2019 0423 Council Agenda PacketMoses Lake City Council
Karen Liebrecht, Mayor | David Curnel, Deputy Mayor | Mike Riggs, Council Member | Don Myers, Council Member
Daryl Jackson, Council Member | Ryann Leonard, Council Member| Dean Hankins, Council Member
Study Session
April 23, 2019, 6:00 PM
Study Session – 6:00 pm
Ambulance Billing Process MLMC Title 2.30
Presented by John Williams, City Manager
The purpose of the study session is to allow the city council to discuss matters informally and in greater detail than permitted
at formal council meetings. While all meetings of the council are open to the public, study sessions discussions are generally
limited to the council, city staff and consultants.
Regular Meeting Agenda
April 23, 2019, 7:00 PM
Call to Order – 7:00 pm
Roll Call
Pledge of Allegiance
Summary Reports:
Mayor’s Report
Additional Business
City Manager’s Report
Citizen’s Communications – Identification
Citizens who would like to address the Council must complete one of the blue speaker request cards and submit it to the
City Clerk. There is a (5) minute time limit per speaker.
Presentation
#1 Driftmier Architects – Larson Rec Center Cost Estimates
Moses Lake Civic Center – 401 S. Balsam
April 23, 2019, City Council Meeting – Page 2
Consent Agenda Motion
All items listed below are considered to be routine and will be enacted by one motion. There will be no separate
discussion of these items unless a Council Member requests specific items to be removed from the Consent Agenda for
discussion prior to the time Council votes on the motion to adopt the Consent Agenda.
#2 a. City Council Meeting Minutes dated April 9, 2019
b. Bills and Checks
c. Award Bid for Fire Station 1 HVAC Project
d. Award Bid for Annual Citywide Crack Seal Project
e. Accept Harley B. Short Plat Improvements Resolution 3761
f. Accept Large Water Meter Vault Project – 2018 Rebid
Old Business
#3 Clover Drive Vacate Ordinance 2923 Motion
Presented by Kevin Myre, Building Official
Summary: Council to review and consider adoption
#4 Business License Amendments Ordinance 2924 Motion
Presented by Cindy Jensen, Finance Director
Summary: Council to review and consider adoption
New Business – none scheduled
Executive Session
Administrative Reports
Council Communications and Reports
Adjournment
MEMORANDUM
April 18, 2019
To: John Williams, City Manager
From: Cindy Jensen, Finance Director
Re: Funding of the Larson Recreation Center
One Time Funds
We have been using Hotel/Motel Tax (the City portion) to fund the match for the Parks
lighting/scoreboard projects, as well as the architect fee for the design of the Larson Recreation
Center. Through 2018 and 2019, $750,000 has been scheduled to be transferred to the Parks
Capital Fund, leaving an estimate of $360,000 in the Hotel/Motel Tax fund at the end of 2019.
The Parks Mitigation Fund has accumulated $594,000 at the end of 2018. We believe the LRC
would be an eligible use for these funds, as it would be supporting improvements to a regional
park.
The City has sold several properties in 2018. After allocating about $500,000 to the Building
Maintenance Fund to replace the storage space lost by the sale of the Penn St. property,
General Fund has increased its Fund Balance by about $700,000. This would be available for
one time capital purchases.
Another potential revenue source could be donations solicited from the community. Since the
facility would be for a broad public purpose, it would qualify as a charitable contribution for an
individual.
Debt Service
For 20 year General Obligation Bonded Debt, the rule of thumb is that it takes $80,000 of
annual payments to service $1,000,000 of principal. This assumes a net interest cost of 5%.
Hotel/Motel Tax
Because of the functionality being planned for the new facility, we believe that Hotel/Motel tax
would be an eligible use because it would support the “..capital expenditures of tourism-related
facilities owned or operated by a municipality…” as set forth in RCW 67.28.
The 2019 budget estimate of the City’s half of HMT receipts is $355,000, plus $5,000 for
interest, for a total receipt of $360,000. 2018 actual was $347,988 (roughly $348,000) plus
interest of about $9,000 for a total of $357,000. There is currently debt service of $57,000, and
other miscellaneous potential expenses of $16,000, so the total available annually for
additional debt service would be about $287,000. That debt service could support roughly $3.5
million borrowed.
General Fund (currently dedicated to Debt Service)
The debt service on the Civic Center will also be rolling off in 2020 and 2021. This facility had
external General Obligation bonds which is being paid down at a rate of $685,000 per year. The
last payment is in December, 2020, so the 2021 budget would have some capacity to “roll” debt
service.
There was also an interfund loan borrowed for Civic Center Construction. This has annual
payments of $980,000 scheduled through 2021, freeing up this amount in the 2022 budget.
Most of the existing debt service is tied to General Fund, although there is an allocation to the
utilities for the space occupied by Utility Billing of $156,000, leaving the General Fund portion
of total annual current debt service of $1,665,000 to be $1,509,000.
If we take the Utility portion of $156,000 from the Bonded Debt payment, General Fund would
have $529,000 available for Debt Service starting in 2021.
Operating Costs
Another consideration should also be the annual operating costs of a new facility. Examples of
additional costs would be janitorial support, utilities, ongoing repair & maintenance, etc. This
would also need to be funded from the available revenue streams in General Fund. Assuming
around $5.00 per square foot, annual operating costs could range from $125,000 to $150,000
depending on final design and ultimate use. The existing rent for The Learning Center of
$24,000 could be applied toward this expense, for a net of $126,000 ($150,000-$24,000).
Debt Capacity
The Washington State Constitution sets forth the maximum amount of outstanding General
Obligation Debt a municipality can have outstanding based on a percentage of taxable property
values. Non-voted (or Councilmanic) debt cannot be greater than 1.5% of assessed value of
taxable properties in the jurisdiction. On top of the constitutional restriction, Council’s may
also have additional limits. As far as I know, Council has not adopted a formal policy setting
further restrictions.
As of the end of 2018, the City had approximately $4.3 million of net Councilmanic General
Obligation debt outstanding, which leaves $28.5 million of available capacity compared to the
1.5% value of assessed property of $32.8 million. If Council chooses to keep a conservative
balance of 50% of capacity available for true emergencies, we could have net outstanding debt
of up to $16.4 million. This leaves “room” in our capacity calculation to borrow an additional
$12.1 million.
Conclusion
When we issue bonds, we can have some latitude to “structure” the bond payments to match
our repayment stream. For example, if we go ahead and start construction and need to borrow
in late 2019, we could pay interest only in 2020 using the available Hotel/Motel tax, and start
principal repayment in 2021 when the existing GO debt is paid in full.
The City potentially has about $954,000 available to continue the planning stages of the project
in hotel/motel tax and Parks mitigation funds (not counting the proceeds from the sale of
property of $700,000 in General Fund), and about $816,000 in available revenue streams to
fund annual costs relating to the new facility, using hotel/motel tax and the repayment of the
General Obligation bonds. When we subtract net annual operating costs of $126,000,
$690,000 could be available for debt service as early as 2021. Using the rule of $80k, about
$8.625 million could be borrowed within those debt service constraints. (It should be noted
that these summaries only include Hotel/Motel Tax and the pay down of GO debt without
considering the interfund loan debt.) Council could direct to have a more aggressive paydown
timeframe, which would increase the annual debt service over fewer years.
MOSES LAKE CITY COUNCIL
April 9, 2019
STUDY SESSION
A study session was held prior to the regular meeting to discuss homelessness options with Hope
Source CEO Susan Grindle and COO John Raymond. Hope Source is committed to “giving a
hand up to ensure all people have equal access to education, employment, and the benefits of economic development to improve their lives.” They have four offices in eastern Washington to serve chronic homeless individuals in five counties for the last five years. City staff will continue to work on access to mandated funding to provide these services locally.
CALL TO ORDER
The regular meeting of the Moses Lake City Council was called to order at 7:00 p.m. by Mayor Liebrecht in the Council Chambers of the Civic Center, 401 S. Balsam, Moses Lake, Washington.
ROLL CALL
Present: Mayor Liebrecht; Deputy Mayor Curnel; Council Members Jackson, Myers, Leonard, Riggs, and Hankins. PLEDGE OF ALLEGIANCE
Community member David Sparks led the Council in the Pledge of Allegiance.
SUMMARY REPORTS:
MAYOR’S REPORT
Recently attended a welcome event for 53 Japanese agriculture students on their arrival
date. They are here to learn about local farming techniques to take back to their country.
CITY MANAGER’S REPORT New City Employees
Police Chief Kevin Fuhr introduced the new Police Clerk Esther Valdez. Deputy City
Manager Gil Alvarado introduced the new Building Inspector Jeanne Carter. Mrs. Carter is the first female Building Inspector for the city. 4th Quarter Financial Report
Finance Director Cindy Jensen’s report was distributed to Council at the meeting and will
be posted on the city’s website. CITIZEN’S COMMUNICATION Concessionaires Contract
Troy White, 1116 S Evergreen Dr, Moses Lake, requested changes to his contract for equipment rental in public parks. Council requested staff to review changes with the vendor. .
CITY COUNCIL MINUTES – April 9, 2019
pg. 2
PRESENTATION
Impact Fees
Parametrix Consultant Susan Devine provided a PowerPoint presentation to summarize the purpose, goals, stakeholder meetings, types of fees, and developable land. She recommends the city adopt a 6-year Capital Facilities Plan to identify project deficiencies.
CONSENT AGENDA
#1 a. City Council meeting minutes March 26th
b. Claims in the amount of $1,043,029.06; prepaid claim checks in the amounts of $9,157.81, $9,616.81, $55,687.23, $19,909.78, and $335.16; claim checks in the amount of $1,059,494.59 and payroll checks in the amount of $397,756.15 c. Award Salt Storage Canopy Project d. Barrington Point 4A Final Major Plat Acceptance
Action taken: Council Member Riggs moved to approve the Consent Agenda, second by Council Member Myers. The motion carried 7 – 0. PUBLIC HEARINGS #2 Western Avenue Vacate Ordinance – 1st Presentation The request is from Howard Homesly to vacate a portion of Right-of-Way adjacent to Milwaukee Industrial Park Plat 1. Council adopted Resolution 3757 on March 12th to set the hearing date and staff posted the notice of hearing as required by state statute. Mayor
Liebrecht opened the public hearing at 7:50 p.m. There was no public testimony and the hearing was closed. The subject will be presented for Council action on April 23rd. #3 Clover Drive Vacate Ordinance – 1st Presentation The request is from Columbia Northwest Engineering, on behalf of two parties, to vacate
a portion of Right-of-Way adjacent to Portion of F.U. 122 and Lot 1 Central Machinery MP. Council adopted Resolution 3758 on March 12th to set the hearing date and staff posted the notice of hearing as required by state statute. Mayor Liebrecht opened the public hearing at 7:55 p.m. There was no public testimony and the hearing was closed. The subject will be presented for Council action on April 23rd.
OLD BUSINESS #4 Camping Regulation MLMC 9.18 Ordinance 2921
Council discussed multiple amendments to the draft ordinance that was first presented
late last year. City Attorney Katherine Kenison explained the process of the 9th Circuit Court to deny the Boise case appeal, read a portion of the 9th Circuit Court comments from six judges who joined in dissent on the three judge panel on the Boise decision, and advised that the City of Boise has not determined their next steps of an appeal, which
could be to the Supreme Court.
Action taken: Mayor Liebrecht moved to adopt Ordinance 2921 with removal of the penalties
CITY COUNCIL MINUTES – April 9, 2019
pg. 3
section, second by Deputy Mayor Curnel. The motion carried 6 – 1, Council Member Leonard opposed.
#5 Encumbrance Ordinance 2922, 1st Quarter Budget Adjustment First presentation of the draft ordinance occurred on March 26, 2019. The ordinance amends the 2019 budget from bringing 2018 programs forward, new grants or Council initiatives, and correction of errors since the 2019 budget was set.
Action taken: Council Member Jackson moved for approval of Ordinance 2922, second by Council Member Myers. The motion carried 7 – 0. NEW BUSINESS #6 Surplus Property Policy Resolution 3760 The resolution grants authority to the City Manager to streamline the disposition of certain types of surplus property.
Action taken: Council Member Leonard moved to approve Resolution 3760 with an amendment of the threshold to $10k, second by Council Member Myers. The motion carried 7 – 0. #7 Sparks Annexation Petition and Notice of Intent The subject property parcel 3131142000 is located on Frontage Rd near I-90. Once a
notice is accepted by Council, annexation proceedings are initiated which give Council 60 days to accept the annexation.
Action taken: Council Member Jackson moved to accept the Notice of Intent as presented, second by Council Member Hankins. The motion carried 6 – 1, Council Member Leonard opposed.
#8 Business License Amendments Ordinance The ordinance makes the city regulations compatible with the state’s process for business licenses for the recently mandated partnership with all cities. Finance Director Cindy Jensen explained the implementation and prorated billing process for existing licenses.
1st presentation of the ordinance. No action taken. ADMINISTRATIVE REPORTS
City Manager John Williams provided an update on a potential improvement project at the skate
park or ice rink by a local service organization. The non-rep employee Comp and Class Study
began yesterday and is expected to be completed with implementation options in July. He also provided an update on the estimated costs and funding options to construct a new recreation center that will be formally presented at the next Council meeting.
Deputy City Manager Gil Alvarado advised that Grant County has responded to 2019 UGA
Comp Plan Amendment applicants that they are ‘technically incomplete.’ A Land Capacity Analysis needs to be done, but cannot be done before this year’s due date of tomorrow. COUNCIL COMMUNICATIONS AND REPORTS – no action taken.
CITY COUNCIL MINUTES – April 9, 2019
pg. 4
EXECUTIVE SESSION
Mayor Liebrecht called an Executive Session at 8:55 p.m. to be held for 10 minutes pursuant to RCW 42.30.110(1)(i)(C) to discuss litigation and there will be no further business. ADJOURNMENT
The regular meeting was adjourned at 9:05 p.m.
______________________________________ Karen Liebrecht, Mayor ATTEST____________________________________
Debbie Burke, City Clerk
Page 1 of 2
STAFF REPORT
To: John Williams, City Manager
From: Fred Snoderly, Municipal Services Director
Date: April 12, 2019
Proceeding Type: Consent Agenda
Subject: Request To Award 2019 HVAC Fire Station No. 1
Legislative History:
• First Presentation:
• Second Presentation:
• Requested Action:
April 23, 2019
Motion
Staff Report Summary
On April 10, 2019, staff opened bids for the 2019 HVAC Fire Station No. 1 project. The City received
two (2) bids for the work. The low bid is $150,222.25, and the Engineer’s Estimate is $129,720.00.
This project includes replacing seven (7) of eight (8) HVAC units in Fire Station 1, including controls
and lines. The 8th unit failed last year and was subsequently replaced.
Background
The 2019 budget includes $140,000 for the work, but didn’t include replacing the lines from the
heat pump to the HVAC units. We included replacement of the lines with the project because the
existing lines are twenty (20) years old, they are under the concrete slab, their condition is
unknown, and they would be a major repair upon failure.
The low bidder, Basin Refrigeration & Heating, Inc., has been in business within the City of Moses
Lake for many years. They indicated that a major portion of the labor for this project is in replacing
the lines.
Fiscal and Policy Implications
The project will require budgeted funds to be spent.
Page 2 of 2
Options
Option Results
• Award the HVAC Fire Station No. 1
Project to the lowest bidder
Staff will move forward with executing a
contract with the low bidder to complete the
work.
• Take no action Staff will stop working on this project and wait
for further direction from City council.
Staff Recommendation
Staff recommends awarding the bid for the HVAC Fire Station No. 1 Project to Basin Refrigeration
& Heating, Inc., in the amount of $150,222.25.
Attachments
A. Bid Summary
Legal Review
N-A
April 10, 2019
Bid Summary
2019 HVAC Fire Station No. 1
ITEM #ITEM DESCRIPTION total UNIT unit price cost unit price cost unit price cost
1 HVAC Fire Station No. 1 1 LS $70,000.00 $70,000.00 $92,014.00 $92,014.00 $105,390.25 $105,390.25
2
ALCS Control System and
Thermostats 1 LS $50,000.00 $50,000.00 $46,952.00 $46,952.00 $48,032.94 $48,032.94
subtotal $120,000.00 $138,966.00 $153,423.19
Sales tax (8.1 %)$9,720.00 $11,256.25 $12,427.28
Total $129,720.00 $150,222.25 $165,850.47
Polhamus did not include Addendum No. 2 in the bid documents and provided a personal check for the bid bond
Basin's bid included both addenda and a cashier's check for the bid bond
Basin Refrigeration & Heating,
Inc.engineer's estimate Polhamus Heating & A/C, Inc.
Page 1 of 2
STAFF REPORT
To: John Williams, City Manager
From: Fred Snoderly, Municipal Services Director
Date: April 17, 2019
Proceeding Type: Consent Agenda
Subject: Award 2019 Crack Seal Project
Legislative History:
• First Presentation:
• Second Presentation:
• Requested Action:
April 23, 2019
Motion
Staff Report Summary
Staff opened bids for the 2019 Crack Seal Project on April 17th. The City received two bids for the
work. The low bid was $102,300.00 and the Engineer’s Estimate was $111,600.
Background
The 2019 budget includes money for completing these improvements. This project includes
crack sealing approximately 310,000 linear feet on designated streets and parking lots in the City.
The low bidder, BCV, Inc. of Wenatchee Washington, has successfully done business with the City
of Moses Lake in previous years.
Fiscal and Policy Implications
The project will require budgeted funds to be spent.
Page 2 of 2
Options
Option Results
• Award the 2019 Crack Seal Project to
the lowest bidder
Staff will move forward with executing a
contract with the low bidder to complete the
work.
• Take no action Staff will stop working on this project and wait
for further direction from City council.
Staff Recommendation
Staff recommends accepting the bid for the 2019 Crack Seal Project from BCV, Inc. in the amount
of $102,300.
Attachments
A. Bid Summary
Legal Review
N-A
Page 1 of 2
STAFF REPORT
To: John Williams, City Manager
From: Fred Snoderly, Municipal Services Director
Date: April 16, 2019
Proceeding Type: Consent Agenda
Subject: Resolution to accept improvements for the Harley B. Short Plat
Legislative History:
• First Presentation: April 23, 2019
• Second Presentation:
• Requested Action: Motion
Staff Report Summary
The street and utility improvements constructed to serve the Harley B. Short Plat are complete
and are ready to be accepted by City Council.
Background
The plat regulations require all street and utility improvements installed in right of way and
municipal easements to be accepted by City Council or bonded for prior to recording the plat and
issuing building permits. The construction plans are required to be reviewed and approved by
the City prior to construction. All the construction work is inspected to assure compliance with
the construction plans and city standards. The street and utility improvements in place will serve
a 2 (two) lot short plat. The plat created an additional lot from an existing lot.
Fiscal and Policy Implications
Upon acceptance, the City will be responsible for the maintenance and repairs of the
improvements.
A maintenance bond or other approved security in the amount of $7,750.00 (50% of total costs
of $15,500.00) to the City is required to be provided by the owners for the two year maintenance
period which commences on the date of acceptance of the improvements by the City Council.
Page 2 of 2
Options
Option Results
• Move to adopt the resolution as
presented
The improvements will be accepted and the
plat can be completed.
• Modify the resolution Action could require staff to bring a revised
document to Council for consideration.
• Take no action The City will not accept the plat improvements
and the plat could not be completed.
Staff Recommendation
Staff recommends City Council adopt the resolution as presented.
Attachments
A. Resolution, site map
Legal Review
N/A
RESOLUTION NO. 3761
A RESOLUTION ACCEPTING STREET AND UTILITY IMPROVEMENTS FOR
MUNICIPAL USE AS PART OF HARLEY B. SHORT PLAT
Recitals:
1.Street and Utility improvements, lying in dedicated right-of-way or easements, are in
place and constructed to the City of Moses Lake’s street and utility systems as part of the
Harley B. Short Plat.
2.Said street and utility improvements have been installed in accordance with the City ofMoses Lake’s Community Standards, such installation being completed in April, 2019.
3. RCW 35.91.030 indicated that public street and utility facilities, which are developer
installed, should be accepted by the City of Moses Lake upon completion if the facilities
are built to city standards.
Resolved:
1.The City Council of Moses Lake accepts the street and utility improvements as facilities
of the City of Moses Lake and as such will charge for use of such facilities as authorized
by ordinance, contingent upon and the owners providing a maintenance bond for the
street and utility improvements effective for two years from the date of acceptance of the
improvements by Council.
2.After April 23, 2021 all further maintenance and operation cost of said street and utility
improvements, shall be borne by the City of Moses Lake, as provided by city ordinance.
ADOPTED by the City Council on April 23, 2019.
____________________________________
Karen Liebrecht, Mayor
ATTEST:
________________________________
Debbie Burke, City Clerk
Page 1 of 2
STAFF REPORT
To: John Williams, City Manager
From: Fred Snoderly, Municipal Services Director
Date: April 17, 2019
Proceeding Type: Consent Agenda
Subject: Accept Large Water Meter Vault Project – 2018 Rebid
Legislative History:
April 23, 2019 •First Presentation:
•Second Presentation:
•Action: Motion
Staff Report Summary
Cutting Edge Earthworks has completed the work on the Large Water meter Vault Project – 2018
Rebid and it is ready to be accepted.
Background
The project consisted of replacing five large water meters and associated piping and landscaping
within the City of Moses Lake water service area.
The work was completed for a final total $98,615.04. The original price for the contract was
$86,459.19. The additional cost was due to extra sod replacement, miscellaneous parts required,
and standby time for the City Water Department to perform some needed maintenance at two of
the locations.
The work completed by the contractor is physically complete and ready for acceptance.
Page 2 of 2
Fiscal and Policy Implications
Upon acceptance, the City will enter into the 60-day lien period as required by Washington State
Law.
Options
Option Results
•Approve a motion to accept the project
as presented.
The 60-day lien period will begin.
•Take no action.The project won’t be accepted at this time.
Staff Recommendation
Staff recommends Council accept the Large Water Meter Vault Project – 2018 Rebid.
Attachments
A. None
Legal Review
N-A
Page 1 of 2
STAFF REPORT
To: John Williams, City Manager
From: Gilbert Alvarado, Deputy City Manager
Date: April 17, 2019
Proceeding Type: Old Business
Subject: Clover Drive Right of Way Vacation Ordinance
Legislative History:
• First Presentation: April 9, 2019
• Second Presentation: April 23, 2019
• Action: Motion
Staff Report Summary
The City Council should consider a request from Columbia Northwest Engineering, on behalf of
Confluence Health and Maiers Enterprise LLC, to vacate a portion of Right-of-Way (ROW) described
as a portion of Clover Drive, adjacent to Portion of F.U. 122 and Lot 1 Central Machinery MP. The
City Council set a Public Hearing date for April 9, 2019 to consider the merits of the vacation. The
Public Hearing is in accordance to RCW 35.79.030, Hearing – Ordinance of Vacation.
Attached is an Ordinance vacating a portion of Clover Drive. The Ordinance calls for compensation
of that portion of Clover Drive to be vacated, in an amount which does not exceed one-half the
appraised value of the area.
Background
Confluence Health and Maiers Enterprise, LLC is requesting the vacation of a portion of
unimproved ROW on Clover Drive. This property once vacated would provide additional area to
the site development.
Fiscal and Policy Implications
Right-of-Way that is vacated no longer is a responsibility and encumbrance for the City of Moses
Lake to operate and maintain. The long-term operation and maintenance is a fiscal consideration.
Page 2 of 2
Options
Option Results
• Consider the request to vacate ROW The adjacent lots would be allowed more
design abilities.
• Take no action. ROW remains as is and unimproved at this
time.
Staff Recommendation
Staff recommends that City Council consider adoption of the ordinance.
Attachments
A. Ordinance with Legal Description
B. Letter of Request and Map
C. Memo from Municipal Services
Legal Review N-A
ORDINANCE 2923
AN ORDINANCE VACATING A PORTION OF CLOVER DRIVE RIGHT-OF-WAY THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS
FOLLOWS:
Section 1. The following described public right-of-way shall be vacated: A TRACT OF LAND, BEING PORTIONS OF THE SW1/4 OF SECTION 25, THE SE1/4 OF SECTION 26, THE NE1/4 OF SECTION 35, AND THE NW1/4 OF SECTION 36, ALL
IN TOWNSHIP 19 NORTH, RANGE 28 EAST, W.M., OF MOSES LAKE, GRANT COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE U.S.B.R. BRASS CAP MARKING THE SOUTHWEST CORNER OF SAID SECTION 25, FROM WHICH, A CITY OF MOSES LAKE BRASS CAP MARKING THE INTERSECTION
OF YONEZAWA BOULEVARD AND CLOVER DRIVE BEARS NORTH 00023’00” WEST, A DISTANCE OF 759.65 FEET; THENCE NORTH 89046'45" EAST, ALONG THE COMMON LINE TO SAID SECTIONS 25 AND 36, A DISTANCE OF 12.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 00030’58” EAST, PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION
36, A DISTANCE OF 30.01 FEET; THENCE SOUTH 89046’45” WEST, 12.00 FEET TO SAID WEST LINE; THENCE SOUTH 89047’46” WEST, PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35, A DISTANCE OF
30.00 FEET, THENCE NORTH 00030’58” WEST, 30.00 FEET TO SAID NORTH LINE; THENCE
NORTH 00023’00” WEST, PARALLEL WITH THE EAST LINE OF SAID SECTION 26, A DISTANCE OF 517.04 FEET; THENCE SOUTH 89037’00” WEST, 30.00 FEET TO SAID EAST
LINE; THENCE CONTINUING SOUTH 89037’00 WEST, 30.00 FEET; THENCE SOUTH
00023’00” EAST, PARALLEL WITH THE WEST LINE OF SAID SECTION 25, A DISTANCE OF 562.44 FEET TO A CURVE, CONCAVE TO THE NORTHEAST; THENCE
ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 48011'09", AN ARC LENGTH OF 16.82 FEET TO A REVERSE CURVE, CONCAVE TO
THE SOUTHWEST; THENCE ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 62049’31”, AN ARC LENGTH OF 43.86 FEET TO THE SOUTH LINE OF SAID SECTION 25; THENCE SOUTH 89046’45” WEST, ALONG SAID SOUTH LINE, 36.70 FEET TO THE TRUE POINT OF BEGINNING. SAID TRACTS CONTAINS 0.90 ACRES OR 38,989 SQUARE FEET, MORE OR LESS.
Section 2. The city shall be compensated for one half the purchase price of the vacated property. The vacation shall not become effective until the required compensation is received by the City.
Section 3. Severability. If any section of this ordinance is found to be unconstitutional or invalid
as written or as applied to any particular person or circumstances, no other section of
the ordinance shall be deemed to be invalid, but rather, should be deemed to have been enacted independently and without regard to the section affected.
Section 4. Effective Date. This ordinance shall take effect and be in force five (5) days after its
passage and publication of its summary as provided by law.
Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on April 23, 2019.
_____________________________________ Karen Liebrecht, Mayor
ATTEST: _______________________________________
Debbie Burke, City Clerk
APPROVED AS TO FORM:
_______________________________________ Katherine L. Kenison, City Attorney
Vote: Riggs Liebrecht Myers Jackson Curnel Leonard Hankins
Aye
Nay
Abstain Absent
Date Published: April 29, 2019 Date Effective: May 3, 2019
1
Debbie Burke
From: Fred Snoderly <fsnoderly@cityofml.com>
Sent: Friday, April 5, 2019 11:01 AM
To: Gilbert Alvarado <galvarado@cityofml.com>; Debbie Burke <dburke@cityofml.com>
From: Municipal Services Director
Subject: Vacation comments‐ Western Avenue & Clover Drive.
Western Avenue will require a cul‐de‐sac turn‐around at each end of Western Avenue with a minimum radius
of 120 feet. This will allow for the proper grading of the remaining gravel segments.
Storm water structures would be required at each end of the cul‐de‐sac’s and the existing storm water
structure will need to be removed or vacated; otherwise, storm water from City right‐of‐way will flow onto
private property.
All remaining municipal infrastructure within the vacated portion of Western should remain accessible for
maintenance.
Clover Drive: Access from Yonezawa is restricted by ordinance. It may benefit both owners to consider their
options of accessing their properties from Yonezawa. As a suggestion; a short, improved cul‐de‐sac on Clover
on the south side of Yonezawa may help with the access issue.
Page 1 of 2
STAFF REPORT
To: John Williams, City Manager
From: Cindy Jensen, Finance Director
Date: April 17, 2019
Proceeding Type: Old Business
Subject: Business License Amendment Ordinance
Legislative History:
• First Presentation:
• Second Presentation
April 9, 2019
April 23, 2019
• Requested Action: Motion
Staff Report Summary
The City of Moses Lake has been working with the State Department of Revenue, Business
Licensing Services (BLS) to partner with them for business licensing. Council approved the model
business license ordinance on October 23, 2018 which primarily synchronized the City’s definitions
to match the State.
We are scheduled to “go-live” with the switch-over for businesses to process City business licenses
through the State system on May 23, 2019. In anticipation of this change, the legal team at BLS
reviewed our current Municipal Code regarding business licensing, and proposed changes so we
can be consistent with the implementation work. The attached ordinance incorporates the results
of the BLS review and their recommended changes.
Background
Our partnership with BLS is on track to meet the 5/23/2019 “Go Live” date. We have gone through
business requirements and BLS is aware of all our operating rules. We have been working on
updating our business license database to meet the BLS system requirements, and the full
database is due 4/19. We will stop taking applications here on 5/10, and the final database is due
on 5/15. Training is scheduled for 5/16, in advance of go live, and a second training is scheduled
for 6/6 after go live.
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The most noticeable difference in the program is that the City’s license will expire the same date
as the state license, which are based on anniversary date compared to our calendar year renewal
process. So in the first year, there is a proration process for the City’s licenses.
A change is also being proposed for late fees. The State has a delinquent fee, and since the
businesses will only be interacting directly with BLS for their renewal, our fee is both redundant
and difficult to enforce. With that in mind, we are proposing to eliminate our $50 late fee for a 30
day delinquency, but will retain the ability to ticket a business if circumstances warrant.
Most other changes are clarifications of state responsibility and the relationship of special permits
to the basic business license.
Fiscal and Policy Implications
The only change to the basic licensing program is the elimination of the $50 late fee. According to
BLS, other cities who have partnered with the state has seen a marked increase in the number of
businesses being licensed in their communities. This should more than make up for the loss of
revenue from delinquencies.
Options
Option Results
• Pass the Ordinance Our partnership with BLS can go forward to
meet the scheduled “Go Live” date of 5/23.
• Modify the Ordinance There would still be time to make any changes
proposed by Council.
• Do not pass the Ordinance We would need to work with BLS to see how
this might change the process.
Staff Recommendation
Staff recommends City Council consider adoption of the Ordinance.
Attachments
A. Ordinance
Legal Review
The following documents are attached and subject to legal review:
Type of Document Title of Document Date Reviewed by Legal Counsel
• Ordinance Business License Amendments 03/21/2019
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ORDINANCE – 2924
AN ORDINANCE AMENDING MOSES LAKE MUNICIPAL CODE CHAPTERS 5.04, 5.06, 5.07, 5.08, 5.12, 5.16, 5.22, 5.36, 5.40, 5.50, 18.55 AND 18.63 RELATED TO BUSINESS LICENSING REGULATIONS
WHEREAS, The City of Moses Lake has entered into an interlocal agreement with the Washington State Business
Licensing Service (BLS), a division of the Department of Revenue, whereby BLS will process City business license
applications to be effective May 23, 2019; and
WHEREAS: BLS has reviewed our existing ordinances governing the City’s business license process and recommended
changes to reference the new partnership and clarify the roles and responsibilities in relation to the business license
applications.
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. MLMC Chapters 5.04, 5.06, 5.07, 5.08, 5.12, 5.16, 5.22, 5.36, 5.40, and 5.50 are amended as follows:
Chapter 5.04
LICENSING REGULATIONS
Sections:
5.04.010 Authority.
5.04.015 Definitions. 5.04.020 License Required. 5.04.030 License - Contents. 5.04.040 Application For New Business. 5.04.050 Location Change. 5.04.060 Term of License. 5.04.070 Temporary Conditional Licenses. 5.04.080 Fee Schedule. 5.04.090 Certain Businesses Exempt. 5.04.100 Payment of Fee - Time Limit. 5.04.110 General Fund.
5.04.120 Consent to Inspections and Searches.
5.04.010 Authority:
The provisions of this chapter shall be deemed an exercise of the authority and power of the city to license, for the purposes of regulation and revenue, all and every kind of business authorized by law and transacted and carried on within
the corporate limits of the city, as provided by RCW 35A.11.020 and 35.23.440. (Ord. 2296, 3/27/07; Ord. 2282, 12/12/06)
5.04.015 Definitions:
As used in this chapter, the following words shall have the meanings set forth in this section:
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(1) “Business, trade or profession” means any activity or venture carried on for profit or held out as a service for
fees whether paid in cash or by means of barter or trade.
(2) “Engaging in business”
(a) The term “engaging in business” means commencing, conducting, or continuing in business, and also
the exercise of corporate or franchise powers, as well as liquidating a business when the liquidators thereof hold themselves out to the public as conducting such business.
(b) This section sets forth examples of activities that constitute engaging in business in the City, and
establishes safe harbors for certain of those activities so that a person who meets the criteria may engage in de minimus business activities in the City without having to pay a business license fee. The activities listed in this section are illustrative only and are not intended to narrow the definition of “engaging in business” in subsection (1). If an activity is not listed, whether it constitutes engaging in business in the City shall be determined by considering all the facts and circumstances and applicable law.
(c) Without being all inclusive, any one of the following activities conducted within the City by a person, or its employee, agent, representative, independent contractor, broker or another acting on its behalf constitutes engaging in business and requires a person to register and obtain a business license.
(i) Owning, renting, leasing, maintaining, or having the right to use, or using, tangible personal property, intangible personal property, or real property permanently or temporarily located in the City.
(ii) Owning, renting, leasing, using, or maintaining, an office, place of business, or other establishment in the City.
(iii) Soliciting sales.
(iv) Making repairs or providing maintenance or service to real or tangible personal property, including warranty work and property maintenance.
(v) Providing technical assistance or service, including quality control, product inspections,
warranty work, or similar services on or in connection with tangible personal property sold by the person or on its behalf.
(vi) Installing, constructing, or supervising installation or construction of, real or tangible
personal property.
(vii) Soliciting, negotiating, or approving franchise, license, or other similar agreements.
(viii) Collecting current or delinquent accounts.
(ix) Picking up and transporting tangible personal property, solid waste, construction debris, or excavated materials.
(x) Providing disinfecting and pest control services, employment and labor pool services, home nursing care, janitorial services, appraising, landscape architectural services, security system services, surveying, and real estate services including the listing of homes and managing real property.
(xi) Rendering professional services such as those provided by accountants, architects, attorneys, auctioneers, consultants, engineers, professional athletes, barbers, baseball clubs and other sports
organizations, chemists, consultants, psychologists, court reporters, dentists, doctors, detectives, laboratory operators, teachers, veterinarians.
(xii) Meeting with customers or potential customers, even when no sales or orders are solicited at
the meetings.
(xiv) Investigating, resolving, or otherwise assisting in resolving customer complaints.
(xv) In-store stocking or manipulating products or goods, sold to and owned by a customer,
regardless of where sale and delivery of the goods took place.
(xvi) Delivering goods in vehicles owned, rented, leased, used, or maintained by the person or another acting on its behalf.
(d) If a person, or its employee, agent, representative, independent contractor, broker or another acting on the person’s behalf, engages in no other activities in or with the City but the following, it need not register and obtain a business license.
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(i) Meeting with suppliers of goods and services as a customer.
(ii) Meeting with government representatives in their official capacity, other than those performing contracting or purchasing functions.
(iii) Attending meetings, such as board meetings, retreats, seminars, and conferences, or other
meetings wherein the person does not provide training in connection with tangible personal property sold by the person or on its behalf. This provision does not apply to any board of director member or attendee engaging in business such as a member of a board of directors who
attends a board meeting.
(iv) Renting tangible or intangible property as a customer when the property is not used in the City.
(v) Attending, but not participating in a “trade show” or “multiple vendor events”. Persons participating at a trade show shall review the City’s trade show or multiple vendor event ordinances.
(vi) Conducting advertising through the mail.
(vii) Soliciting sales by phone from a location outside the City.
(e) A seller located outside the City merely delivering goods into the City by means of common carrier is not required to register and obtain a business license, provided that it engages in no other business activities in the City. Such activities do not include those in subsection (d).
The City expressly intends that engaging in business include any activity sufficient to establish nexus for purposes of applying the license fee under the law and the constitutions of the United States and the State of Washington. Nexus is presumed to continue as long as the taxpayer benefits from the activity that
constituted the original nexus generating contact or subsequent contacts.))
(3) “Peddler” means any person whether a resident of the City of Moses Lake, or not, traveling by foot, wagon, automobile vehicle or any other type of conveyance, from place to place, from house to house, or from street to
street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car or other vehicle or conveyance; and further provided, that one who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this chapter shall be deemed a peddler subject to the provisions of this chapter. However, persons who regularly exhibit samples only for the purpose of securing orders for future delivery only shall not be defined as a peddler. The word “peddler” shall include the words “hawker” and “huckster”.
(4) “Person” means the singular and the plural and shall also mean and include any person, firm or corporation, association, club, co-partnership, joint venture or society or any other organization.
(5) “Transient merchant”, “itinerant merchant” or “itinerant vendor” means any person, firm or corporation, whether as owner, agent, consignee or employee, whether a resident of the city or not, who engages in a temporary business of selling or delivering goods, wares and merchandise within the city, and who, in the furtherance of such purpose hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad
boxcar, boat, public room in hotels, lodging houses, apartments, shops or any street, alley, lot, yard or any other place within the city, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction; provided, that such definition shall not be construed to include any person, firm or corporation who, while occupying such temporary location, does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery only. The person, firm or corporation so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer.
(6) “Transient business” or “itinerant business” means a business operated by a transient merchant, itinerant merchant or itinerant vendor.
(7) “Bona fide charitable or nonprofit organization” means any tax exempt nonprofit corporation, association, corporation, or organization recognized by the State of Washington and Federal Government.
(8) “Business Licensing Service” or “BLS” means the office within the Washington State Department of Revenue providing business licensing services to the city.
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5.04.020 License Required:
It is unlawful for any person, firm, corporation, or association to engage in any kind of business, trade or profession in the city, authorized by law, which is not otherwise required to be licensed as a transient merchant, itinerant merchant,
itinerant vendor, or the like by Moses Lake Municipal Code under Chapter 5.06 MLMC, and for which a business license is required, as provided in this chapter, within the city, without first obtaining a license as provided for by this chapter.
Each physical business location operated by the same owner requires a separate license. If two or more business owners
operate their own business at the same physical location each must obtain a license for their respective business.
Any person, firm, corporation, or association owning and offering for rent any rental units or mobile home spaces used for residential purposes which have an on-site residential manager shall be required to obtain a business license for each such
premises.
Any person, firm, corporation, or association owning and offering for rent any transient living units, mini-storage units, recreational vehicle spaces, or campground spaces shall be required to obtain a business license for each such premises.
(Ord. 1618, 1994; Ord. 1599, 1993; Ord. 1361, 1989; Ord. 1112, 1983)
5.04.030 License - Contents:
All applications for licenses provided for in this chapter shall be issued reviewed by the Finance Director, or his or her designee, for approval or denial of issuance. upon paying to the Finance Director the proper license fee as provided in this chapter. All licenses shall bear the name of the licensee, and shall designate the nature of the business, trade, or profession operated by the licensee; and shall also designate the location where the business, trade, or profession is carried on, and the date of expiration of the license., the date of the issuance of the license, and the amount paid for the license. Each
licensee shall conspicuously post such license in his place of business or office, and shall produce such license for inspection if required to do so by any authorized city official. (Ord. 1974, 11/14/00; Ord. 1885, 12/28/99)
5.04.040 Application For New Business:
Application for a business license as required by this chapter is made through the Business Licensing Service (BLS). The application must include all information required for all licenses requested and total fees due for all licenses, as well as the
handling fee required by RCW 19.02.075. BLS will provide the application information to the Finance Director. If the licensee is a new business, prior to the issuance of the business license, the Finance Director shall submit the application therefor to the Fire Chief and the Building Inspector of the city for approval of the location where the licensee is to carry on the business, trade or profession, and the business license shall be issued approved for issuance only if the location is in compliance with building and fire codes of the city as those codes relate to existing and/or new structures. (Ord. 1974, 11/14/00; Ord. 1885, 12/28/99)
5.04.050 Location Change:
If an existing licensee desires to change the location of the business, trade, or profession from the location designated on the business license, application prior to commencing business at the new location, notification must be made to the Finance Director prior to the change in locationBusiness Licensing Service, which will convey the information to and the
Finance Director. The Finance Director shall, prior to the issuance approval for issuance of a new business license, submit the application change information therefor to the Fire Chief and the Building Inspector of the city for approval of the new location where the licensee is to carry on the business, trade, or profession. , and tThe business license for the new
location shall be issued approved only if the location is in compliance with building and fire codes of the city as those codes relate to existing and/or new structures. There shall be no additional city business license fee assessed an existing business changing its location, provided there is no requirement otherwise to submit a new license application to complete
the change of location., and the new business license issued shall carry the same expiration date. (Ord. 1974, 11/14/00; Ord. 1885, 12/28/99)
5.04.060 Term of License:
All licenses shall be for a period of one (1) year, unless otherwise provided in this chapter, and expire on the date established by the Business Licensing Service.; such license is to begin January first of each year and terminate the following December thirty-first, and it The license must be renewed annually in advance. No license shall be transferable.
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All licenses will be renewed through the Finance Director with payment of the yearly feeBusiness Licensing Service. The
renewal application must include all information required for all licenses being renewed, and the total fees due for all licenses, as well as the handling fee required by RCW 19.02.075. The license term and respective fee amount may be prorated to allow synchronizing the license expiration date with the business license account expiration established by the
Business Licensing Service. (Ord. 2282, 12/12/06; Ord. 1974, 11/14/00; Ord. 1459, 1990)
5.04.070 Temporary Conditional Licenses:
A. Licenses issued for the following businesses by the Finance Director shall be temporary considered conditional, and, notwithstanding the expiration date appearing on the license document, a will not attain a permanent license status shall not be issued by the Finance Director until the Finance Director confirms the business has been approved by the Grant County Health Department, which approval must be obtained within thirty (30) days after the issuance of said temporary conditional licenses:
1. Bakeries;
2. Cafes and restaurants;
3. Confectioneries;
4. Grocery stores;
5. Meat markets;
6. Produce stores (wholesale and retail)
7. Soda fountains;
8. Taverns;
9. Auto courts;
10. Cabin courts;
11. Hotels;
12. Trailer courts.
B. If at any time any of the businesses licensed of any of the types identified in this section do not meet with the approval of the Grant County Health Department, the city license issued to the business shall be revoked and shall not be reissued until such business again meets with the approval of the Grant County Health Department. (Ord.
1974, 11/14/00; Ord. 1885, 12/28/99)
5.04.080 Fee Schedule:
The city business license fee shall be assessed in accordance with the adopted fee schedule for the year, payable in advance, for each business, trade or profession, conducted or carried on within the corporate limits of the city; provided, that tax exempt nonprofit companies, associations, corporations, or copartnerships of whatever kind as defined by the federal or state government, shall not be required to pay the business license fee, but, nevertheless, shall obtain a business license, without fee, if conducting a business in order to raise funds from members outside the organization. The full
business license fee as assessed in accordance with the adopted fee schedule shall may be prorated over four (4) quarters, payable between January 1 and March 31, three (3) quarters of total cost payable between April 1 and June 30, two (2) quarters of total cost payable between July 1 and September 31, and one (1) quarter of total cost payable between October
1 and December 31as necessary to accommodate the expiration date setting performed by the Business Licensing Service. The business license fee exemption for tax exempt nonprofit companies, associations, corporations, or copartnerships of whatever kind as referred to herein shall be obtained once and shall be effective for the lifetime of the organization. This
exemption is an addition to that provided in Section 5.04.090. No business, profession or trade conducted or carried on in a single location under one management or ownership shall pay more than one license fee regardless of the multiple nature of the business carried on; Provided further that no tax exempt nonprofit company, association, corporation, or copartnership of whatever kind as defined by the federal or state governments which operates or conducts a community festival or event of no more than four days in duration shall be required to obtain a business license as herein previously provided and the exemption which has been provided shall extend to the festival’s or event’s participants operating under sanction of said festival or event. Any business, profession or trade in more than one location within the city shall pay a license fee for each location where the business, profession, or trade is conducted. (Ord. 2837, 12/27/16; Ord. 1974, 11/14/00; Ord. 1885, 12/28/99; Ord. 1442, 90; Ord. 1150, 84; Ord. 1132, 84; Ord. 1053, 82; Ord. 953, 80)
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5.04.090 Exemptions:
A fee as provided for in this chapter shall not be required in the following situations. To the extent set forth in this section, the following persons and businesses shall be exempt from the registration, license and/or license fee requirements as
outlined in this chapter:
(1) Any person transacting and carrying on any business which is exempt from a city license fee if the fee is preempted by virtue of the Constitution of the United States, the Constitution of the State of Washington, or the
laws of the United States or the state of Washington. Burden of proof is on the applicant.;
(2) A person making casual or isolated sales of goods or merchandise not in the course of a business at a flea market, rummage sale, yard sale, garage sale, farmer’s market, bazaar or like sale when such sales, markets or bazaars are conducted on a Friday, Saturday, Sunday or any City recognized holiday and provided also, that such flea markets, bazaars or the like shall be licensed by the City of Moses Lake for operation at the particular location indicated on that license, are exempt from the registration requirement.
(3) Sales conducted by students of public or private primary and secondary schools are exempt from the registration requirement.
(4) Farmers or gardeners selling their own unprocessed farm produce grown exclusively upon lands owned or
occupied by them are exempt from the registration.;
(5) Charitable, religious or nonprofit organizations or corporations which have received tax-exempt status under
the Internal Revenue Code Section 501C(3), 26 USC 501C(3), as adopted or as hereafter amended are exempt from the city license fee. Any person claiming an exemption shall file with the Finance Director or designee a copy of the tax exemption status granted by the Internal Revenue Service. The Finance Director or designee shall
maintain a list of all organizations who have claimed exemption.
(6) Any person or business whose annual value of products, gross proceeds of sales, or gross income of the business in the city is equal to or less than $2,000 and who does not maintain a place of business within the city, shall submit a business license registration to the Finance Director or designeeas provided for in this chapter, but be exempt from the city license fee. The threshold does not apply to regulatory license requirements or activities that require a specialized permit. (Ord. 1974, 11/14/00; Ord. 1885, 12/28/99)
5.04.100 Payment of Fee - Time Limit:
A. All persons, co partnerships, companies, associations, or corporations who are wish to engaged in business or in practice of their trades or professions in the city shall procure their license to operate on or before the thirty-first day of each and every Januarycommencing business. In the event the license is not procured on or before January thirty-first of each yearprior to commencing business, a late penalty in the amount of fifty ($50.00) dollars shall be imposed by the city in addition to all other fee required, and enforcement will be taken as provided for in this section.
B. All persons, co partnerships, companies, associations, or corporations who commence business or practice of their trades or professions in the city after the thirty-first day of January of each and every year, shall within one month from the commencement date procure their license to operate for the current year and if the license to
operate is not procured within the month, a late penalty in the amount of fifty ($50.00) dollars shall be imposed and enforcement will be taken as provided for in this section.All licenses issued under the requirements of this chapter must be renewed on or before the expiration date, as provided in MLMC 5.04.060, in order to continue to
conduct business in the city. Failure to renew by the expiration date will incur the late renewal penalty required by RCW 19.02.085. Failure to complete a late renewal within 120 days after expiration of the license will result in cancellation of the license, and will require submitting a new application for license and reapproval as provided in
this chapter in order to continue conducting business in the city.
C. When the Finance Director determines that a violation of this chapter exists, he or she may proceed against that violator using the procedures provided for in Chapter 1.20 MLMC.
D. Appeals. Any enforcement taken by the Finance Director shall be appealable as provided for in Chapter 1.20 MLMC, with the informal administrative appeal authorized by section 1.20.120 to the Finance Director. (Ord. 2877, 11/14/17; Ord. 2873, 10/10/17; Ord. 2864, 5/9/17; Ord. 2765, 5/12/15; Ord. 2296, 3/27/07)
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5.04.110 General Fund:
All funds received by the city under the terms of this chapter shall be paid into the General Fund of the city and budgeted annually for any municipal purpose, as required by law.
5.04.120 Consent to Inspections and Searches:
Every person who obtains a business license hereunder agrees to subject their place of business whether it be a building, room, cart, stand, vehicle, or stock of merchandise to inspection by city, county and health district and state officials with
jurisdiction to enforce, health, safety, occupational, and tax laws. (Ord. 2296, 3/27/07)
Chapter 5.06
LICENSING REGULATIONS - TEMPORARY LOCATIONS
Sections:
5.06.010 Authority. 5.06.020 License Required. 5.06.030 Definitions. 5.06.040 License - Contents. 5.06.045 Application Requirements. 5.06.047 Insurance. 5.06.050 Review by Fire Chief and Building Official. 5.06.060 Location Change. 5.06.070 Term of License. 5.06.080 Fee Schedule. 5.06.090 Certain Businesses Exempt.
5.06.100 Cash Deposit. 5.06.105 Garbage Receptacle Required. 5.06.110 Non-Transferability of License.
5.06.120 Revocation or Denial of License. 5.06.130 Duty of Building Official to Enforce. 5.06.140 General Fund.
5.06.150 Fees Collected by Court. 5.06.160 Penalty for Violations. 5.06.170 Appeal.
5.06.010 Authority:
The provisions of this chapter shall be deemed an exercise of the authority and power of the City to license, for the purposes of regulation and revenue, all and every kind of business authorized by law and transacted and carried on within the corporate limits of the City, as provided by RCW 35A.11.020. (Ord. 2783, 10/13/15; Ord. 1113, 1983)
5.06.020 License Required:
It is unlawful for any person, firm, corporation, or association to engage in any kind of business, trade or profession authorized by law within the City of Moses Lake as a transient merchant, itinerant merchant, or itinerant vendor, as defined in Section MLMC 5.06.030, without first obtaining a license therefore in compliance with the provisions of this chapter. The license required by this chapter is in lieu of the general business license required under Chapter 5.04 MLMC.
(Ord. 2783, 10/13/15; Ord. 1113, 1983)
5.06.030 Definitions:
For the purpose of this chapter, a “transient merchant”, “itinerant merchant”, or “itinerant vendor” is defined as any person, firm, corporation or association, whether as owner, agent, consignee or employee, whether a resident of the City or not, which engage in a temporary business of selling and delivering goods, wares, and merchandise within said City,
and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, parking lot or area, motor
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vehicle, tent, railroad boxcar or both, public room in hotels, motels, lodging houses, apartments, shops, or any street,
alley, or other public places within the City, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction provided that such definition shall not be construed to include any person, firm, corporation or association who, while occupying such temporary location, does not sell from stock but exhibits samples only for the
purpose of securing orders for future delivery only. The person, firm, corporation or association so engaged shall not be released from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the
name of any local dealer, trader, merchant or auctioneer. (Ord. 2783, 10/13/15; Ord. 1113, 1983)
5.06.040 License - Contents:
All licenses provided for in this chapter shall be issued by the Finance Director upon paying to the Finance Director the proper license fee as provided in this chapter. All licenses shall bear the name of the licensee, and shall designate the nature of the business, trade, or profession operated by the licensee; and shall also designate the location where the business, trade, or profession is carried on, the date of their expiration of the license, the date of the issuance of the license, and the amount paid for the license. Each licensee shall conspicuously post such license in his place of business or office, and shall produce such license for inspection if required to do so by any authorized City official. (Ord. 2492,
7/28/09; Ord. 1113, 1983)
5.06.045 Application Requirements:
The application shall be submitted at least 14 days before the proposed start of business, and shall include the following:
A. Application form
B. Application fee per MLMC 5.06.080
C. Cash deposit per MLMC 5.06.100
D. Written permission of the owner of the property where the business is proposed to be located
E. Site plan showing the proposed location of the business, including existing buildings, parking, and any proposed structures, vehicles, tents, etc.
F. Proof of insurance coverage, per MLMC 5.06.047. (Ord. 2783, 10/13/15)
5.06.047 Insurance:
The licensee shall obtain and maintain public liability and property damage insurance in the amount of one million dollars ($1,000,000) which shall remain in full force and effect during the duration of the license. The insurance policy shall name the City as an additional named insured and the policy shall not be canceled or reduced without prior written notice to the City as least thirty (30) days in advance of the cancellation. Proof of insurance shall be provided as a condition of issuance of the license. (Ord. 2783, 10/13/15)
5.06.050 Review by Fire Chief and Building Official:
Prior to the issuance of all licenses authorized by this chapter, the Finance Director shall submit the application to the Fire Chief and Building Official of the City for approval of the location where the licensee is to carry on the business, trade or
profession, and the business license shall be issued only if the location is in compliance with building and fire codes of the City as those codes relate to exiting and/or new structures. (Ord. 2492, 7/28/09; Ord. 1113, 1983)
5.06.060 Location Change:
If an existing licensee desires to change the location of the business, trade, or profession from the location designated on the business license, application must be made to the Finance Director at least fourteen (14) days prior to the change in location and the Finance Director shall, prior to the issuance of a new business license, submit the application therefor to the Fire Chief and the Building Official of the City for approval of the new location where the licensee is to carry on the business, trade, or profession, and the business license shall be issued only if the location is in compliance with building and fire codes of the City as those codes relate to existing and/or new structures. There shall be no additional business
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license fee assessed an existing licensee for a change of his location, and the new business license issued shall carry the
same expiration date. (Ord. 2783, 10/13/15; Ord. 2492, 7/28/09; Ord. 1113, 1983)
5.06.070 Term of License:
All licenses shall be for a period of one year, unless otherwise provided in this chapter; such license is to begin January 1 of each year and terminate the following December 31. (Ord. 1113, 1983)
5.06.080 Fee Schedule:
The business license fee shall be assessed in accordance with the adopted fee schedule for the year or part thereof, payable in advance, for each business, trade or profession, conducted or carried on within the corporate limits of the City; provided, that tax exempt nonprofit companies, associations, corporations, or co-partnerships of whatever kind as defined by the federal or state government, shall not be required to pay the business license fee but, nevertheless, shall obtain a business license, without fee, if conducting a business in order to raise funds from members outside the organization. The business license for tax exempt nonprofit companies, associations, corporations, or co-partnerships of whatever kind as referred to herein shall be obtained once and shall be effective for the lifetime of the organization. This exemption is an addition to that provided in Section 5.06.090. No business, trade or profession conducted or carried on in a single location under one (1) management or ownership shall pay more than one license fee regardless of the multiple nature of the business carried on; Provided further that no tax exempt nonprofit company, association, corporation, or co-partnership of
whatever kind as defined by the federal or state governments which operates or conducts a community festival or event or event of no more than four (4) days in duration shall be required to obtain a business license as herein previously provided and the exemption which has been provided shall extend to the festival’s or event’s participants operating under sanction
of said festival or event. Any business, profession or trade in more than one (1) location within the City shall pay a license fee for each location where the business, profession, or trade is conducted. (Ord. 2838, 12/27/16; Ord. 2783, 10/13/15; Ord. 1460, 1990; Ord. 1420, 1990; Ord. 1151, 1984; Ord. 1113, 1983)
5.06.090 Certain Businesses Exempt:
A. Recognizing that there are locally owned and operated small or part-time businesses which would be unduly penalized by requiring licensing under this chapter and the payment of the business license fee as provided in Section 5.06.080, there is exempted from this business licensing chapter those locally owned and operated businesses, professions, or trades wherein the annual gross income is less than one thousand dollars ($1,000) per year.
B. The provisions of this chapter shall not be construed to apply to the following:
1. Persons selling only fruits, vegetables, berries, eggs, or any farm produce.
2. Persons selling only trees used for the celebration of the Christmas season.
3. Persons required to obtain a business license under Chapter 5.04 MLMC. (Ord. 2783, 10/13/15; Ord.
1113, 1983)
5.06.100 Cash Deposit:
Before a license is issued under authority of this chapter, the applicant, in addition to paying the applicable license fees, shall deposit with the Finance Director a refundable cash deposit or a cashier’s check in the amount of one hundred fifty
dollars ($150). The deposit or cashier’s check shall be refunded or returned to the licensee at such time as it has been determined that any check used to pay the license fee has cleared and after the licensee delivers to the City a signed, declaration indicating the amount of gross sales and which calculates the amount of sales tax to be forwarded to the
Washington Department of Revenue. In addition the statement shall contain a current address and telephone number of the licensee. (Ord. 2492, 7/28/09; Ord. 1113, 1983)
5.06.105 Garbage Receptacle Required:
All transient merchants vendors shall have at least one (1) adequately sized garbage receptacle upon the site of business for customer use. (Ord. 2783, 10/13/15)
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5.06.110 Non-Transferability of License:
All licenses provided for in this chapter shall be non-transferable. (Ord. 1113, 1983)
5.06.120 Revocation or Denial of License:
Any license pursuant to this chapter may be revoked or denied, in writing, by the Community Development Director for
any of the following causes:
A. Any fraud, misrepresentation, or false statement contained in the application for license.
B. Any fraud, misrepresentation, or false statement made in connection with the selling of products.
C. Any violation of this chapter.
D. Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude.
E. Conducting the business licensed under this chapter in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public. (Ord. 2783, 10/13/15)
5.06.130 Duty of Building Official to Enforce:
It shall be the duty of the Building Official of the City of Moses Lake and his designee to examine all places of business and persons subject to the provisions of this chapter, to determine if this chapter has been complied with and to enforce the provisions of this ordinance against any person found to be violating the same. (Ord. 1113, 1983)
5.06.140 General Fund:
All funds received by the City under the terms of this chapter shall be paid into the General Fund of the City and budgeted annually for any municipal purpose, as required by law. (Ord. 1113, 1983)
5.06.150 Fees Collected by Court:
The City shall have the power to institute suit or action in any court of competent jurisdiction for the purpose of collecting
any license fees that are due and payable. (Ord. 1113, 1983)
5.06.160 Penalty for Violations:
Failure to comply with any provision of this chapter shall subject the violator to the following penalties as they are defined in Chapter 1.08 of this code:
Violation Penalty
Failure to Obtain License C-7
(Ord. 1113, 1983)
5.06.170 Appeal:
Any person aggrieved by the denial of an application for a license or by the revocation of a license as provided for in this chapter, shall have the right to appeal to the City Council. Such appeal shall be taken by filing with the Finance Director within fourteen (14) calendar days after the notice of decision has been mailed to the applicant’s or licensee’s last known address, a written statement setting forth the grounds for the appeal. The City Council shall set the time and place for
hearing on such appeal, and notice of such hearing shall be given by mail to the appellant at least five (5) calendar days prior to the date fixed for such hearing. (Ord. 2783, 10/13/15)
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Chapter 5.07
MOBILE AND STREET FOOD VENDORS
Sections:
5.07.010 License Required. 5.07.020 Definitions. 5.07.030 Exemptions. 5.07.040 Application. 5.07.045 Insurance. 5.07.050 Investigation and Determination. 5.07.060 Fees. 5.07.070 Exhibiting of License/Transfer. 5.07.080 Compliance with Regulations.
5.07.090 Mobile and Street Vendor Standards. 5.07.100 Revocation or Denial of License. 5.07.110 Appeal.
5.07.120 Penalty. 5.07.130 Duty of Building Official to Enforce. 5.07.140 General Fund. 5.07.150 Fees Collected by Court.
5.07.010 License Required:
It shall be unlawful for a mobile or street vendor to engage in business within the City of Moses Lake except when licensed as a mobile or street vendor as defined in this chapter. The license required by this chapter is in addition to the business license provided for by Chapter 5.04 MLMC, if it is also required. (Ord. 2784, 10/13/15; Ord. 1619, 1994)
5.07.020 Definitions:
The following terms and definitions shall be used in the administration of this chapter.
A. "Mobile Vendor" shall mean any person, firm, or corporation, whether as owner, agent, consignee, or employee, whether a resident of the City or not, who engages in a business of selling and delivering food from a
vehicle or other motorized conveyance upon privately or publicly owned property including any public street, sidewalk, alley, or public way of the City. A person, firm, or corporation so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer,
trader, merchant, or auctioneer, or by conducting such temporary business in connection with, as part of, or in the name of any local dealer, trader, merchant, or auctioneer.
B. “Food” shall have its usual and ordinary meaning, and shall include all items designed for human
consumption, including, but not limited to, candy, gum, popcorn, hot dogs, sandwiches, peanuts, soft drinks, frozen concessions, nonalcoholic beverages, and dairy products. Products regulated by the Washington State Liquor and Cannabis Board may not be sold by mobile or street vendors.
C. “Authorized Concession Stand” shall mean a concession stand operated or maintained for the sale of food or merchandise, in the public parks of the City, or on other public property, by the City or in accordance with a City-approved agreement or franchise.
D. “Public Celebration” shall mean the Spring Festival activities customarily celebrated in and around McCosh Park and other areas of the City, as well as any other time of public celebration.
E. “Special Event” shall mean an event for which the City has authorized use of City facilities for use by
vendors, such as the Farmers Market.
F. “Street Vendor” shall mean a vendor, including any owner and employee, selling food within a public or private parking lot, pedestrian plaza, public street, alley, sidewalk, public right-of-way, or public property, using a
non-motorized cart or temporary structure. (Ord. 2878, 11/14/17; Ord. 2784, 10/13/15; Ord. 1619, 1994)
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5.07.030 Exemptions:
The provisions of this chapter shall not be construed to apply to the following:
A. Persons selling only fruits, vegetables, berries, eggs, or any farm produce.
B. Persons selling only trees used for the celebration of the Christmas season.
C. Persons required to obtain a business license under Chapter 5.04 MLMC. (Ord. 2784, 10/13/15; Ord. 1619, 1994)
5.07.040 Application:
Any person, firm, or corporation desiring to secure a license as a mobile or street vendor shall make application to the City, on forms to be provided by the City, at least fourteen (14) days before the requested start date of the business. Such
application shall provide:
A. The name or names and address of the applicant, vehicle license numbers of all vehicles or a description of the conveyance from which the applicant proposes to conduct business; description of the general type of food
proposed to be sold by the applicant.
B. Each application shall be accompanied with the license fee as provided for in this chapter.
C. Each license application for a mobile or street vendor shall be accompanied with the following information to establish compliance with this chapter and other applicable codes:
1. A statement explaining the method of trash and litter disposal being proposed by the vendor
2. Washington State Tax Number
3. Proof of general liability and/or vehicle liability insurance coverage, per MLMC 5.07.045 (Ord. 2784, 10/13/15; Ord. 1619, 1994)
5.07.045 Insurance:
The licensee shall obtain and maintain public liability and property damage insurance in the amount of one million dollars
($1,000,000) which shall remain in full force and effect during the duration of the license. The insurance policy shall name the City as an additional named insured and the policy shall not be canceled or reduced without prior written notice to the City as least thirty (30) days in advance of the cancellation. Proof of insurance shall be provided as a condition of
issuance of the license. (Ord. 2784, 10/13/15)
5.07.050 Investigation and Determination:
Upon receipt of such application, the Community Development Director shall cause such investigation of such person or persons’ business responsibility to be made as is deemed necessary for the protection of the public good and shall refer the application to the Community Development Department for its determination as to compliance with standards and requirements of this chapter. An application shall be denied by the Community Development Director upon written findings that the applicant’s business responsibility is unsatisfactory or that the proposed business activity will violate any
applicable law, rule, or regulation. Any license issued under this chapter shall contain the number on the license, the date same was issued, the nature of the business authorized to be carried on, the amount of license fee paid, the expiration date of said license, and the name or names of the person or persons authorized to carry on the same. The Community
Development Department shall keep a record of all licenses issued under this chapter and shall promptly provide the Washington State Department of Revenue a copy of any license issued under this chapter. (Ord. 2784, 10/13/15; Ord. 1925, 4/11/00; Ord. 1619, 1994)
5.07.060 Fees:
A. An initial application fee shall be assessed in accordance with the adopted fee schedule and will be submitted with all applications for each vehicle, conveyance, or stand. The renewal fee for a mobile or street vendor license shall be the same as a standard business license, provided there has been no interruption in maintaining the mobile or street vendor licenses of the vehicles, conveyances, or stands.
B. Any license issued under the provisions of this chapter shall expire December 31st of the year it is issued.
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C. In addition to the application fee, the applicant shall pay an annual fee which shall be assessed in accordance
with the adopted fee schedule to help defray the cost of screening the applicant for the license. (Ord. 2878, 11/14/17; Ord. 2839, 12/27/16; Ord. 2784, 10/13/15; Ord. 1975, 11/14/00; Ord. 1886, 12/14/99; Ord. 1619, 1994)
5.07.070 Exhibiting of License/Transfer:
A. Any license issued under this chapter shall be posted conspicuously upon all vehicles, conveyances, or temporary structures from which a mobile or street vendor conducts business.
B. Any license issued under this chapter shall not be transferred to any other person, firm, or corporation. (Ord. 2784, 10/13/15; Ord. 1619, 1994)
5.07.080 Compliance with Regulations:
All food vendors shall comply with all laws, rules, and regulations regarding food handling, and all vehicles, conveyances, and stands used for the sale of food shall comply with all applicable laws, rules, and regulations respecting such vehicles, conveyances, or stands as established by the Grant County Health District, the Washington State Motor Vehicle Code, and as set forth in the Moses Lake Municipal Code. (Ord. 2784, 10/13/15; Ord. 1619, 1994)
5.07.090 Mobile and Street Vendor Standards:
All mobile and street vendors licensed under this chapter shall conform to the following standards:
A. No mobile or street vendor shall operate from one (1) location in a residential zone as defined in Title 18 of the Moses Lake Municipal Code for longer than fifteen (15) minutes at a time.
B. No mobile or street vendor shall locate his or her vehicle or conveyance in that portion of public right of way
abutting private property without the written permission of the owner of the abutting private property. No food shall be offered, displayed, or sold, and no customers served, in any vehicle travel lane. A temporary stand shall not be located within twenty feet (20’) of any public right-of-way or within twenty feet (20’) of the intersection of
any public right-of-way and private driveway.
C. No signs or signage shall be permitted other than that which can be contained on the vehicle or conveyance utilized or as otherwise allowed.
D. No vehicle, other conveyance or temporary stand shall be located closer than twenty feet (20’) from any building or structure.
E. No vehicle, other conveyance or temporary stand shall locate closer than fifty feet (50’) from flammable
combustible liquid or gas storage and dispensing structures.
F. All mobile and street vendors shall have at least one (1) adequately sized garbage receptacle upon the site of business or on the vehicle or conveyance for customer use.
G. Sites used by mobile or street vendors shall be cleaned of all debris, trash, and litter at the conclusion of daily business activities.
H. All vehicles, other conveyances, or temporary stands shall be equipped with at least one 2A-40 BC fire extinguisher.
I. No mobile or street vendor shall sell or vend from his or her vehicle or conveyance:
1. Within four hundred feet (400’) of any public or private school grounds during the hours of regular school session, classes, or school related events in said public or private school, except when authorized by said school.
2. Within one hundred fifty feet (150’) of the entrance to any restaurant, café, or eating establishment during business hours of the eating establishment, unless the eating establishment has provided written permission to the vendor to locate closer. The vendor shall produce the written permission for inspection
if required to do so by any authorized City official.
3. Within three hundred feet (300’) of any public park of the City where any City authorized concession stand is located during times other than during the course of a public celebration except as approved by the Parks and Recreation Department of the City.
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4. Within three hundred feet (300’) of any public park of the City where any City authorized concession
stand is located during the course of a public celebration when non-profit organizations are permitted to engage in the sale of merchandise and food in such park.
5. Within three hundred feet (300’) of any public park or other public space during a special event for
which organizations are permitted to sell merchandise and/or food in the park or public space for a fee, unless the mobile or street vendor obtains written permission from the coordinator of the event.
J. No mobile or street vendor shall conduct business so as to violate the traffic and sidewalk ordinances of the
City as now in effect or hereafter amended.
K. No mobile or street vendor shall obstruct or cause to be obstructed the passage of any sidewalk, street, avenue, alley or any other public place, by causing people to congregate at or near the place where goods, wares,
food, or merchandise of any kind is being sold or offered for sale.
L. All vehicles, other conveyances, or temporary stands shall be removed daily at the close of business. (Ord. 2824, 9/27/16; Ord. 2784, 10/13/15; Ord. 1619, 1994)
5.07.100 Revocation or Denial of License:
Any license pursuant to this chapter may be revoked or denied, in writing, by the Community Development Director for any of the following causes:
A. Any fraud, misrepresentation, or false statement contained in the application for license.
B. Any fraud, misrepresentation, or false statement made in connection with the selling of products.
C. Any violation of this chapter.
D. Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude.
E. Conducting the business licensed under this chapter in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public. (Ord. 2784, 10/13/15; Ord. 1925, 4/11/00; Ord. 1619, 1994)
5.07.110 Appeal:
Any person aggrieved by the denial of an application for a license or by the revocation of a license as provided for in this chapter, shall have the right to appeal to the City Council. Such appeal shall be taken by filing with the Finance Director within fourteen (14) calendar days after the notice of decision has been mailed, by certified mail, to the applicant’s or licensee’s last known address, a written statement setting forth the grounds for the appeal. The City Council shall set the time and place for hearing on such appeal and notice of such hearing shall be given by certified mail to the appellant at least five (5) calendar days prior to the date fixed for such hearing. (Ord. 2493, 7/28/09; Ord. 1619, 1994)
5.07.120 Penalty:
Failure to comply with any of the provisions of this chapter shall subject the violator to a C-6 penalty as defined in Chapter 1.08 of this code. (Ord. 1619, 1994)
5.07.130 Duty of Building Official to Enforce:
It shall be the duty of the Building Official of the City of Moses Lake and his designee to examine all places of business and persons subject to the provisions of this chapter, to determine if this chapter has been complied with and to enforce the provisions of this ordinance against any person found to be violating the same. (Ord. 2784, 10/13/15)
5.07.140 General Fund:
All funds received by the City under the terms of this chapter shall be paid into the General Fund of the City and budgeted
annually for any municipal purpose, as required by law. (Ord. 2784, 10/13/15)
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5.07.150 Fees Collected by Court:
The City shall have the power to institute suit or action in any court of competent jurisdiction for the purpose of collecting any license fees that are due and payable. (Ord. 2784, 10/13/15)
Chapter 5.08
BUSES
Sections:
5.08.010 Franchise Required.
5.08.010 Franchise Required:
No person, firm, copartnership, nor corporation shall operate any bus, passenger, or business for transportation of people upon a scheduled or occasional route or routes within the city unless they shall have first obtained a franchise or other
ordinance permitting them to so operate. The franchise or permit required by this chapter is in addition to a general business license that may be required under Chapter 5.04 MLMC.
Chapter 5.12
SPECIAL EVENTS
Sections:
5.12.010 Purpose and Policy. 5.12.020 Intent.
5.12.030 Definitions. 5.12.040 Exemptions. 5.12.050 Administration.
5.12.060 Permit Required. 5.12.070 Permit Fee and Deposit - Exemptions. 5.12.080 Prioritization of Permit Applications.
5.12.090 Permit Application and Issuance. 5.12.100 Permit Requirements. 5.12.110 Permit Conditions. 5.12.120 Denial of Application. 5.12.130 Indemnification. 5.12.140 Insurance Required. 5.12.150 Revocation or Suspension. 5.12.160 Appeal Procedure. 5.12.170 Waiver of Application Deadline - Waiver of fees, insurance and performance requirements for special events protected under the First and Fourteenth Amendments to the U.S. Constitution. 5.12.180 Penalty for Violation.
5.12.190 Severability.
5.12.010 Purpose and Policy:
Special events are of infrequent occurrence and temporary nature and may be associated with promotions, holidays, festivals, and the like. Special events shall be allowed by a special events permit granted by the City Manager or designee.
(Ord. 2817, 7/12/16)
5.12.020 Intent:
It is the specific intent to place the obligation of complying with the requirements of this chapter upon the applicant or sponsor, and nothing contained in this chapter is intended to be construed to create or form the basis for liability on the
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part of the City, or its officers, employees or agents for any injury or damage resulting from the failure of the applicant or
sponsor to comply with the provisions stated herein. (Ord. 2817, 7/12/16)
5.12.030 Definitions:
For the purpose of this chapter, words and phrases used herein are as follows:
A. “Applicant” shall mean any person or organization who seeks a special event permit to conduct or sponsor an event governed by this chapter.
B. “Athletic event” shall mean an occasion in which a group of persons collect to engage in or watch a sport or form of exercise on private or public property and/or on a City street, sidewalk, alley, or other street right-of-way, which obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic, or does not comply
with traffic laws or controls. Athletic events include, but are not limited to, bicycle and foot races.
C. “Block party” shall mean a limited street closure within a residentially zoned area for the purposes of holding a gathering involving the immediately surrounding residents.
D. “Expressive activity” means conduct, the sole or principal object of which is the expression, dissemination or communication by verbal, visual, literary or auditory means of opinion, views or ideas. Expressive Activity includes, but is not limited to, public oratory and the distribution of literature.
E. “Funeral procession” means a single direct movement from a mortuary or church to the place of burial of a human body, under the direction of an authorized funeral director.
F. “Permit application fee” shall mean the fee to be paid by the special event permit applicant at the time the application is filed with the Finance Director. Such fee shall be set by the City Council.
G. “Permittee” shall mean any person or organization who has been issued a special events permit by the City
Manger or designee. The permittee shall have authority, subject to approval by the City, to determine participation in commercial activities during a special event.
H. “Refundable deposit” shall mean the amount of money required of a permittee by the Municipal Services Department, Public Works Division, in order to assure adequate cleanup of the special event site. The deposit shall be returned to the permittee upon the completion of the event and approval of the Municipal Services Department, Public Works Division.
I. “Special Event” means:
1. Any organized formation, parade, procession, demonstration or assembly which may include persons, animals, vehicles, or any combination thereof, which is to assemble or travel in unison on any street, sidewalk or other public right-of-way owned or controlled by the City which does not comply with applicable traffic regulations, laws or controls.
2. Any organized assemblage of seventy-five (75) or more persons at any public place, property, or facility which is to gather for a common purpose under the direction or control of a person.
3. Examples of special events include, but are not limited to, concerts, parades, circuses, fairs, festivals, block parties, street fairs, community events, on the water activities (such as boat races), mass participation sports (such as marathons and other running events), athletic or sporting events, and community celebrations and observances conducted on public property or public rights of way.
J. “Special events permit” shall mean the permit issued by the City Manager or designee after the applicant has met all applicable reviews and requirements set forth in this chapter. (Ord. 2817, 7/12/16)
5.12.040 Exemptions:
The provisions of this chapter shall not apply to:
A. Funeral processions
B. Groups required by law to be so assembled
C. Pedestrian processions along a route that is restricted to sidewalks and crossing streets only at pedestrian crosswalks in accordance with traffic regulations and controls.
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D. Expressive activities. If practicable, the organizers should give notice to the City at least four (4) hours prior
to the event informing the City of the date and time of the event and provide an estimate of the approximate number of persons who will be participating.
E. Activities of state and federal governmental agencies, including military units, which are performed within
the scope of such agency’s duties and functions.
F. Events conducted by the City of Moses Lake (Ord. 2817, 7/12/16)
5.12.050 Administration:
The City Manager shall, after consultation with appropriate departments and agencies, have discretionary authority regarding special event permits. The City Manager may approve, modify, or condition an application for a special events
permit in accordance with the principles of this chapter. (Ord. 2817, 7/12/16)
5.12.060 Permit Required:
A. Any person desiring to conduct or sponsor a special event on public property or which will necessitate the use of the public right-of-way shall first obtain a special events permit.
B. Any event subject to the provisions of this chapter that is staged without complying with all conditions of this
chapter shall be subject to closure by the City Police Department.
C. The permit required by this chapter does not absolve the special event permittee or any participants of the
event from otherwise obtaining and maintaining a business license under Chapter 5.04 MLMC when required. (Ord. 2817, 7/12/16)
5.12.070 Permit Fee and Deposit - Exemptions:
A. The fee for issuance of a special events permit shall be set by resolution of the City Council. A clean-up deposit is required for applicants or sponsoring organizations of special events involving the sale of food or
beverages for immediate consumption, the erection of structures, the use of horses or other animals, other than dogs and cats, or the use of fireworks or other incendiary devices, in an amount reasonably anticipated to be incurred in removing debris or litter caused by such special event as determined by the City Council. The clean-up deposit may be returned after the special event if the applicant or sponsoring organization cleans and restores the area used for the permitted event to the same condition as existed prior to the event. If the property used for the event has not been properly cleaned or restored, the clean-up deposit shall be applied toward the City’s costs in cleaning up the permitted area. There may be requirements for police officers to control traffic, provide security, and protect people and property at additional costs. The Public Works Division may have additional costs for placing barricades, roadway preparation, and clean-up.
B. No fee shall apply to a block party (Ord. 2817, 7/12/16)
5.12.080 Prioritization of Permit Applications:
When an event is proposed that would conflict with the time or location of another event, the following criteria shall guide the determination of priority for the special event:
A. Whether a special event is being proposed for the same area or time as another event and, if so, whether multiple events can be reasonably accommodated given the location and resources, and if not, giving priority to the first event for which a permit application is submitted; provided, that either an event sponsored by the City of
Moses Lake or a bona fide nonprofit organization that has previously occurred in the same general location or at the same approximate time of year shall have priority; provided further, that the nonprofit organization submits a timely and complete permit application for the special event.
B. Whether timing or location of an event might conflict with other projects and activities, for example, road work or a construction project.
C. History of the event or of other events held by a sponsoring party as related to safety, security, and
compliance with permit conditions. (Ord. 2817, 7/12/16)
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5.12.090 Permit Application and Issuance:
A. A special event application as provided by the Administration Department and provided by the Parks and Recreation Department shall be completed and submitted to the parks and Recreation Department at least sixty (60) days prior to the event. Applications submitted less than sixty (60) days prior to the event may be accepted if
the Administration Department finds that there is adequate time to properly process the request, that all requirements of the permit can be met without undue strain on City resources and the date and venue are available for use.
B. If required by the City, the permittee shall provide the City with proof of commercial general liability insurance as required in section 5.12.140 below.
C. The Parks and Recreation Director or designee shall issue the special event permit once the application has been approved after review of appropriate departments to include Police, Fire, Public Works, Parks, Community Development, and others as determined by the City Council, and the applicant has agreed in writing to comply with the terms and conditions of the permit.
D. The Parks and Recreation Director or designated appointee shall approve, conditionally approve, or deny an application based on the recommendations of City departments involved in the review process. (Ord. 2817, 7/12/16)
5.12.100 Permit Requirements:
A. Special event uses are to be temporary and approved for a particular zoning district by the Community Development Director.
B. Temporary signage and temporary structures will be allowed subject to provisions of this code pursuant to the
interpretive authority and discretion of the Community Development Director.
C. Requests for temporary parking facilities for special events and street closures for special events shall be subject to provisions of this code pursuant to the interpretive authority and discretion of the Police Chief. Street
closures for any portion of a state highway or right-of-way shall be subject to state requirements and approvals.
D. Requests for fire and emergency medical services shall be subject to requirements and interpretive authority and discretion of the City’s Fire Department.
E. Requests for police services shall be subject to provisions of this code pursuant to the interpretive authority and discretion of the Police Chief.
F. Expenses for fire, police, medical services, parks, and public works crews needed for coverage and cleanup at the special event shall be prepaid and the responsibility of the permittee, even if the permit fee has been waived. If the actual cost for City services and equipment on the date(s) of the event is greater than the estimated cost, the applicant/sponsor will be billed for the difference.
G. Adequate sanitation and other required health facilities shall, as required by applicable statutes and the Grant County Health District, be provided or made available in or adjacent to any public assembly areas.
H. Use of City water beyond incidental and typical consumptive uses, such as use of City water to run a water toy or water feature, shall require prepayment for such use in an amount to be determined by the City Manager. (Ord. 2817, 7/12/16)
5.12.110 Permit Conditions:
The Parks and Recreation Director or designee may condition the issuance of a special event permit by imposing reasonable requirements concerning time, place, and manner of the event; and such requirements as are necessary to protect the safety and rights of persons and property and the control of traffic. (Ord. 2817, 7/12/16)
5.12.120 Denial of Application:
A special event permit may be denied based upon a determination that:
A. The event would endanger public safety or health
B. The proposed event would seriously inconvenience or impair the general public’s use of public property, services or facilities
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C. The event would unreasonably infringe upon the rights of abutting properties
D. The event would conflict with another proximate event or interfere with construction or maintenance work in the immediate vicinity
E. There is not sufficient qualified safety personnel or other necessary City staff to accommodate the event
F. The applicant failed to complete the application form after being notified of the additional information or documents required
G. Information contained in the application of supplemental information requested from the applicant is found to
be false in any material detail
H. The applicant cannot meet, or is unwilling to meet, all of the requirements of this chapter or any special conditions imposed by any of the reviewing agencies
I. Other issues in the public interest were identified by the City Manager, City Council, or City Official
J. Failure to prepay expenses, fees, charges, deposits, insurance or bonds
K. The proposed event is scheduled to occur at a route or location adjacent to a school or class during a time when such school or class is in session, and the noise created by the activities of the event would substantially disrupt the educational activities of the school or class
L. The purpose of the proposed event is to incite crime or the overthrow of the government by force or the event
would engage in or encourage participants to engage in illegal acts
M. The primary purpose of the special event is for advertising products, goods, or events that are for private
profit, and the special event is primarily for private profit. The prohibition against advertising any product, goods, or event shall not apply to signs identifying organizations or sponsors furnishing or sponsoring exhibits or structures used in the special event. (Ord. 2817, 7/12/16)
5.12.130 Indemnification:
A. Prior to the issuance of the special event permit, the applicant must agree to reimburse the City for any costs
incurred by the City in repairing damage to City property occurring in connection with the permitted event.
B. In consideration of being permitted to produce this special event or activity or use of any City property or facilities in connection with this activity, the applicant (“indemnitor”) agrees to the following:
1. The indemnitor hereby agrees to release, indemnify and hold harmless the City of Moses Lake from any and all liability, claims, demands, causes of action, charges, expenses, and attorney fees (including attorney fees to establish the City’s right to indemnity or incurred on appeal) resulting from involvement in this event whether caused by any negligent act or omission of the City or otherwise. This agreement shall not apply to any liability resulting from the sole negligence of the City.
2. The indemnitor agrees to reimburse the City for any loss, theft of, or damage to City property,
equipment and/or facilities.
3. The indemnitor agrees to comply with all applicable laws, statutes, ordinances, rules and requirements including, but not limited to, not admitting more attendees than designated by the Fire Department as safe for the particular event or facility.
4. The indemnitor expressly agrees that this release and hold harmless agreement is intended to be as
broad and inclusive as permitted by Washington law and that if any portion thereof is held invalid, notwithstanding, the balance shall continue in full legal force and effect.
5. Falsification and/or misrepresentation in completing this application may result in rate adjustment or
event cancellation. Changes to the detailed program require immediate notification to City. (Ord. 2817, 7/12/16)
5.12.140 Insurance Required:
A. As required by the City Manager, the permittee shall provide the City with proof of commercial general liability insurance generally in the amount of at least one million dollars ($1,000,000) (combined single limits per occurrence), two million dollars ($2,000,000) aggregate, and an endorsement naming the City of Moses Lake as an additional insured must be provided. If food or nonalcoholic beverages are sold or served at the event, the
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policy must also include an endorsement for product liability. If alcoholic beverages are sold or served at the
event, the policy must also include an endorsement for host liquor liability. If the event involves athletic or other types of active participants, the policy must include participant coverage. If vehicles are used for other than nominal and standard commute purposes, a policy of business automobile liability, on an insurance industry
standard form or equivalent including coverage for owned, non-owned, leased or hired vehicles, or equivalent coverage.
The City Manager and the City’s risk manager may require additional endorsements or higher limits depending upon the proposed activity. Such insurance shall be primary to, and non-contributory with, any insurance maintained by the City.
B. Certificates of insurance shall be submitted to the City for approval directly from the insuring agency via postal mail, fax or email. The insurance policy shall be written on an occurrence basis, shall name the City as an additional insured, shall be written for a period not less than twenty-four (24) hours prior to the event and extending for a period not less than twenty-four
(24) hours following the completion of the event, and shall contain a provision prohibiting cancellation of the policy except upon thirty (30) days’ written notice to the City. Acceptability of insurance, including coverage types and limits, is subject to approval by the City’s risk administrator. (Ord. 2817, 7/12/16)
5.12.150 Revocation or Suspension:
A. A special events permit issued under this chapter shall be temporary, shall vest no permanent rights in the applicant, and may be immediately revoked or suspended by the City Manager or City Council if:
1. The applicant has made a misstatement of material fact in the information supplied; the applicant has
failed to fulfill a term or condition of the permit in a timely manner; or the check submitted by the applicant in payment of the fee for a permit has been dishonored
2. The applicant requests the cancellation of the permit or cancels the event
3. The activity endangers or threatens persons or property, or otherwise jeopardizes the health, safety or welfare of persons or property
4. The activity conducted is in violation of any of the terms or conditions of the special events permit
5. An emergency or supervening occurrence requires the cancellation or termination of the event in order to protect the public health or safety
6. The applicant fails to prepay expenses.
B. The City shall refund the permit fee in the event of a revocation caused by an emergency or supervening occurrence; the City shall refund the balance of the fee, less the actual costs incurred if the cancellation occurs at the request of an applicant who is in compliance with this chapter.
C. If any event, use, or occupancy for which the permit has been revoked is not immediately discontinued, the City Manager or designee may remove any structure or obstruction, or cause to be made, without obligation to do so, such repairs upon the structure or obstruction as may be necessary to render the same secure and safe, or adjourn any special event. The cost and expense of such removal, repair or adjournment shall be assessed against the permittee, including all professional fees associated with enforcement of the collection of the same. (Ord.
2817, 7/12/16)
5.12.160 Appeal Procedure:
Any party, including the applicant, may appeal the Parks and Recreation Director’s or designee’s decision to grant or deny a permit. A written appeal must be received by the Finance Director within ten (10) days after a written decision. The written notice of appeal shall set forth the specific grounds for the appeal and attach any relevant documents for
consideration. A hearing shall be held by the City Manager not more than ten (10) business days after the receipt of the request for a hearing. The Finance Director shall give the appellant reasonable notice of the appeal hearing to the applicant and appellant (if not the applicant). The applicant shall have the right to attend said hearing and present evidence. Any hearing under this chapter shall be conducted during normal business hours, on an informal basis. A record of the hearing, including the date of hearing, who was present, and the findings made as to whether or not the decision was consistent with the approval criteria, shall be made in writing. The written finding shall be filed with the City Manager or designee. The decision of the City Manager shall be final. (Ord. 2817, 7/12/16)
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5.12.170 Waiver of Application Deadline - Waiver of fees, insurance and performance requirements for special events protected under the First and Fourteenth Amendments to the U.S. Constitution:
A. Upon a showing of good cause the City Manager shall consider an application that is filed after the filing
deadline, if there is sufficient time to process and investigate the application and obtain police and other services for a special event protected under the First and Fourteenth Amendments to the U.S. Constitution primarily involving political or religious activities intended for the communication or expression of such ideas. Good cause
can be demonstrated by the applicant showing that the circumstances that gave rise to the permit application did not reasonably allow the participants to file within the time period prescribed and that the event is for the purpose of exercising the right of free speech.
B. An application for a special event protected under the First and Fourteenth Amendments to the U.S. Constitution shall be processed promptly without charging a fee that impermissibly infringes on constitutionally protected rights and without imposing terms and conditions or performance requirements that impermissibly infringe on constitutionally protected rights.
C. The City Manager may waive or reduce the insurance requirements under this chapter if the applicant or an officer of the sponsoring organization signs a verified statement that s/he believes the event’s purpose is First Amendment expression, and that the cost of obtaining insurance is so financially burdensome that it would constitute an unreasonable burden on the right of First Amendment expression. The statement shall include the
name and address of two insurance agents or other source of insurance coverage contacted to determine insurance premium rates for insurance coverage. (Ord. 2817, 7/12/16)
5.12.180 Penalty for Violation:
Any person, association, firm, partnership, or corporation that violates any of the provisions of this chapter shall be guilty of a civil infraction and shall be subject to a C-4 penalty. Each day or portion of a day in which a violation is committed
constitutes a separate offense. (Ord. 2817, 7/12/16)
5.12.190 Severability:
If any part, provision or section of this chapter is held to be void or unconstitutional, all other parts not expressly so held shall continue in full force and effect. (Ord. 2817, 7/12/16)
Chapter 5.16
CIRCUSES AND CARNIVALS
Sections:
5.16.010 Definitions. 5.16.020 License Required. 5.16.030 Fee Schedule. 5.16.040 Application for License. 5.16.050 Deposit of Bond.
5.16.060 Inspection by Fire Chief Before Erection of Structure. 5.16.070 Inspection After Erection of Structure. 5.16.080 Closing Hours.
5.16.090 Violation - Revocation of License. 5.16.100 Violation Declared Civil Infraction.
5.16.010 Definitions:
A. “Carnival” means every device, institution or assemblage of devices or institutions, the purpose of which is that of providing entertainment, amusement, sport, pastime or merriment for the patrons thereof, and includes skating rink, roller coaster, merry-go-round, swing, Ferris wheel; phenomenal exhibitions and everything of like character.
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B. “Circus” means any institution whose general occupation is that of exhibiting wild animals, feats of
horsemanship, animal stunts, and acrobatic or aquatic sports, for admission to which a fee is charged.
C. "Road show" means every theatrical performance, whether vaudeville, dramatic or moving picture type, exhibited by any transient person, firm, corporation, or party. (Ord. 988, 1980)
5.16.020 License Required:
It is unlawful for any person, or persons, company, corporation or association to do, transact, exercise, engage in, or carry on, either directly or indirectly, within the corporate limits of the city, any trade, occupation, business or activity for which a license is required, or a license fee provided, as specified in this chapter without first procuring such license and paying such fee. The licenses required under this chapter are in addition to a business license issued under Chapter 5.04 MLMC,
when required.
5.16.030 Fee Schedule:
The proprietor or manager of every show, carnival, or place of amusement, not otherwise provided for, shall pay a license fee as assessed in accordance with the adopted fee schedule for the following events:
A. Carnival
B. Circus
C. Road Show (Ord. 2840, 12/27/16; Ord. 1976, 11/14/00; Ord. 1887, 12/14/99)
5.16.040 Application for License:
Before any person operates any amusement licensed under the provisions of this chapter, he shall apply in writing to the
Finance Director for a license therefore and pay the license fee provided in Section 5.16.030. The application shall specify the following:
A. The name of the person, firm, or corporation which will use the structure;
B. The location or the principal place of business of such person, firm, or corporation;
C. The names and addresses of the officers of such firm or corporation;
D. The length of time the license is intended to be used for the purpose applied for;
E. Nature of activity to be conducted;
F. Such other relative information as the Finance Director may require. (Ord. 1976, 11/14/00; Ord. 1887, 12/14/99)
5.16.050 Deposit of Bond:
A. An applicant for a carnival or circus shall furnish evidence that a public liability insurance policy in the amount specified by the Finance Director is in effect before the premises are occupied as a place of public assemblage.
B. The applicant shall deposit with the Finance Director a cash bond in the sum of five hundred dollars ($500) conditioned upon saving harmless the city from any and all liabilities or causes of action which might arise by virtue of the granting of a license to the applicant, and conditioned further that no damage will be done to the
street, sewers, trees, or adjoining property, and that no dirt, paper, litter, or other debris will be permitted to remain upon the street, or upon private property, by such applicant. Such cash bond shall be returned to the applicant upon certification by the Police Chief that all conditions of this chapter have been fully complied with.
C. The applicant shall pay to the Finance Department all license fees which may be required by the ordinances of the city, including the admission tax.
D. If the Fire Chief determines that the attendance of fire equipment at the location of the structure during the use of such structure as a place of assemblage is necessary for the safety of persons and property, the Finance Director shall require that the applicant deposit with the Finance Department a sum equal to the reasonable value of the use of the equipment and the furnishing of the necessary personnel for such time as will be required, in
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order to reimburse the city for such expense. (Ord. 2494, 7/28/09; Ord. 1976, 11/14/00; Ord. 1887, 12/14/99; Ord.
827, 1977)
5.16.060 Inspection by Fire Chief Before Erection of Structure:
The application shall be submitted to the Fire Chief prior to the date of the opening of any structure, and he shall be notified at least forty-eight (48) hours prior to the erection of such structure, so that he, or his authorized deputy, may make an inspection during reasonable daylight hours.
The Fire Chief shall determine if the applicant has made provision for the following:
A. Adequate aisles, seats, platforms and poles;
B. Sufficient exits, well marked and properly lighted;
C. Lighted and unobstructed passageways to areas leading away from the structure;
D. Removal, before the structure is to be used as a place of public assembly, or any pole, rope, or other obstruction in any aisle or exit;
E. Sufficient first-aid fire appliances to be distributed throughout the structure with operating personnel familiar with the operation of such equipment available and assigned during the use of such structure as a place of assembly;
F. An employee at each entrance to require the extinguishing of all cigarettes, cigars, and other smoking materials;
G. Proper safeguarding of any use of open flames or its use prohibited;
H. The clearing of straw, dry grass, sawdust and any combustible trash from the structure before it is opened to the public and arrangements made to keep the areas where debris may be expected to accumulate well serviced,
especially under open seats;
I. Proper facilities for calling the city Fire Department;
J. Such special fire equipment of the city to attend at such structure during its use as a place of public
assemblage as the Fire Chief may decide is necessary for proper fire protection;
K. The tent and canvas parts of the structure ad all combustible decorative materials, including curtains, acoustic materials, streamers, cloth, cotton batting, straw, vines, leaves, trees, and moss to be rendered fireproof. (Ord.
1976, 11/14/00; Ord. 1887, 12/14/99)
5.16.070 Inspection After Erection of Structure:
A. Upon completion of such structure, it shall not be used as a place of assembly until the Fire Chief has inspected the entire premises upon which the structure is located.
B. If the Fire Chief finds that all of the limitations and requirements of the chapter have been complied with, the
Finance Director shall grant a permit to occupy such premises.
C. It is unlawful for any person to cause or permit the occupancy of such structure as a place of assembly, without the issuance of such license to occupy such structure as provided in this chapter.
D. If the Fire Chief finds that such structure, or the premises on which it is located, is being maintained in violation of any of the provisions of the license to erect or maintain any of the provisions of this chapter, or in
such a manner as to constitute a fire hazard, he may revoke the license to occupy provided for in this chapter.
E. Any person, firm, or corporation whose license to occupy has been revoked may appeal to the City Council for a hearing thereon, and the decision of the City Council in this regard shall be final. If no appeal is taken within
ten (10) days, the action of the Fire Chief shall be final. (Ord. 2492, 7/28/09; Ord. 1976, 11/14/00; Ord. 1887, 12/14/99)
5.16.080 Closing Hours:
No carnival, circus or road show shall be conducted between the hours of one a.m. and six a.m. on any day, nor between midnight on Saturday and twelve noon on Sunday. Further, no circus or carnival shall be located within a radius of two
hundred feet (200’) from any church without that church’s permission.
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5.16.090 Violation - Revocation of License:
Any violation of ordinances of the city, laws of the state, or laws of the United States by a licensee under this chapter shall
constitute good cause for revocation of the license and demand upon the bond filed with the city. Forfeiture of bond and revocation of the license shall be effective upon written notice by the licensee. The notice shall specify the violation which precipitated the forfeiture and revocation. The licensee shall have the right to appeal at the next regularly scheduled
City Council meeting. (Ord. 827, 1977)
5.16.100 Violation Declared Civil Infraction:
Any person, firm, or corporation who violates any of the provisions of this chapter shall be punishable as provided in Chapter 1.08 of the Moses Lake Municipal Code. (Ord. 1449, 1990; Ord. 821, 1977)
Chapter 5.22
PAWNBROKERS AND SECONDHAND DEALERS
Sections:
5.22.010 License Required. 5.22.020 Application and Fee. 5.22.025 Business License. 5.22.030 Records. 5.22.040 Reports. 5.22.050 License - Revocation. 5.22.060 Violation - Civil Infraction.
5.22.010 License Required:
Every person, firm, or corporation who shall engage in the business of being a pawnbroker as defined in RCW 19.60.010, or who shall engage in the business of being a secondhand dealer as defined in RCW 19.60.010 within the City, shall first obtain a license to do so. It shall be a violation of this chapter and a separate civil infraction for each day a business is
conducted in violation of this chapter. (Ord. 1159, 1984)
5.22.020 Application and Fee:
For the purpose of this section, the application fee shall apply to those pawnbrokers and secondhand dealers, as defined by RCW 19.60.010 and which includes employees that deal with firearms, precious metals, gem stones, electronics, tools, and artwork. Application for a license under this chapter shall be in writing filed with the Finance Department on forms furnished by the City and shall be accompanied by a fee as assessed in accordance with the adopted fee schedule to help defray the costs of screening any applicant for a license. The application shall be referred to the Police Department for review. The application, together with the Police Department’s recommendation shall be forwarded to the City Council for its consideration. If the City Council approves the application it may, by resolution, direct the issuance of the license by the Finance Director. (Ord. 2879, 11/14/17; Ord. 2865, 6/13/17; Ord. 2841, 12/27/16; Ord. 2588, 11/9/10; Ord. 2495, 7/28/09; Ord. 2213, 7/26/05; Ord. 1977, 11/14/00; Ord. 1888, 12/14/99; Ord. 1534, 1992; Ord. 1461, 1990; Ord. 1159, 1984)
5.22.025 Business License:
A. Each pawnbroker or secondhand dealer will be required to also obtain a business license as set forth in Moses Lake Municipal Code Chapter 5.04.
B. All The pawnbroker or secondhand dealer licenses required under this chapter shall expire on the thirty-first day of December of each year and no reduction in fee for such licenses shall be made for any partial year. No license shall be
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transferable. All licenses will be renewed through the Finance Director with payment of the yearly license fee. (Ord. 1461,
1990)
5.22.030 Records:
Every secondhand dealer and pawnbroker shall maintain the records required by RCW 19.60.020 and such records shall be subject to inspection as provided by RCW 19.60.020. (Ord. 1159, 1984)
5.22.040 Reports:
Every pawnbroker and secondhand dealer shall make the reports required by RCW 19.60.040. (Ord. 1159, 1984)
5.22.050 License - Revocation:
Any license issued under the provisions of this chapter shall be subject to revocation for any violation of the ordinance of the City, any state law, or any federal law. The license shall be revoked by the Finance Director upon his determination that a violation has occurred. A notice stating the particulars of the reason for the revocation shall be delivered personally to the licensee or mailed to the licensee’s address at least one (1) day prior to the effective date of the revocation of the license. The licensee may file a notice of appeal of the Finance Director’s decision within ten days of the Finance Director’s decision. Such appeal shall be heard by the City Council within 30 days at a regularly scheduled City Council meeting. The decision of the City Council shall be final. (Ord. 2495, 7/28/09; Ord. 1159, 1984)
5.22.060 Violation - Civil Infraction:
Every violation of any of the provisions of this chapter is a violation of this chapter and will subject the violator to a civil
penalty as provided in Chapter 1.08. (Ord. 1159, 1984)
Chapter 5.36
SOLICITORS
Sections:
5.36.010 Definition. 5.36.030 Business License. 5.36.040 Investigation and Fee.
5.36.050 Application. 5.36.070 Issuance of Permit. 5.36.080 Carrying Permit. 5.36.090 Revocation. 5.36.100 Orders. 5.36.110 Exclusions.
5.36.130 Resale.
5.36.010 Definition:
“Solicitor” means any person who goes from house to house, or place to place, in the City, selling or taking orders for or offering to sell, rent, lease or take orders for the sale, rental or lease of goods, wares, merchandise, services or whatsoever, for present or future delivery, or for the making, manufacturing or repairing of any article or thing whatsoever, for present or future delivery.
5.36.030 Business License:
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A. Each solicitor who is self-employed and each company or firm employing solicitors will be required to also
obtain a business license as set forth in Moses Lake Municipal Code Chapter 5.04, in addition to the permit required by this chapter.
B. All licenses permits issued under this chapter shall expire on the thirty-first day of December of each year and
no reduction in fee for such licenses shall be made for any partial year. No license shall be transferable. All licenses will be renewed through the Finance Director with the payment of the yearly fee. (Ord. 1649, 1994; Ord. 1463, 1990)
5.36.040 Investigation and Fee:
An investigation fee as assessed in accordance with the adopted fee schedule shall be paid to the City by each applicant for a solicitor’s permit. The fee shall be paid to the Finance Director for deposit in the General Fund and used to defer the cost of any investigation made of the applicant. Fingerprinting costs are included in the applicant review fee. Each application for a solicitor’s permit shall be processed for approval by the Police Chief of the City. “Fee” and “investigation”, as used in this chapter, refer solely to individuals and not to firms and each individual person applying for a solicitor’s permit shall be required to pay the fees, complete the application, and submit to investigation as may be required in this chapter. (Ord. 2842, 12/27/16; Ord. 2438, 2/10/09; Ord. 2214, 7/26/05; Ord. 1978, 11/14/00; Ord. 1906, 12/14/99; Ord. 1535, 1992; Ord. 1463, 1990; Ord. 1117, 1983)
5.36.050 Application:
Any person desiring to secure a solicitor’s permit shall apply in writing over his or her signature to the Finance Director on forms provided by the City and such application shall state as to each solicitor the following:
A. The name and address of each solicitor;
B. The name and address of the person, firm, or corporation by whom employed;
C. The length of service of each solicitor with such employer;
D. The place of residence and nature of the employment of each solicitor during the last preceding year;
E. The nature or character of the goods, wares, merchandise, or services to be offered by each solicitor;
F. The personal description of each solicitor. The application shall be accompanied by such credential of identity
of each solicitor as may be reasonably required by the Finance Director. (Ord. 1463, 1990; Ord. 833, 1977)
5.36.070 Issuance of Permit:
If the Police Chief determines that the facts set forth in the application are true, that such solicitor has not been convicted of a felony or crime involving moral turpitude and that he proposes to engage in a lawful and legitimate commercial enterprise, he shall then approve the application and the Finance Director may thereafter issue the permit applied for.
(Ord. 1978, 11/14/00; Ord. 1906, 12/14/99; Ord. 1463, 1990; Ord. 833, 1977)
5.36.080 Carrying Permit:
Such permit shall be carried at all times by each solicitor for whom issued when soliciting or canvassing in the City and shall be exhibited by any such solicitor whenever he or she shall be requested to do so by any police officer or any person
solicited.
5.36.090 Revocation:
Any such permit may be revoked by the Police Chief for any violation of the ordinances of the City, laws of the state, or laws of the United States. Notice of revocation or notice of refusal to issue a permit shall be sent to the licensee or prospective licensee specifying the grounds for revocation or refusal. The licensee or prospective licensee may file a notice of appeal with the Police Chief within ten days of receipt of a notice of revocation or refusal to issue. If timely, the hearing on the notice of appeal shall be the next regularly scheduled City Council meeting. (Ord. 2496, 7/28/09; Ord. 833, 1977)
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5.36.100 Orders:
All orders taken by solicitors shall be written in duplicate, stating the name as it appears on the permit, the address of both the solicitor and his employer, the terms thereof and the amount paid in advance, and one copy shall be given to the purchaser.
5.36.110 Exclusions:
This chapter shall not apply to any farmer, gardener, or other person selling, delivering, or peddling any fruit, vegetables, berries, butter, eggs, fish, milk, poultry, meats, or other farm produce or edibles raised, caught, produced or manufactured by such person in any place in the state or to any person selling or delivering milk or milk products or bakery goods produced or manufactured in the state or to members of any religious, charitable, health, or welfare service or youth service organizations selling or offering to sell goods or services in order to raise funds for the charitable work of such organizations and for no other purpose.
5.36.130 Resale:
This chapter shall not be applied to individuals, persons, or firms who are selling goods, wares, and merchandise or services to other persons, firms, or corporations for resale.
Chapter 5.40
TAXICABS
Sections:
5.40.010 Preamble. 5.40.020 Definitions. 5.40.030 License Required. 5.40.040 License - Application - Generally. 5.40.050 Licensing - Limitation on Number of Licenses. 5.40.060 Compliance with State Law.
5.40.070 License Application Qualification - Taxi Driver’s License. 5.40.080 Issuance of Taxi Driver’s License. 5.40.090 Renewal of Taxi Driver’s License. 5.40.100 Carrying License When Operating Taxicab. 5.40.110 Business License. 5.40.120 Identification Costs of Screening.
5.40.140 Fee Schedule. 5.40.150 Payment of Fare in Advance. 5.40.160 Name Printed on Cab. 5.40.180 License Revocation or Suspension. 5.40.190 Violation Declared Civil Infraction. 5.40.200 Existing Licenses.
5.40.010 Preamble:
The City Council of the City of Moses Lake, Washington with its duty to safeguard the safety of the citizens of the City of Moses Lake, finds and declares that it is in the best interest of the citizens of the City of Moses Lake that the following ordinance requiring the licensing and regulation of taxicabs and taxicab drivers be enacted. (Ord. 993, 1980)
5.40.020 Definitions:
A. Taxicab Company is a company that has taxicabs for hire.
B. Taxicab means a vehicle for hire but not a bus.
C. Taxicab Driver means a person for hire that drives a taxicab.
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D. Taxicab Drivers License means a license issued by the City of Moses Lake, Washington to drive a taxicab.
(Ord. 993, 1980)
5.40.030 License Required:
It is unlawful for any person, firm, or corporation to operate a taxicab upon the streets of the City of Moses Lake without being the holder of a valid existing license issued under the provisions of this chapter; provided, however, that a taxicab company may employ a taxicab driver for a grace period of up to three weeks pending the issuance or denial of his license
and identification card on the following conditions:
A. That the proper application for an identification card has been made to the Police Chief.
B. That the applicant has paid the required fee for a record check.
C. That a records check performed at the time of application, indicated that there was nothing on file with records sources that would disqualify the application. (Ord. 993, 1980)
5.40.040 License - Application - Generally:
A. Application for any license or identification card required by this chapter shall be made to the Finance Director upon such form as the Finance Director shall require. Such application shall show thereon the applicant’s name, age, date of birth, and previous residence and occupation for a period of not less than five years immediately prior to such application, the address of his place of business, and the name of his employer, if any;
and shall state whether or not the applicant has ever been convicted of a felony or forfeited bond. The application shall be signed and verified by the applicant. If the applicant is a firm or corporation, the application shall be signed by a duly authorized officer of the firm or corporation and shall give the local address and place of
business of such firm or corporation.
B. All applications for a license shall be forwarded to the Police Chief for investigation and report. The Police Chief shall require that each applicant be fingerprinted and his photograph taken; and an investigation shall be
made into the background of the applicant.
C. The licenses required by this chapter do not absolve a taxicab company owner or self-employed taxi driver from also obtaining and maintaining a business license under as provided by Chapter 5.04 MLMC. (Ord. 1464,
1990; Ord. 993, 1980)
5.40.050 Licensing - Limitation on Number of Licenses:
A. The licensing of taxicabs, the examining of the qualifications of applicants for licenses to drive taxicabs and the licensing of drivers as provided in this chapter shall be under the supervision and control of the Finance Director.
B. The number of taxicab licenses which may be issued and outstanding at any one time may be limited to such number as the City Council may, by resolution, find and determine that public convenience and necessity require. The City Council may, by resolution, increase the number at such time or times as it shall find and determine that public convenience and necessity require the operation of a greater number of taxicabs. Applications for renewal of licenses shall be given preference over applications for licenses by persons not already holding licenses;
provided, that if the holder of a license fails to make application for renewal thereof, prior to the expiration date thereof, such preference shall thereby be forfeited. (Ord. 2497, 7/28/09; Ord. 1464, 1990; Ord. 993, 1980)
5.40.060 Compliance with State Law:
No taxicab shall be licensed unless the same is in a safe condition for use as such, nor until satisfactory evidence is furnished that RCW 46.72.020 and 46.72.040 or 46.72.050 as now or hereafter amended have been complied with. Failure
to comply with the RCW sections listed in this section shall be grounds for cancellation of the license. (Ord. 9933, 198079)
5.40.070 License Application Qualification - Taxi Driver’s License:
An identification card or a taxi driver’s license may not be issued by the Police Chief unless the applicant:
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A. Is at least eighteen (18) years of age.
B. Is of sound physique with good eyesight and not subject to epilepsy, vertigo, heart trouble, or any other infirmity of body or mind which might render him unfit for the safe operation of a taxicab.
C. Is able to speak, read, and write the English language.
D. Is not addicted to the use of intoxicating liquors or drugs.
E. Has a current Washington driver’s license.
F. Has not been convicted or forfeited bail to any of the following when it involves crimes pertaining to
controlled substances, alcohol, prostitution, gambling, physical violence, or crimes directly related to the applicant’s honesty and integrity (such as, but not limited to, fraud, larceny, extortion) or is directly related to the ability and fitness of the applicant to engage in the operation of a for-hire vehicle:
1. Felony within ten (10) years preceding date of application.
2. Gross misdemeanor or misdemeanor within two (2) years preceding date of application.
3. Criminal traffic within one (1) year preceding date of application.
4. Traffic infraction within six (6) months preceding date of application.
If the issuance of any license hereunder is denied, the applicant shall have the right of a hearing before the City Council, by filing an appeal within ten (10) days with the City Attorney, after the permit is denied. The findings of the City Council on such an appeal shall be final and conclusive. (Ord. 1554, 1993; Ord. 993, 1980)
5.40.080 Issuance of Taxi Driver’s License:
Upon satisfactory fulfillment of the requirements of Sections 5.40.030 through 5.40.070 there shall be issued to the applicant a license which shall be in such form as to contain the photograph and signature of the licensee. Taxi drivers’
licenses shall be issued for the calendar year. (Ord. 993, 1980)
5.40.090 Renewal of Taxi Driver’s License:
A taxi driver’s license may be renewed from year to year by appropriate endorsement thereon by direction of the Finance Director. A driver, in applying for a renewal of his license, shall make such application upon a form to be furnished by the Finance Director. (Ord. 1979, 11/14/00; Ord. 1889, 12/14/99; Ord. 993, 1980)
5.40.100 Carrying License When Operating Taxicab:
The taxi driver’s license issued by the City of Moses Lake must be carried on the driver’s person while operating a taxicab
and must be produced on demand by any police officer or passenger. (Ord. 993, 1980)
5.40.110 Business License:
A. Each taxicab company and self-employed taxi driver will be required to also obtain a business license as set forth in Moses Lake Municipal Code Chapter 5.04 in addition to the licenses required under this chapter.
B. All The taxi licenses required by this chapter shall expire on the 31st day of December of each year and no reduction in the fee for such licenses shall be made for any partial year. No license shall be transferable. All licenses will be renewed through the Finance Director with the payment of the yearly fees. (Ord. 1464, 1990; Ord.
1154, 1984; Ord. 993, 1980)
5.40.120 Identification Costs of Screening:
A. Every taxicab driver shall, at all times, have in his possession an identification card in a form approved by the Police Chief. Such card shall have thereon, in addition to such other information as may be required by the Police Chief, the photograph, right index print, name of employer, and signature of the person being identified and date
of expiration of the card.
B. The Police Chief shall charge a one- time application review fee as assessed in accordance with the adopted fee schedule to help defray the costs of screening any applicant for an identification card and license and he may,
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in addition to any other fees, charge the applicant the actual cost of the card. All identification cards shall expire
on the 31st day of December of each year.
C. All identification cards shall remain the property of the City of Moses Lake. When a holder of an identification card shall leave the employment of a taxicab company, said holder shall immediately surrender his
identification card and forward it immediately to the Police Chief. The former employee may then reapply for an identification card upon employment with another taxicab company licensed by the City of Moses Lake. (Ord. 2880, 11/14/17; Ord. 2843, 12/27/16; Ord. 2439, 2/10/09; Ord. 2215, 7/26/05; Ord. 1979, 11/14/00; Ord. 1889,
12/14/99; Ord. 1536, 1992; Ord. 1464, 1990; Ord. 1118, 1983; Ord. 993, 1980)
5.40.140 Fee Schedule:
The fee schedule shall be posted in each cab in general view of the public. (Ord. 993, 1980)
5.40.150 Payment of Fare in Advance:
Every driver of a taxicab shall have the right to demand payment of the legal fare in advance and may refuse employment unless it is proffered, but no driver of a taxicab shall otherwise refuse or neglect to convey any orderly person or persons upon request anywhere in the city unless previously engaged or unable to do so. No driver of a taxicab shall carry any other person than the passenger first employing the taxicab without first consent of such passenger. (Ord. 993, 1980)
5.40.160 Name Printed on Cab:
Every taxicab licensed under the provisions of this chapter shall have the name of the cab company and telephone number plainly exhibited in letters at least two inches (2") in height on both sides of the vehicle. (Ord. 993, 1980)
5.40.180 License Revocation or Suspension:
A taxicab company or taxicab driver’s license issued by the City of Moses Lake may be revoked by resolution of the City
Council at any time for cause deemed to be sufficient; provided that before any revocation is effective, a public hearing shall be held before the City Council of which hearing the licensee shall be given notice, and at which he shall be entitled to be heard, provided that the Police Chief may suspend the license of any holder thereof who is arrested for or convicted of violating any city or county ordinance or state or federal law, except minor traffic laws, pending a hearing on the revocation of the license before the Moses Lake City Council. The Police Chief shall provide, within three (3) days, notice to the licensee specifying the violation he committed to have his license suspended or revoked. The licensee shall have the right to appeal the suspension or revocation to the City Council within ten (10) days of notice to the licensee. Notice of appeals are to be filed with the City Attorney within the specified period. (Ord. 993, 1980)
5.40.190 Violation Declared Civil Infraction:
Any person, firm, or corporation violating any of the provisions of this chapter is deemed to have committed a civil
infraction and shall be punished as provided in Chapter 1.08 of the Moses Lake Municipal Code. (Ord. 1470, 1991; Ord. 993, 1980)
5.40.200 Existing Licenses:
It is provided that any person holding a license for the operation of a taxicab at the time of the passage of the ordinance codified in this chapter shall have the privilege of securing a taxicab license as provided in this chapter; provided, he
complies with the regulations of this chapter. (Ord. 993, 1980)
Chapter 5.50
TELECOMMUNICATION USE FEES
Sections:
5.50.010 Findings.
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5.50.020 Chapter Supplemental.
5.50.030 Application Fees.
5.50.010 Findings:
In furtherance of the provisions of the RCW Chapter 35.99 and section 35A.21.245, Chapter 5.50 of this Code was adopted. This chapter provides for fees to be imposed and collected in connection with the operation of telecommunication systems, services, and facilities within the City. (Ord. 2021, 6/12/01)
5.50.020 Chapter Supplemental:
A. The provisions of this chapter are supplemental to and not a replacement of other provisions of this code. When required by this code or any other applicable law or regulation, entities subject to the provisions of this chapter shall obtain all licenses and permits required by such other laws or regulations, including a City business license required by Chapter 5.04 MLMC, and maintain those in a current status as a condition of being in compliance with this chapter and Chapter 5.60.
B. Every cable television service provider, whether they are required to obtain a franchise for the use of City rights-of-way or not, shall be required to remit the appropriate utility tax on all gross revenues. “Gross Revenues” means all amounts accrued by grantee in whatever form and from all sources, from the operation of grantee’s cable system to provide cable service within the franchise area. “Gross Revenues” shall include, without
limitation, all amounts for all cable services, including, but not limited to, basic, expanded basic, premium, and pay-per-view services, advertising sales and installation fees and charges. “Gross Revenues” shall also include any revenue received by any affiliate of grantee where such revenue in the ordinary course of business has been
paid or should have been paid to grantee from the operation of its cable system to provide cable service within the franchise area. By way of illustration and not limitation, this definition would include revenue derived from the sale of cable system advertising time by an affiliate of grantee. “Gross Revenues” shall not include bad debt, sales
taxes, or other taxes which are collected by grantee on behalf of, and for payment to, the local, state or federal government. (Ord. 2021, 6/12/01)
5.50.030 Application Fees:
Any portion of the fees for processing applications or renewals not consumed by City staff or consultants in the processing of the telecommunication right-of-way use authorization applications and renewals and facilities leases and renewals will be refunded to the applicant. The fees for processing telecommunication right-of-way use authorization applications and renewals and facilities leases and renewals for the following shall be assessed in accordance with the adopted fee schedule:
Telecommunications license
Renewal of telecommunications license
Telecommunications franchise
Telecommunications franchise renewal
Cable franchise
Cable franchise renewal (Ord. 2844, 12/27/16; Ord. 2021, 6/12/01)
Section 2. MLMC Chapters 18.55 and 18.63 are amended as follows:
Chapter 18.55
HOME OCCUPATIONS
Sections:
18.55.010 Intent. 18.55.020 Definition. 18.55.030 Application for Home Occupation Uses and Appeals.
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18.55.040 General Requirements.
18.55.050 Notification.
18.55.010 Intent:
It is the purpose of this ordinance to protect residential areas from potential adverse impacts as a result of activities which may be deemed commercial in nature. It is also the purpose of this ordinance to permit residents of the community a reasonable use of their residence as a place of livelihood and/or for the supplementing of personal/family income. (Ord.
2144, 12/9/03; Ord. 1568, 1993)
18.55.020 Definition:
A home occupation means any endeavor conducted for financial gain or profit in a dwelling unit where the endeavor is not generally characteristic of activities for which dwelling units are intended or designed, provided, that endeavors where the only activities include the receipt of mail, the use of a telephone, the occasional commercial delivery of goods and materials not inconsistent with such deliveries in residential neighborhoods, and occasional vehicular traffic not inconsistent with such vehicular traffic in residential neighborhoods, are not considered home occupations subject to permitting requirements under this title. To be defined as a home occupation, the occupation or activity:
A. Must be carried on entirely within a residence by the occupants.
B. Must be clearly incidental to the use of the residence as a dwelling.
C. Must not change the residential character of the dwelling.
D. Must be conducted in such a manner as to not give any outward appearance nor manifest any characteristic of a business in the ordinary meaning of the term.
E. Must not infringe upon the right of the neighboring residents to enjoy a peaceful occupancy of their homes for which purpose the residential zone was created and primarily intended.
An occupation which does not meet this definition or which is incapable of or does not comply with the general
requirements of this ordinance shall not be deemed a home occupation. (Ord. 2144, 12/9/03; Ord. 1568, 1993)
18.55.030 Application for Home Occupation Uses and Appeals:
An application for a home occupation use shall be submitted to the Community Development Department for consideration. The application shall be reviewed by the Community Development Director or other similar position or a designee. Such uses may be permitted by the Community Development Director or the individual designated to review the applications subject to the provisions of this chapter. Any party aggrieved by a decision rendered by the Community Development Director or other individual reviewing the application may appeal the decision to the Planning Commission, subject to the provisions of MLMC Chapter 20.11. (Ord. 2144, 12/9/03; Ord. 1946, 5/9/00; Ord. 1568, 1993)
18.55.040 General Requirements:
The general requirements for a home occupation are as follows:
A. There shall be no structural alteration to accommodate the occupation. Entrance to the space devoted to the occupation shall be from within the residence, except when otherwise required by law.
B. The use, including all storage space, shall not occupy more than two hundred (200) square feet of the residence or accessory structure.
C. No home occupation shall have any outside storage of goods and materials associated with the home
occupation.
D. Only members of the family who reside on the premises and in any case no more than three (3) persons in any dwelling unit shall be engaged in the occupation(s).
E. There shall be no window display nor shall sample commodities be displayed outside the building.
F. Home Occupation Signs.
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1. Signs identifying home occupations which are unlighted, placed flat against the structure, and which
do not exceed two (2) square feet in size are permitted in the R-2 Zone, Single Family and Two Family Residential, and the R-3 Zone, Multi-family Residential.
2. Signs identifying home occupations located in the R-1 Zone, Single Family Residential, are prohibited
except as required by law. Such signs, if allowed, shall not exceed two (2) square feet in size except as may be allowed by this chapter.
3. Signs identifying home occupations may be permitted to exceed two (2) square feet in size subject to
the review and approval of the Planning Commission and after it has been shown that the sign will not adversely affect adjacent residential uses and that the extra size is essential to the sign being seen.
G. No material or mechanical equipment shall be used which will be detrimental to the residential use of the residence or adjoining residences because of vibration, noise, dust, smoke, odor, interference with radio or television reception, or other factor.
H. Materials or commodities delivered to or from the residence which are of such bulk or quantity as to require delivery by a commercial vehicle or a trailer, or the parking of customer’s automobiles in a manner or frequency causing disturbance or inconvenience to nearby residences or so as to necessitate a public parking lot shall be prima-facie evidence that the occupation is a primary business, and not a home occupation.
I. Examples of uses or occupations which might normally satisfy the criteria of this section are: barbers, “bed and breakfast” facilities, custom florists, beauticians, professional service providers, dressmakers, photographers, home canners, watch repairers, licensed massage therapists, taxicab businesses with single vehicle service, and other similar uses.
J. The following shall not be deemed permissible uses or home occupations: nursing homes, massage parlors,
woodworking and cabinet shops, household appliance, furniture and electronic equipment repair shops, fumigation services shops, upholstering shops, car repair shops, small engine repair shops, taxi businesses with more than single vehicle service, and other uses deemed as “similar” by the Community Development Director or
other similar position or a designee.
K. A home occupation issued to one person shall not be transferable to any other person nor shall a home occupation permit be valid at any address other than the one appearing on the permit.
L. Any person engaging in a home occupation shall register as a business under Chapter 3.16 of this code5.04 MLMC. (Ord. 2717, 5/27/14; Ord. 2595, 12/14/10; Ord. 2144, 12/9/03; Ord. 1994, 11/14/00; Ord. 1946, 5/9/00; Ord. 1590, 1993; Ord. 1568, 1993)
18.55.050 Notification:
Application for a home occupation use shall require notification to adjacent property owners of the proposed use. Notification shall be provided at least ten (10) days before a decision is to be made on the application. Written or oral comments should be provided to the Community Development Director or other individual reviewing an application before the decision is to be made on the application. Adjacent property owners shall also be notified of any appeal scheduled before the Planning Commission. A notice of the action before the Planning Commission shall be mailed to adjacent property owners at least ten (10) days prior to the scheduled appeal. (Ord. 2144, 12/9/03; Ord. 1946, 5/9/00; Ord.
1568, 1993)
Chapter 18.63
VACATION RENTAL DWELLINGS
Sections:
18.63.010 Definitions. 18.63.020 Intent.
18.63.030 Permitted Zones. 18.63.040 Eligible Dwellings and Limitations. 18.63.050 Application for Vacation Rental Approval. 18.63.060 Criteria for Endorsement. 18.63.070 Notice requirements. 18.63.080 Business License Required. 18.63.090 Continued Compliance With This Chapter.
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18.63.100 Non-Transferability.
18.63.110 Violations. 18.63.120 Enforcement, Penalties, and Appeal. 18.63.130 Severability.
18.63.010 Definitions:
For the purposes of this chapter, the following definitions shall apply.
A. “Condominium dwelling” means a dwelling unit, established under the Horizontal Regimes Act of the State of Washington, owned separately from any other unit within the same building, if any, and the lot on which the building is located is owned in common by all dwelling unit owners. (Ord. 2772, 6/9/15)
B. “Dwelling, Single-Family or One-Family” means a building containing one dwelling unit on a lot, intended for occupancy by one family which may be either the lot owner or a renter.
C. “Dwelling unit” means one (1) or more habitable rooms for one (1) family with facilities for living, sleeping, cooking, and eating.
D. “Full-time” means at least eleven (11) months out of the year.
E. “Parking space” means a hard surface or porous pavement space of at least nine feet (9') by twenty feet (20') that is reserved for vehicle parking purposes.
F. “Short-term” means thirty (30) calendar days or less.
G. “Vacation rental dwelling” means the use of an approved vacation rental dwelling by any person or group of persons who occupies or is entitled to occupy a dwelling unit for remuneration for a period of less than thirty (30) calendar days, counting portions of days as full days, but in no event for less than twenty-four (24) consecutive
hours.
H. “Remuneration” means compensation, money, rent or other bargained for consideration given in return for occupancy, possession or use of real property.
I. “Violation” means any violation by the owner or any occupant of any provision of this chapter, any provision of the Moses Lake Municipal Code, or any violation of state law.” (Ord. 2772, 6/9/15)
18.63.020 Intent:
It is the intent of this chapter is to establish the terms, criteria and procedures by which vacation rental dwellings may be permitted to ensure the safety and convenience of renters, owners, and neighboring property owners; protect the character of the residential neighborhoods; and address potential negative effects such as excessive noise, overcrowding, illegal parking, nuisance activities, and the accumulation of refuse. (Ord. 2772, 6/9/15)
18.63.030 Permitted Zones:
A vacation rental dwelling use is a permitted use in all zoning districts that allow single-family residences as a permitted use. (Ord. 2772, 6/9/15)
18.63.040 Eligible Dwellings and Limitations:
A vacation rental dwelling may be located in a single-family dwelling, an accessory dwelling unit, or a condominium dwelling. No more than one (1) vacation rental shall be allowed on a single parcel, except that this limitation shall not apply to condominium dwellings. (Ord. 2772, 6/9/15)
18.63.050 Application for Vacation Rental Approval:
An application for vacation rental use of an eligible dwelling unit must be completed and submitted to the Community
Development Director for review. Applications shall be submitted on forms provided by the Community Development Department. If compliance with the provisions of this chapter is demonstrated, an endorsement for a vacation rental use will be issued. A business license under Chapter 5.04 MLMC is required for a vacation rental business, but will not be
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issued by the City until an endorsement for vacation rental use of the dwelling has been issued, as provided under this
chapter. (Ord. 2772, 6/9/15)
18.63.060 Criteria for Endorsement:
The following criteria shall be met in order for approval of a property to be authorized by the City as a vacation rental dwelling.
A. Business License Endorsement. A business license endorsement shall be applied for and obtained prior to any use of property as a vacation rental dwelling. Endorsements are specific to the owner of the dwelling unit. When the holder of an endorsement sells or transfers the real property, the new owner shall obtain an endorsement before using the dwelling unit as a vacation rental dwelling. Vacation rental dwelling endorsements shall remain in effect so long as a valid business license is maintained for the rental use and the property is not sold or transferred.
B. Occupancy. Maximum occupancy of the rental shall be no more than two (2) persons per sleeping room plus two (2) additional persons per unit. The property owner shall be responsible for ensuring that the dwelling unit is in conformance with its maximum occupancy.
C. Compliance. The vacation rental dwelling must comply with the requirements of the International Building
Code and International Residential Code.
D. Parking and Vehicles. At least one (1) additional off-street parking space shall be provided for the vacation
rental use, in addition to all other parking required for the dwelling. Parking on-site along the front property line shall not exceed forty percent (40%) of the front-yard frontage. The number of vehicles at a vacation rental residence shall not at any time exceed the number of available parking spaces on the subject property. However,
this limitation shall not apply to condominium dwellings. All overnight occupant parking shall be on site or immediately in front of the vacation rental dwelling.
E. Signage. No outdoor advertising signs related to the vacation dwelling shall be allowed on the site.
F. Solid Waste Collection. Weekly solid waste collection is required during all months. In the event that normal weekly collection is insufficient for the use, the property owner or local property representative shall make arrangements for additional solid waste removal.
G. Local Property Representative. Where the property owner does not reside full-time within thirty (30) minutes driving distance of Moses Lake, a local property manager shall be designated. The local property manager shall reside full-time within thirty (30) minutes driving distance from Moses Lake and shall be available twenty-four (24) hours a day to respond to complaints, questions, or concerns. The local representative or property owner shall be responsible for responding to complaints about the rental. The name, address, and telephone contact number of the property owner or local representative shall be kept on file at the Community Development Department. Additionally, a notice that states the name, address, and telephone number of the property owner or local representative will be sent to all property owners within two hundred feet (200') feet of the vacation rental
property. If the local representative changes, the owner of the vacation rental property shall be required to send out new notices to all property owners within two hundred feet (200') of the subject property.
H. Informational Sign. A sign shall be posted conspicuously inside the dwelling to provide information on
maximum occupancy, location of off-street parking, contact information for the property owner or local representative, evacuation routes, and the renter’s responsibility not to trespass on private property or to create disturbances.
I. Responsible Person. A responsible person (aged twenty-five [25] or older) who is an occupant of the vacation rental dwelling and is legally responsible for ensuring that all occupants and/or their guests comply with all laws and regulations during their stay shall be identified for each rental.
J. Inspection. A dwelling unit proposed for a vacation rental dwelling shall be inspected by the Building Official or designee to determine its conformance with the endorsement standards of this chapter and basic health and safety elements as required by any applicable code. Any corrective action required shall be completed before the dwelling unit can be rented. Vacation rental dwellings shall be subject to periodic re-inspection by the Building Official or designee at the City’s discretion to ensure compliance with the provisions of this chapter. The time frame for such inspections is subject to the City’s discretion and available resources.
K. Other Standards. The vacation rental dwelling shall meet all applicable requirements of the zone in which it is located, including but not limited to setbacks, maximum height, and lot coverage standards. (Ord. 2772, 6/9/15)
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18.63.070 Notice requirements:
Upon issuance of an endorsement, the City shall provide notice to property owners within two hundred feet (200') of the subject property (or outline of property that is held in common), advising that an endorsement for a vacation rental
dwelling has been issued. Such notice shall include the address of the dwelling unit that received the endorsement, a location where additional information can be obtained about the nature of the endorsement, and the name, phone number, mailing address, and email address (if available) of the owner or designated contact. (Ord. 2772, 6/9/15)
18.63.080 Business License Required:
Vacation rental dwellings shall meet all local and state regulations, including those pertaining to business licenses and
taxes. (Ord. 2772, 6/9/15)
18.63.090 Continued Compliance With This Chapter:
A City approved vacation rental dwelling shall be in compliance with the standards of MLMC 18.63.060 and 18.63.080 at all times, or shall be subject to the provisions of MLMC 18.63.110. The owner of the vacation rental dwelling is
responsible for compliance with the provisions of this chapter. The failure of the local property manager or representative to comply with this chapter shall be deemed non-compliance by the owner. (Ord. 2772, 6/9/15)
18.63.100 Non-Transferability:
A vacation rental dwelling approval is issued to a specific owner of a dwelling. If the property owner sells or transfers the real property, the new owner shall apply for and must receive a vacation rental dwelling approval from the City before
using the dwelling as a vacation rental. (Ord. 2772, 6/9/15)
18.63.110 Violations:
Penalties, as specified in subsection 18.63.120, may be imposed for one (1) or more of the following violations:
A. Advertising, renting, using, or offering for use, occupancy, or rent a vacation rental dwelling where the owner does not hold a valid endorsement issued pursuant to this chapter.
B. Advertising, renting, using, or offering for use, occupancy, or rent a vacation rental dwelling in a manner that does not comply with the endorsement requirements of section 18.63.050.
C. Failure by the owner to pay the special excise tax required by MLMC Chapter 3.28.
D. Failure of the owner’s designated contact to respond to tenant, citizen, or City complaints or inquiries. “Failure to respond” occurs if City staff is unable to reach the designated contact after three (3) attempts, using the information that the owner has on file with the City.
E. Failure of the owner or any occupant to comply with any of the provisions and/or requirements of subsection 18.63.060. (Ord. 2772, 6/9/15)
18.63.120 Enforcement, Penalties, and Appeal:
A. Enforcement. This chapter may be enforced by any authorized representative of the City including, but not
limited to, the Police Chief, Building Inspector, Code Enforcement Officer, Community Development Director, City Manager, or designee.
B. Penalties.
1. For the first two (2) violations within a twelve (12) month period, the City shall issue a written warning to the owner. This written warning may also be accompanied by the issuance of a Notice of Violation and/or Notice of Infraction as may be appropriate pursuant to MLMC Chapter 1.20.
2. For the third violation within a twelve (12) month period, the Community Development Director shall revoke the owner’s vacation rental dwelling endorsement.
3. Penalties under this section shall be deemed to be separate from any other applicable penalty
provisions including license and tax penalties.
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C. Appeal. Any owner wishing to appeal the revocation of the vacation rental dwelling endorsement may request
an appeal to the City Manager by filing a written notice with the City Manager within ten (10) calendar days after the date of revocation. Any endorsement that has been revoked cannot be reapplied for or issued for a period of at least one (1) year from the date the endorsement was revoked. (Ord. 2772, 6/9/15)
18.63.130 Severability:
If any term or provision of this chapter or the application thereof to any person or circumstance shall, to any extent, be
invalid or unenforceable, the remainder of this chapter or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby and shall continue in full force and effect. (Ord. 2772, 6/9/15)
Section 3. Severability. If any section of this ordinance is found to be unconstitutional or invalid as written or as
applied to any particular person or circumstances, no other section of the ordinance shall be deemed to be
invalid, but rather, should be deemed to have been enacted independently and without regard to the section
affected.
Section 4. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage and publication
of its summary as provided by law.
Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on April 23, 2019.
_____________________________________
Karen Liebrecht, Mayor
ATTEST:
_______________________________________
Debbie Burke, City Clerk
APPROVED AS TO FORM:
_______________________________________
Katherine L. Kenison, City Attorney
Vote: Riggs Liebrecht Myers Jackson Curnel Leonard Hankins
Aye
Nay
Abstain
Absent
Date Published: April 29, 2019
Date Effective: May 3, 2019