Chapter 5.05
CONDUCT OF BUSINESS
Sections:
5.05.010 Purpose.
5.05.020 Definitions.
5.05.030 License required.
5.05.040 License fees.
5.05.050 First year no cost license.
5.05.060 Revised application.
5.05.070 Term renewal.
5.05.080 Exemptions.
5.05.090 Conflict with other regulations.
5.05.100 Effect of noncompliance on application.
5.05.110 Revocation of business license.
5.05.120 Appeal.
5.05.130 Remedy for delinquent fee or tax.
5.05.140 Revocation – Return of license fee.
5.05.150 Unlawful to conduct business after revocation.
5.05.160 Violation – Penalties.
5.05.010 Purpose.
This chapter is declared to be enacted for the purpose of regulating and controlling the conduct of business in the City of Mountlake Terrace. (Ord. 2059 § 16, 1995).
5.05.020 Definitions.
A. “Conduct of business” as used in this chapter means the carrying on of any form of activity for gain, profit or advantage, whether direct or indirect.
B. “Home occupations” means a type of business or profession conducted within the residence of the applicant’s home and as permitted and defined by the Mountlake Terrace Zoning Ordinance, except that those businesses or professions which are conducted both within the residence of the applicant’s home and elsewhere in the City of Mountlake Terrace, are required to have approval as required by the Mountlake Terrace Zoning Ordinance for a home occupation and are subject to the fee contained in MTMC 5.05.040 appropriate to the type of business conducted.
C. “Peddler and salesman” means any person, firm or corporation making personal contact with the citizenry of the City of Mountlake Terrace on a door-to-door basis for any reason. Except, those persons conducting over-the-counter sales within a fixed place of business and those making routine deliveries of fuel, dairy product, or dry cleaning, or other routine services to private residences.
D. “Licensee” means any person, business, company, firm or corporation required to obtain a City business license pursuant to the provisions of this chapter. (Ord. 2059 § 1, 1995).
5.05.030 License required.
It shall be unlawful for any person, firm or corporation to conduct any business within the City of Mountlake Terrace without first having secured the license to do so, as hereinafter provided. (Ord. 2059 § 2, 1995).
5.05.040 License fees.
License fees shall be established by resolution. Application for business licenses shall be made to the City Clerk on such forms as provided and shall be accompanied by the application fee. (Ord. 2330 § 1, 2003; Ord. 2059 § 3, 1995).
5.05.050 First year no cost license.
When application is made for a building permit for a new business building in Mountlake Terrace, occupied by a new business, the businessman shall be issued a first year business license at no cost at the time he is issued occupancy, if owner of building and business are the same. This section is restricted to a new business moving into Mountlake Terrace. (Ord. 2059 § 4, 1995).
5.05.060 Revised application.
When there is a change in floor area used in the business operations during the license year, or where the actual number of employees exceeds the anticipated number, the owner or applicant may apply, or the City shall require a new license to be issued with the fee to be based on the actual operations and with the term of the license to extend from the date of the new application or notice. For any such revised business license, credit shall be given on a proportionate basis for the license fee for the prior partial year. (Ord. 2059 § 5, 1995).
5.05.070 Term renewal.
All licenses hereunder granted shall expire on the day ending the period for which the license was issued. If any license hereunder is not so renewed on or before the expiration date, then a new application must be made, accompanied by a fee of 150 percent of the fee payable upon an original application hereunder. Nonresident businesses are exempt from this section except that those persons, firms, or corporations performing work without a valid business license as required by this chapter are deemed to be in violation of this chapter and shall be subject to the requirement of this section. (Ord. 2059 § 6, 1995).
5.05.080 Exemptions.
Nothing in this chapter shall be construed to apply to:
A. Any activities carried on by a religious, charitable, benevolent, fraternal or social organization except when required by other ordinances of the City of Mountlake Terrace.
B. Any person who holds a valid license under Ordinance No. 642* (Garbage Collectors), Article II of Chapter 3.145 MTMC (Natural Gas), and Ordinance No. 705* (Telephone) of the City of Mountlake Terrace.
C. Businesses exempted by state law. (Ord. 2059 § 7, 1995).
*Code reviser’s note: Ords. 642 and 705 were repealed by Ords. 1256 and 2064, respectively.
5.05.090 Conflict with other regulations.
Notwithstanding any contrary provision hereof, a license hereunder may not be issued any person, firm or corporation which uses or occupies any real property in violation of the provision of the Mountlake Terrace Zoning, Construction, Uniform Garbage Collection, Fire Prevention, Penal Code and all other applicable ordinances, and all amendments thereto. (Ord. 2059 § 8, 1995).
5.05.100 Effect of noncompliance on application.
A pending application for renewal hereunder shall be deemed compliance herewith, unless the applicant is notified by the City Manager in writing that said application may not be granted because of noncompliance with the provisions of this chapter. In the event such notice is given, the applicant shall have 90 days from the date thereof to comply with said section, prior to final action upon said application for renewal. The term of any such license shall expire one year after the date on which the license was scheduled for renewal. (Ord. 2059 § 9, 1995).
5.05.110 Revocation of business license.
The City Manager of the City of Mountlake Terrace shall have the power and authority to revoke any license issued under the provisions of this chapter. The City Manager shall notify such licensee in writing by certified mail of the revocation of his/her/its license and the grounds therefor. Any license issued under this title may be revoked based on one or more of the following grounds:
A. The license was procured by fraud or false representation of fact.
B. The licensee has failed to comply with any of the provisions of this chapter.
C. The licensee is in default in any payment of any license fee or tax due to the municipality pursuant to Mountlake Terrace City Code and/or provided for under state law.
D. Licensee’s continued conduct of the business for which the license was issued will result in a danger to the public health, safety, or welfare by reason of any of the following:
1. The licensee, or his/her/its employees or agents have been convicted of a crime, which bears a direct relationship to the conduct of the business under the license issued pursuant to this chapter.
2. The licensee, or his/her/its agent or employees, have in the conduct of the business, violated any law or ordinance relating to public health or safety.
3. The conduct of the business for which the licensee was issued has resulted in the creation of a public nuisance as defined by state law. (Ord. 2059 § 10, 1995).
5.05.120 Appeal.
Any licensee may, within 10 days after receipt of such notice of revocation, appeal to the Mountlake Terrace Board of Adjustment by filing a written notice of appeal setting forth the grounds therefor with the City Clerk, and the City Clerk shall set a date within 20 days from the hearing of such appeals before the Board of Adjustment, and the City Clerk shall notify the licensee by mail of the time and place of the hearing. After the hearing thereon the Board of Adjustment shall, after appropriate findings of fact and conclusions of law, affirm, modify or overrule the revocation and reinstate the license, and may impose any terms upon the continuance of the license which to the Board of Adjustment may seem advisable. Such decision of the Board of Adjustment is appealable within 14 days, or after denial of a motion for reconsideration within seven days after said denial, to the Superior Court of Snohomish County. No revocation of a license issued pursuant to the provisions of MTMC Title 5, shall take effect until 10 days after receipt of the notice thereof by the licensee, and if appeal is taken as herein prescribed the revocation shall be stayed pending final action by the City Council or Board of Adjustment. All licenses which are revoked shall be surrendered to the City on the effective date of such revocation. (Ord. 2059 § 11, 1995).
5.05.130 Remedy for delinquent fee or tax.
Any license fee or tax due to the municipality and unpaid and delinquent under the Mountlake Terrace Municipal Code or state law may be collected by civil action which remedy shall be in addition to any and all other existing remedies. (Ord. 2059 § 12, 1995).
5.05.140 Revocation – Return of license fee.
Upon revocation of any license as provided in this chapter, no portion of the license fee shall be returned to the licensee. (Ord. 2059 § 13, 1995).
5.05.150 Unlawful to conduct business after revocation.
It shall be unlawful for any person, corporation, business, firm or company to conduct or continue to conduct business after such license is revoked. Each day that a person, corporation, business, firm
or company conducts business without a valid City business license constitutes a separate offense. (Ord. 2059 § 14, 1995).
5.05.160 Violation – Penalties.
Any person, corporation business, firm or company who violates this chapter upon conviction shall be punished for each conviction thereof by a fine not to exceed $1,000 or by incarceration for a period not to exceed 90 days, or by both such fine and incarceration. (Ord. 2059 § 15, 1995).