Chapter 5.04
BUSINESS LICENSES
Sections:
5.04.040 Business license—Required.
5.04.050 Separate general business license required.
5.04.070 License fees—Payment.
5.04.075 Master exhibitor license—Application—Fee.
5.04.090 General business license—Application.
5.04.100 Duration of business license.
5.04.110 License renewal—Filing date.
5.04.140 Denial, suspension or revocation of licenses.
5.04.150 Display of license—Transferability.
5.04.160 Notice of right to suspend or revoke.
5.04.170 Licenses subject to specific controls.
5.04.010 Purpose.
The provisions of this chapter shall be an exercise of the power of the city to license for the purpose of revenue and regulation. (Ord. 648 § 1 (part), 2014: Ord. 642 § 1 (part), 2014: Ord. 641 § 1 (part), 2014: Ord. 352 § 3, 1988)
5.04.020 Definitions.
As used in this chapter, the following words or terms shall have the following meanings:
A. “Business” means a person or entity engaging in business as further set forth below.
B. “Business license” means the document indicating the licenses and registrations that have been issued to a business through the Business Licensing Service.
C. “Business Licensing Service” means the office within the State Department of Revenue administering the application and renewal of the city business registration, and issuing the business license on behalf of the city.
D. “City” means the city of Bridgeport, Washington.
E. “Engaging in business” means commencing, conducting, or continuing in business, and also the exercise of corporate or franchise powers, as well as liquidating a business when the liquidators thereof hold themselves out to the public as conducting such business.
1. This section sets forth examples of activities that constitute engaging in business in the city, and establishes safe harbors for certain of those activities so that a person who meets the criteria may engage in de minimus business activities in the city without having to pay a business license fee. The activities listed in this section are illustrative only and are not intended to narrow the definition of “engaging in business” in subsection (E) of this section. If an activity is not listed, whether it constitutes engaging in business in the city shall be determined by considering all the facts and circumstances and applicable law.
2. Without being all-inclusive, any one of the following activities conducted within the city by a person, or its employee, agent, representative, independent contractor, broker or another acting on its behalf, constitutes engaging in business and requires a person to register and obtain a business license as further set forth in this chapter:
a. Owning, renting, leasing, maintaining, or having the right to use, or using, tangible personal property, intangible personal property, or real property permanently or temporarily located in the city.
b. Owning, renting, leasing, using, or maintaining an office, place of business, or other establishment in the city.
c. Soliciting sales.
d. Making repairs or providing maintenance or service to real or tangible personal property, including warranty work and property maintenance.
e. Providing technical assistance or service, including quality control, product inspections, warranty work, or similar services on or in connection with tangible personal property sold by the person or on its behalf.
f. Installing, constructing, or supervising installation or construction of real or tangible personal property.
g. Soliciting, negotiating, or approving franchise, license, or other similar agreements.
h. Collecting current or delinquent accounts.
i. Picking up and transporting tangible personal property, solid waste, construction debris, or excavated materials.
j. Providing disinfecting and pest control services, employment and labor pool services, home nursing care, janitorial services, appraising, landscape architectural services, security system services, surveying, and real estate services including the listing of homes and managing real property.
k. Rendering professional services such as those provided by accountants, architects, attorneys, auctioneers, consultants, engineers, professional athletes, barbers, baseball clubs and other sports organizations, chemists, consultants, psychologists, court reporters, dentists, doctors, detectives, laboratory operators, teachers, and veterinarians.
l. Meeting with customers or potential customers, even when no sales or orders are solicited at the meetings.
m. Training or recruiting agents, representatives, independent contractors, brokers or others, domiciled or operating on a job in the city, acting on its behalf, or for customers or potential customers.
n. Investigating, resolving, or otherwise assisting in resolving customer complaints.
o. In-store stocking or manipulating products or goods, sold to or owned by a customer, regardless of where sale and delivery of the goods took place.
p. Delivering goods in vehicles owned, rented, leased, used, or maintained by the person or another acting on its behalf.
3. If a person, or its employee, agent, representative, independent contractor, broker or another acting on the person’s behalf, engages in no other activities in or with the city but the following, it need not register and obtain a business license:
a. Meeting with suppliers of goods and services as a customer.
b. Meeting government representatives in their official capacity, other than those performing contracting or purchasing functions.
c. Attending meetings, such as board meetings, retreats, seminars, and conferences, or other meetings, wherein the person does not provide training in connection with tangible personal property sold by the person or on its behalf. This provision does not apply to any board of directors member or attendee engaging in business such as a member of a board of directors who attends a board meeting.
d. Renting tangible or intangible property as a customer when the property is not used in the city.
e. Attending, but not participating in, a trade show or multiple vendor events. Persons participating at a trade show shall review the city’s trade show or multiple vendor event ordinances.
f. Conducting advertising through the mail.
g. Soliciting sales by phone from a location outside the city.
4. A seller located outside the city merely delivering goods into the city by means of common carrier is not required to register and obtain a business license; provided, that it engages in no other business activities in the city. Such activities do not include those in subsection (E)(3) of this section.
The city expressly intends that engaging in business include any activity sufficient to establish nexus for purposes of applying the license fee under the law and the Constitutions of the United States and the State of Washington. Nexus is presumed to continue as long as the taxpayer benefits from the activity that constituted the original nexus generating contract or subsequent contracts.
F. “Person” means any individual, company, partnership, receiver, assignee, trustee in bankruptcy, trust, estate, firm, joint venture, club, corporation, association, society or any individual or group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit or otherwise. (Ord. 690 § 1, 2018: Ord. 648 § 1 (part), 2014: Ord. 642 § 1 (part), 2014: Ord. 641 § 1 (part), 2014: Ord. 352, § 20, 1998)
5.04.030 Scope.
All persons who engage in business activities or occupations within the city as set forth in this chapter are subject to the provisions of this chapter unless specifically exempted. (Ord. 648 § 1 (part), 2014: Ord. 642 § 1 (part), 2014: Ord. 641 § 1 (part), 2014: 352 § 4, 1988)
5.04.040 Business license—Required.
Unless exempted under Section 5.04.020 or 5.04.180, it is unlawful for any person to engage in business in the city without having first obtained and being the holder of a valid and subsisting business license, or master exhibitor license (if applicable), and paying the fees prescribed in this chapter. (Ord. 690 § 2, 2018: Ord. 648 § 1 (part), 2014: Ord. 642 § 1 (part), 2014: Ord. 641 § 1 (part), 2014: Ord. 352 § 5, 1998)
5.04.050 Separate general business license required.
Each physical branch, establishment, or location engaging in business must be licensed separately. Each business license authorizes the licensee to engage in business activity only at that location identified on the license. If more than one business activity is carried on in the same building, but in a different location within the building, a separate license must be obtained for each business location in the building. If more than one business owner engages in business at the same physical location, each owner must obtain a separate business license for their own business. (Ord. 690 § 3, 2018: Ord. 648 § 1 (part), 2014: Ord. 642 § 1 (part), 2014: Ord. 641 § 1 (part), 2014: Ord. 618 § 1, 2012: Ord. 352 § 6, 1988)
5.04.070 License fees—Payment.
A. There is levied to be collected, from any person engaging in business in the city, annual license fees in such amounts as are established by city council resolution for both the original application and renewal of the following types of business license:
1. Home occupation (business conducted within a home);
2. Resident commercial business (business conducted from the place of business located in a nonresidential zone within the city);
3. Nonresident commercial business (business conducted inside the city, originating from a place of business located outside the city).
B. The annual business license fee shall be established from time to time by resolution of the city council.
C. The annual license fee is due at the time of initial application or renewal of a business license. The annual business license fee amount may be prorated to allow synchronizing the license expiration date with the expiration date established by the Business Licensing Service.
D. The total fees due include the Business Licensing Service handling fees authorized under RCW 19.02.075 and WAC 458-02-200. A late renewal filing may also be assessed the late fee authorized in RCW 19.02.085. (Ord. 648 § 1 (part), 2014: Ord. 642 § 1 (part), 2014: Ord. 641 § 1 (part), 2014: Ord. 352, § 7, 1998)
5.04.075 Master exhibitor license—Application—Fee.
A “master exhibitor license,” subject to approval by the city, allows persons or entities to sponsor carnivals, exhibitions or other like events in the city at which multiple persons participate in business related activity, and that do not extend beyond five consecutive calendar days per event, and occur no more frequently than twice in a calendar year. The master exhibitor’s license is valid only for the single event for which it is issued, and is separate from and instead of the general business license as otherwise provided in this chapter. The master exhibitor’s license is available by filing an application on a form prescribed by the city with the city clerk/treasurer, and paying the associated fee established by resolution of the city council. The completed application and payment must be submitted for review and approval by the city a minimum of thirty calendar days prior to the first scheduled date of the event, and must include a complete and accurate list of the names and addresses of all persons participating in any portion of the event. Dependant on the activities included in an event, the event sponsor may be required to also obtain a dance license, family function permit, or other special event permit to comply with respective provisions of the city code. If event participants also conduct business in the city other than during the event covered by the master exhibitor license, those participants are required to have a business license as provided in this chapter. (Ord. 648 § 1 (part), 2014)
5.04.090 General business license—Application.
A. Application for a business license is made by submitting a completed business license application with all appropriate addenda and fees due to the Business Licensing Service.
B. The application must include:
1. The name of the applicant;
2. His/her residence;
3. The address of the principal place of the applicant;
4. The nature and/or type of business to be conducted;
5. The number of current employees of the applicant’s business;
6. Other information as may be required to complete an application through the Business Licensing Service. (Ord. 648 § 1 (part), 2014: Ord. 642 § 1 (part), 2014: Ord. 641 § 1 (part), 2014: Ord. 352 § 12, 1998)
5.04.100 Duration of business license.
Any business license issued pursuant to the provisions of this chapter expires on the date established by the Business Licensing Service, unless sooner expired, suspended, or revoked in the manner provided in this chapter. (Ord. 648 § 1 (part), 2014: Ord. 642 § 1 (part), 2014: Ord. 641 § 1 (part), 2014: Ord. 352 § 8, 1998)
5.04.110 License renewal—Filing date.
Applications for renewal of a business license shall be made on or before the expiration date provided for in this chapter. All licenses issued subsequent to the original business license shall be deemed renewal licenses if there has been no discontinuance of the licensee’s business operation or activities at the licensed premises. (Ord. 648 § 1 (part), 2014: Ord. 642 § 1 (part), 2014: Ord. 641 § 1 (part), 2014: Ord. 352 § 9, 1998)
5.04.130 Refund request.
If, pursuant to the provisions of this chapter, the applicant’s request for a business license or master exhibitor’s license is denied, either upon original application or renewal, one hundred percent of the fee tendered may be refunded to the applicant no later than ninety days following such denial; provided, that no refund shall be made where, during the pendency of the original application, the applicant has engaged in the business activity for which the business license or master exhibitor’s license was intended, and in that case such amount shall be forfeited to the city. (Ord. 648 § 1 (part), 2014: Ord. 642 § 1 (part), 2014: Ord. 641 § 1 (part), 2014: Ord. 352 § 11, 1998)
5.04.140 Denial, suspension or revocation of licenses.
A. The city clerk may deny, or instruct the Business Licensing Service to deny, an application for a business license or master exhibitor’s license, or refuse to license any business or activity upon a written finding that:
1. Such business or activity proposed for licensing is not in compliance with or is unlawful or prohibited by any applicable city, state, or federal law or regulation; or
2. Such business or activity proposed for licensing may be detrimental to public peace, health, or welfare.
B. The city clerk may revoke or suspend any business license or master exhibitor’s license at any time on the following grounds:
1. The license was procured by fraud or false representation of facts;
2. The applicant or licensee or any of its servants, agents or employees, while acting within the scope of their employment, has violated or failed to comply with any of the ordinances of the city; provided, that this section shall not apply to traffic violations or to violations of ordinances when said violations are corrected within a period of thirty days from the date of the violation or when said violations are deemed not significant by the city clerk;
3. The licensee or any of its servants, agents or employees has been convicted of either a felony or misdemeanor involving moral turpitude, or involving fraud or an attempt to defraud while acting within the scope of their employment; or
4. The business activity for which the license was issued is or has become unlawful or prohibited by any applicable city, state, or federal law or regulation, including zoning regulation.
C. The city clerk, upon finding that one or more of the above cited conditions exist, shall suspend the business license for a period of thirty days in case of a first violation and revoke the business license in cases involving a second violation. (Ord. 690 § 4, 2018: Ord. 648 § 1 (part), 2014: Ord. 642 § 1 (part), 2014: Ord. 641 § 1 (part), 2014: Ord. 352 § 13, 1988)
5.04.150 Display of license—Transferability.
A. All business licenses and master exhibitor’s licenses issued pursuant to this chapter authorizing the licensee to engage in business at a specified location shall be posted in a conspicuous place at such location, and such license shall not be tampered with in any manner; provided, however, that when the licensee has no established place of business and goes from place to place or from house to house, then such license will be carried on the person of such licensee while actually engaged in business.
B. License—Unlawful Use.
1. It is unlawful for any person to use, or permit to be used, any license, except those issued through the Business Licensing Service by authority of the city clerk in conformity with the provisions of this chapter.
2. It is unlawful for any person to make, or manufacture, any licenses, except upon order of the city clerk.
C. Licenses—Not Transferable. No business license or master exhibitor’s license issued under provisions of this chapter shall be transferable or assignable, unless specifically provided otherwise.
D. All city business licenses issued through the Business Licensing Service by authority of the city clerk, or master exhibitor’s licenses, are and remain the property of the city and, if found in the possession of any person other than the licensee or its servants, agents or employees, such license shall be immediately confiscated by officials of the city. (Ord. 690 § 5, 2018: Ord. 648 § 1 (part), 2014: Ord. 642 § 1 (part), 2014: Ord. 641 § 1 (part), 2014: Ord. 352 § 14, 1988)
5.04.160 Notice of right to suspend or revoke.
Every business license and/or master exhibitor’s license issued pursuant to the provisions of this chapter is subject to suspension or revocation in the manner provided in this chapter. (Ord. 648 § 1 (part), 2014: Ord. 642 § 1 (part), 2014: Ord. 641 § 1 (part), 2014: Ord. 352 § 15, 1988)
5.04.170 Licenses subject to specific controls.
Business licenses, including master exhibitor’s licenses, issued under the provisions of this chapter and the activities conducted by the licensee holding the business or master exhibitor’s license are subject to all ordinances and regulations enacted by the city. In the event of a conflict between any of the provisions of this chapter and another ordinance or regulation enacted by the city to control a specific business activity, the control established by the specific ordinance or regulation supersedes any conflicting portions of this chapter. (Ord. 648 § 1 (part), 2014: Ord. 642 § 1 (part), 2014: Ord. 641 § 1 (part), 2014: Ord. 352 § 16, 1988)
5.04.180 Exemptions.
A. The business licensing requirements of this chapter do not apply to the following:
1. Any person, firm, company or corporation for mere delivery in the city of any property purchased or acquired in good faith for such person at his regular place of business outside the city where no intent by such person is shown to exist to evade the provisions of this chapter.
2. Any instrument of the United States, state of Washington, or political subdivision thereof with respect to the exercise of governmental functions.
3. Any farmer, gardener, or other person who shall sell, deliver or peddle any fruits, vegetables, berries, butter, eggs, fish, milk, poultry, meats, or any farm produced or manufactured items by such person in this state as provided by RCW 36.71.090(1); provided, however, such farm produced or manufactured items are not prohibited by federal or state law.
4. Persons under the age of eighteen years.
5. Any person or business whose annual value of products, gross proceeds of sales, or gross income of the business in the city is equal to or less than two thousand dollars and who does not maintain a place of business within the city. This threshold does not apply to regulatory license requirements or activities that require a specialized permit.
B. Nonprofit entities properly registered as such with the Washington Secretary of State engaging in business must comply with the business licensing requirements provided in this chapter but are exempt from the business license fee established in this chapter. (Ord. 690 § 6, 2018: Ord. 648 § 1 (part), 2014: Ord. 642 § 1 (part), 2014: Ord. 641 § 1 (part), 2014: Ord. 352 § 17, 1988)
5.04.190 Separate offenses.
Each day that any person, firm, corporation or association shall engage in business or other activity for which a license is required without having procured a valid existing business license or master exhibitor’s license as provided for by this chapter may constitute a separate offense and be punished as such. (Ord. 690 § 7, 2018: Ord. 648 § 1 (part), 2014: Ord. 642 § 1 (part), 2014: Ord. 641 § 1 (part), 2014: Ord. 352 § 18, 1988)
5.04.200 Violation—Penalty.
A. Any person, firm, corporation or association violating the terms of this chapter shall be guilty of a civil infraction and shall be punished by a fine not to exceed five hundred dollars.
B. Principal Offender Defined. Every person concerned in any act or omission in violation of this chapter, or aids or abets the same, whether present or absent, and every person who directly or indirectly counsels, encourages, hires, commands, induces or otherwise procures another to commit such violation is, and shall be, a principal under the terms of this title and may be proceeded against and prosecuted as such. (Ord. 648 § 1 (part), 2014: Ord. 642 § 1 (part), 2014: Ord. 641 § 1 (part), 2014: Ord. 352 § 19, 1988)