HomeMy WebLinkAbout6567 ORDINANCE NO. 6 5 6 7
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTIONS 5.10.040, 5.15.110, 5.20.080 AND
5.22.120 OF THE AUBURN CITY CODE RELATING
TO ENFORCEMENT OF THE CITY'S BUSINESS
LICENSE REQUIREMENT
WHEREAS, the City of Auburn requires that all businesses operating in
Auburn obtain a business license issued by the City; and
WHEREAS, the City of Auburn code currently classifies the crime of
operating an unlicensed business in the City as a misdemeanor; and
WHEREAS, the reasons some individuals fail to obtain a business license
do not justify the severity of penalty associated with a misdemeanor crime; and
WHEREAS, progressive penalties allow for more flexible enforcement of
the business license obligation..
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That section 5.10.040 of
the Auburn City Code be and the same hereby is amended to read as follows:
5.10.040 General business license required — Exception.
A. Any person desiring to establish or conduct any business
enterprise or undertaking as defined in ACC 5.10.020 within the corporate
limits of the city, shall first apply to the business license clerk, as
designated by the mayor, for a license to conduct such business and
obtain such license as approved by the city. The application shall be upon
a form furnished by the business license clerk on which the applicant shall
state the business name, address, and telephone number; the owner's
date of birth and government-issued identification number (e.q. driver's
license number); the nature of the business activity or activities in which
the applicant desires to engage; the place where the business will be
conducted; the number of employees, and the name of the contact person
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April 26,2016
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along with an address, date of birth, government-issued identification
number, and telephone number, and the business identification number
issued by the state of Washington; and the IRS letter testifying to nonprofit
status or the copy of the application to the IRS.
B. It is unlawful for any person to operate or physically conduct any
business within the city without having first obtained a general business
license for the current business year or portion thereof. The applicant for a
business license required under this title shall be over the age of 18 years.
If any person required to pay a license fee, by the terms and provisions of
this chapter, for any period fails or refuses to do so, they shall not be
granted a license for the current period until such delinquent license fee,
together with penalties, has been paid in full.
C. Specific businesses identified in Chapters 3.80, 3.84, 3.88, 5.20,
5.30, 5.84 ACC or elsewhere in this title or other titles of the Auburn City
Code will be required to obtain an individual business license as otherwise
indicated.
D. Any business within the city jurisdiction on any project requiring
a permit must have a business license.
E. Exception to City Business Licensing Requirement. A business
license is not required by the city of any person or persons who has/have
a valid, lawful license issued by the state of Washington to produce,
process or sell marijuana, marijuana concentrates, usable marijuana
and/or marijuana-infused products in conformity with the requirements of
the state of Washington related to such license pursuant to RCW
69.50.301 through 69.50.369, and WAC 314-55-005 through 314-55-540.
(Ord. 6525 § 3, 2014; Ord. 5897 § 3, 2005; Ord. 5814 § 2, 2004; Ord.
5754 § 1, 2003; Ord. 4012 § 2, 1984.)
Section 2. Amendment to City Code. That section 5.15.1100 of
the Auburn City Code be and the same hereby is amended to read as follows:
5.15.110 5.15.110 Violations Penalty.
A. It shall be a violation of city code
for any person or entity to fail to comply with any provision of this titles OF
any other business license e —regulation ordinance or any terms and
conditions of a business license of the city._ Unless a specific penalty is
expressly provided for a particular violation, violations of this title shall
constitute either (1) a civil infraction or civil penalty, punishable in
accordance with Chapter 1.25 of this code, or (2) a misdemeanor,
punishable shall be guilty of a violation of city ordinance and, upon
_ - - - _ , _ - _ by a fine not exceeding $1,000.00, or
imprisonment in jail for any term not exceeding 90 days, or both_
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April 26,2016
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B. In determining which penalty shall be used to enforce violations.
of this title, if the offense is of a serious nature, it poses a risk to public
safety, the violator has not made aood_faith_efforts to achieve compliance,
or there are limited other avenues for effective enforcement, the
investigation officer may refer a violation to the city attorney for.charging,
as a misdemeanor.
C. Additional Relief. The city may seek legal or equitable relief to
enioin any acts or practices or abate any condition which constitutes or
will constitute a violation of the applicable provisions of this chapter when
penalties provided here are inadequate to effect compliance. (Ord. 5754 §
2, 2003.)
Section 3. Amendment to City Code. That section 5.20.080 of
the Auburn City Code be and the same hereby is amended to read as follows:
5.20.080 Violation Penalty.
A, Any violation of the provisions of this chapter is a misdemeanor
punishable in accordance with ACC 5.15.1101.24.010.
B. Each day of such violation constitutes a separate offense under this
chapter, (Ord. 5683 § 12, 2002; Ord. 4012 § 2, 1984.)
Section 4. Amendment to City Code. That section 5.22.120 of
the Auburn City Code be and the same hereby is amended to read as follows:
5.22.120 Violation — Penalty.
Failure of a rental housing business owner, manager or operator to
operate a rental housing business without obtaining or maintaining in good
standing a rental housing business license, as required by this chapter, is a
misclemeaner—punishable in accordance with ACC 5.15.110by a fine of up to
!e ! ! !
jail sentence. (Ord. 5882.§ 1, 2005; Ord. 5651 § 1, 2002.). .
Section 5. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 6. Severability. The provisions of this ordinance are
declared to be separate and severable. The invalidity of any clause, sentence,
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April 26, 2016
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paragraph, subdivision, section or portion of this ordinance, or the invalidity of the
application thereof to any person or circumstance shall not affect the validity of
the remainder of this ordinance, or the validity of its application to other persons
or circumstances.
Section 7. Effective date. This Ordinance shall take effect and be
in force five days from and after its passage, approval and publication as
provided by law.
PASSED: MAY -2 2016
APPROVED: MAY -2 2016
CITY OF AUBURN
0►XI
NANCY B K , MAYO
ATTEST:
Danielle E. Daskam, City Clerk
APP' O ED FORM:
A A1"" _
'i . ei., City Attorney
Published: S
Ordinance No. 6567
April 26, 2016
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