HomeMy WebLinkAbout4841 Ordinance - Special Events and SalesORDINANCE NO. 4841
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING TITLE 5 BUSINESS LICENSES AND REGULATIONS TO
IMPLEMENT THE PASCO DOWNTOWN MASTER PLAN BY EXPANDING
OPPORTUNITIES FOR COMMUNITY EVENTS AND SALES
THROUGHOUT THE CITY; AND TITLE 9 PEACE, SAFETY AND MORALS,
AMENDING THE REQUIREMENTS FOR THE CONSUMPTION OF LIQUOR
IN CITY PARKS AND FACILITIES DURING SPECIAL EVENTS; TITLE 3
REVENUE AND FINANCE, AMENDING SPECIAL EVENT FEES; AND
PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City of Pasco (City) adopted its first Downtown Master Plan in January
2023 following extensive public engagement that resulted in strong support for the plan; and
WHEREAS, the City and the community have prioritized implementing the Downtown
Pasco Master Plan which is an ongoing effort; and
WHEREAS, the Downtown Master Plan includes many strategies to activate public spaces
including expanding opportunities for community events and commerce; and
WHEREAS, applicants for Special Event Permits have expressed that the application
process includes unreasonable barriers; and
WHEREAS, the City benefits from increased foot traffic in commercial areas that results
from community events; and
WHEREAS, expanding the ways in which residents can exchange goods promotes local
culture and resilient communities; and
WHEREAS, the City desires to streamline permit processes while ensuring that adequate
regulations remain in place to ensure public safety.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Amending the Pasco Municipal Code Chapter 5.35 Special Events and
Entertainment
Chapter 5.35
SPECIAL EVENTS AND ENTERTAINMENT, ASSEMBLIES, AND SALES
Sections:
5.35.010 Finding and purpose. Intent.
5.35.020 Permit required. Definitions.
5.35.030 Exemption to permit requirements. Special Events in Public Space.
5.35.040 Definitions. Road Closures.
5.35.050 Application. Special Assemblies.
5.35.060 Temporary special sales event. Temporary Sales.
5.35.070 Dance halls. Security Assessment.
5.35.080 Auction sales. Permit Fee.
5.35.090 Public dance. Procedure for Application Approval.
5.35.100 Carnivals and circuses. Appeal
5.35.110 Concerts, outdoor music festivals and athletic or competitive events. Revocation of
Permit.
5.35.120 Outdoor music festival – Additional requirements.
5.35.130 Permit fee.
5.35.140 Procedure for application approval.
5.35.150 Appeal.
5.35.160 Revocation of permit.
5.35.170 Crowd and traffic control.
5.35.180 Street and intersection closures.
5.35.010 Finding and purpose. Intent
The City finds that to preserve each citizen’s right of free speech and assembly, in both public and private
places, the coordination of the City services is necessary to maintain the safety of the persons and properties of
the participants and those electing not to participate in the event, and to provide continued municipal services
for the benefit of all the citizens of the City, minimal regulations are necessary to provide for the coordination
of essential municipal services. These regulations are established for the purpose of regulating those events
which are intended to draw large numbers of people, involve use of public facilities and to establish a fee
required to defray the costs of assuring the public health and safety. [Ord. 3524 § 4, 2001; Code 1970 § 5.25.005.]
Special events are opportunities for Pasco residents and visitors to gather, learn, enjoy entertainment, and
exchange ideas and they are seen as a positive contribution to Pasco’s culture and public realm. Large events,
those with high risk, and those that substantially alter the use of public space necessitate City services to
maintain safety for attendees and to prevent unreasonable inconvenience for those who choose not to attend
but are impacted by the event. These regulations are established for the purpose of regulating those events
which are intended to draw large numbers of people, involve use of public facilities, or involve use of
buildings outside of their established occupancy use and establish a fee required to defray the costs of assuring
the public health and safety.
5.35.020 Permit required. Definitions
(1) It shall be unlawful for any person or promoter to initiate, conduct, promote, or participate in any public
dance, dance hall, concert, outdoor music festival, parade, demonstration, athletic or competitive event or
temporary special sales events on public or private roadways, sidewalks, parks or places within the City until a
special events permit therefor has been secured.
(2) Special event permits will be required for (but not limited to) the following:
(a) Public dance;
(b) Dance hall;
(c) Concert;
(d) Outdoor music festival;
(e) Parade;
(f) Demonstration;
(g) Athletic or competitive event;
(h) Temporary special sales event involving one or more unlicensed City of Pasco businesses;
(i) Dances, concerts and special sales events that involve one or more unlicensed City of Pasco businesses
held at the Trade Recreation and Agricultural Center (TRAC). [Ord. 3822, 2007; Ord. 3764 § 3, 2006; Ord. 3524 § 4,
2001; Code 1970 § 5.25.010.]
Neighborhood Block Party: A Neighborhood Block Party is a gathering of friends and neighbors on their
shared block. With a permit, the closure of one block to vehicular traffic provides a temporary venue for these
events, which can include shared meals, communal art projects, or other activities.
Road Closure: Road closures temporarily block roads to car traffic through the use of cones and barricades.
Two types of road closure permits, Street Festival Permits and Neighborhood Block Party Permits, allow
applicants to make use of streets as temporary venues for public gatherings.
Street Festival: A Street Festival is the use of the street for events such as markets, athletic events, concerts, or
car shows.
Security Guard: In this chapter, security guards refer to those who are licensed and state certified. These
individuals are trained on fire prevention, evacuation processes, critical incident response, and other skills that
equip them to provide assistance at events and in cases of emergencies.
Security Personnel: In this chapter, security personnel refer to those who are tasked with monitoring events for
safety and security. Security personnel can use de-escalation tactics to reduce conflict and may carry skills
such as CPR or Stop the Bleed training. These individuals should be visible and equipped to quickly
communicate with event organizers and first responders.
Special Event: A Special Event is a general term that refers to a meeting, celebration, or demonstration that
gathers a group of people.
5.35.030 Exemption to permit requirements. Special Events in Public
Space
The following events shall be exempt from the special event requirements and application process and
payment of permit fee; provided, however, the person or promoter initiating or conducting such event shall be
responsible for collecting any applicable vendor(s) fee and payment of applicable admissions tax:
(1)Events conducted by public or private elementary, secondary and college-level educational institutions
held at educational facilities;
(2)Events held at the Trade Recreation and Agricultural Center (TRAC) (Please note: PMC 5.35.020(2)(i)
listed above);
(3)Private events not open to the public;
(4)City sponsored events;
(5)Ongoing events either operating under a City permit or;
(6)A business-licensed event in a facility designed for the event (e.g., baseball games at the baseball stadium,
soccer matches at the City soccer fields, softball at the City softball complex);
(7)Other similar events. [Ord. 3822, 2007; Code 1970 § 5.25.015.]
Pasco’s City-owned parks and public ways can be utilized as places for gathering, commerce, learning, and
celebration. The permit process ensures that the City can provide the services necessary to facilitate events that
are safe and successful. If applicants demonstrate successful event management, including adhering to all
requirements in 5.35.030(2), they may apply for an ongoing permit for recurring events.
(1)Permit Required
A Special Event in Public Space Permit is required when an event takes place in a city-owned park or public
way AND
(a)Is expected to draw 100 or more people at one time; OR
(b)Requires a ticket or paid admission; OR
(c) Includes a high risk activity such as fireworks, a petting zoo, or bounce house; OR
(d) Involves commercial filming or use of drones; OR
(e) Alcohol will be served at the event; OR
(f) Event proposes to include the closure of a City street per PMC 5.35.040.
(2) Event Requirements and Restrictions
(a) All events serving alcohol must display appropriate permit from the Washington State Liquor and
Cannabis Board.
(b) If food will be prepared and served during the event, event organizers must display appropriate
permits from the Benton-Franklin Health District.
(c) If the event is providing portable toilets, 5% of the toilet units provided must be accessible in
compliance with the Americans with Disabilities Act (ADA).
(d) Events with 250 or more attendees must provide a properly maintained and fully functioning AED
which is visible to the public and available for immediate use.
(3) Permit Application Requirements.
(a) All event applicants and listed contacts shall be 18 years or older. The applicant shall provide their
name, address, and valid identification.
(b) Applicant must provide a Site Plan that shows the event location (including street names) as well
as the location of any portable toilets, vendor booths, eating areas, first aid location, fire hydrants,
fencing, and all major structures. Site Plan should be drawn to scale and include all relevant
measurements.
(c) Application shall include a Security Assessment Form per PMC 5.35.070.
(d) Applicant shall provide proof of broad form commercial general liability coverage (occurrence
type trigger) with bodily injury and property damage liability minimum limits of $1,000,000 per
occurrence.
(e) The application shall include the applicable fee as set forth in PMC 3.35.050.
(f) Application shall be submitted no less than 30 days prior to the date of the event.
(4) Application Approval
(a) Applications shall be reviewed in accordance with PMC 5.35.080 and shall require approval by the
Community & Economic Development Department, Police Department, and Parks & Recreation
Department.
5.35.040 Definitions. Road Closures.
The following definitions shall apply to this chapter:
“Athletic, competitive or festival events” means any event to which the members of the public are invited, with
or without charge, to be conducted upon the public right-of-way, public parks, places or facilities for the
purpose of athletic events, such as but not limited to foot races, walk-a-thons, bicycle races, sponsored walks;
mechanical competitions including, but not limited to, auto racing, auto-cross, motor-cross or vehicle racing;
and festivals or celebrations, including but not limited to food festivals, craft shows, art shows and special
events celebration.
“Concert” means any music festival, dance festival, rock festival or similar musical activity to which music is
provided by paid or amateur performers or by prerecorded means, and to which members of the public are
invited or admitted with or without charge, membership fee or donation.
“Dance hall” means any privately owned place in which a public dance is conducted, operated, or maintained
or made available on a periodic or reoccurring basis and includes the premises in which the public dance is
conducted, operated, or maintained, including but not limited to all public parking areas, hallways, bathrooms,
and other adjoining areas on the premises accessible to the public during the dance.
“Demonstration” means a gathering or assembly of 50 or more people upon the public right-of-way, public
park, place or facility for the purpose of demonstrating, protesting, informing or persuading a political or
ideological point of view.
“Outdoor music festival” means any concert to be held outdoors or outside of a walled and covered structure
for the primary purpose of presenting live or recorded music or other amplified sounds for entertainment.
“Parade” means an informal or formal march or procession or movement of a body of people, vehicles or
things marshaled in succession upon the public right-of-way or public parks, places or facilities.
“Promoter” means any person, group of persons, association, partnership, corporation, or firm engaged in the
business of providing to any vendor, directly or indirectly, sales areas within a temporary special event
location for the purpose of using such location during the term of a temporary event permit, or sponsor of an
athletic, competitive or festival event, concert, outdoor music festival, public dance, demonstration or parade.
“Public dance” means any dance held in a dance hall that is open to the public and which permits the entry of
any person with or without the payment of an admission fee, membership fee or donation from any of the
persons admitted; or any dance not held open to the public, but to which 100 or more people are invited or
attend, except for the following:
(1) A dance operated, held and sponsored by and for the licensees of premises licensed for dancing pursuant
to PMC 5.35.020, provided the dance is in conjunction with the licensee’s regular business;
(2) A dance operated, held and sponsored by a fraternal, veteran, service or charitable organization which is
generally recognized as such and is registered as a nonprofit organization in the State of Washington, by a
bona fide church, or by a political party organization eligible to be on the ballot in Washington State which is
held on premises owned or regularly leased by the organization, or which is generally limited to members of
the organization when held on premises licensed for dancing pursuant to PMC 5.35.020 not owned or regularly
leased by the organization;
(3) A dance operated, held, or sponsored by a generally recognized nonprofit organization registered as such
in the State of Washington when held on premises licensed for dancing pursuant to PMC 5.35.020 and which
is part of a special function of said organization and is not held primarily for the purposes of being a public
dance;
(4) A dance operated, held or sponsored by an educational institution either in or not in conjunction with a
recognized student group which is held on the premises of the institution, attendance to which is restricted to
students and members of the educational institution and individual guests thereof. This exception is not
applicable to dances open to members of another school not cosponsoring it as a joint activity or open to
members of the public.
The determination of nonprofit status for organizations seeking exemption under subsections (2) and (3) of this
section shall be consistent with the applicable definitions and process contained in Chapter 3.05 PMC.
“Sales area” means any stall, booth, stand, space, section, unit or specified floor area within any temporary
special event location where goods or services are offered or displayed by a vendor for the purpose of sale,
trade, barter, exchange or advertisement.
“Temporary special sales event” means the congregation of one or more vendors who rent, lease, purchase or
otherwise obtain a temporary sales area for the purpose of selling, bartering, exchanging, trading or displaying
goods or services at an event which is open to the public for a period not to exceed 10 consecutive calendar
days.
“Temporary special sales location” means an area open to the public, wherein one or more vendors locate for
the purpose of participating in a temporary special sales event.
“Vendor” means any person, association, group, partnership, corporation or firm who exhibits goods or
services in a temporary special sales event location for the purpose of selling, bartering, trading, exchanging or
advertising such goods or services. [Ord. 3764 § 4, 2006; Ord. 3524 § 4, 2001; Code 1970 § 5.25.020.]
(1) Intent
Temporarily closing roads to vehicular traffic can free up space for many types of gatherings including
markets, athletic events, neighborhood block parties, and car shows. The city encourages these uses of public
streets and must also ensure that these events do not pose safety risks or cause unreasonable inconvenience for
other residents. The City offers two types of permits that allow for the temporary closure of roads to vehicular
traffic: Neighborhood Block Party Permits and Street Festival Permits.
A Neighborhood Block Party Permit is intended for residential gatherings that bring together friends and
neighborhoods on their shared block. These permits are available for events that meet a stricter set of criteria
compared to Street Festival Permits.
Street Festival Permits are intended for events such as markets, athletic events, concerts, or car shows. They
may last more than one calendar day, may be ticketed and closed to the public, and can take place in
Commercial and Mixed-use zones.
If applicants demonstrate successful event management, including adhering to all applicable event
requirements, they may apply for an ongoing permit for recurring events.
(2) General Requirements
The following requirements apply to all road closures.
(a) When road closure will disrupt public transit services, permit will require approval from Ben
Franklin Transit (BFT).
(b) Event organizers shall procure barricades, traffic cones, or signs based on what is required for their
road closure type (see PMC 5.35.050(3)(b) and PMC 5.35.050(4)(b) for specific requirements.) The
City does not provide or lend traffic control equipment except for City-sponsored events and closures.
(c) All road closures must maintain 20 feet of clearance for emergency vehicle access. Only easily
movable items may be placed in this area.
(d) An assigned safety monitor must be present at both sides of the block.
(3) Neighborhood Block Party
(a) Eligibility
In order to qualify for a Neighborhood Block Party permit, an event must meet ALL of the following
criteria:
(i) Closure is limited to 1 street block.
(ii) Street is located in a residential zone (any R zones).
(iii) Street is “Local,” as designated by the most recent Transportation Master Plan.
(iii) Event is limited to 8 hours in length, between 9:00 AM and 12:00 AM, and no more than
1 calendar day.
(iv) Event is free and open to the public.
(b) Event Requirements and Restrictions
(i) Road must be blocked on both sides using Type II barricades or garbage/recycling bins
measuring two feet wide at a minimum. Barricades must be placed 6 feet apart or less, with
rope or other material draped between them.
(c) Permit Application Requirements.
(i) Applicant must be 18 years or old and a resident of the block they are proposed to
temporarily close.
(ii) Applicant shall provide their name, address, and valid identification.
(iii) Applicant shall provide a description of activities that will take place during the event.
(vi) Applicant shall provide a site plan showing proposed road closure and cross streets
(labeled), with 20’ of emergency access indicated. If the width of the road cannot
accommodate a 20’ emergency access, relief may be granted, in limited circumstances, by the
Fire Marshal and Fire Chief provided all life safety elements can be met. Plan should also
indicate locations of Type II barricades and/or waste bins.
(vii) Applications must include the applicable fee as set forth in PMC 3.35.050.
(viii) Application shall be submitted no less than 30 days prior to the date of the event.
(d) Permit Approval
Neighborhood Block Party Permits shall be reviewed in accordance with PMC 5.35.080 and shall
require approval by the Community & Economic Development Department, Police Department,
Public Works, and City Engineer.
(4) Street Festival Permit
(a) Eligibility
Street closure applications that do not meet the criteria for a Neighborhood Block Party fall under the
umbrella of Street Festival.
(b) Restrictions and Requirements
(i) Road must be blocked on both sides using Type III barricades placed 6 feet apart or less,
with rope or another material draped between them. See the “Street Festival Template” for an
example of the correct configuration.
(c) Application Requirements
Street Festival permits shall be submitted as a supplement to a Special Event in Public Space
Permit, no less than 30 days prior to the date of the event. In addition to the application
requirements for a Special Event in Public Space Permit, Street Festival applicants shall
provide:
(i) Site Plan (drawn to scale) showing proposed road closure and cross streets, including
length and width of street area to be closed. Twenty feet of emergency access across the
whole closure length should also be indicated on the Site Plan. These items can be indicated
on the same Site Plan that is submitted for the Special Events in Public Space Permit, or
separately.
(ii) Traffic Control Plan showing locations of Type III barricades and signage in accordance
with the most current version of the Manual on Uniform Traffic Control Devices (MUTCD)
as adopted by the State of Washington. Traffic Control Plan can be included on the Site Plan,
or separately.
(iii) Applications must include the applicable fee as set forth in PMC 3.35.050.
(d) Application Approval
Street Festival Permits shall be reviewed in accordance with PMC 5.35.080 and shall require approval
by the Community & Economic Development Department, Police Department, Public Works, and
City Engineer.
5.35.050 Application. Special Assemblies.
A special events permit for all events covered by this chapter, including demonstrations or parades, may be
obtained from the City upon application made in writing at least 30 days prior to the date on which the event is
to be held, upon application forms furnished by the City.
The application form shall include but not be limited to the following information:
(1) Name, age, residence or mailing address of person making the application. If the application is made by a
partnership, corporation or association, the application must be signed by the president or other authorized
officer thereof, and must contain the name and addresses of the officers, managers, or partners of the entity.
(2) A statement of the kind, character or type of event, which the applicant proposes to conduct, operate or
carry on. Give a general description of the event including the names of any performers, specific plans for the
conduct of the event, etc.
(3) The address(es) and description(s) of the place(s) where the proposed event is to be conducted, operated
or carried on and the route of travel if the event includes a parade, or utilizes multiple facilities. If the place or
the event is not a public place, the owner of the premises must provide written consent for the site to be used
for the proposed event.
(4) The date(s) and hours during which said event is to be conducted. Include planned or estimated times for
event setup and takedown, as applicable.
(5) An estimate of the number of participants, spectators, customers or other persons expected to attend said
event for each day it is conducted.
(6) A plat or map showing the location of the special event, including any route of travel and the arrangement
of necessary facilities, including parking, egress and ingress, fire lanes, and such other facilities as may be
necessary for the safe accomplishment of the event.
(7) For events where amplification equipment is proposed to be used, the applicant shall be required to sign a
statement acknowledging receipt of a copy of the City’s noise control regulations (Chapter 9.130 PMC) and
stating applicant’s intent to abide by all applicable provisions thereof.
(8) For events where admission is charged, the applicant shall furnish the name and address of the individual
responsible for the collection and payment of the admission tax and the owner, lessee or custodian of the
premises, who shall be jointly and severally liable to the City for collection and remittance of such tax as
described in PMC 3.05.090, Admissions tax – Remittance of tax. [Ord. 3764 § 5, 2006; Ord. 3592 § 1, 2002; Ord.
3524 § 4, 2001; Code 1970 § 5.25.030.]
Special assembly permits are required when events involve the use of temporary structures and/or will result in
changes to building occupancy use. The intent is to mitigate fire and other risks associated with large crowds,
dense gatherings, use of fire or heating facilities, and temporary structures.
If applicants demonstrate successful event management, including adhering to all applicable event
requirements, they may apply for an ongoing permit for recurring events.
(1) Permit Required
A Special Assembly Permit is required when an event is open to the public or a fee is charged for entry, AND;
(a) Event will utilize temporary tents or membrane structures 400 square feet or more in size or an
aggregate area of multiple tents of 700 square feet; OR
(b) Event includes amusement rides or inflatable structures/rides; OR
(c) Event includes temporary stages, bleachers, or other structures; OR
(d) Event takes place in an unsprinklered building and results in a change in occupancy use that
requires sprinklers. For example, events in A2 Occupancies that use 350 square feet or more of space
primarily for standing, dancing, and viewing performance, thereby triggering the nightclub definition
under RCW 19.27.510.
(2) Event Requirements and Restrictions
(a) Events that trigger sprinkler requirements in unsprinklered buildings require designated fire watch
staff. The Fire Marshal will advise on protocol.
(3) Permit Application Requirements
(a) The permit applicant shall provide their name, address, and valid identification.
(b) Site Plan (drawn to scale) showing event location, dimensions of event space, and locations of
structures and activity areas.
(c) Applications must include the applicable fee as set forth in PMC 3.35.050.
(d) Application shall be submitted no less than 30 days prior to the date of the event.
(4) Application review:
Permits shall be reviewed in accordance with PMC 5.35.080 and shall require approval by the Community &
Economic Development Department and Police Department.
5.35.060 Temporary special sales event. Temporary Sales.
(1) In addition to the application stated in PMC 5.35.050, the applicant for temporary special sales events
shall include:
(a) A list of the total number of vendors participating at the temporary special sales event for which the
permit is sought. The list shall include the vendor’s name, address and business phone number, together with a
general description of the goods and/or services offered by each vendor.
(2) Each permit issued under this section shall be limited to the number of days approved for operation of the
temporary special sales event for which the permit is issued. No permit shall be effective for more than 10
consecutive calendar days. [Ord. 3524 § 4, 2001; Code 1970 § 5.25.035.]
Temporary Sales Permits allow one or more vendors to conduct sales without a Pasco Business License for a
limited time. This can apply to many event types, such as a Farmers Market held in a City-owned park, a trade
show held in a privately owned building, or the temporary use of a private parking lot by a single vendor.
If applicants demonstrate successful event management, including adhering to all applicable event
requirements, they may apply for an ongoing permit for recurring temporary sales.
(1) Permit Required
A Temporary Sales Permit is required when one or more vendors will be selling goods without a Pasco
Business License.
(2) Event Requirements and Restrictions
(a) Each permit issued under this section shall be limited to the number of days approved for operation
of the temporary special sales event for which the permit is issued. No permit shall be effective for
more than 10 consecutive calendar days.
(b) Sales permitted to use city-owned sidewalks or other public ways must adhere to the standards set
forth in 5.75.100 Mobile vendor standards.
(3) Application Requirements
(a) Name, address, and valid identification for the permit applicant.
(b) Address of where sale is to take place.
(c) List of vendors participating as well as a general description of goods being sold.
(d) Days and hours the event will take place.
(e) If sales event proposes use of public sidewalk, application shall also include a site plan. Site plan
(drawn to scale) shall show sale location including cross streets, indicate size of vending space, and
show where the vending space will be positioned on the sidewalk.
(f) Applications must include the applicable fee as set forth in PMC 3.35.050.
(g) Application shall be submitted no less than 30 days prior to the date of the event.
(4) Application Review:
Permits shall be reviewed in accordance with PMC 5.35.080 and shall require approval by the Community &
Economic Development Department.
5.35.070 Dance halls. Security Assessment.
In addition to the application as required in PMC 5.35.050, the applicant for dance hall operation shall submit:
(1) A statement that the premises are in compliance with all City laws, including but not limited to building,
zoning, planning and fire codes, together with attached documentation of an inspection of the premises
conducted not more than 60 days prior to the date of application.
(2) A statement that the applicant will, in the conduct and operation of the dance hall, comply with all City
laws, including but not limited to the noise control ordinance.
(3) A security plan identifying the method and qualification for providing one security officer for each 100
persons upon the premises.
(4) Description of other food, beverage, or services provided on the premises with copies of necessary
permits and licenses.
(5) A statement identifying the individual entity liable for the collection and payment of the City admission
tax.
(6) The City shall perform a criminal history check in accordance with PMC 5.65.050 for all applicants
seeking a permit under this chapter. [Ord. 4022, 2011; Ord. 3524, 2001; Code 1970 § 5.25.040.]
Providing proper security staff can help mitigate the risks inherent to gathering groups of people in public
space. For large and high-risk events, licensed and state-certified security guards may be necessary. For lower
risk events, staff or volunteers may be assigned to monitor the event, deescalate situations when necessary, and
contact appropriate help in the case of a medical or other emergency.
Applicants for Special Events in Public Space Permits, Street Festivals, and Special Assemblies shall complete
a Security Assessment Form to estimate the type and number of security personnel they will need. The Chief
of Police shall have the final determination on security needs.
(1) Event Risk Scoring Matrix
The matrix below shall be used to approximate the risk level associated with the proposed event. Applicants
shall total up points based on their proposed event to yield a total score.
Table: Event Risk Factor Scoring Matrix
RISK FACTOR DESCRIPTION SCORE
Alcohol served Is alcohol being served or sold? 2
Age range Will a significant portion of attendees be under 21? 1
Public Interest Level Is the event likely to generate significant public
response, traffic, or coordinated gatherings? 3
Location Type Is the venue outdoors, in a public space, or lacks
controlled access? 1
Public visibility Is the event publicly advertised with open access (not
ticketed or pre-registered?) 1
Time of Day Does the event extend past 9 PM? 2
Crowd Density Will attendees be in confined or congested areas (e.g.
streets, closed-off sections? 1
Performer/Celebrity Presence Does the event involve well-known figures likely to
attract large crowds or media? 2
History of Conflict Have events of this type or initiated by this applicant
been sites of violent incidences? 3
(2) Risk Scoring Guide
Using the table below, applicants can use their total score to determine their recommended security level based
on their event’s score:
Table: Security Level Assessment
TOTAL SCORE ASSESSED SECURITY LEVEL
0-5 Low Risk – Minimal Staffing Needed
6-8 Moderate Risk – Trained staff and volunteers are
sufficient.
9-12 High Risk – Professional security team required;
coordinate with law enforcement and EMS.
13+
Very High Risk – Full security deployment with law
enforcement presence strongly recommended.
Conduct formal risk mitigation plan.
(3) Security Requirements
Using the table below, applicants can estimate security personnel needed for the event based on their assessed
risk level. On the Security Assessment Form, applicants will outline their proposed security plan based on their
assessed risk level. The Police Department will review and approve this plan or provide guidance for an
alternative security plan.
Note: event size describes the estimated maximum number of people that will be present at the same time
throughout the duration of the event.
Table: Estimated Security Requirement
TOTAL SCORE EVENT SIZE ASSESSED RISK
ESTIMATED
SECURITY
REQUIREMENT
0-5 Under 100 Low None
0-5 Under 500 Low 1-2 trained
staff/volunteers
6-8 Under 500 Moderate 2-4 security guards or
trained staff/volunteers
6-8 500+ Moderate 4+ security guards or 4+
trained staff/volunteers
9-12 Under 500 High 3-5 security guards
9-12 500-1,500 High 6-8 security guards
9-12 Over 1,500 High 8-10 security guards
13+ Any Size Critical 10+ security guards
5.35.080 Auction sales. Permit fee.
(1) All auction sales shall pay a fee for a term of up to three consecutive days; provided, however, that the fee
requirements of this subsection shall not be applicable to persons, firms or corporations having established
places of business in the City and having valid business licenses issued by the City, who wish to hold an
auction for the purpose of disposing of excess inventory, damaged goods, or for promotion; provided,
however, that any auction conducted under this provision shall not exceed one day in length and the person,
firm or corporation holding such auction shall, as a condition precedent, file written notice with the City Clerk
of the date, time, place and nature of the goods to be auctioned and the reasons for conducting the auction.
Notice as required herein shall be filed with the City representative at least 30 days prior to the date the auction
is to be held; and provided further, that no person, firm or corporation shall be entitled to hold more than one
auction each calendar year under this provision without being required to pay the fee. This provision shall not
apply in the following cases:
(a) Judicial sales held pursuant to an order of the court; or
(b) Nonjudicial sales held under the authority of and pursuant to a federal or state statute; or
(c) An auction conducted by or on behalf of a political organization or a charitable corporation or association
if the person conducting the sale receives no compensation; or
(d) An auction conducted by or under the direction of a public authority; or
(e) Wholesale auctions and stockyard auctions, which will be required to pay the regular license fee.
(2) All auction sales to which the above license fee provision applies shall be required to submit with their
license application a legible photocopy of the auctioneer’s current certificate of registration issued by the
Washington State Department of Licensing and the auction company’s certificate of registration issued by the
Washington State Department of Licensing.
(3) Auction sales shall be required to comply with the special events provisions as set forth in this chapter.
[Ord. 4372 § 31, 2017; Ord. 3560 § 6, 2002; Ord. 2831 § 1, 1991; Code 1970 § 5.25.045.]
(1) The application provided under this chapter shall be accompanied by the payment of a permit fee as set
forth in Chapter 3.35 PMC for each of the following categories:
(a) Event in Public Space;
(b) Road Closure;
(c) Special Assemblies;
(d) Temporary Special Sales Events. The permit fee shall be calculated per vendor, except for businesses
already holding a current city business license. In no event shall a total business license for such an event
exceed the maximum fee set forth in Chapter 3.35 PMC for temporary sales events. The fee shall be paid by
the promoter for each vendor who intends to be included under the promoter’s temporary special sales event
permit and shall be remitted by the promoter to the City three days prior to commencement of the temporary
special sales event. The promoter shall be personally responsible for all sums collected, or any sum which
should have been collected from a vendor.
(2) In the event the City is to provide either all or a portion of the crowd or traffic control, in addition to the
fee provided above, an additional fee in the amount to be determined by the Chief of Police, which will be
calculated upon the number of police officers that must be present to provide adequate public safety, multiplied
by the current overtime hourly rate paid for the highest patrolman classification in effect at the time of the
event for the period of time for which traffic and/or crowd control will be necessary.
(3) Nothing herein shall relieve any promoter or applicant from complying with all other required federal,
state, and local regulations, fees and licensing requirements.
(4) The permit fee shall be paid prior to the event and shall not be refundable.
5.35.090 Public dance. Procedure for Application Approval.
Any public dance, other than those conducted on the premises of a dance hall, and in addition to the
application provided in PMC 5.35.050, shall:
(1) Identify the date and time of the conduct of the public dance. A permit shall be required for each date and
time the public dance is to be conducted and shall only be good for the place, date and time specified in the
permit.
(2) A security plan identifying the method and qualification for providing one security officer for each 100
persons upon the premises.
(3) Description of other licensed food, beverage, or services provided on the premises.
(4) A statement identifying the individual liable for the collection and payment of the City admission tax.
(5) The City shall perform a criminal history check in accordance with PMC 5.65.050 for all applicants
seeking a permit under this chapter. [Ord. 4022, 2011; Ord. 3524 § 4, 2001; Code 1970 § 5.25.050.]
(1) Applications shall be made to the Community & Economic Development Department, who may issue a
permit, deny a permit, or set conditions, limitations or restrictions that must be met before a permit may be
granted. The City shall process a complete application and respond to the applicant within two weeks of
submittal.
(2) The denial of any permit or the imposition of any conditions, limitations or restrictions incident to the
granting of a permit shall be based solely upon those requirements reasonably necessary to protect the peace,
health, safety and welfare of those both participating in the event and others using the public facilities. No
permit shall be granted, conditioned or denied based upon the content of the applicant’s stated purpose,
expression of lawful speech because of race, creed, color, national origin, families with children, sex, marital
status, age, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or
service animal by a disabled person.
(3) If conditions are imposed, the applicant shall furnish proof that all conditions have been met before any
permit may be issued.
(4) The permit shall be posted in a conspicuous place on the premises where the event is conducted. No permit
issued pursuant to this chapter shall be transferable to any entity or person other than applicant, or removed to
another location, date or time than that stated on the application.
5.35.100 Carnivals and circuses. Appeal
(1) License Required. It shall be unlawful for a carnival or circus, as defined in subsection (2) of this section,
to engage in business within the City of Pasco without first having obtained a business license.
(2) Definitions. The following terms and definitions shall be used in the administration of this chapter:
“Carnival” shall mean a business activity featuring an assemblage of mechanical rides for the enjoyment,
amusement, entertainment, merriment or pastime of the patrons thereof, and usually but not necessarily offers
patrons in addition to the rides food and beverage services, as well as games involving throwing, pitching or
shooting skills.
“Circus” shall mean any institution whose general occupation is that of exhibiting wild animals, feats of
horsemanship, animal stunts and acrobatic or aquatic sports, to which a fee is charged for admission.
(3) Application. Any person, firm, or corporation desiring to secure a license to operate a carnival or circus
shall make application to the City on forms provided by the City. Such application shall provide:
(a) The name or names and address of the applicant;
(b) The location of the proposed carnival or circus;
(c) Nature of the business activity;
(d) Each license application for a carnival or circus shall be accompanied with the following
information to establish compliance with applicable codes:
(i) The number of food vending conveyances, if any, to be utilized in conjunction with the
proposed business activity;
(ii) Proof of insurance as required by subsection (8) of this section;
(iii) Proof of a valid electrical permit from the Department of Labor and Industries;
(iv) A statement explaining the method of trash and litter disposal being proposed;
(v) A notarized written authorization from the owners of the property so noted on the
application;
(vi) A drawing of a scale not greater than 50 feet per inch and not less than 10 feet per inch,
which drawing shall depict the following information:
(A) The portion of the property to be occupied by the business;
(B) The portion of the property to be used for automobile parking and the number
of automobiles accommodated in said area;
(C) The location of driveways providing ingress and egress to the property;
(D) The location of existing buildings and structures located on the property noting
the use of each building or structure so identified.
(4) Investigation and Determination. Upon receipt of such application, the City Clerk shall cause such
investigation of such person’s or persons’ business responsibility to be made as is deemed necessary for
protection of the public good and shall refer the application to the Community Development and Fire
Departments for determination as to compliance with applicable codes. Criminal history checks shall be
performed in accordance with PMC 5.65.050. An application shall be denied by the City Clerk upon written
findings that the applicant’s business responsibility is unsatisfactory or that the proposed business activity will
violate any applicable law, rule or regulation. Otherwise, upon submittal of the required application and
information and following collection of fees and receipt of approvals from applicable City departments, the
Health District (if applicable) and the Department of Labor and Industries, the City Clerk shall issue the
license.
(5) Appeals. Any person aggrieved by the denial of an application for a license or by the revocation of a
license as provided for in this chapter shall have the right to appeal to the City Council. Such appeal shall be
taken by filing with the City Clerk within 14 calendar days after the notice of decision has been mailed, by
certified mail, to the applicant’s or licensee’s last known address, a written statement setting forth the grounds
for the appeal. The Council shall set the time and place for hearing on such appeal, and notice of such hearing
shall be given by certified mail or personal service to the appellant at least five calendar days prior to the date
fixed for such hearing.
(6) Standards. All carnivals and circuses licensed under this chapter shall conform to the following standards:
(a) No carnival or circus shall be licensed for a location in a residential zoning district or office
district, as defined in PMC Title 25, excepting Edgar Brown Stadium;
(b) No carnival or circus shall be located within 500 feet of a residential zoning district as defined in
PMC Title 25;
(c) No carnival or circus activity shall locate or operate in such a manner as to interfere with traffic
circulation, emergency services or other normal City operations;
(d) No carnival or circus shall be located within 50 feet of flammable combustible liquid or gas
storage and dispensing structures;
(e) Provisions must be made for the control of dust and litter;
(f) Provisions for off-street parking on the site and a reasonable and safe means of ingress/egress
must be shown;
(g) All amusement rides shall be set back from all public rights-of-way and electrical distribution
lines a distance equal to the height of the amusement ride;
(h) All signs and equipment must be removed and the premises shall be free of all trash, litter and
debris within three days after the termination of the use.
(7) License Fee. Every circus and carnival shall pay a license fee as set forth in Chapter 3.35 PMC for the
first day and an additional fee for each and every day after the first day of operation. All food booths require a
separate food handler’s license and per Chapter 5.50 PMC. Each licensee shall pay the regular admission tax
on all admission tickets or admissions for which a charge is made. The license fee is paid in advance for each
day said carnival or circus proposes to operate within the City, except that a no fee license to qualifying
nonprofit organizations may be issued under PMC 5.05.170.
(8) Insurance. Before any license shall be granted, the applicant must present certificates of insurance with
original endorsements effecting coverage required by this section. The certificates and endorsements are to be
signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to
require complete certified copies of all required insurance policies at any time. The applicant shall maintain
broad form commercial general liability coverage (occurrence type trigger) with bodily injury and property
damage liability minimum limits of $1,000,000 per occurrence.
(9) Penalty. It is unlawful for any person to violate any terms of this chapter. Every person found in violation
of any terms of this chapter shall be punished by fine of not more than $300.00. [Ord. 4372 § 32, 2017; Ord. 4022,
2011; Ord. 3560 § 15, 2002; Ord. 3190 § 6, 1996; Ord. 2850 § 1, 1991; Code 1970 § 5.25.055.]
Any person aggrieved by the issuance, denial, or conditions imposed upon the permit may seek review of the
determination by the City Manager within five days of the determination.
At such hearing, the applicant shall have the burden of proof showing that the determination was arbitrary,
capricious, or contrary to the requirements of this chapter.
The determination of the City Manager shall be final unless appealed to the City Council within 10 days of the
determination.
5.35.110 Concerts, outdoor music festivals and athletic or
competitive events. Revocation of Permit.
(1) In addition to the application required in PMC 5.35.050, the applicant for a concert, outdoor music
festival, athletic or competitive event shall submit an event facility plan, which shall include the following:
(a) The estimated number of customers, spectators or participants expected to attend, and the total
number of tickets available for sale. The number of tickets actually sold or distributed shall be
provided to public safety officials 24 hours before the event. A statement identifying the
individual/entity liable for the collection and payment of the City admissions tax.
(b) A full and detailed outline of all show requirements, including stage, lighting, personnel, bleacher
and seating requirements, canopies, power and cable needs and locations, and illumination. A drawing
of the event site shall be included showing the arrangement of the above facilities.
(c) A plan showing the proposed location and description of the methods of providing for the
following:
(i) Security and fire protection;
(ii) Water supplies and facilities;
(iii) Food supplies and facilities;
(iv) Sanitary facilities;
(v) Medical facilities and services, including emergency medical personnel and emergency
medical transport services available;
(vi) A feasible plan for parking;
(vii) Vehicle access and on-site traffic control.
(d) Contingent plans for numbers of spectators in excess of the estimate.
(e) Provisions for cleanup of the premises and removal of rubbish.
(f) Proof of premises and liability insurance in such amount and coverage as recommended by the
City’s insurance provider.
(2) Security plan including, but not limited to the following:
(a) The name of the organization providing security, including the number of security officers,
consisting of not less than one officer for every 100 anticipated persons in attendance. The proposed
security organization must be approved by the Chief of Police.
(b) Coordination with the City Police Department.
(c) Provisions for control of spectators in excess of the estimated number of facility capacities and
emergency vehicle access.
(3) A statement identifying the individual entity liable for the collection and payment of the City admission
tax. [Ord. 3764 § 6, 2006; Ord. 3524 § 4, 2001; Code 1970 § 5.25.060.]
Notwithstanding any of the provisions of this chapter, the City may issue an emergency order revoking a
permit upon a failure to comply with the terms and conditions of the permit, or when the Chief of Police, the
Fire Chief, or the Community & Economic Development Director or designee believes that such action is
necessary for the immediate preservation of the public peace, health, safety or general welfare. The emergency
order shall set forth the grounds upon which it is based, including a statement of facts constituting the
emergency necessitating such action. The emergency order shall be effective immediately upon issuance and
service, whether written or verbal, upon the permittee and participants. Failure to comply with any conditions
of approval or representations made within the application documents shall be grounds for immediate
revocation of the permit.
5.35.120 Outdoor music festival – Additional requirements.
In addition to the requirements in PMC 5.35.050 and 5.35.110, the applicant for an outdoor music festival shall
provide the information required by RCW 70.108.040, which includes:
(1) The name of the person or other legal entity on behalf of whom said application is made; provided, that a
natural person applying for such permit shall be 18 years of age or older.
(2) A financial statement of the applicant (except where the applicant is a qualified political, religious,
charitable or nonprofit organization).
(3) The nature of the business organization of the applicant.
(4) Names and addresses of all individuals or other entities having a 10 percent or more proprietary interest in
the festival.
(5) The principal place of business of applicant.
(6) A legal description of the land to be occupied, and the name and address of the owner thereof, together
with a document showing the consent of said owner to the issuance of a permit, if the land be owned by a
person other than the applicant.
(7) The schedule of performances and programs.
(8) Names and addresses of any and all vendors, peddlers or tradesmen who will conduct a business on the
festival premises. All vendors selling or distributing food items to the public must have been approved by, and
received a health permit from, the local health department as necessary.
(9) Written confirmation from the local health officer that he or she has reviewed and approved plans for site
and development in accordance with rules, regulations and standards adopted by the State Board of Health.
Such rules and regulations shall include criteria as to the following and such other matters as the State Board of
Health deems necessary to protect the public’s health:
(a) Submission of plans;
(b) Site;
(c) Insect and rodent control;
(d) Shelter;
(e) Dust control;
(f) Lighting;
(g) Emergency air evacuation;
(h) Attendant physicians;
(i) Communication systems; and
(j) If it is proposed or expected that spectators or participants will remain at night, or
overnight, arrangements for illuminating the premises and for camping or for similar facilities.
(10) A written confirmation from the appropriate law enforcement agency from the area where the outdoor
music festival is to take place, showing that traffic control and crowd protection policing have been contracted
for or otherwise provided by the applicant meeting the following conditions:
(a) One person for each 200 persons reasonably expected to be in attendance at any time during the
event for purposes of traffic and crowd control. Approved security personnel shall be present on site
for the two hours preceding and two hours after the scheduled event times.
(b) The names and addresses of all traffic and crowd control personnel shall be provided to the
appropriate law enforcement authority; provided, that not less than 20 percent of the traffic and crowd
control personnel shall be commissioned police officers or deputy sheriffs.
(c) During the hours that the festival site shall be open to the public, there shall be at least one
regularly commissioned police officer employed by the jurisdiction wherein the festival site is located
for every 1,000 persons in attendance and said officer shall be on duty within the confines of the
actual outdoor music festival site. The applicant shall pay the full cost of said officer to the City in
advance of the event.
(d) All law enforcement personnel shall be charged with enforcing the provisions of this chapter and
all existing statutes, ordinances and regulations.
(11) A written confirmation from the appropriate law enforcement authority that sufficient access roads are
available for ingress and egress to the parking areas of the outdoor music festival site and that parking areas are
available on the actual site of the festival or immediately adjacent thereto which are capable of accommodating
one auto for every four persons in estimated attendance at the outdoor music festival site.
(12) A written confirmation from the Department of Natural Resources, where applicable, and the Director of
Community Services, through the Fire Chief, that all fire prevention requirements have been complied with.
(13) A written statement of the applicant that all state and local law enforcement officers, fire control officers
and other necessary governmental personnel shall have free access to the site of the outdoor music festival.
(14) A statement that the applicant will abide by the provisions of this chapter.
(15) The verification of the applicant warranting the truth of the matters as set forth in the application to the
best of the applicant’s knowledge, under the penalty of perjury. [Ord. 3569 § 5, 2002; Ord. 3524 § 4, 2001; Code 1970
§ 5.25.065.]
5.35.130 Permit fee.
(1) The application provided under this chapter shall be accompanied by the payment of a permit fee as set
forth in Chapter 3.35 PMC for each of the following categories:
(a) Auctions;
(b) Carnivals and circuses;
(c) Concerts, athletic and competitive events and festivals;
(d) Dance hall. Base permit fee as provided in PMC 5.05.130 and 5.05.140 is applicable;
(e) Demonstrations, parades, public dances;
(f) Outdoor music festivals;
(g) Temporary Special Sales Events. The permit fee shall be calculated per vendor, except for
businesses already holding a current city business license. In no event shall a total business license for
such an event exceed the maximum fee set forth in Chapter 3.35 PMC for temporary sales events. The
fee shall be paid by the promoter for each vendor who intends to be included under the promoter’s
temporary special sales event permit and shall be remitted by the promoter to the City three days prior
to commencement of the temporary special sales event. The promoter shall be personally responsible
for all sums collected, or any sum which should have been collected from a vendor.
(2) In the event the City is to provide either all or a portion of the crowd or traffic control, in addition to the
fee provided above, an additional fee in the amount to be determined by the Chief of Police, which will be
calculated upon the number of police officers that must be present to provide adequate public safety, multiplied
by the current overtime hourly rate paid for the highest patrolman classification in effect at the time of the
event for the period of time for which traffic and/or crowd control will be necessary.
(3) The permit fee (other than the City’s costs for crowd and/or traffic control) may be waived by the City
Council upon application sponsored by a bona fide nonprofit corporation, charity, religious or political
organization.
No fee shall be imposed when prohibited by the First and Fourteenth Amendments to the United States
Constitution or the Washington Constitution. Political or religious activity intended primarily for the
communication or expression of ideas shall be presumed to be a constitutionally protected event. Factors that
may be considered in evaluating whether or not the fee applies include: the nature of the event; the extent to
which the fee creates an unreasonable burden upon constitutionally protected activities; the extent of
commercial activity, such as the sales of goods, food, and services; product advertising or promotion, or other
business participation in the event; the use or application of any funds raised in the conduct of previous events
sponsored by the same promoter.
(4) Bond. The City may require the posting of a bond of sufficient amount to insure the satisfactory
compliance with the conditions of permit issuance, including the costs of cleanup and repairs.
(5) Nothing herein shall relieve any promoter or applicant from complying with all other required federal,
state, and local regulations, fees and licensing requirements.
(6) The permit fee shall be paid prior to the event and shall not be refundable. [Ord. 4372 § 33, 2017; Ord. 3560
§ 22, 2002; Ord. 3524 § 4, 2001; Code 1970 § 5.25.070.]
5.35.140 Procedure for application approval.
(1) Applications shall be made to the City Clerk. All applications for permits issued under this chapter shall
be made no less than 30 days prior to the scheduled event, except in the case of outdoor music festivals, which
shall be submitted not less than 90 days prior to the first scheduled day of the event. The completed application
and required documents shall be circulated by the City Clerk for review and recommendation to the Chief of
Police, the Fire Chief, and the Community Services Director. Based upon the recommendation of the said
department heads, the City Clerk may issue a permit, deny a permit, or set conditions, limitations or
restrictions that must be met before a permit may be granted. The City shall timely process a complete
application and promptly respond to the applicant.
(2) The denial of any permit or the imposition of any conditions, limitations or restrictions incident to the
granting of a permit shall be based solely upon those requirements reasonably necessary to protect the peace,
health, safety and welfare of those both participating in the event and others using the public facilities. No
permit shall be granted, conditioned or denied based upon the content of the applicant’s stated purpose,
expression of lawful speech because of race, creed, color, national origin, families with children, sex, marital
status, age, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or
service animal by a disabled person.
(3) If conditions are imposed, the applicant shall furnish proof that all conditions have been met before any
permit may be issued.
(4) The permit shall be posted in a conspicuous place on the premises where the event is conducted. No
permit issued pursuant to this chapter shall be transferable to any entity or person other than applicant, or
removed to another location, date or time than that stated on the application. [Ord. 3560 § 23, 2002; Ord. 3524 § 4,
2001; Code 1970 § 5.25.080.]
5.35.150 Appeal.
Any person aggrieved by the issuance, denial, or conditions imposed upon the permit may seek review of the
determination by the City Manager within five days of the determination.
At such hearing, the applicant shall have the burden of proof showing that the determination was arbitrary,
capricious, or contrary to the requirements of this chapter.
The determination of the City Manager shall be final unless appealed to the City Council within 10 days of the
City Manager’s determination. [Ord. 3524 § 4, 2001; Code 1970 § 5.25.090.]
5.35.160 Revocation of permit.
Notwithstanding any of the provisions of this chapter, the City may issue an emergency order revoking a
permit upon a failure to comply with the terms and conditions of the permit, or when the Chief of Police, the
Fire Chief, or the City Manager believes that such action is necessary for the immediate preservation of the
public peace, health, safety or general welfare. The emergency order shall set forth the grounds upon which it
is based, including a statement of facts constituting the emergency necessitating such action. The emergency
order shall be effective immediately upon issuance and service, whether written or verbal, upon the permittee
and participants. Failure to comply with any conditions of approval or representations made within the
application documents shall be grounds for immediate revocation of the permit. [Ord. 3524 § 4, 2001; Code 1970
§ 5.25.100.]
5.35.170 Crowd and traffic control.
(1) In reviewing each application, the Police Chief shall determine the minimum number of police officers
and the number of hours for each officer to be in attendance at the event for the purpose of providing crowd
and traffic control.
(2) At the applicant’s request, the Police Department shall determine the minimum number of private security
officers and the number of hours for each officer to be in attendance at the event for the purpose of providing
traffic and crowd control. This shall be in lieu of the requirement of the City’s police officers. The applicant
may request a computation of the number of City police officers and their hours in combination with the
number of private security officers and their hours in lieu of having security provided entirely by the City
Police Department or entirely by private security officers.
(3) The number, duties, and gender of police or security officers that may be required by the Police
Department for approval shall be based upon the following:
(a) The type of event and the estimated attendance;
(b) The design and location of the premises;
(c) The past history of disorder, criminal events and demand for safety services associated with prior
events held by the applicant, the type of event, or the premises in which it is located;
(d) The past record of the private security agency providing crowd and traffic control for such
events; and
(e) The physical abilities and training of the police officers or private security officers assigned to the
event.
(4) Police and fire officials shall be provided necessary access to the event premises. Failure to allow access
shall be grounds for permit revocation. [Ord. 3524 § 4, 2001; Code 1970 § 5.25.110.]
5.35.180 Street and intersection closures.
(1) Each application for a special events permit which includes a request for a closure (or partial closure) of a
street or intersection shall include the following:
(a) Indemnity. The applicant shall be required to sign a statement that he or she shall defend,
indemnify and otherwise hold harmless the City of Pasco, its officers, employees and agents from any
and all claims or liability arising from the City’s grant of permission for or the actual conduct of the
special event associated with, and including, such street closure.
(b) Insurance. The applicant shall provide evidence of liability insurance coverage, for review by the
City’s Risk Manager, with the City of Pasco, its officers, employees and agents named as additional
insured parties and offering death, personal injury and property damage liability in an amount not less
than $1,000,000.
(c) Notice. The applicant shall provide for payment of one newspaper publication and posting, at
each end of the to be closed portion of the street and at all intersecting streets, of the notice of street
closure (for closures of duration in excess of 12 hours) pursuant to RCW 47.48.020; or for closures of
less than 12 hours, posting of such notice, posting only as outlined above.
(d) Traffic Control Plan and Devices. The applicant shall provide a plan and such barricades, traffic
cones or signs, in conformance with the most current version of the Manual on Uniform Traffic
Control Devices (MUTCD) as adopted by the State of Washington and approved by the City
Engineer, as are necessary to accomplish the proposed closure. The City does not provide or lend
traffic control equipment except for City-sponsored events and closures.
(e) Review Fee. A review fee, which shall be in addition to any special event fee, and as set forth in
Chapter 3.35 PMC, shall be required with each application for closure of a street or intersection. The
fee shall be nonrefundable, regardless of whether the application is approved or denied.
(2) Each street closure request contained within an application for special event shall be reviewed by a
committee consisting of the City Engineer (or designee), the Police Chief (or designee) and the City Fire Chief
(or designee). The committee shall determine if requested street or intersection closures will be allowed,
together with any additional requirements for traffic flow, public safety, access or public notice. Any appeal of
the decision of the committee may be made to the City Manager pursuant to PMC 5.35.150.
(3) The committee shall approve an application for a street or intersection closure which satisfies the
requirements set out in subsection (1) of this section, together with such other requirements as the committee
may impose, pursuant to subsection (2) of this section, unless it finds one or more of the following conditions,
in which case the application shall be denied:
(a) That the closure is likely to unreasonably interfere with vehicle or pedestrian traffic flow; or
(b) That the closure is likely to create an unmitigatable danger to vehicular or pedestrian traffic; or
(c) That the closure will cause irrevocable interference with previously approved and/or scheduled
construction, maintenance or other activities; or
(d) That the closure will seriously inconvenience the general public’s use of public property,
services or facilities; or
(e) That there is not sufficient public safety personnel or other necessary city staff to accommodate
the closure so that it may occur in a reasonably safe manner; or
(f) That the closure would endanger public safety or health; or
(g) That the closure would be likely to cause unreasonable damage to public properties or facilities;
or
(h) That the closure is not necessary to accommodate an event or activity sponsored by a public
entity or available to the general public for the period of the closure. [Ord. 4074, 2012; Code 1970
§ 5.25.115.]
Section 2. Pasco Municipal Code Chapter 5.52 Parklets and Public Space Cafes is
amended as follows:
Chapter 5.52
PARKLETS, AND PUBLIC SPACE CAFÉS, AND SIDEWALK DISPLAYS
Sections:
5.52.010 Purpose and intent.
5.52.020 Permit required.
5.52.030 Definitions.
5.52.040 Eligibility.
5.52.050 Terms and conditions.
5.52.060 Design standards.
5.52.070 Conversion of parking spaces for a public space café.
5.52.080 Application.
5.52.090 Sidewalk Displays
Section 3. Pasco Municipal Code 5.52.030 is amended as follows:
5.52.030 Definitions.
“Parklet” means the use of the sidewalk, planting strip, curb space, alley, or parking space by the City as a
temporary or semipermanent public space.
“Pedestrian clear zone” means an area of the sidewalk reserved for pedestrians and free of elements such as
street furniture, planters, fire hydrants, and street trees.
“Public space café” means the use of the sidewalk, planting strip, curb space, alley, or parking space by an
adjacent restaurant, café, or bar into a temporary or semipermanent area for use by patrons.
“Sidewalk Display” means the use of the sidewalk, planting strip, curb space, or alley by an adjacent retail
establishment for display of merchandise.
Note: The photos below are examples of public space uses and are not intended to serve as regulations or
standards as part of this code.
Figure 5.52.030.01. A public space café using sidewalk space adjacent to the business frontage to
provide additional seating for customers.
Figure 5.52.030.02. A public space café positioned between the sidewalk and the curb takes advantage
of street trees to provide dappled shade to customers.
Figure 5.52.030.03. Parking spaces converted into a public space café using a platform to meet curb
grade.
Figure 5.52.030.04. A parklet design turns parking spaces into a public area with swings and tables.
Figure 5.52.030.05. A nursery creates a sidewalk display using potted plants.
Figure 5.52.030.06. Shoppers browse through clothing racks displayed in front of a main street retail
store.
Section 4. Pasco Municipal Code 5.52.060 is amended as follows:
5.52.060 Design Standards.
Obtaining a permit for a public space café is contingent upon adhering to the following design standards. In
cases where compliance is not feasible, the Community and Economic Development Department may work
with the applicant to determine a solution and issue a permit at their discretion.
(1) The placement of a public space café shall not obstruct vehicular traffic or the use of any crosswalk,
wheelchair ramp, bus, or taxi zone.
(2) Pedestrian Clear Zone.
(a) Use of sidewalks shall not reduce pedestrian clear zone to less than three four feet.
Figure 5.52.060.01. The location of the sidewalk cafe shall not reduce or obstruct the
pedestrian clear zone to less than three four feet to the obstruction.
(3) Perimeter Treatments.
(a) Public space cafés require a barrier 30 inches tall or greater around all sides of the café that border a travel
lane or parking lane. Planter boxes are permitted to be used as barriers.
(b) Alcohol.
(i) If alcohol will be consumed at a public space café, there must be a temporary or permanent 42-inch barrier
around the sidewalk café, or businesses may apply to use only demarcations (café markers) by submitting an
alteration request form to the Washington State Liquor and Cannabis Board.
(ii) If alcohol will be consumed at a public space café located in a parking space, there must be a temporary or
permanent 42-inch barrier around all sides adjacent to a travel lane or parking lane.
(c) Fencing shall allow for visibility into and out of the café.
(d) Upon approval of a public space café that uses the sidewalk, the City shall issue café markers, which are to
be installed at corners and at maximum 10 feet apart to mark the café extents.
Figure 5.52.060.02. Café markers will be issued by the City and shall be installed at
corners of café and at maximum 10 feet apart to mark the café extents.
(4) Setbacks.
(a) A setback of five feet or greater from curb ramps, traffic signs, utility poles, fire hydrants, bike racks, and
other street fixtures is required.
(b) Public space cafés using the sidewalk:
(i) A setback of three feet or greater from the front of the curb is required wherever a café abuts a parking
lane.
(ii) A setback of 10 feet or greater from the corner curb radius area is required.
(c) Public space cafés using one or more parking spaces:
(i) A setback of one foot or greater from adjacent travel or bicycle lane is required.
(ii) A setback of two feet or greater is required from adjacent parking spaces. Buffer space may be used for
planters.
(iii) A setback of five feet or greater is required from handicapped parking spaces.
Figure 5.52.060.03. A three-foot setback from the front of the curb is required. A five-foot
setback is required from street fixtures such as utility poles, bike racks, etc. A 10-foot
setback is required from the corner curb radius area.
Figure 5.52.060.04. Café must be set back one foot from adjacent travel or bicycle lane.
(5) Vertical Elements. Overhead features may not extend into the travel lane and must provide at
least eight feet of clearance if over the sidewalk.
Figure 5.52.060.05. Overhead features may not extend beyond the street edge and must
provide at least eight feet of clearance if over the sidewalk.
(6) Ground Plane Elements. If a public space café is on a platform, the platform must be flush with the top of
the curb.
(7) Lights and Electrical Elements.
(a) Electrical cords may not be placed on the pedestrian path of travel.
(b) Use of extension cords is limited to periods not exceeding 90 days, in accordance with IFC Section 603.8.
Section 5. Pasco Municipal Code Chapter 5.52.080 is amended as follows:
5.52.080 Application
(1) All requests for a public space café permit shall be made on the form provided by the city, which will be
reviewed by the Community and Economic Development Department.
(2) Applicants shall be required to provide proof of liability insurance, naming the City of Pasco as an
additional insured in the amount of $1,000,000.
(3) The application shall include the applicable fee as set forth in PMC 3.35.050.
(34) Built structures such as platforms or overhead structures are subject to additional
Section 6. Pasco Municipal Code Chapter 5.52.090 is amended as follows:
5.52.090 Sidewalk Displays.
Sidewalk displays provide a way for retail establishments to creatively display merchandise for view by
passersby by utilizing right-of-way space. Like Public Space Cafés, Sidewalk Displays add interest to the
pedestrian experience, while also providing ways for small businesses to attract customers. Sidewalk Displays
must not interfere with pedestrian movement or other functions of the public way.
(1) Permit Required
(a) No person shall operate a sidewalk display in the public place without obtaining a sidewalk display
permit.
(c) A sidewalk display permit expires if: the business changes ownership or the business vacates the
premises, except when a permit transfer is approved by the Community and Economic Development
Department; the sidewalk display permit duration expires; or sidewalk display permit fees are not
paid.
(d) All Sidewalk Display permits are of a temporary nature and vest no permanent rights. The
Community and Economic Development Department may suspend any Sidewalk Display permit for
transportation mobility or public safety purposes.
(e) All requests for a Sidewalk Display shall be made on the form provided by the city, which will be
reviewed by the Community and Economic Development Department.
(f) Application shall be submitted no less than 15 days prior to the date of the event.
(g) Applications must include the applicable fee as set forth in PMC 3.35.050.
(2) Eligibility
To be eligible for a Sidewalk Display, businesses must have building frontage in Pasco on a street with a speed
limit of 30 mph or less
(3) Requirements
(a) Sidewalk Displays are allowed on sidewalks, parking spaces, alley ways or other public spaces
abutting the eligible business’s property.
(b) Sidewalk Displays shall only include merchandise for sale and display materials such as clothing
racks. Additional permitted items include chairs or benches.
(c) The placement of a Sidewalk Display shall not obstruct vehicular traffic or the use of any
crosswalk, wheelchair ramp, bus, or taxi zone.
(d) Use of sidewalks shall not reduce pedestrian clear zone to less than four feet.
(e) A setback of five feet or greater from curb ramps, traffic signs, utility poles, fire hydrants, bike
racks, and other street fixtures is required.
(f) A setback of three feet or greater from the front of the curb is required wherever a display abuts a
parking lane.
(g) A setback of 10 feet or greater from the corner curb radius area is required.
Section 7. Pasco Municipal Code 5.75.040 is amended as follows:
5.75.040 Exemptions.
The provisions of this chapter shall not be construed to apply to the following: (1) The following shall not be
required to obtain a mobile vending permit:
(a) Persons selling only fruits, vegetables, berries, eggs or any farm produce or edibles raised,
gathered, produced or manufactured by such persons in the State of Washington per RCW 36.71.090.
(b) Persons selling only trees used for the celebration of the Christmas season. [Ord. 4722 § 3, 2024;
Ord. 2826 § 1, 1991; Code 1970 § 5.10A.030. Formerly 5.75.030.]
(2) The above described vendors shall adhere to the requirements set forth in 5.75.100(1).
Section 8. Pasco Municipal Code Chapter 5.90 Rummage and Yard Sales is amended as
follows:
Chapter 5.90
RUMMAGE AND YARD SALES
Sections:
5.90.010 Definitions.
5.90.020 Yard sales.
5.90.030 Rummage sales.
5.90.040 Sales in hospitals or schools.
5.90.050 Violations.
5.90.010 Definitions.
“Nonprofit organization” includes but is not limited to fraternal organizations, hobby societies, educational
societies, historical societies, museums, hospital auxiliary groups, churches, church auxiliary organizations,
student groups and parent-teacher organizations.
“Rummage sale” means a rummage sale, white elephant sale, auction sale or any similar sale of merchandise
by a nonprofit organization when the proceeds of such sale are intended to be used in a community service,
child or youth activity, charitable or other welfare work.
“Yard sale” means a yard sale, patio sale, garage sale or any similar sale of merchandise by an individual or
group for profit when the merchandise to be sold is offered to the general public. [Ord. 1499 § 1, 1971; Code 1970
§ 5.52.010.]
5.90.020 Yard sales.
(1) Yard sales shall be limited to two such sales in each calendar year for each individual household. No sale
shall be conducted for a period of no more than two consecutive calendar days.
(2) Merchandise offered for sale at a yard sale must consist of used or secondhand material owned by the
members of the individual household.
(3) Any individual household before conducting any yard sale must have a permit. Such a permit is obtained
by making application at least 24 hours prior to commencement of the sale, at the Finance office or online at
the City’s website (permit application). The application must be made by a member of the individual
household 18 years of age or older and shall describe the location and dates of the sale.
(4) Upon completion and approval of the application a permit shall be issued containing the information
shown in the application. No fee shall be required for yard sale permits.
(5) Permits issued under this section. Yard sales shall be restricted to properties zoned or used for residential
purposes on private property and shall not be permitted on sidewalks, alleys, streets or any other public way.
Location shall be limited to property occupied by the person making the application for the permit. Sales in
commercial or industrial areas are subject to “temporary special sales events” permits per Chapter PMC 5.35
PMC.
(6) Any sale shall be conducted in an orderly manner and shall not constitute a public nuisance nor hazard to
persons or property.
(7) Yard sale signs are allowed only for permitted yard sales in conformance with PMC 17.15.020. [Ord. 4100,
2013; Ord. 3560 § 45, 2002; Ord. 1499 § 2, 1971; Code 1970 § 5.52.020.]
5.90.030 Rummage sales.
(1) Nonprofit organizations as defined herein may conduct rummage sales upon issuance of a permit by the
City Clerk. The permit will be issued when an application is submitted by an authorized member of the
organization. The application shall show the name and type of organization, intended use of proceeds from the
sale, type of materials to be sold, the location and the date of the sale.
(2) A fee as set forth in Chapter 3.35 PMC shall accompany each application for permit and a permit shall be
required for each separate sale. The sale shall be conducted for a continuous period of not more than two
calendar days. The permit shall be displayed at the site of the sale.
(3) Location shall not be limited by application of any zoning requirements, but shall be restricted to private
property not necessarily occupied by the organization conducting the sale. Sale shall not be conducted on
sidewalks, alleys, streets or other public ways; except as expressly authorized by the City Council.
(4) Sales permitted herein shall be conducted in an orderly manner and shall not constitute a public nuisance
nor hazard to persons or property. [Ord. 3560 § 46, 2002; Ord. 1499 § 3, 1971; Code 1970 § 5.52.030.]
5.90.040 Sales in hospitals or schools.
Nothing contained in this chapter shall restrict or prohibit the operation of gift shops in neither hospitals nor
sales by school or parent-teacher organizations within public or private schools. [Ord. 1499 § 4, 1971; Code 1970
§ 5.52.040.]
5.90.050 Violations.
The conduct of any sale described herein without possession of the permit required herein or any false
statement made in an application for a sale permit shall be considered a violation of this chapter. Any person or
organization who shall violate any provision of this chapter will be subject to a fine of not more than $500.00.
Each day of violation hereof may be considered a separate offense. [Ord. 1499 § 5, 1971; Code 1970 § 5.52.050.]
Section 9. Pasco Municipal Code Chapter 5.95 Sidewalk Sales is hereby repealed.
Section 10. Amending the Pasco Municipal Code Chapter 9.40.020 Consumption within
park and recreation facilities prohibited without permit.
Chapter 9.40.020
CONSUMPTION WITHIN PARKS AND RECREATION FACILITIES
PROHIBITED WITHOUT PERMIT
(1) It is unlawful to open a package containing liquor, or to possess or display an open container of liquor or to
consume liquor in any City park or recreation buildings, facility or structures within the City without a current
rental permit issued by the City. A rental permit may be issued upon application for such rental permit from the
Administrative and Community Services Parks and Recreation Director of the City of Pasco or his designee.
Such rental permit may be issued on the following conditions:
(a) The applicant must produce evidence that he has a banquet permit from the Washington State Liquor
Control Board;
(b) Payment of rent in an amount 50 percent higher than the regular rental fee;
(c) The applicant deposits a sum determined by the Administrative and Community Services Parks and
Recreation Director to be sufficient to insure proper performance of cleanup by the applicant subsequent to the
event for which the banquet and rental permit is issued and for payment of damages;
(d) The applicant furnishes to the City evidence that he has in full force and effect a liability insurance policy
that includes liquor liability, in such amounts and coverages as prescribed by the City’s insurer covering any
bodily injury or property damage arising out of or in any way connected with the use of the City facility by the
applicant. A surety bond approved by the City in the same amounts may substitute for insurance;
(e) The applicant must affirm in writing that the attendance at the function for which the rental permit is
issued is not pursuant to a general invitation to the public, but pursuant to invitations to either specifically
named individuals or to actual members of the applicant’s organization; provided, that the Community and
Economic Development Director, or designee City Council may waive this requirement by resolution upon a
showing by the applicant that special circumstances exist which would merit such waiver, and that adequate
provisions have been made to accommodate the anticipated number of persons who attend the function for
which the rental permit is issued;
(f) The applicant agrees that he or she will save the City of Pasco harmless from all losses or damage
occasioned to him or her or to any third person or party by reason of any act or omissions of the applicant or
anyone using the premises pursuant to the rental permit. He or she shall, after reasonable notice thereof, pay
the expense of any suit which may be commenced against the City of Pasco by any third person alleging injury
or loss by reason of such acts;
(g) The applicant shall furnish written confirmation from the Chief of Police of the City of Pasco that adequate
provision has been made by the applicant for police, security, and traffic control, considering the type of
activity purposed by the applicant;
(h) The applicant shall comply with all applicable fire codes and regulations.
(2) Any person violating this section shall be guilty of a Class 3 civil infraction and subject to the penalties
imposed thereon by law. [Ord. 3757 § 1, 2006; Ord. 3495 § 1, 2001; Ord. 2333 § 1, 1982; Code 1970 §
9.20.020.]
Section 11 . Amending the Pasco Municipal Code Chapter 3.35 Fee Summary.
Chapter 3.35
Fee Summary
3.35.050 Business Licenses.
Fee/Charge Reference
License base fee $80.00 5.05.160
Employee fee – per full time
equivalent
$20.00 5.05.160
Late penalty:
Regulatory license (unless otherwise
specified)
$30.00 5.05.160
Special events:
Athletic, competitive or
festival
$25.00 5.35.130
Auction sales – for 3 days $75.00 5.35.130
Carnivals and circuses – first
day fee
$275.00 5.35.130
Each and every day after first $125.00 5.35.130
Concert $25.00 5.35.130
Dance hall – without liquor $75.00 5.35.130
Dance hall – with liquor $350.00 5.35.130
Demonstration $15.00 5.35.130
Outdoor music festival $25.00 5.35.130
Parade $15.00 5.35.130
Public dance $15.00 5.35.130
Special events in public space permit fee $50.00 5.35.030(3)(e)
Neighborhood block party permit fee $50.00 5.35.040(3)(c)(vii)
Street festival permit fee $50.00 5.35.040(4)(c)(iii)
Special assembly permit fee $200.00 5.35.050(3)(c)
Temporary special sales event –
(maximum for event $500.00)
$40.00 for the first
vendor 5.35.130 5.35.060(3)(f)
Each additional vendor $20.00
Public space café permit fee $50.00 5.52.080(3)
Sidewalk display permit fee $50.00 5.52.090(1)(g)
Street and intersection closure review
fee
$50.00 5.35.180(1)(e)
Fireworks sales and wholesale
distribution
5.35.050
License fee per annum $100.00 5.96.030
- fire safety inspection ($75.00)
- license fee ($25.00)
Solicitors $150.00 5.65.060
Pawnshop $250.00 5.80.020
Ambulance service business license $150.00 5.15.030
Amusement device distributor $500.00 5.40.060
Amusement device user – 1-6
machines
$50.00 5.40.060
Amusement device user – 6+
machines
$100.00 5.40.060
Adult entertainment facility: $700.00 5.20.110
Adult entertainer $150.00 5.20.110
Adult waitperson $150.00 5.20.110
Adult ent. bus. mgr. $150.00 5.20.110
Taxicab and transportation network
company licensing
Annual for-hire (taxicab/TNC)
business license application review
and business license fee in the amount
as follows:
5.110.040
Companies employing or contracting
with 10 or fewer drivers
$300.00
Companies employing or contracting
with 11 to 40 drivers
$700.00
Companies employing or contracting
with 41 or more drivers
$2,000.00
Annual for-hire driver business license $40.00 5.110.050
Photograph (as applicable) $5.00 5.110.060
Fingerprints (as applicable) $10.00 5.110.060
Criminal history check (as applicable) $30.00 5.110.060
WSP/FBI criminal history check $34.75 5.110.060
Sidewalk sales No fee 5.95.010
Mobile home park
Inspection fee $20.00 19.15.040
Yard sale permit No fee 5.90.020
Yard sale sign violation $50.00 17.15.020
Section 12. Severability. If any section, subsection, sentence, clause, phrase or word of
this ordinance should be held to the invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or
constitutionality of any other section, subsection, sentence, clause phrase or word of this
ordinance.
Section 13. Corrections. Upon approval by the city attorney, the city clerk or the code
reviser are authorized to make necessary corrections to this ordinance, including scrivener’ s
errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or
numbering or referencing of ordinances or their sections and subsections.
Section 14. Effective Date. This ordinance shall take full force and effect five (5) days
after approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington this _____ day of _________
2026.
APPROVED AS TO FORM:
___________________________
Ogden Murphy Wallace, PLLC
City Attorney
David Milne
Mayor Pro Tem
ATTEST:
_____________________________
Krystle Shanks
Deputy City Clerk
Published: Sunday, May 22, 2026