2783u ORDINANCE NO.2783
AN ORDINANCE AMENDING CHAPTER 5.06 OF THE MOSES LAKE MUNICIPAL CODE
ENTITLED "LICENSING REGULATIONS -TEMPORARY LOCATIONS"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1.Chapter 5.06 of the Moses Lake Municipal Code entitled "Licensing Regulations -Temporary
Locations"is amended as follows
5.06.010 Authority:The provisions ofthischaptershallbe deemed anexercise ofthe authority and power
ofthe City to license,for the purposes of regulation and revenue,all andeverykind of business
authorized by law andtransacted andcarried onwithin the corporate limits ofthe City,as provided
by RCW35A.11.020.
5.06.020 License Required:It is unlawful for any person,firm,corporation,orassociationtoengage inany
kind ofbusiness, tradeorprofessionauthorized bylawwithin the City ofMoses Lakeas atransient
merchant as defined in Section 5.06.030 without firstobtaining a license therefore in compliance
with the provisions of this chapter.
5.06.030 Definitions:For the purposeofthis chapter,a transient merchantisdefinedas any person,firm,
corporation orassociation,whetheras owner,agent,consignee oremployee,whethera resident
of the City ornot,whichengage ina temporarybusiness of selling and delivering goods, wares,
and merchandise within said City,and who, in furtherance of such purpose, hires, leases,uses
oroccupies any building,structure,parking lotorarea,motorvehicle,tent,railroad boxcarorboth,
public room in hotels, motels,lodging houses, apartments, shops, orany street,alley,orother
public places within the City,for the exhibition and sale of such goods, wares and merchandise,
M either privately orat publicauction providedthat such definition shallnot be construed to include
any person,firm,corporation orassociationwho, whileoccupyingsuch temporarylocation,does
not sell from stock but exhibits samples only forthe purpose of securing orders forfuture delivery
only.The person,firm,corporation or association so engaged shall not be released from
complyingwiththe provisionsofthis chapter merely by reason of associating temporarily withany
local dealer, trader,merchant or auctioneer, or by conducting such transient business in
connection with, as a partof, or inthe name of any localdealer, trader,merchant or auctioneer.
5.06.045 Application Requirements:Theapplication shallbe submitted at least 14 days beforethe 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 propertywhere the business is proposed to be located
E. Site plan showingthe proposed location ofthe business,including existing buildings,parking,
and any proposed structures,vehicles,tents,etc.
F.Proof of insurance coverage,per MLMC 5.06.047.
5.06.047 Insurance:The licensee shall obtain and maintain public liability and property damage insurance
in the amount of one milliondollars ($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
(i insured and the policy shallnot be canceled orreduced without prior written noticeto the City as
^^^least thirty (30)days in advance ofthe cancellation.Proof of insurance shall be provided asa
condition of issuance of the license.
ORDINANCE NO 2783.
PAGE 2 October 13,2015
5.06.060 Location Change:Ifan 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 /^s
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 licenseshall 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.
5.06.080 Fee Schedule:The business license fee schedule is fixed in the amount of two hundred dollars
($200)per year or part thereof,payable in advance,for each business,trade or profession,
conducted or carried on withinthe corporate limitsofthe 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, ifconducting a business in orderto 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 ina single location underone (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.
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 chapterthose locallyowned and operated businesses,professions,or tradeswherein
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.
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.
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. Anyfraud,misrepresentation,or false statement contained inthe 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.
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ORDINANCE NO 2783.
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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.
5.06.170 Appeal:Anyperson aggrieved bythe denial ofan applicationfora license or bythe revocationof
a license as provided for inthis chapter,shall have the rightto appeal to the CityCouncil. Such
appeal shall be taken by filing with the Finance Directorwithin 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 forthe appeal. The City Councilshall set the time and place
for hearing on such appeal, and notice ofsuch hearing shall be given by mail to the appellant at
least five (5)calendar days prior to the date fixed for such hearing.
Section 2. This ordinance shall take effect and be inforce five (5)days after its passage and publication of
its summary as provided by law.
Adopted by the City Council and signed by its Mayor on October 13,2015.
Dick Deane,Mayor
ATTEST
APPROVED AS TO FORM:
'CI^IKA.UxL
Katherine L.Kenison,City-Attorney