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HomeMy WebLinkAbout4785 Ordinance - Amending PMC 5.05.170 Exemptions Related to Business Licenses Regs Ordinance – Amending PMC 5.05.170 Exemptions Related to Business Licenses and Regulation - 1 ORDINANCE NO. 4785 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING PASCO MUNICIPAL CODE SECTION 5.05.170 EXEMPTIONS RELATED TO BUSINESS LICENSES AND REGULATION. WHEREAS, the Washington State Legislature enacted RCW 35.90, requiring all cities with general business license programs to adopt a model ordinance developed in partnership with the Department of Revenue and the Association of Washington Cities; and WHEREAS, under RCW 35.90.080, the Association of Washington Cities, in coordination with a representative committee of cities and with input from business stakeholders, was required to develop a model ordinance that includes a uniform minimum licensing threshold for out-of-city businesses; and WHEREAS, as part of the required periodic update to the model ordinance, the threshold for requiring a general business license for out-of-city businesses has been increased from $2,000 to $4,000 in annual revenue, effective January 1, 2026, and must be adopted by all participating cities; and WHEREAS, the updated model ordinance also includes a mandatory inflation adjustment mechanism that increases the threshold every four years based on cumulative inflation, as measured by the Consumer Price Index for All Urban Consumers (CPI-U), Western Region, rounded to the nearest $100; and WHEREAS, the City of Pasco administers its general business license program through the Washington State Business Licensing Service (BLS) and is, therefore, required by RCW 35.90.070 to provide at least 75 days’ notice of this change to the Department of Revenue prior to implementation; and WHEREAS, the City Council has determined that the monetary threshold exemption for business license requirements should apply to all businesses, whether located within or outside city limits, in order to reduce regulatory burden on businesses with minimal economi c activity; and WHEREAS, the City Council finds that adopting the updated model threshold and CPI adjustment provisions is necessary to comply with State law and further supports extending the monetary threshold exemption to businesses located within the City in order to ensure consistency, reduce regulatory burden, and maintain participation in the Business Licensing Service (BLS) program. Ordinance – Amending PMC 5.05.170 Exemptions Related to Business Licenses and Regulation - 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That Section 5.05.170 of the Pasco Municipal Code entitled “Exemptions” is hereby amended and shall read as follows: 5.05.170 Exemptions. To the extent set forth in this chapter, the following persons and businesses shall be exempt from the registration, license and/or license fee requirements as outlined in this chapter: (1) Monetary Threshold. Any person or business whose annual value of products, gross proceeds of sales, or gross income of the business in the City is equal to or less than $2,000 and who does not maintain a place of business at a commercial location within the City shall be exempt from the general business license requirements in this chapter. The exemption does not apply to regulatory license requirements or activities that require a specialized permit. Beginning January 1, 2026, the threshold amount is $4000. The threshold amount will be adjusted every forty-eight months on January 1, by an amount equal to the increase in the Consumer Price Index (“CPI”) for “West Urban, All Urban Consumers” (CPI-U) for each 12-month period ending on June 30 as published by the United States Department of Labor Bureau of Labor Statistics or successor agency. To calculate this adjustment, the current rate will be multiplied by one plus the cumulative four-year (forty-eight month) CPI increase using each 12-month period ending on June 30 of each prior year, and rounded to the nearest $100. However, if any of the annual CPI increases are more than five (5) percent, a five (5) percent increase will be used in computing the annual basis and if any of the annual CPI decreased during the forty-eight-month period, a zero (0) percent increase will be used in computing the annual basis. (2) Nonprofit Organizations. Nonprofit organizations operating without private profit, either regularly or temporarily, for a public, charitable, educational, literary, fraternal or religious purpose shall apply for a no fee business license at the City and conduct activities only after the no fee business license has been issued. This no fee provision shall apply only to the nonprofit organization but not persons sponsored by nonprofit organizations if any private profit whatsoever is derived from its operation. Any business conducted where only a part of the proceeds go to a nonprofit organization is not exempt from a business license fee. [Ord. 4441 § 5, 2019; Ord. 4397 § 2, 2018; Ord. 4380 § 1, 2018; Ord. 4372 § 17, 2017; Ord. 3394 § 1, 1999; Ord. 2619 § 1, 1986; Ord. 1907 § 4, 1977; Code 1970 § 5.04.170; Code 1954 § 3-1.170 - 3-1.206.] Ordinance – Amending PMC 5.05.170 Exemptions Related to Business Licenses and Regulation - 3 Section 2. Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this Ordinance. Section 3. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 4. Effective Date. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, on this 2nd day of September, 2025. _____________________________ David Milne Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: _____________________________ Sunday, September 7, 2025