Ord 91-086
ORDINANCE NO. 9l-86
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON,
ADOPTING GENERAL BUSINESS REGISTRATION PROVISIONS;
REQUIRING BUSINESS REGISTRATION AND PROVIDING FOR
EXEMPTIONS; PROCEDURES FOR APPLICATION PROCESSING
SUSPENSION, REVOCATION AND DENIAL; APPEAL OF DECISIONS;
AND PENALTY FOR VIOLATIONS.
WHEREAS, the city of Federal Way is a noncharter code city
under the laws of the State of Washington and as such has the power
to enact ordinances and regulate businesses for revenue and other
purposes and for the protection of the public health, safety and
general welfare; and
WHEREAS,
business registration programs
are a
common and
standard practice in cities; and
WHEREAS,
business
registration programs
provide
a
cross-
reference check on sales tax payments and allows for validation of
the state's sales tax report received by the city; and
WHEREAS,
business
registration
programs
provide
valuable
marketing
information
on
the
scope
of
business
activity
and
economic resources of the city; and
WHEREAS,
business
registration
programs
provide
analysis
information
for
economic
forecasting
to
further
economic
development activities; and
WHEREAS, business registration programs provide public safety
personnel with information on locations and types of potentially
hazardous materials used or stored within the city; and
WHEREAS, business registration programs provide a benefit to
citizens from faster response time by public safety personnel
because of current business owner and address information; and
c
py
WHEREAS, the business registration fee schedule is intended
solely to cover administration costs, and is not intended to be
revenue-generating; and
WHEREAS,
business
registration programs
provide
an
audit
method for verifying Zoning Code compliance and enforcement;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
The City of Federal Way, Washington,.
adopts the following Business Registration Requirements:
Section 1.
1.
Reqistration Required. No person shall transact, engage
in, or carrying on any business, trade, profession,
occupation, calling, or activity without first having
been issued a proper and current registration or having
filed and qualified for an exemption as provided herein.
2.
Definitions. In construing the provisions of this Title,
except when otherwise declared apparent or clearly from
the context a different meaning is intended, the
following definition shall be applied:
(a) "Business" is meant to include vocations,
occupations, professions, enterprises and
establishments and all other activities and matters
conducted for private profit or benefit, either
directly or indirectly, anywhere within the City of
Federal Way, which employs ten (lO) or more
persons.
(b) "Small Business" is meant to include
vocations, occupations, professions, enterprises
and establishments and all other activities and
matters conducted for private profit or benefit,
either directly or indirectly, anywhere within the
City of Federal Way, which employs nine (9) or less
persons.
(c) "Person" means any individual, firm,
partnership, company, corporation, association,
receiver, consignee, trustee in bankruptcy, trust,
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4.
estate, joint venture, club, joint stock company,
business trust, society, or any group of
individuals acting as a unit.
(d) "Premises" is meant to include all lands,
structures, and places, and also any personal
property which either is affixed to, or is used in
connection with any such business conducted on such
premises.
3.
Procedure for Application of Reqistration.
(a) Every person required to procure a
registration under the provision of any ordinance
or title of this city shall submit an application
for such registration to the City Clerk. The
application for the registration shall be made to
the city Clerk, on forms provided by said officer,
which application shall include at a minimum the
following information: the name of the applicant,
the residence, place of business, the nature of
business, the number of employees employed by the
business, emergency notification information and
hazardous waste and substance informat.ion. The
city Clerk shall require any additional information
found to be reasonably necessary for the fair
administration of this title.
(b) The application for a registration shall be
accompanied by the full amount of the fee
chargeable for such license.
(c) The city Clerk shall issue a receipt to the
applicant for the money paid in advance. Such
receipt shall not be construed as the approval of
city Clerk for the issuance of the registration;
nor shall it entitle or authorize the applicant to
open or maintain any business contrary to the
provisions of this title, or the Federal Way City
Code.
(d) A duplicate registration may be issued by the
City Clerk to replace any registration previously
issued which was lost, stolen, defaced or
destroyed, upon the filing of the registrant of an
affidavit attesting to such fact and the paying to
the city Clerk the fee in the amount of $15.00.
Procedure for Processinq. The city Clerk shall issue
registrations in the name of the City to all persons
qualified under the provisions of this title and shall:
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5.
(a) Adopt all forms and prescribe the information
required to implement this title.
(b) Submit all applications to the planning
department, building division, fire department
and/or police department for their endorsements as
to compliance by applicant with all city
regulations which they have the duty of enforcing.
(c) Notify any applicant of the acceptance or
rejection of this application and shall, upon
denial of any registration, state in writing the
reason therefor, the process for appeal thereof and
deliver them to the applicant.
(d) Deny any application for registration upon
written findings that the granting would be
detrimental to public peace, health or welfare, or
that such application for registration is not in
compliance with any applicable city regulations;
(e) When any such registration is denied, the
applicant may appeal such decision pursuant to the
process described in section 19 herein;
(f) When the issuance is denied, and any action
instituted by the applicant to compel its issuance,
such applicant shall not engage in the business for
which the registration was refused unless or until
the registration is issued pursuant to an
administrative or judicial judgment ordering the
same.
Pavrnent of Fees. Delincruent Pavrnent.
(a) Each initial registration required pursuant to
this title shall expire at the end of the year in
which it was issued and a renewal registration
shall be required for each subsequent year.
(b) The business registration fees shall be as
provided in fee schedule kept on file with the City
Clerk. The fee schedule shall include a rate for
the initial year's registration and an annual
renewal rate for subsequent yearly registrations.
(c) Each annual registration fee herein provided
for shall become due and payable on the first day
of January of every year and shall be deemed
delinquent on the first day of February. As to any
business commenced during any year, the fee shall
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be due and payable on the first day that business
is transacted or carried on. For the year 1991
only, the annual registration fee shall become due
and payable forty-five (45) days from the effective
date of this Ordinance. The fee shall be deemed
delinquent seventy-five (75) days from the
effective date of this Ordinance.
(d) All new businesses initially registered in the
last quarter of any year are exempt from payment of
the next year's business registration renewal fee.
(e) Any new businesses having to pay a special
license fee shall be exempt from the payment of the
initial year's business registration fee.
(f) Failure to pay any registration fee due within
thirty (30) days after the day on which it is due
and payable shall result in a penalty of five (5%)
percent on the amount of the registration fee, and
an additional penalty of five (5%) percent for each
succeeding month of delinquency or part thereof,
but shall not exceed a total penalty of twenty
(20%) percent of the amount of such registration
fee in any event.
6.
Exemptions. The following shall be required to obtain a
registration, but shall not be required to pay any fee:
(a) Business activities carried on by non-profit
organizations, including but not limited to
religious, civic, charitable, benevolent, non
profit, cultural or youth organizations.
(b) Fraternal benefit societies, as defined in RCW
48.36.0l0, fraternal fire insurance associations,
beneficiary corporations or societies organized
under and existing by virtue of 24. l6. 010 and
24.16.140, inclusive,' if such corporations and
societies provide in their bylaws fo1;' payment of
death benefits as set forth in RCW 24.16.020 and
24.l6.l00.
(c) Any business or activity which is exempt from
payment of such fees as prescribed by this title by
virtue of applicable provisions of the federal or
state constitution, or applicable federal or state
statutes shall be exempt from the registration
requirement of this article.
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lO.
(d) Any religious society, association or
corporation which operates any charitable hospital,
clinic or institution devoted exclusively to the
care or healing of human beings.
(e) Any farmer, gardener or other person who
sells, delivers or peddles any fruit, vegetables,
berries, butter, eggs, fish, milk, poultry or meats
or any farm produce or edibles raised, caught,
produced or manufactured by such person in any
place in this state.
7.
Filinq of Exemption Required. Any person claiming
exemption from these registration requirements shall file
with the City Clerk the usual registration application
and an affidavit setting forth the facts sufficient to
show the, application of this section and their right to
such exemption.
8.
Home Occupations. The business registration fee for
businesses operating in residential zones in compliance
with Chapter ll5.65 of the Federal Way Zoning Code shall
be the usual business registration fee.
9.
Separate Locations. A separat1;! registration shall be
required for each branch, establishment or location of
the business engaged in, as if each such branch,
establishment or location were a separate business,
provided, however, warehouses and distributing plants and
storage yards used in connection with and incidental to
a business registered under the provision of this title
shall not be deemed to be separate places or business or
branch establishments. Location of such warehouses and
distributing plants and storage yards shall be shown on
the application for the business registration, and must
comply with the provisions of all city codes. Each
registration shall authorize the registrant to transact
and carryon only the business registered thereby at the
location or in the manner designated in such
registrations.
Joint Reqistrations. A person engaged in two or more
businesses at the same location shall not be required to
obtain separate registrations for conducting each of such
businesses; provided, when eligible, the person shall be
issued one registration which will specify on its face
all such businesses. Applications for such joint
registration shall list the names and pertinent
information for all such businesses. The total number of
all employees employed in all businesses included within
the joint business license shall be considered for
purposes of classifying the size of the business for
licensing purposes.
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11.
l2.
13 .
l4.
IS.
l6.
l7.
Aqents Responsible for Obtaininq Reqistration. The
agents or other representatives of non-residents who are
doing business in the city shall be personally
responsible for the compliance of their principals, and
the businesses they represent, in regards to the
requirements of this title.
Postinq Required. Every registration granted under this
title shall be posted in a conspicuous place in the place
of business of the registrant.
Chanqe of Address. Every person who, under the provision
of this title, is subject to a registration fee and who
has a fixed place of business shall notify the City Clerk
in writing of any change in location of such fixed place
of business or mailing address within thirty (30) days
thereafter.
Non-Transferable. Registrations issued pursuant to this
title shall not be transferable by the registrant to any
other person, nor shall any fee paid by any person under
the provisions of this title be applied in whole or in
part to the payment of fee due, or to become due, from
any other person.
Reqistration Fee in Addition to others. The registration
fee herein levied shall be in addition to any other fees
provided for in any other ordinance or title of this
code, except as herein otherwise provided.
Mailinq of Notices. Any notices required by this chapter
to be mailed to any registrant or applicant shall be sent
by ordinary mail, addressed to the address of the
registrant or applicant as shown by the records of the
city Clerk, or if no such address is shown, to such
address the city Clerk is able to ascertain by reasonable
effort. Failure of the registrant or applicant to
receive such mail notice shall not release the registrant
or applicant from any fees or penalties thereon, nor
shall such failure operate to extend any time limit set
by the provisions of this title.
Revocation/Suspension/Denial. A registration issued
under this title may be revoked, suspended or denied for
any of the following reasons:
(a) A material false statement contained in the
application;
(b) Failure to comply with federal, state or local
laws or regulations;
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l8.
19.
20.
21.
(c) Failure to comply with any condition imposed
by the city on the issuance of the registration;
(d) Failure to operate the business or activity in
accordance to such orders, rules, regulations as
may be applicable;
(e) Conduct of the business or activity in a
manner which endangers the public health, welfare,
safety as determined by the city clerk and/or
police chief and/or building official and/or fire
chief who may be responsible for enforcement of the
applicable law, regulation, condition, order, rules
or ordinance.
Notice of Hearinq. Prior to suspension or revocation of
a registration, the registrant shall be notified in
writing of the grounds for suspension or revocation of
the registration. Suspension or revocation of the
registration shall occur ten (10) days after the date of
the notice of suspension or revocation unless such action
is appealed by registrant in the manner described herein.
Appeal Period. Registrant must appeal the decision for
revocation, suspension or denial within ten (IO) days of
receipt of the notice of such revocation, suspension or
denial by filing a notice of appeal with the City Clerk.
Upon receipt by the city Clerk of the appeal by
registrant, a hearing shall be held thereon before a
Hearing Examiner designated by the city. Notice of the
hearing shall be given to the appellant at least ten (IO)
days prior to the hearing. At such hearing the appellant
shall be entitled to be heard and introduce evidence on
his or her own behalf.
Decision of the Hearinq Examiner. The decision of the
Hearing Examiner shall be rendered within five (5) days
of the close of the hearing. The decision shall be in
writing and shall set forth the findings and reasons for
the decision, and the registrant shall be notified in
writing. The decision of the Hearing Examiner is final
unless appealed within fourteen (14) days to the City
Council by filing such notice of appeal with the City
Clerk within the required time period.
Appeal to Citv Council. The city Council shall hear the
appeal of the Hearing Examiner decision within thirty
(30) days of the filing of notice of the appeal. The
city Council may adopt, modify or reverse the decision of
the hearing examiner. The decision of the City Council
shall be final unless appealed by writ of certiori to the
superior court within ten (lO) days of the council
decision.
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22.
Emerqencv Suspension. In the event of conduct or
activities which create an eminent risk of harm to public
health, safety or welfare the registration of such
business maybe summarily suspended upon notice to the
registrant, provided that the registrant shall be
entitled to a hearing before a Hearing Examiner
designated by the City upon a written appeal being filed
with the City Clerk by the registrant within ten (10)
days of the registration suspension. In the event of an
appeal by registrant, a hearing shall be provided within
ten (10) days of notice of appeal. The provisions of
sections 20 and 21 shall apply to any appeal of the
Hearing Examiner decision regarding emergency
suspensions.
23.
Penalties/violations.
(a) criminal Penalties. Any person violating or
failing to comply with any of the provisions of
this title may be punished by a fine of not more
than $5,000.00 or imprisoned for not more than six
(6) months, or both, for each day or part of a day
during which the unlawful act or violation occurs.
The person may also be ordered to discontinue the
unlawful act or correct the violation.
(b) civil Penalties. Any person who fails to
comply with the provision of this title is, in
addition to any criminal penalties, subject to a
maximum civil penalty of $5,000.00 for each day or
portion of the day that the violation continues.
(c) other Leqal Remedies. Nothing in this title
limits the right of the city to pursue other
lawful, criminal, civil 'or equitable remedies to
abate, discontinue, correct or discourage unlawful
acts under or in violation of this title.
section 2.
Ratification.
Any act consistent with the
authority and prior to the effective date of this ordinance is
hereby ratified and affirmed.
section 3.
Severabilitv.
The provisions of this ordinance
are declared separate and severable.
The invalidity of any clause,
sentence, paragraph, subdivision, section, or portion of this
ordinance or the invalidity of the application thereof to any
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person or circumstance shall not affect the validity of its
application to other persons or circumstances.
section 4.
Effective Date.
This ordinance shall be effective
five (5) days after passage and publication of an approved summary
of this ordinance.
PASSED by the City Council of the City of Federal Way, this
5th day of February, 1991.
~ L,/. ~
MAYOR, DEBRA ERTEL
AT,T~T: í'
h1~A~~~
,JCITY CLERK, MAUR~EN M.
FO
\,
SWANEY, CMC
CITY
FILED WITH THE CITY CLERK: February I, 1991
PASSED BY THE CITY COUNCIL: February 5, 1991
PUBLISHED: February 8, 1991
EFFECTIVE DATE: February 13, 1991
ORDINANCE NO. 9l-86
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