Chapter 5.04
BUSINESS LICENSES GENERALLY

Sections:

5.04.010    Purpose.

5.04.020    Definitions.

5.04.030    Business license required.

5.04.040    License – Expiration date.

5.04.050    License – Application – Contents – Issuance – Grounds for denial.

5.04.060    Separate licenses required – Posting – Procedure following moving or sale.

5.04.070    Licenses – Nontransferable.

5.04.080    License – Fee provisions.

5.04.090    Persons exempt from payment.

5.04.100    License to be procured when – Delinquency charge.

5.04.110    Collection of licenses authorized by city.

5.04.120    Recordkeeping – Authority of city.

5.04.130    Responsibility of nonresidents.

5.04.140    Revocation of license.

5.04.150    Violations – Penalties.

5.04.160    Disclaimer of city liability.

5.04.010 Purpose.

The provisions of this chapter shall be deemed an exercise of the power of the city to license for revenue and an exercise of the police power of the city. (Ord. 2015-014 § 1 (Exh. A); Ord. 429 § 1, 1981)

5.04.020 Definitions.

In construing the provisions of this chapter, save when otherwise declared or clearly apparent from the context, the following definitions shall be applied:

A. “Business” includes all services and activities engaged in with the object of gain, benefit or advantage to the licensee or to another person or class, directly or indirectly, whether part-time or full-time, except those businesses subject to the city’s utilities tax. For the purposes of this chapter, the owner of any apartment building or buildings containing an aggregate of five or more rental units located on a single or contiguous lots and the owner of any business or commercial building containing or managing any rental units shall be considered to be engaged in a business.

B. “Engage in business” or “engaging in business activities” 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 up to the public as conducting such business.

C. “Person,” used interchangeably in this chapter, means any individual, receiver, assignee, trustee in bankruptcy, trust, estate, firm, copartnership, joint venture, club, company, joint stock company, business trust, corporation, association, society or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit or otherwise.

D. “Premises” means all lands, structures and places, and the location at which the business activity of a particular business occurs, and which location is owned, leased, rented or occupied by the person or persons engaging in the business activity, and/or their agents, managers or employees. “Premises” of a business includes any offices, warehouses, storage rooms or other facilities upon or at which any part of the activity of the business occurs. (Ord. 2015-014 § 1 (Exh. A); Ord. 429 § 2, 1981)

5.04.030 Business license required.

A. It is unlawful for any person to conduct, operate, engage in or practice any business in the city without having first obtained a business license to do business in the city of Sequim.

B. This includes any business or individual operating, located at, or occupying premises within the city practicing any of the following professions, whether solely, in partnership, in association or under professional service corporate form:

1. Accountants;

2. Architects;

3. Attorneys;

4. Audiologists;

5. Chiropractors;

6. Dentists;

7. Doctors;

8. Engineers;

9. Ophthalmologists;

10. Optometrists;

11. Physical therapists;

12. Physicians;

13. Podiatrists;

14. Surveyors;

15. Veterinarians.

C. All other businesses including individually owned and operated part-time, home-owned, or domestic.

D. Mobile home parks, trailer courts and campgrounds.

E. Commercial rentals of premises exceeding 3,000 square feet. All premises rented from the person acting as lessor or landlord shall be deemed within the business activity of renting and the gross floor area of such rentals shall be totaled in determining applicability under this chapter.

F. Rentals of five or more residential dwelling units. All premises rented from the person acting as lessor or landlord shall be deemed within the business activity of renting and the total of all dwelling units of such rentals shall be totaled in determining applicability under this chapter.

G. Businesses located outside the corporate limits of the city and making retail sales and sales and deliveries within the city on a continuing basis.

H. Businesses located outside the corporate limits of the city engaged in the sale of services within the corporate limits of the city on a continuing basis.

Businesses operated at one location comprised of a combination of business activities under one ownership shall be required to procure only one license. (Ord. 2015-014 § 1 (Exh. A); Ord. 2005-029 § 2; Ord. 429 §§ 3 – 6, 1981. Formerly 5.04.030, 5.04.040, 5.04.050, 5.04.060)

5.04.040 License – Expiration date.

Unless otherwise provided by this chapter, all licenses shall expire on the date established by the Master License Service. Business license renewals shall be accomplished each year through the Master License Service. (Ord. 2015-014 § 1 (Exh. A); Ord. 429 § 7, 1981. Formerly 5.04.070)

5.04.050 License – Application – Contents – Issuance – Grounds for denial.

A. Application for license shall be accomplished by filing an application and paying all applicable fees through the Washington State Master Licensing Service (MLS).

B. Businesses shall have an approved city of Sequim business license prior to commencing business in the city.

C. Grounds for Denial. A person may be denied a license to engage in a business by reason of the prior conviction of a felony if the felony for which he or she was convicted directly relates to the business for which the license is sought, and the time elapsed since the conviction is less than 10 years. No license or permit to engage in any such activity or place shall be granted to any who shall not first comply with the general laws of the state. (Ord. 2015-014 § 1 (Exh. A); Ord. 429 § 8, 1981. Formerly 5.04.080)

5.04.060 Separate licenses required – Posting – Procedure following moving or sale.

The license shall be personal and nontransferable. In case business is transacted at two or more separate places by one person within the city, a separate license for each place in which business is transacted with the public shall be required. (Ord. 2015-014 § 1 (Exh. A); Ord. 429 § 9, 1981. Formerly 5.04.090)

5.04.070 Licenses – Nontransferable.

No person to whom a license has been issued pursuant to this chapter shall suffer or allow any other person for whom a separate license is required to operate under or display such license, nor shall any such other person operate under or display such license. (Ord. 2015-014 § 1 (Exh. A); Ord. 429 § 10, 1981. Formerly 5.04.100)

5.04.080 License – Fee provisions.

The license fee and the tax levied in this chapter shall be in addition to any license fee or tax imposed or levied under any law or any other ordinance of the city except as otherwise expressly provided in this chapter. (Ord. 2015-014 § 1 (Exh. A); Ord. 429 § 11, 1981. Formerly 5.04.110)

5.04.090 Persons exempt from payment.

Any person paying a business and occupation tax or license fee under the terms of other city of Sequim ordinances or as listed below shall be exempt from the payment of any license or tax under this chapter.

A. All businesses operated not-for-profit shall be exempt from paying a business license fee upon application and satisfactory proof to the city of said not-for-profit status but may be required to file a nonprofit business license application;

B. Any special events licensed under another ordinance of the city;

C. Any instrumentality of the United States, the state of Washington, or political subdivision thereof;

D. Any farmer or gardener who sells, delivers or peddles any fruit, vegetables, berries, butter, eggs, fish, milk, poultry, meats, or any farm produce or edibles raised, caught, produced or manufactured by such person;

E. Tax-exempt nonprofit organizations recognized by the state of Washington and the United States government;

F. Nonprofit organizations, clubs, or corporations maintained for the purpose of organized sports, charity, public school-related activities, or municipal-related activities, including police or fire department reserve organizations;

G. The peddling or delivery of newspapers;

H. Minors doing business or operating a business concern where no other person is employed by the minor, such as babysitting, lawn mowing, car washing, and similar activities;

I. Casual or isolated sales or services made by persons who are not engaged in the ongoing business of selling the type of property involved. “Casual or isolated” is defined as not more than four such sales made during any tax year. Examples include garage sales, yard sales, rummage sales, bake sales, and occasional parties for the sale or distribution of goods. (Ord. 2015-014 § 1 (Exh. A); Ord. 494 § 1, 1986; Ord. 429 § 12, 1981. Formerly 5.04.120)

5.04.100 License to be procured when – Delinquency charge.

In addition to the required annual license, the MLS program may assess and collect a delinquency charge as established by the Master Licensing Services and the Sequim city council. (Ord. 2015-014 § 1 (Exh. A); Ord. 2005-029 § 2; Ord. 450 § 2, 1983; Ord. 429 § 13, 1981. Formerly 5.04.130)

5.04.110 Collection of licenses authorized by city.

The licenses required under this chapter and all penalties thereon shall constitute a debt to the city, 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, and which remedy shall also include the right of the city to judgment for its costs and reasonable attorney’s fees. (Ord. 2015-014 § 1 (Exh. A); Ord. 429 § 14, 1981. Formerly 5.04.140)

5.04.120 Recordkeeping – Authority of city.

The city clerk, or designee, shall keep full and accurate records pursuant to retention guidelines. (Ord. 2015-014 § 1 (Exh. A); Ord. 429 § 15, 1981. Formerly 5.04.150)

5.04.130 Responsibility of nonresidents.

The agents or other representatives of nonresidents who are doing business in the city shall be personally responsible for the compliance with this chapter of their principals and the businesses they represent. (Ord. 2015-014 § 1 (Exh. A); Ord. 429 § 18, 1981. Formerly 5.04.160)

5.04.140 Revocation of license.

A. Licenses issued under the provisions of this chapter may be revoked by the action of the city after notice and hearing, for any of the following causes:

1. Fraud, misrepresentation or false statement in the application for license;

2. Any violation of this chapter;

3. Conviction of any crime or misdemeanor involving moral turpitude; or

4. Conducting the business in an unlawful manner, or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

B. Notice of the hearing for the revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. The notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for hearing. (Ord. 2015-014 § 1 (Exh. A); Ord. 429 § 20, 1981. Formerly 5.04.170)

5.04.150 Violations – Penalties.

A. Any person violating or failing to comply with any of the provisions of this chapter, upon conviction thereof, shall be guilty of a misdemeanor.

B. Any person who engages in or carries on any business subject to a tax under this chapter without having his business license so to do shall be deemed guilty of a separate violation for each day during which the business is engaged in or carried on; and any person who fails or refuses to pay the license fee or tax or any part thereof on or before the due date shall be deemed to be operating without having his license so to do. (Ord. 2015-014 § 1 (Exh. A); Ord. 429 § 17, 1981. Formerly 5.04.180)

5.04.160 Disclaimer of city liability.

Issuance of any license pursuant to this chapter does not constitute the creation of a duty by the city of Sequim to indemnify a licensee or create any city duty to third parties for any wrongful acts against the public by any licensee or by their agents, officers or employees, or to guarantee the quality of goods, services, or expertise of a licensee, or to otherwise shift responsibility from the licensee to the city of Sequim for proper training, conduct or equipment of self or agents, even if specific regulations require standards of training, conduct or inspection. (Ord. 2015-014 § 1 (Exh. A))