2021-09-14 City Council - Full PSPP Agenda-29621
Op E D
o Agenda
Edmonds City Council
s71. ,HvPUBLIC SAFETY, PERSONNEL & PLANNING - ZOOM
VIRTUAL ONLINE MEETING
EDMONDS CITY COUNCIL MEETINGS WEB PAGE,
HTTP://EDMONDSWA.IQM2.COM/CITIZENS/DEFAULT.ASPX, EDMONDS, WA
98020
SEPTEMBER 14, 2021, 5:00 PM
THIS MEETING IS HELD VIRTUALLY USING THE ZOOM MEETING PLATFORM. TO VIEW OR LISTEN TO
THE COMMITTEE MEETING IN ITS ENTIRETY, PASTE THE FOLLOWING INTO A WEB BROWSER
USING A COMPUTER OR SMART PHONE:
HTTPS://ZOOM. US/J/95798484261
OR JOIN BY DIAL -UP PHONE:
US: +1 253 215 8782
WEBINAR ID: 957 9848 4261
COUNCIL COMMITTEE MEETINGS ARE WORK SESSIONS FOR THE COUNCIL AND CITY STAFF.
COMMITTEE MEETING AGENDAS DO NOT INCLUDE AUDIENCE COMMENTS OR PUBLIC HEARINGS.
CALL TO ORDER
COMMITTEE BUSINESS
1. Audio/Visual Assistant Job Description (10 min)
2. Special Event Permits and Amendments to ECC Tltle 4 Licenses (20 min)
ADJOURN
Edmonds City Council Agenda
September 14, 2021
Page 1
2.1
City Council Agenda Item
Meeting Date: 09/14/2021
Audio/Visual Assistant Job Description
Staff Lead: Emily Wagener
Department: Human Resources
Preparer: Emily Wagener
Background/History
The City has long retained an employee via an employment agreement as an Administrative Assistant in
charge of Audio/Video recording for City Council and Planning Board meetings. Historically, this position
has been employed through an employment contract with 2-year terms. Human Resources has
reviewed and updated the related job description and compensation. The Job Description is ready to be
reviewed and approved. Once approved, the employee currently working in this position will be
transitioned over to the hourly wage scale and future employee agreements will no longer be necessary.
Staff Recommendation
Recommend forwarding to full Council on consent for approval.
Narrative
Through conversations between HR and Administrative Services, it was determined this position would
better fit under Information Services in the Administrative Services Department. The title of the position
was also adjusted to better match with the listed job duties.
See the attached job description.
Attachments:
Audio Visual Assistant FINAL
Packet Pg. 2
2.1.a
City of
EDMONDS
Washington
Audio/Visual Assistant
Department:
Administrative Services
Pay Grade:
H-13
Bargaining Unit:
Hourly
FLSA Status:
Non -Exempt
Revised Date:
07/13/2021
Reports To:
IS Manager
POSITION PURPOSE:
To perform reliable audio/visual recordings as needed for public meetings with majority of support to City Council
and the Planning Division.
ESSENTIAL FUNCTIONS AND RESPONSIBILITIES:
The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees
in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may
not be required to perform all duties listed and may be required to perform additional, position -specific duties.
• Operates various audio/visual equipment (including but not limited to: TV camera, monitoring cameras,
City's recording equipment)
• Set up and take down council meetings (including but not limited to: checking equipment, put out
nameplates, distribute coffee, turn on lights)
• Operates equipment if needed for council committee meetings.
• Assist other departments who need video recording of significant public meetings (including but not limited
to: Planning Board, Housing Commission, Chamber of Commerce, Policeman's Recognition)
• Record Public Meetings as assigned.
• Work with IT as needed to troubleshoot issues.
• Work closely with the City Clerk.
Required Knowledge of:
• Running and troubleshooting standard audio/visual and recording equipment.
• Recording techniques and/or requirements.
• Effective oral communication principles and practices.
Required Skill in:
• Planning and organizing work, prioritizing tasks, and using time effectively.
• Adapting to changes in technology.
• Interpreting and applying federal, state, and local policies, laws and regulations related to assigned work.
• Utilizing relevant equipment that may affect assigned work.
• Communicating effectively verbally.
Audio/Visual Assistant Last Reviewe
Last Revise Packet Pg. 3
2.1.a
2 of 2
JOB DESCRIPTION
Audio/Visual Assistant
MINIMUM QUALIFICATIONS:
Education and Experience:
High School Diploma and prior experience working with audio and visual equipment OR an equivalent combination
of education, training and experience that will allow the incumbent to successfully perform the essential functions
of the position.
Required Licenses or Certifications:
Must be able to successfully complete and pass a background check.
WORKING CONDITIONS:
Environment:
• Indoor work environment.
• Must be able to attend evening meetings on a regular basis
Physical Abilities:
• Hearing, speaking or otherwise communicating to exchange information in person and/or on the phone.
• Operating/using a related audio/visual/recording equipment.
• Reading and understanding related materials.
• Sitting, standing, or otherwise remaining in a stationary position for extended periods of time.
• Lifting/carrying/pushing/pulling or otherwise moving or transporting related equipment up to 20 pounds.
Hazards:
• Prolonged exposure to glare from monitors.
Incumbent Signature:
Department Head:
Date:
Date:
Audio/Visual Assistant
Last Reviewed: 08/31 /2021
Last Revise
Packet Pg. 4
2.2
City Council Agenda Item
Meeting Date: 09/14/2021
Special Event Permits and Amendments to ECC Title 4 Licenses
Staff Lead: Scott Passey, City Clerk
Department: City Clerk's Office
Preparer: Scott Passey
Background/History
The City of Edmonds has had a special event permit program for many years. The program has been
handled administratively, although there is no adopted city code outlining the process or criteria
governing the issuance of special event permits.
Staff Recommendation
Consideration of an ordinance codifying the special event permit program in the Edmonds City Code
(ECC) and amending various code provisions in ECC Title 4 Licenses. Passage of a resolution adopting a
new City Fee Schedule to add fees relating to special event permits.
Narrative
It is the purpose of the City to establish a formal process for permitting special events that impact city
right-of-way, public property and other facilities or services. It is recognized that these special events
enhance the City of Edmonds community and provide benefits to the citizens through the creation of
venues for expression and entertainment that are not normally provided as a part of governmental
services.
Staff is proposing a new chapter to Title 4 to be known as Chapter 4.100 (Special Event Permits) to
provide a clear and efficient process for permitting special events within the City. This Chapter is
intended to supplement land use and street right-of-way regulations, to provide a coordinated process
for the regulation of certain activities to be conducted in conjunction with special events, and to ensure
that the impacts of the special event do not unduly impact the public's health, safety or welfare. It is
further intended to protect and preserve public infrastructure and city resources, prevent unplanned
disruption of public services, mitigate impacts to the extent feasible and to create a mechanism for cost
recovery without having an adverse effect on those events that contribute to the community.
In addition to adding a new section regarding special events, some sections of Title 4 are proposed for
repeal and others have been refined to reflect current practice. There are also changes to ECC 4.72
Business Licenses to reflect the city's partnership with the State of Washington Department of Licensing.
Finally, Chapter 4.98 Constitutionally Protected Events, has been updated to address the need for
flexibility regarding certain constitutionally protected spontaneous demonstrations.
If the Council adopts the new special event permit code, staff recommends adoption of a resolution
adding permit fees to the City's Fee Schedule, consistent with the policy of recovering costs associated
with reviewing and issuing city permits.
Packet Pg. 5
2.2
Attachments:
Draft Special Events Permits Code
Draft Ordinance Amending Title 4 ECC Licenses
DRAFT Resolution & Attachment to Amend Fee Schedule - Special Event Permit Fees
Packet Pg. 6
2.2.a
Special Events Permits Code
4.100.010 Purpose.
4.100.020 Definitions.
4.100.030 General provisions applicable to all special events.
4.100.040 Permit applications.
4.100.050 Indemnification.
4.100.060 Insurance.
4.100.070 Permit decision.
4.100.080 Appeal of permit decision.
4.100.090 Reimbursement of fees for city sponsored events.
4.100.100 Cleanup deposit.
4.100.110 Suspension and revocation.
4.100.120 Exercise of police power.
4.100.130 Violation — Penalties.
4.100.010 Purpose.
It is the purpose of the City to establish a process for permitting special events that impact city right-of-
way, public property and other facilities or services. It is recognized that these special events enhance the
City of Edmonds community and provide benefits to the citizens through the creation of venues for
expression and entertainment that are not normally provided as a part of governmental services.
This Chapter is intended to supplement land use and street right-of-way regulations, to provide a
coordinated process for the regulation of certain activities to be conducted in conjunction with special
events, and to ensure that the impacts of the special event do not unduly impact the public's health, safety
or welfare. It is further intended to protect and preserve public infrastructure and city resources, prevent
unplanned disruption of public services, mitigate impacts to the extent feasible and to create a mechanism
for cost recovery without having an adverse effect on those events that contribute to the community.
4.100.020 Definitions.
A. "City sponsored event" means a special event for which the city provides some level of sponsorship
and/or support to the primary event organizer/sponsor through the use of city funds, equipment, and/or
other city resources that is not a "city contracted event." City sponsored events may also be special events
that are organized and sponsored in full by the City of Edmonds. Reimbursement for city resources may be
required.
B. "City contracted event" means a special event that typically takes places on an ongoing annual basis
and for which the City and the event organizer/sponsor enter into an event contract to apportion
responsibility for the event, thereby eliminating the need for the event organizer/sponsor to obtain a special
event permit under this Chapter. Such events may be sponsored in part by the city. Examples of city
contracted events include the Garden Market/Summer Market, Edmonds Arts Festival, 4th of July
celebration, Octoberfest, and Taste Edmonds.
C. "Commercial special event" means an activity or occurrence sponsored and operated by one or more
businesses that is conducted primarily for the exchange of goods or services for financial gain. Commercial
special events typically occur upon private property. Examples of commercial special events include
parking lot sales and tent sales, promotional events, and sidewalk sales.
Packet Pg. 7
2.2.a
D. "Emergency response plan" means a plan detailing the expected actions of event management and/or
public safety agencies in the event or threat of an emergency.
E. "Expressive event" or "Constitutionally protected event" means an activity or occurrence in which the
sole or principal purpose is the expression, dissemination, or communication of political or religious
opinion, views or ideas, and for which no fee or donation is charged or required as a condition of
participation or attendance. Examples of expressive special events include political rallies, marches, public
speeches, and political demonstrations. These events are regulated by Chapter 4.98.
F. "Fire marshal" means the city of Edmonds fire marshal or designee.
G. "Parade" means a type of special event involving an organized procession or march of more than 25
persons or 25 objects, or any combination thereof amounting to 25, that temporarily disrupts the general
public's normal use of public streets or sidewalks.
H. "Person" means an individual, corporation, partnership, incorporated or unincorporated association,
organization, or other entity or group of persons, however organized.
I. "Private" or "private event" means an event where persons are specifically and individually invited. It
does not include an event where tickets, invitations, or announcements are available to the public.
J. "Public" or "public event" means a special event open to the public, and includes an event where tickets,
invitations, or announcements are available to the public.
K. "Public amusement" means circuses, carnivals, motion picture shows, exhibitions, concerts, side shows,
plays and other stage shows, 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 elementary school, middle school, high school or
college and conducted on the premises thereof in facilities previously inspected and approved for public
assembly.
L. "Right-of-way" means, within the City of Edmonds, all public right-of-way and property granted or
reserved for, or dedicated to, public use for street purposes, together with public property granted or
reserved for, or dedicated to, public use for walkways, paths, trails, sidewalks, and bikeways, whether
improved, unimproved, or unopened, including the air rights, sub -surface rights and easements related
thereto, and over which the City of Edmonds has authority and control.
M. "Run" or "race" means a type of special event involving any race, contest or event, whether of a
competitive or a noncompetitive nature, involving a procession of persons, whether afoot or upon any
vehicle or device propelled by the human body, including but not limited to marathons, fun runs,
walkathons, and bicycle races.
N. "Security" means employees, or other hired personnel, dedicated to maintaining order and ensuring
compliance with the laws of the state of Washington and ordinances of the city of Edmonds.
O. "Site" has the same meaning as set forth in ECDC 21.90.090, as now or hereafter amended, and in
addition in the case of undeveloped property, a land area under common ownership, whether the land area
is comprised of one lot, a combination of contiguous lots, or contiguous fractions of lots.
P. "Special events" include any event which is to be conducted on public property or in a public right-of-
way; and also, any event held on private property which would have a direct significant impact on: (a)
Packet Pg. 8
2.2.a
traffic circulation to and from the event over public streets or rights -of -way; (b) public streets or rights -of -
way near the event, or (c) the need for city -provided emergency services, such as police, fire or medical
aid, as determined by the city. It is presumed that any event on private property which involves: (i) an open
invitation to the public to attend; or (b) anticipated attendance by private invitation of 100 or more people
is an event that will have a direct significant impact on the public streets, rights -of -way or emergency
services. Special events may include, but are not limited to: fun runs and walks, auctions, parades, carnivals,
exhibitions, film/movie events, circuses, outdoor markets, and fairs.
Q. "Tent" means a temporary membrane structure or shelter, such as pop-up canopies, sails, and the like,
as defined in the current editions of the fire and building codes.
4.100.030 General provisions applicable to all special events.
A. Permit Required. Any person desiring to conduct or operate a special event within the City of Edmonds
shall first obtain a special event permit from the city, unless specifically exempt. It shall be unlawful for
any person to sponsor or conduct an event or activity requiring a special event permit without a valid special
event permit. Penalties for violation of the terms of this chapter shall be as specified by this chapter.
B. Consistency with Permit and Law. A special event shall be conducted as described by the special event
permit, in accordance with the terms and conditions of the permit and in accordance with applicable laws
and regulations.
C. Public and Personal Safety. The configuration and operation of special events shall conform to applicable
laws and regulations, including provisions relating to emergency ingress and egress, barrier -free facilities,
fire prevention, health and sanitation, and the operation of vehicles and equipment.
D. Business Licenses and Taxes. As required by applicable law, special event businesses/vendors shall have
City of Edmonds business licenses and shall record, report and remit taxes.
E. Exemptions. The following activities and occurrences shall comply with applicable laws and regulations,
but are exempt from the permit requirements of this chapter:
1. City contracted events.
2. Funerals and wedding processions.
3. Garage sales and rummage sales.
4. Neighborhood block parties.
5. Special event facilities. Events conducted at a facility designed for special event purposes or at
facilities where such events are normally held, such as churches, event centers, convention centers,
schools, athletic fields, auditoriums, stadiums, theaters, and the like.
6. Governmental activities. Activities conducted by a governmental agency acting within the scope
of its authority.
7. Regularly scheduled events utilizing park and recreation facilities, in accordance with the intended
use of the facility, and with park rules and policies.
Packet Pg. 9
2.2.a
8. A privately scheduled, non -reoccurring event upon private property in a residential zone with up
to 100 persons attending.
9. The temporary sale of seasonal goods when regulated by other statutes, such as Christmas tree
sales, and peddling of farm produce.
10. Expressive events (but see Chapter 4.98 for regulations pertaining to expressive events).
F. Signs.
1. With a special event permit application, applicants may request, and the appropriate director or
designee that would otherwise authorize such signage may authorize, the use of temporary on -site
(on -premises) and off -site (off -premises) signs.
2. Special event signs shall not be detrimental to the public health, safety or welfare, nor injurious to
property or improvements in the vicinity of the sign. Signs shall not obstruct visibility for motorists
and pedestrians, nor impede access to buildings or property. The installation of signs upon public
property shall be subject to inspection by the building official and/or city engineer.
3. The applicant shall be responsible for installation, maintenance, and removal of all signs.
4.100.040 Permit applications.
A. The administrative services director or designee is authorized to prepare and maintain necessary
application forms and may issue written administrative policies and procedures as needed for the
implementation of this chapter.
B. Applications for special event permits shall be submitted to the administrative services director or
designee, a minimum of 60 days prior to a small event (less than 100 people) and a minimum of 90 days
prior to a major event (more than 100 people). If an event organizer fails to meet these timelines, the
application may still be processed if all affected departments agree to process the application within the
shortened timeframe. Factors in determining whether to allow for processing a late application will include
the impact on city resources and rights -of -way, and conflicts with other already scheduled events.
C. Applications for special event permits shall include written authorization of the property owner. For
special events proposed upon city -owned property, the approval of a special event permit application shall
constitute city authorization to conduct the event upon the property described in the permit application.
D. Applications for special event permits shall be on forms prepared by the administrative services director
or designee and shall include information that any city department processing the application deems
necessary in the interest of the public health, safety and welfare to enable it to review the application. The
information requested shall enable the city to assess the scope of the event so as to evaluate the impact of
the event on city resources and the community.
E. Application fee(s) for special event permits are set forth in the City's adopted fee schedule.
4.100.050 Indemnification.
Prior to the issuance of a permit for a special event, the permit applicant and authorized officer of the
sponsoring organization must agree to reimburse the city for any costs incurred by it in repairing damage
to city property and indemnify and defend the city, its officers, employees, and agents from all causes of
Packet Pg. 10
2.2.a
action, claims or liabilities occurring in connection with the permitted event, except those which occur due
to the city's sole negligence.
4.100.060 Insurance.
Prior to the issuance of a permit for a special event, the permit applicant shall comply with the following
insurance requirements:
(1) The permit applicant shall obtain commercial general liability insurance in amounts acceptable to
the city attorney's office.
(2) Written proof of such insurance is required prior to permit issuance. The insurance policy shall be
written on an occurrence basis, shall name the city as an additional insured using ISO form CG 20 26,
or coverage at least as broad, and shall be written for a period that includes the timeframe for both the
set-up before and the clean-up following the completion of the event. The applicant shall provide the
city and all additional insureds for this event with written notice of any policy cancellation within two
(2) business days of their receipt of such notice.
(3) Liquor Liability Coverage. Liquor liability coverage must be obtained when liquor is served as a
part of a special event permitted under this chapter.
(a) A vendor hired by the special event permittee to serve liquor must provide evidence of liquor
liability coverage in amounts acceptable to the city attorney's office, naming the city as additional
insured. This insurance coverage is in addition to the special event permittee's overall general liability
requirement.
(b) A special event permittee serving liquor directly shall obtain host liquor coverage as a part of
providing commercial general liability insurance per subsection (1) of this section.
4.100.070 Permit decision.
A. After receiving a completed application in conformance with this chapter, along with the non-refundable
permit application fee, the administrative services director or designee shall consult with all affected
divisions or departments, such as Building, Planning, Engineering, Police, Fire, Public Works, Parks and
Recreation, Finance, and Risk Management. Following consultation with all affected departments and
divisions, the administrative services director or designee may approve, conditionally approve, or deny an
application for a special event permit based upon the provisions of this chapter. When an application is
conditionally approved or denied, the administrative services director or designee shall provide written
explanation of the grounds for the conditions of approval or denial, and the applicant's right of appeal
pursuant to the provisions of this chapter.
B. Decision criteria. A permit may be issued to an applicant only if all the following criteria and conditions
for issuance are met:
1. The special event will not be detrimental to the public health, safety, or welfare;
2. The special event will not be injurious to property or improvements in the immediate vicinity of
the special event;
3. The special event will not endanger participants, spectators, or the public;
Packet Pg. 11
2.2.a
4. The special event has a traffic management plan or other adequate and appropriate measures in
place to mitigate any traffic safety and mobility issues, including for both vehicles and pedestrians;
5. Adequate and appropriate sanitation and refuse facilities are planned;
6. The special event has adequate and appropriate measures in place to ensure the safe movement,
assemblage and dispersion of people attending the event. Such measures may include the use of
safety guardrails, fences, ropes, barricades, and the like;
7. The special event will not cause excessive or harmful fumes, odor, smoke, noise or light and must
be consistent with Chapter 5.30 entitled "Noise Abatement and Control";
8. The special event will provide for the appropriate collection and disposal of waste, recycling, and
compostables;
9. Adequate plans exist to return the area or routes impacted by the special event to the same
condition or cleanliness as existed prior to the event;
10. Applicant has agreed to the indemnity and hold harmless provisions in the application;
11. Applicant has provided proof of the requisite insurance provisions in the application;
12. For city sponsored events, applicant has agreed to reimburse the city for the provision of
additional city services, including but not limited to the employment of police officers to direct or
block pedestrian or vehicular traffic, or the provisions of standby aid car or fire protection services,
as required.
4.100.080 Appeal of permit decision.
Decisions of the administrative services director or designee are appealable. An appeal of the
administrative services director or designee's decision related to application of this chapter may be filed
with the administrative services director or designee within 10 business days of notification of the decision.
Such appeal shall be filed and processed in accordance with the appeal provisions for business licenses as
provided by Chapter 4.72. The appeal filing fee shall be as specified by the fee schedule.
4.100.090 Reimbursement of fees for city sponsored events.
A. Upon approval of a special event permit application for a city sponsored event, the administrative
services director or designee shall provide the applicant with a statement of the estimated cost of providing
city resources, such as personnel and equipment, for the special event, if applicable. The applicant/sponsor
of the event may be required to prepay these estimated costs ten (10) days prior to the special event. The
special event application fee per the fee schedule adopted by resolution of the city council is a separate
processing fee and is not applicable to the city services fees. City resources may include the use of police
officers and public employees for traffic and crowd control; pickup and delivery of traffic control devices,
picnic tables, and the like; extraordinary street sweeping; and any other needed, requested or required city
service, along with the cost of operating any equipment needed to provide such services.
B. If the actual cost for the use of city resources on the date(s) of the city sponsored event is less than the
estimated cost, the applicant/sponsor will be refunded the difference by the city in a timely manner. If the
actual cost for the use of city resources on the date(s) of the city sponsored event is greater than the estimated
Packet Pg. 12
2.2.a
cost, the city will invoice the applicant/sponsor for the difference, and the invoice shall be paid in a timely
manner.
C. Permit fees and fees for the use of city resources may be waived in part or in full by the city if, in review
of the application, it is found that the city sponsored event is of sufficient public benefit to warrant the
expenditure of city funds without reimbursement by the applicant/sponsor and would not result in the
private financial gain of any individual or "for -profit" entity.
4.100.100 Cleanup deposit.
A. The applicant/sponsor of a special event likely to create a substantial need for cleanup may be required
to provide a cleanup deposit prior to the issuance of a special event permit.
B. The cleanup deposit may be returned after the event if the area used for the permitted event has been
cleaned and restored to the same condition as existed prior to the event within twenty-four (24) hours after
the conclusion of the event.
C. If the property used for the event has not been properly cleaned or restored within twenty-four (24) hours
after the conclusion of the event, the applicant/sponsor shall be invoiced for the actual cost to the city for
cleanup and restoration, which invoice shall be paid in a timely manner. The cleanup deposit shall be
applied toward the payment of the invoice.
4.100.110. Suspension and revocation.
A. In instances in which the special event does not comply with the provisions of this chapter, the terms
and conditions of the approved permit, or other applicable law, the administrative services director or
designee may suspend or revoke an approved special event permit with the issuance of written findings.
B. When necessary to prevent serious injury to persons, property or the public peace, health, safety or
welfare, the administrative services director or designee, fire marshal, building official, development
services director or chief of police, or the designee of each, may suspend or revoke an approved special
event permit effective immediately. The city official or designee shall deliver written notice of suspension
or revocation to the permit applicant/event sponsor or manager.
4.100.120 Exercise of police power.
This chapter is enacted as an exercise of the city's police powers and shall not be construed to impose any
duty owed by the city to any permittee under this chapter or to any member of the public, nor shall any
permit be construed as waiver of any violation of the laws of the city.
4.100.130 Violation — Penalties.
A. It shall be a misdemeanor for any person to violate any of the provisions of this chapter or the conditions
imposed upon any permit issued hereunder, which shall be punishable by a fine not to exceed one thousand
dollars ($1,000) or imprisonment not to exceed ninety (90) days. Each day, or part thereof, during which
any such violations occur or are continued, shall constitute a separate offense.
B. In addition, permits issued hereunder shall be subject to suspension or revocation as provided herein,
and civil abatement proceedings as set forth in Chapter 20.110 ECDC.
Packet Pg. 13
2.2.a
C. In addition, or alternatively, any person violating the provisions of this chapter or the conditions of any
permit issued hereunder shall also subject the permittee to a daily civil penalty in the amount specified by
Chapter 20.110 ECDC.
D. In addition, or alternatively, any person violating the provisions of the chapter or the conditions of any
permit issued hereunder may forfeit their right to hold a special event in the city.
Packet Pg. 14
2.2.b
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
PROVIDING FOR THE REPEAL OF OR AMENDMENT TO
CERTAIN CHAPTERS OF TITLE 4 ECC (LICENSES) AND FOR
THE ADOPTION OF A NEW CHAPTER TO TITLE 4 ECC
RELATING TO SPECIAL EVENT PERMITS; PROVIDING FOR
SEVERABILITY; AND SETTING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edmonds has determined that certain
Chapters of Title 4 ECC (Licenses) are obsolete and are no longer required to be maintained in the
code; and
WHEREAS, the City Council has determined that certain revisions to Chapters 4.12
(Peddlers, Solicitors and Street Vendors), 4.52 (Regulations for Adult Entertainment Facilities), 4.68
(Community Antenna Televisions Systems), 4.72 (Business License), 4.90 (Public Markets), and 4.98
(Constitutionally Protected Events) are needed to clarify City requirements, to reflect the repeal of
other sections of Title 4, and to address the need for flexibility regarding certain constitutionally
protected spontaneous demonstrations; and
WHEREAS, the City Council has determined that a new chapter to Title 4 to be known
as Chapter 4.100 (Special Event Permits) is needed to provide a clear and efficient process for
permitting special events within the City for the benefit of its citizens;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That the following Chapters of Title 4 ECC (Licenses) are hereby repealed
in their entirety: 4.11 (Motor Vehicle Wreckers); 4.22 (Malt Liquor by the Keg); 4.24 (Game
Licenses); 4.32 (Public Amusements); 4.40 (Public Dances); 4.44 (Teen Dance Halls); 4.48 (Cabaret
Dances); 4.50 (Licensing of Public Massage Parlors and Public Bathhouses); 4.56 (Sound Trucks);
4.60 (Taxicabs); 4.75 (Pawnbrokers); 4.80 (Aircraft Landing Permits); and 4.85 (Horse Taxis).
Packet Pg. 15
2.2.b
Section 2. Chapter 4.12 ECC (Peddlers, Solicitors and Street Vendors) is hereby
amended to read as follows (new text is shown in underline; deleted text is shown in strike thfo g ):
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.
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 Cijy of
Edmonds business licensee hemmanner- provided in this ehaflter-. The lieense required by this ehapter-
is in
addition to ., business heense that may We as required 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.
3. 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.
B. All persons acting as a solicitor, peddler or street vendor shall comply with all laws, ordinances and
regulations, including all Snohomish County health department requirements.
Packet Pg. 16
2.2.b
C. All solicitors, peddlers or street vendors must report any sales made within the city of Edmonds to
the Department of Revenue as sales that have occurred within the city.
The license fees for- peor-ddlers vendors
NMI IN
.
•
I'
WIMMEM III
..,Q
r�
Q
Packet Pg. 17
2.2.b
between the
Edmonds
the Pw4
Edmonds
the
festiv4,
eivy
of
or-
of
and another-
entity,
sueh as
ai4s
L',,wth
July „,,rage
fireworks,
Taste ..f
Edmonds,
..1.,ss;,.
, s1,ow.
fA
stimmef market,
of
and
and
Stfeet
in
ffom
the
N
vendors
paftieipatifi
stieh
speeial
events
are also exempt
provisions
of
C
Err n 1
ncvn).
al
J
6. Notwithstanding
the
herein,
exemptions
provided
all exempt
per-sOfis
fffflSt pr-oVide
pr-E)of
of
N
their-
identifieation
by
r+
exempt
status
along
with photo
upon fe"est
a pr-espeetive eustomer-
H
law enf ,-..om
e
t .,FF;,.o
-.
�
U
W
7. Exempt
from
business
lieensing
O
-W
per -sons
are
law,
exempt only
eity
requirements
and must
Snohomish
eomply-
GotnAy
r
with all provisions
of
efdinances
and
r-egelations
and all applieable
d
E
C
d
E
A. Aft), fifm
desiFing
to
per -son,
or- other-
organization
seoufe
a solieitef:'s,
peddlef:'s
of: stfeet
vendor's
, and
s
follows:
a
c
m
The
address
and telephone
number-
of the
pr-ineipal
w
organization;1.
0
m
in
ithin
acn
'
nt
ant
CO
name and
address
over-
the last two
yeaf pefied
pr-eeeding
the most
r-eeent;
m
N
C
+.,1
2
applicant;
J
<.i
4. A list
th
U
W
of
—inally
contemplating
solieitation,
peddling
or- street vending
within-
Edmonds,the
city of
each,
d
r�
H
5. The
telephone
home)
the individtial
name,
address
a -ad
"mber-
03tisiness
and
of
aefing
as
IA -
B. For-
3vending the
Edmonds to
eaeh per -son seheiting,
peddling or- stfeet within
city of pursuant a
herein,
L
independent
pr-ineipal applieant and
Piir-ed whether- aefing
as an employee,
++
fofms-
by the ..;t..
sot f t per -son the
following! 0c1
pr-ovided and shall
ftb, as eaeh suesueh
G
t
(i
r+
Packet Pg. 18
2.2.b
2.
The
telephone
the
fifm
holding
name,
address
and
"mber-
of
per -son,
E)r-
other- or-ga-mization
ipal
0
0;
m
V1
3
His ..,. her-
age
and
general
per-sonal ,7eseripti,,,...,
o
.-e,l by the
eit-) .
,
C
d
t�
J
the
eity in
the
applieation
fofm;
and
H
<.i
.
U
W
O
N
baekgr-otmd
iwi�estigation
the
Upon
the
for-wafd the
C
of
'
'
ehief of
poliee shall
G1
o „lts of
the investigation
to the
e t y eleflE.
E
C
d
denial
listed
below,
the
the
fee,
issue
requiring
as
eity eler-k
shall, upon
payment
of
pr-eser-ibed
license to
the applicant.
The
city
clerk shall deny
the applicant
the license
if the applicant
1
Committed
;sting frauor-misrepresentation;
E
any et
e
of
L
a)
IL
for
c
-
f
r e
';
>
revocation
a
W
Within
the
10
been
felony
dir-eetly
to-
previous
years,3.
eonvieted
of
a misdemeanor-
of
r-elating
e.
,
CO
btit
not limited
to, those
fnisdemeanofs
and felonies
ifwolving
mofal
,
ffatid ofw
m
,
Vl
C
d
C�
4.
Been
felony
the t"e
defined
in
J
ehafged
with
a misdemeafiorm
ot:
of
subseetion
(D)(3) of
oetio
disposition
f
that ,.ha-ge ;
still
and
pending;
U
W
th4
, a"
denied
lieense
the
this
if
the
r�
applieant
a
under- provisions
of
ehaptef
may
reapply
and
when
H
reasons
for
denial
no
longer
exist; an
r
E. Every peddler- shall be r-equifed to eany the peddler's lieense and display it along with ph
identifieation upon request by a prospective customer or law enfor-eement offie
F. The is to the
eity eler-k authefized pr-em-ulgate ndles regarding manner- and
method of payment,
including a prohibition or- regulation of payment by eheek, and the form of the
application.
L
4.12.050 investigation of applicantsw
E
t
it be the duty the to investigate
ECC 4.12.040, in (i
shall of ehief of poliee eaeh applieant made under-
yr
a
Packet Pg. 19
2.2.b
vender-0 0s.
G. The tFbAh of the faets set feft-h in the apphea4ien; and
4.12.055 Street vendor requirements.
Any person seeking a pefrit City of Edmonds business license for a street vendor license under the
definition of this chapter shall comply with the following requirements:
A. Mobile vending units may be allowed to operate within the following commercially zoned areas
including unzoned property or right-of-way adjacent to or abutting commercially zoned areas:
1. Motorized and nonmotorized mobile vending units: neighborhood business (BN), community
business (BC), planned business (BP), downtown business zones (BD1, BD2, BD3, BD4 and
BD5), commercial waterfront (CW), general commercial (CG, CG2), Firdale Village mixed -use
(FVMU), medical use (MU) and public use (P).
B. In addition to the licensing requirements of this chapter, any street vendor shall be required to
obtain a street use permit. Application fees for street use permits are those established by the city
council by resolution in its sole legislative discretion. Application fees shall be paid to the city prior to
issuance of any permit.
C. All advertising shall be placed on the nonmotorized 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 shall be kept clean and orderly at all times, and the vendor must provide a refuse
container and is encouraged to provide containers for recycling. No portion of a vendor's inventory,
sales equipment, or any other structure or equipment used in the sales or solicitation process shall be
left overnight upon any unenclosed portion of any lot or site within the city, nor upon any public street
or right-of-way.
E. The city reserves the right to limit the number of vending permit sites in any given area of the city.
When the number of permitted mobile vendors reaches 15, a review before the city council is triggered
to determine if the number of mobile vendors should be limited. The city council review may consider
the needs of the public, diversity of products offered for sale, the smooth flow of pedestrian and
vehicular traffic, number of complaints, and locations where the vending units are located.
F. If located on a sidewalk, a minimum clearance of five feet shall be maintained by any street vendor
Packet Pg. 20
2.2.b
G. Street vendors shall not locate within that portion of improved street right-of-way designed for
vehicular traffic or parking. Street vendors seeking to locate in improved street rights -of -way or on
sidewalks shall be oriented toward pedestrian traffic movement or safety. Any application to locate a
street vendor in the street right-of-way shall require approval by the city traffic engineer and shall not
interfere in any way with vehicular or pedestrian traffic or safety.
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.
I. Street vendors may operate in parks if they have a concession agreement with the city of Edmonds to
operate on a specific park property.
J. Street vendors are prohibited in residentially zoned areas, and unzoned property or right-of-way
adjacent to or abutting the residentially zoned areas.
K. All street vendors shall comply with all applicable Snohomish County health district requirements.
L. The applicant shall submit with his application a copy of the written approval for the vending site
from the property owner when locating on private property. When locating on a sidewalk within the
right-of-way, the applicant shall have 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 is on or 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 this chapter. 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 proposed site is on or abuts publicly owned property not owned by the
city of Edmonds, the applicant shall be required to obtain approval from the public entity that
owns the property.
3. 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.
M. When locating within a parking lot of a private location, the applicant shall:
1. Identify the location the mobile vending unit will be located and provide a circulation plan.
The location and circulation plan shall require approval by the city traffic engineer to ensure the
vending unit will not interfere in any way with vehicular or pedestrian traffic or safety.
2. Demonstrate that the site will meet the parking requirements of Chapter 17.50 ECDC
excluding the parking space(s) occupied by the mobile vending unit.
Packet Pg. 21
2.2.b
N. The maximum permissible size for any nonmotorized mobile vending unit shall be:
1. Thirty square feet for sidewalk locations; and
2. Fifty square feet for locations within the street or other public right-of-way or when located
on private property.
3. In no event shall any nonmotorized mobile vending unit exceed 10 feet in length.
O. During special events held within the city where food providers are required to pay a fee to
participate (such as the Edmonds Art Festival and Taste of Edmonds), no mobile vending units may be
allowed to operate within one -quarter mile of the special event.
MR-
LLi
4.12.065 Soliciting and peddling 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 6:00 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.
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 8:00 p.m. and
9:00 a.m.
D. Motorized and nonmotorized mobile vending units which are located directly adjacent to
residentially zoned property may not operate between the hours of 9:00 p.m. and 8:00 a.m. Motorized
and nonmotorized mobile vending units not located directly adjacent to residentially zoned property
may not operate between the hours of 11:00 p.m. and 6:00 a.m.
Packet Pg. 22
2.2.b
4.12.070 Carrying of license required.
Stieh heense A City of Edmonds business 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.
Sueh heense mat, be revoked by the eity of Edmonds for- the vielation by either- the employer- or- the
selieiter-, peddler- oF stfeet vendor- of any of the or-dinanees of the eity of Edmonds. The eity of -
Edmonds may also revoke a lieense for- a s4eet ve-n-d-of uadef *-he fellowing eendifiens!
A. Whenever- the detemines that there is for- denying
lieense
eity eler-k eause
license issued to this the
any appheation
the holding4he--
revoking any pursuant chapter-, clerk shall notify
per -son
(3) the lieensee. Netiee to the
the lieense be
requested of personal sefviee on mailed
deemed three days The the
address on shall
fer- the deni
received after- mailing. nefiee shall speeify
4' of a 1:
gr-etfflds
11111111111 Nil
i•
■
Q
Packet Pg. 23
2.2.b
4.12.090 Purchase orders — Form and content.
All orders taken by licensed solicitors; or peddlers ^~ street vend 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 or her employer, the terms thereof, and the amount paid in advance, and one copy shall be
given to the purchaser.
4.12.100 Pe-nalties.Penalty for violation.
Any per-sen E)r- per -sons whe N44ate of gail to eamply with a*y of the pr-evisions of this ehapter- shall
upo�eenm-tienofsaid vielatien be punished as provided in EC—C 5.50.020. AnYperson, as defined
herein, and the officers, directors, managing agents, or partners of any corporation, firm, partnership or
other organization or business violating or failingto o comply with any provisions of this chapter shall
be guifty of a misdemeanor and, upon conviction, shall be punished by a fine in any sum not exceeding
$250.00 or by prisonment for a period not exceeding nine months, or both, and each day of violation
shall constitute a separate offense.
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 3. Chapter 4.52 ECC (Regulations for Adult Entertainment Facilities),
subsections .030, .060, .070, .080, .100, .110, .250 and .260, are hereby amended to read as follows
(new text is shown in underline; deleted text is shown in strike thr-oug ):
4.52.030 Definitions.
For the purposes of this chapter, certain terms and words are defined as follows:
A. "Adult entertainment" shall mean:
1. Any exhibition, performance or dance of any type conducted in an adult entertainment facility
where such exhibition, performance or dance involves a person who is unclothed or in such
costume, attire or clothing as to expose any portion of the female breast below the top of the
areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male
genitals in a discernibly turgid state, or wearing any device or covering exposed to view which
simulates the appearance of any portion of the female breast below the top of the areola or any
portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a
discernibly turgid state, even if completely and opaquely covered; or
2. Any exhibition, performance or dance of any type conducted in an adult entertainment facility
where such exhibition, performance or dance is distinguished or characterized by a predominant
emphasis on the depiction, description, simulation or relation to the following specified sexual
activities:
Packet Pg. 24
2.2.b
a. Human genitals in a state of sexual stimulation or arousal; or
b. Acts of human masturbation, sexual intercourse or sodomy; or
c. Fondling or other erotic touching of human genitals, pubic region, anus, buttocks or
female breast; or
3. Any exhibition, performance or dance intended to sexually stimulate any patron and
conducted in an adult entertainment facility where such exhibition, performance or dance is
performed for, arranged with or engaged in with fewer than all patrons in the adult entertainment
facility at that time, with separate consideration paid, either directly or indirectly, for such
performance, exhibition or dance. For purposes of example and not limitation, such exhibitions,
performances or dances are commonly referred to as table dancing, couch dancing, taxi dancing,
lap dancing, private dancing or straddle dancing.
B. "Adult entertainment facilities" shall mean those businesses defined as follows:
1. "Adult arcade": a commercial establishment containing individual viewing areas or booths,
where, for any form of consideration, including a membership fee, one or more still or motion
picture projectors, slide projectors, or other similar image producing machines are used to show
films, motion pictures, video cassettes, slides, or other photographic reproduction of specified
sexual activities or specified anatomical areas.
2. "Adult cabaret": a nightclub, bar, restaurant, theater or auditorium, or similar commercial
establishment, whether or not alcoholic beverages are served, which features adult
entertainment.
3. "Adult motel": a hotel, motel, or similar commercial establishment which:
a. Offers sleeping accommodations to the public for any form of consideration and
provides patrons with closed-circuit television transmissions, films, motion pictures, video
cassettes, slides, or other photographic reproductions which are characterized by the
depiction or description of specified sexual activities or specified anatomical areas and are
not rated G, PG, PG-13, NC-13, NC-17 or R by the Motion Picture Association of
America; or the establishment has a sign visible from the public right-of-way which
advertises the availability of this adult type of photographic reproductions; or
b. Offers a sleeping room for rent for a rental fee period of time that is less than 10 hours;
or
c. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time
that is less than 10 hours.
4. "Adult motion picture theater": a commercial establishment or drive-in theater where films,
motion pictures, video cassettes, slides, or similar photographic reproductions characterized by
the depiction or description of specified anatomical areas or specified sexual activities and are
not rated G, PG, PG-13, NC-13, NC-17 or R by the Motion Picture Association of America and
are shown for any form of consideration.
Packet Pg. 25
2.2.b
5. "Other adult entertainment facility": any commercial establishment to which any patron is
invited or admitted and where adult entertainment is provided on a regular basis and as a
substantial part of the activities of the establishment.
C. "Barker" shall mean any person who is located at the entrance of or outside of an adult
entertainment facility, and attempts to solicit business for the same by using voice or gestures.
D. "City" shall mean the city of Edmonds, Washington.
E. "Director" shall mean the administrative services director e or his/he designee.
F. "Employee" shall mean any and all persons, including managers, entertainers, independent
contractors, renters, lessees, or sublessees, who work in or at or render any services directly related to
the operation of any adult entertainment facility whether or not such person is paid compensation by
the operator of said business.
G. "Entertainer" shall mean any person who provides live adult entertainment in an adult
entertainment facility, whether or not that person is an employee of the business and whether or not a
fee is charged or accepted for such entertainment, and whether or not that person is nude, semi-nude or
clothed.
H. "Establishment" shall mean any of the following:
1. The opening or commencement of an adult entertainment facility as a new business; or
2. The conversion of an existing business, whether or not an adult entertainment facility, to an
adult entertainment facility; or
3. The addition of an adult entertainment facility to any other existing adult entertainment
facility; or
4. The relocation of any adult entertainment facility; or
5. An existing adult entertainment facility.
I. "Expressive dance" shall mean any dance which, when considered in the context of the entire
performance, constitutes an expression of art, theme, story or ideas, but excluding any dance such as,
but not limited to, common barroom -type topless dancing which, when considered in the context of the
entire performance, is presented primarily as a means of displaying nudity as a sales device or for
other commercial exploitation without substantial expression of theme, story or ideas, and the conduct
appeals to the prurient interest, depicts sexual conduct in a patently offensive way and lacks serious
literary, artistic, political or scientific value.
J. "Manager" shall mean any person who manages, directs, administers, or is in charge of, the affairs
and/or the conduct of an adult entertainment facility.
K. "Nude" or "state of nudity" shall mean the appearance or less than complete and opaque covering
of the human anus, male genitals, female genitals, or the areola or nipple of the female breast. The
Packet Pg. 26
2.2.b
opaque covering shall be made of material or fabric, but shall not include any liquid substance,
including mud, water, lotion, whipping cream, or other such substances that are easily broken down or
removed and do not offer the covering intended for an "opaque covering."
L. "Operator" shall mean the owner, significant stockholder or significant owner of interest, custodian,
licensee, manager, or person in charge of any licensed adult entertainment facility.
M. "Licensed establishment" shall mean any establishment that requires a license and that is classified
as an adult entertainment facility.
N. "Licensee" shall mean a person in whose name a license to operate an adult entertainment facility
has been issued, as well as the individual listed as an applicant on the application for a license.
O. "Person" shall mean and include any individual, firm, joint venture, partnership, association, social
club, fraternal organization, corporation, estate, trust, business trust, receiver or any other group or
combination acting as a unit.
P. "Semi-nude" shall mean a state of undress in which clothing completely and opaquely covers only
the genitals, pubic region, and areola and nipple of the female breast, as well as portions of the body
covered by supporting straps or devices.
Q. "Specified anatomical areas" shall mean and include any of the following:
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.
Packet Pg. 27
2.2.b
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.
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 be required
under Chapter 4.72 ECC.
B. The administrative services director eity ele, or his,he 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:
1. If the applicant is an individual/sole proprietor, then the individual/owner shall state his/her
legal name and any aliases, stage names, or previous names, date of birth, Social Security
number and submit satisfactory proof that he/she is 18 years of age or older.
2. If the applicant is a partnership, then the partnership shall state its complete name, and the
legal names of all partners, including their dates of birth, Social Security numbers, and whether
the partnership is general or limited, and a copy of the partnership agreement, if any.
3. If the applicant is a corporation, including a limited liability organization, then the corporation
shall state its complete name, the date of its incorporation, evidence that the corporation is in
good standing under the laws of the state of Washington, the legal names, dates of birth, Social
Security numbers of all directors, or principal stockholders, and the capacity of all officers,
directors and principal stockholders; the name of the registered corporate agent, and the address
of the registered office for service of process.
Packet Pg. 28
2.2.b
4. Each officer, director, or principal stockholder shall provide the administrative services
director, or designee, eity 'o,.',4easu fe f with an affidavit attesting to his/her identity and
relationship to the corporation. A principal stockholder shall mean those persons who own 10
percent or greater interest in the adult entertainment facility.
5. If the applicant or any other individual listed pursuant to subsection (D)(1), (2) or (3) has been
convicted of a crime within a four-year period immediately preceding the date of the application,
then the applicant must state the specific criminal act involved, the date of conviction and the
place of conviction.
6. If the applicant or any other individual listed pursuant to this section has, within the last four
years, had a previous permit or license under this chapter or other similar ordinances from
another city or county denied, suspended, or revoked, then the applicant must state the name and
location of the adult entertainment facility for which the permit or license was denied,
suspended, or revoked, the entity denying the same, as well as the date of the denial, suspension,
or revocation.
7. If the applicant or any other entity listed pursuant to this section holds any other licenses
under this chapter or any other permits or licenses from other jurisdictions, including a sexually
oriented business license from another city or county, then the applicant must state the names
and locations of such other permitted or licensed businesses.
8. The single classification of license for which the applicant is filing.
9. The location of the proposed adult entertainment facility, including a legal description of the
property, street address, and telephone number(s), if any.
10. The applicant's mailing address and residential address.
11. Two two-inch by two-inch color photographs of the applicant, including any corporate
applicants, taken within six months of the date of the application, showing only the full face of
the same. The photographs shall be provided at the applicant's expense. The license, when
issued, shall have affixed to it one such photograph of the applicant.
12. The applicant and/or each corporate applicant's driver's license number, Social Security
number, and his/her state or federally issued tax identification number, if any.
13. Each application shall be accompanied by a complete set of fingerprints of each person
required to be a party to the application, including all corporate applicants as defined above,
utilizing fingerprint forms as prescribed by the chief of police or his,Lhe designee.
14. A sketch or diagram showing the configuration of the adult entertainment facility, including
a statement of total floor space occupied by the establishment. The sketch or diagram must be
professionally prepared and accepted by the city, and it must be drawn to a designated scale or
drawn with marked dimensions of the interior of the adult entertainment facility to an accuracy
of plus or minus six inches.
E. Applicants for a license under this chapter shall have a continuing duty to promptly supplement
application information required in the event that said information changes in any way from what is
Packet Pg. 29
2.2.b
stated on the application. The failure to comply with said continuing duty within 30 days from the date
of such change by supplementing the application on file with the administrative services director eit�-
ekerk or his,Lhe designee shall be grounds for suspension of a license.
F. In the event the administrative services director eity ele or his/he designee determines or learns at
any time that the applicant has improperly completed the application for a proposed adult
entertainment facility license, he/she shall promptly notify the applicant of such fact and allow the
applicant 10 days to properly complete the application. (The time period for granting or denying a
license shall be stayed during the period in which the applicant is allowed an opportunity to properly
complete the application).
G. The applicant must be qualified according to the provisions of this section, and the adult
entertainment facility must be inspected and found to be in compliance with health, fire, and building
codes of the city.
H. The applicant shall pay a preliminary nonrefundable processing fee established by resolution at the
time of filing an application under this section. Note: This is a processing fee. License fees shall also
be required in the event the application is approved.
I. The fact that a person possesses other types of state or city permits and/or licenses does not exempt
him/her from the requirement of obtaining an adult entertainment facility license.
J. The application form for licenses issued under this chapter shall contain a provision providing that
under penalty of perjury the applicant verifies that the information contained therein is true to the best
of his/her knowledge.
4.52.070 Investigation and application.
A. Upon receipt of an application properly filed with the administrative services director eity ,
and upon payment of the nonrefundable processing fee, the administrative services director eity elerl£
or his4ie designee shall immediately stamp the application as received and shall immediately
thereafter send photocopies of the application to other city departments or other agencies responsible
for enforcement of health, fire, criminal and building codes and laws. Each department or agency shall
promptly conduct an investigation of the application and the proposed adult entertainment facility.
Said investigation shall be completed within 20 days of receipt of the application by the administrative
services director eit-y eleor hi"e designee, unless circumstances support extending the
investigation. If the investigation is extended, the city shall inform the applicant of the extension and
the reason. The extension shall be for no longer than 10 additional days from the original expiration of
the 20-day time period stated above. At the conclusion of its investigation, each department or agency
shall indicate on the photocopy of the application its recommendation as to approval or disapproval of
the application, date it, sign it, and in the event it recommends disapproval, state the specific reasons
therefor, citing applicable laws or regulations.
B. A department or agency shall recommend disapproval of an application if it finds that the proposed
adult entertainment facility will be in violation of any provision of any statute, code, ordinance,
regulation, or other law in effect in the city, or if the applicant does not meet the conditions as
specified in this chapter. After its indication of approval or disapproval, each department or agency
shall immediately return the photocopy of the application to the administrative services director eit�-
eler-k or hiker designee.
Packet Pg. 30
2.2.b
C. In addition to the license fees set forth in this chapter, an applicant shall pay a charge equal to the
actual cost of fire inspection in accordance with the provisions of ECDC 19.25.025.
4.52.080 Issuance of license.
A. The administrative services director a or his,Lhe designee shall grant or deny an application
for a license within 60 days from the date of its proper filing unless the city or applicant establishes a
good reason for up to a 10-day extension as provided above.
B. Grant of Application for License.
1. The administrative services director eity ele or his/he r designee shall grant the application
unless one or more of the criteria set forth in subsection C of this section (Denial of Application
for License) is present.
2. The license, if granted, shall state on its face the name of the person or persons to whom it is
granted, the expiration date, and the address of the adult entertainment facility. The license shall
be posted in a conspicuous place, at or near the entrance to the adult entertainment facility so
that it can be easily read at any time. The license shall be valid until the end of the year.
C. Denial of Application for License. The administrative services director eity ele or Sher
designee shall deny the application for any of the following reasons:
1. An applicant is under 18 years of age or will be employing a person under 18 years of age.
2. An applicant is overdue on his/her payment to the city of taxes, fees, fines, assessments, or
penalties assessed or imposed against him/her in relation to an adult entertainment facility.
3. An applicant has failed to provide information required by this section or the application for
the issuance of the license, or has falsely answered a question or request for information on the
application form.
4. The applicant has failed to comply with any provision or requirement of this chapter.
5. The applicant has failed to comply with any city codes or zoning regulations, or other state or
federal regulations or court order applicable to an adult entertainment facility.
6. The applicant has been convicted of a felony within the last 10 years involving an adult
entertainment facility including, but not limited to, prostitution, promoting prostitution, and/or
possession of controlled substances as that term is defined in Chapter 69.50 RCW.
4.52.100 Licenses for managers and entertainers.
A. No person shall work as a manager or entertainer at any adult entertainment facility without having
first obtained the appropriate entertainer's or manager's license from the administrative services
director e . Each such applicant shall not be required to obtain an adult entertainment facility
Packet Pg. 31
2.2.b
license, but shall complete an application containing the information identified in ECC 4.52.060 (D)
and comply with the same requirements and procedures as set forth in ECC 4.52.060 through 4.52.080.
A nonrefundable processing fee established by resolution shall accompany the application.
B. It is unlawful for any entertainer, employee or operator to knowingly work in or about or knowingly
perform any service directly related to the operation of an unlicensed adult entertainment facility.
C. The annual fee for such a license shall be established by resolution. The amount shall be used for
the cost of administration and enforcement of this chapter.
D. This license expires annually on December 31 st of each year and must be renewed by January 1 st
of each year. This license shall not be prorated.
E. The applicant must be 18 years of age or older.
4.52.110 Due date for license fees.
All licenses required by this chapter must be issued and the applicable fees paid to the administrative
services director eity ele at least 14 calendar days before commencing work at an adult entertainment
facility, and on an annual basis as described above.
4.52.250 Record keeping requirements.
A. Within 30 days following each calendar quarter, each adult entertainment facility licensee shall file
with the administrative services director " a verified report showing the licensee's gross
receipts and amounts paid to entertainers, models, or escorts, if applicable, for the preceding calendar
year.
B. Each adult entertainment facility licensee shall maintain and retain for a period of two years from
the date of termination of employment, the names, addresses, Social Security numbers and ages of all
persons employed or otherwise retained as entertainers, models, and escorts by the licensee.
4.52.260 Denial, suspension or revocation of license, and appeal procedures.
A. When the administrative services director eity ele refuses to grant a license, or revokes the same,
he/she shall notify the applicant in writing of the same, describing the reasons therefor, and shall
inform the applicant of his right to appeal to the city council within 10 days of the date of the written
notice by filing a written notice of appeal with the administrative services director eity ele containing
a statement of the specific reasons for the appeal and a statement of the relief requested.
B. Whenever the administrative services director eity ele has found or determined that any violation
of this chapter has occurred, he/she shall issue a notice of violation and suspension or revocation
("notice") to the licensee. In addition, the administrative services director eity elerlf shall issue a notice
of suspension or revocation to the licensee under the following circumstances:
1. Where such license was obtained by fraud or false representation of fact;
Packet Pg. 32
2.2.b
2. For the violation of, or failure to comply with, the provisions of this chapter or any other
similar local or state law by the licensee or by any of its agents, employees or representatives,
when the licensee knew or should have known of the violations committed by its agents,
employees or representatives;
3. For the conviction of the licensee of any crime or offense committed at the adult
entertainment facility involving prostitution, promoting prostitution or transactions involving
controlled substances (as that term is defined in Chapter 69.50 RCW), or the conviction of the
licensee's employees, agents or representatives of any crime or offense committed at the adult
entertainment facility involving prostitution, or transactions involving controlled substances (as
that term is defined in Chapter 69.50 RCW).
C. The notice shall include the following:
1. Name(s) of person(s) involved.
2. Description of the violation(s), including date and section of this chapter violated.
3. Description of the administrative action taken.
4. Rights of appeal as set forth above.
D. The notice shall be served either personally or by mailing a copy of the notice by certified mail,
postage prepaid, return receipt requested, to the licensee at his or her last known address. Proof of
service shall be made at the time of service by a written declaration under penalty of perjury, executed
by the person effecting the service, declaring the time, date, and the manner by which service was
made. The decision may be appealed to the city council if request for appeal is properly filed with the
administrative services director eity ele within 10 calendar days of receipt of the notice. Said request
shall be in writing, state specific reasons for the appeal, and the relief requested.
E. The suspension or revocation of a license shall be effective at the end of the expiration of any
appeal period, unless there is a written request for an appeal properly filed by the licensee. If there is
an appeal so requested, then the revocation or suspension shall be stayed pending the outcome of the
appeal. This effective date of suspension shall not apply to any fire code violation or building code
violation deemed by the appropriate officials to be a serious risk to health and welfare.
F. Within 10 working days of receiving a timely appeal, the administrative services director e
shall forward the administrative record of the licensing decision to the city council.
G. When an applicant has appealed the administrative services director e erk decision according to
the stipulations herein, the city council shall review the administrative record as soon as possible, but
no later than 30 working days after the city receives the appeal. Written notice of the date, time, and
place of the scheduled meeting will be given to the applicant by the administrative services director
eity eby mailing the same, postage prepaid, to the applicant at the address shown on the license
application, at least five days prior to the meeting.
H. If the licensee appeals the notice to the city council, the licensee shall be afforded a reasonable
opportunity to be heard as to the violation and action taken. The licensee and administrative services
director eity ele or designee his ropresentashall be given an opportunity to argue the merits of
Packet Pg. 33
2.2.b
the appeal before the city council. Oral argument by each party shall not exceed 10 minutes and shall
be limited to the administrative record before the council.
I. The city council shall uphold the administrative services director's e s decision unless it
finds the decision is not supported by evidence in the administrative record.
J. The city council shall issue a written decision within 10 working days of hearing the appeal. The
council may uphold the administrative services director's e s decision and deny the license,
overrule the administrative services director's eerVs decision and issue the license, or remand the
matter to the administrative services director eit-y elerl£ for further review and action. The
administrative services director e shall complete further action or review within 30 working
days of receiving any remand.
K. A decision by the city council shall constitute final administrative review. The applicant or licensee
shall be responsible for the cost of any preparation of the record for appeal.
L. Either party may seek judicial review of a final decision of the city council as provided by law.
Section 4. Chapter 4.68 (Community Antenna Television Systems), subsections .050,
.290, .390, and .400, are hereby amended to read as follows (new text is shown in underline; deleted
text is shown in strike 4ffe g ):
4.68.050 Acceptance.
No franchise granted pursuant to the provisions of this chapter shall become effective unless and until
the ordinance granting same has become effective.
Within 30 days after the effective date of the ordinance awarding a franchise, or within such extended
period of time as the council in its discretion may authorize, a franchisee shall file with the
administrative services director eit-y elerl£ its written acceptance of the franchise, in a form satisfactory
to the city attorney, together with the bond and insurance policies required by ECC 4.68.330,
Insurance, and 4.68.340, Performance bond.
4.68.290 Removal and abandonment of property of franchisee.
The city may direct a franchisee to temporarily disconnect or bypass any equipment of a franchisee in
order to complete street construction or modification, install and remove underground utilities, or for
other reasons of public safety and efficient operation of the city. Such removal, relocation or other
requirement shall be at the sole expense of a franchisee.
In the event that the use of any part of the cable system is discontinued for any reason for a continuous
period of 12 months, or in the event such system or property has been installed in any street or public
place without complying with the requirements of the franchise or other city ordinances or the
franchise has been terminated, cancelled or has expired, a franchisee shall promptly, upon being given
10 days' notice, remove within 90 days from the streets or public places all such property and poles of
Packet Pg. 34
2.2.b
such system other than any which the city may permit to be abandoned in place which permission shall
not be unreasonably withheld. In the event of such removal, a franchisee shall promptly restore the
street or other areas from which such property has been removed to a condition reasonably satisfactory
to the city.
Any property of a franchisee remaining in place 90 days after the termination or expiration of the
franchise shall be considered permanently abandoned unless the franchisee has commenced removal
within a reasonable time.
Any property of a franchisee to be abandoned in place shall be abandoned in such manner as the city
shall prescribe. Upon permanent abandonment of the property of a franchisee in place, the property
shall become that of the city, and a franchisee shall submit to the administrative services director eity-
eler-k an instrument in writing, to be approved by the city attorney, transferring to the city the
ownership of such property. None of the foregoing affects or limits franchisee's rights to compensation
for an involuntary abandonment of its property under state or federal law.
4.68.390 Expedited review process — Competitive franchises.
In accordance with the competitive franchise rule adopted pursuant to Part 76 of Title 47 Code of
Federal Regulations (CFR), Section 76.41, a process for expedited review of franchise applications for
a competitive franchise is hereby established.
A. Application of Rule. Any application for a cable franchise agreement submitted pursuant to 47 CFR
Section 76.41 to the city shall contain the requisite information set forth herein. The mayor and staff
shall evaluate the application and make recommendations to the Edmonds city council based on the
criteria set forth herein.
B. Definitions. As used in this local rule, definitions shall be as follows:
1. "Affiliated entity" or "affiliate" means any entity having ownership or control in common
with the grantee, in whole or in part, including, without limitation, grantee's parent corporations
and any subsidiaries or affiliates of such parent corporations.
2. "CFAR franchise applicant" or "applicant" means an applicant for a cable franchise pursuant
to the provisions of the competitive franchise application rule (CFAR) set forth in Part 76 of
47 CFR Section 76.41, and includes the parent corporation, its subsidiaries and principals.
3. "City" means the city of Edmonds.
4. "Control" is not limited to majority stock ownership, but includes actual working control in
whatever manner exercised.
5. "Interest" includes officers, directors and shareholders owning five percent or more of the
CFAR franchise applicant's outstanding stock or any equivalent voting interest of a partnership
or joint venture.
Packet Pg. 35
2.2.b
6. "Model cable franchise template" means this chapter, containing standard franchise terms and
conditions for cable franchises granted in the city, as the same exists or is hereafter amended
through a process that wi44 commenced in 2008. Franchises granted under the then -existing
Chapter 4.68 shag expired on April 26, 2011, unless an earlier date is was established in the
review process.
7. "Staff' means the persons or positions designated by the mayor for review. The term shall
include any consultant hired by the city to assist in its review.
8. "Parent corporation" includes any entity with ownership or control of the CFAR franchise
applicant.
9. "Principal" includes any person, firm, corporation, partnership, joint venture, affiliates, or
other entity, who or which has control of or interest in a CFAR franchise applicant.
10. "Regulatory authority" includes any governmental or quasi -governmental organization or
entity with jurisdiction over all or any portion of the CFAR franchise applicant or its operations
C. Competitive Franchise Application Submission. A CFAR franchise applicant shall include in its
application detailed written responses to the requisite information set forth in ECC 4.68.400, in
addition to any information required by 47 CFR Section 76.41 (hereinafter collectively the
"application"). A CFAR franchise applicant shall submit an application fee required under ECC
4.68.410 as part of its application to the city. A CFAR franchise applicant shall also provide any
additional information requested by the staff that is relevant to the evaluation of the application under
the criteria adopted herein and applicable law. Completed application and the application fee shall be
filed with the administrative services director eity ele at the following address:
Administrative Services Director City Cie
City of Edmonds
121 — 5th Ave. North
Edmonds, WA 98020
The staff shall accept and review only those applications that include complete responses to every
element of the information required herein. Submission of an application that does not include the
requisite information set forth in ECC 4.68.400 and the application fee shall not commence the time
period set forth in 47 CFR Section 76.41 for granting or denying an application. If the staff requests
any additional information from the CFAR franchise applicant, the time period set forth in 47 CFR
Section 76.41 shall be tolled from the date the information is requested until the date such information
is received by the staff.
The CFAR franchise applicant shall immediately submit additional or updated information as
necessary to ensure the requisite information provided is complete and accurate throughout the staff
review of the application.
Packet Pg. 36
2.2.b
Upon request, the staff will promptly provide access to documents or information in its possession or
control that are necessary for the completion of an application; provided, that the CFAR franchise
applicant does not otherwise have access to such documents or information and that such documents or
information are subject to disclosure under Washington public records laws.
4.68.400 CFAR application requisites.
A. Identification and Ownership Information.
1. Identification of Applicant and Proposed Franchisee.
a. State the name, address, telephone number and web site (if applicable) of the applicant
and the proposed franchisee (if different from applicant).
b. State the name, address, primary telephone number and primary e-mail address of all
individual(s) authorized to represent the applicant before the staff during their
consideration of the franchise(s) requested, including the applicant's primary contact and
any additional authorized contacts.
2. Business Structure.
a. Corporation.
i. If applicant is a corporation, please list all officers and members of the board of
directors, their principal affiliations and their addresses;
ii. Attach a certified copy of the articles of incorporation and bylaws of the
corporation as well as certificates of good standing from the Secretary of State of the
state of incorporation as well as the state of Washington; and
iii. State whether the applicant is directly or indirectly controlled by another
corporation or legal entity. If so, attach an explanatory statement and response to
subsections (2)(a)(i) and (ii) of this section concerning the controlling corporation.
b. Partnership.
i. If applicant is a partnership, please describe the structure of the partnership and the
interests of general and limited partners.
ii. State whether the applicant is controlled directly or indirectly by any corporation
or other legal entity. If so, respond to subsections (2)(a)(i) and (ii) or (2)(b)(i) of this
section, as applicable, concerning the controlling entity.
3. Experience.
a. Current Franchises. Please list all cable systems operated by the applicant in the last five
years. For each system, include name of system, address, communities served, number of
subscribers, number of homes passed, date of system award, duration (start and end date)
Packet Pg. 37
2.2.b
of franchise, status of construction, and percent of penetration of homes passed as of most
recently available date (include date). Also include name, title, and telephone number of
the system manager and authorized representative of the franchising authority.
b. Pending Franchises. List communities where the applicant or any affiliate currently has
a formal or informal request pending for an initial franchise, the renewal of a franchise, or
the approval of a transfer of ownership. Include names of communities, date of application,
date of expected action, and estimated number of homes. Also include complete contact
information of an authorized representative of the franchise authority.
4. Management Structure. Attach a management/organizational chart showing the management
structure of the applicant. Also, provide a similar chart showing the relationship of the applicant
to all general partners, parent corporations, subsidiaries, affiliates and all other subsidiaries of
parent corporation, including a brief description of each entity's relationship to the applicant.
5. Management Agreement. State whether there are any management agreements existing or
proposed between the applicant and any parent corporation or affiliate related to construction
and operation of the applicant's planned system in Edmonds. If yes, attach a copy of any such
agreement.
B. Legal Qualifications.
1. Media Cross -Ownership. Section 613 of the Cable Communications Policy Act of 1984,
47 USC Section 533 (a), and applicable FCC rules prohibit certain forms of media cross -
ownership. Please state whether the applicant or an affiliate directly or indirectly owns, operates,
controls or has an interest in any of the following, or whether the applicant holds or operates any
company or business operating jointly with any of the following:
a. A national broadcast television network (such as ABC, CBS or NBC, etc.).
b. A television broadcast station whose predicted Grade B contour, computed in
accordance with Section 73.684 of the FCC's rules, overlaps in whole or in part in the city,
or an application for license to operate such a station.
c. A telecommunications or telephone company whose service area includes any portion of
the city.
If the response to any of the above is affirmative, state the name of the applicant or affiliate, the
nature and percentage of ownership or interest and the company that is owned or in which the
interest is held.
2. Equal Employment Opportunity and Affirmative Action. Federal law requires cable system
operators to be certified by the Federal Communications Commission (FCC) as being in
compliance with the equal employment opportunity requirements of Section 634(e) of the Cable
Communications Policy Act of 1984, 47 USC Section 554(e). The applicant shall attach any
current FCC certification(s) for its existing cable system holdings, if any, or indicate its intention
to apply for and abide by same.
Packet Pg. 38
2.2.b
3. Franchise Violations. State whether the applicant or any affiliate has been found in violation
by a regulatory authority or franchising authority of any franchise ordinance or agreement,
contract or regulation governing a cable system. If so, identify the judicial or administrative
proceeding, giving the date, name of tribunal and result or disposition of that proceeding.
4. Other Violations. State whether the applicant or any affiliate has been found in violation of
any franchise, ordinance, agreement, permit, contract or regulation by a regulatory authority of
any other type (e.g., public utility commission). If so, identify the judicial or administrative
proceeding, giving the date, name of tribunal and result or disposition of that proceeding.
C. Financial Qualifications.
1. For applicants with existing operations: provide audited financial statements, including
statements of income, balance sheets and cash flow statements, together with any notes
necessary to the understanding of the financial statements for the last three fiscal years for the
applicant and any parent corporation. Please provide associated operating statistics including
distribution plant miles, homes passed, number of basic cable service subscribers, and number of
subscribers to other tiers or services, including digital services, Internet access services,
telephone services and number of premium units, for the operations corresponding to the
financial statements.
2. For all applicants: provide detailed pro forma projections for both applicant's operations in
the city and any regional or national planned operations of which the city is a part for the next
five fiscal years from the date of the application, including balance sheets, income statements,
and statements of cash flows, or, alternatively, at a minimum, detailed projected income and
cash flow statements. Please include associated operating statistic assumptions for these
projections including distribution plant miles, homes passed, number of basic cable service
subscribers, number of subscribers to other tiers or services (e.g., digital service, high-speed
Internet access service, telephone service, etc.), and number of premium units. Also, describe
any other assumptions reflected in the projections, including (a) revenue assumptions, such as
service rates, (b) expense assumptions, such as direct costs of service, staffing levels, or
anticipated cost inflation, (c) capital expenditure assumptions, such as miles of plant to be built
and costs per mile of construction or per subscriber, and (d) financing assumptions, such as
funds to be borrowed and from whom, interest rates, and timing of repayment, or equity
infusions and distributions. Please provide these projections in electronic (Excel spreadsheet)
form as well as in printed form.
D. Technical Qualifications, Planned Services and Operations.
1. Describe the applicant's planned initial and proposed geographic cable service area, including
a map and proposed dates for offering service to each area;
2. If the applicant has or asserts existing authority to access the public right-of-way in any of the
initial or proposed service areas listed in subsection (D)(1) of this section, state the basis for
such authority or asserted authority and attach the relevant agreements or other documentation
of such authority;
Packet Pg. 39
2.2.b
3. Describe with particularity the applicant's planned residential cable services, including basic
cable services, cable programming service tiers, and any additional pay -per -view, on -demand or
digital services; and the projected rates for each category or tier or service;
4. Describe with particularity the applicant's planned system technical design, upstream and
downstream capacity and speed, provision for analog or digital services or packages, distribution
of fiber, and planned count of households per residential node;
5. Describe with particularity the applicant's planned nonresidential cable services;
6. Describe the applicant's planned construction and extension or phase schedule, as applicable,
including system extension plans or policy; describe current status of the applicant's existing or
proposed arrangements with area utilities, including pole attachments, vault, or conduit sharing
agreements as applicable;
7. Describe the applicant's plan to ensure that the safety, functioning and appearance of property
and convenience and safety of other persons not be adversely affected by installation or
construction of the applicant's facilities, and that property owners are justly compensated for
any damages caused by the installation, construction, operation or removal of the facilities; also
state the proposed allocation of costs of installation, construction, operation or removal of
facilities between the applicant and the subscriber;
8. Describe the availability and cost of a device to enable a subscriber to block obscene or
indecent programming; and
9. Describe the applicant's plan to comply with the subscriber privacy protections set forth in
47 USC Section 551.
E. Minimum Franchise Obligations. Please state the applicant's intention to meet each of the following
minimum cable franchise standards:
1. Model Franchises. The applicant shall comply with all provisions of this chapter.
2. Right -of -Way ("ROW") Regulations. The applicant shall stipulate in writing that it will at all
times comply with all applicable and lawful city laws and regulations related to use of the public
ROW within the boundaries of the city.
3. Nondiscrimination. The applicant shall stipulate that it shall not deny cable service to any
group of potential residential cable subscribers in the cable service area proposed by applicant
based on their income.
4. Franchise Fees. The applicant shall pay franchise fees on a monthly basis, unless otherwise
agreed to by the city, at the franchise fee rate established by ordinance for all cable service
providers in Edmonds.
F. City Expectations. The applicant will provide a detailed proposal as part of its application regarding
each of the below provisions to enable the city to determine whether the application meets the cable -
related needs and interests of the city.
Packet Pg. 40
2.2.b
1. Build -Out. The city expects that all residents within a specified cable service area will have
access to applicant's cable services consistent with all applicable local, state and federal laws
and regulations. The applicant shall provide a proposal to provide access to cable services to all
residents in applicant's proposed cable service area within a reasonable time period. Maps of
existing franchise districts are on file with the staff s office or available by contacting the city at
425-775-2525. The staff may reconsider cable service areas proposed by applicant that overlap
the geographic boundaries of existing Edmonds cable franchise districts. Applicant shall clearly
specify all build -out criteria and exceptions.
2. PEG Channel Capacity. The applicant shall provide the same channel capacity as available
under existing incumbent city cable franchise agreements. Channel capacity is not limited to
channels currently in use but shall include all available channels under existing franchise
agreements.
G. Proposed Franchise Terms. The city's model cable franchise template, Attachment A to this rule,
reflects terms and conditions required of other cable operations in Edmonds as of the effective date of
the CFAR. The applicant shall list any proposed amendments to the model cable franchise template
and an explanation as to why the amendment should be considered by the city. These proposed
amendments may either be included in this section of applicant's CFAR franchise application or
shown directly on the model cable franchise template. An electronic copy of the model cable franchise
template may be obtained by calling staff at 425-775-2525 or on the city's web site:
www.ci.edmonds.wa.us.
H. Miscellaneous Provisions. State whether the applicant contemplates the provision of any cable
services on its system under an open video systems ("OVS") regulatory regime, within the meaning of
Section 653 of the 1934 Communications Act (47 USC Section 573).
I. Affidavit of Applicant. Each application shall be accompanied by an affidavit substantially in the
form set forth below:
This application of the Applicant is submitted by the undersigned who has been duly
authorized to make the representations within on behalf of the Applicant and certifies the
representations are true and correct.
The Applicant recognizes that all representations are binding on it and that material
misrepresentations or omissions, or failure to adhere to any such representation may result
in a negative staff recommendation to the Edmonds City Council, or denial of a CFAR
Franchise Application by the Edmonds City Council.
Consent is hereby given to the staff and their representatives or agents to make inquiry
into the legal character, technical, financial and other qualifications of the Applicant by
contacting any persons or organizations named herein as references, or by any other
appropriate means.
The Applicant recognizes that information submitted is open to public inspection and
subject to the Washington Public Records Law. We advise the Applicant to be familiar
with the Washington Public Records Act at Chapter 42.56 RCW. The Applicant should
specifically identify any information which the Applicant has deemed proprietary, the
Staff, as appropriate, will tender to the Applicant the defense of any request to compel
disclosure. By submitting information which the Applicant deems proprietary or otherwise
Packet Pg. 41
2.2.b
exempt from disclosure, the Applicant agrees to defend and hold harmless the City of
Edmonds and the staff from any claim for disclosure including but not limited to expenses
including out-of-pocket costs and attorneys' fees, as well as any judgment entered against
the City of Edmonds or the staff for the attorney fees of the party requesting disclosure.
Name of Applicant's Authorized Representative:
Affiant's Signature:
Official Position:
Date:
NOTARIZATION
Subscribed and sworn before me this of , 20
Notary Public for Washington:
My Commission expires:
J. Application Fee. The application fee to cover the reasonable cost of processing application is set
forth in ECC 4.68.410. The fee shall be equal to the actual, reasonable costs of review, and the
application fee shall be considered a deposit against payment or reimbursement of the city's costs.
K. Review Process.
1. Acceptance of Application. Within 10 business days of receipt of an application, staff shall
review the application to ensure all requisite information is included in the application.
a. If the application is not complete, staff will notify the applicant in writing within 10
business days, listing the requisite information that is required to complete the application
and notifying the applicant that the time period for granting or denying the application set
forth in 47 CFR Section 76.41 will not begin to run until such information is received.
b. If the application is complete, staff will notify the applicant in writing within five
business days by certified mail that all requisite information has been received.
2. Staff Review. Staff shall review all completed applications based on the review criteria set
forth herein. If, during the review of an application, staff requires additional information from
the applicant, staff will promptly request the information from the applicant, in writing, along
with a notification that the time period for granting or denying the application set forth in
47 CFR Section 76.41 will be tolled until such information is received by the staff. After
completing the review, staff shall provide an analysis of the application and recommendations to
the Edmonds city council.
3. Public Notification and Opportunity to Comment. The Edmonds city council may hold a
public hearing to provide the applicant and residents in the proposed cable service area prompt
notice and an opportunity to comment on any CFAR franchise application. Notice requirements
for public hearings shall be provided 10 business days in advance; provided, however, that the
Packet Pg. 42
2.2.b
administrative services director " may shorten or alter these requirements as needed to
meet the deadline for a council decision set forth in 47 CFR Section 76.41, unless the applicant
and the staff agree to extend the deadline.
4. Review Criteria. The staff may recommend to the city council denial of an application of any
of the following exists:
a. The applicant does not have the financial, technical, or legal qualifications to provide
cable service; or
b. The applicant will not provide adequate public, educational, and governmental access
channel capacity, facilities, or financial support, as evidenced by the most recent needs
ascertainment conducted by or on behalf of the staff or other relevant study of community
needs; or
c. The applicant will not meet the city's minimum reasonable build -out requirements; or
d. The applicant's proposed terms do not comply with applicable federal, state and local
laws and regulations including, but not limited to, local customer service standards or
relevant existing city contractual obligations; or
e. Applicant has made material misrepresentations or omissions, or has failed to adhere to
any such representations.
5. Length of Franchise. A franchise granted under these provisions shall expire on the date
established in the review process, in no event later than April 26, 2011, the same date as any
underlying, nonexclusive cable franchise previously granted by the city. This franchise length
has been established in order to permit full assessment of the needs of the city and its citizens as
permitted by 47 USC Section 521, et seq., and the regulations promulgated thereunder as this
chapter is revised.
Section 5. Chapter 4.72 ECC (Business License) is hereby amended to read as follows
(new text is shown in underline; deleted text is shown in strike thr-o g ):
4.72.010 Definitions.
In construing the provisions of this chapter, save when otherwise declared or clearly apparent from the
context, the following definitions shall be applied:
A. Person. The term "person" shall include one or more persons of either- s& M gender, corporations,
partnerships, associations, or other entity capable of having an action at law brought against such
entity, but shall not include employees of of persons licensed pursuant to this chapter.
B. Business. The term "business" includes all services and activities engaged in with the object of
pecuniary gain, benefit or advantage to the person, or to any other person or class, directly or
indirectly, whether part-time or full-time.
Packet Pg. 43
2.2.b
C. Engaging in Business. The term "engaging in business" means commencing, conducting, or
continuing in business, and also the exercise of corporate or franchise powers, as well as liquidating a
business when the liquidators thereof hold themselves out to the public as conducting such business.
1. This section sets forth examples of activities that constitute engaging in business in the city,
and establishes safe harbors for certain of those activities so that a person who meets the criteria
may engage in de minimis business activities in the city without having to pay a business license
fee. The activities listed in this section are illustrative only and are not intended to narrow the
definition of "engaging in business" in subsection (C) of this section. If an activity is not listed,
whether it constitutes engaging in business in the city shall be determined by considering all the
facts and circumstances and applicable law.
2. Without being all-inclusive, any one of the following activities conducted within the city by a
person, or its employee, agent, representative, independent contractor, broker or another acting
on its behalf, constitutes engaging in business and requires a person to register and obtain a
business license:
a. Owning, renting, leasing, maintaining, or having the right to use, or using, tangible
personal property, intangible personal property, or real property permanently or
temporarily located in the city.
b. Owning, renting, leasing, using, or maintaining an office, place of business, or other
establishment in the city.
c. Soliciting sales.
d. Making repairs or providing maintenance or service to real or tangible personal property,
including warranty work and property maintenance.
e. Providing technical assistance or service, including quality control, product inspections,
warranty work, or similar services on or in connection with tangible personal property sold
by the person or on its behalf.
£ Installing, constructing, or supervising installation or construction of real or tangible
personal property.
g. Soliciting, negotiating, or approving franchise, license, or other similar agreements.
h. Collecting current or delinquent accounts.
i. Picking up and transporting tangible personal property, solid waste, construction debris,
or excavated materials.
j. Providing disinfecting and pest control services, employment and labor pool services,
home nursing care, janitorial services, appraising, landscape architectural services, security
system services, surveying, and real estate services including the listing of homes and
managing real property.
Packet Pg. 44
2.2.b
k. Rendering professional services such as those provided by accountants, architects,
attorneys, auctioneers, consultants, engineers, professional athletes, barbers, baseball clubs
and other sports organizations, chemists, psychologists, court reporters, dentists, doctors,
detectives, laboratory operators, teachers, veterinarians.
1. Meeting with customers or potential customers, even when no sales or orders are
solicited at the meetings.
m. Training or recruiting agents, representatives, independent contractors, brokers or
others, domiciled or operating on a job in the city, acting on its behalf, or for customers or
potential customers.
n. Investigating, resolving, or otherwise assisting in resolving customer complaints.
o. In-store stocking or manipulating products or goods, sold to and owned by a customer,
regardless of where sale and delivery of the goods took place.
p. Delivering goods in vehicles owned, rented, leased, used, or maintained by the person or
another acting on its behalf.
3. If a person, or its employee, agent, representative, independent contractor, broker or another
acting on the person's behalf, engages in no other activities in or with the city but the following,
it need not register and obtain a business license:
a. Meeting with suppliers of goods and services as a customer.
b. Meeting with government representatives in their official capacity, other than those
performing contracting or purchasing functions.
c. Attending meetings, such as board meetings, retreats, seminars, and conferences, or
other meetings wherein the person does not provide training in connection with tangible
personal property sold by the person or on its behalf. This provision does not apply to any
board of directors member or attendee engaging in business such as a member of a board
of directors who attends a board meeting.
d. Renting tangible or intangible property as a customer when the property is not used in
the city.
e. Attending, but not participating in, a "trade show" or "multiple vendor events." Persons
participating at a trade show shall review the city's trade show or multiple vendor event
ordinances.
f. Conducting advertising through the mail.
g. Soliciting sales by phone from a location outside the city.
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
Packet Pg. 45
2.2.b
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 e��ee�for business shall not constitute a "day."
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.
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, i.e., a non-resident applicant, 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.
B. Nonprofit organizations or corporations with tax exempt status under 26 USC Section 501(c)(3)
shall require a nonprofit business license but are exempt from a license fee.
4.72.023 Registration of transient accommodations.
Repealed by Ord. 3900.
4.72.030 Procedure.
Packet Pg. 46
2.2.b
A. Application for the business license shall be made to the Washington State 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 handling fee required by RCW 19.02.075.
B. The administrative services director eity ele or designee shall receive all applications for city
business licenses. The administrative services director eity 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
days of submitting an application to the Business Licensing Service.
4.72.040 Fee — Terms — Penalty.
A. Business licenses required to be obtained pursuant to this chapter expire on 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 handling fee required by RCW 19.02.075.
B. The annual amounts of 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 city business license shall be $50.00 for
any business operated within the city of Edmonds.
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 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
Packet Pg. 47
2.2.b
penalties provided in this chapter, be assessed the penalty for such late application and/or payment
required by RCW 19.02.085. 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.
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.
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.
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 administrative
services director eity ele or designee within 10 days of the notice of revocation or suspension. The
administrative services director eity ele or designee shall schedule a hearing within 20 days before
Packet Pg. 48
2.2.b
the hearing examiner. The licensee may appear at that time and be heard in opposition to such
revocation or suspension.
4.72.065 Transfer or sale of business — New license required.
Upon the sale or transfer of any business licensed by this chapter, the license issued to the prior owner
or transferor shall automatically expire on the date of such sale or transfer and the new owner
intending to continue such business in the city of Edmonds shall apply for a new business license
pursuant to the procedures established by this chapter.
4.72.070 Penalty for violation.
Any person, as defined herein, and the officers, directors, managing agents, or partners of any
corporation, firm, partnership or other organization or business violating or failing to comply with any
provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished by
a fine in any sum not exceeding $250.00 or by imprisonment for a period not exceeding nine months,
or both, and each day of violation shall constitute a separate offense.
Section T Chapter 4.90 ECC (Public Markets), subsections .020, .050, .090, and .100,
are hereby amended to read as follows (new text is shown in underline; deleted text is shown in smoke
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. A special event permit under Chapter 4.100 ECC and a City of Edmonds
business license under Chapter 4.72 ECC shall be required before a public market may begin
operating , pawnbrokers and dealers of seeendhand oods shall not eendtiet aetivities in
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.
Packet Pg. 49
2.2.b
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.
4.90.050 Sponsor licensee — Business license required when.
The sponsor of a market shall be required to obtain a City of Edmonds business license and a special
event permit before the market may begin operating,
. . ;#ended to sen,e as a master- heense authorizing limited business aefivities. Vendors at the
markets renting or leasing space from the mastersponsor licensee are not required to have a city
business license unless they engage in other business activities subject to licensing under the
provisions of this title. By way of illustration and not limitation, a .
B—.4 business license shall be obtained by any vendor who conducts business activities beyond the
premises licensed as a public market and/or outside of the time for which the license is issued. For
example, a business operating from a booth on the premises licensed as a public market during the
days of approved market operation shall not require a business license to conduct such activities. If,
however, the vendor conducts other business activities subject to the provisions of Chapter 4.72 ECC,
the person conducting such activities shall be duly licensed in accordance with the provisions of that
chapter.
4.90.090 Application for license.
Each applicant for a license to operate a public market shall file an application with the administrative
services director eity ele accompanied by the license fee provided for in ECC 4.90.070. The
application shall be in writing and submitted on a form prepared by the administrative services director
e and signed by the applicant. The application shall give the applicant's nonprofit
organization's business address and principal business location, a copy of documents indicating its
charitable nonprofit status as well as the residence address and phone number of the applicant's agent.
In addition to such other information as the administrative services director "shall require, the
application shall be accompanied by:
A. A plot plan showing the location of any outdoor facilities or activities. Adequate parking and
ingress and egress shall be maintained during the course of this temporary special event. Adequate
precautions shall be put in place to prevent vehicular access to pedestrian pathways within the confines
of the activity. Applications to utilize a site or lot already occupied by an existing business shall show
on the plot plan the location of all parking required to be provided under the provisions of Chapter
17.50 ECDC for such business.
Packet Pg. 50
2.2.b
B. A list of each and every vendor participating or anticipated to participate in the market for which
the license is sought shall be submitted to the administrative services director e . The listing
shall include the vendor's name, address and business phone number together with a general
description of goods and/or services offered by each vendor. Any changes in the list of vendors shall
be provided to the administrative services director e in a minimum of three business days prior
to the date of the proposed change (i.e., the first date at which the new vendor will participate in the
market).
C. Provisions for event management and garbage control shall be addressed in a management plan. All
tables, tents, booths, signs and other structures associated with the market shall be removed from
public rights -of -way at the end of each day; provided, however, that approved outdoor storage may be
provided between the close of business the day a public market is held and commencement of business
the following morning on public land not located within public rights -of -way or on private property.
D. Garbage receptacles shall be strategically located and have sufficient capacity to accommodate the
vendors and estimated members of the public in attendance. In addition the area shall be kept clean of
rubbish, garbage, junk, waste paper, plastic, styrofoam cups, sacks, food and other waste. The city of
Edmonds encourages the use of recycling receptacles and products whenever possible. The license
holder shall be responsible to keep the area clean. The area to be kept clean shall include the area
immediately surrounding sidewalks and public streets.
E. Temporary signage announcing the event shall be approved on the site in the licensing process in
accordance with the requirements of ECDC 20.60.080.
F. The fire marshal shall designate appropriate fire lanes through the licensed area on the plot plan.
These fire lanes are intended for pedestrian use and shall be kept free of structures, debris or other
blockage. Failure to maintain appropriate fire lanes shall be cause for immediate revocation of the
license. The police chief may, in his or her sole discretion, require that security personnel be provided
by the public market during times and in a number designated by the police.
4.90.100 Records.
The named licensee sponsor of the public market shall maintain a record of all vendors participating in
the event. Such record shall be available for inspection by the administrative services director e4t�-
e4erk or a designated agent during normal business hours of city offices (that is, 8:00 a.m. to 4:30 p.m.
Monday through Friday, excluding legal holidays).
Section 8. Chapter 4.98 ECC (Constitutionally Protected Events) is hereby amended to
read as follows (new text is shown in underline; deleted text is shown in strike *'weugh):
Packet Pg. 51
2.2.b
Chapter 4.98
CONSTITUTIONALLY PROTECTED EVENTS / EXPRESSIVE EVENTS
4.98.010 Definitions.
A. "Constitutionally protected events" or "expressive events" include any event, such as political or
religious activity, intended primarily for the communication or expression of ideas, in which no fee or
donation is charged as a condition of participation or attendance, and that is teJae conducted on public
property or on a public right-of-way; and, also, any such event held on private property which would
have a direct significant impact on traffic congestion or traffic flow to and from the event over public
streets or rights -of -way; or which would significantly impact public streets or rights -of -way near the
event; or which would significantly impact the need for city -provided emergency services, such as
police, fire or medical aid.
B. "Use" shall mean to construct, erect, or maintain in, on, over or under any street, right-of-way, park
or other public place any building, structure, sign, equipment or scaffolding, to deface any public right-
of-way by painting, spraying or writing on the surface thereof, or to otherwise occupy in such a
manner as to obstruct the normal public use of any public street, right-of-way, park or other public
place within the city, including a use related to special events.
4.98.020 Permit required.
A. A permit from the city is required for any constitutionally protected events or expressive events as
defined in this chapter. Such permit shall be in lieu of any other city permit, including but not limited
to special event, parade, street use and park use permits as they may be required by ordinance.
B. Contents of Application. The applicant must file the application in writing on a form supplied by
the city to the license officer, setting forth:
1. Contact information of the applicant, including but not limited to name, telephone number and
address;
2. The date, time, and expected duration of the event;
3. The probable number of participants;
4. The place or route of the event, including a map and written narrative of the proposed route;
5. A description of all public ways proposed to be blocked;
6. A description of the measures to be taken to protect participants and the general public from
injury, including traffic control and crowd control, emergency medical services, fire and life
safety services and emergency communication systems;
7. A description of the measures to be taken to ensure cleanup of any litter or damage resulting
from the event;
8. The number and location of portable sanitation facilities, if any;
Packet Pg. 52
2.2.b
9. A certification that the applicant will be financially responsible for any cost to the city
resulting from breach of any condition of the permit;
10. A certification that the applicant will not sponsor or encourage any commercial activity
unrelated to First Amendment rights during the event;
11. A description of the types and number of vehicles to be used in the special event;
12. Insurance and surety bond information, if any;
13. Any other additional information required to ensure public health, safety and welfare.
C. A constitutionally protected event permit is not required for the following:
1. Parades,
athletie events or- other- speeial events that oeeuf exelusively on eity pr-opefty and are
sponsored or „"ete i f l ^ part by the eity. Parades of the military forces of the United
States of America or the State of Washington.
2. Funeral and wedding processions.
3. Groups required by law to be so assembled.
4. Gatherings of 25 30 or fewer people in a city park, unless merchandise or services are offered
for sale or trade.
5. Other similar events and activities which do not directly affect or use city services of
property.
D. Any person desiring to obtain a constitutionally protected event permit shall apply for such a permit
by filing an application with the city at least 72 hours 60 days prior to the date on which the event is to
occur.
E. Waiver of Application Deadline.
1. Good Cause. Upon a showing of good cause or at the discretion of the city, the city shall
consider an application that is filed after the filing deadline if there is sufficient time to process and
investigate the application and obtain police and other city services for the event. Good cause can be
demonstrated by the applicant showing that the circumstance that gave rise to the permit application
did not reasonably allow the participants to file within the time prescribed.
2. Spontaneous Demonstration. The City shall waive the 72-hour application deadline in those
instances in which a permit is sought for a spontaneous demonstration responding to a local, national
or international event, within 72 hours after the event has occurred.
F. No Fee. No application or permit fee shall be required in order to obtain a permit for a
constitutionally protected event or expressive event.
Packet Pg. 53
2.2.b
4.98.030 Grounds for denial of application — Limited.
A. The eit-y may deny . ap plic ,tio f a eensfitutionally proteeted event po,.mi No permit shall be m
denied by the citv except upon the following grounds: c
A. The event location or desired parade route conflicts with another event for which a permit has 14
already been issued; or as
.r
B. The proposed event location or route would unreasonably prevent or block the provision of v
emergency services within the City of Edmonds or would unduly disturb the convenience of the public w
0
in the use of public streets and sidewalks. w
c
al
In the event that a permit is denied for the reasons stated in subsection A or B of this section, the City E
of Edmonds shall work with the applicant to find an unencumbered time, date, location, or route d
suitable to the applicant. The requirement of a permit for constitutionally protected events or a)
expressive events shall not be used or administered to prevent the exercise of free speech by and Q
individual or rg_oup of individuals so long as the event or route is reasonable as to its time, place and
manner. It is the policy of the City of Edmonds to permit, encouragepromote the lawful exercise
of free speech by all of it citizens regardless of the content thereof. E
L
a)
IL
c
m
>
doeuments; or- the appheant deelar-es of shows an unwillingness or- inability to eemply with the w
reasonable tenns or eonditions eontained in the proposed permit;
a
if4eaaaee in the immediate
infringe the
of M work
vieinity,
or- tiar-easenably upon rights of
C
C�
J
3. The
disfupt
the tr-affie
proposed evei4 would
tinfeasenably
orderly or- safe eir-eulation of
as -V
leinjur-y
damage he;
W
would ei# an tweasen l
risk of
or-
to the p 0
4. The
in,
illegal that thfeaten
++
proposed eventwould
engage adveea4e,
or- eneoufage aetivities
L7.1'
4.98.040 Permit conditions — Appeal.
ns
L
reasonable fe"ifements eeneefaing the time, plaee and
mannef of the event, and stieh fequir-ements as
Q
++
f ll,.,, ing nditions apply t all . ,antit+tti .n lly pfoto ted
a 0 ,.o....�+ ,;ts:
cC
G
t
(i
1. Alter-ation of the time, of the event
on the event applie4ion :9
pl-aeemer
proposed
a
Packet Pg. 54
2.2.b
5. Complianee with any other- applieable fedeful, state or- Weal law of t:egttlatioa.
B—.The applicant shall have the right to appeal the denial of a permit or a permit condition. A written
notice of appeal shall be filed within three business days after receipt or personal delivery of a notice
of denial or permit conditions from the city. Receipt of notice of denial or permit conditions shall be
presumed three days after the same is mailed with USPS postage prepaid and certified. The written
notice of appeal shall set forth the specific grounds for the appeal and attach any relevant documents
for consideration. The hearing examiner shall hear the appeal on the record provided from the
designated city official and upon public comment given at the scheduled hearing before the examiner.
The hearing shall be scheduled for the earliest possible hearing date after receipt of a timely and proper
notice of appeal. The decision of the hearing examiner shall be final.
4.98.050 Revocation of permits.
A. Any permit issued under this chapter may be summarily revoked by the city at any time when, by
reason of disaster, public calamity, riot or other emergency or exigent circumstances, the city
determines the safety of the public or property requires such immediate revocation. The city may also
summarily revoke any permit issued pursuant to this chapter if the city finds that the permit has been
issued based upon false information or when the permittee exceeds the scope of the permit or fails to
comply with any condition of the permit.
B. Notice of such action revoking a permit shall be delivered in writing to the permittee by personal
service or certified mail at the address specified by the permittee in the application. To the extent that
written notice by personal service or certified mail is not likely to achieve timely actual notice, any
other reasonable form of notification intended to achieve the same shall suffice.
A. it shall be unlawffil fer- any per -son to sponsor or conduct an event requiring a eonsfitutionally
pr-oteeted event petqnit pufstiant to this ehapter- unless a valid pefmit has been issued and remains in
effeet fer- the event. it is unlawful fer- any per -son te pai4ieipate in stteh an event with the knewledge
that the sponsor- of the event has not been issued a r-equir-ed, valid pefmit or- with knowledge tha4 a
�ess!ersrssrs: !�essrsas!rs!rs
trsr� sisers.
----
10
Packet Pg. 55
2.2.b
S500.00 E)r- by imprisenment of not more than 90 days, E)r- both stleh fine and iMpr-isEffiffleflt.
-F
N
C
4.98.070 Savings clause.
J
If any section, sentence, clause, phrase, part or portion of this chapter is for any reason held to be
invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the
.r
validity of the remaining portions of this chapter.
v
c�
w
0
Section 9. Anew Chapter 4.100 (Special Event Permits) is hereby adopted to read as
follows:
c
d
E
Sections:
c
E
a
4.100.010 Purpose.
4.100.020 Definitions.
N
4.100.030 General provisions applicable to all special events.
4.100.040 Permit applications.
m
4.100.050 Indemnification.
a
4.100.060 Insurance.
4.100.070 Permit decision.
w
4.100.080 Appeal of permit decision.
w
4.100.090 Reimbursement of fees for city sponsored events.
4.100.100 Cleanup deposit.
co
4.100.110 Suspension and revocation.
4.100.120 Exercise of police power.
y
4.100.130 Violation — Penalties.
d
J
4.100.010 Purpose.
t�
U
W
It is the purpose of the City to establish a process for permitting special events that impact city right-
of-way, public property and other facilities or services. It is recognized that these special events
W
enhance the City of Edmonds communi and provide benefits to the citizens through the creation of
~
.
venues for expression and entertainment that are not normally provided as a part of governmental
aM
5
services.
c
This Chanter is intended to suDDlement land use and street right-of-wav regulations. to Drovide a
coordinated process for the regulation of certain activities to be conducted in conjunction with special
events, and to ensure that the impacts of the special event do not unduly impact the public's health,
safety or welfare. It is further intended to protect and preserve public infrastructure and city resources,
prevent unplanned disruption of public services, mitigatepacts to the extent feasible and to create a
mechanism for cost recovery without having an adverse effect on those events that contribute to the
commumty.
4.100.020 Definitions. M
E
A. "Citsponsored event" means a special event for which the cily provides some level of sponsorship
and/or support to the primary event organizer/sponsor through the use of city funds, equipment, and/or a
other city resources that is not a "city contracted event." City ponsored events may also be special
Packet Pg. 56
2.2.b
events that are organized and sponsored in full by the City of Edmonds. Reimbursement for cit
resources may be reauired.
m
B. "City contracted event" means a special event that typically takes places on an ongoing annual basis
and for which the City and the event organizer/sponsor enter into an event contract to apportion
responsibility for the event, thereby eliminating the need for the event organizer/sponsor to obtain a
special event permit under this Chapter. Such events may be sponsored in part by the ci . Examples of
,
city contracted events include the Garden Market/Summer Market, Edmonds Arts Festival, 4th of July
celebration, Oktoberfest, and Taste Edmonds.
U
U
w
C. "Commercial special event" means an activity or occurrence sponsored and operated by one or more
o
businesses that is conducted primarily for the exchange of goods or services for financial gain.
Commercial special events typically occur upon private property. Examples of commercial special
d
events include parking lot sales and tent sales, promotional events, and sidewalk sales.
E
c
a)
D. "Emer e�ncy response plan" means a plan detailingthe he expected actions of event management and/or
a
.
public safety agencies in the event or threat of an emergency_
E. `Expressive event" or "Constitutionallyprotected event" means an activity or occurrence in which
the sole or principal purpose is the expression, dissemination, or communication of political or religious
E
opinion, views or ideas, and for which no fee or donation is charged or required as a condition of
participation or attendance. Examples of expressive special events include political rallies, marches,
IL
c
public speeches, and political demonstrations. These events are regulated by Chapter 4.98.
w
F. "Fire marshal" means the city of Edmonds fire marshal or designee.
m
a
G. "Parade" means a type of special event involving an or ang ized procession or march of more than 25
y
persons or 25 objects, or any combination thereof amounting to 25, that temporarily disrupts the general
public's normal use of public streets or sidewalks.
w
c
a�
H. "Person" means an individual, corporation, partnership, incorporated or unincorporated association,
organization, or other entity or group of persons, however organized.
U
U
w
I. "Private" or "private event" means an event where persons are specifically and individually invited.
It does not include an event where tickets, invitations, or announcements are available to the public.
J. "Public" or "public event" means a special event open to the public, and includes an event where
•S
tickets, invitations, or announcements are available to the public.
C
m
K. "Public amusement" means circuses, carnivals, motion picture shows, exhibitions, concerts, side
shows, plays and other stage shows, 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 c
is made for attendance, provided, however, that nothing herein shall require the licensing and inspection -2
of an activity conducted under the auspices of a bona fide, accredited elementary school, middle school, O
high school or college and conducted on the premises thereof in facilities previously inspected and L
approved for public assembly_
L. "Right-of-way" means, within the City of Edmonds, all public right-of-way and property granted or m
reserved for, or dedicated to, public use for street purposes, together with public property granted or E
reserved for, or dedicated to, public use for walkways, paths, trails, sidewalks, and bikeways, whether
improved, unimproved, or unopened, including the air rights, sub -surface rights and easements related
thereto, and over which the City of Edmonds has authority and control. a
Packet Pg. 57
2.2.b
M. "Run" or "race" means a type of special event involving any race, contest or event, whether of a
competitive or a noncompetitive nature. involving a procession of persons. whether afoot or upon anv
vehicle or device propelled by the human body, including but not limited to marathons, fun runs,
m
walkathons, and bicycle races.
to
c
a�
N. "Security" means employees, or other hired personnel, dedicated to maintaining order and ensuring
compliance with the laws of the state of Washington and ordinances of the city of Edmonds.
O. "Site" has the same meaning as set forth in ECDC 21.90.090, as now or hereafter amended, and in
.r
v
addition in the case of undeveloped property, a land area under common ownership, whether the land
v
w
area is comprised of one lot, a combination of contiguous lots, or contiguous fractions of lots.
o
N
r
P. "Special events" include any event which is to be conducted on public property or in a public right-
C
of -way; and also, any event held on private property which would have a direct significant impact on:
E
(a,) traffic circulation to and from the event over public streets or rights -of -way; (b) public streets or
C
rights -of -way near the event, or (c) the need for city provided emergency services, such as police, fire
d
E
or medical aid, as determined by the city. It is presumed that any event on private property which
involves: (i) an open invitation to the public to attend; or (b) anticipated attendance by private invitation
of 100 or more people is an event that will have a direct significant impact on the public streets, rights-
y
of -way or emergency services. Special events may include, but are not limited to: fun runs and walks,
E
auctions, parades, carnivals, exhibitions, film/movie events, circuses, outdoor markets, and fairs.
a
Q. "Tent" means a temporary membrane structure or shelter, such as pop-up canopies, sails, and the like,
c
as defined in the current editions of the fire and buildingcdes.
w
4.100.030 General provisions applicable to all special events.
a
A. Permit Required. AU person desiring to conduct or operate a special event within the Cif of
Edmonds shall first obtain a special event permit from the city, unless specifically exempt. It shall be
unlawful for any person to sponsor or conduct an event or activity requiring a special event permit
without a valid special event permit. Penalties for violation of the terms of this chapter shall be as
specified by this chapter.
v
w
B. Consistency with Permit and Law. A special event shall be conducted as described b, the special
event permit, in accordance with the terms and conditions of the permit and in accordance with
applicable laws and regulations. am
C. Public and Personal Safety. The configuration and operation of special events shall conform to
gpplicable laws and regulations, including provisions relating to emergency ingress and egress, barrier -
free facilities, fire prevention, health and sanitation, and the operation of vehicles and equipment.
D. Business Licenses and Taxes. As required by pplicable law, special event businesses/vendors shall
have City of Edmonds business licenses and shall record, report and remit taxes.
E. Exemptions. The following activities and occurrences shall comply with applicable laws and L
regulations, but are exempt from the permit requirements of this chapter:
c
m
1. City contracted events. E
2. Funerals and wedding processions.
a
Packet Pg. 58
2.2.b
3. Garage sales and rumma eg sales.
4. Neighborhood block parties.
N
5. Special event facilities. Events conducted at a facility designed for special event purposes or
C
a)
at facilities where such events are normally held, such as churches, event centers, convention
i
centers, schools, athletic fields, auditoriums, stadiums, theaters, and the like.
d
6. Governmental activities. Activities conducted by a governmental agency acting within the
.r
v
scope of its authority.
w
0
7. Regularly scheduled events utilizing park and recreation facilities, in accordance with the
to
intended use of the facility, and with park rules and policies.
aa)
E
8. A privately scheduled, non -reoccurring event upon private property in a residential zone with
C
Lip to 100 persons attending.
a)
Q
9. The temporary sale of seasonal goods when regulated by other statutes, such as Christmas tree
sales, and peddling of farm produce.
E
10. Expressive events (but see Chapter 4.98 for regulations pertainingto o expressive events).
a
F. Sim
C
w
1. With a special event permit application, applicants may request, and the appropriate director or
designee that would otherwise authorize such signage may authorize, the use of temporary on -site
a
(on -premises) and off -site (off -premises,) signs.
y
2. Special event signs shall not be detrimental to the public health, safety or welfare, nor injurious
c
to grope or improvements in the vicinity of the sign. Signs shall not obstruct visibility for
.
motorists and pedestrians, nor impede access to buildings or property. The installation of signs
i
upon public property shall be subject to inspection by the building official and/or city engineer.
v
U
W
3. The applicant shall be responsible for installation, maintenance, and removal of all signs.
4.100.040 Permit applications.
m
A. The administrative services director or designee is authorized to prepare and maintain necessary
gpplication forms and may issue written administrative policies and procedures as needed for the
implementation of this chapter.
B. Applications for special event permits shall be submitted to the administrative services director or
designee, a minimum of 60 days prior to a small event (less than 100 people) and a minimum of 90 days
prior to a major event (more than 100 people). If an event organizer fails to meet these timelines, the O
application may still be processed if all affected departments agree to process the application within the L
shortened timeframe. Factors in determining whether to allow for processing a late application will o
include the impact on city resources and rights -of -way, and conflicts with other already scheduled
events. m
E
C. Applications for special event permits shall include written authorization of the property owner. For
special events proposed upon city -owned property, the approval of a special event permit application a
Packet Pg. 59
2.2.b
shall constitute city authorization to conduct the event upon the property described in the permit
application.
m
D. Applications for special event permits shall be on forms prepared by the administrative services
director or designee and shall include information that any city department processingthe he application
deems necessary in the interest of the public health, safety and welfare to enable it to review the
application. The information requested shall enable the city to assess the scope of the event so as to
evaluate the impact of the event on city resources and the community_
c�
E. Application feels for special event permits are set forth in the City's adopted fee schedule. v
w
0
4.100.050 Indemnification. w
c
d
Prior to the issuance of a permit for a special event, the permit applicant and authorized officer of the E
sponsoring organization must agree to reimburse the city for any costs incurred by it in repairing damage M
d
to cityj2roperty and indemnify and defend the city, its officers, employees, and agents from all causes E
of action, claims or liabilities occurring in connection with the permitted event, except those which occur
due to the city's sole negligence.
N
4.100.060 Insurance. E
L
a)
IL
Prior to the issuance of a permit for a special event, the permit applicant shall comply with the following
insurance requirements:
w
(1) The permit applicant shall obtain commercial general liability insurance in amounts acceptable
to the ci • attorney's office. 0.
(2) Written proof of such insurance is required prior to permit issuance. The insurance policy shall y
be written on an occurrence basis, shall name the city as an additional insured using ISO form CG
20 26, or coverage at least as broad, and shall be written for a period that includes the timeframe for
both the set-Lipbefore and the clean -Lip following the completion of the event. The a licant shall J
p p � v
provide the city and all additional insureds for this event with written notice of any policy v
w
cancellation within two (2) business days of their receipt of such notice.
m
(3) Liquor Liability Coverage. Liquor liabili • coverage must be obtained when liquor is served as ~
a part of a special event permitted under this chapter.
c
(a) A vendor hired by the special event permittee to serve liquor must provide evidence of liquor
liability coverage in amounts acceptable to the city attorney's office, namingthe he city as additional
insured. This insurance coverage is in addition to the special event permittee's overall general
liability requirement.
(b) A special event permittee serving liquor directly shall obtain host liquor coverage as a part of :.
providing commercial general liability insurance per subsection (1) of this section. o
4.100.070 Permit decision.
E
A. After receiving a completed application in conformance with this chapter, along with the non-
refundable permit application fee, the administrative services director or designee shall consult with all a
affected divisions or departments, such as Building, Planning, Engineering, Police, Fire, Public Works,
Packet Pg. 60
2.2.b
Parks and Recreation, Finance, and Risk Management. Following consultation with all affected
departments and divisions. the administrative services director or desianee may approve. conditionally
approve, or deny an application for a special event permit based upon the provisions of this chapter.
When an application is conditionally approved or denied, the administrative services director or designee
shall provide written explanation of the grounds for the conditions of approval or denial, and the
a)_
applicant's rightppeal pursuant to the provisions of this chapter.
d
B. Decision criteria. A permit may be issued to an applicant only if all the following criteria and
conditions for issuance are met:
v
c�
w
1. The special event will not be detrimental to the public health, safety, or welfare;
o
N
r
2. The special event will not be injurious to property or improvements in the immediate vicinity
d
of the special event;
E
c
3. The special event will not endanger participants, spectators, or the public;
a)
E
4. The special event has a traffic managementplan or other adequate and appropriate measures
in place to mitigate any traffic safety and mobility issues, including for both vehicles and
pedestrians;
E
L
5. Adequate and appropriate sanitation and refuse facilities are planned;
a)
a
c
m
6. The special event has adequate and appropriate measures in place to ensure the safe movement,
w
assemblage and dispersion of people attending the event. Such measures may include the use of
safety guardrails, fences, ropes, barricades, and the like;
a
CO
7. The special event will not cause excessive or harmful fumes, odor, smoke, noise or light and
must be consistent with Chapter 5.30 entitled "Noise Abatement and Control";
a�
8. The special event will comply with all applicable ordinances relating to food service containers
and utensils and provide for the appropriate collection and disposal of waste, recycling, and
v
compostables;
w
9. Adequate plans exist to return the area or routes impacted by the special event to the same
m
condition or cleanliness as existed prior to the event;
10. Applicant has agreed to the indemnity and hold harmless provisions in the application;
11. Applicant has provided proof of the requisite insurance provisions in the application;
12. For city sponsored events, applicant has agreed to reimburse the city for the provision of
additional city services, including but not limited to the employment of police officers to direct
or block pedestrian or vehicular traffic, or the provisions of standby aid car or fire protection
services, as required.
4.100.080 Appeal of permit decision. m
E
Decisions of the administrative services director or designee are appealable. An appeal of the
administrative services director or designee's decision related to application of this chapter may be filed a
Packet Pg. 61
2.2.b
with the administrative services director or designee within 10 business days of notification of the
decision. Such anneal shall be filed and processed in accordance with the anneal provisions for business
licenses as provided by Chapter 4.72. The meal filing fee shall be as specified by the fee schedule.
N
4.100.090 Reimbursement of fees for city sponsored events.
C
a)
J
A. Upon approval of a special event permit application for a city sponsored event, the administrative
services director or designee shall provide the applicant with a statement of the estimated cost of
providing city resources, such as personnel and equipment, for the special event, if applicable. The
v
applicant%sponsor of the event may be required to prepay these estimated costs ten (10) days prior to the
v
w
special event. The special event application fee per the fee schedule adopted by resolution of the city
o
council is a separate processing fee and is not applicable to the city services fees. City resources may
include the use of police officers and public employees for traffic and crowd control; pickup and delivery
aa)
of traffic control devices, picnic tables, and the like; extraordinary street sweeping; and any other needed,
E
requested or required city service, along with the cost of operating any equipment needed to provide
C
such services.
Q
B. If the actual cost for the use of city resources on the date(s) of the citysponsored event is less than
v
the estimated cost, the applicant/sponsor will be refunded the difference by the city in a timely manner.
If the actual cost for the use of city resources on the date(s) of the city sponsored event is greater than
E
the estimated cost, the city will invoice the applicant/sponsor for the difference, and the invoice shall be
a
paid in a timely manner.
C
w
C. Permit fees and fees for the use of city resources may be waived in part or in full by the ci if, in
,
review of the application, it is found that the city sponsored event is of sufficient public benefit to warrant
the expenditure of city funds without reimbursement by the and would not result in
CO
the private financial gain of any individual or "for -profit" entity.
m
4.100.100 Cleanup deposit.
N
aCi
J
A. The applicant/sponsor of a special event likely to create a substantial need for cleanup may be
v
required to provide a cleanup deposit prior to the issuance of a special event permit.
w
B. The cleanup deposit may be returned after the event if the area used for the permitted event has been
cleaned and restored to the same condition as existed prior to the event within twenty-four 24, hours
~
after the conclusion of the event.
5
C. If the property used for the event has not been properly cleaned or restored within twenty-four (24)
hours after the conclusion of the event, the applicant/sponsor shall be invoiced for the actual cost to the
city for cleanup and restoration, which invoice shall be paid in a timely manner. The cleanup deposit
shall be applied toward the payment of the invoice.
4.100.110. Suspension and revocation.
A. In instances in which the special event does not comply with the provisions of this chanter. the terms "
and conditions of the approved permit, or other applicable law, the administrative services director or C
designeey suspend or revoke an approved special event permit with the issuance of written findings. E
B. When necessary to prevent serious injury to persons, property or the public peace, health, safety or Q
welfare, the administrative services director or designee, fire marshal, building official, development
Packet Pg. 62
2.2.b
services director or chief of police, or the designee of each, may suspend or revoke an approved special
event permit effective immediately. The city official or designee shall deliver written notice of
suspension or revocation to the permit applicant/event sponsor or manager.
4.100.120 Exercise of police Dower.
This chapter is enacted as an exercise of the citespolice powers and shall not be construed to impose
any duty owed by the ci , to any permittee under this chapter or to any member of the public, nor shall
any permit be construed as waiver of any violation of the laws of the city.
4.100.130 Violation — Penalties.
A. It shall be a misdemeanor for M person to violate any of the provisions of this chapter or the
conditions imposed upon M permit issued hereunder, which shall be punishable by a fine not to exceed
one thousand dollars ($1,000) or imprisonment not to exceed nine1(90) dgys. Each day, or part thereof,
durine which anv such violations occur or are continued. shall constitute a separate offense.
B. In addition. permits issued hereunder shall be subiect to suspension or revocation as provided herein
and civil abatement proceedings as set forth in Chapter 20.110 ECDC.
C. In addition, or alternatively, any person violating the provisions of this chapter or the conditions of
anv permit issued hereunder shall also subiect the Dermittee to a dailv civil penalty in the amount
specified by Chapter 20.110 ECDC.
D. In addition, or alternatively, any person violating the provisions of the chapter or the conditions of
any_permit issued hereunder may forfeit their right to hold a special event in the cit .
Section 10. 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 11. 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.
APPROVED:
MAYOR MIKE NELSON
ATTEST/AUTHENTICATED:
CITY CLERK, SCOTT PASSEY
Packet Pg. 63
2.2.b
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
11-IIA
JEFF TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
Packet Pg. 64
2.2.b
Ordinance No.
as follows:
On the
fi 04105 El :f'L/] go '71 0[�[4 plor1a
of the City of Edmonds, Washington
day of 2021, the City Council of the City of Edmonds, passed
_. A summary of the content of said ordinance, consisting of the title, provides
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
PROVIDING FOR THE REPEAL OF OR AMENDMENT TO CERTAIN
CHAPTERS OF TITLE 4 ECC (LICENSES) AND FOR THE ADOPTION
OF A NEW CHAPTER TO TITLE 4 ECC RELATING TO SPECIAL
EVENT PERMITS; PROVIDING FOR SEVERABILITY; AND SETTING
AN EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon request.
DATED this day of 2021.
CITY CLERK, SCOTT PASSEY
Packet Pg. 65
2.2.c
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING A NEW FEE SCHEDULE FOR THE CITY'S
DEVELOPMENT -RELATED FEES AND CHARGES TO ADD FEES
RELATING TO THE CITY'S SPECIAL EVENTS PERMITS.
WHEREAS, ECDC 15.00.020 provides for the establishment and amendment of certain fees
charged by the city by resolution; and
WHEREAS, extensive effort has been made by city staff to analyze the full costs associated with
city permitting and service activities; and
WHEREAS, the city council has previously established and affirms as its goal that permit fees
shall be set to cover the costs of processing and issuing permits and requests for service; and
WHEREAS, the city council adopted Resolution 1442 in December 2019, which adopted a
schedule of fees to be charged in relation to permit issuance and other development activity; and
WHEREAS, the city council has adopted Ordinance to document in the Edmonds City
Code the requirements for obtaining permits from the city to hold Special Events; and
WHEREAS, city staff has established the costs associated with issuing such permits; and
WHEREAS, this resolution is intended to add the new Special Event Permit fees to the city's
schedule of fees and to replace Resolution 1442; now therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY
RESOLVES AS FOLLOWS:
Section 1. The fees and charges for services set forth in the schedule attached as Exhibit A
to this Resolution, which is incorporated herein by this reference, are hereby adopted, along with
the referenced tables which are also included therein, and shall be effective on and after
September 1, 2021.
Section 2. If any section, sentence, clause or phrase of this resolution or any fee or charge
for service adopted or 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 or
constitutionality of any other section, sentence, clause or phrase, or any fee or charge adopted or
amended hereby.
Section 3. Resolution 1442 shall have no further effect as of September 1, 2021 as the fees
adopted by Resolution 1442 are being replaced by the fees adopted herein.
RESOLVED this day of 2021.
Packet Pg. 66
2.2.c
CITY OF EDMONDS
MAYOR, MIKE NELSON
ATTEST:
CITY CLERK, SCOTT PASSEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
Packet Pg. 67
I 2.2.c I
FEES ASSOCIATED
WITH DEVELOPMENT
'r-11 C. 1 S C) v
Building —Engineering —Planning -Fire
121 5t" Ave N, Edmonds WA 98020
425.771.0220
FINAL DRAFT 4.22.21 FOR 2021
Packet Pg. 68 1
I 2.2.c I
GENERAL DEVELOPMENT SERVICES PERMIT FEES
Building / Planning / Engineering / Fire
City Technology Fee for each permit application.................................................................................. $40.00
Credit Card Transaction Fee.......................................................................................................................... 3%
Development Review Committee Meeting.................................................................................................. $0
Pre -Application Meeting................................................................................................................... $1,000.00
(50% applied toward future plan check fee for that specific project only)
Recording Fee (for recording documents with Snohomish County) ......................... Recording Cost + $110.00
Violation Compliance Fee................................................................................ $250.00 or up to 5x Permit Fee
Residential State Building Code Surcharge Fee..................................................................................... $6.50
.................................................................................................................. Each additional dwelling unit $2.00
Commercial State Building Code Surcharge Fee................................................................................... $25.00
.................................................................................................................. Each additional dwelling unit $2.00
(not applicable to certain minor permits such as plumbing, mechanical, re -roof)
PLAN REVIEW & INSPECTION FEES:
Plan review is calculated at 85% of the building permit fee and includes up to 3 reviews per division/ department.
Commercial/ Multi -family/ Residential: Plan review fee includes Building, Planning, Fire & Engineering reviews
General plan review fee per reviewing department/division....................................... $110.00/hr (1 hr min.)
plus peer review fee if applicable
Plan review for re -submittals after the 3rd review.......................................................................... $110.00/hr
Development Project Peer Review (Peer Review)................................................................................ $110.00
plus cost of consultant review fee charged for outside consultant peer review services when
City staff lacks the expertise to review a specific project or aspect of a project.
General Inspection Fee per department/division............................................................................$110.00/ea
Re -Inspection Fee.............................................................................................................................$110.00/ea
Engineering Inspection Fee*............................................................................ 3.3% of Value of Improvements
*Applies to Civil Site Improvements, such as Subdivisions, Commercial & Multi -Family Permits
Stormwater Engineer Review Fee................................................................................................... $130.00/hr
Transportation Engineer Review Fee.............................................................................................. $130.00/hr
Utility Engineer Review Fee............................................................................................................ $130.00/hr
REFUNDS:
The City may authorize refunding of any permit fee paid which was erroneously paid or collected. The City
may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done
under a permit issued in accordance with the applicable code(s). The City may also refund not more than 80
percent of the plan review fee paid when an application for a permit for which a plan review fee has been
paid is withdrawn or canceled before any plan reviewing is done. Refunds shall not be granted of any fee on
an expired permit. Any application for a refund must be made in writing and describe the circumstances to
justify. Refunds for permit fees covered by 19.70.025 ECDC may be authorized by the Building Official. The
Planning Manager may authorize refunds of Planning fees or service charges. The City Engineer may
authorize refunds of Engineering fees or service charges.
Packet Pg. 69 1
I 2.2.c I
BUILDING PERMIT FEES
Accessory Dwelling Unit Compliance (ADU)..........................................................................................
$405.00
Adult Family Home Compliance(AFH)...................................................................................................
$550.00
Alternate Methods Review........................................................................................
$110.00/hr + Peer Review
Appeal of Building Official Interpretation..............................................................................................
$970.00
Cellular Communication and Facilities...................................................................................................
TABLE 1
Changeof Use.........................................................................................................................................
$510.00
Demolition (Residential Primary Structure)...........................................................................................
$300.00
Demolition (Commercial Primary Structure)..........................................................................................
$500.00
Demolition (Secondary Structure or Interior Only).................................................................................
$150.00
Dock/Marina/Floats...............................................................................................................$200.00+TABLE
1
Fence......................................................................................................................................................
$100.00
Hot Tub/Spa (Single-Family)...................................................................................................................
$200.00
Manufactured Coach Installation - Commercial (Federal
HUD Label) ................................................... $500.00
Manufactured Home Installation (Federal HUD Label)..........................................................................
$550.00
ParkingLot.............................................................................................................................$200.00+TABLE
1
Re -roof (Commercial)......................................................Valuation
based on $2.00 per square foot +TABLE 1
Re -roof (Residential - includes sheathing)..............................................................................................
$100.00
Retaining Wall (Commercial)..........................................................................................
$740.00 + Peer Review
Retaining Wall (Residential)............................................................................................
$300.00 + Peer Review
Solar/Photovoltaic (Residential).............................................................................................................
$120.00
Solar/Photovoltaic (Commercial) - Valuation does not include
cost of solar panels or inverters......... TABLE 1
Swimming Pool (Pre -manufactured, above ground)..............................................................................
$120.00
Swimming Pool (In-Ground)...................................................................................................................
TABLE 1
Temporary Certificate of Occupancy (Commercial Only
— valid for 60 days) ........................................ $330.00
SIGNS:
Sign (Per sign excluding specific sign categories listed below).............................................................. $165.00
Blade Sign (Includes all blade signs in proposal)............................................................................................. $0
Pedestrian Sign (Includes all pedestrian signs in proposal)..................................................................... $80.00
PoleSign(persign).................................................................................................................................$825.00
Murals (Includes all murals in a proposal)............................................................................................. $165.00
*Planning ADB Design Review may apply
ESLHA DESIGNATED PROPERTIES:
Additional fees associated with development in the North Edmonds Earth Subsidence Landslide Hazard Area (ESLHA)
ESLHA Administrative Fee.................................................................................................................$2,385.00
ESLHA Consultant Review....................................................................Full cost of review is paid by applicant.
Deposit at Application for Peer Completeness Review................................................................... $500.00
Deposit at Full Application............................................................................................................ $2,500.00
Deposit at Re -submittal if additional Peer Review is needed ...................................................... $1,500.00
ESLHA Minor Project Administrative Processing Fee........................................................................... $300.00
ESLHA Submittal Packet......................................................................................................................... $15.00
0
r
a�
E
c
m
E
Q
c
0
N
r
E
L
W
d
r
c
a�
u.l
U
W
a
Packet Pg. 70 1
I 2.2.c I
MECHANICAL PERMITS:
BASEPERMIT FEE: .................................................................................................................................. $50.00
UNIT FEE SCHEDULE:
For the installation or relocation of each:
FURNACE - Forced -air or gravity -type, including ducts and appliance vents ........................................
$30.00
AIR HANDLER - Including ducts (Diffusers, blowers, etc.)
Up to and including 10,000 cfm (4719 L/s).....................................................................................
$30.00
Over 10,000 cfm (4719 L/s) including ducts....................................................................................
$40.00
GAS HEATER - Suspended, recessed wall or floor -mounted unit..........................................................
$30.00
HYDRONIC HEATING SYSTEM...............................................................................................................
$150.00
APPLIANCE VENT- (Type B, BW, L gas vent, etc.)..................................................................................
$15.00
INCINERATOR..........................................................................................................................................
$50.00
VENTILATION AND EXHAUST
Fan connected to single duct (Bath, laundry, kitchen exhaust, etc.) ..............................................
$15.00
Each system which is not a portion of any heating or air-conditioning system .............................
$15.00
HOOD - Type 1, Type 2, Fume Hood including ducts..........................................................................
$150.00
GAS PIPING: (New or relocated)
Gas -Piping systems of 1 to 5 outlets.....................................................................................................
$30.00
Each additional outlet over 5...................................................................................................................
$5.00
BOILER OR COMPRESSOR
Up to and including 50 HP (176 KW)..................................................................................................... $50.00
Over50 HP (176 kW)........................................................................................................................... $100.00
ABSORPTION SYSTEM, AIR CONDITIONING SYSTEM OR HEAT PUMP
Up to and including 1,750,000 Btu/h (512.9 kW)................................................................................. $50.00
Over 1,750,000 Btu/h (512.9 kW)....................................................................................................... $100.00
OTHER FEES:
Commercial Plan review hourly fee................................................................................................ $110.00/hr
Each appliance or piece of equipment regulated by the IMC for which no other
fee is listed (Fire dampers, ductless mini- split systems, etc.).......................................................... $30.00
0
r
a�
E
c
m
E
Q
c
0
N
E
W
d
r
c
a�
w
U
W
a
Cn
Packet Pg. 71 1
I 2.2.c I
PLUMBING PERMITS:
BASE PERMIT FEE: ....................................................................................................................................... $50.00
UNIT FEE SCHEDULE:
For the installation, alteration, repair, addition or relocation of each: ....................................................... $15.00
Plumbing fixture (on one trap or a set of fixtures on one trap)
Drain w/in footprint of building (rainwater systems, roof deck drains, etc.)
Water Heater (includes expansion tank)
Re -pipe - Drain, vent or water piping (each fixture served)
Water Service Line (replacement or repair)
For the installation, alteration, repair, addition or relocation of each:
Water treating equipment (water softener)..........................................................................................
$35.00
Backflow protective device - 2" and smaller.........................................................................................
$35.00
Backflow protective device - Over 2"....................................................................................................
$45.00
Graywater system or reclaimed water system (in addition to fixture fee) ...........................................
$65.00
Non -grease waste pre-treatment interceptor (oil/water, separator, etc.) ..........................................
$110.00
Medical gas piping system serving 1 to 5 inlet/outlet(s) for a specific gas .........................................
$110.00
Each additional medical gas inlet/outlet............................................................................................
$15.00
Grease Trap (HGI Inside Building).........................................................................................................
$220.00
Gravity Grease Interceptor (GGI))........................................................................................................
$770.00
OTHER FEES:
Commercial plan review fee hourly fee ............................
PARK IMPACT FEES:
Single -Family ............................
Multi -Family .............................
Non -Residential Development
Residential Administrative Fee.
Commercial Administrative Fee
IMPACT FEES
..... $110.00/hr
....................................................................... $2,734.05 per Dwelling Unit
....................................................................... $2,340.16 per Dwelling Unit
..................................................................................$1.34 per square foot
.......................................................................................................... $ 50.00
........................................................................................................ $100.00
TRANSPORTATION IMPACT FEES:
Refer to City Code & Handouts to calculate impact fee. The following applies in addition to impact fee:
Residential Administrative Fee................................................................................................................$50.00
Commercial Administrative Fee............................................................................................................$100.00
Independent Fee Calculation —Transportation Engineer Review ...................................................... $260.00
plus peer review fee as applicable.
0
r
c
a�
E
c
m
E
Q
c
0
N
r
E
W
d
r
c
a�
w
U
W
a
Packet Pg. 72 1
I 2.2.c I
GRADING PERMIT FEES
PLAN REVIEW:
CUBICYARDS
PLAN REVIEW FEE
50 cubic yards or less
$55.00
(when located in a designated critical area)
51 to 100 cubic yards
$110.00
101 to 1,000 cubic yards
$220.00
1,001 to 10,000 cubic yards
$440.00
$440.00 for the first 10,000 cubic yards, plus $110.00 for
10,001 to 100,000 cubic yards
each additional 10,000 yards or fraction thereof.
100,001 to 200,000 cubic yards
$1,430.00 for the first 100,000 cubic yards, plus $110.00
for each additional 10,000 cubic yards or fraction thereof.
200,001 cubic yards or more
$2,530.00 for the first 200,000 cubic yards, plus $110.00
for each additional 10,000 cubic yards or fraction thereof.
PERMIT FEE:
CUBIC YARDS
PERMIT FEE
Base Permit Fee
$35.00
50 cubic yards or less
$110.00
(when located in a designated critical area)
51 to 100 cubic yards
$110.00
101 to 1,000 cubic yards
$110.00 for the first 100 cubic yards, plus $25.00 for each
additional 100 cubic yards, or fraction thereof.
$335.00 for the first 1,000 cubic yards, plus $45.00 for each
1,001 to 10,000 cubic yards
additional 1,000 cubic yards, or fraction thereof.
$740.00 for the first 10,000 cubic yards, plus $65.00 for
10,001 to 100,000 cubic yards
each additional 10,000 cubic yards or fraction thereof.
100,001 cubic yards or more
$1,325.00 for the first 100,000 cubic yards, plus $100.00 for
each additional 10,000 cubic yards or fraction thereof.
Packet Pg. 73 1
I 2.2.c I
FIRE PERMIT FEES
FIRE SPRINKLER PERMITS:
Residential IRC Structures
New Residential Fire Sprinkler Systems.............................................................................................. $300.00
Residential Fire Sprinkler System Alteration........................................................................................ $200.00
Commercial & Multi -Family Fire Sprinkler Systems
Newsystems........................................................................................................................ $300.00 + TABLE 1
Modifications:
1 to 5 sprinklers....................................................................................................................................
$250.00
6 to 25...................................................................................................................................................
$500.00
26 or more...........................................................................................................................
$300.00 + TABLE 1
Additional inspections/plan review as required..............................................................................$110.00/hr
FIRE ALARM PERMITS:
New fire alarm system........................................................................................................
$300.00 + TABLE 1
Emergency Responders Radio System (DAS).....................................................................
$100.00+TABLE 1
Modifications:
1 to 5 initiating devices, Communicator (AES, Cellular).....................................................................
$250.00
6 to 25, including panel replacement...................................................................................................$500.00
26 or more...........................................................................................................................
$300.00 + TABLE 1
Additional inspections/plan review as required..............................................................................$110.00/hr
TANK PERMITS:
Residential fill, remove or install (per each).........................................................................................
$200.00
Commercial fill, remove or install (per each).......................................................................................$450.00
OTHER FIRE PERMITS:
Fire Suppression Systems:
Commercial Hood Suppression System (per system)....................................................................
$325.00
Standpipe........................................................................................................................................
$450.00
FireConnection.....................................................................................................................................
$500.00
FireOperational...................................................................................................................................$100.00
Fire fees include plan review and inspections.
Packet Pg. 74 1
I 2.2.c I
PLANNING AND LAND USE FEES
.�l��I4:L1111p,
Type I (Staff decisions, no notice)........................................................................................................... $275.00
Type I I A (Staff decisions with notice).................................................................................................... $970.00
Type IIIA (ADB/Hearing Examiner)........................................................... Hearing Examiner Cost + $2,000.00
Type I I I B (Hearing Examiner)...................................................................... Hearing Examiner Cost + $2,000.00
Type IV (Rezone, Development Agreement)....................................................................................... $7,000.00
Type V (Plan & Edmonds Community Development Code Amendments) .......................................... $7,000.00
LotLine Adjustment............................................................................................................................
$1,050.00
Short Subdivision Preliminary Approval..............................................................................................
$3,225.00
Short Subdivision Civil Plan Review.....................................................................................................
$3,050.00
Short Subdivision Final Approval.........................................................................................................
$1,590.00
Subdivision Preliminary Approval..............................................................
Hearing Examiner Cost + $6,510.00
Subdivision Civil Plan Review..............................................................................................................
$4,670.00
Subdivision Final Approval.................................................................................................................
$1,590.00
ModificationRequest.............................................................................................................................$970.00
Minor Change to Approved Plat.............................................................................................................
$275.00
Major Change to Approved Plat.....................................................................
Same as Original Application Fee
PRD Preliminary Approval...................................................................................................................$6,510.00
PRDFinal Approval..............................................................................................................................
$1,590.00
ADBDesign Review —Signs .................................................................................................................... $970.00
Staff Design Review if project exceeds SEPA threshold......................................................................... $970.00
Landscape Plan Inspection Fee...................................................................................................1% of Estimate
SEPAReview........................................................................................................................................... $740.00
SEPA Planned Action Compliance Review (Hwy 99)..............................................................................$275.00
EISReview..................................................................................................................................................... Cost
Outdoor Dining, Amateur Radio............................................................................................................. $275.00
Critical Areas Checklist Application........................................................................................................ $110.00
Critical Areas Checklist Update................................................................................................................ $55.00
Critical Areas Variance / Reasonable Use Application ............................... Hearing Examiner Cost + $7,640.00
Critical Areas Study Admin.............................................................................................. $110.00/hr (min. 1 hr)
Critical Areas Contingent Review (See ECDC 23.40.195 for more detail on fees) ................................ $970.00
Shoreline Contingent Review (See ECDC 24.80.100).............................................................................$970.00
Planning Fee not categorized............................................................................................................ $110.00/hr
Request for Reconsideration.................................................................................................................. $275.00
Note: When an application is heard by the Hearing Examiner (HE), the cost of the hearing is billed to the applicant.
APPEALS:
Appeal of Staff Decision (Type I, II or Hearing Examiner)...................................................................... $450.00
Appeal of Type IIIB Decision to City Council.......................................................................................... $550.00
Appeal of Notice of Civil Violation.......................................................................................................... $970.00
ADB = Architectural Design Board
HE = Hearing Examiner
SEPA = State Environmental Policy Act
EIS = Environmental Impact Statement
PRD = Planned Residential Development
0
r
E
E
a
c
0
N
r
E
L
W
d
c
a�
w
U
W
a
Packet Pg. 75 1
I 2.2.c I
ENGINEERING FEES
MISCELLANEOUS FEES:
Backflow Prevention Compliance Fee ..........................................
Developers Agreements...............................................................
Fire/ Aid Sign Address Fabrication Fee .........................................
Street Sign Fabrication Fee...........................................................
Water and Sewer Availability Letters ............................................
Latecomers Agreement.................................................................
LID Sewer Agreement...................................................................
Variance from Underground Wiring ............................................
Special Event Permit Fee (small event / less than 100 people) ..
Special Event Permit Fee (major event / more than 100 people)
GENERAL FACILITY CHARGES:
• Water GFC's are based on meter size:
....... $165.00
....... $220.00 + $110.00/hr + City Attorney Fees
$100.00/ea
$200.00/ea
.... $65.00/ea
....... $220.00 + $110.00/hr + City Attorney Fees
....... $220.00 + $110.00/hr + City Attorney Fees
....... $330.00 + $110.00/hr + City Attorney Fees
............................................. $50.00/ea
............................................ $125.00/ea
Water and sewer GFC's shall be paid by each new customer connecting to the utility systems.
Storm GFC's shall be paid by the applicant for ESU's added or created by development.
Meter Size General Facility Charge
Y4„ $5,050.00
ill $12, 624.00
11/2 " $25,248.00
2" $40,397.00
GFC's for Single Family Residences only: Fee is based on meter size required for domestic demand (typically %")
GFC shall not be based on meter upsizing for fire sprinkler system only.
• Sewer Utility GFC........................................................... $4,417.00 per ERU
A single family residential development = 1.0 ERU per dwelling unit
A multifamily residential development = .67 ERU per dwelling unit
Applicants for non-residential development shall pay a GFC equal to the ERU determination that is made by
the Public Works Director.
• Stormwater Management GFC........................................ $799.00 per ESU
A single family residential development with up to 5,000 sf hard surface area = 1.0 ESU
All other construction calculated according to a ratio of 1.0 ESU per 3,000 sq ft of new, replaced or new
plus replaced impervious surface area.
Packet Pg. 76 1
I 2.2.c I
RIGHT-OF-WAY FEES:
Right -of -Way Construction Permit..................................$330.00 + Inspection Fees
Right -of Way Minor Construction Permit ......................$110.00 + Inspection Fees
Street Restoration for Water Meter Installation .........$1,000.00 + Street Overlay Cut Penalty Fee if applicable
(Excluding Private Development Projects)
Street Overlay Cut Penalty Fee......................................$220.00 + ROW Permit Fees
+ Add'I per SQYD charge times overlay cut multiplier
Encroachment Permit....................................................$330.00 + Recording Fees
Street Use Permit............................................................$110.00 + Bistro Dining Fees if applicable
Bistro Dining Fees..............................................................$30.00 Annual Fee + Monthly ROW Use Fee
@ $0.50/ SQ FT x 12.84% (leasehold tax)
Alley, Sidewalk, Parking Disruption/ Closure Fees .......... $220.00 + ROW Permit + Monthly Closure Fees
Closure fees charged for any activity that occupies or closes, sidewalks, parking spaces(s), parking lanes(s) or
other paved area of a street/road for more than 72 hours. Monthly portion of Fee [$ per month] = 1% of
assessed value per square foot of abutting property x right of way area [SF] disrupted/closed. If
disruption/closure affects any portion of the area of a parking space, the area of disruption closure is calculated
based upon the area of a full parking space.
SEWER FEES:
General
New Commercial & Multi-Family....................................$220.00 + Inspection Fees Facility
New Single Family...........................................................$110.00 + Inspection Fees Charges May
Apply
Repair - Full Line Replacement.......................................$110.00 + Inspection Fees
Repair - Partial Line Replacement...................................$110.00 (Includes 1 inspection
+Add'I Inspection Fees, if applicable)
Special Conditions (Grinder Pumps, Ejectors).................$110.00 + Sewer Fees + Utility Engineer Review
Drainage Permit (Pool, Hot Tub, Jacuzzi)..........................$55.00 Each Occurrence
STORMWATER FEES:
Stormwater Permit..........................................................$330.00 + General Inspection Fees
WATER METER FEES:
Meter Size
Meter Fee
Installation of New Service & Meter* 3/4"
$2,920.00
1"
$2,970.00
1%"
$6,220.00
2"
$6,390.00
*General Facility Charges may apply
GFC = General Facility Charge ESU = Equivalent Service Unit
ROW = Right of Way ERU = Equivalent Residential Unit
Packet Pg. 77 1
2.2.c
ICC VALUATION TABLE
O
August 2019
Adopted by City of Edmonds effective Jan 1, 2020
c
m
E
Q
roup (2018 International Building Code)
C
O
A-1 Assembly, theaters, with stage 246.61 238.50 232.82 223.18 209.86 203.80 216.12 191.69 184.50 r
E
A-1 Assembly, theaters, without stage
225.65
217.54
211.85
202.22
189.15
183.09
195.16
170.98
163.79
O
A-2 Assembly, nightclubs
191.96
186.56
182.12
174.70
164.94
160.39
168.64
149.29
144.33
d
C
A-2 Assembly, restaurants, bars,
190.96
185.56
180.12
173.70
162.94
159.39
167.64
147.29
143.33
>
banquet halls
W
A-3 Assembly, churches
226.69
218.58
212.89
203.26
191.60
185.54
196.20
173.43
166.24
.O
A-3 Assembly, general, community halls,
C.
190.63
182.52
175.84
167.20
153.09
148.07
160.14
134.97
128.78
libraries, museums
N
A-4 Assembly, arenas
224.65
216.54
209.85
201.22
187.15
182.09
194.16
168.98
162.79
N
d
B Business
197.81
190.62
184.70
175.70
160.65
154.63
168.95
141.15
134.99ILL
E Educational
207.77
200.59
194.83
186.43
173.71
164.91
180.01
151.89
147.25
r
E
O
a
F-1 Factory and industrial, moderate
hazard
117.60
112.19
105.97
101.84
91.54
87.26
97.61
75.29
70.95
C
F-2 Factory and industrial, low hazard
116.60
111.19
105.97
100.84
91.54
86.26
96.61
75.29
69.95
d
uJ
H-1 High Hazard, explosives
109.99
104.58
99.35
94.22
85.14
79.87
89.99
68.89
0.00
H234 High Hazard
109.99
104.58
99.35
94.22
85.14
79.87
89.99
68.89
63.56
4)
H-5 HPM
197.81
190.62
184.70
175.70
160.65
154.63
168.95
141.15
134.99
N
1-1 Institutional, supervised environment
197.83
191.05
185.12
177.91
163.28
158.81
178.06
146.98
142.33
3
1-2 Institutional, hospitals
330.92
323.73
317.81
308.81
292.72
0.00
302.06
273.22
0.00
t
0
N
1-2 Institutional, nursing homes
229.68
222.49
216.58
207.57
193.53
0.00
200.83
174.02
0.00
N
1-3 Institutional, restrained
224.86
217.67
211.75
202.75
188.96
181.94
196.00
169.45
161.29
N
IL
1-4 Institutional, day care facilities
197.83
191.05
185.12
177.91
163.28
158.81
178.06
146.98
142.33
d
M Mercantile
142.95
137.54
132.11
125.68
115.38
111.83
119.62
99.73
95.77
Q
O
0
R-1 Residential, hotels
199.70
192.92
186.99
179.78
164.90
160.43
179.93
148.60
143.96
�+
C
d
R-2 Residential, multiple family
167.27
160.49
154.56
147.35
133.71
129.23
147.50
117.40
112.76
E
R-3 Residential, one- and two-family
154.28
150.09
146.35
142.65
1 137.55
133.92
140.30
128.74
121.24
t
0
R-4 Residential, care/assisted living
Q
197.83
191.05
185.12
177.91
163.28
158.81
178.06
146.98
142.33
facilities
06
S-1 Storage, moderate hazard
108.99
103.58
97.35
93.22
83.14
78.87
88.99
66.89
62.56
C
O
S-2 Storage, low hazard
107.99
102.58
97.35
92.22
83.14
77.87
87.99
66.89
61.56
r
2
O
U Utility, miscellaneous
84.66
79.81
74.65
71.30
64.01
59.80
68.04
50.69
48.30
H
ILL
Square Foot Construction Costs a'b'`
C
a. Private Garages use Utility, miscellaneous f. Sunroom (unheated) = $28.00
b. For shell only buildings deduct20 percent g. Deck Ramp, Stairs, Trellis, Porch = $20.00 per sq. ft. d
E
c. N.P. = not permitted h. Dock = $35.00 per sq. ft. v
O
d. Unfinished basements (Group R-3) = $22.45 persq. ft. i. Unheated Storage = $25.00 per sq. ft. r
e. Carport = $25.00 per sq.ft. Q
Packet Pg. 78
I 2.2.c I
VALUATION BASED BUILDING PERMIT FEES
TABLE 1
Total Valuation**
Residential
Commercial
$1 to $500
$100 Base fee + $30
$100 Base fee + $36
$100 Base fee + $30 for the first $500 + $3 for
$100 Base fee + $36 for the first $500 + $3.60 for
$501 to $2,000
each additional $100, or fraction thereof to and
each additional $100, or fraction thereof to and
including $2,000
including $2,000
$100 Base fee + $75 for the first $2,001 + $14 for
$100 Base fee + $90 for the first $2,001 + $16.80
$2,001 to $25,000
each additional $1,000, or fraction thereof to and
for each additional $1,000, or fraction thereof to
including $25,000
and including $25,000
$25,001 to
$100 Base fee + $400 for the first $25,001 + $10
$100 Base fee + $480 for the first $25,001 + $12
$50,000
for each additional $1,000, or fraction thereof to
for each additional $1,000, or fraction thereof to
and including $50,000
and including $50,000
$50,001 to
$100 Base fee + $650 for the first $50,001 + $7
$100 Base fee + $780 for the first $50,001 + $8.40
$100,000
for each additional $1,000, or fraction thereof to
for each additional $1,000, or fraction thereof to
and including $100,000
and including $100,000
$100,001 to
$100 Base fee + $1,000 for the first $100,001 +
$100 Base fee + $1,200 for the first $100,001 +
$500,000
$6 for each additional $1,000, or fraction thereof
$7.20 for each additional $1,000, or fraction
to and including $500,000
thereof to and including $500,000
$500,001 to
$100 Base fee + $3,400 for the first $500,001 +
$100 Base fee + $4,080 for the first $500,001 + $6
$1,000,000
$5 for each additional $1,000, or fraction thereof
for each additional $1,000, or fraction thereof to
to and including $1,000,000
and including $1,000,000
$1,000,001 and
$100 Base fee + $5,900 for the first $1,000,000 +
$100 Base fee + $7,080 for the first $1,000,000 +
up
$4 for each additional $1,000, or fraction thereof
$4.80 for each additional $1,000, or fraction
thereof
The Building Valuation Data table shall be updated on January 1 st of each year to the latest version as published by ICC.
**See Valuation Table located on previous page.
TABLE 1 -VALUATION BASED APPLICABLE PERMITS:
Commercial Structures: New, Additions & Remodels Garages & Carports
Residential Structures: New, Additions & Remodels Swimming Pools (In -Ground)
Accessory Structures (Greenhouse/Shed) Cell Communications/ Cellular Facilities
Deck, Stairs, Ramps Other permits types as determined
Commercial: Hot/Tub and Spas, Solar/ Photovoltaic Systems, Re -roofs & Tenant Improvements
Plus: $6.50 Residential State Surcharge Fee per permit and $2 per each dwelling unit
$25.00 Commercial State Surcharge Fee per permit and $2 per each dwelling unit
Packet Pg. 79 1