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Home My WebLink About4441 OrdinanceORDINANCE NO H H Ll I AN ORDINANCE of the City of Pasco, Washington, amending Pasco Municipal Code Title 5 "Business Licenses and Regulations" providing for participation in the Washington State Business License Service; and amending PMC Section 3.35.050 "Business Licenses." WHEREAS, The State Legislature passed Business License Bill HB -2005 July 23, 2017 requiring all cities with business license program to partner for administration of general business license with Washington State Business License Services (BLS), and WHEREAS, The City adopted changes to its business license program to comply with Bill HB -2005, and NOW, THEREFORE, The City Council has determined that certain amendments to the municipal code regarding business licenses are needed, as follows: THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. PMC Section 5.05.010 Definition is hereby amended and shall read as follows: "Re ulato License" means a license with requirements and/or fees that is issued directly through the City. Regulatory Licenses include but are not limited to Ambulance Service- Adult Entertainment Facility, Special Events and Entertainment-, Juke Boxes Pinball Games and Other Amusement Devices; Utilities, Rental; Solicitors and Residential Soliciting; Pawnbrokers and Secondhand Dealers: Flea Markets Swap Meets Buy -Sell Marts and the Like: Rummage and Yard Sales; Sidewalk Sales Fireworks Sales and Wholesale Distribution: Taxicab and Transportation Network Companies; and Occupancy Registration. Section 2. PMC Section 5.05.030 Procedure for issuance of license is hereby amended and shall read as follows: (1) 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 liGensn regulated through other rhaptors of this title Regulatory licenses 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. (a) Unless otherwise provided, a complete application must be approved or disapproved by the City within 15 working days of receipt by the City. (2) License Renewal 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 liGenses regulated under ether nhapteFS of thie title Regulatory licenses, 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. (3) Duplicate License Procedure. To receive a replacement license that was issued under this chapter, the licensee must contact the Business Licensing Service. For Regulatory licenses ;s-s.,ed- under Gther Ghapters of this title, the licensee must ask the City for a duplicate license. Duplicate licenses issued through the City will be issued for the amount indicated in the fee schedule in PMC 3.35.050. (4) 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 reapproval before a new license will be issued. For Regulatory licenses issued under Gther Ghapters 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. (5) 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 3. PMC Section 5.05.060 Application for license is hereby amended and shall read as follows: Each applicant for a license shall file an application through Business Licensing Service or in the case of Regulatory Licenses the application must be submitted directl to the City.(exGludiflg rental "Gense, seiisiters, for hire dAvers, speGial-events, and direGtly through the Gity) Upon payment of the license fee, and satisfactory compliance with other applicable City ordinances and general laws, the license shall be issued. Section 4. PMC Section 5.05.070, subsection (1) Responsibility of applicant/licensee is hereby amended and shall read as follows: (1) 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, the licensee is personally responsible to update and manage their business information changes with the Business Licensing Service or the City in the case of R ulato Licenses. Section 5. PMC Section 5.05.100 Term of licenses is hereby amended and shall read as follows: Business licenses issued under this title are effective upon approval, and must be renewed through the Washington State Business Licensing Service annually, on or before the expiration date of the license, in order to continue doing business within the City after the expiration date. Regulatory Licenses are effective for one calendar year and must be renewed on or before the expiration date of the license. Dependinq on the type of regulatory license the license/renewal may vary between the calendar year of January 1 to December 31 or annually based on the date of issuance. All licenses shall be for a period of one year, unless otherwise provided herein. Section 4. PMC Section 5.05.160 Fees is hereby amended and shall read as follows: An annual license fee as set in Chapter 3.35 PMC shall apply to all Regulatory Licenses and all business categories , nei.i 1 event and nonprofit ernaAni;Zat-ien in�L,r:inn nnnmpanGy registration)In addition to the annual license fee, for businesses there will be a fee for each employee: (1) 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 12 -month period immediately preceding the year for which the license fee is payable, divided by 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. (2) Employers without 12 months of 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. (3) The annual fee amount may be prorated to accommodate synchronization of a license expiration date with a date established by the Business Licensing Service. (4) 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. (5) Late Payment Fee. A late payment fee, as set forth in Chapter 3.35 of this code will be added to all annual Regulatory _icenses not procured before March 1st of each year. All business license applications must be renewed on or before the expiration date. Any business 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 3.35.050), 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. Section 5. PMC Section 5.05.170, Subsection (1) entitled Monetary Threshold is hereby amended and shall read as follows: (1) Monetary Threshold. Any person or business whose annual value of products, gross proceeds of sales, or gross income of the business in the City is equal to or less than $2,000 and who does not maintain a place of business at a commercial location within the City shall be exempt from the general business license requirements in this chapter. The exemption does not apply to regulatory license requirements or activities that require a specialized permit. Section 6. PMC Section 5.85.050 is hereby amended and shall read as follows: Each applicant for a license shall file an application with the city Gle''1r per Chapter 5.05.020 and 5.05.030, The appliGatieR shall be an Witing and signed by the appliGant and shall give the applarant's resideMe address and busiRess address and sash etheF enfeFinatien as shall-be-Fequired-by the Gity G!eFk. Upon payment of the license fee, and satisfactory compliance with other applicable City ordinances and general laws, the GIeFk shall issue the license shall be issued. Section 7. PMC Section 5.85.060 is hereby amended and shall read as follows: The license shall be for a period of one year per Chapter 5.05.100. Section 8. PMC Section 3.35.050 is hereby amended and shall read as follows: Fee/Charge Reference License base fee $80.00 5.05.160 Employee fee - per full time $20.00 5.05.160 equivalent Late penalty Rentals duelling units, nem 20% o CGA 020 wholesale distribution Fee/Charge Reference Rental dwellings — includes $50.00 5.60.020 first unit (No maximum fee) Rental dwelling - Each $10.00 5.60.020 additional unit Late penalty: Rental license 20% of 5.60.020 Regulatory license (unless amount due 5.05.160 otherwise specified) $30.00 Special events: Athletic, competitive or $25.00 5.35.130 festival Auction sales — for 3 days $75.00 5.35.130 Carnivals and circuses — first $275.00 5.35.130 day fee Each and every day after first $125.00 5.35.130 Concert $25.00 5.35.130 Dance hall — without liquor $75.00 5.35.130 Dance hall — with liquor $350.00 5.35.130 Demonstration $15.00 5.35.130 Outdoor music festival $25.00 5.35.130 Parade $15.00 5.35.130 Public dance $15.00 5.35.130 Temporary special sales $40.00 for 5.35.130 event — (maximum for event the first vendor $500.00) Each additional vendor $20.00 Street and intersection $50.00 5.35.180(l)(e) closure review fee Fireworks sales and 5.35.050 wholesale distribution Fourth of July license term - fire safety inspection ($75.00) - license fee ($40.00) New Year license term - fire safety inspection ($75.00) - license fee ($40.00) Solicitors Pawnshop Ambulance Service Business License Amusement device distributor Amusement device user — 1- 6 machines Amusement device user — 6+ machines Adult entertainment facility: Adult entertainer Adult waitperson Adult ent. bus. mgr. Taxicab and transportation network company licensing Annual for -hire (taxicab/TNC) business license application review and business license fee in the amount as follows: Companies employing or contracting with 10 or fewer drivers Fee/Charge $115.00 $115.00 $150.00 $250.00 150.00 $500.00 $50.00 $100.00 $700.00 $150.00 $150.00 $150.00 $300.00 Reference 5.65.060 5.80.020 5.15.030 5.40.060 5.40.060 5.40.060 5.20.110 5.20.110 5.20.110 5.20.110 5.110.040 Fee/Charge Reference Companies employing or $700.00 contracting with 11 to 40 drivers Companies employing or $2,000.00 contracting with 41 or more drivers Annual for -hire driver $40.00 5.110.050 business license Photograph (as applicable) $5.00 5.110.060 Fingerprints (as applicable) $10.00 5.110.060 Criminal History Check (as $30.00 5.110.060 applicable) WSP/FBI Criminal History $34.75 5.110.060 Check Sidewalk sales No fee 5.95.010 Mobile home park Inspection fee $20.00 19.15.040 Yard sale permit No fee 5.90.020 Yard sale sign violation $50.00 17.15.020 Section 8. This Ordinance shall take full force and effect five days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco this ��d day of June 2019. Matt Watkins, Mayor APPROVED AS TO FORM: Ferguson, City Attorney r. -