Ordinance 25360006.08019
WSS/naa
11/13/85
ORDINANCE NO. 2536
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING CHAPTER 4.12, PEDDLERS AND SOLICITORS
TO INCLUDE PROVISIONS FOR THE REGULATION OF AND
LICENSING OF STREET VENDORS, PROVIDING FOR DE-
FINITIONS THEREOF, REQUIRING STREET VENDORS TO
BE LICENSED, PROVIDING FOR ANNUAL LICENSE FEES
AND CREDITS AGAINST SAID FEES, PROVIDING RULES
AND REGULATIONS FOR THE ISSUANCE OF SAID
LICENSE AS WELL AS FOR THE CONSTRUCTION AND
OPERATIONS OF MOBILE VENDING UNITS, AND MAKING
PROVISION FOR THE REVOCATION OF ANY LICENSE;
AMENDING SECTION 18.17.030 TO PROVIDE FOR THE
ISSUANCE OF STREET USE PERMITS TO STREET
VENDORS AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Chapter 4.12 of the Edmonds City Code,
Peddlers and Solicitors, is hereby amended to read as follows:
Chapter 4.12
Peddlers, Solicitors and Street Vendors
4.12.010 DEFINITIONS
A solicitor, peddler or street vendor within the
meaning of this Chapter is defined as follows:
A. Any person who shall sell, offer for or expose for
sale, or who shall trade, deal or traffic in any
personal property at retail in the City by going
from house to house or from place to place or by
indiscriminately approaching individuals;
B. Sales by sample or for future delivery, and
executory contracts of sale by solicitors or
peddlers, are embraced within the preceding
subdivision; 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;
C. Any person who, while selling or offering for sale
any goods, wares, merchandise 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 subparagraph D below.
D. Any person who shall sell food, flowers, and/or
non-alcoholic beverages only, from a non -motorized
mobile vending unit, in the commercially zoned
areas of the City of Edmonds, shall be deemed a
street vendor subject to the regulations contained
in this Chapter.
4.12,020 LICENSE REQUIRED
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.
4.12.030 LICENSE FEES
The license fees for solicitors, pdddlers or street
vendors shall be as follows:
A. Investigation Fee: New applications for a
solicitor, peddler or street vendor license shall
be accompanied by a nonrefundable investigation
fee of $10.00. Except as provided in section B
hereof, this investigation fee shall be tendered
only with the initial application of any
individual.
B. Annual Fee: On January 1 of each year all
solicitor, peddler and street vendor licenses
shall automatically expire and be null unless an
annual license fee of $25.00 is paid to the City
Clerk, provided that for licenses issued after
June 30 of any year, only one half the annual fee
shall be required. Any license renewed after June
30 of any year shall be treated as a new
application and subject to the investigation fee.
For each mobile vending unit there shall also be a
yearly fee of $200.00, provided however, that an
offset will be permitted equal to any fee paid
under the provisions of Chapter 4.72 by the
applicant for approval of a mobile vending unit
where said applicant desires to operate the mobile
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"ending unit as an adjunct to any business for
which a business license has previously been
obtained.
C. Associated Solicitor, Peddler and Street Vendor
Fee: For each additional person soliciting,
peddling or vending under the principal
applicant's license pursuant to subparagraph B
above, a fee of eight dollars ($8.00) per year per
person shall be paid. Such fee shall not be
reduced after June 30 as provided .for annual fees
in subsection B.
D. Exemptions: The following person shall be exempt
from license fees and applications required under
this Chapter:
1. Newspaper carriers, and
2. Nonprofit civic, charitable, fraternal,
religious and youth organizations such as
little leagues, boy scouts, girl scouts and
similarly situated nonprofit organizations.
4.12.040 LICENSE APPLICATION - INFORMATION REQUIRED
A. Any person, firm or other organization desiring to
secure solicitor's, peddler's or street vendor's
license shall apply therefor in writing to the
City Clerk, on forms provided by the City, and
such application shall set forth as to each
solicitor, peddler or street vendor as the
principal applicant as follows:
1. The name, address and telephone number of the
principal applicant, firm or other
organization;
2. In the event the name or address of the
applicant has changed within the last two
years, each name and address over the last
two year period preceding the most recent;
3. The nature or character of the goods, wares,
merchandise or services to be offered by each
principal applicant;
4. A list of the persons originally
contemplating solicitation, peddling or
street vending within the City of Edmonds,
and the information required in subparagraph
B below as to each;
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5. The name, address and telephone number
(business and home) of the individual acting
as manager of the principal applicant; and
6. Such other informatin as reasonably required
by City officials.
B. For each person soliciting, peddling or street
vending within the City of Edmonds pursuant to a
principal applicant and license as required
herein, whether acting as an employee, independent
contractor, or otherwise, the following
information shall be provided to the City Clerk on
forms provided by the City and shall set forth as
to each such person the following:
1. His or her name, address and home telephone
number;
2. The name, address and telephone number of the
person, firm or other organization holding
the principal license;
3. His or her age and general personal
description as required by the City;
4. Any and all facts relating to any conviction
of crimes as such information may be required
by the City in the application form; and
5. Such other information as reasonably required
by City officials.
4.12.050 INVESTIGATION OF APPLICANTS
It shall be the duty of the Chief of Police to
investigate each applicant made under Section 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 professinal enterprise.
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Such investigation must be completed within a
reasonable time.
4.12.055 STREET VENDOR REQUIREMENTS
Any person seeking a permit for a street vendor license
under the definition of this Chapter shall comply with
the following requirements:
A. Prior to issuance of any street vendor permit, the
applicant shall submit and receive approval by the
Architectural Design Board for the design of the
mobile vending cart and any signage.
B. In addition to the licensing requirements of this
Chapter, any street vendor shall be required to
obtain a street use permit.
C. All advertising shall be placed on the mobile
vending unit and will not be allowed on the street
or sidewalk. Maximum sign area allowed shall be
10 square feet.
D. The vending site must be kept clean and orderly at
all times, and the vendor must provide a refuse
container.
E. The City reserves the right to limit the number of
vending permit sites in any given area of the
downtown. The Community Services Director shall
determine the allowable number of street vendors
and shall exercise this discretion based upon the
needs of the public, diversity of products offered
for sale, the smooth flow of pedestrian and
vehicular traffic and other similar
considerations.
F. If located on a sidewalk, a minimum clearance of 5
feet shall be maintained by any street vendor.
G. If a street vendor locates on a street, the
operation shall be oriented to the pedestrians on
the sidewalk and not to vehicular traffic, if such
exposure would interfere with traffic flow.
H. No mechanical audio or noise making devices, and
no hawking is allowed. Hawking is the loud,
repeated oral solicitation of business by the
vendor or an assistant.
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I. Street vendors are prohibited in parks.
J. All street vendors shall comply with all
applicable Snohomish County Health District
requirements.
K. The applicant shall submit with his application a
copy of the written approval for the vending site
from the abutting property owner and/or tenant.
In the event that the property owner or tenant
shall disagree, the property owner's decision
shall be final.
1. In the event that the proposed site abuts
property owned by the City of Edmonds, the
applicant shall be required to obtain the
City's approval. Approvals relating to park
property shall be handled as a request to let
a concession under the terms of these
ordinances. Request for sites abutting all
other public land owned by the City shall be
forwarded to the City Council for their
review and approval.
2. In the event that the site for which approval
is sought abuts vacant land, the applicant
shall make reasonable written attempts to
secure the approval of the property owner.
If the applicant is unable to do so, the City
may accept written proof of such attempts and
issue a conditional permit. If a complaint
is later received from the owner of the land,
the license shall be revoked. The granting
of such a conditional license shall vest no
right in the applicant.
L. The maximum permissable size for any mobile
vending unit shall be:
1. Thirty (30) square feet for sidewalk
locations; and
2. Fifty (50) square feet for locations with the
street or other public right-of-way or when
located on private property.
In no event shall any mobile vending unit exceed
ten (10) feet in length.
4.12.060 ISSUANCE OF LICENSE - EXPIRATION
The Chief of Police shall determine, within a
reasonable time, from his investigation, that the facts
set forth in the application are true, that the purpose
of the applicant and its solicitors, peddlers or street
vendors is to engage in a lawful and legitimate
commercial or professional enterprise. Having
determined these facts, he shall then approve the
application and the City Clerk may issue the license
applied for. Such license shall expire on the thirty-
first 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.
4.12.065 SOLICITING, PEDDLING AND STREET VENDING
RESTRICTIONS
All licenses issued pursuant to this Chapter shall be
subject to the following time and location
restrictions:
A. Fourth of July fireworks display - for the purpose
of crowd and traffic control on the Fourth of
July, all soliciting after six p.m. within one
mile of the official fireworks display shall take
place only within the confines of the fireworks
viewing area as designated by the Chief of Police
on the Civic Center_ playfield.
4.12.070 CARRYING OF LICENSE REQUIRED
Such license shall be carried at all times by each
solicitor, peddler or street vendor for whom issued,
when soliciting, canvassing or street vending in the
City of Edmonds, and shall be exhibited by any such
solicitor, peddler or street vendor whenever and
wherever he or she shall be requested to do so by any
police officer or any person solicited.
4.12.080 REVOCATION OF LICENSE
Such license may be revoked by the City of Edmonds for
the violation by either the employer or the solicitor,
peddler or street vendor of any of the ordinances of
the City of Edmonds. The City of Edmonds may also
revoke a license for a street vendor under 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;
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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.
4.12.090 PURCHASE ORDERS - FORM AND CONTENT
All orders taken by license solicitors, peddlers or
street vendors shall be in writing, in duplicate,
stating the name as it appears on the license, the
address of both the solicitor, peddler or street vendor
and his employer, the terms thereof, and the amount
paid in advance, and one copy shall be given to the
purchaser.
4.126100 PENALTIES
Any person or persons who violate or fail to comply
with any of the provisions of this Chapter shall upon
conviction of said violation shall be punished as
provided in Section 5.45.020 of the Edmonds City Code.
4.12.110 SEVERABILITY
Should any section, clause or provision of this Chapter
be declared by the courts to be invalid, the same shall
not affect the validity of the Chapter as a whole, or
any part thereof, other than the part declared to be
invalid.
Section 2. Section 18.70.030 of the Edmonds Community
Development Code Review is hereby amended to read as follows:
A. Architectural Design Board. Any application for a
permit to construct, erect or maintain an awning,
marquee, sign or any structure in a public place
shall be referred by the Director of Public Works
to the Architectural Design Board. The Board
shall review the plans and specifications as they
relate to Chapter 20.10. Applications for mobile
street vending units shall be reviewed in
accordance with Section 4.12.055 by the
Architectural Design Board.
B. Issuance by Public Works Director. The Public
Works Director may approve a street use permit if:
1. The proposed use will not protrude into or
over any portion of the public place open to
vehicle or pedestrian travel, provided
however, that permits may be issued for
mobile vending units properly licensed under
Chapter 4.12 of the Edmonds City Code.
2. The Architectural Design Board has approved
the proposal.
3. The proposal will not interfere with the
rights of the public.
4. That the proposal is in the public interest,
safety and convenience.
Permits for signs are not included in this sub-
section.
C. Appeal. The decision of the Public Works Director
may be appealed to the Hearing Examiner under
Section 20.105.030.
Section 3. This ordinance, being an administrative
action, is not subject to referendum and shall take effect five
(5) days after its publication, or publication of a summary
thereof consisting of its title plus Section 4.12.100 of Section
1 of this ordinance, in the City's official newspaper.
APPROVED:
y 1__V��
MAYOR, LARRY S. NAUGHTEN
ATTEST/AUTHENTICATED:
CITY"'CLERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
h
FILED WITH THE CITY CLERK: November 14, 1985
PASSED BY THE CITY COUNCIL: November 19, 1985
PUBLISHED: November 24, 1985
EFFECTIVE DATE: November 29, 1985
ORDINANCE NO. 2536
— 9 —
Affidavit of Publication
STATE OF WASHINGTON, j
}} ss
COUNTY OF SNOHOiViSSH,
The undersigned, being first duly sworn on oath deposes and says
ORDINANCE NO: 2536
_
AN - ORDINANCE D S, THE
CITY OF EDMONDS, WASH,-
that she is Principal Clerk of THE HERALD, a daily newspaper
P y
INGTON, AMENDING CHAP-
TER 4'12, PEDDIiERS AND
printed and published in the City of Everett, County of Snohomish,
SOLICITORS TO INCLUDE
PROVISIONS ... FOR THE
REGULATION OF AND LI-
and State of newspaper is a newspaper Washin ton; that said of
g
CENSING OF STREET VEN-
DORS, PROVIDING- FOR
general circulation in said County and State; that said newspaper
DEFINIT I01,15 - THe REOF,
REQUIRING STREET- VEN-
has been approved as a legal newspaper by order the Superior
DORS TO BE '.LICENSED,
of
PROVIDING FOR ANNUAL
LICENSE FEES AND CRED-
Court of Snohomish Count and that the notice ............ ...........................
Y
ITS AGAINST SAID FEES,
PROVIDING RULES AND'
REGULATIONS FOR THE IS-
SUANCE OF SAID LICENSE
.... .._ ..:_. .. .. :.i
-
AS WELL AS FOR THE COfJ-
.STRUCTION AND OPERA-
TIONS OF MOBILE . VEND-
ING UNITS, AND MAKING
PROVISION FOR THE RE-
....... ................................................................. .------------------------
VOCATION- OF ANY LI- j
CENSE; ' AMENDING SEC-
TION 1A.17.030 TO PROVIDE
FOR ,THE ISSUANCE.. OF
STREET USE PERMITS TO
................................_..__.._._.. __.__ _
STREEVENDORS AND
FIXING TA TIME WHEN THE
a printed copy of which is hereunto attached, was published in said
SAME "SHALL BECOME EF- i
.FECTIVE.
newspaper proper and not in supplement form, in the regular and
4.12.100.PENALTIES
Any person. or Persons who
violate or fail to comply with
entire edition of said g Y y paper a on the following days and times, namely:
P P
any of the provisions of this
Chapter shall upon convi4tion
of said violation shall be oun-
Ished as provided in Section.
5.45,020 of the Edmonds City
_
" - '' ^ " '-
Code.
.... -.
The full text of the ordinance
will be mailed to any person
upon reauesi. -
Published: Nov. 24, 1985.
.................... '.................................................................................................... .............
and that said newspaper was regularly distributed to its subscribers
during all of said period.
_
CC.
Principal Clerk
Subscribed and sworn to before me this --------------- .......
dayof----_----- •-•-................. ------------- ;r....... t : _..... N-- -- -
,
Notar ub ii n shi nd for the State of Wangton..,
resid' g at Everett, Snohomish County.
B-2-1