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Ordinance 2315S MAE:lc 7/26/82 ORDINANCE NO. 2315 AN ORDINANCE OF THE CITY OF EDMONDS, WASH- INGTON, AMENDING SUBSECTION 4.72.O10B OF THE EDMONDS CITY CODE RELATING TO THE DEFINITION OF THE TERM "BUSINESS" AND ADD- ING A NEW SECTION 4.72.065 TO THE EDMONDS CITY CODE RELATING TO THE BUSINESS LICENSE OF A BUSINESS THAT IS SOLD OR TRANSFERRED. WHEREAS, the City of Edmonds requires a business license of all business located within the city limits for the purposes of inventory and insuring compliance with the various provisions of the City Code, including the Uniform Building Code and the Uniform Fire Code as adopted, and WHEREAS, the City Council finds that it is in the best interests of the citizens of the City to refine the definition of the term "business" and to make specific pro- vision for the automatic expiration of a license issued to a business which is sold or transferred to new proprietors, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, DO ORDAIN AS FOLLOWS: Section 1. Subsection 4.72.O10B of the Edmonds City Code defining the term "business" is hereby amended to read as follows: B. Business. The term "business" includes all ser- vices activities engaged in with the object of pecuniary gain, benefit or advantage to the person, or to another person or class, directly or indirectly, whether part-time or full-time, except those business activities for which licenses or franchises are required by the following chapters of the Edmonds City Code: 4.04 (Advertising License); 4.08 (Ambulance Operators); 4.10 (Tow Truck Operators); 4.11 (Motor Vehicle Wreckers); 4.12 (Peddlers and Solicitors); 4.20 (Liquor Licenses); 4.48 (Cabaret Dances); 4.50 (Public Massage Parlors and Public Bathhouses); 4.56 (Sound Trucks); 4.60 (Taxicabs); 4.64 (Garbage Collection); (Obstructing Public Places); 4.68 (Community Antenna Television Systems); or by 4.75 (Pawnbrokers) and except nonbusiness activities carried on by a religious, charitable, benevolent, fraternal or social organization; provided, however, that the owner of any apartment building containing three or more rental units shall be considered to be engaged in a "business" for the purposes of this Chapter. Section 2. A new Section 4.72.065 is hereby added to Chapter 4.72 of the Edmonds City Code to read as follows: 4.72.065 Transfer or Sale of Business --New License Required Upon the sale or transfer of any business licensed by this Chapter, the license 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 of Edmonds shall apply for a new business license pursuant to the procedures established by this Chapter. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance should be held to be invalid or unconstitutional by a court of competent juris- diction, such invalidity or unconstitutionality shall not -2- affect the validity or constitutionality of any other sec- tion, sentence, clause or phrase of this ordinance. Section 4. This ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law. APPROVED: r ti MAYOR, H. H. HARRISON ATTEST/AUTHENTICATED: DEPUTY CITY ALE~ RKRNEY-41eR4- APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WI THE CITY CLERK: July 27, 1982 PASSED BY THE CITY COUNCIL: August 3, 1982 POSTED: August 4, 1982 EFFECTIVE DATE: August 9, 1982 -3- c AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ) ) ss: COUNTY OF SNOHOMISH ) JACQUELINE G. PARRETT , being first duly sworn on oath deposes and says that s he is over the age of eighteen (18) years and is competent to testify as to the matter stated herein. There is no official newspaper or other newspaper printed and published within the City. In accordance with RCW 35A.12.160, on the 4th day of August _, 19 82, affiant posted true and correct copies of the attached Ordinance No. 2315, passed by the City Council on the 3rd day of August , 1982 , at the official posting places for City notices which are the public bulletin boards at the following locations: Edmonds Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Public Library Civic Center, 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Branch of United States Post Office 201 Main Street Edmonds, Washington 98020 DATED this 4thday of August , 19 83 SUBSCRIBED AND SWORN to before me this r day of 19� Notary Pu c in and fo State of ash' o ng at ��p/lp