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HomeMy WebLinkAbout5814ORDINANCE NO. 5814 AN ORDINANCE of the City Council of the City of Auburn, Washington, amending Sections 5.10.020, 5.10.040 and 5.15.020 of the Auburn City Code, relating to General Business Licenses WHEREAS, the provisions of the Auburn City Code (ACC) include provisions that identify and provide Business Licensing regulations and requirements; and, WHEREAS, the current provisions of the Business Licensing regulations and requirements, Chapters 5.10 and 5.15 ACC, and Ordinance Number 5754, were the product of a cooperative effort by City representatives, members of the Auburn Business Community and the Auburn Chamber of Commerce; and WHEREAS, as the new provisions have been implemented, this same cooperative group has proposed refinements to assist the process in better serving the business community and the citizens of the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: SECTION ONE. AMENDMENT OF CITY CODE. That Section 5.10.020 of the Auburn City Code is amended to read as follows: 5.10.020 Definitions. For the purpose of this Chapter and Chapter 5.15 of the City Code, the following terms, phrases, words and their derivations shall have the meaning given in this section. A. "Business" means all activities, occupations, trades, pursuits, professions, and matters located within the city or within the city's jurisdiction, with a physical presence in the city and operated on a permanent or ongoing basis whether operated with the object of gain, benefit, advantage or profit, or operated not for profit, to the business enterprise or to another person, directly or indirectly; provided that "business" shall not mean governmental agencies. B. "Business enterprise" means any entity, person, partnership, association, corporation, trust, society, or club engaged in a business within the city of Auburn. C. "Director" means the director of planning and community development or the city's designee. D. "Department" means the city of Auburn department of planning and 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. 5814 December 5, 2003 Page 1 franchisees, etc., of a corporation or business trust, and partners of a partnership, except limited partners, are employees within this definition. F. "Engage in business" means to commence, conduct or continue in any business. G. "Licensee" means any business granted a business license. H. "Nonprofit" means any business enterprises registered as non-profit corporations within the state of Washington or granted nonprofit 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. have a business license."P,ace of Business" means the physical location of the business. K. "Business license year" means that period of time between July 1st of one year and June 30th of the following year. L. "Life and safety codes" mean building codes, fire codes, electrical codes and other codes of the City relatinq to health, safety and related requirements for use and occupancy of buildings. (Ord. 5754 § 1,2003; Ord. 4012 § 2, 1984.) SECTION TWO. AMENDMENT OF CITY CODE. That Section 5.10.040 of the Auburn City Code is amended to read as follows: 5.10.040 General business license required. 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 city clerk 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 clerk on which the applicant shall state the business name, address, and telephone 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 along with an address 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 5.20, 5.30, 5.44, 5.82, 5.84, 5.88 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 proiect requiring a permit must have a business license. (Ord. 5754 § 1, 2003; Ord. 4012 § 2, 1984.) Ordinance No. 5814 December 5, 2003 Page 2 SECTION THREE. AMENDMENT OF CITY CODE. That Section 5.15.020 of the Auburn City Code is amended to read as follows: 5.15.020 Qualifications of licensees - Permit requirements - Conditional licenses. 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 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 ~r~ vio!~tive ofviolate or are not in compliance with state, federal or local laws. 4. An applicant whose business activities are injurious to the public health or safety. 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. C. In any case where an applicant seeks a business license for a business to be located in a building or structure for which a buildinq permit is required, whether as a newly constructed buildinq or structure, or a remodeled building or structure, the building permit process, includinq final inspections/issuance of occupancy permits, shall be completed prior to issuance of a business license. D. In any case where an applicant seeks a business license for a business to be located in a building or structure for which no buildinq permit is required, the applicant shall be entitled to receive a "conditional" business license, assuming that all other applicable licensinq requirements of this Title have been met, which conditional license shall be conditioned on the business premises beinq inspected for compliance with life and safety codes, and subiect to the following: 1. The applicant shall arranqe for such inspection(s) within sixty (60) days of commencing business at the premises under the conditional business license by contacting the Planning Department of the City, provided that the applicant may request from the Planning Director an extension of said the sixty (60) day time period, which request may be granted upon a good cause showinq of why the inspection could not be timely completed. 2. Failure of the applicant to arrange for and complete the life and safety code compliance inspection within the sixty (60) day time period shall cause the conditional business license to be automatically cancelled. Such cancellation shall not require compliance with the provisions for denial, revocation or suspension of business licenses herein. Thereafter, until all licensing and inspection requirements have been fully Ordinance No. 5814 December 5, 2003 Page 3 complied with1 any continued operation of the business shall constitute a violation of I this Chapter. (Ord. 5754 § 2, 2003.) I SECTION FOUR. 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 FIVE. IMPLEMENTATION. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. SECTION SIX. EFFECTIVE DATE. That this Ordinance shall be in full force and effect five (5) days after publication of the Ordinance Summary. INTRODUCED: ,JAN 5 2004 PASSED: JAN 5 2004 JAN § 2O04 APPROVED: PETER B. LEWIS, MAYOR ATTEST: Danielle E. Daskam, City Clerk Da"~-iel B. l~ieid~y Attorney PUBLISHED: Ordinance No. 5814 December 5, 2003 Page 4