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HomeMy WebLinkAbout3442 Ordinance T Q. 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. J ' DATED this 27th day of November, 2000. Michael L. rrison, Mayor ATTEST: APPROVED AS TO FORM: G6 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. 1 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.) 2 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 3 •3 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. 4 •r 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 5 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 6 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 7 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. 8 (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. 9 (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. 10 (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.) 11 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