HomeMy WebLinkAbout4162 iUI~IARY ORDINANCE NO. 4162
~\~ gulatory licenses and amending Title 5 of the
Bremerton Municipal Code.
~~/'~ THE CITY COUNCIL of the City of Bremerton does hereby
ordain:
SECTION 1. General Provisions for Requlatory Licenses
5.03 - Homogeneous requirements for all regulatory licenses were
consolidated into one ordinance to gain consistency and
definitive requirements for each license category.
SECTION 2. Occupation Tax - Vehicles for Hire 6.04 -
is repealed because these provisions are included in Business
License/Tax Ordinance 5.02.
SECTION 3. Pawnbrokers & Secondhand Dealers 5.10 -
Antiques were exempted and garage sales hours were increased from
24 to 72 hours per sale. Increased fee to $100/yr.
SECTION 4. Closing Out, Removal R Distress Sale
5.12 - Amended to accommodate General Provisions 5.03.
SECTION 5. ~emporary Merchants~ Peddlers a Mobile
Food Vendors 5.16 - Charitable Solicitations were taken out -
Temporary Merchant exemption for farmers (required by State law)
was put in - Temporary merchants were exempted from B/O tax and
licensing but fee was raised to $200 for 30 days - Insurance
requirements were defined for mobile food vendors.
SECTION 6. Charitable Solicitations 5.17 - New
ordinance to regulate solictations to be in concert with new
State rules and to help ensure that citizens are not defrauded by
illegal or unethical campaigns.
SECTION 7. Street/Sidwalk Vendors 5.20 - Defined
insurance coverage to include products liability. Much of the
disclaimer language in this ordinance was moved to General
Provisions 5.03.
SECTION 8. Public Dance 5.22 - Amended to accommodate
General Provisions.
SECTION 9. Bowling Alleys 5.26 - Repealed due to lack
of need to regulate under this title.
SECTION 10. Miniature Golf Courses 5.32 - Repealed due
to lack of need to regulate under this title.
SECTION Il. Skatinq Rinks 5.32 - Repealed due to lack
of need to regulate under this title.
SECTION 12. Special Events 5.36 - Consolidated to one
kind of license for "special events" Defined insurance
requirements. Increased fee to $150/yr.
SECTION 13. Theaters 5.38 - Amended to accommodate
General Provisions.
SECTION 14. Hotels/Motels 5.42 - Amended to
accommodate General Provisions.
SECTION 15. Liquor Establishment 5.46 - Amended to
accommodate General Provisions.
SECTION 16. Ambulances 5.50 - Insurance requirements
were raised to $1,000,000 for comprehensive general liability,
auto liability and malpractice insurance.
SECTION 17. Taxicabs 5.54 - "Taxicab" definition
revised - City Council approval of taxicab licensing was
transferred to City Clerk - Go/or and insignia of cabs must be
declared and approved - Insurance requirements were raised to
$300,000 bodily injury and property damage - Fee for driver
permits was raised to $25/yr.
SECTION 18. Security Officers 5.68 - Reference to law
enforcement officers was removed. Renewal fees were raised to
$25 and insurance requirements were raised to comprehensive
general liability of $500,000.
SECTION 19. Advertising Matter 5.76 - Amended to
accommodate General Provisions.
SECTION 20. Sound Equipment 5.84 - Repealed due to
lack of need to regulate under this title.
SECTION 21. Massage Parlors & Related Businesses
5.92 - Ordinance completely rewritten. Insurance requirement
added. Inspections defined. Record keeping requirements
strengthened. Enforcement criteria defined so that licensed
businesses can easily understand what is unlawful and what is
necessary to retain valid license. Fees were increased -
business to $500/yr. and massagist to $100/yr. to cover
enforcement costs.
SECTION 22. Erotic Dance Studio~ 5.96 - Fee for
license is increased to $500/yr. to cover regulatory enforcement
costs. Dancer's license fee was increased to $50/yr.
SECTION 23. Shuttle Bus & Limousine Services 5.98 -
Insurance requirements defined as $300,000 combined single limit
auto liability.
SECTION 24. Violation - Penalty 5.99 - Reclassifies
most violations of regulatory licensing from misdemeanors to
infractions.
APPROVED by the City Council on the first reading this
15 day of June , 1988.
PASSED by the City Council of the City of Bremerton
this 22 day of June , 1988.
HANK WAIBEL, President
City Council
APPROVED this 2~ .... day of June , 1988.
__~E LOBE, Mayor
ATTEST:
KATHLEEN L. McCLUSKEY, City Clerk/
Director, Administrative Services
ORDINANCE NO. 4162
PUBLISHED:
AN ORDINANCE revising provisions relating to regulatory .
licenses and amending Title 5 of the Bremerton Municipal /~
Code.
THE CITY COUNCIL OF THE CITY OF BREMERTON DOES HEREBY
ORDAIN:
SECTIO~ 1: A new section, B.M.C. 5.03, General
Provisions for Regulatory Licenses is hereby created to read as
follows:
5.03.010 PURPOSE. (1) It is expressly the purpose of
this Chapter to regulate and license certain business activities
which may be injurious to public health and safety and which may
affect the social well being of the City and its residents. This
Chapter is not intended to create or otherwise establish or
designate any particular class or group of persons who will or
should be especially protected or benefitted by the terms of this
Chapter.
(2) It is the specific intent of this Chapter to place the
obligation of complying with its requirements upon the license
holder or applicant for a license. No provision of, nor term
used in, this Chapter is intended to impose any mandatory duty
upon the City or any of its officers or employees.
(3) Nothing contained in this Chapter is intended to be nor
shall be construed to create or form the basis for any liability
on the part of the City, or its officers, employees or agents,
for any damage resulting from the failure of the license holder
or applicant for a license to comply with the provisions of this
Chapter, or by reason of or in consequence of any act or omission
in connection with the implementation or enforcement of this
Chapter on the part of the City by its officers, employees or
agents.
5.03.020 SCOPE. The provisions of this Chapter shall
apply whenever a regulatory license is required by a Chapter in
this Title. The licensee shall be the person or entity who owns
the business. Where the license applicant is a corporation, the
term "applicant" shall include principal officers and managers.
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Where the license applicant is a partnership, the term
"applicant" shall include principal partners and managers.
5.03.030 APPLICATION FOR REGULATORY LICENSE - CONTENTS.
Each applicant shall provide, at a minimum, the following
information:
1. True name and any assumed names or aliases used.
2. Home address and telephone number.
3. Sex, weight, height, color of eyes and hair.
4. Date of birth.
5. Social Security number.
6. A copy of applicant's identification which must include
some form of picture identification, i.e., a driver's license or
Washington State identification card.
7. The business occupation and/or employment history of the
applicant for the five (5) years immediately preceding the date
of application.
8. Residence address(es) of the applicant for the five (5)
years preceding the date of application.
9. The business name, business address, and telephone
number of the proposed business.
10. A listing and explanation of all services to be
provided.
11. A description of any other business activity to be
conducted on the premises or adjoining premises owned and
controlled by the applicant.
12. The principal enterprise of the business if different
from the activity being licensed.
13. Whether the applicant has ever been convicted, forfeited
bail, or pled guilty to any crime, excluding minor traffic
offenses. If so, state the charge and the nature of the crime,
the name and location of the convicting court and the disposition
thereof.
14. Written declaration by the applicant under penalty of
perjury, that the foregoing information contained in the
application is true and correct, said declaration being duly
stated and signed.
15. Such other relevant identification and information
necessary as the City Clerk may reasonably require to discover
the truth of statements made in the application.
16. Authorization for the City, its agents and employees to
seek information and conduct an investigation into the truth of
the statements set forth in the application and the
qualifications of the applicant for the license.
5.03.040 LICENSE ISSUANCE - FEES.
1. Application must be received by the City Clerk at least
three (3) weeks prior to issuance.
2. License fees will be due upon application. Refer to
individual chapters for appropriate fees. Unless otherwise
specified in individual chapters:
(a) Fees are non-refundable;
(b) Fees are prorated for expiration on June 30th of
each year.
(c) Licenses must be renewed on July 1st of each year.
(d) In the event a license renewal fee is not paid
within fifteen (15) days of the due date there shall be
levied a late charge of $10.00.
3. Within five (5) days of the filing of an application
under this Section and the receipt of the correct license fee,
the City Clerk will forward copies to the Police Department and
every other appropriate department for their review. Each
department will respond, within fourteen (14) days of receipt of
such application, with a recommendation based on its
investigation.
5.03.050 LICENSE - GROUNDS FOR DENIAL. The City Clerk
shall issue a regulatory license to the applicant if all the
application requirements are met and the statements contained in
the application are determined to be true, unless the Clerk finds
one of the following, in which case the license application may
be denied:
(a) The correct license fee has not been tendered
to the City and in the case of a check or bank draft,
not honored with payment upon presentation.
(b) That one or more of the departmental reviews
requested by the City Clerk reveals noncompliance of
federal, state, or local laws.
(c) The applicant knowingly made any false
representation or fraudulent statement of fact or failed
to disclose facts or has provided incorrect, false, or
misleading information in the license application, or
in any document required by the City in conjunction
therewith.
(d) The applicant has had a similar regulatory
license revoked by the City of Bremerton or any other
state or local agency within five (5) years prior to the
date of the original application.
(e) The applicant is not over the age of 18 years.
5.03.060 LICENSE SUSPENSION OR REVOCATION - GROUNDS.
1. The following shall be grounds for suspension or
revocation of a regulatory license issued under the provision of
this Chapter:
(a) The license was procured by fraud or false
representation of facts.
(b) For violation of, or failure to comply with,
the provisions of this Chapter or any other chapter
in this Title by the licensee or any of his agents or
employees.
(c) The license renewal fee and applicable late
charge is not paid within thirty (30) days of the
license expiration date.
2. The City Clerk shall suspend the regulatory license of a
business or person licensed hereunder for a period of:
(a) Sixty (60) days upon receipt by the Clerk
of a notice of a first violation pursuant to 1 above.
(b) Ninety (90) days upon receipt by the Clerk of
a notice of a second violation pursuant to 1 above
within five (5) years of the initial violation.
3. The City Clerk shall revoke the regulatory license of a
business or person licensed hereunder upon receipt of a notice of
a third violation pursuant to 1 above within five (5) years of
the initial violation. Such revocation sha~i be in effect for a
period of two (2) years.
5.03.070 APPEAL TO MUNICIPAL COURT. Bremerton
Municipal Court shall have jurts4ict~on ~o.receive and. rule.on:
appeals from applicants aggrieved by the City Clerk's decision to
revoke the regulatory license of a business or person licensed
above after a written complaint has been denied by the department.
Appeals may be heard by the Municipal Court Judge or Court
Commissioners, or in its discretion, the Court may assign the
matter to the Hearing Examiner.
The administrative appeal under this Chapter shall be.
conducted accord?rig to procedures of municipal code
2.84.080-.230, whether conducted by the Court or Hearing
Examiner.
5.03.080 FACILITY STANDARDS. It shall be the duty of
the licensee and its employees to comply with fire, building,
land use, sanitation, and health regulations.
5.03.090 OPERATING REQUIREMENTS. It shall be the duty
of the licensee and its employees to meet the following operating
~equirements:
1. The regulatory license shall be prominently posted in a
location of public view in the licensee's plade of business at
all times and such permit shall not be tampered with in any
manner.
2. No establishment granted a license under the provisions
of this Chapter shall p'~ace, publish or distribute or cause to be
placed, published or distributed any advertisement, picture or
statement' which i~ known or through exercise of reasonable care
should be k~own to be false, deceptive or misleading in order to
induce any person to purchase or utilize goods or services of the
business.
3. No person granted a license pursuant to this Chapter shall
operate the establishment under a name not specified on the
license nor shall that person conduct business at any location not
specified on the license
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5.03.100 SALES OR TRANSFER OR CHANGE OF LOCATION.
Upon sale, lease, transfer, or relocation of a business the
regulatory license thereof shall be null and void.
5.03.110 APPLICABILITY. All persons who are required
to be licensed by this Chapter shall be subject to all of the
conditions and requirements of this Chapter, whether they
actually obtain the licenses required or not.
5.03.120 RULEMAKING. The City Clerk shall have the
power and duty, from time to time, to adopt, publish, and enforce
rules not inconsistent with law for the purpose of carrying out
the provisions hereof and it shall be unlawful to violate or fail
to comply with any such rule.
5.03.130 ADDITIONAL LICENSES. The issuance of a
license provided under this Chapter shall not relieve the
licensee from securing any other license(s) required by federal,
state or local law.
SECTION 2: B.M.C. Chapter 5.04, Occupation Tax-Vehicles
for Hire, is hereby repealed in its entirety.
SECTION 3: B.M.C. 5.10, Pawnbrokers and Secondhand
Dealers, is hereby amended to read as follows:
.010 DEFINITIONS. A. "Bullion" means a form of
precious metal or alloy thereof, such as gold, silver, palladium
or platinum, traded for its intrinsic value in its manufactured
form, such as ingots, bars or coins, and including either a
serial number or a stamp from the manufacturer.
B. "Junk" means any nonmetal or commonly discarded item
that is worn out or has outlasted its usefulness as intended in
its original form.
C. "Pawnbroker" means any person engaged, in whole or in
part, in the business of loaning money upon the security of
deposits or pledges of personal property.
D. "Reprocessed goods" means any item of personal property
that is substantially rebuilt or remanufactured.
E. "Scrap metal" means any used metal, except alloys of
gold, silver, platinum or palladium, that is no longer useful as
it was intended to be used in its original form, or that is
commonly gathered upon and sold to be converted into another
form.
F. "Used goods" means any item of personal property offered
for sale, not as new, including metals in any form except coins
that are legal tender, but excluding books, magazines and postage
stamps, and excluding bullion, as hereabove defined.
G. "Used goods dealer" means any pawnbroker or person
engaged in the business of purchasing, selling, trading,
auctioning, consignment selling, or otherwise transforming for
value at the retail level, used goods.
The term "used goods dealer" shall not include the
following:
i. A person whose business is substantially
devoted to trade in "antiques" as defined in this
Chapter; or
ii. A person conducting a yard sale or garage
sale of his own property on his own premises, for a
period not to exceed seventy-two (72) hours on not
more than two (2) separate occasions per year; or
iii. A wholesaler of merchandise or a dealer
conducting transactions with other dealers, as opposed
to the general public.
H. "Antique" means any item of personal property reasonably
identifiable as being more than fifty (50) years old.
.020 LICENSE - REQUIRED. It is unlawful to engage in
business or act as a used goods dealer or pawnbroker without
first obtaining a regulatory license in addition to a business
license. If a used goods licensee is a pawnbroker, his or her
license shall be endorsed "pawnbroker." Such license shall
authorize the licensee to operate as a used goods dealer or
pawnbroker only at the premises named on the license. Each
premises shall require a separate regulatory license.
.030 LICENSE - APPLICATION AND FEE. Applications
shall be accompanied by a license fee of One Hundred Dollars
($100.00) per year.
.040 LICENSE - BOND. A pawnbroker shall be required
to post a One Thousand Dollar ($1,000.00) license bond in
addition to paying the license fee required under this Chapter.
· 050 LICENSE - DENIAL, SUSPENSION OR REVOCATION. Any
license issued pursuant to this Chapter may be suspended or
revoked or application denied due to the following:
1. Conviction of the licensee or any of his emDlov~o ~=
any crime r~la~ing to the operation of a used goods or pawnbroker
dealership;
2. Failure to record any item purchased or received by the
licensee or his or her employees;
3. Failure to submit to the police all required records;
4. Submitting a false or incomplete record to the police.
[B.M.C. 5.10.060-.100 are unchanged]
.110 VIOLATION - PENALTY. Any person violating this
Chapter, or any part hereof, shall be guilty of a misdemeanor and
subject to the provisions of B.M.C. 1.12.
SECTION 4: B.M.C. 5.12, Closing Out, Removal and
Distress Merchandise Sale, is hereby amended to read as follows:
[B.M.C. 5.12.010 is unchanged]
.020 LICENSE - REQUIRED. It is unlawful for any
person to hold any sale, as defined in §5.12.010, or to
advertise, represent or hold out that any sale of goods, ware or
merchandise is a sale of distressed goods, wares or merchandise
or is a removal or closing out sale in the City, unless such
person shall have first obtained a regulatory license to conduct
such sale in addition to a business license.
[B.M.C. 5.12.030 is unchanged]
.040 LICENSE - APPLICATION. The applicant shall be
required to file a statement showing all the facts in regard to
the contemplated sale, the reasons for such sale, and an
inv~nhory lighing the goodg to be gold, their actual gelling
price, names of the persons from whom the goods were obtained,
date of delivery to the applicant, and all details necessary to
fully identify the goods to be sold, and shall specify the period
of time during which the sale will continue, not to exceed a
8
period of two months, except as hereinafter provided. Attached
to such inventory form shall be an oath to be signed by the
applicant stating that none of the listed goods has been brought
to the store within sixty (60) days last past and no license
shall be issued as to any goods brought into the store during
said period. Filing of a false affidavit shall be a violation of
this Chapter. No license shall be issued to any person to
conduct a close out sale for any business which he had not
conducted for at least sixty (60) days at the time of
application.
[B.M.C. 5.12.050-.080 is unchanged]
5.12.090 - [License - Revocation - Appeal] is hereby
repea led.
[B.M.C. 5.12.100-.140 is unchanged]
5.12.150 - [Penalty for Violations] is hereby repealed.
SECTION 5: B.M.C. 5.16, Temporary Merchants, Peddlers,
Vendors from Mobile Units and Charitable Solicitors, is hereby
amended to read as follows:
Temporary Merchants, Peddlers and Mobile Food Vendors
.010 - Definitions. In construing the provisions of
this Chapter, the following definitions shall be applied:
1. "Peddler" means any person, either as agent, employee or
principal, who carries goods, wares or merchandise of whatever
nature or description or any person who offers services from
house to house, building to building, or upon any street, highway
or public place within the City for the purpose of selling such
goods, wares or merchandise or solicitory orders for the same.
Exempt from the meaning of this definition shall be newspapers.
2. "Temporary merchant" means and includes anyone who, with
intent to engage temporarily, transiently or itinerantly in such
business in the City, sells goods, wares or merchandise or offers
services and has no permanent location within the City; provided,
a farmer, gardener, or other person who sells, delivers or
peddles any fruit, vegetables, berries, eggs or any farm produce
or edibles raised, gathered, produced or manufactured by such
person is exempt from requirements of this Chapter.
3. "Vending of food from mobile unit" means a mobile unit
travelling City streets for the purpose of selling edible
merchandise. Exempt from the meaning of this definition shall be
those mobile units used specifically for the delivering only of
food pursuant to orders taken at an established place of
business.
.020 LICENSE - REQUIRED. It is unlawful to engage in
business as a peddler or mobile food vendor in the City without
first obtaining a regulatory license in addition to a business
license. It is unlawful to engage in business as a temporary
merchant without first obtaining a regulatory license. A
temporary merchant regulatory license shall be issued in lieu of
a business license and licensee shall be exempt from payment of
City business and occupation taxes.
.030 LICENSE - FEES AND TERMS. (a) Temporary
Merchants. The fee for a temporary merchant's license shall be
Two Hundred Dollars ($200.00). This license shall not exceed
thirty (30) days in duration. A temporary merchant's license
will be issued only twice in a calendar year. If a temporary
site is used for itinerant sales, it must be situated on private
property. The site and any temporary structure, excluding motor
vehicles and trailers, must be approved by the building official
and planning and fire departments before license issuance.
(b) Peddlers. The fee for a peddler's license shall be Ten
Dollars ($10.00) per month or Fifty Dollars ($50.00) per year,
per peddler, not prorated for any part of a license year.
(c) Mobile Food Vending. The license fee for mobile unit
vending shall be Fifty Dollars ($50.00) per year per vehicle.
The license must be posted inside the vehicle.
5.16.040 - [License- Revocation/Denial - Appeal] is
hereby repealed.
[B.M.C. 5.16.050 is unchanged]
.060 SPECIAL CONDITIONS - MOBILE FOOD VENDORS. (a)
Vendors from mobile units shall not use radios or any other sound
devices to attract public attention unless in accordance with
Chapters 6.32.
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(b) A receptacle of adequate size shall be provided on such
unit for the deposit of refuse.
(c) The owner or operator of such mobile food vending unit
shall fully comply with any and all federal, state and City laws
regarding the purity of such food and the cleanliness of such
unit.
(d) A certificate of insurance naming the City as additional
insured shall be provided before license issuance and
subsequently kept current. The minimum liability coverage must
be $500,000.00 combined single limit bodily injury and property
damage and shall include products liability.
5.16.070 - [Applicant Not Relieved from Securing Other
Licenses] is hereby repealed.
5.16.080 - [Authority of City Clerk to Promulgate Rules
and Regulations] is hereby repealed.
5.16.090 - [Violation - Penalty] is hereby repealed.
SECTION 6: A new chapter, B.M.C. 5.17, Charitable
Solicitations is added to read as follows:
5.17.010 - Definitions. Whenever used in this Chapter:
1. "Charitable" shall include recreational, health, social
service, humanitarian, educational either actual or purported.
"Charitable" shall not include "religious" or "religion" as
commonly defined where the proceeds will be used solely for
religious purposes as distinguished from educational, recreation,
social service, health, humanitarian, or welfare.
2. "Contributions" shall mean and include the words alms,
food, clothing, money, subscription, property, or donations under
the guise of a loan of money or property.
3. "Cost of solicitation" shall mean all costs of whatever
nature incurred in raising the funds solicited including costs of
promotion.
4. "Costs of promotion" shall mean costs of all
publications, goods and services sold, given away, or used as
prizes in connection with the solicitation.
5. "Person" shall mean any individual, firm,
co-partnership, corporation, association, society, league,
11
organization, or religious body and includes any trustee,
receiver, assignee, agent, or other representative thereof.
6. "Professional fund raiser" also referred to as
"Promoter" shall mean a person who, for compensation plans,
promotes, conducts, manages, or carries on or attempts to plan,
promote, conduct, manage or carry on any drive or campaign,
directly or indirectly, for the purpose of soliciting
contributions for or on behalf of any charitable organization or
engages in the business of soliciting contributions for
charitable purposes. A bona fide officer or regular employee of
a charitable organization shall not be deemed a professional
promoter by reason of his participation by or on behalf of his
employer.
7. "Solicit" and "solicitation" shall mean the request,
directly or indirectly, of money, credit, property, financial
assistance or other thing of value on the plea or representation
that such will be used for a charitable purpose as hereafter
defined. "Solicit" and "solicitation" shall include the
following methods of requests, collections, or receipts:
(a) Any oral or written request.
(b) The sale of, offer, or attempt to sell any
chance, coupon, device, tag, emblem, ticket, book,
card, magazine, membership, merchandise, subscription,
advertising space, or other thing in connection with
which an appeal is made for a charitable purpose or
any statement is made that the whole or any part of the
proceeds from such sale will be donated to or will go to
a charitable purpose.
(c) Bingo activities, raffles, and amusement games
conducted under Chapter 9.46 RCW and applicable rules of
the Washington State Gambling Commission are specifically
excluded and shall not be deemed a solicitation under
this Chapter.
8. "Charitable organization" shall mean any organization
organized and operated for charitable, educational, or other
12
purposes which is exempt from taxation pursuant to §501(c)(3) of
the Internal Revenue Code of 1954, as amended.
.020 LICENSE REQUIRED. It shall be unlawful for any
charitable organization, its members or employees, to solicit,
collect or receive contributions in the City of Bremerton without
first obtaining a regulatory "charity solicitation license."
It shall be unlawful for any professional fund raiser to
solicit, collect or receive contributions in the City where it is
represented that the proceeds of such solicitations or any part
thereof are to be used for a charitable purpose without first
obtaining a regulatory "professional fund raiser license" in
addition to a City business license.
.030 LICENSE - APPLICATION. In addition to the
application requirements of Chapter 5.03, the following
information shall be provided by the applicant for a "charity
solicitation license" or "professional fund raiser license:"
1. The purpose for which such solicitation or sale is to be
made and an estimate of the total amount to be raised thereby.
2. The manner in which the solicitation will be conducted
and an estimate of the cost of solicitation and the cost of
promotion, if any, and of the net proceeds expected for the
charitable purpose.
3. The time when such solicitations or sale shall be made,
giving the preferred dates of the beginning and ending of such
solicitations.
4. If a professional fundraiser is to be employed, a copy
of the contract between the promoter and the charitable
organization.
5. A certified copy of the resolution or other action
authorizing the solicitation from the charitable organization.
6. The name(s) and address(es) of the person or persons by
whom the receipts of such solicitations or sale shall be
disbursed.
7. A full statement of the character and extent of the
charitable work being done by the applicant in the City.
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8. A statement to the effect that, if licensing is granted,
it will not be used or represented in any way as an endorsement
of the solicitation conducted thereunder by the City of
Bremerton, any department, officer, or employee thereof.
9. Written verification of current registration and
required bonding with the Secretary of State's office pursuant to
RCW 19.09.
.040 CHARITY SOLICITATION LICENSE - FEES - TERMS. The
license fee shall be Ten Dollars ($10.00) per solicitation
campaign. The license shall not exceed 120 days. Each new
solicitation given by or for a charitable organization will
require separate application and licensing. If the charitable
organization promotes and administers its own charitable
solicitation, then a list showing the names of all solicitors and
locations of the solicitation must be provided upon request.
Each solicitor shall provide proper credentials identifying
him/herself and the sponsoring charitable organization to those
persons being solicited.
.050 PROFESSIONAL FUND RAISER LICENSE - FEES - TERMS.
The fee for a professional fund raiser license shall be $1,000.00
per solicitation campaign. The license shall not exceed 120 days.
A list showing the names of all solicitors and locations of the
solicitation must be provided the City Clerk. Each solicitor
shall provide proper credentials identifying him/herself and the
sponsoring charitable organization and the promoter to those
persons being solicited.
.060 LICENSE - GROUNDS FOR DENIAL. The City Clerk
shall grant licensing under this Chapter unless it is found that
one or more of the following facts exist:
1. That the applicant is or has engaged in fraudulent
transactions or enterprises relating to soliciting charitable
contributions.
2. That the solicitation on behalf of applicant would be a
fraud upon the public.
.070 BOOKS AND RECORDS. Every person receiving
contributions for a charitable purpose shall give a signed,
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written receipt therefor. Every person managing or supervising
the solicitation of contributions for charitable purposes shall
maintain a system of accounting wherein all donations and
disbursements are recorded and which shall be open to inspection
at all reasonable times to the City Clerk or such person as (s)he
shall designate.
.080 COST OF SOLICITATION - LIMITATIONS. The cost of
solicitation and promotion for a charitable solicitation shall
not exceed a reasonable portion of the gross amount realized from
such solicitation. Cost of solicitation in excess of Fifty
Percent (50%) of the gross amount realized from the solicitation
shall establish a prima facie case that the cost of solicitation
is unreasonable.
.090 PENALTY FOR VIOLATION. All violations of this
Chapter shall be deemed misdemeanors.
SECTION 7: B.M.C. Chapter 5.20, Street/Sidewalk
Vendors, is amended to read as follows:
[B.M.C. 5.20.010-.020 are unchanged]
.030 LICENSE- REQUIRED. It is unlawful for any
person to engage in street/sidewalk vending in the City without
first obtaining a regulatory license in addition to a business
1 icense.
.040 LICENSE - FEES AND RENEWALS. A street/sidewalk
vending license fee is fixed at One Hundred Fifty Dollars
($150.00) per year per device, payable at the time application is
made, and shall be prorated to expire on June 30th of each year.
A refund up to One Hundred Twenty-Five Dollars ($125.00) will be
granted by the tax and revenue license division if a vendor's
license is denied, however, Twenty-Five Dollars ($25.00) of the
license fee will be retained in all instances as a processing fee.
A vendor requesting renewal of his/her license for a business
that remains unchanged since the last application/renewal is
required to pay the annual fee. A vendor requesting renewal of a
license for a business that has changed or proposes to change
location, features of the cart, products, (i.e., from food to
flowers), etc. since the last application/renewal must follow the
15
requirements for a new application. Street/sidewalk vending
licenses are nontransferable. Charitable organizations can
obtain a one (1) month license for a fee of Twenty-Five Dollars
($25.00).
[B.M.C. 5.20.050 is unchanged]
.060 VENDING REQUIREMENTS. In order to obtain a
street/sidewalk vending license to vend food, flowers,
nonalcoholic beverages, or other nonedible miscellaneous
merchandise upon the streets and sidewalks of the City, an
applicant must submit the following:
1. A copy of the street/sidewalk vendor's regulatory
license application and appropriate fee as covered under 5.20.040
of this Chapter.
2. A copy of the current City business license or a copy of
the business license application and appropriate fee.
3. A permlt or other written document from the health
department granting approval for each food and/or beverage
vending unit.
4. A permit or other written document from the fire
department granting approval for vendors using flammable
substances.
5. A permit or other written document from the Bremerton
City Park and Recreation Department and/or Bremerton School
District granting approval if the vending unit will be placed
within Two Hundred Feet (200') of a public park, school and/or
playground.
6. A certificate of insurance naming the City as an
additional insured. The minimum liability coverage must be
$500,000.00 combined single limit bodily injury and property
damage, including products liability if food vending.
7. A description of the desired location and adjacent
businesses in the proximity.
16
.070 LOCATION REQUIREMENTS. A street/sidewalk vending
unit shall not be permitted in areas where zoning on adjacent
private property is classified as residential. A vending unit
must be placed so it does not obstruct or impede pedestrian or
vehicular traffic. A minimum Five Foot (5') sidewalk width must
be maintained for pedestrian travel at all times. Such width
shall be measured after including the dimensions of the cart, and
any support equipment or accessories placed adjacent to the cart
during operation.
A food vending unit shall not be permitted in an area where
a restaurant or fruit and vegetable market with direct access to
the sidewalk is adjacent or within One Hundred Feet (100') on the
same block. A flower vending unit shall not be permitted in an
area where a flower shop with direct access to the sidewalk is
adjacent or within One Hundred Feet (100') on the same block.
This requirement may be waived with the written consent of the
proprietor of the restaurant, fruit and vegetable market, or
flower shop.
[B.M.C. 5.20.080 is unchanged]
5.20.090 is hereby repealed.
5.20.100 is hereby repealed.
5.20.110 is hereby repealed.
5.20.120 is hereby repealed.
SECTION 8: B.M.C. Chapter 5.22, Public Dances is hereby
amended to read as follows:
.010 LICENSE - REQUIRED. It is unlawful for any
person, firm, or corporation to conduct any public dance to which
the general public is admitted without first having obtained a
regulatory license in addition to a business license.
.020 LICENSE - FEE. The fee for a public dance shall
be the sum of :Pwo Hundred Dollars ($200.00) per year, same to
become due and payable on July 1 of each year and prorated on a
monthly basis.
.030 LICENSE - ONE MONTH. Applicant can purchase a
license for a period of one (1) month only for the sum of Fifty
Dollars ($50.00).
17
5.22.040 is hereby repealed.
5.22.050 is hereby repealed.
5.22.060 is hereby repealed.
[B.M.C. 5.22.070-.080 are unchanged]
5.22.090 is hereby repealed.
SECTION 9: B.M.C. Chapter 5.26, Bowling Alleys, is
hereby repealed in its entirety.
SECTION 10: B.M.C. Chapter 5.32, Miniature Golf
Courses, is hereby repealed in its entirety.
SECTION 11: B.M.C. Chapter 5.34, Skating Rinks, is
hereby repealed in its entirety.
SECTION 12: B.M.C. Chapter 5.36, Public Amusements, is
hereby amended to read as follows:
SPECIAL EVENT
.010 LICENSE - REQUIRED. No person, firm, company, or
corporation shall run, manage, operate, or conduct any circus,
parade, carnival games/rides, street fairs, sidewalk sales, or
other promotional activity within the City without first
obtaining a regulatory license in addition to a business license.
.020 LICENSE - FEE - TERMS. The license fee for a
special event shall be the sum of One Hundred Fifty Dollars
($150.00) for fourteen (14) days or less, and Twenty-Five Dollars
($25.00) per day for each consecutive day over fourteen (14).
Non-profit organizations sponsoring a special event shall be
exempt from the license fee. The City reserves the right to
charge any sponsor of a special event direct costs incurred by
the City as a result of the event. Such costs may include the
cost of barricading streets, plan reviews, or public safety
involvement.
5.36.030 is hereby repealed.
5.36.040 is hereby repealed.
[B.M.C. 5.36.050 is unchanged]
.060 USE OF CITY STREETS AND SIDEWALKS. No person,
firm, company, or corporation shall run, manage, operate, or
conduct sidewalk sales, business activities or special events of
any nature upon any sidewalk, street, highway, alley, or other
public property within the City, unless such activity is for the
general public welfare and benefit.
[B.M.C. 5.36.070 is unchanged]
.075 INSURANCE REQUIRED. Any person, firm, company,
or corporation receiving a license pursuant to this Chapter shall
provide a certificate of insurance with minimum liability
coverage of $500,000.00 combined single limit bodily injury and
property damage, including products liability if food and/or
beverage vending is part of the special event or public amusement.
The certificate of insurance shall name the City as an additional
insured if the license is for an event held on City property.
5.36.080 is hereby repealed.
5.36.090 is hereby repealed.
5.36.100 is hereby repealed.
SECTION 13: B.M.C. Chapter 5.38, Theaters, is hereby
amended to read as follows:
.010 LICENSE - REQUIRED. It is unlawful for any
person, firm, or corporation to operate a theater in the City
where motion pictures, vaudeville, shows, or other entertainments
open to the public on payment of an entrance fee are regularly
conducted or shown, without obtaining a regulatory license in
addition to a business license.
.020 LICENSE - FEE. The annual license fee to be paid
by the persons, firms, or corporations owning or operating a
theater, as described in §5.38.010, shall be Two Hundred Dollars
($200.00) per year, per theater, the same to become due and
payable on July 1 of each year and prorated on a monthly basis.
5.38.030 is hereby repealed.
5.38.040 is hereby repealed.
5.38.050 is hereby repealed.
5.38.060 is hereby repealed.
SECTION 14: B.M.C. Chapter 5.42, Hotels/Motels, is
hereby amended to read as follows:
[B.M.C. 5.42.010 is unchanged]
.020 LICENSE - REQUIRED. It is unlawful for any
person, as owner, lessor, lessee, manager, or agent to conduct,
19
keep, manage, or operate, or cause to be conducted, managed, or
operated, any hotel in the City without first obtaining a
regulatory license in addition to a business license.
.030 LICENSE - FEE. The fees to be charged for a
license under this Chapter shall be as follows: Twenty-Five
Dollars ($25.00) per year, plus One Dollar ($1.00) per unit per
year for each hotel/motel subject to this Chapter.
5.42.040 is hereby repealed.
.050 LICENSE - APPLICATION. The application for a
hotel/motel license shall state the number of rooms to be used by
the applicant in the conduct of the business and the number of
rooms to be used for sleeping or lodging purposes. The
application shall also state whether the applicant is the owner
or lessee of the premises to be used as a hotel/motel and if he
or she is the lessee, the name and address of the owner. The
application shall also state the name of the person who is to
have the active management of such hotel.
5.42.060 is hereby repealed.
5.42.070 is hereby repealed.
5.42.080 is hereby repealed.
[B.M.C. 5.42.090-.100 are unchanged]
5.42.110 is hereby repealed.
SECTION 15: B.M.C. Chapter 5.46, Liquor Establishments,
is amended to read as follows:
[B.M.C. 5.46.010 is unchanged]
.020 LICENSE FOR MUSIC, DANCING OR ENTERTAINMENT -
REQUIRED. No person, firm or corporation holding a retail
license authorizing the sale of beer, wine, or liquor for
consumption on the premises shall permit upon the licensed
premises any live music, dancing, or live entertainment without
first securing a regulatory license in addition to a business
license.
5.46.030 is hereby repealed.
.040 LICENSE FOR MUSIC, DANCING OR ENTERTAINMENT - FEE.
The fee for such license shall be Two Hundred Dollars ($200.00)
20
per year. Applicant can purchase a license for one month only,
for the sum of Twenty-Five Dollars ($25.00).
[B.M.C. 5.46.050 is unchanged]
5.46.060 is hereby repealed.
5.46.070 is hereby repealed.
5.46.080 is hereby repealed.
[B.M.C. 5.46.090 is unchanged]
5.46.095 is hereby repealed.
[B.M.C. 5.46.100-.150 are unchanged]
5.46.160 is hereby repealed.
SECTION 16: B.M.C. Chapter 5.50, Ambulances, is hereby
amended to read as follows:
[B.M.C. 5.50.010 is unchanged]
.020 LICENSE REQUIRED. (a) No person shall operate an
ambulance or ambulance service without first obtaining a
regulatory license in addition to a business license.
(b) No such license shall be issued unless:
i. The applicant has fulfilled all the requirements
of the laws of the state including, but not limited to,
RCW Chapter 18.73 and WAC Chapter 248-17, as those chapters
currently exist or are hereafter amended, pertaining to
emergency medical care and transportation services and
ambulance rules and regulations;
ii. The applicant has met all the requirements of this
chapter, including standards and regulations recommended
by the advisory committee and approved by the City Council
pursuant to this chapter;
iii. All personnel employed by the applicant shall be
licensed by the City to operate the ambulances of the
applicant, provided, that.a temporary license shall be
issued to any otherwise qualified ambulance operator for a
thirty (30) day period until a permanent license can be
issued.
.030 LICENSE APPLICATION. If all the requirements of
this Chapter and Chapter 5.03 and all standards and regulations
adopted pursuant to this Chapter have been met, the license
application shall be approved and the Clerk shall issue the
license. The application shall contain the following
information:
1. A description of each ambulance including the make,
model, year of manufacture, motor and chassis number, together
with current state license number; the length of time the
ambulance has been in use and the color scheme, insignia, name,
monogram, or other distinguishing characteristics to be used to
designate applicant's ambulance.
2. The location and description of the place or places from
which the ambulance service is intended to operate and the number
of licensed medical attendants to be initially employed.
3. In the event that applicant is granted a license, the
applicant shall be required to immediately update its application
when there is a change in any of the informational items listed
on the application. The failure of the license holder to update
its application upon a change in any of the required items will
result in a violation of this Chapter.
.040 LICENSE STANDARDS - INSURANCE. (a) No ambulance
operator's license shall be issued, nor shall such license be
valid after issuance nor any ambulance be operated in the City
unless the operator shall deposit with the City Clerk a
certificate of insurance evidencing comprehensive general
liability, auto liability, and malpractice insurance issued by a
responsible insurance company to be approved by the City, and
naming the City as an additional insured.
The limits of the policy shall be not less than
$1,000,000.00.
(b) The insurance certificate shall be submitted to the City
Clerk for approval prior to the issuance of each ambulance
license. Satisfactory evidence that such insurance is at all
times in full force and effect shall be furnished to the City
Clerk, in such form as s/he may specify, by all licensees
required to provide such insurance under the terms of this
Chapter.
22
(c) Every insurance policy required under this Section shall
extend for the period to be covered by the license applied for
and the insurer shall be obliged to give not less than thirty
(30) days written notice to the City Clerk and to the insured
before any cancellation or termination of the policy earlier than
its expiration date, and the cancellation or other termination of
any such policy shall automatically revoke and terminate any
license issued for the ambulances covered by such policy, unless
a substitute insurance policy complying with the provisions of
this section shall be provided and be in effect at or prior to
the time of such cancellation or termination.
[B.M.C. 5.50.050-.070 are unchanged]
5.50.080 is hereby repealed.
[B.M.C. 5.50.090-.120 are unchanged]
SECTION 17: B.M.C. Chapter 5.54, Carrying Passengers
for Hire, is hereby amended to read as follows:
Taxicabs
.010 - Definitions. The following words and phrases
when used in this Chapter have the meanings as set out herein:
1. "Cruising" means the driving of a taxicab on the
streets, alleys, or public places of the City of Bremerton in
search of, or solicitation of prospective passengers for hire.
2. "Holder" means a person to whom a taxicab driver's
permit has been issued.
3. "License" means that permission granted by the City
Council and issued by the City Clerk authorizing the holder
thereof to conduct a taxicab business in the City of Bremerton.
4. "Manifest" means a daily record prepared by a taxicab
driver of all trips made by said driver showing time and place of
origin, destination, number of passengers, and the amount of fare
of each trip.
5. "Taxicab" means a motor vehicle regularly engaged in the
business of carrying passengers for hire, having a mileage meter
for determining fare, and not operated on a fixed route.
23
6. "Taxicab driver's permit" means the permission granted
by the City of Bremerton to a person to drive a taxicab upon the
streets of the City of Bremerton.
7. "Taxi loading zone" means a public place alongside the
curb of a street or elsewhere in the City of Bremerton which has
been designated by the City Council, as reserved exclusively for
the use of taxicabs.
8. "Rate card" means a card authorized by the City Clerk
for display in each taxicab which contains the rates or fare then
in force.
9. "Sightseeing car" means and includes every motor vehicle
having a seating capacity of seven or more passengers, used
exclusively for sightseeing purposes, over a fixed or defined
route of travel, and charging a sum certain for each trip.
.020 LICENSE REQUIRED. No person shall operate or
permit a taxicab owned or controlled by him to be operated as a
vehicle for hire upon the streets of the City without first
having obtained a regulatory license, in addition to a business
license.
5.54.030 is hereby repealed.
.040 APPLICATION FOR LICENSE. The application shall
be verified under oath and shall furnish the following
information:
1. The financial status of the applicant, including
financial information, financial statements and the amounts of
all unpaid judgments against the applicant, and the nature of the
transaction or acts giving rise to such judgment.
2. The experience of the applicant in the transportation of
passengers.
3. The year, make, and number of vehicles to be operated or
controlled by the applicant and the location of proposed depots
and terminals.
4. The color scheme and insignia to be used to designate
the vehicle or vehicles of the applicant.
5. Such further information as the Chief of Police may
require.
24
6. The financial responsibility of the applicant.
7. The type and condition of equipment proposed to be
opera ted.
5.54.050 is hereby repealed.
.060 ISSUANCE OF LICENSE. If the City Clerk is
satisfied with the type and condition of equipment proposed to be
operated, the applicant's financial responsibility, fitness to
perform such public transportation, ability to conform to the
provisions of this Chapter, and the rules promulgated by the City
Clerk, the City Clerk shall issue a license. The license shall
state the name and address of the applicant, the description of
the vehicle authorized under the license, and the date of
issuance. Each license must be displayed in the corresponding
vehicle at all times.
.070 LIABILITY INSURANCE REQUIRED. No license shall
be issued or continued in operation unless there is in full force
and effect a liability insurance policy issued by an insurance
company authorized to do business in the state of Washington.
Sa£d policy shall provide for each vehicle authorized, in the
minimum amount of $300,000.00 for bodily injury and property
damage resulting from any one accident. Said insurance shall
inure to the benefit of any person who was injured or who
sustains damage to property proximately caused by the negligence
of the holder, his servants, or agents. A certificate of
insurance naming the City as additional insured shall be filed
and kept current in the office of the City Clerk prior to the
granting of the license.
[B.M.C. 5.54.080 is unchanged]
5.54.090 is hereby repealed.
5.54.100 is hereby repealed.
[B.M.C. 5.54.110 is unchanged]
.120 APPLICATION FOR TAXICAB DRIVER'S PERMIT. The
application shall be verified under oath and shall contain the
following information:
1. A copy of the applicant's driving record;
2. A concise history of his employment; and
25
3. Pictures and fingerprints.
At the time the application is filed, the applicant shall
pay to the Treasurer the sum of Twenty-Five Dollars ($25.00)
which sum shall be retained by the Treasurer, whether a license
is issued or refused.
.130 EXAMINATION OF APPLICANT. Before any taxicab
driver's permit is granted, the applicant shall show that he has
a current motor vehicle operator's permit issued by the state of
Washington and shall pass such driver's examination as required.
5.54.140 is hereby repealed.
5.54.150 is hereby repealed.
.160 ISSUANCE OF TAXICAB DRIVER'S PERMIT - DURATION -
FEE. Upon approval of an application as hereinabove provided for
a taxicab driver's permit, the City Clerk shall issue a permit to
the applicant, which permit shall bear the name, address, age,
signature and photograph of the applicant. Such permit shall be
in effect for the remainder of the regulatory license year.
A permit for every license year thereafter shall be issued
upon the payment of Twenty-Five Dollars ($25.00) and must be paid
within thirty (30) days of the expiration of the license year.
Such renewal, however, shall not be granted unless the permit for
the preceding year has not been revoked.
[B.M.C. 5.54.170 is unchanged]
.180 GROUNDS FOR DENIAL, SUSPENSION OR REVOCATION OF
DRIVER'S PERMIT. If any applicant or licensee hereunder has been
convicted of a criminal violation of federal, state, or local
laws regulating operation of motor vehicles or involving the use
of motor vehicles within the last five (5) years, then the permit
may be denied or subject to suspension or revocation.
5.54.185 is hereby repealed.
[B.M.C. 5.54.190-.200 are unchanged]
.210 TAXICAB METER RATES. The City council finds that
the taxicab business and the rates charged by taxi operators
affects the City's economic livelihood and the public interest.
In recognition therefore, the City Council shall proscribe rates
for taxicab meters by Resolution.
26
[B.M.C. 5.54.220-.350 are unchanged]
SECTION 18: B.M.C. Chapter 5.68, Special Police
Officers, is hereby amended to read as follows:
Security Officers
.010 DEFINITIONS. "Security officer" as used in this
Chapter means any person acting as a private detective, security
guard, or any person engaged in any occupation the purpose of
which is to afford private protection services.
.020 EXCLUSIONS. Nothing in this Chapter shall apply
to any person, firm or corporation whose business is the
furnishing of information as to the business and financial
standing and credit of persons, firms, or corporations, nor to
any person, firms, or corporations inquiring as to the personal
habits and financial responsibilities of applicants for
insurance, indemnity bonds, commercial credit, or of claimants
under insurance policies.
.030 BADGE - UNLAWFUL WEARING. It is unlawful for any
person, unless he is a duly and regularly appointed and acting
security officer under the provisions of this Chapter, to wear or
carry upon his person or to possess a security officer's badge or
similar insignia or thing in imitation or similitude thereof, or
to wear the uniform of a security officer or any similitude
thereof, or to act or serve as a security officer.
.040 LICENSE APPLICATION. Each application shall
i nc lude:
1. A list of three character references;
2. A request, where applicable, from the applicant's
prospective employer to the Chief of Police requesting that the
applicant be issued a security officer's license.
3. A picture, physical profile and fingerprints of the
applicant;
4. A true home address and telephone number that is kept
cur rent;
5. Submit proposed uniforms to the Chief of Police for
approval.
5.68.050 is hereby repealed.
.060 BADGE - ISSUANCE. Security officers' badges
shall be stamped "special," or of such wording and shape as
approved by the Chief of Police, and shall be of such a different
shape and design from the official police officers' badges as to
be readily distinguishable. The badge must be worn on the
security guard's person at all times while performing the duties
of a security officer.
Security officers' badges shall be authorized by the Chief
of Police and only to those persons who have secured licenses as
provided in this Chapter and who have paid all deposits and
license fees required by licensing ordinances, and posted proof
of liability insurance as required by this Chapter; provided,
that certain agencies who desire to furnish their employees with
a special badge may furnish such badge only after the wording on
the badge, the shape and design have been approved by the Chief
of Pol ice.
.070 LICENSE FEE. A license fee of Twenty-Five
Dollars ($25.00) shall be required of all applicants under this
Chapter. Once issued, a license may be renewed from year to year
for a renewal fee of Twenty-Five Dollars ($9~5.00).
.080 INSURANCE REQUIRED. Comprehensive general
liability insurance shall be maintained in the minimum amount of
$500,000.00 for every person holding a license under this Chapter.
A copy of certificate of insurance shall be filed and kept
current with the City Clerk.
5.68.090 is hereby repealed.
.095 DENIAL OF APPOINTMENT. Conviction of a felony or
misdemeanor or gross misdemeanor involving moral turpitude may be
grounds for denial of an application and suspension or revocation
of a license.
.100 VIOLATION - PENALTY. The violation or failure to
comply with any of the provisions of this Chapter constitutes a
mis demeanor.
SECTION 19: B.M.C. Chapter 5.76, Advertisinq Matter, is
hereby amended to read as follows:
28
.010 LICENSE - REQUIRED. It is unlawful for any
person to engage in the business of distributing advertising
matter without first obtaining a regulatory license in addition
to a business license. This includes, but is not limited to,
circulars, handbills, doorknockers, business cards, samples, and
other advertising matter in the City.
.020 LICENSE - FEE. The license fee for an
advertising license is fixed at One Hundred Fifty Dollars
($150.00) per year.
[B.M.C. 5.76.030 is unchanged]
5.76.040 is hereby repealed.
5.76.050 is hereby repealed.
[B.M.C. 5.76.060-.080 are unchanged]
5.76.090 is hereby repealed.
SECTION 20: B.M.C. Chapter 5.84, Sound Equipment, is
hereby repealed in its entirety.
SECTION 21: B.M.C. Chapter 5.92, Massage Parlors and
Related Businesses, is hereby amended to read as follows:
· 010 DEFINITIONS -
Unless the context of the section requires otherwise, the
following terms will have these meanings:
1. ""Massagist" is a masseur or masseuse who practices
massage or holds him/herself out as practicing massage for, or in
expectation of, any fee, compensation, or monetary consideration.
2. "Massage" means the rubbing, stroking, tapping,
pounding, kneading, rolling, vibrating, manipulating, or
stimulating the external parts of the human body of another with
the hands, or by any other instrument. The term "massage," as
used herein includes the use, in connection with massage
treatment, of such appliances, equipment, and aids as heat lamps,
electric cabinets designed to produce heat, steam baths given by
cabinet or any other method, mineral baths either as complete or
partial baths, baths by tub or shower or otherwise, baths
administered hot or cold using water, natural mineral water, a
formula, or other liquid.
29
Manipulation of the human body exclusively in the course of
the practice of medicine, surgery, osteopathy, chiropractic,
dentistry, nursing, physical therapy, optometry, cosmetology, or
under prescription of a licensed physician, or where a massage
therapist is working in conjunction with a licensed physician
and/or chiropractor and is also sharing office space at the same
premises with a licensed physician and/or chiropractor or where a
massage therapist operates in a health studio, shall be excluded
from the application of this Chapter.
3. "Massage parlor" is any place within the City of
Bremerton where massages are given or furnished for, or in
expectation of, any fee, compensation, or monetary consideration.
4. "Public bathhouse" is any place within the City of
Bremerton where baths or facilities for baths of any kind
whatsoever are furnished for, or in expectation of, any fee,
compensation, or monetary consideration including, but not
limited to, Finnish baths, Russian baths, Swedish baths, Turkish
baths, sauna baths, baths by hot air, steam, vapor, water or
electric cabinet. For purposes of this Chapter, every reference
to "massage parlor" shall include "public bathhouse."
5. "Person" includes any individual, firm, partnership,
association, corporation, company, or organization of any kind.
6. "Owner" is the person, or persons, listed on the
application for a massage parlor business license.
7. "Patron" is any person who receives a massage under such
circumstances that it is reasonably expected that he or she will
pay money or give other consideration or gratuity therefor.
8. "Health studio" includes any person or entity primarily
engaged in the sale of instruction, training, assistance, or use
of facilities which purports to assist patrons to improve their
physical condition or appearance through physical exercise, body
building or weight loss.
.020 MASSAGE PARLOR REGULATORY LICENSE - No person may
operate, maintain, or conduct a massage parlor or public
bathhouse unless that person has a valid massage parlor
regulatory license issued by the City of Bremerton pursuant to
30
the provisions of this Chapter and Chapter 5.03. This is in
addition to a City business license.
.030 MASSAGISTS LICENSE. No person may perform a
massage for compensation unless that person has a valid
massagist's regulatory license issued by the City of Bremerton
pursuant to the provisions of this Chapter and Chapter 5.03.
.040 APPLICATION FOR MASSAGE PARLOR REGULATORY LICENSE
- CONTENTS - LICENSE FEE- INSURANCE REQUIREMENTS- RENEWAL
REQ U I R EMENT S.
1. Any person desiring a massage parlor regulatory license
must file a written application pursuant to Chapter 5.03 and
shall pay an annual license fee of Five Hundred Dollars
($500.00). The person filing such application will also pay,
upon the first application, a Fifty Dollar ($50.00) one time
investigation fee to defray costs associated with verifying the
information contained in the application.
2. The application shall include the following information:
(a) Two photos of the applicant taken by the
Bremerton Police Department;
(b) A complete set of the applicant's fingerprints
taken by the police at the time of the application or
renewal. The cost of fingerprinting shall be borne by the
applicant, in addition to, the license and investigation
fees. The fingerprints shall be kept in the application
file permanently, with a copy to be sent to the Federal
Bureau of Investigation, Identification Bureau; and
(c) The name and current residence address of each
massagist who is, or will be, employed in the establishment.
3. Before a massage parlor regulatory license is issued,
the applicant must obtain comprehensive general liability
insurance in the amount of $500,000.00 for the business. A
certificate of insurance shall be provided by the applicant and
kept current.
4. For renewal, each licensee must reapply using original
application procedures and requirements.
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.050 MASSAGE PARLOR REGULATORY LICENSES - ISSUANCE -
GROUNDS FOR DENIAL. The City Clerk shall issue a massage parlor
regulatory license to the applicant if all application
requirements of this Chapter and Chapter 5.03 are met; provided,
the City Clerk may deny an application if:
1. The applicant, or other person principally in charge of
the operation of the business, has been convicted of any of the
following offenses within five (5) years prior to the date of
application:
(a) An offense involving lewd conduct or
prostitution on the premises of a massage parlor; or
(b) An offense involving bribery, extortion or
blackmail on the premises of a massage parlor; or
(c) An offense involving felony possession or sales
of controlled substances or alcoholic beverages on the
premises of a massage parlor.
· 060 APPLICATION FOR MASSAGIST LICENSE - CONTENTS -
LICENSE FEE - RENEWAL REQUIREMENTS.
1. Any person desiring a massagist license must file a
written application pursuant to Chapter 5.03 and shall pay an
annual license fee of One Hundred Dollars ($100.00). The person
filing such application will also pay, upon the first
application, a Fifty Dollar ($50.00) one time only investigation
fee to defray costs associated with verifying the information
contained in the application.
2. The application shall include the following additional
information:
(a) Two photos of the applicant taken by the
Bremerton Police Department;
(b) A complete set of the applicant's fingerprints
taken by the police at the time of application or renewal.
The cost of fingerprinting shall be borne by the applicant
in addition to the license and investigation fees. The
fingerprints shall be kept in the application file
permanently, with a copy to be sent to the Federal Bureau
of Investigation, Identification Bureau; and
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(c) Proof that the applicant has a valid massage
practitioner's license issued by the Washington State
Department of Licensing pursuant to Chapter 18.108 RCW.
3. For renewal, each licensee must reapply using original
application procedures and requirements.
.070 MASSAGIST LICENSE - ISSUANCE - GROUNDS FOR DENIAL.
The City Clerk shall issue a massagist license to the applicant
if all application requirements of this Chapter and Chapter 5.03
are met; provided, the City Clerk may deny an application if:
1. The applicant has been convicted of any of the following
offenses within five (5) years prior to the date of application:
(a) An offense involving lewd conduct or
prostitution on the premises of a massage parlor; or
(b) An offense involving bribery, extortion or
blackmail on the premises of a massage parlor; or
(c) An offense involving felony possession or sales
of controlled substances or alcoholic beverages on the
premises of a massage parlor.
2. The applicant does not possess a valid state license to
practice as a massagist.
.080 LICENSE SUSPENSION OR REVOCATION - GROUNDS. In
addition to Chapter 5.03 provisions, the following shall be
grounds for suspension or revocation of a massage parlor
regulatory license or massagist license:
1. The licensee has been convicted of:
(a) An offense involving lewd conduct or
prostitution on the premises of a massage parlor; or
(b) An offense involving bribery, extortion or
blackmail on the premises of a massage parlor; or
(c) An offense involving felony possession or sales
of controlled substances or alcoholic beverages on the
premises of a massage parlor.
.090 UNLAWFUL ACTS.
1. It shall be unlawful for any licensee and/or any person
owning, operating, managing, or in charge of a massage parlor to
allow, permit, or encourage:
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(a) Any person under the age of 18 on the premises.
(b) Lewd conduct or acts of prostitution on the
premises.
(c) Any person to remain on the premises who is under
the influence of intoxicating beverages or controlled
substances.
(d) Consumption of controlled substances or alcoholic
beverages.
(e) Any employee or individual who is not licensed
under the provisions of this Chapter to attend patrons or
accompany patrons into massage rooms.
2. It shall be unlawful for any licensee and/or any person
owning, operating, managing, or in charge of an establishment
required to be licensed under this Chapter:
(a) To conduct or operate a massage parlor not
licensed pursuant to this Chapter.
(b) To advertise the giving of massage treatments
or public baths in an establishment not licensed
pursuant to this Chapter or by any person not qualified
pursuant to this Chapter.
(c) To employ any person to act as a massagist who
does not have a valid massagist license issued by the
City pursuant to this Chapter.
(d) To employ any person under the age of 18 years.
(e) To permit the massage parlor business to be
open to the public unless there is on the premises at all
times at least one licensed massagist.
(f) To conduct upon the premises any other business
than the one licensed hereunder.
3. It shall be unlawful for any entry or exit door to a
massage parlor business to be locked during those hours when the
business is open to the public, or advertised as open, or when a
patron or person other than an employee is within the premises.
Violation of this subsection is chargeable against the massage
parlor regulatory licensee or licensed massagist employed at the
massage parlor business at the time of the violation, or both.
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4. It shall be unlawful for any person to enter or remain
on the premises of a massage parlor who:
(a) Is under the age of 18 years.
(b) Is under the influence of alcoholic beverages
or controlled substances.
(c) Has been convicted of violations of the
licensing provisions of this Chapter or Chapter 5.03,
unless said person has an effective and current license.
5. It shall be unlawful for any person who is not licensed
as a massagist under the provisions of this Chapter to attend
patrons or accompany patrons into massage rooms.
.100 OPERATING REQUIREMENTS. It shall be the duty of
the licensee and/or any person owning, operating, or managing
such establishment to meet the following operating requirements:
1. Each licensed massage parlor business shall, during the
license term, keep prominently posted in a location of public
view a list of all services offered with a description of such
services and the price rate for each service. All such business
transactions shall thereupon be conducted in accordance with such
representations.
2. The licensee and/or the person owning, operating,
managing, or in charge of any massage parlor business licensed
pursuant to this Chapter shall keep a daily record of all
services given at such establishment. Such record shall include
the following information:
(a) Date of service;
(b) Time of service;
(c) Type of service rendered;
(d) Name and license number of massagist actually
rendering such services; and
(e) Amount of money paid by each patron for the
services, including gratuities.
3. The licensee and/or the person owning, operating,
managing, or in charge of any establishment licensed pursuant to
this Chapter shall maintain a register of all persons employed
35
and/or using the establishment at any time as massagists and
their license numbers.
4. The records required in this Section shall be retained
for a period of five (5) years.
5. The records required to be kept by this Section shall at
all times during the retention period be present on the premises
of the licensed establishment. Such records shall be open to
inspection as provided by Section 5 .92.110.
· 110 INSPECTION.
1. Purpose - Inspections of facilities required to be
licensed under this Chapter shall be conducted for the purpose of
determining compliance with the requirements of this Chapter and
Chapter 5.03.
2. Time - The authorities listed in subsection 4. may visit
and inspect the premises of an establishment any time it is open
for business.
3. Place - The inspection, as limited by subsection 1.
shall include the premises in or about the establishment that are
open to the public and in any area in which patrons may undergo
massage treatment or baths upon notice. Refusal to permit
inspection for the purposes set forth below shall be grounds for
suspension or revocation of a massage parlor regulatory license
and/or massagist's license.
4. Authorities - The following authorities are authorized
to conduct inspections as required by this Section. In each
case, an authorized representative or agent may act on their
behalf.
i. City Building Official.
ii. Bremerton/Kitsap County Health Department Official.
iii. Fire Chief.
iv. City law enforcement personnel.
v. City Clerk
5. Inspection of Massage Parlor Premises - Scope. Such
inspection shall be limited to the following purposes:
(a) To ascertain whether or not all massagists working
on the massage parlor business premises possess the
36
proper licensing.
(b) To ascertain whether or not the facilities
standards requirements of Chapter 5.03 are met.
(c) To ascertain whether or not the operating
requirements of this Chapter are met.
(d) To inspect the records required to be kept under
this Chapter to determine whether or not proper accounting
is being made for business tax purposes as required under
B.M.C. 5.02.250.
(e) To inspect the records required to be maintained
by this Chapter for good cause shown.
(f) To ascertain whether the provisions of B.M.C.
5.92.090 are being complied with.
.120 PENALTY FOR VIOLATION. Any person violating
5.92.040(3) or 5.92.100 of this Chapter shall be deemed guilty of
a civil infraction. All other violations of this Chapter shall
be deemed misdemeanors.
SECTION 22: B.M.C. Chapter 5.96, Erotic Dance Studios,
is hereby amended to read as follows:
[B.M.C. 5.96.010-.030 are unchanged]
.040 CERTAIN ACTIVITIES PROHIBITED. No person shall
perform lewd acts as defined in RCW 9A.14.070.
.050 LICENSE- REQUIRED. It shall be unlawful to
operate, maintain, or manage an erotic dance studio without first
obtaining a regulatory license from the City in addition to a
business license.
.060 LICENSE - FEE - RENEWAL. The fee for an erotic
dance studio license is $500.00 per year. In order to renew, the
licensee shall reapply using application procedures and
requirements set forth in Chapter 5.03.
.070 DANCER'S LICENSE - REQUIRED. No person shall
dance at an erotic dance studio without obtaining a dancer's
license issued by the City.
.080 DANCER'S LICENSE - FEE - TERMS - RENEWAL. The
fee for a dancer's license shall be $50.00 per year. A dancer's
license shall entitle a dancer to dance only at the business
37
indicated on the license. In order to renew, the licensee shall
reapply using application procedures and requirements set forth
in Chapter 5.03.
5.96.090 is hereby repealed.
[B.M.C. 5.96.100-.110 are unchanged]
5.96.120 is hereby repealed.
.130 VIOLATION- PENALTY. Any person, firm, or
corporation violating any provision of this Chapter shall be
guilty of a misdemeanor.
SECTION 23: B.M.C. 5.98, Shuttlebus and Limousine
Services is hereby amended to read as follows:
.010 DEFINITIONS. In construing the provisions of this
Chapter, except when otherwise declared or clearly apparent from
the context, the following definitions shall be applied:
(a) "Shuttlebus" means any vehicle designed to carry five
passengers or more from one destination to another, over an
established route, for a fixed fee. The use of the shuttlebus
may be by prearranged group tour or by pickup at the reserved
shuttle parking space(s).
(b) "Limousine" means a motor vehicle and driver hired for a
set period of time at an hourly or fixed rate.
.020 LICENSE - REQUIRED. No person shall operate a
shuttle bus or limousine service in the City without first having
obtained a regulatory license, in addition to a business license.
[B.M.C. 5.98.030 is unchanged]
.040 LICENSE- ISSUANCE. The City Clerk shall not
grant such application without first considering parking
arrangements for the shuttle bus(es) and designating an
appropriate amount of parking spaces. The limousine operator
shall not receive designated parking. The City Clerk shall issue
a license stating the name and addresses of the applicant, the
description of the vehicle(s) authorized under the license, the
designated parking spaces, if a shuttle service, and the date of
issuance.
The Police Department shall inspect limousines on the
complaint of any citizen or from time to time as it may deem
38
necessary. The limousine license shall be displayed at all times
in the passenger's compartment of the vehicle.
.050 LICENSE - FEE. No license shall be issued or
continued in operation unless the holder thereof has paid an
annual license fee of One Hundred Dollars ($100.00) each year,
for each vehicle operated under the license; provided, however,
that payment of the license fee entitles the shuttle bus operator
to designated parking and he shall not be liable for any other
parking fee.
.060 INSURANCE REQUIRED. A certificate of insuance
naming the City as additional insured shall be provided before
license issuance and subsequently kept current. The minimum auto
liability coverage must be $300,000.00 combined single limit
bodily injury and property damage.
5.98.070 is hereby repealed.
SECTION 24: A new section, B.M.C. 5.99, Violation -
Penalty, is hereby created to read as follows:
.010 VIOLATION - PENALTY. Any violation or failure to
comply with any provision of this Title shall be an infraction
and subject to the provisions of B.M.C. 1.12, unless another
violation and penalty are specified.
APPROVED by the City Council on the first reading this
PASSED by the City Council of the City of Bremerton this
HANK ~AIBEL
President, City Council
APPROVED this ~- / day of ~_;~ .- . ~ , 1988.
ATTEST:
KATHLEEN L. McCLUSKEY, Clerk
39