009-05 - Ordinance - Amending Section 5.12.030 to Exempt Vendors at Farmers Market from Business License RequirementsNOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular
Council meeting held April 11, 2005.
ORDINANCE NO. 009-05
AN ORDINANCE OF THE CITY PORT ORCHARD, WASHINGTON,
AMENDING PORT ORCHARD MUNICIPAL CODE SECTIONS 5.12.030
TO EXEMPT VENDORS AT THE FARMER'S MARKET FROM
BUSINESS LICENSE REQUIREMENTS.
Copies of Ordinance No. 009-05 are available for review at the office of the City Clerk of the City of Port
Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any
interested person without charge. Thirty days after publication, copies of Ordinance No. 009-05 will be
provided at a nominal charge.
City of Port Orchard
Michelle Merlino
Deputy Clerk
Publish: Port Orchard Independent
April 16, 2005
KitsaplegalsCsoundpublishingcom
ORDINANCE NO. 009-05
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING PORT ORCHARD MUNICIPAL CODE SECTIONS 5.12.030
TO EXEMPT VENDORS AT THE FARMER'S MARKET FROM BUSINESS
LICENSE REQUIREMENTS
WHEREAS, Port Orchard Municipal Code Chapter 5.12 provides that persons
engaged in business within the city, including vendors at the Farmer's Market, must obtain individual
business licenses, except as expressly exempted; and
WHEREAS, the Port Orchard City Council has determined that it is in the public
interest to exempt vendors at the Farmer's Market from the business license requirements because
of the limited nature of the commercial activity involved, in order to promote vendor participation at
the Farmer's Market, and because the sponsor of the Farmer's Market remains subject to city
licensing requirements; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN
AS FOLLOWS:
SECTION 1. Port Orchard Municipal Code section 5.12.030 is hereby amended by adding a
new subsection (10) to read as follows:
5.12.030 Exemptions.
The following operations shall be exempt from obtaining a business license:
(1) Any instrumentality of the United States, state of Washington or any political
subdivision thereof, with respect to the exercise of governmental functions;
(2) Any person, firm, or corporation which the city is forbidden to tax by law;
(3) Pursuant to RCW 36.71.090, no business license shall be required of any farmer,
gardener or other person to sell, deliver or peddle any fruits, vegetables, berries, eggs or
any farm produce or edibles raised, gathered, or produced by such person;
(4) No business license shall be required of any minor engaging in a de minimis
entrepreneurial venture with permission of the property owner, including but not limited to
such trade and activities as running a lemonade stand;
(5) Accredited public or private schools, colleges or universities, as to their education
endeavors only; churches and other religious bodies, as to their religious activities only;
fraternal organizations and lodges as to their fraternal and lodge activities only; civic and
charitable organizations, including nonprofit hospitals and clinics, as to their civic and
charitable activities only; but not as to any business activities by these entities;
(6) Garage, yard and rummage sales;
(7) Representatives from businesses located outside the city limits calling on licensed
businesses within the city limits for purposes of wholesale business;
(8) Vendors of books, periodicals, newspapers or others exempted by law;
(9) Individual vendors at fundraising events held by tax-exempt nonprofit
Ordinance No. 009-05
Page 2of2
organizations described by Section 501(c)(3) (educational and charitable), 501(c)(4) (social
welfare), or 501(c)(10) (fraternal societies operating as lodges) of the Internal Revenue
Code, when the vending activities are conducted by the individual vendor for a period not
exceeding a cumulative total of three days and constitute the vendor's only business activity
within the city, and as a condition to participation in the event, the individual vendor pays a
lump sum or a portion of the gross revenues to the nonprofit organization. (Ord. 1871 § 1,
2002; Ord. 1701 § 3, 1997);
(10) Any person, business, or organization engaged in public property
vending, as defined by POMC section 5.96.010(6), at a Farmer's Market.
SECTION 2. This ordinance shall be in full force and effect five (5) days after posting and
publication as required by law. A summary of this Ordinance may be published in lieu of the entire
ordinance, as authorized by State Law.
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 11t" day of April 2005.
ATTEST:
Carol Etgen, City Clerk/
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KIM E. ABEL, MAYOR
Sponsored by:
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