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Title 7
BUSINESS LICENSES/REGULATIONSChapters:
7.01 Junk Dealers – Secondhand Dealers
7.02 Pawnbrokers
7.08 Massage Parlors – Public Bath Houses
7.12 Dance Halls
7.16 Amusement Devices
Chapter 7.01
JUNK DEALERS – SECONDHAND DEALERSSections:
7.01.010 Junk defined.
7.01.020 Junk dealer’s license required.
7.01.030 Fence required.
7.01.040 Secondhand dealer defined.
7.01.050 Secondhand dealer’s license fee.
7.01.060 Secondhand dealer’s bond.
7.01.070 No purchase from minors or intoxicated persons.
7.01.080 Name and address of seller.
7.01.090 Records to be kept.
7.01.100 Shop to be closed.
7.01.110 Property to be held – Police inspection.
7.01.120 Penalties for violating this chapter.
7.01.130 Who may be guilty of violation of this chapter.
SOURCE: ADOPTED:
Ord. No. E, 1956 06/20/56
AMENDED SOURCE: ADOPTED:
Ord. No. F, 1959 07/18/59
Ord. No. 9, 1962 08/03/62
7.01.010 Junk defined.
“Junk” includes and means old rope, old iron, brass, copper, tin and lead, salvaged parts and accessories from wrecked automobiles, rubber, rags, empty bottles, paper, bagging, parts of machinery, scrap metals of all kinds, and such other worn out and discarded articles, materials and odds and ends as can be turned to some use.
7.01.020 Junk dealer’s license required.
It shall be unlawful for any person, firm, association or corporation, to engage in the business of buying or selling or collecting junk, or to buy, sell, or collect junk in the County of Clallam without first obtaining a County license to do so, which shall be known as a junk dealer’s license; and in addition thereto, shall before receiving said license give a surety company bond to the County of Clallam in the sum of $1,000, conditioned for the due observance and faithful compliance with all the terms and conditions of this chapter, as may be in force or may be passed respecting the business of junk dealer and pay a fee for the issuance of such license in the sum of $50 per year.
7.01.030 Fence required.
All sides of junk yard premises which shall be open to view from public ways or adjoining occupied areas shall be fenced with a nontransparent fence at least six (6) feet in height.
7.01.040 Secondhand dealer defined.
Any person who, within the County of Clallam, shall as a business engage in the purchase, sale, trade, barter or exchange of secondhand goods, other than “junk” as defined in this chapter, is hereby defined to be a “secondhand dealer,” within the meaning of this chapter.
7.01.050 Secondhand dealer’s license fee.
It shall be unlawful for any person to engage in the business of secondhand dealer without first procuring a license to do so, to be known as a “secondhand dealer’s license.” The fee for such secondhand dealer’s license shall be, and the same is hereby fixed at $50 per annum.
Any person having more than one place of business where secondhand goods are bought, sold, traded, bartered or exchanged shall be required to procure a separate license for each and every such place of business.
7.01.060 Secondhand dealer’s bond.
A secondhand dealer, before receiving said license, shall be required to give a surety bond running to the County of Clallam in the penal sum of $1,000, conditioned for due observance and faithful performance of and compliance with all ordinances of the County of Clallam which now or may become effective and relating to his business.
7.01.070 No purchase from minors or intoxicated persons.
It shall be unlawful for any junk dealer or secondhand dealer to take, receive, or purchase any personal property of any kind or nature, or any article or thing of value, from any minor, or the ownership of which is whole or in part, is in, or which is claimed by any minor, or which may be in the possession or under the control of any minor. It shall be unlawful for any junk or secondhand dealer to receive or purchase property from persons intoxicated or appearing to be intoxicated or persons known to have been convicted of larceny or burglary.
7.01.080 Name and address of seller.
It shall be unlawful for any junk or secondhand dealer to receive, take or purchase any personal property, goods, or thing of value from any person or persons who shall refuse to make known his or her or their name or names, place or places of residence, or to submit to a general description, or knowingly make any false entry of any matter or thing required to be made under the ordinances of the County of Clallam regulating junk and secondhand dealers.
7.01.090 Records to be kept.
Every junk or secondhand dealer shall keep a book in which he shall, at the time of purchase of any secondhand goods, enter in the English language, written in ink, a full and accurate description of such goods so bought, together with the name, apparent age, signature and residence of the vendor, and if the vendor shall be minor, a statement of the fact, and also the amount paid and the date and hour of purchase, shall at all reasonable times be open to inspection by the Sheriff or any Deputy Sheriff of the County.
7.01.100 Shop to be closed.
It shall be unlawful for any secondhand store or junk shop to remain open or transact business between 6:00 p.m. and 6:00 a.m. of any day except Saturday, when such stores may remain open until 8:00 p.m.
7.01.110 Property to be held – Police inspection.
It shall be unlawful for any keeper of any junk shop or secondhand store to sell or expose for sale any junk, or melt up, change or alter the same in any manner within five (5) days from the time of purchasing or receiving the same, nor until the same has been in or upon the premises where the same is to be sold, exposed for sale, melted up or otherwise altered, for at least five (5) days; provided, however, that the Sheriff, or some officer or officers detailed by him for that purpose, after examination of a specific quantity of junk or secondhand goods may permit the same to be sold, removed, melted or otherwise disposed of, within a less period of time than specified in this section.
7.01.120 Penalties for violating this chapter.
Any person violating or failing to comply with any of the terms and provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $100 or by imprisonment in the County Jail for a period of not more than thirty (30) days, or by both such fine and imprisonment.
7.01.130 Who may be guilty of violation of this chapter.
Every person concerned in any act or omission in violation of this chapter, whether he directly performs or omits to perform any act in violation of this chapter, or aids or abets the same whether present or absent, and every person who directly or indirectly counsels, encourages, hires, commands, induces or otherwise procures the terms of this chapter and shall be proceeded against and prosecuted as such.
Chapter 7.02
PAWNBROKERSSections:
7.02.010 Pawnbrokers and pawnshops defined.
7.02.020 Pawnbroker’s license fee.
7.02.030 Exemption.
7.02.040 Pawnbroker’s bond.
7.02.050 Auditor is licensing agent.
7.02.060 Every pawnbroker must keep record.
7.02.070 Records of pawnbrokers to be opened for inspection.
7.02.080 Goods not to be removed from pawnshop.
7.02.090 Unlawful receiving.
7.02.100 Pawnshops to be closed during certain hours.
7.02.110 Penalties for violating this chapter.
7.02.120 Who may be guilty of violation of this chapter.
SOURCE: ADOPTED:
Ord. No. 3, 1956 06/20/56
7.02.010 Pawnbrokers and pawnshops defined.
(1) “Pawnbroker,” as used in this chapter, means and includes every person who takes or receives by way of pledge, pawn or exchange, goods, wares, or merchandise, or any kind of personal property whatever, for the repayment or security of any money loaned thereon, or to loan money on deposit of personal property.
(2) “Pawnshop” means and includes every place at which the business of pawnbroker is being carried on.
7.02.020 Pawnbroker’s license fee.
It shall be unlawful for any person to engage in the business of pawnbroker, or to conduct a pawnshop, without first having obtained a license to do so, to be known as a “pawnbroker’s license.” The license fee for a pawnbroker’s license shall be, and the same is hereby fixed at the sum of $100 per annum. A separate license shall be required for each separately located pawn shop.
7.02.030 Exemption.
This chapter is not intended to include auctions and auctioneers.
7.02.040 Pawnbroker’s bond.
In addition to the license fee and before such license is issued, the applicant shall be required to give to the County of Clallam for each pawn shop a sufficient surety bond in the sum of $1,000 running in the favor of the County of Clallam, and conditioned for the faithful observance by the licensee of all the requirements of this and all other ordinances of Clallam County and all State laws relating to the business of pawnbroker.
7.02.050 Auditor is licensing agent.
The County Auditor of the County of Clallam shall be the licensing agent for all licenses required under this chapter, and the custodian of the bonds required under this chapter.
7.02.060 Every pawnbroker must keep record.
It shall be the duty of every pawnbroker to maintain at his place of business a book or other permanent record, in which shall be legibly written in the English language, at the time of such loan, purchase or sale, a record thereof containing:
(1) The date of the transaction;
(2) The name of the person or employee conducting the same;
(3) The name, age, street and house number and the general description of the dress, complexion, color of hair and facial appearance of the person with whom the transaction is had;
(4) The name and street and house number of the owner of the property bought or received in pledge;
(5) The street and house number of the place from which the property bought or received in the pledge was last removed;
(6) A description of the property bought or received in pledge, which in the case of watches shall contain the name of the maker and the number of both the works and the case, and in the case of jewelry shall contain a description of all letters and marks inscribed thereon;
(7) The price paid or the amount loaned;
(8) The name and street and house numbers of all persons witnessing the transaction;
(9) The number of any pawn ticket issued therefor.
It shall be unlawful for any pawnbroker and every clerk, agent, or employee of such pawnbroker to fail, neglect or refuse to make entry in any material matter in his record as required by this section, or to make any false entry therein, or to obliterate or remove from his place of business such record.
7.02.070 Records of pawnbrokers to be opened for inspection.
All books and other records of any pawnbroker relating to purchase pledge, exchange, barter or receipt of any goods, wares, merchandise, or other articles or things of value, shall at all times be open for inspection by the Sheriff, or any police officer, or detective detailed for that purpose, and all articles or things received, purchased or left in pledge with said pawnbroker shall at all times be open to a like inspection.
7.02.080 Goods not to be removed from pawnshop.
It shall be unlawful for any pawnbroker to remove any goods, articles or things purchased by him, or left with him, in pledge, from his store or place of business until the expiration of ten (10) days after the same has been purchased, received or left in pawn, unless the said goods, articles, or things have within the time specified, been inspected as provided in this chapter.
7.02.090 Unlawful receiving.
It shall be unlawful for any pawnbroker, his clerk or employee to receive in pledge, or purchase, any article or thing from any person under twenty-one (21) years of age, or from any person who is at the time intoxicated, or from a habitual drunkard, or from any person addicted to the use of narcotic drugs, or from any person known to be a thief, or a receiver of stolen property, or from any person whom he has reason to suspect or believe to be such.
The fact of loaning money upon or purchasing goods from any of the classes of persons enumerated in this section shall be prima facie evidence of an intent on the part of such pawnbroker, his agent or employee, to violate this chapter.
7.02.100 Pawnshops to be closed during certain hours.
It shall be unlawful for any pawnbroker to conduct or carry on the business of a pawnbroker, in whole or in part, directly or indirectly, to open or keep open, his pawnshop for the transaction of any business whatsoever therein, between the hours of 6:00 p.m. and 7:00 a.m.
7.02.110 Penalties for violating this chapter.
Any person violating or failing to comply with any of the terms and provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $100 or by imprisonment in the County Jail for a period of not more than thirty (30) days or by both such fine and imprisonment.
7.02.120 Who may be guilty of violation of this chapter.
Every person concerned in any act or omission in violation of this chapter, whether he directly performs or omits to perform any act in violation of this chapter, or aids or abets the same whether present or absent, and every person who directly or indirectly counsels, encourages, hires, commands, induces or otherwise procures the terms of this chapter and shall be proceeded against and prosecuted as such.
Chapter 7.08
MASSAGE PARLORS – PUBLIC BATH HOUSESSections:
7.08.010 Definitions.
7.08.020 License required.
7.08.030 Advertising by unlicensed person.
7.08.040 Exemptions.
7.08.050 License application.
7.08.060 License fee.
7.08.070 Inspection.
7.08.080 Proper conduct required.
7.08.090 Penalty.
7.08.100 Severability.
7.08.110 Effective date.
SOURCE: ADOPTED:
Ord. No. 71, 1976 09/23/76
7.08.010 Definitions.
(1) “Massage” means the treatment of the superficial parts of the body with or without the aid of soaps, oils or lotions by rubbing, touching, stroking, tapping and kneading, provided no attempt be made to adjust or manipulate the articulations of the spine.
(2) “Massage operator” means a person engaged in the practice of massage.
(3) “Massage business” means the operation of a business where massages are given.
7.08.020 License required.
No person shall engage in or hold themselves out as engaged in the practice of massage without a massage operator’s license issued by Clallam County.
7.08.030 Advertising by unlicensed person.
It shall be unlawful to advertise the practice of massage by a person not licensed by the County.
7.08.040 Exemptions.
This chapter does not apply to:
(1) An individual giving massage in their home to members of their immediate family.
(2) Persons licensed in this State to practice medicine, surgery, drugless therapy, cosmetology, barbering, physical therapy, osteopathy, osteopathy and surgery, chiropractic, podiatry, nursing, or persons working under prescription, supervision, or direction of any such person.
(3) Massage practiced in the athletic department of any institution maintained by the public funds of the State, or any of its political subdivisions.
(4) Massage practiced by the athletic department of any school or college accredited by the Northwest Association of Secondary and Higher Schools.
7.08.050 License application.
The application for a massage parlor or operator shall be signed by the person in whose name it is taken out and shall give the names and addresses of all persons participating in the ownership and management of the business, the exact location, the number of rooms used and the nature of the massage treatments or services. No license shall be issued until a valid State license has been obtained by the applicant and proof of such valid State license is presented to the County.
7.08.060 License fee.
The license fee for a massage parlor and for each individual massage operator is fixed at the sum of $25 per annum.
7.08.070 Inspection.
Deputy Sheriffs of Clallam County and appropriate State and Federal government officials shall have free access at all times to any massage parlor when such officers are visiting the same in the performance of their duties for the purpose of investigation. It shall be unlawful for the owner, proprietor, manager or person in charge of any massage parlor to refuse admission to such Sheriff’s officers or appropriate State or Federal officials.
7.08.080 Proper conduct required.
All massage parlors shall be conducted with proper regard for the persons patronizing the same. The improper conduct of any person conducting or employed in such establishment or suffered or permitted to remain therein shall be deemed sufficient cause for the suspension or revocation of the license to conduct the same.
7.08.090 Penalty.
Any person found guilty of violating any of the provisions of this chapter shall be guilty of a misdemeanor and subject to a penalty of a fine not to exceed $250 and/or imprisonment not to exceed ninety (90) days in the County Jail.
7.08.100 Severability.
If any section, subsection, subdivision, paragraph, sentence or clause or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof.
7.08.110 Effective date.
This chapter shall become effective immediately upon signing by the Board of County Commissioners.
Chapter 7.12
DANCE HALLSSections:
7.12.010 General purpose.
7.12.020 License fees.
7.12.030 Auditor – Licensor.
7.12.040 License subject to conditions.
7.12.050 Peace officer.
7.12.060 Restriction.
7.12.070 Duty to enforce.
7.12.080 Violation.
7.12.090 Effective date.
SOURCE: ADOPTED:
Ord. No. A, 1945 01/22/45
7.12.010 General purpose.
This chapter is for the purpose of fixing license fees and administration rules and regulations for public dances within Clallam County, and also outside the limits of incorporated cities and villages; under and pursuant to the sections of Remington Revised Statutes designated in the ordinance codified in this chapter.
7.12.020 License fees.
The annual license fee shall be $25; the quarterly license fee shall be $7.50; and the license fee for one dance shall be $1.
7.12.030 Auditor – Licensor.
Licenses hereunder shall be issued by the County Auditor of Clallam County, Washington, and no license shall be issued to any person who has been twice convicted of a violation of this chapter, or of the statutes above designated.
7.12.040 License subject to conditions.
No license shall be issued to any person or organization until it shall be shown to the satisfaction of the licensing official hereinafter named, that the building in which such dance or dances will be held fully complies with all provisions of the ordinances of Clallam County, Washington, relating to fire regulations, and with all rules and regulations of the Health Department of the State of Washington, and that such building is equipped with indoor toilet facilities.
7.12.050 Peace officer.
It shall be the duty of every dance hall operator to have on duty at all times that a dance is being held, an officer duly deputized by the Sheriff of Clallam County, whose sole duty shall be that of maintaining order, and whose services shall be paid for by such operator.
7.12.060 Restriction.
All persons under the age of eighteen (18) years, who have gained admission to dance by the purchase of a ticket, and who thereafter leave the dance hall, shall not be readmitted until he, or she, has purchased another ticket equal in price to the original price of admission; provided, however, that this provision shall not apply to members of the Armed Forces of the United States.
7.12.070 Duty to enforce.
It shall be the duty of all persons or organizations obtaining dance hall licenses to see that all of the provisions of Sections 8303-1 to 8303-7, inclusive, Remington Revised Statutes of Washington, and of this chapter are strictly enforced and observed, and failure to do so shall be sufficient cause for immediate revocation of all licenses issued hereunder.
7.12.080 Violation.
Any person who shall violate or fail to comply with any provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in any sum not exceeding $250, or by imprisonment for a term not to exceed ninety (90) days, or by both such fine and imprisonment.
7.12.090 Effective date.
This chapter shall take effect sixty (60) days from date of adoption.
Chapter 7.16
AMUSEMENT DEVICESSections:
7.16.010 Definitions.
7.16.020 Ownership of amusement devices.
7.16.030 License – Application.
7.16.040 Licensee – Good moral character.
7.16.050 License fees.
7.16.060 Annual payment.
7.16.070 License application submitted to County Auditor.
7.16.080 Revocation.
7.16.090 Proximity to school.
7.16.100 Age restriction.
7.16.110 Enforcement.
7.16.120 Severability.
SOURCE: ADOPTED:
Res. No. 13, 1951 05/07/51
AMENDED SOURCE: ADOPTED:
Ord. No. 7, 1961 10/05/61
7.16.010 Definitions.
“Amusement device” means any machine, device, contrivance, apparatus or appliance, mechanical, electrical or hand-propelled, designed to be used or used in whole or in part as an instrument or instrumentality for engaging in the use and exercise of skill by one or more persons in playing a game for the amusement and entertainment of the player or players and which is maintained commercially for such purpose, and payment is made by the insertion of a coin, or otherwise, by the player or players for such use or play, or which is maintained commercially for such purpose gratuitously as an attraction or stimulant to trade or patronage in such other line of business or endeavor in which such person is engaged; provided, that such “amusement device” specifically shall not relate to bowling alleys, penny amusement devices, punch boards, billiard and pool tables nor to coin-operated machines devoted primarily to playing music from records.
7.16.020 Ownership of amusement devices.
No owner or operator or person in charge of any place of business shall operate or permit to be in such place of business for operation, any amusement device unless the same shall be the property of a person, corporation or copartnership holding a license; and there shall be conspicuously attached to each such amusement device evidence that such amusement device is the property of a holder of an owner’s annual license and that the additional license provided for herein has been paid.
7.16.030 License – Application.
Application for licenses provided for herein shall be filed with the Board of County Commissioners accompanied by the fee provided for herein. Upon granting a license applied for, the Board of County Commissioners shall forthwith transmit the amount of the license fee to the County Treasurer to be by him paid into the general fund of the County. In the event any owner’s license applied for shall be refused by the Board of County Commissioners, the amount of the license fee shall be refunded to the applicant. Except as provided in this section, no refund shall be made for any license fees paid hereunder. Licenses issued shall not be transferable nor assigned, save that the owner’s license may be assigned or transferred with the written consent of the Board of County Commissioners.
7.16.040 Licensee – Good moral character.
No license for any amusement device shall be issued by the Board of County Commissioners except to a person of good moral character. If the applicant shall be a partnership or corporation the identity of all persons having any interest therein shall be disclosed in full upon such application. The determination of the eligibility of persons within the purport of this section shall be in the sole judgment of the Board.
7.16.050 License fees.
No amusement device shall be operated or kept for operation unless a license fee shall have been paid thereon as follows:
(1) For miniature bowling devices and shuffleboards: the sum of $6 per year for each such device;
(2) For amusement devices other than such bowling devices and shuffleboards:
(a) Owner’s License Fee. For such devices as shall be owned by a licensee other than owner or proprietor of the premises at which such device is kept or used: the sum of $150 per year for any number of such devices up to and including five (5) such identical type of devices, and the further sum of $25 for each additional such device;
(b) Proprietor’s License Fee. Such device as shall be owned by a licensee who also owns or is proprietor of such premises, the sum of $25 per year for each such device.
7.16.060 Annual payment.
Such license fees herein required shall be payable annually, the license year being deemed to commence on May 1, 1951 and on the first day of May of each succeeding year.
7.16.070 License application submitted to County Auditor.
Applications for licenses provided for herein for individual amusement devices shall be made to the County Auditor before said amusement devices are placed for operation.
7.16.080 Revocation.
The Board of County Commissioners of Clallam County shall have the right to revoke any and all licenses issued hereunder should said Board be satisfied that the licensee or person operating any of the amusement devices is doing so in contravention of the spirit and letter of this chapter; provided, however, that said Board shall give thirty (30) days’ written notice to said licensee or person operating said amusement device to appear before said Board at a time and place to be designated in the notice given by said Board, to show cause if there be any, why said license or licenses should not be revoked.
Upon receiving such notice as mentioned in the preceding paragraph, the licensee or person operating the amusement device in controversy shall suspend operation of all amusement devices in his possession or under his control pending the outcome and action of the Board pursuant to the hearing provided for.
The Board of County Commissioners shall further have the right to designate the place or places wherein such amusement devices may be operated, and it shall be unlawful to operate any such amusement device in any place where said Board shall refuse the same to be operated; provided, however should any person feel that the denial of the use of such amusement device in his place be without justification, that he be given a hearing before said Board upon application therefor to then present such reasons as he may have that said Board should reconsider its action and to also be informed by said Board of its reason for the denial.
Nothing in the above provisions regarding notice and hearing is intended or shall be construed to be in derogation of the criminal laws of the State of Washington respecting gambling or gambling devices and said machines and devices shall be displayed, operated and used for amusement only and no consideration, prize or award shall be offered or accepted for skill or score in the use thereof; provided, that immediate and uninterrupted free replay by the same player of said machine or device if tallied automatically by the machine or device itself shall not be deemed such consideration, prize or award.
7.16.090 Proximity to school.
No amusement device shall be kept, displayed or operated within 500 feet of any school.
7.16.100 Age restriction.
It shall be unlawful for any person to permit or allow any such device or machine in his possession or under his control to be played or operated by any person under the age of eighteen (18) years, and every person or employee in charge of any place of business wherein such device is being operated or offered for operation shall be conclusively presumed to be in control of such device.
7.16.110 Enforcement.
Inasmuch as this chapter is for the benefit of the life, health, welfare, safety and convenience of the inhabitants of Clallam County and is passed under the power given by the State Constitution to the County Commissioners, it is hereby made a misdemeanor to violate any of the provisions of this chapter or any amendments thereto, and such violations shall be punished as provided by the statutes of the State of Washington for the commission of a misdemeanor, and any such machine or device used or operated in violation of this chapter or of the gambling laws of the State of Washington further shall be confiscated.
7.16.120 Severability.
All provisions of existing ordinances, orders or resolutions regulating such amusement devices as are defined in CCC 7.16.010 and herein licensed shall be repealed, void and inoperative from the date this chapter takes effect, such ordinances, orders or resolutions being herein included by reference as though fully set forth.
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