The city council finds that in order for the city of Langley 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 and regulation 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 regulated on a current basis through establishment of a license fee supported program for the licensing and registration of such activities.
(Ord. 745, 1997; Ord. 977 § 1, 2012; Ord. 1015 § 1, 2015; Ord. 1029 § 1, 2016)
The provisions of this chapter shall be deemed an exercise of the power of the city to license for regulation and for revenue.
(Ord. 938, 2010; Ord. 977 § 1, 2012; Ord. 1015 § 1, 2015; Ord. 1029 § 1, 2016)
The term "business" includes all services and activities engaged in for a consideration or with the object of pecuniary gain, benefit or advantage to the person, or to another person or class directly or indirectly, whether part-time or full-time.
Engaging in Business.
1. 
The term "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 (1) of this definition. 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 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.
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 directors 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 goods 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 (4) of this definition.
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-generating contact or subsequent contacts.
"Nonprofit corporation"
means a corporation not for profit, subject to the provisions of Title 24 of the Revised Code of Washington.
The term "person" includes one or more persons of either sex; corporations, including not-for-profit corporations and municipal corporations, partnerships, including limited partnerships; associations, joint ventures or any other entity capable of having an action at law brought against such entity; but excluding employees.
(Ord. 745, 1997; Ord. 977 § 1, 2012; Ord. 1015 § 1, 2015; Ord. 1029 § 1, 2016; Ord. 1048 § 1, 2018)
It is unlawful for any person to engage in any business as provided in this chapter within the city limits without first having registered with and obtained a business license from the city of Langley. If more than one business is conducted by a person, a separate registration and license shall be required for each separate business conducted, operated, engaged in or practiced. If one business is conducted at more than one premises in the city, only one registration and license shall be required. Businesses located outside the city which report any sales tax activity within the city of Langley location code (1502) shall be required to obtain a city license and pay an outside city business license fee.
(Ord. 745, 1997; Ord. 938, 2010; Ord. 977 § 1, 2012; Ord. 1015 § 1, 2015; Ord. 1029 § 1, 2016)
To the extent set forth in this section, the following persons and/or businesses shall be partially exempt from either the registration, license and/or license fee requirements of this chapter:
A. 
Public benefit nonprofit corporations which hold a current IRS 501(c)(3) exemption certificate issued by the Internal Revenue Service shall, upon filing a copy of same with the city, shall be exempt from the license fee requirements of this chapter; provided, however, that such organization shall file the required application form with the city for information purposes.
B. 
Nonprofit activities carried on by religious or social organizations shall be exempt from the license and license fee requirements of this chapter; provided, however, that such organization shall file the required application form with the city for information purposes.
C. 
Any instrumentality of the United States, state of Washington, or political subdivision or governmental agencies shall be exempt from the license and license fee requirements of this chapter; provided, however, that such organization shall file the required application form with the city for information purposes.
D. 
Gardeners selling their own unprocessed farm products raised or grown exclusively upon lands occupied by them shall be exempt from the requirements of this chapter.
E. 
For purposes of the license by this chapter, 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 $2,000, and who does not maintain a place of business within the city, shall submit a business license registration to the director or designee. The threshold does not apply to regulatory license requirements or activities that require a specialized permit.
Beginning January 1, 2026, the threshold amount is $4,000. The threshold amount will be adjusted every 48 months on January 1st, by an amount equal to the increase in the Consumer Price Index ("CPI") for "West Urban, All Urban Consumers" (CPI-U) for each 12-month period ending on June 30th as published by the United States Department of Labor Bureau of Labor Statistics or successor agency. To calculate this adjustment, the current rate will be multiplied by one plus the cumulative four-year (48-month) CPI increase using each 12-month period ending on June 30th of each prior year and rounded to the nearest $100.00. However, if any of the annual CPI increases are more than five percent, a five percent increase will be used in computing the annual basis, and if any of the annual CPI decreased during the 48-month period, a zero percent increase will be used in computing the annual basis.
(Ord. 745, 1997; Ord. 977 § 1, 2012; Ord. 1015 § 1, 2015; Ord. 1029 § 1, 2016; Ord. 1048 § 2, 2018; Ord. 1129, 8/18/2025)
A. 
Application for a business license shall be made in writing to the office of the clerk-treasurer upon a form provided by the city. The applicant shall at that time deposit with the city, in advance, the license fee herein required. The application shall state the nature of and location of the business, name and address of the owner or applicant, an emergency notification name and address, together with such other information as may be required by the office of the clerk-treasurer.
B. 
After receiving a complete application for a business license the clerk-treasurer shall forward copies of the application to the appropriate city officials for their approval regarding compliance with all laws and regulations under their jurisdiction. The clerk-treasurer shall consider all materials and comments submitted and shall issue or deny the license within 20 working days after the date on which a completed application was filed unless the applicant agrees to an extension of said time period in writing.
C. 
A business license may only be denied by the city on one or more of the following grounds:
1. 
If the business or the premises on which it is located do not comply with all applicable regulatory codes of the city of Langley, Island County, and statutes of the state of Washington and the United States of America;
2. 
If the application is incomplete or if it contains any material misrepresentation;
3. 
If the application does not propose adequate measures for the protection of public health, safety and welfare in terms of pedestrian and vehicular traffic control, security, avoidance of public nuisances and avoidance of consumer fraud.
D. 
If the clerk-treasurer denies a license, written notice of said denial, stating the reasons therefor, shall be sent to the applicant within one working day thereafter along with a refund of the business license fee. The applicant shall have a period of 10 working days after the date of license denial to appeal the same to the city council. Upon receiving written notice of appeal the city council shall hold a public hearing within 30 days thereafter to consider, de novo, whether to issue or deny the license. The applicant shall be given not less than seven days' advance written notice of the hearing. The decision of the city council shall be announced at the conclusion of the hearing and shall be final, subject only to a petition for writ of certiorari being filed with the Island County superior court within 14 days following the date of the city council's decision.
(Ord. 745, 1997; Ord. 977 § 1, 2012; Ord. 1015 § 1, 2015; Ord. 1029 § 1, 2016)
Each licensee shall meet all of the requirements listed in this section. Failure to meet any of the requirements listed herein shall constitute grounds for nonissuance or revocation of a business license. These requirements are as follows:
A. 
Displayed material shall remain in the area specified for such display.
B. 
No part of the business and/or activity shall obstruct or cause the obstruction of any city property, or of any city rights-of-way including passageways, sidewalks, streets, avenues, and alleys.
C. 
Any business license holders engaged in food sales shall comply with all laws, rules and regulations regarding food handling.
D. 
No license shall be issued to any peddler, salesman, transient merchant or other persons to sell from door to door or from any doorway, building recess, alley or vacant lot or any other place facing on a public street without such activity and/or location being first approved by the chief of police and the mayor after review by city staff.
E. 
Business licenses must be conspicuously displayed at the place of business.
(Ord. 977 § 1, 2012; Ord. 1015 § 1, 2015; Ord. 1029 § 1, 2016)
A. 
All business licenses required to be obtained pursuant to this chapter shall be issued on a basis and shall expire on December 31st of the year for which they are issued, with the exception of the 2016 license which shall be from July 1, 2016, until December 31, 2017. All such licenses shall be renewed annually with the fee due on the first day of January and payable no later than February 15th of that year. Application for renewal shall be made on the forms prescribed by the office of the clerk-treasurer. There shall be no reduction of any license fee because a new application is received late in the annual cycle; provided, that after July 1st of each year, the annual fee shall be reduced to one-half of the established fee for the remainder of the year for any new business. Every license shall be personal to the licensee and shall not be assignable or transferable to any person.
B. 
Seasonal business licenses may be applied for at any time, and shall be valid for a period not to exceed 90 days in any calendar year. Food truck vendors approved pursuant to Chapter 12.22 shall be considered seasonal businesses.
C. 
Temporary business licenses may be applied for at any time, and shall be valid for a period not to exceed 10 days. A temporary business license may be renewed for up to two additional 10-day periods within a calendar year.
Every license shall be personal to the licensee and shall not be assignable or transferable to any person.
(Ord. 745, 1997; Ord. 938, 2010; Ord. 977 § 1, 2012; Ord. 1015 § 1, 2015; Ord. 1029 § 1, 2016)
Any applicant or licensee who shall fail to make application for an original business license or renewal of an existing business license shall be subject to a penalty, computed as follows:
A. 
Delinquent from 31 to 60 days, a penalty of 15 percent of the prescribed fee.
B. 
Delinquent from 61 to 90 days, a penalty of 30 percent of the prescribed fee.
C. 
Delinquent from 91 days or more, a penalty of 50 percent of the prescribed fee.
(Ord. 745, 1997; Ord. 977 § 1, 2012; Ord. 1015 § 1, 2015; Ord. 1029 § 1, 2016)
The city council may, at any time, suspend or revoke any license issued hereunder whenever the licensee or an officer or partner thereof has been convicted in any court of competent jurisdiction of violating any criminal statute of the United States or the state of Washington or of any ordinance of the city of Langley upon the business premises stated in the license of connection with the business stated in the license or, where the place of business does not conform to the ordinances of the city of Langley; provided a hearing thereon shall be had before such revocation or suspension. The licensee shall be notified in writing by sending notice to the mailing address stated in the license. Said notice shall state the intention of the city council to revoke or suspend said license, the reason for such suspension or revocation, and the date and time of the meeting of the city council at which such will be considered, and the right of the licensee to appear at said meeting and be heard in opposition to such revocation or suspension. Such notice shall be given by certified mail to the licensee at least 14 days prior to the date of said hearing.
(Ord. 745, 1997; Ord. 977 § 1, 2012; Ord. 1015 § 1, 2015; Ord. 1029 § 1, 2016)