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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