HomeMy WebLinkAbout06-07-2010 ITEM VIII-A-1CITY Of
.AUWkN
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject:
Date:
Ordinance No. 6309
May 25, 2010
Department: Planning &
Attachments: Ordinance No. 6309
Budget Impact: See below
Development
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6309.
Background Summary:
The City Council 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.
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
Ordinance No. 6309 would amend portions of Sections 5.10.030, 5.10.050, 5.15.020, 5.20.030 and
Resolution No. 4552 (2010 Master Fee Schedule) to:
• Modify 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,
• Clarify 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;
• Specify the need to demonstrate compliance with all applicable city regulations and standards
specified in the Auburn City Code.
Please note that Ordinance No. 6309 would, for the 2010 calendar year only, modify the business license
renewal period to be for July 1, 2010 to December 31, 2010 and the renewal fee, except for individual
business licenses that already have a reduced renewal fee from their initial license 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.
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F4.3, 07.1, 01.8
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
❑ Building ❑ M&O
❑ Airport ❑ Finance
❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Services
❑ Finance ❑ Parks
❑ Human Services ® Planning & CD
❑ Park Board ❑ Public Works
❑ Fire ® Planning
® Legal ❑ Police
❑ Planning Comm. ❑ Other
❑ Public Works ❑ Human Resources
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes []No Call for Public Hearing
Referred to Until _/_/
Tabled Until _%/
Councilmember: Norman Staff: Snyder
Meeting Date: June 7, 2010 Item Number: VIII.A.1
CITY OF
URN
.At�,j
WASHINGTON AGENDA BILL APPROVAL FORM
At the Committee's May 10th meeting, the Committee asked staff to research the basis for not charging a
license fee for ambulance services specified in Section 5.20.030. Staff researched and determined that
the City is prohibited from charging a business license pursuant to RCW 18.73.020 (Supersession of local
regulation) that states:
The legislature further declares its intention to supersede all ordinances, regulations, and
requirements promulgated by counties, cities and other political subdivisions of the state
of Washington, insofar as they may provide for the regulation of emergency medical care,
first aid, and ambulance services which do not exceed the provisions of this chapter;
except that (1) license fees established in this chapter shall supersede all license fees of
counties, cities and other political subdivisions of this state; and, (2) nothing in this
chapter shall alter the provisions of RCW 18.71.200, 18.71.210, and 18.71.220.
The City has 3,255 business licenses that will pay the City approximately $81,000 for the six-
month renewal period for the remainder of 2010. The renewal fee for the individual business
licenses will not change.
Resolution No. 4601 is a companion action item to Ordinance No. 6309 for the Committee's
consideration. This Resolution would amend the portion of the 2010 Master Fee Schedule for the
City of Auburn pertaining to rental housing business licenses.
The Planning and Community Development Committee recommended approval of Ordinance No. 6309
and the companion resolution, Resolution No. 4601, to the City Council at its May 24, 2010 regular
meeting. Ordinance No. 6309 and Resolution No. 4601 will be presented to the City Council for potential
action on June 7, 2010.
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 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 $-0-
26 USC 501(C) (3) and (4). Such organizations must be
able to show satisfactory proof of such status to the city
-------------------------------
Ordinance No. 6309
May 25, 2010
Page 1 of 7
B. General business enterprises $50.00
C. Specific types of business enterprises As established in
identified elsewhere in the City Code this title or other
titles of the Auburn
City Code
D. Re -issuance of lost, stolen or destroyed $5.00
license
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 Juqe-3& 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 subiect 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 due will subiect
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 resin+ in the
e�c�tien-of the Eisenel -have their license and the ability to conduct business
within the city revoked.
8D. 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 -
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.
----------------------- -------
Ordinance No. 6309
May 25, 2010
Page 2 of 7
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
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.
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Ordinance No. 6309
May 25, 2010
Page 3 of 7
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 7-11 &30
1/1-12/31
Attendant No Fee No Fee 7A 6130
Amusement Device License
1 to 4
5 or more
Auto Races License
Cabaret License
Carnivals, Circuses, Shows, etc. Licenses
Carnival/circus
Theater/GanGe- t
Show/exhibition
Public amusement
Dance License
Fire Extinguisher
Without testing
With testing
Fireworks Stand License
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Ordinance No. 6309
May 25, 2010
Page 4 of 7
$40.00
$70.00
$70.00
$50.00
$70.00
$70.00
$70.00
$70.00
$50.00
$30.00
$45.00
$70.00
$20.00
$20.00
$20.00
$20.00
$20.00
$20.00
$20.00
$20.00
$20.00
$20.00
$20.00
$20.00
1/1-12/31
1/1-12/31
7M &39
1/1-12/31
7/1 6139
1/1-12/31
71-6/30
1/1-12/31
7i! 6139
1/1-12/31
7-/1 6/30
1/1-12/31
7/a -6/�9
1/1-12/31
7/a-6/30
1/1-12/31
1/1-12/31
7i-6/30
1/1-12/31
711-6139
1/1-12/31
Noon 6/28
(Regulation of fireworks stands under Chapter 8.24 ACC)
Massage Business, Health Salon, Public
Bathhouse License
Business $85.00 $20.00
License $85.00 $20.00
Merchant Patrol, Private Detective License
Merchant patrol agency $55.00 $20.00
Patrolman $55.00 $20.00
Detective Agency $55.00 $20.00
Detective $55.00 $20.00
Motor Vehicle Wreckers License $70.00 $20.00
Outdoor Musical Entertainment License
Pawnbroker/Secondhand Dealers License
Solicitor License
Master
Agent
Individual
Taxicab License
Tow Truck Business License
$85.00/Event
$40.00 $20.00
to Noon
7/6
7-A 6/30
1/1-12/31
7ii 6/39
1/1-12/31
7/1-6/39
1/1-12/31
1/1-12/31
7A 6/00
1/1-12/31
7-/-1-6/30
1/1-12/31
7/1 6/39
1/1-12/31
7-/1 6/339
1/1-12/31
7/1-61
1/1-12/31
$40.00 $20.00 7/1-6/39
1/1-12/31
$40.00 $20.00 7/16130
1/1-12/31
$40.00 $20.00 7i1-6/30
1/1-12/31
Requires King County License only to
operate in Auburn
Business $60.00 $20.00 7116/39
1/1-12/31
Driver $40.00 $20.00 7/1-6/30
1/1-12/31
Provided that for the 2010 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
-------------------------------
Ordinance No. 6309
May 25, 2010
Page 5 of 7
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 § 7, 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. Sunset Provisions. The City Clerk and Code Reviser are
authorized and directed to remove from the published City Code those provisions
of this Ordinance that have expired or are no longer in effect, re -codifying as is
consistent with good practice.
Section 6. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
-------------------------------
Ordinance No. 6309
May 25, 2010
Page 6 of 7
Section 7. 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 8. 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
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPRaVED AS TO FORM:
Published:
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Ordinance No. 6309
May 25, 2010
Page 7 of 7