HomeMy WebLinkAboutCOW 2012-08-27 Item 3A - Ordinance - TMC Title 5 "Business Licenses and Regulations" AmendmentsCOUNCIL AGENDA SYNOPSIS
Initials ITEM NO.
Meeting Date I Prepared by I Mayor's review Council review
08/27/12 CW I
09/04/12 CW 3.A.
ITEM INFORMATION
STAFF SPONSOR: PEGGY MCCARTHY I ORIGINAL AGENDA DATE: 08/27/12
AGENDA ITEM TITLE An Ordinance amending Title 5 Business Licenses and Regulations
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing ❑Other
Mtg Date 08127112 Mtg Date Mtg Date Mtg Date 09104112 Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor HR DCD Finance Fire IT P&R Police PW
SPONSOR'S Finance staff has performed a review of Title 5 Business License and Regulations and have
SUMMARY identified some code changes/ modifications including: definition of business,
standardization of regulations for temporary business licenses, revisions to the appeal
process and some general housekeeping issues.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 08/21/12 COMMITTEE CHAIR: QUINN
RECOMMENDATIONS:
SPONSOR /ADMIN. Finance Department
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
08/27/12
RECORD OF COUNCIL ACTION
MTG. DATE I ATTACHMENTS
08/27/12 I Informational Memorandum dated 8/21/12
Ordinance in Draft Form
Business License Penalties /2012 Notices Issued
2011 Temporary Event Licenses Issued
9/4/12
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City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO:
Mayor Haggerton
Finance and Safety Committee
FROM:
Peggy McCarthy, Finance Director
BY:
Cindy Wilkins, Fiscal Specialist
DATE:
August 21, 2012
SUBJECT:
Amendments to TMC Title 5: Business Licenses and Regulations
ISSUE
Council is being asked to consider several amendments to Tukwila Municipal Code (TMC) Title 5:
Business Licenses and Regulations in order to increase efficiency and provide clarity in the Code.
BACKGROUND
In 2010, the Finance Department assumed responsibility for business licensing. In October 2011,
several changes were made to Title 5, as a result of this change. Since that time, the Finance
Department has identified areas of the Code in need of clarification and /or further explanation, in
order to assist in efficient processing of business license applications and renewals. These changes
will also help eliminate confusion for business license applicants. These recommended changes are
outlined below.
DISCUSSION
1. Update to the definitions of "Business" and "Business License Required"
The definitions of "Business" (TMC 5.04.010) and "Business License Required" (TMC 5.04.015)
need to be refined, in order to address questions in applicability.
Currently, the TMC states that if you are engaging in business in Tukwila, you are required to have
a business license. This wording is vague and has resulted in some challenges relating to who
should and who should not be required to have a business license in Tukwila. Specifically, some
of the challenges involve outside vendors and whether or not conducting business in Tukwila
when the vendor is located outside the City requires a business license. Staff believes that the
intent of the Code is to require a business license from any activity, occupation, pursuit or
profession located in or engaged within the City regardless if the physical location is within City
boundaries. Changing the definitions of "business" and "business license required" would add
clarity and enforceability to the Code.
The proposed draft definition of "business" was derived from a combination of definitions from
codes in the following cities including Kent, Redmond, and Kirkland. The proposed draft definition
of "business license" was derived from a combination of definitions from code language used in
Lynnwood and Redmond.
2. Temporary Business Licenses
In regards to temporary business licenses, the TMC reads that a business that employs fewer
than 10 employees is exempt from payment of a license fee (TMC 5.04.020(C)(7)). The primary
purpose of this section was intended to ensure events like sidewalk sales, carnivals and /or tent
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INFORMATIONAL MEMO
Page 2
sales of established businesses were in compliance with City regulations for safety issues with
tents, ample parking, adequate restroom facilities and other requirements. The Code has also
been applied to vendors at City sponsored events such as Tukwila Days, 4 th of July, or other
events at the Tukwila Community Center (TCC). Most vendors at these events have volunteers or
employ fewer than 10 employees so they are exempt from the business license fee.
For City sponsored events or events held at TCC, participating vendors complete a
Vendor /Exhibitor Opportunities form and pay the applicable fee at the Community Center in
addition to completing a Temporary Event application. The Temporary Event application is
redundant and takes time for staff to process a temporary license with no associated fee. The City
Council has expressed an interest in and a desire for these types of vendors to participate and
support our community in such events, and these processes will create a made more user
environment.
To recover the cost of processing a business license, staff recommends charging all other entities
applying for a Temporary Event License that are for a non -City sponsored event, the minimum $67
business license fee per application. This requires changing the definition of minimum fee (TMC
5.04.020 (7).
A summary of temporary business licenses issued in 2011 is attached for Committee review
(Attachment #3). The draft ordinance exempts City -run special events as discussed above, and
requires a temporary business license fee for all other vendors.
3. Fee for Late Acquisition or Renewal (TMC 5.04.050(A)
Currently, the Code processes late fees for delinquent business license renewals and late
acquisitions in the same manner. The current language works for late acquisition, but is not
efficient for business license renewal penalties. Late fees on business license renewals needs to
be identified separately.
Based on research conducted by staff on processing late fees in surrounding cities, there may be
a more efficient way to encourage timely payment of business license fees and compliance with
the Code. In comparison to other cities, Tukwila provides a generous policy regarding penalty fees
for late business license renewals. Staff believes that increasing the penalty fee will reduce staff
processing costs, time, and increase the likelihood of timely payments and complete the renewal
process in a shorter amount of time. Staff recommends implementing the changes outlined in
Attachment #3, and changing the Code accordingly.
4. Various Housekeepina Chances
Several housekeeping changes are recommended to add consistency and clarity to the Code.
These housekeeping items are discussed below:
The following sections of the Code need the word "City" added before "Clerk Any appeals the
City receives needs to be received by the City Clerk. Appeals (TMC 5.10.100) and Appeals
(TMC 5.56.100).
The appeal fee of $250 in Appeal of Notice of Denial, Suspension or Revocation (TMC
5.04.112) was inadvertently removed when the Code was initially changed in 2011, and needs
to be added back to the ordinance.
A few sections of the Code never included appeal language and were subsequently
challenged. It was thought that the appeal fee language in TMC 5.04.0112 (B) would apply to
all of Title 5; however since the language is Chapter specific, it does not apply to the other
Chapters in question. The language should be added to these sections, so the City can collect
appeal fees to help off -set the hearing examiner fees. The following sections are being
recommended for change: Appeals and Hearings Cabarets (TMC 5.08.080) and Adult
Cabarets TMC 5.10.100(A); and Appeals (A) Adult Entertainment Cabaret (TMC 5.56.100).
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INFORMATIONAL MEMO
Page 3
Add the term UBI (Unified Business Identifier) to factors that signify a Change in Nature of
Business (TMC 5.04.070) to clarify when a new business license application needs to be
submitted and applicable fees need to be collected. Currently the code only states that a
change in the nature of business or a change in ownership requires payment of the applicable
license fee. A change in the UBI number requires the fee to be paid as well.
RECOMMENDATION
The City Council is being asked to consider the ordinance amending Title 5 Business Licenses and
Regulations at the August 27, 2012 Committee of the Whole meeting and subsequent September 4,
2012 Regular Meeting.
ATTACHMENTS
Draft Ordinance
Business License Penalties /2012 Notices Issued
2011 Temporary Event Licenses Issued
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES
AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 5,
"BUSINESS LICENSES AND REGULATIONS," TO CLARIFY THE
DEFINITION OF "BUSINESS AMEND LANGUAGE RELATING
TO A TEMPORARY BUSINESS LICENSE, UPDATE LANGUAGE
DEFINING LATE ACQUISITION OF LICENSE AND PENALTY
FEES, AND REINSTATING THE FORMER APPEAL FEE OF
$250.00; PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, Title 5 of the Tukwila Municipal Code (TMC), "Business Licenses and
Regulations," was last updated November 2011 by Ordinance No. 2356; and
WHEREAS, a revision to the definition of "business" will help clarify when a City
business license is required; and
WHEREAS, the City Council desires to standardize regulations relating to a
temporary business license; and
WHEREAS, the City Council supports assessment of penalty fees for a business
operating without first obtaining a business license, and for businesses that fail to renew
their business license in the required timeframe; and
WHEREAS, revisions to the appeal procedures and appeal fees are needed for
consistency in filing of appeals relating to all sections of Title 5 and to help defray the
cost of Hearing Examiner fees;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Section 5.04.010, "Definitions," Amended. Ordinance Nos.
2356 §1, 2333 §1 and 2315 §1 (part), as codified at TMC Section 5.04.010,
"Definitions," under subparagraph 1 entitled, "Business," are hereby amended to read
as follows:
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1. "Business," means and includes all activities, occupations, trades, pursuits, or
professions located or enaaqed within the Citv that 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 g eneral n„hli,.
nr a perfien t h °re for any consideration to the person enaaginq in the same or to anv
other person or class, directly or indirectly, whether or not an office or phvsical location
for the business lies at eaGh established plaGe of busiReorc, C+ -er�T^° or yard within
the City limits.
Section 2. TMC Section 5.04.015, "Business License Required," Amended.
Ordinance Nos. 2333 §2 and 2315 §1 (part), as codified at TMC Section 5.04.015,
"Business License Required," are hereby amended to read as follows:
No person or persons shall conduct, maintain, operate, or engage in any business
within the City without first applying for and obtaining a business license and paying the
fee(s) as prescribed herein unless the business is exempt. The exemption is only from
the need to pay a fee for issuance of the business license and shall not be construed as
relief from compliance with other requirements of the Tukwila Municipal Code. All
businesses operating or engaginq in business within the City are required to submit a
business license application or renewal, as appropriate, regardless of whether a
business license fee is due to the City.
Section 3. TMC Section 5.04.020, "Application and Fees Required," Amended.
Ordinance Nos. 2356 §2, 2333 §3 and 2315 §1 (part), as codified at TMC Section
5.04.020, "Application and Fees Required," under subparagraph C entitled "Minimum
Fee," are hereby amended to read as follows:
C. Minimum Fee. There shall be a minimum fee for an annual license of $67.00,
consisting of a $12.00 business license fee and a $55.00 RGRL fee, except if the
b Ucin °cc q fer a f°mn°rary b sine l +Gense in aG r° wi TIVI S
5.04. 010 er is for an entity defined in TMC Section 5.04.090.
1. A business with less than $12,000.00 of annual gross receipts shall pay the
minimum license fee. A residential rental property with less than $12,000.00 of annual
gross receipts shall be exempt from the RGRL fee, but shall be subject to the license
fee requirements set forth in TMC Section 5.06.040.
2. An entity engaging in some activities or functions that are exempt from the
combined business license fee and some that are not exempt shall pay a license fee
based on the number of full -time equivalent employees involved in the functions or
activities that are not exempt.
3. An individual person operating more than one business as sole
proprietorship or owning more than one residential rental property within the corporate
limits of the City shall pay only one RGRL fee, at an amount equal to the highest RGRL
fee for any one of the multiple businesses, if not otherwise exempt from paying the
license fee pursuant to this chapter. TMC Section 5.04.020.C.3 shall not apply if any
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one of the businesses or properties owned by the sole proprietor has three or more full
time equivalent employees.
4. If a business has more than one location in Tukwila, the license fee
calculation shall include at least the minimum fee for each location.
5. The license fee for a business required to be licensed under this chapter
and not located within the City's corporate limits shall be calculated by multiplying the
license fee by the number of FTE employees working within the City, but in no event
shall the license fee be less than the minimum license fee set forth in this chapter. If the
number of FTE employees is not known at the time of renewal, the business shall
estimate the maximum number of FTE employees they anticipate working in Tukwila for
the 12 -month period subject to licensure.
6. Businesses doing business in the City that have no employees physically
working within the City shall pay the minimum fee required under this chapter.
7. Businesses or organizations e f eweF than 10 empl,,.,oc 2PA -that
a-re eligible for a temporary business license pursuant to TMC Section 5.04.010 shall be
exempt from payment „f a license fog will be required to pav the minimum $67.00
business license fee unless the applicant is participating at a City- sponsored event or as
part of an event held at the Tukwila Communitv Center. If an applicant is particioatinq
at a Citv- sponsored event or as part of an event held at the Tukwila Communitv Center,
thev will be required to complete all application requirements and approvals required by
the City's Parks and Recreation Department.
Section 4. TMC Section 5.04.050, "Fee for Late Acquisition or Renewal,"
Amended. Ordinance Nos. 2356 §4, 2333 §5 and 2315 §1 (part), as codified at TMC
Section 5.04.050, "Fee for Late Acquisition or Renewal," are hereby amended to read
as follows:
5.04.050 Fee for Late Acquisition or Renewal
A. Monetary Penalty. Failure to pay the license fee by the first day of
commencinq business operations w ithi n Qn days after the day en which i t —is due and
payable pursuant to TMC Section 5.04.020 will result in a late acquisition penalty equal
to shall render the b 6u bj e t nonol t- ^f 5% of the awe of license fee for
the first month of delinquency and an additional penalty of 5% for each succeeding
month of delinquency, but not to exceeding a total penalty of 25% of the aFnGURt Of
license fee_, plus any legal er administrative expeRses inGUrFed by the City.
Failure to pav the annual business license renewal fee by January 31st shall constitute
delinquency and shall result in a penalty equal to 15% of the business license fee for
applications and payment receipted or postmarked February 1 through February 28. If
application and pavment is receipted or postmarked March 1 throuqh March 31st, a
penalty of 30% of the business license fee will be added. If application and payment is
receipted or postmarked April 1 or later, a penalty of 45% of the business license fee
will be added. No business license for the current period shall be granted until all the
delinquent fees, together with penalties, have been paid in full. The Finance Director or
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his /her designee is authorized, but not obligated, to waive all or any portion of the
penalties and interest provided herein in the event the Director or his /her designee
determines that the late payment was the result of excusable neglect or extreme
hardship.
B. Collection of Fees and Penalties. Any license fee due and unpaid under this
chapter, and all penalties thereon, shall constitute a debt to the City and may be
collected in court proceedings in the same manner as any other debt in like amount,
which remedy shall be in addition to any and all other existing remedies.
C. Revocation of License. The Finance Director may revoke any business
license issued pursuant to this chapter to any business or other person who is in default
in any payment of any license fee hereunder, or who shall fail to comply with any of the
provisions of this chapter. Notice of such revocation shall be mailed to the license
holder by the Finance Director, and on and after the date thereof any such business that
continues to engage in business shall be deemed to be operating without a license and
shall be subject to any and all penalties herein provided.
D. There shall be a penalty of not less than $50.00 to reinstate any business
license revoked through nonpayment of the business license fee.
Section 5. TMC Section 5.04.070, "Change in Nature of Business," Amended.
Ordinance Nos. 2356 §5, 2333 §6 and 2315 §1 (part), as codified at TMC Section
5.04.070, "Change in Nature of Business," are hereby amended to read as follows:
The license granted in pursuance hereof shall be used to conduct the business or type
of business at the designated address for which such license is issued. Any change in
the nature of the business, a change in the Unified Business Identifier (UBI) issued by
the Washington State Department of Licensing, a change in the physical location of the
business, or a change in ownership of the business shall necessitate a renewed
application to the Finance Department. A change in the nature of business, change in
the Unified Business Identifer or a change in ownership will also require payment of the
applicable license fee.
Section 6. TMC Section 5.04.112, "Appeal of Notice of Denial, Suspension or
Revocation," Amended. Ordinance Nos. 2333 §9 and 2315 §1 (part), as codified at
TMC Section 5.04.112, "Appeal of Notice of Denial, Suspension or Revocation," are
hereby amended to read as follows:
A. Whenever the Finance Director, or his /her designee, determines there is cause
for suspending, denying or revoking any license issued or applied for pursuant to this
chapter, the Finance Director, or his /her designee, shall notify the person holding the
license, by registered mail or hand delivery, of his /her determination. Notice mailed to
the address on the license shall be deemed received three business days after mailing.
The notice shall specify the grounds for suspension, denial or revocation.
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B. The licensee or applicant may appeal the decision of the Finance Director, or
his /her designee, to suspend, deny or revoke a business license by filing a written
appeal to the City Clerk within 10 calendar days of the decision. The appeal must state
the grounds for appeal and the basis for why the decision was incorrect. To be
accepted the appeal must be accompanied by an appeal fee of $2-00.00 $250.00.
C. Upon receipt of the notice of appeal, the Finance Director shall set a date for
hearing the appeal before the City's Hearing Examiner. Notice of the hearing will be
mailed to the licensee or applicant.
D. The hearing shall be de novo. The Hearing Examiner may affirm, reverse or
modify the Finance Director's, or his /her designee's, decision.
E. The decision of the Hearing Examiner shall be final. Any appeal from the
administrative hearing shall be to King County Superior Court within 14 calendar days of
the Hearing Examiner's decision.
Section 7. TMC Section 5.08.080, "Appeals and Hearing," Amended.
Ordinance Nos. 2355 §6, 1796 §3 (part) and 1586 §2 (part), as codified at TMC Section
5.08.080, "Appeals and Hearing," are hereby amended to read as follows:
A. Any person aggrieved by the action of the Finance Director in refusing to issue
or renew any license under this chapter or in suspending or revoking any license under
this chapter shall have the right to appeal such action to the City Hearing Examiner, or
to such other hearing body as may hereafter be established by the City Council for the
hearing of such appeals, by filing a notice of appeal with the City Clerk within 10 days of
receiving notice of the action from which appeal is taken. The appeal must state the
grounds for appeal and the basis for why the decision was incorrect and include an
appeal fee of $250.00.
B. The hearing body, upon receipt of a timely notice of appeal, shall set a date for
a hearing of such appeal within 20 days from the date of such receipt, except as
specified in TMC Section 5.08.080.C. The hearing shall be de novo. The hearing body
shall hear testimony, take evidence and may hear oral argument and receive written
briefs. The filing of such appeal shall stay the action of the Finance Director, pending
the decision of the hearing body.
C. The decision of the hearing body on an appeal from a decision of the Finance
Director shall be based upon a preponderance of the evidence. The burden of proof
shall be on the appellant.
D. The decision of the hearing body shall be final unless appealed to the Superior
Court within 20 days of the date the decision is entered.
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Section 8. TMC Section 5.10.100, "Appeals," Amended. Ordinance No. 1778
§2 (part), as codified at TMC Section 5.10.100, "Appeals," is hereby amended to read
as follows:
A. Upon notice of non issuance, revocation .or suspension of any license under
this chapter, or imposition of any penalty under TMC Section 5.10.110, the applicant or
license holder may appeal by filing a notice of appeal, specifying the particular
reason(s) upon which the appeal is based, with the Citv Clerk within 10 days of a-nd
iRGIudiRg—the date of the notice of non issuance, revocation or suspension. To be
accepted, the appeal must be accompanied by an appeal fee of $250.00. A timely
notice of appeal shall stay the effect of the notice of non issuance, revocation,
suspension or imposition of any penalty under TMC Section 5.10.110. An untimely
notice of appeal shall be rejected as such by the City Clerk, and no appeal hearing shall
be scheduled. A warning notice to a manager, under TMC Section 5.10.110.A.1, shall
not constitute the imposition of a penalty.
B. Upon timely filing of a notice of appeal, the Clerk Director shall
schedule a hearing on the appeal before a Hearing Examiner. The hearing shall be
conducted no later than 45 days from the date of the notice of appeal, unless an
extension is agreed to by the appellant or otherwise ordered by the Examiner for good
cause shown. The Hearing Examiner shall have the authority to issue subpoenas for
persons and documents relevant to the appeal upon request of a party.
C. Within 20 days, excluding holidays recognized by the City of Tukwila, from the
date of the hearing on an appeal under this section, the Hearing Examiner shall issue a
written decision which shall set forth the reasons therefor.
D. A decision of the Hearing Examiner, or a decision of the City Clerk to reject an
appeal as untimely, shall be final, unless an application for a writ of review is filed with
the King County Superior Court and properly served upon the City of Tukwila within 14
calendar days of and including the date of the Hearing Examiner's decision.
Section 9. TMC Section 5.56.100, "Appeals," Amended. Ordinance Nos. 1747
§1 (part) and 1490 §2 (part), as codified at TMC Section 5.56.100, "Appeals," are
hereby amended to read as follows:
A. Upon notice of non issuance, revocation or suspension of any license under
this chapter, or imposition of any penalty under TMC Section 5.56.120, the applicant or
license holder may appeal by filing a notice of appeal, specifying the particular
reason(s) upon which the appeal is based, with the Citv Clerk within 10 days of and
+aGladiRg-- date of the notice of non issuance, revocation or suspension. To be
accepted, the appeal must be accompanied by an appeal fee of $250.00. A timely
notice of appeal shall stay the effect of the notice of non issuance, revocation,
suspension or imposition of any penalty under TMC Section 5.56.120. An untimely
notice of appeal shall be rejected as such by the City Clerk, and no appeal hearing shall
be scheduled. A warning notice to a manager, under TMC Section 5.56.110.A.1, shall
not constitute the imposition of a penalty.
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B. Upon timely filing of a notice of appeal, the Clerk Finance Director shall
schedule a hearing on the appeal before a Hearing Examiner. The hearing shall be
conducted no later than 45 days from the date of the notice of appeal, unless an
extension is agreed to by the appellant. The Hearing Examiner shall have the authority
to issue subpoenas for persons and documents relevant to the appeal, upon request of
a party.
C. Within 20 days, excluding holidays recognized by the City of Tukwila, from the
date of the hearing on an appeal under this section, the Hearing Examiner shall issue a
written decision, which shall set forth the reasons therefor.
D. A decision of the Hearing Examiner, or a decision of the City Clerk to reject an
appeal as untimely, shall be final, unless an application for a writ of review is filed with
the King County Superior Court and properly served upon the City of Tukwila within 14
calendar days of and including the date of the Hearing Examiner's decision.
Section 10. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations, or ordinance numbering
and section /subsection numbering.
Section 11. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 12. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 2012.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Jim Haggerton, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Shelley M. Kerslake, City Attorney Ordinance Number:
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Business License Renewal Penalties
(Penalty amount based on the License Fee due)
Tukwila (CURRENT)
If paid, Jan 1 Jan 31 No Penalty Fee Due
Feb 1 Feb 28 Add'I 5% Penalty Due
Mar 1- Mar 31 Add'I 10% Penalty Due
Apr 1 Apr 30 Add] 15% Penalty Due
May 1 May 31 Add'I 20% Penalty Due
Jun 1- Jun 30 Add'I 25% Penalty Due
July 1st To Code Enforcement
Redmond
if paid, Jan 1 Feb 14th No Penalty Fee Due
Feb 15 Mar 14th Add'I 50% Penalty Due
Mar 15 After Add'I 100% Penalty Due
Kirkland
If paid, Up to 29 days late Add'I $25 or 10% Penalty fee, whichever is greater
30 -59 days late Add'I $50 or 50% Penalty fee, whichever is greater
60 or more days Add'I $100 or 100% Penalty fee, whichever is greater
Burien
If paid, 30 or more days delinquent shall be subject to a penalty equal to the license fee.
Renton
If paid, Jan 1 Jan 31 No Penalty Fee Due
Feb 1 Feb 28 Add'I 5% Penalty Due
Mar 1- Mar 31 Add'I 10% Penalty Due, plus revocation fee of $50 and reinstating fee of $20
Apr 1- Apr 30 Add'I 15% Penalty Due, plus revocation fee of $50 and reinstating fee of $20
May 1- May 31 Add'I 20% Penalty Due, plus revocation fee of $50 and reinstating fee of $20
Jun 1 Jun 30 Add'I 25% Penalty Due, plus revocation fee of $50 and reinstating fee of $20
(per Linda Weldon, they usually don't have many accounts holding out till the end due to revoking their license)
Lynnwood
If paid, Feb 15th or After New application must be submitted with an add'I penalty fee of 150%
Seatac
If paid, 1 -15 days past due a penalty of 5% is due or $5 whichever is greater
16 -30 days past due a penalty of 10% or $10 whichever is greater
31 -45 days past due a penalty of 15% or $15 whichever is greater
46 -60 days past due a penalty of 20% or $20 whichever is greater
over 61 days a penalty of 100% is due
Kent'
If paid, after 90 days past due date is subject to a $50 reinstatement fee in addition to the license fee.
Staff Recommendation (PROPOSED)
Jan 1 Jan 31 No Penalty Fee Due
Feb 1 Feb 28 Add'I 15% Penalty Due
Mar 1 Mar 31 Add'I 30% Penalty Due
Apr 1- Apr 30 Add') 45% Penalty Due
May 1st Accounts referred to Code Enforcement
15
2012 Renewal Notices /Late Notices Issued
Renewal notices are sent out early December.
of Notices Sent
2546
Current Penalty Fees
479
Over 30 day late notices were issued on 2/2
License
Fee
5%
10%
15%
20%
25%
23
Based
on FTE
(After 1/31)
(After 2/28)
(After 3/31)
(After 4/30)
(After 5/31)
1 FTE
67.00 1
3.351
6.701
10.051
13.401
16.75
5 FTE
335.00
16.75
33.501
50.251
67.001
83.75
10 FTE
670.00 1
33.50
67.001
100.501
134.001
167.50
20 FTE
1,340.00 1
67.001
134.001
201.001
268.001
335.00
50 FTE
3,350.00
167.501
335.00
502.501
670.001
837.50
100 FTE
6,700.00 1
335.001
670.00
1,005.001
1,340.001
1,675.00
Proposed Penalty Fees
License
Fee
15%
30%
45% To Code Enforcement
Based
on FTE
(After 1/31)
(After 2/28)
(After 3/31)
May 1
1 FTE
67.00 1
10.051
20.101
30.151
5 FTE
335.00 1
50.25
100.501
150.751
10 FTE
670.00
100.50
201.00
301.501
20 FTE
1,340.00 1
201.001
402.00
603.001
50 FTE
3,350.00 1
502.501
1,005.001
1,507.501
100 FTE
6,700.00 1
1,005.001
2,010.001
3,015.001
2012 Renewal Notices /Late Notices Issued
Renewal notices are sent out early December.
of Notices Sent
2546
Renewal Notices were issued on 12/6/11
479
Over 30 day late notices were issued on 2/2
(5% penalty)
260
Over 60 day Late Notices were issued on 3/1
(10% penalty)
89
Over 90 day Late Notices were issued on 4/3
(15% penalty)
23
Over 120 day Late Notices were issued on 5/1
(20% penalty)
11
Over 150 day Late Notice were issued on 6/1
(25% penalty)
(Business Licenses are valid Jan 1 Dec 31)
16
Requestor
1 Allen Kim Entertainment
2 Anderson, Carter, Bascaou Assoc
3 Best Buy Stores
4 Boeing Stores
5 Cascade Amusements
6 CCCS EFKS Malua Seattle II
7
8
9
10 Electronic Transaction Consultants
11 Family Dog Training Center
12 Funtastic Shows
13
14 Great American Estate Roadshow
15 Highline United Methodist Church
16
17
18
19
20
21 Jenna's Red Rhino /J. Schmidt
22 M -T
23
24 Nutrition First
25
26 RACA Fuerte Church
27 Rags to Rugs Stuff
28 Rengelekel Belau
29
30 Rock Foundation Christian Ctr
31 Samoan Community Church
32
33
34
35
36 Seattle Metro Credit Union
37 Ski Bonkers
38 Visions Intl Feline Supplies
2011 Issued Temp Event Licenses
Event
Event Location
Event Date
(Jazz Art Show
Southcenter Mall
107/09/2011
Coin Show
Doubletree Hotel
12/1- 2/26/11
Movie in Parking Lot
Store Parking Lot
IThanksgiving Night
Annual Tent Sale
10002 E Marg Wy S
18/4- 8/7/11
(Carnival /Rides Mall
Southcenter Mall
15/27- 6/8/11
ICar Wash
114415 TIB
7/7- 7/8/11
1
7/14- 7/15/11
7/21- 7/22/11
7/28- 7/29/11
Tax Consultant
Southcenter Mall
12/20- 2/27/11
Dog Training
(Heritage Culture Ctr
108/20/2011
(Carnival /Rides Mall
Southcenter Mall
14/5- 4/15/11
1
7/21- 7/24/11
1Buy Collectables /Coins
Best Western
8/22 8/24/11
{Car Wash
114415 TIB
106/18/2011
107/09/2011
107/23/2011
1
07/30/2011
1
08/05/2011
1
108/13/2011
[Cat Show
ITukwila Comm Ctr
(10/15- 10/16/11
Cat Show
ITukwila Comm Ctr
5/21- 5/22/11
1
10/15- 10/16/11
[Breast Feeding Trng
ITukwila Comm Ctr
06/21/2011
1
1
09/27/2011
ICar Wash
114415 TIB
8/27 8/28 -11
1Cat Show
ITukwila Comm Ctr
10/15- 10/16/11
ICar Wash
(14415 TIB
8/21 8/22/11
1
8/27- 8/28/11
ICar Wash
14415 TIB
09/08/2011
{Car Wash
14415 TIB
6/3- 6/4/11
I
16/25- 6/26/11
I
I
17/9- 7/10/11
7/23- 7/24/11
I
7/30- 7/31/11
1 Mbrs Only Car Show
iParking Lot
106/11/2011
Parking Lot Sale
(Southcenter Mall
19/2- 9/6/11
(Cat Show
ITukwila Comm Ctr
110/15- 10/16/11
Car Washes The City no longer issues Temp Event licenses for carwashes.
City Sponsored Events /Events held at TCC Proposal Business License not needed
D AII others would be subject
to the Temp Business License application process
*For 2011 of the 12 that were
not carwashes or Tukwila Events,
6 paid license fees and 6 did not
Organization City
Renton, WA
Pasadena, CA
(Tukwila, WA
Tukwila, WA
(Portland, OR
{Seattle, WA
{Seattle, WA
{Seattle, WA
{Seattle, WA
(Richardson, TX
(Kent, WA
(Portland, OR
Portland, OR
Schaumburg, IL
Burien, WA
Burien, WA
Burien, WA
Burien, WA
Burien, WA
IBurien, WA
Kent, WA
Kelso, WA
Kelso, WA
Redmond, WA
(Redmond, WA
(Kent, WA
11-incoln City, OR
Renton, WA
Renton, WA
ISeattle, WA
JDesMoines, WA
IDesMoines, WA
IDesMoines, WA
(DesMoines, WA
(DesMoines, WA
Tukwila, WA
Bellevue, WA
IHappyValley, OR
W.
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
August 21, 2012 5: 15p. in.; Conference Room 43
City of Tukwila
Finance and Safety Committee
PRESENT
COUncilmembers: De'Sean Quinn, Chair; Dennis Robertson and Kate Kruller
Staff: David Cline, Peggy McCarthy, Jennifer Ferrar Santa -Ines, Cindy Wilkins, Craig Zellerhoff,
Stephanie Brown, Kim Gilman, Jack Pace and Kimberly Matej
Guests: Chuck Parrish, resident
CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:17 p.m.
Connniltee Chair Quinn changed the order of the agenda from that as outlined in the agenda packet front cover sheet. The
order in which items were discussed is outlined below.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Police Uudate: 2012 2" Ouarter Reoort
As information only, staff utilized a PowerPoint presentation to update the Committee on items of
significance that occurred in the Police Department during the second quarter. The information included
highlights, crime statistics and crime reduction strategies. INFORMATION ONLY.
B. Ordinance: Amendments to TMC Title 5 Business Licenses and Reeulations
Staff is seeking Council approval of several amendments to Tukwila Municipal Code (TMC) Title 5:
Business Licenses and Regulation in an effort to provide clarity and increase efficiency and applicability
of the TMC. Staff is seeking amendments to the following sections:
Definitions of Business and Business License Required
Provides for clarity; adding that any activity, occupation, pursuit or profession located in or
engaged with the City regardless of physical location defines a business and will require a
business license.
Temporary Business Licenses
With the exception of City- sponsored special events, which would be exempt; this change charges
a $67 fee per temporary business license which is the minimum charge for a regular business
license. Committee Chair Quinn requested that staff provide an estimate of late /penalty fees paid
in 2012.
Fee for Late Acquisition or Renewal
Provides for greater clarity and establishes stricter penalties for late renewals. in regard to late
acquisition fees, staff proposes removing the grace period and immediately processing the late fee.
Various Housekeeping Changes
Minor, non- substantive changes that make grammatical corrections and references as well as
adding appeal language.
The Committee is forwarding this item with unanimous approval to the Council; however, Chuck Parrish,
resident, asked that the Council consider a discussion regarding the definition of Business and Business
License Required as summarized above. UNANIMOUS APPROVAL. FORWARD TO AUGUST 27
COW FOR DISCUSSION.
19