Chapter 5.04
BUSINESS GENERALLY

Sections:

5.04.005    Applicability.

5.04.020    License to conduct business.

5.04.030    Application for license – Approval or denial – Appeal.

5.04.040    Term and renewal of license.

5.04.045    License revocation.

5.04.050    Exemptions.

5.04.090    Purpose of chapter.

5.04.110    Separate licenses – When required.

5.04.120    Personal identification.

5.04.130    Penalty for violation of title.

5.04.005 Applicability.

A. The following provisions of this chapter are general provisions and shall apply to all persons who carry on business in the city of Lynnwood, and such provisions, and all additions that have general application, and subsection (B) of this section, shall comprise a separate chapter in LMC Title 5 designated as Chapter 5.04 LMC and entitled, “Business Generally”: LMC 5.04.020, 5.04.030, 5.04.040, 5.04.090, 5.04.110.

B. Without affecting the validity and requirements of any other provisions in this chapter or any other title or chapter relating to business regulations, the provisions of this chapter shall apply to all persons who propose to, or carry on business and all businesses in the city of Lynnwood. (Ord. 1089 § 10, 1979)

5.04.020 License to conduct business.

It is unlawful for any person, firm, corporation or association to maintain, conduct or operate any device, vehicle or thing, or engage in any business, calling, profession, trade, occupation or activity without first having secured the license to do so, and paying all fees prescribed herein. (Ord. 818 § 2, 1975; Ord. 754 § 1, 1974; Ord. 674 § 1, 1972; Ord. 30 § 2, 1959)

5.04.030 Application for license – Approval or denial – Appeal.

A. No license required hereunder shall be issued except upon application made on forms prescribed by the city; each application for license, in addition to other requirements, shall indicate:

1. The proposed business address of a proposed business or occupation; and

2. The type and nature of the proposed business or occupation, which the applicant intends to operate on said premises.

B. Each license application shall be accompanied by the prescribed license fee; provided, that any new business making application for a resident, nonresident or home occupation license after August 1st shall be charged one-half of the annual prescribed fee.

C. Notwithstanding any contrary provision in this title, a license shall not be issued to any applicant until the business and the applicant comply with all provisions of the city of Lynnwood zoning, building, fire, penal code, and all other applicable ordinances and laws and all amendments thereto.

D. On approval of the application, the license shall be issued by the city and delivered to the applicant.

E. Upon denial of the application, the fee paid shall be returned to the applicant by the city forthwith together with notice that the application has been denied; provided, that no refund shall be made where, during the pendency of the application, the applicant has engaged in the business activity for which the license was intended. The mayor, or any officer of the city designated by him, shall approve or deny all applications for licenses required hereunder, and any applicant denied a license, or any person objecting to the issuance of any such license, may, within 10 days after the issuance or denial of such license, appeal to the city council by filing a written notice of appeal, clearly stating the grounds that the appeal is based on, with the city clerk, and the city council shall set a date for the hearing of such appeal before the full membership of the city council, and the city clerk shall notify the applicant in the case of a denial, and the objector and applicant in the case of issuance, by mail of the time and place of hearing. After the hearing thereon, the city council may direct the issuance of the license applied for or revoke the license issued, as the city council may deem advisable. (Ord. 1089 § 4, 1979; Ord. 818 § 3, 1975; Ord. 449, 1968; Ord. 82, 1961; Ord. 30 § 3, 1959)

5.04.040 Term and renewal of license.

All licenses hereunder shall be granted for the calendar year or part thereof, of the year of their issuance, and shall be renewed on or before the fifteenth day of February next succeeding their date of issuance. If any license hereunder is not so renewed, then a new application must be made, accompanied by a fee of 150 percent of the fee payable upon an original application hereunder. All other applications for renewals shall be accompanied by the same fee as provided for an original application hereunder. (Ord. 30 § 4, 1959)

5.04.045 License revocation.

In addition to other powers, the city shall revoke any business license where the licensee uses or occupies property, or conducts or operates businesses in violation of the laws of the city of Lynnwood, state of Washington, United States of America, or any other laws; provided, that the city clerk shall notify the licensee by certified mail, at the licensee’s business address, of the intention of the city to revoke said licensee’s license in 15 days for stated reasons, and said license shall be revoked at the expiration of 15 days unless the licensee requests, in writing, a hearing in front of the council, in which case a hearing shall be scheduled in 30 days’ time with notice of the proposed hearing to the licensee by certified mail. After hearing, if the city council finds violation of the conditions and terms of the licensee’s license, the city council may revoke license. No license may be reissued to the licensee for 60 days following revocation. Nothing contained herein shall limit or conclude a licensee’s right to judicial review in the superior court or otherwise. (Ord. 1089 § 5, 1979)

5.04.050 Exemptions.

The following shall be exempt from compliance with this chapter:

A. A bona fide charitable or nonprofit organization as defined below:

1. “Bona fide charitable or nonprofit organization” means any organization for which contributions to such organization qualify for charitable contribution deduction purposes or which is otherwise exempt from payment of federal income taxes, all pursuant to the Internal Revenue Code of 1954, as amended. Organizations presenting certificates of incorporation demonstrating such organization is duly existing under the provisions of Chapters 24.12, 24.20 or 24.28 RCW shall constitute prima facie evidence that the organization is a bona fide charitable or nonprofit organization for the purposes of this chapter.

B. Insurance agent as defined in RCW 48.17.010 as now existing or hereafter amended. This exemption shall not apply to insurance brokers as defined in RCW 48.17.020 as now existing or hereafter amended.

1. To qualify for an exemption as an insurance agent, a person claiming the exemption must file with the city an affidavit setting forth a description of the business, the address and telephone number from which it is conducted, and an affirmation that the person doing business solely as an insurance agent and not as an insurance broker. (Ord. 1487 §§ 1, 2, 3, 1985; Ord. 30 § 5, 1959)

5.04.090 Purpose of chapter.

This chapter is declared to be enacted for the purpose of regulating and controlling businesses, and for the purpose of providing revenue for the city of Lynnwood. (Ord. 30 § 9, 1959)

5.04.110 Separate licenses – When required.

A separate license shall be obtained for each branch, establishment or separate location in which the business, calling, profession, trade, occupation or activity licensed by this title is carried on, and for each such different business, calling, profession, trade, occupation or activity carried on or device situated in any one location, and each license shall authorize the licensee to carry on, pursue or conduct only that business, calling, profession, trade, occupation or activity, or operate the device, vehicle or thing described in such license, and only at the location or in the manner indicated therein, except as may be specifically provided in this chapter. (Ord. 818 § 4, 1975)

5.04.120 Personal identification.

Whenever any person is an applicant for a license to be issued by the city, and the law or a regulation of the city requires that the applicant be of good moral character, or not have been convicted of a crime, or otherwise requires that the applicant be investigated regarding the application, the chief of police shall require the applicant to submit photographs and/or impressions of his fingerprints for the purpose of securing identification of the applicant, including submitting the same to any law enforcement agency or the identification section of the Washington State Patrol. (Ord. 974 § 1, 1978)

5.04.130 Penalty for violation of title.

Unless a specific penalty is prescribed in this title, and in addition to other powers, any violation of the provisions of this title as now or hereafter amended is a misdemeanor and shall be punished by a fine not to exceed $300.00 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. (Ord. 1089 § 1, 1979)