HomeMy WebLinkAbout25 bremerton0118_supp25SUPPLEMENT DIRECTIONS
BREMERTON MUNICIPAL CODE
Supplement No. 25 – January 2018
New, reprinted pages included with this supplement are listed by title and page number in the right-hand
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Title 2
2.15-1 ....................................................................... 2.15-1
Title 3
3.48-1 – 3.48-12 ................................... 3.48-1 – 3.48-12.1
3.50-1 – 3.50-3 .......................................... 3.50-1 – 3.50-3
3.72-1 – 3.72-4 .......................................... 3.72-1 – 3.72-4
3.74-1 – 3.74-2 .......................................... 3.74-1 – 3.74-2
3.82-1 – 3.82-2 .......................................... 3.82-1 – 3.82-2
3.86-1 – 3.86-2 .......................................... 3.86-1 – 3.86-2
Title 5
5.02-1 – 5.02-2 ....................................... 5.02-1 – 5.02-2.1
5.03-1 – 5.03-3 .......................................... 5.03-1 – 5.03-3
5.08-1 – 5.08-3 .......................................... 5.08-1 – 5.08-3
5.16-1 – 5.16-2 .......................................... 5.16-1 – 5.16-2
5.17-1 – 5.17-2 .......................................... 5.17-1 – 5.17-2
5.22-1 ....................................................................... 5.22-1
5.36-1 ....................................................................... 5.36-1
5.96-1 – 5.96-2 .......................................... 5.96-1 – 5.96-2
Title 7
7.08-1 – 7.08-3 .......................................... 7.08-1 – 7.08-3
Title 11
11.08-1 – 11.08-3 .................................. 11.08-1 – 11.08-3
Title 13
13.04-1 – 13.04-3 .................................. 13.04-1 – 13.04-3
Title 17
17.04-1 – 17.04-4 ................................ 17.04-1 – 17.04-4a
Title 20
20.46-1 – 20.46-2 ............................... 20.46-1 – 20.46-2.1
(Revised 1/18)
Updated by: _______
Dated: ____________
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Tables
11 – 12 ................................................................... 11 – 12
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(Revised 1/18)
2.15-1 (Revised 1/18)
Chapter 2.15
DEPARTMENT OF COMMUNITY
DEVELOPMENT
Sections:
2.15.010 DEPARTMENT CREATED.
2.15.020 DEPARTMENT OF
COMMUNITY DEVELOPMENT
- POSITION CREATED AND
APPOINTMENT.
2.15.030 DUTIES.
2.15.040 COMMUNITY
EMPOWERMENT ZONE
ADMINISTRATOR.
2.15.050 REFERENCE.
2.15.010 DEPARTMENT CREATED.
There is hereby created the Department of Commu-
nity Development to be administered by the Director of
Community Development. (Ord. 4810, Amended,
09/14/2002; Ord. 4719, Amended, 09/14/2000; Ord.
4151 §1, 1988)
2.15.020 DIRECTOR OF COMMUNITY
DEVELOPMENT - POSITION
CREATED AND APPOINTMENT.
There is hereby created the position known as the
Director of Community Development. The Director of
Community Development shall be appointed by the
Mayor, subject to confirmation of the City Council, on
the basis of professional experience, education and
demonstrated knowledge of accepted practices relating
to the duties of the department. (Ord. 4810, Added,
09/14/2002)
2.15.030 DUTIES.
The Director of Community Development shall
provide for the operation and administration of the
building and planning functions for the City including,
but not limited to:
(a) Processing and issuance of development per-
mits.
(b) Long range planning, preparation of Compre-
hensive Plan amendments, and development of land use
regulations.
(c) Current planning, providing permit processing,
land use compliance and enforcement including envi-
ronmental and shoreline review.
(d) Administration of federal community develop-
ment grant funds and development of resources and pol-
icies for other community development projects in the
areas of housing, economic development, public facili-
ties, and social service projects.
(e) Processing of tax and license applications.
The Director of Community Development shall
perform such other duties as the City Council or Mayor
may direct or as may be required by law. (Ord. 5343 §1,
2017: Ord. 4810, Amended, 09/14/2002; Ord. 4719,
Amended, 09/14/2000; Ord. 4151 §1, 1988)
2.15.040 COMMUNITY EMPOWERMENT
ZONE ADMINISTRATOR.
The City of Bremerton hereby designates the Direc-
tor of Community Development, or the Director’s des-
ignee, as the Community Empowerment Zone
Administrator for the area designated as a Community
Empowerment Zone within the jurisdiction of the City
of Bremerton. This designation is in fulfillment of the
requirements of RCW 43.31C.070. (Ord. 4810,
Amended, 09/14/2002; Ord. 4787, Added, 01/17/2002)
2.15.050 REFERENCE.
Throughout this code any reference to Department
of Building and Planning or Director of Building and
Planning shall be interpreted to mean Department of
Community Development and Director of Community
Development. (Ord. 4810, Amended, 09/14/2002; Ord.
4719, Added, 09/14/2000)
3.48-1 (Revised 1/18)
Chapter 3.48
BUSINESS AND OCCUPATION TAXES
Sections:
3.48.020 EXERCISE OF REVENUE
LICENSE POWER.
3.48.025 BUSINESS LICENSE -
REQUIRED.
3.48.028 ADMINISTRATIVE
PROVISIONS.
3.48.030 DEFINITIONS.
3.48.040 AGENCY - SALES AND
SERVICES BY AGENT,
CONSIGNEE, BAILEE,
FACTOR OR AUCTIONEER.
3.48.050 IMPOSITION OF THE TAX -
TAX OR FEE LEVIED.
3.48.070 MULTIPLE ACTIVITIES
CREDIT WHEN ACTIVITIES
TAKE PLACE IN ONE (1) OR
MORE CITIES WITH
ELIGIBLE GROSS RECEIPT
TAXES.
3.48.075 DEDUCTIONS TO PREVENT
MULTIPLE TAXATION OF
MANUFACTURING
ACTIVITIES AND PRIOR TO
JANUARY 1, 2008,
TRANSACTIONS INVOLVING
MORE THAN ONE (1) CITY
WITH AN ELIGIBLE GROSS
RECEIPTS TAX.
3.48.076 ASSIGNMENT OF GROSS
INCOME DERIVED FROM
INTANGIBLES.
3.48.077 ALLOCATION AND
APPORTIONMENT OF
INCOME WHEN ACTIVITIES
TAKE PLACE IN MORE THAN
ONE (1) JURISDICTION.
3.48.078 ALLOCATION AND
APPORTIONMENT OF
PRINTING AND PUBLISHING
INCOME WHEN ACTIVITIES
TAKE PLACE IN MORE THAN
ONE (1) JURISDICTION.
3.48.090 EXEMPTIONS.
3.48.100 DEDUCTIONS.
3.48.120 TAX PART OF OVERHEAD.
3.48.125 RULES AND REGULATIONS.
3.48.130 SEVERABILITY CLAUSE.
3.48.020 EXERCISE OF REVENUE
LICENSE POWER.
The provisions of this chapter shall be deemed an
exercise of the power of the City to license and/or tax for
revenue. The provisions of this chapter are subject to
periodic statutory or administrative rule changes or judi-
cial interpretations of the ordinances or rules. The
responsibility rests with the licensee or taxpayer to
reconfirm tax computation procedures and remain in
compliance with the City code. (Ord. 5201 §2 (part),
2012: Ord. 5028 §1 (part), 2007: Ord. 4843, Added,
01/03/2003)
3.48.025 BUSINESS LICENSE - REQUIRED.
It is unlawful for any person to engage in business
in the City without having first obtained a business
license pursuant to Chapter 5.02 BMC. (Ord. 5201 §2
(part), 2012: Ord. 5028 §1 (part), 2007: Ord. 4843,
Added, 01/03/2003)
3.48.028 ADMINISTRATIVE PROVISIONS.
The provisions contained in Chapter 3.86 BMC
shall be fully applicable to the provisions of this chapter
except as expressly stated to the contrary herein. (Ord.
5201 §2 (part), 2012: Ord. 5028 §1 (part), 2007: Ord.
4843, Added, 01/03/2003)
3.48.030 DEFINITIONS.
In construing the provisions of this chapter, the fol-
lowing definitions shall be applied. Words in the singu-
lar number shall include the plural, and the plural shall
include the singular.
(a) Definitions "A":
"Advance," "reimbursement."
(1) "Advance" means money or credits
received by a taxpayer from a customer or client with
which the taxpayer is to pay costs or fees on behalf of
the customer or client.
(2) "Reimbursement" means money or credits
received from a customer or client to repay the taxpayer
for money or credits expended by the taxpayer in pay-
ment of costs or fees of the customer or client.
"Agricultural product" means any product of
plant cultivation or animal husbandry including, but not
limited to: a product of horticulture, grain cultivation,
vermiculture, viticulture, or aquaculture as defined in
RCW 15.85.020; plantation Christmas trees; turf; or any
animal including but not limited to an animal that is a
private sector cultured aquatic product as defined in
RCW 15.85.020, or a bird, or insect, or the substances
obtained from such an animal. "Agricultural product"
does not include animals intended to be pets.
"Artistic or cultural organization." As used in
this chapter:
(1) The term "artistic or cultural organization"
means an organization which is organized and operated
(Revised 1/18)3.48-2
exclusively for the purpose of providing artistic or cul-
tural exhibitions, presentations, or performances or cul-
tural or art education programs, as defined in subsection
(10) of this definition, for viewing or attendance by the
general public.
(2) The organization must be a not-for-profit
corporation under Chapter 24.03 RCW.
(3) The organization must be managed by a
governing board of not less than eight (8) individuals
none of whom is a paid employee of the organization or
by a corporation sole under Chapter 24.12 RCW.
(4) No part of its income may be paid directly
or indirectly to its members, stockholders, officers,
directors, or trustees except in the form of services ren-
dered by the corporation in accordance with its purposes
and bylaws.
(5) Salary or compensation paid to its officers
and executives must be only for actual services ren-
dered, and at levels comparable to the salary or compen-
sation of like positions within the state.
(6) Assets of the corporation must be irrevo-
cably dedicated to the activities for which the exemption
is granted and, on the liquidation, dissolution, or aban-
donment by the corporation, may not inure directly or
indirectly to the benefit of any member or individual
except a nonprofit organization, association, or corpora-
tion which also would be entitled to the exemption.
(7) The corporation must be duly licensed or
certified when licensing or certification is required by
law or regulation.
(8) The amounts received that qualify for
exemption must be used for the activities for which the
exemption is granted.
(9) Services must be available regardless of
race, color, national origin, ancestry, religion, age, sex,
marital status, sexual orientation, Vietnam or disabled
veteran status, or the presence of any mental or physical
disability.
(10)The term "artistic or cultural exhibitions,
presentations, or performances or cultural or art educa-
tion programs" is limited to:
(a) An exhibition or presentation of
works of art or objects of cultural or historical signifi-
cance, such as those commonly displayed in art or his-
tory museums;
(b) A musical or dramatic performance or
series of performances; or
(c) An educational seminar or program,
or series of such programs, offered by the organization
to the general public on an artistic, cultural, or historical
subject.
(b) Definitions "B":
"Business" includes all activities engaged in with
the object of gain, benefit, or advantage to the taxpayer
or to another person or class, directly or indirectly.
"Business and occupation tax" or "gross
receipts tax" means a tax imposed on or measured by
the value of products, the gross income of the business,
or the gross proceeds of sales, as the case may be, and
that is the legal liability of the business.
(c) Definitions "C":
"Cash discount" means a deduction from the
invoiced amount allowed by the seller if the bill is paid
within a certain time period or before a specified date.
"City" means City of Bremerton, Washington.
"Commercial or industrial use" means the fol-
lowing uses of products, including by-products, by the
extractor or manufacturer thereof:
(1) Any use as a consumer;
(2) Any use in the manufacturing of products
including articles, substances or commodities.
"Competitive telephone service" means the pro-
viding by any person of communications equipment or
apparatus, or service related to that equipment or appa-
ratus such as repair or maintenance service, if the equip-
ment or apparatus is of a type which can be provided by
persons that are not subject to regulation as telephone
companies under RCW Title 80 and for which a separate
charge is made.
"Consumer" means the following:
(1) Any person who purchases, acquires,
owns, holds, or uses any tangible or intangible personal
property irrespective of the nature of the person’s busi-
ness and including, among others, without limiting the
scope hereof, persons who install, repair, clean, alter,
improve, construct, or decorate real or personal property
of or for a consumer other than for the purpose of:
(a) Resale as tangible or intangible per-
sonal property in the regular course of business;
(b) Incorporating such property as an
ingredient or component of real or personal property
when installing, repairing, cleaning, altering, imprint-
ing, improving, constructing, or decorating such real or
personal property of or for consumers;
(c) Incorporating such property as an
ingredient or component of a new product or as a chem-
ical used in processing a new product when the primary
purpose of such chemical is to create a chemical reac-
tion directly through contact with an ingredient of a new
product; or
(d) Consuming the property in producing
ferrosilicon which is subsequently used in producing
magnesium for sale, if the primary purpose of such
property is to create a chemical reaction directly through
contact with an ingredient of ferrosilicon;
(2) Any person engaged in any business activ-
ity taxable under BMC 3.48.050(1)(g);
(3) Any person who purchases, acquires, or
uses any competitive telephone service as herein
defined, other than for resale in the regular course of
business;
3.48-3 (Revised 1/18)
(4) Any person who purchases, acquires, or
uses any personal, business, or professional service
defined as a retail sale or retail service in this section
other than for resale in the regular course of business;
(5) Any person who is an end user of soft-
ware;
(6) Any person engaged in the business of
"public road construction" in respect to tangible per-
sonal property when that person incorporates the tangi-
ble personal property as an ingredient or component of
a publicly owned street, place, road, highway, easement,
right-of-way, mass public transportation terminal or
parking facility, bridge, tunnel, or trestle by installing,
placing or spreading the property in or upon the right-of-
way of a publicly owned street, place, road, highway,
easement, bridge, tunnel, or trestle or in or upon the site
of a publicly owned mass public transportation terminal
or parking facility;
(7) Any person who is an owner, lessee or has
the right of possession to or an easement in real property
which is being constructed, repaired, decorated,
improved, or otherwise altered by a person engaged in
business;
(8) Any person who is an owner, lessee, or has
the right of possession to personal property which is
being constructed, repaired, improved, cleaned,
imprinted, or otherwise altered by a person engaged in
business;
(9) Any person engaged in government con-
tracting. Any such person shall be a consumer within the
meaning of this definition in respect to tangible personal
property incorporated into, installed in, or attached to
such building or other structure by such person. Nothing
contained in this or any other subsection of this defini-
tion shall be construed to modify any other definition of
"consumer."
(d) Definitions "D":
"Deficiency" means the amount of tax imposed by
law less any tax reported by the taxpayer on a tax return.
"Delivery" means the transfer of possession of tan-
gible personal property between the seller and the buyer
or the buyer’s representative. Delivery to an employee
of a buyer is considered delivery to the buyer. Transfer
of possession of tangible personal property occurs when
the buyer or the buyer’s representative first takes physi-
cal control of the property or exercises dominion and
control over the property. "Dominion and control"
means the buyer has the ability to put the property to the
buyer’s own purposes. It means the buyer or the buyer’s
representative has made the final decision to accept or
reject the property, and the seller has no further right to
possession of the property and the buyer has no right to
return the property to the seller, other than under a war-
ranty contract. A buyer does not exercise dominion and
control over tangible personal property merely by
arranging for shipment of the property from the seller to
itself. A buyer’s representative is a person, other than an
employee of the buyer, who is authorized in writing by
the buyer to receive tangible personal property and take
dominion and control by making the final decision to
accept or reject the property. Neither a shipping com-
pany nor a seller can serve as a buyer’s representative. It
is immaterial where the contract of sale is negotiated or
where the buyer obtains title to the property. Delivery
terms and other provisions of the Uniform Commercial
Code (RCW Title 62A) do not determine when or where
delivery of tangible personal property occurs for pur-
poses of taxation.
"Department" means the Department of Commu-
nity Development unless otherwise noted.
"Digital automated service," "digital code," and
"digital goods" have the same meaning as in RCW
82.04.192.
"Digital products" means digital goods, digital
codes, digital automated services, and the services
described in RCW 82.04.050(2)(g) and (6)(b).
"Director" means the Director of Community
Development of the City or any officer, agent or
employee of the City designated to act on the Director’s
behalf.
(e) Definitions "E":
"Eligible gross receipts tax" means a tax which:
(1) Is imposed on the act or privilege of
engaging in business activities within BMC 3.48.050;
and
(2) Is measured by the gross volume of busi-
ness, in terms of gross receipts and is not an income tax
or value added tax; and
(3) Is not, pursuant to law or custom, sepa-
rately stated from the sales price; and
(4) Is not a sales or use tax, business license
fee, franchise fee, royalty or severance tax measured by
volume or weight, or concession charge, or payment for
the use and enjoyment of property, property right or a
privilege; and
(5) Is a tax imposed by a local jurisdiction,
whether within or without the State of Washington, and
not by a country, state, province, or any other nonlocal
jurisdiction above the county level.
"Engaging in business," "nexus."
(1) The term "engaging in business" means
commencing, conducting, or continuing in business, and
also the exercise of corporate or franchise powers, as
well as liquidating a business when the liquidators
thereof hold themselves out to the public as conducting
such business.
(2) This section sets forth examples of activi-
ties that constitute engaging in business in the City, and
establishes safe harbors for certain of those activities so
that a person who meets the criteria may engage in de
minimis business activities in the City without having to
register and obtain a business license or pay City busi-
(Revised 1/18)3.48-4
ness and occupation taxes. The activities listed in this
section are illustrative only and are not intended to nar-
row the definition of "engaging in business" in subsec-
tion (1) of this definition. If an activity is not listed,
whether it constitutes engaging in business in the City
shall be determined by considering all the facts and cir-
cumstances and applicable law.
(3) Without being all inclusive, any one (1) of
the following activities conducted within the City by a
person, or its employee, agent, representative, indepen-
dent contractor, broker or another acting on its behalf
constitutes engaging in business and requires a person to
register and obtain a business license pursuant to Chap-
ter 5.02 BMC.
(a) Owning, renting, leasing, maintain-
ing, or having the right to use, or using, tangible per-
sonal property, intangible personal property, or real
property permanently or temporarily located in the City.
(b) Owning, renting, leasing, using, or
maintaining an office, place of business, or other estab-
lishment in the City.
(c) Soliciting sales.
(d) Making repairs or providing mainte-
nance or service to real or tangible personal property,
including warranty work and property maintenance.
(e) Providing technical assistance or ser-
vice, including quality control, product inspections,
warranty work, or similar services on or in connection
with tangible personal property sold by the person or on
its behalf.
(f) Installing, constructing, or supervis-
ing installation or construction of real or tangible per-
sonal property.
(g) Soliciting, negotiating, or approving
franchise, license, or other similar agreements.
(h) Collecting current or delinquent
accounts.
(i) Picking up and transporting tangible
personal property, solid waste, construction debris, or
excavated materials.
(j) Providing disinfecting and pest con-
trol services, employment and labor pool services, home
nursing care, janitorial services, appraising, landscape
architectural services, security system services, survey-
ing, and real estate services including the listing of
homes and managing real property.
(k) Rendering professional services such
as those provided by accountants, architects, attorneys,
auctioneers, consultants, engineers, professional ath-
letes, barbers, baseball clubs and other sports organiza-
tions, chemists, psychologists, court reporters, dentists,
doctors, detectives, laboratory operators, teachers, and
veterinarians.
(l) Meeting with customers or potential
customers, even when no sales or orders are solicited at
the meetings.
(m) Training or recruiting employees,
agents, representatives, independent contractors, bro-
kers or others, domiciled or operating on a job in the
City, acting on its behalf, or for customers or potential
customers.
(n) Investigating, resolving, or otherwise
assisting in resolving customer complaints.
(o) In-store stocking or manipulating
products or goods, sold to and owned by a customer,
regardless of where sale and delivery of the goods took
place.
(p) Except as provided in subsection (5)
of this definition, delivering goods in vehicles owned,
rented, leased, used, or maintained by the person or
another acting on its behalf.
(4) Not Engaging in Business. If a person, or
its employee, agent, representative, independent con-
tractor, broker or another acting on the person’s behalf,
engages in no other activities in or with the City but the
following, that person is not engaging in business and
therefore is not required to register and obtain a City
business license pursuant to Chapter 5.02 BMC or pay
City business and occupation taxes pursuant to this
chapter:
(a) Meeting with suppliers of goods and
services as a customer.
(b) Meeting with government representa-
tives in their official capacity, other than those perform-
ing contracting or purchasing functions.
(c) Attending meetings, such as board
meetings, retreats, seminars, and conferences, or other
meetings wherein the person does not provide training
in connection with tangible personal property sold by
the person or on its behalf.
(d) Renting tangible or intangible prop-
erty as a customer when the property is not used in the
City.
(e) Attending, but not participating in, a
trade show or multiple vendor events. Persons partici-
pating at a trade show shall review the City’s trade show
or multiple vendor event ordinances.
(f) Conducting advertising through the
mail.
(g) Soliciting sales by phone from a loca-
tion outside the City.
(h) Providing language interpretive ser-
vices to the Bremerton Municipal Court.
(5) A business located outside the City merely
delivering goods into the City by common carrier or
other means, including use of its own vehicles, is not
required to register and obtain a business license; pro-
vided, that it engages in no other business activities in
the City. Such business activities do not include those in
subsection (4) of this definition.
(6) "Nexus." A person has created nexus with
the City if, whether by itself or by its employees, agents,
3.48-5 (Revised 1/18)
representatives, independent contractors, brokers or oth-
ers acting on its behalf, it:
(a) Is physically present in the City;
(b) Endeavors to maintain a share of the
market within the City; or
(c) Avails itself of the economic benefits
of the City.
The City expressly intends that engaging in
business includes any activity sufficient to establish
nexus for purposes of applying the tax under the law and
the Constitutions of the United States and the State of
Washington. Nexus is presumed to continue as long as
the taxpayer benefits from the activity that constituted
the original nexus-generating contact or subsequent
contacts.
"Extracting" is the activity engaged in by an
extractor and is reportable under the extracting classifi-
cation.
"Extractor" means every person who from the
person’s own land or from the land of another under a
right or license granted by lease or contract, either
directly or by contracting with others for the necessary
labor or mechanical services, for sale or for commercial
or industrial use, mines, quarries, takes or produces coal,
oil, natural gas, ore, stone, sand, gravel, clay, mineral or
other natural resource product; or fells, cuts or takes tim-
ber, Christmas trees, other than plantation Christmas
trees, or other natural products; or takes fish, or takes,
cultivates, or raises shellfish, or other sea or inland
water foods or products. "Extractor" does not include
persons performing under contract the necessary labor
or mechanical services for others; persons cultivating or
raising fish entirely within confined rearing areas on the
person’s own land or on land in which the person has a
present right of possession; or persons who fell, cut, or
take plantation Christmas trees from the person’s own
land or from land in which the person has a present right
of possession; or persons meeting the definition of
"farmer."
"Extractor for hire" means a person who per-
forms under contract necessary labor or mechanical ser-
vices for an extractor.
(f) Definitions "F":
"Farmer" means any person engaged in the busi-
ness of growing or producing, upon the person’s own
lands or upon the lands in which the person has a present
right of possession, any agricultural product whatsoever
for sale. "Farmer" does not include a person using such
products as ingredients in a manufacturing process, or a
person growing or producing such products for the per-
son’s own consumption. "Farmer" does not include a
person selling any animal or substance obtained there-
from in connection with the person’s business of operat-
ing a stockyard or a slaughter or packing house.
"Farmer" does not include any person in respect to the
business of taking, cultivating, or raising timber.
(g) Definitions "G":
"Gross income of the business" means the value
proceeding or accruing by reason of the business activ-
ity engaged in and includes gross proceeds of sales,
compensation for the rendition of services, gains real-
ized from trading in stocks, bonds, or other evidences of
indebtedness, interest, discounts, rents, royalties, fees,
commissions, dividends, and other emoluments how-
ever designated, all without any deduction on account of
the cost of tangible property sold, the cost of materials
used, labor costs, interest, discounts, delivery costs,
taxes, or any other expense whatsoever paid or accrued
and without any deduction on account of losses.
"Gross proceeds of sales" means the value pro-
ceeding or accruing from the sale of tangible personal
property, digital goods, digital codes, digital automated
services or for other services rendered, without any
deduction on account of the cost of property sold, the
cost of materials used, labor costs, interest, discounts
paid, delivery costs, taxes, or any other expense whatso-
ever paid or accrued and without any deduction on
account of losses.
(h) Definitions "H": Reserved.
(i) Definitions "I":
"In this City" or "within this City" includes all
federal areas lying within the corporate City limits of the
City.
(j) Definitions "J":
"Janitorial services" shall mean those cleaning
and caretaking services ordinarily performed by com-
mercial janitor service businesses including, but not
limited to, wall and window washing, floor cleaning and
waxing, and the cleaning in place of rugs, drapes and
upholstery. The term does not include painting, paper-
ing, repairing, furnace or septic tank cleaning, snow
removal, sandblasting, or cleanup related to construc-
tion activities.
(k) Definitions "K": Reserved.
(l) Definitions "L": Reserved.
(m) Definitions "M":
"Manufacturer," "to manufacture."
(1) "Manufacturer" means every person who,
either directly or by contracting with others for the nec-
essary labor or mechanical services, manufactures for
sale or for commercial or industrial use from the per-
son’s own materials or ingredients any products. When
the owner of equipment or facilities furnishes, or sells to
the customer prior to manufacture, materials or ingredi-
ents equal to less than twenty (20) percent of the total
value of all materials or ingredients that become a part
of the finished product, the owner of the equipment or
facilities will be deemed to be a processor for hire and
not a manufacturer. A business not located in this City
that is the owner of materials or ingredients processed
for it in this City by a processor for hire shall be deemed
to be engaged in business as a manufacturer in this City.
(Revised 1/18)3.48-6
(2) "To manufacture" means all activities of a
commercial or industrial nature wherein labor or skill is
applied, by hand or machinery, to materials or ingredi-
ents so that as a result thereof a new, different or useful
product is produced for sale or commercial or industrial
use, and shall include:
(a) The production of special-made or
custom-made articles;
(b) The production of dental appliances,
devices, restorations, substitutes, or other dental labora-
tory products by a dental laboratory or dental technician;
(c) Crushing and/or blending of rock,
sand, stone, gravel, or ore; and
(d) The producing of articles for sale, or
for commercial or industrial use from raw materials or
prepared materials by giving such materials, articles,
and substances of trade or commerce new forms, quali-
ties, properties or combinations including, but not lim-
ited to, such activities as making, fabricating,
processing, refining, mixing, slaughtering, packing,
aging, curing, mild curing, preserving, canning, and the
preparing and freezing of fresh fruits and vegetables.
"To manufacture" shall not include the produc-
tion of digital goods or the production of computer soft-
ware if the computer software is delivered from the
seller to the purchaser by means other than tangible stor-
age media, including the delivery by use of a tangible
storage media where the tangible storage media is not
physically transferred to the purchaser.
"Manufacturing" means the activity conducted
by a manufacturer and is reported under the manufactur-
ing classification.
(n) Definitions "N":
"Newspaper," "magazine," "periodical."
(1) "Newspaper" means a publication offered
for sale regularly at stated intervals at least once a week
and printed on newsprint in tabloid or broadsheet format
folded loosely together without stapling, glue, or any
other binding of any kind.
(2) "Magazine" or "periodical" means any
printed publication, other than a newspaper, issued and
offered for sale regularly at stated intervals at least once
every three (3) months, including any supplement or
special edition of the publication. Any publication meet-
ing this definition qualifies regardless of its content.
"Nonprofit corporation or nonprofit organiza-
tion" means a corporation or organization in which no
part of the income can be distributed to its members,
directors, or officers and that holds a current tax exempt
status as provided under Section 501(c)(3) of the Inter-
nal Revenue Code, as hereafter amended, or is specifi-
cally exempted from the requirement to apply for its tax
exempt status under Section 501(c)(3) of the Internal
Revenue Code, as hereafter amended. Where the term
"nonprofit organization" is used, it is meant to include a
nonprofit corporation.
(o) Definitions "O":
"Office" or "place of business" means a fixed
location or permanent facility where the regular busi-
ness of the person is conducted and which is either
owned by the person or over which the person exercises
legal dominion and control. The regular business of the
person is presumed conducted at a location:
(1) Whose address the person uses as its busi-
ness mailing address;
(2) Containing a telephone line listed in a pub-
lic telephone directory or other similar publication
under the business name;
(3) Where the person holds itself out to the
general public as conducting its regular business
through signage or other means; and
(4) Where the person is required to obtain any
appropriate State and local business license or registra-
tion unless they are exempted by law from such require-
ment.
A vehicle such as a pick-up, van, truck, boat or
other motor vehicle is not an office or place of business.
A post office box is not an office or place of business.
If a person has an office or place of business,
the person’s home is not an office or place of business
unless it meets the criteria for office or place of business
above. If a person has no office or place of business, the
person’s home or apartment within the City will be
deemed the place of business.
(p) Definitions "P":
"Person" means any individual, receiver, adminis-
trator, executor, assignee, trustee in bankruptcy, trust,
estate, firm, co-partnership, joint venture, club, com-
pany, joint stock company, business trust, municipal
corporation, political subdivision of the State of Wash-
ington, corporation, limited liability company, associa-
tion, society, or any group of individuals acting as a unit,
whether mutual, cooperative, fraternal, nonprofit, or
otherwise and the United States or any instrumentality
thereof.
"Port District" means a port district as defined in
Chapter 53.04 RCW.
"Precious metal bullion," "monetized bullion."
"Precious metal bullion" means any precious metal
which has been put through a process of smelting or
refining, including, but not limited to, gold, silver, plat-
inum, rhodium, and palladium, and which is in such
state or condition that its value depends upon its con-
tents and not upon its form. For purposes of this section,
"monetized bullion" means coins or other forms of
money manufactured from gold, silver, or other metals
and heretofore, now, or hereafter used as a medium of
exchange under the laws of this State, the United States,
or any foreign nation, but does not include coins or
money sold to be manufactured into jewelry or works of
art.
3.48-7 (Revised 1/18)
"Processing for hire" means the performance of
labor and mechanical services upon materials or ingre-
dients belonging to others so that as a result a new, dif-
ferent or useful product is produced for sale, or
commercial or industrial use. A processor for hire is any
person who would be a manufacturer if that person were
performing the labor and mechanical services upon that
person’s own materials or ingredients. If a person fur-
nishes, or sells to the customer prior to manufacture,
materials or ingredients equal to twenty (20) percent or
more of the total value of all materials or ingredients that
become a part of the finished product the person will be
deemed to be a manufacturer and not a processor for
hire.
"Product," "by-product."
(1) "Product" means tangible personal prop-
erty, including articles, substances, or commodities cre-
ated, brought forth, extracted, or manufactured by
human or mechanical effort.
(2) "By-product" means any additional prod-
uct, other than the principal or intended product, which
results from extracting or manufacturing activities and
which has a market value, without regard to whether or
not such additional product was an expected or intended
result of the extracting or manufacturing activities.
(q) Definitions "Q": Reserved.
(r) Definitions "R":
"Reporting period" means:
(1) A one (1) month period beginning the first
day of each calendar month (monthly); or
(2) A three (3) month period beginning the
first day of January, April, July or October of each year
(quarterly); or
(3) A twelve (12) month period beginning the
first day of January of each year (annual).
"Retail service" shall include the sale of or charge
made for personal, business, or professional services
including amounts designated as interest, rents, fees,
admission, and other service emoluments however des-
ignated, received by persons engaging in the following
business activities:
(1) Amusement and recreation services
including but not limited to golf, pool, billiards, skating,
bowling, swimming, bungee jumping, ski lifts and tows,
basketball, racquetball, handball, squash, tennis, batting
cages, day trips for sightseeing purposes, and others,
when provided to consumers. Amusement and recre-
ation services also include the provision of related facil-
ities such as basketball courts, tennis courts, handball
courts, swimming pools, and charges made for provid-
ing the opportunity to dance. The term "amusement and
recreation services" does not include instructional les-
sons to learn a particular activity such as tennis lessons,
swimming lessons, or archery lessons;
(2) Abstract, title insurance, and escrow ser-
vices;
(3) Credit bureau services;
(4) Automobile parking and storage garage
services;
(5) Landscape maintenance and horticultural
services but excluding (a) horticultural services pro-
vided to farmers and (b) pruning, trimming, repairing,
removing, and clearing of trees and brush near electric
transmission or distribution lines or equipment, if per-
formed by or at the direction of an electric utility;
(6) Service charges associated with tickets to
professional sporting events;
(7) The following personal services: physical
fitness services, tanning salon services, tattoo parlor ser-
vices, steam bath services, Turkish bath services, escort
services, and dating services; and
(8) The term shall also include the renting or
leasing of tangible personal property to consumers and
the rental of equipment with an operator.
"Retailing" means the activity of engaging in mak-
ing sales at retail and is reported under the retailing clas-
sification.
"Return" means any document a person is
required by the City to file to satisfy or establish a tax or
fee obligation that is administered or collected by the
City and that has a statutorily defined due date.
"Royalties" means compensation for the use of
intangible property, such as copyrights, patents,
licenses, franchises, trademarks, tradenames, and simi-
lar items.
(s) Definitions "S":
"Sale," "casual or isolated sale."
(1) "Sale" means any transfer of the owner-
ship of, title to, or possession of, property for a valuable
consideration and includes any activity classified as a
"sale at retail," "retail sale," or "retail service." It
includes renting or leasing, conditional sale contracts,
leases with option to purchase, and any contract under
which possession of the property is given to the pur-
chaser but title is retained by the vendor as security for
the payment of the purchase price. It also includes the
furnishing of food, drink, or meals for compensation
whether consumed upon the premises or not.
(2) "Casual or isolated sale" means a sale
made by a person who is not engaged in the business of
selling the type of property involved on a routine or con-
tinuous basis.
"Sale at retail," "retail sale."
(1) "Sale at retail" or "retail sale" means every
sale of tangible personal property (including articles
produced, fabricated, or imprinted) to all persons irre-
spective of the nature of their business and including,
among others, without limiting the scope hereof, per-
sons who install, repair, clean, alter, improve, construct,
or decorate real or personal property of or for consum-
ers, other than a sale to a person who presents a resale
certificate under RCW 82.04.470 and who:
(Revised 1/18)3.48-8
(a) Purchases for the purpose of resale as
tangible personal property in the regular course of busi-
ness without intervening use by such person; or
(b) Installs, repairs, cleans, alters,
imprints, improves, constructs, or decorates real or per-
sonal property of or for consumers, if such tangible per-
sonal property becomes an ingredient or component of
such real or personal property without intervening use
by such person; or
(c) Purchases for the purpose of consum-
ing the property purchased in producing for sale a new
article of tangible personal property or substance, of
which such property becomes an ingredient or compo-
nent or is a chemical used in processing, when the pri-
mary purpose of such chemical is to create a chemical
reaction directly through contact with an ingredient of a
new article being produced for sale; or
(d) Purchases for the purpose of consum-
ing the property purchased in producing ferrosilicon
which is subsequently used in producing magnesium for
sale, if the primary purpose of such property is to create
a chemical reaction directly through contact with an
ingredient of ferrosilicon; or
(e) Purchases for the purpose of provid-
ing the property to consumers as part of competitive
telephone service, as defined in RCW 82.04.065. The
term shall include every sale of tangible personal prop-
erty which is used or consumed or to be used or con-
sumed in the performance of any activity classified as a
"sale at retail" or "retail sale" even though such property
is resold or utilized as provided in subsection (1)(a), (b),
(c), (d), or (e) of this definition following such use; or
(f) Purchases for the purpose of satisfy-
ing the person’s obligations under an extended warranty
as defined in subsection (8) of this definition, if such
tangible personal property replaces or becomes an
ingredient or component of property covered by the
extended warranty without intervening use by such per-
son.
(2) "Sale at retail" or "retail sale" also means
every sale of tangible personal property to persons
engaged in any business activity which is taxable under
BMC 3.48.050(1)(g).
(3) "Sale at retail" or "retail sale" shall include
the sale of or charge made for tangible personal property
consumed and/or for labor and services rendered in
respect to the following:
(a) The installing, repairing, cleaning,
altering, imprinting, or improving of tangible personal
property of or for consumers, including charges made
for the mere use of facilities in respect thereto, but
excluding charges made for the use of coin-operated
laundry facilities when such facilities are situated in an
apartment house, rooming house, or mobile home park
for the exclusive use of the tenants thereof, and also
excluding sales of laundry service to nonprofit health
care facilities, and excluding services rendered in
respect to live animals, birds and insects;
(b) The constructing, repairing, decorat-
ing, or improving of new or existing buildings or other
structures under, upon, or above real property of or for
consumers, including the installing or attaching of any
article of tangible personal property therein or thereto,
whether or not such personal property becomes a part of
the realty by virtue of installation, and shall also include
the sale of services or charges made for the clearing of
land and the moving of earth excepting the mere level-
ing of land used in commercial farming or agriculture;
(c) The charge for labor and services ren-
dered in respect to constructing, repairing, or improving
any structure upon, above, or under any real property
owned by an owner who conveys the property by title,
possession, or any other means to the person performing
such construction, repair, or improvement for the pur-
pose of performing such construction, repair, or
improvement and the property is then reconveyed by
title, possession, or any other means to the original
owner;
(d) The sale of or charge made for labor
and services rendered in respect to the cleaning, fumi-
gating, razing or moving of existing buildings or struc-
tures, but shall not include the charge made for janitorial
services, which is taxed as a service in this chapter;
(e) The sale of or charge made for labor
and services rendered in respect to automobile towing
and similar automotive transportation services, but not
in respect to those required to report and pay taxes under
Chapter 82.16 RCW;
(f) The sale of and charge made for the
furnishing of lodging and all other services, except tele-
phone business and cable service, by a hotel, rooming
house, tourist court, motel, trailer camp, and the grant-
ing of any similar license to use real property, as distin-
guished from the renting or leasing of real property, and
it shall be presumed that the occupancy of real property
for a continuous period of one (1) month or more consti-
tutes a rental or lease of real property and not a mere
license to use or enjoy the same. For the purposes of this
subsection, it shall be presumed that the sale of and
charge made for the furnishing of lodging for a continu-
ous period of one (1) month or more to a person is a
rental or lease of real property and not a mere license to
enjoy the same;
(g) The installing, repairing, altering, or
improving of digital goods for consumers;
(h) The sale of or charge made for tangi-
ble personal property, labor and services to persons tax-
able under subsections (3)(a), (b), (c), (d), (e), (f) and (g)
of this definition when such sales or charges are for
property, labor and services which are used or con-
sumed in whole or in part by such persons in the perfor-
mance of any activity defined as a "sale at retail" or
3.48-9 (Revised 1/18)
"retail sale" even though such property, labor and ser-
vices may be resold after such use or consumption.
Nothing contained in this subsection shall be construed
to modify subsection (1) of this definition and nothing
contained in subsection (1) of this definition shall be
construed to modify this subsection.
(4) "Sale at retail" or "retail sale" shall also
include the providing of competitive telephone service
to consumers.
(5) "Sale at retail" or "retail sale" shall also
include:
(a) The sale of prewritten software other
than a sale to a person who presents a resale certificate
under RCW 82.04.470, regardless of the method of
delivery to the end user. For purposes of this subsection,
the sale of prewritten computer software includes the
sale of or charge made for a key or an enabling or acti-
vation code, where the key or code is required to acti-
vate prewritten computer software and put the software
into use. There is no separate sale of the key or code
from the prewritten computer software, regardless of
how the sale may be characterized by the vendor or by
the purchaser. For purposes of this subsection, the term
"sale at retail" or "retail sale" does not include the sale
of or charge made for:
(i) Custom software; or
(ii) The customization of prewritten
software.
(b) The charge made to consumers for the
right to access and use prewritten computer software,
where possession of the software is maintained by the
seller or a third party, regardless of whether the charge
for the service is on a per use, per user, per license, sub-
scription, or some other basis. This also includes the
right to access and use prewritten software to perform
data processing.
For purposes of this subsection (5)(b),
"data processing" means the systematic performance of
operations on data to extract the required information in
an appropriate form or to convert the data to usable
information. Data processing includes check process-
ing, image processing, form processing, survey process-
ing, payroll processing, claim processing, and similar
activities.
(6) "Sale at retail" or "retail sale" shall also
include the sale of or charge made for labor and services
rendered in respect to the building, repairing, or improv-
ing of any street, place, road, highway, easement, right-
of-way, mass public transportation terminal or parking
facility, bridge, tunnel, or trestle which is owned by a
municipal corporation or political subdivision of the
state, the State of Washington, or by the United States
and which is used or to be used primarily for foot or
vehicular traffic including mass transportation vehicles
of any kind (public road construction).
(7) "Sale at retail" or "retail sale" shall also
include the sale of or charge made for labor and services
rendered in respect to the constructing, repairing, deco-
rating, or improving of new or existing buildings or
other structures under, upon, or above real property of or
for the United States, any instrumentality thereof, or a
county or city housing authority created pursuant to
Chapter 35.82 RCW, including the installing or attach-
ing of any article of tangible personal property therein or
thereto, whether or not such personal property becomes
a part of the realty by virtue of installation (government
contracting).
(8) "Sale at retail" or "retail sale" shall also
include the sale of or charge made for an extended war-
ranty to a consumer. For purposes of this subsection,
"extended warranty" means an agreement for a specified
duration to perform the replacement or repair of tangible
personal property at no additional charge or a reduced
charge for tangible personal property, labor, or both, or
to provide indemnification for the replacement or repair
of tangible personal property, based on the occurrence
of specified events. The term "extended warranty" does
not include an agreement, otherwise meeting the defini-
tion of extended warranty in this subsection, if no sepa-
rate charge is made for the agreement and the value of
the agreement is included in the sales price of the tangi-
ble personal property covered by the agreement.
(9) "Sale at retail" or "retail sale" shall not
include the sale of services or charges made for the
clearing of land and the moving of earth of or for the
United States, any instrumentality thereof, or a county
or city housing authority. Nor shall the term include the
sale of services or charges made for cleaning up for the
United States, or its instrumentalities, radioactive waste
and other by-products of weapons production and
nuclear research and development. (This is reported
under the service or other classification.)
(10)"Sale at retail" or "retail sale" shall not
include the sale of or charge made for labor and services
rendered for environmental remedial action. (This is
reported under the service and other classification.)
(11)"Sale at retail" or "retail sale" shall also
include the following sales to consumers of digital
goods, digital codes, and digital automated services:
(a) Sales in which the seller has granted
the purchaser the right of permanent use;
(b) Sales in which the seller has granted
the purchaser a right of use that is less than permanent;
(c) Sales in which the purchaser is not
obligated to make continued payment as a condition of
the sale; and
(d) Sales in which the purchaser is obli-
gated to make continued payment as a condition of the
sale.
A retail sale of digital goods, digital codes,
or digital automated services under this subsection
(Revised 1/18)3.48-10
(s)(11), includes any services provided by the seller
exclusively in connection with the digital goods, digital
codes, or digital automated services, whether or not a
separate charge is made for such services.
For purposes of this subsection (11), "perma-
nent" means perpetual or for an indefinite or unspecified
length of time. A right of permanent use is presumed to
have been granted unless the agreement between the
seller and the purchaser specifies or the circumstances
surrounding the transaction suggest or indicate that the
right to use terminates on the occurrence of a condition
subsequent.
(12)"Sale at retail" or "retail sale" shall also
include the installing, repairing, altering, or improving
of digital goods for consumers.
"Sale at wholesale" or "wholesale sale" means
any sale of tangible personal property, digital goods,
digital codes, digital automated services, prewritten
computer software, or the services described in subsec-
tion (s)(5)(b) of this section which is not a retail sale,
and any charge made for labor and services rendered for
persons who are not consumers, in respect to real or per-
sonal property, if such charge is expressly defined as a
retail sale when rendered to or for consumers. "Sale at
wholesale" also includes the sale of telephone business
to another communications company as defined in
RCW 80.04.010 for the purpose of resale, as contem-
plated by RCW 35.21.715.
"Services" means any business activity other than
or in addition to those defined in this section.
"Software," "canned software," "custom soft-
ware," "customization of canned software," "master
copies," "retained rights."
(1) "Canned software" means software that is
created for sale to more than one (1) person. For pur-
poses of this chapter, canned software is deemed to be
tangible personal property regardless of the method of
delivery: tangible media (e.g., disk or installed on hard-
ware) or intangible (e.g., electronically over communi-
cations paths).
(2) "Custom software" means software cre-
ated for a single person.
(3) "Customization of canned software"
means any alteration, modification, or development of
applications using or incorporating canned software to
specific individualized requirements of a single person.
Customization of canned software includes individual-
ized configuration of software to work with other soft-
ware and computer hardware but does not include
routine installation. Customization of canned software
does not change the underlying character or taxability of
the original canned software.
(4) "Master copies" of software means copies
of software from which a software developer, author,
inventor, publisher, licensor, sublicensor, or distributor
makes copies for sale or license. The software encoded
on a master copy and the media upon which the software
resides are both ingredients of the master copy.
(5) "Retained rights" means any and all rights,
including intellectual property rights such as those
rights arising from copyrights, patents, and trade secret
laws, that are owned or are held under contract or
license by a software developer, author, inventor, pub-
lisher, licensor, sublicensor, or distributor.
(6) "Software" means any information, pro-
gram, or routine, or any set of one (1) or more programs,
routines, or collections of information used, or intended
for use, to convey information that causes one (1) or
more computers or pieces of computer-related periph-
eral equipment, or any combination thereof, to perform
a task or set of tasks. "Software" includes the associated
documentation, materials, or ingredients regardless of
the media upon which that documentation is provided,
that describes the code and its use, operation, and main-
tenance and that typically is delivered with the code to
the consumer. All software is classified as either canned
or custom.
"Successor" means any person to whom a taxpayer
quitting, selling out, exchanging, or disposing of a busi-
ness sells or otherwise conveys, directly or indirectly, in
bulk and not in the ordinary course of the taxpayer’s
business, any part of the materials, supplies, merchan-
dise, inventory, fixtures, or equipment of the taxpayer.
Any person obligated to fulfill the terms of a contract
shall be deemed a successor to any contractor defaulting
in the performance of any contract as to which such per-
son is a surety or guarantor.
(t) Definitions "T":
"Tax and Licensing Division" means the Tax and
Licensing Division of the Department of Community
Development.
"Tax year" or "taxable year" means the calendar
year.
"Taxpayer" means any person, as herein defined,
required to have a business license under this chapter or
liable for the collection of any tax or fee under this chap-
ter, or who engages in any business or who performs any
act for which a tax or fee is imposed by this chapter.
"Tuition fee" includes library, laboratory, health
service and other special fees, and amounts charged for
room and board by an educational institution when the
property or service for which such charges are made is
furnished exclusively to the students or faculty of such
institution. "Educational institution," as used in this sec-
tion, means only those institutions created or generally
accredited as such by the state and includes educational
programs that such educational institution cosponsors
with a nonprofit organization, as defined by the Internal
Revenue Code Section 501(c)(3), as hereafter amended,
if such educational institution grants college credit for
course work successfully completed through the educa-
tional program, or an approved branch campus of a for-
3.48-11 (Revised 1/18)
eign degree-granting institution in compliance with
Chapter 28B.90 RCW, and in accordance with RCW
82.04.4332 or defined as a degree-granting institution
under RCW 28B.85.010(3) and accredited by an accred-
iting association recognized by the United States Secre-
tary of Education, and offering to students an
educational program of a general academic nature or
those institutions which are not operated for profit and
which are privately endowed under a deed of trust to
offer instruction in trade, industry, and agriculture, but
not including specialty schools, business colleges, other
trade schools, or similar institutions.
(u) Definitions "U": Reserved.
(v) Definitions "V":
"Value of products."
(1) The value of products, including by-prod-
ucts, extracted or manufactured, shall be determined by
the gross proceeds derived from the sale thereof whether
such sale is at wholesale or at retail, to which shall be
added all subsidies and bonuses received from the pur-
chaser or from any other person with respect to the
extraction, manufacture, or sale of such products or by-
products by the seller.
(2) Where such products, including by-prod-
ucts, are extracted or manufactured for commercial or
industrial use; and where such products, including by-
products, are shipped, transported or transferred out of
the City, or to another person, without prior sale or are
sold under circumstances such that the gross proceeds
from the sale are not indicative of the true value of the
subject matter of the sale; the value shall correspond as
nearly as possible to the gross proceeds from sales in
this state of similar products of like quality and charac-
ter, and in similar quantities by other taxpayers, plus the
amount of subsidies or bonuses ordinarily payable by
the purchaser or by any third person with respect to the
extraction, manufacture, or sale of such products. In the
absence of sales of similar products as a guide to value,
such value may be determined upon a cost basis. In such
cases, there shall be included every item of cost attribut-
able to the particular article or articles extracted or man-
ufactured, including direct and indirect overhead costs.
The Director may prescribe rules for the purpose of
ascertaining such values.
(3) Notwithstanding subsection (2) of this
definition, the value of a product manufactured or pro-
duced for purposes of serving as a prototype for the
development of a new or improved product shall corre-
spond to (a) the retail selling price of such new or
improved product when first offered for sale; or (b) the
value of materials incorporated into the prototype in
cases in which the new or improved product is not
offered for sale.
"Value proceeding or accruing" means the con-
sideration, whether money, credits, rights, or other prop-
erty expressed in terms of money, a person is entitled to
receive or which is actually received or accrued. The
term shall be applied, in each case, on a cash receipts or
accrual basis according to which method of accounting
is regularly employed in keeping the books of the tax-
payer.
(w) Definitions "W":
"Wholesaling" means engaging in the activity of
making sales at wholesale, and is reported under the
wholesaling classification.
(x) Definitions "X": Reserved.
(y) Definitions "Y": Reserved.
(z) Definitions "Z": Reserved. (Ord. 5344 §1,
2017: Ord. 5201 §2 (part), 2012: Ord. 5139 §1, 2011:
Ord. 5044 §1, 2008: Ord. 5028 §1 (part), 2007: Ord.
4988 §1, 2006; Ord. 4924 §1, 2004; Ord. 4843, Added,
01/03/2003)
3.48.040 AGENCY - SALES AND SERVICES
BY AGENT, CONSIGNEE, BAILEE,
FACTOR OR AUCTIONEER.
(1) Sales in Own Name - Sales or Purchases as
Agent. Every person, including agents, consignees,
bailees, factors or auctioneers having either actual or
constructive possession of tangible personal property or
having possession of the documents of title thereto, with
power to sell such tangible personal property in the per-
son’s own name and actually so selling shall be deemed
the seller of such tangible personal property within the
meaning of this chapter.
The burden shall be upon the taxpayer in every case
to establish the fact that such taxpayer is not engaged in
the business of selling tangible personal property but is
acting merely as broker or agent in promoting sales or
making purchases for a principal. Such claim will be
recognized only when the contract or agreement
between such persons clearly establishes the relation-
ship of principal and agent and when the following con-
ditions are complied with:
(a) The books and records of the broker or
agent show the transactions were made in the name and
for the account of the principal, and show the name of
the actual owner of the property for whom the sale was
made, or the actual buyer for whom the purchase was
made.
(b) The books and records show the amount of
the principal’s gross sales, the amount of commissions
and any other incidental income derived by the broker or
agent from such sales. The principal’s gross sales must
not be reflected as the agent’s income on any of the
agent’s books and records. Commissions must be com-
puted according to a set percentage or amount, which is
agreed upon in the agency agreement.
(c) No ownership rights may be conferred to
the agent unless the principal refuses to pay, or refuses
to abide by the agency agreement. Sales or purchases of
(Revised 1/18)3.48-12
any goods by a person who has any ownership rights in
such goods shall be taxed as retail or wholesale sales.
(d) Bulk goods sold or purchased on behalf of
a principal must not be co-mingled with goods belong-
ing to another principal or lose their identity as belong-
ing to the particular principal. Sales or purchases of any
goods which have been co-mingled or lost their identity
as belonging to the principal shall be taxed as retail or
wholesale sales.
(2) If the above requirements are not met, the con-
signor, bailor, principal or other shall be deemed a seller
of such property to the agent, consignee, bailee, factor or
auctioneer.
(3) Services in Own Name - Procuring Services as
Agent. For purposes of this subsection, an agent is a per-
son who acts under the direction and control of the prin-
cipal in procuring services on behalf of the principal that
the person could not itself render or supply. Amounts
received by an agent for the account of its principal as
advances or reimbursements are exempted from the
measure of the tax only when the agent is not primarily
or secondarily liable to pay for the services procured.
Any person who claims to be acting merely as agent
in obtaining services for a principal will have such claim
recognized only when the contract or agreement
between such persons clearly establishes the relation-
ship of principal and agent and when the following con-
ditions are complied with:
(a) The books and records of the agent show
that the services were obtained in the name and for the
account of the principal, and show the actual principal
for whom the purchase was made.
(b) The books and records show the amount of
the service that was obtained for the principal, the
amount of commissions and any other income derived
by the agent for acting as such. Amounts received from
the principal as advances and reimbursements must not
be reflected as the agent’s income on any of the agent’s
books and records. Commissions must be computed
according to a set percentage or amount, which is agreed
upon in the agency agreement. (Ord. 5201 §2 (part),
2012: Ord. 5028 §1 (part), 2007: Ord. 4843, Added,
01/03/2003)
3.48.050 IMPOSITION OF THE TAX - TAX
OR FEE LEVIED.
(1) Imposition of the Tax - Tax or Fee Levied.
Except as provided in subsection (2) of this section,
there is hereby levied upon and shall be collected from
every person a tax for the act or privilege of engaging in
business activities within the City, whether the person’s
office or place of business be within or without the City.
The tax shall be in amounts to be determined by appli-
cation of rates against gross proceeds of sale, gross
income of business, or value of products, including by-
products, as the case may be, as follows:
(a) Extractor. Upon every person engaging
within the City in business as an extractor; as to such
persons the amount of the tax with respect to such busi-
ness shall be equal to the value of the products, includ-
ing by-products, extracted for sale or for commercial or
industrial use, multiplied by the rate of one and six-
tenths of one percent (0.0016). The measure of the tax is
the value of the products, including by-products, so
extracted, regardless of the place of sale or the fact that
deliveries may be made to points outside the City.
(b) Manufacturer. Upon every person engag-
ing within the City in business as a manufacturer; as to
such persons the amount of the tax with respect to such
business shall be equal to the value of the products,
including by-products, manufactured, multiplied by the
rate of one and six-tenths of one percent (0.0016). The
measure of the tax is the value of the products, including
by-products, so manufactured, regardless of the place of
sale or the fact that deliveries may be made to points
outside the City.
(c) Wholesale. Upon every person engaging
within the City in the business of making sales at whole-
sale; as to such persons, the amount of tax with respect
to such business shall be equal to the gross proceeds of
such sales of the business without regard to the place of
delivery of articles, commodities or merchandise sold,
multiplied by the rate of one and six-tenths of one per-
cent (0.0016).
(d) Retail. Upon every person engaging
within the City in the business of making sales at retail;
as to such persons, the amount of tax with respect to
such business shall be equal to the gross proceeds of
such sales of the business without regard to the place of
delivery of articles, commodities or merchandise sold,
multiplied by the rate of one and one-quarter of one per-
cent (0.00125).
(e) Printing and Publishing. Upon every per-
son engaging within the City in the business of (i) print-
ing, (ii) both printing and publishing newspapers,
magazines, periodicals, books, music, and other printed
items, (iii) publishing newspapers, magazines and peri-
odicals, (iv) extracting for hire, and (v) processing for
hire; as to such persons, the amount of tax on such busi-
ness shall be equal to the gross income of the business
multiplied by the rate of one and nine-tenths of one per-
cent (0.0019).
(f) Retail Service. Upon every person engag-
ing within the City in the business of making sales of
retail services; as to such persons, the amount of tax
with respect to such business shall be equal to the gross
proceeds of sales multiplied by the rate of two-tenths of
one percent (0.002).
(g) Service. Upon every other person engag-
ing within the City in any business activity other than or
in addition to those enumerated in the above subsec-
tions; as to such persons, the amount of tax on account
3.48-12.1 (Revised 1/18)
of such activities shall be equal to the gross income of
the business multiplied by the rate of two-tenths of one
percent (0.002). This subsection includes, among oth-
ers, and without limiting the scope hereof (whether or
not title to material used in the performance of such
business passes to another by accession, merger or other
than by outright sale), persons engaged in the business
of developing, or producing custom software or of cus-
tomizing canned software, producing royalties or com-
missions, and persons engaged in the business of
rendering any type of service which does not constitute
a sale at retail or a sale at wholesale or a retail service.
(2) Tax Exemption.
(a) The gross receipts tax imposed in this sec-
tion shall not apply to any person whose gross proceeds
of sales, gross income of the business, and value of
products, including by-products, as the case may be,
from all activities conducted within the City during any
calendar year is equal to or less than sixty thousand dol-
lars ($60,000) ("tax exemption"). Persons with gross
income exceeding sixty thousand dollars ($60,000) per
year shall be taxed only on the amount of gross income
exceeding sixty thousand dollars ($60,000) per year.
(b) Beginning on January 1, 2013, and each
year thereafter, the tax exemption set forth in subsection
(2)(a) of this section shall be increased by an additional
twenty thousand dollars ($20,000) for each year as fol-
lows:
This formula for the tax exemption shall con-
tinue until no taxes are due to be received by the City in
any tax year at which time the business and occupation
tax shall terminate, unless the formula is modified as set
forth in subsection (2)(c) of this section.
(c) The tax reduction formula in subsection
(2)(b) of this section may be:
(i) Accelerated at any time;
(ii) Stayed for a period of time as deter-
mined by the City Council upon findings by the City
Council that fiscal and budget conditions of the City
necessitate a stay of the tax reduction; or
(iii) The business and occupation tax is
terminated by ordinance adopted by the City Council.
The actions by City Council to accelerate or
stay implementation of the tax reduction in subsections
Year 2013 - the tax exemption shall be $80,000
Year 2014 - the tax exemption shall be $100,000
Year 2015 - the tax exemption shall be $120,000
Year 2016 - the tax exemption shall be $140,000
3.50-1 (Revised 1/18)
Chapter 3.50
UTILITY TAXES
Sections:
3.50.010 EXERCISE OF REVENUE
LICENSE POWER.
3.50.020 BUSINESS LICENSE -
REQUIRED.
3.50.030 ADMINISTRATIVE
PROVISIONS.
3.50.040 DEFINITIONS.
3.50.050 PERSONS SUBJECT TO TAX -
AMOUNT.
3.50.060 DEDUCTIONS.
3.50.070 TAX - WHEN DUE.
3.50.080 RULES AND REGULATIONS.
3.50.090 SEVERABILITY.
3.50.010 EXERCISE OF REVENUE
LICENSE POWER.
The provisions of this chapter shall be deemed an
exercise of the power of the City to license and/or tax for
revenue. The provisions of this chapter are subject to
periodic statutory or administrative rule changes or judi-
cial interpretations of the ordinances or rules. The
responsibility rests with the licensee or taxpayer to
reconfirm tax computation procedures and remain in
compliance with the City Code. (Ord. 4895 §2, 2004;
Ord. 4844, Added, 01/03/2003)
3.50.020 BUSINESS LICENSE - REQUIRED.
It is unlawful for any person to engage in business
in the City without having first obtained a business
license pursuant to Chapter 5.02 BMC. Applications for
business licenses shall be filed with the Tax and License
Division. (Ord. 5343 §2, 2017: Ord. 4895 §2, 2004; Ord.
4844, Added, 01/03/2003)
3.50.030 ADMINISTRATIVE PROVISIONS.
The provisions contained in Chapter 3.86 BMC
shall be fully applicable to the provisions of this chapter
except as expressly stated to the contrary herein. (Ord.
4895 §2, 2004; Ord. 4844, Added, 01/03/2003)
3.50.040 DEFINITIONS.
For the purposes of this chapter, the definitions con-
tained in Chapter 3.48 BMC shall apply equally to the
provisions of this chapter as applicable unless the term
is defined otherwise in this chapter. In addition, the fol-
lowing definitions will apply:
"Cellular telephone service" is a voice or data tele-
phone/communications system based in whole or sub-
stantial part on wireless radio communications, whether
or not the communications are subject to regulation by
the Washington Utilities and Transportation Commis-
sion (WUTC). This includes cellular mobile service.
Cellular mobile service includes other wireless radio
communications services such as specialized mobile
radio (SMR), personal communications services (PCS),
and any other evolving wireless radio communications
technology which accomplishes the same purpose as
cellular mobile service.
"Competitive telephone service" means the providing
by any person of telephone communications equipment
or apparatus, or service related to that equipment or
apparatus such as a repair and maintenance service, if
the equipment or apparatus is of a type which can be
provided by persons who are not subject to regulation as
telephone companies under RCW Title 80, and for
which a separate charge is made.
"Gross income" means the value proceeding or accru-
ing by reason of the business activity engaged in and
operations incidental thereto, and includes gross pro-
ceeds of sales, compensation for the rendition of ser-
vices and other emoluments, but without any deduction
on account of the cost of the commodity furnished or
sold, the cost of materials used, labor costs, interest, dis-
count, delivery costs, taxes, or any other expense what-
soever paid or accrued and without any deduction on
account of losses.
"Gross income from timber sales" means "stumpage
value of timber" as defined in Chapter 84.33 RCW
minus the costs of production including, but not limited
to, logging and trucking costs, fees and excise taxes.
"Page service" means service provided by means of an
electronic device that has the ability to send or receive
voice or digital messages transmitted through the local
telephone network, via satellite or any other form of
voice or data transmission.
"Reporting period" means a one (1) month period
beginning the first day of each calendar month
(monthly).
"Solid waste collection service" means receiving solid
waste from any facility or location within the City for
transfer, processing, treatment, storage, or disposal,
including, but not limited to, all collection services, pub-
lic or private dumps or landfills, transfer stations, and
other similar operations.
"Solid waste," for purposes of this chapter, means gar-
bage, trash, rubbish, or other material discarded as
worthless or not economically viable for further use,
infectious, hazardous, or toxic wastes, and recyclable or
reusable materials collected, in whole or part, for recy-
cling or salvage.
"Telephone business" means the providing by any per-
son of access to a local telephone network, local tele-
phone network switching service, toll service, cellular
or mobile telephone service, coin telephone service,
page service, or the providing of telephonic, video, data,
(Revised 1/18)3.50-2
or similar communication, or transmission for hire, via
a local telephone network, toll line or channel, cable,
microwave, or similar communications or transmission
system. The term includes cooperative or farmer line
telephone companies or associations operating
exchanges. The term also includes the provision of
transmission to and from the site of an internet provider
via a local telephone network, toll line or channel, cable,
microwave, or similar communicationsor transmission
system. "Telephone business" does not include the pro-
viding of competitive telephone service, or providing of
cable television service, or other providing of broadcast
services by radio or television stations. (Ord. 4895 §2,
2004; Ord. 4844, Added, 01/03/2003)
3.50.050 PERSONS SUBJECT TO TAX -
AMOUNT.
In addition to other taxes or fees that may be
imposed or levied by the City, there is hereby levied
upon all persons (including the City) engaging in busi-
ness within the City a fee or tax to be collected as fol-
lows:
(a) Gas. Upon every person engaging in the busi-
ness of transmitting, distributing or the selling of manu-
factured or natural gas, a fee or tax equal to six (6)
percent of the total gross income from such business
conducted within the City.
(b) Water. Upon every person engaging in the
business of providing water utility service, a fee or tax
equal to fifteen and one-half (15.5) percent of the total
gross income from such business conducted within the
City. The total gross income from the business of pro-
viding water utility service includes the "gross income
from timber sales" of the utility as that term is defined in
this chapter.
(c) Wastewater. Upon every person engaging in
the business of providing wastewater utility service, a
fee or tax equal to twenty (20) percent of the total gross
income from such business conducted within the City.
(d) Stormwater. Upon every person engaging in
the business of providing stormwater utility service, a
fee or tax equal to twenty (20) percent of the total gross
income from such business conducted within the City.
Eighty (80) percent of the fee or tax collected under this
subsection shall be allocated to the Transportation Cap-
ital Fund for street improvements, unless otherwise allo-
cated by the City Council.
(e) Cable. Upon every person engaging in the
business of transmitting television signals by means of a
cable distribution system commonly known as televi-
sion cable service, a fee or tax equal to seven (7) percent
of the total gross income from such business conducted
within the City.
(f) Solid Waste. Upon every person engaging in
the business of providing solid waste collection service,
a fee or tax equal to nine and one-half (9.5) percent of
the total gross income from such business conducted
within the City.
(g) Electricity. Upon every person engaging in the
business of producing, transmitting, distributing or sell-
ing electricity, a fee or tax equal to six (6) percent of the
total gross income from such business conducted within
the City.
(h) Telephone. Upon every person engaged in car-
rying on a telephone business for hire or for sale of a
commodity or a service within or partly within the cor-
porate limits of the City, a tax for the privilege of so
doing business equal to six (6) percent of the total gross
income rendered within the City.
(1) Deductions. In computing the telephone
tax, there shall be deducted from the gross operating
revenues the following items:
(i) Amounts derived from transactions in
interstate or foreign commerce or from any business
which the City is prohibited from taxing under the Con-
stitutions of the United States or the State of Washing-
ton.
(ii) Amounts derived from that portion of
network telephone service, as defined in RCW
82.04.065, which represents charges to another commu-
nications company, as defined in RCW 80.04.010, for
connecting fees, switching charges or carrier access
charges relating to intrastate toll telephone services, or
for access to, or charges for, interstate services or
charges for network telephone service that is purchased
for the purpose of resale.
(iii) Adjustments made to a billing or to a
customer account or to a communications company
accrual account in order to reverse a billing or charge
that had been made as a result of third-party fraud or
other crime and was not properly a debt of a customer.
(iv) A complete deduction from gross
income shall be allowed for credit losses, only to cellu-
lar telephone service companies which keep their regu-
lar books of account on an accrual basis, for cash
discounts and credit losses actually sustained by a tax-
payer as a result of telephone service business.
(2) Allocation of Income - Cellular Telephone
Service.
(i) Service Address. Payments by a cus-
tomer for the telephone service from telephones without
a fixed location shall be allocated among taxing jurisdic-
tions to the location of the customer’s principal service
address during the period for which the tax applies.
(ii) Roaming Phones. When the service is
provided while a subscriber is roaming outside the sub-
scriber’s normal cellular network area, the gross income
shall be assigned consistent with the taxpayer’s account-
ing system to the location of the originating cell site of
the call, or to the location of the main cellular switching
3.50-3 (Revised 1/18)
office that switched the call. (Ord. 5336 §1, 2017: Ord.
5307 §1, 2016: Ord. 5289 §2, 2015: Ord. 5170 §1, 2011:
Ord. 5096 §1, 2009: Ord. 5078 §1, 2009: Ord. 5065 §1,
2008: Ord. 4988 §4, 2006; Ord. 4918 §1, 2004; Ord.
4895 §2, 2004; Ord. 4882 §1, 2003; Ord. 4844, Added,
01/03/2003)
3.50.060 DEDUCTIONS.
(a) There may be deducted from the total gross
income, upon which the license fee or tax is computed,
revenues derived from business which the City is pro-
hibited from taxing under the Constitutions or laws of
the State of Washington or the United States or the
Charter of the City.
(b) There may be deducted from the total gross
income, upon which the license fee or tax is computed,
the amount of State excise taxes, pursuant to Chapter
82.18 RCW, imposed directly upon persons using the
service of a solid waste collection business and collected
for payment to the State by the solid waste collection
business.
(c) There may be deducted from the total gross
income, upon which the license fee or tax is imposed
under BMC 3.50.050, revenues derived from providing
the service of collecting recyclable materials, as fol-
lows:
(1) Commercial Recycling. Revenues derived
from the service of collecting commercial recyclable
materials. This exemption is limited to materials actu-
ally resold and computed in proportion to weight, as fol-
lows:
(i) Any weight added by processing or
treatment after collection is subtracted from the weight
as sold to obtain the allowable weight as sold; and
(ii) Revenues are multiplied by a fraction,
the numerator of which is the allowable weight as sold
and the denominator of which is the weight as collected.
(2) This deduction does not apply to any
energy recovery or fuel-use process, nor in any case
where materials collected have not been sold for com-
mercial reuse within one hundred (100) days from the
date of collection. This period may be extended when a
taxpayer shows to the Department’s satisfaction that
market conditions necessitate a longer period for sale.
(Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003)
3.50.070 TAX - WHEN DUE.
The tax imposed by this chapter shall be due and
payable in monthly installments. If full payment of any
tax due under this chapter is not received by the Tax and
License Division on or before the date due, there shall
be added to the amount due a penalty fee pursuant to
BMC 3.86.110. (Ord. 5343 §3, 2017: Ord. 4895 §2,
2004)
3.50.080 RULES AND REGULATIONS.
The Director may establish administrative rules and
regulations as deemed appropriate, consistent with this
chapter for the purpose of enforcing and carrying out its
provisions. (Ord. 4895 §2, 2004; Ord. 4844, Added,
01/03/2003. Formerly 3.50.070)
3.50.090 SEVERABILITY.
If any provision or section of this chapter shall be
held void or unconstitutional, all other parts, provisions,
and sections of this chapter not expressly so held to be
void or unconstitutional shall continue in full force and
effect. (Ord. 4895 §2, 2004; Ord. 4844, Added,
01/03/2003. Formerly 3.50.080)
3.72-1 (Revised 1/18)
Chapter 3.72
GAMBLING TAX
Sections:
3.72.010 DEFINITIONS.
3.72.020 PERSONS SUBJECT TO TAX -
TAX RATES.
3.72.030 TAX TO BE COMPUTED AND
PAID QUARTERLY -
EXCEPTIONS.
3.72.040 ADMINISTRATION AND
COLLECTION OF TAX.
3.72.050 METHOD OF PAYMENT.
3.72.060 PENALTY FOR LATE
PAYMENT.
3.72.070 NOTICE OF INTENTION TO
ENGAGE IN ACTIVITY TO BE
FILED.
3.72.080 RECORDS REQUIRED.
3.72.090 OVERPAYMENT OR
UNDERPAYMENT OF TAX.
3.72.100 FAILURE TO MAKE RETURN.
3.72.110 TAX ADDITIONAL TO
OTHERS.
3.72.120 RULEMAKING.
3.72.130 TAXES, PENALTIES AND FEES
CONSTITUTE DEBT TO
MUNICIPALITY.
3.72.140 LIMITATION ON RIGHT TO
RECOVERY.
3.72.150 EFFECTIVE DATE OF TAX.
3.72.160 VIOLATION - PENALTIES.
3.72.010 DEFINITIONS.
For the purposes of this chapter, the following defi-
nitions shall apply unless the context indicates other-
wise:
"Director" means the Director of Community
Development of the City or any officer, agent or
employee of the City designated to act on the Director’s
behalf; and
“Tax and Licensing Division” means the Tax and
Licensing Division of the Department of Community
Development.
In addition, for the purposes of this chapter, the
words and terms used shall have the same meaning as
each has under Chapter 218, Laws of 1973, First
Extraordinary Session and Chapter 9.46 RCW, each
amended, and under the rules of the Washington State
Gambling Commission, Chapter 230, WAC, unless oth-
erwise specifically provided or the context in which they
are used herein clearly indicates that they may be given
some other meaning. (Ord. 5343 §4 (part), 2017: Ord.
3187 §1, 1974)
3.72.020 PERSONS SUBJECT TO TAX - TAX
RATES.
There is levied upon all persons, associations, and
organizations conducting or operating within this juris-
diction any of the activities listed below a tax in the fol-
lowing amount to be paid to the City:
(a) Bingo, in the amount of the gross receipts
therefrom, less the amount of money paid in cash and
amounts paid for merchandise which are actually
awarded as prizes during the taxable period, multiplied
by the rate of five (5) percent;
(b) Raffles, in the amount of the gross receipts
therefrom, less the amount of money paid in cash and
amounts paid for merchandise which are actually
awarded as prizes during the taxable period, multiplied
by the rate of five (5) percent. No tax shall be imposed
on the first ten thousand dollars ($10,000) gross receipts
less the amount awarded as cash or merchandise prizes
from raffles conducted by any bona fide charitable or
nonprofit organization as defined in Chapter 9.46 RCW;
(c) Amusement games, in the amount sufficient to
pay the actual costs of enforcement of the provisions of
this chapter, which shall not exceed the amount of the
gross receipts therefrom, less the amount of money paid
in cash and amounts paid for merchandise, which are
actually awarded as prizes during the taxable period,
multiplied by the rate of two (2) percent;
(d) Charitable organizations. No tax shall be
imposed under the authority of this chapter on bingo,
raffles or amusement games when such activities or any
combination thereof are conducted by any bona fide
charitable or nonprofit organization, as defined in Chap-
ter 9.46 RCW, which organization has not paid operat-
ing or management personnel and has gross income
from bingo, raffles or amusement games, or any combi-
nation thereof, not exceeding five thousand dollars
($5,000) per year less the amount paid as prizes;
(e) Fishing derbies, in the amount of the gross
receipts therefrom, less the amount of money paid in
cash and amounts paid for merchandise which are actu-
ally awarded for prizes during the taxable period, multi-
plied by the rate of ten (10) percent;
(f) Punchboards or pull-tabs.
(1) Any organization qualifying as a bona fide
charitable or nonprofit organization pursuant to the pro-
visions of Chapter 9.46 RCW and any person, associa-
tion or organization who desires to utilize punchboards
or pull-tabs as a commercial stimulant pursuant to Chap-
ter 9.46 RCW shall make such intention known to the
Director;
(2) Any organization pursuant to the provi-
sions of Chapter 9.46 RCW and any person, association
(Revised 1/18)3.72-2
or organization who desires to utilize punchboards or
pull-tabs as a commercial stimulant pursuant to Chapter
9.46 RCW shall remit to the City of Bremerton and there
is hereby levied a tax computed at the rate of three (3)
percent based upon the gross income received in the
conduct of such activity, computed by multiplying the
number of chances played on said punchboard or pull-
tab times the price or value of each individual chance for
play;
(3) Any organization qualifying as a bona fide
charitable or nonprofit organization pursuant to the pro-
visions of Chapter 9.46 RCW, who desires to utilize
punchboards or pull-tabs pursuant to Chapter 9.46
RCW, shall remit to the City of Bremerton and there is
hereby levied a tax computed at the rate of ten (10) per-
cent based on gross receipts from the operation of the
games less the amount awarded as cash or merchandise
prizes. Gross income received in the conduct of such
activity is computed by multiplying the number of
chances played on said punchboard or pull-tab times the
price or value of each individual chance or play. Cash or
merchandise awarded is computed by the amount of
cash paid or cost of merchandise awarded;
(g) Social card games.
(1) Social card games (player funded), in the
amount of ten (10) percent of the gross receipts received
as fees charged persons for the privilege of playing in
card games;
(2) Social card games (house banked) in the
amount of two (2) percent of the gross receipts received
by the house from such social card games;
(h) Fund-raising events, as defined by RCW
9.46.0233, in the amount of ten (10) percent of the net
receipts derived from the fund-raising event. For the
purpose of this section, "net receipts" means all money
received by an organization during a given period of
time, less the amount of money paid out as cash prizes
during the same period of time. No additional expendi-
tures which arise from the conducting of the fund-rais-
ing event shall be deducted for purposes of reducing the
gross receipts to arrive at the net receipt. (Ord. 5343 §4
(part), 2017: Ord. 5238 §1, 2013: Ord. 5116 §1,
Amended, 07/07/2010: Ord. 4764, Amended,
07/06/2001; Ord. 3924 §1, 1984; Ord. 3187 §2, 1974)
3.72.030 TAX TO BE COMPUTED AND
PAID QUARTERLY -
EXCEPTIONS.
Each of the various taxes imposed by this chapter
shall be computed on the basis of activity during each
calendar quarter year, shall be due and payable in quar-
terly installments, and remittance therefor, together with
return forms, shall be made to the City, on or before the
last day of the month next succeeding the quarterly
period in which the tax accrued, that is, on January 31st,
April 30th, July 31st, and October 31st of each year;
provided, that the following exceptions to this payment
schedule shall be allowed, or required:
(1) Except as provided in (2) below, whenever any
person, association or organization taxable hereunder
conducting or operating a taxable activity on a regular
basis discontinues operation of that taxable activity for
a period of more than three consecutive weeks, or quits
business, sells out, or otherwise disposes of its business
or terminates the business, any tax due hereunder shall
become due and payable, and such taxpayer shall,
within ten (10) days thereafter, make a return and pay
the tax due.
(2) Whenever it appears to the Director that the
collection of taxes from any person, association or orga-
nization may be in jeopardy, the Director, after not less
than thirty (30) days’ notice to the taxpayer, is autho-
rized to require that taxpayer to remit taxes and returns
at such shorter intervals than quarterly or annually, as
the Director shall deem appropriate under the circum-
stances.
(3) There shall be allowed as a deduction for the
various taxes imposed by this chapter an amount equal
to the amount of bad debts suffered by any such person,
association or organization engaged in such activity as a
result of their being unable to collect gambling debts.
Such deduction shall be allowed to be computed and
taken on the tax return for the fourth quarter of each cal-
endar year. Such deduction shall not be allowed unless
the person, association or organization engaging in such
activities shall first cause to be prepared and filed with
said fourth quarter tax return an affidavit, in form satis-
factory to the Director, setting forth the amount of bad
debts suffered by such person, association or organiza-
tion. (Ord. 5343 §4 (part), 2017: Ord. 3377 §1, 1977;
Ord. 3187 §3 1974)
3.72.040 ADMINISTRATION AND
COLLECTION OF TAX.
Administration and collection of the various taxes
imposed by this chapter shall be the responsibility of the
Tax and License Division. Remittance of the amount
due shall be accompanied by a completed return form
prescribed and provided by the Director. The taxpayer
shall be required to swear and affirm that the informa-
tion given in the return is true, accurate, and complete.
The Director is authorized, but not required, to mail
to taxpayers forms for returns. Failure of the taxpayer to
receive such a form shall not excuse a taxpayer from
making the return and timely paying all taxes due. The
Director shall make forms available to the public in rea-
sonable numbers in the office of the Director during reg-
ular business hours.
In addition to the return form, a copy of the tax-
payer’s quarterly report to the Washington State Gam-
3.72-3 (Revised 1/18)
bling Commission required by WAC 230-08 for the
period in which the tax accrued shall accompany remit-
tance of the tax amount due. (Ord. 5343 §4 (part), 2017:
Ord. 3187 §4, 1974)
3.72.050 METHOD OF PAYMENT.
Taxes payable hereunder shall be remitted to the
Director on or before the time required by bank draft,
certified check, cashier’s check, personal check, money
order, or in cash. If payment is made by draft or check,
the tax shall not be deemed paid until the draft or check
is honored in the usual course of business, nor shall the
acceptance of any sum by the Director be an acquittance
or discharge of the tax unless the amount paid is the full
amount due. The return, and copy of quarterly report to
the Washington State Gambling Commission, shall be
filed in the office of the Director after notation by that
office upon the return of the amount actually received
from the taxpayer. (Ord. 5343 §4 (part), 2017: Ord.
3187 §5, 1974)
3.72.060 PENALTY FOR LATE PAYMENT.
If full payment of any tax due under this chapter is
not received by the Tax and Licensing Division on or
before the date due, there shall be added to the amount
due a penalty fee pursuant to BMC 3.86.110. (Ord. 5343
§4 (part), 2017: Ord. 3894 §1, 1984; Ord. 3187 §6,
1974)
3.72.070 NOTICE OF INTENTION TO
ENGAGE IN ACTIVITY TO BE
FILED.
In order that the City may identify those persons
who are subject to taxation under this chapter, each per-
son, association or organization shall file with the Direc-
tor a sworn declaration of intent to conduct an activity
taxable under this chapter upon a form to be prescribed
by the Director, together with a copy of the license
issued therefor by the Washington State Gambling
Commission. The filing shall be made not later than ten
(10) days prior to conducting or operating the taxable
activity. No fee shall be charged for such filing, which
is not for the purpose of regulation of this activity but for
the purposes of administration of this taxing ordinance
only.
Failure to timely file shall not excuse any person,
association or organization from any tax liability. (Ord.
5343 §4 (part), 2017: Ord. 3187 §7, 1974)
3.72.080 RECORDS REQUIRED.
(a) Each person, association, or organization
engaging in an activity under this chapter shall maintain
records respecting that activity which truly, completely
and accurately disclose all information necessary to
determine the taxpayer’s tax liability hereunder during
each base tax period. Such records shall be kept and
maintained for a period of not less than three (3) years.
In addition, all information and items required by the
Washington State Gambling Commission under WAC
230-08, and the United States Internal Revenue Service
respecting taxation, shall be kept and maintained for the
periods required by those agencies.
(b) All books, records, and other items required to
be kept and maintained under this section shall be sub-
ject to, and immediately made available for, inspection
and audit at any time, with or without notice, at the place
where such records are kept, upon demand by the Direc-
tor or his designees, for the purpose of enforcing the
provisions of this taxing ordinance.
(c) Where a taxpayer does not keep all of the
books, records or items required to be kept or main-
tained under this section in this jurisdiction so that the
Director may examine them conveniently, the taxpayer
shall either:
(1) Produce all of the required books, records,
or items within this jurisdiction for such inspection
within seven (7) days following a request of the local
official that he do so; or
(2) Bear the actual cost of inspection by the
Director or his designee, at the location at which such
books, records or items are located; provided, that a tax-
payer choosing to bear these costs shall pay in advance
to the Director the estimated cost thereof, including, but
not limited to round-trip fare by the most rapid means,
lodging, meals, and incidental expenses. The actual
amount due or to be refunded for expenses shall be
determined following said examination of the records.
(d) A taxpayer who fails, neglects or refuses to
produce such books and records either within or without
this jurisdiction, in addition to being subject to other
civil and criminal penalties provided by this chapter,
shall be subject to a jeopardy fee or tax assessment by
the Director.
(e) This penalty fee or jeopardy assessment shall
be deemed prima facie correct and shall be the amount
of fee or tax owing the Director by the taxpayer unless
he can prove otherwise by competent evidence. The tax-
payer shall be notified by mail by the Director of the
amount of tax so determined by jeopardy assessment,
together with any penalty and/or interest, and the total of
such amounts shall thereupon become immediately due
and payable. (Ord. 5343 §4 (part), 2017: Ord. 3187 §8,
1974)
3.72.090 OVERPAYMENT OR
UNDERPAYMENT OF TAX.
If, upon application by a taxpayer for a refund or for
an audit of his records, or upon any examination of the
returns or records of any taxpayer, it is determined by
the Director that within three (3) years immediately pre-
ceding receipt by the Director of the application by the
(Revised 1/18)3.72-4
taxpayer for a refund, or an audit, or, in the absence of
such an application, within the three (3) years immedi-
ately preceding the commencement by the Director of
such examination:
(1) A tax or other fee has been paid in excess
of that properly due, the total excess paid over all
amounts due to the City within such period of three (3)
years shall be credited to the taxpayer’s account or shall
be credited to the taxpayer at the taxpayer’s option. No
refund or credit shall be allowed with respect to the
Director more than three (3) years before the date of
such application or examination;
(2) A tax or other fee has been paid which is
less than that properly due, or no tax or other fee has
been paid, the Director shall mail a statement to the tax-
payer showing the balance due, including the tax
amount or penalty assessments and fees, and it shall be
a separate, additional violation of this chapter, both civil
and criminal, if the taxpayer fails to make payment in
full within ten (10) calendar days of such mailing. (Ord.
5343 §4 (part), 2017: Ord. 3187 §9, 1974)
3.72.100 FAILURE TO MAKE RETURN.
If any taxpayer fails, neglects or refuses to make
and file his return as and when required under this chap-
ter, the Director is authorized to determine the amount
of tax payable, together with any penalty and/or interest
assessed under the provisions of this chapter, and by
mail to notify such taxpayer of the amount so deter-
mined, which amount shall thereupon become the tax
and penalty and/or interest and shall become immedi-
ately due and payable. (Ord. 5343 §4 (part), 2017: Ord.
3187 §10, 1974)
3.72.110 TAX ADDITIONAL TO OTHERS.
The tax herein levied shall be additional to any
license fee or tax imposed or levied under any law or any
other ordinance of Bremerton, except as herein other-
wise expressly provided. (Ord. 5343 §4 (part), 2017:
Ord. 3187 §11, 1974)
3.72.120 RULEMAKING.
The Director shall have the authority to adopt, pub-
lish and enforce rules and regulations not inconsistent
with this chapter or with superior law, for the purpose of
carrying out the provisions hereof, and it shall be unlaw-
ful to violate or fail to comply with any such rule or reg-
ulation. (Ord. 5343 §4 (part), 2017: Ord. 3187 §12,
1974)
3.72.130 TAXES, PENALTIES AND FEES
CONSTITUTE DEBT TO
MUNICIPALITY.
Any tax due and unpaid under this chapter and all
penalties or fees shall constitute a debt to the City, a
municipal corporation, and may be collected by court
proceedings the same as any other debt in like amount
which shall be in addition to all other existing remedies.
(Ord. 5343 §4 (part), 2017: Ord. 3187 §13, 1974)
3.72.140 LIMITATION ON RIGHT TO
RECOVERY.
The right of recovery by the City from the taxpayer
for any tax provided hereunder shall be outlawed after
the expiration of five (5) calendar years from the date
said tax became due. The right of recovery against the
City because of overpayment of tax by any taxpayer
shall be outlawed after the expiration of five (5) calen-
dar years from the date such payment was made. (Ord.
5343 §4 (part), 2017: Ord. 3670 §3, 1981; Ord. 3187
§14, 1974)
3.72.150 EFFECTIVE DATE OF TAX.
This chapter shall provide for the gambling taxes
mentioned herein, to be retroactive to January 1, 1975.
(Ord. 5343 §4 (part), 2017: Ord. 3187 §17, 1974)
3.72.160 VIOLATION - PENALTIES.
Anyone who violates or fails to comply with any of
the provisions of this chapter shall, upon conviction, be
guilty of a civil infraction subject to the provisions of
Chapter 1.12 BMC, and each day any person shall con-
tinue to violate or fail to comply with the provisions of
this chapter shall be deemed and considered a separate
offense. (Ord. 5343 §4 (part), 2017: Ord. 4733, Reaf-
firmed; 11/30/2002; Ord. 4680, Amended, 12/17/1999;
Ord. 3894 §2, 1984; Ord. 3625 §28, 1980; Ord. 3187
§15, 1974)
3.74-1 (Revised 1/18)
Chapter 3.74
AMUSEMENT DEVICES
Sections:
3.74.010 ADMINISTRATIVE
PROVISIONS.
3.74.020 DEFINITIONS.
3.74.030 SHOOTING GALLERIES
UNLAWFUL.
3.74.040 LICENSE - REQUIRED.
3.74.050 AMUSEMENT DEVICE TAX.
3.74.060 DISPLAY OF OWNER’S NAME
AND ADDRESS ON
AMUSEMENT DEVICE
REQUIRED.
3.74.010 ADMINISTRATIVE PROVISIONS.
The provisions contained in Chapter 3.86 BMC
shall be fully applicable to the provisions of this chapter
except as expressly stated to the contrary herein. (Ord.
4859 §5 (in part), 2003)
3.74.020 DEFINITIONS.
For the purposes of this chapter, the definitions con-
tained in Chapter 3.48 BMC shall apply to the provi-
sions of this chapter as applicable unless the term is
defined otherwise in this chapter. In addition, the fol-
lowing definitions will apply:
(a) "Amusement device" means a game or device
which is primarily a game of skill, including, but not
limited to, games or devices requiring hand-eye coordi-
nation and/or intellectual processes, wherein achieving
high scores in playing the game is determined by the
skill of the players and not as a result of chance or an ele-
ment of chance as a part of the game. Amusement
devices may confer only an immediate and unrecorded
right of replay to the players. This includes, but is not
limited to, pool and billiard tables, shuffleboards, music
machines, video games, pinball games, riding devices,
televisions and devices for display of pictures or views
on film; provided, that it does not mean or include any
machine or twice used exclusively for the vending of
merchandise.
(b) "Amusement device owner" means a person,
corporation or firm who has legal title to an amusement
device, as defined in subsection (a) of this section, or
who as a purchaser is entitled to possession under a
retained title contract, conditional sales agreement, ven-
dor’s lien agreement or other purchase agreement of an
amusement device, as defined in subsection (c) of this
section.
(c) "Penny arcade" means a place of business
established chiefly for the amusement of its customers
by the use of amusement devices and/or other types of
coin-operated devices.
(d) "Shooting gallery" means a place of public
amusements where bullets, arrows or projectiles of any
kind may be shot, thrown in any manner or by the use of
any type of force or power, projected at targets, upon
payment of a fee or charge, or for other consideration.
Exempted from this definition are establishments that
provide electronic dart games. (Ord. 4859 §5 (in part),
2003; Ord. 4047 §1, 1986. Formerly 5.80.010)
3.74.030 SHOOTING GALLERIES
UNLAWFUL.
Because of the hazard to the public and in the inter-
est of public peace, health and safety, it is unlawful to
operate a shooting gallery or galleries in the city. (Ord.
4859 §5 (in part), 2003; Ord. 4047 §2, 1986. Formerly
5.80.020)
3.74.040 LICENSE - REQUIRED.
It is unlawful for any person, firm or corporation to
own and/or operate any amusement device for commer-
cial purposes without having first obtained and being the
holder of a valid city business license pursuant to the
terms and conditions set forth in Chapter 5.02 of this
code. (Ord. 4859 §5 (in part), 2003; Ord. 4047 §3(a),
1986. Formerly 5.80.030)
3.74.050 AMUSEMENT DEVICE TAX.
(a) Any person, firm or corporation which owns
any amusement device for commercial purposes shall be
required to remit to the city a tax which shall be equal to
the gross receipts derived therefrom multiplied by the
rate of two percent (2%).
(b) The tax shall be payable in quarterly install-
ments on or before the thirtieth day of the month follow-
ing the end of the calendar quarter.
(c) The tax remittance, as herein provided, shall be
accompanied by an amusement device location sched-
ule every calendar quarter.
(d) In the event that the amusement device tax is
not paid on or before the due date, there shall be added
to the amount due a penalty fee pursuant to BMC
3.86.110.
(e) In addition to this penalty, the city treasurer
may charge the taxpayer interest of one percent (1%) of
all taxes and fees due for each thirty (30) day period or
portion thereof that such amounts are past due.
(f) Failure to make payment in full of all tax
amounts and penalties within sixty (60) days following
the day the tax amount initially became due shall be both
a civil and criminal violation of this section. (Ord. 5343
§5, 2017; Ord. 4859 §5 (in part), 2003; Ord. 4047 §3(b),
1986. Formerly 5.80.040)
(Revised 1/18)3.74-2
3.74.060 DISPLAY OF OWNER’S NAME
AND ADDRESS ON AMUSEMENT
DEVICE REQUIRED.
(a) It is a violation of this chapter for the owner of
any amusement device to fail to display his/her name
and current address on each amusement device when in
use or available for use or play.
(b) It is unlawful for the owner, operator, manager,
or other person in charge of any place or location to per-
mit or allow to be used or played in such place any
amusement device not having attached thereto the name
and current address of the owner of the amusement
device. (Ord. 4859 §5 (in part), 2003; Ord. 4047 §4,
1986. Formerly 5.80.050)
3.82-1 (Revised 1/18)
Chapter 3.82
COMMERCIAL PARKING TAX
Sections:
3.82.010 DEFINITIONS.
3.82.020 TAX RATE - WHO MUST PAY.
3.82.030 PAYMENT OF TAX.
3.82.040 TAX - COLLECTION.
3.82.050 OVER OR UNDERPAYMENT
OF TAX.
3.82.060 PENALTY FOR LATE
PAYMENT.
3.82.070 VIOLATION - PENALTY.
3.82.080 APPEAL PROCEDURE.
3.82.090 CONFIDENTIALITY OF TAX
RETURNS.
3.82.100 DUTIES OF THE DIRECTOR.
3.82.110 USE OF PROCEEDS OF TAX.
3.82.010 DEFINITIONS.
For the purposes of this chapter, the following def-
initions shall apply unless the context indicates other-
wise:
A. "Commercial parking business" means the
ownership, lease, operation, or management of a com-
mercial parking lot in which fees are charged.
B. "Commercial parking lot" means a covered or
uncovered area with stalls for the purpose of parking
motor vehicles.
C. "Director" means the Director of Community
Development of the City or any officer, agent or
employee of the City designated to act on the Director’s
behalf.
D. "Gross proceeds" means and includes the gross
receipts collected or accruing by reason of the transac-
tion of the commercial parking business, without any
deduction on account of the cost of tangible property
sold, labor costs, interest, discount, taxes, or any other
costs or expenses whatsoever paid or accrued and with-
out any deduction on account of losses.
E. "Person" means any individual, association,
corporation, partnership, joint venture, trust, or other
entity.
F. “Tax and Licensing Division” means the Tax
and Licensing Division of the Department of Commu-
nity Development. (Ord. 5343 §6 (part), 2017: Ord.
4732, Reaffirmed, 11/30/2000; Ord. 4679, Added,
12/16/1999)
3.82.020 TAX RATE - WHO MUST PAY.
There is levied upon and shall be collected from
every person engaged in a commercial parking business
within the City a commercial parking tax in an amount
equal to fifteen percent (15%) of the gross proceeds of
the commercial parking business. (Ord. 5343 §6 (part),
2017: Ord. 5169 §1, 2011: Ord. 4879 §1, 2003; Ord.
4840, Amended, 01/03/2003; Ord. 4732, Reaffirmed,
11/30/2000; Ord. 4679, Added, 12/16/1999)
3.82.030 PAYMENT OF TAX.
A. The tax imposed by this chapter shall be due
and payable in quarterly installments, on or before the
last day of the month next succeeding the end of the
quarterly period in which the tax accrued. The quarterly
periods are as follows:
1. First quarter: January, February, March;
2. Second quarter: April, May, June;
3. Third quarter: July, August, September;
4. Fourth quarter: October, November,
December;
Tax payments shall be filed with the Tax and
Licensing Division.
B. The Director may require payment of the tax to
be accompanied by a written tax return, upon such form
and setting forth such information as the Director may
reasonably require in order to calculate the amount of
tax due to the City.
C. The Director shall have the right to require
proof of the gross proceeds of the commercial parking
business. Each person required to pay the tax imposed
by this chapter shall retain records reflecting the gross
proceeds of the commercial parking business and the
records shall be open at all reasonable hours to inspec-
tion by the Director or the Director’s designee.
D. If the payment of any tax due under this chap-
ter is not received by the City by the last day of the
month in which the tax becomes due, the tax shall be
delinquent. (Ord. 5343 §6 (part), 2017: Ord. 4732, Reaf-
firmed, 11/30/2000; Ord. 4679, Added, 12/16/1999)
3.82.040 TAX - COLLECTION.
The tax imposed by this chapter, and all penalties
thereon, shall constitute a debt to the City and may be
collected by court proceedings in the same manner as
any other debt in like amount, which remedy shall be in
addition to all other existing remedies. Any judgment
entered in favor of the City shall include an award to the
City of all court and collection costs, including attor-
neys’ fees. Amounts delinquent more than ninety (90)
days may be assigned to a third party for collection, in
which case the amount of any collection charges shall be
in addition to all other amounts owed. Amounts due
shall not be considered paid until the City has received
good funds for the full amount due or has discharged the
amount due and not paid. (Ord. 5343 §6 (part), 2017:
Ord. 4732, Reaffirmed, 11/30/2000; Ord. 4679, Added,
12/16/1999)
(Revised 1/18)3.82-2
3.82.050 OVER OR UNDERPAYMENT OF
TAX.
In the event that a person makes an overpayment,
and within two (2) years of the date of such overpay-
ment makes application for a refund or a credit, the per-
son’s claim shall be allowed and a refund made by the
City upon determination by the Director that no other
sums are owed by the person to the City. If a person
determines that the tax has been underpaid and without
notice by any party pays the amount due to the City, the
amount underpaid and corrected by the person shall not
be subject to penalty. (Ord. 5343 §6 (part), 2017: Ord.
4732, Reaffirmed, 11/30/2000; Ord. 4679, Added,
12/16/1999)
3.82.060 PENALTY FOR LATE PAYMENT.
If full payment of any tax due under this chapter is
not received by the Director by the last day of the month
in which the tax was due, there shall be added to such tax
a penalty pursuant to BMC 3.86.110. (Ord. 5343 §6
(part), 2017: Ord. 4732, Reaffirmed, 11/30/2000; Ord.
4679, Added, 12/16/1999)
3.82.070 VIOLATION - PENALTY.
A. It shall be a violation of this chapter:
(1) For a person required to pay a tax under
this chapter to fail or refuse to pay the tax imposed;
(2) For a person to evade payment of the tax,
or any part thereof;
(3) For a person to fail to appear and/or refuse
to testify in response to a subpoena issued in any pro-
ceeding under this chapter;
(4) For a person to testify falsely upon any
investigation into the correctness of a return, or upon the
hearing of any appeal; or
(5) For a person to in any manner hinder or
delay the City or any of its officers in carrying out the
provisions of this chapter.
B. A person violating any of the provisions of this
chapter, upon conviction thereof, shall be punished by a
fine of not more than five hundred dollars ($500.00). A
person is guilty of a separate offense for each and every
day during the portion of which any violation of any
provision of this chapter is committed, continued or per-
mitted by any such person, and shall be punished
accordingly. (Ord. 5343 §6 (part), 2017: Ord. 4732,
Reaffirmed, 11/30/2000; Ord. 4679, Added,
12/16/1999)
3.82.080 APPEAL PROCEDURE.
Any person aggrieved by the amount of the tax
determined to be due to the City by the Director under
the provisions of this chapter may appeal from such
determination by filing a written notice of appeal with
the Administrative Hearing Examiner pursuant to BMC
3.86.140. (Ord. 5343 §6 (part), 2017: Ord. 4732, Reaf-
firmed, 11/30/2000; Ord. 4679, Added, 12/16/1999)
3.82.090 CONFIDENTIALITY OF TAX
RETURNS.
The tax returns made to the City pursuant to this
chapter shall not be made public, nor shall they be sub-
ject to inspection by a person who is not an employee of
or under contract to the City and who is not acting in an
official capacity. It shall be unlawful for any person to
make public or to inform any unauthorized person as to
the contents of a tax return, or to permit inspection of a
tax return, except as authorized in this section or as
required by law. This section shall not be construed to
prohibit the disclosure of information received under
this chapter to the Federal Internal Revenue Service,
State Department of Revenue, or to tax enforcement
officials of any other city in the State of Washington for
official purposes only, and this section shall not be con-
strued to prohibit or make unlawful the disclosure of the
name and address of any person licensed under this
chapter, or of any person signing an application on
behalf of an applicant. (Ord. 5343 §6 (part), 2017: Ord.
4732, Reaffirmed, 11/30/2000; Ord. 4679, Added,
12/16/1999)
3.82.100 DUTIES OF THE DIRECTOR.
A. The Director shall keep full and accurate
records of all funds received under the provisions of this
chapter. Upon receipt of any tax or penalty collected
under the provisions of this chapter, the Director shall
deposit the amounts collected into the street fund of the
City.
B. In order to carry out the provisions of this
chapter, the Director shall have the power to adopt, pub-
lish and enforce rules and regulations consistent with
this chapter.
C. The Director for good cause shown may extend
the time for making and filing any tax return required
under this chapter; provided, that any extension in
excess of thirty (30) days shall be conditioned upon pay-
ment of interest of one percent (1%) for each thirty (30)
days or portion thereof on the amount of tax from the
date upon which the tax became due. (Ord. 5343 §6
(part), 2017: Ord. 4732, Reaffirmed, 11/30/2000; Ord.
4679, Added, 12/16/1999)
3.82.110 USE OF PROCEEDS OF TAX.
The proceeds of the tax imposed and collected pur-
suant to this chapter shall be used strictly for transporta-
tion purposes in accordance with RCW 82.80.070. (Ord.
5343 §6 (part), 2017: Ord. 4732, Reaffirmed,
11/30/2000; Ord. 4679, Added, 12/16/1999)
3.86-1 (Revised 1/18)
Chapter 3.86
ADMINISTRATIVE PROVISIONS FOR TAXES
Sections:
3.86.015 APPLICATION OF CHAPTER
STATED.
3.86.020 DEFINITIONS.
3.86.025 DEFINITIONS - REFERENCES
TO CHAPTER 82.32 RCW.
3.86.030 BUSINESS LICENSES.
3.86.040 WHEN DUE AND PAYABLE -
REPORTING PERIODS -
MONTHLY, QUARTERLY, AND
ANNUAL RETURNS -
THRESHOLD PROVISIONS OR
RELIEF FROM FILING
REQUIREMENTS -
COMPUTING TIME PERIODS -
FAILURE TO FILE RETURNS.
3.86.050 PAYMENT METHODS -
MAILING RETURNS OR
REMITTANCES - TIME
EXTENSION - DEPOSITS -
RECORDING PAYMENTS -
PAYMENT MUST
ACCOMPANY RETURN - NSF
CHECKS.
3.86.060 RECORDS TO BE PRESERVED
- EXAMINATION - ESTOPPEL
TO QUESTION ASSESSMENT.
3.86.070 ACCCOUNTING METHODS.
3.86.080 PUBLIC WORK CONTRACTS -
PAYMENT OF FEE AND TAX
BEFORE FINAL PAYMENT
FOR WORK.
3.86.090 UNDERPAYMENT OF TAX,
INTEREST OR PENALTY -
INTEREST.
3.86.095 TIME IN WHICH ASSESSMENT
MAY BE MADE.
3.86.100 OVERPAYMENT OF TAX,
PENALTY, OR INTEREST -
CREDIT OR REFUND -
INTEREST RATE - STATUTE
OF LIMITATIONS.
3.86.110 LATE PAYMENT - DISREGARD
OF WRITTEN INSTRUCTIONS
- EVASION - PENALTIES.
3.86.120 CANCELLATION OF
PENALTIES.
3.86.130 TAXPAYER QUITTING
BUSINESS - LIABILITY OF
SUCCESSOR.
3.86.140 ADMINISTRATIVE APPEAL.
3.86.160 DIRECTOR TO MAKE RULES.
3.86.170 ANCILLARY ALLOCATION
AUTHORITY OF DIRECTOR.
3.86.180 MAILING OF NOTICES.
3.86.190 TAX DECLARED
ADDITIONAL.
3.86.200 PUBLIC DISCLOSURE -
CONFIDENTIALITY -
INFORMATION SHARING.
3.86.210 TAX CONSTITUTES DEBT.
3.86.220 UNLAWFUL ACTIONS -
VIOLATION - PENALTIES.
3.86.230 SUSPENSION OR
REVOCATION OF BUSINESS
LICENSE.
3.86.240 CLOSING AGREEMENT
PROVISIONS.
3.86.250 CHARGE-OFF OF
UNCOLLECTIBLE TAXES.
3.86.260 SEVERABILITY.
3.86.015 APPLICATION OF CHAPTER
STATED.
The provisions of this chapter shall apply with
respect to the licenses and taxes imposed under Chapter
5.02 BMC, "General Business Licenses," Chapter 3.48
BMC, "Business and Occupation Taxes," Chapter 3.50
BMC, "Utility Taxes," and under other titles, chapters,
and sections in such manner and to such extent as indi-
cated in each such title, chapter or section. (Ord. 5028
§2 (part), 2007: Ord. 4845, Added, 01/03/2003)
3.86.020 DEFINITIONS.
For purposes of this chapter:
The definitions contained in Chapter 3.48 BMC
shall apply equally to the provisions of this chapter
unless the term is defined otherwise in this chapter. In
addition, the following definitions will apply:
"Reporting period" means:
(1) A one (1) month period beginning the first day
of each calendar month (monthly); or
(2) A three (3) month period beginning the first
day of January, April, July or October of each year
(quarterly); or
(3) A twelve (12) month period beginning the first
day of January of each year (annual).
"Return" means any document a person is required by
the City to file to satisfy or establish a tax or fee obliga-
tion that is administered or collected by the City and that
has a statutorily defined due date.
"Successor" means any person to whom a taxpayer
quitting, selling out, exchanging, or disposing of a busi-
ness sells or otherwise conveys, directly or indirectly, in
bulk and not in the ordinary course of the taxpayer’s
business, any part of the materials, supplies, merchan-
(Revised 1/18)3.86-2
dise, inventory, fixtures, or equipment of the taxpayer.
Any person obligated to fulfill the terms of a contract
shall be deemed a successor to any contractor defaulting
in the performance of any contract as to which such per-
son is a surety or guarantor.
"Tax year" or "taxable year" means the calendar
year. (Ord. 5028 §2 (part), 2007: Ord. 4845, Added,
01/03/2003)
3.86.025 DEFINITIONS - REFERENCES TO
CHAPTER 82.32 RCW.
Where provisions of Chapter 82.32 RCW are incor-
porated in BMC 3.86.090, "Department" as used in the
RCW shall refer to the "Director" as defined in BMC
3.48.030 and "warrant" as used in the RCW shall mean
"citation or criminal complaint." (Ord. 5028 §2 (part),
2007)
3.86.030 BUSINESS LICENSES.
Business licenses shall be issued pursuant to Chap-
ter 5.02 BMC. (Ord. 5028 §2 (part), 2007)
3.86.040 WHEN DUE AND PAYABLE -
REPORTING PERIODS -
MONTHLY, QUARTERLY, AND
ANNUAL RETURNS -
THRESHOLD PROVISIONS OR
RELIEF FROM FILING
REQUIREMENTS - COMPUTING
TIME PERIODS - FAILURE TO
FILE RETURNS.
(1) Other than any annual license fee or registra-
tion fee assessed under Chapter 5.02 BMC, the tax
imposed by those chapters set forth in BMC 3.86.015
shall be due and payable in quarterly installments unless
otherwise specifically provided for therein. At the
Director’s discretion, businesses may be assigned to a
monthly or annual reporting period depending on the tax
amount owing or type of tax. Tax payments are due on
or before the last day of the next month following the
end of the assigned reporting period covered by the
return.
(2) Taxes shall be paid as provided in this chapter
and accompanied by a return on forms as prescribed by
the Director. The return shall be signed by the taxpayer
personally or by a responsible officer or agent of the tax-
payer. The individual signing the return shall swear or
affirm that the information in the return is complete and
true.
(3) Tax returns must be filed and returned by the
due date whether or not any tax is owed.
(4) For purposes of the tax imposed by Chapter
3.48 BMC, any person whose value of products, gross
proceeds of sales, or gross income of the business, sub-
ject to business and occupation tax after all allowable
deductions, is equal to or less than the tax exemption
amount set forth in BMC 3.48.050(2) in the current cal-
endar year shall file a return, declare no tax due on their
return, and submit the return to the Director. The gross
receipts, deduction amounts and exemptions shall be
entered on the tax return even though no tax may be due.
(5) A taxpayer that commences to engage in busi-
ness activity shall file a return and pay the tax or fee for
the portion of the reporting period during which the tax-
payer is engaged in business activity.
(6) Except as otherwise specifically provided by
any other provision of this chapter, in computing any
period of days prescribed by this chapter, the day of the
act or event from which the designated period of time
runs shall not be included. The last day of the period
shall be included unless it is a Saturday, Sunday, or City
or federal legal holiday, in which case the last day of
such period shall be the next succeeding day which is
neither a Saturday, Sunday, or City or federal legal hol-
iday.
(7) If any taxpayer fails, neglects or refuses to
make a return as and when required in this chapter, the
Director is authorized to determine the amount of the tax
or fees payable by obtaining facts and information upon
which to base the Director’s estimate of the tax or fees
due. Such assessment shall be deemed prima facie cor-
rect and shall be the amount of tax owed to the City by
the taxpayer. The Director shall notify the taxpayer by
mail of the amount of tax so determined, together with
any penalty, interest, and fees due; the total of such
amounts shall thereupon become immediately due and
payable. (Ord. 5343 §7, 2017: Ord. 5028 §2 (part),
2007: Ord. 4845, Added, 01/03/2003)
3.86.050 PAYMENT METHODS - MAILING
RETURNS OR REMITTANCES -
TIME EXTENSION - DEPOSITS -
RECORDING PAYMENTS -
PAYMENT MUST ACCOMPANY
RETURN - NSF CHECKS.
(1) Taxes shall be paid to the Director in United
States currency by bank draft, certified check, cashier’s
check, personal check, money order, cash, or by wire
transfer or electronic payment if such wire transfer or
electronic payment is authorized by the Director. If pay-
ment so received is not paid by the bank on which it is
drawn, the taxpayer, by whom such payment is ten-
dered, shall remain liable for payment of the tax and for
all legal penalties, the same as if such payment had not
been tendered. Acceptance of any sum by the Director
shall not discharge the tax or fee due unless the amount
paid is the full amount due.
(2) A return or remittance that which is transmitted
to the City by United States mail shall be deemed filed
or received on the date shown by the cancellation mark
stamped by the Post Office upon the envelope contain-
ing it. The Director may allow electronic filing of
5.02-1 (Revised 1/18)
Chapter 5.02
GENERAL BUSINESS LICENSES
Sections:
5.02.010 TITLE.
5.02.020 POWER TO LICENSE FOR
REGULATION AND/OR
REVENUE.
5.02.030 ADMINISTRATIVE
PROVISIONS.
5.02.040 DEFINITIONS.
5.02.050 ADMINISTRATION AND
ENFORCEMENT.
5.02.060 GENERAL BUSINESS LICENSE
REQUIRED.
5.02.070 SEPARATE GENERAL
BUSINESS LICENSE
REQUIRED.
5.02.080 LICENSES NOT
TRANSFERABLE.
5.02.090 LICENSE TO BE POSTED.
5.02.100 DISCLAIMER OF CITY
LIABILITY.
5.02.110 GENERAL QUALIFICATIONS
OF LICENSEES.
5.02.120 APPLICATION PROCEDURE,
LICENSE FEE.
5.02.130 APPROVAL AND ISSUANCE
OF BUSINESS LICENSE.
5.02.140 RENEWAL.
5.02.150 APPLICATION AS PUBLIC
RECORD.
5.02.160 NONPAYMENT OF BUSINESS
LICENSE FEE.
5.02.170 GROUNDS FOR DENIAL OR
REVOCATION OF LICENSE.
5.02.180 DENIAL AND REVOCATION -
PROCEDURE.
5.02.190 UNLAWFUL - VIOLATIONS
AND PENALTIES.
5.02.010 TITLE.
This chapter shall constitute the business license
code of the city and may be cited as such. (Ord. 4842,
Repealed & Replaced, 01/03/2003)
5.02.020 POWER TO LICENSE FOR
REGULATION AND/OR
REVENUE.
This chapter is adopted by the city, exercising its
power authorized under general law to license for the
privilege of engaging in business in the City and revoke
the license for cause, to regulate, make inspections and
to impose excises for revenue or regulation in regard to
all places and kinds of businesses, occupations, trades,
professions and any other lawful activity, as such power
is described in the RCW 35.22.280(32). The provisions
of this chapter shall be liberally construed for the
accomplishment of such purposes. (Ord. 4842,
Repealed & Replaced, 01/03/2003)
5.02.030 ADMINISTRATIVE PROVISIONS.
The provisions contained in Chapter 3.86 BMC
shall be fully applicable to the provisions of this chapter
except as expressly stated to the contrary herein. (Ord.
4842, Repealed & Replaced, 01/03/2003)
5.02.040 DEFINITIONS.
For the purposes of this chapter, the definitions set
forth in Chapter 3.48 BMC shall apply to this chapter as
applicable. In addition, the following definitions will
apply:
"Ancillary rental" means (1) the renting and/or leas-
ing of real property by a person as secondary to the pri-
mary business use by said person for which a business
license is issued pursuant to this chapter, or (2) the rent-
ing or leasing of a single portion of a residence that is
within the structure of the primary residence of the land-
lord, such as the renting of a single bedroom; this does
not include a separate or secondary dwelling unit which
includes all accessory dwelling units.
"Casual rental" means the renting of the primary
residence of the landlord for a period of four (4) months
or less in any given calendar year.
"Engaging in business" shall also include the rent-
ing and/or leasing of real property except for casual
rentals or ancillary rentals.
"License to use" means a personal privilege to do
some particular act or series of acts on real property
without possessing any estate or interest therein.
"Possessory interest" means the right to exert con-
trol over specific real property, or a portion thereof, to
the exclusion of others.
"Renting and/or leasing of real property" means the
creation of a possessory interest in residential, commer-
cial and/or industrial real property of another party by
lease, sublease, expressed or implied rental agreement,
or tenancy from period to period, for the purpose of
gain, and includes leases or rentals in mixed use struc-
tures. The renting and/or leasing of real property does
not include the license to use real property. (Ord. 5333
§8, 2017: Ord. 4842, Repealed & Replaced,
01/03/2003)
5.02.050 ADMINISTRATION AND
ENFORCEMENT.
(a) The Director of Community Development, or
designee, shall have general charge of, and supervision
over, the administration and enforcement of this chapter
(Revised 1/18)5.02-2
and shall exercise such power and perform all the duties
imposed upon him or her.
(b) Applicant shall, upon reasonable request, pro-
vide or allow the Director to inspect relevant documen-
tation of any licensee for verification of the information
provided by applicant/licensee on the business license
application.
(c) The Director may establish administrative
rules and regulations as deemed appropriate, consistent
with this chapter for the purpose of enforcing and carry-
ing out its provisions. (Ord. 5343 §8, 2017: Ord. 4842,
Repealed & Replaced, 01/03/2003)
5.02.060 GENERAL BUSINESS LICENSE
REQUIRED.
Any person who "engages in business" activities in
the City as this term is defined in Chapter 3.48 BMC and
this chapter shall first obtain a general business license
for the current calendar year or unexpired portion
thereof, and pay the fees prescribed in this chapter.
Applications for general business licenses shall be filed
with the Tax and Licensing Division. (Ord. 5343 §9,
2017: Ord. 4842, Repealed & Replaced, 01/03/2003)
5.02.070 SEPARATE GENERAL BUSINESS
LICENSE REQUIRED.
A separate license shall be obtained for each
branch, establishment or location at which the business
related activity is carried on, and each license shall
authorize the licensee to carry on, pursue or conduct
only that business, or business enterprise at that loca-
tion. A separate license shall not be required for a busi-
ness activity determined by the Director to be an
accessory activity to a branch, establishment or location
for which a license is issued. A separate license shall not
be required for the renting and/or leasing of real prop-
erty in multiple locations which shall be considered a
single business encompassing all rental or leased units
in the city by a single owner. (Ord. 4842, Repealed &
Replaced, 01/03/2003)
5.02.080 LICENSES NOT TRANSFERABLE.
No license issued under the provisions of this chap-
ter shall be transferable or assignable unless otherwise
specifically provided for herein. A license may be trans-
ferred 1) when a business changes its structure which
does not result in a substantial change of ownership or,
2) when there is no substantial change in the type of
business operated. A new license shall be required when
the place of a business location is changed, there is a
substantial change of ownership of a business or there is
a substantial change in the type of business operated.
(Ord. 4842, Repealed & Replaced, 01/03/2003)
5.02.090 LICENSE TO BE POSTED.
All licenses issued pursuant to this chapter shall be
posted in a conspicuous place at such location. No per-
son to whom a license has been issued pursuant to this
chapter shall allow any person for whom a separate
license is required, to operate under or to display such
license, nor shall such other person operate under or dis-
play such license. (Ord. 4842, Repealed & Replaced,
01/03/2003)
5.02.100 DISCLAIMER OF CITY
LIABILITY.
Issuance of a license pursuant to this chapter does
not constitute the creation of a duty by the city to indem-
nify the licensee for any wrongful acts against the pub-
lic, or to guarantee the quality of goods, services or
expertise of a licensee. The issuance of a license does
not shift responsibility from the licensee to the city for
proper training, conduct or equipment of the licensee or
his agents, employees or representatives, even if spe-
cific regulations require standards of training, conduct
or inspection. (Ord. 4842, Repealed & Replaced,
01/03/2003)
5.02.110 GENERAL QUALIFICATIONS OF
LICENSEES.
(a) No license shall be issued, nor shall any license
be renewed, pursuant to the provisions of this chapter to:
(1) An applicant who is not eighteen (18)
years of age at the time of application;
(2) An applicant who has had a similar license
denied or revoked pursuant to BMC 5.02.180;
(3) An applicant who shall not first comply
with the general laws of the state; or
(4) An applicant who seeks such a license in
order to practice some illegal act or some act injurious
to the public health or safety. (Ord. 4842, Repealed &
Replaced, 01/03/2003)
5.02.120 APPLICATION PROCEDURE,
LICENSE FEE.
(a) The business owner shall make application for
any business license required under this chapter to the
Director on a form prepared by the department, which
application shall be accompanied by a receipt from the
department showing payment of the required fee. Busi-
ness licenses shall be granted annually. The license
application fee will be reduced by one-half of the fee for
applications received for businesses which begin opera-
tion between July 1st to December 31st of the calendar
year for which the license is to be issued and is nonre-
fundable whether or not the license application is later
denied.
(b) The fee for a business licensee shall be as set
forth in Chapter 3.01 BMC as currently enacted and as
5.02-2.1 (Revised 1/18)
hereinafter amended. (Ord. 5343 §10, 2017: Ord. 4842,
Repealed & Replaced, 01/03/2003)
5.02.130 APPROVAL AND ISSUANCE OF
BUSINESS LICENSE.
All licenses approved for issuance by the Director
shall be conditioned upon compliance at all times with
all applicable ordinances, regulations and statutes of the
city and the state. Upon issuance, the license shall be
valid as long as licensee continues in business and pays
the license fee and occupation tax due pursuant to the
provisions of this chapter and chapters 3.48 BMC and
3.86 BMC and shall continue to be valid until the expi-
ration date, which
5.03-1 (Revised 1/18)
Chapter 5.03
GENERAL PROVISIONS FOR REGULATORY
LICENSES
Sections:
5.03.010 PURPOSE.
5.03.020 ADMINISTRATIVE
PROVISIONS.
5.03.030 DEFINITIONS.
5.03.040 LICENSE REQUIRED -
APPLICATIONS.
5.03.050 LICENSE ISSUANCE - FEES.
5.03.060 GROUNDS FOR DENIAL OR
REVOCATION OF LICENSE.
5.03.070 DENIAL AND REVOCATION -
PROCEDURE.
5.03.080 FACILITY STANDARDS.
5.03.090 OPERATING REQUIREMENTS.
5.03.100 SALE OR TRANSFER OR
CHANGE OF LOCATION.
5.03.110 APPLICABILITY.
5.03.120 RULEMAKING.
5.03.130 ADDITIONAL LICENSES.
5.03.140 UNLAWFUL - VIOLATIONS
AND PENALTIES.
5.03.010 PURPOSE.
(a) 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 resi-
dents.
(b) This chapter is not intended to create or other-
wise 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.
(c) 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 provi-
sion of, nor term used in, this chapter is intended to
impose any mandatory duty upon the City or any of its
officers or employees.
(d) 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 connec-
tion with the implementation or enforcement of this
chapter on the part of the City by its officers, employees
or agents. (Ord. 4859 §3 (in part), 2003; Ord. 4162 §1,
1988)
5.03.020 ADMINISTRATIVE PROVISIONS.
The provisions contained in Chapter 3.86 BMC
shall be fully applicable to the provisions of this chapter
except as expressly stated to the contrary herein. (Ord.
4859 §3 (in part), 2003; Ord. 4162 §1, 1988)
5.03.030 DEFINITIONS.
For the purposes of this chapter, the definitions con-
tained in Chapter 3.48 BMC shall apply equally to the
provisions of this chapter as applicable unless the term
is defined otherwise in this chapter. (Ord. 4859 §3 (in
part), 2003)
5.03.040 LICENSE REQUIRED -
APPLICATIONS.
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. Where the license applicant is a partnership,
the term "applicant" shall include principal partners and
managers. Applications shall be filed with the Tax and
Licensing Division. Each applicant shall provide, at a
minimum, the following information:
(a) True name and any assumed names or aliases
used.
(b) Home address and telephone number.
(c) Sex, weight, height, color of eyes and hair.
(d) Date of birth.
(e) 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.
(f) The business occupation and/or employment
history of the applicant for the five (5) years immedi-
ately preceding the date of application.
(g) Residence address(es) of the applicant for the
five (5) years preceding the date of application.
(h) The business name, business address, and tele-
phone number of the proposed business.
(i) A listing and explanation of all services to be
provided.
(j) A description of any other business activity to
be conducted on the premises or adjoining premises
owned and controlled by the applicant.
(k) The principal enterprise of the business if dif-
ferent from the activity being licensed.
(l) 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 con-
victing court and the disposition thereof.
(m) Written declaration by the applicant under pen-
alty of perjury, that the foregoing information contained
in the application is true and correct, said declaration
being duly stated and signed.
(Revised 1/18)5.03-2
(n) Such other relevant identification and informa-
tion necessary as the Director may reasonably require to
discover the truth of statements made in the application.
(o) Authorization for the City, its agents and
employees to seek information and conduct an investi-
gation into the truth of the statements set forth in the
application and the qualifications of the applicant for the
license. (Ord. 5343 §11, 2017: Ord. 4859 §3 (in part),
2003; Ord. 4162 §1, 1988)
5.03.050 LICENSE ISSUANCE - FEES.
(a) Applications for regulatory licenses must be
received by the Tax and Licensing Division at least
three (3) weeks prior to issuance.
(b) License fees will be due upon application.
The City Council shall establish appropriate fees
pursuant to Chapter 3.01 BMC. (Ord. 5343 §12, 2017:
Ord. 4859 §3 (in part), 2003; Ord. 4162 §1, 1988)
5.03.060 GROUNDS FOR DENIAL OR
REVOCATION OF LICENSE.
In addition to the other penalties provided by law,
any regulatory license issued under the provisions of
this title may be denied or revoked pursuant to the pro-
visions of this chapter at any time, where:
(a) The required information has not been pro-
vided or the correct license fee has not been tendered to
the City and in the case of a check or bank draft, not hon-
ored with payment upon presentation.
(b) The application is not in compliance with Fed-
eral, State or local laws.
(c) The license was procured by fraud, false repre-
sentation or material omission of fact, or for the viola-
tion of or failure to comply with any of the provisions of
this title by the person holding such license, or any of his
servants, agents or employees, while acting within the
scope of their employment.
(d) The licensee or employee of the licensee vio-
lates any of the provisions of the applicable chapter
under this title or any applicable City, State or Federal
law, including, but not limited to, Chapters 3.48, 3.50,
3.86 and 5.02 BMC, or the purpose for which the license
was issued is being abused to the detriment of the pub-
lic, or such license is being used for a purpose different
from that for which it was issued.
(e) The licensee submits a false or fraudulent City
tax return or makes a false statement on any City tax
return.
(f) The licensee fails to pay any license fee or tax
to the City when due including, but not limited to, any
taxes pursuant to BMC Title 3.
(g) The licensee or employee has been convicted
of a crime involving the business.
(h) The applicant is not eighteen (18) years of age
or older. (Ord. 4859 §3 (in part), 2003; Ord. 4162 §1,
1988)
5.03.070 DENIAL AND REVOCATION -
PROCEDURE.
(a) Any application for the issuance or renewal of
a license issued under this title may be denied, or any
license issued under this title may be revoked based on
one or more of the grounds set forth in BMC 5.03.060.
(b) The Director, or designee, ("Director") having
the authority to issue said license shall have the power
and authority to deny the issuance of or revoke any
license issued under the provisions of this title. The
Director shall notify such licensee in writing by certified
mail or personal service of the denial or revocation of
his or her license application or license and the grounds
therefor.
(c) Any applicant or licensee may, within fourteen
(14) calendar days from the date that the denial or revo-
cation notice was mailed to the applicant or licensee,
appeal from such denial or revocation by filing a written
notice of appeal setting forth the grounds therefor with
the Administrative Hearing Examiner pursuant to Chap-
ter 2.13 BMC. A filing fee as set forth in Chapter 3.01
BMC shall be submitted with the appeal, which filing
fee is required to process the appeal. The hearing shall
be conducted in accordance with the procedures for
hearing contested cases set out in Chapter 2.13 BMC.
After the hearing thereon the Administrative Hearing
Examiner shall, after appropriate findings of fact, and
conclusions of law, affirm, modify, or overrule the
denial or revocation and order issuance or reinstatement
of the license, and may impose any terms thereupon.
(d) No renewal or revocation of a license issued
pursuant to the provisions of this chapter shall take
effect until fourteen (14) calendar days after service of
the notice thereof by the Director, and if the appeal is
timely filed, the renewal or revocation shall be stayed
pending final action by the Administrative Hearing
Examiner. All licenses which are revoked shall be sur-
rendered to the City on the effective date of such revo-
cation.
(e) The decision of the Administrative Hearing
Examiner shall be final. The applicant or licensee and/or
the City may seek review of the decision by the Superior
Court of Washington in and for Kitsap County within
twenty-one (21) calendar days from the date of the deci-
sion. If review is sought as herein prescribed the renewal
or revocation shall be stayed pending final action by the
Superior Court.
(f) When revoked, the license shall be canceled
and immediately surrendered to the Director. Upon
revocation of any license as provided in this chapter, no
portion of the license fee shall be returned to the
licensee.
(g) Upon denial or revocation, the person whose
application was denied or license revoked shall not be
granted a license for a business, upon any new applica-
tion that may be made, for a period of ninety (90) calen-
5.03-3 (Revised 1/18)
dar days from date of denial or revocation and further,
no license shall be issued until such person cures any
defaults that resulted in the denial or revocation.
(h) A denial or revocation of a general business
license pursuant to Chapter 5.02 BMC shall constitute
an automatic denial or revocation of a related regulatory
license issued under this title to the business for which
the general business license was issued, and the proce-
dures set forth in this section shall not be applicable.
(Ord. 4859 §3 (in part), 2003; Ord. 4162 §1, 1988)
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. (Ord. 4859 §3 (in part), 2003; Ord.
4162 §1, 1988)
5.03.090 OPERATING REQUIREMENTS.
It shall be the duty of the licensee and its employees
to meet the following operating requirements:
(a) The regulatory license shall be prominently
posted in a location of public view in the licensee’s
place of business at all times and such permit shall not
be tampered with in any manner.
(b) No establishment granted a license under the
provisions of this chapter shall place, publish or distrib-
ute or cause to be placed, published or distributed any
advertisement, picture or statement which is known or
through exercise of reasonable care should be known to
be false, deceptive or misleading in order to induce any
person to purchase or utilize goods or services of the
business.
(c) 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.
(Ord. 4859 §3 (in part), 2003; Ord. 4162 §1, 1988)
5.03.100 SALE OR TRANSFER OR CHANGE
OF LOCATION.
Upon sale, lease, transfer, or relocation of a busi-
ness, the regulatory license thereof shall be null and
void. (Ord. 4859 §3 (in part), 2003; Ord. 4162 §1, 1988)
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. (Ord. 4859 §3 (in
part), 2003; Ord. 4162 §1, 1988)
5.03.120 RULEMAKING.
The Director shall have the authority to adopt, pub-
lish, 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. (Ord. 5343 §13, 2017: Ord. 4859 §3 (in part), 2003;
Ord. 4162 §1, 1988)
5.03.130 ADDITIONAL LICENSES.
The issuance of a license under this chapter shall
not relieve the licensee from securing any other licensee
from securing any other license(s) required by Federal,
State or local law. (Ord. 4859 §3 (in part), 2003; Ord.
4162 §1, 1988)
5.03.140 UNLAWFUL - VIOLATIONS AND
PENALTIES.
(a) It shall be unlawful:
(1) For any person to engage in business with-
out having obtained a regulatory license as required in
this title or for a person to engage in business after
denial of a license application or renewal or after revo-
cation of a regulatory license.
(2) For the president, vice-president, secre-
tary, treasurer, or other officer of any company to
engage in business without having obtained a regulatory
license as required in this title or for a person to engage
in business after denial of a regulatory license applica-
tion or renewal or after revocation of a regulatory
license.
(3) For any person to violate any provision of
this chapter.
(b) Nonpayment penalty. Failure to pay the license
fee within ninety (90) days after the date of expiration
shall subject the licensee to a monetary penalty in the
amount of fifty dollars ($50.00) to reinstate the license,
in addition to the required license fee.
(c) Civil penalties. In addition to any other viola-
tion set forth in this title, any violation of subsection (a)
of this section constitutes a civil violation under Chapter
1.04 BMC for which a monetary penalty may be
assessed and enforcement may be required as provided
therein.
(d) Criminal penalties. In addition to the foregoing
penalties or any violation set forth in Chapter 3.86 BMC
relating to the administration of this chapter, any person
who violates or fails to comply with subsection (a) of
this section shall, upon conviction, be punished as
described in the general criminal penalty provisions of
BMC 1.12.020(2). Such person will be guilty of this vio-
lation for each day, or portion thereof, during which the
business is so engaged or carried on. (Ord. 4859 §3 (in
part), 2003)
5.08-1 (Revised 1/18)
Chapter 5.08
STREET VENDORS
Sections:
5.08.010 LICENSE REQUIRED.
5.08.020 DEFINITIONS.
5.08.030 LICENSE APPLICATION.
5.08.040 LOCATION REVIEW.
5.08.050 HEALTH AND SAFETY
STANDARDS.
5.08.060 OPERATING CONDITIONS.
5.08.070 LICENSE - RENEWALS.
5.08.080 LICENSE - REVOCATION.
5.08.010 LICENSE REQUIRED.
It is unlawful for any person to engage in street
vending in the City without first obtaining a regulatory
license in addition to a business license. Applications
for regulatory licenses shall be filed with the Tax and
License Division. (Ord. 5343 §14, 2017: Ord. 5140 §3
(part), 2011)
5.08.020 DEFINITIONS.
(a) "Director" means the Director of Community
Development of the City or any officer, agent or
employee of the City designated to act on the Director’s
behalf.
(b) "Street vending" shall mean one who sells
food, nonalcoholic beverages, flowers, plants, or other
merchandise to the public from any stand, booth, cart,
basket, tray, table or other device on any sidewalk,
street, highway or public place.
(c) "Street vending site" shall mean the location of
the street vending unit.
(d) "Street vending unit" shall mean the cart, tables
and other equipment used in conjunction with a street
vending site.
(e) "Tax and Licensing Division" means the Tax
and Licensing Division of the Department of Commu-
nity Development. (Ord. 5343 §15, 2017: Ord. 5140 §3
(part), 2011)
5.08.030 LICENSE APPLICATION.
In order to obtain a regulatory license for street
vending, an applicant must submit, in addition to the
information required in BMC 5.03.050 for a regulatory
license, the following:
(a) A copy of the street vendor’s regulatory license
application and appropriate fee as set forth in Chapter
3.01 BMC.
(b) The name and home and business addresses of
the applicant, and the name and address of the owner, if
other than the applicant, of the vending business or
street vending unit to be used in the operation of the
vending business.
(c) A copy of the current City business license or
a copy of the business license application and appropri-
ate fee.
(d) Written approval for the vending by the abut-
ting property owner. The abutting property owner may
revoke said approval upon written notice to the Director,
in which case the license shall be revoked pursuant to
BMC 5.08.080.
(e) A description of the desired location and adja-
cent businesses and an accurate drawing showing the
public area to be used, along with plans detailing the
design and size of the vending unit to be used.
(f) A license or other written document from the
Kitsap County Health District granting approval for
each food and/or beverage vending unit.
(g) A license or other written document from the
Fire Department granting approval for vendors using
flammable substances.
(h) Written approval from the City Parks and Rec-
reation Department and/or Bremerton School District
granting approval if the vending unit will be placed
within two hundred (200) feet of a public park, school
and/or playground.
(i) A certificate of insurance naming the City as an
additional insured. The minimum liability coverage
must be five hundred thousand dollars ($500,000) com-
bined single limit bodily injury and property damage,
including products liability if food vending. A certifi-
cate of insurance shall be provided to the City for review
prior to issuance of the license.
A street regulatory license for street vending is
wholly of a temporary nature and vests no permanent
rights or interest in property. The City may reject an
application and deny a license for health, safety, public
welfare and other related reasons. An application
expires after thirty (30) days of filing if the required
information is not submitted to the City during the thirty
(30) day period. The Director may grant an extension at
his or her discretion. (Ord. 5140 §3 (part), 2011)
5.08.040 LOCATION REVIEW.
Upon receipt of an application for a license or
license renewal, the Director shall review the location to
determine if it is suitable for vending. In making this
determination, the Director shall consider the following
criteria:
(a) A sidewalk vending unit is limited to one (1)
assigned location.
(b) No license shall be issued for a location within
ten (10) feet of a driveway, wheelchair ramp, bus stop
sign, or crosswalk at any intersection or any location
which unreasonably interferes with the public’s or city’s
use of the right-of-way. The location of the vending unit
shall not reduce or obstruct pedestrian passage on the
(Revised 1/18)5.08-2
sidewalk to less than five (5) feet to the nearest street
trees, utility poles, traffic control signs and devices,
parking meters, fire hydrants, buildings and other simi-
lar devices and structures. Such width shall be measured
after including the dimensions of the cart, and any sup-
port equipment or accessories placed adjacent to the cart
during operation. Furthermore, such placement shall be
consistent with any applicable standards established by
the Americans with Disabilities Act and shall not
obstruct vehicular traffic or parking or the use of any
crosswalk, wheelchair ramp, bus, or taxi zone.
(c) The license operating area for a street vending
unit must be within a commercial or industrial zone as
such is defined in the Bremerton Zoning Code. A street
vending unit shall not be licensed in areas where zoning
on adjacent private property is classified as residential.
(d) No license for a vendor shall be issued for a
proposed vending site located within one hundred (100)
feet of an existing vendor or retail store premises in
which the license applicant’s product is the primary
product of the existing vendor’s site or retail store with-
out the written consent of said licensed vendor or retail
store. This distance requirement shall not apply to appli-
cations for special events or festivals issued under a
master use license issued pursuant to Chapter 5.36
BMC.
(e) If a proposed vending site is located within
two hundred (200) feet of a park or public school, the
vendor must present written consent of the City’s Direc-
tor of Parks and Recreation or the school district, respec-
tively; if a proposed vending site is located within two
hundred (200) feet of a private school, the vendor must
present written consent of the administrator or manager
of the private school. This distance requirement shall
not apply to applications for special events or festivals
issued under a master use license issued pursuant to
Chapter 5.36 BMC.
(f) The use of vending devices must be compati-
ble with and must not unreasonably interfere with the
public interest in use of the public ways as public rights-
of-way.
(g) In the event that two (2) or more applications
for the same location are received, the earliest applica-
tion, if approved, shall be awarded the location. (Ord.
5140 §3 (part), 2011)
5.08.050 HEALTH AND SAFETY
STANDARDS.
(a) Vendors of food and beverages shall comply
with all standards established by the Kitsap County
Health District.
(b) All sidewalk vending units in which food or
beverage preparation occurs shall be inspected and
approved by the City Fire Department to assure compli-
ance of any cooking or heating apparatus with the fol-
lowing provisions:
(1) Deep fat, oil, or grease cooking processes
employing heated liquid shall be protected by a fire
extinguishing system approved by the Fire Department.
Processes involving heated fat, oil, grease, or liquids
other than water shall be shielded from the public.
(2) Processes requiring flammable gas, liq-
uid, or solid fuels shall not be licensed, unless approved
by the Fire Department. LPG containers shall be limited
to no more than five (5) gallons capacity, and no more
than one (1) container per cart or vendor display.
(3) Storage of extra fuel is prohibited in the
area of vending, or in any buildings, except as licensed
by the Fire Department.
(4) Vendors using open-flame cooking where
steaks, hamburgers, sausages, hot dogs, or other prod-
ucts producing grease-laden vapors are cooked shall not
be stationed beneath the awning or canopy of a building.
Exception may be made when evidence is presented sat-
isfying the Fire Department that no special threat is
imposed to the building or awning by virtue of vendor
location.
(5) Pressure-cooking appliances shall be pro-
hibited.
(6) A fire extinguisher is required in all vend-
ing carts using open-flame cooking or cooking products
producing grease-laden vapors. (Ord. 5140 §3 (part),
2011)
5.08.060 OPERATING CONDITIONS.
Any person with a valid regulatory license issued
pursuant to this chapter shall be subject to the following
conditions:
(a) All vendors must display, in a prominent and
visible manner, the license issued by the director under
the provisions of this chapter.
(b) Food and beverages sold must be capable of
immediate consumption.
(c) The height of the vending unit, excluding can-
opies, umbrellas, or transparent enclosures, which must
be approved by the Director, shall not exceed five (5)
feet.
(d) The vending site must be clean and orderly at
all times, and the vendor must provide a refuse container
for use by patrons.
(e) Soliciting or conducting business with persons
in motor vehicles is prohibited.
(f) No merchandise shall be displayed using street
furniture (planters, street lights, trees, trash containers,
etc.) or placed upon the sidewalk. In addition, sales of
merchandise shall not be allowed from a vehicle. No use
of any automatic coin-operated vending dispenser shall
be allowed.
(g) Vendors shall not hinder use of any phone
booth, mailbox, parking meter, fire alarm, fire hydrant
(including automatic sprinklers or standpipe connec-
5.08-3 (Revised 1/18)
tions), newspaper vending machine, waste receptacle,
bench, transit stop, or traffic signal controllers.
(h) Vendors shall obey any lawful order from a
police officer or Fire Department official during an
emergency or to avoid congestion or obstruction of the
sidewalk.
(i) No vendor shall make loud noises or use
mechanical audio or noise-making devices or hawk to
advertise his or her product.
(j) No licensed sidewalk vending unit shall be left
unattended on a sidewalk, nor remain on the sidewalk
between midnight and 6:00 a.m.
(k) Utility service connections are not licensed,
except electrical, when provided by the owner of the
abutting property. Electrical lines are not allowed over-
head or lying in the pedestrian portion of the sidewalk.
(l) Signs, banners and/or streamers may be
attached to the vending unit for the purpose of advertis-
ing or identifying the vending unit, subject to approval
of the abutting property owner (or representative or
agent) and the director. As determined by the director,
such signs, banners, and/or streamers shall be situated so
as to not unreasonably obstruct views of neighboring
property or create a public safety hazard. Advertising
signs may be placed on the vending unit but are not
licensed on the sidewalk or street area.
(m) The footprint of the vending site is subject to
the area constraints of the vending site location but in no
event shall a vending site footprint exceed two hundred
(200) square feet. A vending unit shall not exceed the
vending site footprint.
(n) A vinyl or canvas umbrella or tent may be
included as part of the vending site, but its open cover-
age may not exceed the vending site footprint. Any part
of the umbrella or tent must have a minimum seven (7)
feet of vertical clearance to the sidewalk.
(o) Vending units shall not be locked or chained to
a parking meter, City street light post, tree, or other
street fixture or furniture. (Ord. 5140 §3 (part), 2011)
5.08.070 LICENSE - RENEWALS.
Applications for renewal of a license may be filed
for the same location, features of the cart and/or prod-
ucts (i.e., from food to flowers) as originally applied for.
A renewal not applied for prior to the expiration of the
existing license may not receive a renewal of the license.
A vendor requesting renewal of a license for a business
that has changed or proposes to change location, fea-
tures of the cart and/or products since the last applica-
tion/renewal must follow the requirements for a new
application.
There is no vested right to a renewal of regulatory
license for street vending. The City may reject an appli-
cation and deny a license for health, safety and other
related reasons. (Ord. 5140 §3 (part), 2011)
5.08.080 LICENSE - REVOCATION.
A regulatory license for street vending is wholly of
a temporary nature and vests no permanent rights or
interest in property. The license may be revoked pursu-
ant to BMC 5.03.070 at any time for good cause by the
City upon thirty (30) days’ notice or without notice in
case the use or occupation of the public place shall
become dangerous or unsafe or upon failure to cure a
notice of default. If the revocation is due to circum-
stances beyond the vendor’s control, then the license fee
will be refunded on a prorated basis. In addition, the reg-
ulatory license will ordinarily be revoked under the fol-
lowing conditions:
(a) The Kitsap County Health District withdraws
approval or cancels necessary licenses;
(b) The vendor violates any portion of the Bremer-
ton Municipal Code;
(c) The vendor misrepresents facts in the license
application;
(d) The Fire Department withdraws approval or
cancels necessary licenses;
(e) The vendor’s insurance in the amounts
required by this chapter is not current and in force;
(f) Upon the establishment of a retail store or a
park or school as set forth in BMC 5.08.040(d) and (e)
unless the required consent is provided. (Ord. 5140 §3
(part), 2011)
5.16-1 (Revised 1/18)
Chapter 5.16
TEMPORARY MERCHANTS, PEDDLERS AND
MOBILE FOOD VENDORS
Sections:
5.16.010 DEFINITIONS.
5.16.020 LICENSE - REQUIRED.
5.16.030 LICENSE - TERMS.
5.16.050 LICENSE - INSPECTION.
5.16.060 SPECIAL CONDITIONS -
MOBILE FOOD VENDORS.
5.16.010 DEFINITIONS.
In construing the provisions of this chapter, the fol-
lowing definitions shall be applied.
(a) "Director" means the Director of Community
Development of the City or any officer, agent or
employee of the City designated to act on the Director’s
behalf.
(b) "Peddler" means any person, either as agent,
employee or principal, who carries goods, wares or mer-
chandise 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.
(c) "Temporary merchant" means and includes
anyone who, with intent to engage temporarily, tran-
siently 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 manu-
factured by such person is exempt from requirements of
this chapter.
(d) "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 specif-
ically for the delivering only of food pursuant to orders
taken at an established place of business.
(e) "Tax and Licensing Division" means the Tax
and Licensing Division of the Department of Commu-
nity Development. (Ord. 5343 §16, 2017: Ord. 5158 §1
(part), 2011: Ord. 4162 §5, 1988; Ord. 4032 §1, 1986)
5.16.020 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 pay-
ment of City business and occupation taxes. Applica-
tions for regulatory licenses shall be filed with the Tax
and License Division of the Department of Community
Development. (Ord. 5343 §17, 2017: Ord. 5158 §1
(part), 2011: Ord. 4162 §5, 1988; Ord. 4032 §2, 1986)
5.16.030 LICENSE - TERMS.
(a) Temporary Merchants. This license shall not
exceed thirty (30) days in duration. A temporary mer-
chant’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 trail-
ers, must be approved by the building official and plan-
ning and fire departments before license issuance.
(b) Peddlers. The fee for a peddler’s license shall
not be prorated for any part of a license year. The license
must be carried by the vendor.
(c) Mobile Food Vending. This license is required
for each vehicle. The vehicle license plate number must
be submitted and will be printed on the regulatory
license. The license must be posted inside the vehicle.
Vendors are responsible for notifying the City, in writ-
ing, of any license plate number changes. (Ord. 5158 §1
(part), 2011: Ord. 4368 §7, 1992; Ord. 4162 §5, 1988;
Ord. 4032 §4, 1986)
5.16.050 LICENSE - INSPECTION.
Any person engaging in the business of peddling,
temporary merchant or mobile vending, as defined in
this chapter, who has obtained a license therefor from
the Director, shall on demand by any police officer or
business and occupations tax license official forthwith
produce the same for inspection. (Ord. 5343 §18, 2017:
Ord. 5158 §1 (part), 2011: Ord. 4032 §8, 1986)
5.16.060 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 Chapter 6.32 BMC.
(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 for general liability coverage and evi-
dencing proof of automobile liability coverage shall be
provided before license issuance and subsequently kept
current.
(Revised 1/18)5.16-2
(1) The minimum general liability coverage
shall be five hundred thousand dollars ($500,000) com-
bined single limit bodily injury and property damage
and shall include products liability.
(2) The minimum automobile liability cover-
age shall be five hundred thousand dollars ($500,000)
combined single limit per accident for bodily injury and
property damage.
(e) Vending shall occur only on the curbside of the
vehicle and shall not impede adjacent parking stalls if
conducting business on a City right-of-way.
(f) Customer lines for service shall not impede
pedestrian traffic nor shall they encroach into the road-
way or interfere with vehicular traffic.
(g) Mobile vending units shall not park in loca-
tions that will create site distance problems for traveling
motorists.
(h) No signs are allowed on areas adjacent to or
outside the mobile vending unit. Signs are allowed on
the immediate structure of the mobile vending unit.
(i) Vendors shall obey all traffic laws and will
comply with the Bremerton Municipal Code. (Ord. 5158
§1 (part), 2011: Ord. 4162 §5, 1988; Ord. 4032 §3,
1986)
5.17-1 (Revised 1/18)
Chapter 5.17
CHARITABLE SOLICITATION
Sections:
5.17.010 DEFINITIONS.
5.17.020 LICENSE REQUIRED.
5.17.030 LICENSE - APPLICATION.
5.17.040 CHARITY SOLICITATION
LICENSE - TERMS.
5.17.050 PROFESSIONAL FUND RAISER
LICENSE - TERMS.
5.17.060 LICENSE - GROUNDS FOR
DENIAL.
5.17.070 BOOKS AND RECORDS.
5.17.090 PENALTY FOR VIOLATION.
5.17.010 DEFINITIONS.
Whenever used in this chapter:
(a) "Director" means the Director of Community
Development of the City or any officer, agent or
employee of the City designated to act on the Director’s
behalf.
(b) "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.
(c) "Charitable organization" shall mean any orga-
nization organized and operated for charitable, educa-
tional, or other purposes which is exempt from taxation
pursuant to 501(c)(3) of the Internal Revenue Code of
1954, as amended.
(d) "Contributions" shall mean and include the
words alms, food, clothing, money, subscription, prop-
erty, or donations under the guise of a loan of money or
property.
(e) "Cost of solicitation" shall mean all costs what-
ever nature incurred in raising the funds solicited,
including costs of promotion.
(f) "Costs of promotion" shall mean costs of all
publications, goods and services sold, given away, or
used as prizes in connection with the solicitation.
(g) "Person" shall mean any individual, firm, co-
partnership, corporation, association, society, league,
organization, or religious body and includes any trustee,
receiver, assignee, agent, or other representative
thereof.
(h) "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 pur-
pose 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 organi-
zation shall not be deemed a professional promoter by
reason of his participation by or on behalf of his
employer.
(i) "Solicit" and "solicitation" shall mean the
request, directly or indirectly, of money, credit, prop-
erty, financial assistance or other thing of value on the
plea or representation that such will be used for a chari-
table purpose as hereafter defined. "Solicit" and "solici-
tation" shall include the following methods of requests,
collections, or receipts:
(1) Any oral or written request.
(2) The sale of, offer or attempt to sell any
chance, coupon, device, tax, 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 pro-
ceeds from such sale will be donated to or will go to a
charitable purpose.
(3) Bingo activities, raffles, and amusement
games conducted under Chapter 9.46 RCW and applica-
ble rules of the Washington State Gambling Commis-
sion are specifically excluded and shall not be deemed a
solicitation under this chapter.
(j) "Tax and Licensing Division" means the Tax
and Licensing Division of the Department of Commu-
nity Development. (Ord. 5343 §19, 2017: Ord. 4162 §6,
1988)
5.17.020 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 solici-
tations or any part thereof are to be used for a charitable
purpose without first obtaining a regulatory "profes-
sional fund raiser license" in addition to a City business
license.
Applications for regulatory licenses shall be filed
with the Tax and License Division of the Department of
Community Development. (Ord. 5343 §20, 2017; Ord.
4162 §6, 1988)
5.17.030 LICENSE - APPLICATION.
In addition to the application requirements of Chap-
ter 5.03, the following information shall be provided by
(Revised 1/18)5.17-2
the applicant for a "charity solicitation license" or "pro-
fessional fund raiser license":
(a) The purpose for which such solicitation or sale
is to be made and an estimate of the total amount to be
raised thereby.
(b) 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.
(c) The time when such solicitations or sale shall
be made, giving the preferred dates of the beginning and
ending of such solicitations.
(d) If a professional fundraiser is to be employed,
a copy of the contract between the promoter and the
charitable organization.
(e) A certified copy of the resolution or other
action authorizing the solicitation from the charitable
organization.
(f) The name(s) and address(es) of the person or
persons by whom the receipts of such solicitations or
sale shall be disbursed.
(g) A full statement of the character and extent of
the charitable work being done by the applicant in the
City.
(h) 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.
(i) Written verification of current registration and
required bonding with the Secretary of State’s office
pursuant to RCW 19.09. (Ord. 4162 §6, 1988)
5.17.040 CHARITY SOLICITATION
LICENSE - TERMS.
The license shall not exceed sixty (60) 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 solicitations
must be provided upon request. Each solicitor shall pro-
vide proper credentials identifying him/herself and the
sponsoring charitable organization to those persons
being solicited. (Ord. 4368 §8,1992; Ord. 4192 §1,
1989; Ord. 4162 §6, 1988)
5.17.050 PROFESSIONAL FUND RAISER
LICENSE - TERMS.
The license shall not exceed sixty (60) days. A list
showing the names of all solicitors and locations of the
solicitation must be provided to the Director. Each solic-
itor shall provide proper credentials identifying
him/herself and the sponsoring charitable organization
and the promoter to those persons being solicited. (Ord.
5343 §21, 2017: Ord. 4368 §10, 1992; Ord. 4192 §2,
1989; Ord. 4162 §6, 1988)
5.17.060 LICENSE - GROUNDS FOR
DENIAL.
The Director shall grant licensing under this chapter
unless it is found that one (1) or more of the following
facts exist:
(a) That the applicant is or has engaged in fraudu-
lent transactions or enterprises relating to soliciting
charitable contributions.
(b) That the solicitation on behalf of applicant
would be a fraud upon the public. (Ord. 5343 §22, 2017:
Ord. 4162 §6, 1988)
5.17.070 BOOKS AND RECORDS.
Every person receiving contributions for a charita-
ble purpose shall give a signed, 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 dis-
bursements are recorded and which shall be open to
inspection at all reasonable times to the Director or such
person as (s)he shall designate. (Ord. 5343 §23, 2017:
Ord. 4162 §6, 1988).
5.17.090 PENALTY FOR VIOLATION.
All violations of this chapter shall be deemed mis-
demeanors. (Ord. 4162 §6, 1988).
5.22-1 (Revised 1/18)
Chapter 5.22
PUBLIC DANCES
Sections:
5.22.010 LICENSE - REQUIRED.
5.22.070 INTOXICATING LIQUOR.
5.22.080 EXCLUSIONS.
5.22.010 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. Applications
for regulatory licenses shall be filed with the Tax and
License Division of the Department of Community
Development. (Ord. 5343 §24, 2017: Ord. 4162 §8,
1988; Ord. 4045 §1, 1986)
5.22.070 INTOXICATING LIQUOR.
It is unlawful for any person, persons, firms or cor-
porations to sell or permit to be sold or to in any way
supply or permit to be supplied or allow to be consumed
or possessed any intoxicating liquor on the premises
subject to this chapter in violation of any Washington
state liquor control regulation codified in RCW Title 66
or as hereafter amended. (Ord. 4045 §6, 1986)
5.22.080 EXCLUSIONS.
The provisions of this chapter, except 5.22.070 per-
taining to intoxicating liquors, shall not apply to frater-
nal organizations conducting dances upon the premises
occupied by them where admission is restricted to mem-
bers of such orders and the families of members of such
orders. (Ord. 4045 §7, 1986)
5.36-1 (Revised 1/18)
Chapter 5.36
SPECIAL EVENTS
Sections:
5.36.010 LICENSE - REQUIRED.
5.36.020 LICENSE - TERMS.
5.36.050 SPONSOR TO PROVIDE
VENDOR LIST.
5.36.060 USE OF CITY STREETS AND
SIDEWALKS.
5.36.070 COMPLIANCE WITH OTHER
PROVISIONS.
5.36.075 INSURANCE REQUIRED.
5.36.080 NEIGHBORHOOD BLOCK
PARTY - EXEMPTION.
5.36.010 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 promo-
tional activity within the City without first obtaining a
regulatory license in addition to a business license.
Applications for regulatory licenses shall be filed with
the Tax and License Division of the Department of
Community Development. (Ord. 5343 §25, 2017: Ord.
5328 §1 (part), 2017: Ord. 4162 §12, 1988; Ord. 4046
§1, 1986)
5.36.020 LICENSE - TERMS.
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. (Ord. 5328 §1 (part), 2017: Ord. 4368 §13,
1992; Ord. 4162 §12, 1988; Ord. 4046 §2, 1986)
5.36.050 SPONSOR TO PROVIDE VENDOR
LIST.
The sponsor of the event will provide the Director
of Community Development or designee with a list of
all participating vendors at least three (3) days prior to
the event. (Ord. 5343 §26, 2017: Ord. 5328 §1 (part),
2017: Ord. 4046 §5, 1986)
5.36.060 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 side-
walk, street, highway, alley or other public property
within the City, unless such activity is for the general
public welfare and benefit. (Ord. 5328 §1 (part), 2017:
Ord. 4162 §12, 1988; Ord. 4046 §6, 1986)
5.36.070 COMPLIANCE WITH OTHER
PROVISIONS.
No license shall be issued to any person, firm, com-
pany or corporation to run, operate, conduct or manage
any show, exhibition, game or other special event within
the City which is in violation of any ordinance of the
City or statute of the State of Washington. (Ord. 5328 §1
(part), 2017: Ord. 4046 §7, 1986)
5.36.075 INSURANCE REQUIRED.
Any person, firm, company, or corporation receiv-
ing a license pursuant to this chapter shall provide a cer-
tificate of insurance with minimum liability coverage of
five hundred thousand dollars ($500,000) combined sin-
gle 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. (Ord.
5328 §1 (part), 2017: Ord. 4162 §12, 1988)
5.36.080 NEIGHBORHOOD BLOCK PARTY
- EXEMPTION.
Neighborhood block parties are exempt from hav-
ing to apply for and obtain a special event permit. How-
ever, in the event a neighborhood block party will
require a street closure, an application for street closure
must be applied for using the form and process similar
to that used for street closures for special events and
with such terms and conditions as established by the
Director of Public Works and Utilities or designee
("Director"). The granting of a street closure is subject
to the discretion of the Director. For the purpose of this
section, neighborhood block party is defined as follows:
Neighborhood block parties provide opportunities to
connect with neighbors, celebrate, work on common
projects, and strengthen community relationships.
These events are held and attended by people living in
the neighborhood surrounding the street; they are not
intended to be open to the general public. (Ord. 5328 §1
(part), 2017)
5.96-1 (Revised 1/18)
Chapter 5.96
EROTIC DANCE STUDIOS
Sections:
5.96.010 PURPOSE.
5.96.020 DEFINITIONS.
5.96.040 CERTAIN ACTIVITIES
PROHIBITED.
5.96.050 LICENSE - REQUIRED.
5.96.060 LICENSE - RENEWAL.
5.96.070 DANCER’S LICENSE -
REQUIRED.
5.96.080 DANCER’S LICENSE - TERMS -
RENEWAL.
5.96.100 REGULATIONS.
5.96.110 INSPECTIONS.
5.96.130 VIOLATION - PENALTY.
5.96.010 PURPOSE.
The purpose of this chapter is to regulate erotic
dance studios to the end that the many types of criminal
activities frequently engendered by such studios will be
curtailed. However, it is recognized that such regulation
cannot, de facto, approach prohibition otherwise a pro-
tected form of expression would vanish. This chapter
represents a balancing of competing interests; reduced
criminal activity through the regulation of erotic dance
studios versus the protected rights of erotic dancers and
patrons. (Ord. 3958 §1, 1985)
5.96.020 DEFINITIONS.
In this chapter, the following definitions shall
apply, unless the context clearly requires otherwise:
(a) "Dancer" means a person who dances or other-
wise performs for an erotic dance studio and who seeks
to arouse or excite the patrons’ sexual desires.
(b) "Erotic dance studio" means place of business
or establishment where one or more dancers or other
live performers emphasize and seek to arouse or excite
the patrons’ sexual desires.
It shall be prima facie evidence that a place of busi-
ness or establishment is an erotic dance studio when one
or more dancers or performers display or expose, with
less than a full opaque covering, that portion of the
female breast lower than the upper edge of the areola.
(c) "Inspector" means business license inspector.
(d) "Tax and Licensing Division" means the Tax
and Licensing Division of the Department of Commu-
nity Development. (Ord. 5343 §27, 2017: Ord. 4237 §2,
1989; Ord. 3958 §2, 1985)
5.96.040 CERTAIN ACTIVITIES
PROHIBITED.
No person shall perform lewd acts as defined in
BMC 9A.44.070. (Ord. 4237 §4, 1989; Ord. 4162 §22,
1988; Ord. 3958 §4, 1985)
5.96.050 LICENSE - REQUIRED.
It shall be unlawful to operate, maintain, or manage
an erotic dance studio without first obtaining a regula-
tory license from the City in addition to a business
license. Applications for regulatory licenses shall be
filed with the Tax and License Division. (Ord. 5343 §28,
2017: Ord. 4162 §22, 1988; Ord. 3958 §6, 1985)
5.96.060 LICENSE - RENEWAL.
In order to renew, the licensee shall reapply using
application procedures and requirements set forth in
Chapter 5.03. (Ord. 4368 §23, 1992; Ord. 4162 §22,
1988; Ord. 3958 §6, 1985)
5.96.070 DANCER’S LICENSE - REQUIRED.
No person shall dance at an erotic dance studio
without obtaining a dancer’s license issued by the City.
(Ord. 4162 §22, 1988; Ord. 3958 §8, 1985)
5.96.080 DANCER’S LICENSE - TERMS -
RENEWAL.
A dancer’s license shall entitle a dancer to dance
only at the business indicated on the license. In order to
renew, the licensee shall reapply using application pro-
cedures and requirements set forth in Chapter 5.03.
(Ord. 4368 §24, 1992; Ord. 4162 §22, 1988; Ord. 3958
§8, 1985)
5.96.100 REGULATIONS.
(a) No person, firm, partnership, corporation, or
other entity shall advertise, or cause to be advertised, an
erotic dance studio without a valid erotic dance studio
license issued pursuant to this chapter.
(b) No later than March 1st of each year, an erotic
dance studio licensee shall file a verified report with the
inspector showing the licensee’s gross receipts and
amounts paid to dancers for the preceding calendar year.
(c) An erotic dance studio licensee shall maintain
and retain for a period of two years the names, addresses
and ages of all persons employed as dancers by the
licensee.
(d) No erotic dance studio licensee shall employ as
a dancer a person under the age of eighteen years or a
person not licensed pursuant to this chapter.
(e) No person under the age of eighteen years shall
be admitted to an erotic dance studio.
(f) An erotic dance studio shall be closed between
two a.m. and eight a.m.
(g) No erotic dance studio licensee shall serve,
sell, distribute, or suffer the consumption or possession
(Revised 1/18)5.96-2
of any intoxicating liquor or controlled substance upon
the premises of the licensee.
(h) An erotic dance studio licensee shall conspicu-
ously display all licenses required by this chapter.
(i) All dancing shall occur on a platform intended
for that purpose which is raised at least two feet from the
level of the floor.
(j) No dancing shall occur closer than ten feet to
any patron.
(k) No dancer shall fondle or caress any patron and
no patron shall fondle or caress any dancer.
(l) No patron shall directly pay or give any gratu-
ity to any dancer.
(m) No dancer shall solicit any pay or gratuity from
any patron. (Ord. 3958 §10, 1985)
5.96.110 INSPECTIONS.
All books and records required to be kept pursuant
to this chapter shall be open to inspection by the City
Attorney or agents thereof, during the hours when the
erotic dance studio is open for business. The purpose of
such inspection shall be to determine if the books and
records meet the requirements of this chapter. (Ord.
3958 §11, 1985)
5.96.130 VIOLATION - PENALTY.
Any person, firm, or corporation violating any pro-
vision of this chapter shall be guilty of a misdemeanor.
(Ord. 4162 §22, 1988; Ord. 3958 §13, 1985)
7.08-1 (Revised 1/18)
Bremerton Municipal Code 7.08.020
Chapter 7.08
LICENSES AND LICENSING REQUIREMENTS
Sections:
7.08.010 CAT AND DOG LICENSES.
7.08.020 CAT AND DOG LICENSE
PROCEDURE.
7.08.030 COMMERCIAL PET
FACILITIES, GROOMING
PARLORS AND ANIMAL
WELFARE FACILITIES.
7.08.040 UNLAWFUL - VIOLATIONS
AND PENALTIES.
7.08.010 CAT AND DOG LICENSES.
(a) License. All dogs and cats shall be licensed
within thirty (30) calendar days from the date the owner
acquires the animal or takes up residence in the City of
Bremerton.
(b) License Expiration.
(1) Annual licenses shall expire one (1) calen-
dar year from the date of issuance.
(2) Lifetime or permanent licenses shall
expire upon death of the cat or dog, or upon change of
ownership of the animal.
(c) Cat and Dog License Fee. License fees are as
set forth in Chapter 3.01 BMC.
(d) Additional License Fee. Annual licenses not
renewed by the designated renewal date shall be
assessed an additional license fee as set forth in Chapter
3.01 BMC; provided, there shall be no additional license
fee where:
(1) The applicant has owned the cat or dog for
less than thirty (30) calendar days; or
(2) The applicant has resided in the City for
less than thirty (30) calendar days; or
(3) At the discretion of the City Clerk,
amnesty may be granted to all residents for an
announced period of time not to exceed ninety (90) days
in duration, and no more frequently than once per calen-
dar year.
(e) Exemptions from License Fees. The following
are exempt from license fees:
(1) Cats and dogs in the temporary custody of
a veterinarian or animal welfare organization whose
owners are unknown;
(2) Cats and dogs owned, and available for
retail sale, by the owner or operator of a licensed com-
mercial pet facility; or
(3) Service dogs.
(f) Maximum Number of Household Pets. Not
more than the accumulative total of four (4) of the fol-
lowing animals may be kept in conjunction with each
permitted dwelling:
(1) Dogs, cats and ferrets over the age of six
(6) months.
(2) Rabbits and similar animals over the age
of three (3) months.
(3) Pigeons over the age of three (3) months.
(Ord. 5294 §1 (part), 2016: Ord. 5064 §1, 2008: Ord.
4949 §1 (part), 2005: Ord. 4807, Repealed & Replaced,
06/28/2002)
7.08.020 CAT AND DOG LICENSE
PROCEDURE.
(a) Issuance of Licenses. The City Treasurer, ani-
mal control authority, or the authorized agents thereof
shall issue licenses pursuant to BMC 7.08.010, as spec-
ified in this section.
(b) Contents of License. The license shall contain
the following:
(1) Date of issuance and date of expiration, if
applicable;
(2) A serial number;
(3) Type of animal, its name, age, color(s),
sex, breed/mix, distinguishing characteristics, and
whether the animal is spayed or neutered;
(4) The name, address, and telephone number
of the owner of the animal;
(5) Permanent identification number or mark-
ing, such as microchip implant, if applicable.
(c) License Tag.
(1) With each license, the owner shall receive
a license tag that shall contain the serial number that cor-
responds to the serial number on the license and the date
of license expiration.
(2) The license tag shall be worn at all times
except that the license tag need not be worn by the
licensed cat or dog in a sanctioned cat or dog show or
while engaged in formal, recognized training. A micro-
chip implant may replace a license tag; provided, the
license is valid and the owner informs the licensing
agent of change of address or phone number.
(d) Licenses Not Transferable. Licenses are not
transferable from one (1) cat or dog to another or from
one (1) owner to another.
(e) Lost Tags. Lost license tags may be replaced
by a substitute license or tag upon application to the City
Treasurer, the animal control authority, or their autho-
rized agents thereof and payment of a replacement
charge, as set forth in Chapter 3.01 BMC. (Ord. 5294 §1
(part), 2016: Ord. 4949 §1 (part), 2005: Ord. 4807,
Repealed & Replaced, 06/28/2002)
(Revised 1/18)7.08-2
7.08.030
7.08.030 COMMERCIAL PET FACILITIES,
GROOMING PARLORS AND
ANIMAL WELFARE FACILITIES.
(a) License Required. Commercial pet facilities,
grooming parlors, and animal welfare facilities shall be
licensed pursuant to Chapters 3.01 and 5.02 BMC.
(b) Operation Requirements for Commercial Pet
Facilities and Animal Welfare Facilities.
(1) Adequate food and water for each species,
pursuant to BMC 7.04.020(a), and proper habitat and
medical attention, if needed, shall be provided during
normal business hours and when the facilities are not
open for business;
(2) Food shall be stored in a fashion that pre-
vents contamination or infestation;
(3) The facilities shall be maintained and
operated in a healthful and sanitary manner, free from
disease, infestation, and foul odors;
(4) Sick animals shall be isolated from
healthy ones in quarters adequately ventilated to prevent
contamination of healthy animals;
(5) Sick or injured animals shall receive
appropriate medical treatment by or under the auspices
of a licensed veterinarian. Records shall be maintained
reflecting treatment, care, dates of veterinary visits, and
the name of the veterinarian and veterinary clinic pro-
viding treatment. Sick or injured animals shall not be
sold, bartered, or otherwise transferred from a commer-
cial pet facility or animal welfare facility to a new owner
until the illness or injury is substantially healed, unless
such transfer is to an animal welfare organization that
assumed all responsibility for providing the appropriate
medical treatment;
(6) Cats and dogs shall receive age-appropri-
ate vaccines and anthelmintics. Records of such shall be
maintained for each animal and made available to the
animal control authority and the Bremerton-Kitsap
County Health District, including the name and address
of the attending veterinarian, if applicable;
(7) A copy of all medical records including,
but not limited to, the records described in subsections
(b)(5) and (6) of this section shall be provided to new
owners at the time the ownership of the animal is trans-
ferred, or to the animal control authority upon request;
(8) A pet shop may offer for sale only those
cats and dogs that the pet shop has obtained from or dis-
plays in cooperation with an animal welfare organiza-
tion;
(9) A pet shop shall not offer for sale a cat or
dog that is younger than eight (8) weeks old;
(10)A pet shop shall maintain records stating
the name and address of the animal welfare organization
that each cat and dog was obtained from for at least two
(2) years following the date of acquisition. Such records
shall be provided to new owners at the time the owner-
ship of the animal is transferred, and to the animal con-
trol authority upon request. Each pet shop shall display
on each cage a label stating the name and address of the
animal welfare organization of each cat or dog kept in a
cage; and
(11)Commercial pet facilities, grooming par-
lors, and animal welfare facilities shall comply with the
veterinary certification requirements of WAC 16-54-
170 when importing dogs, cats, and ferrets from outside
Washington. Records documenting compliance with
WAC 16-54-170 shall be maintained for at least two (2)
years following the date of acquisition of the animal and
such records shall be provided to new owners at the time
the ownership of the animal is transferred, and to the
animal control authority upon request.
(c) Facility and individual housing and habitat
requirements for commercial pet facilities and animal
welfare facilities:
(1) Indoor and outdoor animal housing facili-
ties shall be in good repair, protect the animals from
injury, and shall provide sufficient security to contain
the animals while preventing entry by unwanted ani-
mals. Also, the habitat shall provide species-specific
requirements including, but not limited to, temperature,
humidity, and light.
(2) Indoor facilities shall:
(i) Provide the animal with adequate
space for movement and ability to sit, lie, stand, and
stretch without touching the sides or top of housing;
(ii) Be heated or cooled to protect the ani-
mals from temperatures to which they are not accli-
mated;
(iii) Be adequately ventilated;
(iv) Have interior walls, ceilings, and
floors that are sealed and are resistant to absorption of
moisture or odors;
(v) Have flooring with a surface that can
be sanitized and treated to minimize growth of harmful
bacteria;
(vi) Have a waste collection and removal
system that facilitates cleaning and permits maintaining
the facility in a sanitary condition; and
(vii)Have available a washroom with sink
for hot and cold running water.
(3) Outdoor facilities shall:
(i) Provide adequate shelter and protec-
tion from adverse weather;
(ii) Provide sufficient room for adequate
exercise and movement; and
(iii) When no indoor facility is available,
outdoor facilities shall also:
7.08-3 (Revised 1/18)
Bremerton Municipal Code 7.08.040
(iv) Have flooring with a surface that can
be sanitized and treated to minimize growth of harmful
bacteria;
(v) Have a waste collection and removal
system that facilitates cleaning and permits maintaining
the facility in a sanitary condition; and
(vi) Have available a washroom with sink
for hot and cold running water.
(d) Operation and Facility Requirements for
Grooming Parlors. Grooming parlors shall:
(1) Not board animals;
(2) Provide restraining straps for animals to
prevent injury while being groomed;
(3) Sterilize grooming equipment after each
use;
(4) Not leave animals unattended when
placed before a dryer;
(5) Not prescribe or administer treatment or
medicine or otherwise engage in veterinary practice as
defined in RCW 18.92.010;
(6) Not confine more than one (1) animal in
the same cage unless so requested by the owner of the
animals;
(7) Be structurally sound and in good repair,
designed to protect the animals from injury, and provide
sufficient security to contain the animals while prevent-
ing entry by unwanted animals;
(8) Have grooming and animal containment
areas with walls, ceilings and floors that are sealed and
resistant to absorption of moisture and odors; and
(9) Be cleaned and sanitized on a regular
basis.
(e) Inspections. The animal control authority shall
inspect existing or proposed commercial pet facilities,
animal welfare facilities, and grooming parlors in con-
nection with its licensing investigation and when
inspections are necessary to ensure compliance with this
title. Such inspections shall be made during regular
business hours. (Ord. 5334 §1, 2017; Ord. 5140 §2,
2011; Ord. 4949 §1 (part), 2005: Ord. 4807, Repealed &
Replaced, 06/28/2002)
7.08.040 UNLAWFUL - VIOLATIONS AND
PENALTIES.
(a) It shall be unlawful:
(1) For a person other than the owner, keeper,
or other authorized person to remove the license tag
from an animal required or permitted to be licensed pur-
suant to this chapter;
(2) To operate a commercial pet facility, ani-
mal welfare facility, or grooming parlor without a valid
license;
(3) To operate a commercial pet facility, ani-
mal welfare facility, or grooming parlor in a fashion
contrary to that required by BMC 7.08.030.
(b) Any violation of this chapter as set forth in this
section shall constitute a misdemeanor pursuant to BMC
1.12.020(2). Further, any person, firm or corporation
violating the provisions of this chapter shall be deemed
guilty of a separate offense for each and every day or
portion thereof during which any violation of this sec-
tion is committed, continued or permitted. (Ord. 4949
§1 (part), 2005)
11.08-1 (Revised 1/18)
Chapter 11.08
SIDEWALK AND STREET FRONTAGE
Sections:
11.08.010 PURPOSE.
11.08.015 DEFINITIONS.
11.08.020 RESPONSIBILITIES.
11.08.030 SIDEWALK AND STREET
FRONTAGE MAINTENANCE
STANDARDS.
11.08.040 ENFORCEMENT - NOTICE OF
VIOLATION.
11.08.050 PERMIT REQUIRED -
APPLICATION - ASSESSMENT
- LIEN.
11.08.060 DRIVEWAYS.
11.08.070 CONSTRUCTION,
RECONSTRUCTION AND
REPAIR - RESOLUTION OF
NECESSITY - LIABILITY OF
ABUTTING PROPERTY.
11.08.080 ASSESSMENT OF LIENS.
11.08.090 SIDEWALK ABATEMENT
FUND CREATED.
11.08.095 REPAIRS PURSUANT TO
AGREEMENT.
11.08.100 COSTS.
11.08.110 VIOLATION - PENALTY.
11.08.010 PURPOSE.
This chapter further defines the requirements and
procedures to maintain sidewalks and other street front-
age improvements as outlined in Chapters 35.68 and
35.69 RCW, which are adopted by reference as cur-
rently enacted and as hereafter amended. (Ord. 5331 §1
(part), 2017: Ord. 5276 §3 (part), 2015)
11.08.015 DEFINITIONS.
The following definitions apply to this chapter:
(a) "Sidewalk" means any and all pedestrian struc-
tures or forms of improvement for pedestrians included
in the space between the street margin, as defined by a
curb or the edge of the traveled road surface, and the line
where the public right-of-way meets the abutting prop-
erty, as set forth in RCW 35.69.010. The term "side-
walk" includes but is not limited to curbs, gutters, and
portions of driveways that cross sidewalks.
(b) "Driveway," where set forth separately from
"sidewalk" in this chapter, means all portions of a drive-
way crossing City right-of-way. (Ord. 5331 §1 (part),
2017)
11.08.020 RESPONSIBILITIES.
Street frontage must be maintained in accordance
with City standards. Permits may be required to under-
take the work required in this chapter. (Ord. 5331 §1
(part), 2017: Ord. 5276 §3 (part), 2015)
11.08.030 SIDEWALK AND STREET
FRONTAGE MAINTENANCE
STANDARDS.
(a) It shall be the duty of every owner of property
abutting on public right-of-way to keep sidewalks free
of snow, ice, garbage cans, and all other obstructions. It
shall be unlawful to construct, place, cause, create,
maintain, or permit to remain upon any sidewalk any
condition that constitutes a hazard to the normal use of
said sidewalk by the public. Facilities which have a poor
appearance but are otherwise physically sound shall not
be considered hazardous.
Sidewalks in violation of current Americans with
Disabilities Act ("ADA") accessibility guidelines,
and/or sidewalks with one (1) or more missing sections
including portions of any street missing sidewalk along
the entire frontage, shall be corrected by the abutting
property owner. (Ord. 5331 §1 (part), 2017: Ord. 5276
§3 (part), 2015)
11.08.040 ENFORCEMENT - NOTICE OF
VIOLATION.
(a) Upon finding that an owner is maintaining or
allowing a condition prohibited in this chapter, the City
Code Enforcement Officer or City Engineer may order
the repair, reconstruction, replacement, cleaning,
removal, or remedy of the condition or obstruction.
(b) Enforcement pursuant to Chapter 1.04 BMC
may be used in lieu of or in conjunction with the provi-
sions of this chapter.
(c) Notice of the violation and required corrective
action shall be sent to the legal owner of the abutting
property, pursuant to BMC 1.04.040 or RCW 35.68.030
or 35.69.030, as applicable, to repair or replace the side-
walk. (Ord. 5331 §1 (part), 2017: Ord. 5276 §3 (part),
2015)
11.08.050 PERMIT REQUIRED -
APPLICATION - ASSESSMENT -
LIEN.
(a) Upon notification, the owner shall obtain a per-
mit from the City to correct the sidewalk deficiency. No
person, firm or corporation shall construct or recon-
struct any sidewalk or driveway on public rights-of-way
without first obtaining a permit from the City. After
sixty (60) calendar days, if the owner has not applied for
a permit to correct the sidewalk deficiency, the City
Council may, following a public hearing, assess a lien
on the property for the expense of correcting the defi-
ciency pursuant to BMC 11.08.080.
(Revised 1/18)11.08-2
(b) In the event the owner obtains a permit within
the time prescribed above, but the corrections are not
completed within two hundred forty (240) calendar days
of receiving the permit, the City Council may, following
a public hearing, assess a lien on the property for the
expense of correcting the deficiency. (Ord. 5331 §1
(part), 2017: Ord. 5276 §3 (part), 2015)
11.08.060 DRIVEWAYS.
(a) Upon receipt of an application and payment of
all fees, the City may issue a permit to construct a drive-
way meeting City standards. The City Engineer may
revoke any driveway permit or require a modification of
any driveway if:
(1) The area occupied by the driveway is
needed for the public convenience;
(2) Continued operation of the driveway
interferes with the safe and orderly flow of pedestrians,
bicycles or vehicular traffic;
(3) The abutting owner has failed to comply
with all specifications and conditions of the permit;
(4) The driveway does not access legal park-
ing and maneuvering space on abutting property; or
(5) The driveway does not meet current ADA
accessibility guidelines.
(b) Within sixty (60) calendar days of written
notice from the City Engineer to close or modify a drive-
way, the abutting property owner shall obtain any
required permits and make the corrections. It the abut-
ting owner fails to make the required corrections within
sixty (60) calendar days, the City may perform the
required work at the expense of the abutting owner and
assess the costs as provided in this chapter. (Ord. 5331
§1 (part), 2017: Ord. 5276 §3 (part), 2015)
11.08.070 CONSTRUCTION,
RECONSTRUCTION AND REPAIR
- RESOLUTION OF NECESSITY -
LIABILITY OF ABUTTING
PROPERTY.
(a) Whenever a portion of any street in any city is
not improved by the construction of a sidewalk thereon,
or the sidewalk thereon is hazardous for purposes of
public travel and the City Council by resolution, pursu-
ant to Chapter 35.68 or 35.69 RCW as applicable, finds
that the improvement of such portion of such street by
the construction, reconstruction or repair of a sidewalk
thereon is necessary for the public safety and conve-
nience, the duty, burden, and expense of such work shall
devolve upon the property directly abutting upon such
portion except as provided in subsections (b) and (c) of
this section pursuant to RCW 35.69.020.
(b) An abutting property shall not be charged with
any costs under this chapter in excess of fifty (50) per-
cent of the valuation of such abutting property, exclu-
sive of improvements thereon, according to the
valuation last placed upon it for purposes of general tax-
ation.
(c) An abutting property shall not be charged with
any costs under this chapter if the construction, recon-
struction or repair is required to correct deterioration of
or damage to the sidewalk that is the direct result of
actions by the City or its agents or to correct deteriora-
tion of or damage to the sidewalk that is the direct result
of the failure of the City to enforce its ordinances. (Ord.
5331 §1 (part), 2017: Ord. 5276 §3 (part), 2015)
11.08.080 ASSESSMENT OF LIENS.
The City Council may, following a public hearing,
assess a lien on the property for the cost and expense of
construction, reconstruction, and/or correcting the defi-
ciency as authorized and pursuant to Chapter 35.68 or
35.69 RCW as applicable. (Ord. 5331 §1 (part), 2017:
Ord. 5276 §3 (part), 2015)
11.08.090 SIDEWALK ABATEMENT FUND
CREATED.
The sidewalk abatement fund is hereby created.
The sidewalk abatement fund shall receive revenue
from proceeds of lien settlements as outlined in BMC
11.08.080, and other revenue. All funds deposited into
the sidewalk abatement fund shall be used solely for
correcting deficiencies in sidewalks. (Ord. 5331 §1
(part), 2017: Ord. 5276 §3 (part), 2015)
11.08.095 REPAIRS PURSUANT TO
AGREEMENT.
(1) The Director of Public Works and Utilities is
authorized to enter into agreements with owners of abut-
ting property for the repair of any sidewalk determined
to be defective or hazardous. The agreement shall be
written, shall include a cost estimate, and shall define
the extent of costs, if any, to be contributed by the City.
(2) The City may participate in sidewalk repair, if
there are available funds in the sidewalk abatement
fund, only where there is no indication of negligence or
misuse by the property owner, past or present, causing
the defect. (Ord. 5331 §1 (part), 2017)
11.08.100 COSTS.
Whenever any construction, reconstruction or
repair of any sidewalk is to be done, the cost of the same
may be paid as follows:
(1) The abutting owner may construct the correc-
tion or improvement using a private contractor after
obtaining a City permit. The cost will either be wholly
at the owner’s expense, or with contribution from the
City if an agreement pursuant to BMC 11.08.095 is in
place;
11.08-3 (Revised 1/18)
(2) The abutting owner may request the City con-
struct the correction or improvement and reimburse the
City directly; or
(3) The City may construct the improvement and
assess the costs thereof against the abutting property
owner. (Ord. 5331 §1 (part), 2017: Ord. 5276 §3 (part),
2015)
11.08.110 VIOLATION - PENALTY.
(a) Any violation of any provision of this chapter
constitutes a civil violation under Chapter 1.04 BMC for
which a monetary penalty may be assessed and abate-
ment and/or enforcement may be required as provided
therein.
(b) In addition to or as an alternative to any other
penalty provided in this chapter or by law, any person
who violates any provision of this chapter shall be guilty
of a misdemeanor pursuant to Chapter 1.12 BMC. Each
day, or a portion thereof, during which a violation
occurs shall constitute a separate violation. (Ord. 5331
§1 (part), 2017: Ord. 5276 §3 (part), 2015)
13.04-1 (Revised 1/18)
Chapter 13.04
PARK CODE
Sections:
13.04.010 TITLE.
13.04.020 DEFINITIONS.
13.04.030 SIGNS, BILLBOARDS, ETC.
13.04.040 DESTROYING PARK
PROPERTY.
13.04.050 ANIMALS AT LARGE.
13.04.060 DISCHARGING FIREARMS OR
EXPLOSIVES.
13.04.070 TREATMENT OF ANIMALS
AND BIRDS.
13.04.080 SOLICITING AND PEDDLING.
13.04.100 RIDING MOTOR VEHICLES,
NON-MOTORIZED VEHICLES
AND HORSES.
13.04.110 GAMES AND SPORTS.
13.04.120 POLLUTING WATERS.
13.04.130 FIRES.
13.04.140 LIQUOR.
13.04.150 HOURS.
13.04.160 NONCOMPLIANCE -
EJECTION FROM PARK.
13.04.170 PROCEEDING AGAINST
VIOLATORS.
13.04.180 PENALTY FOR VIOLATIONS.
13.04.010 TITLE.
This chapter shall be known and may be cited as the
park code of the city of Bremerton. (Ord. 2191 §101,
1956)
13.04.020 DEFINITIONS.
The following terms, phrases, words and their deri-
vations will have the meaning given herein, unless
inconsistent with the context. Words using the present
tense include the future. Words in the plural number
include the singular number, and words in the singular
number include the plural number. The word "shall" is
always mandatory and not merely directive:
(1) "Superintendent" is the person immediately in
charge of all park areas and their activities, and to whom
all park attendants of any area are responsible.
(2) "Park" is a park, playground, beach, recreation
center, or any other area in the city owned or used by the
city and devoted to active or passive recreation.
(3) "Person" is any person, firm, partnership, asso-
ciation, corporation, company or organization of any
kind. (Ord. 2191 §102, 1956)
13.04.030 SIGNS, BILLBOARDS, ETC.
It is unlawful to use, place or erect any signboard,
sign, billboard, bulletin board, post, pole or device of
any kind for advertising in any park; or to attach any
notice, bill, poster, sign, wire, rod or cord to any tree,
shrub, railing, post or structure within any park; or with-
out the written consent of the superintendent, to place or
erect in any park, a structure of any kind; provided, that
the superintendent may permit the erection of temporary
directional signs or decorations on occasions of public
celebration and picnics. (Ord. 2191 §103, 1956)
13.04.040 DESTROYING PARK PROPERTY.
It is unlawful to remove, destroy, mutilate or deface
any structure, monument, statue, vase, fountain, wall,
fence, railing, vehicle, bench, shrub, tree, fern, plant,
flower, lighting system, or sprinkling system or other
property lawfully in any park. (Ord. 2191 §104, 1956)
13.04.050 ANIMALS AT LARGE.
It is unlawful to allow or permit any animal to run
at large in any park, or enter any lake, pond, fountain or
stream therein, except that unleashed dogs are allowed
in designated dog park areas within the City of Bremer-
ton park system. (Ord. 4952 §3, 2005: Ord. 2191 §105,
1956)
13.04.060 DISCHARGING FIREARMS OR
EXPLOSIVES.
It is unlawful to shoot, fire or explode any firearm,
fireworks, firecracker, torpedo or explosive of any kind
or to shoot or fire any air gun, bows and arrows, BB gun
or use any slingshot in any park, except the superinten-
dent may authorize archery, and the firing of small bore
arms and fireworks at designated times and places suit-
able for their use. (Ord. 5067 §1, 2008: Ord. 2191 §106,
1956)
13.04.070 TREATMENT OF ANIMALS AND
BIRDS.
It is unlawful in any manner to tease, annoy, dis-
turb, molest, catch, injure or kill or to throw any stone or
missile of any kind at or strike with any stick or weapon
any animal, bird or fowl. (Ord. 2191 §107, 1956)
13.04.080 SOLICITING AND PEDDLING.
No person shall solicit alms or contributions for any
purpose, whether public or private, nor expose or offer
for sale any article or thing, nor shall any person station
or place any stand, cart or vehicle for the transportation,
sale or display of any such article or thing, except the
licensed concessionaire acting by and under the author-
ity of the superintendent. (Ord. 2191 §108, 1956)
(Revised 1/18)13.04-2
13.04.100 RIDING MOTOR VEHICLES, NON-
MOTORIZED VEHICLES AND
HORSES.
(a) It is unlawful to ride or drive any bicycle, tricy-
cle, skateboard, horse or pony over or through any park
except within and upon the park drives, parkway, park
boulevards and bicycle paths designated for such use, or
at a speed in excess of fifteen (15) miles per hour, except
as otherwise authorized by the Director of Parks and
Recreation.
(b) It is unlawful to park, ride or drive any motor-
cycle or motor vehicle upon, over or through any park
except within and upon park drives, parkways, park
boulevards, rights-of-way or parking lots located within
a park and designated for such use, except as otherwise
authorized by the Director of Parks and Recreation.
(Ord. 4915 §3, 2004; Ord. 4267 §1, 1990; Ord. 2191
§110, 1956)
13.04.110 GAMES AND SPORTS.
It is unlawful to practice or play golf, baseball,
cricket, lacrosse, polo, archery, hockey, tennis, badmin-
ton, or other games of like character or to hurl or propel
any airborne or other missile except at places set apart
for such purposes by the superintendent. (Ord. 2191
§111, 1956)
13.04.120 POLLUTING WATERS.
No person in a park shall throw, discharge, or oth-
erwise place or cause to be placed in the waters of any
fountain, pond, bay or other body of water in or adjacent
to any park or storm sewer, or drain flowing into such
waters, any substance, matter or thing, liquid or solid,
which will or may result in the pollution of the waters.
No person in a park shall have brought in or shall dump,
deposit, or leave any bottles, broken glass, ashes, paper,
boxes, cans, dirt, rubbish, waste, garbage, or refuse, or
other trash. No such refuse or trash shall be placed in
any waters in or contiguous to any park, or left any-
where on the grounds thereof, but shall be placed in the
proper receptacles where they are provided; where
receptacles are not so provided, all such rubbish or
waste shall be carried away from the park by the person
responsible for its presence, and properly disposed of
elsewhere. (Ord. 2191 §112, 1956)
13.04.130 FIRES.
It is unlawful to build any fires in any park except
in areas designated by the superintendent. (Ord. 2191
§113, 1956)
13.04.140 LIQUOR.
It is unlawful to serve or consume, within any City
park, any liquor as defined in RCW 66.04.010(25), as
enacted and hereinafter amended, except the service and
consumption of liquor are authorized in the following
circumstances:
(a) Harborside Fountain Park and Louis Mentor
Boardwalk. Within the boundaries of the Harborside
Fountain Park and the Louis Mentor Boardwalk when:
(1) Permitted by the Washington State Liquor
and Cannabis Board; and
(2) Such service of liquor is administered by
the operator of the Kitsap Conference Center at Bremer-
ton Harborside; or
(3) The service of liquor is administered
during an event or activity which is: (i) licensed by the
City as a special event pursuant to Chapter 5.36 BMC,
or (ii) authorized by the City Council upon terms and
conditions as established by the City Council, and (iii)
such service and consumption of liquor are limited to
beer and wine.
(b) Pendergast Regional Park - Indoor Soccer Cen-
ter. Within the mezzanine food service area of the
Olympic Soccer and Sports Center ("Indoor Soccer
Center") located within Pendergast Regional Park
when:
(1) Permitted by the Washington State Liquor
and Cannabis Board;
(2) Such service of liquor is administered by
the operator of the Indoor Soccer Center; and
(3) Such service and consumption are limited
to beer and wine.
(c) Eastpark - Bremerton Ice Arena. Within the
building of the Bremerton Ice Arena facility ("Ice
Arena") located within Eastpark when:
(1) Permitted by the Washington State Liquor
and Cannabis Board;
(2) Such service of liquor is administered by
the operator of the Ice Arena;
(3) Such service and consumption are limited
to beer and wine;
(4) Such service and consumption, when in
the viewing stands area, are limited to private events,
not public events; however, service and consumption of
liquor are prohibited on the field of play; and
(5) Required approval has been granted by the
National Parks Service, on behalf of the Secretary of the
Interior, pursuant to the deed conveying the property to
the City.
(d) Evergreen Rotary Park. Sampling of beer and
wine and sales of beer and wine within the boundaries
of a farmer’s market licensed or permitted area located
within Evergreen Rotary Park when:
(1) Permitted by the Washington State Liquor
and Cannabis Board;
(2) Authorized by the City Council upon
terms and conditions as established by the City Council;
and
13.04-3 (Revised 1/18)
(3) Such services comply with the require-
ments of RCW 66.24.170, 66.24.175, 66.24.240, and
66.24.244 and other related statutory or regulatory
requirements, as currently enacted or hereinafter
amended; and
(4) The sampling area is located within a
forty-eight (48) inch high barrier or other designated
booth or stall, the location and aesthetics of which are
subject to approval by the Director of Parks and Recre-
ation.
(e) Otto Jarstad Park, Which Is City Utility Prop-
erty Maintained by the Department of Public Works and
Utilities. Within the boundaries of Otto Jarstad Park
when:
(1) Permitted by the Washington State Liquor
and Cannabis Board; and
(2) Such service and consumption of liquor
are limited to beer and wine; and
(3) Permitted by the City’s Director of Public
Works and Utilities, or designee, as a private, not a pub-
lic, event, subject to terms and conditions as established
by the Director; or
(4) The service of liquor is administered
during an event or activity which is: (i) licensed by the
City as a special event pursuant to Chapter 5.36 BMC,
or (ii) authorized by the City Council upon terms and
conditions as established by the City Council.
For purposes of this section, the authorized service
and consumption of liquor include any related sale of
liquor. "Private event" means events, such as weddings
and birthday parties, authorized for use of specific space
within a park by private groups pursuant to a permit or
rental agreement. (Ord. 5329 §1, 2017: Ord. 5274 §1,
2015: Ord. 5183 §1, 2012: Ord. 5166 §1, 2011: Ord.
5060 §1, 2008: Ord. 5005 §3, 2007: Ord. 2191 §114,
1956)
13.04.150 HOURS.
Except for unusual and unforeseen emergencies,
parks shall be open to the public every day of the year
during designated hours. The opening and closing hours
for each individual park shall be posted therein for pub-
lic information. Any section or part of any park may be
declared closed to the public by the superintendent at
any time and for any interval of time, either temporarily
or at regular and intervals (daily or otherwise) and either
entirely or merely to certain uses, as the superintendent
shall find reasonably necessary. (Ord. 2191 §115, 1956)
13.04.160 NONCOMPLIANCE - EJECTION
FROM PARK.
It is unlawful to violate or fail to comply with any
park rule or regulation duly posted by the superinten-
dent, and the superintendent or any park attendant shall
have the authority to eject from a park, any person act-
ing in violation of this chapter. (Ord. 2191 §116, 1956)
13.04.170 PROCEEDING AGAINST
VIOLATORS.
Anyone concerned in the violation of this chapter,
whether directly or indirectly committing the thing that
constitutes the offense, or who aids or abets the same,
and whether present or absent; and anyone who directly
or indirectly counsels, encourages, hires, commands,
induces, or otherwise procures another to commit such
offense, is and shall be a principal under the terms of this
chapter and shall be proceeded against and prosecuted
as such. (Ord. 2191 §117, 1956)
13.04.180 PENALTY FOR VIOLATIONS.
Violation of or failure to comply with the provi-
sions of this chapter shall constitute a misdemeanor and,
upon conviction thereof, be subject to the provisions of
Chapter 1.12 BMC. (Ord. 4733, Reaffirmed,
11/30/2000; Ord. 4680, Amended, 12/17/1999; Ord.
2191 §118, 1956)
17.04-1 (Revised 1/18)
Bremerton Municipal Code 17.04.040
Chapter 17.04
CITY BUILDING CODE
Sections:
17.04.010 PURPOSE.
17.04.020 STATE BUILDING CODE -
ADOPTION.
17.04.030 CODE CONFLICTS.
17.04.040 AMENDMENTS TO THE
INTERNATIONAL BUILDING
CODE.
17.04.050 AMENDMENTS TO THE
INTERNATIONAL EXISTING
BUILDING CODE.
17.04.080 AMENDMENTS TO THE
INTERNATIONAL
RESIDENTIAL CODE.
17.04.090 AMENDMENTS TO THE
INTERNATIONAL
MECHANICAL CODE.
17.04.100 AMENDMENTS TO THE
UNIFORM PLUMBING CODE.
17.04.110 AMENDMENTS TO THE
INTERNATIONAL PROPERTY
MAINTENANCE CODE.
17.04.130 BUILDING CODES - FEES.
17.04.140 APPEALS.
17.04.150 VIOLATION - PENALTY.
17.04.010 PURPOSE.
The purpose of the City Building Code is to
enhance the health, safety and welfare of the public as a
whole by ensuring that buildings, dwellings, structures
and land will be constructed, maintained and used in a
manner so as to reduce hazards, increase durability and
require consistent patterns of community development;
provided, notwithstanding anything in this chapter or in
the codes adopted in BMC 17.04.020 to the contrary,
this chapter and the codes adopted in BMC 17.04.020
establish duties owed to the public as a whole and not
any duties to protect any person or class of persons.
(Ord. 4904 §1, 2004)
17.04.020 STATE BUILDING CODE -
ADOPTION.
In accordance with Chapter 19.27 RCW, the fol-
lowing codes (collectively, the "building codes")
together with any additions, deletions, and exceptions
currently enacted or as may be amended from time to
time by the State of Washington through its Building
Code Council pursuant to the Washington Administra-
tive Code ("WAC"), and as further amended in this
chapter, are adopted by reference:
(a) The International Building Code, 2015 Edi-
tion, published by the International Code Council, Inc.,
as amended pursuant to Chapter 51-50 WAC.
(b) The International Existing Building Code,
2015 Edition, published by the International Code
Council, Inc., as amended pursuant to Chapter 51-50
WAC.
(c) The International Residential Code, 2015 Edi-
tion, published by the International Code Council, Inc.,
as amended pursuant to Chapter 51-51 WAC.
(d) The International Mechanical Code, 2015 Edi-
tion, published by the International Code Council, Inc.,
as amended pursuant to Chapter 51-52 WAC.
(e) The Uniform Plumbing Code, 2015 Edition,
published by the International Association of Plumbing
and Mechanical Officials, as amended pursuant to
Chapter 51-56 WAC and the Uniform Plumbing Code
Standards (Appendices A, B, and I to the Uniform
Plumbing Code), as amended pursuant to Chapter 51-57
WAC.
(f) The International Property Maintenance Code,
2015 Edition, published by the International Code
Council, Inc.
(g) The International Fuel Gas Code, 2015 Edi-
tion, published by the International Code Council, Inc.,
as amended pursuant to Chapter 52-52 WAC.
(h) The 2015 International Energy Conservation
Code published by the International Code Council, Inc.,
as amended pursuant to Chapter 51-11 WAC.
One (1) copy of each of these codes is on file with
the City’s Building Official. (Ord. 5304 §1, 2016: Ord.
5219 §1, 2013: Ord. 5113 §1, 2010: Ord. 5015 §1, 2007:
Ord. 4904 §1, 2004)
17.04.030 CODE CONFLICTS.
To the extent allowed by RCW 19.27.040, if a con-
flict exists between the provisions of the State Building
Codes adopted by the Washington State Building Code
Council and the provisions of this chapter, the Bremer-
ton Municipal Code provisions shall govern. In cases of
conflict among the codes enumerated in BMC
17.04.020(a) through (h), the first named shall govern
over those following. (Ord. 5015 §2, 2007: Ord. 4904
§1, 2004)
17.04.040 AMENDMENTS TO THE
INTERNATIONAL BUILDING
CODE.
The following local amendments to the Interna-
tional Building Code adopted in BMC 17.04.020 are
hereby adopted and incorporated into the International
Building Code:
(a) General - Building Code Appendices Adopted.
Section 101 of the International Building Code, entitled
"General," is amended by adding the following new
Subsection 101.5:
(Revised 1/18)17.04-2
17.04.040
Sec. 101.5 Building code appendices adopt-
ed. Appendices C, H, I, and J to the Internation-
al Building Code are hereby adopted; however,
the public works director shall have the authori-
ty to enforce and interpret Appendix J and, ac-
cordingly, all references to the "building official"
in Appendix J shall be substituted with the
words "public works director."
(b) Duties and Powers of Building Official - Lot
Lines and Setback Lines. Section 104 of the Interna-
tional Building Code, entitled "Duties and Powers of
Building Official," is amended by adding the following
new Subsection 104.12:
Sec. 104.12 Lot lines and setback lines. Not-
withstanding the authority of the building official
to administer and enforce the building code, the
building official shall have no duty to verify or
establish lot lines or setback lines. No such duty
is created by this code, and none shall be im-
plied.
(c) Certificate of Occupancy. Section 111 of the
International Building Code, entitled "Certificate of
Occupancy," is amended to read as follows:
Sec. 111.1 Use and occupancy. A building or
structure shall not be used or occupied, and a
change in the existing use, occupancy classifi-
cation, or occupant of a building or structure or
portion thereof shall not be made, until the
building official has issued a certificate of occu-
pancy therefor as provided herein. Issuance of
a certificate of occupancy shall not be con-
strued as an approval of a violation of the provi-
sions of this code or of other ordinances of the
jurisdiction.
Exception: Certificates of occupancy are not re-
quired for work exempt from permits in accor-
dance with Section 105.2.
(d) Board of Appeals. Section 113 of the Interna-
tional Building Code, entitled "Board of appeals," is
amended by substituting Section 113 with the follow-
ing:
Sec. 113 Board of appeals. The City of
Bremerton hearings examiner is designated as
the board of appeals in order to hear and decide
appeals of orders, decisions, or determinations
made by the building official relative to the suit-
ability of alternate materials, design, and meth-
ods of construction and appeals of the
reasonable application and interpretation of the
building codes. Appeals shall be made as set
forth in section 17.04.140 of the Bremerton Mu-
nicipal Code.
(e) Encroachments. Section 3202 of the Interna-
tional Building Code, entitled "Encroachments," is
amended by adding the following new exception to Sec-
tion 3202.3.2:
Sec. 3202.3.2 Windows, balconies, architec-
tural features and mechanical equipment.
Where the vertical clearance above grade to
projecting windows, balconies, architectural
features or mechanical equipment is more than
8 feet, 1 inch of encroachment is permitted for
each additional 1 inch of clearance above 8
feet, but the maximum encroachment shall be 4
feet.
Exception:
Balconies may be permitted over a sidewalk in
specific zones identified in Title 20 of the BMC
or in affiliated subarea plans in compliance with
the following conditions:
1) A clearance of at least 10 feet is main-
tained between the sidewalk and the bottom of
balconies.
2) Balconies shall not extend into or occupy
more than two-thirds the width of the sidewalk
measured from the building with a maximum of
4 feet over the sidewalk or right-of-way.
3) Balconies shall be completely supported
by the building structure and shall not be sup-
ported by or on the sidewalk or right-of-way.
4) The encroachment of the balconies do not
present a health, safety or welfare issue.
5) The balconies are constructed of fire-resis-
tant materials.
6) The balconies serve the public good, such
as providing weather protection.
7) The structure on which the balconies are
constructed is located in specific zones that re-
quire or encourage weather protection over the
public right-of-way (such as the Downtown Wa-
terfront and Downtown Core zones in the
Downtown Subarea Plan).
8) A drainage system shall be provided to pre-
vent water from draining upon the public right-
of-way.
17.04-3 (Revised 1/18)
Bremerton Municipal Code 17.04.080
9) As the balcony will reduce lighting, lighting
may be required to be installed underneath the
balcony to ensure safe sidewalks, especially for
those balconies that extend across the entire fa-
cade or are placed within 15 feet or less above
the sidewalk.
(f) Appendix H - Signs. Appendix H of the Inter-
national Building Code entitled "Signs" is hereby
amended as follows:
(1) Section H101.2, entitled "Signs Exempt
from Permits," is amended to read as follows:
Sec. H101.2 Signs exempt from permits. The
following signs are exempt from the require-
ments to obtain a permit before erection:
1. Temporary signs announcing the sale or rent
of property.
2. Signs erected by transportation authorities.
3. The changing of moveable parts of an ap-
proved sign that is designed for such changes
shall not be deemed an alteration.
(2) Section H109.2 entitled "Required clear-
ances" is not adopted. (Ord. 5332 §1, 2017: Ord. 5304
§2, 2016: Ord. 5113 §2, 2010; Ord. 5008 §2, 2007: Ord.
4906 §2, 2004; Ord. 4904 §1, 2004)
17.04.050 AMENDMENTS TO THE
INTERNATIONAL EXISTING
BUILDING CODE.
The following local amendments to the Interna-
tional Existing Building Code adopted in BMC
17.04.020 are hereby adopted and incorporated into the
International Existing Building Code:
(a) Section 110 of the International Existing
Building Code entitled "Certificate of Occupancy" is
hereby amended by amending Subsection 110.1 to read
as follows:
Sec. 110.1 Altered area use and occupancy
classification. Altered areas of a building and
relocated buildings shall not be used or occu-
pied; and change in the existing use, occupancy
classification, or occupant of a building or por-
tion thereof shall not be made until the code of-
ficial has issued a certificate of occupancy
therefor as provided herein. Issuance of a cer-
tificate of occupancy shall not be construed as
an approval of a violation of the provisions of
this code or of other ordinances of the jurisdic-
tion.
(b) Section 112 of the International Existing
Building Code entitled "Board of Appeals" is amended
to read as follows:
Sec. 112 Board of appeals. The City of
Bremerton hearings examiner is designated as
the board of appeals in order to hear and decide
appeals of orders, decisions, or determinations
made by the building official relative to the suit-
ability of alternate materials, design, and meth-
ods of construction and appeals of the
reasonable application and interpretation of the
building codes. Appeals shall be made as set
forth in section 17.04.140 of the Bremerton Mu-
nicipal Code.
(Ord. 5304 §3, 2016)
17.04.080 AMENDMENTS TO THE
INTERNATIONAL RESIDENTIAL
CODE.
The following local amendments to the Interna-
tional Residential Code adopted in BMC 17.04.020 are
hereby adopted and incorporated into the International
Residential Code:
(a) Duties and Powers of Building Official - Lot
Lines and Setback Lines. Section R104 of the Interna-
tional Residential Code, entitled "Duties and Powers of
Building Official," is amended by adding the following
new Subsection R104.12:
Sec. R104.12 Lot lines and setback lines.
Notwithstanding the authority of the building of-
ficial to administer and enforce the building
code, the building official shall have no duty to
verify or establish lot lines or setback lines. No
such duty is created by this code, and none
shall be implied.
(b) Board of Appeals. Section R112.1 of the Inter-
national Residential Code, entitled "Board of Appeals,"
is amended by substituting Section R112.1 with the fol-
lowing:
Sec. R112.1 Board of appeals. The City of
Bremerton hearings examiner is designated as
the board of appeals in order to hear and decide
appeals of orders, decisions, or determinations
made by the building official relative to the suit-
ability of alternate materials, design, and meth-
ods of construction and appeals of the
reasonable application and interpretation of the
building codes. Appeals shall be made as set
forth in section 17.04.140 of the Bremerton Mu-
nicipal Code.
(Revised 1/18)17.04-4
17.04.080
(c) Design Criteria. Table R301.2(1) of the Inter-
national Residential Building Code entitled "Climatic
and Geographic Design Criteria" is amended to insert
the design criteria specific to the City into the table cat-
egories as designated in Table R301.2(1) below. The
remaining parts and footnotes of the table are
unchanged.
(d) Existing Basements. Section R310 of the Inter-
national Residential Building Code entitled "Emer-
gency escape and rescue windows" is amended by
substituting Section R310.6 with the following:
Sec. R310.6 Alterations or repairs of existing
basement. An emergency escape and rescue
opening in compliance with Section R310 in ad-
dition to a means of egress complying with Sec-
tion R311 is required where existing basements
undergo alterations, repairs, or change of use
from non-habitable space to habitable area. An
escape and rescue opening in a sleeping room
may be used for compliance for the basement
provided the other basement rooms are not
used for sleeping.
Exceptions:
1) An emergency escape and rescue window is
not required in an existing bedroom or habitable
basement that was legally established before
1940 with a building permit and that has the re-
quired window for living area in compliance with
the code of the time.
2) An emergency escape and rescue window is
not required for alterations or repairs of an ex-
isting non-habitable basement that will not be-
come habitable area. Construction of a new
foundation wall is not considered a repair under
this exception.
(e) Sec. R313 Automatic Fire Sprinkler Systems.
Automatic Fire Sprinkler Systems is adopted with the
exception of R313.2, One- and two-family dwellings
automatic fire systems.
(f) Foundation Drainage. Section R405 of the
International Residential Code, entitled "Foundation
Drainage," is amended to read as follows:
Sec. R405.1 Concrete or masonry founda-
tions. Drains shall be provided around concrete
or masonry foundations that retain earth. Drain-
age tiles, gravel or crushed stone drains, perfo-
rated pipe or other approved systems or
materials shall be installed at or below the area
to be protected and shall discharge by gravity or
mechanical means into an approved drainage
system. Gravel or crushed stone drains shall
extend not less than 1 foot beyond the outside
edge of the footing and 6 inches above the top
of the footing and be covered with an approved
filter membrane material. The top of open joints
of drain tiles shall be protected with strips of
building paper. Except where otherwise recom-
mended by the drain manufacturer, perforated
drains shall be surrounded with an approved fil-
ter membrane or the filter membrane shall cov-
er the washed gravel or crushed rock covering
the drain. Drainage tiles or perforated pipe shall
be placed on a minimum of 2 inches of washed
gravel or crushed rock not less than one sieve
size larger than the tile joint opening or perfora-
Table R301.2(1)
Climate and Geographic Design Criteria
GROUND
SNOW
LOAD
WIND DESIGN
SEISMIC
DESIGN
CATEGORY
SUBJECT TO DAMAGE FROM
Speed
(mph)
Topographic
effects
Special
wind region
Wind-
borne
debris zone
Weathering Frost line
depth Termite
30 PSF 110 No No No D2 Negligible 12"No
WINTER DESIGN
TEMP
ICE BARRIER
UNDERLAYMENT REQUIRED
FLOOD
HAZARDS
AIR FREEZING
INDEX
MEAN ANNUAL
TEMP
29 No See footnote
1,2,3 113 51.4
1 Date of entry into NFIP: April, 1987; Community Number 530093
2 Date of latest study: November 18, 2014
3 FIRM PANELS# 53035C0335E, 53035C0343E, 53035C0344E, 53035C0345E, 53035C0450E, 53035C0455E, 53035C0352F,
53035C0353F, 53035C0354F, 53035C0360F, 53035C0364F, 53035C065F, 53035C0366F, 53035C0367F, 53035C0368F,
53035C0380F, 53035C0390F
17.04-4a (Revised 1/18)
Bremerton Municipal Code 17.04.100
tion and covered with not less than 6 inches of
the same material.
Exception: A drainage system is not required
where the foundation is installed on well-
drained ground or sand gravel mixture soils ac-
cording to the Unified Soil Classification Sys-
tem, Group I soils, as detailed in Table R405.1.
(g) Roof Drainage. Section R801 of the Interna-
tional Residential Building Code entitled "General"
shall be amended to read as follows:
Sec. R801.3 Roof drainage. All structures shall
have a controlled method of water disposal from
roofs that will collect and discharge roof drain-
age to the ground surface not less than 12 inch-
es (304 mm) from foundation walls or to an
approved drainage system.
(Ord. 5332 §2, 2017: Ord. 5304 §4, 2016: Ord. 5113 §4,
2010; Ord. 4904 §1, 2004)
17.04.090 AMENDMENTS TO THE
INTERNATIONAL MECHANICAL
CODE.
The following local amendments to the Interna-
tional Mechanical Code previously adopted in BMC
17.04.020 are hereby adopted and incorporated into the
International Mechanical Code as if fully set forth
therein.
(a) Violations - Penalties. Section 108 of the Inter-
national Mechanical Code, entitled "Violations," is
amended by substituting Subsection 108.4 with the fol-
lowing:
Sec. 108.4 Penalties. Any person who violates
a provision of this code or fails to comply with
any of its requirements or who erects, installs,
alters, or repairs mechanical work in violation
of: (a) the approved construction documents,
(b) a directive of the building code official, or (c)
a permit or certificate issued under the provi-
sions of this code, shall be subject to penalties
as set forth in section 17.04.150 of the Bremer-
ton Municipal Code or as otherwise provided by
law.
(b) Means of Appeal - Board of Appeals. Section
109 of the International Mechanical Code, entitled
"Means of Appeal," is amended by substituting Section
109 with the following:
Sec. 109 Board of appeals. The City of
Bremerton hearings examiner is designated as
the board of appeals in order to hear and decide
appeals of orders, decisions, or determinations
made by the building official relative to the suit-
ability of alternate materials, designs, and meth-
ods of construction and appeals of the
reasonable application and interpretation of the
building codes. Appeals shall be made as set
forth in section 17.04.140 of the Bremerton Mu-
nicipal Code.
(Ord. 4904 §1, 2004)
17.04.100 AMENDMENTS TO THE
UNIFORM PLUMBING CODE.
The following local amendments to the Uniform
Plumbing Code previously adopted in BMC 17.04.020
are hereby adopted and incorporated into the Uniform
Plumbing Code:
(a) Title, Scope, and General - Appendices
Adopted. Section 101 of the Uniform Plumbing Code,
entitled "Title, Scope, and General," is amended by add-
ing the following new Subsection 101.6:
Sec. 101.6 Appendices adopted. The Uniform
Plumbing Code standards set forth in Appendi-
ces A, B, and I of the Uniform Plumbing Code
are hereby adopted.
(b) Organization and Enforcement - Penalties.
Section 102 of the Uniform Plumbing Code, entitled
"Organization and Enforcement," is amended by substi-
tuting Subsection 102.3.2 with the following:
Sec. 102.3.2 Penalties. Any person who vio-
lates a provision of this code or fails to comply
with any of its requirements or who erects, in-
stalls, alters, or repairs plumbing work in viola-
tion of: (a) the approved construction
documents, (b) a directive of the building code
official, or (c) a permit or certificate issued under
the provisions of this code, shall be subject to
penalties as set forth in section 17.04.150 of the
20.46-1 (Revised 1/18)
Bremerton Municipal Code 20.46.010
Chapter 20.46
SPECIAL DEVELOPMENT STANDARDS
Sections:
20.46.010 ACCESSORY DWELLING
UNITS.
20.46.020 FENCES AND WALLS.
20.46.030 HOME OCCUPATIONS.
20.46.040 MANUFACTURED HOMES.
20.46.050 RECREATIONAL VEHICLE ON
A PRIVATE LOT.
20.46.060 DISH ANTENNAS.
20.46.070 ADAPTIVE REUSE OF
COMMERCIAL BUILDINGS.
20.46.080 MINERAL RESOURCE
OVERLAY.
20.46.110 ADULT ENTERTAINMENT
BUSINESSES.
20.46.140 WIRELESS
COMMUNICATIONS
FACILITIES.
20.46.150 PUBLIC UTILITY FACILITIES.
20.46.160 PUBLIC DISTRIBUTION/
TRANSMISSION FACILITIES.
20.46.010 ACCESSORY DWELLING UNITS.
An accessory dwelling unit (ADU) may be permit-
ted where a new or existing single-family dwelling unit
(hereafter, "principal unit") is allowed. Accessory
dwelling units are exempt from density requirements
and shall be subject to the following requirements:
(a) An ADU shall comply with the development
standards of the underlying zone for the principal unit
including setbacks, height, and lot coverage or BMC
20.44.060, accessory structures setbacks for detached
ADUs.
(b) An ADU may be attached or detached from the
principal unit.
(c) Only one (1) ADU may be created per lot. The
lot shall only contain one (1) single-family dwelling unit
and one (1) ADU.
(d) Manufactured homes may be allowed as an
accessory dwelling unit provided it complies with the
design criteria of ADUs and must comply with BMC
20.46.040, manufactured home provisions, excluding
BMC 20.46.040(a)(2) and (6) regarding size and roof
pitch.
(e) An ADU shall be subordinate to the principal
unit. The ADU shall be limited to not more than sixty
(60) percent of the principal unit’s total habitable floor
area with the following exception:
(1) To encourage the compact infill develop-
ment and use of existing single-family homes, if a resi-
dence that was constructed or remodeled prior to
January 1, 2017, is proposed to be divided into a princi-
pal unit and an ADU, the Director may allow equal
square footage for the principal unit and the ADU if the
ADU is located completely on a single floor of the exist-
ing residence. This does not apply to detached ADUs.
(f) Any ADU shall be designed so that the appear-
ance of the building remains that of a single-family res-
idence and should architecturally blend into the existing
neighborhoods through careful design. Unless the ADU
is limited to only interior remodeling of an existing sin-
gle-family dwelling, a proposed ADU shall meet the fol-
lowing design standards:
(1) Exterior Finish. The exterior of an ADU
shall have siding and roofing which in color, material
and appearance are comparable to the predominant
materials of the primary dwelling unit and/or character-
istics of the neighborhood.
(i) Roofing. A roof of equal or greater
pitch as the principal unit.
(ii) Eaves. The minimum projection is
twelve (12) inches.
(2) Detailed Design. All ADUs shall provide
detailed design using at least four (4) of the following
architectural features:
(i) Trim to denote all building’s roof
lines, porches, windows and doors that is at least three
(3) inches wide;
(ii) Dormers;
(iii) Gables;
(iv) Recessed entries;
(v) Covered porch entries;
(vi) Offsets in building face or roof (min-
imum sixteen (16) inches);
(vii)Bay windows;
(viii)Decorative cornices and roof lines;
(ix) Shutters;
(x) Brickwork, masonry or stucco;
(xi) Any alternative feature providing
visual relief similar to the options listed above provided
it must be approved by the Director.
(g) The entrance to an attached ADU shall not be
on the same facade of the structure as an entrance to the
principal unit. Exterior stairway shall not be constructed
on the street-frontage side of the principal dwelling unit.
(h) Accessory dwelling units shall provide one (1)
off-street parking space in addition to that which is
required for the principal unit. When adding an ADU,
all driveways and areas used for loading, parking, and
maneuvering vehicles on the parcel shall have a paved
surface.
(i) When development of an ADU is for people
with disabilities, the Director may allow reasonable
deviation from the stated requirements to install features
(Revised 1/18)20.46-2
20.46.020
that facilitate accessibility such as those required by the
International Building Code.
(j) An ADU shall be required to be served by City
water and sewer or an approved septic system.
(k) The property owner, which shall include title-
holders and contract purchasers, must occupy either the
principal unit or the ADU as their permanent residence
for all twelve (12) months of the year.
(l) An ADU shall have a deed restriction recorded
with the Kitsap County Auditor to indicate the presence
of the ADU, the requirement of owner occupancy, and
other standards for maintaining the unit as described
above. (Ord. 5330 §3, 2017: Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 5008 §4, 2007: Ord. 4950 §8 (Exh. A)
(part), 2005)
20.46.020 FENCES AND WALLS.
(a) Fences and walls shall observe the following
height and setback requirements:
(1) Residential Zones.
(i) Maximum height shall be six (6) feet.
(ii) Maximum height within the front
yard setback area shall be four (4) feet.
(iii) On corner lots with a specified front
yard setback on each street frontage, both frontages will
require a height of no more than four (4) feet.
(iv) To obtain a six (6) foot high fence on
a corner lot, a fence permit is required. The Director can
determine that the street frontage of the residence’s prin-
cipal orientation is a "primary frontage" and may permit
a six (6) foot maximum height fence in the yard on the
other (secondary) frontage only if all of the following
conditions are met:
(A) The higher fence will not block
any existing front yard views from an adjoining resi-
dence with its principal orientation to that same street;
(B) The higher fence will not be
closer to the residence’s front property line on the street
of principal orientation than the closest part of the front
facade of the residence;
(C) The higher fence will not
encroach into the front yard of the primary frontage
where the maximum height limit in subsection (a)(1)(ii)
of this section takes precedence.
(v) Six (6) foot tall side yard fences may
not project into the front yard setback except when the
house’s front facade is within the front yard setback
area, in which case the taller fence may extend no fur-
ther than the front facade of the house.
(2) Commercial Zones.
(i) Maximum height shall be eight (8)
feet.
(ii) Maximum height shall be six (6) feet
when adjacent to a public right-of-way, or to a residen-
tial zone.
(3) Industrial Zone.
(i) Maximum height shall be ten (10)
feet.
(ii) Maximum height shall be six (6) feet
when adjacent to a public right-of-way, or to a residen-
tial zone.
(4) District and Neighborhood Center Zones.
(i) Maximum height shall be four (4) feet
in front yard setback areas.
(ii) Maximum height shall be six (6) feet
for side and rear yard setback areas.
(iii) To obtain an eight (8) foot tall fence,
a fence permit is required. The Director may allow for a
maximum height of up to eight (8) feet in side and rear
yard setback areas provided the use is nonresidential and
the fence is necessary for security purposes.
(5) Essential Public Facilities. Essential pub-
lic facilities may have up to ten (10) foot tall fences in
any zone through a fence permit application provided
the fence is the minimum necessary for security pur-
poses.
(b) A Type II conditional use permit may be
granted for fences or walls up to eight (8) feet high in a
side or rear yard only if the fence or wall is necessary to
provide privacy and security between a residential and a
nonresidential use.
(c) Fences and walls shall not block or hinder the
sight distance of traffic. Exact location and design of a
fence or wall is subject to the approval of the City Engi-
neer when visibility or public safety is an issue.
(d) No electric or electrified fences shall be per-
mitted within the City of Bremerton.
(e) Barbed wire or similar wire protective devices
are permitted only in industrial zones or any property
containing a public facility above a height of six (6) feet;
provided, that adjoining a residential zone, devices may
be allowed by approval of a Type II conditional use per-
mit pursuant to BMC 20.58.020 only if the following
criteria are met:
(1) The applicant demonstrates that the pro-
tective device cannot be installed outside of the speci-
fied setback without significantly diminishing the utility
of the industrial property;
(2) The protective device will be designed to
minimize adverse aesthetic impact to the residential use
by installing the device behind the top of a fence or wall
or screening the device with landscape; and
(3) The applicant demonstrates that the pro-
tective device is necessary to provide additional security
along the residential property line to protect the indus-
trial premises.
20.46-2.1 (Revised 1/18)
Bremerton Municipal Code 20.46.030
(f) Notwithstanding the provisions of subsection
(a)(1)(ii) of this section, architectural appurtenances
such as trellises or entry gates that define a walkway or
driveway entry are allowed in a front yard up to ninety
(90) inches high; provided, that:
(1) No individual structural support for such
features shall be more than sixteen (16) inches square in
section;
(2) Any gate shall not obscure more than
twenty (20) percent of visibility to the yard as viewed
perpendicular to the gate’s installation; and
(3) Any entry feature greater than three (3)
feet in height shall not be more than six (6) feet wide for
a walkway entry or more than sixteen (16) feet wide for
a driveway entry. (Ord. 5326 §5, 2017: Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 5008 §5, 2007: Ord. 4950 §8
(Exh. A) (part), 2005)
20.46.030 HOME OCCUPATIONS.
Home occupations are permitted in a residential
dwelling unit subject to the following limitations:
(a) The business shall clearly be subordinate to the
use of the dwelling unit for residential purposes.
(b) The business shall be wholly situated indoors.
(c) No person shall be employed in the home occu-
pation unless a resident of the dwelling unit.
(d) There shall be no exterior display, storage or
other exterior indication of the existence of the home
occupation, except as allowed by the underlying zone.
(e) One (1) additional off-street parking space
shall be provided in addition to the number of off-street
parking spaces already required for the dwelling. The
Director may waive this requirement if the home occu-
pation involves Internet services that do not require cus-
tomers or deliveries at the residence.
(f) Any sales of product shall be limited to those
produced on the premises, except products produced
elsewhere may be allowed, provided the business is pri-
marily involved in the product’s distribution and does
not attract buyers to the property for retail or wholesale
sales.
(g) Sales and services to patrons shall be arranged
through appointment so that only one (1) patron vehicle
is on the premises at any given time.
(h) Not more than fifty (50) percent of the gross
floor area of the dwelling may be devoted to the home
occupation use.
Number Subject
Tables-11 (Revised 1/18)
5266 Adopts 2015 budget (Special)
5267 Amends 2014 budget (Special)
5268 Amends wastewater comprehensive plan (Special)
5269 Amends Ch. 5.06, rental property registration (5.06)
5270 Amends Ch. 2.32; repeals Ord. 5167, arts commission (2.32)
5271 Cascade natural gas franchise (Special)
5272 Alley vacation (Special)
5273 Adds Ch. 3.32, self-in sured health and welfare reserve fund (3.32)
5274 Amends § 13.04.140, liquor in city parks (13.04)
5275 Amends § 15.02.130, backflow and cross-connection control and inspection (15.02)
5276 Repeals and replaces Ch. 11.08; repeals Ch. 11.10, sidewalk and street frontage (11.08)
5277 Amends 2015 budget (Special)
5278 Adds § 2.19.040, warrant officers (2.19)
5279 Amends and recodifies Ch. 2.100 as Ch. 2.40, public access citizens advisory committee (2.40)
5280 Amends Ch. 3.36, contingency reserve fund (3.36)
5281 Bonds issuance (Special)
5282 (Number not used)
5283 Amends Ch. 7.05, prohibited animals (7.05)
5284 Amends Ch. 9.48, fireworks (9.48)
5285 Street vacation (Special)
5286 Amends § 10.04.034, inattention to driving (10.04)
5287 Amends Ords. 4875 and 5226, energy franchise (Special)
5288 Amends §§ 15.01.030 and 15.06.020 and rates and fees for department of public works and utilities,
municipal utilities (15.01, 15.06)
5289 Amends § 3.50.050; repeals Ord. 5224, utility taxes (3.50)
5290 2016 tax levy (Special)
5291 Bonds issuance (Special)
5292 Adopts 2016 budget (Special)
5293 Amends 2015 budget (Special)
5294 Amends §§ 7.08.010 and 7.08.020, cat and dog licenses (7.08)
5295 Amends § 2.62.040, judges pro tempore, court commissioners, municipal court hearing examiner (2.62)
5296 Amends §§ 5.12.010, 5.12.170 and 5.12.190, taxicabs (5.12)
5297 Amends Ch. 11.25; assumes transportation benefit district (11.25)
5298 Amends § 15.06.030, water rates (15.06)
5299 Amends subarea plans; repeals and replaces comprehensive plan (Special)
5300 Amends shoreline master program (Repealed by 5327)
5301 Amends subarea plans, § 6.32.010 and Title 20, land use (6.32, 20.02, 20.04, 20.10, 20.12, 20.14, 20.16,
20.18, 20.40, 20.42, 20.44, 20.46, 20.48, 20.50, 20.52, 20.54, 20.58, 20.60, 20.62, 20.70, 20.74, 20.75,
20.76, 20.78, 20.79, 20.82, 20.86, 20.92, 20.94, 20.96, 20.97, 20.98)
5302 Adds Figures 3.78(c) through 3.78(g); amends §§3.78.020 and 3.78.050 and boundaries of the down-
town regional center residential target area; repeals and replaces Figures 3.78(a) and 3.78(b), multifam-
ily property tax exemption (3.78)
5303 Amends 2016 budget (Special)
5304 Adds § 17.04.050; amends §§ 17.04.020, 17.04.040, 17.04.080 and 17.04.110, building code (17.04)
5305 Bond issuance (Special)
5306 Amends § 15.03.040, wastewater service beyond city limits (15.03)
5307 Amends § 3.50.050, utility taxes (3.50)
5308 Amends §§ 11.02.040, 11.12.080, 11.12.090 and 11.12.110, streets and rights-of-way (11.02, 11.12)
5309 Amends Ch. 13.10, municipal trees (13.10)
5310 Amends § 15.01.020, Ch. 15.04 and § 15.06.050, municipal utilities (15.01, 15.04, 15.06)
Number Subject
(Revised 1/18)Tables-12
5311 Repeals and replaces Ch. 2.18, audit committee and city auditor (2.18)
5312 Amends § 20.42.040 and Ch. 20.52, sign standards (20.42, 20.52)
5313 2017 tax levy (Special)
5314 Amends Ord. 5288, rates and fees for department of public works and utilities (Not codified)
5315 Adopts 2017 budget (Special)
5316 Amends 2016 budget (Special)
5317 Street vacation (Special)
5318 Repeals and replaces Ch. 2.88, ADA advisory committee (2.88)
5319 Adds §§ 20.79.070 and 20.98.070; amends §§ 20.02.150, 20.42.040(g) and (o), 20.44.020, 20.44.070,
20.50.050, 20.62.020, 20.62.070, 20.70.070, 20.82.060, 20.82.070, 20.86.070 and 20.92.070; repeals
§§ 20.46.120 and 20.54.090, land use (20.02, 20.42, 20.44, 20.50, 20.62, 20.70, 20.79, 20.82, 20.86,
20.92, 20.98)
5320 Annexation (Special)
5321 Amends §§ 15.01.020, 15.02.130, 15.03.100, 15.03.110, 15.06.015, 15.06.020 and 15.07.020, utilities
(15.01, 15.02, 15.03, 15.06, 15.07)
5322 Amends Ch. 7.05, prohibited animals (7.05)
5323 Amends 2017 budget (Special)
5324 Amends Ord. 5314, rates and fees for department of public works and utilities (Not codified)
5325 Amends Ch. 9.92, chronic nuisance properties (9.92)
5326 Adds § 20.82.040; amends §§ 20.02.140, 20.42.040(a), 20.46.020, 20.46.050 and 20.62.020, land use
(20.02, 20.42, 20.46, 20.62, 20.82)
5327 Repeals and replaces Ord. 5300, shoreline master program (Not codified)
5328 Amends Ch. 5.36, special events (5.36)
5329 Amends § 13.04.140, liquor in city parks (13.04)
5330 Amends § 20.46.010, accessory dwelling units (20.46)
5331 Amends Ch. 11.08, sidewalk and street frontage (11.08)
5332 Amends §§ 17.04.040 and 17.04.080, building and residential code amendments (17.04)
5333 Amends § 5.02.040, business licenses (5.02)
5334 Amends § 7.08.030(b), commercial pet facilities, grooming parlors and animal welfare facilities (7.08)
5335 (Tabled)
5336 Amends § 3.50.050, utility taxes (3.50)
5337 Amends Ords. 4875, 5226 and 5287, energy franchise (Special)
5338 Amends comprehensive plan and zoning map (Special)
5339 2018 tax levy (Special)
5340 Amends Ord. 5324, rates and fees for department of public works and utilities (Not codified)
5341 Adopts 2018 budget (Special)
5342 Amends 2017 budget (Special)
5343 Amends §§ 2.15.030, 3.50.020, 3.50.070, Ch. 3.72, § 3.74.050, Ch. 3.82, §§ 3.86.040, 5.02.050,
5.02.060, 5.02.120, 5.03.040, 5.03.050, 5.03.120, 5.08.010, 5.08.020, 5.16.010, 5.16.020, 5.16.050,
5.17.010, 5.17.020, 5.17.050, 5.17.060, 5.17.070, 5.22.010, 5.36.010, 5.36.050, 5.96.020 and 5.96.050,
taxes and licenses (2.15, 3.50, 3.72, 3.74, 3.82, 3.86, 5.02, 5.03, 5.08, 5.16, 5.17, 5.22, 5.36, 5.96)
5344 Amends § 3.48.030, business and occupation tax definitions (3.48)