037-18 - Ordinance - Amending Section 5.96 Temporary VendorsORDINANCE NO. O37.L8
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
AMEND NG SECTION 5.96 OF THE PORT ORCHARD MUNIC PAt CODE
TEMPORARY VENDORS TO ADDRESS THE APPLICAB LITY OF THAT
SECT ON TO MUITI-VENDOR EVENTS; PROVID NG FOR SEVERAB L TY
AND PUBLICATION; AND SETT NG AN EFFECTIVE DATE.
WHEREAS, the City Council adopted Ordinance No. L567 on December 28, t992
thereby, establishing regulations for the issuance of licenses to temporary vendors
within the City of Port Orchard; and
WHEREAS, pursuant to Engrossed House Bill (EHB) 2005, adopted by the State
Legislature in 2OL7, a city business license workgroup was established and has drafted
language for a model business license ordinance to be adopted by all cities, which
includes both legislative requirements of defining the meaning of "engaging in business"
and setting a minimum threshold; and
WHEREAS, on September 1L,20L8, the City council adopted Ordinance no. O28-
L8, meeting the requirement of EHB 2005, which will be effective on January L,2OL9;
and
WHEREAS, the City's business license code, provides that vendors participating
in multi-vendor events can be exempted from the business license requirement if the
City adopts an ordinance stating that exemption; and
WHEREAS, on December 10, 20L8, the Economic Development Committee
recommended continuing with the current policy, which provides that if a vendor is
participating in a multi-vendor event or tradeshow, they shall be exempt from having to
obtain a Port Orchard City business license; now, therefore,
THE C TY COUNC L OF THE CITY OF PORT ORCHARD, WASH NGTON, DO
ORDA N AS FOLLOWS:
SECTTON 1. Section 5.96.010 of the Port Orchard Munici pal Code is hereby amended to
read as follows:
5.95.010 Definition.
(1) "Master multi-vendor event" means an event involving two (21 or more vendors
engaged in public property vending in a common location under a common theme.
Events that are scheduled for more than one day in a common location under a
common theme are considered one event.
(2) "Master multi-vendor event license" means a public property vending license issued
to a master multi-vendor event sponsor for a master multi-vendor event.
Ordinance No. 037-L8
Page 2 of 6
(3) "Master multi-vendor event sponsor" means the person, business or organization
requesting a master multi-vendor event license.
(4) "Non-profit organization" means an organization which has been granted nonprofit
status by the Secretary of State of Washington or the Internal Revenue Service.
(5) "Public property" means (a) land that the city owns that has the capacity to hold an
event; (b) any site owned by the city designed or developed for recreational use by the
public; or (c) any road, public parking lot, city street, highway, boulevard, or place in the
city open as a matter of right to public travel and shall include arterials, neighborhood
streets, alleys, bicycle paths and pedestrian ways; including streets or portions thereof
which are designated as portions of the state highway system.
(6) "Public property vending" means the act of selling merchandise, edible or not edible,
from a vending device on public property for the purpose of gain, benefit or advantage,
direct or indirect, to the vendor.
(7) "Vending device" means a stand, booth, cart, basket, tray, table or other device from
which the selling of merchandise, edible or not edible, occurs.
(8) "Vending site" means the physical location where the vendor's vending device will be
located while engaged in public property vending.
(9) "Vendor" means any person, business, or organization engaged in public property
vending.
SECTION 2. Section 5.95.020 of the Port Orchard Munici pal Code is hereby amended to
read as follows:
5.96.020 Vendor L cense.
(1) No vendor shall engage in public property vending unless such vendor has complied
with all applicable provisions of this chapter.
(2) All vendors engaged in public property vending must display a valid public property
vending license in a prominent and visible place on the vendor's vending device.
(3) (a) Sponsors of events classified as a multi-vendor event shall obtain a master multi-
vendor event license. lndividua! master multi-vendor event vendors shal! be exempt
from public property vendor license fees. The sponsor of the master multi-vendor event
shal! provide a list of participating vendors, their business names, their addresses and
their State Tax Revenue ldentification Numbers to the city clerk within three working
days after the first day of the operation of the master multi-vendor event. The sponsor
of an ongoing master multi-vendor event shall submit an updated vendor list as
additional vendors participate in the event. The updated list shall be submitted within
three working days of each day of operation in which the event has new participants. No
updated list is required if no new vendors participate. Nothing in this section shall be
construed to exempt participants in a master multi-vendor event from any
Ordinance No. 037-18
Page 3 of 5
requirements of this chapter other than individual license fees unless specifically stated
within this chapter.
(b) Nonprofit status shal! be granted to a master multi-vendor event permit application
only upon proof that all participating vendors have obtained nonprofit status.
SECT ON 3. Section 5.95.030 of the Port Orchard Municipal Code is hereby amended to
read as follows:
5.96.030 Vendor license - Requ rements, duration, fees and renewal.
(1) The granting of a public property vending license is conditioned in part upon the
submission and approval of the following to the office of the city clerk:
(a) A public property vendor license application and appropriate fee as established by
this section;
(b) A copy of a current city business license or a copy of the business license application
(vendors participating in a master multi-vendor event need not obtain a city business
license);
(c) A permit or other written document from the local county health department
granting approva! of the vending device which will be used by the vendor if food or
beverage items will be sold;
(d) A copy of a food handler's permit, issued by the local county health department for
each person who will be dispensing food or beverage products from the vending device;
(e) A certificate of insurance as provided for in POMC 5.96.060.
(2) The following requirements apply to all vendors engaged in public property vending
and a public property vending license may be revoked for violation of any of these
requirements:
(a) Vending devices must be removed from vending sites daily between the hours of
10:00 p.m. and 5:00 a.m.;
(b) Vending devices and vending sites must be clean and orderly at all times. The vendor
must furnish a suitable refuse container and is responsible for the daily disposal of
refuse deposited therein. Refuse containers must be removed each day along with
vending devices;
(c) Vendors may engage in public property vending only in the location specified in the
public property license. The location shall be deemed the vending site;
(d) Utility service connections are not permitted, except electrical when provided with
written permission from the adjacent property owner. Electrical lines are not allowed
overhead or lying in the pedestrian portion of the sidewalk;
Ordinance No. 037-18
Page 4 of 6
(e) No mechanical audio or noisemaking devices are allowed and no hawking is allowed;
(f) A vinyl or canvas umbrella may be added to the vending device, but its open
diameter may not exceed eight and one-half feet. Any part of the umbrella must have a
minimum of seven feet of vertical clearance to the area on which the vending device
stands;
(g) lndividual vendor advertising signs may be placed only upon the vending device.
Temporary master event advertising signs may be placed as approved by the city
engineer;
(h) No conduct shall be permitted which violates any other section of the Port Orchard
Municipal Code;
(i) Any vendor engaged in public property vending shall, upon demand being made by a
police officer, produce a valid public property vending license for inspection;
U) The vending site must be compatible with the public interest in the use of the street,
sidewalk or public place as a public right-of-way or public park. Vendors shall not block
public access through the public right-of-way. There shall be a minimum of four feet
clearance for pedestrian access at all times;
(k) A vendor shall not engage in public property vending nor shall a vending site be
granted for a location within 10 feet of intersecting sidewalks.
(3Xa) The fee for a public property vendor license shal! be either S15.00 per day for
each vending device or SZOO.00 per month for each vending device payable at the time
application for such license is made. No public property vendor license shall exceed 90
calendar days. A vendor may apply for a renewal of a current public property vendor
license by submitting a renewal application and applicable fees to the city clerk prior to
the expiration of the existing public property vendor license. A renewal application shall
be treated as a new application.
(b) The fee for a master multi-vendor event license shall be S1S.O0 per event day.
SECT ON 4. Section 5.95.050 of the Port Orchard Munici pal Code is hereby amended to
read as follows:
5.95.050 License - Revocation.
(1) A public property vendor license and/or a master multi-vendor event license is
wholly of a temporary nature and vests no permanent rights. lt may be revoked at any
time by the city clerk without notice, renewal denied, or application for license denied
for any of the fo!lowing reasons:
(a) The use or occupation of the vending site location becomes dangerous or unsafe;
Ordinance No. 037-18
Page 5 of 6
(b) The local county health department withdraws approval or cancels the necessary
permits;
(c) The vendor, vendor representative, or master event sponsor violates any provision of
the Port Orchard Municipal Code;
(d) The public property vendor/master multi-vendor event license applicant knowingly
misrepresents facts in the license application;
(e) The vendor’s/master multi-vendor event sponsor’s insurance in the amounts
required by POMC 5.96.060 is not current or in full force;
(f) The master multi-vendor event sponsor fails to submit vendor participants list as
required by POMC 5.96.020(3).
(2) In the event that the city clerk determines that a license should be revoked in
accordance with this section, the notice and appeal procedures set forth in POMC
5.12.120(2) through (6) shall apply.
SECTION 5. Section 5.96.060 of the Port Orchard Municipal Code is hereby amended to
read as follows:
5.96.060 Insurance.
(1) Prior to issuance of the license, the licensee shall, at its own expense, obtain a
certificate of insurance with minimum amounts of Commercial General Liability
coverage and Combined Single Limit auto liability for bodily injury required by the city’s
insurer. The applicant’s insurance policy shall name, by endorsement, the City of Port
Orchard as an additional insured. Such liability insurance will protect licensee, adjacent
property owners, and the city from any and all claims for damage to property or death
or injury to persons which may arise or result from operations or activities under the
license. The policy shall not terminate or be canceled prior to the expiration of the
license and any renewals thereof without at least 30 days’ written notice to the city
clerk.
(2) A master multi-vendor event license applicant shall provide insurance for the master
multi-vendor event as required by this section.
SECTION 6. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 7. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 8. Effective Date. This Ordinance shall take effect and be in full force and
effect five days after publication, as provided by law.
Ordinance No. 037-18
Page 5 of 5
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 18th day of December 2018.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinea n,MMC, City Clerk
APPROVED AS TO FORM:
ron Cates, City Attorney Bek Ashby, Councilmember
Sponsored by:
PUBLISHED:
EFFECTIVE DATE:
Decemb er 28,2OL8
January 2,2OL9
NOTICE 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 December 18, 2018.
ORDINANCE NO. 037-18
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
AMENDING SECTION 5.96 OF THE PORT ORCHARD MUNICIPAL CODE
TEMPORARY VENDORS TO ADDRESS THE APPLICABILITY OF THAT SECTION
TO MULTI-VENDOR EVENTS; PROVIDING FOR SEVERABILITY AND
PUBLICATION; AND SETTING AN EFFECTIVE DATE.
Copies of Ordinance No. 037-18 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. 037-18 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, December 28, 2018