HomeMy WebLinkAbout3206 Amending Business License Regulations, Establishing a License threshold exemption for businesses located outside city limits and Amending Chapter 5.08 of the PTMCOrdinance 3206
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ORDINANCE NO. 3206
AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, RELATED
TO BUSINESS LICENSING; AMENDING BUSINESS LICENSING REGULATIONS,
ESTABLISHING A LICENSING THRESHOLD EXEMPTION FOR BUSINESSES
LOCATED OUTSIDE OF CITY LIMITS AND AMNEDING CHAPTER 5.08 OF THE
PORT TOWNSEND MUNICIPAL CODE.
WHEREAS, the City of Port Townsend exercises its power to license for revenue
through Chapter 5.08 of the Port Townsend Municipal Code; and,
WHEREAS, EHB 2005 was passed by the Washington State Legislature and codified in
Chapter 35.90 RCW, requiring three distinct actions by those cities and towns with either
business licenses requirements or business and occupation tax regulations to establish a
workgroup to create model business license language with a minimum income threshold and a
definition of "engaging in business" by July 2018; and,
WHEREAS, EHB 2005 requires that the model business license ordinance created by
the workgroup be adopted by all cities who have business license requirements by January 1,
2019; and State Business License City Partners adopt the model ordinance by October 17, 2018;
and,
WHEREAS, the workgroup established by EHB 2005 released the final license model
ordinance in June 2018.
NOW THEREFORE, the City Council of the City of Port Townsend do ordain as
follows;
Section l . Chapter 5.08 Business Licenses of the Port Townsend Municipal Code is
amended as set forth in Exhibit A.
q tiop 2. Chapter 5.08 Business Licenses of the Port Townsend Municipal Code is
amended as set forth in Exhibit B.
Section 3. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
Section 4. Effective Date. This Ordinance shall take effect and be in force as of
January 1, 2019.
Ordinance 3206
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ADOPTED by the City Council of the City of Port Townsend, Washington, at a regular
meeting thereof, held this 17th day of September, 2018.
el car lI S. ati n
l
Mayor
Attest:
e�)o ,,A "-4,
Joanna Sanders, MMC
City Clerk
Approved as to form:
City Attorney
EXHIBIT A
5.08.030 Definitions.
Ordinance 3206 Exhibit A
The following definitions shall apply to all chapters of this title, unless the context of the chapter indicates
otherwise:
A. "Business" means a profession, trade, occupation, or activity carried on for a livelihood or engaged in
with the object of gain, benefit, or advantage to the participant or to another person or class, directly or
indirectly, for profit, but excludes the following:
1. Municipal, state, or federal agencies or employees;
2. A person employed in the city by a person engaged in business in the city, if the employer is
licensed pursuant to this chapter to conduct a business in the city; and
3. A person transacting and carrying on a business that is exempt from city licensure under
federal or state constitutional or other law.
B. "Business license" means the license provided by this chapter.
C. "City finance director" means the city finance director or his or her designee.
D. "Engaging in business" means _the satrtcm t tt Nligm n.,, psities „",as.de,i stied in-111INC 5m,04A030
Nr x„ i"�w tw Aa tt a3i #i %u a+t r{ iof, corporate t i w ai `power .
r �;0�l stt� �t
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E. "Person" means any person, firm, corporation, association, partnership, venture, society, club,
association, organization or group of individuals carrying on business within city limits. (Ord. 3043 § 1
(Exh. A), 2010; Ord. 3040 § 1 (Exh. A), 2010; Ord. 2460 § 1, 1995).
Ordinance 3206 Exhibit B
EXHIBIT B
5.08.045 Exemption.
The following shall be exempt from compliance with the city business license fee portion of this chapter:
A. A bona fide charitable or nonprofit organization. A "bona fide charitable or nonprofit organization'
means any organization for which contributions to such organizations qualify for charitable contribution
deduction purposes or which is otherwise exempt from payment of federal income taxes pursuant to the
Internal Revenue Code, including Section 501(c)(3). Organizations shall present proof of tax exempt
status to the city finance director and shall be required to register with the city finance director and
provide all of the information required of a business license applicant. (Ord. 3043 § 1 (Exh. A), 2010;
Ord. 3040 § 1 (Exh. A), 2010; Ord. 2807 § 1, 2002).
,?any pgrson or businesswhose annual value of och q-ts gr�cas�s„proc � � �� m���l���m.�?.t k ds�« illcol�r�e of
the business made vt1(111 t1lr ltf4„l to or that) '?�1�;(l0 AND d��a:s_.not maintaim�m__ plh sical la f
bLiShICSS located within ,,cty�-. t iL
1t�m. uch businesses shell submit a lousiness re istration to the city
finance dmrrcctor or,dges � ��c e li:�r ��c� lee. "N"he in or�7�u t}1r� sl�maaNcl gNgP)ptrc�j1 dpg 3 Apply to --t• YlaL0l.
11u tjsp ypcl.cllr a3lglltS ul activities tliat:.Irec crit a s aecialized permit.