Ordinance 3902ORDINANCEAN OF r ,• r
WASHINGTON, AMENDING THE PORTIONS OF CHAPTER
4.12 OF r • rS CITY CODE RELATED O
PEDDLERS, • AND STREET VENDORS6,
EXPRESSLYPERMITTING MOTORIZED MOBILE
VENDORSWITHIN CERTAINO; THE CITY;
ESTABLISHING • REVIEW' r MOBILE
VENDORSWHEN THE NUMBER OF PERMITTED
VENDORS r ♦HES FIFTEEN;. AMENDING PORTIONS
CHAPTERS• • i 16.55, ♦ r 16.60 OF THE
EDMONDS COMMUNITY DEVELOPMENT CODE TO LIST
MOTORIZED MOBILE VENDORS AS AN EXCEPTION TO
OPERATING RESTRICTIONSWITHIN CERTAIN
COMMERCIAL AND ESTABLISHING AN
DATE;EFFECTIVE
WHEREAS, motorized mobile vendors (food trucks) are a growing trend across the
WHEREAS, the City of Edmonds has received a number of requests for operating
WHEREAS, there is confusing and conflicting language within the Edmonds City Code
;ind Edmonds CommunityDevelopment C•f to whether motorized mobile vendors
WHEREAS, after a public hearing on August 6. 2012, the City Council approved
proposed amendments to the Edmonds City Code and Edmonds Community Development Code
relating to motorized mobile vendors; NOW, THEREFORE,
Section L Amendment to Peddlers, Solicitors, and Street Vendor Regulati6ns� Chapter
4�12 of the Edmonds City Code, entitled "Peddlers, Solicitors and Street Vendors," is hereby
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by this reference as if set forth in full (new text is shown in underline; deleted text is shown in
Section 2. Amendment to Ca ter 16.43 ECDC BD — Downtown Business. Section
16.43.040 of the Edmonds Community Development Code, entitled "Operating Restrictions," is
hereby amended to read as follows (new text is shown in underline; deleted text is shown in
strike
16.43.040 Operating restrictions.
A. Enclosed Building. All uses shall be carried on entirely within a completely enclosed
building, except:
1. Public uses such as utilities and parks;
2. Off-street parking and loading areas, and commercial parking lots;
3. Drive-in businesses;
4. Plant nurseries;
5. Seasonal farmers' markets;
6. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC;
7. Bistro and outdoor dining meeting the criteria of ECDC 17.70.040;
8. Outdoor dining meeting the criteria of Chapter 17.75 ECDC.
9. Motorized and Nonniotorized Mobile- vending, units meetin the criteria of Cha ter
4.12 ECC.
.Nuisances. All uses shall comply with Chapter 17.60 ECDC, Performance Standards.
Section 3. Amendment to Chgpter 16,50 ECDC BC — Community Business. Section
160.030 of the Edmonds Community Development Code, entitled "Operating Restrictions," is
hereby amended to read as follows (new text is shown in underline� deleted text is shown in
44ke-lhrattgh):
16.50.030 Operating restrictions.
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A. Enclosed Building. All uses shall be carried on entirely within a completely enclosed
building, except:
1. Public utilities and parks;
2. Off-street parking and loading areas, and commercial parking lots;
3. Drive-in businesses;
4. Plant nurseries;
5. Seasonal farmers' markets;
6. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC.
7. Motorized and Nont-notorized Mobile vending -,units rhecting the criteria of Chgpte
4.12 ECC.
B. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Performance Standards,
Section 4, Amendment to Chaoter 16.55 ECDC CW — Commercial Waterfront, Section
16.55.030 of the Edmonds Community Development Code, entitled "Operating Restrictions," is
hereby amended to read as follows (new text is shown in underline; deleted text is shown in
strike IR-1-H-0-1-
51*
16.55.030 Operating restrictions.
A. Enclosed Building. All uses shall be carried on entirely within a completely enclosed
building except for:
1. Petroleum products storage and distribution;
2. Sales, storage, repair and limited building of boats;
3. Public parks;
4. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC.
5. Motorized and Nonmotorized Mobile vendina units meeting- the criteria of Chapter
4.12 ECC.
B. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Performance Standards.
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Section 5. Amendment to ChaDter 16M ECDC CG — General CooM
hereby amended to read as follows (new text is shown in underline, deleted text is shown in
RFIK�e tIffe-Ugh
building, except the following:
1. Public utilities;
2. Off-street parking and loading areas;
3. Drive-in business;
4, Secondary uses permitted under ECDC 16.60.01 O(B);
5. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC;
6. Community -oriented open air markets or seasonal farmers markets;
7. Outdoor dining meeting the criteria of Chapter 17.75 ECDC.
8, Motorized and Nonmotorized Mobile vendinu units rneeting the criteria of Chapter
If any section, subsection, clause, sentence, or phrase of thi
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity ol
the remaining portions of this ordinance,
Section-7. Effective D. 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
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MAYOR VII 0. EARLING
T `E T/ U °IIEIST` D,
I i Y CLERK, SANDRA S. CHASE
APPROVED a TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH THE CITY CLERK. 11-30-2012
PASSED BYTHE ITCOUNCIL: : I-04-2012
PUBLISHED: 12-09-2012
EFFECTIVE DATE: 12-14-2012
ORDINANCE NO. 3902
On the 4 th day of December, 2012, the City Council of the City ol
Edmonds, passed Ordinance No. 3902. A summary of the content of said ordinance
consisting of the title, provides as follows: I
4840-7251-8158, v. I
AN ORDINANCE OF THE CITY OF EDMOND
WASHINGTON, AMENDING THE PORTIONS 0
CHAPTER 4.12 OF THE EDMONDS CITY COD
RELATED TO PEDDLERS, SOLICITORS AN
STREET VENDORS; EXPRESSLY PERMITTIN
MOTORIZED MOBILE VENDORS WITHIN CERTA
AREAS OF THE CITY; ESTABLISHING A REVIEW 0
MOTORIZED MOBILE VENDORS WHEN TH
NUMBER OF PERMITTED MOBILE VENDOR
REACHES FIFTEEN; AMENDING PORTIONS 0
CHAPTERS 16.43, 16.50, 16.55, AND 161160 OF TH
EDMONDS COMMUNITY DEVEL•PM T T
LIST MOTORIZED MOBILE VENDORS AS
EXCEPTION TO OPERATING RESTRICTION
WITHIN CERTAIN COMMERCIAL ZONES; AN
ESTABLISHING AN EFFECTIVE DATE.
0
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CITY CLERK, SANDS. CHASE
PFP mumuff rrm
trade,A. "Solicitor" or "peddler" means any person who shall sell, offer for or expose for sale, or who
shall deal or . goods or - -s the city by going from• - to house or
from place to place oby •iscriminately approaching individuals.
1. Sales by sample or for future delivery, and executory contracts of sale by solicitors or peddlers
are included; provided, however, that this section shall not be deemed applicable to any salesman
or • solicits trade from wholesaleor retail dealers
stands1 Any person who, while selling or offering for sale any goods, services Or anything of value,
. doorway,any unenclosed vacant lot,parcel of i' or f er r ace note F`
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.
B. "Street vendor" means any person who shall sell food, flowers, nonalcoholic beverages only,
and/or other goods or services from either a motorized or nomotorized mobile vending unit. -.+'n
win
C. "Motorized mobile vetidin * unit" means a trLick. van or other motorized vehicle teat-
D "Noninotorized Mmobile vending unit" means« or other device capable of being
pushed by one person, « functional wheels and r•sitive wheel -locking devices.
[Ord. 11' i • 2536 § 11985;Ord. 830 . 1, 1960]
4.12.020 License required.
A. It shall be unlawful forperson to act as solicitor, peddler or ••
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.
1. Any person who shall sell, deliver or peddle dairy product, poultry,
mollusk, or shellfish must first obtain a license pursuant to this chapter.
2. No licenses shall be issued or -f for the sale of poultry or poultry products or -.'
meat products which are adulterated or distributed under unsanitary conditions.
3. No licenses shall be -f for the sale of t'• produce . of compliance as required by RCW 69.30.020i
B. All persons acting as a solicitor,peddler or ••comply with all laws,
ordinances and regulations,• • all Snohomish• •-r.rtment rer
[Ord, 114i • 2990 i•. i • 2536 • Ord. 830 . 2, 1960].
III Roolicitaim ve-44,lers *r street vendors Must ren*t-anv-�z-Aes-rnriie within the C
4.12.030 License fees.
1. Newspaper carriers;
2. Charitable, religious or nonprofit organizations or corporations which have received tax
exempt status under 26 USC Section 501(c)(3) or other similar civic,, charitable or nonprofit
organizations;
3. Peddlers of fruits, vegetables, berries, eggs or any farm produce edibles raised, gathered,
produced or manufactured by such person,
4. _A -person who, after having been specifically requested by another to do so, calls upon that
other person for the purpose of displaying goods, literature or giving information about any
article,thing, product or service;
5 Notwithstanding the exemptions provided herein, all exempt persons must provide proof of
their exempt status along with photo identification upon request by prospective customer or
law enforcement officer;
. 4 9:4i • 1619 • 1, 1972;Ord830 •iii
A. Any person, firm or other organization desiring to secure a solicitor's, peddler's or street
vendor'sapply • • to the city clerk, on formsprovided by
applicantand such application shall set forth as to each solicitor, peddler or street vendor as the principa
• •
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 of this section as to each;
5. The name, address and telephone number (business and home) of the individual acting as
manager of the principal applicant;
6. Written approval for the vending site from the abutting property owner and/or tenant in
accordance with ECC 4.12.055(L), and
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 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 11 111 J III 111 111111 11 11 11 1 11 111 1 111
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 relatin to
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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 subsection (D)(3) of this
section, 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
1 11 J i 1 111
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.
I im—ftudywiderk is authorized toTromulgate rules regarding the manner and method D_fjt;A-jme_rt,
including a prohibition or regulation of payment by check, and the form of the application, [Ord.
3513 § 3, 2004; Ord. 2990 § 3, 1994; Ord. 2536 § 1, 1985; Ord. 1619 § 21972; Ord. 830 § 4,
1960].
4.12.050 Investigation of applicants.
It shall be the duty of the chief of police to investigate each applicant made under ECC 4.12.040,
in which investigation the chief of police shall determine:
A. The genuineness of all credentials presented by the applicant and/or the individual solicitor,
peddler or street vendor and the reliability of the product or services;
B. If the applicant and/or its solicitor, peddler or street vendor has a criminal record;
C. The truth of the facts set forth in the application; and
D. If the applicant or solicitor, peddler or street vendor proposes to engage in a lawful and
legitimate commercial or professional enterprise.
Such investigation must be completed within a reasonable time. [Ord. 2536 § 1, 1985; Ord. 830 §
5, 1960].
i'lly person-s� .1 _101 a SUCCA, felltltr RU-01
comply with the following requirements'
A. Mobile vending,utiita bo alio io o ate°ibit� tlo ioiiit or��xrsiaiia�c'
arose ineltiditig unzoned` r() eijt or right-of-way adjacent to or abutting commercially zoned
areas::
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t
C All ..vertising shall be placed on • • ••ile vending unit and will not be
allowed on or •ewalk. Maximum sign area allowed shall be 10 square
•
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-3. in no event shall any nonmotorized mobile vending unit exceed 10 feet in length. [Ord, 3 513
The chief of police shall determine,- from his investigation,the
facts set forth in the application are true, that the purpose of applicant and its solicitors,
peddlers or - •• to engage in a lawful and legitimate commercialor professional
enterprise.
Having determined these facts, he shall then approve the application an• the city clerk
the license applied for. Such license shall expire on the 3 1 st day of December of the year in
which such license has been issued. Except as hereinafter provided, no license shall be issued
until the conclusion of the aforesaid investigation, [Ord. 2536 § 1, 1985; Ord. 830 § 6, 1960]i
06r; peddling restrictions.
restrictions -All licenses issued pursuant to this chapter shall be subject to the following time and location
FourthA. of f • purpose o• • and traffic controlon •
of • • 1 i • • - mile of - official fireworksdisplay
place only - confines of - i viewing area as designated by of polic
on 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 b
contacted by peddlers.
r • •' 11 i • . f i1� i f ••1 � .; ff.; • • i rT
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1 � � •i •r
160
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r -r r • • f'fr - • f• f - i
be requested to •• so by any police officer or person • f • 2536 . 1, 1985;i f
i '•1
Such license may be revoked by the city of Edmonds for the violation by either the employer or
the solicitor, peddler or • •: of of ordinances of of f • f of
Edmonds may ali revoke . license forf• f'r the following conditions
A. Failure to comply with the terms of this chapter;
B. Misrepresentation of facts in the licensee's application for the necessary permits;
C. Failure to comply with the terms of a valid street use permit;
D. Creation of a hazard to the public health or safety; or
E. As otherwise provided herein. [Ord. 2536 §'1, 1985; Ord. 830 § 8, 1960].
i
wolves, i i i
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 its 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. 3902
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:
December 09, 2012
and that said newspaper was regularly distributed to its subscribers during all of said period.
r � �
Subscribed and sworn to before me this
day of December, 2012
loth
Notary Public in and for the State of aaalaitlgton, residing at Everett, Snohoroish
County,
Account Named City of Edmonds Account Number. 101416 Order Number 0001803764