Chapter 6.04
BUSINESS LICENSES GENERALLY
Sections:
6.04.030 Business license required.
6.04.040 Businesses located outside city limits.
6.04.055 Repealed.
6.04.060 Repealed.
6.04.070 Applicable regulations.
6.04.080 Temporary business licenses.
6.04.090 Repealed.
6.04.100 Procedure for issuance of license.
6.04.110 Determination of license fee.
6.04.130 License fee in addition to others.
6.04.140 Inspections – Right of entry.
6.04.160 Enforcement and penalties.
6.04.010 Purpose.
The purpose of this chapter is to regulate and ensure the legal conduct of businesses, assist in the effective administration of health, fire, building, zoning and other codes of the city, to impose fees for revenue purposes, and to provide a means for obtaining public information and compiling statistical information on existing and new businesses in the city. (Ord. 16-18 § 1, 2018; Ord. 04-04 § 2, 2004).
6.04.020 Definitions.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given in this section:
“Home occupation” means any business conducted within a dwelling for which a home occupation permit is required pursuant to BMC Title 19.
“License” or “licensee,” as used generally in this chapter, means and includes respectively the words “permit” or “permittee” or the holder for any use or period of time of any similar privilege, wherever relevant to any provision of this chapter or other law or ordinance.
“Nonprofit organization” includes individual person(s), partnerships, joint ventures, societies, associations, churches, clubs, trustees, trusts or corporations; or any officers, agents, employees, factors or any kind of personal representatives of any thereof, in any capacity, acting either for himself or any other person under either personal appointment or pursuant to law who qualifies under definition of and certification by the Internal Revenue Service as nonprofit.
“Peddler” or “Solicitor.” Any person, either as principal or agent, who carries goods, wares, services and merchandise, articles, things or personal property of whatever name, nature or description from house to house, place to place, or upon any street, highway or public place within the city, for sale, is defined to be a peddler within the meaning of this chapter; any person who goes from house to house, dwelling place to dwelling place or upon any street, highway or public place within the city, soliciting or taking orders for the purchase or sale of goods, wares, services or merchandise, articles, things or personal property of whatever name, nature or description to be delivered in the future, is also defined to be a peddler within the meaning of this chapter.
“Premises” means and includes all lands, structures and places, and also any personal property which is either fixed to, or is otherwise used in connection with any such business conducted on such premises.
“Temporary business” shall mean and include all businesses of a transitory nature or fixed duration, at a fixed location on public or private property not within a permanent structure or building, including, but not limited to:
(1) Circuses, carnivals, rodeos, fairs, or similar transient amusement or recreational activities other than adult entertainment;
(2) Christmas tree sales lots and flower stands;
(3) Indoor or outdoor special sales, including swap meets, parking lot sales, warehouse sales or similar activities;
(4) Garage sales and flea markets which exceed three consecutive days in length;
(5) Temporary stands for the sale of items such as food, toys, jewelry, goods, art, crafts, firewood; and
(6) Any other similar use of a transitory nature or fixed duration, such as peddling or door-to-door sales as defined in this section.
“Transient business operator” (or “transient merchant”) means any person either as principal or agent who sells goods, wares, food, beverage, services or merchandise at a fixed location on public or private property not within a permanent structure or building. A permanent structure or building is one which rests on a foundation and which substantially complies with the Uniform Building Code.
“Year” means a calendar year. (Ord. 16-18 § 1, 2018; Ord. 04-04 § 2, 2004).
6.04.030 Business license required.
(1) All persons engaging in business in the city of Buckley shall first have been issued a business license unless such activity is exempt as provided in BMC 6.04.050.
(2) All licenses issued pursuant to the provisions of this title shall be displayed in a prominent and conspicuous location at the premises. If the person is engaged in business within the city and does not conduct it upon premises then he/she shall carry the license upon his/her person.
(3) The term “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.
(4) 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 minimis 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 (3) 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.
(5) Without being all inclusive, any 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.
(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 sport organizations, chemists, psychologists, court reporters, dentists, doctors, detectives, laboratory operators, teachers, 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 and 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.
(6) 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 with 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 director 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.
(7) 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 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 contact or subsequent contacts. (Ord. 16-18 § 1, 2018; Ord. 04-04 § 2, 2004).
6.04.040 Businesses located outside city limits.
Unless otherwise exempt, this chapter covers and applies to any business located outside the city that engages in some business activity inside the city limits of the city of Buckley. (Ord. 16-18 § 1, 2018; Ord. 04-04 § 2, 2004).
6.04.050 Exemptions.
The following shall be exempt from the provisions of this chapter:
(1) Casual or isolated sales made by persons who are not engaged in the ongoing business of selling the type of property involved; providing, that not more than four such sales events are made during any tax year.
(2) Businesses where the sale or contract for services occurs on business premises outside of the city and the only event occurring within the city is the mere delivery of the goods or services to the customer or client by common carrier.
(3) Minors engaged in baby-sitting, delivery of newspapers, lawn mowing, car washing, and similar activities.
(4) Any instrumentality of the United States, state of Washington, or any political subdivision thereof, with respect to the exercise of governmental functions.
(5) Special events sponsored by the city and nonprofit community festivals including participating commercial peddlers/vendors; provided, that:
(a) The business does not operate within the city more than five consecutive days;
(b) The business does not operate within the city more than 12 days in a calendar year; and
(c) The business is authorized to participate in the community festival by the sponsor of the festival.
(6) Nonprofit organizations, including but not limited to religious, civic, charitable, benevolent, nonprofit, cultural or youth organizations.
(7) Any farmer, gardener or other person who sells, delivers or peddles any fruit, vegetables, berries, butter, eggs, fish, milk, poultry or meats or any farm produce or edibles raised, gathered, caught, produced or manufactured by such person in any place in this state (RCW 36.71.090).
(8) 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 $2,000 and who does not maintain a place of business within the city shall be exempt from the general business license requirements in this chapter. (Ord. 16-18 § 1, 2018; Ord. 04-04 § 2, 2004).
6.04.055 Exemptions – Fee waiver.
Repealed by Ord. 16-18. (Ord. 14-04 § 1, 2004).
6.04.060 Application for exemption required.
Repealed by Ord. 16-18. (Ord. 04-04 § 2, 2004).
6.04.070 Applicable regulations.
(1) Agents Responsible for Obtaining License. The representatives of nonresidents who are doing business in the city shall be personally responsible for the compliance of their principals, and the businesses they represent, with this chapter.
(2) Separate License for Branch Establishments. A license shall be obtained in the manner prescribed in this chapter for each branch establishment or location of the business engaged in, as if each branch establishment or location were a separate business; provided, that warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this chapter shall not be deemed to be separate places of business or branch establishments. Location of such warehouses and distributing plants shall be shown on the application for the business license, and must comply with the provisions of all city codes.
(3) Joint Operation. A person engaged in two or more businesses at the same location shall be required to obtain separate licenses for conducting each of the businesses.
(4) Seasonal Sales License.
(a) A seasonal sales license may be acquired for the purpose of:
(i) Selling concessions at a concession stand at sporting events, such as softball games, baseball games and football games;
(ii) Selling ice cream, other dairy products and related products, which do not meet the exempt status of BMC 6.04.050(7), from a motor vehicle;
(iii) Selling seasonal perishables such as fresh fruits and vegetables, which do not meet the exempt status of BMC 6.04.050(7); and
(iv) Selling such items such as food, toys, jewelry, goods, art and/or crafts from a temporary stand when associated and located at the city Saturday Market.
(b) In order to obtain the license for concessions, seasonal perishables, or a temporary stand located at the Saturday Market, a seasonal business license must be obtained from the city clerk. The application shall require the applicant to provide, at a minimum, the following information:
(i) The name of the applicant and all persons to be employed by the applicant within the city;
(ii) The applicant’s employer’s business address and state tax identification number;
(iii) The requested dates and the location of anticipated sales;
(iv) Such other information as the city clerk finds necessary in order to run background checks on the applicant, his agent/employees and the applicant’s employer.
(c) Seasonal sales permits shall be valid for a duration not to exceed 120 days of use in a calendar year and the application shall be accompanied by a fee established by resolution of the city council.
(d) The city administrator may restrict the hours of operation, the dates of operation, and the locations of operation should he find that it is necessary to do so in order to protect the public health, safety and welfare. The applicant may appeal said restrictions to the city council pursuant to the appeal process in BMC 6.04.150.
(e) It shall be a violation of this section to operate such business except within the times, dates and other restrictions placed upon the seasonal sales license.
(5) Special Event/Festival License.
(a) A special event/festival license may be acquired for the purpose of:
(i) Conducting a one-time special event such as a carnival, community festival, outdoor affair and sales, and events of a similar nature not to exceed three consecutive calendar days per event.
(b) Special event licenses shall be issued to one individual and/or sponsoring agency and shall cover all vendors participating in the event.
(c) In order to obtain a special event license, a city event application must be submitted to the city clerk that includes the following information:
(i) The name of the applicant and/or sponsoring agency and a contact person;
(ii) The applicant’s and/or sponsoring agency’s business address;
(iii) A contact and business name along with state identification number for each vendor participating in the event;
(iv) The requested dates and the location of the anticipated event;
(v) Such other information as the city administrator finds necessary in order to protect the public heath, safety and welfare.
(d) Special event licenses shall be valid for a period not to exceed three consecutive days per event and the application shall be accompanied by a fee established by resolution of the city council.
(e) The city administrator may restrict the hours of operation, the dates of operation, and the locations of operation should he find that it is necessary to do so in order to protect the public health, safety and welfare. The applicant may appeal said restrictions to the city council pursuant to the appeal process in BMC 6.04.150.
(6) Adult Business License. In addition to satisfying the requirements of this chapter, individual(s) applying for a business license to operate an adult entertainment facility as defined in BMC 6.12.030 must also satisfy all requirements specified in Chapter 6.12 BMC for the licensing and operation of such adult entertainment facility.
(7) Home Occupations. In addition to satisfying the requirements of this chapter, individual(s) applying for a business license to operate a home-based business (home occupation) from their dwelling as defined in BMC 6.04.020 and 19.12.245 must also satisfy all requirements specified in Chapter 19.32 BMC for the licensing and operation of such home occupation. (Ord. 16-18 § 1, 2018; Ord. 10-08 § 1, 2008; Ord. 06-07 § 1, 2007; Ord. 03-06 § 2, 2006; Ord. 04-04 § 2, 2004).
6.04.080 Temporary business licenses.
(1) The city administrator shall be authorized to issue temporary business licenses for a duration not to exceed 120 days in a calendar year for any temporary or transient business as defined in BMC 6.04.020; provided, however, the city administrator may impose restrictions upon the license for the protection of the public, where appropriate, as follows:
(a) Hours of operation shall be limited so as to protect the public from unnecessary noise, light and traffic congestion.
(b) The location of operations may be limited to protect the public health, safety and welfare; however, the license may be obtained only for operations within the RB, B-1, B-2, IP and P zones.
(c) No temporary business shall be operated on any site without the express consent of the owner thereof. The applicant shall be required to provide a signed consent from the property owner prior to the issuance of a license.
(d) Other than those business activities exempted in BMC 6.04.050(1) through (8), no peddling, solicitation or door-to-door sales shall be permitted in residential areas of the city.
(e) In conducting the temporary business, the applicant shall comply with all state and federal laws, and all city ordinances and resolutions which are applicable to the use or the conduct thereof.
(f) Each site occupied by a temporary business shall be kept free of debris and litter, and upon completion or removal of the temporary business, all debris, litter or other evidence of the temporary business shall be removed.
(g) Each site occupied by a temporary business must provide or have available sufficient off-street parking and vehicular maneuvering area and access for customers. Each such site must provide safe and efficient interior circulation and ingress and egress from a public right-of-way.
(h) In the event that a temporary business is conducted within an established parking area, no more than 25 percent of the parking spaces may be occupied by or devoted to the temporary business use.
(i) No temporary business shall occupy or be conducted on public rights-of-way, parks or other public lands in any manner unless specifically approved by the city council. In the event that such occupation or use is authorized, the applicant shall be required to furnish liability insurance with the city as a named insured, in an amount to be determined by the city administrator commensurate with the risk associated with the conduct of the temporary business.
(j) All signs used in connection with any temporary business shall comply with the applicable sign regulations of the city.
(k) All temporary businesses shall obtain, prior to the conduct of the business or occupancy of any site, all required city permits, licenses or other approvals, e.g., building permits, conditional use permits, etc.
(l) The licensee shall maintain a current state retail sales tax number on file with the city for the duration of the temporary business. All applicants shall utilize the city sales tax number (2702) when filing their sales tax reports with the state for all items sold within the city.
(m) The temporary business shall comply with all applicable standards of the county health department.
(n) No temporary business shall adversely impact the public health, safety, or convenience, or create traffic hazards or congestion, or otherwise interrupt or interfere with the normal conduct of uses and activities in the vicinity.
(o) All personnel engaged in the temporary business shall remain fully clothed at all times and shall be neat and orderly in appearance.
(p) Temporary businesses shall not use loud- speakers or other mechanical or audio devices which project sound beyond the area occupied by the temporary business. Vendors shall not yell, shout or hawk their goods or services in such a manner that sound is audible beyond the immediate premises on which the temporary business is conducted.
(q) The city administrator may impose other regulations reasonably related to the health, safety and welfare of the citizens of the city before the granting of a temporary business license under this section.
(2) When the city administrator determines that there may be excessive liability or danger to the city or its citizens, the city administrator shall submit the temporary business license application to the city council and the council shall make final determination as to whether the temporary business license should issue.
(3) Applicants for a temporary business permit shall apply for the license as set forth in BMC 6.04.100 and shall pay the fees as set forth in BMC 6.04.110. Any licensee or affiliated entity may apply for no more than one permit in any calendar year. (Ord. 16-18 § 1, 2018; Ord. 04-04 § 2, 2004).
6.04.090 Duties of city administrator.
Repealed by Ord. 16-18. (Ord. 04-04 § 2, 2004).
6.04.100 Procedure for issuance of license.
(1) Every person required to procure a business license under the provisions of any ordinance or regulation of the city shall submit an application for such license through the Business Licensing Service division of the Washington State Department of Revenue at https://bls.dor.wa.gov/.
(2) Once the application has been completed online, the application is forwarded to the city for review. If approved, the city will notify the Business Licensing Service, at which time the applicant is able to print off a copy of their license and an original license will be mailed to the applicant in approximately seven to 10 days.
(3) If the city denies the business license application, the applicant will be notified by the city regarding all additional information required by the city in order to approve the business license. (Ord. 16-18 § 1, 2018; Ord. 04-04 § 2, 2004).
6.04.110 Determination of license fee.
License fees shall be in the amounts listed within the city’s taxes, rates and fees schedule established by resolution of the city council. (Ord. 16-18 § 1, 2018; Ord. 13-08 § 3, 2008; Ord. 04-04 § 2, 2004).
6.04.120 Mailing of notices.
Any notices required by this chapter to be mailed to any licensee or applicant shall be sent by regular mail, addressed to the address of the licensee or applicant as shown by the records of the city clerk, or if no such address is shown, to such address as the city clerk is able to ascertain by reasonable effort. Failure of the licensee or applicant to receive such mailed notice shall not release the licensee or applicant from any fees or penalties thereon, nor shall such failure to receive such notice extend any time limit set by the provisions of this chapter. (Ord. 16-18 § 1, 2018; Ord. 04-04 § 2, 2004).
6.04.130 License fee in addition to others.
The license fee levied in this section shall be in addition to any other fees provided for in any other ordinance or chapter of this code, except as otherwise expressly provided in this chapter. (Ord. 16-18 § 1, 2018; Ord. 04-04 § 2, 2004).
6.04.140 Inspections – Right of entry.
The city administrator or designee, specifically including the code enforcement officer, the building official, the police department, or the fire district, are authorized to make such inspections of premises during business hours and take such action as may be required to enforce the provisions of this chapter or any other ordinance regulating businesses. (Ord. 16-18 § 1, 2018; Ord. 04-04 § 2, 2004).
6.04.150 Appeals.
Any person aggrieved by a determination of the city of Buckley administrator may appeal such determination to the city council pursuant to this section.
(1) An applicant or licensee under this chapter must appeal the decision for revocation, suspension, or denial within 10 days of the mailing of the notice of revocation, suspension, or denial by filing a notice of appeal with the city administrator. Upon receipt by the city administrator of the appeal notice, a hearing shall be held before the city council. Notice of the hearing shall be given to the appellant at least 10 days prior to the hearing. At such hearing, the appellant shall be entitled to be heard and introduce evidence on his or her own behalf.
(2) The decision by the city council shall be rendered within five days of the close of the hearing. The decision shall be in writing and shall:
(a) Affirm the city administrator’s decision; or
(b) Revise or modify the city administrator’s decision.
(3) The decision by the city council is final unless an appeal of the decision of the city council is filed with superior court within 21 calendar days from the date the city council’s decision was personally served upon or was mailed to the appellant. The decision for suspension or revocation of a license under this chapter shall be stayed during administrative and judicial review, but refusal to issue an initial license shall not be stayed. (Ord. 16-18 § 1, 2018; Ord. 04-04 § 2, 2004).
6.04.160 Enforcement and penalties.
(1) It is unlawful for any person, either directly or indirectly, to conduct any business for which a license or permit is required by any regulation or ordinance of the city without a license or permit therefor being first procured and kept in effect at all such times as required by this chapter or other regulation or ordinance of the city.
(2) Any license fee due, unpaid and delinquent under this chapter, and all penalties thereon, may be collected by civil action, which remedy shall be in addition to any and all other existing remedies and penalties provided by other sections of this code.
(3) The city administrator may revoke the license issued to any licensee who shall fail to comply with any of the provisions of this chapter. Notice of such revocation shall be mailed to the licensee by the city administrator, and on and after the date thereof any such licensee who continues to engage in business shall be deemed to be operating without a license and shall be subject to any or all penalties herein provided.
(4) The city administrator shall revoke the business and occupation license issued to any licensee who shall fail to comply with any of the provisions of the municipal code requiring such licensee to procure and maintain any other regulatory or revenue license, and to pay taxes to the city, whether sales tax, use tax, gambling tax or other tax imposed by the city or the state upon such licensee. (Ord. 16-18 § 1, 2018; Ord. 04-04 § 2, 2004).