Chapter 6.64
TEMPORARY SPECIAL EVENTS
Sections:
6.64.040 License requirement.
6.64.100 Definitions.
6.64.140 Exclusion.
6.64.160 Exemption under Chapter 6.54 ECC.
6.64.200 Term of license.
6.64.300 Collection by promoter.
6.64.400 License application.
6.64.550 License fee.
6.64.600 Records.
6.64.700 Penalties and interest.
6.64.800 Appeal.
6.64.850 Violations.
6.64.040 License requirement.
It shall be unlawful for any person, group of persons, partnership, association, corporation, or any other type of business entity to act as a promoter of a temporary special event without first obtaining a temporary special event license. Examples of temporary special events include, but are not limited to, trade shows, festivals, fairs, arts and crafts shows, home shows, recreational vehicle shows, boat shows, and antique shows open to the public. [Ord. 3896 § 1, 1993.]
6.64.100 Definitions.
As used in this chapter, the following terms have the meanings indicated:
“Promoter” shall mean any person, group of persons, association, partnership, corporation, or firm engaged in the business of providing any vendor, directly or indirectly, sales areas within a temporary special event location for the purpose of using such location during the term of a temporary special event license.
“Sales area” shall mean any stall, booth, stand, space, section, unit, or specified floor area within any temporary special event location where goods or services are offered or displayed by a vendor for the purpose of sale, trade, barter, exchange or advertisement.
“Temporary special event” shall mean the congregation of a minimum of six vendors who rent, lease, purchase or otherwise obtain a sales area from or through a promoter for the purpose of selling, bartering, exchanging, trading or displaying goods or services at an event which is open to the public for a period not to exceed five consecutive calendar days.
“Temporary special event location” shall mean an area, open to the public, wherein vendors congregate for the purpose of participating in a temporary special event.
“Vendor” shall mean any person, association, group, partnership, corporation or firm who exhibits goods or services in a temporary special event location provided through a licensed temporary special event promoter, for the purpose of selling, bartering, trading, exchanging or advertising such goods or services. [Ord. 3896 § 1, 1993.]
6.64.140 Exclusion.
Promoters who promote an event at which attendance is restricted and which event is not open to the public are excluded from the licensing requirement of this chapter. [Ord. 3896 § 1, 1993.]
6.64.160 Exemption under Chapter 6.54 ECC.
Vendors included under a promoter's temporary special event license are exempt from the provisions of Chapter 6.54 ECC for the term and activity for which the license was issued. [Ord. 3896 § 1, 1993.]
6.64.200 Term of license.
Each license issued under this chapter shall be limited to the number of days approved for the operation of the temporary special event for which the license was issued. No license shall be effective for more than 10 consecutive calendar days. [Ord. 3896 § 1, 1993.]
6.64.300 Collection by promoter.
The license fee required by ECC 6.64.550 shall be collected by the promoter from each vendor who intends to be included under the promoter's temporary special event license. The promoter shall be personally responsible for any sums collected, or any sum which should have been collected from a vendor. Payment of the license fee is due five business days following the end of the temporary special event. [Ord. 3934 § 1, 1994; Ord. 3896 § 1, 1993.]
6.64.400 License application.
The promoter shall submit to the city clerk, at least five business days prior to the event, a preliminary list of the vendors anticipated at the special temporary event for which the license is sought, which list shall include the vendor's name, addresses, business telephone numbers, and Washington State tax identification number, together with a general description of the goods and/or services offered by each vendor. In the event that there are changes to the preliminary list, such as the addition or deletion of vendors or the completion or correction of information required from each vendor, those changes shall be set out in a final list by the promoter and submitted to the clerk within five business days following the end of the temporary special event. [Ord. 4052 § 1, 1996; Ord. 3934 § 2, 1994; Ord. 3896 § 1, 1993.]
6.64.550 License fee.
The temporary special event license fee required to obtain a license pursuant to this chapter shall be an amount equal to $5.00 per day for each for-profit vendor participating in the temporary special event for each day of the event, not to exceed a total of $20.00 for each vendor; provided, however, any bona fide charitable, educational, religious, or nonprofit organization or club, and any vendor which is licensed pursuant to Chapter 6.54 ECC, is exempt from the licensing fee requirements of this chapter. [Ord. 3896 § 1, 1993.]
6.64.600 Records.
A promoter of a temporary special event shall maintain a record of all vendors participating in such event, and such records shall be available for inspection by the city clerk or clerk's designee during normal business hours. [Ord. 3896 § 1, 1993.]
6.64.700 Penalties and interest.
A promoter of a special temporary event who fails to file a complete license application or who fails to remit the required license fee to the city at least five business days following the end of such special temporary event shall have added to the license fee required by ECC 6.64.550 an amount equal to 10 percent of such license fee. An extension of time to file the application and/or remit the license fee may be granted by the city clerk for good cause shown. Interest may be assessed in the amount of 12 percent per annum for any unpaid license fee from the date due and owing to the city. Any fees due and unpaid and delinquent under this chapter, plus any penalty and interest payable thereon, shall constitute a debt of the promoter and may be collected by civil action. This remedy is in addition to any other remedies provided by this chapter. Failure to obtain a special temporary event license for a special temporary event shall render all vendors participating in the event subject to the provisions of Chapter 6.54 ECC. [Ord. 4052 § 2, 1996; Ord. 3934 § 3, 1994; Ord. 3896 § 1, 1993.]
6.64.800 Appeal.
Any promoter aggrieved by the amount of the temporary special event license fee required pursuant to this chapter or by any penalty or interest imposed pursuant to this chapter may appeal such fee, penalty or interest to the city council. [Ord. 3896 § 1, 1993.]
6.64.850 Violations.
Each violation of or failure to comply with the provisions of this chapter shall be a misdemeanor. Any person, firm or corporation violating this chapter shall, upon conviction, be punished by a fine not to exceed $500.00, or by a jail sentence not to exceed 90 days, or by both such fine and jail sentence. [Ord. 4052 § 3, 1996.]