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HomeMy WebLinkAboutOrdinance 90-048-CC,Wyk RESOLUTION NUMBER 90 -48 -CC ORDINANCE NO. 90 -48 -CC AN ORDINANCE REQUIRING BUSINESSES IN THE UNINCORPORATED AREAS OF GRANT COUNTY TO OBTAIN AN APPROVED BUSINESS LICENSE PRIOR TO OPERATING SAID BUSINESSES; ASSURING PROPER LOCATION OF BUSINESSES; ESTABLISHING A PROCEDURE FOR APPLYING FOR A LICENSE; ALLOWING FOR THE KEEPING OF ACCURATE RECORDS OF BUSINESSES IN GRANT COUNTY; AND ESTABLISHING FEES AND PENALTIES. BE IT ORDAINED BY THE GRANT COUNTY BOARD OF COUNTY COMMISSIONERS AS FOLLOWS: BUSINESS AND OCCUPATION LICENSE REGULATIONS SECTIONS: 1. Definitions 2. Regulation of Business License - License Required 3. Exemptions 4. Planning and/or Building Department to Keep Record of Business Licenses Issued 5. License Application - General 6. Investigation of Application 7. Grounds for Issuance or Denial of License 8. Terms and Conditions of Business License 9. Appeal of Planning Director and/or Building Official's Decision 10. Suspension or Revocation of License - Appeals - Enforcement 11. Fees Designated 12. Duplicate License Fee 13. Deposition of Fees - Recovery of Fees 14. Penalties 15. Operating Without a License 16. Failure to Comply With Ordinance 17. Right to Pick Up and Hold License 18. Future Regulations 19. Existing Business 20. Validity of Ordinance 21. Effective Date SECTION 1 DEFINITIONS as used in this ordinance, unless the context clearly indicates otherwise: A. " COMMISSIONERS" means the Board of County Commissioners of Grant County. B. "PERSON' means and includes but is not limited to natural persons of whether sex, firms, corporations, partnerships of associations. C. "PEDDLER" means: (1) Any person who goes from house to house, or place to place, within Grant County, selling and providing immediate delivery or performance, or offering for sale and immediate delivery or performance, any goods, wares, merchandise, services, or anything of value, to persons not commercial users or sellers of such commodities or services; or (2) Any person who, while selling and providing immediate delivery or performance, or offering for sale and immediate delivery and performance, any goods, wares, merchandise, services or anything of value, stands or sits in a doorway, any vacant lot, parcel of land or in any other public place not used by such person as a permanent place of business. E. "SOLICITOR" means: (1) Any person who goes from house to house or place to place within Grant County, taking or offering to take orders for the sale of goods, wares, merchandise, services, or anything of value for future delivery or performance from persons not commercial users or sellers of such commodities or services; or (2) Any person who, while taking or offering to take orders for the sale of goods, wares, merchandise, services, or anything of value for future delivery or performance, stands or sits in a doorway, any enclosed vacant lot, parcel of land, or in any public place not used by such person as a permanent place of business. F. The terms "PEDDLER" and " SOLICITOR" shall include any person, firm, or corporation which employs, hires, or engages others to act as peddlers or solicitors whether as employees, agents, or independent contractors, but shall not include any person making solicitations for charitable or religious purposes. G. "HOME SALES PARTY" means gathering in private residences where goods, wares, merchandise, services, or anything of value, is sold or offered for sale. SECTION 2 REGULATION OF BUSINESS LICENSE - REQUIRED A. Licenses required are for regulation and control for conformance with local and/or state laws. In the course of regulating businesses and occupations under authority of its police power, Grant County may require businesses and occupations affected with a public interest to obtain business licenses. B. Where the ordinances of the county requires a license or fee for the conduct of any business, occupation or activity, no person shall engage in such business, occupation or activity within the unincorporated areas of Grant County unless said person has valid county business license. SECTION 3 EXEMPTIONS A. No business license shall be required for nonprofit organizations operating, either regularly or temporary, for a public, charitable, educational, literary, fraternal or religious purpose, nor shall any license be required of any farmer or person peddling farm or dairy produce raised or produced by such person, nor shall any license be required of any person holding a yard sale, home sales party or similar type home gatherings or meetings, nor any hobbyist who occasionally sells items made and with out intention to make his hobby an occupation to support the individual or their family. B. This section shall not exempt persons from compliance (When applicable) with zoning regulations and road access requirements as required by the County Planning and Public Works Department; PROVIDED FURTHER, the businesses operated out of the home (home occupations and professional office in a residence), except as referenced above, shall comply with the provisions of the Grant County Zoning Ordinance. SECTION 4 BUILDING AND OR PLANNING DEPARTMENT TO KEEP RECORD OF BUSINESS LICENSES ISSUED. The Grant County Planning, and/or Building Department shall keep record of all business licenses granted by the county to those business in the unincorporated area. Said records shall show for each license the date issued, to whom issued, the amount collected, the date of expiration, the premises described therein, change of location if any, and any other pertinent fact with reference thereto. PA SECTION 5 LICENSE APPLICATION - GENERAL A. A person desiring to secure a business license to engage in a use activity regulated by this ordinance shall make a written application on forms prepared and furnished by the County and shall provide such information as the County deems appropriate. An applicant shall submit an application fee of Twenty - Five Dollars ($25.00) and application and file the same with the Planning and/or Building Department. B. The mere filing of an application for a business license shall not give the applicant any right to engage in the activity covered thereby. C. No business license may be issued to a person who has had a license suspended or revoked within a period of six (6) months prior to the date of making the application. SECTION 6 INVESTIGATION OF APPLICATION A. The Building Official and/or Planner may direct other county departments to investigate the facts stated in each business license application. The Planner and/or Building official shall require approval of the application by any agency with jurisdiction before granting any license. B. No license shall be issued unless the premises where the activity is to be conducted complies with the requirements of all governmental agencies, including, but not limited to, federal, state, county regulations related to building, fire, health, sanitation, zoning, taxation, public safety, and all other requirements and conditions specifically set forth in other sections of this ordinance. Issuance of said business license does not guarantee approval by other agencies with jurisdiction or does not negate other permits or license requirements that other agencies may have. SECTION 7 GROUNDS FOR ISSUANCE OR DENIAL OF LICENSE A. If the County Planner and/or Building Official finds that a person has successfully completed an application form paid the application fee of $25.00 and has received approval from all appropriate departments, then the business license shall be issued. B. If, after investigation and consultation with other departments, the Building Official finds that the premises or buildings of the business to be operated under a license are in an unsafe condition or operated in such a way as to be detrimental to the public welfare, or said premises are not in compliance with all applicable state and local regulations, then said application for license shall be denied and the fee refunded. 3 C. No business license shall be granted to any applicant by the Building Official and/or Planner until such applicant has complied with all resolutions and ordinances of the county applicable to the activity for which application for business license is made. This shall include, but not be limited to, ordinances and resolutions administered by the Building Department, Public Works, and Health Department. SECTION 8 TERMS AND CONDITIONS OF BUSINESS LICENSE A. TERMS OF LICENSE. All licenses shall be for a period of one year, unless otherwise provided herein; and must be renewed annually in advance in accordance with sub -section "E" of this section. Any license which is hereinafter required for any business that may begin operation on or after July 1st of any year shall be one-half of the license fee, which shall entitle the licensees to operated within the county until December 31st of the year after which date the licensee shall pay the license fee for one year in advance. Any and all licenses issued for any new business which shall begin operation after January 1st of any year, up to and including June 30th of any year, shall be required to pay the full license fee. B. EXISTING BUSINESSES. Legally existing businesses currently operating in the unincorporated areas of Grant County shall be given six (6) months from the effective date of this ordinance to file application and to obtain a valid business license. Future renewals of license will be done in accordance with Section 8 of this ordinance. C. TRANSFERS. Except as provided herein, a license may not be assigned or transferred unless authorized pursuant to this ordinance. (1) In the event of the withdrawal of a partnership, the license may be transferred upon application to the remaining partner or partners along with a Five Dollar ($5.00) transfer fee. (2) No licensee shall change location without reapplying for a license. No portion of any prior license fee shall be refundable. D. DISPLAY OF LICENSE. A license shall at all times conspicuously display the business license at the place of business in such a manner to be readily viewed by the general public. A licensee shall produce the license for examination when making application for renewal, or when requested to do so by an officer of the county authorized to enforce this ordinance. .19 E. RENEWAL OF LICENSE - LATE FEES - COLLECTION OF FEES BY CIVIL ACTION. (1) All licenses issued pursuant to the provisions of this ordinance, may be renewed at the expiration of the term thereof by making payment to the County Building or Planning Department on or before fifteen (15) days from the date of expiration of such license. Any licensee who shall fail to make payment on or prior to the expiration date of said license shall be subject to a late payment fee. A late payment fee of fifteen dollars ($15) shall be added to each annual license not procured within 30 days of expiration each and every year to help defray added administrative expenses because of such late payment. (2) The Building Official shall review all renewals and cause such investigation to be conducted, as deemed necessary. (3) All licenses issued subsequent to the initial license period shall be deemed renewal licenses, if there has been no discontinuance of the license's operation or activities. (4) Grant County shall have the power to institute suit or action in any court of competent jurisdiction for the purpose of collecting any license fees and late fees that are due and payable. F. AUTHORITY TO ENTER AND INSPECT PREMISES. By making application for the privilege of having any license included in this ordinance, each applicant authorizes any other appropriate County agency to enter and inspect to insure compliance with code provision, all licensed'premises, or use in conjunction with a licensed business, by appointment during normal business hours. Each applicant shall make provisions for inspection of the premises where the business is to be located.Refusal to allow an inspection will be cause not to issue a license. See appeals, section 9. G. LICENSE GENERAL. (1) No business license issued by the County shall cover more than the trade, business, occupation, pursuit, vocation or entertainment, the original application may have been applied for. (2) NO PERSON MAY: a. Engage in an activity regulated by this ordinance without first obtaining a business license for the activity; b. Engage in business in a manner or at time or place contrary to a general or special term or condition of the license. c. Engage in business activity in a manner contrary to a term or condition established by the Board of County Commissioners by ordinance or regulation; E d. Obtain or attempt to obtain a business license by making a false statement in the application for the license or by other dishonest or fraudulent means; or e. Forge, counterfeit or fraudulently alter a license required by this ordinance. SECTION 9 APPEAL OF PLANNING DIRECTOR AND/OR BUILDING OFFICIAL'S DECISION A. If the County Planning Director and/or Building Official refuses to issue a business license or renew a business license, said Director shall notify the applicant in writing, stating the reasons for the denial and informing the applicant of his right to appeal. B. Any aggrieved party having standing under this ordinance shall submit in writing his appeal and must be filed with the Clerk of the County Commissioners within ten (10) days of receipt of the Planning Director and/or Building Official's decision. Whenever a decision of the Planning Director and/or The Building Official is reviewed under this provision, the parties shall submit memoranda in support of their position. The Appellant, may at this time ask for a hearing before the County Commissioners. The Board of County Commissioners may act on the information provided, or they may conduct a hearing where testimony will be given to hear both sides. The decision of the commissioners will stand, as to the form of hearing. The commissioners may accept, modify or reject any findings or conclusions, or remand the decision of the Planning Director and or Building Official for further hearing. Provided that the decision of the commissioners shall be passed on the record submitted by the Planner and or Building Official. The Commissioners may request additional information from the applicant and of the other county agencies at its direction. The commissioners decision will be in writing and shall specify findings and conclusions, whenever such findings or conclusions are different from those of the appealed decision. Each material findings shall be supported by substantial evidence in record. C. Any party having submitted an application for business license and refuses to allow inspection of his place of business will be refused a license. The applicant may make an appeal according to item, B of this section. 0 SECTION 10 SUSPENSION OR REVOCATION OF LICENSE - APPEALS - ENFORCEMENT A. The Commissioner or any agent appointed by the Commissioners shall have the power and authority to suspend or revoke any license issued under the provisions of this ordinance when it is determined that there is probable cause for suspending or revoking any license. The Board shall notify such licensee in writing by certified mail of the suspension or revocation of his license and the grounds therefor. The filing of a petition with the Commissioners by the Building Department, Planning Department, the Prosecuting Attorney, Sheriff or other affected departments or agencies alleging that licensee has committed acts which are grounds for suspension or revocation of a license under the ordinance shall constitute probable cause. Notice mailed to the last business address on file with the Building and Planning Department shall constitute sufficient notice. In addition to grounds specifically provided in the individual licensing sections, any license issued pursuant to the provisions of this ordinance may be suspended or revoked based on one or more of the following grounds: (1) The license was procured by fraud or false representation of fact. (2) The licensee has violated or failed to comply with the provisions of this ordinance, or any other regulation or ordinance of the county. (3) The licensee, or any of his servants, agents, or employees while acting within the scope of their employment, has committed a felony or misdemeanor, excluding minor traffic violations. (4) The licensee or any of his servants, agents, or employees, while acting within the scope of their employment, has violated any law or resolution relating to the sale or possession of intoxicating liquor; the use, possession or sale of narcotic or dangerous drugs or violating any law or resolution relating to public morality and decency. (5) The conduct of the business or activity for which the license was issued has resulted in the creation of a nuisance or has caused disorderly conduct to occur on or immediately adjacent to the business premise. B. APPEALS OF A SUSPENDED OR REVOKED LICENSE. (1) The suspension or revocation shall become effective ten days from the date the notice is delivered unless the person affected thereby files a written notice of appeal with the Commissioners within such period clearly setting for the grounds therefor. The Commissioners shall set a hearing date within 30 days following receipt of notice of appeal. Following the hearing the Commissioners may affirm, modify, or overrule the suspension or revocation and reinstate the license which may seem advisable. Should an appeal be taken as herein prescribed, the suspension or revocation shall be stayed pending final action by the Commissioners, unless they determine that the action of the licensee constitutes an eminent danger to the public health, safety, or morals and/or welfare, in which case the Commissioners may order that the suspension or revocation shall not be stayed pending appeal. 7 (2) The period of revocation shall be at least one year and the licensee shall not again be licensed for a similar business during such period or for such additional period as is fixed by the Commissioners. (3) The period of suspension shall be fixed by the Commissioners at not less than ten or more than sixty days. C. ENFORCEMENT. The Planner and Building Official or their designated agents, are hereby designated as the enforcing officers of this code. Any failure or refusal on the part of any licensee to obey any rule, regulation or request of the Planner and/or Building Official shall be grounds for the revocation of a license. D. PENALTIES. Any person who engages in any activity, for which a business license is required pursuant to the provision of this ordinance, while his or her license is suspended or revoked, or who fails to obtain a license prior to engaging in the activity of which a license is required, shall pay a penalty equal to fifty percent (50%) of the license fee for each day of operation without a license. This penalty will be added to the basic license fee and shall be in addition to any other penalty established by the ordinance. SECTION 11 FEES DESIGNATED A. An applicant for a business license required by this ordinance shall pay a fee or fees after review by the various departments and approval by the Planning Department. Said fee shall be in the amount of Twenty - Five Dollars ($25.00) and shall be paid to the County Planning and/or Building Department for each license issued. B. Annual renewal fee of $5.00. C. The fee for a peddler's or solicitors license shall be Twenty Dollars ($20.00) per business, per year. SECTION 12 DUPLICATE LICENSE FEE Any licensee who makes a change in trade or corporate name or who loses or misplaces his license may obtain new license from the Planning and/or Building Department without necessity of submitting a new application by the payment of a Five Dollar ($5.00) fee, PROVIDED, the license has not expired H. SECTION 13 DISPOSITION OF FEES ---RECOVERY OF FEES All license fees, fines and forfeitures collected under the provisions of this ordinance shall be collected by the County for deposit into the County treasury; and in addition to any penalties provided therefor, an action may be instituted by the county, and in it's name, for the collection of license fees and amounts due under the provision of this ordinance. The institution and prosecution of a civil action to recover a fee shall not be a bar to the criminal action and prosecutions herein provided. SECTION 14 OPERATING WITHOUT A LICENSE Each day that any person engages in any business, calling, profession, trade, occupation without having a valid existing business license as provided for by this ordinance shall constitute a separate offense and be punished as such. SECTION 16 FAILURE TO COMPLY WITH ORDINANCE Except as otherwise specifically provided, any person violating or failing to comply with any of the provisions of this ordinance may be deemed guilty of an infraction and upon conviction thereof may be punished by a fine in any sum not exceeding Three Hundred and Fifty Dollars ($350.00). SECTION 17 RIGHT TO PICK UP AND HOLD LICENSE The Building Official and/or Planner shall have the right to pick up and hold a license when a violation of the ordinance has been committed in. Said license is to be held by the Building Official and/or Planner where license could be used as evidence in a criminal or administrative hearing. SECTION 18 FUTURE REGULATIONS Nothing in this ordinance shall prohibit the Board of County Commissioners from amending this ordinance to further regulate the operation of business in Grant County on an as needed basis. 9 SECTION 19 EXISTING BUSINESSES Legally existing businesses currently operating in the unincorporated areas of Grant County shall be given six (6) months from the effective date of this ordinance to file application and to obtain a valid business license. Future renewals of license will be done in accordance with Section 8 of this ordinance. SECTION 20, VALIDITY OF ORDINANCE If any phrase, phrases section or sections of this ordinance are determined to be invalid, it shall not affect the validity of the other sections of this ordinance. SECTION 21, EFFECTIVE DATE The effective date of this ordinance will be PASSED AND ADOPTED THIS_,�DAY OF V c/k �- , 19 ATTEST: 111:4 lti IND) BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON /j AL fL MEMBE 7 10