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ORDINANCE NO. 3560
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING TITLE 5, ENTITLED "BUSINESS LICENSES AND
REGULATIONS."
WHEREAS, significant changes have occurred since the enactment of
Title 5 of the Pasco Municipal Code entitled "Business Licenses and
Regulations" as well as changes in individual sections which have resulted in
inconsistencies, outdated provisions and redundancies, and
WHEREAS, it is necessary to update this Title to eliminate such
inconsistencies and clarify the uniform application of these provisions, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
HEREBY ORDAIN AS FOLLOWS:
Section 1. That Section 5.04.080 entitled "Transfers" shall be and
hereby is amended and shall read as follows:
5.04.080 TRANSFERS. Licenses may be transferred upon application
submitted to the City Clerk and payment of a thiAy seven della transfer fee as
set forth in Chapter 3.07 of this code. Upon payment of the transfer fee, and
satisfactory compliance with other applicable City ordinances and general laws,
the Clerk shall issue the license. (Ord. 3394 Sec. 1, 1999; Ord. 1447 Sec. 2,
1970; Ord. 1422 Sec. 1, 1970; prior code Sec. 3-1.52.)
Section 2. That Section 5.04.120 entitled "Maximum Fee" shall be and
hereby is amended and shall read as follows:
5.04.120 MAXIMUM FEE. No annual Heense fee shall ex-eeed five
i,tind-e ($690.001 dell fs e The maximum annual license fee will be
as set forth in Chapter 3.07 of this code. (Ord. 3394 Sec. 1, 1999, Ord. 2223
Sec. 1. 1980; Ord. 1907 Sec. 1, 1977: Ord. 1403 Sec. 1, 1969; prior code Sec.
3-1.68.
Section 3. That Section 5.04.130 entitled "Base Fee" shall be and
hereby is amended and shall read as follows:
5.04.130 BASE FEE. All persons engaged in business other than those
specifically identified elsewhere in this title shall pay, a base license fee of
spy f;..e ($76.00) d,,,,ar- per year, as set forth in Chapter 3.07 of this code
plus square footage charges as defined in section 5.04.140 and outside area
charges as defined in section 5.04.150. (Ord. 3394 Sec. 1, 1999.)
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Section 4. That Section 5.04.140 entitled "Square Footage Charges"
shall be and hereby is amended and shall read as follows:
5.04.140 SQUARE FOOTAGE CHARGES. The first three thousand
square feet of floor space is included in the basie base fee. The A sum of th4
($80.09) ,collars as set forth in Chapter 3.07 of this code shall be added for
each additional increment of three (3000) square feet or any fraction thereof.
(Ord. 3394 Sec. 1, 1999; Ord. 2223 Sec. 2, 1980; Ord. 1907 Sec. 2, 1977; Ord.
1403 Sec. 2, 1969; prior code Sec. 3-1.76.)
Section 5. That Section 5.04.150 entitled "Outside Area Charges" shall
be and hereby is amended and shall read as follows:
5.04.150 OUTSIDE AREA CHARGES. Outside area charges of ft"
460.00) dallaT-s as set forth in Chapter 3.07 of this code shall be charged for
every person having an outside area used for selling, display, or storage. Such
outside area charges shall be in addition to the base fee and square footage
charges. (Ord. 3394 Sec. 1, 1999.)
Section 6. That Section 5.04.160 entitled "Fees" shall be and hereby is
amended and shall read as follows:
5.04.160 FEES. An annual license fee as set forth in Chapter 3.07 of
this code shall apply for the following business categories:
(A) RENTALS - DWELLING UNITS. Any person renting or making
available for rent to the public any dwelling unit shall secure a license
registering each dwelling unit including a certification warranting that each
such dwelling unit complies with the Uniform Housing Code as adopted by the
City and does not present conditions that endanger or impair the health or
safety of the tenants. For the purpose of this section "dwelling unit" shall
mean any structure or part of a structure which is used as a home, residence
or sleeping place by one, two or more persons maintaining a common
household, including but not limited to single family residences and units of
multiplexes, apartment buildings and mobile homes. The annual business
license fee shall be $30.00 paw for each independent business location and
the first unit and $-`.x.99-an additional fee for each additional rental dwelling
unit available for rental to the public by the applicant. All revenues received
from this business license fee shall be utilized exclusively for the cost of
issuance of the license provided herein and the administration of Chapter 5.78
of this title. Issuance of the business license shall be contingent upon
submission of the certification, inspection, as required by this title, payment of
the fee provided above and compliance with Chapter 5.78 of this title. (Ord.
3325 Sec. 1, 1998; Ord. 3231 Sec. 1, 1997; Ord 2992, Sec. 1, 1994.)
(B) AUCTION SALES. All auction sales shall pay a regular business
license 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
Ordinance Amending PMC Title 5
Page 2
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 Clerk at least five 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:
(1) Judicial sales held pursuant to an order of the court; or
(2) Non judicial sales held under the authority of and pursuant
to a federal or state statute: or
(3) 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
(4) An auction conducted by or under the direction of a public
authority; or
(5) Wholesale auctions and stockyard auctions, which will be
required to pay the regular license fee. All auction sales to which the
above license fee provision applies shall be required to submit with their
license application a legible photo copy 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. (Ord. 2831 Sec. 1,
1991.)
6 Auction sales shall be required to comply with the Special
Events provisions set forth in this code.
(C) BANKS AND FINANCE AGENCIES. All banks and finance agencies
shall pay an annual fee. Each branch
shall be construed to be a separate bank for purposes of this chapter.
(D) BOWLING ALLEYS. Bowling alleys shall pay
($75.00) delle&s an annual fee for the first alley and an
additional fee for each additional alley.
(E) COMMERCIAL RENTALS. Any person renting or subletting any
type of property, unimproved or improved, other than apartments and sleeping
rooms, and who has three (3) or more such properties or units available shall
pay an annual fee plus tree ($3.00) d. lla an
additional fee per unit per- year. Each separate tenant in a building or of a
tract. of land shall constitute a separate unit for purposes of this chapter.
(F) DRAY AND TRANSFER. All persons engaged in the business of
draying or transferring, or the moving of goods and commodities for hire, shall
pay an annual fee on the first truck or
conveyance, and five `$5.00' delle s an additional fee for each additional truck
or conveyance. If a storage or warehousing business is carried on in
Ordinance Amending PMC Title 5
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conjunction with the dray and transfer business, square footage charges shall
also be paid.
(G) HOTELS, MOTELS AND CABIN COURTS. All hotels, motels and
cabin courts, or places where rooms are kept for rent for the accommodation of
the traveling public, whether rented by the day, by the week or month, shall
pay an annual fee plus five Elelle&a an
additional fee for each unit.
(H) LIQUOR SALES WITH AND WITHOUT DANCING. Any place
serving beer, wine or other intoxicating liquor shall pay .
mss-peke an annual fee, plus square footage charges. Any place serving
beer, wine or any other intoxicating liquor and providing dancing shall pay
an annual fee, plus square
footage charges. If dancing alone is provided in conjunction with some other
business not involved in the sale of beer, wine or other intoxicating liquor, the
fee shall be an annual fee, plus square
footage charges.
(1) MORTUARIES. (Repealed: Ord. 3394 Sec. 1, 1999.)
(J) BUSINESSES LOCATED OUTSIDE CITY. All persons not having a
business location in the City but engaging in any business within the City shall
pay an annual fee.
(K) PROFESSIONAL BOXING AND WRESTLING EXHIBITION. All
persons staging professional boxing or wrestling matches shall pay seve ty f'_ -�
($76,00) dollars a fee per show.
(L) SERVICE STATIONS. (Repealed: Ord. 3394 Sec. 1, 1999.)
(M) SLEEPING ROOMS AND ROOMING HOUSES. Any person renting
sleeping rooms by the month or week only and not by the day or night and who
has four or more such rooms or units available shall pay .
dollars per ye an annual fee plus 1We($5.00)-aa'�a an additional fee per
room or unit per-ye .
(N) THEATERS. Theaters shall pay
Eleflar-s-pef ye an annual fee.
(0) USED CAR LOTS. (Repealed: Ord. 3394 Sec. 1, 1999.)
(P) VAUDEVILLE AND TRAVELING SHOWS. (Repealed: Ord. 3394
Sec. 1, 1999.)
(Q) ALL OTHER BUSINESSES. (Repealed: Ord. 3394 Sec. 1, 1999.)
(R) TRADE SHOWS, EXPOSITIONS AND FAIRS. Repealed. (Ord.
3394, Sec. 1, 1999; Ord. 3212 Sec. 1, 1997; Ord. 2223 Sec. 4, 1980; Ord. 1907
Sec. 3, 1977; Ord. 1403 Sec. 3-22, 1969; Ord. 1269 Sec. 1, 196; prior code
Sec. 3-1.90 - 3-1.162.)
Section 7. That Section 5.04.190 entitled "Late Payment Fee" shall be
and hereby is amended and shall read as follows:
5.04.190 LATE PAYMENT FEE. A late payment fee shall
be added to each annual license not procured before March 15' of each and
every year to help defray added administrative expenses because of such late
payment. Late payments shaH be as f"rt==9 fees shall be as set forth in
Chapter 3.07 of this code.
Ordinance Amending PMC Title S
Paee 4
Dwelling Units fifteen da-HEffs end
,
Section 8. That Section 5.06.030 entitled "Permit Fee" shall be and
hereby is amended and shall read as follows:
5.06.030 PERMIT FEE. The charge for the license under this chapter
shall be as set forth in Chapter 3.07 of this code
plus an additional five dallexs fee per each one hundred square feet of rentable
space. "Rentable space" means all space at the building or "business location"
to be used for the undertaking being licensed except for that space specifically
set aside and designated for vehicle parking only. (Ord. 3394 Sec. 3, 1999;
Ord. 2521 Sec. 1 (part), 1984.)
Section 9. That Section 5.06.050 entitled "Term of License" shall be and
hereby is amended and shall read as follows:
5.06.050 TERM OF LICENSE. The license shall be for a period to begin
January 1 st of each year and terminate the following December 31st and must
be renewed annually. Any license which is hereinafter acquired for any
undertaking that is required to be licensed under this chapter that may begin
operation on or after July 1st of any year shall be one-half of the license fee,
which shall entitle the heense licensee to operate within the City at a particular
location until the following December 31st. Any and all licenses issued for any
new undertaking required to be licensed under this chapter which shall begin
operation after January 1st of any year, up to and including June 30th of any
year, shall be required to pay the full license fee. (Ord. 2521 Sec. 1 (part),
1984.)
Section 10. That Section 5.08.050 entitled "License Fees" shall be and
hereby is amended and shall read as follows:
5.08.050 LICENSE FEES. The license fee for solicitors hereunder shall
be as follows: For each new application, a
fee as set forth in Chapter 3.07 of this code for each calendar year or fraction
thereof, payable in advance. Fees and investigations as used in this section
refer solely to individuals and not to firms. (Ord. 3394 Sec. 4, 1999; Ord. 2223
Sec. 6, 1980; Ord. 1907 Sec. 8, 1977; Ord. 1404 Sec. 1, 1969; prior code Sec.
3-8.20.)
Ordinance Amending PMC Title 5
Paee 5
Section 11. That Section 5.10A.020 entitled "Definitions" shall be and
hereby is amended and shall read as follows:
5.10A.020 DEFINITIONS. The following terms and definitions shall be
used in the administration of this chapter:
(A) "Itinerant Vendor," shall mean any person, firm or corporation,
whether as owner, agent, consignee, or employee, whether a resident of the
City or not, who engages in a business of selling and delivery goods, wares,
food or merchandise of any kind or description, who conducts such a business
eendttet outside of a permanent structure affixed to real property. A person,
firm or corporation so engaged shall not be relieved from complying with the
provisions of this chapter merely by reason of associating temporarily with any
local dealer, trader, merchant or auctioneer, or by conductin g such temporary
business in connection with, as part of, or in the name of any local dealer,
trader, merchant or auctioneer.
Section 12. That Section 5.10A.060 entitled "Fees" shall be and hereby is
amended and shall read as follows:
5.10A.060 FEES. An initial application fee plus additional fees for each
application and license and vehicle or conveyance as set forth in Chapter 3.07
of this code shall apply for the following business categories:
(A) Stationary Vendors: An initial application fee of $60 shall be
submitted with all applications. Following approval of the application a fee of
$45 shall be paid for each business license issued under this chapter. A
separate application and license shall be required for each location of a
stationary vendor.
The application fee is not required for license renewal provided the
renewal is for the same location and provided the licensee was licensed at that
location within the last 30 days.
(B) Mobile Vendor: An initial application fee of shall be submitted
with all applications. Following approval of the application, a fee of X10:00
shall be paid for each vehicle or conveyance licensed under this chapter.
The application fee is not required for license renewal provided the
renewal is obtained within 30 days of an expired license. (Ord. 2826 Sec. 1,
1991.)
Section 13. That Section 5.12.012 entitled "License Required - Fee" shall
be and hereby is amended and shall read as follows:
5.12.012 LICENSE REQUIRED - FEE. The license fee for each
pawnbroker and second-hand dealer shall be
($250.00] as set forth in Chapter 3.07 of this code per year, plus the square
footage charges and outside area charges as set forth in Chapter 5.04 of the
Pasco Municipal Code. No person shall do business in the City as a
pawnbroker or second-hand dealer without first obtaining a license therefor
Ordinance Amending PMC Title S
Nee 6
from the City and paying the above license fee. (Ord. 2838 Sec. 1, 1991; Ord.
2223 Sec. 7, 1980; Ord. 1907 Sec. 9, 1977.)
Section 14. That Section 5.12.061 entitled "Pawnbrokers - Sale of
Pledged Property Limited -Written Documents Required for Transactions" shall
be and hereby is amended and shall read as follows:
5. 12.061 PAWNBROKERS - SALE OF PLEDGED PROPERTY LIMITED -
WRITTEN DOCUMENTS REQUIRED FOR TRANSACTIONS.
(1) A pawnbroker shall not sell any property received in pledge, until both
the term of the loan and a grace period of a minimum of sixty days lfts have
expired. However, if a pledged article is not redeemed within the ninety-day
period of both the term of the loan and the grace period, the pawnbroker shall
have all rights, title and interest of to that item of personal property. The
pawnbroker shall not be required to account to the pledge for the proceeds
received from the disposition of that item. Any provision of law relating to the
foreclosures and the subsequent sale of forfeited pledged items, shall not be
applicable to any pledge as defined under this chapter, the title to which is
transferred in accordance with this section.
(2) Every transaction entered into by a pawnbroker shall be evidenced by
a written document, a copy of which shall be furnished to the pledge. The
document shall set forth the term of the loan, the date on which the loan is due
and payable, and shall inform the pledge of the pledge's right to redeem the
pledge within sixty days after the expiration of the loan term. (Ord. 2838 Sec.
1, 1991.)
Section 15. That Section 5.16A.070 entitled "License Fee" shall be and
hereby is amended and shall read as follows:
5.16A.070 LICENSE FEE. Every circus and carnival shall pay a license
fee of twe hundr-ed eund seventy gve dollars_($276) as set forth in Chapter 3.07
of this code 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 handlers license and as per Seet4a Chapter
5.28.950(b). 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 non-profit organizations
may be issued under Section 5.04.170. (Ord. 2850 Sec. 1, 1991.)
Section 16. That Section 5.20.080 entitled "Display of License --
Replacement of Lost License - Display of Distributor's Identity" shall be and
hereby is amended and shall read as follows:
5.20.080 DISPLAY OF LICENSE - REPLACEMENT OF LOST LICENSE -
DISPLAY OF DISTRIBUTOR'S IDENTITY. License must, at all times, be plainly
displayed on premises. Said license will list the types of eleeti4e phanogfap ,
amusement devices licensed to be on said premises
Ordinance Amending PMC Title 5
Page 7
and the number of each type. In the event of the loss or destruction of a
license, a duplicate thereof may be obtained upon application therefor to the
City Clerk and the payment of a fee in the amount of one dollar. All elee#r-ie
devices owned by a distributorship,
as defined in Section 5.20.100, shall bear a sticker showing distributor's name
and address. (Ord. 1704 Sec. 4, 1975: prior code Sec. 3-10.32).
Section 17. That Section 5.20.100 entitled "License Fees" shall be and
hereby is amended and shall read as follows:
5.20.100 LICENSE FEES. The license fees to be charged hereunder
for amusement devices as
specified under Section 5.20.010, shall be five Ize r.dr-e,a aella-s r$600 nn, as set
forth in Chapter 3.07 of this code per year, or any part thereof, for each
distributor who rents, leases, maintains, conducts, or operates one or more
such evice, to be known as a
distributor's license. For purpose of this chapter, a distributor is defined as a
person, firm or corporation who furnishes by any means, except by retail sale,
for compensation, any of the eleett4eal phenegfaphs, inetehines, tables, games
eF devices licensed under this chapter for use in any business establishment
other than owned or operated by such person, firm or corporation. In addition,
the owner or operator of any business establishment having any e e
amusement device, as defined in Section
5.20.010, on said premises must pay a an annual license fee of as set forth in
Chapter 3.07 of this code.
Aagiatta4 I✓i e e Fe
_ t6 machines * 60.90
vE)" r- 6maehines inn nn
whether the machine or machines are in place the full year or any fraction
thereof. (Ord. 2430 Sec. 1, 1983; Ord. 2351 Sec. 1, 1982; Ord. 2258 Sec. 1,
1981; Ord. 2223 Sec. 9, 1980; Ord. 1704 Sec. 5, 1975; prior code Sec. 3-
10.40.)
Section 18. That Section 5.20.120 entitled "Operation by Other Than
Licensed Operator" shall be and hereby is amended and shall read as follows:
5.20.120 OPERATION BY OTHER THAN LICENSED OPERATOR. It is a
violation of this chapter if such license for any ,
amusement device is secured by a licensed operator
according to the provisions of this chapter, when in truth and in fact the
device is not and/or will not be
maintained, conducted, or operated under the license by the licensed operator,
but is, or will be maintained, conducted, or operated by some person other
than the licensed operator who thus secures a license to operate such machine
game, or device through such licensed operator in order to avoid payment to
the City of the seven hundred fifty dollar minimum yearly license fee provided
Ordinance Amending PMC Title 5
Pave 8
for in this chapter. (Ord. 2223 Sec. 10, 1980; prior code Sec. 3-10.48.)
Section 19. That Section 5.20.130 entitled "Licenses Not Transferable"
shall be and hereby is amended and shall read as follows:
5.20.130 LICENSES NOT TRANSFERABLE. Licenses shall not be
transferable from one person to another and shall not be transferable from one
type of device to another. (Ord.
1704 Sec. 7, 1975; prior code Sec. 3-10.52.)
Section 20. That Section 5.20.140 entitled "Liability of Owner or
Operator of Premises" shall be and hereby is amended and shall read as
follows:
5.20.140 LIABILITY OF OWNER OR OPERATOR OF PREMISES. The
prohibition and penalties for maintaining, operating or permitting to operate
unlicensed eleeti4ea4 phenogfaphs and athef maehines of amusement devices
shall include the person, firm or corporation operating or maintaining the place
of business wherein the unlicensed , of a
device is located. (Prior code Sec. 3-10.56).
Section 21. That Section 5.20.150 entitled "Revocation of License" shall
be and hereby is amended and shall read as follows:
5.20.150 REVOCATION OF LICENSE. Upon any person being convicted
for failure to comply with any of the provisions of this chapter, the license of
such person to maintain, conduct, or operate such ,
ffiae .ine othef amusement devices may be revoked. (Prior code Sec. 3-
10.60).
Section 22. That Section 5.25.070 entitled "Permit Fee" shall be and
hereby is amended and shall read as follows:
5.25.070 PERMIT FEE. The application provided under this Chapter
shall be accompanied by the payment of a permit fee &9 follows as set forth in
Chapter 3.07 of this code for each of the following categories:
A) Dance Hall. Base permit fee as provided in Section 5.04.130 and
5.04.140 of this Code is applicable.
B) Demonstrations, Parades, Public Dance. The pefR-At fee shall be
fifteen deflars ($15.00).
C) Concerts. Athletic and Competitive Events and Festivals. The
D) Outdoor Music Festivals. The pefffiA fiee shall be one hundf
E) Temporary Special Sales Events. The permit fee shall be twen
dellar-s ($20,00) per- vend 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
Ordinance Amending PMC Title 5
PaEe 9
maximum fee set forth in Chapter 3.07 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 (3) 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.
F) 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.
G) 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
bonafide 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.
H) 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.
(I) Nothing herein shall relieve any promoter or applicant from
complying with all other required Federal, State, and local regulations, fees and
licensing requirements.
The permit fee shall be paid prior to the event and shall not be
refundable. (Ord. 3524 Sec. 4, 2001.)
Section 23. That Section 5.25.080 entitled "Procedure for Application
Approval" shall be and hereby is amended and shall read as follows:
5.25.080 PROCEDURE FOR APPLICATION APPROVAL. Applications
shall be made to the City Clerk. All applications for Permits issued under this
Chapter shall be made no less than thirty (30) days prior to the scheduled
event, except in the case of outdoor music festivals which shall be submitted
not less than ninety (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
Ordinance Amending PMC Title 5
Page 10
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.
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 or the
sew status, r-aee, ereed, eels , sense of any
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.
If conditions are imposed, the applicant shall furnish proof that all
conditions have been met before any permit may be issued.
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. 3524
Sec. 4, 2001.1
Section 24. That Section 5.27.110(A) entitled "License-Fees and
Requirements" shall be and hereby is amended and shall read as follows:
5.27.110 LICENSE-FEES AND REQUIREMENTS.
A) The fees for each license and renewal of any license required by
this chapter shall be as fells set forth in Chapter 3.07 of this code for the
following categories:
Adult Entertainment Facility Business License s;z99:-99
Adult Entertainer's License $ 9:09
Adult Waitperson's License $y r
Adult Business Manager's License
Section 25. That Section 5.27.180 entitled "Application - Approval or
Denial - Notice" shall be and hereby is amended and shall read as follows:
5.27.180 APPLICATION - APPROVAL OR DENIAL - NOTICE.
A) The City Manager or his designee shall, within seven (7) days after
completion of the investigation of an adult entertainment facility business
license, but in no event no more than thirty-seven (37) days from the date of
receipt of the application, issue an adult entertainment facility business license
if the City Manager or his designee finds:
1) That the adult entertainment facility for which a license is
required will be conducted in a building, structure and location which
complies with the requirements and meets the standards of the
Ordinance Amending PMC Title 5
Paze l l
applicable health, zoning, building, fire, business licensing and safety
laws of the City, as was well as the requirements of this chapter.
2) That the applicant, or any of its general partners, corporate
officers or directors, employees, agents, or managers, has not made any
false, misleading or fraudulent statement of material fact in the
application for any licensee or in any report or record required to be filed
with the City; and
3) That the applicant and all or any of its general partners,
corporate officers or directors, employees, agents, or managers of the
applicant, have obtained the age of eighteen (18) years.
B) The City Manager or his designee shall, within five (5) working days
after the receipt of an application for an adult entertainment facility manager's
license, adult waitperson's license or an adult entertainer's license, issue a
temporary license pending the completion of an investigation.
C) The City Manager or his designee shall, within seven (7) days after
completion of the investigation of an adult entertainment facility manager's
license, adult waitperson's license or and adult entertainer's license, but not
more than thirty-seven (37) days from the date of receipt of the application,
issue a license if the City Manager or his designee finds:
1) That the applicant has not made any false, misleading or
fraudulent statement of material fact in the application for any license, or
in any report or record required to be filed with the City; or
2) That the applicant has attained the age of eighteen (18)
years.
D) When a license is issued or denied by the City Manager or his
designee it shall be mailed to the applicant, postage prepaid, to the address
shown on the license application.
E) Within ten (10) days of receiving a timely appeal, the City Manager
or his designee shall forward the administrative record of the licensing decision
to the City Clerk.
F) When an applicant has timely appealed the City Manager's or his
designee's licensing decision, the City Council shall review the administrative
record at the next regularly scheduled meeting for which proper notice can be
given. Written notice of the date and time of the scheduled meeting will be
given to the applicant by the City Clerk by mailing the same, postage prepaid,
to the applicant at the address shown on the license application.
G) The applicant and City Manager or his designee shall be given an
opportunity to argue the merits of the appeal before the City Council. Oral
argument by each part shall not exceed ten (10) minutes and shall be limited to
the administrative record before the Council. New evidence shall not be
presented by the parties or accepted by the City Council.
H) The City Council shall uphold the City Manager's or his designee's
decision unless it finds the decision is not supported by substantial evidence in
the administrative record. The applicant shall bear the burden of proof.
I) The City Council shall issue a written decision within ten (10) days
of hearing the appeal. The Council may uphold the City Manager's or his
designee's decision and deny the permit, overrule the City Manager's or his
designee's decision and grant the permit, or remand the matter to the City
Ordinance Amending PMC Title 5
Page 12
Managerls or his designee for further review and action. The City Manager or
his designee shall complete further action or review within thirty (30) days of
receiving the remand.
J) Either party may seek review of a final decision of the City Council
by commencing an action for review in the Franklin County Superior Court
within ten (10) days of the issue of the City Council's written decision. (Ord.
3262 Sec. 3, 1997.)
Section 26. That Section 5.27.260 (A) and (B).1 entitled "Regulations
Specifically Applicable to Adult Arcades" shall be and hereby is amended and
shall read as follows:
5.27.260 REGULATIONS SPECIFICALLY APPLICABLE TO ADULT
ARCADES.
A) General. An adult arcade shall satisfy the zoning requirements
contained in Title -2-2 25 of the Pasco Municipal Code, the requirements of this
chapter and the specific operational requirements applicable to adult arcades
contained in this section.
B) Physical Layout:
1) Each viewing booth shall be visible directly from the
entrance of the business establishment and shall not be obscured by any
curtain, door, wall or other enclosure. All viewing booths shall also be
visible from the manager's station either directly or by elese closed circuit
TV.
Section 27. That Section 5.28.125 entitled "Sidewalk Seating" shall be
and hereby is amended and shall read as follows:
5.28.125 SIDEWALK SEATING. Any food establishment licensed under
this chapter and located within the C-2 zone (Central Business District) may
upon application and receiving a permit therefore, provide sidewalk seating for
its customers adjacent to the licensed place of business, provided, however, the
food establishment must have interior seating and the outside seating shall not
exceed 25% of interior seats, and the outside seating shall not reduce usable
sidewalk width to less than six (6) feet. Such application shall include a
drawing of the proposed sidewalk location which includes the location of the
seating, the width of the sidewalk and the width of the sidewalk that will be
obstructed by the outside seating. In addition the application shall include
identification of the food establishment by reference to its regular Pasco
business license number, assurance that the area will be kept clean, the times
of day during which the outside seating will be utilized and the period of the
year for which the outside seating is requested. The City Clerk shall review
each such application with the City Planner and if in their opinion the public
interest would not be unduly restricted or subject to unreasonable or
unnecessary risk of harm or injury, the clerk shall notify the applicant that a
permit therefore will be granted subject to the payment of a one ' undi e d e"a F
{$!89 99-an annual permit-fee as set forth in Chapter 3.07 of this code and
the filing of a satisfactory hold/harmless agreement and primary liability
Ordinance Amending PMC Title 5
Page 13
insurance policy suitable to the city attorney for at least $500,909.00 which
will indemnify the City and release it from liability. Subject to such filing a
permit will be issued. (Ord. 2539 Sec. 18, 1985.)
Section 28. That Section 5.32.010 (7) entitled "Definitions" shall be and
hereby is amended and shall read as follows:
(7) "Treetsure " "Finance Manger" means the Tr-easidr-e Finance
Manger of the City of Pasco or his designee. (Ord. 3432 Sec. 1, 2000; Ord.
2837 Sec. 1, 1991; Ord. 2300 Sec. 1, 1981.)
Section 29. That Section 5.32.030 entitled "License Required" shall be
and hereby is amended and shall read as follows:
5.32.030 LICENSE REQUIRED. After January 1, 1981, no person, firm
or corporation shall engage in or carry on any business, occupation, act or
privilege for which a tax is imposed by Section 5.32.040 without first having
obtained, and being the holder of, a license so to do, to be known as an
occupation license. Each such person, firm or corporation shall promptly
apply to the '`'fear •f"" Finance Manger, or his designee, for such license upon
such forms as the Finance Manger shall deem reasonably necessary
to enable said Treasurer's office to administer and enforce this chapter, and,
upon acceptance of such application by the per Finance Manger or his
duly authorized designate, a license shall be issued to the applicant. Such
occupation license shall be personal and nontransferable and shall be valid as
long as the licensee shall continue in said business and shall comply with this
chapter. (Ord. 3432 Sec. 1, 2000; Ord. 2300 Sec. 3, 1981.)
Section 30. That Section 5.32.050 entitled 'Tax - Due Date" shall be and
hereby is amended and shall read as follows:
5.32.050 TAX - DUE DATE. The tax imposed by this chapter in Section
5.32.040, shall be due and payable in monthly installments and remittance
shall be made on or before the 25" day of the month next succeeding the
month in which the tax accrued. The first payment made hereunder shall be
made by October 25"' for the month ending September 30, 2000. Effective
October 1, 2000, businesses with an annual tax liability of less than $500, as
indicated by billings or charges to City of Pasco customers, may pay the tax
imposed by this chapter in quarterly installments. Quarterly remittance shall
be made on or before the 25`" day of the month next succeeding the end of the
quarterly period in which the tax accrued. "Quarterly period" shall mean a
three-month period beginning the first day of the following months: January,
April, July and October. On or before each due date the taxpayer shall file with
the e Finance Manger a written return, upon such form and setting
forth such information as the Finance Manger shall reasonably
require, together with the payment of the amount of the tax due. (Ord. 3432
Sec. 1, 2000; Ord. 2300 Sec. 5, 1981; Ord. 2538 Sec. 18, 1985.)
Ordinance Amending PMC Title 5
Paee 14
Section 31. That Section 5.32.080 entitled "Records Inspection" shall be
and hereby is amended and shall read as follows:
5.32.080 RECORDS INSPECTION. Each taxpayer shall keep records
reflecting the amount of the gross operating revenues, and such records shall
be open at all reasonable times to the inspection of the Finance
Mange , or his duly authorized designate, for verification of said tax returns or
for the fixing of the tax of a taxpayer who shall fail to make such returns on a
timely basis. (Ord. 3432 Sec. 1, 2000, Ord. 2300 Sec. 8, 1981).
Section 32. That Section 5.32.095 entitled "Administrative Appeal" shall
be and hereby is amended and shall read as follows:
5.32.095 ADMINISTRATIVE APPEAL. Any taxpayer aggrieved by the
amount of tax, interest, or penalties determined by the Finance
Manager to be due under the provisions of this Chapter, may appeal such
determination to the City Manager or his designee. Taxpayers shall be required
to remit the amounts to be due under this Chapter prior to filing an appeal.
(Ord. 3432 Sec. 1, 2000.)
Section 33. That Chapter 5.36 entitled "Gravel Pits" shall be and hereby
is repealed in its entirety.
5.36.0!0 PERMIT REQUIRED. Ne person, ffi=frn, er- eeEper-eAien sha4l
, stone fniW
Gett ,mssl (Pfier- See. 3 y n 0n_)
under- this ehapter shall be subntitted to the Gity Geuneil in wFiting setting
See. 3 1 nQ 1
opened of operated, the zening er-dinanees ef the G", the depth to whieh t
pit is to be dug, and the na4ttr-e ef the suffeunding teffain. The City Getineil
shall al a bond in the event the appheation is granted in an aRiottnt
digging belew the level peffnitted by the Git� Gouneil. (Pt4er- eede See. 8 14.12.)
Section 34. That Section 5.40.030 entitled "Character of Applicant -
Investigation" shall be and hereby is amended and shall read as follows:
5.40.030 CHARACTER OF APPLICANT - INVESTIGATION. The Chief
of Police shall examine ire and investigate the character of every applicant for
license hereunder and shall submit a recommendation to the City Council as to
whether or not such license shall be issue issued and no license shall be issue
Ordinance Amending PMC Title 5
Page 15
issued to any person of questionable character, and when an application for
license is made for or on behalf of a partnership, corporation or association,
such application shall designate who shall be and shall be made by the person
who shall be the manager or other person who will have charge and
management of such hotel, rooming house, or lodging house, or other place
where beds or lodging are to be furnished to guests or lodgers. (Prior code Sec.
3-7.12.)
Section 35. That Section 5.40.100 entitled "Seizure of Illegal Articles -
Warrant" shall be and hereby is amended and shall read as follows:
5.40.100 SEIZURE OF ILLEGAL ARTICLES - WARRANT. If upon the
sworn complaint of any person it shall be made to appear to the Pehee
Municipal Court Judge of the City that there is probable cause to believe that
any section of this chapter or any provision hereof is being violated, then the
ne fiee Municipal Court Judge shall forthwith issue a warrant, directed to any
police officer of the City commanding him to search the premises designated in
the warrant, and described in the complaint, to seize any intoxicating liquor,
implements, furniture or fixtures used or kept in connection with any violation
of this chapter, and to safely keep the same, and to make return of the
warrant within three days, showing his acts and doings thereunder, and
specifying the articles seized, and the name of the person or persons in whose
possession, or upon whose premises the same were found; provided, further,
that a copy of the warrant shall be served upon the person or persons found
in possession of the liquor or property, or in possession of the premises so
searched, and if no person or persons are found as aforesaid, then a copy of
the warrant shall be posted in a conspicuous place upon the premises. (Prior
code Sec. 3-7.44).
Section 36. That Section 5.45.020 entitled "General Provisions" shall be
and hereby is amended and shall read as follows:
5.45.020 General Provisions. The provisions of this chapter shall
apply whether or not the Operator's business office is located within the City of
Pasco. Unless otherwise specified, the Finance Bji!eete Manage r. shall
administer the provisions of this chapter. The Finance I3ireeter Manager may
waive any provision of this chapter (other than the requirements of 5.45.040 to
5.45.080) if the Operator, Driver or applicant, as the case may be, has
complied with comparable regulatory provisions of the City of Richland,
Washington, the City of Kennewick, Washington, or the Washington Utilities
and Transportation Commission. The Finance Bir-eeter-'s Manager's consent to
waiver shall not be unreasonably withheld or delayed. (Ord. 3335 Sec. 2,
1998.)
Ordinance Amending PMC Title 5
Page 16
Section 37. That Section 5.45.050 entitled "Operator's License -
Issuance" shall be and hereby is amended and shall read as follows:
5.45.050 Operator's License - Issuance. The Finance per
Manager shall, upon finding the applicant has met the requirements set forth
in this chapter, issue the applicant a License for its For-Hire Vehicles. The
annual fee for each License issued shall be as set forth in
Chapter 3.07 of this code per vehicle. No Gper-a-tor- shall be r-equifed to p
mere than $500 The maximum annual license fee will be as set forth in
Chapter 3.07 of this code for annual vehicle licensing, regardless of the number
of vehicles licensed. Each License shall bear a serial number and a brief
description of the vehicle Licensed, the name and address of the Operator, and
the Operator's state License number. (Ord. 3335 Sec. 2, 1998.)
Section 38. That Section 5.45.080 entitled "Operator License - Sale"
shall be and hereby is amended and shall read as follows:
5.45.080 Operator License - Sale. An Operator's License may only be
transferred with the prior, written consent of the City, which shall not be
unreasonably withheld. A transfer fee as set forth in
Chapter 3.07 of this code shall be required for each approved transfer. (Ord.
3335 Sec. 2, 1998.)
Section 39. That Section 5.45.100 entitled "Driver's Permit -
Qualifications" shall be and hereby is amended and shall read as follows:
5.45.100 Driver's Permit - Qualifications. No person shall be issued a
Driver's Permit unless the person:
(a) Is at least eighteen (18) years of age and possesses of a valid state
driver's license; and
(b) Complies with all state laws and regulations relating to For-Hire
Vehicles.
The applicant shall file with the Finance Difeete Manager an application
on a form furnished by the Finance per Manager, which shall be signed
and sworn to by the applicant and which shall set forth the following facts
concerning the applicant: Name, height, weight, color of hair and eyes,
residence address, place and date of birth, length of time a resident in Pasco,
whether a citizen or non-citizen, last place of employment, whether previously
permitted and if so where and whether or not the Permit was ever suspended
or revoked and for what cause, and such other information as the Finance
Difeete Manager may require. (Ord. 3335 Sec. 2, 1998.)
Ordinance Amending PMC Title 5
Nee 17
Section 40. That Section 5.45.120 entitled "Driver's Permit - Approval"
shall be and hereby is amended and shall read as follows:
5.45.120 Driver's Permit - Approval. If the applicant possesses the
qualifications described above and has no felony convictions within the past
five (5) years, then the Finance Director shall approve the application. If the
Finance 91n-,eete Manager rejects the application, the applicant may appeal the
decision to the City Council. (Ord. 3335 Sec. 2, 1998.)
Section 41. That Section 5.45.130 entitled "Driver's Permit - Card" shall
be and hereby is amended and shall read as follows:
5.45.130 Driver's Permit - Card. (a) Upon the finding that the
applicant has met the requirements of this chapter, the Finance Director shall
cause to be issued a card bearing the name and description of the Driver,
which card shall be carried on the Driver's person at all times when he is
operating a For-Hire Vehicle.
(b) The Finance Difeete Manager shall issue a temporary permit and
card pending completion of the entire review described in 5.45.110, provided
that the results of the inquiry described in 5.45.110 (a) - (c) indicate that the
applicant has no felony convictions within the past five (5) years. (Ord. 3335
Sec. 2, 1998.)
Section 42. That Section 5.45.140 entitled "For-Hire Vehicle Condition -
Inspection" shall be and hereby is amended and shall read as follows:
5.45.140 For-Hire Vehicle Condition - Inspection. All vehicles
operating under authority of this chapter shall be annually inspected by a
certified mechanic acceptable to the Chief of Police, Ong ensuring that
each For-Hire Vehicle is clean, properly equipped and in a safe operating
condition. With regard to each vehicle inspected, the inspector shall certify
that:
(a) All lights and reflectors are operable;
(b) All turn signals are operable;
(c) Wiring is in good condition;
(d) Battery is in good condition and is properly secured;
(e) Vehicle brakes are in good condition;
(l} Parking brake is in good condition;
(g) All windows (including windshield) are in good condition;
(h) All windows are operable (open and close);
M Windows are not obstructed;
0) Fuel tank does not leak, and is in good condition;
(k) Fuel lines are in good condition;
(1) Tires are in good condition;
(m) Heater is operable;
(n) Windshield wipers are operable;
(o) Defroster is operable;
(p) Speedometer is operable;
Ordinance Amending PMC Title 5
Page 18
,l
(q) Exhaust system is in good condition;
(r) Floor is free of holes and openings; and
(s) Seat belts are operable and in good condition. (Ord. 3335 Sec. 2,
1998.)
Section 43. That Section 5.45.180 entitled "Revocation and Hearing"
shall be and hereby is amended and shall read as follows:
5.45.180 Revocation and Hearing. (a) The Finance E)ir-eete Manager
may revoke any Driver's Permit if he has reason to believe that the Driver:
(1) Has been convicted of an offense of such nature as to
indicate that he is unqualified or unfit to hold a Driver's Permit;
(2) Is guilty of an offense in which mandatory suspension or
revocation of the state-issued driver's License is provided by law;
(3) Has been convicted of a felony since issuance of the Driver's
Permit;
(4) Has been convicted of driving while under the influence of
alcohol or narcotics; or
(5) Has violated any term of this chapter.
(b) The Finance Dir-eete Manager may revoke any Operator's License
if he has reason to believe that the Operator has violated any provision of this
chapter.
(c) Notice by the Finance Fez Manager of revocation of a Driver's
Permit or an Operator's License shall be forwarded by certified mail to the
holder of the Permit or License (the Holder), as the case may be.
M If the Holder wishes to contest the revocation, he or she may
do so by requesting a hearing before the City Code Enforcement Board.
Such request shall be in writing and shall be filed with the Finance
nor Manager on or before the expiration of ten (10) days from the
receipt of the Finance Difeeter-'s Manager's notice of revocation. The
Holder shall have the right to present evidence and witnesses at the
hearing.
(ii) The Code Enforcement Board shall have the authority to
uphold, modify or reverse the decision of the Finance Direete Manager.
(iii) The Holder shall have the right to appeal the decision of the
Code Enforcement Board to the Superior Court.
(iv) Any revocation which is appealed shall be stayed pending
final resolution of the appeal. (Ord. 3335 Sec. 2, 1998.)
Section 44. That Section 5.45.220 entitled "Business License - When
Required" shall be and hereby is amended and shall read as follows:
5.45.220 Business License - When Required. If an Operator's
principal place of business is located within the City of Pasco, then the
Operator shall be required to obtain a business license from the Finance
Dir-eete F Manager, in addition to the License required pursuant to section
5.45.040. (Ord. 3335 Sec. 2, 1998.)
Ordinance Amending PMC Title 5
Page 19
Section 45. That Section 5.52.020 (d) entitled "Yard Sales" shall be and
hereby is amended and shall read as follows:
(d) Upon completion and approval of the application a permit shall be
issued containing the information shown in the application. A permit shall not
be renewable until thirty days after the expiration of the previous permit and a
fee of F:.,° dollars as set forth in Chapter 3.07 of this code, shall be required for
each permit issued.
Section 46. That Section 5.52.030 (b) entitled "Rummage Sales" shall be
and hereby is amended and shall read as follows:
(b) A fee ef efie del as set forth in Chapter 3.07 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
three 3 calendar days. The permit shall be displayed at the site of the sale.
Section 47. That Section 5.70.010 (4) entitled "Definitions" shall be and
hereby is amended and shall read as follows:
(4) No license may be issued under this chapter without the
prepayment of the general business license fee set forth in Chapter 6-94 3.07 of
this title. (Ord. 2840 Sec. 1, 1991.)
Section 48. That Section 5.78.010 entitled "License Required" shall be
and hereby is amended and shall read as follows:
5.78.010 LICENSE REQUIRED. No person shall make available for rent,
or rent, lease, or let, to the public any residential dwelling unit as defined in
Section 6.04.169(e4-2.07 of this title without securing and maintaining a
current business license as required by this title. (Ord. 3231 Sec. 2, 1997.)
Section 49. This Ordinance shall take full force and effect five days after
its approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington and
approved as provided by law this 19' day of August 2002.
Michael LAdarrison, Mayor
ATTEST: APPROVE FORM:
ebster U. Jac son,ttity Jerk Leland B. Kerr, City Attorney
Ordinance Amending PMC Title 5
Page 20