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008-10 - Ordinance - Amending Chapter 5.12 Business LicensesIntroduced by: Treasurer Requested by: Treasurer Drafted by: Treasurer Introduced: May 11, 2010 Adopted: May u, 2010 ORDINANCE NO. oo8-io AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT ORCHARD MUNICIPAL CODE CHAPTER 5.12 "BUSINESS LICENSES" TO INCORPORATE THE PARTNERSHIP BETWEEN THE WASHINGTON STATE DEPARTMENT OF LICENSING MASTER LICENSE SERVICE AND THE CITY OF PORT ORCHARD WHEREAS, the City Council adopted Resolution No. 116-o9 on December 8, 2009 establishing a partnership with the Washington State Department of Licensing Master License Service (MLS) by authorizing an Interlocal Agreement; and WHEREAS, the process of applying for and renewing a City of Port Orchard Business License will change with the partnership with MLS; and WHEREAS, the City Council desires to update Port Orchard Municipal Code Chapter 5.12 "Business Licenses" to reflect the partnership with MLS; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Section 5.12.020 of the Port Orchard Municipal Code is amended to read as follows: 5.12.02o Requirements Any person, firm, or corporation that engages in or carries on within the city any business, profession, trade or occupation designated in this chapter shall first obtain from the city a license to do so. Unless otherwise exempted, the license established by this chapter is in addition to any other license required by another chapter Mthin Title 5 POMC. All licenses issued pursuant to the provisions of this chapter shall be posted in a prominent location at the premises where the licensed business, profession, trade or occupation is carried on. Ordinance No.008-ro Page 2 of 5 SECTION 2. Section 5.12.040 of the Port Orchard Municipal Code is amended to read as follows: 5.12.04o Display of license — Transferability. (i) Licenses to Be Posted. The city business licenses issued pursuant to this chapter shall be prominently displayed in the place of business at all times, and such license shall not be tampered with in any manner; provided however, that when the licensee has no established place of business and goes from place to place or from house to house, then such license must be carried on the person of such licensee while actually engaged in the licensed occupation, business or trade. (2) Licenses Not Transferable. Upon the sale or transfer of any business licensed pursuant to this chapter, the license issued to the prior owner or transferor shall automatically expire on the date of such sale or transfer and the new owner intending to continue such business in the city shall apply for and obtain a new business license pursuant to the procedures established by this chapter prior to engaging in, conducting or operating the business. Also upon substantial change in the type of business operated, a new business license shall be required. SECTION 3. Section 5.12.080 of the Port Orchard Municipal Code is amended to read as follows: 5.12.o8o Application Procedure. (r) Application for a business license shall be made by submitting a completed Master Business Application and any appropriate addenda forms, and remitting all fees due, including handling fees established in RCW 19.02.075, to the Washington State Department of Licensing's Master License Service, in coordination with the city. (2) The annual business license fee shall be established by council resolution. (3) A license shall be issued after the application has been fully completed and all applicable requirements have been fully complied with. In addition, any business requiring a state or federal license shall obtain said licenses and provide the city with proof of their issuance prior to the issuance of a city business license or any renewal thereof. (4) Neither the filing of a new or renewal application for a license shall authorize a person to engage in or conduct a business until such license has been granted or renewed. (5) Any business relocating to another address in the city shall reapply to have a new business license reissued to reflect the new address. (6) If more than one business is conducted on a single premises, a separate license Ordinance No.008-10 Page 3 of 5 shall be required for each separate business conducted, operated, engaged in or practiced. (7) The license shall expire on the date established by the Master License Service, and must be renewed on or before the expiration in order to continue conducting business in the city. The license term and fee may be prorated to accommodate the expiration date established by the Master License Service. (8) A single (master) business license will be issued to the owner of a business complex which has dealers/stations utilizing a common single cashiering function. The owner shall provide a list of the State Department of Revenue tax numbers for all tenants. SECTION 4. Section 5.12.090 of the Port Orchard Municipal Code is amended to read as follows: 5.12.o90 Renewal. (r) Renewal Process. The city business license must be renewed on or before the expiration date. The Master License Service shall send a renewal notice to each licensee at the last address provided by the business. Failure of the licensee to receive any such form shall not excuse the licensee from making application for and securing the required renewal license. Failure to renew the license by the expiration date may result in the charging of the late renewal penalty established in RCW 19.02.o85. Failure to renew the license within 12o days after the expiration date may result in the cancellation of the license and may require the reapplication for a license in order to continue conducting business in the city. (2) Renewal Fee. The annual business license renewal fee shall be established by council resolution. SECTION 5. Section 5.12.110 of the Port Orchard Municipal Code is amended to read as follows: 5.12.110 License approval or denial. The city license officer shall approve business licenses for all persons who submit an application in accordance with the process described in POMC 5.12.o8o and are qualified under the requirements of this chapter and shall: (r) Submit all applications to the planning department, fire authority, city clerk's department and police department for their endorsements as to compliance by applicant with all city regulations which they have the duty of enforcing. (2) A business license shall only be issued if none of the conditions listed in POMC 5.12.120 (1)(a) through (f) exist or apply to the license applicant or premises proposed to be licensed. (3) The city license officer shall notify the applicant in writing by mail, return receipt requested, of the denial of the application and the grounds therefore. Within Ordinance No.008-io Paee 4 of 15 calendar days after the city license officer's decision, the applicant may request an appeal and hearing before the city council, by filing a written notice of appeal and paying the appeal fee of $200.00. The city licensing officer shall notify the applicant by mail, return receipt requested, of the time and place of the hearing. If request for hearing is not received within the time specified, the license officer's decision shall be final. The appeal fee shall be refundable only if the city council finds in favor of the applicant. (4) If an application for a business license is denied and the applicant has filed a timely appeal of such denial, the applicant may continue to conduct business during the pendency of the appeal. SECTION 6. Section 5.12.16o of the Port Orchard Municipal Code is amended to read as follows: 5.12.i6o Civil penalty. (1) In addition to or as an alternative to any other penalty provided herein or by law, civil penalties shall be assessed against any licensee or person who violates any provision of this chapter as follows: (a) Operation of Business Without a License. The penalty for operation of a business without a license shall be assessed by the city license officer in an amount not to exceed $500.00 for every 3o-day period in violation. This penalty shall not apply to business enterprises failing to renew their business license as set forth in subsection (1)(b) of this section. (b) Operation of Business After License Expiration. Failure to renew the license on or before the expiration date established by the Master License Service will subject the licensee to the penalty or license cancellation set forth in POMC 5.12.090. (c) Violations of the Business License Chapter. The penalty for violations of this chapter, other than the late renewal penalty, shall be assessed by the city license officer in an amount not to exceed $500.00. (2) The city license officer may vary the amount of the penalty to be assessed in subsections (r)(a) and (c) of this section, upon consideration of the appropriateness of the penalty to the size of the business of the violator; the gravity of the violation; the number of the past and present violations committed and the good faith of the violator in attempting to achieve compliance after notification of the violation. SECTION 7. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this ordinance. Ordinance No.008-io Pages of SECTION 8. 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 Clerk in authentication of such passage this iith day of May 2010. ATTEST: uz Patricia J. I r cpatrick, CMC, City Clerk APPROVED AS TO FORM: c Gregory A. Ja oby, i Attorney Sponsored by: ohn Clauson, Councilmember