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
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coPt
B.
Exceptions.
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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.
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A.
B.
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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
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B.
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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.
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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.
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H.
1.
J.
K.
L.
M.
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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
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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.
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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.
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A.
B.
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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
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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
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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
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