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HomeMy WebLinkAbout5421ORDINANCE NO. 5421 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending provisions of the Bremerton Municipal Code relating to general business licenses. WHEREAS, the City Council desires to amend Chapter 5.02 and sections of other chapters of the Bremerton Municipal Code to update provisions relating to general business licenses; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION I. Subsection 3.48.030(e) of the Bremerton Municipal Code entitled "Definitions `E"' is hereby amended to read as follows. (e) Definitions "E" "Eligible gross receipts tax" means a tax which: (1) Is imposed on the act or privilege of engaging in business activities within BMC 3.48.050; and (2) Is measured by the gross volume of business, in terms of gross receipts and is not an income tax or value added tax; and (3) Is not, pursuant to law or custom, separately stated from the sales price; and (4) Is not a sales or use tax, business license fee, franchise fee, royalty or severance tax measured by volume or weight, or concession charge, or payment for the use and enjoyment of property, property right or a privilege, and (5) Is a tax imposed by a local jurisdiction, whether within or without the State of Washington, and not by a country, state, province, or any other nonlocal jurisdiction above the county level. "Engaging in business," "nexus." (1) The term "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 thereof hold themselves out to the public as conducting such business. (2) This definition 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 register and obtain a business license or pay City business and occupation taxes. The activities listed in this definition are illustrative only and are not intended to narrow the definition of "engaging in business" in subsection (1) of this definition. 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. (3) Without being all-inclusive, any one (1) of the following activities conducted within the City by a person or its employee, agent, representative, independent Page 1 of 14 General Business License Revisions contractor, broker or another acting on its behalf constitutes engaging in business and requires a person to register and obtain a business license pursuant to Chapter 5.02 BMC: (a) Owning, renting, leasing, maintaining, or having the right to use, or using, tangible personal property, intangible personal property, or real property permanently or temporarily located in the City. (b) Owning, renting, leasing, using, or maintaining an office, place of business, or other establishment in the City. (c) Soliciting sales. (d) Making repairs or providing maintenance on 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, psychologists, court reporters, dentists, doctors, detectives, laboratory operators, teachers, and veterinarians. (1) Meeting with customers or potential customers, even when no sales or orders are solicited at the meetings. (m) Training or recruiting employees, 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) Except as provided in subsection (5) of this definition, delivering goods in vehicles owned, rented, leased, used, or maintained by the person or another acting on its behalf. (4) Not Engaging in Business. If a person, or its employee, agent, representative, independent contractor, broker or another acting on the person's behalf, engages Page 2 of 14 General Business License Revisions in no other activities in or with the City but the following, that person is not engaging in business and therefore is not required to register and obtain a City business license pursuant to Chapter 5.02 BMC or pay City business and occupation taxes pursuant to this chapter: (a) Meeting with suppliers of goods and services as a customer. (b) Meeting with government representatives in their official capacity, other than those performing 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. (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. (g) Soliciting sales by phone from a location outside the City. (h) Providing language interpretive services to the Bremerton Municipal Court. (5) A business located outside the City merely delivering goods into the City by common carrier or other means, including use of its own vehicles, is not required to register and obtain a business license$ provided, that it engages in no other business activities in the City. Such business activities do not include those in subsection (4) of this definition. (6) Threshold Exemption -Fee-Free License/Registration. To the extent set forth in this definition, the following persons and businesses shall be exempt from the registration, license and/or license fee requirements as follows: (a) Except as set forth in subsection (6)(b) of this definition, any person or business whose annual value of products, gross proceeds of sales, or gross income of the business in the City is equal to or less than two thousand dollars ($2,000) and who does not maintain a place of business within the City shall be exempt from the general business license requirements of Chapter 5.02 BMC and this chapter. (b) Any person or business operating as a utility provider subject to utility taxes pursuant to Chapter 3.50 BMC whose annual value of products, gross proceeds of sales, or gross income of the business in the City is equal to or less than two thousand dollars ($2,000) and who does not maintain a place of business within the City shall submit a business license registration to the Tax and Licensing Division. No license fee shall be assessed for the business license registration. (7) Nexus. A person has created nexus with the City if, whether by itself or by its employees, agents, representatives, independent contractors, brokers or others acting on its behalf, it: (a) Is physically present in the City; (b) Endeavors to maintain a share of the market within the City; or (c) Avails itself of the economic benefits of the City. Page 3 of 14 General Business License Revisions The City expressly intends that engaging in business includes any activity sufficient to establish nexus for purposes of applying the tax under the law and the Constitutions A 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. "Extracting" is the activity engaged in by an extractor and is reportable under the extracting classification. "Extractor" means every person who from the person's own land or from the land of another under a right or license granted by lease or contract, either directly or by contracting with others for the necessary labor or mechanical services, for sale or for commercial or industrial use, mines, quarries, takes or produces coal, oil, natural gas, ore, stone, sand, gravel, clay, mineral or other natural resource product; or fells, cuts or takes timber, Christmas trees, other than plantation Christmas trees, or other natural products; or takes fish, or takes, cultivates, or raises shellfish, or other sea or inland water foods or products. "Extractor" does not include persons performing under contract the necessary labor or mechanical services for others; persons cultivating or raising fish entirely within confined rearing areas on the person's own land or on land in which the person has a present right of possession; or persons who fell, cut, or take plantation Christmas trees from the person's own land or from land in which the person has a present right of possession; or persons meeting the definition of "farmer." "Extractor for hire" means a person who performs under contract necessary labor or mechanical services for an extractor. SECTION2. Subsection 3.48.090(1) of the Bremerton Municipal Code entitled "Nonprofit Corporations or Nonprofit Organizations" is amended to read as follows: (1) Nonprofit Corporations or Nonprofit Organizations. This �^��rcha ter shall not apply to nonprofit organizations exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, as currently enacted and as hereafter amended, except with respect to retail sales of such persons which are not exempt from this chapter. SECTION 3. Section 5.03.040 of the Bremerton Municipal Code entitled "License Required —Applications" is hereby amended to read as follows: 5.03.040 LICENSE REQUIRED -APPLICATIONS. The provisions of this chapter shall apply whenever a regulatory license is required by a chapter in this title. Such regulatory licenses are separate from and in addition to the general business license issued under Chapter 5.02 BMC, which may also be required when applicable. The regulatory licensee shall be the person or entity who owns the business. Where the license applicant is a corporation, the term "applicant" shall include principal officers and managers. Where the license applicant is a partnership, the term "applicant" shall include principal partners and managers. Applications shall be filed with the Tax and Licensing Division. Each applicant shall provide, at a minimum, the following information: (a) True name and any assumed names or aliases used. (b) Home address and telephone number. (c) Sex, weight, height, color of eyes and hair. (d) Date of birth. Page 4 of 14 General Business License Revisions (e) A copy of applicant's identification which must include some form of picture identification, i.e., a driver's license or Washington State identification card. (f) The business occupation and/or employment history of the applicant for the five (5) years immediately preceding the date of application. (g) Residence address(es) of the applicant for the five (5) years preceding the date of application. (h) The business name, business address, and telephone number of the proposed business. (1) A listing and explanation of all services to be provided. 0) A description of any other business activity to be conducted on the premises or adjoining premises owned and controlled by the applicant. (k) The principal enterprise of the business if different from the activity being licensed. (1) Whether the applicant has ever been convicted, forfeited bail, or pled guilty to any crime, excluding minor traffic offenses. If so, state the charge and the nature of the crime, the name and location of the convicting court and the disposition thereof. (m) Written declaration by the applicant under penalty of perjury, that the foregoing information contained in the application is true and correct, said declaration being duly stated and signed. (n) Such other relevant identification and information necessary as the Director may reasonably require to discover the truth of statements made in the application. (o) Authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the license. SECTION 4. Section 5.06.030 of the Bremerton Municipal Code entitled "Registration and Declaration Required" is hereby amended to read as follows: 5.06.030 REGISTRATION AND DECLARATION REQUIRED. (a) Registration and Declaration %J Compliance. Any landlord renting or making available for rent any "dwelling unit" as defined in BMC 5.06.020 that requires a general business license pursuant to Chapter 5.02 BMC shall annually with the genefa business l;eviiso (1) Register each dwelling unit; (2) Provide the City with the landlord's name and contact information; (3) Provide the City with the name and contact information of any person designated by the landlord as an alternate contact or as a representative of the landlord responsible for the management of the rental property (optional); (4) Provide an email or mailing address or other method of contact as approved by the Bremerton Police Department for participation in the Department's landlord notification program for notice of police activity on the rental property; and (5) File with and as part of the registration a declaration of compliance as defined in BMC 5.06.020 that each dwelling unit complies with RCW 59.18.060 of the Landlord -Tenant Act and does not present conditions that endanger or impair the health or safety of the tenants. Page 5 of 14 General Business License Revisions Lb) Any general business license applications required pursuant to Chapter 5.02 BMC for rental properties pursuant to this chapter shall be included and processed in conjunction with the rental property registration applications. (hc) Conditions of Issuance. Issuance of the general business license shall require: (1) Registration of dwelling units and providing the landlord's name and contact information as required in subsection (a) of this section; (2) Submission of a declaration of compliance as required in subsection (a) of this section or, as applicable, submission of certificate of inspection if required by BMC 5.06.040; (3) Payment of applicable fees; and (4) Compliance with this chapter. (cd) Revocation or Denial. Any general business license issued under Chapter 5.02 BMC may be revoked or denied for any violation of this chapter by the licensee or his or her agents or employees pursuant to BMC 5.0201800 SECTION 5. Section 5.16.020 of the Bremerton Municipal Code entitled "License — Required" is hereby amended to read as follows: 5.16.020 LICENSE -REQUIRED. It is unlawful to engage in business as a peddler or mobile food vendor in the City without first obtaining a regulatory license, as required by this chapter, in addition to a general business license issued under Chapter 5.02 BMC. It is unlawful to engage in business as a temporary merchant without first obtaining a regulatory license. A temporary merchant regulatory license shall be issued in lieu of a business license and licensee shall be exempt from payment of City business and occupation taxes. Applications for regulatory licenses shall be filed with the Tax and License Division of the Department of Community Development, SECTION 6. Section 5.17.020 of the Bremerton Municipal Code entitled "License Required" is hereby amended to read as follows: 5.17.020 LICENSE REQUIRED. It shall be unlawful for any charitable organization, its members or employees, to solicit, collect or receive contributions in the City of Bremerton without first obtaining a regulatory "charity solicitation license." This license is separate from the City general business license issued under Chapter 5002.13MC, which may also be required when applicable. It shall be unlawful for any professional fund raiser to solicit, collect or receive contributions in the City where it is represented that the proceeds of such solicitations or any part thereof are to be used for a charitable purpose without first obtaining a regulatory "professional fund raiser license" in addition to a City general business license issued under Chapter 5.O2.BMC. Applications for regulatory licenses shall be filed with the Tax and License Division of the Department of Community Development. Page 6 of 14 General Business License Revisions SECTION 7. Section 5.22.010 of the Bremerton Municipal Code entitled "License — Required" is hereby amended to read as follows. 5.22.010 LICENSE -REQUIRED. It is unlawful for any person, firm, or corporation to conduct any public dance to which the general public is admitted without first having obtained a regulatory license in addition to a general business license issued under Chapter 5.02 BMC. Applications for regulatory licenses shall be filed with the Tax and License Division of the Department of Community Development. SECTION 8. Section 5.36.010 of the Bremerton Municipal Code entitled "License -Required" is hereby amended to read as follows: 5.36.010 LICENSE -REQUIRED. No person, firm, company, or corporation shall run, manage, operate, or conduct any circus, parade, carnival games/rides, street fairs, sidewalk sales, or other promotional activity within the City without first obtaining a regulatory license in addition to a e�ral business license issued under Chapter 5.02 BMC. Applications for regulatory licenses shall be filed with the Tax and License Division of the Department of Community Development. SECTIONS. Section 5.96.050 of the Bremerton Municipal Code entitled "License — Required" is hereby amended to read as follows: 5.96.050 LICENSE -REQUIRED. It shall be unlawful to operate, maintain, or manage an erotic dance studio without first obtaining a regulatory license from the City in addition to a e neral business license issued under Chapter 5.02.13MC. Applications for regulatory licenses shall be filed with the Tax and License Division. SECTION 10. Section 20.46.030 of the Bremerton Municipal Code entitled "Home Occupations" is hereby by amended to read as follows: III .46.030 HOME OCCUPATIONS. Home occupations are permitted in a residential dwelling unit subject to the following limitations: (a) The business shall clearly be subordinate to the use of the dwelling unit for residential purposes. (b) The business shall be wholly situated indoors. (c) No person shall be employed in the home occupation unless a resident of the dwelling unit. (d) There shall be no exterior display, storage or other exterior indication of the existence of the home occupation, except as allowed by the underlying zone. (e) One (1) additional off-street parking space shall be provided in addition to the number of off-street parking spaces already required for the dwelling. The Director may waive this requirement if the home occupation involves Internet services that do not require customers or deliveries at the residence. Page 7 of 14 General Business License Revisions (f) Any sales of product shall be limited to those produced on the premises, except products produced elsewhere may be allowed, provided the business is primarily involved in the product's distribution and does not attract buyers to the property for retail or wholesale sales. (g) Sales and services to patrons shall be arranged through appointment so that only one (1) patron vehicle is on the premises at any given time. (h) Not more than fifty (50) percent of the gross floor area of the dwelling may be devoted to the home occupation use. (1) The garage shall not be used in the business unless the required off-street and customer parking can be adequately accommodated elsewhere on the site. (j) An independent taxi driver may operate as a home occupation; provided, that the business has only one (1) single driver and one (1) taxi vehicle. (lc) Automotive painting, body, and engine repair, small engine repair services and any activity likely to produce excessive noise are prohibited as home occupations. (1) The home occupation business must acquire and maintain a general business licenses issued under Chapter 5.02 BMC. (lm) Persons engaged in legal home occupations on the effective date of the ordinance codified in this chapter shall be considered legal, provided the operation is consistent with all of the above -listed performance standards. Any home occupation which was legally established but does not currently conform to all those standards may not expand or enlarge and shall terminate that use upon: (1) Change of use or ownership of the property; or (2) Written complaint of adjacent or nearby property owners after due notice ided and if the Director determines that the home occupation is interfering and hearing is prov with the use and enjoyment of the neighboring premises and is not compatible with the residential environment in which it is located. SECTION 11. Chapter 5.02 of the Bremerton Municipal Code entitled "General Business Licenses" is hereby amended to read as follows: Chapter 5.02 GENERAL BUSINESS LICENSES 5.02.010 TITLE. This chapter shall constitute the business license code of the �Clty and may be cited as such. 5.02."in 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, 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. Page 8 of 14 General Business License Revisions 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 Aef7BMC 3.48.030 BMC, as currently enacted and as hereafter amended, 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 or leasing of a single portion of a residence that is within the structure of the primary residence of the landlord, such as the renting of a single bedroom; this does not include a separate or secondary dwelling unit which includes all accessory dwelling units. "Business Licensing Service" and "BLS" mean the office within the Washin on State Department of Revenue providing general business licensing services to the City "Casual rental" means the renting of the primary residence of the landlord for a period of four (4) months or less in any given calendar year. "Engaging in business" shall also include the renting and/or leasing of 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 of 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 Community Development, 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 rules 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 obtain a general business license for the etiffe �alend r y eafof ,,., ,e"ife ,-.,,ftie,-, theffe� thi and pay the fees prescribed in s chapter. Applications for general business licenses shal be filet the Tax T ;cog Page 9 of 14 General Business License Revisions �.... ust be submitted to the Business Licensing Service. Any general business license �lication required for re to included and processed in conjunction with the rental property registration applications. 5.02.070 SEPARATE GENERAL BUSINESS LICENSE REQUIRED. A separate license shall be obtained for each physical branch, establishment or location at which the business felated „etiy y is carried on,_ Each license shall authorizes the licensee to carry on, pursue or conduct only that business, or business enterprise at that location. A separate license is required for each distinct business activity type regardless if conducted by the same person at the same location, provided, 4faI4�a separate license will 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. Nojhe general business license issued under the provisions of this chapter shall-beis not transferable or assignable_ fansfer-r-ed 1) when a business eha*ges its struetur-e w-hieh does not festilt in a substantial ehansv . A new license shall beis required when a business changes its structure, the place of a business location within the City is changed, there is a sttbs -,,ff,-;,,' 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 must be posted in a conspicuous place at c-the location for which it was issued. No person to whom a license has been issued pursuant to this chapter shy -may allow any person for whom a separate license is required, to operate under or to display such license, nor shall -may 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) An applicant who has had a similar license denied or revolted pursuant to BMC 5.02.180; (3) An applicant who shall not first comply with the general laws of the state; or Page 10 of 14 General Business License Revisions (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 ow-neir shall mak aThe business license issued under this chapter must be obtained prior to commencing business in the City. Application for a -a business license required under this chapter is made through the Business Licensing Service, and must include all information reauired for all licenses reauested. the total fees due for all licenses. and the do ME Oil m i. � D• i - .ii � (b) The C11y's fee for • business licensee shall be asset forth in Chapteras urrently enacted and as hereinafter amended. 51.021.130 APPROVAL AND ISSUANCEBUSINESS 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 sh4lwill be valid until the expiration date established by the Business Licensing Service as long as the licensee continues in business and pays the Iq license fee and occupation tax due pursuant to the provisions of this chapter and chapters 3.48 BMC and 3.86 BMC. , The license shall be in addition to any other 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 business license issued under the provisions of this chapter expires on the date established by the Business Licensing Service (BLS) and must be renewed on or before that date to continue to engage in business in the city after that date.T'�reet ^r shall mail the f^fffis f^enewal, e-r fef payment of the heense fee when and as due heir eund (a) Application for renewal of the business license is made through the BLS, and must include all information required for each license being renewed, the total fees due for all licenses, and the renewal application handlingfquired by RCW 19.02.075. (b) The license term and respective fee amount may be prorated as needed to synchronize the license expiration with that of the business license account maintained by the BLS. (c) Failure to complete the license renewal by the expiration date will incur the late renewal penalty ursuant to RCW 19.02.085 and as set forth in Chapter 3.01 BMC in addition to all other fees due. (d) Failure to complete the license renewal within 120 days after expiration will result in the cancellation of the license and will require appl�g for a new license as provided for in this Page 11 of 14 General Business License Revisions chapter in order to engage in business in the City. Business may not continue until the new license has been approved by the city. The City may reduire payment of all past due amounts and an applicable city penalties prior to approving the new license. 5.02.150 APPLICATION AS PUBLIC RECORD. General business license applications and related business licensing information are subject to applicable controls and restrictions found in RCW 19.02.115.macle Le the Difee .1 • 1 1 YY 1 1 1• • lt • • 1 Yt 1 Y• • • • • • • • • • • • • •b • • N It I 5.02.160 NONPAYMENT OF BUSINESS LICENSE FEE. All City license fees unpaid under this chapter when due and all interest and penalties imposed by the City 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 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 revolted 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. Page 12 of 14 General Business License Revisions (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 ehapte+-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. (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 ided in this chapter no portion of the license fee Director. Upon revocation of any license as prov 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-payment penalty. �€-In addition to any other applicable penalty provided For in this chapter, failure to pay the City license fee prior to engaging in business in the City, or otherwise within ninety (90) days after the date of e xpifat omuch payment is due, pursuant to BMC 5,02,120, mall -may subject the licensee to a monetary penalty imposed directly by the City in the amount of fifty dollars ($50) or as otherwise amended as set forth in Chapter 3.01 BMC4e s+et state the l eeiise, in addition to the required license fee. Page 13 of 14 General Business License Revisions (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. SECTION 12. Co��^ections. The City Clerk and codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener, clerical, typographical, and spelling errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTIONI3. SeveNability. 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. SECTIONI4. 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 this ATTEST: KEVIN GORMAN, Council President G LER, Mayor APPROVED AS TO FORM: ROCJER A. LUBOVICH, CityAttorney R:\Legal\Legal\Ordinances\Community Development\2021.04.02 General Business License Code Revisions - Final.docx Page 14 of 14 General Business License Revisions Angela Hoover City Of Bremerton 345 6 Th Street Suite 100 Bremerton WA 98337 STATE OF WISCONSIN, COUNTY OF BROWN. I, being first duly sworn on oath, deposes and says: That I am now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN; that said newspaper has been approved as a legal newspaper by the order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than 6 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, a weekly newspaper in Kitsap County, Washington and is now and during all of the said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date(s), to it: And on 05/22/2021 such newspaper was regularly distributed to its subscribers during all of said period. Subscribed and svyorn to before on 05/22/2021 I"egal Notary, S My commision eYp Publication Cost: Order No: Customer No: PO #: TH IS IS N-Ur oiulty of Brown P ffi�� $10.92 5884724 288797 Plen.ce do uol use Uric fornt�or• pcq•ment r•ernittance. SHELL( HO�A Notary Public State of Wisconsin # of Copies: 1 PO Box 52173, Phoenix, AZ. 55072-2173 CITY OF BREMERTON, WASH I NGTON ORDINANCE NO.5421 AN ORDINANCE of the City Cou nc i I o Bremerton, amending Bremerton relating to licenses f the City of Washington, Pr of the un Micipal Code genera I business PASSED by the City Counci I on the 19th day of May 2021 a The full text of this. ordi- nance is available from the City Clerk's Office, 345 Sixth Street, Suite 100, Bremerton, WA 98337. May 22, 2021 #5884724 �' Page 1 of 1