Chapter 5.02
BUSINESS LICENSES AND SAFETY COORDINATION
Sections:
5.02.020 Application for business licenses.
5.02.040 New licenses – Assurance of zoning and off-street parking compliance.
5.02.070 Issuance of business license.
5.02.080 Display of business license.
5.02.090 Chapter is supplemental to other provisions of code.
5.02.010 Issuance authority.
All licenses to engage in business in the city required by this code shall be issued by the director of finance. (Ord. 2762 § 1, 2000; Ord. 2730 § 1, 1999).
5.02.020 Application for business licenses.
Applications for licenses to engage in business in the city shall be on forms provided by the department of finance and shall include the following:
(1) Names and addresses of applicants, and principal business owners or officers;
(2) Name of business, business street address, and telephone number;
(3) Mailing address of business;
(4) Nature of business activities. (Ord. 2762, 2000; Ord. 2730 § 1, 1999).
5.02.030 Fees – Delivery of application for new licenses to department of community and economic development – Changed locations – Renewals.
All applications for licenses to engage in business in the city shall be filed in the department of finance of the city, and shall be accompanied by payment of all fees for such business license, the annual fee for fire inspection and issuance of a certificate of occupancy, and any other annual fees required by the fire code. Upon receipt of a completed application and the payment of all such fees, applications for new licenses shall be delivered by the department of finance to the department of community and economic development. Applications for renewal of licenses to engage in business at a different location shall be considered as applications for new business licenses. Renewals of valid existing licenses to engage in business in the city at the same location shall be exempt from the provisions of LMC 5.02.040 and 5.02.050, and shall be issued by the department of finance upon payment of all fees. (Ord. 2774 § 1, 2000; Ord. 2762 § 1, 2000; Ord. 2730 § 1, 1999).
5.02.040 New licenses – Assurance of zoning and off-street parking compliance.
Applications for new licenses to engage in business in the city shall be delivered by the department of finance to the community and economic development department for approval as to the location of such business within the city and for assurance that such business will comply with the off-street parking requirements of Chapter 19.78 LMC. If it is determined by the community and economic development department that such business is or will be located within a use district that permits such business, and if it is also determined that adequate provision is made for off-street parking as required by Chapter 19.78 LMC, or that the proposed business is exempt therefrom, the director of community and economic development, or his or her designee, shall indicate approval by signing on the appropriate line of the application. After such approval, such application shall be delivered to the office of the fire marshal of the city. (Ord. 2774 § 1, 2000; Ord. 2762 § 1, 2000; Ord. 2730 § 1, 1999).
5.02.050 New licenses – Approval of fire and safety requirements – Certificate of occupancy under UBC.
All applications for new licenses to engage in business in the city, after approval by the community and economic development department, shall be delivered to the fire marshal for approval of fire and safety requirements under Chapter 18.08 LMC. Inspection of the proposed business premises shall be performed in accordance with said chapter, and if it is determined by the fire marshal that such business complies with the fire and safety requirements of said Chapter 18.08 LMC, the fire marshal, or his or her designee, shall authorize the issuance of a certificate of occupancy by the building official. (Ord. 2774 § 1, 2000; Ord. 2730 § 1, 1999).
5.02.060 Renewal licenses – Approval of fire and safety requirements – Certificate of occupancy under UBC.
All applications for renewals of licenses to engage in business in the city that were issued during the previous calendar year shall be exempt from the provisions of LMC 5.02.040 and 5.02.050; provided, however, that during the calendar year for which such renewal license is issued, the premises of such businesses shall be inspected by the fire marshal, or his or her designee, or, in the alternative, the licensee shall be requested to complete a self-inspection certificate which, when returned to the fire marshal, may constitute assurance that fire and safety requirements under Chapter 18.08 LMC continue to be met by the licensee. (Ord. 2730 § 1, 1999).
5.02.070 Issuance of business license.
Upon receipt of an application for a license to engage in business in the city which has been approved as provided in LMC 5.02.040 and 5.02.050, the department of finance shall promptly issue such license for the then-ensuing year or remaining portion thereof, and shall mail or deliver the original thereof to the licensee. (Ord. 2762 § 1, 2000; Ord. 2730 § 1, 1999).
5.02.075 Farmers, gardeners, etc., peddling own produce exempt from license requirements – Exception – Valid direct retail endorsement.*
(1) For purposes of this section, the terms shall be defined as follows:
(a) “Temporary food service establishment” means a food service establishment operating at a fixed location for a period of time of not more than 21 consecutive days in conjunction with a single event or celebration.
(b) “Retail-eligible species” means commercially harvested salmon, crab, and sturgeon.
(2) Any farmer, gardener, or other person may sell, deliver, or peddle any fruits, vegetables, berries, eggs, or any farm produce or edibles raised, gathered, produced, or manufactured by such person without acquiring a business license. However, nothing in this section authorizes any person to sell, deliver, or peddle, without a business license, any dairy product, meat, poultry, eel, fish, mollusk, or shellfish.
(3) It is lawful for an individual in possession of a valid direct retail endorsement, as established in RCW 77.65.510, as now enacted or hereafter amended, to sell, deliver, or peddle any legally harvested retail-eligible species, that is caught, harvested, or collected under rule of the department of fish and wildlife by such a person, at a temporary food service establishment and no additional business license shall be required from the holder of the valid direct retail endorsement. However, the city is not prohibited from inspecting an individual displaying a direct retail endorsement to verify that the person is in compliance with state Board of Health and local rules for food service operations.
(4) Nothing herein is intended to exempt the identified individuals from compliance with other applicable codes provided under federal, state, and/or local law. (Ord. 3113 § 1, 2009).
*References: RCW 36.71.090, 77.65.510, 77.08.010 and 69.06.045.
5.02.080 Display of business license.
All business licenses shall be prominently displayed and posted in a conspicuous location at the place of business of the licensee. (Ord. 2730 § 1, 1999).
5.02.090 Chapter is supplemental to other provisions of code.
The provisions of this chapter are intended to supplement, and not replace, any provisions or sections of this code relating to licenses to engage in any business or activity for which a license is required, nor to detract from or change in any way any provisions relating to taxation, regulation, or exemptions. All provisions of this code not expressly amended, modified or repealed shall continue subject to the procedural requirements of this chapter. (Ord. 2730 § 1, 1999).