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AN ®R®INANCE of the City Council of the
City of Kent, Washington, amending various
sections within Chapters 5.01 and 5.14 of the Kent
City Code entitled General Business Licenses, to
clarify annual business licensing requirements and
provide enhanced enforcement options to
encourage compliance.
RECITALS
A. Chapter 5.01 Kent City Code establishes business licensing
requirements for all business enterprises conducting business within the
city.
B. While the City strives for equity in enforcement of the
established business licensing requirements, Chapter 5.01 Kent City Code
currently does not provide effective enforcement options to encourage
compliance with the requirements.
C. Clearly stated licensing requirements and effective
enforcement options are necessary to ensure that each business enterprise
doing business within the City is appropriately licensed for those activities.
D. Several provisions of Chapters 5.01 and 5.14 of the Kent City
Code erroneously refer to license "renewals," despite business licenses
expg at the end of each calendar year and the requirement that a new
license be obtained for each subsequent calendar year. This ordinance
1 Amend Chapters 5.01 and 5. 14, RIX -
Re: Business Licenses
amends those provisions to clarify that businesses must relicense, not
renew, for each year that they continue to engage in business within the
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
SE'CT.I®N 1, -Amendment -KCC 5.01.020. Section 5.01.020 of
the Kent City Code, entitled xx
Definitions," is amended as follows:
Sec. 5.01.020. ®efinitions. Unless the context clearly requires
otherwise, the definitions in this section apply throughout this chapter.
A. Business means all activities, occupations, pursuits, or professions
located and/or engaged in within the city with the object of gain, benefit
or advantage to the person engaging in the same, or to any other person
or class, directiv or indirectly, and includes nonprofit enterprisesBusiness
. The term business shall also mean
apartment and residential rental properties of two (2) or more units, as
well as rental housing and rental property as those terms are defined in
Chapter 5.14 KCC, but shall not mean governmental agencies.
B. Business enterprise means each location at which business is
conducted within the city. A business may have more than one (1)
business enterprise within the city.
C. Director means the finance director of the city or his or her
designee.
2 Amend Chapters 5.®1 and 5.14, /CCC
Re: business Licenses
D. Department means the finance department of the city.
E. Licensee means any business or business enterprise that applies for
or is granted a business license. The term licensee shall also mean the
person who submits a business license for approval, the owner or operator
of a business or business enterprise, and any corporation, partnership,
nonprofit, or organization which owns or operates the business or business
enterprise.
SEC%I®N 2. -Amendment -KCC 5.01.090. Section 5.01.090 of
the Kent City Code, entitled "Application procedure, license fee," is
amended as follows:
Sec. 5.01.090. �►pplication procedure, license fee.
A. The city council shall, by resolution, establish the fees to be
assessed to implement and operate the regulations adopted in this
chapter. In the event of any conflict or ambiguity regarding any fees
established by council resolution, the finanee
director is authorized to
interpret the fee schedule(s) to resolve t-Katthe conflict or ambiguity.
B. All businesses operated not for profit or a qualifying participant in
the STAR program established in Chapter 5.14 KCC shall be required to be
licensed but shall be exempt from paying a business license fee upon
satisfactory proof to the director of their not-for-profit or STAR qualified
status.
C. The licensee shall make application 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. A new business license shall be
3 Amend Chapters 5.01 and 5.14, KCC
Re: Business Licenses
required annually. If the application for a new license is made within six
(6) months of the date fixed for expiration, the fee shall be one-half the
annual fee; pFevided,
SECTI®lV .3. -Amendment5.01.1j0. Section 5.01.110 of
the Kent City Code, entitled ��Renewal," is amended as follows:
A. A business license shall expire at the end of the calendar year for
which it is issued.
B. The director mays#a-I� mail the forms for application fora new
business license renewals to business enterprises in the city to the last
address provided to the director by the licensee. Failure of the business to
receive any such form shall not excuse the business from securing the
required license eF reige al or from paving the license fee
when due.
C -B. Failure to obtain a new business license for each subsequent
calendar yearquired
enewal d�'� shall subject the licensee to the penalties set forth in
KCC 5.01.190 a n9enetaFy penalty in the ameunt of fifty dellaFs ($S
nsta e the license, in addition to the required license fee.
D Business licenses shall be obtained by January 1 of each subseQuent
calendar year that the person or business continues to enaaae in business
within the city.
4 Amend Chapters 5.OI and 5.14, iCCC
Re: Business Licenses
SECTION 4. - Amendment - KCC 5.01.140. Section 5.01.140 of
the Kent City Code, entitled "Denial or revocation of license -Notice and
opportunity to be heard," is amended as follows:
Sec. S.Oi.140. ®enial or revocation of license ®Notice and
opportunity to be heard. In accordance with KCC 5.01.150 through KCC
5.01.180, Aa licensee shall have the right to notice and an opportunity to
be heard subsequent to the denial of a business license, or, prior to the
revocation o in the f a Feveeatien e an existing license_ er refusal
styeh business--lieens-e—As an alternative to the process set forth in
sections KCC 5 01 150 through KCC 5 01 180, the city may seek an
injunction or other legal remedy in court.
SECTION 5, -Amendment -KCC 5.01.190. Section 5.01.190 of
the Kent City Code, entitled "Penalties," is amended as follows:
Sec. 5.01.190. Violations and enforcement -Penalties. Anv
violation of any provision of this chapter may be enforced as provided for
in this section Each separate date, or portion thereof, during which any
violation occurs shall constitute a separate violation.
A. Civil-vtefa�ieninfraction. A business, licensee or person who violates
any provision of this chapter commits a class 1 civil infraction as set forth
in RCW 7 80 120(1)(a) as currents enacted or hereafter amended. An
infraction issued pursuant to this section shall be issued by law
enforcement officers, filed in the Kent Municipal Court and processed in the
same manner as other infractions filed in the Kent Municipal Court.T#e
batengent may be FequiFed as pFevided the If a business, licensee, or
person cited for failure to obtain a business license appears before the
5 Amend Chapters 5.01 and 5.14, KCC -
Re: Business Licenses
Kent Municipal Court and provides written evidence that he or she obtained
a business license prior to adjudication of the infraction, the monetary
penalty shall be reduced to one -hundred dollars ($100.00) and the court
nay assess court administrative costs of twenty-five dollars ($25.00). The
court administrative costs shall be in lieu of the statutory assessments
referenced in RCW 7.80.120.
B Civi/ code enforcement A civil code enforcement action may be
instituted pursuant to Chapter 1.04 KCC to effectuate the abatement or
corrective action required as a result of a violation of this chapter. Failure
to timed abate the violation or take the required corrective action may
result in the issuance of a fine in accordance with KCC 1.04.080 and KCC
1.04.200.
nowingly violates a provision of this chapter, or commits a repeat
iolation of this chapterr is guilty of a misdemeanor, punishable by up to
he maximum penalty established in RCW •A 1 1 now -•
r hereafter amended. For purposes of this section, "repeat violation"
neans either a prior committed finding by the Kent Municipal Court of an
6 Amend Chapters S.AI and 5.14, KCC -
Re: Business Licenses
IN a
B Civi/ code enforcement A civil code enforcement action may be
instituted pursuant to Chapter 1.04 KCC to effectuate the abatement or
corrective action required as a result of a violation of this chapter. Failure
to timed abate the violation or take the required corrective action may
result in the issuance of a fine in accordance with KCC 1.04.080 and KCC
1.04.200.
nowingly violates a provision of this chapter, or commits a repeat
iolation of this chapterr is guilty of a misdemeanor, punishable by up to
he maximum penalty established in RCW •A 1 1 now -•
r hereafter amended. For purposes of this section, "repeat violation"
neans either a prior committed finding by the Kent Municipal Court of an
6 Amend Chapters S.AI and 5.14, KCC -
Re: Business Licenses
infraction issued under this chapter, or a committed finding by the hearing
examiner of a notice of violation issued under Chapter 1.04 KCC, or a
committed finding under KCC 1.04.130, that a violation of this chapter has
occurred or has been committed by the same business licensee, or person
within a five (5) year period. To constitute a repeat violation, the violation
need not be the same violation as the prior violation.
D Injunction In addition to or as an alternative to any other
enforcement or penalty provided for in this chapter, and because a
violation constitutes an actual injury to the community, the city may seek
injunctive or other equitable relief to prevent any activity in violation of
this chapter.
E Collections Any license fee or penalty due, unpaid, and delinquent
under this chapter shall constitute a debt to the city. The city may,
pursuant to Chapter 19,16 RCW, use a collection agency to collect unpaid
license fees or penalties, or it may seek collection by court proceedings,
which remedies shall be in addition to all other remedies.
SECTION 6, -Amendment -KCC 5,14.030. Section 5.14.030 of
the Kent City Code, entitled "
Business license required - Penalty," is
amended as follows.
Sec. 5.14.030. Business license required -Penalty.
A. License Required. As a condition of operation, each and every rental
property within the city limits shall, in accordance with Chapter 5.01 KCC,
obtain and maintain a business license. The issuance of a license shall be
considered a privilege and not an absolute right of the landlord, and the
possession of such license shall not entitle the landlord to a new business
license for subsequent vearsn autengatie Fenewal ef a business li"e"s".
7 Amend Chapters 5.01 and 5,14, KCC -
Re: Business Licenses
B. Penalty for not obtaining license. In addition to the penalties set
forth in Chapter 5.01 KCC, there shall be assessed a penalty of one
hundred dollars ($100) per day for each day that a rental property
operates without a valid and current business license for the first ten (10)
days of noncompliance with this section, and up to four hundred dollars
($400) per day for each day in excess of ten (10) days of noncompliance
with this section.
SECTION 7, -Amendment -KCC 5.14.040. Section 5.14.040 of
the Kent City Code, entitled XXBusiness license period
-Application and
renewal - Fee," is amended as follows:
Sec. 5.14.040. Business license period - Application and
relicensing - Fee. The business licensing period shall run from
January 1St through December 31St of each year. Any application for a
license required by this chapter shall be accompanied by a fee as
established in Chapter 5.01 KCC and any resolution established in
accordance with that chapter, as well as any fee required in accordance
with KCC 5.14.060, if applicable. Business licensing applications shall
comply with the requirements of KCC 5.01.090 and 5.01.110.
SECTION 8. -Amendment -KCC 5.14.060. Section 5.14.060 of
the Kent City Code, entitled "
Business license fee -Increase for code
violations," is amended as follows.
Sec. 5.14.060. Business license fee - Increase for code
violations.
A. Rental property shall be maintained in accordance with applicable
building codes pursuant to Chapter 14.01 KCC, and shall be free of
8 Amend Chapters 5.01 and 5.14, KCC
Re; Business Licenses
nuisances, graffiti, litter, rodents, weeds, and junk vehicles in conformance
with Chapters 8.01, 8.04, 8.06, 8.07, and 8.08 KCC as now enacted or
hereafter amended. The rental property shall be maintained in accordance
with all other codes applicable to rental property.
B. If, at the time a landlord applies for a subsequent business license
enewal, it is determined that a notice of violation pursuant to Chapter
1.04 KCC was issued relating to the condition of the rental property, and
the notice of violation was issued within the calendar year preceding the
year for which the new license is required, the rental property shall be
assessed an additional business license fee of one thousand dollars
($1,000), which shall be added to the fee required by Chapter 5.01 KCC;
provided, this additional fee shall not be assessed in the event that, prior
to the date of application for the business license, either a hearing
examiner or a court with jurisdiction has determined that the violation was
not committed or the city has determined that the code violation was
voluntarily corrected.
C. The additional fee established in subsection (B) of this section shall
aIso apply to the issuance of an new initial license if there is good cause to
believe that the landlord who owned the property transferred the property
to a new landlord in order to avoid the provisions of subsection (B) of this
section.
SECTION 9. -Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 10. - Corrections by City 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
9 Amend Chapters 5.01 and 5.14, KCC
Re: Business Licenses
correction of clerical errors; ordinance, section, or subsection numbering,
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 11. -Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage, as provided by law.
ATTEST:
KIMBERLEY
APPROVED AS TO FORM:
BRUBAKER, CITY ATTORNEY
APPROVED: day of WC)\ QV , 2016.
PUBLISHED: day of , 2016.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
� SEAL)
KIMBERLEY Pi,, IN MOTO, CITY CLERK
10 Amend Chapters 5.01 and 5.14, KCC -
Re: business Licenses
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