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Title 5
BUSINESS LICENSES AND REGULATIONSChapters:
5.02 General Business License Provisions
5.03 Community Impact Statements
5.04 Home Occupations
5.08 Carnivals, Circuses and Shows
5.24 Dances
5.28 Adult-Oriented Business
5.44 Cabarets
5.52 Private Detectives and Private Security Guards
5.56 Pawnbrokers
5.60 Solicitors and Mobile Vendors
5.64 Amusement Devices
5.68 Gambling
5.72 Taxicabs
5.76 Tow Truck Operators
Chapter 5.02
GENERAL BUSINESS LICENSE PROVISIONSSections:
5.02.010 Definitions.
5.02.020 Compliance required.
5.02.030 Applicability/application.
5.02.040 Transferability.
5.02.050 City license officer.
5.02.060 Fees.
5.02.070 Suspension, revocation or denial of license.
5.02.075 Central computerized enforcement service system.
5.02.080 Violation – Penalty.
5.02.010 Definitions.
For the purpose of this title, the following terms, phrases, words and their derivations shall have the meaning given in this section. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.
A. “Business” includes all kinds of vocations, occupations, professions, enterprises, establishments and all other kinds of activities and matters, conducted for profit or benefit, either directly or indirectly, from any premises in the city or anywhere else within its jurisdiction. Each business location shall be deemed a separate business. This definition shall include hotels, motels, mobile home parks, and living units designed, rented, built, leased, let or hired out to be occupied or which are occupied as the home or residence of three or more families living independently of each other.
B. “City” is the city of Enumclaw, Washington.
C. “City council” is the city council of the city of Enumclaw, Washington.
D. “City license officer” is the city clerk of the city of Enumclaw, Washington.
E. “Day” means one full day and not two half days nor any fractional part of one day.
F. “Employee” means all full-time and permanent part-time employees and includes the owner or owners of the business if they work on the premises.
G. “General business license” means a license issued under this chapter (General Provisions).
H. “License” or “licensee,” as used generally in this title, includes, respectively, the words “permit,” or “permittee,” or the “holder” for any use or period of time or any similar privilege, wherever relevant to any provision of this title or other law or ordinance.
I. “Nonprofit group” includes individual person(s), partnerships, joint ventures, societies, associations, clubs, trustees, trusts or corporations; or any officers, agents, employees, factors or any kind of personal representatives of any thereof, in any capacity, acting either for himself or any other person under either personal appointment or pursuant to law who qualifies under definition of and certification by the Internal Revenue Service as nonprofit.
J. “Person” includes individual natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts or corporations; or any officers, agents, employees, factors or any kind of personal representatives of any thereof, in any capacity, acting either for himself or any other person, under either personal appointment or pursuant to law.
K. “Premises” includes all lands, structures and places, and also any personal property which is either affixed to, or is otherwise used in connection with any such business conducted on such premises.
L. “Special license” means any license required by this title in any chapter other than this chapter (General Provisions).
M. “Surety bond” means a surety company bond with the licensee as principal and some surety company authorized to do business in the state as surety. Such bond must be approved by the city attorney, as to form, and by the mayor and clerk as to sufficiency of the surety.
N. “Year” means the period from July 1st through June 30th. (Ord. 1798 § 3, 1993).
5.02.020 Compliance required.
A. It is unlawful for any person, either directly or indirectly, to conduct any business for which a license or permit is required by any law or ordinance of the city, without a license or permit therefor being first procured and kept in effect at all such times as required by this title or other law or ordinance of the city.
B. All licenses issued pursuant to the provisions of this title shall be posted in a prominent location at the premises where the licensed business, profession, trade or occupation is carried out or on the person of anyone issued a solicitor’s or mobile vendor’s license. (Ord. 1798 § 3, 1993).
5.02.030 Applicability/application.
A. Every person, firm or corporation engaged in any business, profession, trade, occupation or other principal place of business or headquarters thereof located within the corporate limits of the city shall be licensed by the city under provisions of this title. Each branch establishment, warehouse, distributing plant or separate location shall be licensed separately and individually.
B. Every person, firm or corporation engaged in any temporary business, profession, trade or occupation where the principal place of business or headquarters thereof is not located within the corporate limits of the city shall not be licensed by the city except as specifically provided under the provisions of this title.
C. Persons or organizations doing business within the city limits of the city and required to be licensed by the state of Washington (whether or not they are required by this title to be licensed by the city) shall carry the state license on his or her person at all times when doing business within the city, and shall exhibit such state license whenever he or she is requested to do so by any police officer or any person who asks to see the same. Holders of state licenses shall be required to provide copies of state licenses to the city license officer upon request.
D. A person engaged in two or more businesses at the same location shall not be required to obtain separate licenses for conducting each of such businesses but, when eligible, shall be issued one license which shall specify on its face all such businesses, except that where a special license is required by another chapter of this title, that license shall also be required.
E. Every person required to procure a license under the provisions of any ordinance or law of the city shall submit an application for such license to the city license officer. The application shall be a written statement upon a form provided by the city license officer. (Ord. 1798 § 3, 1993).
5.02.040 Transferability.
A. Licenses shall be issued to business owners, unless otherwise specifically provided, and no license issued shall be transferable to subsequent owners of the business.
B. Neither shall the transfer of a business license to another location within the city must be permitted without prior notification to the city license officer. Changes of location of a business within the city must be reported immediately to the city license officer. Failure to do so may result in revocation of the license.
C. When a licensed business terminates its operation within the city for any reason, the license shall be surrendered to the city license officer.
D. No license issued by the city license officer shall be duplicated except as provided in EMC 5.02.060(D) (except that the city license officer may hold duplicate copies on file). (Ord. 1798 § 3, 1993).
5.02.050 City license officer.
A. The city license officer shall collect all license fees and issue licenses in the name of the city to all persons qualified under the provisions of this chapter and shall:
1. Adopt all forms and prescribe the information required to implement this title;
2. Submit all applications as appropriate to interested city officials for their endorsements thereon as to compliance by the applicant with all city regulations which they have the duty of enforcing;
3. Any notice required by this title to be mailed to any licensee or applicant shall be sent by ordinary mail, addressed to the address of the licensee or applicant as shown by the records of the city license officer, or if no such address is shown, to such address as the city license officer is able to ascertain by reasonable effort. Failure of the licensee or applicant to receive such mailed notice shall not release the licensee or applicant from any fee or penalties thereon, nor shall such failure serve to extend any time limit set by the provisions of this title. Notice to the city license officer may be made to: City of Enumclaw, 1339 Griffin Avenue, Enumclaw, WA 98022. (Ord. 1798 § 3, 1993).
5.02.060 Fees.
A. The application for license shall be accompanied by the full amount of the fee chargeable for such license.
B. Whenever a license cannot be issued at the time the application for the same is made, the city license officer shall issue a receipt to the applicant for the money paid, subject to the following conditions: such receipt shall not be construed as the approval of the city license officer for the issuance of a license; nor shall it entitle or authorize the applicant to open or maintain business contrary to the provisions of this chapter.
C. License fees levied in this title shall be additional to any other ordinance of the city except as herein otherwise expressly provided, and shall be as contained in the fee resolution adopted by the city council, as it now reads or is hereinafter amended.
D. A duplicate license or a special permit shall be issued by the license officer to replace any license previously issued, which has been lost, stolen, defaced or destroyed, without any willful conduct on the part of the licensee, upon the filing by the licensee of an affidavit attesting to such fact and the paying to the license officer of the fee as designated in the city’s fee resolution as it now reads or is hereinafter amended.
E. Businesses making application to the city for a license in the months of July, August, September, October, November and December shall be charged the annual license fee. Businesses making application to the city for a license in the months of January, February, March, April, May and June shall be charged one-half the annual fee, except there shall be no prorating of special license fees.
F. All annual licenses shall be renewable on the first day of July of each year. The city license officer shall send notice of renewal to each license holder by the first day of June of each year. The fee for renewal of a general business license is as designated in the city’s fee resolution as it now reads or is hereinafter amended. The fee for renewal of any special license is the same as the annual, daily or “per event/dance” fee for that license.
G. There shall be no refund of license fees.
H. In the event that any licensee fails to renew its license by August 1st, the license shall be considered delinquent. A penalty, as designated by the city’s fee resolution as it now reads or is hereinafter amended, and which shall not be prorated, shall be assessed on any delinquent license renewal which has not been paid on or before August 1st of any year. Licenses not renewed by November 1st of any year shall be considered nonrenewable and new application must be made.
I. This section grants an exemption from paying a fee for any licenses required under the provisions of this title to bona fide nonprofit, charitable, religious or philanthropic persons or organizations.
1. Any person or organization claiming the exemptions of this section shall file with the city license officer an affidavit setting forth facts sufficient to show the application of this section and the right to such exemption, including filing a copy of the Federal Internal Revenue Service form granting nonprofit status.
2. Any person or organization claiming exemptions of this section is not exempt from this title, but is exempt only from paying the fees. (Ord. 1798 § 3, 1993).
5.02.070 Suspension, revocation or denial of license.
A. The city license officer, with the approval of the mayor or the city administrator, shall have the right to revoke, suspend or deny any license or license application at any time on the following grounds:
1. That the license was procured by fraud or false representation of facts or that the application was fraudulent or included false representation of facts;
2. That the applicant or licensee or any of his servants, agents or employees while acting within the scope of their employment has violated or failed to comply with any of the provisions of the license code;
3. That the applicant or licensee or any of his servants, agents or employees has been convicted of either a felony or misdemeanor involving moral turpitude, or involving fraud or an attempt to defraud while acting within the scope of their employment;
4. That the fire marshal and/or building official has determined that the premises in which the business operates or intends to operate endangers the safety of the public;
5. That the police chief has determined that the operation or continued operation of the business will be detrimental to the public peace, morals and safety.
B. Conviction of a violation of any provision of this title shall be prima facie evidence to warrant revocation or suspension of the license.
C. The license officer shall, upon disapproval of any application or upon suspension or revocation of any license, notify the applicant/licensee in writing.
D. Within 10 days after revocation or suspension of any license issued and suspended or any application denied pursuant to this title, the licensee so revoked or suspended or applicant so denied may file an appeal with the city council. Upon receipt of such notice, the licensee shall be afforded a hearing before the city council after reasonable notice has been given. The appeal shall be in writing and addressed to the city council, attention: city clerk. Notice of such appeal shall be given by delivering a copy of the notice to the holder of the license or the applicant by mailing a copy thereof to the holder or applicant at his last address as shown by the city license officer’s license records, which notice shall be mailed or delivered at least five days before the date fixed for the hearing. The city council shall, within 30 days after the conclusion of such hearings, issue a written decision as to the revocation, suspension or denial of such license or its retention or such application or its approval. Such decision of the city council shall be final; if the city council decides that the license shall be revoked, the revocation shall be effective as of the date of city council’s decision unless otherwise ordered by a court of competent jurisdiction. Proceedings to review such matters must be instituted within 15 days of final action of the city council.
E. It is unlawful for any person whose license has been revoked or suspended, to keep the license issued to him in his possession or under his control, and the same shall immediately be surrendered to the city license officer. When revoked, the license shall be canceled, and when suspended the city license officer shall retain the same during the period of suspension. (Ord. 1798 § 3, 1993).
5.02.075 Central computerized enforcement service system.
A central computerized enforcement service system (ACCESS) may be utilized for noncriminal justice purposes, specifically background checks for business licenses. (Ord. 2179 § 1, 2003).
5.02.080 Violation – Penalty.
Any person willfully violating or failing to comply with any of the provisions of this title or any lawful rule or regulations adopted by the council pursuant hereto, is guilty of a misdemeanor and upon conviction thereof, shall be punished as provided in Chapter 1.08 EMC. In addition, the person’s business license shall be revoked without right to refund. (Ord. 1798 § 3, 1993).
Chapter 5.03
COMMUNITY IMPACT STATEMENTS1Sections:
5.03.010 Study and review.
5.03.020 License denial when.
5.03.030 Contents.
5.03.040 Issuance procedures.
5.03.050 Retroactivity.
5.03.010 Study and review.
The city of Enumclaw shall require a study and review of the probable impact on the community of any proposed business activity oriented towards serving or attracting a special population of customers, and not oriented towards activities reasonably related to the health, education and welfare of the family. (Ord. 1364 § 1, 1982).
5.03.020 License denial when.
No business license or renewal of business license shall be issued to any business which is determined by the city clerk to be oriented towards serving or attracting a special population of customers, and not oriented towards activities reasonably related to the health, education and welfare of the family, until such proposed business has first prepared and submitted to the city clerk a community impact statement, as described in EMC 5.03.030; provided, that the following businesses shall be exempt from this requirements:
A. Businesses regulated and/or licensed by special legislation of the state or federal government, which legislation:
1. Gives the city the right to comment on and object to the issuance of the state or federal license; and
2. Authorizes the state or federal agency to control the location of the business.
B. Businesses which the city clerk determines would have an insignificant adverse impact on the community, and which are not significantly inconsistent with the purposes of this chapter, as stated in the preamble of the ordinance codified in this chapter. (Ord. 1364 § 2, 1982).
5.03.030 Contents.
A community impact statement shall contain, at a minimum, the following elements:
A. Detailed description of proposed business; names and addresses of all owners thereof; proposed location; description of building and facilities; description of merchandise or services to be sold; proposed hours of operation; profile of expected customers’ projected market area; references to other similar business operations.
B. Analysis of existing business community within 300 feet of proposed location, including the following factors, at a minimum:
1. Type of businesses;
2. Profile of customers;
3. Market area;
4. Economic growth/deterioration;
5. Property values;
6. Proximity of residential neighborhoods;
7. Proximity of schools, churches and public facilities.
C. Impact of proposed business upon the factors described in subsection B of this section.
D. Impact of proposed business upon the social environment of the Enumclaw community.
E. Alternative locations for the proposed business; and/or alternative business for the proposed location. (Ord. 1364 § 3, 1982).
5.03.040 Issuance procedures.
A completed community impact statement shall be filed by the applicant with the city clerk. Copies of the same shall be distributed by the clerk to all councilmembers, all city facilities, secretary of the Enumclaw school district, secretary of the Enumclaw Chamber of Commerce, and to any other parties requesting the same. The city clerk may assess a charge for the cost of copying any statements issued to private parties. Within 30 days of the date the statement is filed with the clerk, the city shall either grant the business license, or shall call a hearing for the purpose of considering the same. At the conclusion of the hearing, and any continuances thereof, the city shall either grant or deny the business license, entering written findings of fact supporting its decision should such decision be to deny the business license. It shall be valid grounds for denial of a business license if the city finds that a proposed business will have a significant adverse impact upon the community and will be significantly inconsistent with the purposes of this chapter, as stated in the preamble of the ordinance codified in this chapter. The possibility of mitigating measures shall be taken into account. If a denial is ruled, the applicant may appeal the decision to the city council by filing an appeal request within 10 days of the date of such written decision with the city clerk. The council must schedule a public hearing to consider the appeal no later than 90 days after the filing of the appeal request. After hearing the appeal, the decision of the council shall be final. (Ord. 1364 § 4, 1982).
5.03.050 Retroactivity.
All procedural elements of this chapter shall have retroactive as well as prospective application to any and all businesses that have not received a final and unconditional business license on the date of enactment of the ordinance codified in this chapter. The substantive elements of this chapter are deemed to be necessary for the immediate protection of the public health, safety and welfare and shall also apply to said businesses. (Ord. 1364 § 5, 1982).
Chapter 5.04
HOME OCCUPATIONSSections:
5.04.010 Definitions.
5.04.020 Applicability.
5.04.030 License required.
5.04.040 Fee and term.
5.04.010 Definitions.
“Home occupation” includes any business conducted from premises in any residential zone in the city, and as further defined in Chapter 18.42 EMC as it now reads or is hereinafter amended. (Ord. 1798 § 3, 1993).
5.04.020 Applicability.
Chapter 18.42 EMC pertaining to home occupations, as it now reads or is hereinafter amended, shall apply to this special license; and general business license provisions (Chapter 5.02 EMC) shall apply to this special license, in addition to provisions listed in this chapter. (Ord. 1798 § 3, 1993).
5.04.030 License required.
This is a special license and is issued in lieu of a general business license, however, additional special licenses as required may apply. (Ord. 1798 § 3, 1993).
5.04.040 Fee and term.
The fee for a home occupation license shall be as designated by the city’s fee resolution as it now reads or is hereinafter amended. (Ord. 1798 § 3, 1993).
Chapter 5.08
CARNIVALS, CIRCUSES AND SHOWSSections:
5.08.010 Definitions.
5.08.020 Applicability.
5.08.030 License required.
5.08.040 Fee and term.
5.08.050 Insurance.
5.08.060 Restrictions.
5.08.010 Definitions.
A. Carnival. Any combination of amusement rides, games, sideshows or exhibits consisting of three or more of such units traveling as an itinerant show or exhibition, other than a circus as the same is commonly understood, and excluding agricultural, educational, animal, advertising or hobby exhibitions, shall be deemed a “carnival” within the meaning of this title.
B. Circus. Any institution whose general occupation is that of exhibiting wild animals, feats of horsemanship, animal stunts and acrobatic or aquatic sports traveling as an itinerant show or exhibition shall be deemed a “circus” within the meaning of this title.
C. “Shows” include but are not limited to all shows, theaters, operas, concerts, exhibitions, community carnivals, community circuses, and other public amusements and lawful games. (Ord. 1798 § 3, 1993).
5.08.020 Applicability.
General business license provisions (Chapter 5.02 EMC) shall apply to this special license, in addition to provisions listed in this chapter. (Ord. 1798 § 3, 1993).
5.08.030 License required.
This is a special license and is required in addition to any other city business license the applicant may hold or may be required to hold. (Ord. 1798 § 3, 1993).
5.08.040 Fee and term.
The fee for a carnival, circus or show shall be as designated in the city’s fee resolution as it now reads or is hereinafter amended. (Ord. 1798 § 3, 1993).
5.08.050 Insurance.
Every operator of such carnival, circus or show shall obtain and maintain in full force and effect public liability insurance in the sum of $500,000 for the death or injury to one person, and $1,000,000 for the death or injury to more than one person in the same accident or occurrence. The operator will file with the city license officer a certificate of insurance in the amounts herein indicated showing the city as a named insured on such policy. (Ord. 1798 § 3, 1993).
5.08.060 Restrictions.
A. No carnival, circus or show of a vulgar or obscene character is permitted.
B. No carnival, circus or show shall be operated within 400 feet of any school grounds during school session or events unless license applicant possesses written permission from the school involved. (Ord. 1798 § 3, 1993).
Chapter 5.24
DANCESSections:
5.24.010 Definitions.
5.24.020 Applicability.
5.24.030 License required.
5.24.040 Fee and term.
5.24.050 Restrictions.
5.24.060 Revocation.
5.24.010 Definitions.
A. “Public dance” means any dance to which the public is admitted, which is held or conducted for profit or benefit (direct or indirect), and which requires payment or contribution from any of the persons admitted. The definition does not include banquets, parties or celebrations conducted for invited guests which are not open to the public.
B. “Liquor” means all beverages defined in RCW 66.04.010. (Ord. 1798 § 3, 1993).
5.24.020 Applicability.
General business license provisions (Chapter 5.02 EMC) shall apply to this special license, in addition to provisions listed in this chapter. (Ord. 1798 § 3, 1993).
5.24.030 License required.
This is a special license and is required in addition to any other city business license the applicant may hold or may be required to hold, except that a licensee holding a city cabaret license with dancing is not required to obtain a public dance license if the public dance is to be held in the same location for which the cabaret with dancing license was issued. (Ord. 1798 § 3, 1993).
5.24.040 Fee and term.
The fee for a dance license shall be as designated in the city’s fee resolution as it now reads or is hereinafter amended. (Ord. 1798 § 3, 1993).
5.24.050 Restrictions.
A. The owner or operator of every dance where minors under the age of 21 are in attendance shall be required to provide at its own expense adequate adult supervision as determined by the chief of police.
B. The owner or operator of every dance shall be required to hire at its own expense a security attendant or attendants, as required by the chief of police of the city, necessary to maintain good order in each dance.
C. Liquor shall not be allowed on the premises.
D. All public dances shall be discontinued and shall be closed on every Sunday through Thursday evening on or before midnight, and on Saturday and Sunday mornings by 1:00 a.m.
E. Licenses for public dances will be issued only to persons age 21 or older.
F. It is unlawful to issue pass checks, or other checks which permit a person to leave and enter a public dance. (Ord. 1798 § 3, 1993).
5.24.060 Revocation.
In the event there is damage to property or disturbances consisting of assaultive behavior or a noise level that exceeds the decibels as set forth in the noise ordinances of the city, the police department may revoke a dance license without hearing, and such revocation shall be final. (Ord. 1798 § 3, 1993).
Chapter 5.28
ADULT-ORIENTED BUSINESSSections:
5.28.010 Definitions.
5.28.020 Applicability.
5.28.030 License required.
5.28.040 Fee.
5.28.010 Definitions.
“Adult-oriented business” means and includes any business which offers a service depicting or related to sexual activities or specified anatomical areas, and as further defined in EMC 15.04.020. (Ord. 2173 § 1, 2003; Ord. 1798 § 3, 1993).
5.28.020 Applicability.
EMC 15.04.020 defining adult-oriented business, and EMC 18.22.100 regulating adult-oriented business as a conditional use only in the HCB zone, as it now reads or hereinafter amended, shall apply to this special license; and general business license provisions of Chapter 5.02 EMC shall apply to this special license, in addition to provisions listed in this chapter. (Ord. 2173 § 2, 2003; Ord. 1798 § 3, 1993).
5.28.030 License required.
A. An adult-oriented business is required to obtain a special license in addition to a general business license. The purpose of this special license is to review, investigate, and regulate the conduct and operations of adult-oriented business in order to prevent health and safety problems in and around places of adult-oriented business and to prevent dangerous and unlawful conduct in and around places of adult-oriented business.
B. The applicant shall furnish such other information as may be required by the city license officer or the chief of police, as deemed necessary to aid in the enforcement of this chapter. (Ord. 1798 § 3, 1993).
5.28.040 Fee.
The special license fee for adult oriented business is nonrefundable, non-prorated, and is further designated by the city’s fee resolution as it now reads or is hereinafter amended. (Ord. 1798 § 3, 1993).
Chapter 5.44
CABARETSSections:
5.44.010 Definitions.
5.44.020 Applicability.
5.44.030 License required.
5.44.040 Fees and terms.
5.44.050 Revocation of one-time event license.
5.44.060 License holders.
5.44.070 State regulations applicable.
5.44.010 Definitions.
A. “Cabaret” means any room, place or space whatsoever in the city in which any music, singing, dancing, comedy act, or other similar entertainment is permitted in connection with any hotel, restaurant, cafe, club, tavern, eating place, directly or indirectly selling, serving or providing the public, with or without charge, food or liquor.
B. “Liquor” means all beverages defined in RCW 66.04.010.
C. “One-time event” means a single event, not exceeding 24 hours in duration. (Ord. 1798 § 3, 1993).
5.44.020 Applicability.
General business license provisions (Chapter 5.02 EMC) shall apply to this special license, in addition to provisions listed in this chapter. (Ord. 1798 § 3, 1993).
5.44.030 License required.
This is a special license and is required in addition to any other city business license the applicant may hold or may be required to hold. (Ord. 1798 § 3, 1993).
5.44.040 Fees and terms.
A. The fee for a one-time event cabaret license shall be as designated in the city’s fee resolution as it now reads or is hereinafter amended.
B. The fee for a cabaret license without dancing shall be as designated in the city’s fee resolution as it now reads or is hereinafter amended.
C. The fee for a cabaret license with dancing shall be as designated in the city’s fee resolution as it now reads or is hereinafter amended. (Ord. 1798 § 3, 1993).
5.44.050 Revocation of one-time event license.
In the event there is damage to property or disturbances consisting of assaultive behavior or a noise level that exceeds the decibels as set forth in the noise ordinances of the city, the police department may revoke a one-time event license without hearing, and such revocation shall be final. (Ord. 1798 § 3, 1993).
5.44.060 License holders.
No license shall be issued to:
A. A person who has not attained the age of 21 years, or who is not of good moral character;
B. A person who has been convicted of a felony within five years prior to filing his application;
C. A person whose place of business is conducted by a manager or agent, unless such manager or agent possesses the same qualifications required of the licensee;
D. A copartnership, unless all the members thereof are qualified to obtain a license as provided in this chapter;
E. A corporation, unless all of the officers and directors thereof are qualified to obtain a license as provided herein. Such license shall be issued to the manager or agent thereof. (Ord. 1798 § 3, 1993).
5.44.070 State regulations applicable.
Any license issued pursuant to this chapter is subject to any rules or regulations of the Washington State Liquor Control Board relating to the sale of intoxicating liquor. (Ord. 1798 § 3, 1993).
Chapter 5.52
PRIVATE DETECTIVES AND PRIVATE SECURITY GUARDSSections:
5.52.010 State statutes adopted.
5.52.020 License required.
5.52.010 State statutes adopted.
Chapter 18.165 RCW pertaining to private detectives and Chapter 18.170 RCW pertaining to private security guards are adopted. (Ord. 1798 § 3, 1993).
5.52.020 License required.
No special license from the city is required by this section. Private detectives and private security guards must comply with the general provisions (Chapter 5.02 EMC) of this title. (Ord. 1798 § 3, 1993).
Chapter 5.56
PAWNBROKERSSections:
5.56.010 Definitions.
5.56.020 Applicability.
5.56.030 License required.
5.56.040 Fee and term.
5.56.050 License holders.
5.56.060 Records.
5.56.070 Stolen goods.
5.56.080 Interest.
5.56.090 Removal of property from place of business.
5.56.100 Sale of property.
5.56.110 Hours of operation.
5.56.120 Violation – Penalty.
5.56.010 Definitions.
A. Pawnbroker. Every person engaged, in whole or in part, in the business of loaning money on the security of pledges, deposits or conditional sales of personal property is a pawnbroker.
B. “Precious metals” means gold, silver and platinum.
C. “Transaction” means a pledge, purchase or consignment by a pawnbroker from a member of the general public. (Ord. 1798 § 3, 1993).
5.56.020 Applicability.
General business license provisions (Chapter 5.02 EMC) shall apply to this special license, in addition to provisions listed in this chapter. (Ord. 1798 § 3, 1993).
5.56.030 License required.
This is a special license and is required in addition to any other city business license the applicant may hold or may be required to hold. (Ord. 1798 § 3, 1993).
5.56.040 Fee and term.
The fee for a pawnbroker license shall be as designated by the city’s fee resolution as it now reads or is hereinafter amended. (Ord. 1798 § 3, 1993).
5.56.050 License holders.
No license shall be issued to:
A. A person who has not attained the age of 21 years, or who is not of good moral character;
B. A person who has been convicted of a crime of moral turpitude or intent to defraud within 10 years from the date of application;
C. A person who has, within 10 years from the date of application, been released from a penal institution or from active supervision or parole as a result of the conviction of any of the aforementioned crimes.
D. No person may operate as a pawnbroker unless the person maintains a fixed place of business in the city. No person shall engage in any such business in more than one place, or maintain more than one shop or store for the same, by virtue of one license. (Ord. 1798 § 3, 1993).
5.56.060 Records.
A. Every pawnbroker doing business in the city shall maintain wherever that business is conducted a record in which shall be legibly written in the English language, at the time of each transaction the following information:
1. The signature of the person with whom the transaction is made;
2. The date of the transaction;
3. The name of the person or employee conducting the same transaction;
4. The name, date of birth, sex, height, weight, race, and address of the person with whom the transaction is made;
5. A complete description of the property pledged, bought or consigned, including the brand name, serial number, model number, initials, engravings, size, patterns and color, and in the case of firearms, the caliber, barrel length, type of action, and whether it is a pistol, rifle or shotgun;
6. The price paid or the amount loaned;
7. The type and identifying number of identification used by the person with whom the transaction is made, which shall consist of a valid driver’s license or identification card issued by any state or two pieces of identification issued by a governmental agency, one of which shall be descriptive of the person identified; and
8. The nature of the transaction, a number identifying the transaction (for example, pawn ticket numbers), the name and address of the business conducting the transaction, and the location of the property.
B. This record shall at all times during the ordinary hours of business, or at reasonable times if ordinary hours of business are not kept, be open to the inspection of any commissioned law enforcement officer of the state or any of its political subdivisions who is accompanied by a representative of the police department, and shall be maintained wherever that business is conducted for three years following the date of the transaction.
C. Every pawnbroker in the city, or their employees, shall keep an accurate record in which shall be legibly written at the time of each transaction an accurate description of the goods, articles or things purchased or pawned, the time of purchasing or pledging the same, the amount of money paid therefor or loan thereon, the rate of interest to be paid on such loan, the time within which said pawn is to be redeemed, and the name, age and place of residence, with the street number of the house of the person selling or pledging such article or thing. When any jewelry, or gold or silver articles of any kind are sold or pledged to any pawnbroker or secondhand dealer, it shall be noted in such records all letters or marks inscribed thereon.
D. Every pawnbroker doing business in the city shall furnish or mail within 24 hours to the chief of police or his designee on such forms as are provided by the chief of police, a full, true and correct transcript of the record of all transactions conducted on the preceding day. The pawnbroker shall be responsible for keeping sufficient forms on hand. (Ord. 1798 § 3, 1993).
5.56.070 Stolen goods.
A. Following notification from the police department or any other law enforcement agency that an item of property has been reported as stolen, the pawnbroker shall hold that property intact and safe from alteration, damage or commingling. The pawnbroker shall place an identifying tag or other suitable identification upon the property so held. Property held shall not be released for 120 days from the date of police notification unless released by written consent of the chief of police or his designee or by order of a court of competent jurisdiction. The pawnbroker shall give 10 days’ written notice before the expiration of the 120-day holding period to the police department about the stolen property. If notice is not given within the required 10-day period, then the hold on the property shall continue for an additional 120 days. The chief of police or his designee may renew the holding period for additional 120-day periods as necessary.
B. If a pawnbroker has good cause to believe that any property in his or her possession has been previously lost or stolen, the pawnbroker or secondhand dealer shall promptly report that fact to the applicable chief of police or county’s chief law enforcement officer together with the name of the owner, if known, and the date when, and the name of the person from whom it was received. (Ord. 1798 § 3, 1993).
5.56.080 Interest.
A. All pawnbrokers are authorized to charge and receive interest and other fees for money loaned on the security of personal property actually received in pledge at the rates set forth in RCW 19.60.060 as it now reads or is hereinafter amended.
B. The fee for the preparation of documents, pledges or reports required under the laws of the United States of America, the state of Washington, or the counties, cities, towns or other political subdivisions thereof, shall not exceed the amounts set forth in RCW 19.60.060 as it now reads or is hereinafter amended.
C. Fees as set forth in subsections A and B above may be charged only one time during the term of a pledge. A copy of the fees as set forth in RCW 19.60.060 as it now reads or is hereinafter amended, set in 12-point type or larger, shall be posted prominently in each premises subject to this chapter. (Ord. 1798 § 3, 1993).
5.56.090 Removal of property from place of business.
Property bought or received in pledge by any pawnbroker shall not be removed from that place of business, except when redeemed by the bearer of a pawn ticket within 30 days after the receipt of the property. Property shall at all times during the ordinary hours of business be open to inspection to any commissioned law enforcement officer of the state or any of its political subdivisions who is accompanied by a police department representative. (Ord. 1798 § 3, 1993).
5.56.100 Sale of property.
A. A pawnbroker shall not sell any property received in pledge within 90 days after the term of the loan expires. However, if a pledged article is not redeemed within the 90-day period, the pawnbroker has all rights, title and interest of the pledgor or the pledgor’s assigns.
B. Every transaction entered into by a pawnbroker shall be evidenced by a written document, a copy of which shall be furnished to the pledgor. The document shall set for the loan period, the date on which the loan is due and payable, and shall inform the pledgor of the pledgor’s right to redeem the pledge within 90 days after the expiration of the loan term. (Ord. 1798 § 3, 1993).
5.56.110 Hours of operation.
It is unlawful for any pawnbroker to conduct or carry on the business of pawnbroker, in whole or in part, directly or indirectly, or to open, or keep open, his pawnshop for the transaction of any business whatsoever therein, between the hours of 7:00 p.m. and 7:00 a.m. (Ord. 1798 § 3, 1993).
5.56.120 Violation – Penalty.
The violation of any provision of this chapter shall constitute a criminal offense and shall be punishable as provided in the general provisions of this title. It shall also be a violation of this chapter for:
A. Any person to remove, alter or obliterate any manufacturer’s make, model or serial number, personal identification number, or identifying marks engraved or etched upon an item of personal property that was purchased, consigned or received in pledge;
B. Any person to knowingly make, cause or allow to be made any false entry or misstatement of any material matter in any book, record or writing required to be kept under this chapter;
C. Any pawnbroker to receive any property from any person under the age of 18 years, any person under the influence of intoxicating liquor or drugs, or any person known to the pawnbroker as having been convicted of burglary, robbery, theft, or possession of or receiving stolen property within the past 10 years whether the person is acting is his or her own behalf or as the agent of another; or
D. Any person to violate knowingly any other provision of this chapter or amendments thereto. (Ord. 1798 § 3, 1993).
Chapter 5.60
SOLICITORS AND MOBILE VENDORSSections:
5.60.010 Definitions.
5.60.020 Applicability.
5.60.030 License required.
5.60.040 Fee and term.
5.60.050 Exemptions.
5.60.060 Nonprofit registrations.
5.60.080 Surrendering of license.
5.60.090 Violation – Penalty.
5.60.010 Definitions.
As used in this chapter:
A. “Food” shall have its usual and ordinary meaning and shall include all items designed for human consumption, including, but not limited to, candy, coffee, gum, popcorn, hot dogs, sandwiches, peanuts, soft drinks and dairy products.
B. “Merchandise” shall have its usual and ordinary meaning, including, but not limited to, such items as tools, clothing, furniture, toys, and appliances.
C. “Services” shall have its usual and ordinary meaning and shall include the performance of any act done for compensation, including, but not limited to the acts of cleaning, repairing, entertaining, delivering, advising, adjusting, moving, insuring, protecting, and/or maintaining.
D. “Mobile vending” means offering food, merchandise or services for sale to the general public from a vehicle, conveyance, or a nonpermanent structure or place of business.
E. “Mobile vendor” means the person, firm or corporation, either as a principal or agent, which engages in mobile vending as defined herein.
F. “Public celebration” means Independence Day activities or any other time of public celebration designated by the mayor such as Memorial Day or Labor Day and such events as sidewalk sales, parades, and street fairs which are officially authorized by the city council.
G. “Solicitation” or “soliciting” means selling, offering or exposing for sale, or trading, dealing, or trafficking in any personal property, food, merchandise, or service, either at wholesale or retail, in the city by going from house to house, business to business, or from place to place or by indiscriminately approaching individuals, businesses, or organizations, including sales by sample or for future delivery.
H. “Solicitor” means the person, firm or corporation, either as a principal or agent, which engages in solicitation as defined herein.
I. “Standard working day” means the normal work days of regular, full-time employees at City Hall (Monday through Friday, 8:00 a.m. to 5:00 p.m. except weekends and holidays).
J. “Mobile ice cream vendor” means a person, firm or corporation, either as a principal or agent, which engages in the mobile vending of ice cream and/or frozen novelty items for immediate human consumption. (Ord. 2023 § 2, 1999; Ord. 1901 § 1, 1996; Ord. 1798 § 3, 1993).
5.60.020 Applicability.
General business license provisions (Chapter 5.02 EMC) shall apply to this special license, in addition to provisions listed in this chapter. (Ord. 1901 § 1, 1996; Ord. 1798 § 3, 1993).
5.60.030 License required.
A. These are special licenses and are required in addition to any other city business license the applicant may hold or may be required to hold.
B. The holder of a valid general business license (as provided for in Chapter 5.02 EMC) may be issued a mobile vendor license for food, services, and merchandise, if the food, service, or merchandise being offered for sale as a mobile vendor is the same as or similar to that offered for sale from the permanent place of business under the general business license. In the case of this exemption, the special license fee shall be waived.
C. Each individual solicitor or mobile vendor shall obtain a solicitor/mobile vendor license, and shall be required to carry and display the solicitor or mobile vendor license on their person whenever engaged in solicitation or mobile vending.
D. Application for a solicitor/mobile vendor license must be made at least two working days before the license may be issued.
E. The city licensing officer shall have the authority to issue or deny a solicitor or mobile vendor license. When determining whether a particular individual should be granted a solicitor or mobile vendor license, the city licensing officer shall consider only the following factors:
1. Whether the sales method employed by the applicant would tend to harass, annoy, or intimidate members of the community so as to detrimentally affect the health, safety, or welfare of the community, as evidenced by past recommendations and/or complaints from members of the community, comments received from the applicant’s references and/or comments received from other individuals familiar with the applicant or the applicant’s business; and
2. Whether the applicant has been convicted of a felony within the past 10 years, or a misdemeanor within the past five years, the nature of which directly relates to the applicant’s ability to deal honestly and fairly with the public in a nonthreatening and nonintimidating manner; and
3. Whether comments received from the applicant’s references and/or the applicant’s previous employers reflect well on the applicant’s honesty, fair dealing, and the integrity of the applicant’s past business practices.
F. The city licensing officer shall design application forms for each license enumerated in the this title so as to evaluate each applicant’s fitness under the appropriate factors, set forth above. Each applicant shall be required to complete the entire application form and abide by any requests made of the city licensing officer under this chapter. The failure to complete the form and provide all requested information may result in denial of the license. It shall be unlawful for any individual to intentionally provide false information or to intentionally omit requested information on an application for any license governed by this chapter. (Ord. 1901 § 1, 1996; Ord. 1798 § 3, 1993).
5.60.040 Fee and term.
The fee for a solicitor/mobile vendor license shall be as designated in the city’s fee resolution as it now reads or is hereinafter amended, except as noted in EMC 5.60.030(B). (Ord. 1901 § 1, 1996; Ord. 1798 § 3, 1993).
5.60.050 Exemptions.
A. Newspaper delivery persons are exempt from this chapter.
B. Owners of vehicles displaying a “for sale” sign on a vehicle, for the sale of that vehicle by its owner, are exempt from this section.
C. Solicitations or vending in association with a public celebration, which shall include nonprofit groups, are exempt from this section; provided the solicitor or mobile vendor has properly registered with the party or organization sponsoring the public celebration, and provided the solicitor or mobile vendor carries and displays proof of that registration whenever engaging in solicitation or mobile vending. (Ord. 1901 § 1, 1996; Ord. 1798 § 3, 1993).
5.60.060 Nonprofit registrations.
A. To engage in the solicitation of money or the sale of any food, service, merchandise, thing or ticket of any kind, where the proceeds of such solicitation or sale are to be used for any educational, religious, patriotic, historical, fraternal, political, charitable or benevolent purpose, or for the relief of any person or persons or of the public generally, a solicitor’s or mobile vendor’s license is not required, so long as the party or organization is registered under subsection B of this section.
B. Persons or organizations who qualify under subsection A are required to register with the city license officer with the following information prior to commencing such activities:
1. The name, address and telephone of the group or organization;
2. The name, address and telephone of a contact person for the group or organization;
3. The purpose of the solicitations to be conducted in the city;
4. Proof of nonprofit status as defined in Chapter 5.02 EMC;
5. A list of the names of the persons acting on behalf of the group or organization and the dates and times during which they will be soliciting in the city.
C. The city licensing officer shall issue qualified applicants a nonprofit registration card, which each solicitor and/or mobile vendor must carry and display on their person whenever engaged in solicitation or mobile vending.
D. Persons acting on behalf of the group or organization qualifying under this subsection shall at all times during the solicitations wear identification clearly showing their affiliation with said group or organization. (Ord. 1901 § 1, 1996; Ord. 1798 § 3, 1993).
5.60.080 Surrendering of license.
Licensees shall surrender solicitor/mobile vendor licenses to the city license officer upon their expiration. (Ord. 1901 § 1, 1996; Ord. 1798 § 3, 1993).
5.60.090 Violation – Penalty.
Failure to comply with any of the above requirements, or the following, shall be in violation of this chapter:
A. Parking regulations as contained in EMC Titles 10 and 12, as amended;
B. Shall not obstruct the passage along any sidewalk, street, alley or parking lot by causing a congregation of people, nor annoy, injure or endanger the safety, health, comfort, or repose of any considerable number of persons;
C. Shall not sell on the street side of the vehicle or conveyance;
D. Shall comply will all clauses and regulations of the King County health department regarding food handling;
E. Shall not misrepresent facts to the city license officer or to the public;
F. Shall not engage in soliciting any time other than the standard work day, as defined herein;
G. Shall not sell, operate or supply any good or service unless properly licensed by the state and/or county;
H. Shall comply with all requirements enumerated in this chapter;
I. Shall not engage in soliciting or mobile vending in any area of the city other than the areas which are classified in the city’s zoning code as follows:
NB
Neighborhood Business
CB1
Central Business
CB2
Central Business
HCB
Highway Community Business
GO
General Office
LI
Light Industrial
AG
except ice cream mobile vending may occur in any zoning district of the city during the days of the year which are classified as Daylight Saving Time and Monday through Saturday, not including Sundays, and shall be only allowed between 8:00 a.m. to 8:30 p.m. during the above time and dates.
Violations of any provision of this chapter shall be a misdemeanor offense. (Ord. 2023 § 3, 1999; Ord. 2013 § 1, 1999; Ord. 1901 § 1, 1996; Ord. 1798 § 3, 1993).
Chapter 5.64
AMUSEMENT DEVICESSections:
5.64.010 Definitions.
5.64.020 Applicability.
5.64.030 License required.
5.64.040 Fee and term.
5.64.050 Games of chance.
5.64.060 Restrictions.
5.64.010 Definitions.
A. “Amusement device” means any machine which, by the insertion of a coin, slug, token, plate or disk, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score, without any prospect of reward in money, merchandise or in any form of payoff, prize or award, and for the sole purpose of entertainment only. It includes such devices as marble machines, pinball machines, shuffleboard games, mechanical bowling games, mechanical grab machines, pool tables, billiard tables, video games, air hockey, foosball, and all other games, operations or transactions similar thereto under whatever name they may be indicated which are operated for the purpose of amusement. For purposes of this chapter coin-operated hobby horses or similar are not defined as amusement devices.
B. “Operator” means any person, firm, corporation, partnership or association who sets up for operation by another, or leases or distributes for the purpose of operation by another, any device as defined in this section, whether such setting up for operation, leasing or distributing is for a fixed charge or rental, or on the basis of a division of the income as derived from such device, or otherwise.
C. “Proprietor” means any person, firm, corporation, partnership, association or club who, as the owner, lessee or proprietor, has under his or its control any establishment, place or premises in or at which such device is placed or kept for use or play, or on exhibition for the purpose of use or play. (Ord. 1798 § 3, 1993).
5.64.020 Applicability.
General business license provisions (Chapter 5.02 EMC) shall apply to this special license, in addition to provisions listed in this chapter. (Ord. 1798 § 3, 1993).
5.64.030 License required.
A. This is a special license and is required in addition to any other city business license the applicant may hold or may be required to hold.
B. The device license may be issued to the operator or to the proprietor. A separate device license shall be required for each premises that shall have amusement devices for operation.
C. The license shall clearly state the number of devices for which the license is granted.
D. The license shall be posted on the premises in which the devices are located. (Ord. 1798 § 3, 1993).
5.64.040 Fee and term.
A. The term for the amusement device license shall be one year.
B. The fee for each device shall be as designated by the city’s fee resolution. (Ord. 1993 § 1, 1998; Ord. 1798 § 3, 1993).
5.64.050 Games of chance.
It is unlawful to operate any amusement device or to permit it to be operated, which is not strictly a game of skill and not of chance. It is unlawful to permit any individual otherwise prevented by state law to play or operate the device licensed under this chapter. (Ord. 1798 § 3, 1993).
5.64.060 Restrictions.
Amusement devices shall not be operated within 400 feet of any school grounds during school session or events, unless license applicant possesses written permission from the school involved. (Ord. 1798 § 3, 1993).
Chapter 5.68
GAMBLINGSections:
5.68.010 State statutes adopted.
5.68.020 License required.
5.68.030 Gambling tax.
5.68.040 Violation – Penalty.
5.68.010 State statutes adopted.
All gambling activities authorized under the laws of the state, and particularly Substitute House Bill No. 711, Chapter 218, Laws of 1973 (43rd Legislative First Extraordinary Session), and Substitute House Bill No. 473, Chapter 155, Laws of 1974 First Extraordinary Session (43rd Legislative Third Extraordinary Session), and Substitute House Bill No. 212, Laws of 1975 (44th Legislative First Extraordinary Session), as same amend said Chapter 218, and any amendments thereof, shall be authorized within the city limits, subject to any licensing requirements and regulatory requirements of the state. (Ord. 1798 § 3, 1993).
5.68.020 License required.
A. No special license from the city is required by this section. Persons holding a state gambling license and operating within the city must comply with the general provisions (Chapter 5.02 EMC) of this title.
B. Any person, association or organization required to obtain a license for gambling under the laws of the state, which receives such a license, shall upon receipt thereof immediately file a copy thereof with the chief of police and shall thereafter promptly notify the chief of police of any change, suspension or action pertaining to such license. A copy of the license shall also be filed with the city treasurer for purposes of levying the gambling tax. (Ord. 1798 § 3, 1993).
5.68.030 Gambling tax.
Any person, association or organization engaged in gambling activities pursuant to a state license and as authorized under the laws of the state shall be subject to a city tax thereon as follows:
A. There shall be a city tax levied upon bingo and raffles in the amount of 10 percent of gross revenues received therefrom less the amount paid for as prizes.
B. There shall be a city tax levied upon amusement games in the amount of two percent of gross revenue therefrom less the amount paid for as prizes.
C. There shall be a city tax levied upon social card games in the amount of 10 percent of the gross amount received therefrom.
D. There shall be a city tax levied upon all other gambling activities, except social card games, of five percent of the gross receipts of such activities.
E. Taxes called for as set forth in this section shall be paid to the city treasurer upon the filing of any report of gambling moneys received by a license holder to the Washington State Gambling Commission, and a duplicate copy of such reports shall be filed simultaneously with the treasurer along with payment of the tax thereon and a duplicate report shall be simultaneously filed with the city licensing officer and police chief.
F. Charitable and nonprofit corporations will be taxed at 10 percent of gross receipts less prizes for punchboards and pulltabs. (Ord. 1956 § 1, 1997; Ord. 1798 § 3, 1993).
5.68.040 Violation – Penalty.
Any person violating or failing to comply with any of the provisions of this chapter shall be liable for civil remedies in favor of the city of collection of any delinquent taxes under the provisions of this chapter, in addition to any penalties that might be imposed by the state. (Ord. 1798 § 3, 1993).
Chapter 5.72
TAXICABSSections:
5.72.010 Licenses to be processed by county.
5.72.020 County license required.
5.72.030 County authority – Interlocal agreement.
5.72.040 County provisions adopted by reference.
5.72.050 Violation – Penalty.
5.72.060 Adopted code on file.
5.72.070 Amendments incorporated by reference.
5.72.010 Licenses to be processed by county.
Beginning July 1, 2004, all new applications for taxicab licenses shall be processed by King County under Chapter 6.64, King County Code. (Ord. 2185 § 2, 2003).
5.72.020 County license required.
All taxicab drivers currently licensed in Enumclaw will be required to obtain a for-hire license with King County beginning the effective date of the ordinance codified in this chapter. (Ord. 2185 § 3, 2003).
5.72.030 County authority – Interlocal agreement.
Pursuant to interlocal agreement, the director of the King County department of executive administration, and his/her authorized representatives, are hereby delegated the power to determine the eligibility for licenses and the power to deny, suspend, or revoke licensing pursuant to the terms of this chapter including, but not limited to, existing licensees. A copy of the said interlocal agreement shall be available in the office of the city clerk of the city of Enumclaw for use and examination by the public. (Ord. 2185 § 4, 2003).
5.72.040 County provisions adopted by reference.
Chapter 6.64, King County Code, now in effect, and as may be subsequently amended, is hereby adopted by reference, except that unless the context indicates otherwise, the word “county” and the words “King County” shall refer to the city and references to violations of the county code or county ordinances shall be deemed to be references to the violations of city ordinances. (Ord. 2185 § 5, 2003).
5.72.050 Violation – Penalty.
Anyone who violates or fails to comply with any of the requirements of this chapter shall be guilty of a violation of a city ordinance and shall be subject to a fine of not more than $5,000 or an imprisonment term not in excess of one year, or both. (Ord. 2185 § 6, 2003).
5.72.060 Adopted code on file.
A copy of each portion of the King County Code adopted by reference shall be authenticated and recorded by the city clerk and not less than one copy thereof shall be available in the office of the city clerk for use and examination by the public. (Ord. 2185 § 7, 2003).
5.72.070 Amendments incorporated by reference.
Amendments to or modifications of the above incorporated King County Code provisions shall be amended and incorporated by reference. (Ord. 2185 § 8, 2003).
Chapter 5.76
TOW TRUCK OPERATORSSections:
5.76.010 State statutes adopted.
5.76.020 Business license applicable.
5.76.030 Rotation list requirements.
5.76.010 State statutes adopted.
RCW 46.55.010 through 46.55.240 pertaining to tow truck operators are adopted. These provisions incorporate regulations governing the registration of tow truck operators, impounding of unauthorized vehicles, redemption rights and hearing procedures, and records, inspections and enforcement, and junk vehicle disposition. (Ord. 1798 § 3, 1993).
5.76.020 Business license applicable.
No special license from the city is required; however, the general provisions (Chapter 5.02 EMC) of this title are applicable. (Ord. 1798 § 3, 1993).
5.76.030 Rotation list requirements.
The city utilizes a rotation list of qualified tow truck operators to perform services of public impound at the request of the police department. Due to the special needs for service availability and geographic area frequently responded to by public safety services and mutual aid agencies, the following requirements are established:
A. In addition to application requirements specified in the RCW statute references adopted above, the tow truck operator shall submit to the police chief the prior criminal convictions of applicant and applicant’s drivers, excluding minor traffic violations;
B. Be available 24 hours a day, seven days a week; and advise the police department when unavailable due to other service calls;
C. Maintain and use storage facilities inside a secure building for all cars held for evidence or involving a fatality. Operators shall maintain and use storage facilities inside a sight-obscuring fence, capable of being locked, for all wrecked, impounded, or abandoned vehicles. The fence shall meet the requirements of the building code adopted by the city and interpreted by the building official;
D. Maintain at least three vehicles for hauling vehicles and other debris from an impound scene, two of which must be licensed tow trucks;
E. Licensed tow truck vehicles shall meet the following vehicle requirements:
1. Be equipped with dual tires or have a comparable capacity single tire (balloon type), dual booms, and dual winches with at least a six-ton capacity (manufacturer’s rating). Winches are to be of a type that may be operated independently or jointly, and each must contain a minimum of 100 feet of cable of a continuous length per drum (three-eighths-inch minimum),
2. Comply with all legal light requirements and, in addition, shall have mounted thereon a revolving red light capable of 360-degree visibility. This revolving red light will be used only at accidents or emergency scenes,
3. Carry a portable tail and stop lamp bracket with an extension cord capable of being mounted on the rear of a damaged or disabled vehicle,
4. Carry a broom, shovel, flags and flares, hydraulic jack, a standard 24-unit first aid kit, one five-pound fire extinguisher, two pinch bars which shall be four feet and six feet in length, and two snatch blocks or equivalent of sufficient strength to carry any strain capable of being applied by the wrecker when required. Each tow truck will have an acetylene torch kit available for use. This kit need not be affixed to the vehicle,
5. Carry a portable dolly for hauling vehicles that are not towable,
6. Be maintained in good mechanical condition and be presentable at all times. (Ord. 1798 § 3, 1993).
Footnotes
1. Code reviser’s note: As referred to in this chapter, the preamble to Ord. 1364 reads as follows:
WHEREAS, the City of Enumclaw is primarily a residential and agricultural community; and
WHEREAS, the traditional orientation of the community, and that which is planned for the future, is for family commerce, recreation, education and worship; and businesses and activities which are not family oriented are inconsistent with the existing development and further plans for the Enumclaw community, and may have an adverse impact upon the same; and
WHEREAS, such businesses have been found to appeal to special populations and often bring outside influences into the community which increase the crime rate and undermine the moral and social values of the family members; and
WHEREAS, existing businesses find that as the character of the commercial environment changes, their business drops off, property values decrease and merchants serving the general community are forced to move out of the central business district, leaving it in a vacant and deteriorating condition; and
WHEREAS, businesses which are not family oriented, and which would contribute to this adverse situation, should be encouraged to locate in other communities where their patronage would be more probable and profitable, and where their impact would be more acceptable[.]