Chapter 5.04
BUSINESS LICENSES

Sections:

5.04.010  Definitions.

5.04.020  Business license required.

5.04.030  Application procedure.

5.04.040  Term of license.

5.04.050  Procedure for renewing license.

5.04.060  Fees – Time for payment – Penalty.

5.04.070  Ineligible activities.

5.04.080  Revocation or suspension of license – Grounds.

5.04.090  Hearing required.

5.04.100  Sale or transfer of business – New license required.

5.04.110  Penalty for violation.

Legislative history: Ords. 25 and 93-300.

5.04.010 Definitions.

Except as otherwise expressly declared or clearly apparent from the context in which used, the following definitions shall be applied in construing the provisions of this chapter:

A. "Person" means one or more natural persons of either sex, corporations, partnerships, associations or other entities capable of having an action at law brought against such entity, but shall not include employees of persons licensed pursuant to this chapter.

B. "Business" includes all services and activities engaged in with the object of pecuniary gain, benefit or advantage to the person, or to another person or class, directly or indirectly, whether part-time or full-time, except those business activities for which licenses or franchises are required by other ordinances of the city, and except nonbusiness activities carried on by a religious, charitable, benevolent, fraternal or social organization. For the purposes of this chapter, the owner of any apartment building containing three or more rental units shall be considered to be engaged in a "business."

5.04.020 Business license required.

It is unlawful for any person to conduct, operate, engage in or practice any business in the city of Mill Creek that is conducted, operated, engaged in or practiced in whole or in part from real property located within the city, without having first obtained a business license from the city. If more than one business is conducted on a single premises, a separate license shall be required for each separate business conducted, operated, engaged in or practiced.

5.04.030 Application procedure.

A. No business license shall be issued or renewed except upon written application made to the city clerk. Such application shall be signed by the person who intends to conduct, operate or engage in the business for which the license is to be issued, and shall state the nature and address or addresses of the business or businesses, or proposed business or businesses, of the applicant, and such other information as may be required by the city clerk. A nonrefundable application fee in an amount equal to the first annual license fee for the business for which the license is sought shall accompany the application. In the event that the license shall be granted, the application fee shall be credited to payment of the said first annual license fee.

B. If the applicant is a partnership, the application must be made and signed by one of the partners; if a corporation, by one of the officers thereof; if a foreign corporation, partnership or nonresident individual, by the resident agent or local manager of the corporation, partnership or individual.

C. The city clerk shall forward copies of all applications for business licenses to the city manager. The city manager shall cause an investigation of the application to be made by the proper city officials and shall approve or deny the license in writing within 30 days of the date of the application unless, in the determination of the city manager, additional time is required for completion of the investigation process. If an application is denied by the city manager, the reason for denial shall be stated.

D. Neither the filing of an application for license, or the renewal thereof, nor the payment of any application or renewal fee, shall authorize a person to engage in or conduct a business until such license has been granted or renewed.

5.04.040 Term of license.

All business licenses issued pursuant to the provisions of this chapter shall be valid until December 31st of the year for which they are issued, and all renewals thereafter shall be for a period of one calendar year commencing January 1st of the year for which the license is issued and terminating and expiring December 31st of the same year.

5.04.050 Procedure for renewing license.

All licenses to be issued pursuant to the provisions of this chapter shall be renewed by following the same procedure as required for original application.

5.04.060 Fees – Time for payment – Penalty.

A. The fee for each license and renewal of same required by this chapter shall be provided in Chapter 3.42 MCMC.

B. All businesses required to obtain licenses under this chapter shall obtain the same and pay all fees required on or before February 15th of each respective year. Any business which fails to obtain and pay the license fees within said period of time shall, in addition to any other penalties provided in this chapter, be assessed an amount equal to 50 percent of the license fee for said business as a penalty for such late application and/or payment.

C. Any business required to obtain a license under this chapter which does not commence business on or before July 31st of a given calendar year shall pay only one-half of the annual license fee for that year and upon such payment shall be issued a license for the remaining portion of said calendar year.

5.04.070 Ineligible activities.

Notwithstanding any other provisions of this chapter, a license hereunder may not be issued to or held by any person who uses or occupies or proposes to use or occupy any real property or otherwise conducts or proposes to conduct any business in violation of the provisions of this code or the statutes of the state of Washington or any other applicable law or regulation. The granting of a business license shall not authorize any person to engage in any activity prohibited by federal, state or local law or regulation.

5.04.080 Revocation or suspension of license – Grounds.

The city council may, at any time, suspend or revoke any license issued under the provisions of this chapter whenever the licensee, or any officer or partner thereof:

A. Has violated any federal, state or city statute, law, regulation or ordinance upon the business premises stated in the license or in connection with the business stated in the license, whether or not the licensee, or officer or partner thereof, has been convicted in any court of competent jurisdiction of such violation;

B. Is or has conducted, engaged in or operated the business stated in the license upon premises which does not conform to this code;

C. Has maintained or permitted the business stated in the license to be conducted, engaged in or operated in such a manner as to constitute a public nuisance.

5.04.090 Hearing required.

Whenever the city manager determines that there is cause for suspending or revoking any license issued pursuant to this chapter, he shall notify the person holding said license by registered or certified mail, return receipt requested, of his determination. Notice mailed to the address on the license shall be deemed received three days after mailing. The notice shall specify the grounds for suspension or revocation. The notice shall also specify that a hearing shall be conducted by the city council at a time and date denominated in the notice to determine whether or not the license should be suspended or revoked. The notice shall be mailed to the licensee at least 10 days prior to the date set for the hearing. The licensee may appear at the hearing and be heard in opposition to such revocation or suspension.

5.04.100 Sale or transfer of business – New license required.

Upon the sale or transfer of any business licensed pursuant to this chapter, the license issued to the prior owner or transferrer shall automatically expire on the date of such sale or transfer and the new owner intending to continue such business in the city of Mill Creek shall apply for and obtain a new business license pursuant to the procedures established by this chapter prior to engaging in, conducting or operating the business.

5.04.110 Penalty for violation.

Any person, as defined herein, and the officers, directors, managing agents, or partners of any corporation, firm, partnership or other organization or business violating or failing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment in jail for a term not exceeding 90 days or by a fine in an amount not less than $250.00 and not more than $500.00, or by both such fine and imprisonment. The minimum mandatory fine of $250.00 shall not be suspended or deferred. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a public nuisance and all remedies given by law for the prevention and abatement of nuisances shall apply thereto. Further, each day that such condition or violation continues shall be regarded as a new and separate offense and shall be punished accordingly.