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-