Chapter 5.01
GENERAL PROVISIONS
Sections:
5.01.015 Definition of “engaging in business.”
5.01.030 License application, review and denial process.
5.01.040 License types and fees required.
5.01.060 Exemptions to license requirement.
5.01.140 Violation is misdemeanor.
5.01.010 Authority.
The provisions of this title shall be deemed an exercise of the authority and power of the city of Centralia to license, for the purposes of regulation and revenue, all and every kind of business authorized by law and transacted and carried on within the corporate limits of the city of Centralia or as defined in this title. (Ord. 2406 § 1 (part), 2018).
5.01.015 Definition of “engaging in business.”
A. 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.
B. This section sets forth examples of activities that constitute engaging in business in the city, and establishes safe harbors for certain types 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) of this section. If any 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.
C. 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:
1. Owning, renting, leasing, using or maintaining an office, place of business or other establishment in the city.
2. Soliciting sales.
3. Making repairs or providing maintenance or service to real or tangible personal property, including warranty work and property maintenance.
4. Providing technical assistance or service including quality control, product inspections, warranty work or similar service on or in connection with tangible personal property sold by the person or on its behalf.
5. Installing, constructing or supervising installation or construction of real or tangible personal property.
6. Soliciting, negotiating or approving franchise, license or other similar agreements.
7. Collecting current or delinquent accounts.
8. Picking up and transporting tangible personal property, solid waste, construction debris or excavated materials.
9. 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.
10. 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, veterinarians.
11. Meeting with customers or potential customers, even when no sales or orders are solicited at the meeting.
12. Training or recruiting agents, representatives, independent contractors, brokers or others, domiciled or operating on the job in the city, acting on its behalf or for customers or potential customers.
13. Investigating, resolving or otherwise assisting in resolving customer complaints.
14. In-store or manipulating products or goods, sold to and owned by a customer, regardless of where sale and delivery of the goods took place.
15. Delivering goods in vehicles owned, rented, leased, used or maintained by the person or another acting on its behalf.
D. 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:
1. Meeting with suppliers of goods and services as a customer.
2. Meeting with government representatives in their official capacity, other than those performing contracting or purchasing functions.
3. 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 directors member or attendee engaging in business such as a member of a board of directors who attends a board meeting.
4. Renting tangible or intangible property as a customer when the property is not used in the city.
5. Attending but not participating in a “trade show” or “multiple vendor events.” Persons participating at a trade show shall review the city’s trade show or multiple vendor event ordinances.
6. Conducting advertising through the mail.
7. Soliciting sales by phone from a location outside the city.
E. 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 (D) of this section.
The city expressly intends that engaging in business include any activity sufficient to establish nexus for purposes of applying the license fee under the law and 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. 2412 § 1 (part), 2018).
5.01.020 License required.
A. Within the city, it is unlawful for any person, company, association, corporation or copartnership, excepting as an employee, to engage in any kind of business, trade or profession authorized by law, without first obtaining a license as provided for by this chapter.
B. The person to whom such license is issued shall, at all times, prominently display the license in a conspicuous place at the location of such business. (Ord. 2406 § 1 (part), 2018).
5.01.030 License application, review and denial process.
A. Application for all licenses, with the exception of a solicitor’s license and licenses under Chapter 5.44 CMC, Adult Entertainment Businesses, are made to the Washington State Business Licensing Service (BLS). The license expires on the date established by the Washington State BLS, and must be renewed on or before that date each year. The term and license fee due may be prorated in order to synchronize the expiration of the license with the established expiration date of the business as maintained by the Washington State BLS. The application must be accompanied by the license fee prescribed by this chapter, the total fees due for all other licenses requested on the application, and the handling fee required by RCW 19.02.075.
B. Prior to issuance of all new licenses authorized by this chapter, the applications shall be submitted for review. The initial application review will be completed within fifteen working days from the day the city clerk receives the applicant’s information from the Washington State BLS. At that time the license will either be approved, denied or the applicant will be notified if further information is needed or additional requirements need to be met.
C. Applications may be denied upon findings that granting said application would be detrimental to the public peace, health or welfare, or the proposed business and location would be in violation of building, zoning, fire or pretreatment codes. Whenever any such license is denied the applicant may within fifteen days from date of action file written notice of appeal to the city council. Action of the city council shall be conclusive and not subject to review. (Ord. 2406 § 1 (part), 2018).
5.01.040 License types and fees required.
A. Standard Business License. “Standard business” means all activities, occupations, trades, pursuits, professions and matters located or engaged within the city limits of Centralia, or anywhere else within the city’s jurisdiction, with the object of gain, benefit, advantage or profit to the business enterprise or to another person, directly or indirectly. The standard business license fee shall be fixed in the amount of fifty dollars for the initial business license application and each renewal thereafter shall be fifty dollars per year, payable in advance to the Washington State BLS for each business license required hereunder.
1. A business that operates from more than one location in the city shall be required to get a separate standard license for each location.
2. If more than one separate business is conducted on a single premises within the city, a separate standard license shall be required for each business.
B. Solicitor’s License. “Solicitor” means any person who engages in merchandising any goods, wares, commodities, books, periodicals or services by going from house to house, place to place or street to street. A solicitor business shall pay a license fee of twenty-five dollars per ninety-day period and for each subsequent ninety-day period shall be required to pay an additional twenty-five dollars prior to the expiration of said license. Solicitor businesses shall apply for a license directly with the Centralia city clerk.
C. Performances, Carnivals and Circuses. All street carnivals, shows or circuses, or shows or performances ordinarily classified as such, whether shown upon public streets or property or upon other property within the city, shall pay a license fee of twenty-five dollars per day and apply for a license directly with the Centralia city clerk. (Ord. 2406 § 1 (part), 2018).
5.01.050 Location change.
If an existing licensee desires to change the location of the business, trade or profession from the location designated on the business license, application must be made to the Washington State BLS prior to the change in location and it shall be submitted for review. (Ord. 2406 § 1 (part), 2018).
5.01.060 Exemptions to license requirement.
A. The following shall be exempt from registering and paying the licensing fees set forth in this chapter:
1. All federal, state, county, city or other public governmental activities, whether same are conducted in a governmental or proprietary capacity;
2. All bona fide religious organizations;
3. All garage sales so long as no more than two sales are conducted each year for a total of not more than eight days in such year;
4. All business conducted by individuals under eighteen years of age;
5. Persons, sales or services arising out of the farmer’s market located within the city limits of Centralia or any other community event determined by the city manager to be exempt from the requirements of this chapter;
6. 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. The exemption does not apply to regulatory license requirements or activities that require a specialized permit.
B. The city manager or their designee shall have the authority to grant exceptions on a case-by-case basis to the requirements for obtaining a city of Centralia business license. (Ord. 2412 § 1 (part), 2018: Ord. 2406 § 1 (part), 2018).
5.01.100 License—Revocation.
A. Any license issued under the provisions of this chapter may be revoked by the city clerk and/or police chief and/or building official and/or pretreatment coordinator for any reason if the further operation thereof would be detrimental to public peace, health or welfare, or violate any federal or state law or any ordinance or regulation of the city. The city clerk shall notify such parties of the intention to revoke such license.
B. Where deemed necessary to prevent further detriment to public peace, health or welfare, or violation of any federal or state law or any city ordinance or regulation, the police chief, fire chief, building official or pretreatment coordinator may immediately revoke any license issued under the provisions of this chapter.
C. Whenever any such license is revoked, the licensee may, within fifteen days from the date of action, file written notice of appeal to the city council. Action of the city council shall be conclusive and not subject to review. (Ord. 2406 § 1 (part), 2018).
5.01.140 Violation is misdemeanor.
Any person, firm or corporation failing, neglecting or refusing to comply timely with this title is guilty of a misdemeanor. Each day of continued violation constitutes a separate violation of this chapter. (Ord. 2406 § 1 (part), 2018).
5.01.150 Civil remedy.
In addition to the above and foregoing and not in any way a limitation thereof, the city may institute civil court action to compel compliance with the terms of this title. (Ord. 2406 § 1 (part), 2018).