Chapter 4.60
BUSINESS PERMIT APPLICATION PROCEDURE
Sections:
4.60.030 Permit—Issuance procedure.
4.60.040 Community impact statement.
4.60.050 Review and decision-making process.
4.60.010 Purpose.
(a) The city of Sumas is primarily a residential farming community providing a commercial trading and shopping center for its inhabitants and the surrounding fanning areas.
The traditional orientation of the Sumas community, as it now exists and that which is planned for the future, is for family commerce, recreation, education and spiritualworship. Businesses and activities which are not family-oriented are inconsistent with the past, present and existing development and future plans for the city of Sumas, and may have an adverse impact upon the city. Such non-family-oriented businesses have been found to appeal to special populations which are not normally residing in a family-oriented community; they often bring outside influences into the community which increase the crime rate and undermine the moral and social values of the family members. Existing businesses find that as the character of a commercial environment changes, and that the more notoriety a city gets as a source and outlet of a certain business which is non-family-oriented, the less attractive it is for new families. Existing businesses find that as the character of the commercial environment changes property values decrease and the central business district deteriorates as to family shopping and development of new family-oriented businesses.
(b) The Sumas city council has determined that the best interest of the city’s future growth and development would be greatly enhanced by an enactment requiring a future business locating within the city limits of Sumas, to obtain a business permit as a condition precedent to maintaining a business within the city limits. The city reserves the right to prohibit businesses which are determined to be non-family-oriented after a public hearing is had before the Sumas city council. (Ord. 823 § 1, 1981)
4.60.020 Permit—Required.
No person, persons or corporation shall hereafter engage in any business or activity or change or increase its scope of business or activities within the city of Sumas without having obtained and being the holder of a valid and subsisting business permit authorizing such new or expanded business to operate within the city of Sumas; said permit to be known as a Sumas business permit (SBP). Businesses and activities required to obtain an SBP under this chapter are those businesses and activities defined by RCW 82.04.140, (which is incorporated herein by reference); provided, that the following businesses shall be exempt from obtaining an SBP:
(1) Businesses presently existing within the city of Sumas at the time the ordinance codified in this chapter is passed which do not hereafter materially change their form and type of business or add a new form of business to the existing operation;
(2) Businesses outside the scope of the definition of RCW 82.04.140. (Ord. 823 § 2, 1981)
4.60.030 Permit—Issuance procedure.
(a) An SBP may be obtained from the Sumas city clerk by the applicant filling out an application therefor at Sumas City Hall; and the Sumas city clerk is authorized to issue an SBP to all businesses which fill out an application and are otherwise legally authorized to operate within the city, and provided the businesses are “family-oriented businesses” as hereinafter defined.
(b) Where the city clerk makes a threshold determination that the business is a non-family-oriented business, as defined herein, the following procedures must be followed by the business applicant for obtaining an SBP:
(1) If the applicant disputes the city clerk’s decision that his business is a non-family-oriented business, he may request a hearing on this point before the next Sumas city council meeting at which meeting the applicant may present testimony and other informal evidence supporting his proposition that his business is a family-oriented business (i.e., not a non-family-oriented business as defined herein). The council shall render its decision within five days after the meeting. If the council determines the applicant’s business to be family-oriented, then an SBP shall be issued forthwith; however, if the council determines that the applicant’s business is a non-family-oriented business, as defined herein, the applicant must follow the provisions of subdivision (2) of this subsection in pursuit of his SBP. Non-family-oriented businesses are those businesses which have been found to appeal to special populations which are not ordinarily found in small family-oriented towns and/or communities; businesses which often bring outside influences into the community which increase crime rate and undermine the moral and social values of the family members; the businesses which are determined by the council to appeal to special populations which are not normally residing in a family-oriented community such as the city of Sumas.
(2) No business determined by the city clerk and/or the Sumas city council to be a non-family-oriented business shall be issued an SBP until the applicant for the business has prepared and submitted to the Sumas city council, an impact statement, as described in Section 4.60.040; provided, however, that the following businesses shall be exempt from this requirement:
(A) Businesses regulated and/or licensed by special legislation of the state or federal government;
(B) Businesses which the city council determines would have an insignificant adverse impact on the community, and which are not significantly inconsistent with the purposes of this chapter, as stated in Section 4.60.010. (Ord. 823 § 3, 1981)
4.60.040 Community impact statement.
A community impact statement shall contain, at a minimum, the following elements:
(1) Detailed description of proposed business, names and addresses of all owners thereof, proposed location, description of building and facilities, description of merchandise or services to be sold, proposed hours of operation, profile of expected customers, projected market area; references to other similar business operations;
(2) Analysis of existing business community within three hundred feet of proposed location, including the following factors, at a minimum:
(A) Type of businesses,
(B) Profile of customers,
(C) Market area,
(D) Economic growth/deterioration,
(E) Property values,
(F) Proximity of residential neighborhoods,
(G) Proximity of schools, churches and public facilities;
(3) Impact of proposed business upon the factors described in subsection (2) of this section;
(4) Impact of proposed business upon the social environment of Sumas Community;
(5) Alternative location for the proposed business; and/or alternative business for the proposed location. (Ord. 823 § 4, 1981)
4.60.050 Review and decision-making process.
A completed community impact statement shall be filed by the applicant with the city clerk. Copies of the same shall be distributed by the clerk to all council members, the Public Library, the secretary of the local school board, the secretary of the Sumas Chamber of Commerce, and to any other parties requesting the same. The city clerk may assess a charge for the cost of copying any statements issued to private parties. Within thirty days of the date the statement is filed with the clerk, the city council shall either grant the business permit or shall call a public hearing for the purpose of considering the same. At the conclusion of the public hearing, and any continuances thereof, the city council shall either grant or deny the business permit, entering written findings of fact supporting its decision.
It shall be valid grounds for denial of a business permit if the city council finds that a proposed business will have a significant adverse impact upon the community and will be significantly inconsistent with the purposes of this chapter, as stated in Section 4.60.010. The possibility of mitigating measures shall be taken into account. No business permit shall be denied solely on the basis of the content of written, audio or visual communications sold or made available to customers. (Ord. 823 § 5 (part), 1981)
4.60.060 Violation—penalty.
(a) Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than three hundred dollars, or by imprisonment for a period not more than thirty days, or by both such fine and imprisonment.
(b) Each person,. firm or corporation shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this chapter is committed, continued, or permitted by such person, firm or corporation and shall be punishable therefor as provided in subsection (a) of this section. (Ord. 823 § 5 (part), 1981)