Chapter 5.04 BUSINESS LICENSE FEE

The provisions in this chapter shall be deemed an exercise of the power of the city to license for revenue. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 § 1.010, 1979].

5.04.020 Definitions.

For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given in this section. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular include the plural number. The word “shall” is always mandatory and not merely directory.

“Business” is meant to include all kinds of vocations, occupations, professions, enterprises, establishments, and all other kinds of activities and matters, together with all devices, machines, vehicles and appurtenances used therein, any of which are conducted for private profit, or benefit, either directly or indirectly, on any premises in this city or anywhere else within its jurisdiction.

“Business Licensing Service” is the office of the Washington State Department of Revenue through which the city business license is applied for or renewed.

“City” is the city of West Richland.

“City council” is the city council of the city of West Richland.

“City license officer” or “license officer” is the city finance director.

“Employee” is any natural person who works for salary or wages or on a commission basis.

“License” or “licensee” as used generally in the chapter 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 code or other law or code.

“Person” is meant to include individual natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, or corporations; or any officers, agents, factors, or any kind of personal representatives of any thereof, in any capacity, acting for either himself or for any other person, under either personal appointment or pursuant to law.

“Premises” is meant to include all lands, structures, places, and also the equipment and appurtenances connected or used therewith in any business, and also any personal property which is either affixed to or is otherwise used in connection with any such business conducted on such premises. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 §§ 1.040 – 1.120, 1979].

5.04.030 One act constitutes doing business.

For the purpose of this chapter, 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. Any person shall be deemed to be in business or engaging in a nonprofit enterprise, and thus subject to the requirements of WRMC 5.04.040, when he does one act of:

A. Selling any goods or service;

B. Soliciting business or offering goods or services for sale or hire;

C. Acquiring or using any vehicle or any premises in the city for business purposes. [Ord. 25-18 § 1 (Exh. A), 2018; Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 § 1.170, 1979].

5.04.040 Applicability – Fees.

A. There is levied upon and shall be collected from every person engaged in operating a show or exhibition a fee as set by city council in the master fee schedule. Shows and exhibitions include but are not limited to the following: billiard and pool halls, bowling alleys, circuses, carnivals, professional boxing and wrestling exhibitions, shooting galleries, skating rinks, dance halls, tent shows, theaters, and vaudeville and touring shows. All shows and exhibitions located within one mile of the corporate city limits shall pay the same fee that would be required if they were located within the corporate limits of the city. Application for a show or exhibition temporary special permit must be made directly with the city license officer.

B. There is levied upon and shall be collected from every person in the city engaged in any business or occupation set forth below an initial license fee as set by city council in the master fee schedule and thereafter a license fee renewal as set by city council in the master fee schedule for home occupation businesses in West Richland and businesses located outside of the city of West Richland or a fee as set by city council in the master fee schedule for commercial businesses located in West Richland for the privilege of engaging in such business in the city:

1. Every person engaged in the occupation of doctor, attorney, accountant, dentist, optometrist, veterinary, or other profession;

2. Every person engaged in real estate, photography, insurance, private school, mortician, travel agency, financial institution, architect, securities, or other similar businesses or occupations;

3. Every person engaged in operating a restaurant, grocery store, tavern or similar business, or a retail store;

4. Every person renting or subletting any type of property, unimproved or improved, including apartments and sleeping rooms, rooms in hotels, motels, and cabin courts, or places where rooms are kept for rent for the accommodation of the traveling public, whether rented by the day, week, or month, and including lots for the placement of trailers, mobile homes, etc.; provided, that in all such cases the person shall have at least four units of property; each separate tenant on a tract of land shall constitute a separate unit for purposes of this chapter;

5. Each person operating a public massage parlor, art studio, public bathhouse or similar business;

6. Every person engaged in the business of dray and transfer or the moving of goods and commodities for hire;

7. Every person engaged in operating a theater or drive-in theater in which motion pictures are shown for profit;

8. Every person operating a service station, garage, or similar business;

9. Every person engaged in manufacturing, production, construction, or research, or in other business or occupations not enumerated above;

10. Every business engaged in operating for-hire vehicles (i.e., taxicabs, transportation network companies, etc.) that transports passengers for payment.

a. Under RCW 46.72.020, no for-hire operator shall cause operation of a for-hire vehicle upon any highway of this state without first obtaining a permit from the Director of Licensing, except for those for-hire operators regulated by cities or counties in accordance with Chapter 81.72 RCW;

b. The city of West Richland does not regulate and permit taxicabs and transportation network companies, therefore, taxicabs and transportation network companies must comply with RCW 46.72.020, as well as WRMC 5.04.030 and must obtain a city of West Richland business license unless exempted under WRMC 5.04.180; and

11. Persons applying for or renewing a city of West Richland business license must submit such application to the Business Licensing Service and also remit the respective Business Licensing Service handling fees authorized by RCW 19.02.075 and 19.02.085 as part of the total fees due.

C. There is levied upon and shall be collected from every itinerant merchant as defined in Chapter 5.18 WRMC a fee as set by city council in the master fee schedule. Application for an itinerant merchant’s special temporary permit must be made directly with the city license officer. [Ord. 3-17 § 1, 2017; Ord. 6-14 § 1 (Att. A), 2014; Ord. 2-12 § 1, 2012; Ord. 26-11 § 1 (Att. A), 2011; Ord. 58-06 § 1, 2006; Ord. 13-92 § 1, 1992; Ord. 314 § 1.130, 1979].

5.04.060 Businesses outside city limits.

All persons not having a business location in the city, but engaging in any business within the city, must hold a city of West Richland business license as outlined in this chapter. Persons merely taking orders from any individual or business in the city shall not be subject to this chapter if said orders are filled out of state and are exempt from the licensing provision of this chapter because of interstate commerce regulations. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 § 1.280, 1979].

5.04.080 License fee additional to others.

The license fee and tax levied in this chapter shall be additional to any license fee or tax imposed or levied under the law of any other ordinance of the city except as otherwise expressly provided in this chapter. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 § 1.050, 1979].

5.04.090 Compliance required.

A. It is unlawful for any person, either directly or indirectly, to conduct any business or nonprofit enterprise for which a license or permit is required by this chapter without having a license or permit therefor in effect at all times as required by this chapter.

B. The issuance of a license or permit under this chapter shall not waive or excuse compliance with the provisions of any other ordinance of the city. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 § 1.160, 1979].

Article II. Requirements and Exemptions

5.04.100 Agent responsibility.

The agents or other representatives of nonresidents who are doing business in this city shall be personally responsible for the compliance by their principals, and by the businesses they represent, with this chapter. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 § 1.180, 1979].

5.04.110 Branch establishments – Separate license required.

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 such branch establishment or location were a separate business; provided, that warehouses and distributing plants used in connection with or incidental to a business licensed under the provisions of this chapter shall not be deemed to be separate places of business or branch establishments. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 § 1.190, 1979].

5.04.120 Joint license – Issued when.

A. A person engaged in two or more businesses at the same location shall not be required to obtain separate licenses for conducting each of such business activities.

B. Services provided by a retail business which are incidental to or ordinarily associated with the retail business shall not be considered as a different or separate business. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 § 1.200, 1979].

5.04.130 Salesman – No license required when.

No city business license shall be required under the provisions of this chapter in the case of salesmen soliciting orders from manufacturers, wholesalers, jobbers, distributors, or retailers, where no other act of business is done in the city. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 § 1.220, 1979].

5.04.140 Delivery – No license required when.

No city business license shall be required of any person for delivery in the city of any property purchased or acquired in good faith from 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. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 § 1.210, 1979].

5.04.150 Nonprofit enterprise – Exempt from fee.

Persons or organizations conducting or operating a nonprofit enterprise without private profit for a public, charitable, educational, literary, fraternal, or religious purpose must hold a city of West Richland business license and comply with all other requirements of this chapter but are exempt from the city license fee requirement of this chapter. However, a profit organization operating under the sponsorship of a nonprofit organization shall pay all applicable license fees or charges. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 § 1.240, 1979].

5.04.160 Special temporary permit – Applications requirements.

An applicant for a special temporary permit described in WRMC 5.04.040(A) and (D) shall submit an application therefor to the license officer upon forms prescribed by the license officer and shall pay such fees, furnish such additional information and make such affidavits as the license officer shall require. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 § 1.250, 1979].

5.04.180 Exemptions.

The provisions of this chapter shall not apply to:

A. Any person engaged in a business activity with respect to which city tax liability is specifically imposed under the provisions of Chapter 5.08 WRMC relating to utility taxes and Ordinance No. 8-85 relating to cable television;

B. Any person in respect to insurance business upon which a tax based on gross premiums is paid to the state; provided, however, that the provisions of this subsection shall not exempt any person engaging in the business of representing any insurance company, whether as general or local agent or acting as broker for such companies; and provided further, that the provisions of this subsection shall not exempt any bonding company from tax with respect to the completion of any contract as to which it is a surety, or as to any liability as successor to the liability of the defaulting contractor;

C. Any person in respect to his employment in the capacity of an employee or servant as distinguished from that of an independent contractor;

D. National banks, state banks, trust companies, mutual savings banks, building and loan, and savings and loan associations with respect to their banking business, trust business or savings and loan business, but not with respect to engaging in any other business taxable under this chapter, even though such other business is conducted primarily for the purpose of liquidating the assets thereof;

E. The business of manufacturing, selling, or distributing motor vehicle fuel, as that term is defined in Chapter 58, Laws of 1933, as amended;

F. Any religious society, association or corporation, through the operation of any hospital, clinic, resort or other institution devoted exclusively to the care or healing of human beings; provided, that no exemption is granted where the income therefrom inures to the benefit of any physician, surgeon, stockholder, or individual by virtue of ownership or control of such hospital, clinic, resort or other institution;

G. Any instrumentality of the United States, the state, or political subdivision thereof;

H. 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 produce or edibles raised, caught, produced or manufactured by such person within the state;

I. Any person to whom at least three of the following apply:

1. The person is under 18 years of age;

2. The business or occupation is part-time;

3. The person operates a business with no other employees;

4. The person is not required to file a state business and occupations taxation form;

5. The gross income of the resident or nonresident business involved is less than $5,000 per year. [Ord. 25-18 § 1 (Exh. A), 2018; Ord. 26-11 § 1 (Att. A), 2011; amended during 2010 recodification; Ord. 314 § 1.230, 1979].

Article III. Application, Issuance and Regulations

5.04.190 License officer – Powers and duties.

The license officer shall have oversight of the collection of all license fees and filing information, and issuance of licenses in the name of the city to all persons qualified under the provisions of this chapter, as administered through the Washington State Department of Revenue’s Business Licensing Service, and shall:

A. Promulgate and enforce all reasonable rules and regulations necessary to the operation and enforcement of this chapter;

B. Adopt all forms and prescribe the information to be given therein as to character and other relevant matters for all necessary papers;

C. Require applicants to submit all information necessary to the administration of this chapter;

D. Submit applications in a proper case to interested city officials for their endorsements thereon as to compliance by the applicant with all city regulations which they have the duty of enforcing;

E. Investigate and determine the eligibility of any applicant for a license as prescribed herein;

F. Examine the books and records of any applicant or licensee when reasonably necessary to the administration and enforcement of this chapter;

G. Notify any applicant of the acceptance or rejection of his application and shall, upon his refusal of any license or permit, at the applicant’s request state in writing the reasons therefor and deliver them to the applicant. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 § 1.270, 1979].

5.04.200 Applicant – Qualifications required generally.

The general standards in this chapter set out relative to the qualifications of every applicant for a license under this chapter shall be considered and applied by the license officer. The applicant shall not be in default under the provisions of this chapter. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 § 1.300, 1979].

5.04.210 License – Application required – Requirements.

Every person required to procure a city business license under the provisions of this chapter shall submit a business license application to the Business Licensing Service. The application shall contain all information necessary to establish compliance with WRMC 5.04.200 and be accompanied by the full amount of the fees chargeable for such license. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 § 1.310, 1979].

5.04.220 Information confidential.

The license officer shall keep all information furnished or secured under the authority of this chapter in strict confidence. Such information shall not be subject to public inspection and shall be kept so that the contents thereof shall not become known except to the persons charged with the administration and enforcement of this chapter, unless otherwise required by law to be disclosed. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 § 1.370, 1979].

5.04.230 Fee – Amount determination.

License fees shall be in the amounts established in WRMC 5.04.040 and as further determined under this chapter. Annual fee amounts may be prorated in accordance with the license expiration date setting performed by the Business Licensing Service. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 § 1.370, 1979].

5.04.260 License – Nonapproval – Business operation prohibited.

When an issuance of a license is denied and any action is instituted by the applicant to compel its issuance, such applicant shall not engage in the business for which the license was refused unless a license is issued to him pursuant to a judgment ordering the same. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 § 1.360, 1979].

5.04.270 License – Nonapproval – Fee refund.

The license officer, upon disapproving any application submitted under the provisions of this chapter, shall refund to the applicant all city business license fees paid in advance by the applicant, provided the applicant is not otherwise indebted to the city. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 § 1.350, 1979].

5.04.290 License – Duties generally.

Every licensee under this chapter shall:

A. Ascertain and at all times comply with all laws and regulations applicable to such licensed business;

B. Refrain from operating the licensed businesses on premises after expiration of his license and during the period his license is revoked or suspended;

C. Promptly surrender any license certificate when required by the license officer. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 § 1.430, 1979].

5.04.300 License – Display requirements.

Every licensee under this chapter shall:

A. Display the business license in a prominent location upon the licensed premises;

B. When he has no licensed business premises within the city, carry such license on his person. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 § 1.440, 1979].

5.04.310 License term – Late penalty.

The city business license shall expire on the date established by the Business Licensing Service and must be renewed on or before that date in order to continue conducting business in the city. A renewal filed after the expiration date of the license may be subject to the late renewal penalty fee authorized by RCW 19.02.085. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 § 1.380, 1979].

5.04.330 Renewal license – Procedure.

The applicant for the renewal of a license shall submit an application for such renewal license to the Business Licensing Service accompanied by all fees due for renewal of the license. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 § 1.330, 1979].

5.04.340 Change of location – Notification required.

A licensee shall promptly notify the Business Licensing Service officer of a change of location of the business within the city. The license officer will review whether the licensee may conduct the business at the new location before a business license for that location will be issued. A change of business location may require submitting a new business license application to the Business Licensing Service and approval of the business license by the city license officer as outlined in this chapter. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 § 1.470, 1979].

5.04.350 Fee – Refund prohibited when.

Except as provided in this chapter, no rebate or refund of any license fee or part thereof shall be made by reason of the nonuse of such license or by reason of a change of business rendering the use of such license ineffective. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 § 1.400, 1979].

5.04.360 Fee – Refund when wrongfully collected.

The license officer shall have authority to refund a city business license fee only where it was collected in error. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 § 1.410, 1979].

5.04.370 Inoperative license – Use prohibited – Return required.

A. No licensee shall allow any license or special permit to remain posted, displayed or used after the period for which it was issued has expired, or when it has been suspended or revoked, or for any other reason become ineffective.

B. The licensee shall promptly return such inoperative license or special permit to the license officer. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 § 1.450, 1979].

5.04.380 Transferability.

No licensee shall loan, sell, give or assign to any other person, or allow any other person to use or display, or to destroy, damage or remove, or to have in his possession, except as authorized by the license officer or by law, any license which has been issued to the licensee. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 § 1.460, 1979].

Article IV. Violations, Enforcement and Appeal Procedure

5.04.390 Investigations.

The license officer shall make or cause to be made all investigations reasonably necessary to the enforcement of this chapter. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 § 1.480, 1979].

5.04.400 Order to comply – Issuance.

When a violation of this chapter or of any other law or ordinance has been reported to the license officer, he shall issue to the person reported to be in violation an order to comply. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 § 1.490, 1979].

5.04.410 Order to comply – Form – Content – Delivery.

A. The order to comply shall:

1. Be in writing;

2. Be served on the licensee; and

3. Apprise the person affected of his specific violations.

B. In the absence of the person affected or his agent or employee, a copy of such notice shall be affixed to some structure on the premises.

C. Depositing such order in the United States mail shall constitute service thereof. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 § 1.500, 1979].

5.04.420 Compliance required – Time limit.

The order to comply shall require compliance within 10 days of serving notice on the affected person. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 § 1.510, 1979].

5.04.430 Hearing – Application requirements – Notification.

A. Upon written application by the person affected, before the expiration of the 10-day period for compliance, the license officer shall order and hold a hearing.

B. Notice of such hearing shall be given the affected person in the manner prescribed in WRMC 5.04.410. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 § 1.520, 1979].

5.04.440 License officer – Authority to modify compliance regulations.

Upon written application, or on his own motion, the license officer shall have the authority, in a proper case, to:

A. Extend the time for compliance;

B. Grant a new hearing date; and

C. Change, modify or rescind any recommendation or order. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 § 1.530, 1979].

5.04.450 Suspension or revocation when – License officer authority.

Upon the refusal or failure of the violator to comply with the initial order, or if an appeal is taken, with any order made after hearing, the license officer shall have the authority to suspend or revoke the violator’s license. No license, however, shall be suspended or revoked until 10 days have elapsed from the service of the initial order, and if the violator applies for a hearing under WRMC 5.04.430 until an order has been made after hearing, and if the violator exercises his right of appeal under WRMC 5.04.460, until the city council has made its findings. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 § 1.540, 1979].

5.04.460 Right of appeal – Filing procedure.

A. Any person aggrieved by any decision of the license officer after a hearing shall have the right to appeal to the city council by filing a written appeal with the mayor within 10 days following the effective date of the action or decision complained of.

B. Such appeal shall set out a copy of the order or decision appealed from and shall include a statement of the facts relied upon to avoid such order.

C. At the time of filing any such appeal a copy thereof shall be filed by the appellant with the license officer. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 § 1.550, 1979].

5.04.470 Hearing – Procedure – Notification.

The mayor shall fix a time and place for hearing the appeal before the city council and shall have served a written notice, as provided in WRMC 5.04.410, upon the appellant informing him thereof. The mayor shall also give such notice to the license officer and such officer shall be entitled to appear and defend such order. The city council shall thereupon ascertain the correct amount of the fee or tax by resolution, and the city finance director shall immediately notify the appellant thereof by mail, which amount, together with costs of the appeal, if the appellant is unsuccessful therein, must be paid within five days after such notice is given. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 § 1.560, 1979].

5.04.480 Decision – Finality – Appeal filing.

The findings of the city council shall be final and conclusive unless appeal is taken to the Benton County superior court within 20 days from the date of the decision. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 § 1.570, 1979].

5.04.490 Liability of violator – Debt recovery.

A. The amount of any unpaid fee, the payment of which is required under this chapter, shall constitute a debt due the city.

B. The city attorney shall, at the direction of the mayor, institute a civil suit in the name of the city to recover any such unpaid fee.

C. No civil judgment, or any act by the city attorney, the license officer, or the violator shall bar or prevent a criminal prosecution for each and every violation of this chapter. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 314 § 1.580, 1979].

5.04.510 Violation – Penalties.

A. Every person, firm or corporation convicted of a violation of any provision of this chapter shall be punished by a fine of not more than $250.00.

B. For any violation of a continuing nature, each day’s violation shall be considered a separate offense and shall subject the offender to the above penalties for each offense. [Ord. 26-11 § 1 (Att. A), 2011; Ord. 42-95 § 2, 1995; Ord. 314 § 1.600, 1979].

Editor’s Note: For statutory provisions authorizing a code city to exercise the authority authorized by general law for any class of city to license and revoke the same for cause, to regulate, make inspections and to impose excises for regulation or revenue in regard to all places and kinds of business, production, commerce, entertainment, exhibition, occupation, trades and professions and any other lawful activity, see RCW 35A.82.020; for provisions on the state public utility tax, see Chapter 82.16 RCW.