Title 5
BUSINESS LICENSES AND REGULATIONS

Chapters:

5.04 General Business Regulations

5.05 Public Massage Establishment

5.08 Hawkers and Peddlers

5.10 Regulation of Pawnbrokers

5.12 Detective Agencies

5.16 Taxicabs

5.20 Cabaret Dances

5.22 Public Dances and Dance Halls

5.28 Carnivals, Circuses, and Amusement Activities

5.32 (Repealed)

5.36 Music Boxes

5.44 Occupation Tax

5.48 Garbage Collection Tax

5.52 Public Bathhouses

5.56 Tow Trucks

5.60 Cable Communications Systems

5.64 Commute Trip Reduction Plan

5.68 Licensing and Operation of Adult Entertainment Facilities

5.75 Business Registration of Telecommunications Carriers and Providers

5.80 Shooting Sports Facilities

Chapter 5.04
GENERAL BUSINESS REGULATIONS*

Sections:

5.04.010 Purpose.

5.04.020 Scope.

5.04.030 Definitions.

5.04.040 Business license required.

5.04.050 Finance Director as license officer.

5.04.060 Qualifications of applicants.

5.04.070 Procedures for issuance of license.

5.04.080 Fees — Payment.

5.04.084 Temporary employees.

5.04.085 Penalty for late payment — Interest.

5.04.090 Display of license — Renewal — Transfer.

5.04.100 Notification of exemption or termination of business activities.

5.04.110 Operating without a license.

5.04.120 License fee additional to others imposed.

5.04.130 Exemptions.

5.04.140 Criteria for denial, suspension or revocation of license.

5.04.150 Request for hearing.

5.04.160 Penalties.

*Prior legislation: Ords. 246, 734, 815, 1019, 1029, 1040, 1111, 1209, 1229, 1275, 1403, 1480, 1483, 1592, 1662, 1752 and 1815.

5.04.010 Purpose.

The provisions of this chapter shall be deemed an exercise of the power of the city to license for revenue and for regulation. (Ord. 2238 § 1 (part), 2004: Ord. 1924 § 1, 1996).

5.04.020 Scope.

All persons engaging in a business or occupation within the limits of the city as hereinafter defined shall be subject to the provisions of this chapter. (Ord. 2238 § 1 (part), 2004: Ord. 1924 § 1, 1996).

5.04.030 Definitions.

Where used in this chapter, the following words and terms shall have the meanings as defined in this section, unless, from the context, a more limited or different meaning is clearly defined or apparent:

(1) "Business" includes all activities, occupations, pursuits, or professions located or engaged within the city with the object of gain, benefit or advantage to the person engaging in the same, or to any other person or class, directly or indirectly;

(2) "Business license" is that document issued by the city licensing the transaction of the indicated business by the person whose name appears thereon for the stated year. For the purpose of this chapter, an original or officially issued duplicate shall constitute a valid "business license" for every purpose;

(3) "Employee" means any person who performs work, labor, or services for a business and is on the business’ payroll. For the purpose of this chapter, the term "employee" also includes all full-time, part-time, and temporary employees or workers on the business’ payroll, and self-employed persons, sole proprietors, owners, managers, partners, any officers, agents or personal representatives acting in a fiduciary capacity;

(4) "Engaging in business" means commencing, conducting or continuing in any business within the city, whether or not an office or physical location for the business lies within the city. Engaging in business includes the performance of work or services by contractors, consultants, representatives, agents or other persons within the city, even though the office location of the contractor, consultant, representative, agent or other person is not within the city limits; the exercise of corporate or franchise powers, as well as the liquidation of a business when the liquidators hold themselves out to the public as conducting such business; and furnishing temporary employees and/or workers to other businesses;

(5) "Finance director" or "director" means the City of Redmond Finance Director or his/her designee;

(6) "Gross revenue" shall have its ordinary meaning and also means the value accruing from the business activity within the city or conducted from the city including compensation for the rendition of services (without any reduction for labor costs or the cost of materials used), sale of personal property (without deduction for the cost of property sold), gains or dividends realized, rents, royalties, contributions, fees and commissions, all without any deduction for any expense, taxes, or losses;

(7) "Person" includes the singular and the plural and also means and includes any person, firm, corporation, association, club, partnership, society or any group of individuals acting as a unit;

(8) "City" means the City of Redmond, Washington; and

(9) "Year" means a calendar year. (Ord. 2238 § 1 (part), 2004: Ord. 2003 § 1, 1998: Ord. 1924 § 1, 1996).

5.04.040 Business license required.

(a) No person shall engage in any business within the city without first having obtained and being the holder of a valid and subsisting license to engage in such business or activity, to be known as a "business license," and without paying the license fee imposed by this chapter. Provided, however, that an independent contractor who provides work, labor, or services to business entities licensed hereunder shall not be required to obtain a separate business license when all of the license fees required by this chapter with respect to such a person are included in the license fees paid by the entities which receive the person’s work, labor, or services, pursuant to Section 5.04.080.

(b) Persons or companies doing business in Redmond must comply with this chapter regardless of the physical location of the business (i.e., whether inside or outside Redmond city limits). An original or officially issued duplicate license must be obtained for each location where business is transacted.

(c) A person shall obtain a separate business license for each separate business engaged in, including but not limited to a separate business license for each business for which a separate Unified Business Identifier ("UBI") number is issued by the Washington State Department of Licensing. (Ord. 2238 § 1 (part), 2004: Ord. 1924 § 1, 1996).

5.04.050 Finance Director as license officer.

The Finance Director shall collect all license fees and shall issue licenses in the name of the city to all persons qualified under the provisions of this chapter and shall have the authority to:

(1) Adopt Forms. Adopt application, license, renewal, annual return, and all other necessary or convenient forms and prescribe the information to be provided. Such required information shall include, but not be limited to, the name of the applicant, his or her residence address, date of birth, place of business, the nature of the business, the form of ownership, the names of all officers of the business, the UBI number (if applicable), and the number of employees;

(2) Obtain Endorsement. Submit applications, when deemed appropriate, to other city officials for their endorsements thereon as to compliance by the applicant with all city regulations which the officials have the duty of enforcing;

(3) Investigate. Investigate and determine the eligibility of any applicant for a license as prescribed herein;

(4) Examine Records. Examine and audit the books and records of any applicant or licensee when reasonably necessary to the administration and enforcement of this chapter. The records of a business, including but not limited to federal and state tax returns and invoices, shall be open for examination by the Finance Director or authorized agent at any time to the extent not prohibited by law;

(5) Give Notice. Notify any applicant of the acceptance or rejection of the application;

(6) Regulate Form of Licenses. Ensure that each license is numbered, and shows the name of the licensee, business address and the character of the business authorized to be transacted. (Ord. 2238 § 1 (part), 2004: Ord. 2003 § 2, 1998: Ord. 1924 § 1, 1996).

5.04.060 Qualifications of applicants.

Standards to be Applied. The Finance Director shall base the decision to issue or deny the license upon the following criteria:

(1) Applicant History. All violations of city regulations or convictions within the 10 years immediately preceding application, which directly relate to the operation of the applicant’s current proposed business;

(2) License History. The license history of the applicant, whether such person is previously operating in this or another jurisdiction under a license has had such license revoked or suspended, the reasons therefor, and the demeanor of the applicant subsequent to such action;

(3) No Obligation to City. Except as otherwise provided in this chapter, applicants shall not be in default under the provisions of this chapter or indebted or obligated in any manner to the city, except for current taxes and other obligations not past due;

(4) Compliance with City Regulations. The proposed use of any premises shall not be in violation of any city building, safety, fire, health or land use regulations as determined by the city department charged with the enforcement of said regulations. (Ord. 2238 § 1 (part), 2004: Ord. 1924 § 1, 1996).

5.04.070 Procedures for issuance of license.

(a) Formal Application Required. Every person required to procure a license under the provisions of this chapter shall submit an application for such license to the Finance Director. The application shall be made upon forms provided by the Finance Director.

(b) Commencement of Business Activities. No person shall be entitled or authorized to engage in business within the city until such time as the Finance Director has approved the issuance of a business license pursuant to the terms of this chapter. The acceptance of a business license application by the city shall not be deemed to grant any right or privilege under this chapter, except as otherwise provided by law.

(c) Burden on Applicant. The Finance Director, or other designated officer, is authorized, but not required, to mail to persons engaging in business forms for applications and/or renewals for licenses, but failure of the person to receive any such form shall not excuse the person from making application for and securing the license required by this chapter.

(d) Applications for business licenses or license renewals, including home businesses, within the boundaries of Wellhead Protection Zones 1, 2, or 3 shall be accompanied by a completed Hazardous Materials Questionnaire to determine the regulatory status of the business. The Director of Public Works, or his or her designee, shall review and approve the Hazardous Materials Questionnaire. (Ord. 2238 § 1 (part), 2004: Ord. 2180 § 1 (part), 2003: Ord. 1924 § 1, 1996).

5.04.080 Fees — Payment.

(a) Standard Fee Method. Except as otherwise provided by this chapter, every person engaging in business within the city shall pay an annual business license fee based upon the number of employee hours worked in Redmond during the previous year. Annual employee hours are calculated based on the sum of the four quarterly reports submitted to the Washington State Department of Labor and Industries for the previous year. It will be the responsibility of the employer to determine the number of hours worked within the city from these reports. Businesses that did not file quarterly reports with the Washington State Department of Labor and Industries shall determine the number of hours worked within the city and demonstrate, if required, to the satisfaction of the Finance Director or his/her authorized agent, that the number of employee hours worked is correct.

(1) The annual license fee (base fee and surcharge) shall be calculated by multiplying the number of employee hours worked in Redmond by an hourly rate. The approved tax rate per full-time employee is $0.043359 (which represents a base fee multiplier of $0.014713 per employee hour worked and surcharge multiplier of $0.028646 per employee hour worked), as may be adjusted herein. Employers without a full year history would need to estimate the number of employee hours that will be worked in the current calendar year.

Provided, however, that the surcharge provided by this subsection shall expire after December 31, 2006.

(2) If a business has more than one location in Redmond the annual business license fee calculation must include annual employee hours at all locations.

(b) Alternative FTE Method. A business may choose to calculate its annual license fee based on the number of its employees. The number of employees shall be based on the sum of the employees in the four quarterly reports submitted to the Washington State Department of Labor and Industries for the previous year divided by four. It will be the responsibility of the employer to determine the number of employees working within the city from these reports. Businesses that did not file quarterly reports with the Washington State Department of Labor and Industries shall determine the number of employees working in the city and demonstrate, if required, to the satisfaction of the Finance Director or his/her authorized agent, that the number of employees is correct. Employers without a full year history would need to estimate the number of employees that will work in the city for the current calendar year.

(1) Under the FTE method the license fee shall be calculated by multiplying the number of employees by $83.25 (a base fee of $28.25 per full-time employee and a surcharge of $55.00 per full-time employee), as may be adjusted herein.

Provided, however, that the surcharge provided by this subsection shall expire after December 31, 2006.

(2) Once the FTE methodology has been selected, it must be used for future renewals.

(3) Businesses with more than one location must use the same method of calculation for all locations.

(4) For businesses with employees who work less than 1,920 hours per year (the work hour figure used by the Washington Department of Labor and Industries) the total number of hours worked by all such employees during the four quarters of the previous year shall be added together and divided by 1,920 to determine the FTE equivalency.

(5) It will be the responsibility of the business to determine the total number of FTE’s (or equivalency) and demonstrate, if required, to the satisfaction of the Finance Director or his/her authorized agent, that the calculation is accurate.

(d) If at any time during the year it appears that the number of employee hours worked or if using the FTE method the number of employees was under-reported at the time of application or renewal, an additional license fee and a penalty on the additional license fee shall be due. The penalty shall be equal to twenty percent (20%) per annum of the additional fee, plus any accounting, legal, or administrative expenses incurred by the city in determining the under-reporting or in collecting the tax and penalty.

(e) The license fee for a business required to be licensed under this chapter and not located within the city’s corporate limits shall be calculated based upon the number of employee hours worked within the city, but in no event shall the license fee be less than the minimum fee set forth in this chapter. If the number of employee hours worked is not known at the time of renewal, the business shall estimate the maximum number of employee hours they anticipate using in Redmond during the year.

(f) Businesses doing business in the city that have no employees physically working within the city shall pay the minimum license fee required under this chapter.

(g) The minimum fee for any license issued under this chapter shall be $83.25 (a base fee of $28.25 and a surcharge of $55.00), as may be adjusted herein.

Provided, however, that the surcharge provided by this subsection shall expire after December 31, 2006.

(h) The annual license fee shall become due and payable on January 1st of each calendar year. The business license fee shall not be prorated for any part of any year.

(i) A licensee may request that the city refund that portion of the annual business license overpaid on the basis that the business miscounted the number of employee hours worked or the number of employees. The request must be in writing and the city must receive the request and all supporting payroll documentation no later than 60 days after the end of the licensee’s fiscal year in which the error was made. If the Finance Director is satisfied that the business paid an excess business license fee, then the city will refund the excess fee paid by the business during either the current calendar year or one prior calendar year.

(j) Payment made by draft or check shall not be deemed a payment of the fee unless and until the same has been honored in the usual course of business, nor shall acceptance of any such check or draft operate as an acquittance or discharge of the fee unless and until the check or draft is honored. Any person who submits a business license fee payment by check to the city pursuant to the provisions of this chapter shall be assessed a NSF fee set by the Finance Director if the check is returned unpaid by a bank or other financial institution for insufficient funds in the account or for any other reason.

(k) If any person required by the terms and provisions of this chapter to pay a license fee for any period fails or refuses to do so, he shall not be granted a license for the current period until the delinquent license fee, together with penalties, has been paid in full. In addition, no business license shall be issued unless all preventable fire alarm fees imposed on the business, together with penalties, are paid in full. Any license fee due and unpaid under this chapter and any penalties thereon shall constitute a debt to the city and may be collected in court proceedings in the same manner as any other debt in like amount, which remedy shall be in addition to all other existing remedies. (Ord. 2238 § 1 (part), 2004: Ord. 2088 § 1, 2000: Ord. 2003 § 3, 1998: Ord. 1953 § 1, 1997; Ord. 1924 § 1, 1996).

5.04.084 Temporary employees.

The following provisions shall apply to businesses engaged in the practice of providing temporary employees or workers ("temporary agencies") to businesses located within the city and to businesses located within the city which utilize the services of such employees or workers:

(1) Temporary agencies located within the city shall include all temporary employees and workers placed with businesses located within the city in calculating the number of employee hours worked in addition to employees described under RMC 5.04.030(3);

(2) Temporary agencies located outside the city which place temporary employees or workers with businesses located within the city shall include all such temporary employees and workers in calculating the number of hours worked by their employees;

(3) Businesses located within the city which utilize temporary employees or workers provided by a temporary agency shall not include the temporary employees or workers in calculating the number of their employee hours;

(4) Temporary agencies placing temporary employees and workers within the city shall calculate the number of hours worked by such employees and workers in the manner provided by RMC 5.04.080(a);

(5) In submitting an initial business license application or subsequent renewal application, all businesses located within the city which use temporary employees or workers furnished by a temporary agency shall indicate the number of employee hours worked by using the formula set forth in RMC 5.04.080(a) and further indicate the names and addresses of the temporary agencies furnishing said employees or workers. Failure to so report the number of hours worked by temporary employees or workers or the names and addresses of the agencies furnishing said employees or workers shall result in imposition of a penalty equal to 10% of the company’s total business license fee. In addition, failure to report may result in revocation, suspension, or denial of the business license. (Ord. 2238 § 1 (part), 2004: Ord. 2088 § 2, 2000: Ord. 2003 § 4, 1998).

5.04.085 Penalty for late payment — Interest.

For each payment due, if such payment is not made by the due date, there shall be added penalties as follows:

(1) For each payment or portion thereof that is more than thirty (30) days past due, a penalty of fifty (50) percent of the license fee due shall be imposed;

(2) For any payment or portion thereof that is more than sixty (60) days past due, a penalty of one hundred (100) percent of the license fee due shall be imposed.

The Finance Director or his/her authorized agent is authorized, but not obligated, to waive all or any portion of the penalties and interest provided herein in the event that the Director or his/her authorized agent determines that the late payment was the result of excusable neglect or extreme hardship. (Ord. 2238 § 1 (part), 2004: Ord. 1924 § 1, 1996).

5.04.090 Display of license — Renewal — Transfer.

(a) Display of License. Every license granted under this chapter shall be posted in a conspicuous place in the place of business of the licensee. No person shall allow any license to remain posted, displayed, or used after the period for which it was issued has expired, or when it has been suspended or revoked, or for any other reason become ineffective.

(b) Renewal. Each license granted shall expire at the end of the calendar year in which it is issued. Each licensee shall be responsible to renew the license for each ensuing calendar year.

(c) Nontransferability. Any license issued under and by virtue of the provisions of this chapter shall be personal and nontransferable.

(d) New Location Desired. A licensee shall have the right to change the location of the licensed business provided confirmation of the legality of the business activity at the new location is obtained by the Finance Director.

(e) Multiple Locations. In case a licensee desires to conduct business at two (2) or more separate locations, a business license must be conspicuously posted at each location where business is transacted. A supplemental location application must be completed for each location where business is conducted in addition to the primary location of the business. After receipt of a supplemental location application, the Finance Director shall issue a duplicate business license for each such additional location. Prior to issuance of a duplicate business license for an additional location, the Finance Director shall first confirm the legality of the business at each such location. (Ord. 2238 § 1 (part), 2004: Ord. 1924 § 1, 1996).

5.04.100 Notification of exemption or termination of business activities.

(a) Every person who has obtained a business license required by this chapter and who thereafter ceases to engage in business within the city shall, prior to the end of the calendar year during which business operations have been terminated, notify the Finance Director in writing that business activities have ceased. Any business for which a license has been issued shall be presumed to continue in operation within the city unless notice of termination of business activities has been given as provided above, and enforcement proceedings may be commenced on the basis of such presumption.

(b) Every person who engages in a business in the city which is exempt from the licensing provisions of this chapter under federal, state or local laws shall notify the Finance Director in writing of the exemption and the basis for the exemption.

(c) Any business which is exempt from the provisions of this chapter or has terminated its business activities in the city shall not be entitled to a refund of any license fee paid under this chapter. (Ord. 2238 § 1 (part), 2004: Ord. 1924 § 1, 1996).

5.04.110 Operating without a license.

Any person who engages in, or carries on, any business subject to the payment of a license fee hereunder without having obtained a business license to do so shall be guilty of a violation of this chapter for each day during which the business is so engaged in or carried on; and any person subject thereto who fails or refuses to pay the license fee, or any part thereof, on or before the due date, shall be deemed to be operating without having obtained a license to do so. (Ord. 2238 § 1 (part), 2004: Ord. 1924 § 1, 1996).

5.04.120 License fee additional to others imposed.

The license fee levied in this chapter shall be additional to any license fee or tax imposed or levied under the law or any other ordinance of the city except as expressly provided herein. (Ord. 2238 § 1 (part), 2004: Ord. 1924 § 1, 1996).

5.04.130 Exemptions.

The provisions of this chapter shall not apply to:

(1) Any instrumentality of the United States, the State of Washington, or political subdivision thereof with respect to the exercise of governmental functions;

(2) Any farmer, gardener, or other person who sells, delivers or peddles any fruits, vegetables, berries, butter, eggs, fish, milk, poultry, meat or any farm produce or edibles raised, caught, produced or manufactured by such person in the state;

(3) Family day care home occupations;

(4) Any entity exempt from taxation under 26 U.S.C. Sec. 501(c)(3), upon furnishing proof to the Finance Director of its nonprofit status;

(5) Any apartment or condominium, residential rental or leasing activity which does not involve more than four residential units at any one location within the city;

(6) Any insurers or their agents, as those terms are defined in RCW 48.01.050 and 48.17.010, respectively, who represent insurance companies or sell insurance to the public and are properly licensed by the state. Provided, however, that this exemption shall not apply to insurance brokers or solicitors, as said terms are defined in RCW 48.17.020 and 48.17.030, respectively;

(7) Newspaper carriers under the age of 18; or

(8) Any person, business, enterprise, firm, or corporation which the city is forbidden to license or tax under state or federal law. (Ord. 2238 § 1 (part), 2004: Ord. 1953 § 2, 1997; Ord. 1924 § 1, 1996).

5.04.140 Criteria for denial, suspension or revocation of license.

The Finance Director may deny issuance of a business license to any applicant or suspend or revoke any and all business licenses of any holder when such person, or any other person with any interest in the application or license:

(1) Knowingly causes, aids, abets, or conspires with another to cause any person to violate any of the laws of this state or the city which may affect or relate to the applicant’s or license holder’s business;

(2) Has obtained a license or permit by fraud, misrepresentation, concealment, or through inadvertence or mistake;

(3) Is convicted of, forfeits bond upon, or pleads guilty to any offenses related to the operation of the applicant’s or license holder’s business;

(4) Makes a misrepresentation or fails to disclose a material fact to the city related to any of the obligations set forth in this chapter;

(5) Violates any building, safety, fire or health regulation on the premises in which the business is located after receiving warning from the city to refrain from such violations;

(6) Is in violation of a zoning regulation of the city;

(7) Is indebted or obligated to the city for past due taxes excluding special assessments such as LID assessments. (Ord. 2238 § 1 (part), 2004: Ord. 1924 § 1, 1996).

5.04.150 Request for hearing.

(a) Notification of Suspension, Revocation, or Denial. When the Finance Director determines that there is cause for denying, suspending or revoking any license issued pursuant to this chapter, the Director shall notify the applicant or person holding such license by registered or certified mail, return receipt requested, of the Director’s decision. Notice mailed to the address on file shall be deemed received three (3) days after mailing. The notice shall specify the grounds for the denial, suspension or revocation. The suspension or revocation shall become effective ten (10) days from the date the notice is delivered or deemed received unless the person affected thereby files a written request with the Director for a hearing before the City Hearing Examiner within such ten (10) day period.

(b) Hearing Procedure. Upon written request as set out above, the Hearing Examiner shall schedule and hold a hearing within thirty (30) days following receipt of such request. During the pendency of the hearing and until action by the City Council the action of the Director shall be stayed. At the hearing, both the applicant or licensee and the city shall be entitled to present evidence. Upon completion of the hearing, the Hearing Examiner shall make written findings and a recommendation to the City Council. At a public meeting, the City Council, upon considering the findings and recommendations of the Hearing Examiner, shall, without need for further evidence:

(1) Accept the Hearing Examiner’s recommendation as presented; or

(2) Determine no action is warranted; or

(3) Modify the recommended action.

(c) Appeal from City Council. Appeal from a decision of the City Council shall be to the King County Superior Court and must be served and filed within thirty (30) days of the decision of the City Council. In the event the applicant or license holder does not follow the procedures within the time periods set forth above, the license of said person shall be denied, suspended or revoked, and that action shall be final.

(d) Return of License upon Revocation. Whenever any license issued under this chapter is revoked, the licensee shall immediately return the license to the Finance Director. (Ord. 2238 § 1 (part), 2004: Ord. 1924 § 1, 1996).

5.04.160 Penalties.

Any person violating or failing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as provided in Section 1.01.110 of the Redmond Municipal Code. (Ord. 2238 § 1 (part), 2004: Ord. 1924 § 1, 1996).

Chapter 5.05
PUBLIC MASSAGE ESTABLISHMENT

Sections:

5.05.010 Public massage establishment defined.

5.05.020 Additional business license requirement — Public massage establishments.

5.05.010 Public massage establishment defined.

For purposes of this chapter, a public massage establishment means any place within the city where massages, as defined by RCW 18.108.010, are given or furnished for, or in expectation of, any fee, compensation or monetary consideration. (Ord. 1563 § 1 (part), 1990).

5.05.020 Additional business license requirement for public massage establishment.

Any individual who applies for a business license for a public massage establishment must, in addition to meeting the licensing requirements of Chapter 5.04, provide the City Clerk with evidence that the individual has received a state of Washington massage practitioner’s license pursuant to RCW Chapter 18.108, which license shall be current and in effect unless such person is exempt from the state license requirement. Additionally, any individual rendering services at the public massage establishment must also possess a state of Washington massage practitioner’s license. (Ord. 1563 § 1 (part), 1990).

Chapter 5.08
HAWKERS AND PEDDLERS

Sections:

5.08.010 Peddler defined.

5.08.020 License required — Exceptions.

5.08.030 Application — Fee.

5.08.035 Restrictions on place and time of peddling.

5.08.040 Penalty.

5.08.010 Peddler defined.

"Peddler" for the purpose of this chapter shall be construed to include all persons, both principals and agents, who go from place to place, or house to house, carrying for sale, exposing for sale, or offering for sale, goods, wares, merchandise or services of any type. "Peddle" means to engage in such actions. (Ord. 1418 § 1, 1988: Ord. 43 § 2, 1926).

5.08.020 License required — Exceptions.

A. It is unlawful for any peddler to peddle any goods, wares, merchandise or services without first obtaining a peddlers license as provided for in this chapter.

B. Exceptions. No person shall be required to take out a license or pay a fee:

1. For the peddling of local newspapers;

2. For the peddling of fruits, vegetables, berries, butter, eggs, fish, milk, poultry, meats, or any farm produce or edibles raised, caught, produced or manufactured by such person in any place in this state;

3. When that person, after having been specifically requested by another to do so, calls upon that other person for the purpose of displaying goods, literature or giving information about any article, thing, product or service; or

4. When that person is acting in his or her capacity as a member of a charitable, religious or nonprofit organization or corporation which has received tax exempt status under 26 U.S.C. Sec. 501(c)(3) or other similar civic, charitable or nonprofit organizations. (Ord. 1418 § 2, 1988: Ord. 809 § 1, 1978: Ord. 43 § 1, 1926).

5.08.030 Application — Fee.

A. Every peddler, other than those exempt under this chapter, whether principal or agent, shall before commencing business in the city, make application in writing on a form to be provided by the City Clerk. The application shall include an authorization allowing release of all criminal history record information to the Redmond Police Department.

B. At the time of the filing of the application, a fee in an amount set by council resolution shall be paid to the City Clerk to cover the costs of investigation and processing the application.

C. The City Clerk shall refer the application to the Chief of Police, who shall make a criminal history background investigation of the applicant. Upon completion, the Chief of Police shall forward the results of the investigation, to the City Clerk.

D. If, as a result of the investigation, the applicant is not found to have committed any of the acts requiring denial as listed below, the City Clerk shall, upon payment of the prescribed fee, issue the license to the applicant. The City Clerk shall deny the applicant the license if the applicant has:

1. Committed any act consisting of fraud or misrepresentation;

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

3. Within the previous ten years, been convicted of a misdemeanor or felony directly relating to his or her fitness to engage in the occupation of peddler, and including, but not limited to, those misdemeanors and felonies involving moral turpitude, fraud or misrepresentation;

4. Been charged with a misdemeanor or felony of the type defined in subdivision 3 of this subsection, and disposition of that charge is still pending;

5. Been refused a license under the provisions of this chapter; provided, however, that any applicant denied a license under the provisions of this chapter may reapply if and when the reasons for denial no longer exist; and

6. Made any false or misleading statements in the application.

E. Every peddler shall be required to carry the peddlers license and display it along with photo identification upon request by a prospective customer or law enforcement officer.

F. The City Clerk is authorized to promulgate rules regarding the manner and method of payment, including a prohibition or regulation of payment by check. (Ord. 1480 § 3, 1989; Ord. 1418 § 1, 1988: Ord. 809 § 2, 1978: Ord. 43 § 3, 1926).

5.08.035 Restrictions on place and time of peddling.

A. No peddler shall engage or attempt to engage in the business of peddling at any home, residence, apartment complex or business that prominently displays a "No Peddlers" or "No Solicitors" sign or any other similar sign that communicates the occupants’ desire to not be contacted by peddlers.

B. No peddler shall engage in the business of peddling between the hours of nine p.m. and nine a.m. (Ord. 1418 § 4, 1988).

5.08.040 Penalty.

Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished as provided in Section 1.01.110. (Ord. 43 § 4, 1926).

Chapter 5.10
REGULATION OF PAWNBROKERS

Sections:

5.10.010 License required.

5.10.015 Adoption by reference.

5.10.020 Repealed.

5.10.030 Definitions.

5.10.040 License fee.

5.10.050 Application for license.

5.10.055 Fixed place of business required.

5.10.060 Criteria for denial or revocation of license.

5.10.065 Request for hearing.

5.10.080 Records required.

5.10.090 Records and articles to be available for inspection.

5.10.100 Seller or consignor to give true name and address.

5.10.110 Transcript to be furnished.

5.10.120 Police seizures — Police holds.

5.10.125 Pawnbroker sale of pledged property limited – Written document required for transactions.

5.10.130 Penalty.

5.10.010 License required.

It is unlawful for any person, firm or corporation to engage in the business of pawnbroker within the City without first obtaining a license pursuant to the provisions of this chapter. (Ord. 1778 § 1, 1994: Ord. 1155 § 1 (part), 1983).

5.10.015 Adoption by reference.

RCW 19.60.066 entitled "Prohibited Acts" is hereby adopted by reference as if set forth in full. (Ord. 1678 § 1, 1992).

5.10.020 Exemptions.

Repealed by Ord. 1778. (Ord. 1678 § 2, 1992: Ord. 1155 § 1 (part), 1983).

5.10.030 Definitions.

(a) The term "pawnbroker" as used in this chapter, means and includes every person who takes or receives by way of pledge, pawn or exchange, goods, wares or merchandise of any kind of personal property whatever, for the repayment of security of any money loaned thereon, or to loan money on deposit of personal property, or the purchase or sale of personal property, or who makes public display of any sign indicating that he has money to loan on personal property under deposit or pledge.

(b) Repealed by Ord. 1778.

(c) Repealed by Ord. 1778. (Ord. 1778 § 11, 1994; Ord. 1678 § 3, 1992: Ord. 1155 § 1 (part), 1983).

5.10.040 License fee.

(a) The fee for a pawnbroker’s license shall be set by Council resolution.

(b) License fees shall be due and payable on January 1 of each year for which the license is issued. Fees becoming due for less than one year shall be prorated on a quarterly basis. This license shall be in lieu of the City business license and shall not be assignable or transferable. (Ord. 1778 § 2, 1994: Ord. 1480 § 4, 1989: Ord. 1231 § 1, 1985; Ord. 1155 § 1 (part), 1983).

5.10.050 Application for license.

(a) All applications for issuance or renewal of a pawnbroker’s license shall be made to and filed with the City Clerk on forms furnished for such purpose, and shall be accompanied by the required fee. The application shall state the true name of the applicant, who shall not be less than eighteen (18) years of age, the names of all persons having financial, proprietary or other interest in such pawnshop, together with such other information as the City Clerk deems appropriate. Any pawnbroker now in business shall apply for such license as provided in this section within ten (10) days after the effective date of the ordinance codified in this section.

(b) Upon the filing of an application, it shall then be referred to the Redmond Police Department and any other city officials the Clerk feels appropriate, for investigation, report and recommendation. Within thirty days after receipt of a copy of the application, the Police Department shall investigate the statements set forth in the application and report to the City Clerk whether the application contains false, misleading, or incomplete information. The Police Department shall, at the same time and as part of its report to the City Clerk, render a written recommendation as to approval or denial of the application for permit or renewal thereof.

(c) Within thirty days after receiving the aforementioned report and recommendation from the Police Department, the City Clerk shall grant or deny the permit or renewal thereof. If, from the information supplied to the City Clerk, it appears that the application is proper and the statements contained in the application are true and complete, and that the applicant or the owners of the corporation or partners of the partnership applying has satisfied all criteria for the granting of a license and has complied with all the requirements of the Redmond Municipal Code, the City Clerk shall issue a license to the applicant. Otherwise, the license application shall be denied pursuant to the criteria and procedures herein. (Ord. 1778 § 3, 1994; Ord. 1231 § 2, 1985: Ord. 1155 § 1 (part), 1983).

5.10.055 Fixed place of business required.

No person may operate as a pawnbroker within the city, unless the person maintains a fixed place of business within the city. (Ord. 1678 § 4, 1992).

5.10.060 Criteria for denial or revocation of license.

The City Clerk may deny a license to any applicant or may suspend or revoke any and all licenses or permits of any holder when such person, or any other person with any interest in the applicant for, or holder of, such license or permit:

(1) Knowingly causes, aids, abets, or conspires with another person to cause any person to violate any of the laws of this state or the city, which may affect or relate to the applicant’s or license holder’s business;

(2) Has obtained a license or permit by fraud, misrepresentation, concealment, or through inadvertence or mistake;

(3) Has been convicted of, or forfeited bond upon a charge of, or pleaded guilty to any offense directly related to the operation of the license holder’s business;

(4) Shall fail to display its license on the premises where the licensed activity is conducted at all times during the operation of the licensed activity;

(5) Makes a misrepresentation of, or fails to disclose, a material fact to the city;

(6) Allows any person who has been convicted of, or forfeited bond upon, any offense directly related to the operation of the license holder’s or a similar business, in the management or operation of any activity regulated by this license without prior written approval of the City Clerk;

(7) Has violated any section of this chapter;

(8) Violates any building, safety, fire or health regulations on the premises in which the business is located after receiving warning from city to refrain from such violations;

(9) Is in violation of a zoning regulation of the city. (Ord. 1231 § 3, 1985: Ord. 1155 § 1 (part), 1983).

5.10.065 Request for hearing.

(a) Notification of Suspension, Revocation, or Denial. When the City Clerk determines that there is cause for denying, suspending or revoking any license issued pursuant to this chapter, the Clerk shall notify the person holding such license by registered or certified mail, return receipt requested, of the Clerk’s decision. Notice mailed to the address on file shall be deemed received three days after mailing. The notice shall specify the grounds for the denial, suspension or revocation. The suspension or revocation shall become effective ten days from the day the notice is delivered or deemed received unless the person affected thereby files a written request with the Clerk for a hearing before the City Hearing Examiner within such ten-day period.

(b) Hearing Procedure. Upon written request as set out above, the Hearing Examiner shall schedule and hold a hearing within thirty days following receipt of such request. During the pendency of the hearing and until action by the City Council the action of the Clerk shall be stayed. At the hearing, both the applicant or licensee and the city shall be entitled to present evidence. Upon completion of the hearing, the Hearing Examiner shall make written findings and a recommendation to the City Council. At a public meeting, the City Council upon considering the findings and recommendations of the Hearing Examiner shall, without need for further evidence:

(1) Accept the Hearing Examiner’s recommendation as presented; or

(2) Determine no action is warranted; or

(3) Modify the recommended action.

(c) Appeal from City Council. Appeal from a decision of the City Council shall be to the King County Superior Court and must be served and filed within thirty days of the decision of the City Council. In the event the applicant or license holder does not follow the procedures within the time periods set forth above, the license of said person shall be denied, suspended or revoked, and that action shall be final. (Ord. 1231 § 4, 1985).

5.10.080 Records required.

Every pawnbroker shall maintain at his place of business a book in which he shall at the time of such loan, purchase or sale, enter in the English language, written in ink the following information:

(a) The date of the transaction;

(b) The name of the person conducting the transaction and making the entries required herein;

(c) The printed name, signature, date of birth, street and house number, telephone number, the general description of the size, dress, complexion, color of hair and facial appearance of the person with whom the transaction is had, including the identification which the customer shall present to verify his identity pursuant to Section 5.10.100, and the serial or other number of such identification;

(d) The name, street and house number of the owner of the property bought or received in pledge;

(e) The street and house number of the place from which the property bought or received in pledge was last removed;

(f) A description of the property bought or received in pledge, which shall include the name of the maker of such property or the manufacturer thereof and the serial number, if the article has such marks on it, or any other inscriptive or identifying marks, which, in the case of watches, shall contain the name of the maker and the number of both the works and the case. Provided, that when the article received is furniture or the contents of any house or room, actually inspected on the premises where the sale is made, a general description of the property shall be sufficient;

(g) The price paid or the amount loaned;

(h) The number of any pawn tickets issued therefor. (Ord. 1778 § 4, 1994; Ord. 1678 § 5, 1992; Ord. 1155 § 1 (part), 1983).

5.10.090 Records and articles to be available for inspection.

All books and other records of any pawnbroker relating to purchase, pledge, exchange, receipt of any goods, wares, merchandise or other articles or things of value, shall at all times be open for inspection by any commissioned law enforcement officer of this state or any of its political subdivisions, and all articles and things received, purchased or left in pledge with the pawnbroker shall at all times be open to like inspection. Records on all business conducted shall be kept for a period of three (3) years following the date of the transaction. (Ord. 1778 § 5, 1994: Ord. 1678 § 6, 1992: Ord. 1155 § 1 (part), 1983).

5.10.100 Seller or consignor to give true name and address.

Anyone who pledges, sells or consigns any property to or with a pawnbroker shall sign the records required to be kept by such pawnbroker with his true name and shall include his correct address, and shall provide for inspection one of the following containing a photograph of the individual:

(1) Driver’s license, instruction permit or identification card of any state or province of Canada, or "identicard" issued by the Washington State Department of Licensing pursuant to RCW 46.20.117;

(2) United States active duty military identification;

(3) Passport.

Anyone who violates this section shall be guilty of a misdemeanor and upon conviction shall be punished by imprisonment for not more than six months or by a fine of not more than five hundred dollars or both. (Ord. 1778 § 6, 1994; Ord. 1155 § 1 (part), 1983).

5.10.110 Transcript to be furnished.

(a) It is the duty of every pawnbroker to furnish to the Chief of Police, on such forms as the Police Department may provide therefore, a full, true and correct transcript of the record of all transactions occurring on a given day within 48 hours of close of business.

(b) It is also the duty of any pawnbroker having good cause to believe any property in his possession has been previously lost or stolen, to report such fact to the Police Department immediately, together with the name of the owner, if known, and the date and name of the person from whom the same was received by such pawnbroker. (Ord. 1778 § 7, 1994: Ord. 1231 § 6, 1985; Ord. 1155 § 1 (part), 1983).

5.10.120 Police seizures — Police holds.

(a) In addition to retention of property required by this chapter, any police officer having probable cause to believe that any item in the possession of a licensee is stolen, may seize such item at any time. In the event of such a seizure, the licensee shall be entitled to a written receipt for the item from the Redmond Police Department.

(b) In lieu of immediate seizure, a police officer may place a "hold" upon the property by making an entry upon the permanent record required by Section 5.10.080, indicating that such item is stolen property. The licensee shall then:

(1) Tag or otherwise reasonably identify the item;

(2) Hold it in a place on the business premises of the dealer to which police officers shall have access at any time during the dealer’s regular business hours;

(3) Keep the item safe from alteration, loss, damage, or commingling with other goods.

(c) No licensee shall dispose of any items subject to a police hold in any manner, provided, that items subject to a police hold shall be surrendered to the Chief of Police or his designee upon request or in compliance with a subpoena signed by the prosecutor or in compliance with an order of a court of competent jurisdiction or as directed in a written release signed by the Chief of Police or his designee. Property held shall not be released for one hundred twenty (120) days from the date of police notification unless released by written consent of the law enforcement agency or by order of a court of competent jurisdiction. In cases where the law enforcement agency has placed a verbal hold on an item, that agency must then give written notice within ten (10) business days. If such written notice is not received within that period of time, then the hold order will cease. The pawnbroker shall give a twenty (20) day written notice before the expiration of the one hundred twenty (120) day holding period to the law enforcement agency about the stolen property. If notice is not given within twenty (20) days, then the hold on the property shall continue for an additional one hundred twenty (120) days. The law enforcement agency may renew the holding period for an additional one hundred twenty (120) day period as necessary. After the receipt of notification from a pawnbroker, if an additional holding period is required, the law enforcement agency shall give the pawnbroker written notice prior to the expiration of the existing hold order. A law enforcement agency shall not place on hold any item of personal property unless that agency reasonably suspects that the item of personal property is lost or stolen. Any hold that is placed on an item will be removed as soon as practicable after the item on hold is determined not to be stolen or lost. (Ord. 1778 § 8, 1994; Ord. 1678 § 7, 1992; Ord. 1231 § 7, 1985; Ord. 1155 § 1 (part), 1983).

5.10.125 Pawnbroker sale of pledged property limited – Written document required for transactions.

A pawnbroker shall not sell any property received and pledged until both the term of the loan and a grace period of a minimum of 60 days has expired. However if a pledged article is not redeemed within the 90-day period of both the term of the loan and the grace period, the pawnbroker shall have all rights, title and interest of that item of personal property. The pawnbroker shall not be required to account to the pledger for the proceeds received from the disposition of that item. Any provision of law relating to the foreclosures and the subsequent sale of forfeited pledged items shall not be applicable to any pledge as defined under this chapter, the title to which is transferred in accordance with this section. Every transaction entered into by a pawnbroker shall be evidenced by a written document, a copy of which shall be furnished to the pledger. The document shall set forth the term of the loan, the date in which the loan is due and payable and shall inform the pledger of the pledger’s right to redeem the pledge within 60 days after the expiration of the loan term. (Ord. 1678 § 8, 1992).

5.10.130 Penalty.

Every pawnbroker and every clerk, agent or employee of such pawnbroker, who shall:

(a) Fail to make an entry of any material matter in his book or record kept as provided in this chapter; or

(b) Make any false entry therein; or

(c) Falsify, obliterate, destroy or remove from his place of business such book or record; or

(d) Refuse to allow the city prosecutor or the Chief of Police or his agent to inspect the same, or any goods in his possession, during the ordinary hours of business; or

(e) Report any material falsely to the Chief of Police; or

(f) Fail to furnish the Chief of Police with a full, true and correct transcript of the record of all transactions occurring on a given day within forty-eight hours of the close of business; or

(g) Fail to report forthwith to the Chief of Police the possession of any property which he may have good cause to believe has been lost or stolen, together with the name of the owner, if known, and the date when, and the name of the person from whom the same was received by him; or

(h) Remove, or allow to be removed from his place of business except upon redemption by the owner thereof, any property received within fifteen days after receipt thereof shall have been reported to the Chief of Police; or

(i) Receive any property from any person under the age of eighteen years, any habitual user of narcotic drugs, any habitual criminal, any person in an intoxicated condition, any known thief or receiver of stolen property, or anyone acting on behalf of said individual; or

(j) Violate any provision of this chapter or RCW 19.60.066 by an act of either omission or commission;

shall be guilty of a gross misdemeanor and upon conviction shall be punished by imprisonment for not more than one year or by a fine of not more than $5,000 or both. Any action brought by an owner to recover goods or by a pawnbroker to determine ownership or title of an item, that results in a prevailing party in the action, is entitled to reasonable attorney’s fees and costs. (Ord. 1778 §§ 9, 10, 1994; Ord. 1678 § 9, 1992; Ord. 1231 §§ 8 – 11, 1985; Ord. 1155 § 1 (part), 1983).

Chapter 5.12
DETECTIVE AGENCIES

Sections:

5.12.010 Definitions.

5.12.020 Additional business license requirement for private detective agencies.

5.12.030 Additional business license requirement for private security companies.

5.12.040 —

5.12.110 (Deleted by Ord. 1671.)

5.12.010 Definitions.

The words and phrases used herein, unless the context otherwise indicates, shall have the following meanings:

(1) "City" means the city of Redmond.

(2) "Person" means and includes any individual, firm, corporation, partnership, association, company, society, manager, contractor, subcontractor, bureau, agency, service, office, or an agent or employee of any of the foregoing.

(3) "Private detective" means a person who is employed by a private detective agency for the purpose of investigation, escort or body guard services, or property loss prevention activities.

(4) "Private detective agency" means a person or entity engaged in the business of detecting, discovering, or revealing one or more of the following:

(a) Crime, criminals, or related information;

(b) The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of any person or thing;

(c) The location, disposition, or recovery of lost or stolen property;

(d) The cause or responsibility for fires, libels, losses, accidents, or damage or injury to persons or to property;

(e) Evidence to be used before a court, board, officer, or investigative committee;

(f) Detecting the presence of electronic eavesdropping devices; or

(g) The truth or falsity of a statement or representation.

(5) "Private security company" means a person or entity engaged in the business of providing the services of private security guards on a contractual basis.

(6) "Private security guard" means an individual who is principally employed as or typically referred to as one of the following:

(a) Security officer or guard;

(b) Patrol or merchant patrol service officer or guard;

(c) Armed escort or bodyguard;

(d) Armored vehicle guard;

(e) Burglar alarm response runner; or

(f) Crowd control officer or guard. (Ord. 1671 § 1 (part), 1992: Ord. 406 § 1, 1966).

5.12.020 Additional business license requirement for private detective agencies.

Any person who applies for a business license for a private detective agency must, in addition to meeting the requirements of Chapter 5.04, provide the City Clerk with evidence that the person has a current state of Washington private detective agency license pursuant to RCW

Chapter 18.165. Copies of state licenses for the private detective agency shall be filed with the City Clerk at the time of business license application. (Ord. 1671 § 1 (part), 1992: Ord. 968 § 1, 1981: Ord. 406 § 2, 1966).

5.12.030 Additional business license requirement for private security companies.

Any person who applies for a business license for a private security company must, in addition to meeting the requirements of Chapter 5.04, provide the City Clerk with evidence that the person has a current state of Washington private security company license pursuant to RCW Chapter 18.170. Additionally, any individual employed as a private security guard by a private security company must possess a current state of Washington private security guard license. Copies of state licenses for the private security company shall be filed with the City Clerk at the time of business license application. (Ord. 1671 § 1 (part), 1992: Ord. 1480 § 5 (part), 1989: Ord. 406 § 3, 1966).

5.12.040 Private detective license — Fee.

(Deleted by Ord. 1671.) (Ord. 1480 § 5 (part), 1989: Ord. 406 § 4, 1966).

5.12.050 Application for private detective license.

(Deleted by Ord. 1671.) (Ord. 406 § 5, 1966).

5.12.060 Employees not to divulge information.

(Deleted by Ord. 1671.) (Ord. 406 § 6, 1966).

5.12.070 Unlawful acts.

(Deleted by Ord. 1671.) (Ord. 406 § 7, 1966).

5.12.080 Bond for detective agency license.

(Deleted by Ord. 1671.) (Ord. 406 § 8, 1966).

5.12.090 Private guard license — Fee.

(Deleted by Ord. 1671.) (Ord. 1480 § 5 (part), 1989: Ord. 406 § 9, 1966).

5.12.100 Revocation — Suspension.

(Deleted by Ord. 1671.) (Ord. 406 § 10, 1966).

5.12.110 Penalty.

(Deleted by Ord. 1671.) (Ord. 406 § 11, 1966).

Chapter 5.16
TAXICABS

Sections:

5.16.010 King County regulations adopted by reference.

5.16.020 Business license required.

5.16.010 King County regulations adopted by reference.

Chapter 6.64 of the King County Code entitled "Taxis — Businesses and Drivers," including all future amendments, is adopted by reference as if set forth in full herein; provided, that any references to unincorporated King County in Sections 6.64.010 and 6.64.020, as well as any other sections pertaining to the application of the ordinance codified in this chapter, shall be changed to refer to the city of Redmond. (Ord. 1521 § 1, 1989: Ord. 126 § 1, 1949).

5.16.020 Business license required.

In addition to any licenses required by Chapter 6.64 of the King County Code, a person shall also obtain a business license pursuant to Chapter 5.04 of this code when required to do so by the provisions of that chapter. (Ord. 1521 § 2, 1989: Ord. 126 § 2, 1949).

Chapter 5.20
CABARET DANCES

Sections:

5.20.010 Cabaret dance defined.

5.20.020 License required — Fees — Payment.

5.20.030 Application.

5.20.031 License — Criteria for approval — Reapplication — Appeals.

5.20.035 Renewals.

5.20.040 License regulations.

5.20.045 Criteria for suspension or revocation of license.

5.20.050 Conduct at dances.

5.20.060 Exceptions.

5.20.070 Penalty for violation.

5.20.010 Cabaret dance defined.

As used in this chapter, "cabaret dance" is construed to mean a dance held or permitted in connection with a business where intoxicating liquors are sold or consumed. (Ord. 253 § 1, 1961).

5.20.020 License required — Fees — Payment.

It is unlawful for any person, firm or corporation to operate or conduct a cabaret dance within the city without first having obtained and being the holder of a valid and subsisting license to do so, to be known as a "Cabaret Dance License." The fee for any such cabaret dance license shall be set by council resolution. The entire annual license fee shall be payable for the applicable calendar year regardless of when the application for license is made and shall not be prorated for any part of the year; provided, that the annual license fee for original applications only may be prorated on a quarterly basis, payable in advance for the remaining part of the calendar year according to the quarter of the year in which the application is made. Annual license renewals shall be payable in full on January 1st of each subsequent calendar year of operation.

No license to conduct a cabaret dance shall be granted unless the applicant therefor is of good moral character. (Ord. 1480 § 7, 1989: Ord. 739 § 1, 1976: Ord. 404 § 1, 1966: Ord. 253 § 2, 1961).

5.20.030 Application.

A. Application for any such license shall be submitted by the applicant at least thirty (30) days prior to the first dance. The applicant shall submit an application in writing to the City Clerk upon such forms as the Clerk may prescribe. In addition to any other information requested on the form, the applicant shall state the name and place of residence of the applicant, the address and description of the premises to be licensed, and the dates, times, and number of 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 approvals set forth in Section 5.20.031. The Police Chief shall report the results of such investigation to the City Clerk, as well as the Police Chief’s other findings as to whether the criteria for obtaining a cabaret license have been met. (Ord. 1566 § 1 (part), 1990: Ord. 1396 § 1, 1987: Ord. 820 § 1, 1978: Ord. 253 § 3, 1961).

5.20.031 License — Criteria for approval — Reapplication — Appeals.

A. The Clerk shall grant a license unless the Clerk finds that one or more of the following conditions exist:

(1) The building, structure, equipment or location of the business for which the license is sought does not comply with the requirements or fails to meet the standards of the applicable health, zoning, building, fire and safety laws of the state, King County, and the City, or other requirements of this Chapter;

(2) The applicant or any of the applicant’s officers, directors, partners, operators, employees or any other person involved in the operation of the dance or dance hall has been convicted within the last ten (10) years of:

(a) A felony involving a crime of violence as defined in RCW 9.41.012(2) as it now exists or is hereafter amended or any felony under RCW Chapters 9A.44, 9A.64, 9A.88 or 69.50, where such felony directly relates to the operation or conduct of a cabaret dance or an establishment offering cabaret dancing; or

(b) A crime involving prostitution, or promoting prostitution, prostitution loitering or lewd conduct, where such crime directly relates to the operation or conduct of a cabaret dance or an establishment offering cabaret dancing.

(3) The applicant or any of the applicant’s officers, directors, partners, operators, employees or any other person involved in the operation of the dance or dance hall, or any combination thereof, have been cited for three (3) or more liquor license violations by Washington State Liquor Control personnel within the last year.

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. An applicant may appeal the determination of the City Clerk to the City Council by filing a written notice of appeal with the City Clerk within ten (10) days from the date of notice of denial. The notice of appeal shall contain a statement of the reasons for the appeal. Failure to file a timely notice of appeal shall result in a waiver of any right to appeal. (Ord. 1829 §§ 1, 2, 1995; Ord. 1566 § 1 (part), 1990: Ord. 1396 § 2, 1987).

5.20.035 Renewals.

Application for annual license renewals shall be made to the City Clerk upon such forms as the Clerk may prescribe and shall be subject to the approval of the Chief of Police who shall review the conduct of cabaret dances by the licensee for the preceding year or portion thereof in determining whether such license should be renewed; provided, that a decision not to renew may be appealed to the City Council for its determination as in the case of original applications under Section 5.20.030. (Ord. 820 § 2, 1978).

5.20.040 License regulations.

The license granted under this chapter shall be personal to the applicant and shall not be transferable, nor shall the license fees paid hereunder be refundable except by action of the City Council. Each license shall at all times be conspicuously displayed. Upon the revocation of a license for a violation of this chapter, the unearned portion of the license fee shall be forfeited to the city. (Ord. 253 § 5, 1961).

5.20.045 Criteria for suspension or revocation of license.

A. The City Clerk may suspend or revoke any and all cabaret licenses whenever:

1. Any of the conditions set forth in subsection 5.20.031(A) occurs or is found to exist during the term for which the license is issued; or

2. The applicant or any of the applicant’s officers, directors, partners, operators, employees or any other person involved in the operation of the licensed premises have obtained the license or permit by fraud, misrepresentation or concealment; or

3. The applicant or any of the applicant’s officers, directors, partners, operators, employees or any other person involved in the operation of the licensed premises have violated any provision of this chapter in connection with said operation.

B. The procedure to be followed in revoking or suspending a cabaret license shall be that set forth in Chapter 5.04 of the Redmond Municipal Code for suspension or revocation of a business license. (Ord. 1829 § 3, 1995).

5.20.050 Conduct at dances.

Each and every cabaret dance licensed hereunder shall at all times be conducted in an orderly manner, shall be policed to the satisfaction of the city authorities, without cost to the city, by the licensee and minors shall not be allowed therein. No dance shall continue later than two a.m. (Ord. 253 § 4, 1961).

5.20.060 Exceptions.

This chapter shall not apply to dances conducted for a public benefit or by a nonprofit organization. (Ord. 253 § 6, 1961).

5.20.070 Penalty for violation.

Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished as provided in Section 1.01.110. (Ord. 253 § 8, 1961).

Chapter 5.22
PUBLIC DANCES AND DANCE HALLS

Sections:

5.22.010 Definitions.

5.22.020 License required — Fee — Renewals.

5.22.030 License — Exemption and waiver of payment.

5.22.040 License — Application.

5.22.050 License — Criteria for approval — Reapplications.

5.22.055 Conditions upon issuance of license — Review of operations.

5.22.060 Appeal from denial or conditions.

5.22.062 Security personnel required.

5.22.063 Litter control — Security for cleanup.

5.22.066 Loitering on premises prohibited.

5.22.070 Revocation or suspension of license.

5.22.072 Age restrictions.

5.22.073 Hours of operation.

5.22.074 Public dances — Readmission fee.

5.22.076 Access — By police and fire officers.

5.22.078 License limited to license and location.

5.22.080 Applicability.

5.22.010 Definitions.

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

(1) "Dance hall" means any place or premises where a public dance is conducted, including, but not limited to, all hallways, bathrooms and all adjoining enclosed areas accessible to the public during the dance.

(2) "Fire Marshal" means the Redmond Fire Marshal or his designee.

(3) "Person" includes one or more natural persons, corporations, partnerships or unincorporated associations or other forms of business organization.

(4) "Police Chief" means the Redmond Police Chief or his designee.

(5) "Public dance" means any dance that is open to the public and which: (A) is conducted for a profit, direct or indirect; or (B) 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. (Ord. 1319 § 2 (part), 1986).

5.22.020 License required — Fee — Renewals.

(a) It is unlawful for any person to conduct a public dance within the city 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; provided, however, that any holder of a valid and current cabaret license shall be exempt from the license provisions of this chapter. The annual fee for a public dance license shall be set by council resolution.

(b) The entire annual license fee shall be paid for the applicable calendar year regardless of when the application for license is made, and shall not be prorated for any part

of the year except that if the original application for license is made subsequent to June 30th, the license fee for the remainder of that year shall be one-half of the annual license fee. Annual license renewals shall be obtained and paid in full by January 1st of each calendar year.

(c) There shall be assessed and collected by the Clerk an additional charge computed as a percentage of the license fee, on renewal applications not made, including payment of the required fee, on or before January 31st of each calendar year. The amount of said additional charge shall be set by council resolution. (Ord. 1480 § 8, 1989: Ord. 1319 § 2 (part), 1986).

5.22.030 License — Exemption and waiver of payment.

A. A license is not required under this chapter if the dance is conducted by a public and/or private school licensed by the state, or by the City.

B. The City Clerk shall have the right to waive the requirement of payment of the license fee in the case of any dance open to the public which, in the opinion of the City Clerk, is conducted for a charitable purpose or will otherwise result in substantial benefit to the community and which merits waiver of the fee. Application for a fee waiver shall be made no less than thirty (30) days prior to the date of the dance for which the license is sought. (Ord. 1566 § 2 (part), 1990: Ord. 1319 § 2 (part), 1986).

5.22.040 License — Application.

A. Applications for any license pursuant to this chapter shall be submitted in writing to the City Clerk upon such forms as the Clerk may prescribe at least thirty (30) days prior to the first dance. 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 Section 5.22.050. The Police Chief shall report the results of such investigation to the City Clerk, as well as the Police Chief’s other findings as to whether the criteria for obtaining a public dance license have been met. (Ord. 1566 § 2 (part), 1990: Ord. 1319 § 2 (part), 1986).

5.22.050 License — Criteria for approval — Reapplications.

A. The City Clerk shall grant a license unless the Clerk finds that one or more of the following conditions exist:

(1) The building, structure, equipment or location of the business or dance for which the license is sought 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, King County, and the City, or the requirements of this chapter;

(2) The applicant or any of the applicant’s officers, directors, partners, operators, employees or any other person involved in the operation of the dance or dance hall has been convicted within the last five (5) years of:

(a) A felony involving a crime of violence (as defined in RCW 9.41.010(2) as it now exists or as hereafter amended) or any felony under RCW Chapters 9A.44, 9A.64, 9A.88 or 69.50; or

(b) A crime involving prostitution, promoting prostitution, prostitution loitering or lewd conduct, or assault on a juvenile.

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. Applications for renewal of a license issued under this chapter shall be processed and considered according to the criteria for initial issuance of the license. (Ord. 1566 § 2 (part), 1990: Ord. 1319 § 2 (part), 1986).

5.22.055 Conditions upon issuance of license — Review of operations.

A. At the time of granting a license or license renewal pursuant to this chapter, the City Clerk may impose such conditions as the Clerk finds necessary to adequately protect the public health, safety and general welfare.

B. The City Clerk shall review the operations of all public dance halls approximately six (6) months after commencement of business to determine whether additional or revised conditions are needed in order to prevent incompatibility with surrounding land uses or to protect the public welfare. The licensee shall be given notice of all proposed additional conditions and an opportunity to discuss the conditions with the City Clerk. (Ord. 1566 § 2 (part), 1990: Ord. 1319 § 2 (part), 1986).

5.22.060 Appeal from denial or conditions.

A. When the City Clerk refuses to grant a license, or grants a license with conditions, the City Clerk shall notify the applicant in writing of the same and shall inform the applicant of his right to a hearing before the City Council. The applicant shall exercise the right to a hearing by filing a written notice of appeal with the City Clerk within ten (10) days of the date of the notice of denial or conditions. The notice of appeal shall contain a statement of the reasons for the appeal.

B. If the applicant timely files a notice of appeal, the applicant shall be afforded a hearing before the City Council 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 City Council shall determine whether the applicant has shown reason to revise the conditions or to issue the license and shall make its final decision. (Ord. 1566 § 2 (part), 1990: Ord. 1319 § 2 (part), 1986).

5.22.062 Security personnel required.

It shall be the obligation of every person licensed under this chapter to insure that an adequate number of qualified security personnel are employed and in attendance during and following each public dance as is necessary in order to maintain order and insure compliance with the laws of the state and ordinances of the city. (Ord. 1319 § 2 (part), 1986).

5.22.063 Litter control — Security for cleanup.

(a) Prior to issuance of any public dance license a cash security deposit in the amount of two hundred dollars shall be submitted to the City Clerk 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 twenty-four 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. In the event the cost of the cleanup exceeds the amount of funds on deposit, the licensee shall pay such excess costs.

(b) In the event funds are expended out of a security deposit required by this section, the licensee shall, within five days of receipt of notice of such expenditure, submit the amount necessary to replenish the security fund to the amount of the full security deposit. No renewal license shall be issued unless the full amount of the security deposit for litter cleanup is on deposit with the city at the time of the application for renewal.

(c) Upon termination of all activities authorized by a public dance license and cleanup of all litter resulting from such activity, the remainder of all funds deposited as security for litter cleanup shall be refunded to the licensee, without interest. (Ord. 1319 § 2 (part), 1986).

5.22.066 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 all 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. 1319 § 2 (part), 1986).

5.22.070 Revocation or suspension of license.

(a) After giving notice to the licensee of the right to a hearing pursuant to the pro-

cedures set forth in Section 5.22.060, and conducting a hearing if a timely request is filed, the City Council may suspend or revoke any license issued pursuant to this chapter 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 Clerk;

(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, King County, and the city, or the requirements of this chapter;

(3) The applicant or any of the applicant’s officers, directors, partners, operators, employees or any other person involved in the operation of the dance or dance hall has been convicted within the last five years of:

(A) A felony involving a crime of violence (as defined in RCW 9.41.010(2) as it now exists or as hereafter amended) or any felony under RCW Chapters 9A.44, 9A.64, 9A.88 or 69.50, or

(B) A crime involving prostitution, promoting prostitution, prostitution loitering or lewd conduct, or assault on a juvenile;

(4) The licensee or his 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(2) as it now exists or as hereafter amended) or any felony under RCW Chapters 9A.44, 9A.64, 9A.88 or 69.50 to occur in or upon the dance hall premises,

(B) A crime involving prostitution, promoting prostitution, prostitution loitering or lewd conduct, or assault on a juvenile to occur in or upon the dance hall premises,

(C) Any unlawful act of sexual intercourse, sodomy, oral copulation, or masturbation to be committed in or upon the dance hall premises, or

(D) The dance hall premises to be used as a place in which unlawful solicitations for sexual intercourse, sodomy, oral copulation or masturbation occur, or

(E) The possession or consumption of liquor by persons under the age of twenty-one years, in or upon dance hall premises, or

(F) The giving or supplying of liquor to any person under the age of twenty-one years, or

(G) 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,

(H) Violation of any condition placed upon a license issued pursuant to this chapter, of the ordinance codified in this chapter, or of any other applicable law or ordinance, which the City Council finds constitutes an unreasonable interference with surrounding land uses or is otherwise unreasonably detrimental to the public welfare.

(b) If the City Council finds that any of the conditions set forth in this section exists 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 licensee, that notice of the conditions has been given to the licensee and at least twenty-four hours have expired without the elimination of such conditions, the City Council 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 City Council in accordance with Section 5.22.060. The notice of immediate suspension of license given pursuant to this subsection shall include a statement of the conditions found to exist that constitute 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 ten 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 City Clerk.

(c) Revocation of any license issued under this chapter shall be accomplished pursuant to this section. (Ord. 1319 § 2 (part), 1986).

5.22.072 Age restrictions.

(a) No person conducting a public dance or maintaining a public dance hall shall allow persons under the age of sixteen 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 of each person admitted. A valid Washington State driver’s license or photo identification card issued by the Washington State Department of Licensing shall be the only acceptable forms of proof of age.

(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.

(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. (Ord. 1319 § 2 (part), 1986).

5.22.073 Hours of operation.

No public dance to which any person under the age of eighteen years may be admitted shall be conducted past the hour of twelve midnight on any school night, nor past the hour of two a.m. on any other day. For the purpose of this section, the term "school night" means any night preceding a day upon which public schools within the city are scheduled to operate as of the time of commencement of the dance. (Ord. 1319 § 2 (part), 1986).

5.22.074 Public dances — 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. 1319 § 2 (part), 1986).

5.22.076 Access — By police and fire officers.

All police officers of the city and/or the Chief of Police 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. 1319 § 2 (part), 1986).

5.22.078 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. 1319 § 2 (part), 1986).

5.22.080 Applicability.

All public dances within the city shall be regulated by the provisions of this chapter, regardless of whether a public dance license or business license was obtained from the city prior to or after the effective date of the ordinance codified in this chapter. (Ord. 1319 § 2 (part), 1986).

Chapter 5.28
CARNIVALS, CIRCUSES, AND AMUSEMENT ACTIVITIES

Sections:

5.28.010 Definitions.

5.28.020 Carnival, circus and amusement license required.

5.28.030 Business license required.

5.28.040 Additional food permit required.

5.28.050 License fees.

5.28.060 Clean-up deposit.

5.28.070 License application.

5.28.080 License review.

5.28.090 Conditions upon issuance of license – Review of operations.

5.28.100 Appeal of license denial.

5.28.110 Conditions of operation.

5.28.120 Inspection.

5.28.130 Insurance.

5.28.140 Indemnification.

5.28.150 Revocation or suspension.

5.28.160 Penalty for violation.

5.28.010 Definitions.

A. "Amusement" means recreation or entertainment to which the general public is invited for an admission charge.

B. "Applicant" means any person or organization seeking a license from the city to conduct an event governed by this chapter. The applicant, including the person seeking a permit on behalf of an organization, must be 18 years of age or older. The applicant shall be the company or person actually conducting the event. Sponsors of events shall not be considered the applicant.

C. "Carnival" means any mobile enterprise or the temporary use of a device or devices for the purpose of providing entertainment, amusement, sport or merriment for patrons and includes, but is not limited to, roller coasters, merry-go-rounds, swings, ferris wheels, games of shooting, pitching and throwing, and phenomenal exhibitions.

D. "Circus" means any institution featuring exhibits for the purpose of entertainment and includes, but is not limited to, exhibitions and performances by clowns, acrobats and/or animals; provided, that nothing in this chapter shall be construed as authorizing any display of wild or exotic animals otherwise prohibited by the Redmond Municipal Code.

E. "Exhibition" means any display by an exhibitor(s) for public view and includes, but is not limited to, stationary exhibits; performances or presentations; and displays of crafts, trinkets, photographs, paintings or other art pieces.

F. "Fraternity" means an association or society of persons formed for mutual aid and benefit, but not for profit.

G. "Religious organization" means an organization engaged in the practice of a particular faith or central beliefs.

H. "Transient" means temporary, short-lived, non-permanent or non-lasting. (Ord. 2035 § 2, 1999; Ord. 1706 § 1, 1992; Ord. 1664 § 2 (part), 1992).

5.28.020 Carnival, circus and amusement license required.

It is unlawful for any person, organization, association, firm, partnership or corporation to conduct or engage in carnivals, circuses, amusements or exhibitions in the city without first obtaining a carnival, circus and amusement license from the city to engage in such activity.

Provided that, the grant of any such license in no way relieves any applicant from the duty to comply with all applicable city or state laws. (Ord. 1664 § 2 (part), 1992).

5.28.030 Business license required.

In addition to any licenses and fees required under Chapter 5.28 of the Redmond Municipal Code, every applicant shall also obtain a business license pursuant to Section 5.04.070 of this code. The applicant shall be required to obtain the license. The sponsor is unable to do so for the applicant. (Ord. 1706 § 2, 1992: Ord. 1664 § 2 (part), 1992).

5.28.040 Additional food permit required.

Every applicant for a carnival, circus and amusement license who makes food or beverages available to patrons must also obtain a permit from the Seattle King County Health Department. The applicant must obtain the permit. The sponsor is unable to do so for the applicant. (Ord. 1706 § 3, 1992: Ord. 1664 § 2 (part), 1992).

5.28.050 License fees.

A. Every applicant, as defined in RMC Section 5.28.010 (B) must submit an advance payment of license fees for the carnival, circus or amusement license application. Both such payment and the application must be filed at least thirty (30) days prior to the commencement of the activity, unless otherwise authorized by the city. It is the applicant who must file and submit the application, not the sponsor. Any application filed by a sponsor, will be deemed void. The fee for each day the business shall operate shall be set by Council resolution. Provided that nontransient, community based applicants (not sponsors) such as schools, churches, religious organizations or local fraternities shall be exempt from this fee upon submittal of proof that such school, church, religious organization or local fraternity operates as a nonprofit entity in the State of Washington. This exemption shall not apply to organizations that are regularly engaged in for profit intrastate or interstate commerce and are therefore transient in nature.

B. Additional fees may be imposed for the actual costs of providing support services. In addition, the city may charge an administrative fee computed by charging up to ten (10) percent of the actual costs of providing support services. The services shall include, but not be limited to, services provided by the departments of Public Works, Fire and Police. These additional fees shall also apply to nonprofit applicants.

C. Pursuant to RMC 3.28.040, a tax shall be levied and collected by the city for each charge of admission to the activity for which a permit is being sought. (Ord. 1706 § 4, 1992; Ord. 1664 § 2 (part), 1992).

5.28.060 Clean-up deposit.

Under Section 5.28.020 every applicant must also enclose with the carnival, circus and amusement license application a cash clean-up deposit in an amount to be set by Council resolution. Such deposit shall be refunded by the city upon expiration, suspension or revocation of the license if the area used by the applicant has been cleaned and restored to the same condition as existed prior to such use. If the area used is not cleaned and restored to original condition, the applicant shall be billed for the actual cost to the city for clean-up and restoration. The clean-up deposit shall be applied to the payment of the bill. (Ord. 1664 § 2 (part), 1992).

5.28.070 License application.

The application shall be upon a form furnished by the City Clerk and shall contain:

A. The names, addresses and telephone numbers of the business, individual applicant and contact person;

B. The individual applicant’s date of birth;

C. A statement indicating whether the applicant is an individual, association, organization, firm, corporation or partnership and a list of all officers and partners, respectively;

D. A complete description of the proposed event or activity for which the license is being sought;

E. The location(s) of the proposed event or activity; a basic site map;

F. The number of individual mechanical devices and amusement rides, a brief description of each, and a list of concession stands, game booths or exhibitions that will be in operation;

G. Proof of liability insurance as required under Section 5.28.130;

H. The date that the application was made and the date(s) of the proposed activity or event;

I. A description and the location of public rest rooms to be provided by the applicant for the proposed event or activity as required under Section 5.28.110(F); and

J. A statement indicating whether the proposed activity will require the use of any city street or right-of-way and, if so, the location and dimensions of the proposed use and the remaining unobstructed street or right-of-way along with a street use permit, if applicable, as defined in Redmond Municipal Code Section 12.08.010. Corresponding fees to this permit are not waived for any applicant;

K. Such other data as the City Clerk may reasonably require in the interest of public health, safety or welfare. (Ord. 1664 § 2 (part), 1992).

5.28.080 License review.

No license to operate an activity or event under this chapter shall be issued without the prior written approval of the city Departments of Public Works, Planning, Police, Parks, Fire and Finance. A license may be denied if, after review by the aforementioned Departments and the City Clerk, it is determined that the event or activity would:

A. Significantly increase traffic volumes which may adversely affect vehicular and pedestrian safety;

B. Create potential crowd control problems dangerous to the well-being of the public;

C. Expose the public to harmful psychological and physiological effects and adverse impacts due to excessive noise;

D. Be otherwise detrimental to the health, safety and welfare of the public; or

E. When such proposed activity or event does not comply with any provision of this chapter, or with other laws and regulations of the city, or of the state of Washington.

Upon denial of a carnival, circus and amusement license application, all fees and deposits submitted with the application shall be refunded to the applicant, less a non-refundable fee for processing the application, to be set by Council resolution. (Ord. 1664 § 2 (part), 1992).

5.28.090 Conditions upon issuance of license – Review of operations.

The City Clerk may review the operations of any activity operating under a carnival, circus and amusement license at any time after commencement of operation to determine whether additional or revised conditions are needed in order to prevent incompatibility with surrounding land uses and to protect the public health, safety and general welfare. (Ord. 1664 § 2 (part), 1992).

5.28.100 Appeal of license denial.

All decisions with respect to the issuance, denial, revocation or suspension of any license issued under this chapter shall be final unless the applicant makes a written appeal to the City Hearing Examiner within ten (10) days pursuant to Section 5.04.084. (Ord. 1664 § 2 (part), 1992).

5.28.110 Conditions of operation.

A. Time of Operation. Any activity for which a license is issued under this chapter shall only operate in accordance with the times set forth below:

During months when schools are regularly in session –

9:00 a.m. – 11:00 p.m. Sunday through Thursday

9:00 a.m. – 12:00 midnight Friday, Saturday and holidays

During summer months when schools are not regularly in session –

9:00 a.m. – 12:00 midnight

B. Distance from Schools and Churches. Any activity for which a license has been granted under this chapter shall not be conducted within one thousand (1,000) feet of any school or church, unless the school or church provides a written statement waiving such requirement.

C. Conduct. Every applicant shall:

(1) Comply with all applicable city or state laws; and

(2) Refrain from engaging in any unlawful gambling.

D. Alcohol. The sale, consumption or possession of any alcoholic beverages in conjunction with any activity permitted under this chapter is prohibited.

E. Noise and Amplifying Equipment. Every applicant must comply with all noise and amplifying regulations as set forth in Redmond Municipal Code Chapter 9.42 and in Redmond Community Development Guide (RCDG) 20C.20.120, unless specifically exempted under RCDG 20C.20.120.

F. Provision of Public Rest Rooms. Every applicant must provide sufficient public rest rooms, such sufficiency to be determined by Appendix C of the Uniform Plumbing Code or as deemed by the authorizing building official during review of the applicant’s application.

G. Posting of Game Rules. The rules of any game, the cost of participating in such game, and the prizes to be awarded shall be clearly indicated and prominently displayed at the game site. The admission price to any game, ride or other amusement device shall also be clearly indicated and prominently displayed at the site of such game, ride or device. (Ord. 1664 § 2 (part), 1992).

5.28.120 Inspection.

A. The Fire Chief or designee shall determine whether the applicant has made sufficient provisions for:

1. Adequate aisles, seats, platforms and poles; platforms and poles shall be jointly inspected by the Fire Department and the Building Department;

2. Sufficient exits, well-marked and properly lighted;

3. Properly lighted and unobstructed passageways to areas leading away from structure(s);

4. Removal of all poles, ropes or other obstructions within the aisles or exits of a place of assembly;

5. Sufficient "No Smoking" signs shall be visible at all times in those areas so designated;

6. Proper safeguarding of any use of open flames or prohibition of such use;

7. Safeguarding structures or other amusement devices from fire due to unsafe use of straw, dry grass, sawdust or other combustible materials;

8. Proper facilities or devices to contact the City Fire Department or other emergency response unit;

9. Such fire equipment as the Fire Chief deems necessary for proper fire protection;

10. Flameproof tents, cloth, canvas, rigging, ropes or other combustible materials;

11. The attendance of sufficient police officers and firefighters as the Chiefs of Police and Fire deem necessary for crowd control and such other control required to protect the public health, safety and welfare;

12. Location and number of fire extinguishers to be determined by the Fire Chief;

13. Access for a Fire Department aid car to within fifty (50) feet of twenty-five (25) percent of the perimeter of any building;

14. Access for a Fire Department pumper to within one hundred fifty (150) feet of all portions of the exterior of a building; and

15. A fire flow of no less than one thousand five hundred (1,500) gallons per minute. Fire flow requirements may exceed this minimum.

B. The City Building Official or other appropriate city representative may, before the opening of an activity to the public licensed under this chapter, and periodically during its operation thereafter, inspect structures or mechanical devices to determine compliance with applicable codes and permit restrictions so as to ensure public safety. (Ord. 1664 § 2 (part), 1992).

5.28.130 Insurance.

A. Liability Coverage Required. Every applicant must possess or obtain public liability insurance to protect against loss from liability imposed by law for damages on account of bodily injury or property damage arising from any activity. A certificate of insurance must be filed with the City Clerk thirty (30) days prior to the commencement of such activity, and must name the city, its officials, employees and agents as additional insureds. Insurance coverage must be maintained for the duration of the activity and for thirty (30) days after the cessation of such activity.

B. Minimum Limits Defined. Coverage must be under a comprehensive general liability insurance policy. Minimum limits required are one million dollars ($1,000,000.00) per each occurrence (bodily injury and property damage) combined single limit. If food is sold or served at the activity, the policy must also include an endorsement for potential product liability claims. The city may require additional endorsements depending upon the proposed activity.

C. Waiver or Reduction of Required Limits. The city may waive or reduce the insurance requirements set out in this section under the following conditions:

1. The applicant signs a verified statement indicating the names and addresses of two insurance agents or other sources of insurance coverage contacted and stating that insurance coverage in the limits required is impossible to obtain; or

2. The risk manager determines that the insurance limits are in excess of the reasonable risk presented by the proposed activity. (Ord. 1664 § 2 (part), 1992).

5.28.140 Indemnification.

Prior to the issuance of a license to conduct any activity authorized under this chapter, the applicant must sign an agreement to defend the city, and indemnify and hold harmless the city, its officers, employees and agents, against any claim which arises in whole or in part out of the activity for which the license was issued. Provided that, the applicant shall not be obligated to defend the city, nor indemnify, nor hold harmless the city, its officers, employees and agents, against a claim arising solely out of the negligent acts or omissions of the city, its officers, employees or agents. The undersigned waives immunity under RCW Title 51, the Industrial Insurance Act, and similar statutes, for purposes of this agreement only and acknowledges that this waiver has been specifically negotiated. (Ord. 1664 § 2 (part), 1992).

5.28.150 Revocation or suspension.

All licenses issued under this chapter shall be temporary, shall vest no permanent rights in the applicant, and may be immediately revoked or suspended by the City Clerk as follows:

A. The activity endangers or threatens persons or property, or otherwise jeopardizes the health, safety or welfare of persons or property; or

B. The activity conducted is in violation of any of the terms or conditions of such license. (Ord. 1664 § 2 (part), 1992).

5.28.160 Penalty for violation.

Any person, association, firm, partnership or corporation that violates any of the provisions in this chapter shall be guilty of a misdemeanor and shall, upon conviction be punished by a fine not exceeding one thousand dollars ($1,000.00) and by imprisonment not exceeding ninety (90) days. Each day or portion of a day during which a violation is committed constitutes a separate offense. (Ord. 1664 § 2 (part), 1992).

Chapter 5.32
TRANSITORY AMUSEMENT FRANCHISE FEE
(Repealed by Ord. 1664)

Chapter 5.36
MUSIC BOXES

Sections:

5.36.010 Purpose.

5.36.020 Music box defined.

5.36.030 License required.

5.36.040 Application.

5.36.050 Issuance — Term.

5.36.060 Fees.

5.36.070 (Repealed by Ord. 1624.)

5.36.080 Operation of music boxes.

5.36.090 Revocation of license.

5.36.100 Penalty.

5.36.010 Purpose.

The provisions of this chapter shall be deemed an exercise of the police power and the power of the city to license for revenue and for regulation. (Ord. 251 § 1, 1960).

5.36.020 Music box defined.

"Music box", as used in this chapter means and includes a device, instrument or machine for the reproduction of music by records, tape or other means whereby the same is operated or activated by means of a coin or other token of value. (Ord. 251 § 2, 1960).

5.36.030 License required.

It is unlawful for any person, firm or corporation to place for operation, or any person, firm or corporation to operate within the city any music box, as herein defined, without first having obtained and being the holder of a valid and subsisting license therefor in accordance with the provisions of this chapter. (Ord. 251 § 3, 1960).

5.36.040 Application.

Any person, firm or corporation desiring to place for operation or maintain, keep or operate any music box shall make written application for license so to do and file the same with the City Clerk or other designated officer. The application shall state the name of the applicant, his residence, the address and nature of business at which any music boxes shall be maintained and operated, a description and serial number of each music box, and the number of music boxes to be covered by the license. (Ord. 251 § 4, 1960).

5.36.050 Issuance — Term.

Upon approval of the application by the City Clerk or other designated officer, the City Clerk’s office shall compute the license fee required under the provisions of this chapter and, upon payment thereof, shall issue to the applicant a license to maintain and operate music boxes for the calendar year in which issued. The license shall be known as a "Music Box License" and shall be of two kinds: (1) a "master" license to be required of the owner of the music box(es) and (2) an "operator’s" license to be required of the owner of the business establishment in which the music box is placed.

A copy of the operator’s license shall be affixed to and conspicuously displayed upon each properly licensed music box maintained or operated within the city. No owner or operator of a properly licensed music box shall transfer said license from one music box to another, and no properly licensed music box shall be transferred from one location to another except with the consent of the City Clerk’s office.

Each license shall expire at the end of the calendar year in which it is issued, and a new license shall be required for each ensuing calendar year. Any license issued under and by virtue of the provisions of this chapter shall be personal and nontransferable. Each license shall be numbered, and shall show the name of the licensee, business address and the kind of license issued. (Ord. 1624 § 1, 1991: Ord. 251 § 5, 1960).

5.36.060 Fees.

The fee for the master license and the fee for the operator’s license required by this chapter shall be set by council resolution. The master license fee shall be payable in full at the time the license is issued and shall not be prorated for any part of the year. The operator’s license fee shall be payable annually in advance in accordance with the number of music boxes to be covered by the license. Music boxes placed in operation during the year will not be covered until the entire annual fee for such machine has been paid without prorating the same. (Ord. 1480 § 11, 1989: Ord. 255 § 1, 1961: Ord. 251 § 6, 1960).

5.36.070 Repealed by Ord.

1624. (Ord. 251 § 7, 1960).

5.36.080 Operation of music boxes.

No music box licensed under the provisions of this chapter shall be operated in a loud or noisy manner so as to unduly annoy or disturb the occupants of adjoining property or as to create a public disturbance or nuisance. (Ord. 251 § 8, 1960).

5.36.090 Revocation of license.

The City Council shall have the right to revoke any and all licenses issued hereunder when they deem the continuance of the license or licenses injurious to the public health and well being with or without notice to the licensee. In the event any license is revoked, the unearned portion of the license fee shall be forfeited to the city. (Ord. 251 § 9, 1960).

5.36.100 Penalty.

Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Section 1.01.110. (Ord. 251 § 10, 1960).

Chapter 5.44
OCCUPATION TAX

Sections:

5.44.010 Purpose and effect.

5.44.020 Definitions.

5.44.030 Required — Violation.

5.44.040 Monthly periods.

5.44.050 Occupations subject — Rate.

5.44.060 Return required — Due dates and payment.

5.44.070 Payment procedure.

5.44.080 More than one business.

5.44.090 Failure to pay — Violation.

5.44.100 Exceptions and deductions.

5.44.105 Allocation of income — Cellular telephone service.

5.44.110 Books and records required — Returns confidential.

5.44.120 Investigation and audit regarding tax liability.

5.44.130 Overpayment or deficiency.

5.44.140 Failure to file return.

5.44.150 Sale of business.

5.44.160 Failure to comply, unlawful acts.

5.44.170 Not exclusive.

5.44.180 Penalty for late payment — Interest.

5.44.190 Debt to city when unpaid.

5.44.195 Rate change.

5.44.200 Rules and regulations.

5.44.210 Appeals.

5.44.220 Penalty.

5.44.010 Purpose and effect.

The provisions of this chapter shall be deemed an exercise of the power of the city to license for revenue and to levy a tax on utilities pursuant to the laws of the state of Washington. (Ord. 505 § 1, 1969).

5.44.020 Definitions.*

Unless the context clearly indicates otherwise, the words, phrases and terms used in this chapter shall have the following meanings:

(a) "Gross income" means the value proceeding or accruing from the sale of tangible property or service, and receipts (including all sums earned or charged, whether received or not) by reason of investment of