HomeMy WebLinkAboutITEM V-EMemorandum
WASHINGTON
TO: Planning and Community Development Committee
Mayor Peter Lewis
FROM: Kevin Snyder, AICP, Interim Director, Planning & Development Department
DATE: May 6, 2010
SUBJECT: DISCUSSION: Draft Ordinance 6309 - Amendments to Elements of Business
License Program
Through customer feedback and staff review, staff have identified needed changes to the business
license program specified in Title 5 - Business Licenses and Registrations - of the Auburn City Code
that will provide improved and enhanced customer service. These recommended changes include:
• Modification of the current renewal period - July 1St to June 30th - to January 1St to December 31St to
correspond to specified business desires for a calendar year licensing and renewal program; and,
• Clarification of code compliance procedures for business licenses to clearly specify for the customer
and staff the opportunity to obtain code compliance prior to business license revocation;
• Specification of the need to demonstrate compliance with all applicable city regulations and
standards specified in the Auburn City Code.
Please note that for the 2010 calendar year only, staff recommends that the business license renewal
period only be for July 1, 2010 to December 31, 2010 and the renewal fee only be one-half of the
normally required fee to assist in the transition to a calendar year business license program beginning
in 2011. All affected businesses will be notified of this in the renewal notification to be sent out in mid
June 2010.
Please also note that staff is not recommending any changes to the BIA specific business licensing
program. Upon City Council approval of Ordinance No. 6309, staff will work with the Auburn Downtown
Association and affected BIA member businesses to ensure that all of their issues and concerns have
been discussed prior to any future policy action by the City Council. Staff would brief the Committee at
a future date following this coordination effort.
At the Committee's May 10th meeting, staff will review the proposed amendments to Title 5 with the
Committee to obtain Committee feedback and direction.
Attachment:
Draft Ordinance 6309
ORDINANCE NO. 6 3 0 9
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
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. That Section 5.10.030 of the
Auburn City Code, entitled `Fees,' regarding business license 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 USC 501(C) (3) and (4).
Ordinance No. 6309
May 10, 2010
Page 1 of 8
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 elsewhere in the city code
As established in 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. This fee shall not apply to the specific businesses listed in
the table in Section 5.20.030 of the Auburn City Code where one-half of the
specified renewal fees shall apply.
Section 2. Amendment to City Code. That Section 5.10.050 of the
Auburn City Code, entitled `Renewal,' regarding the renewal of business licenses
issued by the City, 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 JuRe-39 December 31St of
any given year.
B. For the 2010 calendar year 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
Ordinance No. 6309
May 10, 2010
Page 2 of 8
31
C. Code compliance action consistent with the City's code compliance
procedures specified in Section 1.25 of the Auburn City Code will be conducted
for failure to renew the required license by the date due. Businesses that fail to
comply with City code requirements will ,rp-6-Hit inn the expiration of the lineRse
have their license and the ability to conduct business within the city revoked.
B-D. 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. That Section 5.15.020 of the
Auburn City Code, entitled `Qualification of Licenses - Permit Requirements -
Conditional Licenses,' regarding qualifications and conditions for the issuance of
business licenses in the City, is hereby 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 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 and/or management and engages substantially in the
Ordinance No. 6309
May 10, 2010
Page 3 of 8
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
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. That Section 5.20.030 of
the Auburn City Code, entitled `Exemptions,' regarding transportation impact fee
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:
Ordinance No. 6309
May 10, 2010
Page 4 of 8
Type
Fee
Term
Initial
Renewal
Ambulance Services License
Business
No Fee
No Fee
0
1/1-
12/31
Attendant
No Fee
No Fee
0
1/1-
12/31
Amusement Device License
1 to 4
$40.00
$20.00
711
0
1/1-
12/31
5 or more
$70.00
$20.00
711
0
1/1-
12/31
Auto Races License
$70.00
$20.00
711
0
1/1-
12/31
Cabaret License
$50.00
$20.00
711
0
1/1-
12/31
Carnivals, Circuses, Shows, etc. Licenses
Carnival/circus
$70.00
$20.00
0
1/1-
12/31
Theater/concert
$70.00
$20.00
0
1/1-
12/31
Show/exhibition
$70.00
$20.00
0
1/1-
12/31
Public amusement
$70.00
$20.00
0
1/1-
12/31
Dance License
$50.00
$20.00
1/1-
12/31
Fire Extinguisher
Without testing
$30.00
$20.00
711
0
1/1-
12/31
With testing
$45.00
$20.00
711
0
1/1-
12/31
Fireworks Stand License
$70.00
$20.00
Noon 6/28
to Noon
7/6
(Regulation of fireworks stands under Chapter 8.24 ACC)
Massage Business, Health Salon, Public
Bathhouse License
Business
$85.00
$20.00 711 g
1/1-12/31
License
$85.00
$20.00 711 g
1/1-12/31
Merchant Patrol, Private Detective License
Merchant patrol agency
$55.00
$20.00 0
1/1-12/31
Patrolman
$55.00
$20.00 0
Ordinance No. 6309
May 10, 2010
Page 5 of 8
Detective Agency
Detective
Motor Vehicle Wreckers License
Outdoor Musical Entertainment License
Pawnbroker/Secondhand Dealers License
Solicitor License
Master
Agent
Individual
Taxicab License
Tow Truck Business License
Business
Driver
1/1
-12/31
$55.00
$20.00
711
9
1/1
-12/31
$55.00
$20.00
711
9
1/1
-12/31
70.00
20.00
7.11
9
1/1
-12/31
$85.00/Event
711
9
1/1
-12/31
$40.00
$20.00
711
9
$49.99
$29.99
1/1
-12/31
$40.00 $20.00 711 9
1/1-12/31
$40.00 $20.00 711 9
1/1-12/31
$40.00 $20.00 711 9
1/1-12/31
Requires King County License only to
operate in Auburn
$60.00 $20.00 0
1/1-12/31
$40.00 $20.00 0
1/1-12/31
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
Ordinance No. 6309
May 10, 2010
Page 6 of 8
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 § 27 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,
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:
Ordinance No. 6309
May 10, 2010
Page 7 of 8
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Published:
Ordinance No. 6309
May 10, 2010
Page 8 of 8