Chapter 5.16
REGULATION OF WHOLESALE AND RETAIL BUSINESSES
Sections:
5.16.030 License required for building permit.
5.16.060 Application requirements.
5.16.080 License revocation – Appeals.
5.16.090 License posting – Not transferable.
5.16.010 Purpose.
The licensing for the purpose of regulation and revenue of all wholesale and retail businesses or services within the city, as defined in AMC 5.18.020, is declared to be justified and necessary for the purpose of protecting the city and residents thereof and the general public doing business within the city against unfair business practices, unlawful businesses, and unlawful sale of certain merchandise, all as authorized by RCW 35.34.290. (Ord. 22-877, 2022; Ord. 97-529 § 1, 1997)
5.16.020 License required.
Every person, firm, or corporation carrying on or conducting any business within the corporate limits of the city, whether as a for-profit or a nonprofit organization, and whether conducted from a commercial or residential location, for the purpose of selling at wholesale or retail any tangible or intangible property or performing any service for cash or credit, for immediate delivery or upon order, must first apply for and obtain a business license from the city, unless specifically exempted in this chapter or Chapter 5.18 AMC from such license requirement. (Ord. 22-877, 2022; Ord. 97-529 § 2, 1997)
5.16.030 License required for building permit.
No building permit shall be issued by the city to any person, firm or corporation engaged in any of the building trades until the requirement of this chapter has been complied with. (Ord. 22-877, 2022; Ord. 97-529 § 3, 1997)
5.16.040 License fee.
It is unlawful for any person, firm or corporation to engage in any business herein described within the city limits without having first applied for and obtained a license therefor and paid the required fees. The annual city fee for such business license is $50.00, payable in advance, and may not be refunded. (Ord. 22-877, 2022; Res. 19-653, 2019; Res. 19-651, 2019; Ord. 09-746 § 1, 2009; Ord. 07-719 § 1, 2007; Ord. 98-543 § 1, 1998; Ord. 97-529 § 4, 1997)
5.16.050 Fee – Renewals.
Repealed by Ord. 22-877. (Res. 19-653, 2019; Res. 19-651, 2019; Ord. 09-746 § 2, 2009; Ord. 07-719 § 2, 2007; Ord. 98-543 § 2, 1998; Ord. 97-529 § 5, 1997)
5.16.060 Application requirements.
A. Application for a business license is made to the Business Licensing Service (BLS), and must include all information required for all licenses requested, the total fees due for all licenses, and the application handling fee required by RCW 19.02.075.
B. The BLS will make the information from an application available to the city for review to determine whether to approve issuance of the license. The city clerk may request such additional information from the applicant as may be needed to properly evaluate the application.
C. Pending compliance with the requirements of AMC 5.16.070, upon determination to approve issuance of the license, the city clerk will authorize the BLS to issue the license to the applicant. (Ord. 22-877, 2022; Ord. 97-529 § 6, 1997)
5.16.070 Application posting – Objections – Hearing.
Repealed by Ord. 23-885. (Ord. 22-877, 2022; Ord. 97-529 § 7, 1997)
5.16.075 License renewal.
Licenses issued under this chapter expire 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.
A. Application for renewal of the city business license is made through the BLS, and must include all information required for renewal of all licenses involved, the total fee due for all licenses, and the renewal application handling fee required by RCW 19.02.075.
B. The term of license and respective city license fee amount may be prorated as needed to synchronize the license expiration date with the expiration 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 required by RCW 19.02.085 in addition to all other fees due.
D. Failure to complete the license renewal within 120 days after the expiration date will result in the cancellation of the license and will require submitting an application to obtain a license as otherwise provided in this chapter to engage in business in the city. The city is authorized to require payment of all past due amounts prior to approving issuance of the new license. (Ord. 22-877, 2022)
5.16.080 License revocation – Appeals.
No license previously issued shall be revoked except upon complaint in writing and after full and complete hearing before the city council for the city. Revocation shall be for cause only upon showing that the licensee has falsified his application, has been convicted of a felony since the issuance of such license, or is in violation of any law of the state of Washington or the city concerning public obligations or moral turpitude. Upon the revocation of any license the licensee shall have 30 days in which to appeal such revocation to the superior court of Asotin County, state of Washington. (Ord. 22-877, 2022; Ord. 97-529 § 8, 1997)
5.16.090 License posting – Not transferable.
A. All licenses granted hereunder shall at all times be conspicuously posted on the licensed premises and every licensee shall, upon demand, exhibit the same to any city officer or member of the police force.
B. The business license issued under this chapter is personal and may not be transferred or assigned; no one may engage in business under another’s business license, and no one may allow another person to engage in business under their license.
1. If a person engages in business in more than one location within the city each such location must be licensed separately.
2. If two or more persons each operate their own business at the same location within the city, each person must obtain their own license for their respective business.
3. In the event of the sale of a business licensed within the city, the new owner must obtain their own license. Business may not commence within the city under the acquired business until the license has been approved by the city. (Ord. 22-877, 2022; Ord. 97-529 § 9, 1997)
5.16.100 Violation – Penalty.
Violation of any section of the ordinance codified in this chapter shall be deemed a misdemeanor and carry the general penalty for misdemeanors as provided by the Asotin Municipal Code. Further, penalty for conviction of violation of this chapter shall be the suspension of any existing business license. (Ord. 22-877, 2022; Ord. 97-529 § 10, 1997)