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Ordinance 4165ORDINANCE NO.4165 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON RELATING TO BUSINESS LICENSES AND AMENDING SECTIONS OF EDMONDS CITY CODE TITLE 4 AND EDMONDS COMMUNITY AND DEVELOPMENT CODE TITLE 20 IN ACCORDANCE WITH THE STATE OF WASHINGTON BUSINESS LICENSE SYSTEM REQUIREMENTS WHEREAS, the City of Edmonds requires certain businesses to obtain business licenses; and WHEREAS, Engrossed House Bill (EHB) 2005 was passed by the Washington State Legislature with an effective date of July 23, 2017; and WHEREAS, EHB 2005 is intended to simplify the administration of municipal general business licenses for the applicants and improve the business climate; and WHEREAS, EHB 2005 requires that all cities with business licenses administer business licensing through the state's business license system (BLS) by 2027 or through the FileLocal system by 2020; and WHEREAS, the City of Edmonds has administered its business licensing through BLS beginning in May, 2019; and WHEREAS, the Edmonds City Code and Edmonds Community Develop Code require amendments in order to align with BLS business practices; NOW THEREFORE; THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS: Section 1. Amendment. Sections 4.11.010, 4.11.020, 4.12.020, 4.24.010, 4.32.020, 4.40.020, 4.44.020, 4.48.020, 4.50.030, 4.50.080, 4.52.060, 4.56.010, 4.60.020, 4.72.010, 4.72.020, 4.72.021, 4.72.030, 4.72.040, 4.75.010, 4.85.020, 4.90.020 of Edmonds City Code Title 4 entitled "Licenses" is hereby amended as shown in Exhibit A (deleted text in str-ikethre added text in underline) , and adopted herein by reference. Section 2. Amendment. Section 20.20.010 of Edmonds Community and Development Code entitled "Home Occupation" is hereby amended as shown in Exhibit B (deleted text in striliethre #, added text in underline), and adopted herein by reference. Section 3: Severability. If any section, sentence, clause, or phrase of this ordinance or any city code section amended hereby should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other section, sentence, clause, or phrase of this ordinance or the amended code section. Section 4: Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5: 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/AUTHENTICATE: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY; API'I VII�: MAYOR, DAVE EARLING 2 BY JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. November 27, 2019 December 3, 2019 December 6, 2019 December 11, 2019 4165 3 SUMMARY OF ORDINANCE NO.4165 of the City of Edmonds, Washington On the 3rd day of December, 2019, the City Council of the City of Edmonds, passed Ordinance No. 4165. 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 BUSINESS LICENSES AND AMENDING EDMONDS CITY CODE TITLE 4 AND TITLE 20 TO UPDATE ITEMS IN ACCORDANCE WITH THE STATE OF WASHINGTON BUSINESS LICENSING SYSTEM REQUIREMENTS The full text of this Ordinance will be mailed upon request. DATED this 3d day of December, 2019. Y LERK, SCQ SSEY 4 Edmonds City Code and Community Development Code Chapter 4.11 MOTOR VEHICLE WRECKERS Chapter 4.11 MOTOR VEHICLE WRECKERS Sections: 4.11.010 Definitions. 4.11.020 License required. 4.11.030 Records to be kept. 4.11.040 Improper practices. 4.11.050 Location and appearance of place of business. 4.11.060 Penalties. 4.11.300 Severability. 4.11.010 Definitions. The following words and phrases as used in this chapter shall have the following meanings: A. "Department" means the Washington State Department of Motor Vehiele Licensing. Page 6/107 B. "Established place of business" means a building or enclosure which the owner occupies either continuously or at regular periods and where his books and records are kept and business is transacted and which must conform with the zoning regulations of the city of Edmonds. C. "Motor vehicle wrecker" means every person, firm, partnership, association or corporation engaged in the business of buying, selling or dealing in vehicles of a type required to be licensed under the laws of this state, for the purpose of wrecking, dismantling, disassembling or substantially changing the form of any motor vehicle or trailers, or who buys or sells integral secondhand parts of component material thereof, in whole or in part, and deals in secondhand motor vehicle parts. [Ord. 1918 § 1, 1977]. 4.11.020 License required. Before engaging in the business of wrecking motor vehicles or trailers, every motor vehicle wrecker must have a current, valid state license issued by the department authorizing him to do so, as well as any business license that may b�quired pursuant to Chapter 4.72 ECC. The owner shall cause the license to be prominently displayed in his place of business where it may be inspected by an investigating officer or police officer at any time. [Ord. 1918 § 3, 1977]. 4.11.030 Records to be kept. A. Every motor vehicle wrecker shall maintain books or files in which he shall keep a record and a description of every vehicle wrecked, dismantled, disassembled or substantially altered by him, together with the name of the person, firm or corporation from whom he purchased the vehicle. Such record shall also contain: 1. The certificate of title number (if previously titled in this or any other state); 2. Name of state where last registered; 3. Number of the last license number plate issued; 4. Name of vehicle; 5. Motor or identification number and serial number of the vehicle; 6. Date purchased; 7. Disposition of the motor and chassis, and such other information as the department may require. B. A motor vehicle wrecker shall also maintain a similar record of all disabled vehicles that have been towed or transported to the motor vehicle wrecker's place of business or his representative. This record shall specify the name The Edmonds City Code and Community Development Code is current through Ordinance 4154, passed July 2, 2019. Edmonds City Code and Community Development Code Chapter 4.12 PEDDLERS, SOLICITORS AND STREET VENDORS Chapter 4.12 PEDDLERS, SOLICITORS AND STREET VENDORS Sections: 4.12.010 Definitions. 4.12.020 License required. 4.12.030 License fees. 4.12.040 License application — Information required. 4.12.050 Investigation of applicants. 4.12.055 Street vendor requirements. 4.12.060 Issuance of license — Expiration. 4.12.065 Soliciting and peddling restrictions. 4.12.070 Carrying of license required. 4.12.080 Revocation of license. 4.12.085 Appeal procedure. 4.12.090 Purchase orders — Form and content. 4.12.100 Penalties. 4.12.110 Severability. Page 8/107 4.12.010 Definitions. A. "Solicitor" or "peddler" means any person who shall sell, offer for or expose for sale, or who shall trade, deal or traffic in any goods or services in the city by going from house to house or from place to place or by indiscriminately 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 canvasser who solicits trade from wholesale or retail dealers in the city. 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. 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 nonmotorized mobile vending unit. C. "Motorized mobile vending unit" means a truck, van or other motorized vehicle that incorporates a kitchen or other food preparation area from which prepared or prepackaged food may be sold. D. "Nonmotorized mobile vending unit" means a cart, kiosk or other device capable of being pushed by one person, with at least two functional wheels and positive wheel -locking devices. [Ord. 3902 § 1 (Att. A), 2012; Ord. 3513 § 1, 2004; Ord. 2536 § 1, 1985; Ord. 830 § 1, 1960]. 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.. The license required by this chapter is in addition to a business license that may b�quired under Chapter 4.72 ECC. 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. 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. The Edmonds City Code and Community Development Code is current through Ordinance 4154, passed July 2, 2019. Edmonds City Code and Community Development Code Chapter 4.24 GAME LICENSES Chapter 4.24 GAME LICENSES Sections: 4.24.010 License required. 4.24.020 License fee. 4.24.025 Application forms. 4.24.026 Police investigation and issuance of video game arcade license. 4.24.027 Video game arcades — Location and hours of operation. 4.24.030 Pool or billiard rooms — Hours of operation. 4.24.040 Pool or billiard room license — When not granted. 4.24.050 Revocation of license. 4.24.100 Penalty for violations. Page 18/107 4.24.010 License required. A. Operator's License. It is unlawful for any person, corporation, partnership, firm, or other association to keep, operate, or allow the operation of any pool table, billiard table, automatic amusement game or so-called game of skill including video games and pinball machines, juke box or other automatic music machine open to the public at large, including private clubs, within the city of Edmonds without having first procured an operator's license from the city clerk and having paid the amount of such license fee to the city. B. Video Game Distributor's License. It is unlawful for any person, corporation, partnership, firm, or other association to lease or rent to, or place with an operator any automatic amusement game or so-called game of skill that is a video game within the city of Edmonds without having first procured a video game distributor's license from the city clerk and having paid the amount of such license fee to the city. C. Video Game Arcade License. It is unlawful for any person, corporation, partnership, firm, or other association to manage, operate, own or otherwise control a business having 10 or more automatic amusement game machines or devices commonly known as video games within the same building without first obtaining and annually renewing a video game arcade license. [Ord. 2288 § 1, 1982; Ord. 2276 § 1, 1982; Ord. 2253 § 1, 1981; Ord. 2173 § 1, 1980; Ord. 1766 § 25, 1975; Ord. 556 § 5, 1946]. D. The licenses required under this chapter are all in addition to a business license that may b�quired under Chapter 4.72 ECC. 4.24.020 License fee. A. Operator's License Fee. The license fee for the operator's license required under ECC 4.24.010(A), excluding video games, shall be $25.00 per year for each table, game and/or machine. The license fee for video games shall be $50.00 per year per machine. B. Video Game Distributor's License Fee. The license fee for the video game distributor's license required under ECC 4.24.010(B) shall be $300.00 per year. C. Expiration and Half Year Licenses. All licenses required by ECC 4.24.010 shall expire on December 31 st of each respective year and all licenses taken out after June 30th of each respective year shall pay one-half of the annual license fee for that year and upon such payment shall be issued a license for the remaining portion of said calendar year. D. Video Game Arcade License Fee. The license fee for the video game arcade license shall be according to the following schedule: 1. $200.00 if the business has 10 to 20 video games within one building. 2. $300.00 if the business has 21 to 30 video games within one building. The Edmonds City Code and Community Development Code is current through Ordinance 4154, passed July 2, 2019. Edmonds City Code and Community Development Code Chapter 4.32 PUBLIC AMUSEMENTS Chapter 4.32 PUBLIC AMUSEMENTS Sections: 4.32.010 Definitions. 4.32.020 License required — Exceptions. 4.32.030 Procedure. 4.32.040 Police/fire investigation — Approval. 4.32.050 Issuance of license. 4.32.060 License fees/term. 4.32.070 Revocation of licenses. 4.32.080 Notice of revocation — Appeal. 4.32.090 Emergency suspension of license. 4.32.100 Acceptance of chapter terms. 4.32.110 Penalties. 4.32.200 Severability. 4.32.010 Definitions. A. "Person" shall mean any individual, firm, corporation, partnership or unincorporated association. B. "Police chief' and "fire chief' shall include his/her designee. Page 23/107 C. "Public amusement" means circuses, carnivals, motion picture shows, exhibitions, concerts, side shows, vaudeville, amusement parks and any other form of diversion, pastime or recreation conducted for and open to the public regardless of whether an admission fee or other charge is made for attendance; provided, however, that nothing herein shall require the licensing and inspection of an activity conducted under the auspices of a bona fide, accredited grade school, middle school, high school or college and conducted on the premises thereof in facilities previously inspected and approved for public assembly. [Ord. 2671, 1988; Ord. 2653 § 1, 1988; Ord. 2175 § 1, 1980]. 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. The license required by this chapter is in addition to a business license that may b�quired under Chapter 4.72 ECC. B. No fee shall be required for the application of a nonprofit, charitable or religious community organization. [Ord. 2671, 1988; Ord. 2175 § 1, 1980]. 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 information: 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. A sketch showing the location, size and arrangement of facilities shall be included with the application. 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. The Edmonds City Code and Community Development Code is current through Ordinance 4154, passed July 2, 2019. Edmonds City Code and Community Development Code Chapter 4.40 PUBLIC DANCES Chapter 4.40 PUBLIC DANCES Sections: 4.40.010 Public dance defined. 4.40.020 License required — Fee — Hours of operation. 4.40.030 Police officer required — Powers and duties. 4.40.040 Penalty for violations. Page 27/107 4.40.010 Public dance defined. For the purpose of this chapter, any dance for which an admission or entrance fee is charged shall be considered a public dance, whether the attendance be upon invitation or otherwise. [Ord. 2174 § 1, 1980; Ord. 349 § 1, 1923]. 4.40.020 License required — Fee — Hours of operation. A. Required. Any person, corporation, firm, partnership or other association other than those exempted in subsection B of this section, desiring to conduct a public dance within the corporate limits of the city of Edmonds shall first procure from the city clerk a license granting them the right to conduct such dance. The license required by this chapter is in addition to a business license that may be required under Chapter 4.72 ECC. B. Exempt Organizations. The following shall be exempt from the requirements of this chapter: 1. Nonprofit civic, charitable or religious organizations. 2. Public and/or private schools licensed by the state of Washington. 3. Holders of a valid cabaret license under Chapter 4.48 ECC. 4. Holders of a valid teen dance license under Chapter 4.44 ECC. C. Application Information. Application for a license under this chapter shall be made to the city clerk on forms provided by the city. The application shall contain the following information: 1. The name and address of the person or persons who will be present at the dance and responsible for seeing that the terms and conditions of the license are complied with. 2. The number of expected guests and the hours within which the dance is to be conducted. 3. Whether any alcoholic beverages are to be served or consumed on the premises. 4. Such other information as may be required by the city clerk for proper administration of this chapter. D. Review — Fee. The person or persons listed in subsection 13(1) of this section shall sign the application. The fee for the license shall be $25.00. Upon receipt of the completed application and fee, the city clerk shall forward the application to the police chief. Upon review by the police chief, the city clerk shall issue the license. E. Contents. The license shall state on its face the date for which it is issued and shall expire at 2:00 a.m. of the day following the date for which it is issued. [Ord. 2572 § 1, 1986; Ord. 2174 § 1, 1980; Ord. 490, 1933; Ord. 349 § 2, 1923]. 4.40.030 Police officer required — Powers and duties. The police chief may require, as a condition of issuance of the license, an off -duty police officer to be in attendance, which officer shall have the duty of seeing that such public dance is conducted in an orderly and lawful manner and according to the terms of the license. The licensee shall be responsible for reimbursing the off -duty police officer for the time spent. [Ord. 2174 § 1, 1980; Ord. 349 § 3, 1923]. The Edmonds City Code and Community Development Code is current through Ordinance 4154, passed July 2, 2019. Edmonds City Code and Community Development Code Chapter 4.44 TEEN DANCE HALLS Chapter 4.44 TEEN DANCE HALLS Sections: 4.44.010 Definitions. 4.44.020 License — Required — Fee — Renewals. 4.44.030 License — Exemption and waiver of payment. 4.44.040 License — Application. 4.44.050 License — Refusal to grant. 4.44.070 License — Revocation. 4.44.072 Teen dance — Age restrictions. 4.44.074 Teen dance — Readmission fee. 4.44.076 Access — Public safety officer — Director. 4.44.078 License limited to licensee and location. Page 29/107 4.44.010 Definitions. For the purpose of this chapter and unless the context plainly requires otherwise, the following definitions are adopted: A. "Teen dance" means any dance that is open to the public and which permits the entry of persons under the age of 18 years and which: (1) is conducted for a profit, direct or indirect; or (2) requires a monetary payment or contribution from the persons admitted. B. "Teen dance hall' means any place or premises where a teen dance is conducted, including but not limited to all parking areas, hallways, bathrooms and all adjoining areas accessible to the public during the dance. C. "Person" includes one or more natural persons, corporations, partnerships or unincorporated associations or other forms of business organization. D. "Police chief' means the Edmonds police chief or his designee. [Ord. 2572 § 3, 1986]. 4.44.020 License — Required — Fee — Renewals. A. It is unlawful for any person to conduct a teen dance within the city of Edmonds without first having obtained and being the holder of a valid and subsisting license for such activity, to be known as a teen dance license. The fee for a teen dance license is $300.00. The license required by this chapter is in addition to a business license that may be required under Chapter 4.72 ECC. B. The entire annual license fee shall be paid for the applicable calendar year regardless of when the application for license is made, and shall not be prorated for any part of the year except that if the original application for license is made subsequent to June 30th, the license fee for the remainder of that year shall be one-half of the annual license fee. Annual license renewals shall be required to be obtained and paid in full by January 31 st of each respective calendar year; provided, however, for calendar year 1986, teen dance licenses shall be obtained and paid in full on or before September 1, 1986. C. There shall be assessed and collected by the clerk an additional charge computed as a percentage of the license fee, on renewal applications not made on or before the expiration date, as follows: Additional Percentage of Days Past Due License Fee 7 — 30 25% 31 — 60 50% 61 and over 100% The Edmonds City Code and Community Development Code is current through Ordinance 4154, passed July 2, 2019. Edmonds City Code and Community Development Code Chapter 4.48 CABARET DANCES Chapter 4.48 CABARET DANCES Sections: 4.48.010 Cabaret defined. 4.48.020 License fee. 4.48.025 Inspection fee. 4.48.030 License application and issuance. 4.48.040 Regulations applicable to cabaret dances. 4.48.050 Inspection of cabarets. 4.48.060 Dancing — Hours of operation. 4.48.070 Revocation of license — Hearing procedure — Appeal. 4.48.080 Penalty for violations. 4.48.300 Severability. Page 33/107 4.48.010 Cabaret defined. For the purposes of this chapter, a "cabaret" is defined as any public place of business, except a teen dance hall as defined in Chapter 4.44 ECC, wherein food or beverages are dispensed and dancing is allowed or permitted without charge. [Ord. 2572 § 2, 1986; Ord. 594 § 2, 1949]. 4.48.020 License fee. The license fee for operating a cabaret shall be $25.00 per year; the year to run from the date of the issuance of such license. The license required by this chapter is in addition to a business license that may be required under Chapter 4.72 ECC. [Ord. 594 § 3, 1949]. 4.48.025 Inspection fee. In addition to the license fee referenced in this chapter, the applicant shall pay a charge equal to the actual cost of inspecting the premises in accordance with the provisions of ECDC 19.75.065. [Ord. 3452 § 4, 2003]. 4.48.030 License application and issuance. Any person, firm, corporation or other entity desiring a cabaret license shall make application to the city clerk, which application shall specify the name and address of all owners or other person interested or having a proprietary interest in the premises, specify the type of music to be presented and the hours and days that cabaret dancing shall be conducted, together with such other information as may be requested from time to time by the city council. The license fee shall accompany the application for license and shall not be prorated for any portion of a year. Licenses issued under this chapter may be issued by the city clerk only after approval by the city council. [Ord. 1762 § 1, 1975; Ord. 594 § 4, 1949]. 4.48.040 Regulations applicable to cabaret dances. Closing hours, health and fire restrictions, conduct of patrons, lighting level in rooms and all other general and special regulations of the existing ordinances of the city of Edmonds or as they shall be amended or added to from time to time, relating to dances and dancing, and as regard morality and decency shall be effective as to and govern dances permitted under this chapter except as otherwise provided in this chapter; provided, however, the city council shall have the right to require that special police officers, as provided for in Chapter 4.40 ECC, be in attendance as a condition of the granting of any license under this chapter; provided, further, the city shall have the right to review the need for special police officers in attendance at any dances licensed hereunder and may require the presence of such officers after a license has been issued if such is found to be necessary for the public hearing in the manner as provided in ECC 4.48.070. [Ord. 1762 § 2, 1975; Ord. 372 § 3, 1925]. 4.48.050 Inspection of cabarets. It is unlawful for the owner of any hotel, restaurant or cafe where dancing is carried on, his agent or employee, to refuse admission to any public officer for the purpose of inspecting such hotel, restaurant or cafe to see if the ordinances of the city of Edmonds with reference to health, regulations, prevention of fire hazards and morality and decency in the city are being complied with in said place. [Ord. 372 § 5, 1925]. The Edmonds City Code and Community Development Code is current through Ordinance 4154, passed July 2, 2019. Edmonds City Code and Community Development Code Chapter 4.50 LICENSING OF PUBLIC MASSAGE PARLORS AND PUBLIC BATHHOUSES Page 36/107 D. "Massage parlor" means a place where massages are given or furnished for, or in expectation of, any fee, compensation or monetary consideration. E. "Massage parlor attendant" means any person who administers to, or performs services for, patrons of a massage parlor or who supervises the work of a masseur or masseuse or other person administering to, or performing services to, such patrons. The term does not include a person who performs only custodial or janitorial work. F. "Masseur" or "masseuse" means a person engaged in the practice of massage and shall be referred to herein only as "masseur". G. "Person" means any individual, firm, partnership, association, company, or organization of any kind. H. "Public bathhouse" means any place where baths or facilities for baths of any kind whatever are given or furnished and the terms shall include but not be limited to: Finnish baths; Russian baths; sauna baths; Swedish baths; Turkish baths; baths by hot air, steam, vapor, water or electric cabinet; provided, that such term shall not include ordinary tub or shower baths where attendant is not required. I. "Public bathhouse attendant" means any person who administers to, or performs services for, patrons of a public bathhouse or who supervises the work of such a person. The term does not include a person who performs only custodial or janitorial work. [Ord. 1823 § 1, 1976; Ord. 1684 § 2, 1973]. 4.50.020 Exemptions. A. The provisions of this chapter do not apply to: 1. Any person giving massage treatments or baths in a private residence who operates as a sole proprietorship, owns and resides at the private residence and employs no other person or persons; 2. Persons giving massage treatments or baths in a nonprofit, bona fide charitable club, a private social club or a public or private athletic club; 3. Athletic coaches or trainers affiliated with public or private educational institutions or athletic organizations; 4. Students enrolled in schools of massage performing such practices of massage as are incidental to their course of study; 5. The provisions of this chapter shall not apply to massage treatments given in any hospital, duly licensed nursing or convalescent home, or by physical therapist or massage therapist duly licensed, who treat patients upon written prescription or direction of a duly licensed health care professional authorized by the state of Washington to treat the sick, injured, or infirm, or by any nurse under the direction of a person so licensed; 6. Licensed beauty operators and barbers who perform only such acts of scalp or facial massage as are customarily given in beauty salons and barbershops for purposes of beautification only are also exempt from the provisions of this chapter; 7. Massage parlors where all massage services are performed solely by massage therapists duly licensed in accordance with the laws of the state of Washington. B. The applicant shall have the initial burden of proof of establishing by a preponderance of the evidence that he/she/it falls within any of the exceptions created by this section in any proceeding, administrative, civil or criminal. [Ord. 2914 § 1, 1993; Ord. 2609 § 1, 1987; Ord. 2554 § 1, 1986; Ord. 2497, 1985; Ord. 1700, 1974; Ord. 1684 § 3, 1973]. 4.50.030 License required — Massage parlor and public bathhouse. It is unlawful to conduct, operate, or maintain a massage parlor, or public bathhouse unless such establishment or premises is licensed as provided in this chapter. The license required by this chapter is in addition to a business license that may be required under Chapter 4.72 ECC. [Ord. 1823 § 2, 1976; Ord. 1684 § 4, 1973]. The Edmonds City Code and Community Development Code is current through Ordinance 4154, passed July 2, 2019. Edmonds City Code and Community Development Code Page 40/107 Chapter 4.50 LICENSING OF PUBLIC MASSAGE PARLORS AND PUBLIC BATHHOUSES B. In accordance with the provisions of Chapter 18.108 RCW as a licensed massage therapist. [Ord. 2609 § 4, 1987]. C. A person providing such services as an independent contractor may also be required to obtain a business license under Chapter 4.72 ECC. 4.50.130 City clerk to issue licenses. A. Massage Parlor, Sauna Parlor and Public Bathhouse License. If, from the information supplied the city clerk, it appears that the application and the premises are fit and proper, and the statements contained in the application are true and complete, and that the applicant or the owners of the application firm have not been convicted of violating the provisions of state statute or any local ordinance regulating the provisions of massage services or the operation of a massage parlor, public bathhouse or body studio and that the applicant has complied with all the requirements of this code, the city clerk shall issue a license for the business to the applicant, otherwise the license application shall be denied. B. No person shall operate a massage parlor or public bathhouse until a license has been approved in the manner specified by this chapter. C. No massage business license shall be issued for a business premises presently under suspension pursuant to action under this chapter, nor for a period of six months following the date of a revocation pursuant to the terms of this chapter. D. Massage Parlor, Sauna Parlor, Body Painting Studio and Public Bathhouse Attendant License. If in the information supplied to the city clerk it appears that: 1. The applicant is a fit and proper person to serve as a massage parlor, sauna parlor, body painting studio or public bathhouse attendant; 2. The statements contained in the application are true and complete; 3. The applicant has not been convicted of violating the provisions of state statute or any local ordinance relating to the provision of massage services, the operation of a massage parlor, sauna parlor, public bathhouse or body studio and has not committed any offense of prostitution or other similar sexual offense which is a crime under the statutes of any state; and 4. The applicant has complied with all the requirements of this code, then the city clerk shall issue license for the business to the applicant; otherwise the license application shall be denied. [Ord. 2609 § 5, 1987; Ord. 2554 § 5, 1986; Ord. 1829, 1976; Ord. 1823 § 11, 1976; Ord. 1684 § 14, 1973]. 4.50.140 Denial of license — Hearing. Any applicant whose application has been denied may, within 10 days following notification of the denial, file a petition for a hearing with the city council. The city council shall set a hearing date within 30 days of receiving such request. [Ord. 1684 § 15, 1973]. 4.50.150 Liquor, controlled substances — Prohibited — Exception. A. Liquor, as that term is defined by the Washington State Alcoholic Beverage Control Act, shall not be distributed or consumed on any premises under regulation by this chapter, unless the premises is licensed to serve the same by the Washington State Liquor Control Board. B. Controlled substances, as defined by the Washington State Uniform Controlled Substances Act, and/or ordinances of the city of Edmonds, shall not be distributed or consumed on any premises under regulation by this chapter. [Ord. 1684 § 16, 1973]. 4.50.160 Hours of operation. All massage businesses shall be closed and all services performed therein discontinued between the hours of 12:00 midnight and 8:00 a.m. [Ord. 1823 § 12, 1976; Ord. 1684 § 17, 1973]. The Edmonds City Code and Community Development Code is current through Ordinance 4154, passed July 2, 2019. Edmonds City Code and Community Development Code Chapter 4.52 REGULATIONS FOR ADULT ENTERTAINMENT FACILITIES Page 46/107 1. Less than completely and opaquely covered human genitals, pubic region, anus, or areola of the female breasts or any artificial depiction of the same; or 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. R. "Specified criminal activities" shall mean and include any conviction for acts which constitute sexual crimes against children, sexual abuse, rape, distribution of obscenity or erotic material to minors, prostitution, pandering, or racketeering. S. "Specified sexual activity" shall mean and include any of the following: 1. The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts; or 2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or 3. Masturbation, actual or simulated; or 4. Human genitals or artificial depictions of the same in a state of sexual stimulation, arousal or tumescence; or 5. Excretory functions as part of or in connection with any of the activities set forth in subdivisions 1 through 4 of this subsection. T. "Transfer of ownership or control' shall mean and include any of the following: 1. The sale, lease, or sublease of an adult entertainment facility, or substantially all of the assets of an adult entertainment facility; or 2. The transfer of securities which constitute a controlling interest in the adult entertainment facility, whether by sale, exchange, or similar means; or 3. The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the adult entertainment facility, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control. [Ord. 3097 § 4, 1996]. 4.52.040 Prohibition. A person shall not use any property or establishment for an adult entertainment facility within the city of Edmonds, except as allowed in this chapter and the Edmonds Community Development Code. [Ord. 3097 § 4, 1996]. 4.52.050 Regulated uses. All adult entertainment facilities are subject to the provisions of the Community Development Code and the regulations contained in this chapter. [Ord. 3097 § 4, 1996]. 4.52.060 License required. A. It shall be unlawful to operate an adult entertainment facility without a valid adult entertainment facility license, issued by the city for the particular type of adult entertainment to be conducted. The license or licenses required under this chapter are in addition to a business license that may b�quired under Chapter 4.72 ECC. B. The city clerk, or his/her designee, is responsible for granting, denying, revoking, renewing, suspending, and canceling adult entertainment facility licenses. The director of the department of planning or his/her designee is responsible for ascertaining whether a license application for a proposed adult entertainment facility complies with all requirements enumerated herein and all other applicable zoning laws and/or regulations. C. An application for an adult entertainment facility license shall be made on a form provided by the city. D. The completed application shall contain the following information and shall be accompanied by the following documents: The Edmonds City Code and Community Development Code is current through Ordinance 4154, passed July 2, 2019. Edmonds City Code and Community Development Code Page 57/107 Chapter 4.56 SOUND TRUCKS Chapter 4.56 SOUND TRUCKS Sections: 4.56.010 License required — Fee — Hours of operation. 4.56.020 Penalty for violations. 4.56.010 License required — Fee — Hours of operation. It is unlawful for any person, firm, corporation, organization or institution to operate a sound truck or mobile public address system over, upon, across and adjacent to the streets and alleys within the corporate limits of the city of Edmonds, until or unless a license to operate the same shall be obtained by paying to the city clerk the sum of $25.00 for each and every day the sound truck or mobile public address system is to be operated in the city of Edmonds; provided, that under no condition shall the sound truck or mobile public address system be operated other than between the hours of 8:00 a.m. and 8:00 p.m.; provided, further, that the mayor in his discretion may waive the license fee for certain public, charitable or school organizations, but the hours during which the sound truck or mobile public address system may be operated will remain the same. The license required under this chapter is in addition to a business license that may b�quired under Chapter 4.72 ECC. [Ord. 825 § 1, 1960]. 4.56.020 Penalty for violations. Any person, firm, corporation, organization or institution found guilty of violating any of the terms or provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $250.00, or imprisonment in the city jail for a period not to exceed 90 days, or by both such fine and imprisonment. [Ord. 825 § 2, 1960]. The Edmonds City Code and Community Development Code is current through Ordinance 4154, passed July 2, 2019. Edmonds City Code and Community Development Code Page 59/107 Chapter 4.60 TAXICABS 4.60.020 Operator's license — Required. No person shall operate or permit a motor vehicle owned or controlled by him to be operated as a taxicab unless he has first obtained an operator's license. The license or licenses required under this chapter are in addition to a business license that may be required under Chapter 4.72 ECC. [Ord. 1955 § 2, 1977; Ord. 657 § 2, 1954]. 4.60.030 Operator's license — Application. The application for an operator's license shall be made on forms furnished by the city clerk. The completed application shall be signed and sworn to by the applicant before a notary public or some other officer duly authorized to administer oaths. At the time of making application for an operator's license, the applicant shall pay the fee as set forth in ECC 4.60.090. [Ord. 1955 § 3, 1977; Ord. 657 § 3, 1954]. 4.60.040 Operator's license — Information required. A. The applicant's name, driver's license number, date of birth and place of birth; B. The applicant's place of residence and the length of time he has resided in the city, if applicable; C. The applicant's last place of employment with the name and address and telephone number of the employer; D. Whether the applicant or any of his employees are presently or have been previously licensed, or have previously applied for a license, as a taxicab driver or operator; and, if so, where, when and whether or not a license has ever been suspended, revoked or denied and by what jurisdiction and for what cause; E. Whether or not the applicant or any of his employees have ever been convicted of or forfeited bail for a crime, including all traffic offenses for the preceding five years, and, if so, the number of such convictions, approximate dates thereof, and the name of the courts, the crime of which charged, and the final disposition of the case or cases; F. The number of vehicles to be operated or controlled by the applicant and the name, model, year, vehicle identification number, and vehicle license number of each vehicle; G. A list of the names, driver's license numbers, date of birth and addresses of all employees; H. The applicant's financial status including any and all unpaid judgments and the nature of the transaction or acts giving rise to said judgments; I. The name under which the applicant intends to operate; J. Proof of insurance as required by ECC 4.60.100; K. Such other and further information as may be required by the police department. [Ord. 1955 § 4, 1977; Ord. 657 § 4, 1954]. 4.60.050 Operator's license — Investigation. Upon completion of the application and payment of the fee, the city clerk shall forward copies of the application to the police department. The police department shall investigate to see whether all information contained in the application is true and correct and shall verify that all vehicles to be operated as taxicabs are properly licensed. The police department shall forward its report and recommendations to the city council after its investigation is completed. [Ord. 1955 § 5, 1977; Ord. 657 § 5, 1954]. 4.60.060 Operator's license — Council approval. A. The city council shall approve or disapprove all applications for operator's licenses. B. Before approving an operator's license, the city council shall determine the following: 1. That the applicant is financially sound and has fulfilled the insurance requirements of ECC 4.60.100; 2. That all the requirements of this chapter have been met; 3. That the needs of the public would be served by granting the applicant the operator's license; The Edmonds City Code and Community Development Code is current through Ordinance 4154, passed July 2, 2019. Edmonds City Code and Community Development Code Chapter 4.72 BUSINESS LICENSE Page 84/107 4. A seller located outside the city merely delivering goods into the city by means of common carrier is not required to register and obtain a business license; provided, that it engages in no other business activities in the city. Such activities do not include those in subsection (C)(3) of this section. The city expressly intends that engaging in business include any activity sufficient to establish nexus for purposes of applying the license fee under the law and the Constitutions of the United States and the state of Washington. Nexus is presumed to continue as long as the taxpayer benefits from the activity that constituted the original nexus generating contact or subsequent contacts. D. Rental Unit. The term "rental unit" shall mean a separate room or apartment leased for human occupancy and contained within a single structure, and shall include the operations of rooming houses, boarders within private residences and the operation of bed and breakfast establishments. E. Private Residence. The term "private residence" shall mean a separate, freestanding structure leased for residential purposes and human occupancy by one "family" as defined by ECDC 21.30.010. F. Day. The term "day" when used in this chapter shall refer to days on which the city of Edmonds City Hall is open for business. Any day which is defined as a holiday by ordinance and any day on which City Hall has been closed by executive order shall not constitute a "day." [Ord. 4135 § 1, 2018; Ord. 3900 § 2, 2012; Ord. 3834 § 3, 2011; Ord. 3439 § 1, 2003; Ord. 2562, 1986; Ord. 2536 § 2, 1985; Ord. 2315 § 1, 1982]. G. Business Licensing Service. The term "Business Licensing Service" or "BLS" means the office within the Washington State Department of Revenue providing business licensing services to the City. 4.72.020 Business license required. It shall be unlawful for any person to operate, engage in or practice any business in the city of Edmonds without first having obtained a business license from the city. If more than one business is located on a single premises, a separate license shall be required for each separate business conducted, operated, engaged in or practiced. [Ord. 4135 § 1, 2018; Ord. 3282 § 1, 1999; Ord. 1139 § 1, 1965]. 4.72.021 Threshold exemption. To the extent set forth in this section, the following persons and businesses shall be exempt from the registration, license and/or license fee requirements as outlined in this chapter: A. Any person or business whose annual value of products, gross proceeds of sales, or gross income of the business in the city is equal to or less than $12,000 and who does not maintain a place of business within the city shall be exempt from the general business license requirements in this chapter. The exemption does not apply to regulatory license requirements or activities that require a specialized permit. Tax); 3.20(usiness License Ocetipation affd 4.11 (Metar- Vehicle \E r-eeke -s); 4.12 (Peddlers, Soheitors StreetVeiidor and 4.20 (Liquer Lieense Investigatiens); 4.48 (Cabaret Darfees),- 4.50 (Liceffsing Public Massage Par-lors and Public Bathhouses); of 4.56 (Sound '1'yaeks); .�-60 (Taxicabs); The Edmonds City Code and Community Development Code is current through Ordinance 4154, passed July 2, 2019. Edmonds City Code and Community Development Code Page 85/107 Chapter 4.72 BUSINESS LICENSE B. Nonprofit organizations or corporations with tax exempt status under 26 USC Section 501LZ3) shall require a non-profit business license but are exempt from a license fee. [Ord. 4135 § 1, 2018]. 4.72.023 Registration of transient accommodations. Repealed by Ord. 3900. [Ord. 2566 § 1, 1986]. 4.72.030 Procedure. A. Application for the business license shall be made The application shall state the nature and address or addresses of the business or businesses, or proposed business or businesses, of the appliean4, and such other information as requested by the city elerk to the Business Licensing Service, and must include all information required for the licenses requested, and total fees due for all licenses requested, as well as the handlingfee ee required by RCW 19.02.075. rsr�!rye!e!se+se!es:�e.�s!rs�se�e�s!rime!e!sere!:!ee�rss!�r�eerier_�s�rrTe�esrr_eaar !�r�:er_�� C—. B. The city clerk or designee shall presefrt-receive all applications for city business licenses to the maye . The mayor-ci1y clerk or designee shall cause an investigation of the completed application to be made by the proper city officials and shall grant or refuse to grant the license within 15 days of the date of receipt of the application information. If an application is refused the reason for refusal shall be designated on the application. The application fee shall not be refunded, except under the following circumstances: 1. An applicant requests cancellation of a license application from the city within five business dam submitting an application to the Business Licensing Service. [Ord. 4135 § 1, 2018; Ord. 1139 § 1, 1965]. 4.72.040 Fee — Terms — Penalty. A Commencing r.,,,,,ary , 1977, business Business licenses required to be obtained pursuant to this chapter shall be issuedeale.,a,,,.year basis and shag, expire on Deee,,. ber 2, st of the year for " ich they , o,, the date established by the Business Licensing Service. The renewal application must be submitted to the Business Licensing Service, and must contain all information that may be required for all licenses being renewed, and the total fees due for all licenses being renewed, as well as the handlin fee ee required by RCW 19.02.075. B. The annual amounts of-F-e-es-fees for the city business licenses issued hereunder shall be as follows: 1. The fee for an application for a new business license for any business that is not a home occupation, as provided in ECDC 20.20.010, to be operated from any real estate within the city of Edmonds shall be $125.00; 2. The fee for an application for a new business license for a new home occupation business, as provided in ECDC 20.20.010, to be operated from any residential real estate within the city of Edmonds shall be $100.00; 3. The fee for an application for a new business license for any other business conducted for, under contract with or by providing services to any person within the city, to be operated in locations outside the city limits, shall be $50.00; and 4. The fee for an application for an annual renewal of a ci business license shall be $50.00 for any business operated within the city of Edmonds. The Edmonds City Code and Community Development Code is current through Ordinance 4154, passed July 2, 2019. Edmonds City Code and Community Development Code Chapter 4.72 BUSINESS LICENSE Page 86/107 5. A nonprofit business license application shall be exempt from a license fee, provided that the business provides proof of tax exempt status under 26 USC Section 501(c)(3). 6. The term and respective fee amount for a license may be prorated to accommodate synchronizing of the city license expiration date with the business license account expiration date established by the Business Licensing Service, C. All businesses required to renew licenses hereunder shall obtain the same and pay all fees required on or before j.,nuar- . 3' st of eaeb -espe tive ye the expiration date established by the Business Licensing Service. Any business which fails to renew and pay the license fees within said period of time shall, in addition to any other penalties provided in this chapter, be assessed a -the penalty for such late application and/or payment required by RCW 19.02.085. The senaltv foF late n—wM-ent made between February lst and February 28th of each business. Failure to renew a license within 120 days after expiration will result in the cancellation of the license. In order to continue business in the city, reapplication for the license is required as provided in this chapter. D. Repealed by Ord. 3036. [Ord. 4135 § 1, 2018; Ord. 3976 § 1, 2014; Ord. 3710 § 1, 2008; Ord. 3282 § 2, 1999; Ord. 3084 § 1, 1996; Ord. 3036 §§ 1, 2, 1995; Ord. 2191 §§ 1, 2, 1981; Ord. 1828 § 1, 1976; Ord. 1139 § 1, 1965]. 4.72.050 Ineligible activities. Notwithstanding any provisions hereof to the contrary, a license hereunder may not be issued to any person who uses or occupies or proposes to use or occupy any real property or otherwise conducts or proposes to conduct any business in violation of the provisions of any ordinance of the city of Edmonds or the statutes of the state of Washington. The granting of a business license shall in no way be construed as permission or acquiescence in a prohibited activity or other violation of the law. [Ord. 4135 § 1, 2018; Ord. 1139 § 1, 1965]. 4.72.055 Denial of license — Hearing. In the event that a license is denied under this chapter based on the provisions of ECC 4.72.050, or for any other lawful reason, the applicant may request a hearing. Such request shall be in writing and filed within 10 days of the date of written denial by the city of a license application. A hearing shall be scheduled within 30 days before the hearing examiner. The hearing shall proceed in the following format: A. The applicant/appellant shall present proof of the nature of the activities which it seeks to conduct pursuant to a business license in the city of Edmonds. B. The city shall have the burden of establishing, by a preponderance of the evidence, that the activities are in violation of a provision of any ordinance of the city of Edmonds, or the general statutes of the state of Washington. C. The applicant/appellant may then present any rebuttal testimony which it wishes to present. The hearing examiner shall enter written findings of fact and conclusions of law. No motion for reconsideration shall be available to either party. Appeal of the final decision shall be to the Snohomish County superior court in accordance with the applicable laws of the state of Washington. [Ord. 4135 § 1, 2018; Ord. 3834 § 1, 2011]. 4.72.060 Revocation or suspension. The mayor or his designee may, at any time, suspend or revoke any license issued hereunder whenever the licensee or officer or partner thereof has been convicted in any court of competent jurisdiction of violating any statute of the United States or the state of Washington or any ordinance of the city of Edmonds upon the business premises stated in the license or in connection with the business stated in the license; where the business activity violates ECC 4.72.050; or where the place of business does not conform to the ordinances of the city of Edmonds. Prior to such suspension or revocation, the permittee shall be provided an opportunity for a hearing. The licensee shall be notified in writing by sending a written notice to the address stated on the license of the intention of the city to revoke or suspend said license. The applicant may then appeal by filing written notice with the city clerk within 10 days of the notice of revocation or suspension. The city clerk shall schedule a hearing within 20 days before the hearing The Edmonds City Code and Community Development Code is current through Ordinance 4154, passed July 2, 2019. Edmonds City Code and Community Development Code Chapter 4.75 PAWNBROKERS Chapter 4.75 PAWNBROKERS Sections: 4.75.010 License required. 4.75.020 Exemption. 4.75.030 Definitions. 4.75.035 Regulatory rule making — By chief of police. 4.75.040 License fees. 4.75.050 Location. 4.75.060 Application for license. 4.75.070 Criteria for denial or revocation of license. 4.75.080 Request for hearing. 4.75.100 Records required. 4.75.110 Records and articles to be available for inspection. 4.75.120 Seller or consignee to give true name and address. 4.75.130 Transcript to be furnished. 4.75.140 Retention of property. 4.75.150 Ammunition sales or storage. 4.75.160 Interest rates. 4.75.170 Police holds. 4.75.180 Transactions with prohibited persons. 4.75.190 Penalty. Page 89/107 4.75.010 License required. It is unlawful for any person, firm or corporation to engage in the business of pawnbroker or secondhand dealer without first obtaining a license pursuant to the provisions of this chapter. The license required under this chapter is in addition to a business license that may be required under Chapter 4.72 ECC. [Ord. 2431, 1984]. 4.75.020 Exemption. This chapter shall not apply to any bona fide charitable or nonprofit organization, nor shall it apply to any merchants or dealers whose business is limited to used or secondhand clothing, or to any merchant or dealer whose business is limited to the sale of used or secondhand books. [Ord. 2431, 1984]. 4.75.030 Definitions. A. The term "pawnbroker" as used in this chapter, means and includes every person who takes or receives by way of pledge, pawn or exchange, goods, wares, or merchandise or any kind of personal property whatever, for the repayment of security of any money loaned thereon, or to loan money on deposit of personal property, or who makes public display of any sign indicating that he has money to loan on personal property on deposit or pledge. B. The term "secondhand dealer" as used in this chapter, means and includes every person who as a business engages in the purchase, sale, barter, auction, sale on consignment, or otherwise exchanges secondhand goods, or who keeps a store, shop, room or other place where secondhand goods of any kind or description are bought, sold, traded or bartered, pledged, auctioned, sold on consignment, or otherwise exchanged; provided, however, that this term shall not apply to those persons engaged in the business of selling used or secondhand motor vehicles, boats and other recreational vehicles. Secondhand dealer also includes persons or entities conducting business at flea markets or swap meets, more than three times per year. C. The term "secondhand goods" when used in this chapter means and includes any and all used, remanufactured, or secondhand goods purchased or kept for sale by a dealer in secondhand goods including metal, junk or melted metals; provided, however, such term shall not be construed to include used or secondhand motor vehicles, boats and other recreational vehicles. The Edmonds City Code and Community Development Code is current through Ordinance 4154, passed July 2, 2019. Edmonds City Code and Community Development Code Chapter 4.85 HORSE TAXIS Chapter 4.85 HORSE TAXIS Sections: 4.85.010 Definitions. 4.85.020 Activities requiring license. 4.85.030 Vehicle license — Application. 4.85.040 Expiration. 4.85.050 Transfer. 4.85.060 Rates and charges. 4.85.070 Required records. 4.85.080 Licensee obligations. 4.85.090 Police chief requirements. 4.85.100 Driver's license — Application. 4.85.125 License and other related fees. 4.85.130 Issuance. 4.85.140 Display. 4.85.150 Violations. Page 97/107 4.85.010 Definitions. A. A "horse taxi" is a nonmotorized vehicle drawn by a horse, pony, mule, donkey or the like, such as a horse carriage, used for the transportation of passengers and incidental baggage for compensation upon the streets of the city of Edmonds, available for use by the general public. B. An "animal" in this chapter refers to horses, ponies, mules, donkeys or the like, used to draw a horse taxi. [Ord. 2843 § 1, 1991]. 4.85.020 Activities requiring license. No person may own, operate, use, or drive a horse taxi unless the vehicle is licensed under this chapter and no person may drive a horse taxi without a driver's license issued under this chapter. The license required under this chapter is in addition to a business license that may be required under Chapter 4.72 ECC. [Ord. 2843 § 1, 1991]. 4.85.030 Vehicle license — Application. An applicant for a horse taxi license must submit: A. Proof of ownership or lessee's interest in the vehicle; B. The name and address of the owner of the vehicle; C. The make, model, year of manufacture, color, and any identifying number of the vehicle; D. A certificate of public liability insurance, naming the city as an additional insured, providing coverage for the term of the license applied for, in the minimum amounts of $100,000 for any recovery for death or personal injury by one person, $300,000 for aggregate personal injuries or deaths in any one occurrence and $25,000 for damage to property. The insurance liability limits herein shall be subject to automatic increase if the minimum coverage required by state law is increased for state for -hire vehicle permits, pursuant to Chapter 46.72 RCW. Such policy shall provide minimum 30 days' written notice to the city of the cancellation of the policy or change in the liability limits; and E. The schedule or schedules of rates and charges in the form required by ECC 4.85.060. [Ord. 2843 § 1, 1991]. 4.85.040 Expiration. A horse taxi license expires on March 31st of each year. [Ord. 2843 § 1, 1991]. The Edmonds City Code and Community Development Code is current through Ordinance 4154, passed July 2, 2019. Edmonds City Code and Community Development Code Chapter 4.90 PUBLIC MARKETS Chapter 4.90 PUBLIC 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. 4.90.050 Sponsor licensee — Business license required when. 4.90.060 Repealed. 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. "Public market" is defined in ECDC 21.80.103. Page 101/107 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 or 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 for a public market for the purpose of using such location during the term of the market's license. During the study phase in which the ordinance codified in this chapter is effective, the promoter shall be a nonprofit organization as described in ECC 4.90.040. [Ord. 3922, 2013; Ord. 3032 § 1, 1995; Ord. 3015 § 3, 1995]. 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 provisions 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, and is in addition to a business license that may be required under Chapter 4.72 ECC. A. It shall be unlawful for any person to sell or offer for sale goods at a public 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 daylight hours on Saturday and Sunday of each week within public rights -of -way, but extended hours are allowed up to 10:00 p.m. for any day of the week if the market takes place outdoors on private property or public property not located within public 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. [Ord. 3922, 2013; Ord. 3015 § 3, 1995]. The Edmonds City Code and Community Development Code is current through Ordinance 4154, passed July 2, 2019. Edmonds City Code and Community Development Code Page 1/2 20.20.010 Home occupation. A home occupation may be conducted as a permitted secondary use in any residential zone of the city subject to the following regulations: A. A home occupation shall be a permitted use if it: 1. Is carried on exclusively by a family member residing in the dwelling unit; and 2. Is conducted entirely within the structures on the site, without any significant outdoor activity; and 3. Uses no heavy equipment, power tools or power sources not common to a residence; and 4. Has no pickup or delivery by business related commercial vehicles which exceed 20,000 pounds gross vehicle weight (except for the U.S. mail and standard UPS/FedEx sized delivery vehicles); and 5. Creates no noise, dust, glare, vibration, odor, smoke or other impact adverse to a residential area beyond that normally associated with residential use; and 6. Does not include any employees outside of the family members residing at the residence, including but not limited to persons working at or visiting the subject property; and 7. Complies with all performance criteria established pursuant to ECDC 17.60.010; and 8. Does not park or store more than one commercial vehicle or any commercial vehicle over 10,000 pounds licensed gross vehicle weight per dwelling unit pursuant to ECDC 17.50.100. B. A home occupation which does not meet one or more of the requirements of subsection (A) of this section may be approved as a staff approval (Type II decision) if the home occupation will not harm the character of the surrounding neighborhood as evidenced by meeting all of the following criteria: 1. The temporary and permanent keeping of animals associated with a home occupation must comply with all provisions of Chapter 5.05 ECC, Animal Control, and ECDC Title 16; and 2. The home occupation will not include storage, display of goods, building materials and/or the operation of building machinery, commercial vehicles or other tools, unless it meets all of the following criteria: a. Is wholly enclosed within a structure or building; b. Does not emit noise, odor or heat; and c. Does not create glare or emit light from the site in violation of the city's performance criteria; and 3. Does not create a condition which injures or endangers the comfort, or pose health or safety threats to persons on abutting properties or streets; and 4. Does not include visits to the site from more than one nonresident employee per day; and 5. Does not include visits from customers in excess of one vehicle per hour; and 6. Does not include visits from customers between the hours of 9:00 p.m. and 8:00 a.m.; and 7. If visits to the site are to be made by either an off -site employee or customer, on -site parking shall be provided for at least three vehicles; and 8. No parking or storage is provided for more than one commercial vehicle or any commercial vehicle over 10,000 pounds licensed gross vehicle weight per dwelling unit pursuant to ECDC 17.50.100. C. Urban Farming. The Edmonds City Code and Community Development Code is current through Ordinance 4154, passed July 2, 2019. Edmonds City Code and Community Development Code Page 2/2 1. "Urban farming" is defined as the display or sale of edible farm products or fresh produce grown on -site. 2. A home occupation for urban farming not meeting the criteria of subsection (A) of this section is a permitted secondary use in all residential zones if it meets all of the criteria contained in subsection (B) of this section, except that: a. Subsection (B)(5) of this section does not apply. An applicant for a home occupation for the sale of on -site farm products or produce shall be required to submit a written statement indicating compliance with the applicable criteria of subsection (B) of this section accompanied by a site plan showing how any visitors to the site can be accommodated without creating a traffic hazard or nuisance to adjoining properties. b. The general prohibition of the display of goods and requiring the business to be wholly enclosed within a building in subsection (13)(2) of this section do not apply to the display or sale of edible farm products or produce, so long as the display is removed during nonoperating hours. D. Artist Studio. 1. An "artist studio' is defined as the display or sale of hand -made products (artwork) that are produced on site. Items or artwork created off site are not included in this definition. 2. A home occupation for an artist studio not meeting the criteria of subsection (A) of this section may be permitted as a Type II decision if it meets all of the criteria contained in subsection (B) of this section, except that: a. Subsection (13)(5) of this section does not apply. An applicant for a home occupation for an artist studio shall be required to submit a site plan showing how any visitors to the site can be accommodated without creating a traffic hazard or nuisance to adjoining properties. b. The display or sale of hand -made artwork shall remain completely enclosed within a building pursuant to subsection (A)(2) of this section. [Ord. 3889 § 1 (Att. A), 2012; Ord. 3840 § 1, 2011]. E. Business license required. All permitted home occupations approved under any provision of ECDC 20.20.010 A. through D. must also obtain and maintain a City of Edmonds business license, as provided for in Chapter 4.72 ECC, prior to engaging in the permitted business activity at the designated residential location. The Edmonds City Code and Community Development Code is current through Ordinance 4154, passed July 2, 2019. Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Leanna Hartell being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of EDH883468 ORD 4165, 4166, 4167 as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 12/06/2019 and ending on 12/06/2019 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of the fee for s ch publication is $50.68. Subscribed and sworn a me on this �J day of o7a/ Notry Public in and for the State of Washington. City of Edmonds - LEGAL ADS 114101416 SCOTT PASSEY Linda Ahiilips Notary Public State of Was#inafon MYApp-9 PR+rilmeRl Expires OW91 247. ► �. �,.J Classified Proof ORDINANCE SUMMARY ."I". Cily W Edmonds. Wdsfenplen On the 31d day of December, 2019. the City %uncli of the CRY of Etlmanne, pas sod She folaWing OrdinancM Ine summaries of said ardlnencas com i4ming of titles are pr sided as fellows: ORDINANCE Nil, 4165 AN ORDINANCE OF THE CITY OF EDMONDS. WASHINCTCN RELATING TO BUSINESS LICENSES AND AMENDING SECTIONS OF EDMONDS CITY CODE TITLE a AND EDMONDS COMMUNITY AND DEVELOPMENT CODE TITLE 28 IN ACCORDANCE WITH THE STATE OF WAWNGTON BUSINESS LICENSE SYSTEM REQUIREMENTS ORDINANCE NO.4166 AN ORDINANCE OF THE CITY OF EDMONDS. WASHINGTON. ADOPTING THE 2019 AMENDMENTS TO THE CITY COMPREHENSIVE PLAN: AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE ORDINANCE NO.4167 AN ORDINANCE OF THE CfTY OF EDMONDS, WASHMGTON, AMENDING ORDINANCE NO. 4161 A$ A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUN". AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE The Will text of these Omlrlances wig be mellod upon request. DATED 01s; 3rd day of ❑acember, 2019 CITY CLERK, SCOTT PAS SEY Published: Cocomber 6,2019, EDH883468 Proofed by Hartell, Learma, 12/06/2019 08:53:13 am Page: 2