Ordinance 29900006.080.019
MA/are
05/05/94
R: 07/28/94
ORDINANCE NO. 2990
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON AMENDING THE PROVISIONS OF CHAPTER
4.12 RELATING TO PEDDLERS, SOLICITORS AND STREET
VENDORS BY ADDING NEW SUBSECTIONS 4.12.020(B),
(C), (D), (E) AND (F) REQUIRING A LICENSE FOR SELLING
CERTAIN PERISHABLE MEAT, POULTRY, FISH AND
DAIRY PRODUCTS, PROHIBITING THE SALE OF MEAT
PRODUCTS OR POULTRY PRODUCTS WHICH ARE
ADULTERATED OR SOLD UNDER UNSANITARY
CONDITIONS, AND REQUIRING COMPLIANCE WITH
STATE LAW BEFORE A LICENSE WILL BE ISSUED TO
SELL MILK OR SHELLFISH, AMENDING SECTION 4.12.030
WHICH PROVIDES FOR EXEMPTIONS FROM LICENSE
REQUIREMENTS; ADDING NEW SUBSECTIONS 4.12.040(C),
(D) AND (E) WHICH DESCRIBE THE REQUIREMENTS FOR
LICENSING; ADDING A NEW SUBSECTION 4.12.040(F)
WHICH AUTHORIZES THE CITY CLERK TO PROMULGATE
RULES REGARDING THE METHOD OF PAYMENT AND
THE FORM OF APPLICATION; ADDING NEW SECTIONS
4.12.065(B) AND (C) WHICH PROVIDES FOR RESTRICTIONS
ON LICENSES; ADDING A NEW SECTION 4.12.085 WHICH
ESTABLISHES THE APPEAL PROCEDURE FOR THE
DENIAL OF A LICENSE OR LICENSE REVOCATION AND
FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, the City of Edmonds has experienced a number of so-called non-
profit organizations who have solicited donations from residents, and
WHEREAS, the City Council acknowledges that residents of the City of Edmonds
are generally more advanced in age than the average citizen in neighboring cities; and
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WHEREAS, the City Council considered the age of its residents in determining
that 8:00 p.m. was a reasonable time restriction for peddlers and solicitors in that such a
restriction is necessary to protect the privacy of City residents; and
WHEREAS, it is in the best interest of the public health, safety and welfare to
amend the Edmonds City Code, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Chapter 4.12 of the Edmonds City Code PEDDLERS, SOLICITORS
AND STREET VENDORS is hereby amended by adding new subsections 4.12.020(B), (C), (D)
and (E) and by re -lettering the section to read as follows:
4.12.020 LICENSE REQUIRED
A. It shall be unlawful for any person to act as solicitor,
peddler or street vendor within the meaning and application
of this Chapter unless that person or his/her employer shall
have first secured a license in the manner provided in this
Chapter.
B. 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.
C. 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.
D. No license shall be issued for the sale of any milk or milk
product if the seller does not have a milk vendor's license
as required by RCW 15.32.100.
E. No licenses shall be issued for the sale of shellfish unless
the vendor can produce a certificate of compliance as
required by RCW 69.30.020.
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Section 2. Chapter 4.12 of the Edmonds City Code PEDDLERS, SOLICITORS
AND STREET VENDORS is hereby amended by adding a new subsections (D)(3), (D)(4),
(D)(5) and (D)(6) to read as follows:
4.12.030 LICENSE FEES
D. Exemptions: The following persons shall be exempt from
license fees and applications required under this Chapter:
1. Newspaper carriers, and
2. Charitable, religious or nonprofit organizations or
corporations which have received tax exempt status
under 26 U.S.C. § 501(c)(3) or other similar civic,
charitable or nonprofit organizations.
3. Peddlers of fruits, vegetables, berries, eggs or any
farm produce edibles raised, gathered, produced or
manufactured by such person.
4. A person who, after having been specifically
requested by another to do so, calls upon that other
person for the purpose of displaying goods,
literature or giving information about any article,
thing, product or service.
5. Notwithstanding the exemptions provided herein, all
exempt persons must provide proof of their exempt
status along with photo identification upon request
by a prospective customer or law enforcement
officer.
6. Exempt persons are exempt only from City business
licensing requirements and must comply with all
provisions of law, ordinance and regulations and all
applicable Snohomish County Health District
requirements.
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Section 3. Chapter 4.12 of the Edmonds City Code, PEDDLERS, SOLICITORS
AND STREET VENDORS, is hereby amended to add new Sections 4.12.040 (C), (D), (E) and
(F) which shall read as follows:
C. The City Clerk shall refer the application to the Chief of
Police, who shall make a criminal history background
investigation of the applicant. Upon completion, the Chief
of Police shall forward the results of the investigation to
the City Clerk.
D. If, as a result of the investigation, the applicant is not
found to have committed any of the acts requiring denial as
listed below, the City Clerk shall, upon payment of the
prescribed fee, issue the license to the applicant. The City
Clerk shall deny the applicant the license if the applicant
has:
1. Committed any act consisting of fraud or
misrepresentation;
2. Committed any act which, if committed by a
licensee, would be grounds for suspension or
revocation of a license;
3. Within the previous ten years, been convicted of a
misdemeanor or felony directly relating to his or
her fitness to engage in the occupation of peddler,
solicitor or street vendor and including, but not
limited to, those misdemeanors and felonies
involving moral turpitude, fraud or
misrepresentation;
4. Been charged with a misdemeanor or felony of the
type defined in the preceding subdivision 3 of this
subsection, and disposition of that charge is still
pending;
5. Been refused a license under the provisions of this
chapter; provided, however, that any applicant
denied a license under the provisions of this chapter
may reapply if and when the reasons for denial no
longer exist; and
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6. Made any false or misleading statements in the
application.
E. Every peddler shall be required to carry the peddlers
license and display it along with photo identification upon
request by a prospective customer or law enforcement
officer.
F. The City Clerk is authorized to promulgate rules regarding
the manner and method of payment, including a prohibition
or regulation of payment by check, and the form of the
application.
Section 4. Chapter 4.12 of the Edmonds City Code, PEDDLERS, SOLICITORS AND
STREET VENDORS, is hereby amended by adding new sections 4.12.065 (B) and (C) which
shall read as follows:
4.12.065 SOLICITING, PEDDLING AND STREET VENDING
RESTRICTIONS
B. No peddler or solicitor shall engage or attempt to engage
in the business of peddling at any home, residence,
apartment complex or business that prominently displays a
"No Peddlers" or "No Solicitors" sign or any other similar
sign that communicates the occupants' desire to not be
contacted by peddlers.
C. No peddler or solicitor shall engage in the business of
peddling between the hours of eight o'clock p.m. and nine
o'clock a.m.
Section 5. Chapter 4.12 of the Edmonds City Code PEDDLERS, SOLICITORS
AND STREET VENDORS, is hereby amended by adding a new Section 4.12.085(A), (B), (C),
(D) and (E) which shall read as follows:
4.12.085 Appeal Procedure.
A. Whenever the City Clerk determines that there is cause for
denying any license application or revoking any license
issued pursuant to this chapter, the Clerk shall notify the
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person holding the license using at least one of the
following methods: 1) registered or 2) certified mail,
return receipt requested or 3) personal service on the
licensee. Notice mailed to the address on the license shall
be deemed received three (3) days after mailing. The
notice shall specify the grounds for the denial or revocation
of a license.
B. The applicant or licensee may appeal the decision of the
City Clerk to deny or revoke a license by filing a written
notice of appeal to the City Council within forty eight (48)
hours of the City Clerk's decision.
C. Upon timely receipt of the notice of appeal, the City Clerk
shall set a date for hearing the appeal, which shall occur
within ten (10) days of receipt of the appeal. The City
Clerk shall mail notice of the date of the hearing to the
applicant or licensee at least five (5) days prior to the
hearing date.
D. The hearing shall be de novo. The City Council may
affirm, reverse or modify the City Clerk's decision.
E. The decision of the City Council shall be final. Any
person desiring to appeal must file an appropriate action in
Snohomish County Superior Court within fourteen (14)
days of the City Council's decision.
Section 6. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 7. Effective Date. This ordinance, being an administrative action, is not
subject to referendum and shall take effect five (5) days after publication of an approved
summary thereof consisting of the title.
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ATTEST/AUTHENTICATED:
No W14
APPROVED AS TO FORM:
OFFICE F CIT TTORNEY:
BY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO. 2990
07/28/94
08/02/94
08 /07 /9'4
08/12/94
73691.2 -7-
STATE OF WASHINGTON,
COUNTY OF SNOH02vISH,
On
1994,
City
Ordin
of
AND
ROH
OF
V�.MIIVN ANU MAIIVU A
TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
The full text of this
Ordinance will be mulled upon
request:
DATED this 2nd day of
AuOust 1994.
RI'ONDA J. MARCH
City Clerk
Published; August 7, 1994.
ss.
Affidavit of Publication
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 ........................................
City of Edmonds
Summary of Ordinance No. 2990
......................................................................................................................................
......................................................................................................................................
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
August 7, 1994
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......................................................................................................................................
and that said newspaper was regularly distributed to its subscribers
during all of said period, f
.......................................... S.-v`..`:-4/ f
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/ Principal Clerk
Subscribed and sworn to before me this ............ 8th
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day of.. Au U s t.-.
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Notary Public in and for the ate)of Washington,
residing at Everett, Snohomis Q unty.
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