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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/ ;� �, �. 4-;j KIM E. ABEL, MAYOR Sponsored by: AClauson4,C4ouncii�lman