The purpose of this chapter is to provide a means for obtaining public information and compiling statistical information on existing and new business within the city, to regulate and ensure the legal conduct of businesses, and to assist in the effective administration of the health, fire, building, zoning, and other codes of the city. The provisions of this chapter shall be deemed an exercise of the power of the city to license for revenue.
(Ord. 1602 § 1, 2018)
A. 
The administration of this chapter shall be accomplished under the direction of the city administrator, as administered by the Public Services Department. The city administrator and the Public Services Department 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 city administrator, through the Public Services Department, shall have the authority to:
1. 
Collect all license fees and issue licenses in the name of the city to all persons qualified under the provisions of this chapter.
2. 
Adopt application, license, renewal, annual return, and all other necessary or convenient forms and prescribe the information to be provided.
3. 
Submit applications, when deemed appropriate, to other city officials and department heads for their endorsements thereon as to compliance by the applicant with all city regulations which the officials have the duty of enforcing.
4. 
Investigate and determine, with the input and endorsement of other city officials and department heads, 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.
5. 
Notify any applicant of the acceptance or rejection of the application.
6. 
Ensure that each license is numbered, and shows the name of the licensee, and business address.
7. 
Enforce the provisions of this chapter.
(Ord. 1739, 8/26/2025)
In construing the provisions of this chapter, except when otherwise declared, or clearly from the context a different meaning is intended, the following definitions shall be applied:
A. 
Engaging in Business.
1. 
"Engaging in business"
means commencing, conducting, or continuing in business, and also the exercise of corporate or franchise powers, as well as liquidating a business when the liquidators thereof hold themselves out to the public as conducting such business.
2. 
This section sets forth examples of activities that constitute engaging in business in the city, and establishes safe harbors for certain of those activities so that a person who meets the criteria may engage in de minimis business activities in the city without having to pay a business license fee. The activities listed in this section are illustrative only and are not intended to narrow the definition of "engaging in business" in subsection (A)(1) of this section. If an activity is not listed, whether it constitutes engaging in business in the city shall be determined by considering all the facts and circumstances and applicable law.
3. 
Without being all-inclusive, any one of the following activities conducted within the city by a person, or its employee, agent, representative, independent contractor, broker, or another acting on its behalf, constitutes engaging in business and requires a person to register and obtain a business license:
a. 
Owning, renting, leasing, maintaining, or having the right to use, or using, tangible personal property, intangible personal property, or real property permanently or temporarily located in the city.
b. 
Owning, renting, leasing, using, or maintaining an office, place of business, or other establishment, including within a personal residence or dwelling unit, in the city.
c. 
Soliciting sales.
d. 
Making repairs or providing maintenance or service to real or tangible personal property, including warranty work and property maintenance.
e. 
Providing technical assistance or service, including quality control, product inspections, warranty work, or similar services on or in connection with tangible personal property sold by the person or on its behalf.
f. 
Installing, constructing, or supervising installation or construction of real or tangible personal property.
g. 
Soliciting, negotiating, or approving franchise, license, or other similar agreements.
h. 
Collecting current or delinquent accounts.
i. 
Picking up and transporting tangible personal property, solid waste, construction debris, or excavated materials.
j. 
Providing disinfecting and pest control services, employment and labor pool services, home nursing care, janitorial services, appraising, landscape architectural services, security system services, surveying, and real estate services including the listing of homes and managing real property.
k. 
Rendering professional services such as those provided by accountants, architects, attorneys, auctioneers, consultants, engineers, professional athletes, barbers, baseball clubs and other sports organizations, chemists, psychologists, court reporters, dentists, doctors, detectives, laboratory operators, teachers, veterinarians.
l. 
Meeting with customers or potential customers, even when no sales or orders are solicited at the meetings.
m. 
Training or recruiting agents, representatives, independent contractors, brokers or others, domiciled or operating on a job in the city, acting on its behalf, or for customers or potential customers.
n. 
Investigating, resolving, or otherwise assisting in resolving customer complaints.
o. 
In-store stocking or manipulating products or goods, sold to and owned by a customer, regardless of where sale and delivery of the goods took place.
p. 
Delivering goods in vehicles owned, rented, leased, used, or maintained by the person or another acting on its behalf.
q. 
Engaging in home occupation(s).
4. 
If a person, or its employee, agent, representative, independent contractor, broker or another acting on the person's behalf, engages in no other activities in or with the city but the following, it need not register and obtain a business license:
a. 
Meeting with suppliers of goods and services as a customer.
b. 
Meeting with government representatives in their official capacity, other than those performing contracting or purchasing functions.
c. 
Attending meetings, such as board meetings, retreats, seminars, and conferences, or other meetings wherein the person does not provide training in connection with tangible personal property sold by the person or on its behalf. This provision does not apply to any board of director member or attendee engaging in business such as a member of a board of directors who attends a board meeting.
d. 
Renting tangible or intangible property as a customer when the property is not used in the city.
e. 
Attending, but not participating in, a "trade show" or "multiple vendor events." Persons participating at a trade show shall review the city's trade show or multiple vendor event ordinances.
f. 
Conducting advertising through the mail.
g. 
Soliciting sales by phone from a location outside the city.
5. 
A seller located outside the city merely delivering good into the city by means of common carrier is not required to register and obtain a business license; provided, that it engages in no other business activities in the city. Such activities do not include those in subsection (A)(4) of this section.
6. 
The city expressly intends that engaging in business include any activity sufficient to establish nexus for purposes of applying the license fee under the law and the Constitutions of the United States and the state of Washington. Nexus is presumed to continue as long as the taxpayer benefits from the activity that constituted the original nexus generated contact or subsequent contacts.
B. 
"Person"
means any individual, firm, partnership, company, corporation, association, independent contractor, receiver, consignee, trustee in bankruptcy, trust, estate, joint venture, club, joint stock company, business trust, society or any group of individuals acting as a unit.
C. 
"Employee"
means any person employed at any business location within the city and in addition includes all persons who are self-employed.
D. 
“Home occupation”
means an occupation, avocation or profession, carried out entirely or in part within a residence or dwelling unit by an occupant of such dwelling unit as an accessory use.
E. 
“Business Licensing Service” and “BLS”
mean the office within the Washington State Department of Revenue providing business licensing services to the City of Bonney Lake.
(Ord. 1602 § 1, 2018; Ord. 1739, 8/26/2025)
A. 
No person shall engage in business activity in the city without first having obtained a valid license to do so. Application for a license is made by submitting an application and city addendum form to the Business Licensing Service of the State Department of Revenue. The application shall include payment of the license fee prescribed by this chapter, and the Business Licensing Service handling fee. Every license granted under this chapter shall be posted in a conspicuous place in the place of business of the licensee. Any license issued under this chapter shall be personal and nontransferable. In case business is transacted at two or more separate places by one licensee, a separate license for each place of business shall be required. A change of place of business shall require the filing of a new application with the Business Licensing Service and, upon approval by the city of the new place of business, a new license shall be issued for the new place of business.
B. 
Notwithstanding any contrary provision, a business license under this chapter may not be issued to any person using or occupying any real property in violation of the provisions of the Bonney Lake Municipal Code, including zoning, building, and fire regulations and all amendments thereto.
C. 
Licenses granted under this chapter are nontransferable and may not be transferred to the new owner when a licensed business changes ownership.
(Ord. 1602 § 1, 2018)
A business license shall not be required for:
A. 
Any activities of a temporary nature, such as contests, circuses, shows, auctions or other business licensed under another ordinance of the city;
B. 
Any agency of the United States, the state of Washington or political subdivision thereof;
C. 
Nonprofit associations, clubs, or corporations maintained for the purpose of organized sports, charity, public school-related activities, or municipal-related activities, including police or fire department reserve organizations;
D. 
Vendors not otherwise engaged in business in the city who rent a booth or space, or are otherwise a participant, at a city-sanctioned or sponsored event such as Bonney Lake Days;
E. 
Minors doing business or operating a business concern where no other person is employed by the minor, such as babysitting or lawn mowing;
F. 
Individual real estate agents; provided, that the brokerage has a business license;
G. 
Any person or business whose annual value of products, gross proceeds of sales, or gross income of the business in the city is equal to or less than the amount set forth below and who does not maintain a place of business within the city shall be exempt from the general business license requirements in this chapter. The exemption does not apply to regulatory license requirements or activities that require a specialized permit.
1. 
Exemption Amount. The gross proceeds or gross income of a business for the purposes of this subsection G shall be no greater than $2,000 through December 31, 2025. Beginning January 1, 2026, gross proceeds or gross income of a business for the purposes of this subsection G shall be no greater than $10,000.
2. 
The business license fee shall not be refundable in the event a business licensed pursuant to this chapter unexpectedly earns less than the $10,000 applicable minimum threshold in this section.
(Ord. 1602 § 1, 2018; Ord. 1739, 8/26/2025)
Home occupations are subject to the following licensing requirements and restrictions:
A. 
The on-premises retail sale of goods not produced, processed or fabricated in the residence or dwelling unit is prohibited, except for the following sales:
1. 
Internet, telephone, or mail order sales with off-site delivery; and
2. 
Nonprofit organizations sponsoring fundraising sales.
B. 
Home occupations involving the following activities shall be prohibited in residential zones:
1. 
Auto, watercraft, aircraft and heavy equipment engine repair over 10 horsepower;
2. 
Auto, watercraft, aircraft and heavy equipment body work or painting;
3. 
Parking or storage of heavy equipment;
4. 
Storage of building materials such as lumber, plasterboard, pipe, paint, or other materials for use off-site; and
5. 
Fabrication or repairing of items that cannot be physically carried by an average-sized person.
C. 
Home occupations may not be advertised via signage or displays at the premises, except as permitted in BLMC § 15.28.070.
D. 
No materials, products or equipment may be stored outside a building or other structure on the premises.
E. 
No structural alteration may be made which is not customary in residential buildings.
F. 
No offensive noise, smoke, dust, vibrations, heat, humidity, glare or other objectionable matter may be produced at the premises. Home occupations must not be visible or audible from any point of the property line of the premises within which the home occupation is being conducted.
G. 
Home occupations may not create a public nuisance or otherwise be inconsistent with or in violation of any provision of the Bonney Lake Municipal Code, including but not limited to zoning requirements and restrictions set forth in Title 18 BLMC.
H. 
No more than 25 percent of the total gross floor area of the dwelling unit, as defined in Chapter 18.04 BLMC, or 500 square feet of floor area, whichever is less, may be devoted to said home occupation.
I. 
Only persons who reside in the dwelling unit may be physically employed at the dwelling unit. Employees who do not reside in the dwelling unit shall not conduct any business activity at the dwelling unit or premises, including but not limited to exchanging personal vehicles for business vehicles, business meetings, picking up supplies, materials, or items for delivery or delivery of the same to the home occupation.
(Ord. 1739, 8/26/2025)
A. 
Every person required to have a business license under this chapter must submit a business license application to the Public Services Department. The application must include all information required for each license requested and full fees due, as set forth in Sections 5.08.050 and 5.08.060 (as applicable). These fees cover license application processing and are nonrefundable in the event the application is denied.
The Business Licensing Service will ensure the application is complete before transmitting the information and appropriate fees to the city for review prior to issuance of a license.
B. 
The application must include the address of the business, the name and address of the owner, an emergency notification name and phone number, the nature of business conducted, the number of employees, and other information as may be requested by the Public Services Department or the Business Licensing Service to complete the processing of the application.
C. 
By applying for a city business license or renewal of a city business license, an applicant represents that they either meet the qualifications of applicants as set forth in section or have submitted additional information explaining any extenuating circumstances related to the applicant's failure to meet any such qualifications for the city administrator and Public Services Department to consider when determining whether to grant the applicant's license pursuant to this section.
D. 
The city, upon receipt of an applicant's information, shall cause an investigation and review of the application to be made by the proper city officials and employees, and shall approve or deny issuance of the license within 30 days thereafter; provided, this timeline may be extended in the event the applicant submits additional information to the city to consider pursuant to subsection H of this section.
E. 
The application shall be denied if the proposed use of premises would 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.
F. 
The city may deny issuance, or renewal, of a business license when the business itself or the licensee, officer or partner thereof, or another person with a legal interest in the license:
1. 
Has obtained a license or permit related to the business by fraud, misrepresentation, concealment, or through inadvertence or mistake;
2. 
Has knowingly caused, aided, abetted, or conspired with another to cause any person to violate any of the laws or regulations of the state or the city which may affect or relate to the proposed business, except for federal statutes, rules and regulations relating to cannabis that are in conflict with state law, as long as the business has a current state cannabis license;
3. 
Has been convicted of, forfeited bond upon, or pleaded guilty to any offenses related to the operation of the proposed business;
4. 
Has had a license revoked or suspended by the city or another jurisdiction; provided, this section shall not apply if the license that was suspended or revoked was reinstated on appeal or because applicant engaged in corrective action;
5. 
Has made a misrepresentation or failed to disclose a material fact to the city related to any of the obligations set forth in this chapter;
6. 
Is indebted or obligated to the city for past due fees or taxes related to the business exceeding four months; provided, that if business is working with the city in good faith to address the issue to the city's satisfaction, the nonpayment of any taxes or fees will not be used as grounds to deny the business license; or
7. 
Has violated any building, zoning, 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.
G. 
If an application is denied by the city, the reason for denial shall be given and the applicant may appeal the decision as provided in this chapter.
H. 
An applicant who does not meet or who is unsure whether they meet the qualifications set forth in this section may submit additional information explaining any extenuating circumstances related to applicant's failure to meet any such qualifications for the city to consider when determining whether to grant the applicant's license. The information must be submitted to the Public Services Department in writing prior to or contemporaneously with applicant's submission of a business license application to the Business Licensing Service. The city may require the person to submit additional background information or may request to meet with the applicant to discuss further. The city will take the information provided by applicant into account when making the decision whether to approve or deny applicant's license.
I. 
The granting of a business license under this chapter shall not authorize any person to engage in any activity prohibited by federal, state or local law or regulation.
(Ord. 1739, 8/26/2025)
A. 
The fee for the license required by this chapter shall be set by the city council. Each annual license fee herein provided for shall become due and payable on the date established by the Business Licensing Service. The annual license fee amount may be prorated to accommodate setting an expiration date for a license that matches the expiration date established for the business by the Business Licensing Service.
B. 
Each city license issued shall have a term as determined by the State of Washington Department of Revenue in cooperation with the city. The city license term or expiration date will be coordinated with the terms or expiration date of all other licenses or permits required by the state for each business.
C. 
There shall be no fee for the license required by this chapter for any home occupation business located within city limits whose annual value of products, gross proceeds of sales, or gross income of the business in the city is equal to or less than $10,000.
(Ord. 1602 § 1, 2018; Ord. 1675 § 4, 2023; Ord. 1694 § 1, 2023; Ord. 1674 § 4, 2023)
A. 
The license fee levied under this chapter shall be additional to any license fee or tax imposed or levied under the law or any ordinance of the city.
B. 
Alarm Business License Endorsement.
1. 
For purposes of this section, "alarm business" means any business engaged in the selling, leasing, installing of or responding to security alarms, as defined in Chapter 8.48 BLMC. Alarm businesses also include any person, business or organization that monitors security alarm systems and initiates alarm dispatch requests, including units or divisions of larger businesses or organizations that provide proprietary security alarm monitoring services only to affiliates of the parent business or organization.
2. 
All alarm businesses engaged in the business of selling, leasing, installing, responding to, or monitoring security alarms to individuals and businesses within the city of Bonney Lake shall obtain an alarm business license endorsement from the city, regardless of whether they are otherwise required to have a city business license.
3. 
Alarm businesses must complete the license endorsement application form available from the city's finance department and pay an annual license fee in the amount set by the city council for every alarm site within the city of Bonney Lake. Failure to pay the annual license fee within 30 days of notification shall result in a late fee as set by the city council. Upon applying for a license endorsement, and prior to each annual renewal, the alarm business shall provide the city with a list of current customers owning or operating alarm systems within the city limits.
4. 
No alarm business shall presume, anticipate, or expect that emergency response will result solely from the activation of any security alarm system sold, leased, installed, or monitored by an alarm business that lacks an endorsement from the city.
5. 
Alarm businesses shall not market, sell, install, or monitor alarm systems that fail to comply with all requirements of Chapter 8.48 BLMC.
6. 
Alarm businesses shall cooperate fully with the alarm administrator in enforcing the provisions of the city's false alarm ordinance, Chapter 8.48 BLMC. Cooperation shall include, but not be limited to, answering the alarm administrator's requests for customer lists, alarm call data, the identity of each alarm business's alarm response manager, and other information in a prompt manner; facilitating the alarm administrator's efforts to issue permits to alarm systems in existence prior to the effective date of the ordinance codified in this section, and notifying the alarm administrator of new and disconnected accounts.
7. 
Failure to comply with this chapter and cooperate with the alarm administrator may constitute grounds for penalties under BLMC § 5.08.070, and/or revocation of the alarm business's endorsement. Alarm businesses shall cooperate fully with requests for specific methods of communicating dispatch requests, including use of enhanced call verification (a minimum of two telephone calls attempting to reach a responsible party prior to notification of a dispatcher).
(Ord. 1602 § 1, 2018; Ord. 1674 § 5, 2023)
A. 
The city shall have the authority to enforce the provisions of this chapter with appropriate action, including but not limited to revocation or nonrenewal of a business license issued under this chapter.
B. 
Any person engaged in business as defined in this chapter without having its business license shall be guilty of a violation of this chapter for any day during which such person is so engaged in business.
C. 
Violation of this chapter shall constitute a misdemeanor.
D. 
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. 1602 § 1, 2018; Ord. 1739, 8/26/2025)
A. 
The city may, at any time, suspend or revoke any license issued under the provisions of this chapter whenever the city has reason to believe that the business, licensee, officer or partner thereof, or another person with a legal interest in the license or business:
1. 
Has maintained or operated the business in a building, structure, equipment, or location that does not comply with the requirements or standards of the Bonney Lake Municipal Code or that conduct of the business would be in violation of any local, state or federal law, rule or regulation prohibiting the conduct of that type of business, except for federal statutes, rules and regulations relating to cannabis that are in conflict with state law, as long as the business has a current state cannabis license;
2. 
Has been convicted of, forfeits bond upon, or pleads guilty to any offenses related to the operation of the licensed business;
3. 
Desires such license to practice some illegal act or some act injurious to the public health or safety, or that the continued conduct of the business is likely to result in a danger to the public health or safety;
4. 
Has maintained or permitted the business to be conducted, engaged in, or operated in such manner as to constitute a public nuisance under state or local law or the licensee, or licensee's employees or agents, has engaged in, has permitted or has acquiesced in unlawful drug related activity on the business premises;
5. 
Has obtained a license or permit related to the business by fraud, misrepresentation, or concealment, or has made a misrepresentation or failed to disclose a material fact to the city related to any of the other obligations set forth in this chapter;
6. 
Is indebted or obligated to the city for past due fees or taxes related to the business exceeding four months; provided, that if business is working with the city in good faith to address the issue to the city's satisfaction, the nonpayment of any taxes or fees will not be used as grounds to revoke the business license; or
7. 
Has knowingly and repeatedly failed to report unlawful or criminal activity occurring at the business to law enforcement or has knowingly and repeatedly discouraged or prohibited employees from reporting such activity to law enforcement or allowed employees to refrain from reporting such activity to law enforcement.
a. 
A business shall not be deemed in violation of this subsection solely because its employees or owners did not personally intervene in or attempt to apprehend the perpetrator(s) of a crime in progress. However, when a business is the victim of unlawful activity, it is expected to promptly notify law enforcement and respond appropriately to lawful inquiries related to the incident. Reporting shall be deemed "prompt" under this section if the crime is reported in progress, upon discovery of the crime, or after the fact as soon as it is practicable and safe to do so.
b. 
Repeated failures to report unlawful activity, or patterns of discouraging employees from reporting, may contribute to ongoing illegal conduct and is hereby declared to constitute a public nuisance.
B. 
Return of License Upon Revocation. Whenever any license issued under this chapter is revoked, the licensee shall immediately return the license to the Public Services Department.
(Ord. 1739, 8/26/2025)
A. 
When the city determines that there is cause for denying, suspending or revoking a business license issued pursuant to this chapter, the city shall notify the applicant or person holding such license of the city's decision by personal service or by registered or certified mail, return receipt requested, to the address on file. Notice mailed to the address on file shall be deemed received three business days after mailing. The notice shall specify the grounds for the denial, suspension or revocation. The suspension or revocation shall become effective 14 calendar days from the date the notice is delivered or deemed received unless the person affected thereby files a written appeal within such 14-day period as required in this section.
B. 
Any person aggrieved by a decision of this chapter may, within 10 calendar days from the date that the denial, suspension or revocation notice was mailed, appeal such denial, suspension or revocation by filing a written notice of appeal in that form provided by the city ("petition") setting forth the grounds therefor with the city clerk. The hearing shall be conducted in accordance with the procedures for hearing contested cases set out in Chapter 2.18 BLMC. The hearing examiner shall set a date for hearing said appeal and notify the aggrieved party by mail of the time and place of the hearing. After the hearing thereon the hearing examiner shall, after appropriate findings of fact and conclusions of law, affirm, modify, or overrule the denial, suspension or revocation and reinstate the license or registration, and may impose any terms upon the continuance of the registration.
C. 
No suspension or revocation of a license or registration issued pursuant to this chapter shall take effect until 10 calendar days after the mailing or hand delivery of the notice thereof by the clerk and, if appeal is taken as herein prescribed, the suspension or revocation shall be stayed pending final action by the hearing examiner.
D. 
The decision of the hearing examiner shall be final. The appealing party and/or the city may seek review of the hearing examiner's decision by the Superior Court of Washington in and for Pierce County within 21 calendar days from the date of the decision. If review is sought as herein prescribed, a suspension or revocation shall be stayed pending final action by the Superior Court.
(Ord. 1739, 8/26/2025)
A. 
Upon revocation of any license or registration as provided in this chapter, no portion of the license fee shall be returned to the licensee.
B. 
All licenses or registrations which are suspended or revoked shall be surrendered to the City on the effective date of such suspension or revocation.
(Ord. 1739, 8/26/2025)
A. 
A business license issued pursuant to this chapter is personal to the licensee and is nontransferable. 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. A new owner intending to continue such business in the city shall apply for and obtain a new business license pursuant to the procedures established by this chapter prior to engaging in, conducting, or operating the business.
B. 
A licensee may change the location of the licensed business; provided, the city confirms the legality of the business activity at the new location. To effectuate such a change, the licensee must notify the Business Licensing Service and the Public Services Department of the change in location. The change may require application for a new license for the city to confirm the legality of the business activity at the new location. City approval must be obtained prior to commencing business at the new location.
(Ord. 1739, 8/26/2025)
Any licensee who ceases to engage in business shall so notify the city in writing. A business shall be presumed to continue in operation with the city until the city receives such notice of business activities, and enforcement proceedings may be conducted on the basis of this presumption. There shall be no pro rata refund of the business license fee upon termination of business activities.
(Ord. 1739, 8/26/2025)