HomeMy WebLinkAbout3442 Ordinance T
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ORDINANCE NO. 3442
AN ORDINANCE of the City of Pasco, Washington, providing
for the re-enactment of Ordinance No. 3394 (Title 5 of the Pasco
Municipal Code ) entitled "An Ordinance Amending Title 5 of the Pasco
Municipal Code Concerning Business Licenses and Regulations."
WHEREAS, Ordinance No. 3394, entitled "An Ordinance of the City of
Pasco, Washington, Amending Title 5 of the Pasco Municipal Code Concerning
Business Licenses and Regulations," was lawfully enacted by the City of Pasco on
the 6' day of December, 1999, and
WHEREAS, on November 7, 2000, Initiative Measure 722 was approved by
the voters of the State of Washington, purporting to declare any tax increase,
including any fees or charges adopted after July 2, 1999 through December 31,
1999, as null and void and of no effect therefore, putting in question the continued
enforceability of Ordinance No. 3394, and
WHEREAS, Ordinance No. 3394 was adopted to provide for the regulation of
business activities, and its continued application is necessary for the well being of
the citizens of the City of Pasco, and
WHEREAS, the constitutionality of Initiative Measure 722 is presently in
the process of judicial review thereby calling into question the effect of this
initiative, and therefore, to affect the continued enforceability of this ordinance,
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 1. That Ordinance No. 3394 entitled "An ordinance Amending Title
5 of the Pasco Municipal Code Concerning Business Licenses and Regulations," a
true and accurate copy of which is attached hereto as Exhibit No. 1 and
incorporated by this reference as if set out in full, is hereby re-enacted, ratified and
confirmed in all respects.
Section 2. This ordinance shall take full force and effect five days after its
approval, passage and publication as required by law.
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DATED this 27th day of November, 2000.
Michael L. rrison, Mayor
ATTEST: APPROVED AS TO FORM:
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Catherine D. Seaman, Deputy City Clerk Leland B. Kerr, City Attorney
ORDINANCE NO. 3394
AN ORDINANCE AMENDING TITLE 5 OF THE PASCO
MUNICIPAL CODE CONCERNING BUSINESS LICENSES AND
REGULATIONS.
WHEREAS, the City Council of the City of Pasco, Washington, has
determined certain additions and amendments to the regulations governing
business licenses, including fee increases are warranted; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
Section 1. Chapter 5.04 - Licenses Generally is hereby amended
(deletions shown by interlineation and additions shown by underlining) as
follows:
CHAPTER 5.04
LICENSES GENERALLY
Sections:
5.04.010 Definitions.
5.04.020 Licenses required.
5.04.030 Waiver.
5.04.040 Exercise of licensing power.
5.04.050 Application for license.
5.04.052 Responsibility of applicant/licensee.
5.04.055 Agents responsible for obtaining license.
5.04.057 Duties of licensee.
5.04.060 Term of licenses.
5.04.070 Posting-Inspection.
5.04.080 Transfers.
5.04.090 Rebates not to be paid.
5.04.100 Multiple business-Payment of one fee.
5.04.1 10 Revocation of license.
5.04.115 Reinstatement procedures and standards for reviewing an
application for reinstatement.
5.04.120 Maximum fee.
5.04.130 Base fee.
5.04. 140 Square footage charges.
5.04. 150 Outside area charges.
5.04. 160 Fees.
5.04. 170 Exemptions.
5.04.175 Language of special chapters prevail.
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5.04.180 Licenses to be obtained by first regular business day of
January.
5.04.190 Late payment fee.
5.04.200 Collection of fees by civil action.
5.04.210 Code infraction-Civil penalty.
5.04.010 DEFINITIONS. (a) "Business" means all activities, occupations,
trades, pursuits or professions located and/or engaged in within the City with
the object of gain, benefit, or advantage, directly or indirectly. Each business
location shall be deemed a separate business except separate locations for
storage only.
(b) "City" means City of Pasco, Washington.
(c) "Outside area" means unenclosed areas used for selling, display, or
storage.
(d) "Licensee" shall include the applicant(s) for a business license or the
holder thereof for any use of period of time. (Ord 2675 Sec. 1, 1988.)
(e) "Person" means any individual, partnership, joint venture, company,
firm, corporation, association, receiver, assignee, trustee, trust, estate, club, or
any group of individuals acting as a unit. Those engaged in the practice of a
profession will be treated as any other person. (Ord. 2675 Sec. 1, 1988.)
(f) "Square feet of floor space" means the total area of enclosed floor
space regardless of use or location. (Ord. 2675 Sec. 1, 1988; prior code Sec. 3-
1.04.)
5.04.020 LICENSE REQUIRED. It is unlawful for any person to engage
in any business within the City or to conduct any shows, exhibitions, or lawful
games within the City without a license issued by the City and compliance with
the requirements of this chapter. (Ord. 2675 Sec. 1, 1988; Ord. 2261 Sec. 1,
1981; prior code Sec. 3-1.30.)
5.04.030 WAIVER. The City Council shall have the right to waive by
motion the business licenses requirement imposed under this chapter
whenever the City Council deems it in the public interest that the business
license not be required. Any such motion must be passed by a majority of the
members of the City Council present and voting on the waiver and the Council
minutes shall reflect the motion and the number of councilmen voting in favor
thereof. (Prior code Sec. 3-1.32.)
5.04.040 EXERCISE OF LICENSING POWER. The provisions of this
chapter shall be deemed an exercise of the power of the City to license for
regulation and revenue. (Prior code Sec. 3-1.34.)
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5.04.050 APPLICATION FOR LICENSE. Each applicant for a license
shall file an application with the City Clerk. The application shall be in writing
and signed by the applicant and shall give the applicant's residence address
and business address and such other information as shall be required by the
City Clerk. Upon payment of the license fee, and satisfactory compliance with
other applicable City ordinances and general laws, the Clerk shall issue the
license. (Ord. 1447 Sec. 1, 1970: prior code Sec. 3-1.40.)
5.04.052 RESPONSIBILITY OF APPLICANT/LICENSEE.
(a) Information. Any applicant for a business license shall be
responsible for the accuracy of the information given and statements made on
the application form. In the event information provided on the application form
becomes incorrect or inaccurate for any reason after issuance of a license by
the City, the applicant is personally responsible to file an amended application
containing the correct information with the City Clerk. (Ord. 2675 Sec. 1,
1988.)
(b) Requirements of this chapter. The applicant for a business license is
personally responsible for compliance with the requirements of this chapter by
the business named on any license issued on the basis of the application
signed by the applicant. (Ord. 2675 Sec. 1, 1988.)
5.04.055 AGENTS RESPONSIBLE FOR OBTAINING LICENSE. The
agents or other representatives of non-residents who are doing business in this
City shall be personally responsible for the compliance of their principals and
of the businesses they represent with this chapter. (Ord. 2675 Sec. 1, 1988.)
5.04.057 DUTIES OF LICENSEE. Every applicant/licensee under this
chapter shall:
(a) Ascertain and at all times comply with all laws and regulations
applicable to such licensed business.
(b) Be personally responsible for the business operation and activities
occurring on the business premises.
(c) Avoid all illegal practices or conditions on the business premises
which do or may harmfully affect the public health, safety or welfare; including
the taking of such corrective or preventative actions as are reasonably available
(i.e., supervision, prohibiting lawbreakers and troublemakers from the
business premises, reporting criminal activity to the police) and requested in
writing by the City Manager or his designee. (Ord. 2675 Sec. 1, 1988.)
5.04.060 TERM OF LICENSES. All licenses shall be for a period of one
year, unless otherwise provided herein; such license to begin January 1 st of
each year and terminate the following December 31 st, and must be renewed
annually in advance on the first regular business day of January, but in no
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case later than the last regular working day of February each year. Any license
which is hereinafter required for any year shall entitle the licensee(s) to operate
within the City until December 31 st of the year in which the license is issued
after whieh date the keense is i ssse— by the City unless revoked pursuant to
section 5.04.110. Any and all licenses issued for any new business which shall
begin operation after January 1st of any year, up to and including June 30th of
any year, shall be required to pay the full license fee, but only one-half the
license fee if operations begin after June 30th. (Ord. 2675 Sec. 1, 1988; Prior
code Sec. 3-1.44.)
5.04.070 POSTING - INSPECTION. The license shall be conspicuously
posted in each place of business and shall be produced for inspection upon the
request of any authorized City Official. (Prior code Sec. 3-1.48.)
5.04.080 TRANSFERS. Licenses may be transferred upon application
submitted to the City Clerk and payment of a five-dam thirty-seven dollar
transfer fee. Upon payment of the transfer fee, and satisfactory compliance
with other applicable City ordinances and general laws, the Clerk shall issue
the license. (Ord. 1447 Sec. 2, 1970; Ord. 1422 Sec. 1, 1970; prior code Sec.
3-1.52.)
5.04.090 REBATES NOT TO BE PAID. No rebates shall be paid if the
licensee shall fail to operate the business for the full period of the license.
(Prior code Sec. 3-1.56.)
5.04.100 MULTIPLE BUSINESSES - PAYMENT OF ONE FEE. Where
more than one of any of the businesses for which a license is required is
carried on by the same person in the same location, then such person shall pay
the highest license fee in this chapter required for any such business and no
license fee shall be required for the other businesses there carried on. (Prior
code Sec. 3-1.60.)
5.04.110 REVOCATION OF LICENSE. (A) The City Council may revoke
any license issued under this title after it has been issued, or any person's
privilege to do business in the City of Pasco, when after investigation by City
staff, any one or more of the following grounds are found to exist:
1) Illegal issuance of the permit.
2) Issuance of the permit without authority or power.
3) Issuance under an unauthorized ordinance or under an ordinance
illegally adopted.
4) Issuance in violation of an ordinance.
5) When the business license was procured by fraud or false
representation of facts.
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6) When issued through mistake or inadvertence.
7) When the license application contains false or misleading statements,
evasions or suppression of material facts. (Ord. 2922 Sec. 1, 1993.)
(B) Other grounds for revocation in addition to those stated in the
previous subsection are:
1) Substantial violations of the terms and conditions on which a license
or permit is issued.
2) Violation of ordinances or law authorizing or regulating the license or
permit, or regulating the business, activity or thing for which it is issued.
3) Conviction of infractions of or offenses under such an ordinance or
law.
4) Wrongful behavior of a substantial character and of a public concern
in relation to the licensed activity.
5) When reasonably necessary in the interest of protection of the public
health, safety, peace or welfare.
6) When a business becomes an instrument of or a cover for public
disorder, crime, or other danger to public safety, morals or health. (Ord. 2675
Sec. 1, 1988.)
(C) Before any such license or licensing privilege shall be canceled or
revoked the holder of such license or privilege shall be given two weeks notice
of a hearing to be held by the City Council at which time the applicant must
show cause why such license and for privilege to do business should not be
revoked. The notice to be given the applicant must state the grounds and the
reasons for the forfeiture and revocation and also the date set for the hearing
thereon. PROVIDED, HOWEVER, the City Manager may deny the issuance of a
license or immediately revoke the license of any business for any of the
grounds set forth, when any such license has been issued for a period of less
than 72 hours; any such determination by the City Manager shall be deemed
conclusive unless the applicant appeals to the City Council within five (5)
calendar days of notice of the revocation. Pending any such appeal to the City
Council, the business license shall remain revoked or denied. (Ord. 2922 Sec.
1, 1993.)
(D) The decision of the City Council to revoke a business license or
licensing privilege or to sustain the decision of the City Manager revoking a
license on an appeal, shall be supported by written findings of fact in support
of the decision. Each decision of the City Council to revoke a business license
and/or the business licensing privilege shall set forth a minimum period of
time for which the business license and/or business licensing privilege is to be
revoked. The minimum time period for the duration of the revocation of a
business license and/or the business licensing privilege shall be one (1) year
unless the City Council determines that extraordinary circumstances exist
J ustifying a shorter period of time, in which case the justification for such
decision shall be set forth by the City Council in writing. In determining the
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minimum time of the revocation during which reinstatement of a business
license and/or business licensing privilege shall not be considered, the City
Council will consider among other factors:
1) The degree of the persons culpability and the conduct leading to the
revocation; and
2) The criminal nature of the conduct, if any; and
3) The conduct's effect on the community; and
4) The licensee's acceptance of the responsibility for their actions or
conversely their failure to accept responsibility or admit their wrongdoing.
(Ord. 2922 Sec. 1, 1993; Ord. 2569 Sec 1, 1985; prior code Sec. 3- 1.64.)
5.04.115 REINSTATEMENT PROCEDURES AND STANDARDS FOR
REVIEWING AN APPLICATION FOR REINSTATEMENT.
(A) Procedures. At any time following the minimum time period for
revocation of a business license and/or business licensing privilege set forth by
the City Council in their decision to revoke a license and/or business licensing
privilege, reinstatement of the license and/or licensing privilege may be sought
utilizing the following procedures:
1) A written application shall be completed on a form available from the
City Clerk.
2) The application, when completed, shall be filed with the City Clerk,
with a copy to the City Attorney and the City Manager.
3) The City Council shall set a public hearing date with at least two (2)
weeks' notice to the applicant to consider the application for reinstatement.
4) The public hearing shall be advertised by the City Clerk in a
newspaper of general circulation in the City of Pasco at least once and at least
five (5) days prior to the public hearing.
5) At the public hearing the City Council receive testimony from the
applicant, City Staff and interested members of the public.
6) Upon conclusion of the public hearing the City Council shall decide,
by motion, whether or not to grant approval of the application. Approval of the
application shall require an affirmative vote by a majority of the members of the
City Council present and voting on the application.
7) All approvals or denials of an application shall be supported by
written findings of fact.
(B) Standards for Review. In making their determination on an
application for reinstatement of a business license and/or the business
licensing privilege, the City Council shall consider all relevant factors brought
to their attention, which shall include:
1) The time since the revocation action was taken; and
2) The degree of applicant's culpability and the conduct leading to the
revocation and the criminal nature of the conduct, if applicable; and
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3) The effect on the community of the conduct leading to the revocation
of the licensing privilege and any lingering effects still experienced by the
community; and
4) The steps taken by the applicant to reform him/herself or insure that
if placed in a similar business ownership position, he/she would not revert to
the prior conduct which lead to the revocation of his/her license and/or
business licensing privilege; and
5) Any additional means by which the applicant can demonstrate to the
Council that if allowed a new business license, the prior wrongful conduct
would not reoccur. (Ord. 2922 Sec. 2, 1993.)
5.04.120 MAXIMUM FEE. No annual license fee shall exceed twe
hundred *w @nt-= five hundred dollars per year. (Ord. 2223 Sec. 1, 1980;
Ord. 1907 Sec. 1, 1977; Ord. 1403 Sec. 1, 1969; prior code Sec. 3-1.68.)
5.04.130 BASE FEE. All persons engaged in business other than those
specifically identified elsewhere in this title shall pay a base license fee of
seventy five dollars per year, plus square footage charges as defined in section
5.04.140 and outside area charges as defined in section 5.04.150.
5.04.140 SQUARE FOOTAGE CHARGES. The first three thousand
square feet of floor space is included in the base fee. The sum of sixteen
debts and ninety eents thirty dollars shall be added for each additional
increment of 3000 square feet or any fraction thereof. (Ord. 2223 Sec. 2, 1980;
Ord. 1907 Sec. 2, 1977; Ord. 1403 Sec. 2, 1969; prior code Sec. 3-1.76.)
5.04.150 OUTSIDE AREA CHARGES. Outside area charges of fifty
dollars shall be charged for every person having an outside_ area used for
selling, display, or storage. Such outside area charges shall be in addition to
the base fee and square footage char ges.
5.04.160 FEES. (a) RENTALS - DWELLING UNITS. Any person renting
or making available for rent to the public any dwelling unit shall secure a
license registering each dwelling unit including a certification warranting that
each such dwelling unit complies with the Uniform Housing Code as adopted
by the City and does not present conditions that endanger or impair the health
or safety of the tenants. For the purpose of this section "dwelling unit" shall
mean any structure or part of a structure which is used as a home, residence
or sleeping place by one, two or more persons maintaining a common
household, including but not limited to single family residences and units of
multiplexes, apartment buildings and mobile homes. The annual business
license fee shall be $30.00 for each independent business location and the first
unit and $3.00 for each additional rental dwelling unit available for rental to
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the public by the applicant. All revenues received from this business license
fee shall be utilized exclusively for the cost of issuance of the license provided
herein and the administration of Chapter 5.78 of this title. Issuance of the
business license shall be contingent upon submission of the certification,
inspection, as required by this title, payment of the fee provided above and
compliance with Chapter 5.78 of this title. (Ord. 3325 Sec. 1, 1998; Ord. 3231
Sec. 1, 1997; Ord 2992, Sec. 1, 1994.)
(b) AUCTION SALES. All auction sales shall pay a regular business
license fee for a term of up to three consecutive days. Provided, however, that
the fee requirements of this subsection shall not be applicable to persons, firms
or corporations having established places of business in the City and having
valid business licenses issued by the City, who wish to hold an auction for the
purpose of disposing of excess inventory, damaged goods, or for promotion;
provided, however, that any auction conducted under this provision shall not
exceed one day in length and the person, firm or corporation holding such
auction shall, as a condition precedent, file written notice with the City Clerk of
the date, time, place and nature of the goods to be auctioned and the reasons
for conducting the auction. Notice as required herein shall be filed with the
City Clerk at least five days prior to the date the auction is to be held, and
provided further, that no person, firm or corporation shall be entitled to hold
more than one auction each calendar year under this provision without being
required to pay the fee required above. This provision shall not apply in the
following cases:
(1) Judicial sales held pursuant to an order of the court; or
(2) Non judicial sales held under the authority of and pursuant to a
federal or state statute; or
(3) An auction conducted by or on behalf of a political organization or a
charitable corporation or association if the person conducting the sale receives
no compensation; or
(4) An auction conducted by or under the direction of a public authority;
or
(5) Wholesale auctions and stockyard auctions, which will be required to
pay the regular license fee. All auction sales to which the above license fee
provision applies shall be required to submit with their license application a
legible photo copy of the auctioneer's current certificate of registration issued
by the Washington State Department of Licensing and the auction company's
certificate of registration issued by the Washington State Department of
Licensing. (Ord. 2831 Sec. 1, 1991.)
(c) BANKS AND FINANCE AGENCIES. All banks and finance agencies
shall pay ene hland-e xt-y tight de 'rar-s anasevent-Y five-eent two hundred
dollars per year. Each branch shall be construed to be a separate bank for
purposes of this chapter.
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(d) BOWLING ALLEYS. Bowling alleys shall pay annually thirty three
dollars and seventy five een seventy-five dollars for the first alley and fwe
a„ll„rs and sixty-five een+ six dollars for each additional alley.
(e) COMMERCIAL RENTALS. Any person renting or subletting any type
of property, unimproved or improved, other than apartments and sleeping
rooms, and who has feuF three or more such properties or units available shall
pay *thirty three dellars And F A.- its seventy-five dollars plus two
dollars and seventy five s three dollars per unit per year. Each separate
tenant in a building or of a tract of land shall constitute a separate unit for
purposes of this chapter.
(f) DRAY AND TRANSFER. All persons engaged in the business of
draying or transferring, or the moving of goods and commodities for hire, shall
pay thirty thr-e@ dollars and seventy five een seventy-five dollars per year on
the first truck or conveyance, and f^",. d -u„r and fifty ent five dollars for
each additional truck or conveyance. If a storage or warehousing business is
carried on in conjunction with the dray and transfer business, square footage
charges shall also be paid.
(g) HOTELS, MOTELS AND CABIN COURTS. All hotels, motels and
cabin courts, or places where rooms are kept for rent for the accommodation of
the traveling public, whether rented by the day, by the week or month, shall
pay thirty_+h,-°° ,collars and seventy five seventy-five dollars per year plus
twe dollars and twenty fiv@ e@nts five dollars for each unit.
(h) LIQUOR SALES WITH AND WITHOUT DANCING. Any place serving
beer, wine or other intoxicating liquor shall pay ene hundred twelve- d^"ars an
f.f two hundred and fifty dollars per year, plus square footage charges.
Any place serving beer, wine or any other intoxicating liquor and providing
dancing shall pay three
hundred-fifty dollars per year, plus square footage charges. If dancing alone is
provided in conjunction with some other business not involved in the sale of
beer, wine or other intoxicating liquor, the fee shall be +hi-ty three dollars an
S @Ve ty f;3;,° eents seventy-five dollars per year, plus square footage charges.
(i) MORTUARIES. ;ieFwa -ies shall fifty six dollars and twenty five
eats r°r t @ Repealed.
6) BUSINESSES LOCATED OUTSIDE CITY. All persons not having a
business location in the City but engaging in any business within the City shall
pay thirty-three d^"-A F- And seventy five eents seventy-five dollars per year.
(k) PROFESSIONAL BOXING AND WRESTLING EXHIBITION. All
persons staging professional boxing or wrestling matches shall pay thirty three
deflarF,-an1-1 seventy five eents seventy-five dollars per show.
(1) SERVICE STATIONS. Sea;Fvice sta ' ns shall ,-ay thirty ,a
three��s
and sevent�� five cents per year-. This subseetien shall not apply to plaee-s
where motor- . °hieles ar-@ kept Repealed.
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(m) SLEEPING ROOMS AND ROOMING HOUSES. Any person renting
sleeping rooms by the month or week only and not by the day or night and who
has four or more such rooms or units available shall pay two dollars an
twenty five ee is seventy-five dollars per year plus five dollars per room or unit
per year.
(n) THEATERS AND MOVING PICTURE SHOWS. Theaters and me
^t,,,-o she shall pay ene hundred twelve dollars and fifty een one hundred
and fifty dollars per year.
(o) USED CAR LOTS. Used ear lets shall y thirty three dollar s and
seventy -r- e eents per yea Repealed.
(p) VAUDEVILLE AND TRAVELING SHOWS. Va^udey ll° and tr•^r,°ling
shows shall pay thirty three dell r... and seventy five rents_-per- _aaai� Repealed.
(q) ALL OTHER BUSINESSES. A11 other. persons engaged in business
other than these speeffieally identified in this title shall pay thirty th-Fee defll-ar-s
and seventy f4ve eents p@r- year-, plus square footage- ehar-ges pitis eutside area
eharges of thirty three dollars and seventy fiv@ eents fer- every per-son having a
, utside o as defined. Repealed.
(r) TRADE SHOWS, EXPOSITIONS AND FAIRS. Trade spews,
display war-es, take orders or prer-nete preduets and serviees eelleetively oF
ourrent Pasee Business Lieense. in ne ease will the tetal business heense fe
s,deh an event emeeed twe h:Lindr-ed twenty five- ($225.00) dollars. The pr-emeter-
rof the event is ° ible for the eellee ie-r, A--n payment
L V L f' the 1 V f 1L.o1�n u ~l l V V A
rules-and regulatiens as the City Gler-k may impose. Repealed. (Ord. 3212
Sec. 1, 1997; Ord. 2223 Sec. 4, 1980; Ord. 1907 Sec. 3, 1977; Ord. 1403 Sec.
3-22, 1969; Ord. 1269 Sec. 1, 196; prior code Sec. 3-1.90 - 3-1.162.)
5.04.170 EXEMPTIONS. (a) 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 and conduct activities only after the no
fee business license has been issued. This provision shall exempt only the
nonprofit organization but not persons sponsored by nonprofit organizations if
any private profit whatever 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. 2619, Sec. 1, 1986.)
(b) CARD ROOMS. The provisions of this chapter shall not apply to card
rooms.
(c) CARNIVALS AND STREET SHOWS. The provisions of this chapter
shall not apply to carnivals and street shows licensed under Chapter 5. 16.
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(d) JUKE BOXES, PINBALL, AMUSEMENT GAMES AND MACHINES.
The provisions of this chapter shall not apply to electrical phonographs, pinball
games or machines of skill or amusement licensed under Chapter 5.20.
(e) GAS INSTALLERS. The provisions of this chapter shall not apply to
gas installers licensed under Chapter 16. 12.
(f) MOBILE HOMES. The provisions of this chapter shall not apply to
mobile homes licensed under Chapter 19.12.
(g) PEDDLERS AND SOLICITORS. The provisions of this chapter shall
not apply to peddlers and solicitors licensed under Chapter 5.08.
(h) TAXICABS. For-Hire Vehicles. The provisions of this chapter shall
not apply to taxicabs licensed under Chapter 544 5.45.
(1) UTILITIES. The provisions of this chapter shall not apply to utilities,
other than telegraph utilities, licensed under Chapter 5.32.
0) PUNCH BOARDS. The provisions of this chapter shall not apply to
punch boards or trade stimulators.
(k) ARCADE OR SIMILAR BUSINESSES OR ENTERTAINMENT
MACHINES. The provisions of this chapter shall not apply to any arcade or
similar business or entertainment machines licensed under Chapter 5.64.
(Ord. 1907 Sec. 4, 1977; prior code Sec. 3-1.170 - 3-1.206.)
5.04.175 LANGUAGE OF SPECIAL CHAPTERS PREVAIL. The provisions
of this chapter shall be subordinate to any provision of any other chapter of
this title where the provisions address the same subject or are in conflict. It is
the intent of this section that the provisions of chapters specially regulating a
particular kind or kinds of business prevail over the provisions of this chapter
which generally licenses businesses where there is conflict in language and the
two provisions cannot be interpreted harmoniously with one another. (Ord.
2833 Sec. 1, 1991.)
5.04.180 LICENSES TO BE OBTAINED BY FIRST REGULAR BUSINESS
DAY OF JANUARY. All persons engaged in business shall procure their license
to operate on or before the first regular business day of each and every
January, but in no case later than the last regular business day of February
each year. (Ord. 1907 Sec. 5, 1977: prior code Sec. 3-1.220.)
5.04.190 LATE PAYMENT FEE. A late payment fee of fifteen thirty
dollars shall be added to each annual license not procured by March 1st of
each and every year to help defray added administrative expenses because of
such late payment. (Ord. 2223 Sec. 5, 1980; prior code Sec. 3- 1.224.)
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5.04.200 COLLECTION OF FEES BY CIVIL ACTION. The City shall have
the power to institute suit or action in any court of competent jurisdiction for
the purpose of collecting any license fees and late payment fees that are due
and payable. (Prior code Sec. 3- 1.232.)
5.04.210 CODE INFRACTION - CIVIL PENALTY. (a) Not withstanding
any other provision of this code and except as provided in (b) below, any person
violating any of the provisions or failing to comply with any of the requirements
of this chapter, shall upon a finding that the act or omission has been
committed, shall be punished by a fine of not more than three hundred fifty
dollars, and shall be guilty of a code infraction. Each such person is guilty of a
separate code infraction for each and every date during any portion of which
any violation of any provision of this chapter is committed, continued or
permitted by such person and shall be punished as aforestated. (Ord. 2675
Sec. 1, 1988; Ord. 2475 Sec. 1, 1983.)
(b) Any person who engages in any business within the city as required
by Section 5.04.020 without a license after the license for the business is
revoked under section 5.04.110 is guilty of a crime and subject to the penalties
of fine and/or jail set forth in section 1.01.130 of this code. (Ord. 2675 Sec. 1,
1988.)
Section 2. That a new chapter be added to the Pasco Municipal Code
designated as Chapter 5.05 entitled "Trade Shows, Exhibitions and Temporary
Special Events" shall be and is hereby adopted and shall read as follows:
CHAPTER 5.05
TRADE SHOWS, EXHIBITIONS AND TEMPORARY SPECIAL EVENTS
Section:
5.05.010 License Requirement.
5.05.020 Definitions.
5.05.030 Fees.
5.05.040 Term of License.
5.05.050 Collection by Promoter.
5.05.060 License Application.
5.05.070 Penalties and Interest.
5.05.010 LICENSE REQUIREMENT. It is unlawful for any person, group
of persons, partnership, association, corporation, or any other type of business
entity to act as a promoter of a temporary special_ event without first obtaining
a temporary special event license. Examples of temporary special events
include, but are not limited to, trade shows, exhibitions, festivals, fairs, arts
12
and crafts shows home shows recreational vehicle shows boat shows and
other off-site sale shows that are open to the public.
5.05.020 DEFINITIONS. As used in this chapter, the following terms
have the meanings indicated.
(a) "Promoter" means any person, group of persons, assocation,
partnership, corporation, or firm engaged in the business of_providing to any
vendor, directly, or indirectly, sales areas within a temporary special event
location for the purpose of usina such location during the term of a tem ora
special event license.
(b) "Sales Area" means any stall, booth, stand, space, section, unit or
specified floor area within any temporary special event location where goods or
services arc offered or displayed by a vendor for the purpose of sale, trade,
barter, exchange or advertisement.
(c) "TemporarySpecial Event" means the congregation of a minimum
of ten (10) vendors who rent, lease, purchase or otherwise obtain a sales area
from or through a promoter for the purpose of selling, bartering, exchanging,
trading or displaying goods or services at an event which is open to the public
for a period not to exceed ten (10) consecutive calendar days.
id) "Temporary Special Event Location" means an area, open to the
public, wherein vendors congregate for the purpose of participating in a
temporary special event.
e "Vendor" means anV person, association grou artnershi
corporation or firm who exhibits goods or services in a temporary special event
location provided through a licensed temporary special event promoter, for the
purpose of selling, bartering, trading, exchanging or advertising such goods or
services.
5.05.030 FEES. Trade shows, expositions and temporary special events,
as defined by PMC 5.05.010, shall be charged a license fee of twenty dollars
($20.00) per vendor, except businesses already holding a current Pasco
Business License. In no event shall the total business license for such an
event exceed five hundred ($500.00) dollars.
5.05.040 TERM OF LICENSE. Each license issued under this chapter
shall be limited to the number of days approved for operation of the temporary
special event for which the license is issued. No License shall be effective for
more than ten (10) consecutive calendar days.
5.05.050 COLLECTION BY PROMOTER. The license fee required shall
be collected by the promoter from each vendor who intends to be included
under the promoter's temporary special event license and shall be remitted by
the promoter to the City three (3) days prior to the commencement of the
13
•r
temporary special event. The promoter shall be personally responsible for any
sums collected, or any sum which should have been collected from a vendor.
5.05.060 LICENSE APPLICATION. At the time for a license pursuant to
this chapter, the promoter shall submit to the City Clerk's office a list of the
total number of vendors participating, at the temporary special event for which
the license is sought, which list shall include the vendors' name, addresses,
and business phone numbers, together with a general description of the og ods
and/or services offered by each vendor.
5.05.070 PENALTIES AND INTEREST. A promoter of a temporary
special event who fails to file a complete license application or who fails to
remit the required license fee to the City at least three (3) dasprior to such
temporary pecial event shall have added to the license fee an amount e uq al to
10 percent (10%) of such license fee. An extension of time to file the
_application and/or remit the license fee may be granted by the City Clerk for
good cause shown. Interest may be assessed in the amount of 12 percent
(12%)per year for any unpaid license fee from the date due and owing to the
City.
Section 3. Chapter 5.06 entitled Flea Markets, Swap Meets, Buy-Sell
Marts And The Like, specifically Section 5.06.030 entitled Permit Fee is hereby
amended to read as follows (deletions shown by interlineation and additions
shown by underlining):
5.06.030 PERMIT FEE. The charge for the license under this chapter
shall be fifty seventy five dollars plus an additional five dollars per each one
hundred square feet of rentable space. "Rentable space" means all space at the
building or "business location" to be used for the undertaking being licensed
except for that space specifically set aside and designated for vehicle parking
only. (Ord. 2521 Sec. 1 (part), 1984).
Section 4. Chapter 5.08 entitled Solicitors, specifically, Section
5.08.050 entitled License Fee is hereby amended to read as follows (deletions
shown by interlineation and additions shown by underlining):
5.08. 050 LICENSE FEES. The license fee for solicitors hereunder shall
be as follows: For each new application, O°vent y fi one hundred fifty dollars
for each calendar year or fraction thereof, payable in advance. Fees and
investigations as used in this section refer solely to individuals and not to
firms. (Ord. 2223 Sec. 6, 1980; Ord. 1907 Sec. 8, 1977; Ord. 1404 Sec. 1,
1969; prior code Sec. 3-8.20.)
14
Section S. Chapter 5.28 entitled Food Establishments is hereby
amended to read as follows (deletions shown by interlineation and additions
shown by underlining):
CHAPTER 5.28
FOOD ESTABLISHMENTS
Sections:
5.28.010 Adoption of state rules.
5.28.020 Definitions. Repealed.
5.28.030 Permit required.
5.28.040 Application of permit. Repealed.
5.28.045 Consent for Health District to charge fees for
license issuance or renewal.
5.28.050 Fee for permit. Repealed.
5.28.060 Issuance of permit - Expiration. Repealed.
5.28.070 Renewal of permit. Repealed.
5.28.080 Certificates of recognition. Repealed.
5.28.090 Revocation or suspension of permit. Repealed.
5.28.100 Reinstatement of suspended permit. Repealed.
5.28.110 Appeal. Repealed.
5.28.120 Compliance with licensing ordinances.
5.28. 125 Sidewalk seating.
5.28.010 ADOPTION OF STATE RULES. Subject to the provisions of RCW
Section 35.21.180, the "Rules and Regulations of the Washington State Board
of Health Governing Food Sanitation," revised and adopted by the State Board
of Health, June 3, 1963, Sections .84.001; .84.010; .84.020; .84.030; .84.040;
.84.050; .84.060, and .84.070 (hereinafter called "rules and regulations,") and
all future amendments, modifications and changes thereto, are adopted by
reference, except as provided in this chapter. The city clerk shall keep three
copies of the rules and regulations on file at all times, as required by state law.
(Ord. 1331 Sec. 1, 1968.)
5.28.020 DEFINITIONS. When used in this ehapter-, the following ing words
and expressions shall have t4fl-A, m—e s . se-;l-,ed te_them below:
( + ,l health affi��metans-the-eity b,eeAt e f eer,,-c�izz�en-i-
3 appointed, means th@ city health effieer-, and if none is eurr-ent4y
appeint@d, means the distFiet health effieer, OF the authorized representative 4
either- of them i
7
(2) "Per-°en" m@a n s any-natural per- en,firr , eeFpe e ,
the federal gevernment whieh is subjeet to the juFisdietien of the state.
Repealed. (Ord. 1331 Sec. 2, 1968.)
15
5.28.030 PERMIT REQUIRED. It is unlawful for any person to operate a
food establishment without having in his possession, an unrevoked permit
issued by the local health officer. With respect to temporary food
establishments, the permit required shall be the permit required for other such
establishments. -(Ord. 1331 Sec. 3, 1968.)
5.28.040 APPLICATION FOR PERMIT. O Any pe r, desiring to ebtair. ,
V 1Jt.U111 u
permit re appliE'-atien theref6rte the leeal health f'Fiee - an forms to be
provided by him. The applieat4en shall inelud@-;
7 or per-sen
shall be responsible for- the n r
Nom"`'`ntier
,
operated,(2) Type of establishment desired te be inelmading types of fe 7
drink,ete 7 planned to be served to the ubl;ncc.r. if r
, a any;
( ) T e do and site_of proposed tablis t.
(4) Stat@ment as te the sour-e@ of the water supply te be 7
(5) St.,tefne t to the method of d Y `1 1 of liquid f.
aste •
,
(6) Statement as-te-the
�y refuse;
j
/7) Statement m -rtas to tti°r-cruse of approved f ilities for prepery was ng
and sanitizing utensils;
(8) Statements as to the teilet facilities to be used-;
(9) Duration ef time the temporary feed establishment is to be eperat
(1 0) An agreement by the r p ir• t to restore th + a elean .-1
;
(11) Statement as te the use ef
The lee al health effie@r_-_-_ I-11-H, - pplir.a is to fiar-nish sue1-. etL.°�
infermatien,
1'OTei—reit'.f to ear—r
11--nents Of (a) as he believes are not r-eqaired to ean-7y etit
pig ; qs „f the other its „f this ehapt°r Repealed. (Ord. 1331 Sec. 4,
1968.)
5.28.045 CONSENT FOR HEALTH DISTRICT TO CHARGE FEES FOR
LICENSE ISSUANCE OR RENEWAL. The City of Pasco hereby consents and
authorizes the Benton-Franklin Health District to establish, charge and collect,
all fees in connection with the issuance or renewal of a license or permit for the
operation of a food establishment within the City of Pasco. Suhc-ensentzs
conditiened , pen the Benton Fra-nkli-n---Hea t-h Distr-iet allowing the City of
Paseo te take a direct eredit of $8,800-00 against the annual assessment
e. .-1 to the G e ns T, th& Benton Tim 1 l ivy Health Di trig Ord.
gcc�-tv--ern' �--, cv�—r���mc.�circo'n-Ti'c[rrrccixrzrcurcrx—��crccc. (
2911 Sec. 1, 1992.)
16
5.28.050 FEE FOR PERMIT. The f° f a i, feed establishment t per- ,i+
r,` + of tthe fee, the notify the 1o.a1 h@alt off eer that the f°° has
7 t shall be sued until the fee pFayRde + herein has been.
paid. pro-,--,-44; - no fee permit for a temperaiT food establishment(s) sla-all be
issued, if oth@FA4se eligible, te any non profit organization operating
private , 7 ,
edueatiEl t lteyarc , f ntor l igio pur-pe °
Q te 50 seats $ 50.00)
51 to 100 seats 7-5.90
101 plus seats i o.
Seasonal Gonee 40.00
M ile units 40.00
ll itinerants (T°.+ perm: Food Establishments):
First it.-.:r - i5.09
Ec-cchz-z�c`ardit••,•-,r•l Day - 13.00
n Tr, r-ns•
Alith Feed Pr-epar-atian 150,00
Without Fee 7 Drepar-ati..+•+ 40.00
rl G rnn°r'r Sterao r
witheut Feed Preparation 25-90
Wi+'1-. Food PFepara'tien (i.e. Dell.) .-.rllam--15.00
With a Meat Cutting department add-
�xT•tt-, n l7 .1 nn
�rrar-mac i•Ce-�e'-' —& c� :-Qv
Bakery only -2s.00
(Man m s 85.00
e, Seheel with itehen 50 nn
f. Jail Kite so.nn
Repealed. (Ord. 2819 Sec. 1, 1991; Ord. 2757 Sec. 1, 1989; Ord. 2223 Sec. 12,
1980; Ord. 1970 Sec. 12, 1977; Ord. 1331 Sec. 5, 1968.)
5.28.060 ISSUANCE OF PERMIT - EXPIRATION. 14 the le-e l h°°1tl of -ep-r-
applicant has agreed to agreed te the appheable sanitary r-_,J__.tS ef this
,aii-ments of this ehapter, h@ shall issue an appropriate permit. Permits for
temporary f;ged establishments shall expir-e- at the @nd of the per4ed stated in
feed establishments shall expire on the thirty first Elay ef Deeember-, annuall�-
Repealed. (Ord. 1331 Sec. 6, 1968.)
17
5.28.070 RENEWAL OF PERMIT. Per-mits shall be renewed ann44a4y
,.,pen r-eeeipt ef fee Nk4thout further- applieatien. if however-, the leeal health
offieer deter-mines that any permit heldef has violated the pr-ovisions of this
deeline- the permit of the per-son. Ten days notice of slac-h deeision
shall be gam the r.o,-,:nit h,.l,aer. Repealed. (Ord. 1331 Sec. 7, 1968.)
5.28.080 CERTIFICATES OF RECOGNITION. The leeal health offi
may be in the fer-m of spoeial mar-kings „per_ permits. Repealed. (Ord. 1331
Sec. 8, 1968.)
5.28.090 REVOCATION OR SUSPENSION OF PERMIT. I ) The per-r-.,;+ ^f
any persen may be sumtnan-4y suspended by th@ health effieer- when
immediately, .-1 that „vti+utes a serious threat to hee h
(b) The permit ef any per-son may be r-eveked by the lee&! health effi
(but net any deputy health f$1=serous r.r repeated violations of i-hin
ehapter, no permit shall be r-eveked unless th@ health offieer has held a hearing
as .-1,-,..,.ribe 7 in ubseetio (e
,6, ...'er any suspension of a permit and before any Feveeation ef-,�
refusal to relss'ue, -a' permit the health e 'eer- lqe l held -hearing eir hCe
uspensien, re4eL�}. n, or refiuq-al teT @iss a p He shall give the per- nit he-J-d-eTCL
least three days netiee of the time and plaee ef the hearing. Any per-son wlq
application for- a permit has been refused, shall be ag i-:6--d hea-ice g with the
same netieeupon his r-equest-. Repealed. (Ord. 1331 Sec. 9, 1968.)
5.28. 100 REINSTATEMENT OF SUSPENDED PERMIT. When the permit
of any per-son has be@n suspended, that per-son may, at any ti ta' makpa.
applieation-sal- he-acFempanied—by a--stateme t signed by the applie
setting fer-tia the aetion taken to eor-r-eet the situation- Awlnieh was the basis
the suspension. W h-kg— week after- reeeipt of sueh applieat en, the leeza4
fficer- shall r-einspeet the premises ef sueh feed establishment and may
make as many additional inspoetions as are neeessar-y te assure thia-t
state rules and regulations. if he finds that the applieant is so eemplying, tlqe--n-
be shall reinstate the per-f it. Repealed. (Ord. 1331 Sec. 10, 1968.)
18
r
5.28.110 APPEAL. Any-per by the-deeislon-ethe 'l-e-Al
effleer- may, after- the hea-'-Z' rl--ded for- in Seetion 5.28-090, appeal to t
beaf:d shall hear- saeh appeal in aeeeFdanee with its own rdles and regulations.
if the eit-y health beard is currently aetive and has jurisdietien, the appeal shaI4
be heard within twenty days, and three day's netie@ ef sueh hearing shall be
given ed!er-sens eeneeine-' ze- beard. Repealed. (Ord 1331 Sec. 11,
1968.)
5.28.120 COMPLIANCE WITH LICENSING ORDINANCES. No permit
shall be issued to any person who is required to have a business license by any
other ordinance of the city unless he has first obtained such license. (Ord.
1331 Sec. 12, 1968.)
5.28.125 SIDEWALK SEATING. Any food establishment licensed under
this Chapter and located within the C-2 zone (Central Business District) may
upon application and receiving a permit therefore, provide sidewalk seating for
its customers adjacent to the licensed place of business, provided, however, the
food establishment must have interior seating and the outside seating shall not
exceed 25% of interior seats, and the outside seating shall not reduce usable
sidewalk width to less than six (6) feet. Such application shall include a
drawing of the proposed sidewalk location which includes the location of the
seating, the width of the sidewalk and the width of the sidewalk that will be
obstructed by the outside seating. In addition the application shall include
identification of the food establishment by reference to its regular Pasco
business license number, assurance that the area will be kept clean, the times
of day during which the outside seating will be utilized and the period of the
year for which the outside seating is requested. The city clerk shall review each
such application with the city planner and if in their opinion the public interest
would not be unduly restricted or subject to unreasonable or unnecessary risk
of harm or injury, the clerk shall notify the applicant that a permit therefore
will be granted subject to the payment of a one hundred dollar ($100.00)
annual permit fee and the filing of a satisfactory hold/harmless agreement and
primary liability insurance policy for at least $500,000.00 which will indemnify
the city and release it from liability. Subject to such filing a permit will be
issued. (Ord. 2539 Sec. 18, 1985.)
19
Section 6. This ordinance shall take effect December 31, 1999.
PASSED by the City Council of the City of Pasco, Washington, at a
regular meeting this 6th day of December, 1999.
Charles D. Kilbury, Mayor
ATTEST: APPROVED AS TO FORM:
Catherine D. Seaman, Leland B. Kerr, City Attorney
Deputy City Clerk
1