HomeMy WebLinkAbout5754ORDINANCE NO. 5 7 5 4
AN ORDINANCE of the City Council of the City of Auburn,
Washington, amending Chapter 5.10 of the Auburn City
Code, and creating a new Chapter 5.15 of the Auburn City
Code, relating to General Business Licenses
WHEREAS, the provisions of the Auburn City Code (ACC) include language~at
identifies Business Licensing and Registration; and,
WHEREAS, the current language of Chapter 5.10 ACC sets forth a system of
business registration (distinct from business licensing); and
WHEREAS, the Auburn Chamber of Commerce has proposed a system of
business licensing, revising Chapter 5.10 ACC.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
SECTION ONE. AMENDMENT OF CITY CODE CHAPTER.
That Chapter 5.10 of the Auburn City Code is amended to read as follows:
Chapter 5.10
GENERAL BUSINESS LICENSES
Sections:
5.10.010
5.10.020
5.10.030
5.10.040
5.10.050
5.10.060
5.10.070
5.10.080
5.10.090
5.10.100
5.10.110
m,.,,.,,,,, P u rp oseand--sr:,el~e.
.... ,...., purpcse
Definitions.
R,,;,+,~+; ..... m;~+;,, o .... ;,~ FcrmGeneral Business
License Required.
Renowal.
Pagment.
Overpayment.
o~;~+,~+;~ o ......+;~ T fe ability
.._~ ...................... rans r .
V~c~3t~cn Panama/Chanfle in Business ActiviW.
AdditionaqDistinct Uconso Requirod
Ordinance No. 5754
May 13, 2003
Page 1
5.10.010 r'~,.,,,*,,r Purpose~.
.... ,....., purpose
..... ,-~ ~,, t~ ~-~; ....... ~;~;~ ;- *~;~ -~--*-~ The purpose of this chapter is to
establish the business license code for the Ci~ of Auburn and shall be deemed an
exercise of the power of the City to license. For purposes of this code, businesses
having paid their business registration fee or registration renewal fee prior to the
adoption of this chapter shall be considered as having met their obligation for payment
of business license fees for the 12 month period in which the payment of the
registration fee or renewal fee was made. (Ord. 4012 § 2, 1984.)
5.10.020 Definitions.
For the purpose of this chapter the following terms, phrases, words and their
derivations shall have the meaning given in this section.
A ' 'is person
persons , ,
1~.,i'l'hin ii'e, h ,ric. rlinfinn
L.)
A. Business means all activities, occupations, trades1 pursuits, professions,
and matters located within the city or within the city's iurisdiction, with a physical
presence in the ciW and operated on a permanent or ongoing basis whether operated
with the obiect of flab, benefit, advantage or profit, or operated not for profit, to the
business enterprise or to another person, directly or indirectly:--i Provided that Business
,,,,..,o h,,, shall not mean governmental agencies.
B. Business enterprise means any entib/, person, partnership, association,
corporation, trust, society, or club engaged in a business within the CiW of Auburn.
C. Director means the Director of Planninq and Community Development or
the City's designee.
D. Department means the City of Auburn Department of Planning &
Community Development.
E. Employee means any person employed at any business enterprise who
performs any part of their duties within the city. All officers, agents, dealers,
Ordinance No. 5754
May 13, 2003
Page 2
franchisees, etc., of a corporation or business trust, and partners of a partnership,
except limited partners, are employees within this definition.
F. Enqage in business means to commence, conduct or continue in any
business.
G. Licensee means any business granted a business license.
H. Non-profit means any business enterprises reqistered as non-profit
corporations within the State of Washington or granted non-profit status through the
code of the Internal Revenue Service of the United States
I. Physical presence means an address where the business is located. A
post office box with an Auburn address for a business is considered a physical
presence.
J. Any business within the City iurisdiction on any project requiring a permit
must have a business license.
K. Business License Year means that period of time between July 1 of one
year and June 30TM
of the following year. (Ord. 4012 § 2, 1984.)
ho!der * ..... i..~ such mci!:d -~*;~" .k~,, not -~' .... *h .... ;.*..+;.. h~,~. from
E
Annual License Fees are predicated upon the followinR schedule
Ordinance No. 5754
May 13, 2003
Page 3
A. Ncn prcfitOrganizations exempt from taxation
under 26 USC 501(C)(3) and (4). Such organizations must
be able to show satisfactory proof of such status to the
City.
B. General business enterprises
C. Specific types of business enterprises
identified elsewhere in the City Code
$25.0050.00
As Established in this
title or other titles of
the Auburn City Code
D. Re-issuance of lost, stolen or destroyed $5.00
license
(Ord. 4864 1, 1996; Ord. 4242 1, 1987; Ord. 4012 § 2, 1984.)
5.10.040 D,~,-,~o*,,,*.' ..... ,,--,*~-,,, C~ .... ~---'~ - FormGeneral Business License
Required.
A. Any person desirinR to establish or conduct any business enterprise or
undedakinR as defined in section 5.10.020 within the corporale limits of the City, shall
firs~ apply to the City Clerk for a license to conduc~ such business and obtain such
license as approved by the Ci~. The application shall be upon a form furnished by the
Clerk on which the applicant shall state the business name1 address, and telephone
number; the nature of the business activity or activities in which the applicant desires lo
en~a~e; the place where the business will be conducted; the number of employees,
and the name of the contact person alon~ wi~h an address and telephone number, and
the business identification number issued by the State of WashinRton: and the IRS
le~er testifyin~ to non-profit status or the copy of the application to the IRS.
B. It is unla~ul for any person to operate or physically conduct any business
within the City without havinR first obtained a Reneral business license for the current
business year or potion thereof. P~rsc
~ ...... ;~ *- ~ ....: b~clnccc '; ..... Th~ applicant for a business license required
under this Title shall be over the a~e of eiRhteen (18} years. If any person required to
pay a license fee, by ~he terms and provisions of this chapter, for any period fails or
refuses to do so, they shall not be ~ranted a license for the current period until such
delinquent license feeI toRether with penalties, has been paid in full.
C. Specific Businesses identified in Chapters 5.20, 5.30, 5.44~ 5.82, 5.84,
5.88 of this title 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. (Ord. 4012 § 2,
1984.)
Ordinance No. 5754
May 13, 2003
Page 4
5.10.050 ~,.,.;.,...,; ..... ,,...,;,.,. r~,,..i;~;,...,;..,,.. D .... ; ..... *"' *" Renewal
A. A business license is to be renewed annually by payment of the
establJshed fee prior to ,June 30tn. Failure to renew the required license by the date due
will result in the expiration of the license and the ability to conduct business within the
Gity.
B. In those instances wherein the business license has been lost: stolen or
destroyed, the City Clerk will reissue the license in accordance with the fee schedule
established in 5.10.030 herein. (Ord. 4012 § 2, 1984.)
I ~[],[[l[[l[l I [~ll~[[l[1 I ' [~l [V[I ti tiltall till ~l [[[[[I till' I '~l lit
Thc ~i,., .i..~ oh.~ll
A
~l~l~ .ll~i~ ~,l v,~] l~,~.~ il ~ I u,~] l~ ~.~ ~] ~. ~ll~V;~ll~l
.... ~ ~,l~ ~ ..............
....... = .... S~.
All license foes and penalties herein provided for shall be paid by bank dra~,
ce~ified check, cashier's chock, personal check, monog order, or
mado bg dra~ or check, tho foe shall not
honored in the usual course of business: nor shall acceptanco of ang such chock or
dra~ bg the CiW be an acqui~ance or discharfle of the leo unless and until said chock or
dra~ is honored. (Ord. 40~2
Ordinance No. 5754
May 13, 2003
Page 5
Should a business enterprise make an overpayment of any fee or charfle
roquirod undor this litlo, and within ~o (2) ~oars a~er the dato of such ovorpagmont,
makes an application for rofund or crodit for the ovorpa~ment, tho claim shall Be
considored bg the diroctor and, if approvod, shall bo ropaid from tho floneral fund. (Ord.
4012 { 2, 1984.)
5.10.080
such br~'~'''k
The clerk is authorized, but not required, to mail to business enterprises the
forms for applications for licenses or renewal of existing licenses. Failure of the
business enterprise to receive any such forms shall not excuse the business enterprise
from making application for and securing the license or renewal of license required and
payment of the license fee when due. (Ord. 4012 § 2, 1984.)
5.10.090 ~,-,',;o+~--+;'-'" . ........... Transferabd~ty.
, ~. , ~,,~ ,~,~k,~L,~,, ,~ ~ ~' ~,~ ~ ~ ,,, ~,,~k~, '''~7
'~
Once flranted, the license shall be personal to the licensee and it shall not be
assignable or transferable to any other person(s) or business entities. (Ord. 4012 § 2,
1984.)
Ordinance No. 5754
May 13, 2003
Page 6
5.10.100 x/i,,,.~+~,,,, D,,,,o,+,,r'~,o,,,,.. in Business Activity.
A A ,,i,.~,i..~, ,.~ ,~, ...... iol .... ~ ,~.i.. ,.~..~..,~,. ~, ...... person ~ ........... *~-'"
Once granted, the business license granted in pursuance hereof shall be used
to conduct business at the designated address only for that specific purpose for which
such license is issued. Any change in the nature of the business, even when
conducted at the location established in an existing license, shall necessitate a new
application to the City. (Ord. 5683 § 11, 2002; Ord. 4012 § 2, lg84.)
5.10.110 Additional/Distinct License Required.
A. A distinct license shall be required for each branch, establishment, or
location at which the business related activity is carried on, and each license shall
authorize the licensee to carry on, pursue, or conduct only that business or business
enterprise at that location.
B. A separate license shall not be required for a facility determined by the
director to be an accessory facility to a branch, establishment, or location for which a
license is issued.
C. When the place of business of a business enterprise is changed, the
licensee shall return the license to the department and a new license shall be issued for
the new place of business free of charge, provided that the criteria for issuance as
established in this chapter are met at the new location.
D. When more than one business is operated at the same location, each
business shall be required to obtain a separate license.
Ordinance No. 5754
May 13, 2003
Page 7
r~ 4 ~ "1 ~ I~n;-~l r~r,~,~,4, ,r~
v ll~ l,l~ll ~llMllll ~l~ ~ ,V~ · V l'l~l
he=dnR ' th
been
hearing .... ;.~, Any Ii ..... * .....kiCk ........ I k~ N~ni~N ~k~ll
~l,~l,,~ l,~ ~ll,lll,~lV,' ,,l~ ~ ~,V~'~ ~, V~V'' ,,~,,,l~ ~''l'l'~' ,lV~,lll~. ,, ,l.,
Ordinance No. 5754
May 13, 2003
Page 8
Ordinance No. 5754
May 13, 2003
Page 9
SECTION TWO. CREATION OF NEW CITY CODE CHAPTER.
That a new Chapter 5.15 of the Auburn City Code is created to read as follows:
Chapter 5.15
BUSINESS LICENSE ENFORCEMENT
Sections:
5.15.010
5.15.020
5.15.030
5.15.040
5,15,050
5.15.060
5.15.070
5,15.080
5.15.090
5.15.100
5,15.110
5.15.120
Display of License Required.
Qualifications of Licensees
Inspections - Right of entry.
Denial, revocation or suspension of license
Grounds for denial, suspension or revocation.
Denial- Suspension - Revocation procedure.
Appeal from denial or from notice or order.
Assignment of licenses.
Reasonable costs.
Engaging in business without payment of fee.
Violations -Penalty.
Separate offenses.
5.15.010 Display of License Required.
All licenses issued pursuant to this Title authorizing the operation or conducting
of any occupation, business, trade, or entertainment at a specified location shall be
posted in a conspicuous place at such location.
5.15.020 Qualifications of Licensees
A. No license shall be issued, nor shall any license be renewed, pursuant to
the provisions of this chapter to:
1. An individual who is not eighteen (18) years of age at the time of
application
2. An applicant who has had a similar license revoked or suspended
pursuant to applicable City codes or Section 6.01.150 of the King County Code
(KCC) or other similar code provision of any jurisdiction, within two years prior to
the license application.
3. An applicant whose business activities are violative of or not in
compliance with state, federal or local laws.
4. An applicant whose business activities are injurious to the public
health or safety.
Ordinance No. 5754
May 13, 2003
Page 10
B. No person or business may reapply for a denied or revoked business
license merely by renaming the business. The denial or revocation of a license applies
to any business entity, regardless of its name, that is operating under the same
ownership and/or management and engages substantially in the same type of business
enterprise as that of a business that has been previously denied a license or has had its
license revoked under this chapter within a year of such application for a license.
5.15.030 Inspections - Right of entry.
The Mayor, or designee, is authorized to make such inspections of the premises
and facilities of establishments licenses or required to be licensed under this Title of the
City Code, and to take such action as may be required to enforce the provisions of the
business license ordinances or other applicable codes. The Mayor may designate any
appropriate City employees, including, but not limited to, the code enforcement officers,
building inspectors and commissioned police officers, to undertake such inspections.
Inspections shall, to the extent possible, be in compliance with the following procedure:
A. The person(s) designated to make such inspection(s) may enter any licensed
business location, at any reasonable time, to inspect the same or perform any duty
imposed on the Mayor, or designee, by any business license or regulation ordinance.
B. If the place of business is occupied, said inspector(s) shall first present proper
credentials and demand entry and right to inspect.
C. If the place of business is unoccupied, said inspector(s) shall first make a
reasonable effort to locate the licensee or other person having charge or control of the
premises and shall then present proper credentials and demand entry and right to
inspect.
D. No licensee, employee or agent, shall fail or neglect, after proper demand, to
admit said inspector(s), acting within the scope of the inspector's employment, to any
location licensed for business, or to interfere with an inspector while in the performance
of the inspector's duty.
E. Nothing herein shall prevent or prohibit undercover investigations or
inspections by appropriate officers in appropriate circumstances.
5.15.040 Denial, revocation or suspension of license
Any business license application submitted under the provisions of this Title of
the City Code may be denied, and any business license i§sued under the provisions of
this Title may be revoked, or suspended at any time, as provided in this Chapter.
5.15.050 Grounds for denial, suspension or revocation.
The grounds for denial, suspension or revocation shall include the following:
^. The license or application therefor was procured or submitted by fraud or
misrepresentation of fact;
B. The licensee/applicant has failed to comply with any of the provisions of this
Title, or other applicable state, federal or local law;
C. The licensee/applicant, or licensee's/applicant's employees or agents, have
been convicted of a crime, or suffered civil judgment or consent decree which bears a
direct relationship to the conduct of the business licensed pursuant to this Ordinance;
Ordinance No. 5754
May 13, 2003
Page 11
D. The licensee/applicant, or licensee's/applicant's employees or agents, have
violated any law or ordinance relating to the regulation of the business licensed
pursuant to this Ordinance, or any health or safety ordinance;
E. The licensee/applicant has caused or permitted a public nuisance to exist;
F. The licensee/applicant, or licensee's/applicant's employees or agents, have
engaged in, have permitted or have acquiesced in unlawful drug related activity on the
business premises;
G. The licensee/applicant has failed to pay a civil penalty or to comply with any
notice and order of the Mayor, or designee;
H. The licensee's/applicant's continued conduct of the business will, for any
other reason, result in a danger to the public health, safety or welfare.
5.15.060 Denial - Suspension - Revocation procedure.
A. Upon the determination by the Mayor or designee that a license application is
to be denied, or that a license is to be suspended or revoked, pursuant to the provisions
of this Chapter, the Mayor or designee shall give written notice of such action to the
licensee/applicant by certified mail. The notice and order shall contain:
1. The street address, when available, and a legal description sufficient for
identification of the premises upon which the violation occurred or is occurring;
2. A statement that the Mayor, or designee, has found the application
submitted by or the conduct of the licensee to be in violation of any business
license or regulation ordinance, or otherwise meeting the grounds for denial,
suspension or revocation, with a brief and concise description of the facts or
conditions found to render such licensee in violation of such business license or
regulation ordinance;
3. If the Mayor or designee determines that the license is to be suspended
or revoked, the order shall require surrender of the licenses to the Mayor or
designee within twenty (20) days from the date of receipt of the notice and order.
4. A statement advising that the licensee may appeal from the notice and
order or from any action of the Mayor, or designee, to the City Hearing Examiner,
provided the appeal is made in writing as provided in this Ordinance and filed
with the City Clerk within twenty (20) days from the date of receipt of the notice
and order, and that failure to appeal shall constitute a waiver of all right to an
administrative hearing and determination of the matter.
B. The notice and order, and any amended or supplemental notice and order,
shall be served upon the licensee either personally or by mailing a copy of such notice
and order by certified mail, postage prepaid, return receipt requested to such licensee
at the address which appears on the business license.
C. Proof of service of the notice and order shall be made at the time of service
by a written declaration under penalty of perjury executed by the person effecting
service, declaring the time, date, and manner in which service was made, or by affidavit
of mailing to which shall be attached the postal return receipt or original mailing if
returned unclaimed.
5.15.070 Appeal from denial or from notice or order.
Ordinance No. 5754
May 13, 2003
Page 12
A. The City Hearing Examiner is designated to hear appeals by applicants or
licensees aggrieved by actions of the Mayor, or designee, pertaining to any denial, civil
penalty suspension, or revocation of business licenses, in accordance with Chapter
1.25 of the City Code, Provided that the Hearing Examiner may adopt reasonable rules
and regulations for conducting such appeals. Copies of all rules and regulations so
adopted shall be filed with the City Clerk, who shall make them freely accessible to the
public.
B. Any licensee may, within twenty (20) days after receipt of a notice of denial of
application or of a notice and order, file with the City Clerk a written notice of appeal
containing the following:
1. ^ heading with the words: "Before the Hearing Examiner of the City of
Auburn";
2. ^ caption reading: "Appeal of "giving the names of all
appellants participating in the appeal;
3. ^ brief statement setting forth the legal interest of each of the
appellants in the business involved in the denial or notice and order;
4. ^ brief statement, in concise language, of the specific order or action
protested, together with any material facts claimed to support the contentions of
the appellant or appellants;
5. A brief statement, in concise language, of the relief sought, and the
reasons why it is claimed the protested action or notice and order should be
reversed, modified, or otherwise set aside;
6. The signatures of all persons named as appellants, and their official
mailing addresses;
7. The verification (by declaration under penalty of perjury) of each
appellant as to the truth of the matters stated in the appeal.
C. As soon as practicable after receiving the written appeal, the City Clerk shall
fix a date, time, and place for the hearing of the appeal by the Hearing Examiner.
Written notice of the time and place of the hearing shall be given at least ten (10) days
prior to the date of the hearing by the City Clerk, by mailing a copy thereof, postage
prepaid, by certified mail with return receipt requested, addressed to each appellant at
his or her address shown on the notice of appeal.
D. At the hearing, the appellant or appellants shall be entitled to appear in
person, and to be represented by counsel and to offer such evidence as may be
pertinent and material to the denial or to the notice and order. The technical rules of
evidence need not be followed.
E. Only those matters or issues specifically raised by the appellant or appellants
in the written notice of.appeal shall be considered in the hearing of the appeal.
F. Within ten (10) business days following conclusion of the hearing, the Hearing
Examiner shall make written findings of fact and conclusions of law, supported by the
record, and a decision which may affirm, modify, or overrule the denial or order of the
Mayor, or designee, and may further impose terms as conditions to issuance or
continuation of a business license; Provided that where deemed necessary by the
Hearing Examiner, at the conclusion of the hearing or within the ten (10) business days
following conclusion of the hearing, the Hearing Examiner may announce the need for a
Ordinance No. 5754
May 13, 2003
Page 13
longer time-period, not to exceed thirty (30) days, within which the written findings of
fact and conclusions of law and decision shall be made.
G. Any party aggrieved by the decision of the Hearing Examiner may appeal that
decision to the City Council by filing a written notice of appeal, within ten (10) days after
receipt of the decision of the Hearing Examiner, with the City Clerk. The City Clerk shall
transmit a complete copy of the Hearing Examiner's record, findings and conclusions,
and decision, and all exhibits, to the City Council and shall cause the appeal to be
placed upon the agenda of the City Council within thirty (30) days after receipt of the
notice of appeal. Written notice of the time and place of the hearing shall be given at
least ten (10) days prior to the date of the hearing by the City Clerk, by mailing a copy
thereof, postage prepaid, by certified mail with return receipt requested, addressed to
each appellant at his or her address shown on the notice of appeal.
H. Enforcement of any suspension or revocation of any business license, or
other order of by the Mayor, or designee, shall be stayed during the pendency of an
appeal therefrom which is properly and timely filed.
I. Failure of any aggrieved party to file an appeal in accordance with the
provisions of this Chapter shall constitute a waiver of the right to an administrative
hearing and adjudication of the denial or of the notice and order.
5.15.080 Assignment of licenses.
Every business license shall be personal to the licensee and shall not be
assignable or transferable to any person, other than as expressly provided in the code
provisions for the particular business license.
5.15.090 Reasonable costs.
In addition to or as an alternative to any other penalty provided herein or by any
other business license or regulation ordinance, the City shall be entitled to its costs and
reasonable attorneys fees in any action to enforce the provisions of this Chapter or any
other business license or regulation ordinance.
5.15.100 Engaging in business without payment of fee.
If any person engaged in business fails or refuses to pay the prescribed license
fee for any tax year, such person shall not be granted a business license for the current
tax year until all such delinquent license fees and penalties have been paid, in addition
to the prescribed fee for the current tax year. Such fees may be collected by the City by
legal action brought for that purpose if any person engaged in business fails or refuses
to pay the license fees and penalties. This remedy is cumulative and not exclusive.
5.15.110 Violations -Penalty.
Any person violating or failing to comply with any provision of this title or any
other business license or regulation ordinance shall be guilty of a violation of City
ordinance and, upon conviction thereof, shall be punished by a fine not exceeding one
thousand dollars ($1,000.00), or imprisonment in jail for any term not exceeding 90
days, or both.
Ordinance No. 5754
May 13, 2003
Page 14
5.15.120 Separate offenses.
Each day that any person engages in any business without having a valid
business license or is otherwise in violation of this title or any other business license or
regulation ordinance shall constitute a separate offense and may be punished as such.
SECTION THREE. GENERAL SEVERABILITY.
That if any provision of this Ordinance or the application thereof to any person or
circumstance is held to be invalid, the remainder of such code, ordinance or regulation
or the application thereof to other person or circumstances shall not be affected.
SECTION FOUR. IMPLEMENTATION.
The Mayor is hereby authorized to implement such administrative procedures as may
be necessary to carry out the directives of this legislation.
SECTION FIVE. EFFECTIVE DATE.
That this Ordinance shall be in full force and effect five (5) days after publication of the
Ordinance Summary, and on July 1, 2003.
iNTRODUCED:MAY ] 9 21]03
PASSED: MAY ! 9 21~3
APPROVED:MAY ] 9 2003
PETER B. LEWIS, MAYOR
ATTEST:
lie E. Daskam, City Clerk
Ordinance No. 5754
May 13, 2003
Page 15