HomeMy WebLinkAbout1269 Ordinancec
ORDINANCE NO. 1269
AN ORDINANCE AMENDING SECTION 41 OF ORDINANCE
No. 990, PASCO CITY CODE 3-1.90, RELATING TO
BUSINESS LICENSES FOR APARTMENTS AND BEING AN
ORDINANCE LICENSING THE BUSINESS ACTIVITIES CAR-
RIED ON IN THE CITY OF PASCO. . .
THE CITY COUNCIL OF. THE CITY OF PASCO DO ORDAIN AS FOLLOWS:
Section 1. Section 41 of Ordinance 990, Pasco City Code 3-1. 90,
are hereby amended to read as follows:
"Section 41. Apartments - - Fees. Any person renting apart-
ments to the public and who has four or more such units avail-
able shall pay one dollar 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 computing the license fee. Any person renting apartments
to the public and who has less than four units available shall
be required to obtain a permit without fee from the City of
Pasco Building Inspector, which shall be issued for each calendar
year.
Before any license or permit is issued hereunder the person
requesting the license or permit shall cause the rental premises
to be inspected by the City Building Inspector to determine
if said premises comply with Chapter 5, Section H-503, Section
H.- 504,, and Section H-505; and Chapter 10 Section H-1001 of the
Uniform Housing Code, 1964 edition as it now exists or is here-
after amended, modified, changed or added to.
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 as provided by law
this 21 day of February, 1967.
G. E. CARTER, MAYOR
Attest:
RUTH MODESKY, City Cl,6rk
Approved as to form:
b. WAYNE AMPBELL, ity Attorney
ORD I N A N C E NNo. 990
AN ORDINANCE LICENSING THE BUSINESS ACT1ViT1ES.IrARRItD
ON 1N 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`; 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.
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, benef -it, or advantage, directly or' i nd i'r'ect,ly .' E'ach business location
shall be deemed .a se.p_er.ate business 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. Those engaged in the
practice of a profession will be treated as any other person.
Section 5• Square feet of floor space means the tAtalarea 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 tusiness 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.
applicatior 0to 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, uniess 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' -z) of the license fee, which shall entitle said licensee to
operate within the City until December 31 of said year Sfter which date said
licensee shall pay the license fee for one(]) 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 ir:c:uuin, June 31st. of any year, shall
be required to pay the full license fee.
Section 23. POS'T'ING. 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 ai any businesses for
which a license is -required is carried on by the same person .in the same
location, then stich 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-
ihance 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 shoals, 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
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 bus-
iness location in Pasco.
PROViDED-FURTHER that this section shall not apply to businesses located in
Kennewick or Richland having regular or established delivery toutes in Pasco... -
FEE S
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 commercial rentals, all units shall be -.added together.in
computing the license fee.
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 except 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:
3.
.Whp1Ps .�P �IctiCr+o oral cta?C l•)•o.! cie^t io,-.S, ...•l•lch v,, be req -t c t0
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 al:e�rs 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 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 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 Matron's
fee.
Section 48. DRAY AND TRANSFER, Alf persons engaged in the business of
draying or transferring, or the moving of goods and commodities. for hire,
,:hall pay $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,fot the accomodation of
the traveling public, whether rehted by the day, by,the week or month, shall
pay $15.00 per year plus $1.00 fbr` each rentable unit.
Section 50. LIQUOR --DANCING. Any place serving beer, wine or other int-
oxicating liquor shall pay $50.00 pet year plus square foniage 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 engagingin any business 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. PROFFESSIONAL BOXING AND WRESTLING EXHIBITIONS. All persons
staging -professional boxing orwrestling matches shall pay $15.00 per show.
Section 54. SERVICE STATIONS. Service stations shall pay $15.00 per year.
This section 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 ana 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
hhall 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 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 persons sponsored byrron-profit orf§anizations 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 ordinance shall not apply to gas installers
licensed under Ordinance No. 868 and pa -,co 1-ity 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.
r
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--PENALYY. 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 couFt 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
effect after its passage and pujlication as required by law.
PASSED by the City Council and APPROVED by the Mayor this 15TH.
day of December, 1959•
ATTEST:
/s/ Adah M. Perry
City Clerk
APPROVED AS TO FORM:
/s/ Richard G. Patrick
City Attorney
PUBLICATiON:__Jan. 4, 1960
/s/ Raymond Hicks
MAYOR
T
CITY CLERK FEBRUARY 23, 1967
City Building Inspectors
City Hall
Pasco, Washington
Attn: Henry Crust
James McCurry
Gentlemen:
We are handing you herewith, one (1) copy of Ordinance
No. 1269 (Permits for Apartments) for your perusal.
RM:ew
Enc: (1)
Sincerely yours,
Ruth Modesky
City Clerk