Chapter 12.25
TEMPORARY BUSINESSES1
Sections:
Article I. Generally
Article II. Registration
12.25.020 Temporary business registration required.
Article III. Regulations
12.25.050 Performance standards.
Article I. Generally
12.25.005 Purpose.
The city requires temporary businesses to be registered in order to track businesses for purposes of tax collection and compliance monitoring. It is unlawful for any person to conduct, operate, engage in, or practice any temporary business in the city that is conducted, operated, engaged in, or practiced in whole or in part from real property located within the city, without having first obtained a temporary business registration from the city. Notwithstanding any other provisions of this chapter, the granting of a temporary business registration shall not authorize any person to engage in any activity prohibited by federal, state, or local law or regulation.
(Ord. No. 12-717, § 2, 2-21-12.)
12.25.010 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. Terms not defined here are defined according to FWRC 1.05.020, or Chapter 19.05 FWRC, as applicable.
“Business” shall be as defined in FWRC 12.05.010.
“Temporary business” means all businesses of a short term or transitory nature, and/or fixed duration.
(Ord. No. 12-717, § 2, 2-21-12; Ord. No. 09-600, § 8, 1-6-09; Ord. No. 91-110, § 1, 11-5-91; Ord. No. 90-62, § 1, 6-19-90. Code 2001 § 9-386.)
Article II. Registration
12.25.020 Temporary business registration required.
(1) It is unlawful for any person to conduct, operate, engage in, or practice any temporary business in the city without having first obtained a temporary business registration, unless otherwise exempted.
(2) It is recognized that certain temporary businesses can also be Category I temporary uses as defined in Chapter 19.275 FWRC. Temporary use approval will not be required when a temporary business registration is required. However, the substantive temporary use provisions of Chapter 19.275 FWRC shall be satisfied prior to issuance of any temporary business registration.
(3) Residential zoning districts. A temporary business may occupy a site or operate within the city for no more than seven days per occurrence twice within any 365-day period, unless otherwise regulated. The city clerk may authorize up to one seven-day extension per occurrence if such extension will be consistent with the requirements of this chapter. Additional fees may apply.
(4) Nonresidential zoning districts. A temporary business may occupy a site for no more than 45 days, whether consecutive or nonconsecutive, within a calendar year. The city clerk may authorize up to one 15-day extension if such extension will be consistent with the requirements of this chapter. Any extension granted may be subject to additional fees. No more than one extension may be granted within any 365-day period.
(5) Roving mobile vendors. Roving mobile vendors involved in business such as door-to-door sales, sales from ice-cream trucks, or other businesses that do not have a fixed location(s) within the city shall be permitted to operate regardless of the zone for no more than 90 days, whether consecutive or nonconsecutive, after a temporary business registration is obtained. The city clerk may authorize up to one seven-day extension per occurrence if such extension will be consistent with the requirements of this chapter. Additional fees may apply. Businesses of this nature that operate for a period longer than described above must obtain a permanent business registration.
(6) If more than one temporary business is conducted, operated, engaged in, or practiced on a single premises, a separate registration shall be required for each separate business. If the same temporary business is conducted, operated, engaged in, or practiced by a business owner at two or more places within the city, that business owner may obtain one temporary business registration that lists all locations of the temporary business.
(Ord. No. 12-717, § 2, 2-21-12.)
12.25.030 Application.
(1) Prior to the requested date of commencement, the applicant shall submit the following information to the city clerk:
(a) Application for temporary business registration on forms provided by the city, including signed consent from the property owner;
(b) Site plan, if applicable; and
(c) Fees as applicable.
(2) The city clerk shall review the application for compliance with the performance standards set forth in FWRC 12.25.050 and 19.275.060, as applicable, and shall either issue the temporary business registration; condition the application so that it complies with performance standards and issue the temporary business registration; or deny the temporary business registration. Unless exempted from this article, no person may engage in or conduct a temporary business until a registration has been granted.
(Ord. No. 12-717, § 2, 2-21-12.)
12.25.040 Fee exceptions.
(1) The following temporary businesses or activities, if generally consistent with their surroundings, shall not be required to obtain a temporary business registration:
(a) Residential garage or yard sales of typical size and duration;
(b) Merchandise and food sales by scouts, guides and similar nonprofit organizations;
(c) Typical residential-based lemonade and similar stands;
(d) Charitable car washes; and
(e) Businesses/activities of a similar nature as determined by the city clerk.
(2) No fee shall be charged for the temporary business registration of the following types of businesses:
(a) Business activities carried on by nonprofit organizations, including but not limited to religious, civic, charitable, benevolent, nonprofit, cultural, school, or youth organizations;
(b) Any business or activity which is exempt from payment of such fees as prescribed by this chapter by virtue of applicable provisions of the federal or state constitution, or applicable federal or state statutes; or
(c) Any religious society, association, or corporation which operates any charitable hospital, clinic, or institution devoted exclusively to the care or healing of human beings.
(Ord. No. 12-717, § 2, 2-21-12; Ord. No. 91-110, § 2, 11-5-91; Ord. No. 90-62, § 2(A), 6-19-90. Code 2001 § 9-401.)
Article III. Regulations
12.25.050 Performance standards.
All temporary businesses shall comply with the following performance standards:
(1) In conducting the temporary business, the applicant shall comply with all county, state, and federal laws, and all city ordinances and resolutions that are applicable to the use or the conduct thereof.
(2) The applicant shall maintain a current Washington State License and U.B.I. number, as required by the state Department of Revenue, on file with the city for the duration of the temporary business.
(3) All temporary businesses shall obtain all required city permits, licenses, or other approvals, e.g., land use approval, building permits, sign permits, etc., prior to commencement of the business or occupancy of any site.
(4) No temporary business shall occupy or be conducted on public rights-of-way, parks, or other public lands in any manner, unless specifically approved by the mayor or designee. In the event that such occupation or use is authorized, the applicant shall be required to furnish liability insurance with the city as a named insured, in an amount to be determined by the mayor commensurate with the risk associated with the conduct of the temporary business.
(5) Temporary businesses shall also comply with applicable temporary use performance standards of FWRC 19.275.060.
(Ord. No. 12-717, § 2, 2-21-12; Ord. No. 91-110, § 2, 11-5-91; Ord. No. 90-62, § 2(B), (C), 6-19-90. Code 2001 § 9-402.)
Cross references: Penalty, FWRC 7.05.070; temporary uses, Chapter 19.275 FWRC.