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
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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
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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.
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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.
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(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.
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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.
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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.
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(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.
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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
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�.... 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
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(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
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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
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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.
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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
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