Loading...
HomeMy WebLinkAbout3569 Ordinance ORDINANCE NO. 3569 AN ORDINANCE of the City of Pasco, Washington, Amending Title 5 entitled "Business Licenses and Regulations" by removing religious, political, charitable, and other nonprofit organizations from business regulations; amending PMC Section 5.04.010 "Definitions"; creating a new Chapter 5.07 "Occupancy Registration" providing for an occupancy registration for such organizations; amending PMC Section 5.08.010 "Definition" clarifying the application of solicitor's license to commercial solicitations only; and amending PMC Section 5.25.065 "Outdoor Music Festivals-Additional Requirements" excluding the requirement for a financial statement from religious, political, charitable and other nonprofit organizations. THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 5.04.010 entitled "Definitions" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 5.04.010 DEFINITIONS. A) "Business" means all activities, occupations, trades, pursuits or professions located and/or engaged in within the City with the object of gain, benefit, or advantage, directly or indirectly. For the purpose of this Chapter, a business shall not include any qualifying religious, political, charitable or nonprofit activity, however, the same shall be subject to the provisions of Chapter 5.07 of this Title. Each business location shall be deemed a separate business except separate locations for storage only. B) "City" means City of Pasco, Washington. DQ "Licensee" shall include the applicant(s) for a business license or the holder thereof for any use of period of time. (Ord. 2675 Sec. 1, 1988.) CDJ "Outside area" means unenclosed areas used for selling, display or storage. E) "Person" means any individual, partnership, joint venture, company, firm, corporation, association, receiver, assignee, trustee, trust, estate, club, or any group of individuals acting as a unit. Those engaged in the practice of a profession will be treated as any other person. (Ord. 2675 See. 1, 1988.) Ordinance Amending Title 5- 1 F) "Square feet or floor space" means the total area of enclosed floor space regardless of use or location. (Ord. 2675 Sec. 1, 1988; prior code Sec. 3- 1.04.) Section 2. A new Chapter 5.07 entitled "Occupancy License" of the Pasco Municipal Code shall be and hereby is enacted and shall read as follows: CHAPTER 5.07 OCCUPANCY REGISTRATION Sections 5.07.010 Purpose. 5.07.020 Registration Required. 5.07.030 Fee. 5.07.040 Application. 5.07.050 Approval. 5.07.060 Notice of Change. 5.07.070 Noncompliance. 5.07.010 PURPOSE. It is the express purpose of this Chapter to provide for the registration and inspection of all building occupancies not otherwise regulated by Chapter 5.04 consisting of churches, places of religious worship, political organizations, charitable organizations and other nonprofit organizations. The sole purpose of this registration requirement is to promote compliance with those regulations relating to the public health, safety and welfare of those who may occupy the buildings and promote compliance with applicable zoning regulations. 5.07.020 REGISTRATION REQUIRED. No person shall occupy, or permit to be occupied, a nonresidential building without first securing and maintaining an occupancy registration; provided, however, any activity licensed under Chapter 5.04 shall be exempt from this Chapter. 5.07.030 FEE. There shall be no fee required of an applicant qualified to apply for and receive an occupancy registration under this Chapter. 5.07.040 APPLICATION. Each applicant for a registration shall file an application with the City Clerk. The application shall be in writing on a form supplied by the City Clerk and shall require only the following information: A) Address and square footage of building to be occupied. S) Name of organization and nature of activities intended to occupy the building. C) Name and telephone number of person to be contacted in case of emergency and for inspection of the building. Ordinance Amending Title 5-2 5.07.050 APPROVAL. The City Clerk shall circulate complete applications to the Community Development Department for compliance with applicable zoning and building occupancy requirements. The applicant shall be notified in writing of any applicable regulation with which the intended occupancy is deemed to conflict. Upon finding of compliance, the City Clerk shall approve the occupancy registration. 5.07.060 NOTICE OF CHANGE. All occupancy registrations approved by the clerk shall be effective for the approved occupancy without requirement for renewal. However, the applicant shall advise the clerk of any subsequent change in the information supplied by the applicant for the approved occupancy registration and the clerk shall mail annual notice of this obligation. 5.07.070 NONCOMPLIANCE. Failure to comply with the requirements of this Chapter, including a subsequent change in occupancy without the benefit of inspection, shall render the registration void and shall constitute a civil infraction. Section 3. That Section 5.08.010 entitled "Solicitor defined" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 5.08.010 SOLICITOR DEFINED. "Solicitor" means any person who goes from house to house or from place to place in the City selling or taking orders for or offering to sell or take orders for goods, wares and merchandise for present or future delivery or for services to be performed immediately or in the future whether such person has, carries or exposes a sample of such goods, wares and merchandise or not and whether he is collecting advance payments on such sales or not. A "solicitor" for the purpose of requiring a license under 5.08.020 shall not include those engaged in religious, charitable or political activities including direct or anon ous political speech, and the distribution of noncommercial handbills. (Prior Code Sec. 3-8.04.) Section 4. That Section 5.09.020 entitled "Definitions" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 5.090.020 DEFINITIONS. Except where the context clearly indicates a different meaning, the following words as used in this Charter are defined as follows: {}) "Any thing or service" includes, but is not limited to, any merchandise, goods, books, cards, advertisements, advertising space, chances, coupons, devices, magazines, memberships, subscriptions, tickets, admissions or articles. (2 B) "Charitable solicitor," in addition to its common or customary meaning, means any person who goes upon the premises of another to solicit contributions of any kind or assistance of any nature for a charitable Ordinance Amending Title 5-3 organization or who sells or offers to sell any service or any thing for the purpose of supporting a charitable organization, or who solicits an invitation to do the same. (�3Q "Commercial solicitor," in addition to its common or customary meaning, means any peddler, hawker, huckster or itinerant merchant who goes upon the premises of another to sell, trade or to offer to sell or trade, and/or to take orders for or to offer to take orders for, any service or any thing, or who goes upon the premises of another to solicit an invitation to do the same. "Commercial solicitor" does not include any charitable or religious solicitor. {4D) "Informational solicitor" means any person who goes upon the premises of another to obtain information from another regarding his views toward, positions on, opinions of, or to express the solicitor's views toward positions on or opinions of any matter. This includes, but is not limited to, the attempt to distribute handbills, pamphlets or other printed material. E) "Political solicitor," in addition to its common or customary meaning, means qny person who goes upon the premises of another to disseminate direct or anon o s political speech, or to persuade others to accept political beliefs to solicit contributions for political organizations or purposes or to sell or offer to sell any services or any thing of a political nature or to sell or offer to sell My service or other thing for the puEpose of supporting a political cause. (SFJ "Religious solicitor," in addition to its common or customary meaning, means any person who goes upon the premises of another to persuade others to accept religious beliefs, to disseminate religious information or material, to solicit contributions for a religious organization or a religious purpose, or to sell or offer to sell any service or anything of a religious nature or to sell or offer to sell any service of any thing for the purpose of supporting a religion. {6 G) "Soliciting" means the activity conducted by a solicitor. (Ord. 1974 Sec. 2, 1974.) Section 5. That Section 5.25.065 entitled "Outdoor Music Festival - Additional Requirements" of the Pasco Municipal Code, shall be and hereby is amended and shall read as follows: 5.25.065 OUTDOOR MUSIC FESTIVAL - ADDITIONAL REQUIREMENTS. A) In addition to the requirements in Section 5.25.030 and 5.25.060 above, 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 of other legal entity on behalf of whom said application is made, provided that a natural person applying for such permit shall be eighteen (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. Ordinance Amending Title S-4 4) Names and addresses of all individuals or other entity having a ten percent (10%) 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, 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 address 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; 0 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 (1) person for each two hundred (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 (2) 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 twenty percent (20%) of the traffic and crowd control personnel shall be commissioned police officers or deputy sheriffs. Ordinance Amending Title 5-5 c) During the hours that the festival site shall be open to the public, there shall be at least one (1) regularly commissioned police officer employed by the jurisdiction wherein the festival site is located for every one thousand (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. 3524 Sec. 4, 2001.) Section 6. CONTINUED EFFECT. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. Ordinance Amending Title 5-6 ,F Section 7. This Ordinance shall take full force and effect five (5) days after its approval, passage and publications required by law. PASSED by the City Council of the City of Pasco at its regular meeting this 7"' day of October 2002. i Michael L. Garrison, Mayor ATTEST: APPROVE S TO FORM: J'J' U '/ , � Webster U. JacksoiA, City Clerk Leland B. Kerr, City Attorney Ordinance Amending Title 5-7