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3022 Business License Title 5ORDINANCE 3022 AN ORDINANCE AMENDING THE MOSES LAKE MUNICIPAL CODE TITLE 5 BUSINESS LICENSES AND REGULATIONS. Recitals: 1.It is unnecessary to require commercial liability insurance when licensing Mobile Food Vendors, Street Food Vendors, or Temporary Location Businesses when they are operating on private property. 2.Administration of business licensing is now performed in the Finance Department; and, 3.Update codes to reflect current operations for business license application review, issuance, and enforcement. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Moses Lake Municipal Code Section 5.02.010 titled “Regulatory License-Background Checks” is amended as follows: 5.02.010 Regulatory License – Background Checks: The purpose of this chapter is to review all applicants engaged in the following: solicitors, mobile food vendors, pawnbrokers, secondhand dealers, and taxi drivers; to determine the genuineness of all credentials and documents presented by the applicant; and to determine if the applicant meets the fitness requirements set forth in Section 5.02.020. Section 2. Moses Lake Municipal Code Section 5.02.020 titled “Regulatory License – Review of Applicants” is amended as follows: 5.02.020 Regulatory License – Review of Applicants: A. Pursuant to RCW 35.21.920, the Chief of Police (or designee) shall cause to have performed a state and background check. B.An applicant, or employee seeking to engage in the occupations of solicitors, mobile food vendors, pawnbrokers, secondhand dealers, or taxi drivers, shall submit fingerprints to the City Document Ref: CEMSV-BAWKK-HZ5DA-EWMEE Page 1 of 7 of Moses Lake, which will submit to the Washington State Patrol and the Federal Bureau of Investigation. C. Upon receipt of the fingerprints and the appropriate fees, the Washington State Patrol will compare the subject’s fingerprints against its criminal database and submit the fingerprints to the Federal Bureau of Investigation for a comparison with records. The results of the Washington State Patrol and Federal Bureau of Investigation’s check will be returned to the Moses Lake Police Department. D. In rendering a fitness determination, the Moses Lake Police Department will decide whether the record subject has been convicted of, or is under pending indictment for, a crime which bears upon his/her ability or fitness to serve in that capacity. Any prior conviction of a felony may be considered, along with other factors, in determining whether a regulatory license should be issued. However, conviction of a felony shall not be the sole reason for denying a license unless such conviction was within the past ten (10) years and directly relates to the specific occupation, trade, vocation, or business for which the application is made. The presence of any outstanding warrant for the applicant, regardless of jurisdiction or severity of offense, is cause for denial of a license under this section. E. Should the record subject seek to receive a copy of, amend, or correct his/her record, he/she must contact the Washington State Patrol for a Washington State record or the Federal Bureau of Investigation for records from other jurisdictions maintained in its file. Section 3. Moses Lake Municipal Code Section 5.06.045 titled “Application Requirements” is amended as follows: 5.06.045 Application Requirements: The application shall be submitted at least fourteen (14) days before the proposed start of business, and shall include the following: A. Application form; B. Application fee per Section 5.06.080; C. Written permission of the owner of the property where the business is proposed to be located and/or authorization to utilize garbage service provided by the service location; Document Ref: CEMSV-BAWKK-HZ5DA-EWMEE Page 2 of 7 D. Site plan showing the proposed location of the business, including existing buildings, parking, and any proposed structures, vehicles, tents, etc.; E. Proof of insurance coverage, per Section 5.06.047. Section 4. Moses Lake Municipal Code Section 5.06.047 titled “Insurance” is repealed: 5.06.047 Insurance: The licensee shall obtain and maintain public liability and property damage insurance in the amount of two million dollars ($2,000,000) 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 at least thirty (30) days in advance of the cancellation. Proof of insurance shall be provided as a condition of issuance of the license. Section 5. Moses Lake Municipal Code Section 5.06.060 titled “Location Change” is amended as follows: 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 Department and the Building OfficialCommunity Development Department 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 license fee assessed an existing licensee for a change of his location, and the new business license issued shall carry the same expiration date. Section 7. Moses Lake Municipal Code Section 5.06.120 titled “Revocation or Denial of License” is amended as follows: 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 Finance Director for any of the following causes: Document Ref: CEMSV-BAWKK-HZ5DA-EWMEE Page 3 of 7 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. F. Any violation with building or fire codes of the City. Section 7. Moses Lake Municipal Code Section 5.06.130 titled “Duty of Building Official to Enforce” is amended as follows: 5.06.130 Duty of Building OfficialFinance Department to Enforce: It shall be the duty of the Building OfficialFinance Department 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 chapter against any person found to be violating the same. Section 8. Moses Lake Municipal Code Section 5.07.040 titled “Application” is amended as follows: 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 and/or signed agreement from the property owner to utilize their garbage. 2. Washington State tax number. Document Ref: CEMSV-BAWKK-HZ5DA-EWMEE Page 4 of 7 3. Proof of general liability and/or vehicle liability insurance coverage, per Section 5.07.045. 4. Site plan of where unit will be located (if applicable), as it pertains to existing buildings, parking and exits, will be provided for each operating location within City limits. 5. Food handler’s permit (if applicable). 6. Written authorization from the property owner to conduct business on their property (if applicable) for each operating location. Section 9. Moses Lake Municipal Code Section 5.07.045 will be repealed: 5.07.045 Insurance: The licensee shall obtain and maintain public liability and property damage insurance in the amount of two million dollars ($2,000,000) 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 at least thirty (30) days in advance of the cancellation. Proof of insurance shall be provided as a condition of issuance of the license. Section 10. Moses Lake Municipal Code Section 5.07.050 titled “Investigation and Determination” will be amended as follows: 5.07.050 Investigation and Determination: Upon receipt of such application, the Community Development Director Finance Department shall cause such investigation of such person’s 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 all City departments for itstheir determination as to compliance with standards and requirements of this chapter. An application shall be denied by the Community Development Director Finance Department 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 Finance Department shall keep a record of all licenses issued under this chapter and shall promptly provide the Washington State Department of Revenue a recordcopy of any license issued under this chapter. Document Ref: CEMSV-BAWKK-HZ5DA-EWMEE Page 5 of 7 Section 11. Moses Lake Municipal Code Section 5.07.100 titled “Revocation or Denial of License” shall be amended as follows: 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 Finance 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.Any violation with building or fire codes of the City. 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. Section 12. Moses Lake Municipal Code Section 5.07.130 titled “Duty of Building Official to Enforce” shall be amended as follows: 5.07.130 Duty of Building OfficialFinance Department to Enforce: It shall be the duty of the Building Official Finance Department 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 chapter against any person found to be violating the same. Section 13. 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 11, 2023. _____________________________________ Don Myers, Mayor ATTEST: Document Ref: CEMSV-BAWKK-HZ5DA-EWMEE Page 6 of 7 _______________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: _______________________________________ Katherine L. Kenison, City Attorney Martinez Swartz Myers Fancher Madewell Eck Skaug Vote: Date Published: April 17, 2023 Date Effective: April 22, 2023 Aye Aye Aye AyeAye AyeAbsent Document Ref: CEMSV-BAWKK-HZ5DA-EWMEE Page 7 of 7 Signature Certificate Reference number: CEMSV-BAWKK-HZ5DA-EWMEE Document completed by all parties on: 13 Apr 2023 21:08:26 UTC Page 1 of 1 Signer Timestamp Signature Katherine Kenison Email: kkenison@basinlaw.com Recipient Verification: Sent:12 Apr 2023 18:13:54 UTC Viewed:12 Apr 2023 19:49:37 UTC Signed:12 Apr 2023 19:49:47 UTC ✔Email verified 12 Apr 2023 19:49:37 UTC IP address: 173.209.171.7 Location: Moses Lake, United States Mayor Don Myers Email: dmyers@cityofml.com Recipient Verification: Sent:12 Apr 2023 18:13:54 UTC Viewed:13 Apr 2023 19:15:13 UTC Signed:13 Apr 2023 19:15:37 UTC ✔Email verified 13 Apr 2023 19:15:13 UTC IP address: 166.198.252.135 Debbie Burke Email: dburke@cityofml.com Recipient Verification: Sent:12 Apr 2023 18:13:54 UTC Viewed:12 Apr 2023 21:26:26 UTC Signed:13 Apr 2023 21:08:26 UTC ✔Email verified 12 Apr 2023 21:26:26 UTC IP address: 63.135.54.162 Location: Moses Lake, United States Signed with PandaDoc PandaDoc is a document workflow and certified eSignature solution trusted by 40,000+ companies worldwide.