Chapter 5.04
BUSINESS LICENSES
Sections:
5.04.010 Definitions.
5.04.020 Business license required – Posting.
5.04.040 Application and renewal.
5.04.050 License term or expiration.
5.04.060 Fee.
5.04.070 Exception – Applicability of provisions.
5.04.080 Violation – Penalty.
5.04.010 Definitions.
The following definitions shall apply in construing the provisions of this chapter, except where otherwise declared or clearly apparent from the context:
A. “Business,” “occupation” or “pursuit” means and includes all home occupations, wholesalers, retailers, service providers, towing operators, peddlers, canvassers, solicitors, for-hire vehicles, limousine services, pawnbrokers, secondhand dealers and junk dealers engaged in with the object of economic gain, benefit or advantage to the person, firm or corporation, or to another person or class, directly or indirectly, whether part-time or full-time, whether resident or nonresident except those businesses or activities for which licenses or franchises are required by any other chapter or section of the Tumwater Municipal Code as now or hereafter enacted or amended.
B. “Canvasser,” “peddler,” or “solicitor,” within the meaning of this chapter, is any person who, either as a principal or agent, goes from door to door, or from place to place and enters upon any private property within the city and thereon engages in any of the following activities:
1. Sells, takes orders for, or offers to sell or take orders for, any goods, wares or merchandise whether or not collecting in advance for such goods, wares or merchandise; and/or
2. Sells, takes orders for, or offers to sell or take orders for services, whether or not collecting in advance for the performance of such services; and/or
3. Sell, takes orders for, or offers to sell or take orders for the making, manufacturing, or repairing of any article or thing whatsoever, whether or not collecting in advance for the performance of such services; and/or
4. Seeks contributions or donations.
C. “City” means the city of Tumwater.
D. Corporation. See “person.”
E. “Driver” and “operator” mean the person physically engaged in driving a for-hire vehicle, whether or not the person is the owner of or has any financial interest in the vehicle.
F. “Engage in business” means commence, conduct, or continue in business, and also the exercise of corporate or franchise powers as well as liquidating a business when the liquidators thereof hold themselves out to the public as conducting such business.
G. Firm. See “person.”
H. “For-hire vehicle” includes all vehicles used for the transportation of passengers for compensation, except chartered and scheduled buses, vehicles not for hire by the general public (such as vans operated by hotels, employers, churches, schools and retirement facilities) and ride share vehicles. The term refers primarily to taxicabs and limousines.
I. “Limousine” means a chauffeur-driven, unmetered, unmarked luxury motor vehicle pre-arranged for transportation meeting the definition in RCW 46.04.274. Limousines differ from “taxis” in that they are for the exclusive use of the person(s) paying the pre-arranged fare, are unmetered, unmarked, and are not available for spontaneous hire.
J. Occupation. See “business.”
K. Operator. See “driver.”
L. Peddler. See “canvasser.”
M. “Person” means any natural person of any gender, firms, corporations, partnerships or associations either acting by themselves or by servant, agent or employee. The singular shall include the plural.
N. “Person,” “firm,” or “corporation,” used interchangeably in this chapter, means any individual, receiver, assignee, trustee in bankruptcy, trust, estate, firm, co-partnership, joint venture, club, company, joint stock company, business trust, corporation, association, canvasser, peddler, solicitor, society, or any group of individuals acting as a unit, whether mutual cooperative, fraternal, nonprofit or otherwise, and includes the United States or any instrumentality thereof, for whom a valid business license may be required therefrom under the provisions of this chapter.
O. Pursuit. See “business.”
P. Solicitor. See “canvasser.”
Q. “Towing operator” is anyone engaged in the business of offering towing service by use of a vehicle wrecker or by a vehicle adapted to that purpose, whereby motor vehicles are towed or are otherwise removed from the place where they are disabled.
(Ord. O2011-018, Amended, 12/20/2011; Ord. O2011-002, Amended, 03/01/2011; Ord. O2003-013, Amended, 04/01/2003; Ord. 841, Added, 12/09/1978)
5.04.020 Business license required – Posting.
It is unlawful for any person, firm or corporation to engage in any business, occupation or pursuit, as defined in TMC 5.04.010, in the city without first having obtained a business license therefor as provided in this chapter. The business license provided for in this chapter shall be posted in a conspicuous location at the place of the business. Such business license is nontransferable.
(Ord. O2011-018, Amended, 12/20/2011; Ord. O2003-013, Amended, 04/01/2003; Ord. 841, Added, 12/09/1978)
5.04.040 Application and renewal.
A. Application for a business license shall be made either with the city of Tumwater or with the State of Washington Department of Licensing giving such information as is deemed reasonably necessary to enable the enforcement of this chapter. Said application shall be accompanied by payment of the application fee.
B. Renewals shall be handled by the State of Washington Department of Licensing in coordination with the city finance director.
(Ord. O2011-018, Amended, 12/20/2011; Ord. O2003-013, Added, 04/01/2003)
5.04.050 License term or expiration.
Each city license issued shall have a term as determined by the State of Washington Department of Licensing in cooperation with the city. The city license term or expiration date will be coordinated with the terms or expiration dates of all other licenses or permits required by the state for each business.
(Ord. O2011-018, Amended, 12/20/2011; Ord. O2003-013, Added, 04/01/2003)
5.04.060 Fee.
The fee for the business license required by this chapter shall be as established by resolution of the city council. The fee may be prorated as necessary to conform to TMC 5.04.050.
(Ord. O2011-018, Amended, 12/20/2011; Ord. O2003-013, Added, 04/01/2003)
5.04.070 Exception – Applicability of provisions.
This chapter shall not be applicable to:
A. Nonprofit organizations as recognized by the state of Washington and the federal government (i.e., 501(c)(3)).
B. The sales of daily newspapers, whether subscriptions are taken or not, or to the dissemination of news and information.
(Ord. O2011-018, Amended, 12/20/2011; Ord. O2003-013, Added, 04/01/2003)
5.04.080 Violation – Penalty.
Any person, firm or corporation violating or failing to comply with any provision of this chapter shall be deemed guilty of a misdemeanor, as prescribed in TMC Chapter 1.12.
(Ord. O2011-018, Amended, 12/20/2011; Ord. O2010-014, Amended, 06/15/2010; Ord. O2003-013, Added, 04/01/2003)