Chapter 4.72
BUSINESS LICENSE
Sections:
4.72.010 Definitions.
4.72.020 Business license required.
4.72.023 Registration of transient accommodations.
4.72.030 Procedure.
4.72.040 Fee – Terms – Penalty.
4.72.050 Ineligible activities.
4.72.060 Revocation or suspension.
4.72.065 Transfer or sale of business – New license required.
4.72.070 Penalty for violation.
4.72.010 Definitions.
In construing the provisions of this chapter, save when otherwise declared or clearly apparent from the context, the following definitions shall be applied:
A. Person. The term “person” shall include one or more persons of either sex, corporations, partnerships, associations, or other entity capable of having an action at law brought against such entity, but shall not include employees or persons licensed pursuant to this chapter.
B. Business. The term “business” includes all services and activities engaged in with the object of pecuniary gain, benefit or advantage to the person, or to any other person or class, directly or indirectly, whether part-time or full-time, except those businesses or occupations which are regulated pursuant to, or for which licenses or franchises are required by, the following chapters of the Edmonds City Code:
3.20 (Business License and Occupation Tax);
4.11 (Motor Vehicle Wreckers);
4.12 (Peddlers, Solicitors
and Street Vendors);
4.20 (Liquor Licenses);
4.48 (Cabaret Dances);
4.50 (Public Massage Parlors and Public Bathhouses);
4.56 (Sound Trucks);
4.60 (Taxicabs);
4.68 (Community Antenna
Television Systems);
4.75 (Pawnbrokers);
and except nonbusiness activities carried on by a religious, charitable, benevolent, fraternal or social organization and persons leasing one rental unit or one private residence.
C. Rental Unit. The term “rental unit” shall mean a separate room or apartment leased for human occupancy and contained within a single structure, and shall include the operations of rooming houses, boarders within private residences and the operation of bed and breakfast establishments which otherwise meet the criteria of the exception created in the subparagraph above.
D. Private Residence. The term “private residence” shall mean a separate, free-standing structure leased for residential purposes and human occupancy by one “family” as defined by ECDC 21.30.010. [Ord. 3439 § 1, 2003; Ord. 2562, 1986; Ord. 2536 § 2, 1985; Ord. 2315 § 1, 1982].
4.72.020 Business license required.
It shall be unlawful for any person to operate, engage in or practice any business in the city of Edmonds without first having obtained a business license from the city. If more than one business is located on a single premises, a separate license shall be required for each separate business conducted, operated, engaged in or practiced. [Ord. 3282 § 1, 1999; Ord. 1139 § 1, 1965].
4.72.023 Registration of transient accommodations.
It shall be unlawful for any person, partnership or corporation to operate a bed and breakfast establishment or other form of transient accommodation without first registering such accommodation with the city's fire marshal. “Transient accommodation” shall mean any hotel, motel, condominium, resort or other facility regardless of size which offers rental of one or more lodging units on a daily or weekly basis. It shall not include rooms let on month-to-month leases or longer tenancies. Application for a business license shall satisfy the requirements of this section; any transient accommodation exempt from the provisions of this chapter shall register in writing with the fire marshal on a form designated for use by the fire marshal. Violations of this section shall be punishable by a fine of $20.00; each and every day of violation shall constitute a separate offense. [Ord. 2566 § 1, 1986].
4.72.030 Procedure.
A. Application for the business license shall be made in writing to the city clerk upon a form provided by the city clerk, and the applicant shall at the same time deposit with the city clerk in advance the license fee herein required. The application shall state the nature and address or addresses of the business or businesses, or proposed business or businesses, of the applicant, and such other information as requested by the city clerk.
B. If the applicant be 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 city clerk shall present all applications for licenses to the mayor. The mayor shall cause an investigation of the application to be made by the proper city officials and shall grant or refuse to grant the license within 15 days of the date of application. If an application is refused the reason for refusal shall be designated on the application. The fee shall not be refunded. [Ord. 1139 § 1, 1965].
4.72.040 Fee – Terms – Penalty.
A. Commending January 1, 1977, business licenses required to be obtained pursuant to this chapter, shall be issued on a calendar year basis and shall expire on December 31st of the year for which they are issued.
B. Fees for an annual business license issued hereunder shall be as follows:
1. The fee for an application for a new business license for any business to be operated from real estate within the city of Edmonds shall be $65.00; and
2. The fee for an application for a new business license for any other business conducted for, under contract with or by providing services to any person within the city shall be $25.00; and
3. The fee for an application for an annual renewal of a business license shall be $25.00 for any business operated within the city of Edmonds.
C. All businesses required to obtain licenses hereunder shall obtain the same and pay all fees required on or before February 15th of each respective year; provided, however, that for the year 1981 only, businesses shall be required to obtain the licenses before April 1. Any business which fails to obtain and pay the license fees within said period of time shall, in addition to any other penalties provided in this chapter, be assessed an amount equal to 50 percent of the license fee for said business as a penalty for such late application and/or payment.
D. Repealed by Ord. 3036. [Ord. 3282 § 2, 1999; Ord. 3084 § 1, 1996; Ord. 3036 §§ 1, 2, 1995; Ord. 2191 §§ 1, 2, 1981; Ord. 1828 § 1, 1976; Ord. 1139 § 1, 1965].
4.72.050 Ineligible activities.
Notwithstanding any provisions hereof to the contrary, a license hereunder may 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 Edmonds or the statutes of the state of Washington. 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. 1139 § 1, 1965].
4.72.060 Revocation or suspension.
The city council shall, at any time, suspend or revoke any license issued hereunder whenever the licensee or officer or partner thereof has been convicted in any court of competent jurisdiction of violating any statute of the United States or the state of Washington or any ordinance of the city of Edmonds upon the business premises stated in the license or in connection with the business stated in the license; or where the place of business does not conform to the ordinances of the city of Edmonds; provided, a hearing thereon shall be had before such revocation or suspension, and the licensee shall be notified in writing by sending the same to the address stated in the license of the intention of the city council to revoke or suspend said license at a regular meeting of the city council at a time and date denominated in the notification giving the licensee at least six days' notice prior to the date for the hearing. The licensee may appear at that time and be heard in opposition to such revocation or suspension. [Ord. 1139 § 1, 1965].
4.72.065 Transfer or sale of business – 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 Edmonds shall apply for a new business license pursuant to the procedures established by this chapter. [Ord. 2315 § 2, 1982].
4.72.070 Penalty for violation.
Any person, as defined herein, 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 in any sum not exceeding $250.00 or by imprisonment for a period not exceeding nine months, or both, and each day of violation shall constitute a separate offense. [Ord. 1139 § 1, 1965].