Chapter 5.04
BUSINESS REGISTRATION REGULATION AND FEES
Sections:
5.04.005 Definitions.
5.04.010 Registration and fee payment required.
5.04.015 Registration of business location and posting of license.
5.04.030 Person subject to fee.
5.04.040 Business located outside city limits.
5.04.050 Exemptions.
5.04.060 Applicability of other ordinances.
5.04.070 Basic registration fee.
5.04.080 Procedure for obtaining registration.
5.04.090 Business registration renewal.
5.04.100 Issuing official.
5.04.110 Business registration nontransferable.
5.04.120 Right to refuse registration.
5.04.130 Excise tax returns—State of Washington Department of Revenue.
5.04.140 Compliance with other laws.
5.04.150 Examinations of business premises.
5.04.160 Proof of registration.
5.04.170 Penalties.
5.04.175 Additional penalties—Contractors—Building permits.
5.04.180 Additional remedies.
5.04.900 Severability.
5.04.005 Definitions.
In construing the provisions of this chapter, except when otherwise declared, apparent, or clearly appearing from the context of the passage or section, the following definitions shall be applied:
A. Business. The word “business” includes all activities, occupations, trades, pursuits, or professions located and/or engaged in within the city, with the object of gain, benefit, or advantage to the person, or to another person or class of persons, directly or indirectly.
B. City. The word “city” means the city of Prosser.
C. Engaging in Business. The term “engaging in business” means commencing, conducting or continuing in any business, and also other exercise of corporate or franchise powers, as well as liquidating a business when the liquidators hold themselves out to the public as conducting such business.
D. Person. The word “person” means any individual, firm, partnership, limited liability company, corporation, association, receiver, assignee, trustee in bankruptcy, trust, estate, joint venture, club, joint stock company, business trust, society, or any group of individuals acting as a unit.
E. Registrant. The word “registrant” shall include any person who engages in business or who is required to have a business registration, or who performs any act for which a registration fee is imposed by this chapter.
F. Master License Service. The phrase “Master License Service” shall mean that section of the State Department of Licensing authorized to provide such service pursuant to RCW Chapter 19.02 as now codified or as hereafter amended. (Ord. 2609 § 3, 2008).
5.04.010 Registration and fee payment required.
It is unlawful for any person to do, transact, exercise, engage in, or carry on, either directly or indirectly, within the limits of the city of Prosser any business for which a registration is required or a registration fee provided without first procuring such registration and paying such fee. All such registrations shall be renewed annually, shall be effective for one year or prorated fraction thereof, and shall expire on the date established by the Master License Service. (Ord. 2609 § 4, 2008).
5.04.015 Registration of business location and posting of license.
All registrants shall post the license displaying the city registration in their physical place of business. A business must register each physical location at which it conducts business in the city and a separate license displaying the city registration is required for each physical location. Multiple businesses operating at the same physical location must each register for business separately, and post a separate license displaying the city registration. Businesses located outside the city must carry a copy of the license displaying the city registration while conducting business inside the city. (Ord. 2609 § 5, 2008).
5.04.030 Person subject to fee.
There is levied upon and shall be collected from every person who engages in business in the city an annual registration fee for the privilege of engaging in business within the city limits of the city. (Ord. 2609 § 6, 2008).
5.04.040 Business located outside city limits.
Unless otherwise exempt, this chapter applies to a business located outside of the city that engages in any business inside the city. (Ord. 2609 § 7, 2008).
5.04.050 Exemptions.
The provisions of this chapter shall not apply to the following, except as otherwise provided in this section:
A. Any fraternal or social corporation or organization, the purpose of which is charitable or nonprofit.
B. Any religious organization or church or other religious assemblage.
C. Any person who is exempt from paying the registration fee by the laws of the United States of America or by the state of Washington.
D. Any municipal corporation or political subdivision of the United States of America or the state of Washington.
E. Any charitable or fundraising organization; provided, however, the fundraising organization has a charitable or nonprofit purpose.
F. Suppliers who do not have a place of business in the city and who are engaged solely in wholesale selling to licensed retailers.
G. Vendors in a bazaar or community fair for which a business registration has been given to the sponsor thereof. The sponsor’s business registration shall be effective the first day a vendor is present at the bazaar or community event and shall terminate three days later. A business, which already has a business registration, shall be required to obtain a business registration specifically to cover vendors in a bazaar or community event.
H. Lessors/lessees of real property.
I. Artisans who produce their own art or craft work and are invited to exhibit and sell their art and craft work as part of a community event sponsored by a charitable or nonprofit organization in the city.
J. Vendors of prepared foods who are invited to sell their products as part of a community event sponsored by a charitable or nonprofit organization in the city.
K. Any person who performs personal services pursuant to a personal services contract with the city of Prosser for an amount of less than five thousand dollars per year. (Ord. 2609 § 8, 2008).
5.04.060 Applicability of other ordinances.
The provisions of Section 5.04.050, dealing with exemptions from the provisions of this chapter, shall not allow any of the exempt organizations or persons to conduct business or activities which would subject them to the requirements of any other ordinance of the city relating to taxes, fees or licenses, particularly, although not so limited thereto, gambling, amusement devices, or any other tax or license fee required to be purchased or paid for carrying on that particular activity. (Ord. 2609 § 9, 2008).
5.04.070 Basic registration fee.
The annual basic registration fee shall be in the amount as provided for in the city’s fee schedule adopted by resolution of the city council. The registration fee is a basic fee for the privilege of doing and conducting business within the city limits of the city of Prosser. Any other section of this chapter or any other ordinance of the city requiring a license or tax for conducting a specific and named activity shall be in addition to this basic registration fee. There shall be no set-off or credit given for this basic registration fee unless such ordinance or section of an ordinance so allows. (Ord. 2609 § 10, 2008).
5.04.080 Procedure for obtaining registration.
A. Any person who conducts business, either directly or indirectly, within the city, unless otherwise exempt, shall apply for a business registration by submitting a master business application with the Master License Service, in cooperation with the city clerk, before conducting any business within the city. The application for a business registration shall include, but not be limited to, the following information and shall be accompanied by the required basic registration fee as defined in Section 5.04.070, and the Master License Service handling fee:
1. The name of the applicant, the applicant’s address and telephone number.
2. The name of the business and a complete list of all names by which the business conducts business in the city or by which the business is otherwise known or referred to.
3. The physical location, address, and telephone number of the place where the business will be conducted.
4. A description of the activities, purposes, and nature of the business.
5. The mailing address of the business.
6. The names and telephone numbers of persons to contact in the case of an emergency.
B. The city clerk will verify proper zoning before issuing the business registration. A business which does not meet the proper zoning requirements will not be issued a business registration until the business complies with the proper zoning requirements.
C. The business registration will be issued upon approval of the completed business registration application and payment of the basic registration and Master License Service fees. Copies of all approved business registrations will be forwarded to the city building department, the police department, the public utilities department, and to Prosser Fire District 3. (Ord. 2609 § 11, 2008).
5.04.090 Business registration renewal.
All business registrations must be renewed by the expiration date established by the Master License Service. Renewals are filed with the Master License Service. All renewals must be accompanied by payment of the registration fee, and the Master License Service handling fee. A renewal filed after the expiration date must also include payment of the Master License Service late fee. Failure to renew the city registration may result in cancellation of the registration. A cancelled registration may require filing of a master business application before continuing to conduct business in the city. (Ord. 2609 § 12, 2008).
5.04.100 Issuing official.
The city clerk, in cooperation with the Master License Service, shall be the official of the city charged with the duty of issuing the registrations required under this chapter. (Ord. 2609 § 13, 2008).
5.04.110 Business registration nontransferable.
No business registration issued within the city limits shall be transferable. Only the persons to whom the registration is issued shall be eligible to operate on that registration. (Ord. 2609 § 14, 2008).
5.04.120 Right to refuse registration.
A. The issuing official may, if it is deemed in the best interest of the city, refuse to issue a registration to any person, and the person so refused shall not engage in any business for which a registration as required has been refused.
B. Upon refusal to grant a registration, the aggrieved party shall have the right to appeal the decision to the city council. The appeal shall be received, in written form, by the city clerk within ten days of the date of refusal to register the business. The city council must then review the application and the reasons for the refusal to register within thirty days from the date of the receipt of the notice of appeal.
C. Upon a hearing of the facts, the city council shall then have the right to either uphold the refusal or accept the application for registration upon payment of the basic registration fee and any other tax or license imposed upon the business. The council must make its decision within thirty days of the date of their review at a city council meeting.
D. The parties shall be bound by the decision of the council, subject to the right of appeal to the superior court of the state of Washington, county of Benton; the court having jurisdiction over these matters. (Ord. 2609 § 15, 2008).
5.04.130 Excise tax returns—State of Washington Department of Revenue.
All persons, firms and corporations who perform labor, services and construction, or who sell goods or any other items deemed taxable by the State of Washington Department of Revenue within the city (as provided in Rule II, WAC 458-20-145), shall report the city of Prosser “Location Code Number 0303” on their excise tax returns to the State of Washington Department of Revenue. On any violation hereof the amount of the local sales and use taxes due the city shall be paid to the city by the violator, together with a penalty of one hundred percent in addition to all other penalties, fines and remedies provided in the chapter. (Ord. 2609 § 16, 2008).
5.04.140 Compliance with other laws.
The issuance of a business registration shall not relieve the applicant from the requirement to comply with all other applicable laws of the state of Washington, laws of the United States, and city ordinances, including, but not limited to, zoning, building code, fire code, IRS regulations, and other tax and license regulations. (Ord. 2609 § 17, 2008).
5.04.150 Examinations of business premises.
City officials shall have the authority to investigate and examine all places of business registered or subject to registration under this chapter at any reasonable time for the purpose of determining whether such place of business is complying with the provisions of this chapter. In addition, all places of business are subject to inspection for compliance with building codes and fire codes. (Ord. 2609 § 18, 2008).
5.04.160 Proof of registration.
Every person required to register under this chapter, or their agent, shall provide proof of business registration upon request of any Prosser police officer or other city official. Failure to provide such proof shall be punished as provided in Section 5.04.170 as now codified or hereafter amended. (Ord. 2609 § 19, 2008).
5.04.170 Penalties.
A. It is unlawful for any person to willfully make any false or misleading statement to the city clerk for the purpose of determining the amount of any registration fee to be paid by any such person, or to fail or refuse to comply with any of the provisions of this chapter to be complied with, or to fail or refuse to pay before the same shall be delinquent any registration fee or penalty required to be paid by any such person.
B. Nothing contained in this chapter shall be taken or construed as vesting any right in any registration as a contract obligation on the part of the city as to the amount of the fee required. Other or additional taxes or fees and the fees provided for in this chapter may be increased or decreased and additional or other fees provided for and levied in any and all instances at any time by the city.
C. The citation of any person for violation of any of the provisions of this chapter shall not operate to relieve such person from paying any fee or penalty thereupon for which such person shall be liable, nor shall the payment of any such fee be a bar to or prevent citation and prosecution in the district court of Benton County of any citation for the violation of any of the provisions of this chapter.
D. Except as otherwise provided in this chapter, any violation of this chapter shall constitute a civil infraction. Civil infractions shall be written in conformance with the procedures provided for in Chapter 6.50. Each day any person shall conduct any business within the city in violation of this chapter shall constitute a separate civil infraction. The amount of the fine for each citation shall be as provided for in Chapter 6.50. (Ord. 2609 § 20, 2008).
5.04.175 Additional penalties—Contractors—Building permits.
A. No contractor may commence work on any project requiring a building permit unless the property owner or his agents or assigns have obtained a building permit from the city of Prosser, which permit includes the scope of work to be performed by the contractor.
B. The provisions of this section shall prevail over any conflicting provisions contained in Chapter 15.04. The penalty provided in this section shall be an addition to the penalty provided for in Section 5.04.170.
C. The penalties provided for in this section shall be in addition to any other penalty provided for in this chapter and in the Prosser Municipal Code. The first violation of this section shall result in the city’s finance department sending the contractor a warning letter containing a copy of this section. The second violation of this section shall result in the revocation of the contractor’s registration to do business in the city of Prosser for a period of one year. Third and subsequent violations of this section shall result in the revocation of the contractor’s registration to do business in the city of Prosser for a period of one year without any right to early reinstatement. The city shall mail notice to the contractor that the contractor’s business registration has been revoked. Such notice shall be effective three days after the date of mailing. For a contractor’s second violation of this section, the contractor may reinstate the contractor’s business registration by the payment of a two-hundred-fifty-dollar reissue fee. Such reissue fee shall be paid by means of a cashier’s check. The business registration shall remain revoked until the finance department of the city has both received the two-hundred-fifty-dollar check and reissued the contractor’s business registration.
D. The contractor may appeal the revocation to the city administrator by filing notice of such appeal with the city clerk of the city of Prosser on or before ten business days after the effective date of the notice of the revocation. The city administrator shall hold a hearing regarding the contractor’s appeal at a time and place determined by the city administrator. The city administrator shall mail notice to the contractor stating the time and place of the hearing on or before fifteen business days prior to the hearing. This notice shall be effective on the date it is placed in the mail. After the hearing, the city administrator shall issue a written decision on the appeal which decision shall be effective on the date it is mailed to the contractor. The contractor may appeal the decision of the city administrator to the city council by filing a notice of appeal with the city clerk within twenty business days from the effective date of the city administrator’s decision. The notice of appeal shall contain a statement which sets forth all of the alleged errors made by the city administrator at the hearing. The city council shall hear the appeal within twenty business days after the notice of appeal was filed by the contractor. Notice of the time and date of the city council’s hearing shall be sent to the contractor not less than ten business days before the hearing. Notice shall be effective upon mailing. The decision of the city council shall be final.
E. The term “contractor,” for the purposes of this section, shall be defined as any person, company, corporation, limited liability company, partnership or other legal entity which performs services, the provision of which requires a business registration in accordance with this title. (Ord. 2609 § 21, 2008).
5.04.180 Additional remedies.
A. In addition to the penalties provided for in this chapter and as separate and distinct remedies, the city may sue in any court of competent jurisdiction to obtain a judgment and enforce collection thereof by execution for any registration fee due under this chapter.
B. The city may seek an injunction prohibiting a person from engaging in any unregistered business.
C. In any action or suit authorized by this section, the city, if it prevails, shall recover reasonable attorneys’ fees to be set by the court, in addition to its costs and disbursements. (Ord. 2609 § 22, 2008).
5.04.900 Severability.
The provisions of this chapter are hereby declared to be severable. If any section, subsection, sentence, clause, or phrase of this chapter or its application to any person or circumstance is for any reason held to be invalid or unconstitutional, the remainder of this chapter shall not as a result of said section, subsection, sentence, clause, or phrase be held unconstitutional or invalid. (Ord. 2609 § 23, 2008).