Ordinance 26710006.08016
WSS/prd
04/20/88
ORDINANCE NO. 2(,%1
AN ORDINANCE OF TH-: CITY OF EDMONDS, WASHINGTC
AMFNDING THE PROVISIONS OF CHAPTER 4.32 OF 'I
EDMONDS CITY CODE RELATING TO PUBLIC AMUSEME
LICENSING IN ORDER TO PROVIDE FOR THE INSPECT]
OF PREMTSES USED FOR PUBLIC ..%SSEMBLY BY THE FIRE
DEPARTMENT AND TO PROVIDE THAT NUN -PROFIT
ORGANIZATIONS SHAIL BE EXEMPT FROM THE PAYMENT OF
FEES BUT SHALL REMAIN SUBJECT TO APPLICATION AND
INSPECTION REQUIREMENTS AND SETTING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Edmonds,
Washington, finds that certain non-profit organizations conduct
activities which provide the citizens of Edmonds cultural and
educational benefits, and the Council deems it appropriate to
exempt such activities from the license fee of Chapter 4.32;
WHEREAS, the Council also finds that one purpose A
Chapter 4.32 is the inspection of premises utilized for public
assembly to determine that they meet all safety criteria of the
Fire Code and Building Code for places of public assembly;
WHEREAS, the Council finds that all public amusement
activities should meet said criteria with the exception of the
activities of local educational institutions, when such
activities are conducted on school premises in previously
inspected and approved facilities; now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 1. Edmonds City Code, Chapter 4.32 is hereby
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amended to read as follows:
Public Amusements
4.32.010 DEFINITIONS
A. "Person" shall mean any individual, firm,
corporation, partnership or unincorporated
association.
B. "Police Chief" and "Fire Chief" shall include
his/her designee.
C. "Public amusement" means circuses, carnivals,
motion picture shows, exhibitions, concerts, side
shows, vaudeville, amusement parks and any other
form of diversion, pasttime o. recreation conducted
for and open to the public regardless of whether an
admission fee or other charge is made for
attendance. Provided, however, that nothing herein
shall require the licensing and inspection of an
activity conducted under the auspices of a bona
fide, accredited grade school, middle school, high
school or college and conducted on the premises
thereof in facilities previously ii,spect-ed and
approved for public assembly.
4.32.020 LICENSE REQUIRED - EXCEPTIONS
A. No person shall conduct any public amusement within
the city of Edmonds until he has first obtained a
license therefor and has paid all fees required by
this chapter.
B. No fee shall be required for the application of a
non-profit, charitable or religious community
organization.
4.32.030 PROCEDURE
A. Persons required to obtain licenses shall make
application to the city clerk on forms provided
therefor.
B. The application shall contain the following
infDrmation:
1. The name, address and telephone number of
the person requesting the license, and if
other than a natural person, the names of all
officers and/or partners.
2. The type of public amusement, duration, and
hours of operation, and location. A sketch
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showing the location, size and arrangement of
facilities shall be included with the
application.
3. The number of employees and the number of
expected customers.
4. Such other information as required by the city
clerk in order to carry out the intent of this
chapter (such as insurance), as may be
required.
C. Upon receipt of the license fee as provided for in
this chapter, the city clerk shall forward the
completed application to the police chief and fire
chief for their investigation and review.
4.32.040 POLICE/FIRE INVESTIGATION - APPROVAL
A. Upon receipt of the application, the police chief
shall investigate the applicant to determine the
level of service required to assure public safety,
and the financial and criminal background of the
applicant, if any. The fire chief will investigate
the proposed premises to insure that fire and life
safety requirements are being met. Upon completion
of the investigation, the police/fire chief shall
either approve the license application, disapprove
the license application, or approve the application
with conditions. Their decision shall be forwarded
to the city clerk.
B. The police/fire chief may require the applicant as
a condition of approval to:
1. Restrict the days and/or hours of operation.
2. Conduct the public amusement at a location
other than as set forth on the application.
3. Limit the number of persons at any one time on
the premises.
4. Comply with such other conditions as are
reasonably necessary for protection of public
safety and property. [Ord. 2175 S1, 19801.
4.32.050 IS-aUANCE OF LICENSE
Upon receipt of the police chief's decision to approve
the application, the city clerk shall issue the license
which shall contain the following:
A. The name of the person to whom the license is
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issued.
B. The date, time and place of operation or
operations.
C. The type of public amusement_.
:1. All conditions imposed by the police/fire chief.
E. The date the license expires.
4.32.060 LICENSE FEES/TERM
The license shall be for a term not to exceed one
year. Fees for the public amusement license small be
3s tollows:
A. Motion picture thearers, $30 per year.
B. Circuses and/or carnivals, exclusive of sideshows,
$50 per day.
C. Sideshows, conducted with or without a circus, $50
per day.
D. P11 other public amusements, $30 per day or $240
per year, whichever is lesser.
4.32.070 REVOCATION OF LICENSES
P.iblic amusement licenses may be revoked by the city
clerk for any of the followina reasons:
A. Violation of any of the provisions of this chapter
by the license holder, his agents or employees.
P. The applicant has made any talse or misleading
statement or a misrepresentation of fact in
connection with the license, or there has been a
change of circumstances since the issuance of a
license, such as anticipated crowd size, lapse or
cancellation of required insurance, etc.
4.32.080 NOTICE OF REVOCATION - APPEAL
A The city clerk shall send the licensee notice of
the revocation by mail. Notices mailed to the
address on the application form shall be deeme..
received three days after posting.
B. the notice shall state the reasons for the
revocation and that the revocation will become
final within 10 days of the date of the notice
unless a written n(-tice of appeal is filed with the
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city council within the 10 day period.
C. If a written notice of appeal is filed within the F
10 day period, the city council shall set a dace
for hearing and send the licensee notice of the
date and time. If no written notice of appear is
filed, the license shall be deemed revoked as set
forth in the notice to the licensee.
D. License fees shall not be refunded in whole or in
pact in the event of revocation or suspension of
the license.
4.32.090 EMERGENCY SUSPENSION OF LICENSE
In the event the police chief or lire chief determines
that there is an immediate threat to public safety, or
to property, he may suspend the license without prior
notice and order the immediate termination of the
licensed activity or activities. Such suspension shall
last until the police chief may determine that the
threat to public safety, or to property, has abated, or
until the licensee may bring the matter before the city
council by delivering to the city clerk the written
grievance of the licensee as to why the suspension
should be terminated and the license reinstated. The
city clerk upon receipt of such writing shall bring the
matter on for hearing at the next regular meeting of
the city council, or special meeting of the city
council called for ghat purpose, if any.
4.32.100 ACCEPTANCE OF CHAPTER TERMS
By applying for and receiving a license under the
provisions of this chapter the licensee agrees to all
the terms of said chapter, the Edmonds city co%ie and
community development code, including but not limited
to the terms and procedures or revocation and/or
suspension should the same be exercised as herein
provided. All decisions of the city council shall be
final.
4.32.110 PENALTIES
Any person violating the provisions of this chapter or
any person who conducts a public amusement in violation
of any of the terms and cclditions specified on the
license shall be guilty of a misdemeanor and upon
conviction thereof shall be punished as set forth ii.
Section 5.50.020 of the Edmonds City Code.
4.32.200 SEVERABILITY
If any word, phrase or section of this chapter is held
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invalid or unconstitutional for any reason by a court
of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the remaining
portions of this chapter.
Section 2. 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 the attached summary which is hereby
approved.
APPROVE :
*"OR
R NAU h
ATTEST/AUTHENTICATED:
XITY CLERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
By:
t'ILED WITH THE CITY CLERK: April 21, 1988
PASSED BY THE CITY COUNCIL: May 10, 1988
PUBLISHED: May 17, 1988
EFFECTIVE DATE: May 22, 1988
ORDINANCE NO. 2671
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