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HomeMy WebLinkAbout0990 Ordinance� � r ORDINANCE No. 990 AN ORDINANCE LICENSING THE BUSINESS ACTIVITIES CARRIED ON IN THE CITY OF PASCO; LICENSING ALL SHOWS, EXHIBITIONS AND LAWFUL GAMES CARRIED ON :IN THE CITY OF PASCO AND WITHIN ONE MILE OF THE CORPORATE LIMITS THEREOF; PRO- VIDING PENALTIES FOR VIOLATIONS; AND REPEALING .ORDINANCE NO. 735 AND PASCO CITY CODE CHAPTERS 3 -1 AND 3-2 AS THEY NOW EXIST, AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: DEFINITIONS Section 1. 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. Section 2. City means City of Pasco, Washington Section 3, Outside area mean.s unenclosed areas used for selling, display, or storage. Section. 4. Person means any 'individual, partnership, joint venture,. company, firm, cor- poration, 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.. Section 5. Square feet of floor space means the total area of enclosed floor space regard- less of use or location. SCOPE OF ORDINANCE Section. 11. LICENSE REQUIRED. It shall be unlawful for any person"to engage in business within the City or to conduct any shows, exhibitions, or, lawful games within the City and within one mile of the corporate limits thereof without complying with the terms of this ordinance,. Section 12. AUTHORITY. The provisions of this ordinance shall be deemed an exercise of the power of the City io license for regulation and revenue. GENERAL PROVISIONS Section 21. APPLICATION. Each applicant for a City license shall file an application with the City Clerk, together with the amount to be paid for such license, .and the City Clerk. shall issue.a receipt for the same. The City Clerk shall, at the next regular meeting of the City Council present the application to the said City Council, and if the application be approved by the. City Council, 'the City Clerk shall issue.the applicant a licens'e.. If the application be.not approved, the City Clerk shall return the amount of money received at the time the application was filed. All applications for licenses;, as herein provided for, shall be'in writing and signed by the applicant and shall give his residence and business address and .such other- information as may be required by the City Clerk. Section 22. TERM OF LICENSES. All licenses.shall be fora period of one year, unless otherwise provided herein, such license to begin January lst'of each year and terminate the following December 31st, and must be renewed annually in advance. Any license which is hereinafter required for any, business that 'may begin. operation on or after July 1st of any year shall.be one half (1/2) of the license fee, which shall entitle said licensees to operate within the City until December 31 of said year -.after which date said licensee shall pay the license fee for one (1) year in advance. Any and all licenses. issued for any -new business which shall begin operation after January 1st of any year, up to and including June 31st of any year, shall be regdred to pay the full license fee. Section 23. POSTING. The license shall be conspicuously posted in. each place of bizsiness and shall be produced for inspection -upon the request.of any authorized City official. Section 24. TRANSFER OF LICENSE. Licenses shall not be.transferrable. Section 25. REBATES. No rebates shall be paid if the licensee shall fail to ,operate the business for the full period of the license. Section 26. MULTIPLE BUSINESSES. 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. ordinance: required for any such businesses and no license fee shall be required for the other businesses there carried on. Section 27. REVOCATION OF LICENSE:`' The City Council of the City may at any time revoke or forfeit any license issued to any, applicant under this ordinance providing that such revocation or forfeiture, shall be for cause deemed by the City Council as detrimental' to the best interests of the safety and welfare of the City and the inhabitants .of the City and providing further .that before any such license shall be cancelled or revoked the holder of such, license shall be given two weeks' notice of a hearing to .be .held by the City Council at which timethe applicant must show cause why such license should not be revoked. The notice to be ,given the applicant must state the 'gr:ounds.,and the reasons for the for feiture and the revocation and also. the date set for the hearing thereon. License of any applicant can be revoked 'or forfeited only after such notice and hearing providing further that any determination of the City Council regarding the character of the acts of the appli- cant as detrimental to the City or to its inhabitants shall be deemed conclusive. Section 28. MAXIMUM FEE. No annual license fee shall exceed $100. 00 per year. Section 29.. OUTSIDE CORPORATE LIMITS. All shows, exhibitions and lawful games located within one mile of the corporate 'limits shall pay the same. fee that would be re- quired. if they are located within the. corporate limits of the.C.ityv Shows, exhibitions and lawful games include but are not.limited to the following: Billiard and pool halls, bowling alleys, circuses, professional boxing and wrestling exhibitions, shooting galleries, skating rinks, dance halls, tent.shows, theatres, and vaudeville and touring shows. Section 30. SQUARE FOOTAGE CHARGES. The first 3, 000 square feet of floor space is included in.the basic fee. The sum of $7. 50 shall be added for each additional 3, 000 square feet of floor space, or any fraction thereof. Section 31. RECIPROCITY. Provisions of this ordinance shall not apply to any person having an established business location in Kennewick or Richland providing: 1. The person does not have a business location in Pasco; and 2. The person pays a business license in Kennewick or Richland; and 3. The City of Kennewick or Richland grants like immunity to persons with an established business location in Pasco. PROVIDED FURTHER that this section shall not apply to businesses located in Kennewick or Richland having regular or 'established delivery routes in Pasco. FEES Section 41. APARTMENTS. Any person renting apartments to the public and who has four or more such units available shall pay $1. 00 per unit per year. Provided that, if a person owns or controls apartments and/or sleeping rooms, and/or commerc ial rentals, all units shall be added together in. computing the license fee. Section 42. AUCTION SALES. All auction sales shall pay $1.00. 00 per day, and all auctioneers conducting or crying any auction sale shall pay $25. 00 per day except this pro- vision 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; 3. Wholesale auctions and stockyard auctions, which will be required. to pay the regular license fee. Section 43. BANKS AND FINANCE, AGENCIES, All banks and finance agencies shall pay $75. 00 per year. Section 44. BOWLING ALLEYS, Bowling alleys shall pay annually $15. 00 for the first alley and $2. 50 for each additional alley. Section 45. CIRCUSES AND TENT SHOWS. Circuses and tent shows shall pay $50..00 per day. Section 46. COMMERCIAL RENTALS. Any person renting or subletting any type of property, unimproved or impxwed other than apartments and sleeping rooms, and who has four or more of such properties or units available shall pay $1. 00 per property or unit per year. Each separate tenant 'in a building or of a tract of land shall constitute a separate unitfor purposes of this ordinance. Section 47. DANCES. Any dance, or person giving or managing a dance, to which the general public is invited or admitted, whether a charge is made or not, shall pay a license fee of $3. 00 per hour per dance, for the Matronts fee. Section 48. DRAY AND TRANSFER.. All: persons engaged in the business of draying or transferring, or the moving of goods and commodities for hire, shall pair $15. 00 per year on the first truck or conveyance, 'and' $2. 00 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. Section 49. HOTELS, MOTELS, AND CABIN COURTS; All hotels, motels, and cabin courts, or places where rooms are kept for rent for the accomodation of the traveling public, whether rented by the day, by the week or month, shall pay $15. 00 per year plus $1. 00 for each rentable unit. Section 50. LIQUOR --DANCING. Any place serving beer, 'wine or other intoxicating liq- uor shall pay $50. 00 per year plus square footage charges. Any place serving beer, wine, or any other intoxicating liquor and providing dancing shall pay $.75. 00 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 $15. 00 per year plus square footage charges. Section 51. MORTUARIES. Mortuaries shall pay $25. 00 per year. Section 52: OUTSIDE BUSINESSES.. All persons not having a business location in the City but engaging in any busines's within the City shall pay $15. 00 per year. Out-of-town persons merely taking orders from any individual or' business in the City shall not be subject to this ordinance. Section 53. PROF:FESSIONAL BOXING: AND WRESTLING EXHIBITIONS. ` All persons staging professional boxing or wrestling matches shall pay $15. 00 per show. Section 54. SERVICE STATIONS. Service stations shall pay $1.5. 00 per year. This sec- tion shall not apply to places where motor vehicles are kept for sale or display. Section 55. SLEEPING ROOMS --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 $1. 00 per room' or -unit per year. Section 56. TELEGRAPH. Any person operating a telegraph office shall pay $50.-00 per year. Section 57. THEATRES. Theatr'e's and, moving picture shows shall pay $50. 00 per year. Section 58. USED CAR LOTS. Used car lots shall pay $15. 00 per year. Section 59. 'VAUDEVILLE,. AND TRAVELING SHOWS. Vaudeville and traveling shows shall pay $15. 00 per day. Section 6.0. ALL OTHER'BUSINESSES. All:other persons engaged•in.business shall pay $15. 00 per year plus square footage charges plus outside area charges of $15. 00 for every person having an outside area as defined in this ordinance. EXEMPTIONS Section 71. Non-profit organizations operating without private profit, either regularly or' temporarily, for a public, charitable, educational, 'literary, fraternal, or religious purpose shall not be required to obtain a license. This provision shall exempt only the non-profit organization but not person.s sponsored by non-profit organizations if any private profit whatever is derived from its operation. Section 72. The provisions of this ordinance shall not apply to card rooms licensed under Ordinance No. 394 and Pasco City Code Chapter 3-12. Section 73. The provisions of this ordinance shall not apply to carnivals and street shows 'Pas licensed under Ordinance No. 601 andco City Code Chapter 3 - 9 Section 74. The provisions of this ordinance shall not apply to electrical phonographs, pinball games or machines of skill or amusement licensed under Ordinance Nos. 965 and 973. Section 75. The provisions of this ordinance shall not apply to gas installers licensed under Ordinance No. 868 and Pasco City Code Chapter 5-15. Section 76. The provisions of this ordinance shall not apply to .mobile homes licensed under Ordinance No. 895 and Pasco City Code Chapter 7-8. Section 77. The provisions of this ordinance shall not apply to peddlers and solicitors licensed under Ordinance No. 741 and Pasco. City Code Chapter 3-8. Section. The provisions of this ordinance shall not apply to taxi cabs licensed under Ordinance Nos. 578 and 647 and Pasco City Code Chapter 3-3. Section 79. The provisions`of this ordinance shall not apply to utilities, other than telegraph utilities, licensed under Ordinance Nos. 478, 486 and 695 and Pasco City Code Chapter 3-16. Section 80. The provisions of this ordinance shall not apply to any punchboard ordinance hereafter enacted. ENFORCEMENT Section 91. LICENSES TO BE OBTAINED BY JANUARY 2. All persons engaged in busi- ness shall procure their license to operate for the year of 1960 by January 2, 1960 and on or before the 2nd,day of each and every January thereafter. Section 92. LATE PAYMENT FEE. A late payment fee of $10. 00 shall be added to each annual license not procured by March 1 of each and every year to help defray added administrative expenses. because of such late payment. Section 93. VIOLATION PENALTY. Any person violating any of the provisions of this ordinance, ' or operating any business within the City without first -having procured a license as herein provided, shall he guilty of 'a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than $3.00. 00, or by imprisonment for not more than 90 days, or by both such fine and imprisonment. Section 94. COLLECTION 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. r t MISCELLANEOUS Section 10; REPEAL. Ordinance No. 735 and Pasco City Code Chapters 3-1 and 3-2, as they now exist, and all ordinances or parts of ordinances in conflict herewith. are. hereby repealed. Section 102. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid.or. unconstitutional by any court of competent jurisdiction, such portion shall bedeemed a separate, distinct and independ ent provision and such holding shall not affect the validity of the remaining portions hereof. Section 103. EFFECTIVE DATE... This ordinance shall be in full force and, effect after its passage and publicati;on'as required by law. PASSED by the City Council and APPROVED by the Mayor this /Say of December, 1959. _. .. MAYOR ATTEST: City Clerk APPROVED A T© FF -Mel City Attorney PUBLICATION: p .