HomeMy WebLinkAboutORD 5894CITY OF RENTON, WASHINGTON
ORDINANCE NO. 5894
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER
5-5 OF THE RENTON MUNICIPAL CODE RELATING TO BUSINESS LICENSES AND
REGULATIONS, AND PROVIDING FOR SEVERABILITY AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the Washington State Legislature enacted HB 2005 during the 2017 legislative
session; and
WHEREAS, HB 2005 requires that municipalities adopt certain model ordinance language
that was drafted by the Association of Washington Cities, pertaining to general business licensing
requirements; and
WHEREAS, HB 2005 also provides that if the City does not adopt such model ordinance
language by January 1, 2019, the City would no longer be able to enforce its business licensing
requirements;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. Chapter 5-5 of the Renton Municipal Code is amended as follows:
CHAPTER 5
BUSINESS LICENSES
SECTION:
5-5-1: Exercise Of Revenue License Power
5-5-2: Definitions
5-5-3: General Business License
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5-5-4: Special Endorsement And Special Occupation Licenses Required (Rep. by
Ord. 4638)
5-5-5: Requirements For General Business License Applications Within An
Aquifer Protection Area
5-5-6: Confidentiality Of Information
5-5-1 EXERCISE OF REVENUE LICENSE POWER:
The provisions of this Chapter shall be deemed an exercise of the power of the
City to license for revenue and regulation. These powers include, but are not
limited to, an inherent and necessary power to audit records to determine
appropriate reporting units or fee amounts. The Administrator shall have the
authority to inspect premises in which business is conducted, and review or audit
business records with reasonable prior notice. The provisions of this Chapter
prescribing license fees shall be strictly construed in favor of the applicability of
the license fee.
5-5-2 DEFINITIONS:
Words are to be given their usual meaning. When not inconsistent with the
context, words in the singular number shall include the plural, and the plural shall
include the singular, and words in one gender shall include all other genders. The
word "shall" is always mandatory and not merely directory. In construing the
provisions of this Title, except when otherwise declared or clearly apparent from
the context, the following definitions shall be applied:
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A. ABATE: To clean, eliminate, remove, repair or otherwise remedy a
condition that amounts to a nuisance or chronic nuisance under RMC Chapter 1-3
and/or RMC Chapter 5-5 by such manner, means, and to the extent as ads a City
Aadministrator or a law enforcement officer determines is reasonably necessary
to protect the general health, morals, safety and welfare of the City of Renton.
B. ACT: Doing, finishing, performing, or preparing to do something.
C. ADMINISTRATOR: the Administrative Services Administrator or designee,
unless otherwise specified.
D. BUSINESS: All activities engaged in with the purpose of gain, benefit, or
advantage to the taxpayer or to another person or class, directly or indirectly.
E. BUSINESS ENTERPRISE: See definition of PLACE OF BUSINESS WITHIN THE
CITY. €arch l,T =: ohe �p gage ' " 'ti the Gi yGf
�vC�dtiA ^ ed"59;rE4� 5 'err-nm' ' � �n;c55�vF ;r cry
ie atuen eutse de the City, but with n peFrAaneRt L,r-ytiep 404thiR thy, City,
C.F. CALLS FOR SERVICE: Calls or communications to 911, including but not
limited to Valley Communications, and/or calls or communications directly to the
Renton Police Department or one of its officers, or the viewing of an offense by
an officer. Calls for service, as that term is used in the definition of "chronic
nuisance premises," does not include incidents that are unrelated to the chronic
nuisance premises, its resident(s), owner(s), guest(s), patron(s), or calls for general
information.
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W.G. CHRONIC NUISANCE PREMISES:
1. As it relates to a building, structure or business enterprise used for
commercial, retail, or entertainment purposes, or the area within two hundred
feet (200') of such premises, including businesses enterprises regulated by the
Liquor and Cannabis CGH481 Board, and including public, private, commercial or
industrial parking lots within two hundred feet (200') of such premises, "chronic
nuisance premises" means a property on which any of the following exists or
occurred:
a. Six (6) or more calls for service occur or exist during any sixty (60)-
day period; or
b. Ten (10) or more calls for service occur or exist during any one
hundred and eighty (180)-day period; or
c. Fourteen (14) or more calls for service occur or exist during any
twelve (12)-month period.
2. Any action against a chronic nuisance premises and/or its owner,
managing agent or person in control for a violation under this subsection G# shall
not preclude the use any other subsection of this section or any other section of
the RMC.
�.H. CITY: The City of Renton.
�I. CODE COMPLIANCE INSPECTOR (CCI) or CODE ENFORCEMENT OFFICER
(CEO): Any person authorized by them r-City to investigate or inspect
for code violations.
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K-J. CONTROL: The ability to dominate, govern, manage, own or regulate a
premises, or the conduct that occurs in or on a premises.
I-K. DRUG -RELATED ACTIVITY: Any activity at a premises that violates
Chapter 69.41 RCW (Legend Drugs), Chapter 69.50 RCW (Uniform Controlled
Substances Act), Chapter 69.51A (Medical Marijuana) or 69.52 RCW (Imitation
Controlled Substances), Chapter 69.53 RCW (Use of Buildings for Unlawful Drugs)
or any applicable federal, state or local law regulating the same general subject
matter, as they currently exist or may be amended.
M-.L. EMERGENCY: Any situation which aR a City Aadministrator or law
enforcement officer reasonably believes requires immediate action to prevent or
eliminate an immediate threat to public health, morals, safety, or welfare of
persons or property in the City of Renton.
N-.M. EMPLOYEE: Any person employed at any business enterprise who
performs any part of his or her duties within the City, except casual laborers not
employed in the usual course of business. A sole proprietor is not an employee.
All officers, agents, dealers, franchisees, etc., of a corporation or business trust,
and all but one partner of a partnership (except limited partners), are employees
within this definition.
Q-.N. ENGAGING 9F ENGAGE IN BUSINESS:
1. The terms "engaging in business" er "engage ^ ^«" means
commencing, conducting, or continuing in business, and also the exercise of
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corporate or franchise powers, as well as liquidating a business when the
liquidators thereof hold themselves out to the public as conducting such business.
2. This subsection sets forth examples of activities that constitute
engaging in business in the City, and establishes safe harbors for certain of those
activities so that a person who meets the criteria may engage in de minimis
business activities in the City without having to pay a business license fee. The
activities listed in this subsection are illustrative only and are not intended to
narrow the definition of "engaging in business" in RMC 5-5-2.N.1. If an activity is
not listed, whether it constitutes engaging in business in the City shall be
determined by considering all the facts and circumstances and applicable law.
-23. Without being all inclusive, any one of the following activities
conducted within the City by a person, or its employee, agent, representative,
independent contractor, broker or another peFS9R acting on its behalf constitutes
engaging in business: and requires a person to register and obtain a business
license.
a. Owning, renting, leasing, maintaining, or having the right to use, or
using, tangible personal property, intangible personal property, or real property
wT"e permanently or temporarily located in the City.
b. Owning, renting, leasing, using, or maintaining, an office, place of
business, or other establishment within the City.
c. Soliciting sales.
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d. Making repairs or providing maintenance or service to real or
tangible personal property, including warranty work and property maintenance.
e. Providing technical assistance or service, including quality control,
product inspections, warranty work, or similar services on or in connection with
tangible personal property sold by the person or on its behalf.
f. Installing, constructing, or supervising installation or construction
of, real or tangible personal property.
g. Soliciting, negotiating, or approving franchise, license, or other
similar agreements.
h. Collecting current or delinquent accounts.
i. Picking up and transporting tangible personal property, solid
waste, construction debris, or excavated materials.
j. Providing disinfecting and pest control services, employment and
labor pool services, home nursing care, janitorial services, appraising, landscape
architectural services, security system services, surveying, and real estate services
including the listing of homes and managing real property.
k. Rendering professional services such as those provided by
accountants, architects, attorneys, auctioneers, consultants, engineers,
professional athletes, barbers, baseball clubs and other sports organizations,
chemists, eenswltams, psychologists, court reporters, dentists, doctors,
detectives, laboratory operators, teachers, veterinarians.
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I. Meeting with customers or potential customers, even when no
sales or orders are solicited at the meetings.
m. Training or recruiting agents, representatives, independent
contractors, brokers or others, domiciled or operating on a job in the City, acting
on its behalf, or for customers or potential customers.
n. Investigating, resolving, or otherwise assisting in resolving
customer complaints.
o. In-store stocking or manipulating products or goods, sold to and
owned by a customer, regardless of where sale and delivery of the goods took
place.
p. Delivering goods in vehicles owned, rented, leased, used, or
maintained by the person or another peFsen acting on its behalf.
4. If a person, or its employee, agent, representative, independent
contractor, broker or another acting on the person's behalf, engages in no other
activities in or with the Citv but the following. it need not register and obtain a
business license.
a. Meeting with suppliers of goods and services as a customer.
b. Meeting with government representatives in their official capacity,
other than those Derforming contracting or purchasing functions.
c. Attending meetings, such as board meetings, retreats, seminars,
and conferences, or other meetings wherein the person does not provide training
in connection with tangible personal property sold by the person or on its behalf.
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This provision does not apply to any board of director member or attendee
engaging in business such as a member of a board of directors who attends a
board meeting.
d. Renting tangible or intangible property as a customer when the
property is not used in the City.
e. Attending, but not participating in a "trade show" or "multiple
vendor events". Persons participating at a trade show shall review the City's trade
show or multiple vendor event ordinances.
f. Conducting advertising through the mail.
Soliciting sales by phone from a location outside the
5. A seller located outside the City merely delivering goods into the City
by means of common carrier is not required to register and obtain a business
license, provided that it engages in no other business activities in the City. Such
activities do not include those in RMC 5-5-3.N.4.
The City expressly intends that engaging in business include any activity sufficient
to establish nexus for purposes of applying the license fee under the law and the
constitutions of the United States and the State of Washington. Nexus is presumed
to continue as long as the taxpayer benefits from the activity that constituted the
original nexus generating contact or subsequent contacts.
iLO. GENERAL PUBLIC: The City of Renton, any of its communities or
neighborhoods, or more than one (1) citizen, neighbor and/or their guest(s).
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$P. HEARING EXAMINER: An individual authorized to hear administrative
appeals and designated matters for the City of Renton.
R-.Q. INCURRED EXPENSE: Includes, but is not limited to, actual, direct or
indirect, appeal costs, fees and expenses; attorney, expert, filing and litigation
costs, fees and expenses; hearing costs and expenses; copy, documentation, and
investigation costs and expenses; notice, contract and inspection costs and
expenses; personnel expenses; hauling, disposal and storage costs and expenses;
preparation, travel and parking costs, fees and expenses; photocopying, mailing
and service costs and expenses. All such costs and expenses shall constitute a lien
against the affected property, as set forth in RMC 1-3-3.G.6, as it exists or may be
amended.
&R. MATERIAL STATEMENT: Any written or oral statement reasonably likely
to be relied upon by a public servant in the discharge of his or her official powers
or duties.
T-.S. MONETARY PENALTY: Any cost, fines or penalties related to violation of
this Chapter, including but not limited to actual fines or penalties to be paid as a
result of a nuisance.
1-T. NUISANCE or NUISANCE VIOLATION: is defined in RMC 1-3-3.13, as it
exists or may be amended, and as applicable, that definition applies in this
Chapter.
V-.U. PERSON: means any individual, receiver, administrator, executor,
assignee, trustee in bankruptcy, trust, estate, firm, co -partnership, joint venture,
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club, company, joint stock company, business trust, municipal corporation,
political subdivision of the State of Washington, corporation, limited liability
company, association, society, or any group of individuals acting as a unit, whether
mutual, cooperative, fraternal, non-profit, or otherwise and the United States of
America or any of its instrumentalities.
V. PLACE OF BUSINESS WITHIN THE CITY: A temporary or permanent physical
location inside the city limits of Renton where business is conducted or intended
to be conducted.
W. REGULATORY LICENSE: Anv license reeulated under RMC Chapter 5-1
RMC Chapter 5-13, or RMC Chapter 5-20.
X. SPECIALIZED PERMIT: Any permit listed in the City of Renton Fee Schedule.
X.Y. TEMPORARY or PORTABLE SALES: A sit ss P-AteFPF*se with ne
.,.,.-.,,,-.. ent le-eatt.,n eith.,..yithiA er. +swe ef. the City, but person which engages
in business within the City that has sales which are transient in nature and
maintains no physical location within the City.
5-5-3 GENERAL BUSINESS LICENSE REGISTRATION:
A. General Business License Registration Required:
1. No person shall engage in 4business unless such BusiRTperson has
submitted a general business license registration and holds ;s auther;i-ze h„ a valid
City of Renton general business license. The general business license shall not be
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ORDINANCE NO. 5894
transferable. If a person maintains more than one place of business within the City
a separate general business license registration is required for each, with the
exception of temporary or portable sales which will only be required to submit
one registration. A separate faasines3 AEetAse ;S iFed feF ^,^"
2. If a person engages in no other activities in or with the City hut the
fellewiRg, except acting within the scope of employment as an employee of a duly
licensed City business, it need not register. ^d- ebtaim lo^^^s^:
meetings, sueh as beaF.d meetings, FetFe ts, s FS,
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ORDINANCE NO. 5894
be R,Wrnh-er.ed, and shall r-hA-4.A.f t-hP- R-ame, place and type of bu-sines-s -and -any etheF
being eaFFied on, and shall be displayed at the Fequest of any inteFested peFSGR OF
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ORDINANCE NO. 5894
BQ General Business License Registration Fee: The geneFa' I9USiR^« "GeRse
1. General Business License Registration Fee Required: The general
-Bbusiness Uicense Rregistration fee of one hundred fifty dollars ($150.00) shall be
due and payable when filing a completed registration form as prescribed by the
Administrator. The general business license Aregist ration flee may be adjusted
from time to time, as published in the e+tyLrcurrent City of Renton Fee Schedule
bFee#uFe. If a businesses enterprise's first date of engaging in business in the City
is after July 1, a prorated half year general business license registration fee will be
due in the amount of seventy-five dollars ($75).
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2. Exemptions: The following are exempt from the general business
license registration fee:
a.fi: Non -Profit Exemption: A person that can demonstrate through
means satisfactory to the Administrator that it is exempt from federal income
taxation pursuant to 26 U.S. Code Subsections 501(c) or (d), as those subsections
may be amended or recodified, `hall Fegister f^r 'i^^^j;^ annually but
b. Threshold Exemption: A person that can demonstrate through
means satisfactory to the Administrator that (1) its business has, as applicable to
the type of business, an annual value of products, gross proceeds of sales, and
gross income in the City equal to or less than $2,000, aggregated, and (2) it does
not maintain a place of business within the City. This exemption does not apply to
a person whose business requires or obtains a regulatory license or specialized
permit.
3. Time Within Which to Claim Overpayment of General Business License
Registration Fee: If a person makes an overpayment of a general business license
registration fee, and, within four (4) years after date of such overpayment, makes
application for a refund or credit of the overpayment, its claim shall be allowed
and be repaid from the general fund or be applied as a credit to annual renewal
fees as approved by the Administrator.
C. Issuance and Posting of General Business License:
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1. All general business licenses shall be issued by the Administrator. The
decision to issue or denv a eeneral business license shall be made by the
Administrator. The Administrator's final decision may be appealed in accordance
with this Chapter. Any appeals to the Hearing Examiner shall be governed by the
rules and procedures prescribed by RMC 4-8-110.
2. The Administrator shall keep a record of all the general business
licenses issued by the Citv of Renton. Each license shall be numbered, and shall
show the name, place of business within the City and any other information as the
Administrator shall deem necessary.
3. The general business license holder is required to ensure that at all
times the license be posted in the place of business within the City for which it is
issued, or in the case of a business enterprise with a temporary or portable sales
location, be carried on the person of the holder thereof at all times during business
hours or while such business is being carried on, and shall be displayed at the
request of any interested person or City official or representative.
D. Exoiration and Renewal:
1. Expiration: Unless otherwise established by the Administrator, general
business licenses expire on January 31 of the year after issuance and must be
renewed by the due date as described in subsection D.2 below.
2. Due Dates: General business license registration fees are due by the
last day of January.
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8:3. Renewal Notice: The City may, but is not required, to mail mess
enteFpfises license ap;meatie,^,serrenewal forms, but failure of the person
h„-sine« ^^*^f^*ke to receive any such form shall not excuse the person
^+^ffise from making application for and securing the license required and
paying the license fee when and as due.
enteFffise makes an eveFpayrnent, and, WithiR feUF (4) yeaFs after date
i
;r not the I.,.,al ^ r the peFsen in .+.,+rel -;Ad- ewneF ^ both ; ntly I;ahl^ fer
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ORDINANCE NO. 5894
..... iu e—thFeat to public"health, FRWals, safety, 9F welfaFe—ef pe(Sv^flS OF
GE. Penalties:
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ORDINANCE NO. 5894
1-2. Monetary Penalty for Failure to Obtain License: The penalty for
failure to obtain a general business license shall not be less than two hundred and
fifty dollars ($250.00) or as prescribed in the City of Renton Fee Schedule, plus
payment of all license fee amounts that should have been paid for the last four (4)
years, as determined by the Administrator, plus a penalty of try ten percent
(2-A 10%) per annum for all amounts owing, plus any accounting, legal or
administrative expenses incurred by the City in determining the unreported, or
the unpaid portion over the last four (4) years or in collecting the tax and/ he
penalty.
23. Monetary Penalty for Failure to Pay License Fee: Failure to pay the
license fee when due and payable PUFF aRt W S.1"-S^G*00^''' Of this SeetieA shall
r^^a^.r *"^ busiR^« enteF ise subjeet to a result in a penalty of five percent (5%)
of the amount of the license fee for the first month of the delinquency and an
additional penalty of five percent (5%) for each succeeding month of delinquency,
but not exceeding a total penalty of tweRty five fifteen percent (2-5 15%) of the
amount of such license fee.
34. Collection: Any license fee OF tax and unpaid and all penalties a4;4
deliRquent-under this Chapter, and all penalties theFe ^ may be collected by civil
action, which remedy shall be in addition to any and all other existing remedies
and penalties.
4§. Denial, Suspension or Revocation of General Business License:
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ORDINANCE NO. 5894
a. The ^ ist-Rative SeFyiees Administrator may deny, or suspend
any license application and/or revoke any license issued pursuant to this Chapter
to any ^n*^FpFise person or other license holder who:
i. Is in default in any payment to the City, except for current taxes
and other obligations not past due;
ii. Has obtained a license or permit by fraud, misrepresentation,
or concealment;
iii. Is or has been convicted of, forfeits bond upon, or pleads guilty
to any felony offense directly related to the operation of the applicant's or license
holder's business;
iv. Makes false statements, misrepresentations or fails to disclose
material facts to the City related to any permits or applications;
v. Violates or allows employees, visitors, or patrons to violate
federal, state, or municipal law; or violates any land use, building, safety, fire or
health regulation on the premises on or in which t#e—business is located
conducted; or-
vi. Fails to obtain or maintain a valid state business license or
special endorsement for a specific activity.
b. Chronic nuisance premises:
i. In addition to the provisions of RMC 5-5-3.E.4 a, a general
business license may be revoked if the commercial, entertainment or retail
business enterprise, or the owner(s), person(s) in control, or the managing
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ORDINANCE NO. 5894
agent(s) of the business enterprise, permit, suffer, maintain, carry on or allow
upon or within two hundred feet (200') of such business activities that meet or
exceed the criteria identified in RMC 5-5-2.G (CHRONIC NUISANCE PREMISES). If
the person in control is not the legal owner, the person in control and owner are
both jointly liable for any chronic nuisance premises. Both the owner and person
in control are subject to the provisions and remedies in this Chapter and RMC 1-
3-3. Application of either of these chapters against one party does not preclude
application to another party who is an owner or person in control of a chronic
nuisance premises.
#: ii. Based on a chronic nuisance premises finding by the
Administrator or by a court of competent jurisdiction, the business license
revocation period shall be as follows:
ll Ten (10) calendar days for a finding of a chronic nuisance
premises as defined in RMC 5-5-2.G44.1.a.
u Thirty (30) calendar days for a finding of a chronic nuisance
premises as defined in RMC 5-5-2.G44.1.b.
Lcl Ninety (90) calendar days for a finding of a chronic nuisance
premises as defined in RMC 5-5-2.G44.1.c.
(d) Immediately if the commercial, entertainment or retail
business enterprise, or the person(s) in control, or the managing agent(s) of the
business enterprise permit, suffer, maintain, carry on or allow upon or within two
hundred feet (200') of such business activities which amount to an emergency that
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a City administrator or law enforcement officer reasonably believes requires
immediate action to prevent or eliminate an immediate threat to public health,
morals, safety, or welfare of persons or property in the City of Renton.
iv. Any 9fTeese t-hat- afflqUpts-t9 Mm-re than a naisanse, '"
�v-.- As the objective of this subsection is to encourage
compliance, if the busiRess emeFpNse and eF the person or persons who are
responsible or in control of the bu-SiR^« eRt-, ���^ place of business within the
City abate the conditions) that created, caused, permitted, allowed, or
necessitated the calls for service to the satisfaction of the ^.istrat+ve SeFYor=e?
Administrator in consultation with the City of Renton Police Chief, the remaining
period of revocation shall be waived and the license, subject to the payment of all
applicable fees, penalties, and costs, shall be reissued.
iii a+. If any h-u-si.,^« ^^*^F^ ise ^F person or persons who are
responsible or in control of the business ^^+^F^ ire place of business within the
City create, cause, permit or allow incidents that amount to two (2) or more
chronic nuisance premises findings as defined by RMC 5-5-2.G44.1.c, nePA4m-the
Administrator may suspend that license for one (1) year, without the opportunity
to abate, and ne„ tithe Administrator may consider the circumstances and
findings in any future application request by any person associated with the
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ORDINANCE NO. 5894
offending business enterprise or the person or persons who were responsible or
in control of the offending business enterprise.
iv. Anv offense that amounts to more than a nuisance, includi
but not limited to class A or B felonies, may result in revocation that is not limited
to RMC 5-5-3.E.4.b.ii, and other penalties and/or punishments consistent with the
RMC and/or the RCW.
E Neti„e ^F sureh denialsuspeF;sieR,eati^n ,-hall be m-ai1^r! +^
5g. 9peFatieg-a Engaging in Business Without a General Business License:
It shall be illegal for any business ^^teFpFise person and/or license holder to fail to
obtain or maintain a general business license and yet r=enduct engage in business
within City limits. Each business enterprise, its owner or agent who fails to obtain
or maintain a general business license, in addition to the fines/penalties contained
in subsections 5-5-3.EC.1 or 2 ^f this secti^^ as it they exists or may be amended,
shall be guilty of a misdemeanor, and subject to the penalties of RMC 1-3-1, as it
exists or may be amended.
6. Gross Misdemeanor for False Statement or Representation: It shall be
a gross misdemeanor under RCW 9A.72.040 (False swearing), as it exists or may
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be amended, punishable under RMC 1-3-1 for any person including but not limited
to the owners, shareholders, partners, or principals, whether for themselves, for
others or by others to sign a general business license application, which is required
to maintain a general business license, to make any false or fraudulent application
or false statement or representation in, or in connection with, any such
application.
7. Order to Close Business Enterprise and AFC: Any law enforcement
Rent^^ ^^'iofficer, code compliance officer, or the Administrator may serve a
notice ordering a business enterprise to close and discontinue operation of any
in the City which operates without a valid general business license, or
which violates or otherwise fails to comply with any provision i^ S, H"-s^citi^^ G.5 of
this seetivn Chapter. That notice may be served in person or by certified mail,
return receipt requested. The notice shall indicate the reason(s) that the business
enterprise is ordered to close.
a
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ORDINANCE NO. 5894
8. Appeals:
a. A person shall have the right to appeal an adverse decision made
by the Administrator under this Chapter by filing a written notice of appeal with
the City Clerk within ten (10) calendar days of receipt of the decision, or within
thirteen (13) calendar days of mailing of the decision, whichever is later. The
written notice of appeal shall provide information asserting why the
Administrator's decision should be reversed or modified.
b. For appeals of all decisions except those asserting an emergency,
the Administrator shall review the appeal and enter an order affirming, reversing,
or modifying the decision. The order shall be made in writing and a copy provided
to the appellant either in person or by mail. The appellant shall have a right to
appeal the order to the City's Hearing Examiner by filing a written notice of appeal
with the City Clerk within twenty (20) calendar days of the date of the order. The
rules and procedures governing such appeal shall be the rules and procedures
Prescribed by RMC 4-8-110.
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c. For appeals of decisions asserting an emergency, the appeal shall
be scheduled for hearing directly with the City's Hearing Examiner at the earliest
possible time after receipt of the appeal. The rules and procedures governing such
appeal shall be the rules and procedures prescribed by RMC 4-8-110.
99. Prior to the Administrator issuing or reissuing a general business
license all bac-k-2apaid fees and penalties shall be paid.
h .rl' h the �haFeheldeF
any business ei��efj3rFS2�rr "t�v limited t6 Lrrc�vcirE1i5�rivrcnvrac�T
p r+.,.,rr I, .h,+h,r fer themselves, fAr „+hers .r by etheFS +r
,. j .
Feffese Rtatinn i eetien with any rh -. .-.lira+inn
IF. Rules ARd RwliRg : I. —The d-minis+r-,+ive SeFViees Administrator shall
have the authority j,to adopt, publish and enforce rules and regulations
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ORDINANCE NO. 5894
not inconsistent with this Chapter or with the law for the purpose of carrying out
the provisions of this Chapter, and it shall be unlawful for any
person to violate or fail to comply with any such rules or regulations.
shall, as seen as PFacticable, fix a time and place fer Vhe heaFiAg ef such appeal.
0 mmediately netify the appellant by mail, whieh ameunt must be paid withiR thFee
eh,'rFn,^ of any eemmittee befere—which the appeal is to "^ "^ar^' may, ".
s ul-h.,e enai .,.d-..,,,a the att^^ of any peFSGF; and m alSe . ^ that peFS9n
27
ORDINANCE NO. 5894
as ended, f et the pe FseR e {�"mrl ^vrrefuse so to de.
LLMA
� . R:*PlAfEl:41".tfiR�Cil
business days. if the owner 4vi-shes te appeal, the ewReF may appeal te the HeaFiRg
p Fecero applies, but simply a4eF the ^ eFgeney el^c„r^
1 ARy business +.,...Fire, fir„-r^vK cer^eracl6n mohirs 1 the City IS z. rn�—ua�n�c» cnccT}Trr�c, T� �
T]
ORDINANCE NO. 5894
..M
Munieipal CGUFtj 9F
p,zsencc iR the City is limited to participation in a eting, neget+atien,
aFbitFat+en, deposition eF witness*At-P-P+ew— that- -isle ted to an en- *,s i
5-5-4 SPECIAL ENDORSEMENT AND SPECIAL OCCUPATION LICENSES REQUIRED:
(Rep. by Ord. 4638, 10-14-96)
5-5-5 REQUIREMENTS FOR GENERAL BUSINESS LICENSE REGISTRATIONS
A P P I IGAT IWITHIN AN AQUIFER PROTECTION AREA:
All applications for general business licenses within a designated Aquifer
Protection Area (Zones 1 and 2) shall include a hazardous materials inventory
statement as defined in RMC 4-11-080, Definitions H, if hazardous materials, also
defined in RMC 4-11-080, Definitions H, will be stored, handled, treated, used, or
produced on site. The Water Utility shall review the hazardous materials inventory
statement prior to issuance of the general business license. An aquifer protection
29
ORDINANCE NO. 5894
area operating permit shall be obtained by the applicant prior to issuance of the
general business license if more than the de minimios amount of hazardous
materials as defined in RMC 4 3 05G r a(ii)(,) 4-3-050.G.8.c.i(b), Activities
Exempt From Specified Aqu+feF Wellhead Protection Area Requirements, will be
present on site. A business enterprise that is required to obtain an operating
permit and operates without one shall be in violation of RMC 4-3-050.C.1, ate,
Permit Required.
5-5-6 CONFIDENTIALITY OF INFORMATION:
General business license applications made to the Administrator pursuant to this
Chapter shall be public information subject to inspection by all persons except to
the extent exempt from disclosure under applicable law. The current provisions of
RCW 82.32.330 (Disclosure of return or tax information), as it exists or may be
amended, are adopted by reference.
SECTION II. If any section, subsection, sentence, clause, phrase or work of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase or word of this ordinance.
SECTION III. This ordinance shall be in full force and effect thirty (30) days after
publication of a summary of this ordinance in the City's official newspaper. The summary shall
consist of this ordinance's title.
30
ORDINANCE NO. 5894
PASSED BY THE CITY COUNCIL this 5th day of November, 2018.
Jason Al Seth, Ci
APPROVED BY THE MAYOR this 5th day of November, 2018.
Approved as to form:
Shane Moloney, City Attorney
Date of Publication: 11/9/2018 (Summary)
ORD:2032:10/11/18:scr
DenIF
is Law, Mayor
erk
SEAL =.
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31