Chapter 5.04


5.04.010    Exercise of revenue license power.

5.04.020    Definitions.

5.04.030    Business license required.

5.04.040    Term of license.

5.04.050    Application procedure.

5.04.060    Fee schedule.

5.04.070    Exempt businesses.

5.04.080    License fee additional to others.

5.04.090    Tax constitutes debt.

5.04.100    Penalties.

5.04.110    Revocation.

5.04.120    Duties of the city clerk.

5.04.130    Effect of partial invalidity.

5.04.010 Exercise of revenue license power.

The provisions of this chapter shall be deemed as exercise of the power of the city of Ilwaco to license for revenue and regulation. (Ord. 692 § 1, 2004)

5.04.020 Definitions.

The following words and phrases used in this chapter shall be construed as follows:

“Business” means all activities, occupations, trades, pursuits, professions and matter located within the city’s jurisdiction, operated with the object of gain, profit, or nonprofit to the business or person, directly or indirectly.

“Engaging in business” shall have the definition as set forth in Section 3.18.040.

“Person” means any individual, firm, partnership, joint venture, company, association, or any group of individuals acting as a unit, whether cooperative, fraternal, nonprofit or otherwise. (Ord. 882 § 1, 2018; Ord. 692 § 2, 2004).

5.04.030 Business license required.

It is unlawful for any person to engage in any business in the city without having first been approved for a business license from the city. If more than one separate business is conducted on single premises, a separate license shall be required for each such business. If a business actively operates from more than one location in the city, a separate license shall be required for each location. (Ord. 882 § 2, 2018; Ord. 692 § 3, 2004)

5.04.040 Term of license.

The business license referred to in this chapter shall expire at the end of the calendar year in which it is issued. A new license shall be required for each calendar year. A new applicant shall pay the license fee applicable to his or her classification. (Ord. 692 § 4, 2004)

5.04.050 Application procedure.

Any business wishing to engage in business activities in the city of Ilwaco must apply for their business license and pay fees, if required, through Washington State Business Licensing Services (BLS). Business licenses shall be approved at the discretion of the city clerk, except business relating to variance, liquor, firearms and pawnshops. These will need authorization from the council of the city of Ilwaco. The license shall be personal and nontransferable. Each license shall at all times be conspicuously posted in the place of business for which it is issued. Where a location address of a business is changed, the business shall notify both the city clerk and BLS and comply with their requirements. (Ord. 882 § 3, 2018; Ord. 692 § 5, 2004)

5.04.060 Fee schedule.

A. The annual fee for each business per fiscal year shall be set forth by resolution of the city council.

B. Any person or business whose annual value of products, gross proceeds of sales, or gross income of the business in the city of Ilwaco is equal to or less than two thousand dollars ($2,000.00) and who does not maintain a place of business within the city of Ilwaco shall still be required to obtain a business license as established herein, but shall not be subject to a license fee. However, if it at any time during the year the value of products, gross proceeds of sales, or gross income in the city of Ilwaco of a person or business that is engaged in business under such “fee-free” license exceeds two thousand dollars ($2,000.00), that person shall submit the fee required by the applicable resolution.

Vendors’ displays and mobile units are not allowed on public property or streets. (Ord. 882 § 3, 2018; Ord. 786 § 1, 2011; Ord. 692 § 6, 2004)

5.04.070 Exempt businesses.

The following business shall be exempted from the licensing provisions of this chapter:

A.    Nonprofit activities carried on by religious, charitable, benevolent, fraternal or social organizations;

B.    Public utility companies (see Ordinance No. 591—six percent tax);

C.    Government of the United States, state of Washington, Pacific County, city of Ilwaco, and city of Long Beach;

D.    Garage sales conducted on residential premises in compliance with city zoning code; and

E.    Any business which is owned and operated by a student under the age of eighteen (18). (Ord. 692 § 7, 2004)

5.04.080 License fee additional to others.

The license fee and tax levied in this chapter shall be additional to any license fee or tax imposed or levied under any law or any other ordinance of the city of Ilwaco, except as otherwise expressly provided in this chapter. (Ord. 692 § 8, 2004)

5.04.090 Tax constitutes debt.

Any license fees or taxes due and unpaid under this chapter, and all penalties thereon, shall constitute a debt to the city of Ilwaco and may be collected by court proceeding in the same manner as any other debt in like amount, which remedy shall be in addition to all other existing remedies. (Ord. 692 § 9, 2004)

5.04.100 Penalties.

Any person who engages in any business subject to a license hereunder, without having a current “business license,” shall be guilty of an infraction for each day in which the business is engaged. Any person engaged in business who fails or refuses to pay the license fee shall be in violation of this chapter. Each violation will be punished by a fine not to exceed two hundred fifty dollars ($250.00) per violation nor to exceed a fine of two hundred fifty dollars ($250.00) per day that violations occur. All proceedings for the civil violation will be in accordance with Section 1.20.020 of this code. (Ord. 718 (part), 2006: Ord. 692 § 10, 2004)

5.04.110 Revocation.

All business licenses are subject to revocation at any time by the city council upon determination that the licensee is not in compliance with any statute or ordinance. Conducting of business after notice of revocation of the license is given is unlawful.

Upon revocation, the licensee shall have a right of appeal to the council. The licensee shall, within ten (10) days of the notice of revocation, give notice to the city clerk, in writing, of his or her intent to appeal the revocation to the council. The clerk shall place the licensee’s appeal on the agenda of the next regularly scheduled council meeting occurring more than five days after receipt of the notice of appeal, and inform the licensee in writing of the date, time and location of the meeting.

The council shall hold a public hearing at which the licensee may present testimony as to his or her compliance with the statutes or ordinance with which he or she allegedly has failed to comply. Failure of the licensee to attend and present testimony will be deemed a default, which will result in an immediate revocation by operation of law.

After close of the public hearing, the council shall make findings of fact, which shall be incorporated in its minutes as to the basis of its decision. The council may sustain the revocation of the license, reinstate the license with conditions, reinstate the license after a certain time, or immediately reinstate the license.

Any written notice required by this section to be given to any licensee and applicant shall be sent by ordinary mail to the address of the licensee or applicant as shown on the permit application. (Ord. 718 (part), 2006: Ord. 692 § 11, 2004)

5.04.120 Duties of the city clerk.

The city clerk shall keep full and accurate records of all business licenses issued.

It shall be the duty of the city clerk to require all parties engaging in any business activity to procure such license, and should there be any license fee not paid by any person or business, it shall be the duty of the city clerk to enforce collection thereof in the manner provided in this chapter. (Ord. 882 § 4, 2018; Ord. 692 § 12, 2004)

5.04.130 Effect of partial invalidity.

If any provision, section or classification of this chapter shall be held void or unconstitutional, all other parts, provisions and sections of this chapter not expressly held to be void and unconstitutional shall continue in full force and effect. (Ord. 692 § 13, 2004)