Chapter 5.04
GENERAL PROVISIONS
Sections
5.04.010 Definitions.
5.04.015 Repealed.
5.04.020 License or license registration required – Transfer prohibited.
5.04.030 Licenses – Fees – Appeal.
5.04.035 Inspection as condition of license issuance or renewal – Time limits for compliance.
5.04.040 Issuance – Late penalty.
5.04.050 Exemptions.
5.04.060 License or license registration revocation – Appeal.
5.04.065 License or license registration revocation – Moral nuisance – Appeal.
5.04.070 Renewal – Appeal.
5.04.080 Posting license.
5.04.090 Reasons for enactment of chapter.
5.04.100 Violation – Penalty.
5.04.010 Definitions.
(1) “Conduct of business” as used in this chapter 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 taxpayer, directly or indirectly, with the exception of wholesale operations, and shall include, without limitation, rental of residential real property and home occupation businesses as defined and regulated in Title 18 DMMC. Each business location shall be deemed a separate business.
(2) “Principal place of business” as used in this chapter is the primary physical location from which persons who establish policy and conduct operations of a business perform those functions. Factors that may be considered in determining the principal place of business include, but are not limited to, the address printed on any business license issued by a government entity other than the city of Des Moines; the address provided by the business to state agencies such as the Secretary of State or the Department of Revenue; or the location advertised for the business in physical, print, or electronic media. [Ord. 1354 § 1, 2004: Ord. 1351 § 13, 2004: Ord. 1295 § 3, 2001: Ord. 882 § 1, 1991: Ord. 859 § 2, 1990: Ord. 114 § 1, 1962: Ord. 39 § 1, 1960.]
5.04.015 Rental of residential real property.
Repealed by Ord. 1351. [Ord. 881 § 2, 1991: Ord. 859 § 3, 1990.]
5.04.020 License or license registration required – Transfer prohibited.
(1) It is unlawful for a person to conduct any business within the city without first having secured a license or license registration to do so, or continue conducting business after such license or license registration is revoked.
(2) A business whose principal place of business is outside of the city of Des Moines may obtain a license registration to fulfill the requirement to secure a business license set forth in subsection (1) of this section.
(3) A license issued under this chapter is valid only for operation of the specific business for which application is made and is not transferable to any other person.
(4) Each day that a person conducts business without a valid business license or license registration constitutes a separate offense and may be punished as such; except a person that assumes operation of a business that has a current valid license is allowed 30 days to make application for a business license in the name of the new operator, but only if there is no change in the nature or type of business conducted, location, or use of the business premises and there are no existing violations of federal, state, or local law. [Ord. 1354 § 2, 2004: Ord. 993 § 6, 1992: Ord. 863 § 1, 1990: Ord. 460 § 1(A), 1979: Ord. 39 § 2, 1960.]
5.04.030 Licenses – Fees – Appeal.
(1) Applications for licenses or license registrations shall be made to the city clerk on such forms as he or she may direct. All home occupations shall be licensed as a business. All applications for business licenses or license registrations shall be accompanied by a license fee or license registration fee set by resolution of the city council. The city clerk shall present all applications for licenses or license registrations to the city manager for investigation. No license or license registration shall be granted to any person, firm, or corporation whom the city manager finds:
(a) Will be engaging in a business which violates any federal or state law or city ordinance;
(b) Has had a similar license revoked or has operated without any required license(s) in any jurisdiction within a one-year period prior to the date of making application for a license under this chapter; or
(c) Is using or occupying the real property of the business in violation of the provisions of Title 14 DMMC or all amendments thereto or in violation of city provisions regarding nuisances.
(2) Any appeal from a denial of issuance of such license or license registration shall be taken to the hearing examiner within 10 days of such denial in accordance with the provisions of the hearing examiner code. [Ord. 1354 § 3, 2004: Ord. 770 § 35, 1988: Ord. 678 § 1, 1986; Ord. 556 § 1, 1983; Ord. 460 § 1(B), 1979: Ord. 454 § 1(A), 1979: Ord. 39 § 3, 1960.]
5.04.035 Inspection as condition of license issuance or renewal – Time limits for compliance.
(1) A person, firm or corporation applying for or renewing any license under this title shall allow physical inspections by the city’s building official and fire marshal, or their respective designee(s) (including re-inspections, as needed), of the premises, objects, equipment, vehicles, instruments, or devices on, in, or with which business is proposed to be conducted by the applicant to determine whether the business complies with city codes, including without limitation Title 14 DMMC, the Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and American National Standards Specifications for Making Buildings and Facilities Accessible to and Usable by the Physically Handicapped.
(2) Applicants shall be responsible for scheduling any inspection authorized by this section in a timely manner.
(3) In the event the building official or fire marshal discover a violation of city code(s) during an inspection conducted as part of a business license application process (including applications for business license renewals), the building official shall issue a written notice of violation generally describing the violation and corrective action required to bring the applicant’s premises or other equipment into compliance with applicable city codes or regulations.
(4) The building official shall allow applicants found to be in violation of city codes, through an inspection conducted under authority of this chapter, a grace period of no more than 21 days in which to bring the business, premises, or equipment into compliance. No grace period shall be allowed where the building official determines that any dangerous circumstance or violation of a particular code provision poses an imminent risk of harm or damage to persons or property.
(a) For applicants seeking a new business license, failure to correct a violation within the time period provided by the building official will be cause for the city clerk to reject an application and require that a new application be made, accompanied by an additional fee of 100 percent of the fee payable upon an original application filed for any license required under this title. No license for a new business will be issued until appropriate corrective action is taken to the satisfaction of the building official.
(b) For applicants seeking to renew an existing business license, failure to correct a violation within the time period provided by the building official shall constitute a violation of this chapter in addition to or as an alternative to any other applicable violation of this code and shall expose the applicant to any and all civil and/or criminal penalties provided in this title, code, or other law.
(5) A determination by the building official of compliance with city codes for purposes of issuing or renewing a business license under this title shall in no way be construed as permission or acquiescence in a prohibited activity or other violation of law that occurs or is discovered following an inspection after issuance of any license.
(6) The provisions of this section shall not apply to businesses whose principal place of business is outside of the city of Des Moines and who are applying for a license registration. [Ord. 1354 § 4, 2004: Ord. 1227 § 1, 1999.]
5.04.040 Issuance – Late penalty.
A license or license registration issued under this chapter is granted for the calendar year of issuance, and shall be renewed on or before February 15th of the year following its date of issuance. If a license or license registration is not renewed by February 15th, a new application must be made, accompanied by an additional fee of 100 percent of the fee payable upon an original application under this chapter. All other applications for renewals are accompanied by the same fee as provided for an original application. [Ord. 1354 § 5, 2004: Ord. 1086 § 1, 1994: Ord. 39 § 4, 1960.]
5.04.050 Exemptions.
Except as hereinafter provided, the provisions of this title shall not apply to any activities carried on by:
(1) The United States or any instrumentality thereof, and by the state or any municipal subdivision thereof;
(2) Nonprofit or charitable organizations established under the laws of the state or any other state or territory of the United States, except that any business activities by such entities which are subject to federal, state, or local taxation, other than bazaar or rummage sales conducted under the provisions of RCW 82.04.365, shall conform to the provisions of this title;
(3) Any nonprofit organization in respect to the operation of “sheltered workshops” as such terms are defined in RCW 82.04.385;
(4) Clubs organized and operated exclusively for pleasure, recreation, or other nonprofit purposes, no part of the earnings of which inures to the benefit of any private member or shareholder, except that any business activities by such entities which are subject to federal, state, or local taxation, other than bazaar or rummage sales conducted under the provisions of RCW 82.04.365, shall conform to the provisions of this title;
(5) Casual or isolated sales made by a person who is not engaged in the business of making sales of the type of property involved. [Ord. 877 § 1, 1990: Ord. 39 § 5, 1960.]
5.04.060 License or license registration revocation – Appeal.
The city manager may at any time revoke any license or license registration issued under the authority of this chapter upon final conviction in a court of competent jurisdiction of any owner, shareholder, partner, manager, employee, servant, or agent of the business of a single instance of a violation of federal or state law or city ordinance, which violation occurs upon the premises or arises out of the business for which the license or license registration has been issued. Lack of knowledge or encouragement of the illegal act by the licensee shall be immaterial to the determination of revocation. Any appeal from revocation of such a license or license registration shall be filed with the hearing examiner within 10 days of such revocation in accordance with the provisions of the hearing examiner code. [Ord. 1354 § 6, 2004: Ord. 770 § 36, 1988: Ord. 460 § 1(C), 1979: Ord. 39 § 6, 1960.]
5.04.065 License or license registration revocation – Moral nuisance – Appeal.
The city manager may at any time revoke any license or license registration issued under the authority of this chapter upon a finding that the licensed premises is a place in or upon which acts of lewdness or acts of prostitution are conducted, permitted, carried on, continued, or exist. Lack of knowledge or lack of encouragement of such acts of lewdness or prostitution by the licensee shall be immaterial to the determination of revocation and shall not be a defense. The licensee is strictly liable for all such acts committed on the licensed premises; provided, however, that prior to revocation of the business license or license registration the city manager shall comply with the warning and probation procedures contained in this section. Upon presentation to the city manager of adequate evidence to support a finding of probable cause that an act of lewdness or prostitution has occurred on the licensed premises, the city manager shall notify the licensee in writing of these findings. The notice shall specify the particular act of lewdness or prostitution and warn the licensee that the business license or license registration is in a probationary status for a period of one year and any further acts of lewdness or prostitution occurring on the licensed premises shall result in revocation of the business license. Upon a finding of probable cause to believe that an additional act of lewdness or prostitution has occurred on the licensed premises within the probationary period the business license shall be revoked. The licensee shall be entitled to appeal such revocation to the hearing examiner in accordance with the provisions of the hearing examiner code, provided a written appeal is filed with the city clerk within 10 days following revocation of the business license or license registration. [Ord. 1354 § 7, 2004: Ord. 824 § 1, 1989.]
5.04.070 Renewal – Appeal.
Applications for renewal of a business license or license registration shall be automatically granted unless the applicant is notified by the city manager in writing prior to renewal that the application shall not be granted because of noncompliance with DMMC 5.04.030 or 5.04.060, or because the use or occupancy of the real estate of the business is in violation of the provisions of DMMC Titles 14 and 18 and all amendments thereto, or in violation of the city provisions regarding nuisances. Any appeal from a denial of renewal of such a license or license registration shall be taken to the hearing examiner within 10 days of such denial in accordance with the provisions of the hearing examiner code. [Ord. 1354 § 8, 2004: Ord. 770 § 37, 1988: Ord. 460 § 1(D), 1979: Ord. 39 § 7, 1960.]
5.04.080 Posting license.
(1) Any license issued under this title shall be posted in a conspicuous place within the establishment.
(2) The provisions of this section shall not apply to businesses whose principal place of business is outside of the city of Des Moines and who are applying for a license registration. [Ord. 1354 § 9, 2004: Ord. 39 § 8, 1960.]
5.04.090 Reasons for enactment of chapter.
This chapter is enacted for the purpose of regulating and controlling businesses. [Ord. 460 § 1(F), 1979: Ord. 39 § 10, 1960.]
5.04.100 Violation – Penalty.
(1) Civil Infraction. Except as otherwise provided in this title, no person shall violate or fail to comply with this title. A violation of or failure to comply with this section is a class 1 civil infraction.
(2) Criminal Penalty. Except as otherwise provided in this title, in addition to or as an alternative to any other penalty provided in this title or by law, a person convicted of a violation of this title is guilty of a gross misdemeanor.
(3) Separate Offense. Each day upon which a violation of this title occurs constitutes a separate offense. [Ord. 1227 § 2, 1999: Ord. 1009 § 33, 1993: Ord. 610 § 9, 1984: Ord. 460 § 1(E), 1979: Ord. 39 § 9, 1960.]