Title 5
BUSINESS LICENSES AND REGULATIONS¹

Chapters:

5.04 Business Licenses

5.08 Utilities

5.12 Alcoholic Beverages

5.16 Cabarets

5.20 Repealed

5.24 Repealed

5.28 Peddlers and Solicitors

5.32 Pool, Billiards, Bowling and Shooting Galleries

5.36 Secondhand Goods

5.40 Skill Games

5.41 Use of Premises for Public Card Rooms Prohibited

5.42 Use of Premises for Commercial Amusment Games Prohibited

5.44 Taxicabs

5.48 Temporary Merchants

5.56 Adult Entertainment Business Licensing and Regulation

Chapter 5.04
BUSINESS LICENSES

Sections:

5.04.005 Chapter and purpose.

5.04.010 Power to license for regulation and/or revenue.

5.04.020 Definitions.

5.04.030 Business license required – Notices.

5.04.040 License fees.

5.04.050 Application and renewal.

5.04.060 Businesses located outside city.

5.04.070 Exemptions.

5.04.080 Investigations and background checks.

5.04.090 Nonconforming uses.

5.04.100 Inspections – Right of entry.

5.04.110 Denial, revocation or suspension of license – Generally.

5.04.120 Suspension or revocation procedure.

5.04.130 Appeal to the hearing examiner.

5.04.140 Mailing of notices.

5.04.150 Authority of finance director.

5.04.160 Disclaimer of city liability.

5.04.170 License fee additional to others.

5.04.180 Fee constitutes debt.

5.04.190 Assignment of licenses.

5.04.200 Penalties – Violations.

5.04.005 Chapter and purpose.

In order for the city to responsibly carry out the duties and authorities delegated to it by the Washington State Constitution and the laws of the state of Washington as a noncharter code city, maintenance of current information with respect to business, trade, service, commercial and professional activities carried on within the city is necessary and essential to the public health, safety and welfare. Such information can best be accumulated and maintained on a current basis through the establishment of a program for the licensing and registration of such activities. (Ord. 2225 § 1 (part), 2007)

5.04.010 Power to license for regulation and/or revenue.

The provisions of this chapter shall be deemed an exercise of the power of the city to license for revenue and to maintain current information with respect to business, trade, service, commercial and professional activities carried on within the city necessary and essential to the public health, safety and welfare. (Ord. 2225 § 1 (part), 2007)

5.04.020 Definitions.

In construing the provisions of this chapter, except when otherwise declared apparent or clearly from the context a different meaning is intended, the following definitions shall be applied:

“Business” or “occupation” shall mean and include all activities, occupations, trades, pursuits or professions located and/or engaged in, within the city, with the object of gain, benefit, profit or advantage to the person or business owner, or to another person or class, directly or indirectly, regardless of where their permanent location of business is located. Each business location shall be deemed a separate business.

“Director” means the city administrator, or any officer, agent or employee of the city designated to act on the city administrator’s behalf.

“Employee” means any person employed at any business enterprise that performs any part of their duties within the city, except casual laborers not employed in the usual course of business.

“Engaging in business” means commencing, conducting or continuing in any business, and also the exercise of corporate or franchise powers, as well as liquidating a business when the liquidators hold themselves out to the public as conducting such business.

“Finance director” means the Sumner finance director or his or her designee.

“Nonprofit” and “not-for-profit” means any activities and fund-raising sales carried on by religious, charitable, educational, benevolent, fraternal or social organizations which have been determined by the Internal Revenue Service (IRS) of the United States to be exempt from the payment of income tax or corporations registered as nonprofit by the Secretary of State’s Office.

“Person” means any individual, firm, partnership, company, corporation, association, receiver, consignee, trustee in bankruptcy, trust, estate, joint venture, club, joint stock company, business trust, society, or any group of individuals acting as a unit.

“Person or business owner” includes any person who engages in business or who is required to have a business license hereunder, or who is liable for the collection of any license fee hereunder, or who performs any act for which license fee is imposed by this chapter. (Ord. 2225 § 1 (part), 2007)

5.04.030 Business license required – Notices.

It is unlawful for any person, firm or corporation to engage in any business, occupation or pursuit, as defined in SMC 5.04.020, in the city without first having obtained a business license therefor as provided in this chapter. The business license provided for in this chapter shall be posted in a conspicuous location at the place of the business. Such business license is nontransferable. (Ord. 2225 § 1 (part), 2007)

5.04.040 License fees.

A. There is hereby levied upon and shall be collected from every person engaging in business in the city an annual license fee to identify and register businesses that are active in the city and for the privilege of engaging in business. The annual license fee shall be $40.00. The license will expire 12 months from the date of issuance.

B. If any person or business owner required by the terms and provisions of this chapter to pay a license fee for any period fails or refuses to do so, that person shall not be granted a license for the current period until such delinquent license fee, together with penalties, has been paid in full. (Ord. 2225 § 1 (part), 2007)

5.04.050 Application and renewal.

A. Application for a business license or renewal thereof shall be made by filing a master application and city addendum form through the state Department of Licensing’s Master License Service, in coordination with the finance director, giving such information as is deemed reasonably necessary to enable the enforcement of this chapter. Persons applying for a license must pay a fee as established by the city council and the Master License Service’s handling fee.

B. The finance director shall, when appropriate, refer applications to the community development department, the police department, East Pierce fire department, or other governmental agencies for their review.

C. The filing of an application for a license, or the renewal thereof, or the payment of any application or renewal fee, shall not authorize a person to engage in or conduct a business until such license has been granted or renewed.

D. A licensee must report a change of location of the business to the Master License Service, in coordination with the finance director. A change of the location of a business requires approval by the city before business may commence at the new location, and may require submitting a new master application and payment of fees.

E. License renewals are handled by the Master License Service in coordination with the city. Renewal of the city license requires payment of fees including handling fees. The city is authorized but not required to mail forms for applications for licenses, but failure of the person or business owner to receive any such forms shall not excuse the person or business owner from making application for and securing the license required and payment of the license fee. (Ord. 2225 § 1 (part), 2007)

5.04.060 Businesses located outside city.

For those businesses located outside the city and furnishing or performing services within the city, the license requirement and fee herein shall be in accordance with SMC 5.04.030 and 5.04.040 to perform any part of their duties within the city. (Ord. 2225 § 1 (part), 2007)

5.04.070 Exemptions.

Upon approval of the finance director and further provided that all other provisions of this chapter are complied with, including without limitation the requirement to obtain and maintain a current business license, the requirement to pay license fees shall not apply to the following:

A. Nonprofit organizations as defined in SMC 5.04.020, including but not limited to religious, civic, charitable, benevolent, nonprofit, cultural or youth organizations which has received tax-exempt status under IRC 501(c)(3), 26 USCA 501(c)(3), as adopted or amended; provided, that a nonprofit organization or corporation shall be required to complete the license application form;

B. Any instrumentality of the United States, state of Washington, or any political subdivision thereof, with respect to the exercise of governmental functions;

C. Any farmer or gardener who sells, delivers or peddles any fruit, vegetables, berries, butter, eggs, or any farm produce or edibles raised, gathered, produced or manufactured by such person; provided, that this exemption shall not apply to any person selling, delivering or peddling any dairy products, meat, poultry, eel, fish, mollusk or shellfish;

D. Persons engaged in irregular, casual activities such as babysitting, delivery of newspapers, casual lawn mowing, casual car washing, and other similar activities or minors engaged in a de minimis entrepreneurial venture on private residential property including, but not limited to, a lemonade stand;

E. Persons engaged in commerce using an Internet website, hobbyists, and crafters who engage in sales that do not involve home visits or physical location in the city; and

F. Businesses meeting all of the following criteria:

1. Having no employees performing work other than delivery within the city;

2. Having no salespeople soliciting sales within the city;

3. Having no installers or contractors working within the city;

4. Having no offices, warehouses or other physical location(s) within the city; and

5. Having no inventory located within the city. (Ord. 2225 § 1 (part), 2007)

5.04.080 Investigations and background checks.

A. Any application for licenses may be investigated by such departments or officers of the city as the finance director may determine.

B. All applicants for a license may be subject to a criminal background check and the results of such check may be sufficient grounds for denial of a license. (Ord. 2225 § 1 (part), 2007)

5.04.090 Nonconforming uses.

There exists a need to identify and register businesses which are active in the city in order to protect the public health, safety and welfare of the community. The issuance of a business license by the city does not constitute either approval of a business or the use of any particular parcel in the city for a business purpose. By issuing a business license, the city shall not be precluded from taking enforcement action against any use which is not authorized in the zone in which it is occurring, and does not vest the licensee with any rights to continue a nonconforming use. (Ord. 2225 § 1 (part), 2007)

5.04.100 Inspections – Right of entry.

The director, or an authorized representative of the city or East Pierce fire district, is authorized, as allowed by law, to make inspections of any licensed premises during normal hours of operation of said business and take action as may be required to enforce the provisions of the Sumner Municipal Code. (Ord. 2225 § 1 (part), 2007)

5.04.110 Denial, revocation or suspension of license – Generally.

A. Pursuant to the provisions of this chapter, no license shall be issued to the following persons:

1. Any minor under 18 years of age.

2. Any person who, if licensed, is likely to present a danger to the public health, safety or welfare by reason of any of the following:

a. The applicant or his or her employees or agents have been convicted of a crime which relates directly to the specific occupation, trade, vocation, or business for which the license is sought, provided, the time elapsed between the violation and the date of license application is less than three years for a felony conviction, or less than one year for a misdemeanor conviction;

b. Procured by fraud, false representation or material omission of fact, or for the violation of, or failure to comply with any of the provisions of this chapter by the person holding such license, or any of his/her servants, agents or employees, while acting within the scope of their employment or violates any applicable city, state or federal law;

c. The applicant has had a similar license revoked or suspended pursuant to the provisions of SMC 5.04.120.

B. The finance director shall have the power and authority to suspend or revoke any registration or license issued under the provisions of this chapter. The finance director shall notify such licensee in writing by certified mail of the suspension or revocation of its license and the grounds therefor. Any license issued under this chapter may be suspended or revoked based on one or more of the following grounds:

1. The registration was procured by fraud or false representation of fact.

2. The licensee has failed to comply with any provisions of this chapter.

3. The licensee has failed to comply with any provisions of the Sumner Municipal Code.

4. The licensee is in default in any payment of any license fee or tax under this title.

5. The licensee or employee has been convicted of a crime involving the business.

6. Licensee’s continued conduct of the business for which the license was issued will result in a danger to the public health, safety, or welfare by reason of any of the following:

a. The licensee, licensee’s employees or agents have been convicted of a crime which bears a direct relationship to the conduct of the business under the license issued pursuant to this chapter.

b. The licensee, or licensee’s agents or employees, have, in the conduct of the business, violated any law or ordinance relating to public health or safety.

c. The conduct of the business for which the license was issued has resulted in the creation of a public nuisance as defined in the SMC or in state law.

C. Upon revocation, said or similar business shall not be granted a license, upon any new application that may be made, for a period of 60 calendar days from date of revocation. The period of suspension shall be fixed by the finance director for up to and including 10 days for the first suspension and up to and including 30 days for any subsequent suspension within 12 calendar months of a prior suspension.

D. It is unlawful for any person whose license has been revoked or suspended to continue operations of the business enterprise, or to keep the license issued to him/her in his/her possession and control, and the same shall immediately be surrendered to the finance director. When revoked, the license shall be canceled, and when suspended, the finance director shall retain it during the period of suspension.

E. Upon denial of a license, the finance director shall, by certified mail, give written notice of such action to the applicant, which notice shall include a written report summarizing the complaints, objections and information received and considered by the finance director and further stating the basis for such action.

F. Any person, including city officials, may submit complaints or objections to the finance director regarding the application of a license, and the finance director is additionally authorized to request and receive information from all city departments as will tend to aid him/her in determining whether to issue or deny the license. Such information shall be confidential unless a hearing is requested on the application, or if the applicant shall request the information in writing. All information, complaints or objections shall be investigated and considered by the finance director prior to issuing, denying or renewing any license. (Ord. 2225 § 1 (part), 2007)

5.04.120 Suspension or revocation procedure.

A. Actions to suspend or revoke any license shall be commenced by filing with the finance director a written complaint setting forth in specific terms the basis therefor. The finance director shall also have authority to initiate suspension or revocation action on his or her own without a complaint. Upon receipt of such complaint, the finance director shall review the allegations set forth in the complaint and perform a preliminary review of the facts as deemed appropriate under the circumstances to determine if the allegations in the complaint may constitute cause for suspension or revocation. If the finance director determines that the allegations in the complaint may constitute cause for suspension or revocation, a copy of such complaint shall be mailed by certified mail to the licensee at his/her last address as shown by the license records of the finance director, and shall be accompanied by a notice that the license may be suspended or revoked.

B. The licensee shall, within 10 working days after receiving any such complaint, mail by certified mail to the complainant and file with the finance director his/her written answer which shall admit or deny the allegations of the complaint. The licensee may provide other information with the answer licensee deems relevant for consideration by the finance director.

C. Upon failure of any licensee to file an answer as provided in this section or in the event that no hearing is requested, as set forth below, the finance director shall investigate the allegations of the complaint and, if cause exists therefor, may recommend suspension or revocation of the license, or otherwise he/she shall dismiss the complaint; provided, that if the finance director finds upon a sufficient showing that the conduct complained of has been corrected and is unlikely to be repeated, he/she may dismiss such complaint; and provided further, that the complaint shall be dismissed where the conduct complained of has been corrected.

D. Notice of the action of the finance director summarizing his/her findings and conclusions and recommended action to be taken on the permit, if any, shall be mailed by certified mail to the complainant and to the licensee. (Ord. 2225 § 1 (part), 2007)

5.04.130 Appeal to the hearing examiner.

A. In all cases in which a complaint is dismissed, other than upon a written agreement between the complainant and the licensee, or in which the license is denied, suspended or revoked, or related action as provided for herein is taken by the city, the aggrieved party may within 10 working days from the date of the mailing of the notice of the city’s action request a hearing before the hearing examiner. The request for a hearing must be in writing, filed with the finance director and accompanied by a check in the sum of $50.00. The finance director shall transmit the request for a hearing to the hearing examiner. If no request for a hearing is received within the time specified, the city’s action shall be final.

B. The hearing before the hearing examiner shall be held according to the applicable procedures set forth in chapter 2.58 SMC. When hearing an appeal of a denial, suspension or revocation of a business license, the hearing examiner shall be guided by the standards set forth in this section. The decision of the finance director shall be given substantial weight by the hearing examiner. The hearing examiner shall give at least 10 days’ written notice of the hearing to the appellant. No public notice shall be required. The hearing examiner shall issue a decision within 14 days following the closure of the record. The hearing examiner’s decision on such business license shall represent the final action by the city, unless an appeal is filed in the Pierce County superior court within 14 calendar days from the date of the final decision of the hearing examiner requesting a review of such decision.

C. When a hearing before the hearing examiner has been requested by a licensee in connection with the suspension or revocation of a license, the license shall remain in effect pending the determination made as a result of such hearing; provided, that in cases involving a substantial threat to the public health, safety or welfare, the license may be summarily suspended and in such case the date for the hearing before the hearing examiner shall be set within five days following the filing of the request for a hearing. (Ord. 2225 § 1 (part), 2007)

5.04.140 Mailing of notices.

Any notice required by this chapter to be mailed to any person or business owner shall be sent by ordinary mail, addressed to the address of the person or business owner as shown in the records of the finance director, or if no such address is shown, to such address as the finance director is able to ascertain by reasonable effort. Failure of the person or business owner to receive any such mailed notice shall not release the person or business owner from any fees or any penalties thereon, nor shall such failure operate to extend any time limit set by the provisions of this chapter. (Ord. 2225 § 1 (part), 2007)

5.04.150 Authority of finance director.

The director shall have the power, and it shall be the director’s duty, from time to time, to adopt, publish and enforce rules and regulations not inconsistent with this chapter or with the law for the purpose of carrying out the provisions hereof, and it is unlawful to violate or fail to comply with any such rules or regulations. (Ord. 2225 § 1 (part), 2007)

5.04.160 Disclaimer of city liability.

The city of Sumner expressly finds and requires that responsibility for compliance with the provisions of this chapter rest with license applicants and their agents and that no action, inaction, or omission of the city or any of its agents or employees shall serve to assume or shift responsibility for compliance with the provisions of this chapter to any other party, including the city. Furthermore, issuance of a license pursuant to this chapter does not constitute the creation of a duty by the city to indemnify the licensee for any wrongful acts against the public, or to guarantee the quality of goods, services or expertise of a licensee. The issuance of a license does not shift responsibility from the licensee to the city for proper training, conduct or equipment of the licensee or their agents, employees or representatives, even if specific regulations require standards of training, conduct or inspection. (Ord. 2225 § 1 (part), 2007)

5.04.170 License fee additional to others.

The license fee herein levied shall be additional to any license fee imposed or levied under the law of any other chapter of the city except as herein otherwise expressly provided. (Ord. 2225 § 1 (part), 2007)

5.04.180 Fee constitutes debt.

Any license fee due and unpaid under this chapter, and all penalties thereon, shall constitute a debt to the city and may be collected by court proceedings in the same manner as any other debt in like amount, which remedy shall be in addition to all other existing remedies. (Ord. 2225 § 1 (part), 2007)

5.04.190 Assignment of licenses.

No license may be assigned or transferred. In accordance with the provisions of this chapter, a new license and payment of fees shall be required for any form of ownership change. (Ord. 2225 § 1 (part), 2007)

5.04.200 Penalties – Violations.

A. Violations. It shall be unlawful for any person to violate any of the provisions of this chapter and such person shall be subject to the penalties detailed below. Additionally, the license of the business in which a violation occurs may be revoked for such violation, whether the owner knew of or encouraged the violation.

B. Monetary Penalties.

1. Penalties. Any person who operates a business without a license or fails to renew a business license issued pursuant to this chapter shall be deemed to have committed an infraction and shall be assessed a maximum penalty of $250.00. This penalty shall be in addition to the required license fee.

2. Collection. Any license fee due and unpaid and delinquent under this chapter shall constitute a debt of the city. The city may, pursuant to chapter 19.16 RCW, use a collection agency to collect unpaid fees or taxes owed or assessed, or it may seek collection by court proceedings, which remedies shall be in addition to all other remedies.

C. Criminal Penalties for Repeat Violations. A second or repeat violation of any provision of this chapter shall constitute a misdemeanor punishable by a fine of a sum not exceeding $1,000 or by imprisonment not exceeding 90 days or by both such fine and imprisonment. Each separate day or portion thereof during which any violation of any provision of this chapter shall constitute a separate violation and, upon conviction thereof, shall be punished as provided in this section. (Ord. 2225 § 1 (part), 2007)

Chapter 5.08
UTILITIES

Sections:

5.08.010 Exercise of power to license.

5.08.020 Occupation license required.

5.08.030 Rate of tax.

5.08.040 Deductions.

5.08.050 Payment.

5.08.060 Records.

5.08.070 Late payment – Penalty.

5.08.080 Overpayments.

5.08.090 Rules and regulations.

5.08.100 Violation – Penalty.

5.08.010 Exercise of power to license.

The provisions of this chapter shall be deemed to be an exercise of the power of the city to license for revenue. (Ord. 588 § 1, 1955. Prior code § 4.08.010)

5.08.020 Occupation license required.

After September 30, 1955, no person, firm or corporation shall engage in or carry on any business, occupation, act or privilege for which a tax is imposed by SMC 5.08.030 without first having obtained, and being the holder of, a license so to do, to be known as an occupation license. Each such person, firm or corporation shall promptly apply to the clerk-treasurer for such license upon such forms as the clerk-treasurer prepares and provides, giving such information as the clerk-treasurer deems reasonably necessary to enable him to administer and enforce this chapter, and, upon acceptance of such application by the clerk-treasurer, he shall thereupon issue such license to the applicant. Such occupation license shall be personal and nontransferable and shall be valid as long as the licensee continues in the business and complies with this chapter. (Ord. 588 § 2, 1955. Prior Code § 4.08.020)

5.08.030 Rate of tax.

A. From and after January 1, 1982, there is hereby levied upon, and there shall be collected from, every person, firm or corporation engaged in carrying on or furnishing, for a monetary consideration, the city of Sumner and the inhabitants thereof, with electricity and electrical energy for lighting, heating, power and other public purposes, within or partly within the corporate limits of the city, an annual tax for the privilege of so doing, such tax to be equal to five and one-quarter percent of the total gross subscribers’ revenues from business and residential electrical power service in the city; provided, that from and after June 1, 2008, the revenue derived from individual users of the service shall not be taxed in excess of the sum of $1,500 per month, and any tax due on the revenue derived from the individual users of said service, above the sum of $1,500 per month, is hereby abated.

B. From and after January 1, 1982, there is hereby levied upon, and there shall be collected from, every person, firm or corporation engaged in carrying on or furnishing, for a monetary consideration, a telephone business for hire, within or partly within the corporate limits of the city, an annual tax for the privilege of so doing, such tax to be equal to five and one-quarter percent of the total gross operating revenues, excluding revenues from intrastate toll, derived from the operation of such business within the city of Sumner. Gross operating revenues for this purpose shall not include charges which are passed on to the subscribers by a telephone company pursuant to tariffs required by regulatory order to compensate for the cost to the company of the tax imposed by this chapter; provided, that from and after June 1, 2008, the revenue derived from individual users of the service shall not be taxed in excess of the sum of $1,500 per month, and any tax due on the revenue derived from the individual users of the service, above the sum of $1,500 per month, is hereby abated.

“Telephone business” means the business of providing access to a local telephone network, local telephone network switching service, toll service, or coin telephone services, or providing telephonic, video, data, or similar communication or transmission for hire, via a local telephone network, toll line or channel, or similar communication or transmission system. It includes cooperative or farmer line telephone companies or associations operating an exchange. “Telephone business” does not include the providing of competitive telephone service, nor the providing of cable television service.

“Competitive telephone service” means the providing by any person of telephone equipment, apparatus or service, other than toll service, which is of a type which can be provided by persons that are not subject to regulation as telephone companies under RCW Title 80 and for which a separate charge is made.

C. From and after January 1, 1982, there is hereby levied upon, and there shall be collected from, every person, firm or corporation engaged in carrying on or furnishing, for a monetary consideration, natural gas or manufactured gas for lighting, heating, power and other public purposes, within or partly within the corporate limits of the city, an annual tax for the privilege of so doing, such tax to be equal to five and one-quarter percent of the total gross subscribers’ revenues from business and residential gas service, both natural and manufactured, in the city; provided, however, that from and after June 1, 2008, the revenue derived from individual users of the service shall not be taxed in excess of the sum of $1,500 per month, and any tax due on the revenue derived from the individual users of the service, above the sum of $1,500 per month, is hereby abated. (Ord. 2251 § 1, 2008: Ord. 1411 § 1 (part), 1988: Ord. 1400 § 1, 1987: Ord. 1181 § 1, 1981: Ord. 1044 § 1, 1977: Ord. 1038 § 1, 1976: Ord. 652, 1958: Ord. 588 § 3, 1955 . Prior code § 4.08.030)

5.08.040 Deductions.

In computing the annual tax there shall be deducted from the gross operating revenues the following items:

A. The amount of credit losses and uncollectibles actually sustained by the taxpayer;

B. Amounts derived from transactions in interstate or foreign commerce or from any business which the city is prohibited from taxing under the constitutions of the United States or the state of Washington. (Ord. 588 § 4, 1955. Prior code § 4.08.040)

5.08.050 Payment.

The tax imposed by SMC 5.08.030 shall be due and payable semiannually on February 15th in each year for the six-month period ending December 31st of the preceding year, and on August 15th in each year for the six-month period ending June 30th of that year; provided, that the first payment made under this chapter shall be made on February 15th, 1956, for the three-month period ending December 31st, 1955. On or before the due date the taxpayer shall file with the clerk-treasurer a written return, upon such form and setting forth such information as the clerk-treasurer reasonably requires, together with the payment of the amount of the tax. (Ord. 588 § 5, 1955. Prior Code § 4.08.050)

5.08.060 Records.

Each taxpayer shall keep records reflecting the amount of his said gross operating revenues, and such records shall be open at all reasonable times to the inspection of the clerk-treasurer, or his duly authorized subordinates, for verification of said tax returns or for the fixing of the tax of a taxpayer who fails to make such returns. (Ord. 588 § 6, 1955. Prior code § 4.08.060)

5.08.070 Late payment – Penalty.

If any person, firm or corporation subject to this chapter fails to pay any tax required by this chapter within 30 days after the due date thereof, there shall be added to such tax a penalty of 10 percent of the amount of such tax, and any tax due under this chapter and unpaid, and all penalties thereon, shall constitute a debt to the city and may be collected by court proceedings, which remedy shall be in addition to all other remedies. (Ord. 588 § 7, 1955. Prior code § 4.08.070)

5.08.080 Overpayments.

Any money paid to the city through error or otherwise not in payment of the tax imposed by this chapter or in excess of such tax shall, upon request of the taxpayer, be credited against any tax due or to become due from such taxpayer under this chapter or, upon the taxpayer’s ceasing to do business in the city, be refunded to the taxpayer. (Ord. 588 § 8, 1955. Prior code § 4.08.080)

5.08.090 Rules and regulations.

The city administrator is authorized to adopt, publish and enforce from time to time, such rules and regulations for the proper administration of this chapter as shall be necessary and it is a violation of this chapter to violate or to fail to comply with any such rule or regulation lawfully promulgated under this section. (Ord. 1352 § 2, 1986: Ord. 588 § 11, 1955. Prior code § 4.08.110)

5.08.100 Violation – Penalty.

Any person, firm or corporation subject to this chapter who fails or refuses to apply for an occupation license or to make the tax returns or to pay the tax when due, or makes any false statement or representation in or in connection with any such application for an occupation license or such tax return, or otherwise violates or refuses or fails to comply with this chapter, is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $1,000 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. (Ord. 1352 § 1, 1986: Ord. 1075 § 6, 1978: Ord. 588 § 9, 1955. Prior code § 4.08.090)

Chapter 5.12
ALCOHOLIC BEVERAGES

Sections:

5.12.010 Statutes adopted by reference.

5.12.020 Violation – Penalty.

5.12.010 Statutes adopted by reference.

Pursuant to the authority contained in RCW 35A.12.140, the following sections of RCW Titles 26 and 66, and WAC Title 314, relating to alcoholic beverages, are hereby adopted by reference:

RCW

26.28.080

(1) (4) Certain acts prohibited – Belief minor in representative capacity, no defense – Penalty.

66.04.010 Definitions.

66.20.180 Card identification to be presented on request of licensee.

66.20.190 Identification card holder may be required to sign certification card – Contents – Procedure – Statement.

66.20.200 Unlawful acts relating to card identification and certification card – Penalty.

66.24.480 Bottle club – License required.

66.24.481 Public place or club – License or permit required – Penalty.

66.28.090 Licensed premises or banquet permit premises open to inspection – Failing to allow, violation.

66.44.010 Local officers to enforce law – Authority of board – Liquor enforcement officers.

66.44.040 Sufficiency of description of offenses in complaints, information, process, etc.

66.44.050 Description of offense in words of statutes – Proof required.

66.44.060 Proof of unlawful sale establishes prima facie intent.

66.44.070 Certified analysis is prima facie evidence of alcoholic content.

66.44.080 Service of process on corporation.

66.44.090 Acting without license.

66.44.100 Opening or consuming liquor in public place – Penalty.

66.44.130 Sales of liquor by drink or bottle.

66.44.140 Unlawful sale, transportation of spirituous liquor without stamp or seal – Unlawful operation, possession of still or mash.

66.44.150 Buying liquor illegally.

66.44.160 Illegal possession, transportation of alcoholic beverages.

66.44.170 Illegal possession of liquor with intent to sell – Prima facie evidence, what is.

66.44.175 Every person who violates any provision of this title or the regulations shall be guilty of a violation of this title whether otherwise declared or not.

66.44.180 General penalties – Jurisdiction for violations.

66.44.200 Sales to persons apparently under the influence of liquor.

66.44.210 Obtaining liquor for ineligible person.

66.44.240 Drinking in public conveyance – Penalty against carrier – Exception.

66.44.250 Drinking in public conveyance – Penalty against individual – Restricted application.

66.44.265 Candidates giving or purchasing liquor on election day prohibited.

66.44.270 Furnishing liquor to minors – Possession, use – Exhibition of effects – Exceptions.

66.44.280 Minor applying for permit.

66.44.290 Minor purchasing or attempting to purchase liquor.

66.44.291 Minor purchasing or attempting to purchase liquor – Penalty against persons between ages of eighteen and twenty, inclusive.

66.44.300 Treating minor, etc., in public place where liquor sold.

66.44.310 Minor frequenting taverns or cocktail lounges – Misrepresentation of age – Penalty – Classification of licenses.

66.44.316 Certain persons eighteen years and over permitted to enter and remain upon licensed premises during employment.

66.44.320 Sales of liquor to minors a violation.

66.44.325 Unlawful transfer to a minor of an identification of age.

66.44.328 Preparation or acquisition and supply to person under age twenty-one of facsimile of official identification card – Penalty.

66.44.330 Prosecutions to be reported by prosecuting attorney and police court. [See RCW 35.21.170 and 36.27.020 (13)].

66.44.340 Employees eighteen years and over allowed to sell and handle beer and wine for Class E and/or F licensed employers.

66.44.350 Employees eighteen years and over allowed to serve and carry liquor, clean up, etc., for Class A, C, D and/or H licensed employers.

66.44.370 Resisting or opposing officers in enforcement of title.

WAC

314-16-050 Hours of operation.

314-16-120 Conduct on licensed premises.

314-16-125 Suggestive, lewd and/or obscene conduct on licensed premises.

(Ord. 1792 § 1, 1997: Ord. 1613 § 1, 1994; Ord. 1217 § 1, 1983)

5.12.020 Violation – Penalty.

Every person found guilty of a violation of this chapter for which no penalty has been specifically provided shall be liable, on conviction, for a first offense to a penalty of not more than $300.00, or to imprisonment for not more than 30 days, or both; for a second or subsequent offense to a penalty of not more than $500.00, or to imprisonment for not more than six months, or both. If the offender convicted of an offense referred to in this chapter is a corporation, it shall for a first offense be liable to a penalty of not more than $300.00, and for a second or subsequent offense to a penalty of not more than $500.00. (Ord. 1217 § 2, 1983)

Chapter 5.16
CABARETS

Sections:

5.16.010 Definitions.

5.16.020 License – Required.

5.16.030 Licensing restrictions.

5.16.040 License – Application – Issuance.

5.16.050 License – Fee.

5.16.060 License – Expiration.

5.16.070 License – Revocation – Hearing.

5.16.080 Authority of state board.

5.16.090 Nudity or exposure.

5.16.100 Violation – Penalty.

5.16.010 Definitions.

As used in this chapter:

A. “Cabaret” means any room, place, or space whatsoever in the city in which any music, singing, dancing, 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. The words “music and entertainment” as used in this chapter shall not apply to radios or mechanical devices.

B. “Liquor” means all beverages defined in RCW 66.04.200.

C. “Person” means one or more natural persons of either sex, firms, copartnerships and corporations; whether acting by themselves or by servant, agent or employee. (Ord. 961 § 1 (part), 1973. Prior code § 4.36.010)

5.16.020 License – Required.

It is unlawful for any person to conduct, manage or operate a cabaret unless such person is the holder of a valid and subsisting license from the city so to do, obtained in the manner herein provided. (Ord. 961 § 1 (part), 1973. Prior code § 4.36.020)

5.16.030 Licensing restrictions.

No license shall be issued to:

A. A person who is not a citizen of the United States, except when in contravention of treaty;

B. A person who has not resided in the state for at least one month prior to making application;

C. A person who has been convicted of a felony within five years prior to filing application;

D. 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;

E. A copartnership, unless all the members thereof shall be qualified to obtain a license as provided in this chapter;

F. A person who has been convicted of a violation of any federal or state law or city ordinance concerning the manufacture, possession, or sale of liquor subsequent to the passage of the Washington State Liquor Act, or has forfeited his bond to appear in court to answer charges of any such violation;

G. A person who has been convicted of a violation of any federal or state law or city ordinance concerning the manufacture, possession or sale of narcotics;

H. A corporation, unless all of the officers, directors and stockholders thereof shall be qualified to obtain a license as provided herein. Such license shall be issued to the manager or other directing head thereof. (Ord. 961 § 1 (part), 1973. Prior code § 4.36.030)

5.16.040 License – Application – Issuance.

Application for such license shall be made to the clerk-treasurer, together with a receipt from the city for the amount of the license in full. Upon receipt of such application the facts relative thereto shall be transmitted to the chief of police, who shall immediately investigate such premises. The chief of police shall report to the city council the result of his investigation relative to the character of the proposed licensed premises and the conduct of patrons thereof. After due consideration of such information, if the city council deems that the issuance of license to such premises is for the best interest of the community, they shall so advise the clerk-treasurer, who shall thereupon issue such license. If, however, it is determined by the city council from such investigation by the chief of police that the issue of such license would be opposed to the best interest of the community, they shall so advise the clerk-treasurer who shall thereupon deny such license. The action of the city council shall be final. (Ord. 961 § 1 (part), 1973. Prior code § 4.36.040)

5.16.050 License – Fee.

Any person desiring to operate a cabaret shall first procure a cabaret license at a cost of $150.00 per year. (Ord. 961 § 2, 1973. Prior code § 4.36.050)

5.16.060 License – Expiration.

There shall be no prorating of the fee mentioned in SMC 5.16.050, and such license shall expire on December 31st of each year; except that in the event that the original application is made subsequent to June 30th, then one-half of the annual license fee may be accepted for the remainder of the year. The license shall not be assignable. (Ord. 961 § 3, 1973. Prior Code § 4.36.060)

5.16.070 License – Revocation – Hearing.

The city council reserves unto itself the power to revoke any license issued under the provisions of this chapter at any time which at any time was procured by fraud or false representation of fact; or for the violation of any of, or failure to comply with, the provisions of this chapter by the person holding such license or any of his servants, agents or employees of any crime or offense involving moral turpitude committed on the premises in which the cabaret is conducted; or in the event that it is determined that the further operation of said cabaret would be detrimental to the public peace, health or welfare of the city. Before revoking any such license the city council shall, upon at least 10 days’ notice to the licensee, hold a hearing concerning such revocation, at which time the licensee shall be entitled to be heard and introduce the testimony of witnesses. The action of the city council after such hearing, relative to such revocation shall be final. (Ord. 961 § 4, 1973. Prior code § 4.36.070)

5.16.080 Authority of state board.

Any license issued pursuant to this chapter shall be subject to any rules or regulations of the Washington State Liquor Control Board relating to the sale of intoxicating liquor, and any violation of the rules and regulations shall be grounds for revocation of the license. (Ord. 961 § 5, 1973. Prior code § 4.36.080)

5.16.090 Nudity or exposure.

It is unlawful for any person to allow within a cabaret any person who is nude or seminude, or any person who is making any open or indecent or obscene exposure of himself or herself. (Ord. 961 § 6, 1973. Prior code § 4.36.090)

5.16.100 Violation – Penalty.

Any person, firm or corporation who violates any of the provisions of this chapter or fails to comply with any of the requirements thereof is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $1,000 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. (Ord. 1367 § 1, 1986: Ord. 1075 § 17, 1978: Ord. 961 § 7, 1973. Prior code § 4.36.100)

Chapter 5.20
MASSAGE PARLORS

(Repealed by Ord. 2043)

Chapter 5.24
MERCHANT PATROLMEN – PRIVATE DETECTIVES

(Repealed by Ord. 2225)

Chapter 5.28
PEDDLERS AND SOLICITORS

Sections:

5.28.010 Definitions.

5.28.020 License required.

5.28.030 Exemptions.

5.28.040 License application – Information required.

5.28.050 License fee.

5.28.060 Mobile ice cream carts.

5.28.070 Investigation of applicants.

5.28.080 Issuance of license.

5.28.090 Time restrictions.

5.28.100 Carrying of license required.

5.28.110 Prohibited practices.

5.28.120 Denial, revocation or suspension of license – Generally.

5.28.130 Suspension or revocation procedure.

5.28.140 Appeal to the hearing examiner.

5.28.150 Violation – Penalty.

5.28.010 Definitions.

Except as otherwise expressly declared or clearly apparent from the context to which used, the following definitions shall be applied in construing the provisions of this chapter.

A. “Peddler” means all persons, including both principals and agents, as well as employers and employees, who go from place to place or house to house, or by indiscriminately approaching individuals, trading, dealing, carrying, exposing or offering for sale any goods, wares, merchandise or services of any type, sales by sample or for future delivery, and executory contracts of sale by peddlers; provided, however, that this is not deemed applicable to any salesperson or canvasser while soliciting trade from wholesale or retail dealers in the city.

B. “Solicitor” or “canvasser” means person or persons either as a principal or agent who goes from place to place within the city and who sells, takes orders for or offers to sell any goods, wares or merchandise, whether or not collecting in advance for such goods, wares or merchandise; or seeks contributions or donations to private causes as opposed to tax-exempt charities; or seeks opinions, preferences or other information for commercial purposes. (Ord. 1650 § 1, 1994)

5.28.020 License required.

It is unlawful for any person to engage in the business of peddler, solicitor or canvasser as defined herein within the corporate limits of the city without first obtaining a license provided herein. (Ord. 1650 § 2, 1994)

5.28.030 Exemptions.

Notwithstanding the requirements of SMC 5.28.020, unless otherwise noted, the following shall be exempted from the requirement to apply for and obtain a business license:

A. Newspaper carriers, whether subscriptions are taken or not;

B. Any farmer, gardener or other person selling, delivering or peddling any fruit, vegetables, berries, eggs or any farm produce or edibles raised, gathered, produced or manufactured by such person; provided, that this exemption shall not apply to any person selling, delivering or peddling any dairy product, meat, poultry, eel, fish, mollusk or shellfish;

C. Charitable or religious or non-profit organization or corporation which has the tax-exempt status under IRC 501(c)(3), 26 USCA 501(c)(3), as adopted or amended;

D. Bona fide candidates, campaign workers and political committees campaigning on behalf of candidates or on ballot issues, and persons soliciting signatures of registered voters or petitions to be submitted to any governmental agency;

E. Persons who, after having been specifically requested by another to do so, call upon that other person for the purpose of displaying for possible purchase goods, literature or giving information about any article, thing, product, or service. (Ord. 1650 § 3, 1994)

5.28.040 License application – Information required.

Licenses are obtained as follows:

A. Any person, firm, or other organization desiring to secure a license for peddling, soliciting, canvassing or for a mobile ice cream cart, shall file a sworn application in writing to the city clerk on forms provided by the city. The application shall set forth as to the principal or employer applicant the following information:

1. The name, address and telephone number of the applicant person, corporation, partnership or other organization;

2. In the event the name or address of the applicant has changed within the last two years, each name and address used over the last two-year period;

3. If a corporation, the names, addresses and telephone numbers of the corporation’s board of directors and principal officers, unless the city determines that providing such information will prove unduly burdensome;

4. A list of all other cities, towns, and counties where the applicant has obtained a peddler’s permit or similar permit within the past five years;

5. The nature or character of the goods, wares, merchandise or services to be offered by each principal applicant;

6. Any and all facts relating to any conviction of crimes during the past 10 years as such information may be required by the city on the application form;

7. A list of the persons originally contemplating peddling within the city, and the information required in subparagraph “B” below as to each;

8. The name, address and telephone number (business and home) of the individual acting as a manager of the principal applicant; and

9. Such other information as reasonably required by city officials.

B. For each person peddling, soliciting, canvassing or peddling ice cream products from any vehicle, including those who serve as an agent or employee pursuant to a principal application and license as required by this chapter, the following information shall be provided to the city clerk on forms provided by the city and shall set forth as to each such person the following:

1. Name, address and telephone number;

2. In the event the name or address of the applicant has changed within the last two years, each name and address used over the last two-year period;

3. The name, address and telephone number of the person, firm or other organization holding the principal license;

4. Date of birth and general personal description as required by the city;

5. Any and all facts relating to any conviction of crimes for the past 10 years as such information may be required by the city on the application form;

6. The nature or character of the goods, wares, merchandise or services to be offered by the applicant; and

7. Such other information as reasonably required by city officials. (Ord. 1650 § 4, 1994)

5.28.050 License fee.

The license fee for a peddler, solicitor or canvasser, except ice cream products sold from any mobile ice cream cart, shall be $10.00 per day for each person. The license fee for any mobile ice cream cart selling ice cream products shall be $10.00 per month, for each mobile ice cream cart. (Ord. 1650 § 5, 1994)

5.28.060 Mobile ice cream carts.

A. No person, firm or corporation, shall peddle or offer for sale any ice cream products from any vehicle on any public street, alley or sidewalk within the city; provided, however, that upon being properly licensed as provided in SMC 5.28.050, prepackaged ice cream products may be sold from any mobile ice cream cart on nonarterial streets in residential areas and, upon the request of the licensee, on those arterial streets in residential areas specifically designated and authorized by the chief of police of the city, and shall be subject to the requirements and conditions set out in this section.

B. Mobile ice cream carts shall not:

1. Be operated in such a manner as to impede the normal usage of the arterial streets;

2. Stop on the traveled portion of the street or within 50 feet from a corner to dispense ice cream;

3. Stop in dangerous locations for dispensing ice cream, such as on streets with inadequate shoulders and restricted sight distance;

4. Be operated on any arterial street during the peak hours of traffic, generally between 7:00 and 9:00 a.m. and between 4:00 and 6:00 p.m., Monday through Friday.

C. As used in this chapter:

1. “Ice cream products” mean ice cream, ice milk, water ices, or similar frozen or semifrozen article.

2. “Mobile ice cream cart” means small scooter-type vehicles with engines not exceeding 20 maximum brake horsepower. (Ord. 1650 § 6, 1994)

5.28.070 Investigation of applicants.

It shall be the duty of the chief of police to investigate each application made under SMC 5.28.040. In his investigation, the chief of police shall determine:

A. The genuineness of all credentials presented by the principal applicant and/or the individual applicant;

B. If the principal applicant and/or the individual applicant has a criminal record; and

C. The truth of the facts set forth in the application.

The chief of police shall endeavor to complete such investigation within five working days after receipt of the application. (Ord. 1650 § 7, 1994)

5.28.080 Issuance of license.

If, after the completion of the investigation, the chief of police determines that the facts set forth in the application are true, then the chief shall approve the application, and the city clerk may issue the license. The license shall not be transferable. No license shall be issued until the conclusion of the police chief’s investigation of the application. A license shall not be issued to a principal applicant if the investigation reveals the principal applicant has been convicted of any crime involving fraud or misrepresentation within the past 10 years. If the applicant is an individual, he or she shall not be issued a license if the application investigation reveals that he or she has been convicted of any crime involving fraud or misrepresentation, burglary or rape within the past 10 years. (Ord. 1650 § 8, 1994)

5.28.090 Time restrictions.

No person shall engage in peddling within the city, except between the hours of 9:00 a.m. and 9:00 p.m. (Ord. 1650 § 9, 1994)

5.28.100 Carrying of license required.

The license required by this chapter and a photo identification shall be carried at all times by each peddler for whom issued when peddling in the city, and shall be exhibited by any such peddler whenever and wherever he or she shall be requested to do so by any police officer, city official or any person solicited. (Ord. 1650 § 10, 1994)

5.28.110 Prohibited practices.

It shall be unlawful for any person, while engaged or attempting to engage in peddling, soliciting or canvassing within the city, to:

A. Enter upon any other person’s private property, any home, residence, apartment complex or business that prominently displays a “No Peddlers” or “No Solicitors” sign, or any other similar sign that communicates the occupants’ desire not to be contacted by peddlers or solicitors.

B. Persist or continue in any solicitation or attempted solicitation of any particular member or members of the general public if such person or persons do not wish or desire any further solicitation efforts.

C. Deliver any handbills or other material of any nature, whatsoever, without ensuring that all handbills and materials which are discarded in any public place are removed and cleared by the person making the solicitations from such public place or places, within three hours of the distribution of the handbills. (Ord. 1650 § 11, 1994)

5.28.120 Denial, revocation or suspension of license – Generally.

A. In addition to the other penalties provided by law, any license issued under the provisions of this chapter (or its predecessor) may be denied, revoked or suspended at any time, where the same was:

1. Procured by fraud, false representation or material omission of fact, or for the violation of, or failure to comply with any of the provisions of this chapter by the person holding such license, or any of his/her servants, agents or employees, while acting within the scope of their employment; or

2. If the licensee violates any applicable city, state or federal law, or if the purpose for which the license was issued is being abused to the detriment of the public, or if such license is being used for a purpose different from that for which it was issued. No license shall be revoked or suspended except in accordance with the procedures provided in this chapter.

B. Upon revocation, the individual firm or corporation shall not be granted a license, upon any new application that may be made, for a period of 60 calendar days from date of revocation. The period of suspension shall be fixed by the city clerk for up to and including 10 days for the first suspension and up to and including 30 days for any subsequent suspension within 12 calendar months of a prior suspension.

C. It is unlawful for any person whose license has been revoked or suspended to continue in the business of peddler, solicitor or canvasser, or to keep the license issued to him/her in his/her possession and control, and the same shall immediately be surrendered to the city clerk. When revoked, the license shall be canceled, and when suspended, the city clerk shall retain it during the period of suspension.

      D. Upon denial of a license, the city clerk shall, by certified mail, give written notice of such action to the applicant, which notice shall include a written report summarizing the complaints, objections and information received and considered by the city clerk and further stating the basis for such action. (Ord. 1650 § 12, 1994)

5.28.130 Suspension or revocation procedure.

A. Actions to suspend or revoke any license shall be commenced by filing with the city clerk a written complaint setting forth in specific terms the basis therefor. Upon receipt of such complaint, the city clerk shall review the allegations set forth in the complaint and perform a preliminary review of the facts as deemed appropriate under the circumstances to determine if the allegations in the complaint may constitute cause for suspension or revocation. If the city clerk determines that the allegations in the complaint may constitute cause for suspension or revocation, a copy of such complaint shall be mailed by certified mail to the licensee at his/her last address as shown by the license records of the city clerk, and shall be accompanied by a notice that the license may be suspended or revoked.

B. The licensee shall, within 10 working days after receiving any such complaint, mail by certified mail to the complainant and file with the city clerk his/her written answer which shall admit or deny the allegations of the complaint. The licensee may provide other information with the answer licensee deems relevant for consideration by the city clerk.

C. Upon failure of any licensee to file an answer as provided in this section, or in the event that no hearing is requested, as set forth below, the city clerk shall investigate the allegations of the complaint and, if cause exists therefor, may recommend suspension or revocation of the license, or otherwise he/she shall dismiss the complaint; provided that, if the city clerk finds upon a sufficient showing that the conduct complained of has been corrected and is unlikely to be repeated, he/she may dismiss such complaint; and provided further, that the complaint shall be dismissed where the conduct complained of has been corrected.

D. Notice of the action of the city clerk summarizing his/her findings and conclusions and recommended action to be taken on the permit, if any, shall be mailed by certified mail to the complainant and to the licensee. (Ord. 1650 § 13, 1994)

5.28.140 Appeal to the hearing examiner.

A. In all cases in which a complaint is dismissed, other than upon a written agreement between the complainant and the licensee, or in which the license is denied, suspended or revoked, or related action as provided for herein is taken by the city, the aggrieved party may within 10 working days from the date of the mailing of the notice of the city’s action, request a hearing before the hearing examiner. The request for a hearing must be in writing, filed with the city clerk and accompanied by a check in the sum of $50.00. The city clerk shall transmit request for a hearing to the hearing examiner. If no request for a hearing is received within the time specified, the city’s action shall be final.

B. The hearing before the hearing examiner shall be held according to the applicable procedures set forth in chapter 2.58 SMC. The decision of the city clerk shall be given substantial weight by the hearing examiner. The hearing examiner shall give at least 10 days written notice of the hearing to the appellant. No public notice shall be required. The hearing examiner shall issue a decision within 14 days following the closure of the record. The hearing examiner’s decision on such license shall represent the final action by the city, unless an appeal is filed in the Pierce County Superior Court within 14 calendar days from the date the final decision of the hearing examiner is rendered requesting a review of such decision.

C. When a hearing before the hearing examiner has been requested by a licensee in connection with the suspension or revocation of a license, the license shall remain in effect pending the determination made as a result of such hearing; provided that in cases involving a substantial threat to the public health, safety or welfare, the license may be summarily suspended and in such case the date for hearing before the hearing examiner shall be set within five days following the filing of the request for a hearing. (Ord. 1650 § 14, 1994)

5.28.150 Violation – Penalty.

The person, firm or corporation who violates or fails to comply with any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000, or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. (Ord. 1650 § 15, 1994)

Chapter 5.32
POOL, BILLIARDS, BOWLING AND SHOOTING GALLERIES

Sections:

5.32.010 License required.

5.32.020 Violation – Penalty.

5.32.010 License required.

Before any person or persons keeps or permits to be kept or used for hire or compensation any billiard, pool, or pigeon hole table or tables, or any bowling alley, or shooting gallery, in the city of Sumner, he or they shall first take out a license therefor, for which he or they shall pay to the city the sum of $25.00 per year for each table, bowling alley or shooting gallery, and shall comply with and be governed by the further provisions of this chapter. (Ord. 1075 § 10, 1978: Ord. 146 § 1, 1909. Prior code § 4.16.010)

5.32.020 Violation – Penalty.

Any person or persons violating this chapter or any of its provisions, shall upon conviction be fined in any sum not less than $25.00, and $10.00 attorney’s fees shall be taxed as part of the costs in each case, and their or his license shall be revoked without the right to any refund. (Ord. 146 § 6, 1909. Prior code § 4.16.020)

Chapter 5.36
SECONDHAND GOODS

Sections:

5.36.010 Definitions.

5.36.020 License – Required.

5.36.030 License – Fee.

5.36.040 Record of transactions.

5.36.050 Daily report to police.

5.36.060 Goods to be held 10 days.

5.36.070 Receipt of goods from certain persons.

5.36.010 Definitions.

As used in this chapter:

A. Any person, firm or corporation engaged in whole or in part in the business of buying, selling or trading in secondhand goods shall be deemed to be a “dealer” in secondhand goods.

B. “Secondhand goods” means and includes any and all used or secondhand goods, purchased or kept for sale by a dealer in secondhand goods, including auto wrecking yards; provided, however, that such terms shall not be construed to include the business of operating a public garage, a shop for the repair of motor vehicles, or the business of dealing in used or secondhand motor vehicles. (Ord. 799 § 2, 1966. Prior code § 4.24.020)

5.36.020 License – Required.

It is unlawful for any person, firm or corporation to engage in the business of buying, selling or trading in secondhand goods in the city without first obtaining a license pursuant to the provisions of this chapter. (Ord. 799 § 1, 1966. Prior code § 4.24.010)

5.36.030 License – Fee.

The license fee for the business of dealing in miscellaneous secondhand goods shall be the same as provided in SMC 5.04.050. (Ord. 1075 § 13, 1978: Ord. 799 § 7, 1966. Prior Code § 4.24.070)

5.36.040 Record of transactions.

It shall be the duty of every secondhand dealer to maintain at his place of business a permanent record in which shall be written at the time of any transaction the following information: the date of the transaction, the name of the person conducting the same, the printed name, written signature, and address of the person with whom the transaction is had, the address of the place from which the property was last removed, an accurate description of the property bought, including serial numbers of all articles so marked, and any inscriptions or other identifying marks, and an itemized statement of the price or amount paid for the property purchased. (Ord. 799 § 3, 1966. Prior code § 4.24.030)

5.36.050 Daily report to police.

It shall be the duty of every dealer in secondhand goods to furnish to the chief of police at his office before noon of each day, on such forms as may be provided by the city, a full, true and correct record of each transaction had at his place of business on the previous day, as called for on the form. Secondhand goods taken on consignment or in trade will be recorded in the same manner as goods purchased outright, provided that when the only secondhand goods at any time handled by a licensee are those taken in trade or part payment by the licensee for new goods of a similar kind, the police report as herein provided shall not be required, and such transaction shall be recorded only in the book of the licensee maintained at the place of business. (Ord. 799 § 4, 1966. Prior code § 4.24.040)

5.36.060 Goods to be held 10 days.

No dealer in secondhand goods shall sell or dispose of any article received or purchased by him constituting secondhand goods as herein defined, or shall remove or permit the same to be removed from his place of business within 10 days after receipt of the goods has been reported to the chief of police as provided in this chapter. (Ord. 799 § 5, 1966. Prior code § 4.24.050)

5.36.070 Receipt of goods from certain persons.

No dealer in secondhand goods shall purchase or receive such goods from any person under the influence of intoxicating liquor, from any person under the age of 21 years, from any habitual drunk, from any person who is known to him to be a thief or receiver of stolen property, or any person he has reason to believe or suspect to be such a person. (Ord. 799 § 6, 1966. Prior code § 4.24.060)

Chapter 5.40
SKILL GAMES

Sections:

5.40.010 Person defined.

5.40.020 License – Required.

5.40.030 License – Application.

5.40.040 License – Fee.

5.40.050 License – Posting.

5.40.060 Illegal machines.

5.40.070 Minors – Playing pinmarble prohibited.

5.40.080 Minors – Permitted play.

5.40.090 Violation – Penalty.

5.40.010 Person defined.

A. “Person,” as used in this chapter, includes the following:

1. Any person, firm, corporation or association which owns any such machine, device, apparatus, game, table or board;

2. The person, firm, corporation or association in whose place of business any such machine, device, apparatus, game, table or board is placed for use by the public;

3. Any person, firm, corporation or association having control over such machine, equipment or device, game, table or board.

B. The payment of the fee under this chapter by any person, firm, corporation or association enumerated in subsection A of this section shall be deemed a compliance with this section. (Ord. 426 § 5, 1935. Prior code § 4.18.050)

5.40.020 License – Required.

It is unlawful for any person to maintain any amusement machine, device, apparatus or any pinmarble game, skillball game or any combination amusement and vending machine, table or board for use by the public, the operation or use of which is permitted, controlled, allowed or made possible by the deposit of any coin, plate, disc, slug or key into any slot, crevice or other opening, in the city, until he has first applied for and secured a license from the city so to do. This section shall not apply to amusment games as contained in chapter 5.42 SMC. (Ord. 1918 § 4, 2000: Ord. 426 § 1, 1935. Prior Code § 4.18.010)

5.40.030 License – Application.

All application for such licenses shall be made to the clerk-treasurer. Upon such application and the payment of the license fee, the clerk-treasurer shall issue a license for each separate machine or game, which license shall contain the name of the licensee, name and type or style of machine or game, and a number. Such license shall not be transferred from one machine or game to another, nor may it be transferred from one person to another. The licensee, however, shall attach to each license issued to him, as provided in this chapter, receipts issued by the clerk-treasurer showing that the monthly license fee provided for in this chapter has been paid. (Ord. 426 § 2, 1935. Prior code § 4.18.020)

5.40.040 License – Fee.

The schedule of license fees to be charged by the city for licenses under the provisions of this chapter shall be $50.00 per year for each amusement machine, game or device, except that the license fee shall be $25.00 per year for each amusement machine, game or device located in a religious or educational institution. (Ord. 1045 § 2, 1977: Ord. 426 § 4, 1935. Prior code § 4.18.040)

5.40.050 License – Posting.

It is the duty of the licensee to place and maintain such license upon the machine or game for which it is issued, in such place and manner as to be clearly and readily observed by anyone operating the same or to have the license available on the premises for inspection upon demand. (Ord. 1045 § 1, 1977: Ord. 426 § 3, 1935. Prior code § 4.18.030)

5.40.060 Illegal machines.

No license shall be issued for and nothing herein contained shall be construed to legalize the possession or maintenance of any game, table, machine, slot machine or any other article, device or apparatus of any kind commonly used for gambling or the possession of which is prohibited by statute of the state of Washington. (Ord. 426 § 6, 1935. Prior code § 4.18.060)

5.40.070 Minors – Playing pinmarble prohibited.

It is unlawful for any person under the age of 21 years to play any pinmarble game, or for any person, as owner of said machine, manager, clerk, dealer, agent or employee of any establishment where any such machine is located, to permit any person under the age of 21 years to play any pinmarble game on any premises within the city. (Ord. 1045 § 3, 1977: Ord. 459 § 2, 1941. Prior code § 4.18.080)

5.40.080 Minors – Permitted play.

It is not unlawful for any person under the age of 21 years to play any amusement machine, device, apparatus, skilled ball game or any combination amusement and vending machine, table or board if all of the following conditions are met:

A. In buildings where persons under the age of 21 years are permitted to operate the machines, there shall be a limit of one licensed machine for each 50 persons, as established by the occupancy permit, which is determined by the city building inspector, with a limit of eight licensed machines for any establishment, except religious or educational institutions.

B. Persons under the age of 21 years are not permitted to operate machines in establishments where persons over the age of 21 years are allowed to gamble, either in the same room or in another part of the building.

C. The machines shall not be in operation during regular school hours, except for those machines located in a religious or educational institution.

D. The machines shall not be the main source of income to the operator of the business establishment wherein the machines are located.

E. The machines may only be operated by persons under the age of 21 years in establishments during the regular business hours of the business located on the premises wherein the machines are located. (Ord. 1045 § 4, 1977. Prior code § 4.18.090)

5.40.090 Violation – Penalty.

Any person, firm, corporation or association who violates any of the provisions of this chapter shall upon conviction thereof be fined in any sum not exceeding $300.00. (Ord. 1045 § 5, 1977: Ord. 426 § 7, 1935. Prior code § 4.18.070)

Chapter 5.41
USE OF PREMISES FOR PUBLIC CARD ROOMS PROHIBITED

Sections:

5.41.010 Public card rooms – Prohibited.

5.41.010 Public card rooms – Prohibited.

It is unlawful within the city of Sumner for any person to allow any premises or any facilities to be used for, to participate in, or to conduct as a commercial stimulant or otherwise, any public card room as defined in WAC 230-02-410; provided, that this section shall not apply to social card games conducted upon member premises of a licensed, bona fide charitable or nonprofit organization as authorized by RCW 9.46.0311; and provided, further, that this section shall not apply to social card games conducted or played in the dwelling or other place of residence of one of the players. This prohibition is enacted under the authority given to the city by RCW 9.46.295. (Ord. 1918 § 1, 2000)

Chapter 5.42
USE OF PREMISES FOR COMMERCIAL AMUSEMENT GAMES PROHIBITED

Sections:

5.42.010 Commercial amusement games – Prohibited.

5.42.010 Commercial amusement games – Prohibited.

It is unlawful within the city of Sumner for any person to allow any premises or any facilities to be used for, to participate in, or to conduct as a commercial stimulant or otherwise, any commercial amusement game as defined in RCW 9.46.0201; provided, that this section shall not apply to amusement games conducted upon member premises of a licensed, bona fide charitable or nonprofit organization as authorized by RCW 9.46.0311; and provided, further, that this section shall not apply to amusement games in the dwelling or other place of residence of one of the players. This prohibition is enacted under the authority given to the city by RCW 9.46.295. (Ord. 1918 § 2, 2000)

Chapter 5.44
TAXICABS

Sections:

5.44.010 Taxicab license – Required.

5.44.140 Violation – Penalty.

5.44.010 Taxicab license – Required.

No taxicabs shall ply or be operated upon the streets of the city without first obtaining and maintaining a current city business license pursuant to chapter 5.04 SMC and a valid license or permit to operate a taxicab from King County and/or Pierce County. (Ord. 2225 § 3 (part), 2007: Ord. 491 § 2, 1946. Prior Code § 4.20.020)

5.44.140 Violation – Penalty.

Any person, firm or corporation who violates any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $300.00. (Ord. 2225 § 3 (part), 2007: Ord. 491 § 14, 1946. Prior code § 4.20.140)

Chapter 5.48
TEMPORARY MERCHANTS

Sections:

5.48.010 License – Required.

5.48.020 License – Exempted persons.

5.48.030 Investigation.

5.48.040 Violation – Penalty.

5.48.010 License – Required.

A. It is unlawful for any person, firm or corporation to open, conduct, maintain or carry on any store or place of business for the sale of goods, wares and merchandise of any kind or character at retail for a less period than 12 consecutive months without taking out and procuring a license so to do. Said license is to be known as a “temporary merchants license.”

B. The fee for the temporary license shall be and the same is hereby fixed in the sum of $5.00 per day or $50.00 per month if the license is procured for one or more months; provided however, that if such person, firm or corporation desires to open up, conduct, or carry on a store or place of business for the temporary sale of goods, wares or merchandise of any kind or character within the city, while attempting to secure a permanent location, he shall execute and deliver to the city clerk a surety company bond in the amount of $500.00 in favor of and payable to the city, conditioned that in the event that the business is carried on and maintained for a period of time of less than one year the principal of the bond shall pay to the city the temporary merchant’s license fee provided. (Ord. 380 § 1, 1929. Prior code § 4.22.010)

5.48.020 License – Exempted persons.

The following shall not be required to secure a temporary merchants license:

A. A person buying out an existing business (not a temporary merchant) and who shall continue to carry on and conduct such business at the same location and of the same character;

B. A person, (not a temporary merchant) who moves his entire stock to a new location and continues to carry on and conduct such business at the new location;

C. A manufacturer or producer who manufactures or produces merchandise in the city, and opens or conducts a store or place for the sale of such goods only;

D. A dealer in foodstuffs exclusively;

E. A person who purchases the entire quantity of bankrupt stock or the entire amount of stock sold under receivership, as to the sale of such goods only, where such stocks were located in the city at the time of purchase. (Ord. 380 § 2, 1929. Prior code § 4.22.020)

5.48.030 Investigation.

The public improvement committee of the city council shall constitute a committee to investigate the incoming merchants and make a report of the same to the clerk-treasurer who in turn is to instruct the chief of police to see that this chapter is enforced. (Ord. 380 § 3, 1929. Prior code § 4.22.030)

5.48.040 Violation – Penalty.

Any person, firm or corporation who violates any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $100.00. (Ord. 1075 § 12, 1978: Ord. 380 § 4, 1929. Prior code § 4.22.040)

Chapter 5.56
ADULT ENTERTAINMENT BUSINESS LICENSING AND REGULATION

Sections:

Article I. Generally

5.56.000 Definitions.

5.56.010 Business hours.

5.56.020 Activities not prohibited.

Article II. Administration

5.56.030 License suspension or revocation.

5.56.040 Notice of appeal.

5.56.050 Date, time, place for hearing.

5.56.060 Scope of appeal and standard of review.

5.56.070 Waiver of right to appeal.

5.56.080 Action after hearing.

5.56.090 Appeal from hearing examiner.

5.56.100 Stay during appeal.

Article III. Licenses

5.56.110 License for establishment required – Fee – Expiration.

5.56.120 License for managers, entertainers required – Fee.

5.56.130 Due date for license fees.

5.56.140 Renewal of license – Late penalty.

5.56.150 License applications.

5.56.160 Manager on premises.

5.56.170 Exception from chapter.

5.56.180 Standards of conduct and operation.

5.56.190 List of entertainments, fees.

5.56.200 Physical layout of premises – Sight obstructions.

5.56.210 Notice to customers.

5.56.220 Additional requirements for panorams or peep shows.

5.56.230 Additional requirements for adult entertainment establishments.

5.56.240 Penalties.

5.56.250 Additional enforcement.

Article I. Generally

5.56.000 Definitions.

As used in this chapter, the following words and phrases shall have the following meanings unless the context clearly requires otherwise:

A. “Adult entertainment” means:

1. Any live exhibition, performance or dance of any type conducted in a premises where such exhibition, performance or dance involves a person who is unclothed or in such costume, attire or clothing as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered.

2. Any live exhibition, performance or dance of any type conducted in a premises where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation or relation to the following specified sexual activities:

a. Human genitals in a state of sexual stimulation or arousal;

b. Acts of human masturbation, sexual intercourse or sodomy; or

c. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.

3. Any live exhibition, performance or dance intended to sexually stimulate any patron and conducted in a premises where such exhibition, performance or dance is performed for, arranged with or engaged in with fewer than all patrons on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance. For purposes of example and not limitation, such exhibitions, performances or dances are commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing.

4. Any “panoram premises”, which means a business or commercial establishment where on the premises or a portion of the premises, for any form of consideration, one or more still or motion picture projectors, slide projectors, computer generated or enhanced pornography, panoram, peep show, or similar machines or other image producing machines, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions for individual viewing by the public on the premises of the business, with the viewed materials being characterized by the depiction or description of nudity or of specified sexual activities as defined above at subsection (A)(2), and/or where on the premises there is individual viewing by use of a panoram device of live adult entertainment.

5. Any “adult motion picture theater”, which means a motion picture theater business or commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions characterized by the depiction or description of nudity or of specified sexual activities as defined above at subsection (A)(2) are regularly shown.

6. This definition of “adult entertainment” is intended to provide regulatory detail to the general zoning definition set forth in SMC 18.04.0065.

B. “Adult entertainment establishment” means any commercial premises to which any patron is invited or admitted and where adult entertainment as defined above at subsection A is provided on a regular basis and as a substantial part of the premises activity. It shall be a rebuttable presumption that 20 percent of a business’ stock-in-trade or revenues is considered substantial.

C. “Applicant” means the individual or entity seeking an adult entertainment license in the city of Sumner.

D. “Applicant control persons” means all partners, corporate officers and directors and any other individuals in the applicant’s business organization who hold a significant interest in the adult entertainment establishment, based on responsibility for management of the adult entertainment business.

E. “Employee” means any and all persons, including managers, entertainers, and independent contractors who work in or at or render any services directly related to the operation of any adult entertainment establishment.

F. “Entertainer” means any person who provides live adult entertainment whether or not a fee is charged or accepted for such entertainment.

G. “Manager” means any person who manages, directs, administers, or is in charge of the affairs and/or the conduct of any portion of any activity involving adult entertainment occurring at any adult entertainment establishment.

H. “Operator” means any person operating, conducting or maintaining an adult entertainment establishment.

I. “Panoram” or “peep show” means any device which, upon insertion of a coin or by any other means of payment, including membership fee or other charge, exhibits or displays a picture or view by film, video or by any other means, including observation of live performances. This definition is intended to provide regulatory details to the general zoning definition set forth in SMC 18.04.0075.

J. “Panoram premises” means any premises or portion of a premises on which a panoram is located and which is open to the public, including through membership. This definition is intended to provide regulatory detail to the general zoning definition set forth in SMC 18.04.0075.

K. “Person” means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons, however organized.

L. “Sexual conduct” means acts of:

1. Sexual intercourse within its ordinary meaning; or

2. Any contact between persons involving the sex organs of one person and the mouth or anus of another; or

3. Masturbation, manual or instrumental, of oneself or of one person by another; or

4. Touching of the sex organs or anus, of oneself or of one person by another. (Ord. 1767 § 1 (part), 1996)

5.56.010 Business hours.

No adult entertainment shall be conducted between the hours of 2:00 a.m. and 10:00 a.m. (Ord. 1767 § 1 (part), 1996)

5.56.020 Activities not prohibited.

A. This chapter shall not be construed to prohibit:

1. Plays, operas, musicals or other dramatic works which are not obscene;

2. Classes, seminars and lectures held for serious scientific or educational purposes; or

3. Exhibitions or dances which are not obscene.

B. Whether or not activity is obscene shall be judged by consideration of the following factors:

1. Whether the average person, applying contemporary community standards, would find that the activity taken as a whole appeals to a prurient interest in sex.

2. Whether the activity depicts or describes in a patently offensive way, as measured against community standards, sexual conduct as described in RCW 7.48A.010(2) (b).

3. Whether the activity taken as a whole lacks serious literary, artistic, political or scientific value. (Ord. 1767 § 1 (part), 1996)

Article II. Administration

5.56.030 License suspension or revocation.

A. This section replaces or pre-empts SMC 5.04.140, and where there is a conflict, this section shall prevail.

B. The city clerk may, at any time upon the recommendation of the chief of police and as provided below, suspend or revoke under this chapter:

1. Where such license was procured by fraud or false representation of fact; or

2. For the violation of, or failure to comply with, the provisions of this chapter or any other similar local or state law by the licensee or by any of its servants, agents or employees when the licensee knew or should have known of the violations committed by its servants, agents or employees; or

3. For the conviction of the licensee of any crime or offense involving prostitution, promoting prostitution, or transactions involving controlled substances (as that term is defined in chapter 69.50 RCW) committed on the premises, or the conviction of any of the licensee’s servants, agents or employees of any crime or offense involving prostitution, promoting prostitution, or transactions involving controlled substances (as that term is defined in chapter 69.50 RCW) committed on the licensed premises when the licensee knew or should have known of the violations committed by its servants, agents or employees.

C. A license procured by fraud or misrepresentation shall be revoked. Where other violations of this chapter or other applicable ordinances, statutes or regulations are found, the license shall be suspended for a period of 30 days upon the first such violation, 90 days upon the second violation within a 24-month period, and revoked for third and subsequent violations within a 24-month period, not including periods of suspension.

D. The city clerk shall provide at least 10 working days’ prior written notice to the licensee of the decision to suspend or revoke the license. Such notice shall inform the licensee of the right to appeal the decision to the hearing examiner and shall state the effective date of such revocation or suspension and the grounds for revocation or suspension.

E. Notification shall be by personal service or registered or certified mail, return receipt requested, of the decision. Notice mailed to the address on file shall be deemed received three days after mailing. The notice shall specify the grounds for the suspension or revocation. The suspension or revocation shall become effective 10 working days from the date the notice is delivered or deemed received unless the person affected thereby files a written request with the city clerk, accompanied by a check in the sum of $50.00, for a hearing before the hearing examiner within such 10-day period. The hearing examiner shall render his decision within 14 calendar days following the close of the appeal hearing. Any person aggrieved by the decision of the hearing examiner shall have the right to appeal the decision to the superior court within 14 calendar days of the hearing examiner’s final decision. The decision of the city clerk shall be stayed during the pendency of any administrative and judicial appeals except as provided in subsection (F) of this section.

F. Where the Sumner building official, fire marshal, police chief, or the Pierce County health department finds that any condition exists upon the premises of an adult entertainment establishment which constitutes a threat of immediate serious injury or damage to persons or property, said official may immediately suspend any license issued under this chapter pending a hearing in accordance with subsection (D) of this section. The official shall issue notice setting forth the basis for the action and the facts that constitute a threat of immediate serious injury or damage to persons or property, and informing the licensee of the right to appeal the suspension to the hearing examiner or other designated hearing body under the same appeal provisions set forth in subsection (D) of this section; provided, however, that a suspension based on threat of immediate serious injury or damage shall not be stayed during the pendency of the appeal. (Ord. 1767 § 1 (part), 1996)

5.56.040 Notice of appeal.

A. For purposes of appeal, this section replaces or pre-empts SMC 5.04.150, and where there is a conflict, this section shall prevail.

B. Any person falling under the provisions of this chapter may appeal to the hearing examiner from any notice of suspension, denial or revocation or civil penalty assessment by filing with the city clerk within 10 working days from the date the notice is delivered or deemed received, a written appeal containing:

1. A heading in the words: “Before the Hearing Examiner for the City of Sumner”;

2. A caption reading: “Appeal of ________” (giving the name of the appellant);

3. A brief statement setting forth the legal interest of the appellant;

4. A brief statement in concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant;

5. A brief statement in concise language of the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside;

6. The signature of the party names as appellant, and appellant’s official mailing address; and

7. The verification, by declaration under penalty of perjury, of the appellant as to the truth of the matters stated in the appeal. (Ord. 1767 § 1 (part), 1996)

5.56.050 Date, time, place for hearing.

As soon as practicable after receiving the written appeal, the hearing examiner shall fix a date, time and place for the hearing of the appeal. Such date shall be not less than 10 working days nor more than 30 days from the date the appeal was filed with the city clerk, unless the parties agree to an extension of time. Written notice of the time and place of the hearing shall be given at least 10 working days prior to the date of the hearing to each appellant by the hearing examiner’s office either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his or her address shown on the appeal. (Ord. 1767 § 1 (part), 1996)

5.56.060 Scope of appeal and standard of review.

A. Only those matters or issues specifically raised by the appellant in the written notice of appeal shall be considered in the hearing of the appeal.

B. The hearing examiner shall have the authority to determine the procedure and standard of review for the appeal hearing and shall be guided, as relevant, but not be bound by, the provisions of the Administrative Procedure Act, chapter 34.05 RCW, including RCW 34.05.449, 34.05.452, 34.05.455, and 34.05.461. (Ord. 1767 § 1 (part), 1996)

5.56.070 Waiver of right to appeal.

Failure of any person to file an appeal in accordance with the provisions of this article shall constitute a waiver of his or her right to an administrative hearing and adjudication of the notice and order, or any portion thereof. (Ord. 1767 § 1 (part), 1996)

5.56.080 Action after hearing.

Upon completion of the hearing, the hearing examiner shall:

A. Affirm the city clerk’s decision; or

B. Reverse or modify the city clerk’s decision. (Ord. 1767 § 1 (part), 1996)

5.56.090 Appeal from hearing examiner.

An appeal from a decision of the hearing examiner shall be to the Pierce County superior court and shall be served and filed within 14 calendar days of the decision of the hearing examiner. In the event the applicant or license holder does not follow the procedures within the time periods set forth in this article, the action of the hearing examiner shall be final. (Ord. 1767 § 1 (part), 1996)

5.56.100 Stay during appeal.

The decision of the city clerk to suspend, revoke or refuse to renew a license under this chapter shall be stayed during administrative and judicial review, but refusal to issue an initial license shall not be stayed. (Ord. 1767 § 1 (part), 1996)

Article III. Licenses

5.56.110 License for establishment required – Fee – Expiration.

A. Adult entertainment establishments shall not be operated or maintained in the city unless the owner or operator has first obtained a license from the city clerk, as set forth in this chapter. It is unlawful for any entertainer, employee or operator to knowingly work in or about, or to knowingly perform any service directly related to the operation of any unlicensed adult entertainment establishment.

B. The fee for an adult entertainment establishment license in the city as required in this article is $500.00 per year. (Ord. 1767 § 1 (part), 1996)

5.56.120 License for managers, entertainers required – Fee.

No person shall work as a manager or entertainer at an adult entertainment establishment without having first obtained a manager’s or an entertainer’s license from the city clerk. The annual fee for such a license shall be $75.00. (Ord. 1767 § 1 (part), 1996)

5.56.130 Due date for license fees.

A. The initial license fee required by SMC 5.56.110 is due and payable to the city clerk at least two weeks before the opening of the adult entertainment establishment.

B. The license fee required by SMC 5.56.110 and 5.56.120 are due and payable to the city clerk before the beginning of such entertainment or beginning employment.

C. Every license issued or renewed pursuant to this chapter shall expire on December 31st of each year.

D. The entire annual license fee shall be paid for the applicable calendar year regardless of when the application for license is made, and shall not be prorated for any part of the year except that if the original application for license is made subsequent to June 30th, the license fee for the remainder of that year shall be one-half of the annual license fee. Annual license renewals shall be required to be obtained and paid in full by January 31st of each respective calendar year. (Ord. 1767 § 1 (part), 1996)

5.56.140 Renewal of license – Late penalty.

A late penalty shall be charged on all applications for renewal of a license received later than seven days after the expiration date of such license as set forth in the respective resolution or ordinance establishing the expiration date of such license. The amount of such penalty is fixed as follows:

Additional Percentage

Days Past Due of License Fees

 8 – 30 25

31 – 60 50

61 and over 100

(Ord. 1767 § 1 (part), 1996)

5.56.150 License applications.

A. Adult Entertainment Establishment License.

1. Required Information. All applications for an adult entertainment establishment license shall be submitted to the city clerk in the name of the person or entity proposing to conduct the adult entertainment establishment on the business premises and shall be signed by such person or his or her agent and notarized or certified as true under penalty of perjury. All applications shall be submitted on a form supplied by the city, which shall require the following information:

a. The name of the applicant, location and doing-business-as name of the proposed adult entertainment establishment, including a legal description of the property, street address, and telephone number, together with the name and address of each owner and lessee of the property.

b. For the applicant and for each applicant control person, provide: names, any aliases or previous names, driver’s license number, if any, social security number, if any, and business, mailing and residential address, and business telephone number.

c. If the applicant is a partnership, whether general or limited; and if a corporation, date and place of incorporation, evidence that it is in good standing under the laws of Washington, and name and address of any registered agent for service of process.

d. For the applicant and each applicant control person, list any other licenses currently held for similar adult entertainment or sexually oriented businesses, including motion picture theaters and panoramas, whether from the city or another city, county or state, and if so, the names and addresses of each other licensed business.

e. For the applicant and each applicant control person, list prior licenses held for similar adult entertainment or other sexually oriented businesses, whether from the city or from another city, county or state, providing names, addresses and dates of operation for such businesses, and whether any business license or adult entertainment license has been revoked or suspended, and the reason therefor.

f. For the applicant and all applicant control persons, any and all criminal convictions or forfeitures within five years immediately preceding the date of the application, other than parking offenses or minor traffic infractions, including the dates of conviction, including the dates of conviction, nature of the crime, name and location of court and disposition.

g. For the applicant and all applicant control persons, a description of business, occupation or employment history for the three years immediately preceding the date of the application.

h. Authorization for the city, its agents and employees to seek information to confirm any statements set forth in the application.

i. Two two-inch by two-inch photographs of the applicant and applicant control persons, taken within six months of the date of application showing only the full face.

j. For the applicant or each applicant control person, a complete set of fingerprints prepared at the Pierce County department of public safety or on forms prescribed by the department.

k. A scale drawing or diagram showing the configuration of the premises for the proposed adult entertainment establishment, including a statement of the total floor space occupied by the business, and marked dimensions of the interior of the premises. Performance areas, seating areas, manager’s office and stations, restrooms and service areas shall be clearly marked on the drawing. An application for a license for an adult entertainment establishment shall include building plans which demonstrate conformance with this chapter.

l. The application must demonstrate compliance with the provisions of the city’s zoning code concerning allowable locations for adult entertainment establishments.

2. An application shall be deemed complete upon the applicant’s provision of all information requested above, including identification of “none” where that is the correct response, and the applicant’s verification that the application is complete. The city clerk may request other information or clarification in addition to that provided in a complete application where necessary to determine compliance with this chapter.

3. A nonrefundable application fee must be paid at the time of filing an application in order to defray the costs of processing the application.

4. Each applicant shall verify, under penalty or perjury, that the information contained in the application is true.

5. If any person or entity acquires, subsequent to the issuance of an adult entertainment establishment license, a significant interest based on responsibility for management or operation of the licensed premises or the licensed business, notice of such acquisition shall be provided in writing to the city clerk no later than 21 days following such acquisition. The notice to the city clerk shall include the same information required for an initial adult entertainment establishment license application.

6. The adult entertainment establishment license, if granted, shall state on its face the name of the person or persons to whom it is issued, the expiration date, the doing-business-as name and the address of the licensed establishment. The license shall be posted in a conspicuous place at or near the entrance to the adult entertainment establishment so that it can be easily read at any time the business is open.

7. No person granted an adult entertainment establishment license pursuant to this chapter shall operate the establishment under a name not specified on the license, nor shall any person operate the establishment at any location not specified on the license.

8. Upon receipt of the complete application and fee, the city clerk shall provide copies to the police, fire, and community development departments for their investigation and review to determine compliance of the proposed adult entertainment establishment with the laws and regulations which each department administers. Each department shall, within 25 days of the date of such application, inspect the application and premises and shall make a written report to the city clerk whether such application and premises complies with the laws administered by each department. No license may be issued unless each department reports that the application and premises comply with the relevant laws. In the event the premises is not yet constructed, the departments shall base their recommendation as to premises compliance on their review of the drawings submitted in the application. Any adult entertainment establishment license approved prior to premises construction shall contain a condition that the premises may not open for business until the premises have been inspected and determined to be in substantial conformance with the drawings submitted with the application. A department shall recommend denial of a license under this subsection if it finds that the proposed adult entertainment establishment is not in conformance with the requirements of this chapter or other law in effect in the city. A recommendation for denial shall cite the specific reason therefor, including applicable laws.

9. An adult entertainment establishment license shall be issued by the city clerk within 30 days of the date of filing a complete license application and fee, unless the city clerk determines that the applicant has failed to meet any of the requirements of this chapter or provide any information required under this subsection or that the applicant has made a false, misleading or fraudulent statement of material fact on the application for a license. The city clerk shall notify the applicant within five working days of application submittal if application is i