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Ordinance 30320006.150.132 WSS /are 06/20/95 ORDINANCE NO. 3032 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 4.90 COMMUNITY ORIENTED OPEN AIR MARKETS OF THE EDMONDS CITY CODE TO DELETE REFERENCES TO THE YEAR 1994 AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, Chapter 4.90 COMMUNITY ORIENTED OPEN AIR MARKETS of the Edmonds City Code was established in 1994 by the adoption of Ordinance 3015, and WHEREAS, the City would like to continue to provide licenses for community oriented open air markets, and WHEREAS, in order to continue to license the community oriented open air markets the City Council would like to amend Ordinance 3015 by deleting references to the year 1994, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 4.90.010(A) of the Edmonds City Code is hereby amended to read as follows: A. "Community oriented open air market" shall mean a site or location where new or used items are sold by two or more individual vendors, with each vendor operating independently from the other vendors and subleasing booths, stalls or tables for the purpose of placing before the public for sale on a temporary basis used goods, new wares or merchandise. 104755.1 -1- The activities of the market shall be limited to daylight hours on Saturday and Sunday of each week during the months of July, August and September of each year. No other community oriented open air market activities shall be licensed under the provisions of this chapter nor eligible as a permitted use under the provisions of ECDC Section 16.60.020(D) and 16.15.010(A). Section 2. Section 4.90.040 of the Edmonds City Code is hereby amended to read as follows: 4.90.040 Licensees Limited to Non - Profit Community Oriented Organizations. This temporary license and use provision has been established by the Edmonds City ,Council in order to study the effects of open air markets on the community and determine appropriate limits and conditions for license issuance. Based upon limited right of way and other available area and the 1994 working test, licenses to conduct a community oriented open air market shall be issued only to nonprofit community organizations. Nonprofit community organizations are hereby defined to mean: bonafide nonprofit religious, charitable, benevolent, fraternal or social organizations recognized by the United States Internal Revenue Service as a charitable institution exempt from taxation under Section 503C of the Internal Revenue Code and whose principal offices or meeting place is located within the City of Edmonds. Section 3. Section 4.90.070 of the Edmonds City Code is hereby amended to read as follows: 4.90.070 License Fee. An applicant for a license to operate a community oriented open air market shall pay a fifty dollar ($50.00) fee. This fee is based upon the cost to the City of reviewing and processing the application and shall be submitted in conjunction with the application. Each participating vendor shall pay five dollars ($5.00) for its participation in the community oriented open air market during each calendar year. No application shall be deemed complete until all fees have been paid. Section 4. Section 4.90.080 of the Edmonds City Code is hereby amended to read as follows: 104755.1 -2- 4.90.080 Term of License. Each license issued under this chapter shall be limited to the number of days approved for operation for the community oriented open air market for which the license was issued. Licenses shall be valid only during daylight hours in July, August and September of each year. No license shall be effective beyond September 30 of each year. Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: AYO , AURA Ni. HALL ATTEST /AUTHENTICATED : � e = CITY C ERK, SANDY CHASE APPROVED AS TO FORM: OFFICE OF - CITY ATTORNEY: d� BY 104755.1 -3- FILED WITH THE CITY CLERK: 06/20/95 PASSED BY THE CITY COUNCIL: 06/27/95 PUBLISHED: 07/03/95 EFFECTIVE DATE: 07/08/95 ORDINANCE NO. 3032 104755.1 -4- SUMMARY OF ORDINANCE NO. 3032 of the City of Edmonds, Washington On the 27th day of __ June ' 1995 , the City Council of the City of Edmonds, passed Ordinance No. 3032 A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 4.90 COMMUNITY ORIENTED OPEN AIR MARKETS OF THE EDMONDS CITY CODE TO DELETE REFERENCES TO THE YEAR 1994 AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 28th day of June , 1995 - xd'd'40= CITY CLEAK, SANDY CHASE C The. full t Summary of Ordinance No. 3032 The. full text filed is upon .mailed upon re- .............°......................................................................................... ............................... .quest. : , DATED this 28th: day of June 1995: SANDY CHASE .'City Clerk ....................................................................................................... ............................... Published: July 3,:1995. ............ ............................... ................. ............................... .......... ............................... a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: July 3, 1995 ...................................................................................................... ......................... . . . . .. .............................. ............................... .......................................... ........ ....................... and that said newspaper was regularly distributed to its subscribers during all o)f said period. ... ........................ --... ....................--- ........ Principal Clerk Subscribed and sworn to before me this ..... 5th daof........ Ju.1 .................. ......................... ...... 19.....95 I .......................... .... .................... .. -- .....YS�tia�te*Of­Washington,' Notary Public in and for th residing at Everett, Snoho ish ounty. ,�4pTAgy B -2 -1 RECEIVED J U L 13 1995 Affidavit of Publication EDMONDSC11YCLERK STATE OF WASHINGTON, COUNTY OF SNOHOIXTISH, ss SUMMARY OF ORDINANCE NO. 3032 of the City Of The undersigned, being first duly sworn on oath deposes and says y Ed- on'then27th day�nofoJune, 1995, the City Council of the that she is Principal Clerk of THE HERALD, a daily newspaper City of. Edmonds, assed Ordinance No. 3032. .sum- printed and published in the City of Everett, County of Snohomish, mart' of the content. of said ordinance, consisting :.,the title; provides as follows: . and State of Washington; that said newspaper is a newspaper of AN, OF D W SHE C INGTON, AMENDINGr CHAP- general circulation in said County and State; that said newspaper P N AID R MAR r� WANTER 4:90 coMMUNIry oR1- has been approved as a legal newspaper by order of the Superior E' LEND CES TO�DTHE YEAREtA9a. Court of Snohomish County and that the notice ......... ............................... C The. full t Summary of Ordinance No. 3032 The. full text filed is upon .mailed upon re- .............°......................................................................................... ............................... .quest. : , DATED this 28th: day of June 1995: SANDY CHASE .'City Clerk ....................................................................................................... ............................... Published: July 3,:1995. ............ ............................... ................. ............................... .......... ............................... a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: July 3, 1995 ...................................................................................................... ......................... . . . . .. .............................. ............................... .......................................... ........ ....................... and that said newspaper was regularly distributed to its subscribers during all o)f said period. ... ........................ --... ....................--- ........ Principal Clerk Subscribed and sworn to before me this ..... 5th daof........ Ju.1 .................. ......................... ...... 19.....95 I .......................... .... .................... .. -- .....YS�tia�te*Of­Washington,' Notary Public in and for th residing at Everett, Snoho ish ounty. ,�4pTAgy B -2 -1