Ordinance 3922ORDINANCE NO.3922
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING EDMONDS CITY CODE
CHAPTER 4.90 RELATED TO LICENSING AND
PERMITTING REQUIREMENTS FOR PUBLIC MARKETS,
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Edmonds historically only allows seasonal farmers markets to
operate during the period between May and September, inclusive; and
WHEREAS, there has been expressed interest in having public markets operating any
time of the year; and
WHEREAS, the City would like to update its licensing requirements for such public
markets; and
WHEREAS, the Edmonds City Code Chapter 4.90 does not expressly include public
market as a use subject to permitting and licensing requirements of this chapter; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Chapter 4.90 of the Edmonds City Code, entitled "Community Oriented Open Air
Markets," is hereby retitled "Public Markets" and amended to read as follows (new text is shown
in underline; deleted text is shown in stril eugk):
Chapter 4.90
G-011111RAI IAIITV ORIENTED PUBLIC
OPEN AIR MARKETS
Sections:
4.90.010 Definitions.
4.90.020 Activities requiring a license.
4.90.025 Exemptions.
4.90.030 Prohibited activities.
4.90.040 Licensees limited to nonprofit community oriented organizations.
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4.90.050 Sponsor licensee - Business license required when.
4.90.070 License fee.
4.90.080 Term of license.
4.90.090 Application for license.
4.90.100 Records.
4.90.110 Administration.
4.90.120 Violation of the provisions of the chapter - Civil infraction.
4.90.010 Definitions.
A "Community oriented open airPublic market" shall mean a site OF IGGation mVhp—re Rew or used items are
seldom-y--tw�3-eesrefindavir�+�ai-�e�c�r5, w+t��--eaeh-v�do� aper�ting--indepe�tden-t4y�rem+-the-atkaer-venda�s
aR subleas+ng4)eoth"tatis--er-tables4G�r-the-pugpese-ef-pla(34Rg before the nublis-for-sale-on a temporary
basis Used goods, new waFes OF is defined in ECDC 21.80.103.
The aGtWitwes of the market shall be limited to dayli-qht heur6 on Saturdav and Sunday of eaGIIAyeek-
durin -the months tf duly �4rgtafaer�tember of eaG#� yearlaethgeT �^rTur}ttafietedlr
market,actMes-shall-be-licensed-under the-previsions-af-this-chapter-por-e igi le -as -a -permitted -use
under the nryi6eons of CGDG 16.60020( ) and 1R 1 F !11l1 /A1
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B. "Vendor" shall mean any person, association, group, partnership, corporation or firm who exhibits
goods or services in a public market provided through a duly licensed
sponsor, for the purpose of selling, bartering, trading, exchanging for advertising such goods or services
for sale.
C. "Sponsor" shall mean any person, association, group, partnership, corporation or firm engaged in the
business of providing to any vendor, directly or indirectly, sale spaces, areas or structures within a site
licensed fora GOMMURity oriented opeR aifp.uLblic market for the purpose of using such location during the
term of the market's license. During the study phase in which this ordinance is effective, the promoter
shall be a nonprofit organization as described in ECC 4.90.040.
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lice4;-sed-GommuT44y-Gr4"ted-open-a IoGati€}n-where-i pod&-or$eWIGeS are-0ffer-' r-diWaj4ad
vendor for the p Irnose of le �rle barter, evnhange or advertisement.
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4.90.020 Activities requiring a license.
It shall be unlawful for any person to own, use or permit property to be used as a public market until the
market and site have been licensed under this chapter. No person shall then sell or offer for sale products
at any location in conjunction with a market activity until sponsor has been duly licensed and each vendor
submitted to the city. Nothing in this chapter shall be deemed to authorize activities to be conducted in
accordance with the market's activities unless appropriately licensed as required under another provision
of this code; provided, however, that business license requirements are limited as provided in ECC
4.90.050. For example, pawnbrokers and dealers of secondhand goods shall not conduct activities in
accordance with a market until duly licensed in accordance with the provisions of Chapter 4.75 ECC.
Licensing under the provision of this chapter shall be an alternative to special event licensing under the
authority of the city council or a license for a public amusement as required under Chapter 4.32 ECC.
A. It shall be unlawful for any person to sell or offer for sale goods at a Gommunity oriented open aifp.ubfic
market unless such person has been listed on the application fee of the licensee and paid the processing
requirement specified herein.
B. All structures employed on the site shall comply with the requirements of the State Building Code,
including but not limited to the Uniform Building and Fire Code elements..
C. The activities of the public market shall be limited to daylght hours on Saturday and Sunday of each
week within public rights of way, but extended hours are allowed up to 10 p.m. for any day of the week if
the market takes place outdoors on private property or public property not located within 12ublic rights of
way. Operational hours related to activities of the public market are not limited when the market takes
place within a fully enclosed building.
4.90.025 Exemptions.
The provisions of this chapter shall not be applied to:
A. Require any farmer, gardener or other person who sells any fruits, vegetables or other farm produce or
edibles produced by such person within Snohomish County, Washington and exempt pursuant to RCW
36.71.090 from paying any fee or application. Such persons are exempt from the licensing and fee
requirements of ECC 4.90.080 but may be listed by the licensee as a vendor when sales are conducted in
conjunction with a public market.
I - . � . . - a 2 Z I - . : m . . w3r.0
4.90.030 Prohibited activities.
It shall be unlawful for any person to own, use or permit property to be used for any of the following
prohibited acts in conjunction with the market and unlawful for any person to conduct any of the following
acts in conjunction with the public market:
A. The sale of any raw meat, fish or poultry product unless approved in writing for inclusion by the
Snohomish County Health District;
B. The sale of any beverage or foodstuff unless appropriately licensed from the Snohomish County
Health District; and
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C. No sound amplification system shall be used in conjunction with the market which produces noise
which is audible beyond the boundaries of the area designated in the application.
4.90.040 Licenses limited to nonprofit community oriented organizations.
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stub+�the�ffects�f-oper�ir-mark€etc ^^ +a-�,--�-sari#-y-a€�d--dete�ias--ap�rola�ate--li+�its afad�ar�e�it�ras
for-Eisense4sF,uaece--Based--upan-44PAed4igJat-ef•-wa"nd-et4ar-available-area dthe 199 "or -king —test;
lLicenses to conduct up blic markets shall be issued only to nonprofit
community organizations. Nonprofit community organizations are hereby defined to mean: bona fide
nonprofit 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.
4.90.050 Sponsor licensee - Business license required when.
The issuance of a up blic market license to the sponsor is intended to serve
as a master license authorizing limited business activities during the hGUF6 of daylight on Saturday and
Sunday during Aily, August and Septembe . Vendors at the markets renting or leasing space from the
master licensee are not required to have a city business license unless they engage in other business
activities subject to licensing under the provisions of this title. By way of illustration and not limitation the
following examples are offered:
A. Pawnbrokers and secondhand dealers are required to have licenses as provided by Chapter 4.75
ECC.
B. A business license shall be obtained by any vendor who conducts severed business activities beyond
the premises licensed as a up blic market and/or outside of the time for which
the license is issued. For example, a business operating from a booth on the premises licensed as a
GOMMURity oriented up blic market during the days of approved market operation shall not require
a business license to conduct such activities. If, however, the vendor conducts other business activities
subject to the provisions of Chapter 4.72 ECC, the person conducting such activities shall be duly
licensed in accordance with the provisions of that chapter.
A -premises licer�secisa cerru"'+ef�teaper� air-rxarlt-shal�r�s+dered a tetpvrrySE�fer
the purposes of FECDC 1h^ �.l1 f11Q(A)(7) and F.GD ` 16C.(1 0:20 I Iccc (D)(1)4s a temnoroni aGtwymty, the
Gity GGunGil finds that aRY signs oF strurtures used in aGGOrdanGe with the MaFket do net Fequi
appFoval.-lay-the-arahitectafa!-desig ard, provided,--however-#fat-when-a-OGatien-s utilized fef a
h, 1rinAsR - ise other than an GOMMURity eFiented open aiF maFket, the IGGation of the market shall Ant
desreasa-the required-available-parking-for4-he derlying-per-manent-business use below-the--standar-s
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4.90.070 License fee.
An applicant for a license to operate a ublic market shall pay a $5100.00
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 $5.00 for its participation
in the up blic market during each calendar year. No application shall be
deemed complete until all fees have been paid.
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 GOmmunity ehented 9pe^ air up blic market for which the license was issued. =;Genres shall be
only during daylight heurs_in july, August and Septembe . Ne linencc shall he of Gtive beyond
4.90.090 Application for license.
Each applicant for a license to operate a up blic' market shall file an
application with the city clerk accompanied by the license fee provided for in ECC 4.90.070. The
application shall be in writing and submitted on a form prepared by the city clerk and signed by the
applicant. The application shall give the applicant's nonprofit organization's business address and
principal business location, a copy of documents indicating its charitable nonprofit status as well as the
residence address and phone number of the applicant's agent. In addition to such other information as
the city clerk shall require, the application shall be accompanied by:
A. A plot plan showing the location of any outdoor facilities or activities. Adequate parking and ingress
and egress shall be maintained during the course of this temporary special event. Adequate precautions
shall be put in place to prevent vehicular access to pedestrian pathways within the confines of the activity.
Applications to utilize a site or lot already occupied by an existing business shall show on the plot plan the
location of all parking required to be provided under the provisions of Chapter 17.50 ECDC for such
business.
B. A list of each and every vendor participating or anticipated to participate in the market for which the
license is sought shall be submitted to the city clerk. The listing shall include the vendor's name, address
and business phone number together with a general description of goods and/or services offered by each
vendor. Any changes in the list of vendors shall be provided to the city clerk in a minimum of three
business days prior to the date of the proposed change (i.e., the first date at which the new vendor will
participate in the market).
C. Provisions for event management and garbage control shall be addressed in a management plan. All
tables, tents, booths, signs and other structures associated with the market shall be removed from public
rights of way at the end of each day; provided, however, that approved outdoor storage may be provided
between the close of business Saturday night and the GOFAMeRGernent of business on Sunday
morningthe day a public market is held and commencement of business the following morning can public
land not located within public rights of way or on private property.
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D. Garbage receptacles shall be strategically located and have sufficient capacity to accommodate the
vendors and estimated members of the public in attendance. In addition the area shall be kept clean of
rubbish, garbage, junk, waste paper, plastic, styrofoam cups, sacks, food and other waste. The City of
Edmonds encourages the use of recycling receptacles and products whenever possible. The license
holder shall be responsible to keep the area clean. The area to be kept clean shall include the area
immediately surrounding sidewalks and public streets.
DE. Temporary signage announcing the event shall be approved on the site in the licensing process in
accordance with the requirements of ECDC 20.60.080.
€F. The fire marshal shall designate appropriate fire lanes through the licensed area on the plot plan.
These fire lanes are intended for pedestrian use and shall be kept free of structures, debris or other
blockage. Failure to maintain appropriate fire lanes shall be cause for immediate revocation of the
license. The police chief may, in his or her sole discretion, require that security personnel be provided by
the GOMMunity GRented open aiF2qtlic market during times and in a number designated by the police.
4.90.100 Records.
The named licensee sponsor of the GOMM Rity oriented open air up blic market shall maintain a record of
all vendors participating in the event. Such record shall be available for inspection by the city clerk or a
designated agent during normal business hours of city offices (that is 8:00 a.m. to 54:030 p.m. Monday
through Friday, excluding legal holidays).
4.90.110 Administration.
The license fora up blic market may be revoked at the discretion of the mayor
or designee at any time for failure to comply with the provisions of this chapter or for violation of any other
provision of the city code. Notice of revocation shall be served personally 24 hours prior to the date such
revocation shall be effective. The licensee may request a hearing before the Edmonds GCity sCouncil;
provided, however, that in the interim no activity shall be conducted until such time as the Edmonds eCity
sCouncil has heard the appeal of the licensee from the original determination of the mayor or designee.
4.90.120 Violation of the provisions of the chapter — Civil infraction.
Any person violating any of the requirements of this chapter shall be guilty of a civil infraction and shall be
punishable by a fine of up to $1,000. EaGh day of violation rshall be a sepaFate offense.
Effective Date. This ordinance being an exercise of a power specifically delegated to the City
legislative body, is not subject to referendum and shall take effect five (5) days after passage and
publication of an approved summary thereof consisting of the title.
MAYOR DAVID O. EARLING
0
ATTEST/AUTHENTICATED:
A..E.C<"' ems,
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF HE CITY ATTORNEY:
BY
JEFF TARADAY
FILED WITH THE CITY CLERK: 05-17-2013
PASSED BY THE CITY COUNCIL: 05-21-2013
PUBLISHED: 05-26-2013
EFFECTIVE DATE: 05-31-2013
ORDINANCE NO. 3922
SUMMARY OF ORDINANCE NO.3922
of the City of Edmonds, Washington
On the 21" day of May, 2013, the City Council of the City of Edmonds passed Ordinance
No. 3922. A summary of the content of said ordinance, consisting of the title, provides as
follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING
EDMONDS CITY CODE CHAPTER 4.90 RELATED TO LICENSING AND PERMITTING
REQUIREMENTS FOR PUBLIC MARKETS, AND ESTABLSIHING AN EFFECTIVE
DATE.
The full text of this Ordinance will be mailed upon request.
DATED this 22°d day of May, 2013.
ITY CLERK, SANDRA S. CHASE
8
Affidavit of Publication
STATE OF WASHINGTON, I
COUNTY OF SNOHOMISH
5! FM k—MkOF OR-INANCE NO.3„ 2
of the CIRy c' Edrrtoir$s, W�rsgPon
On the 21st day of ►hey, 2013, the City Couricl! of the Ciiyy of
Ednign passOrd Ofduranee .to. 3922. A su/nmat}I of the CAfltsrd
018 wdimtnr s„ Cofiaistlrq� of file titre„ pttsvides as folf0w$:
AN DRt]1NAfyCE OF THE CirY OF EDMONDS, WASHINGTON,
ED
UaELICENSING OA14D PERMtTTiNG EOUIREMENTS FOR
PUBLIC FAA:;K S, AND ESTAOLSIHiNG AN EFFECTIVE
DATE.
The full text of this Ordinance will be mailed upon request.
DATED this 22nd day of May, 2013.
CITY CLERK, SANDRA S. CHASE
Published: May 26, 2013.
Account Name: City of Edmonds v
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- 3922
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:
May 26, 2013
and that said newspaper was regularly distributed to its subscribers during all of said period.
Subscribed and sworn to before me this
day of May, 2013
Notary Public in and for the State of Wasilinml
County.
Account Number: 101416
27th
`pN"
fe Iding at Everett, Snob MIS
/'J�
A ?-17-2015 C)
Order Number: 0001821851