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Home My WebLink About004-25 - Ordinance - Admin Fees for Special Events and CabaretsDocusign Envelope ID: 5A9D852E-FAE6-4350-BDF8-ACB4C88D2911 ORDINANCE NO. 004-25 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO ADMINISTRATIVE FEES FOR PERMITS; AMENDING PORT ORCHARD MUNICIPAL CODE SECTIONS 5.94.030, 5.94.060 AND 5.20.040; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Port Orchard incurs administrative costs associated with the implementation of City regulations and policies; and WHEREAS, the City maintains a Fee Schedule, which is a centralized list of all fees associated with land use and public works permitting, and the City Council recently updated the master Fee Schedule through adoption of Resolution No. 022-25; and WHEREAS, at Chapter 5.94 of the Port Orchard Municipal Code (POMC), the City maintains procedures for special events to facilitate their occurrence while also addressing the impacts events may have, in further protection of the public's health, safety and welfare; and WHEREAS, at Chapter 5.20 of the POMC, the City maintains permitting requirements for businesses that meet the definition of "cabaret", which are defined as "any room, place or space in the city open for service to the public or members in which the guests, patrons, entertainers or other persons are allowed to dance, sing, or perform music or live entertainment, including comedy, in connection with the restaurant business orthe business of directly or indirectly selling food or refreshments, including liquor, for consumption on or within the premises"; and WHEREAS, as a component of Resolution No. 022-25, fees associated with special events and cabaret licensing were included in the Fee Resolution and updated to reflect current administrative costs; and WHEREAS, because the fees associated with special events were placed in the Fee Schedule, the City Council desires to remove the specific dollar amount from POMC Sections 5.94.030 and 5.94.060, and defer to the Fee Schedule for continuity and consistency; and WHEREAS, similarly, the City Council desires to remove the specific dollar amount from POMC Section 5.20.040 for cabaret licensing, and defer to the Fee Schedule for continuity and consistency, and to remove the "Fire District review and inspection fee", which is no longer a separate charge as this work is now performed by the City in-house; and WHEREAS, the City Council finds that the amendments herein balance the goal of encouraging special events to foster community with addressing impacts from such events, balance the administrative permitting costs with the cost borne by local businesses, are consistent with goals and policies of the City's Comprehensive Plan and related regulations, and serve the public health, safety, and general welfare of the citizens of Port Orchard; now, therefore, Docusign Envelope ID: 5A9D852E-FAE6-4350-BDF8-ACB4C88D2911 Ordinance No. 004-25 Page 2 of 4 THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Port Orchard Municipal Code 5.94.030 is hereby amended to read as follows: 5.94.030 Permit — Required. (1) No person, firm, company, nonprofit, or corporation shall run, manage, operate, or conduct any special event without having applied for and received a special event permit in advance of such special event, as required by this chapter. (2) There shall be a nonrefundable administrative fee, as established by the city council in its fee resolution, to process each application submitted, which is to be paid to the finance department. The fee is due upon when the application is submitted to the city clerk's office. Each application shall be for only one event. (3) A complete application for a special event permit for an event that does not require the closure of any street or highway shall be filed with the city clerk's office no less than 90 calendar days, and no more than one calendar year, before the date when the proposed special event is to take place. (4) For an event that requires city street or a state highway closure, a complete application for a special permit shall be filed with the city clerk's office no less than 120 days, and no more than one calendar year, before the date when the proposed special event is to take place. All events requiring street or highway closure shall be submitted to the City Council for approval. For an event that requires state highway closure, if the City Council approves of the event the applicant shall proceed to seek permission from the Washington State Department of Transportation (WSDOT) to close the state highway, and the applicant shall provide proof of WSDOT permission to the City Clerk upon receipt from WSDOT and in advance of the event as set out in POMC 5.94.040. SECTION 2. Port Orchard Municipal Code 5.94.060 is hereby amended to read as follows: 5.94.060 Standards of issuance. The city clerk or designee shall issue (or approve with conditions) a special event permit as provided herein upon certification from the departments/authorities listed in POMC 5.94.050 who have been consulted, based on the following considerations: (1) The applicant has provided all of the required application materials and has provided any additional documents or information requested by the city. Docusign Envelope ID: 5A9D852E-FAE6-4350-BDF8-ACB4C88D2911 Ordinance No. 004-25 Page 3 of 4 (2) The applicant has paid the administrative processing fee, as established by the city council in its fee resolution. (3) The proposed special event location is available because no other events are scheduled to take place at the location on that date and time or, if another event is scheduled to take place, that event organizer has provided written consent to the city clerk to allow a parallel event to take place at the same location, date, and time. (4) The applicant is holding an event using both public and private property and has provided written documentation that the private property owners allow them to use the private property for their event. (5) The applicant has received City Council approval for a street or highway closure, and for a highway closure, the applicant has provided a copy of either an event agreement with WSDOT or a letter of acknowledgment from WSDOT, as needed. (6) The police department, fire authority, and public works department have determined the following: (a) The proposed event will not endanger public safety or health, with necessary public safety and traffic control provisions; (b) The proposed event will not seriously inconvenience or impair the general public's use of public property, services, or facilities; (c) The location of the proposed event will not substantially interfere with any construction or maintenance work scheduled to take place upon or along public property or right-of-way, or a previously granted encroachment permit; and (d) The proposed event is not scheduled to occur along a route or at a location adjacent to a school or class during a time when such school or class is in session, and the noise created by the activities of the event would substantially disrupt the educational activities of the school or class. (7) The city clerk received no written comments from the public demonstrating undue hardship or other substantial negative effects of the special event on their property, business or quality of life. SECTION 3. Port Orchard Municipal Code 5.20.040 is hereby amended to read as follows: 5.20.040 License — Fees. Docusign Envelope ID: 5A9D852E-FAE6-4350-BDF8-ACB4C88D2911 Ordinance No. 004-25 Page 4 of 4 (1) The license fees shall be as established by the city council in its fee resolution. (2) The annual license fee shall be payable prior to January 31st for the year required or prior to commencement of business in the city. The annual license fee shall not be prorated for a partial year but the full fee provided herein shall be payable regardless of the date of application. (3) For any license procured after the applicable date required in this section, there is assessed and shall be collected by the city clerk, in addition to the required license fee, a penalty of $10.00 per month, which shall not be prorated. SECTION 4. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION S. This ordinance shall be posted and published as required by law and shall be effective and in full force five (5) days following publication. A summary of this ordinance may be published in lieu of publishing the ordinance in its entirety. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 13th day of May 2025. Signed by: 3R9R492F3F5847n Robert Putaansuu, Mayor ATTEST: Signed by: :6VAJAJ� V"I MN ,�}ttttnllll N1111//ii Brandy Wallace, MMC, City Clerk SEAL APPROVED APPROVED AS TO FORM: Signed by: WA, ,,,% 203701F95520457 Charlotte A. Archer, City Attorney PUBLISHED: May 16, 2025 EFFECTIVE DATE: May 21,2025