HomeMy WebLinkAboutO-3097 - Amending Section 5.02.140 of the MMC Business LicensingCITY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO. JQ°\ f
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON, AMENDING SECTION 5.02.140 OF THE MUNICIPAL CODE
SETTING PENALTIES FOR VIOLATIONS OF THE BUSINESS LICENSING
CODE.
WHEREAS, chapter 5.02 of the municipal code imposes requirements for operating
businesses in the City of Marysville; and
WHEREAS, persons who fail to conform with those requirements will be denied a
business license or have their license suspended or revoked; and
WHEREAS, a person who operates a business after being denied a license or having a
license suspended or revoked is subject only to a civil infraction; and
WHEREAS, a person who disobeys a police officer's, code enforcement officer's, or fire
marshal's order to close a business under the municipal code's summary suspension procedure is
subject only to a civil infraction; and
WHEREAS, criminal penalties are more proportionate to the seriousness of such
offenses; and
WHEREAS, public health and safety will be enhanced by imposing criminal penalties
when a person operates a business after being denied a license by the City or having a license
suspended or revoked by the City; and
WHEREAS, public health and safety similarly will be enhanced by imposing criminal
penalties when a person disobeys an order to close a business which is subject to summary
suspension of its business license.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION 1. Section 5.02.140 of the municipal code is amended as set forth in Exhibit
A.
SECTION 2. Severability. If any section, subsection, sentence, clause, phrase or word of
this ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or
constitutionality of any other section, subsection, sentence, clause, phrase or word of this
ordinance.
SECTION 3. Effective Date. This ordinance shall become effective five days after the
date of its publication by summary.
PASSED by the City Council and APPROVED by the Mayor this 2°1 day of Mtl(Y '2018.
CITY OF MARYSVILLE
Attest:
By-----+-zp+----=_ ~'----=-=-~'----
1f¥JJA. 6tof~ DEPUTY CITY CLERK
Approved as to form:
By ~RNEY
Date of publication: ;JU.ne., 'Z. 2-o ,£> >
Effective Date (5 days after publication): 0uJ1e... 7, lo 12>
EXHIBIT A
5.02.140 Penalties for violation.
(1 ).{fil Any person. including an employee, who conducts, operates, practices. or engages in a business
knowing that the license for that business is suspended or revoked or was denied is guilty of a gross
misdemeanor.
(b) Any person. including an employee. who fails to obey an order to close a business under section 5.02.111
of the municipal code is guilty of a gross misdemeanor.
(2) Other VielatiGRS-violations of, or failure to comply with, any provision of this chapter shall constitute a
commercial violation and any person found to have violated any provision of this chapter is punishable by a
penalty as set forth in MMC 4.02.040(3)(9). Each day that a violation continues shall constitute a new and
separate violation.
(~~) 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
premises upon which a business is operated in violation of this chapter is hereby declared to be a public
nuisance.
(~) 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.
(49.) The city shall not enter into any contract or conduct any trade or commerce with any business which fails
to comply with this chapter.