Chapter 6.60


6.60.040    Definitions.

6.60.080    License required.

6.60.120    License fees.

6.60.160    Exemptions.

6.60.200    Tax constitutes debt.

6.60.240    Penalty for violations.

6.60.280    Severability.

6.60.040 Definitions.

For the purposes of this chapter, the following words, in addition to their ordinary and commonly accepted meanings, shall be further defined as follows:

A.    “Circus” shall include a professional exhibition or entertainment at which feats of horsemanship, acrobatic feats, or trained or wild animals are exhibited or displayed, or any professional athletic contest, to which exhibition, entertainment or contest an admission fee is charged.

B.    “Seating capacity” shall relate to the number of single accommodations available for use of an anticipated audience.

C.    “Stage shows, side shows, exhibitions, musical or comedy performances, or other entertainment” shall relate to those events for which an admission fee is charged, in which any performer or operator participates for compensation, and other than those held or conducted as a permanent business in Ellensburg. [Ord. 3579 § 1, 1987.]

6.60.080 License required.

It shall be unlawful for any person, firm or corporation to conduct or hold any circus, stage show, side show, exhibition, musical or comedy performance, or other similar entertainment for which an admission fee is charged in the city of Ellensburg without first having obtained from the city clerk a license and having paid the fee set forth in this chapter. The license required by this chapter is in addition to any general business license that may be required under Chapter 6.54 ECC. [Ord. 4774 § 7, 2017; Ord. 3579 § 1, 1987.]

6.60.120 License fees.

The license fee for any circus, stage show, side show, exhibition, musical or comedy performance, or other similar entertainment shall be as follows:

A.    Where the seating capacity is 2,500 or less, the license fee shall be the sum of $50.00 per day;

B.    Where the seating capacity exceeds 2,500 but not more than 5,000, the license fee shall be the sum of $75.00 per day;

C.    Where the seating capacity exceeds 5,000, the license fee shall be the sum of $125.00 per day;

D.    Where admission fees are charged but seating is not provided, the fee shall be $50.00 per day. [Ord. 4774 § 8, 2017; Ord. 3579 § 1, 1987.]

6.60.160 Exemptions.

Such license fee shall not apply to the following events:

A.    Those events where no admission fees are charged.

B.    Any activity of any elementary, secondary school, or school of higher education.

C.    Any activity of any not-for-profit corporation, trust, society, order, institution, organization, or association exclusively engaged in or devoted to any religious, charitable, scientific, literary, educational, public, or other like work in which no part of the net earnings inures to the benefit of any private stockholders or individuals.

D.    Carnivals and rodeos covered under Chapter 6.56 ECC.

E.    Agricultural fairs; provided, that any event within the fairgrounds by others shall be licensed under the provisions of this chapter or as otherwise provided under Chapter 6.54 or 6.56 ECC. [Ord. 3579 § 1, 1987.]

6.60.200 Tax constitutes debt.

In addition to the penalties hereinafter provided, all license fees due and payable under this chapter may be collected by suit brought in the Superior Court of the State of Washington for Kittitas County as in an action for debt. [Ord. 3579 § 1, 1987.]

6.60.240 Penalty for violations.

Any person violating or failing to comply with any of the provisions of this chapter, upon conviction thereof, shall be punished by a fine in a sum not exceeding $300.00 or by imprisonment in the city jail for a period not exceeding 90 days, or shall be punished by both such fine and imprisonment. Under this section, each day’s operation without a license shall constitute a distinct and separate offense. [Ord. 3579 § 1, 1987.]

6.60.280 Severability.

If any part, provision or section of this chapter shall be held void or unconstitutional, all other parts, provisions and sections of this chapter not expressly so held to be void or unconstitutional shall continue in full force and effect. [Ord. 3579 § 1, 1987.]