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Ordinance 03-034 Adopts Business Registration System CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 34 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ADOPTING A BUSINESS REGISTRATION SYSTEM FOR THE CITY OF SPOKANE VALLEY. WHEREAS, state law authorizes cities to adopt regulations for registering businesses operating within their corporate boundaries; and WHEREAS, the City Council desires to establish a registration system which will assist the City in identifying the composition of the commercial community to enhance the marketing, development and exchange of information between the City and its businesses; and WHEREAS, business registration is intended to collect and maintain information as opposed to raise revenue. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Defmitions. For the purposes of this Ordinance, the following definitions shall apply: • A. "Business" means all kinds of vocations, occupations, professions, enterprises, establishments, industries, services and all other kinds of activities and matters that are conducted for private profit or benefit on any premises in the City of Spokane Valley. • B. "City"means the City of Spokane Valley, Spokane County, Washington. C. "Engaging in business" means commencing, conducting, or continuing in business, 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. D. "Person" means any individual, corporation, company, firm,joint stock company, partnership, joint venture, trust, business trust, club, association, society, or any group of individuals acting as a unit or otherwise. E. "Tax year" means the calendar year commencing January 1 and ending on December 31. . Section 2. Business Registration Required. On or before De c. 31A603, every Person engaging in business or continuing business during the calendar year shall register with the City by completing a licensing form and, if required, pay a registration fee. If more than one business is located on a single premise, separate registrations shall be required for each separate business conducted. Section 3. Exemptions. A. The following entities and activities shall be exempt from the provisions of this P:\Ordinance No.34,business registration.doc Ordinance: 1. All governmental entities including public and private elementary, secondary and high schools; 2. Persons who deliver newspapers and periodicals; 3. Persons who solicit orders from retail establishments for the delivery and sale of goods, wares and merchandise for resale unless the person's principal place of business is located within the City; 4. Any Person or organization conducting a nonprofit enterprise when the enterprise is operated without private profit, for a public, charitable, educational, literary, fraternal or religious purpose; and 5. Minors engaged in babysitting. B. The casual sale of items of personal property where the Person conducting such sale is not regularly engaged in the business of selling items of personal property (for example, garage sales, service agency bake sales). Section 4 . Application Procedure. A. Application for the business registration shall be made in writing to the City Clerk upon a form provided by the City. The application shall state the name, type and address of the business or businesses, the owner, operator or agent and such other information as requested by the City Clerk. B. If the applicant is a partnership, the application must 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. The City Clerk shall maintain a record of all registered businesses. Section 5. Fee—Terms—Penalty. A. Commencing January 1, 2004, business registration shall occur on a calendar year basis and shall expire on December 315t of the year for which the registration was issued. B. No fee shall be charged for business registration during the 2003 calendar year. Thereafter, the City Council may establish a registration fee by Resolution. Section 6. Transfer or Sale of Business — New License Required. Upon the sale or transfer of any business, the registration issued to the prior owner or transferor shall automatically expire on the date of such sale or transfer and the new owner intending to continue such business in the City shall apply for a new registration pursuant to the procedures established by this Ordinance. Section 7. Penalty for Violation. Any Person, as defined herein, and the officers, directors, managing agents, or partners of any corporation, firm, partnership or other organization or business violating or failing to comply with any provisions of this ordinance shall be subject to a Class II Civil Infraction pursuant to RCW Chapter 7.80. Section 8. Severabili . 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 P.\Ordinsncc No.34,business registratioao.doc • section, sentence, clause or phrase of this Ordinance. Section 9. Effective Date. This Ordinance shall be in full force and effect five (5) days after publication of the Ordinance Summary. PASSED by the City Council this f l day of -3kie, 2003. 1 Mayor, Michael DeVlermng ATTE C2:4Z-Z Thee-dA-c.i Interim City Clerk, Ruth Muller Approved As To Form: ...21111Vi . 717. City no _ey, Stai ey M. Schwartz Date of Publica •n: ,j t,r..c4 Z ', zoos Effective Date: /6/%t 3/ d3 • P:10rdirumce No.34,busincss rcgistration.doc