2296ORDINANCE NO. 2296
AN ORDINANCE AMENDING CHAPTER 5.04 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "LICENSING REGULATIONS"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Chapter 5.04 of the Moses Lake Municipal Code entitled "Licensing Regulations" is amended as
follows:
5.04.010 Authority: The provisions of this chapter shall be deemed an exercise of the authority and power
of the city to license, for the purposes of regulation and revenue, all and every kind of business
authorized by law and transacted and carried on within the corporate limits of the city, as provided
by RCW 35A.11.020 and 35.23.440.
5.04.100 Payment of Fee - Time Limit:
A. All persons, copartnerships, companies, associations, or corporations who are engaged in
business or in practice of their trades or professions in the city shall procure their license to
operate on or before the thirty-first day of each and every January. In the event the license
is not procured on or before January thirty-first of each year, the following penalties shall
apply:
1.If the renewed license fee is not paid before February first, the sum of twenty percent
(20%) of the required license fee shall be assessed as a penalty;
2.The sum of forty percent (40%) of the required renewed license fee shall be assessed as
a penalty if the license fee is not paid before March first;
3.If a business license is not renewed by March 31, enforcement will be taken as provided
for in this section.
B. All persons, copartnerships, companies, associations, or corporations who commence
business or practice of their trades or professions in the city after the thirty-first day of January
of each and every year, shall within one month from the commencement date procure their
license to operate for the current year and if the license to operate is not procured within the
month, then penalties shall apply and be imposed on the basis of a twenty percent (20%)
penalty of the required license fee for the first month the business license is delinquent and
an additional twenty percent (20%) for the second month the business license is delinquent.
If a business license is not procured after the sixty (60) day delinquent period, enforcement
will be taken as provided for in this section.
C. When the Finance Director determines that a violation of this chapter exists, he or she may
proceed against that violator using the procedures provided in this section.
D. Notice of Violation and Order to Pay. If the Finance Director determines that any person,
copartnerships, company, association, or corporation has engaged in any business or practice
of their trade or profession in violation of this chapter, he or she may issue a Notice of
Violation and Order to Pay. This Notice will specifically indicate the following:
1.The name and address of the person(s) charged with the violation.
2.The street address or description of the location of the site on which the violation has been
determined to exist.
•3. The amount necessary to cure the violation, including purchase of a business license.
4. The date by which the payment is to be made.
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Adopted by the City Council and signed by its Mayor .n-MarCr1277261
Ronald C. Covey, Mayo
ATTEST:
APPROVED AS TO FORM:
ames A. Whitaker, City Attorney
ORDINANCE 2296
PAGE 2 March 27, 2007
5. A statement that the civil penalties established in Section 1.20.050(5) shall be assessed
against the person(s) cited if the payment is not made within the specified time.
E. Appeals: Any Notice of Violation and Order to Pay issued by the Finance Director shall be
appealable to the Hearing Examiner under Chapter 20.03.
F. Penalties:
1.Any violation for which a Notice of Violation and Order to Pay has been issued but which
has not been paid within the time specified shall incur a civil penalty of two hundred fifty
dollars ($250) per day up to a sum of five thousand dollars ($5,000), beginning on the day
the payment was to be made. The cumulative penalty provided for in this paragraph shall
not accrue while an appeal is pending, nor shall the penalty preclude the initiation of
appropriate legal action to bar further operation of a business, trade, or occupation in
violation of this chapter.
2.If a penalty has been assessed pursuant to Section 1.20.050(5)(a), a court shall assess
that penalty and any additional penalty the court considers appropriate plus court costs
and attorney's fees.
G. If the Finance Director determines that the violator continues to operate a business, trade, or
profession after the Notice of Violation and Order to Pay has been issued and payment has
not been received within the time specified, the Finance Director shall issue a notice of
termination of utility service to any property permitting such business, trade, or profession to
operate without a business license and payment of any penalties imposed pursuant to this
chapter. Such notice of termination of utility service shall be issued pursuant to Chapter 13.12
and the procedures therein shall be followed. The Finance Director may refer the matter to
the City Attorney for civil enforcement by injunction or other appropriate action.
H. Compromise, Settlement, and Disposition of Disputes or Litigation. The Finance Director and
the City Attorney may negotiate a settlement or compromise, or otherwise dispose of a dispute
or litigation when to do so would be in the best interests of the city.
5.04.120 Consent to Inspections and Searches. Every person who obtains a business license hereunder
agrees to subject their place of business whether it be a building, room, cart, stand, vehicle, or
stock of merchandise to inspection by city, county and health district and state officials with
jurisdiction to enforce, health, safety, occupational, and tax laws. '
Section 2. This ordinance shall take effect and be in force five (5) days after its passage and publication of
its summary as provided by law.
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Ronald C. Cone, Finance Director
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