Chapter 5.03
BUSINESS REGISTRATION AND LICENSING
Sections:
5.03.020 Engaging in business definitions.
5.03.030 Business license required.
5.03.070 License not construed to permit prohibited uses or activities—Approval criteria.
5.03.080 Revocation or suspension.
5.03.090 Transfer or sale of business.
5.03.100 Penalty for violation.
5.03.010 Purpose and policy.
The city council finds that in order for the city of Battle Ground to responsibly carry out the duties and authorities delegated to it by the Washington State Constitution and the laws of the state of Washington as a noncharter code city, maintenance of current information with respect to business, trade, service, commercial and professional activities carried on within the city is necessary and essential for the maintenance of the public health, safety and welfare; that such information can best be accumulated and maintained on a current basis through establishment of a license fee supported program for the licensing and registration of such activities. (Ord. 18-22 § 1 (part), 2018: Ord. 99-029 § 2 (part), 1999)
5.03.020 Engaging in business definitions.
A. Engaging in Business.
1. The term “engaging in business” means commencing, conducting, or continuing 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.
2. This section sets forth examples of activities that constitute engaging in business in the city, and establishes safe harbors for certain of those activities so that a person who meets the criteria may engage in de minimis business activities in the city without having to pay a business license fee. The activities listed in this section are illustrative only and are not intended to narrow the definition of “engaging in business” in subsection (A)(1) of this section. If an activity is not listed, whether it constitutes engaging in business in the city shall be determined by considering all the facts and circumstances and applicable law.
Without being all inclusive, any one of the following activities conducted within the city by a person, or its employee, agent, representative, independent contractor, broker or another acting on its behalf, constitutes engaging in business and requires a person to register and obtain a business license:
a. Owning, renting, leasing, maintaining, or having the right to use, or using, tangible personal property, intangible personal property, or real property permanently or temporarily located in the city.
b. Owning, renting, leasing, using, or maintaining an office, place of business, or other establishment in the city.
c. Soliciting sales.
d. Making repairs or providing maintenance or service to real or tangible personal property, including warranty work and property maintenance.
e. Providing technical assistance or service, including quality control, product inspections, warranty work, or similar services, on or in connection with tangible personal property sold by the person or on its behalf.
f. Installing, constructing, or supervising installation or construction of real or tangible personal property.
g. Soliciting, negotiating, or approving franchise, license, or other similar agreements.
h. Collecting current or delinquent accounts.
i. Picking up and transporting tangible personal property, solid waste, construction debris, or excavated materials.
j. Providing disinfecting and pest control services, employment and labor pool services, home nursing care, janitorial services, appraising, landscape architectural services, security system services, surveying, and real estate services including the listing of homes and managing real property.
k. Rendering professional services such as those provided by accountants, architects, attorneys, auctioneers, consultants, engineers, professional athletes, barbers, baseball clubs and other sports organizations, chemists, consultants, psychologists, court reporters, dentists, doctors, detectives, laboratory operators, teachers, or veterinarians.
l. Meeting with customers or potential customers, even when no sales or orders are solicited at the meetings.
m. Training or recruiting agents, representatives, independent contractors, brokers or others domiciled or operating on a job in the city, acting on its behalf, or for customers or potential customers.
n. Investigating, resolving, or otherwise assisting in resolving customer complaints.
o. In-store stocking or manipulating products or goods, sold to and owned by a customer, regardless of where sale and delivery of the goods took place.
p. Delivering goods in vehicles owned, rented, leased, used, or maintained by the person or another acting on its behalf.
3. If a person, or its employee, agent, representative, independent contractor, broker or another acting on the person’s behalf engages in no other activities in or with the city but the following, it need not register and obtain a business license:
a. Meeting with suppliers of goods and services as a customer.
b. Meeting with government representatives in their official capacity, other than those performing contracting or purchasing functions.
c. Attending meetings, such as board meetings, retreats, seminars, and conferences, or other meetings wherein the person does not provide training in connection with tangible personal property sold by the person or on its behalf. This provision does not apply to any board of director member or attendee engaging in business such as a member of a board of directors who attends a board meeting.
d. Renting tangible or intangible property as a customer when the property is not used in the city.
e. Attending, but not participating in a “trade show” or “multiple vendor events.”
f. Temporary craft booths and food booths lasting ten days or less in any one location.
g. Conducting advertising through the mail.
h. Soliciting sales by phone from a location outside the city.
4. A seller located outside the city merely delivering goods into the city by means of common carrier is not required to register and obtain a business license; provided, that it engages in no other business activities in the city. Such activities do not include those in subsection (A)(3) of this section.
The city expressly intends that engaging in business includes any activity sufficient to establish nexus for purposes of applying the license fee under the law and the Constitutions of the United States and the state of Washington. Nexus is presumed to continue as long as the taxpayer benefits from the activity that constituted the original nexus-generating contact or subsequent contacts. (Ord. 18-22 § 1 (part), 2018: Ord. 99-029 § 2 (part), 1999)
5.03.030 Business license required.
A. Businesses Located in the City Limits. It is unlawful for any person to engage in any business in the city of Battle Ground that is conducted, operated, engaged in or practiced in whole or in part within the city without first having registered with and obtained a city business license from the state of Washington. If more than one business is conducted on a single premises, a separate registration and license shall be required for each separate business conducted, operated, engaged in or practiced. If a business is conducted from more than one premises in the city, a separate registration and license shall be required for each premises within the city.
B. Businesses Located outside the City Limits. It is unlawful for any person to engage in any business in the city of Battle Ground that is conducted, operated, engaged in or practiced in whole or in part within the city without first having registered with and obtained a city business license through the state of Washington. (Ord. 18-22 § 1 (part), 2018: Ord. 99-029 § 2 (part), 1999)
5.03.040 Partial exemptions.
To the extent set forth in this section, the following persons and/or businesses shall be partially exempt from either the registration, license and/or license fee requirements of this chapter:
A. Tax Exempt Organizations. Any organization holding a current IRS 501(c)(3) exemption certificate issued by the Internal Revenue Service shall, upon filing a copy with the city, be exempt from the license and license fee requirements of this chapter; provided, however, that such organization shall file the required application form with the city, but for information purposes only.
B. Municipal Corporations. Municipal corporations and other governmental agencies shall be exempt from the license and license fee requirements of this chapter.
C. Religious Organizations. The nonbusiness activities of religious organizations are exempt from the provisions of this chapter. Such organizations may nevertheless file with the city for information purposes only the application form provided for by this chapter. Any religious organization which carries on any business activity for which it may be required by the laws of the United States to file a federal income tax return shall, to that extent only, be subject to the registration, license and license fee requirements of this chapter.
D. Businesses Located outside the City. For the purpose of license by this chapter, any person or business whose annual value of products, gross proceeds of sales, or gross income of the business in the city is equal to or less than two thousand dollars and who does not maintain a place of business within the city shall submit a city business license registration but is exempt from the business license fee. This exemption does not apply to regulatory license requirements or activities that require a specialized permit. (Ord. 18-22 § 1 (part), 2018: Ord. 05-013 § 1, 2005: Ord. 99-029 § 2 (part), 1999)
5.03.050 Procedure.
A. Application for business license shall be made through the Washington State Department of Revenue. The application shall state the nature and address or addresses of the business or proposed business or businesses, the name and address of the owner or applicant, an emergency notification name and address, the type of business and number of employees, together with such other information as requested by the director of community development. Applications for business licenses shall be processed as Type I actions pursuant to Chapter 17.200 BGMC.
B. If the applicant is a partnership, the application must be made by one of the partners; if a corporation, by one of the officers thereof; if a foreign corporation, partnership or nonresident individual, by the resident agent or local manager of the corporation, partnership or individual.
C. The director of community development, upon receipt of complete application from the Department of Revenue, including required fees, shall cause an investigation and review of the application to be made by the proper city officials, and shall issue or refuse to issue the license within thirty days of the date of filing the application.
D. If an application is refused, the reason for refusal shall be set forth in writing to the applicant. The applicant may appeal such refusal to the community development director by filing a notice of appeal within fourteen days of written notification by the director of the notice of refusal. Upon receipt of a notice of appeal, the city shall provide for a hearing thereon as is provided in Chapter 17.200 BGMC for hearing on revocation or suspension of license. (Ord. 18-22 § 1 (part), 2018: Ord. 05-013 § 2, 2005: Ord. 99-029 § 2 (part), 1999)
5.03.060 Fee—Terms.
A. Business licenses required to be obtained pursuant to this chapter shall be issued or renewed for a twelve-month period commencing as of the date of application filing and shall expire on the last date of the twelfth month thereafter.
B. Fees for the annual license issued hereunder shall be established by resolution.
C. Initial Filing Fee. In addition to the annual license fee, a one-time initial filing may be charged at a rate established by resolution, to be paid with each new application form.
D. All businesses required to obtain licenses or license renewals shall obtain the same prior to engaging in or conducting business within the license term, and shall pay all fees within thirty days following the commencement of the license term. Any business which fails to obtain and pay the license fees within such period of time shall, in addition to any other penalties provided for in this chapter, be assessed an amount equal to fifty percent of the license fee for such business as a penalty for such late application and/or payment.
E. The business name and address of each licensed business is, for the purposes of Chapter 42.17 RCW, a public record, subject to request for public record disclosure. (Ord. 18-22 § 1 (part), 2018: Ord. 99-029 § 2 (part), 1999)
5.03.070 License not construed to permit prohibited uses or activities—Approval criteria.
A. A license under this chapter shall not be issued to any person who uses or occupies or proposes to use or occupy any real property or otherwise conducts or proposes to conduct any business in violation of the provisions of any ordinance of the city of Battle Ground or of the statutes of the state of Washington.
B. The granting of a business license shall in no way be construed as permission or acquiescence in a prohibited activity or other violation of the law. (Ord. 18-22 § 1 (part), 2018: Ord. 05-013 § 3, 2005: Ord. 99-029 § 2 (part), 1999)
5.03.080 Revocation or suspension.
The community development director may, at any time, suspend or revoke any license issued under this chapter whenever the licensee is in default in any payment of any license fee or tax hereunder, or who has failed to comply with any of the provisions of this chapter; provided, the holder shall have the ability to appeal such revocation or suspension as per BGMC 17.200.140. (Ord. 18-22 § 1 (part), 2018: Ord. 05-013 § 4, 2005: Ord. 99-029 § 2 (part), 1999)
5.03.090 Transfer or sale of business.
A. New License Required. Upon the sale or transfer of any business licensed by this chapter, the license issued to the prior owner or transferor shall automatically expire on the date of such sale or transfer and the new owner intending to continue such business in the city of Battle Ground shall apply for a new business license pursuant to the procedures established by this chapter. (Ord. 18-22 § 1 (part), 2018: Ord. 99-029 § 2 (part), 1999)
5.03.100 Penalty for violation.
In addition or as an alternative to any other judicial or administrative remedy available, enforcement of any section of this chapter may be made pursuant to BGMC Title 20. (Ord. 21-27 § 1, 2021; Ord. 18-22 § 1 (part), 2018: Ord. 99-029 § 2 (part), 1999)