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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, -2- 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: -3- 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 -4- 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. -5- 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. -6- 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; -7- 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. -8- 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 -9- 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 -lO-