ORD 12-717ORDINANCE N0.12-717
AN ORDINANCE of the City of Federal Way, Washington, relating to
Businesses Registration; amending FWRC 12.05 "Business Registration"
and 12.25 "Temporary Businesses." (Amending Ordinance Nos. 09-600,
09-599, 09-598, 04-472, 03-440, 00-370, 95-231, 91-110, 91-86, and 90-62)
WHEREAS, the City recognizes the need to periodically modify Title 12 of the Federal Way Revised Code
(FWRC) in order to conform to state and federal law, codify administrative practices; clarify and update
regulations as deemed necessary, and improve the efficiency of the regulations and business review processes;
and
WHEREAS, the City has determined that certain temporary businesses are also temporary uses; and
WHEREAS, temporary businesses can be considered a vital and vibrant activity within the City where
mitigated by development standards; and
WHEREAS, it has been noted that the existing temporary business registration procedures are duplicative
with temporary uses, and that confusion does not encourage economic development; and
WHEREAS, it is in the public interest for the City Council to adopt new language which would ensure that
temporary businesses provisions are consistent with temporary uses, which would in turn simplify the
application process for temporary businesses in the City of Federal Way; and
WHEREAS, by incorporating these code parameters, applicants will be required to obtain only one city
approval (in most cases a temporary business registration); time limits and exemptions will be standardized
between temporary business registrations and temporary uses, based on the zoning district; and application
requirements will be clarified; and
WHEREAS, the proposed elimination of the term "license" in FWRC 12.05 eliminates repetitive �
terminology and focuses on "registration"; and
WHEREAS, in the interest of clarity, dual definitions of business in FWRC 12.05 and FWRC 12.25 aze
combined, and other duplications between these codes sections are eliminated as a housekeeping task; and
WHEREAS, on October 1, 2011, the City properly issued a Determination ofNonsignificance (DNS); and
Ordinance No. 12-717 Page l of 16
WHEREAS, the Planning Commission is not responsible to recommend changes to FWRC 12, Businesses;
however, they were made aware of proposed changes to FWRC 12.05 Business Registration and 12.25
Temporary Businesses when reviewing proposed changes to FWRC 19.275 Temporary Uses; and
WHEREAS, the Planning Commission did support code based efforts to ensure that sales tax proceeds
which were the result of vehicle sales at temporary auto sales events be returned to the City; and
WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered the
Businesses code amendment of Chapter 12 FWRC on January 9, 2012, and recommended adoption of the text
amendments; and
WHEREAS, at their January 9, 2012 meeting, the Land Use/Transportation Committee ofthe Federal Way
City Council also considered the recommended text changes to FWRC 19.275 Temporary Uses, as
recommended by the Planning Commission as they compliment those proposed changes to Chapter 12 FWRC
Businesses, and recommended adoption of those text amendments; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. FWRC 12.05 is hereby amended to read as follows:
Sections:
Chapter 12.05, Business Registration
12.05.002 Enforcement and authority.
12.05.003 Applicability.
12.05.010 Definitions.
12.05.020 Penalties and violations.
12.05.030 Processing procedure.
12.05.040 Business registration.
12.05.050 Application.
12.05.060 Payment of fees — Delinquent payment.
12.05.070 Exemptions.
12.05.080 Application for exemption required.
12.05.090 Home occupations.
12.05.100 Separate locations.
12.05.110 Joint registrations.
12.05.120 Agents responsible.
12.05.130 Posting required.
Ordinance Na 12-717 Page 2 of 16
12.05.140 Change of address.
12.05.150 Nontransferable.
12.05.160 Mailing of notices.
12.05.170 Revocation — Suspension — Denial.
12.05.173 Emergency suspension.
12.05.175 Notice of suspension, revocation, denial or civil penalty.
12.05.180 Effect of registration denial, revocation or suspension.
12.05.185 Reinstatement procedures and standards for reviewing an application for reinstatement.
12.05190 Notice of hearing.
12.05.200 Appeal.
12.05.210 Decision of the hearing examiner.
12.05.230 Appeal to city council.
12.05.002 Enforcement and authority.
The city clerk has the authority to adopt rules and regulations to carry out the provisions of this title
and has the authority to administer and enforce this title and any such rules and regulations. It is unlawful
to violate or fail to comply with any provision of this title or any such rule or regulation.
(Ord. No. 09-599, § 6, 1-6-09. Code 2001 § 9-2.)
12.05.003 Applicability.
Unless otherwise specified, the provisions contained in this chapter apply to licenses and regulations
under any chapter in this title.
(Ord. No. 09-599, § 7,1-6-09. Code 2001 § 9-3.)
12.05.010 Definitions.
The definitions in this section apply throughout this title unless the context clearly requires otherwise.
Terms not defined here are defined according to FWRC 1.05.020.
"Business" means all services and activities, organizations, vocations, occupations, professions,
enterprises and establishments, and all other �}es-a� matters conducted or engaged in with the object
€e� of private profit or benefit, not-far-profit or benefit vecuniar��ain or advanta eg t��person or to
another person or class, either directly or indirectly, whether part-time or full-time, anywhere within the
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"Premises " means all lands, structures and places, and also any personal property which either is
�xed to, or is used in connection with any such business conducted on such premises.
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(Ord. Na 09-600, § 4, 1-6-09; Ord. No. 91-86, § 1(2), 2-5-91. Code 2001 § 9-26.)
12.05.020 Penalties and violations.
(1) Criminal penalties. Any person failing to obtain or renew his/her business �kse�se-e� registration, or
otherwise violating or failing to comply with any of the provisions of this title, is guilty of a misdemeanor
for each day or part of a day during which the unlawful act or violation occurs.
(2) Civil penalties. Any person who fails to comply with the provision of this title is, in addition to any
criminal penalties, subject to a civil penalty for each day or portion of the day that the violation continues.
The maximum penalty and the default amount shall be $100.00 for the first violation, $200.00 for a second
violation of the same nature or a continuing violation, $300.00 for a third violation of the same nature or a
Ordinance Na 12-717 Page 3 of 16
continuing violation and $500.00 for each additional violation of the same nature or a continuing violation
in excess of three not including fees, costs, and assessments.
(3) Other legal remedies. Nothing in this title limits the right of the city to pursue other lawful,
criminal, civil or equitable remedies to abate, discontinue, correct or discourage any unlawful acts.
(Ord. No. 09-599, § 8, 1-6-09; Ord. No. 00-370, § l, 7-18-00; Ord. Na 91-86, § 1(23), 2-5-91. Code 2001 § 9-27.)
12.05.030 Processing procedure.
The city clerk shall:
(1) Adopt all forms and prescribe the information required to implement this title.
(2) Submit all applications to the community and economic development department, building
division, fire deparhnent and/or police department for their endorsements as to compliance by applicant
with all city regulations which they have the duty of enforcing.
(3) Notify any applicant of any deficiencies in their application and refrain from completing the
processing until those deficiencies are remedied.
(4) Deny any application upon written findings that the granting would be detrimental to public peace,
health or welfare, or that such application is not in compliance with any applicable city regulations. Upon
denial the clerk shall notify the applicant of the denial, the written findings, and the process for appeaL
(5) Issue �isexses-e� registrations to all persons qualified under the provisions of this title.
(Ord. Na 09-599, § 9, 1-6-09; Ord. No. 91-86, § 1(4), 2-5-91. Code 2001 § 9-28.)
12.05.040 Business registration.
No person shall transact, engage in or carry on any business, trade, profession, occupation, calling or
activity in the city of Federal Way without first having been issued a proper and current registration, or if
applicable, a temporary business re�istration as provided in FWRC 12.25.020, in addition to any other
required federal, state, local, or city licenses; unless the person has filed and qualified for exemptions
therefrom.
(Ord. No. 09 § 10, 1 Ord. Na91 § 1(1), 2 Code 2001 §9
12.05.050 Application.
(1) Every person required to procure a�� registration under this title shall submit an application
to the city clerk on forms provided by the clerk. The application shall include at a minimum the following
information: the name of the applicant, the residence, place and address of business, the nature of business,
name of business, the organization of the business (if it is a partnership, corporation, etc.), the number of
employees employed by the business, emergency notification information, copies of any required licenses
or certifications, and hazardous waste and substance information. The city clerk shall also require any
additional information required by a provision of this title or found to be reasonably necessary to determine
compliance with this title or for the fair administration of this title. An application shall be deemed
complete upon the applicant's provision of all required information, including identification of "none"
where that is the correct response, and the applicant's verification, under penalty of perjury, that the
information contained in the application is true and that the application is complete.
(2) The application for ^�� registration shall be accompanied by the full amount of the fee
chargeable for such �� registration.
(3) The city clerk shall issue a receipt to the applicant for the money paid in advance. Such receipt
shall not be construed as the approval of city clerk for the issuance of the registration; nor shall it entitle or
authorize the applicant to open or maintain any business contrary to the provisions of any law.
(4) A duplicate �iee�se-e� registration may be issued by the city clerk to replace any �sexse-e�
registration previously issued which was lost, stolen, defaced or destroyed, upon filing by the �ise�see-eF
registrant an�davit attesting to such fact and the paying to the city clerk a fee in the amount of $15.00.
Ordinance Na12-717 Page 4 of 16
(5) Any person or business possessing a current valid �� registration under this chapter shall submit
a new application within 30 days of any change or modification in the type, kind, or nature of the business, or
if any person or entity acquires a significant interest in the business or responsibility for management or
operation of the premises or the business. Submission of such application will not require a fee.
(Ord. No. 09-599, § I1, 1-6-09; Ord. Na 03-440, § 1, 3-18-03; Ord. No. 91-86, § 1(3), 2-5-9L Code 2001 § 9-30.)
12.05.060 Payment of fees — Delinquent payment.
(1) Each initial registration required pursuant to this chapter shall expire at the end of the yeaz in which
it was issued and a renewal registration shall be required for each subsequent year.
(2) The business registration fees shall be as provided in the fee schedule kept on file with the city
clerk. The fee schedule shall include a rate for the initial year's registration and an annual renewal rate for
subsequent yearly registrations.
(3) Temporary business registration fees shall be asprovided in the fee schedule kept on file with the
city clerk Fees for the extension of a temporary business re�istration �ranted b ty he cit�clerk shall be at
the same rate as the temporary business registration fee.
(3-4) Each annual registration fee provided for in this chapter shall become due and payable on
January 1 st of every year and shall be deemed delinquent on February 1 st. As to any business commenced
during any year, the fee shall be due and payable on the first day that business is transacted or carried on.
(4 � All new businesses initially registered in the last quarter of any year are exempt from payment of
the next year's business registration renewal fee.
(3 � Any new businesses having to pay a special license fee shall be exempt from the payment of the
initial year's business registration fee.
(H � Failure to pay any registration fee due within 30 days after the day on which it is due and payable
shall result in a penalty of five percent or $5.00, whichever is higher, on the amount of the registration fee,
and an additional penalty of five percent or $5.00, whichever is higher, for each succeeding month of
delinquency or part thereof, but shall not exceed a total penalty of $25.00 or 25 percent of the amount of
such registration fee, whichever is higher.
(� � The registration fee levied in this chapter shall be in addition to any other fees provided for in any
other ordinance or provision of this Code, except as otherwise provided.
(Ord. No. 04-472, § 1, 12-7-04; Ord. Na 91-86, § 1(5), (15), 2-5-91. Code 2001 § 9-31.)
12.05.070 Exemptions.
The following shall be required to obtain a registration under this chapter, but shall not be required to
pay any fee:
(1) Business activities carried on by nonprofit organizations, including but not limited to religious,
civic, charitable, benevolent, nonprofit, cultural or youth organizations.
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(3 � Any business or activity which is exempt from payment of such fees as prescribed by this chapter
by virtue of applicable provisions of the federal or state Constitution or applicable federal or state statutes
shall be exempt from the registration requirement of this chapter.
(4 � Any religious society, association or corporation which operates any charitable hospital, clinic or
institution devoted exclusively to the care or healing of human beings.
(3 � Any farmer, gardener or other person who sells, delivers or peddles any fruit, vegetables, berries,
butter, eggs, fish, milk, poultry, or meats or any farm produce or edibles raised, caught, produced or
manufactured by such person in any place in this state.
(Ord. No. 91-86, § 1(6), 2-5-91. Code 2001 § 9-32.)
Ordinance No. 12-717 Page S of 16
12.05.080 Application for exemption required.
Any person claiming exemption from the requirements of this chapter shall file with the city clerk the
usual registration application and an affidavit setting forth the facts sufficient to show the application of
this section and their right to such exemption.
(Ord. No. 91-86, § 1(7), 2-5-91. Code 2001 § 9-33.)
12.05.090 Home occupations.
The business registration fee for businesses operating as home occupations in residential zones shall be
the usual business registration fee.
(Ord. Na 09-598, § 2, 1-6-09; Ord. Na 91-86, § 1(8), 2-5-91. Code 2001 § 9-34.)
Cross reference: Home occupation zoning regulations, Chapter 19.270 FWRC.
12.05.100 Separate locations.
A separate ;��� registration shall be required for each branch, establishment or location of the
business engaged in, as if each such branch, establishment or location were a separate business; provided,
however, warehouses and distributing plants and storage yards used in connection with and incidental to a
business �� registered under the provisions of this title shall not be deemed to be separate places or
business or branch establishments. Location of such warehouses and distributing plants and storage yards
shall be shown on the application for the business �iseHSe-e� registration, and must comply with the
provisions of all city codes. Each �eer�se-e� registration shall authorize the �� registrant to transact
and carry on only the business �se�tsed-e� registered thereby at the location or in the manner designated in•
such �isexse-ex registration.
(Ord. No. 09-599, § 12, 1-6-09; Ord. No. 91-86, § 1(9), 2-5-91. Code 2001 § 9-35.)
12.05.110 Joint registrations.
A person engaged in two or more businesses at the same location shall not be required to obtain
separate registrations for conducting each of such businesses; provided, when eligible, the person shall be
issued one registration which will specify on its face all such businesses. Applications for such joint
registration shall list the names and pertinent information for all such businesses. The total number of all
employees employed in all businesses included within the joint business registration shall be considered
for purposes of classifying the size of the business for registration purposes.
(Ord. No. 09-599, § 13, 1-6-09; Ord. No. 91-86, § 1(10), 2-5-9L Code 2001 § 9-36.)
12.05.120 Agents responsible.
The agents or other representatives of nonresidents who are doing business in the city shall be
personally responsible for the compliance of their principals, and the businesses they represent, in regards
to the requirements of this title.
(11 This includes but is not limited to kavment of sales tax to the citv when a temporarv sales event
conducted within city limits results in the sale of a motor vehicle or other item as provided under special
sourcing rules of WAC 458.20.145.
(Ord. No. 09-599, § 14, 1-6-09; Ord. Na 91-86, § 1(11), 2-5-91. Code 2001 § 9-37.)
12.05.130 Posting required.
Every �eexse-e� registration granted under this title shall be posted in a conspicuous place in the place
of business of the licensee or registrant.
(Ord. Na 09-599, § 15, 1-6-09; Ord. No. 91-86, § 1(12), 2-5-91. Code 2001 § 9-38.)
Ordinance No. 12-717 Page 6 of 16
12.05.140 Change of address.
Every person who, under the provision of this title, is subject to a�seHSe-e� business registration
requirement and who has a fixed place of business shall notify the city clerk in writing of any change in
location of such fixed place of business or mailing address within 30 days thereafter.
(Ord. No. 09-599, § 16, 1-6-09; Ord. No. 91-86, § 1(13), 2-5-91. Code 2001 § 9-39.)
12.05.150 Nontransferable.
�aseHSe�e� R�egistrations issued pursuant to this title shall not be transferable by the �iseNSee-e�
registrant to any other person, nar shall any fee paid by any person under the provisions of this title be
applied in whole or in part to the payment of fee due, or to become due, from any other person; provided,
however, that, in the event of death of the individual, partner, or officer who satisfied the requirements of
this title, the surviving spouse, partner, or officer may operate under the existing �iser�se registration for a
period not to exceed 90 days.
(Ord. Na 09-599, § 17, 1-6-09; Ord. No. 91-86, § 1(14), 2-5-91. Code 2001 § 9-40.)
12.05.160 Mailing of notices.
Unless otherwise provided, any notices required by this title to be mailed to any �see registrant or
applicant shall be sent by ordinary mail, addressed to the address of the �kseHSe� registrant or applicant as
shown by the records of the city clerk, or if no such address is shown, to such address the city clerk is able
to ascertain by reasonable effort. Failure of the �ise�se� registrant or applicant to receive such mail notice
shall not release the �iseHSee registrant or applicant from any fees or penalties thereon, nor shall such
failure operate to extend any time limit set by the provisions of this title. Service shall be deemed complete
upon the third day following the day upon which the notice is placed in the mail, unless the third day falls
on a Saturday, Sunday or legal holiday, in which event service shall be deemed complete on the first day
other than a Saturday, Sunday or legal holiday following the third day.
(Ord. Na 09-599, § 18, 1-6-09; Ord. Na 91-86, § 1(16), 2-5-91. Code 2001 § 9-41.)
12.05.170 Revocation — Suspension — Denial.
The clerk may revoke, suspend, or deny a��business registration issued or requested under
this title for any one ar more of the following reasons:
(1) The �ise�se�e� registrant, or any manager, officer, director, agent or employee, while acting within
the scope of the business or of employment, fails to comply with, fails to operate the business or activity in
accordance with, or uses the business or activity as a instrument or cover for violations of any federal,
state, or local laws or regulations, including any provision of this Code;
(2) The �ise��see-e� registrant, or any manager, officer, director, agent or employee, while acting within
the scope of employment, operates the business or activities in a manner which, or allows the business or
activities to become an instrument or a cover that, creates a nuisance or otherwise endangers the public
health, welfare or safety;
(3) The issuance of the �iset�s�e� registration was issued through mistake or inadvertence, without
authority or power, or in violation of any applicable federal, state or local laws or regulations;
(4) The "�°��°°-� registration was procured by fraud or false representation of facts, including through
an application that contains false or misleading statements, evasions or suppression of material facts;
(5) The �� registrant has been or is convicted of infractions, crimes, or offenses within 10
years which have a connection to the business or activity, or the �ieeHSee-e� registrant's agent or employee
is convicted of such offense on the subject premises when the �se��see-e� registrant knew or should have
known of the violations;
Ordinance Na 12-717 Page 7 of 16
(6) The registrant has had a business �� registration denied or revoked by the city within one
year prior to the date of an application.
A�� registration procured by fraud or misrepresentation shall be revoked. Where other
violations of this title or other applicable ordinances, statutes, or regulations are found, the ��
registration shall be denied or suspended for a period of 30 days upon the first such violation, 90 days upon
the second violation within a 24-month period, and revoked for third and subsequent violations within a
24-month period, not including periods of suspension.
(Ord. No. 09-599, § 19, 1-6-09; Ord. No. 03-440, § 2, 3-18-03; Ord. No. 95-231, § 1, 4-4-95; Ord. No. 91-86,
§ 1(17), 2-5-91. Code 2001 § 9-42.)
12.05.173 Emergency suspension.
In the event of conduct or activities which create an imminent risk of harm to public health, safety or
welfare, or where the Federal Way building official, fire marshal or the King County health department
find that any condition exists upon the premises of the business which constitutes a threat of immediate
serious injury or damage to persons or property, the �� registration of such business may be
summarily suspended. The �� registrant shall be notified in writing of the grounds for suspension.
Notification shall be by personal service or by registered or certified mail. Such suspension shall remain in
effect until further order by the city or appellate body.
(Ord. No. 09-599, § 20, 1-6-09. Code 2001 § 9-42.3.)
12.05.175 Notice of suspension, revocation, denial or civil penalty.
Prior to denial, suspension, or revocation of a;��r registration under this title, or imposition of a
civil penalty, the �ieei3se�s� registrant shall be notified in writing of the grounds for the action.
Notification shall be by personal service or by registered or certified mail. Except as provided in FWRC
12.05.173, any penalty will be due and any denial, suspension, or revocation of the �� registration
shall be effective 14 days after the date of service of the notice of suspension or revocation unless such
action is appealed by registrant in the manner described herein.
(Ord. No. 09-599, § 21, 1-6-09. Code 2001 § 9-42.5.)
12.05.180 Effect of registration denial, revocation or suspension.
If any registrant has a business �� registration denied or revoked for any reason, a new business
�ksexse-e� registration shall not be granted to the �� registrant or any entity in which the �iseksee-e�
registrant has an ownership interest for a minimum period of one year from the date of such denial or
revocation and all business activity shall immediately cease from the date of such denial or revocation,
except as provided in FWRC 12.05185. The city clerk may suspend a�ise�se-e� registration for no more
than six months. During the period of any suspension, all business activity shall cease. When a��
registration is denied, revoked, or suspended, the applicant may appeal such decision pursuant to the
process described in FWRC 12.05.200 et seq. Such applicant shall not engage in the business for which
the �seHSe-e� registration was denied, revoked, or suspended unless or until a�keeHSe-e� registration is
issued or reinstated pursuant to an administrative or judicial judgment ordering the same.
(Ord. Na 09-599, § 22, 1-6-09; Ord. No. 95-231, § 1, 4-4-95. Code 2001 § 9-43.)
12.05.185 Reinstatement procedures and standards for reviewing an application for reinstatement.
At any time following the expiration of the revocation or denial period, a�eexse�e� registrant may
apply for reinstatement of the :�� registration, or an application for a new business may be sought. A
hearing shall be held pursuant to the procedures under FWRC 12.05.200 et seq.
(Ord. Na 09-599, § 23, i-6-09. Code 2001 § 9-43.5.)
Ordinance Na 12-717 Page 8 of 16
12.05.190 Notice of hearing.
Prior to suspension or revocation of a�-� registration under this title, the �ise�se�e� registrant
shall be notified in writing of the grounds for suspension or revocation of the registration.
Suspension or revocation of the �se�e� registration shall occur 10 days after the date of service of
the notice of suspension or revocation unless such action is appealed by �ieeHSe�e� registrant in the
manner described herein.
(Ord. No. 09-599, § 24,1-6-09; Ord. Na 95-231, § 1, 4-4-95; Ord. No. 91-86, § 1(18), 2-5-91. Code 2001 § 9-44.)
12.05.200 Appeal.
(1) Generally. Any person falling under the provisions of this title may appeal any revocation,
suspension, or denial of a�eexse-eF registration, the assessment of any penalty, or any other acts
designated under this title as appealable or entitled to a hearing examiner hearing, to the hearing examiner
by filing a written notice of appeal, specifying what issue is being appealed, with the city clerk within 14
calendar days from the date of service of the notice of revocation, suspension, or denial, penalty or other
event. The city may also request a hearing before the hearing examiner to assess costs, modify previous
orders, or to enter other orders as needed.
(2) Schedule. Within 10 days of the clerk's receipt of the appeal, the hearing examiner shall set a
public hearing for a date within 30 days of the clerk's receipt of the appeal.
(3) Notice. Written notice of the time and place of the hearing shall be served on the person subject to
the requirements of this chapter and/or the appellant by the city clerk, by certified mail, at least 10 days
prior to the date set for the hearing.
(4) Participation. The city and the appellant may participate as parties in the hearing and each may call
witnesses. Any person may participate in the public hearing in either or both of the following ways:
(a) By submitting written comments to the hearing examiner, either by delivering these comments
to the clerk prior to the hearing or by giving these directly to the hearing examiner at the hearing.
(b) By appearing in person, or through a representative, at the hearing and making oral comments
directly to the hearing. The hearing examiner may reasonably limit the extent of oral comments to facilitate
the orderly and timely conduct of the hearing.
(5) Conduct of hearing. The hearing examiner shall conduct the hearing on the appeal pursuant to the
rules of procedure of the hearing examiner. The hearing is limited to the issues raised in the notice of
appeaL The appellant shall have the burden of proof by a preponderance of the evidence. The hearing
examiner shall make a complete electronic sound recording of the public hearing.
(6) Stay. The assessment of a penalty or a suspension or revocation of a�isetise-e� registration shall be
stayed during an appeal, but a denial of a�isexse-e� registration is effective until ordered otherwise.
(Ord. No. 09-599, § 25, 1-6-09; Ord. Na 95-231, § 1, 4-4-95; Ord. No. 91-86, § 1(19), 2-5-91. Code 2001 § 9-45.)
12.05.210 Decision of the hearing examiner.
After considering all of the information and comments submitted on the matter, the hearing examiner
shall issue a written decision, including fmdings of fact, conclusions, and order, �rming, reversing, or
modifying the decision, action, or penalty being appealed based on the hearing examiner's fmdings and
conclusions. Unless a longer period is ageed to by the applicant, the hearing examiner shall issue the
decision within 10 warking days after the close of the public hearing. Notice of the decision shall be
mailed to all parties. In the event of revocation or denial of a�sexs�e� registration, the hearing examiner
shall provide that the revocation or denial shall be for a period of not less than one year unless the heazing
examiner determines that extraordinary circumstances exist justifying a shorter period of time, in which
case the justification for such decision shall be set forth by the hearing examiner in writing. In determining
the minimum time of the revocation or denial during which reinstatement or issuance of a business �ieexse
e� registration shall not be considered, the hearing examiner shall consider among other factors:
Ordinance No. 12-717 Page 9 of 16
(1) The degree of the �� registrant's culpability, if any, and the conduct leading to the
revocation, suspension, denial, penalty, or other decision of the clerk;
(2) The criminal nature of the conduct, if any;
(3) The effects on the community and whether the business or activity was a threat to the public health,
safety ar welfare; and
(4) Any mitigating evidence.
The decision of the hearing examiner is final unless appealed within 14 days to the city counciL If a
decision of the hearing examiner is not appealed, it shall constitute the final decision of the city, and the
failure to comply with the decision of the hearing examiner shall constitute a misdemeanor.
(Ord. No. 09-599, § 26,1-6-09; Ord. No. 95-231, § 1, 4-4-95; Ord. No. 91-86, § 1(20), 2-5-91. Code 2001 § 9-46.)
12.05.230 Appeal to city council.
The city council shall hear any appeal of the hearing examiner decision using the procedures provided
in process N of FWRC Title 19, Zoning and Development Code.
(Ord. No. 09-599, § 28, 1-6-09; Ord. No. 95-231, § 1, 4-4-95; Ord. No. 91-86, § 1(21), 2-5-91. Code 2001 § 9-48.)
Section 2. FWRC 12.25 is hereby amended to read as follows:
Chapter 12.25, Temporary Businesses'
Sections:
Article L Generally
12.25.005 Purpose.
12.25.010 Definitions.
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Article II. �ieeHSe Re�istration
12.25.020 Temporarv business re�istration required.
12.25.030 Apnlication.
12.25.040 � 4Fee exceptions..
Article III. Regulations
12.25.050 �se�exs Performance standards.
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Article I. Generally
12.25.005 Purpose.
�l ) The ci requires temporary businesses to be re�istered in order to track businesses for purposes of
tax collection and compliance monitorin� is unlawful for an�person to conduct, operate, enga eg i� or
Orddnance No. 12-717 Page !0 of 16
practice an +Ltemporary business in the citv that is conducted operated enga�ed in or practiced in whole or
in park from real property located within the city, without having first obtained a temporary business
registration from the citv. Notwithstandin�anv other provisions of this chapter the grantin� of a tempor
business repistration shall not authorize an�person to enga�e in anv activityprohibited by federal state, or
local law or re ulation.
12.25.010 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires
otherwise. Terms not defined here are defined according to FWRC 1.OSA20, or FWRC 19.05, as
anplicable
' "Business "
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shall be as defined in FWRC 12.05.010
"Temporary business " means all businesses of a short term or transitory nature, andlor fixed duration
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(Ord. No. 09-600, § 8, 1-6-09; Ord. No. 91-110, § 1, 11-5-91; Ord. No. 90-62, § 1, 6-19-90. Code 2001 § 9-386.)
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(Ord. No. 91-I 10, § 5, 11-5-91; Ord. Na 90-62, § 5, 6-19-90. Code 2001 § 9-387.)
Article II. �ieease Registrallon
12.25.020 Temporary business registration required..
(11 It is unlawful for any�erson to conduct operate engage in, or practice anv temporary business in
the citv without having first obtained a temporar�business registration, unless otherwise exempted.
(2) It is reco�nized that certain temporary businesses can also be Categorv I temporarv uses as defined
in Chauter 19.275 FWRC. Temporarv use ap�roval will not be required when a temporarv business
registration is required However the substantive temporarv use provisions of Chapter 19 275 FWRC shall
be satisfied nrior to issuance of an�temporary business re�istration.
�3) Residential Zonin� Districts A temporary business ma�ccu�v a site or operate within the citYfor
no more than seven (7L,�per occurrence twice within any 365-da�period, unless otherwise re�ulated.
The citv clerk maYauthorize up to one seven (71 day extension per occurrence if such extension will be
consistent with the requirements of this chapter. Additional fees may appl�
(4) Non-Residential Zoning Districts. A temporarv business ma��, a site for no more than fo -
five (45� davs, whether consecutive or nonconsecutive, within a calendar vear. The city clerk ma,y
authorize up to one fifteen (15�v extension if such extension will be consistent with the requirements of
this cha ten r. Anv extension granted mav be subict to additional fees. No more than one extension mav be
granted within any 365 dav�eriod•
Ordinance No. 12-717 Page 11 of 16
�5) RovinQ Mobile Vendors Rovi� mobile vendors involved in business such as door-to-door sal�
sales from ice-cream trucks or other businesses that do not have a fixed location(s) within the cit�shall be
permitted to operate re�ardless of the zone for no mare than ninetv (90) davs, whether consecutive or non-
consecutive after a temporarv business registration is obtained. The city clerk mav authorize up to one
seven (7) dav extension per occurrence if such extension will be consistent with the requirements of this
chapter. Additional fees mav applv. Businesses of this nature that operate for a period lon e� r than
described above must obtain a permanent business registration.
�6) If more than one temporary business is conducted operated en .�aged in or practiced on a sin�le
premise a separate re�istration shall be re�uired for each s�arate business If the same temporary business
is conducted onerated en�aged in or practiced b�a business owner at two or more places within the citv
that business owner may obtain one temporar�business re�istration that lists all locations of the temnorarv
business.
12.25.030 Auplication.
�1) Prior to the requested date of commencement the applicant shall submit the following information
to the citv clerk:
(a) Annlication for temporarv business re�istration on form�rovided bv the citv including siQned
consent from the propertv owner:
(b) Site plan, if anplicable; and
L) Fees as �plicable.
�1 The city clerk shall review the application for com�liance with the performance standards set forth
in FWRC 12 25 O50 and FWRC 19 275 060 as a�plicable and shall either issue the temporary business
registration; condition the a�plication so that it com�lies with performance standards and issue the
temporarv business registration• or denv the temporary business registration Unless exempted from this
article no person ma�enga�e in or conduct a temporarv business until a registration has been granted.
12.25.040 �eq�e� €Fee exceptions.
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(1) The following tem�orarv businesses or activities if eg n�erally consistent with their surroundings
shall not be reauired to obtain a temporary business registration:
a) Residential � e or vard sales of typical size and duration;
b) Merchandise and food sales bv scouts guides and similar nonprofit or�anizations;
c� Typical residential-based lemonade and similaz stands;
d) Charitable car washes; and .
(e) Businesses/activities of a similar nature as determined bv the ci clerk.
(2) No fee shall be charged for the temporarv business re�istration of the followin�types of businesses:
�a) Business activities carried on b�on�rofit organizations includin� but not limited to reli�ious,
civic, charitable, benevolent, nonprofit, cultural, school, or youth organizations;
�) Any business or activitv which is exem�t from pavment of such fees as prescribed bv this
chapter bv virtue of applicable provisions of the federal or state constitution or applicable federal or state
statutes; or
�, Any reli�ious societv association or corporation which operates any charitable hospital, clinic,
or institution devoted exclusivey to the care or healin� of human bein�s.
(Ord. No. 91-110, § 2, 11-5-91; Ord. Na 90-62, § 2(A), 6-19-90. Code2001 § 9-401.)
Ordinance NaJ2-717 Page 12 of 16
Article III. Regulations
12.25.050 �fse�eHS Performance standards.
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All temporary businesses shall comkl,v with the followin�performance standards:
(1� In conducting the temporarv business the applicant shall com�l,v with all countv state and federal
laws, and all city ordinances and resolutions that are �plicable to the use or the conduct thereof.
�) The a�nlicant shall maintain a current Washington State License and U.B.I . number as required
bv the state Department of Revenue, on file with the citv for the duration of the temporarv business.
(31 All temporarv businesses shall obtain all required city_permits licenses or other ap�rovals, e.g,�
land use a�proval, buildin�permits, sign permits etc. prior to commencement of the business or
occupancv of any site.
�4) No temporarv business shall occupy or be conducted on�ublic rig ts-of-wav narks or other nublic
lands in anY manner unless specificallv a�proved bYthe mavor or desi�r►ee. In the event that such
occunation or use is authorized the �nlicant shall be reguired to furnish liabilitv insurance with the city as
a named insured, in an amount to be determined bv the mayor commensurate with the risk associated with
the conduct of the temporary business.
�SZTemporary businesses shall also com�lv with a�plicable temporary use performance standards of
FWRC 19.275.05 60_
(Ord. Na 91-110, § 2, 11-5-91; Ord. No. 90-62, § 2(B), (C), 6-19-90. Code 2001 § 9-402.)
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Ordinance No.J2-717 Page 13 of 16
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Ordinance Na 12-717 Page 14 of 16
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Cross references: Penalty, FWRC 7.05.070; temporary uses, Chapter 19.275 FWRC;
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Section 3. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or phrase of
this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any
reason, such decision shall not affect the validity of the remaining portions of this chapter or its application
to any other person ar situation. The City Council of the City of Federal Way hereby declares that it would
have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions
be declared invalid or unconstitutionaL
Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make
necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical
errors, references, ordinance numbering, section/subsection numbers and any references thereto.
Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and
after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this 21 st day of February 2012.
CITY OF FEDERAL WAY
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MAYOR, KIP PRIEST
ATTEST:
ITY CLERK, CARO MCNE LY, CMC
Ordinance Na 12-717 Page 1S of 16
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
1-31-2012
2-21-2012.
2-24-2012
3-26-2012
12-717
Ordinance No. 12-717 Page 16 of 16