HomeMy WebLinkAboutO-2744 - Amends Ch. 5.02, business licenses (Repealed by 3101) (2)CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO'd-'1./4..
AN ORDINANCE OF THE CITY OF MARYSVILLE AMENDING PORTIONS
OF MARYSVILLE MUNICIPAL CODE CHAPTER 5.02 RELATING TO
BUSINESS LICENSES AND PROVIDING FOR SEVERABILITY.
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1.Marysville Municipal Code Chapter 5.02 is amended to read as follows
Chapter 5.02
BUSINESS LICENSES
Sections:
5.02.0I0 Definitions.
5.02.020 Business license required.
5.02.030 Exempt businesses.
5.02.040 Application procedure.
5.02.045 Procedures for issuance or denial oflicense.
5.02.050 Term of license.
5.02.060 Procedure for renewing licenses.
5.02.070 Fees - Penalty.
5.02.080 Ineligible activities.
5.02.090 Standards ofconduct.
5.02.100 New location.
5.02.1] 0 Suspension or revocation oflicenses.
5.02.130 Sale or transfer of business - New license required.
5.02.140 Penalties for violation.
5.02.010Definitions.
Except as otherwise expressly declared or clearly apparent from the content in which
used, the following definitions shall be applied in construing the provisions ofthis
chapter:
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(I)"Person"means one or more natural persons ofeither sex,corporations,partnerships,
associations or other entities capable of having an action at law brought against such
entity, but shall not include employees ofpersons licensed pursuant to this chapter.
(2)"Business"means all services, activities,occupations,pursuits or professions located
and/or performed within the city with the object ofpecuniary 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 offour or more residential dwelling units.It also includes the
activities ofbusinesses which are located outside the city where sales or services are
solicited by the physical presence ofbusiness representatives inside the city, and it
includes general and specialty contractors with offices outside the city who do work on
property located inside the city.Businesses which are exempt from this chapter are listed
in MMC 5.02.030. (Ord. 1717, 1989; Ord. 1498 §2, 1986).
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.Ifmore than one
separate business is conducted on a single premises, a separate license shall be required
for each such business.Ifa business actively operates from more than one location in the
city, a separate license shall be required for each location. (Ord. 1718, 1989; Ord. 1498 §
2, 1986).
5.02.030 Exempt businesses.
The following businesses shall be exempt from the licensing provisions ofthis chapter:
(l)Nonprofit activities carried on by religious,charitable,benevolent,fraternal or social
organizations;
(2) Public utility companies;
(3) Any instrumentality ofthe United States, state ofWashington, or political subdivision
thereofwith respect to the exercise ofgovernmental functions;
(4)National banks, state banks, trust companies,mutual savings banks,credit unions and
building and loan associations,with respect to their banking business, trust business, or
savings and loan business;
(5) Farmers or gardeners selling their own unprocessed farm products raised or grown
exclusively upon lands owned or occupied by them;
(6)Garage sales conducted on residential premises in compliance with the city zoning
code;
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(7)Businesses where the sale, or contract for services,occurred on business premises
outside ofthe city, and the only event occurring within the city was the mere delivery of
the goods or services to the customer or client;
(8) Any business which is owned and operated by a person under the age of 18, and
which does not generate a net income ofmore than $1,500 per year;
(9) Any business which operates only during the annual Strawberry Festival, and which is
authorized by the entity which holds the Strawberry Festival Master Permit;
(10) Any business which sublets or purchases space from a farmer's market where the
sponsor leases property owned by the city ofMarysville;provided, the sponsor/lessee
shall not be exempt from the business license requirements ofthis chapter. (Ord. 2618
§1,2006;Ord. 2437, 2002; Ord. 1701 §I,1989; Ord. 1498 §2,1986).
5.02.040 Application procedure.
(1) No business license shall be issued or renewed except upon written application made
to the City ofMarysville Community Development Department or designated licensing
official. 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 ofall
.owners ofthe business (or their registered agent), and such other information as may be
required by the City ofMarysville Community Development Department or designated
licensing official. A nonrefundable 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 ofthe annual license fee.
(2)Ifthe applicant is a partnership, the application must be made and signed by one of
the partners;ifa corporation,by one ofthe officers thereof;ifa foreign corporation,
partnership or nonresident individual, by the resident agent or local manager ofthe
corporation,partnership or individual.
(3)Ifthe business premises are to be located on property owned by another person, the
application shall include written evidence ofthe property owner's consent.
(4)Ifthe applicant or the business applying for a license is regulated,licensed or certified
by any other governmental agency or professional association,the application must
include written evidence ofgood standing with said regulatory authority. In such cases
the continuing validity ofthe city business license shall be conditioned upon compliance
with the requirements ofthe regulatory authority.
(5)Neither the filing of an application for a license or the renewal thereof,nor any
payment ofany application or renewal fee, shall authorize a person to engage in or
conduct a business until such license has been granted or renewed. (Ord. 1751 §§1,2,
1990; Ord. 1701 §I, 1989; Ord. 1498 §2,1986).
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5.02.045 Procedures for issuance or denial oflicense.
After receiving a complete application for a business license the city shall follow the
following procedures:
(I)The City ofMarysville Community Development Department or designated licensing
official shall forward copies ofthe application to appropriate city officials for their
comments regarding compliance with regulations under their jurisdiction.The City of
Marysville Community Development Department or designated licensing official shall
consider all materials and comments submitted and shall issue or deny the license within
20 working days after the date on which a completed application was filed unless the
applicant agrees to an extension ofsaid time period in writing.
(2) A business license may only be denied by the City ofMarysville Community
Development Department or designated licensing official on one or more ofthe following
grounds:
(a)Ifthe business or the premises on which it is located do not comply with all applicable
regulatory codes ofthe city, the Snohomish health district and the state ofWashington;
(b)Ifthe application is incomplete or ifit contains any material misrepresentation;
(c)Ifthe application does not propose adequate measures for the protection ofpublic
health, safety and welfare in terms ofpedestrian and vehicular traffic control, security,
avoidance ofpublic nuisances and avoidance ofconsumer fraud.
(3)Ifthe City ofMarysville Community Development Department or designated
licensing official denies a license,written notice ofsaid denial, stating the reasons
therefore,shall be sent to the applicant within one working day thereafter. The applicant
shall have a period of 10 working days after the date oflicense denial to appeal the same
to the City's Hearing Examiner.Upon receiving written notice ofappeal the Hearing
Examiner shall hold a public hearing within 21 days thereafter to consider, de novo,
whether to issue or deny the license. The applicant shall be given not less than seven
days'advance written notice ofthe hearing. The decision ofthe Hearing Examiner shall
be announced at the conclusion ofthe hearing and shall be final,subject only to a petition
for writ ofcertiorari being filed with the Snohomish County Superior Court within 14
days following the date ofthe Hearing Examiner's decision. (Ord. 1751 §3, 1990; Ord.
1701 §2, 1989).
5.02.050 Term oflicense.
All business licenses issued pursuant to the provisions ofthis chapter shall be valid for a
period ofone year after the receiving date is stamped on the application at City Hall; all
renewals thereafter shall be for a period ofone year commencing on the anniversary of
said receiving date. (Ord. 1701 §3,1989;Ord. 1498 §2,1986).
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5.02.060 Procedure for renewing licenses.
All business licenses issued pursuant to the provisions ofthis chapter may be renewed by
following the procedures specified above for original applications; provided, that
application forms for renewals may be abbreviated by only requesting updated or
changed information. (Ord. 1701 §4,1989;Ord. 1498 §2,1986).
5.02.070 Fees-Penalty.
(I)The annual fee for each business license required by this chapter, and each renewal
thereof, shall be as follows:
(a) All new businesses: $50.00;
(b) Renewals: $40.00;
(c)Short-term businesses: $7.00 per day.
(2) There shall be assessed a late payment penalty of$20.00 for each 30 days of
delinquency after a license fee or renewal fee is due. This penalty shall be added to the
license fee.
(3) Any business relocating to another address in the city shall pay an administrative
transfer fee of$5.00 to have its business license reissued to reflect the new address. (Ord.
2580,2005;Ord. 2566, 2005; Ord. 2340 §1,2000;Ord. 2288 §I, 1999; Ord. 1701 §5,
1989; Ord. 1498 §2,1986).
5.02.080 Ineligible activities.
Notwithstanding any other provisions ofthis 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 ofany ordinance ofthe city or the statutes ofthe state of Washington or
any other applicable law or regulation. The granting ofa business license shall not
authorize any person to engage in any activity prohibited by a federal, state or local law
or regulation. (Ord. 1498 §2, 1986).
5.02.090 Standards ofconduct.
Every licensee under this chapter shall:
(I)Permit reasonable inspections ofthe business premises by governmental authorities
for the purpose ofenforcing the provisions ofthis chapter;
(2) Comply with all federal, state and city statutes, laws,regulations and ordinances
relating to the business premises and the conduct ofthe business thereon;
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(3) Refrain from unfair or deceptive acts or practices,or consumer fraud, in the conduct
ofthe business, and avoid maintaining a public nuisance on the business premises;
(4) Refrain from operating the business after expiration ofa license or during the period
that the license may be suspended or revoked. (Ord. 1498 §2, 1986).
5.02.100 New location.
A licensee shall have the right to change the location ofthe licensed business. Prior to
such a change, the licensee shall notify the City ofMarysville Community Development
Department or designated licensing official, in writing, and shall pay the administrative
transfer fee specified above. (Ord. 1498 §2, 1986).
5.02.110 Suspension or revocation oflicenses.
(1)The Hearing Examiner may, at any time, suspend a business license whenever the
licensee, or any manager, officer, director, agent or employee ofthe licensee, has caused,
permitted or knowingly done any ofthe following:
(a) Failed to keep the building structure or equipment ofthe licensed premises in
compliance with the applicable health, building, fire or safety laws,regulations or
ordinances in a way which relates to or affects public health or safety on the business
premises;
(b) Failed to comply with the standards ofconduct specified in MMC 5.02.090.
.Such suspension shall remain in effect until the conditions causing the suspension are
cured and reasonable measures are taken to ensure that the same will not recur, as
determined by the Hearing Examiner.
(2) The Hearing Examiner may, at any time, revoke a business license on anyone or
more of the following grounds:
(a)Whenever the city learns that the licensee or any manager, officer, director, agent or
employee ofthe licensee made a material false statement or representation,or failed to
disclose any material information to the city, in connection with any application for a
business license or any renewal thereof;
(b)Whenever the licensee or any manager, officer, director, agent or employee ofthe
licensee fails within a reasonable time to cure a condition that caused a license
suspension;
(c)Whenever the licensee or any manager, officer, director,agent or employee ofthe
licensee knowingly permits conduct on the licensed premises that violates any federal,
state or city law or ordinance;
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(d)Whenever the licensee or any manager, officer, director, agent or employee ofthe
licensee knowingly engages in unfair or deceptive acts or practices in the conduct ofthe
business;
(e)Whenever operation ofthe business constitutes a public nuisance which endangers
persons or property.
(3)Whenever the City ofMarysville Community Development Department or designated
licensing official determines that there is probable cause for suspending or revoking a
business license, they shall notify the licensee by registered or certified mail, return
receipt requested,of such determination.Notice mailed to the address on the license shall
be deemed received three days after mailing. The notice shall specify the proposed
grounds for suspension or revocation.The notice shall also specify that a hearing shall be
conducted by theHearing Examiner at a time and date denominated in the notice, not
more than 21 days thereafter,to determine whether or not the license should be
suspended or revoked. The notice shall be mailed to the licensee at least five 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 ofthe Hearing Examiner shall
be announced at the conclusion ofthe hearing and shall be final,subject only to a petition
for writ ofcertiorari being filed with the Snohomish County Superior Court within 14
days following the date ofthe Hearing Examiner's's decision. (Ord. 1701 §6,1989;Ord.
1498 §2, 1986).
5.02.130 Sale or transfer of business-New license required.
Upon the sale or transfer ofany business which is licensed pursuant to this chapter, the
license issued to the prior owner shall automatically expire onthe date ofsuch 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. (Ord. 1498 §2, 1986).
5.02.140 Penalties for violation.
(I)Violations of, or failure to comply with, any provision ofthis chapter, shall constitute
a civil infraction and any person found to have violated any provision ofthis chapter is
punishable by a monetary penalty ofnot more than $100.00 for each such violation. Each
day that a violation continues shall constitute a new and separate infraction.
(2) The imposition ofa penalty for violation ofthis chapter shall be in addition to any
other penalties provided for in any other ordinances ofthe city or any other ordinances or
laws applicable to the violation,and any premises upon which a business is operated in
violation ofthis chapter is hereby declared to be a public nuisance.
(3) 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.
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(4) The city shall not enter into any contract or conduct any trade or commerce with any
business which fails to comply with this chapter. (Ord. 1498 §2, 1986).
Section 2.Severability,
If any word, phrase, sentence, provision, or portion ofthis ordinance is declared to be invalid or
unenforceable,it shall not affect validity or enforceability ofthe remaining words, phrases,
sentences,provisions or portions ofthis ordinance.
PASSED by the City Council and APPROVED by the mayor this "2~~day 06tA\'"_,
2008.------a-
rr=MARYS~.~z:)
Dennis L.Kendall,M;;yo;.
APPROVED AS TO FORM
CJ~('~/....
Grant K. Weed, City Attorney.
Date ofPublication:1/~O fty
(1
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