HomeMy WebLinkAbout4372 Ordinance ORDINANCE NO. `7' 1
AN ORDINANCE of the City of Pasco, Washington
amending PMC Title 5 "Business Licenses and Regulations"
providing for participation in the Washington State Business
License Service; and amending PMC Section 3.07 "Business
Licenses"
WHEREAS, in 2017, the Washington State legislature passed the Business License Bill
requiring cities with general business license requirements to participate in a Statewide platform
for applications and renewals; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
participate in the Washington State Business License Service (BLS) providing "one-stop
shopping" for business license applications for both State business licenses and local business
licenses; and
WHEREAS, adoption of this system would require a significant change in the basis for
calculating business licenses within the City, and having determined that utilizing a flat base fee
plus a fee based upon the number of full-time equivalent employees provides a consistent and
equitable means for assessing a business license fee compatible with the BLS platform, and
determining that such is in the best interest of the citizens of the City of Pasco. NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 5.04.010 of the Pasco Municipal Code entitled "Definitions"
shall be and hereby is amended and shall read as follows:
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. For the purpose of this Chapter, a business shall not include any qualifying religious,
political, charitable or nonprofit activity, however, the same shall be subject to the provisions of
Chapter 5.07 of this title. Each business location within the City of Pasco shall be deemed a
separate business for the purpose of requiring a business license except those additional business
locations within the City which provide ancillary services to the primary business activity, but do
not provide direct sale of services or products including,but not limited to, facilities utilized only
for storage,product preparation, maintenance or training.
B) "Business Licensing Service" or "BLS" means the office within the Washington
State Department of Revenue that administers the application and renewal of the City's General
Business Licenses.
Ordinance Amending Title 5 - 1
BC) "City" means City of Pasco, Washington.
D) "Employee"means any person who performs work, labor,or services for a business
and is on the business payroll. The term "employee" also includes self-employed persons, sole
proprietors, owners, managers,partners, and all full-time,part-time, and temporary employees on
the business payroll.
GE) "Licensee" shall include the applicant(s)for a business license or the holder thereof
for any use of period of time.
DF) "Outside area" means unenclosed areas used for selling, display, or storage.
BG) "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.
F) "Square feet of floor space" means the total area of enclosed floor space regardless
- - . - . . . . . Ord. 3647 Sec.1, 2003; Ord. 3569 Sec. 1, 2002; Ord. 2675 Sec. 1,
1988; prior code Sec. 3- 1.04
Section 2. That Section 5.04.020 of the Pasco Municipal Code entitled "License
Required" shall be and hereby is amended and shall read as follows:
5.04.020 LICENSE REQUIRED.
A) 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 holding a license issued by the
City and complying with the requirements of this chapter. If more than one business is conducted
on a single premise, a separate license is required for each specific business conducted, operated,
engaged in or practiced. If a business is conducted by the same owner, but from more than one
premise in the City, a separate license shall be required for each premise within the City. (Ord.
2675 Sec. 1, 1988; Ord. 2261 Sec. 1, 1981; prior code Sec. 3-1.30.)
B) Each application for licensure must be submitted with all required information and
accompanied by all fees due. Applications submitted incomplete and remaining incomplete for
120 or more days will be withdrawn.
C) Business licenses issued under this Chapter are effective upon approval and must
be renewed annually on or before the expiration date of the license in order to continue business
after the expiration date.
D) Businesses required to obtain a license must do so prior to engaging in or
conducting business within the City.
Section 3. That Section 5.04.025 of the Pasco Municipal Code entitled"Procedure for
Issuance of License" shall be and hereby is created and shall read as follows:
Ordinance Amending Title 5 -2
5.04.025 PROCEDURE FOR ISSUANCE OF LICENSE.
A) Every person required to procure a license under this Chapter must submit a
complete Business License Application to the Business Licensing Service. In the case of licenses
regulated through other Chapters of this Title, the application must be submitted directly to the
City on the appropriate form or in the manner provided by the City, and provide all information
and fees required by the City.
1) Unless otherwise provided, a complete application must be approved or
disapproved by the City within fifteen(15)working days of receipt by the City.
B) Renewal License Procedure. The licensee must submit a complete renewal
application to the Business Licensing Service and provide all information and pay all fees due. In
the case of licenses regulated under other Chapters of this Title, the renewal must be submitted
directly to the City on forms or in the manner provided by the City, and must provide all
information and fees required by the City. The renewal application must provide information
concerning the applicant's business during the preceding licensing period reasonably necessary to
determine his eligibility for a renewal license and the computation of license fees.
C) Duplicate License Procedure. To receive a replacement license that was issued
under this Chapter, the licensee must contact the Business Licensing Service. For licenses issued
under other Chapters of this Title,the licensee must ask the City for a duplicate license. Duplicate
licenses issued through the City will be issued for amount indicated in the fee schedule in PMC
3.07.010.
D) License Changes.When a licensee must update the business license account record
created under this Chapter, or intends to change the physical place of business, the adjustment
must be made through the Business Licensing Service. For a change of physical location, a new
Business License Application may need to be submitted to the Business Licensing Service.,
providing the appropriate information and payment of fees due. The change will be referred to the
City for review and re-approval before a new license will be issued.For licenses issued under other
Chapters of this Title, the requested adjustment or change must be submitted directly to the City
in the manner provided by the City, along with any information and fees required for the change.
E) Disapproval of License. When the issuance of a license is denied and any action is
instituted to compel its issuance,the applicant may not engage in the activity for which the license
was refused while the matter is being reviewed, and until a license is issued.
Section 4. That Section 5.04.050 of the Pasco Municipal Code entitled "Application
for License" shall be and hereby is amended and shall read as follows:
5.04.050 APPLICATION FOR LICENSE. Each applicant for a license shall file an
application through Business Licensing Service (excluding Rental License, Solicitors, For-Hire
Drivers, Special Events, and non-profit organizations including occupancy registration, which
shall be licensed directly through the City).with the Cit.,C'erk • •• = -
Ordinance Amending Title 5 - 3
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
shalom the license shall be issued. (Ord. 1447 Sec. 1, 1970: prior code Sec. 3-1.40.)
Section 5. That Section 5.04.052 of the Pasco Municipal Code entitled"Responsibility
of Applicant/License" shall be and hereby is amended and shall read as follows:
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-C—itt,the applicant licensee is personally responsible to file-an-amended
update and manage their
business information changes with the Business Licensing Service. (Ord. 2675 Sec. 1, 1988.)
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 submitted under this Chapter.
(Ord. 2675 Sec. 1, 1988.)
Section 6. That Section 5.04.055 of the Pasco Municipal Code entitled "Agents
Responsible for Obtaining License" shall be and hereby is amended and shall read as follows:
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 with this Chapter of their principals and of the businesses they
represent with-this-chapter. (Ord. 2675 Sec. 1, 1988.)
Section 7. That Section 5.04.057 of the Pasco Municipal Code entitled "Duties of
Licensee" shall be and hereby is amended and shall read as follows:
5.04.057 DUTIES OF LICENSEE. Every applicant/licensee regulated under this
chapter must:
A) Ascertain and at all times 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
Ordinance Amending Title 5 -4
troublemakers from the business premises,reporting criminal activity to the police) and requested
in writing by the City Manager or his designee. (Ord. 2675 Sec. 1, 1988.)
Section 8. That Section 5.04.060 of the Pasco Municipal Code entitled "Term of
Licenses" shall be and hereby is amended and shall read as follows:
5.04.060 TERM OF LICENSES. Business licenses issued under this Title are
effective upon approval, and must be renewed through the Washington State Business License
Service annually,on or before the expiration date of the license,in order to continue doing business
within the City after the expiration date. All licenses shall be for a period of one year, unless
otherwise provided herein - • ' - - - ; _•- . • -. - • -
following December 31st, and must be renewed annually on the first regular business day of
January, but in no case later than the last regular working day of February each year. Any license
which is hereinafter required for any year shall entitle the licensee(s) to operate within the City
until December 31st of the year in which the license is issued by the City unless revoked pursuant
I, . • -- - - -
after January 1st of any year, up to and including June 30th of any year, shall be required to pay
the full license fee, but only one half the license fee if operations begin after June 30th. (Ord.
3394 Sec. 1, 1999; Ord. 2675 Sec. 1, 1988; Prior code Sec. 3-1.44.)
Section 9. That Section 5.04.080 of the Pasco Municipal Code entitled "Transfers"
shall be and hereby is repealed in its entirety.
Section 10. That Section 5.04.090 of the Pasco Municipal Code entitled"Rebates not to
be Paid" shall be and hereby is amended and shall read as follows:
5.04.090 REBATES REFUNDS NOT TO BE PAID. No des refunds shall be
paid made if the licensee shall fail to operate the business for the full period of the license. (Prior
code Sec. 3-1.56.)
Section 11. That Section 5.04.115 of the Pasco Municipal Code entitled"Reinstatement
Procedures and Standards for Reviewing an Application for Reinstatement"shall be and hereby is
amended and shall read as follows:
5.04.115 REINSTATEMENT PROCEDURES AND STANDARDS FOR
REVIEWING AN APPLICATION FOR REINSTATEMENT.
A) Procedures. At any time following the minimum time period for revocation of a
business license and/or business licensing privilege set forth by the Hearing Examiner in their
decision to revoke a license and/or business licensing privilege,reinstatement of the license and/or
licensing privilege may be sought utilizing the following procedures:
1) A written An application slbe-sempleted must be submitted through the
Business License Service as provided in this Chapter; or in the case of licenses regulated
under other Chapters of this Title, an application must be submitted to the City in a manner
provided by on a form available from the City Clerk.
Ordinance Amending Title 5 - 5
2) When the complete The application is received by the City, • n
completed,shall-be it must be filed with the City, with a copy to the City Attorney and the
City Manager.
3) The Hearing Examiner shall set a public hearing date with at least two (2)
weeks'notice to the applicant to consider the application for reinstatement.
4) The public hearing shall be advertised by the City Clerk in a newspaper of
general circulation in the City of Pasco at least once and at least five (5) days prior to the
public hearing.
5) At the public hearing the Hearing Examiner receive testimony from the
applicant, City Staff and interested members of the public.
6) Upon conclusion of the public hearing the Hearing Examiner shall decide
whether to approve the application for reinstatement with or without conditions,or to deny
the application for reinstatement.
7) All approvals or denials of an application shall be supported by written
findings of fact.
B) Standards for Review. In making their determination on an application for
reinstatement of a business license and/or the business licensing privilege, the Hearing Examiner
shall consider all relevant factors brought to their attention, which shall include:
1) The time since the revocation action was taken;
2) The degree of applicant's culpability and the conduct leading to the
revocation and the criminal nature of the conduct, if applicable;
3) The effect on the community of the conduct leading to the revocation of the
licensing privilege and any lingering effects still experienced by the community;
4) The steps taken by the applicant to reform him/herself or insure that if
placed in a similar business ownership position, he/she would not revert to the prior
conduct which lead to the revocation of his/her license and/or business licensing privilege;
and
5) Any additional means by which the applicant can demonstrate to the
Hearing Examiner that if allowed a new business license,the prior wrongful conduct would
not reoccur. (Ord. 4347, 2017; Ord. 3394 Sec. 1, 1999; Ord. 2922 Sec. 2, 1993.)
Section 12. That Section 5.04.120 of the Pasco Municipal Code entitled "Maximum
Fee" shall be and hereby is repealed in its entirety.
Ordinance Amending Title 5 - 6
Section 13. That Section 5.04.130 of the Pasco Municipal Code entitled "Base Fee"
shall be and hereby is repealed in its entirety.
Section 14. That Section 5.04.140 of the Pasco Municipal Code entitled "Square
Footage Charges" shall be and hereby is repealed in its entirety.
Section 15. That Section 5.04.150 of the Pasco Municipal Code entitled "Outside Area
Charges" shall be and hereby is repealed in its entirety.
Section 16. That Section 5.04.160 of the Pasco Municipal Code entitled"Fees"shall be
and hereby is amended and shall read as follows:
5.04.160 FEES. An annual license fee as set fer in Chapter 3.07 of this code shall
apply for the f l owing to all business categories (excluding Rental License, Solicitors, For-Hire
Drivers, Special Events, and non-profit organizations, including occupancy registration). In
addition to the annual license fee, there will be a fee for each employee:
A) The number of employees is determined by adding the total number of hours
worked by all employees within the City limits of Pasco during the twelve (12) month period
immediately preceding the year for which the license fee is payable, divided by one thousand nine
hundred twenty(1,920),the annual,per person full time work hour figure used by the Washington
State Department of Labor and Industries. The result must be rounded to the nearest whole
number.
B) Employers without 12 months employment history must estimate the number of
employee hours that will be worked during the coming 12-month period and use the above
calculation on that total.
C) The annual fee amount may be prorated to accommodate synchronization of a
license expiration date with a date established by the Business Licensing Service.
D) Handling Fees: All business license applications and renewals filed through the
Business Licensing Service must include payment of the handling fees authorized by RCW
19.02.075 and WAC 458-02-200.
E) Late Payment Fee: All business license applications must be renewed on or before
the expiration date. Any license which is not renewed by the expiration date may be assessed a
late penalty payable through Business Licensing Service (RCW 19.02.085) or the City (PMC
3.07.050), whichever is applicable. A license that remains delinquent for 120 or more days after
the expiration date will be cancelled. Cancellation of a license requires reapplication for a license
in order to conduct business within the City.
Ordinance Amending Title 5 - 7
the tenants. For the purpose of this section "dwelling unit" shall mean any structure or part of a
structure which is used as a home, residence or sleeping place by one, two or more persons
title,payment of the fee provided above and compliance with Chapter 5.78 of this title. (Ord. 3560
Sec. 6, 2002; Ord. 3325 Sec. 1, 1998; Ord. 3231 Sec. 1, 1997; Ord 2992, Sec. 1, 1994.)(Codified
elsewhere)
B) AUCTION SALES. All auction sales shall pay a regular business license fee for a
term of up to three consecutive days. Provided, however, that the fee requirements of this
• . . . . . -
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) An auction conducted by or on behalf of a political organization or a
charitable corporation or association if the person conducting the sale receives no
eempensatienef
4) An auction conducted by or under the direction of a public authority; or
5) Wholesale auctions and stockyard auctions, which will be required to pay
the regular license fee.
_ . . .. _ . _ .. - -
Ordinance Amending Title 5 - 8
this code. (Ord. 3560 Sec. 6, 2002; Ord. 2831 Sec. 1, 1991.)
C) BANKS AND FINANCE AGENCIES. All banks and finance agencies shall pay
(Ord. 3560 Sec. 6, 2002.)
D) BOWLING ALLEYS. Bowling alleys shall pay an annual fee for the first alley
and an additional fee for each additional alley. (Ord. 3560 Sec. 6, 2002.)
E) COMMERCIAL RENTALS. Any person renting or subletting any type of
unit. Each separate tenant in a building or of a tract of land shall constitute a separate unit for
purposes of this chapter. (Ord. 3560 Sec. 6, 2002.)
F) DRAY AND TRANSFER. All persons engaged in the business of draying or
warehousing business is carried on in c: . • - -- - . . .• - •- •-' , . .•
footage charges shall also be paid. (Ord. 3560 Sec. 6, 2002.)
G) HOTELS,MOTELS AND CABIN COURTS. All hotels, motels and cabin courts,
unit. (Ord. 3560 Sec. 6, 2002.)
H) LIQUOR SALES WITH AND WITHOUT DANCING. Any place serving beer,
plus square footage charges. (Ord. 3560 Sec. 6, 2002.)
I) MORTUARIES. (Repealed: Ord. 3391 Sec. 1, 1999.)
J) BUSINESSES LOCATED OUTSIDE CITY. All persons not having a business
3560 Sec. 6, 2002.)
♦ = a 116 , ♦ 1 '--- -,, - - . ♦ .
20d
L) SERVICE STATIONS. (Repealed: Ord. 3391 Sec. 1, 1999.)
Ordinance Amending Title 5 - 9
M) SLEEPING ROOMS AND ROOMING HOUSES. Any person renting sleeping
or units available shall an annual fee plus an additional fee per room or unit. (Ord. 3560 Sec. 6,
20024
N) THEATERS. Theaters shall pay an annual fee. (Ord. 3560 Sec. 6, 2002.)
0) USED CAR LOTS. (Repealed: Ord. 3394 Sec. 1, 1999.)
P) VAUDEVILLE AND TRAVELING SHOWS. (Repealed: Ord. 3394 Sec. 1,
4-999.)
Q) ALL OTHER BUSINESSES. (Repealed: Ord. 3391 Sec. 1, 1999.)
R) TRADE SHOWS, EXPOSITIONS AND FAIRS. Repealed. (Ord. 3394, Sec. 1,
1999; Ord. 3212 Sec. 1, 1997; Ord. 2223 Sec. 4, 1980; Ord. 1907 Sec. 3, 1977; Ord. 1103 Sec. 3
22, 1969; Ord. 1269 Sec. 1, 196; prior code Sec. 3 1.90 3 1.162.)
Section 17. That Section 5.04.170 of the Pasco Municipal Code entitled "Exemptions"
shall be and hereby is amended and shall read as follows:
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 at the City and conduct
activities only after the no fee business license has been issued. To qualify for the no fee nonprofit
license the applicant must provide proof of being granted tax-exempt status by the federal Internal
Revenue Service under section 501(C)of the U.S. Code. This no fee provision shall exempt apply
only to 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 nonprofit 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
D) JUKE BOXES, PINBALL, AMUSEMENT GAMES AND MACHINES. The
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.
Ordinance Amending Title 5 - 10
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
H) FOR HIRE VEHICLES. The provisions of this chapter shall not apply to for hire
vehicles licensed under Chapter 5.45.
I) UTILITIES. The provisions of this chapter shall not apply to utilities, other than
telegraph utilities, licensed under Chapter 5.32.
J) PUNCH BOARDS. The provisions of this chapter shall not apply to punch boards
or trade stimulators.
K) ARCADE OR SIMILAR BUSINESSES OR ENTERTAINMENT MACHINES.
machines licensed under Chapter 5.61. (Ord. 3394 Sec. 1, 1999; Ord. 1907 Sec. 4, 1977; prior
code Sec. 3 1.170 3 1.206.)
Section 18. That Section 5.04.180 of the Pasco Municipal Code entitled"Licenses to be
Obtained by First Regular Business Day of January" shall be and hereby is repealed in its entirety.
Section 19. That Section 5.04.190 of the Pasco Municipal Code entitled "Late Payment
Fee" shall be and hereby is amended and shall read as follows:
5.04.190 LATE PAYMENT FEE. A late payment fee shall be added to each annual
this code for the following categories: A: Rentals Dw- '• . : t • •- •- ••-
licenses. A business license delinquency fee is imposed by Business License Service on licensees
who fail to renew by the business license expiration date. The business license delinquency fee is
the lesser of one hundred fifty dollars or fifty percent of a base comprised of the licensee's renewal
fee minus corporate licensing taxes,corporation annual report fee,and any interest fees or penalties
charged for late taxes or corporate renewals. The business license delinquency fee must be added
to the renewal fee and paid by the licensee before a business license is renewed. (Ord. 3766 Sec.
1, 2006; Ord. 3560 Sec. 7, 2002; Ord. 3426 Sec. 1, 2000; Ord. 3394 Sec. 1, 1999; Ord. 2223 Sec.
5, 1980; prior code Sec. 3- 1.224.)
Section 20. That Section 5.05.010 of the Pasco Municipal Code entitled "Business
License Required" shall be and hereby is amended and shall read as follows:
5.05.010 BUSINESS LICENSE REQUIRED. A person or entity may not conduct
or operate an ambulance service within the City without first obtaining an ambulance service
business license through Business Licensing Service. Applications Supplemental information is
required for an ambulance service business license and must be made in writing to the Fire Chief
Ordinance Amending Title 5 - 11
on forms specified by the Department City. The Fire Chief shall not approve an application for
ambulance service business license unless the applicant has fulfilled all requirements of this
Chapter and any applicable provisions of all State laws and regulations relating to ambulance
service personnel, equipment and operations.
Section 21. That Section 5.05.020 of the Pasco Municipal Code entitled "Term of
Ambulance Service Business License" shall be and hereby is amended and shall read as follows:
5.05.020 TERM OF AMBULANCE SERVICE BUSINESS LICENSE. Any
ambulance service business license issued hereunder shall be forte one year, unless
suspended or revoked pursuant to PMC Chapter 5.04. Such ambulance service business license
may be renewed for each calendar year by submitting an application to the Business License
Service . . . • .. . .. ' - .. .- • . -
Section 22. That Section 5.06.050 of the Pasco Municipal Code entitled "Term of
License" shall be and hereby is amended and shall read as follows:
5.06.050 TERM OF LICENSE. The license shall be fora period of one year.
fee, which shall entitle the licensee to operate within the City at a particular location until the
Li- _ . .
including June 30th of any year, shall be required to pay the full license fee. (Ord. 3560 Sec. 9,
2002; Ord. 2521 Sec. 1 (part), 1984.)
Section 23. That Section 5.10A.010 of the Pasco Municipal Code entitled "License
Required" shall be and hereby is amended and shall read as follows:
5.10A.010 LICENSE REQUIRED. It shall be unlawful for an itinerant vendor to
engage in business within the City of Pasco except when licensed . . . • • . . ..• - --
as defined in Section 5.04.0205.10A.020, in compliance with the provisions of this chapter. A
separate license shall be required for each location of any stationary vendor and for each vehicle
or other conveyance engaged by a mobile vendor. (Ord. 2826 Sec. 1, 1991.)
Section 24. That Section 5.10A.040 of the Pasco Municipal Code entitled
"Applications" shall be and hereby is amended and shall read as follows:
5.10A.040 APPLICATION. Any person, firm, or corporation desiring to secure a
license as a stationary or mobile vendor shall make application through Business Licensing Service
to the City, and supply supplemental information on forms to be provided by the City. Such
application supplemental information shall provide:
A) The name or names and address of the applicant, vehicle license numbers of all
vehicles from which the applicant proposes to conduct business; description of the general type of
Ordinance Amending Title 5 - 12
goods,wares,merchandise or food proposed to be sold by the applicant; the place or places where
the applicant proposes to engage in business;
B) Each application shall be accompanied with the license fee as provided for in this
chapter;
C) Each license application for a stationary vendor shall be accompanied with the
following information to establish compliance with Section 5.1 OA.100 and other applicable codes:
1) A notarized written authorization from the business owner to conduct the
applicant's business at the place so noted on the application.
2) A statement explaining the method of trash and litter disposal being
proposed by the vendor.
3) A drawing of a scale not greater than 50 feet per inch and not less than 10
feet per inch,which drawing shall depict the following information:
a) The portion of the property to be occupied by the business;
b) The portion of the property to be used for automobile parking and
the number of automobiles accommodated in said area;
c) The location of driveways providing ingress and egress to the
property;
d) The location of existing building and structures located on the
property noting the use of each building or structure so identified. (Ord. 2826 Sec.
1, 1991.)
Section 25. That Section 5.10A.050 of the Pasco Municipal Code entitled
"Investigation and Determination" shall be and hereby is amended and shall read as follows:
5.10A.050 INVESTIGATION AND DETERMINATION. Upon receipt of the
required supplemental informationsash application, the City Clerk shall cause such investigation
of such person or persons business responsibility to be made as is deemed necessary to the
protection of the public good and shall refer to the application to the Community Development
Department for its determination as to compliance with standards and requirements of this chapter.
An application shall be denied by the City Clerk upon written findings that the applicant's business
responsibility is unsatisfactory or that the proposed business activity will violate any applicable
law, rule or regulation. Any license issued under this chapter shall contain the number on the
license,the date same was issued,the nature of the business authorized to be carried on,the amount
of license fee paid,the expiration date of said license,the place where said business may be carried
on under such license and the name or names of the person or persons authorized to carry on the
same. The City Clerk shall keep a record of all licenses issued under this chapter and shall
Ordinance Amending Title 5 - 13
promptly provide the Washington State Department of Revenue a copy of any license issued under
this chapter. (Ord. 2826 Sec. 1, 1991.)
Section 26. That Section 5.10A.060 of the Pasco Municipal Code entitled "Fees" shall
be and hereby is repealed in its entirety.
Section 27. That Section 5.10A.070 of the Pasco Municipal Code entitled "Expiration
of License" shall be and hereby is amended and shall read as follows:
5.10A.070 EXPIRATION OF LICENSE. Any license issued under the provisions of
the chapter shall expire thirty days after the date of issuance thereof unless a prior date is fixed
therein. TERM OF LICENSES. All licenses shall be for a period of one year, unless otherwise
provided therein. (Ord. 2826 Sec. 1, 1991.)
Section 28. That Section 5.12.012 of the Pasco Municipal Code entitled "License
Required—Fee" shall be and hereby is amended and shall read as follows:
5.12.012 LICENSE REQUIRED FEE.The annual license fees for each pawnbroker
and-sec-end-hand-dealer shall be as set forth in Chapter 3.07 of this code per year,plus the square
. . _ . : . . - .No person shall do business in the City as a pawnbroker
or second-hand dealer without first obtaining a City license as such from the Business License
Service therefore from the City and paying the above license fee. (Ord. 3560 Sec. 13, 2002; Ord.
2838 Sec. 1, 1991; Ord. 2223 Sec. 7, 1980; Ord. 1907 Sec. 9, 1977.)
Section 29. That Chapter 5.16A of the Pasco Municipal Code entitled "Carnivals and
Circuses" shall be and hereby is repealed in its entirety.
Section 30. That Section 5.20.110 of the Pasco Municipal Code entitled "License
Period" shall be and hereby is amended and shall read as follows:
5.20.110 LICENSE PERIOD. The license period shall be for period one
year, unless otherwise provided herein beginning January 1st of any year and terminating
December 31st of the same year. (Ord. 1704 Sec. 6, 1975; prior code Sec. 3-10.44.)
Section 31. That Section 5.25.045 of the Pasco Municipal Code entitled "Auction
Sales" shall be and hereby is created and shall read as follows:
5.25.045 AUCTION SALES. All auction sales shall pay a -1. . .. •-- ' - - -
fee for a term of up to three consecutive days. 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 for conducting the auction. Notice as required herein shall be filed with the City
Ordinance Amending Title 5 - 14
Representative at least five 30-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. This provision shall not apply in
the following cases:
A) Judicial sales held pursuant to an order of the court; or
B) Non judicial sales held under the authority of and pursuant to a federal or state
statute. or
C) An auction conducted by or on behalf of a political organization or a charitable
corporation or association if the person conducting the sale receives no compensation; or
D) An auction conducted by or under the direction of a public authority; or
E) Wholesale auctions and stockyard auctions, which will be required to pay the
regular license fee.
All auction sales to which the above license fee provision applies shall be required to
submit with their license application a legible photo copy of the auctioneer's current certificate of
registration issued by the Washington State Department of Licensing and the auction company's
certificate of registration issued by the Washington State Department of Licensing.
Auction sales shall be required to comply with the Special Events provisions as set forth in
this code. (Ord. 3560 Sec. 6, 2002; Ord. 2831 Sec.l, 1991.)
Section 32. That a new Section 5.25.055 of the Pasco Municipal Code entitled
"Carnivals and Circuses" shall be and hereby is created and shall read as follows:
5.25.055 CARNIVALS AND CIRCUSES.
A) LICENSE REQUIRED. It shall be unlawful for a carnival, or circus, as defined
below to engage in business within the City of Pasco without first having obtained a business
license. (Ord. 2850 Sec. 1, 1991.)
B) DEFINITIONS. The following terms and definitions shall be used in the
administration of this chapter.
1) "Carnival" shall mean a business activity featuring an assemblage of
mechanical rides for the enjoyment, amusement, entertainment, merriment or pastime of
the patrons thereof, and usually but not necessarily, offers patrons in addition to the rides
food and beverage services, as well as games involving throwing, pitching or shooting
skills.
Ordinance Amending Title 5 - 15
2) "Circus" shall mean any institution whose general occupation is that of
exhibiting wild animals, feats of horsemanship, animal stunts and acrobatic or aquatic
sports, to which a fee is charged for admission. (Ord. 2850 Sec. 1, 1991.)
C) APPLICATION. Any person, firm, or corporation desiring to secure a license to
operate a carnival or circus shall make application to the City,on forms provided by the City such
application shall provide:
1) The name or names and address of the applicant;
2) The location of the proposed carnival or circus;
3) Nature of the business activity;
4) Each license application for a carnival or circus shall be accompanied with
the following information to establish compliance with applicable codes.
5) The number of food vending conveyances, if any, to be utilized in
conjunction with the proposed business activity;
6) Proof of insurance as required by Section 5.16A.080;
7) Proof of a valid electrical permit from the Department of Labor and
Industries;
8) A statement explaining the method of trash and litter disposal being
proposed;
9) A notarized written authorization from the owners of the property so noted
on the application;
10) A drawing of a scale not greater than 50 feet per inch and not less than 10
feet per inch, which drawing shall depict the following information:
(a) The portion of the property to be occupied by the business;
(b) The portion of the property to be used for automobile parking and
the number of automobiles accommodated in said area;
(c) The location of driveways providing ingress and egress to the
property:,
(d) The location of existing buildings and structures located on the
property noting the use of each building or structure so identified. (Ord. 2850 Sec.
1, 1991.)
Ordinance Amending Title 5 - 16
D) INVESTIGATION AND DETERMINATION. Upon receipt of such application,
the City Clerk shall cause such investigation of such person or persons business responsibility to
be made as is deemed necessary for protection of the public good and shall refer the application to
the Community Development and Fire Department for determination as to compliance with
applicable codes. Criminal history checks shall be performed in accordance with PMC 5.08.045.
An application shall be denied by the City Clerk upon written findings that the applicant's business
responsibility is unsatisfactory or that the proposed business activity will violate any applicable
law,rule or regulation. Otherwise,upon submittal of the required application and information and
following collection of fees and receipt of approvals from applicable City departments,the Health
District (if applicable) and the Department of Labor and Industries, the City Clerk shall issue the
license. (Ord. 4022, 2011; Ord. 2850 Sec. 1, 1991.)
E) APPEALS. Any person aggrieved by the denial of an application for a license or
by the revocation of a license as provided for in this chapter, shall have the right to appeal to the
City Council. Such appeal shall be taken by filing with the City Clerk within fourteen calendar
days after the notice of decision has been mailed, by certified mail, to the applicant's or licensee's
last known address, a written statement setting forth the grounds for the appeal. The Council shall
set the time and place for hearing on such appeal and notice of such hearing shall be given by
certified mail or personal service to the appellant at least five calendar days prior to the date fixed
for such hearing. (Ord. 2850 Sec. 1, 1991.)
F) STANDARDS. All carnivals and circuses licensed under this chapter shall
conform to the following standards.
1) No carnival or circus shall be licensed for a location in a Residential Zoning
District or Office District, as defined in Title 25, excepting Edgar Brown Stadium.
2) No carnival or circus shall be located within 500 feet of a Residential
Zoning District as defined in Title 25;
3) No carnival or circus activity shall locate or operate in such a manner as to
interfere with traffic circulation, emergency services or other normal City operations;
4) No carnival or circus shall be located within 50 feet of flammable
combustible liquid or gas storage and dispensing structures;
5) Provisions must be made for the control of dust and litter;
6) Provisions for off-street parking on the site and a reasonable and safe means
of ingress/egress must be shown;
7) All amusement rides shall be set back from all public rights-of-way and
electrical distribution lines a distance equal to the height of the amusement ride;
Ordinance Amending Title 5 - 17
8) All signs and equipment must be removed and the premises shall be free of
all trash, litter and debris within three days after the termination of the use. (Ord. 2850
Sec. 1, 1991.)
G) LICENSE FEE. Every circus and carnival shall pay a license fee as set forth in
Chapter 3.07 of this code for the first day and an additional fee for each and every day after the
first day of operation. All food booths require a separate food handlers license and per Chapter
5.28. Each licensee shall pay the regular admission tax on all admission tickets or admissions for
which a charge is made. The license fee is paid in advance for each day said carnival or circus
proposes to operate within the City. Except that a no fee license to qualifying non-profit
organizations may be issued under Section 5.04.170. (Ord. 3560 Sec. 15, 2002; Ord. 2850 Sec. 1,
1991.)
H) INSURANCE. Before any license shall be granted, the applicant must present
certificates of insurance with original endorsements effecting coverage required by this section.
The certificates and endorsements are to be signed by a person authorized by that insurer to bind
coverage on its behalf. The City reserves the right to require completes, certified copies, of all
required insurance policies, at any time. The applicant shall maintain broad form commercial
general liability coverage (occurrence type trigger) with bodily injury and property damage
liability minimum limits of$1,000,000 per occurrence. (Ord. 2850 Sec. 1, 1991.)
I) PENALTY. It is unlawful for any person to violate any terms of this chapter. Every
person found in violation of any terms of this chapter shall be punished by fine of not more than
three hundred dollars. (Ord. 3190 Sec. 6, 1996; Ord. 2580 Sec. 1, 1991.)
Section 33. That Section 5.25.070 of the Pasco Municipal Code entitled "Permit Fee"
shall be and hereby is amended and shall read as follow:
5.25.070 PERMIT FEE. The application provided under this Chapter shall be
accompanied by the payment of a permit fee as set forth in Chapter 3.07 of this code for each of
the following categories:
A) Auctions.
B) Carnivals and Circuses.
C) Concerts, Athletic and Competitive Events and Festivals.
AD) Dance Hall. Base permit fee as provided in Section 5.04.130 and 5.04.140 of this
Code is applicable.
BE) Demonstrations, Parades, Public Dance.
DF) Outdoor Music Festivals.
Ordinance Amending Title 5 - 18
EG) Temporary Special Sales Events. The permit fee shall be calculated per vendor,
except for businesses already holding a current City Business License. In no event shall a total
business license for such an event exceed the maximum fee set forth in Chapter 3.07 for temporary
sales events. The fee shall be paid by the promoter for each vendor who intends to be included
under the promoter's temporary special sales event permit and shall be remitted by the promoter
to the City three (3) days prior to commencement of the temporary special sales event. The
promoter shall be personally responsible for all sums collected, or any sum, which should have
been collected from a vendor.
FH) In the event the City is to provide either all or a portion of the crowd or traffic
control, in addition to the fee provided above, an additional fee in the amount to be determined by
the Chief of Police, which will be calculated upon the number of police officers that must be
present to provide adequate public safety, multiplied by the current overtime hourly rate paid for
the highest patrolman classification in effect at the time of the event for the period of time for
which traffic and/or crowd control will be necessary.
GI) The permit fee (other than the City's costs for crowd and/or traffic control)may be
waived by the City Council upon application sponsored by a bonafide nonprofit corporation,
charity, religious or political organization.
No fee shall be imposed when prohibited by the First and Fourteenth Amendments to the
United States Constitution,or the Washington Constitution. Political or religious activity intended
primarily for the communication or expression of ideas shall be presumed to be a constitutionally
protected event. Factors that may be considered in evaluating whether or not the fee applies
include: the nature of the event; the extent to which the fee creates an unreasonable burden upon
constitutionally protected activities; the extent of commercial activity, such as the sales of goods,
food, and services; product advertising or promotion, or other business participation in the event;
the use or application of any funds raised in the conduct of previous events sponsored by the same
promoter.
SIJ) Bond.The City may require the posting of a bond of sufficient amount to insure the
satisfactory compliance with the conditions of permit issuance, including the costs of cleanup and
repairs.
4K) Nothing herein shall relieve any promoter or applicant from complying with all
other required Federal, State, and local regulations, fees and licensing requirements.
The permit fee shall be paid prior to the event and shall not be refundable. (Ord. 3560 Sec.
22,2002; Ord. 3524 Sec. 4, 2001.)
Section 34. That Section 5.27.110 of the Pasco Municipal Code entitled "License-Fees
and Requirements" shall be and hereby is amended and shall read as follows:
5.27.110 LICENSE-FEES AND REQUIREMENTS.
Ordinance Amending Title 5 - 19
A) The fees for each license and renewal of any license required by this chapter shall
be as set forth in Chapter 3.07 of this code for the following categories:
Adult Entertainment Facility Business License
Adult Entertainer's License
Adult Waitperson's License
Adult Business Manager's License
B) All persons required to obtain or renew licenses under this chapter shall obtain or
renew the same and pay all fees required on or before December 31 of the prior license year
annually upon the expiration of the current license. Any person who fails to obtain or renew and
pay the license fees by its expiration date December 31 of the prior license year shall, in addition
to any other penalties provide in this chapter or the Pasco Municipal Code,be assessed an amount
equal to fifty percent (50%) of the license fee for such year as a penalty for such late application
or payment;PROVIDED that this penalty shall not apply to an application submitted by any person
who was not previously licensed under this chapter.
C) No license shall be issued or renewed except upon written application made to the
City Manager in accordance with this chapter. All applications for a business license shall be
accompanied with a nonrefundable application fee in an amount equal to the license fee for the
license sought. If the license is granted,the application fee shall be credited to payment of the first
annual license fee.
D) If the applicant is a partnership,the application must be made and signed by one of
the general partners; if a corporation,by one of the officers thereof In addition, if the applicant is
a non-Washington (i.e., foreign) corporation, partnership, or non-resident individual, it shall be
signed by the resident agent or local manager of the foreign corporation,partnership or individual.
E) Neither the filing of an original or renewal application for license,nor the payment
of any application or renewal fee,shall authorize a person to engage in or conduct an adult business
until such license has been granted or renewed. (Ord. 3560 Sec. 24,2002;Ord. 3262 Sec. 3, 1997.)
Section 35. That Section 5.27.120 of the Pasco Municipal Code entitled "License-
Term" shall be and hereby is amended and shall read as follows:
5.27.120 LICENSE-TERM. All licenses issued pursuant to this chapter shall be as
provided in PMC 5.04.060. . • - • P. -- .- - -• - • - - • - - - -
the same year. (Ord. 3262 Sec. 3, 1997.)
Section 36. That Section 5.78.010 of the Pasco Municipal Code entitled "License
Required" shall be hereby is amended and shall read as follows:
5.78.010 LICENSE REQUIRED. No person shall make available for rent, or rent,
lease, or let, to the public any residential dwelling unit as defined in Section 5.04.160(a) of this
Ordinance Amending Title 5 - 20
title below without securing and maintaining a current business license as required by this title.
(Ord. 3231 Sec. 2, 1997.)
Section 37. That a new Section 5.78.015 of the Pasco Municipal Code entitled
"Definitions" shall be and hereby is created and shall read as follows:
5.78.015 DEFINITIONS.
A) RENTALS - DWELLING UNITS. Any person renting or making available for
rent to the public any dwelling unit shall secure a license registering each dwelling unit including
a certification warranting that each such dwelling unit complies with the Uniform Housing Code
as adopted by the City and does not present conditions that endanger or impair the health or safety
of the tenants. For the purpose of this section"dwelling unit" shall mean any structure or part of
a structure which is used as a home, residence or sleeping place by one, two or more persons
maintaining a common household, including but not limited to single family residences and units
of multiplexes, apartment buildings and mobile homes. The annual business license fee shall be
payable for each independent business location and the first unit and an additional fee for each
additional rental dwelling unit available for rental to the public by the applicant. All revenues
received from this business license fee shall be utilized exclusively for the cost of issuance of the
license provided herein and the administration of this title. Issuance of the business license shall
be contingent upon submission of the certification,inspection, as required by this title,payment of
the fee provided above and compliance with Chapter 5.78 of this title. (Ord. 3560 Sec. 6, 2002;
Ord. 3325 Sec. 1, 1998; Ord. 3231 Sec. 1, 1997; Ord. 2992, Sec. 1, 1994.)
Section 38. That Section 3.07.050 of the Pasco Municipal Code entitled "Business
Licenses" shall be and hereby is amended and shall read as follows:
3.07.050 BUSINESS LICENSES:
Fee/Charge Reference
A) License Base Fee(include 1'3000 sq $75.00 $80.00 5.04.130160
B) Employee Fee—per full time $20.00 5.04.160
equivalent
B-) Maximum Lic. Fee $500.00 5.01.120
C) Square Footage Fecs(ea inc. of 3000) $30.08 5.04.110
D) Outside Area Charges $50.00 5.04.150
E) Late Penalty $30-08 5.n�-04.190
I) Rentals—Dwelling units,per license 20% of amount due 5.04.190
5.78.018
2-) - - - - $30.00 5.04.190
F) Transfer—Fee $37.08 5.01.080
G) : _ - ._. _. e . •
._ $7-5.00 5.01.160
Ordinance Amending Title 5 -21
H) Rental Dwellings—includes first unit $50.00 5. 460
(No maximum fee) 5.78.018
1) Each additional unit $10.00 541.41,1-60
5.78.018
Auction Sales for 3 days Sri/54Q 54450
J) $150.00 5.13.010
K) Bank/Financial Institution $200.00 5.01.160
L) Bowling Alleys includes first alley $75-00 5.04.160
1) Each addl. alley $6.00 594460
M) Commercial Rentals includes first $75.00 5.04440
location
1) - . - ... - - - $3.00 5.944-60
N) Dray and Transfer includes first $ 5-.00 5,041-60
tivek
1) Each additional truck $5400 5.01.160
0) Hotels/Motels/Cabins Courts base $75-00 5.01.160
fee
1) Each unit. $5.-00 5-044-60
P) Liquor Sales without dancing(incl 1 $200.00 5.05.140
3000 sq. ft)
Q) Prof. Boxing/Wrestling per show $75.00 5.04.160
R) - __. • ' .. - ' .. . _ .. _ $75.00 594.160
(min. 1 rooms)
1) Per room/unit chargc $5.00 594460
S) Theaters $1-50.00 5.01.160
T) Special Events:
1) Athletic, Competitive or Festival $25.00 5.25.070
2) Auction Sales—for 3 days $75.00 5.25.070
3) Carnivals and Circuses—first day fee $275.00 5.25.070
Each and every day after first $125.00 5.25.070
24) Concert $25.00 5.25.070
45) Dance Hall—without liquor $75.00 5.25.070
a) Additional square footage
46) Dance Hall—with liquor $350.00 5.25.070
Ordinance Amending Title 5 -22
a) Additional square footage
57) Demonstration $15.00 5.25.070
68) Outdoor Music Festival $25.00 5.25.070
g9) Parade $15.00 5.25.070
810) Public Dance $15.00 5.25.070
911) Temporary Special Sales Event— $40.00 for the first 5.25.070
(maximum for event $500.00) vendor
a) Each additional vendor $20.00
4-012) Street and Intersection Closure $50.00 5.25.115
Review Fee (A)(5)
14) - - _ . . -- . _ $75.00 5.06.030
Marts
4) Each additional 100 sq. ft. of spacc $5.00 5.06.030
V) Solicitors $150.00 5.08.050
W) Itinerant Merchants.
/J 1) e $604).0 5.10A.060
2) - -- ' . .. ' $45.(40 5.10A.060
X) Mobile vendors.
1) $25.00 5.10A.060
2) , . • -- ' . .. ' . . . .. . $10.00 5.'060
Y) Pawnshop $250.00 5.12.012
Carnivals and Circuscs first day fee $275.00 5.16A.070
�) - . - . . .. - $125.00 5.16A.070
AA) Amusement Device Distributor $500.00 5.20.100
1) Amusement Device User— 1-6 $50.00 5.20.100
machines
2) Amusement Device User—6+ $100.00 5.20.100
machines
BB) Adult Entertainment Facility: $700.00 5.27.110
1) Adult Entertainer $150.00 5.25.110
2) Adult Waitperson $150.00 5.27.110
3) Adult Ent. Bus. Mgr. $150.00 5.27.110
Ordinance Amending Title 5 - 23
CC) Taxicab &Transportation Network
Company Licensing
1) Annual For-Hire(Taxicab/TNC) 5.45A.040
Business License Application Review
And Business License Fee in the
amount as follows:
Companies employing or contracting $300.00
with ten(10) or fewer drivers.
Companies employing or contracting $700.00
with eleven(11) to forty(40)drivers.
Companies employing or contracting $2,000.00
with forty-one(41) or more drivers.
2) Annual For-Hire Driver Business $40.00 5.45A.050
License
3) Photograph(as applicable) $5.00 5.45A.060
4) Fingerprints (as applicable) $5.00 5.45A.060
5) Criminal History Check(as $30.00 5.45A.060
applicable)
6) WSP/FBI Criminal History Check $34.75 5.45A.060
DD) Sidewalk Sales No fee 5.56.010
EE) Mobile Home Park
1) Inspection fee $20.00 19.12.030
Lee X80 19.12.030
3-) Per unit fcc $3.08 19.12.030
FF) Yard Sale Permit No Fee 5.52.020
1) Yard Sale Sign Violation $50.00 17.050.020
(Ord. 4342, 2017; Ord. 4321, 2016; Ord. 4154, 2014; Ord. 4100, 2013; Ord. 4074, 2012; Ord.
3857, 2008; Ord. 3766, 2006; Ord. 3764, 2006; Ord. 3759, 2006; Ord. 3543, 2002).
Section 39. This Ordinance shall take full force and effect five days after its approval,
passage and publication as required by law.
PASSED by the Ci0 Council o the City of Pasco,Washington, and approved as provided
by law this V7� lay of /��}f, 2017.
Matt Watkins, Mayor
EST: ' APPRO AS TO FORM:
Daniela Erickson, City Clerk Leland B. Kerr, City Attorney
Ordinance Amending Title 5 -24