Chapter 5.01
GENERAL PROVISIONS

Sections:

5.01.010  Authority.

5.01.020  License required.

5.01.030  License application—Required form.

5.01.040  Fees required.

5.01.050  License application—Approval or disapproval procedure.

5.01.060  Location change.

5.01.070  Term of license.

5.01.080  Temporary licenses.

5.01.090  Standard business license.

5.01.100  Exemptions to license requirement.

5.01.110  Payment of fee—Time limit.

5.01.120  Transferability.

5.01.130  License—Revocation.

5.01.140  Violation is misdemeanor.

5.01.150  Civil remedy.

Prior legislation: Ords. 1554, 1762 and 1848.

5.01.010 Authority.

The provisions of this title shall be deemed an exercise of the authority and power of the city of Centralia to license, for the purposes of regulation and revenue, all and every kind of business authorized by law and transacted and carried on within the corporate limits of the city of Centralia or as defined in this title. (Ord. 2163 § 1 (part), 2005: Ord. 1852 § 1 (part), 1995).

5.01.020 License required.

A. Within the city, it is unlawful for any person, company, association, corporation or copartnership, excepting as an employee, to engage in any kind of business, trade or profession authorized by law, without first obtaining a license as provided for by this chapter.

B. The person to whom such license is issued shall, at all times, prominently display the license in a conspicuous place at the location of such business. (Ord. 2163 § 1 (part), 2005: Ord. 2013 § 1, 1998: Ord. 1852 § 1 (part), 1995).

5.01.030 License application—Required form.

A. Every person required to have a license under the provisions of this chapter shall submit an application for such license to the city clerk. The application shall be a written statement upon a form provided by the city clerk.

B. The city clerk shall issue a license or notify the applicant of the reason their application was denied within fifteen working days of the application. Whenever a license cannot be issued at the time the application for the same is made, the city clerk shall issue a receipt to the applicant for the money paid in advance subject to the following conditions: Such receipt shall not be construed as the approval of the city clerk for the issuance of a license, nor shall it entitle or authorize the applicant to open or maintain any business contrary to the provisions of this chapter. (Ord. 2163 § 1 (part), 2005: Ord. 1852 § 1 (part), 1995).

5.01.040 Fees required.

Notwithstanding any language herein to the contrary:

A. A business which manages or operates multiple booths, stalls or areas in which goods are displayed for sale by independent vendors or consignors, shall be required to obtain one standard business license for the business address; each independent consignor or vendor therein shall be required to obtain a separate business license for a fee of ten dollars annually.

B. A business, occupation, trade or profession conducted within the city at two or more separate places by one person or entity shall be required to license each separate location. The initial fee shall be fifty dollars for the first location with a fifty dollar renewal fee, and twenty-five dollars for each additional location. (Ord. 2163 § 1 (part), 2005: Ord. 2013 § 2, 1998: Ord. 1852 § 1 (part), 1995).

5.01.050 License application—Approval or disapproval procedure.

The city clerk shall collect all license fees and shall issue licenses in the name of the city to all persons qualified under the provisions of this chapter and shall:

A. Adopt all forms and prescribe the information required to implement this chapter;

B. Submit all applications for new licenses to the appropriate department heads for their endorsements as to compliance with all city regulations which they have the duty of enforcing;

C. Notify any applicant of the acceptance or rejection of his application and shall, upon denial of any license, state in writing the reasons therefor, the process for appeal and deliver them to the applicant;

D. Deny any application for license upon written findings that the granting would be detrimental to the public peace, health or welfare, or the proposed business and location would be in violation with building, zoning, fire or pretreatment codes.

1. Whenever any such license is denied the applicant may within fifteen days from date of action, file written notice of appeal to the city council. Action of the city council shall be conclusive and not subject to review.

2. 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 license was refused unless a license is issued pursuant to a judgment ordering the same. (Ord. 2163 § 1 (part), 2005: Ord. 1852 § 1 (part), 1995).

5.01.060 Location change.

If an existing licensee desires to change the location of the business, trade or profession from the location designated on the business license, application must be made to the city clerk prior to the change in location and the city clerk shall, prior to the issuance of a new business license, submit the application therefor to the fire chief, the building inspector or pretreatment coordinator of the city for approval of the new location where the licensee is to carry on the business, trade or profession, and the business license shall be issued only if the location is in compliance with building, zoning, fire and pretreatment codes of the city as those codes relate to existing and/or new structures. There shall be a ten dollar business license fee assessed to an existing business changing its location, and the new business license issued shall carry the same expiration date as the previous existing license. (Ord. 2163 § 1 (part), 2005: Ord. 2013 § 3, 1998: Ord. 1852 § 1 (part), 1995).

5.01.070 Term of license.

All licenses shall be for a period of one year, unless otherwise provided in this chapter; such license is to begin January 1st of each year and terminate the following December 31st, and it must be renewed annually in advance. Any license fee which is required in this chapter for any business that may begin operation on or after July 1st of any year shall be one half of the legal license fee and shall entitle the licensee to operate within the city until December 31st of the year, after which date the licensee shall pay the license fee for one year in advance. Any and all licenses issued for any new business which begins operation after January 1st of any year, up to and including June 30th of any year, shall be required to pay the full license fee. (Ord. 2163 § 1 (part), 2005: Ord. 1852 § 1 (part), 1995).

5.01.080 Temporary licenses.

A. Temporary Business. "Temporary business" means to engage in a business for a period of anywhere from one to ninety days, or operate a business out of a vehicle, truck, trailer, other mobile unit, or from a building, structure or leasehold improvement which is not taxed as a part of the real property on which the business is located, or offer for sale any goods, wares or merchandise or service of any kind such as but not limited to "door-to-door" sales. A temporary business shall pay a license fee of twenty-five dollars per ninety-day period.

1. Temporary businesses requiring a license pursuant to this section shall not be allowed to operate in a C-2 zone without the approval of the site plan review committee.

2. Temporary businesses, if applicable, shall obtain written approval from the property owner indicating that the temporary business has permission to be conducting business on the property.

3. A temporary business going beyond the ninety-day period shall be required to pay an additional twenty-five dollars prior to the expiration of said license for each ninety-day period.

B. Performances, Carnivals and Circuses. All street carnivals, shows or circuses, or shows or performances ordinarily classified as such, whether shown upon public streets or property or upon other property within the city, shall pay a license fee of twenty-five dollars per day. (Ord. 2163 § 1 (part), 2005: Ord. 2013 § 4, 1998: Ord. 1852 § 1 (part), 1995).

5.01.090 Standard business license.

A. Standard Business. "Standard business" means all activities, occupations, trades, pursuits, professions and matters located or engaged in within the city or anywhere else within the city’s jurisdiction with the object of gain, benefit, advantage or profit to the business enterprise or to another person, directly or indirectly, for a continuous period of ninety days or more.

B. The standard business license fee shall be fixed in the amount of fifty dollars for the initial business license application and each renewal thereafter shall be fifty dollars per year, payable in advance for each business license required hereunder. (Ord. 2163 § 1 (part), 2005: Ord. 2013 § 5, 1998: Ord. 1852 § 1 (part), 1995).

5.01.100 Exemptions to license requirement.

A. The following shall be exempt from paying the licensing fees set forth in this chapter:

1. All federal, state, county, city or other public governmental activities, whether same are conducted in a governmental or proprietary capacity;

2. All bona fide religious organizations;

3. All garage sales so long as no more than two sales are conducted each year for a total of not more than eight days in such year;

4. All business conducted by individuals under eighteen years of age;

5. Persons, sales or services arising out of the farmer’s market located within the city limits of Centralia or any other community event determined by the city manager to be exempt from the requirements of this chapter.

B. The city manager or their designee shall have the authority to grant exceptions on a case-by-case basis to the requirements for obtaining a city of Centralia business license. (Ord. 2163 § 1 (part), 2005: Ord. 2013 § 6, 1998: Ord. 1852 § 1 (part), 1995).

5.01.110 Payment of fee—Time limit.

A. All persons, copartnerships, companies, associations or corporations who are subject to the license requirements of this title shall procure their license to operate for subsequent years on or before the first day of January of each year. In the event the license is not procured on or before January 1st of a given year, the licensee shall pay a penalty of ten dollars per month or parts thereof, up to a maximum penalty equal to one hundred percent of the required license fee.

B. All persons, copartnerships, companies, associations or corporations who commence a new business or practice of their trades or professions in the city, shall, prior to the commencement date, procure their license to operate for the current year and if the license to operate is not procured, then the penalty provided for in subsection (A) of this section shall apply. (Ord. 2163 § 1 (part), 2005: Ord. 1852 § 1 (part), 1995).

5.01.120 Transferability.

All licenses provided for in this chapter shall be transferable to a successor in interest at the same location with the written approval of the city clerk and upon payment of a transfer fee of twenty-five dollars. (Ord. 2163 § 1 (part), 2005: Ord. 1852 § 1 (part), 1995).

5.01.130 License—Revocation.

A. Any license issued under the provisions of this chapter may be revoked by the city clerk and/or police chief and/or building official and/or fire chief and/or pretreatment coordinator for any reason if the further operation thereof would be detrimental to public peace, health or welfare, or violate any federal or state law or any ordinance or regulation of the city. The city clerk shall cause to be served upon such parties as may be deemed to be interested therein such reasonable notice as may be determined to be proper of intention to revoke such license.

B. Where deemed necessary to prevent further detriment to public peace, health or welfare, or violation of any federal or state law or any city ordinance or regulation, the police chief, fire chief, building official or pretreatment coordinator may immediately revoke any license issued under the provisions of this chapter.

C. Whenever any such license is revoked, the licensee may, within fifteen days from the date of action, file written notice of appeal to the city council. Action of the city council shall be conclusive and not subject to review. (Ord. 2163 § 1 (part), 2005: Ord. 1852 § 1 (part), 1995).

5.01.140 Violation is misdemeanor.

Any person, firm or corporation failing, neglecting or refusing to comply timely with this title is guilty of a misdemeanor. Each day of continued violation constitutes a separate violation of this chapter. (Ord. 2163 § 1 (part), 2005: Ord. 1852 § 1 (part), 1995).

5.01.150 Civil remedy.

In addition to the above and foregoing and not in any way a limitation thereof, the city may institute civil court action to compel compliance with the terms of this title. (Ord. 2163 § 1 (part), 2005: Ord. 1852 § 1 (part), 1995).