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HomeMy WebLinkAbout2460 Repealing Certain PTMC Chapters and Adopting a New Chapter 5.08 Business LicensesOrainanee AN ORDINANCE OF THE CITY OF PORT TOWNSEND REPEALING CHAPTERS 5.12, 5.36, AND 5.80 OF THE PORT TOWNSEND MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 5.08, BUSINESS LICENSES WHEREAS, the City Council has determined that permanent business licenses should be renewed on a yearly basis; and WHEREAS, the existing code combines the sections on business licenses and business and occupation tax payments in a confusing manner and contains outdated provisions; and WHEREAS, the Council desires to clarify these sections and make the process more understandable to the business community, NOW, THEREFORE, the City Council of the City of Port Townsend, in regular session assembled, does ordain as follows: Section 1. Chapters 5.12, BILL POSTING, 5.36, TEMPORARY STORES, and 5.80, TEMPORARY ACTIVITIES BY NONPROFIT GROUPS of the PTMC are hereby repealed, and a new Chapter 5.08, BUSINESS LICENSES is hereby added to the PTMC and shall be codified by the City's Code Reviser: Chapter 5.08 BUSINESS LICENSES Sections: 5.08.010 5.08.020 5.08.030 5.08.040 5.08.050 5.08.060 5.08.070 5.08.080 5.08.090 5.08.100 5.08.110 5.08.120 5.08.130 5.08.140 5.08.150 Purpose. Disclaimer of city liability Definitions. Licenses required. Application - Issuance. Fee/Term. Renewal/License fee. Grace period - Late fee. Denial - Cause - Revocation. Denial - Applicant right to appeal. Hearing on Appeal - Council determination. Notice to obtain license - Hearing. Posting - Inspection. Transfer - Assignment. Change in name/address/nature of business. 5.08.160 5.08.170 5.08.180 5.08.190 5.08.200 5.08.210 5.08.220 5.08.230 5.08.240 5.08.250 Rebate. Multiple businesses. Same business - Multiple locations. Revocation - Authority - Notice. Revocation - Appeal - Hearing. Service of required notices License transactions - Public record. Business licenses .issued under prior ordinance. 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. 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 training, conduct or equipment of self or agents, even if specific regulations require standards of training, conduct or inspection. 5.08.030 Definitions. The following definitions shall apply to all chapters of this rifle, 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 treasurer" means the city treasurer 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 when 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. 5.08.040 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. 5.08.050 Application - Issuance. A. The application for a business license shall be filed with the city treasurer 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; 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 carded 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 treasurer may reject an application or postpone its issuance when a material falsification of the application is evident. C. The city treasurer, prior to issuance of a business license to any applicant, shall, with the assistance of the building and community development department, 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 treasurer 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 treasurer 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. 5.08.060 Fee/Term. A. Fee. Unless otherwise provided by this chapter, the required license fee for a business shall be $25.00 per year, which fee is non-refundable, whether or not the application is later denied. B. Term. Unless otherwise provided by this chapter, all licenses shall be for a period of one year, beginning August 1 of each year and expiring the following July 31. C. The fee for a business license applied for after February 1 shall be $12.50, which license shall expire on July 31 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 $12.50. E. Upon receipt of a written statement attesting to the loss, theft, or destruction of an otherwise valid license, the city treasurer shall reissue a license for the duration of the license term upon receipt of a $10.00 fee. 4 5.08.070 Renewal/License fee. A. Prior to expiration of a permanent business license, the city treasurer may mail a written notice to the licensee by June 30; provided however, that whether or not notice is mailed, the renewal license fee shall be due by the expiration of the licergle,lerm. //~,///~ j B. If the license fee is not paid in accordance with thisCr/?s~/,e~he~ce~se sh//all~/be n/e nff~7~'~lullull and void. 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 treasurer 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. 5.08.090 Denial - Cause - Revocation. A. Compliance with and other code zoning provisions. The city treasurer shall not issue a city business license and any license so issued shall be void and 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 17.08.215, 17.16.010 or 17.16.045, or of PTMC Title 17. In addition, the city treasurer may deny any application for a business license 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 treasurer finds that the applicant has been convicted of a crime of moral turpitude 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 treasurer may deny the application. The city treasurer 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 or obligation on the city to conduct an investigation prior to granting a business license under this chapter. 5.08.100 Denial - Applicant right to appeal. Any applicant denied a license by the city treasurer may make written appeal to the city council 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. 5 5.08.110 Hearing on Appeal - Council determination. A. Within 30 days following receipt of an appeal, the city council shall hold a public hearing to determine whether the appellant is entitled to a license under Sections 5.08.050 and/or .090 above. B. After the close of the public hearing, the city council shall either grant the license, or sustain the denial. The council 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 shall be brought in superior court or other tribunal unless the action shall be filed within 30 days from the effective date of such decision, finding or ruling. 5.08.120 Notice to obtain license - Hearing. If the city treasurer has reason to believe that a person is doing business in the city without first having obtained a business license, the city treasurer shall mail a notice to that person requiring the person to apply to the city treasurer within 10 days of the issuance of the notice. Any such 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 treasurer for review. If the city treasurer 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 city council as specified in Sections 5.08.100 and. 110 above. 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 carr--y 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. 5.08.140 Transfer - Assignment. No license issued under the provisions of this chapter shall be transferable or assignable; 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 remaining 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 duration of the license period, prior to commencing to conduct a business in the city. 6 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 treasurer of the change within 30 days. A change in the nature of the business requires a new application and license. 5.08.160 Rebate. No rebate is allowed. 5.08.170 Multiple businesses. Any person engaged in two or more separate businesses at the same or separate locations shall be required to obtain a license for each separate business. 5.08.180 Same business - 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. 5.08.190 Revocation - Authority - Notice. The city treasurer 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. 5.08.200 Revocation- Appeal- Hearing. Upon notice, the licensee shall have 25 days to appeal the revocation to the city council 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 with he/she has allegedly violated. After the close of the public hearing, the city council 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 council shall make written findings and conclusions. The licensee shall have a right to appeal to Superior Court as set forth in Section 5.08.110C of this chapter. 7 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. 5.08.220 License transactions - Public record. The city treasurer 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 treasurer in rejecting an application for a license, or in postponing the issuance of a license, and the action of the city council regarding a license. All such records are public records to the extent consistent with state and federal law. 5.08.230 Business licenses issued under prior ordinance. A. All business licenses issued prior to January 1, 1995 shall expire on July 31, 1995, and a new or renewal license and fee is required. B. For all persons issued a business license after January 1, 1995, the license shall be effective from the date of issuance through July 31, 1996. 5.08.240 Violations - Penalties. Any person who is found to have violated any term or provision of this chapter or of any permit hereunder shall be guilty of a civil infraction. For the first such infraction, the civil penalty shall be in the amount of $200.00. For the second infraction by the same person within a period of two years, the penalty shall be $400.00. Upon the third violation within a period of two years, such violation shall constitute a misdemeanor, and be punishable upon conviction by a fine ih any sum not to exceed $500.00, or by imprisonment for a term not exceeding 90 days, or by both fine and imprisonment. Any civil penalties under this chapter may be collected in a civil action in any court of competent jurisdiction. The city may also seek injunctive relief in superior court to restrain any violations of the provisions of this chapter. 8 Prior to any person being charged with a violation, the city shall mail written notice of the alleged violation to the person at the address shown on the license, giving the person five days to cure the violation. Upon failure to cure, a citation or complaint may issue. 5.08.250 Issuance not to excuse violations. Any business license issued, granted or approved in violation of the provisions of this rifle, 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.o~4~0 § 1, 19950 Section 2. Severability. If any clause, sentence, paragraph, section or part of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by a court of competent jurisdiction, such order or judgment shall not affect the validity or constitutionality of the remainder of any part of this Ordinance. To this end, the provisions of each clause, sentence, paragraph, section or part of this law are declared severable. This ordinance shall be in full force and effect five days after the date of its passage, approval, and publication in the manner provided by law. Read for the first, second, and third times Port Townsend, Washington, at a regular the City Council of the City of this ~.~ay of May, 1995. Attest: Michael Hfldt, Actang C~ty 05/0 }5 A [c[VIahan, City Attorney §Ord{Ch5-04-8.doc} J{ M. Mayor 9