Chapter 5.36


5.36.010    Purpose.

5.36.020    Definitions.

5.36.030    Business license required – Conditions – Exceptions – Fees.

5.36.040    Penalties for violation.

5.36.050    Severability.

5.36.010 Purpose.

The City Council finds and declares that business license regulation of vehicle dealers as set forth herein and below will protect and promote the general health, safety and welfare of residents of the City, will promote compliance with State laws and rules providing for the regulation and licensing of vehicle dealers as set forth in Chapter 46.70 RCW and Chapter 308-66 WAC, will promote and protect sources of City revenues generated through the sales of vehicles, and will promote equitable and equal administration and regulation of all vehicle dealers within the City of Sunnyside. [Ord. 2129 § 1, 2006.]

5.36.020 Definitions.

As used in this chapter:

A. “Vehicle” means and includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.

B. “Motor vehicle” means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, and which is required to be registered and titled under RCW Title 46, Motor Vehicles.

C. “Vehicle dealer” means any person, firm, association, corporation, or trust, not excluded by subsection (D) of this section, engaged in the business, wholesale or retail, of buying, selling, listing, exchanging, offering, brokering, leasing with an option to purchase, auctioning, soliciting, or advertising the sale of new or used vehicles, or arranging or offering or attempting to solicit or negotiate on behalf of others a sale, purchase, or exchange of an interest in new or used motor vehicles, irrespective of whether the motor vehicles are owned by that person.

D. The term “vehicle dealer” does not include the following persons, firms, associations, or corporations:

1. Receivers, trustees, administrators, executors, guardians, or other persons appointed by, or acting under a judgment or order of, any court; or

2. Public officers while performing their official duties; or

3. Employees of vehicle dealers who are engaged in the specific performance of their duties as such employees; or

4. Any person engaged in an isolated sale of a vehicle in which that person is the registered or legal owner, or both, thereof, as further defined and described in SMC 5.36.030(C); or

5. Any person, firm, association, corporation, or trust, engaged in the selling of equipment other than vehicles subject to registration, used for agricultural or industrial purposes; or

6. A real estate broker licensed under Chapter 18.85 RCW, or an affiliated licensee, who on behalf of another negotiates the purchase, sale, lease, or exchange of a manufactured or mobile home in conjunction with the purchase, sale, exchange, rental, or lease of the land upon which the manufactured or mobile home is, or will be, located; or

7. Owners who are also operators of the special highway construction equipment or of the highway construction equipment for which a vehicle license and display vehicle license number plate is required as defined in RCW 46.16.010; or

8. Any bank, trust company, savings bank, mutual savings bank, savings and loan association, credit union, and any parent, subsidiary, or affiliate thereof, authorized to do business in this State under State or federal law with respect to the sale or other disposition of a motor vehicle owned and used in their business; or with respect to the acquisition and sale or other disposition of a motor vehicle in which the entity has acquired an interest as a lessor, lessee, or secured party; or

 9. Any person who is regularly engaged in the business of acquiring leases or installment contracts by assignment, with respect to the acquisition and sale or other disposition of a motor vehicle in which the person has acquired an interest as a result of the business.

E. “Established place of business” means a location meeting the requirements of State statute, including but not limited to RCW 46.70.023(1), at which a vehicle dealer conducts business in the City of Sunnyside. [Ord. 2129 § 1, 2006.]

5.36.030 Business license required – Conditions – Exceptions – Fees.

A. License Required. Except as provided in SMC 5.36.020(D) and in subsection (C) of this section, no person, firm or association shall act as a vehicle dealer, engage in the business as such, serve in the capacity as such, advertise himself, herself or themselves as such, solicit sales as such, or distribute or transfer vehicles for resale in or from the City, without first obtaining and holding a current business license as provided in this chapter.

B. Conditions. Applicants for a vehicle dealer’s business license must comply with and satisfy the following conditions prior to the issuance of the license:

1. Applicant must hold a current and applicable vehicle dealer license from the State of Washington Department of Licensing pursuant to Chapter 46.70 RCW and applicable State regulations, with specific designation of established place of business within the City.

2. Designation of established place of business within the City must meet all requirements of the zoning, building, land use codes and development standards of the City, subject to approval by the City. The application for vehicle dealer license shall include a site plan showing the location of the proposed place of business, including structures, parking, sales yards and traffic lanes, all subject to approval by the City. Applicant shall allow entry upon the property and into any proposed business buildings for inspection and approval by City personnel.

C. Exception. The provisions of this chapter do not apply to any person engaged in the isolated sale of a vehicle in which that person is the registered or legal owner, or both, thereof; provided, however, that sale or marketing for sale of five or more vehicles within a period of any 12 consecutive months, even if the seller is the registered and/or legal owner of such vehicles, shall require a vehicle dealer business license with compliance with the provisions of subsection (B)(2) of this section, and subsection (B)(1) of this section if required pursuant to Chapter 46.70 RCW and applicable State regulations.

D. Fees. For initial applications for vehicle dealer business licenses for vehicle dealer businesses commencing business after March 31, 2006, or businesses which become subject to this business licensing chapter after such date, a nonrefundable application fee of $200.00 is required. Thereafter, an annual business license fee in the applicable amount set forth in Chapter 5.52 SMC is required. Existing vehicle dealer businesses licensed by the City prior to March 31, 2006, are not subject to the application fee described above, but are subject to the provisions of Chapter 5.52 SMC and provisions of this chapter pertaining to maintenance of current State licensing requirements and other applicable provisions of this chapter pertaining to compliance with land use, zoning and building codes, and development standards. [Ord. 2129 § 1, 2006.]

5.36.040 Penalties for violation.

Any person violating the provisions of this chapter shall be guilty of a misdemeanor and subject to the penalties set forth in Chapter 1.16 SMC pertaining to misdemeanors. Any violation of the requirements of Chapter 46.70 RCW is subject to the penalties set forth in RCW 46.70.021 and any other applicable statute. As an additional remedy for any violation of this chapter or applicable State statute, the business license shall be subject to revocation and the remedies set forth in Chapter 5.56 SMC. [Ord. 2129 § 1, 2006.]

5.36.050 Severability.

If any section, sentence, clause or provision of this chapter is found unconstitutional or unenforceable by any court of competent jurisdiction, such finding shall not operate to affect the validity or enforceability of the remaining sections, sentences, clauses or provisions of this chapter. [Ord. 2129 § 1, 2006.]