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HomeMy WebLinkAboutOrd 0208 - Business License (Repealed by Ord 537)ORDINANCE NO 208 REPEALED ORD 537 An Ordinance for the regulation and licensing of business ithin the Town of Tukwila, controlling the admission of new businesses in the corporate limits of the Town of Tukwila, defining offenses, providing penalties, and repealing Ordinance No. 79. Ordinance No. 203 BE IT ORDAINED BY THE TOWN COU1: Cil, OF THE TO r'rN 02 TU i 'W ILA, .1ASHINGTON Section 1. For the purpose of this Ordinance the following definitions shall obtain: The word "person shall mean any individual, receiver, agent, trustee in bankruptcy, trust, estate, firm, copartnership, joint venture,: com- pany, joint stock company, business trust, corporation, society, or group of individuals acting as a unit, whether mutual, cooperative, fraternal, non- profit or otherwise. The term "person engaged in business" shall mean the owner or one primarily beneficially interested in lawful business for profit and not employees. The term "business" shall mean any operation performed by any person which involves the manufacturing or processing of materials of any type, the sale of goods, wares, or merchandise, the rendition of services or the repair of goods, wares or merchandise, to the general public, or a portion thereof, for any consideration at an established place of business, store, shop or yard within the city limits of the Town of Tukwila. Section 2. Any person desiring to open up or conduct any business enter- prise or undertaking whatsoever within the corporate limits of the Town of Tukwila, shall first apply to the Town Council for a license to conduct such business. This application shall be made upon a form to be furnished by the Town Clerk, in which shall be stated the residence of the applicant, the nature of the business activity in which he desires to engage, the place where it is proposed to be con- ducted, and the amount of fees prescribed by this Ordinance. Section 3. If, upon investigation, the Town Council or committee ap- pointed by it ascertains that it is desirable that said person be allowed to conduct such business within the corporate limits of the Town of Tukwila, the Town Council shall instruct the Clerk to issue a license to the said person granting him the privilege to conduct said business for which license a charge of Five Dollars (5.00) shall be made. Section 4. The license fees set forth in this Ordinance shall be for the calendar year, and each such person engaged in business must pay the full license fee either for the current year or portion thereof during which year or portion thereof he engages in business. Provided further, that the licenses herein provided on or before Sept.. 10,1951, shall be issued for the remainder of 1951 by the payment of Two Dollars (2.00). Every license issued hereuhder shall expire on December 31st. next following after the date of its issue. Nothing in this Ordinance shall require fraternal or religious organizations, not operating for profit, to pay this license fee. Section 5. The license granted in pursuance hereof shall be personal to the licensee and shall not be assignable or transferable except upon the payment of a transfer fee of One Dollar( to the Treasurer. Section 6. The license granted in pursuance hereof shall be used to conduct the business or type of business for which issued. Any change in the nature of the business shall necessitate a renewed application to the Council. All businesses licensed under this Ordi- nance shall be conducted in a safe and sanitary manner free from dan- gers from fire and bodily injury in such a way not to endanger the health or well being of the community. T=Le premises of all such businesses shall be maintained in a neat and orderly condition. Section 7. It shall be the duty of the Clerk to require all persons engaged in business to procure such license and pay the fee therefor; and should any person fail to obtain the required license it shall be the duty of the Clerk to enforce collection thereof in the manner in this Ordinance provided and to cause the arrest of such per- sons failing or refusing to procure such license. Section 8. It shall be unlawful for any person to engage in or carry on any business activity in the Town of Tukwila without first procuring a license so to do as above provided. Said license shall there- after be prominently displayed in the permanent place of business of the applicant. Section 9. Nothing in this Ordinance shall be construed as interfering with, regulating or taxing interstate or foreign commerce, nor as regulat- ing or taxing any person in business against whom the right of taxation has already been pre empted by the State of Washington, nor as regulat- ing or taxing any business already covered by the Ordinances of the Town of Tukwila, nor as giving to any person the right to obstruct the streets, sidewalks, or other public places in the Town. Section 10. Nothing in this Ordinance shall be construed to require a license by any person for the sale of agricultural products or produce when the person selling such agricultural products or produce has raised or produced them within the corporate limits of the Town of Tukwila. Section 11. If any person engaged in business shall fail or refuse to pay the license fee for any year as herein provided, he shall not be granted a license for the current year until such delinq- uent license has been paid in addition_ to the current fee as required. If any person engaged in business shall fail or refuse to pay the license fee for any year as herein provided, such fee may be collected by the city by proper legal action brought for the pth.rpose. This remedy is cum- ulative and not exclusive. Section 12. Nothing in this Ordinance shall prohibit any person actively engaged in business on July 2,1951, from being granted a license after compliance with the provisions of this Ordinance. Section 13. No license issued under this Ordinance shall be revoked or denied without cause. The holder of any license denied or revoked for cause shall be granted a public hearing if the holder so requests.. No section or part of section of this Ordinance shall be changed without thirty(30) days' public notice prior to such change. Section 14. Any person violating any of the provisions of this Ordinance shall be punished by a fine not exceeding One Hundred Doll ars(0100.00). or by imprisonment for not to exceed thirty(30) days, or both such fine and imprisonment. Each day of continued violation of this Ordinance shall constitute a separate offense hereunder. Section 15. If any section, paragraph, or-portion of his Ordinance shall for any reason be held by a court of competent juris- diction to be unconstitutional or invalid, such ruling shall not effect the remaining items, parts, or provisions of this Ordinance. Section 16. Ordinance No.79 of the Town of Tukwila is hereby repealed. This Ordinance shall become effective five(5) days after its passage, signing and posting as provided by law. PASSED THE TOWN COUNCIL and approved by the itayor this 4th day of September 1951 Mayor Chas O. Baker City Clerk Lois T. Newton