HomeMy WebLinkAbout1192 OrdinanceORDINANCE NO. 1192
AN ORDINANCE AMENDING SECTION 42 OF ORDINANCE
NO. 990 AND PASCO CITY CODE 3-1.94 RELATING TO
LICENSE FEE REQUIREMENTS FOR AUCTION SALE AND
BEING AN ORDINANCE LICENSING THE BUSINESS ACTIVI-
TIES 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
CORPORATED LIMITS THEREOF PROVIDING PENALTIES
FOR VIOLATIONS.
THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN
AS FOLLOWS:
Section 1. Section 42 of Ordinance No. 990 and Pasco City Code
3-1. 94 are hereby amended to read as follows:
"Section 42. AUCTION SALES. All auction sales shall
pay $100. 00 per day, and all auctioneers conducting or
crying any auction sale shall pay $25. 00 per day. Pro-
vided, however, that the fee requirements of this section
shall not be applicable to persons, firms, or corporations
having established places of business in the City of Pasco
and having valid business licenses issued by the City of
Pasco, who wish to hold an auction for the purpose of
disposing of excess inventory, damaged goods, or for
promotion, but 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
goods to be auctioned and reason (s) for conducting said
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 re-
quired 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. Wholesale auctions and stockyard auctions, which will be
required to pay the regular license fee. "
- 1 -
Section 2. This Ordinance shall be in full force and effect after
its passage and publication as required by law.
PASSED by the City Council and APPROVED by the Mayor this
day of June, 1965.
ATTEST:
APPROVED AS TO FORM:
�l•
CITY ATTORNEY
PUBLICATION:
- 2 -
MAYOR
IModern Machinery Co., Inc.
E. 4412 TRENT AVE. KE 5-1654 SPOKANE 6, WASH.
F 4
- DON ALWAY - PASCO - 547-7198
6 D INANCENNo. 996
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 CORPORATED L11ITS 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 PART OF ORDINANCES
IN CONFLICT HEREWITH.
TIME 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, benef -it, or advantage, directly or' i nd'i'r'ect.l:y.' Each business location
shall be deemed .a seier.ate buginess except seperate locations for storage only.
Section 2. City means City of Pasco, Washington.
Section 3. Outside area means unenclosed areas used for selling, display,
or storage.
Section 4. 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. Whose engaged in the
practice of a profession will be treated as any other person.
Section 5. Square feet of floor space means the totalarea of enclosed
floor space regardless of use or location.
SCOPE OF ORDINANCE
Section 11.LiCENSE REQUIRED. It shall be unlawful for any person to engage
in Eusiness 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 to 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 license.
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 for a period of one
year, unless otherwise provided herein; such license to begin January 1st.
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 (2) of the license fee, which shall entitle said licenS.ee to
operate within the City until December 31 of said year 5fter which date said
licensee shall pay the license fee for one(l) 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 inc:4linG June 31st. of any year, shall
be required to pay the full license fee.
Section 23. POSTING. The license shall be conspicuously posted in each
place of business and shall be produced for inspection upon the request of
authorized City official.
Section 24. TRANSFER OF LICENSE. Licenses shall not be transferrable.
Section 25. REBATES. No rebated 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 businesses for
which a license is•required is carfied 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 ord-
inance 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 time the applicant must show cause why such lic-
ense should not be revoked.
The notice to be given the applicant must state the grounds and the reasons
for theforfgiture 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 applicant as det-
rimental to the City or to its inhabitants shall be deemed conclusive.
Section 28. MAXIMUM FEE. No annual license fee shallexceed $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 required if they are located within the corporate limits of the
City. Shows, exhibitions and lawful games include but are not limited to
the following: Billiard and pool halls, bowling alleys, circuses, pro-
fessional 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
he sum of $7.50 shall be added for each
space is included in the basic fee. T
additional 3,000 square feet of floor space, or any fraction thereof.
Section 31a RECIPROCIrl. 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 t.icensetn..Kennewic k
or Richland; and
3. The City of Kennewick pr -Richland grants 1 i-ke
immunity to persons with an establ=shed bus-
iness location in Pasco.
PROVIDED FUFirH.ER that this section shall not apply to businesses -located in
Kennewick or Richland having regular or established delivery Coutes in Pasco,...
FEES
Section 41, APARTMENTS. Any -person renting apa-rtments to the pub Iic- 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 commercial rentals, all units shall be. added together .in
computi-ng the license fee.
Section 42. AUC.TION,SALES. All auction -sales shall pay $100.00 per day, and
all auctioneers conducting or crying any auction sale shall pay $25.00 per
clay except this provision shall not.apply .in the following cases:
1, judicial sales held pursuant to an order of the court, or
2 Non-judic.lal sales held under the authority of and pursuant. to a federal
or state statute:
3.
�aiflrl�P_Sa1P a{lc:ttf�eso oral cta�C�<ya.d l�lCtjdr.$,•..,1.:zh t,!ti be re"I 7ra-t{ tv
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 shall pay .annually $15.00 for
the first alley and $2.5.0 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 improved other than apartments and sleeping tooms,
and who has four or more of such properties or units available shall pay
$1.00 per property or unit per year. Each seperate tenant in a building
or of a tract of land shall constitute a seperate unit for purposes of this
ordinance.
Section 47. DANCES. Any dance; or person giving or managing a dbhce, 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 Matron's
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 pay $15.06 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. .Ali 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 int-
oxicating liquor -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. Lf�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 butengagingin any business within the i;itiy 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. PROFFESSIONAL DOXING.AND WRESTLING EXHIBITIONS. All persons
stagng^professional bog,ing orwrestling matches shall pay $15a00,per show.
Section 54. SERVICE STATIONS. Service stations shall pay $15.Ob per year.
This section shall not apply to places where motor vehicles are kept for
sale .or display,
Section 55• SLEEPING ROOMS- ROOMING NdUSF5, Any person renting sleeping
rooms by the month or week only and not by the day 6e 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. Theatres 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
Mail pay $15.00 per day.
Section 60. 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 wiEbhout 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 persons sponsored by nan-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 ordiance shall not apply to carnivals
and street shows licensed under Ordinance No. 601 and Pasco 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 provision of this ordnance 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 license under Ordinance No. 741 and Pasco City Code Chapter 3-8.
Section 78. 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 utilites, 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
business 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 be guilty of a misdemeanor,
and upon conviction thereof, shall be punished by a fine of not more than
$300.00 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.
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 un-
constitutional by any caugt of competent jurisdiction,such portion shall be
deemed a seperate, distinct and independent 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
affect after its passage and p#j4lication as required by law.
PASSED by the City Council and APPROVED by the Mayor this 151H.
day of December, 1959•
FTEST:
/s/ Adah M. Perry
City Clerk
APPROVED AS TO FORM:
/s/ Richard G. Patrick
City Attorney
PUBLICATION: Jan. 4, 1960
4
/s/ Raymond Hicks
MAYOR