Chapter 5.10
DEFINING AND REGULATING TEMPORARY EXHIBITIONS, TRADE SHOWS, VENDOR EXHIBITS, FAIRS, CARNIVALS, OR OTHER TRAVELING SHOWS OF A SIMILAR NATURE

Sections:

5.10.010    Purpose, intent and definitions.

5.10.020    License requirements.

5.10.030    License fee and duration.

5.10.040    Additional regulations.

5.10.050    Violation – Penalty.

5.10.010 Purpose, intent and definitions.

A. It is the intent of the Langley city council to regulate temporary sales activities and it so finds that it is in the best interests of the citizens of Langley that temporary stands, concessions and exhibits be allowed but only upon meeting certain minimum regulations. It is the purpose of the ordinance codified in this chapter to define those regulations and to set forth the requirements of licensing these activities in the city. All sections of this chapter are to be liberally interpreted to promote that purpose.

B. Definitions.

Exempt Activities. City licensed businesses, setting up temporary stands and/or displays which are outside the scope of their normal business activities, shall be exempt from the fee only. In addition, the following activities are specifically held exempt under this chapter:

1. Private garage or yard sales, conducted on the seller’s owned or leased property; not to exceed four such sales in any given calendar year. Any one event shall be limited to three days in duration and every additional three days shall be counted as a separate event.

2. Children’s lemonade sales and/or other stands set up for selling goods and services which are the product of youthful activity and are not designed, controlled, sponsored and/or supervised by adults.

“Temporary business activity” means any activity, stand, concession, circus, carnival, road show, trade show, fair or public exhibition, taking place from a temporary structure, whose purpose is to advertise, display, or otherwise promote the sale of goods and/or services. The activities listed herein are intended to provide an example only and are not intended to be an enumeration of all regulated activity.

“Temporary business license” means that document obtained from the city of Langley, by application, as further described herein, which grants the applicant permission to conduct a temporary business activity in the city of Langley.

“Temporary structure” means anything built, constructed, placed or stopped at a certain location, whether said structure is occupied, moved and/or carried, within the city, with the intent that said structure not remain permanently at that location. (Ord. 692, 1995)

5.10.020 License requirements.

A. Application – Long Form. It shall be unlawful for any individual, person, firm, corporation, partnership or other business entity to conduct temporary business activities in the city of Langley without first applying for and obtaining a temporary business license as further described herein. The applicant for such a temporary business license shall file an application with the city of Langley clerk, in writing, and shall procure such license prior to engaging in any of the activities defined in this chapter as temporary business activities. Each application shall require the following:

1. Name of the person, firm, corporation, partnership or other business entity requesting said license; the address and phone number of the applicant’s principal business location or principal place of residence and identification of the applicant’s agent and/or other person responsible for the activity to take place in the city of Langley. The application must be signed and dated.

2. A description of the activity which provides information sufficient for the city to determine the space requirements, sanitary facilities, and parking requirements of the proposed activity.

3. A simple plot plan or other evidence of proposed location of the temporary activity. The application must provide the name and phone number of the property owner, who owns the property, where the temporary activity shall take place. If this activity is to be conducted in city right-of-way, or other city property, said applicant shall so indicate.

4. A specific indication of the hours of operation and/or the hours of the day or night said activity shall take place. Any license requested for activities which will take place after dusk will require the specific approval of the mayor and/or city staff and the Langley chief of police.

5. Indicate whether any open flame or flammable liquids are intended to be used within the structure and if so, what safety plan shall be implemented to ensure that these materials are rendered harmless.

6. Tax identification number of business/principal and/or social security number.

7. Any other relevant information as may be required by the chief of police or the fire chief.

B. Application – Short Form. A short form application which meets the requirements of subsection (A) of this section is available at City Hall. An applicant may be able to prepare the short form application if applicant meets the following requirements: (1) all temporary business activities will take place on a single property or within a single building, and (2) said temporary business activity will have no impact on parking and constitute no traffic burden and/or is a part or subsidiary of a larger, sponsor or parent temporary business activity whose traffic impact has or will be assessed under the sponsor’s application. If applicant believes his or her temporary business activity will meet the conditions stated herein, said applicant should schedule an interview with the chief of police or city clerk-treasurer for a final determination on the short form option. (Ord. 692, 1995)

5.10.030 License fee and duration.

A. The license fee shall be set by resolution of the city council.

B. All licenses, under this section, shall be issued for a period not to exceed one week. Said license may be renewed a total of three times for an additional license fee, for each renewal week, for a total of four weeks per year. No license may be transferred to another person, entity or location other than that stated in the application. (Ord. 726, 1996; Ord. 692, 1995)

5.10.040 Additional regulations.

Each licensee shall meet all of the requirements listed in this section. Failure to meet any of the requirements listed herein shall constitute grounds for nonissuance or revocation of a temporary business license. These requirements are as follows:

A. Displayed material shall remain in the area specified for such display.

B. No part of the temporary structure and/or activity shall obstruct or act as a cause of obstructing any city passageway or sidewalk, street, avenue, alley or other public place; or act to cause people to congregate at or near the place of sale. All stands shall be set back a minimum of 10 feet from the right-of-way; provided, however, that this shall not be construed to prevent holding an approved public exhibition per the parade ordinance upon the streets and sidewalks of the city as approved by the city council.

C. Any temporary business license holders engaged in food sales shall comply with all laws, rules and regulations regarding food handling.

D. No license shall be issued to any peddler, salesman, transient merchant or other persons to sell from door to door or from any doorway, building recess, alley or vacant lot or any other place facing on a public street without such activity and/or location being first approved by the chief of police and the mayor after review by city staff.

E. Each licensee shall be required to clean up their site and remove all temporary structures within 24 hours of license expiration. Failure to so remove will result in the city removing said structures at the expense of said licensee and shall constitute a violation of this chapter.

F. Temporary licenses must be conspicuously displayed at the place of business. (Ord. 692, 1995)

5.10.050 Violation – Penalty.

Any individual, person, firm, corporation, partnership or other business entity violating the provisions of this chapter shall be charged with a misdemeanor and upon conviction may be punished by imprisonment, not to exceed 90 days and/or a fine of not more than $500.00. Each day that a temporary business is operated in violation of this chapter or fails to clean up a temporary business site constitutes a separate offense under this section. (Ord. 692, 1995)