Chapter 5.76
MISCELLANEOUS BUSINESSES
Sections:
5.76.010 Definitions and license application requirements.
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 Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction.
5.76.010 - Definitions and license application requirements
A. Whenever "merchant" is used in this chapter, it applies to any person, firm or corporation who hereafter opens any store or place for the sale of goods, wares or merchandise at retail or at wholesale.
B. Merchants entering business on and after January 1, 1948, shall make application at the office of the city clerk-treasurer for a merchant’s license and submit with such application an affidavit duly verified that the applicant desires permanently to engage in such business in the city and has planned to do so by securing a location and stock of merchandise. In the event the city clerk-treasurer determines from the application that the applicant is a temporary merchant, as defined in subsection C, then the city clerk-treasurer may declare the applicant to be a temporary merchant and require payment of a temporary merchant’s license fee.
C. A "temporary merchant" includes any person, firm or corporation who opens, conducts or carries on any store or place of business for the sale of goods, wares or merchandise in the city and which said place of business shall be closed or otherwise go out of business within a period of six months from date of opening thereof. Any person desiring to open a place of business for the sale of goods, wares or merchandise shall either pay the license fee fixed in this chapter for a temporary merchant or may in lieu thereof apply for a license as a merchant as defined in subsection B.
D. Application for a restaurant, lunch counter or tavern license shall set forth the name of the applicant, the place of business and, for restaurant or lunch counter, the number of persons employed or the number of persons employed therein; provided, that in the case of all applications for original restaurant or lunch counter licenses as distinguished from annual renewals, such applications shall, before issuance, bear the approval of the city health officer or one of his duly authorized deputies.
E. No license or renewal of an existing license shall be granted for the operation of a hotel, apartment house or rooming house until the application therefor shall have been submitted to the police department of the city for recommendation and report.
F. Public exhibitions and entertainments shall not be held to include exhibitions and entertainments given by any veteran organization, fraternal organization, benevolent society, school or church for their respective benefits.
G. "Vehicle" is defined as a traveling conveyance used in connection with any commercial business for the sale, delivery or services of merchandise, wares, goods or equipment.
(Ord. 4419 §3, 1983; Ord. 4424 §10, 1980; Ord. 2679, 1950; Ord. 2569 §1, 1947).
5.76.020 - License required –Posting
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. The license provided for herein shall be posted and shall remain posted in a conspicuous place in the place of business of the licensee, and all vehicle plates issued shall be carried on the licensed vehicle. Such licenses shall expire December 31st of each year unless otherwise provided and are nontransferable, and will not be issued for a fraction of a year except as provided in this chapter.
(Ord. 2569 §2, 1947).
5.76.030 - License application filing
Application for licenses shall be made at the office of the city clerk-treasurer, except as otherwise provided, accompanied by the license fee as provided in Section 5.76.040, upon receipt of which the clerk-treasurer shall issue license, except as otherwise provided in this chapter or other city ordinances affecting the establishment and conduct of occupations, trades or businesses. Applications for dog kennels, dogs and bicycles shall be made at the police department.
(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 as follows:
|
Auctioneers--annually |
$30.00 |
|
Bankruptcy sales--per day |
25.00 |
|
Bowling alleys, per establishment--annually |
30.00 |
|
Dealers in used or repossessed merchandise, including automobiles--annually |
30.00 |
|
Entertainment, including dancing in taverns or cabarets--annually (See Section 5.16.040) (also may be subject to admission tax) |
100.00 |
|
Living units and apartments, excluding duplexes: Living unit or apartment--per year |
10.00 |
|
Junk dealers |
30.00 |
|
Merry-go-rounds, or similar amusements |
30.00 |
|
Merchants (annual fee) |
30.00 |
|
Pawnbrokers--annually |
75.00 |
|
Phrenologists, palmists and fortunetellers--per year |
30.00 |
|
Public exhibitions and entertainments--per day |
30.00 |
|
Restaurants, lunch counters, taverns--annually |
30.00 |
|
Secondhand dealers--annually |
50.00 |
|
Shooting galleries--quarterly |
25.00 |
|
Skating rinks--annually |
30.00 |
|
Taxicabs, per cab--annually |
30.00 |
|
Taxicab drivers--annually |
30.00 |
|
Temporary merchants--per day |
25.00 |
|
Theaters--semiannually |
50.00 |
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.
In addition to the above, an additional twenty-five dollars shall be assessed for any new license issued under this chapter for the initial first year thereof; provided, that for living units and apartments, the first year surcharge shall be applied against the whole complex, not against each unit. This assessment is necessary to defray the initial administrative costs in reviewing an initial application and issuance of a license therefor.
(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 commission 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 commission to revoke the license at a regular meeting of the city commission 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. 4369 §1, 1982; Ord. 2569 §6, 1947).
5.76.060 - 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 time 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 Code Enforcement.
(Ord. 6081 §19, 2001; Ord. 2569 §7, 1947).