Loading...
HomeMy WebLinkAboutO-1498 - Repeals and replaces Ch. 5.02, business licenses (Repealed by 3101)"~-'.xc.::2.aDDk-PlA..b, 3A-WC CITY OF MARYSVILLE Marysville,washington ORDINANCE NO.I yge AN ORDINANCE OF THE CITY OF MARYSVILLE REPEALING CHAPTER 5.02 OF THE MARYSVILLE MUNICIPAL CODE ("BUSINESS OCCUPANCY PERMITS"),AND ENACTING A NEW CHAPTER 5.02 RELATING TO BUSINESS LICENSES. THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,DO ORDAIN AS FOLLOWS: SECTION 1:Chapter 5.02 of the Marysville Municipal Code, entitled "Business Occupancy Permits"and all sections thereof, are hereby REPEALED for reason that the same are superseded by the following provisions of this ordinance. SECTION 2: A new Chapter 5.02 of the Marysville Municipal Code is hereby enacted to provide as follows: CHAPTER 5.02 BUSINESS LICENSES Section 5.02.010 Definitions.Except as otherwise expressly declared or clearly apparent from the context in which used,the following definitions shall be applied in construing the provisions of this chapter: A.Person.The term "person"means one or more natural persons of either sex,corporations,partnerships,associations or other entities capable of having an action at law brought against such entity,but shall not include employees of persons licensed pursuant to this chapter. B.Business.The term "business"means all services, activities,occupations,pursuits or professions located and/or performed within the City with the object of pecuniary gain, benefit or advantage to the person,or to another person or class,directly or indirectly,whether part-time or full-time. This definition includes,without limitation,home occupations, peddlers,hawkers,and the rental of four or more residential dwelling units.It also includes the activities of businesses which are located outside the City where sales or services are solicited by the physical presence of business representatives inside the City.Businesses which are exempt from this chapter are specified in section 5.02.030 below. Section 5.02.020 Business License Required.It is unlawful for any person to conduct,operate,engage in or practice any business in the City without having first obtained a business license from the City.If more than one business is conducted on 1 .,. \"" a single premise,a separate license shall be required for each separate business conducted,operated,engaged in or practiced. Section 5.02.030 Exempt Businesses.The following businesses shall be exempt from the licensing provisions of this chapter: A.Non-profit activities carried on by religious, charitable,benevolent,fraternal or social organizations. B.Public utility companies. C. Any instrumentality of the United States,State of washington,or political subdivision thereof with respect to the exercise of governmental functions. D.National banks,state banks,trust companies,mutual savings banks,and building and loan associations,with respect to their banking business,trust business,or savings and loan business. E.Farmers or gardeners selling their own unprocessed farm products raised or grown exclusively upon lands owned or occupied by them. F.Garage sales conducted on residential premises in compliance with the City zoning code. G.Businesses which are licensed pursuant to other chapters in the Marysville Municipal Code. H.Businesses where the sale,or contract for services, occurred on business premises outside of the City,and the only event occurring within the City was the mere delivery of the goods or services to the customer or client. I.Any business which is owned and operated by a person under the age of 18,and which does not generate a net income of more than $1,500 per year. J.Any business which operates only during the annual Strawberry Festival,and which is authorized by the entity which holds the Strawberry Festival Master Permit. Section 5.02.040 Application Procedure. A.No business license shall be issued or renewed except upon written application made to the City Clerk.Each application shall be signed by the person who intends to conduct, operate,or engage in the business for which the license is to be issued,and shall state the nature of the business,its proposed address and telephone number,the names and addresses of all 2 owners of the business (or their registered agent),and such other information as may be required by the City Clerk.A non- refundable application fee,in an amount equal to the annual license fee,shall accompany the application.In the event that the license is granted,the application fee shall be credited toward payment of the annual license fee. B.If the applicant is a partnership,the application must be made and signed by one of the partners;if a corporation,by one of the officers thereof;if a foreign corporation, partnership or non-resident individual,by the resident agent or local manager of the corporation,partnership or individual. C.If the business premises are to be located on property owned by another person,the application shall include written evidence of the property owner's consent. D. The City Clerk shall forward copies of all applications to appropriate city officials for their endorsements thereon as to compliance by the applicant with all City regulations under their jurisdiction.Based upon such endorsements,and based upon the City Clerk's investigation into all matters deemed necessary and appropriate,the City Clerk shall approve or deny the license application within thirty (30)days of the same being sUbmitted. E.If an application is denied,the reason for denial shall be stated in writing.The applicant shall have a period of ten (10)days after a license denial to appeal the same to the City Council.Upon receiving such an appeal,the City Council shall hold a public hearing to consider whether or not the license should be issued.The applicant shall be given not less than seven (7)days advance notice of the hearing.The decision of the City Council shall be final,subject only to an appeal filed with the snohomish County superior Court within fourteen (14) days following the date of such decision. F.Neither the filing of an application for a license or the renewal thereof,nor any payment of any application or renewal fee,shall authorize a person to engage in or conduct a business until such license has been granted or renewed. Section 5.02.050 Term Of License.All business licenses issued pursuant to the provisions of this chapter shall be valid until July 1st of the year following the year of issuance;and all renewals thereafter shall be for a period of one calendar year commencing on July 1st of each year. Section 5.02.060 Procedure for Renewing Licenses.All business licenses issued pursuant to the provisions of this chapter shall be renewed by following the same procedure as required for the original applications. 3 Section 5.02.070 Fees--Penalty. A. The fee for each business license required by this chapter,and each renewal thereof,shall be $20.00 per year. Provided,that businesses operating for a short term only may be permitted the option of paying a business license fee of $5.00 per day in lieu of the annual fee. B.There shall for each thirty (30) renewal fee is due. fee. be assessed a late payment penalty of $5.00 days of delinquency after a license fee or This penalty shall be added to the license C. Any business relocating to another address in the City shall pay an administrative transfer fee of $5.00 to have its business license re-issued to reflect the new address. Section 5.02.080 Ineligible Activities.Notwithstanding any other provisions of this chapter,a license hereunder may not be issued to or held by 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 or the statutes of the State of Washington or any other applicable law or regulation.The granting of a business license shall not authorize any person to engage in any activity prohibited by a federal,state or local law or regulation. Section 5.02.090 Standards of Conduct.Every licensee under this chapter shall: A.Permit reasonable inspections of the business premises by governmental authorities for the purpose of enforcing the provisions of this chapter. B.Comply with all federal,state and city statutes,laws, regulations and ordinances relating to the business premises and the conduct of the business thereon. C.Refrain from unfair or deceptive acts or practices,or consumer fraud,in the conduct of the business,and avoid maintaining a public nuisance on the business premises. D.Refrain from operating the business after expiration of a license or during the period that the license may be suspended or revoked. Section 5.02.100 New Location.A licensee shall have the right to change the location of the licensed business.Prior to such a change,the licensee shall notify the City Clerk,in writing,and shall pay the administrative transfer fee specified above. 4 ."J .. ' •...~;..'... Section 5.02.110 Revocation or Suspension of License-- Grounds.The City Council may,at any time,suspend or revoke any license issued under the provisions of this chapter whenever the licensee,or any manager,officer,director,agent or employee of the licensee,has caused,permitted or knowingly done any of the following: A.Violated any federal,state or city statute,law, regulation or ordinance upon the business premises,or in connection with the business operation,whether or not any party has been convicted in any court of competent jurisdiction of such violations;or B.Conducted,engaged in or operated the business on premises in the City which do not conform to the ordinances of the City;or C.Engaged in unfair or deceptive acts or practices in the conduct of the business,or operated the business in such a manner as to constitute a public nuisance;or D. Made any material false statement or representation,or failed to disclose any material information to the City in connection with obtaining the business license or any renewal thereof. Section 5.02.120 Hearing Required.Whenever the City Clerk determines that there may be cause for suspending or revoking any license issued pursuant to this chapter,the Clerk shall notify the person holding said license by registered or certified mail, return receipt requested,of his 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 or revocation.The notice shall also specify that a hearing shall be conducted by the City Council at a time and date denominated in the notice to determine whether or not the license should be suspended or revoked.The notice shall be mailed to the licensee at least seven (7)days prior to the date set for the hearing.The licensee may appear at the hearing and be heard in opposition to such suspension or revocation.The decision of the City Council shall be final,subject only to an appeal filed with the Snohomish County Superior Court within fourteen (14) days following the date of such decision. Section 5.02.130 Sale or Transfer of Business--New License Required.Upon the sale or transfer of any business which is licensed pursuant to this chapter,the license issued to the prior owner shall automatically expire on the date of such sale or transfer and the new owner shall apply for and obtain a new business license prior to engaging in,conducting or operating the business. 5 ·'"'t,. ..t'"':'....... Section 5.02.140 Penalties for Violation. A.Violations of,or failure to comply with,any prOV1S1on of this chapter,shall constitute a civil infraction and any person found to have violated any provision of this chapter is punishable by a monetary penalty of not more than $100.00 for each such violation.Each day that a violation continues shall constitute a new and separate infraction. B. The imposition of a penalty for violation of this chapter shall be in addition to any other penalties provided for in any other ordinances of the City or any other ordinances or laws applicable to the violation,and any premise upon which a business is operated in violation of this chapter is hereby declared to be a public nuisance. C.Any license fee or penalty which is delinquent or unpaid shall constitute a debt to the City and may be collected by a court proceeding in the same manner as any other debt in like amount,which remedy shall be in addition to all other existing remedies. D. The City shall not enter into any contract or conduct any trade or commerce with any business which fails to comply with this chapter. SECTION 3.The effective date of this ordinance shall be July 1,1987. PASSED b¥:the City Council and APPROVED by the Mayor this .1£L..day of ~11E.M13€-R..,1986. Att Approved As To F~ By-Q4 ...~~cr;Y-A~ 6 CITY OF MARYSVILLE Marvsllille,Washingtoo ORDINANCE.NO,1498 AN ORDINANCE,DF THE CITY OF MARYSVILLE REPEALING CHAPTER 5,02 OF THE MARYSVILLE MUNIClPAL CODE ("BUSINESS OCCUPANCY PERMITS"), AND ENACTING A NEW CHAPTER 5.02 RELATING TO BUSINESS LICENSES THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,00 OR DAIN AS FOLLOWS SECTION 1:Chapter 5.02 ot the Marvsville Municipal Code,entitled "Business Oc cucancv Permit's"and <,IIsections thereof,are nerebv REPEALED tor reason that the same are superseded by the following crcv.etcns Of this ordinance SECTION 2;A new Chapter 5.02 of the MarySllilie Municipal Code is hereby enacted to provide as follows CHAPTER 5.02 BUSINESS LICENSES Section 5,02,010 Definitions,Except as otherwise expressly declared or clearly ap parent from the context in which used,the following definitions shall be applied in con strumg the prevtstons 01 this cnacter A,Person.The term "person"means one or more natural persons of either sex,cor' ccreuoos.partnerships,associations or other entitles capable of ha'Jing an action at law brO\Jght against such er"llity,but shall not tnctuoe ernnrovees of persons licensed pursuant to this chapter B.Business.The term"oostness-means all services,activities,occupations,pursuits or professions located and/or performed within the Cit.,..with the object 01 oecunterv gain,benefit or acventece to the person,or to another person or class,directly or in directly,Whether cer tttroe or full-time.This definition includes,wnncot umuettco. home occupations,peddlers,hawkers,and the rental of four or more residential dwelling unit:.,It also Includes the activities of bustneees which are located outside the City where sales or services are solicited by the physical presence of business recresenteuves inside The City.Businesses wntcf are exempt from this chapter are specified in Section 5,02.0)0 below secnce 5.02.020 Business License Required.It is unlawful for any person to conduct, operate,engage in or practice any business-in the Cify without hiwing first obtained a business license from the City.II more than one business is conducted on a single premise,a separate ttcense shall be recurred tor each separate business conducted, operated,engaged in or practiced Section 5.02.030 Exempt.8\Jsinesses.The toflowinq businesses snail be exempt from The licensing provisions of tnts chapter: A,Ncnpr-otf t acttvtnes carried on by reuercus.charitable,ceoevctent.fraternal or social organizations B.Public utilit.,..companies. C.Any instrumentality of the United States,State of westuncton.or political succnv! ston thereof with r-espect to the exercise of governmental functions. D.National banks.state banks,Irust ccmcerues.mutual sailings banks,and building and loan associations,with respect to their banKing business,trust business.or sailings and loan business E,Farmers or gardeners selling their own unprocessed farm products raised or grown exclusively upon tends owned or occupied by tnern F,Garage sates conducted on residential premises in compliance wilt>the City zonin9 code G Businesses which are licensed pursuant to other chapters ir"l the MarySville Municipal Code H.Businesses where the sale,or contract for services,occurred on business premises ovtstee of the City,and the only event occurring within the City was the mere delivery 01 HTe goods or services to the customer or client. I.Any oostnese wntcn is owned and operated by a person under the age of 18, and which does not generate a net income at more than 51,500 per year. J.Any business which operates only during the annual Strawberry Pesnvet.and wntcn is authorized by the enfity which holds the streweerrv sesnve!Master PermiT Section 5,02.1'40 Appliciltittn Procedure. A. No business license shall be Issued or renewed except upon written eccuceuoo made 10 the City Clerk.Each application shall be signed by the person whO intends to conduct,operate,or engage in the business for Which the-license is to be issued,and shall state the nature of the business,its proposed address and telephone number.the names ilnd addresses 01 all owners of the business (or their registered acenn.and such other in tcrrnenon as may be required by the City Clerk.A ncn-retunceme application fee, in an amount eouat to tne annual license fee,shall accompany the application.In the event that the ucense is granted,the application lee shall be credited toward payment of the annual license fee. B, II the applicant is a certner sn ip,the eppucetton must be made and signed by one 01 the partners;if a corporation,by one of the officers.thereof;il a foreign corporation, partnership or ocnrestcent indillidual,by the restcent agent or local manager Of the cor ccr-attcn.parlnership or indillidual. C. If the business premises are to be located on property owned by another person,the ecpucettoe shall include written evidence of the properly owner's consent. D. The City Clerk snautorware copies of all applications to appropriate cit.,..officials for their eneorsements thereon as to compliance by the applicant with all Cily regula' lions under their jurisdiction.Based upon such endorsements,and based upon tne City Clerk's mvesttqatton tnro all matters deemed necessary and appropriate,the Ci ty Clerk shall approve or deny the ucense application within tnirty (30)days of the same being SUbmitted. E,If an application is denied,the reason for denial shall b'e stated in writing.rne aeon- c~nt s.hal!have a period .Of,ten (10)days after a license denial to appeal the same TOtne cuv cconcu.Upon receiving such an appeal The same to the City Council sneu hoid a public he~ring to consider whether or nol the license should be issued.The applicant shall be given not less tnan seven (1)days advance notic~Of the hearing.The decision of the City Counc:ii shall be final,subject on I.,..to anaopea!filed with the SnohomiSh County Superior Court within tocrteen (141 days tcucw.nc the date of such decision. F.Neither the filing of an application for a license or the renewal thereof.nor anv pay. rnenr 01 any application or renewal fee,sl1all authorize a person to engage in or conduct a bus mess unTil even license has been granted or renewed Section 5.'02.050 Term Of License.All business licenses issued pursuant 10 the provi· stcns of this chapter shall be veuc untll July tst of the year following the veer of ts. suance, and all renewals thereafter shall be for a period Of one calendar year commenc ing on.Jutv 15'of each year Section 5.Q2.060 Procedure for Renewing Licenses.All business licenses iss\Jed pur suant to the provisions of 1tlis chapter shall be renewed by touowinq the same procedure as requtrec for the original applications Section 5.02.010 Fees--Penalty. A. The fee for each business license required by this chapter.and each renewal the real,shall be $20.00 per year,Provtoed,Ihal businesses operating for a short ter-m on. Iy may be permitted the cotton 01 paying a business license fee of $5.00 per day In lieu of the annual fee B.There shall tie assessed a late payment cenartv of $5.00 for each thirty (31l)days of oeunquencv after a license fee or renewal fee IS due.rr-rs penalty shall be added to Ihe license fee e.Any business relocating.to another address in the City s~all pay an administrative transter fee of $5_00 to have Its bustness license re-issued to reflect the new address. Section 5.02.080 Ineligible Activities.Notwithstanding any other 'Provisions of this chapter,a license hereunder may not be issued 10 or held by ar"ly person who uses or oc cuptes or proposes _touse or occupy any rea I property or otherwi,se conducts or proposes to COr"ldUCIany business ir'l vtcraucn of the provisions.of any ordinance of the City or the statutes of Ihe Stale of wesmnatcn or any other applicable law or regulation,The gran ting of a business license shall not authorize any person to engage in ilny activity pro hibited by a federal,state or local law or regulation. Section 5.02.090 Standards of Cond\JCI.Every licensee under this chapter shall: A.Permit reasonable inspections 01 the business premises by ccver-nmente t authorities for the purpose of entorcf nc the crovtstons of this chapter. B.Comply With all teceret.state and city statutes,laws,resurenons and ordinances relating to the business premises and the conduct of Ihe busfness thereon C.Refrain from unfair or deceptive ects or practices,or consumer treuo.in the con duct of the business,ano avoid maintaining a public nuisance on IhE~business premises D.Refrain from operating the business after expiration ot a license or during the period that the license may be suspended or revokeo , Section 5,02.100 New Location.A licensee shall have the right to change tile location of the ucenseo business.Prior to such a change,the licensee shall nottttv me cav Clerk,in writing,and 'Shall pay tno administrative tr-ansfer tee specmad above. Section 5.02.110 Revocation or Suspension of License-·Grounds.The City Council may, at any time,svspeoc or revoke any license issued under the provisions of this chapter whenever the licensee,or any manager,officer.director,agent or employee of tile licensee,has caused,per-mitted or ",nowingly done any of the following' A,ViOlated any federal,state or city statute,law,reaureuco or crornance upon the business premises,or tn coonec tton With the business ccereuco.whether or not any par- tv has been convictec in any court of competent jurisdiction of such vloteuons.or B.Conducted,engaged in or operated the business on premises in the City which do not conform to the ordinances of the City;or C.Engagged in unfair or deceptive acts or practices in the conduct of the business,or operated the business in svcf a manner as to constitute a public nuisance:or D,Made any material terse statement or representation,or failed To disclose any material rntormatton to the City in connection wilh obtaining the business license or any renewettnereer Section 5.02.120 Hearing Re-q\,lired.Whenever the City Clerk determines that there may be cause for s~spending or rello~ing any ,license issued pursuant to this chapter,the Clerk shall notuv the person hOlding said ucense bv registered or certified meu.return receipt requested.of tus determination.Notice mailed to the seeress on the license shall be deemed r ecerveo three days after mailing.The notice shall specify tne grounds for svsceostcn or revocancn.The notice ens II also specify tnet a hearing shall be conducted by the City Council et.e lime and dale denominated in the notice to determine whether or not the license Should be suspended or r-evoked.The notice Sh,31lbe mailed to Ihe licensee at least seven (7)days.prior fo the date set for the hearing.The licensee may appear at the hearing and be heard in opposition to such suspension or revocation.The decision of the City Council shall be final,subject only to an appeal filed with The Snohomish County Superior court wrthro tootteen ;141 days following the date of such decision Section 5.02,130 Sale or Transfer of Business--New License Required.Upon the sere or transfer of any business whictl is licensed pursuant to thi'50chapter,the license tssuec 10 the prior owner shall automatically expire on the date 01 sucf sale or transfer'and The new owner shall apply for and Obtain a new ousiness license prior to engaging in,conduc ting or operating the business SecTion 5.02.140 Penalties for Violation. A.ViOlations of, or failure 10 comply With.any prollision of this chapter,shalt can stitute a civil infract,on and any person found to have 'Jiola1ed ilny provision of this chapter is punisrlable oy 3 monetary pellalty of not more than $100.00 for each such viola tion,Each day Ihat a 'Jiolation continues shall Consfitute a new and separate infraCTion B.The imposition of il penalty lor violaljon of 1his chapter shall be in addition to any other pen,3lties pro'Jided for in any other ordinances 01 the City or'any other ordinances or laws applicable to tht'violation,and any premi!>e upon which a business is operated in violation of this chapter is herebl'declared 10 be a public nuisance. C.Any Iicense fee or penal ty which is de~inQuellt or unpaid sha II conslilute a debt to the City and may be COllected by a court proceeding in the same manner as any other debt in like amounL Which remedy ,,;hall be in addilion to all other exis.ting remedies D.The Cily shall flot enter into any contracl or conduct ,'lily trade or commerce wiTh an,'business WhiCh failS to comoly wilh this cl1apter SECTION 3.The eflectill€'date of this orcinance shall be .JUly 1, 1987. PASSED bl the City Council and APPROVED by the Mayor this 10th day of November,1986 CITY OF MARYSVILLE By s/Norman Anderson.Mayur AtteST:By s/Phillip E.Dexter,City ClerK Approved As To Form:~lr'James H.Allendoerfer,City AHorneyPubli<;hed Novem__b__"_'_'_,'_"_'.. STATE OF WASHINGTON, County of Snohomish, ss, No._ -..LjJlcl~LW~_b§.tex ..•being first duly sworn on oath deposes and says thatsheis the_l3~..c_r_e:~~rL ....._ of THE MARYSVILLE GLOBE,a weekly newspaper. That said newspaper is a legal newspaper which has been ap- proved by order of the Superior Court in Snohomish County June 18. 1962 in compliance with Chapter 213 of Washington Laws of 1941,and it is now and has been for more than six months prior to the date of the publication hereinafter re- ferred to,published in the English language continually as a weekly newspaper in Marysville,Snohomish County,Wash- ington,and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper.That the annexed is a true copy of a -------_Q~~!!:~?_C_~_~~~?~as it was published in regular issues (and not in supplement form)of said newspaper once each week for a period of _.9!1_e con- secutive weeks.commencing on the __])_~~_day of _~:,~~~_b_~r 19Bp__.and ending on the _~?~~day of ~_o_~:~~:;19~~__, both dates inclusive.and that such newspaper was regularly distributed to its subscribers during all of said period.That the full amount of the fee charged for the foregoing publi- cation is the sum of ~_3'p_4_._QQ ,which amount has been paid in full ----~--~~~------------- Subscribed and sworn to before me this ---------~1!'..·dayof -.Ll([P:..0?1...J!-:!t!~.19_~. ~~t.;;·~·;~~~~~~.···.· Residing at Marysville.