Ordinance 2175WDT/trs
9/3/80
ORDINANCE NO. 2175
AN ORDINANCE OF THE CITY OF EDMONDS, WASH-
INGTON, REPEALING CHAPTER 4.32 OF THE EDMONDS
CITY CODE DEALING WITH PUBLIC AMUSEMENTS AND
ADDING A NEW CHAPTER 4.32 TO BE ENTITLED
"PUBLIC AMUSEMENTS" AND DEFINING TERMS;
REQUIRING LICENSES FOR PUBLIC AMUSEMENTS;
ESTABLISHING PROCEDURES FOR ISSUANCE OF
LICENSES; SETTING FORTH FEES; PROVIDING FOR
REVOCATION OF LICENSES; AND ESTABLISHING
PENALTIES.
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Chapter 4.32 of the Edmonds City Code is
hereby repealed and a new Chapter 4.32 is hereby created to
be entitled "Public Amusements" and to read as follows:
4.32.010 DEFINITIONS
A. "Person" shall mean any individual, firm, corpor-
ation, partnership or unincorporated association.
B. "Police chief" shall include his designee.
C. "Public amusement" means circuses, carnivals,
motion picture shows, exhibitions, concerts, side
shows, vaudeville, amusement parks and any other
form of diversion, pasttime or recreation conducted
for and open to the public for which an admission
fee or other charge is made for attendance.
4.32.020 LICENSE REQUIRED - EXCEPTIONS
A. No person shall conduct any public amusement
within the City of Edmonds until he has first
obtained a license therefor and has paid all fees
required by this chapter.
B. The provisions of this chapter shall not apply to
nonprofit civic, charitable or religious community
organizations.
4.32.030 PROCEDURE
A. Persons required to obtain licenses shall make
application to the city clerk on forms provided
therefor.
B. The application shall contain the following in-
formation:
1. The name, address and telephone number of the
person requesting the license, and if other
than a natural person, the names of all
officers and/or partners.
2. The type of public amusement, duration, and
hours of operation, and location.
3. The number of employees and the number of
expected customers.
4. Such other information as required by the
city clerk in order to carry out the intent
of this chapter, such as insurance as may be
required.
C. Upon receipt of the license fee as provided for in
this chapter, the city clerk shall forward the
completed application to the police chief for his
investigation and review.
4.32.040 POLICE INVESTIGATION - APPROVAL
A. Upon receipt of the application, the police chief
shall investigate the applicant to determine the
service that would be required to be provided to
assure public safety, and the financial and crimi-
nal background of the applicant, if any. The
police chief may consult with other city departments,
including the fire department. Upon completion of
the investigation, the police chief shall either
approve the license application, disapprove the
license application, or approve the application
with conditions. The police chief's decision
shall be forwarded to the city clerk.
B. The police chief may require the applicant as a
condition of approval to:
1. Restrict the days and/or hours of operation.
2. Conduct the public amusement at a location
other than as set forth on the application.
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3. Limit the number of persons at any one time
on the premises.
4. Comply with any other condition necessary for
protection of public safety and property.
4.32.050 ISSUANCE OF LICENSE
Upon receipt of the police chief's decision to approve
the application, the city clerk shall issue the license
which shall contain the following:
A. The name of the person to whom the license is
issued.
B. The date, time and place of operation or operations.
C. The type of public amusement.
D. All conditions imposed by the police chief.
E. The date the license expires.
4.32.060 LICENSE FEES/TERM
The license shall be for a term not to exceed one year.
Fees for the public amusement license shall be as
follows:
A. Motion picture theaters, $30 per year.
B. Circuses and/or carnivals, exclusive of sideshows,
$50 per day.
C. Sideshows, conducted with or without a circus, $50
per day.
D. All other public amusements, $30 per day or $240
per year, whichever is lesser.
4.32.070 REVOCATION OF LICENSES
Public amusement licenses may be revoked by the city
clerk for any of the following reasons:
A. Violation of any of the provisions of this chapter
by the license holder, his agents or employees.
B. The applicant has made any false or misleading
statement or a misrepresentation of fact in con-
nection with the license, or there has been a
me
change of circumstances since the issuance of a
license, such as anticipated crowd size, lapse or
insurance cancellation, etc.
4.32.080 NOTICE OF REVOCATION - APPEAL
A. The city clerk shall send the licensee notice of
the revocation by mail. Notices mailed to the
address on the application form shall be deemed
received three days after posting.
B. The notice shall state the reasons for the revo-
cation and that the revocation will become final
within 10 days of the date of the notice unless a
written notice of appeal is filed with the city
clerk within the 10 day period.
C. If a written notice of appeal is filed within the
10 day period, the city council shall set a date
for hearing and send the licensee notice of the
date and time. If no written notice of appeal is
filed, the license shall be deemed revoked as set
forth in the notice to the licensee.
D. License fees will not be refunded in whole or in
part in the event of revocation or suspension of
the license.
4.32.090 EMERGENCY SUSPENSION OF LICENSE
In the event the police chief determines that there is
an immediate threat to public safety, or to property,
he may suspend the license without prior notice and
order the immediate termination of the licensed activity
or activities. Such suspension shall last until the
police chief may determine that the threat to public
safety, or to property, has abated, or until the
licensee may bring the matter to the notice of the city
council by delivering to the city clerk the written
grievance of the licensee as to why the suspension
should be terminated and the license reinstated. The
city clerk upon receipt of such writing shall bring the
matter to the attention of the next regular meeting of
the city council, or special meeting of the city council
called for that purpose, if any.
4.32.100 ACCEPTANCE OF CHAPTER TERMS
By applying for and receiving a license under the
provisions of this chapter the licensee agrees to all
the terms of said chapter including but not limited to
the terms and procedures of revocation and/or suspension
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should the same be exercised as herein provided. All
decisions of the city council shall be final.
4.32.110 PENALTIES
Any person violating any of the provisions of this
chapter or any person who conducts a public amusement
in violation of any of the terms and conditions speci-
fied on the license shall be guilty of a misdemeanor
and upon conviction thereof shall be punished as set
forth in Section 5.45.020 of the Edmonds City Code.
4.32.200 SEVERABILITY
If any word, phrase or section of this chapter is held
invalid or unconstitutional for any reason by a court
of competent jurisdiction, such invalidity or unconsti-
tutionality shall not affect the remaining portions of
this chapter.
Section 2. This ordinance will be in full force and
effect five (5) days after passage and publication by post-
ing as provided by law.
APPROVED:
/� '
MAYOR, H. H. HARRISON
ATTEST/AUTHENTICATED:
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CITY CLERK, IREN VARNEY MORAN
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH THE CITY CL RK: October 23, 1980
PASSED BY THE CITY CO NCIL: November 10, 1980
POSTED: November 12, 1980
EFFECTIVE DATE: November 17, 1980
-5-
AFFIDAVIT OF POSTING ORDINANCE
STATE OF WASHINGTON )
) ss:
COUNTY OF SNOHOMISH )
IRENE VARNEY MORAN
, being first duly sworn
on oath deposes and says that s he is over the age of eighteen (18)
years and is competent to testify as to the matter stated herein.
There is no official newspaper or other newspaper printed and
published within the City. In accordance with RCW 35A.12.160, on
the 12 day of November , 19_Q, affiant posted true and
correct copies of the attached Ordinance No. 2175, passed by the
City Council on the 10 day of November , 193L, at the
official posting places for City notices which are the public
- bulletin boards at the following locations:
Edmonds Civic Center
250 Fifth Avenue North
Edmonds, Washington 98020
Edmonds Public Library
Civic Center, 250 Fifth Avenue North
Edmonds, Washington 98020
Edmonds Branch of United States Post Office
201.Main Street
Edmonds, Washington 98020
DATED this 12 day of
November , 198Q.
- 'L , �'/ -in I
SUBSCRIBED AND SWORN to before me this /� day of
19 ,ld .
jot�ay—P-u-Lblic in and for the
State of Washington, residing
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