HomeMy WebLinkAbout2017.11.27 Council Workshop PacketWorkshop Meeting
AGENDA
PASCO CITY COUNCIL
7:00 p.m.
November 27, 2017
Page
1. CALL TO ORDER:
2. ROLL CALL:
(a) Pledge of Allegiance
3. VERBAL REPORTS FROM COUNCILMEMBERS:
4. ITEMS FOR DISCUSSION:
3 - 10 (a) Proposed/Budgeted Utility Rate Increases (Ambulance, Irrigation and
Stormwater)
11 - 20 (b) Ambulance Fee Update
21 - 151 (c) Proposed Business License Program Change
(d) 2017 Supplemental Budget Presentation
Presented by Richa Sigdel, Finance Director
(e) Council Discussion on the Concept of Supermajority Voting
Presented by Councilmember Bob Hoffmann
152 - 164 (f) Transportation Network Companies
165 - 169 (g) 2018 Legislative Priorities
5. MISCELLANEOUS COUNCIL DISCUSSION:
6. EXECUTIVE SESSION:
7. ADJOURNMENT.
REMINDERS:
1. 4:00 p.m., Monday, November 27, Ben-Franklin Transit Office – Hanford Area
Page 1 of 169
Workshop Meeting November 27, 2017
Economic Investment Fund Committee Meeting. (COUNCILMEMBER AL
YENNEY, Rep.; SAUL MARTINEZ, Alt.)
2. 8:00 a.m., Saturday, December 2, 211 W. 6th Avenue, Kennewick – AWC Elected
Officials Essentials Workshop. (COUNCILMEMBER SAUL MARTINEZ)
This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and
streamed at www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the Clerk for assistance.
Page 2 of 169
AGENDA REPORT
FOR: City Council November 21, 2017
TO: Dave Zabell, City Manager Workshop Meeting: 11/27/17
FROM: Richa Sigdel, Finance Director
Finance
SUBJECT: Proposed/Budgeted Utility Rate Increases (Ambulance, Irrigation and
Stormwater)
I. REFERENCE(S):
Ordinance with Title 3 Revisions
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Utility Rates
IV. HISTORY AND FACTS BRIEF:
The Council approved the Utility Rate Study Professional Services Agreement with
FCS Group in May of 2015 to perform utility rate studies. This effort was necessary as
it had been many years since the City performed a comprehensive utility rate study to
ensure that revenues collected through rates, grants and other sources were sufficient to
cover the costs of operating the utility in compliance with all applicable laws and
regulations, meet debt service and bond covenant obligations, and provide sufficient
funding for future planned capital needs and system renewal. The pro-active stance the
Council took in doing so is already paying dividends as we work with S&P Global in
rating the revenue bond for the Waterworks Utility recently authorized by Council.
Each of the four City-owned utilities - water, sanitary sewer, stormwater and irrigation
- are operated as enterprise funds. FCS Group, a professional economic and accounting
firm with extensive expertise in public sector rate studies and cost allocation, assisted
the City in reviewing all aspects of City-owned utilities, including operational cost,
future utility capital needs as identified in the various adopted plans, and funds allotted
to each utility. The group recommended revised rates for Water and Sewer utilities,
adopted by the Council in November of 2015.
Page 3 of 169
Similarly, an Ambulance rate study was also conducted by FCS Group in 2015 to help
with establishing an ambulance utility rate that is based on the true cost of providing
ambulance and emergency medical services to the citizens and visitors of Pasco.
Council has taken significant steps to prudently manage this fund.
V. DISCUSSION:
Since 2002, the City's population has more than doubled from approximately 30,000 to
over 70,000.
IRRIGATION
The City provides irrigation service to over 7,400 customers north of the Franklin
County Irrigation District canal (see below).
While much of the distribution system has been installed through new development
occurring in the irrigation service area over the past twenty years, production (wells and
appurtenances) and transmission (larger diameter mains) facilities are much older and
are beginning to demonstrate their age through failures and the need for higher
maintenance levels. To improve system integrity and assure continued reliable operation
of the system, the 2018-2023 Capital Improvement Plan envisions approximately
$531,000 in capital expenditures through 2023. Implementing the planned capital
projects will require an interfund loan of $100,000 in 2018 and 2020, which the
irrigation fund will pay back over time at market rate interest. While the interfund loan
Page 4 of 169
necessitates added annual debt service costs until retired, this will avoid the additional
costs associated with more traditional methods of borrowing money, such as a revenue
bond or a bank loan.
The current rate for standard residential irrigation service is $27.30 per month during the
irrigation season. As a result of the need for increased maintenance and capital
investment, the revenues generated by the current irrigation rates are insufficient to cover
anticipated expenses. Rates in this utility have been relatively flat for a decade and a
half as costs of the labor, materials and electricity necessary to operate the utility have
continued to increase. The Irrigation fund budget is relatively small with no practical
opportunities for compensating reductions.
Following Council review of Irrigation rates at recent Workshop meeting, staff
reevaluated the financial needs of the utility, the potential use of an interfund loan
(discussed above) and timing of future capital investment resulting in a much more
modest rate increase proposal. These changes were discussed with Council during the
first public hearing on the 2018 Operating Budget.
Staff and FCS Group have conducted a thorough analysis of the financial condition of
the irrigation utility and its future needs and recommends irrigation service rate increases
as follows:
If adopted, the resulting schedule will maintain rates below their historic highs at the turn
of this century.
STORMWATER
In 2012, the Washington State Department of Ecology, having worked collaboratively
with local government agencies to meet the requirement of the federal Clean Water Act
and develop a regulatory framework by which to implement stormwater discharge
requirements, issued the Eastern Washington Phase II Municipal Stormwater Permit,
which is essentially a general National Pollution Discharge Elimination System
(NPDES) permit covering the period 2012-2019 applying to municipal stormsewer
systems in Eastern Washington.
The City's current NPDES permit expires in 2019 and as Council will recall from the
recently adopted Stormwater Comprehensive Plan, the 2020-2026 permit will impose
higher standards on the City in the operation of its stormwater system.
While there may be opportunities in the coming years to compete for grant funds, these
new regulations are unfunded. The City's stormwater utility is funded through rates
Page 5 of 169
assessed to property owners.
As identified in the Stormwater Comprehensive Plan and discussed at length with
Council during its review, aside form the aforementioned costs associated with new
regulations and requirements (water quality testing, illicit discharge, control of
public/private retention/detention systems and public education), the City's stormwater
collection system east of SR-395 is aging. Maintenance has been deferred for some time
and the time has come for some significant rehabilitation projects. West of SR -395,
particularly in the areas annexed over the past decade or so, revenue s in large lot
developed areas are low when compared to system needs. And the system continues to
expand with development and street improvements. Development also serves to increase
revenues and generate economies of scale. The current monthly rate for standard
residential stormwater service is $4.90 per month and is insufficient to fund the
anticipated additional expenses discussed above.
Staff and FCS Group have conducted a thorough analysis of the financial condition of
the stormwater utility and its future needs and recommend stormwater rate increases as
follows:
The following graphic depicts the City's history of rate changes for the Irrigation and
Stormwater utilities:
Page 6 of 169
AMBULANCE UTILITY
As previously mentioned, steps Council has taken since 2015 have significantly helped
this utility recover its costs. The City is also in the process of requesting reimbursement
from the Ground Emergency Medical Transport supplemental reimbursement program,
which is expected to be reimburse the City approximately $500,000 per year. With the
rising cost of medical supplies and equipment, and rapid growth in demand, staff is
proposing that Council increase the monthly ambulance utility fee for 2018 by 3%, fro m
the current rate of $14.55 to $14.98.
As discussed during presentation of the 2018 budget, during the Workshop meeting and
subsequent public hearings, the increases proposed were included in the recently adopted
2018 Operating Budget.
Page 7 of 169
ORDINANCE NO
AN ORDINANCE of the City of Pasco, amending Pasco Municipal Code Sections
3.07.010 (Ambulance Utility), 3.07.190 (Stormwater Utility), and 3.07.210 (Irrigation
Water Utility).
WHEREAS, The City completed a rate study with the assistance of FCS in September of 2017
to determine the impact of needed improvements and system expansion for regulatory compliance and
to provide continuous service to customers for Stormwater and Irrigation services, and determined need
for additional revenue to balance Ambulance Utility.
WHEREAS, The City Council has determined that certain amendments to the ambulance,
stormwater and irrigation are needed. For irrigation and Stormwater, the rate changes will be effective
for five years, 2018, 2019, 2020, 2021, and 2022. For ambulance, the rate changes will be effective for
one year, 2018.
NOW, THEREFORE, the City Council of the City of Pasco, Washington, does ordain an
ambulance rate increase of 3% for 2018, irrigation rate increase of 3% for each of the five years and a
stormwater rate increase of 15% for 2018, and a 5% increase for 2019, 2020, 2021, and 2022, as
follows:
Section 1. PMC Section 3.07.010, subsections B) are amended to read as follows:
3.07.010 AMBULANCE UTILITY EFFECTIVE 01/01/2018
B) Monthly Ambulance Service Fees: 2017 2018 References
Monthly Utility Rate per ERU $14.55 $14.98 3.05.025
1) Family Residential Ambulance Utility Fee $14.55 $14.55 3.05.025
2) Multi-Family Residential Ambulance Utility Fee $14.55 $14.55 3.05.025
3) Commercial/Business Ambulance Utility Fee $14.55 $14.55 3.05.025
4) Industrial Ambulance Utility Fee $14.55 $14.55 3.05.025
Section 2. PMC Section 3.07.190, subsections A), and B) are amended to read as follows:
3.07.190 STORMWATER UTILITY EFFECTIVE 01/01/2018:
Fee/Charge Reference
2017 2018 2019 2020 2021 2022
A) Residential
1) Single-Family
Residential (unit)
$4.90 $5.64 $5.92 $6.21 $6.52 $6.85 13.60.070
2) Multi-Family
Residential (per unit)
$2.45 $2.82 $2.96 $3.11 $3.26 $3.42 13.60.070
3) Apartments (per unit) $2.45 $2.82 $2.96 $3.11 $3.26 $3.42 13.60.070
Page 8 of 169
4) Undeveloped parcel
(per month)
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 13.60.070
5) Vacant building (per
month)
$4.90 $5.64 $5.92 $6.21 $6.52 $6.85 13.60.070
B) Industrial/Commercial:
1) Parking for 0 to 5
vehicles (per mo)
$4.90 $5.64 $5.92 $6.21 $6.52 $6.85 13.60.070
2) Parking for 6 to 10
vehicles (per mo)
$9.80 $11.27 $11.83 $12.43 $13.05 $13.70 13.60.070
3) Parking for 11 to 15
vehicles (per mo)
$19.60 $22.54 $23.67 $24.85 $26.09 $27.40 13.60.070
4) Parking for 16 plus
vehicles (per mo)
$24.50 $28.18 $29.58 $31.06 $32.62 $34.25 13.60.070
5) Additional Charges -
property runoff to City
system ($1.39 Min)
per acre
$96.66 $111.16 $116.72 $122.55 $128.68 $135.11 13.60.070
6) State highway right-
of-way (WSDOT)
($0.84 Min) per acre
$23.45 $26.97 $28.32 $29.73 $31.22 $32.78 13.60.070
Section 3. PMC Section 3.07.210 subsection A) is amended to read as follows:
3.07.210 IRRIGATION WATER UTILITY EFFECTIVE 01/01/2018:
Fee/Charge Reference
2017 2018 2019 2020 2021 2022
A) Irrigation water
service; monthly
rate, during
Irrigation season:
1) Base rate, per unit,
for single family
residential
properties
$27.30 $ 28.12 $ 28.96 $ 29.83 $ 30.73 $ 31.65 13.61.190(A)
2) Base rate, per unit,
for non-single
family residential
property
$27.30 $ 28.12 $ 28.96 $ 29.83 $ 30.73 $ 31.65 13.61.190(8)
3) Per irrigation unit $8.53 $ 8.79 $ 9.05 $ 9.32 $ 9.60 $ 9.89 13.61.190(()
4) Per irrigated acre
(public parks,
playgrounds and
open spaces)
$79.60 $ 81.99 $ 84.45 $ 86.98 $ 89.59 $ 92.28 13.61.190(D)
Page 9 of 169
B) Unauthorized turn-
on (any repair cost
additional)
$50.00 $ 51.50 $ 53.05 $ 54.64 $ 56.28 $ 57.96 13.61.090
C) Disconnect/Connect
Service due to
violation
$50.00 $ 51.50 $ 53.05 $ 54.64 $ 56.28 $ 57.96 13.61.100
D) Annual System
Availability fee $88.00 $ 90.64 $ 93.36 $ 96.16 $ 99.04 $ 102.02 13.61.060
Section 3. This Ordinance shall take effect January 1, 2018.
PASSED by the City Council of the City of Pasco this 4th day of December 2017.
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
Daniela Erickson, City Clerk Leland B. Kerr, City Attorney
Page 10 of 169
AGENDA REPORT
FOR: City Council November 20, 2017
TO: Dave Zabell, City Manager Workshop Meeting: 11/27/17
FROM: Richa Sigdel, Finance Director
Finance
SUBJECT: Ambulance Fee Update
I. REFERENCE(S):
8.28.2017 Council Presentation
PMC 3.05.025 with proposed changes
PMC 3.07.010 with proposed changes
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Discussion
IV. HISTORY AND FACTS BRIEF:
All customers within the City - Residential or Commercial - are uniformly charged the
same monthly fee to recover for the cost of the City’s Ambulance Service. A point
frequently brought to the City's attention by customers comparing their bill to a large
industrial facility, or commercial center. This inequity was also identified by staff and
the City's utility rate consultant, FCS Group, during the Ambulance Utility rate study.
On August 28, 2017, a presentation was made to Council on Ambulance Fees (see
attached). Council was briefed on the inequity of the current billing structure. The table
below includes data from 2012-2017 and which illustrates the point; while businesses
account for 12% of structural units in the City, they account for 41% of calls for
Ambulance Service. Council instructed Staff to explore a fair and equitable fee
structure for this service.
Page 11 of 169
V. DISCUSSION:
During the ensuing months, staff has further evaluated the situation and developed a
recommended strategy to that, if adopted, will not only distinguish between residential
and commercial customers, but further categorizes commercial customers into a fee
structure that best suits the business. The following categories are recommend:
1. Residential Units (Single and Multi-family) - Each residential unit shall be
assessed the monthly base utility charge as established by ordinance. No change
from the City's current process.
2. Commercial Business and Industries - Each commercial business shall be
assessed a monthly base utility charge in the amount indicated in the schedule
of fees and charges for each "equivalent residential unit" (ERU). The ERU shall
be calculated by dividing the total number of Full-time Equivalents (FTE)
employed by such business or industry by the number representing the average
“household size” of residential and housing units within the City (as published
and updated by the Office of Financial Management) on an annual basis.
3. Assisted Living and Nursing Homes. Due to the relatively high call volume
generated by these facilities, staff is proposing that nursing or rest homes
licensed by the State of Washington or adult family home or assisted living
facility shall be billed based on the number of occupants residing at the facility
as authorized by the governmental agency having jurisdiction over such
matters, with each occupant considered as an ERU. Occupants who are
Medicaid eligible are proposed to be exempt from this calculation to assure this
exemption remains accurate the City confirm occupancy information from each
facility on a regular basis.
4. Hotels/Motels. Each hotel/motel shall be assessed a monthly base utility charge
based on the total number of rooms, assuming a 1.5 occupancy per room
average. The total number of rooms per hotel/motel will be multiplied by 1.5,
the average occupancy factor, and then divided by the ERU. This product will
then be multiplied by the occupancy rate (as published and updated by Visit
Tri-Cities) on an annual basis. This will serve to equalize the current and
significant disparity between hotels and multi-family residential facilities.
Page 12 of 169
Page 13 of 169
AMBULANCE FEE
Page 14 of 169
CURRENT STRUCTURE
•Standard $14.55/month fee for residential & commercial
•Ease of billing
•Simple to understand and plan for
•Equity issue
Page 15 of 169
USAGE
•Number of residences
•Single family -22,282
•Multi Family –430
•Total –22,712
•Businesses –3,074 (number of business licenses)Page 16 of 169
USAGE
Residential Business
Unit Count
Split
88%12%
Call Volume
Split
59%41%Page 17 of 169
BUSINESS STANDARD
•All businesses be charged based on Equivalent Residential Unit(ERU)
•A business with 10 employees:
•Number of equivalent residential units –No. of employees/ERU -10/3.4 = 3 Units
•Monthly ambulance fee charge –3 units * $14.55 = $43.65
•Hotel/Motel –Multi-Family Inequity
•Multi-Family currently pays $14.55 per unit per month
•Hotel/Motel currently pays a flat $14.55 per month regardless of units
•Will be developing a vacancy weighted ERUPage 18 of 169
3.07.010 AMBULANCE:
A) Ambulance Service Rates: Fee/Charge Reference
1) Resident Rate $600.00 3.05.040
2) Non-Resident Rate $1050.00 3.05.040
3) Mileage Rate, per mile $11.00 3.05.040
4) Non-Transport Medical Services Rate $250.00 3.05.040
B) Monthly Ambulance Service Fees:
Monthly Utility Rate per ERU: $14.55
1) Family Residential Ambulance Utility
Fee
$14.55 3.05.025
2) Multi-Family Residential Ambulance
Utility Fee $14.55 3.05.025
3) Commercial/Business Ambulance
Utility Fee
$14.55 3.05.025
5) Industrial Ambulance Utility Fee $14.55 3.05.025
Ambulance Service Business License $150.00
5.05.030
Page 19 of 169
3.07.010 AMBULANCE:
A) Ambulance Service Rates: Fee/Charge Reference
1) Resident Rate $600.00 3.05.040
2) Non-Resident Rate $1050.00 3.05.040
3) Mileage Rate, per mile $11.00 3.05.040
4) Non-Transport Medical Services Rate $250.00 3.05.040
B) Monthly Ambulance Service Fees:
Monthly Utility Rate per ERU: $14.55
$14.98
3.05.025
1) Family Residential Ambulance
Utility Fee
$14.55 3.05.025
2) Multi-Family Residential Ambulance
Utility Fee $14.55 3.05.025
3) Commercial/Business Ambulance
Utility Fee
$14.55 3.05.025
5) Industrial Ambulance Utility Fee $14.55 3.05.025
Ambulance Service Business License $150.00
5.05.030
Page 20 of 169
AGENDA REPORT
FOR: City Council November 20, 2017
TO: Dave Zabell, City Manager Workshop Meeting: 11/27/17
FROM: Richa Sigdel, Finance Director
Finance
SUBJECT: Proposed Business License Program Change
I. REFERENCE(S):
8.28.2017 Council Presentation
PMC Title 5 - Business Licenses & Regulations with Proposed Changes
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Discussion
IV. HISTORY AND FACTS BRIEF:
During 2017 legislative session, the state legislature passed Business License
bill (HB-2005) effective 7/23/2017. This bill requires all cities with a general
business license program to partner for administration of such program with
either the Washington State Business License Service (BLS) or FileLocal.
Council was informed of this change and the impact to the City during the
8/28/2017 workshop meeting (see attached presentation). Council directed
staff to move forward with BLS.
BLS provides customers with a platform to intake general business license
applications, route those to the City for approval, print and mail licenses, and
collect fees. As discussed, there are many benefits of the arrangement,
specifically to our customers. The BLS platform will provide one stop shopping
for business license holders to obtain their State and City licenses in one
transaction, an online payment option, and a simplified fee framework. A minus
being that the the business license applicant will incur a $19.00 fee from BLS for
processing of the application. The move will eliminate printing and mailing costs for
the City, encourage greater compliance with City’s Municipal Code, while also
retaining its approval authority, reduce some overtime costs and for the customer
Page 21 of 169
allows them to avoid a trip to City Hall and wait in line to renew their business license.
Some of the challenges of the transition are that the City will incur no significant cost
savings, will lose some face to face interaction with its customers, as well as lose some
current flexibility within its fee framework. There are specialized programs, such as
rental licensing, special events, solicitors, etc., that would not fall under the general
business license and the City will retain administration over such.The drawback of
the BLS or any other software designed to serve multiple agencies is its
flexibility. BLS has strict requirements on the fee structure that can be
supported. Options include a flat fee, number of employee headcount/Full Time
Equivalent (FTE), range of employee headcount/FTE, or any combination
thereof.
To avoid creating an inequity between small and large businesses, staff is
recommending adoption of a fee structure that is a combination of a flat fee
and number of FTEs.
V. DISCUSSION:
The level of awareness, or in some cases avoidance, of the City business
license requirement varies from city to city. In that all businesses must obtain a
license from the State, register their employees for L&I and Employment
Security through the one-stop BLS process; based on their experience with
other agencies already utilizing this process, BLS staff have advised the City to
anticipate an increase of approximately 10% in the number of business
licenses as there will be no opportunity for inadvertent or purposeful avoidance
of the requirement.
Finance staff has conducted a break even analysis of revenues generated
through current to proposed processes, including the assumption of a 10%
increase in the number of business licenses overall, and have concluded that a
flat fee of $80 per business, and a $20 fee per FTE will generate sufficient revenue to
sustain the program and avoid a loss of revenue under the current system.
Page 22 of 169
Page 23 of 169
BUSINESS LICENSES
Page 24 of 169
BUSINESS LICENSE BILL (HB-2005)
•Why?
•Improve the business climate by simplifying the administration of municipal general business licenses
•When?
•Law effective as of 7/23/2017
•Compliance with law by 2020 or 2022, dependent on platform
Page 25 of 169
BUSINESS LICENSE BILL (HB-2005)
•What?
•Requires all cities with business licenses to partner for administration of business licenses with either of following agencies:
•Business Licensing Service (BLS) (By 2022)
•FileLocal (By 2020)
•Requires cities to adopt a model business license threshold by January 2019 –AWC is working on a standard
Page 26 of 169
BLS OR FILELOCAL
•Intake application and renewals
•Print and mail licenses
•Collect and distribute fees
•Provide on demand reporting
Page 27 of 169
BLS -BENEFITS & CHALLENGES
Customers
Convenience
One stop
Shop
Standard Tool
Efficient
Customers
Processing
Cost
Lacks
Face-to
Face
Interaction
Page 28 of 169
BLS BENEFITS & CHALLENGES
City
Time
saving for
other
customers
Higher
adoption
of PMC
Elimination
of some
cost
Retain the
review &
approval
authority
City
No
significant
cost
savings
Standard
options for
rate
setting
Lacks face
to face
interaction
Page 29 of 169
SNAPSHOT -CURRENT FEE SCHEDULE
•In City Commercial Location
•$75 for the first 3,000 sq. ft.
•$30 for each additional 3,000
•Liquor Sales (restaurant/tavern)
•$200 in place of commercial location base fee + Sq. ft. cost
•$350 in place of commercial location base fee + Sq. ft. cost
•Bank/Financial Institution: $200
•Hotels/Motels: $75 + $5 per unit
•Residential/RV Parks: $45 + $3 per spacePage 30 of 169
BLS STANDARD
•Flat Fee
•Range of Employee head count
•Employees Headcount
•Number of Full Time Equivalent (FTE)
FTE = Total Hours Worked/1920 Hours
Page 31 of 169
EXAMPLE
CURRENT
Restaurant w/ Liquor sales and dancing services. 6,000 sq. ft. & 10 employees
Base fee
a)Regular -$75
b)Liquor sales –Additional $125
c)Liquor sales w/ dancing –Additional $150
Additional sq. ft. -$30
Total -$75+$125+$150+$30 = $380
FUTURE
Restaurant w/ Liquor sales
and dancing services.
6,000 sq. ft. & 10 employees
Base fee –TBD ($75 for example)
Additional employee headcount –TBD ($25 per employee for example)
Total -$75+$25*10 = $325
Page 32 of 169
PMC Title 5 5/1/2017 1
TITLE 5
BUSINESS LICENSES AND REGULATIONS
CHAPTER 5.04 LICENSES GENERALLY ....................................................................... 2
CHAPTER 5.05 AMBULANCE SERVICE ...................................................................... 16
CHAPTER 5.06 FLEA MARKETS, SWAP MEETS, BUY-SELL MARTS AND THE LIKE ....... 18
CHAPTER 5.07 OCCUPANCY REGISTRATION ........................................................... 20
CHAPTER 5.08 SOLICITORS ................................................................................... 22
CHAPTER 5.09 RESIDENTIAL SOLICITING ............................................................... 27
CHAPTER 5.10A ITINERANT MERCHANTS AND VENDORS ........................................ 29
CHAPTER 5.12 PAWNBROKERS AND SECOND-HAND DEALERS ................................. 35
CHAPTER 5.13 SCRAP METAL BUSINESS LICENSE ................................................... 40
CHAPTER 5.16A CARNIVALS AND CIRCUSES ........................................................... 43
CHAPTER 5.20 JUKE BOXES, PINBALL GAMES AND OTHER AMUSEMENT DEVICES .... 46
CHAPTER 5.25 SPECIAL EVENTS AND ENTERTAINMENT .......................................... 50
CHAPTER 5.27 ADULT ENTERTAINMENT FACILITY LICENSES .................................. 64
CHAPTER 5.28 FOOD ESTABLISHMENT ................................................................... 84
CHAPTER 5.32 UTILITIES - OCCUPATION LICENSE.................................................. 86
CHAPTER 5.40 HOTELS AND ROOMING HOUSES ..................................................... 91
CHAPTER 5.45A TAXICAB AND TRANSPORTATION NETWORK COMPANY LICENSING 95
CHAPTER 5.46 PRIVATE DETECTIVE AGENCES, PRIVATE DETECTIVES, PRIVATE
SECURITY GUARDS, AND PRIVATE SECURITY COMPANIES ..................................... 104
CHAPTER 5.52 RUMMAGE, YARD SALES ................................................................ 106
CHAPTER 5.56 SIDEWALK SALES .......................................................................... 108
CHAPTER 5.68 ATTENDANTS IN PRIVATE QUARTERS ............................................ 110
CHAPTER 5.70 MASSAGE BUSINESS ..................................................................... 111
CHAPTER 5.76 CABLE COMMUNICATIONS ............................................................. 113
CHAPTER 5.78 RENTAL LICENSE .......................................................................... 114
Page 33 of 169
PMC Title 5 5/1/2017 2
CHAPTER 5.04 LICENSES GENERALLY
Sections:
5.04.010 DEFINITIONS .................................................................................. 2
5.04.020 LICENSE REQUIRED ......................................................................... 3
5.04.030 WAIVER .......................................................................................... 4
5.04.040 EXERCISE OF LICENSING POWER ..................................................... 4
5.04.050 APPLICATION FOR LICENSE ............................................................. 5
5.04.052 RESPONSIBILITY OF APPLICANT/LICENSEE ...................................... 5
5.04.055 AGENTS RESPONSIBLE FOR OBTAINING LICENSE ............................. 5
5.04.057 DUTIES OF LICENSEE ...................................................................... 5
5.04.060 TERM OF LICENSES ......................................................................... 5
5.04.070 POSTING - INSPECTION ................................................................... 6
5.04.080 TRANSFERS ..................................................................................... 6
5.04.090 REBATES NOT TO BE PAID ............................................................... 6
5.04.100 MULTIPLE BUSINESSES - PAYMENT OF ONE FEE ............................... 6
5.04.110 REVOCATION OF LICENSE................................................................ 6
5.04.115 REINSTATEMENT PROCEDURES AND STANDARDS FOR REVIEWING
AN APPLICATION FOR REINSTATEMENT. ......................................................... 8
5.04.120 MAXIMUM FEE ................................................................................. 9
5.04.130 BASE FEE ........................................................................................ 9
5.04.140 SQUARE FOOTAGE CHARGES ........................................................... 9
5.04.150 OUTSIDE AREA CHARGES ................................................................ 9
5.04.160 FEES ............................................................................................... 9
5.04.170 EXEMPTIONS ................................................................................. 12
5.04.175 LANGUAGE OF SPECIAL CHAPTERS PREVAIL ................................... 13
5.04.180 LICENSES TO BE OBTAINED BY FIRST REGULAR BUSINESS ............. 13
5.04.190 LATE PAYMENT FEE ....................................................................... 13
5.04.200 COLLECTION OF FEES BY CIVIL ACTION ......................................... 13
5.04.210 CODE INFRACTION - CIVIL PENALTY .............................................. 14
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 within the City of Pasco shall be deemed a separate
business for the purpose of requiring a business license except those additional
business locations within the City which provide ancillary services to the primary
business activity, but do not provide direct sale of services or products including, but
not limited to, facilities utilized only for storage, product preparation, maintenance or
training.
B) "City" means City of Pasco, Washington.
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C) "Licensee" shall include the applicant(s) for a business license or the holder
thereof for any use of period of time.
D) "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.
F) "Square feet of floor space" means the total area of enclosed floor space
regardless of use or number of locations. (Ord. 3647 Sec.1, 2003; Ord. 3569 Sec. 1,
2002; Ord. 2675 Sec. 1, 1988; prior code Sec. 3- 1.04.)
F) “Business Licensing Service” or “BLS” means the office within the
Washington State Department of Revenue that administers the application and renewal
of the City’s General Business Licenses.
G) “Employee” means any person who performs work, labor, or services for a
business and is on the business payroll. The term “employee” also includes self-employed
persons, sole proprietors, owners, managers, partners, and all full-time, part-time, and
temporary employees on the business payroll.
5.04.020 LICENSE REQUIRED.
A) It is unlawful for any person to engage in any business within the City or to
conduct any shows, exhibitions, or lawful games within the City without holding a license
issued by the City and complying with the requirements of this chapter. If more than
one business is conducted on a single premise, a separate license is required for each
specific business conducted, operated, engaged in or practiced. If a business is
conducted by the same owner, but from more than one premise in the City, a separate
license shall be required for each premise within the City. (Ord. 2675 Sec. 1, 1988; Ord.
2261 Sec. 1, 1981; prior code Sec. 3-1.30.)
B) Each application for licensure must be submitted with all required information
and accompanied by all fees due. Applications submitted incomplete and remaining
incomplete for 120 or more days will be withdrawn.
C) Business licenses issued under this Chapter are effective upon approval and
must be renewed annually on or before the expiration date of the license in order to
continue business after the expiration date.
D) Businesses required to obtain a license must do so prior to engaging in or
conducting business within the City.
5.04.025 PROCEDURE FOR ISSUANCE OF LICENSE
A) Every person required to procure a license under this Chapter must submit
a complete Business License Application to the Business Licensing Service. In the case of
licenses regulated through other Chapters of this Title, the application must be submitted
directly to the City on the appropriate form or in the manner provided by the City, and
provide all information and fees required by the City.
1) Unless otherwise provided, a complete application must be approved or
disapproved by the City within fifteen (15) days of receipt by the City Licensing Officer.
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2) Review of business licenses required in less than fifteen (15) days are by
definition expedited license reviews and must be approved or disapproved within
three (3) business days of receipt by the City.
B) Renewal License Procedure. The licensee must submit a complete renewal
application to the Business Licensing Service and provide all information and pay all fees
due. In the case of licenses regulated under other Chapters of this Title, the renewal must
be submitted directly to the City on forms or in the manner provided by the City, and
must provide all information and fees required by the City. The renewal application must
provide information concerning the applicant’s business during the preceding licensing
period reasonably necessary to determine his eligibility for a renewal license and the
computation of license fees.
C) Duplicate License Procedure. To receive a replacement license that was issued
under this Chapter, the licensee must contact the Business Licensing Service. For licenses
issued under other Chapters of this Title, the licensee must ask the City for a duplicate
license. Duplicate licenses issued through the City will be issued for amount indicated in
the fee schedule in PMC 3.07.010.
D) License Changes. When a licensee must update the business license account
record created under this Chapter, or intends to change the physical place of business,
the adjustment must be made through the Business Licensing Service. For a change of
physical location, a new Business License Application may need to be submitted to the
Business Licensing Service, providing the appropriate information and payment of fees
due. The change will be referred to the City for review and reapproval before a new
license will be issued. For licenses issued under other Chapters of this Title, the requested
adjustment or change must be submitted directly to the City in the manner provided by
the City, along with any information and fees required for the change.
E) Disapproval of License. When the issuance of a license is denied and any
action is instituted to compel its issuance, the applicant may not engage in the activity
for which the license was refused while the matter is being reviewed, and until a license
is issued.
5.04.030 WAIVER. The City Council shall have the right to waive by motion the
business licenses requirement imposed under this chapter whenever the City Council
deems it in the public interest that the business license not be required. Any such motion
must be passed by a majority of the members of the City Council present and voting on
the waiver and the Council minutes shall reflect the motion and the number of Councilmen
voting in favor thereof. (Ord. 3394 Sec. 1, 1999; Prior code Sec. 3-1.32.)
5.04.040 EXERCISE OF LICENSING POWER. The provisions of this chapter shall
be deemed an exercise of the power of the City to license for regulation and revenue.
(Prior code Sec. 3-1.34.)
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5.04.050 APPLICATION FOR LICENSE. Each applicant for a license shall file an
application through Business Licensing Service (excluding Rental Residential, Rental Multi-
Residential, Solicitors, Driver for Hire, Special Events, - which shall be licensed directly
through the City) with the City Clerk representative. The application shall be in writing
and signed by the applicant and shall give the applicant's residence address and business
address and such other information as shall be required by the City Clerk. Upon payment
of the license fee, and satisfactory compliance with other applicable City ordinances and
general laws, the clerk shall issue the license shall be issued. (Ord. 1447 Sec. 1, 1970:
prior code Sec. 3-1.40.)
5.04.052 RESPONSIBILITY OF APPLICANT/LICENSEE.
A) Information. Any applicant for a business license shall be responsible for
the accuracy of the information given and statements made on the application form. In
the event information provided on the application form becomes incorrect or inaccurate
for any reason after issuance of a license by the City, the applicant licensee is personally
responsible to file an amended application containing the correct information with the
City Clerk update and manage their business information changes with the Business
Licensing Service. (Ord. 2675 Sec. 1, 1988.)
B) Requirements of this chapter. The applicant for a business license is
personally responsible for compliance with the requirements of this chapter by the
business named on any license issued on the basis of the application signed by the
applicant submitted under this Chapter. (Ord. 2675 Sec. 1, 1988.)
5.04.055 AGENTS RESPONSIBLE FOR OBTAINING LICENSE. The agents or other
representatives of non-residents who are doing business in this City shall be personally
responsible for the compliance with this Chapter of their principals and of the businesses
they represent with this chapter. (Ord. 2675 Sec. 1, 1988.)
5.04.057 DUTIES OF LICENSEE. Every applicant/licensee regulated under this
chapter shall must:
A) Ascertain and at all times comply with all laws and regulations applicable to
such licensed business.
B) Be personally responsible for the business operation and activities occurring
on the business premises.
C) Avoid all illegal practices or conditions on the business premises which do
or may harmfully affect the public health, safety or welfare; including the taking of such
corrective or preventative actions as are reasonably available (i.e., supervision,
prohibiting lawbreakers and troublemakers from the business premises, reporting criminal
activity to the police) and requested in writing by the City Manager or his designee. (Ord.
2675 Sec. 1, 1988.)
5.04.060 TERM OF LICENSES. All licenses shall be for a period of one year, unless
otherwise provided herein; . such license to begin January 1st of each year and terminate
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the following December 31st, and must be renewed annually on the first regular business
day of January, but in no case later than the last regular working day of February each
year. Any license which is hereinafter required for any year shall entitle the licensee(s)
to operate within the City until December 31st of the year in which the license is issued
by the City unless revoked pursuant to section 5.04.110. Any and all licenses issued for
any new business 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, but only one-
half the license fee if operations begin after June 30th. (Ord. 3394 Sec. 1, 1999; Ord.
2675 Sec. 1, 1988; Prior code Sec. 3-1.44.)
5.04.070 POSTING - INSPECTION. The license shall be conspicuously posted in
each place of business and shall be produced for inspection upon the request of any
authorized City Official. (Prior code Sec. 3-1.48.)
5.04.080 TRANSFERS. Licenses may be transferred upon application submitted
to the City Clerk and payment of a transfer fee as set forth in Chapter 3.07 of this code.
The transfer fee may be waived for a currently licensed business located within Pasco
that transfers a business license to a different Pasco location that has received current
building and fire safety inspections as a result of a building permit for new construction,
expansion or remodeling. Upon payment of the transfer fee, and satisfactory compliance
with other applicable City ordinances and general laws, the Clerk shall issue the license.
(Ord. 4105 2013; Ord. 3560 Sec. 1, 2002; Ord. 3394 Sec. 1, 1999; Ord. 1447 Sec. 2,
1970; Ord. 1422 Sec. 1, 1970; prior code Sec. 3-1.52.)
5.04.090 REBATES REFUNDS NOT TO BE PAID. No rebates refunds shall be paid
made if the licensee shall fail to operate the business for the full period of the license.
(Prior code Sec. 3-1.56.)
5.04.100 MULTIPLE BUSINESSES - PAYMENT OF ONE FEE. Where more than one
of any of the business activitieses for which a license is required under this Chapter is
carried on by the same person in the same location, then such person shall will be
required to hold only a single license and pay the highest license fee in this chapter
required for any such businesses and no license fee shall be required for the other
businesses there carried on license. (Prior code Sec. 3-1.60.)
5.04.110 REVOCATION OF LICENSE. A) The City Manager may revoke any license
issued under this title after it has been issued, or any person's privilege to do business in
the City of Pasco, when after investigation by City staff, any one or more of the following
grounds are found to exist:
1) Illegal issuance of the permit.
2) Issuance of the permit without authority or power.
3) Issuance under an unauthorized ordinance or under an ordinance
illegally adopted.
4) Issuance in violation of an ordinance.
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5) When the business license was procured by fraud or false
representation of facts.
6) When issued through mistake or inadvertence.
7) When the license application contains false or misleading
statements, evasions or suppression of material facts.
B) Other grounds for revocation in addition to those stated in the previous
subsection are:
1) Substantial violations of the terms and conditions on which a license
or permit is issued.
2) Violation of ordinances or law authorizing or regulating the license
or permit, or regulating the business, activity or thing for which it is issued.
3) Conviction of infractions of or offenses under such an ordinance or
law.
4) Wrongful behavior of a substantial character and of a public concern
in relation to the licensed activity.
5) When reasonably necessary in the interest of protection of the public
health, safety, peace or welfare.
6) When a business becomes an instrument of or a cover for public
disorder, crime, or other danger to public safety, morals or health.
C) Before any such license or licensing privilege shall be canceled or revoked
the holder of such license or privilege shall be given two weeks notice of a hearing to be
held before the City Hearing Examiner at which time the applicant must show cause why
such license and for privilege to do business should not be revoked. The notice to be
given the applicant must state the grounds and the reasons for the forfeiture and
revocation and also the date set for the hearing thereon. PROVIDED, HOWEVER, the
City Manager may deny the issuance of a license or immediately revoke the license of
any business for any of the grounds set forth, when any such license has been issued for
a period of less than 72 hours; any such determination by the City Manager shall be
deemed conclusive unless the applicant appeals to the Hearing Examiner within five (5)
calendar days of notice of the revocation. Pending any such appeal to the Hearing
Examiner, the business license shall remain revoked or denied.
D) The decision of the Hearing Examiner to revoke a business license or
licensing privilege or to sustain the decision of the City Manager revoking a license on an
appeal, shall be supported by written findings of fact in support of the decision. Each
decision of the Hearing Examiner to revoke a business license and/or the business
licensing privilege shall set forth a minimum period of time for which the business license
and/or business licensing privilege is to be revoked. The minimum time period for the
duration of the revocation of a business license and/or the business licensing privilege
shall be one (1) year unless the Hearing Examiner determines that extraordinary
circumstances exist justifying a shorter period of time, in which case the justification for
such decision shall be set forth by the Hearing Examiner in writing. In determining the
minimum time of the revocation during which reinstatement of a business license and/or
business licensing privilege shall not be considered, the Hearing Examiner will consider
among other factors:
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1) The degree of the persons culpability and the conduct leading to the
revocation;
2) The criminal nature of the conduct, if any;
3) The conduct's effect on the community; and
4) The licensee's acceptance of the responsibility for their actions or
conversely their failure to accept responsibility or admit their wrongdoing. (Ord.
4347, 2017; Ord. 2922 Sec. 1, 1993; Ord. 2675 Sec. 1, 1988; Ord. 2569 Sec 1,
1985; prior code Sec. 3- 1.64.)
5.04.115 REINSTATEMENT PROCEDURES AND STANDARDS FOR
REVIEWING AN APPLICATION FOR REINSTATEMENT.
A) Procedures. At any time following the minimum time period for revocation
of a business license and/or business licensing privilege set forth by the Hearing Examiner
in their decision to revoke a license and/or business licensing privilege, reinstatement of
the license and/or licensing privilege may be sought utilizing the following procedures:
1) A written An application shall be completed must be submitted
through the Business License Service as provided in this Chapter. Or in the case
of licenses regulated under other Chapters of this Title, an application must be
submitted to the City in a manner provided by on a form available from the City
Clerk.
2) When the complete The application is received by the City, when
completed, shall be it must be filed with the City Clerk, with a copy to the City
Attorney and the City Manager.
3) The Hearing Examiner shall set a public hearing date with at least
two (2) weeks' notice to the applicant to consider the application for reinstatement.
4) The public hearing shall be advertised by the City Clerk in a
newspaper of general circulation in the City of Pasco at least once and at least five
(5) days prior to the public hearing.
5) At the public hearing the Hearing Examiner receive testimony from
the applicant, City Staff and interested members of the public.
6) Upon conclusion of the public hearing the Hearing Examiner shall
decide whether to approve the application for reinstatement with or without
conditions, or to deny the application for reinstatement.
7) All approvals or denials of an application shall be supported by
written findings of fact.
B) Standards for Review. In making their determination on an application for
reinstatement of a business license and/or the business licensing privilege, the Hearing
Examiner shall consider all relevant factors brought to their attention, which shall include:
1) The time since the revocation action was taken;
2) The degree of applicant's culpability and the conduct leading to the
revocation and the criminal nature of the conduct, if applicable;
3) The effect on the community of the conduct leading to the revocation
of the licensing privilege and any lingering effects still experienced by the
community;
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4) The steps taken by the applicant to reform him/herself or insure that
if placed in a similar business ownership position, he/she would not revert to the
prior conduct which lead to the revocation of his/her license and/or business
licensing privilege; and
5) Any additional means by which the applicant can demonstrate to the
Hearing Examiner that if allowed a new business license, the prior wrongful
conduct would not reoccur. (Ord. 4347, 2017; Ord. 3394 Sec. 1, 1999; Ord. 2922
Sec. 2, 1993.)
5.04.120 MAXIMUM FEE. The maximum annual license fee will be as set for in
Chapter 3.07 of this code. Provided, however, this section on maximum annual fee shall
not apply to business licenses for dwelling unit rentals. (Ord. 3759, 2006; Ord. 3560 Sec.
2, 2002; 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.)
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 per year, as set for 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. 3560 Sec. 3, 2002; Ord. 3394 Sec. 1,
1999.)
5.04.140 SQUARE FOOTAGE CHARGES. The first three thousand square feet of
floor space is included in the base fee. A sum as set for in Chapter 3.07 of this code shall
be added for each additional increment of three (3000) square feet or any fraction
thereof. (Ord. 3560 Sec. 4, 2002; 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.)
5.04.150 OUTSIDE AREA CHARGES. Outside area charges as set for 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. 3560 Sec. 5, 2002; Ord. 3394 Sec. 1, 1999.)
5.04.160 FEES. An annual license fee as set for in Chapter 3.07 of this code shall
apply for the following to all business categories (excluding Rentals, Solicitors, Driver for
Hire, Special Events). In addition to the annual license fee there will be a fee for each
employee:
A) The number of employees is determined by adding the total number of hours
worked by all employees within the City limits of Pasco during the twelve (12) month
period immediately preceding the year for which the license fee is payable, divided by
one thousand nine hundred twenty (1,920), the annual, per person full time work hour
figure used by the Washington State Department of Labor and Industries. The result
must be rounded to the nearest whole number.
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B) Employers without 12 months employment history must estimate the number
of employee hours that will be worked during the coming 12-month period and use the
above calculation on that total. :
C) The annual fee amount may be prorated to accommodate synchronization of a
license expiration date with a date established by the Business Licensing Service.
D) Handling Fees: All business license applications and renewals filed through the
Business Licensing Service must include payment of the handling fees authorized by RCW
19.02.075 and WAC 458-02-200.
E) Late Payment Fee: All business license applications must be renewed on or
before the expiration date. Any license which is not renewed by the expiration date may
be assessed a late penalty payable through Business Licensing Service (RCW 19.02.085)
or the City (Chapter 3.07.050), whichever is applicable. A license that remains delinquent
for 120 or more days after the expiration date will be cancelled. Cancellation of a license
requires reapplication for a license in order to conduct business within the City.
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 payable for each
independent business location and the first unit and 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. 3560 Sec. 6, 2002; 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 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
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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.
Auction sales shall be required to comply with the Special Events provisions as set
forth in this code. (Ord. 3560 Sec. 6, 2002; Ord. 2831 Sec. 1, 1991.)
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. (Ord. 3560 Sec. 6, 2002.)
D) BOWLING ALLEYS. Bowling alleys shall pay an annual fee for the first alley
and an additional fee for each additional alley. (Ord. 3560 Sec. 6, 2002.)
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 an
additional fee per unit. Each separate tenant in a building or of a tract of land shall
constitute a separate unit for purposes of this chapter. (Ord. 3560 Sec. 6, 2002.)
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 an additional fee for each additional truck or
conveyance. If a storage or warehousing business is carried on in conjunction with the
dray and transfer business, square footage charges shall also be paid. (Ord. 3560 Sec.
6, 2002.)
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 an
additional fee for each unit. (Ord. 3560 Sec. 6, 2002.)
H) LIQUOR SALES WITH AND WITHOUT DANCING. Any place serving beer,
wine or other intoxicating liquor shall pay 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
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intoxicating liquor, the fee shall be an annual fee, plus square footage charges. (Ord.
3560 Sec. 6, 2002.)
I) 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.
(Ord. 3560 Sec. 6, 2002.)
K) PROFESSIONAL BOXING AND WRESTLING EXHIBITION. All persons
staging professional boxing or wrestling matches shall pay a fee per show. (Ord. 3560
Sec. 6, 2002.)
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 an annual fee plus an additional fee per room or unit.
(Ord. 3560 Sec. 6, 2002.)
N) THEATERS. Theaters shall pay an annual fee. (Ord. 3560 Sec. 6, 2002.)
O) 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.)
5.04.170 EXEMPTIONS. A) NONPROFIT ORGANIZATIONS. Nonprofit
organizations operating without private profit, either regularly or temporarily, for a public,
charitable, educational, literary, fraternal or religious purpose shall apply for a no fee
business license through Business License Service and conduct activities only after the no
fee business license has been issued. To qualify for the no fee nonprofit license the
applicant must provide proof of being granted tax-exempt status by the federal Internal
Revenue Service under section 501(C) of the U.S. Code. This no fee provision shall
exempt apply only to the nonprofit organization but not persons sponsored by nonprofit
organizations if any private profit whatever is derived from its operation. Any business
conducted where only a part of the proceeds go to a nonprofit organization is not exempt
from a business license fee. (Ord. 2619, Sec. 1, 1986.)
B) CARD ROOMS. The provisions of this chapter shall not apply to card rooms.
C) CARNIVALS AND STREET SHOWS. The provisions of this chapter shall not
apply to carnivals and street shows licensed under Chapter 5.16.
D) JUKE BOXES, PINBALL, AMUSEMENT GAMES AND MACHINES. The
provisions of this chapter shall not apply to electrical phonographs, pinball games or
machines of skill or amusement licensed under Chapter 5.20.
E) GAS INSTALLERS. The provisions of this chapter shall not apply to gas
installers licensed under Chapter 16.12.
F) MOBILE HOMES. The provisions of this chapter shall not apply to mobile
homes licensed under Chapter 19.12.
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G) PEDDLERS AND SOLICITORS. The provisions of this chapter shall not apply
to peddlers and solicitors licensed under Chapter 5.08.
H) FOR-HIRE VEHICLES. The provisions of this chapter shall not apply to for-
hire vehicles licensed under Chapter 5.45.
I) UTILITIES. The provisions of this chapter shall not apply to utilities, other
than telegraph utilities, licensed under Chapter 5.32.
J) PUNCH BOARDS. The provisions of this chapter shall not apply to punch
boards or trade stimulators.
K) ARCADE OR SIMILAR BUSINESSES OR ENTERTAINMENT MACHINES. The
provisions of this chapter shall not apply to any arcade or similar business or
entertainment machines licensed under Chapter 5.64. (Ord. 3394 Sec. 1, 1999; Ord.
1907 Sec. 4, 1977; prior code Sec. 3-1.170 - 3-1.206.)
5.04.175 LANGUAGE OF SPECIAL CHAPTERS PREVAIL. The provisions of this
chapter shall be subordinate to any provision of any other chapter of this title where the
provisions address the same subject or are in conflict. It is the intent of this section that
the provisions of chapters specially regulating a particular kind or kinds of business prevail
over the provisions of this chapter which generally licenses businesses where there is
conflict in language and the two provisions cannot be interpreted harmoniously with one
another. (Ord. 2833 Sec. 1, 1991.)
5.04.180 LICENSES TO BE OBTAINED BY FIRST REGULAR BUSINESS DAY OF
JANUARY. All persons engaged in business shall procure their license to operate on the
first regular business day of each and every January, but in no case later than the last
regular business day of February each year. (Ord. 3394, Sec. 1, 1999; Ord. 1907 Sec. 5,
1977: prior code Sec. 3-1.220.)
5.04.190 LATE PAYMENT FEE. A late payment fee shall be added to each annual
license not procured before March 1st of each and every year to help defray added
administrative expenses because of such late payment. Late payment fees shall be as
set forth in Chapter 3.07 of this code for the following categories: A: Rentals – Dwelling
units and B) All other business licenses. A business license delinquency fee is imposed by
Business License Service on licensees who fail to renew by the business license expiration
date. The business license delinquency fee is he lesser of one hundred fifty dollars or fifty
percent of a base comprised of the licensee's renewal fee minus corporate licensing taxes,
corporation annual report fee, and any interest fees or penalties charged for late taxes
or corporate renewals. The business license delinquency fee must be added to the
renewal fee and paid by the licensee before a business license is renewed. (Ord. 3766
Sec. 1, 2006; Ord. 3560 Sec. 7, 2002; Ord. 3426 Sec. 1, 2000; Ord. 3394 Sec. 1, 1999;
Ord. 2223 Sec. 5, 1980; prior code Sec. 3- 1.224.)
5.04.200 COLLECTION OF FEES BY CIVIL ACTION. The City shall have the power
to institute suit or action in any court of competent jurisdiction for the purpose of
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collecting any license fees and late payment fees that are due and payable. (Prior code
Sec. 3- 1.232.)
5.04.210 CODE INFRACTION - CIVIL PENALTY.
A) Not withstanding any other provision of this code and except as provided in
(b) below, any person violating any of the provisions or failing to comply with any of the
requirements of this chapter, shall upon a finding that the act or omission has been
committed, shall be punished by a fine of not more than three hundred fifty dollars, and
shall be guilty of a code infraction. Each such person is guilty of a separate code infraction
for each and every date during any portion of which any violation of any provision of this
chapter is committed, continued or permitted by such person and shall be punished as
aforestated. (Ord. 2675 Sec. 1, 1988; Ord. 2475 Sec. 1, 1983.)
B) Any person who engages in any business within the City as required by
Section 5.04.020 without a license after the license for the business is revoked under
section 5.04.110 is guilty of a crime and subject to the penalties of fine and/or jail set
forth in section 1.01.130 of this code. (Ord. 2675 Sec. 1, 1988.)
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CHAPTER 5.05
Trade shows, exhibitions and temporary special events.
(Repealed Ord. 3524 Sec. 1, 2001.) (Going Out of Business Sales –
previous 5.05) {Repealed Ord. 2955 Sec. 1, 1993}.
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CHAPTER 5.05 AMBULANCE SERVICE
Sections:
5.05.010 BUSINESS LICENSE REQUIRED ....................................................... 16
5.05.020 TERM OF AMBULANCE SERVICE BUSINESS LICENSE ........................ 16
5.05.030 ANNUAL AMBULANCE SERVICE BUSINESS FEE ................................ 16
5.05.040 CONDITIONS OF AMBULANCE SERVICE BUSINESS LICENSE ............ 16
5.05.050 EXHIBITION OF LICENSE REQUIRED .............................................. 17
5.05.010 BUSINESS LICENSE REQUIRED. A person or entity may not conduct or
operate an ambulance service within the City without first obtaining an ambulance service
business license through Business Licensing Service. Applications Supplemental
information is required for an ambulance service business license and must be made in
writing to the Fire Chief on forms specified by the Department City. The Fire Chief shall
not approve an application for ambulance service business license unless the applicant
has fulfilled all requirements of this Chapter and any applicable provisions of all State
laws and regulations relating to ambulance service personnel, equipment and operations.
5.05.020 TERM OF AMBULANCE SERVICE BUSINESS LICENSE. Any ambulance
service business license issued hereunder shall be for the calendar one year, unless
suspended or revoked pursuant to PMC Chapter 5.04. Such ambulance service business
license may be renewed for each calendar year by submitting an application to the
Business License Service upon filing and approval of an application in payment of the
annual business license fee.
5.05.030 ANNUAL AMBULANCE SERVICE BUSINESS LICENSE FEE. The charge for
the license under this Chapter shall be as set forth in Chapter 3.07 of this Code payable
at the time of application.
5.05.040 CONDITIONS OF AMBULANCE SERVICE BUSINESS LICENSE FEE.
A) An initial application and any subsequent renewal application for an
ambulance service license shall be submitted to the Fire Chief for approval and shall be
made on forms provided by the Department and shall contain the following information
and documents:
1) Name, address and telephone number of the applicant. The
applicant administrator's name and contact number(s) must be kept current. Any
change(s) must be conveyed to the Department within five (5) working days.
2) Business named under which the ambulance service shall operate
within the City.
3) The number of ambulances to be initially placed in service within the
City.
4) The number of certified emergency medical providers initially to be
employed.
5) A roster of all ambulances to be used in the City with proof that each
ambulance is currently licensed as an ambulance by the State of Washington.
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6) A roster of all certified emergency medical providers with proof that
each emergency medical providers is currently certified by the State of
Washington, including the certification level and expiration date.
7) Proof that ambulances and personnel are verified emergency inter-
facility trauma transfer providers as defined in the most current Washington
statutes and regulations.
8) Proof of insurance.
B) Prior to the issuance of the ambulance service license, the application and
all necessary records and documents including proof of State inspections of all equipment
shall be reviewed by the Fire Chief, or his designee, who shall determine whether said
records, documents, and inspection conform with the requirements of this Chapter, and
any applicable State and Federal rules or regulations. Upon approval of the application,
the Fire Chief shall authorize the issuance of an ambulance service business license from
the City Clerk to the applicant.
5.05.050 EXHIBITION OF LICENSE REQUIRED. For each ambulance provider
licensed pursuant to the terms of this Chapter, a business license or a reasonable facsimile
thereof shall be prominently displayed at the place of business, and produced upon
request. (Ord. 3801, 2006).
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CHAPTER 5.06 FLEA MARKETS, SWAP MEETS, BUY-SELL MARTS AND THE
LIKE
Sections:
5.06.010 LICENSE REQUIRED ....................................................................... 18
5.06.015 LICENSING OF CUSTOMERS, VENDORS ETC.................................... 18
5.06.020 PREMISES ..................................................................................... 18
5.06.030 PERMIT FEE .................................................................................. 18
5.06.040 APPLICATION FOR LICENSE ........................................................... 18
5.06.050 TERM OF LICENSE ......................................................................... 19
5.06.060 POSTING - INSPECTION ................................................................. 19
5.06.070 CODE INFRACTION - CIVIL PENALTY .............................................. 19
5.06.010 LICENSE REQUIRED. It shall be a violation of this code for any person
to conduct, operate, sponsor or promote a "flea market," "swap meet," "buy-sell mart"
or the like where there is a meeting together of people at a stated time or times and
place for the purpose of buying or selling, exchanging, trading, bargaining, bartering or
dealing antiques, secondhand articles, wares, merchandise or goods, except by auction,
without a license issued to him by the City pursuant to the provisions of this chapter.
(Ord. 2521 Sec. 1 (part), 1984.)
5.06.015 LICENSING OF CUSTOMERS, VENDORS ETC. No customer, vendor,
renter or lessee at any undertaking licensed under this chapter shall be required to obtain
a general license under Chapter 5.04 unless they are engaged in business at the licensed
premises more than thirty days. (Ord. 2521 Sec. 1 (part), 1984.)
5.06.020 PREMISES. No license shall be issued under this chapter unless the
undertaking is to be within a building or at a location that is otherwise licensed as a
"business location" by the City under Chapter 5.04 of this code. (Ord. 2521 Sec. 1 (part),
1984.)
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 fee per each one hundred square
feet of rentable space. Provided, however, the maximum annual license fee shall be the
same as set forth in Section 5.04.120 of this Code. "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. (Or. 3759
Sec. 2, 2006; Ord. 3560 Sec. 8, 2002; Ord. 3394 Sec. 3, 1999; Ord. 2521 Sec. 1 (part),
1984.)
5.06.040 APPLICATION FOR LICENSE. Each applicant for a license shall file an
application with the City Clerk. The application shall be in writing and signed by the
applicant and shall give the applicants residence address and business address and such
other information as shall be required by the City Clerk. Upon payment of the license
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fee, and satisfactory compliance with other applicable city ordinances and general laws,
the Clerk shall issue the license. (Ord. 2521 Sec. 1 (part), 1984.)
5.06.050 TERM OF LICENSE. The license shall be for a period to begin January
1st 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 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. 3560 Sec. 9, 2002; Ord. 2521 Sec. 1
(part), 1984.)
5.06.060 POSTING - INSPECTION. The license shall be conspicuously posted at
each location of an undertaking licensed under this chapter and shall be produced for
inspection upon the request of any authorized city official or employee. (Ord. 2521 Sec.
1 (part), 1984.)
5.06.070 CODE INFRACTION - CIVIL PENALTY. Any person violating any of the
provisions or failing to comply with any requirements of this chapter, upon a finding that
the act or omission has been committed, shall be punished by a fine of not less than one
hundred fifty dollars and not more than three hundred fifty dollars and shall be guilty of
a code infraction. Each such person is guilty of a separate infraction for each and every
day during any portion of which any violation of any provision of this chapter is
committed, continued or permitted by such person and shall be punished as aforestated.
(Ord. 2521 Sec. 1 (part), 1984.)
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CHAPTER 5.07 OCCUPANCY REGISTRATION
Sections:
5.07.010 PURPOSE ...................................................................................... 20
5.07.020 REGISTRATION REQUIRED ............................................................ 20
5.07.030 FEE ............................................................................................... 20
5.07.040 APPLICATION ................................................................................ 20
5.07.050 APPROVAL ..................................................................................... 20
5.07.060 NOTICE OF CHANGE ...................................................................... 21
5.07.070 NONCOMPLIANCE .......................................................................... 21
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. (Ord. 3569 Sec. 2, 2002.)
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. (Ord. 3569 Sec. 2, 2002.)
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. (Ord. 3569 Sec. 2, 2002.)
5.07.040 BUSINESS LICENSE REQUIRED APPLICATION. Each applicant for a an
Occupancy Registration shall file an application with the City Clerk Business Licensing
Service for a Nonprofit Business License as provided for under PMC 5.04.170 and renew
said license annually. 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.
B) 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. (Ord. 3569 Sec. 2, 2002.)
5.07.050 APPROVAL. The City Clerk City License Representative 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 License Representative shall approve
the occupancy registration. (Ord. 3569 Sec. 2, 2002.)
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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. (Ord. 3569 Sec. 2, 2002.)
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. (Ord. 3569 Sec.
2, 2002.)
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CHAPTER 5.08 SOLICITORS
Sections:
5.08.010 SOLICITOR DEFINED ..................................................................... 22
5.08.020 LICENSE REQUIRED ....................................................................... 22
5.08.030 APPLICATION FOR LICENSE ........................................................... 22
5.08.040 CONTENTS OF APPLICATION.......................................................... 22
5.08.045 STATE AND FEDERAL BACKGROUND INVESTIGATION CRIMINAL
HISTORY CHECK. .......................................................................................... 23
5.08.050 LICENSE FEES ............................................................................... 24
5.08.060 INVESTIGATION AND CRIMINAL HISTORY CHECK - CHARACTER AND
BUSINESS .................................................................................................... 24
5.08.070 RENEWALS .................................................................................... 24
5.08.090 REVOCATION OF LICENSE.............................................................. 24
5.08.100 APPEAL ......................................................................................... 25
5.08.110 ORDERS ........................................................................................ 25
5.08.120 LICENSE TO BE CARRIED ............................................................... 25
5.08.130 EXCLUSIONS ................................................................................. 25
5.08.140 LICENSE NOT EXCLUSIVE ............................................................... 26
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 anonymous political speech, and the distribution
of noncommercial handbills. (Ord. 3569 Sec. 3, 2002; Prior code Sec. 3-8.04.)
5.08.020 LICENSE REQUIRED. It is unlawful for any person to act as solicitor
within the City without having first obtained a license issued pursuant to this chapter.
(Prior code Sec. 3-8.08.)
5.08.030 APPLICATION FOR LICENSE. Applicants for license under this chapter
shall file with the City Clerk an application in writing on a form to be prescribed by the
City Clerk. (Prior code Sec. 3-8.12.)
5.08.040 CONTENTS OF APPLICATION. The application shall contain the following
information:
1) The name and address of the solicitor;
2) The name and address of the person, firm or corporation by whom
employed and the names of the corporate officers thereof;
3) The length of service of each solicitor with such employer;
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4) The place of residence and nature of the employment of the solicitor with
such employer during the last preceding year;
5) The nature or character of the goods, wares, merchandise or services to be
offered by the solicitor;
6) A personal description of the solicitor;
7) A statement as to any convictions of any crimes, misdemeanors, violations
of municipal ordinances, the date, the nature of the offense and the penalty assessed
thereof;
8) Bank reference for the company. Such application shall be accompanied by
such credentials and other evidence of good moral character and identity of each solicitor
as may be reasonably required by the City Clerk. (Ord. 1907 Sec. 7, 1977; prior code
Sec. 3-8.16.)
5.08.045 STATE AND FEDERAL BACKGROUND INVESTIGATION CRIMINAL
HISTORY CHECK.
A) Pursuant to PMC 5.08.060, 5.12.018, 5.16A.040, 5.25.040, 5.25.050,
5.27.160, 5.27.170 and 5.45.110, certain licenses require satisfactory completion of a
State and Federal background investigation to include a criminal history check performed
in accordance with RCW 35A.21.370 and 28 CFR § 20.33(3).
B) Applicants for licenses requiring a criminal history check shall submit
fingerprints to the City which will submit the fingerprints to the Washington State Patrol
and the Federal Bureau of Investigation.
C) In addition to any fee required by PMC 3.07.075, the applicant shall submit
appropriate fees as required by the Washington State Patrol and the Federal Bureau of
Investigation. Once the results of the Washington State Patrol and the Federal Bureau
of Investigation check are returned to the City, the information will be promptly reviewed
and the license application processed.
D) In the event the applicant is an entity and not an individual, the City may
require criminal history checks be performed for any officers, agents, employees, or
owners of the entity seeking the license.
E) If the applicant is a private individual or entity, the City shall render a fitness
determination based upon the results of the criminal history check and communicate its
fitness determination to such private individual or entity. If an applicant is a public entity,
the City shall:
1) Render a fitness determination based upon the results of the criminal
history check and communicate its fitness determination to the public entity; or
2) Disseminate the results of the criminal history check to the public
entity for a fitness determination.
F) In rendering a fitness determination, the City shall decide whether the
applicant has been convicted of or is under pending indictment for:
1) A crime which bears upon the applicant’s ability or fitness to serve in
that capacity; or
2) Any felony or a misdemeanor which involved force or threat of force,
controlled substances, or was a sex-related offense.
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G) An applicant may request and receive a copy of the applicant’s criminal
history record information from the City. (Ord. 4022, 2011).
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. 3560 Sec. 10, 2002; 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.)
5.08.060 INVESTIGATION AND CRIMINAL HISTORY CHECK - CHARACTER AND
BUSINESS RESPONSIBILITY. The original copy of the application shall be referred to the
Chief of Police, who shall promptly make an investigation of the applicant's character and
business responsibility. Criminal history checks shall be performed in accordance with
PMC 5.08.045. If the applicant's character or business responsibility is found to be
unsatisfactory, the chief of police shall endorse on such application his disapproval and
the reason therefore and return the application to the City Clerk. The City Clerk shall
notify the applicant that his application is disapproved and that no license will be issued.
If the Chief of Police finds that the applicant's character and business responsibility are
satisfactory, he shall endorse his approval on the application and return it to the City
Clerk, who shall, upon payment of the license fee and the filing of bond as provided for
in this chapter, issue the license. (Ord. 4022, 2011; Prior code Sec. 3-8.24.)
5.08.070 RENEWALS. Licenses shall be issued for a period of one year or fraction
thereof and may be renewed without investigation upon application being made within
ten days after the expiration of the license period. In the event that within ten days after
the expiration of the license period, a renewal application has not been filed with the City
Clerk the applicant's request for a new license shall be considered as an original
application. (Prior code Sec. 3-8.28.)
5.08.090 REVOCATION OF LICENSE. A license issued under this chapter may be
suspended or revoked by the City Clerk, or the City Clerk may refuse to issue a renewal
license for any of the following causes:
1) Fraud, misrepresentation or false statement contained in the application for
license;
2) Fraud, misrepresentation or false statement made in the course of carrying
on his business as solicitor;
3) Any violation of this chapter;
4) Conviction of any crime or misdemeanor involving moral turpitude;
5) Conducting the business of soliciting or of canvassing in an unlawful manner
or in such a manner as to constitute a breach of the peace or to constitute a menace to
the health, safety or general welfare of the public.
This section shall be self-executing and the suspension or revocation shall be
effective immediately. The City Clerk shall give notice of the suspension or revocation of
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license and sufficient notice shall be given if mailed or delivered to the licensee at last
known local address. (Prior code Sec. 3-8.36.)
5.08.100 APPEAL. Any person aggrieved by the action of the Chief of Police or
the City Clerk in the denial of the license, or of the City Clerk in the suspension or
revocation of a license, shall have the right to appeal to the City Council. Such appeal
shall be taken by filing with the City Clerk written notice thereof within five days after the
entry of the order of suspension or revocation or denial. The notice of appeal shall specify
an address at which the licensee may be given notice of appearing on the appeal. The
City Council shall hear the appeal or may refer the same to a committee of the council
for hearing. At the hearing the licensee shall be entitled to appear in person and offer
evidence pertinent to the suspension, revocation or denial and the City Clerk shall likewise
be entitled to be heard at the hearing and offer evidence in support of his order of
suspension or revocation. The Chief of Police may be present at the hearing and present
evidence in support of his denial of the license. The City Council shall determine whether
the suspension, revocation or denial shall be sustained and its action in that respect shall
be final and conclusive. (Prior code Sec. 3-8.40.)
5.08.110 ORDERS. All orders taken by licensed solicitors shall be in writing in
duplicate stating the name as it appears on the license and address of both the solicitor
and his employer, the terms thereof, the amount paid in advance, and one copy shall be
given to the purchaser. (Prior code Sec. 3-8.44.)
5.08.120 LICENSE TO BE CARRIED. Such license shall be carried at all times by
each solicitor for whom issued when soliciting in the City and shall be exhibited by any
such solicitor whenever he or she shall be requested to do so by any police officer or any
person being solicited. (Prior code Sec. 3-8.48.)
5.08.130 EXCLUSIONS. This chapter shall not apply to:
1) Insurance salesmen, or salesmen calling on wholesalers or retailers;
2) Persons selling stocks, bonds, and mutual funds, and having a current City
business license;
3) Any farmer, gardener, or other person selling, delivering, or peddling any
fruits, vegetables, berries, butter, eggs, fish, milk poultry, meats, or any farm produce or
edibles caught, raised, produced or manufactured by such person in the state;
4) Daily newspaper carriers, whether subscriptions are taken or not;
5) Any person selling or delivering milk or milk products, or bakery goods,
produced or manufactured in this state, or furnishing to any person laundry and dry
cleaning service;
6) Any member or members of a religious, charitable, health or welfare
political service or youth service organization selling or offering to sell goods or service in
order to raise funds for the work of such organization and for no other purpose;
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7) Persons selling, offering for sale, or taking orders for household goods,
cosmetics and supplies; having a currently established route within the city and who have
a current business license;
8) Representatives of companies offering pesticide and herbicide applications,
provided they have a current business license and a current license from the state of
Washington. (Prior code Sec. 3-8.52.)
5.08.140 LICENSE NOT EXCLUSIVE. License required by this chapter shall be in
addition to any other licenses required by this title, the general law or the ordinances of
the City. (Prior code Sec. 3-8.56.)
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CHAPTER 5.09 RESIDENTIAL SOLICITING
Sections:
5.09.010 TITLE ............................................................................................ 27
5.09.020 DEFINITIONS ................................................................................ 27
5.09.030 SOLICITING RESTRICTED .............................................................. 28
5.09.040 SIGNING ....................................................................................... 28
5.09.050 TIME FOR SOLICITING ................................................................... 28
5.09.060 EXEMPTIONS ................................................................................. 28
5.09.070 NOT EXCLUSIVE METHOD .............................................................. 28
5.09.010 TITLE. Chapter 5.09 of this code shall be entitled "Residential Soliciting."
(Ord. 1974 Sec. 1, 1978.)
5.09.020 DEFINITIONS. Except where the context clearly indicates a different
meaning, the following words as used in this chapter are defined as follows:
A) "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.
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 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.
C) "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.
D) "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
any person who goes upon the premises of another to disseminate direct or anonymous
political speech, or to persuade other 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 any service or other thing for the purposes of
supporting a political cause.
F) "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
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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 or anything for the
purpose of supporting a religion.
G) "Soliciting" means the activity conducted by a solicitor. (Ord. 3569 Sec. 4,
2002; Ord. 1974 Sec. 2, 1974.)
5.09.030 SOLICITING RESTRICTED. Except when a person has the prior consent
of the occupant of a residence, no person conducting soliciting of any type not desired
by the occupant to go or remain upon the premises of another's residence to conduct
soliciting after having been given notice orally or notice by a readily visible sign stating
to the effect that the type of soliciting conducted by the person is not desired. Any
person violating this section shall be guilty of a misdemeanor. (Ord. 1974 Sec. 3, 1974.)
5.09.040 SIGNING.
A) A sign stating "No Soliciting" shall only apply to commercial solicitors. A sign
stating "No Soliciting of Any Kind" shall apply to all types of solicitors as defined in Section
5.09.020.
B) A sign may indicate certain types of soliciting or solicitors not desired. The
use of the words "commercial," "charitable," "religious" or "informational" is sufficient to
describe a solicitor of that type as defined in Section 5.09.020.
C) Any legible sign may be sufficient, but a sign is presumed readily visible when
it contains lettering at least two inches high and one-fourth inch thick over a contrasting
background and, in darkness, is illuminated by a nearby lighting source. (Ord. 1974 Sec.
4, 1974.)
5.09.050 TIME FOR SOLICITING. No soliciting of any type is permitted at
residences between the hours of nine in the evening (p.m.) and nine in the morning
(a.m.), except with the prior consent of the occupant. (Ord. 1974 Sec. 5, 1974.)
5.09.060 EXEMPTIONS. This chapter shall not apply to solicitors for subscriptions
to publications of general news that make deliveries to the residence by its employees or
to individuals who go to a residence for the purpose of singing or playing music and
accepting contributions for the same but make no verbal solicitations. (Ord. 1974 Sec.
6, 1974.)
5.09.070 NOT EXCLUSIVE METHOD. This chapter is not the exclusive method of
regulating, restricting or prohibiting soliciting. (Ord. 1974 Sec. 7, 1974.)
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CHAPTER 5.10A ITINERANT MERCHANTS AND VENDORS
Sections:
5.10A.010 LICENSE REQUIRED ..................................................................... 29
5.10A.020 DEFINITIONS .............................................................................. 29
5.10A.030 EXEMPTIONS ............................................................................... 30
5.10A.040 APPLICATION .............................................................................. 30
5.10A.050 INVESTIGATION AND DETERMINATION ........................................ 31
5.10A.060 FEES ........................................................................................... 31
5.10A.070 EXPIRATION OF LICENSE ............................................................. 31
5.10A.080 EXHIBITION OF LICENSE-TRANSFER ............................................ 31
5.10A.090 HEALTH REGULATION .................................................................. 31
5.10A.100 STATIONARY VENDOR STANDARDS .............................................. 32
5.10A.110 MOBILE VENDOR STANDARDS ..................................................... 32
5.10A.120 REVOCATION OF LICENSE............................................................ 33
5.10A.130 APPEAL ....................................................................................... 34
5.10A.140 PENALTY ..................................................................................... 34
5.10A.010 LICENSE REQUIRED. It shall be unlawful for an itinerant vendor to
engage in business within the City of Pasco except when licensed as a stationary or mobile
vendor as defined in Section 5.10A.020, in compliance with the provisions of this chapter.
A separate license shall be required for each location of any stationary vendor and for
each vehicle or other conveyance engaged by a mobile vendor. (Ord. 2826 Sec. 1, 1991.)
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 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 conducting such
temporary business in connection with, as part of, or in the name of any local dealer,
trader, merchant or auctioneer.
B) "Stationary Vendor," means an itinerant vendor who conducts business
from a vehicle or other conveyance upon privately or publicly owned property, but not on
a public street, sidewalk, alley or public way of the City.
C) "Mobile Vendor," means an itinerant vendor who conducts business from a
vehicle or other conveyance upon public streets, sidewalks, alleys, or other public ways
of the City.
D) "Concessionaire," means a person, firm or corporation operating or
maintaining a concession stand for the sale of food, in the public parks, in the City, or on
other public property, in accordance with an agreement or franchise therefore.
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E) Food shall have its usual and ordinary meaning, and shall include all items
designed for human consumption, including, but not limited to candy, gum, popcorn,
hotdogs, sandwiches, peanuts, soft drinks and dairy products.
F) "Public Celebration," means Independence Day activities or any other kind
of public celebration designated by the City Council such as Memorial Day or Labor Day
and such events as sidewalk sales and street fairs which may be organized by the Pasco
Downtown Development Association, or Chamber of Commerce and officially authorized
by the City Council. (Ord. 3560 Sec. 11, 2002; Ord. 2826 Sec. 1, 1991.)
5.10A.030 EXEMPTIONS. The provisions of this chapter shall not be construed to
apply to the following:
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.
B) Persons selling only trees used for the celebration of the Christmas Season.
(Ord. 2826 Sec. 1, 1991.)
5.10A.040 APPLICATION. Any person, firm, or corporation desiring to secure a
license as a stationary or mobile vendor shall make application to the City, on forms to
be provided by the City. Such application shall provide:
A) The name or names and address of the applicant, vehicle license numbers
of all vehicles from which the applicant proposes to conduct business; description of the
general type of goods, wares, merchandise or food proposed to be sold by the applicant;
the place or places where the applicant proposes to engage in business;
B) Each application shall be accompanied with the license fee as provided for
in this chapter;
C) Each license application for a stationary vendor shall be accompanied with
the following information to establish compliance with Section 5.10A.100 and other
applicable codes:
1) A notarized written authorization from the business owner to conduct
the applicant's business at the place so noted on the application.
2) A statement explaining the method of trash and litter disposal being
proposed by the vendor.
3) 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 building and structures located on the
property noting the use of each building or structure so identified. (Ord.
2826 Sec. 1, 1991.)
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5.10A.050 INVESTIGATION AND DETERMINATION. Upon receipt of such
application, the City Clerk shall cause such investigation of such person or persons
business responsibility to be made as is deemed necessary to the protection of the public
good and shall refer to the application to the Community Development Department for
its determination as to compliance with standards and requirements of this chapter. 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. Any license issued under this chapter shall contain
the number on the license, the date same was issued, the nature of the business
authorized to be carried on, the amount of license fee paid, the expiration date of said
license, the place where said business may be carried on under such license and the
name or names of the person or persons authorized to carry on the same. The City Clerk
shall keep a record of all licenses issued under this chapter and shall promptly provide
the Washington State Department of Revenue a copy of any license issued under this
chapter. (Ord. 2826 Sec. 1, l991.)
5.10A.060 FEES. An initial application fee plus additional fee 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 shall be submitted with all
applications. Following approval of the application a fee 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 shall be submitted with all
applications. Following approval of the application, a fee 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.
3560 Sec. 12, 2002; Ord. 2826 Sec. 1, l991.)
5.10A.070 EXPIRATION OF LICENSE. Any license issued under the provisions of
the chapter shall expire thirty days after the date of issuance thereof unless a prior date
is fixed therein. (Ord. 2826 Sec. 1, 1991.)
5.10A.080 EXHIBITION OF LICENSE-TRANSFER.
A) Any license issued under this chapter shall be posted conspicuously at the
place of business authorized therein.
B) Any license issued under this chapter shall not be transferred to any other
person, firm, corporation or location. (Ord. 2826 Sec. 1, 1991.)
5.10A.090 HEALTH REGULATION. All food vendors shall comply with all laws,
rules and regulations regarding food handling, and all vehicles used for the sale of food
shall comply with all the laws, rules and regulations respecting such vehicles as
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established by the Benton-Franklin Health Department and as set forth in the Pasco
Municipal Code. (Ord. 2826 Sec. 1, 1991.)
5.10A.100 STATIONARY VENDOR STANDARDS. All stationary vendors licensed
under this chapter shall conform to the following standards:
A) No stationary vendor shall be licensed for a location in a Residential Zoning
District or Office District, as defined in Title 25;
B) Stationary vendors shall be licensed only at those sites on which there is a
permanent business operating and licensed under Title 5;
C) No stationary vendor shall locate his or her vehicle, other conveyance, or
temporary stand within twenty feet of any public right-of-way or within twenty feet of
the intersection of any public right-of-way and private driveway;
D) No signs or signage shall be permitted other than that which can be
contained on the vehicle or conveyance utilized to sell food;
E) No vehicle, other conveyance or temporary stand shall be located closer
than twenty feet from any building or structure on the licensed property or adjoining
property;
F) No vehicle, other conveyance or temporary stand shall locate closer than
fifty feet from flammable combustible liquid or gas storage and dispensing structures;
G) All stationary vendors shall place at least one 30 gallon garbage receptacle
upon the site of business for customer use;
H) Licensed stationary vendor sites shall be cleaned of all debris, trash and
litter at the conclusion of daily business activities;
I) All merchandise, goods, wares or food shall only be displayed or offered for
sale from the vendors conveyance;
J) All vehicles, other conveyances or temporary stands shall be equipped with
at least one 2A-40 BC fire extinguisher;
K) No stationary vendor shall be licensed to locate a vehicle, other conveyance,
or temporary stand within 250 feet from another stationary vendor except where vendors
are separated by a public street.;
L) No stationary vendor may be licensed at a location if their vehicle,
conveyance or temporary stand diminishes required off-street parking for the permanent
business licensed on the site. (Ord. 3624 Sec. 1, 2003; Ord. 2826 Sec. 1, 1991.)
5.10A.110 MOBILE VENDOR STANDARDS. All mobile vendors licensed under this
chapter shall conform to the following standards:
A) GEOGRAPHICAL RESTRICTIONS. No mobile vendor shall sell or vend from
his or her vehicle or conveyance:
1) Within four hundred (400) feet of any public or private school
grounds during the hours of regular school session, classes, or school related
events in said public or private school, except when authorized by said school; or
2) Within three hundred (300) feet of the entrance to any business
establishment offering as a main featured item or items similar products for sale
which is open for business; or
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3) Within three hundred (300) feet of any restaurant, cafe, or eating
establishment which is open for business; or
4) Within three hundred (300) feet of any public park of the City where
any City authorized concession stand is located during times other than during the
course of a public celebration except as approved by the Parks and Recreation
Department of the City; or
5) Within three hundred (300) feet of any public park of the City where
any City authorized concession stand is located during the course of a public
celebration when nonprofit organizations are permitted to engage in the sale of
merchandise and food in such park; or
6) Within any one block for more than one (1) hour in any four (4) hour
period. Except this shall not apply in those situations where the mobile vendor is
serving organized and sanctioned community sponsored ball games at public parks
and schools provided there is no City approved concession in the park or at the
school.
B) No mobile vendor shall conduct business so as to violate the traffic and
sidewalk ordinances of the City as now in effect or hereafter amended.
C) No mobile vendor shall obstruct or cause to be obstructed the passage of
any sidewalk, street, avenue, alley or any other public place, by causing people to
congregate at or near the place where food is being sold or offered for sale.
D) No customer shall be served on the street side of the mobile unit. All service
must be on the curb side when the mobile unit is on or abutting a public street.
E) All mobile vendors shall provide garbage receptacles for customer use.
F) No mobile vendor shall locate his or her vehicle or other conveyance in such
a manner as to cause a traffic hazard.
G) At the conclusion of business activities at a given location the mobile vendor
shall clean all the public way surrounding his or her vehicle of all debris, trash and litter
generated by the vendors business activities.
H) All mobile vendors preparing food by cooking, frying or other means shall
be equipped with at least one 2A-40-BC fire extinguisher
I) All mobile vendors shall conclude daily business activities at sunset. (Ord.
2826 Sec. 1, 1991.)
5.10A.120 REVOCATION OF LICENSE. Any license issued pursuant to this chapter
may be revoked, in writing, by the City Manager for any of the following causes:
A) Any fraud, misrepresentation or false statement contained in the application
for license;
B) Any fraud, misrepresentation or false statement made in connection with
the selling of products;
C) Any violation of this chapter;
D) Conviction of the licensee of any felony or of a misdemeanor involving moral
turpitude; or
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E) Conducting the business licensed under this chapter in an unlawful manner
or in such a manner as to constitute a breach of the peace or to constitute a menace to
the health, safety or general welfare of the public. (Ord. 2826 Sec. 1, 1991.)
5.10A.130 APPEAL. 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 fourteen 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 to the appellant at least
five calendar days prior to the date fixed for such hearing. (Ord. 2826 Sec. 1, 1991.)
5.10A.140 PENALTY. Any person, firm or corporation violating any of the
provisions of this chapter shall have committed a code infraction and shall be subject to
the provisions of Chapter 11.02. The first offense shall be subject to a $100 penalty, the
second offense shall be subject to a $500 penalty and the third offense in any two year
period shall cause the vendor to be ineligible for a license under this Chapter for a period
of 90 days. (Ord. 3624 Sec. 2, 2003; Ord. 2826 Sec. 1, 1991.)
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CHAPTER 5.12 PAWNBROKERS AND SECOND-HAND DEALERS
Sections:
5.12.010 DEFINITIONS ................................................................................ 35
5.12.012 LICENSE REQUIRED - FEE .............................................................. 36
5.12.014 FIXED PLACE OF BUSINESS REQUIRED ........................................... 36
5.12.018 CRIMINAL HISTORY CHECK ............................................................ 36
5.12.020 DUTY TO RECORD TRANSACTIONS ................................................ 36
5.12.040 DAILY REPORT TO POLICE ............................................................. 37
5.12.045 DUTIES UPON NOTIFICATION THAT PROPERTY IS REPORTED ........ 37
5.12.050 RETENTION OF PROPERTY BY PAWNBROKERS INSPECTION ........... 38
5.12.055 RETENTION OF PROPERTY BY SECOND-HAND DEALERS -
INSPECTION. ................................................................................................ 38
5.12.060 RATES OF INTEREST AND OTHER FEES- SALE OF PLEDGED ............ 38
5.12.061 PAWNBROKERS - SALE OF PLEDGED PROPERTY LIMITED - WRITTEN
DOCUMENTS REQUIRED FOR TRANSACTIONS. .............................................. 38
5.12.066 PROHIBITED ACTS - PENALTIES ..................................................... 38
5.12.085 CONDITIONAL SALES PRACTICES PROHIBITED ............................... 39
5.12.010 DEFINITIONS. Unless the context clearly requires otherwise, the
definitions in this section apply throughout this chapter.
A) Non-metal junk means any non-metal, commonly discarded item that is worn
out, or has outlasted its usefulness as intended in its original form except non-metal junk
does not include an item made in a former period which has enhanced value because of
its age.
B) Pawnbroker means every person engaged, in whole or in part, in the business
of loaning money on the security of pledges, of personal property, or deposits, or
conditional sales of personal property, or the purchase or sale of personal property.
C) Precious metals means gold, silver, and platinum.
D) Second-hand dealer means every person engaged in whole or in part in the
business of purchasing, selling, trading, consignment selling, or otherwise transferring for
value, second-hand personal property, precious metals, whether or not the person
maintains a fixed place of business within the state. Second-hand dealer also includes
persons or entities conducting business at flea markets or swap meets, more than three
times per year.
E) Second-hand property means any item of personal property offered for sale
which is not new, including metals in any form, except postage stamps, coins that are
legal tender, bullion in the form of fabricated hallmarked bars, used books, and clothing
of a resale value of seventy-five dollars or less, except furs.
F) Transaction means a pledge, or the purchase of, or consignment of, or the trade
of any item of personal property by a pawnbroker or a second-hand dealer from a
member of the general public.
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G) Term of the loan as defined in this chapter shall be set for a period of thirty
days to include the date of the loan. (Ord. 4154, 2014; Ord. 2838 Sec. 1, 1991; prior
code Sec. 3-5.04.)
5.12.012 LICENSE REQUIRED - FEE. The annual license fees for each pawnbroker
and second-hand dealer shall be as set forth in Chapter 3.07 of this code per year, plus
the square footage charges and outside area charges. No person shall do business in the
City as a pawnbroker or second-hand dealer without first obtaining a City license as such
from the Business License Service therefore from the City and paying the above license
fee. (Ord. 3560 Sec. 13, 2002; Ord. 2838 Sec. 1, 1991; Ord. 2223 Sec. 7, 1980; Ord.
1907 Sec. 9, 1977.)
5.12.014 FIXED PLACE OF BUSINESS REQUIRED. No person may operate as a
pawnbroker unless the person maintains a fixed place of business within the City or State
of Washington .6 (Ord. 2838 Sec. 1, 1991.)
5.12.018 CRIMINAL HISTORY CHECK. For each applicant for a license under
this Chapter, the City shall perform a criminal history check in accordance with PMC
5.08.045. (Ord. 4022, 2011).
5.12.020 DUTY TO RECORD TRANSACTIONS. It shall be the duty of every
pawnbroker and second-hand dealer doing business in the City to maintain in his place
of business a book or other permanent record in which shall be legibly written in the
English language, at the time of each transaction, a record thereof containing:
A) The signature of the person with whom the transaction is made;
B) The date of transaction;
C) The name of the person or employee or the identification number of the person
or employee conducting the transaction, as required by the Chief of Police;
D) The name, date of birth, sex, height, weight, race, address and telephone
number, of the person with whom the transaction is made;
E) A complete description of the property pledged, bought, or consigned, including
the brand name, serial number, model number by name, any initials, or engravings, size,
pattern, and color of stone or stones, and in the case of firearms, the caliber, barrel
length, type of action, and whether it is a pistol, rifle, or shotgun;
F) The price paid or the amount loaned;
G) The type and identifying number of identification used by the person with whom
the transaction was made, which shall consist of a valid driver's license or identification
card issued by any state, or two pieces of identification issued by a governmental agency,
one of which shall be description of the person identified. At all times, one piece of current
government issued picture identification will be required.
H) The nature of the transaction, a number identifying the transaction, the store
identification as designated by the Pasco Police Department, or the name and address of
the business and the name of the person or employee, conducting the transaction, and
the location of the property;
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I) The street and house number of the place from which the property bought or
received in pledge was last removed; Such record of all goods received shall at all times
be open to the inspection of the law enforcement officers of the City and Franklin County.
(Ord. 2838 Sec. 1, 1991; prior code Sec. 3-5.08.)
5.12.040 DAILY REPORT TO POLICE.
A) Upon request, every pawnbroker and second-hand dealer doing business in
the state shall furnish a full, true, and correct transcript of the record of all transactions
conducted on the preceding date. These transactions shall be recorded on such forms as
may be provided in such format as may be required by the Chief of Police within a
specified time not less than twenty-four hours. This information may be transmitted to
the Pasco Police Department electronically, by facsimile transmission, or by modem or
similar device, or by delivery of computer disks subject to the requirements of, and
approval by, the Chief of Police.
B) If a pawnbroker or second-hand dealer has good cause to believe that any
property in his or her possession has been previously lost or stolen, the pawnbroker or
second-hand dealer shall promptly report that fact to the Chief of Police, together with
the name of the owner, if known, and the date when, an the name of the person from
whom it was received. (Ord. 2838 Sec. 1, 1991; prior code Sec. 3-5.12.)
5.12.045 DUTIES UPON NOTIFICATION THAT PROPERTY IS REPORTED STOLEN.
Following notification from a law enforcement agency that an item of property has been
reported as stolen, the pawnbroker or second-hand dealer shall hold that property intact
and safe from alteration, damage or commingling. The pawnbroker or second-hand
dealer shall place an identifying tag or other suitable identification upon the property so
held. Property held shall not be released for one hundred twenty days from the date of
police notification unless release by written consent of the Pasco Police Department or by
order of the a court of competent jurisdiction. In cases where the Pasco Police
Department has placed a verbal hold on an item, the Police Department must then give
written notice within ten business days. If such written notice is not received within that
period of time, then the hold order will cease. The pawnbroker or second-hand dealer
shall give a twenty-day written notice before the expiration of the one hundred twenty-
day holding period to the Pasco Police Department about the stolen property. If notice is
not given within twenty days, then the hold on the property shall continue for an
additional one hundred twenty days. The Pasco Police Department may renew the holding
period for additional one hundred twenty-day periods as necessary. After the receipt of
notification from a pawn broker or second-hand dealer, if an additional holding period is
required, the applicable law enforcement agency shall give the pawn broker or second-
hand dealer written notice, prior to the expiration of the existing hold order. The Pasco
Police Department shall not place on hold any item of personal property unless the Pasco
Police Department reasonably suspects that the item of personal property is a lost or
stolen item. Any hold that is placed on an item will be removed as soon as practicable
after the item on hold is determined not to be stolen or lost. (Ord. 2838 Sec. 1, 1991.)
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5.12.050 RETENTION OF PROPERTY BY PAWNBROKERS INSPECTION. Property
bought or received by any pawnbroker shall not be removed from that place of business
except when redeemed by, or returned to the owner, within thirty days after the receipt
of the property. The property shall at all times during the ordinary hours of business by
open to inspection to any commissioned law enforcement officer of the state or any of its
political subdivisions. (Ord. 2838 Sec. 1, 1991; prior code Sec. 3-5.16.)
5.12.055 RETENTION OF PROPERTY BY SECOND-HAND DEALERS - INSPECTION.
A) Property bought or received on consignment by any second-hand dealer with a
permanent place of business in the City shall not be removed from that place of business,
except consigned property returned to the owner, within thirty days after the receipt of
the property. Property shall at all times during the ordinary hours of business be open to
inspections to any commissioned law enforcement officer of the state or any of its political
subdivisions.
B) Property bought or received on consignment by any second-hand dealer without
a permanent place of business within the City, shall be held within the City, except
consigned property returned to the owner, within thirty days after receipt of the property.
The property shall be available within the City for inspection at reasonable times by any
commissioned law enforcement officer of the state or any of its political subdivisions.
(Ord. 2838 Sec. 1, 1991.)
5.12.060 RATES OF INTEREST AND OTHER FEES- SALE OF PLEDGED PROPERTY.
RCW 19.60.060, as amended from time to time, is incorporated herein by this reference
as if specifically set forth. (Ord. 2838 Sec. 1, 1991.)
5.12.061 PAWNBROKERS - SALE OF PLEDGED PROPERTY LIMITED - WRITTEN
DOCUMENTS REQUIRED FOR TRANSACTIONS.
A) 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 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 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.
B) 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. 3560 Sec. 14, 2002; Ord. 2838 Sec. 1, 1991.)
5.12.066 PROHIBITED ACTS - PENALTIES. It is a gross misdemeanor for:
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A) Any person to remove, alter, or obliterate any manufacturer's make, model, or
serial number, personal identification number, or identifying marks engraved or etched
upon an item of personal property that was purchased, consigned, or received in pledge.
In addition an item shall not be accepted or a pledge for second-hand purchase where
the manufacturer's make, model, or serial number, personal identification number, or
identifying marks engraved or etched upon an item of personal property has been
removed, altered, or obliterated;
B) Any person to knowingly make, cause or allow to be made any false entry or
misstatement of any material matter in any book, record, or writing required to be kept
under this chapter;
C) Any pawnbroker or second-hand dealer to receive any property from any person
under the age of eighteen years, any person under the influence of intoxicating liquor or
drugs, or any person known to the pawnbroker or second-hand dealer as having been
convicted of burglary, robbery, theft, or possession of or receiving stolen property within
the past ten years whether the person is acting in his or her own behalf or as the agent
of another; or
D) Any person to violate knowingly any other provision of this chapter. (Ord. 2838
Sec. 1, 1991; Ord. 2515 Sec. 1, 1984; prior code Sec. 3-5.20.)
5.12.085 CONDITIONAL SALES PRACTICES PROHIBITED. A purchase of personal
property shall not be made on the condition of selling it back at a stipulated time and
price greater than the purchase price, for the purpose of avoiding the interest and fee
restrictions of this chapter. (Ord. 2838 Sec. 1, 1991.)
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CHAPTER 5.13 SCRAP METAL BUSINESS LICENSE
Sections:
5.13.010 SCRAP METAL BUSINESS LICENSE REQUIRED - DEFINITIONS - FEES
.................................................................................................................... 40
5.13.020 STATE LICENSE REQUIRED - ADOPTION OF STATUTE BY REFERENCE.
.................................................................................................................... 40
5.13.030 PROHIBITED ACTS - PENALTIES ..................................................... 41
5.13.040 INSPECTION OF LICENSED PREMISES AND RECORDS ..................... 42
5.13.050 ENFORCEMENT .............................................................................. 42
5.13.010 SCRAP METAL BUSINESS LICENSE REQUIRED - DEFINITIONS - FEES.
A) It is unlawful for any person to engage in the scrap metal business, as a
scrap metal processor, scrap metal recycler, or a scrap metal supplier, without having
first obtaining a license from the City, and paying the license fee.
B) Scrap metal business, as defined by this Chapter, shall include:
1) “Scrap metal processor” which means a person or entity that
conducts business from a permanent location within the City, that is engaged in
the business of purchasing or receiving private metal property, nonferrous metal
property, and commercial metal property for the purpose of altering the metal in
preparation for its use as feedstock in the manufacture of new products, and
maintains a hydraulic bailer, shearing device, or shredding device for recycling.
2) “Scrap metal recycler” which means a person or entity that is
engaged in the business of purchasing or receiving private metal property,
nonferrous metal property, and commercial metal property for the purpose of
aggregation and to sale to another scrap business and that maintains a fixed place
of business within the City.
3) “Scrap metal supplier” which means a person or entity that is
engaged in the business of purchasing or receiving private metal property or
nonferrous metal property for the purpose of aggregation and sale to a scrap metal
recycler or scrap metal processor and that does business within the City.
C) The provisions of this Chapter do not apply to transactions involving metal
from the components of vehicles acquired by vehicle wreckers, hulk haulers, or scrap
processors licensed under Chapter 46.79 or 46.80 RCW, and acquired in accordance with
those laws or transactions conducted by the following:
1) Motor vehicle dealers licensed under Chapter 46.70 RCW;
2) Persons or entities in the business of operating an automotive repair
facility as defined under RCW 46.71.011; and
3) Persons or entities in the business of buying or selling empty food
and beverage containers, including metal food and beverage containers.
D) The license fee for each scrap metal business shall be as set forth in Chapter
3.07 of this Code for each year, plus the square foot charges and outside area charges.
5.13.020 STATE LICENSE REQUIRED - ADOPTION OF STATUTE BY REFERENCE.
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A) As a condition of the issuance of a scrap metal business license as provided
in Section 5.13.010 above, the business license applicant shall have applied for, and
received a State scrap metal license.
B) For the purpose of regulating the scrap metal business, the following
statutes and their subsequent amendments and additions thereto, are hereby adopted
by reference:
1) RCW 19.290.010 “Definitions.”
2) RCW 19.290.020 “Private metal property or nonferrous metal
property - Records required.”
3) RCW 19.290.030 “Metal property and metallic wire - requirements
for transaction.”
4) RCW 19.290.040 “Scrap metal businesses - Record of commercial
accounts.”
5) RCW 19.290.050 “Reports to law enforcement - Records exempt
from public disclosure - Private civil liability.”
6) RCW 19.290.060 “Stolen metal property - Preserving evidence.”
5.13.030 PROHIBITED ACTS - PENALTIES. It is a gross misdemeanor for:
A) Any person or entity to engage in the scrap metal business without having
first applied for and received a scrap metal business license under this Chapter and from
the Washington State Department of Licensing or engaging in such business following
the expiration, or revocation of such license.
B) Any person to deliberately remove, alter, or obliterate any manufacturer’s
make, model, or serial number, personal identification number, or identifying marks
engraved or etched upon an item of private metal property, nonferrous metal property,
or commercial metal property in order to deceive a scrap metal business.
C) Any scrap metal business to enter into a transaction to purchase or receive
any private metal property, nonferrous metal property, or commercial metal property
where the manufacturer’s make, model, or serial number, personal identification number,
or identifying marks engraved or etched upon the property have been deliberately and
conspicuously removed, altered, or obliterated.
D) Any person to knowingly make, cause, or allow to be made any false entry
or misstatement of any material matter in any book, record, or writing required to be
kept under this Chapter and Chapter 19.290 RCW.
E) Any scrap metal business to enter into a transaction to purchase or receive
private metal property, nonferrous metal property, or commercial metal property from
any person under the age of eighteen (18) years or any person who is discernibly under
the influence of intoxicating liquor or drugs.
F) Any scrap metal business to enter into a transaction to purchase or receive
private metal property, nonferrous metal property, or commercial metal property with
anyone whom the scrap metal business has been informed by a law enforcement agency
to have been convicted of a crime involving drugs, burglary, robbery, theft, or possession
of or receiving stolen property, manufacturing, delivering, or possessing with intent to
deliver methamphetamine, or possession of ephedrine or any of its salts or isomers or
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salts of isomers, pseudoephedrine or any of its salts or isomers or salts of isomers, or
anhydrous ammonia with intent to manufacture methamphetamine within the past four
years whether the person is acting in his or her own behalf or as the agent of another.
G) Any person to sign the declaration required under RCW 19.290.020 knowing
that the private metal property or nonferrous metal property subject to the transaction is
stolen. The signature of a person on the declaration required under RCW 19.290.020
constitutes evidence of intent to defraud a scrap metal business if that person is found
to have known that the private metal property or nonferrous metal property subject to
the transaction was stolen.
H) Any scrap metal business to possess private metal property or commercial
metal property that was not lawfully purchased or received under the requirements of
this Chapter or Chapter 19.290 RCW.
I) Any scrap metal business to engage in a series of transactions valued at
less than thirty dollars ($30.00) with the same seller for the purposes of avoiding the
requirements of RCW 19.290.030(4).
J) Any person to knowingly make a false or fictitious oral or written statement
or to furnish or exhibit any false, fictitious, or misrepresented identification, with the
intent to deceive a scrap metal business as to the actual seller of the scrap metal.
5.13.040 INSPECTION OF LICENSED PREMISES AND RECORDS. The Police Chief
of the City of Pasco, or his designee, may make periodic inspections of the licensee’s
licensed premises and records provided for in this Chapter and as required by Chapter
19.290 RCW, and furnish a certificate of inspection to the Department of Licensing in
such manner as may be determined by the Department. Licensees are subject to
unannounced periodic inspections as described in this section.
5.13.050 ENFORCEMENT. In addition to those requirements provided in Chapter
5.04 of this Code, including revocation of license, enforcement of this Chapter may include
that authority granted by the following statutes, their amendments, and additions as
follows:
A) RCW 19.290.080 “Civil penalties.”
B) RCW 19.290.220 “Scrap theft alert system.”
C) RCW 19.290.230 “Seizure and forfeiture.”
D) RCW 19.290.250 “No-buy list database program - Scrap metal business to
determine if customer is listed.” (Ord. 4154, 2014.)
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CHAPTER 5.16A CARNIVALS AND CIRCUSES
Sections:
5.16A.010 LICENSE REQUIRED ..................................................................... 43
5.16A.020 DEFINITIONS .............................................................................. 43
5.16A.030 APPLICATION .............................................................................. 43
5.16A.040 INVESTIGATION AND DETERMINATION ........................................ 44
5.16A.050 APPEALS ..................................................................................... 44
5.16A.060 STANDARDS ................................................................................ 44
5.16A.070 LICENSE FEE ............................................................................... 45
5.16A.080 INSURANCE ................................................................................. 45
5.16A.090 PENALTY ..................................................................................... 45
5.16A.010 LICENSE REQUIRED. It shall be unlawful for a carnival, or circus, as
defined in Section 5.16A.020 to engage in business within the City of Pasco without first
having obtained a business license. (Ord. 2850 Sec. 1, 1991.)
5.16A.020 DEFINITIONS. The following terms and definitions shall be used in the
administration of this chapter.
A) "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.
B) "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. (Ord. 2850 Sec. 1, 1991.)
5.16A.030 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.
(1) The number of food vending conveyances, if any, to be utilized in
conjunction with the proposed business activity;
(2) Proof of insurance as required by Section 5.16A.080;
(3) Proof of a valid electrical permit from the Department of Labor and
Industries;
(4) A statement explaining the method of trash and litter disposal being
proposed;
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(5) A notarized written authorization from the owners of the property so
noted on the application;
(6) 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. (Ord.
2850 Sec. 1, 1991.)
5.16A.040 INVESTIGATION AND DETERMINATION. Upon receipt of such
application, the City Clerk shall cause such investigation of such person 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 Department
for determination as to compliance with applicable codes. Criminal history checks shall be
performed in accordance with PMC 5.08.045. 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. (Ord. 4022, 2011; Ord. 2850 Sec. 1, 1991.)
5.16A.050 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 fourteen 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. (Ord.
2850 Sec. 1, 1991.)
5.16A.060 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 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 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;
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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. (Ord. 2850
Sec. 1, 1991.)
5.16A.070 LICENSE FEE. Every circus and carnival shall pay a license fee 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 per Chapter 5.28. 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. 3560 Sec. 15, 2002; Ord. 2850 Sec. 1, 1991.)
5.16A.080 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 completes, 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. (Ord. 2850 Sec. 1, 1991.)
5.16A.090 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 three hundred dollars. (Ord. 3190 Sec. 6, 1996; Ord. 2850 Sec.
1, 1991.)
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CHAPTER 5.20 JUKE BOXES, PINBALL GAMES AND OTHER AMUSEMENT
DEVICES
Sections:
5.20.010 LICENSE REQUIRED ....................................................................... 46
5.20.025 LICENSING GAMBLING GAMES ....................................................... 46
5.20.030 APPLICATION FOR LICENSE - QUALIFICATIONS .............................. 46
5.20.050 LOCATION NEAR SCHOOLS ............................................................ 46
5.20.080 DISPLAY OF LICENSE - REPLACEMENT OF LOST LICENSE ................ 47
5.20.100 LICENSE FEES ............................................................................... 47
5.20.110 LICENSE PERIOD ........................................................................... 47
5.20.115 DISTRIBUTOR'S LIST ..................................................................... 47
5.20.120 OPERATION BY OTHER THAN LICENSED OPERATOR ....................... 47
5.20.130 LICENSES NOT TRANSFERABLE ...................................................... 48
5.20.140 LIABILITY OF OWNER OR OPERATOR OF PREMISES ........................ 48
5.20.150 REVOCATION OF LICENSE ............................................................ 48
5.20.010 LICENSE REQUIRED. It is unlawful for any person, firm or corporation
to own or have in his or its control or possession, or to maintain, operate or permit to be
operated, within the limits of the City, any electrical phonograph, pinball game, ray gun,
shuffle board, pool table, foosball, or any other game, machine, table, device, game of
skill or amusement device, designed to be operated or used for playing music or any type
of game, either upon payment of or insertion of any coin, money or other thing of value
or representative thereof, and which is played or operated primarily for amusement and
entertainment, expressly excluding, however, any machine or device used exclusively
for the vending of merchandise, without first securing and paying the fee for a license
therefor as hereinafter provided. "Peep shows" or "panorama" type machines will be
allowed only in establishments licensed as arcades under Chapter 5.64 of this code. (Ord.
1704 Sec. 1, 1975: prior code Sec. 3-10.04).
5.20.025 LICENSING GAMBLING GAMES. All gambling games, devices and
activities are controlled under Chapter 9.28 of this code, and are expressly excluded from
provisions of this chapter. (Ord. 1704 Sec. 2, 1975: Ord. 1455 Sec. Sec. 2, 3, 1971).
5.20.030 APPLICATION FOR LICENSE - QUALIFICATIONS - LIMITATIONS. The
license shall be obtained from the City Clerk in accordance with the provisions of Section
5.20.010. (Ord. 1704 Sec. 3, 1975: prior code Sec. 3-10.12).
5.20.050 LOCATION NEAR SCHOOLS. No license shall be issued for any device to
be used or operated in any building or place within three hundred feet of the grounds of
any school, during the hours that the school is in session and one-half hour before and
one-half hour after, except that this section shall not be applicable to electrical
phonographs. (Ord. 2789 Sec. 1, 1990; Prior code Sec. 3-10.20.)
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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 amusement devices licensed to be on said premises 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 therefore to the City Clerk and the payment of
a fee in the amount of one dollar. All devices owned by a distributorship, as defined in
Section 5.20.100, shall bear a sticker showing distributor's name and address. (Ord. 3560
Sec. 16, 2002; Ord. 1704 Sec. 4, 1975; Prior code Sec. 3-10.32.)
5.20.100 LICENSE FEES. The license fees to be charged hereunder for
amusement devices as specified under Section 5.20.010, shall be 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 device, 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 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 amusement device, as defined in
Section 5.20.010, on said premises must pay a an annual license fee as set forth in
Chapter 3.07 of this code whether the machine or machines are in place the full year or
any fraction thereof. (Ord. 3560 Sec. 17, 2002; 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.)
5.20.110 LICENSE PERIOD. The license period shall be for an annual period one
year, unless otherwise provided herein beginning January 1st of any year and terminating
December 31st of the same year. (Ord. 1704 Sec. 6, 1975; prior code Sec. 3-10.44.)
5.20.115 DISTRIBUTOR'S LIST. Each distributor at the time of application for a
license fee of each year shall file with the City Clerk a listing by name and street address,
of each business establishment in the City of Pasco where the distributor is furnishing an
amusement device as specified under Section 5.20.010 and specifying the exact number
of amusement devices the distributor has furnished. (Ord. 2351 Sec. 2, 1982.)
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 for in this chapter. (Ord. 3560 Sec. 18,
2002; Ord. 2223 Sec. 10, 1980; prior code Sec. 3-10.48.)
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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. 3560 Sec. 19, 2002; Ord. 1704 Sec. 7, 1975; prior code Sec. 3-10.52.)
5.20.140 LIABILITY OF OWNER OR OPERATOR OF PREMISES. The prohibition
and penalties for maintaining, operating or permitting to operate unlicensed amusement
devices shall include the person, firm or corporation operating or maintaining the place
of business wherein the unlicensed device is located. (Ord. 3560 Sec. 20, 2002; Prior
code Sec. 3-10.56.)
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 amusement devices may be revoked. (Ord. 3560 Sec.
21, 2002; Prior code Sec. 3-10.60.)
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CHAPTER 5.24
Dance Halls and Dances. (Repealed Ord. 3524 Sec. 2, 2001.)
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CHAPTER 5.25 SPECIAL EVENTS AND ENTERTAINMENT
Sections:
5.25.005 FINDING AND PURPOSE ................................................................. 50
5.25.010 PERMIT REQUIRED ........................................................................ 50
5.25.015 EXEMPTION TO PERMIT REQUIREMENTS........................................ 51
5.25.020 DEFINITIONS ................................................................................ 51
5.25.030 APPLICATION ................................................................................ 53
5.25.035 TEMPORARY SPECIAL SALES EVENT ............................................... 54
5.25.040 DANCE HALLS ................................................................................ 54
5.25.050 PUBLIC DANCE .............................................................................. 55
5.25.060 CONCERTS, OUTDOOR MUSIC FESTIVALS AND ATHLETIC OR
COMPETITIVE EVENTS. ................................................................................. 55
5.25.065 OUTDOOR MUSIC FESTIVAL – ADDITIONAL REQUIREMENTS .......... 56
5.25.070 PERMIT FEE .................................................................................. 58
5.25.080 PROCEDURE FOR APPLICATION APPROVAL ..................................... 59
5.25.090 APPEAL ......................................................................................... 59
5.25.100 REVOCATION OF PERMIT ............................................................... 59
5.25.110 CROWD AND TRAFFIC CONTROL .................................................... 60
5.25.115 STREET AND INTERSECTION CLOSURES. ........................................ 61
5.25.005 FINDING AND PURPOSE. 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 Sec. 4,
2001.)
5.25.010 PERMIT REQUIRED. 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 therefore has been secured.
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
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g) Athletic or competitive event
h) Temporary special sales event involving one or more unlicensed City of
Pasco business
i) Dances, concerts and special sales events that involve one or more
unlicensed City of Pasco business held at the Trade Recreation and
Agricultural Center (TRAC). (Ord. 3822, 2007; Ord 3764 Sec. 3, 2006; Ord.
3524 Sec. 4, 2001.)
5.25.015 EXEMPTION TO PERMIT REQUIREMENTS. 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:
a) Events conducted by public or private elementary, secondary and college-
level educational institutions held at educational facilities
b) Events held at the Trade Recreation and Agricultural Center (TRAC) (Please
note: 5.25.010(i) listed above)
c) Private events not open to the public
d) City sponsored events
e) Ongoing events either operating under a City permit or;
f) A business licensed event in a facility designed for the event (i.e., baseball
games at the baseball stadium, soccer matches at the City soccer fields,
softball at the City soft ball complex;
g) Other similar events. (Ord. 3822, 2007).
5.25.020 DEFINITIONS. The following definitions shall apply to this Chapter:
A) "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.
B) “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.
C) “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, 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.
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D) “Demonstration” means a gathering or assembly of fifty (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.
E) "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.
F) “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.
G) “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.
(H) "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 one hundred (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 Section 5.04.160(h), 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 Section 5.04.160(h) 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 Section 5.04.160(h) 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 co-
sponsoring it as a joint activity or open to members of the public.
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The determination of nonprofit status for organizations seeking exemption under
subsections (2) and (3), above shall be consistent with the applicable definitions and
process contained in Chapter 3.02 of this code.
I) “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.
J) “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.
K) “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 ten (10) consecutive calendar
days.
L) “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 Sec. 4, 2006; Ord. 3524 Sec. 4, 2001.)
5.25.030 APPLICATION. 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 thirty (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:
A) 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.
B) 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.
C) 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 utilizing 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.
D) 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.
E) An estimate of the number of participants, spectators, customers or other
persons expected to attend said event for each day it is conducted.
F) 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
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ingress, fire lanes, and such other facilities as may be necessary for the safe
accomplishment of the event.
G) 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 (PMC Chapter 9.61) and stating applicant’s intent to abide
by all applicable provisions thereof.
H) 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 3.02.090
Admissions Tax – Remittance of Tax. (Ord 3764 Sec. 5, 2006; Ord. 3592 Sec. 1, 2002;
Ord. 3524 Sec. 4, 2001.)
5.25.035 TEMPORARY SPECIAL SALES EVENT.
A) In addition to the application stated in Section 5.25.030 above, the applicant
for temporary special sales events shall include:
1) 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.
B) Each permit issued under this Section shall be limited to the number of days
approved for operation of the temporary special sales event by which the permit is issued.
No permit shall be effective for more than ten (10) consecutive calendar days. (Ord.
3524 Sec. 4, 2001.)
5.25.040 DANCE HALLS. In addition to the application as required in Section
5.25.030 above, the applicant for Dance Hall operation shall submit:
A) 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 sixty (60) days
prior to the date of application.
B) 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.
C) A security plan identifying the method and qualification for providing one
(1) security officer for each one hundred (100) persons upon the premises.
D) Description of other food, beverage, or services provided on the premises
with copies of necessary permits and licenses.
E) A statement identifying the individual entity liable for the collection and
payment of the City admission tax.
F) The City shall perform a criminal history check in accordance with PMC
5.08.045 for all applicants seeking a permit under this Chapter. (Ord. 4022, 2011; Ord.
3524, 2001).
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5.25.050 PUBLIC DANCE. Any public dance, other than those conducted on the
premises of a dance hall, and in addition to the application provided in Section 5.25.030
above, shall:
A) 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.
B) A security plan identifying the method and qualification for providing one
(1) security officer for each one hundred (100) persons upon the premises.
C) Description of other licensed food, beverage, or services provided on the
premises.
D) A statement identifying the individual liable for the collection and payment
of the City admission tax.
F) The City shall perform a criminal history check in accordance with PMC
5.08.045 for all applicants seeking a permit under this Chapter. (Ord. 4022, 2011; Ord.
3524 Sec. 4, 2001.)
5.25.060 CONCERTS, OUTDOOR MUSIC FESTIVALS AND ATHLETIC OR
COMPETITIVE EVENTS.
A) In addition to the application required in Section 5.25.030 above, the
applicant for a concert, outdoor music festival, athletic or competitive event shall submit
an Event Facility Plan, which shall include the following:
1) The estimated number of customers, spectators or participants
expected to attend, 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.
2) 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.
3) A plan showing the proposed location and description of the methods
of providing for the following:
a) Security and fire protection.
b) Water supplies and facilities.
c) Food supplies and facilities.
d) Sanitary facilities.
e) Medical facilities and services including emergency medical
personnel and emergency medical transport services available.
f) A feasible plan for parking.
g) Vehicle access and onsite traffic control.
4) Contingent plans for numbers of spectators in excess of the estimate.
5) Provisions for cleanup of the premises and removal of rubbish.
6) Proof of premises and liability insurance in such amount and
coverage as recommended by the City’s insurance provider.
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B) Security plan including, but not limited to the following:
1) The name of the organization providing security including the
number of security officers, consisting of not less than one (1) officer for every
one hundred (100) anticipated persons in attendance. The proposed security
organization must be approved by the Chief of Police.
2) Coordination with the City Police Department.
3) Provisions for control of spectators in excess of the estimated
number of facility capacities and emergency vehicle access.
C) A statement identifying the individual entity liable for the collection and
payment of the City admission tax. (Ord 3764 Sec. 6, 2006; Ord. 3524 Sec. 4, 2001.)
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 or 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.
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 that 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;
f) Lighting;
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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.
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.
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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 Sec. 5, 2002; Ord. 3524 Sec. 4, 2001.)
5.25.070 PERMIT FEE. The application provided under this Chapter shall be
accompanied by the payment of a permit fee 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.
C) Concerts, Athletic and Competitive Events and Festivals.
D) Outdoor Music Festivals.
E) 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 3.07 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.
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(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.
3560 Sec. 22, 2002; Ord. 3524 Sec. 4, 2001.)
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 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 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. 3560 Sec. 23, 2002; Ord. 3524 Sec. 4, 2001.)
5.25.090 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 (5) 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 ten (10) days of the City Manager’s determination. (Ord. 3524 Sec. 4,
2001.)
5.25.100 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
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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
permitee 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 Sec. 4, 2001.)
5.25.110 CROWD AND TRAFFIC CONTROL.
A) 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.
B) 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.
C) 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:
1) The type of event and the estimated attendance;
2) The design and location of the premises;
3) 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;
4) The past record of the private security agency providing crowd and
traffic control for such events; and
5) The physical abilities and training of the police officers or private
security officers assigned to the event.
D) 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
Sec. 4, 2001.)
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5.25.115 STREET AND INTERSECTION CLOSURES.
A) 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:
1) 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.
2) 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 million.
3) 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 twelve (12) hours) pursuant to RCW 47.48.020; or for closures of less
than twelve (12) hours, posting of such notice, posting only as outlined above.
4) 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.
5) Review Fee. A review fee, which shall be in addition to any special
event fee, and as set forth in Chapter 3.07 of this code, shall be required with each
application for closure of a street or intersection. The fee shall be non-refundable,
regardless of whether the application is approved or denied.
B) 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 or 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 section 5.25.090.
C) The committee shall approve an application for a street or intersection
closure which satisfies the requirements set out in subsection A, above; together with
such other requirements as the committee may impose, pursuant to subsection B, unless
it finds one or more of the following conditions, in which case the application shall be
denied:
1) That the closure is likely to unreasonably interfere with vehicle or
pedestrian traffic flow or
2) That the closure is likely to create an unmitigatable danger to
vehicular or pedestrian traffic or
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3) That the closure will cause irrevocable interference with previously
approved and/or scheduled construction, maintenance or other activities or
4) That the closure will seriously inconvenience the general public’s use
of public property, services or facilities or
5) That there are 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
6) That the closure would endanger public safety or health or
7) That the closure would be likely to cause unreasonable damage to
public properties or facilities.
8) 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.)
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CHAPTER 5.26
Adult Entertainment Business Licenses. (Repealed Ord. 3262 Sec. 2, 1997.)
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CHAPTER 5.27 ADULT ENTERTAINMENT FACILITY LICENSES
Sections:
5.27.010 PURPOSE ...................................................................................... 64
5.27.020 SCOPE ........................................................................................... 65
5.27.030 FINDINGS ..................................................................................... 65
5.27.040 DEFINITIONS ................................................................................ 66
5.27.050 NUISANCES ................................................................................... 70
5.27.060 ACTIVITIES NOT PROHIBITED ....................................................... 71
5.27.070 APPLICATION OF OTHER PROVISIONS ........................................... 71
5.27.080 LICENSE REQUIRED - ADULT ENTERTAINMENT FACILITY ................ 71
5.27.090 LICENSE REQUIRED-MANAGER, WAITPERSON AND ENTERTAINER. . 72
5.27.100 LICENSE-UNLAWFUL TO ADVERTISE WITHOUT LICENSE ................. 72
5.27.110 LICENSE-FEES AND REQUIREMENTS............................................... 72
5.27.120 LICENSE-TERM .............................................................................. 73
5.27.130 LICENSE-PROCEDURE FOR RENEWING ........................................... 73
5.27.140 APPLICATION FOR LICENSE OF AN ADULT ENTERTAINMENT
FACILITY. ..................................................................................................... 73
5.27.150 APPLICATION FOR LICENSE - MANAGER, WAITPERSON OR
ENTERTAINER. ............................................................................................. 74
5.27.160 APPLICANT INVESTIGATION - ADULT ENTERTAINMENT FACILITY. .. 75
5.27.170 APPLICANT INVESTIGATION - MANAGER, WAIT PERSON AND ......... 76
5.27.180 APPLICATION - APPROVAL OR DENIAL - NOTICE ............................ 76
5.27.190 SUSPENSION OF LICENSE .............................................................. 78
5.27.200 REVOCATION OF LICENSE.............................................................. 78
5.27.210 PROCEDURE FOR APPEALING A LICENSE DENIAL OR REVOCATION. 79
5.27.220 INSPECTIONS AND PUBLIC HEALTH AND SAFETY SUSPENSIONS. .... 79
5.27.230 RECORD KEEPING REQUIREMENTS AND MONTHLY REPORTS. ......... 79
5.27.240 REGULATIONS APPLICABLE TO ALL ADULT ..................................... 79
5.27.250 REGULATIONS SPECIFICALLY APPLICABLE TO ADULT CABARETS..... 80
5.27.260 REGULATIONS SPECIFICALLY APPLICABLE TO ADULT ARCADES. ..... 82
5.27.270 PENALTIES .................................................................................... 83
5.27.010 PURPOSE. It is the intended purpose of this chapter to recognize the
importance and benefits of freedom of expression to a democratic society. Experience
has shown, however, that adult entertainment facilities, as defined herein, are
detrimental to the public health, safety and welfare. Adult entertainment facilities are
historically linked with organized crime, prostitution, narcotics, and other unlawful and
criminal activity. These activities often lead to the development of public nuisances,
including moral nuisances. Therefore, the licensing and operation of adult entertainment
facilities should be regulated and monitored through the system of licensing and
operating regulations contained in this chapter. (Ord. 3262 Sec. 3, 1997.)
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5.27.020 SCOPE. This chapter governs the licensing and operation of all adult
entertainment facilities within the City. The location and siting of adult entertainment
facilities is governed by the zoning regulations contained in Title 25 of the Pasco Municipal
Code. All adult entertainment facilities shall satisfy the requirements of both this chapter
and Title 25 of the Pasco Municipal Code. (Ord. 3262 Sec. 3, 1997.)
5.27.030 FINDINGS. Based on the record before the Planning Commission and
City Council, the City Council finds that with respect to adult entertainment facilities:
A) The City Council may rely on the experiences and studies of other cities,
counties and organizations in assessing the need for establishing regulations applicable
to adult entertainment facilities.
B) Many cities, counties and organizations have documented the following
non-exhaustive list of secondary land use impacts associated with adult entertainment
uses and facilities;
1) Impacts related to crime:
a) Higher incidents of prostitution and lewd acts;
b) Increases in crimes against the person such as rape, indecent
liberties and exploitation of minors;
c) Increase in drug usage and sale of controlled substances;
d) Increases in property crimes such as theft and robberies;
e) Increased demand for police resources, thereby reducing
police services to other areas of the City.
2) Impacts related to property value:
a) Adult entertainment facilities have a negative impact on
property values especially residential values
b) Adult entertainment facilities can adversely impact business
investment in a neighborhood;
c) Adult entertainment facilities cause “blight” and are
responsible for the creation of a skid-row effect;
3) Impacts related to the quality of life/neighborhood degradation:
a) The City’s image can be marred by the location of adult
entertainment facilities in it. This then impacts other aspects of the
community;
b) Residents or shoppers in the City will move or shop elsewhere
if adult entertainment facilities are permitted to locate in close proximity to
residential uses, churches, parks, schools and other public facilities
c) Adult entertainment facilities attract transients, increase crime
and devalue property;
d) Patrons of adult entertainment facilities are less likely to
uphold or respect community standards;
e) Effects of blighting from adult entertainment facilities are
experienced by both residential and business neighborhoods;
f) Location of adult entertainment facilities reduces retail trade
to adjoining commercial uses reducing tax revenues to the City;
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g) Adult entertainment facilities operate late at night creating
late night impacts of traffic and noise that are incompatible with residential
uses;
h) The location of adult entertainment facilities within walking
distance of churches or other religious facilities have adverse effects upon
the ministry of such facilities and will discourage attendance at such
churches.
4) Impacts Related To Children:
a) Exposure and visibility of adult entertainment facilities to
school-age children is detrimental to the quality of residential life;
b) Adult entertainment facilities adversely affect the orientation
of a neighborhood;
c) Exposure to adult entertainment facilities often create
conflicts with the moral and ethical standards parents desire to instill in
children;
d) The location of adult entertainment facilities on main
commercial thoroughfares of the City gives an impression of legitimacy to,
and causes a loss of sensitivity to the adverse effects of pornography upon
children, established family relations, respect for marital relationship and
the concept of non-aggressive consensual sexual relations.
5) Additional Adverse Secondary Impacts:
a) Adult entertainment facilities can have a negative impact on
public health due to the danger of sexually transmitted diseases;
b) Adult entertainment facilities in close proximity to residential
uses, churches, parks, schools and other public facilities will cause a
degradation of the community standard of morality, because pornographic
material has a degrading effect upon the relationship between spouses;
c) Adult entertainment facilities are inconsistent uses in or near
residential neighborhoods because of the negative impacts of increased
crime, lowered property values, exposure to children, and the degrading
and blighting influence on a neighborhood which lowers the quality of life
for residents. (Ord. 3262 Sec. 3, 1997.)
5.27.040 DEFINITIONS. Except as otherwise expressly declared or clearly
apparent from the context in which used, the following definitions shall be applied to this
chapter.
A) “Adult arcade” means a commercial establishment containing individual
viewing areas or booths, where for any form of consideration, including a membership
fee, one or more still or motion picture projectors, slide projectors, or other similar image
producing machines are used to show films, motion pictures, video cassettes, slides, or
other visual or sensory representations that are distinguished or characterized by a
predominant emphasis on matters depicting, describing, or simulating any specified
sexual activities or any specified anatomical areas.
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B) “Adult cabaret” means a nightclub, bar, restaurant, tavern, or similar
commercial establishment, whether or not alcoholic beverages are served, that regularly
features adult entertainment.
C) “Adult entertainment” means:
1) Any exhibition, performance or dance conducted in an adult
entertainment facility where such exhibition, performance or dance is distinguished
or characterized by a predominant emphasis on matters depicting, describing, or
simulating any specified sexual activities or any specified anatomical areas; or
2) Any exhibition, performance, or dance intended to sexually stimulate
any patron and any conduct in an adult entertainment facility where such
exhibition, performance or dance is performed for, arranged with, or engaged in
with fewer than all patrons in the adult entertainment facility at that time, with
separate consideration paid, either directly or indirectly, for such performance,
exhibition or dance. For purposes of example and not limitation, such exhibitions,
performances, or dances are commonly referred as table dancing, couch dancing,
taxi dancing, lap dancing, private dancing, or straddle dancing.
3) Any exhibition, performance, display, dance, presentation, or dance of
any type conducted in an adult entertainment facility and involving a person who
is unclothed or in such attire, costume, or clothing as to expose to view any
specified anatomical area, or who touches, caresses or fondles any specified
anatomical area of themselves or other persons, or permits touching, caressing or
fondling of any of their own specified anatomical areas.
D) “Adult entertainment facility business license” means a license issued by the
City Clerk under this chapter to the owner or operator of an adult entertainment facility.
E) “Adult entertainment facility” means a commercial establishment defined
herein as an adult arcade, adult cabaret, adult motel, adult motion picture theater, adult
retail establishment, adult nude photography shop, body painting shop, or other adult
entertainment facility.
F) “Adult motel” means a hotel, motel, or similar commercial establishment
which:
1) Offers sleeping accommodations to the public for any form of
consideration and provides patrons with closed-circuit television transmissions,
films, motion pictures, video cassettes, slides, or other visual or sensory
representations that are distinguished or characterized by a predominant emphasis
on matters depicting, describing, or simulating any specified sexual activities or
any specified anatomical areas, and that has a sign visible from a public right-of-
way that advertises the availability of such sexually-oriented materials; or
2) Offers a sleeping room for rent for a period of time that is less than
ten (10) hours; or
C) Allows a tenant or occupant of a sleeping room to sub-rent the room
for a period of time that is less than ten (10) hours.
G) "Adult mini motion picture theater" means a commercial establishment with
a capacity for less than fifty persons, where for any form of consideration motion pictures,
films, video cassettes, slides or similar visual or sensory representations are shown that
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are distinguished or characterized by an emphasis on matters depicting, describing or
relating to "specified sexual activities" or "specified anatomical areas".
H) “Adult motion picture theater” means a commercial establishment or drive-
in theater, where, for any form of consideration, motion pictures, films, video cassettes,
slides, or other similar visual or sensory representations are regularly shown that are
distinguished or characterized by a predominant emphasis on matters depicting,
describing, or simulating any specified sexual activities or any specified anatomical areas.
I) "Adult nude photography shop" means a commercial establishment used
for the business of allowing customers to photograph any "specified anatomical areas" of
a person or persons, or for the customer to be so photographed with or without other
persons.
J) “Adult retail establishment” means a commercial establishment such as a
bookstore, video store, or novelty shop in which any one or more of the following
constitute more than 20% of the establishment’s stock-in-trade, for sale or rent, for any
form of consideration:
1) Books, magazines, periodicals or other printed materials, or
photographs, films, motion pictures, video cassettes, slides, or other visual or
sensory representations that are distinguished or characterized by a predominant
emphasis on matters depicting, describing, or simulating any specified sexual
activities or any specified anatomical areas; or
2) Instruments, devices, or paraphernalia designed for use in
connection with any specified sexual activities.
K) “Applicant” means a person or persons applying for a license under this
chapter.
L) “City” means the City of Pasco, Washington
M) “Body painting shop” means a commercial establishment used for the
business of allowing customers to paint the body of a person or persons, or to allow the
customer’s body to be painted.
N) “Business day” means the normal business hours of the adult business
within a twenty-four hour period.
O) “Business establishment” means any business that excludes any person by
virtue of age from all or any part of the premises and which engages in adult
entertainment business on any portion of the premises.
P) “Employee” means any and all persons, including managers, waitperson’s,
entertainers and independent contractors, who work for or work at or render any services
directly related to the operation of an adult entertainment business, whether or not such
person is paid compensation by the owner or operator of the adult entertainment facility.
Q) “Entertainer” means any person who provides live adult entertainment in
an adult entertainment facility during which the person exposes any specified anatomical
areas or performs any specified sexual activities, whether or not the person is an
employee of the adult entertainment facility, and whether or not a fee is charged or
accepted for such entertainment.
R) “Entertainer’s license” means a license issued by the City Clerk under this
chapter to an entertainer in an adult entertainment facility.
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S) “Licensee” means a person or persons in whose name a license to operate
an adult entertainment facility has been issued under this chapter, as well as the
individual listed as an applicant on the application for a license, and in the case of a
manager, assistant manager or entertainer, a person in whose name a license has been
issued authorizing employment or entertainment in an adult entertainment facility,
T) “Manager” means any person who manages, directs, or administers the
affairs or conduct of a portion of the activity within an adult entertainment facility,
including assistant managers working with or under the direction of a manager to carry
out such purposes.
U) “Manager’s license” means a license issued by the City Clerk under this
chapter to a manager or assistant manager of an adult entertainment facility.
V) “Nude” means the appearance of less than complete and opaque covering
of the human anus, human male genitals, human female genitals, or the areola or nipple
of the human female breast. The opaque covering shall be made of material or fabric
but shall not include any liquid substance, including mud, water, lotion, whipping cream,
or other similar substances that are easily broken down or removed and do not offer the
covering intended for an opaque covering.
W) “Other adult entertainment facility” means any commercial establishment
not defined herein where adult entertainment or sexually oriented materials is regularly
conducted, displayed, or available in any form, for any type of consideration and which
represents more than 20% of the businesses’ stock-in trade. Provided, however, that a
public library and a school, university, or similar educational or scientific facility shall not
be considered an adult entertainment facility. In addition, a commercial establishment
that offers access to telecommunications networks as its principal business purpose shall
not be considered an adult entertainment facility unless the access is provided for the
primary purpose of displaying or presenting materials or visual or sensory images that
are distinguished or characterized by a predominant emphasis on matters depicting,
describing, or simulating any specified sexual activities or any specified anatomical areas.
X) “Owner-Operator” means any person operating, conducting or maintaining
an adult entertainment facility.
Y) “Person” means any individual, partnership, corporation, trust, incorporated
or unincorporated association, marital community, joint venture, governmental entity, or
other entity or group of persons however organized.
Z) “Public place” means any area generally visible or open to the general public
and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots,
and automobiles whether moving or stationary.
AA) “Sexually-oriented materials” means any books, magazines, periodicals or
other printed materials, or any photographs, films, motion pictures, video cassettes,
slides, or other visual or sensory representations that are distinguished or characterized
by a predominant emphasis on matters depicting, describing, or simulating any specified
sexual activities or any specified anatomical areas. The term “sexually oriented materials”
includes any instruments, devices, or paraphernalia designed for use in connection with
any specified sexual activities.
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BB) “Significant interest” means principal responsibility for management or
operation of an adult entertainment facility.
CC) “Specified anatomical areas” means and includes any of the following:
1) The human male genitals in a discernibly turgid state, even if
completely and opaquely covered; or
2) Less than completely and opaquely covered human genitals, pubic
region, anus, buttocks, or female breast below the top of the areola.
DD) “Specified criminal offense” means an offense for prostitution or promotion
of prostitution, sale or distribution of obscenity, sale or display of materials harmful to
minors, public lewdness, indecent exposure, or transactions involving controlled
substances (as that term is defined in Chapter 69.50. RCW) for which:
1) Less than two years have elapsed since the date of conviction or the
date of release from confinement imposed for the conviction, whichever is later, if
the conviction is of a misdemeanor offense; or
2) Less than five years have elapsed since the date of conviction or the
date of release from confinement imposed for the conviction, whichever is later, if
the conviction is of a felony offense; or
3) Less than five years have elapsed since the date of conviction of the
date of release from confinement imposed for the last conviction, whichever is
later, if the convictions are of two or more misdemeanor offense occurring within
a twenty-four month period.
EE) “Specified sexual activities” means and includes any of the following:
1) Act of human masturbation, actual or simulated;
2) Sex acts, normal or perverted, actual or simulated, including sexual
intercourse, oral copulation, or sodomy;
3) Caressing, fondling, or other erotic touching of human genitals, pubic
region, anus, buttocks, or female breast;
4) Human genitals in a state of sexual stimulation or arousal; or
5) Excretory functions as part of, or in connection with, any of the
sexual activities specified in this definition.
FF) “Stock-in-Trade” means all books, magazines, posters, pictures, periodicals,
other printed material, items, products, equipment, pre-recorded video tapes, discs or
other similar materials readily available for purchase, rental, viewing or use by patrons of
the establishment excluding material located in any storeroom or other portion of the
premises not regularly open to patrons.
GG) “Viewing Booth” means the area where a patron or customer would be
positioned while watching a film, motion picture, video, photographic reproduction, or
other visual or sensory representations or reproductions.
HH) “Waitperson” means any person who on occasion greets or waits on persons
or serves food or drink within an adult entertainment business. (Ord. 3262 Sec. 3, 1997.)
5.27.050 NUISANCES.
A) Moral Nuisance. Any adult entertainment facility operated, conducted, or
maintained contrary to the provisions of Chapter 7.48A RCW shall be deemed a moral
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nuisance, and all remedies given by law for the prevention and abatement of moral
nuisances shall apply regardless of any other remedy.
B) Public Nuisance. Any adult entertainment facility operated, conducted, or
maintained in violation of this chapter or any law of the City of Pasco shall be deemed a
public nuisance, and all remedies given by law for the prevention and abatement of public
nuisances shall apply regardless of any other remedy. (Ord. 3262 Sec. 3, 1997.)
5.27.060 ACTIVITIES NOT PROHIBITED.
A) This chapter shall not be construed to restrict or prohibit the following
activities or products:
1) plays, operas, musicals or other dramatic works that are not obscene;
2) classes, seminars, or lectures conducted for a serious scientific or
educational purpose that are not obscene;
3) exhibitions, performances, expressions or dances that are not obscene;
and
4) breast feeding of infant children.
B) These exemptions shall not apply to the specified sexual activities defined
in PMC 5.27.040 (32) or the sexual conduct described in RCW 7.48.010(2) (b) (ii) and
(iii).
C) Whether or not activity is obscene shall be judged by consideration of the
following factors:
1) Whether the average person, applying contemporary community
standards, would find that the activity taken as a whole appeals to the prurient
interest in sex; and
2) Whether the activity depicts or describes in a patently offensive way,
as measured against community standards, sexual conduct as described in
RCW7.48A. 010 (2) (b); and
3) Whether the activity taken as a whole lacks serious literary, artistic,
political or scientific value. (Ord. 3262 Sec. 3, 1997.)
5.27.070 APPLICATION OF OTHER PROVISIONS. The licenses required by this
chapter are subject to the general provisions of the Pasco Municipal Code set forth in
Chapter 5.04 License Generally, as now or hereafter amended. In the event of a conflict
between the provisions of Chapter 5.04 and this chapter in their application to an adult
entertainment facility, the provisions of this chapter shall control. (Ord. 3262 Sec. 3,
1997.)
5.27.080 LICENSE REQUIRED - ADULT ENTERTAINMENT FACILITY.
A) It shall be unlawful for any person to operate or maintain an adult
entertainment facility in the City unless the owner or operator thereof has obtained from
the City Manager a license to do so. Such license shall be designated an “adult
entertainment facility business license” and shall be issued on an annual basis. This
license is not intended to be exclusive of other applicable licenses, and the general City
business license requirements of Chapter 5.04
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B) It is unlawful for any entertainer, waitperson, employee or manager,
knowingly to perform any service or entertainment directly related to the operation of an
unlicensed adult entertainment facility.
C) It is unlawful for any owner, operator, manager, or employee of a licensed
adult entertainment facility, knowingly to permit any violation of this chapter. (Ord. 3262
Sec. 3, 1997.)
5.27.090 LICENSE REQUIRED-MANAGER, WAITPERSON AND
ENTERTAINER.
A) It shall be unlawful for any person on any occasion to work or perform as
an entertainer, waitperson or manager at an adult entertainment facility without having
first obtained from the City Manager a license to do so. Such license shall be designated
an “adult entertainer’s license,” an “adult waitperson’s license,” or an “adult business
manager’s license,” respectively, and shall be issued on an annual basis.
B) A person performing the function of entertainer, waitperson or manager
shall have a separate license for each function. (Ord. 3262 Sec. 3, 1997.)
5.27.100 LICENSE-UNLAWFUL TO ADVERTISE WITHOUT LICENSE. It is unlawful
to advertise the services of any adult entertainment facility or adult entertainer that is
not licensed according to the provisions of this chapter. (Ord. 3262 Sec. 3, 1997.)
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 set forth in Chapter 3.07 of this code for the following categories:
Adult Entertainment Facility Business License
Adult Entertainer’s License
Adult Waitperson’s License
Adult Business Manager’s License
B) All persons required to obtain or renew licenses under this chapter shall
obtain or renew the same and pay all fees required on or before December 31 of the
prior license year annually upon the expiration of the current license. Any person who
fails to obtain or renew and pay the license fees by its expiration date December 31 of
the prior license year shall, in addition to any other penalties provide in this chapter or
the Pasco Municipal Code, be assessed an amount equal to fifty percent (50%) of the
license fee for such year as a penalty for such late application or payment; PROVIDED
that this penalty shall not apply to an application submitted by any person who was not
previously licensed under this chapter.
C) No license shall be issued or renewed except upon written application made
to the City Manager in accordance with this chapter. All applications for a business license
shall be accompanied with a nonrefundable application fee in an amount equal to the
license fee for the license sought. If the license is granted, the application fee shall be
credited to payment of the first annual license fee.
D) If the applicant is a partnership, the application must be made and signed
by one of the general partners; if a corporation, by one of the officers thereof. In
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addition, if the applicant is a non-Washington (i.e., foreign) corporation, partnership, or
non-resident individual, it shall be signed by the resident agent or local manager of the
foreign corporation, partnership or individual.
E) Neither the filing of an original or renewal application for license, nor the
payment of any application or renewal fee, shall authorize a person to engage in or
conduct an adult business until such license has been granted or renewed. (Ord. 3560
Sec. 24, 2002; Ord. 3262 Sec. 3, 1997.)
5.27.120 LICENSE-TERM. All licenses issued pursuant to this chapter shall be
valid until December 31 of the year for which they are for one year from the date of
issued, and all renewals thereafter shall be for a period of one calendar year commencing
January 1 of the year for which the license is issued and expiring December 31 of the
same year. (Ord. 3262 Sec. 3, 1997.)
5.27.130 LICENSE-PROCEDURE FOR RENEWING. All licenses to be issued
pursuant to this chapter shall be renewed by following the same procedure as required
for an original application. (Ord. 3262 Sec. 3, 1997.)
5.27.140 APPLICATION FOR LICENSE OF AN ADULT ENTERTAINMENT
FACILITY.
A) All applications for an adult entertainment facility business license shall be
submitted in the name of the person(s) proposing to own and/or operate such adult
entertainment facility, signed by the person(s) specified in Section 5.27.110 (D), and
notarized or certified as true under penalty of perjury. All applications shall be submitted
on forms supplied by the City Manager, and shall contain the following information:
1) The name, residence address, residence telephone number, date
and place of birth, and social security or tax identification number of each
applicant.
2) The business name, street and mailing address, telephone number
and legal description of the adult entertainment facility premises.
3) The names, residence addresses, residence telephone numbers,
social security numbers and dates of birth of all general partners, corporate officers
and directors of the applicant(s).
4) Addresses of the applicant, and the general partners, corporate
officers and directors of the applicant(s), for the five (5) year immediately prior to
the date of application.
5) A detailed description and operational plan of the adult
entertainment facility proposed to be conducted by the applicant(s), including but
not limited to hours of operation, location, names and addresses of managers,
interior furnishings and layout of stage(s), drawn to scale and number and type of
employees.
6) A description of the adult entertainment facility history of the
applicant(s), including the issuing jurisdiction and identification number of any
prior adult entertainment business license, including whether, in previously
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operating an adult entertainment facility whether, as a partner in a partnership, or
an officer, director, or principal stockholder of a corporation in this or another city,
county or state, such person has had an adult entertainment facility business
license revoked or suspended, the reason therefore, and the activity or occupation
subjected to such action, suspended or revocation.
7) A description of the business, occupation, or employment of the
applicant(s), and the general partners, corporate officers and directors of the
applicant, for the three (3) years immediately preceding the date of application.
8) Two (2) two-inch by two-inch color photographs of the applicant,
taken within six (6) months of the date of the application, showing the full face of
the applicant. The photographs shall be provided at the expense of the applicant.
9) A complete set of fingerprints of the applicant, taken by a designated
City official, on a form adopted and approved by the City of Pasco Police
Department.
10) Copies of any ownership documents, sale or purchase documents, or
lease documents, pertaining to the proposed adult entertainment facility sufficient
to allow the City to identify everyone with a property interest in the premises.
11) A statement whether the applicant has been convicted of a specified
criminal offense, and if so, the date, place, and jurisdiction of each specified
criminal offense.
12) If any person or entity acquires, subsequent to the issuance of an
adult entertainment business license, a significant interest in the licensed adult
entertainment facility, notice of such acquisition shall be provided in writing to the
City Manager within twenty-one (21) calendar days following such acquisition and
the person acquiring the interest shall submit a complete application to the City
Manager pursuant to PMC 5.27.140 within forty-five (45) calendar days of
acquiring such interest.
13) Authorization for the City, its agents and employees, to seek any
other relevant information or to confirm any statements set forth in the application.
14) An application that does not provide all of the information or
documents required by this section is incomplete and shall not be processed until
all required information is provided. (Ord. 3262 Sec. 3, 1997.)
5.27.150 APPLICATION FOR LICENSE - MANAGER, WAITPERSON OR
ENTERTAINER.
A) All applications for an adult entertainment facility manager’s license, adult
waitperson’s license, or adult entertainer’s license shall be signed by the applicant and
notarized as true under penalty of perjury. All applications shall be submitted to forms
supplied by the City Manager, and shall contain the following information:
1) The applicant’s name, residence address, residence telephone
number, date and place of birth, social security number and any stage names,
nicknames or aliases used.
2) The name and address of each adult entertainment facility which the
applicant intends to work as a manager, waitperson, or entertainer, and the issuing
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jurisdiction and identification number of all other similar licenses held by the
applicant within the three (3) years immediately preceding.
3) Documentation verifying that the applicant has attained the age of
eighteen (18) years. A copy of a birth certificate along with any one of the
following shall be accepted as documentation of age:
a) A valid identification card issued by any state bearing the
applicant’s photograph and date of birth.
b) A valid official passport issued by the United States of
America.
c) A valid immigration card issued by the United States of
America.
d) Any other valid picture identification bearing the applicant’s
date of birth issued by a state or federal governmental entity.
4) Two (2) two-inch by two-inch color photographs of the applicant,
taken within six (6) months of the date of the application, showing only the full
face of the applicant. The photographs shall be provided at the applicant’s
expense. The license, when issued, shall have affixed to it one such photograph
of the applicant.
5) A complete set of fingerprints of the applicant, taken by a designated
City official, on a form adopted and approved by the City of Pasco Police
Department.
6) A statement whether the applicant has been convicted of a specified
criminal offense, and if so, the date, place, and jurisdiction of each specified
criminal offense.
7) A statement whether the applicant holds any license issued under
this chapter or under a similar ordinance from another city or county, and if so,
the operating names and locations of the at which the applicant is licensed.
8) A statement whether the applicant has had a previous license issued
under this chapter denied, suspended, or revoked, and if so, the name and location
of the adult entertainment facility for which the license was denied, suspended, or
revoked, as well as the date of the denial, suspension, or revocation.
9) Authorization for the City, its agents, and employees to seek any
other relevant information to confirm any statements or information set forth in
the application.
10) Applicants for a waitperson’s license shall submit a legible photocopy
of a valid food and beverage service worker’s permit, prescribed by the
Washington State Board of Health, issued pursuant to Chapter 69.06 RCW, if
otherwise required.
11) An application that does not provide all of the information or
documents required by this section is incomplete and shall not be processed until
all required information is provided. (Ord. 3262 Sec. 3, 1997.)
5.27.160 APPLICANT INVESTIGATION - ADULT ENTERTAINMENT
FACILITY.
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A) Upon filing of an application for an adult entertainment facility business
license, the City Manager shall forward copies of the application for review by the Police
Chief, the City Planner, and Building Inspector; and
1) Within thirty (30) days of the date of the application for an adult
entertainment facility business license, the Police Chief shall investigate the
statements set forth in the application and report to the City Manager whether the
information received by the Police Chief confirms the information in the application.
2) Within thirty (30) days of the date of an application for an adult
entertainment facility business license, the City Planner shall inspect the proposed
premises of the adult entertainment facility and report to the City Manager whether
the location of the proposed adult entertainment facility complies with the zoning
regulations of the Pasco Municipal Code.
3) Within thirty (30) days of the date of the application for an adult
entertainment facility business license, the Building Inspector shall inspect the
proposed premises of the adult entertainment facility and report to the City
Manager whether the premises complies with the fire, safety and building code
regulations of the Pasco Municipal Code.
4) Within thirty (30) days of the date of the application for an adult
entertainment facility business license, the City Planner and Building Inspector
shall inspect the interior layout, lighting, signage, and other features of the
premises and report to the City Manager whether the premises complies with the
provisions of this Chapter.
B) The City shall perform a criminal history check in accordance with PMC
5.08.045 for all applicants seeking a license under this Chapter. (Ord. 4022, 2011; Ord.
3262 Sec. 3, 1997).
5.27.170 APPLICANT INVESTIGATION - MANAGER, WAIT PERSON AND
ENTERTAINER. Upon filing of an application for an adult entertainer’s license, adult
waitperson’s license or adult entertainment facility manager’s license, the City Manager
shall forward copies of the application to the Police Chief. Within three (3) working days
of the date of the application, the Police Chief shall investigate the statements set forth
in the application and report to the City Manager whether the information received by
the Police Chief confirms the information in the application. Additionally, the City shall
perform a criminal history check in accordance with PMC 5.08.045 for all applicants
seeking a license under this Chapter. (Ord. 4022, 2011; Ord. 3262 Sec. 3, 1997.)
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
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requirements and meets the standards of the 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
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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 Manager’s or his designee’s 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 pursuant to the general appeal period as set forth in
Chapter 1.01 of this Code. (Ord. 3877, 2008; Ord. 3560 Sec. 25, 2002; Ord. 3262 Sec.
3, 1997.)
5.27.190 SUSPENSION OF LICENSE. The City Manager shall suspend a license
for a period of not to exceed thirty (30) calendar days if the Manager determines that:
A) The licensee has refused to allow an inspection of the adult entertainment
facility as required by PMC 5.27.210; or
B) The licenses has not submitted a timely monthly report as required by PMC
5.27.220; or
C) The licensee has been convicted of a specified criminal offense, as defined
in PMC 5.27.040(EE), committed on the premises of the adult entertainment facility for
which he or she is licensed; or
D) The licensee has violated any applicable requirement of this chapter. (Ord.
3262 Sec. 3, 1997.)
5.27.200 REVOCATION OF LICENSE.
A) The City Manager shall revoke a license if:
1) A licensee has given false information in the material submitted
during the application process; or
2) A licensee has knowingly operated an adult entertainment facility
during a period of time when the adult entertainment business license of the adult
entertainment facility was suspended; or
3) A licensee has knowingly acted as a manager of an adult
entertainment facility during a period of time when the licensee’s manager’s license
was suspended; or
4) A licensee has knowingly acted as an entertainer at an adult
entertainment facility during a period of time when the licensee’s entertainer’s
license was suspended; or
B) In the event the City Manager revokes a license, the revocation shall
continue for one year, and the licensee shall not be issued an adult entertainment facility
business license, manager’s license, wait person, or entertainer’s license for one year
from the date the revocation becomes effective. If, after revocation, the City Manager
finds that the basis for the revocation has been corrected or abated, the applicant may
be granted a license if at least ninety (90) calendar days have elapsed since the date of
revocation became effective.
C) If a licensee submits a timely appeal of a decision to revoke a license, the
licensee may continue to engage in the activity for which the license was issued pending
the decision by the City Council or Superior Court, unless the license was suspended or
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revoked based on conditions or activities that make the facility immediately dangerous to
life, limb, property or safety of the public as determined by the procedures established in
PMC Chapter 16.20. (Ord. 3262 Sec. 3, 1997.)
5.27.210 PROCEDURE FOR APPEALING A LICENSE DENIAL OR
REVOCATION.
A) When the City Manager refuses to grant a license, or revokes a license, he
or she shall notify the applicant in writing of the same, describing the reasons therefore,
and shall inform the applicant of his or her right to appeal, according to the appeal
procedures in PMC 5.26.170, to the City Council within ten (10) days of the date of the
written notice by filing a written notice of appeal with the City Clerk containing a
statement of the specific reasons for the appeal and a statement of the relief requested.
(Ord. 3262 Sec. 3, 1997.)
5.27.220 INSPECTIONS AND PUBLIC HEALTH AND SAFETY SUSPENSIONS.
A) An applicant or licensee shall permit representatives of the Police
Department, health department, and other state and local government agencies to
inspect the premises of the adult entertainment facility, at any time the adult
entertainment facility is open for business, for the purpose of insuring compliance with
all applicable statutes, codes, ordinances, regulations, and laws.
B) Where a condition exists upon the premises of a adult entertainment facility
that constitutes a immediate danger to life limb, property or safety of the public, the City
may immediately suspend any license issued under this chapter by issuing a notice setting
forth the facts that constitute a immediate danger of life limb, property or safety of the
public, and informing the licensee of the right to appeal the suspension to the City Council
under the appeal provisions set forth in section 5.26.180. (Ord. 3262 Sec. 3, 1997.)
5.27.230 RECORD KEEPING REQUIREMENTS AND MONTHLY REPORTS.
A) Each adult entertainment facility licensed under this chapter shall remain
and retain for a period of two (2) years from the date of termination of employment, the
names, addresses, and ages of all persons employed or otherwise retained as managers
and entertainers.
B) Each adult entertainment facility licensed under this chapter shall file a
monthly report with the City Clerk including the names, addresses, and ages of all persons
employed or otherwise retained as managers and entertainers. (Ord. 3262 Sec. 3, 1997.)
5.27.240 REGULATIONS APPLICABLE TO ALL ADULT ENTERTAINMENT
FACILITIES. All adult entertainment facilities shall comply with the following regulations:
A) Manager on Premises: A licensed manager shall be on duty at an adult
entertainment facility at all times the adult entertainment facility is open for business.
The manager shall be stationed at a location within the adult entertainment facility where
he or she shall have an unobstructed view of all public portions of the adult entertainment
facility. The name of the manager on duty shall be prominently posted during business
hours.
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1) Upon request, the manager shall provide a roster of all adult
entertainers and waitperson’s on duty or working during a specified business day.
2) It shall be the responsibility of the manager to verify that any person
who provides adult entertainment or acts as a waitperson within the adult
entertainment facility (a) possesses a current and valid adult entertainer’s or adult
waitperson’s license posted in the manner required by this chapter, and (b) is not
performing more than one such function during a business day.
B) Hours of Operation: It is unlawful for an adult entertainment facility, except
adult motels, to be conducted, operated, or otherwise open to the public between the
hours of 2:00 a.m. and 10:00 a.m.
C) Admission to Minors Prohibited: Admission shall be restricted to persons of
the age of eighteen (18) years or more. The age of all patrons shall be verified at the
time of entry by an employee of the adult entertainment facility. It is unlawful for any
owners, operator, manager, or other person in charge of an adult entertainment facility
to knowingly permit or allow any person under the age of eighteen (18) years to be in or
on the premises of such adult facility.
D) Warning Devices. No person may operate or maintain any warning system
or device, of any nature or kind, for the purposes of warning the employees, managers,
entertainers, or patrons of an adult entertainment facility that police officers or other
government agents are approaching or have entered the adult entertainment facility.
E) Posting and Display of Licenses:
1) Every adult entertainer shall post his or her license in his or her work
area so it is readily available for inspection by City authorities responsible for
enforcement of this chapter.
2) Every person licensed under this chapter as an adult waitperson or
manager, shall post his or her license in a conspicuous place and manner on the
premises of the adult entertainment facility so as to be readily available for
inspection by City authorities responsible for enforcement of this chapter. (Ord.
3262 Sec. 3, 1997.)
5.27.250 REGULATIONS SPECIFICALLY APPLICABLE TO ADULT
CABARETS.
A) General. An adult cabaret shall satisfy the zoning requirements contained
in Title 25 of the Pasco Municipal Code, the general requirements of this chapter, and the
specific operational requirements applicable to adult cabarets contained in this section.
B) Separation of Nude Entertainers From Patrons: No entertainers shall appear
nude except on a stage or platform at least twenty-four (24) inches in elevation above
the level of the patron seating area. The stage shall be separated by a distance of at
least eight (8) feet from all areas of the premises to which patrons have access. A
continuous fixed-barrier railing, of sufficient construction to prevent encroachment by
patrons onto the stage, at least three (3) feet in height and located at least eight (8) feet
from all points of the stage, shall separate the stage from all patron areas.
C) Separation of Entertainers From Patrons: No entertainer shall conduct any
dance, performance, or exhibition in or about the non stage areas of an adult cabaret
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unless that dance, performance, or exhibition is performed at a torso-torso distance of
no less than four feet from the patron for whom the dance, performance, or exhibition is
intended.
D) Managers: The licensed manager on duty shall not be an entertainer. No
manager shall knowingly permit an employee or entertainer to violate any provisions of
this section.
E) Tips: No tip or gratuity offered to or accepted by an adult entertainer shall
be offered or accepted prior to any performance, dance or exhibition provided by the
entertainer. No entertainer performing upon any stage or non-stage area shall be
permitted to accept any form of gratuity offered directly to the entertainer by any member
of the public. Any tip or gratuity offered to any entertainer performing upon any stage
area shall be placed into a receptacle provided for the receipt of gratuities or shall be
given to the manager on duty on the premises.
F) Maintenance: All public areas shall be maintained in a clean and sanitary
condition.
G) Lighting: A minimum lighting level of 30 lux semi-cylindrical measured at
thirty (30) inches from the floor on ten (10) foot centers shall be provided and equally
distributed in and about the public portions of the adult cabaret, including the patron
seating areas, so that all objects are plainly visible at all times.
H) Visibility From Outside the Adult Cabaret. No activity or entertainment
occurring at or in an adult cabaret shall be visible at any time from outside the adult
cabaret.
I) Prohibited Activities
1) No employer or entertainer shall perform or simulate any sexual
activities specified in PMC 5.27 040 (32) or RCW 7.48A.010(2)(b).
2) When not performing, entertainers are prohibited from being present
in areas of the adult cabaret that are open to the public. This prohibition shall
only apply during the business hours of the adult cabaret.
3) No employee or entertainer shall knowingly permit any person upon
the premises to engage in a specified sexual activity or touch, caress or fondle any
specified anatomical area of any other person.
4) No employee or entertainer shall touch caress or fondle any specified
anatomical area of any other person.
5) No employee or entertainer shall wear or use any device or covering
exposed to view which simulates any portion of a specified anatomical area.
6) No employee or entertainer shall use artificial devices or inanimate
objects to depict any specified sexual activity.
J) It is unlawful for any entertainer, manager or waitperson to perform more
than one such function at an adult business on the same business day.
K) No waitperson shall, while acting as a waitperson, provide adult
entertainment or be unclothed or in less than opaque and complete attire, costume or
clothing so as to expose to view any specific anatomical area.
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L) Signs Interior: At least two signs shall be conspicuously and permanently
posted on the premises, printed in English and Spanish and readable from ten (10) feet
away by a person with 20/20 vision, stating the following:
THIS ADULT CABARET IS REGULATED BY THE CITY OF PASCO.
ENTERTAINERS ARE, (1) NOT PERMITTED TO ENGAGE IN ANY TYPE OF
SEXUAL CONTACT (2) NOT PERMITTED TO APPEAR NUDE EXCEPT ON
STAGE. (3) DANCERS ARE NOT ALLOWED TO DANCE WITHIN FOUR FEET
OF ANY CUSTOMER (4) NOT PERMITTED TO SOLICIT OR COLLECT ANY
PAYMENT OR GRATUITY DIRECTLY FROM ANY PATRON.
M) Exterior Signage and Advertising: No exterior signage or advertising is
permitted other than one wall sign, consistent with Title 17 and the following provisions:
1) The sign shall be mounted flush on the front of the building with a
message limited to the name of the business and may also contain a street
address, days and hours of operation, and what type of adult entertainment is
offered.
2) Nowhere on the building visible to passersby outside the building
shall appear any drawings, posters, pictures, graphics or other depiction’s
representing specified sexual activities or specified anatomical areas. (Ord. 3262
Sec. 3, 1997.)
5.27.260 REGULATIONS SPECIFICALLY APPLICABLE TO ADULT ARCADES.
A) General. An adult arcade shall satisfy the zoning requirements contained
in Title 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 closed circuit TV.
2) No steps or risers shall be allowed in any viewing booth.
3) No viewing booth shall have more than one stool or seat. In order to
prevent obscuring the occupant of a viewing booth from view, no stool for seating
within a viewing booth shall have any seat back or sides.
4) No viewing booth shall have any holes or openings in its walls other
than ventilation holes. All ventilation holes shall be located one foot from the top
of the booth walls or one foot from the bottom of the booth walls. All ventilation
holes shall be covered with a permanently affixed ventilation cover.
C) Maintenance. All viewing booths shall be maintained in a clean and sanitary
condition.
D) Lighting. A minimum lighting level of 30 lux semi-cylindrical measured at
thirty (30) inches from the floor on ten (10) foot centers shall be provided and equally
distributed in and about the public area of the adult arcade, including the viewing booths,
so that all objects are plainly visible at all times.
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E) Limit on Number of Persons Within a Viewing Booth. No licensee or
employee shall knowingly permit more than one person to occupy a viewing booth at any
given time.
F) Prohibited Activities. No licensee, manager, or employee shall knowingly
permit a patron to perform any sexual activity specified in PMC 5.27.040 (FF) or RCW
7.48A.010(2)(b) within a viewing booth.
G) Signs. At least two signs shall be conspicuously and permanently posted
on the premises, printed in English and Spanish and readable from ten (10) feet away by
a person with 20/20 vision stating the following:
THIS ADULT ARCADE IS REGULATED BY THE CITY OF PASCO. IT IS
UNLAWFUL TO PERFORM SEXUAL ACTS WITHIN A VIEWING BOOTH. IT
IS UNLAWFUL FOR MORE THAN ONE PERSON TO OCCUPY A VIEWING
BOOTH AT ANY GIVEN TIME. VIOLATORS ARE SUBJECT TO
PROSECUTION.
H) Exterior Signage and Advertising: No exterior signage or advertising is
permitted other than one wall sign, consistent with Title 17 and the following provisions:
1) The sign shall be mounted flush on the front of the building with a
message limited to the name of the business and may also contain a street
address, days and hours of operation, and what type of adult entertainment is
offered.
2) Nowhere on the building visible to passersby outside the building
shall appear any drawings, posters, pictures, graphics or other depiction’s
representing specified sexual activities or specified anatomical areas. (Ord. 3560
Sec. 26, 2002; Ord. 3262 Sec. 3, 1997.)
5.27.270 PENALTIES.
A) Any violation of this chapter shall be a gross misdemeanor, and shall be
subject to a fine not to exceed Five Thousand Dollars ($5,000), or to imprisonment for a
term not to exceed three hundred and sixty-four (364) days, or both such fine and
imprisonment. Each day or portion thereof such violation continues or occurs shall be
considered an additional and separate offense.
B) Any person violating any of the provisions of this chapter shall also be
subject to license suspension or revocation as set forth herein. (Ord. 4019, 2011; Ord.
3262 Sec. 3, 1997.)
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CHAPTER 5.28 FOOD ESTABLISHMENT
Sections:
5.28.010 ADOPTION OF STATE RULES .......................................................... 84
5.28.030 PERMIT REQUIRED ........................................................................ 84
5.28.045 CONSENT FOR HEALTH DISTRICT TO CHARGE FEES FOR LICENSE
ISSUANCE OR RENEWAL ............................................................................... 84
5.28.120 COMPLIANCE WITH LICENSING ORDINANCES ................................ 85
5.28.125 SIDEWALK SEATING ...................................................................... 85
5.28.010 ADOPTION OF STATE RULES. Subject to the provisions of RCW Section
35.21.180, the "Rules and Regulations of the Washington State Board of Health
Governing Food Sanitation," revised and adopted by the State Board of Health, June 3,
1963, Sections .84.001; .84.010; .84.020; .84.030; .84.040; .84.050; .84.060, and
.84.070 (hereinafter called "rules and regulations,") and all future amendments,
modifications and changes thereto, are adopted by reference, except as provided in this
chapter. The City Clerk shall keep three copies of the rules and regulations on file at all
times, as required by state law. (Ord. 1331 Sec. 1, 1968.)
5.28.020 DEFINITIONS. Repealed. (Ord. 3394 Sec. 5, 1999; Ord. 1331 Sec. 2,
1968.)
5.28.030 PERMIT REQUIRED. It is unlawful for any person to operate a food
establishment without having in his possession, an unrevoked permit issued by the local
health officer. With respect to temporary food establishments, the permit required shall
be the permit required for other such establishments. (Ord. 1331 Sec. 3, 1968.)
5.28.040 APPLICATION FOR PERMIT. Repealed. (Ord. 3394 Sec. 5, 1999; Ord.
1331 Sec. 4, 1968.)
5.28.045 CONSENT FOR HEALTH DISTRICT TO CHARGE FEES FOR LICENSE
ISSUANCE OR RENEWAL. The City of Pasco hereby consents and authorizes the Benton-
Franklin Health District to establish, charge and collect, all fees in connection with the
issuance or renewal of a license or permit for the operation of a food establishment within
the City of Pasco. (Ord. 3394 Sec. 5, 1999; Ord. 2911 Sec. 1, 1992.)
5.28.050 FEE FOR PERMIT. Repealed. (Ord. 3394 Sec. 5, 1999; Ord. 2819 Sec.
1, 1991; Ord. 2757 Sec. 1, 1989; Ord. 2223 Sec. 12, 1980; Ord. 1970 Sec. 12, 1977; Ord.
1331 Sec. 5, 1968.)
5.28.060 ISSUANCE OF PERMIT - EXPIRATION. Repealed. (Ord. 3394 Sec. 5,
1999; Ord. 1331 Sec. 6, 1968.)
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5.28.070 RENEWAL OF PERMIT. Repealed. (Ord. 3394 Sec. 5, 1999; Ord. 1331
Sec. 7, 1968.)
5.28.080 CERTIFICATES OF RECOGNITION. Repealed. (Ord. 3394 Sec. 5, 1999;
Ord. 1331 Sec. 8, 1968.)
5.28.090 REVOCATION OR SUSPENSION OF PERMIT. Repealed. (Ord. 3394 Sec.
5, 1999; Ord. 1331 Sec. 9, 1968.)
5.28.100 REINSTATEMENT OF SUSPENDED PERMIT. Repealed. (Ord. 3394 Sec.
5, 1999; Ord. 1331 Sec. 10, 1968.)
5.28.110 APPEAL. Repealed. (Ord. 3394 Sec. 5, 1999; Ord 1331 Sec. 11, 1968.)
5.28.120 COMPLIANCE WITH LICENSING ORDINANCES. No permit shall be
issued to any person who is required to have a business license by any other ordinance
of the City unless he has first obtained such license. (Ord. 1331 Sec. 12, 1968.)
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 an annual permit fee
as set for in Chapter 3.07 of this code and the filing of a satisfactory hold/harmless
agreement and primary liability insurance policy suitable to the City Attorney which will
indemnify the City and release it from liability. Subject to such filing a permit will be
issued. (Ord. 3560 Sec. 27, 2002; Ord. 2539 Sec. 18, 1985.)
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CHAPTER 5.32 UTILITIES - OCCUPATION LICENSE
Sections:
5.32.010 DEFINITIONS ................................................................................ 86
5.32.020 AUTHORITY ................................................................................... 87
5.32.030 LICENSE REQUIRED ....................................................................... 87
5.32.040 TAX - LEVIED ................................................................................ 87
5.32.050 TAX - DUE DATE ............................................................................ 88
5.32.060 TAX - DEDUCTIONS ....................................................................... 88
5.32.070 USE OF FUNDS FOR STREET MAINTENANCE ................................... 89
5.32.080 RECORDS INSPECTION .................................................................. 89
5.32.090 FAILURE TO PAY TAX ..................................................................... 89
5.32.095 ADMINISTRATIVE APPEAL .............................................................. 89
5.32.100 OVERPAID TAX .............................................................................. 89
5.32.110 ANNEXATION NOTICE ..................................................................... 90
5.32.010 DEFINITIONS. For the purposes of this chapter, unless otherwise
required by the context:
A) "City" means the City of Pasco, Washington.
B) "Competitive telephone service" means the providing by any persons of
telecommunications equipment or apparatus, directory advertising and lease of telephone
street directories, or service, other than toll service, related to that equipment or
apparatus such as repair or maintenance service, if the equipment or apparatus is of a
type which can be provided by persons that are not subject to regulation as telephone
companies under RCW Title 80 and for which a separate charge is made.
C) "Gross operating revenues" means the value proceeding or accruing from
the performance of the particular business involved, including operations and activities
incidental thereto, but without any deduction on account of the cost of the commodity
furnished or sold, the cost of materials used, labor costs, interest, discount, delivery costs,
taxes, or any other expense whatsoever paid or accrued and without any deduction on
account of losses. "Competitive telephone services" as defined in this section is not
included within the meaning of gross income. "Gross operating revenues" shall not
include charges which are passed on to customers by the taxpayer pursuant to tariffs
required by regulatory order to compensate for the cost to the company of tax imposed
by this chapter.
D) "Person" or "persons" means individuals of either sex, firms, company
partnerships, corporations, and other associations of natural persons, whether acting by
themselves or by servants, agents or employees, and shall include the water department
of the city of Pasco.
E) "Taxpayer" means any person required to pay the license fee or tax imposed
by this chapter.
F) "Telephone business" means the business of providing access to a local
telephone network, local telephone network switching service, toll service, cellular
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telephone services, or coin telephone services, or providing telephonic, video, data, or
similar communications or transmission for hire, via a local telephone network, toll line or
channel, cable, microwave, or similar communication or transmission system. The term
includes cooperative or farmer line telephone companies or associations operating
exchanges. "Telephone business" does not include the providing of competitive telephone
service, nor the providing of cable television service, or other providing of broadcast
services by radio or television stations.
G) “Finance Manager” means the Finance Manager of the City of Pasco or his
designee. (Ord. 3560 Sec. 28, 2002; Ord. 3432 Sec. 1, 2000; Ord. 2837 Sec. 1, 1991;
Ord. 2300 Sec. 1, 1981.)
5.32.020 AUTHORITY. The provisions of this chapter shall be deemed to be an
exercise of the power of the city of Pasco to license for revenue. (Ord. 2300 Sec. 2, 1981.)
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 Finance Manager, or his designee, for such
license upon such forms as the Finance Manager shall deem reasonably necessary to
enable said Finance Manager’s office to administer and enforce this chapter, and, upon
acceptance of such application by the Finance Manager 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. 3560 Sec. 29, 2002; Ord. 3432 Sec. 1, 2000;
Ord. 2300 Sec. 3, 1981.)
5.32.040 TAX - LEVIED. There is levied upon, and there shall be collected from
every person, firm or corporation engaged in carrying on the following businesses for hire
or for sale of a commodity or a service within or partly within the corporate limits of the
City of Pasco the tax for the privilege of so doing business as hereinafter defined:
A) Upon any telephone business there shall be levied a tax equal to eight and
one-half percent (8.5%) of the gross operating revenues derived from the operation of
such businesses within the City of Pasco.
B) Upon any business selling or distributing electricity and electrical energy, a
tax to be equal to eight and one-half percent (8.5%) of the total gross operating revenue
derived from sales of such electricity to ultimate users within the City of Pasco; provided,
however, that there shall not be any tax levied for the installation charges of electrical
service units.
C) Upon any business selling, manufacturing, or distributing natural gas for
residential, commercial or industrial consumption, a tax to be equal to eight and one-half
percent (8.5%) of gross operating revenues from such sales within the limits of the City
of Pasco; provided, however, that there shall not be any tax levied for the installation
charges of gas service units. The provisions of this subsection do not apply to sales by a
gas distribution business of:
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1) Compressed natural gas or liquefied natural gas, where the
compressed natural gas or liquefied natural gas is to be sold or used as
transportation fuel; or
2) Natural gas from which the buyer manufactures compressed natural
gas or liquefied natural gas, where the compressed natural gas or liquefied natural
gas is to be sold or used as transportation fuel.
D) Upon any business selling a cable or microwave signal by subscription for
television, radio, or other audio visual purposes, a tax equal to eight and one-half percent
(8.5%) of gross operating revenues from such sales within the limits of the City of Pasco.
E) Upon any business selling solid waste collection and disposal service, a tax
of eight and one-half percent (8.5%) of gross operating revenues from such sales within
the limits of the City of Pasco.
F) Upon any business, public or private, selling domestic water via a public
water supply and distribution system and selling sanitary sewer service via a collection
grid, a tax of eight and one-half percent (8.5%) of gross operating revenues from such
sales within the limits of the City of Pasco.
G) Upon any business, public or private, selling irrigation water, a tax equal to
eight and one-half percent (8.5%) of gross operating revenues from such sales within
the limits of the City of Pasco.
H) Two and one-half percent of the tax levied and collected upon telephone,
electrical energy and natural gas business shall be used for anti-crime purposes. (Ord.
4175, 2014; Ord. 3399 Sec. 1, 1999; Ord. 2707 Sec. 1, 1988; Ord. 2300 Sec. 4, 1981.)
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 25th day of the month next succeeding the month in which the tax accrued.
The first payment made hereunder shall be made by October 25th 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 25th 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 Finance Manager a written return,
upon such form and setting forth such information as the Finance Manager shall
reasonably require, together with the payment of the amount of the tax due. (Ord. 3560
Sec. 30, 2002; Ord. 3432 Sec. 1, 2000; Ord. 2300 Sec. 5, 1981; Ord. 2538 Sec. 18, 1985.)
5.32.060 TAX - DEDUCTIONS. In computing said tax there shall be deducted from
said gross operating revenues the following items:
A) The amount of credit losses and uncollectibles actually sustained by the
taxpayer;
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B) Amounts derived from transactions in interstate or foreign commerce or from
any business which the City is prohibited from taxing under the Constitutions of the United
States or the state of Washington. (Ord. 2300 Sec. 6, 1981.)
5.32.070 USE OF FUNDS FOR STREET MAINTENANCE. Such percent of the gross
proceeds of annual taxes collected under this chapter as would be generated by a one
percent tax rate on the gross operating revenues taxed under this chapter shall, after
each collection, be allocated 1/5th (20%) to the City Street Fund, such funds to be used
for the purposes described in PMC Chapter 3.72, and 4/5th’s (80%) to the Street Overlay
Fund, such funds to be used for overlaying or sealing of asphaltic concrete streets in the
Street Overlay Fund of the City. (Ord. 3717 Sec. 2, 2005; Ord. 2454 Sec. 1, 1983; Ord.
2300 Sec. 7, 1981.)
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 Manager, 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. 3560 Sec. 31, 2002; Ord. 3432 Sec. 1, 2000;
Ord. 2300 Sec. 8, 1981.)
5.32.090 FAILURE TO PAY TAX. If any taxpayer shall fail to pay any tax, or
installment thereof, required by this chapter on or before the due date thereof, there
shall be added to such tax or installment a penalty fee as follows:
A) 1-15 days late – 2% of tax due;
B) 16-31 days late – an additional 2% of tax due;
C) 32-60 days late – an additional 2% of tax due;
but in no event shall the penalty amount be less than fifteen dollars. In addition to this
penalty, the Finance Manager may charge the taxpayer interest of eight percent per
annum of all taxes and fees due to each thirty-day period, or portion thereof, that said
amounts are past due. Any tax due under this chapter and unpaid, and all penalties
thereon, shall constitute a debt to the City and may be collected by court proceedings,
which remedy shall be in addition to all other remedies allowed by law. (Ord. 3560 Sec.
31, 2002; Ord. 3432 Sec. 1, 2000; Ord. 2300 Sec. 9, 1981.)
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. 3560 Sec. 32, 2002; Ord. 3432 Sec. 1, 2000.)
5.32.100 OVERPAID TAX. Any money paid to the City through error or otherwise
not in payment of the tax imposed by this chapter or in excess of such tax shall, upon
request of the taxpayer be credited against any tax due or to become due from such
taxpayer under this chapter or, upon the taxpayer's ceasing to do business in the city, be
refunded to the taxpayer. (Ord. 2300 Sec. 10, 1981.)
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5.32.110 ANNEXATION NOTICE. Whenever the boundaries of the City are
extended by annexation, all persons, firms and corporations subject to this chapter will
be provided copies of all annexation ordinances by the City Clerk of the City of Pasco.
(Ord. 2300 Sec. 11, 1981.)
CHAPTER 5.36
GRAVEL PITS. (Ord. 3560 Sec. 33, 2002; Prior code Sec. 3-14.12.)
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CHAPTER 5.40 HOTELS AND ROOMING HOUSES
Sections:
5.40.010 DEFINITIONS ................................................................................ 91
5.40.020 LICENSE REQUIRED - FEE .............................................................. 91
5.40.030 CHARACTER OF APPLICANT - INVESTIGATION ............................... 91
5.40.040 REGISTER TO BE KEPT .................................................................. 91
5.40.050 FICTITIOUS REGISTRATION UNLAWFUL ......................................... 92
5.40.060 NUMBERING OF ROOMS................................................................. 92
5.40.070 LIABILITY FOR VIOLATIONS........................................................... 92
5.40.080 CERTAIN PERSONS PROHIBITED ON PREMISES .............................. 92
5.40.090 PURPOSE OF CHAPTER .................................................................. 93
5.40.100 SEIZURE OF ILLEGAL ARTICLES - WARRANT ................................... 93
5.40.110 NOTICE OF SEX OFFENDER RESIDENCE .......................................... 93
5.40.010 DEFINITIONS. For the purposes of this chapter "person" means and
includes natural persons, co-partnerships, corporations and associations and shall include
persons of both sexes. This chapter means and includes hotels, rooming houses, lodging
houses and all other places where lodgings are furnished to transient customers, as
distinguished from apartment or boarding houses with regular weekly or monthly charge
reserved. (Prior code Sec. 3-7.04.)
5.40.020 LICENSE REQUIRED - FEE. No person shall conduct, keep, manage,
operate or cause to be conducted, kept, managed or operated either as owners, lessor,
lessee, agent, or attorney, any hotel, rooming house, or lodging house or other place
where lodgings are furnished within the corporate limits of the City without first having
obtained a license from the City to do so. (Prior code Sec. 3-7.08.)
5.40.030 CHARACTER OF APPLICANT - INVESTIGATION. The Chief of Police
shall examine 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 issued and no license shall be 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. (Ord. 3560 Sec. 34, 2002; Prior code Sec. 3-7.12.)
5.40.040 REGISTER TO BE KEPT. No person to whom a license shall be issued
under this chapter shall suffer or permit the hotel, rooming house, lodging house or other
lodging place to be used for any unlawful purpose and shall at all times keep a standard
hotel register in which shall be inscribed the names of all guests or persons renting, using
or occupying rooms or quarters therein, which register shall be signed by the person
using a room, rooms, space or quarters or by someone on his behalf and under his
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direction. Such registration must be made and after the name or names so inscribed or
registered, the owner of the place, manager of the place or his agent shall write the
number of the room or rooms which such guest or person is to occupy, together with the
time when such room is rented, all of which shall be done before such person is permitted
to occupy or use such room or rooms. Such register shall be maintained and available
for inspection by an officer or an official of the City with the consent of the owner,
manager, or agent of such place, or in response to administrative or judicial warrant or
order. (Ord. 4257, 2015; Prior code Sec. 3-7.16.)
5.40.050 FICTITIOUS REGISTRATION UNLAWFUL. It is unlawful for any person
to write or cause to be written in any hotel register required to be kept by this chapter
any other or different name than the true name of the guest or person, or the name by
which such person is generally known; and the true number of each room to be used or
occupied by such guest at the time of such registration shall be written after such name
or names. (Prior code Sec. 3-7.20.)
5.40.060 NUMBERING OF ROOMS. Any person to whom a license shall have been
issued under this chapter shall cause each guest room and each apartment in such house
to which the license relates to be numbered in plain and conspicuous manner, the number
to be placed on the outside of the door of each room, and no two doors shall bear the
same number. (Prior code Sec. 3-7.24).
5.40.070 LIABILITY FOR VIOLATIONS. Where a license shall have been issued
to any co-partnership, corporation or association to conduct a hotel, rooming house,
lodging house, or place for lodgings, any person having charge, management or control
thereof shall be liable to prosecution for any violation of this chapter; and the licensee
and the person in charge each may be charged and prosecuted for such violation and
conviction of one shall not abate any prosecution against the other for the same offense.
For the purpose of determining the liability of any person or persons to prosecution
for violation of any provisions of this chapter, it shall be sufficient to show that such
person was at the time of the act or violation complained of, the person in actual charge,
management or control of a house or place in which such act is alleged to have been
committed, and for every violation of this chapter the licensee himself shall be liable to
prosecution also. (Prior code Sec. 3-7.28.)
5.40.080 CERTAIN PERSONS PROHIBITED ON PREMISES. It is unlawful for the
licensee or any person in charge of any hotel, rooming house, lodging house or place
covered by such license, knowingly to receive or retain as a roomer, visitor, lodger, or
guest thereat any pimp or prostitute and to harbor any such or to allow any such person
to be or remain upon the premises as guest, visitor, lodger, employee, or any one in any
other capacity who practices or takes part in any act of prostitution or unlawful conduct.
(Ord. 4257, 2015; Prior code Sec. 3-7.32).
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5.40.090 PURPOSE OF CHAPTER. The intention and purpose of this chapter is
to provide for the protection and safety of premises’ patrons and public, and to prevent
unlawful actions or conditions to exist. (Ord. 4257, 2015; Prior code Sec. 3-7.36.)
5.40.100 SEIZURE OF ILLEGAL ARTICLES - WARRANT. If upon the sworn
complaint of any person it shall be made to appear to the 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 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 implements 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
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. (Ord. 4257, 2015; Ord. 3560 Sec. 35, 2002; Prior code Sec. 3-7.44.)
5.40.110 NOTICE OF SEX OFFENDER RESIDENCE. Any provider of public
accommodations and lodging, as defined by RCW 70.62.210, upon notification of
designation as the residence of a registered Level II or Level III sex offender by the
Franklin County Sheriff’s Office, Pasco Police Department, or subject to a contract with
the Department of Corrections, other State agencies, or subcontractors, to provide
housing placement or assistance, designated as the current residence of a Level II or
Level III sex offender, shall post, in a conspicuous location displayed in the lobby a sign
stating “Registered Sex Offender(s) Reside Within this Facility”, upon which sign shall
have lettering of not less than one inch height, clearly visible from the registration location
and provide immediately adjacent thereto posting of the sex offender flyer prepared and
distributed by the Pasco Police Department for each sex offender residing within the
facility.
This sign, together with posted flyers, shall remain in place so long as the
registered sex offender resides within the facility.
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CHAPTER 5.44 Taxicabs. (Repealed Ord. 3335 Sec. 1, 1998.)
CHAPTER 5.45 FOR-HIRE VEHICLES (Repealed Ord. 4342, 2017.)
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CHAPTER 5.45A TAXICAB AND TRANSPORTATION NETWORK COMPANY
LICENSING
Sections:
5.45A.010 PURPOSE .................................................................................... 95
5.45A.020 DEFINITIONS .............................................................................. 95
5.45A.030 FOR-HIRE (TAXICAB/TNC) BUSINESS LICENSE REQUIRED ............. 97
5.45A.040 FOR-HIRE (TAXICAB/TNC) BUSINESS LICENSE .............................. 97
5.45A.050 FOR-HIRE DRIVER BUSINESS LICENSE REQUIRED ........................ 97
5.45A.060 FOR-HIRE DRIVER REQUIREMENTS .............................................. 98
5.45A.070 VEHICLE REQUIREMENTS ........................................................... 99
5.45A.080 INSURANCE REQUIREMENTS ...................................................... 100
5.45A.090 OPERATIONAL REQUIREMENTS .................................................. 100
5.45A.100 FOR-HIRE (TAXICAB/TNC) BUSINESS LICENSE ADDITIONAL
REQUIREMENTS ......................................................................................... 101
5.45A.110 FOR-HIRE FARES ....................................................................... 102
5.45A.120 AUDIT ....................................................................................... 102
5.45A.130 REVOCATION, SUSPENSION AND PENALTIES .............................. 102
5.45A.140 DEPOT LICENSE AGREEMENT – WHEN REQUIRED ....................... 103
5.45A.150 ENFORCEMENT .......................................................................... 103
5.45A.010 PURPOSE. The purpose of this Chapter is to provide for and promote
the safety and welfare of the general public by regulating transportation by for-hire
vehicles, including taxicab companies and drivers and transportation network companies
and drivers within the City. The provisions of this chapter shall apply to all for-hire
vehicles operating or doing business within the City of Pasco whether or not the operator’s
business license is located within the City of Pasco. This Chapter does not create or
designate any particular class of persons who will or will not be specially protected by its
terms. Nothing contained in this Chapter is intended nor shall be construed to create any
liability on the part of the City or its employees for any injury or damage resulting from
the failure of the licensee to comply with the provisions of this Chapter, or by reason or
in consequence of any act or omission in connection with the implementation or
enforcement of this Chapter on the part of the City or its employees. (Ord. 4342, 2017.)
5.45A.020 DEFINITIONS. As used in this Chapter:
A) “City” means the City of Pasco, Washington.
B) “Driver” or “Operator” means any person driving or operating a for-hire
vehicle.
C) “For-Hire Vehicle” means any motor vehicle used for the transportation of
passengers for compensation, including taxicabs and transportation network company
vehicles. The following motor vehicles are excluded from the definition of for-hire
vehicles:
1) School buses operating exclusively under a contract to a school
district;
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2) Ride-sharing vehicles under Chapter 46.74 RCW;
3) Limousine carriers licensed under Chapter 46.72A RCW;
4) Vehicles used by nonprofit transportation providers solely for elderly
or handicapped persons and their attendants under Chapter 81.66 RCW;
5) Vehicles used by auto transportation companies licensed under
Chapter 81.68 RCW;
6) Vehicles used to provide courtesy transportation at no charge to and
from business locations including, but not limited to, hotels, rental offices, parking
lots, auto repair or sales facilities, or healthcare providers.
7) Vehicles licensed under, and used to provide “charter party carrier”
and “excursion service carrier” services as defined in, and required by, Chapter
81.70 RCW; and
8) Vehicles used to provide ambulance services pursuant to PMC 5.05.
D) “For-Hire (Taxicab/TNC) Business License” means the business license
issued by the City of Pasco to conduct a For-Hire Vehicle business with the City limits of
Pasco.
E) “For-Hire Driver Business License” means the license to drive or operate a
for-hire vehicle as approved and issued by the City of Pasco.
F) “Independent Contractor” means a person who contracts to do a piece of
work according to his own methods and subject to the employer’s control only as to the
end product of his or her work. An independent contractor performs work but is not
considered an “employee.”
G) “Licensing Officer” means the City Clerk of the City of Pasco, or designee.
H) “Operate”, “Operated”, or “Operating” means using a taxicab or
transportation network company vehicle to, at any time, transport any passenger or item
of property for compensation within the corporate limits of the City.
I) “Taxicab” means a motorized vehicle that is held out to the public as
providing transportation to passengers or articles:
1) Where the route traveled, destination, or both route and destination
is controlled by the customer;
2) Where the fare is based on an amount recorded and indicated on a
taxi meter or an Internet online-enabled platform or application;
3) Where the driver may solicit or accept street hails and payment
may be made prior to, during or upon completion of the transport.
J) “Taxicab Company” means any entity operating one or more taxicabs other
than as a driver, regardless of the legal form of the entity and regardless of whether the
taxicabs so operated are owned by the company, or leased, or owned by individual
members of the entity or independent contractors.
K) “Taxicab Driver” means a person engaging in any combination of owning,
leasing, advertising, driving, occupying or otherwise using a taxicab to at any time to
transport any passenger or item of property for compensation within the City.
L) “Transportation Network Company” which may be abbreviated herein to
“TNC”, means a company that exclusively uses an Internet online-enabled website,
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system, or application to connect passengers with TNC drivers who provide prearranged
rides within the City.
M) “Transportation Network Company Driver” or “TNC Driver” means a driver
who is an independent contractor of a TNC and receives connections to potential
passengers and related services from a TNC in exchange for payment of a fee to the TNC;
and uses a TNC vehicle to offer or provide prearranged rides through a TNC’s digital
network to passengers in return for compensation.
N) “Transportation Network Company Vehicle” means a vehicle that is owned,
leased or otherwise authorized for use by a TNC driver and is used by the TNC driver to
provide prearranged rides through a TNC’s digital network. (Ord. 4342, 2017.)
5.45A.030 FOR-HIRE (TAXICAB/TNC) BUSINESS LICENSE REQUIRED. No person
or entity shall operate a for-hire business or permit the operation of for-hire vehicles
within the City without a current and valid City for-hire (Taxicab/TNC) business license.
(Ord. 4342, 2017.)
5.45A.040 FOR-HIRE (TAXICAB/TNC) BUSINESS LICENSE.
A) The Licensing Officer may issue or renew a for-hire business license to a
taxicab company or a TNC provided that:
1) The taxicab company or TNC submits a complete for-hire
(Taxicab/TNC) business license application together with an affidavit sworn under
penalty of perjury, on a form provided by the Licensing Officer, that the taxicab
company or TNC is in compliance with the driver requirements, vehicle
requirements, insurance requirements, and operational requirements of this
Chapter. An application review fee, as designated in PMC 3.07.050, shall be paid
in full at the time of submitting any initial and renewal license application.
2) The taxicab company or TNC provides proof of insurance coverage
for the limits required in this Chapter for all employed or affiliated drivers.
The Application and Affidavit form will be made available by the Licensing Officer
at Pasco City Hall or on the City’s website.
B) The licenses issued or renewed under this Chapter are effective upon
approval and terminate on December 31 of the year of issuance or renewal, unless the
license has been (re)submitted for renewal on or before the expiration date.
C) The business license fee shall be based upon the number of employed or
affiliated drivers operating for-hire vehicles for the taxicab company or TNC applying for
the license, as designated in PMC 3.07.050.
D) No for-hire (Taxicab/TNC) business license shall be issued or valid until the
affidavit and proof of insurance required in this section has been reviewed and approved;
and the fee prescribed in this section has been paid. (Ord. 4342, 2017.)
5.45A.050 FOR-HIRE DRIVER BUSINESS LICENSE REQUIRED. No person shall
operate a for-hire vehicle within the City unless that person is a driver for a currently
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licensed for-hire business as provided in Section 5.45A.040 above; and has a current and
valid City for-hire driver business license. The Licensing Officer may issue this license
upon receipt of a completed application; verification of affiliation with a City licensed For-
Hire Taxicab/TNC; fingerprint card prepared by the Pasco Police department (not required
for license renewals), and payment of the fees as required by PMC 3.07.050. (Ord. 4342,
2017.)
5.45A.060 FOR-HIRE DRIVER REQUIREMENTS. No person shall be permitted to
operate a for-hire vehicle for a taxicab company, or a TNC company under PMC 5.45A.040
unless the person:
A) Is at least twenty-one (21) years of age, possesses a driver’s license valid
in the State of Washington, and has not been convicted of a felony unless such rights
have been restored under Chapters 9.96A or 9.97 RCW; and
B) Complies with all State laws and regulations relating to for-hire vehicles and
provides evidence of such compliance including, but not limited to the following:
1) Proof of age – 21 years or older.
2) A driver’s license valid in the State of Washington.
3) Proof of UBI (independent contractor).
4) Proof of insurance (liability and property insurance).
C) Taxicab company for-hire drivers shall, in addition to the requirements of
section B) above, submit the following:
1) Proof of successfully completing a training course provided by the
National Safety Council; or school licensed by the Workforce Training and
Education Coordinating Board;
2) Proof of successfully having passed a written examination provided
by the National Safety Council; or school licensed by the Workforce Training and
Education Coordinating Board;
3) Current photograph at the time of each application and/or renewal;
4) Current abstract of driving record;
5) Health Department annual Tuberculosis test; and
6) Upon approval of the application, the Police Department shall cause
to be issued a card bearing the name and description, including an annual updated
photograph of the driver, which card shall be carried on the driver’s person at all
times when operating a for-hire vehicle within the City.
D) A taxicab company, TNC, or its agent, shall maintain accurate and up-to-
date records for all of its employed or affiliated for-hire drivers operating within the City
of Pasco. Said record shall include that information required by subsections B) and C),
above as applicable, subsection G) below, and such other information as may be required
by this Chapter.
E) Prior to permitting a person to operate as a taxicab driver or as a TNC
driver, and biennially thereafter, the taxicab company or TNC shall conduct, or have a
third party conduct and review a criminal background check report for such person. The
criminal background check shall include a search of no less than seven years of database
history, unless prohibited by law, in which case the duration of the search shall be the
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maximum number of years permitted by law. The criminal background check shall include
local, state, and national criminal history databases and publicly accessible national sex
offender registries. Any person who is on a sex offender registry or who has been
convicted, within the past seven years, of crimes involving driving under the influence of
alcohol or controlled substances, felony fraud, sexual offenses, acts of violence, acts of
terror, or use of a motor vehicle to commit a felony, shall not be permitted to act as a
taxicab or TNC driver. The taxicab company or TNC, or its agent, shall maintain records
of such criminal background checks for a period of two (2) years. For purposes of this
section, the term “conviction” includes convictions, bail forfeitures, and other final
adverse findings. The criminal background checks required by this section may be
provided either by the Pasco Police Department for a fee as designated in Chapter
3.07.050, or a service provider approved by the Pasco Police Department, as determined
by the applicant.
F) A TNC or taxicab company shall revoke a TNC or taxicab driver’s authority
to operate as a driver for their company if it finds that the standards set forth in this
section are no longer being met by such person. The TNC or taxicab company shall only
reinstate his or her authority upon a finding by the taxicab company or TNC that all
standards are again being met by such person.
G) Each for-hire driver shall provide to the for-hire business by which it is
employed or with which it is affiliated, current and accurate documentation containing
the name, height, weight, color of hair and eyes, residence address, place and date of
birth, social security number, criminal history, driver’s license, motor vehicle registration,
current photograph of the driver, and automobile insurance. (Ord. 4342, 2017.)
5.45A.070 VEHICLE REQUIREMENTS. Each taxicab or TNC vehicle shall pass
an inspection prior to commencing services in the City of Pasco, and annually thereafter,
by a mechanic approved by the National Institute for Automotive Service Excellence.
Taxicab companies and TNCs shall keep records of all such inspections for at least three
(3) years. Such an inspection shall, at a minimum, include inspection of the following
components:
A) Foot brakes;
B) Parking brakes;
C) Steering mechanism;
D) Windshield;
E) Rear window and other glass;
F) Windshield wipers;
G) Headlights;
H) Taillights;
I) Turn indicator lights;
J) Stop lights;
K) Front seat adjustment mechanism;
L) Doors (open, close, lock);
M) Horn;
N) Speedometer;
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O) Bumpers;
P) Muffler and exhaust system;
Q) Condition of tires, including tread depth;
R) Interior and exterior rear view mirrors; and
S) Safety belts for driver and all passengers. (Ord. 4342, 2017.)
5.45A.080 INSURANCE REQUIREMENTS.
A) The owner or operator of every taxicab is to procure liability and property
damage insurance covering passengers as well as other persons, from a company
licensed to write bodily injury liability and property damage liability insurance in the State,
on each taxicab used or to be used in transporting persons for compensation in an amount
not less than $100,000.00 for any recovery for personal injury by one person, and not
less than $300,000.00 for all persons receiving personal injury, by reason of one act of
negligence, and, not less than $50,000.00 for damage to property of any person other
than the insured, and maintain such liability and property damage insurance in force on
each motor-propelled vehicle while so used under such licensee. A $500,000.00
combined single limit policy may be submitted.
B) TNCs and all affiliated drivers shall comply with the automobile liability
insurance requirements contained in RCW Chapter 48.177 as enacted or subsequently
amended as a commercial transportation service provider.
C) A certificate for each policy for liability or property damage insurance
required herein shall be filed with the Licensing Officer and kept in full force and effect,
and failure to do so shall be cause for the revocation of the license. (Ord. 4342, 2017.)
5.45A.090 OPERATIONAL REQUIREMENTS.
A) Records. TNCs and taxicab companies shall keep a record of all trips made
by all drivers for at least one (1) year from the date each trip was provided; and individual
records of each taxicab driver or TNC driver at least until one (1) year after the date on
which the driver’s relationship with the taxicab company or TNC has ended. The City
may require the taxicab company or TNC to produce records directly related to an active
investigation of a specific allegation against a for-hire driver or a violation of this chapter.
B) Driver Information.
1) Taxicab drivers shall have a document containing their name,
photograph, driver’s license number, and company worked for clearly posted in
any vehicle operated by the driver.
2) The TNC’s software application or website which shall display the
first name and photograph of the TNC driver, and a description or picture of the
vehicle.
C) Marking of Vehicles. All taxicabs shall be clearly marked as such and shall
include the taxicab company name, phone number, and a vehicle identification number
in plain sight. The company name and vehicle identification number shall use letters and
numbers a minimum of four (4) inches in height with width proportional. The taxicab
company phone number shall use numerals a minimum of two and one half (2 ½) inches
in height with the width proportional. Vehicles operated solely by TNC Drivers shall
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display in a manner observable from the outside of the vehicle, a logo or indicia of the
TNC. The TNC’s software application or website shall display for the passenger the make,
model, and license plate number of the TNC vehicle.
D) Method of Soliciting Rides. Only taxicab drivers are permitted to solicit or
accept street hails. TNC drivers shall accept only rides prearranged through a TNC’s
digital network and shall not solicit or accept street hails.
E) Receipts. Whenever demanded by the passenger, the driver of a taxicab
or TNC vehicle shall deliver to the person paying for the hiring of said vehicle, at the time
of such payment, a payment receipt either in hard copy or electronically in legible printing
or writing. This receipt shall contain the name of the taxicab company or TNC and its
contact information, the name of the driver, any and all items for which a charge is made,
the total amount paid, and the date of payment.
F) Zero Tolerance. TNCs and taxicab companies shall implement a zero
tolerance policy on the use of drugs or alcohol applicable to any taxicab drivers employed
or affiliated with the company and any TNC drivers authorized on a TNC’s digital network.
Taxicab companies and TNCs shall provide notice of the zero tolerance policy on their
websites, if they have one, as well as the procedures to report a complaint from a
passenger about a driver from whom the passenger received for-hire transportation and
whom the passenger reasonably suspects was under the influence of drugs or alcohol
during the course of the ride. If a taxicab company or TNC does not have a website,
they must clearly post the zero tolerance policy and procedures to report a complaint in
all taxicabs or TNC vehicles owned or operated by the company or its drivers. Taxicab
companies and TNCs shall immediately suspend a driver upon receipt of a passenger
complaint alleging a violation of the zero tolerance policy and shall conduct an
investigation into the reported incident. The suspension shall last the duration of the
investigation.
G) No driver shall place additional passengers in a for-hire vehicle without first
securing the consent of the person or persons by whom it was first engaged. No vehicle
shall carry more passengers than specified in its Manufacturer’s Specifications and
available working seatbelts.
H) Nothing in this Chapter shall prohibit a taxicab company from using an
internet online enabled platform or application to connect passengers with drivers as long
as all other requirements for taxicab companies, vehicles, and drivers are met. (Ord.
4342, 2017.)
5.45A.100 FOR-HIRE (TAXICAB/TNC) BUSINESS LICENSE ADDITIONAL
REQUIREMENTS.
A) Taxicab companies and TNCs shall maintain a registered agent for service
of process in the State of Washington. The name, telephone number, and physical
address of the registered agent shall be submitted to the City of Pasco at the time of
license application. The taxicab company or TNC shall notify the City of Pasco in writing
of any changes to its registered agent during the term of the license.
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B) For-hire (Taxicab/TNC) business license may not be transferred without the
City’s prior written consent. An unauthorized transfer shall result in immediate
termination of the license. (Ord. 4342, 2017.)
5.45A.110 FOR-HIRE FARES.
A) Rates. Taxicab drivers shall prominently post rates in each vehicle and
charge accordingly. Drivers who solely operate as TNC Drivers are exempt from this
requirement. The TNC’s software application or website shall disclose to the passenger
the fare or the fare calculation method before the beginning of the prearranged ride and,
if the fare is not disclosed to the rider before the beginning of the prearranged ride,
provide the option to receive an estimated fare before the passenger enters the TNC
vehicle. A taxicab operator or driver shall charge no more than the scheduled fare. A
TNC driver shall charge no more than the disclosed fare, or the fare determined using
the disclosed calculation method, unless the passenger requests changes to the
prearranged destination or route.
B) If the fares are metered, the meters shall be annually calibrated by the
meter manufacturer’s authorized representative and a copy provided to the City upon
license renewal.
C) It shall be unlawful for any person to refuse to pay the fare for services
rendered under the terms of this Chapter. (Ord. 4342, 2017.)
5.45A.120 AUDIT. No more than twice per license year, the City may audit the
taxicab company or TNC’s records to review compliance with this Chapter. Each audit
shall be limited to records relating to 20 percent (20%) of randomly selected taxicab or
TNC drivers, up to a maximum of 20 drivers, who have operated within the last 30 days
in the City. The audit shall occur at the City of Pasco Clerk’s Office, 525 North 3rd, Pasco,
Washington; provided that the City may in its discretion agree to an alternative location.
In the event the audit reveals discrepancies in the records reviewed, the City reserves
the right to audit all of the taxicab company’s or TNC’s records relating to its affiliated
drivers operating within the City, as it is specifically related to discrepancy.
Notwithstanding the foregoing, the City may require the taxicab company or TNC to
produce records directly related to an active investigation of a specific allegation of a
violation of this Chapter. Any taxicab or TNC records reviewed by the City under this
Chapter may be designated “confidential” and are not subject to disclosure to a third
party by the City without the prior written consent of the taxicab company or TNC. (Ord.
4342, 2017.)
5.45A.130 REVOCATION, SUSPENSION AND PENALTIES.
A) The Licensing Officer, or on appeal, the Hearing Examiner, may suspend,
revoke or refuse to issue a license if the licensee or applicant has violated any of the
provisions of this Title. A violation includes any and all failures to meet or maintain any
of the requirements or qualifications set forth in this Chapter for obtaining a license and
the making of a materially false statement in the affidavit required under this Chapter.
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The decision to suspend, revoke or refuse to issue a license may be appealed to the
Hearing Examiner pursuant to PMC 2.19.
B) Upon a violation of this Chapter, a penalty assessment of $250.00 per
violation, up to a maximum of $10,000.00, may be assessed against the for-hire business,
the for-hire driver, or both. The failure of the licensee to pay an assessment automatically
suspends the license until such time as the assessment is paid. The Licensing Officer, or
designee, is hereby authorized to use any lawful means to collect penalties assessed
under this Chapter, including the use of a collection agency. Suspensions, revocations,
and penalties are suspended during the course of the appeal hearing and review unless
the Licensing Officer finds by clear and convincing evidence that the licensee or
applicant’s claim is meritless. (Ord. 4342, 2017.)
5.45A.140 DEPOT LICENSE AGREEMENT – WHEN REQUIRED. Any for-hire
business desiring to provide service at the Pasco Transportation Depot, located at 535
North First Avenue, Pasco, Washington (the Depot), shall first enter into a written Depot
License Agreement with the City. The Depot License Agreement shall grant the Operator
priority use of a City-designated passenger pickup and drop off location on the Depot
grounds. The Depot License Agreement shall authorize the City to charge fees for and
to regulate Depot use. Depot License Agreements shall be nonexclusive.
The City may deny issuance of a Depot license agreement in its sole discretion.
No operator shall provide for-hire vehicle service from the Depot grounds except as
provided herein. (Ord. 4342, 2017.)
5.45A.150 ENFORCEMENT. The Licensing Officer shall have the administrative
authority to implement and enforce this Ordinance, and may adopt rules and
regulations for its administration, not inconsistent with this Chapter. This provision
shall not be construed to abrogate or limit the jurisdiction of the Pasco Police
Department to enforce any provisions of this Chapter or of any other City Ordinance
relating to motor vehicles or the operation of taxicabs or TNC vehicles. (Ord. 4342,
2017.)
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CHAPTER 5.46 PRIVATE DETECTIVE AGENCES, PRIVATE DETECTIVES,
PRIVATE SECURITY GUARDS, AND PRIVATE SECURITY COMPANIES
Sections:
5.46.010 DEFINITIONS .............................................................................. 104
5.46.020 LICENSE REQUIRED ..................................................................... 105
5.46.030 LICENSE FEE ............................................................................... 105
5.46.040 PROOF OF STATE LICENSE REQUIRED .......................................... 105
5.46.050 TRANSFER OF LICENSE PROHIBITED ............................................ 105
5.46.060 VIOLATIONS AND PENALTIES ....................................................... 105
5.46.010 DEFINITIONS. Unless the context clearly requires otherwise, the
definitions in this section apply throughout this chapter.
A) "Armed private detective" means a private detective who has a current
firearms certificate issued by the Washington State Criminal Justice Training Commission
and is required to be licensed as an armed private detective by the Washington State
Department of Licensing.
B) "Private detective" means a person who is required to be licensed by the
Washington State Department of Licensing for employment by a private detective agency
for the purpose of investigation, escort or body guard services, or property loss prevention
activities.
C) "Private detective agency" means a person or entity required to be licensed
by the Washington State Department of Licensing to be engaged in the business of
detecting, discovering, or revealing, one or more of the following:
1) Crime, criminals, or related information;
2) The identity, habits, conduct, business, occupation, honesty,
integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity,
movement, whereabouts, affiliations, associations, transactions, acts, reputation,
or character of any person or thing;
3) The location, disposition, or recovery of lost or stolen property;
4) The cause or responsibility for fires, liables, losses, accidents, or
damage or injury to persons or to property;
5) Evidence to be used before a court, board, officer, or investigative
committee;
6) Detecting the presence of electronic eavesdropping devices; or
7) The truth or falsity of a statement or representation.
D) "Armed private security guard" means a private security guard who has a
current firearms certificate issued by the Washington State Criminal Justice Training
Commission and is required to be licensed as an armed private security guard by the
Washington State Department of Licensing.
E) "Private security company" means a person or entity required to be licensed
by the Washington State Department of Licensing to be engaged in the business of
providing the services of private security guards on a contractual basis.
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F) "Private security guard" means an individual who is required to be licensed
by the Washington State Department of Licensing in order to be principally employed as
or typically referred to as one of the following:
1) Security officer or guard;
2) Patrol or merchant patrol service officer or guard;
3) Armed escort or body guard;
4) Armed vehicle guard;
5) Burglar alarm response runner; or
6) Crowd control officer or guard. (Ord. 2841 Sec. 1, 1991.)
5.46.020 LICENSE REQUIRED. A) No private detective agency or private security
company shall do business in the City without first obtaining a license under the provisions
of this chapter. No armed private detective, private detective, armed private security
guard, or private security guard, shall do business or engage in their occupation without
first being licensed under the provisions of this chapter as a private detective agency or
private security company, as appropriate, or being employed by a private detective
agency or private security company, licensed under the provisions of this chapter. (Ord.
2841 Sec. 1, 1991.)
5.46.030 LICENSE FEE. The license fee for a private detective agency or a private
security company shall be equal to the general business licensing fee under Chapter 5.04
of this title. (Ord. 2841 Sec. 1, 1991.)
5.46.040 PROOF OF STATE LICENSE REQUIRED. The business license application
for any private detective agency or private security company shall be accompanied by a
legible photocopy of the applicant's state license issued by the Department of Licensing.
No City license shall be issued under this chapter without such proof of state licensing.
(Ord. 2841 Sec. 1, 1991.)
5.46.050 TRANSFER OF LICENSE PROHIBITED. No business license issued under
this chapter shall be transferred to any other person or entity. (Ord. 2841 Sec. 1, 1991.)
5.46.060 VIOLATIONS AND PENALTIES. Every person, whether acting as an
individual owner, employee of the owner, operator or employee of the operator, or
whether acting as a mere agent or independent contractor for the owner, employee or
operator, or acting as a participant or worker in any way directly or indirectly, who acts
in violation of any of the provisions of this chapter shall be guilty of a gross misdemeanor
and upon conviction, such person shall be punished by a fine not to exceed $5,000 or by
imprisonment for a period not to exceed three hundred and sixty-four (364) days, or by
both such fine and imprisonment. (Ord. 4019, 2011; Ord. 2841 Sec. 1, 1991.)
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CHAPTER 5.52 RUMMAGE, YARD SALES
Sections:
5.52.010 DEFINITIONS .............................................................................. 106
5.52.020 YARD SALES ................................................................................ 106
5.52.030 RUMMAGE SALES ......................................................................... 107
5.52.040 SALES IN HOSPITALS OR SCHOOLS .............................................. 107
5.52.050 VIOLATIONS ................................................................................ 107
5.52.010 DEFINITIONS. A) "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.
B) "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.
C) "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 organization. (Ord. 1499 Sec. 1, 1971.)
5.52.020 YARD SALES. A) 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
more than two consecutive calendar days.
B) Merchandise offered for sale at a yard sale must consist of used or
secondhand material owned by the person granted the permit or members of the
individual household.
C) 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
eighteen years of age or older and shall describe the location and dates of the sale.
D) 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.
E) Permits issued under this section 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 PMC Chapter 5.25.
F) Any sale shall be conducted in an orderly manner and shall not constitute a
public nuisance nor hazard to persons or property.
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G) Yard sale signs are allowed only for permitted yard sales in conformance
with PMC Section 17.050.020.(Ord. 4100, 2013; Ord. 3560 Sec. 45, 2002; Ord. 1499 Sec.
2, 1971.)
5.52.030 RUMMAGE SALES. A) 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.
B) A fee as set for the in Chapter 3.07 in this code 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.
C) 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.
D) 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 Sec. 46,
2002; Ord. 1499 Sec. 3, 1971.)
5.52.040 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 Sec. 4,
1971.)
5.52.050 VIOLATIONS. The conduct of any sale described herein without
possessions 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
five hundred dollars. Each day of violation hereof may be considered a separate offense.
(Ord. 1499 Sec. 5, 1971.)
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CHAPTER 5.56 SIDEWALK SALES
Sections:
5.56.010 PERMIT - REQUIRED .................................................................... 108
5.56.020 HOLD - HARMLESS AGREEMENT OR LIABILITY INSURANCE ........... 108
5.56.010 PERMIT - REQUIRED. No person, firm, or corporation shall conduct a
sidewalk sale, exhibit or similar event on public sidewalks, streets or other ways within
the City without first submitting an application therefore to the City Clerk and receiving a
permit therefore. Such application shall include a description of the location of such
event, the days and hours during which the public way is to be utilized, the amount of
public way proposed to be utilized, the balance (if any) of public way remaining for public
traffic and assurance that the area will be cleaned subsequent to such event. (Ord. 1500
Sec. 1, 1971.)
5.56.020 HOLD - HARMLESS AGREEMENT OR LIABILITY INSURANCE REQUIRED.
The City Clerk shall review such application and if in his opinion the public interest will
not be unduly restricted he shall notify the applicant that a permit therefore will be
granted subject to filing a satisfactory hold-harmless agreement or primary liability
insurance policy which will indemnify the City and release it from liability. Subsequent to
such filing a permit will be issued. (Ord. 1500 Sec. 2, 1971.)
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CHAPTER 5.64
Arcades-Places of Amusement. (Repealed Ord. 3262 Sec. 1, 1997.)
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CHAPTER 5.68 ATTENDANTS IN PRIVATE QUARTERS
Sections:
5.68.010 PROHIBITION .............................................................................. 110
5.68.020 DEFINITIONS .............................................................................. 110
5.68.030 EXCEPTIONS ............................................................................... 110
5.68.010 PROHIBITION. It is unlawful for any person to operate, conduct, or
maintain any premises in the City of Pasco, upon which is furnished or made available to
a patron the services or company of an attendant of the opposite sex in private quarters
for any period of time, or to knowingly conduct any business related thereto on the
premises of such a business, or to knowingly be employed on such business premises.
(Ord. 2345 Sec. 1, 1982.)
5.68.020 DEFINITIONS. For the purpose of this chapter, the following words and
phrases shall have the meanings respectively ascribed to them by this section:
A) “Attendant” means any person, who may or may not be employed at the
premises, who either:
1) Provides assistance or instruction to patrons in the use of the
equipment on the premises; or
2) Provides assistance or instruction to patrons in their use or
enjoyment of the premises.
B) “Private quarters” means any room, cubicle, booth, or any other area within
a business establishment which is advertised or represented in any manner as a place for
dressing, disrobing, sleep or rest or exercise, and which is fitted with a door that is either
capable of being locked or does not have an unobstructed opening six inches by six inches
in size capable of clear two-way viewing into an out of the room, cubicle, booth or other
such area not less than four and one-half feet from the floor nor more than five and one-
half feet from the floor.
C) “Patron” means any person on the premises who pays money or other
consideration for services furnished or available at the premises. (Ord. 2345 Sec. 2,
1982.)
5.68.030 EXCEPTIONS. This chapter shall not apply to any of the following
individuals while engaged in the personal performance of the duties of their respective
professions:
A) Physicians, surgeons, chiropractors, osteopaths, massage practitioners,
nurses, or physical therapists licensed to practice their respective profession in the State
of Washington. (Ord. 2840 Sec. 3, 1991; Ord. 2345 Sec. 3, 1982.)
5.68.040 NON-APPLICABILITY. This chapter shall not apply to any business
establishment licensed under the provisions of Chapter 5.04 of this code. (Ord. 2345
Sec. 4, 1982.)
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CHAPTER 5.70 MASSAGE BUSINESS
Sections:
5.70.010 DEFINITIONS .............................................................................. 111
5.70.020 LICENSE REQUIRED ..................................................................... 111
5.70.025 STATE LICENSED MASSAGE PRACTITIONERS ................................ 112
5.70.030 EXEMPTIONS ............................................................................... 112
5.70.040 TRANSFER OF LICENSE ................................................................ 112
5.70.050 VIOLATION AND PENALTY ........................................................... 112
5.70.010 DEFINITIONS. For the purposes of this chapter, the following words
and phrases shall have the meanings respectively ascribed to them by this section.
A) "Massage" and "massage therapy" means a health care service involving
the external manipulation or pressure of soft tissue for therapeutic purposes. Massage
therapy includes massage techniques such as methods of effleurage, petrissage,
tapotement, tapping, compressions, vibration, friction, nerve strokes, and Swedish
gymnastics or movements either by manual means, as they relate to massage, with or
without the aids of superficial heat, cold, water, lubricants, or salts. Massage therapy
does not include diagnosis or attempts to adjust or manipulate any articulations of the
body or spine or mobilization of these articulations by the use of a thrusting force.
B) "Massage practitioner" means an individual licensed under this chapter.
C) "Massage business" means the operation of a business where massages are
given. (Ord. 2840 Sec. 1, 1991.)
5.70.020 LICENSE REQUIRED. A) No person shall engage in or carry out the
business of massage or massage therapy or engage in or operate a massage business
without first applying for and receiving from the City a business license under this chapter.
B) No person may represent himself or herself as a massage practitioner
without first applying for and receiving from the City a business license under this chapter
or be employed by a massage business licensed under this chapter. A person represents
himself or herself as a massage practitioner when the person adopts or uses any title or
any description of services that incorporates one or more of the following terms or
designations: massage, massage practitioner, massage therapist, massage therapy,
therapeutic massage, massage technician, massage technology, massages, masseur,
masseuse, myotherapist or myotherapy, touch therapist, reflexologist, acupuncturist,
body therapy or body therapist, or any derivation of those terms that implies a massage
technique or method.
C) All applications for a massage business license under this chapter shall be
accompanied by a legible photocopy of the applicant's State Massage License as provided
for in RCW 18.108.030.
D) No license may be issued under this chapter without the prepayment of the
general business license fee set forth in Chapter 3.07 of this title. (Ord. 3560 Sec. 47,
2002; Ord. 2840 Sec. 1, 1991.)
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5.70.025 STATE LICENSED MASSAGE PRACTITIONERS. It is unlawful for any
person(s) or business licensee to employ or contract with anyone not licensed under RCW
18.08.030 to perform massage or massage therapy. (Ord. 2840 Sec. 1, 1991.)
5.70.030 EXEMPTIONS. This chapter does not apply to:
A) An individual giving massage to members of his or her immediate family;
B) The practice of a profession by individuals who are licensed, certified, or
registered under the laws of this state and who are performing services within their
authorized scope of practice;
C) Massage practice at the athletic department of any institution maintained
by the public funds of the state; or any of its political subdivisions;
D) Massage practice of the athletic department of any school or college
approved by the Washington State Department of Licensing by rule used and recognized
national professional standards. (Ord. 2840 Sec. 1, 1991.)
5.70.040 TRANSFER OF LICENSE. No license or permit shall be transferable. (Ord.
2840 Sec. 1, 1991.)
5.70.050 VIOLATION AND PENALTY. Every person, except those persons who
are specifically exempted by this chapter, whether acting as an individual owner,
employee of the owner, operator or employee of the operator, or whether acting as a
mere agent or independent contractor for the owner, or acting as a participant or worker
in any way directly or indirectly who gives massages or operates a massage business, or
any of the services defined in this chapter, without first obtaining a license or permit and
paying a fee to do so as required by this chapter, or violates any provisions of this chapter,
shall be guilty of a gross misdemeanor and upon conviction, such person shall be
punished by a fine not to exceed $5,000 or imprisonment for a period not to exceed three
hundred and sixty-four (364) days, or by both such fine and imprisonment. (Ord. 4019,
2011; Ord. 2840 Sec. 1, 1991.)
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CHAPTER 5.76 CABLE COMMUNICATIONS
Sections:
5.76.010 VIOLATIONS - PENALTY ............................................................... 113
5.76.010 VIOLATIONS - PENALTY. A) It is unlawful for any person to construct,
install or maintain within any public right-of-way in the City, or within any other public
property of the City, or within any privately owned area within the City which has not yet
become a public right-of-way but is designated or delineated as a proposed public right-
of-way on any tentative subdivision map approved by the City, any equipment or facilities
for distribution any television signals or radio signals through a cable communications
system, unless a franchise authorizing such use of such street or property or area has
first been obtained pursuant to the provisions of Ordinance 2428, and unless such
franchise is in full force and effect.
B) It is unlawful for any person, firm or corporation to make or use any
unauthorized connection, whether physically, electrically, acoustically, inductively or
otherwise with any part of any cable communications system within this City for the
purpose of enabling himself or others to receive or use any television signal, radio signal,
picture, program, sound, information or other system service without payment to the
owner of the system.
C) It is unlawful for any person, without the consent of the grantee, to willfully
tamper with, remove or injure any cables, wires or equipment used for distribution of
television signals, radio signals, pictures, programs, sound, information, data or other
system service.
D) Any person who is convicted of violating or failing to comply with any of the
provisions of this section shall be punished by a fine of not more than five hundred dollars
and/or one hundred eighty days in jail. (Ord. 2428 Sec. 17, 1983.)
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CHAPTER 5.78 RENTAL LICENSE
Sections:
5.78.010 LICENSE REQUIRED ..................................................................... 114
5.78.020 INSPECTION REQUIRED ............................................................... 114
5.78.030 VIOLATIONS ................................................................................ 116
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 5.04.160(a)
of this title below without securing and maintaining a current business license as required
by this title. (Ord. 3231 Sec. 2, 1997.)
5.78.015 DEFINITIONS. 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 payable for each independent business location and the first unit and 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 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. 3560 Sec. 6, 2002; Ord. 3325 Sec. 1,
1998; Ord. 3231 Sec. 1, 1997; Ord 2992, Sec. 1, 1994.)
5.78.020 INSPECTION REQUIRED. A) As a condition for the issuance of a license
provided by this chapter, the applicant shall provide a certificate of inspection that all of
the applicant’s rental dwelling units comply with the standards of the Uniform Housing
Code and do not present conditions that endanger or impair the health or safety of a
tenant including:
1) Structural members that are insufficient in size or strength to carry
imposed loads with safety;
2) Exposure of the occupants to the weather;
3) Plumbing and sanitation defects that directly expose the occupants
to the risk of illness or injury;
4) Lack of water, including hot water;
5) Heating or ventilation systems that are not functional or are
hazardous;
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6) Defective, hazardous, or missing electrical wiring or electrical
service;
7) Defective or inadequate exits that increase the risk of injury to
occupants;
8) Violations that increase the risks of fire; or
9) Violations of other applicable codes, rules or regulations.
B) Timing of inspection. To facilitate the availability of an inspection by each
applicant, at the time of application, an inspection renewal period shall be established
upon which the applicant shall submit its initial certificate of inspection and the
corresponding renewal date of the certificate of inspection two years thereafter. The
renewal periods shall be divided into calendar quarters over a two year period and
assigned to the applicant at the time of registration on a rotational basis. The first
calendar quarter shall commence on the first date of January, terminating on the last day
of March; the second calendar quarter shall commence on the first day of April and
terminate on the last day of June; the third calendar quarter shall commence on the first
day of July and terminate on the last day of September; and the fourth calendar quarter
shall commence on the first day of October and terminate on the last day of December,
with one half of which shall be scheduled in years ending with an even digit and the
remaining half being scheduled in years ending with an odd digit. Certificates of
inspection shall be submitted no later than the last day of the applicant’s assigned
calendar quarter. During the first two years of the implementation of this ordinance, the
applicant shall be granted a provisional business license pending the timely submission
of its initial certificate of inspection.
C) Inspectors. The applicant shall submit a certificate of inspection based
upon the physical inspection of the dwelling units conducted not more than 90 days prior
to the date of the certificate of inspection and compliance certified by the following:
1) A City of Pasco Code Enforcement Officer;
2) Inspectors certified by the United States Department of Housing and
Urban Development for grant-required inspections;
3) Certified private inspectors approved by the City upon evidence of
completion of formal training including the passing of an examination administered
by the National Association of Housing and Redevelopment Officials (NAHRO), the
American Association of Code Enforcement (AACE) or other comparable
professional association as approved by the Director of Community Development
which approval or denial shall be subject to appeal to the Code Enforcement Board;
4) A Washington licensed structural engineer;
5) A Washington Licensed architect.
All inspection certifications shall be submitted on forms provided by the City
or approved by the United States Department of Housing and Urban Development.
D) Other inspections. Nothing herein shall preclude such additional inspections
as may be conducted pursuant to the tenant remedy provided by RCW 59.18.0115 of the
Residential Landlord-Tenant Act; at the request or consent of a tenant, or issued pursuant
to a warrant. (Ord. 3231 Sec. 2, 1997.)
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5.78.030 VIOLATIONS. A) Any person violating any of the provisions or failing
to comply with any of the requirements of this chapter, shall upon a finding that the act
or omission had been committed, be punished by a fine of not more than $500 dollars
and shall be guilty of a code infraction. Each such person is guilty of a separate code
infraction for each and every day during any portion of which any violation of any
provision of this chapter is committed, continued, or permitted by such person and shall
be punished as aforestated.
B) Any person who knowingly submits or assists in the submission of a falsified
certificate of inspection, or knowingly submits falsified information upon which a
certificate of inspection is issued, shall, in addition to the penalties provided in
subsection(A) above be guilty of a gross misdemeanor for each and every day during any
portion of which any violation of this sub-section shall be committed.
C) In addition to the penalties provided above, any violation of this chapter
may result in the revocation of the business licenses provided in this title. Any violation
of this chapter including, the determination by the City, after an inspection of the dwelling
unit, that a condition exists which substantially endangers or impairs the health or safety
of a tenant may, in addition to the penalties provided above, result in the issuance of a
notice of civil violation by subject to the penalties as imposed under the provisions of this
code. (Ord. 4019, 2011; Ord. 3231 Sec. 2, 1997.)
CHAPTER 25.66 HOME OCCUPATIONS
Sections:
25.66.010 PURPOSE................................................................................... 102
25.66.020 PROHIBITED HOME OCCUPATIONS ............................................ 102
25.66.030 APPLICATION REQUIREMENTS- FEE ............................................ 102
25.66.040 ENVIRONMENTAL STANDARDS ................................................... 103
25.66.050 ADMINISTRATIVE DECISION ...................................................... 104
25.66.060 APPEAL ..................................................................................... 104
25.66.070 REVOCATION OF LICENSE- APPEAL ............................................. 104
25.66.080 COMPLAINTS ............................................................................. 104
25.66.090 TRANSFER OF LOCATION ........................................................... 104
25.66.010 PURPOSE. A home occupation chapter is established to provide a
means whereby the conduct of business may be permitted as a use accessory to an
established residence within a residential district. The purpose is to create an
administrative framework to authorize such uses that do not pose a disruption to or
conflict with the existing and planned residential environment. (Ord. 3354 Sec. 2, 1999.)
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25.66.020 PROHIBITED HOME OCCUPATIONS. Due to the increased possibility
for generating hazardous or nuisance conditions, the following uses and those similar in
nature shall not be permitted as home occupations: Dog boarding/kenneling; vehicle
repair and/or maintenance; rebuilding motors; painting vehicles; welding; sheet metal
shops; upholstering; firewood cutting and any group H Occupancy as defined in the
International Building and Fire Code adopted by the City. (Ord. 4301, 2016; Ord. 3354
Sec. 2, 1999.)
25.66.030 APPLICATION REQUIREMENTS - FEE. (1) Applications for home
occupation license shall be made through the Business Licensing Service in accordance
with all provisions of Title Chapter 5.04 of this code., upon forms provided by the City
Clerk. The complete application will be provided to the City to be forwarded to the City
Planner for review and approval. If additional information forms or fees, other than what
is submitted to the Business Licensing Service, are required to complete the City review
and approval of the application, the City will contact the applicant for such additional
information directly; such The form shall include, but not be limited to, the following
information as:
(a) Name, mailing address and phone number of applicant.
(b) Legal description and street address of the property.
(c) Kinds and amounts of supplies, materials and equipment to be used and
the locations where they will be stored or used upon the premises.
(d) Description of all activities involved in the business and how the business
will operate.
(2) Business license fees for home occupations shall be in accordance with Title
5 of this code. An additional twenty-dollar fee shall be required for any business license
that requires an on-site inspection to determine compliance with Section 25.66.040. (Ord.
3354 Sec. 2, 1999.)
25.66.040 ENVIRONMENTAL STANDARDS. All home occupations shall conform to
the following standards:
(1) Be clearly subordinate to the principal use of the property for residential
purposes;
(2) Not involve modification of the property or exterior of its structures that
indicates other than residential uses of the premises;
(3) Is performed entirely within a permanent structure upon the premises;
(4) No signs, display or other advertisement upon the property;
(5) No media or other off-premises advertising shall give the address or location
of the home occupation;
(6) No outside storage of materials, supplies, products or by-products, or
equipment, except a single occupational vehicle not exceeding 14,000 pounds Gross
Vehicle Weight (GVW);
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PMC Title 5 5/1/2017 118
(7) Be conducted solely by persons residing within the dwelling unit upon the
premises, subject to the definition of family;
(8) Except for articles produced thereon, no merchandise, products, goods or
wares may be displayed or offered for sale upon the premises;
(9) Client access to residential location shall be limited to the following
restrictions:
(a) Client visits shall be limited to four hours per client visit per day.
(b) Client visits shall be limited to the hours between 8:00 am and 8:00 pm.
(c) Client automobile traffic shall be limited to two client vehicles on-site at any
given time.
(10) No more than 8 customer vehicles may visit the dwelling in a given day;
(11) Noise generated by the home occupation, detectable at any property line,
shall not be in excess of the following standards:
(a) 8:00 am. to 8:00 p.m.: 55 dba.
(b) 8:00 p.m. to 8:00 am.: 45 dba.
(12) No material or substance which is explosive, highly flammable, corrosive,
radioactive or toxic shall be stored, created, utilized or discarded in any way without prior
knowledge of and written approval by the city; provided the means or methods necessary
for safety purposes do not conflict with other standards established herein;
(13) The home occupation shall not generate light or glare, vibration, fumes or
odors, or permit other conditions to occur or be present, which annoys, injures, or
endangers the comfort, health, repose, decency or otherwise comfortable enjoyment of
life and property of neighboring or surrounding residents, in accordance with the intent
of this chapter and nuisances as defined in Chapter 9.60 of the Municipal Code.
(14) The home occupation shall not occupy more than twenty (20) percent of
the gross floor area of the residence. All of an attached or detached garage may be used
for a home occupation provided the area of the garage to be utilized does not exceed six
hundred (600) square feet. (Ord. 4301, 2016; Ord. 4110, 2013; Ord. 3354 Sec. 2, 1999.)
25.66.050 ADMINISTRATIVE DECISION. (1) Within ten working days of the date
an application is received by the City and forwarded to the City Planner, the City Planner
or his/her duly authorized agent shall render a decision to approve or deny the application
for home occupation license, unless the applicant agrees to an extension. In no case shall
the date of decision exceed thirty calendar days from the date the application is received.
(2) If the decision of the City Planner is to deny the application, notification to
the applicant shall include findings in support of the City Planner's decision and the
applicant's rights of administrative appeal. The written decision shall be mailed promptly
to the applicant by certified mail. The date of receipt by the applicant shall be the date
the applicant is notified of the City Planner's decision. If no appeal is received, in
accordance with Section 25.66.060, the decision of the Planner is final. (Ord. 3354 Sec.
2, 1999.)
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PMC Title 5 5/1/2017 119
25.66.060 APPEAL. An appeal of the City Planner's decision to deny a home
occupation shall be reviewed by the Hearing Examiner in accordance with Sections
2.19.090 through 2.19.110. Appeals may only be filed by the applicant. (Ord. 4110, 2013;
Ord. 3354 Sec. 2, 1999.)
25.66.070 REVOCATION OF LICENSE - APPEAL. A home occupation may be
revoked by the City Planner if the City planner finds the home occupation no longer
conforms to the environmental standards set forth under Section 25.66.040 or is a public
nuisance as defined in Chapter 9.60 of this code. The license holder may file written
appeal of the City Planner's decision in accordance with Section 25.66.060. (Ord. 3354
Sec. 2, 1999.)
25.66.080 COMPLAINTS. Any person may file a written complaint regarding a
home occupation. Any written complaint received shall cause the City Planner to
investigate the conditions upon which the complaint is based to determine if the home
occupation is in compliance with the provisions of this chapter. If the investigation results
in a decision to revoke a home occupation license, the revocation shall occur in
accordance with Section 25.66.070. (Ord. 3354 Sec. 2, 1999.)
25.66.090 TRANSFER OF LOCATION. No home occupation may be transferred
to a different location without first obtaining a new home occupation license authorizing
its conduct at the proposed location by submitting a new business license application
through the Business Licensing Service. (Ord. 3354 Sec. 2, 1999.)
Page 151 of 169
AGENDA REPORT
FOR: City Council November 21, 2017
TO: Dave Zabell, City Manager Workshop Meeting: 11/27/17
FROM: Bob Metzger, Police Chief
Police Department
SUBJECT: Transportation Network Companies
I. REFERENCE(S):
Memo Referencing Recent TNC News Stories
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
In December 2016, the first TNC in the Tri Cities, UBER, began operation in Benton
County. Pasco was contacted by UBER to determine the process of obtaining a
business license to operate in Pasco as well.
Staff met with a representative from UBER and changes to the PMC 5.45 were
discussed to accommodate the operation of TNCs in Pasco. At the conclusion of these
discussions a proposed amendment to PMC 5.45 was presented to the City Council for
review at a workshop meeting on January 23, 2017.
Following the January 23 workshop meeting, representatives of UBER contacted staff
to express concerns about the proposed amendment(s) to PMC 5.45A. A follow up
meeting was held on February 3. During this meeting UBER informed staff that they
were opposed to fingerprinting of drivers and did not support the proposed amending
ordinance. They further informed staff that if the city insisted on fingerprinting, UBER
would not do business in the City of Pasco and there was no room for compromise.
Council discussed the proposed ordinance regulating taxicab and Transportation
Page 152 of 169
Network Companies (TNCs) on February 6, and a vote to approve the new regulations
failed to pass on a 3-4 vote. The proposed regulations included a provision for the
Police Department, as part of the licensing requirement for individual drivers, to
require fingerprints of first-time applicants in order to verify identity and prior criminal
convictions. (An earlier proposed amendment to the regulations, removing the
fingerprinting requirement for TNC drivers, but keeping it in place for taxicab drivers,
also failed on a 3-4 vote.)
With the failure of the passage of the new regulations on February 6, staff provided
additional information on fingerprinting, as a procedure to verify identity with greater
accuracy, and a list of numerous employment categories, in the State of Washington,
which require fingerprints by statute, for Council discussion on February 27. At that
time Council considered three alternatives:
1. Recommended action - adopt the proposed ordinance which maintains the
fingerprint requirement for taxi drivers and establishes the same standard for
TNC drivers; or
2. Delete the fingerprint requirement for all drivers (TNC and Taxi) and pass the
ordinance as amended; or
3. Delete the fingerprint requirement for TNC drivers and pass the ordinance as
amended.
At the regular meeting of April 3, Council approved alternative 1 above, maintaining
the fingerprint requirement for both taxicab and TNC drivers on a 4-3 vote.
At the October 30 Council meeting, the Council scheduled this topic for further
discussion at the November 27 workshop.
V. DISCUSSION:
To date there has been little objection to the fingerprinting from potential drivers, the
primary objection to this requirement remains from UBER corporate. Staff is aware
that there has been discussion in the community about TNCs and further information is
being requested.
Staff has reviewed the issue of fingerprinting of drivers as part of a police background
check as is currently required of taxi drivers. Staff has also reviewed information
regarding the reluctance on the part of major TNCs to submit to fingerprinting of
drivers. The information found is attached to this report.
Currently the Police Department signs off on all background checks of taxi drivers.
The background check is conducted by the Police Department and is only conducted
the first time the driver applies for a license. Once this process is completed the driver
is issued a license to operate which is signed by the Police Chief. This background
check is conducted by way of biometrics or fingerprints.
Page 153 of 169
The largest TNC, UBER, has maintained that a company of its choosing (and subject to
approval by the Police Department, per the City’s ordinance) should conduct the
background checks on potential drivers, minus fingerprints, and then the police can
sign off on what they have done. Staff is concerned that without use of a biometric, like
fingerprinting, identity of the subject is not certain and identity theft is a concern. As
identity theft is one of the fastest growing crimes in the country, without fingerprinting,
the identity of the potential driver is still in question. UBER conducts their background
checks entirely online and there is no direct or face to face contact with potential
drivers. Fingerprints are the only viable way to assure that the person subject to the
check is who they say they are. In addition fingerprint backgrounds get into more data
bases to determine the true background of a potential driver.
As Council is well aware, there has been an ongoing debate in the country, and
internationally, regarding some of the alleged practices of UBER. Much of the
discussion centers around the adequacy of the background checks performed for the
company (see attached memo with recent news articles). For example, as shown in the
attached information, the state of Maryland disqualified 15% of drivers that UBER had
cleared simply by conducting a more thorough background that did not include
fingerprint verification. This kind of evidence is cause for concern that the Police Chief
signing off on a background check which is conducted by another entity (i.e. UBER),
without the underlying security of identification that comes with a fingerprint
requirement, gives the public the impression that a “police” background check has
occurred and the impression that the driver has been thoroughly vetted.
Staff has been very diligent in reviewing this information, as any ordinance passed by
Council, will apply to all TNCs. The thoroughness of background checks may vary
greatly between TNC companies requiring careful consideration in what constitutes an
acceptable background check outside of what is currently required.
Additionally, Council may wish to consider that if the PMC were to be amended to
provide that the Police Department have no role in the conduct of the background
check, there is no value added, and the possibility of providing the public the wrong
impression if the Police Chief remains a signatory on TNC driver permits.
As noted above, since it appears that fingerprinting remains the primary issue with the
proposed regulation, staff offers two alternative options for Council to consider:
1. Discuss and affirm the fingerprint requirement for all drivers (taxicab and TNC)
leaving the requirement as currently in force; or
2. Provide direction regarding the removal of the fingerprint requirem ent for all
drivers or for one class of drivers (either taxicab or TNC) and direction on how
approvals for non-police verified background checks will be processed and, if
the company doing such checks shall be subject to police approval. In the event
this option is selected, staff will bring back an ordinance amending the code as
directed.
Page 154 of 169
MEMORANDUM
November 22, 2017
TO: City Council
FROM: Dave Zabell, City Manager
RE: Recent Articles Regarding Transportation Network Companies
Per Council direction, the matter of TNCs is scheduled for discussion at your November 27
Workshop. The agenda report and attachments represent considerable effort by staff, specifically
the Police Chief, Crime Analyst and Deputy City Manager. There is a significant amount of
updated information from the time Council considered the TNC requirements in early 2017.
The Police Chief and key staff continue to have concerns about the adequacy of background
checks for TNC drivers where fingerprints are not included as a required element to confirm
identity. As suggested in the agenda report, should Council choose to eliminate the fingerprint
requirements from PMC, staff also suggests that consideration be given to limiting/eliminating
the Police Department signoff on the TNC drivers licenses so as not to imply that the driver has
been reviewed and approved by the Police Department, as such could provide a prospective
customer a false sense of safety.
As a company, Uber and its pseudo-employees continue to make headlines across the nation and
internationally. Below is a sampling of some relatively recent articles which underscore the
concern for having adequate checks and balances in place regarding TNCs. This matter has been
discussed on numerous prior occasions and which have resulted in multiple 4-3 votes. Clearly
this is a controversial and difficult issue for the City Council. The Chief has provided his
judgment and expertise in the matter. Ultimately the decision is the City Council’s and should
the Council decide differently on this matter than it has previously, staff will dutifully implement
and defend Council’s direction.
It is not lost on me that additional information holds the potential of complicating the decision-
making process. In supplying the materials herein, and within the agenda report, staff is
attempting to provide Council with as complete a set of information as is possible.
List of Articles:
Uber sued by rider alleging rape; driver said to have violent past (11/16/17)
www.cnet.com
“A handful of states, including California, Massachusetts, Maryland and Texas, have
previously launched investigations into Uber, alleging that the company routinely fails to
adequately screen drivers and has hired drivers with criminal histories.”
Page 155 of 169
City Council
RE: Recent Articles Regarding Transportation Network Companies
November 22, 2017
Page 2 of 10
Lawyer to Uber: Turn over data on rape, assault reports from riders (11/14/17)
www.money.cnn.com
“Attorney Jeanne Christensen from employment law firm Wigdor LLP, who brought the
case, is calling on Uber to release data that proves to customers that it is, in fact, statistically
safe to ride in an Uber…The suit asks for an injunction that would direct the company to
make changes to its screening process, as well as implement new monitoring of drivers to
protect riders from rape, assault, and gender-based harassment. Uber has in the past shunned
the idea of fingerprint-based background tests in most markets, saying the checks can be
costly and slow, and impact the company's ability to constantly bring on new drivers.
Questions about how the company screens its drivers were raised again earlier this month
after the suspect in a terror attack in Manhattan was revealed to be a driver for both Uber and
Lyft.”
Uber is facing a class action lawsuit from U.S. riders alleging assault [same lawsuit]
(11/14/17)
www.recode.net
“Uber has done everything possible to continue using low-cost, woefully inadequate
background checks on drivers and has failed to monitor drivers for any violent or
inappropriate conduct after they are hired. Nothing meaningful has been done to make rides
safer for passengers — especially women. This is no longer an issue of “rogue” drivers who
act unlawfully.”
Uber’s Bitterest City Council Foes Finally Have the Votes for a Crackdown (11/15/17)
www.portlandmercury.com
“As Uber’s permit with the City of Portland nears expiration, city council is signaling a
willingness to more severely regulate it and other so-called transportation network companies
(TNCs).”
Uber slapped with ADA lawsuit from wheelchair-using New Orleanians (11/26/17)
www.nola.com
“"They're a smart, forward-thinking company on a lot of fronts," Bizer said over the phone
Thursday. "But when it comes with doing some real work toward complying with federal
civil rights, they're severely lacking."”
FOX40 Investigates: Are Background Checks for Ride-Hailing Drivers Strong Enough?
(11/15/17)
www.fox40.com
“As for fingerprint background checks, which can check for all criminal history in a driver's
adult life, the CPUC [California Public Utilities Commission] opted not to require those for
ride hailing drivers. Proponents have argued fingerprinting background checks are the best
way to protect passengers because they allow companies to look at a more complete criminal
history.”
Eugene opens door for return of Uber (11/14/17)
www.registerguard.com
Page 156 of 169
City Council
RE: Recent Articles Regarding Transportation Network Companies
November 22, 2017
Page 3 of 10
“Eugene city councilors Monday night opened the door slightly for a possible return of Uber.
They agreed to schedule a future work session to discuss possible changes to city policy and
regulations on driver background and vehicle checks and insurance requirements that Uber
and other ride-hailing services might find more palatable.”
Objections to Uber’s use of a private background check are frequent by government
administrators, politicians and prosecutors. The objection is based on the impossibility to
positively identify an individual, and to be able to access FBI criminal history for the correct
person and not a fraudulent person. The private background checks done by Uber can never
match the physical identity issue of fingerprinting nor the extensive criminal arrest and
conviction history found in FBI records. Also FBI records are immediately updated with
new criminal history data for individuals, which is not capable of being done by Uber private
checks. http://www.baltimoresun.com
As stated by Maryland PSC Director of Transportation, there are basically three major criticisms
of Uber’s private background checks:
1. (Flaws in) Uber’s and Lyft’s processes for ensuring that the applicant is not providing
false identifying information.
2. The limitations on the time period covered by a review of the applicant’s record.
3. The lack of criminal activity updates.
Administrative action has been taken by the State of Maryland and Massachusetts has passed
a new law related to TNC’s. Maryland has taken an additional step of auditing Uber/Lyft
background checks, and on that basis has rejected a large number of applicants. Based on a
new 2016 law, Massachusetts has a two tiered system involving the private background
check by Uber followed by an addition background check by the MA administration. MA
charges surtax of $0.20 per ride. http://www.wigdorlaw.com (new lawsuit dated 11/14/17
against Uber Technologies Inc.) https://www.washingtonpost.com
Uber has a history of always denying service to an area/jurisdiction that requires fingerprint-
based background checks. Uber believes the fingerprint-based checks are too cumbersome
for their company. Sometimes Uber will state that fingerprint-based background checks
promote discrimination. This statement has not been proven according to San Francisco and
Los Angeles District Attorneys. LA and SF District Attorneys have filed lawsuits against
Uber for False Advertising involving its background checks. Uber later settled out of court.
Uber/Lyft currently uses Checkr and Sterling Infosystems for background checks.
https://www.bostonglobe.com
Several states have passed laws related to Uber practices regarding private background
checks that have over-ridden municipal ordinances. The concept is normally to standardize a
state which has a “patchwork” of municipal ordinances. Analyst Note: Frequently states
compromise with TNC’s to eliminate a finger-print based background check for TNC
drivers, which is a key issue. Example: http://www.mercurynews.com
Page 157 of 169
City Council
RE: Recent Articles Regarding Transportation Network Companies
November 22, 2017
Page 4 of 10
Question 1: What was the criminal history of the Uber drivers below and could a fingerprint-
based background check have prevented these persons from driving for Uber? (Name, age, and
criminal history for each incident in italics):
10/17/17 Saint Augustine, FL: A Saint Augustine Uber driver was arrested for simple
battery after an altercation with passengers. The report said the driver pulled a small knife on
the passengers. (The Saint Augustine Record) Offender: Ronald Patterson DOB 4/12/65,
age 52. 1. 12/15/97/Improper Exhibition of a Weapon (Felony) Found Guilty St. Johns
County, FL; 12/15/16 Possession of a Firearm by a Felon (Felony) No Action St Johns
County, FL; 4/3/00 Battery (Misdemeanor) Found Guilty St. Johns County, FL; 4/3/00
Unlawful Exhibition of a Firearm St. Johns County, FL Transferred to another court;
3/10/00 Aggravated Assault St. Johns County Transferred to another court; 9/20/01
Aggravated Fleeing from a Law Enforcement Officer (Felony) Adjudication Withheld. Note:
A fingerprint-based background check would have detected the above convictions and would
have prevented Patterson from becoming an Uber driver. https://www.news4jax.com
10/9/17 Athens, GA: An Uber driver was arrested for voyeurism involving a Georgia
sorority. Police are investigating the suspect’s crimes back to 2013. The suspect used his
Uber job to locate victim targets. (The Augusta Chronicle). Offender: Patrick McElroy age
30 Augusta police later linked McElroy to 4 charges of voyeurism, 16 burglary cases and 5
larcenies (Augusta Chronicle). http://chronicle.augusta.com
September 2017 Escondido, CA: Several crimes involving several victims occurred,
involving an Uber driver suspect, who was later arrested and charged with Sexual Battery.
The Uber driver had picked up one of the victims from Palomar University to be taken to
Escondido. The driver sexually assaulted the victim. Several other victims were identified in
separate cases. (The San Diego Union-Tribune) Offender: Jeremy George Vague DOB
6/4/79 age 37. Escondido Police stated that Vague’s only conviction was a theft over 15
years ago, involving theft of golf clubs. I located criminal history for Vague showing he had
a conviction for Vehicle Burglary in Utah in 2002; Also, Vague had a traffic citation in San
Marcos, CA, was arrested and paid $1385 bail. http://www.sandiegouniontribune.com
8/16/17 Tulsa, OK: An Uber driver was arrested for raping a passenger that was passed out
in the vehicle. (NEWSON6 News) Offender: David Knight age 62. KJRH News said they
looked into Knight’s criminal history and could find nothing that would disqualify Knight
from being an Uber driver. I was able to find several Misdemeanor convictions including:
DUI/Alcohol Wilberton, OK 4/28/95 (This would have disqualified Knight if detected);
Possession Drug Paraphernalia 8/19/02 Tulsa; Violation Protection Order 5/4/02 Tulsa-
Dismissed; Driving with License Suspended 5/4/02 Tulsa. http://www.newson6.com
6/26/17 Gainesville, FL: An Uber driver sexually assaulted a passenger and was charged
with simple battery. (The Gainesville Sun) Offender-Edwin Ricci age 66. Criminal History-
7/20/89 Worthless Check (Felony), Alachua Co. FL; 8/9/05 Traffic/Speeding; Battery
6/20/17 Alachua Co. FL. (TLO) Note: The 7/20/89 conviction would have prevented Ricci
from being an Uber driver if the background check went back that far.
http://www.gainesville.com
Page 158 of 169
City Council
RE: Recent Articles Regarding Transportation Network Companies
November 22, 2017
Page 5 of 10
6/23/17 Hollywood, CA: An Uber driver was arrested by LAPD for Kidnapping to Commit
Rape, Rape of an Unconscious Person, and Rape by Use of Drugs, involving the violent rape
of an adult female passenger victim. (NBC News) Offender: Alaric Spence age 43. LAPD
stated that Spence had five felony convictions, all drug-related. Any of these convictions, if
detected, should have disqualified Spence from being an Uber driver. Criminal history:
1997 Sacramento Possession Marijuana for sale-found guilty; 1994 Possession of Cocaine
for sale, Sacramento, Guilty.
5/8/17 Kissimmee, FL: An Uber driver picked up a 14 year old female and drove the victim
to a remote area, where the driver sexually assaulted the victim. The driver was arrested for
sexual assault. (ABC News); Offender-David Pena-Melo age 21 DOB 11/12/89. Criminal
History: 5/8/17 Sexual Battery charges filed (current offense) FL-no Disposition to date.
http://abc7.com
2/8/17 Sarasota, FL: An Uber driver was arrested for possession of bomb-making materials.
(WBIPI News) Offender: Christian Noda age 21. 3/17/16 Possession Drug Paraphernalia
and Possession of Cannabis under 20 grams. Osceola Co. FL Misdemeanor-Guilty.
http://wfla.com
Example #1:
The new Maryland rules failed in a recent incident in Pontiac, MD which occurred on
10/31/16 involving a violent rape offense and subsequent charges:
A 40 year old restaurant manager attempted to rape one of his employees at a Pontiac, MD
Restaurant. The woman was able to escape and called police. Cesar Leon, age 40 was
arrested and charged with Rape 2nd, Assault 2nd, and False Imprisonment. Leon had been
employed five years with the restaurant.
Leon was released on bail and was fired from the restaurant. Leon got a job as an Uber
driver to make ends meet. Leon transported passengers in the Washington DC area for
about three weeks [after being released on bail]. The background check did not detect the
arrest or court bail release for the felony rape, felony assault, and false imprisonment
charges as the rape charges were too new for the private background check to detect.
Leon had been arrested and charged with DUI in January 2012, but the charges were
dropped, so no other charges or driving offenses were in the MD state database. Therefore
the criminal case could not be detected by private databases. Analyst Note: Both the DUI
and the new violent charges would have been detected by a fingerprint-based NCIC criminal
history check.
ABC7 news contacted Uber about the charges related to Leon and the bail release
information. Uber immediately removed Leon as a driver. ABC7 contacted Leon who said he
enjoyed driving for Uber, but referred all information to his attorney, of whom he would not
disclose the name of.
Page 159 of 169
City Council
RE: Recent Articles Regarding Transportation Network Companies
November 22, 2017
Page 6 of 10
This case shows the weakness of Uber’s background check policy. A fingerprint-based
background check would have detected this new violent rape charge and the 2012 DUI
charge. WJLA News (Washington DC) article dated January 5, 2017 http://wjla.com
Example #2:
5/18/16 Gaitherburg, MD—An Uber driver with an extensive felony criminal history was
arrested for attempting to shoot and kill Montgomery County Police officers with a home-
made gun. Jonathan Hemming, 52, of Gaithersburg was charged with Attempted Murder 1st,
Attempted Murder 2nd, and 17 additional drugs and weapons charges. Hemming is an Uber
driver who was assigned by Uber for the same vehicle in which the home-made gun was
found [by police]. (ABC7 News)
In checking criminal history for Hemming, I found extensive crimes too numerous to list.
Some highlights: Narcotics Possession Maricopa County, AZ Pled to other charges;
Possession of Weapon and Passing Bad Checks-OH served 1 year prison; 3/10/03 Convicted
Assault 2nd (Felony) Montgomery, MD; 12/6/02 Possession Controlled Substance-Not
Marijuana Found Guilty Rockville, MD; 4/11/03 Possession Drug Paraphernalia Pled
Guilty Rockville, MD; 8/27/04 Convicted Felony Theft over $500 Prince Georges, MD;
8/27/04 Convicted Felony Theft over $500 Howard County, MD; 5/28/15 Possession Forged
Prescription Guilty Washington DC; Unknown Date-Possession drugs without a
prescription Waukesha, WI; Unknown date-Robbery Sentenced Summit, OH (TLO).
Note: There is really no explanation why Hemming was not barred as an Uber Driver from a
private background check. A spokesman from Uber at an Uber press conference related to
the above incident was contacted by ABC7 news who said, “I can say that we take this
responsibility extraordinarily serious.” (ABC7 News) http://wjla.com
Question 2: Concerning Massachusetts and Maryland screening Uber/Lyft drivers:
Massachusetts passed a new law related to Transportation System Companies (TSC) sub-
contractors (i.e. Uber/Lyft drivers). This new law was signed into law 8/5/16.
Details of the new Massachusetts Law:
1. A new surcharge for TNC rides at $0.20 per ride. This surcharge is slated to be
eliminated after 10 years.
2. Applicant must submit to background check: New 2-Tiered background checks. Neither
of these background checks requires fingerprinting.
A. Private background check by TNC (Uber/Lyft).
B. Government background check by the Massachusetts Department of Utilities. Check
criminal history and if the applicant is on the registry of sex offenders.
C. MA official stated that, [the background check] “…is the strongest state background
check of drivers in the nation.” (CBS Boston)
3. Inspection of Vehicles determined by state officials and law enforcement.
4. Driver must carry $1 million liability insurance.
Page 160 of 169
City Council
RE: Recent Articles Regarding Transportation Network Companies
November 22, 2017
Page 7 of 10
5. Airports are approved for TNC service.
6. TNC sub-contract vehicles must display a decal.
7. A commercial license plate is required for TNC vehicles, the same that taxis currently
have.
8. TNC sub-contractors must accommodate riders with special needs without extra charge.
9. Transportation fare estimates must be posted clearly and conspicuously to customers.
10. New record-keeping requirements.
11. TNC must report incidents new incidents. http://www.masslive.com
Maryland Administrative Rules:
The Maryland Public Safety Commission (PSC) is currently in charge of screening TSC
(Uber/Lyft) drivers. The PSC uses a “PSC Administrative Ruling” to establish criteria for
screening TSC (Uber/Lyft) applicants. Maryland has evidently changed these administrative
rules at least three times since 2015. The changes have drawn criticism from Uber/Lyft. In
November 2016, the PSC conducted hearings for three days on the issue of background
checks of TSC (Uber/Lyft) drivers. Uber has threatened to pull out of Maryland if a
fingerprint-based background check is used. The conclusion of the Maryland PSC was
“…neither fingerprinting nor commercial background checks are completely comprehensive
and accurate.” (Washington Post)
Under the PSC administrative rules the screening process is done without a fingerprint-based
background check system. Under the new rules:
1. The Maryland State PSC must give a 60-day notice of changes in the screening process.
2. Uses the same current method that Uber/Lyft use for private background checks without
fingerprinting.
3. Requires written certification of driver-applicant’s identity.
4. Includes auditing requirement by the PSC. (The audits have resulted in the rejection of
large amounts of applicants)
5. 3-day reporting requirement for new arrests and convictions.
6. Annual re-screening of TSC drivers.
7. Use of accredited background check provider.
8. “Subject to final approval by MD State” (i.e. Maryland PSC).
9. Drivers can operate until rejected by the state of Maryland PSC.
10. New PSC administrative rule: Drivers can be re-instated after 7 years for a single felony
conviction or 10 years for multiple felony convictions. (Washington Post article
10/28/17)
The rejections of large number of applicants by the Maryland PSC have primarily involved:
1. Driving or Criminal History not detected by the private background check but detected in
the audit.
2. “Administrative” failures
A. Failure to verify the applicant’s identification. (Note: This would not be an issue in a
fingerprint-based background check)
B. Not enough driving experience.
C. Holding a limited temporary drivers license.
Page 161 of 169
City Council
RE: Recent Articles Regarding Transportation Network Companies
November 22, 2017
Page 8 of 10
Most of the MD rejections of applicants occurred in early 2016. Under the new PSC rules
460 applicants were rejected. 900 were flagged because of issues with the TSC driver’s
driving record.
https://www.washingtonpost.com
Between December 2015 and April 3, 2016, Maryland PSC rejected 4000 out of 74,000
applicants (5%).
With a new change in PSC rules dated 4/3/16 to 10/20/17, Maryland PSC rejected 3503 out
of 24,608 applicants (14.2%-almost triple the percentage.) Uber’s criticism is that the
Maryland PSC is using an outdated criteria with the new administrative rules.
New PSC rules went into effect as of 10/20/17. “Whoisdrivingyou.org”, a watchdog
organization that monitors TSCS’s, states that the state of Maryland “is quietly rejecting
thousands of applicants.” http://www.whosdrivingyou.org
The Maryland PSC concerns are:
1. Ensuring the applicant is not providing false identifying information.
2. The limitation on the time period covered by the applicant’s record.
3. Lack of criminal activity updates.
4. The PSC approved a new “screening framework” in April/2016 after PSC commissioners
agreed electronic checks AND rigorous oversight by regulators could be as or more
thorough than fingerprint-based background checks.
Other states have watched Maryland and have made the decision not to use fingerprint-based
background checks for TSC drivers, based on the Maryland PSC regulation decision.
However, it must be noted that the “final approval of the state” clause heavily drives the
Maryland background check system for TSC’s.
Rhode Island passed a new law requiring fingerprint-based background checks of TSC
applicants.
Connecticut is considering similar legislation [of fingerprint-based background checks].
(Washington Post). https://www.washingtonpost.com (and)
https://www.washingtonpost.com
Question 3: What were the details of the suspected criminal violations by Uber/Lyft in San
Francisco involving the San Francisco District Attorney?
There have been a number of issues with TSC (Uber/Lyft) drivers especially in San
Francisco.
1. A large number of vehicles are causing traffic congestion related to TSC’s as a larger
percentage of the population use Uber/Lyft. http://www.sfexaminer.com
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City Council
RE: Recent Articles Regarding Transportation Network Companies
November 22, 2017
Page 9 of 10
2. A large number and proportion of traffic citations issued by police are given to drivers
that have a TSC decal. Note: This does not necessarily mean the driver was acting as a
TSC driver at the time. The complaint was that TSC drivers account for a large number
and proportion of the traffic citations issued. http://www.sfexaminer.com
3. Self-driving cars have been tested and are being used increasingly by Uber in larger cities
including San Francisco. This issue presents a new danger to public roadways. A recent
video was posted of a self-driving Uber car running a red light in San Francisco.
(https://www.wired.com
Uber is accused by San Francisco administrators of frequently disregarding regulations.
http://sanfrancisco.cbslocal.com
http://www.sfexaminer.com
San Francisco/Los Angeles Lawsuit against Uber:
In August 2015, The San Francisco District Attorney announced an expansion of a consumer
protection lawsuit aimed at Uber’s claims about driver background checks.
George Gascon, San Francisco DA, said Uber unfairly claims it is rigorously checking the
background of its drivers. Gascon said Uber cannot make that claim unless it puts its drivers
through the same fingerprint-based background checks required of taxi drivers in California.
Gascon accuses Uber of false advertising.
The lawsuit states that Uber failed to uncover the criminal records of 25 California drivers,
including several registered sex offenders and a convicted murderer. “This is only scratching
the surface.” Gascon said in a news conference.
The lawsuit was filed jointly by the San Francisco DA and the Los Angeles DA. The lawsuit
doesn’t object to Uber’s background checks, but it objects to the Uber Company’s claim that
is uses an industry-leading process to screen its drivers. Anything short of fingerprinting
can’t make that claim, Gascon said.
Uber says no background check is flawless, and its checks are just as detailed as with taxi
drivers. Uber said it ran background checks of “hundreds” of California taxi drivers and
uncovered convictions for drunken driving, rape, attempted murder, and child abuse.
The DA’s settled a similar lawsuit with Lyft in 2014, in which Lyft agreed to pay $250,000
and to stop claiming its background checks were among the best in the industry. (San Diego
Union-Tribune article) http://www.sandiegouniontribune.com
Final Settlement of San Francisco/Uber lawsuit:
On 4/7/16, Uber Technologies and its subsidiaries Rasier and Rasier-CA will pay a $25
million civil penalty and be subject to a permanent injunction to settle unlawful business
practices action being prosecuted by the two District Attorneys. A stipulated judgement was
signed by Honorable Mary Wiss in San Francisco Superior Court.
Page 163 of 169
City Council
RE: Recent Articles Regarding Transportation Network Companies
November 22, 2017
Page 10 of 10
As a result, Uber has agreed to pay restitution to victims of its unfair business practices
through several private class action settlements, which total $1.8 million to settle claims of
all victims of its airport free toll fraud in which Uber charged for fake airport tolls.
Uber has also agreed to be bound by a permanent injunction prohibiting the company from
making misleading statements regarding the safety of its transportation services or the
background checks of its drivers. Uber agreed not to operate at California airports without
the permission of the airport. (San Francisco District Attorney Website-for immediate
release 4/7/16) http://da.lacounty.gov
Also, found a new lawsuit out of Northern CA against Uber dated 9/26/17
http://www.almcms.com
DZ/SS/tlz
Page 164 of 169
AGENDA REPORT
FOR: City Council November 20, 2017
TO: Dave Zabell, City Manager Workshop Meeting: 11/27/17
FROM: Stan Strebel, Deputy City Manager
Executive
SUBJECT: 2018 Legislative Priorities
I. REFERENCE(S):
2018 Legislative Priorities
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
The Washington State Legislature convenes on Monday, January 8, 2018. The
upcoming session, commonly referred to as a "short session," is scheduled to end on
March 9, 2018. Though shorter in duration than a "long" session (held in an odd-
numbered year, the first year of a biennium), considerable activity is anticipated on
major policy matters impacting Pasco and other municipalities. These proposals have
the potential to favorably or adversely impact the City and its mission. Continuing still
as a large issue this year is the Washington State Supreme Court's recent response to
the legislature's action regarding the McCleary decision and the funding of public
schools and its impact on the state's financing. Passage of a capital budget, as well as
legislation regarding Transportation Network Companies and Small Cell providers are
items of importance to cities, as well.
The City has maintained a proactive posture with the legislature regarding the interests
of Pasco. One means by which Council has historically made their concerns and
interests known to the legislature, and specifically its legislative delegation, is through
the adoption of its City Legislative Priorities Statement.
Given the breadth and scope of the City's priorities, in order to be effective, the City
contracts with a legislative consultant based in Olympia to provide an on-the-ground
presence in Olympia during session, monitor the state legislature throughout the year
Page 165 of 169
and advance the City's legislative agenda accordingly.
V. DISCUSSION:
Attached is the proposed 2018 legislative priorities list which reflects modifications to
the previous agenda as recommended by staff and the legislative consultant, Briahna
Murray, Vice President, Gordon Thomas Honeywell Governmental Affairs. The
proposed changes are intended to reflect changed circumstances over the past year, so
that the new list of priorities more accurately reflects current circumstances and the
policy direction of the City Council.
Ms. Murray will attend the meeting to provide Council an overview of the upcoming
session "What to Expect in 2018."
Staff requests Council direction so that the priorities list can be put in resolution form
for Council action at its December 4 meeting.
Page 166 of 169
City of Pasco
2018 State Legislative Priorities
REIMBURSE CITY FUNDS THAT BACKFILLED DWSRF LOAN: Due to an error in
the “re-appropriations only” 2017-2019 Capital Budget, and the failure of the Legislature to
adopt a capital budget, jurisdictions that received Drinking Water State Revolving Fund
(DWSRF) Loans in previous biennia were issued stop work orders on projects that were mid-
construction. The City of Pasco received one of these loans for the Columbia Water Supply
Project. Because the project was already under construction, the City would have incurred
significant penalties had it stopped work. Instead, the City used City funds to continue the
project. The City requests budget proviso language retroactively reimbursing Pasco and
similarly-situated jurisdictions that continued to move projects forward on time, and within
budget.
PEANUTS COMMUNITY PLAZA: At the epicenter of downtown Pasco is Peanuts Park,
the primary and historic gathering place for the community. Named after Peanuts, a dedicated
resident who shared his love of community through candy, the park today is the heart of a
culturally diverse downtown core. The City seeks $1 million in funding for Phase 1 of this
project to revitalize the downtown plaza, upgrading this important community gathering place
in a way that will spur economic development.
LEWIS STREET OVERPASS: The City of Pasco is currently completing design of the
Lewis Street Overpass project. The project replaces a deteriorating and functionally obsolete
1937 underpass on a former state highway. The Connecting Washington package included
$15 million in state funding for the overpass. It is likely that the project will exceed this
funding allocation, and additional funding sources will need to be identified.
PASCO DNR PROPERTY: The City of Pasco hopes to continue working collaboratively
with the Department of Natural Resources to facilitate the sale of the commercially-zoned
properties west of Road 68, along the Chapel Hill Road alignment.
ALLOW CITY PUBLIC FACILITY DISTRICT TO FUND AQUATIC CENTER: The
Pasco Public Facility District (PFD) would like to fund and construct an aquatic center.
Regional and county PFDs are authorized to construct “recreational facilities”; however, city
PFDs are not. The City requests legislation or a local tool to bring this project to fruition.
ENSURE SAFETY FOR TRANSPORTATION NETWORK COMPANY RIDERS: The
City of Pasco opposes any statewide regulation of Transportation Network Companies (e.g.
Uber, Lyft, etc.) that does not provide adequate safety measures for riders, including a
requirement that TNC drivers undergo a background check that includes fingerprinting.
LABOR REFORM: The City supports legislation reducing labor costs. Modification of the
arbitration statute to provide clarity on “comparability” would better balance the interests of
uniformed employees with those of the taxpayer.
Contact:
Matt Watkins
Mayor
(509) 416-6696
Dave Zabell
City Manager
(509) 545-3404
Email:
citymanager@
Pasco-wa.gov
Visit:
www.pasco-wa.gov
Page 167 of 169
The City of Pasco Supports/Opposes
FINANCE/GENERAL GOVERNMENT
State-Shared Revenues
Pasco receives approximately $1.3 million annually from the state, categorized as “state -shared revenues.”
Pasco supports restoring liquor profit revenues to pre-2012 levels by removing the 2011 cap, and restoring the
50/50 revenue sharing relationship over multiple biennia and dedicate the revenue to public safety.
Election of Judges Pasco opposes legislation mandating that part-time municipal court judges be elected rather than appointed.
Voting Laws Pasco supports legislation that changes the state voting laws to allow greater flexibility for local jurisdictions
to meet federal Voting Rights Act goals, and provides such jurisdictions safe harbor from litigation.
INFRASTRUCTURE & ECONOMIC DEVELOPMENT
Model Toxics Control
Account
Pasco supports funding solutions to the Model Toxics Control Account that maintain and increase funding to
storm water and clean up.
Infrastructure Program
Funding
Pasco supports full funding of programs that support development and maintenance of local infrastructure
such as the Transportation Improvement Board (TIB) and the Freight Mobility Strategic Investment Board
(FMSIB).
Economic Development Tools
Pasco supports reinvigorating economic development programs currently in statute that now remain
unfunded, such as the Local Revitalization Fund (LRF), the Local Infrastructure Financing Tool (LIFT), the
Job Development Fund (JDF), and others. Additionally, Pasco supports establishing a tax increment financing
or value capture financing program, similar to what is established in other states.
Main Street Tax Credit
Incentive Program
Pasco supports legislation that increases the tax credit limits and makes necessary administrative changes to
the Main Street Tax Incentive Program.
Waste Water Treatment
Facility Funding The City supports state increased funding opportunities for publically owned waste water industrial facilities.
PUBLIC SAFETY
BLEA Funding Pasco supports ongoing funding for the Basic Law Enforcement Academy.
Funding to Reduce Gang
Violence Pasco supports proposals that increase funding to reduce gang violence throughout the state.
Marijuana Laws Pasco supports solutions to assist local governments in implementation of the recreational marijuana system,
and supports policies that retain local authority on regulations that govern marijuana production or sale.
Body-worn Cameras Pasco will monitor recommendations from the task force on body worn cameras, established by the 2016
Legislature. Page 168 of 169
LOCAL CONTROL
5G/Telecommunications Pasco supports legislation that recognizes local solutions and flexibility with the deployment of small cell
technology.
All-Terrain Vehicles Pasco opposes legislation that restricts its ability to respond to ATV use within the city.
Breed Based Canine
Restrictions
Pasco opposes legislation that removes its ability to restrict ownership of dangerous breeds of dogs from
within the community.
LAND USE
Notification of Pre-
Annexation Agreements
The City supports legislation improving notification of existing pre-annexation agreements in the home
buying process.
Annexation of Unincorporated
Islands
Pasco opposes legislation mandating cities to annex uninc orporated islands, but supports incentives that
encourage annexation, such as lowering the percentage of petition signers needed to annex unincorporated
islands.
SEPA Reform Pasco supports efforts to reform the State Environmental Policy Act to streamline the process and remove
items from the SEPA analysis that duplicate work already being completed by other ordinances and laws.
Page 169 of 169