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Ordinance 3902ORDINANCEAN OF r ,• r WASHINGTON, AMENDING THE PORTIONS OF CHAPTER 4.12 OF r • rS CITY CODE RELATED O PEDDLERS, • AND STREET VENDORS6, EXPRESSLYPERMITTING MOTORIZED MOBILE VENDORSWITHIN CERTAINO; THE CITY; ESTABLISHING • REVIEW' r MOBILE VENDORSWHEN THE NUMBER OF PERMITTED VENDORS r ♦HES FIFTEEN;. AMENDING PORTIONS CHAPTERS• • i 16.55, ♦ r 16.60 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE TO LIST MOTORIZED MOBILE VENDORS AS AN EXCEPTION TO OPERATING RESTRICTIONSWITHIN CERTAIN COMMERCIAL AND ESTABLISHING AN DATE;EFFECTIVE WHEREAS, motorized mobile vendors (food trucks) are a growing trend across the WHEREAS, the City of Edmonds has received a number of requests for operating WHEREAS, there is confusing and conflicting language within the Edmonds City Code ;ind Edmonds CommunityDevelopment C•f to whether motorized mobile vendors WHEREAS, after a public hearing on August 6. 2012, the City Council approved proposed amendments to the Edmonds City Code and Edmonds Community Development Code relating to motorized mobile vendors; NOW, THEREFORE, Section L Amendment to Peddlers, Solicitors, and Street Vendor Regulati6ns� Chapter 4�12 of the Edmonds City Code, entitled "Peddlers, Solicitors and Street Vendors," is hereby 0 RUMIT-Irt "m m WMMWI by this reference as if set forth in full (new text is shown in underline; deleted text is shown in Section 2. Amendment to Ca ter 16.43 ECDC BD — Downtown Business. Section 16.43.040 of the Edmonds Community Development Code, entitled "Operating Restrictions," is hereby amended to read as follows (new text is shown in underline; deleted text is shown in strike 16.43.040 Operating restrictions. A. Enclosed Building. All uses shall be carried on entirely within a completely enclosed building, except: 1. Public uses such as utilities and parks; 2. Off-street parking and loading areas, and commercial parking lots; 3. Drive-in businesses; 4. Plant nurseries; 5. Seasonal farmers' markets; 6. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC; 7. Bistro and outdoor dining meeting the criteria of ECDC 17.70.040; 8. Outdoor dining meeting the criteria of Chapter 17.75 ECDC. 9. Motorized and Nonniotorized Mobile- vending, units meetin the criteria of Cha ter 4.12 ECC. .Nuisances. All uses shall comply with Chapter 17.60 ECDC, Performance Standards. Section 3. Amendment to Chgpter 16,50 ECDC BC — Community Business. Section 160.030 of the Edmonds Community Development Code, entitled "Operating Restrictions," is hereby amended to read as follows (new text is shown in underline� deleted text is shown in 44ke-lhrattgh): 16.50.030 Operating restrictions. M A. Enclosed Building. All uses shall be carried on entirely within a completely enclosed building, except: 1. Public utilities and parks; 2. Off-street parking and loading areas, and commercial parking lots; 3. Drive-in businesses; 4. Plant nurseries; 5. Seasonal farmers' markets; 6. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC. 7. Motorized and Nont-notorized Mobile vending -,units rhecting the criteria of Chgpte 4.12 ECC. B. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Performance Standards, Section 4, Amendment to Chaoter 16.55 ECDC CW — Commercial Waterfront, Section 16.55.030 of the Edmonds Community Development Code, entitled "Operating Restrictions," is hereby amended to read as follows (new text is shown in underline; deleted text is shown in strike IR-1-H-0-1- 51* 16.55.030 Operating restrictions. A. Enclosed Building. All uses shall be carried on entirely within a completely enclosed building except for: 1. Petroleum products storage and distribution; 2. Sales, storage, repair and limited building of boats; 3. Public parks; 4. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC. 5. Motorized and Nonmotorized Mobile vendina units meeting- the criteria of Chapter 4.12 ECC. B. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Performance Standards. 0 Section 5. Amendment to ChaDter 16M ECDC CG — General CooM hereby amended to read as follows (new text is shown in underline, deleted text is shown in RFIK�e tIffe-Ugh building, except the following: 1. Public utilities; 2. Off-street parking and loading areas; 3. Drive-in business; 4, Secondary uses permitted under ECDC 16.60.01 O(B); 5. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC; 6. Community -oriented open air markets or seasonal farmers markets; 7. Outdoor dining meeting the criteria of Chapter 17.75 ECDC. 8, Motorized and Nonmotorized Mobile vendinu units rneeting the criteria of Chapter If any section, subsection, clause, sentence, or phrase of thi ordinance should be held invalid or unconstitutional, such decision shall not affect the validity ol the remaining portions of this ordinance, Section-7. Effective D. 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 M e"j- MAYOR VII 0. EARLING T `E T/ U °IIEIST` D, I i Y CLERK, SANDRA S. CHASE APPROVED a TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WITH THE CITY CLERK. 11-30-2012 PASSED BYTHE ITCOUNCIL: : I-04-2012 PUBLISHED: 12-09-2012 EFFECTIVE DATE: 12-14-2012 ORDINANCE NO. 3902 On the 4 th day of December, 2012, the City Council of the City ol Edmonds, passed Ordinance No. 3902. A summary of the content of said ordinance consisting of the title, provides as follows: I 4840-7251-8158, v. I AN ORDINANCE OF THE CITY OF EDMOND WASHINGTON, AMENDING THE PORTIONS 0 CHAPTER 4.12 OF THE EDMONDS CITY COD RELATED TO PEDDLERS, SOLICITORS AN STREET VENDORS; EXPRESSLY PERMITTIN MOTORIZED MOBILE VENDORS WITHIN CERTA AREAS OF THE CITY; ESTABLISHING A REVIEW 0 MOTORIZED MOBILE VENDORS WHEN TH NUMBER OF PERMITTED MOBILE VENDOR REACHES FIFTEEN; AMENDING PORTIONS 0 CHAPTERS 16.43, 16.50, 16.55, AND 161160 OF TH EDMONDS COMMUNITY DEVEL•PM T T LIST MOTORIZED MOBILE VENDORS AS EXCEPTION TO OPERATING RESTRICTION WITHIN CERTAIN COMMERCIAL ZONES; AN ESTABLISHING AN EFFECTIVE DATE. 0 4 CITY CLERK, SANDS. CHASE PFP mumuff rrm trade,A. "Solicitor" or "peddler" means any person who shall sell, offer for or expose for sale, or who shall deal or . goods or - -s the city by going from• - to house or from place to place oby •iscriminately 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 • solicits trade from wholesaleor retail dealers stands1 Any person who, while selling or offering for sale any goods, services Or anything of value, . doorway,any unenclosed vacant lot,parcel of i' or f er r ace note F` 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 nomotorized mobile vending unit. -.+'n win C. "Motorized mobile vetidin * unit" means a trLick. van or other motorized vehicle teat- D "Noninotorized Mmobile vending unit" means« or other device capable of being pushed by one person, « functional wheels and r•sitive wheel -locking devices. [Ord. 11' i • 2536 § 11985;Ord. 830 . 1, 1960] 4.12.020 License required. A. It shall be unlawful forperson to act as solicitor, peddler or •• meaning and application of this chapter unless that person or his/her employer shall have first secured a license in the manner provided in this chapter. 1. Any person who shall sell, deliver or peddle dairy product, poultry, mollusk, or shellfish must first obtain a license pursuant to this chapter. 2. No licenses shall be issued or -f for the sale of poultry or poultry products or -.' meat products which are adulterated or distributed under unsanitary conditions. 3. No licenses shall be -f for the sale of t'• produce . of compliance as required by RCW 69.30.020i B. All persons acting as a solicitor,peddler or ••comply with all laws, ordinances and regulations,• • all Snohomish• •-r.rtment rer [Ord, 114i • 2990 i•. i • 2536 • Ord. 830 . 2, 1960]. III Roolicitaim ve-44,lers *r street vendors Must ren*t-anv-�z-Aes-rnriie within the C 4.12.030 License fees. 1. Newspaper carriers; 2. Charitable, religious or nonprofit organizations or corporations which have received tax exempt status under 26 USC Section 501(c)(3) or other similar civic,, charitable or nonprofit organizations; 3. Peddlers of fruits, vegetables, berries, eggs or any farm produce edibles raised, gathered, produced or manufactured by such person, 4. _A -person who, after having been specifically requested by another to do so, calls upon that other person for the purpose of displaying goods, literature or giving information about any article,thing, product or service; 5 Notwithstanding the exemptions provided herein, all exempt persons must provide proof of their exempt status along with photo identification upon request by prospective customer or law enforcement officer; . 4 9:4i • 1619 • 1, 1972;Ord830 •iii A. Any person, firm or other organization desiring to secure a solicitor's, peddler's or street vendor'sapply • • to the city clerk, on formsprovided by applicantand such application shall set forth as to each solicitor, peddler or street vendor as the principa • • 1. The name, address and telephone number of the principal applicant, firm or other organization; 2. In the event the name or address of the applicant has changed within the last two years, each name and address over the last two-year period preceding the most recent; 3. The nature or character of the goods, wares, merchandise or services to be offered by each principal applicant 4. A list of the persons originally contemplating solicitation, peddling or street vending within the city of Edmonds, and the information required in subsection B of this section as to each; 5. The name, address and telephone number (business and home) of the individual acting as manager of the principal applicant; 6. Written approval for the vending site from the abutting property owner and/or tenant in accordance with ECC 4.12.055(L), and 7. Such other information as reasonably required by city officials. B. For each person soliciting, peddling or street vending within the city of Edmonds pursuant to a principal applicant and license as required herein, whether acting as an employee, independent contractor, or otherwise, the following information shall be provided to the city clerk on forms provided by the city and shall set forth as to each such person the following: 1. His or her name, address and home telephone number; 2. The name, address and telephone number of the person, firm or other organization holding the principal license; 3. His or her age and general personal description as required by the city; 4. Any and all facts relating to any conviction of crimes as such information may required by the city in the application form; and 5. Such other information as reasonably required by city officials. C. The city clerk shall refer the application to the chief of police, who shall make a criminal history background investigation of the applicant. Upon completion, the chief of police shall forward the results of the investigation to the city clerk. D. If, as a result of the investigation, the applicant is not found to have committed any of the acts requiring' denial as listed below, the city clerk shall, upon payment of the prescribed fee, issue the license to the applicant. The city clerk shall deny the applicant the license if the applicant has: 1 11 111 J III 111 111111 11 11 11 1 11 111 1 111 2. Committed any act which, if committed by a licensee, would be grounds for suspension or revocation of a license; 3. Within the previous 10 years, been convicted of a misdemeanor or felony directly relatin to 9 his or her fitness to engage in the occupation of peddler, solicitor or street vendor and including, but not limited to, those misdemeanors and felonies involving moral turpitude, fraud or misrepresentation-, 4. Been charged with a misdemeanor or felony of the type defined in subsection (D)(3) of this section, and disposition of that charge is still pending; 5. Been refused a license under the provisions of this chapter., provided, however, that any applicant denied a license under the provisions of this chapter may reapply if and when the reasons for denial no longer exist; and 1 11 J i 1 111 E Every peddler shall be required to carry the peddler's license and display it along with photo identification upon request by a prospective customer or law enforcement officer. I im—ftudywiderk is authorized toTromulgate rules regarding the manner and method D_fjt;A-jme_rt, including a prohibition or regulation of payment by check, and the form of the application, [Ord. 3513 § 3, 2004; Ord. 2990 § 3, 1994; Ord. 2536 § 1, 1985; Ord. 1619 § 21972; Ord. 830 § 4, 1960]. 4.12.050 Investigation of applicants. It shall be the duty of the chief of police to investigate each applicant made under ECC 4.12.040, in which investigation the chief of police shall determine: A. The genuineness of all credentials presented by the applicant and/or the individual solicitor, peddler or street vendor and the reliability of the product or services; B. If the applicant and/or its solicitor, peddler or street vendor has a criminal record; C. The truth of the facts set forth in the application; and D. If the applicant or solicitor, peddler or street vendor proposes to engage in a lawful and legitimate commercial or professional enterprise. Such investigation must be completed within a reasonable time. [Ord. 2536 § 1, 1985; Ord. 830 § 5, 1960]. i'lly person-s� .1 _101 a SUCCA, felltltr RU-01 comply with the following requirements' A. Mobile vending,utiita bo alio io o ate°ibit� tlo ioiiit or��xrsiaiia�c' arose ineltiditig unzoned` r() eijt or right-of-way adjacent to or abutting commercially zoned areas:: •• -- rHum - t C All ..vertising shall be placed on • • ••ile vending unit and will not be allowed on or •ewalk. Maximum sign area allowed shall be 10 square • • • a -•17MM• -3. in no event shall any nonmotorized mobile vending unit exceed 10 feet in length. [Ord, 3 513 The chief of police shall determine,- from his investigation,the facts set forth in the application are true, that the purpose of applicant and its solicitors, peddlers or - •• to engage in a lawful and legitimate commercialor professional enterprise. Having determined these facts, he shall then approve the application an• the city clerk the license applied for. Such license shall expire on the 3 1 st day of December of the year in which such license has been issued. Except as hereinafter provided, no license shall be issued until the conclusion of the aforesaid investigation, [Ord. 2536 § 1, 1985; Ord. 830 § 6, 1960]i 06r; peddling restrictions. restrictions -All licenses issued pursuant to this chapter shall be subject to the following time and location FourthA. of f • purpose o• • and traffic controlon • of • • 1 i • • - mile of - official fireworksdisplay place only - confines of - i viewing area as designated by of polic on 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 b contacted by peddlers. r • •' 11 i • . f i1� i f ••1 � .; ff.; • • i rT - t r - i 1 � � •i •r 160 RE r -r r • • f'fr - • f• f - i be requested to •• so by any police officer or person • f • 2536 . 1, 1985;i f i '•1 Such license may be revoked by the city of Edmonds for the violation by either the employer or the solicitor, peddler or • •: of of ordinances of of f • f of Edmonds may ali revoke . license forf• f'r the following conditions A. Failure to comply with the terms of this chapter; B. Misrepresentation of facts in the licensee's application for the necessary permits; C. Failure to comply with the terms of a valid street use permit; D. Creation of a hazard to the public health or safety; or E. As otherwise provided herein. [Ord. 2536 §'1, 1985; Ord. 830 § 8, 1960]. i wolves, i i i The undersigned; being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett; County of Snohomish; and State of Washington; that said newspaper is a newspaper of general Circulation its said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice Summary of Ordinance No. 3902 a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: December 09, 2012 and that said newspaper was regularly distributed to its subscribers during all of said period. r � � Subscribed and sworn to before me this day of December, 2012 loth Notary Public in and for the State of aaalaitlgton, residing at Everett, Snohoroish County, Account Named City of Edmonds Account Number. 101416 Order Number 0001803764