Chapter 5.04
BUSINESS LICENSES
Sections:
5.04.100 Revocation of business license.
5.04.110 Special licenses – Additional requirements.
5.04.120 Penalty for violation.
5.04.130 Parades, athletic events, and other special events.
5.04.010 Definitions.
The following terms shall have the following meanings, except where the context clearly indicates that a different meaning is intended and except where any section of this chapter concerning a particular business contains a specific provision to the contrary. Terms not defined herein shall have their accepted and usual meaning.
“BLS” is the Business Licensing Service within the Washington State Department of Revenue providing business licensing services to the city.
“Business” includes all activities engaged in with the object of gain, benefit, or advantage to the person engaging therein or to another person or class, directly or indirectly, including any activity conducted for the sale of goods or providing of services for a profit.
“DRC” means the city development review committee.
“Engage in business” means to commence, conduct, or continue in business, or to exercise corporate or franchise powers as well as to liquidate a business when the liquidators thereof hold themselves out to the public as conducting such business. For out-of-city businesses, “engage in business” shall refer to the point of sale, not the point of delivery.
“License” shall include and be used interchangeably with the term “permit” and shall mean the official approval or authorization of the city to engage in business or to carry on or conduct a special event within the corporate limits of the city for which a license or permit is required pursuant to the provisions of this chapter.
“Person” shall include and be used interchangeably with the terms “company,” “corporation,” “individual,” “owner,” “partnership,” “proprietorship,” and “sole proprietorship” and shall mean any individual, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate, firm, joint venture, club, business trust, association, society, or group of individuals acting as a unit, whether mutual, cooperative, fraternal, religious, profit, nonprofit, or otherwise.
“Standard business” means to engage in a business in the city for a continuous period of 30 days or more.
“Temporary business” means to engage in business for a period of less than 30 days or to operate a business out of a vehicle, truck, trailer, other mobile unit, or from a building, structure, or leasehold improvement which is not taxed as a part of the real property on which the business is located. [Ord. 992B, 2018.]
5.04.020 License required.
A. No person shall engage in business in the city without first obtaining a license for such business.
B. For purposes of the license by this chapter, any person or business whose annual value of products, gross proceeds of sales, or gross income of the business in the city is equal to or less than $2,000 and who does not maintain a place of business within the city shall obtain a business license from the Washington Department of Revenue, at no cost. The threshold does not apply to regulatory license requirements or activities that require a specialized permit.
C. This section sets forth examples of activities that constitute engaging in business in the city and establishes safe harbors for certain of those activities so that a person who meets the criteria may engage in de minimis business activities in the city without having to pay a business license fee. The activities listed in this section are illustrative only and are not intended to narrow the definition of “engaging in business.” If an activity is not listed, whether it constitutes engaging in business in the city shall be determined by considering all the facts and circumstances and applicable law.
D. Without being all inclusive, any one of the following activities conducted within the city by a person, or its employee, agent, representative, independent contractor, broker, or another acting on its behalf, constitutes engaging in business and requires a person to register and obtain a business license:
1. Current and future business license holders;
2. Soliciting sales;
3. Making repairs or providing maintenance or service to real or tangible personal property, including warranty work and property maintenance;
4. Providing technical assistance or service, including quality control, product inspections, warranty work, or similar services on or in connection with tangible personal property sold by the person or on its behalf;
5. Soliciting, negotiating, or approving franchise, license, or other similar agreements;
6. Collecting current or delinquent accounts;
7. Picking up and transporting tangible personal property, solid waste, construction debris, or excavated materials;
8. Providing disinfecting and pest control services, employment and labor pool services, home nursing care, janitorial services, appraising, landscape architectural services, security system services, surveying, and real estate services including the listing of homes and managing real property;
9. Rendering professional services such as those provided by accountants, architects, attorneys, auctioneers, consultants, engineers, professional athletes, barbers, baseball clubs and other sports organizations, chemists, psychologists, court reporters, dentists, doctors, detectives, laboratory operators, teachers, and veterinarians;
10. Training or recruiting agents, representatives, independent contractors, brokers or others, domiciled or operating on a job in the city, acting on its behalf, or for customers or potential customers;
11. Delivering goods in vehicles owned, rented, leased, used, or maintained by the person or another acting on his/her behalf.
E. The city expressly intends that engaging in business include any activity sufficient to establish nexus for purposes of applying the license fee under the law and the constitutions of the United States and the state of Washington. Nexus is presumed to continue as long as the taxpayer benefits from the activity that constituted the original nexus-generating contact or subsequent contacts. [Ord. 992B, 2018.]
5.04.030 License application.
Applications for a standard business license shall be made through the Washington State Department of Revenue BLS website. Applications for a temporary license or special event license shall be made in writing to the city. [Ord. 992B, 2018.]
5.04.040 General provisions.
A. The provisions of this chapter shall apply to all business licenses of the city, except where a chapter concerning the particular business contains a specific provision to the contrary, in which case the specific provision shall apply.
B. This chapter shall not be interpreted as limiting the number of licenses that may be issued or as limiting the number of businesses of any particular kind that may be operated within the corporate limits of the city. No city officer or employee may refuse to issue a license because of the officer’s or employee’s belief that there are enough of a particular type of business in the city already.
C. Any business in the city, whether or not properly licensed, may be inspected by city officers and employees authorized to enforce provisions of ordinances relating to such business or to the premises upon or within which such business is conducted. In the absence of any emergency and in the absence of sound reasons whereby an inspection cannot be made within regular business hours, inspections shall be made during normal business hours. Immediately upon arriving at a place of business for the purpose of making an inspection, the city officer or employee making the inspection shall identify himself or herself and shall state that the purpose of the visit is to make an inspection. No person having control of any business premises shall refuse to permit a city officer or employee to enter for the purpose of making an inspection. If entry is refused, the city officer or employee shall leave and pursue appropriate legal action relating to the specific circumstance. Refusal by any applicant or licensee to allow inspection of any business premises shall be grounds to deny any related business license application and to revoke any previously issued business license.
D. No city ordinance relating to business licenses shall be interpreted as granting or attempting to grant to any city officer or employee any discretionary authority to issue a license or to refuse to issue a license. The license shall be issued to each applicant complying with all applicable Washington State laws and city ordinances and a license shall be refused for any applicant failing to comply with all such laws and ordinances.
E. No person shall be issued a city business license if the laws and regulations of the state of Washington or the United States government require such person to have a license or permit under state or federal law or regulation and such person does not possess such state or federal license or permit. [Ord. 992B, 2018.]
5.04.050 Fees.
A. The license fees for a business license shall be as provided in the city’s development regulations (CMC Title 17), Appendix Chapter A, Schedule of Fees and Charges.
B. The fee for a standard business license shall be paid in full at the time the application is submitted to BLS, and annually thereafter on or before its anniversary date. The fee for a temporary business license or special event license shall be paid in full at the time the application is submitted to the city. No license fee shall be prorated. The city may charge a 10 percent late fee for all license payments not timely made. [Ord. 992B, 2018.]
5.04.060 License duration.
A. The duration of a standard business license shall be one year from its date of issue. Provisions shall be made to stagger the anniversary dates such that the total number of business licenses issued by the city will expire approximately equally throughout the calendar year.
B. The duration of a temporary business license shall be the term designated by the applicant, not to exceed 30 continuous days. [Ord. 992B, 2018.]
5.04.070 Form – Display.
All business licenses issued under this chapter shall be designated “City of Chehalis Business License.” The person to whom said license is issued shall at all times prominently display the license in a conspicuous place accessible by the general public at the location of said business. Any person making contact with the general public in the city outside of the local business location, while representing a licensed business (e.g., contractors, sales representatives, solicitors, etc.), shall have a copy of said valid business license upon their person, and make said copy available for public inspection on request. [Ord. 992B, 2018.]
5.04.080 Exemptions.
A. If a person, or his/her employee, agent, representative, independent contractor, broker, or another acting on the person’s behalf, engages in no other activities in or with the city, but the following, it need not register and obtain a business license:
1. Garage sales, lawn sales, attic sales, rummage sales, flea market sales, or any other similar casual sale of tangible personal property conducted on an infrequent basis not to exceed three times per each calendar year and three days per event, and which is advertised by any means whereby the public at large is or can be made aware of said sale;
2. Persons selling personal property or providing a service pursuant to an order or process of a court of competent jurisdiction;
3. Persons acting in accordance with their powers and duties as public officials;
4. Any person selling or advertising for sale an item(s) of personal property which is specifically named or described in the advertisement in which separate items do not exceed five in number;
5. Persons, sales, or services arising out of community promotional events, farmer’s market located within the city, or any other community event determined by the DRC to be exempt from the requirements of this chapter;
6. Meeting with suppliers of goods and services as a customer;
7. Meeting with government representatives in their official capacity, other than those performing contracting or purchasing functions;
8. Attending meetings, such as board meetings, retreats, seminars, and conferences, or other meetings wherein the person does not provide training in connection with tangible personal property sold by the person or on its behalf. This provision does not apply to any board of director member or attendee engaging in business such as a member of a board of directors who attends a board meeting;
9. Renting tangible or intangible property as a customer when the property is not used in the city;
10. Attending, but not participating in, a “trade show” or “multiple vendor event”;
11. Conducting advertising through the mail;
12. Soliciting sales by phone from a location outside the city.
B. A seller located outside the city merely delivering goods into the city by means of common carrier is not required to register and obtain a business license; provided, that it engages in no other business activities in the city. [Ord. 992B, 2018.]
5.04.090 Location.
A business license issued pursuant to the provisions of this chapter shall contain the street address of the location of the business for which the license is issued if the primary business office is located within the city limits. Any business having no physical location within the city shall comply with the requirements of CMC 5.04.070, Form – Display. Any business that shall change its business location within the corporate limits of the city or operate its business at an additional business location within the corporate limits of the city shall make separate application for an amended business license for the new business location or additional business location. No fee shall be charged for the amended application. A business terminating or otherwise going out of business within the city shall be required to notify the city. [Ord. 992B, 2018.]
5.04.100 Revocation of business license.
A. A business license may be revoked by the city in the event the licensee shall fail to pay the license renewal fee, or shall fail to comply with any of the terms and provisions of any city ordinance, rule, regulation or condition of approval, including but not limited to, the Revised Code of Washington (RCW).
B. A business license may be revoked by the DRC upon a finding that a business constitutes a defined public nuisance (CMC 7.04.130), or has failed or refused to respond to any abatement notice issued to such premises or use.
C. The DRC is authorized to revoke any business license upon a finding that criminal activity has been perpetrated on or within a business premises by the licensee.
D. Except as provided in subsections (B) and (C) of this section, notice of revocation of a business license shall be mailed by the city to the licensee at the address of the licensee listed on the business license application by certified mail, return receipt requested, not less than 10 days prior to the effective date of such revocation. Said notice shall state the reason for revocation. In the event the reason for revocation shall be cured prior to the effective date of such revocation, the business license shall be reinstated. In the event the reasons stated for revocation are not cured prior to the effective date of revocation, the license shall be deemed revoked.
E. Any business license that has been revoked may only be reinstated by a finding by the DRC that either an error in the review process was made causing the revocation to occur initially, or the subject business has demonstrated that the conditions causing the revocation have been corrected.
F. Any licensee that has had a business license revoked may apply for a new business license for substantially the same, or a new, business. The city shall not be required to issue any such license unless the DRC finds that the application complies with all applicable regulations, and the conditions causing the original revocation have been corrected. [Ord. 992B, 2018.]
5.04.110 Special licenses – Additional requirements.
A. For-Hire Vehicles.
1. Definitions.
a. “For-hire driver” means any person in charge of or driving a taxicab carrying passengers or baggage for hire, as herein defined; provided, however, that the provisions of this chapter shall not apply to drivers of motor vehicles used in interstate commerce nor to drivers of motor vehicles operated by any municipal or privately owned and licensed transit system.
b. “Motor vehicle” means every self-propelled vehicle by or upon which any person may be transported or carried upon a public street, highway, or alley; provided, however, the provisions of this chapter shall not apply to vehicles used exclusively upon stationary tracks or rails or propelled by the use of overhead electric wires, or vehicles used by hotel or motel keepers to convey their guests to and from hotels or motels free of charge or reward and used exclusively for that purpose only.
c. “Taxicab” shall be synonymous with the term “for-hire vehicle” and means and includes every motor vehicle used for the transportation of passengers for hire not operated exclusively over a fixed and definite route and which is under the control of the person(s) transported therein. The term shall include any motor vehicle operated for compensation either wholly within the city or to or from a point outside the city.
2. For-Hire Driver’s Endorsement Required. No person, firm, partnership, or corporation owning, controlling, or engaged in a taxicab business shall employ as the driver of any taxicab or permit any taxicab to be operated by a driver who does not have in his possession a valid and subsisting for-hire driver’s endorsement issued by the police department.
3. For-Hire Driver’s Endorsement Qualifications. Each applicant for a for-hire driver’s endorsement must possess the following qualifications:
a. Be at least 21 years of age;
b. Possess a valid Washington driver’s license with proper endorsement;
c. Have no more than three traffic infraction violations and/or criminal traffic convictions within a five-year period immediately preceding the issuance of a for-hire driver’s endorsement;
d. Have no convictions for any alcohol or controlled substance offense and no addiction to the use of any alcohol or controlled substance;
e. Have no conviction of any offense involving moral turpitude or intent to defraud.
4. For-Hire Driver’s Endorsement Application Investigation. When an application for a for-hire driver’s endorsement, duly signed and sworn to and accompanied by the required certificate of a health officer, has been received, the chief of police shall investigate the statements contained therein and may obtain such other information concerning the applicant’s character, integrity, personal habits, past conduct, and general qualifications as will show the applicant’s ability and skill as a driver of a taxicab, and his honesty, integrity, and character for the purpose of determining whether the applicant is a suitable person to drive a taxicab within the corporate limits of the city. All applications for for-hire driver’s endorsement shall become null and void after 60 days from the date of filing of such application if the applicant for any reason fails or neglects to obtain an endorsement.
5. Display of Licenses and State Permits. Every owner or operator of a taxicab in the city shall at all times carry in such vehicle permits issued by the Washington State Department of Licensing showing such vehicle to be properly bonded for the protection of the public and also the licenses and endorsements issued pursuant to this chapter.
6. Trip Sheets.
a. Every person owning or operating a taxicab licensed by the city shall keep an accurate daily record on a trip sheet, the form and size to be determined and approved by the chief of police, for each shift such equipment is operated. All daily trip sheets shall be kept on file for a period of three years at the address for which the taxicab license is issued, unless otherwise specified or directed by the chief of police. All daily trip sheets shall be open for inspection by the chief of police at any time, either while carried in the taxicab or at the address of the licensee. It shall be unlawful for any person to fail to make available any trip sheet for inspection upon request by the chief of police.
b. The following information shall be contained on each trip sheet:
i. Driver’s name, as endorsed, and for-hire driver’s endorsement number;
ii. Driver’s residence address and telephone;
iii. Name of the vehicle’s owner and vehicle number;
iv. Date, time, and place of origin and dismissal of each trip;
v. Fare paid;
vi. Number of passengers paying or not paying and any other items for which a charge was or was not made;
vii. Beginning and ending odometer mileage of the vehicle for each shift worked;
viii. Beginning and ending time for each shift worked.
c. The driver of any taxicab shall, on request of any passenger paying him a fare for any trip, issue a receipt showing such information for the trip. Failure to keep an accurate daily trip sheet or the withholding of a trip sheet or fare moneys collected by a for-hire driver from his employer or his duly authorized agent shall be grounds for suspension or revocation of his for-hire driver’s endorsement.
7. Direct Route of Travel. Any driver of a taxicab employed to carry passengers to a definite point shall take the most direct route possible that will carry the passenger safely and expeditiously to the passenger’s destination.
8. Vehicle Inspection and Insurance. Every licensee shall, before commencing operation, file with the chief of police a certificate of inspection showing all vehicles licensed pursuant to this chapter to have been inspected by a reliable automotive concern approved by the chief of police and to be certified as safe for taxicab operation by the automotive concern. Annually thereafter the vehicle must be reexamined by a reliable automotive concern and recertified as to safety of operation pursuant to the terms and conditions of this chapter. In addition, every taxicab licensee shall, before commencing operation, file with the chief of police a liability and property damage insurance policy issued by an insurance company authorized to transact business in the state of Washington providing for property damage insurance in a sum of not less than $25,000 and for personal liability insurance in a sum of not less than $300,000 for the injury of one person or for injuries resulting from any one accident. In addition to the inspections provided herein, all vehicles operating under the authority of this chapter shall be available for inspection at any time and at any place by the chief of police, who shall order any taxicab to cease operation immediately if, in his determination, the vehicle is in an unsafe condition, and shall notify the operator or driver in writing thereof. No person shall drive or operate any taxicab without complying with the certification and insurance procedures set forth herein or which is in an unsafe condition or without proper equipment, as determined by the chief of police.
9. Endorsement Suspension and Revocation.
a. The chief of police is authorized and directed to enforce the terms and provisions of this section. If it is determined that any licensee has violated or failed to comply with any provision of this section, the chief of police shall make a written record of such findings, specifying therein the particulars of any such violation, and thereupon the endorsement of any such driver may be suspended or revoked for a period to be fixed by the chief of police, in which event the endorsement shall be surrendered to the chief of police. In the event of revocation of an endorsement, such endorsement shall be canceled, and in the event of a suspension, the endorsement shall be returned to the licensee after expiration of the period of suspension. Any revocation or suspension of an endorsement for violation of any of the provisions of this section shall be in addition to penalties otherwise provided for in this chapter.
b. Any applicant for an endorsement hereunder who shall be denied the issuance of an endorsement, or any licensee whose endorsement is revoked or suspended by the chief of police, shall have the right to appeal the denial of an endorsement or the revocation or suspension of an endorsement to the city council by filing with the city clerk a written notice of appeal within 10 days after the determination of denial of the issuance of an endorsement or the determination of a revocation or suspension of an endorsement. The notice of appeal shall specify an address at which the licensee may be given notice of hearing on the appeal.
c. After the filing of such appeal, the city clerk shall set a time and place, not more than 30 days from such notice of appeal, for hearing thereon. At the hearing, the licensee shall be entitled to appear in person and be represented by counsel and offer such evidence pertinent and material to the denial of the issuance of an endorsement or the revocation or suspension of an endorsement. Upon filing notice of appeal, the chief of police shall immediately submit to the city council such records, data, reports, and information as he has in his possession supporting the denial of the issuance of an endorsement or an order of suspension or revocation.
d. Immediately after such hearing, the city council shall determine whether the denial, revocation, or suspension shall be sustained and its action in that respect shall be final and conclusive in all respects. From the time of filing the written notice of appeal by the licensee until the hearing and action thereon by the city council, any order of the chief of police relative to a suspension or revocation shall be stayed.
B. Pawnbrokers and Second-Hand Dealers. Chapter 19.60 RCW, entitled “Pawnbrokers and Second-Hand Dealers,” as the same now appears or may hereafter be amended, is adopted by this reference. The chief of police shall require additional information from persons applying for a license for a pawnbroker or second-hand dealer. Such additional information shall include, but not be limited to, whether the applicant has ever been convicted of a crime, and if so, the time, place, and nature of the crime, and any other information he may deem necessary. The chief of police shall investigate each applicant for said license to determine whether or not he has found the applicant to be of good character. No license will be issued to any person who has been convicted of the offense(s) of burglary, robbery, theft, or of receiving stolen goods. No license granted shall be assignable or transferable.
C. Alarm System Operators and/or Operations, and Locksmiths. No license will be issued to any person who has been convicted of the offense(s) of burglary, robbery, theft, or of receiving stolen goods. No license granted shall be assignable or transferable.
D. Hulk Haulers, Scrap Processors, Motor Vehicle Wreckers, and Tow Truck Operators.
1. Chapter 46.79 RCW, entitled “Hulk Haulers or Scrap Processors Licenses,” enacted by Laws of 1971, Extraordinary Session, Chapter 110, as the same now appears or may hereafter be amended, is adopted by this reference.
2. Chapter 46.80 RCW, entitled “Motor Vehicle Wreckers,” enacted by Laws of 1977, Extraordinary Session, Chapter 253, as the same now appears or may hereafter be amended, is adopted by this reference.
3. Chapter 46.55 RCW, entitled “Abandoned, Unauthorized, and Junk Vehicles ... Tow Truck Operators,” enacted by Laws of 1985, Chapter 377, as the same now appears or may hereafter be amended, is adopted by this reference.
E. Mobile Ice Cream Vendors.
1. Definition. “Mobile ice cream vendor” means a person, firm or corporation, either as a principal or agent, which engages in the mobile vending of prepackaged ice cream and/or frozen novelty items for immediate human consumption who conducts business from a vehicle or other conveyance upon public streets, sidewalks, alleys, or other public ways of the city.
2. Form-Display. All licenses for mobile ice cream vendors issued by the city shall be prominently displayed upon all vehicles from which a mobile ice cream vendor conducts business. No license shall be issued to a mobile ice cream vendor selling from a truck or other motor vehicle unless the vehicle is licensed by the Washington State Department of Labor and Industries (L&I) as a mobile food vending unit and displays the permanent metal insignia issued by L&I upon the vehicle.
3. Restrictions.
a. No mobile ice cream vendor shall sell or vend from his or her vehicle, or conveyance:
i. Within 400 feet of a public or private school grounds during the hours of regular school session, classes, or school-related events in said public or private school, except when authorized by said school.
ii. Within 300 feet of a city park, except when authorized by the city.
iii. On any main roads, including but not limited to Market Boulevard, Main Street, National Avenue, Kresky Avenue, Chamber Way, Louisiana Avenue, Arkansas Way, State Street, or Jackson Highway.
iv. Within the central business district of Chehalis.
b. No customer shall be served on the street side of the mobile ice cream unit. All service must be on the curb side when the mobile ice cream unit is on or abutting a public street.
c. The hours of operation for mobile ice cream vendors shall be from 10:00 a.m. to dusk.
4. Compliance.
a. All mobile ice cream vendors shall comply with Lewis County Health Department regulations when applicable (if serving anything other than prepackaged items).
b. No mobile ice cream vendor shall conduct business so as to violate any ordinances of the city, including but not limited to those regulating traffic and rights-of-way, obstructing the road, causing a hazard, noise restrictions, or any regulation in CMC Title 7, as now in effect or hereafter amended.
F. The chief of police is authorized to conduct background investigations on applicants applying for a special business license. A fee for said background investigations may be collected from each applicant applying for said special license as established in the city’s development regulations (CMC Title 17), Appendix Chapter A, Schedule of Fees and Charges. [Ord. 992B, 2018.]
5.04.120 Penalty for violation.
Any person engaging in any business activity within the corporate limits of the city without being licensed therefor pursuant to the terms and provisions of this chapter, or, having previously been licensed therefor, conducts a business under a license that has been revoked, or violates any of the other terms and provisions of this chapter, shall, upon conviction, be fined in a sum not to exceed $1,000. [Ord. 992B, 2018.]
5.04.130 Parades, athletic events, and other special events.
A. Definitions.
“Special events” include any activity which is to be conducted on public property or on a public right-of-way; any event held on private property which would have a direct significant impact on traffic congestion; or traffic flow to and from the event over public streets or right-of-way; or which would significantly impact public streets or right-of-way near the event; or which would significantly impact the need for city-provided emergency services, such as police, fire, or medical aid. It is presumed that any event on private property which involves an open invitation to the public to attend or events where the attendance is by private invitation of 100 or more people are each presumed to be an event that will have a direct significant impact on the public streets, right-of-way or emergency services. Special events might include but are not limited to: fun runs/walks, athletic competitions, auctions, bike-a-thons, public fundraisers, parades, carnivals, festivals, shows or exhibitions, film/movie events, circuses, block parties, and fairs.
“Special events protected under the First and Fourteenth Amendments” include any event involving political or religious activity intended primarily for the communication or expression of ideas.
“Use” shall mean to construct, erect, or maintain in, on, over, or under any street, right-of-way, park, or other public place any building, structure, sign, equipment, or scaffolding, to deface any public right-of-way by painting, spraying, or writing on the surface thereof, or to otherwise occupy in such a manner as to obstruct the normal public use of any public street, right-of-way, park, or other public place within the city, including a use related to special events.
B. Permit Required. A special event permit or authorization from the city is required for any event in a park, public place, or on private property where it will significantly impact public sidewalks, roadways, or services. A safety plan is required to be submitted with a special event permit. Such special event permit and safety plan shall be in addition to any street or park use, or other regular permits as may be required by ordinance.
Event permit applications for use of public parks must be made to and approved by the city’s recreation department; however, any impact to the right-of-way occasioned by the use of the parks may also require a right-of-way permit.
Primary traffic routes through the city such as Market Boulevard, Chehalis Avenue, State Street, Main Street, and National Avenue, as well as primary traffic routes around the core downtown business area, will only be considered for closure when the event is organized by a recognized community organization and the event serves a broader community purpose. For example, the summer festival organized by local nonprofit organizations and the holiday parade held by the Chamber of Commerce.
When such an event will be an exercise of rights protected by the First and Fourteenth Amendments to the United States Constitution, the application shall be processed promptly, without charging a fee for political or religious activities or imposing terms or conditions that infringe upon constitutional freedoms, and in a manner that respects the liberty of applicants and the public.
A special event permit may not be required for the following:
1. Parades, athletic events, or other special events that are fully sponsored or conducted in full by the city (a review process through the DRC may still be applicable in these instances).
2. Funeral and wedding processions.
3. Groups required by law to be so assembled.
4. Gatherings of 30 or fewer people in a city park, unless merchandise or services are offered for sale or trade.
5. Temporary sales conducted by businesses, such as holiday sales, grand opening sales, or anniversary sales.
6. Garage sales and rummage sales by private property owners on private property per CMC 5.04.080.
7. Other similar events and activities which do not directly affect or use city services or right-of-way property.
Any person desiring to sponsor a parade, athletic event, or special event should apply for a special event permit by filing an application with the city at least 28 days prior to the date on which the event is to occur.
Waiver of Application Deadline. Upon a showing of good cause or at the discretion of the DRC or city, the city shall consider an application that is filed after the filing deadline if there is sufficient time to process and investigate the application and obtain police and other city services for the event. Good cause can be demonstrated by the applicant showing that the circumstance that gave rise to the permit application did not reasonably allow the participants to file within the time prescribed, and the event is for the purpose of exercising rights under the First and/or Fourteenth Amendments of the United States Constitution.
C. Grounds for Denial of Application. The city may deny an application for a special event permit if:
1. The applicant provides false or misleading information.
2. The applicant fails to complete the application or to supply other required information of documents or the applicant declares or shows an unwillingness or inability to comply with the reasonable terms or conditions contained in the proposed permit.
3. The proposed event would conflict with another proximate event, interfere with construction or maintenance work in the immediate vicinity, or unreasonably infringe upon the rights of abutting property.
4. The proposed event would unreasonably disrupt the orderly or safe circulation of traffic and would present an unreasonable risk of injury or damage to the public.
5. There are not sufficient safety personnel or other necessary city staff to accommodate the event.
In the event subsection (C)(3) or (4) of this section applies, the city shall offer the applicant the opportunity to submit an alternative date or place for the proposed event before denying the application.
D. Permit Conditions. The city may condition the issuance of a special event permit by imposing reasonable requirements concerning the time, place, and manner of the event, and such requirements as are necessary to protect the safety and rights of persons and property, and the control of traffic.
The following conditions apply to all special event permits:
1. Alteration of the time, place, and manner of the event proposed on the event application.
2. Conditions concerning the area of assembly and disbanding of an event occurring along a route.
3. Conditions concerning accommodation of pedestrians or vehicular traffic, including restricting the event to only a portion of the street or right-of-way.
Conditions on special event permits not protected under the First and Fourteenth Amendments of the U.S. Constitution include, but are not limited to:
1. There shall be no items thrown from roadway to sidewalk, this includes candy during a parade.
2. Requirements for the use of traffic cones or barricades.
3. Requirements for the provision of first aid or sanitary facilities.
4. Requirements for use of event monitors and providing notice of permit conditions to event participants.
5. Restrictions on the number and type of vehicles, animals, or structures at the event, and inspection and approval of floats, structures, and decorated vehicles for fire safety.
6. Compliance with animal protection ordinances and laws.
7. Requirements for use of garbage containers, cleanup, and restoration of city property.
8. Restrictions on the use of amplified sound and compliance with noise ordinance, regulations, and laws including but not limited to CMC 7.04.130.
9. Notice to residents and/or businesses regarding any activity which would require a street closure. It shall be the responsibility of the applicant to notify impacted property and/or business owners who would be affected.
10. Restrictions on the sale and/or consumption of alcohol.
11. Elimination of an activity which cannot be mitigated to a point as to ensure public safety and welfare, or which causes undue liability risk to the city.
12. Requirements regarding the use of city personnel and equipment.
13. Compliance with any other applicable federal, state, or local law or regulation.
E. Appeal Procedure. The applicant shall have the right to appeal the denial of a permit or a permit condition, including the amount of fees or clean-up deposits imposed pursuant to subsection (F)(3) of this section, Fees for City Services When Needed or Determined by DRC, and subsection (G) of this section, Cleanup Deposits.
If an applicant wishes to appeal the DRC decision, a written notice shall be given to the DRC listing the reasons approval for the permit should be granted. The DRC shall review at the next meeting and issue a decision.
Should the applicant wish to appeal the DRC decision, a written notice of appeal shall be filed with the city manager within three business days after receipt or personal delivery of a notice of denial or permit conditions from the city. The written notice of appeal shall set forth the specific grounds for the appeal and attach any relevant documents for consideration. The city manager shall hear the appeal provided from the designated city official and the applicant. The appeal shall be scheduled no later than 14 business days after receipt of a timely and proper notice of appeal.
Should the applicant wish to appeal the city manager’s decision, the applicant may appeal the decision to the hearings examiner pursuant to the procedure contained in CMC 17.09.160. The decision of the hearings examiner shall be final.
F. Indemnification Agreement, Insurance, and Fees. No indemnification agreement or insurance requirement shall be imposed when prohibited by the First and Fourteenth Amendments to the United States Constitution. Political or religious activity intended primarily for the communication or expression of ideas shall be presumed to be a constitutionally protected event.
1. Indemnification Agreement. Prior to the issuance of a permit for a special event not protected under the First and Fourteenth Amendments of the U.S. Constitution, the permit applicant and authorized officer of the sponsoring organization must agree to reimburse the city for any costs incurred by it in repairing damage to city property and indemnify, defend, and hold the city, its officers, employees, volunteers, and agents harmless from all causes of action, claims, or liabilities occurring in connection with the permitted event, except those which occur due to the city’s sole negligence.
2. Insurance. The following insurance shall be required in connection with the issuance of a permit for a special event not protected under the First and Fourteenth Amendments of the U.S. Constitution.
a. Commercial general liability insurance with minimum limits of $1,000,000 per occurrence; and
b. Two million dollars general aggregate unless waived by the city.
The community development department is authorized and directed to require written proof of such insurance prior to permit issuance. The insurance policy shall be written on an occurrence basis, shall name the city as an additional insured using ISO form CG 20 26, or coverage at least as broad, shall be written for a period not less than 24 hours prior to the event and extending for a period not less than 24 hours following the completion of the event. The applicant shall provide the city and all additional insureds for the event with written notice of any policy cancellation within two business days of their receipt of such notice.
3. Fees for City Services When Needed or Determined by DRC.
a. Upon approval of an application for a permit for a special event not protected under the First and Fourteenth Amendments of the U.S. Constitution, the DRC shall provide the applicant with a statement of the estimated cost of providing city personnel and equipment. The applicant/sponsor of the event shall be required to prepay these estimated costs for city services and equipment 10 days prior to the special event. City services and equipment may include the use of police officers and public employees for traffic and crowd control, pickup and delivery of traffic control devices, picnic tables, extraordinary street sweeping, and any other needed, requested, or required city services and the cost of operating the equipment to provide such services.
b. If the actual cost for city services and equipment on the date(s) of the event is less than the estimated cost, the applicant/sponsor will be refunded the difference by the city in a timely manner. If the actual cost for city services and equipment on the date(s) of the event is greater than the estimated cost, the applicant/sponsor will be billed for the difference.
c. Permit fees and fees for the use of city services and equipment may be waived in part or in full by the city if in review of the application it is found that the event is of sufficient public benefit to warrant the expenditure of city funds without reimbursement by the applicant/sponsor and would not result in the private financial gain of any individual or “for-profit” entity.
G. Cleanup Deposits. The applicant/sponsor of an event, not protected under the First and Fourteenth Amendments of the U.S. Constitution, involving the sale of food or beverages for immediate consumption, erection of structures, horses or other large animals, water aid stations, or any other event likely to create a substantial need for cleanup, may be required to provide a cleanup deposit prior to the issuance of a special event permit.
The cleanup deposit may be returned after the event if the area used for the permitted event has been cleaned and restored to the same condition as existed prior to the event.
If the property used for the event has not been properly cleaned or restored, the applicant/sponsor shall be billed for the actual cost by the city for cleanup and restoration. The cleanup deposit shall be applied toward the payment of the bill.
H. Revocation of Permits. Any permit issued under this chapter may be summarily revoked by the city at any time when, by reason of disaster, public calamity, riot, or other emergency or exigent circumstances, the city determines the safety of the public or property requires such immediate revocation. The city may also summarily revoke any permit issued pursuant to this chapter if the city finds that the permit has been issued based upon false information or when the permittee exceeds the scope of the permit or fails to comply with any condition of the permit. Notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or certified mail at the address specified by the permittee in the application or by any means approved by the applicant, such as email or telephone.
I. Violation – Penalty. It shall be unlawful for any person to sponsor or conduct a special event requiring a special event permit pursuant to this chapter unless a valid permit has been issued and remains in effect for the event. It is unlawful for any person to participate in such an event with the knowledge that the sponsor of the event has not been issued a required, valid permit or with knowledge that a once valid permit has expired or been revoked.
The special event permit authorizes the permittee/sponsor to conduct only such an event as is described in the permit, and in accordance with the terms and conditions of the permit. It is unlawful for the permittee/sponsor to willfully violate the terms and conditions of the permit, or for any event participant with knowledge thereof to willfully violate the terms and conditions of the permit or to continue with the event if the permit is revoked or expired.
Any person or organization violating the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a penalty of a fine of not more than $500.00. [Ord. 992B, 2018.]
5.04.140 Savings clause.
If any section, sentence, clause, phrase, part, or portion of the ordinance codified in this chapter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter. [Ord. 992B, 2018.]
5.04.150 Repeal.
Ordinance 701-B, passed the 27th day of August, 2001, Section 2, Ordinance 847-B, passed the 28th day of September, 2009, and Ordinance 959-B, passed the 11th day of July, 2016, codified as Chapter 5.04 CMC, shall be, and the same hereby are, repealed. [Ord. 992B, 2018.]
5.04.160 Effective date.
The effective date of the ordinance codified in this chapter shall be the 31st day of October, 2018. [Ord. 992B, 2018.]