Chapter 5.02
BUSINESS LICENSES

5.02.000    Chapter Contents

Sections:

5.02.005    License required.

5.02.010    License term designated.

5.02.015    License fee.

5.02.020    Application and renewal.

5.02.030    Home occupation business.

5.02.040    Exemptions.

5.02.050    License Denial, Suspension or Revocation.

5.02.060    Appeal of License Denial, Suspension or Revocation.

5.02.070    Penalty.

(Ord. 6819 §1, 2012; Ord. 6798 §1, 2012).

5.02.005 License required

A.    No person may conduct business within the City without first obtaining an approved City business license. The license required by this chapter is in addition to any regulatory license that may be required by another chapter within Title 5 OMC.

B.    The business license is not transferable. A business owner acquiring an existing business in the City must obtain a new, approved license for that business. Each separate physical location operated by a business inside the City must be licensed separately and be approved by the City before business may commence at that location. No fee will be charged for additional locations. A change of physical location of a business inside the City will require approval by the City before business may commence at the new location, and may require the filing of a new State of Washington Business License Application and/or a new City of Olympia Business License Application. If two or more businesses operate at the same physical location, each business must obtain a license.

C.    The issuance and renewal of business licenses shall be done by the State of Washington Department of Revenue Business License Service (BLS) in coordination with the City.

D.    The business license document issued by the Business License Service must be posted in a conspicuous place on the premises identified on the license.

(Ord. 6819 §1, 2012; Ord. 6798 §1, 2012; Ord. 6694 §2, 2010).

5.02.010 License term designated

The license required by this chapter shall have a term as established by the State of Washington Department of Revenue Business License Service, in cooperation with the City.

(Ord. 6819 §1, 2012; Ord. 6798 §1, 2012; Ord. 6694 §2, 2010; Ord. 4493 §1, 1984; Ord. 4419 §5, 1983; Ord. 4417 §5, 1983).

5.02.015 License fee

The initial fee for the City business license required by this chapter is $30.00. The renewal fee may be prorated to accommodate the license term established under OMC 5.02.010. The license fees listed in this section are in addition to any other license or handling fee collected by the BLS.

(Ord. 7009 §1, 2016; Ord. 6819 §1, 2012; Ord. 6798 §1, 2012; Ord. 6694 §2, 2010).

5.02.020 Application and renewal

A.    Application for the business license shall be made by submitting a completed Master Business Application, and any appropriate addenda forms to the BLS, in cooperation with the City. Said application shall be accompanied by payment of all respective license fees due for that application and the BLS application handling fee authorized by RCW 19.02.075.

B.    Renewals shall be handled by the Business License Service in coordination with the City Treasurer. Renewal shall require payment of all license fees due for that renewal, and the BLS renewal handling fee authorized by RCW 19.02.075.

C.    Failure to renew the license on or before the expiration date established by the Business License Service may result in the charge of a delinquent renewal penalty as authorized in RCW 19.02.085.

D.    Failure to renew the license on or before 120 days after the expiration date established by the Master License Service may result in the cancellation of the license, and may require the filing of a new Master Business Application, payment of all appropriate fees, and reapproval by the City in order to continue conducting business in the City.

(Ord. 6819 §1, 2012; Ord. 6798 §1, 2012; Ord. 6694 §2, 2010).

5.02.030 Home occupation business

A business owner intending to conduct business from a residence located within the City must provide proof of residency within the City and sign an acknowledgement of compliance with the Home Occupation Standards listed in OMC 18.04.060. The proof of residency and acknowledgement must be filed directly with the City separate from the State of Washington Business License Application submitted to the Business License Service, and must be received by the City before the business license application can be approved.

(Ord. 6819 §1, 2012; Ord. 6798 §1, 2012; Ord. 6694 §2, 2010).

5.02.040 Exemptions

Non-profit organizations recognized by the State of Washington and Federal Government (e.g. 501(c)(3) are exempted from any fees this Chapter. However, they are not exempted from registering with the City of Olympia.

(Ord. 6819 §1, 2012; Ord. 6798 §1, 2012; Ord. 6694 §2, 2010).

5.02.050 License Denial, Suspension or Revocation

A.    A business license may be denied, suspended or revoked by the City’s Director of Administrative Services. The Director, or designee, shall notify the license applicant or licensee in writing of the denial, suspension, or revocation of his or her registration and the grounds therefor. A business license may be denied, suspended or revoked for any one or more of the following reasons:

1.    the license was procured by fraud or false representation of fact or contains misleading statements or suppression of material facts about the business;

2.    the license applicant has applied for a business license for activities that are prohibited by law;

3.    the licensee, owner, or operator of the business is currently operating a business in a manner that is prohibited by law;

4.    the licensee is in violation of the terms and conditions under which the license was issued;

5.    the licensee, owner, operator, or an employee has been convicted of a crime involving the business;

6.    it is necessary to deny, suspend, or revoke the license for the protection of the public health, safety, peace, or welfare;

7.    the business has become an instrument of or a cover for public disorder, crime, or other danger to public safety, morals, or health.

8.    the business has failed to file and pay B&O taxes required by OMC 5.04.060.

B.    Upon revocation of any license as provided in this Chapter, no portion of the registration fee shall be returned to the applicant or licensee.

(Ord. 7003 §1, 2016; Ord. 6819 §1, 2012; Ord. 6798 §1, 2012).

5.02.060 Appeal of License Denial, Suspension or Revocation

If a business license is denied, suspended, or revoked pursuant to any provision of OMC 5.02.050(1-7), a business owner or license applicant may appeal such decision to the City Manager within thirty (30) days of such denial, suspension, or revocation. In order for an appeal to be considered, the business owner or applicant must state with particularity the reasons why the City’s decision was in error and the reasons the City Manager should reverse the denial, suspension, or revocation. The City Manager (or designee) will review the appeal and issue a written decision to uphold, modify, or reverse the denial, suspension, or revocation within thirty (30) days of receipt of the appeal. The City Manager’s decision is the final decision of the City and may be appealed to the Thurston County Superior Court within thirty (30) days of the date the City Manager issues his/her decision.

(Ord. 6819 §1, 2012; Ord. 6798 §1, 2012).

5.02.070 Penalty

A.    Any person, firm, or corporation who knowingly violates or fails to comply with any term or provision of this chapter shall be deemed to have committed a misdemeanor, and if found guilty, shall be subject to a fine not to exceed One Thousand Dollars ($1,000), and/or to imprisonment not to exceed ninety (90) days or to both such fine and imprisonment. Each day shall be a separate offense. In the event of a continuing violation or failure to comply, the second and subsequent days shall constitute a gross misdemeanor punishable by a fine not to exceed Five Thousand Dollars ($5,000) and/or imprisonment not to exceed three hundred and sixty-five (365) days or both such time and imprisonment. Continuing violation shall mean the same type of violation which is committed within a year of the initial violation.

B.    As an additional concurrent penalty, it shall be a civil infraction for a person, firm, or corporation to violate or fail to comply with any term or provision of this chapter. Each day shall be a separate infraction. A person, firm, or corporation found to have committed a civil infraction shall be assessed a monetary penalty as follows:

1.    First offense: Class 3 ($50), not including statutory assessments.

2.    Second offense arising out of the same facts as the first offense: Class 2 ($125), not including statutory assessments.

3.    Third offense arising out of the same facts as the first offense: Class 1 ($250), not including statutory assessments.

See also OMC Chapter 4.44, Uniform Civil Enforcement.

(Ord. 6819 §1, 2012).