Chapter 5.02
BUSINESS LICENSES

Sections:

5.02.010    Definitions.

5.02.020    Business license required.

5.02.030    Exempt businesses.

5.02.040    Application procedure.

5.02.045    Procedures for issuance or denial of license.

5.02.050    Term of license.

5.02.060    Procedure for renewing licenses.

5.02.070    Fees – Penalty.

5.02.080    Ineligible activities.

5.02.090    Standards of conduct.

5.02.100    New location.

5.02.110    Suspension or revocation of licenses.

5.02.130    Sale or transfer of business – New license required.

5.02.140    Penalties for violation.

5.02.010 Definitions.

Except as otherwise expressly declared or clearly apparent from the content in which used, the following definitions shall be applied in construing the provisions of this chapter:

(1) “Person” means one or more natural persons of either sex, corporations, partnerships, associations or other entities capable of having an action at law brought against such entity, but shall not include employees of persons licensed pursuant to this chapter.

(2) “Business” means all services, activities, occupations, pursuits or professions located and/or performed within the city 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. This definition includes, without limitation, home occupations, peddlers, hawkers, and the rental of four or more residential dwelling units. It also includes the activities of businesses which are located outside the city where sales or services are solicited by the physical presence of business representatives inside the city, and it includes general and specialty contractors with offices outside the city who do work on property located inside the city. Businesses which are exempt from this chapter are listed in MMC 5.02.030. (Ord. 2744 § 1, 2008; Ord. 1717, 1989; Ord. 1498 § 2, 1986).

5.02.020 Business license required.

It is unlawful for any person to conduct, operate, engage in or practice any business in the city without having first obtained a business license from the city. If more than one separate business is conducted on a single premises, a separate license shall be required for each such business. If a business actively operates from more than one location in the city, a separate license shall be required for each location. (Ord. 2744 § 1, 2008; Ord. 1718, 1989; Ord. 1498 § 2, 1986).

5.02.030 Exempt businesses.

The following businesses shall be exempt from the licensing provisions of this chapter:

(1) Nonprofit activities carried on by religious, charitable, benevolent, fraternal or social organizations;

(2) Public utility companies;

(3) Any instrumentality of the United States, state of Washington, or political subdivision thereof with respect to the exercise of governmental functions;

(4) National banks, state banks, trust companies, mutual savings banks, credit unions and building and loan associations, with respect to their banking business, trust business, or savings and loan business;

(5) Farmers or gardeners selling their own unprocessed farm products raised or grown exclusively upon lands owned or occupied by them;

(6) Garage sales conducted on residential premises in compliance with the city zoning code;

(7) Businesses where the sale, or contract for services, occurred on business premises outside of the city, and the only event occurring within the city was the mere delivery of the goods or services to the customer or client;

(8) Any business which is owned and operated by a person under the age of 18, and which does not generate a net income of more than $1,500 per year;

(9) Any business which operates only during the annual Strawberry Festival, and which is authorized by the entity which holds the Strawberry Festival Master Permit;

(10) Any business which sublets or purchases space from a farmer’s market where the sponsor leases property owned by the city of Marysville; provided, the sponsor/lessee shall not be exempt from the business license requirements of this chapter. (Ord. 2744 § 1, 2008; Ord. 2618 § 1, 2006; Ord. 2437, 2002; Ord. 1701 § 1, 1989; Ord. 1498 § 2, 1986).

5.02.040 Application procedure.

(1) No business license shall be issued or renewed except upon written application made to the city of Marysville community development department or designated licensing official. Each application shall be signed by the person who intends to conduct, operate or engage in the business for which the license is to be issued, and shall state the nature of the business, its proposed address and telephone number, the names and addresses of all owners of the business (or their registered agent), and such other information as may be required by the city of Marysville community development department or designated licensing official. A nonrefundable application fee, in an amount equal to the annual license fee, shall accompany the application. In the event that the license is granted, the application fee shall be credited toward payment of the annual license fee.

(2) If the applicant is a partnership, the application must be made and signed 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.

(3) If the business premises are to be located on property owned by another person, the application shall include written evidence of the property owner’s consent.

(4) If the applicant or the business applying for a license is regulated, licensed or certified by any other governmental agency or professional association, the application must include written evidence of good standing with said regulatory authority. In such cases the continuing validity of the city business license shall be conditioned upon compliance with the requirements of the regulatory authority.

(5) Neither the filing of an application for a license or the renewal thereof, nor any payment of any application or renewal fee, shall authorize a person to engage in or conduct a business until such license has been granted or renewed. (Ord. 2744 § 1, 2008; Ord. 1751 §§ 1, 2, 1990; Ord. 1701 § 1, 1989; Ord. 1498 § 2, 1986).

5.02.045 Procedures for issuance or denial of license.

After receiving a complete application for a business license the city shall follow the following procedures:

(1) The city of Marysville community development department or designated licensing official shall forward copies of the application to appropriate city officials for their comments regarding compliance with regulations under their jurisdiction. The city of Marysville community development department or designated licensing official shall consider all materials and comments submitted and shall issue or deny the license within 20 working days after the date on which a completed application was filed unless the applicant agrees to an extension of said time period in writing.

(2) A business license may only be denied by the city of Marysville community development department or designated licensing official on one or more of the following grounds:

(a) If the business or the premises on which it is located do not comply with all applicable regulatory codes of the city, the Snohomish health district and the state of Washington;

(b) If the application is incomplete or if it contains any material misrepresentation;

(c) If the application does not propose adequate measures for the protection of public health, safety and welfare in terms of pedestrian and vehicular traffic control, security, avoidance of public nuisances and avoidance of consumer fraud.

(3) If the city of Marysville community development department or designated licensing official denies a license, written notice of said denial, stating the reasons therefor, shall be sent to the applicant within one working day thereafter. The applicant shall have a period of 10 working days after the date of license denial to appeal the same to the city’s hearing examiner. Upon receiving written notice of appeal the hearing examiner shall hold a public hearing within 21 days thereafter to consider, de novo, whether to issue or deny the license. The applicant shall be given not less than seven days’ advance written notice of the hearing. The decision of the hearing examiner shall be announced at the conclusion of the hearing and shall be final, subject only to a petition for writ of certiorari being filed with the Snohomish County Superior Court within 14 days following the date of the hearing examiner’s decision. (Ord. 2744 § 1, 2008; Ord. 1751 § 3, 1990; Ord. 1701 § 2, 1989).

5.02.050 Term of license.

All business licenses issued pursuant to the provisions of this chapter shall be valid for a period of one year after the receiving date is stamped on the application at City Hall; all renewals thereafter shall be for a period of one year commencing on the anniversary of said receiving date. (Ord. 2744 § 1, 2008; Ord. 1701 § 3, 1989; Ord. 1498 § 2, 1986).

5.02.060 Procedure for renewing licenses.

All business licenses issued pursuant to the provisions of this chapter may be renewed by following the procedures specified above for original applications; provided, that application forms for renewals may be abbreviated by only requesting updated or changed information. (Ord. 2744 § 1, 2008; Ord. 1701 § 4, 1989; Ord. 1498 § 2, 1986).

5.02.070 Fees – Penalty.

(1) The annual fee for each business license required by this chapter, and each renewal thereof, shall be as follows:

(a) All new businesses: $50.00;

(b) Renewals: $40.00;

(c) Short-term businesses: $7.00 per day.

(2) There shall be assessed a late payment penalty of $20.00 for each 30 days of delinquency after a license fee or renewal fee is due. This penalty shall be added to the license fee.

(3) Any business relocating to another address in the city shall pay an administrative transfer fee of $5.00 to have its business license reissued to reflect the new address. (Ord. 2744 § 1, 2008; Ord. 2580, 2005; Ord. 2566, 2005; Ord. 2340 § 1, 2000; Ord. 2288 § 1, 1999; Ord. 1701 § 5, 1989; Ord. 1498 § 2, 1986).

5.02.080 Ineligible activities.

Notwithstanding any other provisions of this chapter, a license hereunder may not be issued to or held by 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 or the statutes of the state of Washington or any other applicable law or regulation. The granting of a business license shall not authorize any person to engage in any activity prohibited by a federal, state or local law or regulation. (Ord. 2744 § 1, 2008; Ord. 1498 § 2, 1986).

5.02.090 Standards of conduct.

Every licensee under this chapter shall:

(1) Permit reasonable inspections of the business premises by governmental authorities for the purpose of enforcing the provisions of this chapter;

(2) Comply with all federal, state and city statutes, laws, regulations and ordinances relating to the business premises and the conduct of the business thereon;

(3) Refrain from unfair or deceptive acts or practices, or consumer fraud, in the conduct of the business, and avoid maintaining a public nuisance on the business premises;

(4) Refrain from operating the business after expiration of a license or during the period that the license may be suspended or revoked. (Ord. 2744 § 1, 2008; Ord. 1498 § 2, 1986).

5.02.100 New location.

A licensee shall have the right to change the location of the licensed business. Prior to such a change, the licensee shall notify the city of Marysville community development department or designated licensing official, in writing, and shall pay the administrative transfer fee specified above. (Ord. 2744 § 1, 2008; Ord. 1498 § 2, 1986).

5.02.110 Suspension or revocation of licenses.

(1) The hearing examiner may, at any time, suspend a business license whenever the licensee, or any manager, officer, director, agent or employee of the licensee, has caused, permitted or knowingly done any of the following:

(a) Failed to keep the building structure or equipment of the licensed premises in compliance with the applicable health, building, fire or safety laws, regulations or ordinances in a way which relates to or affects public health or safety on the business premises;

(b) Failed to comply with the standards of conduct specified in MMC 5.02.090.

Such suspension shall remain in effect until the conditions causing the suspension are cured and reasonable measures are taken to ensure that the same will not recur, as determined by the hearing examiner.

(2) The hearing examiner may, at any time, revoke a business license on any one or more of the following grounds:

(a) Whenever the city learns that the licensee or any manager, officer, director, agent or employee of the licensee made a material false statement or representation, or failed to disclose any material information to the city, in connection with any application for a business license or any renewal thereof;

(b) Whenever the licensee or any manager, officer, director, agent or employee of the licensee fails within a reasonable time to cure a condition that caused a license suspension;

(c) Whenever the licensee or any manager, officer, director, agent or employee of the licensee knowingly permits conduct on the licensed premises that violates any federal, state or city law or ordinance;

(d) Whenever the licensee or any manager, officer, director, agent or employee of the licensee knowingly engages in unfair or deceptive acts or practices in the conduct of the business;

(e) Whenever operation of the business constitutes a public nuisance which endangers persons or property.

(3) Whenever the city of Marysville community development department or designated licensing official determines that there is probable cause for suspending or revoking a business license, they shall notify the licensee by registered or certified mail, return receipt requested, of such determination. Notice mailed to the address on the license shall be deemed received three days after mailing. The notice shall specify the proposed grounds for suspension or revocation. The notice shall also specify that a hearing shall be conducted by the hearing examiner at a time and date denominated in the notice, not more than 21 days thereafter, to determine whether or not the license should be suspended or revoked. The notice shall be mailed to the licensee at least five days prior to the date set for the hearing. The licensee may appear at the hearing and be heard in opposition to such suspension or revocation. The decision of the hearing examiner shall be announced at the conclusion of the hearing and shall be final, subject only to a petition for writ of certiorari being filed with the Snohomish County Superior Court within 14 days following the date of the hearing examiner’s decision. (Ord. 2744 § 1, 2008; Ord. 1701 § 6, 1989; Ord. 1498 § 2, 1986).

5.02.130 Sale or transfer of business – New license required.

Upon the sale or transfer of any business which is licensed pursuant to this chapter, the license issued to the prior owner shall automatically expire on the date of such sale or transfer and the new owner shall apply for and obtain a new business license prior to engaging in, conducting or operating the business. (Ord. 2744 § 1, 2008; Ord. 1498 § 2, 1986).

5.02.140 Penalties for violation.

(1) Violations of, or failure to comply with, any provision of this chapter, shall constitute a civil infraction and any person found to have violated any provision of this chapter is punishable by a monetary penalty of not more than $100.00 for each such violation. Each day that a violation continues shall constitute a new and separate infraction.

(2) The imposition of a penalty for violation of this chapter shall be in addition to any other penalties provided for in any other ordinances of the city or any other ordinances or laws applicable to the violation, and any premises upon which a business is operated in violation of this chapter is hereby declared to be a public nuisance.

(3) Any license fee or penalty which is delinquent or unpaid shall constitute a debt to the city and may be collected by a court proceeding in the same manner as any other debt in like amount, which remedy shall be in addition to all other existing remedies.

(4) The city shall not enter into any contract or conduct any trade or commerce with any business which fails to comply with this chapter. (Ord. 2744 § 1, 2008; Ord. 1498 § 2, 1986).