Ordinance 04-032 Amends SVMC 5.05 Business Registration CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 04-032
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON,AMENDING SPOKANE VALLEY MUNICIPAL CODE TITLE 5.05
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 wishes to make certain modifications to the City's business
registration requirements for ease of administration; 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, emergency contact information is needed to facilitate after hours communication
with property owners, business owners and their representatives; 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:
Section 5.05.010. Definitions.
For the purposes of this chapter, 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 require
registration or licensing with the State of Washington or are conducted on any premises in the
City of Spokane Valley. "Business" also means activities and matters conducted by public,
charitable, educational, literary, fraternal or religious organizations within 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 1st and ending on
December 31st.
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Section 5.05.020. Business Registration Required.
A. On or before December 31, 2004, every person engaging in business or continuing
business after December 31, 2004 shall register with the City by completing a registration 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.
B. The City Manager or designee is hereby authorized to enter into an agreement with
the State of Washington Master License Service under which that agency shall accept and process
City Business Registration Applications.
Section 5.05.030. Exemptions.
The following services and activities shall be exempt from the provisions of this chapter:
A. Persons who deliver newspapers and periodicals;
B. Persons who solicit orders from retail establishments via the telephone, internet or
mail for the delivery and sale of goods, wares and merchandise unless the person's place of
business is located within the City; •
C. Minors engaged in babysitting;
D. 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);
E. Sales by farmers or gardeners of their own farm products raised and grown exclusively
upon lands owned or occupied by them;
F. Providers of internet or wireless phone services where the provider operates from
premises located outside the City and the only event occurring within the City is receipt of such
goods and services; and
G. Temporary craft booths and food booths lasting ten (10) days or less in any one
location.
Section 5.05.040 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 5.05.050 Fee—Terms—Penalty.
A. Business registration shall occur on a calendar-year basis and shall expire on
December 31st of the year for which the registration was issued.
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B. A fee shall be charged for businesses registering for the 2005 calendar year and
years thereafter. Business registration fees shall be established by City Council resolution.
C. Failure to pay the registration fee by the applicable date shall result in a late fee of
50%of the annual registration fee.
U. Failure to pay the annual fee may result in non-issuance of a Washington State
License, as determined by the Washington State Department of Licensing.
Section 5.05.060. Transfer or sale of business-New license required.
Upon the sale or transfer of any business, the registration issued to the prior owner or
transferer 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 chapter.
Section 5.05.070. Violation -Penalty
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 2 civil infraction pursuant to
Chapter 7.80 RCN .
SECTION 2. 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 3. Effective Date. This Ordinance shall be in full force and effect five days after publication
of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law.
PASSED by the City Council this 10th day of August,2004.
—0,41
Michael DeVleming, Mayor
T •
-Kristine Bainbridge, City Clerk I
Approved A-s� Form: •
. • ` //
'I 1 ri kell, I i City Attorney
C ry
y
Date of Publication: ,- .O -Q
Effective Date: P a 5 o X
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