ORDINANCE NO. 591
AN ORDINANCE RELATING TO GOVERNMENTAL OPERATION; ESTABLISHING A REQUIREMENT OF LICENSING OF BUSINESSES CARRYING FORTH CERTAIN ACTIVITIES WITHIN THE CORPORATE LIMITS; AUTHORIZING PENALTIES AND FEES; PROVIDING PROCEDURES; ADDING A NEW CHAPTER TO TITLE 4 OF THE MUNICIPAL CODE; & PROVIDING AN EFFECTIVE DATE.
R E C I T A L S:
1. Historically, the City has not exercised the authority to require businesses, whether located within the corporate limits or doing business within the corporate limits to a defined extent, to obtain licenses from the City.
2. Based upon a review by the Council and Mayor, it has been determined the public would benefit by such a licensing program.
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS BY THE CITY COUNCIL OF THE CITY OF OAKVILLE:
SECTION I: Purpose. It is found to be in the public interest that the city shall be at all times informed as to the individuals, partnerships, corporations, or business entities of any form whatsoever which are operating from places of business within the corporate limits of the city. It is declared that it is the purpose and intent of this chapter to require all businesses, of whatsoever type, that maintain places of business within the Oakville corporate limits to, at all times they so operate, obtain from the clerk-treasurer and be in possession of the business license established by Section III.
SECTION II: Definitions. As used in this chapter, "business" means any person, partnership, corporation, or entity of any form whatsoever which or who operates or maintains a store, place, or office of any kind whatsoever within the corporate limits for one of the following purposes:
(1) The sale of goods, wares, or merchandise, whether at retail or wholesale; or
(2) The provision of a service to clients, customers or patients in exchange for compensation.
It is the intent of this definition that it includes within its meaning, but is not limited to, all businesses required to pay that certain tax levied by the state of Washington pursuant to RCW Chapter 82.04. Each such store, place, or office shall be considered a separate place even though more than one such store, place, or office is owned by the same person, partnership, firm, or entity.
SECTION III: Registration--Due date--Evidence of intent to enter into business.
3.1. Any business as defined in Section II shall register with the city clerk-treasurer within sixty days of the effective date of the ordinance codified in this chapter. The registration shall be in such forms as may be established and/or determined and provided by the clerk-treasurer. So long as the business continues to transact business, it shall maintain a valid certificate as provided in Section IV.
3.2. Any business established after the effective date of the ordinance codified in this chapter shall register within thirty days of the establishment of the business.
3.3. The following actions shall be considered prima facie evidence of an intent to enter into a business, as the term is utilized in this chapter:
(1) To secure a location from which to conduct business;
(2) To establish a stock of merchandise;
(3) To commence advertising announcing the opening or establishment of a business.
3.4. A business licensee shall not be issued for any activity that is known to violate local, state, or federal law. Issuance of a business licensee shall not relieve the applicant or licensee from the duty to comply with all applicable city, state, or federal laws, rules, and regulations.
SECTION IV: Registration certificate--Fee--Application date--Renewal.
4.1. The fees for issuance of the registration certificate established by Section III, renewal thereof, and any penalty fees shall be such amounts as may be established by written resolution of the Council.
4.2. The fee shall accompany the application, whether it is an initial application or an annual renewal application. The certificate shall be valid for the calendar year in which it is issued and shall be renewed each calendar year. Renewal applications shall be made prior to the end of the calendar year for which the current certificate is issued: provided that in the event the business will cease operations not later than January 5th of the following year, no such application for renewal need be made.
4.3. In the event that the clerk-treasurer denies the issuance of a license, whether upon the basis the indicated business activity is unlawful or contrary to any applicable provision of law or Municipal Code, notification of such denial shall be provided to the applicant in the manner provided by Section X of this Ordinance. The applicant shall have the right to appeal such denial in the manner and under the provisions of Sections X and XII of this ordinance.
SECTION V: Registration certificate--Issuance-Term. Upon receipt and processing of an initial or renewal application, the clerk-treasurer shall issue a certificate of registration in such form as he or she determines appropriate, which shall be posted in a conspicuous place in the place of business of the registrant. It shall be displayed upon request to the city clerk-treasurer or his or her designee. As provided in Section IV, the certificate shall be valid for the calendar year designated thereon and is nontransferable.
SECTION VI: Tax-exempt or nonprofit status.
6.1. The provisions of the sections of this chapter shall be not apply to any charitable, religious, or nonprofit organization or corporation which either has received tax-exempt status under the Internal Revenue Code Section 501C(3), 26 U.S.C. 50lC(3), as adopted or as hereafter amended; or is organized as a non-profit corporation or association under the laws of the state and is properly so registered with the state.
6.2. Any person or organization claiming an exemption as stated by subsection 6.1 of this section shall file with the clerk-treasurer of the city a copy of either the tax exemption granted by the Internal Revenue Service under the provisions of Section 501C(3) or proof from the appropriate registering agent of its nonprofit status. The clerk-treasurer shall maintain a list of all organizations who have such an exemption and such list shall be kept available for public inspection. In the event the clerk-treasurer finds the claim is improper, notice shall be given to the applicant, who shall have a right to appeal the denial to the city council in a manner established by Section X. To the extent allowed by law, the decision of the city council at such hearing shall be final. Any appeal from the decision shall be taken as provided by Section 12.2 of this ordinance.
SECTION VII: Penalty for violation. It is unlawful to operate any business as defined in Section II within the corporate limits of the city of Oakville except while in compliance with this chapter. Such violation shall be deemed a civil infraction and processed in the manner provided by RCW Chapter 7.80, as now existing or hereafter amended or succeeded, said chapter being adopted by this reference. Upon a finding of committed of a violation of this chapter, punishment shall be imposed pursuant to the terms of said RCW Chapter 7.80.
SECTION VIII: Suspension of Licenses: Authority.
The clerk-treasurer may suspend any license issued by the city pursuant to an application for any activity which constitutes a ground for revocation of this license pursuant to Section II