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Ord 91-110 ORDINANCE NO. 91-110 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, AMENDING ORDINANCE NO. 90-62, 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 ~ature 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, sale proprietorships, associations or other entities capable of having an action at law brought against such entity. -1- COpy B. c. Exceptions. "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. "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 reoidenceo uoed for occupancy by oupervioory and oecurity peroonnel on the cite of an active conotruction project; 3. Indoor or outdoor special sales, including swap meets, parking lot sales, warehouse sales or similar activities¡ 5. Temporary uoe of mobile trailer unite or oimilar portable otructureo for nonreoidential purpooeo; 4. Garage sales and flea markets which exceed three (3) consecutive days in length¡ 5. Temporary stands for the sale of items such as food, toys, jewelry, goods, art, crafts, firewood, ~¡ and 6. Any other similar use of a transitory nature or fixed duration. section Business License Required 2. Temporarv A. 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 with the City, without having first obtained a temporary business license from the city. -2- If more than one temporary business is conducted on a single premise, a separate license shall be required for each separate business conducted, operated, engaged in or practiced. If a temporary business is transacted at two (2) or more places by the person within the city, a separate license shall be required for each place at which such temporary business is conducted, operated, engaged in or practiced. B. Exceptions. The followinq shall be required to obtain a temporarv business license if the activitv exceeds three (3) consecutive davs in lenqth except that no fee shall be charqed for the license: (1) Business activities carried on by non-profit organizations, including but not limited to religious, civic, charitable, benevolent, non- profit, cultural, school or youth organizations ohall be concidcred to bc a "bucineco" and chall bc required te obt¡lin a temporary buoincoc licence, provided, that no fee ohall be churged for the licence. (2) Fraternal benefit societies, as defined in RCW 48.36.010, fraternal fire insurance associations, beneficiary corporations or societies orqanized under and existinq bv virtue of 24.16.010 and 26.16.140, inclusive, if such corporations and societies provide in their bylaws for payment of death benefits as set forth in RCW 24.16.020 and 24.16.100. (3) Anv business or activitv which is exempt from payment of such fees as prescribed bv this title by virtue of applicable provisions of the federal or state constitution, or applicable federal or state statutes. (4) Anv reliqious societv, association or corporation which operates anv charitable hospital, clinic or institution devoted exclusivelv to the care or healinq of human beinqs. -3- 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 f~uits, vegetables, berries, butter. eggs, fish. m~lk, poultry or meats or any farm produce or edibles raised, gathered, cauqht, produced, or manufactured by such person in anv place in this state. 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 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 ~ each application. In the event th~t the licence ch~ll be granted, an additional ~10 fee for each d~y or portion thereof during ,¡hich the temporûry bucinecc ',¡ill be operated chall be pûid prior to icouûnce of the licence. B. 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 corporation, 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 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. -4- 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. A. B. No temporary business hall 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. c. Each site occupied by a temporary business shall be kept free of debris and litter, and upon completion or removal of the temporary business, all debris, litter or other evidence of the temporary business shall be removed. 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 twenty-five percent (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. In the event that such occupation or use if 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. Illeqal Use. 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 ?t~er approvals, e. g. , building permi ts, condltlonal 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 applicable standards of Health Department. shall comply with all the Seattle-King county L. The temporary business and associated structures will be compatible with uses in the general vicinity and on adjacent properties. M. No temporary business shall adversely public health, safety, or convenience, traffic hazards or congestion, or interrupt or interfere with the normal uses and activities in the vicinity. impact the or create otherwise conduct of N. 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 for more than ninety (90) days, whether consecutive or nonconsecutive, within any calendar year. section License Not Authorization to in 5. Enqaqe Notwithstanding any other provisions of this ordinance, the granting of a temporary business license ,shall not -6- authorize any person to engage in any activity prohibited by federal, state or local law or regulation. Revocation or Suspension - Grounds. The city section 6. Manager may, suspend or revoke any license issued at any time, under the provisions of this ordinance whenever the licensee, or any officer, employee or partner thereof: A. B. c. 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 off icer or partner thereof, has been convicted in any court of competent jurisdiction of such violation; Is or has conducted, engaged in or temporary business stated in the premises which do not conform to the the city of Federal Way; operated the license upon ordinances of 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 D. Has made any material false representation in connection with license. statement obtaining or the Section 7. Appeal. A. 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 determination. Notice mailed to the address on the license shall be deemed received three (3) days after mailing. The notice shall specify the grounds for suspension, denial or revocation. B. The licensee may appeal the decision of the city Manager to suspend, deny or revoke a temporary business license by filing a written notice of appeal to the Hearing Examiner within ten (10) days of the city Manager's decision. Notwithstanding -7- c. D. E. the filing of an appeal, however, the licensee shall immediately cease operations pending a final determination of the appeal. 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 and time of the hearing to the licensee at least ten (10) days prior to the hearing date. 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. Section 8. violation - Penaltv. A. B. 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 comply with 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. 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. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by court competent jurisdiction, such a of invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase -8- of this ordinance. Section 10. Effective Date. This ordinance shall be effective five days after passage (5) approved summary of this ordinance. and publication of an PASSED by the city council of the City of Federal Way, this ~ day of November CI , 1991- ÐÞ~/Â / ~ MAYOR, DEBRA ER EL FILED WITH THE CITY CLERK: October 30, 1991 PASSED BY THE CITY COUNCIL: November 5, 1991 PUBLISHED: November 8, 1991 EFFECTIVE DATE: November 13, 1991 ORDINANCE NO. 91-110 -9-