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Ordinance 2175WDT/trs 9/3/80 ORDINANCE NO. 2175 AN ORDINANCE OF THE CITY OF EDMONDS, WASH- INGTON, REPEALING CHAPTER 4.32 OF THE EDMONDS CITY CODE DEALING WITH PUBLIC AMUSEMENTS AND ADDING A NEW CHAPTER 4.32 TO BE ENTITLED "PUBLIC AMUSEMENTS" AND DEFINING TERMS; REQUIRING LICENSES FOR PUBLIC AMUSEMENTS; ESTABLISHING PROCEDURES FOR ISSUANCE OF LICENSES; SETTING FORTH FEES; PROVIDING FOR REVOCATION OF LICENSES; AND ESTABLISHING PENALTIES. THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 4.32 of the Edmonds City Code is hereby repealed and a new Chapter 4.32 is hereby created to be entitled "Public Amusements" and to read as follows: 4.32.010 DEFINITIONS A. "Person" shall mean any individual, firm, corpor- ation, partnership or unincorporated association. B. "Police chief" shall include his designee. C. "Public amusement" means circuses, carnivals, motion picture shows, exhibitions, concerts, side shows, vaudeville, amusement parks and any other form of diversion, pasttime or recreation conducted for and open to the public for which an admission fee or other charge is made for attendance. 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. B. The provisions of this chapter shall not apply to nonprofit civic, charitable or religious community organizations. 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 in- formation: 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. 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. C. Upon receipt of the license fee as provided for in this chapter, the city clerk shall forward the completed application to the police chief for his investigation and review. 4.32.040 POLICE INVESTIGATION - APPROVAL A. Upon receipt of the application, the police chief shall investigate the applicant to determine the service that would be required to be provided to assure public safety, and the financial and crimi- nal background of the applicant, if any. The police chief may consult with other city departments, including the fire department. Upon completion of the investigation, the police chief shall either approve the license application, disapprove the license application, or approve the application with conditions. The police chief's decision shall be forwarded to the city clerk. B. The police chief may require the applicant as a condition of approval to: 1. Restrict the days and/or hours of operation. 2. Conduct the public amusement at a location other than as set forth on the application. OPM 3. Limit the number of persons at any one time on the premises. 4. Comply with any other condition necessary for protection of public safety and property. 4.32.050 ISSUANCE OF LICENSE Upon receipt of the police chief's decision to approve the application, the city clerk shall issue the license which shall contain the following: A. The name of the person to whom the license is issued. B. The date, time and place of operation or operations. C. The type of public amusement. D. All conditions imposed by the police chief. E. The date the license expires. 4.32.060 LICENSE FEES/TERM The license shall be for a term not to exceed one year. Fees for the public amusement license shall be as follows: A. Motion picture theaters, $30 per year. B. Circuses and/or carnivals, exclusive of sideshows, $50 per day. C. Sideshows, conducted with or without a circus, $50 per day. D. All other public amusements, $30 per day or $240 per year, whichever is lesser. 4.32.070 REVOCATION OF LICENSES Public amusement licenses may be revoked by the city clerk for any of the following reasons: A. Violation of any of the provisions of this chapter by the license holder, his agents or employees. B. The applicant has made any false or misleading statement or a misrepresentation of fact in con- nection with the license, or there has been a me change of circumstances since the issuance of a license, such as anticipated crowd size, lapse or insurance cancellation, etc. 4.32.080 NOTICE OF REVOCATION - APPEAL A. The city clerk shall send the licensee notice of the revocation by mail. Notices mailed to the address on the application form shall be deemed received three days after posting. B. The notice shall state the reasons for the revo- cation and that the revocation will become final within 10 days of the date of the notice unless a written notice of appeal is filed with the city clerk within the 10 day period. C. If a written notice of appeal is filed within the 10 day period, the city council shall set a date for hearing and send the licensee notice of the date and time. If no written notice of appeal is filed, the license shall be deemed revoked as set forth in the notice to the licensee. D. License fees will not be refunded in whole or in part in the event of revocation or suspension of the license. 4.32.090 EMERGENCY SUSPENSION OF LICENSE In the event the police chief determines that there is an immediate threat to public safety, or to property, he may suspend the license without prior notice and order the immediate termination of the licensed activity or activities. Such suspension shall last until the police chief may determine that the threat to public safety, or to property, has abated, or until the licensee may bring the matter to the notice of the city council by delivering to the city clerk the written grievance of the licensee as to why the suspension should be terminated and the license reinstated. The city clerk upon receipt of such writing shall bring the matter to the attention of the next regular meeting of the city council, or special meeting of the city council called for that purpose, if any. 4.32.100 ACCEPTANCE OF CHAPTER TERMS By applying for and receiving a license under the provisions of this chapter the licensee agrees to all the terms of said chapter including but not limited to the terms and procedures of revocation and/or suspension -4- should the same be exercised as herein provided. All decisions of the city council shall be final. 4.32.110 PENALTIES Any person violating any of the provisions of this chapter or any person who conducts a public amusement in violation of any of the terms and conditions speci- fied on the license shall be guilty of a misdemeanor and upon conviction thereof shall be punished as set forth in Section 5.45.020 of the Edmonds City Code. 4.32.200 SEVERABILITY If any word, phrase or section of this chapter is held invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconsti- tutionality shall not affect the remaining portions of this chapter. Section 2. This ordinance will be in full force and effect five (5) days after passage and publication by post- ing as provided by law. APPROVED: /� ' MAYOR, H. H. HARRISON ATTEST/AUTHENTICATED: =L2tX_','C/ b='a-�J CITY CLERK, IREN VARNEY MORAN APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WITH THE CITY CL RK: October 23, 1980 PASSED BY THE CITY CO NCIL: November 10, 1980 POSTED: November 12, 1980 EFFECTIVE DATE: November 17, 1980 -5- AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ) ) ss: COUNTY OF SNOHOMISH ) IRENE VARNEY MORAN , being first duly sworn on oath deposes and says that s he is over the age of eighteen (18) years and is competent to testify as to the matter stated herein. There is no official newspaper or other newspaper printed and published within the City. In accordance with RCW 35A.12.160, on the 12 day of November , 19_Q, affiant posted true and correct copies of the attached Ordinance No. 2175, passed by the City Council on the 10 day of November , 193L, at the official posting places for City notices which are the public - bulletin boards at the following locations: Edmonds Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Public Library Civic Center, 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Branch of United States Post Office 201.Main Street Edmonds, Washington 98020 DATED this 12 day of November , 198Q. - 'L , �'/ -in I SUBSCRIBED AND SWORN to before me this /� day of 19 ,ld . jot�ay—P-u-Lblic in and for the State of Washington, residing at