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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. Page 34 of 169 PMC Title 5 5/1/2017 3 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. Page 35 of 169 PMC Title 5 5/1/2017 4 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.) Page 36 of 169 PMC Title 5 5/1/2017 5 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 Page 37 of 169 PMC Title 5 5/1/2017 6 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. Page 38 of 169 PMC Title 5 5/1/2017 7 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: Page 39 of 169 PMC Title 5 5/1/2017 8 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; Page 40 of 169 PMC Title 5 5/1/2017 9 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. Page 41 of 169 PMC Title 5 5/1/2017 10 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 Page 42 of 169 PMC Title 5 5/1/2017 11 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 Page 43 of 169 PMC Title 5 5/1/2017 12 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. Page 44 of 169 PMC Title 5 5/1/2017 13 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 Page 45 of 169 PMC Title 5 5/1/2017 14 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.) Page 46 of 169 PMC Title 5 5/1/2017 15 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}. Page 47 of 169 PMC Title 5 5/1/2017 16 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. Page 48 of 169 PMC Title 5 5/1/2017 17 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). Page 49 of 169 PMC Title 5 5/1/2017 18 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 Page 50 of 169 PMC Title 5 5/1/2017 19 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.) Page 51 of 169 PMC Title 5 5/1/2017 20 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.) Page 52 of 169 PMC Title 5 5/1/2017 21 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.) Page 53 of 169 PMC Title 5 5/1/2017 22 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; Page 54 of 169 PMC Title 5 5/1/2017 23 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. Page 55 of 169 PMC Title 5 5/1/2017 24 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 Page 56 of 169 PMC Title 5 5/1/2017 25 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; Page 57 of 169 PMC Title 5 5/1/2017 26 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.) Page 58 of 169 PMC Title 5 5/1/2017 27 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 Page 59 of 169 PMC Title 5 5/1/2017 28 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.) Page 60 of 169 PMC Title 5 5/1/2017 29 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. Page 61 of 169 PMC Title 5 5/1/2017 30 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.) Page 62 of 169 PMC Title 5 5/1/2017 31 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 Page 63 of 169 PMC Title 5 5/1/2017 32 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 Page 64 of 169 PMC Title 5 5/1/2017 33 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 Page 65 of 169 PMC Title 5 5/1/2017 34 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.) Page 66 of 169 PMC Title 5 5/1/2017 35 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. Page 67 of 169 PMC Title 5 5/1/2017 36 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; Page 68 of 169 PMC Title 5 5/1/2017 37 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.) Page 69 of 169 PMC Title 5 5/1/2017 38 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: Page 70 of 169 PMC Title 5 5/1/2017 39 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.) Page 71 of 169 PMC Title 5 5/1/2017 40 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. Page 72 of 169 PMC Title 5 5/1/2017 41 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 Page 73 of 169 PMC Title 5 5/1/2017 42 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.) Page 74 of 169 PMC Title 5 5/1/2017 43 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; Page 75 of 169 PMC Title 5 5/1/2017 44 (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; Page 76 of 169 PMC Title 5 5/1/2017 45 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.) Page 77 of 169 PMC Title 5 5/1/2017 46 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.) Page 78 of 169 PMC Title 5 5/1/2017 47 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.) Page 79 of 169 PMC Title 5 5/1/2017 48 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.) Page 80 of 169 PMC Title 5 5/1/2017 49 CHAPTER 5.24 Dance Halls and Dances. (Repealed Ord. 3524 Sec. 2, 2001.) Page 81 of 169 PMC Title 5 5/1/2017 50 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 Page 82 of 169 PMC Title 5 5/1/2017 51 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. Page 83 of 169 PMC Title 5 5/1/2017 52 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. Page 84 of 169 PMC Title 5 5/1/2017 53 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 Page 85 of 169 PMC Title 5 5/1/2017 54 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). Page 86 of 169 PMC Title 5 5/1/2017 55 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. Page 87 of 169 PMC Title 5 5/1/2017 56 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; Page 88 of 169 PMC Title 5 5/1/2017 57 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. Page 89 of 169 PMC Title 5 5/1/2017 58 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. Page 90 of 169 PMC Title 5 5/1/2017 59 (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 Page 91 of 169 PMC Title 5 5/1/2017 60 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.) Page 92 of 169 PMC Title 5 5/1/2017 61 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 Page 93 of 169 PMC Title 5 5/1/2017 62 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.) Page 94 of 169 PMC Title 5 5/1/2017 63 CHAPTER 5.26 Adult Entertainment Business Licenses. (Repealed Ord. 3262 Sec. 2, 1997.) Page 95 of 169 PMC Title 5 5/1/2017 64 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.) Page 96 of 169 PMC Title 5 5/1/2017 65 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; Page 97 of 169 PMC Title 5 5/1/2017 66 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. Page 98 of 169 PMC Title 5 5/1/2017 67 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 Page 99 of 169 PMC Title 5 5/1/2017 68 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. Page 100 of 169 PMC Title 5 5/1/2017 69 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. Page 101 of 169 PMC Title 5 5/1/2017 70 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 Page 102 of 169 PMC Title 5 5/1/2017 71 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 Page 103 of 169 PMC Title 5 5/1/2017 72 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 Page 104 of 169 PMC Title 5 5/1/2017 73 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 Page 105 of 169 PMC Title 5 5/1/2017 74 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 Page 106 of 169 PMC Title 5 5/1/2017 75 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. Page 107 of 169 PMC Title 5 5/1/2017 76 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 Page 108 of 169 PMC Title 5 5/1/2017 77 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 Page 109 of 169 PMC Title 5 5/1/2017 78 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 Page 110 of 169 PMC Title 5 5/1/2017 79 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. Page 111 of 169 PMC Title 5 5/1/2017 80 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 Page 112 of 169 PMC Title 5 5/1/2017 81 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. Page 113 of 169 PMC Title 5 5/1/2017 82 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. Page 114 of 169 PMC Title 5 5/1/2017 83 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.) Page 115 of 169 PMC Title 5 5/1/2017 84 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.) Page 116 of 169 PMC Title 5 5/1/2017 85 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.) Page 117 of 169 PMC Title 5 5/1/2017 86 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 Page 118 of 169 PMC Title 5 5/1/2017 87 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: Page 119 of 169 PMC Title 5 5/1/2017 88 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; Page 120 of 169 PMC Title 5 5/1/2017 89 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.) Page 121 of 169 PMC Title 5 5/1/2017 90 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.) Page 122 of 169 PMC Title 5 5/1/2017 91 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 Page 123 of 169 PMC Title 5 5/1/2017 92 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). Page 124 of 169 PMC Title 5 5/1/2017 93 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. Page 125 of 169 PMC Title 5 5/1/2017 94 CHAPTER 5.44 Taxicabs. (Repealed Ord. 3335 Sec. 1, 1998.) CHAPTER 5.45 FOR-HIRE VEHICLES (Repealed Ord. 4342, 2017.) Page 126 of 169 PMC Title 5 5/1/2017 95 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; Page 127 of 169 PMC Title 5 5/1/2017 96 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, Page 128 of 169 PMC Title 5 5/1/2017 97 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 Page 129 of 169 PMC Title 5 5/1/2017 98 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 Page 130 of 169 PMC Title 5 5/1/2017 99 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; Page 131 of 169 PMC Title 5 5/1/2017 100 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 Page 132 of 169 PMC Title 5 5/1/2017 101 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. Page 133 of 169 PMC Title 5 5/1/2017 102 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. Page 134 of 169 PMC Title 5 5/1/2017 103 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.) Page 135 of 169 PMC Title 5 5/1/2017 104 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. Page 136 of 169 PMC Title 5 5/1/2017 105 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.) Page 137 of 169 PMC Title 5 5/1/2017 106 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. Page 138 of 169 PMC Title 5 5/1/2017 107 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.) Page 139 of 169 PMC Title 5 5/1/2017 108 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.) Page 140 of 169 PMC Title 5 5/1/2017 109 CHAPTER 5.64 Arcades-Places of Amusement. (Repealed Ord. 3262 Sec. 1, 1997.) Page 141 of 169 PMC Title 5 5/1/2017 110 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.) Page 142 of 169 PMC Title 5 5/1/2017 111 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.) Page 143 of 169 PMC Title 5 5/1/2017 112 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.) Page 144 of 169 PMC Title 5 5/1/2017 113 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.) Page 145 of 169 PMC Title 5 5/1/2017 114 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; Page 146 of 169 PMC Title 5 5/1/2017 115 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.) Page 147 of 169 PMC Title 5 5/1/2017 116 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.) Page 148 of 169 PMC Title 5 5/1/2017 117 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); Page 149 of 169 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.) Page 150 of 169 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 Page 162 of 169 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