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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