Ordinance 3513ORDINANCE NO. 3513
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON RELATING TO LICENSING OF SOLICITORS,
PEDDLERS AND STREET VENDORS; AMENDING
SECTIONS 4.12.010, 4.12.020, 4.12.040, 4.12.055, AND 4.12.065
OF THE EDMONDS CITY CODE; PROVIDING FOR
SEVERABILITY; AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
WHEREAS, the City of Edmonds licenses and regulates solicitors, peddlers and street
vendors through Chapter 4.12 of the Edmonds City Code; and
WHEREAS, the current code provisions do not apply to street vendors in unzoned right -
of -way owned; and
WHEREAS, the licensing regulations need to be clarified to distinguish between
solicitors /peddlers and street vendors; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Section 4.12.010 of the Edmonds City Code is hereby amended as follows:
4.12.010 Definitions.
A. "Solicitor" or "Peddler" means Aany person who shall sell, offer for or expose for sale,
or who shall trade, deal or traffic in any persona prep@ y at r-atai goods or services in the city
by going from house to house or from place to place or by indiscriminately approaching
individuals;
H. 1. Sales by sample or for future delivery, and executory contracts of sale by solicitors or
peddlers, are °mbr°° °a .;thi the pro - -isie included, provided, however,
that this section shall not be deemed applicable to any salesman or canvasser who solicits
trade from wholesale or retail dealers in the city;_
Q 2. Any person who, while selling or offering for sale any goods, ,
services or anything of value, stands in a doorway, any unenclosed vacant lot, parcel of
land, or in any other place not used by such person as a permanent place of business,
shall be deemed a solicitor or peddler within the meaning of this chapter, except as noted
in subsection B of this section.
.P. B. "Street vendor" means Aany person who shall sell food, flowers, aff&er- nonalcoholic
beverages only, and /or other goods or services from a nonmotorized mobile vending unit, in the
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commercially -zoned areas of the city of Edmonds, including unzoned property or right of way
adiacent to or abutting on commercially -zoned areas, shall be deemed a street vendor subject to
the regulations contained in this chapter. The commercially -zoned areas are those zoned
Neighborhood Business (BN), Community Business (BC), Planned Business (BP) Commercial
Waterfront (CW); and General Commercial (CC. CG2).
C. "Mobile vending unit" means a cart, kiosk or other device capable of being pushed by one (1)
person, with at least two (2) functional wheels and positive wheel locking devices.
Section 2. Section 4.12.020 the Edmonds City Code is hereby amended as follows:
4.12.020 License required.
A. It shall be unlawful for any person to act as solicitor, peddler or street vendor within the
meaning and application of this chapter unless that person or his/her employer shall have first
secured a license in the manner provided in this chapter.
B- 1. Any person who shall sell, deliver or peddle any dairy product, meat, poultry, eel, fish,
mollusk, or shellfish must first obtain a license pursuant to this chapter.
Q 2. No licenses shall be issued or maintained for the sale of poultry or poultry products or
meat or meat products which are adulterated or distributed under unsanitary conditions.
E- 3. No licenses shall be issued for the sale of shellfish unless the vendor can produce a
certificate of compliance as required by RCW 69.30.020.
B. All persons acting as a solicitor, peddler or street vendor shall comply with all laws,
ordinances and regulations, including all Snohomish County Health Department requirements.
Section 3. Section 4.12.040 of the Edmonds City Code shall be amended as follows:
4.12.040 License application - Information required.
A. Any person, firm or other organization desiring to secure solicitor's, peddler's or street
vendor's license shall apply therefor in writing to the city clerk, on forms provided by the city,
and such application shall set forth as to each solicitor, peddler or street vendor as the principal
applicant as follows:
1. The name, address and telephone number of the principal applicant, firm or other
organization;
2. In the event the name or address of the applicant has changed within the last two years,
each name and address over the last two year period preceding the most recent;
3. The nature or character of the goods, wares, merchandise or services to be offered by
each principal applicant;
4. A list of the persons originally contemplating solicitation, peddling or street vending
within the city of Edmonds, and the information required in subsection B below as to
each;
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5. The name, address and telephone number (business and home) of the individual acting
as manager of the principal applicant; and
6. Written approval for the vending site from the abutting_ property owner and/or tenant in
accordance with Section 4.12.055.L: and
6- 7. Such other information as reasonably required by city officials.
B. For each person soliciting, peddling or street vending within the city of Edmonds
pursuant to a principal applicant and license as required herein, whether acting as an employee,
independent contractor, or otherwise, the following information shall be provided to the city
clerk on forms provided by the city and shall set forth as to each such person the following:
1. His or her name, address and home telephone number;
2. The name, address and telephone number of the person, firm or other organization
holding the principal license;
3. His or her age and general personal description as required by the city;
4. Any and all facts relating to any conviction of crimes as such information may be
required by the city in the application form; and
5. Such other information as reasonably required by city officials.
C. The city clerk shall refer the application to the chief of police, who shall make a criminal
history background investigation of the applicant. Upon completion, the chief of police shall
forward the results of the investigation to the city clerk.
D. If, as a result of the investigation, the applicant is not found to have committed any of the
acts requiring denial as listed below, the city clerk shall, upon payment of the prescribed fee,
issue the license to the applicant. The city clerk shall deny the applicant the license if the
applicant has:
1. Committed any act consisting of fraud or misrepresentation;
2. Committed any act which, if committed by a licensee, would be grounds for
suspension or revocation of a license;
3. Within the previous 10 years, been convicted of a misdemeanor or felony directly
relating to his or her fitness to engage in the occupation of peddler, solicitor or street
vendor and including, but not limited to, those misdemeanors and felonies involving
moral turpitude, fraud or misrepresentation;
4. Been charged with a misdemeanor or felony of the type defined in the preceding
subdivision (3) of this subsection, and disposition of that charge is still pending;
5. Been refused a license under the provisions of this chapter; provided, however, that
any applicant denied a license under the provisions of this chapter may reapply if and
when the reasons for denial no longer exist; and
6. Made any false or misleading statements in the application.
E. Every peddler shall be required to carry the peddler's license and display it along with
photo identification upon request by a prospective customer or law enforcement officer.
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F. The city clerk is authorized to promulgate rules regarding the manner and method of payment,
including a prohibition or regulation of payment by check, and the form of the application.
Section 4. Section 4.12.055 of the Edmonds City Code shall be amended as follows:
4.12.055 Street vendor requirements.
Any person seeking a permit for a street vendor license under the definition of this chapter shall
comply with the following requirements:
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A. Prior to issuance of any street vendor permit, the applicant shall submit and receive
approval by the architectural design board for the design of the mobile vending cart and any
signage.
B. In addition to the licensing requirements of this chapter, any street vendor shall be
required to obtain a street use permit.'
C. All advertising shall be placed on the mobile vending unit and will not be allowed on the
street or sidewalk. Maximum sign area allowed shall be 10 square feet.
D. The vending site shall be kept clean and orderly at all times, and the vendor must provide
a refuse container. No portion of a vendor's inventory, sales equipment, or any other structure or
equipment used in the sales or solicitation process shall be left overnight upon any unenclosed
portion of any lot or site within the city, nor upon any public street or right -of -way without the
issuance of a street use permit for a mobile vending unit issued pursuant to ECC 4.12.030(B) and
(C).
E. The city reserves the right to limit the number of vending permit sites in any given area
of the downtown. The eery development services director shall determine the allowable
number of street vendors and shall exercise this discretion based upon the needs of the public,
diversity of products offered for sale, the smooth flow of pedestrian and vehicular traffic and
other similar considerations.
F. If located on a sidewalk, a minimum clearance of five feet shall be maintained by any
street vendor.
G. ,
Street vendors shall not locate within that portion of improved street right -of -way designed for
vehicular traffic or parking. Street vendors seeking to locate in improved street right of way or
on sidewalks shall be oriented toward pedestrian traffic movement or safety. Any application to
locate a street vendor in street right -of -way shall require approval by the city traffic engineer and
shall not interfere in any way with vehicular or pedestrian traffic or safety.
H. No mechanical audio or noise making devices, and no hawking is allowed. Hawking is
the loud, repeated oral solicitation of business by the vendor or an assistant.
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I. Street vendors are prohibited in parks and in residentially -zoned areas.
J. Street vendors are prohibited from occLipying occupying parking spaces on city property or in
improved city right -of -way reserved for vehicular traffic, parking or other transportation.
K. All street vendors shall comply with all applicable Snohomish County Health District
requirements.
K L. The applicant shall submit with his application a copy of the written approval for the
vending site from the abutting property owner and/or tenant. In the event that the property owner
or tenant shall disagree, the property owner's decision shall be final.
1. In the event that the proposed site abuts property owned by the city of Edmonds, the
applicant shall be required to obtain the city's approval. Approvals relating to park
property shall be handled as a request to let a concession under the terms of these
ordinances. Request for sites abutting all other public land owned by the city shall be
forwarded to the city council for their review and approval.
2. In the event that the site for which approval is sought abuts vacant land, the applicant
shall make reasonable written attempts to secure the approval of the property owner. If
the applicant is unable to do so, the city may accept written proof of such attempts and
issue a conditional permit. If a complaint is later received from the owner of the land, the
license shall be revoked. The granting of such a conditional license shall vest no right in
the applicant.
1,. M. The maximum permissible size for any mobile vending unit shall be:
1. 30 square feet for sidewalk locations; and
2. 50 square feet for locations within the street or other public right -of -way or when located on
private property.
In no event shall any mobile vending unit exceed 10 feet in length.
Section 5. Section 4.12.065 of the Edmonds City Code shall be amended as follows:
4.12.065 Soliciting and peddling and street vending restrictions.
All licenses issued pursuant to this chapter shall be subject to the following time and location
restrictions:
A. Fourth of July Fireworks Display. For the purpose of crowd and traffic control on the
Fourth of July, all soliciting after 6:00 p.m. within one mile of the official fireworks display shall
take place only within the confines of the fireworks viewing area as designated by the chief of
police on the Civic Center playfield.
B. No peddler or solicitor shall engage or attempt to engage in the business of peddling at
any home, residence, apartment complex or business that prominently displays a "No Peddlers"
or "No Solicitors" sign or any other similar sign that communicates the occupants' desire to not
be contacted by peddlers.
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C. No peddler or solicitor shall engage in the business of peddling between the hours of 8:00
p.m. and 9:00 a.m.
Section 6. 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 or word of this ordinance.
Section 7. Effective Date. This ordinance, being an exercise of a power specifically
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.
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF H Y AT RNEY:
BY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO. 3513
APPROVED:
MAY ,G HAAKENSON
08/13/2004
08/17/2004
08/22/2004
08/27/2004
no
SUMMARY OF ORDINANCE NO. 3513
of the City of Edmonds, Washington
On the 17th day of August, 2004, the City Council of the City of Edmonds, passed
Ordinance No. 3513. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON RELATING TO
LICENSING OF SOLICITORS, PEDDLERS AND STREET VENDORS; AMENDING
SECTIONS 4.12.010, 4.12.020, 4.12.040, 4.12.055, AND 4.12.065 OF THE EDMONDS CITY
CODE; PROVIDING FOR SEVERABILITY; AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 18th day of August, 2004.
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CITY CLERK, SANDRA S. CHASE
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
SUMMARY OF ORDINANCE NO. 3513
o t e ity o mon s, as mgton
On the 17th day of August, 2004, the City Council of the
City of Edmonds, passed Ordinance No. 3513. A summary of
the content of said ordinance, consisting of the title, provides
as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING-
TON, RELATING TO LICENSING OF SOLICITORS, PED-
DLERS AND STREET VENDORS, AMENDING SECTIONS
4.12.010, 4.12.020, 4.12.040, 4.12.055, AND 4.12.065 OF
THE EDMONDS CITY CODE; PROVIDING FOR SEVERA -'
BILITY; AND FIXING A TIME WHEN THE SAME SHALL BE-
COME EFFECTIVE. .
The full text of this Ordinance will be mailed upon request.
DATED this 18th day of August, 2004.
CITY CLERK, SANDRA S. CHASE
Published: August 22, 2004.
Affidavit of Publication
S.S.
The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk
of THE HERALD, a daily newspaper printed and published in the City of Everett, County of
Snohomish, and State of Washington; that said newspaper is a newspaper of general
circulation in said County and State; that said newspaper has been approved as a legal
newspaper by order of the Superior Court of Snohomish County and that the notice
Summary of Ordinance No. 3513
City of Edmonds
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:
August 22, 2004
and that said newspaper was regularly distributed to its subscribers during all of said period.
Subscribed and sworn before me this 23rd
day of August, 2004 •° \ \tittt
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RECEIVED Cl 04" - �o ,
B�
Notary Public in and for the St of hington, residing at L'IT6 S 011h fish '9�q
County. ��;
AUG 2 6, 2004 ec/c
EDMONDS CITY CLERK %,ok'% -T.07 •'�
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Account Name: City of Edmonds Account Number. 101416 Order Number: 0001202513