HomeMy WebLinkAbout4842 AN ORDINANCE of the City Council of the City of
Bremerton, Washington, repealing Chapter 5.02 of the Bremerton
Municipal Code relating to business licenses, business and
occupation taxes and utility taxes and creating a new Chapter 5.02
relating to the issuance, denial, and revocation of general business
licenses in the City of Bremerton.
WHEREAS, the current provisions of the Bremerton Municipal Code
relating to business licenses, business and occupation taxes and utility taxes are currently
contained in one chapter of the City Code; and
WHEREAS, separating business license, business and occupation taxes and utility
taxes into separate chapters and creating another chapter relating to the administration of said
codes in this ordinance and in companion ordinances considered concurrently with this
ordinance, would assist in the interpretation and administration of the various provisions related
to each code; and
WHEREAS; the City Council desires to create a new chapter relating to business
licenses and further update the provisions relating to the issuance and administration of business
licenses in the City; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 5.02 of the Bremerton Municipal Code entitled "Business
Licenses and Occupations Taxes" is hereby repealed in its entirety.
SECTION 2. A new chapter, Chapter 5.02, entitled "General Business Licenses"
is hereby added to the Bremerton Municipal Code to read as follows:
CHAPTER 5.02
GENERAL BUSINESS LICENSES
5.02.010 Title. This chapter shall constitute the business license code of the city and may
be cited as such.
5.02.020 Power to license for regulation and/or revenue. This chapter is adopted by
the city, exercising its power authorized under general law to license for the privilege of
engaging in business in the City 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,
General Business Licenses
occupations, trades, professions and any other lawful activity, as such power is described in the
RCW 35.22.280(32). The provisions of this chapter shall be liberally construed for the
accomplishment of such purposes.
5.02.030 Administrative Provisions. The provisions contained in Chapter 3.86 BMC
shall be fully applicable to the provisions of this chapter except as expressly stated to the
contrary herein.
5.02.040 Definitions. For the purposes of this chapter, the definitions set forth in
Chapter 3.48 BMC shall apply to this chapter as applicable. In addition, the following
definitions will apply:
"Ancillary rental" means 1) the renting and/or leasing of real property by a person as secondary
to the primary business use by said person for which a business license is issued pursuant to this
chapter, or 2) the renting and/or leasing of no more than one residential unit within the structure
of the primary residence of the landlord, or 3) the renting and/or leasing of no more than one
auxiliary dwelling unit located on the same tax parcel as the primary residence of the landlord.
"Casual rental" means the renting of the primary residence of the landlord for a period of four
months or less in any given calendar year.
"Engaging in business" shall also include the renting and/or leasing real property except for
casual rentals or ancillary rentals.
"License to use" means a personal privilege to do some particular act or series of acts on real
property without possessing any estate or interest therein.
"Possessory interest" means the right to exert control over specific real property, or a portion
thereof, to the exclusion of others.
"Renting and/or leasing of real property" means the creation of a possessory interest in
residential, commercial and/or industrial real property in another party by lease, sublease,
expressed or implied rental agreement, or tenancy from period to period, for the purpose of gain,
and includes leases or rentals in mixed use structures. The renting and/or leasing of real property
does not include the license to use real property.
5.02.050 Administration and enforcement.
(a) The Director of Finance, or designee, shall have general charge of, and
supervision over, the administration and enforcement of this chapter and shall exercise such
power and perform all the duties imposed upon him or her.
(b) Applicant shall, upon reasonable request, provide or allow the Director to inspect
relevant documentation of any licensee for verification of the information provided by
applicant/licensee on the business license application.
(c) The Director may establish administrative roles and regulations as deemed
appropriate, consistent with this chapter for the purpose of enforcing and carrying out its
provisions.
5.02.060 General business license required. Any person who "engages in business~'
activities in the City as this term is defined in Chapter 3.48 BMC and this chaPter shall first
2
General Business Licenses
obtain a general business license for the current calendar year or unexpired portion thereof, and
pay the fees prescribed in this chapter.
5.02.070 Separate general business license required. A separate license shall be
obtained for each branch, establishment or location at which the business related activity is
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
business activity determined by the Director to be an accessory activity to a branch,
establishment or location for which a license is issued. A separate license shall not be required
for the renting and/or leasing of real property in multiple locations which shall be considered a
single business encompassing all rental or leased units in the city by a single owner.
5.02.080 Licenses not transferable. No license issued under the provisions of this
chapter shall be transferable or assignable unless otherwise specifically provided for herein. A
license may be transferred 1) when a business changes its structure which does not result in a
substantial change of ownership or, 2) when there is no substantial change in the type of business
operated. A new license shall be required when the place of a business location is changed, there
is a substantial change of ownership of a business or there is a substantial change in the type of
business operated.
5.02.090 License to be posted. All licenses issued pursuant to this chapter shall be
posted in a conspicuous place at such location. No person to whom a license has been issued
pursuant to this chapter shall allow any person for whom a separate license is required, to operate
under or to display such license, nor shall such other person operate under or display such
license.
5.02.100 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 to guarantee the quality of goods, services or expertise of a licensee. The
issuance of a license does not shift responsibility from the licensee to the city for proper training,
conduct or equipment of the licensee or his agents, employees or representatives, even if specific
regulations require standards of training, conduct or inspection.
5.02.110 General qualifications of licensees.
(a) No license shall be issued, nor shall any license be renewed, pursuant to the
provisions of this chapter to:
(1)
An applicant who is not eighteen (18) years of age at the time of
application;
(2)
BMC 5.02.180;
An applicant who has had a similar license denied or revoked pursuant to
(3)
An applicant who shall not first comply with the general laws of the state;
or
General Business Licenses
(4) An applicant who seeks such a license in order to practice some illegal act
or some act injurious to the public health or safety.
5.02.120 Application procedure, license fee.
(a) The business owner 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. Business
licenses shall be granted annually. The license application fee is prorated per month as applicable
and is nonrefundable whether or not the license application is later denied.
(b) The fee for a business licensee shall be as set forth in Chapter 3.01 BMC as
currently enacted and as hereinafter amended.
5.02.130 Approval and issuance of business license. All licenses approved for issuance
by the Director shall be conditioned upon compliance at all times with all applicable ordinances,
regulations and statutes of the city and the state. Upon issuance, the license shall be valid as long
as licensee continues in business and pays the license fee and occupation tax due pursuant to the
provisions of this chapter and chapters 3.48 BMC and 3.86 BMC and shall continue to be valid
until the expiration date, which will be December 31st of any given year. The license shall be in
addition to any license required under any law or ordinance of the City. Issuance of a business
license does not imply compliance with other City codes.
5.02.140 Renewal. The Director shall mail the forms for business license renewals to
business enterprises in 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.
5.02.150 Application as public record. General business license applications made to
the Director pursuant to this chapter shall be public information subject to inspection by all
persons except to the extent those records may be deemed to be private or would result in unfair
competitive disadvantage to such business enterprise if disclosed, all as more particularly
described in Chapter 42.17 RCW.
5.02.160 Nonpayment of business license fee. All license fees unpaid under this
chapter when due and all interest and penalties thereon, shall constitute a debt to the City and
may be collected with any taxes owed and in the same manner as unpaid taxes under chapters
3.48 BMC and 3.86 BMC.
5.02.170 Grounds for denial or revocation of license.
(a) In addition to the other penalties provided by law, any business license issued
under the provisions of this chapter may be denied or revoked pursuant to the provisions of this
chapter at any time, where:
(1) The license was procured by fraud, false representation or material
omission of fact, or for the violation of or failure to comply with any of the provisions of this
4
General Business Licenses
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 or employee of the licensee violates any of the provisions of
this chapter or any applicable city, state or federal law, including, but not limited to Chapters
3.48, 3.50 and 3.86 BMC, or the purpose for which the license was issued is being abused to the
detriment of the public, or such license is being used for a purpose different from that for which
it was issued.
(3) The licensee submits a false or fraudulent City tax return or makes a false
statement on any City tax return.
(4) The licensee fails to pay any license fee or tax to the city when due
including, but not limited to any taxes pursuant to Title 3 BMC.
(5) The licensee or employee has been convicted of a crime involving the
business.
5.02.180 Denial and Revocation-procedure.
(a) Any application for the issuance or renewal of a license issued under this chapter
may be denied, or any license issued under this chapter may be revoked based on one or more of
the grounds set forth in BMC 5.02.170.
(b) The Director shall have the power and authority to deny the issuance of or revoke
any license issued under the provisions of this chapter. The Director shall notify such licensee in
writing by certified mail or personal service of the denial or revocation of his or her license
application or license and the grounds therefore.
(c) Any applicant or licensee may, within fourteen (14) calendar days from the date
that the denial or revocation notice was mailed to the applicant or licensee, appeal from such
denial or revocation by filing a written notice of appeal setting forth the grounds therefore with
the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC. A filing fee as set forth in
chapter 3.01 BMC shall be submitted with the appeal, which filing fee is required to process the
appeal. The hearing shall be conducted in accordance with the procedures for hearing contested
cases set out in Chapter 2.13 BMC. After the hearing thereon the Administrative Hearing
Examiner shall, after appropriate findings of fact, and conclusions of law, affirm, modify, or
overrule the denial or revocation and order issuance or reinstatement of the license, and may
impose any terms thereupon..
(d) No renewal or revocation of a license issued pursuant to the provisions of this
chapter shall take effect until fourteen (14) calendar days after service of the notice thereof by
the Director, and if the appeal is timely filed, the renewal or revocation shall be stayed pending
final action by the Administrative Hearing Examiner. All licenses which are revoked shall be
surrendered to the City on the effective date of such revocation.
General Business Licenses
(e) The decision of the Administrative Hearing Examiner shall be final. The
applicant or licensee and/or the City may seek review of the decision by the Superior Court of
Washington in and for Kitsap County within twenty-one (21) calendar days from the date of the
decision. If review is sought as herein prescribed the renewal or revocation shall be stayed
pending final action by the Superior Court.
(f) When revoked, the license shall be canceled and immediately surrendered to the
Director. Upon revocation of any license as provided in this chapter no portion of the license fee
shall be returned to the licensee.
(g) Upon denial or revocation, the person whose application was denied or license
revoked shall not be granted a license for a business, upon any new application that may be
made, for a period of ninety (90) calendar days from date of denial or revocation and further, no
license shall be issued until such person cures any defaults that resulted in the denial or
revocation.
5.02.190 Unlawful- Violations and Penalties.
(a) It shall be unlawful:
(1) For any person to engage in business without having obtained a business
license or for a person to engage in business after denial of a business license application or
renewal or after revocation of a business license.
(2) For the president, vice-president, secretary, treasurer, or other officer of any
company to engage in business without having obtained a business license or for a person to
engage in business after denial of a business license application or renewal or after revocation of
a business license.
(3) For any person to violate any provision of this chapter.
(b) Non-paymentpenalty. Failure to pay the license fee within ninety (90) days after the
date of expiration, pursuant to BMC 5.02.120, shall subject the licensee to a monetary penalty in
the amount of fifty dollars ($50) to reinstate the license, in addition to the required license fee.
(c) Civil penalties. In addition to any violation set forth in Chapter 3.86 relating to the
administration of this chapter, any violation of BMC 5.02.190(a) constitutes a civil violation
under chapter 1.04 BMC for which a monetary penalty may be assessed and enforcement may be
required as provided therein.
(d) Criminal penalties. In addition to the foregoing penalties or any violation set forth in
Chapter 3.86 relating to the administration of this chapter, any person who violates or fails to
comply with BMC 5.02.190(a) shall, upon conviction, be punished as described in the.general
criminal penalty provisions of BMC 1.12.020(2). Such person will be guilty of this violation for
each day, or portion thereof, during which the business is so engaged or carried on.
General Business Licenses
SECTION 3. Severabili~_. If any one or more sections, subsections, or
sentences of this Ordinance are 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 4. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
APPROVED by the City Council the~ day of ~ ,2002
PASSED by the City Council the~ff_.affr~d~ day of ~ ,2002
CAROL ARENDS, Council President
Approved this ~ day of
~t~,.,J-,,-4.,4d ,2002
CARY BOZEMAN, Mayor
t6v?m ffe/ c j% ¥,
APPROVED AS TO FORM:
A. X UBOVICR,
PUBLISHED the ~b(.a day of
EFFECTIVE the ~t~ day of
O~~CE NO.
2002
,200/
RALEGAL\Ordinances~dministration~B&O and Utility TaxkBMC 5.02 Business Licenses.doc
General Business Licenses
AFFIDAVIT OF PUBLICATION
County of Kitsap, State of Washington
No. 100037930
I, Valerie Zoller, being first duly sworn on oath, deposes and says: That she is now, and at all times
embraced in the publication herein mentioned was the principal clerk of the printers and publishers of
THE SUN; that said newspaper has been approved as a legal newspaper by order ofthe Superior Court of
the County of Kitsap, in which County it is published and is now and has been for more than six months
prior to the date of the publication hereinafter referred to, published in the English language continually
as a daily newspaper in Bremerton, Kitsap County, Washington, and is now and during all of said time,
was printed in an office maintained htthe aforesaid place of publication of said newspaper; that the
following is a true text of a legal advertisement as it was published in regular issues (and not in
supplement form) of said newspaper on the following dates, to wit: December 24 , 2002; and that such
newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the
fee charged for the foregoing publication is the sum of $41.68 amount has not been paid in full.
/)()f2.~ ~)-&~
v 0
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of December 30, 2002
~f>~~~~~
". '" . ct 1/11 i" ~
.. .. OW-,MIS,I'/QA " ,,'--1)
e G 'V.'I."''' .,. '\
.. \'\ i)l"" 'I~,.. ,,P-
o "'\'~___ t..t1 P ",,"
. -1" t'
9 "" ~ /'~.t!):
, ':y. ".. 0 (/BL ir" :
l"~"""'ltI.~ ~.....: ~
'(1\' ....]O-OfQ "Ii> /
'!.r"O^" ". e.'".. rJ~>;:-
\\(\ :'1-::~ $1-1''0;0\' /";:-
-'(;:.\.,\\::~~~p
Notary Public in and for the State of Washington, Kitsap County.
SUMMARY OF ORDINANCE NO. 4842'
AN ORDINANCE of the City Council of the City of Bremerton, Washington, repealing Chapter 5.02 of
the Bremerton Municipal Code relating to business licenses, business and occupation taxes and utility
taxes and creating a new Chapter 5.02 relating to the issuance, denial, and revocation of general business
licenses in the City of Bremerton.-
APPROVED by the City Council the 11th day of December,2002-
PASSED by the City Council the 18th day of December,200T
The full text of this ordinance is available from the City Clerk's Office, 239 Fourth Street, Bremerton,
W A 98337.-
December 24,2002.. #100037930