HomeMy WebLinkAbout3962ORDINANCE NO. 39h~
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 5.01
of the Kent City Code, entitled "General Business
Licenses," to require all non-exempt business
ent1t1es doing business 1n the City to obtain
general business licenses.
RECITALS
A. The current version of the general business license chapter of
the Kent City Code does not spec1f1cally require that businesses doing
business within the City must obtain general business licenses even 1f
those businesses have their premises, primary places of business or main
offices outside the City.
B. The City Council of the City of Kent finds that 1t 1s m the best
interests of its c1t1zens to clarify the Code to specify that general business
licenses must be obtained from all ent1t1es doing business in Kent,
irrespective of the location of their premises, primary places of business,
or main offices.
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Amend Ch. 5.01 KCC
NOW THEREFORE 1 THE CITY COUNCIL OF THE CI"TY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. -Amendment -Ch. 5.01 KCC. Chapter 5.01 of the
Kent City Code, entitled "General Business Licenses," 1s amended as
follows:
CHAPTER 5.01
GENERAL BUSINESS LICESES
Sec. 5.01.010. Title. This chapter shall constitute the business
license code of the City and may be cited as such.
Sec. 5.01.020. Power to license for regulation and/or
revenue This chapter is adopted by the City, exercising its power
authorized under general law to license and revoke the license for cause,
to regulate, make inspections and to impose excises for revenue or
regulation in regard to all places and kinds of businesses, occupations,
trades, professions and any other lawful activity, as such power 1s
described in the RCW 35A.82.020. The prov1s1ons of this chapter shall be
liberally construed for the accomplishment of such purposes.
Sec. 5.01.030. Definitions. The following words and phrases
used 1n this chapter, except where they shall be clearly contrary to or
1ncons1stent with the context of the chapter or the section in which used,
shall be construed as follows:
A. Business means all activities, occupations, trades, pursuits,
professions and matters located within the City or within the City's
JUrisd1ction, operated on a permanent and/or oAgeing l3as1s whether
operated with the obJect of gain, benefit, advantage or profit, or operated
not for profit, to the business enterprise or to another person, directly or
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indirectly. Business herein shall also mean apartment and residential
rental properties of three (3) or more units, but shall not mean
governmental agencies. Such activities not requiring a business license
may, however, be subject to temporary use regulations of KCC Title 15,
Zoning. This chapter shall not apply to any business or business
enterprise that the City 1s forbidden by law to tax.
B. Business enterprise means each location at which a person engages
in business within the City.
C. Director means the planning director of the City or des1gnee.
D. Department means the planning division of the -department of
economic and community development of the City.
E. Employee means any person employed at any business enterprise
who performs any part of his duties within the City, except casual laborers
not employed in the usual course of business. All officers, agents, dealers,
franchisees, etc., of a corporation or business trust, and partners of a
partnership, except limited partners, are employees within this def1n1t1on.
F. Engage m business means to commence, conduct or continue in any
business.
G. Entity means a person, or a legally created form of partnership,
corporation or assoetat10n, mcluding employees thereof, engaged m
busmess.
H. Licensee means any business granted a business license.
Sec. 5.01.040. Administration and enforcement.
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A. The director of planning, under the authority granted pursuant to
RCW Title 35A and the code, shall have general charge of, and superv1s1on
over, the adm1rnstrat1on and enforcement of this chapter and shall exercise
such power and perform all the duties imposed upon him or her by this
chapter through the department.
B. The director may call upon other City departments to aid in the
enforcement of this chapter, and it shall be the duty of all department
heads to report any v1olat1ons of this chapter to the director.
C. Applicant shall, upon reasonable request, provide or allow the
director to inspect relevant documentation of any licensee for venf1cat1on
of the information provided by applicant/licensee on the business license
application. The results of any such 1nspect1on shall be confidential unless
a hearing is requested under the prov1s1ons of this chapter in connection
with the license.
D. The director shall establish adm1rnstrat1ve rules and regulations
consistent with this chapter for the purpose of enforcing and carrying out
its prov1s1ons.
Sec. 5.01.050. General business license required. It is
unlawful for any person entity to conduct, operate, engage 1n or practice
any business in the City without having first obtained a general business
license for the current calendar year or unexpired portion thereof, and
paying the fees prescribed in this chapter; provided that, persons under
the age of eighteen (18) years shall not be required to have a business
license. -Entities with premises, primary places of business or main offices
outside the City l1m1ts must be licensed before conducting business w1th1n
the City l1m1ts.
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Sec. 5.01.060. Separate general business license required. A
separate license shall be obtained for each branch, establishment or
location at which the business related act1v1ty 1s carried on, and each
license shall authorize the licensee to carry on, pursue or conduct only that
business, or business enterprise at that location. A separate license shall
not be required for a facility determined by the director to be an accessory
facility to a branch, establishment or location for which a license is issued.
When the place of business of a business enterprise is changed, the
licensee shall return the license to the department and a new license shall
be issued for the new place of business free of charge, provided that the
cntena for issuance, as set forth in KCC 5.01.100 are met at the new
location.
Sec. 5.01.070. Licenses not transferable. No license issued
under the prov1s1ons of this chapter shall be transferable or assignable
unless otherwise spec1f1cally provided for; except that a license may be
transferred when a business changes its structure of ownership; provided,
however, that a new business license shall be required upon a substantial
change of ownership, whereby those pnmanly accountable for the business
have changed or upon substantial change m the type of business operated,
whereby the primary business being conducted has s1gn1f1cantly changed.
Sec. 5.01.080. License to be posted. All licenses issued
pursuant to this chapter authonz1ng the operation or conducting of any
occupation, business, trade or entertainment at a specified location shall
be posted in a conspicuous place at such location. Such license shall be
displayed by the licensee at the request of any interested person.
Sec. 5.01.090. Disclaimer of City liability. Issuance of a license
pursuant to this chapter does not constitute the creation of a duty by the
City to indemnify the licensee for any wrongful acts against the public, or
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to guarantee the quality of goods, services or expertise of a licensee. The
issuance of a license does not shift respons1b1l1ty from the licensee to the
City for proper training, conduct or equipment of the licensee or his
agents, employees or representatives, even 1f specific regulations require
standards of training, conduct or inspection.
Sec. 5.01.100 General qualifications of licensees.
! A. No license shall be 1ssued 1 nor shall any license be renewed,
pursuant to the prov1s1ons of this chapter to:
1. An applicant who 1s not eighteen (18) years of age at the time
of application;
2. An applicant who has had a similar license revoked or
suspended pursuant to KCC 5.01.150;
3. An applicant who shall not first comply with the general laws
of the state; or
4. An applicant who seeks such a license in order to practice
some illegal act or some act inJunous to the public health or safety.
B. Any person, including City off1c1als, may submit complaints or
objections to the director regarding the appl1cat1on for any license, and the
director 1s additionally authorized to request and receive 1nformat1on from
all City departments as will tend to aid him 1n determining whether to issue
or deny the license. Such information shall be conf1dent1al unless a hearing
1s requested on the appl1cat1on, or if the applicant shall request the
information in writing. All information, complaints or objections shall be
investigated and considered by the director pnor to issuing, denying or
renewing any license.
Sec. 5.01.110. Application procedure, license fee.
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A. The director is authorized to prepare a schedule of fees for general
business licenses issued, and when approved by the City Council by
resolutmn, such schedule shall govern the amount of the license fee.
B. All businesses operated not for profit shall be exempt from paying a
business license fee upon appl1cat1on and upon satisfactory proof to the
director of such not for profit status.
C. The business owner shall make appl1cat1on for any business license
required under this chapter to the director on a form prepared by the
department, which application shall be accompanied by a receipt from the
department showing payment of the required fee. Business licenses shall
be granted annually. If the appl1cat1on 1s made within six (6) months of the
date fixed for exp1rat1on, the fee shall be one-half the annual fee.
Sec. 5.01.120. Approval of business license. All licenses
approved for issuance by the director shall be cond1t1oned upon compliance
at all times with all applicable ordinances, regulations and statutes of the
City and the state.
Sec. 5.01.130. Renewal. The director shall mail the forms for
application of business license renewals to business enterprises m the City
to the last address provided to the director by the licensee. Failure of the
business enterprise to receive any such form shall not excuse the business
enterprise from making application for and securing the required license or
renewal, or for payment of the license fee when and as due hereunder.
Sec. 5.01.140. Overpayment or refund of license fee.
Whenever a business enterprise makes an overpayment, and w1th1n two
(2) years after the date of such overpayment, makes an appllcat1on for a
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refund or credit for the overpayment, the claim shall be considered by the
director, and 1f approved, shall be repaid from the general fund.
Sec. 5.01.150 Denial, revocation or suspension of license
grounds, etc.
A. In add1t1on to the other penalties provided by law, any business
license issued under the prov1s1ons of this chapter may be denied, revoked
or suspended at any time, where:
1. The license was procured by fraud, false representation or
material om1ss1on of fact, or for the v1olat1on of or failure to comply with
any of the prov1s1ons of this chapter by the person holding such license, or
any of his servants, agents or employees, while acting within the scope of
their employment; or
2. The licensee violates any applicable City, state or federal law,
or the purpose for which the license was issued 1s being abused to the
detriment of the public, or such license 1s being used for a purpose
different from that for which it was issued. No license shall be revoked or
suspended except in accordance with the procedures provided in this
chapter.
B. Upon revocation, the business or similar business shall not be
granted a license, upon any new appl1cat1on that may be made, for a
period of sixty (60) calendar days from date of revocation. The period of
suspension shall be fixed by the director for up to and including ten (10)
days for the first suspension and up to and including thirty (30) days for
any subsequent suspension within twelve (12) calendar months of a pnor
suspension.
C. It is unlawful for any person whose license has been revoked or
suspended to continue operation of the business enterprise, or to keep the
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license issued to him m his possession and control, and the license shall
1mmed1ately be surrendered to the director. When revoked, the license
shall be canceled. When suspended, the director shall retain 1t during the
period of suspension.
Sec. 5.01.160. Denial of license procedure. Upon denial of a
license, the director shall, by cert1f1ed marl, give written notice of such
action to the applicant, which notrce shall include a written report
summarizing the complaints, ob1ectrons and information received and
considered by the director and further stating the basis for such action.
Any applicant whose appl1cat1on 1s denred may, w1th1n ten (10) calendar
days after notice of denial as provided 1n this section, request a hearing 1n
writing on such denial before the hearing examrner. Any license for which
renewal has been denied shall remain in effect pendrng the deterrnrnat1on
made as a result of such hearing examiner hearing. If no request for
hearing is received within the time specifred, the director's decisron shall
be final.
Sec. 5.01.170. Suspension or revocation procedure.
A. Actions to suspend or revoke any lrcense shall be commenced by
filing wrth the department a written complaint setting forth rn spec1f1c
terms the basis therefor. Upon receipt of such complaint, the director shall
review the allegations set forth rn the complaint and perform a preliminary
review of the facts as deemed appropriate under the circumstances to
determine 1f the allegations 1n the complaint may constitute cause for
suspension or revocation. If the director determines that the allegations in
the complaint may constitute cause for suspension or revocation, a copy of
such complaint shall be mailed by certified mail to the licensee at his last
address as shown by the license records of the director, and shall be
accompanied by a notice that the license may be suspended or revoked.
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Amend Ch. S.Ol KCC
B. The licensee shall, w1th1n ten (10) working days after receiving any
such complaint, mail by cert1f1ed mall to the complainant and file with the
director his written answer which shall admit or deny the allegations of the
complaint. The licensee may provide, with the answer, any other
information which the licensee deems relevant for cons1derat1on by the
director.
C. Upon failure of any licensee to file an answer as provided in this
section or in the event that no hearing 1s requested as set forth below, the
director shall investigate the allegations of the complaint, and 1f cause
exists therefor may recommend suspension or revocation of the license or
otherwise he shall dismiss the complaint. If the director finds upon a
sufficient showing that the conduct complained of has been corrected and
is unlikely to be repeated, he may dismiss such complaint. The complaint
shall be d1sm1ssed where the conduct complained of has been corrected.
D. Notice of the action of the director summarizing his findings and
conclusions and recommended action to be taken on the permit, 1f any,
shall be malled by certified mall to the complainant and to the licensee.
E. In all cases in which a complaint is d1sm1ssed, other than upon a
written agreement between the complainant and licensee or in which
denial, suspension, revocation or related action as provided for 1n this
chapter 1s taken by the City, the aggrieved party may, within ten (10)
working days of the mailing of the notice of the director's action, request a
hearing, in writing, together with the appropriate hearing examiner filing
fee, established by City Council resolution, both of which the director shall
transmit to such hearing examiner. The director's recommended action to
be taken shall constitute final action by the City should the aggneved party
fail to request a hearing as set forth 1n this section.
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F. The hearing before the hearing examiner shall be held according to
the procedures set forth in KCC 12.02.060. The hearing examiner's
dec1s1on on such business license shall represent the final action by the
City, unless an appeal is made to the superior court within ten (10)
working days after issuance of such decision.
G. When a heanng has been requested by a licensee 1n connection with
the suspension or revocation of a license, the license shall remain in effect
pending the determination made as a result of such hearing. In cases
involving a substantial threat to the public health, safety or welfare, the
license may be summarily suspended and 1n such case the date for hearing
shall be set within five (5) days following such suspension.
Sec. 5.01.180. Penalties.
A. Monetary penalties.
1. Penalty for operation of a business enterprise without a
license shall be assessed by the director in an amount not to exceed five
hundred dollars ($500). This penalty shall not apply to business
enterprises fa1l1ng to pay the license renewal fee as set forth in subsection
(A)(2) of this section.
2. Failure to pay the license fee within ninety (90) days after the
date of expiration, pursuant to KCC 5.01.110, shall subject the licensee to
a monetary penalty in the amount of fifty dollars ($50) to reinstate the
license, 1n add1t1on to the required license fee.
B. Collect10n. Any license fee or tax due and unpaid and delinquent
under this chapter shall constitute a debt of the City. The City may,
pursuant to Chapter 19.16 RCW, use a collection agency to collect unpaid
fees or taxes owed or assessed, or 1t may seek collection by court
proceedings, which remedies shall be in add1t1on to all other remedies.
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C. Criminal penalties. Any business licensee who violates or falls to
comply with any of the prov1s1ons of this chapter or other lawful rule or
ordinance adopted by the City pursuant thereto shall upon conv1ct1on be
punished as described in the general criminal penalty prov1s1ons of KCC
1.01.140.
Sec. 5.01.190. Application as public record. General business
license appl1cat1ons made to the director pursuant to this chapter shall be
public information sub3ect to inspection by all persons except to the extent
those records may be deemed to be private or would result in unfair
compet1t1ve disadvantage to such business enterprise if disclosed, all as
more particularly described in Chapter 42.17 RCW.
SECTION 2. -Severabilitv. If any one or more section,
, subsections, or sentences of this ordinance are held to be unconst1tut1onal
or mvaltd, such dec1s1on shall not affect the val1d1ty of the remaining
portion of this ordinance and the same shall remain in full force and effect.
SECTION 3. -Corrections by Ctty Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clencal errors~ references to other local, state or federal laws,
codes, rules, or regulations; or ordinance numbering and
sect1on/subsect1on numbering.
SECTION 4. -Effective Date. This ordinance shall take effect and
be 1n force thirty (30) days from and after its passage as
12 General Business License to
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ATTEST:
APPROVED AS TO FORM:
PASSED: 16 day of
APPROVED: 15' day of
PUBLISHED: IF1 day of -
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I hereby certify that this is a true copy of Ordinance No. 391:,c;......
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
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~EAL) BR~NDAJAco/C:nY CLERK
P \C1vfll.Orcltnanee\Elu;smessLlcense-ConductBnesslnOty dc>CX ... ._ ::... -
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13 General Business License to
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Amend Ch. 5.0l KCC