HomeMy WebLinkAbout03/03/2020 06H Licenses and Business Regulations; YMC Amendment Title 5 ti i..asxntntj kd
g$Ag
‘c•AimmoPs'f
aY ae..
x°'naa.x,,4n
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.H.
For Meeting of: March 3, 2020
ITEM TITLE: Ordinance amending Yakima Municipal Code Title 5 - Licenses and
Business Regulations to comply with the State Department of
Revenue Business Licensing Services
SUBMITTED BY: Glenn Denman, Code Administration Manager(509) 575-6268
Sara Watkins, Senior Assistant City Attorney
SUMMARY EXPLANATION:
In 2018, the State Legislature passed House Bill 2259 mandating that cities transfer their
business license application processes over to the State's Business Licensing System (BLS).
The BLS simplifies the application process for business owners so they are able to apply for and
maintain (renew)their State license as well as their individual local jurisdictional licenses through a
singe portal, rather than having to go through multiple portals or application processes. This
proposed business license ordinance makes necessary changes so that our local license
application process dovetails into the new BLS application process. Other minor changes include
cleaning up language that refers to department titles that have changed, and deleting mobile food
vendor requirements that are already part of the application process of the Yakima Health District.
The Community Development Department has been working with the State Department of
Revenue for over a year going over the fine points of the changes, and the "go live" date with the
State is anticipated to be April 2, 2020.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Pass Ordinance
ATTACHMENTS:
Description Upload Date Type
CI card r dline 124120 0 a r Memo
2
D Orranance_YMC131th_Clcon 2123'7020 Ordinance
3
Title 5
LICENSES AND BUSINESS REGULATIONS*
Chapters:
5.01 General Provisions
5.11 Panoram Licenses
5.12 Billiard and Pool Halls—Amusement Devices
5.26 Closing Out Sales
5.28 Dancehalls and Cabarets
5.30 Adult Entertainment
5.42 Junk Dealers
5.46 Liquor—Entertainment License
5.49 Gambling Taxes
5.50 Occupation Taxes—Utilities
5.52 Occupation Taxes—General
5.53 Outside Promotional Sales
5.54 Pawnbrokers
5.56 Peddlers
5.57 Mobile Food Vendors
5.64 Secondhand Dealers
5.70 Secondhand Precious Metal Dealers
5.76 Tattooing
5.78 Taxicabs and Vehicles for Hire
5.79 Transportation Network Company
5.80 Sidewalk Cafes and Street Beautification Projects
5.90 Commute Trip Reduction Program
5.94 Cable Rate Regulation
5.96 Ambulance Services
5.98 Temporary Use Permits
5.99 Tourism Promotion Area
* Statutory authority—See RCW 35.22.280.
4
Chapter 5.01
GENERAL PROVISIONS
Sections:
5.01.010 Violation Penalties.
5.01.020 Civil and criminal prosecution of violators.
5.01.030 Enforcement duties of code administration manager and the manager and the director of community
and economic development.
5.01.040 False information.
5.01.050 Violations as nuisances.
5.01.060 Business license Denial, revocation, or refusal to renew Grounds Appeals.
5.01.010 Violation—Penalties.
A. For all provisions of Title 5 except the provisions of Chapter 5.90; it is unlawful for any person, firm or
corporation to violate any such provision or fail to comply with any requirement in any such provision. Unless
otherwise stated in this title, any person convicted of violating any provision or of failing to comply with any
requirement of such provision shall be punished by a fine not to exceed five hundred dollars. Upon the second or
subsequent convictions of the same offense for which a person, firm or corporation, within the preceding year,
has been convicted of or forfeited bail on, the punishment shall be a fine of not more than one thousand dollars or
imprisonment in the city jail facility for not less than ten days nor more than ninety days or both such fine and
imprisonment for each such conviction. If the violation of or failure to comply with the provisions is of a
continuing nature, then each day shall constitute a separate criminal offense.
B. Civil Offense. As an additional and concurrent remedy for the violation of a provision of Title 5 other than
provisions of Chapter 5.90,the city may bring a civil action against any person for violation or failure to comply
with any such requirement. The penalty shall be five hundred dollars. If the violation or failure or comply with
such provisions and requirements of this title is of a continuing nature, then each day shall constitute a separate
civil offense. The city shall not bring a civil penalty action as provided by this subsection for violation or failure
to comply with the terms of YMC 5.49.050.
C. This section is not applicable to provisions of Chapter 5.90. Violations of Chapter 5.90 are governed by
YMC 5.90.070(c) and (d).
(Ord. 93-29 § 1, 1993: Ord. 3083 § 1, 1988: Ord. 1533 § 1, 1973).
5.01.020 Civil and criminal prosecution of violators.
For the purpose of civil and criminal prosecution under this title, "person"means and includes natural persons,
firms, copartnerships and corporations, and other associations of natural persons, whether acting by themselves or
by servants, agents or employees. Every person concerned in the commission of a criminal violation of this title,
whether he directly commits the act or effects the commission constituting the offense, or aids and abets the
same, and whether present or absent, and every person who directly or indirectly counsels, encourages, hires,
commands, induces or otherwise procures another to commit such criminal violation, is and shall be a principal
under the terms of this title, and shall be proceeded against and prosecuted as such.
(Ord. 3083 § 2, 1988).
5
5.01.030 Enforcement duties of code administration manager and the director of community
ax€�>nem a development.
It is the duty of the code administration manager to enforce this title with the exception of Chapter 5.90. It is the
duty of the director of community en'rsa ie development to enforce Chapter 5.90.
(Ord. 93-29 § 2, 1993: Ord. 3083 § 3,1988).
5.01.040 False information.
It shall be unlawful for any person to make a false statement on any application provided for under this title or
otherwise provide false information under the provisions of this title.
(Ord. 3083 § 4, 1988).
5.01.050 Violations as nuisances.
Conducting any business or activity contrary to the provisions of this title is a public nuisance, subject to
prevention or abatement by injunction or other appropriate remedy in the Superior Court of the state of
Washington for Yakima County.
(Ord. 3083 § 5, 1988).
5.01.060 Business license—Denial, revocation, or refusal to renew—Grounds—Appeals.
A. The code administration manager, or his or her designee, has the power and authority to deny, revoke or
refuse to renew any business license issued under the provisions of this title in order to further the public interest
in public health, safety and welfare. The code administration manager, or his or her designee, shall provide notice
to said licensee in writing by certified mail of the denial or revocation of, or refusal to renew, his or her license
and on what grounds such a decision was based. The code administration manager may deny, revoke or refuse to
renew any license issued under this title upon a finding that any applicant, licensee, owner, or any officer or agent
thereof
1. Has omitted to disclose any material fact necessary to make a statement not misleading in any
application for the license; or
2. Has charges pending against her/him or has been convicted of a crime or offense that directly relates to
the activity for which the license is required, and the time elapsed since the date of conviction or release from
jail or prison, whichever is more recent, is less than ten years; or has been convicted of several crimes
including at least one within the last ten years; provided, however, that any licensee whose license is revoked
because of charges pending against her/him may engage in the activity for which the license is required,
pending a final decision on the charges; or
3. Has been subject to an adverse finding in any judgment or order which directly relates to the activity
for which the license is required in any judicial or administrative proceeding in which fraud, deceit, coercion,
breach of trust, unfair method of competition, unfair or deceptive trade act or practice, or assertion of
unconscionable contractual provisions, or other similar act, practice, or conduct, on the part of the licensee-
applicant is proven, and the time elapsed since the judgment or order is less than ten years; or
4. Has violated or failed to comply with any applicable provisions of this code or rule or regulation
prescribed under this title; provided,that failure to obtain a license shall not be grounds for license denial; or
6
5. Is in default in any payment of any fee or tax required under Title 3 or 5, or required under any parking
business improvement area established pursuant to Chapter 35.87A RCW; or
6. Has been subject to an adverse finding in any judgment or order in any judicial or administrative
proceeding for violation of any provision of a city ordinance or rule or regulation prescribed thereunder
pertaining to fire, building, health, sanitation, zoning, weights and measures, consumer protection,
environmental protection, or any other ordinance or law and that is applicable to the licensed activity or
licensed premises; or
7. Has been determined to have discriminated against any person because of race, color, age, sex, marital
status, sexual orientation, gender identity, political ideology, creed, religion, ancestry, national origin, or the
presence of any sensory, mental, or physical handicap in the course of licensed activity, in violation of a city
ordinance, law, rule or regulation prescribed thereunder; or
8. Has violated or failed to comply with any final order of the code administration manager or hearing
examiner; or
9. Has failed to complete the application for a license as required by this code; or
10. Has failed to obtain a license or permit required by state or other law necessary to engage in the
licensed activity; or
11. Has failed to comply with RCW Chapters 49.12 and 28A.28, and rules and regulations promulgated
pursuant thereto, regarding employment of minors; or
12. Any licensee has permitted or authorized his/her agent to violate or fail to comply with any provision
of this code; or
13. The property at which the business is located has been determined by a court to be a chronic nuisance
property as provided in YMC Chapter 11.45.
B. No license issued under YMC Title 5 shall be revoked, denied or refused renewal by the code
administration manager except in accordance with the procedure and on the grounds provided in this title. Parties
aggrieved by the code administration manager's decision to revoke, deny or refuse renewal of a license issued
under this title shall have the same opportunity for appeal, under the same procedure as is described in YMC
5.52.120.
The period of denial, revocation or nonrenewal shall be at least one year, and the licensee or any person (as
defined in YMC 5.52.020) in which the licensee is a principal shall not again be licensed during such period.
C. Appeals. The applicant may appeal the decision of the code administration manager to deny, revoke or
refuse to renew a business license. An appeal of the administrative official's decision shall be to the legislative
body in accord with the process and procedure set forth in YMC 15.16.040 and 15.16.050. Decisions of the
legislative body may similarly be appealed to the Yakima County superior court in accord with the process and
procedure set forth in YMC 15.16.060.
The filing of an appeal shall not stay any actions of the administrative official denying, revoking or refusing to
issue a business license associated with the business license decision being appealed.
(Ord. 2010-18 § 2, 2010).
7
Chapter 5.11
PANORAM LICENSES
Sections:
5.11.010 Definitions.
5.11.020 Panoram location license—Required.
5.11.030 Panoram location license—Nontransferability—Fee.
5.11.040 Panoram operator's license.
5.11.050 Panoram device license.
5.11.060 Panoram premises regulations.
5.11.070 Use by minors prohibited.
5.11.080 Premises prohibited within three hundred feet of a school.
5.11.090 Separate violations.
5.11.100 Severability.
5.11.020 Panoram location license—Required.
It is unlawful for any person who owns or occupies any premises for business purposes to display, exhibit,
expose or maintain upon those premises any peepshow or panoram without having obtained a license to do so
according to the provisions of this chapter, which license shall be designated a panoram location license. 'E'he
license rewa7red under this cha}t,,. is separate from and in ,addition to the liusiness license issued under Chanter
5.52 YNIC, which roav also be required when applicable.
(Ord. 2080 § 1 (part), 1977).
8
Chapter 5.12
BILLIARD AND POOL HALLS—AMUSEMENT DEVICES
Sections:
5.12.010 Definitions.
5.12.020 Licenses.
5.12.030 Information required on license.
5.12.040 Prohibited refunds.
5.12.050 Prohibition against using license of another or assignment.
5.12.060 Confiscation and padlocking of machines.
5.12.070 Minors.
5.12.080 Operation of jukeboxes.
5.12.090 Revocation of licenses—Procedures.
5.12.100 Severability.
5.12.020 Licenses.
A. Licenses Required. Commencing March 1, 1987, it is unlawful for any person to install, maintain or
operate in any business establishment or for the purposes of profit within the city of Yakima any amusement
device, pool table or billiard table without first obtaining from the city the applicable license and paying to the
city of Yakima the appropriate license fee as required by this section. "Ii„ licenses roc uired under this cl;a Act arc
separate from and in addition to the business lice se issued under Chapter 5.52 5 MC. which may also be
B. Business Operator's License Fee. Each business operator who installs, maintains or operates an
amusement device owned by the business operator at the business operator's location shall pay an annual license
fee of fifteen dollars and seventy-five cents per amusement device. This license shall be for each amusement
device and, at the time of obtaining the license, the business operator shall furnish the city with all appropriate
information as may be required, including a description and serial number of each amusement device being
licensed.
The license fee for each billiard table or pool table shall be the amount of fifty-three dollars and forty-eight cents
per year, payable annually in advance to the city at the time application is made for such license.
C. Location Licenses for Amusement Device Operators. Each amusement device operator shall, before doing
business within the city limits of the city of Yakima, obtain a license from the city by paying an annual license
fee of fifteen dollars and seventy-five cents per amusement device. The amusement device operator shall furnish
the city with all information as may be required including, but not limited to, a list of locations where the
amusement operator has installed, maintains, or operates amusement devices, pool tables and billiard tables, and
the number and location of the same.
(Ord. 3143 § 4, 1988: Ord. 3002 § 4, 1987: Ord. 2926 § 4, 1985: Ord. 2863 § 2 (part), 1985).
9
Chapter 5.26
CLOSING OUT SALES
Sections:
5.26.010 Definitions.
5.26.020 License required.
5.26.030 Use of certain words without license prohibited.
5.26.040 Application for license.
5.26.050 Bond.
5.26.060 Tenn of license.
5.26.070 Renewal.
5.26.080 Requisites to issuance of license.
5.26.090 Commingling of goods.
5.26.100 Purchase with intent to commingle.
5.26.110 Additional goods.
5.26.120 License fee.
5.26.130 Revocation of license.
5.26.140 Inspection of premises.
5.26.150 Severability.
5.26.020 License required.
Except as to sales under judicial process, it shall be unlawful for any person to hold any sale defined in Section
5.26.010 hereof, or to advertise, represent or hold out that any sale of goods, wares or merchandise is a sale of
distress goods, wares or merchandise or is a removal or closing out sale in the city of Yakima unless such person
shall have first obtained a license to conduct such sale pursuant to the provisions of this chapter. Ili icDifl..
required under tiits chapter is separate from and in addition to the business license issued under Chapter 5.52
Y. MC. thick mi.r' also be "equired when applicable.
`ble.
(Ord. 114 § 2, 1960).
10
Chapter 5.28
DANCEHALLS AND CABARETS*
Sections:
5.28.010 License required:
5.28.020 Permit required.
5.28.030 Public dancehall defined.
5.28.040 Cabaret defined.
5.28.050 Public dance defined.
5.28.060 License fee.
5.28.070 Permit fee for public dance.
5.28.080 Permit fee for cabaret.
5.28.090 Application for license.
5.28.100 Application for permit.
5.28.110 Investigation.
5.28.120 Revocation of licenses and permits.
5.28.140 General rules and regulations.
5.28.150 Severability.
* Statutory provisions---See RCW Ch.67.12.
For provisions regarding liquor sales,see Ch.5.46 of this code.
5.28.010 License required.
It is unlawful for any person,firm, association, society or corporation owning or controlling any hall or floor
space in the city of Yakima to allow the same to be used as a public dancehall or cabaret without first obtaining a
license so to do as hereinafter provided. ::=I. 1 : 1.... t 11 .a' t sd ii::: c h a tcr,t . 'I ........a tr 1n....at 11 .I iii .1......
to the business license issued under Chapter 5.52 a MC lthttf...7 may also be required \ itt9}i applicable.
(Ord. B-65 § 1, 1934).
5.28.020 Permit required.
It is unlawful for any person,firm, association, society or corporation to engage in, sponsor or conduct public
dances or cabarets in any unlicensed hall or floor space in the city of Yakima; and provided further, it is unlawful
for any person, firm, association, society or corporation to engage in, conduct or sponsor public dances or
cabarets in the city of Yakima without first obtaining a permit so to do as hereinafter provided. Th permits
required under this cha7ter are separate from and in addition to the business license issued under Chanter 5.52
YS ilk. 1', .i i.i. iriay also } ,
5 r ... �.tj4}ti��.'tl Y,ft4'}t .1d��7� 5,.�.ric..
(Ord. B-65 § 2, 1934).
11
Chapter 5.30
ADULT ENTERTAINMENT
Sections:
5.30.005 Intent.
5.30.010 Definitions.
5.30.012 License prohibited to certain classes.
5.30.020 Licenses—Application.
5.30.025 Temporary license—Issuance.
5.30.030 License—Issuance.
5.30.040 Standards of conduct and operation.
5.30.045 Allowing minor in adult entertainment establishment.
5.30.050 Inspection.
5.30.060 Denial or revocation of license.
5.30.070 Appeal of license suspension or revocation.
5.30.080 Stay of license suspension or revocation.
5.30.090 Penalties.
5.30.100 Severability.
5.30.005 Intent.
This chapter is intended to protect the general public health, safety and welfare of the citizenry of the city through
the regulation of the operations of adult entertainment establishments. The regulations set forth in this chapter are
intended to prevent health and safety problems in and around entertainment establishments and to prevent
dangerous and unlawful conduct in and around adult entertainment establishments. The licenses required under
this chapter are Separate from and in a iditionn t{; the business license issued under Chapter 5„+2 } MC', which may
(Ord. 2012-58 § 2 (Exh. A) (part), 2012: Ord. 94-24 § 1, 1994).
Yakima Municipal Code Page 10/33
Chapter 5.42 JUNK DEALERS* 12
Chapter 5.42
JUNK DEALERS*
Sections:
5.42.010 Junk defined.
5.42.020 License required—Fees.
5.42.030 Transfer of license.
5.42.040 Location of business—Posting of license.
5.42.050 Signs on wagons.
5.42.060 Register of purchasers.
5.42.070 Daily report.
5.42.080 Purchase from minors.
5.42.090 Hours of purchasing.
5.42.100 No sale for three days.
5.42.110 Access by police.
5.42.120 Employer liable for servant's acts.
5.42.130 Bond.
5.42.150 Revocation of license.
* Statutory authority—See RCW Ch.19.60.
5.42.020 Licenses required—Fees.
It is unlawful for any person, firm or corporation to engage in the business of buying, selling or collecting junk in
the city of Yakima without first obtaining from the city a license so to do, which shall be known as a junk
dealer's license. The fee for issuing such license shall be one hundred fifty-three dollars and fifteen cents per
year, and no license shall be issued for a period of more or less than one year. '1110 1iccr:sc : gsar d under this
chapter is separate _:'on. and in addition to the business license issued under Chapter5.52 . MC, 14'hicli may also
be :ectliired
applicablo
(Ord. 3143 § 7, 1988: Ord. 3002 § 7, 1987: Ord. 2926 § 8, 1985; Ord. 2838 § 8, 1985; Ord. 2736 § 8, 1983: Ord.
1880 § 16, 1975: Ord. A-455 (part), 1920: Ord. A-260 §§ 2, 3, 1917).
The Yakima Municipal Code is current through Ordinance 2019-013,passed July 2,2019.
13
Chapter 5.46
LIQUOR—ENTERTAINMENT LICENSE
Sections:
5,46.010 License required.
5.46.020 Application for license.
5.46.030 Fee—Designation of floor space—Term.
5.46.040 Conduct of persons on premises.
5.46.010 License required.
No premises holding a state license for the sale of beer, wine, whiskey, or other intoxicating liquor for
consumption upon the premises shall provide or allow music, dancing or entertainment to be conducted on such
premises unless the owner or operator thereof has first secured a city license so to do; provided that the words
"music" and "entertainment" as herein used shall not apply to radios,television sets or mechanical musical
devices, where dancing is not permitted. The e Iiecsnsz, recruited under this chapter is separate from and in addition
(Ord. B-1576 § 1, 1954).
14
Chapter 5.50
OCCUPATION TAXES—UTILITIES
Sections:
5.50.010 Exercise of revenue power.
5.50.020 Definitions.
5.50.030 License required.
5.50.040 License tax year.
5.50.050 Electric,telephone,and gas businesses.
5.50.055 Brokered natural gas tax.
5.50.060 Water businesses.
5.50.065 Cable television business—Annual fee.
5.50.070 Deductions.
5.50.080 Application for license.
5.50.090 Payment.
5.50.095 Cellular telephone service businesses—Service location.
5.50.100 Commencement of business during tax year.
5.50.110 Prerequisite for monthly payments.
5.50.120 Sale or transfer of business.
5.50.130 Taxpayer to keep record—Returns to be kept confidential.
5.50.140 Authority of clerk to investigate.
5.50.150 Over or under payment.
5.50.160 Remedy for nonpayment.
5.50.170 Appeals.
5.50.180 Director of finance and budget authorized to make rules.
5.50.190 Posting of license—Unlawful use.
5.50.200 Unlawful acts.
5.50.205 Referendum procedure.
5.50.210 Severability.
5.50.030 License required.
No person shall engage in or carry on any business, occupation, pursuit or privilege for which a license fee or tax
is imposed by this chapter without having first obtained, and being the holder of, a valid and subsisting license to
do so, to be known as an occupation license.
Any person engaging in, or carrying on, more than one such business, occupation, pursuit or privilege shall pay
the license tax so imposed upon each of the same.
Any taxpayer who engages in, or carries on, any business subject to tax hereunder without having his or her
occupation license to do so shall be guilty of a violation of this chapter for each day during which the business is
so engaged in or carried on, and any taxpayer who fails or refuses to pay the license fee or tax or a part thereof on
or before the due dates shall be deemed to be operating without having his or her license to do so.
ie license or licenses and respective e lees o' taxes required under this chapter are separate from, and in addition
t7 the business license rot.:S_r•ed is dc'r Cha )ter 5.52 'Nt „ v- 3ich ina-v also be rc',. uircd when at) )11eable.
(Ord. 2005-56 § 1 (part), 2005: Ord. B-95 § 3, 1935).
15
Chapter 5.52
OCCUPATION TAXES—GENERAL
Sections:
5.52.010 Exercise of revenue license power.
5.52.020 Definitions.
5.52.025 Financial institutions License fee imposed.
5.52.030 Persons subject to license Fees.
5.52.040 Business located outside city.
5.52.050 Exemptions.
5.52.060 Business license required.
5.52.070 Business license regulations and procedures.
5.52.080 Employment records.
5.52.090 Payment of license fees Penalty.
5.52.100 Over or under payment of license fee.
5.52.110 Failure to make application.
5.52.120 Appeals Notice Subpoena power.
5.52.130 Clerk to make additional rules.
5.52.140 Mailing of notices Failure to receive.
5.52.150 False applications, testimony, etc.
5.52.160 License fee additional to others.
5.52.170 Tax constitutes debt.
5.52.180 Severability.
5.52.190 Time limit on action to collect.
5.52.010 Exercise of revenue license power.
The provisions of this chapter shall be deemed an exercise of the power of the city of Yakima to license for
revenue.
(Ord. B-2014 § 1, 1957).
5.52.020 Defmitions.
In construing the provisions of this chapter, save when otherwise declared or clearly apparent from the context,
the following definitions shall be applied:
(a) "Year"means calendar year.
(b) "Person"means any individual, firm, copartnership, company, corporation, association, receiver, assignee,
trustee in bankruptcy, trust, estate,joint venture, club,joint-stock company, business trust, society, or any group
of individuals acting as a unit.
(c) "Business" includes all activities, occupations, trades, pursuits or professions located and/or engaged in
within the city of Yakima, with the object of gain, benefit or advantage to the taxpayer, or to another person or
class, directly or indirectly. Each business location shall be deemed a separate business.
(d) Engaging in Business.
16
(1) The term "engaging in business"means commencing, conducting, or continuing in any business, and
also the exercise of corporate or franchise powers, as well as liquidating a business when the liquidators hold
themselves out to the public as conducting such business.
(2) This section sets forth examples of activities that constitute engaging in business in the city, and
establishes safe harbors for certain of those activities so that a person who meets the criteria may engage in
de minimis business activities in the city without having to pay a business license fee. The activities listed in
this section are illustrative only and are not intended to narrow the definition of"engaging in business" in
subsection (d)(1) of this section. If an activity is not listed, whether it constitutes engaging in business in the
city shall be determined by considering all the facts and circumstances and applicable law.
(3) Without being all-inclusive, any one of the following activities conducted within the city by a person,
or its employees, agent, representative, independent contractor, broker or another acting on its behalf,
constitutes engaging in business and requires a person to register and obtain a business license:
(i) Owning, renting, leasing, maintaining, or having the right to use, or using,tangible personal
property, intangible personal property, or real property permanently or temporarily located in the city.
(ii) Owning, renting, leasing, using, or maintaining an office, place of business, or other establishment
in the city.
(iii) Soliciting sales.
(iv) Making repairs or providing maintenance or service to real or tangible personal property,
including warranty work and property maintenance.
(v) Providing technical assistance or service, including quality control, product inspections, warranty
work, or similar services on or in connection with tangible personal property sold by the person or on its
behalf.
(vi) Installing, constructing, or supervising installation or construction of real or tangible personal
property.
(vii) Soliciting, negotiating, or approving franchise, license or other similar agreements.
(viii) Collecting current or delinquent accounts.
(ix) Picking up and transporting tangible personal property, solid waste, construction debris, or
excavated materials.
(x) Providing disinfecting and pest control services, employment and labor pool services, home
nursing care,janitorial services, appraising, landscape architectural services, security system services,
surveying, and real estate services, including the listing of homes and managing real property.
(xi) Rendering professional services such as those provided by accountants, architects, attorneys,
auctioneers, consultants, engineers, professional athletes, barbers, baseball clubs and other sports
organizations, chemists, psychologists, court reporters, dentists, doctors, detectives, laboratory operators,
teachers, veterinarians.
(xii) Meeting with customers or potential customers, even when no sales or orders are solicited at the
meetings.
(xiii) Training or recruiting agents, representatives, independent contractors, brokers or others,
domiciled or operating on a job in the city, acting on behalf, or for customers or potential customers.
(xiv) Investigating, resolving, or otherwise assisting in resolving customer complaints.
(xv) In-store stocking or manipulating products or goods, sold to and owned by a customer, regardless
of where sale and delivery of the goods took place.
17
(xvi) Delivering goods in vehicles owned, rented, leased, used, or maintained by the person or another
acting on its behalf.
(4) If a person, or its employee, agent, representative, independent contractor, broker or another acting on
the person's behalf, engages in no other activities in or with the city but for the following, it need not register
and obtain a business license:
(i) Meeting with suppliers of goods and services as a customer.
(ii) Meeting with government representatives in their official capacity, other than those performing
contracting or purchasing functions.
(iii) Attending meetings, such as board meetings, retreats, seminars, and conferences, or other
meetings wherein the person does not provide training in connection with tangible personal property sold
by the person or on its behalf This provision does not apply to any board of director member or attendee
engaging in business such as a member of a board of directors who attends a board meeting.
(iv) Renting tangible or intangible property as a customer when the property is not used in the city.
(v) Attending, but not participating in, a trade show or multiple vendor events. Persons participating
at a trade show shall review the city's trade show or multiple vendor event ordinances, where applicable.
(vi) Conducting advertising through the mail.
(vii) Soliciting sales by phone from a location outside the city.
(5) A seller located outside the city merely delivering goods into the city by means of common carrier is
not required to register and obtain a business license; provided,that it engages in no other business activities
in the city. Such activities do not include those in subsection (d)(4) of this section. The city expressly intends
that engaging in business include any activity sufficient to establish nexus for purposes of applying the
license fee under the law and the Constitutions of the United States and the state of Washington. Nexus is
presumed to continue as long as the taxpayer benefits from the activity that constituted the original nexus
generating contact or subsequent contacts.
(e) "Employee" means any person employed at any business location within the city and/or any person
furnishing or performing services within the city, and in addition includes all persons who are self-employed.
(f) "Taxpayer" includes any person who engages in business or who is required to have a business license
hereunder, or who is liable for any license fee or tax hereunder, or who performs any act, for which a license fee
or tax is imposed by this chapter.
(a) "IltNineyz Li '•N3. y3'c: .g l'1ice- or -13 :ti mean the office =AWilli. the 1' ashir,ton State Debar I. ent
R.e nue pro it ing business lice }sin',se.r t es uo the City of Yakima
(Ord. 2018-035 § 1, 2018: Ord. 2837 § 1, 1985: Ord. B-2014 § 2, 1947).
5.52.025 Financial institutions—License fee imposed.
Commencing July 1, 1974,there is levied upon and shall be collected from every national bank, state bank, trust
company, mutual savings and loan association and every other financial institution engaged in business in the
city, an annual license and 1 sccr:se fee or tax for the act or privilege of engaging in business as provided ed fix in
this hapter. The license fee steal heir measured by the number of employees of each such business employed
during the t4sx Es.> s:1.01111: period immediately preceding the ttar.p nod for which the license fee is payable
according to the schedule and provisions of YMC 5.52.030.
(Ord. 1627 § 1, 1974).
18
5.52.030 Persons subject to license—Fees.
Commencing January 1, 1988, there is levied upon and shall be collected from every person engaging in business
in the city a hum a3;s;s liceme and annual license fee or tax amount for the privilege of engaging in business
activities. Such license fee 4 ,is measured by the number of employees of each business employed during
the twelvennenth period immediately preceding the year rLricd.for which the license fee is payable, as follows:
(a) For every person employing one or two employees, forty-two dollars and ninety cents per year;
(b) For every person employing three to and including five employees, eighty-five dollars and eighty cents per
year;
(c) For every person employing six to and including nine employees, one hundred fifty dollars per year;
(d) For every person employing ten to and including fourteen employees, two hundred fourteen dollars and
twenty cents per year;
(e) For every person employing fifteen to and including twenty employees,three hundred twenty-one dollars
and fifteen cents per year;
(f) For every person employing twenty-one to and including thirty employees, four hundred twenty-eight
dollars and forty cents per year;
(g) For every person employing thirty-one to and including forty-five employees, six hundred forty-two
dollars and sixty cents per year;
(h) For every person employing forty-six to and including sixty employees, eight hundred fifty-six dollars and
eighty cents per year;
(i) For every person employing sixty-one to and including eighty employees, one thousand seventy-one
dollars per year;
(j) For every person employing over eighty employees, one thousand two hundred eighty-five dollars and
twenty cents per year.
Employees working more than sixteen hundred)1.000)hours, including legal holidays and vacation time, during
the twelve-month period immediately preceding the- =, riod for which the license fee is payable #0= ar
considered pefinxanent#u ttnaL. employees; employees working sixteen hundred(° { t.1}u.hours or less, including
legal holidays and vacation time, than !Kam considered term,-o Part-limo employees.
In determining the license fee to be paid hereunder by each business the total number of employees alm#3al must be
computed by adding together the number of permanent fujilimLemployees and the number of tempi:wary part.::.
tone employees Cihe latter figure of part-ti c nplo,,ees is to be computed by dividing total man hours,
including legal holidays and vacation time, worked by all+et;p sw-part-4inke employees, by sixteen hundred._
(1,6 }0). When cor3.min min2 the number C71: nart t one c n )Ioveo „ llttetior's of.e,N than one-h al ((}_5l should 7e
rounded down to th3e next lower 3hOle number, and I aetions o. one 3l 1. (0.5) and greater should be rounded up
to th next.his2her \\hole num er.
(Ord. 3060 § 1, 1987: Ord. 2836 § 1, 1985: Ord. 2565 § 1, 1981: Ord. 2473 § 1, 1980: Ord. 1877 § 1, 1975: Ord.
1269 § 1, 1970: Ord. 1194 § 1, 1979: Ord. B-2014 § 3, 1957).
5.52.040 Business located outside city.
(1) Threshold Exemption. For purposes of the license by this chapter, any person or business whose annual
value of products, gross proceeds of sales, or gross income of the business in the city is equal to or less than
twelve thousand dollars and who does not maintain a place of business within the city shall submit a business
19
license registration to the director or designee but shall not pay a city business license fee. The threshold does not
apply to regulatory license requirements or activities that require a specialized permit.
(2) As to businesses located outside the city of Yakima and furnishing or performing services within the city
that are not exempt under subsection (1) of this section, the license fee or tax herein shall be measured by the
number of employees of such business who perform any part of their duties within the city according to 111e
sdied{1 e and n m is.ons o¢"';_S.1C 5.52.030.
(Ord. 2018-035 § 2, 2018: Ord. B-2014 § 4, 1957).
5.52.050 Exemptions.
In addition to the exemptions outlined in YMC 5.52.020(d)(4), the provisions of this chapter shall not apply to:
(a) Any person a.:.. "1§..x,t to znpging .I ...7t or reikyAing znta .. atz #
e:3le eff ft?tt k t.f, #e:°K3 ":tp4:i:-?ft?t 11011 tt§t!s"'t:tf 1,t1 tf"£f4::etter#f/4.1otfeefiftmtiti§.tp ON idin;l a franchised Minh ';ux\i e
sub ed to th; 1 k c:1s Io,L or to r3 x}s d u 3dL r Sections n. 0.050, 5.50 055 ` Nf t- or franchised
passenger transportation companies, unless stated otherwise in the franchise agreement;
(b) Fraternal benefit societies as defined by Section 48.36.010 of the Revised Code of Washington;fraternal
mutual property insurers as defined by Section 48.36.410 of the Revised Code of Washington; and nonprofit
corporations organized under or existing by virtue of Chapter 24.03 of the Revised Code of Washington if such
nonprofit corporations provide in their bylaws for the assessment of each member of a fixed sum to be held by
the corporation to be paid as death benefits on the death of a member for the purpose of assisting widows,
orphans or other persons dependent on a deceased member;
(c) Any religious society, association or corporation, through the operation of any hospital, clinic, resort or
other institution devoted exclusively to the care or healing of human beings; provided,that no exemption is
granted where the income therefrom inures to the benefit of any physician, surgeon, stockholder or individual by
virtue of ownership or control of such hospital, clinic, resort or other institution;
(114 §iti'[E,,f:Xsf"?,-1111v §eff-111141t c1}a fE:i;r 5,14
fe> `ern= x;,r-fourrds lice ss-edf undeF Uhapfer 5442
(ki) Any instrumentality of the United States, state of Washington, or political subdivision thereof;
(g_) Any farmer, gardener, or other person who sells, delivers or peddles any fruits, vegetables, berries, butter,
eggs, fish, milk, poultry, meats, or any farm product or edibles (but not edibles that include cannabis)raised,
caught, produced or manufactured by such person within the state of Washington;
(140 Any person, who is the holder of a valid permit under Section 8.52.070 of the city of Yakima Municipal
Code, engaged in the business of curb number painting and who devotes no more than six hundred hours per year
to said business;
(s) Newsboys engaged in the sale or delivery of newspapers and magazines or periodicals to the reading
public;
(i:) Any blind person engaged in business activities in the city;
(4j) Any person, firm or corporation which the city is prohibited from taxing under the laws of the United
States or of the state of Washington;
(lj) Any person meeting the following threshold exemption:
For purposes of the license by this chapter, any sole proprietorship without full- or part-time employees whose
annual value of products, gross proceeds of sales, or gross income of the business in the city is equal to or less
than twelve thousand dollars ha.l must submit a business license registration to the director or designee butAla!'
20
is not be required to pay the license fee. The threshold does not apply to regulatory license requirements or
activities that require a specialized permit.
federal taxes under 26 f C 501(c), other than reli2ious, •et§itaatioraal, or charitable organizations engaged solely
in( their respectit s. r'eli sous, educational or charitable activities, must obtain a tart . business license as provided
for underthis chanter. but arc OXer.a.1 from naalirm the Lit„: business license fee therethr. nr'm'rded the business
inch ides 'floor of such federal tax exenmtion along ',Nab the bitSin SS ltt..011S0 an fl S a.ion.
(Ord. 2018-035 § 3, 2018: Ord. 93-72 § 1, 1993: Ord. 3272 § 2, 1990: Ord. 1627 § 2, 1974: Ord. B-2055, 1957:
Ord. B-2014 § 5, 1957).
5.52.060 Business license required.
No person sd as l,l.„..a...engage in any business or activity in the city of Yakima for which a I..a....al.k.lieeals,v tee-or tiax
is imposed by this chapter without first having obtained and being the holder of such a valid and subsisting
license so to do, to be known as a business license:issued under the provisions of this chapter, t§s'-I're§=oir§§aftott-
and without paying the license fee or tax imposed ttherelbr by this chapter_
(Ord. B-2014 § 6, 1957).
5.52.070 Business license regulations and procedures.
A. Whenever there is a change in ownership of a business, the business license previously issued to the
withdrawing owner, or owners, . . __ is considered cancelled. The
new owner or owners .l-must apply and obtain a-nraaal.eis'OWn business license as provided tare to this chapter
14ffe*§t e PaYFRei444:i tv #44era deitaF€l3r r'12. 2.12 rr sir sill£, srtr rt..'.c rr al..- rt1 tl.i" sad aI s: . .FS 7 r'rr.
B. 7 ;' The business license r e air ed by this clra nor,„' • ; t . ,v
• r ' ". ,...'...1>W 5 established the date esta .ished by the 13us riess I,tc his 3g ,
''+tir'1 s. r I' S aar.d rant a t e -.l T[c. toll r 1' tilt lalt '_. 1 s. t"rtu rt r a as rr 1n ht nt rr c lc Li : The
application for a license .;h: ii hors made t > . (Ay *lc,c, on form-, pret;e#:.rd by aid ,r:'#ir:a.. es .r1: §p l ..:.sio:r
5shf44 se.4,-4,4 1 tli'e4tiime. 44,he-i taplie4t4:t';'1':is fe siditiee..p,htee,rl htt s§§':x sth t':i"§'itu ?'t €l t':e.4e.e§Y:'z~s.s.. t:§ii§t:§':'#b r.-tr
t
131,S. and must include all infOr'maation recurred for all licenses requested. as well as all fees due for all licenses,
ini; utilty,tSTt.. application handling the rem t ed by 'WW1 19.02.075.
C. Every license granted under this chapter 4i4ail mast be posted in a conspicuous place ii4 thelalace e1'at the
business of thn li,!nnio,ofor which it s,as issued. Any license issued under a t &-the provisions of this
chapter alt sal h; s personal and nontransferable. In case business is transacted at two or more separate places by
one taxpayer, a separate license for each place at which business is transacted with the public shall-lieL required.
ll two Ut tanore persons egich conduct a separate business at the same 3JflV 1„a{i location„ each such person must
obtain their own license for their respective business. as provided for under this chapter. Each license araial-v,
be numbered, tht4krnd show the name, place and e as ; a° sae: 5 expiration of the license,z, and such
5 ij j _5. q ..5j $ y., j j., j $ y j y.,
_ 4,1 i4A'§ �Yetee..s,,,and,,pe alties,,keFeict pr vi4e .YSi•"�Y' ati b 1 aid,••Y'tt43YaiY1".4paY..••eer4'iY'ie4,,the,!Yi'r 4.Yt,h•Sroia€2,s....
cheek 1 ,. >caatl crl:eek f r a.oaa:.r„ ,r.,t>,r ct t a if Ira >Mint .,,. .a at .,> ilraa t c.4,c.,.r, the taax cr t.:U hal! not
130- lsx:i4"ed-tDa4ir.1 iaifieS-S tilt theek tof Elf- t-f.T 41z'sE4;•sf':3 ff:the e ofii".sX tot bia f4ox.4T; 4i:,;r-sl::;ll a$f'eeptaaie fot-ftt?1'
21
13. The 4eflecode administration division is authorized, but not required, to cause to be mailed to taxpayers
forms for applications or renew.als for licenses, but in any case failure of the taxpayer to receive any such forms
: hall does not excuse the taxpayer from making application for and securing the license required and payment of
the license fee or tax when and as due hereunder.
1-F. If any person required by the terms and provisions of this chapter to pay a license fee for any period shall
fail or refuse to do so, he shall not be granted a license for the current period until such delinquent license fee,
together with penalties, has been paid in full.
y.., Renewal of the license is made through the llusiness licensing, Service ice on or h'eioAe the license expiration.
The renewal a .l.,atio 3 must include. all incomiation required to rudely all license sailed for renewal_ as w ell as
tr a. including 5renew.( 5 i5 b 9 a)t 0Jr 5
as Is~�� due #��. l# licenses_ tb� '�: 1:, ii.x is.,icw xUcttni'ot, by RCN t�.ls�
G. The term 2 t the city license and e rcacctive city lee amount due may burorated as necessary o
accommodate .ri:lironi/1 2 the license expiration with the expiration of tic business account established b1' the
llu mess 1.;Ieen ing Service.
II. Failure to complete the renewal b he license euiration willincur thelate renew. l penalty r Cuir dby
R. tl l ?..0 :.085 in addition to a.Ii oid7er leos due.
I. t <Ni ttAti tt) complete the license renew.<§l 'within.i3a 120 days alter th z: license expiration e,:.:a:'!.r: "will result 1E3.the
cancellation of the license and will require submitting a new application for license as provided fbr in this chapter
tn. order to continue 7ue to conduct business 4 tneSS in the city.
(Ord. 1201 § 1, 1970: Ord. B-2055, 1957: Ord. B-2014 § 6A, 1957).
5.52.080 Employment records.
It shall be the duty of every person liable for any license fee provided for by this chapter, to keep and preserve for
a period of five years such suitable employment records as may be necessary to determine the amount of any
license fee for which he may be liable under the provisions of this chapter; and such records shall be open for
examination at any time by the city manager, or his duly authorized agent. In the case of an out of state person or
concern which does not keep the necessary books or records within the city of Yakima, it shall be sufficient if it
produces within the city such books and records as shall be required by the city manager, or bears the cost of
examination by an agent authorized or designated by the city manager at the place where such books and records
are kept,
(Ord. B-2014 § 7, 1957).
5.52.090 Payment of license fees—Penalty.
A. Each annual The city license fee herein provided for #.adl becona}is due and payable ').n the ;i day of
si - s3 n pp ic.iti:;n i) the license_
c'r§k£ §x.§;.?'..§},��tt§£itixa-:i§�:;x f;§x..s;.tFi�§it§�"?1s.��: sT.§�,v§§;§£'t"v;...£§E3t§§Y:�e:�^nits§,v;§ti.t"��474;��,�§«§ti";all§,es. t:1u1': .ixc .,.
which is iet ttiie.a to 7e submitted prior to commencing ig business in. the city or with renew al of the license_ which
is required to be submitted on or before the expi anon date ol tl:c. ifs:eX:se .. :;.. . `
bola _14e-a tothil-4;e-dp 1. . rT^-x''eet.:}n4, 2.4;40.„:t _ e-bo~•„ eess§ar ,efo 2. §„£..v{k..iupictg-t e efie£e.sm,7§§t2!et2£.thtt...
l through D.c.centhcr 1;t1fanyyear, .y# i. 'sfi Mall be due and.na.va.bk n the fir.td... that b.i iixf i,
tailli Suter:-oi eaf ied-C :.
13 Failure to pay the jpjj„jALchaLlicense asµ l t:....tion fee within thirty days after the-dais--et vta 'rub ii rs cl -and
a} §bl . ,.hall render commencing business in the city makes the taxpayer subject to a city .flip riser penalty of
five percent of the amount of the city jicense fee for the first month of delinquency; and an additional penalty of
22
five percent for each succeeding month of delinquency, but not exceeding a total penalty of twenty-five percent
of the amount of such license fee in any event. Such delinquent application pena It, is assessed 1n and payable
di"ectly to the div.
(Ord. 2473 § 2, 1980: Ord 1201 § 2, 1970: Ord. B-2014 § 8, 1957).
5.52.100 Over or under payment of license fee.
If the city clerk upon investigation or upon checking applications finds that the fee or tax paid on any of them is
more than the amount required of the taxpayer, he shall return the amount overpaid by a check issued by the city
treasurer upon the current expense fund. If the clerk finds that the fee or tax paid is less than required, he shall
mail a statement to the taxpayer showing the balance due, who shall within three days pay the amount shown
thereon.
(Ord. B-2014 § 9, 1957).
5.52.110 Failure to make application.
If any taxpayer fails, neglects or refuses to file his application and to pay any license fee or tax as and when
required herein, the clerk is authorized to determine the amount of the license fee or tax payable, and by mail to
notify such taxpayer of the amount so determined. The amount so fixed shall thereupon become the license fee or
tax and be immediately due and payable.
(Ord. B-2014 § 10, 1957).
5.52.120 Appeals—Notice—Subpoena power.
Any taxpayer aggrieved by the amount of the fee or tax found by the elikcode administration manager or his or
her designee to be required under the provisions of this chapter, may appeal to the city council from such findings
by filing a written notice of appeal with the city clerk within five days from the time such taxpayer was given
notice of such amount. The council shall, as soon as practicable, fix a time and place for the hearing of such
appeal, which time shy-should be not more than twenty days after the filing of the notice of appeal, and shall
cause a notice of the time and place thereof to be mailed to the appellant. At such hearing the taxpayer shall be
entitled to be heard and to introduce evidence in-on his-their own behalf The city council shall will thereupon
ascertain the correct amount of the fee or tax by resolution and the city clerk Ghall will immediately notify the
appellant thereof by mail, which amount, together with costs of the appeal, if appellant is unsuccessful therein,
must be paid within three days after such notice is given.
The city code administration manager may, by subpoena, require the attendance thereat of any person, and may
also require him or her to produce any pertinent books and records. Any person served with such subpoena shall
appear at the time and place therein stated and produce the books and records required, if any, and shall testify
truthfully under oath administered by the city manager or chairman appointed by him or her in charge of the
hearing on appeal as to any matter required of him pertinent to the appeal, and it shall be unlawful for him or her
to fail or refuse so to do.
(Ord. B-2014 § 11, 1957).
5.52.130 Clerk('ode Administration Manager to make additional rules.
The city clerkeode administration manager shall have the power, and it shall be his or her duty, from time to time,
to adopt, publish and crwatoenforce policies and rules z zre; ,,; -,uid gz'�atisns not inconsistent with this
23
chapter or with the law for the purpose of carrying out the provisions hereof, and it shall be unlawful to violate or
fail to comply with any such rule or policy- katitan.
(Ord. B-2014 § 12, 1957).
5.52.140 Mailing of notices—Failure to receive.
Any notice required by this chapter to be mailed to any taxpayer shall be sent by ordinary mail, addressed to the
address of the taxpayer as shown by the records of the city, or. if the city has no records, the records of the city
elerkcounty assessor's office, or if no such address is shown,to such address as the t ehr administrative
official is able to ascertain by reasonable effort. Failure of the taxpayer to receive any such mailed notice shall
not release the taxpayer from any tax fee or any penalties thereon, nor shall such failure operate to extend any
time limit set by the provisions of this chapter.
(Ord. B-2014 § 13, 1957).
5.52.150 False applications,testimony, etc.
It shall be unlawful for any person liable to license fee or tax hereunder to fail or refuse to secure the license or to
pay the fee or tax when due, or for any person to make any false or fraudulent application or any false statement
or representation, in or in connection with any such application, or to aid or abet another in any attempt to evade
payment of the fee or tax, or any part thereof, or for any person to fail to appear and/or testify in response to
subpoena issued pursuant thereto, or to testify falsely upon any investigation of the correctness of any fee or tax,
or upon the hearing of any fee or tax, or upon hearing of any appeal, or in any manner to hinder or delay the city
or any of its officers in carrying out the provisions of this chapter.
(Ord. B-2014 § 14, 1957).
5.52.160 License fee additional to others.
The license fee and tax herein levied shall be additional to any license fee or tax imposed or levied under the law
or any other ordinance of the city of Yakima except as herein otherwise expressly provided.
(Ord. B-2014 § 15, 1957).
5.52.170 Tax constitutes debt.
Any license fee or tax due and unpaid under this chapter, and all penalties thereon, shall constitute a debt to the
city of Yakima and may be collected by court proceeding in the same manner as any other debt in like amount,
which remedy shall be in addition to all other existing remedies.
(Ord. B-2014 § 16, 1957).
5.52.180 Severability.
If any provision or section of this chapter shall be held void or unconstitutional, all other parts, provisions and
sections of this ordinance not expressly so held to be void or unconstitutional shall continue in full force and
effect.
(Ord. B-2014 § 18, 1957).
24
5.52.190 Time limit on action to collect.
The collection of any license fee and penalty and the corrections of any tax may be made by the
elefltadministrative official at any time within four years after the close of the poned for which required.
(Ord. B-2014 § 19, 1957).
25
Chapter 5.54
PAWNBROKERS
Sections:
5.54.010 Defined.
5.54.020 License required—Application—Bond—Fee—Transfer.
5.54.030 Tenn—Revocation.
5.54.040 Register.
5.54.050 Daily report.
5.54.060 Property kept thirty days after receipt.
5.54.100 Violation and penalty.
5.54.020 License required—Application—Bond—Fee—Transfer.
No person shall engage in the business of a pawnbroker in the city of Yakima without first procuring a license
therefor, and in order to procure a license he or she shall present to the city an application which shall contain the
name of the applicant, the place where he or she proposes to conduct his business, the name under which the
same shall be conducted, the names of persons interested in the business, if a copartnership or corporation, and in
addition thereto shall supply the city with such other and further information as may be required to administer the
provisions of this chapter. If such application is approved the city shall issue a license to the applicant upon his or
her executing and delivering to the city of Yakima a bond to be approved by the city attorney in the sum of one
thousand dollars conditioned that he or she will conduct such business in compliance with all of the ordinances of
the city of Yakima and the laws of the state of Washington. The license fee shall be the sum of one hundred
fourteen dollars and twenty-six cents per year. Said license shall not be assignable or transferable. '.,iic 1ic.lmsy
and lee routiirod unilc'r t i, charmer arc se ara c from and in addition to the }using 1h ns,' rot uir•Nt under
Chapter5.52 } MC,. which t mav a t o be required TS•Iic.n applit'3t)k..
(Ord. 3143 § 11, 1988: Ord. 3002 § 11, 1987: Ord. 2926 § 12, 1985: Ord. 2838 § 12, 1985: Ord. 2736 § 12, 1984:
Ord. 1880 § 18, 1975: Ord. 1195 § 23, 1969: Ord. A-581 § 2, 1921).
26
Chapter 5.56
PEDDLERS
Sections:
5.56.010 Definitions.
5.56.020 Permit requirements and exemptions.
5.56.022 Permit for charitable and public or private educational organizations.
5.56.024 Permit application.
5.56.026 Fees.
5.56.030 Bond.
5.56.040 Application review and permit issuance.
5.56.042 Denial of permit.
5.56.044 Permit expiration.
5.56.046 Permit exhibition.
5.56.048 Transfer prohibited.
5.56.050 Entry upon signed premises unlawful.
5.56.051 Limits wherein street selling prohibited.
5.56.052 Hours of solicitation.
5.56.053 Unlawful to blockade streets.
5.56.054 Limits wherein street selling from vehicles prohibited.
5.56.055 Noise makers regulated.
5.56.060 Permit revocation.
5.56.062 Notice and hearing.
5.56.064 Appeals.
5.56.068 Claims of exemption.
5.56.070 Severability.
5.56.080 Violations and penalty.
5.56.024 Permit application.
(a) Every person subject to the provisions of this chapter shall file with the ode administration manager or his or her
designee an application in writing on a form to be furnished by the department, which shall provide the following information:
(1) Proof of age, address and identification of the applicant,to be provided through the applicant's driver's license,
articles of incorporation(for sponsors), or other legally recognized form of identification;
(2) A brief description of the business or activity to be conducted;
(3) The hours and location for which the right to peddle, solicit, or engage in street sales is desired;
(4) If employed, the name, address and telephone number of the employer; or if acting as an agent, the name, address and
telephone number of the principal who is being represented, with credentials in written form establishing the relationship and
the authority of the employee or agent to act for the employer or principal, as the case may be;
(5) A statement as to whether or not the applicant has been convicted of a felony, misdemeanor or ordinance violation
(other than traffic citations eiolationr),the nature of the offense or violation, the penalty or punishment imposed,the date
when and place where such offense occurred, and other pertinent details thereof The directer administrative official shall
confirm this information through the Yakima police department;
(6) Proof of possession of any license or permit which,under federal, state or local laws or regulations,the applicant is
required to have in order to conduct the proposed business, or which, under any such law or regulation, would exempt the
applicant from the licensing requirements of this chapter; and
(7) If the applicant is an individual not covered by Section 5.56.022,two photographs of the applicant which shall have
been taken within sixty days immediately prior to the date of filing of the application. The photographs shall measure three
inches by five inches and show the head and shoulders of the applicant in a clear and distinguishing manner.
(b) Any person issued a permit under this section may request a renewal of the permit by mailing a request for renewal,
including any updates of information required by this section,to the r =administrative official at least thirty days prior to the
expiration of the current permit.
{ a fine norm,[ and Mc de is chaptcr arc wpm ate from and. ,,. addition in this business liconsc row1MM under
_.ar pr 5 52 1 1 . . .;it.,, 'slim also he roortirrni when aPr c.. ._.
27
(Ord. 96-26 § 4, 1996).
28
Chapter 5.57
MOBILE FOOD VENDORS
Sections:
5.57.010 Definitions.
557.020 Mobile and street vendor License required.
5.57.030 License requirements.
5.57.040 Geographical restrictions.
5.57.050 Exemptions.
5.57.060 Time limitations.
5.57.010 Definitions
"Commissary" means an established commercial kitchen where mobile vendors go to prepare and store food.
"Level 1 vendor" means a Level 1 mobile vendor as permitted by the Yakima Hhealth Ddistrict.
"Level 2 vendor'° means a Level 2 mobile vendor as permitted by the Yakima Hhealth Ddistrict.
"Level 3 vendor" means a Level 3 mobile vendor as permitted by the Yakima Hhealth Ddistrict.
"Mobile" means capable of being moved easily and quickly; movable without significant alteration.
"Mobile food unit" is the motorized or non-motorized conveyance used by a mobile vendor to sell goods, merchandise
or food.
"Mobile vendor" means a vendor or seller of goods, merchandise or food from a motorized vchiclemobile food
preparation vehicle or other motorized conveyance upon the public streets, alleys, public property of the city, or upon
private property.
"Motorized food preparation vehicle means a commercially manufactured motorized vehicle or trailer vending unit in
which ready-to-eat food is cooked, wrapped, packaged, processed or portioned for service, sale or distribution.
Motorized food preparation vehicles include, but are not limited to, food trucks.
"Special event" means any event for which a special event permit has been issued pursuant to Chapter 9.70 of this
code.
"Street vendor" means a vendor selling food or nonalcoholic beverages within a public or private parking lot,
pedestrian plaza, sidewalk, or public property using a non-motorized cart or temporary structure. (Ord. 2015-029 § 1
(part), 2015).
5.57.020 Mobile and street vendor—License required.
No person, firm or corporation shall engage in the business of a mobile or street vendor without having first
obtained aFned°i.lek-end€wbusinesslicense furthoirmohil: v ndorhuain as pursuant to:.11.1e.d``hapte, 5.52ofthe
Yakima Municipal Code. All awhile or street vendors must fulfill the requirements of this chapter prior to a
license issuing. All business ess licenses for mobile and street vendors .! nits nithu be prominently displayed upon all
vehicles, conveyances, or temporary structures from which a mobile or street vendor conducts business.
(Ord. 2015-029 § 1 (part), 2015).
29
5.57.030 License requirements.
Any person desiring to operate as a mobile or street vendor ;°r 6: niusi submit an ap; lfeatien whit-1+
:_,. e§*.sg..drrei S to t.e city the following requirements in addition to e.le businoyz Jac cn an licatinnn I :tit is
sub thud irstrailt to The -tt?i:edu e- stated ..7 Om s.'52. S \IC The business license Lark ,licalio n cannon t?i:
1. The applicant :dieli trust obtain approval from all applicable regulating agencies including the Department
of Labor and Industries, kl)artint.mi of I aitIt and the Yakima County health district and provide to tby city
copies of those approvals ++ , +. ,, ,+
2. Applicant shall mug submit a written narrative providing answers to the following questions: ftt t1::t time uI'
a. When not in operation, a mobile food unit must be stored at an approved servicing area or other
approved location. Where do you plan to park the mobile food unit when you are not open for business?
I=c4crcaxec WAC 246-215-09100(3).
operation should include the following per A 'AC 216 215 09115:
u) .ltrnu (tray attach s pIv a copy).
bl What is the location of the site(sl from which you plan to operate the mobile food unit? tlnclude a site
plan and the hoar„ uVupuntiun Por Inch sire.)
c) How null wharc do you dispo+c of your wtastewtrtzr?
d) the nt thod _,t a will use for disposing of cooking gr.asc?
`vv"u7— t x xxi `7
b.r
s•onn What is the current business name and address of the approved commissary you plan to use?
I(elorxncr WAC 246-215-09120(3).
_.d., The permit holder must designate a name for the business and provide it to the regulatory authority
and ensure that the name is posted on the mobile food unit in a manner easily visible to customers during the
hours of operation. Where do you intend to post the permit? ‘:'
I cleN ice WAC 246-215-09160.
d. Do you agree to remove from the premises at the end of each work day any and all accessory items
(he. waste receptacles, step stools, picnic tables, propane tanks, etc.) associated with the mobile food
unit? Do you acknowledge and agree that you will not use freestanding awnings, canopies, umbrellas,
skins, etc. and that all such items are required to be permanently attached to the unit and fully
supported thereon if you use them?
e. Do you agree that as the person in charge of the mobile food unit you are required to ensure that only
employees and other persons authorized by the regulatory authority are present inside the mobile food
unit at any time?
d.z. Any acccseory iterns (i.c, waste receptacles, step stools, picnic tables, propane tanks. etc.) avociated
with the mobile food unit must be removed from the premi yes at the end of each work day. Mobil._ food units
30
Please describe any accessory items you will use.
s
(Ord. 2015-029 § 1 (part), 2015).
31
Chapter 5.64
SECONDHAND DEALERS'
Sections:
5.64.010 Secondhand dealer defined.
5.64.020 Junk handling.
5.64.030 License required—Application—Fee.
5.64.040 Tenn—Revocation—Hearing.
5.64.050 Register.
5.64.060 Daily report.
5.64.070 Property to be kept thirty days.
5.64.080 Purchases from certain persons prohibited.
5.64.100 Violation and penalty.
5.64.030 License required—Application—Fee.
No person shall engage in the business of a secondhand dealer in the city of Yakima without first procuring a
license therefor, and in order to procure a license he or she shall present to the city an application which shall
contain the name of the applicant, the place where he or she proposes to conduct his-business, the name under
which the same shall be conducted; if a copartnership,the names of the members of the firm; if a corporation, the
names of its officers; and in addition thereto shall supply the city with such other and further information as may
be required to administer the provisions of this chapter. If such application is approved, the city cle,rk shall issue a
license to the applicant upon his or her paying a license fee of thirty-seven dollars and sixty-seven cents. Said
license shall not be assignable or transferable. "Ih; license and foe re islir,a under this ehai -an: s, ,Efate from
and in addition to the hi mess liven e required under Chapter 5.52 i it C% which may ak o he ed requir when
ap Ii::able.
(Ord. 3143 § 13, 1988: Ord. 3002 § 13, 1987; Ord. 2926 § 14, 1985: Ord. 2838 § 14, 1985: Ord. 2736 § 14, 1983:
Ord. 1880 §20, 1975: Ord. 1470 § 2, 1972: Ord. 1195 § 27, 1969: Ord. A-620 § 3, 1921).
32
Chapter 5.78
TAXICABS AND VEHICLES FOR HIRE
Sections:
5.78.010 License required.
5.78.020 Definitions.
5.78.030 Vehicle license required—Certain vehicles excepted.
5.78.040 Number of taxicab licenses.
5.78.050 Application for license—Information required.
5.78.060 Fees.
5.78.070 Interchange and replacement.
5.78.080 Renewal—Forfeiture.
5.78.085 Vehicle markings.
5.78.090 Color scheme.
5.78.100 Taxicab rates and zones.
5.78.110 Taximeters.
5.78.120 Taxicab stands.
5.78.130 Meeting trains,buses or airlines.
5.78.140 Sightseeing cars.
5.78.160 Prohibited practices.
5.78.170 City driver's license—Application and renewal fee.
5.78.180 City for-hire driver's license—Application—Information required.
5.78.190 City for-hire driver's license—Qualifications.
5.78.200 City driver's license—Investigation—Temporary license.
5.78.220 City driver's license—Renewal.
5.78.230 City driver's license—Other offenses.
5.78.240 Revocation.
5.78.245 Review of license denial or revocation.
5.78.250 Term.
5.78.260 Severability.
5.78.010 License required.
It is unlawful for any person, firm or corporation to hold out, advertise, solicit, operate, drive or use any vehicle
as a for-hire vehicle in the city of Yakima without having first obtained the licenses required by the provisions of
this chapter. The licenses reuuired unckt this chanter arc scpa.a c {from and in addition to the bujtncss licenseY'CtjL .•. utl t t)i:u.... Chapte ' 52 •? t�.t . iii.e" n1.a1 also be ..... ii. . :1 en appii.c blo
(Ord. 147 § 1, 1960).
33
Chapter 5.79
TRANSPORTATION NETWORK COMPANY
Sections:
5.79.010 License required:
5.79.020 Definitions.
5.79.030 TNC license required.
5.79.040 TNC driver requirements.
5.79.050 TNC requirements.
5.79.060 Vehicle inspection and maintenance.
5.79.070 Insurance requirements.
5.79.080 Registered agent requirement.
5.79.090 Audit.
5.79.100 Operational requirements.
5.79.110 Revocation,suspension,or denial of TNC license.
5.79.120 TNC driver reporting requirements.
5.79.130 Enforcement.
5.79.150 Severability.
5.79.010 License required.
A. It is a violation of this chapter for any TNC to operate in the city of Yakima without a current and valid
Yakima business license issued pursuant to Chapter 5.52 ti'M.C.
B. It is a violation of this chapter for any TNC driver, who is an independent contractor affiliated with a TNC,
to operate in the c� ity of Yakima without a current and valid Yakima business r °� t: lies issued >tslsala nt
to Chapter 5.22 { MC.
C. The business license c Lirements of this sectionisare ' Lrate from other lieensingsequirements statedin
t?t7..`.1 sections ofthis chapter,
(Ord. 2016-020 § 1 (part), 2016).
34
Chapter 5.80
SIDEWALK CAFES AND STREET BEAUTIFICATION PROJECTS
Sections:
5.80.010 Permit required.
5.80.020 Pertnit Application—Fee.
5.80.030 Permit issuance.
5.80.040 Annual renewal—Nontransferable.
5.80.050 Indemnity.
5.80.060 Liability insurance required.
5.80.070 Revocation of permits—Appeal.
5.80.080 Unlawful actions.
5.80.090 Nuisance.
5.80.010 Permit required.
It is unlawful to a.) operate a sidewalk cafe or b.) erect or maintain any shrub, plant, structure or container of any
type or nature within public right-of-way in any commercial or industrial zoning district without a written permit
to do so from the code administration manager or his/her designee. The permit required under this chapter is
separate from and in addition to the business license issued under Chapter 5.52 5 MC. which may also he
(Ord. 97-34 § 2, 1997: Ord. 96-46 § 1, 1996: Ord. 3028 § 1 (part), 1987).
35
36
ORDINANCE NO. 2020-
AN ORDINANCE amending Yakima Municipal Code Title 5 — Licenses and Business
Regulations
WHEREAS, the City, pursuant to state requirements, is using the Washington State
business licensing service through the Department of Revenue; and
WHEREAS, in doing so, certain code changes were necessary to clearly indicate that
additional regulatory licenses would be required from the City; and
WHEREAS, during review of Title 5 to conform to and work in conjunction with the state's
business licensing services, staff found additional changes that are beneficial to the City as well
as its residents and business owners; and
WHEREAS, the changes made to Chapter 5.57 reflect that the Yakima Health District
requires mobile food vendors to provide all requirements outlined in WAC 246-215-09100 and
other applicable laws and regulations, and the City's requirements to produce the same
information were duplicitous as the City requires that mobile food vendors obtain Yakima Health
District permits prior to obtaining the City's regulatory mobile food vendor permit; and
WHEREAS, the City Council of the City of Yakima hereby finds and determines that
approval of these amendments to Title 5 is in the best interests of the City of Yakima, its residents
and business owners, and will promote the general health, safety and welfare; now, therefore
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 5.01.030 is hereby amended to read as follows:
5.01.030 Enforcement duties of code administration manager and the director of
community development.
It is the duty of the code administration manager to enforce this title with the exception of
Chapter 5.90. It is the duty of the director of community development to enforce Chapter
5.90.
Section 2. Section 5.11.020 is hereby amended to read as follows:
5.11.020 Panoram location license—Required.
It is unlawful for any person who owns or occupies any premises for business purposes
to display, exhibit, expose or maintain upon those premises any peepshow or panorama
without having obtained a license to do so according to the provisions of this chapter,
which license shall be designated a panorama location license. The license required
under this chapter is separate from and in addition to the business license issued under
Chapter 5.52 YMC, which may also be required when applicable.
Section 3. Section 5.12.020 is hereby amended to read as follows:
5.12.020 Licenses.
37
A. Licenses Required. Commencing March 1, 1987, it is unlawful for any person to install,
maintain or operate in any business establishment or for the purposes of profit within the
city of Yakima any amusement device, pool table or billiard table without first obtaining
from the city the applicable license and paying to the city of Yakima the appropriate license
fee as required by this section. The licenses required under this chapter are separate from
and in addition to the business license issued under Chapter 5.52 YMC, which may also
be required when applicable.
B. Business Operator's License—Fee. Each business operator who installs, maintains
or operates an amusement device owned by the business operator at the business
operator's location shall pay an annual license fee of fifteen dollars and seventy-five cents
per amusement device. This license shall be for each amusement device and, at the time
of obtaining the license, the business operator shall furnish the city with all appropriate
information as may be required, including a description and serial number of each
amusement device being licensed.
The license fee for each billiard table or pool table shall be the amount of fifty-three dollars
and forty-eight cents per year, payable annually in advance to the city at the time
application is made for such license.
C. Location Licenses for Amusement Device Operators. Each amusement device
operator shall, before doing business within the city limits of the city of Yakima, obtain a
license from the city by paying an annual license fee of fifteen dollars and seventy-five
cents per amusement device. The amusement device operator shall furnish the city with
all information as may be required including, but not limited to, a list of locations where the
amusement operator has installed, maintains, or operates amusement devices, pool
tables and billiard tables, and the number and location of the same.
Section 4. Section 5.26.020 is hereby amended to read as follows:
5.26.020 License required.
Except as to sales under judicial process, it shall be unlawful for any person to hold any
sale defined in Section 5.26.010 hereof, or to advertise, represent or hold out that any sale
of goods, wares or merchandise is a sale of distress goods, wares or merchandise or is a
removal or closing out sale in the city of Yakima unless such person shall have first
obtained a license to conduct such sale pursuant to the provisions of this chapter. The
license required under this chapter is separate from and in addition to the business license
issued under Chapter 5.52 YMC, which may also be required when applicable.
Section 5. Section 5.28.010 is hereby amended to read as follows:
5.28.010 License required.
It is unlawful for any person, firm, association, society or corporation owning or controlling
any hall or floor space in the city of Yakima to allow the same to be used as a public
dancehall or cabaret without first obtaining a license so to do as hereinafter provided. The
license required under this chapter is separate from and in addition to the business license
issued under Chapter 5.52 YMC, which may also be required when applicable.
Section 6. Section 5.28.020 is hereby amended to read as follows:
38
5.28.020 Permit required.
It is unlawful for any person, firm, association, society or corporation to engage in, sponsor
or conduct public dances or cabarets in any unlicensed hall or floor space in the city of
Yakima; and provided further, it is unlawful for any person, firm, association, society or
corporation to engage in, conduct or sponsor public dances or cabarets in the city of
Yakima without first obtaining a permit so to do as hereinafter provided. The permits
required under this chapter are separate from and in addition to the business license
issued under Chapter 5.52 YMC, which may also be required when applicable.
Section 7. Section 5.30.005 is hereby amended to read as follows:
5.30.005 Intent.
This chapter is intended to protect the general public health, safety and welfare of the
citizenry of the city through the regulation of the operations of adult entertainment
establishments. The regulations set forth in this chapter are intended to prevent health
and safety problems in and around entertainment establishments and to prevent
dangerous and unlawful conduct in and around adult entertainment establishments. The
licenses required under this chapter are separate from and in addition to the business
license issued under Chapter 5.52 YMC, which may also be required when applicable.
Section 8. Section 5.42.020 is hereby amended to read as follows:
5.42.020 Licenses required—Fees.
It is unlawful for any person,firm or corporation to engage in the business of buying, selling
or collecting junk in the city of Yakima without first obtaining from the city a license so to
do, which shall be known as a junk dealer's license. The fee for issuing such license shall
be one hundred fifty-three dollars and fifteen cents per year, and no license shall be issued
for a period of more or less than one year. The license required under this chapter is
separate from and in addition to the business license issued under Chapter 5.52 YMC,
which may also be required when applicable.
Section 9. Section 5.46.010 is hereby amended to read as follows:
5.46.010 License required.
No premises holding a state license for the sale of beer, wine, whiskey, or other
intoxicating liquor for consumption upon the premises shall provide or allow music,
dancing or entertainment to be conducted on such premises unless the owner or operator
thereof has first secured a city license so to do, provided that the words "music" and
"entertainment" as herein used shall not apply to radios, television sets or mechanical
musical devices, where dancing is not permitted. The license required under this chapter
is separate from and in addition to the business license issued under Chapter 5.52 YMC,
which may also be required when applicable.
Section 10. Section 5.50.030 is hereby amended to read as follows:
39
No person shall engage in or carry on any business, occupation, pursuit or privilege for
which a license fee or tax is imposed by this chapter without having first obtained, and
being the holder of, a valid and subsisting license to do so, to be known as an occupation
license.
Any person engaging in, or carrying on, more than one such business, occupation, pursuit
or privilege shall pay the license tax so imposed upon each of the same.
Any taxpayer who engages in, or carries on, any business subject to tax hereunder without
having his or her occupation license to do so shall be guilty of a violation of this chapter
for each day during which the business is so engaged in or carried on, and any taxpayer
who fails or refuses to pay the license fee or tax or a part thereof on or before the due
dates shall be deemed to be operating without having his or her license to do so.
The license or licenses and respective fees or taxes required under this chapter are
separate from, and in addition to the business license required under Chapter 5.52 YMC,
which may also be required when applicable.
Section 11. Section 5.52.020 is hereby amended to read as follows:
5.52.020 Definitions.
In construing the provisions of this chapter, save when otherwise declared or clearly
apparent from the context, the following definitions shall be applied:
(a) "Year" means calendar year.
(b) "Person" means any individual, firm, copartnership, company, corporation,
association, receiver, assignee, trustee in bankruptcy, trust, estate, joint venture, club,
joint-stock company, business trust, society, or any group of individuals acting as a unit.
(c) "Business" includes all activities, occupations, trades, pursuits or professions located
and/or engaged in within the city of Yakima, with the object of gain, benefit or advantage
to the taxpayer, or to another person or class, directly or indirectly. Each business location
shall be deemed a separate business.
(d) Engaging in Business.
(1) The term "engaging in business" means commencing, conducting, or
continuing in any business, and also the exercise of corporate or franchise powers, as well
as liquidating a business when the liquidators hold themselves out to the public as
conducting such business.
(2) This section sets forth examples of activities that constitute engaging in
business in the city, and establishes safe harbors for certain of those activities so that a
person who meets the criteria may engage in de minimis business activities in the city
without having to pay a business license fee. The activities listed in this section are
illustrative only and are not intended to narrow the definition of "engaging in business" in
subsection (d)(1) of this section. If an activity is not listed, whether it constitutes engaging
in business in the city shall be determined by considering all the facts and circumstances
and applicable law.
(3) Without being all-inclusive, any one of the following activities conducted within
the city by a person, or its employees, agent, representative, independent contractor,
broker or another acting on its behalf, constitutes engaging in business and requires a
person to register and obtain a business license:
(i) Owning, renting, leasing, maintaining, or having the right to use, or
using, tangible personal property, intangible personal property, or real property
permanently or temporarily located in the city.
40
(ii) Owning, renting, leasing, using, or maintaining an office, place of
business, or other establishment in the city.
(iii) Soliciting sales.
(iv) Making repairs or providing maintenance or service to real or tangible
personal property, including warranty work and property maintenance.
(v) Providing technical assistance or service, including quality control,
product inspections, warranty work, or similar services on or in connection with tangible
personal property sold by the person or on its behalf.
(vi) Installing, constructing, or supervising installation or construction of
real or tangible personal property.
(vii) Soliciting, negotiating, or approving franchise, license or other similar
agreements.
(viii) Collecting current or delinquent accounts.
(ix) Picking up and transporting tangible personal property, solid waste,
construction debris, or excavated materials.
(x) Providing disinfecting and pest control services, employment and labor
pool services, home nursing care,janitorial services, appraising, landscape architectural
services, security system services, surveying, and real estate services, including the
listing of homes and managing real property.
(xi) Rendering professional services such as those provided by
accountants, architects, attorneys, auctioneers, consultants, engineers, professional
athletes, barbers, baseball clubs and other sports organizations, chemists, psychologists,
court reporters, dentists, doctors, detectives, laboratory operators, teachers,
veterinarians.
(xii) Meeting with customers or potential customers, even when no sales
or orders are solicited at the meetings.
(xiii) Training or recruiting agents, representatives, independent
contractors, brokers or others, domiciled or operating on a job in the city, acting on behalf,
or for customers or potential customers.
(xiv) Investigating, resolving, or otherwise assisting in resolving customer
complaints.
(xv) In-store stocking or manipulating products or goods, sold to and
owned by a customer, regardless of where sale and delivery of the goods took place.
(xvi) Delivering goods in vehicles owned, rented, leased, used, or
maintained by the person or another acting on its behalf.
(4) If a person, or its employee, agent, representative, independent contractor,
broker or another acting on the person's behalf, engages in no other activities in or with
the city but for the following, it need not register and obtain a business license:
(i) Meeting with suppliers of goods and services as a customer.
(ii) Meeting with government representatives in their official capacity,
other than those performing contracting or purchasing functions.
(iii) Attending meetings, such as board meetings, retreats, seminars, and
conferences, or other meetings wherein the person does not provide training in
connection with tangible personal property sold by the person or on its behalf. This
provision does not apply to any board of director member or attendee engaging in
business such as a member of a board of directors who attends a board meeting.
(iv) Renting tangible or intangible property as a customer when the
property is not used in the city.
(v) Attending, but not participating in, a trade show or multiple vendor
events. Persons participating at a trade show shall review the city's trade show or multiple
vendor event ordinances, where applicable.
41
(vi) Conducting advertising through the mail.
(vii) Soliciting sales by phone from a location outside the city.
(5) A seller located outside the city merely delivering goods into the city by means
of common carrier is not required to register and obtain a business license; provided, that
it engages in no other business activities in the city. Such activities do not include those
in subsection (d)(4) of this section. The city expressly intends that engaging in business
include any activity sufficient to establish nexus for purposes of applying the license fee
under the law and the Constitutions of the United States and the state of Washington.
Nexus is presumed to continue as long as the taxpayer benefits from the activity that
constituted the original nexus generating contact or subsequent contacts.
(e) "Employee" means any person employed at any business location within the city
and/or any person furnishing or performing services within the city, and in addition includes
all persons who are self-employed.
(f) "Taxpayer" includes any person who engages in business or who is required to have
a business license hereunder, or who is liable for any license fee or tax hereunder, or who
performs any act, for which a license fee or tax is imposed by this chapter.
(g) "Business Licensing Service" or "BLS" mean the office within the Washington State
Department of Revenue providing business licensing services to the City of Yakima.
Section 12. Section 5.52.025 is hereby amended to read as follows:
5.52.025 Financial institutions—License fee imposed.
Commencing July 1, 1974, there is levied upon and shall be collected from every national
bank, state bank, trust company, mutual savings and loan association and every other
financial institution engaged in business in the city, an annual license and license fee or
tax for the act or privilege of engaging in business, as provided for in this chapter. The
license fee is measured by the number of employees of each such business employed
during the period immediately preceding the period for which the license fee is payable
according to the schedule and provisions of YMC 5.52.030.
Section 13. Section 5.52.030 is hereby amended to read as follows:
5.52.030 Persons subject to license—Fees.
Commencing January 1, 1988, there is levied upon and shall be collected from every
person engaging in business in the city a business license and annual license fee or tax
amount for the privilege of engaging in business activities. Such license fee is measured
by the number of employees of each business employed during the period immediately
preceding the period for which the license fee is payable, as follows:
(a) For every person employing one or two employees, forty-two dollars and ninety cents
per year;
(b) For every person employing three to and including five employees, eighty-five dollars
and eighty cents per year;
(c) For every person employing six to and including nine employees, one hundred fifty
dollars per year;
(d) For every person employing ten to and including fourteen employees, two hundred
fourteen dollars and twenty cents per year;
(e) For every person employing fifteen to and including twenty employees, three hundred
twenty-one dollars and fifteen cents per year;
(f) For every person employing twenty-one to and including thirty employees, four
hundred twenty-eight dollars and forty cents per year;
42
(g) For every person employing thirty-one to and including forty-five employees, six
hundred forty-two dollars and sixty cents per year;
(h) For every person employing forty-six to and including sixty employees, eight hundred
fifty-six dollars and eighty cents per year;
(i) For every person employing sixty-one to and including eighty employees, one
thousand seventy-one dollars per year;
(j) For every person employing over eighty employees, one thousand two hundred
eighty-five dollars and twenty cents per year.
Employees working more than sixteen hundred (1,600) hours, including legal holidays and
vacation time, during the twelve-month period immediately preceding the period for which
the license fee is payable are considered full-time employees; employees working sixteen
hundred (1,600) hours or less, including legal holidays and vacation time, are considered
part-time employees.
In determining the license fee to be paid hereunder by each business the total number of
employees must be computed by adding together the number of full-time employees and
the number of part-time employees. The latter figure of part-time employees is to be
computed by dividing total man hours, including legal holidays and vacation time, worked
by all part-time employees, by sixteen hundred (1,600). When computing the number of
part-time employees, fractions of less than one-half (0.5) should be rounded down to the
next lower whole number, and fractions of one-half (0.5) and greater should be rounded
up to the next higher whole number.
Section 14. Section 5.52.040 is hereby amended to read as follows:
5.52.040 Business located outside city.
(1) Threshold Exemption. For purposes of the license by this chapter, any person or
business whose annual value of products, gross proceeds of sales, or gross income of the
business in the city is equal to or less than twelve thousand dollars and who does not
maintain a place of business within the city shall submit a business license registration to
the director or designee but shall not pay a city business license fee. The threshold does
not apply to regulatory license requirements or activities that require a specialized permit.
(2) As to businesses located outside the city of Yakima and furnishing or performing
services within the city that are not exempt under subsection (1) of this section, the license
fee or tax herein shall be measured by the number of employees of such business who
perform any part of their duties within the city according to the schedule and provisions of
YMC 5.52.030.
Section 15. Section 5.52.050 is hereby amended to read as follows:
5.52.050 Exemptions.
In addition to the exemptions outlined in YMC 5.52.020(d)(4),the provisions of this chapter
shall not apply to:
(a) Any person providing a franchised utility service subject to the license, fee, or tax
imposed under Sections 5.50.050, 5.50.055YMC or franchised passenger transportation
companies, unless stated otherwise in the franchise agreement;
(b) Fraternal benefit societies as defined by Section 48.36.010 of the Revised Code of
Washington; fraternal mutual property insurers as defined by Section 48.36.410 of the
Revised Code of Washington; and nonprofit corporations organized under or existing by
virtue of Chapter 24.03 of the Revised Code of Washington if such nonprofit corporations
43
provide in their bylaws for the assessment of each member of a fixed sum to be held by
the corporation to be paid as death benefits on the death of a member for the purpose of
assisting widows, orphans or other persons dependent on a deceased member;
(c) Any religious society, association or corporation, through the operation of any
hospital, clinic, resort or other institution devoted exclusively to the care or healing of
human beings; provided, that no exemption is granted where the income therefrom inures
to the benefit of any physician, surgeon, stockholder or individual by virtue of ownership
or control of such hospital, clinic, resort or other institution;
(d) Any instrumentality of the United States, state of Washington, or political subdivision
thereof;
(e) Any farmer, gardener, or other person who sells, delivers or peddles any fruits,
vegetables, berries, butter, eggs, fish, milk, poultry, meats, or any farm product or edibles
(but not edibles that include cannabis) raised, caught, produced or manufactured by such
person within the state of Washington;
(f) Any person, who is the holder of a valid permit under Section 8.52.070 of the city of
Yakima Municipal Code, engaged in the business of curb number painting and who
devotes no more than six hundred hours per year to said business;
(g) Newsboys engaged in the sale or delivery of newspapers and magazines or
periodicals to the reading public;
(h) Any blind person engaged in business activities in the city;
(i) Any person, firm or corporation which the city is prohibited from taxing under the laws
of the United States or of the state of Washington;
(j) Any person meeting the following threshold exemption:
For purposes of the license by this chapter, any sole proprietorship without full- or
part-time employees whose annual value of products, gross proceeds of sales, or
gross income of the business in the city is equal to or less than twelve thousand
dollars must submit a business license registration to the director or designee but
is not be required to pay the license fee. The threshold does not apply to regulatory
license requirements or activities that require a specialized permit.
Notwithstanding the provisions of subsections (b) and (c) of this section, businesses
granted an exemption from federal taxes under 26 USC § 501(c), other than religious,
educational, or charitable organizations engaged solely in their respective religious,
educational or charitable activities, must obtain a city business license as provided for
under this chapter, but are exempt from paying the city business license fee therefor,
provided the business includes proof of such federal tax exemption along with the
business license application.
Section 16. Section 5.52.060 shall be amended to read as follows:
5.52.060 Business license required.
No person may engage in any business or activity in the city of Yakima for which a license
is imposed by this chapter without first having obtained and being the holder of such a
valid and subsisting license so to do, to be known as a business license issued under the
provisions of this chapter, and without paying the license fee or tax imposed therefor by
this chapter.
Section 17. Section 5.52.070 shall be amended to read as follows:
44
5.52.070 Business license regulations and procedures.
A. Whenever there is a change in ownership of a business, the business license
previously issued to the withdrawing owner, or owners is considered cancelled. The new
owner or owners must apply and obtain their own business license as provided for in this
chapter prior to commencing activities in the city through the acquired business.
B. The business license required by this chapter expires on the date established by the
Business Licensing Service (BLS), and must be renewed on or before that date to continue
engaging in business in the city. The application for a license is made through the BLS,
and must include all information required for all licenses requested, as well as all fees due
for all licenses, including the application handling fee required by RCW 19.02.075.
C. Every license granted under this chapter must be posted in a conspicuous place at
the business for which it was issued. Any license issued under the provisions of this
chapter is personal and nontransferable. In case business is transacted at two or more
separate places by one taxpayer, a separate license for each place at which business is
transacted with the public is required. If two or more persons each conduct a separate
business at the same physical location, each such person must obtain their own license
for their respective business, as provided for under this chapter. Each license will be
numbered, and show the name, place, and expiration of the license.
D The code administration division is authorized, but not required, to cause to be mailed
to taxpayers forms for applications or renewals for licenses, but in any case failure of the
taxpayer to receive any such forms does not excuse the taxpayer from making application
for and securing the license required and payment of the license fee or tax when and as
due hereunder.
E. If any person required by the terms and provisions of this chapter to pay a license fee
for any period shall fail or refuse to do so, he shall not be granted a license for the current
period until such delinquent license fee, together with penalties, has been paid in full.
F. Renewal of the license is made through the Business Licensing Service on or before
the license expiration. The renewal application must include all information required to
renew all license subject for renewal, as well as all fees due for all licenses, including the
renewal handling fee required by RCW 19.02.075.
G. The term of the city license and the respective city fee amount due may be prorated
as necessary to accommodate synchronizing the license expiration with the expiration of
the business account established by the Business Licensing Service.
H. Failure to complete the renewal by the license expiration will incur the late renewal
penalty required by RCW 19.02.085 in addition to all other fees due.
I. Failure to complete the license renewal within 120 days after the license expiration will
result in the cancellation of the license and will require submitting a new application for
license as provided for in this chapter in order to continue to conduct business in the city.
Section 18. Section 5.52.090 shall be amended to read as follows:
5.52.090 Payment of license fees—Penalty.
A. The city license fee herein provided for is due and payable with the application for the
license, which is required to be submitted prior to commencing business in the city, or with
renewal of the license, which is required to be submitted on or before the expiration date
of the license
B. Failure to pay the initial city license application fee within thirty days after commencing
business in the city makes the taxpayer subject to a city-imposed penalty of five percent
of the amount of the city license fee for the first month of delinquency; and an additional
penalty of five percent for each succeeding month of delinquency, but not exceeding a
45
total penalty of twenty-five percent of the amount of such license fee in any event. Such
delinquent application penalty is assessed by and payable directly to the city.
Section 19. Section 5.52.120 shall be amended to read as follows:
5.52.120 Appeals—Notice—Subpoena power.
Any taxpayer aggrieved by the amount of the fee or tax found by the code administration
manager or his or her designee to be required under the provisions of this chapter, may
appeal to the city council from such findings by filing a written notice of appeal with the
city clerk within five days from the time such taxpayer was given notice of such amount.
The council shall, as soon as practicable, fix a time and place for the hearing of such
appeal, which time should be not more than twenty days after the filing of the notice of
appeal, and shall cause a notice of the time and place thereof to be mailed to the appellant.
At such hearing the taxpayer shall be entitled to be heard and to introduce evidence on
their own behalf. The city council will thereupon ascertain the correct amount of the fee or
tax by resolution and the city clerk will immediately notify the appellant thereof by mail,
which amount, together with costs of the appeal, if appellant is unsuccessful therein, must
be paid within three days after such notice is given.
The code administration manager may, by subpoena, require the attendance thereat of
any person, and may also require him or her to produce any pertinent books and records.
Any person served with such subpoena shall appear at the time and place therein stated
and produce the books and records required, if any, and shall testify truthfully under oath
administered by the city manager or chairman appointed by him or her in charge of the
hearing on appeal as to any matter required of him pertinent to the appeal, and it shall be
unlawful for him or her to fail or refuse so to do.
Section 20. Section 5.52.130 shall be amended to read as follows:
5.52.130 Code Administration Manager to make additional rules.
The code administration manager shall have the power, and it shall be his or her duty,
from time to time, to adopt, publish and enforce policies and rules not inconsistent with
this chapter or with the law for the purpose of carrying out the provisions hereof, and it
shall be unlawful to violate or fail to comply with any such rule or policy.
Section 21. Section 5.52.140 shall be amended to read as follows:
5.52.140 Mailing of notices—Failure to receive.
Any notice required by this chapter to be mailed to any taxpayer shall be sent by ordinary
mail, addressed to the address of the taxpayer as shown by the records of the city, or, if
the city has no records, the records of the county assessor's office, or if no such address
is shown, to such address as the administrative official is able to ascertain by reasonable
effort. Failure of the taxpayer to receive any such mailed notice shall not release the
taxpayer from any tax, fee or any penalties thereon, nor shall such failure operate to
extend any time limit set by the provisions of this chapter.
Section 22. Section 5.52.190 shall be amended to read as follows:
The collection of any license fee and penalty and the corrections of any tax may be made
by the administrative official at any time within four years after the close of the period for
which required.
46
Section 23. Section 5.54.020 shall be amended to read as follows:
5.54.020 License required—Application—Bond—Fee—Transfer.
No person shall engage in the business of a pawnbroker in the city of Yakima without first
procuring a license therefor, and in order to procure a license he or she shall present to
the city an application which shall contain the name of the applicant, the place where he
or she proposes to conduct his or her business, the name under which the same shall be
conducted, the names of persons interested in the business, if a copartnership or
corporation, and in addition thereto shall supply the city with such other and further
information as may be required to administer the provisions of this chapter. If such
application is approved the city shall issue a license to the applicant upon his or her
executing and delivering to the city of Yakima a bond to be approved by the city attorney
in the sum of one thousand dollars conditioned that he or she will conduct such business
in compliance with all of the ordinances of the city of Yakima and the laws of the state of
Washington. The license fee shall be the sum of one hundred fourteen dollars and twenty-
six cents per year. Said license shall not be assignable or transferable. The license and
fee required under this chapter are separate from and in addition to the business license
required under Chapter 5.52 YMC, which may also be required when applicable.
Section 24. Section 5.56.024 shall be amended to read as follows:
5.56.024 Permit application.
(a) Every person subject to the provisions of this chapter shall file with the code
administration manager or his or her designee an application in writing on a form to be
furnished by the department, which shall provide the following information:
(1) Proof of age, address and identification of the applicant,to be provided through
the applicant's driver's license, articles of incorporation (for sponsors), or other legally
recognized form of identification;
(2) A brief description of the business or activity to be conducted;
(3) The hours and location for which the right to peddle, solicit, or engage in street
sales is desired;
(4) If employed, the name, address and telephone number of the employer, or if
acting as an agent, the name, address and telephone number of the principal who is being
represented, with credentials in written form establishing the relationship and the authority
of the employee or agent to act for the employer or principal, as the case may be;
(5) A statement as to whether or not the applicant has been convicted of a felony,
misdemeanor or ordinance violation (other than traffic citations), the nature of the offense
or violation, the penalty or punishment imposed, the date when and place where such
offense occurred, and other pertinent details thereof. The administrative official shall
confirm this information through the Yakima police department.
(6) Proof of possession of any license or permit which, under federal, state or local
laws or regulations, the applicant is required to have in order to conduct the proposed
business, or which, under any such law or regulation, would exempt the applicant from the
licensing requirements of this chapter; and
(7) If the applicant is an individual not covered by Section 5.56.022, two
photographs of the applicant which shall have been taken within sixty (60) days
immediately prior to the date of filing the application. The photographs shall measure
three inches by five inches and show the head and shoulders of the applicant in a clear
and distinguishing manner.
47
(b) Any person issued a permit under this section may request a renewal of the permit by
mailing a request for renewal, including any updates of information required by this
section,to the administrative official, at least thirty days prior to the expiration of the current
permit.
(c) The permit and fee required under this chapter are separate from and in addition to
the business license required under Chapter 5.52 YMC, which may also be required when
applicable.
Section 25. Section 5.57.010 is hereby amended to read as follows:
5.57.010 Definitions
"Commissary" means an established commercial kitchen where mobile vendors go to
prepare and store food.
"Level 1 vendor" means a Level 1 mobile vendor as permitted by the Yakima Health
District.
"Level 2 vendor" means a Level 2 mobile vendor as permitted by the Yakima Health
District.
"Level 3 vendor" means a Level 3 mobile vendor as permitted by the Yakima Health
District.
"Mobile" means capable of being moved easily and quickly; movable without significant
alteration.
"Mobile food unit" is the motorized or non-motorized conveyance used by a mobile vendor
to sell goods, merchandise, or food.
"Mobile vendor" means a vendor or seller of goods, merchandise, or food from a mobile
food preparation vehicle or other motorized conveyance upon the public streets, alleys,
public property of the city, or upon private property.
"Motorized food preparation vehicle" means a commercially manufactured motorized
vehicle or trailer vending unit in which ready-to-eat food is cooked, wrapped, packaged,
processed or portioned for service, sale or distribution. Motorized food preparation
vehicles include, but are not limited to, food trucks.
"Special event" means any event for which a special event permit has been issued
pursuant to Chapter 9.70 of this code.
"Street vendor" means a vendor selling food or nonalcoholic beverages within a public or
private parking lot, pedestrian plaza, sidewalk, or public property using a non-motorized
cart or temporary structure.
Section 26. Chapter 5.57.020 is hereby amended to read as follows:
5.57.020 Mobile and street vendor—License required.
48
No person, firm or corporation shall engage in the business of a mobile or street vendor
without having first obtained a business license pursuant to Chapter 5.52 of the Yakima
Municipal Code. All mobile or street vendors must fulfill the requirements of this chapter
prior to a license issuing. All business licenses for mobile and street vendors must be
prominently displayed upon all vehicles, conveyances, or temporary structures from which
a mobile or street vendor conducts business.
Section 27. Chapter 5.57.030 is hereby amended to read as follows:
5.57.030 License requirements.
Any person desiring to operate as a mobile or street vendor must submit directly to the
city the following requirements in addition to the business license application that is
submitted pursuant to the procedures stated in Chapter 5.52 YMC. The business license
application cannot be approved by the city without these additional materials:
1. The applicant must obtain approval from all applicable regulating agencies including
the Department of Labor and Industries, Department of Health, and the Yakima Health
District and provide to the city copies of those approvals.
2. Applicant must submit a written narrative providing answers to the following questions:
a. When not in operation, a mobile food unit must be stored at an approved servicing
area or other approved location. Where do you plan to park the mobile food unit
when you are not open for business? Reference WAC 246-215-09100(3).
b. What is the current business name and address of the approved commissary you
plan to use? Reference WAC 246-215-09120(3).
c. The permit holder must designate a name for the business and provide it to the
regulatory authority and ensure that the name is posted on the mobile food unit in
a manner easily visible to customers during the hours of operation. Where do you
intend to post the permit? Reference WAC 246-215-09160.
d. Do you agree to remove from the premises at the end of each work day any and
all accessory items (i.e. waste receptacles, step stools, picnic tables, propane
tanks, etc.) associated with the mobile food unit? Do you acknowledge and agree
that you will not use freestanding awnings, canopies, umbrellas, signs, etc. and
that all such items are required to be permanently attached to the unit and fully
supported thereon if you use them?
e. Do you agree that as the person in charge of the mobile food unit you are required
to ensure that only employees and other persons authorized by the regulatory
authority are present inside the mobile food unit at any time?
Section 28. Section 5.64.030 shall be amended to read as follows:
5.64.030 License required—Application—Fee.
No person shall engage in the business of a secondhand dealer in the city of Yakima
without first procuring a license therefor, and in order to procure a license he or she shall
present to the city an application which shall contain the name of the applicant, the place
where he or she proposes to conduct business, the name under which the same shall be
conducted; if a copartnership, the names of the members of the firm; if a corporation, the
49
names of its officers; and in addition thereto shall supply the city with such other and
further information as may be required to administer the provisions of this chapter. If such
application is approved,the city shall issue a license to the applicant upon his or her paying
a license fee of thirty-seven dollars and sixty-seven cents. Said license shall not be
assignable or transferable. The license and fee required under this chapter are separate
from and in addition to the business license required under Chapter 5.52 YMC, which may
also be required when applicable.
Section 29. Section 5.78.010 shall be amended to read as follows:
5.78.010 License required.
It is unlawful for any person, firm or corporation to hold out, advertise, solicit, operate,
drive or use any vehicle as a for-hire vehicle in the city of Yakima without having first
obtained the licenses required by the provisions of this chapter. The licenses required
under this chapter are separate from and in addition to the business license required under
Chapter 5.52 YMC, which may also be required when applicable.
Section 30. Section 5.79.010 shall be amended to read as follows:
5.79.010 License required.
A. It is a violation of this chapter for any TNC to operate in the city of Yakima without a
current and valid Yakima business license issued pursuant to Chapter 5.52 YMC.
B. It is a violation of this chapter for any TNC driver, who is an independent contractor
affiliated with a TNC, to operate in the city of Yakima without a current and valid
Yakima business license issued pursuant to Chapter 5.52 YMC.
C. The business license requirements of this section are separate from other licensing
requirements stated in other sections of this chapter
Section 31. Section 5.80.010 shall be amended to read as follows:
It is unlawful to a) operate a sidewalk café or b) erect or maintain any shrub, plant,
structure or container of any type or nature within public right-of-way in any commercial or
industrial zoning district without a written permit to do so from the code administration
manager or his/her designee. The permit required under this chapter is separate from
and in addition to the business license issued under Chapter 5.52 YMC, which may also
be required when applicable.
Section 32. Severability/Validity. If any section, subsection, paragraph, sentence,
clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such
decision shall not affect the validity of the remaining portions of this ordinance.
Section 33. Effective Date. This ordinance shall be in full force and effect 30 days after
its passage, approval, and publication as provided by law and by the City Charter.
50
PASSED BY THE CITY COUNCIL, signed and approved this 3' day of March, 2020.
ATTEST: Patricia Byers, Mayor
Sonya Claar Tee, City Clerk
Publication Date:
Effective Date: