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Home My WebLink About4471 OrdinanceORDINANCE NO. 4471 AN ORDINANCE of the City of Pasco, Washington, amending Pasco Municipal Code Section 5.96.010 "License required", Section 5.96.030 "Permit fee", Section 5.96.040 "Term of license", Section 5.96.070 "Timing for filing of application", Section 5.96.080 "Fireworks sales requirements", and Section 3.35.050 "Business licenses" WHEREAS, the City of Pasco found per Ordinance 4375 that certain fireworks when purchased and used in compliance with the laws of the State of Washington and according to the provisions and requirements of the Pasco Municipal Code ("PMC") are legal; and WHEREAS, the City of Pasco has found that current provisions within PMC Chapter 5.96 contain provisions inconsistent with RCW 70.77 and find that said PMC provisions shall be amended to maintain consistency with the laws of the State of Washington and to provide clarity to the PMC. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 5.96.010 of the Pasco Municipal Code entitled "License required" shall be and hereby is amended and shall read as follow: 5.96.010 License required. It shall be unlawful for any person or entity to conduct, operate, sponsor, distribute, or promote a retail fireworks sales business for the purpose of buying or selling fireworks without a license issued by the City pursuant to the provisions of this chapter. A separate license shall be required for each retail and distribution location. The term `license" under this chanter, when referencing a retail fireworks sales business license, shall have the same meaning as the term "permit' defined under RCW 70.77.180, but only with respect to the official authorization granted by a city for the purpose of establishing and maintaining a place within the jurisdiction of the city where fireworks can be sold, and shall not to be construed to grant authorization for fireworks to be manufactured constructed, produced, packaged, or stored. [Ord. 4385 § 4, 2018; Code 1970 § 5.80.010.] Section 2. That Section 5.96.030 of the Pasco Municipal Code entitled "Permit fee" shall be and hereby is amended and shall read as follows: 5.96.030 Permit fee. The nonrefundable fee for this fireworks sales business license shall be set forth in PMC 3.35.050. *m*. [Ord. 4385 § 4, 2018; Code 1970 § 5.80.010.1 Section 3. That Section 5.96.040 of the Pasco Municipal Code entitled "Term of license" shall be and hereby is amended and shall read as follows: 5.96.040 Terin-e€-keeaseNumber and duration for retail fireworks sales permits. 1. a se tefm ,,hall eeffffae . 1 2 nn en rune 28th nf,. eh yeaf and 4,...... 'Ij� _wet.year, year. expire at 11 .nn n De b 31st of-eaeh year The City will issue a maximum of two wholesale distribution licenses-, and eW feeeF eight fireworks sales licenses each calendar year. If approved, the licenses will be issued on a first-come basis. Every retail fireworks sales business license issued shall be valid for the period from January 1St of the year for which the application is made through January 31s` of the subsequent year, or the remaining portion thereof [Ord. 4385 § 4, 2018; Code 1970 § 5.80.010.] Section 4. That Section 5.96.070 of the Pasco Municipal Code entitled "Timing for filing of application" shall be and hereby is amended and shall read as follows: 5.96.070 Timing for filing of application. An application for a fireworks sales business license or the Feuf t. of Tiny f ee_„e .,..... shall he submitted ne later than june 11, 2018, &r the 2018 ealendar- yeaf. The applieafien shaH be gFanted er denied by the City on or before 5:00 p.m. on june 20, 2019, for the 2018 ealendar year. h+-aU shall be submitted to the City no later than May 10`h of the year in which the license is sought to be used which application shall be approved or denied by June 10`h, of the same ve or no more than 30 days after receipt of the completed application, whichever date first occurs. "__lioat:ons for the New Y 1 shall be submitted no Wer than wt,...,..- be W' by Deeember *,, fi1�,>st eeeuFs: [Ord. 4385 § 4, 2018; Code 1970 § 5.80.010.] Section 5. That Section 5.96.080 of the Pasco Municipal Code entitled "Fireworks sales requirements" shall be and hereby is amended and shall read as follow: 5.96.080 Fireworks sales requirements. (1) Applications for license shall not be accepted nor license issued to individuals under the age of 18 years of age. No person under the age of 18 years shall be employed by the licensee in connection with the retail sales of fireworks. (2) Retail sales of consumer fireworks shall only be allowed within the City from 12:00 noon to 11:00 p.m. on June 28th of each year; from 9:00 a.m. to 11:00 p.m. on each day from June 29th through July 4th of each year; and from 9:00 a.m. to 9:00 p.m. on July 5th of each year: and €er the Feufth ef Rily lieense teFm. Sale of firewerks shall enly be allowed within the Git from 12:00 neer .mm. to 11:00 p.m. on each day from December 27h through December 31St of each year d"'1"" the New """-'s 1 :.................. as required by RCW 'n.'�o70.77.395. (3) Fireworks sales shall only be permitted in commercial zones within the City. (4) Fireworks inventory, storage and sales shall only be permitted within temporary stands or tents as approved by the Fire Marshal of the City, and shall be prohibited within permanent structures or the locations which pose a safety risk. (5) Fireworks stands shall provide no smoking signs in red letters, not less than two inches in height, on white background. All signs shall be maintained in a legible condition and shall be placed and displayed so as to be clearly visible and readable a minimum of 20 feet from the location in which fireworks are sold or stored. (6) Each firework sales location shall have not less than two water -type extinguishers of not less than two and one-half gallon capacity or the equivalent. (7) There shall be at least two exits from all stands and temporary structures from which fireworks are sold. The two exits shall be unobstructed and open from the ground level to at least six feet in height. (8) There shall be no accumulation of dry grass, paper, cardboard, trash, lumber, or other combustibles within 100 feet of any fireworks sales location. (9) Fireworks shall not be sold within 100 feet of any flammable or combustible liquid or liquid petroleum gas dispenser. (10) The fireworks sales stand used for the sale of fireworks shall be removed from the premises no later than seven days from the last date of sales. Any stand or structure remaining beyond this date may be removed by order of the Pasco Chief of Police at the expense of the licensee or property owner. (11) The fireworks business licensee shall distribute, with each sale of fireworks, safety literature as approved by the City of Pasco Fire Marshal. The Fire Marshal may require approved safety posters to be mounted in conspicuous locations at each fireworks sales location. (12) It is unlawful for any person or entity to sale sell or give fireworks to anyone under the age of 16 unless that person is under the immediate supervision of an adult (18 years of age or older). Signs shall be posted prominently at each fireworks sales location which state: IT IS UNLAWFUL TO SELL OR GIVE FIREWORKS TO ANYONE UNDER THE AGE OF SIXTEEN (16) YEARS UNLESS THAT PERSON IS UNDER THE IMMEDIATE SUPERVISION OF AN ADULT EIGHTEEN (18) YEARS OF AGE OR OLDER. IT SHALL BE UNLAWFUL FOR A PARENT, GUARDIAN, OR OTHER PERSON RESPONSIBLE FOR A CHILD UNDER THE AGE OF SIXTEEN (16) YEARS OF AGE TO ALLOW THAT CHILD TO POSSESS, USE, DISCHARGE, OR TRANSPORT ANY FIREWORKS UNLESS THAT CHILD IS UNDER THE IMMEDIATE SUPERVISION OF AN ADULT. (13) Smoking and the discharge of fireworks shall be prohibited within 100 feet of any fireworks sales location. (14) There shall be prominently posted at each fireworks sales location a list of the fireworks that may be sold to the public and approved for sale within the City of Pasco as required by RCW 70.77.580. (15) The fireworks business license shall be conspicuously posted at each fireworks sales location and shall be produced for inspection upon the request of any authorized City official or employee. (16) The fireworks sales location cannot be within 50 feet of any structure and cannot be within 25 feet of any property line or City right-of-way. The actual location of structures and improvements must comply with the approved site plan. [Ord. 4385 § 4, 2018; Code 1970 § 5.80.010.] Section 6. That Section 3.35.050 of the Pasco Municipal Code entitled "Business licenses" shall be and hereby is amended and shall read as follow: 3.35.050 Business licenses. Fee/Charge Reference License base fee $80.00 5.05.160 Employee fee — per fall time $20.00 5.05.160 equivalent Rental dwellings — includes first unit $50.00 5.60.020 (No maximum fee) Rental dwelling — Each additional unit $10.00 5.60.020 Late penalty: Rental license 20% of amount 5.60.020 due Regulatory license (unless otherwise $30.00 5.05.160 specified) Special events: Athletic, competitive or festival $25.00 5.35.130 Auction sales — for 3 days $75.00 5.35.130 Carnivals and circuses — first day fee $275.00 5.35.130 Each and every day after first $125.00 5.35.130 Fee/Charge Reference Concert $25.00 5.35.130 Dance hall — without liquor $75.00 5.35.130 Dance hall — with liquor $350.00 5.35.130 Demonstration $15.00 5.35.130 Outdoor music festival $25.00 5.35.130 Parade $15.00 5.35.130 Public dance $15.00 5.35.130 Temporary special sales event — $40.00 for the first 5.35.130 (maximum for event $500.00) vendor Each additional vendor $20.00 Street and intersection closure review $50.00 5.35.180(l)(e) fee Fireworks sales and wholesale 5.35.050 distribution Feufffi "° J=uly ""e" License $ 100.00 5.96.030 fee per annum - fire safety inspection ($75.00) - license fee ($49.00R5.00 'nevem fire inspeetioij $1-i5..99 &.9HS38 safety lieense fee ($40.00) Solicitors $150.00 5.65.060 Pawnshop $250.00 5.80.020 Ambulance service business license $150.00 5.15.030 Amusement device distributor $500.00 5.40.060 Amusement device user — 1-6 $50.00 5.40.060 machines Amusement device user — 6+ $100.00 5.40.060 machines Taxicab and transportation network company licensing Annual for -hire (taxicab/TNC) 5.110.040 business license application review and business license fee in the amount as follows: Companies employing or $300.00 contracting with 10 or fewer drivers Companies employing or $700.00 contracting with 11 to 40 drivers Companies employing or $2,000.00 contracting with 41 or more drivers Annual for -hire driver business $40.00 5.110.050 license Photograph (as applicable) Fee/Charge Reference Adult entertainment facility: $700.00 5.20.110 Adult entertainer $150.00 5.20.110 Adult waitperson $150.00 5.20.110 Adult ent. bus. mgr. $150.00 5.20.110 Taxicab and transportation network company licensing Annual for -hire (taxicab/TNC) 5.110.040 business license application review and business license fee in the amount as follows: Companies employing or $300.00 contracting with 10 or fewer drivers Companies employing or $700.00 contracting with 11 to 40 drivers Companies employing or $2,000.00 contracting with 41 or more drivers Annual for -hire driver business $40.00 5.110.050 license Photograph (as applicable) $5.00 5.110.060 Fingerprints (as applicable) $10.00 5.110.060 Criminal history check (as $30.00 5.110.060 applicable) WSP/FBI criminal history check $34.75 5.110.060 Sidewalk sales No fee 5.95.010 Mobile home park Inspection fee $20.00 19.15.040 Yard sale permit No fee 5.90.020 Yard sale sign violation $50.00 17.15.020 [Ord. 4441 § 8, 2019; Ord. 4385 § 5, 2018; Ord. 4372, 2017; Ord. 4342, 2017; Ord. 4321, 2016; Ord. 4154,2014; Ord. 4100,2013; Ord. 4074,2012; Ord. 3857,2008; Ord. 3766,2006; Ord. 3764, 2006; Ord. 3759, 2006; Ord. 3543, 2002; Code 1970 § 3.07.050.] Section 7. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this 18th day of November, 2019. Matt Watkins, Mayor ATTEST: 1671A Axlylkv—' Debra Barham, CMC City Clerk APPROVED AS TO FORM: