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Ordinance 1789ORDINANCE NO. 1789 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REGULATING THE RENTAL OF HALLS, REQUIRING A LICENSE FOR PERSONS RENTING SAID HALLS, REGULATING THE HOURS, PROVIDING PENALTIES FOR VIOLATIONS AND CREATING A NEW CHAPTER 4.38 TO THE EDMONDS CITY CODE. WHEREAS, the renting of halls, community clubs and other buildings within said City for public or private gatherings often results in traffic congestion due to the obstruction of roadways by vehicles, both travelling and parked by those persons attending such gatherings, and WHEREAS, it is in the public health, safety and general welfare to regulate such rentals to control traffic and park- ing congestion together with the noise and the attendant problems that emanate from such gatherings where alcoholic beverages are served and music provided, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new chapter, Chapter 4.38 entitled Rental of Halls is hereby added to the Edmonds City Code. Section 2. Section 4.38.010. Rental of Hall Defined. For the purposes of this chapter, a hall is defined as any space, room, enclosure or portion thereof which would be rented, provided or otherwise made available for the gather- ing of ten or more persons for a fee or other consideration, excluding churches or schools. Section 3. Section 4.38.020. License Required. Any person, persons, society, operation, club or toher organiza- tion desiring to rent a hall for the purpose of serving food, serving or allowing alcoholic beverages to be served or consumed, dancing and/or the playing of live or recorded music, shall first obtain a license. Section 4. Section 4.38.030. Application. Annlication for a license required under this chapter shall be made to the City Clerk on a form as shall be provided by the Clerk's office. The application for a license shall be accompanied by a copy of the proposed rental agreement or other agree- ment for the use of the hall from the person or organization renting or otherwise making the hall available to the applicant. The application shall designate the person or persons responsible for the gathering who will be present at the event or in the event of an organization, shall designate a member or members of such organization who shall be in attendance at the time of the gathering and who shall be responsible for seeing that the terms and conditions of the license are complied with. Persons so designated as being responsible shall be signatory to the application unless waived by the City Clerk. The application shall also include the following information: 1. Whether or not alcoholic beverages are to be served or otherwise consumed on the premises; 2. Whether or not live or recorded music is to be played; 3. Whether or not dancing shall be permitted; 4. The number of expected guests or other persons in attendance; an estimate of the number of vehicles to be brought to the vicinity by persons in attendance at the hall; 5. Such other additional information as may be required by the City Clerk for proper administration of this Ordinance. Section 5. Section 4.38.040. Term of license --License Fee. The fee for a license to be issued under this chapter shall be $5..00.. Upon receipt of an application and the application fee a copy of the application shall be forwarded to the Edmonds Police Department. The license shall be issued the next business day by the Clerk and shall state on its face whether a special police officer is required to be in attendance pursuant to 4.38.080. The license shall state on its face the date for which it is issued and shall expire at 2:00 a.m. of the day following the date for which it is issued. Provided, however, in the event that a license is issued for a hall located in or contiguous to an area zoned for or containing single family residences, the license shall expire at midnight of the date for which said license is issued. At the time of expiration of the license the premises must be vacated except for identified persons who remain for the purpose of cleaning up or performing other necessary maintenance. Section 6. Section 4.38.050. Posting of License in Prominent Place. The license issued hereunder shall be posted in a prominent place along with any permit issued by the Washington State Liquor Board, if applicable, on the subject premises during the licensed event. Section 7. Section 4.38.060. Rental Without License Prohibited. No premises shall be rented or otherwise made available to any person, persons or other organizations required to have a license by this chapter unless prior to the time of the scheduled event the person, persons or organization making the hall available ascertains that a license has been issued. Section 8. Section 4.38.070. Revocation of License. In the event of repeated violations of Title 5 (Ordinances relating to public safety and morals) and Title 8 (Ordinances relating to traffic and on -street parking) of the Edmonds City Code by persons in attendance at the licensed event shall be grounds for revocation of the license. The decision to revoke such a license may be made by the supervisory officer of the Edmonds Police Department on duty at the time of the scheduled event. Upon the determination by the supervisory officethat the license should be revoked he shall notify the person or persons designated as the respon- sible persons on said license or the applicants on said license if they are in attendance that the license has been revoked and that the premises are to be cleared. Section 9. Section 4.38.080. Requirement of Special Police Officer. Upon a review of and as a condition of the granting of any license under this chapter, the Chief of Police may require that a special police officer be in attendance on the premises during the time of the licensed event. Section 10. Section 4.38.090. Penalty for Violation. Any person or persons found guilty of the violation of any of the provisions of this chapter shall be subject to a fine of not more than $250.00 or imprisonment in jail of up to 90 days or by both such fine and imprisonment. Section 11. Section 4.38.100. Severability. If any section, subsection, clause, phrase or word of this chapter is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter, it being hereby expressly declared that this chapter, and each section, subsection, clause, phrase and word hereof would have been prepared, proposed, adopted, approved and ratified iYrespective of the fact that any one or more of said sections, subsections, sentences, clauses, phrases or word or words thereof be delcared invalid or unconstitutional. APPROVED: MAYOR, H. H. HARRISON ATTEST: CITY CLERK, IRENE ARNEY MORAN Filed with the City Clerk: July 22, 1975 Passed by the City Council: Ser)tember 2, 1975 Published: Se)teniber 10, 1975