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HomeMy WebLinkAbout3040 Business License AppealsOrdinance 3040 Amending PTMC -Business Licenses Ordinance No. 3040 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE, CHAPTER 5.08 BUSINESS LICENSES TO CHANGE APPEALS TO HEARING EXAMINER AND REMOVE OUTMODED REFERENCES TO TREASURER WHEREAS, the City Council deems it appropriate to allow appeals of licensing decisions to be heard by the Hearing Examiner instead of the City Council, and to remove outmoded references to "treasurer" in Ch.5.08 PTMC. NOW, THEREFORE, the City Council of the City of Port Townsend ordains as follows: SECTION I. Chapter 5.08 of the Port Townsend Municipal Code is hereby amended to read as follows (text in strikeout is deleted, text in underline is added): See attached Exhibit A (incorporated by reference herein) SECTION 2. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances, is not affected. This ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. Adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 19th day of July 2010. ~ c.-rc t~-t~ Michelle Sandoval, Mayor Attest: ,~ ~ G~ Pamela Kolacy, MMC, City Clerk Approved as to Form: J John P. Watts, City Attorney Exhibit A to Ordinance 3040 Business License Revisions Page 1 of 7 Chapter 5.08. BUSINESS LICENSES Sections: j5.08.010 Purpose. 5.08.020 Disclaimer of city liability. '5.08.030 Definitions. j5.08.040 Licenses required. X5.08.045 Exemption. 15.08.050 Application -Issuance. 5.08.060 Fee/term. Grace period -Late fee. Denial -Cause -Revocation. Denial -Applicant right to appeal. Hearing on appea Notice to obtain license -Hearing. Posting -Inspection. Transfer -Assignment. Change in name/address/nature of business. Rebate. 5.08.170 Multiple businesses. 5.08.180 Same business -Multiple locations. 5.08.190 Revocation -Authority -Notice. 5.08.200 Revocation -Appeal -Hearing. 5.08.210 Service of required notices. 5.08.220 License transactions -Public record. Violations -Penalties. Issuance not to excuse violations. 5.08.010 Purpose. This chapter is an exercise of the police power of the city and is necessary for the protection of the public health, safety and welfare of the citizens of Port Townsend, through the regulation of certain types of businesses within the city. The provisions of this chapter shall be deemed an exercise of the power of the city to license, for revenue,' the privilege of engaging in business within city limits. (Ord. 2460 § 1, 1995). !5.08.020 Disclaimer of city liability. Issuance of any license pursuant to this chapter does not constitute the creation of a ', !duty by the city of Port Townsend to indemnify a licensee for any wrongful acts against !-.the public, or to guarantee the quality of goods, services, or expertise of a licensee, or to otherwise shift responsibility from the licensee to the city of Port Townsend for proper' straining, conduct or equipment of self or agents, even if specific regulations require istandards of training, conduct or inspection. (Ord. 2460 § 1, 1995). Exhibit A to Ordinance 3090 Business License Revisions Page 2 oj7 ',5.08.030 Definitions. 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 fora !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 t~eas~eEfinance director" means the city treasare~finance director or his or '.her designee. ', D. "Engaging in business" means commencing, conducting or continuing in business !'!and also the exercise of corporate or franchise powers, as well as liquidating a business iwhen the liquidators hold themselves out to the public as conducting such business. 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. 2460 § 1, 1995). 15.08.040 Licenses required. No person, whether subject to the payment of tax or not, shall engage in any ', .business within city limits without first obtaining and being the holder of a valid and ;current business license pursuant to the provisions of this chapter. (Ord. 2460 § 1, ;1995). (5.08.045 Exemption. i The following shall be exempt from compliance with this chapter: I 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 othervvise 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 treasarerfinanced1rector and shall be required to register with the city t~easu~eFfinance ;director and provide all of the information required of a business license applicant. (Ord. !2807 § 1, 2002). 15.08.050 Application -Issuance. ' A. The application for a business license shall be filed with the city treasaFerfinance ''!!director prior to commencing to engage in business in this city and shall contain the !following information: 1. A brief description of the trade, shop, business, profession, occupation, or calling to be carried on in the city; 2. The name of the owner, the name and title of the applicant if different from the ';owner, and the address of both persons; Exhibit A to Ordinance 3040 Business License Revisions Page 3 of 7 3. The address of the business's principal office, and if the business is a corporation, the state of incorporation; 4. The location in the city where the business is to be carried on; 5. The date of the application; 6. An indication of whether the business is permanent or temporary; 7. The amount of money submitted with the application; and 8. The signature of the applicant. B. The city treas~rsrfinance director may reject an application or postpone its issuance when a material falsification of the application is evident. C. The city treas~erfinance director, prior to issuance of a business license to any applicant, shall, with the assistance of the development services department (DSD), determine that the location of the business as disclosed by the applicant's proposed business address is properly zoned for the conduct of the business for which the license', is sought; provided, however, that it is the duty of the applicant to assure that the location of the proposed business complies with the zoning and all other ordinances of #the city, and in the event that it fails to so comply, any license issued, granted or '.approved by the city shall be null and void, and the city shall not be liable for any loss, .claim or damages whatsoever by reason of the applicant or the business for which a license was issued failing to comply with said ordinances, and regardless of whether a business license was in fact issued. D. After receipt of a completed application and the license fee, the city treas~s~finance director shall review the application and, except as otherwise provided, issue or deny the license within 10 working days after receipt of the completed application. E. Nothing in this chapter shall prevent the city tfeasare~finance director or any other authorized city official from requiring the applicant to provide any information necessary to ascertain whether the applicant is, or will be, in compliance with all city ordinances or state laws. (Ord. 2892 § 1, 2005; Ord. 2460 § 1, 1995). 15.08.060 Feelterm. A. Fee. Unless otherwise provided by this chapter, the required license fee for a business shall be $25.00 per year, which fee is nonrefundable, whether or not the lapplication is later denied. B. Term. Unless otherwise provided by this chapter, all licenses shall be for a period 'of one year, beginning January 1st of each year and expiring the following December =31st. C. The fee for a business license applied for after July 1st shall be $12.50, which license shall expire on December 31st of the same year. D. Temporary Business. Any person who intends to conduct a business temporarily may apply for a license for a period of 90 days. The fee for a temporary license shall be j$12.50. E. Upon receipt of a written statement attesting to the loss, theft, or destruction of an ;otherwise valid license, the finance director shall reissue a license for the duration of the license term upon receipt of a $10.00 fee. (Ord. 2887 § 1, 2004; Ord. 2460 § 1, 1995). Exhibit A to Ordinance 3040 Business License Revisions Page 4 of 7 , , 5.08.080 Grace period -Late fee. If a person who is required to obtain a license fails or neglects to obtain a license within 15 days from the date he or she engages in business in the city, or fails to renew a license previously issued, if the person continues to engage in business, the treasdre~finance director shall collect a penalty of 10 percent of the annual license fee For each calendar month or portion of a month that the license is delinquent. (Ord. 2460 § 1, 1995}. 15.08.090 Denial -Cause -Revocation. f A. Compliance with Any Other Code and Zoning Provisions. The city treasere~finance director shall not issue a city business license and any license so issued shall be void sand subject to immediate revocation by the city, to any person, firm or entity which operates or proposes to operate or conduct any business in violation of PTMC Title 17. In addition, the city #easace~nance director may deny any application for a business jlicense where the applicant is not in compliance with all other city ordinances or state statues, as now or later amended. B. Other Reasons for Denial. In addition, if, after investigation, the city "tFeas~finance director finds that the applicant has been convicted of a crime of moral aurpitude or other crime which relates to the activity for which the license is sought or ;finds good reason to believe that issuance of a license to the applicant would be ':otherwise adverse to or unreasonably jeopardize the health, welfare and safety of the citizens of the city of Port Townsend, the city tre~ast~finance director may deny the ;application. The city tfeasa~finance director shall, upon denial, inform the applicant in ;writing of the reason for denial, citing any applicable ordinance or statute violated; provided however, that nothing in this section shall be construed as imposing any duty for obligation on the city to conduct an investigation prior to granting a business license ;under this chapter. (Ord. 2460 § 1, 1995). 5.08.100 Denial -Applicant right to appeal. Any applicant denied a license by the city tfeasafe~finance director may make written appeal to the sity-seunsilhearina examiner within 25 days following the date of the decision. Any and all such appeals shall be subject to the procedures established in Chapter 1.14 PTMC, and shall be accompanied by a $25.00 filing fee. (Ord. 2460 § 1, 1995). Exhibit A to Ordinance 3040 Business License Revisions Page 5 oj7 5.08.110 Hearing on appeal A. Within 30 days following receipt of an appeal, the city-se~si4hearing examiner shall hold a public hearing to determine whether the appellant is entitled to a license under PTMC 5.08.050 and/or 5.08.090 above. B. After the close of the public hearing, the sity-sedasilhearing examiner shall either grant the license, or sustain the denial. The sedasilheartng examiner shall make findings and conclusions in writing. C. Any decision, finding or ruling made pursuant to this chapter shall be final at the time the final order or decision is issued in written form, and no action to set aside or modify the final order or decision shaft be brought in superior court eF-et#~er-k~aFlal unless the action shall be filed within 30 days from the effective date of such decision, Finding or ruling. (Ord. 2460 § 1, 1995). 15.08.120 Notice to obtain license -Hearing. !. If the city tFeas~finance director has reason to believe that a person is doing !business in the city without first having obtained a business license, the city treas~eFfinance director shall mail a notice to that person requiring the person to apply !to the city tfeas~re~finance director within 10 days of the issuance of the notice. Any isuch person who believes he or she is not subject to licensing under this chapter shall ' provide whatever information or rationale supports this belief to the city txeasarerFinance ', jdirector for review. If the city #reasdrerfinance director determines that the person is required to be licensed under this chapter and the person does not agree with the (decision, the person may request a hearing before the silhearing examiner as specified in PTMC 5.08.100 and 5.08.110 above. (Ord. 2460 § 1, 1995). ,5.08.130 Posting -Inspection. A business license shall be conspicuously posted at the business for which it was issued, and shall be produced for inspection upon the request of any authorized city official; provided however, that when the licensee has no permanent place of business, such person must either carry or attach and conspicuously display the license on any personal property which is an integral part of the business, and must produce the license for inspection upon the request of any authorized city official. (Ord. 2460 § 1, 1995). 15.08.140 Transfer-Assignment. No license issued under the provisions of this chapter shall be transferable or jassignable; provided, that in the event of death of the licensee, the surviving spouse, ',estate, or other heir may operate the business under the existing license for the i'~Iremaining term of the license. In the event of the sale, transfer, conveyance or gift of a business, the new owner shall be required to apply for and obtain a license for the iduration of the license period, prior to commencing to conduct a business in the city. ;(Ord. 2460 § 1, 1995). Exhibit A to Ordinance 3040 Business License Revisions Page 6 of 7 5.08.150 Change in name/address/nature of business. A change. in the name or address of the business does not require a new license; (however, the owner shall notify the city treasaFeFfinance director of the change within 30' ;days. A change in the nature of the business requires a new application and license. ((Ord. 2460 § 1, 1995). "!5.08.160 Rebate. No rebate is allowed. (Ord. 2460 § 1, 1995). j5.08.170 Multiple businesses. Any person engaged in two or more separate businesses at the same or separate ilocations shall be required to obtain a license for each separate business. (Ord. 2460 ~§ 1, 1995). X5.08.180 Same business r Multiple locations. Any person conducting the same business at two or more permanent locations shall be required to obtain a separate license for each place of business. The fee for each additional license shall be $10.00 per license per year. (Ord. 2460 § 1, 1995). 15.08.190 Revocation -Authority -Notice. 'i The city treasd~e~nance director is authorized to revoke the license of any person, ;when there is a reasonable belief that the business. is being conducted in violation of !any city ordinance or any state statute, unless such decision is preempted by state law. .The city shall secure the license and post notice of revocation of the license on the (premises: Written notice of the revocation of the license shall be given to the license ;holder, citing the reason for revocation. Conducting business after notice is given of revocation of the license is unlawful (Ord. 2460 § 1, 1995). '5.08.200 Revocation -Appeal -Hearing. Upon notice, the licensee shall have 25 days to appeal the revocation to the city se~rsilhearing examiner subject to the procedures established in Chapter 1.14 PTMC, `and the payment of a $25.00 filing fee. At the public hearing, the licensee may present ', ;testimony as to his/her compliance with the state statutes or city ordinance which he/she has allegedly violated. After the close of the public hearing, the city ~se~rsilheartng examiner may sustain the revocation of the license, reinstate the license with conditions, reinstate the license after a time certain, or immediately reinstate the ;license. The seE~silheartng examiner shall make written findings and conclusions. The f licensee shall have a right to appeal to superior court as set forth in PTMC 5.08.110C. (Ord. 2460 § 1, 1995). ;5.08.210 Service of required notices. Any written notice required by this chapter to be given to any licensee or applicant shall be sent by ordinary mail to the address of the licensee or applicant as shown on {the license application. (Ord. 2460 § 1, 1995). Exhibit A to Ordirtartce 3040 Business License Revisions Page 7 of 7 '5.08.220 License transactions -Public record. The city tfeasdre~finance director shall keep a record of each person licensed to transact and carry on a business within the city. The records shall include copies of all applications for licenses, licenses issued, appropriate information concerning the action of the city #easdreriinance director in rejecting an application for a license, or in ,postponing the issuance of a license, and the action of the city-sedasilhearing examiner !regarding a license. All such records are public records to the extent consistent with ',state and federal law. (Ord. 2460 § 1, 1995). ~' 5.08.240 Violations -Penalties. A. Director's Authority. Whenever the finance director or his or her designee ("director") determines that a condition exists in violation of this chapter or any standard required to be adhered to by this chapter, or in violation of any permit issued hereunder, he or she is authorized to enforce the provisions of this chapter. B. Chapter 1.20 PTMC Applicable. All violations of any provision of this chapter or incorporated standards, or of any permit or license issued hereunder, are declared nuisances and made subject to the administration and enforcement provisions of Chapter 1.20 PTMC, including any amendments, and including but not limited to abatement, criminal penalty, and civil penalty as set forth in Chapter 1.20 PTMC, which ', are incorporated by reference as if set forth herein. (Ord. 2952 § 3, 2008; Ord. 2460 § 1, 1995). 5.08.250 Issuance not to excuse violations. Any business license issued, granted or approved in violation of the provisions of this title, or of any other ordinances of the city, shall be null and void and of no effect without the necessity of any proceedings for a revocation or nullification thereof, and the conduct of any business under such license is unlawful, and no action shall be taken by any officer or employee of the city purporting to validate any such violation. (Ord. 2460 § 1, 1995).