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Ordinance 1139ORDINANCE NO. 0 3`1 AN ORDINANCE ADDING A NEW CHAPTER TO THE EDMONDS CITY CODE, CHAPTER 4.72, ESTABLISHING BUSINESS • LICENSES, PROVIDING FOR THE PROCEDURE OF APPLICA- TION, FEES, TERMS, ELIGIBILITY, RENEWAL, REVOCA- TION AND SUSPENSION. AND PROVIDING PENALTIES FOR VIOLATION THEREOF. THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. There shall be added to the Edmonds City Code a new chapter entitled Chapter 4.72, Business Licen- ses, and which shall read as follows: 4.72.010 Definitions In construing the provisions of this chapter, save when otherwiso declared or clearly apparent from the context, the following definitions shall be applied. 1. The term "person" shall include one or more persons of either sex, corporations, Nirtnerships, associations, or other entity capable of having an action at law brought againft such entity, but shall not include employees or persons licensed pursuant to this Chapter. 2. The term "business" includes all services and activities engaged in with the object of pecuniary gain, benefit or advantage to the person, or 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 follow- ing Chapters of the Edmonds City Code: 4.01 (B & 0 Tax); 4.04 (Advertising License); 4.12 (Peddlars & Solicitors); 4.16 (Trade Stimulators and Punch Boards); 4.20 (Cigarette Vending Machines); 4.24 (Gam:Licenses); 4.28 (Pinball Ma- chines); 4.32 (Public Amusements); 4.36 (Moving Picture hows); 4.40 (Public Dances); 4.48 (Cabaret Dances); 4.56 (Sound Trucks); 4.60 (Taxicabs); 4.64 (Garbage Collection); 5.28 (Fireworks); 11.16 (Sewer Code); 11.20 (Septic Tanks); _.r;_ 11.28 (Obstructing Public Places); or by Ordinance No. 1126 (CATV) and except nonbusiness activites carried on by a religious, charitable, benevolent, fraternal or social organization. 4.72.020 Business Lice nse_B2 uired. It shall be unlaw- ful for any person to conduct, operate, engage in or practice any business in the City of Edmonds that is conducted, operated, engaged in or practiced in whole or in part from real property located within said City, without having first obtained a business license from said City. If more than one business * conducted on a single premises= a separate license shall be required for each separate business con- ducted, operated, engaged in or practiced. 4.72.030 P ocsdure 1. Application for said Business Licenae shall be made in writing to the City Clerk upon a form provided by said Clerk, and the applicant shall at the same time deposit with the City Clerk in advance the license fee herein required. The application shall state the nature and address or addresses of the business or businesses, or proposed business or busi- nesses, of the applicant, and such other information as requested by the City Clerk. If the applicant be 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, a partner- ship or non-resident individual, by the resident agent or local manager of said corporation, partnership or individual. 2. The City Clerk shall present all applications for licenses to the Mayor. The Mayor shall cause an investiga- tion of the application to be made by the proper City officials and shall grant or refuse to grant the license within 15 days of the date of application. If an appli- cation is refused the reason for refusal shall be designa- ted on the application. The fee shall not be refunded. -2- 4.72.04C Fee and Term The fee for said business license shall be the sum of five ($5.00) dollars, and need not be renewed unless the licensee changes the nature of his busi- ness, adds a new business, or changes his address, in which case or cases the license shall be deemed expired and he • shall apply for a new license prior to commencing the new business or commencing any business at a new or additional address. Said licenses shall not be transferable. 4.72.050 Ineligible Activities. Notwithstanding any provision hereof to the contrary, a license hereunder may not be issued to any person who uses or occupies or pro- poses to use or occupy any real property or otherwise con- ducts or proposes to conduct any business in violation of the provisions of any ordinance of the City of 40monds or the statutes of the State of Washington. The grartting of a business license shall in no way be construed as permission or acquiescence in a prohibited activity or other violation of the law. 4.72.060 Revocation or _Suspension The City Council shall, at any time, suspend or revoke any license issued hereunder whenever the licensee or officer or partner thereof has been convicted in any court of competent jurisdiction of violating any statute of the United States or the State of Washington or any Ordinance of the City of Edmonds upon the business premises stated in the license or in connection with the business stated in the license; or where the place of • business does not conform to the ordinances of the City of Edmonds; Provided, a hearing thereon shall be had before such revocation or suspension, and the licensee shall be notified in writing by sending the same to the address stated in the license of the intention of the City Council to revoke or suspend said license at a regular meeting of said City Council at a time and date denominated in said notification giving the licensee at least six (6)days notice prior to the date -3- for the hearing. The licensee may appear at said time and be heard in opposition to such revocation or suspension. 4.72-08+0 Penalty for Violation Any person, as defined herein, and the officer- 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 chapter shall be guilty of a misde- meanor and, upon conviction, shall be punished by a fine in any sum not exceeding five hundred dollars or by impris- onment for a period not exceeding six months, or both, and each day of violation shall constitute a separate offense. 4.72.090 Severability In the event that any portion of this chapter shall be held illegal or unconstitutional, all the remaining portions hereof shall be and remain in full force and effect, it being expressly declared that each word, phrase, sentence and section, would have been prepared, proposed and adopted irrespective of any invalid provision. Section 2. This Ordinance shall take effect and be in force January 31, 1966. A ATTEST: 0 GORDON MAY • IRENE VARNEYMORON CITY CLERK, IRENE VARNEY MORAN PASSED BY THE CITY COUNCIL:_=•' I f9Ba FILED WITH THE CITY CLERK: SFP PUBLISHED: -4-