Chapter 5.05 SPECIAL LICENSES

A. “Amusement device” means any coin-operated or remote-controlled machine, device, contrivance, apparatus or appliance, mechanical, electrical or hand-propelled, designed to be used in whole or in part as an instrument or instrumentally for engaging in the use and exercise of skill by one or more persons in playing a game for the amusement and entertainment of the player or players and which is maintained commercially for such purpose.

B. “Amusement device place” means any place offering amusement devices for play or entertainment.

C. “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” include live entertainment, music (other than mechanical), boxing or wrestling, exhibition skating, bowling alleys, amusement parks and carnivals.

D. “Billiard table” is 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.

E. A “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.

F. “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.

G. “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.

H. “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.

I. “Endorsement” shall mean the licensing approval given to one activity.

J. “Massage” means the treatment of a human body by another by the external manipulation or pressure of soft tissue. Massage includes the rubbing, kneading, touching, stroking, or tapping by manual means as they relate to massage with or without the aids of superficial heat, cold, water, lubricants, or salts.

K. “Massage business” means the operation of a business where massages are given.

L. “Massage practitioner” means a person engaged in the practice of massage.

M. “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.

N. “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.

O. “Pawnshop” means every place at which the business of a pawnbroker is being carried on.

P. “Peddler” or “transient business” shall be governed by Chapter 5.25 MVMC.

Q. “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.

R. A “pool table” is 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.

S. “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.

T. “Public dance” means any dance which is open to the public and which is held and conducted for a profit, direct or indirect.

U. “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.

V. “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.

W. “Sale and benefit affair” means and includes, but is not limited to, an 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.

X. “Secondhand dealer” means any person who as a business engages in the purchase, sale, trade, barter, auction, sale on consignment, or otherwise exchanges secondhand goods, or who keeps a store, shop, room or other place where secondhand goods of any kind or description are bought, sold, traded, bartered, pledged, pawned, auctioned, sold on consignment, or otherwise exchanged, including persons conducting garage sales at their residence more than six days per year.

Y. “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.

Z. “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 include:

1. Any oral or written request;

2. The distribution, circulation, mailing, posting or publishing of any handbill, written advertisement or publication;

3. 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;

4. 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. O-15-572 § 3; Ord. O-12-493 § 1; Ord. O-11-461 § 1; Ord. O-00-140 § 1; Ord. O-99-106 § 1).

5.05.020 Prohibited activities – Exemptions.

A. Transient sales are governed by Chapter 5.25 MVMC. The following activities are not prohibited by this chapter or Chapter 5.25 MVMC, and are not required to comply with the licensing requirements of this chapter:

1. Farmers who peddle fruit, vegetables, berries, eggs, or any farm produce or edibles raised, gathered, produced or manufactured by such person; provided, that nothing herein authorizes any person to sell, deliver or peddle any dairy product, meat, poultry, eel, fish, mollusk or shellfish without a license;

2. Any person who is specifically requested by a potential buyer to visit or call for the purpose of displaying or purchasing goods or literature or giving information about any article, service or product;

3. Charitable, religious or nonprofit organizations or corporations which have received tax exempt status under 26 U.S.C. 501(c)(3), have registered as a charitable organization pursuant to Chapter 19.09 RCW, or other similar civic, charitable or nonprofit organizations;

4. Newspaper carriers under 18 years of age;

5. 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 are submitted to the City, in advance of the civic event, to be maintained in the City records;

6. Peddlers operating at a Saturday or “farmers’” 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 are provided in advance to the City of Maple Valley to be maintained in the City records;

7. Sales conducted as “fundraisers” for youth athletic, scouting, or for school programs serving grades K through 12. 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.

B. Massage practitioners and massage businesses except for the following shall be prohibited within the City limits. The following activities are not prohibited and are not required to comply with the licensing requirements of this chapter:

1. State-licensed massage practitioners as defined under Chapter 18.108 RCW;

2. An individual giving a massage in his home to members of his immediate family;

3. Physicians, surgeons, chiropractors, osteopaths, acupuncturists, or physical therapists who are duly licensed or certified to practice their respective professions in the State of Washington;

4. Persons practicing massage under the direct supervision of physicians, surgeons, chiropractors, osteopaths, or physical therapists duly licensed by the State of Washington. “Direct supervision” shall mean that the massage is given on the premises of or in the presence of such physicians, surgeons, chiropractors, osteopaths, or physical therapists;

5. Nurses who are registered as such under the laws of the State of Washington and who act under the direction and control of a duly licensed physician;

6. Persons authorized by the laws of this State as barbers and cosmetologists; provided, that such massage as is practiced is within their authorized scope of practice;

7. Massage practiced at the athletic department of any institution maintained by the public funds of the State, or any of its political divisions; or

8. Massage practiced at the athletic department of any school or college accredited by the Northwest Association of Secondary and Higher Schools. (Ord. O-11-461 § 2; Ord. O-00-140 § 1; Ord. O-99-106 § 2).

5.05.030 Application and fees required.

A. 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 to conduct such business:

1. Amusement device places;

2. Amusement places;

3. Pool and billiard table places;

4. 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);

5. Secondhand dealers and pawnbrokers, except that the requirements of this chapter do not apply to the following:

a. Dealers in used clothing;

b. Dealers in used videos;

c. Dealers of used musical instruments;

d. Dealers of prepackaged rebuilt automotive parts;

e. 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;

f. 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;

g. 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;

6. Charitable solicitations; except the requirements of this chapter shall not apply to the following:

a. 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;

b. Any charitable organization which does not solicit and collect contributions in Maple Valley in excess of $2,500 in any one-year period and where all of such fundraising functions are carried on by persons who are unpaid for their services; and

7. Outdoor musical entertainment.

B. The application shall be upon a form furnished by the City.

C. 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 shall be $100.00 and each additional endorsement shall be $20.00. 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. O-15-572 § 4; Ord. O-00-140 § 1; Ord. O-99-106 § 3).

5.05.040 Regulations.

The following rules and regulations in MVMC 5.05.050 through 5.05.090 apply to the activities listed in MVMC 5.05.030 for which a special license is required. (Ord. O-00-140 § 1; Ord. O-99-106 § 4).

5.05.050 Amusement device places – Payoffs prohibited.

No amusement device or game table shall be used for the purpose of awarding any money or object of value other than free games or extended play, to the player or players, and shall not contain any mechanism which varies the chance of winning free games or the number of free games which may be won, depending on the number of coins inserted into the device; provided, that in no event shall a machine be so designed and equipped as to render it of practical utility only as a device to be used for gambling. (Ord. O-00-140 § 1; Ord. O-99-106 § 4(A)).

5.05.060 Public dance places.

A. Hours of Operation. No public dance or public dance hall shall be conducted, operated or maintained after the hour of 2:00 a.m.

B. Public Youth Dance – Hours of Operation – Age Restrictions – Penalty.

1. It shall be the responsibility of the person or entity conducting the public youth dance to ensure that adequate adult supervision is provided on the premises. For purposes of this subsection, “adequate adult supervision” shall mean a ratio of adults to persons under the age of 16 to adequately provide for the protection and safety of youth present.

2. 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.

3. Any person under the age of 18 years who shall by affirmative misrepresentation of age obtain admission to or permission to remain in any public youth dance in violation of this chapter shall be guilty of a misdemeanor.

C. 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. O-00-140 § 1; Ord. O-99-106 § 4(B)).

5.05.070 Secondhand dealers and pawnbrokers.

A. Records Required. Every secondhand dealer 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:

1. The date of the transaction;

2. The name of the person or employee conducting the transaction and making the entries required herein;

3. The nature of the transaction, a number identifying the transaction, the business identification as designated by the Maple Valley 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;

4. 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;

5. 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;

6. The address of the place from which the property was last removed;

7. 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

8. The price or amount paid for the property purchased.

B. Transcript Required. Upon request, every secondhand dealer shall deliver to the Maple Valley 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 Maple Valley Police Department. This information may be transmitted to the Maple Valley 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 Maple Valley Police Department.

C. Duty to Report. It is also the duty of any secondhand dealer having good cause to believe any property in his possession has been previously lost or stolen, to report such act to the Maple Valley 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 secondhand dealer.

D. No Sale within 30 Days. No dealer in secondhand goods 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 Maple Valley Police Department as provided herein, except when the goods have been inspected by regular members of the Maple Valley Police Department, and they have authorized the secondhand dealer 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.

E. Certain Transactions Prohibited. It is unlawful for any secondhand dealer, his clerk or employee, to purchase or receive any article or thing:

1. Known by him to be stolen;

2. From any person who is under 18 years of age;

3. From a person who appears to be under the influence of drugs or alcohol;

4. 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

5. 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.

F. Stolen Property.

1. Upon notification from a person claiming to be the rightful owner of an item of property that the item rightfully belongs to him, a secondhand dealer or employee of a secondhand dealer shall not remove, sell or dispose of the item of property until the Maple Valley 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 (F)(2) of this section shall occur. If not verified as an item of stolen property, this item is released and the secondhand dealer may remove, sell, or dispose of the item of property.

2. Following notification from a law enforcement agency that an item of property has been reported as stolen, the secondhand dealer shall hold that property intact and safe from alteration, damage, or commingling. The secondhand dealer 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 secondhand dealer 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 secondhand dealer, if an additional holding period is required, the applicable law enforcement agency shall give the secondhand dealer 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. O-00-140 § 1; Ord. O-99-106 § 4(C)).

5.05.080 Charitable solicitations.

A. Soliciting for Private Needs – Prohibited. No person shall solicit contributions for himself in or upon any public street or public place in the City of Maple Valley.

B. 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 Maple Valley police officer or agent of the City Manager or his designee.

C. 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.

D. Books and Records of Permit Holders. Every person to whom a charitable solicitation permit has been issued under this chapter shall maintain a system of accounting whereby all contributions and all disbursements are entered upon the books or records of such person’s treasurer or other financial officer. For each solicitation a separate folder containing all vouchers supporting the accounting and containing a record of all contributions and disbursements will be maintained and available for inspection by the City Manager or his designee for a period of one year from the end of the period of solicitation.

E. Financial Report. Within 30 days after completing solicitation, the holder of a charitable solicitation permit shall furnish the City Manager or his designee with a detailed financial report and statements showing the amount raised by solicitation under the permit, the amount expended in soliciting, including a detailed account of all wages, fees, commissions and expenses allowed or paid anyone in connection with such solicitation, and a statement of the disposition of the balance, and proof of such disposition shall be furnished to the City Manager or his designee on request. All moneys or things of value collected under such permit shall be reported. The financial report required by this section shall be submitted on a uniform form provided by the City Manager or his designee. The City Manager or his designee shall keep the report available for inspection by the public; provided, however, the City Manager or his designee may extend the time for filing of the report required by this section for an additional period of 30 days or longer upon proof that the filing of the report within the time specified will work unnecessary hardship on the permit holder. Any charitable organization having a one year permit shall file with the City Manager or his designee a copy of the independent certified audit of its financial books and records within 10 days after the same has been obtained.

F. Religious Solicitations – Certificate of Registration – Required.

1. No person shall solicit contributions for any religious purpose within the City of Maple Valley 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:

a. The name and local address or headquarters of the person applying for the Certificate;

b. 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;

c. 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;

d. The name and address of the person or persons by whom the receipts of such solicitation shall be disbursed;

e. 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;

f. An outline of the method to be used in conducting the solicitation;

g. The time when such solicitation shall be made, giving the dates for the beginning and ending of such solicitations;

h. The estimated cost of the solicitation;

i. 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;

j. 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;

k. A detailed statement of the religious work being done by the applicant within Maple Valley;

l. A statement to the effect that the Certificate will not be used or represented in any way as an endorsement by the City of Maple Valley or by any department or officer thereof.

2. 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.

G. 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 subsection (F)(1) of this section. 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 Maple Valley 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 (B) 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 Maple Valley.

H. 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 Maple Valley or in any application or report filed in connection therewith. (Ord. O-00-140 § 1; Ord. O-99-106 § 4(D)).

5.05.090 Outdoor entertainment.

A. Conditions for Permit Issuance.

1. Sanitary Facilities. No permit shall be granted under MVMC 5.05.030 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.

2. Fire Prevention Standards. No permit shall be granted hereunder unless the applicant has shown that the Maple Valley Fire Marshal has approved fire protection devices and equipment available at such assembly. Fire prevention standards shall be as set out in the Maple Valley fire code.

3. Cash Bond and Indemnification. No permit shall be issued hereunder unless the applicant has on deposit with the City Clerk a cash bond in the amount of $5,000 to save and protect the streets, pavements, bridges, road signs and other property in the county from any and all damage that may be caused by vehicles, employees, or participants in such outdoor musical assembly and to be used, if necessary, to restore the ground where such assembly is held to a sanitary condition and pay all charges and losses of the City for damages to the streets, pavements, bridges and other property. The City Manager may, in his or her discretion, request a bond in an amount higher than $5,000 for extraordinary circumstances which justify a higher bond amount. Further, any extraordinary law enforcement costs incurred by the City which are the result of the activity shall be met by the cash bond. The deposit or its balance to be returned when the City Manager or his designee certifies to the City Clerk that no damage has been done or that the cost of making the above mentioned repairs was less than the cash bond amount and that the balance thereof should be returned. Further, the sponsors shall be required to furnish evidence of a liability insurance policy providing for a minimum of $100,000 bodily injury coverage per person; $300,000 bodily injury coverage per occurrence and $100,000 property damage covering, naming Maple Valley as an additional insured.

4. Public Safety. No permit shall be granted hereunder unless the applicant obtained the written approval of the Maple Valley Police Department indicating that the following conditions have been complied with by the applicant:

a. That adequate traffic control and crowd protection policing have been contracted for or otherwise provided by the applicant;

b. That traffic control on roadways and crowd control personnel shall be fully commissioned law enforcement personnel;

c. That there shall be provided one traffic control person for each 400 persons expected or reasonably expected to be in attendance at any time during the event; and

d. No earlier than three calendar days preceding the event, and no later than two calendar days preceding the outdoor event, the sponsor of the event shall provide to the City in writing the number of ticket sales for the event for which the license is sought. The City Manager or his designee shall have the discretion to identify the number of crowd control personnel necessary to adequately provide for the health, safety and protection of the surrounding community, as well as for the protection of attendees of the event. There shall be a minimum of two fully commissioned law enforcement officers present at the event, unless waived by the City Manager. If at any time during the event the size of the crowd exceeds by 20 percent the number of ticket sales, the Maple Valley Police Department shall have the discretion to require the sponsor to limit further admissions.

Any person with more than a 10 percent proprietary interest in the event shall be required to be in attendance at the activity and shall be responsible for insuring that no person shall be allowed to remain on the premises if the person is violating State or City laws. Any such person having a duty to remove law violators who willfully fails to do so shall be deemed to be an aider or abettor of such violation.

5. Parking Facilities. Application for a permit hereunder shall be accompanied by a scale drawing showing adequate parking facilities have been made available within or adjacent to the location for which the permit is requested. Such parking facilities shall provide parking space for one vehicle for every four persons expected or reasonably expected. Adequate ingress and egress shall be provided to or from such parking area to facilitate the movement of any vehicle at any time to or from the parking area; provided, that if any nonadjacent parking facilities be approved, shuttle buses shall be used to transport the public to the event on a no-charge basis.

B. Hours of Operation. No outdoor musical assembly shall be conducted in the City of Maple Valley 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. O-00-140 § 1; Ord. O-99-106 § 4(E)).

5.05.100 Limited special uses.

Repealed by Ord. O-15-572. (Ord. O-00-140 § 1; Ord. O-99-106 § 4(F)).

5.05.110 Renewal.

Upon review and approval of the application, the City Clerk will issue a license to the applicant. The license shall grant to the applicant the privilege to conduct such business at a designated location in the City. Such license may be renewed by payment of the year’s fee prior to January 1st. (Ord. O-00-140 § 1; Ord. O-99-106 § 5).

5.05.120 Prorating fee.

The license fee set forth in this chapter shall be for the calendar year, and each person engaged in business must pay the full license fee either for the current year or portion thereof during which year or portion thereof he engages in business. (Ord. O-00-140 § 1; Ord. O-99-106 § 6).

5.05.130 Fee for late acquisition or renewal.

The license fee shall be increased for failure to acquire a license within 30 days of commencing business operations or for failure to renew said license within 30 days of expiration in the following amounts: first 30 days, $20.00; each 30 days thereafter, $20.00. (Ord. O-00-140 § 1; Ord. O-99-106 § 7).

5.05.140 Transferability.

The license granted in pursuance hereof shall be personal to the licensee and it shall not be assignable or transferable to any other person. (Ord. O-00-140 § 1; Ord. O-99-106 § 8).

5.05.150 Change in nature of business.

The license granted in pursuance hereof shall be used to conduct the business or type of business at the designated address for which such license is issued. Any change in the nature of the business shall necessitate a renewed application to the Council. (Ord. O-00-140 § 1; Ord. O-99-106 § 9).

5.05.160 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. O-00-140 § 1; Ord. O-99-106 § 10).

5.05.170 Failure to pay fee.

If any person engaged in business fails or refuses to pay the license fee for any year as herein provided, he shall not be granted a license for the current year until such delinquent license fees as set forth in MVMC 5.05.130 have been paid, in addition to the current years’ required fee. Such fees may be collected by the City by proper legal action brought for that purpose if any person engaged in business fails or refuses to pay the license fee. This remedy is cumulative and not exclusive. (Ord. O-00-140 § 1; Ord. O-99-106 § 11).

5.05.180 Denial – Revocation.

A. The City Manager or his designee may deny or revoke any license under this chapter for a period of up to one year, where one or more of the following conditions exist:

1. The license was procured by fraud or by a false or misleading representation of fact in the application, or in any report or record required to be filed with the City Clerk;

2. The applicant has received a conviction or bail forfeiture for a crime reasonably related to the activity for which the license was sought or for which the license issued;

3. The building, structure, equipment, operation or location of the business for which the license was issued does not comply with the requirements or standards of the Maple Valley Municipal Code; or

4. The license holder, his or her employee, agent, partner, director, officer or manager has knowingly violated any provisions of any chapter of the Maple Valley Municipal Code or has knowingly permitted, failed to prevent, or has otherwise allowed a violation of any of the provisions of any chapter of the Maple Valley Municipal Code to occur on his or her business premises.

B. Upon determination that grounds for denial, suspension or revocation of a license exist, the City Clerk shall send the license holder a notice of denial, suspension or revocation. Grounds for denial, suspension or revocation include repetition of a violation of any provision of the Maple Valley Municipal Code that has been accompanied by a warning notice of such violation or previous notice of the violation. The notice of denial, suspension or revocation shall set forth the grounds for denial, suspension or revocation and a statement advising that the person may appeal from the notice of denial, suspension or revocation to the City of Maple Valley Hearing Examiner; provided, that the appeal is made in writing and filed with the City Clerk within 10 days from the date of receipt of the notice of denial, suspension or revocation, and that failure to so appeal shall constitute a waiver of all rights to any additional administrative hearing or determination on the matter. Upon issuance of such notice, the license is suspended or revoked and is no longer valid and current, unless appealed as provided in this chapter, in which case the effect of the suspension or the revocation is stayed pending the outcome of the appeal.

C. Receipt of the Notice of Denial, Suspension or Revocation. The notice of denial, suspension or revocation shall be served upon the license holder either personally or by mailing a copy of such notice by certified mail, postage prepaid, return receipt requested to such license holder to his or her last known address as provided in the license application. Alternatively, the notice may be posted upon the premises where such license holder conducts his or her business, which is the subject of the denied or revoked license. (Ord. O-00-140 § 1; Ord. O-99-106 § 12).

5.05.190 Appeal of notice of denial, suspension or revocation.

Appeals from a notice of denial, suspension or revocation under this chapter shall be conducted in the same manner as appeals from a “Notice and Order,” King County Code Title 23, Enforcement, which has been adopted by the City of Maple Valley by reference. (Ord. O-00-140 § 1; Ord. O-99-106 § 13).

5.05.200 Violations.

A. A business’s first violation of this chapter shall result in a license suspension for 90 days.

B. A business’s second violation of this chapter shall result in a license suspension for 180 days.

C. A business’s third violation of this chapter shall result in the revocation of the license for one year. (Ord. O-00-140 § 1; Ord. O-99-106 § 14).

5.05.210 Penalties.

In addition to license suspension or revocation as described in MVMC 5.05.180, any violation of this chapter, or failure to comply with any of the requirements of this chapter, shall be subject to a civil penalty in an amount not to exceed $250.00 per violation to be directly assessed by the City Manager or his designee. The second violation of this chapter, or failure to comply with any of the requirements of this chapter within a one-year period shall be subject to a civil penalty in an amount not to exceed $500.00 per violation to be directly assessed by the City Manager. Any person who commits a third violation of this chapter or fails to comply with any of the terms of this chapter in a one-year period shall be guilty of a misdemeanor. The City Manager, in a reasonable manner, may vary the amount of the penalty assessed to consider the appropriateness of the penalty to the size of the business of the violator; the gravity of the violation; the number of past and present violations committed; and the good faith of the violator in attempting to achieve compliance after notification of the violation. All civil penalties assessed will be enforced and collected in accordance with the procedure specified under Title 23 of the King County Code, adopted by the City of Maple Valley by reference. (Ord. O-00-140 § 1; Ord. O-99-106 § 15).

5.05.220 Nuisance.

The conduct of any activity enumerated in MVMC 5.05.030 without a license as required by this chapter or contrary to law constitutes a nuisance and may be abated by the City, including closing of any premises upon which the nuisance occurs. (Ord. O-00-140 § 1; Ord. O-99-106 § 16).

5.05.230 Additional enforcement.

Notwithstanding the existence or use of any other remedy, the City Manager may seek legal or equitable relief to enjoin any acts or practices which constitute or will constitute a violation of any special license ordinance, business license ordinance, or other regulations herein adopted. (Ord. O-00-140 § 1; Ord. O-99-106 § 17).

5.05.240 Effect of denial or revocation.

No person or business may reapply for a business license merely by renaming the business. The denial or revocation of a license applies to any business entity, regardless of its name, that is operating under the same ownership and/or management and engages in substantially the same type of business enterprise as that of a business that has been previously denied a license or has had its license revoked under this chapter within a year of such application for a license. (Ord. O-00-140 § 1; Ord. O-99-106 § 18).

5.05.250 Regulation adoption and publication – Failure to comply.

The City Clerk shall have the power and it shall be his or her duty from time to time to adopt, publish and enforce rules and regulations not inconsistent with this chapter or with the law, for the purpose of carrying out the provisions hereof, and it is unlawful for any person to violate or fail to comply with any such rule or regulation. (Ord. O-00-140 § 1; Ord. O-99-106 § 19).