Chapter 5.44


5.44.010    Purpose – Construction of provisions.

5.44.020    Definitions.

5.44.110    License – Receipt – Transfer – Posting.

5.44.120    License – For each establishment at one location.

5.44.130    License – Term – Expiration.

5.44.140    License – Denial – Appeal.

5.44.150    License – Suspension – Revocation.

*    For statutory provisions on dances, see Chapter 67.12 RCW; for statutory provisions on for-hire vehicles, see Chapter 46.72 RCW.

5.44.010 Purpose – Construction of provisions.

This chapter is an exercise of the police power of the state and of the city for the protection of the public economic and social welfare, health, peace and morals, and for raising needed revenues. To accomplish the purposes stated in this section, all of the provisions of this chapter shall be liberally construed. (Ord. 105 § 1, 1939).

5.44.020 Definitions.

For the purposes of this chapter, the following words have the meanings ascribed in this section:

A.    “Employee” includes each and every person who is regularly employed and devotes the majority of his working hours during any six-month period in connection with the operation of a business, either as proprietor, manager, employee, or otherwise.

B.    “Person” means natural persons of either sex, firms, copartnerships, whether acting by themselves, by servants, agent or employee. The singular number includes the plural, and the masculine pronoun includes the feminine.

C.    Nothing in this chapter applies to the sale of goods, wares and merchandise by public officers pursuant to legal process. (Ord. 105 § 2, 1939).

5.44.110 License – Receipt – Transfer – Posting.

All licenses provided for in BMC 5.44.010 through 5.44.020 and 5.44.110 through 5.44.150 shall... receipt showing that the proper license fee has been paid, and every such license shall (except as otherwise provided) be posted on the premises described therein, and is not transferable or assignable from one person to another. A change of location by the same person may be authorized by the city clerk, who shall note the new location on the license and on the records of his office. (Ord. 105 § 4, 1939).

5.44.120 License – For each establishment at one location.

Any person carrying on a business of more than one class or kind at the same location shall be required to have only one license issued to him under this chapter. If it appears the rates of more than one section apply, the one carrying the highest rate shall be issued; provided, however, no licensee shall be required to pay for any one license a fee in excess of $50.00 per year for each establishment. Separate licenses shall be required for each location or separate place of business. (Ord. 105 § 10, 1939).

5.44.130 License – Term – Expiration.

Except as specifically otherwise provided for, all licenses issued under the provisions of this chapter shall expire on March 31st and September 30th, and whenever a new license is issued for any portion of a six-month period, the fee therefor shall be prorated according to the number of months or fraction thereof remaining in such six-month period, figured to March 31st or September 30th as the case may be. Licenses shall not be issued for any period of time in excess of six months; the first period beginning April 1st and ending September 30th, and the second period beginning October 1st and ending March 31st. (Ord. 105 § 3, 1939).

5.44.140 License – Denial – Appeal.

The city clerk may refuse a license in the event a license is applied for and the city clerk has good reason to believe that the license is intended for the operation of an unlawful business or enterprise. Upon such refusal, any person so denied a license shall have a right to appeal to the city council, which shall hold a hearing on the application. At such hearing the applicant shall be given an opportunity to be heard. The council may then, at its discretion, order the city clerk to issue the license or sustain the refusal, and the action of the city council thereon shall be final. (Ord. 105 § 6, 1939).

5.44.150 License – Suspension – Revocation.

The city council reserves the right to suspend any license granted under the provisions of this chapter for a period of not to exceed 60 days, or may revoke the same in the event that the licensee has obtained the license under misrepresentation or is found guilty of a felony or intent to defraud, or is convicted of any crime involving moral turpitude. (Ord. 105 § 7, 1939).