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Ord 90-062 0072.080.006 JEH/crd 05/18/90 R:05/3l/90naa ORDINANCE NO. 90-62 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, REQUIRING LICENSES FOR ENGAGING IN TEMPORARY BUSINESSES WITHIN THE CITY, DEFINING TERMS, PROVIDING PROCEDURES FOR ISSUING, SUSPENDING AND REVOKING SUCH LICENSES, SETTING FORTH FEES, ESTABLISHING PENALTIES FOR VIOLATIONS AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Federal Way is a noncharter optional municipal code city under the laws of the State of Washington and as such has the power to enact ordinances and regulate businesses for revenue and other purposes and for the protection of the public health, safety and general welfare, and WHEREAS, the City Council has determined that the transitory nature of temporary businesses requires that they be regulated and licensed in order to protect the public and provide accountability from the owners and operators of such businesses, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: section 1. Definitions. As used in this Ordinance, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings: A. "Person" means one or more natural persons of either sex, corporations, partnerships, sole proprietorships, associations or other entities capable of JEH02l470 -1- coPt B. Exceptions. JEHO2l470 having an action at law brought against such entity. "Business" includes all services and activities engaged in with the object of pecuniary gain, benefit or advantage to any person, or to another person or class, directly or indirectly, whether part time or full time. C. "Temporary Business" means and includes all businesses of a transitory nature or fixed duration, including, but not limited to: 1. Circuses, carnivals, rodeos, fairs, or similar transient amusement or recreational activities; 2. christmas tree sales lots and flower stands; 3. Mobile home residences used for occupancy by supervisory and security personnel on the site of an active construction project; 4. Indoor or outdoor special sales, including swap meets, parking lot sales, warehouse sales or similar activities; 5. Temporary use of mobile trailer units or similar portable structures for nonresidential purposes; 6. Garage sales and flea markets which exceed three (3) days in length; 7. Temporary stands for the sale of items such as food, toys, jewelry, goods, art, crafts, firewood, etc,; and 8, Any other similar use of a transitory nature or fixed duration. section Temporarv Business License Reauired 2. -2- A. B. JEH021470 It is unlawful for any person to conduct, operate, engage in or practice any temporary business in the city of Federal Way that is conducted, operated, engaged in or practiced in whole or in part from real property located within the City, without having first obtained a temporary business license from the city. If more than one temporary business is conducted on a single premises, a separate license shall be required for each separate business conducted, operated, engaged in or practiced. If a temporary business is transacted at two or more places by the person wi thin the ci ty, a separate license shall be required for each place at which such temporary business is conducted, operated, engaged in or practiced. Business activities carried on by nonprofit organizations, including but not limited to religious, civic, charitable, benevolent, nonprofit, cultural, or youth organizations shall be considered to be a "business" and shall be required to obtain a temporary business license, provided, that no fee shall be charged for the license. C. Pursuant to RCW 36,71.090, no temporary business license shall be required for any farmer, gardener, or other person to sell, deliver, or peddle any fruits, vegetables, berries, eggs, or any farm produce or edibles raised, gathered, produced, or manufactured by such person. section 3. Application - Procedure. A. No temporary business license shall be issued or renewed except upon written application made to the City Clerk. Such application shall be signed by the person who intends to conduct, operate or engage in the temporary business for which the license is to be issued, and shall state the nature and address or addresses of the temporary business or businesses, or -3- B. JEH021470 proposed temporary business or businesses, of the applicant, the anticipated dates on which the temporary business or businesses will be conducted, and such other information as may be required by the city Clerk. A nonrefundable application fee in the amount of $25 shall accompany the application. In the event that the license shall be granted, an additional $10 fee for each day or portion thereof during which the temporary business will be operated shall be paid prior to issuance of the license. If the applicant is a partnership, the application must be made and signed by one of the partners. If the applicant is a corporation, the application must be signed by one of the officers thereof. If the applicant is a foreign corpora- tion, partnership or nonresident individual, the application must be signed by the resident agent or local manager of the corporation, partnership or individual. C. Upon receipt of a completed application, the city Clerk shall forward the same to the City Manager for review. The city Manager, or his designee, shall review the application for compliance with the criteria and conditions set forth in section 4 of this ordinance. If all requirements set forth in Section 4 are met, the city Manager shall authorize the City Clerk to issue the license. If the requirements are not met, the license shall be denied and the City Clerk shall notify the applicant. D. Neither the filing of an application for a license, nor the payment of any application fee, shall authorize a person to engage in or conduct a temporary business until such license has been granted. section 4. conditions for Issuance of License.. -4- A. B. C. JEHO21470 No temporary business shall be operated on any site without the express consent of the owner thereof. The applicant shall be required to provide a signed consent from the property owner prior to the issuance of a license. In conducting the temporary business, the applicant shall comply with all state and federal laws, and all City ordinances and resolutions which are applicable to the use or the conduct thereof, Each si te occupied by business shall be kept free litter, and upon completion the temporary business, litter or other evidence of business shall be removed. a temporary of debris and or removal of all debris, the temporary D. Each site occupied by a temporary business must provide or have available sufficient off-street parking and vehicular maneuvering area and access for customers. Each such site must provide safe and efficient interior circulation and ingress and egress from a public right of way. E. In the event that a temporary business is conducted within an established parking area, no more than 25% of the parking spaces may be occupied by or devoted to the temporary business use. F. No temporary business shall occupy or be conducted on public rights of way, parks or other public lands in any manner unless specifically approved by the city Manager or his or her designee. In the event that such occupation or use is authorized, the applicant shall be required to furnish liability insurance with the City as a named insured, in an amount to be determined by the city Manager commensurate with the risk associated with the conduct of the temporary business. G. All signs used in connection with any temporary business shall comply with the applicable sign regulations of the city. -5- H. 1. J. K. L. M. JEHO21470 All temporary businesses shall obtain, prior to the conduct of the business or occupancy of any site, all required City of Federal Way permits, licenses or other approvals, e.g" building permits, conditional use permits, etc. All temporary businesses shall be conducted and operated pursuant to a plot or site plan submitted with the application and approved as part of the license, The licensee shall maintain a current Washington state retail sales tax number on file with the City for the duration of the temporary business. The temporary business shall comply with all applicable standards of the Seattle- King County Health Department. The temporary business and associated structures will be compatible with uses in the general vicinity and on adjacent properties. N. No temporary business shall adversely impact the public health, safety, or convenience, or create traffic hazards or congestion, or otherwise interrupt or interfere with the normal conduct of uses and activities in the vicinity. All personnel engaged in the temporary business shall remain fully clothed at all times and shall be neat and orderly in appearance. O. Temporary businesses shall not use loud speakers or other mechanical or audio devices which project sound beyond the area occupied by the temporary business. Vendors shall not yell, shout or hawk their goods or services in such a manner that sound is audible beyond the immediate premises on which the temporary business is conducted. P. No temporary business shall occupy a site or operate within the City of Federal Way -6- Illeqal Use. for more than ninety (90) days, whether consecutive or nonconsecutive, within any calendar year. Section License Not Authorization to Enqaqe in 5. Notwithstanding provisions of this other any ordinance, the granting of a temporary business license shall not authorize any person to in any activity prohibited by engage federal, state or local law or regulation. Section 6. Revocation or SusDension - Grounds. The at any time, suspend or revoke any license ci ty Manager may, issued under the provisions this whenever ordinance the of licensee, or any officer, employee or partner thereof: A. B. c. D. JEH021470 Has violated any federal, state or city statute, law, regulation or ordinance upon the business premises stated in the license or in connection with the business stated in the license, whether or not the licensee, or officer or partner thereof, has been convicted in any court of competent jurisdiction of such violation; Is or has conducted, engaged in or operated the temporary business stated in the license upon premises which do not conform to the ordinances of the city of Federal Way; Has maintained or permitted the temporary business stated in the license to be conducted, engaged in or operated in such a manner as to constitute a public nuisance; or Has made any material false statement or representation in connection with obtaining the license. Section 7. ADDeal. -7- A. B. JEH02l470 Whenever the City Manager determines that there is cause for suspending, denying or revoking any license issued pursuant to this ordinance, the City Clerk shall notify the person holding the license by registered or certified mail, return receipt requested, of the determina- tion. Notice mailed to the address on the license shall be deemed received three days after mailing. The notice shall specify the grounds for suspension, denial or revocation. The licensee may appeal the decision of the City Manager to suspend, deny or revoke a business license by filing a wri tten notice of appeal to the Hearing Examiner within ten (10) days of the City Manager's decision. Notwithstanding the filing of an appeal, however, the licensee shall immediately cease operations pending a final determination of the appeal. C. Upon timely receipt of the notice of appeal, the Hearing Examiner shall set a date for hearing the appeal. The city Clerk shall mail notice of the date of the hearing to the licensee at least ten (10) days prior to the hearing date. D. The hearing shall be de novo. The Hearing Examiner may affirm, reverse or modify the City Manager's decision. The decision of the Hearing Examiner shall be final, Any person desiring to appeal must file an appropriate lawsuit in the King County Superior Court within fourteen (14) days of the Hearing Examiner's decision. E. section 8. violation - Penal tv. A. Any person, as defined in this ordinance, and the officers, directors, managing agents, or partners of any corporation, firm, partnership or other organization or business violating or failing to -8- . comply with any of the provisions of this ordinance shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by imprisonment in jail for a term not exceeding one (1) year or by a fine in an amount not more than Five Thousand Dollars ($5,000), or by both such fine and imprisonment. B. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this ordinance, is a public nuisance and all remedies given by law for the prevention and abatement of nuisances shall apply thereto. Further, each day that such condition or violation continues shall be regarded as a new and separate offense and shall be punished accordingly. section 9. Severabilitv. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. section 10. Effective Date. This ordinance shall be effective five (5) days after passage and publication of an approved summary consisting of the title to this ordinance. PASSED by the City Council of the City of Federal Way this 19th day of June, 1990. CITY OF FEDERAL WAY !A~tvr~ el7/ MAYOR, DEBRA ERTEL JEH021470 -9- APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY ~~J)...~~ ~ FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: June 22, 1990 EFFECTIVE DATE: June 27, 1990 ORDINANCE NO. 90-62 May 31, 1990 June 19, 1990 JEH021470 -10-