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011-12 - Ordinance - Amending Chapter 5.12 Busiess LicensesIntroduced by: Requested by: Drafted by: Reviewed by: Introduced: Adopted: ORDINANCE NO. 011-12 Development Director Development Director City Attorney City Attorney July 24, 2012 July 24, 2012 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING CHAPTER 5.12 "BUSINESS LICENSES" OF THE PORT ORCHARD MUNICIPAL CODE TO CLARIFY THAT BUSINESS LICENSES WILL NOT BE ISSUED TO BUSINESSES THAT ARE KNOWN TO VIOLATE LOCAL, STATE, OR FEDERAL LAW WHEREAS, the City of Port Orchard has adopted local regulations establishing standards and procedures for business license, currently codified in Chapter 5.12 POMC; and WHEREAS, the City Council, Mayor, and City staff are sworn to uphold local, state and federal laws; and WHEREAS, the City Council does not wish to place its staff in the position where they may be in violation of federal law by reviewing and approving a license application for medical marijuana businesses, dispensaries, collective gardens and facilities; and WHEREAS, the City Council wishes to amend Chapter 5.12 POMC to clarify that no local business license will be issued for any activity that is prohibited under state or federal law; and WHEREAS, the City Council wishes to amend its Code to make clear that medical marijuana dispensaries and collective gardens are businesses for purposes of the Code; and WHEREAS, the City Council is authorized to adopt regulations in the interest of the health, safety, and welfare of its residents; and finds that the following Code amendments are necessary to ensure the same; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance No.011-12 Page 2 of 5 SECTION 1. Section 5.12.010 of the Port Orchard Municipal Code is hereby amended to read as follows: 5.12.010 Definitions. For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meanings given herein. (1) "Business" includes all activities, occupations, pursuits or professions located and/or engaged in within the city with the object of gain, benefit or advantage to the licensee or to another person or class, directly or indirectly, whether part-time or full-time. For purposes of this Chapter, "Business" also includes medical marijuana dispensaries and collective gardens as defined under Chapter 69.51A RCW. Each business location shall be deemed a separate business. For the purposes of this chapter, the owner of any apartment building or buildings containing an aggregate of 10 or more rental units located on a single or contiguous lot(s) and the owner of any business or commercial building containing any rental units shall be considered to be engaged in a "business". Utility companies are defined as businesses. (2) "Person" means any individual, firm, partnership, company, corporation, association, receiver, assignee, trust, estate, joint venture, group, joint stock company, business trust, society or any group of individuals acting as a unit. (3) "Licensee" means any business granted a business license by the city. (4) "Premises" includes all lands, structures and places, and also any personal property which is either affixed to or is otherwise used in connection with any such business conducted on such premises. (5) "City license officer" is the city treasurer, her/his designee or any city of Port Orchard police officer. (6) "Minor" means any person under 18 years of age. (7) "Nonprofit organization" means an organization which has been granted nonprofit status by the Secretary of State of Washington or the Internal Revenue Service. Ordinance No.011-12 Page 3 of 5 SECTION 2. Section 5.12.030 of the Port Orchard Municipal Code is hereby amended to read as follows: 5.12.03o Exemptions. The following operations shall be exempt from obtaining a business license: (1) Any instrumentality of the United States, state of Washington or any political subdivision thereof, with respect to the exercise of governmental functions; (2) Any person, firm, or corporation which the city is forbidden to tax by law; (3) Pursuant to RCW 36.71.090, no business license shall be required of any farmer, gardener or other person to sell, deliver or peddle any fruits, vegetables, berries, eggs or any farm produce or edibles raised, gathered, or produced by such person. Collective Gardens as defined under Chapter 69.51A RCW are not covered by this exemption: (4) No business license shall be required of any minor engaging in a de minimis entrepreneurial venture with permission of the property owner, including but not limited to such trade and activities as running a lemonade stand; (5) Accredited public or private schools, colleges or universities, as to their education endeavors only; churches and other religious bodies, as to their religious activities only; fraternal organizations and lodges as to their fraternal and lodge activities only; civic and charitable organizations, including nonprofit hospitals and clinics, as to their civic and charitable activities only; but not as to any business activities by these entities; (6) Garage, yard and rummage sales; (7) Representatives from businesses located outside the city limits calling on licensed businesses within the city limits for purposes of wholesale business; (8) Vendors of books, periodicals, newspapers or others exempted by law; (9) Individual vendors at fundraising events held by tax-exempt nonprofit organizations described by Section 501(c)(3) (educational and charitable), 501(c)(4) (social welfare), or 501(c)(10) (fraternal societies operating as lodges) of the Internal Revenue Code, when the vending activities are conducted by the individual vendor for a period not exceeding a cumulative total of three days and constitute the vendor's only business activity within the city, and as a condition to Ordinance No.011-12 Page 4 of 5 participation in the event, the individual vendor pays a lump sum or a portion of the gross revenues to the nonprofit organization; (io) Any person, business, or organization engaged in public property vending, as defined by POMC 5.96.oio(6), at a farmers' market. SECTION -A. Section 5.12.070 of the Port Orchard Municipal Code is hereby amended to read as follows: 5.12.07o General qualifications of licensees. (1) No license shall be issued, nor shall any license be renewed, pursuant to the provisions of this chapter to: (a) An applicant who is under 18 years of age at the time of the application, unless he/she shall obtain the written consent of said applicant's parent or guardian to make said application; (b) An applicant who has had a similar license revoked or suspended, pursuant to POMC 5.12.120, or its predecessor; (c) An applicant who shall not first comply with the general laws of the state; (d) An applicant who seeks such a license in order to practice some illegal act or some act injurious to the public health or safety (e) A business license will not be issued for any activity that is known to violate local, state, and/or federal law. (2) Any person, including city officials, may submit written complaints or objections to the city license officer regarding the application for any license, and that the city license officer is additionally authorized to request and receive information from all city departments as will tend to aid her/him in determining whether to issue or deny the license. Such information shall be confidential unless a hearing is requested on the application, or if the applicant shall request the information in writing. All information, complaints or objections shall be investigated and considered by the city license officer prior to issuing, denying or renewing any license. SECTION 4. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or Ordinance No.011-12 Page 5 of 5 unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 5. This ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 24th day of July 2012. ATTEST: Brandy Rinearson, CMC, City Clerk APPROVED AS TO FORM: Timothy C. Matthes, Mayor Sponsored by: Gregory A. Jac by, Attorney Cindy uca elli, Councilmember F, f p �.�;.• po •. NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held July 24, 2012. ORDINANCE NO. 011-12 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING CHAPTER 5.12 "BUSINESS LICENSES" OF THE PORT ORCHARD MUNICIPAL CODE TO CLARIFY THAT BUSINESS LICENSES WILL NOT BE ISSUED TO BUSINESSES THAT ARE KNOWN TO VIOLATE LOCAL, STATE, OR FEDERAL LAW Copies of Ordinance No. 011-12 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 011-12 will be provided at a nominal charge. City of Port Orchard Brandy Rinearson City Clerk Publish: Port Orchard Independent August 3, 2012