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1665 - Ordinance - Adopting General Business LicensingRepealed by Ordinance 1701 Date: 12-22-97 IORDINANCE NO. 1665 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, REPEALING ORDINANCES NO. 960, 949, AND 784 AND ADOPTING GENERAL BUSINESS LICENSING, DESCRIBING THE PROCESS FOR BUSINESS LICENSE APPLICATION, REVIEW, APPROVAL, AND APPEALS, DEFINING VIOLATIONS AND PROVIDING PENALTIES. WHEREAS, the City of Port Orchard has inadequate guidelines for the regulation and licensing of business and occupations, and WHEREAS, it is necessary to establish these guidelines for the purpose of insuring adherence to municipal regulations, and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. THAT Ordinance No. 960, Ordinance No. 949 and Ordinance No. 784 are hereby repealed. SECTION 2. Chapter 5.12 of the Port Orchard Municipal Code is hereby amended to read as follows: SECTION 3. DEFINITIONS. For the purposes of this Chapter, the following terms, phrases, words, and their derivations shall have the meanings given herein. A) "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. 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 ten (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. B) "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. C) "Licensee" means any business granted a business license by the city. Ordinance No. 1665 Page 2 of 10 D) "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. E) "City license officer" is the City Treasurer, her/his designee or any City of Port Orchard Police Officer. F) "Minor" - Any person under eighteen years of age. G) "Nonprofit Organization" means an organization which has been granted nonprofit status by the Secretary of State of Washington or the Internal Revenue Service. SECTION 4. REQUIREMENTS. Any person, firm, or corporation that engages in or carry's 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. All licenses issued pursuant to the provisions of this ordinance shall be posted in a prominent location at the premises where the licensed business, profession, trade or occupation is carried on. SECTION 5. EXEMPTIONS. The following operations shall be exempt from obtaining a business license: A) Any instrumentality of the United States, State of Washington or any political subdivision thereof, with respect to the exercise of governmental functions. B) Any person, firm, or corporation which the City is forbidden to tax by law. C) 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. D) 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. E) 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. Ordinance No. 1665 Page 3 of 10 F) Garage, yard & rummage sales. G) Representatives from businesses located outside the City limits calling on licensed businesses within the City limits for purposes of wholesale business. H) Vendors of books, periodicals, newspapers or others exempted by law. SECTION 6. DISPLAY OF LICENSE - TRANSFERABILITY A) 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 license 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. B) Licenses not transferable. Upon the sale or transfer of any business licensed pursuant to this chapter, the license issued to the prior owner or transferrer 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 7. DISCLAIMER OF CITY LIABILITY. Issuance of a license pursuant to this chapter does not constitute the creation of a duty by the City to indemnify the licensee for any wrongful acts against the public, or to guarantee the quality of goods, services or expertise of a licensee. The issuance of a license does not shift responsibility from the licensee to the City for proper training, conduct or equipment of the licensee or his agents, employees or representatives, even if specific regulations require standards of training, conduct or inspection. Issuance of the license does not exempt the licensee from other required permits or licenses. SECTION 8. PROHIBITED USE. A license hereunder shall not be issued to any person who uses or occupies or proposes to use or occupy any real property or otherwise conducts or proposes to conduct any business in violation of the provisions of any ordinance of the City of Port Orchard or of the statutes of the State of Washington. The granting of a business license shall in no way be construed as permission or acquiescence in a prohibited activity or other violation of the law. SECTION 9. GENERAL QUALIFICATIONS OF LICENSEES. No license shall be issued, nor shall any license be renewed, pursuant to the provisions of this chapter to: Ordinance No. 1665 Page 4 of 10 A) An applicant who is under eighteen 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 Section 14, 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. 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 10. APPLICATION PROCEDURE. A) There is no fee for a city business license. (At this time there will be no application fee, annual fee or renewal fee for a City business license. During the first year, an analysis of implementation costs, ongoing costs and increased sales tax revenue, attributable to corrected reporting, will be done. If the City does not break even on ratio of costs to revenue, fees will be charged in the future.) B) Application for a business license shall be made at the office of the City license officer on a form to be furnished for that purpose. Each such application shall be signed by the person, or other authorized representative of the business, firm or corporation to be licensed. C) A license shall be issued after the application has been fully completed and all applicable ordinances 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. D) Business licenses shall be granted annually, and are due July 1st. E) Neither the filing of a new or renewal application for license shall authorize a person to engage in or conduct business until such license has been granted or renewed. Ordinance No. 1665 Page 5 of 10 F) Any business relocating to another address in the City shall reapply to have a new business license reissued to reflect the new address. G) If more than one (1) business is conducted on a single premises, a separate license shall be required for each separate business conducted, operated, engaged in or practiced. H) A 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 11. RENEWAL. Applications for renewal of business licenses must be completed and returned to the City license officer prior to July 1st of each year. The City license officer shall send a renewal notice to each licensee at the last address provided to the City. Failure of the licensee to receive any such form shall not excuse the licensee from making application for and securing the required renewal license. A business license shall expire on June 30th of the year following issuance, if not renewed as described herein. A penalty of ten dollars ($10) per month, which shall not be prorated, shall be assessed on any delinquent license renewal which has not been made on or before August 1st of any year. SECTION 12. LICENSES FOR BUSINESSES LOCATED OUTSIDE CITY LIMITS. Businesses located outside the City conducting mobile direct retail sales and/or mobile service (repairs, tool sale vans, etc.) shall apply for a business license. Peddlers and hawkers shall apply for a business license. Businesses whose activities require a permit issued under the jurisdiction of the Uniform Building Codes shall apply for a business license. SECTION 13. LICENSE APPROVAL OR DENIAL. The City license officer shall issue business licenses to all persons who submit an application and are qualified under the requirements of this chapter and shall: A) Submit all applications to the planning department, building department, fire marshal, public works department, utility department and police department for their endorsements as to compliance by applicant with all City regulations which they have the duty of enforcing. B) A business license shall be issued ten (10) calendar days after the completed application has been filed. C) A business license shall only be issued if none of the conditions listed in Section 14(A)(1) through (6) exist or apply to the license applicant or premises proposed to be licensed. D) The City license officer shall notify the applicant in writing by mail, return receipt requested, of the denial of the application and the grounds therefor. Within fifteen (15) calendar days after the City license officer's decision, the applicant may request an appeal and hearing before the City Ordinance No. 1665 Page 6 of 10 Council, by filing a written notice of appeal and paying the appeal fee of two hundred dollars ($200). 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. E) 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 14. SUSPENSION OR REVOCATION PROCEDURE. A) In addition to the other penalties provided herein or by law, any business license issued under the provisions of this chapter may be revoked or suspended, should any or all of the following conditions apply: 1. The license was procured by fraud, false representation, or material omission of fact; or The licensee or any of its employees, officers, agents or servants, while acting within the scope of their employment, violates or fails to comply with any of the provisions of this chapter; or 3. The licensee's continued conduct of the business for which the license was issued has or will result in a danger to the public health, safety or welfare, or the violation of any federal or state law or any ordinance or regulation of the City; or 4. The licensee has been convicted in any court of violating any federal, state or city statute, law, regulation or ordinance upon the business premises stated in the license; or 5. The place of business does not conform to City ordinance; or The license is being used for a purpose different from that for which it was issued. B) Whenever the City license officer determines that there is cause for suspending or revoking any license issued pursuant to this chapter, the officer shall notify the person holding the license by mail, return receipt requested, of the determination. Notice mailed to the address on the license shall be deemed received three days after mailing. The notice shall specify the grounds for suspension, denial or revocation. Ordinance No. 1665 Page 7 of 10 C) The licensee may appeal the decision of the City officer to deny or revoke a business license by filing a written notice of appeal to the City Council and paying the appeal fee of two hundred dollars ($200) within fifteen (15) calendar days of the City license officer's decision. D) Upon timely receipt of the notice of appeal, the City license officer shall set a date for hearing the appeal. The City license officer shall mail notice of the date of the hearing to the licensee at least fifteen (15) calendar days prior to the hearing date. E) The hearing shall be de novo. The City Council may affirm, reverse or modify the City license officer's decision. The appeal fee shall be refundable only if the City Council finds in favor of the applicant. F) The decision of the City Council shall be final. Any person desiring to appeal must file the appropriate action in Kitsap County Superior Court within fifteen (15) calendar days of the City Council's decision. G) It is unlawful for any such person whose city business license has been revoked or suspended to continue operation of the business enterprise, or to keep the license issued to him/her in his/her possession and control, and the same shall immediately be surrendered to the City license officer. Following revocation, no business license shall be issued for a period of twelve months to the person or business entity whose license was revoked, or to any business entity owned or controlled by such person or entity. SECTION 15. EXERCISE OF POWER. This ordinance shall be deemed an exercise of the power of the City to license for revenue and regulation, and nothing in this ordinance shall be construed to repeal or affect any other ordinance of the City which purports to regulate some business or activity pursuant to the general police power of the City, notwithstanding the fact that such ordinance may or might contain provisions relating to the licensing of such activity. SECTION 16. INSPECTIONS - RIGHT OF ENTRY. A) The City license officer or any Police officer is authorized to make such inspections and take such action as may be required to enforce the provisions of this ordinance. B) Whenever necessary to make an inspection to enforce any of the provisions of this ordinance, or whenever a City license officer has reasonable cause to believe that a licensee is operating in violation of this ordinance, a license officer may enter the licensee's place of business at all reasonable times to inspect the same or perform any duty imposed on the license officer by this ordinance, provided that: Ordinance No. 1665 Page 8 of 10 1. If the place of business is occupied, a license officer shall first present proper credentials and demand entry; and 2. If the place of business is unoccupied, a license officer shall first make a reasonable effort to locate the licensee or other persons having charge or control of the place of business and demand entry; and 3. If entry is refused, a license officer shall have recourse to the remedies provided by law to secure entry. SECTION 17. NOTICE AND ORDER. A) Issuance. The City license officer shall issue a notice and order, directed to the licensee or owner of the premises determined to be in violation of any of the terms and provisions of this ordinance. The notice and order shall contain: ' 1. The street address, when available, and a Kitsap County tax account number for identification of the premises upon which the violation has occurred; 2. A statement that a license officer has found the conduct of the licensee or condition of the premises to be in violation of this ordinance, with a brief and concise description of the conditions found to render such licensee or premises in violation; 3. A statement of any action required to be taken to comply with this ordinance, as determined by a City license officer. If the license officer has determined to assess a civil penalty, the order shall require that the penalty shall be paid within a time certain from the date of order; 4. A statement of any action taken by a City license officer; 5. Statement advising (a) that the person may appeal from the notice and order to the City Council, provided that the appeal is made in writing as provided in this ordinance and filed with the City license officer within fifteen (15) calendar days from the date of service of such notice and order; and (b) the failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter. B) Method of Service. The notice and order shall be served upon the licensee either personally or by mailing a copy of such notice and order by mail, return receipt requested, to such licensee at his/her address as it appears on the most recent Ordinance No. 1665 Page 9 of 10 business license application. The failure of any person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by mail in the manner herein provided shall be effective on the date of mailing. C) Appeals. Appeals of any notice and order and any penalty imposed hereunder may be brought by any person entitled to service of the notice and order within fifteen (15) calendar days after service of the notice and order. Such requests for an appeal and hearing shall be filed with the City license officer, and be accompanied by the appeal fee of two hundred dollars ($200). The City license officer shall notify the applicant by mail of the time and place of the hearing before the City Council. The appeal fee shall be refundable only if the City Council finds in favor of the applicant. SECTION 18. CIVIL PENALTY. A) 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 ordinance as follows: 1. 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 five hundred dollars ($500) for every 30 day period in violation. This penalty shall not apply to business enterprises failing to renew their business license as set forth in subsection 2 below. 2. Operation of Business After License Expiration. Failure to renew the license within thirty (30) days after the date of expiration shall subject the licensee to the penalty set forth in Section 11 to reinstate the license. 3. Violations of the Business License Ordinance. The penalty for violations of this ordinance shall be assessed by the City license officer in an amount not to exceed five hundred dollars ($500). B) The City license officer may vary the amount of the penalty to be assessed in subsections A(1) and A(3) above, 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. Ordinance No. 1665 Page 10 of 10 SECTION 19. CRIMINAL PENALTIES. Any person violating or failing to comply with any of the provisions of this business license ordinance and who has had a civil penalty entered against him or her pursuant to Section 18 within the past five years, shall be subject to criminal prosecution and upon conviction of a subsequent violation, shall be fined in a sum not exceeding one thousand dollars ($1,000). Each day of noncompliance with any of the provisions of this ordinance shall constitute a separate offense. SECTION 20. ADDITIONAL RELIEF. The City license officer may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of this ordinance when civil or criminal penalties are inadequate to effect compliance. SECTION 21. SEVERABILITY. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared unconstitutional or invalid for any reason, such invalidity shall not affect the validity or effectiveness of the remaining portions of this ordinance. SECTION 22. EFFECTIVE DATE. This ordinance shall take effect five (5) days after its passage, approval and publication as required by law, except that the provisions herein shall not become enforceable until July 1, 1997. PASSED by the City Council of the City of Port Orchard, signed by the Mayor and attested by the City Clerk in authentication p such passage this 10th day of March, 1997. // LESLIE J.`WEATHERILL, MAYOR ATTEST:' / Patricia Parks, City Clerk APPROVED AS TO FORM: SPONSORED BY: ty Attorney Councilman Morrison 40) 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 March 10, 1997. ORDINANCE NO. 1665 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON REPEALING ORDINANCES NO. 960, 949 AND 784 AND ADOPTING GENERAL BUSINESS LICENSING, DESCRIBING THE PROCESS FOR BUSINESS LICENSE APPLICATION, REVIEW, APPROVAL AND APPEALS, DEFINING VIOLATIONS AND PROVIDING PENALTIES. Copies of Ordinance No. 1665 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. 1665 will be provided at a nominal charge. City of Port Orchard Michelle Hager Deputy Clerk Publish: Port Orchard Independent March 19, 1997