Chapter 4.32
PUBLIC AMUSEMENTS
Sections:
4.32.010 Definitions.
4.32.020 License required – Exceptions.
4.32.030 Procedure.
4.32.040 Police/fire investigation – Approval.
4.32.050 Issuance of license.
4.32.060 License fees/term.
4.32.070 Revocation of licenses.
4.32.080 Notice of revocation – Appeal.
4.32.090 Emergency suspension of license.
4.32.100 Acceptance of chapter terms.
4.32.110 Penalties.
4.32.200 Severability.
4.32.010 Definitions.
A. “Person” shall mean any individual, firm, corporation, partnership or unincorporated association.
B. “Police chief” and “fire chief” shall include his/her designee.
C. “Public amusement” means circuses, carnivals, motion picture shows, exhibitions, concerts, side shows, vaudeville, amusement parks and any other form of diversion, pastime or recreation conducted for and open to the public regardless of whether an admission fee or other charge is made for attendance; provided, however, that nothing herein shall require the licensing and inspection of an activity conducted under the auspices of a bona fide, accredited grade school, middle school, high school or college and conducted on the premises thereof in facilities previously inspected and approved for public assembly. [Ord. 2671, 1988; Ord. 2653 § 1, 1988; Ord. 2175 § 1, 1980].
4.32.020 License required – Exceptions.
A. No person shall conduct any public amusement within the city of Edmonds until he has first obtained a license therefor and has paid all fees required by this chapter.
B. No fee shall be required for the application of a nonprofit, charitable or religious community organization. [Ord. 2671, 1988; Ord. 2175 § 1, 1980].
4.32.030 Procedure.
A. Persons required to obtain licenses shall make application to the city clerk on forms provided therefor.
B. The application shall contain the following information:
1. The name, address and telephone number of the person requesting the license, and if other than a natural person, the names of all officers and/or partners.
2. The type of public amusement, duration and hours of operation, and location. A sketch showing the location, size and arrangement of facilities shall be included with the application.
3. The number of employees and the number of expected customers.
4. Such other information as required by the city clerk in order to carry out the intent of this chapter (such as insurance) as may be required.
C. Upon receipt of the license fee as provided for in this chapter, the city clerk shall forward the completed application to the police chief and fire chief for their investigation and review. [Ord. 2671, 1988; Ord. 2175 § 1, 1980].
4.32.040 Police/fire investigation – Approval.
A. Upon receipt of the application, the police chief shall investigate the applicant to determine the level of service required to assure public safety, and the financial and criminal background of the applicant, if any. The fire chief will investigate the proposed premises to insure that fire and life safety requirements are being met. Upon completion of the investigation, the police/fire chief shall either approve the license application, disapprove the license application, or approve the application with conditions. Their decision shall be forwarded to the city clerk.
B. The police/fire chief may require the applicant as a condition upon approval to:
1. Restrict the days and/or hours of operation.
2. Conduct the public amusement at a location other than as set forth on the application.
3. Limit the number of persons at any one time on the premises.
4. Comply with such other conditions as are reasonably necessary for protection of public safety and property.
C. In addition to the fees referenced in ECC 4.32.060, the applicant shall pay a charge equal to the actual cost of fire inspection in accordance with the provisions of ECDC 19.75.065. [Ord. 3452 § 3, 2003; Ord. 2671 § 1, 1988; Ord. 2175 § 1, 1980].
4.32.050 Issuance of license.
Upon receipt of the police chief's decision to approve the application, the city clerk shall issue the license which shall contain the following:
A. The name of the person to whom the license is issued.
B. The date, time and place of operation or operations.
C. The type of public amusement.
D. All conditions imposed by the police/fire chief.
E. The date the license expires. [Ord. 2671 § 1, 1988; Ord. 2175 § 1, 1980].
4.32.060 License fees/term.
The license shall be for a term not to exceed one year. Fees for the public amusement license shall be as follows:
A. Motion picture theaters, $30.00 per year.
B. Circuses and/or carnivals, exclusive of sideshows, $50.00 per day.
C. Sideshows, conducted with or without a circus, $50.00 per day.
D. All other public amusements, $30.00 per day or $240.00 per year, whichever is lesser. [Ord. 2671 § 1, 1988; Ord. 2175 § 1, 1980].
4.32.070 Revocation of licenses.
Public amusement licenses may be revoked by the city clerk for any of the following reasons:
A. Violation of any of the provisions of this chapter by the license holder, his agents or employees.
B. The applicant has made any false or misleading statement or a misrepresentation of fact in connection with the license, or there has been a change of circumstances since the issuance of a license, such as anticipated crowd size, lapse or cancellation of required insurance, etc. [Ord. 2671 § 1, 1988; Ord. 2175 § 1, 1980].
4.32.080 Notice of revocation – Appeal.
A. The city clerk shall send the licensee notice of the revocation by mail. Notices mailed to the address on the application form shall be deemed received three days after posting.
B. The notice shall state the reasons for the revocation and that the revocation will become final within 10 days of the date of the notice unless a written notice of appeal is filed with the city council within the 10-day period.
C. If a written notice of appeal is filed within the 10-day period, the city council shall set a date for hearing and send the licensee notice of the date and time. If no written notice of appeal is filed, the license shall be deemed revoked as set forth in the notice to the licensee.
D. License fees will not be refunded in whole or in part in the event of revocation or suspension of the license. [Ord. 2671 § 1, 1988; Ord. 2175 § 1, 1980].
4.32.090 Emergency suspension of license.
In the event the police chief or fire chief determines that there is an immediate threat to public safety, or to property, he may suspend the license without prior notice and order the immediate termination of the licensed activity or activities. Such suspension shall last until the police chief may determine that the threat to public safety, or to property, has abated, or until the licensee may bring the matter before the city council by delivering to the city clerk the written grievance of the licensee as to why the suspension should be terminated and the license reinstated. The city clerk upon receipt of such writing shall bring the matter on for hearing at the next regular meeting of the city council, or special meeting of the city council called for that purpose, if any. [Ord. 2671 § 1, 1988; Ord. 2175 § 1, 1980].
4.32.100 Acceptance of chapter terms.
By applying for and receiving a license under the provisions of this chapter the licensee agrees to all the terms of said chapter, the Edmonds City Code and Community Development Code, including but not limited to the terms and procedures for revocation and/or suspension should the same be exercised as herein provided. All decisions of the city council shall be final. [Ord. 2671 § 1, 1988; Ord. 2175 § 1, 1980].
4.32.110 Penalties.
Any person violating the provisions of this chapter or any person who conducts a public amusement in violation of any of the terms and conditions specified on the license shall be guilty of a misdemeanor and upon conviction thereof shall be punished as set forth in ECC 5.50.020. [Ord. 2671 § 1, 1988; Ord. 2175 § 1, 1980; Ord. 193, 1909].
4.32.200 Severability.
If any word, phrase or section of this chapter is held invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the remaining portions of this chapter. [Ord. 2671 § 1, 1988; Ord. 2175 § 1, 1980].