Chapter 5.04
BUSINESS LICENSES GENERALLY

Sections:

5.04.010  Definitions.

5.04.020  Business license required.

5.04.030  Exemption.

5.04.040  Excise tax returns – State of Washington Department of Revenue.

5.04.050  Business license fee and procedure.

5.04.060  Posting license.

5.04.070  License term or expiration.

5.04.080  Business license penalty.

5.04.090  Special event license.

5.04.100  Requirements of persons engaged in businesses.

5.04.110  Inspections.

5.04.120  Penalties.

5.04.130  Additional penalties – Building and development permits.

5.04.140  Suspension or revocation.

5.04.150  Suspension/revocation.

5.04.160  Reasons for immediate revocation.

5.04.170  Notice of suspension or revocation.

5.04.180  Appeal of suspension or revocation.

5.04.190  Clean-up requirements.

5.04.200  Denial of license.

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” shall mean any and all activities, occupations, trades, pursuits or professions located and/or engaged in, within the city of Zillah, with the object of gain, benefit, or advantage (directly or indirectly) to the person, association or entity. A representative listing of businesses is contained in Attachment A at the end of this section. For the purpose of this chapter, the leasing or rental of two or more residential units (apartments, houses or other dwellings) shall also be considered to be a business, and all units must abide by the Residential Landlord-Tenant Act (Chapter 59.18 RCW) for health and safety.

B. “City” means the city of Zillah.

C. “Engaging in business” shall mean the commencing, conducting, or continuing in any business, and also the exercise of corporate or franchise powers, as well as liquidating a business when the liquidators hold themselves out to the public as conducting such a business.

D. “Home occupation” means an accessory use of a residence for a business conducted only by residents of the dwelling and as authorized by the city’s zoning ordinance.

E. “Person” shall mean any individual, firm, partnership, company, corporation, limited liability company, 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.

Attachment A

A. The following businesses are required to obtain a business license for the privilege of engaging in business activities within the city:

Adult entertainment;

Advertising;

Appliance repairs;

Assisted living, homes and centers;

Arcades;

Automobile service stations;

Automotive parts and accessories stores;

Banks;

Bakeries;

Bed and breakfast inns;

Building materials and supplies companies;

Bulb dealers, wholesale or retail;

Bus companies;

Butcher shops;

Canneries;

Camping resorts and recreational vehicle camps;

Cigar stores;

Clothing stores;

Cocktail bars;

Collection agencies;

Commercial recreation facilities;

Dairies;

Department stores;

Door-to-door solicitors;

Drive-in restaurants;

Drive-through food and beverage venders;

Dry cleaners;

Electrical and appliance stores;

Farm implement dealers;

Finance, investment or loan companies;

Fitness clubs;

Florists or nurseries;

Food processors;

Fuel companies;

Fruit and produce stands;

Funeral homes;

Furniture stores;

Garages;

Gift shops;

General medical practice;

Golf courses;

Grocery stores;

Hardware stores;

Hauling;

Health studios;

Home cleaning or maid service;

Hospitals;

Hotels, lodging houses, and similar establishments;

Insurance agencies;

Indoor commercial amusements;

Janitorial services;

Jewelry stores;

Laboratories;

Landlord, two or more rental units;

Laundries;

Manufacturing;

Machine shops;

Marine supplies;

Medical offices;

Monument works;

Motels;

Music stores;

Motor freight and transfer companies;

Nursing homes;

Office supplies and equipment;

Paint and/or glass companies;

Personal services;

Photography shops and studios;

Plumbing shops, wholesale or retail;

Printing shops;

Publishers;

Radio and television sales and service;

Railroad companies;

Recreational equipment sales and rentals;

Refrigeration lockers;

Restaurants;

Retail petroleum products;

Retail products;

Savings and loan associations;

Schools: commercial, business, dancing, etc.;

Shoe repair shops;

Snack bars;

Sporting goods;

Storage and car wash garages;

Soft drink manufacturing and/or bottlers;

Taverns, bars and cocktail lounges;

Taxi companies;

Title insurance companies;

Theaters;

Toy stores;

Trailer courts;

Travel agencies;

Upholstery shops;

Wholesale dealers;

Wholesale petroleum products dealers;

Wineries and wine tasting rooms.

B. The following professionals and businesses are required to have a separate professional license issued by the state of Washington, and shall be required to also obtain a city business license for the business. While the city of Zillah does not regulate state licensing, they may require proof of state licensing from the following businesses. Individuals employed by the licensed business are not required to obtain separate city business licenses, but are to be covered by their employer’s business license:

Accountants, as defined by Chapter 18.04 RCW;

Acupuncturists, as defined by Chapter 18.06 RCW;

Architects, as defined by Chapter 18.08 RCW;

Art dealers, as defined by Chapter 18.108 RCW;

Attorneys, as defined by Chapter 18.09 RCW;

Auctioneers, as defined by Chapter 18.11 RCW;

Automobile dealers, new and used, as defined by Chapter 46.70 RCW;

Birthing centers, as defined by Chapter 18.46 RCW;

Bail bond agents, as defined by Chapter 18.185 RCW;

Boarding homes, as defined by Chapter 18.20 RCW;

Certified real estate appraiser, as defined by Chapter 18.140 RCW;

Chemical dependency professionals, as defined by Chapter 18.205 RCW;

Chiropractors, as defined by Chapter 18.25 RCW;

Commercial telephone solicitors, as defined by Chapter 19.158 RCW;

Contractors registered with the state pursuant to Chapter 18.27 RCW;

Cosmetologists, barbers and manicurists, as defined by Chapter 18.16 RCW;

Counselors, as defined by Chapter 18.19 RCW;

Daycares, as defined by WAC 388-296-0125;

Debt adjusters, as defined by Chapter 18.28 RCW;

Dental hygienists, as defined by Chapter 18.29 RCW;

Denturists, as defined by Chapter 18.30 RCW;

Dentistry, as defined by Chapter 18.32 RCW;

Dietitians and nutritionists, as defined by Chapter 18.138 RCW;

Drugless healing, as defined by Chapter 18.36 RCW;

Electricians, as defined by Chapter 19.28 RCW;

Embalmers – Funeral directors, as defined by Chapter 18.39 RCW;

Engineers and land surveyors, as defined by Chapter 18.43 RCW;

Escrow agent, as defined by Chapter 18.44 RCW;

Food lockers licensed with the state pursuant to Chapter 19.32 RCW;

Geologists, as defined by Chapter 18.220 RCW;

Hearing and speech, as defined by Chapter 18.35 RCW;

Home childcare, as defined by WAC 388-296-0125;

Immigration assistants, as defined by Chapter 19.154 RCW;

Insurance sales/owners;

Landscape architects, as defined by Chapter 18.96 RCW;

Massage practitioners/therapists, as defined by Chapter 18.108 RCW;

Mental health counselors, marriage and family therapists, as defined by Chapter 18.225 RCW;

Midwifery, as defined by Chapter 18.50 RCW;

Mortgage brokers, as defined by Chapter 19.146 RCW;

Naturopaths, as defined by Chapter 18.36A RCW;

Nursing homes, as defined by Chapter 18.51 RCW;

Occupational therapy, as defined by Chapter 18.59 RCW;

Ocularists, as defined by Chapter 18.55 RCW;

Optometrists, as defined by Chapter 18.53 RCW;

Orthotic and prosthetic, as defined by Chapter 18.200 RCW;

Osteopaths, as defined by Chapter 18.57 RCW;

Plumbers, as defined by Chapter 18.106 RCW;

Pharmacists, as defined by Chapter 18.64 RCW;

Pharmacy assistants, as defined by Chapter 18.71A RCW;

Physicians, as defined by Chapter 18.71 RCW;

Physician assistants, as defined by Chapter 18.71A RCW;

Physical therapy, as defined by Chapter 18.74 RCW;

Podiatrists, as defined by Chapter 18.22 RCW;

Pawnbrokers and secondhand stores and/or dealers, as defined by Chapter 19.60 RCW;

Private investigators, as defined by Chapter 18.165 RCW;

Process servers, as defined by Chapter 18.180 RCW;

Psychologists, as defined by Chapter 18.83 RCW;

Radiologic technologists, as defined by Chapter 18.84 RCW;

Real estate agents, as defined by Chapter 18.85 RCW;

Respiratory care, as defined by Chapter 18.89 RCW;

RV park;

Security, as defined by Chapter 18.170 RCW;

Self-service storage facilities, as defined by Chapter 19.150 RCW;

Sex offender treatment providers, as defined by Chapter 18.155 RCW;

Surveyors, as defined by Chapter 18.43 RCW;

Therapeutics, as defined by Chapter 18.59 or 18.74 RCW;

Vehicle wreckers, as defined by Chapter 46.80 RCW;

Veterinarians, as defined by Chapter 18.92 RCW.

C. Businesses located outside the corporate limits of the city of Zillah engaged in the sale of services within the corporate limits of the city.

D. City clerk/treasurer is authorized to review and determine any unlisted or nonspecified business or entity and determine whether a business license shall be required. (Ord. 1168 § 1, 2008)

5.04.020 Business license required.

No person shall engage in any business or activity in the city of Zillah for which a license is required by this chapter without first having obtained and being the holder of a valid city business license. A business license shall not be issued without paying the business license fee, handling fees, and any penalty imposed by this chapter. Any person(s) or entity engaging in business activity shall also obtain any and all other permits and licenses for such business as required by federal, state, and local laws. (Ord. 1168 § 2, 2008)

5.04.030 Exemption.

The provisions of this chapter shall not apply to the following, except as otherwise provided in this section:

A. Nonprofit organizations as recognized by the Corporations Division of the Washington State Secretary of State.

B. Any municipal corporation or political subdivision of the United States of America or the state of Washington.

C. Fraternal benefit societies as defined by RCW 48.36.010; fraternal mutual property insurers as defined by RCW 48.36.410; nonprofit corporations organized under the provision of RCW 24.03.010 et seq.

D. Any person, firm or corporation that is exempt from local taxation under the laws of the United States or the state of Washington. The city of Zillah may require written verification of exempt tax status.

E. Any religious organization or church or other religious assemblage. The city of Zillah may require written verification of exempt tax status (including IRS nonprofit registration and/or state nonprofit certification).

F. Any charitable or fund-raising organization for which the fund-raising has a charitable or nonprofit purpose. The city of Zillah may require written verification of federal and/or state nonprofit status.

G. Any suppliers that do not have a place of business in the city and engage solely in wholesale activities and delivery to locally licensed retailers.

H. Vendors in a community event for which a special event license has been issued to the event sponsor.

I. Any person or entity or organization that does not maintain a place of business in the city and engages solely in the sale of goods by mail delivery through catalog, Internet sales, or similar publications. (Ord. 1168 § 3, 2008)

5.04.040 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 Zillah “Location Code Number 3914” 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 100 percent in addition to all other penalties, fines and remedies provided in this chapter. (Ord. 1168 § 4, 2008)

5.04.050 Business license fee and procedure.

A. Every person engaged in business within the city of Zillah, Washington, shall pay a new business license fee in accordance with the city of Zillah rates ordinance in effect at the time of a complete application. Business licenses shall be issued annually.

B. Application for a business license shall be made by filing an application through the city giving such information as is deemed reasonably necessary to enable the enforcement of this chapter. Said application shall be accompanied by payment of the business license.

C. Renewals shall be administered by the city. Every person required by this chapter to renew their business license shall pay a renewal fee in accordance with the city rates ordinance in effect at the time of application.

D. Every person required by this chapter shall obtain a business license prior to engaging in business in the city. Any person who conducts a business, either directly or indirectly, within the city, unless otherwise exempt, shall apply for a business license 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 business license:

1. The name of the applicant, the applicant’s address and telephone number, along with a statement of all persons having an interest in the business, either as proprietors or owners of such business, including their addresses and telephone numbers.

2. The name of the business as associated with the business’ Unified Business Identifier number issued by the state of Washington and a complete list of all trade names by which the business conducts business.

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 and an estimated number of employees at the physical location.

5. The state of Washington Unified Business Identifier number for the business.

6. The mailing address and telephone number of the business, if different from the business location.

7. The names, addresses and telephone numbers of persons to contact in the case of an emergency.

E. Unless otherwise exempted in this chapter, the business license fee applies to any business located outside the city that engages in some business activity inside the city limits of Zillah.

F. If any person is engaged in operating or conducting business at more than one location in the city, then such person shall apply for a license for each location and pay the business license fee for each of the locations.

G. The city clerk/treasurer will verify proper zoning before issuing the business license. A business which does not meet the proper zoning requirements will not be issued a business license until the business complies with the proper zoning requirements.

H. The business license will be issued upon approval of the completed business license application, payment of fees required and approval from the city clerk/treasurer.

I. Whenever there is a change in ownership of a business, the business license previously issued to the withdrawing owner or owners must be surrendered to the city clerk/treasurer. The new owner or owners shall file a new application with the city and pay all required fees to obtain a new business license prior to conducting business, and comply with all provisions of this chapter.

J. 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 after notification to the business, 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, plumbing codes, fire codes, electrical codes, mechanical codes and/or health and safety codes.

K. The city clerk/treasurer is authorized, but not required, to mail to persons engaging in business, forms for applications for licenses; the failure of the person engaged in business to receive any such forms shall not excuse such person from making application for and securing a license required and payment of all fees as due hereunder. (Ord. 1168 § 5, 2008)

5.04.060 Posting license.

It shall be the duty of any person conducting a licensed business in the city to keep their license posted in a prominent place on the premises used for such business at all times, except that peddlers, hawkers and transients shall carry their license on their persons at all times when conducting their business and shall display it upon request. (Ord. 1168 § 6, 2008)

5.04.070 License term or expiration.

The term for a city business license is 12 months. Penalties will accrue the day after the last day of the applicable renewal month. (Ord. 1168 § 7, 2008)

5.04.080 Business license penalty.

The city of Zillah business license is subject to late renewal penalties as per the most recently adopted city rates ordinance. Failure to pay the renewal fee within three months shall be grounds for suspension of the application. If a business operates within the city without a business license it will be subject to the penalty fees and suspension and revocation subscribed in this chapter. (Ord. 1168 § 8, 2008)

5.04.090 Special event license.

Community events in city parks, streets or property, nonprofit community organizations within the city, such as the Chamber of Commerce, Rotary Club, Lions Club, Associated Club, and other similar nonprofit community organizations, may obtain directly from the city a special event license. Business or fund-raising activities which are conducted at a community event sponsored by a nonprofit community organization shall not be required to obtain a business license, provided the organization has applied for and received a special event license. Businesses not registered with the sponsoring organization shall be required to obtain a business license. For purposes of this section, a community event shall include the following: Community Days, Spring Fling, Not-Just-A-Farmers Market, or any event sponsored by a nonprofit community organization. Such special event license shall be valid only for community events. (Ord. 1168 § 9, 2008)

5.04.100 Requirements of persons engaged in businesses.

A. Every person engaged in business within the city of Zillah, Washington, shall be required to conduct such business at a location consistent with zoning and land use regulations of the city of Zillah. It shall be unlawful for any person to commence or conduct a business at any site or location for which persons are prohibited from engaging in business pursuant to the land use regulations for residential zones and be subject to ZMC 5.04.140, Suspension or revocation; provided, that this section shall not apply to a bona fide home occupation business. A home occupation business shall be permitted and be required to obtain a business license upon proper application and payment of fees as provided in this chapter.

B. Every person or entity engaging in business within the city of Zillah, Washington, who conducts business in a building or structure shall conduct such business in a building or structure which is in compliance with applicable building codes, plumbing codes, fire codes, electrical codes, mechanical codes and/or health and safety codes, or is otherwise lawfully established. (Ord. 1168 § 10, 2008)

5.04.110 Inspections.

Designated city officials shall have authority to inspect and examine all places of business and business operations in accordance with applicable law to assure compliance with licensing requirements. Such inspection shall be at a reasonable time after notification to the business and as otherwise required by law. In addition, all places of business are subject to inspection in accordance with applicable building codes, plumbing codes, fire codes, electrical codes, mechanical codes and/or health and safety codes. (Ord. 1168 § 11, 2008)

5.04.120 Penalties.

A. It shall be unlawful for any person, organization, or entity to conduct a business without first obtaining the required licenses and paying applicable license fees (including renewal fees). It is a further violation for any person, organization, or entity to make any false or fraudulent application or any false statement or representation, in or in connection with any application, or to aid or abet another in any attempt to evade payment of the license fee, or any part thereof.

B. Nothing contained in this chapter shall be construed as vesting any right in any license except as covered by the applicable license for the identified term of the license. Additional fees, charges and/or assessments may be established by the city from time to time and shall be applicable as established by ordinance.

C. The conviction 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 prevent prosecution in the municipal court of the city of Zillah of any complaint for the violation of any of the provisions of this chapter.

D. Any person violating any of the provisions of this chapter shall, upon the conviction thereof, be punished by a fine not to exceed $500.00. Each day any person shall conduct any business within the city for which a business license is required without having paid the license fee shall constitute a separate offense. (Ord. 1168 § 12, 2008)

5.04.130 Additional penalties – Building and development permits.

A. No person, organization, or entity shall commence work on any development or construction project within the city of Zillah without first obtaining the required building and/or development permit and a city of Zillah business license. A building or development permit may be acquired by the property owner or his agents or assignees which defines the scope of work to be performed and such persons, organizations or entities performing work shall be required to have a city of Zillah business license.

B. The penalty provided in this section shall be in addition to the penalty provided for in ZMC 5.04.120.

C. The building official is authorized to shut down the job site until a business license and required building/development permit have been obtained. The second violation of this section shall result in the revocation of the business license and right of the individual, organization or entity to do business in the city of Zillah for a period of one year. (Ord. 1168 § 13, 2008)

5.04.140 Suspension or revocation.

Any license may be suspended or revoked at any time during the term of such license for any violation of the provisions of the Zillah Municipal Code related to the business, operations or activities, including but not limited to license conditions, building or structure, or other matters of public health, safety or welfare. Such suspension or revocation may be in addition to any fine imposed. Reasons for suspension or revocation include, but are not limited to, any one or more of the following reasons, when determined to exist after investigation by city staff:

A. Failure to comply with any of the terms and conditions in which a license is issued;

B. The licensee or any of its employees, officers or agents, while acting within the scope of their employment, violates or fails to comply with any provision of the Zillah Municipal Code, including but not limited to the commission or acquiescence or permitting of any unlawful activity on the business premises. Conviction or plea of guilty in the Zillah municipal court or any court of record shall be deemed conclusive as to whether such a violation or failure to comply has occurred;

C. When reasonably necessary for the protection of the public health, safety, peace or welfare, including, but not limited to, conduct of a business in a facility without required public utilities such as water, sewer or refuse collection service;

D. When a business becomes an instrument of or a cover for public disorder, crime, or other danger to public safety, health or welfare;

E. The licensee has caused or permitted a public nuisance to exist on the premises;

F. The place of business does not conform to the applicable zoning requirements, building codes, plumbing codes, fire codes, electrical codes, mechanical codes and health and safety codes;

G. The license is being used for a purpose different from that for which it was issued and the change of the nature of the business has not been updated with the city of Zillah or master license service;

H. Illegal issuance of the license;

I. When issued through mistake or inadvertence;

J. Business license fee and late penalties have not been paid for by said business, which would be considered the first offense. (Ord. 1168 § 14, 2008)

5.04.150 Suspension/revocation.

If a determination is made by the city clerk/treasurer that the licensee has violated any of the provisions of this chapter or any of the provisions of the Zillah Municipal Code, such licensee shall be subject to a suspension not to exceed five days for the second offense, 30 days for the third offense and revocation for the fourth offense. (Ord. 1168 § 15, 2008)

5.04.160 Reasons for immediate revocation.

Any business license shall be revoked when, after investigation by city staff, the city clerk/treasurer determines that any one of the following reasons exists:

A. A fourth violation of any reason for suspension stated in this chapter, within five years of the first suspension of the license;

B. When a business becomes an instrument of or a cover for public disorder, crime, or other danger to public safety, morals or health;

C. Anything which causes a threat to safety of persons or property. (Ord. 1168 § 16, 2008)

5.04.170 Notice of suspension or revocation.

The city clerk/treasurer shall mail a written notice of a suspension or revocation to the licensee at the last address provided by the licensee. Such notice shall be by certified mail. (Ord. 1168 § 17, 2008)

5.04.180 Appeal of suspension or revocation.

The licensee may appeal any suspension or revocation in writing to the city council within 10 days of the date of mailing of notice of suspension/revocation. Such appeal must state the grounds upon which the licensee is appealing.

A. Hearing by City Council. The city council shall conduct a hearing on the suspension/revocation within 30 days following the filing of the appeal. The city council shall accept testimony, exhibits and argument on the appeal and shall issue a written decision.

B. Notice of Decision. The city council shall mail written notice of the decision to the licensee at the last address provided by the licensee.

C. City Council Decision – Appeal. The decision of the city council shall be final, and appealable to the appropriate courts. Such appeal must be served on the city and filed with the appropriate court within 10 days of the mailing of the decision to licensee. (Ord. 1168 § 18, 2008)

5.04.190 Clean-up requirements.

Each business shall keep the exterior premises and public sidewalks in a neat and clean condition free of litter, debris, snow, ice and similar conditions. (Ord. 1168 § 19, 2008)

5.04.200 Denial of license.

A license may be denied to a business for any of the following reasons:

A. The applicant is a minor and does not have the written consent of a parent or guardian;

B. The applicant has had a similar license revoked or suspended;

C. Failure to comply with any federal, state or local laws and regulations;

D. Conduct of the business activity in a manner which endangers the public health, welfare or safety;

E. Fraud, false representation or suppression of material fact. (Ord. 1168 § 20, 2008)