Chapter 5.10
OCCUPATIONAL PERMITS
5.10.000 Chapter Contents
Sections:
5.10.010 Occupational permit – Required.
5.10.020 Definitions.
5.10.030 General requirements – Application procedure.
5.10.040 General occupational permit – Investigation of applicants.
5.10.050 General issuance and term of occupational permit.
5.10.060 General occupational permit – Revocation, suspension, or denial.
5.10.100 For-hire driver’s occupational permit – Additional application procedures.
5.10.110 For-hire driver’s occupational permit – Additional investigation of applicants.
5.10.120 For-hire driver’s occupational permit – Revocation, suspension, or denial.
5.10.130 For-hire driver’s occupational permit – Other violations.
5.10.200 Secondhand dealer/pawnbroker employee – Additional application procedures.
5.10.210 Secondhand dealer/pawnbroker occupational permit – Revocation, suspension, or denial.
5.10.300 Locksmith occupational permit – Additional application procedures.
5.10.310 Locksmith occupational permit – Revocation, suspension, or denial.
5.10.400 Solicitor occupational permit – Additional application procedures.
5.10.410 Solicitor occupational permit – Revocation, suspension, or denial.
5.10.420 Occupational permit to be carried.
5.10.500 Violations – Misdemeanor – Gross misdemeanor – Civil infraction.
5.10.010 Occupational permit – Required
The fee for occupational permits under this chapter shall be as follows: thirty dollars per year for each calendar year or fraction thereof, payable in advance.
In addition to the occupational permit fee, applicants shall be assessed a background check fee sufficient to cover the costs of the background check by the City or by outside agencies or private contractors selected by the City to perform background checks. The City Manager or designee shall establish the fee administratively. The fee shall be nonrefundable and payable in advance. The fee shall be for each application or renewal.
It is unlawful for any person or organization to engage in or hold oneself out as a practitioner of palm reading, phrenology, card reading or other means whereby the future or fortune of persons is predicted for money or other consideration unless they have first secured an occupational permit therefor in a manner provided by chapter.
It is unlawful for any person, to act as a locksmith in the City without first obtaining an occupational permit pursuant to the provisions of this chapter. This chapter does not apply to those exempted under OMC 5.52.100.
It is unlawful for any employee of a secondhand dealer or pawnbroker, as defined in OMC 5.10.020, within the City without first having applied for and received a secondhand dealer or pawnbroker employee occupational permit as provided in this chapter. Employees who work for businesses exempt from secondhand dealer under OMC 5.60 do not need an occupational permit.
No person shall drive a for-hire vehicle within the City without first obtaining an occupational permit therefor in the manner provided by this chapter.
It is unlawful for any person to act as a solicitor, within the meaning and application of this chapter, unless they shall have first secured an occupational permit in the manner provided by this chapter.
(Ord. 6694 §5, 2010).
5.10.020 Definitions
For purposes of this chapter, the terms set forth below shall have the following meanings:
A. “Director” means the director of administrative services for the City.
B. “Driver and operator” means the person physically engaged in driving a for-hire vehicle, whether or not said person is the owner of or has any financial interest in said vehicle.
C. An “Employee” includes any person who purchase or accept in trade any goods from customers on behave of the company or owner.
D. “For-hire vehicle” includes all vehicles used for the transportation of passengers for compensation, except auto stages, buses and ride share vehicles. The term primarily includes taxicabs.
E. “Limousine” wherever used in this chapter means a vehicle operated at a specified cost per hour or trip, and used for the transportation of passengers who have arranged for their transportation through the business office of the operator.
F. “Locksmith” means any person who, for hire, is engaged in the installation, removal, adjustment or repair of any locking or security device or any type used for doors, safes, windows or other similar purpose, and performs such service on the customer’s premises.
G. “Pawnbroker” includes any person engaged in the business of receiving property in pledge for loans.
H. “Person” means any natural person of either sex, firms, corporations, partnerships and associations either acting by themselves or by servant, agent or employee. The singular shall include the plural and the masculine pronoun shall include the feminine and neuter.
I. “Secondhand dealer” means any person, firm, corporation, partnership or association that, within the City, shall solicit for or, as a business, engage in the purchase, sale, trade, barter or exchange of secondhand goods, wares or merchandise.
J. “Solicitor,” within the meaning of this chapter, is any person who goes from house to house, or place to place, in the City, selling or taking orders for or offering to sell or take orders for goods, wares or merchandise, for present or future delivery, or for the making, manufacturing, or repairing of any article or thing whatsoever, for present or future delivery except those selling to merchants for resale; providing, however, that this section and chapter shall not apply to persons soliciting goods to be shipped from one state to another in interstate commerce.
(Ord. 6694 §5, 2010).
5.10.030 General requirements – Application procedure
The following are the basic general requirements for all occupational permits required under this chapter. The individual permits may have additional requirements.
A. Applications for an occupational permit shall be made to the City Police Department on forms provided by the City. The applicant shall attest to the truthfulness of the application, and shall complete the application in full.
B. The required application information includes, but is not limited to, the following:
1. The full legal name of the person applying for the occupational permit;
2. Any prior name(s) or alias(es) used by the applicant;
3. The applicant’s current legal residence address (no post office box);
4. The applicant’s social security number;
5. The applicant’s date of birth;
6. An applicant’s physical description;
7. Signature of applicant;
C. Applicants must, at the time of application, submit the following documents and materials:
1. A completed and signed “authorization to release information” form permitting the Police Department to conduct the required background checks;
2. A copy of a valid driver’s license or other government-issued photo identification.
3. Payment in full of the annual occupational permit fee.
4. An occupation card provided by the City.
5. Two passport sized photos.
D. Applicants must have fingerprints on file. If an applicant has not been previously fingerprinted, he/she must go through the fingerprinting process at the Police Department in connection with the application for the occupational permit. There is an additional fee for fingerprinting.
(Ord. 6694 §5, 2010).
5.10.040 General occupational permit – Investigation of applicants
A. The Police Department shall investigate each application made under this chapter. The purpose of this investigation shall be as follows:
1. To determine the genuineness of all credentials presented by the applicant; and
2. To determine if the applicant meets the criminal record requirements set forth in OMC 5.10.
B. The Police Department shall endeavor to complete its investigation within ten (10) working days after receipt of an application from a person who has fingerprints already on file. Completion of investigations where new fingerprints are taken may take substantially longer.
C. Prior conviction for any felony within the past five years or the presence of any outstanding warrant, regardless of jurisdiction, may be cause for denial of an occupational permit under this section.
D. Prior conviction within the past five years for any of the following offenses, regardless of offense level, may be cause for denial of an occupational permit under this section:
1. Larceny;
2. Assault;
3. Domestic violence;
4. Fraud;
5. Identity theft;
6. Sex crimes;
7. Drug-related crimes;
8. Crimes against children and/or vulnerable adults;
F. Prior revocation of an occupational permit may be cause for denial of an occupational permit under this section.
G. The investigation conducted by the Police Department shall consist of local, State and Federal automated records checks. These checks may require fingerprinting, which will be done at the applicant’s expense.
(Ord. 6694 §5, 2010).
5.10.050 General issuance and term of occupational permit
A. The Police Department shall issue an occupational permit to the applicant on confirmation that all background requirements have been satisfied.
B. If an applicant does not qualify for an occupational permit, the Police Department shall promptly notify the applicant of the denial and refund the pre-paid occupational permit fee. Fingerprinting and background check fees are separate and are not refundable.
C. An occupational permit is valid for the calendar year of issue and is non-transferable. All occupational permits issued under this section expire December 31st of the year in which issued.
(Ord. 6694 §5, 2010).
5.10.060 General occupational permit – Revocation, suspension, or denial
An occupational permit issued hereunder may be revoked, suspended or denied by the director for failure to maintain any of the requirements set forth in Section 5.10.040.
(Ord. 6694 §5, 2010).
5.10.100 For-hire driver’s occupational permit – Additional application procedures
A. In addition to the information required in OMC 5.10.030, the following application information is required:
1. The name(s) and address(es) of any person, firm or corporation that the applicant will be employed by or will officially represent while operating as a Taxi Driver.
(Ord. 6694 §5, 2010).
5.10.110 For-hire driver’s occupational permit – Additional investigation of applicants
A. All applicants must meet the following further requirements:
1. Have no physical or mental infirmity which jeopardizes his ability to operate a for-hire vehicle and have eyesight correctable to a reasonable level determined by the director;
2. Have a valid Washington driver’s license and be continuously licensed by the State of Washington and/or another state for at least the two years immediately prior to the date of application for an occupational permit;
3. Not have been convicted of a felony, or of operating a motor vehicle while under the influence of intoxicating liquor or drugs or of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or drugs, or of reckless driving or negligent driving, or of vehicular homicide or vehicular assault, within five years preceding the date of application for an occupational permit;
4. Not have been convicted of three or more moving violations during any 12 month period during the five years preceding the date of the application for an occupational permit.
B. Prior revocation of a for-hire occupational permit may be cause for denial of an occupational permit under this section.
C. The investigation conducted by the Police Department shall consist of local, State and Federal automated records checks. These checks may require fingerprinting, which will be done at the applicant’s expense.
(Ord. 6694 §5, 2010).
5.10.120 For-hire driver’s occupational permit – Revocation, suspension, or denial
A. An occupational permit issued hereunder may be revoked, suspended or denied by the director for any of the following:
1. A failure to have or maintain any of the requirements or qualifications set forth above in this chapter for obtaining a for-hire driver’s occupational permit.
2. The commission of three or more moving violations in any one-year period.
3. Repeated or aggravated violations of Section 5.68.110.
4. Conviction of any criminal vehicular violations set forth in Section 5.10.110.
B. Prior to any revocation, suspension or denial of an occupational permit, the police chief shall inform the applicant of his right to a hearing thereon. Such hearing, if requested, shall be conducted before the director prior to the implementation of any revocation, suspension or denial.
(Ord. 6694 §5, 2010).
5.10.130 For-hire driver’s occupational permit – Other violations
In addition to the other provisions of this chapter, it is a violation for anyone holding a for-hire occupational permit to:
A. Permit any person to alight from any vehicle while it is in motion;
B. Operate or be in physical control of a vehicle while under the influence of intoxicating liquors or drugs;
C. Allow passenger consumption of intoxicating liquor or drugs in the for-hire vehicle; provided, that this section shall not prohibit consumption of alcoholic beverages by a passenger in a limousine as authorized by RCW 66.44.250;
D. Willfully carry any passenger to a destination by a route that is not the most direct route, unless a customer specifically authorizes a deviation or alternate route;
E. Pick up additional passengers without the express consent of the original passenger;
F. Activate the meter when the for-hire vehicle is not employed or activate any equipment which indicates that the for-hire vehicle is carrying a passenger when it is not.
(Ord. 6694 §5, 2010).
5.10.200 Secondhand dealer/pawnbroker employee – Additional application procedures
A. In addition to the information required in OMC 5.10.030, the following application information is required:
1. The name(s) and address(es) of any person, firm or corporation that the applicant will be employed by or will officially represent while operating as a secondhand dealer or pawnbroker;
B. Applicants must have fingerprints on file. If an applicant has not been previously fingerprinted, he/she must go through the fingerprinting process at the Police Department in connection with the application for the occupational permit. There is an additional fee for fingerprinting.
(Ord. 6694 §5, 2010).
5.10.210 Secondhand dealer/pawnbroker occupational permit – Revocation, suspension, or denial
Prior revocation of a secondhand dealer or pawnbroker employee’s occupational permit may be cause for denial of an occupational permit under this section.
(Ord. 6694 §5, 2010).
5.10.300 Locksmith occupational permit – Additional application procedures
A. In addition to the information required in OMC 5.10.030, the following application information is required:
1. The name(s) and address(es) of any person, firm or corporation that the applicant will be employed by or will officially represent while operating as a locksmith.
(Ord. 6694 §5, 2010).
5.10.310 Locksmith occupational permit – Revocation, suspension, or denial
Prior revocation of a locksmith employee’s occupational permit may be cause for denial of an occupational permit under this section.
(Ord. 6694 §5, 2010).
5.10.400 Solicitor occupational permit – Additional application procedures
A. In addition to the information required in OMC 5.10.030, the following application information is required:
1. The name(s) and address(es) of any person, firm or corporation that the applicant will be employed by or will officially represent while operating as a solicitor.
2. The nature of the goods, wares, merchandise or services to be offered by the solicitor.
(Ord. 6694 §5, 2010).
5.10.410 Solicitor occupational permit – Revocation, suspension, or denial
Prior revocation of a solicitor’s occupational permit may be cause for denial of an occupational permit under this section.
(Ord. 6694 §5, 2010).
5.10.420 Occupational permit to be carried
Such occupational permit shall be carried at all times by each solicitor for whom issued, when soliciting or canvassing in the City, and shall be exhibited by any such solicitor wherever he or she shall be requested to do so by any police officer or any person solicited.
(Ord. 6694 §5, 2010).
5.10.500 Violations – Misdemeanor – Gross misdemeanor – Civil infraction
A. Any person, firm, or corporation who knowingly violates or fails to comply with any term or provision of this chapter shall be deemed to have committed a misdemeanor, and if found guilty, shall be subject to a fine not to exceed One Thousand Dollars ($1,000), and/or to imprisonment not to exceed ninety (90) days or to both such fine and imprisonment. Each day shall be a separate offense. In the event of a continuing violation or failure to comply, the second and subsequent days shall constitute a gross misdemeanor punishable by a fine not to exceed Five Thousand Dollars ($5,000) and/or imprisonment not to exceed three hundred and sixty-five (365) days or both such time and imprisonment. Continuing violation shall mean the same type of violation which is committed within a year of the initial violation.
B. As an additional concurrent penalty, it shall be a civil infraction for a person, firm, or corporation to violate or fail to comply with any term or provision of this chapter. Each day shall be a separate infraction. A person, firm, or corporation found to have committed a civil infraction shall be assessed a monetary penalty as follows:
1. First offense: Class 3 ($50), not including statutory assessments.
2. Second offense arising out of the same facts as the first offense: Class 2 ($125), not including statutory assessments.
3. Third offense arising out of the same facts as the first offense: Class 1 ($250), not including statutory assessments.
See also OMC Chapter 4.44, Uniform Code Enforcement.
(Ord. 6694 §5, 2010).