Chapter 5.20


5.20.010    Definition – General – Exemption.

5.20.020    Farmers market – Defined.

5.20.030    Flea market – Defined.

5.20.040    Location – Zoning.

5.20.050    License required – Fees.

5.20.060    Community events – License required.

5.20.070    Application.

5.20.080    Violation – Penalty.

5.20.010 Definition – General – Exemption.

A. “Temporary business” is defined as any person, firm, corporation, partnership or other entity who in person or by agent sells or offers to sell any goods, wares or merchandise within the City, on a temporary basis, or sells or offers to sell any goods, wares or merchandise within the City from a location or business address not associated with or adjacent to a permanent building or structure. Provided, that sale of or offers to sell merchandise from nonpermanent structures, tents, display racks or exhibits, on a temporary basis, shall not be defined as a temporary business where the business putting on the temporary sale is engaged in the business of selling the same or similar merchandise, and where the business operates out of a regular location in a permanent structure or building within the City and where the nonpermanent structures, tents, display racks or exhibits are operated adjacent to or upon the same business property as the permanent building or structure. This section shall not apply to solicitors as defined in SMC 5.22.010.

B. Specific exemptions from the license fee requirements of this chapter shall be local nonprofit organizations, which shall be composed of members who reside in the County and sell items for the purpose of carrying on charitable functions. Tax-exempt status shall be determined by the State and the provisions of Chapter 19.09 RCW, et seq. It shall be the responsibility of the nonprofit organization to provide satisfactory evidence of its nonprofit status and its eligibility for the business license fee exemption.

C. All those defined in subsection (A) of this section shall be required to provide a certificate from the Washington State Department of Revenue that shall show his/her tax number thereon. Each person obtaining a temporary business license shall collect and pay applicable State sales taxes for each taxable transaction conducted by the temporary business, or shall assure that each vendor participating in the temporary business shall collect and pay State sales taxes for each taxable transaction, in accordance with the requirements of State law. [Ord. 2048 § 2, 2002; Ord. 1900 § 1, 1995; Ord. 1776 § 1, 1992; Ord. 1617 § 1, 1987; Ord. 1406 § 2, 1983.]

5.20.020 Farmers market – Defined.

A “farmers market” is defined as a site where several temporary stands, tents, display racks, tables, trucks, or other nonpermanent structures are located for the purpose of selling fruits, produce, vegetables, plants, flowers and crafts. “Crafts,” for the purpose of this section, means new handmade artifacts and/or objects of art. [Ord. 2048 § 2, 2002; Ord. 1892 § 1, 1995; Ord. 1617 § 1, 1987; Ord. 1406 § 2, 1983.]

5.20.030 Flea market – Defined.

A “flea market” is defined as a gathering where a number of individuals set up, on a temporary basis, a sales area to display, sell or trade new and used merchandise, except fruit and produce. Flea markets shall be inside a building or in an enclosure with a solid six-foot fence. Flea markets shall not include those sales defined as yard sales, etc., pursuant to SMC 5.18.010. [Ord. 1406 § 2, 1983.]

5.20.040 Location – Zoning.

A temporary business will be located only in those zones as permitted by the City zoning ordinance for the same or similar businesses; provided, that a separate temporary business license shall be obtained for each separate location upon which the business is located. [Ord. 1662 § 3, 1989; Ord. 1406 § 2, 1983.]

5.20.050 License required – Fees.

Any temporary business as defined in SMC 5.20.010 shall have a license to do business in the City. Fees for such licenses will be:

A. Flea market: $25.00 per day;

B. Farmers market: $25.00 per day;

C. All others: $25.00 per day or $125.00 per year; provided, however, in the event a private business owner operating under a current City business license desires to make its private business property available for one or more temporary business vendors, and such private property consists of a building with covered roof and is adequate to provide safe interior accommodation of such proposed temporary business or businesses, together with adequate and safe accommodation of customers, such as a shopping mall, to enable such temporary businesses to display, market and sell goods and wares, each temporary business vendor shall obtain a temporary business license to operate within such building. Such temporary business license shall be valid for a period of 30 consecutive days upon date of issuance, and the fee for each such temporary business license shall be $10.00. [Ord. 2048 § 2, 2002; Ord. 1881 § 1, 1995; Ord. 1869 § 1, 1994; Ord. 1617 § 1, 1987; Ord. 1406 § 2, 1983.]

5.20.060 Community events – License required.

All temporary businesses as defined in this chapter and Chapter 5.21 SMC doing business within the City limits as a part of a community event, such as Sunshine Days, shall pay, collectively, only one $25.00 license fee which shall cover all such temporary businesses participating in such community event, for the duration of the event. For purposes of this section “community event” means any event or activity organized and sponsored by the Sunnyside Chamber of Commerce, the Sunnyside Hispanic Chamber of Commerce, the Sunshine Days Committee, or any other community organization recognized and approved by the City in which all citizens are invited to participate, and which is intended to benefit and promote the health, safety and welfare of the public as a whole rather than any particular person, group, or business. [Ord. 2048 § 2, 2002; Ord. 1788 § 1, 1992; Ord. 1406 § 2, 1983.]

5.20.070 Application.

Upon applying for the license, the applicant shall submit a complete application, stating name and address of the applicant and any other participating businesses, proposed location of the temporary business, description of the goods, wares, merchandise or services to be sold or offered for sale, length of stay, type of temporary structure(s), and any other information deemed necessary and appropriate by the City to facilitate consideration of the application. All fees paid shall be deemed administrative review fees earned upon processing the application. The City may permit, deny, or modify any request for temporary business license. [Ord. 2048 § 2, 2002; Ord. 1406 § 2, 1983.]

5.20.080 Violation – Penalty.

Any violation of this chapter shall be grounds for abatement of sale, immediate revocation of the temporary business license, and constitute an infraction subjecting the violator to a civil penalty up to $1,000 for each violation. [Ord. 2048 § 2, 2002; Ord. 1662 § 4, 1989; Ord. 1406 § 2, 1983.]