ORDINANCE NO.

________

AN ORDINANCE of the City Council of the City

of Bremerton, Washington, amending Section 5.02.040 of
the Bremerton Municipal Code entitled “Definitions” and
Section 5.02.070 of the Bremerton Municipal Code entitled
“Separate General Business License Required.

WHEREAS, the City Council desires to ___________________________

provisions relating to __________________________________ in order to
_______________________________________________; NOW THEREFORE,

THE CITY COUNCIL OF THE CITY OF BREMERTON,

WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Section 5.02.040 of the Bremerton Municipal Code entitled

"Definitions" is hereby amended to read as follows:

5.02.040 DEFINITIONS.
For the purposes of this chapter, the definitions set forth in Chapter 3.48 BMC
shall apply to this chapter as applicable. In addition, the following definitions will apply:
“Ancillary rental” means 1) the renting and/or leasing of real property by a person as
secondary to the primary business use by said person for which a business license is
issued pursuant to this chapter, or 2) the renting and/or leasing of no more than one
residential unit within the structure of the primary residence of the landlord, or 3) the
renting and/or leasing of no more than one auxiliary dwelling unit located on the same
tax parcel as the primary residence of the landlord.
“Casual rental” means the renting of the primary residence of the landlord for a period of
four months or less in any given calendar year.
“Engaging in business” shall also include the renting and/or leasing real property except
for casual rentals or ancillary rentals.
“License to use” means a personal privilege to do some particular act or series of acts on
real property without possessing any estate or interest therein.
“Possessory interest” means the right to exert control over specific real property, or a
portion thereof, to the exclusion of others.
“Rental Property” means all dwelling units rented or leased on a contiguous quantity of
land managed by the same landlord as a single rental complex.
“Renting and/or leasing of real property” means the creation of a possessory interest in
residential, commercial and/or industrial real property in another party by lease, sublease,
expressed or implied rental agreement, or tenancy from period to period, for the purpose
of gain, and includes leases or rentals in mixed use structures. The renting and/or leasing
of real property does not include the license to use real property.
 SECTION 2. Section 5.02.070 of the Bremerton Municipal Code entitled
"Separate General Business License Required" is hereby amended to read as follows:

5.02.070 SEPARATE GENERAL BUSINESS LICENSE REQUIRED.

A separate license shall be obtained for each branch, establishment or, location or
rental property location at which the business related activity is carried on, and each
license shall authorize the licensee to carry on, pursue or conduct only that business, or
business enterprise at that location. A separate license shall not be required for a business
activity determined by the Director to be an accessory activity to a branch, establishment
or location for which a license is issued. A separate license shall not be required for the
renting and/or leasing of real property in multiple locations which shall be considered a
single business encompassing all rental or leased units in the city by a single owner.

SECTION 3. The provisions of Sections 1 and 2 of this Ordinance shall

become effective January 1, 2011.

SECTION 4. Severability. If any one or more sections, subsections, or

sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall
not affect the validity of the remaining portion of this Ordinance and the same shall
remain in full force and effect.

SECTION 5. Effective Date. This ordinance shall take effect and be in

force ten (10) days from and after its passage, approval and publication as provided by
law.

PASSED by the City Council the___________ day of ____________________, 2010

_________________________________
NICK WOFFORD, Council President

Approved this ________ day of ________________________, 2010

_________________________________
PATTY LENT, Mayor
ATTEST: APPROVED AS TO FORM:

__________________________________ ________________________________
CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney

PUBLISHED the________ day of ______________________, 2010

EFFECTIVE the_________day of ______________________, 2010
ORDINANCE NO. ____________

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