Title 5
BUSINESS REGULATIONS AND LICENSES*

Chapters:

5.04 Business Generally

5.06 Resident, Nonresident, Home Occupation

5.08 Garbage Collecting

5.16 Pawnbrokers

5.20 Peddlers and Salesmen

5.24 Repealed

5.25 Public Dances and Teen Dance Halls

5.26 Licensing of Teen Public Dance

5.28 Repealed

5.30 Special Events

5.32 Parades

5.34 Circuses and Carnivals

5.40 Taxicabs and For-Hire Vehicles

5.42 Repealed

5.45 Emergency Care, First Aid and Ambulance Services

5.46 Repealed

5.48 CATV System

5.49 Escort Bureaus, Services and Escorts

5.50 Adult Entertainment

5.51 Public Bathhouses

5.52 Massage Parlors and Public Bathhouses

5.53 Practice of Massage

5.54 Private Security Guards, Private Security Companies, Private Detectives and Private Detective Agencies

5.55 Day Spas

5.56 Repealed

5.60 Amusement Centers

5.62 Panorams, Previews, Picture Arcades, Peep Shows

5.63 Vending Machines

5.66 Cabarets and Taverns

5.70 Licenses for Certain Businesses

5.81 Auctions and Auctioneers

5.82 Secondhand Dealers

5.87 Repealed

5.92 Living Quarters for Homeless Mothers

*For provisions regarding certain business activities and practices prohibited outright, see LMC Title 10; for powers of code cities to license, for the purpose of regulation and revenue, every kind of business authorized by law and to fix penalties for violation of ordinances, see RCW 35A.11.020 and 35.24.290(7).

Chapter 5.04
BUSINESS GENERALLY

Sections:

5.04.005 Applicability.

5.04.020 License to conduct business.

5.04.030 Application for license – Approval or denial – Appeal.

5.04.040 Term and renewal of license.

5.04.045 License revocation.

5.04.050 Exemptions.

5.04.090 Purpose of chapter.

5.04.110 Separate licenses – When required.

5.04.120 Personal identification.

5.04.130 Penalty for violation of title.

5.04.005 Applicability.

A. The following provisions of this chapter are general provisions and shall apply to all persons who carry on business in the city of Lynnwood, and such provisions, and all additions that have general application, and subsection (B) of this section, shall comprise a separate chapter in LMC Title 5 designated as Chapter 5.04 LMC and entitled, “Business Generally”: LMC 5.04.020, 5.04.030, 5.04.040, 5.04.090, 5.04.110.

B. Without affecting the validity and requirements of any other provisions in this chapter or any other title or chapter relating to business regulations, the provisions of this chapter shall apply to all persons who propose to, or carry on business and all businesses in the city of Lynnwood. (Ord. 1089 § 10, 1979)

5.04.020 License to conduct business.

It is unlawful for any person, firm, corporation or association to maintain, conduct or operate any device, vehicle or thing, or engage in any business, calling, profession, trade, occupation or activity without first having secured the license to do so, and paying all fees prescribed herein. (Ord. 818 § 2, 1975; Ord. 754 § 1, 1974; Ord. 674 § 1, 1972; Ord. 30 § 2, 1959)

5.04.030 Application for license – Approval or denial – Appeal.

A. No license required hereunder shall be issued except upon application made on forms prescribed by the city; each application for license, in addition to other requirements, shall indicate:

1. The proposed business address of a proposed business or occupation; and

2. The type and nature of the proposed business or occupation, which the applicant intends to operate on said premises.

B. Each license application shall be accompanied by the prescribed license fee; provided, that any new business making application for a resident, nonresident or home occupation license after August 1st shall be charged one-half of the annual prescribed fee.

C. Notwithstanding any contrary provision in this title, a license shall not be issued to any applicant until the business and the applicant comply with all provisions of the city of Lynnwood zoning, building, fire, penal code, and all other applicable ordinances and laws and all amendments thereto.

D. On approval of the application, the license shall be issued by the city and delivered to the applicant.

E. Upon denial of the application, the fee paid shall be returned to the applicant by the city forthwith together with notice that the application has been denied; provided, that no refund shall be made where, during the pendency of the application, the applicant has engaged in the business activity for which the license was intended. The mayor, or any officer of the city designated by him, shall approve or deny all applications for licenses required hereunder, and any applicant denied a license, or any person objecting to the issuance of any such license, may, within 10 days after the issuance or denial of such license, appeal to the city council by filing a written notice of appeal, clearly stating the grounds that the appeal is based on, with the city clerk, and the city council shall set a date for the hearing of such appeal before the full membership of the city council, and the city clerk shall notify the applicant in the case of a denial, and the objector and applicant in the case of issuance, by mail of the time and place of hearing. After the hearing thereon, the city council may direct the issuance of the license applied for or revoke the license issued, as the city council may deem advisable. (Ord. 1089 § 4, 1979; Ord. 818 § 3, 1975; Ord. 449, 1968; Ord. 82, 1961; Ord. 30 § 3, 1959)

5.04.040 Term and renewal of license.

All licenses hereunder shall be granted for the calendar year or part thereof, of the year of their issuance, and shall be renewed on or before the fifteenth day of February next succeeding their date of issuance. If any license hereunder is not so renewed, then a new application must be made, accompanied by a fee of 150 percent of the fee payable upon an original application hereunder. All other applications for renewals shall be accompanied by the same fee as provided for an original application hereunder. (Ord. 30 § 4, 1959)

5.04.045 License revocation.

In addition to other powers, the city shall revoke any business license where the licensee uses or occupies property, or conducts or operates businesses in violation of the laws of the city of Lynnwood, state of Washington, United States of America, or any other laws; provided, that the city clerk shall notify the licensee by certified mail, at the licensee’s business address, of the intention of the city to revoke said licensee’s license in 15 days for stated reasons, and said license shall be revoked at the expiration of 15 days unless the licensee requests, in writing, a hearing in front of the council, in which case a hearing shall be scheduled in 30 days’ time with notice of the proposed hearing to the licensee by certified mail. After hearing, if the city council finds violation of the conditions and terms of the licensee’s license, the city council may revoke license. No license may be reissued to the licensee for 60 days following revocation. Nothing contained herein shall limit or conclude a licensee’s right to judicial review in the superior court or otherwise. (Ord. 1089 § 5, 1979)

5.04.050 Exemptions.

The following shall be exempt from compliance with this chapter:

A. A bona fide charitable or nonprofit organization as defined below:

1. “Bona fide charitable or nonprofit organization” means any organization for which contributions to such organization qualify for charitable contribution deduction purposes or which is otherwise exempt from payment of federal income taxes, all pursuant to the Internal Revenue Code of 1954, as amended. Organizations presenting certificates of incorporation demonstrating such organization is duly existing under the provisions of Chapters 24.12, 24.20 or 24.28 RCW shall constitute prima facie evidence that the organization is a bona fide charitable or nonprofit organization for the purposes of this chapter.

B. Insurance agent as defined in RCW 48.17.010 as now existing or hereafter amended. This exemption shall not apply to insurance brokers as defined in RCW 48.17.020 as now existing or hereafter amended.

1. To qualify for an exemption as an insurance agent, a person claiming the exemption must file with the city an affidavit setting forth a description of the business, the address and telephone number from which it is conducted, and an affirmation that the person doing business solely as an insurance agent and not as an insurance broker. (Ord. 1487 §§ 1, 2, 3, 1985; Ord. 30 § 5, 1959)

5.04.090 Purpose of chapter.

This chapter is declared to be enacted for the purpose of regulating and controlling businesses, and for the purpose of providing revenue for the city of Lynnwood. (Ord. 30 § 9, 1959)

5.04.110 Separate licenses – When required.

A separate license shall be obtained for each branch, establishment or separate location in which the business, calling, profession, trade, occupation or activity licensed by this title is carried on, and for each such different business, calling, profession, trade, occupation or activity carried on or device situated in any one location, and each license shall authorize the licensee to carry on, pursue or conduct only that business, calling, profession, trade, occupation or activity, or operate the device, vehicle or thing described in such license, and only at the location or in the manner indicated therein, except as may be specifically provided in this chapter. (Ord. 818 § 4, 1975)

5.04.120 Personal identification.

Whenever any person is an applicant for a license to be issued by the city, and the law or a regulation of the city requires that the applicant be of good moral character, or not have been convicted of a crime, or otherwise requires that the applicant be investigated regarding the application, the chief of police shall require the applicant to submit photographs and/or impressions of his fingerprints for the purpose of securing identification of the applicant, including submitting the same to any law enforcement agency or the identification section of the Washington State Patrol. (Ord. 974 § 1, 1978)

5.04.130 Penalty for violation of title.

Unless a specific penalty is prescribed in this title, and in addition to other powers, any violation of the provisions of this title as now or hereafter amended is a misdemeanor and shall be punished by a fine not to exceed $300.00 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. (Ord. 1089 § 1, 1979)

Chapter 5.06
RESIDENT, NONRESIDENT, HOME OCCUPATION

Sections:

5.06.010 Definitions.

5.06.020 License required.

5.06.030 Employees’ fees for resident businesses.

5.06.040 License fees.

5.06.044 Repealed.

5.06.046 Repealed.

5.06.050 Special fee assessed.

5.06.060 Payrolls subject to audit.

5.06.070 Penalty for violation.

5.06.080 Review.

5.06.090 First-time resident and home occupation business license.

5.06.010 Definitions.

The following definitions shall apply in construing the provisions of this chapter, except where otherwise declared or clearly apparent from the context:

A. “Home occupation” means the operation from a dwelling of a business which is clearly incidental to the primary use of the dwelling as living quarters and which in no manner compromises the residential character of the neighborhood in which the dwelling is located.

B. “Nonresident business” means and includes any business conducted in the city from an office outside of the city, not occupying a fixed place of operation within the city of Lynnwood, but which business performs work or carries on business within the city of Lynnwood.

C. “Resident business” means and includes a business occupying a fixed place of operations within the city of Lynnwood and not specifically included in nonresident or home occupation classification.

D. “Business,” whether resident, nonresident or home occupation, means and includes all services and activities engaged in with the object of pecuniary gain, benefit or advantage to the persons, or to another person or class, directly or indirectly, whether part-time or full-time, except those businesses or activities for which licenses or franchises are required by any other chapter or section of the Lynnwood Municipal Code as now or hereafter enacted or amended and except nonbusiness activities carried on by a religious, charitable, benevolent, fraternal or social organization.

E. “Flea market” means and includes any person, firm or corporation, or company subleasing booths, stalls or tables within a building located within the limits of the city of Lynnwood for the purpose of placing before the public for sale on a temporary basis, used goods, new wares or merchandise, with the exception of secondhand items subject to Chapter 5.82 LMC regulating secondhand dealers. (Ord. 2111 § 1, 1996; Ord. 1906 § 2, 1992; Ord. 1297 § 1, 1982; Ord. 1260 § 1, 1982; Ord. 1259 § 1, 1982; Ord. 1089 § 11(1), 1979; Ord. 1071 § 4, 1979; Ord. 818 § 1, 1975; Ord. 30 § 1, 1959)

5.06.020 License required.

It is unlawful for any person, firm or corporation to conduct or operate any home occupation, resident or nonresident business in the city of Lynnwood without first obtaining a license pursuant to the provisions of this chapter. (Ord. 1089 § 11(2), 1979)

5.06.030 Employees’ fees for resident businesses.

All resident businesses shall pay at the time of making application for licenses a fee as hereinafter prescribed for each employee of the business, except that business and activity which are specially regulated and for which license fees are prescribed otherwise than as resident business shall not be required to pay a fee for each employee.

Any employee so employed by a business as of January 1st of each calendar year or upon the date of application for a business license shall so be reported to the city clerk, on application for business license, and the fee shall be defined to mean:

A. In a sole proprietorship, any individual hired by the proprietor to work for and in the business in any capacity;

B. In a partnership, any individual engaged in the business including the partners if they are engaged in the conduct of the business, except one partner;

C. In a corporation, all persons engaged in the course of business, including corporate officers and those hired by the corporation as workers of any kind. (Ord. 1089 § 11(1), 1979; Ord. 818 § 5, 1975)

5.06.040 License fees.

The license fees for businesses shall be and the same are fixed as shown in Chapter 3.104 LMC. (Ord. 2656 §§ 1, 2, 2006; Ord. 2539 § 1, 2004; Ord. 2435 § 1, 2002; Ord. 2398 § 1, 2001; Ord. 2345 § 1, 2000; Ord. 2289 § 1, 1999; Ord. 1906 § 4, 1992; Ord. 1297 § 1, 1982; Ord. 1260 § 1, 1982; Ord. 1259 § 2, 1982; Ord. 1089 § 11(1), 1979; Ord. 1071 § 1, 1979; Ord. 1008 § 1, 1978; Ord. 818 § 6, 1975)

5.06.044 Temporary special event application time restriction.

Repealed by Ord. 1906.

5.06.046 Plot plan for temporary special event or community service event.

Repealed by Ord. 1906.

5.06.050 Special fee assessed.

Each business where liquor is consumed on premises shall pay, in addition to the regular resident business license fee, a fee as shown in Chapter 3.104 LMC. (Ord. 2656 §§ 1, 2, 2006; Ord. 1071 § 5, 1979)

5.06.060 Payrolls subject to audit.

The payrolls of all resident businesses licensed within the city shall be subject to an audit by the city clerk/finance officer of the city as to the number of employees employed by the resident business. (Ord. 1089 §§ 7, 11(1), 1979; Ord. 449 § 4, 1968)

5.06.070 Penalty for violation.

Any violation of this chapter is a misdemeanor and shall be punished by a fine not to exceed $500.00 or by imprisonment not to exceed 90 days or by both such fine and imprisonment. (Ord. 2698 § 1, 2007; Ord. 2656 §§ 1, 2, 2006; Ord. 2345 § 1, 2000; Ord. 2289 § 4, 1999; Ord. 1089 § 11(1), 1979; Ord. 30 § 8, 1959)

5.06.080 Review.

The council shall review the structure of the business license fees in order to determine if compliance on the part of businesses can be simplified. (Ord. 2345 § 1, 2000; Ord. 2289 § 2, 1999)

5.06.090 First-time resident and home occupation business license.

A first-time resident and/or home occupation business license fee per license issued, in the amount established by Chapter 3.104 LMC, shall accompany an application for business license. This fee shall apply to all new businesses to the city of Lynnwood, whether that application is the result of sufficient change in an existing license so as to require its replacement. (Ord. 2699 § 10, 2007; Ord. 2345 § 1, 2000; Ord. 2289 § 3, 1999)

Chapter 5.08
GARBAGE COLLECTING*

Sections:

5.08.010 License to conduct garbage collecting business required.

5.08.020 Application for license – Basis of fee.

5.08.030 Common carrier permit required.

5.08.040 Vehicle standards and inspection.

5.08.045 Liability insurance.

5.08.050 Use of unapproved vehicles.

5.08.060 Reasons for cancellation or revocation of license.

5.08.070 Authority to make and enforce regulations.

5.08.080 Conformance to regulations required.

5.08.090 Accumulation of garbage, rubbish – Service of notice.

5.08.100 Procedure upon failure to remove accumulated rubbish after notice.

5.08.110 Purpose of chapter.

5.08.120 Penalty for violation.

5.08.130 Severability.

*For provisions regarding garbage and refuse generally, see LMC Title 7; for authority for city to set up and require use of system for collecting and disposal of garbage, see RCW 35A.21.060 and 35A.21.150.

5.08.010 License to conduct garbage collecting business required.

No person, association or corporation shall engage in the business of hauling or transporting garbage, refuse, cans or discarded bottles within the city of Lynnwood or in the gathering of the same within said city for disposal at some point or area outside of the city without obtaining a license therefor and complying with the regulations of the mayor in the pursuit of said business. (Ord. 22 § 1, 1959)

5.08.020 Application for license – Basis of fee.

Written application for said license on forms provided by the clerk shall be for a period of not more than five years. Licensee shall pay an annual license fee to be determined on the basis of the amounts shown in Chapter 3.104 LMC per residential account and per commercial account being served at July 15th of each year. For purposes of this section, residential accounts shall include units of multiple-family housing and units of mobile home parks. The annual fee is due and payable no later than August 15th of each year. A late payment fee equal to 50 percent of the annual license fee is assessed if payment of the license fee is made after the due date in any year. (Ord. 2699 § 11, 2007; Ord. 2656 §§ 1, 2, 2006; Ord. 2498 § 1, 2004; Ord. 2473, 2003; Ord. 2453 § 1, 2003; Ord. 22 § 2, 1959)

5.08.030 Common carrier permit required.

No license shall be granted unless the applicant has the proper public service commission common carrier permit authorizing the hauling of refuse and garbage for hire in the city of Lynnwood or a portion thereof. Application shall show common carrier permit number and describe the area of Lynnwood to be serviced. (Ord. 22 § 3, 1959)

5.08.040 Vehicle standards and inspection.

Such application shall also describe the type of trucks and equipment to be used by the licensee and before issuing such license, the city health officer or other person designated by the mayor shall investigate the trucks and equipment proposed to be used, and such health officer or agent shall not approve the same for use under said license unless he finds that the use thereof will adequately contain all garbage, refuse, etc., during such hauling, and the reasonable use thereof will protect the health and welfare of the inhabitants of the city and will not lead to the loss or distribution of garbage or refuse, etc., within such city. (Ord. 22 § 4, 1959)

5.08.045 Liability insurance.

Each licensee shall name the city of Lynnwood on their liability insurance policies and furnish agreement to hold the city of Lynnwood harmless for any claims involving their operations in the city. (Ord. 1089 § 2, 1979)

5.08.050 Use of unapproved vehicles.

No licensee shall use, to collect or haul garbage, any trucks or equipment not so approved by the city health officer or agent for regular use within the city or for temporary use in cases of emergency without special permission therefor being granted by said health officer or agent. (Ord. 22 § 5, 1959)

5.08.060 Reasons for cancellation or revocation of license.

Such license may be canceled or revoked by order of the city health officer or agent upon the willful or repeated violation of city ordinances or health regulations by the licensee after a hearing before the city health officer or agent in which charges of such violation are sustained; provided, that the licensee shall have the right of appeal to the city council. (Ord. 22 § 6, 1959)

5.08.070 Authority to make and enforce regulations.

The city council shall have the authority to make and require enforcement of reasonable rules and regulations and to modify and change the same from time-to-time, regulating the manner of collecting, removing and hauling solid waste, garbage, refuse, recyclables, or like materials, within the city of Lynnwood for the purpose of safeguarding the health, safety, and welfare of the inhabitants and the visitors of such city. Alternately, the city council may direct its public works director to promulgate such rules and regulations and may adopt the same by reference in accordance with the provisions of RCW 35A.12.140, as now existing or hereafter amended. (Ord. 1785 § 1, 1990; Ord. 22 § 7, 1959)

5.08.080 Conformance to regulations required.

Such licensee shall observe all regulations of the city of Lynnwood together with all state laws relative to public health, and shall observe and conform to any tariff schedules that may be set or approved by the department of public service for unincorporated areas adjacent to the city of Lynnwood or tariff schedules adopted by the city council not inconsistent with the schedules and regulations set or approved by the department of public service. (Ord. 22 § 8, 1959)

5.08.090 Accumulation of garbage, rubbish – Service of notice.

If any person allows, permits, or maintains any accumulation of refuse, ashes, garbage, filth, cans, or rubbish to remain on property owned, controlled, or occupied by the person such that a condition detrimental to the health and welfare shall be deemed by the city nuisance abatement officer, or other person designated by the mayor, to exist, then said officer or person shall cause written notice thereof to be served on said person. The notice shall be served on the person responsible for the violation, either personally or by mailing a copy of the notice by certified or registered mail, return receipt requested, to such person at their last known address. If the person responsible for the violation cannot be personally served within Snohomish County and if an address for mailed service cannot be ascertained, notice shall be served by posting a copy of the notice conspicuously on the affected property or structure. (Ord. 2284 § 2, 1999; Ord. 22 § 9, 1959)

5.08.100 Procedure upon failure to remove accumulated rubbish after notice.

If any person, after three days have elapsed from the service of notice as provided in LMC 5.08.090, fails to remove said accumulation of ashes, garbage, filth, cans, glass or rubbish, then the city nuisance abatement officer or other person designated by the mayor, may direct any licensee under this chapter to remove such accumulated materials, and to render a statement of the charges therefor, to such owner or occupant; and such licensee may thereafter file with the finance director who may recover costs in accordance with applicable law. (Ord. 2284 § 3, 1999; Ord. 22 § 10, 1959)

5.08.110 Purpose of chapter.

This chapter is passed to provide regulation of the business of garbage collection and to provide revenue for the operation of necessary city functions. (Ord. 22 § 11, 1959)

5.08.120 Penalty for violation.

The violation of any of the provisions of this chapter shall constitute a misdemeanor, punishable by a fine not to exceed $100.00. (Ord. 2698 § 2, 2007; Ord. 2656 §§ 1, 2, 2006; Ord. 22 § 13, 1959)

5.08.130 Severability.

If any section, provision or part of this chapter is adjudged invalid such adjudication shall not affect the validity of the chapter as a whole or any section, provision or part thereof not adjudged invalid. (Ord. 22 § 12, 1959)

Chapter 5.16
PAWNBROKERS

Sections:

5.16.010 Definitions.

5.16.020 Pawnbroker’s license required.

5.16.021 Pawnbroker employee license required.

5.16.022 License requirements.

5.16.025 License fee.

5.16.030 Employment of unlicensed persons prohibited.

5.16.040 Hours and location of operations.

5.16.050 Receiving goods from certain people unlawful.

5.16.060 Pawnbroker must hold goods – Interest charges.

5.16.061 Holding of personal property and right of rescission.

5.16.080 Secondhand dealer recordkeeping requirements and penalties to apply.

5.16.010 Definitions.

A. “Chief of police” means the chief of police of the city of Lynnwood or his designee.

B. “Licensee” means any pawnbroker, pawnshop or pawnbroker employee licensed under this chapter.

C. “Pawnbroker,” as used in this chapter, means and includes every person who engages in the business of taking or receiving by way of pledge, pawn or exchange goods, wares or merchandise, or any kind of personal property whatever, for the repayment or security of any money loaned thereon, or to loan money on deposit of personal property, excluding banking institutions and federal savings and loan associations.

D. “Pawnshop” means and includes every place at which the business of pawnbroker is being carried on.

E. “Person” means any individual, firm, corporation, partnership and association. (Ord. 2559 § 1, 2005; Ord. 99 § 1, 1961)

5.16.020 Pawnbroker’s license required.

A. It is unlawful for any person to engage in the business of pawnbroker, as defined in LMC 5.16.010(C), without first procuring a license to do so, to be known as a “pawnbroker’s license.”

B. Any person having more than one pawnshop in the city shall be required to procure a separate license for each and every such place of business.

C. The license of a pawnbroker shall include a photograph and physical description of the licensee, including date of birth, sex, race, height and weight, and the name and address of the licensee’s place of business. A current photograph must be provided upon each license renewal.

D. If the license application(s), as provided for herein, are approved, the city clerk shall issue a license(s) to the applicant upon his executing and delivering to the city a bond to be approved by the city attorney, in the amount of $1,000, conditioned that such licensee conduct such business in compliance with all of the laws of the city, state and the United States.

E. The licenses of pawnbroker’s employees, as required by LMC 5.16.021, shall be posted in a conspicuous location in the licensee’s place of business as long as the licensees are employed at the business. The licenses shall not be altered in any manner. (Ord. 2699 § 12, 2007; Ord. 2656 §§ 1, 2, 2006; Ord. 2559 § 2, 2005; Ord. 1352 § 1, 1983; Ord. 818 § 13, 1975; Ord. 99 § 2, 1961)

5.16.021 Pawnbroker employee license required.

A. It is unlawful for any person to be employed by a pawnbroker or pawnshop under this chapter without first having obtained a pawnbroker employee license.

B. The license of a pawnbroker employee shall include a photograph and physical description, including date of birth, sex, race, height and weight, of the employee and the name and address of the employer’s place of business.

C. The license of a pawnbroker employee shall be posted in a conspicuous location in the licensee’s place of business as long as the licensee is employed at the business. The license shall not be altered in any manner. (Ord. 2559 § 3, 2005)

5.16.022 License requirements.

Applicants seeking a pawnbroker or pawnbroker employee license under this chapter shall:

A. Be subject to an investigation by the chief of police who shall investigate the following:

1. Whether the applicant has any prior criminal convictions;

2. Whether any outstanding criminal violations or charges exist;

3. Whether any legitimate complaints exist regarding the applicant’s past business practices that would have any bearing or effect on the issuance of the license;

4. Whether the person is prohibited by law from engaging in this type of activity;

5. Whether the application should otherwise be disapproved based upon public safety considerations.

B. Submit to fingerprinting by the chief of police and such fingerprints shall be retained in the application file, a copy of which may be forwarded to the Washington State Patrol, Identification Section, or other agency.

Within 30 days following receipt of the application from the licensing authority, the chief of police shall make a written recommendation on the issuance of the license to the city clerk, who may then approve the application for such license. (Ord. 2559 § 4, 2005)

5.16.025 License fee.

A. The license fee for each pawnbroker shall be fixed in the sum shown in Chapter 3.104 LMC.

B. The license fee for each pawnbroker employee shall be fixed in the sum shown in Chapter 3.104 LMC. (Ord. 2656 §§ 1, 2, 2006; Ord. 2559 § 5, 2005; Ord. 818 § 14, 1975)

5.16.030 Employment of unlicensed persons prohibited.

It shall be unlawful for any pawnshop or pawnbroker to employ any person who does not have a valid pawnbroker employee license issued by the city of Lynnwood pursuant to this chapter. (Ord. 2559 § 6, 2005)

5.16.040 Hours and location of operations.

It shall be unlawful for any pawnbroker or employee licensed under this chapter to transact any business between the hours of 9:00 p.m. and 6:00 a.m. unless special permission is given by the chief of police. All property sold, or taken in pawn, purchase, trade, or consignment by a licensee shall be done on the business premises and shall be subject to all applicable transaction restrictions. (Ord. 2559 § 7, 2005)

5.16.050 Receiving goods from certain people unlawful.

A. No licensee under this chapter shall receive in pledge or purchase any property from any person who is at the time of the transaction:

1. Under 18 years of age; or

2. Under the influence of alcohol; or

3. Under the influence of drugs; or

4. Attempting to pledge or sell any property which the employee knows or suspects or should suspect to be stolen; or

5. From any habitual drunkard or from any person addicted to the use of a narcotic drug, or from any person who is known to be a thief or receiver of stolen goods, or from any person who he has reason to suspect or believe to be such; or

6. Known to the licensee as having been convicted of burglary, robbery, theft, forgery, fraud or possession of or receiving stolen property within the past 10 years, whether the person is acting in his or her own behalf or as an agent of another. The chief of police shall be authorized to compile a list of qualified persons convicted of property crimes and provide such list to licensees as a reference list of persons from whom they may not receive or purchase property.

B. Notification by the police department given to such licensee, his agent, employee or representative that person has been convicted of burglary, robbery, theft, fraud, forgery, or possession of stolen property shall constitute sufficient notice of such convictions under the provisions of this chapter, and shall be prima facie evidence that the licensee, his agent, employee or representative has due notice thereof. (Ord. 2559 § 8, 2005)

5.16.060 Pawnbroker must hold goods – Interest charges.

All pawnbrokers are authorized to charge and receive interest at the rate of three percent per month, from any loan on the security of personal property actually received in pledge, and every person who asks or receives a higher rate of interest or discount on any such loan, or on any actual or pretended sale or redemption of personal property or who sells any property held for redemption within 90 days after the period for redemption has expired is guilty of violation of this chapter. (Ord. 99 § 6, 1961)

5.16.061 Holding of personal property and right of rescission.

A. All pawnbrokers who purchase from a customer articles of personal property and goods are required to hold said personal property for a period of 30 days from the date of purchase before offering for sale or selling said personal property and goods.

B. Any person who sells personal property and goods to a pawnbroker as set forth in subsection (A) of this section shall be entitled to rescind said sale within a period of 10 days of the sale by tendering to the pawnbroker the full amount of the purchase price, plus interest charges as provided in LMC 5.16.060.

C. Violation of this section by any pawnbroker or pawnbroker employee is a misdemeanor. (Ord. 2559 § 9, 2005; Ord. 736 § 1, 1974)

5.16.080 Secondhand dealer recordkeeping requirements and penalties to apply.

All individuals, corporations, partnerships, associations and all other legal entities conducting business as a pawnbroker or a pawnshop in Lynnwood shall comply and be subjected to all rules, regulations, duties of recordkeeping and penalties as set forth in Chapter 5.82 LMC that are not in conflict herein as those sections now exist or as hereafter amended. (Ord. 1352 § 3, 1983)

Chapter 5.20
PEDDLERS AND SALESMEN

Sections:

5.20.010 License to peddle required – Exception.

5.20.020 Peddler defined.

5.20.030 License fees.

5.20.040 Application for license.

5.20.050 Investigation and issuance of license.

5.20.060 Entry on property posted against trespass.

5.20.070 Carrying and producing license.

5.20.080 Conflict with state law not intended.

5.20.090 Purpose of chapter.

5.20.100 Penalty for violations.

5.20.110 Severability.

5.20.010 License to peddle required – Exception.

It is unlawful for any person, firm or corporation to peddle any article, service or thing within the city of Lynnwood, except as otherwise provided, without first procuring a license to do so, to be known as a “peddler’s license.” Each peddler’s license shall specify articles, services or things to be peddled, and the time for which the same is to be issued. No license shall be required to peddle newspapers of general circulation within the city. (Ord. 29 § 1, 1959)

5.20.020 Peddler defined.

For the purpose of this chapter, “peddler” means:

A. Any person who goes from house to house or place to place within the city of Lynnwood selling, making offers to sell or soliciting offers to buy any goods, wares, merchandise, services or things of value at retail to persons not retailers in such commodities; or

B. Any person who, while offering for sale any goods, wares, merchandise, services or thing of value, stands or sits in a doorway, any unenclosed vacant lot, parcel of land or in any other place not used by such person as a permanent place of business. (Ord. 29 § 2, 1959)

5.20.030 License fees.

A. The license fees for each peddler and investigation fee shall be fixed as shown in Chapter 3.104 LMC.

B. Where the peddler so applies, he may be issued a special license to peddle on a daily basis at a fee as shown in Chapter 3.104 LMC.

C. All peddler applicants shall pay an investigation fee in the sum shown in Chapter 3.104 LMC. In the event that the applicant is rejected, the license fee only will be returned to the applicant; no investigation fee will be required in the case of renewals of existing licenses. (Ord. 2656 §§ 1, 2, 2006; Ord. 818 § 10, 1975; Ord. 29 § 3, 1959)

5.20.040 Application for license.

All applications for license hereunder shall be made to the city clerk upon such forms as he may direct, setting forth the proposed duration of the license, the article or service to be sold and the purchase price thereof, the name and address of the applicant and of the manufacturer or distributor of the article or service to be sold, a statement of the past employment of the applicant for the preceding two years, a statement of similar licenses granted to the applicant by other governing bodies during the preceding two-year period, and a statement by the applicant as to previous convictions of crime in any court. (Ord. 29 § 4, 1959)

5.20.050 Investigation and issuance of license.

The city clerk will investigate each applicant within a reasonable time, and shall issue all licenses hereunder. However, no license shall be issued to any applicant who is discovered to have made a false material statement in his application therefor, or who is discovered to be of poor moral character such that the interest of public welfare and safety require that no such license be granted. (Ord. 29 § 5, 1959)

5.20.060 Entry on property posted against trespass.

It is unlawful for any person to enter into or upon any land of another or willfully to go or remain upon the land of another after having been warned by the owner or occupant thereof not to trespass thereon. For the purposes of this section, any clearly legible sign warning against said trespass which is posted prominently on said property so that it may be read from the boundary thereof shall be presumed to be sufficient warning within the meaning of this section and shall revoke any implied invitation to enter upon said land. (Ord. 29 § 6, 1959)

5.20.070 Carrying and producing license.

Each peddler as defined in this chapter shall be required to carry his license upon his person, and shall produce the same for inspection upon the demand of the city clerk, any police officer or any customer. (Ord. 29 § 7, 1959)

5.20.080 Conflict with state law not intended.

Nothing contained in this chapter shall be construed so as to prohibit the peddling defined and exempted by RCW 36.71.090,* or any other exemption provided by the laws of the state of Washington; provided, that person soliciting or peddling pursuant to authority of state certificate shall, before soliciting or peddling in the city of Lynnwood, show said certificate or state identification card to the office of the city clerk. (Ord. 1089 § 9, 1979; Ord. 29 § 8, 1959)

*Ordinance refers to Session Law of Washington.

5.20.090 Purpose of chapter.

This chapter is declared to be enacted for the purpose of regulating the persons and acts defined above in this chapter. (Ord. 29 § 9, 1959)

5.20.100 Penalty for violations.

Any violation of the provisions of this chapter shall be deemed a misdemeanor, and shall be punished by a fine not to exceed $300.00 or imprisonment not to exceed 90 days or by both such fine and imprisonment. (Ord. 2698 § 3, 2007; Ord. 2656 §§ 1, 2, 2006; Ord. 29 § 11, 1959)

5.20.110 Severability.

The provisions of this chapter are declared to be severable, and if any section, clause or provision hereof is declared to be invalid, such decision shall not affect the validity of all sections, clauses or provisions not declared to be invalid. (Ord. 29 § 10, 1959)

Chapter 5.24
DANCING*

(Repealed by Ord. 1581)

*See Chapter 5.25 LMC.

Chapter 5.25
PUBLIC DANCES AND TEEN
DANCE HALLS

Sections:

5.25.010 Definitions.

5.25.020 License required – Fee – Renewals.

5.25.030 License – Exemption and waiver of payment.

5.25.040 Applications.

5.25.050 Denial or nonrenewal of license.

5.25.060 Security.

5.25.070 Litter control – Security for cleanup.

5.25.080 Loitering on premises prohibited.

5.25.090 Revocation or suspension of license.

5.25.100 Appeal from denial, revocation or conditions.

5.25.110 Age restrictions.

5.25.120 Hours of operation.

5.25.130 Public dance – Readmission fee.

5.25.140 Access – By police and fire officers.

5.25.150 License limited to licensee and location.

5.25.160 Severability.

5.25.010 Definitions.

For the purpose of this section and unless the context plainly requires otherwise, the following definitions are adopted:

A. “Public dance” means any dance that is open to the public and which:

1. Is conducted for a profit, direct or indirect; or

2. Requires a monetary payment or contribution from the persons admitted.

The term “public dance” does not include a banquet, party or celebration conducted for invited guests which is not open to the public.

B. “Dance hall” means any place or premises where a public dance is conducted, including but not limited to all parking areas, hallways, bathrooms, and adjoining areas accessible to the public during the dance.

C. “Person” includes one or more natural persons, corporations, partnerships or unincorporated associations or other forms of business organization.

D. “Police chief” means the city of Lynnwood police chief or his or her designee.

E. “Security” means employees dedicated to maintaining adherence to laws and regulations of this chapter in the dance hall.

F. “Fire marshal” means the city of Lynnwood fire marshal or his or her designee.

G. “Finance director” means the city of Lynnwood finance director or his or her designee. (Ord. 2252 § 1, 1999; Ord. 1581 § 1, 1987)

5.25.020 License required – Fee – Renewals.

A. It is unlawful for any person to conduct a public dance within the city of Lynnwood without first having obtained and being the holder of a valid and subsisting license for such activity, to be known as a public dance license. The annual fee for a public dance license is shown in Chapter 3.104 LMC; provided, that the finance director may issue a permit to any applicant for one dance only for a fee as shown in Chapter 3.104 LMC; provided further, that the finance director shall not issue more than three single dance permits within any 30-day period to any one person, or to anyone acting on their behalf or to any applicant desiring to hold a public dance at any place where more than three single dance permits have been issued within the last 30 days without the applicant first securing an annual dance permit. The term and renewal of any and all annual licenses shall be as provided in LMC 5.04.040.

B. All applications for permits, whether annual or single night, shall indicate the anticipated dates of proposed dances and both the hour of commencement and closing of each of the proposed dances.

C. The permits as provided in this chapter shall not be assignable.

D. All annual dance licenses shall expire on December 31st of each year. (Ord. 2656 §§ 1, 2, 2006; Ord. 2252 § 2, 1999; Ord. 1581 § 2, 1987)

5.25.030 License – Exemption and waiver of payment.

A. A license is not required if the public dance is sponsored by an educational institution accredited by the state of Washington.

B. A license is not required if the public dance is sponsored by a nonprofit, tax exempt organization, corporation or association recognized by the United States of America as exempt from federal income taxation pursuant to Section 501(C)(1) or (3) of the Internal Revenue Code of 1954, 26 USC Section 501 as now existing or hereafter amended.

C. If the public dance is managed or operated by the city of Lynnwood, the license requirements of this chapter may be waived by the police chief.

D. Those organizations which are not required to obtain a license under this chapter shall register their intent to conduct a public or teen dance with the finance director within 14 days prior to each dance held, and shall include such information required for an application for a license under this chapter. Additionally, that organization shall provide proof satisfactory to the finance director of the organizations’ exempt status. (Ord. 2252 § 3, 1999; Ord. 1581 § 3, 1987)

5.25.040 Applications.

A. Applications for any license pursuant to this chapter shall be submitted in writing to the finance director upon such forms as the finance director may prescribe at least 30 days prior to the first dance. If the application is submitted less than 30 days before the dance, the finance director may, subject to available resources, process the application, subject to an additional processing fee of 50 percent of the prescribed fee. In addition to other information requested, application forms shall contain the name and place of residence of the applicant, the address and description of the premises to be licensed and the time and date of the dance or dances to be held.

B. All applications shall be referred to the police chief who shall conduct an investigation as to the truth of the statements contained therein and investigate all other matters pertaining to the criteria for license approval set forth in LMC 5.25.050. The police chief shall report to the finance director the results of such investigation, as well as his or her other findings as to whether the criteria for obtaining a public dance license have been met.

C. The police chief, either at time of initial licensing, or anytime thereafter, may impose such conditions as he or she finds necessary to adequately protect the public health, safety and general welfare, including the condition that the licensee employ an off-duty police officer to enforce the laws of the state of Washington and city ordinances during any dance.

D. In addition, the applicant shall be responsible for any special costs, plus 15 percent administrative fee. For example, if two police officers at $25.00 per hour are required for two hours, then the applicant would pay, in addition to the application fee, $115.00 ($25.00 x 2 hours x 2 officers + 15 percent). (Ord. 2252 § 4, 1999; Ord. 1581 § 4, 1987)

5.25.050 Denial or nonrenewal of license.

A. The finance director shall deny or not renew a license if one or more of the following conditions exists:

1. The applicant is not in compliance with any state, county or city law or ordinance applicable to the premises or operator, or has failed to pay any penalties, fines, or assessments levied pursuant to this chapter, provided, a dance license shall not be withheld if the licensee is in compliance with a court or administrative order concerning payment of penalties, fines, or assessments.

2. The applicant or any of the applicant’s officers, directors, partners, operators, employees or other person involved in the operation of the dance or dance hall have committed any act, which, if committed by a licensee, would be grounds for suspension or revocation of a license or permit.

3. Within the last two years the applicant has been refused a license or had a license revoked under the provisions of this chapter.

B. Any applicant denied a license may reapply and be granted a license if the applicant can show that the basis for such denial no longer exists.

C. When the finance director refuses to grant a license, or grants a license with conditions, he or she shall notify the applicant in writing of the same and shall inform the applicant of his/her right to appeal to the police chief within 10 days of the date of the notice by filing a written notice of appeal which contains a statement of the reasons for the appeal with the finance director. Upon timely receipt of a written notice of appeal, the finance director shall schedule a hearing of the matter pursuant to LMC 5.25.100, such hearing to be held within 15 days of receipt of an applicant’s written appeal. (Ord. 2252 § 5, 1999; Ord. 1581 § 5, 1987)

5.25.060 Security.

A. It shall be the obligations of every person licensed under this chapter to insure that an adequate number of qualified security personnel are employed and present at a teen dance, during and following each dance, as is necessary to maintain order and insure compliance with the laws of the state of Washington and ordinances of the city of Lynnwood.

B. The police chief will review the security provisions of the establishment and may, at his discretion, require the augmentation of security personnel to include hiring off-duty police officers. (Ord. 2252 § 6, 1999; Ord. 1581 § 6, 1987)

5.25.070 Litter control – Security for cleanup.

A. Prior to issuance of any public dance license, a cash security deposit in the amount of $200.00 shall be submitted to the finance director as security for the cleanup of all litter resulting from any public dance authorized by the license. In the event the licensee fails to clean up all litter on any public or private property which results from any public dance conducted by the licensee within 24 hours of the end of the dance, the city may cause such litter to be cleaned up and pay the costs of the cleanup out of the security funds. Litter resulting from the public dance shall be limited to that occurring within a one-block radius of the location of the dance unless clearly identified to the dance. In the event the cost of the cleanup exceeds the amount of funds on deposit, the licensee shall pay such excess costs.

B. Upon termination of all activities authorized by a public dance license and cleanup of all litter resulting from such an activity, the remainder of all funds deposited as security for litter cleanup shall be refunded to the licensee, without interest. (Ord. 2699 § 13, 2007; Ord. 2656 §§ 1, 2, 2006; Ord. 2252 § 7, 1999; Ord. 1581 § 7, 1987)

5.25.080 Loitering on premises prohibited.

It shall be the obligation of each person issued a license under this chapter to prevent loitering of all persons on the premises of the dance hall, including parking lot and driveway areas used by patrons of the dance hall. “Loitering” shall not include walking between the entrance to the public dance and parked vehicles, nor shall it include the act of waiting in line to gain admission to the dance. (Ord. 1581 § 8, 1987)

5.25.090 Revocation or suspension of license.

A. After giving notice to the licensee of the right to a hearing pursuant to the procedures set forth in LMC 5.25.100 and conducting a hearing before the police chief if a timely request is filed, the finance director may suspend or revoke any license issued pursuant to this section where one or more of the following conditions exists:

1. The license was procured by fraud or false representation of material fact in the application or in any report or record required to be filed with the finance director;

2. The building, structure, equipment or location of the business or dance for which the license was issued does not comply with the requirements or fails to meet the standards of the applicable health, zoning, building, fire and safety laws and ordinances of the state of Washington, Snohomish County, and the city of Lynnwood, or the requirements of this chapter;

3. The applicant or any of the applicant’s officers, directors, partners, operators, employees or other person involved in the operation of a teen dance has been convicted within the last five years of a felony involving a crime of violence (as defined in RCW 9.41.010(2) upon a juvenile as now exists or hereafter amended) or any felony under Chapters 9A.44, 9A.64, 9A.88 or 69.50 RCW; or

4. The licensee or his or her employee, agent, partner, director, officer or manager has knowingly allowed or permitted:

a. A felony involving a crime of violence (as defined in RCW 9.42.010(2) as now exists or hereafter amended) or any felony under Chapters 9A.44, 9A.64, 9A.88 or 69.50 RCW to occur in or upon the dance hall premises;

b. Any act of or solicitation for sexual intercourse, sodomy, oral copulation, or masturbation to be committed in or upon the dance hall premises; or

c. The possession or consumption of liquor by persons under the age of 21 years; or

d. The giving or supplying of liquor to any person under the age of 21 years; or

e. The use by any person in or upon the dance hall premises of marijuana, cocaine or any other controlled substance (as defined in RCW 69.50.101(d) as now exists or as hereafter amended) not prescribed by a licensed physician for use by the person possessing or using the substance; or

f. Violation of any condition placed upon a license issued pursuant to this chapter; or

g. Violation of any other applicable law or ordinance, which the police chief or his designee finds constitutes an unreasonable interference with surrounding land use or is otherwise unreasonably detrimental to the public welfare;

h. The building, structure, equipment or location of the business for which the license was issued does not comply with the requirements or fails to meet the standards of the applicable health, zoning, building, fire and safety laws and ordinances of the state of Washington, Snohomish County, and the city of Lynnwood, or the requirements of this chapter;

i. The licensee or any owner or agent thereof has committed any act which is a ground for denial of a license.

B. If the finance director finds that any of the conditions set forth in this chapter exist and that the existence of such condition constitutes a threat of immediate and serious injury or damage to person or property, and in the case of conditions which may be eliminated by the license, that notice of the conditions has been given to the licensee and at least 24 hours have expired without the elimination of such conditions, the finance director may immediately suspend any license issued under this chapter without prior opportunity to be heard, in which event the licensee shall be entitled to appeal the decision to the police chief in accordance with LMC 5.25.100. The notice of immediate suspension of license given pursuant to this subsection shall include a statement of the conditions found to exist that constitutes a threat of immediate and serious injury or damage to persons or property, and shall also inform the applicant of his right to appeal within 10 days of the date of the notice by filing a written notice of appeal which contains a statement of the reasons for the appeal with the finance director. Upon timely receipt of a written notice of appeal, the finance director will schedule a hearing of the matter before the police chief pursuant to LMC 5.25.100, such hearing to be held within 15 days of receipt of the written notice of appeal. (Ord. 2252 § 8, 1999; Ord. 1581 § 9, 1987)

5.25.100 Appeal from denial, revocation or conditions.

A. When the finance director refuses to grant a license, revokes or suspends a license previously issued, or grants a license with conditions, the finance director shall notify the applicant in writing of the same and shall inform the applicant of his right to a hearing before the police chief within 10 days of the date of the notice by filing a written notice of appeal which contains a statement of the reasons for the appeal with the finance director.

B. If the applicant timely files a notice of appeal, the applicant shall be afforded a hearing before the police chief at which time the applicant shall be afforded an opportunity to show that the conditions imposed are without merit or that the reasons for denial of the license do not justify the denial. After the hearing the police chief shall determine whether the applicant has shown reason to revise the conditions or to issue the license and shall make its final decision. (Ord. 2252 § 9, 1999; Ord. 1581 § 10, 1987)

5.25.110 Age restrictions.

A. No person conducting a public dance or maintaining a public dance hall shall allow persons under the age of 18 years to enter or remain in the dance hall without a parent or legal guardian present.

B. It is the responsibility of the person conducting and/or operating a public dance to require identification showing the age and photograph of each person admitted, such as but not limited to a valid Washington State driver’s license or photo identification card.

C. Every person who knowingly or recklessly allows a person to enter or remain in violation of this section shall be guilty of a misdemeanor, punishable as prescribed in LMC 10.02.080.

D. Any person who affirmatively misrepresents his or her age to obtain admission to or permission to remain in any public dance in violation of this chapter shall be guilty of a misdemeanor, punishable as prescribed in LMC 10.02.080. (Ord. 2252 § 9, 1999; Ord. 1581 § 11, 1987)

5.25.120 Hours of operation.

No public dance shall be conducted, operated or otherwise open to the public past the hour of 2:00 a.m. and shall not open before the hour of 8:00 a.m. (Ord. 2252 § 9, 1999; Ord. 1581 § 12, 1987)

5.25.130 Public dance – Readmission fee.

No person conducting or operating a public dance or public dance hall shall permit any person, other than an employee, to leave the dance or dance hall and return unless that person pays a readmission fee equal to the original price of admission. (Ord. 1581 § 13, 1987)

5.25.140 Access – By police and fire officers.

All police officers of the city of Lynnwood and/or the police chief and the fire marshal shall have free access to public dances and dance halls when a dance is being conducted, for the purpose of inspection and to enforce compliance with the provisions of this chapter and other applicable city, county and state health, zoning, building, fire and safety ordinances and laws. (Ord. 1581 § 14, 1987)

5.25.150 License limited to licensee and location.

Any license issued under the provisions of this chapter shall apply to a single licensee and to a single location only and shall not be transferable to other locations or to other persons. (Ord. 1581 § 15, 1987)

5.25.160 Severability.

If any section, subsection, sentence, clause, phrase or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this chapter. (Ord. 1581 § 16, 1987)

Chapter 5.26
LICENSING OF TEEN PUBLIC DANCE

Sections:

5.26.010 Definitions.

5.26.020 License required – Fee – Renewals.

5.26.030 License – Exemption and waiver of payment.

5.26.040 Applications.

5.26.050 Denial or nonrenewal of license.

5.26.060 Security.

5.26.070 Litter control – Security for cleanup.

5.26.080 Loitering on premises prohibited.

5.26.090 Revocation or suspension of license.

5.26.100 Appeal from denial, revocation or conditions.

5.26.110 Age restrictions.

5.26.120 Hours of operation.

5.26.130 Teen public dance – Readmission fee.

5.26.140 Access – By police and fire officers.

5.26.150 License limited to licensee and location.

5.26.160 Severability.

5.26.010 Definitions.

For the purpose of this section and unless the context plainly requires otherwise, the following definitions are adopted:

A. “Public teen dance” means any dance that is open to the public and which permits the entry of persons under the age of 21 years, and:

1. Is conducted for a profit, direct or indirect; or

2. Requires a monetary payment or contribution from the persons admitted.

The term “public teen dance” does not include a banquet, party or celebration conducted for invited guests which is not open to the public.

B. “Teen dance hall” means any place or premises where a teen public dance is conducted, including but not limited to all parking areas, hallways, bathrooms, and adjoining areas accessible to the public during the dance.

C. “Person” includes one or more natural persons, corporations, partnerships or unincorporated associations or other forms of business organization.

D. “Police chief” means the city of Lynnwood police chief or his or her designee.

E. “Security” means employees dedicated to maintaining adherence to laws and regulations of this chapter in the teen dance hall.

F. “Fire marshal” means the city of Lynnwood fire marshal or his or her designee.

G. “Finance director” means the city of Lynnwood finance director or his or her designee. (Ord. 2253 § 1, 1999)

5.26.020 License required – Fee – Renewals.

A. It is unlawful for any person to conduct a teen public dance within the city of Lynnwood without first having obtained and being the holder of a valid and subsisting license for such activity, to be known as a teen public dance license. The annual fee for a public dance license is as shown in Chapter 3.104 LMC; provided, that the finance director may issue a permit to any applicant for one dance only for a fee as shown in Chapter 3.104 LMC; provided further, that the finance director shall not issue more than three single dance permits within any 30-day period to any one person, or to anyone acting on their behalf or to any applicant desiring to hold a teen public dance at any place where more than three single dance permits have been issued within the last 30 days without the applicant first securing an annual dance permit. The term and renewal of any and all annual licenses shall be as provided in LMC 5.04.040.

B. All applications for permits, whether annual or single night, shall indicate the anticipated dates of proposed dances and both the hour of commencement and closing of each of the proposed dances.

C. The permits as provided in this chapter shall not be assignable.

D. All annual dance licenses shall expire on December 31st of each year. (Ord. 2656 §§ 1, 2, 2006; Ord. 2253 § 2, 1999)

5.26.030 License – Exemption and waiver of payment.

A. A license is not required if the teen public dance is sponsored by an educational institution accredited by the state of Washington.

B. A license is not required if the public dance is sponsored by a nonprofit, tax exempt organization, corporation or association recognized by the United States of America as exempt from federal income taxation pursuant to Section 501(C)(1) or (3) of the Internal Revenue Code of 1954, 26 USC Section 501 as now existing or hereafter amended.

C. If the teen public dance is managed or operated by the city of Lynnwood, the license requirements of this chapter may be waived by the police chief.

D. Those organizations which are not required to obtain a license under this chapter shall register their intent to conduct a public or teen dance with the finance director within 14 days prior to each dance held, and shall include such information required for an application for a license under this chapter. Additionally, that organization shall provide proof satisfactory to the finance director of the organizations’ exempt status. (Ord. 2253 § 3, 1999)

5.26.040 Applications.

A. Applications for any license pursuant to this chapter shall be submitted in writing to the finance director upon such forms as the finance director may prescribe at least 30 days prior to the first dance. If the application is submitted less than 30 days before the teen public dance, the finance director may, subject to available resources, process the application, subject to an additional processing fee of 50 percent of the prescribed fee. In addition to other information requested, application forms shall contain the name and place of residence of the applicant, the address and description of the premises to be licensed and the time and date of the dance or dances to be held. All applications shall be accompanied by a certificate of insurance evidencing public liability coverage for persons and property equal to at least $500,000 per occurrence and one million in aggregate. Such policy shall be in a form and with a company approved by the city, and name the city of Lynnwood as a named insured and provide for 30 days’ notice of cancellation.

B. All applications shall be referred to the police chief who shall conduct an investigation as to the truth of the statements contained therein and investigate all other matters pertaining to the criteria for license approval set forth in LMC 5.26.050. The police chief shall report to the finance director the results of such investigation, as well as his or her other findings as to whether the criteria for obtaining a teen public dance license have been met.

C. The police chief, either at the time of initial licensing, or anytime thereafter, may impose such conditions as he finds necessary to adequately protect the public health, safety and general welfare, including the condition that the licensee employ an off-duty police officer to enforce the laws of the state of Washington and city ordinances during any dance.

D. In addition, the applicant shall be responsible for any special costs, plus 15 percent administrative fee. For example, if two police officers at $25.00 per hour are required for two hours, then the applicant would pay, in addition to the application fee, $115.00 ($25.00 x 2 hours x 2 officers + 15 percent). (Ord. 2253 § 4, 1999)

5.26.050 Denial or nonrenewal of license.

A. The finance director shall deny or not renew a license if one or more of the following conditions exist:

1. The applicant is not in compliance with any state, county or city law or ordinance applicable to the premises or operator, or has failed to pay any penalties, fines, or assessments levied pursuant to this chapter; provided, a teen dance license shall not be withheld if the licensee is in compliance with a court or administrative order concerning payment of penalties, fines, or assessments;

2. The applicant or any of the applicant’s officers, directors, partners, operators, employees or other person involved in the operation of the dance or teen dance hall have:

a. Committed any act, which, if committed by a licensee, would be grounds for suspension or revocation of a license or permit;

b. Been convicted within the last five years of a felony involving a crime of violence (as defined in RCW 9.41.010(2) as now exists or hereafter amended) upon a juvenile or any felony under Chapters 9A.44, 9A.88 or 69.50 RCW; or

3. Within the last two years the applicant has been refused a license or had a license revoked under the provisions of this chapter.

B. Any applicant denied a license may reapply and be granted a license if the applicant can show that the basis for such denial no longer exists.

C. When the finance director refuses to grant a license, or grants a license with conditions, he or she shall notify the applicant in writing of the same and shall inform the applicant of his/her right to appeal to the police chief within 10 days of the date of the notice by filing a written notice of appeal which contains a statement of the reasons for the appeal with the finance director. Upon timely receipt of a written notice of appeal, the finance director shall schedule a hearing of the matter pursuant to LMC 5.26.100, such hearing to be held within 15 days of receipt of an applicant’s written appeal. (Ord. 2253 § 5, 1999)

5.26.060 Security.

A. It shall be the obligations of every person licensed under this chapter to insure that an adequate number of qualified security personnel are employed and present at a teen dance, during and following each dance, as is necessary to maintain order and insure compliance with the laws of the state of Washington and ordinances of the city of Lynnwood.

B. The police chief will review the security provisions of the establishment and may, at his discretion, require the augmentation of security personnel to include hiring off-duty police officers. (Ord. 2253 § 6, 1999)

5.26.070 Litter control – Security for cleanup.

A. Prior to issuance of any teen public dance license, other than for an annual license for a fixed business premises, a cash security deposit in the amount of $200.00 shall be submitted to the finance director as security for the cleanup of all litter resulting from any teen public dance authorized by the license. In the event the licensee fails to clean up all litter on any public or private property which results from any teen public dance conducted by the licensee within 24 hours of the end of the dance, the city may cause such litter to be cleaned up and pay the costs of the cleanup out of the security funds. Litter resulting from the public dance shall be limited to that occurring within a one-block radius of the location of the dance unless clearly identified to the dance. In the event the cost of the cleanup exceeds the amount of funds on deposit, the licensee shall pay such excess costs.

B. Upon termination of all activities authorized by a public dance license and cleanup of all litter resulting from such an activity, the remainder of all funds deposited as security for litter cleanup shall be refunded to the licensee, without interest. (Ord. 2699 § 14, 2007; Ord. 2656 §§ 1, 2, 2006; Ord. 2253 § 7, 1999)

5.26.080 Loitering on premises prohibited.

It shall be the obligation of each person issued a license under this chapter to prevent loitering of all persons on the premises of the dance hall, including parking lot and driveway areas used by patrons of the dance hall. “Loitering” shall not include walking between the entrance to the teen public dance and parked vehicles, nor shall it include the act of waiting in line to gain admission to the dance. (Ord. 2253 § 8, 1999)

5.26.090 Revocation or suspension of license.

A. After giving notice to the licensee of the right to a hearing pursuant to the procedures set forth in LMC 5.26.100 and conducting a hearing before the police chief if a timely request is filed, the finance director may suspend or revoke any license issued pursuant to this section where one or more of the following conditions exist:

1. The license was procured by fraud or false representation of material fact in the application or in any report or record required to be filed with the finance director;

2. The building, structure, equipment or location of the business or dance for which the license was issued does not comply with the requirements or fails to meet the standards of the applicable health, zoning, building, fire and safety laws and ordinances of the state of Washington, Snohomish County, and the city of Lynnwood, or the requirements of this chapter;

3. The applicant or any of the applicant’s officers, directors, partners, operators, employees or other person involved in the operation of a teen dance has been convicted within the last five years of a felony involving a crime of violence (as defined in RCW 9.41.010) upon a juvenile as now exists or hereafter amended) or any felony under Chapters 9A.44, 9A.64, 9A.88 or 69.50 RCW; or

4. The licensee or his or her employee, agent, partner, director, officer or manager has knowingly allowed or permitted:

a. A felony involving a crime of violence (as defined in RCW 9.41.010) as now exists or hereafter amended) or any felony under Chapters 9A.44, 9A.64, 9A.88 or 69.50 RCW to occur in or upon the dance hall premises;

b. Any act of or solicitation for sexual intercourse, sodomy, oral copulation, or masturbation to be committed in or upon the dance hall premises; or

c. The possession or consumption of liquor by persons under the age of 21 years; or

d. The giving or supplying of liquor to any person under the age of 21 years; or

e. The use by any person in or upon the dance hall premises of marijuana, cocaine or any other controlled substance (as defined in RCW 69.50.101(d) as now exists or as hereafter amended) not prescribed by a licensed physician for use by the person possessing or using the substance; or

f. Has knowingly failed to remove from such premises, any person who appears to be under the influence of, or affected by the use of alcohol or any controlled substance, or whose conduct poses a danger to the safety of others present; or

g. A crime involving prostitution, lewd conduct, or assault on a juvenile to occur in or upon the teen dance hall premises; or

h. The possession of any weapon in or upon the premises; or

i. Violation of any condition placed upon a license issued pursuant to this chapter; or

j. Violation of any other applicable law or ordinance, which the police chief or his designee finds constitutes an unreasonable interference with surrounding land use or is otherwise unreasonably detrimental to the public welfare;

k. The building, structure, equipment or location of the business for which the license was issued does not comply with the requirements or fails to meet the standards of the applicable health, zoning, building, fire and safety laws and ordinances of the state of Washington, Snohomish County, and the city of Lynnwood, or the requirements of this chapter;

l. The licensee or any owner or agent thereof has committed any act which is a ground for denial of a license.

B. If the finance director finds that any of the conditions set forth in this chapter exist and that the existence of such condition constitutes a threat of immediate and serious injury or damage to person or property, and in the case of conditions which may be eliminated by the license, that notice of the conditions has been given to the licensee and at least 24 hours have expired without the elimination of such conditions, the finance director may immediately suspend any license issued under this chapter without prior opportunity to be heard, in which event the licensee shall be entitled to appeal the decision to the police chief in accordance with LMC 5.26.100. The notice of immediate suspension of license given pursuant to this subsection shall include a statement of the conditions found to exist that constitutes a threat of immediate and serious injury or damage to persons or property, and shall also inform the applicant of his right to appeal within 10 days of the date of the notice by filing a written notice of appeal which contains a statement of the reasons for the appeal with the finance director. Upon timely receipt of a written notice of appeal, the finance director will schedule a hearing of the matter before the police chief pursuant to LMC 5.26.100, such hearing to be held within 15 days of receipt of the written notice of appeal. (Ord. 2253 § 9, 1999)

5.26.100 Appeal from denial, revocation or conditions.

A. When the finance director refuses to grant a license, revokes or suspends a license previously issued, or grants a license with conditions, the finance director shall notify the applicant in writing of the same and shall inform the applicant of his right to a hearing before the police within 10 days of the date of the notice by filing a written notice of appeal which contains a statement of the reasons for the appeal with the finance director.

B. If the applicant timely files a notice of appeal, the applicant shall be afforded a hearing before the police chief at which time the applicant shall be afforded an opportunity to show that the conditions imposed are without merit or that the reasons for denial of the license do not justify the denial. After the hearing the police chief shall determine whether the applicant has shown reason to revise the conditions or to issue the license and shall make its final decision. (Ord. 2253 § 10, 1999)

5.26.110 Age restrictions.

A. No person conducting a public dance or maintaining a public dance hall shall allow persons under the age of 16 years to enter or remain in the teen dance hall without a parent or legal guardian present.

B. No person conducting a “teen dance” as defined in this chapter shall allow persons over the age of 20 years to enter or remain in the teen dance hall as defined, except for parent or legal guardian.

C. It is the responsibility of the person conducting and/or operating a teen public dance to require identification showing the age and photograph of each person admitted, such as but not limited to a valid Washington State driver’s license or photo identification card.

D. Every person who knowingly or recklessly allows a person to enter or remain in violation of this section shall be guilty of a misdemeanor, punishable as prescribed in LMC 10.02.080.

E. Any person who affirmatively misrepresents his or her age to obtain admission to or permission to remain in any teen public dance in violation of this chapter shall be guilty of a misdemeanor, punishable as prescribed in LMC 10.02.080. (Ord. 2253 § 11, 1999)

5.26.120 Hours of operation.

No teen public dance shall be conducted, operated or otherwise open to the public past the hour of 12:00 midnight on any school night, nor past the hour of 2:00 a.m. on any other day, and shall not open before 8:00 a.m. For the purpose of this section, the term “school night” means any night preceding a day upon which public schools within the city of Lynnwood are scheduled to operate as of the time of commencement of the dance. (Ord. 2253 § 12, 1999)

5.26.130 Teen public dance – Readmission fee.

No person conducting or operating a teen public dance or teen public dance hall shall permit any person, other than an employee, to leave the dance or teen dance hall and return unless that person pays a readmission fee equal to the original price of admission. (Ord. 2253 § 13, 1999)

5.26.140 Access – By police and fire officers.

All police officers of the city of Lynnwood and/or the police chief and the fire marshal shall have free access to teen public dances and teen dance halls when a dance is being conducted, for the purpose of inspection and to enforce compliance with the provisions of this chapter and other applicable city, county and state health, zoning, building, fire and safety ordinances and laws. (Ord. 2253 § 14, 1999)

5.26.150 License limited to licensee and location.

Any license issued under the provisions of this chapter shall apply to a single licensee and to a single location only and shall not be transferable to other locations or to other persons. (Ord. 2253 § 15, 1999)

5.26.160 Severability.

If any section, subsection, sentence, clause, phrase or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this chapter. (Ord. 2253 § 16, 1999)

Chapter 5.28
CIRCUSES AND CARNIVALS*

(Repealed by Ord. 1906)

*See Chapter 5.34 LMC.

Chapter 5.30
SPECIAL EVENTS

Sections:

5.30.010 Definitions.

5.30.015 Exemptions.

5.30.020 Permit required.

5.30.030 Permit application.

5.30.040 Permit fees.

5.30.050 Restrictions on issuance of permits.

5.30.060 Site regulations.

5.30.070 Repealed.

5.30.075 Suspension or revocation of permit.

5.30.080 Right of appeal.

5.30.090 Limitation on number of outdoor events and maximum time period.

5.30.095 Repealed.

5.30.100 Exercise of police power.

5.30.110 Violation – Penalties.

5.30.010 Definitions.

For purposes of this chapter, the following terms, words, and phrases shall have the following meanings:

A. “Emergency response plan” means a plan detailing the expected actions of event management in the case of emergencies, which shall be provided, discussed, and approved by the designate from the police and fire departments. This plan will include, but is not limited to, ingress and egress for emergency equipment and personnel, venue evacuation, crowd control, emergency media relations and pre-identified decision makers for the event.

B. “Fire marshal” means the city of Lynnwood fire marshal or his/her designee.

C. “Person” means an individual, corporation, partnership, incorporated or unincorporated association, organization, or other entity or group of persons, however organized.

D. “Private” or “private event” means an event where persons are specifically and individually invited. It does not include an event where tickets, invitations, or announcements are available to the public.

E. “Public” or “public event” means an event open to the public, and includes an event where tickets, invitations, or announcements are available to the public.

F. “Security” means employees, or other hired personnel, dedicated to maintaining order and ensuring compliance with the laws of the state of Washington and ordinances of the city of Lynnwood.

G. “Site(s)” has the same meaning as set forth in LMC 21.02.175 as now or hereafter amended, and in addition means:

1. A main building, including any accessory buildings or structures, and all associated land areas; or

2. A group of buildings or uses which are developed, owned, or managed as an operating unit (e.g., shopping mall or shopping center, business park, multiple-family complex whether comprised of separately leased or separately owned premises or buildings) and all associated land areas; or

3. In the case of undeveloped property, a land area under common ownership, whether the land area is comprised of one lot, a combination of contiguous lots, or contiguous fractions of lots.

H. “Special event” means any fair, show, festival, exhibition, party, rodeo, animal show, promotion, entertainment, tournament, farmers’ market, parking lot sale, tent sale, or any other temporary activity of like character, which is conducted, in whole or in part, outdoors on a specific property or properties.

I. “Tent(s),” “canopy(ies)” and “temporary membrane structure(s)” have the same meanings as set forth in the current editions of the fire and building codes as adopted by the city. (Ord. 2558 § 1, 2005; Ord. 2194 § 1, 1998; Ord. 1906 § 7, 1992)

5.30.015 Exemptions.

The following events or activities are exempt from the provisions of this chapter; provided, that such events do not advertise the event on signs that are visible from a street or other public property:

A. Special events which are conducted within an enclosed shopping mall during regular shopping hours, including those outdoor areas that are predominantly not visible from a public right-of-way; are in an area predominantly used by pedestrians; and are part of a larger site as defined in LMC 5.30.010, that has at least 50 acres of area;

B. Activities conducted at an educational or religious facility, which are sponsored by and related to the usual activities of such facility.

C. Any regularly organized or reserved use of the city’s parks or recreation facilities when a permit has been obtained from the parks department pursuant to its rules and regulations, except:

1. Commercial events; and/or

2. Special events and parades which are open to the public and not regularly organized or reserved are not exempt.

An example of a regularly organized or reserved use is athletic competitions or events; for example, baseball leagues and handball tournaments. An example of a commercial event would include a radio station-sponsored promotional event at a park, but would not include a company picnic.

An example of an event which is open to the public and not a regularly organized or reserved use of a park would include a rally or picnic for owners of a particular car type where announcements are made inviting the public or owners in general.

D. Special events and parades sponsored by the city of Lynnwood.

E. A private event in a residential zone or public park where less than 100 persons are present or invited to attend.

F. Funeral processions. (Ord. 2558 § 2, 2005)

5.30.020 Permit required.

It shall be unlawful for any person to operate, conduct, transact, exercise, engage, participate in or carry on, either directly or indirectly, within the corporate limits of the city, a special event, parade or activity for which a permit is required as specified in this chapter or applicable city rules and regulations, without first procuring such permit and paying such permit fee as is required by this chapter or applicable city rules and regulations. A special event permit is nontransferable. A report will be prepared annually for the city council documenting the permits that were issued in the previous calendar year, including a report on any problematic events. (Ord. 2558 § 3, 2005; Ord. 2194 § 1, 1998; Ord. 1906 § 8, 1992)

5.30.030 Permit application.

A. Before anyone shall operate or conduct any special event, he/she shall submit a complete written permit application to the finance director’s office and pay all applicable permit fees at least 21 business days before the event. In no event shall an application be accepted or processed if received by the city less than 21 business days before the proposed event, except that an application that is received by the city at least 10 business days prior to the event shall be accepted if the applicant states in writing that he/she waives any rights to appeal a decision on the application, as provided in LMC 5.30.080. Any special event permit application submitted less than 10 business days before the event will be denied.

Before the finance director’s office issues a permit, the permit application shall be processed and recommendations for approval by any city department that may be appropriate under the circumstances. The finance director shall issue or deny a permit application that has been submitted at least 21 days before the event by no later than 10 business days before the scheduled special event.

B. The permit application shall specify:

1. The name of the person(s), firm(s) or corporation(s) which will use the structure or area and operate or manage the activity;

2. The location of the principal place(s) of business of such person(s), firm(s) or corporation(s);

3. The names and addresses of the business owners and managers, or in the case of a corporation, the names of the officers and directors;

4. The dates and times during which the permit is intended to be used, the estimated number of persons expected to attend daily and the number of persons expected to operate the activity on a daily basis;

5. If any tents or canopies are to be used in connection with the activity, an indication of the number and size thereof. If such structure(s) are to be used, the fire marshal shall be responsible for approving the structure (See Chapters 9.04 and 9.10 LMC). Information provided pursuant to this section shall be deemed to constitute an application to erect a tent. The fire marshal’s approval of an application for a permit to conduct or operate a special event using such structure(s) shall be deemed to constitute the tent permit;

6. If any signage is proposed to be used, the number, type, location, size, manner of placement, materials and a description of the sign or banner’s purpose and function in relationship to the staging, conduct or operation of the special event for all such signs. A detailed drawing of all such signage shall also be provided, including its dimensions and lettering;

7. A scaled plot plan, showing the location of all outdoor structures and activities, including the location of all proposed tents or canopies, if any; all existing buildings on the same site and an indication of the type of occupancy and/or use of existing buildings and the net floor area or the dimensions of each existing building; required parking stalls and an indication of any parking stalls which will be blocked or covered by any structure or activity; distance from streets and property lines; fire lanes; and nearest fire hydrant;

8. A floor plan, at a scale of not less than one foot to one-eighth inch, of any building, tent, canopy, or other structure which will be used in connection with the activity. The floor plan shall include the location of all exits and seating capacity;

9. A certificate of flame-proofing for any tent, canopy or temporary membrane structure to be used in connection with the activity;

10. An estimate from the owner of the site, or his/her authorized agent, of the need for parking for the event;

11. A proposed security plan for the event; and

12. Such other and further information as any city department processing the application deems necessary in the interest of the public health, safety and welfare to enable it to review the application.

C. The permit application shall be signed by the owner(s) of all the properties upon which the activity will occur, or his/her authorized agent and by the applicant and shall contain the agreement specified in LMC 5.30.060(A)(3). Failure to sign the agreement shall be grounds for disapproval of the application.

D. Multiple Events. The city will consider a single application for repeating special events commencing during a calendar year if the activities are identical in design, duration and activity and a complete schedule of activities for the calendar year is provided at the time of application. (Ord. 2558 § 4, 2005; Ord. 2455 § 1, 2003; Ord. 2194 § 1, 1998; Ord. 1906 § 9, 1992)

5.30.040 Permit fees.

A. Permit Fee.

1. The proprietor or authorized agent of every special event shall pay at the time of permit application a permit fee as shown in Chapter 3.104 LMC.

2. The permit fee for repeating special events requested under a single application shall be as shown in Chapter 3.104 LMC.

3. The city shall assess a surcharge of 50 percent of the fee if the completed application is submitted less than 21 business days but at least 10 business days before the event date.

4. Fees for use of the city’s parks or recreation facilities shall be set and collected by the city parks department.

B. Nonprofit Exemption. Activities regulated by this chapter which are sponsored, operated, and managed by a bona fide charitable or nonprofit organization or entity, as defined by LMC 5.04.050(A), are exempt from the payment of any fees provided herein.

C. Security and Litter Deposit.

1. Prior to issuance of any special event permit for an outdoor event, a security deposit in the amount of $250.00 shall be submitted to the city finance director as security for the cleanup of all litter resulting from any activity connected with the event.

2. In the event the permittee fails to clean up all litter on any public or private property which results from any event conducted by the permittee within 24 hours after the end of the event, the city may cause such litter to be cleaned up and pay the costs of the cleanup out of the security deposit. The cleanup of litter resulting from the event pursuant to this provision shall be limited to litter occurring within a one-block radius of the location of the event unless the litter is clearly identified with the event. If the cost of the cleanup exceeds the amount of funds on deposit, the permittee shall pay such excess costs.

3. A security deposit in the amount of $250.00 shall be submitted prior to issuance of a permit for repeating special events covered by a single application. In the event that cleanup costs are assessed for any instance of a repeating special event, additional funds must be deposited with the city finance director, such that the deposit in the amount of $250.00 is available to cover subsequent instances of the permitted repeating special events. Such deposit will be retained in full until the final event has concluded and any applicable cleanup costs have been assessed.

4. Upon termination of all activities authorized by a special event permit for an outdoor event and cleanup of all litter resulting from such an activity, the remainder of all funds deposited as security for litter cleanup shall be refunded to the permittee without interest.

D. Fee Refunds. If an application for a permit hereunder is denied by the city or withdrawn by the applicant, 50 percent of the permit fee paid at the time of application shall be returned to the applicant.

E. Special Costs. In addition, the applicant shall be responsible for any special costs, plus 15 percent administrative fee. Special costs may include wages, benefits and supplies required to provide police, fire or other public services required as a result of the event. (Ord. 2699 § 15, 2007; Ord. 2656 §§ 1, 2, 2006; Ord. 2558 § 5, 2005; Ord. 2194 § 1, 1998; Ord. 1906 § 10, 1992)

5.30.050 Restrictions on issuance of permits.

A. Permits issued to businesses for special events will only be issued to resident business license holders in the city of Lynnwood. Special events that occur in commercial or industrial districts shall not be issued a permit unless the activity will occur on the developed premises of a Lynnwood resident business license holder.

B. Permits for special events on retail sites shall not be issued unless the community development director determines that there will be adequate parking available on the site for both the temporary and permanent uses on the site, as well as adequate parking lot circulation. If parking and parking lot circulation will be adequate, the community development director may approve temporary parking arrangements that vary from the requirements of LMC Title 21; provided, that any outdoor activity should not displace more than 10 percent of the code-required parking for the site.

C. Permits for special events at retail sites shall not be issued for:

1. Any dates from Thanksgiving through January 5th; and

2. Dates during which an approved fireworks stand, if located on the site, is authorized by state law to remain, except if the fireworks stand is located at least 300 feet away from where the special event takes place.

D. The departments and officials processing an application for permit may impose reasonable conditions, based on consideration and mitigation of the factors in subsection (E) of this section, upon the issuance of such a permit in addition to the regulations of this chapter. Such conditions shall be endorsed upon or attached to the permit. Such conditions may include:

1. Requirement for liability insurance with coverage of not less than $50,000 and $1,000,000 for bodily injury liability for each person and occurrence, respectively, and not less than $50,000 for property damage for each occurrence. The city shall be a named insured on such policy. The insurance policy certificate shall also name each rider covered by that policy. Satisfactory proof of such insurance coverage shall be provided to the finance director and said policy shall be subject to written approval of the city attorney; and

2. Requirement for uniformed on-duty or off-duty law enforcement officer(s) to be on duty during all hours of the event.

E. Permission to operate an activity subject to this chapter may be refused whenever the applicant is unable to comply with the requirements of this chapter and all other applicable state and city laws and regulations, or if such event or activity would result in, create or constitute any of the following:

1. A significant increase in traffic volumes, which may adversely affect vehicular and pedestrian safety;

2. Potential crowd control problems dangerous to the well-being of the public;

3. Noise in violation of city noise regulations (Chapter 10.12 LMC);

4. Exposure of the public to potential loss due to con games and other fraudulent schemes; or

5. Conditions detrimental to the health, safety and welfare of the public. (Ord. 2558 § 6, 2005; Ord. 2194 § 1, 1998; Ord. 1906 § 11, 1992)

5.30.060 Site regulations.

A. General Regulations. All activities subject to the provisions of this chapter shall comply with all applicable city laws, rules and regulations, and the following requirements:

1. Emergency lanes shall be provided for fire fighting equipment and aid cars as required and approved by the fire marshal.

2. If required by the permits and inspections division, adequate guard rails, fences, ropes or other barricades shall be installed or provided at approved locations to ensure the safety of the public.

3. All permit applicants and the owner(s) or authorized agent of the site(s) upon which the activity will occur or is being staged shall execute, at the time of application, an agreement in form acceptable to the city holding the city of Lynnwood harmless from any liability arising from the permitted activity and agreeing to abide by any conditions imposed upon the permit, the provisions of this chapter and the laws, rules and regulations of the city.

4. No gambling or games of chance shall be permitted on the grounds of, or in connection with, any activity regulated by this chapter.

5. No deviation from the plot plan(s) and/or route plans submitted with the application shall occur unless approved in writing by the appropriate city official(s).

6. Ingress and egress to all properties involved in the activity and adequate parking lot circulation shall be maintained at all times.

7. All properties on which the activity is occurring shall be maintained free of litter from such activity and, if it is causing litter on adjoining property, the proprietor or manager of the activity shall be responsible for cleanup of such adjacent property if so requested by the owner or manager thereof.

8. All businesses shall record all sales taxes for all sales that occurred in Lynnwood as a result of the permitted special event.

9. Notwithstanding any provision of the Lynnwood Municipal Code, the community development director is authorized to allow a bona fide charitable or nonprofit organization or entity, as defined by LMC 5.04.050(A), that sponsors, operates and manages a special event that has been permitted under the provisions of this chapter, to display a maximum of 10 banners and other signs, appropriate to the special event, even though such signage may be off-site. Balloons and other inflatables are prohibited. Banners, tents and outdoor displays shall be set back at least 30 feet from any public street. Portable signs (such as A-frame signs) shall not exceed eight square feet per side. Off-site portable signs (such as A-frame signs) shall be allowed only on the day of the event. In reviewing an application for banners and other signage under this provision, the community development director shall consider the following factors:

a. The sign(s) and/or banner(s) will not be material detrimental to the public health, safety or welfare, nor injurious to property or improvements in the immediate vicinity of the temporary sign;

b. Hours of use will not cause noise, light or glare which adversely impacts surrounding uses; and

c. All signs in public places and their supports shall be reviewed as to structural strength and quality of materials, and placement by the building official or other appropriate city official.

The community development director may authorize the placement of signage for up to three weeks prior to the beginning of the special event. All permitted signage shall be removed at the permittee’s sole expense within five business days of the completion of the special event. The permittee may be required to pay a deposit in an amount not to exceed $25.00 per sign to cover the cost of signage removal, including disposal, in the event the signage is not timely removed by the permittee. The permittee may be required to meet such other terms and conditions as are appropriate considering the risks, liability, location, number and type of signage requested. The placement, maintenance, and removal of all such signage is the sole responsibility of the permittee. The provisions of this section regulating special event signage and the provisions of the city zoning code regulating signs (Chapter 21.16 LMC) will be uniform and cross-referenced upon such time that the city zoning code regulating special event signage is amended.

10. Notwithstanding any provision of the Lynnwood Municipal Code, the community development director is authorized to allow one on-site banner for every 150 feet of street frontage (or fractional portion thereof) at the location of a special event, and other signs and decorations, appropriate to the event, for a special event that has been permitted under the provisions of this chapter even though such signage may otherwise be prohibited by Chapter 21.16 LMC. A single banner may be installed up to one week prior to the special event. Balloons and other inflatables are prohibited. Banners, tents and outdoor displays shall be set back at least 30 feet from any public street. Portable signs (such as A-frame signs) shall not exceed eight square feet per side. The provisions of this section regulating special event signage and the provisions of the city zoning code regulating signs (Chapter 21.16 LMC) will be uniform and cross-referenced upon such time that the city zoning code regulating special event signage is amended.

B. Tents and Canopies. All activities subject to the regulations of this chapter using tents, canopies, or temporary membrane structures in connection with the activity shall comply with the provisions of this chapter, all applicable provisions of current fire and building codes, as adopted by this jurisdiction, as well as the requirements of LMC 9.04.014 and all other applicable laws or regulations.

C. Subsections (A)(9) and (10) of this section shall be repealed and be of no further force or effect after December 31, 2006. This sunset clause shall allow ample time to amend and conform the Lynnwood sign code in Chapter 21.16 LMC to take into account differences between this chapter and that chapter of the city code. (Ord. 2558 § 7, 2005; Ord. 2455 § 2, 2003; Ord. 2194 § 1, 1998; Ord. 1906 § 12, 1992)

5.30.070 Helicopter regulations.

Repealed by Ord. 2558. (Ord. 1906 § 13, 1992)

5.30.075 Suspension or revocation of permit.

Failure to comply with any conditions imposed upon any permit issued hereunder, the provisions of this chapter, or other applicable state or city laws shall be grounds for suspension or revocation of permits granted pursuant to this chapter upon the giving of one day’s notice; provided, however, that the finance director, fire marshal, or chief of police or designee may suspend or revoke such permits effective immediately whenever necessary to prevent serious injury to persons, property or the public peace, health, safety or welfare. The finance director, fire marshal or chief of police, or designee shall deliver written notice of suspension or revocation to the proprietor, organizer, operator or manager of the event. A decision under this section may be appealed, as described in LMC 5.30.080. (Ord. 2558 § 9, 2005)

5.30.080 Right of appeal.

A. If application for a permit hereunder is denied, the finance director shall so notify the applicant in writing, indicating the reasons for denial and informing the applicant of appeal rights under this section.

B. An appeal from a decision under this chapter may be filed with the finance director within five business days of notification of the decision, or is thereafter barred. Such appeal shall be in writing and shall include a statement of why the appellant believes that the decision is in error. The fee for filing an appeal under this section shall be $50.00.

C. Within five business days of receipt of an appeal, the finance director shall convene a meeting of the appeal hearing board. Members of this board shall include: the finance director, the assistant city administrator and the economic development director. The hearing board shall meet to review the available background information regarding the decision being appealed, and the board may, at its discretion, hear testimony regarding the decision. This meeting shall be open to the public. Notice of this meeting shall be provided to the appellant within two working days of receipt of the appeal.

D. The hearing board shall consider all available information regarding the decision being appealed, including information provided by the director that made the decision and information or statements by the appellant. The appellant shall provide any information or written statements regarding the appeal no less than 24 hours prior to the meeting of the board.

E. Immediately following the hearing board meeting, the board shall determine whether the decision was correct and whether it conformed to the requirements and regulations of this chapter and the Lynnwood Municipal Code. The appellant has the burden of proof to establish, by a preponderance of the evidence, that the decision was incorrect or in conflict with this chapter of the LMC. The board shall notify the appellant of its decision in writing. (Ord. 2558 § 10, 2005; Ord. 2194 § 1, 1998; Ord. 1906 § 14, 1992)

5.30.090 Limitation on number of outdoor events and maximum time period.

A. Except as provided in subsection (B) of this section:

1. A permit to operate any outdoor special event subject to the provisions of this chapter shall be issued not more than 60 calendar days in any calendar year for the same site, including the time for setup and take down of the event. The permit shall not allow the special event to operate for a time period exceeding 14 consecutive calendar days per event, excluding the time required for setup and take down. Special events on any site must be separate by at least five calendar days.

2. The merchandise offered in any special event must be from resident business license holders in the city of Lynnwood, except that nothing in this section is to preclude special events sponsored by nonprofit organizations or the city of Lynnwood that are located within the public right-of-way and feature vendo