Chapter 5.03
BUSINESS REGISTRATION AND LICENSING
Sections:
5.03.010 Purpose and policy.
5.03.020 Definitions.
5.03.030 Business license required.
5.03.040 Partial exemptions.
5.03.050 Procedure.
5.03.060 Fee—Terms.
5.03.070 License not construed to permit prohibited uses or activities—Approval criteria.
5.03.080 Revocation or suspension.
5.03.090 Transfer or sale of business.
5.03.100 Penalty for violation.
5.03.010 Purpose and policy.
The city council finds that in order for the city of Battle Ground to responsibly carry out the duties and authorities delegated to it by the Washington State Constitution and the laws of the state of Washington as a noncharter code city, maintenance of current information with respect to business, trade, service, commercial and professional activities carried on within the city is necessary and essential for the maintenance of the public health, safety and welfare; that such information can best be accumulated and maintained on a current basis through establishment of a license fee supported program for the licensing and registration of such activities. (Ord. 99-029 § 2 (part), 1999)
5.03.020 Definitions.
In construing the provisions of this chapter, save when otherwise declared or clearly apparent from the context, the following definitions shall be applied:
Business. The term “business” and the phrase “engage in business” each mean and include all services and activities engaged in for a consideration or with the object of pecuniary gain, benefit or advantage to the person, or to another person or class directly or indirectly, whether part-time or full-time; except nonbusiness activities carried on by a religions organization.
Person. The term “person” means and includes one or more persons of either sex; corporations, including not-for-profit corporations and municipal corporations; partnerships, including limited partnerships; associations, joint ventures or any other entity capable of having an action at law brought against such entity; but excluding employees. (Ord. 99-029 § 2 (part), 1999)
5.03.030 Business license required.
It is unlawful for any person to engage in any business in the city of Battle Ground that is conducted, operated, engaged in or practiced in whole or in part within the city without first having registered with and obtained a business license from the city. If more than one business is conducted on a single premises, a separate registration and license shall be required for each separate business conducted, operated, engaged in or practiced. If a business is conducted from more than one premises in the city, a separate registration and license shall be required for each premises within the city. (Ord. 99-029 § 2 (part), 1999)
5.03.040 Partial exemptions.
To the extent set forth in this section, the following persons and/or businesses shall be partially exempt from either the registration, license and/or license fee requirements of this chapter:
A. Tax Exempt Organizations. Any organization holding a current IRS 501(c)(3) exemption certificate issued by the Internal Revenue Service shall, upon filing a copy of same with the city, be exempt from the license and license fee requirements of this chapter; provided, however, that such organization shall file the required application form with the city, but for information purposes only.
B. Municipal Corporations. Municipal corporations and other governmental agencies shall be exempt from the license and license fee requirements of this chapter.
C. Religious Organizations. The nonbusiness activities of religious organizations are exempt from the provisions of this chapter. Such organizations may nevertheless file with the city for information purposes only the application form provided for by this chapter. Any religious organization which carries on any business activity for which it may be required by the laws of the United States to file a federal income tax return shall, to that extent only, be subject to the registration, license and license fee requirements of this chapter. (Ord. 05-013 § 1, 2005: Ord. 99-029 § 2 (part), 1999)
5.03.050 Procedure.
A. Application for business license shall be made in writing to the director of the department of community development upon a form provided by the city and the applicant shall, at the time, deposit with the community development director, in advance, the license fee required in this chapter. The application shall state the nature and address or addresses of the business or proposed business or businesses, the name and address of the owner or applicant, an emergency notification name and address, the type of business and number of employees, together with such other information as requested by the director of community development. Applications for business licenses shall be processed as Type I actions pursuant to Chapter 17.200 BGMC.
B. If the applicant is a partnership, the application must be made by one of the partners; if a corporation, by one of the officers thereof; if a foreign corporation, partnership or nonresident individual, by the resident agent or local manager of the corporation, partnership or individual.
C. The director of community development, upon receipt of an application form with fee attached, shall cause an investigation and review of the application to be made by the proper city officials, and shall issue or refuse to issue the license within thirty days of the date of filing the application.
D. If an application is refused, the reason for refusal shall be set forth in writing and mailed to the applicant at the mailing address set forth in the application. The applicant may appeal such refusal to the community development director by filing a notice of appeal within fourteen days of mailing by the director of the notice of refusal. Upon receipt of a notice of appeal, the city shall provide for a hearing thereon in the same manner as is provided in BGMC 5.03.080 for hearing on revocation or suspension of license. (Ord. 05-013 § 2, 2005: Ord. 99-029 § 2 (part), 1999)
5.03.060 Fee—Terms.
A. Business licenses required to be obtained pursuant to this chapter shall be issued or renewed for a twelve-month period commencing as of the date of application filing and shall expire on the last date of the twelfth month thereafter.
B. Fees for the annual license issued hereunder shall be established by resolution.
C. Initial Filing Fee. In addition to the annual license fee, a one-time initial filing may be charged at a rate established by resolution, to be paid with each new application form.
D. All businesses required to obtain licenses or license renewals shall obtain the same prior to engaging in or conducting business within the license term, and shall pay all fees within thirty days following the commencement of the license term. Any business which fails to obtain and pay the license fees within such period of time shall, in addition to any other penalties provided for in this chapter, be assessed an amount equal to fifty percent of the license fee for such business as a penalty for such late application and/or payment.
E. The business name and address of each licensed business is, for the purposes of Chapter 42.17 RCW, a public record, subject to request for public record disclosure. (Ord. 99-029 § 2 (part), 1999)
5.03.070 License not construed to permit prohibited uses or activities—Approval criteria.
A. A license under this chapter shall not be issued to any person who uses or occupies or proposes to use or occupy any real property or otherwise conducts or proposes to conduct any business in violation of the provisions of any ordinance of the city of Battle Ground or of the statutes of the state of Washington.
B. The granting of a business license shall in no way be construed as permission or acquiescence in a prohibited activity or other violation of the law. (Ord. 05-013 § 3, 2005: Ord. 99-029 § 2 (part), 1999)
5.03.080 Revocation or suspension.
The community development director may, at any time, suspend or revoke any license issued under this chapter whenever the licensee or an officer or partner thereof has been convicted in any court of competent jurisdiction of violating any criminal statute of the United States or the state of Washington or of any ordinance of the city of Battle Ground upon the business premises stated in the license or connection with the business stated in the license or, where the place of business does not conform to the ordinances of the city of Battle Ground, provided, the holder shall have the ability to appeal such revocation or suspension. The licensee shall be notified in writing by sending notice to the mailing address stated in the license. Such notice shall state the intention of the city to revoke or suspend the license, the reason for such suspension or revocation, the effective date of such revocation or suspension and the right of the licensee to request a hearing on such revocation or suspension. Such notice shall be given by certified mail to the licensee at least fourteen days prior to the date of the revocation or suspension.
A. If requested by a license holder or applicant within fourteen days of the receipt of notice, a hearing by the city manager or designee shall be held not more than five business days after the receipt of the request for a hearing. The holder or applicant shall have the right to attend said hearing and present evidence.
B. Any hearing under this chapter shall be conducted during normal business hours, on an informal basis. A record of the hearing, including the date of hearing, who was present, and the findings made as to whether or not the decision was just and the reasons therefor shall be made in writing. The written findings shall be filed with the community development director.
C. Whenever notice of revocation or denial is required under this chapter for business license, such notice shall inform the applicant or license holder of his or her right to a hearing, the current phone number and address of City Hall where a hearing may be requested, the normal business hours to phone in for a hearing, and the time periods involved if the hearing is requested. (Ord. 05-013 § 4, 2005: Ord. 99-029 § 2 (part), 1999)
5.03.090 Transfer or sale of business.
A. New License Required. Upon the sale or transfer of any business licensed by this chapter, the license issued to the prior owner or transferor shall automatically expire on the date of such sale or transfer and the new owner intending to continue such business in the city of Battle Ground shall apply for a new business license pursuant to the procedures established by this chapter. (Ord. 99-029 § 2 (part), 1999)
5.03.100 Penalty for violation.
Any person as defined in this chapter and the officers, directors, managing agents or partners of any corporation, firm, partnership or other organization or business violating or failing to comply with any provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than five hundred dollars. Notwithstanding the foregoing, any such person violating or failing to comply with any provision of this chapter following refusal of the city to license or following revocation or suspension of the business license pursuant to BGMC 5.03.080, shall be guilty of an additional misdemeanor and upon conviction shall be punished by a fine of not more than five hundred dollars. Each day of violation shall constitute a separate offense. (Ord. 99-029 § 2 (part), 1999)