Blaine Municipal Code

Title 5
BUSINESS LICENSES, TAXES AND REGULATIONS

Chapters:

5.04 Community Impact Statement

5.08 Repealed

5.10 Business Licenses and Fees Generally

5.12 Escort Bureaus and Introductory Services

5.16 Fireworks

5.20 Itinerant and Transient Merchants

5.24 Liquor Licenses and Regulations

5.28 Massage Parlors and Bathhouses

5.32 Pawnbrokers and Secondhand Dealers

5.40 Solicitors and Canvassers

5.44 Yard Sales

5.48 Alarm Systems

Chapter 5.04
COMMUNITY IMPACT STATEMENT

Sections:

5.04.010 Purpose – Family orientation of community.

5.04.020 Required when.

5.04.030 Contents.

5.04.040 Filing – Grant or denial of business permit.

5.04.050 Retroactive effect.

5.04.010 Purpose – Family orientation of community.

A. The city is primarily a residential community providing a labor force for nearby industrial areas. The traditional orientation of the community, and that which is planned for the future, is for family commerce, recreation, education and worship. Businesses and activities which are not family-oriented are inconsistent with the existing development and future plans for the Blaine community, and may have an adverse impact upon them. Such businesses have been found to appeal to special populations which are not normally residing in family-oriented communities; they often bring outside influences into the community which increase the crime rate and undermine the moral and social values of the family members. Existing businesses find that as the character of a commercial environment changes, and that the more notorious the city becomes as a source and outlet of certain businesses the less attractive it is for new families. Existing businesses find that as the character of the commercial environment changes, property values decrease and the central business district deteriorates as to family shopping and the development of new family-oriented businesses.

B. Businesses which are not family-oriented, and which would contribute to this adverse situation, should be encouraged to locate in other communities where their patronage would be more probable and profitable, and where their impact would be more acceptable. To identify such businesses before issuing a business permit to them, Blaine shall require a study and review of the probable impact on the community of any proposed business activity oriented toward activities reasonably related to the health, education and welfare of the family. (Ord. 1568 § 1, 1980; prior code § 5-1501)

5.04.020 Required when.

No business permit shall be issued to any proposed business which is determined by the city council to be oriented toward serving or attracting a special population of customers, and not oriented toward activities reasonably related to the health, education and welfare of the family, until the proposed business has first prepared and submitted to the city council a community impact statement, as described in BMC 5.04.030; provided, that the following businesses shall be exempt from this requirement:

A. Businesses regulated and/or licensed by special legislation of the state or federal government;

B. Businesses which the city council determines would have an insignificant adverse impact on the community, and which are not significantly inconsistent with the purposes of this chapter, as stated in BMC 5.04.010. (Ord. 1568 § 2, 1980; prior code § 5-1502)

5.04.030 Contents.

A community impact statement shall contain, at a minimum, the following elements:

A. Detailed description of the proposed business, names and addresses of all owners thereof, description of building and facilities, description of merchandise or services to be sold, proposed hours of operation, profile of expected customers, projected market area, and references to other similar business operations;

B. Analysis of the existing business community within 300 feet of the proposed location, including following factors, at a minimum:

1. Type of business,

2. Profile of customers,

3. Market area,

4. Economic growth/deterioration,

5. Property values,

6. Proximity of residential neighborhoods,

7. Proximity of schools, churches and public facilities;

C. Impact of the proposed business upon the factors described in subsection B of this section;

D. Impact of the proposed business upon the social environment of the Blaine community;

E. Alternative location for the proposed business, and/or alternative business for the proposed location. (Ord. 1568 § 3, 1980; prior code § 5-1503)

5.04.040 Filing – Grant or denial of business permit.

A. A completed community impact statement shall be filed by the applicant with the city clerk. Copies of it shall be distributed by the clerk to all council members, the public library, the secretary of the Blaine School Board, the secretary of the Blaine Chamber of Commerce, and to any other parties requesting them. The city clerk may assess a charge for the cost of copying any statements issued to private parties.

B. Within 30 days of the date the statement is filed with the clerk, the city council shall either grant the business permit or shall call a public hearing for the purpose of considering the same. At the conclusion of the public hearing, and any continuances thereof, the city council shall either grant or deny the business permit, entering written findings of fact supporting its decision.

C. It shall be valid grounds for denial of a business permit if the city council finds that a proposed business will have a significant adverse impact upon the community and will be significantly inconsistent with the purposes of this chapter, as stated in BMC 5.04.010. The possibility of mitigating measures shall be taken into account. No business permit shall be denied solely on the basis of the content of written, audio or visual communications sold or made available to customers. (Ord. 1568 § 4, 1980; prior code § 5-1504)

5.04.050 Retroactive effect.

All procedural elements of this chapter shall have retroactive as well as prospective application to any and all businesses that have not received a final and unconditional business occupancy permit on June 3, 1980. The substantive elements of this chapter are deemed to be necessary for the immediate protection of the public health, safety, welfare and morals, and shall also apply to said businesses. (Ord. 1568 § 5, 1980; prior code § 5-1505)

Chapter 5.08
BUSINESS LICENSES
AND FEES GENERALLY

(Repealed by Ord. 2484)

Chapter 5.10
BUSINESS LICENSES AND FEES GENERALLY

Sections:

5.10.010 Exercise of licensing powers.

5.10.020 Definitions.

5.10.030 Application for license.

5.10.040 Investigation – Issuance and denial.

5.10.050 Temporary license for unclassified activity.

5.10.060 Multiple places of business – Posting.

5.10.070 Due date – Delinquency charges.

5.10.080 Expiration.

5.10.090 Changes in business ownership, location, structure, etc.

5.10.100 Use of another’s license.

5.10.110 Contractors from outside city.

5.10.120 Businesses.

5.10.130 License fee – Levied.

5.10.140 License fee – Code 1.

5.10.150 License fee – Code 2.

5.10.160 License fee – Code 3.

5.10.170 License fee – Code 4.

5.10.180 License fee – Code 5.

5.10.190 Reclassification of businesses.

5.10.200 Combined classification businesses.

5.10.210 Debt status – Collection proceedings.

5.10.220 Administration and enforcement by finance director.

5.10.230 Revocation of licenses.

5.10.240 Violations – Penalties.

5.10.010 Exercise of licensing powers.

The provisions of this chapter are an exercise of the power of the city to license for regulation and revenue. (Ord. 2484 § 1, 2001)

5.10.020 Definitions.

In construing the provisions of this chapter, save when otherwise declared or clearly apparent from the context, the following definitions as outlined in the North American Industry Classification System (NAICS) shall be applied:

A. Class 1.

1. Accommodation and Foodservices (NAICS 71). Includes traveler accommodations; hotels; casino hotels; bed and breakfast inns; RV parks; recreational camps; rooming and boarding houses; restaurants; cafeterias; caterers; and mobile food services.

2. Administrative and Support, Waste Management and Remediation Services (NAICS 56). Includes office administrative services; facilities support; employment services; telephone call centers; telemarketing; collection agencies; private mail centers; credit bureaus; travel and tour agencies; security system services; locksmiths; janitorial services; landscaping services; upholstery and carpet cleaning services; waste collection; materials recovery facilities; and septic tank and related services.

3. Agriculture, Forestry, Fishing and Hunting (NAICS 11). Includes crops; livestock; services; forestry; and fishing, hunting and trapping.

4. Arts, Entertainment and Recreation (NAICS 71). Includes performing arts; spectator sports; theater companies and dinner theaters; musical groups and artists; sports teams and clubs; race tracks; promoters; agents and managers for artists, athletes, entertainers, and other public figures; museums; historical sites; zoos and botanical gardens; amusement, gambling and recreation industries; golf courses; marinas; fitness and recreational sports centers; and bowling centers.

5. Construction (NAICS 23). Includes building, general, heavy, special trade, electrical, masonry, and excavation contractors.

6. Finance and Insurance (NAICS 52). Includes monetary authorities; securities, commodity contracts and other intermediation and related activities; insurance carriers and related funds; trusts and other financial vehicles.

7. Health Care and Social Assistance (NAICS 62). Includes ambulatory health care services; offices of physicians, dentists, and specialists; outpatient care centers; medical diagnostic laboratories; home health care services; hospitals; nursing and residential care facilities; substance abuse facilities; individual, family, and child and youth services; community food and house services; emergency and other relief services; and child day care services.

8. Information (NAICS 51). Includes publishing industries; motion picture and sound recording; broadcasting and telecommunications; information services and data processing services.

9. Manufacturing (NAICS 31 – 33). Includes food, grain, sugar, fruit and vegetable, dairy production; meat production; seafood; bakeries; beverages; textiles; apparel; leather; wood; paper; printing; chemicals; petroleum; plastics; primary metal; fabricated metal; industrial and commercial machinery; computer and electronic production; electrical equipment and appliance and components; transportation equipment; furniture and related; and miscellaneous.

10. Mining (NAICS 21). Includes metal; coal; oil and gas; and nonmetallic minerals.

11. Nonpublic Educational Services (NAICS 61). Includes elementary and secondary schools; junior colleges; universities and professional schools; business and technical trade schools; sports and recreation instruction; language schools; exam preparation and tutoring; and automotive driving schools.

12. Other Services (Except Public Administration) (NAICS 81). Includes automotive repair and maintenance; electronic repair and maintenance; machinery repair and maintenance; appliance repair and maintenance; furniture repair and upholstery; personal and household goods repair and maintenance; footwear and leather maintenance; personal and laundry services; funeral homes; cemeteries and crematories; pet care (except veterinary) services; photo finishing; religious organizations; grantmaking and giving services; social advocacy organizations; civic and social organizations; business, professional labor, political and other organizations; and private households.

13. Professional, Scientific and Technical Services (NAICS 54). Includes legal services; accounting, tax preparation, bookkeeping and payroll services; architectural services; drafting services; building inspection services; mapping services; testing laboratories; computer system design and related services; management, scientific and technical consulting services; environmental consultants; research and development services; engineering design; advertising and related services; veterinary services; photographic services; and management consulting.

14. Real Estate and Rental and Leasing (NAICS 53). Includes real estate, rental and leasing services.

15. Retail Trade (NAICS 44 – 45). Includes motor vehicles and parts; furniture, electronics and appliances; building materials; food and beverage stores; gasoline stations; clothing and accessories; sporting goods; hobby; book and music; general merchandise; miscellaneous store retailers; and nonstore retailers.

16. Transportation, Communications, Electric, Gas, and Sanitary Services (NAICS 48 – 49). Includes air; railroad; water; truck; transit and ground passenger; pipeline; scenic and sightseeing; support activities for transportation; postal service; and couriers and messengers.

17. Utilities (NAICS 22). Includes power generation, transmission and distribution; natural gas; water; sewage and other systems.

18. Wholesale Trade (NAICS 42). Includes durable and nondurable goods.

19. Unclassified Establishments (NAICS 99).

B. Class 2 – Regulated Adult Entertainment Business (Regulated Adult Entertainment Businesses As Defined in Chapter 8.30 BMC). Includes adult entertainment and related businesses; adult arcades, cabarets, motels, motion picture theaters and bookstores.

C. Class 3 – Regulated Adult Entertainment Employees, Entertainers and Managers (Regulated Adult Entertainment Managers or Entertainers As Defined in Chapter 8.30 BMC). Includes adult entertainment managers or entertainers of adult cabarets and adult arcades.

D. Class 4 – Exempt (Exempt Businesses). Includes not-for-profit organizations (must hold federal status certificate), Chamber of Commerce and city-sponsored events (businesses must be registered under the sponsor), and charitable and fundraising organizations, excluding local, state, and federal entities. (Ord. 2484 § 1, 2001)

5.10.030 Application for license.

Every person or business required to procure a license under the provisions of any ordinance or law of the city shall submit an application for such license to the office of the city clerk. Such application shall be updated periodically at the discretion of the city clerk to assure that all required information is current. The application shall be a written statement upon a form provided by the city clerk. All licenses shall bear the name of the licensee and shall designate the nature of the business, trade or profession operated by the licensee. It shall also designate the location where the business, trade or profession is carried on, the date of the application, the first date of activity in Blaine, the date of issuance of the license, and any other information the city clerk finds necessary to the fair administration of this chapter. Each license shall at all times be conspicuously posted in the place of business for which it is issued. (Ord. 2484 § 1, 2001)

5.10.040 Investigation – Issuance and denial.

A. Upon submission of a new application, the applicant shall pay the fee as determined by the business classification. Prior to the city granting a business license, any necessary investigations by the public safety director, fire marshal, CED director and the finance director pertaining to the applicant and the new business premises will be conducted. A subsequent recommendation shall be made to the city clerk. The license will not be issued until all applicable investigations have been completed.

B. In determining whether or not to recommend issuance of a business license, the following information shall be considered:

1. Fraud, misrepresentation or false statement in the application for license;

2. Conviction of the business entity or any of its principals of any crime;

3. Conducting prior business in an unlawful manner or in such a manner as to constitute a menace to the health, safety or general welfare of the public;

4. Failure on the part of the business entity or its operators or principals to comply with the lawful order of any court of competent jurisdiction to pay any fines, penalties or forfeitures or otherwise be in contempt of such court;

5. Failure on the part of the business entity or its operators or principals to be in compliance with any Blaine Municipal Code or Washington State code.

C. A negative recommendation shall cause the city clerk to deny the business license. The applicant shall be so apprised within 10 calendar days of the findings by regular mail. The applicant may appeal the recommendation. Such appeal shall be heard by the city manager. In the event of denial of a business license, the applicant will not receive a refund.

D. In the event no negative response is received, and if the city clerk finds the application to be correct, the city clerk shall issue a license. Issuance of a business license shall not constitute the creation of a duty by the city to indemnify the licensee for any wrongful acts against the public or to guarantee the quality of goods, services or expertise of a licensee.

E. Applications for renewal will be subject to the investigation procedures described in this chapter, if the public safety director, fire marshal, CED director, or finance director have reasonable cause to suspect that any of the causes listed for denial of an application enumerated in subsection B of this section exist at the time of renewal. (Ord. 2484 § 1, 2001)

5.10.050 Temporary license for unclassified activity.

In the event the new application for a business license pertains to an activity unclassified in this chapter, the applicant shall pay a $75.00 minimum fee and be issued a 30-day temporary license to allow the administrative fiscal committee to classify the applicant’s activity. When such classification has been determined, the applicant shall either pay the applicable license fee for the class determined, or, if applicable, receive a refund, and shall thereupon be issued an annual license. (Ord. 2484 § 1, 2001)

5.10.060 Multiple places of business – Posting.

If a person or business is transacting the same type of business at two or more separate locations within the city, a master license shall be required. The person shall pay for the primary fee of his particular class plus 30 percent of the determined classification fee for each additional business. Each license shall at all times be conspicuously posted in the place of business for which it is issued. (Ord. 2484 § 1, 2001)

5.10.070 Due date – Delinquency charges.

A. The license required by the terms of this chapter shall be renewed by an existing business prior to January 31st of the calendar year. If January 31st is a Saturday, Sunday or holiday, then the due date is extended through the next business day, or prior to the commencement of business in the city, whichever date is later.

B. For any license not renewed by an existing business prior to March 15th, there is assessed, and there shall be collected by the finance director, in addition to the annual license fee, a delinquency charge computed at 25 percent. Should an existing business not renew a license prior to March 15th, the business will be considered to be operating without a license, and will be charged under BMC 5.10.240. If March 15th is a Saturday, Sunday or holiday, then the delinquency date is extended through the next business day, or prior to the commencement of business in the city, whichever date is later.

C. Any new business coming into the city and starting between January 1st and June 30th of any year shall pay, at the time of application, the full amount of the fee for that year.

D. Any new business coming into the city and starting after June 30th of any year shall pay, at the time of application, one-half of the original amount of the fee for the balance of that year. (Ord. 2592 § 1, 2004; Ord. 2484 § 1, 2001)

5.10.080 Expiration.

The business license referred to in this chapter shall expire at the end of the calendar year for which it is issued and a new license shall be required for each year. (Ord. 2484 § 1, 2001)

5.10.090 Changes in business ownership, location, structure, etc.

Where a place of business has changed, either by building modification, location, operations or persons operating, owning or managing the business, the licensee shall make a new application to the office of the city clerk prior to the change. The city clerk shall then, prior to the issuance of a new license, submit the application to the public safety director, the fire marshal, the finance director and the CED director of the city for approval. The business license shall be issued only if compliance is met per BMC 5.10.040. There shall be no additional fee assessed providing the annual fee has been paid. The new business license issued shall have the same expiration date. Where there is a change in business classification, additional fees may be assessed. (Ord. 2484 § 1, 2001)

5.10.100 Use of another’s license.

No person to whom a license has been issued pursuant to this chapter shall suffer or allow any other person for whom a separate license is required to operate under or display such license, other than the purchaser of the same business. (Ord. 2484 § 1, 2001)

5.10.110 Contractors from outside city.

Outside contractors coming into the city to perform work in their craft shall purchase a business license prior to obtaining required permits for a specific project. (Ord. 2484 § 1, 2001)

5.10.120 Businesses.

Any person(s), firm, corporation or partnership which transacts business within the city, or who engages in a retail sales taxable activity whose point of sale originates within the city per Chapter 82.08 RCW; or who advertises within the city using signage; or who makes deliveries to or from a point within the city; shall make application and pay for an annual business license fee as provided herein for each calendar year in which any such transaction occurs. There shall be an exclusion for professionals called to appear before the city council, city commission, city board or municipal court. This exclusion does not extend to those person(s) appointed or contracted to perform within these city functions. Business shall include all activities engaged in with the object of gain, benefit, or advantage to the taxpayer or to another person or class, directly or indirectly, per Chapter 82.04 RCW as now or hereafter amended. (Ord. 2562 § 1, 2003; Ord. 2484 § 1, 2001)

5.10.130 License fee – Levied.

There is levied upon and shall be collected from and paid, as provided in this chapter, by every person on account, and for the privilege of engaging in business activities within the city, an annual license fee per calendar year, or any portion thereof, in a sum equal to the amounts set forth for the various business activities as classified in the following sections of this chapter. (Ord. 2484 § 1, 2001)

5.10.140 License fee – Code 1.

Class 1, and for which the business does not have a home occupation permit, and for which the fee is $75.00. (Ord. 2484 § 1, 2001)

5.10.150 License fee – Code 2.

Class 1, and for which the business has a home occupation permit (as defined in Chapter 17.66 BMC), and for which the fee is $25.00. (Ord. 2484 § 1, 2001)

5.10.160 License fee – Code 3.

Class 2, regulated adult entertainment business activity, as defined in BMC 5.10.020(B), for which the fee is $500.00 plus any other fees as listed in Chapter 8.30 BMC. (Ord. 2484 § 1, 2001)

5.10.170 License fee – Code 4.

Class 3, regulated adult entertainment employees and entertainers of adult cabarets or adult arcades, as defined in BMC 5.10.020(C) and Chapter 8.30 BMC, for which the fee is $75.00. (Ord. 2484 § 1, 2001)

5.10.180 License fee – Code 5.

Class 4, exempt business activity, as defined in BMC 5.10.020(D), for which the fee is $0.00. (Ord. 2484 § 1, 2001)

5.10.190 Reclassification of businesses.

Businesses have the right to apply for reclassification of their businesses, if justified. (Ord. 2484 § 1, 2001)

5.10.200 Combined classification businesses.

Any person operating a business at a single location, under one ownership, comprising of a combination of the classifications set out in this chapter, shall be required to procure only one license, the fee to be based upon the fee required for the activity falling within the higher classification, excluding regulated businesses included under Class 2 and Class 3. (Ord. 2484 § 1, 2001)

5.10.210 Debt status – Collection proceedings.

Any license fee due or unpaid under this chapter, and all penalties thereon, shall constitute a debt to the city, and may be collected in the same manner as any other debt in like amount, which remedy shall be in addition to all other existing remedies, and in case of suit, the city shall be entitled to recover reasonable attorneys’ fees and costs of suit. (Ord. 2484 § 1, 2001)

5.10.220 Administration and enforcement by finance director.

A. The finance director shall keep full and accurate records of all funds received under the provisions of this chapter. Upon receipt of any license fee and/or penalty collected under the provisions of this chapter, the finance director shall deposit the same to the credit of the current expense fund.

B. It shall be the duty of the city clerk to require all parties engaging in any business activity to procure such license, and should there be any license fee not paid by any person, it shall be the duty of the finance director to enforce this chapter, including the collection of any license fees not paid by any person and to prevent violation of this chapter, in the manner provided in this chapter, which may include seeking injunctive relief in Whatcom County superior court to bar any entity, person or party from engaging in or transacting any business without that business having a valid business license issued by the city of Blaine.

C. In the event that a person or entity makes an application for a new license, which by the terms of this chapter includes the renewal of a license, and the applicant is denied the new license, the city clerk shall notify the applicant of the denial and the reason therefor in the same manner as provided for in subsection D of this section.

D. Notice of such denial shall be mailed by United States registered mail, return receipt requested, to the licensee as listed on the business license application, or to the person listed with the Secretary of the Department of Licensing as the registered agent, for service of process or by hand delivery of such notice by a police officer to the person in charge of or operating such business for service of process.

1. The denial of the license will take effect 10 business days after mailing of the notice or actual delivery of the notice, whichever is sooner.

2. The licensee may appeal the denial by requesting, in writing, a hearing before the city Manager, or his or her designee, within 20 business days of the mailing by certified mail, or actual delivery of notice of such revocation, whichever is sooner. The written request for a hearing must be delivered to the city clerk by close of business on the twentieth business day after effective date of the denial of the license. Thereafter, the city manager or his designee shall schedule a hearing within 10 business days of the receipt of a request for a hearing. The licensee shall be afforded the opportunity to be heard in person or in writing as to why the action should not be taken. In the case of an operating business that is seeking renewal of the license or a new license, the licensee may continue to operate the business until such time as the city manager or his designee issues a written decision.

3. The city manager shall render a final decision in writing within 10 days of such hearing. The written decision shall be mailed by United States certified mail, return receipt requested, to the licensee as listed on the business license application, or to the person listed with the Secretary of the Department of Licensing as the registered agent, for service of process or by hand delivery of such notice by a police officer to the person in charge of or operating such business, or other such address as specified by the business in the request for an appeal. The city manager’s decision shall be the final decision of the city.

4. Any appeals of the city manager’s decision must be made by filing the appropriate action in Whatcom County superior court within 30 days of the date of the city manager’s decision, unless a shorter time period is prescribed by law. If the city manager determines that the license was properly denied, then no operation of the business shall be allowed after issuance of the written decision of the city manager. However, should the applicant file an appeal with the superior court, the applicant may seek a stay of the denial upon application to the superior court for such a stay, and the court may, in its discretion, grant a stay upon such terms and conditions which the court deems just and equitable, which may include, without limitation, the requirement of posting a bond by the appellant business owner; provided, however, that the court has not already issued a restraining order or injunction barring the business from operating without a valid license.

5. Should the license applicant fail to file an appeal to the city manager of the denial of the license application within 20 days of the date of mailing of notice of denial as set forth in subsection (D)(2) of this section, there shall be no further right of appeal. Thereafter, any person and/or entity who continues to transact business and/or work at such business shall be deemed to be operating without a business license, shall be subject to any or all penalties provided in this chapter, and shall be guilty of a misdemeanor.

E. Denial of an application for the renewal of a business license shall include a notice being posted at the business that it may no longer operate in the city, and a copy of the posted notice shall also be mailed by registered mail to the owner and/or operator of the business. (Ord. 2511 § 1, 2002; Ord. 2484 § 1, 2001)

5.10.230 Revocation of licenses.

A. Licenses issued under the provisions of this chapter may be revoked by the city clerk, at the request of the public safety director, fire marshal, CED director, or finance director, or designees, for any of the following causes:

1. Fraud, misrepresentation or false statement in the application for license;

2. Conviction of the business entity or any of its principals of any crime;

3. Conducting prior business in an unlawful manner or in such a manner as to constitute a menace to the health, safety, or general welfare of the public;

4. Failure on the part of the business entity or its operators or principals to comply with the lawful order of any court of competent jurisdiction to pay any fines, penalties or forfeitures or otherwise be in contempt of such court;

5. Failure on the part of the business entity or its operators or principals to be in compliance with any Blaine Municipal Code or Washington State code.

B. Notice of such revocation of a license shall be mailed by United States certified mail, return receipt requested, to the licensee as listed on the business license application, or to the person listed with the Secretary or Department of Licensing as the registered agent, for service of process or by hand delivery of such notice by a police officer to the person in charge of such business.

1. The revocation will take effect 10 business days after delivery of the notice.

2. The licensee may appeal the revocation by requesting a hearing before the city clerk, or his or her designee, within 10 business days of receipt of notice of such revocation, by certified mail. The licensee shall be afforded the opportunity to be heard as to why the action should not be taken.

3. The city clerk shall render a decision in writing within five days of such hearing. Should the applicant appeal, the revocation will be stayed until the city clerk’s written decision has been issued.

4. The applicant may appeal the decision of the city clerk to the city manager by requesting in writing, within five business days of the city clerk’s final decision, that the city clerk schedule a hearing with the city manager.

5. The city manager shall hear the appeal within 10 business days of the city clerk’s decision. The city manager’s decision in the matter shall be final and in writing. Should the applicant appeal, the revocation will be stayed until the city manager’s final decision has been issued.

6. Should the licensee fail to respond within 10 days, such licensee who continues to do business shall be deemed to be operating without a business license and shall be subject to any or all penalties provided in this chapter.

C. Revocation of a business license shall include a notice being posted at the business that it may no longer operate in the city, and a copy of the posted notice shall also be mailed by certified mail to the owner and/or operator of the business.

D. Any business continuing to operate without a business license, or where a business license has been revoked, shall be guilty of a misdemeanor. (Ord. 2484 § 1, 2001)

5.10.240 Violations – Penalties.

A. Any person violating or failing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor punishable by a fine not exceeding $1,000 and/or imprisonment not exceeding 90 days, or both, for the violation of this chapter. Every corporation, and every person representing or pretending to represent such corporation as an officer, agent or employee thereof, who shall transact, solicit or advertise for any business in the city, before such corporation shall have obtained a valid business license from the city, shall be guilty of a misdemeanor punishable by a fine not exceeding $1,000 and/or imprisonment not exceeding 90 days, or both. Any person who engages in or carries on any business subject to a license fee under this chapter, without having a business license to do so, shall be guilty of a misdemeanor punishable by a fine not exceeding $1,000 and/or imprisonment not exceeding 90 days, or both, for each day during which the business is so engaged in or carried on. Any person who fails or refuses to pay the license fee, or any part thereof, on or before the due date shall be deemed to be operating without having a license to do so and shall be guilty of a misdemeanor punishable by a fine not exceeding $1,000 and/or imprisonment not exceeding 90 days, or both.

B. Each incident of transacting business shall constitute and be deemed a separate offense. Each day that a business is open for business, regardless of whether any sales occur, shall constitute a separate offense.

C. In the event any person or entity engages in or carries on any business subject to a license fee under this chapter without having a valid business license to do so, or is subject to license denial pursuant to BMC 5.10.040 or revocation pursuant to BMC 5.10.230(A), the city may, at its option and election, and in addition to any other remedies provided for in this chapter, seek injunctive relief in Whatcom County superior court barring such a person or entity from engaging in or carrying on any business subject to a license fee under this chapter, until such time as a valid license has been obtained from the city of Blaine, including paying and curing any unpaid fines, penalties, assessments, charges or other obligations or requirements. Such injunctive relief may be pursued regardless of whether or not a criminal citation is filed. (Ord. 2511 § 2, 2002; Ord. 2484 § 1, 2001)

Chapter 5.12
ESCORT BUREAUS AND
INTRODUCTORY SERVICES

Sections:

Article I. Escort Bureaus

5.12.010 Defined.

5.12.020 Provisions supplemental to business license.

5.12.030 Permit issuance authority.

5.12.040 Approval authority – Investigation.

5.12.050 Permit required when.

5.12.060 Application – Who shall apply.

5.12.070 Application – Content.

5.12.080 Grounds for denial of permit.

5.12.090 General business license requirements apply.

5.12.100 Fee for permit.

5.12.110 Bond or deposit.

5.12.120 Registration of escorts.

5.12.130 Recordkeeping requirements.

5.12.140 Permit issued only to individuals.

5.12.150 Acting as escort when unregistered.

5.12.160 Age of employees.

5.12.170 General prohibitions apply.

5.12.180 Revocation and suspension.

Article II. Introductory Services

5.12.190 Defined.

5.12.200 Provisions to supplement business license provisions – Controlling provisions.

5.12.210 Authority to issue permits.

5.12.220 Authority to approve permits – Investigation.

5.12.230 Permit required when.

5.12.240 Application – Responsible individual.

5.12.250 Application – Contents.

5.12.260 Denial of permit.

5.12.270 General business license requirements apply.

5.12.280 Bond or deposit.

5.12.290 Registration of employees.

5.12.300 Revocation and suspension.

Article I. Escort Bureaus

5.12.010 Defined.

“Escort bureau” means any business or agency which, for pecuniary compensation or any consideration, furnishes, or offers to furnish, escorts, persons who accompany others to, from or about social affairs, entertainments, places of public assembly or places of amusement, or who consort with others for hire or reward about any place of public resort or within any private quarters. (Ord. 1481 § 1.101, 1977; prior code § 5-1401)

5.12.020 Provisions supplemental to business license.

The provisions of this article are intended to augment and be in addition to the provisions of Chapter 5.10 BMC, providing for a business license tax. Whenever the provisions of this article impose a greater restriction upon persons, premises or practices than is imposed by the general business license regulations, the provisions of this article shall control. (Ord. 1481 § 3.103(a), 1977; prior code § 5-1403(A))

5.12.030 Permit issuance authority.

The issuing authority shall be the city clerk. (Ord. 1481 § 5.105(a), 1977; prior code § 5-1405(A))

5.12.040 Approval authority – Investigation.

A. The approving authorities shall be the city clerk and the police chief.

B. The police chief shall conduct an investigation of the applicant and the applicant’s employees with respect to determining their character, reputation and moral integrity. In making such determination the police chief shall consider:

1. Penal history: all convictions, the reasons therefor, and the demeanor of the applicant or the applicant’s employees subsequent to their release; and

2. License history: the license history of the applicant or the applicant’s employees and whether such person, in previously operating in this or another city or state under a license, has had such license revoked or suspended, the reasons therefor, and the demeanor of the applicant subsequent to such action. (Ord. 1481 § 5.105(b), 1977; prior code § 5-1405(B))

5.12.050 Permit required when.

A. Permit Required. No person shall engage in, conduct or carry on the business of an escort bureau without first applying for and receiving a permit therefor from the city clerk.

B. Exemptions. The provisions of this article shall not apply to or affect the lawful business of any employment agency licensed under the law of the state. (Ord. 1481 § 2.102, 1977; prior code § 5-1402)

5.12.060 Application – Who shall apply.

The permit shall be issued only upon the application in writing of the individual to be in control of, and personally responsible for, the operation and conduct of the escort bureau. (Ord. 1481 § 3.103(b), 1977; prior code § 5-1403(B))

5.12.070 Application – Content.

In addition to the requirements of BMC 5.12.020, the application shall contain the following information concerning the applicant and each escort:

A. Name and present address;

B. Last two previous addresses;

C. Business, occupation or employment for the three years immediately preceding the application;

D. Height, weight and color of eyes;

E. Photographs and fingerprints; and

F. Such other identification and information as the police chief may consider necessary to determine the character, moral integrity and reputation of the applicant. (Ord. 1481 § 5.105(c), 1977; prior code § 5-1405(C))

5.12.080 Grounds for denial of permit.

The police chief shall deny the application for the permit if the character, reputation or moral integrity of the applicant or the applicant’s employees is found to be inimical to the public health, safety, morals or general welfare. The city clerk shall deny the application if the information ascertained by him reveals the application does not comply with the requirements of this article. Disapproval by either of the approving authorities shall constitute disapproval of the permit. (Ord. 1481 § 5.105(d), 1977; prior code § 5-1405(D))

5.12.090 General business license requirements apply.

The general requirements for the application and issuance of licenses common to all businesses as specified in Chapter 5.10 BMC are applicable. (Ord. 1481 § 5.105(e), 1977; prior code § 5-1405(E))

5.12.100 Fee for permit.

A permit fee in the amount of $50.00 per year shall be paid. (Ord. 1481 § 7-107, 1977; prior code § 5-1407)

5.12.110 Bond or deposit.

A. The applicant shall furnish to the city clerk a corporate surety bond in the principal sum of $5,000 for each escort, conditioned as follows:

1. Upon the observance by the applicant and each escort of all the provisions of this article; and

2. Upon the truth of all representations made in connection with the application for such license.

B. Such bond, upon its termination, shall be made to inure to the benefit of any person injured or aggrieved as the result of loss or damage on the part of any escort and shall provide that any such injured or aggrieved person shall have the right of independent action thereon for a period of 60 days from and after the day upon which such loss or damage occurred which constitutes the basis of such action.

C. A certified check, cashier’s check or cash deposit in the amount prescribed in subsection A of this section may be furnished to the city by the applicant, at his option, in lieu of the required bond. Any such check or cash deposit shall be subject to the same conditions as the required bond. In the event the applicant complies with all of the provisions of this article and all of the conditions of the permit, the city shall return such check or cash deposit to the permittee 60 days after the last date of such sale. Otherwise, so much of such sum as is necessary, in the opinion of the city clerk, to satisfy the violation of the conditions shall be forfeited to the city. In the event the city refuses to grant the applicant a permit, such certified check, cashier’s check or cash deposit shall be returned forthwith to the depositor. (Ord. 1481 § 6.106, 1977; prior code § 5-1406)

5.12.120 Registration of escorts.

All escorts employed by the permittee shall be registered with, and issued an identification card by, the police department within 24 hours after accepting such employment. The permittee shall further notify the police department in writing within 24 hours of any change in personnel employed by the escort business. (Ord. 1481 § 3.103(c), 1977; prior code § 5-1403(C))

5.12.130 Recordkeeping requirements.

The permittee shall maintain a duplicate record of every transaction whereby any escort is employed, engaged or arranged for on behalf of any patron, customer or person. The duplicate of such record shall be filed with the police department within 24 hours after such transaction and shall include the following information:

A. The date and hour of the transaction;

B. The name, address and telephone number of the patron, customer or person requesting or employing the escort; and

C. The name of the escort furnished. (Ord. 1481 § 3.103(d), 1977; prior code § 5-1403(D))

5.12.140 Permit issued only to individuals.

No permit shall be issued to or in the name of any organization, group, corporation, partnership or entity other than an individual person; provided, however, that the escort bureau may be advertised and carried on by the permittee under a fictitious name as permitted by law and; provided further, that the proposed name is included in the application and is approved by the clerk. (Ord. 1481 § 4.104(a), 1977; prior code § 5-1404(A))

5.12.150 Acting as escort when unregistered.

No person shall act as an escort, whether self-employed, employed by a permittee of the city, or employed by an agency having its principal place of business outside the city, until such escort has been issued an identification card by the police department. (Ord. 1481 § 4.104(b), 1977; prior code § 5-1404(B))

5.12.160 Age of employees.

No permittee shall employ any person under 21 years of age as an escort or in any other capacity. (Ord. 1481 § 4.104(c), 1977; prior code § 5-1404(C))

5.12.170 General prohibitions apply.

The general prohibitions common to all businesses as specified in Chapter 5.10 BMC shall be applicable. (Ord. 1481 § 4.104(d), 1977; prior code § 5-1404(D))

5.12.180 Revocation and suspension.*

A. General. The provisions of BMC 5.10.230 relating to revocation, suspension and appeals shall be applicable.

B. Additional Grounds. In addition to the grounds for revocation or suspension as set forth in subsection A of this section, the violation of any of the provisions of this article or failure to comply with them shall also constitute grounds for revocation or suspension. (Ord. 1481 § 8.108, 1977; prior code § 5-1408)

* For additional revocation and suspension provisions applicable to this article, see BMC 5.12.300(B).

Article II. Introductory Services

5.12.190 Defined.

“Introductory service” means a service offered or performed for any pecuniary consideration by any person, the principal purpose of which is to aid individuals to become socially acquainted or to otherwise assist individuals to meet for social purposes, or which service is generally known by the offering or performing party to be used by the recipients thereof for the purpose of obtaining information about others to be used for social purposes. (Ord. 1481 § 1.201, 1977; prior code § 5-1410)

5.12.200 Provisions to supplement business license provisions – Controlling provisions.

The provisions of this article are intended to augment and be in addition to the provisions of Chapter 5.10 BMC providing for a business license tax. Whenever the provisions of this article impose a greater restriction upon persons, premises or practices than is imposed by the general business license regulations, the provisions of this article shall control. (Ord. 1481 § 3.203(a), 1977; prior code § 5-1412(A))

5.12.210 Authority to issue permits.

The issuing authority is the city clerk. (Ord. 1481 § 4.204(a), 1977; prior code § 5-1413(A))

5.12.220 Authority to approve permits – Investigation.

A. The approving authorities shall be the city clerk and the police chief.

B. The police chief shall conduct an investigation of the applicant and the applicant’s employees with respect to determining their character, reputation and moral integrity. In making such determination the police chief shall consider:

1. Penal history: all convictions, the reasons therefor, and the demeanor of the applicant and the applicant’s employees subsequent to their release; and

2. License history: the license history of the applicant or the applicant’s employees and whether such person, in previously operating in this or another city or state under a license, has had such license revoked or suspended, the reasons therefor, and the demeanor of the applicant subsequent to such action. (Ord. 1481 § 4.204(b), 1977; prior code § 5-1413(B))

5.12.230 Permit required when.

A. Permit Required. No person shall engage in, conduct or carry on the business of an introductory service without first applying for and receiving a permit therefor from the city clerk.

B. Exemptions. The provisions of this article shall not apply to or affect the lawful business of any employment agency licensed under the laws of the state. (Ord. 1481 § 2.202, 1977; prior code § 5-1411)

5.12.240 Application – Responsible individual.

The permit shall be issued only upon the application in writing of the individual to be in control of, and personally responsible for, the operation and conduct of the introductory service. (Ord. 1481 § 3.203(b), 1977; prior code § 5-1412(B))

5.12.250 Application – Contents.

In addition to the requirements of BMC 5.12.200, the application shall contain the following information concerning the applicant and each employee:

A. Name and present address;

B. Last two previous addresses;

C. Business, occupation or employment for the three years immediately preceding the application;

D. Height, weight, and color of eyes and hair;

E. Photographs and fingerprints; and

F. Such other identification and information as the police chief may consider necessary to determine the character, moral integrity and reputation of the applicant. (Ord. 1481 § 4.204(c), 1977; prior code § 5-1413(C))

5.12.260 Denial of permit.

The police chief shall deny the application for the permit if the character, reputation or moral integrity of the applicant or the applicant’s employees is found to be inimical to the public health, safety, morals or general welfare. The city clerk shall deny the application if the information ascertained by him reveals the application does not comply with the requirements of this article. Disapproval by either of the approving authorities shall constitute disapproval of the permit. (Ord. 1481 § 4.204(d), 1977; prior code § 5-1413(D))

5.12.270 General business license requirements apply.

The general requirements of the application and issuance of licenses common to all businesses as specified in Chapter 5.10 BMC shall apply. (Ord. 1481 § 4.204(e), 1977; prior code § 5-1413(E))

5.12.280 Bond or deposit.

A. The applicant shall furnish to the city clerk and maintain in effect at all times during the existence of a permit granted pursuant to this article a corporate surety bond in the total principal sum of $5,000, conditioned as follows:

1. That the principal and each of its officers, employees and agents shall faithfully abide by and conform to the provisions of this article. Such bond shall be made to inure to the benefit of the city and any person suffering damage by reason of any violation of any of these conditions of such bond; provided, however, that the aggregate liability of the principal and surety under this bond in no event shall exceed the sum of $5,000;

2. No claim may be filed under such bond with the surety after 90 days subject to the cancellation of such bond. Such bond shall not be cancelled until 30 days after receipt by the city clerk of a written notice signed by such surety or its duly authorized agent, stating that the liability of such surety is to be terminated and cancelled; nor shall any suit be brought against the principal or surety under the aforesaid bond after six months subsequent to the termination of the bond as provided in this section.

B. A certified check, cashier’s check or cash deposit in the amount prescribed may be furnished to the city by the applicant at his option in lieu of the required bond. Any such check or cash deposit shall be subject to the same conditions as the required bond. In the event the applicant complies with all of the provisions of this article and all of the conditions of the permit the city shall return such check or cash deposit to the permittee 60 days after the last date of such sale. Otherwise, so much of such sum as is necessary, in the opinion of the city clerk, to satisfy the violation of the condition shall be forfeited to the city. In the event the city refuses to grant the applicant a permit such certified check, cashier’s check or cash deposit shall be returned forthwith to the depositor. (Ord. 1481 § 5.205, 1972; prior code § 5-1414)

5.12.290 Registration of employees.

The permittee and all persons employed by the permittee shall be registered with the police department within 24 hours after accepting such employment. The permittee shall further notify the police department in writing within 24 hours of any change in personnel employed by the introductory service. (Ord. 1481 § 3.203(c), 1977; prior code § 5-1412(C))

5.12.300 Revocation and suspension.

A. General License Provisions. The provisions of BMC 5.10.230 relating to revocation, suspension and appeals shall be applicable.

B. Fraud, Moral Turpitude and Detriment to Public Welfare. The city council reserves unto itself the power to suspend or revoke any license issued under the provisions of this chapter at any time where the license was procured by fraud or false representation of facts, or for violation of any of, or failure to comply with, the provisions of this chapter by the person holding such license or any of his servants, agents or employees, or the conviction of the person holding such license of any crime or offense involving moral turpitude or the conviction of any of his servants, agents or employees of any crime or offense involving moral turpitude committed on the premises in which the licensed establishment is located, or in the event that it is determined that the future operation of such establishment would be detrimental to the public welfare of the citizens of the city.

C. Violation or Failure to Comply. In addition to the grounds for revocation or suspension as set forth in subsection A of this section, the violation of any of the provisions of this article or failure to comply with them shall also constitute grounds for revocation or suspension. (Ord. 1481 § 1.206, 1977; prior code § 5-1415)

Chapter 5.16
FIREWORKS

Sections:

5.16.010 Title.

5.16.020 Intent.

5.16.030 Definitions.

5.16.040 Retail sales license – Required – Fee.

5.16.050 Application for license.

5.16.060 Qualifications of licensees.

5.16.070 Preference for previous licensees.

5.16.080 Number of licenses.

5.16.090 Licensee to operate stand and receive benefits.

5.16.100 Period of lawful sale or use.

5.16.110 Stand specifications and operation.

5.16.120 Violation – Penalty.

5.16.010 Title.

This chapter shall be known and may be cited as the “fireworks regulations of the city of Blaine, Washington.” (Ord. 1211 § 2, 1964; prior code § 7-402)

5.16.020 Intent.

It is the intent of this chapter to provide a procedure for the granting of licenses, and the possession, sale and discharge of “safe and sane” fireworks, classified as such by the State Fire Marshal, and not to permit the possession, sale and use of any other fireworks classified as dangerous fireworks by Chapter 70.77 RCW. (Ord. 1211 § 1, 1964; prior code § 7-401)

5.16.030 Definitions.

As used in this chapter:

A. “Dangerous fireworks”: every fireworks article which does not bear the “safe and sane” classification label of the State Fire Marshal shall be deemed “dangerous fireworks.”

B. “Safe and sane fireworks” includes only fireworks that have been classified and registered as “safe and sane” by the State Fire Marshal in conformity with Chapter 70.77 RCW. (Ord. 1211 §§ 3, 4, 1964; prior code §§ 7-403, 7-404)

5.16.040 Retail sales license – Required – Fee.

It is unlawful for any person to engage in the retail sale of fireworks within the city without first having obtained a license from the city clerk. The annual fee to be charged for the issuance shall be $10.00, which fee shall cover but one retail sales outlet. (Ord. 1211 § 5, 1964; prior code § 7-405)

5.16.050 Application for license.

Application for license:

A. Shall be made in writing accompanied by a license fee of $10.00;

B. Shall be made on or prior to the third Monday of April of each year. Applicants for any such license shall be notified by the city clerk of the granting or rejection of their application on or before the first Monday in May of each calendar year. If any applicants are not granted a license, the fee shall be refunded;

C. Shall set forth the proposed location of the fireworks stand applied for;

D. Shall be accompanied by an assurance that if the license is issued to the applicant, the applicant shall, at the time of receipt of such license, deliver to the city clerk a $50,000 to $100,000 public liability and $5,000 property damage insurance policy, with rider attached to the policy designating the city as an additional assured thereunder. (Ord. 1211 § 8, 1964; prior code § 7-408)

5.16.060 Qualifications of licensees.

The fireworks license shall be issued only to such applicants who meet the following qualifications:

A. Nonprofit charitable, religious or eleemosynary corporations, corporations, organizations, organized and existing primarily for veteran, patriotic, religious, charitable or civic betterment purposes;

B. The corporation or association has its principal and permanent meeting place in or near the city and has been established in the city for a period of at least one year prior to the date application is made for a fireworks license. (Ord. 1211 § 7, 1964; prior code § 7-407)

5.16.070 Preference for previous licensees.

Applicants for renewal of license shall be given preference over applications for license by persons not previously licensed; provided, that if the holder of the license fails to make application for renewal by the third Monday in April, the preference shall be forfeited. (Ord. 1211 § 9, 1964; prior code § 7-409)

5.16.080 Number of licenses.

No one organization may receive more than one license for fireworks sales during any one calendar year. The maximum number of licenses which may be issued pursuant to this chapter during any one calendar year shall not exceed one license for each 1,000 residents of the city or fraction thereof, according to the last official census. (Ord. 1211 § 10, 1964; prior code § 7-410)

5.16.090 Licensee to operate stand and receive benefits.

No person other than the licensee organization shall operate the stand for which the license is issued, or share or otherwise participate in the benefits of the operation of such stand. (Ord. 1211 § 11, 1964; prior code § 7-411)

5.16.100 Period of lawful sale or use.

It is unlawful for any person to offer for retail sale, sell at retail or use any fireworks within the city except from noon on June 28th to noon on July 6th of each year. (Ord. 1211 § 6, 1964; prior code § 7-406)

5.16.110 Stand specifications and operation.

All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand, and the sale from any other building or structure is prohibited. Temporary stands shall be subject to the following provisions:

A. No fireworks stand shall be located within 25 feet of any other building, nor within 50 feet of any gasoline station.

B. Fireworks stands need not comply with the provisions of the building code of the city; provided, however, that all stands shall be erected under the supervision of the fire chief, who shall require that those stands be constructed in a manner and place which ensures the safety of attendants and patrons. Safety-approved fire extinguishers shall be maintained at stands at all times.

C. No fireworks stand shall be located closer than 600 feet to another fireworks stand.

D. All weeds and combustible materials shall be cleared from the location of the stand, including a distance of at least 20 feet surrounding the stand.

E. “No Smoking” signs shall be prominently displayed on the fireworks stand.

F. Each stand shall be operated by adults only. No fireworks shall be left unattended in a stand.

G. All unsold stock, accompanying litter and the fireworks stand shall be removed from the location and the city by noon on July 6th of each year. (Ord. 1211 § 12, 1964; prior code § 7-412)

5.16.120 Violation – Penalty.

Any person violating this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $100.00 or by imprisonment in the city jail for a period not exceeding 30 days, or by both such fine and imprisonment. (Ord. 1211 § 13, 1964; prior code § 7-413)

Chapter 5.20
ITINERANT AND
TRANSIENT MERCHANTS

Sections:

5.20.010 Defined.

5.20.020 Issuance of license.

5.20.030 Goods not on county tax lists subject to tax.

5.20.040 Violation – Penalty.

5.20.010 Defined.

“Itinerant merchant” or “transient merchant,” as used in this chapter, includes all persons coming within any one of the following cases:

A. All persons who engage in, do or transact any temporary or transient business, either in one locality or in traveling from place to place, and who, for the purpose of carrying on such business, hire, lease or occupy any building or structure for the exhibition and sale of such goods, wares or merchandise within the city;

B. All persons who sell, expose for sale, offer or advertise for sale within the city at any stand, store or place of business, any such goods, wares or merchandise not somewhere fairly and honestly listed for assessment and taxation for the current year;

C. All persons who do not, before or after engaging in the business of selling, exposing, offering or advertising for sale at any stand, store or place of business such stock of goods, make and file with the clerk a verified statement showing their place or places or residence and their place or places of business for all the time during the year just prior to the time of filing the statement. (Ord. 336 § 3, 1909; prior code § 5-203)

5.20.020 Issuance of license.*

Upon payment of the amount, according to the time he engages in such business, the treasurer shall issue to the itinerant or transient merchant a receipt therefor, which receipt shall be surrendered by him to the clerk, who shall issue to him a license permitting him to engage in such business in the city during the time for which payment has been made to the treasurer. (Ord. 336 § 2, 1909; prior code § 5-202)

* Prior code § 5-201, which contained the license-fee amount referred to in this section, was repealed by Ord. 1418.

5.20.030 Goods not on county tax lists subject to tax.

When it is shown by a certified statement of the county assessor or his duly authorized deputy that any such stock of goods, wares or merchandise is not listed for assessment and taxation with the county, this shall be deemed prima facie proof that such goods or any part of them have been acquired by the present owner since the date at which assessment should have been made and shall not relieve the owner from paying the tax and securing the license provided for in this chapter, if the goods have not been listed by the former owner. (Ord. 336 § 4, 1909; prior code § 5-204)

5.20.040 Violation – Penalty.

Any person violating any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not to exceed $100.00. Each day he so engages in the business without paying the tax and securing the license constitutes a separate offense, and shall be punished accordingly. (Ord. 336 § 5, 1909)

Chapter 5.24
LIQUOR LICENSES AND REGULATIONS*

Sections:

5.24.010 Applicability of state definitions.

5.24.020 Exempt liquors.

5.24.030 Acting without required state license.

5.24.040 Public consumption of liquor.

5.24.050 Sale to intoxicated persons.

5.24.060 Supplying or permitting consumption by persons under 21 years of age.

5.24.070 Procuring or supplying to sanctioned permittee.

5.24.080 Receiving or taking orders for liquor.

5.24.090 Sale by package or operation of still.

5.24.100 Hours of public sale or consumption.

5.24.110 Misrepresentation of age by minor.

* Editor’s note: The underlying prior code §§ 5-601 – 5-615 of this chapter were previously numbered prior code §§ 1201 – 5-1215.

5.24.010 Applicability of state definitions.

The definitions set forth in Chapter 66.44 RCW should be used in the construction of this chapter, unless the context requires otherwise. (Ord. 840 § 1, 1934; prior code § 5-601)

5.24.020 Exempt liquors.

Nothing in this chapter shall apply to liquors exempt under the provisions of Chapter 66.44 RCW. (Ord. 840 § 2, 1934; prior code § 5-602)

5.24.030 Acting without required state license.

Every person doing any act required to be licensed under Chapter 66.44 RCW without having in force a license issued to him under that act is guilty of a misdemeanor. (Ord. 840 § 8, 1934; prior code § 5-608)

5.24.040 Public consumption of liquor.

Liquor shall not be consumed in any public place except as properly authorized by the Washington State Liquor Control Board. (Ord. 2376 § 1, 1998; Ord. 840 § 3, 1934; prior code § 5-603)

5.24.050 Sale to intoxicated persons.

No person shall sell liquor to any person apparently under the influence of liquor. (Ord. 840 § 4, 1934; prior code § 5-604)

5.24.060 Supplying or permitting consumption by persons under 21 years of age.

Except in the case of liquor given or permitted to be given to a person under the age of 21 years by his parent or guardian for beverage or medicinal purposes or administered to him by his physician or dentist for those purposes, no person shall give or otherwise supply liquor to any person under the age of 21 years or permit any person under that age to consume liquor on his premises nor on any premises under his control. (Ord. 840 § 5, 1934; prior code § 5-605)

5.24.070 Procuring or supplying to sanctioned permittee.

Except in the case of liquor administered by a physician or dentist or sold upon a prescription in accordance with Chapter 66.44 RCW, no person shall procure or supply or assist, directly or indirectly, in procuring or supplying liquor for or to anyone whose permit has been suspended or canceled. (Ord. 840 § 6, 1934; prior code § 5-606)

5.24.080 Receiving or taking orders for liquor.

Except as provided in RCW 66.28.050, no person shall canvass for, solicit or receive or take orders for the purchase or sale of any liquor or act as an agent for the purchase or sale of liquor. (Ord. 840 § 7, 1934; prior code § 5-607)

5.24.090 Sale by package or operation of still.

Except as otherwise provided in Chapter 66.44 RCW, every person who sells liquor other than beer by the bottle or package or who owns or operates any still is guilty of a misdemeanor. (Ord. 840 § 9, 1934; prior code § 5-609)

5.24.100 Hours of public sale or consumption.

No beer or other liquor shall be sold, offered for sale or consumed in any restaurant, tavern or other public place within the city except during the hours prescribed by the Washington State Liquor Control Board or any successor thereof. (Ord. 1248 § 1, 1967; Ord. 1118 § 1, 1957; Ord. 1004 § 1, 1949; Ord. 843 § 1, 1934; Ord. 840 § 10, 1934; prior code § 5-610)

5.24.110 Misrepresentation of age by minor.

Any minor misrepresenting his age for the purpose of purchasing any alcoholic beverage is guilty of a misdemeanor. (Ord. 841 § 2, 1934; Ord. 840 § 11(a), 1934; prior code § 5-614(A))

Chapter 5.28
MASSAGE PARLORS AND BATHHOUSES

Sections:

5.28.010 Necessity of regulation.

5.28.020 Definitions.

5.28.030 Establishment license – Required.

5.28.040 Establishment license – Application.

5.28.050 Establishment license – Fee.

5.28.060 Establishment license – Investigations – Issuance or denial.

5.28.070 Personnel license – Required.

5.28.080 Personnel license – Application.

5.28.090 Personnel license – Fee.

5.28.100 Personnel license – Investigation – Issuance or denial.

5.28.110 Expiration of licenses.

5.28.120 Suspension or revocation – Noncompliance – Detriment to public welfare.

5.28.130 Suspension or revocation – Fraud or deception – Moral turpitude – Refusal to renew.

5.28.140 Required facilities and practices.

5.28.150 Prohibited persons.

5.28.160 Advertising without license.

5.28.170 Liquor distribution or consumption.

5.28.180 Access for inspections.

5.28.190 Exemptions from chapter.

5.28.200 Violation – Penalty.

5.28.010 Necessity of regulation.

The council finds that the regulation and licensing of public massage parlors and public bathhouses and their employees is necessary in the interest of the public welfare of the citizens of the city. (Ord. 1423 § 1, 1975; prior code § 5-1201)

5.28.020 Definitions.

As used in this chapter:

A. “License” means a certificate issued by the city authorizing a holder thereof to:

1. Act as a masseur; or

2. To act as a masseuse; or

3. To act as a public massage parlor attendant; or

4. To act as a public bathhouse attendant; or

5. To operate a public bathhouse; or

6. To operate a public massage parlor.

B. “Massage” means the method, art or science of treating the human body for hygienic, remedial or relaxational purposes by rubbing, stroking, kneading, tapping, rolling or manipulating the human body of another with the hands, or by any other agency or instrumentality. “Massage” includes the use, in connection with massage treatment, of such appliances, equipment and aids as heat lamps, electric cabinets designed to produce heat, steam baths given by cabinet or any other method, mineral baths either as complete or partial baths, baths by tub or shower or otherwise, baths administered hot or cold, using water, natural mineral water, a formula or other liquid, and including colonic irrigation.

Manipulation of the human body in the course of the practice of medicine, surgery, osteopathy, chiropractic, chiropody, naturopathy, dentistry, nursing, physical therapy, optometry or any other of the healing arts by persons licensed by the state to practice such healing arts is not included in the term “massage” as used in this chapter.

C. “Masseur” and “masseuse” mean a male person, or a female person, respectively, who practices massage, or holds himself or herself out as practicing massage, for, or in expectation of, any fee, compensation or monetary consideration.

D. “Person” means any individual, firm, partnership, association, corporation, company or organization or any kind.

E. “Public bathhouse” means any place within the city where baths or facilities for baths of any kind whatever are given or furnished for, or in expectation or, any fee, compensation or monetary consideration including, but not limited to: Finnish baths, Russian baths, sauna baths, Swedish baths, Turkish baths, baths by hot air, steam, vapor, water or electric cabinet; provided, that “public bathhouse,” for the purpose of this chapter, does not include such baths or facilities for baths where no attendant or other person administers, or holds himself out as administering, massage treatment as defined in this chapter, either by physical manipulation of the body or by the use of equipment.

F. “Public bathhouse attendant” means any person who administers to, or performs services to, patrons of a public bathhouse, or who supervises the work of such a person. The term does not include a person who performs only custodial or janitorial work.

G. “Public massage parlor” means any place within the city where massages are given or furnished for, or in expectation of, any fee, compensation or monetary consideration.

H. “Public massage parlor attendant” means any person who administers to, or performs services to, patrons of a public massage parlor or who supervises the work of a masseur or masseuse or other person administering to, or performing services to, such patrons. (Ord. 1423 § 4, 1975; prior code § 5-1204)

5.28.030 Establishment license – Required.

No person shall conduct, operate or maintain a public massage parlor or a public bathhouse without first obtaining a license as provided in this chapter. (Ord. 1423 § 2, 1975; prior code § 5-1202)

5.28.040 Establishment license – Application.

No license or renewal of license to conduct a public massage parlor or public bathhouse shall be issued or renewed except upon written application filed with the city clerk upon forms furnished by the city, which shall be signed and sworn to by the person who intends to conduct, operate and maintain a public massage parlor or bathhouse. Such applications shall include the following:

A. The true name, home address and telephone number of the applicant;

B. The business name, business address and telephone number of the establishment or proposed establishment;

C. Whether the applicant is a sole proprietorship, partnership or corporation; if a partnership, giving the names of all persons sharing in the profits of the business; if a corporation, giving the names of its officers, directors and shareholders, giving title, residence address and telephone number of each;

D. If applicant is a sole proprietorship or a partnership, stating whether the proprietor or the partners are of legal age;

E. Such applicants, or party signing the application, shall also be required to submit to fingerprinting by the police department, and such fingerprints shall be retained in the application file, a copy of which will be forwarded to the Federal Bureau of Investigation, Identification Bureau;

F. Whether the applicant or anyone owning an interest in the business or proposed business has ever been convicted of any crime. If so, stating the nature of the crime, the date of conviction, the name and location of the convicting court, and the disposition thereof;

G. All assumed names or aliases which have been or are used by any person whose name appears on an application;

H. Such other relevant and pertinent information as the city clerk may reasonably require in connection with such application. (Ord. 1423 § 7, 1975; prior code § 5-1207)

5.28.050 Establishment license – Fee.

The fee for business license for a public massage parlor shall be as set out in Chapter 5.10 BMC. (Ord. 1423 § 6, 1975; prior code § 5-1206)

5.28.060 Establishment license – Investigations – Issuance or denial.

A. Upon the filing of an application for issuance or renewal of a public massage parlor license or public bathhouse license, the city clerk shall ascertain from the city’s planning director whether the operation of such establishment at the business address shown on the application will be in compliance with the city’s zoning regulations, and the city clerk shall promptly refer the application to the police department with a request for an investigation of the statements contained in the application and for a written report to be made within 15 days by the police department containing the results of the investigation and any other matters pertinent to the application. The city clerk shall also refer the application to the Bellingham-Whatcom County health department with a request for an inspection of the premises, or proposed premises, to determine their suitability and adequacy as to sanitary and physical conditions and to submit a written report thereon.

B. If, from the reports provided for in subsection A of this section and other information, it appears that the application and the premises are fit and proper, that the statements contained in the application are true, that the applicant or the owners of the applicant firm have not been convicted of a crime involving moral turpitude or attempt to defraud and that the applicant has complied with all the requirements of this chapter, the city clerk shall issue a license to the applicant; otherwise the license application shall be denied. The license shall be accepted or denied within 30 days. (Ord. 1423 § 8, 1975; prior code § 5-1208)

5.28.070 Personnel license – Required.

No person shall act as a masseur or masseuse or as a public massage parlor attendant or as a public bathhouse attendant without first obtaining a license as provided in this chapter. (Ord. 1423 § 3, 1975; prior code § 5-1203)

5.28.080 Personnel license – Application.

No license or renewal of license to act as a masseur or masseuse, or public massage parlor attendant, or public bathhouse attendant, shall be issued or renewed except upon written application filed with the city clerk, upon forms furnished by the city, which shall be signed and sworn to by the applicant. Such application shall include the following:

A. The true name, home address and telephone number of the applicant;

B. References as to the moral character of the applicant from two reputable citizens of the state;

C. Whether the applicant has ever been convicted of a crime. If so, stating the nature of the crime, the date of conviction, the name and location of the convicting court and the disposition thereof;

D. All assumed names and aliases which have been or are used by the applicant;

E. Such applicant shall also be required to submit to fingerprinting by the police department, and such fingerprints shall be retained in the application file, a copy of which will be forwarded to the Federal Bureau of Investigation, Identification Division;

F. The applicant’s previous occupation and previous employer;

G. Such other relevant and pertinent information as the city clerk may reasonably require in connection with such application. (Ord. 1423 § 13, 1975; prior code § 5-1213)

5.28.090 Personnel license – Fee.

The fee for a license as a masseur, masseuse, public massage parlor attendant, or a public bathhouse attendant is fixed at $10.00 per year. (Ord. 1423 § 6, 1975; prior code § 5-1206)

5.28.100 Personnel license – Investigation – Issuance or denial.

A. Upon the filing of an application for a license to act as a masseur, masseuse, public massage parlor attendant or public bathhouse attendant, the city clerk shall refer it to the police department with the request to investigate the statements contained in the application, and to furnish a written report within 30 days containing the results of the investigation, and any other matters pertinent to the application. The city clerk shall refer the application to the Bellingham-Whatcom County health department, with a request to examine the applicant physically to ascertain if the applicant is free from contagious or infectious disease and to make a written report thereon.

B. If, from the reports provided for in subsection A of this section and other information, it appears that the applicant is fit and proper, that the applicant is free of infectious or contagious disease, that the statements contained in the application are true, that the applicant has not been convicted of a crime involving moral turpitude or attempt to defraud and that the applicant has complied with all the requirements of this chapter, the city clerk shall issue a license to the applicant; otherwise the license application shall be denied. (Ord. 1423 § 14, 1975; prior code; § 5-1214)

5.28.110 Expiration of licenses.

All licenses issued or renewed pursuant to this chapter shall expire one year from the date of issuance unless revoked earlier. (Ord. 1423 § 16, 1975; prior code § 5-1216)

5.28.120 Suspension or revocation – Noncompliance – Detriment to public welfare.

The city council reserves unto itself the power to suspend or revoke any license issued under the provisions of this chapter at any time where the license was procured by fraud or false representation of facts, or for violation of any of, or failure to comply with, the provisions of this chapter by the person holding such license or any of his servants, agents or employees, or the conviction of the person holding such license of any crime or offense involving moral turpitude or the conviction of any of his servants, agents or employees of any crime or offense involving moral turpitude committed on the premises in which the licensed establishment is located, or in the event that it is determined that the future operation of such establishment would be detrimental to the public welfare of the citizens of the city. (Ord. 1423 § 9, 1975; prior code § 5-1209)

5.28.130 Suspension or revocation – Fraud or deception – Moral turpitude – Refusal to renew.

The following shall be grounds for suspension, revocation or refusal to renew any license of a masseur, masseuse, public massage parlor attendant or public bathhouse attendant:

A. Fraud or deception in connection with securing the license;

B. Conviction of any crime involving moral turpitude;

C. Conviction of violating a federal, state or local law relating to sex offenses, or to possession, use or sale of narcotics, dangerous drugs or alcoholic beverages;

D. Habitual drunkenness or intemperance in the use of narcotics or stimulants. (Ord. 1423 § 15, 1975; prior code § 5-1215)

5.28.140 Required facilities and practices.

The premises and equipment of all public massage parlors and public bathhouses shall be maintained in a clean, safe and sanitary manner and it shall be the duty of the owner or operator of such establishment to meet the following requirements:

A. Adequate lighting, heating and ventilating is to be installed and maintained in all parts of the facility in full compliance with the city’s applicable building, mechanical, plumbing, electrical and related codes.

B. Each patron using such a facility shall be furnished with an individual clean towel or disposable paper mat by the operator thereof; towels shall not be reused until they are washed and sanitized. There shall be adequate facilities for towel and mat storage.

C. If any facility contains any swirling water pools where more than one person is immersed, such pools shall be maintained under the same restriction as any public or semi-public pool. Bacterial quality shall be such that not more than 15 percent of any series of samples, not more than two consecutive samples in any series of samples collected at times when the pool is in use, shall allow the presence of coliform bacteria in any of the five 10-milliliter portions examined. Chlorine residual of four-tenths parts per million in all parts of the pool while in use will assure acceptable bacteriological standards.

D. Chlorine and pH test kit should be used routinely to check the chemical makeup of pool water and results are to be recorded on a daily log sheet and to be kept current at all times.

E. Any stools or benches in any bath facility should be easily cleanable and soundly constructed. They should be covered with single-service towels when in use.

F. All exercise equipment and appliances shall be routinely checked for possible structural weaknesses and shall be maintained in a safe and sanitary manner at all times.

G. All pools must be provided with recirculation and filtering equipment, which equipment shall include a rate-of-flow indicator and a loss-of-head gauge for the backwash filter.

H. All shower and dressing facilities shall be available outside the pool area. Such area must be well lighted and ventilated with nonslip floor finish provided. Shower areas must slope to a floor drain.

I. A safety bar or handrail should be installed in the pool, easily accessible to users in every area of the pool.

J. Any sauna bath or similar facility shall duly post a maximum exposure time table as suggested by the manufacturer thereof.

K. Ceilings shall be used in the sauna area which are so devised as to prevent dripping of hot water on users.

L. Any facilities using ultraviolet exposure rooms in their establishment shall post maximum exposure time, which shall not exceed three minutes for any individual. (Ord. 1423 § 10, 1975; prior code § 5-1210)

5.28.150 Prohibited persons.

It is unlawful for the owner, proprietor, manager or person in charge of any public massage parlor or public bathhouse, or for any employee of the establishment knowingly to harbor, admit, receive or permit to be or remain in or about such premises any prostitute, lewd or dissolute person, any drunken or boisterous person, any person under the influence of intoxicating liquor or narcotic drugs. (Ord. 1423 § 11, 1975; prior code § 5-1211)

5.28.160 Advertising without license.

It is unlawful to advertise the giving of massage treatments or public baths by a person or in an establishment not licensed or otherwise qualified pursuant to this chapter. (Ord. 1423 § 12, 1975; prior code § 5-1212)

5.28.170 Liquor distribution or consumption.

Liquor, as that term is defined in the Washington State Alcoholic Beverage Control Act, shall not be distributed or consumed on the premises of any public massage parlor or public bathhouse. (Ord. 1423 § 17, 1975; prior code § 5-1217)

5.28.180 Access for inspections.

The premises of any public massage parlor or public bathhouse shall be open for reasonable inspection at all times by Whatcom County health officers and Blaine police officers. (Ord. 1423 § 18, 1975; prior code § 5-1218)

5.28.190 Exemptions from chapter.

A. When no fee, compensation or any other monetary consideration is charged or paid, directly or indirectly, for such services, the provisions of this chapter do not apply to:

1. Persons giving massage treatments or baths in a private residence or a private social or athletic club not open to the public generally;

2. Athletic coaches or trainers affiliated with public or private educational institutions or athletic organizations;

3. Students enrolled in schools of massage performing such practices of massage as are incidental to their course of study.

B. The provisions of this chapter shall not apply to massage treatments given in any hospital, duly licensed nursing or convalescent home, or by physical therapists duly licensed, who treat patients only upon written prescription of a licensed doctor of medicine, or by any other person licensed by the state to treat the sick, injured or infirm, or by any nurse under the direction of a person so licensed.

C. Licensed beauty operators and barbers who perform only such acts of massage as are customarily given in beauty salons and barbershops for purposes of beautification only are also exempt from the provisions of this chapter. (Ord. 1423 § 5, 1975; prior code § 5-1205)

5.28.200 Violation – Penalty.

Any person convicted of a violation of this chapter is guilty of a misdemeanor and shall be punished by a fine of not more than $300.00, or by imprisonment for not more than 90 days, or by both such fine and imprisonment. (Ord. 1423 § 19, 1975; prior code § 5-1219)

Chapter 5.32
PAWNBROKERS AND
SECONDHAND DEALERS*

Sections:

5.32.010 Transaction records required.

5.32.020 Availability of records and goods for inspection.

5.32.030 Filing records with police.

5.32.040 Receiving goods from minors, thieves or fences.

5.32.050 Violations.

* Editor’s note: The definitions, other general provisions and business license regulations of Chapter 5.10 BMC apply to this chapter.

5.32.010 Transaction records required.

Every pawnbroker or secondhand dealer doing business in the city shall maintain at his place of business a permanent book or record, in which shall be plainly written in the English language, at the time of each loan, purchase or sale, a record containing the following information:

A. The date of the transaction;

B. The name of the person or employee conducting the transaction;

C. The name, age and address of the person with whom the transaction is conducted;

D. The name and address of the owner of the property bought or received in pledge;

E. A description of the property bought or received in pledge, which in the case of watches shall contain the name of the maker and the number of both the watch and the case; and in the case of jewelry shall contain a description of all letters and marks engraved thereon; provided, that when the article bought or received is furniture, or the contents of any house or room actually inspected on the premises, a general record of the transaction shall be sufficient;

F. The price paid or the amount loaned. (Ord. 1676 § 1, 1983; Ord. 1298, 1970; prior code § 5-912)

5.32.020 Availability of records and goods for inspection.

The records required in BMC 5.32.010 and all goods received shall, at all times during the ordinary hours of business, be open to the inspection of the attorney or any public officer of the city. (Ord. 1676 § 1, 1983; Ord. 1298, 1970; prior code § 5-912)

5.32.030 Filing records with police.

Every junk dealer, secondhand dealer and pawnbroker shall once a week furnish a written report to the office of the chief of police. (Ord. 1676 § 1, 1983; Ord. 1298, 1970; prior code § 5-912)

5.32.040 Receiving goods from minors, thieves or fences.

No pawnbroker or secondhand dealer shall receive any property from any person under the age of 21 years, or from any known thief or receiver of stolen property, or from any known associate of such receiver or thief. (Ord. 1676 § 1, 1983; Ord. 1298, 1970; prior code § 5-912)

5.32.050 Violations.

Every pawnbroker, junk dealer or secondhand dealer and every clerk, agent or employee of such pawnbroker, junk dealer or secondhand dealer, who does any of the following is guilty of a misdemeanor:

A. Fails to make an entry of any material matter in the record he keeps; or

B. Makes any false entry therein; or

C. Falsifies, obliterates, destroys or removes from his place of business such book or record; or

D. Reports any material falsely to the chief of police; or

E. Refuses to allow the police department to inspect the book or record kept, or any goods in his possession, during the ordinary hours of business; or

F. Fails to provide a weekly report as prescribed to the chief of police; or

G. Fails to report forthwith to the chief of police the possession of any property which he may have good cause to believe has been lost or stolen, together with the name of the owner, if known, and the date when, and the name of the person from whom, the property was received by him; or

H. Removes, or allows to be removed, from his place of business, except upon redemption by the owner thereof, any property received, within four days after the receipt thereof has been reported to the chief of police; or

I. Violates any other of the provisions of this chapter. (Ord. 1676 § 1, 1983; Ord. 1298, 1970; prior code § 5-912)

Chapter 5.40
SOLICITORS AND CANVASSERS

Sections:

5.40.010 License required.

5.40.010 License required.

It is unlawful for any person to engage in the occupation of soliciting orders in the municipality Without having first procured a license therefor. Every person desiring to solicit orders for goods, wares or merchandise, manufactured articles or articles to be manufactured or any other chattel from house to house or upon the public thoroughfares, shall obtain a license and pay a fee as specified in Chapter 5.10 BMC; provided, however, except such as are exempt by Washington statutes and those exempt by the United States Constitution empowering Congress to regulate commerce within foreign nations, and among the several states and with the Indian tribes. (Ord. 1418 § 3, 1975; prior code § 5-301)

Chapter 5.44
YARD SALES

Sections:

5.44.010 Definitions.

5.44.020 Allowed when – Hours.

5.44.030 Advertising.

5.44.040 Fire hazard.

5.44.050 Enforcement.

5.44.060 Pre-existing sales.

5.44.070 Permits.

5.44.080 Violation – Penalty.

5.44.010 Definitions.

For the purposes of this chapter:

A. “Nonprofit organization” includes, but is not limited to, fraternal organizations, hobby societies, education societies, historical societies, museums, hospital auxiliary groups, churches, church auxiliary organizations, student groups and parent-teacher organizations.

B. “Person,” as used herein, means any corporation, individual, or members of a family residing in a household conducting the sale, but shall not include nonprofit organizations.

C. “Yard sale” means retail sale of personal property labeled as such, or any retail sale of personal property conducted in or near a residence under cover, partially under cover, or completely outside of any building, in the open. The term shall include garage sales which are advertised for the public to attend. (Ord. 1901 § 1, 1988)

5.44.020 Allowed when – Hours.

No person shall operate, conduct, manage or permit a yard sale upon his premises or other property under his control more often than nine days per year, and said sale shall not be continued for a period of more than nine consecutive days, and shall be limited to 8:00 a.m. to 8:00 p.m. (Ord. 1901 § 2, 1988)

5.44.030 Advertising.

No person shall place any cards or placards advertising a yard sale on any property other than property owned by the person conducting the sale without the consent of the owner. The signs shall not be posted more than 72 hours prior to the sale and shall be removed within 12 hours after the close of the sale. (Ord. 1901 § 3, 1988)

5.44.040 Fire hazard.

No yard sale shall be allowed if in the opinion of the city police and fire department it may constitute a traffic or fire hazard. (Ord. 1901 § 4, 1988)

5.44.050 Enforcement.

The city police department shall be responsible for the enforcement of this chapter. (Ord. 1901 § 5, 1988)

5.44.060 Pre-existing sales.

Nothing in this chapter shall be construed to allow any grandfather or pre-existing sales to not conform to these requirements. (Ord. 1901 § 7, 1988)

5.44.070 Permits.

Permits shall be obtained from the police department. Any fee for the permit shall be set by resolution. (Ord. 1901 § 8, 1988)

5.44.080 Violation – Penalty.

Any person found to be in violation of this chapter shall be subject to the following penalties:

A. First violation, a civil penalty subject to monetary penalty not to exceed $400.00 total.

B. Second violation, a misdemeanor offense subject to monetary penalty not to exceed $500.00 and/or a jail sentence not to exceed 90 days.

C. Third and subsequent violation, a misdemeanor offense subject to monetary penalty not to exceed $1,000 and/or a jail sentence not to exceed 90 days.

Each day the violation continued shall be considered a separate violation. (Ord. 1901 § 6, 1988)

Chapter 5.48
ALARM SYSTEMS

Sections:

5.48.010 Definitions.

5.48.020 Services provided by department of public safety.

5.48.030 False alarms – Fees – Corrective actions.

5.48.040 Unlawful acts.

5.48.010 Definitions.

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:

A. “Alarm system” means any electronic device with one terminal in the protected premises and the other terminal at the alarm provider’s business location that is intended to provide the emergency services personnel of the city with notice of robbery, burglary, unauthorized entry, fire, or other emergency condition.

B. “Audible alarm system” means any device that is intended to provide the emergency services personnel of the city with notice of a robbery, burglary, unauthorized entry, fire, or other emergency condition by means of an external bell or other noise-making device, whether or not the audible alarm system is also connected to an electric or electronic device communicating with a remote monitoring business.

C. “Department of public safety” means the city’s police, fire and emergency medical response personnel.

D. “False alarm” means the activation of an alarm system by other than a forced entry or attempted forced entry to the premises served and occurring at a time when no burglary, robbery or other emergency exists. (Ord. 2272 § 1, 1996)

5.48.020 Services provided by department of public safety.

The department of public safety is authorized to provide services for alarm systems as follows:

A. Alarm systems serving business or private premises shall not be installed in or terminate at the department of public safety.

B. Commencing with the effective date of the ordinance codified in this chapter, no person shall use or shall cause to be used any telephone device or telephone attachment that automatically selects a public telephone trunk line of the city or of any office of the city and then reproduces a reproduces message to report an emergency, except as provided by this section.

C. Nothing in this section shall preclude law enforcement agencies from the utilization of specialized alarm equipment for investigative or surveillance purposes, when such equipment involves the use of city trunk lines; provided, that such law enforcement use has been authorized by the director of public safety. (Ord. 2272 § 1, 1996)

5.48.030 False alarms – Fees – Corrective actions.

It is the policy of the city to prevent inadvertent false alarms. To this end, the director of public safety shall administer this chapter as follows:

A. For the first false alarm in any six-month period generated at a premises served by an alarm system, no fee shall be charged. The person owning or occupying the premises served by the alarm shall, within three working days after notice to do so, make a written report to the director of public safety on forms provided by the director, setting forth the cause of the false alarm, the corrective action taken, whether the system has been inspected by a trained service person, and such other information as the director may reasonably require in order to determine the cause of the false alarm and any necessary correction taken.

B. For the second false alarm in any six-month period, no fee shall be charged. A written report shall be required of the owner or occupant of the premises served by the alarm system, as in the case of the first false alarm. In addition, the director is authorized to inspect the alarm system at the premises, and to prescribe necessary corrective action by written notice to the owner or occupant of the premises served by the alarm system.

C. For the third false alarm during any six-month period, and for any subsequent false alarm within six months of such third false alarm, the director shall impose a fee in an amount set by city council resolution as reimbursement for the costs of response. The fee shall be paid by the owner or occupant of the premises generating the false alarm. Billings for the fees shall be directed through the finance director on a monthly basis, using an itemized list showing the date and time of each false alarm for which the fee is imposed.

D. Owners or occupants of premises causing false alarms shall report all such false alarms to the director of public safety, whether or not the false alarm is directly received by the alarm provider, in order that corrective measures may be taken. (Ord. 2272 § 1, 1996)

5.48.040 Unlawful acts.

It is a misdemeanor:

A. For any person to have or maintain on any premises an audible alarm system unless there is posted at the main entrance to such premises a prominent notice of the telephone numbers at which the person or persons authorized to enter the premises and turn off the alarm can be reached at all times. The owner or occupant of the protected premises will also provide the names of the people whose numbers are prominently posted to the department of public safety; or

B. For any person to fail to turn off any audible alarm system within one hour of being notified to do so; or

C. For any person, upon notifying the department of public safety of an inadvertent false alarm apparently caused by an electrical or other malfunction of the alarm system, to fail to also notify the department of public safety of the apparent malfunction; or

D. For any false alarm fee for any alarm system which is imposed pursuant to the provisions of BMC 5.48.030 to remain unpaid for more than 30 days after its due date; or

E. For any corrective action for any alarm system directed by the director of public safety pursuant to the provisions of this chapter not to be taken within 90 days. (Ord. 2272 § 1, 1996)