Title 7
BUSINESS LICENSES AND REGULATIONS*

Chapters:

7.02 Business Licenses and Regulations

7.04 Business Licenses—Licensee Identification

7.06 Commute Trip Reduction

7.08 Ambulances

7.12 Amusement Devices

7.16 Auctions and Auctioneers

7.20 Cabarets

7.22 Carnivals and Circuses

7.24 Dances and Dance Halls

7.26 Erotic Performance Establishments

7.32 Massage Parlors and Public Bathhouses

7.36 Pawnbrokers and Secondhand Dealers

7.44 Taxicabs and For-Hire Vehicles

7.48 Gambling Restrictions—Tax

7.52 Celebrations

7.56 Charitable Solicitation

7.60 Repealed

7.61 Cable Television—Procedures and Terms for
Grant of Franchises

7.68 Motor Vehicle Towing and Storage Service

7.72 Newsstands

* For the statutory provisions authorizing code cities to license, to regulate, make inspections and to impose excises for regulation or revenue in regard to all places and kinds of business production, commerce, entertainment, exhibition and upon all occupations, trades and professions and any other lawful activity, see RCW 35A.82.020.

Side sewer contractor’s license—See Chapter 15.32 of this code.

Chapter 7.02
BUSINESS LICENSES AND REGULATIONS

Sections:

7.02.010 Purpose.

7.02.020 Policy and scope.

7.02.030 Definitions.

7.02.040 Business license required.

7.02.050 Operating without a license.

7.02.060 No license required in certain circumstances.

7.02.070 Presumptions.

7.02.080 Finance director as license officer.

7.02.090 Confidentiality.

7.02.100 Application for license.

7.02.110 Review of application.

7.02.120 Basic license fee.

7.02.130 Regulatory licenses.

7.02.140 Utilities.

7.02.150 Temporary business.

7.02.160 Surcharge.

7.02.170 Determination of number of employees for surcharge.

7.02.180 License period, renewal and terms.

7.02.190 Penalty for late payment.

7.02.200 Debt owed to city.

7.02.210 Transfer or sale of business—New license required.

7.02.220 Notification of termination of business activities.

7.02.230 Notification of exemption.

7.02.240 Requests for director review.

7.02.250 Appeal.

7.02.260 Suspension or revocation of license—Criteria.

7.02.270 Procedures for revocation or suspension.

7.02.280 License fee additional to others imposed.

7.02.290 License not construed to permit prohibited uses or activities.

7.02.010 Purpose.

The provisions of this chapter shall be deemed an exercise of the power of the city to license for regulation and for revenue. (Ord. 3884 § 2 (part), 2003)

7.02.020 Policy and scope.

All persons engaging in a business or occupation within the limits of the city shall be subject to the provisions of this chapter. The city council finds that in order for the city of Kirkland to responsibly carry out the duties and authorities delegated to it by the Washington State Constitution and the laws of the state of Washington as a noncharter code city, maintenance of current information with respect to business, trade, service, commercial and professional activities carried on within the city is necessary and essential for the maintenance of the public health, safety and welfare; that such information can best be accumulated and maintained on a current basis through establishment of a license fee supported program for the licensing and registration of such activities. (Ord. 3884 § 2 (part), 2003)

7.02.030 Definitions.

Where used in this chapter, the following words and terms shall have the meanings as defined in this section, unless, from the context, a more limited or different meaning is clearly defined or apparent:

(a) “Business” includes all activities, occupations, pursuits, or professions located and/or engaged within the city, with the object of gain, benefit or advantage to the person engaging in the same, or to any other person or class, directly or indirectly, and includes nonprofit enterprises.

(b) “Business license” means that document issued by the city licensing the transaction of the indicated business by the person whose name appears thereon for the stated period.

(c) “Engaging in business” means commencing, conducting or continuing in any business within the city, whether or not an office or physical location for the business lies within the city. “Engaging in business” includes the performance of work or services by contractors, consultants, representatives, agents or other persons within the city, even though the office location of the contractor, consultant, representative, agent or other person is not within the city limits; the exercise of corporate or franchise powers, as well as the liquidation of a business when the liquidators hold themselves out to the public as conducting such business; acting as a solicitor or canvasser; and furnishing temporary employees and/or workers to other businesses. By way of illustration only and without being all-inclusive, a business with an office or physical location outside the city limits which sells or leases personal property to buyers or lessees in the city; accepts or executes a contract to perform construction or installation services contracts in the city; solicits sales in the city; or renders services to others in the city; is engaged in business in this city, irrespective of whether or not such business maintains a permanent place of business in the city.

(d) “Finance director” or “director” means the city of Kirkland director of finance or his/her designee.

(e) “Gross receipts” shall have its ordinary meaning and also means the value accruing from the business activity within the city or conducted from the city including compensation for the rendition of services (without any deduction for labor costs or the cost of materials used), sale of personal property (without any deduction for the cost of property sold), gains or dividends realized, rents, royalties, contributions, fees and commissions, all without any deduction for any expense, taxes, or losses.

(f) “Person” includes individual natural persons, any firm, corporation, association, sole proprietor, club, partnership, trust, receiver, administrator, executor, estate, company, independent contractor, society, any officer, agent, personal representative, any group of individuals acting as a unit, the United States or the state of Washington or any instrumentality thereof, and includes the singular and the plural.

(g) “City” means the city of Kirkland, Washington.

(h) “Year” means a calendar year, except where otherwise specified or when permission is obtained from the director to use a different fiscal year.

(i) “L&I” means the Washington State Department of Labor and Industries.

(j) “Place of business” or “office” includes, but is not limited to, the following: maintaining, occupying, or using a permanent building or facility or fixed location as an office or location for conducting business; or a location where the regular business of the person is conducted and which is either owned by the person or over which the person exercises legal dominion and control; or a location which includes a business sign, mailing address, and permanent phone. A vehicle such as a pickup, van, truck, boat or other motor vehicle will not be considered a place of business for purposes of this chapter.

(k) “Casual or isolated sale” means a sale made by a person who is not engaged in the business of selling the type of property involved. Persons who hold themselves out to the public as making sales at retail or wholesale are deemed to be engaged in business, and sales made by them of the type of property which they hold themselves out as selling are not casual or isolated sales even though such sales are not made frequently. (Ord. 3990 § 1, 2005: Ord. 3884 § 2 (part), 2003)

7.02.040 Business license required.

(a) It is unlawful to engage in any business within the city without first having obtained a business license (“license”) from the city and being the holder of a currently valid license to engage in such business or activity.

(b) If a business is conducted from more than one premises in the city a separate registration and license shall be required for each premises within the city.

(c) If more than one business is conducted upon or from a single premises a separate registration and license shall be required for each separate business conducted, operated, engaged in or practiced.

(d) Persons or companies doing business in Kirkland must comply with this chapter regardless of the physical location of the business (i.e., whether inside or outside Kirkland city limits).

(e) Limited Exemption from Multiple License Requirement. A business which holds a currently valid city of Kirkland general business license need not obtain an additional business license to conduct business at a second location so long as the second location is not rented, leased, subleased or owned by such business. (Ord. 3884 § 2 (part), 2003)

7.02.050 Operating without a license.

(a) Any person who engages in or carries on a business without having obtained a business license when required 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. Any person who fails or refuses to pay a fee required under this chapter, or any part thereof, on or before the due date, shall be deemed to be operating a business without having obtained a license to do so. Except as otherwise specified, any person violating this chapter shall be guilty of a misdemeanor crime.

(b) A business failing to obtain or maintain a currently valid license and yet conducting business within the city is hereby declared to be a public nuisance. Any remedy provided by this code with respect to a public nuisance is in addition to other remedies provided under this chapter. (Ord. 3884 § 2 (part), 2003)

7.02.060 No license required in certain circumstances.

(a) Employees. The requirement for a separate business license shall not apply to a person in respect to the person’s employment in the capacity as an employee, as distinguished from, for example, that of an independent contractor. For purposes of this section, it shall be presumed that a person is not an employee of a business unless that business makes contributions to the state employment security department on behalf of such person. The fact that the business makes industrial insurance contributions on behalf of such worker will not rebut this presumption.

(b) Farmers. No license or registration fee will be required for any farmer, gardener, or other person to sell, deliver, or peddle any fruits, vegetables, berries, eggs, or any farm produce or edibles raised, gathered, produced, or manufactured by such person; provided, that this exemption does not apply to any dairy product, meat, poultry, eel, fish, mollusk, or shellfish (except as otherwise provided with regard to wild-caught salmon and crab under RCW 36.71.090).

(c) Real Estate Agents. For the purposes of this chapter, “real estate agent” means a person who is licensed under Chapter 18.85 RCW and whose license is being retained by a broker licensed as a broker under Chapter 18.85 RCW (“designated broker”). Due to the unique legal controls placed upon the real estate agent/broker relationship, a real estate agent whose license is retained by a designated broker holding a currently valid city of Kirkland business license is not required to have his/her own separate business license if all of the following is true:

(1) The real estate agent engages in no business in Kirkland other than the work with the designated broker; and

(2) The designated broker notifies the city in writing as part of each year’s business license renewal of the name of each real estate agent that the city should consider to be the equivalent of an employee of the designated broker for the purposes of this chapter; and

(3) The designated broker includes the real estate agent in counting the number of employees to determine the surcharge to be paid for the designated broker’s business license and includes the real estate agent’s gross receipts in calculating the designated brokers gross receipts for the purposes of this chapter.

(d) No license is required if a person engages in no activities within the city but the following:

(1) Mere delivery of goods;

(2) Activities that are within the term and scope of a city special event permit (e.g., vendors at a temporary booth who are included under an entity’s special event permit, consistent with the term and activity for which the permit was issued);

(3) Meeting with suppliers of goods and services as a customer;

(4) Attending meetings where the person does not provide training for a fee;

(5) Renting personal property as a customer when the property is not used in the city;

(6) Sale of one’s own residence;

(7) Employing a household employee or being a customer of a domestic worker (e.g., babysitters, nannies, health aides, maids, or yard workers); or

(8) Casual and isolated sales.

(e) No license or registration fee will be required for any judge or court commissioner of the Kirkand municipal court or for any person filing a judicial or hearing examiner position for the city of Kirkland. (Ord. 3990 § 2, 2005: Ord. 3884 § 2 (part), 2003)

7.02.070 Presumptions.

The following presumptions shall be made in interpreting and applying this chapter, unless rebutted as provided in this chapter.

(a) It shall be presumed that an entity that has been issued a Unified Business Identifier Number (“UBI”) by the state of Washington is a separate business that is required to have its own city of Kirkland business license.

(b) It shall be presumed that an entity that has been issued a state industrial insurance account number, a state self-insurer number, or a state revenue tax reporting account number is a separate business that is required to have its own city of Kirkland business license.

(c) It shall be presumed that average annual gross receipts of an entity are at least twenty thousand dollars per each employee who works for the entity in Kirkland.

(d) It shall be presumed that an entity with average annual gross receipts of forty thousand dollars or more has at least two employees, as “employee” is defined in Section 7.02.160.

(e) It shall be presumed that an entity with average annual gross receipts of one hundred twenty thousand dollars or more has at least six employees, as “employee” is defined in Section 7.02.160.

(f) It shall be presumed that an entity with average annual gross receipts of four hundred twenty thousand dollars or more has at least twenty-one employees, as “employee” is defined in Section 7.02.160.

(g) It shall be presumed that an entity with average annual gross receipts of two million, twenty thousand dollars or more has at least one hundred one employees, as “employee” is defined in Section 7.02.160.

(h) It shall be presumed that a business’ average annual gross receipts are equal to its prior years gross receipts or the average of its gross receipts for the last three years, whichever is higher.

(i) With regard to a business that did not operate for the full prior year, it shall be presumed that the prior year’s gross receipts are equal to the annualized product of the prior year’s actual gross receipts.

(j) It shall be presumed that a business’ average annual gross receipts are greater than or equal to the business’ annual gross volume of business, gross revenue, or gross proceeds of sales.

(k) It shall be presumed that a business with premises in the city of Kirkland has all of its employees working within the city of Kirkland.

(l) It shall be presumed that an owner, manager, and/or managing partner of a business that is more than sixty days late in paying any amount due under this chapter is willfully, knowingly and intentionally evading his or her legal duties under this chapter. (Ord. 3884 § 2 (part), 2003)

7.02.080 Finance director as license officer.

(a) The administration of this chapter shall be accomplished under the direction of the director. The director may make and publish rules of procedure and regulations for the administration of this chapter. It is unlawful to violate or knowingly fail to comply with any such rule or regulation.

(b) The finance director shall collect all license fees and shall issue licenses in the name of the city to all persons qualified under the provisions of this chapter and shall have the authority to:

(1) Adopt Forms. Adopt application, license, renewal, annual return, and all other necessary or convenient forms and prescribe the information to be provided. Such required information shall include, but not be limited to, the name of the applicant, his or her residence address, place of business, the nature of the business, the form of ownership, the names of all officers of the business and the number of employees.

(2) Obtain Endorsement. Submit applications, when deemed appropriate, to other city officials for their endorsements thereon as to compliance by the applicant with all city regulations which the officials have the duty of enforcing.

(3) Investigate. Investigate and determine the eligibility of any applicant for a license, the amount of fees or other amounts due as prescribed herein, and the correctness of data submitted to the city.

(4) Examine Records. Examine and audit the books and records of any applicant, licensee, or business when reasonably necessary to the administration of this chapter. The records of a business, including federal and state tax returns and invoices, shall be open for examination by the director or authorized agent at any time to the extent authorized by law. The director may require the attendance of any person at a time and place fixed by the director or authorized agent in accordance with and to the extent authorized by applicable law.

(5) Give Notice. Notify any applicant of the acceptance or rejection of the application.

(6) Regulate Form of Licenses. Ensure that each license is numbered, and shows the name of the licensee, and business address. (Ord. 3884 § 2 (part), 2003)

7.02.090 Confidentiality.

(a) For the purposes of this section, “confidential data” means facts and information that a business asks the city to treat as confidential and that are not authorized or required to be disclosed by the Public Disclosure Act, Chapter 42.17 RCW or other laws. The city, or any official, employee, agent, or representative thereof, shall not make known or reveal any confidential data contained in an application filed by an applicant or disclosed in any investigation or examination of business books and records pursuant to this chapter; provided, that this shall not be construed to prohibit the city or any official, employee, agent or representative thereof from:

(1) Giving such facts or information in evidence in any appeal before the hearing examiner or in any court action.

(2) Giving such facts and information to the applicant, licensee or duly authorized agent thereof.

(3) Publishing statistics so classified as to prevent the identification of a particular business.

(4) Giving such facts or information, for official purposes only, to any employee of the city, the mayor and city council, or to any subcommittee of the city council dealing with matters of revenue, commerce, taxation or business regulation.

(5) Permitting the business records to be audited and examined by the proper city officer, agent or employee.

(6) Giving such facts or information, for official purposes only, to the Federal Internal Revenue Service, State Department of Revenue, and tax or law enforcement officials of any government agency for official purposes only, but only if substantially similar privileges are granted to the proper offices of the city.

(7) Disclosing facts and information as authorized or required by Chapter 42.17 RCW or other laws.

(b) A person who reveals or makes known “confidential data” to any person or entity not so entitled under this section, is subject to discipline and/or forfeiture of office or employment. (Ord. 3884 § 2 (part), 2003)

7.02.100 Application for license.

(a) Formal Application Required. Every person required to have a license shall submit the city’s application for business license form to the finance department. At the same time, the applicant should deposit with the finance department the total amount due for the annual license. Alternatively, the applicant may request city assistance in determining the amount due. An application will not be considered complete until the city receives the total amount due for the annual license.

(b) The applicant shall state the address or addresses of the business or proposed business or businesses; the name and address of the owner or applicant; an emergency notification name, phone number and address; the type of business; the number of employees; and other information as requested by the director.

(c) If the applicant is a partnership, the application must be made by one of the partners; if a corporation, by one of the officers thereof; if a foreign corporation, partnership or nonresident individual, by the resident agent or local manager of the corporation, partnership or individual.

(d) Commencement of Business Activities. No person shall be entitled or authorized to engage in business within the city until such time as the director has approved the issuance of a business license pursuant to the terms of this chapter. The issuance of a receipt for the amount deposited with the application and/or the acceptance of a business license application by the city shall not be deemed to grant any right or privilege under this chapter, except as otherwise provided by law.

(e) Burden on Applicant. The director is authorized, but not required, to mail to persons engaging in business forms for applications for licenses, but failure of the person to receive any such form shall not excuse the person from making application for and obtaining the license required by this chapter. (Ord. 3884 § 2 (part), 2003)

7.02.110 Review of application.

(a) The director, upon receipt of an application form, shall cause an investigation and review of the application to be made by the proper city officials, and shall issue or deny issuance of the license within fifteen days after the city receives a complete application.

(b) The proposed use of premises shall not be in violation of any city building, safety, fire, health or land use regulations as determined by the city department charged with the enforcement of said regulations.

(c) If a person required by the terms and provisions of this chapter to pay a license fee for any period fails or refuses to do so, he/she/it shall not be granted a license for the current period until the delinquent license fee, together with penalties, has been paid in full. Neither the applicant nor the proposed business shall be in default under the provisions of this chapter or indebted or obligated in any manner to the city, except for current taxes and other obligations not past due.

(d) Qualifications of Applicants. The director may deny issuance (or renewal) of a business license or permit when the licensee, officer or partner thereof, or another person with a legal interest in the license:

(1) Knowingly causes, aids, abets, or conspires with another to cause any person to violate any of the laws or regulations of this state or the city which may affect or relate to the licensed business;

(2) Has obtained a license or permit by fraud, misrepresentation, concealment, or through inadvertence or mistake;

(3) Is convicted of, forfeits bond upon, or pleads guilty to any offenses related to the operation of the licensed business or had a license revoked or suspended by the city or another jurisdiction;

(4) Makes a misrepresentation or fails to disclose a material fact to the city related to any of the obligations set forth in this chapter;

(5) Violates any building, safety, fire or health regulation on the premises in which the business is located after receiving warning from the city to refrain from such violations; or

(6) Is in violation of a zoning regulation of the city.

(e) If an application is denied, any person aggrieved may request director review as provided in this chapter. (Ord. 3884 § 2 (part), 2003)

7.02.120 Basic license fee.

The basic license fee for the annual license issued under this chapter shall be as follows:

(a) Basic Fee. Each business shall pay a basic business license fee of one hundred dollars per year.

(b) Registration Fee. Any business with less than two thousand dollars average annual gross receipts shall pay a registration fee of twenty-five dollars per year.

(c) Exemptions. The following entities may claim an exemption from the basic license fee or registration, but if exempt under this subsection such entities shall still register under this chapter:

(1) Certain Organizations Exempt from Federal Income Tax. An organization that files with the city a copy of its current IRS 501(c)(3) exemption certificate issued by the Internal Revenue Service.

(2) A governmental entity that engages solely in the exercise of governmental functions. Activities which are not exclusively governmental, such as some of the activities of a hospital or medical clinic, are not exempt under this chapter.

(3) A nonprofit business operated exclusively for a religious purpose, upon furnishing proof to the finance director of its nonprofit status. For the purposes of this chapter, the activities that are not part of the core religious functions are not exempt.

(4) Civic groups, service clubs, and social organizations that are not engaged in any profession, trade, calling, or occupation, but are organized to provide civic, service, or social activities in the city. Examples of such organizations may include, but are not limited to: Soroptomists; Kiwanis; Lions; Rotary; American Legion; children’s and adults’ athletic organizations; and similar types of groups, clubs or organizations.

(5) A business that can demonstrate to the satisfaction of the director that it is exempt due to preemption by state or federal law. (Ord. 3990 § 4, 2005: Ord. 3884 § 2 (part), 2003)

7.02.130 Regulatory licenses.

(a) A business that holds a current valid city of Kirkland regulatory license under another chapter of this code must also file the general business license application form, pay the general business license fee and pay the surcharge pursuant to this chapter; provided, however, that such business may take a credit for the amount paid for the regulatory license up to the total amount of general business license fee plus the surcharge.

(b) Regulatory licensees under the following KMC chapters may apply the credit described in this section:

7.08	Ambulances
7.12	Amusement Devices
7.16	Auctions and Auctioneers
7.20	Cabarets
7.22	Carnivals and Circuses
7.24	Dances and Dance Halls
7.32	Massage Parlors and Public Bathhouses
7.36	Pawnbrokers and Secondhand Dealers
7.44	Taxicabs and For-Hire Vehicles
7.61	Cable Television—Procedures and Terms for Grant of Franchises

(Ord. 3884 § 2 (part), 2003)

7.02.140 Utilities.

(a) A business that pays a utility occupation tax to the city pursuant to Chapter 5.08 must also file the general business license application form, but need not pay a general business license fee. This is a waiver of the basic fee, not an exemption.

(b) A business that pays a utility occupation tax to the city pursuant to Chapter 5.08 is subject to the surcharge which is set forth in this chapter; provided, that such a business may take a credit for the amount of such tax paid, up to the total amount of the surcharge. (Ord. 3884 § 2 (part), 2003)

7.02.150 Temporary business.

(a) General. One act of engaging in business in the city is sufficient to require a city business license. However, a person may apply to the city for a temporary business permit instead of a general business license. The city will be the sole judge as to whether a business qualifies for a temporary permit, considering factors such as whether the business has a fixed location within the city, whether the business has previously applied for a temporary permit within the last twelve months, and the city’s experience with similar activities.

(b) Permit. If a temporary business permit is approved by the city, it will allow the conduct of business for not more than thirty-five consecutive days. The permit shall state an expiration date which shall be not more than thirty-five calendar days after its term begins. The fee for this permit is twenty dollars. There will be no charge for this permit when business will be engaged in solely by an organization with a current IRS 501(c)(3) exemption certificate. A person who engages in business in accordance with the requirements of this section is not required to obtain a general city business license.

(c) Revocation. Once a permit has been issued, the city may find that the actual conduct of the business does not qualify for a temporary permit. If so, the city may revoke the temporary permit and require the person to immediately obtain a general business license. (Ord. 3884 § 2 (part), 2003)

7.02.160 Surcharge.

(a) General. In addition to the basic license fee, the highest applicable surcharge in this section shall be paid for the annual license issued under this chapter.

(1) A business with less than fifty thousand dollars of average annual gross receipts shall be exempt from any surcharge.

(2) For the purposes of this section and in determining the applicable surcharge, the term “employee” means and includes each of the following persons who are not required by the city to have his/her/its own separate city of Kirkland business license:

(A) Any person who is on the business’ payroll, and includes all full-time, part-time, and temporary employees or workers; and

(B) Self-employed persons, sole proprietors, owners, managers, and partners; and

(C) Any other person who performs work, services or labor at the business, including an independent contractor who is not required to have a separate city of Kirkland business license.

(3) An entity that is entirely exempt from paying the basic license fee shall be exempt from any surcharge.

(4) An entity with some activities or functions that are exempt from the basic license fee and some that are not exempt shall pay a surcharge based on the number of its employees that are involved in the functions or activities that are not exempt.

(b) Amount of Surcharge.

(1) One employee: one hundred twenty-five dollars. A business with one employee shall pay a surcharge of one hundred twenty-five dollars. If such a business has less than one hundred thousand dollars of average annual gross receipts (“GR”), then the surcharge shall be seventy-five dollars.

(2) Two to five employees: two hundred twenty-five dollars. A business with at least two but not more than five employees shall pay a surcharge of two hundred twenty-five dollars. If such a business has less than one hundred thousand dollars of GR, then the surcharge shall be one hundred fifty dollars.

(3) Six to twenty employees: seven hundred fifty dollars. A business with at least six but not more than twenty employees shall pay a surcharge of seven hundred fifty dollars. If such a business has less than one hundred thousand dollars of GR, then the surcharge shall be five hundred dollars.

(4) Twenty-one to one hundred employees: one thousand five hundred dollars. A business with at least twenty-one but not more than one hundred employees shall pay a surcharge of one thousand five hundred dollars. If such a business has less than one hundred thousand dollars of GR, then the surcharge shall be one thousand dollars.

(5) More than one hundred employees: two thousand five hundred dollars. A business with more than one hundred employees shall pay a surcharge of two

thousand five hundred dollars. If such a business has less than one hundred thousand dollars of GR, then the surcharge shall be two thousand dollars.

(c) Multiple Locations. If a business is conducted from more than one premises in the city, a separate license is required for each premises. The applicable surcharge shall be determined for each premises and then paid for such separate premises.

(d) In the event that no employee of a business physically works within the city, the applicable surcharge shall be the amount for one employee.

(e) If no higher surcharge applies under this section, then the minimum surcharge shall be seventy-five dollars. (Ord. 3884 § 2 (part), 2003)

7.02.170 Determination of number of employees for surcharge.

For the purposes of this section, “employee” shall be defined as in Section 7.02.160.

(a) Standard Rule. In determining the amount of surcharge to be paid for the upcoming license year, the number of employees shall be the current number of employees or the number of employees on the last regular working day of each of the last twelve months divided by twelve, whichever is higher. Each person who comes under the definition of “employee” shall be counted as one employee, even if the person works part-time.

(b) Alternative Method (“FTE”). A business may choose to calculate the number of employees for the purpose of the surcharge according to the following alternative method based on the number of employee hours worked for the business during the previous year.

(1) The business must notify the city of its choice to use the FTE method. It will be the responsibility of the business to determine the number of hours worked for the business, taking into account the information submitted to L & I in the last four quarterly reports. The business must demonstrate, to the satisfaction of the director, that the alternative calculation is accurate. The director may require the business to submit copies of its L & I reports.

(2) Each employee who worked more than one thousand, nine hundred twenty hours during the previous year (including paid time off) shall be counted as one employee. If a person such as an owner or partner devotes more than one thousand, nine hundred twenty hours per year to the business then that person must be counted as one employee for surcharge purposes.

(3) Where there are employees who work less than one thousand, nine hundred twenty hours per year, the total number of hours worked by all such employees during the previous year shall be added together and divided by one thousand, nine hundred twenty. A fraction of 0.5 or over shall be rounded up. Hours worked by persons who are defined as employees for surcharge purposes must be included in the calculation even if the business is not required to report to L & I concerning such persons.

(4) The results from subsection (b)(2) of this section plus subsection (b)(3) of this section shall be the total number of employees used to determine the amount of the surcharge.

(c) New Businesses. The surcharge for a business that did not submit reports for each of the last four quarters to L & I shall be based on the estimated number of employees of that business. The business shall provide its estimate of the average number of employees for the upcoming year. The city will determine the number of employees that will be used in calculating the amount of the surcharge. If, during the license year, the city determines that the actual number of employees is significantly different than estimated, then the amount of the surcharge will be recalculated for the new business. If the revised surcharge is higher, the business must pay the difference within thirty days after notification. If the revised surcharge is lower, then the difference will be refunded within thirty days.

(d) Over-Reporting Number of Employees. A licensee may request that the city refund surcharge overpaid on the basis that the business miscounted the number of employees by an error factor of more than fifteen percent. The request must be in writing and the city must receive the request and all supporting documentation no later than sixty days after the end of the licensee’s fiscal year in which the error was made. If the city is satisfied that the licensee paid an excess surcharge, then the city will refund the excess surcharge paid by the licensee during either the current calendar year or one prior calendar year.

(e) Under-Reporting of Employees. If the city determines that the number of employees was under-reported at the time of application or renewal by an error factor of more than fifteen percent, the business shall pay the balance of the applicable surcharge together with a penalty of twenty percent of such balance due. The business shall also reimburse the city for any accounting, legal, or administrative expenses incurred by the city in determining the under-reporting or in collecting the additional amounts. The director shall mail written notice of the amount to be paid and the business shall pay said amount to the city within twenty days. If the city does not receive timely payment, an additional penalty shall be added, applying the schedule for late payments in this chapter. (Ord. 3884 § 2 (part), 2003)

7.02.180 License period, renewal and terms.

(a) A business license will expire on the last day of the twelfth month after it is issued (“license year”). Each licensee shall be responsible for renewal of the license for each license year. A business shall submit its application for renewal at least fifteen calendar days prior to the expiration of its license.

(b) Display of License. A license granted under this chapter shall be posted in a conspicuous place in the place of business of the licensee. No person shall allow any license to be posted, displayed, or used after its expiration, suspension, or revocation, or if it is not a valid license for the premises where displayed.

(c) The business name, address and application form of each licensed business is for the purposes of Chapter 42.17 RCW a public record, subject to request for public record disclosure.

(d) Change of Location. A licensee must notify the city of a change in location and obtain a new business license unless the city will issue a replacement license. The replacement license will be issued free of charge if the licensee demonstrates, to the satisfaction of the director, that the business can be legally conducted at the new location and that no changes are being made other than that the existing business is moving to the new location.

(e) Payment made by draft or check shall not be deemed a payment of the fee unless and until the same has been honored in the usual course of business, nor shall acceptance of any such check or draft operate as a quittance or discharge of the amounts due unless and until the check or draft is honored. (Ord. 3884 § 2 (part), 2003)

7.02.190 Penalty for late payment.

(a) A business that fails to renew its license on time shall pay a penalty in addition to the amount charged for the annual license as follows:

(1) Up to twenty-nine days late, a penalty of twenty-five dollars or ten percent of the amount for the license, whichever is greater;

(2) Between thirty and fifty-nine days late, a penalty of fifty dollars or fifty percent of the amount for the license, whichever is greater;

(3) Sixty or more days late, a penalty of one hundred dollars or one hundred percent of the amount for the license, whichever is greater;

(4) The director is authorized, but not obligated, to waive all or a portion of the penalties provided herein in the event that the director determines that the late payment was the result of excusable neglect or extreme hardship.

(b) Late Application. A business that fails to obtain a license before first commencing business in Kirkland shall pay a penalty in addition to the amount charged for the annual license according to the schedule in subsection (a) of this section; provided, that the number of days late shall mean the number of days between the commencement of business and the date the city receives a complete application. (Ord. 3884 § 2 (part), 2003)

7.02.200 Debt owed to city.

(a) Any amount due and unpaid under this chapter and any penalty thereon shall constitute a debt to the city and may be collected in the same manner as any other debt, including through court proceedings, and these remedies shall be in addition to all other existing remedies. Interest shall accrue on amounts owed to the city under this chapter at the same rate as provided for superior court judgments.

(b) Issuance of a business license does not forgive amounts owed to the city or penalties thereon. (Ord. 3884 § 2 (part), 2003)

7.02.210 Transfer or sale of business—New license required.

A city business license is personal to the licensee and is nontransferable, except as provided in this chapter. Upon the sale or transfer of a business, the license issued to the prior owner or transferor shall automatically expire on the date of such sale or transfer. The new owner must obtain a new business license; provided, that the director may waive the provisions of this section if the business demonstrates, to the satisfaction of the director, that the change in the entity is not a change in ownership. (Ord. 3884 § 2 (part), 2003)

7.02.220 Notification of termination of business activities.

(a) Any person who obtains a city business license and thereafter ceases to engage in business shall so notify the city in writing. A business shall be presumed to continue in operation within the city until the city receives such notice of termination of business activities and enforcement proceedings may be conducted on the basis of this presumption.

(b) There shall be no pro rata refund of the basic license fee. However, a business may request a pro rata refund of the surcharge if the city receives such request within ninety days after business activities cease. The city shall calculate and refund such pro rata amount based on the date business ceased or the date the city received the required notice, whichever is later. (Ord. 3884 § 2 (part), 2003)

7.02.230 Notification of exemption.

(a) A licensee may request that the city reissue a business license on the basis of a new or newly recognized exemption or partial exemption. The request must be in writing and the city must receive the request and all supporting documentation no later than thirty days prior to the expiration date of the current license.

(b) If the city is satisfied that the exemption or partial exemption applies, then the city will refund a pro rata amount of excess fees based on the date the city received all information necessary to consider the request. Both the basic license fee and the surcharge are subject to pro rata refund. (Ord. 3884 § 2 (part), 2003)

7.02.240 Requests for director review.

(a) Any person aggrieved by a presumption or rule in this chapter and any person seeking a waiver or interpretation under this chapter may request director review of the same.

(b) The request for review shall be delivered in writing to the finance department within fourteen calendar days after the person discovers the issue of concern.

(c) The director may require the person to submit background information and may hold a conference with the person. After review, and the conference if one is held, the director will make a determination regarding the issue of concern. The director will mail notice of the determination to the person. This determination is subject to appeal pursuant to Section 7.02.250. If no such appeal is filed, the determination shall become final. (Ord. 3884 § 2 (part), 2003)

7.02.250 Appeal.

(a) Any person aggrieved by a determination of the director may appeal such determination to the hearing examiner pursuant to this section.

(b) Form of Appeal. An appeal must be in writing and must contain the following:

(1) The name and address of the appellant;

(2) A statement identifying the determination of the director from which the appeal is taken;

(3) A statement setting forth the grounds upon which the appeal is taken and identifying specific errors the director is alleged to have made in making the determination; and

(4) A statement identifying the requested relief from the determination being appealed.

(c) Time and Place to Appeal. An appeal shall be filed with the director with a copy to the city clerk’s office no later than fourteen calendar days following the date on which the city mailed the notice of the determination. Failure to follow the appeal procedures in this section shall preclude the taxpayer’s right to appeal.

(d) Appeal Hearing. The director shall transmit the appeal to the hearing examiner. The hearing examiner shall schedule a hearing date and notify the appellant and the director of such hearing date. The hearing examiner shall conduct an appeal hearing in accordance with this chapter and procedures developed by the hearing examiner, at which time the appellant and the director shall have the opportunity to be heard and to introduce evidence relevant to the subject of the appeal.

(e) Burden of Proof. The appellant shall have the burden of proving by a preponderance of the evidence that the determination of the director is erroneous.

(f) Hearing Record. The hearing examiner shall make an electronic sound recording of each appeal hearing unless the hearing is conducted solely in writing.

(g) Decision of the Hearing Examiner. Following the hearing, the hearing examiner shall enter a decision on the appeal, supported by written findings and conclusions in support thereof. A copy of the findings, conclusions and decision shall be mailed to the appellant and to the director.

(h) Appeal Not a Stay. Filing an appeal will not stay the effect of the director’s determination. Interest and/or penalties shall continue to accrue on all unpaid amounts, notwithstanding the fact that an appeal has been filed. If the hearing examiner determines that the taxpayer is owed a refund, the city shall pay such refund within thirty days.

(i) A writ of review regarding the decision of the hearing examiner may be sought from King County Superior Court by the appellant or by the city. A proper request for a writ of review must be filed with the superior court within twenty calendar days following the date that the decision of the hearing examiner was mailed to the parties. Review by the superior court shall be on, and shall be limited to, the record on appeal created before the hearing examiner. Filing with the court does not automatically stay the effect of the city’s decision. (Ord. 3884 § 2 (part), 2003)

7.02.260 Suspension or revocation of license—Criteria.

The director may suspend or revoke a business license or permit when the licensee, officer or partner thereof, or another person with a legal interest in the license:

(1) Knowingly causes, aids, abets, or conspires with another to cause any person to violate any of the laws of this state or the city which may affect or relate to the licensed business;

(2) Has obtained a license or permit by fraud, misrepresentation, concealment, or through inadvertence or mistake;

(3) Is convicted of, forfeits bond upon, or pleads guilty to any offenses related to the operation of the licensed business;

(4) Makes a misrepresentation or fails to disclose a material fact to the city related to any of the obligations set forth in this chapter;

(5) Violates any building, safety, fire or health regulation on the premises in which the business is located after receiving warning from the city to refrain from such violations;

(6) Is in violation of a zoning regulation of the city; or

(7) Is indebted or obligated to the city for past due fees or taxes, excluding special assessments such as LID assessments. (Ord. 3884 § 2 (part), 2003)

7.02.270 Procedures for revocation or suspension.

(a) When the director determines that there is a reasonable basis for suspending or revoking a business license, the director shall notify the licensee by regular and certified mail of the city’s intention to suspend or revoke such license. The notice shall also state the reason for the suspension or revocation and the date that the suspension or revocation will become effective unless a hearing is requested. The suspension or revocation shall become effective eight days after the date the notice is mailed unless the licensee, within such eight-day period, files a written request with the director for a hearing. The licensee shall state why the criteria in Section 7.02.260 do not apply to his/her/its business.

(b) Hearing Procedure. The director shall schedule and hold a hearing within twenty days following receipt of a request that meets the requirements of subsection (a) of this section. The suspension or revocation will be stayed pending the director’s decision after the hearing. At the hearing, both the licensee and the city shall be entitled to present evidence.

(c) Upon the completion of the hearing, the director shall make a decision about the suspension or revocation and shall deliver the written decision to the licensee. If delivery is via mail, it shall be by both regular and certified mail. If the decision is to suspend or revoke the license, such action shall be effective one day after delivery of the decision; provided, that the effective date shall be three days after the date of mailing, if delivery is via mail. This decision shall be the final decision of the city.

(d) Any person who continues to engage in business after the effective date of their license suspension or revocation shall be deemed to be knowingly operating without a license for the purposes of the crime of “operating without a license” (see Section 7.02.050(a)); provided, that a person convicted of a crime involving a suspended or revoked license shall be guilty of a gross misdemeanor.

(e) Return of License upon Revocation. Whenever a license is revoked, the licensee shall immediately return the license to the finance department. There shall be no refund of any part of the amount paid for the annual license. In order for the business to resume operation, city approval of a new application for a new annual license is required.

(f) A writ of review regarding the suspension or revocation may be sought from King County Superior Court. A proper request for a writ of review must be filed with the superior court within twenty calendar days after the effective date of the suspension or revocation. Review by the superior court shall be on, and shall be limited to, the information that was before the director. Filing with the court does not automatically stay the suspension or revocation. (Ord. 3884 § 2 (part), 2003)

7.02.280 License fee additional to others imposed.

The license fee required by this chapter shall be additional to any license fee or tax imposed or levied under the law or any other ordinance of the city, except as expressly provided herein. (Ord. 3884 § 2 (part), 2003)

7.02.290 License not construed to permit prohibited uses or activities.

Notwithstanding any provisions to the contrary, a license hereunder shall not be issued to any person who uses or occupies or proposes to use or occupy any real property or otherwise conducts or proposes to conduct any business in violation of the provisions of any ordinance of the city of Kirkland or of the statutes of the state of Washington. The granting of a business license shall in no way be construed as permission or acquiescence in a prohibited activity or other violation of the law. (Ord. 3884 § 2 (part), 2003)

Chapter 7.04
BUSINESS LICENSES—LICENSEE IDENTIFICATION

Sections:

7.04.010 Businesses requiring fingerprinting.

7.04.010 Businesses requiring fingerprinting.

Every person making application to the city in regard to the following shall, in addition to all other information and requirements which may be required by the ordinances of the city, be fingerprinted for the purpose of positive identification:

(1) Civil service positions (police and fire);

(2) Taxi license and taxi operator’s permits;

(3) Ambulance license and ambulance operator’s permits;

(4) Private detective license;

(5) Merchant patrolman’s license;

(6) Concealed weapons and pistol purchase permits;

(7) Public dance hall license;

(8) Cabaret license. (Ord. 2089 § 1, 1970)

Chapter 7.06
COMMUTE TRIP REDUCTION

Sections:

7.06.010 Definitions.

7.06.020 Commute trip reduction goals.

7.06.030 Designation of CTR zone and base year values.

7.06.040 City of Kirkland CTR plan.

7.06.050 Responsible agency.

7.06.060 Applicability.

7.06.070 Requirements for employers.

7.06.080 Record keeping.

7.06.090 Schedule and process for CTR reports, program review and implementation.

7.06.100 Requests for exemptions/ modification of CTR requirements.

7.06.110 Credit for transportation demand management efforts.

7.06.120 Employer peer review group.

7.06.130 Appeals of administrative decisions.

7.06.140 Enforcement.

7.06.010 Definitions.

For the purpose of this chapter, the following definitions shall apply in the interpretation and enforcement of this chapter:

(1) “Affected employee” means a full-time employee who is scheduled to begin his or her regular workday at a single worksite between six a.m. and nine a.m. (inclusive) on two or more weekdays per week for at least twelve continuous months. For the purposes of this chapter, shareholders, principals and associates in a corporation, partners (general or limited) in a partnership and participants in a joint venture are to be considered employees.

(2) “Affected employer” means a public or private employer that, for twelve continuous months, employs one hundred or more full-time employees at a single worksite who are scheduled to begin their regular workday between six a.m. and nine a.m. (inclusive) on two or more weekdays. The individual employees may vary during the year. Construction worksites, when the expected duration of the construction is less than two years, are excluded from this definition.

(3) “Alternative commute mode” means any type of commute transportation other than that in which the single-occupant motor vehicle is the dominant mode, including telecommuting and compressed workweeks if they result in reducing commute trips.

(4) “Alternative work schedules” mean programs such as compressed workweeks that eliminate work trips for affected employees.

(5) “Base year” means the period from January 1, 1992, through December 31, 1992, on which goals for vehicle miles traveled (VMT) per employee and proportion of single-occupant vehicle (SOV) trips shall be based.

(6) “City” means the city of Kirkland.

(7) “Commute trips” means trips made from a worker’s home to a worksite with a regularly scheduled arrival time of six a.m. to nine a.m. (inclusive) on weekdays.

(8) “CTR plan” means the city’s plan as set forth in this chapter to regulate and administer the CTR programs of affected employers within its jurisdiction.

(9) “CTR program” means an employer’s strategies to reduce affected employees’ SOV use and VMT per employee.

(10) “CTR zone” means an area, such as a census tract or combination of census tracts, within Kirkland characterized by similar employment density, population density, level of transit service, parking availability, access to high-occupancy vehicle facilities, and other factors that are determined to affect the level of SOV commuting.

(11) “Compressed workweek” means an alternative work schedule, in accordance with employer policy, that regularly allows a full-time employee to eliminate at least one workday every two weeks by working longer hours during the remaining days, resulting in fewer commute trips by the employee. This definition is primarily intended to include weekly and biweekly arrangements, the most typical being four ten-hour days or eighty hours in nine days, but may also include other arrangements. Compressed workweeks are understood to be an ongoing arrangement.

(12) “Dominant mode” means the mode of travel used for the greatest distance of a commute trip.

(13) “Employee” means any person who receives financial or other remuneration in exchange for work provided to an employer, including owners or partners of the employer, provided however, an independent contractor shall not constitute an employee.

(14) “Employer” means a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district or other individual or entity, whether public, nonprofit, or private, that employs workers.

(15) “Flex-time” is an employer policy allowing individual employees some flexibility in choosing the time, but not the number, of their working hours to facilitate the use of alternative modes.

(16) “Full-time employee” means a person other than an independent contractor, scheduled to be employed on a continuous basis for fifty-two weeks per year for an average of at least thirty-five hours per week.

(17) “Good faith effort” means that an employer has met the minimum requirements identified in RCW 70.94.531 and this chapter and is working collaboratively with the city to continue its existing CTR program or is developing and implementing program modifications likely to result in improvements to its CTR program over an agreed-upon length of time.

(18) “Implementation” means active pursuit by an employer of the CTR goals of RCW 70.94.521 through 70.94.551 and this chapter as evidenced by appointment of a transportation coordinator, distribution of information to employees regarding alternatives to SOV commuting, and commencement of other measures according to their CTR program and schedule.

(19) “Mode” means the type of transportation used by employees, such as single-occupant motor vehicle, rideshare vehicle (carpool, vanpool), transit, ferry, bicycle and walking.

(20) “Peak period” means the hours from six a.m. to nine a.m. (inclusive), Monday through Friday, except legal holidays.

(21) “Peak period trip” means any employee trip that delivers the employee to begin his or her regular workday between six a.m. and nine a.m. (inclusive), Monday through Friday, except legal holidays.

(22) “Proportion of single-occupant vehicle trips” or “SOV rate” means the number of commute trips over a set period made by affected employees in SOVs divided by the number of affected employees working during that period.

(23) “Single-occupant vehicle (SOV)” means a motor vehicle occupied by one employee for commute purposes, including a motorcycle.

(24) “Single-occupant vehicle (SOV) trips” means trips made by affected employees in SOVs.

(25) “Single worksite” means a building or group of buildings on physically contiguous parcels of land or on parcels separated solely by private or public roadways or rights-of-way occupied by one or more affected employers.

(26) “Telecommuting” means the use of telephones, computers, or other similar technology to permit an employee to work from home, eliminating a commute trip, or to work from a work place closer to home, reducing the distance traveled in a commute trip by at least half.

(27) “Transportation management association (TMA)” means a group of employers or an association representing a group of employers in a defined geographic area. A TMA may represent employers within specific city limits, or may have a sphere of influence that extends beyond city limits.

(28) “Vehicle miles traveled (VMT) per employee” means the sum of the individual vehicle commute trip lengths in miles made by affected employees over a set period divided by the number of affected employees during that period.

(29) “Waiver” means an exemption from CTR program requirements granted to an employer by the city based on unique conditions that apply to the employer or employment site. A waiver may be partial or total exemption from CTR program requirements.

(30) “Week” means a seven-day calendar period, starting on Monday and continuing through Sunday.

(31) “Weekday” means any day of the week except Saturday or Sunday. (Ord. 3694 § 1, 1999: Ord. 3352 § 1 (part), 1993)

7.06.020 Commute trip reduction goals.

Affected employers which have been participating in the CTR program since its inception are to achieve the following reductions in vehicle miles traveled per employee as well as in the proportion of single-occupant vehicles from the 1992 base year value of Kirkland’s CTR zone or from the worksite’s own base year values:

(a) Fifteen percent by January 1, 1995;

(b) Twenty percent by January 1, 1997;

(c) Twenty-five percent by January 1, 1999;

(d) Thirty-five percent by January 1, 2005. (Ord. 3694 § 2, 1999: Ord. 3352 § 1 (part), 1993)

7.06.030 Designation of CTR zone and base year values.

(a) Employers in the city fall within the East King County CTR zone designated by the boundaries shown on Map 7.06.030 attached to the ordinance codified in this chapter and incorporated by reference herein.

(b) The base year value of this zone for proportion of SOV trips shall be eighty-five percent or the worksite’s own base year values. The base year value for vehicle miles traveled (VMT) per employee shall be set at 9.3 miles. Commute trip reduction goals for major employers shall be calculated from these values. Therefore, affected employers in the city of Kirkland shall establish programs designed to result in SOV rates of not more than 72 percent in 1995 or by the first goal measurement, 68 percent in 1997 or the second goal measurement, 64 percent in 1999 or by the third goal measurement and 55 percent in 2005 or by the fourth goal measurement. In addition, the programs shall be designed to result in VMT per employee of not more than 7.9 miles in 1995 or by the first goal measurement, 7.4 miles in 1997 or by the second goal measurement, 7.0 miles in 1999 or by the third goal measurement, and 6.0 miles in 2005 or by the fourth goal measurement. (Ord. 3694 § 3, 1999: Ord. 3352 § 1 (part), 1993)

7.06.040 City of Kirkland CTR plan.

The city council hereby approves and adopts the 1999 city of Kirkland CTR plan in the form in which it is on file in the city clerk’s office. This plan may be amended by further action of the city council. (Ord. 3694 § 4, 1999: Ord. 3352 § 1 (part), 1993)

7.06.050 Responsible agency.

The city public works department shall be responsible for implementing this chapter, the CTR plan and the city’s CTR program for its own employees. The city public works director shall have the authority to issue such rules and administrative procedures and delegate authority to other city departments as may be necessary to implement this chapter. (Ord. 3694 § 5, 1999: Ord. 3352 § 1 (part), 1993)

7.06.060 Applicability.

The provisions of this chapter shall apply to any affected employer at any single worksite within the corporate limits of the city. Employees will only be counted at their primary worksite. The following classifications of employees are excluded from the counts of employees: (1) seasonal agricultural employees, including seasonal employees of processors of agricultural products; and (2) employees of construction worksites when the expected duration of the construction is less than two years.

(a) Notification of Applicability.

(1) In addition to Kirkland’s established public notification for adoption of an ordinance, a notice of availability of a summary of this chapter, a notice of the requirements and criteria for affected employers to comply with this chapter, and subsequent revisions shall be published at least once in a newspaper of general circulation in Kirkland within thirty days after adoption of this chapter or revisions.

(2) Within thirty days after adoption of this chapter, the city public works director will issue to known affected employers located in Kirkland a formal written notification by certified mail that they are subject to this chapter.

(3) Affected employers that do not receive notice within thirty days of adoption of this chapter must identify themselves to the city public works director within one hundred eighty days of the adoption of this chapter. Upon identifying themselves within said one hundred eighty-day period, such employers will be granted one hundred fifty days from the date of self-identification within which to develop and submit a CTR program.

(4) Any existing employer of seventy-five or more persons who obtains a business license in the city, subsequent to adoption of this chapter, will be required to complete an employer assessment form. The employer assessment form will be used to assist the city public works director to determine whether or not an employer will be deemed affected or non-affected in accordance with the provisions of this chapter.

(b) New Affected Employers. Employers that fall within definition of “affected employer” must identify themselves to the city public works director within one hundred eighty days of either moving into the boundaries of Kirkland or growing in employment at a worksite to one hundred or more affected employees. Once they identify themselves, such employers shall submit a complete baseline survey within ninety days and they shall be granted a total of one hundred fifty days to develop and submit a CTR program. A new affected employer may use its baseline survey as a baseline measurement for commute trip reduction goals only if the survey response rate was at least seventy percent.

New affected employers shall have two years to meet the first CTR goal of a fifteen percent reduction from the base year values identified in Section 7.06.030 of this chapter; four years to meet the second goal of a twenty percent reduction; six years to meet the third goal of a twenty-five percent reduction; and twelve years to meet the fourth goal of a thirty-five percent reduction from the time they begin their program.

(c) Change in Status as an Affected Employer. Any of the following changes in an employer’s status will change the employer’s CTR program requirements:

(1) If an affected employer can document that it faces an extraordinary circumstance that will change its status as an affected employer, it may apply for a full or partial exemption from CTR program requirements pursuant to Section 7.06.100 of this chapter.

(2) If an employer initially designated as an affected employer no longer employs one hundred or more affected employees and has not employed one hundred or more affected employees for the past twelve months, that employer is no longer an affected employer. It is the responsibility of the employer to provide documentation to the city public works director that it is no longer an affected employer. The city public works director shall review such documentation to determine whether the employer is no longer an affected employer.

(3) If the same employer returns to the level of one hundred or more affected employees twelve or more months after its change in status to an “unaffected” employer, that employer shall be treated as a new affected employer, and will be subject to the same CTR program requirements as other new affected employers. (Ord. 3694 § 6, 1999: Ord. 3352 § 1 (part), 1993)

7.06.070 Requirements for employers.

An affected employer is required to make a good faith effort, as defined in RCW 70.94.534(2) and this chapter, to develop and implement a CTR program that will encourage its employees to reduce VMT per employee and SOV commute trips. The CTR program must include the mandatory elements described below, including submittal of a CTR program description and annual progress report. Transportation management associations may submit CTR program descriptions and annual reports on behalf of employers; however, each affected employer shall remain accountable for the compliance of its CTR program.

(a) Description of Employer’s CTR Program. Each affected employer is required to submit a description of its CTR program to the city on an official form available from the public works department. At a minimum, the employer’s description must include:

(1) General description of each employment site location within the city limits, including transportation characteristics, surrounding services, and unique conditions experienced by the employer or its employees;

(2) Number of employees affected by the CTR program;

(3) Documentation of compliance with the mandatory CTR program elements (as described in subsection (b) of this section);

(4) Description of the additional elements included in the CTR program; and

(5) Schedule of implementation, assignment of responsibilities, and commitment to provide appropriate resources to carry out the CTR program.

(b) Mandatory Program Elements. Each employer’s CTR program shall include the following mandatory elements:

(1) Transportation Coordinator. The employer shall designate a transportation coordinator to administer the CTR program. The coordinator’s and/or designee’s name, location, and telephone number must be displayed prominently at each affected worksite. The coordinator shall oversee all elements of the employer’s CTR program and act as liaison between the employer and the city. An affected employer with multiple sites may have one transportation coordinator for all sites.

(2) Information Distribution. The employer shall provide information about alternatives to SOV commuting to employees at least once a year. This shall consist of, at a minimum, a summary of the employer’s program, including the transportation coordinator’s name and phone number. Employers must also provide a summary of their program to all new employees at the time of hire. Each employer’s program description and annual report must describe what information is to be distributed by the employer and the method of distribution.

(3) Annual Progress Report. The employer’s CTR program must include an annual review of employee commuting and of progress toward meeting the SOV reduction goals. Affected employers shall file a progress report annually with the city. The employer shall contact the city’s public works department for the format of the report. Survey information or alternative information approved by the public works director shall be provided in the reports submitted in the second, fourth, sixth, eighth, tenth and twelfth years after program implementation begins.

(4) Additional Program Elements. In addition to the specific program elements described above, the employer’s CTR program shall include a set of measures designed to meet CTR goals, as described in the city’s administrative procedures.

Affected employers shall be required to select at least two measures from the following List A and at least one measure from the following List B:

CTR Program Measures List A:
1.	Promotional events;
2.	Transportation fairs;
3.	Commuter information center;
4.	Ridematching services;
5.	Bicycle training program;
6.	Preferential parking for carpools and vanpools;
7.	Guaranteed ride home program;
8.	Compressed workweek;
9.	Alternative work schedules;
10.	Telecommuting programs.

CTR Program Measures List B:
1.	Secure bicycle parking facilities, lockers, changing areas, and showers;
2.	Pedestrian facilities or improvements;
3.	Signage for residential parking zone;
4.	Reduction of SOV parking supply;
5.	Discounted HOV parking price;
6.	Increase or institution of SOV parking price;
7.	Transportation allowance/voucher;
8.	Transportation subsidy or discount;
9.	Rideshare bonuses;
10.	Carpool subsidy;
11.	Carpool fuel incentives;
12.	Vanpool sponsorship and subsidies;
13.	Fleetpool;
14.	Vanpool program;
15.	On-site childcare services;
16.	Shuttle services;
17.	Alternative measures approved by the city public works director designed to facilitate the use of high-occupancy vehicles.

Specific details and additional instructions for implementation of program measures shall be described in the city’s administrative procedures. (Ord. 3694 § 7, 1999: Ord. 3352 § 1 (part), 1993)

7.06.080 Record keeping.

Affected employers shall maintain all records required by the city public works director. (Ord. 3694 § 8, 1999: Ord. 3352 § 1 (part), 1993)

7.06.090 Schedule and process for CTR reports, program review and implementation.

(a) CTR Program. Not more than six months after the adoption of this chapter, or within six months after an employer becomes subject to the provisions of this chapter, the employer shall develop a CTR program and shall submit to the city public works director a description of that program for review.

(b) CTR Annual Reporting Date. Employers will be required to submit an annual CTR report to the city public works director beginning with the first annual reporting date assigned during the initial program submittal. The annual reporting date shall be assigned by the city public works director and be no less than twelve months from the day the initial program description is submitted. Subsequent years’ reports will be due on the same date each year.

(c) Content of Annual Report. The annual progress report shall describe each of the CTR measures that were in effect for the previous year, the results of any commuter surveys undertaken during the year, and the number of employees participating in CTR programs. Survey information or alternative information approved by the city public works director must be provided in the reports submitted in the second, fourth, sixth, eighth, tenth and twelfth years after program implementation begins.

(d) Program Review. The city public works director shall notify the employer in writing indicating whether a CTR program was approved or deemed unacceptable.

(1) Initial program descriptions will be deemed acceptable if: (i) all required information on the program description form is provided, and (ii) the program description includes the following information:

(A) Name, location and telephone number of the employee transportation coordinator for each worksite;

(B) The employer’s plan for documenting regular distribution of information to employees about the employer’s CTR program at the worksite, including alternatives to driving alone to work; and

(C) The employer’s plan for implementation of additional measures designed to achieve the applicable goal. The employer must describe with particularity all implementation measures.

(2) Annual reports will be deemed acceptable if the annual report form is complete and contains information about implementation of the prior year’s program elements and proposed new program elements and implementation schedule. Annual reports must also contain a review of employee commuting and report of progress toward meeting SOV goals.

(3) The following criteria for achieving goals for VMT per employee and proportion of SOV trips shall be applied in determining requirements for employer CTR program modifications:

(A) If employer makes a good faith effort, as defined in RCW 70.94.534(2) and this chapter, and meets either or both the applicable SOV or VMT goal, the employer has satisfied the objectives of the CTR plan and will not be required to modify its CTR program.

(B) If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this chapter, but has not met or is not likely to meet the applicable SOV or VMT reduction goal, the city shall work collaboratively with the employer to make modifications to its CTR program. After agreeing on modifications, the employer shall submit a revised CTR program description to the city for approval within thirty days of reaching agreement.

(C) If an employer fails to make a good faith effort, as defined in RCW 70.94.534(2) and this chapter, and fails to meet the applicable SOV or VMT reduction goal, the city shall work collaboratively with the employer to identify modifications to the CTR program and shall direct the employer to revise its program within thirty days to incorporate the modifications. In response to the recommended modifications, the employer shall submit a revised CTR program description, including the requested modifications or equivalent measures, within thirty days of receiving written notice to revise its program. The city shall review the revisions and notify the employer of acceptance or rejection of the revised program. If a revised program is not accepted, the city will send written notice to that effect to the employer within thirty days, and if necessary, to require the employer to attend a conference with program review staff for the purpose of reaching a consensus on the required program. A final decision on the required program will be issued in writing by the city within ten working days of the conference.

(e) Implementation of Employer’s CTR Program. The employer shall implement the approved CTR program not more than one hundred eighty days after the program was first submitted to the city unless the city public works director grants an extension allowing late implementation. Implementation of programs that have been modified based on nonattainment of CTR goals must occur within thirty days following city approval of such modifications. (Ord. 3694 § 9, 1999: Ord. 3352 § 1 (part), 1993)

7.06.100 Requests for exemptions/ modification of CTR requirements.

(a) Exemptions.

(1) Worksite Exemptions. An affected employer may submit a request to the city to grant an exemption from all CTR program requirements or penalties for a particular worksite. The employer must demonstrate that it would experience undue hardship in complying with the requirements of this chapter as a result of the characteristics of its business, its workforce or its location(s). An exemption may be granted if and only if the affected employer demonstrates that it faces extraordinary circumstances, such as bankruptcy, and is unable to implement any measures that could reduce the proportion of SOV trips and VMT per employee. Exemptions may be granted by the city at any time based on written notice provided by the affected employer. The notice should clearly explain the conditions for which the affected employer is seeking an exemption from the requirements of the CTR program. The city shall review annually all employers receiving exemptions and shall determine whether the exemption will be in effect during the following program year.

(2) Employee Exemptions. Specific employees or groups of employees who are required to drive alone to work as a condition of employment may be exempted form a worksite’s CTR program. Exemptions may also be granted for employees who work variable shifts throughout the year and who do not rotate as a group to identical shifts. The city will use the criteria identified in the CTR task force guidelines to assess the validity of employee exemption requests. The city shall review annually all employee exemption requests, and shall determine wither the exemption will be in effect during the following program year.

(b) Goal Modification. An affected employer may request that the city modify its CTR program goals. Such requests shall be filed in writing at least sixty days prior to the date the worksite is required to submit its program description and annual report. The goal modification request must clearly explain why the worksite is unable to achieve the applicable goal. The worksite must also demonstrate that it has implemented all of the elements contained in its approved CTR program. The city will review and grant or deny requests for goal modification in accordance with procedures and criteria identified in the CTR task force guidelines. An employer may not request a modification of the applicable goals until one year after the city approval of its initial program description or annual report.

(c) Request Procedure. All requests for modification of CTR program goals must be made in writing to the city public works director by certified mail or delivery, return receipt.

(d) Modification of CTR Program Elements. If an employer wants to change a particular element of its CTR program during the period of time between annual reporting dates, the employer must make a written request for modification to the city public works director. The city public works director shall review and notify the employer in writing whether the request is approved or denied.

(e) Extensions. An employer may request additional time to submit a CTR program or CTR annual progress report, or to implement or modify a program. Such requests shall be made in writing to the city public works director before the due date for which the extension is being requested. Requests for extensions must be made prior to the due date anytime a program submission is going to be more than one week late. Extensions not to exceed ninety days shall be considered for reasonable causes. Employers will be limited to a total of ninety allowed extension days per year. Extensions shall not exempt an employer from any responsibility for meeting program goals. Extensions granted due to delays or difficulties with any program elements shall not be cause for discontinuing or failing to implement other program elements. An employer’s annual reporting date shall not be adjusted permanently as a result of these extensions. An employer’s annual reporting date may be extended at the discretion of the city public works director. (Ord. 3694 § 10, 1999: Ord. 3352 § 1 (part), 1993)

7.06.110 Credit for transportation demand management efforts.

(a) Credit for Programs Implemented Prior to the Base Year. Employers with successful TDM programs implemented prior to the 1992 base year may apply to the city for program credit.

(1) Employers whose VMT per employee and proportion of SOV trips satisfy the goals for one or more future goal years, and who commit in writing to continue their current level of effort, shall be exempt from the following year’s annual report.

(2) Employers applying for the program credit in their initial 1993 program description shall be considered to have met the 1995 CTR goals if their VMT per employee and proportion of SOV trips are equivalent to a twelve percent or greater reduction from the base year zone values. This three percentage point credit applies only to the 1995 CTR goals.

For the initial year, employer requests for program credit are due within three months after notification that the employer is subject to this chapter. Requests for program credit must be received by the employer’s assigned reporting dates in 1995 and 1997 for succeeding years.

Application for a program credit shall include an initial program description, written commitment on an official report form to maintain program elements, and results from a survey of employees, or equivalent information that establishes the applicant’s VMT per employee and proportion of SOV trips. The survey or equivalent information shall conform to all applicable standards established in the Director’s Rules for implementation of this chapter.

(b) Credit for Alternative Work Schedules, Telecommuting, Bicycling and Walking, by Affected Employees. When calculating the SOV and VMT rates of affected employers, the city will count commute trips eliminated through alternative work schedules, telecommuting options, bicycling and walking as 1.2 vehicle trips eliminated. This assumption applies to both the proportion of SOV trips and VMT per employee. (Ord. 3352 § 1 (part), 1993)

7.06.120 Employer peer review group.

(a) Purpose and Appointment of Representatives. The city public works director shall appoint representative(s) from affected employers to regional or subregional employer peer review groups as may be created through interlocal agreement with other jurisdictions. The specific functions of the peer review group shall be determined by the interlocal agreement.

(b) Limitations of Peer Review Group. Any peer review group shall be advisory in nature. The city shall not be bound by any comments or recommendations of any peer review group. (Ord. 3694 § 11, 1999: Ord. 3352 § 1 (part), 1993)

7.06.130 Appeals of administrative decisions.

(a) Appeal of Final Decisions. Employers may file a written appeal to the city’s hearing examiner of the city’s final decisions regarding the following actions:

(1) Rejection of an employer’s proposed program;

(2) Denial of an employer’s request for a waiver or modification of any of the requirements under this chapter or a modification of the employer’s program;

(3) Denial of credits requested under Section 7.06.110 of this chapter.

(b) Appeals filed under this section must be filed with the city within twenty days after the employer receives notice of a final decision. Timely appeals shall be heard by the city’s hearing examiner. Determinations on appeals shall be based on whether the decision being appealed was consistent with the state law. (Ord. 3352 § 1 (part), 1993)

7.06.140 Enforcement.

(a) Compliance. For purposes of this section, compliance shall mean submitting required reports and documentation at prescribed times and fully implementing all provisions in an accepted CTR program.

(b) Violations. Violation of a provision of this chapter is a civil infraction for which a monetary penalty may be imposed under this chapter. The following actions shall constitute a violation of this ordinance:

(1) Failure to implement an approved CTR program, unless the program elements that are carried out can be shown through quantifiable evidence to meet or exceed VMT and SOV goals as specified in this chapter. Failure to implement a CTR program includes but is not limited to any of the following:

(A) Failure of any affected employer to submit a complete CTR program within the deadlines specified in Section 7.06.090 of this chapter;

(B) Failure to submit required documentation for annual reports;

(C) Submission of fraudulent data.

(2) Failure to modify a CTR program found to be unacceptable by the city under Section 7.06.090 of this chapter.

(3) Failure to perform any activity required by this chapter relating to implementation of or required modification to a CTR program.

(4) Failure to make a good faith effort, as defined in RCW 70.94.534(2) and this chapter.

(c) Penalties.

(1) No affected employer with an approved CTR program which has made a good faith effort may be held liable for failure to reach the applicable SOV or VMT goal.

(2) Each day of failure by an employer to (a) implement a commute trip reduction program, or (b) modify an unacceptable commute trip reduction program, or (c) fail to perform any activity required by this chapter relating to implementation of or required modification to a CTR program shall constitute a separate violation and shall be considered a civil infraction. The penalty for a violation shall be two hundred fifty dollars per day.

(3) An employer shall not be liable for civil penalties if failure to implement an element of a CTR program was the result of an inability to reach agreement with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith. Employers having unionized employees shall be presumed to act in good faith compliance if they: (a) propose to a recognized union any provision of the employer’s CTR program that is subject to bargaining as defined by the National Labor Relations Act; and (b) advise the union of the existence of the statute and the mandates of the CTR program approved by the city and advise the union that the proposal being made is necessary for compliance with state law (RCW 70.94.531).

(4) Payment of a monetary penalty pursuant to this chapter does not relieve an affected employer of the duty to comply with the activities required by this chapter.

(5) Nothing in this chapter limits the right of the city to pursue other civil or equitable remedies it may have to obtain compliance with the activities required by this chapter.

(6) A notice of violation and imposition of monetary penalties represents a determination that a civil infraction has been committed. The determination is final unless appealed as provided in this chapter.

(7) A notice of violation and imposition of monetary penalties shall be served on the affected employer, either personally or by mailing a copy of the notice by certified mail, postage prepaid, return receipt requested to the affected employer at his/her last known address. The person who effected personal service or service by mail shall make proof of service at the time of service by a written declaration under penalty of perjury declaring the time and date and the manner in which service was made.

(d) Appeals of Penalties.

(1) An affected employer to whom a notice of violation and imposition of monetary penalties is directed may appeal the notice including the determination that a violation exists or may appeal the amount of any monetary penalty imposed to the city hearing examiner.

(2) An affected employer may appeal a notice of violation by filing a written notice of appeal with the department of public works within seven calendar days from the date of service of the notice of violation and imposition of monetary penalties.

(3) The monetary penalty for a continuing violation does not accrue during the pendency of the appeal; however, the hearing examiner may impose a daily monetary penalty from the date of service of the notice of civil infraction if he finds that the appeal is frivolous or intended solely to delay compliance.

(4) The hearing before the hearing examiner shall be conducted as follows:

(A) The office of the hearing examiner shall give notice of the hearing before the hearing examiner to the appellant at least seventeen calendar days before such hearing.

(B) The hearing examiner shall conduct a hearing on the appeal pursuant to the rules of procedure as provided by the Administrative Procedure Act, Chapter 34.05 RCW. The city and the appellant may participate as parties in the hearing and each may call witnesses. The city shall have the burden of proof by a preponderance of the evidence that a violation has occurred.

(5) The hearing examiner shall determine whether the city has proved by a preponderance of the evidence that a violation has occurred and shall affirm, vacate, suspend or modify the amount of any monetary penalty imposed by the notice of civil violation with or without written conditions.

(6) The hearing examiner shall consider the following in making his/her determination:

(a) Whether the intent of the appeal was to delay compliance; or

(b) Whether the appeal is frivolous; or

(c) Whether the appellant exercised reasonable and timely effort to comply with applicable requirements; or

(d) Any other relevant factors.

(7) The hearing examiner shall mail a copy of his decision to the appellant by certified mail, postage prepaid, return receipt requested.

(8) The decision of the hearing examiner may be reviewed for illegal, corrupt or arbitrary or capricious action in King County superior court. The petition for review must be filed within thirty calendar days of the final decision of the hearing examiner.

(9) The collection of the monetary penalty shall be as follows:

(a) The monetary penalty constitutes a personal obligation of the person to whom the civil infraction is directed. Any monetary penalty assessed must be paid to the city clerk within seven calendar days from the date of service of notice of violation and imposition of monetary penalties or, if an appeal was filed pursuant to this chapter, within seven calendar days of the hearing examiner’s decision.

(b) The city attorney, on behalf of the city, is authorized to collect the monetary penalty by use of appropriate legal remedies, the seeking or granting of which shall neither stay nor terminate accrual of additional per diem monetary penalties so long as the violation continues.

(c) In the event of failure to appear at a hearing provided herein, the hearing examiner shall assess the monetary penalty prescribed and a penalty of twenty-five dollars.

(d) In the event of a conflict between this chapter and any other city ordinance providing for a civil penalty, this chapter shall control.

(10) A person who willfully fails to pay a monetary penalty as required by provisions of this chapter may be found in civil contempt of court after notice and hearing. (Ord. 3694 § 12, 1999: Ord. 3352 § 1 (part), 1993)

Chapter 7.08
AMBULANCES*

Sections:

7.08.010 Definitions.

7.08.020 Permit and license required.

* For statutory provisions regarding the state first-aid and equipment minimum requirements for ambulances and ambulance drivers, see RCW 70.54.060.

7.08.010 Definitions.

(a) As used herein “ambulance” means and includes any motor vehicle acting as a common carrier for hire for the transportation or conveyance of the sick or injured.

(b) As used herein, “ambulance licensee” means and includes any person, firm or corporation engaged in the business of carrying or transporting any sick or injured person, for hire, by the use of an automobile or vehicle designed or adapted for such purpose.

(c) As used herein, “operating an ambulance” applies to the operation of any ambulance which:

(1) Is stationed within the city; or

(2) Is dispatched from within or without the corporate limits of Kirkland and repeatedly or customarily makes trips for hire within the city to pick up injured or sick fares; or

(3) Makes any trips into Kirkland for that purpose after occasional or repeated advertising, within Kirkland, of such service.

Provided, that the provisions of this chapter do not apply to any ambulance which shall pass through the city in the delivery of fares picked up at points beyond the limits of the city. (Ord. 962 § 1, 1965)

7.08.020 Permit and license required.

No person, firm or corporation shall operate, or cause to be operated, any ambulance in the city without first securing current, valid licenses as required by RCW Chapter 18.73. (Ord. 3040 § 5, 1987: Ord. 962 § 2, 1965)

Chapter 7.12
AMUSEMENT DEVICES

Sections:

7.12.010 Definitions.

7.12.020 License fees.

7.12.021 Thirty-day consecutive or nonconsecutive license.

7.12.025 License fees—Penalties for nonpayment.

7.12.030 License—Fees a civil debt.

7.12.040 Disposition of moneys collected.

7.12.050 Terms and rates of licenses.

7.12.060 Licensing information.

7.12.010 Definitions.

(a) “Amusement device” means any machine, table, board, or other device designed to be operated or played upon the payment by insertion or otherwise of cash or other valuable consideration and includes but is not limited to iron claw machines, cranes, shuffleboards, miniature bowling machines, pool, bumper pool or billiard tables, and other devices of like kind, including pinball machines and flipper machines except those that may now or hereafter be deemed “gambling devices” pursuant to RCW Chapter 9.46.

(b) “Cigarette vending machines” means any automatic vending machines used for the sale of cigarettes and matches and controlled by the insertion of a coin or coins. It does not include machines or devices used solely for the vending of service, food or confections.

(c) “Distributor” means any person, firm or corporation who leases, rents to, or places with others for operation, any amusement device, record player or vending machine as herein defined.

(d) “Juke box” or “record player” means any machine or instrument designed to be operated or played upon the payment by insertion or otherwise of cash or other valuable consideration and used for the reproduction of music, and shall include all other devices of like kind, nature or purpose and apply wherever the public makes the selection of music to be played.

(e) “Operator” means any person, firm or corporation who possesses or exhibits for use, play or operation any amusement device, vending machine or record player not owned by such person, firm or corporation.

(f) “Owner and operator” means any person, firm or corporation who possesses or exhibits for use, play or operation any amusement device, vending machine or record player owned by such person, firm or corporation. (Ord. 2550 § 1, 1980; Ord. 2138 § 1, 1980; Ord. 765 §§ 1 — 6, 1959)

7.12.020 License fees.

(a) Amusement Devices. Any distributor, owner or operator of an amusement device shall pay a license fee of fifty dollars per machine per year, payable annually in advance to the director of finance.

(b) Every distributor, owner or operator of cigarette vending machines doing business as such within the city shall pay an annual license fee in the sum of fifty dollars for a master license payable annually in advance to the director of finance. Also, any distributor, owner, operator or user of such cigarette vending machines shall pay an additional sum of ten dollars per machine per year, payable annually in advance to the director of finance.

It is further required that each cigarette vending machine in the city shall be equipped with an electric lock or device to be operated by the owner and/or employees only.

(c) Juke Box or Record Player.

(1) Every “distributor” (as defined in Section 7.12.010(c)) shall pay to the city an annual master license fee of one hundred dollars per year payable in advance;

(2) Every “operator” (as defined in Section 7.12.010(e)) shall pay to the city an annual machine license fee of twenty-five dollars per machine per year payable in advance;

(3) Every “owner and operator” (as defined in Section 7.12.010(f)) shall pay to the city an annual machine license fee of twenty-five dollars per year, in advance. (Ord. 3723 § 1, 1999; Ord. 3573 § 53, 1997; Ord. 2648 § 1, 1982: Ord. 2586 § 1, 1981: Ord. 2058 § 1, 1969: Ord. 776 § 1, 1959: Ord. 765 § 7, 1959)

7.12.021 Thirty-day consecutive or nonconsecutive license.

Any person required to obtain an annual license pursuant to Section 7.12.020 and who is also subject to the provisions of Section 7.22.010 may obtain, in lieu of the Section 7.12.020 annual license, a thirty-day consecutive or nonconsecutive license. The fee for such thirty-day license shall be twenty-five percent of the applicable annual license fee. (Ord. 2659 § 3, 1982)

7.12.025 License fees—Penalties for nonpayment.

It is unlawful to fail to timely pay any license fee required by application of this chapter, and such failure is subject to the penalties as set forth in Chapter 1.04 of this code. For purposes of this section, each calendar month, or portion thereof, in which a license fee is not paid, when it is otherwise required, is deemed a separate offense. (Ord. 2550 § 2, 1980)

7.12.030 License—Fees a civil debt.

(a) The license fees provided herein shall be civil debt to the city owed by the person liable under the provisions of this chapter and may be enforced by civil action in addition to the other remedies provided herein.

(b) In the event the city is successful in proceeding under this section, then the city is entitled to recover from the responsible person such additional amounts as are necessary to reimburse the city for identifiable costs of collection, including attorney’s fees. (Ord. 2550 § 3, 1980: Ord. 765 § 15, 1959)

7.12.040 Disposition of moneys collected.

All moneys derived from the enforcement of this chapter shall be placed in the current expense fund of the city. (Ord. 765 § 18, 1959)

7.12.050 Terms and rates of licenses.

The first licenses to be issued hereunder shall be for the period July 1, 1959, to December 31, 1959, and thereafter shall be issued for a period of one year. The first licenses issued herein for the last half of 1959 shall be at a pro rata charge of fifty percent of the fees stated herein but thereafter, each year or portion thereof shall be at the full rate as provided under the terms of this chapter. (Ord. 765 § 21, 1959)

7.12.060 Licensing information.

Licensing information shall be supplied by the applicant in accordance with Sections 7.20.030 and 7.20.040 of this title, and the license shall be issued upon compliance with requirements set forth in Sections 7.20.030 and 7.20.040 of this title, and payment of the above noted license fees. (Ord. 2138 § 3, 1970)

Chapter 7.16
AUCTIONS AND AUCTIONEERS*

Sections:

7.16.010 Closing out sale license required.

7.16.020 Definitions.

7.16.030 Inventory—Contents—False statements unlawful.

7.16.040 License—Term—Fees.

7.16.050 Inspection of premises.

7.16.060 Exceptions to Sections 7.16.010 through 7.16.050.

7.16.070 License—Exemptions.

7.16.080 Auction—Sale of personal property—Auctioneer’s license required.

7.16.090 Auctioneer’s license—Revocation—Fee.

7.16.100 Auctioneer’s license—Bond required.

7.16.110 Conducting auction at other than stated place—Special permit required.

7.16.120 Exceptions to Sections 7.16.080 through 7.16.110.

* For the statutory provisions regarding the keeping of records by auctioneers and the regulation of auctions of jewelry and appliances, see RCW Chapters 18.11 and 18.12 respectively.

7.16.010 Closing out sale license required.

It is unlawful for any person to advertise or conduct any auction, sales of distressed goods, removal or closing out sale without first filing with the city clerk the inventory hereinafter provided for and obtaining from him a license for such sale or auction, to be known as a “closing out sale license.” (Ord. 678 § 1, 1955)

7.16.020 Definitions.

(a) “Closing out sale,” as used in Sections 7.16.010 through 7.16.070, means a sale advertised, represented or held out as such, arising from a future, actual or contemplated cessation of business, providing, however, that the closing out of a line or type of merchandise not resulting in a cessation of the entire business shall not be deemed a closing out sale.

(b) “Distressed goods, wares or merchandise,” as used in Sections 7.16.010 through 7.16.070, includes all goods, wares and merchandise advertised as an insurance, bankruptcy, mortgage, insolvent, assignee’s, executor’s, administrator’s, receiver’s, or trustee’s sale of goods, wares and merchandise, or a sale or goods, wares and merchandise advertised as damaged by fire, smoke, water or otherwise, or a sale of goods, wares and merchandise advertised as obtained by, through, as the result of, or by reason of any of the above-named situations or contingencies.

(c) “Removal sale,” as used in Sections 7.16.010 through 7.16.070, means a sale, advertised, represented, or held out as such, arising from a future, actual, or contemplated moving of a business from its present location to a new location, whether the new location is in the city of Kirkland or elsewhere. (Ord. 678 § 2, 1955)

7.16.030 Inventory—Contents—False statements unlawful.

The inventory required for securing the license herein provided for shall contain a complete and accurate list of the stock of goods, wares and merchandise to be sold at any sale for which a license is hereby required, together with the wholesale price thereof; which inventory or list shall be signed by the person seeking the license, or by a resident agent thereunto authorized, and by affidavit at the foot thereof, the applicant or his agent shall swear or affirm that the information therein given is full and true and known by him to be so. It is unlawful to sell, offer or expose for sale at any such sale, or to list on such inventory any goods, wares or merchandise which are not the regular stock of the store or other place, the business of which is to be closed out by such sale, or to make any replenishments or additions to such stock for the purposes of such sale or during the time thereof, or to fail, neglect or refuse to keep accurate records of the articles or things sold, from which records the director of finance may ascertain the number or the kind and quantity sold. Commingling of additional merchandise with that inventory shall cause the merchandise inventory to lose its identity as distressed goods, and any license issued shall cease to apply to the sale of such goods. If the inventoried stock shall be offered for sale on the same premises with other stock by the same person, firm or corporation, the same shall be deemed to be commingled. (Ord. 3573 § 54, 1997: Ord. 678 § 3, 1955)

7.16.040 License—Term—Fees.

All licenses issued for the sale of goods, wares or merchandise at auction, by sale of distressed goods, or removal or closing out sale, shall be valid for a period of not exceeding thirty days unless renewed as hereinafter provided. The fee for such license is fixed as follows: The sum of twenty-five dollars plus two dollars for each one thousand dollars or fraction thereof of value of inventory submitted pursuant to Sections 7.16.010 through 7.16.070. Upon expiration of the thirty-day period, the director of finance may extend such license on a daily basis upon the payment of an additional license fee of twenty-five dollars per day, which license shall continue in effect only so long as this daily license fee is paid and the licensee shall comply with the provisions of Sections 7.16.010 through 7.16.070. Auction sales shall be subject to an additional license fee of twenty-five dollars per day and shall be limited to a period of not exceeding thirty days. (Ord. 3573 § 55, 1997: Ord. 678 § 4, 1955)

7.16.050 Inspection of premises.

All premises used for such licensed sales shall be at all times open to inspection by any employee of the city required to enforce Sections 7.16.010 through 7.16.070, or by any expert or accountant designated by the chief of police in order to ascertain whether any infraction of any provision of Sections 7.16.010 through 7.16.070 has taken place, or is taking place therein. (Ord. 678 § 5, 1955)

7.16.060 Exceptions to Sections 7.16.010 through 7.16.050.

Sections 7.16.010 through 7.16.050 shall not apply to public or court officers, or to any person acting under the direction of state or federal court in the course of their official duties. (Ord. 678 § 6, 1955)

7.16.070 License—Exemptions.

The licensing provisions of Sections 7.16.010 through 7.16.050 shall not apply to any bona fide clearance sale by local merchants having suffered damage from fire or water, or by any bona fide local merchant actually engaged in a cessation or termination of his business. Such local merchants, as by this section are excluded from the licensing provision, shall, however, file the inventory as required by Sections 7.16.010 through 7.16.050. (Ord. 678 § 7, 1955)

7.16.080 Auction—Sale of personal property—Auctioneer’s license required.

No personal property including, but not by way of limitation, goods, wares or merchandise shall be sold at auction in the city, except in compliance with the provisions of Sections 7.16.090 through 7.16.120. It is unlawful to sell or cause or permit to be sold at auction any personal property in the city, unless such sale is conducted by an individual who has applied for and obtained an auctioneer’s license from the city. (Ord. 1073 § 1, 1967)

7.16.090 Auctioneer’s license—Revocation—Fee.

The issuance and revocation of auctioneer’s licenses shall be governed by Sections 7.20.030, 7.20.040 and 7.20.080 of this title. The annual license fee for an auctioneer’s license shall be one hundred dollars. The fee for a license issued for a period of less than one year shall be at the rate of twenty-five dollars per day. (Ord. 1073 § 2, 1967)

7.16.100 Auctioneer’s license—Bond required.

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