Chapter 5.76
MISCELLANEOUS BUSINESSES
5.76.000 Chapter Contents
Sections:
5.76.010 License required.
5.76.020 License required – Posting.
5.76.030 License application filing.
5.76.040 License fees.
5.76.050 Suspension or revocation of licenses – Hearing.
5.76.060 License terms and expirations.
5.76.070 Violations – Misdemeanor – Gross misdemeanor – Civil infraction.
5.76.010 License required
It is unlawful for any person, firm or corporation to engage in any of the businesses, trades or occupations enumerated in this chapter within the corporate limits of the City without having first obtained a license therefor as provided in this chapter. Any business not mentioned elsewhere in Title 5 of the OMC shall make application at the State of Washington Department of Revenue Business License Service for a business license.
(Ord. 6819 §5, 2012; Ord. 6694 §18, 2010; Ord. 2569 §2, 1947. Formerly 5.76.020).
5.76.020 License required – Posting
The license provided for herein shall be posted and shall remain posted in a conspicuous place in the place of business of the licensee.
(Ord. 6819 §5, 2012; Ord. 6694 §18, 2010; Ord. 2569 §2, 1947).
5.76.030 License application filing
Application for licenses shall be made as provided in Section 5.02.020.
(Ord. 6819 §5, 2012; Ord. 6694 §18, 2010; Ord. 2569 §4, 1947).
5.76.040 License fees
The license fees for the various businesses, trades and occupations included in this chapter are fixed at $30.00.
Any person, firm or corporation which pays a business and occupation tax pursuant to Chapter 5.04 of this code and does not pay a license fee to the City of Olympia other than that fee imposed by Section 5.05.025 of this code, shall be licensed as miscellaneous service or activity, the fee for which is the sum of thirty dollars per year. It is intended that this license cover persons generally engaged in the rendering of any type of service for hire for which a specific license has not been required under the terms of this title.
(Ord. 6819 §5, 2012; Ord. 6694 §18, 2010; Ord. 6348 §1, 2005; Ord. 4753 §1, 1987; Ord. 4490 §1, 1984; Ord. 4419 §4, 1983; Ord. 4224 §11, 1980; Ord. 4049 §1, 1977; Ord. 3259, 1963; Ord. 2569 §5, 1947).
5.76.050 Suspension or revocation of licenses – Hearing
The City Council may at any time suspend or revoke any license issued under the authority of this chapter, whenever the holder thereof has been convicted in any court of competent jurisdiction for gambling on the premises or permitting gambling upon the premises in violation of any state law, or ordinance of the City; or for conviction of the sale of liquor upon the premises or the possession of liquor for the purpose of sale upon the premises in violation of any law of the United States, the state, or any ordinance of the City, or the holder of any taxicab license, who is convicted in any court competent in its jurisdiction, for the violation of any of the United States or state laws or city ordinances relative to the sale or possession of liquor or bootlegging, or for the conviction of any crime involving moral turpitude committed upon the premises, or where the place is a frequent gathering place of people who by loud and raucous noise, fighting, property damage, excessive littering or other violations of the Olympia Municipal Code create a public nuisance or unreasonably disturb others; but a hearing thereon shall be had before such revocation, and the person, persons, firm or corporation holding such license shall be notified in writing of the intention of the City Council to revoke the license at a regular meeting of the City Council at a time and date appointed in the notice giving the licensee at least six days’ notice prior to the date for the hearing and the holder of the license may appear at the time fixed for the hearing and be heard in opposition to such revocation.
(Ord. 6819 §5, 2012; Ord. 6694 §18, 2010; Ord. 4369 §1, 1982; Ord. 2569 §6, 1947).
5.76.060 License terms and expirations
Each City license issued shall have a term as determined by the State of Washington Department of Licensing in cooperation with the City. The City license term or expiration date will be coordinated with the terms or expiration date of all other licenses or permits required by the State for each business.
(Ord. 6819 §5, 2012; Ord. 6694 §18, 2010).
5.76.070 Violations – Misdemeanor – Gross misdemeanor – Civil infraction
A. Any person, firm, or corporation who knowingly violates or fails to comply with any term or provision of this chapter shall be deemed to have committed a misdemeanor, and if found guilty, shall be subject to a fine not to exceed One Thousand Dollars ($1,000), and/or to imprisonment not to exceed ninety (90) days or to both such fine and imprisonment. Each day shall be a separate offense. In the event of a continuing violation or failure to comply, the second and subsequent days shall constitute a gross misdemeanor punishable by a fine not to exceed Five Thousand Dollars ($5,000) and/or imprisonment not to exceed three hundred and sixty-five (365) days or both such fine and imprisonment. Continuing violation shall mean the same type of violation which is committed within a year of the initial violation.
B. As an additional concurrent penalty, it shall be a civil infraction for a person, firm, or corporation to violate or fail to comply with any term or provision of this chapter. Each day shall be a separate infraction. A person, firm, or corporation found to have committed a civil infraction shall be assessed a monetary penalty as follows:
1. First offense: Class 3 ($50), not including statutory assessments.
2. Second offense arising out of the same facts as the first offense: Class 2 ($125), not including statutory assessments.
3. Third offense arising out of the same facts as the first offense: Class 1 ($250), not including statutory assessments.
See also OMC Chapter 4.44, Uniform Civil Enforcement.
(Ord. 6819 §5, 2012; Ord. 6694 §18, 2010; Ord. 6081 §19, 2001; Ord. 2569 §7, 1947. Formerly 5.76.060).