Courier-herald. [volume] (Kennewick, Wash.) 1949-1950, 1949-12-17
ORDINANCE NO. sac


Kennewick, Washington
K-95-Dec. 3-10-17, 1949.
ORDINANCE NO. s3s
An Ordinance Relating to and Pro.
vidin9 for License Fee or Occupo-
tionol Tax Upon Businesses. Occupu.
tions. Pursuits. and Privileges. De.
filming Offenses and Providing Penal.
ties. and Repeal;ng Ordinances Nos.
s. III. 1856. lsl. 1872. 224. 33I. 1877
Of Ordinances In Conflict Herewith.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF KENNE-
WICK, WASH1NGTON:
Section i: The provisions Of this
ordinance shall be deemed an eXer-
else of the power of the City Of
Kennewick to license for revenue.
Section 2: For the purposes Of this
ordinance the following definitions
shall obtain:
The word Person" shall mean any
individual, receiver, agent, trustee in
bankruptcy. trust, estate, firm. CO.
partnership, joint stock company,
Joint venture, club, company, BUSH
ness trust, municipal corporation,
corporation, association, society, or
any group of individuals acting as q
unit, whether mutual, cooperative, /,
fraternal, non-profit or otherwise.
The term ''perSon engaged in
business shall mean the owner or
one .primarily beneficially interested
in any lawful business, trade or oc-
cupation, including any professional
activity or practice, for profit or pri-
waite gain. which said city may be
empowered to license for revenue, for
profit, and not employees. The use
Of pronouns herein having reference
to the masculine gender shall be
taken to mean and include also re-
ference to the feminine or neuter
gender as the case may be.
Section 3: There is hereby levied
and shall be collected an annual
license fee or occupational tax a.
gainst every person engaged In q
lawful business in the City OF Ken
newick, Washington. in the sum OF
$500 per annum for each establish.
ment, office or other place Of BUSH
ness. The license fees or taxes set
forth in this ordinance shall be for
the calendar year, and each person
engaged in business must pay the
full license either for the current
year or balance thereof during
which year or portion thereof he will
be engaged in business. Every license
issued hereunder shall expire on
December 31st, next following the
Section Z: Every person desiring to
engage in a business activity within
the City OF Kennewick, shall make
application therefor to the Clerk in
his office, upon q form to be fur.
nished by the Clerk, in which shall
be stated the residence of the appli.
cant, the nature of the business
activity or privilege in which he de-
sires to engage, the place where 1t
Is proposed to be conducted, and the
amount Of the fees prescribed by this
rendered the Clerk. II the Clerk shall
find the application in order the
applicant shall thereupon pay the
prescribed fee or tax to the Treasur.
er, who shall issue q receipt there.
for. The applicant shall then present
the application. together with the
TreaSurer'S receipt for the fee or tax
paid. to the Clerk, who shall there.
upon issue the license. Said license
shall thereafter be prominently dis
played In the permanent place Of
business Of the applicant.
Section S: The license granted in
pursuance hereof shall be personal to
the licensee and shall not be assign
able or transferable except upon
payment Of transfer fee of S1.OO to
the Clerk. Any change Of address
or trade name must be recorded with
$1.OO.
Section 81 II shall be the duty OF
the Clerk to require all persons en-
gagged In business to procure such
licenses and pay the fee therefor:
and should any person fail TO obtain
CD, ha
duty Of the Clerk to enforce collec-
ton thereof In the manner in this
ordinance provided and TO cause the
arrest Of such persons failing or re-
fusing to procure such license.
Section 2: It shall be unlawful for
any person to engage in or carry on
any business activity in the City
without first paying for and procur.
ing a license SO to do as above pro-
vided.
Section 3: Nothing In this ordinance
shall be construed as interfering
with, regulating. or taxing inter.
state or foreign commerce, nor as
regulating or taxing any person In
business against whom the right Of
taxation has already been pre-.
empted by the State of Washington,
nor as giving to any person the right
TO obstruct the streets, sidewalks, or
other public places in the City.
Section 8: Nothing in this ordin-.
ance shall be construed to require
any farmer to procure a license to
his farm.
Section 10: Bond. Any person who
has not been lawfully engaged in
business In the City of Kennewick, as
defined by this ordinance. for more
than thirty 600 days at the effec-
tive date thereof, shall deposit with
the City Clerk at the time of making
his application for the business
license required herein. either the
sum Of $4,000 written by some reli-
able and authorized surety company
conditioned that said person shall
make satisfactory and sufficient de.
livery of goods sold or received for
service thereon, and/or satisfactory
performance Of services contracted to
be performed, whether personal or
otherwise. Any person aggrieved by
the failure to furnish the contracted
goods by any such merchant or by
the poor quality of services rendered
bond for the recovery Of money or
damages or both. Such Bond shall
remain In full force and effect for
period of ninety 600 days after the
commencing Of business covered by
such license.
Section IL: II any person engaged
in business shall fail or refuse to pay
the license fee for any year as here.
in provided, he shall not be granted
a license for the current year until
such delinquent license has been paid
in addition to the current fee re-
quired. II any person engaged in
business shall fail or refuse to pay
the license fee or tax for any year
may be collected by the city by pro-
per legal action brought for the pur-
pose. This remedy is cumulative and
not exclusive.
Section IL: Any person violating
any Of the provisions of this ordi-
nance shall be punished by fine not
exceeding $4,000, or by imprison-
ment for not to exceed thirty 800
days, or both such fine and impri.
sonment. Each day of continued vic.
lation OF this ordinance shall con-
stitute separate offense hereunder.
Section l3: II any section, para
graph, or portion of this ordinance
shall for any reason be held by a
court OF competent jurisdiction to
be unconstitutional or invalid, such
ruling shall not affect the remaining
items, parts, Ior provisions Of this
ordinance. 81 i.
Section Ia: Ordinances Nos. 6, III,
lS6, 191, 1872, 224, 331, 337 and ali
other ordinances and parts of ordi.
nances in conflict herewith are here.
by repealed, provided however, all
licenses and fees required by Ordi.
nances Nos. 27S, $50, 1868, AT, 523,
5i1, and 5l9 of the CITY of Kenne