Title 5
BUSINESS LICENSES AND REGULATIONS¹

Chapters:

5.05 Business Licenses and Regulations

5.10 Solicitors and Canvassers

5.15 For-Hire Regulations

5.20 Private Detectives and Private Security Guards

5.25 Cable Television and Communication Systems Franchise Procedure

5.30 Public Places of Amusement

5.35 Fireworks

5.40 Adult Entertainment

5.50 Ambulance Operator Regulations

Chapter 5.05
BUSINESS LICENSES AND REGULATIONS²

Sections:

I. General Provisions

5.05.010 Definitions.

5.05.020 Business license required.

5.05.030 Separate licenses required.

5.05.040 Change in nature or location of business.

5.05.050 Exemptions.

5.05.060 Application for license.

5.05.070 Fee.

5.05.080 Prorating fee.

5.05.090 General qualifications of licensees.

5.05.100 Investigations and inspection.

5.05.110 Term of license.

5.05.120 Posting of license.

5.05.130 Renewal of license.

5.05.140 Penalty for late application.

5.05.150 Duties of the City Manager, or designee.

5.05.160 Additional rules and regulations.

5.05.170 Inspections – Right of entry.

5.05.180 Grounds for suspension or revocation.

5.05.190 Denial, suspension or revocation of license procedures.

5.05.200 Appeal from notice and order.

5.05.210 Appeal by exempted businesses.

5.05.220 Continuation of license upon death of licensee.

5.05.230 Assignment of licenses.

5.05.240 Civil penalty.

5.05.250 Engaging in business without payment of fee.

5.05.260 Violations – Penalty.

5.05.270 Separate offenses.

II. County Provisions Adopted by Reference

5.05.280 Novelty amusement devices.

5.05.290 Shuffleboards.

5.05.300 Repealed.

5.05.310 Pool and billiard tables.

5.05.320 Closing out sales.

5.05.330 Dances.

5.05.340 Repealed.

5.05.350 Go kart tracks.

5.05.360 Junk dealers.

5.05.370 Massage parlors and public bath houses.

5.05.380 Repealed.

5.05.390 Outdoor musical entertainments.

5.05.400 Pawnbrokers.

5.05.410 Secondhand dealers.

5.05.420 Theaters.

5.05.430 Tobacco vending machines.

5.05.440 Charitable solicitations.

I. General Provisions

5.05.010 Definitions.

For purposes of this chapter, the following definitions shall apply:

A. “Business” includes all activities engaged in with the object of gain, benefit, or advantage, directly or indirectly. The term “business” shall specifically include the letting for rent or lease for residential occupancy on a month-to-month basis, or longer term, of any single-family structure, any multi-family structure containing more than one (1) dwelling unit, or spaces within a mobile home park.

B. “Person” means any individual, corporation, company, firm, joint stock company, copartnership, joint venture, trust, business trust, club, association, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise, receiver, administrator, executor, assignee, or trustee in bankruptcy.

C. “Tax year” means the twelve (12) month period commencing April 1st and ending on the following March 31st. (Ord. 00-1042 § 1: Ord. 99-1044 § 1: Ord. 90-1039 § 1)

5.05.020 Business license required.

No person shall conduct, maintain, operate, or engage in any business within the City, during any tax year, without first applying for and obtaining a business license and paying the fee as prescribed herein. (Ord. 90-1039 § 2)

5.05.030 Separate licenses required.

A separate business license shall be obtained for each separate location, within the City, at which the business is conducted. A separate business license shall be obtained for each different and discrete business conducted by any person, whether at the same location, within the City, as another licensed business, or at a different location within the City. (Ord. 90-1039 § 3)

5.05.040 Change in nature or location of business.

Each business license shall authorize a particular type of business at the designated location. Any change in the nature of the business shall necessitate a new application for a business license. A change of location shall be reported to the Director of Finance, in writing, within ten (10) days of the change and, if in compliance with zoning and business regulatory ordinances, the existing business license shall be transferred to the new location. (Ord. 90-1039 § 4)

5.05.050 Exemptions.

Notwithstanding the requirement of SMC 5.05.020, the following shall be exempted from the requirement to apply for and obtain a business license:

A. Casual or isolated sales made by persons who are not engaged in the business of selling the type of property involved, providing that not more than four (4) such sales are made during any tax year.

B. Sales, delivery, or peddling of any fruits, vegetables, berries, eggs, or any farm produce or edibles raised, gathered, produced, or manufactured by any farmer, gardener, or other person; provided, that this exemption shall not apply to any person selling, delivering, or peddling any dairy product, meat, poultry, eel, fish, mollusk, or shellfish.

C. Persons engaged in any business within the City which is licensed and regulated by King County pursuant to Interlocal Agreement, including the following:

1. Persons engaged in the business of operating taxi cabs and for-hire vehicles within the City, which are subject to SeaTac Ordinance No. 90-1014 codified in Chapter 5.15 SMC, and the “For-Hire Interlocal Agreement” between King County and the City.

2. Deleted by Ord. 91-1057.

D. Minors engaged in babysitting or delivery of newspapers.

E. Any person holding a valid King County license authorizing the conduct of business within the City, on the effective date of the ordinance codified in this chapter, shall be exempt from the requirement to pay the fee for and to obtain a City business license, until the termination date of the County license so held, but only so long as the business is in full compliance with all County and City regulations and requirements pertaining to such business.

F. Service oriented clubs and organizations such as Rotary, Kiwanis, Soroptimist, Lions, Jaycees, Boy Scouts, Girl Scouts and Campfire, or school sponsored clubs, such as DECA, FBLA, FFA and Key Club involved in special charitable fund-raising events, provided that in order for this exemption to apply, the club mist be organized in and regularly meet within the corporate limits of the City, or within the corporate limits of a city immediately adjacent thereto. If requests are received for this exemption for clubs or organizations not specifically listed above, the City Manager or designee shall have the discretion to determine whether or not the exemption applies.

G. Community associations and nonprofit organizations organized within the corporate limits of the City and involved in fund-raising events to benefit charitable functions, programs and/or purposes within the City; provided, that in order for this exemption to apply, the charitable fund-raising events must be held within the corporate limits of the City, and shall last for not more than three (3) consecutive days. If all other provisions of this paragraph are met, the exemption shall apply even if private individuals and organizations, and “for-profit” companies and entities are participating as long as the gross revenue produced thereby is donated and applied to the charitable functions, programs and/or purposes. If requests are received for this exemption, and there are questions as to whether the association, club or organization, or the activity, event, charitable purpose or relation to the community meets the requirements for the exemption, the City Manager or designee shall have the discretion to determine whether or not the exemption applies. (Ord. 95-1019 § 1; Ord. 91-1057 § 1: Ord. 90-1039 § 5)

5.05.060 Application for license.

No business license shall be issued except upon application therefor made on forms prescribed by the City Manager, or designee. Each application shall be accompanied by the prescribed license fee. Upon approval of the application, the business license shall be issued by the City and be delivered to the applicant. In event of denial, the fee paid shall be returned to the applicant together with notice that the application has been denied. (Ord. 95-1012 § 1: Ord. 90-1039 § 6)

5.05.070 Fee.

The fee for a license to engage in any business not specifically regulated pursuant to SMC 5.05.280 through 5.05.450 and SMC 5.10.010 through 5.10.090, or any other business license or regulation ordinance, during the tax year 1990 shall be the sum of thirty-five dollars ($35.00). Thereafter, the fee and renewal fee shall be as prescribed by an annual resolution of the City Council establishing fees and charges. The fee for a license to engage in any business specifically regulated by SMC 5.05.280 through 5.05.450 and SMC 5.10.010 through 5.10.090, or any other business license or regulation ordinance, shall be as prescribed therein for the tax year 1990, and thereafter the fee and renewal fee shall be as prescribed by an annual resolution of the City Council establishing fees and charges. (Ord. 91-1057 § 2: Ord. 90-1039 § 7)

5.05.080 Prorating fee.

The license fee shall be for the tax year, and each applicant must pay the full license fee for the current tax year or portion thereof during which the applicant has engaged in business. (Ord. 90-1039 § 8)

5.05.090 General qualifications of licensees.

No license shall be issued to any of the following applicants:

A. Any person who has not attained the age of eighteen (18) years at the time of the application.

B. Any applicant who has been convicted of a crime, or who employs employees or agents who have been convicted of a crime, which relates directly to the specific business for which the license is sought, provided that the time elapsed between the conviction and the date of license application is less than ten (10) years for a felony conviction, less than five (5) years for a gross misdemeanor conviction and less than three (3) years for a misdemeanor conviction.

C. Any applicant who has suffered a civil judgment based upon fraud, misrepresentation, violation of the Washington Consumer Protection Act, or similar State or Federal statutes, or any other judgment or cease and desist order, or consent degree relating to business activities, provided that the time elapsed between the entry of judgment and the date of application is less than five (5) years.

D. Any applicant if reasonable grounds exist to believe that the applicant is dishonest or desires to obtain a business license so as to practice some illegal act or some act injurious to the public health or safety.

E. Any person who, if licensed, is likely to present a danger to the public health, safety, or welfare for any other reason. (Ord. 90-1039 § 9)

5.05.100 Investigations and inspection.

All applications for licenses shall be investigated by the City Manager, or designee, and business premises may likewise be inspected. Investigations and inspections may also be conducted by designated officials of King County pursuant to Interlocal Agreement. (Ord. 95-1012 § 1: Ord. 90-1039 § 10)

5.05.110 Term of license.

All business licenses shall be effective for the tax year of issuance. Licenses issued during a given tax year shall be effective from the date of issue until March 31st of the same tax year. Unless renewed, as provided in this chapter, each such business license shall expire and be of no force or effect on April 1st of the ensuing tax year, unless sooner revoked as provided in this chapter. (Ord. 00-1042 § 2: Ord. 90-1039 § 11)

5.05.120 Posting of license.

It shall be unlawful for any person to engage in business at any location within the City without posting and displaying, prominently and in clear view, the valid business license authorizing such business at such location. (Ord. 90-1039 § 12)

5.05.130 Renewal of license.

All business licenses shall be renewed on or before April 1st of the tax year of issuance, if the business is to be continued. Application for renewal shall be made on forms prescribed by the City Manager, or designee. Each application for renewal shall be accompanied by the license renewal fee for the ensuing tax year as prescribed by an annual resolution of the City Council establishing fees and charges. Applications for renewal shall be processed by the City commencing on March 1st of each tax year for the ensuing tax year. (Ord. 00-1042 § 3: Ord. 95-1012 § 1: Ord. 92-1045 § 1: Ord. 90-1039 § 13)

5.05.140 Penalty for late application.

Any applicant or licensee who shall fail to make application for an original business license, or for renewal of an existing business license, prior to April 30th of the applicable tax year, shall be subject to a penalty, computed as follows, which shall be added to the prescribed fee:

A. Delinquent from one (1) to fifteen (15) days, inclusive: a penalty of five percent (5%) of the prescribed fee or five dollars ($5.00), whichever is greater.

B. Delinquent from sixteen (16) to thirty (30) days, inclusive: a penalty of ten percent (10%) of the prescribed fee or ten dollars ($10.00), whichever is greater.

C. Delinquent from thirty-one (31) to forty-five (45) days, inclusive: a penalty of fifteen percent (15%) of the prescribed fee or fifteen dollars ($15.00), whichever is greater.

D. Delinquent from forty-six (46) to sixty (60) days, inclusive: a penalty of twenty percent (20%) of the prescribed fee or twenty dollars ($20.00), whichever is greater.

E. Delinquent for more than sixty (60) days: a penalty equal to one hundred percent (100%) of the prescribed license fee. (Ord. 00-1042 § 4: Ord. 92-1045 § 2: Ord. 90-1039 § 14)

5.05.150 Duties of the City Manager, or designee.

The City Manager, or designee, is authorized and directed to enforce the terms and provisions of all business license and regulations ordinances. (Ord. 01-1006 § 3: Ord. 95-1012 § 1: Ord. 90-1039 § 15)

5.05.160 Additional rules and regulations.

The City Manager, or designee, is authorized to adopt and enforce rules and regulations, not inconsistent with the provisions of this chapter, and any other business license or regulation ordinance, and it shall be unlawful for any person to violate or fail to comply with any of the said rules and regulations. All such rules and regulations promulgated by the City Manager, or designee, shall be reduced to writing, shall be provided to the licensee with each new or renewal business license, or shall be mailed to each licensee for information of the licensee and the licensee’s employees and agents. Such rules and regulations shall also be available for public inspection at the offices of the Director of Finance and City Clerk. (Ord. 95-1012 § 1: Ord. 90-1039 § 16)

5.05.170 Inspections – Right of entry.

The City Manager, or designee, is authorized to make such inspections of licensed premises and take such action as may be required to enforce the provisions of any business license ordinance. The City Manager may designate any appropriate City employees, and specifically including the Code Enforcement Officer and commissioned police officers, to undertake such inspections. Inspections shall, to the extent possible, be in compliance with the following procedure:

A. An inspector may enter any licensed business location, at any reasonable time, to inspect the same or perform any duty imposed on the City Manager, or designee, by any business license or regulation ordinance.

B. If the place of business is occupied, the inspector shall first present proper credentials and demand entry and right to inspect.

C. If the place of business is unoccupied, the inspector shall first make a reasonable effort to locate the licensee or other person having charge or control of the premises and shall then present proper credentials and demand entry and right to inspect.

D. No licensee, employee or agent, shall fail or neglect, after proper demand, to admit the inspector, acting within the scope of the inspector’s employment, to any location licensed for business, or to interfere with the inspector while in the performance of the inspector’s duty.

E. Nothing herein shall prevent or prohibit undercover investigations or inspections by appropriate officers in appropriate circumstances. (Ord. 95-1012 § 1: Ord. 90-1039 § 17)

5.05.180 Grounds for suspension or revocation.

No business license issued pursuant to this chapter shall be suspended or revoked without cause. Cause for suspension or revocation shall include, but not be limited to, the following:

A. The license was procured by fraud or misrepresentation of fact;

B. The licensee has failed to comply with any of the provisions of this chapter;

C. The licensee, or licensee’s employees or agents, have been convicted of a crime, or suffered civil judgment or consent decree which bears a direct relationship to the conduct of the business licensed pursuant to this chapter;

D. The licensee, or licensee’s employees or agents, have violated any law or ordinance relating to the regulation of the business licensed pursuant to this chapter, or any health or safety ordinance;

E. The licensee has caused or permitted a public nuisance to exist;

F. The licensee, or licensee’s employees or agents, have engaged in, have permitted or have acquiesced in unlawful drug related activity on the business premises;

G. Licensee has failed to pay a civil penalty or to comply with any notice and order of the City Manager, or designee;

H. Licensee’s continued conduct of the business will, for any other reason, result in a danger to the public health, safety or welfare. (Ord. 95-1012 § 1: Ord. 90-1039 § 18)

5.05.190 Denial, suspension or revocation of license procedures.

A. The City Manager, or designee, shall issue a notice and order, directed to the licensee when the Director refuses to issue a license or revokes or suspends the same. The notice and order shall contain:

1. The street address, when available, and a legal description sufficient for identification of the premises upon which the violation occurred or is occurring;

2. A statement that the City Manager, or designee, has found the application submitted by or the conduct of the licensee to be in violation of any business license or regulation ordinance, with a brief and concise description of the facts or conditions found to render such licensee in violation of such business license or regulation ordinance;

3. A description of the administrative action taken;

4. A statement advising that the licensee may appeal from the notice and order or from any action of the City Manager, or designee, to the City Hearing Examiner, provided the appeal is made in writing as provided in this chapter and filed with the City Clerk within ten (10) days from the date of receipt of the notice and order, and that failure to appeal shall constitute a waiver of all right to an administrative hearing and determination of the matter.

B. The notice and order, and any amended or supplemental notice and order, shall be served upon the licensee either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested to such licensee at the address which appears on the business license.

C. Proof of service of the notice and order shall be made at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date, and manner in which service was made, or by affidavit of mailing to which shall be attached the postal return receipt or original mailing if returned unclaimed. (Ord. 01-1006 § 3: Ord. 95-1012 § 1: Ord. 90-1039 § 19)

5.05.200 Appeal from notice and order.

A. The City Hearing Examiner is designated to hear appeals by applicants or licensees aggrieved by actions of the City Manager, or designee, pertaining to any denial, suspension, or revocation of business licenses. The Hearing Examiner may adopt reasonable rules and regulations for conducting such appeals. Copies of all rules and regulations so adopted shall be filed with the Director of Finance and with the City Clerk, who shall make them freely accessible to the public.

B. Any licensee may, within ten (10) days after receipt of a notice of a notice and order, file with the City Clerk a written notice of appeal containing the following:

1. A heading with the words: “Before the Hearing Examiner of the City of SeaTac”;

2. A caption reading: “Appeal of ________” giving the names of all appellants participating in the appeal;

3. A brief statement setting forth the legal interest of each of the appellants in the business involved in the denial or notice and order;

4. A brief statement, in concise language, of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant or appellants;

5. A brief statement, in concise language, of the relief sought, and the reasons why it is claimed the protested action or notice and order should be reversed, modified, or otherwise set aside;

6. The signatures of all persons named as appellants, and their official mailing addresses;

7. The verification (by declaration under penalty of perjury) of each appellant as to the truth of the matters stated in the appeal.

C. As soon as practicable after receiving the written appeal, the City Clerk shall fix a date, time, and place for the hearing of the appeal by the Hearing Examiner. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing by the City Clerk, by mailing a copy thereof, postage prepaid, by certified mail with return receipt requested, addressed to each appellant at his or her address shown on the notice of appeal.

D. At the hearing, the appellant or appellants shall be entitled to appear in person, and to be represented by counsel and to offer such evidence as may be pertinent and material to the denial or to the notice and order. The technical rules of evidence need not be followed.

E. Only those matters or issues specifically raised by the appellant or appellants in the written notice of appeal shall be considered in the hearing of the appeal.

F. Within ten (10) business days following conclusion of the hearing, the Hearing Examiner shall make written findings of fact and conclusions of law, supported by the record, and a decision which may affirm, modify, or overrule the order of the City Manager, or designee, and may further impose terms as conditions to issuance or continuation of a business license.

G. Failure of any applicant or licensee to file an appeal in accordance with the provisions of this chapter shall constitute a waiver of the right to an administrative hearing and adjudication of the denial or of the notice and order.

H. Any party aggrieved by the decision of the Hearing Examiner may appeal that decision to the City Council by filing a written notice of appeal, within ten (10) days after receipt of the decision of the Hearing Examiner, with the City Clerk. The City Clerk shall transmit a complete copy of the Hearing Examiner’s record, findings and conclusions, and decision, and all exhibits, to the City Council and shall cause the appeal to be placed upon the agenda of the City Council within thirty (30) days after receipt of the notice of appeal. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing by the City Clerk, by mailing a copy thereof, postage prepaid, by certified mail with return receipt requested, addressed to each appellant at his or her address shown on the notice of appeal.

I. Enforcement of any civil penalty, or suspension or revocation of any business license, or other order of by the City Manager, or designee, shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. (Ord. 01-1006 § 3: Ord. 95-1012 § 1: Ord. 90-1039 § 20)

5.05.210 Appeal by exempted businesses.

Notwithstanding any other provisions of Section 5.05.160, however, those businesses exempt from the requirement to obtain a City business license, but not exempt from the requirement to obtain a King County business license, pursuant to SMC 5.05.050(C) shall not be entitled to the appeal procedure herein but shall appeal any decision pertaining to denial, suspension or revocation, whether by the City or by King County, pursuant to requirements of Chapter 6.01 of the King County Code, which is hereby adopted by this reference, as presently enacted or as may subsequently be amended. (Ord. 90-1039 § 21)

5.05.220 Continuation of license upon death of licensee.

In event of the death of any licensee, his or her duly appointed executor or administrator may continue to conduct business under the license issued to the decedent for the unexpired term thereof, upon filing proof of such appointment with the Director of Finance. (Ord. 90-1039 § 22)

5.05.230 Assignment of licenses.

Every business license shall be personal to the licensee and shall not be assignable or transferable to any person. (Ord. 90-1039 § 23)

5.05.240 Civil penalty.

In addition to or as an alternative to any other penalty provided herein or by any other business license or regulation ordinance, any licensee who violates any provision of any business license or regulation ordinance shall be subject to a civil penalty as provided for in Chapter 1.15 SMC. All civil penalties assessed shall be enforced and collected by the City by legal action brought for that purpose. This remedy is cumulative and not exclusive. (Ord. 01-1006 § 3: Ord. 95-1012 § 1: Ord. 90-1039 § 24)

5.05.250 Engaging in business without payment of fee.

If any person engaged in business fails or refuses to pay the prescribed license fee for any tax year, such person shall not be granted a business license for the current tax year until all such delinquent license fees and penalties have been paid, in addition to the prescribed fee for the current tax year. Such fees may be collected by the City by legal action brought for that purpose if any person engaged in business fails or refuses to pay the license fees and penalties. This remedy is cumulative and not exclusive. (Ord. 90-1039 § 25)

5.05.260 Violations – Penalty.

Any person violating or failing to comply with any provision of this title or any other business license or regulation ordinance shall be subject to code enforcement pursuant to Chapter 1.15 SMC. (Ord. 01-1006 § 3: Ord. 91-1057 § 3: Ord. 90-1039 § 26)

5.05.270 Separate offenses.

Each day that any person engages in any business without having a valid business license or is otherwise in violation of this title or any other business license or regulation ordinance shall constitute a separate offense and may be punished or subjected to civil penalty as such. (Ord. 91-1057 § 4: Ord. 90-1039 § 27)

II. County Provisions Adopted
by Reference

5.05.280 Novelty amusement devices.

The following listed sections of Chapter 6.04 King County Code as now in effect, and as may be subsequently amended, are hereby adopted by reference, except that, unless the context indicates otherwise, the words “County” or “King County”, and references to occurrences within the geographic boundaries of “King County outside the limits of incorporated cities and towns” shall refer to the City and its geographic boundaries, the word “director” shall refer to the City Manager, or designee, and that the penalties for late payment of license fees shall be as prescribed at SMC 5.05.140.

6.04.010 Definitions.

6.04.020 License required – Operation near schools prohibited.

6.04.030 Operation without licenses prohibited.

6.04.040 License fee, except that the fee, commencing in 1991, shall be established by resolution of the City Council and the fee shall be payable on April 1 of each year.

6.04.060 Novelty amusement device vendor’s license.

6.04.070 Application procedure.

6.04.090 Financial interest prohibited.

6.04.100 Denial of licenses.

6.04.110 Suspension or revocation of licenses.

(Ord. 00-1042 § 5: Ord. 95-1012 § 1: Ord. 90-1039 § 28)

5.05.290 Shuffleboards.

The following listed sections of Chapter 6.04 King County Code as now in effect, and as may be subsequently amended, are hereby adopted by reference, except that, unless the context indicates otherwise, the words “County” or “King County”, and references to occurrences within the geographic boundaries of “King County outside the limits of incorporated cities and towns” shall refer to the City and its geographic boundaries, the word “director” and the words “Division of Business Licenses” shall refer to the City Manager, or designee, and that the penalties for late payment of license fees shall be as prescribed at SMC 5.05.140.

6.04.170 Shuffleboard defined.

6.04.180 License required – Fee, except that the fee, commencing in 1991, shall be established by resolution of the City Council.

6.04.190 Display, removal and transfer of license.

6.04.200 Information required on application for license – Qualifications required of applicant.

(Ord. 95-1012 § 1: Ord. 90-1039 § 29)

5.05.300 Amusement places.

Repealed by 91-1023. (Ord. 90-1067 § 1: Ord. 90-1039 § 30)

5.05.310 Pool and billiard tables.

The following listed sections of Chapter 6.12 King County Code as now in effect, and as may be subsequently amended, are hereby adopted by reference, except that, unless the context indicates otherwise, the words “County” or “King County”, and references to occurrences within the geographic boundaries of “King County outside the limits of incorporated cities and towns” shall refer to the City and its geographic boundaries, the word “director” (for the purposes of this section) shall refer to the City’s Director of Finance, and that the penalties for late payment of license fees shall be as prescribed at SMC 5.05.140.

6.12.010 License required – Nontransferable.

6.12.020 Definitions.

6.12.030 Coin operated.

6.12.040 Identification numbers.

6.12.050 License requirements.

6.12.060 License fee, except that the fee, commencing in 1991, shall be established by resolution of the City Council.

(Ord. 95-1012 § 1: Ord. 90-1067 § 2: Ord. 90-1039 § 31)

5.05.320 Closing out sales.

The following listed sections of Chapter 6.16 King County Code as now in effect, and as may be subsequently amended, are hereby adopted by reference, except that, unless the context indicates otherwise, the words “County” or “King County”, and references to occurrences within the geographic boundaries of “King County outside the limits of incorporated cities and towns” shall refer to the City and its geographic boundaries, the word

“director” shall refer to the City Manager, or designee, and that the penalties for late payment of license fees shall be as prescribed at SMC 5.05.140.

6.16.010 Definitions generally.

6.16.020 Sale defined.

6.16.030 Advertising, etc., defined.

6.16.040 Inspector, investigator defined.

6.16.050 Goods defined.

6.16.060 License required.

6.16.070 Conditions for issuance.

6.16.080 Application for license.

6.16.090 Issuance.

6.16.100 License fee – Bond, except that the fee, commencing in 1991, shall be established by resolution of the City Council.

6.16.110 License conditions.

6.16.120 License renewal, except that the fee, commencing in 1991, shall be established by resolution of the City Council.

6.16.140 General rules and regulations.

6.16.150 Commingling of goods.

6.16.160 Removal of goods – Loss of identity.

6.16.170 Inspection of premises.

6.16.180 Records.

6.16.190 Duties of licensee.

6.16.200 Persons exempted.

(Ord. 95-1012 § 1: Ord. 90-1067 § 3: Ord. 90-1039 § 32)

5.05.330 Dances.

The following listed sections of Chapter 6.20 King County Code as now in effect, and as may be subsequently amended, are hereby adopted by reference, except that, unless the context indicates otherwise, the words “County” or “King County”, and references to occurrences within the geographic boundaries of “King County outside the limits of incorporated cities and towns” shall refer to the City and its geographic boundaries, the word “director” shall refer to the City Manager, or designee, and that the penalties for late payment of license fees shall be as prescribed at SMC 5.05.140.

6.20.002 Findings of fact.

6.20.004 General provisions – Applicability.

6.20.010 Definitions.

6.20.020 Dance or dance hall license or permit required – Exceptions.

6.20.030 Dance hall license – Application.

6.20.040 Dance permit – Application.

6.20.050 Dance hall license – Investigation.

6.20.060 Dance or dance hall – Prerequisites to license or permit issuance.

6.20.070 Hours of operation.

6.20.072 Public youth dance – Hours of operation – Age restrictions – Penalty.

6.20.074 Public youth dance – Readmission fee.

6.20.080 Fees, except that the fee, commencing in 1991, shall be established by resolution of the City Council.

6.20.090 Denial of license or permit.

6.20.110 Transferability of license or permit.

(Ord. 95-1012 § 1: Ord. 90-1067 § 4: Ord. 90-1039 § 33)

5.05.340 Fireworks.

Repealed by Ord. 93-1020. (Ord. 92-1027 § 1: Ord. 92-1022 § 1: Ord. 90-1067 § 5: Ord. 90-1039 § 34)

5.05.350 Go kart tracks.

The following listed sections of Chapter 6.28 King County Code as now in effect, and as may be subsequently amended, are hereby adopted by reference, except that, unless the context indicates otherwise, the words “County” or “King County”, and references to occurrences within the geographic boundaries of “King County outside the limits of incorporated cities and towns” shall refer to the City and its geographic boundaries, the word “director” shall refer to the City Manager, or designee, and that the penalties for late payment of license fees shall be as prescribed at SMC 5.05.140.

6.28.010 Definitions.

6.28.020 License required – Fee, except that the fee, commencing in 1991, shall be established by resolution of the City Council.

6.28.040 Compliance with zoning code.

6.28.050 Liability insurance.

6.28.060 Safety standards and specifications.

6.28.070 Reporting accidents and keeping records.

6.28.080 Telephone facilities.

6.28.090 First-aid kit.

6.28.100 Maintenance and inspections.

6.28.110 Safety helmets.

(Ord. 95-1012 § 1: Ord. 90-1067 § 6: Ord. 90-1039 § 35)

5.05.360 Junk dealers.

The following listed sections of Chapter 6.36 King County Code as now in effect, and as may be subsequently amended, are hereby adopted by reference, except that, unless the context indicates otherwise, the words “County” or “King County”, and references to occurrences within the geographic boundaries of “King County outside the limits of incorporated cities and towns” shall refer to the City and its geographic boundaries, the word “director” (for the purposes of this section) shall refer to the City’s Director of Finance, and that the penalties for late payment of license fees shall be as prescribed at SMC 5.05.140.

6.36.010 License required.

6.36.020 Definitions.

6.36.030 License fee, except that the fee, commencing in 1991, shall be established by resolution of the City Council, fees shall be payable on April 1 of each year, and proration of fees is provided for in SMC 5.05.080.

6.36.040 Application for license.

6.36.060 Personal property tax return.

6.36.070 Vehicle markings.

6.36.080 Records required.

6.36.090 Compliance required.

6.36.100 Records and articles to be available for inspection.

6.36.110 Seller to give true name.

6.36.120 Certain transactions prohibited.

6.36.130 No sale within ten days.

6.36.140 Police officers to be admitted.

(Ord. 00-1042 § 6: Ord. 90-1067 § 7: Ord. 90-1039 § 36)

5.05.370 Massage parlors and public bath houses.

The following listed sections of Chapter 6.40 King County Code as now in effect, and as may be subsequently amended, are hereby adopted by reference, except that, unless the context indicates otherwise, the words “County” or “King County”, and references to occurrences within the geographic boundaries of “King County outside the limits of incorporated cities and towns” shall refer to the City and its geographic boundaries, the word “director” shall refer to the City Manager, or designee, the words “King County fire marshal” shall refer to the City’s Fire Chief, and that the penalties for late payment of license fees shall be as prescribed at SMC 5.05.140.

6.40.010 Definitions.

6.40.030 License required.

6.40.040 License application and issuance.

6.40.050 Standards for denial of license.

6.40.060 Expiration of license – Due date for license fees, except that licenses expire on March 31 of each year.

6.40.070 License fees, except that the fee, commencing in 1991, shall be established by resolution of the City Council, and late penalties shall be as prescribed at SMC 5.05.140.

6.40.080 Requirements for licensing/operation.

6.40.090 Transfer of licenses and change of location.

6.40.100 Safety and sanitation.

6.40.110 Standards of conduct.

6.40.120 Standards for suspension or revocation of license.

6.40.130 Violation – Penalties.

(Ord. 00-1042 § 7: Ord. 95-1012 § 1: Ord. 90-1067 § 8: Ord. 90-1039 § 37)

5.05.380 Music machines.

Repealed by Ord. 00-1042. (Ord. 95-1012 § 1: Ord. 90-1067 § 9: Ord. 90-1039 § 38)

5.05.390 Outdoor musical entertainments.

The following listed sections of Chapter 6.52 King County Code as now in effect, and as may be subsequently amended, are hereby adopted by reference, except that, unless the context indicates otherwise, the words “County” or “King County”, and references to occurrences within the geographic boundaries of “King County outside the limits of incorporated cities and towns” shall refer to the City and its geographic boundaries, the word “director” shall refer to the City Manager, or designee, and that the penalties for late payment of license fees shall be as prescribed at SMC 5.05.140.

6.52.010 Permit required.

6.52.020 Application for permit.

6.52.030 Permit fee, except that the fee, commencing in 1991, shall be established by resolution of the City Council.

6.52.040 Submission of plans for approval – Approving agencies.

6.52.050 Conditions for permit issuance, except that fire prevention standards shall be pursuant to Ordinance 90-1022.³

6.52.060 Hours of operation.

6.52.080 Violation – Misdemeanor.

6.52.090 Failure to comply.

(Ord. 95-1012 § 1: Ord. 90-1067 § 10: Ord. 90-1039 § 39)

5.05.400 Pawnbrokers.

The following listed sections of Chapter 6.56 King County Code as now in effect, and as may be subsequently amended, are adopted by reference, except that, unless the context indicates otherwise, the words “County” or “King County”, and references to occurrences within the geographic boundaries of “King County outside the limits of incorporated cities and towns” shall refer to the City and its geographic boundaries, the word “director” shall refer to the City Manager, or designee, and that the penalties for late payment of license fees shall be as prescribed at SMC 5.05.140.

6.56.010 License required.

6.56.020 Pawnbroker and pawnshop defined.

6.56.030 License fee, except that the fee, commencing in 1991, shall be established by resolution of the City Council; fees shall be payable on March 31 preceding the year for which the license is issued, and proration of fees is provided for in SMC 5.05.080.

6.56.040 Application for license.

6.56.050 Personal property tax return.

6.56.080 Records required.

6.56.090 Compliance required.

6.56.100 Transcript to be furnished.

6.56.110 Records and articles to be available for inspection.

6.56.120 Seller or consignee to give true name and address.

6.56.130 Authorized rate of interest – Penalty for violation.

6.56.140 Prima facie evidence of violation.

6.56.150 Period of redemption.

6.56.160 Certain transaction prohibited.

6.56.170 Pawnshop to be closed during certain hours.

It is provided, however, that no pawnbroker’s license shall be issued which would increase the number of holders of such licenses to more than one (1) for every fifteen thousand (15,000) of population or fractional part thereof, according to the last preceding Federal census, provided that this population limitation shall not operate to prohibit the licensing of any pawnbroker duly licensed prior to the enactment of this chapter, if such pawnbroker is otherwise duly qualified. (Ord. 00-1042 § 9: Ord. 95-1012 § 1: Ord. 92-1032 § 1: Ord. 90-1067 § 11: Ord. 90-1039 § 40)

5.05.410 Secondhand dealers.

The following listed sections of Chapter 6.60 King County Code as now in effect, and as may be subsequently amended, are hereby adopted by reference, except that, unless the context indicates otherwise, the words “County” or “King County”, and references to occurrences within the geographic boundaries of “King County outside the limits of incorporated cities and towns” shall refer to the City and its geographic boundaries, the word “director” shall refer to the City Manager, or designee, and that the penalties for late payment of license fees shall be as prescribed at SMC 5.05.140.

6.60.010 License required.

6.60.020 Secondhand dealer and secondhand goods defined.

6.60.030 License fee, except that the fee, commencing in 1991, shall be established by resolution of the City Council; fees shall be payable on March 31 preceding the year for which the license is issued, and proration of fees is provided for in SMC 5.05.080.

6.60.040 Application for a license.

6.60.050 Renewal of license, registration or permit – Late penalty.

6.60.060 Personal property tax return.

6.60.070 More than one shop – Change of location.

6.60.080 Records required.

6.60.090 Compliance required.

6.60.100 Transcript to be furnished.

6.60.110 Records and articles to be available for inspection.

6.60.120 Seller to give true name and address.

6.20.130 No sale within ten days.

6.60.140 Certain transactions prohibited.

(Ord. 00-1042 § 10: Ord. 95-1012 § 1: Ord. 90-1067 § 12: Ord. 90-1039 § 41)

5.05.420 Theaters.

The following listed sections of Chapter 6.68 King County Code as now in effect, and as may be subsequently amended, are hereby adopted by reference, except that, unless the context indicates otherwise, the words “County” or “King County”, and references to occurrences within the geographic boundaries of “King County outside the limits of incorporated cities and towns” shall refer to the City and its geographic boundaries, the word “director” shall refer to the City Manager, or designee, and that the penalties for late payment of license fees shall be as prescribed at SMC 5.05.140.

6.68.010 License required.

6.68.020 License fee – Term, except that the fee, commencing in 1991, shall be established by resolution of the City Council, and the term shall commence April 1 and end March 31 of each year.

6.68.030 Transferring of license.

6.68.050 Application for license.

(Ord. 00-1042 § 11: Ord. 95-1012 § 1: Ord. 90-1067 § 13: Ord. 90-1039 § 42)

5.05.430 Tobacco vending machines.

The following listed sections of Chapter 6.72 King County Code as now in effect, and as may be subsequently amended, are hereby adopted by reference, except that, unless the context indicates otherwise, the words “County” or “King County”, and references to occurrences within the geographic boundaries of “King County outside the limits of incorporated cities and towns” shall refer to the City and its geographic boundaries, the word “director” shall refer to the City Manager, or designee, and that the penalties for late payment of license fees shall be as prescribed at SMC 5.05.140.

6.72.010 Definitions – Legislative intent.

6.72.020 Operator’s license required, except that the fee, commencing in 1991, shall be established by resolution of the City Council – Definitions.

6.72.030 Application for operator’s license – Prohibition.

6.72.040 Machine license required, except that the fee, commencing in 1991, shall be established by resolution of the City Council – Identification required.

6.72.050 Machine identification – Application for license – License required.

6.72.060 Establishment of ownership – Sanctions.

6.72.070 Vendor’s license, except that the fee, commencing in 1991, shall be established by resolution of the City Council – License application and issuance.

6.72.080 Expiration date, except that the term shall commence on April 1 and shall end each March 31 of each year – Fee.

6.72.090 Non-transferability.

6.72.100 General regulations – Health warnings required.

6.72.110 Minors – Penalty for minors.

(Ord. 00-1042 § 12: Ord. 95-1012 § 1: Ord. 90-1067 § 14: Ord. 90-1039 § 43)

5.05.440 Charitable solicitations.

The following listed sections of Chapter 6.76 King County Code as now in effect, and as may be subsequently amended, are hereby adopted by reference, except that, unless the context indicates otherwise, the words “County” or “King County”, and references to occurrences within the geographic boundaries of “King County outside the limits of incorporated cities and towns” shall refer to the City and its geographic boundaries, the words “director” and “Division of the Comptroller” shall refer to the City Manager, or designee, and that the penalties for late payment of license fees shall be as prescribed at Section 5.05.140.

6.76.010 Definitions.

6.76.020 Soliciting for private needs prohibited.

6.76.030 Permit – Required – Exemptions.

6.76.040 Permit – Application – Contents.

6.76.050 Permit – Application – Investigation.

6.76.060 Permit – Application – State registration in lieu of.

6.76.070 Permit – Issuance.

6.76.080 Permit fees, except the fee, commencing in 1991, shall be established by resolution of the City Council.

6.76.090 Permit – Term.

6.76.100 Credentials.

6.76.110 Permit – Expiration – Return.

6.76.120 Written receipts required.

6.76.140 Permit – Suspension or revocation – Notice to Director of Public Safety.

6.76.150 Books and records of permit holders.

6.76.160 Financial reports.

6.76.170 Religious solicitations – Certificate of registration – Required.

6.76.180 Religious solicitations – Certificate of registration – Regulations.

6.76.190 Fraudulent misrepresentation and misstatements prohibited.

(Ord. 95-1012 § 1: Ord. 90-1067 § 15: Ord. 90-1039 § 44)

Chapter 5.10
SOLICITORS AND CANVASSERS

Sections:

5.10.010 Regulation of solicitors and canvassers.

5.10.020 Solicitor or canvasser defined.

5.10.030 License fee, term and limitations.

5.10.040 Contents of license application.

5.10.050 Bond required.

5.10.060 Alternate form of employer’s bond.

5.10.070 Orders taken by solicitors or canvassers.

5.10.080 Carrying license required.

5.10.090 Exemptions.

5.10.010 Regulation of solicitors and canvassers.

The City Council finds that the public health, safety and welfare requires that the citizens of the City be provided with information relating to persons and organizations who solicit and canvass within the City, that such activities be regulated, and that the citizens of the City be protected from deceptive and dishonest practices. (Ord. 90-1039 § 45)

5.10.020 Solicitor or canvasser defined.

A “solicitor” or “canvasser” is defined as any person any person, either as a principal or agent, who goes from place to place within the City, and who:

A. Sells, takes orders for, or offers to sell, any goods, wares or merchandise whether or not collecting in advance for such goods, wares or merchandise; and/or

B. Sells, takes orders for, or offers to sell services, whether or not collecting in advance for such services; and/or

C. Seek contributions or donations to private causes, as opposed to tax-exempt charities; or

D. Seeks opinions, preferences or other information for commercial purposes. (Ord. 90-1039 § 46)

5.10.030 License fee, term and limitations.

A. Any person seeking to engage in business as a solicitor or canvasser shall file a written application for such license with the Director of Finance on a form provided by the City Manager, or designee.

B. The solicitor or canvasser license shall be issued for the tax year and may be renewed as provided at SMC 5.05.130.

C. The fee for a solicitor or canvasser license, during the tax year 1990, shall be the sum of thirty-five dollars ($35.00). Thereafter, the fee and renewal fee shall be as prescribed by an annual resolution of the City Council establishing fees and charges.

D. A solicitor or canvasser license shall limit the number of solicitors or canvassers who are permitted to solicit or canvass for any one activity or entity during any thirty (30) day period of time to not more than ten (10) named individuals. (Ord. 95-1012 § 1: Ord. 90-1039 § 47)

5.10.040 Contents of license application.

The application for a solicitor or canvasser license shall require the following information:

A. Name, description and date of birth of the applicant;

B. Permanent home address and local address of the applicant;

C. A brief description of the nature of the business and of the goods to be sold or services to be offered;

D. If employed by another, the address and name of the employer and a statement of the exact relationship between the applicant and the employer;

E. The length of time for which the right to do business is required;

F. The place of manufacture or production of goods to be offered for sale, the present location of such goods and the proposed method of delivery;

G. The fingerprints of the applicant;

H. The names of two (2) reliable persons, residing in the State, as references to the good character and business responsibility of the applicant or, in lieu of such references, the

means of obtaining evidence as to the applicant’s character and business responsibility;

I. A statement as to any convictions of crimes or violations of municipal ordinances during the past five (5) years, to include the date, the nature of the offense and the penalty assessed therefore;

J. A statement that a license, if granted, will not be used or represented as an endorsement by the City for solicitations thereunder.

K. The applicant shall be sworn to or certified under penalty of perjury by each applicant. (Ord. 90-1039 § 48)

5.10.050 Bond required.

Every applicant shall file with the Director of Finance before a license shall be issued, a bond in the amount of one thousand dollars ($1,000.00) executed by the applicant as principal and a surety company authorized to do business in the State, running in favor of the City, conditioned that any person who may suffer any loss or damage by reason of any malfeasance, misfeasance, or deceptive practice in the conduct of such solicitation or canvass shall have the right to institute an action for recovery against the licensee and the surety upon such bond. The bond shall further require that the principal shall fully comply with all provisions of State law and City ordinances regulating the business of solicitors or canvassers, or business in general, and that all moneys paid as a down payment or donated will be accounted for and applied according to the representation of the solicitor or canvasser and further that the property ordered or sold will be delivered or the services will be performed according to the undertaking of the solicitor or canvasser. Any person injured by the licensee’s/principal’s failure to account for moneys received, deliver the goods ordered or sold, or perform the services promised, shall have in his or her own name, a right of action on such bond against both the principal and surety. (Ord. 90-1039 § 49)

5.10.060 Alternate form of employer’s bond.

In the place of the bond required at Section 5.10.050, any person employing solicitors or canvassers shall file with the Director of Finance before a license shall issue to any of such person’s employees, a bond in the amount of five thousand dollars ($5,000.00) executed by the employer as principal and a surety company authorized to do business in the State as a surety, running in favor of the City, conditioned that any person who may suffer any loss or damage by reason of any malfeasance, misfeasance, or deceptive practice in the conduct of such solicitation or canvass shall have the right to institute an action for recovery against the licensee and the surety upon such bond. Such bond shall further require that the employer and all employees and agents of the employer, shall fully comply with all provisions of State law and City ordinances regulating the business of solicitors or canvassers, or business in general, and that all moneys paid as a down payment or donated will be accounted for and applied according to the representation of the solicitor or canvasser and further that the property ordered or sold will be delivered or the services will be performed according to the undertaking of the solicitor or canvasser. Any person injured by the licensee’s/principal’s failure to account for moneys received, deliver the goods ordered or sold, or perform the services promised, shall have in his or her own name, a right of action on such bond against both the principal and surety. (Ord. 90-1039 § 50)

5.10.070 Orders taken by solicitors or canvassers.

All orders or donations taken by licensed solicitors or canvassers shall be written in duplicate, with one (1) copy to be given to the purchaser or contributor. The order or donation shall contain the name and address of the solicitor or canvasser, and in the case of an order, its complete terms, the amount of any prepayment, and a statement of the purchaser’s right of rescission pursuant to State law. (Ord. 90-1039 § 51)

5.10.080 Carrying license required.

The solicitor’s or canvasser’s license shall be carried at all time when soliciting or canvassing in the City and shall be exhibited by such solicitor or canvasser whenever requested to do so by a police officer, any City official, or any persons solicited or canvassed. (Ord. 90-1039 § 52)

5.10.090 Exemptions.

The licensing and bonding requirements applicable to solicitors and canvassers shall not apply to:

A. Newspaper carriers, whether subscriptions are taken or not;

B. Any person selling or delivering, door-to-door or on an established route, milk or milk products, bakery goods, or laundry and dry cleaning services;

C. All persons licensed for charitable solicitations pursuant to Section 5.05.440, provided that the solicitation is managed and conducted solely by officers and members of charitable organizations who are unpaid for such services;

D. All persons under the age of eighteen (18) unless employed by another person or organization;

E. Bona fide candidates, campaign workers and political committees campaigning on behalf of candidates or on ballot issues and persons soliciting signatures of registered voters on petitions to be submitted to any governmental agency. (Ord. 90-1039 § 53)

Chapter 5.15
FOR-HIRE REGULATIONS

Sections:

5.15.010 Appointment of licensing and enforcement authority.

5.15.020 Licensing and regulation of taxicab and for-hire vehicles.

5.15.900 Violation – Penalty.

5.15.010 Appointment of licensing and enforcement authority.

Pursuant to Interlocal Agreement, the Director of the King County Department of Executive Administration, and his or her authorized representatives, are hereby delegated the power to determine eligibility for licenses and the power to deny, suspend, or revoke licenses, pursuant to terms of this chapter. A copy of the said Interlocal Agreement shall be available in the office of the City Clerk for use and examination by the public. (Ord. 90-1014 § 1)

5.15.020 Licensing and regulation of taxicab and for-hire vehicles.

The following sections of Chapter 6.64 King County Code as now in effect, and as may be subsequently amended, are hereby adopted by reference, except that, unless the context indicates otherwise, the word “County” and the words “King County” shall refer to the City and references to violations of the County code or County ordinances shall be deemed to be references to violations of City ordinances:

6.64.005 Purpose.

6.64.007 Scope of Authority.

6.64.010 Definitions.

6.64.015 Interlocal Agreement.

6.64.025 Fees.

6.64.200 Service organization registration.

6.64.210 Color scheme.

6.64.220 Independent color scheme.

6.64.300 Taxicab and for-hire license required.

6.64.310 Application.

6.64.320 Required documents.

6.64.330 Applicant requirements.

6.64.340 Vehicle requirements.

6.64.350 Insurance required.

6.64.360 Certificate of safety.

6.64.370 Vehicle standards.

6.64.380 Taxicab and for-hire vehicle license expiration.

6.64.390 Taxicab and for-hire vehicle license plate.

6.64.400 Taximeter.

6.64.420 Taxicab and for-hire owner – Responsibilities.

6.64.430 Standards for denial – Taxicab for hire vehicle owner.

6.64.440 Standards for suspension/revocation – Taxicab or for-hire vehicle owner.

6.64.450 Destruction, replacement, retirement of a taxicab.

6.64.460 Surrender of vehicle license.

6.64.500 For-hire driver’s license required.

6.64.510 Application.

6.64.520 Investigation.

6.64.530 Qualifications.

6.64.540 Temporary permit.

6.64.550 Application null and void.

6.64.560 Medical certification.

6.64.570 Training program.

6.64.580 Written examination.

6.64.590 Driving record.

6.64.600 Standards for denial of a license – For-hire driver.

6.64.610 Standards for suspension/revocation – For-hire driver.

6.64.620 License issuance.

6.64.630 License expiration – For-hire driver.

6.64.640 For-hire drive operating standards.

6.64.650 Vehicle safety standards.

6.64.660 Conduct standards.

6.64.670 Taxicab meter/rates standards.

6.64.680 Driver-passenger relations standards.

6.64.690 Soliciting and cruising standards.

6.64.695 Taxi zone standards.

6.64.700 Taxicab – Maximum number.

6.64.710 Transfer of permit.

6.64.720 Industry reporting.

6.64.730 Response times.

6.64.740 Annual report.

6.64.750 Determination of fare and number of licenses.

6.64.760 Rates.

6.64.770 Rate study.

(Ord. 93-1013 § 1: Ord. 90-1014 § 2)

5.15.900 Violation – Penalty.

Any person who violates or fails to comply with any requirement of this chapter, shall be guilty of a violation of a City ordinance and shall be subject to punishment by fine of not more than five thousand dollars ($5,000.00) or imprisonment for a term not in excess of one (1) year, or both. (Ord. 90-1014 § 3)

Chapter 5.20
PRIVATE DETECTIVES AND
PRIVATE SECURITY GUARDS⁴

Sections:

5.20.010 Regulation of private detective agencies, private detectives and armed private detectives.

5.20.020 Regulation of private security companies, private security guards and armed private security guards.

5.20.010 Regulation of private detective agencies, private detectives and armed private detectives.

No person shall operate a private detective agency within the City, or perform functions and duties as a private detective within the City, without first applying for and obtaining a business license and paying the fee therefor, as prescribed in this title, and, in addition, without being licensed pursuant to State law. (Ord. 92-1036 § 1: Ord. 91-1057 § 5)

5.20.020 Regulation of private security companies, private security guards and armed private security guards.

No person shall operate a private security company within the City, or perform functions and duties as a private security guard and armed private security guard within the City, without first applying for and obtaining a business license and paying the fee therefor, as prescribed in this title, and, in addition, without being licensed pursuant to State law. (Ord. 92-1036 § 2: Ord. 91-1057 § 6)

Chapter 5.25
CABLE TELEVISION AND COMMUNICATION SYSTEMS FRANCHISE PROCEDURE

Sections:

5.25.010 Findings.

5.25.020 Definitions.

5.25.030 Processing of franchise applications.

5.25.040 Grant of franchise.

5.25.050 Franchise renewal.

5.25.060 Franchise fee.

5.25.070 Regulation of franchise.

5.25.080 Public usage of the system.

5.25.090 PEG access facility management.

5.25.100 General financial and insurance provisions.

5.25.110 Design and construction provisions.

5.25.120 Service provisions.

5.25.130 Continuity of service.

5.25.140 Rights of the City.

5.25.150 Rights reserved to the grantee.

5.25.160 Remedies.

5.25.170 Reports.

5.25.180 Termination of franchise by receivership or bankruptcy.

5.25.190 Procedures in the event of termination or expiration.

5.25.200 Implementation of cable communications policy.

5.25.210 Equal employment opportunity requirements.

5.25.220 Non-recourse.

5.25.010 Findings.

The City Council finds that the development of cable television and communications systems has the potential of greatly benefiting and impacting the residents of the City. The Council further finds that because of the complex and rapidly changing technology associated with cable systems, the public’s convenience, safety, and general welfare can best be served by establishing powers which should be vested in the City as provided in Federal and State law, or such persons as the City shall designate. It is the intent of this chapter to specify and provide the means to attain the public interest and purpose in these matters, to promote competition and minimize unnecessary regulation that would impose an undue economic burden on the system, and to assure the provision of the widest possible diversity of information over cable systems consistent with the public good. Any franchise issued pursuant to this chapter shall be deemed to include these findings as an integral part thereof. (Ord. 90-1028 § 1)

5.25.020 Definitions.

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

A. “Basic cable service” means the lowest level of service available to all subscribers exclusive of optional services, which includes the retransmissions of local television broadcast signals.

B. “Cable Act” or the “Act” means the Cable Communications Policy Act of 1984, as amended, 47 U.S.C., Section 521, et seq.

C. “Cable communication systems”, “cable system” or “CATV system” means a facility using a public right-of-way, consisting of a set of closed transmission paths and associated signal-generation, reception, and control equipment, that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community.

D. “Cable services” means services, present or future, which are provided by the grantee’s cable communication system to its subscribers located in the franchise area, which are transmitted and distributed by means of cable located at least partially in or over the public rights-of-way of the City, and for which a fee is charged to the subscribers. The terms shall include, but not be limited to:

1. The one-way transmission to subscribers of video programming or other programming service,

2. Subscriber interaction, if any, which is required for the selection of such video programming or other programming service.

E. “City” means the City of SeaTac or any official thereof acting within the scope of official authority.

F. “Council” means the SeaTac City Council.

G. “Franchise” or “franchise agreement” means the initial authorization or renewal thereof, issued by a franchising authority, whether such authorization is designated a franchise, permit, license, contract, certificate, agreement, or otherwise, which authorizes the construction or operations of a cable system.

H. “Franchise fee” means the fee imposed by a franchising authority or other governmental entity on a grantee, cable subscriber or both solely because of its status as such. The term “franchise fee” does not include:

1. Any tax, fee or assessment of general applicability;

2. Capital costs which are required by the franchise to be incurred by grantee for public, educational, or governmental access facilities;

3. Costs or charges incidental to the awarding or enforcing of the franchise, including, but not limited to, payments for bonds, permits, letters of credit, insurance, indemnification, penalties, or liquidated damages;

4. Any fee imposed under Title 17, United States Code.

I. “Grantee” means any entity receiving a franchise and its lawful successor or transferee.

J. “Gross receipts” means the annual gross receipts or revenue of the grantee from all sources in the operation of the cable communications system, excluding any bad debt, sales tax, excise tax, or other taxes collected for direct pass-through to local, State or Federal government.

K. “Public, educational or government access facilities” or “PEG access facilities” means channel capacity designated for public, educational, or governmental use; and facilities and equipment for the use of such capacity. (Ord. 90-1028 § 2)

5.25.030 Processing of franchise applications.

A franchise may be granted only upon application and such applications shall be processed in the following manner:

A. Applications for a franchise, or modification of an existing franchise shall be processed in an expeditious manner.

B. Applications shall be submitted in the form and manner prescribed by the City Manager, or designee, in the regulations adopted pursuant to this chapter.

C. Applicants for a franchise to operate in an area for which a franchise has previously been granted, shall have the right to the protection of proprietary information contained in the application from premature disclosure to prospective competitors until consideration of the application has been scheduled for public hearing.

D. Within sixty (60) days after receipt of an application, the City Manager, or designee, shall transmit a written recommendation to the Council to approve, amend or disapprove the application. The Council shall schedule a public hearing on the question of granting the franchise application within sixty (60) days after receipt of the said written recommendation.

The Council shall act on the application no later than fourteen (14) days after the public hearing is completed. (Ord. 95-1012 § 1: Ord. 90-1028 § 3)

5.25.040 Grant of franchise.

No cable system shall occupy or use any City right-of-way without a franchise granted by the City, subject to the following:

A. The City may grant franchises to construct, operate, maintain and/or reconstruct a cable communication system in all or part of the City. If the City grants a franchise, the franchise shall constitute both a right and an obligation of the grantee to abide by the provisions of this chapter and of the franchise agreement.

In the event of any conflict between this chapter and any franchise agreement issued under it, this chapter shall control.

B. Any franchise granted shall be nonexclusive. The City specifically reserves the right to grant, at anytime, such additional franchise for a cable communications system within the same or other areas of the City as it deems appropriate.

C. The City may establish, in accordance with the Cable Act, reasonable requirements for new franchises or franchise renewals. The City may modify franchises at the time of renewal, transfer, or other disposition, or when the grantee’s service area is altered, provided the grantee is notified in advance of the proposed modification and is provided an opportunity to present arguments against the modification, or alternatives in lieu of it. The City may also modify franchise then in effect upon giving thirty (30) days written notice to the grantee of its intention to do so, upon request of the grantee under the circumstances provided in the Cable Act, or when the franchise is inconsistent with governing laws or statutes. Modifications of franchises must be approved by the Council.

D. The term of any franchise shall be no more than fifteen years from the effective date of the franchise. The effective date of the franchise shall be the date of execution of the franchise agreement by the City, subject to prior execution by the grantee, unless otherwise specified.

E. Ownership of franchises shall be limited as specified in the Cable Act. The City may, as provided, hold an ownership interest in a cable service, but shall not exercise editorial control over programming except on government access channels.

F. A franchise may be denied if the regulating authority finds, after due investigation, that the applicant, to include the principal owners of the organization requesting the franchise has:

1. Made any false statements or substantive omissions on the application;

2. Within five years of the date of application, been convicted of a felony directly related to the operation of a cable television franchise;

3. Ever had a judgment in an action for fraud, deceit or misrepresentation entered against it, her, him or them by any court of competent jurisdiction;

4. Pending any legal claim, lawsuit or administrative proceeding arising out of or involving a cable system; or

5. Had a franchise revoked for cause within ten years of the date of application.

G. No franchise shall be transferred, in whole or in part, without the City’s prior consent. The consent of the City to any transfer shall not be unreasonably withheld nor shall it constitute a waiver or release of any of the City’s rights. (Ord. 90-1028 § 4)

5.25.050 Franchise renewal.

A franchise may be renewed in the following manner:

A. Not later than three (3) years prior to the expiration of a franchise, the City may require, or the grantee may request, public hearings to evaluate the grantee’s past performance and to assess the community’s future cable needs as provided for under the Cable Act.

B. Following the public hearings, and based on the findings thereof, the City may renew the franchise, or initiate administrative proceedings to determine whether or not to renew the franchise.

C. Based on the evidence presented during the administrative proceedings, the City may deny a franchise renewal if it finds that:

1. The grantee failed materially to comply with franchise terms;

2. The grantee’s service, other than programming, was unreasonable in light of community needs;

3. The grantee is not financially qualified to continue service; or

4. The grantee’s renewal proposal is unreasonable in light of community needs.

D. The City may deny renewal only on specific grounds, and the grantee has the right to judicial review of any adverse decision as provided for in the Act.

E. If mutually agreeable to the City and the grantee, any or all of the administrative procedures specified in the foregoing subsections may be waived. Such action will establish a presumption of renewal. (Ord. 90-1028 § 5)

5.25.060 Franchise fee.

Any grantee who receives payment or other consideration for the provision of cable service involving the use of the City’s rights-of-way shall pay to the City an annual franchise fee equal to five percent (5%) of the grantee’s annual gross receipts, subject to the following:

A. The annual franchise fee shall be payable quarterly. All payments received as herein provided are to be forwarded to the Director of Finance and credited to the City’s current expense fund.

B. In the event that the grantee leases available channels of the cable system to another entity for commercial use, wherein the lessee bills subscribers directly for the services provided over the cable system and for which payments are made directly to the lessee, the lessee shall pay to the City, under the same circumstances as the grantee, a franchise fee of five (5%) percent of the gross revenues realized from the operation of the leased channels.

C. The City shall have the right to audit and to recompute any amounts determined to be payable in satisfaction of the annual franchise fee. When the audit determines that the grantee’s actual payment was less than the amount owing, the grantee shall pay, in addition to the deficiency, interest on the deficiency equal to twelve percent (12%) per annum compounded daily from the date originally due.

D. A part requesting a new franchise, renewal, or transfer shall pay a franchise application fee of two hundred dollars ($200.00) to offset the costs incurred by the City in the processing of the request. (Ord. 90-1028 § 6)

5.25.070 Regulation of franchise.

The City shall exercise appropriate regulatory authority under this chapter and under applicable law, subject to the following:

A. The City may, at its sole option, participate in a joint regulatory agency and may delegate all or part of its responsibility in the area of cable communications.

B. This chapter and the regulation of cable television and communications shall be administered by the City Manager, or designee, with specific authority to:

1. Supervise the implementation of cable policy, regulations and franchise agreements;

2. Facilitate the resolution of complaints received from cable users;

3. Enforce cable system regulations as necessary;

4. Supervise government programming with respect to PEG operations, or coordinate with a designated PEG management authority;

5. Provide for public information and planning;

6. Monitor cable policy and related developments in other jurisdictions and make recommendations for changes of policy or regulations as appropriate in order to encourage the growth and development of cable systems;

7. Develop and maintain productive relationships with cable system operators and interested community groups to assure responsiveness to the needs and interests of the community;

8. Provide staff assistance to any advisory committee or regulatory agency hereafter established.

C. The grantee shall file a complete schedule of subscriber rates with the City and shall update such schedule prior to any rate change. The grantee shall receive no additional consideration in connection with its provision of cable service other than as listed on its filed schedule excluding bulk or commercial accounts. The City expressly reserves the right, subject to the provisions of State and Federal law, to regulate subscriber rates.

D. The City may require performance evaluations or community needs assessments. Failure of the grantee to correct any inadequacy equating to a material breach of the franchise found at such evaluations or by such assessments shall be subject to the remedies contained in this chapter. (Ord. 95-1012 § 1: Ord. 90-1028 § 7)

5.25.080 Public usage of the system.

If so specified in the franchise agreement, the City may utilize a portion of the cable communications system capacity, and associated facilities and resources, to develop and provide cable services that will be in the public interest. This may include the use of institutional networks for non-entertaining purposes, to include interactive service where feasible. (Ord. 90-1028 § 8)

5.25.090 PEG access facility management.

It is the City’s intent to insure that PEG access facilities, equipment and/or channels are provided for in any franchise agreement, and that they shall be managed in the best public interest so that programming using such facilities will be open to all residents, and available for all forms of public expression, community information and debate of public issues. Pursuant to these objectives, the City may delegate the responsibility for PEG access facility management to a nonprofit entity as established by ordinance. (Ord. 90-1028 § 9)

5.25.100 General financial and insurance provisions.

Requirements for bonding and insurance and provisions for liability and indemnification shall be as provided in the rules and regulations developed by the City Manager, or designee. (Ord. 95-1012 § 1: Ord. 90-1028 § 10)

5.25.110 Design and construction provisions.

Cable television and communications system design, the requirement for construction permits, the enforcement of remedies for delay and construction, inspection of the system, and interconnection shall be as follows:

A. The cable television and communication system shall be constructed as specified in the franchise agreement including all construction, technical and performance quality standards contained or referenced therein. Such standards shall not exceed the standards and guidelines for technical quality relating to facilities and equipment of cable systems established by the Federal Communications Commission.

B. The grantee shall comply with the provisions of Ordinance No. 90-1013, codified in Chapter 11.05, relating to utilities on City’s rights-of-way and Ordinance No. 90-1023, codified in Chapter 13.25, relating to right-of-way use permits and any other applicable ordinances regarding construction or use permits as applicable to cable television and communications systems.

C. The City may apply any or all of the remedies specified in this chapter for delays in system construction or failures to meet construction requirements.

D. The City may inspect the cable system, and may require the grantee to conduct tests to insure compliance with this chapter. If, on the completion of such tests, it is determined by the City that the grantee is not in compliance with the provisions of this chapter, or of the franchise agreement, the City may charge the grantee an inspection fee to cover the costs of the inspection.

E. The grantee may be required to interconnect with any or all other cable systems in the City, or in adjacent areas, upon the directive of the City, unless good and sufficient cause is demonstrated to the City that such interconnection is not technically feasible, is beyond the power of the grantee to carry out, or that the cost of interconnection would cause an unreasonable or unacceptable increase in subscriber rates. (Ord. 90-1028 § 11)

5.25.120 Service provisions.

The grantee shall provide cable television and communications services in accordance with the following:

A. The grantee shall provide, as a minimum, the range and mix of services listed in the franchise agreement. Services shall not be reduced or significantly changed without prior notification to the City. Such notification is intended for the informational benefit of the City and is not intended to invoke regulation of programming.

B. The grantee shall provide public, educational and government (PEG) access facilities, which may include channel capacity, interface equipment, and cabling, as specified in the franchise agreement.

C. The City shall assure the maximum utilization of existing PEG access channels prior to requiring the allocation of any additional PEG access channels. To this end, the City shall coordinate the usage of PEG access channels and facilities with King County and other jurisdictions as appropriate.

D. Access to cable service shall not be denied to any group of potential subscribers solely because of the income level of the area in which they reside. (Ord. 90-1028 § 12)

5.25.130 Continuity of service.

The right of subscribers to continued cable television and communications services shall be conditioned upon the following:

A. As long as they honor their obligations to the grantee, all subscribers will have the right to receive all available services offered by the grantee, and to receive continuous uninterrupted service, regardless of the circumstances, during the lifetime of the franchise, except for temporary interruptions of service which may be required from time to time to rebuild, modify, or improve service. Any interruption of service caused by the grantee shall be subject to rebate, the provisions for which shall be included in the franchise agreement.

B. As long as it is entitled to revenues from operation of the cable system, the grantee will maintain continuity of service during any temporary transition in the status of the franchise agreement, the cable system, or control of the grantee. This obligation to continue service shall not exceed eighteen (18) months without the written approval of the grantee.

C. If the grantee elects not to renew a franchise, the grantee shall notify the City of its intent not less than twelve (12) months prior to the expiration date of the franchise. Failure to provide this notification will subject the grantee to the continuity of service provisions herein in order to provide for an orderly transition to another cable system operator without interruption of service. (Ord. 90-1028 § 13)

5.25.140 Rights of the City.

During the term of any franchise agreement, the City shall maintain, and may invoke, the following rights:

A. If a grantee’s renewal request is denied or if the franchise expires or is revoked, the City may, after appropriate administrative review, acquire ownership of the cable system. Such acquisition shall be at fair market value but with no value allocated to the franchise itself. In determining the price it is to pay, the City may set off against the value of the system any actual cost to the City and subscribers resulting from the grantee’s action which led to the denial or revocation.

B. The City shall have the right to inspect all construction or installation work performed subject to the provisions of the franchise and to make such tests as it shall find necessary to ensure compliance with law and with the franchise agreement.

C. At the expiration of the term for which the franchise is granted, or upon its revocation or expiration, the City shall have the right to require the grantee to remove, within a specified period of time not less than thirty (30) days, and at grantee’s own expense, all portions of the cable system from all streets and public property within the franchise area that are above ground, or are below ground and constitute a hazard to the health, welfare or safety of the City residents.

D. Nothing herein shall be deemed or construed to impair or affect the right of the City to acquire the property of the grantee, either by purchase or through the exercise of its right of eminent domain, at just compensation.

E. Neither the granting of any franchise nor any provision thereof shall constitute a waiver or bar to the City’s exercise of its governmental rights or powers, subject to the grantee’s rights under its franchise and franchise agreement. (Ord. 90-1028 § 14)

5.25.150 Rights reserved to the grantee.

The following rights shall be reserved to the grantee during the term of any franchise and franchise agreement:

A. In the event of any dispute between the grantee and the City arising out of this chapter or the franchise agreement, the grantee shall pursue and exhaust all available administrative remedies pursuant to law prior to pursuing any appropriate legal action.

B. Subject to prior City approval, the grantees may enter into written overbuild agreements.

C. The grantee shall have the right, at any time, to petition the City for modification of its franchise agreement. (Ord. 90-1028 § 15)

5.25.160 Remedies.

The City shall have the following remedies for violations or delays in construction:

A. If a grantee violates any material provision of this chapter or of applicable law, or breaches any material provision of its franchise, the City may impose any or all of the following remedies:

1. Exercise its right under the security fund.

2. Assess monetary damages.

3. Terminate the franchise for cause.

4. Seek legal and equitable relief in superior court.

B. The City may impose any or all of the following remedies for delays in system construction, upgrading or rebuilding as required by the franchise agreement:

1. Exercise its right under the construction bond for any delay exceeding three (3) months.

2. Assess monetary damages up to the maximum amount specified in the franchise agreement.

3. Terminate the franchise, as materially breached, for any delay exceeding six (6) months.

C. Any remedies shall be applied in accordance with due process of law.

D. A grantee’s duty to fully perform is excused and no remedy or sanction shall be imposed if the failure is due to any cause beyond its reasonable control and if grantee notified the City in writing of the reason for the failure within twenty (20) days of the discovery of the reason. (Ord. 90-1028 § 16)

5.25.170 Reports.

The City may require the grantee to submit such information as the City shall need to implement this chapter. The City may verify the accuracy of any information submitted. All reports and records required by this chapter shall be furnished at the grantee’s sole expense. A grantee’s failure or refusal to file any of the required information, or its filing of false or misleading information, shall be deemed a violation of this chapter. (Ord. 90-1028 § 17)

5.25.180 Termination of franchise by receivership or bankruptcy.

The City may terminate any franchise after the appointment of a receiver or trustee whether in receivership, reorganization, bankruptcy or other action or proceeding. (Ord. 90-1028 § 18)

5.25.190 Procedures in the event of termination or expiration.

If a franchise expires, is revoked, terminated, or a renewal request is denied, the City may order the removal of the system facilities and/or purchase the system as provided in this chapter. If a franchise is revoked, terminated, or a renewal request is denied, the City may also order the grantee to maintain and operate the cable system for a defined period of time. This continuity of service provisions shall not apply in the event the grantee chooses not to renew a franchise which is to expire, provided the grantee makes this intention known to the

City at least twelve (12) months prior to the expiration of the franchise. (Ord. 90-1028 § 19)

5.25.200 Implementation of cable communications policy.

The policies contained in this chapter, shall be implemented by means of administrative rules and regulations which shall be developed by the City Manager, or designee. A copy of the said rules and regulations shall be available in the Office of the Director. (Ord. 95-1012 § 1: Ord. 90-1028 § 20)

5.25.210 Equal employment opportunity requirements.

The grantee shall establish, maintain, and execute an equal employment opportunity plan in accordance with the guidelines established in the franchise agreement which shall be consistent with all Federal, State and City equal employment opportunity requirements, and the City’s affirmative action policies. The grantee shall file, with the City, annual employment records in the format required by rules and regulations; provided, that if similar reports shall be required by a Federal or State agency, then copies of those reports shall be submitted to the City and shall suffice to meet the requirements herein. Failure to comply with equal employment opportunity requirements, or to file the required records or reports, shall constitute a breach of the franchise agreement and the City may invoke the remedies provided by this chapter. (Ord. 90-1028 § 21)

5.25.220 Non-recourse.

The grantee shall have no recourse whatsoever against the City or its officials, boards, commissions, agents or employees for any loss, costs, expenses, or damages arising out of any provision or requirement of the franchise or because of the enforcement of the franchise or this chapter; provided, that such loss, costs, expenses or damages are not the result of the sole negligence of the City or its agents. The grantee shall not be relieved of its obligation to comply with any of the provisions of this chapter by reason of the City’s failure to promptly enforce compliance. (Ord. 90-1028 § 22)

Chapter 5.30
PUBLIC PLACES OF AMUSEMENT

Sections:

I. Regulations

5.30.010 License required.

5.30.020 Fees.

5.30.030 Definitions.

5.30.040 Business hours.

5.30.050 Outdoor sports exempt.

5.30.060 Racing.

II. Adult Entertainment, Adult Theater and Adult Use Establishments⁵
(Repealed)

I. Regulations

5.30.010 License required.

No public place of amusement or commercial business offering public amusement/entertainment or public entertainment shall be operated within the City unless a business license shall have been obtained pursuant to Ordinance No. 90-1039 codified in Chapters 5.05 and 5.10. Any such license shall be obtained not less than two (2) weeks prior to the opening of any such entertainment. (Ord. 91-1023 § 1)

5.30.020 Fees.

The fee for various public places of amusement, public amusement/entertainment and public entertainment licenses shall be as set by resolution of the City Council. A late penalty shall be charged on all applications submitted later than two (2) weeks prior to the opening of the public amusement, or received after the expiration date of the previously issued license, pursuant to Section 5.05.140. (Ord. 91-1023 § 2)

5.30.030 Definitions.

For purposes of these regulations pertaining to public places of amusement, public amusement/entertainment, and public entertainment, the words and phrases used herein shall have the following meanings:

A. “Entertainment” means any exhibition or dance of any type, pantomime, modeling or any other performance;

B. “Operator” means any person operating, conducting or maintaining a public place of amusement, public amusement/entertainment, or public entertainment;

C. “Public place of amusement”, “public amusement/entertainment” and “public entertainment” mean an amusement, diversion, entertainment, show, performance, exhibition, display or like activities, for the use or benefit of a member or members of the public, or advertised for the use or benefit of a member of the public, held, conducted, operated or maintained for a profit, direct or indirect. (Ord. 91-1023 § 3)

5.30.040 Business hours.

No public place of amusement, public amusement/entertainment or public entertainment shall be conducted between the hours of 2:00 a.m. and 10:00 a.m., except as otherwise provided for public dancing by Section 5.05.330. (Ord. 91-1023 § 4)

5.30.050 Outdoor sports exempt.

No business license shall be required for any recognized outdoor sports. (Ord. 91-1023 § 5)

5.30.060 Racing.

Applicants for any amusement license pertaining to races, whether foot, bicycle, automobile or other, where the expected attendance will exceed one thousand people at any single scheduled event, shall submit information as deemed appropriate by the City to ensure that adequate traffic control and crowd protection policing has been arranged either through private security agencies or has been contracted for with the City. A written notice that the applicant has complied with this requirement shall be issued by the Chief of Police Services before an amusement place license shall be issued. If any applicant should contract for traffic control and crowd protection policing with the City, then the sum agreed upon in payment for such control and policing shall be based upon the actual expenses incurred by the City in providing such services. (Ord. 91-1023 § 6)

II. Adult Entertainment, Adult Theater and Adult Use Establishments⁶

(Repealed by Ord. 95-1018)

Chapter 5.35
FIREWORKS

Sections:

5.35.010 Definitions.

5.35.020 General provisions.

5.35.030 Sales application – Permit.

5.35.040 Fireworks stands.

5.35.050 Public displays of fireworks.

5.35.060 Sale of fireworks.

5.35.070 Unclassified fireworks.

5.35.080 Exceptions.

5.35.090 Violation – Penalty.

5.35.010 Definitions.

The words and phrases herein used for the purposes of this chapter shall have the meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning:

A. The term “fireworks” shall have the meaning defined in RCW 70.77.126.

B. The terms “display fireworks,” “consumer fireworks,” and “articles pyrotechnic” shall have the meanings defined in Chapter 70.77 RCW. Consumer fireworks shall further be limited to those on file pursuant to RCW 70.77.575.

C. “Fireworks stands” includes all locations where consumer fireworks are displayed in connection with sale, offered for sale or are stored. “Fireworks stands” includes temporary as well as permanent structures where fireworks are offered for sale or are stored.

D. “License” means the State authorization defined in RCW 70.77.170.

E. “Permit” means the official authorization granted by the City for the purpose of establishing and maintaining a place within the City where fireworks are manufactured, constructed, produced, packaged, stored, sold, or exchanged and the official authorization granted by the City for a public display of fireworks.

F. “Person” includes any individual, firm, partnership, joint venture, association, corporation, estate, trust, receiver, syndicate or any other group or combination acting as a unit.

G. “Public display of fireworks” means an entertainment feature where the public is, or could be, admitted or allowed to view the display or discharge of display fireworks.

H. “Sale at retail” includes any offer to sell, sale or exchange for consideration, including contracts or orders for sales or exchanges at a fixed location or a place of business of consumer fireworks to a consumer or user.

I. “Sale at wholesale” includes a sale or transfer of consumer fireworks to a retailer or any other person for resale, and also includes any sale or transfer of display fireworks to public display licensees. (Ord. 02-1021 § 1: Ord. 93-1020 § 1)

5.35.020 General provisions.

Each of the following are hereby declared to be unlawful within the City:

A. For any person to offer for sale, at retail or wholesale, or to sell, at retail or wholesale, any fireworks without having first obtained a permit and license to do so;

B. For any person to sell, purchase, possess, use, discharge, explode, or make a public display of fireworks except as provided in this chapter and by State law;

C. For any person to sell, at retail or wholesale, or offer for sale, at retail or wholesale, any consumer fireworks within the City at any time, including the period from December 27, 2002, through January 1, 2003, and the same period every year thereafter, except during the period from 9:00 a.m. to 9:00 p.m. on the 4th of July of every year;

D. For any person to use, discharge or explode any fireworks in a negligent or reckless manner, or during a period other than from 9:00 a.m. to 11:00 p.m. on the 4th of July of any year.

For the purposes of this section, “negligent manner” means in a manner which endangers or is likely to endanger persons or property.

For the purposes of this section, “reckless manner” means in a manner with willful and wanton disregard for the safety of persons or property;

E. For any person to sell, at retail or wholesale, or to offer for sale, at retail or wholesale, consumer fireworks to any person under the age of sixteen (16) years of age. It shall be the responsibility of any seller of consumer fireworks to obtain and/or require proof of age of any customer at the time of purchase, which proof requirement may be satisfied by inspecting the customer’s valid Washington State Photo Driver’s License or valid Washington State Identification Card or the equivalent thereof issued by another state or jurisdiction;

F. For any person under the age of sixteen (16) years of age to purchase, possess or to discharge any fireworks within the City without direct supervision of an adult. (Ord. 02-1021 § 2: Ord. 95-1014 § 1; Ord. 93-1020 § 1)

5.35.030 Sales application – Permit.

An application for a permit to offer for sale, at retail or wholesale, or to sell, at retail or wholesale, any fireworks within the City shall be made at the Finance Department of the City. Such a permit shall be issued only upon the following minimum conditions and requirements:

A. The application shall be filed with and accompanied by a permit fee of twenty-five dollars ($25.00).

B. Approval of the permit by the Fire Chief of the City or his designee, subsequent to an investigation by said Fire Chief or designee.

C. The application shall have a valid license issued by the State authorizing the holder thereof to engage in the business of sale of fireworks.

D. If the applicant does not own or have the right to possess a temporary fireworks stand complying with the standards required for temporary fireworks stands, then the applicant shall have as a place for the sale of fireworks a building which is of fireproof construction and with proper fire fighting equipment located therein, as approved by the Fire Chief or his designee. In all cases, the placing of fireworks for display in the fireworks stand or place of sale shall be in such a manner as to be beyond the reach of customers.

E. The applicant shall procure and maintain a policy or policies of public liability and property damage insurance with a company or companies acceptable to the City Attorney in the following amounts: one hundred thousand dollars ($100,000) or more for injuries to any one person in any one accident or occurrence; two hundred thousand dollars ($200,000) or more for injuries to two or more persons in any one act or occurrence; fifty thousand dollars ($50,000) or more for damage to property in any one accident or occurrence. The City shall be named as an additional insured in each policy providing coverage in connection with the manufacture, importation, exportation, regulation, possession, sale, use and/or discharge of fireworks.

F. The permittee’s location or place business, if a temporary fireworks stand, shall be only in those areas or zones within the City which have been approved by the Fire Chief of the City or designee. The permittee’s location or place of business, if the fireworks stand or display is located within a permanent structure, shall be only in those zones within the City in which commercial businesses may be located.

G. The applicant shall post with the City Clerk a performance bond or cash bond in the amount of not less than fifty dollars ($50.00), subject to the following conditions: the deposit shall be returned to the applicant only if the applicant promptly removes the temporary fireworks stand and cleans the area of its location to the satisfaction of the Fire Chief or his designee, or, in the case of a fireworks stand being located within a permanent structure, if the applicant promptly cleans the area of its location to the satisfaction of the Fire Chief or his designee. In the event that the applicant fails to do so, the performance bond or cash deposit shall be forfeited to the City. In no event shall the applicant be entitled to the return of the performance bond or the cash deposited if he fails to complete the above described work by the 10th day of July of any year. (Ord. 93-1020 § 1)

5.35.040 Fireworks stands.

Fireworks stands shall conform to the following minimum standards, conditions and requirements:

A. All fireworks stands shall be inspected and approved by the Fire Chief or designee. Temporary fireworks stands need not comply with all of the provisions of the City’s Building Code; provided, however, that all such temporary fireworks stands shall be erected under the supervision of the Fire Chief or designee, or in accordance with the specified standards of the Fire Chief or designee, including but not limited to the requirement that all temporary fireworks stands be constructed in a safe manner for both persons selling fireworks at the temporary fireworks stand and for potential customers of the temporary fireworks stand. In the event any fireworks stand is wired for and connected to electric power, then the wiring shall be approved by the Fire Chief or the Electrical Inspector or their designee.

B. No temporary fireworks stand shall be located within fifty (50) feet of any other building or structure constructed entirely or partially of combustible materials or with unprotected openings, nor within twenty (20) feet of any building or structure constructed entirely of noncombustible materials; nor within one hundred (100) feet of any gas station, oil storage tank or premises where flammable liquids are kept or stored.

C. Each fireworks stand must have at least two (2) exits; which shall be unobstructed at all times.

D. Each fireworks stand shall have in readily accessible places two (2) or more extinguishers approved by the Fire Chief or designee, and a two (2) gallon pail of water.

E. All weeds, grass and combustible materials shall be cleared from the location of a fireworks stand and the surrounding area, a distance of not less than twenty (20) feet measured from the exterior walls on each side of the fireworks stand.

F. No smoking shall be permitted in or near a fireworks stand and fireworks stands shall be posted with “No Smoking” signs with letters at least two (2) inches in height, in conspicuous places on all four sides of the fireworks stand. Each temporary fireworks stand or fireworks display within a permanent structure where fireworks are displayed and offered for sale shall have at least one (1) adult in attendance at all times during which fireworks are available for sale.

G. All unsold stock and accompanying litter shall be removed from the vicinity of the fireworks stand by 12:00 noon on the 6th day of July of any year.

H. There shall be no discharging or igniting of fireworks within one hundred (100) feet of any fireworks stand.

I. No fireworks stand shall be located within ten (10) feet of a public sidewalk or street.

J. There shall be no sleeping in any fireworks stands, nor within any structure where fireworks are stored.

K. There shall be no matches, lighters or other open flame devices stored, nor offered for sale in any fireworks stand, nor within any structure where fireworks are stored. (Ord. 93-1020 § 1)

5.35.050 Public displays of fireworks.

A. Application for Permits for Public Displays of Fireworks. Any person desiring to give or make a display of fireworks within the City shall make an application for a permit to operate the public display, in writing, to the Chief of the Fire Department. The application shall set forth the following information: