Chapter 5.04
BUSINESS AND OCCUPATION LICENSES
Sections:
5.04.010 Purpose.
5.04.020 Definitions.
5.04.030 License – Required.
5.04.040 License – Application and classification.
5.04.050 License – Application – Fees.
5.04.055 Penalty for late application.
5.04.060 License – Application – Approval or denial.
5.04.070 License – Nontransferable – Term.
5.04.080 Separate license for separate location or branch establishment.
5.04.090 Joint licenses.
5.04.100 License – Exceptions.
5.04.110 Special permit for nonprofit enterprises.
5.04.120 Violation – Penalty.
Prior legislation: Ord. 822.
5.04.010 Purpose.
The provisions of this chapter shall be deemed an exercise of the authority to license, regulate, make inspections and to impose excises for regulation or revenue in regard to all places and kinds of business, production, commerce, entertainment or exhibition, and upon all occupations, trades and professions and any other lawful activity, as provided in RCW 35A.82.020. (Ord. 516.01 § 516.01.010, 1977)
5.04.020 Definitions.
In construing the provisions of this chapter, except when otherwise declared or clearly apparent from the context, the definitions in this section shall be applied.
A. “Business” includes all activities engaged in with the object of gain, benefit or advantage to the licensee or another person or class directly or indirectly, and includes the activity of renting or leasing real property, including both commercial properties and dwelling units but excluding the following:
1. Municipal, state, or federal agencies or employees;
2. A person employed in the City by a person engaged in business in the City, if the employer is licensed pursuant to this chapter to conduct a business in the City; and
3. A person transacting and carrying on a business exempt from City licensure by virtue of the federal or state Constitution or state law.
B. “Engaging in business” means commencing, conducting or otherwise 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.
C. “License” or “licensee,” as used generally in this chapter, includes respectively the words “permit” or “permittee” or the holder for use or period of time of any similar privilege, wherever relevant to any provision of this chapter.
D. “License payer” includes any individual, group of individuals, corporation or association required to have a registration certificate and/or license for business under the provisions of this chapter, or liable for any license fee, or for collection of any license fee, or who is engaged in any business, or who performs any act, for which a license fee is imposed by this chapter.
E. “Nonprofit organization” means a benevolent, philanthropic, patriotic, eleemosynary, religious, educational, social, recreational, fraternal, or other association, corporation, fund, foundation, civic league, club, or organization having or purporting to have a nonprofit status under federal statute and/or the laws of the state of Washington. (Ord. 1164 § 1, 1997; Ord. 516.01 § 516.01.020, 1977)
5.04.030 License – Required.
It is unlawful for any person, firm, corporation or association to maintain, conduct or operate any device, vehicle or thing, or otherwise engage in any business, calling, profession, trade, occupation or activity without first having secured the license to do so. Every person subject to the provisions of this chapter shall on or before the twenty-fifth day of January of each calendar year, or before engaging in any business or performing any act for which a license is required, secure such license from the Treasurer. (Ord. 516.01 § 516.01.030, 1977)
5.04.040 License – Application and classification.
Application for a business license shall be made to the Treasurer on such forms as he may direct. The applicant shall apply for a license within one of the following classifications:
A. Home occupation business license for any business conducted in an office within a home or residence.
B. Industrial business license which shall be for any business of an industrial or manufacturing nature and having gross revenues in excess of $500,000 per calendar year.
C. Resident business license which shall be any business license issued to a business not specifically included in subsection (A), (B) or (D) of this section.
D. Nonresident business license for any business conducted in the City from an office outside of the City limits. (Ord. 1164 § 1, 1997; Ord. 721 § 1, 1983; Ord. 516.01 § 516.01.040, 1977)
5.04.050 License – Application – Fees.
Application for a license shall be accompanied by a license fee in accordance with the schedule of fees established by ordinance of the Ferndale City Council. The business license fee shall be for a calendar year and prorated monthly as needed. (Ord. 1164 § 1, 1997; Ord. 721 § 1, 1983; Ord. 516.01 § 516.01.040, 1977)
5.04.055 Penalty for late application.
Any applicant or licensee who shall fail to make application for an original business license or renewal of existing business license prior to January 31st of the applicable tax year shall be subject to a penalty which shall be based on such ordinance as shall be adopted by the Ferndale City Council. (Ord. 1164 § 1, 1997)
5.04.060 License – Application – Approval or denial.
Upon approval of the application, the license shall be issued by the Treasurer and delivered to the applicant. Upon denial of the application, the fee paid shall be returned to the applicant forthwith, together with both notice that the application has been denied and a copy of the appeal procedures set forth in this section; provided, that no refund shall be made where during the pendency of the application the applicant has engaged in the business activity for which the license was intended. The Treasurer, or any officer of the City designated by him, shall approve or deny applications for licenses required under the provisions of this chapter. Any applicant denied a license or any person objecting to the issuance of any such license may, within 10 days after the issuance or denial of such license, appeal to the City Council by filing a written notice of appeal, clearly stating the grounds that the appeal is based on, with the Treasurer; and the City Council shall set a date for the hearing of such appeal before a quorum of the City Council, and the Treasurer shall notify the applicant, by mail, of the time and place of hearing. After the hearing thereon, the City Council may direct the issuance of the license applied for or revoke the license issued, as the Council may deem advisable. (Ord. 1164 § 1, 1997; Ord. 516.01 § 516.01.050, 1977)
5.04.070 License – Nontransferable – Term.
The business license shall be personal and nontransferable and shall be valid until the end of the year for which issued or as long as the license payer shall continue in business and pay the license fee required to the City under the provisions of this chapter, whichever event shall terminate first. (Ord. 516.01 § 516.01.060, 1977)
5.04.080 Separate license for separate location or branch establishment.
A license shall be obtained in the manner prescribed in this chapter for each branch establishment or location of the business engaged in, as if each branch establishment or location were a separate business; provided, that warehouses and distributing plants used in connection with or incidental to a business licensed under the provisions of this chapter shall not be deemed to be separate places of business or branch establishments. (Ord. 516.01 § 516.01.032, 1977)
5.04.090 Joint licenses.
A person engaged in two or more businesses at the same location shall not be required to obtain separate licenses for conducting each of such businesses, provided all businesses are of the same classification as described in FMC 5.04.040. When eligible, a single license shall be issued which shall specify on its face all such businesses so licensed. (Ord. 1164 § 1, 1997; Ord. 516.01 § 516.01.034, 1977)
5.04.100 License – Exceptions.
The following shall be exempted from the requirement to apply for and obtain a business license:
A. For any mere delivery in the City of any property purchased or acquired in good faith at his regular place of business outside the City where no intent is shown to exist to evade the provisions of this chapter.
B. In the case of salesmen soliciting orders from manufacturers, wholesalers, jobbers, distributors or retailers, where no act of business is done in the City.
C. Casual or isolated sales made by persons who are not otherwise engaged in the business of selling the type of property involved. Casual sales shall include garage sales, lawn sales, attic sales, rummage sales, flea market sales, or any other similar casual sale of tangible personal property conducted on an infrequent basis, not to exceed three times per each calendar year and three days per event.
D. Minors engaged in babysitting or delivery of newspapers.
E. Any farmer or gardener who sells, delivers or peddles any fruit, vegetables, berries, butter, eggs, fish, milk, poultry, meats, or any farm produce or edibles raised, caught, produced, or manufactured by such person in any place in this state. (Ord. 1164 § 1, 1997; Ord. 516.01 §§ 516.01.070, 516.01.072, 1977)
5.04.110 Special permit for nonprofit enterprises.
The Treasurer shall be authorized to issue special permits, without payment of any license fees or other charges therefor, to any person or organization for the conduct or operation of a nonprofit enterprise, either regularly or temporarily, when he finds that the applicant operates without private profit as a nonprofit organization as defined in FMC 5.04.020(E). However, a profit organization operating under the sponsorship of a nonprofit organization shall pay all applicable license fees and charges. (Ord. 1164 § 1, 1997; Ord. 516.01 § 516.01.080, 1977)
5.04.120 Violation – Penalty.
A. Every person, firm, partnership, corporation, or other business entity subject to the provisions of this chapter shall be subject to a fine not to exceed $300.00 when convicted of a violation of any provision of this chapter.
B. For any violation of a continuing nature, each calendar month or portion thereof during which the violation continues shall be considered a separate offense and shall subject the offender to the penalties set forth in this section for each offense. (Ord. 516.01 § 516.01.090, 1977)