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HomeMy WebLinkAboutOrdinance 23-008 amends 5.05 CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO.23-008 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING CHAPTER 5.05 OF THE SPOKANE VALLEY MUNICIPAL CODE RELATING TO THE REGULATION OF CITY BUSINESS LICENSE REGISTRATIONS,AND OTHER MATTERS RELATED THERETO. WHEREAS, the City of Spokane Valley (City) is authorized pursuant to RCW 35A.82.020 and RCW 35.22.280 to license businesses within its boundaries; and WHEREAS, chapter 35.90 RCW requires the City to adopt a model business license ordinance; and WHEREAS, the City has adopted chapter 5.05 Spokane Valley Municipal Code (SVMC) regarding the licensing of businesses within the City; and WHEREAS,the proposed changes will better conform to the recent changes to Hearing Examiner rules of procedures adopted as Appendix B to the SVMC; and WHEREAS, the City has determined that updates to its regulations of City business license registrations are necessary to clarify enforcement procedures to protect the public health,safety and welfare of the citizens of Spokane Valley. NOW 'THEREFORE the City Council of the City of Spokane Valley, Spokane County, Washington, ordains as follows: Section 1. Purpose. The purpose of this ordinance is to amend chapter 5.05 SVMC to update the grounds upon which a business license may be denied, suspended, or revoked,and procedures thereof. Section 2. Amendment. Chapter 5.05 SVMC is hereby amended as follows: 5.05.040 Application procedure. A. Application for the business license registration or renewal shall be made in writing to the City upon a form provided by the City, which may be electronic, and which may be through any agency the City has contracted with for processing of license registration applications. Business license registrations shall include a physical address for the business which shall not be a post office box or a mail delivery designation for addresses associated with a commercial mail receiving agency. Complete applications shall include all necessary information as set forth on the form, any additional information requested by the City such as additional information about the nature of the business operations,and complete payment of any applicable fees. B.If the applicant is a partnership,the application shall be made by one of the partners; if a corporation,by one of the officers thereof; if a foreign corporation, partnership or nonresident individual, by the resident agent or local manager of the corporation, partnership or individual. C.Home Businesses. A business license registration application for a home business shall not be approved until a home business permit is applied for and received from the City by the applicant. D. Review. The City Manager or designee shall review each application for completeness and may return any application that is incomplete.The City Manager or designee may deny and reject any applications on grounds listed in and pursuant to SVMC 5.05.070(B).In the event any application is rejected,the City may, but is not required to, refund any fees collected. Ordinance 23-008 Business License Page 1 of 3 E. Effect of Business License Registration. Receipt of a business license registration shall not be deemed or construed as approval of or right to any particular land use,approval of a particular structure, facility, or improvement, or approval under any other code provision. Persons with business license registrations shall comply with all applicable code provisions, including but not limited to land use, zoning, environmental, and building regulations. The City may enforce such provisions regardless of any business license registration that may have been received by an owner or operator, Pips 5.05.070 Violation—Penalty. A. Violation. Failure to comply with any provision herein shall be a violation of Chapter 5.05 SVMC. The City may seek any remedy available by law, including but not limited to denial, suspension or revocation of a business license registration and imposition of penalties pursuant to SVMC 5.05.070(D). B. Grounds for denial, suspension or revocation of license. The City Manager or designee may deny, suspend, or revoke a business license registration when he/she has reason to believe based upon investigation of documents,physical evidence, or witness statements that the following grounds exist: 1. The license application contains an omission or misrepresentation of material fact; 2. The license application is inconsistent with applicable land use regulations, including zoning,home business, or other applicable land use regulations; 3. The license was procured by fraud; 4. The license is used, or intended to be used,for a business materially different from that applied for; 5. A violation of any of the requirements of chapter 5.05 SVMC; 6. The business operates in a manner that constitutes a nuisance pursuant to common law or the laws and regulations of the state or City; or 7. The business, licensee, or the employee, director, manager, partner or agent of the business or licensee is cited by law enforcement or any other regulatory authority for violation of any regulation or law authorizing or regulating the license, or regulating the business, activity, or purpose for which the license was issued, regardless of whether such citation results in a conviction by a court. C. In the event the City Manager or designee determines to deny,suspend or revoke a City business license registration, he/she shall issue a determination in writing to the business owner listed on the license registration, stating the basis for such determination,the business owner's rights to appeal, and the effect of the determination. The determination shall be sent by certified mail return receipt requested, and shall become effective three days after issuance. A business owner shall cease all business operations upon denial, suspension or revocation of a business license registration. A determination to deny, suspend or revoke a Iicense registration shall not in any way limit the City's right to any other remedy, including but not limited to assessment of applicable penalties. D. Penalty. Any person, firm, or corporation who knowingly violates or fails to comply with any term or provision of Chapter 5.05 SVMC shall be deemed to have committed a civil infraction. A person, firm, or corporation found to have committed a civil infraction shall be assessed a daily monetary penalty pursuant to RCW 7.80.120,as adopted or subsequently amended,including any applicable statutory assessment.The penalties shall be assessed as follows: 1. First offense: Class 3 civil infraction. 2. Second offense arising out of the same facts as the first offense: Class 2 civil infraction. Ordinance 23-008 Business License Page 2 of 3 3. Third offense and any other subsequent offenses arising out of the same facts as the first offense: Class 1 civil infraction. 5.05.080 Appeal. A. A person may appeal any (1) determination of a violation of Chapter 5.05 SVMC other than violations associated with the imposition of penalties, which shall be appealed pursuant to SVMC 5.05.080(B), (2) denial, suspension, or revocation of a City business license registration, or(3) determination that a person is engaged in business and the person disputes that determination to the City's hearing Examiner within 14 days of such determination. The date of determination shall be three days after the date that the determination is mailed by the City to the address listed on the City business license registration. Appeals shall comply with SVMC Appendix B Rules of Procedure for Proceedings Before the Hearing Examiner of the City of Spokane Valley, Washington. . The Hearing Examiner's decision is the final decision of the City and may be appealed to the Spokane County Superior Court within 21 days of the decision being issued. B.Appeals of the imposition of penalties shall be made pursuant to Chapter 7.80 RCW. Section 3. Severability. If any section, sentence, clause, or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 4. Effective Date. This Ordinance shall become effective five days after publication of the ordinance, or a summary thereof, in the official newspaper of the City. Adopted this 9'1' day of May, 2023. ATTES • CITY OF SPOKANE VALLEY 'hristine Bainbridge, CityClerk Pam Hale Mayor -- Approved Y Y Approved as to Form: Vice of the City Attorney Date of Publication: / 9 dd _ Effective Date: j Ordinance 23-008 Business License Page 3 of 3