Chapter 5.10
SPECIAL ACTIVITIES LICENSES AND PERMITS
Sections:
5.10.020 Prohibited activities – Exemptions.
5.10.030 Application and fees required.
5.10.040 Regulations – Generally.
5.10.060 Regulations – Public dance places/public youth dances.
5.10.070 Regulations – Pawnbrokers.
5.10.080 Regulations – Charitable solicitations.
5.10.090 Regulations – Outdoor entertainment.
5.10.100 Regulations – Peddlers/transient sales representatives and ice cream vendors.
5.10.140 License – Penalty for late application.
5.10.150 License – General provisions.
5.10.010 Definitions.
For the purposes of this chapter, the following definitions shall apply:
(1) “Amusement place” means an amusement, diversion, entertainment, show, performance, exhibition, display or like activities, for the use or benefit of a member or members of the public, held, conducted, operated or maintained for a profit, direct or indirect. By way of illustration and not limitation, “public places of amusement” includes live entertainment, music (other than mechanical), boxing or wrestling, exhibition skating, bowling alleys, amusement parks, and carnivals.
(2) “Billiard or pool table place” means any establishment engaged primarily in the business of offering the use of pool or billiard tables for a commercial purpose.
(3) “Billiard table” means a raised oblong felt-covered table with raised cushioned edges, or any substantially similar device on which is played the game known as billiards or pool involving the use of a long tapering stick called a cue to propel pool or billiard balls.
(4) “Charitable” means and includes the words “patriotic,” “philanthropic,” “social service,” “welfare,” “benevolent,” “educational,” “civic” or “fraternal,” either actual or purported; provided, such term shall not include “religious” and “religion,” which terms shall be given their commonly accepted definitions.
(5) “Contributions” means and includes alms, food, clothing, money, credit, subscription, property, financial assistance or other thing of value and including any donations under the guise of a loan of money or property.
(6) “Direct gift” means and includes an outright contribution of food, clothing, money, credit, property, financial assistance or other thing of value to be used for a charitable or religious purpose and for which the donor receives no consideration or thing of value in return.
(7) “Endorsement” shall mean the licensing approval given to one activity.
(8) “Ice cream vendor” means all persons, both principals and agents, as well as employers and employees, who shall sell, offer for or expose for sale ice cream products in the city of Burien by going up and down residential or commercial streets or from place to place.
(9) “Outdoor musical entertainment” means an entertainment, amusement, or assembly of persons wherein the primary purpose will be the presentation of outdoor, live or recorded musical entertainment or other entertainment which the person, persons, or corporation, organization, landowner or lessor believes or has reason to believe will attract 250 or more persons and where a charge or contribution is required for admission.
(10) “Pawnbroker” means and includes every person who takes or receives by way of pledge, pawn, or exchange goods, wares, or merchandise or any kind of personal property whatsoever, for the repayment of security of any money loaned thereon, or to loan money on deposit of personal property, or who makes a public display of any sign indicating that he has money to loan on personal property on deposit or pledge.
(11) “Pawnshop” means every place at which the business of a pawnbroker is being carried on.
(12) “Peddler” or “transient sales representative,” unless otherwise exempt under the provisions of this chapter, shall be defined as follows:
(a) All persons, both principals and agents, as well as employers and employees, who shall sell, offer for or expose for sale, or who shall trade, deal or traffic in any personal property or services in the city by going from house to house or from place to place or by indiscriminately approaching individuals.
(b) Sales by sample or for future delivery, and executory contracts of sale by solicitors or peddlers are embraced within the preceding subsection; provided, however, that this chapter is not applicable to any salesperson or canvasser who solicits trade from wholesale or retail dealers within the city.
(c) Any person, both principals and agents, as well as employers and employees, who, while selling or offering for sale any goods, wares, merchandise or anything of value, stands in a doorway or any unenclosed vacant lot, parcel of land or in any other place not used by such person as a permanent place of business.
(13) “Person” means any individual, firm, partnership, corporation, company, association or joint stock association, church, religious sect, religious denomination, society, organization or league, and includes any trustee, receiver, assignee, agent or other similar representative thereof.
(14) “Pool table” means a billiard table with a pocket in each corner and at the middle of both sides, used for playing pool, the game wherein numbered balls are propelled into the pockets by persons using a cue.
(15) “Promoter” means any person who promotes, manages, supervises, organizes or attempts to promote, manage, supervise or organize a campaign of solicitation, but shall not include either a bona fide full-time salaried officer or employee of a charitable organization whose salary or other compensation is not computed on funds raised or to be raised, or a temporary employee who is employed to contact volunteer workers by telephone but who may not himself solicit contributors directly.
(16) “Public dance” means any dance which is open to the public and which is held and conducted for a profit, direct or indirect.
(17) “Public dance place” means any place where a public dance is conducted, operated or maintained and any and all areas attached to or adjacent to such premises including, but not limited to, all parking areas, hallways, bathrooms and all adjoining areas on the premises accessible to the public during the dance.
(18) “Public youth dance” means any public dance that is readily accessible to the public and which permits the entry of any persons under the age of 18 years. For the purposes of this chapter, the term “public dance” shall be construed so as to include all public youth dances except where specifically indicated otherwise.
(19) “Sale and benefit affair” means and includes, but is not limited to, athletic or sports event, bazaar, benefit, campaign, circus, dance, drive, entertainment, exhibition, exposition, party, performance, picnic, sale, social gathering, theater, or variety show, which the public is requested to patronize or attend or to which the public is requested to make a contribution for any charitable or religious purpose connected therewith.
(20) “Secondhand goods” means and includes any and all used, remanufactured, or secondhand goods purchased or kept for sale by a dealer in secondhand goods. Such term shall not be construed to include secondhand motor vehicles or boats.
(21) “Solicit” and “solicitation” mean the request within the city directly or indirectly of money, credit, property, financial assistance or other thing of value on the plea or representation that such money, credit, property, financial assistance or other thing of value will be used for a charitable or religious purpose, and includes:
(a) Any oral or written request;
(b) The distribution, circulation, mailing, posting or publishing of any handbill, written advertisement or publication;
(c) The making of any announcement to the press, by radio or television, by telephone or telegraph concerning an appeal, assemblage, athletic or sports event, bazaar, benefit, campaign, circus, contest, dance, drive, entertainment, exhibition, exposition, party, performance, picnic, sale, social gathering, theater or variety show, which the public is requested to patronize or to which the public is requested to make a contribution for any charitable or religious purpose connected therewith;
(d) The sale of, offer or attempt to sell any advertisement, advertising space, book, card, chance, coupon, device, magazine, membership, subscription, ticket, admission, article or other thing in connection with which any appeal is made for any charitable or religious purpose, or where the name of any charitable or religious organization, association or person is used or referred to in any such appeal or where in connection with any such sale any statement is made that the whole or any part of the proceeds from any such sale will go or be donated to any charitable or religious purpose.
A “solicitation” shall be deemed completed when made, whether or not the person making the same received any contribution or makes any sale referred to in this chapter. [Ord. 564 § 1, 2012; Ord. 459 § 1, 2006; Ord. 450 § 1, 2006; Ord. 367 § 3, 2002]
5.10.020 Prohibited activities – Exemptions.
(1) Peddlers and transient sales representatives, as defined in BMC 5.10.010, are prohibited within the city limits unless they comply with the licensing requirements and other regulations in BMC 5.10.100, except that the following activities are not prohibited and are not required to comply with said licensing requirements and other regulations:
(a) Farmers who peddle agricultural, horticultural, or farm products which they have actually grown, harvested or produced;
(b) Any person who is specifically requested by a potential buyer to visit or call for the purpose of displaying or purchasing goods, literature or giving information about any article, service or product;
(c) Charitable, religious or nonprofit organizations or corporations which have received tax exempt status under 26 U.S.C. 501(c)(3) or other similar civic, charitable or nonprofit organizations;
(d) Newspaper carriers;
(e) Peddlers operating at any city-sponsored or authorized civic event for a time period not to exceed five consecutive days, so long as each peddler’s name, address and telephone number is submitted to the city, in advance of the civic event, to be maintained in the city records;
(f) Peddlers operating at a Saturday market or other city-sponsored or approved activity so long as the activity does not occur more than one time per week for more than five months of each calendar year; and provided further, that the name, address and telephone number of each peddler is provided in advance to the city of Burien to be maintained in the city records;
(g) Sales conducted as “fund-raisers” for youth athletic, scouting, or educational organizations. By way of illustration and not limitation, these organizations may include Boy Scouts and Girl Scouts, youth soccer, basketball, football, softball, and other youth athletic organizations. [Ord. 564 § 2, 2012; Ord. 459 § 2, 2006; Ord. 367 § 4, 2002]
5.10.030 Application and fees required.
(1) Any person desiring to establish or conduct the following enterprises, businesses, or undertakings within the corporate limits of the city shall first apply to the city for a license or permit to conduct such activity:
(a) Amusement places;
(b) Pool and billiard table places;
(c) Public dance places, except that the provisions of this chapter shall not apply to public youth dances provided by charitable, religious or nonprofit organizations or corporations which have received tax exempt status under 26 U.S.C. 501(c)(3);
(d) Pawnbrokers, except that the requirements of this chapter do not apply to the following:
(i) Dealers of prepackaged rebuilt automotive parts;
(ii) Persons exempted from the regulations set forth in Chapter 46.70 RCW, relating to the sale of used automobiles, and Chapter 46.80 RCW, relating to auto wrecking;
(iii) Those persons engaged in the purchase and/or sale of bottles, cans, or paper as part of the process of recycling such bottles, cans or paper;
(iv) Those persons conducting a sale of secondhand goods under any legal forfeiture, foreclosure, liquidation, or any repossession pursuant to any terms of any contract or sale or incidental to any legal action;
(e) Charitable solicitations, except the requirements of this chapter shall not apply to the following:
(i) Solicitations by any organization operated exclusively for religious or charitable purposes and not operated for the pecuniary profit of any person, if the solicitations by such organization are conducted among the members thereof by other members or officers thereof, voluntarily and without remuneration for making such solicitations, or if the solicitations are in the form of collections or contributions at the regular assemblies, meetings or services of any such organization;
(ii) Any charitable organization which does not solicit and collect contributions in Burien in excess of $2,500 in any one-year period and where all of such fund-raising functions are carried on by persons who are unpaid for their services;
(f) Outdoor musical entertainment;
(g) Special events;
(h) Street use activities (see Chapter 12.17 BMC, Right-of-Way Use Code – General Provisions, and Chapter 12.18 BMC, Right-of-Way Use Code – Permits);
(i) Ice cream vendors; and
(j) Peddlers/transient sales representatives.
(2) The application shall be upon a form furnished by the city.
(3) The application must be accompanied by a check, cash or money order for the amount of the license fee. The base fee for a single endorsement (except for street use activities) shall be $100.00. For street use activities, see Chapter 12.17 BMC, Right-of-Way Use Code – General Provisions, and Chapter 12.18 BMC, Right-of-Way Use Code – Permits. The city manager may, in his or her discretion, waive permit fees for activities that the city manager deems provide a significant public or community benefit and that are “nonprofit” activities as defined in the IRS Code Section 501(c)(3). [Ord. 564 § 3, 2012; Ord. 450 § 2, 2006; Ord. 367 § 5, 2002]
5.10.040 Regulations – Generally.
The rules and regulations in BMC 5.10.060 through 5.10.100 apply to the activities listed in BMC 5.10.030 for which a special license is required. The special licenses required under this chapter are separate from and in addition to the business license issued under Chapter 5.05 BMC, which may also be required when applicable. [Ord. 735 § 2, 2020; Ord. 367 § 6, 2002]
5.10.050 Regulations – Amusement device places.
Repealed by Ord. 450. [Ord. 367 § 6(A), 2002]
5.10.060 Regulations – Public dance places/public youth dances.
(1) Hours of Operation. No public dance or public dance hall shall be conducted, operated or maintained after the hour of 2:00 a.m.
(2) Public Dance/Public Youth Dance –License Application. The person desiring to conduct or operate a public dance or public youth dance shall be responsible for obtaining a license. The applicant shall complete a license application, which shall include the following:
(a) The name (including any aliases or former names), address, day and evening telephone numbers and date of birth of the applicant. If the applicant is not a natural person, then this information shall be provided for both the applicant (excepting date of birth) and for the natural person making the application on behalf of the applicant. If the applicant is not a natural person, the applicant also shall provide the names (including any aliases or former names), addresses, day and evening telephone numbers and dates of birth of the limited partners, partners, owners, and principals of the applicant.
(b) A statement of indemnification in a form provided by the city.
(c) A statement from the applicant that any premises on which the applicant will conduct or operate any public or public youth dance will comply with all laws and other legal requirements, including but not limited to building, land use, health, planning and fire codes, and a statement that the applicant and any employee or agent thereof will, in the conduct of any all-ages dance, comply with all laws and other legal requirements, including but not limited to the building, land use, health, planning and fire codes.
(d) A statement that neither the applicant, nor the natural person making the application on behalf of an applicant that is not a natural person, nor any limited partner, partner, owner or principal of an applicant that is not a natural person: (i) is currently the subject of a license suspension or revocation pursuant to BMC 5.05.140; (ii) has at any time been determined to be a sexually violent predator pursuant to Chapter 71.09 RCW or equivalent statute; or (iii) has been convicted within the 10 years preceding the filing of the license application of a misdemeanor or felony directly relating to the conduct of a public dance/public youth dance, including misdemeanors and felonies involving moral turpitude, fraud or misrepresentation.
(3) Approval or Denial of License Application – Grounds. A criminal background check will be required. The director shall grant a license unless the license applicant, or the natural person making the application on behalf of an applicant that is not a natural person, or any limited partner, partner, owner or principal of an applicant that is not a natural person:
(a) Is currently the subject of a license suspension or revocation pursuant to BMC 5.05.140; or
(b) Has, at any time, been determined to be a sexually violent predator pursuant to Chapter 71.09 RCW or equivalent statute; or
(c) Has been convicted within the 10 years preceding the filing of such application of:
(i) Any sexual crime involving a minor or child as a victim, including but not limited to: such crimes charged under Chapter 9.68A RCW (sexual exploitation of children), or Chapter 9A.44 RCW (sex offenses), or felony crimes charged under Chapter 9A.88 RCW (indecent exposure and prostitution), or such crimes included within RCW 9.94A.030(37) (sex offenses), or such crimes included within RCW 43.43.830(5) (crimes against children or other persons), or a crime for which a finding of sexual motivation has been made pursuant to RCW 9.94A.127, or extortion for sexual favors pursuant to RCW 9A.56.110; or
(ii) An attempt or conspiracy to commit any crime as set forth in subsection (3)(c) of this section, or of aiding and abetting such crime; or
(iii) Has, under circumstances not requiring license denial pursuant to subsections (3)(b) and (c) of this section, been convicted within the five years preceding the filing of such application of:
(A) Any felony crime involving the unlawful manufacture, sale, delivery, dispensing, distribution, or the possession with intent to manufacture, sell, deliver, dispense or distribute a drug, legend drug, or controlled substance, including but not limited to those crimes charged under Chapter 69.41 RCW (legend drugs), Chapter 69.43 RCW (precursor drugs) and Chapter 69.50 RCW (Uniform Controlled Substances Act); or
(B) Any felony crime of violence as defined by RCW 9.41.010(11), a most serious offense as defined by RCW 9.94A.030 (27), a violent offense as defined by RCW 9.94A.030(44), or a felony with a deadly weapon finding or verdict under RCW 9.94A.125; or
(C) Any sexual offense, including but not limited to: a sex offense as defined by RCW 9.94A.030(37) or Chapter 9A.44 RCW, a crime for which a finding of sexual motivation has been made under RCW 9.94A.127, extortion to obtain sexual favors pursuant to RCW 9A.56.110, or sexual offenses included within RCW 43.43.830(5) (crimes against children or other persons), or felony crimes charged under Chapter 9A.88 RCW (indecent exposure and prostitution); or
(D) An attempt or conspiracy to commit any crime as set forth in subsection (3)(c) of this section, or of aiding and abetting such.
(4) Security Personnel. It shall be the obligation of every licensee under this chapter to insure:
(a) That security personnel are employed and in attendance at all-ages dance venues during and following each all-ages dance, in order to maintain order and ensure compliance with the law. Specifically, every licensee must provide two persons who have received formal training in crowd control and event management, plus one additional person so trained for every 100 patrons admitted to the all-ages dance or all-ages dance venue in addition to the first 250 patrons so admitted.
(b) Access – Peace Officers/Director. All peace officers of the city of Burien and/or the director shall have free access to all-ages dance venues when an all-ages dance is being conducted or operated for the purpose of inspection and to enforce compliance with the provisions of this chapter.
(c) On-Site Manager. It shall be the obligation of every person licensed under this chapter to insure that at least one on-site manager is employed and in attendance at an all-ages dance venue during and following each all-ages dance, to be responsible for the direct operation and oversight of the dance and venue and supervision of other employees or workers.
(5) Hours of Operation – Penalty.
(a) Every person who knowingly or recklessly shall allow a person to enter or remain at a public youth dance in violation of this chapter shall be guilty of a misdemeanor. It is the sole responsibility of the person or entity conducting and/or operating a public youth dance to require identification showing the age of each person admitted.
(b) Public Youth Dance – Readmission Fee. No person or entity conducting or operating a public youth dance or public youth dance hall shall permit any person, other than an employee, to leave the dance or dance hall and return unless that person pays a readmission fee equal to, or greater than, one-half the original price of admission. [Ord. 367 § 6(B), 2002]
5.10.070 Regulations – Pawnbrokers.
(1) Limitation on Licensing. No pawnbroker’s license shall be issued which would increase the number of holders of such licenses to more than one for every 15,000 of population, 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.
(2) Records Required. Every pawnbroker shall maintain at his place of business a record in which he shall at the time of purchase of any secondhand goods enter, in the English language, written in ink, the following information:
(a) The date of the transaction;
(b) The name of the person or employee conducting the transaction and making the entries required herein;
(i) The nature of the transaction, a number identifying the transaction, the business identification as designated by the Burien police department, or the name and address of the business and the name of the person or employee conducting the transaction and the location of the property;
(c) The printed name, signature, date of birth, sex, height, weight, race, and address and telephone number of the person with whom the transaction is made;
(i) The type and identifying number of identification used by the person with whom the transaction was made, which shall consist of a valid driver’s license or identification card issued by any state or two pieces of identification issued by a government agency, one of which shall be descriptive of the person identified. At all times, one piece of current government-issued picture identification will be required;
(d) The address of the place from which the property was last removed;
(e) An accurate description of the property bought or consigned which shall include the name of the maker of such property or manufacturer thereof and the serial number, model number or name or initials, engraving, size, pattern, and color of stone or stones, or any other inscriptive or identifying marks, and in the case of firearms, the caliber, barrel length, and type of action, and whether it is a pistol, rifle or shotgun; provided, that when the article received is furniture or the contents of any house or room, actually inspected on the premises where the sale is made, the general description of the property shall be sufficient; and
(f) The price or amount paid for the property purchased.
(3) Transcript Required. Upon request, every pawnbroker shall deliver to the Burien police department, at the close of every business week, a full, true and correct transcript of the record of all transactions occurring during the preceding week. Secondhand goods taken on consignment or trade-in will be recorded in the same manner as goods purchased outright. These transactions shall be recorded on such forms as may be provided and in such format as may be required by the Burien police department. This information may be transmitted to the Burien police department electronically, by facsimile transmission, or by modem or similar device, or by delivery of computer disk subject to the requirements of and approval by the Burien police department.
(4) Duty to Report. It is also the duty of any pawnbroker having good cause to believe any property in his possession has been previously lost or stolen, to report such act to the Burien police department immediately, together with the name of the owner, if known, and the date and name of the person from whom the same was received by such pawnbroker.
(5) No Sale within 30 Days. No pawnbroker shall sell or dispose of any article received or purchased by him or permit the same to be removed from his place of business within 30 days after the receipt of such goods has been reported to the Burien police department as provided herein, except when the goods have been inspected by regular members of the Burien police department, and they have authorized the pawnbroker to dispose of such goods within a lesser period of time; provided, that consigned property sold at auction of a resale value of $75.00 or less need only be held for three days prior to sale.
(6) Certain Transactions Prohibited. It is unlawful for any pawnbroker, his clerk or employee to purchase or receive any article or thing:
(a) Known by him to be stolen;
(b) From any person who is under 18 years of age;
(c) From a person who appears to be under the influence of drugs or alcohol;
(d) From any person who is known to be a thief, or a receiver of stolen property, or from any person who he has reason to suspect or believe to be such; or
(e) Where the manufacturer’s make, model or serial number, personal identification number, or identifying marks engraved or etched upon an item of personal property has been removed, altered or obliterated.
(7) Stolen Property.
(a) Upon notification from a person claiming to be the rightful owner of an item of property that the item rightfully belongs to him, a pawnbroker or employee of a pawnbroker shall not remove, sell or dispose of the item of property until the Burien police department verifies that the item of property is or is not an item of stolen property. If verified as an item of stolen property, the process set out in subsection (7)(b) of this section shall occur. If not verified as an item of stolen property, this item is released and the pawnbroker may remove, sell, or dispose of the item of property.
(b) Following notification from a law enforcement agency that an item of property has been reported as stolen, the pawnbroker shall hold that property intact and safe from alteration, damage, or commingling. The pawnbroker shall place an identifying tag or other suitable identification upon the property so held. Property held shall not be released for 120 days from the date of police notification unless released by written consent of the applicable law enforcement agency or by order of a court of competent jurisdiction. In cases where the applicable law enforcement agency has placed a verbal hold on an item, that agency must then give written notice within 10 business days. If such notice is not received within that period of time, then the hold order will cease. The pawnbroker shall give a 20-day written notice before the expiration of the 120 days, then the hold on the property shall continue for an additional 120 days. The applicable law enforcement agency may renew the holding period for additional 120-day periods as necessary. After the receipt of notification from a pawnbroker, if an additional holding period is required, the applicable law enforcement agency shall give the pawnbroker written notice, prior to the expiration of the existing hold order. A law enforcement agency shall not place on hold any item of personal property unless that agency reasonably suspects that the item of personal property is a lost or stolen item. Any hold that is placed on an item will be removed as soon as practicable after the item on hold is determined not to be stolen or lost. [Ord. 450 § 4, 2006; Ord. 367 § 6(C), 2002]
5.10.080 Regulations – Charitable solicitations.
(1) Repealed by Ord. 564.
(2) Credentials. All persons to whom charitable solicitation permits have been issued shall furnish to each of their agents and solicitors credentials approved as to form by the city manager or his designee. Such credentials shall include the permit number, the name and telephone number of the permit holder, the purpose of the solicitation, the signature of the applicant, and the name, address and signature of the solicitor to whom such credentials are issued, and the period of time during which the solicitor is authorized to solicit on behalf of the permit holder. The city manager or his designee may authorize the use of the identification approved by the Director of the Department of Motor Vehicles for the State of Washington for any person or organization validly registered under the charitable solicitation law; provided the above information appears thereon. It is unlawful for any person to solicit under any such charitable solicitation permit without having in his possession the credentials required by this section. The credentials must be shown, upon request, to all persons solicited or to any Burien police officer or agent of the city manager or his designee.
(3) Written Receipts Required. Any person receiving money or anything having a value of $1.00 or more from any contributor under a solicitation made pursuant to a charitable solicitation permit shall, upon request, give to the contributor a written receipt signed by the solicitor showing plainly the name and permit number of the person under whose permit the solicitation is conducted, the date and the amount received; provided, however, that this section shall not apply to any contributions collected by means of a closed box or receptacle used in solicitation with the express approval of the city manager or his designee.
(4) Repealed by Ord. 450.
(5) Repealed by Ord. 450.
(6) Religious Solicitations – Certificate of Registration – Required.
(a) No person shall solicit contributions for any religious purpose within the city of Burien without a certificate of registration issued by the city manager or his designee; provided, however, that the provisions of this subsection shall not apply to solicitations by any religious organization conducted among the members thereof by other officers or members voluntarily and without remuneration for making such solicitations, or to solicitations for or collections of contributions at the regular assemblies, meetings or services of such organizations. Application for a certificate shall be made to the city manager or his designee upon forms provided by him. Such application shall be sworn to or affirmed, and shall contain the following information, or in lieu thereof, a statement of the reason or reasons why such information cannot be furnished:
(i) The name and local address or headquarters of the person applying for the certificate;
(ii) If applicant is not an individual, the names and addresses of the applicant’s principal officers and managers and a copy of the resolution, if any, authorizing such solicitation, certified to as a true and correct copy of the original by the officer having charge of applicant’s records;
(iii) The purpose for which such solicitation is to be made, the total amount of funds proposed to be raised thereby, and the use or disposition to be made of any receipts therefrom;
(iv) The name and address of the person or persons by whom the receipts of such solicitation shall be disbursed;
(v) The name and address of the person or persons who will be in direct charge of conducting the solicitation and the names of all promoters connected or to be connected with the proposed solicitation;
(vi) The method to be used in conducting the solicitation;
(vii) The time when such solicitation shall be made, giving the dates for the beginning and ending of such solicitations;
(viii) The estimated cost of the solicitation;
(ix) The amount of any wages, fees, commissions, expenses or emoluments to be expended or paid to any person in connection with such solicitations, and the names and addresses of all such persons;
(x) A financial statement for the last preceding fiscal year of any funds solicited by the applicant for religious purposes from the public pursuant to a certificate of registration hereunder, said statements giving the amount of money so raised, together with the cost of raising it, and final distribution thereof;
(xi) A detailed statement of the religious work being done by the applicant within Burien;
(xii) A statement to the effect that the certificate will not be used or represented in any way as an endorsement by the city of Burien or by any department or officer thereof.
(b) If, while any application is pending or during the term of any certificate granted thereon, there is any change in fact, policy or method that would alter the information given in the application, the applicant shall notify the city manager or his designee in writing thereof within 24 hours after such change.
(7) Religious Solicitations – Certificate of Registration – Regulations. Upon receipt of such application, the city manager or his designee shall issue the applicant a certificate of registration. The certificate shall remain in force and effect for a period of six months after the issuance thereof, and shall be renewed upon the expiration of this period upon the filing of a new application as provided for in BMC 5.10.030(1)(e) and (3). Certificates of registration shall bear the name and address of the person by whom the solicitation is to be made, the number of the certificate, the date issued and a statement that the certificate does not constitute an endorsement by the city of Burien or by any of its departments or officers of the purpose or the person conducting the solicitation. All persons to whom certificates of registration have been issued shall furnish credentials to their agents and solicitors in the same manner and subject to the same conditions as set forth in subsection (2) of this section relating to credentials to solicit for charitable purposes. No person shall solicit under any such certificate of registration without such credentials in his possession, and such person shall, upon demand, present these credentials to any person solicited or to the city manager or his designee or to any police officer of Burien.
(8) Fraudulent Misrepresentation and Misstatements Prohibited. It is unlawful for any person to directly or indirectly solicit contributions for any purpose by misrepresentation of his name, occupation, financial condition, social condition or residence, and no person shall make or perpetrate any other misstatement, misrepresentation, deception or fraud in connection with any solicitation of any contribution for any purpose in the city of Burien or in any application or report filed in connection therewith. [Ord. 564 § 4, 2012; Ord. 450 § 5, 2006; Ord. 367 § 6(D), 2002]
5.10.090 Regulations – Outdoor entertainment.
(1) Conditions for Permit Issuance. In addition to the provisions stated here, Chapter 12.17 BMC, Right-of-Way Use Code – General Provisions, and Chapter 12.18 BMC, Right-of-Way Use Code – Permits, shall apply.
(2) Sanitary Facilities. No permit shall be granted under BMC 5.10.030, unless the applicants obtain the written approval of the King County health department indicating that the applicants for the permit have complied with the health requirements of the department for like or similar facilities. The approval shall indicate the type and adequacy of water supply to be provided, the type and adequacy of toilet, waste collection and washing facilities to be provided, and if there is to be food served on the premises the type and adequacy of food preparation and food service facilities to be provided.
(3) Fire Prevention Standards. No permit shall be granted hereunder unless the applicant has shown that the Burien fire marshal has approved fire protection devices and equipment available at such assembly. Fire prevention standards shall be as set out in the Burien fire code.
(4) Hours of Operation. No outdoor musical assembly shall be conducted in the city of Burien during the hours of 12:01 a.m. and 9:00 a.m.; provided, that no license shall be issued for more than one 48-hour period ending at midnight. The participants shall be required to have cleared the licensed area and its immediate environs no later than 1:00 a.m. of each day of the licensed event. [Ord. 367 § 6(E), 2002]
5.10.100 Regulations – Peddlers/transient sales representatives and ice cream vendors.
(1) Generally.
(a) Applicants for a license under this chapter must file with the city clerk’s office a sworn application in writing on a form to be furnished by the city.
(b) All applications shall provide the following information on the application, with sufficient proof of identification:
(i) Name, date of birth and description of the applicant;
(ii) Address and telephone number;
(iii) A brief description of the business and the goods to be sold;
(iv) If employed or acting as an agent, the name and address of the employer or principal, together with the description of the exact relationship with the principal or employer;
(v) A description of vehicle including the license number;
(vi) A photograph of the applicant, taken within 60 days immediately prior to the date of filing the application, which picture shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner;
(vii) A statement as to whether or not the applicant has been convicted of any crime within the last 10 years, including misdemeanors, gross misdemeanors, or violations of any municipal ordinance, the nature of the offense, and punishment or penalty assessed therefor;
(viii) Such other information as may be required by the city.
(c) Any individual, corporation, partnership or other organization which acts as the principal or employer for individual peddlers/transient sales representatives or ice cream vendors shall obtain a permit as provided herein and shall provide the following information on the application in addition to any information required as set forth above:
(i) The applicant’s name, address and telephone number and names and addresses of all individuals who are employed by or acting as an agent for the applicant;
(ii) If a corporation, the names, addresses and telephone numbers of the corporation’s board of directors, principal officers and registered agent; provided, however, that the city manager or his designee may waive any portion of this requirement when disclosure would be unduly burdensome;
(iii) If a partnership, the names, addresses and telephone numbers of the partners;
(iv) A list of any criminal convictions during the past 10 years for the applicant, any owners of the business, and if a corporation, the board of directors and officers;
(v) Name, address and telephone numbers (business and home) of the individual, if applicable, acting as the manager for the applicants;
(vi) A list of all other cities, towns and counties where the applicant has obtained a peddler/transient sales or ice cream vendor license or permit or similar license or permit within the past five years; and
(vii) Such other information as may be required by the city.
(2) Investigation of Applicant – Issuance and Denial of Permit.
(a) The city clerk shall refer the application to the police department which shall determine the accuracy of the information contained in the application and conduct a criminal history background investigation of the applicant. Upon completion, the police department shall forward a recommendation for approval or denial to the finance department.
(b) If, as a result of the investigation, the character and business responsibility of the applicant are found to be satisfactory, the city clerk shall issue the permit to the applicant. The city clerk shall deny the applicant the permit if the applicant has:
(i) Committed any criminal act consisting of fraud or misrepresentations;
(ii) Committed any criminal act which, if committed by a permit holder, would be grounds for suspension or revocation of a permit;
(iii) Within the previous 10 years, been convicted of a misdemeanor or felony directly relating to the occupation of peddler/transient sales representative or ice cream vendor, including, but not limited to, those misdemeanors and felonies involving moral turpitude, fraud or misrepresentation;
(iv) Been refused a permit under the provisions of this chapter; providing, however, that any applicant denied a permit under the provisions of this chapter may reapply if and when the reasons for denial no longer exist; or
(v) Made any false or misleading statement in the application.
(c) The denial of a permit to an individual, corporation, partnership or other organization which serves as the employer or principal for individual peddlers/transient sales representatives or ice cream vendors shall be a sufficient basis to deny a permit to the individual applicants who are employed by or acting as an agent for the applicant.
(3) Use of Streets. No peddler, transient sales representative, or ice cream vendor shall have any exclusive right to any location in the public streets, nor be permitted a stationary location, nor be permitted to operate in any congested area where operations might impede or inconvenience the public. For the purpose of this section, the judgment of a police officer, exercised in good faith, shall be conclusive as to whether the area is congested or the public impeded or inconvenienced.
(4) Hours and Notice.
(a) No person shall engage in the business of ice cream vending between the hours of 8:00 p.m. and 10:00 a.m.
(b) No person shall engage in the business of peddling or transient sales between the hours of 7:00 p.m. and 10:00 a.m. or at any residence or business that has a clearly posted sign stating “No Peddlers,” “No Solicitors,” or words to that effect. [Ord. 564 § 5, 2012; Ord. 367 § 6(J) – (M), 2002]
5.10.110 Fee – Prorating.
The special activity license fee provided in BMC 5.10.030 shall be for the license year, as set forth in BMC 5.05.160. If the special activity commences operations at any time on or after February 1st of a license year, the fee for such license year shall be equal to one-half the applicable fee irrespective of when during the period from February 1st to July 31st of such license year such business commences operations and each applicant must pay the full or partial fee for the current license year or any portion thereof during which the applicant has engaged in business. [Ord. 367 § 7, 2002]
5.10.120 License – Term.
All licenses issued under this chapter shall be effective for the license year of issuance, except that a special event license issued pursuant to BMC 5.10.030(1)(h) shall be valid only for the duration of the event for which the license was issued. A license year shall be from August 1st through the following July 31st. Licenses issued shall be effective from the date of issue until the following July 31st, unless sooner suspended or revoked as provided in this chapter. [Ord. 450 § 6, 2006; Ord. 367 § 8, 2002]
5.10.130 License – Renewal.
All special activity licenses shall be renewed on or before July 31st of the year following the year of issuance, and each succeeding year, if the business is to be continued. Application for renewal shall be made on forms prescribed by the city manager or designee. [Ord. 367 § 9, 2002]
5.10.140 License – Penalty for late application.
Any applicant or licensee who shall fail to make application for special license activities, or for renewal of existing special license activities prior to July 31st of the applicable year, shall be subject to a penalty equal to one-half of the endorsement fee, if the application or renewal special activity license fee is 30 or more days delinquent. [Ord. 367 § 10, 2002]
5.10.150 License – General provisions.
General business license provisions including exemptions, penalties, appeal processes, assignability and transferability as amended in BMC 5.05.200 shall apply to special activity licenses. [Ord. 367 § 11, 2002]
5.10.160 Required – Display.
It is unlawful for any person to engage in or carry on any business activity in the city without first procuring a license as provided in this chapter. The license shall thereafter be prominently displayed in the place of business of the applicant. [Ord. 367 § 12, 2002]