Chapter 5.32 PEDDLERS, BILL POSTERS, AUCTIONEERS, JUNK DEALERS AND TEMPORARY STANDS

It is unlawful for any person, firm or corporation to post, paint or otherwise fix any notice, poster, advertisement or other device calculated to attract the attention of the public, to or upon any public place or property, or upon any building or other private property, without first obtaining permission of the owner, agent or occupant of such private premises; provided, however, that this section shall not apply to advertising matter upon billboards owned and controlled by private individuals, nor to any charitable, religious, or nonprofit organization or corporation which has received tax-exempt status under I.R.C. paragraph 501 (c) (3), 26 U.S.C.A. 501 (c) (3), as adopted or amended, and which has filed with the city of Puyallup clerk’s office a copy of the tax exemption granted by the Internal Revenue Service. (Ord. 2448 § 1, 1995; Ord. 2232 § 3, 1990).

Auctioneers

5.32.140 License required.

Repealed by Ord. 3146. (Ord. 2448 § 1, 1995; Ord. 953 § 1, 1933).

5.32.150 Fee payment – License issuance.

Repealed by Ord. 3146. (Ord. 2448 § 1, 1995; Ord. 953 § 2, 1933).

5.32.160 Penalty for violation.

Repealed by Ord. 3146. (Ord. 2448 § 1, 1995; Ord. 953 § 3, 1933).

Pawnbrokers and Secondhand Dealers

5.32.170 Definitions.

The following words have the following meanings, unless the context otherwise requires:

(1) “Pawnbroker” means every person engaged, in whole or in part, in the business of loaning money on the security of pledges, deposits or conditional sales of personal property.

(2) “Secondhand dealer” means every person engaged in whole or in part in the business of buying or selling secondhand personal property, metal junk or melted metals.

(3) “Secondhand property” means any item of personal property offered for sale which is not new, including metals in any form, except postage stamps, coins that are legal tender, bullion in the form of fabricated, hallmarked bars, used books, and clothing of a resale value of $75.00 or less, except furs. (Ord. 2448 § 1, 1995; Ord. 2056 § 1, 1985; Ord. 2012 § 1, 1983).

5.32.180 Record book.

It shall be the duty of every pawnbroker and secondhand dealer doing business in the city to maintain in his or her place of business a book or other permanent record in which is legibly written in the English language, at the time of each loan, purchase or sale, a record thereof containing:

(1) The date of the transaction;

(2) The name of the person or employee conducting the transaction;

(3) The name, age, street and house number, and a general description of the dress, complexion, color of hair and facial appearance of the person with whom the transaction is had;

(4) The name, street and house number of the owner of the property bought or received in pledge;

(5) The street and house number of the place from which the property bought or received in pledge was last removed;

(6) A description of the property bought or received in pledge, which in the case of watches shall contain the name of the maker and the number of both the works and the case, and in the case of jewelry, shall contain a description of all letters and marks inscribed thereon; provided, that when the article bought or received is furniture, or the contents of any house or room actually inspected on the premises, a general record of the transaction is sufficient;

(7) The price paid or the amount loaned;

(8) The names, street and house numbers of all persons witnessing the transaction; and

(9) The number of any pawn ticket issued therefor. (Ord. 2448 § 1, 1995; Ord. 2012 § 2, 1983).

5.32.190 Inspection of records and goods.

Such record, and all goods received, shall at all times during the ordinary hours of business be open to the inspection of the city attorney or of any police officer. (Ord. 2448 § 1, 1995; Ord. 2012 § 3, 1983).

5.32.200 Report to chief of police.

Every pawnbroker and secondhand dealer doing business in the city shall, before 12:00 noon of each day, furnish to the chief of police, on such forms as the chief of police may provide therefor, a full, true and correct transcript of the record of all transactions had on the preceding day, and, having good cause to believe that any property in his or her possession has been previously lost or stolen, shall forthwith report such fact to the chief of police, together with the name of the owner, if known, and the date when, and the name of the person from whom the property was received by him or her. (Ord. 2448 § 1, 1995; Ord. 2012 § 4, 1983).

5.32.210 Sale within 30 days restricted.

No property bought or received in pledge by any pawnbroker or secondhand dealer shall be removed from his or her place of business, except when redeemed by the owner thereof, within 30 days after the receipt thereof has been reported to the chief of police as provided in PMC 5.32.200. (Ord. 2521 § 1, 1997; Ord. 2448 § 1, 1995; Ord. 2012 § 5, 1983).

5.32.220 Adopts RCW 19.60.060 – Rates of interest, fees.

RCW 19.60.060 as existing on the date of the ordinance codified in this section or as hereafter amended is adopted by reference. (Ord. 2448 § 1, 1995; Ord. 2189 § 2, 1989).

5.32.230 Owner entitled to costs of recovery of stolen goods.

Whenever the owner of stolen goods locates the stolen goods in the possession of a pawnbroker or secondhand dealer, and is forced to bring an action for replevin to recover possession thereof, the owner shall be entitled to request reasonable attorney’s fees and costs from the courts in connection with the replevin action. (Ord. 2448 § 1, 1995; Ord. 2012 § 8, 1983).

5.32.240 Penalty for violations.

Every pawnbroker or secondhand dealer, and every clerk, agent or employee of such pawnbroker or secondhand dealer, who:

(1) Fails to make an entry of any material matter in his or her book or record kept as provided in PMC 5.32.180; or

(2) Makes any false entry therein; or

(3) Falsifies, obliterates, destroys or removes from his or her place of business such book or records; or

(4) Refuses to allow the city attorney or any police officer to inspect the book or record, or any goods in his or her possession during the ordinary hours of business; or

(5) Reports any material falsely to the chief of police; or

(6) Having forms provided therefor, fails before noon of each day to furnish the chief of police with a full, true and correct transcript of the record of all transactions had on the previous day, it being the intent of this section that Saturday’s business may be reported on Monday; or

(7) Fails to report forthwith to the chief of police the possession of any property which he or she may have good cause to believe has been lost or stolen, together with the name of the owner, if known, and the date when, and the name of the person from whom the property was received by him or her; or

(8) Removes, or allows to be removed from his or her place of business, except upon redemption by the owner thereof, any property received, within 15 days after the receipt thereof shall have been reported to the chief of police; or

(9) Receives any property from any person under the age of 18 years, or any person in an intoxicated condition, is guilty of a misdemeanor and subject to a fine of not more than $500.00. (Ord. 2448 § 1, 1995; Ord. 2012 § 7, 1983).

Temporary Stands and Temporary Fair Parking

5.32.280 Temporary stand and temporary fair parking defined. Amended Ord. 3298

“Temporary fair parking,” as used in this code, means the provision or operation of parking lots for a fee on private property limited to the annual run of the Washington State Fair or the Spring Fair.

“Temporary stand,” as used in this code, means any booth, tent, storeroom, street stand, temporary and/or open lunch counter, sandwich counter or soft drink and/or food portable containers, or other temporary place for the sale of food, confections, toys, jewelry, groceries, dry goods, drinks of all kind, goods, wares, merchandise or services, operated from doorways, building recesses, alleyways, vacant lots, street or sidewalk easements, public streets or sidewalks or any other place facing to, adjacent to or near the public streets or highways of the city. (Ord. 3178 § 1 (Exh. A), 2018; Ord. 2448 § 1, 1995; Ord. 2232 § 4, 1990; Ord. 1769 § 2, 1979).

5.32.285 License required. Amended Ord. 3298

No person shall erect, maintain, operate or occupy any temporary stand or any temporary fair parking lot within the corporate limits of the city without first having obtained a temporary stand or temporary fair parking license therefor as provided in PMC 5.32.280 through 5.32.315. Having obtained such a license, the person shall be exempt from obtaining a business license as provided for in Chapter 5.04 PMC relating to business licenses and regulation; provided, however, all temporary stands which are to be operated adjacent to the fair as permitted by PMC 20.70.010 during the annual run of the Western Washington Fair must apply for a permit no later than the last day of business in August of each year. All other temporary stands within the boundaries of the city must apply for a temporary stand license no less than five business days prior to the first day of operation. The failure to apply for such license by such dates will waive any privilege to operate a temporary stand; provided, that the application deadline may be waived whenever the city manager finds that timely application was beyond the control of the license applicant by reason of severe circumstances. Any person seeking such waiver must file a written request with the city clerk setting forth the reasons for not having timely filed. In addition, the applicant shall deposit a refundable $100.00 late fee with the city clerk. The city manager shall, as soon as practicable, consider the request for waiver. If the waiver is denied, the license applicant shall forfeit the $100.00 late fee to the city. If the waiver is granted, the city clerk shall refund the deposit to the applicant. The decision of the city manager shall be final. No sales activities or services offered, other than those outlined in the application for temporary stand license, shall be conducted within the confines of the temporary stand once the license has been approved. The license is nontransferable and shall be posted in a conspicuous location at the place of business. (Ord. 3178 § 1 (Exh. A), 2018; Ord. 2957 § 1, 2010; Ord. 2448 § 1, 1995; Ord. 2408 § 1, 1994; Ord. 2232 § 4, 1990; Ord. 2123 § 1, 1987; Ord. 1769 § 2, 1979).

5.32.295 Temporary firework stands.

Nothing contained in PMC 5.32.280 through 5.32.315 shall be deemed applicable to temporary firework stands and/or the operation of such stands. (Ord. 2448 § 1, 1995; Ord. 2232 § 4, 1990; Ord. 1769 § 2, 1979).

5.32.300 Minimum standards for temporary stands.

Temporary stands shall conform to the following minimum standards and conditions:

(1) Such temporary stands need not comply with all provisions of the building code of the city; provided, however, that all such stands shall be erected under the supervision of the fire chief, or his/her duly authorized representative, who shall require that all stands be constructed in a safe manner, insuring the safety of attendants and patrons.

(2) No license for any such temporary stand shall be issued if, in the professional opinion of the fire chief such temporary stand would be unsafe or would constitute a danger, hazard or threat to the public safety. (Ord. 2448 § 1, 1995; Ord. 2232 § 4, 1990; Ord. 1769 § 2, 1979).

5.32.303 Minimum standards for temporary fair parking lots. Added Ord. 3298

5.32.305 License fees – Issuance – Exemptions. Amended Ord. 3298

(1) A $25.00 processing fee shall be imposed upon temporary stand license applications for those constructed stands which, in the sound discretion of the fire chief or his/her duly authorized representative, require an inspection for safety compliance; provided further, that said processing fee shall be imposed for each event at which the constructed temporary stand is in operation. In addition, a temporary stand license fee is fixed at the sum of $10.00 per day, with a maximum operation period of 30 days per year as provided for in PMC 20.70.010 and 20.70.012. PMC 5.32.280 through 5.32.310 shall not apply to stands or booths within the grounds of the fair zone as provided in Chapter 20.37 PMC; and provided further, that the temporary stand license fee provided for in this section shall not be charged for the licensing of any temporary stands erected or operated in the city by any charitable, religious, or nonprofit organization or corporation which has received tax-exempt status under I.R.C. paragraph 501 (c) (3), 26 U.S.C.A. 501 (c) (3), as adopted or amended, and which has filed with the city of Puyallup clerk’s office a copy of the tax exemption granted by the Internal Revenue Service.

(2) All seasonal produce stands, as permitted under PMC 20.70.016, shall be subject to the $25.00 processing fee as established under subsection (1) of this section, but shall not be subject to the daily fee as established under subsection (1).

(3) The license fee for temporary fair parking is fixed at $37.50 per year.

(4) Any applicant receiving a temporary stands or temporary fair parking license and paying the fees required therefor, as provided in this section, shall be exempt from applying for and/or paying for a business license as required under Chapter 5.04 PMC. (Ord. 3178 § 1 (Exh. A), 2018; Ord. 2448 § 1, 1995; Ord. 2318 § 1, 1992; Ord. 2232 § 4, 1990; Ord. 1772 § 1, 1979; Ord. 1769 § 2, 1979).

5.32.310 License fees – Issuance – Exemptions.

Repealed by Ord. 2448. (Ord. 1769 § 2, 1979).

5.32.315 Penalty for violations.

Any person violating any of the provisions of PMC 5.32.280 through 5.32.310 shall constitute a Class I civil infraction as defined in the Chapter 1.02 PMC. (Ord. 2448 § 1, 1995; Ord. 2232 § 4, 1990; Ord. 1769 § 2, 1979)