Loading...
HomeMy WebLinkAbout2675 OrdinanceORDINANCE NO. 2675 AN ORDINANCE concerning business licenses generally and amending Chapter 5.04 of the Pasco Municipal Code. THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Chapter 5.04 of the Pasco Municipal code is hereby amended as set forth below. Additions to the Chapter are shown by underlining and language that has been deleted is shown by interlineation. 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. 5.04.110 Revocation of license. 5.04.120 Maximum fee. 5.04.140 Square footage charges. 5.04.160 Fees. 5.04.170 Exemptions. 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. -1- 4 n,-, 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 or period of time. -fel} (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. i-e} (f) "Square feet of floor space" means the total area of enclosed floor space regardless of use or location. (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 comply±mg with the terms requirements of this chapter. (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 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 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- 4 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. (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. 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. 5.04.057 DUTIES OF LICENSEE. Every applicant/licensee under this chapter shall: (a) Ascertain and at all time 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 acivity to the police) and -3- requested in writing by the City Manager or his designee. 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 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 year shaii--15e-ere-helf-e€ the-i±eense-fee7-w1t±e1't-sha1l entitle the licensees(s) to operate within the city until December 31st of the year after which date the license is issued by the city unless revoked pursuant to section 5.04.110. I±eesse she advamee7 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 feeT,but only one-half the license fee if operations begin after June 30th. (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-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 businesses and no license fee shall be required for -4- 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, 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. 6. When issued through mistake or inadvertance. 7. When the license application contains false or misleading statements, evasions or suppression of material facts. (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. -5- (C) 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 license 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 immediately revoke the license of any business for any of the grounds set forth in subsection (A) set forth above, 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. (D) The decision of the City Council to revoke a business license 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. (Ord. 2569 Sec 1, 1985; prior code Sec. 3-1.64). 5.04.120 MAXIMUM FEE. No annual license fee shall exceed two hundred twenty-five dollars per year. (Ord. 2223 Sec. 1, 1980: Ord. 1907 Sec. 1, 1977: Ord. 1403 Sec. 1, 1969: prior code Sec. 3-1.68). 5.04.140 SQUARE FOOTAGE CHARGES. The first three thousand square feet of floor space is included in the basic fee. The sum of sixteen dollars and ninety cents shall be added for any fraction thereof. (Ord. 2223 Sec. 2, 1980: Ord. 1907 Sec. 2, 1977: Ord. 1403 Sec. 2, 1969: prior code Sec. 3-1.76). 5.04.160 FEES. (a) Apartments. Any person renting apartments to the public and who has four or more such units available shall pay two dollars and twenty-five cents 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. (b) Auction Sales. All auction sales shall pay two hundred twenty-five dollars per day and all auctioneers conducting or crying any sale shall pay fifty-six dollars and twenty-five cents per day. 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(s) 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) Nonjudicial 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; or -7- (4) Those auctions having a permanently established place of business within the city; maintaining regular business hours; and open to the general public on a regular basis of five or more days each week which will be required to pay the regular license fee. (c) Banks and Finance Agencies. All banks and finance agencies shall pay one hundred sixty-eight dollars and seventy-five cents per year. Each branch shall be construed to be a separate bank for purposes of this chapter. (d) Bowling Alleys. Bowling alleys shall pay annually thirty-three dollars and seventy-five cents for the first alley and five dollars and sixty-five cents 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 four or more such properties or units available shall pay thirty-three dollars and seventy-five cents plus two dollars and twenty-five cents 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-three dollars and seventy-five cents per year on the first truck or conveyance, and four dollars and fifty cents 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-three dollars and seventy-five cents per year plus two dollars and twenty-five cents for each rentable unit. -8- (h) Liquor Sales With and Without Dancing. Any place serving beer, wine or other intoxicating liquor shall pay one hundred twelve dollars and fifty cents per year, plus square footage charges. Any place serving beer, wine or any other intoxicating liquor and providing dancing shall pay one hundred sixty-eight dollars and seventy-five cents 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 thirty-three dollars and seventy-five cents per year, plus square footage charges. (1) Mortuaries. Mortuaries shall pay fifty-six dollars and twenty-five cents per year. (3) 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 dollars and seventy-five cents per year. (k) Professional Boxing and Wrestling Exhibition. All persons staging professional boxing or wrestling matches shall pay thirty-three dollars and seventy-five cents per show. (1) Service Stations. Service stations shall pay thirty-three dollars and seventy-five cents per year. This subsection shall not apply to places where motor vehicles are kept for sale or display. (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 and twenty-five cents per room or unit per year. (n) Theaters and Moving Picture Shows. Theaters and moving picture shows shall pay one hundred twelve dollars and fifty cents per year. (o) Used Car Lots. Used car lots shall pay thirty-three dollars and seventy-five cents per year. (p) Vaudeville and Traveling Shows. Vaudeville and traveling shows shall pay thirty-three dollars and seventy-five cents per day. -9- (q) All Other Businesses. All other persons engaged in business shall pay thirty-three dollars and seventy-five cents per year, plus square footage charges, plus outside area charges of thirty-three dollars and seventy-five cents for every person having an outside area as defined in this chapter. (Ord. 2223 Sec. 4, 1980: Ord. 1907 Sec. 3, 1977: Ord. 1403 Sec. Sec. 3-22, 1969: Ord. 1269 Sec. 1, 1967: prior code Sec. 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 non profit 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. (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. The provisions of this chapter shall not apply to taxicabs licensed under Chapter 5.44. -10- (1) Utilities. The provisions of this chapter shall not apply to utilities, other than telegraph utilities, licensed under Chapter 5.32. (3) Punchboards. The provisions of this chapter shall not apply to punchboards or trade stimulators. (k) Arcade or Similar Businesses or Entertainment Machines. The provisions of this chapter shall not apply to any aracade or similar business or entertainment machines licensed under Chapter 5.64. (Ord. 1907 Sec. 4, 1977: prior code Sec. Sec. 3-1.170 - 3-1.206). 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. (Ord. 1907 Sec. 5, 1977: prior code Sec. 3-1.220). 5.04.190 LATE PAYMENT FEE. A late payment fee of fifteen 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). 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) Notwithstanding any other provision of this code and except as provided in (b) below, Seet±em-17017138 hereef7 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. 2475 Sec. 1, 1983). , Mayor Pro Tern A. ATTES : APP 0 ED AS 0 FORM: WE LS, City Clerk GREG A 'UBSTELLO, City Attorney (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. Section 2. This Ordinance shall take effect five (5) days after passage and publication. PASSED by t e Pasco City Council and APPROVED by the Mayor this / day of , 1988. 99302-2608 TIMES 001 i- Tag lierald P0 BOX 2608 PASCO, WASHINGTON (509) 582-1500 LEGAL ADVERTISING INVOICE SOLD TO City of Pasco P.O Box 293 Pasco, WA 99301 DATE 2/5/88 LEGAL NO 006125 ACCOUNT NO 50550 DESCRIPTION Ordinance No. 2675 LINES 719 40 TOTAL $ $523 72 nr eadable Original I Notary public in and for the State of Wash- ington, residing at Kennewick COMMISSION EXPIRES 7-/S fr NOTICE This is an invoice for legal advertising space Please pay from this invoice as no statement will be rendered Please detach at perforation and return with payment 1_ , — ---. ........... r fivevo in, tvonpront Organizathins Ncinproaci lest the ganizalons operating without private profit either regularly or tempo- I (Prior rarity, for a public charitable educational literary fraternal or religious purpose shall apply for a no fee business license and conduct .ions of activities only after the no fee business license has been issued This 4y to le provision shall exempt only the nonprofit organization but not persons sponsored by nonprofit organizations if any private profit whatever is or a II derived from Its operation Any business conducted where only a part )n shall of the proceeds go to a non profit organization is not exempt from a licant's business license fee (Ord 2619 Sec 1, 1986) mation (b) Card Rooms The provisions of this chapter shall not apply to ise fee, card rooms as and (c) Carnivals and Street Shows The provisions of this chapter shall . 1970 not apply to carnivals and street shows licensed under Chapter 5 16 (d) Juke Boxes Pinball Amusement Games and Machines The i ) Inks, - provisions of this chapter shall not apply to electrical phonographs I ado on Chapter 5 20 'risible pinball games or machines of skill or amusement licensed under he ap- (e) Gas Installers The provisions of this chapter shall not apply to , reason gas installers licensed under Chapter 18 12 tonally (0 Mobile Homes The provisions of this chapter shall not apply to torrect mobile homes licensed under Chapter 19 12 (g) Peddlers and Solicitors The provisions of this chapter shall not stness apply to peddlers and solicitors licensed under Chapter 5 08 % quire. (h) Taxicabs The provisions of this chapter shall not apply to taxi. Lae Is- cabs licensed under Chapter 5 44 it (0 Utilities The provisions of this chapter shall not apply to utilities, ; ENSE other than telegraph utilities, licensed under Chapter 5 32 i corn- punchboards or trade stimulators doing (I) Punchboards The provisions of this chapter shall, not apply to t rem (k) Arcade or Similar Businesses or Entertainment Machines The I provisions of this chapter shall not apply to any arcade or similar busl- . under nese or entertainment machines licensed under Chapter § 64 (Ord 1807 Sec 4, 1977 prior code Sec Sec 3-1 170 3-1 206) atione 504 180 LICENSES TO BE OBTAINED BY FIRST REGULAR pUSINESS DAY OF JANUARY All persons engaged in business shall Mac- rocure their license to operate on or befor the first regular businetts tines. Sec 3-1 220) day of each and every January (Ord 1907 Sec 5, 1877 prior code ; ., , lealth, 5 04 190 LATE PAYMENT FEE A late payment fee of fifteen dollars I 4 pre- all be added to each annual license not procured by March 1st of , 'talon, ach and every year to help defray added administrative expenses be- i _ sinews ause of such late payment (Ord 2223 Sec ' 5, 1980 prior code Sec t lowed 3-1 224) ,t , I 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 Ju- " ant fees that are ue and payable Prior code Se 3-1 232) rpose of collo any license fees and late pay- 5 04 210 CODE FRACTION CIVIL PENALTY (a) Notwithstand- 'Mon of this code and except as provided In (b) tit De- 8elow, —Section-1 01 1 30-hereof —any person violating any of the pro- f iy the talons or failing to comply with any of the requirements of this chap- 5 II pay er shall upon a finding that the act or omission has been committted. 4 ssued hall be punished by a fine of not more than three hundred fifty dollars, U 1st of nd shall be guilty of a code infraction Each person is guilty of a saps ci luired ate code infraction for each and every date during any portion of LI para. hich any violation of any provision of this chapter is committed con- N tinued or permitted by such person and shall be punished as afores-,nspi. tated (Ord 2475 Sec 1 1983) for in- (b) Any person who engages In any business within the city as I 1 code required by Section 5 04 020 without a license after the license for i the business Is revoked under section 5 04 110 Is guilty of a crime $ ulster 1 01 130 of this code visa nd subject to the penalties of fine and/or jail set forth In section IN lance Section 2 This Ordinance shall take effect five (5) days after pas- J V shall sage and publication 'us 1970 PASSED by the Pasco City Council and APPROVED by the Mayor this 1 day of February 1988 ea .181 s- E A Snider, Mayor Pro .rir/1 011 ATTEST -s- Evelyn Wells City Clerk APPROVED AT TO FORM s Greg A Rubstelio City Attorney eN LEGAL NO 006125. February 5, 1988 I l$ i ow 30IM rionoo rlod of n J _ it, and newel- laid If of the FEE ailed '2 del .11sfaU qteci L E muveune 9ZZZ-LP9 S92$ pegs JO1S sidde lie 1.366 -Z89 OAUI 010111 DV DMA 101 40 oosed Jo) neo Ltteq de a Bi mpi. 'us e "unotO VV °lamming 6th3ueun nrinsT AFFIDAVIT OF PUBLICATION COUNTY OF BENTON ss STATE OF WASHINGTON Tracy Lawson , being duly sworn, deposes and says, I am the Legal Clerk of the Tr-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published countinually as a daily newspa- per in Benton County, Washirgyg That the attached is a true Or d inanc e No copy of a as it was printed in the regular and entire issue %fee Tr-City Herald itself and not in a supplement thereof, time(s), commencing on 2/5/88 , and ending on 2/5/88 , and that said newspaper was regulary distributed to its subscribers during all of this period Cs.46e4.4-1( SUBSCRIBED AND SWORN BEFORE ME THIS8th DAY OF Febuary 1988 February 1, 1988 Tri City Herald P.O. Box 2608 Pasco, Washington 99302 Gentlemen: Please publish Ordinance No. 2675 on the following date: February 5, 1988 Please send two (2) Affidavits of Publication. Sincerely yours, Evelyn Wells City Clerk ew