HomeMy WebLinkAboutITEM IV-AORDINANCE N0. 6-
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTIONS 5.10.030, 5.10.050, 5.15.020 AND
5.20.030 OF THE AUBURN CITY CODE RELATED
TO BUSINESS LICENSING
WHEREAS, the City of Auburn ("City") has previously established Title 5 -
Business Licenses and Registrations - of the Auburn City Code for the purpose of
establishing a business license program within the municipal limits of the City ;and
WHEREAS, through customer feedback and staff review, needed changes
in the business license program have been identified inclusive of amending the
business license renewal period to coincide with the calendar year and adjusting
the renewal fee for non-specified individual licenses for the 2010 calendar year
only concurrently; clarifying code compliance procedures for business licenses;
and specifying the requirement to comply with all applicable city regulations and
standards,
WHEREAS, the City Council finds that these changes will improve and
enhance customer service in the provision of business licensing services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Section 5.10.030 of the
Auburn City Code, entitled `Fees,' is hereby amended to read as follows:
5.10.030 Fees.
Annual license fees are predicated upon the following schedule:
A. Organizations exempt from taxation under 26 $-0-
Ordinance No. 6309
May 19, 2010
Page 1 of 7
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 $50.00
C. Specific types of business enterprises identified As established in
elsewhere in the City Code this title or other
titles of the Auburn
City Code
D. Re-issuance of lost, stolen or destroyed license $5.00
E. For the 2010 calendar year only, the renewal fee for business licenses for
the period July 1, 2010 to December 31, 2010 shall be $25.00 or one-half of the
required renewal fee.
Section 2. Amendment to City Code. Section 5.10.050 of the
Auburn City Code, entitled `Renewal,' is hereby amended to read as follows:
5.10.050 Renewal.
A. A business license shall be valid for a calendar year and is to be
renewed annually by payment of the established fee prior to J~~~e....3u~~~ December
31St of any iven ear.
B. .For the 2010 calendar dear only business license renewals shall
be only valid for the period July 1, 2010 to December 31, 2010 subject to the
payment of the established fee. For the 2011 calendar year and subsequent
calendar years, business license renewals shall be for the period January 1
through December 31.
C. .Failure to renew the required license by the date duexxxwillxxxsuxb~xect
the business to penalties as set forth as Chapter 1.25 of the Auburn City Code.
Businesses that fail to comply with City code requirements will .°~-,~!t -iii t"°
°~Nii utivi i ~f t"° !;~°n~° have their license and the ability to conduct business
within the city revoked...
RD. In those instances wherein the business license has been lost, stolen
or destroyed, the business license clerk will reissue the license in accordance
with the fee schedule established in ACC 5.10.030.
Section 3. Amendment to City Code. Section 5.15.020 of the
Auburn City Code, entitled `Qualification of Licenses -Permit Requirements -
Conditional Licenses,' is hereby amended to read as follows:
5.15.020 Qualifications of licensees - Permit requirements -
Cond itional licenses.
A. No license shall be issued, nor shall any license be renewed,
pursuantto the provisions of this chapter to:
Ordinance No. 6309
May 19, 2010
Page 2 of 7
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 violate 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 andlor 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 building permit is
required, whether as a newly constructed building or structure, or a remodeled
building or structure, the building permit process, including 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 building permit is
required, the applicant shall be entitled to receive a "conditional" business
license, assuming that all other applicable licensing requirements of this title
have been met, which conditional license shall be conditioned on the business
premises being inspected for compliance with life and safety codes, and subject
to the following:
1. The applicant shall arrange for such inspection(s) within 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 the said 60-day
time period, which request may be granted upon a good cause showing 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 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 complied with, any continued operation
of the business shall constitute a violation of this chapter.
E. In any case where an applicant seeks a business license for a
business where a building permit is required or is not required, the applicant shall
Ordinance No. 6309
May 19, 2010
Page3of7
demonstrate satisfactory and full compliance to all applicable titles and chapters
of the Auburn City Code prior to the issuance of the business license.
Section 4. Amendment to City Code. Section 5.20.030 of the
Auburn City Code, entitled `License required -Fee -Term -Notices -
Exemptions', is hereby amended to read as follows:
5.20.030 License required -Fee -Term -Notices -Exemptions.
A. It is unlawful for any person, firm or corporation to engage in any
business as provided in this chapter within the city limits without first obtaining a
license pursuant to the provisions of this chapter.
B. The fee licensing under the provisions of this chapter shall be as
follows:
Type Fee Term
Initial Renewal
Ambulance Services License
Business No Fee No Fee ?!1-5!3
1 /1-12/31
Attendant No Fee No Fee ?!1-5!3n
1 /1-12/31
Amusement Device License
1 to 4 $40.00 $20.00 ?!1-x!30
1 /1-12/31
5 or more $70.00 $20.00 ?!1.5!3n
1 /1-12/31
Auto Races License $70.00 $20.00 ?!1-0!30-
1 /1-12/31
Cabaret License $50.00 $20.00 ?!1-0!3n
1 /1-12/31
Carnivals, Circuses, Shows, etc. Licenses
Carnival/circus $70.00 $20.00 ?!10!30-
1 /1-12/31
Theater $70.00 $20.00 ?!10!30
1 /1-12/31
Showlexhibition $70.00 $20.00 ?!1-5!30
1 /1-12/31
Public amusement $70.00 $20.00 ?!1-5!30
1 /1-12/31
Dance License $50.00 $20.00 1 /1-12/31
Fire Extinguisher
Without testing $30.00 $20.00 ?!1 0!30
1 /1-12/31
Ordinance No. 6309
May 19, 2010
Page 4 of 7
With testing $45.00 $20.00 ?l1-5130-
1 /1-12/31
Fireworks Stand License $70.00 $20.00 Noon 6128
to Noon
7/6
(Regulation of fireworks stands under Chapter 8.24 ACC)
Massage Business, Health Salon, Public
Bathhouse License
Business $85.00 $20.00 ?l1-513
1 /1-12/31
License $85.00 $20.00 ?l1-513
1 /1-12/31
Merchant Patrol, Private Detective License
Merchant patrol agency $55.00 $20.00 ?!1 zn
1 /1-12/31
Patrolman $55.00 $20.00 ?!1 zn
1 /1-12/31
Detective Agency $55.00 $20.00 ?!1 5180
1 /1-12/31
Detective $55.00 $20.00 ?!1.5!8n
1 /1-12/31
Motor Vehicle Wreckers License 70.00 20.00 ?!1 zn
1 /1-12/31
Outdoor Musical Entertainment License $85.00!Event ~~1 _~~~zn ~ i v~ vv
1 /1-12/31
Pawnbroker!Secondhand Dealers License $40.00 $20.00 ?!1.5!8n
1 /1-12/31
n nn ~~n nn
Solicitor License
Master $40.00 $20.00 ?l1-513
1 /1-12/31
Agent $40.00 $20.00 ?l1-5!3~
1 /1-12/31
Individual $40.00 $20.00 ?l1-5l3~
1 /1-12/31
Taxicab License Requires King County License only to
operate in Auburn
Tow Truck Business License
Business $60.00 $20.00 ?l1-5l3~
1 /1-12/31
Driver $40.00 $20.00 ?!15/3
1 /1-12/31
Ordinance No. 6309
May 19, 2010
Page5of7
Provided, that for the 2.010____ calendar year__ only, the renewal fee for business.
licenses for the period July 1, 2010 to December 31, 2010 shall be one-half of
the specified renewal fees.
C. A duplicate license shall be issued by the business license clerk, as
designated by the mayor, to replace any license previously issued which has
been lost, stolen, defaced or destroyed, upon the filing of an affidavit attesting to
such fact and the paying to the business license clerk of a fee of $1.00.
D. Any notice required by this chapter to be mailed to any licensee
shall be sent by ordinary mail, addressed to the address of the licensee shown
by the records of the business license clerk or, if no such address is shown to
such address as the business license clerk is able to ascertain by reasonable
effort. Failure of the licensee to receive such mailed notice shall not release the
licensee from any fee or penalties thereon, nor shall such failure operate to
extend any time limit set by the provisions of this chapter.
E. This section grants an exemption from paying a fee for any licenses
required under the provisions of this chapter to bona fide nonprofit, charitable,
religious, or philanthropic persons or organizations.
1. Any person or organization claiming the exemptions of this
section shall file with the business license clerk an affidavit setting forth facts
sufficient to show the application of this section and the right to such exemption.
2. Persons or organizations required to be licensed by the state
of Washington, wherein the state has preempted the field of endeavor of any
such persons or organizations, shall not be required to obtain a license from the
city under the provisions of this title; provided however, any such persons or
organizations doing business within the city limits of the city shall carry the state
license on his or her person at all times when doing business within the city, and
shall exhibit such state license whenever he or she is requested to do so by any
police officer or any person who asks to see the same. (Ord. 5897 § 2005;
Ord. 4012 § 2, 1984.)
F. For the 2010 calendar year only, individual license renewals shall
be valid for the period July 1_,_ 2010 to December 31,_2010 subject to the payment
of one-half of the specified renewal fee. For the 2011 calendar year and
subsequent calendar years, individual license renewals shall be for the period
January 1 through December 31.
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,
Ordinance No. 6309
May 19, 2010
Page 6 of 7
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 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.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
PETER B. LEWIS
MAYO R
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Published:
Ordinance No. 6309
May 19, 2010
Page7of7
