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HomeMy WebLinkAbout3086ORDINANCE NO. 3086 AN ORDINANCE of the City of Port Angeles, Washington, related to the City's business license regulations and the City's public utility tax for telecommunications businesses and amending Ordinances 2050 and 2183 as amended and Chapters 5.04 and 5.80 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. Ordinance 2050 as amended is hereby amended by amending PAMC 5.04.020, 5.04.025, 5.04.030, 5.040.40, 5.04.050, 5.04.060, 5.04.070, 5.04.080, and 5.04.090 to read as follows: 5.04.020 Scope. This Title is intended to license and regulate only those types of businesses in the City which are specifically required by this Title to obtain a business license. (Ord. 2050 Ch. 1 §2, 1/1/80) 5.04.025 Disclaimer of City Liability. Issuance of any license pursuant to this title does not constitute the creation of a duty by the City of Port Angeles to indemnify a business licensee for any wrongful acts against the public, or to guarantee the quality of goods, services, or expertise of a licensee, or to otherwise shift responsibility from the licensee to the City of Port Angeles for proper training, conduct or equipment of self or agents, even if specific regulations require standards of training, conduct or inspection. (Ord. 2835 §1; 9/16/94) 5.04.030 Definitions. The following definitions shall apply to all Chapters of this Title, unless the context of the Chapter indicates otherwise: A. "City" means the City of Port Angeles, an optional municipal code city operating under the provisions of Title 35A RCW. B. "Business lHicense" means a certificate issued by the City Clerk to a specific person, allowing the conduct of a designated and regulated business for a definite period of time at a specific location within the City in accordance with the provisions of this Title. C. "Person" means any person, firm, corporation, association, partnership, venture, society, club, association, or organization whatsoever. (Ord. 2050 Ch. 1 §3, 1/1/80) 5.04.040 Application - Issuance. A. Each applicant for a business license shall file an application with the City Clerk in writing, containing the name of the applicant, the name of the business, the type of the business or businesses for which the business license is sought, the address and location of the business, an indication of whether the business is temporary or permanent, and any other information this Title or the Clerk requires for processing the application. The applicant shall also tender the fee for issuance of the business license. B. After receipt of a completed application and the business license fee, the Clerk hall review the application and shall, except as otherwise provided, issue or deny the business -1- license within five working days after receipt of the completed application. C. Nothing in this Section or any other Section of this Title shall prevent the City Clerk or any other authorized City official from requiring from the applicant any information necessary to ascertain whether the applicant is, or will be, in compliance with all City ordinances br State laws. (Ord. 2224 §1, 8/2/82; Ord. 2050 Ch. 1 §4, 1/1/80) 5.04.050 Application - Denial - Cause. The Clerk shall deny any application for a Business license where the applicant is not in compliance with all ordinances of the City and atatutes of the State as now existing or hereafter amended. If, after investigation, the Clerk finds ;hat the applicant has been convicted of a crime of moral turpitude or other crime which relates ;o the activity for which the business license is sought or finds good reason to believe that ssuance of a business license to the applicant would be otherwise adverse to or unreasonably eopardize the health, welfare and safety of the citizens of the City of Port Angeles, the Clerk may deny such application. The Clerk shall, upon denial, inform the applicant in writing of the -eason for denial and shall cite the ordinance or statute of which the application is in violation, f applicable. (Ord. 2835 §2, 9/16/94; Ord. 2050 Ch. 1 §5, 1/1/80) 5.04.060 Denial - Applicant Right to Appeal. Any applicant denied a business license )y the City Clerk shall have a right of appeal to the City Council. The applicant shall, within ten days of mailing by the Clerk of notice of the denial, give a notice of appeal to the City Clerk, in writing. The Clerk shall place the applicant's appeal on the agenda of the next regularly scheduled City Council meeting, and forthwith inform the applicant in writing, of the date, time and location of the meeting. (Ord. 2050 Ch. 1 §5(B), 1/1/80) 5.04.070 Denial - Hearing - Council Determination. A. The City Council shall hold a public hearing at which the applicant may present estimony as to his compliance with the State statutes or City ordinances with which he is alleged not to be in conformance. B. After the close of the public hearing, the City Council shall either grant the business license, or sustain the denial. The City Council shall make findings of fact, which shall be incorporated in its minutes, as to the basis for its decision. C. Any applicant denied a business license by the City Council shall have a right to appeal to the Clallam County Superior Court. Said appeal shall be filed no later than thirty (30) days after the decision of the City Council. (Ord. 2716, §1, 10/16/92; 2050 Ch. 1 §5(C) (D), l /1/80) 5.04.080 Fee. For all businesses which require a business license, unless otherwise provided by this Title, the license fee shall be as set forth in Chapter 3.70 PAMC. (Ord. 2932 12, 10/11/96; Ord. 2050 Ch. 1 §6, 1/1/80) 5.04.090 Term. A. All business licenses, unless otherwise specifically provided, shall be for a period of one year, beginning July 1st of each year and terminating the following June 30th. The fee for a business license issued to a business starting after July 1st shall be prorated to the end of the business license period, such proration to begin on the first of the month next following issuance of the business license. -2- B. Any applicant who intends to conduct a business temporarily may apply for a temporary business license for a period of one to three months, for which the fee shall be as set forth in Chapter 3.70 PAMC. C. Upon receipt of an affidavit attesting to the loss, theft, or destruction of an otherwise valid license, such loss, theft or destruction not being due to the willful misconduct of the licensee, the Clerk shall reissue a license for the duration of the license period to said licensee ipon receipt of the fee as set forth in Chapter 3.70 PAMC. (Ord. 2932 §13, 10/11/96; Ord. 2050 Ch. 1 §7, 1/1/80) Section 2. Ordinance 2183 as amended is hereby amended by amending PAMC 5.80.030 tnd 5.80.050 to read as follows: 5.80.030 Tax Levied - Telecommunications and Telephone Business. A. From and after January 1, 19822002, there is levied upon, and there shall be collected from, every person, firm or corporation engaged in carrying on ,elecommunicationstckphone business for hire or for sale or as a service within or partly within :he corporate limits of the City a tax for the privilege of so doing business. Such tax shall be evied at a rate equal to 5.5% of the total gross operating revenues, as defined in this Section, which are derived within the City. B. For the purposes of this Section, "gross operating revenues" shall not include charges passed on to its subscribers by a telecommunicationstelephrnre company pursuant to -ariffs required by regulatory order, to compensate for the cost to the company for the tax mposed by this Chapter. Gross operating revenue shall also not include any revenues received 'room interstate tolls derived from the operations of such business within the City. C. iervieeTccllular telephone service, ol coin data, . - , - . • . • . - . - • 1 • •business includeb cooperative or farmci lime telephone . • • • • . • . • . cxchangc. Telephone business dots not include the providing of conhpetitivc tdcphonc service, nor the providiAg of cable tdevision service: For the purposes of this chapter, the following terms shall have the meanin • ascribed herein: (1) "Telecommunications business" means the business of providing telecommunications service. (2) "Telecommunications service" means the transmission for rent, sale or lease., or in exchange for other value received, of information in electronic or optical form, including, but not limited to voice, video or data, whether or not the transmission medium is owned by the provider itself. (3) "Telecommunications service" includes telephone services, paging services, personal wireless services and commercial mobile services but does not include cable service or over - the -air broadcasts to the public -at -large from facilities licensed by the Federal Communications Commission or any successor thereto. (4) "Telephone business" means the business of providing access to a local telephone network, local telephone network switching service, toll service, cellular telephone -3- services or coin telephone services, providing telephonic, video, data, or similar communications or transmission for hire, via a local telephone network, toll line or channel, cable, microwave or similar communications or transmission system. It includes cooperative or farmer line telephone companies or associations operating an exchange. It also includes personal wireless services providers and commercial mobile services providers to the extent they provide their services via a local telephone network, toll line or channel, cable, microwave or similar communications or transmission system. "Telephone business" includes interstate service, including toll service, originating from or received on telecommunications equipment or apparatus in Washington State if the ;,harge for the service is billed to a person in this state. "Telephone business" includes the provision of transmission to and from the site ;Jf an internet provider via a local telephone network, toll line or channel, cable, microwave or similar communications or transmission system. "Telephone business" does not include the providing of competitive telephone service, the providing of cable television service, or the providing of broadcast services by radio television stations, or the provision of internet service as defined in RCW 82.04.297, including the reception of dial -in connection, provided at the site of the internet service provider. (5) "Competitive telephone service" means the providing by any person of -,elecommunications equipment, or apparatus, or service, related to that equipment or apparatus uch as repair or maintenance service, if the equipment or apparatus is of a type which can be 5rovided by persons that are not subject to regulation as telephone companies under Title 80 RCW, and for which a separate charge is made. (Ord. 2755, 3/26/93; Ord. 2720 §1, 11/13/92; Ord. 2651 §1, 9/13/91; Ord. 2183 §3., 1/1/82.) i a. 11 /1J /7L, via. , via. • 5.80.050 Deductions. In computing the tax there shall be deducted from the gross operating revenues the following items: A. Effective January 1, 2002, the amounts of credit losses and uncollectibles actually sustained by the taxpayer; B.* Amounts derived from transactions in interstate or foreign commerce or from any business which the City is prohibited from taxing under the Constitutions of the United States or 1 he State of Washington; Cam- Amounts derived by the taxpayer from the City. (Ord. 2720 §2, 11/13/92; Ord. 2651 §2, 9/13/91; Ord. 2183 §5, 1/1/82.) Section 3 - Severability. If any provisions of this Ordinance or its applications to any person or circumstances is held to be invalid, the remainder of the Ordinance or application of the provisions of the Ordinance to other persons or circumstances is not affected. - 4 - Section 4 - Effective Date. This Ordinance shall take effect on January 1, 2002. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 1 Rrk day of _Time , 2001. ATTEST: PUBLISHED: June 24, 2001 By Summary APP AY•R VED AS TO FORM: Craig utson, City Attorney F: \ORDINANCES &RESOLUTIONS\2001 -14. ord.wpd Summaries of Ordinances Adopted by the Port Angeles City Council on June 18, 2001 Ordinance No. 3082 This Ordinance of the City of Port Angeles amends Ordinance 2818 as amended and the Comprehensive Plan by revising the City's planning areas to specifically designate the area east of Race Street and the Port Angeles Urban Growth Area (UGA), by amending a policy in the Commercial Goals and Policies section of the Land -Use Element to clarify the intent, by amending policies in the Transportation Element to comply with the Growth Management Act, by amending policies in the Utilities and Public Services Element to allow for City services and facilities in the UGA without annexation, by adding a new item to the Objective section of the Conservation Element to facilitate compliance with the Endangered Species Act, and by amending sections of the Transportation Element, the Utilities and Public Services Element, and the Capital Facilities Element as requested by the Nonmotorized Advisory Committee. Ordinance No. 3083 This Ordinance of the City of Port Angeles regulates telecommunications facilities within City rights -of -way, establishes fees for such facilities, and adopts Chapter 11.14 of the Port Angeles Municipal Code. Ordinance No. 3084 This Ordinance of the City of Port Angeles regulates pole attachments within the City of Port Angeles and adopts Chapter 13.14 of the Port Angeles Municipal Code. Ordinance No. 3085 This Ordinance of the City of Port Angeles establishes reasonable fees to cover the costs of the Planning Department and Public Works Department associated with wireless telecommunication towers and /or electric or telecommunications facilities and amends Ordinance 2789 as amended and Chapter 3.70 of the Port Angeles Municipal Code. Ordinance No. 3086 This Ordinance of the City of Port Angeles relates to the City's business license regulations and the City's public utility tax for telecommunications businesses and amends Ordinances 2050 and 2183 as amended and Chapters 5.04 and 5.80 of the Port Angeles Municipal Code. This Ordinance takes effect on January 1, 2002. Ordinance No. 3087 This Ordinance of the City of Port Angeles relates to construction or excavation work within rights -of -way and amends Ordinance 2166 as amended and Chapter 11.08 of the Port Angeles Municipal Code. Ordinance No. 3088 This Ordinance of the City of Port Angeles revises the City's right of way use regulations and amends Ordinance 2350 as amended and Chapter 11.12 of the Port Angeles Municipal Code. Ordinance No. 3089 This Ordinance of the City of Port Angeles regulates wireless telecommunication towers and facilities within the City, establishes definitions, standards, and criteria for such facilities, amends Ordinance 1709 as amended, and amends Chapter 17.08 and adopts Chapter 17.52 of the Port Angeles Municipal Code. Ordinance No. 3090 This Ordinance of the City of Port Angeles grants the Public Utility District No. 1 of Clallam County, Washington, the non - exclusive right, privilege, authority, and franchise to own, operate and maintain facilities on any street in the City for the sole purpose of transmission and distribution of electric energy and repeals Ordinance No. 1200. This franchise shall take effect five days after publication by summary, subject to acceptance by the District in accordance with the provisions of the franchise. The full texts of the Ordinances are available at City Hall in the City Clerk's office or will be mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. Unless otherwise stated above, these Ordinances shall take effect five days after publication of these summaries. Becky J. Upton City Clerk Publish: June 24, 2001