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Title 7
BUSINESS LICENSES AND REGULATIONS*

Chapters:

7.02    Business Licenses and Regulations

7.04    Business Licenses—Licensee Identification

7.06    Commute Trip Reduction

7.08    Ambulances

7.12    Amusement Devices

7.16    Auctions and Auctioneers

7.20    Cabarets

7.22    Carnivals and Circuses

7.24    Dances and Dance Halls

7.26    Erotic Performance Establishments

7.32    Massage Parlors and Public Bathhouses

7.36    Pawnbrokers and Secondhand Dealers

7.44    Taxicabs and For-Hire Vehicles

7.48    Gambling Restrictions—Tax

7.52    Celebrations

7.56    Charitable Solicitation

7.60    Repealed

7.61    Cable Television—Procedures and Terms for
Grant of Franchises

7.68    Motor Vehicle Towing and Storage Service

7.72    Newsstands

*     For the statutory provisions authorizing code cities to license, to regulate, make inspections and to impose excises for regulation or revenue in regard to all places and kinds of business production, commerce, entertainment, exhibition and upon all occupations, trades and professions and any other lawful activity, see RCW 35A.82.020.

    Side sewer contractor’s license—See Chapter 15.32 of this code.

Chapter 7.02
BUSINESS LICENSES AND REGULATIONS

Sections:

7.02.010    Purpose.

7.02.020    Policy and scope.

7.02.030    Definitions.

7.02.040    Business license required.

7.02.050    Operating without a license.

7.02.060    No license required in certain circumstances.

7.02.070    Presumptions.

7.02.080    Finance director as license officer.

7.02.090    Repealed.

7.02.100    Application for license.

7.02.110    Review of application.

7.02.120    Basic license fee.

7.02.130    Regulatory licenses.

7.02.140    Utilities.

7.02.150    Temporary business.

7.02.160    Revenue generating regulatory license fee (RGRL).

7.02.170    Determination of number of employees for RGRL.

7.02.175    Temporary employees.

7.02.180    License period, renewal and terms.

7.02.190    Penalty for late payment.

7.02.200    Debt owed to city.

7.02.210    Transfer or sale of business—New license required.

7.02.220    Notification of termination of business activities.

7.02.230    Notification of exemption.

7.02.240    Requests for director review.

7.02.250    Appeal.

7.02.260    Suspension or revocation of license—Criteria.

7.02.270    Procedures for revocation or suspension.

7.02.280    License fee additional to others imposed.

7.02.290    License not construed to permit prohibited uses or activities.

7.02.010 Purpose.

The provisions of this chapter shall be deemed an exercise of the power of the city to license for regulation and for revenue. (Ord. 3884 § 2 (part), 2003)

7.02.020 Policy and scope.

All persons engaging in a business or occupation within the limits of the city shall be subject to the provisions of this chapter. (Ord. 4161 § 1, 2008: Ord. 3884 § 2 (part), 2003)

7.02.030 Definitions.

Where used in this chapter, the following words and terms shall have the meanings as defined in this section, unless, from the context, a more limited or different meaning is clearly defined or apparent:

(a)    “Business” includes all activities, occupations, pursuits, or professions located and/or engaged within the city, with the object of gain, benefit or advantage to the person engaging in the same, or to any other person or class, directly or indirectly, and includes nonprofit enterprises.

(b)    “Business license” means that document issued by the city licensing the transaction of the indicated business by the person whose name appears thereon for the stated period.

(c)    “Engaging in business” means commencing, conducting or continuing in any business within the city, whether or not an office or physical location for the business lies within the city. “Engaging in business” includes the performance of work or services by contractors, consultants, representatives, agents or other persons within the city, even though the office location of the contractor, consultant, representative, agent or other person is not within the city limits; the exercise of corporate or franchise powers, as well as the liquidation of a business when the liquidators hold themselves out to the public as conducting such business; acting as a solicitor or canvasser; and furnishing temporary employees and/or workers to other businesses. By way of illustration only and without being all-inclusive, a business with an office or physical location outside the city limits which sells or leases personal property to buyers or lessees in the city; accepts or executes a contract to perform construction or installation services contracts in the city; solicits sales in the city; or renders services to others in the city; is engaged in business in this city, irrespective of whether or not such business maintains a permanent place of business in the city.

(d)    “Finance director” or “director” means the city of Kirkland director of finance or his/her designee.

(e)    “Gross receipts” shall have its ordinary meaning and also means the value accruing from the business activity within the city or conducted from the city including compensation for the rendition of services (without any deduction for labor costs or the cost of materials used), sale of personal property (without any deduction for the cost of property sold), gains or dividends realized, rents, royalties, contributions, fees and commissions, all without any deduction for any expense, taxes, or losses.

(f)    “Person” includes individual natural persons, any firm, corporation, association, sole proprietor, club, partnership, trust, receiver, administrator, executor, estate, company, independent contractor, society, any officer, agent, personal representative, any group of individuals acting as a unit, the United States or the state of Washington or any instrumentality thereof, and includes the singular and the plural.

(g)    “City” means the city of Kirkland, Washington.

(h)    “Year” means a calendar year, except where otherwise specified or when permission is obtained from the director to use a different fiscal year.

(i)    “L&I” means the Washington State Department of Labor and Industries.

(j)    “Place of business” or “office” includes, but is not limited to, the following: maintaining, occupying, or using a permanent building or facility or fixed location as an office or location for conducting business; or a location where the regular business of the person is conducted and which is either owned by the person or over which the person exercises legal dominion and control; or a location which includes a business sign, mailing address, and permanent phone. A vehicle such as a pickup, van, truck, boat or other motor vehicle will not be considered a place of business for purposes of this chapter.

(k)    “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. Persons who hold themselves out to the public as making sales at retail or wholesale are deemed to be engaged in business, and sales made by them of the type of property which they hold themselves out as selling are not casual or isolated sales even though such sales are not made frequently.

(l)    “Employee” means and includes each of the following persons who are not required by the city to have his/her/its own separate city of Kirkland business license:

(1)    Any person who is on the business’s payroll, and includes all full-time, part-time, and temporary employees or workers; and

(2)    Self-employed persons, sole proprietors, owners, managers, and partners; and

(3)    Any other person who performs work, services or labor at the business, including an independent contractor who is not required to have a separate city of Kirkland business license.

(m)    “Contractor” means any person who, in the capacity of an independent contractor, contracts with any business, property owner or person to perform a particular job or jobs, whether the remuneration received for performing the job or jobs is on a cost-plus basis, a flat sum basis or a salary computed at so much per hour.

(n)    “Subcontractor” means any person who in the capacity of an independent contractor contracts with any contractor to perform a particular trade or job, whether the remuneration received for performing the job or jobs is on a cost-plus basis, a flat sum basis, or a salary basis computed at so much per hour. (Ord. 4161 § 2, 2008: Ord. 3990 § 1, 2005: Ord. 3884 § 2 (part), 2003)

7.02.040 Business license required.

(a)    It is unlawful to engage in any business within the city without first having obtained a business license (“license”) from the city and being the holder of a currently valid license to engage in such business or activity.

(b)    If a business is conducted from more than one premises in the city a separate registration and license shall be required for each premises within the city.

(c)    If more than one business is conducted upon or from a single premises a separate registration and license shall be required for each separate business conducted, operated, engaged in or practiced.

(d)    Persons or companies doing business in Kirkland must comply with this chapter regardless of the physical location of the business (i.e., whether inside or outside Kirkland city limits).

(e)    Limited Exemption from Multiple License Requirements. A business which holds a currently valid city of Kirkland general business license need not obtain an additional business license to conduct business at a second location so long as the second location is not rented, leased, subleased or owned by such business. (Ord. 4161 § 3, 2008: Ord. 3884 § 2 (part), 2003)

7.02.050 Operating without a license.

(a)    Any person who engages in or carries on a business without having obtained a business license when required to do so shall be guilty of a violation of this chapter for each day during which the business is so engaged in or carried on. Any person who fails or refuses to pay a fee required under this chapter, or any part thereof, on or before the due date, shall be deemed to be operating a business without having obtained a license to do so. Except as otherwise specified, any person violating this chapter shall be guilty of a misdemeanor crime.

(b)    A business failing to obtain or maintain a currently valid license and yet conducting business within the city is hereby declared to be a public nuisance. Any remedy provided by this code with respect to a public nuisance is in addition to other remedies provided under this chapter. (Ord. 3884 § 2 (part), 2003)

7.02.060 No license required in certain circumstances.

(a)    Employees. The requirement for a separate business license shall not apply to a person in respect to the person’s employment in the capacity as an employee, as distinguished from, for example, that of an independent contractor. For purposes of this section, it shall be presumed that a person is not an employee of a business unless that business makes contributions to the state Employment Security Department on behalf of such person. The fact that the business makes industrial insurance contributions on behalf of such worker will not rebut this presumption.

(b)    Farmers. No license or registration fee will be required for any farmer, gardener, or other person to sell, deliver, or peddle any fruits, vegetables, berries, eggs, or any farm produce or edibles raised, gathered, produced, or manufactured by such person; provided, that this exemption does not apply to any dairy product, meat, poultry, eel, fish, mollusk, or shellfish (except as otherwise provided with regard to wild-caught salmon and crab under RCW 36.71.090).

(c)    Real Estate Agents. For the purposes of this chapter, “real estate agent” means a person who is licensed under Chapter 18.85 RCW and whose license is being retained by a broker licensed as a broker under Chapter 18.85 RCW (“designated broker”). Due to the unique legal controls placed upon the real estate agent/broker relationship, a real estate agent whose license is retained by a designated broker holding a currently valid city of Kirkland business license is not required to have his/her own separate business license if all of the following are true:

(1)    The real estate agent engages in no business in Kirkland other than the work with the designated broker; and

(2)    The designated broker notifies the city in writing as part of each year’s business license renewal of the name of each real estate agent that the city should consider to be the equivalent of an employee of the designated broker for the purposes of this chapter; and

(3)    The designated broker includes the real estate agent in counting the number of employees to determine the revenue generating regulatory license fee (RGRL) to be paid for the designated broker’s business license and includes the real estate agent’s gross receipts in calculating the designated broker’s gross receipts for the purposes of this chapter.

(d)    No license is required if a person engages in no activities within the city but the following:

(1)    Mere delivery of goods;

(2)    Activities that are within the term and scope of a city special event permit, Chapter 19.24 (e.g., vendors at a temporary booth who are included under an entity’s special event permit, consistent with the term and activity for which the permit was issued);

(3)    Activities that are within the term and scope of a city-operated and city-managed parks event that would otherwise be exempt if they were conducted pursuant to a special events permit;

(4)    Meeting with suppliers of goods and services as a customer;

(5)    Attending meetings where the person does not provide training for a fee;

(6)    Renting personal property as a customer when the property is not used in the city;

(7)    Sale of one’s own residence;

(8)    Employing a household employee or being a customer of a domestic worker (e.g., babysitters, nannies, health aides, maids, or yard workers); or

(9)    Casual and isolated sales.

(e)    No license or registration fee will be required for any judge or court commissioner of the Kirkland municipal court or for any person filing a judicial or hearing examiner position for the city of Kirkland. (Ord. 4198 § 1, 2009: Ord. 4161 § 4, 2008: Ord. 3990 § 2, 2005: Ord. 3884 § 2 (part), 2003)

7.02.070 Presumptions.

The following presumptions shall be made in interpreting and applying this chapter, unless rebutted as provided in this chapter:

(a)    It shall be presumed that an entity that has been issued a Unified Business Identifier Number (“UBI”) by the state of Washington is a separate business that is required to have its own city of Kirkland business license.

(b)    It shall be presumed that an entity that has been issued a state industrial insurance account number, a state self-insurer number, or a state revenue tax reporting account number is a separate business that is required to have its own city of Kirkland business license.

(c)    It shall be presumed that average annual gross receipts of an entity are at least twenty thousand dollars per each employee who works for the entity in Kirkland.

(d)    It shall be presumed that an owner, manager, and/or managing partner of a business that is more than sixty days late in paying any amount due under this chapter is willfully, knowingly and intentionally evading his or her legal duties under this chapter. (Ord. 4161 § 5, 2008: Ord. 3884 § 2 (part), 2003)

7.02.080 Finance director as license officer.

(a)    The administration of this chapter shall be accomplished under the direction of the director. The director may make and publish rules of procedure and regulations for the administration of this chapter. It is unlawful to violate or knowingly fail to comply with any such rule or regulation.

(b)    The finance director shall collect all license fees and shall issue licenses in the name of the city to all persons qualified under the provisions of this chapter and shall have the authority to:

(1)    Adopt Forms. Adopt application, license, renewal, annual return, and all other necessary or convenient forms and prescribe the information to be provided. Such required information shall include, but not be limited to, the name of the applicant, his or her residence address, place of business, the nature of the business, the form of ownership, the names of all officers of the business and the number of employees.

(2)    Obtain Endorsement. Submit applications, when deemed appropriate, to other city officials for their endorsements thereon as to compliance by the applicant with all city regulations which the officials have the duty of enforcing.

(3)    Investigate. Investigate and determine the eligibility of any applicant for a license, the amount of fees or other amounts due as prescribed herein, and the correctness of data submitted to the city.

(4)    Examine Records. Examine and audit the books and records of any applicant, licensee, or business when reasonably necessary to the administration of this chapter. The records of a business, including federal and state tax returns and invoices, shall be open for examination by the director or authorized agent at any time to the extent authorized by law. The director may require the attendance of any person at a time and place fixed by the director or authorized agent in accordance with and to the extent authorized by applicable law.

(5)    Give Notice. Notify any applicant of the acceptance or rejection of the application.

(6)    Regulate Form of Licenses. Ensure that each license is numbered, and shows the name of the licensee, and business address. (Ord. 3884 § 2 (part), 2003)

7.02.090 Confidentiality.

Repealed by Ord. 4161. (Ord. 3884 § 2 (part), 2003)

7.02.100 Application for license.

(a)    Formal Application Required. Every person required to have a license shall submit the city’s application for business license form to the finance department. At the same time, the applicant should deposit with the finance department the total amount due for the annual license. Alternatively, the applicant may request city assistance in determining the amount due. An application will not be considered complete until the city receives the total amount due for the annual license.

(b)    The applicant shall state the address or addresses of the business or proposed business or businesses; the name and address of the owner or applicant; an emergency notification name, phone number and address; the type of business; the number of employees; and other information as requested by the director.

(c)    If the applicant is a partnership, the application must be made by one of the partners; if a corporation, by one of the officers thereof; if a foreign corporation, partnership or nonresident individual, by the resident agent or local manager of the corporation, partnership or individual.

(d)    Commencement of Business Activities. No person shall be entitled or authorized to engage in business within the city until such time as the director has approved the issuance of a business license pursuant to the terms of this chapter. The issuance of a receipt for the amount deposited with the application and/or the acceptance of a business license application by the city shall not be deemed to grant any right or privilege under this chapter, except as otherwise provided by law.

(e)    Burden on Applicant. The director is authorized, but not required, to mail to persons engaging in business forms for applications for licenses, but failure of the person to receive any such form shall not excuse the person from making application for and obtaining the license required by this chapter. (Ord. 3884 § 2 (part), 2003)

7.02.110 Review of application.

(a)    The director, upon receipt of an application form, shall cause an investigation and review of the application to be made by the proper city officials, and shall issue or deny issuance of the license within thirty days after the city receives a complete application.

(b)    The proposed use of premises shall not be in violation of any city building, safety, fire, health or land use regulations as determined by the city department charged with the enforcement of said regulations.

(c)    If a person required by the terms and provisions of this chapter to pay a license fee for any period fails or refuses to do so, he/she/it shall not be granted a license for the current period until the delinquent license fee, together with penalties, has been paid in full. Neither the applicant nor the proposed business shall be in default under the provisions of this chapter or indebted or obligated in any manner to the city, except for current taxes and other obligations not past due.

(d)    Qualifications of Applicants. The director may deny issuance (or renewal) of a business license or permit when the licensee, officer or partner thereof, or another person with a legal interest in the license:

(1)    Knowingly causes, aids, abets, or conspires with another to cause any person to violate any of the laws or regulations of this state or the city which may affect or relate to the licensed business;

(2)    Has obtained a license or permit by fraud, misrepresentation, concealment, or through inadvertence or mistake;

(3)    Is convicted of, forfeits bond upon, or pleads guilty to any offenses related to the operation of the licensed business or had a license revoked or suspended by the city or another jurisdiction;

(4)    Makes a misrepresentation or fails to disclose a material fact to the city related to any of the obligations set forth in this chapter;

(5)    Violates any building, safety, fire or health regulation on the premises in which the business is located after receiving warning from the city to refrain from such violations; or

(6)    Is in violation of a zoning regulation of the city.

(e)    If an application is denied, any person aggrieved may request director review as provided in this chapter. (Ord. 4161 § 7, 2008: Ord. 3884 § 2 (part), 2003)

7.02.120 Basic license fee.

The basic license fee for the annual license issued under this chapter shall be as follows:

(a)    Basic Fee. Each business with twelve thousand dollars or more in average annual gross receipts shall pay a basic business license fee of one hundred dollars per year.

(b)    Registration Fee. Any business with less than twelve thousand dollars average annual gross receipts shall pay a registration fee of fifty dollars per year.

(c)    Exemptions. The following entities may claim an exemption from the basic license fee or registration fee, but if exempt under this subsection such entities shall still register under this chapter:

(1)    Certain Organizations Exempt from Federal Income Tax. An organization that files with the city a copy of its current IRS 501(c)(3) exemption certificate issued by the Internal Revenue Service.

(2)    A governmental entity that engages solely in the exercise of governmental functions. Activities which are not exclusively governmental, such as some of the activities of a hospital or medical clinic, are not exempt under this chapter.

(3)    A nonprofit business operated exclusively for a religious purpose, upon furnishing proof to the finance director of its nonprofit status. For the purposes of this chapter, the activities that are not part of the core religious functions are not exempt.

(4)    Civic groups, service clubs, and social organizations that are not engaged in any profession, trade, calling, or occupation, but are organized to provide civic, service, or social activities in the city. Examples of such organizations may include, but are not limited to: Soroptomists; Kiwanis; Lions; Rotary; American Legion; children’s and adults’ athletic organizations; and similar types of groups, clubs or organizations.

(5)    A business that can demonstrate to the satisfaction of the director that it is exempt due to preemption by state or federal law. (Ord. 4161 § 8, 2008: Ord. 3990 § 4, 2005: Ord. 3884 § 2 (part), 2003)

7.02.130 Regulatory licenses.

A business that holds a current valid city of Kirkland regulatory license under another chapter of this code must also file the general business license application form, pay the general business license fee and pay the revenue generating regulatory license fee (RGRL) pursuant to this chapter. The license fee levied in this chapter shall be additional to any license fee or tax imposed or levied under the law or any other ordinance of the city except as expressly provided herein. (Ord. 4161 § 9, 2008: Ord. 3884 § 2 (part), 2003)

7.02.140 Utilities.

(a)    A business that pays a utility occupation tax to the city pursuant to Chapter 5.08 must also file the general business license application form and pay a general business license fee.

(b)    A business that pays a utility occupation tax to the city pursuant to Chapter 5.08 is subject to the RGRL which is set forth in this chapter. (Ord. 4161 § 10, 2008: Ord. 3884 § 2 (part), 2003)

7.02.150 Temporary business.

(a)    General. One act of engaging in business in the city is sufficient to require a city business license. However, a person may apply to the city for a temporary business permit instead of a general business license. The city will be the sole judge as to whether a business qualifies for a temporary permit, considering factors such as whether the business has a fixed location within the city, whether the business has previously applied for a temporary permit within the last twelve months, and the city’s experience with similar activities.

(b)    Permit. If a temporary business permit is approved by the city, it will allow the conduct of business for not more than thirty-five consecutive days. The permit shall state an expiration date which shall be not more than thirty-five calendar days after its term begins. The fee for this permit is fifty dollars. There will be no charge for this permit when business will be engaged in solely by an organization with a current IRS 501(c)(3) exemption certificate. A person who engages in business in accordance with the requirements of this section is not required to obtain a general city business license.

(c)    Revocation. Once a permit has been issued, the city may find that the actual conduct of the business does not qualify for a temporary permit. If so, the city may revoke the temporary permit and require the person to immediately obtain a general business license. (Ord. 4161 § 11, 2008: Ord. 3884 § 2 (part), 2003)

7.02.160 Revenue generating regulatory license fee (RGRL).

(a)    General. In addition to the basic license fee, the highest applicable RGRL in this section shall be paid for the annual license issued under this chapter.

(1)    A business with less than twelve thousand dollars of average annual gross receipts shall be exempt from any RGRL.

(2)    For the purposes of this section and in determining the applicable RGRL, the term “employee” means and includes each of the following persons who are not required by the city to have his/her/its own separate city of Kirkland business license:

(A)    Any person who is on the business’s payroll, and includes all full-time, part-time, and temporary employees or workers; and

(B)    Self-employed persons, sole proprietors, owners, managers, and partners; and

(C)    Any other person who performs work, services or labor at the business, including an independent contractor who is not required to have a separate city of Kirkland business license.

(3)    An entity that is entirely exempt from paying the basic license fee shall be exempt from any RGRL.

(4)    An entity with some activities or functions that are exempt from the basic license fee and some that are not exempt shall pay an RGRL based on the number of its employees that are involved in the functions or activities that are not exempt.

(b)    Amount of RGRL.

(1)    Revenue Generating Regulatory License (RGRL) Fee Method. Except as otherwise provided by this chapter, every person engaging in business within the city shall pay an RGRL based upon the number of employee hours worked in Kirkland during the previous year. Annual employee hours are calculated based on the sum of the four quarterly reports submitted to the Washington State Department of Labor and Industries for the previous year. It will be the responsibility of the employer to determine the number of hours worked within the city from these reports. Businesses that did not file quarterly reports with the Washington State Department of Labor and Industries shall determine the number of hours worked within the city and demonstrate, if required, to the satisfaction of the finance director or his/her authorized agent, that the number of employee hours worked is correct.

(2)    The annual license fee (base fee and RGRL) shall be calculated by adding the base fee of one hundred dollars per business license to the full-time-equivalent employees that worked in Kirkland multiplied by one hundred dollars. The approved tax rate per full-time employee is $0.052084 (which represents a RGRL multiplier of $0.052084 per employee hour worked), as may be adjusted herein. Employers without a full year history would need to estimate the number of employee hours that will be worked in the current calendar year.

(3)    If a business has more than one location in Kirkland, the annual business license fee calculation must include a base fee for each location and the RGRL for annual employee hours at all locations.

(c)    Alternative FTE Method. A business may choose to calculate its annual license fee by adding the one-hundred-dollar base fee to the RGRL based on multiplying one hundred dollars by the number of its employees. The number of employees shall be based on the sum of the employees in the four quarterly reports submitted to the Washington State Department of Labor and Industries for the previous year divided by four. It will be the responsibility of the employer to determine the number of employees working within the city from these reports. Businesses that did not file quarterly reports with the Washington State Department of Labor and Industries shall determine the number of employees working in the city and demonstrate, if required, to the satisfaction of the finance director or his/her authorized agent, that the number of employees is correct. Employers without a full year history would need to estimate the number of employees that will work in the city for the current calendar year.

(1)    Once the FTE methodology has been selected, it must be used for future renewals.

(2)    Businesses with more than one location must use the same method of calculation for all locations.

(3)    For businesses with employees who work less than one thousand, nine hundred twenty hours per year (the work hour figure used by the Washington Department of Labor and Industries) the total number of hours worked by all such employees during the four quarters of the previous year shall be added together and divided by one thousand, nine hundred twenty to determine the FTE equivalency.

(4)    It will be the responsibility of the business to determine the total number of FTEs (or equivalency) and demonstrate, if required, to the satisfaction of the finance director or his/her authorized agent that the calculation is accurate.

(d)    The license fee for a business required to be licensed under this chapter and not located within the city’s corporate limits shall be calculated by adding the one-hundred-dollar base fee and the RGRL based upon the number of employee hours worked within the city, but in no event shall the license fee be less than the minimum fee set forth in this chapter. If the number of employee hours worked is not known at the time of renewal, the business shall estimate the maximum number of employee hours they anticipate using in Kirkland during the year.

(e)    Businesses doing business in the city that have no employees physically working within the city shall pay the minimum license fee required under this chapter.

(f)    The minimum fee for any license issued under this chapter shall be two hundred dollars (a base fee of one hundred dollars and an RGRL of one hundred dollars), as may be adjusted herein.

(g)    Payment made by draft or check shall not be deemed a payment of the fee unless and until the same has been honored in the usual course of business, nor shall acceptance of any such check or draft operate as a quittance or discharge of the fee unless and until the check or draft is honored. Any person who submits a business license fee payment by check to the city pursuant to the provisions of this chapter shall be assessed an NSF fee set by the finance director if the check is returned unpaid by a bank or other financial institution for insufficient funds in the account or for any other reason.

(h)    If any person required by the terms and provisions of this chapter to pay a license fee for any period fails or refuses to do so, he shall not be granted a license for the current period until the delinquent license fee, together with penalties, has been paid in full. Any license fee due and unpaid under this chapter and any penalties thereon shall constitute a debt to the city and may be collected in court proceedings in the same manner as any other debt in like amount, which remedy shall be in addition to all other existing remedies.

(i)    If no higher RGRL applies under this section, then the minimum RGRL shall be one hundred dollars. (Ord. 4161 § 12, 2008: Ord. 3884 § 2 (part), 2003)

7.02.170 Determination of number of employees for RGRL.

For the purposes of this section, “employee” shall be defined as in Section 7.02.160.

(a)    Standard Rule. In determining the amount of RGRL to be paid for the upcoming license year, the number of employees shall be the current number of employees or the number of employees on the last regular working day of each of the last twelve months divided by twelve, whichever is higher. Each person who comes under the definition of “employee” shall be counted as one employee, even if the person works part-time.

(b)    Alternative Method (“FTE”). A business may choose to calculate the number of employees for the purpose of the RGRL according to the following alternative method based on the number of employee hours worked for the business during the previous year:

(1)    The business must notify the city of its choice to use the FTE method. It will be the responsibility of the business to determine the number of hours worked for the business, taking into account the information submitted to L&I in the last four quarterly reports. The business must demonstrate, to the satisfaction of the director, that the alternative calculation is accurate. The director may require the business to submit copies of its L&I reports.

(2)    Each employee who worked more than one thousand, nine hundred twenty hours during the previous year (including paid time off) shall be counted as one employee. If a person such as an owner or partner devotes more than one thousand, nine hundred twenty hours per year to the business, then that person must be counted as one employee for RGRL purposes.

(3)    Where there are employees who work less than one thousand, nine hundred twenty hours per year, the total number of hours worked by all such employees during the previous year shall be added together and divided by one thousand, nine hundred twenty. A fraction of one-half or over shall be rounded up. Hours worked by persons who are defined as employees for RGRL purposes must be included in the calculation even if the business is not required to report to L&I concerning such persons.

(4)    The results from subsection (b)(2) of this section plus subsection (b)(3) of this section shall be the total number of employees used to determine the amount of the RGRL.

(c)    New Businesses. The RGRL for a business that did not submit reports for each of the last four quarters to L&I shall be based on the estimated number of employees of that business. The business shall provide its estimate of the average number of employees for the upcoming year. The city will determine the number of employees that will be used in calculating the amount of the RGRL. If, during the license year, the city determines that the actual number of employees is significantly different than estimated, then the amount of the RGRL will be recalculated for the new business. If the revised RGRL is higher, the business must pay the difference within thirty days after notification.

(d)    Over-Reporting Number of Employees. A licensee may request that the city refund RGRL overpaid on the basis that the business miscounted the number of employees by an error factor of more than fifteen percent. The request must be in writing and the city must receive the request and all supporting documentation no later than sixty days after the end of the licensee’s fiscal year in which the error was made. If the city is satisfied that the licensee paid an excess RGRL, then the city will refund the excess RGRL paid by the licensee.

(e)    Under-Reporting of Employees. If the city determines that the number of employees was under-reported at the time of application or renewal by an error factor of more than fifteen percent, the business shall pay the balance of the applicable RGRL together with a penalty of twenty percent of such balance due. The business shall also reimburse the city for any accounting, legal, or administrative expenses incurred by the city in determining the under-reporting or in collecting the additional amounts. The director shall mail written notice of the amount to be paid and the business shall pay said amount to the city within thirty days. If the city does not receive timely payment, an additional penalty shall be added, applying the schedule for late payments in this chapter. (Ord. 4161 § 13, 2008: Ord. 3884 § 2 (part), 2003)

7.02.175 Temporary employees.

The following provisions shall apply to businesses engaged in the practice of providing temporary employees or workers (“temporary agencies”) to businesses located within the city and to businesses located within the city which utilize the services of such employees or workers:

(a)    Temporary agencies located within the city shall include all temporary employees and workers placed with businesses located within the city in calculating the number of employee hours worked, in addition to employees described under Section 7.02.160;

(b)    Temporary agencies located outside the city which place temporary employees or workers with businesses located within the city shall include all such temporary employees and workers in calculating the number of hours worked by their employees;

(c)    Businesses located within the city which utilize temporary employees or workers provided by a temporary agency shall not include the temporary employees or workers in calculating the number of their employee hours;

(d)    Temporary agencies placing temporary employees and workers within the city shall calculate the number of hours worked by such employees and workers in the manner provided by Section 7.02.160(a);

(e)    In submitting an initial business license application or subsequent renewal application, all businesses located within the city which use temporary employees or workers furnished by a temporary agency shall indicate the number of employee hours worked by using the formula set forth in Section 7.02.160(a) and further indicate the names and addresses of the temporary agencies furnishing said employees or workers. Failure to so report the number of hours worked by temporary employees or workers or the names and addresses of the agencies furnishing said employees or workers shall result in imposition of a penalty equal to ten percent of the company’s total business license fee. In addition, failure to report may result in revocation, suspension, or denial of the business license. (Ord. 4161 § 14, 2008)

7.02.180 License period, renewal and terms.

(a)    A business license will expire on the last day of the twelfth month after it is issued (“license year”). Each licensee shall be responsible for renewal of the license for each license year. A business shall submit its application for renewal at least fifteen calendar days prior to the expiration of its license.

(b)    Display of License. A license granted under this chapter shall be posted in a conspicuous place in the place of business of the licensee. No person shall allow any license to be posted, displayed, or used after its expiration, suspension, or revocation, or if it is not a valid license for the premises where displayed.

(c)    The business name, address and application form of each licensed business is for the purposes of Chapter 42.17 RCW a public record, subject to request for public record disclosure.

(d)    Change of Location. A licensee must notify the city of a change in location and obtain a new business license unless the city will issue a replacement license. The replacement license will be issued free of charge if the licensee demonstrates, to the satisfaction of the director, that the business can be legally conducted at the new location and that no changes are being made other than that the existing business is moving to the new location.

(e)    Payment made by draft or check shall not be deemed a payment of the fee unless and until the same has been honored in the usual course of business, nor shall acceptance of any such check or draft operate as a quittance or discharge of the amounts due unless and until the check or draft is honored. (Ord. 3884 § 2 (part), 2003)

7.02.190 Penalty for late payment.

(a)    A business that fails to renew its license on time shall pay a penalty in addition to the amount charged for the annual license as follows:

(1)    Up to twenty-nine days late, a penalty of twenty-five dollars or ten percent of the amount for the license, whichever is greater;

(2)    Between thirty and fifty-nine days late, a penalty of fifty dollars or fifty percent of the amount for the license, whichever is greater;

(3)    Sixty or more days late, a penalty of one hundred dollars or one hundred percent of the amount for the license, whichever is greater;

(4)    The director is authorized, but not obligated, to waive all or a portion of the penalties provided herein in the event that the director determines that the late payment was the result of excusable neglect or extreme hardship.

(b)    Late Application. A business that fails to obtain a license before first commencing business in Kirkland shall pay a penalty according to the schedule in subsection (a) of this section in addition to the amount charged for the annual license for all years the business has been in operation or to the greatest extent allowed by law; provided, that the number of days late shall mean the number of days between the commencement of business and the date the city receives a complete application. (Ord. 4161 § 15, 2008: Ord. 3884 § 2 (part), 2003)

7.02.200 Debt owed to city.

(a)    Any amount due and unpaid under this chapter and any penalty thereon shall constitute a debt to the city and may be collected in the same manner as any other debt, including through court proceedings, and these remedies shall be in addition to all other existing remedies. Interest shall accrue on amounts owed to the city under this chapter at the same rate as provided for superior court judgments.

(b)    Issuance of a business license does not forgive amounts owed to the city or penalties thereon. (Ord. 3884 § 2 (part), 2003)

7.02.210 Transfer or sale of business—New license required.

A city business license is personal to the licensee and is nontransferable, except as provided in this chapter. Upon the sale or transfer of a business, the license issued to the prior owner or transferor shall automatically expire on the date of such sale or transfer. The new owner must obtain a new business license; provided, that the director may waive the provisions of this section if the business demonstrates, to the satisfaction of the director, that the change in the entity is not a change in ownership. (Ord. 3884 § 2 (part), 2003)

7.02.220 Notification of termination of business activities.

(a)    Any person who obtains a city business license and thereafter ceases to engage in business shall so notify the city in writing. A business shall be presumed to continue in operation within the city until the city receives such notice of termination of business activities and enforcement proceedings may be conducted on the basis of this presumption.

(b)    There shall be no pro rata refund of the basic license fee. However, a business may request a pro rata refund of the RGRL if the city receives such request within thirty days after business activities cease. The city shall calculate and refund such pro rata amount based on the date business ceased or the date the city received the required notice, whichever is later. (Ord. 4161 § 16, 2008: Ord. 3884 § 2 (part), 2003)

7.02.230 Notification of exemption.

(a)    A licensee may request that the city reissue a business license on the basis of a new or newly recognized exemption or partial exemption. The request must be in writing and the city must receive the request and all supporting documentation no later than thirty days prior to the expiration date of the current license.

(b)    If the city is satisfied that the exemption or partial exemption applies, then the city will refund a pro rata amount of excess fees based on the date the city received all information necessary to consider the request. Both the basic license fee and the RGRL are subject to pro rata refund. (Ord. 4161 § 17, 2008: Ord. 3884 § 2 (part), 2003)

7.02.240 Requests for director review.

(a)    Any person aggrieved by a presumption or rule in this chapter and any person seeking a waiver or interpretation under this chapter may request director review of the same.

(b)    The request for review shall be delivered in writing to the finance department within fourteen calendar days after the person discovers the issue of concern.

(c)    The director may require the person to submit background information and may hold a conference with the person. After review, and the conference if one is held, the director will make a determination regarding the issue of concern. The director will mail notice of the determination to the person. This determination is subject to appeal pursuant to Section 7.02.250. If no such appeal is filed, the determination shall become final. (Ord. 3884 § 2 (part), 2003)

7.02.250 Appeal.

(a)    Any person aggrieved by a determination of the director may appeal such determination to the hearing examiner pursuant to this section.

(b)    Form of Appeal. An appeal must be in writing and must contain the following:

(1)    The name and address of the appellant;

(2)    A statement identifying the determination of the director from which the appeal is taken;

(3)    A statement setting forth the grounds upon which the appeal is taken and identifying specific errors the director is alleged to have made in making the determination; and

(4)    A statement identifying the requested relief from the determination being appealed.

(c)    Time and Place to Appeal. An appeal shall be filed with the director with a copy to the city clerk’s office no later than fourteen calendar days following the date on which the city mailed the notice of the determination. Failure to follow the appeal procedures in this section shall preclude the taxpayer’s right to appeal.

(d)    Appeal Hearing. The director shall transmit the appeal to the hearing examiner. The hearing examiner shall schedule a hearing date and notify the appellant and the director of such hearing date. The hearing examiner shall conduct an appeal hearing in accordance with this chapter and procedures developed by the hearing examiner, at which time the appellant and the director shall have the opportunity to be heard and to introduce evidence relevant to the subject of the appeal.

(e)    Burden of Proof. The appellant shall have the burden of proving by a preponderance of the evidence that the determination of the director is erroneous.

(f)    Hearing Record. The hearing examiner shall make an electronic sound recording of each appeal hearing unless the hearing is conducted solely in writing.

(g)    Decision of the Hearing Examiner. Following the hearing, the hearing examiner shall enter a decision on the appeal, supported by written findings and conclusions in support thereof. A copy of the findings, conclusions and decision shall be mailed to the appellant and to the director.

(h)    Appeal Not a Stay. Filing an appeal will not stay the effect of the director’s determination. Interest and/or penalties shall continue to accrue on all unpaid amounts, notwithstanding the fact that an appeal has been filed.

(i)    A writ of review regarding the decision of the hearing examiner may be sought from King County superior court by the appellant or by the city. A proper request for a writ of review must be filed with the superior court within twenty calendar days following the date that the decision of the hearing examiner was mailed to the parties. Review by the superior court shall be on, and shall be limited to, the record on appeal created before the hearing examiner. Filing with the court does not automatically stay the effect of the city’s decision. (Ord. 4161 § 18, 2008: Ord. 3884 § 2 (part), 2003)

7.02.260 Suspension or revocation of license—Criteria.

The director may suspend or revoke a business license or permit when the licensee, officer or partner thereof, or another person with a legal interest in the license:

(1)    Knowingly causes, aids, abets, or conspires with another to cause any person to violate any of the laws of this state or the city which may affect or relate to the licensed business;

(2)    Has obtained a license or permit by fraud, misrepresentation, concealment, or through inadvertence or mistake;

(3)    Is convicted of, forfeits bond upon, or pleads guilty to any offenses related to the operation of the licensed business;

(4)    Makes a misrepresentation or fails to disclose a material fact to the city related to any of the obligations set forth in this chapter;

(5)    Violates any building, safety, fire or health regulation on the premises in which the business is located after receiving warning from the city to refrain from such violations;

(6)    Is in violation of a zoning regulation of the city; or

(7)    Is indebted or obligated to the city for past due fees or taxes, excluding special assessments such as LID assessments. (Ord. 3884 § 2 (part), 2003)

7.02.270 Procedures for revocation or suspension.

(a)    When the director determines that there is a reasonable basis for suspending or revoking a business license, the director shall notify the licensee by regular and certified mail of the city’s intention to suspend or revoke such license. The notice shall also state the reason for the suspension or revocation and the date that the suspension or revocation will become effective unless a hearing is requested. The suspension or revocation shall become effective eight days after the date the notice is mailed unless the licensee, within such eight-day period, files a written request with the director for a hearing. The licensee shall state why the criteria in Section 7.02.260 do not apply to his/her/its business.

(b)    Hearing Procedure. The director shall schedule and hold a hearing within twenty days following receipt of a request that meets the requirements of subsection (a) of this section. The suspension or revocation will be stayed pending the director’s decision after the hearing. At the hearing, both the licensee and the city shall be entitled to present evidence.

(c)    Upon the completion of the hearing, the director shall make a decision about the suspension or revocation and shall deliver the written decision to the licensee. If delivery is via mail, it shall be by both regular and certified mail. If the decision is to suspend or revoke the license, such action shall be effective one day after delivery of the decision; provided, that the effective date shall be three days after the date of mailing, if delivery is via mail. This decision shall be the final decision of the city.

(d)    Any person who continues to engage in business after the effective date of their license suspension or revocation shall be deemed to be knowingly operating without a license for the purposes of the crime of “operating without a license” (see Section 7.02.050(a)); provided, that a person convicted of a crime involving a suspended or revoked license shall be guilty of a gross misdemeanor.

(e)    Return of License upon Revocation. Whenever a license is revoked, the licensee shall immediately return the license to the finance department. There shall be no refund of any part of the amount paid for the annual license. In order for the business to resume operation, city approval of a new application for a new annual license is required.

(f)    A writ of review regarding the suspension or revocation may be sought from King County superior court. A proper request for a writ of review must be filed with the superior court within twenty calendar days after the effective date of the suspension or revocation. Review by the superior court shall be on, and shall be limited to, the information that was before the director. Filing with the court does not automatically stay the suspension or revocation. (Ord. 3884 § 2 (part), 2003)

7.02.280 License fee additional to others imposed.

The license fee required by this chapter shall be additional to any license fee or tax imposed or levied under the law or any other ordinance of the city, except as expressly provided herein. (Ord. 3884 § 2 (part), 2003)

7.02.290 License not construed to permit prohibited uses or activities.

Notwithstanding any provisions to the contrary, a license hereunder shall not be issued to any person who uses or occupies or proposes to use or occupy any real property or otherwise conducts or proposes to conduct any business in violation of the provisions of any ordinance of the city of Kirkland or of the statutes of the state of Washington. The granting of a business license shall in no way be construed as permission or acquiescence in a prohibited activity or other violation of the law. (Ord. 3884 § 2 (part), 2003)

Chapter 7.04
BUSINESS LICENSES—LICENSEE IDENTIFICATION

Sections:

7.04.010    Businesses requiring fingerprinting.

7.04.010 Businesses requiring fingerprinting.

Every person making application to the city in regard to the following shall, in addition to all other information and requirements which may be required by the ordinances of the city, be fingerprinted for the purpose of positive identification:

(1)    Civil service positions (police and fire);

(2)    Taxi license and taxi operator’s permits;

(3)    Ambulance license and ambulance operator’s permits;

(4)    Private detective license;

(5)    Merchant patrolman’s license;

(6)    Concealed weapons and pistol purchase permits;

(7)    Public dance hall license;

(8)    Cabaret license. (Ord. 2089 § 1, 1970)

Chapter 7.06
COMMUTE TRIP REDUCTION

Sections:

7.06.010    Definitions.

7.06.020    City of Kirkland CTR plan.

7.06.030    Commute trip reduction goals.

7.06.040    CTR goals for affected employers.

7.06.050    Responsible agency.

7.06.060    Applicability.

7.06.070    Requirements for employers—RCW 70.94.531.

7.06.080    CTR program report and description.

7.06.090    Biennial measure of employee commute behavior.

7.06.100    Record keeping.

7.06.110    Schedule and process for CTR program review and implementation.

7.06.120    Enforcement.

7.06.130    Worksite exemptions.

7.06.140    Employee exemptions.

7.06.150    Appeals.

7.06.010 Definitions.

For the purpose of this chapter, the following definitions shall apply in the interpretation and enforcement of this chapter:

(1)    “Affected employee” means a full-time employee who is scheduled to begin his or her regular workday at a single worksite between six a.m. and nine a.m. (inclusive) on two or more weekdays per week for at least twelve continuous months. For the purposes of this chapter, shareholders, principals and associates in a corporation, partners (general or limited) in a partnership and participants in a joint venture are to be considered employees.

(2)    “Affected employer” means a public or private employer that, for twelve continuous months, employs one hundred or more full-time employees at a single worksite who are scheduled to begin their regular workday between six a.m. and nine a.m. (inclusive) on two or more weekdays. The individual employees may vary during the year. Construction worksites, when the expected duration of the construction is less than two years, are excluded from this definition.

(3)    “Alternative commute mode” means any type of commute transportation other than that in which the single-occupant motor vehicle is the dominant mode, including telecommuting and compressed workweeks if they result in reducing commute trips.

(4)    “Alternative work schedules” mean programs such as compressed workweeks that eliminate work trips for affected employees.

(5)    “Base year” means the twelve-month period which commences when a major employer is determined by the city to be participating within the CTR program. The city uses this twelve-month period as the basis upon which it develops CTR goals.

(6)    “Base year survey” or “baseline measurement” means the survey, during the base year, of employees at a major employer worksite to determine the drive-alone rate and vehicle miles traveled per employee at the worksite. The city uses this measurement to develop CTR goals for the major employer. The baseline measurement must be implemented in a manner that meets the requirements specified by the city.

(7)    “Carpool” means a motor vehicle, including a motorcycle, occupied by two to six people of at least sixteen years of age traveling together for their commute trip, resulting in the reduction of a minimum of one motor vehicle commute trip.

(8)    “City” means the city of Kirkland.

(9)    “Commute trips” means trips made from a worker’s home to a worksite (inclusive) on weekdays.

(10)    “CTR” is the abbreviation of commute trip reduction.

(11)    “CTR plan” means the city’s plan as set forth in this chapter to regulate and administer the CTR programs of affected employers within its jurisdiction.

(12)    “CTR program” means an employer’s strategies to reduce affected employees’ drive-alone vehicle use and VMT per employee.

(13)    “Commute trip vehicle miles traveled per employee” means the sum of the individual vehicle commute trip lengths in miles over a set period divided by the number of full-time employees during that period.

(14)    “Compressed workweek” means an alternative work schedule, in accordance with employer policy, that regularly allows a full-time employee to eliminate at least one workday every two weeks by working longer hours during the remaining days, resulting in fewer commute trips by the employee. This definition is primarily intended to include weekly and biweekly arrangements, the most typical being four ten-hour days or eighty hours in nine days, but may also include other arrangements.

(15)    “Custom bus/buspool” means a commuter bus service arranged specifically to transport employees to work.

(16)    “Dominant mode” means the mode of travel used for the greatest distance of a commute trip.

(17)    “Drive alone” means a motor vehicle occupied by one employee for commute purposes, including a motorcycle.

(18)    “Drive-alone trips” means commute trips made by employees in single occupant vehicles.

(19)    “Employee” means any person who receives financial or other remuneration in exchange for work provided to an employer, including owners or partners of the employer, provided however, an independent contractor shall not constitute an employee.

(20)    “Employee transportation coordinator (ETC)” means a person who is designated as responsible for the development, implementation, and monitoring of an employer’s CTR program.

(21)    “Employer” means a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district or other individual or entity, whether public, nonprofit, or private, that employs workers.

(22)    “Exemption” means a waiver from any or all CTR program requirements granted to an employer by the city based on unique conditions that apply to the employer or employment site.

(23)    “Flex-time” is an employer policy allowing individual employees some flexibility in choosing the time, but not the number, of their working hours.

(24)    “Full-time employee” means a person other than an independent contractor, scheduled to be employed on a continuous basis for fifty-two weeks per year for an average of at least thirty-five hours per week.

(25)    “Good faith effort” means that an employer has met the minimum requirements identified in RCW 70.94.531 and this chapter and is working collaboratively with the city to continue its existing CTR program or is developing and implementing program modifications likely to result in improvements to its CTR program over an agreed-upon length of time.

(26)    “Implementation” means active pursuit by an employer of the CTR goals of RCW 70.94.521 through 70.94.555 and this chapter as evidenced by appointment of a transportation coordinator, distribution of information to employees regarding alternatives to drive-alone commuting, and commencement of other measures according to their CTR program and schedule.

(27)    A “major employer” means a private or public employer, including state agencies, that employs one hundred or more full-time employees at a single worksite who are scheduled to begin their regular work day between six a.m. and nine a.m. on weekdays for at least twelve continuous months.

(28)    “Major employer worksite” or “affected employer worksite” or “worksite” means the physical location occupied by a major employer, as determined by the local jurisdiction.

(29)    “Major employment installation” means a military base or federal reservation, excluding tribal reservations, or other locations as designated by the city, at which there are one hundred or more affected employees.

(30)    “Mode” means the type of transportation used by employees, such as single-occupant motor vehicle, rideshare vehicle (carpool, vanpool), transit, ferry, bicycle, walking, compressed work week schedule and telecommuting.

(31)    “Notice” means written communication delivered via the United States Postal Service with receipt deemed accepted three days following the day on which the notice was deposited with the Postal Service unless the third day falls on a weekend or legal holiday in which case the notice is deemed accepted the day after the weekend or legal holiday.

(32)    “Peak period” means the hours from six a.m. to nine a.m. (inclusive), Monday through Friday, except legal holidays.

(33)    “Peak period trip” means any employee trip that delivers the employee to begin his or her regular workday between six a.m. and nine a.m. (inclusive), Monday through Friday, except legal holidays.

(34)    “Proportion of drive-alone vehicle trips” or “drive-alone rate” means the number of commute trips over a set period made by affected employees in drive-alone vehicles divided by the number of affected employees working during that period.

(35)    “Public works director” means the director of the public works department or his/her designee.

(36)    “Ride matching service” means a system which assists in matching commuters for the purpose of commuting together.

(37)    “Telecommuting” or “teleworking” means the use of telephones, computers, or other similar technology to permit an employee to work from home, eliminating a commute trip, or to work from a work place closer to home, reducing the distance traveled in a commute trip by at least half.

(38)    “Transit” means a multiple-occupant vehicle operated on a for-hire, shared-ride basis, including bus, passenger ferry, rail, shared-ride taxi, shuttle bus, or vanpool.

(39)    “Transportation demand management (TDM)” means a broad range of strategies that are primarily intended to reduce and reshape demand on the transportation system.

(40)    “Transportation management association (TMA)” means a group of employers or an association representing a group of employers in a defined geographic area. A TMA may represent employers within specific city limits, or may have a sphere of influence that extends beyond city limits.

(41)    “Vanpool” means a vehicle occupied by from five to fifteen people traveling together for their commute trip, resulting in the reduction of a minimum of one motor vehicle trip.

(42)    “Vehicle miles traveled (VMT) per employee” means the sum of the individual vehicle commute trip lengths in miles made by employees over a set period divided by the number of employees during that period.

(43)    “Week” means a seven-day calendar period, starting on Monday and continuing through Sunday.

(44)    “Weekday” means any day of the week except Saturday or Sunday.

(45)    “Writing,” “written,” or “in writing” means original signed and dated documents. Facsimile (fax) transmissions are a temporary notice of action that must be followed by the original signed and dated document via mail or delivery. (Ord. 4138 § 1 (part), 2009)

7.06.020 City of Kirkland CTR plan.

The city council hereby approves and adopts the August 2008 city of Kirkland CTR plan. This plan may be amended by further action of the city council.

The goals established for the jurisdiction and affected employers in the city’s commute trip reduction plan set forth in Attachment A to the ordinance codified in this chapter are incorporated herein by reference. The city staff is directed to make any corrections for typographical errors, include any graphical materials for information, and complete the commute trip reduction plan. (Ord. 4138 § 1 (part), 2009)

7.06.030 Commute trip reduction goals.

(a)    The city’s goals for reductions in the proportions of drive-alone commute trips and vehicle miles traveled per employee by affected employers in the city’s jurisdiction, major employment installations, and other areas designated by the city are hereby established by the city’s CTR plan incorporated by Section 7.06.020. These goals establish the desired level of performance for the CTR program in its entirety in the city.

(b)    The city will set the individual worksite goals for affected employers based on how the worksite can contribute to the city’s overall goal established in the CTR plan. The goals will appear as a component of the affected employer’s approved implementation plan outlined in Section 7.06.110. (Ord. 4138 § 1 (part), 2009)

7.06.040 CTR goals for affected employers.

(a)    The drive-alone and VMT goals for affected employers in the city are set forth in the CTR plan adopted in Section 7.06.020.

(b)    If the goals for an affected employer or newly affected employer are not listed in the CTR plan, they shall be established by the city at a level designed to achieve the city’s overall goals and other areas as designated by the city.

(c)    The city shall provide written notification of the goals for each affected employer worksite by providing the information when the city reviews the employer’s proposed program and incorporating the goals into the program approval issued by the city. (Ord. 4138 § 1 (part), 2009)

7.06.050 Responsible agency.

The city public works department shall be responsible for implementing this chapter, the CTR plan and the city’s CTR program for its own employees. The city public works director shall have the authority to issue such rules and administrative procedures and delegate authority to other city departments as may be necessary to implement this chapter. (Ord. 4138 § 1 (part), 2009)

7.06.060 Applicability.

The provisions of this chapter shall apply to any affected employer at any single worksite within the corporate limits of the city. Employees will only be counted at their primary worksite. The following classifications of employees are excluded from the counts of employees: (1) seasonal agricultural employees, including seasonal employees of processors of agricultural products; and (2) employees of construction worksites when the expected duration of the construction is less than two years.

(a)    Notification of Applicability.

(1)    In addition to the city’s established public notification for adoption of an ordinance, a notice of availability of a summary of this chapter, a notice of the requirements and criteria for affected employers to comply with this chapter, and subsequent revisions shall be published at least once in a newspaper of general circulation in the city within thirty days after adoption of this chapter or revisions.

(2)    Within thirty days after adoption of this chapter, the city public works director will issue to known affected employers located in the city a formal written notification by certified mail that they are subject to this chapter.

(3)    Affected employers that do not receive notice within thirty days of adoption of this chapter must identify themselves to the city public works director within ninety days of the adoption of this chapter. Upon identifying themselves within said ninety-day period, such employers will be granted ninety days from the date of self-identification within which to develop and submit a CTR program.

(4)    Affected employers that have not been identified or do not identify themselves within ninety days of the passage of the ordinance codified in this chapter and do not perform a baseline measurement consistent with the measurement requirements specified by the city within ninety days from the passage of this chapter are in violation of this chapter.

(5)    If an affected employer has already performed a baseline measurement, or an alternative acceptable to the city, previously under this chapter, the employer is not required to perform another baseline measurement.

(6)    Any existing employer of seventy-five or more persons who obtains a business license in the city, subsequent to adoption of this chapter, will be required to complete an employer assessment form. The employer assessment form will be used to assist the city public works director to determine whether or not an employer will be deemed affected or non-affected in accordance with the provisions of this chapter.

(b)    New Affected Employers. Employers that fall within definition of “affected employer” must identify themselves to the city public works director within ninety days of either moving into the boundaries of the city or growing in employment at a worksite to one hundred or more affected employees. Once they identify themselves, such employers shall submit a complete baseline survey within ninety days and they shall be granted a total of ninety days to develop and submit a CTR program. Employers who do not identify themselves within ninety days are in violation of this chapter.

(1)    Newly affected employers identified as such shall be given ninety days to perform a mandatory baseline measurement consistent with the measurement requirements specified by the city. Employers who do not perform a baseline measurement within ninety days of receiving written notification that they are subject to this chapter are in violation of this chapter.

(2)    Not more than ninety days after receiving written notification of the results of the baseline measurement, the newly affected employer shall develop and submit a CTR program to the city. The program will be developed in consultation with the city to be consistent with the goals of the CTR plan adopted in Section 7.06.020. The program shall be implemented not more than ninety days after approval by the city. Employers who do not implement an approved CTR program according to this schedule are in violation of this chapter and subject to the penalties outlined in Section 7.06.120.

(c)    Change in Status as an Affected Employer. Any of the following changes in an employer’s status will change the employer’s CTR program requirements:

(1)    If an affected employer can document that it faces an extraordinary circumstance that will change its status as an affected employer, it may apply for a full or partial exemption from CTR program requirements pursuant to Section 7.06.130.

(2)    If an employer initially designated as an affected employer no longer employs one hundred or more affected employees and expects not to employ one hundred or more affected employees for the next twelve months, that employer is placed on a twelve-month watch and is subject to the same program requirements as other affected employers. At the end of the twelve-month watch, if they no longer employ one hundred affected employees, they are no longer an affected employer. It is the responsibility of the employer to provide documentation to the city public works director that it is no longer an affected employer. The burden of proof lies with the employer. The city public works director shall review such documentation to determine whether the employer is no longer an affected employer.

(3)    If the same employer returns to the level of one hundred or more affected employees twelve or more months after its change in status to an “unaffected” employer, that employer shall be treated as a new affected employer, and will be subject to the same CTR program requirements as other new affected employers. (Ord. 4138 § 1 (part), 2009)

7.06.070 Requirements for employers—RCW 70.94.531.

An affected employer is required to make a good faith effort, as defined in RCW 70.94.534(2) and this chapter, to develop and implement a CTR program that will encourage its employees to reduce VMT per employee and drive-alone commute trips. The CTR program must include the mandatory elements described below, including submittal of a CTR program description and regular progress report. Transportation management associations may submit CTR program descriptions and biennial reports on behalf of employers; however, each affected employer shall remain accountable for the compliance of its CTR program.

(a)    Description of Employer’s CTR Program. Each affected employer is required to submit a description of its CTR program to the city on an official form available from the public works department. At a minimum, the employer’s description must include:

(1)    General description of each employment site location within the city limits, including transportation characteristics, surrounding services, and unique conditions experienced by the employer or its employees;

(2)    Number of employees affected by the CTR program;

(3)    Documentation of compliance with the mandatory CTR program elements (as described in subsection (b) of this section);

(4)    Description of the additional elements included in the CTR program;

(5)     Schedule of implementation, assignment of responsibilities, and commitment to provide appropriate resources to carry out the CTR program; and

(6)    A statement of organizational commitment to provide appropriate resources to the program to meet the employer’s established goals.

(b)    Mandatory Program Elements. Each employer’s CTR program shall include the following mandatory elements:

(1)    Transportation Coordinator. The employer shall designate a transportation coordinator to administer the CTR program. The coordinator’s and/or designee’s name, location, and telephone number must be displayed prominently at each affected worksite. The coordinator shall oversee all elements of the employer’s CTR program and act as liaison between the employer and the city. An affected employer with multiple sites may have one transportation coordinator for all sites.

(2)    Information Distribution. The employer shall provide information about alternatives to drive-alone commuting to employees at least once a year. This shall consist of, at a minimum, a summary of the employer’s program, including the transportation coordinator’s name and phone number. The summary of the employer’s CTR program shall also be submitted to the city with the employer’s program description and regular report.

Affected employers shall be required to implement the following:

(A)    Promotional events;

(B)    Commuter information center;

(C)    Preferential parking for high-occupancy vehicles, carpools and vanpools; and

(D)    Provide secure covered bicycle parking facilities.

(c)    Additional Program Elements. In addition to the specific program elements described above, the employer’s CTR program shall include a set of measures designed to meet CTR goals. Elements may include, but are not limited to, one or more of the following:

(A)    Reduced parking charges for high-occupancy vehicles;

(B)    Instituting or increasing parking charges for drive-alone commuters;

(C)    Provision of commuter ride matching services to facilitate employee ridesharing for commute trips;

(D)    Provision of subsidies for rail, transit, or vanpool fares and/or transit passes;

(E)    Provision of vans or buses for employee ridesharing;

(F)    Provision of subsidies for carpools, walking, bicycling, teleworking, or compressed schedules;

(G)    Provision of incentives for employees who do not drive alone to work;

(H)    Permitting the use of the employer’s vehicles for carpooling or vanpooling;

(I)    Permitting flexible work schedules to facilitate employees’ use of transit, carpools, or vanpools;

(J)    Cooperation with transportation providers to provide additional regular or express service to the worksite;

(K)    Construction of special loading and unloading facilities for transit, carpool, and vanpool users;

(L)    Provision of bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work;

(M)    Provision of a program of parking incentives such as a rebate for employees who do not use the parking facilities;

(N)    Establishment of a program to permit employees to work part- or full-time at home or at an alternative worksite closer to their homes which reduces commute trips;

(O)    Establishment of a program of alternative work schedules, such as a compressed work week, which reduces commute trips;

(P)    Implementation of other measures designed to facilitate the use of high-occupancy vehicles, such as on-site day care facilities, emergency taxi services, or guaranteed ride home programs;

(Q)    Charging employees for parking, and/or the elimination of free parking; and

(R)    Other measures that the employer believes will reduce the number and length of commute trips made to the site. (Ord. 4138 § 1 (part), 2009)

7.06.080 CTR program report and description.

(a)    Affected employers shall review their program and file a regular progress report with the city in accordance with the format provided by the city.

(b)    The CTR program report and description outlines the strategies to be undertaken by an employer to achieve the commute trip reduction goals for the reporting period. Employers are encouraged to consider innovative strategies and combine program elements in a manner that will best suit their location, site characteristics, business type, and employees’ commuting needs. Employers are further encouraged to cooperate with each other to implement program elements.

(c)    At a minimum, the employer’s CTR program report and description must include:

(1)    A general description of the employment site location, transportation characteristics, employee parking availability, on-site amenities, and surrounding services;

(2)    The number of employees affected by the CTR program and the total number of employees at the site;

(3)    Documentation on compliance with the mandatory CTR program elements (as described in Section 7.06.070);

(4)    Description of any additional elements included in the employer’s CTR program (as described in Section 7.06.070); and

(5)    A statement of organizational commitment to provide appropriate resources to the program to meet the employer’s established goals. (Ord. 4138 § 1 (part), 2009)

7.06.090 Biennial measure of employee commute behavior.

In addition to the baseline measurement, employers shall conduct a mandatory program evaluation as a means of determining worksite progress toward meeting CTR goals. As part of the program evaluation, the employer shall distribute and collect commute trip reduction program employee questionnaires (surveys) at least once every two years, and strive to achieve at least a seventy percent response rate from employees at the worksite. (Ord. 4138 § 1 (part), 2009)

7.06.100 Record keeping.

Affected employers shall maintain a copy of their approved CTR program description and report, their CTR program employee questionnaire results, and all supporting documentation for the descriptions and assertions made in any CTR report to the city for a minimum of forty-eight months. The city and the employer shall agree on the record keeping requirements as part of the accepted CTR program. (Ord. 4138 § 1 (part), 2009)

7.06.110 Schedule and process for CTR program review and implementation.

(a)    Document Review. The city shall provide the employer with written notification if a CTR program is deemed unacceptable. The notification must give cause for any rejection. If the employer receives no written notification of extension of the review period of its CTR program or comment on the CTR program or annual report within ninety days of submission, the employer’s program or annual report is deemed accepted. The city may extend the review period up to ninety days. The implementation date for the employer’s CTR program will be extended an equivalent number of days.

(b)    Scheduling. Upon review of an employer’s initial CTR program, the city shall establish the employer’s regular reporting date. This report will be provided in a form provided by the city consistent with Section 7.06.080.

(c)    Modification of CTR Program Elements. Any affected employer may submit a request to the city for modification of CTR requirements. Such request may be granted if one of the following conditions exist:

(1)    The employer can demonstrate it would be unable to comply with the CTR program elements for reasons beyond the control of the employer; or

(2)    The employer can demonstrate that compliance with the program elements would constitute an undue hardship.

The city may ask the employer to substitute a program element of similar trip reduction potential rather than grant the employer’s request. Requests to modify the CTR requirement shall be filed in writing at least sixty days prior to the employer’s regular reporting date. All requests for modification of CTR program must be made in writing to the city public works director by certified mail or delivery, return receipt.

(d)    Extensions. An employer may request additional time to submit a CTR program description and report, or to implement or modify a program. Such requests shall be via written notice at least thirty days before the due date for which the extension is being requested. Extensions not to exceed ninety days shall be considered for reasonable causes. The city shall grant or deny the employer’s extension request by written notice within ten working days of its receipt of the extension request. If there is no response issued to the employer, an extension is automatically granted for thirty days. Extensions shall not exempt an employer from any responsibility in meeting program goals. Extensions granted due to delays or difficulties with any program element(s) shall not be cause for discontinuing or failing to implement other program elements. An employer’s regular reporting date shall not be adjusted permanently as a result of these extensions. An employer’s regular reporting date may be extended at the discretion of the city.

(e)    Implementation of Employer’s CTR Program. Unless extensions are granted, the employer shall implement its approved CTR program, including approved program modifications, not more than ninety days after receiving written notice from the city that the program has been approved or with the expiration of the program review period without receiving notice from the city. (Ord. 4138 § 1 (part), 2009)

7.06.120 Enforcement.

(a)    Compliance. For purposes of this section, compliance shall mean:

(1)    Fully implementing in good faith all mandatory program elements as well as provisions in the approved CTR program description and report;

(2)    Providing a complete CTR program description and report on the regular reporting date; and

(3)    Distributing and collecting the CTR program employee questionnaire during the scheduled survey time period.

(b)    Program Modification Criteria. The following criteria for achieving goals for VMT per employee and proportion of drive-alone trips shall be applied in determining requirements for employer CTR program modifications:

(1)    If an employer meets either or both goals, the employer has satisfied the objectives of the CTR plan and will not be required to improve its CTR program.

(2)    If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this chapter, but has not met the applicable drive-alone or VMT goal, no additional modifications are required.

(3)    If an employer fails to make a good faith effort as defined in RCW 70.94.534(2) and this chapter, and fails to meet the applicable drive-alone or VMT reduction goal, the city shall direct the employer to revise its program within thirty days to come into compliance with the measures defined by RCW 70.94.534(2), including specific recommended program modifications. In response to the recommended modifications, the employer shall submit a revised CTR program description and report, including the requested modifications or equivalent measures, within thirty days of receiving written notice to revise its program.

(4)    The city shall review the revisions and notify the employer of acceptance or rejection of the revised program. If a revised program is not accepted, the city will send written notice to that effect to the employer within thirty days and, if necessary, require the employer to attend a conference with program review staff for the purpose of reaching a consensus on the required program. A final decision on the required program will be issued in writing by the city within ten working days of the conference.

(c)     Modification of CTR Program Goals.

(1)    An affected employer may request that the city modify its CTR program goals. Such requests shall be filed in writing at least sixty days prior to the date the worksite is required to submit its program description or annual report. The goal modification request must clearly explain why the worksite is unable to achieve the applicable goal. The worksite must also demonstrate that it has implemented all of the elements contained in its approved CTR program.

(2)    The city will review and grant or deny requests for goal modifications in accordance with procedures and criteria identified in the CTR board guidelines.

(3)    An employer may not request a modification of the applicable goals until one year after the city approval of its initial program description or biennial report.

(d)    Violations. Violation of a provision of this chapter is a civil infraction for which a monetary penalty may be imposed under this chapter. The following actions shall constitute a violation of this chapter:

(1)    Failure to self identify as an affected employer;

(2)    Failure to perform a baseline measurement, including:

(A)    Employers notified or that have identified themselves to the city within ninety days of the chapter being adopted and that do not perform a baseline measurement consistent with the requirements specified by the city within ninety days from the notification or self-identification;

(B)    Employers not identified or self-identified within ninety days of the chapter being adopted and that do not perform a baseline measurement consistent with the requirements specified by the city within ninety days from the adoption of the ordinance codified in this chapter;

(3)    Failure to develop and/or submit on time a complete CTR program;

(4)    Failure to implement an approved CTR program, unless the program elements that are carried out can be shown through quantifiable evidence to meet or exceed VMT and drive-alone goals as specified in this chapter;

(5)    Submission of false or fraudulent data in response to survey requirements;

(6)    Failure to make a good faith effort, as defined in RCW 70.94.534 and this chapter; or

(7)    Failure to revise a CTR program as defined in RCW 70.94.534(4) and this chapter.

(e)    Penalties.

(1)    No affected employer with an approved CTR program which has made a good faith effort may be held liable for failure to reach the applicable drive-alone or VMT goal.

(2)    Each day of failure by an employer to (A) implement a commute trip reduction program, or (B) modify an unacceptable commute trip reduction program, or (C) fail to perform any activity required by this chapter relating to implementation of or required modification to a CTR program shall constitute a separate violation and shall be considered a civil infraction. The penalty for a violation shall be two hundred fifty dollars per day.

(3)    An affected employer shall not be liable for civil penalties if failure to implement an element of a CTR program was the result of an inability to reach agreement with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith. Employers having unionized employees shall be presumed to act in good faith compliance if they:

(A)    Propose to a recognized union any provision of the employer’s CTR program that is subject to bargaining as defined by the National Labor Relations Act; and

(B)    Advise the union of the existence of the statute and the mandates of the CTR program approved by the city and advise the union that the proposal being made is necessary for compliance with state law (RCW 70.94.531).

(4)    Payment of a monetary penalty pursuant to this chapter does not relieve an affected employer of the duty to comply with the activities required by this chapter.

(5)    Nothing in this chapter limits the right of the city to pursue other civil or equitable remedies it may have to obtain compliance with the activities required by this chapter.

(6)    A notice of violation and imposition of monetary penalties represents a determination that a civil infraction has been committed. The determination is final unless appealed as provided in this chapter.

(7)    A notice of violation and imposition of monetary penalties shall be served on the affected employer, either personally or by mailing a copy of the notice by certified mail, postage prepaid, return receipt requested to the affected employer at his/her last known address. The person who effected personal service or service by mail shall make proof of service at the time of service by a written declaration under penalty of perjury declaring the time and date and the manner in which service was made. (Ord. 4138 § 1 (part), 2009)

7.06.130 Worksite exemptions.

An affected employer may request the city to grant an exemption from all CTR program requirements or penalties for a particular worksite. The employer must demonstrate that it would experience undue hardship in complying with the requirements of this chapter as a result of the characteristics of its business, its work force, or its location(s). An exemption may be granted if and only if the affected employer demonstrates that it faces extraordinary circumstances, such as bankruptcy, and is unable to implement any measures that could reduce the proportion of drive-alone trips and VMT per employee. Exemptions may be granted by the city at any time based on written notice provided by the affected employer. The notice should clearly explain the conditions for which the affected employer is seeking an exemption from the requirements of the CTR program. The city shall grant or deny the request within thirty days of receipt of the request. The city shall review annually all employers receiving exemptions, and shall determine whether the exemption will be in effect during the following program year. (Ord. 4138 § 1 (part), 2009)

7.06.140 Employee exemptions.

Specific employees or groups of employees who are required to drive alone to work as a condition of employment may be exempted from a worksite’s CTR program. Exemptions may also be granted for employees who work variable shifts throughout the year and who do not rotate as a group to identical shifts. The city will use the criteria identified in the CTR board administrative guidelines to assess the validity of employee exemption requests. The city shall grant or deny the request within thirty days of receipt of the request. The city shall review annually all employee exemption requests, and shall determine whether the exemption will be in effect during the following program year. (Ord. 4138 § 1 (part), 2009)

7.06.150 Appeals.

An affected employer may request an appeal of penalties.

(a)    An affected employer to whom a notice of violation and imposition of monetary penalties is directed may appeal the notice including the determination that a violation exists or may appeal the amount of any monetary penalty imposed to the city hearing examiner.

(b)    An affected employer may appeal a notice of violation by filing a written notice of appeal with the department of public works within seven calendar days from the date of service of the notice of violation and imposition of monetary penalties.

(c)    The monetary penalty for a continuing violation does not accrue during the pendency of the appeal; however, the hearing examiner may impose a daily monetary penalty from the date of service of the notice of civil infraction if he or she finds that the appeal is frivolous or intended solely to delay compliance.

(d)    The hearing before the hearing examiner shall be conducted as follows:

(1)    The office of the hearing examiner shall give notice of the hearing before the hearing examiner to the appellant at least seventeen calendar days before such hearing.

(2)    The hearing examiner shall conduct a hearing on the appeal pursuant to the rules of procedure as provided by the Administrative Procedure Act, Chapter 34.05 RCW. The city and the appellant may participate as parties in the hearing and each may call witnesses. The city shall have the burden of proof by a preponderance of the evidence that a violation has occurred.

(e)    The hearing examiner shall determine whether the city has proved by a preponderance of the evidence that a violation has occurred and shall affirm, vacate, suspend or modify the amount of any monetary penalty imposed by the notice of civil violation with or without written conditions.

(f)    The hearing examiner shall consider the following in making his/her determination:

(1)    Whether the intent of the appeal was to delay compliance; or

(2)    Whether the appeal is frivolous; or

(3)    Whether the appellant exercised reasonable and timely effort to comply with applicable requirements; or

(4)    Any other relevant factors.

(g)    The hearing examiner shall mail a copy of his decision to the appellant by certified mail, postage prepaid, return receipt requested.

(h)    The decision of the hearing examiner may be reviewed for illegal, corrupt or arbitrary or capricious action in King County superior court. The petition for review must be filed within thirty calendar days of the final decision of the hearing examiner.

(i)    The collection of the monetary penalty shall be as follows:

(1)    The monetary penalty constitutes a personal obligation of the person to whom the civil infraction is directed. Any monetary penalty assessed must be paid to the city clerk within seven calendar days from the date of service of notice of violation and imposition of monetary penalties or, if an appeal was filed pursuant to this chapter, within seven calendar days of the hearing examiner’s decision.

(2)    The city attorney, on behalf of the city, is authorized to collect the monetary penalty by use of appropriate legal remedies, the seeking or granting of which shall neither stay nor terminate accrual of additional per diem monetary penalties so long as the violation continues.

(3)    In the event of failure to appear at a hearing provided herein, the hearing examiner shall assess the monetary penalty prescribed and a penalty of twenty-five dollars.

(4)    In the event of a conflict between this chapter and any other city ordinance providing for a civil penalty, this chapter shall control.

(j)    A person who willfully fails to pay a monetary penalty as required by provisions of this chapter may be found in civil contempt of court after notice and hearing. (Ord. 4138 § 1 (part), 2009)

Chapter 7.08
AMBULANCES*

Sections:

7.08.010    Definitions.

7.08.020    Permit and license required.

*    For statutory provisions regarding the state first-aid and equipment minimum requirements for ambulances and ambulance drivers, see RCW 70.54.060.

7.08.010 Definitions.

(a)    As used herein “ambulance” means and includes any motor vehicle acting as a common carrier for hire for the transportation or conveyance of the sick or injured.

(b)    As used herein, “ambulance licensee” means and includes any person, firm or corporation engaged in the business of carrying or transporting any sick or injured person, for hire, by the use of an automobile or vehicle designed or adapted for such purpose.

(c)    As used herein, “operating an ambulance” applies to the operation of any ambulance which:

(1)    Is stationed within the city; or

(2)    Is dispatched from within or without the corporate limits of Kirkland and repeatedly or customarily makes trips for hire within the city to pick up injured or sick fares; or

(3)    Makes any trips into Kirkland for that purpose after occasional or repeated advertising, within Kirkland, of such service.

Provided, that the provisions of this chapter do not apply to any ambulance which shall pass through the city in the delivery of fares picked up at points beyond the limits of the city. (Ord. 962 § 1, 1965)

7.08.020 Permit and license required.

No person, firm or corporation shall operate, or cause to be operated, any ambulance in the city without first securing current, valid licenses as required by RCW Chapter 18.73. (Ord. 3040 § 5, 1987: Ord. 962 § 2, 1965)

Chapter 7.12
AMUSEMENT DEVICES

Sections:

7.12.010    Definitions.

7.12.020    License fees.

7.12.021    Thirty-day consecutive or nonconsecutive license.

7.12.025    License fees—Penalties for nonpayment.

7.12.030    License—Fees a civil debt.

7.12.040    Disposition of moneys collected.

7.12.050    Terms and rates of licenses.

7.12.060    Licensing information.

7.12.010 Definitions.

(a)    “Amusement device” means any machine, table, board, or other device designed to be operated or played upon the payment by insertion or otherwise of cash or other valuable consideration and includes but is not limited to iron claw machines, cranes, shuffleboards, miniature bowling machines, pool, bumper pool or billiard tables, and other devices of like kind, including pinball machines and flipper machines except those that may now or hereafter be deemed “gambling devices” pursuant to RCW Chapter 9.46.

(b)    “Cigarette vending machines” means any automatic vending machines used for the sale of cigarettes and matches and controlled by the insertion of a coin or coins. It does not include machines or devices used solely for the vending of service, food or confections.

(c)    “Distributor” means any person, firm or corporation who leases, rents to, or places with others for operation, any amusement device, record player or vending machine as herein defined.

(d)    “Juke box” or “record player” means any machine or instrument designed to be operated or played upon the payment by insertion or otherwise of cash or other valuable consideration and used for the reproduction of music, and shall include all other devices of like kind, nature or purpose and apply wherever the public makes the selection of music to be played.

(e)    “Operator” means any person, firm or corporation who possesses or exhibits for use, play or operation any amusement device, vending machine or record player not owned by such person, firm or corporation.

(f)    “Owner and operator” means any person, firm or corporation who possesses or exhibits for use, play or operation any amusement device, vending machine or record player owned by such person, firm or corporation. (Ord. 2550 § 1, 1980; Ord. 2138 § 1, 1980; Ord. 765 §§ 1 — 6, 1959)

7.12.020 License fees.

(a)    Amusement Devices. Any distributor, owner or operator of an amusement device shall pay a license fee of fifty dollars per machine per year, payable annually in advance to the director of finance.

(b)    Every distributor, owner or operator of cigarette vending machines doing business as such within the city shall pay an annual license fee in the sum of fifty dollars for a master license payable annually in advance to the director of finance. Also, any distributor, owner, operator or user of such cigarette vending machines shall pay an additional sum of ten dollars per machine per year, payable annually in advance to the director of finance.

It is further required that each cigarette vending machine in the city shall be equipped with an electric lock or device to be operated by the owner and/or employees only.

(c)    Juke Box or Record Player.

(1)    Every “distributor” (as defined in Section 7.12.010(c)) shall pay to the city an annual master license fee of one hundred dollars per year payable in advance;

(2)    Every “operator” (as defined in Section 7.12.010(e)) shall pay to the city an annual machine license fee of twenty-five dollars per machine per year payable in advance;

(3)    Every “owner and operator” (as defined in Section 7.12.010(f)) shall pay to the city an annual machine license fee of twenty-five dollars per year, in advance. (Ord. 3723 § 1, 1999; Ord. 3573 § 53, 1997; Ord. 2648 § 1, 1982: Ord. 2586 § 1, 1981: Ord. 2058 § 1, 1969: Ord. 776 § 1, 1959: Ord. 765 § 7, 1959)

7.12.021 Thirty-day consecutive or nonconsecutive license.

Any person required to obtain an annual license pursuant to Section 7.12.020 and who is also subject to the provisions of Section 7.22.010 may obtain, in lieu of the Section 7.12.020 annual license, a thirty-day consecutive or nonconsecutive license. The fee for such thirty-day license shall be twenty-five percent of the applicable annual license fee. (Ord. 2659 § 3, 1982)

7.12.025 License fees—Penalties for nonpayment.

It is unlawful to fail to timely pay any license fee required by application of this chapter, and such failure is subject to the penalties as set forth in Chapter 1.04 of this code. For purposes of this section, each calendar month, or portion thereof, in which a license fee is not paid, when it is otherwise required, is deemed a separate offense. (Ord. 2550 § 2, 1980)

7.12.030 License—Fees a civil debt.

(a)    The license fees provided herein shall be civil debt to the city owed by the person liable under the provisions of this chapter and may be enforced by civil action in addition to the other remedies provided herein.

(b)    In the event the city is successful in proceeding under this section, then the city is entitled to recover from the responsible person such additional amounts as are necessary to reimburse the city for identifiable costs of collection, including attorney’s fees. (Ord. 2550 § 3, 1980: Ord. 765 § 15, 1959)

7.12.040 Disposition of moneys collected.

All moneys derived from the enforcement of this chapter shall be placed in the current expense fund of the city. (Ord. 765 § 18, 1959)

7.12.050 Terms and rates of licenses.

The first licenses to be issued hereunder shall be for the period July 1, 1959, to December 31, 1959, and thereafter shall be issued for a period of one year. The first licenses issued herein for the last half of 1959 shall be at a pro rata charge of fifty percent of the fees stated herein but thereafter, each year or portion thereof shall be at the full rate as provided under the terms of this chapter. (Ord. 765 § 21, 1959)

7.12.060 Licensing information.

Licensing information shall be supplied by the applicant in accordance with Sections 7.20.030 and 7.20.040 of this title, and the license shall be issued upon compliance with requirements set forth in Sections 7.20.030 and 7.20.040 of this title, and payment of the above noted license fees. (Ord. 2138 § 3, 1970)

Chapter 7.16
AUCTIONS AND AUCTIONEERS*

Sections:

7.16.010    Closing out sale license required.

7.16.020    Definitions.

7.16.030    Inventory—Contents—False statements unlawful.

7.16.040    License—Term—Fees.

7.16.050    Inspection of premises.

7.16.060    Exceptions to Sections 7.16.010 through 7.16.050.

7.16.070    License—Exemptions.

7.16.080    Auction—Sale of personal property—Auctioneer’s license required.

7.16.090    Auctioneer’s license—Revocation—Fee.

7.16.100    Auctioneer’s license—Bond required.

7.16.110    Conducting auction at other than stated place—Special permit required.

7.16.120    Exceptions to Sections 7.16.080 through 7.16.110.

*    For the statutory provisions regarding the keeping of records by auctioneers and the regulation of auctions of jewelry and appliances, see RCW Chapters 18.11 and 18.12 respectively.

7.16.010 Closing out sale license required.

It is unlawful for any person to advertise or conduct any auction, sales of distressed goods, removal or closing out sale without first filing with the city clerk the inventory hereinafter provided for and obtaining from him a license for such sale or auction, to be known as a “closing out sale license.” (Ord. 678 § 1, 1955)

7.16.020 Definitions.

(a)    “Closing out sale,” as used in Sections 7.16.010 through 7.16.070, means a sale advertised, represented or held out as such, arising from a future, actual or contemplated cessation of business, providing, however, that the closing out of a line or type of merchandise not resulting in a cessation of the entire business shall not be deemed a closing out sale.

(b)    “Distressed goods, wares or merchandise,” as used in Sections 7.16.010 through 7.16.070, includes all goods, wares and merchandise advertised as an insurance, bankruptcy, mortgage, insolvent, assignee’s, executor’s, administrator’s, receiver’s, or trustee’s sale of goods, wares and merchandise, or a sale or goods, wares and merchandise advertised as damaged by fire, smoke, water or otherwise, or a sale of goods, wares and merchandise advertised as obtained by, through, as the result of, or by reason of any of the above-named situations or contingencies.

(c)    “Removal sale,” as used in Sections 7.16.010 through 7.16.070, means a sale, advertised, represented, or held out as such, arising from a future, actual, or contemplated moving of a business from its present location to a new location, whether the new location is in the city of Kirkland or elsewhere. (Ord. 678 § 2, 1955)

7.16.030 Inventory—Contents—False statements unlawful.

The inventory required for securing the license herein provided for shall contain a complete and accurate list of the stock of goods, wares and merchandise to be sold at any sale for which a license is hereby required, together with the wholesale price thereof; which inventory or list shall be signed by the person seeking the license, or by a resident agent thereunto authorized, and by affidavit at the foot thereof, the applicant or his agent shall swear or affirm that the information therein given is full and true and known by him to be so. It is unlawful to sell, offer or expose for sale at any such sale, or to list on such inventory any goods, wares or merchandise which are not the regular stock of the store or other place, the business of which is to be closed out by such sale, or to make any replenishments or additions to such stock for the purposes of such sale or during the time thereof, or to fail, neglect or refuse to keep accurate records of the articles or things sold, from which records the director of finance may ascertain the number or the kind and quantity sold. Commingling of additional merchandise with that inventory shall cause the merchandise inventory to lose its identity as distressed goods, and any license issued shall cease to apply to the sale of such goods. If the inventoried stock shall be offered for sale on the same premises with other stock by the same person, firm or corporation, the same shall be deemed to be commingled. (Ord. 3573 § 54, 1997: Ord. 678 § 3, 1955)

7.16.040 License—Term—Fees.

All licenses issued for the sale of goods, wares or merchandise at auction, by sale of distressed goods, or removal or closing out sale, shall be valid for a period of not exceeding thirty days unless renewed as hereinafter provided. The fee for such license is fixed as follows: The sum of twenty-five dollars plus two dollars for each one thousand dollars or fraction thereof of value of inventory submitted pursuant to Sections 7.16.010 through 7.16.070. Upon expiration of the thirty-day period, the director of finance may extend such license on a daily basis upon the payment of an additional license fee of twenty-five dollars per day, which license shall continue in effect only so long as this daily license fee is paid and the licensee shall comply with the provisions of Sections 7.16.010 through 7.16.070. Auction sales shall be subject to an additional license fee of twenty-five dollars per day and shall be limited to a period of not exceeding thirty days. (Ord. 3573 § 55, 1997: Ord. 678 § 4, 1955)

7.16.050 Inspection of premises.

All premises used for such licensed sales shall be at all times open to inspection by any employee of the city required to enforce Sections 7.16.010 through 7.16.070, or by any expert or accountant designated by the chief of police in order to ascertain whether any infraction of any provision of Sections 7.16.010 through 7.16.070 has taken place, or is taking place therein. (Ord. 678 § 5, 1955)

7.16.060 Exceptions to Sections 7.16.010 through 7.16.050.

Sections 7.16.010 through 7.16.050 shall not apply to public or court officers, or to any person acting under the direction of state or federal court in the course of their official duties. (Ord. 678 § 6, 1955)

7.16.070 License—Exemptions.

The licensing provisions of Sections 7.16.010 through 7.16.050 shall not apply to any bona fide clearance sale by local merchants having suffered damage from fire or water, or by any bona fide local merchant actually engaged in a cessation or termination of his business. Such local merchants, as by this section are excluded from the licensing provision, shall, however, file the inventory as required by Sections 7.16.010 through 7.16.050. (Ord. 678 § 7, 1955)

7.16.080 Auction—Sale of personal property—Auctioneer’s license required.

No personal property including, but not by way of limitation, goods, wares or merchandise shall be sold at auction in the city, except in compliance with the provisions of Sections 7.16.090 through 7.16.120. It is unlawful to sell or cause or permit to be sold at auction any personal property in the city, unless such sale is conducted by an individual who has applied for and obtained an auctioneer’s license from the city. (Ord. 1073 § 1, 1967)

7.16.090 Auctioneer’s license—Revocation—Fee.

The issuance and revocation of auctioneer’s licenses shall be governed by Sections 7.20.030, 7.20.040 and 7.20.080 of this title. The annual license fee for an auctioneer’s license shall be one hundred dollars. The fee for a license issued for a period of less than one year shall be at the rate of twenty-five dollars per day. (Ord. 1073 § 2, 1967)

7.16.100 Auctioneer’s license—Bond required.

Every applicant for an auctioneer’s license shall file with the city a surety bond running to the city in the amount of one thousand dollars, with surety acceptable to, and approved by the city, conditioned that the applicant, if issued an auctioneer’s license, will comply fully with all the provisions of the ordinances of the city and the statutes of the state of Washington regulating and concerning auctions and auctioneers; will render true and strict accounts of all his sales to any person or persons employing him to make the same; will not practice any fraud or deceit upon bidders or purchasers of property from him at any auction sale, or suffer or permit any person in his employ to practice any such fraud or deceit, and will pay all damages which may be sustained by any person, by reason of any fraud, deceit, negligence, or other wrongful act upon the part of the licensee, his agent or employees in the conduct of any auction, or in the exercise of the calling of auctioneer. A liability insurance policy issued by an insurance company authorized to do business in the state of Washington, which conforms to the above requirements, may be permitted by the city council in its discretion in lieu of a bond. (Ord. 1073 § 3, 1967)

7.16.110 Conducting auction at other than stated place—Special permit required.

No auction sale of personal property shall be conducted at any place other than the premises designated by the licensee in his application as his place of business, except upon the issuance of a special permit. Application for such special permit shall state the nature and the quantity of goods to be sold and the number of days during which it is desired to conduct such sale. Such permit may be refused or revoked by the city manager if he determines that there is good and sufficient reason for such refusal or revocation. Any individual aggrieved by the action of the city manager in refusing to issue or renew or in revoking any such special permit shall have the right of appeal to the city council in the manner prescribed in Section 7.20.080 of this title. No special permit shall issue to any individual except one to whom an auctioneer’s license has theretofore been issued under the provisions of Sections 7.16.080 through 7.16.100. (Ord. 1073 § 4, 1967)

7.16.120 Exceptions to Sections 7.16.080 through 7.16.110.

The provisions of Sections 7.16.080 through 7.16.110 shall not be applicable to auction sales conducted by trustees or referees in bankruptcy, executors, administrators, receivers or other public officials acting under judicial process, nor to the sale of real property at auction, nor to sales conducted for charitable purposes. (Ord. 1073 § 5, 1967)

Chapter 7.20
CABARETS*

Sections:

7.20.010    Definitions.

7.20.020    License required.

7.20.030    License—Persons ineligible.

7.20.040    License—Application—Procedure.

7.20.050    Music license—Fee.

7.20.060    Dance or entertainment license—Fee.

7.20.070    License fees not prorated.

7.20.080    Licenses—Revocation—Causes—Notice—Hearing.

7.20.090    Licenses—Subject to State Liquor Board rules.

7.20.100    Chapter applicability.

*    For the statutory provision authorizing code cities to regulate the use of alcoholic beverages, see RCW 35A.66. For the statutes regarding the regulation and control of alcohol, see RCW Title 66.

7.20.010 Definitions.

(a)    “Cabaret” means any room, place or space whatsoever in the city in which any music, singing, dancing or other similar entertainment is permitted in connection with any hotel, restaurant, cafe, club, tavern, eating place, directly or indirectly selling, serving, or providing the public, with or without charge, food, or liquor. The words “music” and “entertainment” as used herein shall not apply to radios or mechanical devices.

(b)    “Liquor” means all beverages defined in RCW 66.04.200.

(c)    “Person” means one or more natural persons of either sex, firms, copartnerships and corporations; whether acting by themselves or by servant, agent or employee. (Ord. 1057 § 1, 1966)

7.20.020 License required.

It is unlawful for any person to conduct, manage or operate a cabaret unless such person is the holder of a valid and subsisting license from the city to do so, obtained in the manner herein provided. (Ord. 1057 § 2, 1966)

7.20.030 License—Persons ineligible.

No license shall be issued to:

(1)    A person who has not resided in the state of Washington for at least one month prior to making application;

(2)    A person who has been convicted of or forfeited bail for any of the following within three years prior to filing the application:

(A)    A crime involving the use of force or violence upon the person of another,

(B)    A crime:

(i)    Involving sexual misconduct, such as rape, prostitution or indecent liberties, or

(ii)    Involving conduct which would violate Sections 11.20.200 through 11.20.300,

(C)    A crime involving dangerous weapons, narcotics, controlled substances or dangerous drugs that amounts to a felony, or

(D)    A crime of fraud or attempted fraud;

(3)    A person whose place of business is conducted by a manager or agent, unless such manager or agent possesses the same qualifications required of the licensee;

(4)    A copartnership, unless all members thereof shall be qualified to obtain a license as provided herein;

(5)    A corporation, unless all of the officers, directors and stockholders thereof shall be qualified to obtain a license as provided herein. Such license shall be issued to the manager or other directing head thereof. (Ord. 3509 § 1, 1995: Ord. 2843 § 1, 1984: Ord. 1057 § 3, 1966)

7.20.040 License—Application—Procedure.

Any person desiring such a license shall file written application with the city on forms provided by the city for that purpose. Fifteen dollars shall be deposited with the city when application is made. This deposit will be applied to costs, if any, charged to the city for investigation. Upon filing, such application shall be presented to the city council and before acting on same the city council shall refer such application to the city manager who in conjunction with the police department shall conduct a full investigation as to the truth of the statements contained therein, and as to any and all other matters which might tend to aid the city council in determining whether or not such application should be granted. After the city manager has reported back to the council the result of such investigation, if the council is satisfied that the statements contained in such application are true, the council shall direct the issuance of the license applied for; provided, however, that if the council is not satisfied that the application should be granted, then the council shall, upon at least ten days’ notice to the applicant, holding a hearing upon such application, at which time the applicant shall be given an opportunity to prove by competent evidence that the applicant and all persons having an interest in the proposed cabaret satisfy the requirements of Section 7.20.030 and that none of them have within the time specified therein been convicted of or forfeited bail for any of the offenses listed in Section 7.20.030(3) or Section 7.20.030(6). If after such hearing the council shall find from a preponderance of the evidence that the foregoing facts have been established, it shall direct the issuance of the license applied for. If after such hearing the council shall find that the foregoing facts have not been established by the evidence, the application shall be denied. The action of the city council upon such a hearing shall be final. Whether or not the license application is approved, the applicant is responsible for costs charged to the city in connection with the investigation of the license application. Any refund due the applicant out of the deposit shall be paid after the city council has made a final decision on the application. (Ord. 2910 § 1, 1985: Ord. 2843 § 2, 1984: Ord. 1057 § 4, 1966)

7.20.050 Music license—Fee.

Any person desiring to have music in a cabaret without dancing or other entertainment shall first procure a “cabaret music license” at a cost of one hundred dollars per year. (Ord. 1057 § 5, 1966)

7.20.060 Dance or entertainment license—Fee.

Any person desiring to have music in a cabaret with dancing or other entertainment shall first procure a cabaret dance or entertainment license at a cost of two hundred fifty dollars per year. (Ord. 1057 § 6, 1966)

7.20.070 License fees not prorated.

There shall be no prorating of the aforementioned fees, and such licenses shall expire on the thirty-first day of December of each year; except that in the event that the original application be made subsequent to June 30th, then one-half of the annual license fee may be accepted for the remainder of the year. The licenses shall not be assignable. (Ord. 1057 § 7, 1966)

7.20.080 Licenses—Revocation—Causes—Notice—Hearing.

The city council reserves unto itself the power to revoke any license issued under the provisions of this chapter at any time where the same was procured by fraud or false representation of fact; or for the violation of any of, or failure to comply with the provisions of this chapter by the person holding such license or any of his servants, agents or employees; or the conviction of the person holding such license of any crime or offense involving any of the offenses listed in Section 7.20.030(3) or 7.20.030(6) or the conviction of any of his servants, agents or employees of any crime or offense involving any of the offenses listed in Section 7.20.030(3) or 7.20.030(6) committed on the premises in which his cabaret is conducted; or in the event that it is determined that the further operation of the cabaret would be detrimental to the public safety, health or welfare of the city. Before revoking any such license, the city council shall, upon at least ten days’ notice to the licensee, hold a hearing concerning such revocation, at which time the licensee shall be entitled to be heard and introduce the testimony of witnesses. The action of the city council, after such hearing relative to such revocation, shall be final. (Ord. 2843 § 3, 1984: Ord. 1057 § 8, 1966)

7.20.090 Licenses—Subject to State Liquor Board rules.

Any license issued pursuant to this chapter shall be subject to any rules or regulations of the Washington State Liquor Control Board relating to the sale of intoxicating liquor. (Ord. 1057 § 9, 1966)

7.20.100 Chapter applicability.

The following shall be subject to the licensing provisions of this chapter provided that no fee shall be imposed: Veteran, fraternal, or service organizations, or groups, or any activity carried on in a building owned by local, state, or federal government, or governmental agency. (Ord. 1057 § 12, 1966)

Chapter 7.22
CARNIVALS AND CIRCUSES

Sections:

7.22.010    Tax required.

7.22.020    Unlawful acts.

7.22.010 Tax required.

Every traveling circus, carnival or similar business or entertainment activity, hereafter doing business within the city, for any period or periods of less than thirty continuous days shall before commencing doing business, as to each such period:

A.    Pay or may arrangements for payment to the applicable tax collecting authority, all local taxes lawfully imposed upon the business for such period by virtue of any of the following provisions of this code:

a.    Chapter 5.12, admissions tax;

b.    Chapter 7.12, amusement devices;

c.    Chapter 5.04, local option sales tax;

d.    Chapter 7.48, local option gambling tax; and

B.    Post with the city a cash bond in the sum of three hundred dollars to guarantee payment of the admissions tax, Chapter 5.12. (Ord. 2659 § 1, 1982)

7.22.020 Unlawful acts.

It is unlawful for any business activity subject to the provisions of Section 7.22.010 including any owners, officers or employees thereof, during the course of doing business within the city to conduct the business in violation of any applicable state or local law, statute or ordinance. (Ord. 2878 § 5, 1985: Ord. 2659 § 2, 1982)

Chapter 7.24
DANCES AND DANCE HALLS

Sections:

7.24.010    Definitions.

7.24.020    Dance hall—License required—Exception.

7.24.030    Dance hall license—Rules governing—Fee.

7.24.040    Dance—Permit required—Fee.

7.24.050    Unlawful operation.

7.24.060    Additional regulations when persons under eighteen admitted—Exceptions.

7.24.061    Purpose—Construction—Election of other remedies.

7.24.062    Hours of operation—Age restrictions—Penalty.

7.24.063    Readmission fee.

7.24.064    Access—Peace officer—Director.

7.24.065    Licensing—Retroactivity.

7.24.066    Indemnification.

7.24.010 Definitions.

(a)    “Public dance” includes any dance to which the general public is admitted for which an attendance charge or donation is imposed as a condition of attendance.

(b)    “Public dance hall” means any place where public dancing is permitted or conducted as a part of the normal course of business of such place. (Ord. 1060 § 1, 1966)

7.24.020 Dance hall—License required—Exception.

It is unlawful to open up, conduct, manage, operate or maintain a public dance hall within the city without a valid and subsisting public dance hall license, provided however, that any holder of a valid cabaret dance license shall be exempt from the license provisions of this chapter so long as the cabaret dance license is kept current and valid. (Ord. 1060 § 2, 1966)

7.24.030 Dance hall license—Rules governing—Fee.

Public dance hall licenses, their issuance and revocation shall be governed by Sections 7.20.030, 7.20.040 and 7.20.080 of this title. The annual license fee for a public dance hall license shall be one hundred dollars. (Ord. 1060 § 3, 1966)

7.24.040 Dance—Permit required—Fee.

It is unlawful to hold a public dance whether or not such public dance takes place on premises licensed as a public dance hall, without first having obtained a permit therefor from the city at least forty-eight hours prior to the commencement of the public dance for which said permit is requested. The fee for dance permits shall be twenty-five dollars for the giving or holding of each dance, provided however, that such fee shall be waived as to current and valid dance hall licenses and cabaret dance licenses when the dance is to be held upon the licensed premises. (Ord. 2806 § 2, 1984: Ord. 1060 § 4, 1966)

7.24.050 Unlawful operation.

It is unlawful for a person or business to whom a dance hall license or permit has been issued, including any owners, officers or employees thereof, to conduct the dance or other activity in violation of any applicable state or local law, statute or ordinance. (Ord. 2806 § 3, 1984)

7.24.060 Additional regulations when persons under eighteen admitted—Exceptions.

Any person holding a dance hall license or dance permit shall in addition to the requirements of Sections 7.24.010 through 7.24.050 also comply with the provisions of Sections 7.24.060 through 7.24.066, inclusive, when persons under eighteen are admitted or allowed to be present during any public dance, or on the premises of any public dance hall. The provisions of this chapter shall not apply if the public dance is sponsored or conducted by an accredited educational institutional. (Ord. 2936 § 1 (part), 1986)

7.24.061 Purpose—Construction—Election of other remedies.

The amendatory ordinance codified in Sections 7.24.060 through 7.24.066 is an exercise of police power for the protection of the public welfare, health and safety of those children that attend and patronize dance halls. The city council finds and declares that the pervasive problems of runaway children, drug abuse and abuse of children are problems of such magnitude that they are a matter of city concern and are contributed to by unregulated dance halls; as such the amendatory ordinance codified in Sections 7.24.060 through 7.24.066 shall regulate dance

halls that admit persons under the age of eighteen. The provisions of the amendatory ordinance codified in Sections 7.24.060 through 7.24.066 shall be construed liberally for the accomplishment of the purposes thereof. Nothing contained in the amendatory ordinance codified in Sections 7.24.060 through 7.24.066 shall be deemed to repeal or modify any of the provisions of any other law or ordinance of the city relating to dance halls or licensing. (Ord. 2936 § 1 (part), 1986)

7.24.062 Hours of operation—Age restrictions—Penalty.

(a)    No person conducting a public dance or person maintaining a public dance hall shall allow persons under the age of sixteen to enter or remain on the premises unless accompanied by their parent or legal guardian.

(b)    No person conducting or operating a public dance or public dance hall shall allow persons under the age of eighteen to enter or remain on the premises unless accompanied by their parent or legal guardian after two a.m.

(c)    Every person who knowingly or recklessly shall allow a person to enter or remain in violation of this section shall be guilty of a misdemeanor. It is the responsibility of the person conducting and/or operating a public dance to require identification showing the age of each person admitted.

(d)    Any person under the age of eighteen years who shall by affirmative misrepresentation of age obtain admission to or permission to remain in any public dance in violation of this chapter shall be guilty of a misdemeanor.

(e)    For the purposes of this section, the word “premises” shall include the dance hall structure or building, including entrance ways, hallways, grounds, yards and off-street parking facilities available for utilization by patrons or employees of the dance hall. (Ord. 2936 § 1 (part), 1986)

7.24.063 Readmission fee.

No person conducting or operating a public dance or public dance hall shall permit any person, other than an employee, to leave the dance or dance hall and return unless that person pays a readmission fee equal to, or greater than, one-half the original price of admission. (Ord. 2936 § 1 (part), 1986)

7.24.064 Access—Peace officer—Director.

All peace officers of the city and/or the director of the department of finance shall have free access to public dances and dance halls when a dance is being conducted for the purpose of inspection and to enforce compliance with the provisions of Sections 7.24.060 through 7.24.066. (Ord. 3573 § 56, 1997: Ord. 2936 § 1 (part), 1986)

7.24.065 Licensing—Retroactivity.

All licenses issued prior to the effective date of the ordinance codified herein shall entitle the holder of such license a period of thirty-five days, following the effective date of the ordinance, to comply with the provisions of Sections 7.24.060 through 7.24.066. (Ord. 2936 § 1 (part), 1986)

7.24.066 Indemnification.

(a)    The licensee shall indemnify and hold the city harmless from any and all losses, claims, actions, or damages suffered by any person or persons by reason of or resulting from any negligence of the licensee or its agents, employees, or patrons or on account of any act or omission of the licensee in its exercise of its license or use or occupancy of the premises. In the event any suit or action is brought against the city, the licensee shall, upon notice of the commencement thereof, defend the same, at no cost and expense to the city, and promptly satisfy any final judgment adverse to the city or to the city and the licensee jointly; provided, that in the event the city determines that one or more principles of governmental or public law are involved, the city retains the right to participate in such action. The above liability shall not be diminished by the fact, if it be a fact, that any such death, injury, damage, loss, cost, or expense may have been, or may be alleged to have been, contributed to by the negligence of the city or its officers, employees, or agents; provided, however, that nothing contained in this section shall be construed as requiring the licensee to indemnify the city against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the city or its officers, employees or agents.

(b)    As a condition precedent to obtaining a license, the licensee shall, at no expense to the city, secure and maintain during the full term of this agreement general comprehensive liability insurance issued by one or more companies authorized to do business in the state of Washington, which insurance shall be subject to the approval of the city attorney as to company, form, coverage, and which insurance must fully protect the city from any and all claims and risks in connection with any activity performed by the licensee by virtue of this agreement and provide the following minimum coverage:

(1)    One million dollars per person, per occurrence;

(2)    One million dollars annual aggregate.

Said policy must specifically name the city of Kirkland as an additional insured party thereunder in the following manner:

The City of Kirkland is an additional insured for all coverages provided by this policy of insurance and shall be fully and completely protected by this policy and for any claim, suit, injury, death, damage or loss of any sort sustained by a person, organization or corporation in connection with any activity upon or use or occupancy of establishments regulated by this section.

The coverages provided by this policy to the City or any other named insured shall not be terminated, reduced, or otherwise changed in any respect without providing at least thirty (30) days’ prior written notice to the Department of Finance of the City of Kirkland.

(c)    The licensee shall deliver to the department of finance of the city a copy of all policies required under this provision and all endorsements thereto or other evidence to the reasonable satisfaction of the department of finance that the licensee has secured or renewed and is maintaining insurance as required by this section.

(d)    The procuring of the insurance required by this section shall not be construed to limit licensee’s liability hereunder.

(e)    Licensee shall provide for the prompt and efficient handling of all claims for injury, death, damage or loss arising out of the acts or omissions of licensee during the term of this section. Licensee agrees that all such claims, whether processed by licensee or its insurer, either directly or by means of an agent, will be handled by a person with a permanent office within the corporate limits of Kirkland. (Ord. 3573 § 57, 1997; Ord. 2936 § 1 (part), 1986)

Chapter 7.26
EROTIC PERFORMANCE ESTABLISHMENTS

Sections:

7.26.005    Findings.

7.26.010    Definitions.

7.26.020    License required.

7.26.030    License prohibited to certain classes.

7.26.040    Application.

7.26.050    Erotic performance establishment license fees.

7.26.060    Appeal.

7.26.070    Standards of conduct and operation—Erotic performance establishments.

7.26.080    License term—Assignment—Renewals.

7.26.090    License suspension and revocation hearing.

7.26.100    Liquor regulations.

7.26.130    Nuisance declared.

7.26.140    Additional enforcement.

7.26.005 Findings.

The Kirkland city council makes the following findings:

(1)    The city recognizes the importance of freedom of expression in a democratic society; and

(2)    The city recognizes the need to prohibit behavior which may be harmful to its citizens; and

(3)    Establishments where nude, topless or erotic dancing are offered may present the opportunity to engage in activity which the Constitution does not protect and which is detrimental to the public health, safety and welfare; and

(4)    The operation of such establishments should be regulated and monitored; and

(5)    Such regulation can be best supported through a system of licenses imposing responsibility on operators and managers for the conduct of such businesses. (Ord. 3465 § 1 (part), 1995)

7.26.010 Definitions.

(a)    “Erotic performance establishment” means any commercial premises to which any member of the public is invited or admitted and where a performer provides live adult entertainment to any member of the public.

(b)    “Adult entertainment” means:

(1)    Any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance, or dance involves a person who is unclothed or in such costume, attire, or clothing as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

(2)    Any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation or relation to the following specified sexual activities:

(A)    Human genitals in a state of sexual stimulation or arousal,

(B)    Acts of human masturbation, sexual intercourse or sodomy, or

(C)    Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast; or

(3)    Any exhibition, performance or dance which is intended to sexually stimulate any member of the public and which is conducted on a regular basis or as a substantial part of the premises activity. This includes, but is not limited to, any such exhibition, performance or dance performed for, arranged with or engaged in with fewer than all members of the public on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance and which is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing.

(c)    “Applicant” means the individual or entity seeking an erotic performance establishment license in the city of Kirkland.

(d)    “Applicant control persons” means all partners, corporate officers and directors and any other individuals in the applicant’s business organization who hold a significant interest in the erotic performance establishment business, based on responsibility for management of the erotic performance establishment business.

(e)    “Clerk” means such city employees or agents as the city manager shall designate to administer this chapter, or any designee thereof.

(f)    “Employee” means any and all persons, including managers, performers and independent contractors who work in or at or render any services directly related to the operation of any erotic performance establishment.

(g)    “Performer” means any person who provides adult entertainment within an erotic performance establishment as defined in this section, whether or not a fee is charged or accepted for entertainment.

(h)    “Liquor” means all beverages defined in RCW 66.04.200.

(i)    “Manager” means any person who manages, directs, administers or is in charge of the affairs and/or conduct of any portion of any activity involving adult entertainment occurring at any erotic performance establishment, and includes assistant managers working with or under the direction of a manager to carry out such purposes.

(j)    “Operator” means any person operating, conducting or maintaining an erotic performance establishment.

(k)    “Person” means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons however organized.

(l)    “Member of the public” means any customer, patron, club member, or person, other than an employee as defined in this section, who is invited or admitted to a erotic performance establishment.

(m)    “Sexual conduct” means acts of:

(1)    Sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight; or

(2)    Any penetration of the vagina or anus, however slight, by an object; or

(3)    Any contact between persons involving the sex organs of one person and the mouth or anus or another; or

(4)    Masturbation, manual or instrumental, of oneself or of one person by another; or

(5)    Touching of the sex organs or anus, whether clothed or unclothed, of oneself or of one person by another. (Ord. 3465 § 1 (part), 1995)

7.26.020 License required.

(a)    It is unlawful for any person to conduct, manage or operate an erotic performance establishment unless such person is the holder of a valid and subsisting license from the city to do so, obtained in the manner provided in this chapter.

(b)    It is unlawful for any performer, employee or manager to knowingly work in or about, or to knowingly perform any service or entertainment directly related to the operation of an unlicensed erotic performance establishment.

(c)    It is unlawful for any manager to work in an erotic performance establishment unless such person is the holder of a valid and subsisting license from the city to do so. (Ord. 3465 § 1 (part), 1995)

7.26.030 License prohibited to certain classes.

No license shall be issued to:

(a)    A natural person who has not attained the age of twenty-one years, except that licenses may be issued to persons who have attained the age of eighteen years with respect to erotic performance establishments where no intoxicating liquors are served or provided.

(b)    A person whose place of business is conducted by a manager or agent, unless such manager has obtained a manager’s license.

(c)    A co-partnership, unless all the members thereof are qualified to obtain a license as provided in this chapter. Such license shall be issued to the manager or agent thereof.

(d)    A corporation, unless all the officers and directors thereof are qualified to obtain a license as provided herein. Such license shall be issued to the manager or agent thereof. (Ord. 3465 § 1 (part), 1995)

7.26.040 Application.

(a)    Erotic Performance Establishment License.

(1)    All applications for an erotic performance establishment license shall be submitted to the clerk in the name of the person or entity proposing to conduct an erotic performance establishment on the business premises and shall be signed by such person and certified as true under penalty of perjury. All applications shall be submitted on a form supplied by the city, which shall require the following information:

(A)    For the applicant and for each applicant control person, provide: Names, any aliases or previous names, driver’s license number, if any, social security number, if any, and business, mailing, and residential address, and business telephone number.

(B)    If a partnership, whether general or limited; and if a corporation, date and place of incorporation, evidence that it is in good standing under the laws of Washington, and name and address of any registered agent for service of process.

(C)    Whether the applicant or any partner, corporate officer, or director of the applicant holds any other licenses under this chapter or any license for similar adult entertainment or sexually oriented business, including motion picture theaters and panorams, from the city or another city, county or state, and if so, the names and addresses of each other licensed business.

(D)    A summary of the business history of the applicant and applicant control persons in owning or operating the adult entertainment or other sexually oriented businesses, providing names, addresses and dates of operation for such businesses, and whether any business license or adult entertainment license has been revoked or suspended, and the reason therefor.

(E)    For the applicant and all applicant control persons, any and all criminal convictions or forfeitures within five years immediately preceding the date of the application, other than parking offenses or minor traffic infractions including the dates of conviction, nature of the crime, name and location of court and disposition.

(F)    For the applicant and all applicant control persons, a description of business, occupation or employment history for the three years immediately preceding the date of the application.

(G)    Authorization for the city, its agents and employees to seek information to confirm any statements set forth in the application.

(H)    The location and doing-business-as name of the proposed erotic performance establishment, including a legal description of the property, street address, and telephone number, together with the name and address of each owner and lessee of the property.

(I)    Two two-inch by two-inch color photographs of the applicant and applicant control persons, taken within six months of the date of application showing only the full face.

(J)    A complete set of fingerprints for the applicant or each applicant control person, by Kirkland police department employees.

(K)    A scale drawing or diagram showing the configuration of the premises for the proposed erotic performance establishment, including a statement of the total floor space occupied by the business, and marked dimensions of the interior of the premises. Performance areas, seating areas, manager’s office and stations, restrooms and service areas shall be clearly marked on the drawing. An application for a license for an erotic performance establishment shall include building plans which demonstrate conformance with KMC 7.26.070.

(2)    An application shall be deemed complete upon the applicant’s provision of all information requested above, including identification of “none” where that is the correct response, and the applicant’s verification that the application is complete. The clerk may request other information or clarification in addition to that provided in a complete application where necessary to determine compliance with this chapter.

(3)    A nonrefundable application fee must be paid at the time of filing an application in order to defray the costs of processing the application.

(4)    Each applicant shall verify, under penalty of perjury that the information contained in the application is true.

(5)    If any person or entity acquires, subsequent to the issuance of an erotic performance establishment license, a significant interest based on responsibility for management or operation of the licensed premises or the licensed business, notice of such acquisition shall be provided in writing to the city clerk, no later than twenty-one days following such acquisition. The notice required shall include the information required for the original erotic performance establishment license application.

(6)    The erotic performance establishment license, if granted, shall state on its face the name of the person or persons to whom it is issued, the expiration date, the doing-business-as name and the address of the licensed erotic performance establishment. The permit shall be posted in a conspicuous place at or near the entrance to the adult erotic performance establishment so that it can be easily read at any time the business is open.

(7)    No person granted an erotic performance establishment license pursuant to this chapter shall operate the erotic performance establishment under a name not specified on the license, nor shall any person operate an adult erotic performance establishment under any designation or at any location not specified on the license.

(8)    Upon receipt of the complete application and fee, the clerk shall provide copies to the police, fire, and community development departments for their investigation and review to determine compliance of the proposed erotic performance establishment with the laws and regulations which each department administers. Each department shall, within thirty days of the date of such application, inspect the application and premises and shall make a written report to the clerk whether such application and premises comply with the laws administered by each department. No license may be issued unless each department reports that the application and premises comply with the relevant laws. In the event the premises is not yet constructed, the departments shall base their recommendation as to premises compliance on their review of the drawings submitted in the application. Any erotic performance establishment license approved prior to premises construction shall contain a condition that the premises may not open for business until the premises have been inspected and determined to be in substantial conformance with the drawings submitted with the application. A department shall recommend denial of a license under this subsection if it finds that the proposed erotic performance establishment is not in conformance with the requirements of this chapter or other law in effect in the city. A recommendation for denial shall cite the specific reason therefor, including applicable laws.

(9)    An erotic performance establishment license shall be issued by the clerk within thirty days of the date of filing a complete license application and fee, unless the clerk determines that the applicant has failed to meet any of the requirements of this chapter or provide any information required under this subsection or that the applicant has made a false, misleading or fraudulent statement of material fact on the application for a license. The clerk shall grant an extension of time in which to provide all information required for a complete license application upon the request of the applicant. If the clerk finds that the applicant has failed to meet any of the requirements for issuance of an erotic performance establishment license, the clerk shall deny the application in writing and shall cite the specific reasons therefor, including applicable law. If the clerk fails to issue or deny the license within thirty days of the date of filing of a complete application and fee, the applicant shall be permitted, subject to all other applicable law, to operate the business for which the license was sought until notification by the clerk that the license has been denied, but in no event may the clerk extend the application review time for more than an additional twenty days.

(b)    Erotic Performance Establishment Manager Licenses.

(1)    No person shall work as a manager or assistant manager at an erotic performance establishment without a manager’s license from the city. Each applicant for a manager’s license shall complete an application on forms provided by the city containing the information identified below. A nonrefundable application fee of one hundred dollars shall accompany the application. A copy of the application shall be provided to the police department for its review, investigation and recommendation. All applications for a license shall be signed by the applicant and certified to be true under penalty of perjury. The manager’s license application shall require the following information:

(A)    The applicant’s name, home address, home telephone number, date and place of birth, fingerprints taken by Kirkland police department employees, and social security number.

(B)    The name and address of each business at which the applicant intends to work.

(C)    Documentation that the applicant has attained the age of eighteen years. Any two of the following shall be accepted as documentation of age:

(i)    A motor vehicle operator’s license issued by any state bearing the applicant’s photograph and date of birth;

(ii)    A state issued identification card bearing the applicant’s photograph and date of birth;

(iii)    An official passport issued by the United States of America;

(iv)    An immigration card issued by the United States of America; or

(v)    Any other identification that the city determines to be acceptable.

(D)    A complete statement of all convictions of the applicant for any misdemeanor or felony violations in this or any other city, county, or state within five years immediately preceding the date of the application, except parking violations or minor traffic infractions.

(E)    A description of the applicant’s principal activities or services to be rendered.

(F)    Two two-inch by two-inch color photographs of applicant, taken within six months of the date of application showing only the full face.

(G)    Authorization for the city, its agents and employees to investigate and confirm any statements set forth in the application.

(2)    The clerk may request additional information or clarification when necessary to determine compliance with this chapter.

(3)    An erotic performance establishment manager’s license shall be issued by the clerk within fourteen days from the date the complete application and fee are received unless the clerk determines that the applicant has failed to provide any information required to be supplied according to this chapter, has made any false, misleading or fraudulent statement of material fact in the application, or has failed to meet any of the requirements for issuance of a license under this chapter. If the clerk determines that the applicant has failed to qualify for the license applied for, the clerk shall deny the application in writing and shall cite the specific reasons therefor, including applicable laws. If the clerk has failed to approve or deny an application for an erotic performance establishment manager’s license within fourteen days of filing of a complete application, the applicant may, subject to all other applicable laws, commence work as an erotic performance establishment manager in a duly licensed erotic performance establishment until notified by the clerk that the license has been denied, but in no event may the clerk extend the application review time for more than an additional twenty days. (Ord. 3465 § 1 (part), 1995)

7.26.050 Erotic performance establishment license fees.

(a)    Any person desiring to obtain a erotic performance establishment license shall first pay a license fee of seven hundred dollars per year.

(b)    Any person desiring to obtain an erotic performance establishment manager’s license shall first pay a license fee of one hundred dollars per year. (Ord. 3465 § 1 (part), 1995)

7.26.060 Appeal.

(a)    Denial of License. Any person aggrieved by the action of the clerk in refusing to issue or renew any license issued under this chapter shall have the right to appeal such action to the hearing examiner, or to such other hearing body as may hereafter be established by the city council for the hearing of license appeals, by filing a notice of appeal with the clerk within ten days of notice of the refusal to issue or renew. The hearing examiner or other hearing body shall set a date for hearing such appeal, to take place within forty-five days of the date of receipt of the notice of appeal. At such hearing the appellant and other interested persons may appear and be heard, subject to rules and regulations of the hearing examiner or other hearing body. The hearing examiner or other hearing body shall render its decision on the appeal within fifteen days following the close of the appeal hearing.

(b)    Appeal to Superior Court. Any person aggrieved by the decision of the hearing examiner or hearing body may seek judicial review under Chapter 7.16 RCW. (Ord. 3465 § 1 (part), 1995)

7.26.070 Standards of conduct and operation—Erotic performance establishments.

(a)    The following standards of conduct must be adhered to by employees of any erotic performance establishment while in any area in which members of the public are allowed to be present:

(1)    No employee or performer shall be unclothed or in such less than opaque and complete attire, costume or clothing so as to expose to view any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, except upon a stage at least eighteen inches above the immediate floor level and removed at least eight feet from the nearest member of the public.

(2)    No employee or performer mingling with members of the public shall be unclothed or in less than opaque and complete attire, costume or clothing as described in subdivision 1 of this subsection, nor shall any male employee or performer at any time appear with his genitals in a discernibly turgid state, even if completely and opaquely covered, or wear or use any device or covering which simulates the same.

(3)    No employee or performer mingling with members of the public shall wear or use any device or covering exposed to view which simulates the breast below the top of the areola, vulva, genitals, anus, any portion of the pubic region, or buttocks.

(4)    No employee or performer shall caress, fondle or erotically touch any member of the public. No employee or performer shall encourage or permit any member of the public to caress, fondle or erotically touch any employee or performer.

(5)    No employee or performer shall perform acts of sexual conduct as defined in this chapter, or any act which constitutes a violation of Chapter 7.48A RCW, the Washington Moral Nuisances Statute, or Chapter 11.20 of this code.

(6)    No employee or performer mingling with members of the public shall conduct any dance, performance or exhibition in or about the nonstage area of the erotic performance establishment unless that dance, performance or exhibition is performed at a distance of no less than four feet from any member of the public.

(7)    No tip or gratuity offered to or accepted by a performer may be offered or accepted prior to any performance, dance or exhibition provided by the performer. No performer performing upon any stage area shall be permitted to accept any form of gratuity offered directly to the performer by any member of the public. Any gratuity offered to any performer performing upon any stage area must be placed into a receptacle provided for receipt of gratuities by the erotic performance establishment or provided through a manager on duty on the premises. Any gratuity or tip offered to any performer conducting any performance, dance or exhibition in or about the nonstage area of the erotic performance establishment shall be placed into the hand of the performer or into a receptacle provided by the performer, and not upon the person or into the clothing of the adult performer.

(b)    At any erotic performance establishment, the following are required:

(1)    Admission must be restricted to persons of the age of eighteen years or more. It is unlawful for any owner, operator, manager or other person in charge of an erotic performance establishment to knowingly permit or allow any person under the minimum age specified to be in or upon such premises.

(2)    Neither the performance nor any photograph, drawing, sketch or other pictorial or graphic representation thereof displaying any portion of the breasts below the top of the areola or any portion of the pubic hair, buttocks, genitals, and/or anus may be visible outside of the erotic performance establishment. No member of the public shall be permitted at any time to enter into any of the nonpublic portions of the erotic performance establishment, which shall include but are not limited to: the dressing rooms of the performers or other rooms provided for the benefit of employees, and the kitchen and storage areas; except that persons delivering goods and materials, food and beverages, or performing maintenance or repairs to the premises or equipment on the premises may be permitted into nonpublic areas to the extent required to perform their job duties.

(c)    The responsibilities of the manager of an erotic performance establishment shall include but are not limited to:

(1)    A licensed manager shall be on duty at an erotic performance establishment at all times adult entertainment is being provided or members of the public are present on the premises. The name and license of the manager shall be prominently posted during business hours.

(2)    The licensed manager on duty shall not be a performer.

(3)    The manager or an assistant manager licensed under this chapter shall maintain visual observation of each member of the public at all times any performer is present in the public or performance areas of the erotic performance establishment. Where there is more than one performance area, or the performance area is of such size or configuration that one manager or assistant manger is unable to visually observe, at all times, each performer, each employee, and each member of the public, then a manager or assistant manager licensed under this chapter shall be provided for each public or performance area or portion of a public or performance area visually separated from other portions of the adult cabaret.

(4)    The manager shall be responsible for and shall assure that the actions of members of the public, the performers and all other employees shall comply with all requirements of this chapter.

(d)    Premises—Specifications.

(1)    Performance Area. The performance area of the erotic performance establishment where adult entertainment is provided shall be a stage or platform at least eighteen inches in elevation above the level of the patron seating areas, and shall be separated by a distance of at least eight feet from all areas of the premises to which members of the public have access. A continuous railing at least three feet in height and located at least eight feet from all points of the performance area shall separate the performance area and the patron seating areas. The stage and the entire interior portion of cubicles, rooms or stalls wherein adult entertainment is provided must be visible from the common areas of the premises and at least one manager’s station. Visibility shall not be blocked or obstructed by doors, curtains, drapes or any other obstruction whatsoever.

(2)    Lighting. Sufficient lighting shall be provided and equally distributed throughout the public areas of the premises so that all objects are plainly visible at all times. A minimum lighting level of thirty lux horizontal, measured at thirty inches from the floor and on ten-foot centers is hereby established for all areas of the erotic performance establishment where members of the public are admitted.

(3)    Signs. A sign at least two feet by two feet, with letters at least one inch high shall be conspicuously displayed in the public area(s) of the premises stating the following:

THIS EROTIC PERFORMANCE ESTABLISHMENT IS REGULATED BY THE CITY OF KIRKLAND. ENTERTAINERS ARE:

A.    NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL CONDUCT

B.    NOT PERMITTED TO APPEAR SEMI-NUDE OR NUDE, EXCEPT ON STAGE

C.    NOT PERMITTED TO ACCEPT TIPS OR GRATUITIES IN ADVANCE OF THEIR PERFORMANCE

D.    NOT PERMITTED TO ACCEPT TIPS DIRECTLY FROM PATRONS WHILE PERFORMING UPON ANY STAGE AREA

(4)    Recordkeeping Requirements.

(a)    All papers, records, and things required to be kept pursuant to this chapter shall be open to inspection by the clerk during the hours when the licensed premises are open for business, upon two days’ written notice. The purpose of such inspections shall be to determine whether the papers, records, and things meet the requirements of this chapter.

(b)    Each erotic performance establishment business shall maintain and retain for a period of two years the name, address, and age of each person employed or otherwise retained or allowed to perform on the premises as a performer, including independent contractors and their employees. This information shall be open to inspection by the clerk during hours of operation of the business upon twenty-four hours’ notice to the licensee.

(5)    Inspections. In order to insure compliance with this chapter all areas of licensed adult erotic performance establishments which are open to members of the public shall be open to inspection by city agents and employees during the hours when the premises are open for business. The purpose of such inspections shall be to determine if the licensed premises are operated in accordance with the requirements of this chapter. It is hereby expressly declared that unannounced inspections are necessary to insure compliance with this chapter.

(e)    It is unlawful for any erotic performance establishment to be operated or otherwise open to the public between the hours of 2:00 a.m. and 10:00 a.m.

(f)    This chapter shall not be construed to prohibit:

(1)    Plays, operas, musicals, or other dramatic works that are not obscene;

(2)    Classes, seminars and lectures which are held for serious scientific or educational purposes and which are not obscene; or

(3)    Exhibitions, performances, expressions or dances that are not obscene.

These exemptions shall not apply to the sexual conduct described in RCW 7.48A.010(2)(b).

(g)    Whether or not activity is obscene shall be judged by consideration of the following factors:

(1)    Whether the average person, applying contemporary community standards, would find that the activity taken as a whole appeals to a prurient interest in sex; and

(2)    Whether the activity depicts or describes in a patently offensive way, as measured against community standards, sexual conduct as described in RCW 7.48A.010(2)(b); and

(3)    Whether the activity taken as a whole lacks serious literary, artistic, political or scientific value. (Ord. 3465 § 1 (part), 1995)

7.26.080 License term—Assignment—Renewals.

(a)    The license fees set out in Section 7.26.050, will not be pro rated, and such licenses expire on the thirty-first day of December of each year, except that in the event that the original application is made subsequent to June 30th, then one-half of the annual fee may be accepted for the remainder of said year. Licenses issued under this chapter are not assignable.

(b)    Application for renewal of licenses issued hereunder shall be made to the clerk no later than thirty days prior to the expiration of erotic performance establishment licenses, and no later than fourteen days prior to the expiration of erotic performance establishment manager licenses. The renewal license shall be issued in the same manner and on payment of the same fees as for an original application under this chapter. There shall be assessed and collected by the clerk an additional charge, computed as a percentage of the license fee, on applications not made on or before said date as follows:

Days Past Due	Percent of License Fee
7 – 30	25%
31 – 60	50%
61 and over	75%

(c)    The clerk shall renew a license upon application unless the clerk is aware of facts that would disqualify the applicant from being issued the license for which he or she seeks renewal, and further provided that the application complies with all provisions of this chapter as now enacted or as the same may hereafter be amended. (Ord. 3465 § 1 (part), 1995)

7.26.090 License suspension and revocation hearing.

(a)    The clerk may, upon the recommendation of the chief of police or his designee and as provided in subsection (b) below, suspend or revoke any license issued under the provisions of this chapter at any time where the same was procured by fraud or false representation of fact; or for the violation of, or failure to comply with the provisions of this chapter or any of the provisions of Chapter 11.20 of this code or any other similar local or state law by the licensee or by any of his servants, agents or employees when the licensee knew or should have known of the violations committed by his servants, agents or employees; or for the conviction of the licensee of any crime or offense involving prostitution, promoting prostitution, or transactions involving controlled substances (as that term is defined in Chapter 69.50 RCW) committed on the premises, or the conviction of any of his servants, agents or employees of any crime or offense involving prostitution, promoting prostitution, or transactions involving controlled substances (as that term is defined in Chapter 69.50 RCW) committed on the premises in which his erotic performance establishment is conducted when the licensee knew or should have known of the violations committed by his servants, agents or employees.

(b)    A license procured by fraud or misrepresentation shall be revoked. Where other violations of this chapter or other applicable ordinances, statute or regulations are found, the license shall be suspended for a period of thirty days upon the first such violation, ninety days upon the second violation within a two-month period, and revoked for third and subsequent violations within a twenty-four-month period, not including periods of suspension.

(c)    The clerk shall provide at least ten days prior written notice to the licensee of the decision to suspend or revoke the license. Such notice shall inform the licensee of the right to appeal the decision to the hearing examiner or other designated hearing body and shall state the effective date of such revocation or suspension and the grounds for revocation or suspension. The hearing examiner or other hearing body shall render its decision within fifteen days following the close of the appeal hearing. Any person aggrieved by the decision of the hearing examiner or other designated hearing body shall have the right to appeal the decision to the superior court by writ of certiorari or mandamus. The decision of the clerk shall be stayed during the pendency of any appeal except as provided in subsection (d) below.

(d)    Where the Kirkland building official or fire marshal or their designees or the King County health department find that any condition exists upon the premises of an erotic performance establishment or erotic performance establishment which constitutes a threat of immediate serious injury or damage to persons or property, said official may immediately suspend any license issued under this chapter pending a hearing in accordance with subsection (c) above. The official shall issue notice setting forth the basis for the action and the facts that constitute a threat of immediate serious injury or damage to persons or property, and informing the licensee of the right to appeal the suspension to the hearing examiner or other designated hearing body under the same appeal provisions set forth in subsection (c) above, provided, however, that a suspension based on threat of immediate serious injury or damage shall not be stayed during the pendency of the appeal. (Ord. 3465 § 1 (part), 1995)

7.26.100 Liquor regulations.

Any license issued pursuant to this chapter shall be subject to any rules or regulations of the Washington State Liquor Control Board relating to the sale of intoxicating liquor. In the event of a conflict between the provisions of this chapter and the applicable rules and regulations of the Washington State Liquor Control Board, the rules and regulations of the Washington State Liquor Control Board shall control. (Ord. 3465 § 1 (part), 1995)

7.26.130 Nuisance declared.

(a)    Public Nuisance. Any erotic performance establishment operated, conducted, or maintained in violation of this chapter or any law of the city of Kirkland or the state of Washington shall be, and the same is, declared to be unlawful and a public nuisance. The city attorney may, in addition to or in lieu of any other remedies set forth in this chapter, commence an action to enjoin, remove or abate such nuisance in the manner provided by law and shall take such other steps and apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such public nuisance, and restrain and enjoin any person from operating, conducting or maintaining an erotic performance establishment contrary to the provisions of this chapter.

(b)    Moral Nuisance. Any erotic performance establishment operated, conducted or maintained contrary to the provisions of Chapter 7.48A RCW, Moral Nuisance, shall be, and the same is declared to be, unlawful and a public and moral nuisance and the city attorney may, in addition to or in lieu of any other remedies set forth herein, commence an action or actions, to abate, remove and enjoin such public and moral nuisance, or impose a civil penalty, in the manner provided by Chapter 7.48A RCW. (Ord. 3465 § 1 (part), 1995)

7.26.140 Additional enforcement.

The remedies found in this chapter are not exclusive, and the city may seek any other legal or equitable relief, including but not limited to enjoining any acts or practices which constitute or will constitute a violation of any business license ordinance or other regulations herein adopted. (Ord. 3465 § 1 (part), 1995)

Chapter 7.32
MASSAGE PARLORS AND PUBLIC BATHHOUSES

Sections:

7.32.010    Purpose and scope of chapter.

7.32.020    Definitions.

7.32.030    Exceptions.

7.32.040    Massage parlor or public bathhouse—License required—Fee.

7.32.050    Inspection of premises.

7.32.060    Employment of person under eighteen years unlawful.

7.32.070    Advertising without license unlawful.

7.32.080    Unlawful activities.

7.32.090    Business hours.

7.32.140    Expiration of licenses.

7.32.150    Liability insurance—Required.

7.32.010 Purpose and scope of chapter.

It is the purpose of this chapter to establish standards for the licensing of massage parlors and public bathhouses within the city and to proscribe activities which may be detrimental to the public health, welfare and safety of the citizens of the city, and to set forth licensing fees and penalties relative to the operation of the activities. (Ord. 2842 § 1, 1984: Ord. 2105 § 1, 1970)

7.32.020 Definitions.

For the purpose of this chapter, the following terms, words and phrases shall have the following meanings:

(1)    “Massage” has its ordinary meaning and means and includes massage therapy or external manipulation of another person or pressure of soft tissue or movements by vibration or manual means with or without the aids of heat, cold or water.

(2)    “Massage parlor” means any place where massages, or other treatment to the body of another by rubbing, kneading, hitting or any other manipulation are given or furnished.

(3)    “Massage practitioner” means a person engaged in the practice of massage and also means massage operator, masseur, or masseuse.

(4)    “Person” means any individual, or any firm, partner-association, corporation, company or organization of any kind.

(5)    “Public bathhouse” means any place where baths or facilities for baths of any kind whatever, are given or furnished and the term includes but is not limited to: Hot tubs, spas, Finnish baths, Russian baths, sauna baths, Swedish baths; Turkish baths, baths by hot air, steam, water vapor or electric cabinet; provided, that such term does not include ordinary tub or shower baths where an attendant is not required or furnished. (Ord. 3039 § 1, 1987; Ord. 2842 § 2, 1984: Ord. 2105 § 1, 1970)

7.32.030 Exceptions.

This chapter does not apply to massage treatments or baths given in a family home where only members of the family are treated, or to massage treatments or baths given by a licensed masseur in any hospital or licensed medical facility, or by physical therapists, physicians or by any person, including chiropractors licensed by the state of Washington to treat the sick, injured or infirm, or by any physical therapist or nurse under the direction or written prescription of a person so licensed; or to a person whose actions are pursuant to their valid state massage license; or to the portion of any premises presently utilized only for actions which come within RCW Chapter 18.108 (Massage Practitioner). (Ord. 3273 § 2, 1991: Ord. 2842 § 3, 1984: Ord. 2105 § 3, 1970)

7.32.040 Massage parlor or public bathhouse—License required—Fee.

(a)    It is unlawful to conduct, operate or maintain a massage parlor or public bathhouse unless such establishment or premises is licensed by the city. The application, issuance, renewal, and revocation of such licenses shall be governed by Sections 7.20.030, 7.20.040 and 7.20.080 of this title.

(b)    The fee for a massage parlor license or public bathhouse shall be and is hereby fixed in the sum of seventy-five dollars per year. (Ord. 2105 § 4, 1970)

7.32.050 Inspection of premises.

Any massage parlor or public bathhouse as licensed herein, shall be at all times open to inspection as to health, sanitary and public safety conditions by the city and the Seattle-King County Health Department. All doors in such premises, excluding doors in office and storage rooms, shall be so equipped that they may be opened to provide immediate access by such authorities upon lawful request. (Ord. 2842 § 4, 1984: Ord. 2105 § 5, 1970)

7.32.060 Employment of persons under eighteen years unlawful.

It is unlawful for the owner, proprietor, manager or person in charge of any massage parlor or public bathhouse to employ in such establishment any person who is under eighteen years of age or who has within

one year forfeited bail or within three years of such employment been convicted of a felony or a violation of this chapter. (Ord. 2842 § 5, 1984: Ord. 2105 § 6, 1970)

7.32.070 Advertising without license unlawful.

It is unlawful to advertise the giving of massage treatments or public baths by a person or in an establishment not licensed or otherwise qualified pursuant to this chapter. (Ord. 2105 § 7, 1970)

7.32.080 Unlawful activities.

It is unlawful for the owner, proprietor, manager or person in charge of any massage parlor or public bathhouse, or for any employee of the establishment to knowingly:

(1)    Harbor, admit, receive or permit to be or remain in or about such premises, any person under the influence of intoxicating liquor or narcotic drugs or other controlled substances, or any person whose conduct threatens the immediate physical health or safety of any other person lawfully present in the establishment;

(2)    Permit, allow or authorize any activity or course of conduct in the establishment in violation of Sections 11.20.170 through 11.20.300 of the Kirkland Municipal Code relating to lewd and unlawful public exposure, prostitution and body studios. (Ord. 2842 § 6, 1984: Ord. 2105 § 8, 1970)

7.32.090 Business hours.

No massage parlor or public bathhouse shall be allowed to conduct business after the hour of twelve p.m. or prior to the hour of eight a.m. Lighting in all areas used by the public shall be sufficiently bright during business hours. (Ord. 2105 § 9, 1970)

7.32.140 Expiration of licenses.

All licenses issued or renewed pursuant to this chapter shall expire on the thirty-first day of December of each calendar year. No license shall be renewed nor reissued to any licensee or other person who has been previously convicted of a violation of any provision of this chapter within three years of the date of application for license renewal or reissuance or who within one year thereof has forfeited bail on such an offense or violation. (Ord. 2842 § 7, 1984: Ord. 2105 § 14, 1970)

7.32.150 Liability insurance—Required.

Every massage parlor and every public bathhouse shall at all times maintain general public liability insurance through a carrier or underwriter authorized to do business as such within the state of Washington. Such public liability insurance shall be maintained with limits of not less than five hundred thousand dollars combined single limit personal injury and property damage. A certificate of such insurance shall be filed with the city before any license shall issue. Such certificate shall evidence the existence, terms and conditions of the insurance, including a provision that such insurance shall not be cancelled or renewed, nor shall the terms or conditions thereof be altered or amended without giving sixty days’ written notice to the city. (Ord. 2842 § 9, 1984)

Chapter 7.36
PAWNBROKERS AND SECONDHAND DEALERS*

Sections:

7.36.010    Licensing—Necessity declared.

7.36.020    Definitions.

7.36.030    License required—Application.

7.36.040    License—Expiration—Revocation—Renewal.

7.36.050    License—Fees.

7.36.060    Records required—Contents.

7.36.070    Inspection of records and goods.

7.36.080    Keeping property—Time limit.

7.36.090    Rates of interest permitted.

7.36.100    Record of transactions upon demand.

7.36.120    Acts deemed misdemeanor.

*    For the statutory provisions regarding the regulation of pawnbrokers and secondhand dealers, see RCW Chapter 19.60.

7.36.010 Licensing—Necessity declared.

It is hereby declared necessary under the exercise of the police power and the taxing power of the city to license, tax and regulate certain businesses as hereinafter provided. The purpose of this chapter is to set forth rules for the licensing, regulation and inspection of pawnbrokers, coin dealers, and secondhand dealers. (Ord. 4009 § 1, 2005: Ord. 3180 § 2, 1989: Ord. 719 § 1, 1957)

7.36.020 Definitions.

Whenever used in this chapter, terms defined in this section shall have the meanings herein specified unless the context clearly indicates otherwise:

(a)    “Coin dealer” means every person, firm or corporation engaged in whole or in part in the business of buying or selling coins or stamped metal shall be deemed to be a coin dealer. The coins may be legal tender or otherwise, and may be made of precious metals, gold, silver or platinum.

(b)    Commencing to Carry On or Conduct Business or To Engage in Business. Any person, firm or corporation coming under this chapter shall be deemed to commence to carry on or conduct such business or to engage in such business in the city, subject to the license fees herein, if any transactions in connection with such businesses are actually conducted within the city regardless of whether the person, firm or corporation is carrying on such business as a resident or nonresident of the city. This chapter applies to fixed places of business within the city and also to itinerants not having a fixed place of business within the city, and also to a person, firm or corporation engaging in such business temporarily or to one continuing to engage in such business throughout a given calendar year within the corporate limits of the city.

(c)    Pawnbroker. Every person, firm or corporation engaged in whole or in part in the business of loaning money on the security of pledges, deposits or conditional sales of personal property, shall be deemed a pawnbroker.

(d)    “Pawnshop” means and includes every place at which the business of pawnbrokers is being carried on.

(e)    “Secondhand dealer” means every person engaged in whole or in part in the business of purchasing, selling, trading, consignment selling, or otherwise transferring for value, secondhand property, including metal junk, melted metals, precious metals, whether or not the person maintains a fixed place of business within the city; provided, that “secondhand dealer” shall not apply to thrift stores and similar businesses to the extent such a business acquires its secondhand merchandise from charitable or religious nonprofit organizations or obtains its secondhand merchandise by way of direct donation.

(f)    “Secondhand property” means any item of personal property offered for sale which is not new, including metals in any form, except postage stamps, coins that are legal tender, bullion in the form of fabricated, hallmarked bars, used books, and clothing of a resale value of seventy-five dollars or less, except furs.

(g)    “Transaction” means a pledge, purchase, or consignment by a pawnbroker or a secondhand dealer from a member of the general public. (Ord. 4009 § 2, 2005: Ord. 3180 § 4, 1989)

7.36.030 License required—Application.

Every person, firm or corporation before commencing to carry on, open, conduct or operate a pawnbroker, secondhand dealer or coin dealer business shall obtain a license to do so. The issuance of such a license shall be governed by Sections 7.20.040 and 7.20.080. (Ord. 4009 § 3, 2005: Ord. 2878 § 3, 1985)

7.36.040 License—Expiration—Revocation—Renewal.

All licenses issued hereunder shall expire on the thirty-first day of December of the year in which the same shall have been issued. All licenses are subject to revocation for cause or for any violation of laws of the state of Washington or ordinances of the city and upon the revocation any unearned portion thereof shall be forfeited to the city. All renewals shall be subject to approval by the city council. (Ord. 719 § 3, 1957)

7.36.050 License—Fees.

Every pawnbroker, secondhand dealer or coin dealer, before commencing to carry on or conduct such a business within the corporate limits of the city, shall obtain a license for the operation of said business from the director of finance and pay a license fee of one hundred dollars for one year. There shall be no prorating of the license fee. The license shall not be assignable. (Ord. 3573 § 58, 1997: Ord. 3180 § 6, 1989)

7.36.060 Records required—Contents.

It shall be the duty of every pawnbroker, secondhand dealer and coin dealer doing business in the city to maintain at his, her or its place of business a book or other permanent record in which shall be legibly written in the English language, at the time of each loan, purchase or sale, a record thereof containing the following:

(a)    The date of the transaction;

(b)    The name of the person or employee conducting the same;

(c)    The name, age, street and house number, and a general description of the dress, complexion, color of hair, and facial appearance of the person with whom the transaction is had;

(d)    The name and house number of the owner of the property bought or received in pledge;

(e)    The street and house number of the place from which the property bought or received in pledge was last removed;

(f)    A detailed description of the property bought or received in pledge or consignment. This will include any brand names, serial numbers, model numbers, pattern or type, engravings, size, color or markings likely to help in identifying the property. In the case of watches, the description shall contain the name of the maker and the number of both the works and the case, and in the case of jewelry, shall contain a description of all letters and marks inscribed thereon, and include the type of metal employed, and the weight and size of the piece of jewelry. If, however, the article bought or received is furniture, or the contents of any house or room actually inspected on premises, a general record of the transaction shall be sufficient. In the case of firearms, the caliber, barrel length, type of action, and whether it is a pistol, rifle, or shotgun shall be recorded;

(g)    The price paid or the amount loaned;

(h)    The type and identifying number of identification used by the person with whom the transaction is made, which shall consist of a valid driver’s license or identification card issued by any state or two pieces of identification issued by a governmental agency. No transaction may be conducted without at least one picture identification; and

(i)    The number of any pawn ticket issued therefor. (Ord. 4009 § 4, 2005: Ord. 3180 § 7, 1989; Ord. 719 § 6, 1957)

7.36.070 Inspection of records and goods.

Pawnbrokers’ and junk dealers’ records and all goods received shall at all times during the ordinary hours of business be open to the inspection of the prosecuting attorney or of any peace officer. Any police officer may seize any item of personal property taken by a pawnbroker, coin dealer or secondhand dealer, based upon suspicion that the item is stolen. In the event of such a seizure, the pawnbroker or dealer shall be entitled to a written receipt for the item from the police department. (Ord. 3180 § 8, 1989: Ord. 719 § 7, 1957)

7.36.080 Keeping property—Time limit.

No property bought or received in pledge by any pawnbroker shall be removed from his or her place of business before fifteen days have elapsed since the receipt thereof was reported to the chief of police. A police officer may place a hold of up to fifteen additional days upon the property if the item is potential evidence. The police officer shall make an entry upon the permanent record required by this chapter indicating how long the property is to be held. The pawnbroker shall then:

(1)    Tag or specifically identify the item;

(2)    Hold it in place on the business premises of the pawnbroker, to which the police officer shall have access at any time during regular business hours;

(3)    Keep the item safe from alteration, loss, damage or commingling with other goods. No pawnbroker shall dispose of any item subject to a police hold in any manner. The items shall be surrendered to the chief of police upon request, or in compliance with a subpoena signed by a prosecuting attorney. (Ord. 4009 § 5, 2005: Ord. 3180 § 9, 1989: Ord. 719 § 8, 1957)

7.36.090 Rates of interest permitted.

It is unlawful for any person to charge or receive interest at a rate in excess of that authorized in RCW Chapter 19.60, for money loaned on the security of personal property actually received in pledge. (Ord. 3180 § 11, 1989)

7.36.100 Record of transactions upon demand.

It shall be the duty of every pawnbroker, coin dealer, or secondhand dealer, by regular or electronic mail, by the end of each business day, to report to the chief of police on such forms as he designates, a true, correct, and complete transcript of the record of all transactions had during the preceding day. It shall also be the duty of any pawnbroker, secondhand dealer or coin dealer having good cause to believe any property in his or her possession has been previously lost or stolen, to report such fact to the chief of police, together with the name of the owner, if known, the date of the transaction, and the name and description of the person from whom the property was received by such pawnbroker, secondhand dealer or coin dealer. Transient dealers shall also report to the chief of police or designee daily. (Ord. 4009 § 6, 2005: Ord. 3180 § 13, 1989)

7.36.120 Acts deemed misdemeanor.

Every pawnbroker, secondhand dealer or coin dealer and every clerk, agent or employee of a pawnbroker, secondhand dealer or coin dealer is guilty of a misdemeanor when he or she:

(1)    Fails to make an entry of any material matter in his or her records; or

(2)    Makes any false entry therein; or

(3)    Falsifies, obliterates, destroys or removes from his or her place of business any book or record; or

(4)    Refuses to allow the prosecuting attorney or any peace officer to inspect his or her records, or any goods in his possession, during the ordinary hours of business; or

(5)    Reports any material matter falsely to the chief of police; or

(6)    Having forms provided therefor, fails before the end of each business day to furnish the chief of police with a full, true and correct transcript of the record of all transactions had on the previous day, it being the intent of this section that Saturday’s business may be reported on Monday; or

(7)    Fails to report forthwith to the chief of police the possession of any property which he or she may have good cause to believe has been lost or stolen, together with the name of the owner, if known, and the date when, and the name of the person from whom the same was received by him or her; or

(8)    Removes or allows to be removed from his or her place of business, except upon redemption by the owner thereof, any property received before four days have elapsed since the receipt thereof was reported to the chief of police; or

(9)    Receives any property from any person under the age of eighteen years, any habitual user of narcotic drugs, any habitual criminal, any person in an intoxicated condition, any known thief or receiver of stolen property, or any known associate of such thief or receiver of stolen property, whether such person be acting in his or her own behalf or as the agent of another. (Ord. 4009 § 7, 2005: Ord. 719 § 12, 1957)

Chapter 7.44
TAXICABS AND FOR-HIRE VEHICLES*

Sections:

7.44.010    Adoption by reference.

7.44.020    Exclusions.

7.44.030    Modifications.

7.44.040    Taxicabs—Maximum number.

7.44.050    Copies of ordinance open for inspection.

7.44.060    Authorization to contract with King County.

*    For the statutory requirement of a license to carry passengers, see RCW 46.16.180; for the general provisions regarding the licensing of for-hire vehicles, see RCW Chapter 46.72.

7.44.010 Adoption by reference.

King County Code Chapter 6.64, as last amended by King County Ordinance 6887 and entitled “Taxis — Businesses and Drivers” is adopted by reference, with exclusions and modifications in Sections 7.44.020 through 7.44.030. (Ord. 2858 § 1 (part), 1985: Ord. 2180 § 1 (part), 1972)

7.44.020 Exclusions.

Section 3 is excluded. (Ord. 2858 § 1 (part), 1985; Ord. 2180 § 1 (part), 1972)

7.44.030 Modifications.

The modifications are as follows:

“Director” means the city manager, his delegate or any of his duly authorized representatives;

“Director of King County public safety department” means the chief of police for the city, or any of his duly authorized representatives;

“Enforcement officer” means the city manager, his delegate or duly authorized representatives, or the city chief of police, his delegate or his duly authorized representatives. (Ord. 2858 § 1 (part), 1985: Ord. 2180 § 1 (part), 1972)

7.44.040 Taxicabs—Maximum number.

The maximum number of taxicabs authorized to operate within the city shall not exceed the ratio of one taxicab for each four thousand four hundred inhabitants of Kirkland, unincorporated King County, and all other King County cities which may enter into contracts with King County for the enforcement and licensing of taxicabs and drivers pursuant to King County Code Chapter 6.64. (Ord. 2858 § 1 (part), 1985: Ord. 2180 § 1 (part), 1972)

7.44.050 Copies of ordinance open for inspection.

The city shall, at all times, keep on hand and available for public inspection not less than three copies of King County Code Chapter 6.64 herein adopted by reference. (Ord. 2858 § 1 (part), 1985: Ord. 2180 § 1 (part), 1972)

7.44.060 Authorization to contract with King County.

The city manager is authorized and directed to enter into an agreement with King County and its director of general services for the enforcement of the provisions of this chapter, including the licensing provisions for both vehicles and drivers; provided, that before such agreement shall become effective, it shall be submitted to the city council for approval. (Ord. 2858 § 1 (part), 1985: Ord. 2180 § 2, 1972)

Chapter 7.48
GAMBLING RESTRICTIONS—TAX

Sections:

7.48.010    Regulation of gambling.

7.48.015    Unlawful practices.

(S)7.48.017    Prohibition of certain card rooms.

7.48.020    Tax rate imposed on gambling activities.

7.48.030    Method of payment of gambling tax.

7.48.035    Director of finance to adopt rules.

7.48.040    Violation is a gross misdemeanor.

7.48.010 Regulation of gambling.

(a) The following statutes of the state, as now existing or as may be hereafter amended, are adopted by reference. Any violation of these statutes is a violation of this section, carrying the same maximum penalties as could be imposed under state statutes:

    RCW 9.46.010 Legislative declaration.

    RCW 9.46.0201 “Amusement game.”

    RCW 9.46.0205 “Bingo.”

    RCW 9.46.0209 “Bona fide charitable or nonprofit organization.”

    RCW 9.46.0213 “Bookmaking.”

    RCW 9.46.0217 “Commercial stimulant.”

    RCW 9.46.0221 “Commission.”

    RCW 9.46.0225 “Contest of chance.”

    RCW 9.46.0229 “Fishing derby.”

    RCW 9.46.0233 “Fund raising event.”

    RCW 9.46.0237 “Gambling.”

    RCW 9.46.0241 “Gambling device.”

    RCW 9.46.0245 “Gambling information.”

    RCW 9.46.0249 “Gambling premises.”

    RCW 9.46.0253 “Gambling record.”

    RCW 9.46.0257 “Lottery.”

    RCW 9.46.0261 “Member,” “bona fide member.”

    RCW 9.46.0265 “Player.”

    RCW 9.46.0269 “Professional gambling.”

    RCW 9.46.0273 “Punch boards,” “pull-tabs.”

    RCW 9.46.0277 “Raffle.”

    RCW 9.46.0282 “Social card game.”

    RCW 9.46.0285 “Thing of value.”

    RCW 9.46.0289 “Whoever,” “person.”

    RCW 9.46.0305 Dice or coin contests for music, food, or beverage payment.

    RCW 9.46.0311 Charitable, nonprofit organizations—Authorized gambling activities.

    RCW 9.46.0315 Raffles—No license required, when.

    RCW 9.46.0321 Bingo, raffles, amusement games —No license required, when.

    RCW 9.46.0325 Social card games, punch boards, pull-tabs authorized.

    RCW 9.46.0331 Amusement games authorized.

    RCW 9.46.0335 Sports pools authorized.

    RCW 9.46.0341 Golfing sweepstakes authorized.

    RCW 9.46.0345 Bowling sweepstakes authorized.

    RCW 9.46.0351 Social card, dice games—Use of premises of charitable, nonprofit organizations.

    RCW 9.46.0355 Promotional contests of chance authorized.

    RCW 9.46.0361 Turkey shoots authorized.

    RCW 9.46.039 Greyhound racing prohibited.

    RCW 9.46.110 Taxation of gambling activities—Limitations—Restrictions on punch-boards and pull-tabs—Lien.

    RCW 9.46.120 Restrictions on management or operation personnel—Restriction on leased premises.

    RCW 9.46.130 Inspection and audit of premises, paraphernalia, books and records —Reports for the commission.

    RCW 9.46.150 Injunctions—Voiding of licenses, permits, or certificates.

    RCW 9.46.155 Applicants and licensees—Bribes to public officials, employees, agents—Penalty.

    RCW 9.46.160 Conducting activity without license.

    RCW 9.46.185 Causing person to violate rule or regulation.

    RCW 9.46.190 Violations relating to fraud or deceit.

    RCW 9.46.195 Obstruction of public servant—Penalty.

    RCW 9.46.196 Cheating.

    RCW 9.46.198 Working in gambling activity without license as violation—Penalty.

    RCW 9.46.200 Action for money damages due to violation—Interest—Attorneys’ fees—Evidence for exoneration.

    RCW 9.46.217 Gambling records—Penalty—Exceptions.

    RCW 9.46.222 Professional gambling in the third degree.

    RCW 9.46.225 Professional gambling—penalties not applicable to authorized activities.

    RCW 9.46.231 Gambling devices, real and personal property—Seizure and forfeiture.

    RCW 9.46.235 Slot machines, antique—Defenses concerning—Presumption created.

    RCW 9.46.240 Gambling information, transmitting or receiving.

    RCW 9.46.250 Gambling property or premises—Common nuisances, abatement—Termination of mortgage, contract, or leasehold interest, licenses—Enforcement.

    RCW 9.46.260 Proof of possession as evidence of knowledge of its character.

    RCW 9.46.293 Fishing derbies exempted.

    RCW 9.46.295 Licenses, scope of authority—Exception.

    RCW 9.46.350 Civil action to collect fees, interest, penalties, or tax—Writ of attachment—Records as evidence.

    RCW 9.46.400 Wildlife raffle.

(b) All nonprohibited gambling activities shall be subject to the tax rates imposed by Section 7.48.020 of this chapter.

(c) No person shall commence any nonprohibited gambling activity within the city until he has filed with the city a notice of intention to do so, giving the date upon which the activity is expected to commence. A copy of the current State Gambling Commission license pursuant to which the gambling activity is to be conducted, or authority to conduct such activity without a license, shall be attached to the notice.

(d) Violation of subsection (c) of this section is a gross misdemeanor. (Ord. 3692 § 3, 1999: Ord. 3372 §§ 1, 2, 1993)

7.48.015 Unlawful practices.

Violating or knowingly causing, aiding, abetting or conspiring with another to cause any person, association, business or organization to violate any provision of this chapter is a gross misdemeanor. (Ord. 3692 § 5, 1999)

(S)7.48.017 Prohibition of certain card rooms.*

(a)  The conduct of a social card game as a commercial stimulant is prohibited within the city of Kirkland. The term “commercial stimulant” means an activity operated in connection with an established business, with the purpose of increasing the volume of sales of food or drink for consumption on that business premises.

This section is an exercise of the city’s authority under state law to prohibit gambling activities (see RCW 9.46.295). In turn, a license issued by the state to engage in gambling activities is not legal authority to engage in the conduct of social card games as a commercial stimulant anywhere within the city of Kirkland.

Should there be any change in the terminology used by the state in issuing a gambling license, this section should be liberally construed so as to prohibit that category of gambling activities which is most similar to what is presently licensed as a card game under RCW 9.46.070(2).

(b) Any person who engages in or carries on an activity in violation of this section shall be guilty of a gross misdemeanor. Each day of violation shall be considered a separate crime.

(c) If any provision of this section or its application to any person or circumstance is held invalid, the remainder of this section, or the application of the provision to other persons or circumstances is not affected. (Ord. 3687 § 1, 1999)

*    Serious crime (S); see Section 1.04.010.

7.48.020 Tax rate imposed on gambling activities.

(a)    Tax Imposed. Pursuant to RCW 9.46.110, the city imposes a tax upon any gambling activity which activity is not prohibited by either state law or city ordinance. For the purposes of this section, a “charitable or nonprofit organization” shall mean an entity meeting the requirements of Chapter 9.46 RCW for a bona fide charitable or nonprofit organization. The gambling tax rate levied by the city of Kirkland is as follows:

(1) Bingo: ten percent of gross receipts less the amount awarded as cash or merchandise prizes; provided, that effective January 1, 2000, the tax rate for bingo shall be five percent of gross receipts less the amount awarded as cash or merchandise prizes.

(2) Raffles: ten percent of gross receipts less the amount awarded as cash or merchandise prizes; provided, that effective January 1, 2000, the tax rate for raffles shall be five percent of gross receipts less the amount awarded as cash or merchandise prizes.

(i)    Special Rule. When a raffle is conducted by a charitable or nonprofit organization, no tax shall be imposed on the first ten thousand dollars (per calendar year) of gross receipts less the amount awarded as cash or merchandise prizes.

(3) Amusement games: two percent of gross receipts less the amount awarded as prizes. The city shall use the revenue from such tax to pay the actual costs of enforcement of this chapter and Chapter 9.46 RCW by law enforcement.

(4)    Punch boards and/or pull-tabs: five percent of gross receipts.

(i)    Special Rule. When punch boards and/or pull-tabs are operated by a charitable or nonprofit organization, the tax shall be ten percent of gross receipts less the amount awarded as cash or merchandise prizes.

(5)    Social card games: twenty percent of gross revenue. The city of Kirkland prohibits social card games as a commercial stimulant.

(6)    Contests of chance: seven percent of gross receipts. For purposes of this subsection, “contests of chance” shall mean gambling activities conducted at a “fund raising event” meeting the requirements of Chapter 9.46 RCW, other than the gambling activities listed above in this section. Bingo, raffles, amusement games, punch boards and/or pull-tabs, or social card games shall be taxed at the specific rates provided hereinabove, even if such activity was conducted as part of a fund raising event.

(b)    Exemption for Certain Bingo or Amusement Games. A charitable or nonprofit organization, having no paid operating or management personnel, shall be exempt from the tax imposed under subsections (a)(1) and (a)(3) of this section so long as such organization receives no more than five thousand dollars per year in gross receipts from bingo or amusement games, or a combination thereof, less the amount awarded as cash or merchandise prizes.

(c)    Lien. Taxes imposed under this chapter become a lien upon personal and real property used in the gambling activity in the same manner as provided for under RCW 84.60.010. The lien shall attach on the date the tax becomes due and shall relate back and have priority against real and personal property to the same extent as ad valorem taxes. (Ord. 3692 § 2, 1999)

7.48.030 Method of payment of gambling tax.

(a) Every holder of a gambling license from the State Gambling Commission who carries on all or any part of the gambling activity within the city shall:

(1) Upon the same date that the periodic financial report is required to be filed with the Washington State Gambling Commission, file a copy thereof in the office of the director of administration and finance for the city; and

(2) Pay over to the city, at the same time, the amount of gambling tax due for the periodic report period.

(b) Gambling taxes shall become delinquent on the seventh day following the due date and shall be subject to interest from the due date until paid at the rate of one percent per month.

(c) Failure to make payment in full of all tax amounts and accrued interest within sixty days following the due date shall be both a civil and a criminal violation of this section.

(d) Any tax, including interest due and unpaid under this section, shall constitute a debt to the city, and may be collected by civil court proceedings in the same manner as any other debt in like amount, which shall be in addition to all other existing remedies. (Ord. 2307 § 3, 1976)

7.48.035 Director of finance to adopt rules.

(a) The director of finance shall have authority to adopt rules and regulations not inconsistent with the provisions of this chapter for carrying out and enforcing payment, collection and remittance of the taxes herein levied. A copy of the rules and regulations so adopted shall be on file and available for public examination in the director of finance’s office. Failure or refusal to comply with any such rules and regulations is a violation of this chapter.

(b) Such administrative rules shall include the form of tax return required to be filed with the city at the time of payment of the gambling tax, and the procedures for when and how audit of the gambling licensee’s records, for the purpose of verifying the tax return, may be conducted by the director of finance. (Ord. 3573 § 59, 1997: Ord. 3057 § 3, 1987)

7.48.040 Violation is a gross misdemeanor.

Any person who engages in or carries on any gambling activity subject to the provisions of this chapter of the Kirkland Municipal Code without having complied with all of the provisions of this chapter, unless the penalty has already been provided, shall be guilty of a gross misdemeanor. Each day during which such noncompliance occurs shall be considered a separate violation. (Ord. 3372 § 5, 1993: Ord. 2307 § 4, 1976)

Chapter 7.52
CELEBRATIONS

Sections:

7.52.010    Celebration defined.

7.52.020    License—Required.

7.52.030    License—Rules governing—Fees.

7.52.040    Standards of conduct.

7.52.050    License—Issuance limitation.

7.52.010 Celebration defined.

“Celebration” means activity or combination of activities subject to the licensing provisions of Chapters 7.20 or 7.24 of the Kirkland Municipal Code; provided, that such activities are carried on or conducted on not more than ten days in any six-month period as measured by the date of issuance of the license hereinafter provided for. (Ord. 2212 § 1, 1973)

7.52.020 License—Required.

It is unlawful to conduct, manage, operate or sponsor a celebration as herein defined without first obtaining from the city a valid and subsisting celebration license. (Ord. 2212 § 2, 1973)

7.52.030 License—Rules governing—Fees.

Celebration licenses, their issuance and revocation shall be governed by Sections 7.20.030, 7.20.040 and 7.20.080 of the Kirkland Municipal Code. The license fee for a celebration license shall be twenty-five dollars per day for each such day that the celebration activities shall actually be conducted, within the time limits set forth in Section 7.52.010. (Ord. 2212 § 3, 1973)

7.52.040 Standards of conduct.

The actual conduct of the celebration activities shall be subject to the standards of conduct set forth in Chapters 7.20 and 7.24. (Ord. 2212 § 4, 1973)

7.52.050 License—Issuance limitation.

A celebration license shall not issue to any person holding a valid cabaret dance license or celebration license. (Ord. 2212 § 5, 1973)

Chapter 7.56
CHARITABLE SOLICITATION

Sections:

7.56.010    Definitions.

7.56.020    Registration with Secretary of State required.

7.56.030    Additional local regulations authorized by RCW 19.09.100(7).

7.56.010 Definitions.

The following words and phrases shall, for the purposes of this chapter, carry the same meaning as set forth in RCW 19.09.020:

“Charitable organization,” “contribution,” “cost of solicitation,” “person,” “independent fundraiser” and “solicitation.” (Ord. 2963 § 1, 1986: Ord. 2812 § 2 (part), 1984)

7.56.020 Registration with Secretary of State required.

It is unlawful for any charitable organization, or any independent fundraiser or solicitor, to carry on a solicitation for charitable contributions for or on behalf of any charitable organization within the city without having first filed with the Washington Secretary of State’s office its registration statement and disclosure requirements, unless qualified as exempt therefrom, all as required by RCW Chapter 19.09. (Ord. 2963 § 2, 1986: Ord. 2812 § 2 (part), 1984)

7.56.030 Additional local regulations authorized by RCW 19.09.100(7).

A charitable solicitation to be conducted within the city shall conform to the following:

(1)    Before commencing any charitable solicitation campaign, the person or organization soliciting such charitable contributions shall file with the department of finance the following information:

(A)    The beginning and estimated ending date for the solicitation campaign;

(B)    The name, address and telephone number of the person or organization conducting the campaign, or making the solicitation for charitable contributions;

(C)    A verification of the registration and filing of disclosure documents required by RCW Chapter 19.09, or, in the alternative, verification of exemption therefrom;

(D)    The name of each person who will be acting as a charitable solicitor, or, in the alternative, a facsimile copy of the solicitor’s identification, if such identification is to be furnished, by the organization conducting the campaign to each of its individual solicitors.

(2)    Each person or organization soliciting charitable contributions shall disclose verbally in writing to each person or organization solicited:

(A)    The name of the individual making the solicitation;

(B)    The name of the charitable organization;

(C)    The purpose of the solicitation and the name of the organization that will receive the funds contributed; and

(D)    Whether the charitable organization is or is not properly registered under this chapter, and, if registered, that information relating to its financial affairs is available by contacting the office of the secretary of state, giving the secretary’s toll-free telephone number, if available.

(3)    Each person or organization soliciting charitable contributions shall conspicuously disclose in writing to each person or organization solicited:

(A)    If the solicitation is conducted by a charitable organization, the percentage relationship between (i) the total amount of money applied to charitable purposes; and (ii) the dollar value of support received from solicitations and from all other sources received on behalf of the charitable purpose of the organization, as contained in the organization’s most recent solicitation report filed in accordance with RCW 19.09.075(7);

(B)    If the solicitation is conducted by an independent or nonprofit fund raiser, the percentage relationship between (i) the amount of money disbursed to charitable organizations for charitable purposes; and (ii) the total value of contributions received on behalf of charitable organizations by the independent or nonprofit fund raiser, as contained in the fund raiser’s most recent solicitation report filed in accordance with RCW 19.09.079(7) or Section 6 of this Act.

(4)    Each person or organization soliciting charitable contributions by telephone shall make the disclosures required by RCW 19.09.100(2)(a) or (b) in writing within five days of the receipt of any contribution. If the person or organization sends any materials to the person or organization solicited before the receipt of any contribution, those materials shall include the disclosures required in RCW 19.09.100(1)(d), and 19.09.100(2)(a) or (b), whichever is applicable.

(5)    Each person or organization soliciting charitable contributions shall not represent orally or in writing that:

(A)    The charitable contribution is tax deductible unless the charitable organization for which charitable contributions are being solicited or to which tickets for fund raising events or other services or goods will be donated has applied for and received from the Internal Revenue Service a letter of determination granting tax deductible status to the charitable organization;

(B)    The person soliciting the charitable contribution is a volunteer or words of similar meaning or effect that create the impression that the person soliciting is not a paid solicitor unless such person is unpaid for his or her services;

(C)    The person soliciting the charitable contribution is a member, staffer, helper, or employee of the charitable organization or words of similar meaning or effect that create the impression that the person soliciting is not a paid solicitor if the person soliciting is employed, contracted, or paid by an independent fund raiser.

(6)    If the charitable organization is associated with, or has a name that is similar to, any unit of government each person or organization soliciting contributions shall disclose to each person solicited whether the charitable organization is or is not part of any unit of government.

(7)    The advertising material and the general promotional plan for a solicitation shall not be false, misleading, or deceptive, and shall afford full and fair disclosure.

(8)    For the purposes of this chapter, charitable solicitation by telephone call shall be deemed to have occurred within the city if either the telephone from which the call is made or the telephone to which the call is placed is located within the city. (Ord. 3573 § 60, 1997; Ord. 2963 § 3, 1986: Ord. 2812 § 2 (part), 1984)

Chapter 7.60
CATV FRANCHISES

(Repealed by Ord. 3502)

Chapter 7.61
CABLE TELEVISION—PROCEDURES AND TERMS FOR GRANT OF FRANCHISES

Sections:

7.61.005    Purpose and effect.

7.61.010    Definitions.

7.61.020    Terms of franchise.

7.61.030    Application.

7.61.040    Franchise fee.

7.61.050    Franchise issuance.

7.61.060    Police power.

7.61.070    Rules and regulations by the city.

7.61.080    Technical standards.

7.61.090    Parental control devices.

7.61.100    Construction standards.

7.61.110    Construction notification.

7.61.120    Undergrounding.

7.61.130    Relocation.

7.61.140    Safety requirements.

7.61.150    Building moving.

7.61.160    Tree trimming.

7.61.170    Emergency override.

7.61.180    Rates.

7.61.190    Cable availability.

7.61.200    Customer service.

7.61.210    Telephone response.

7.61.220    Failure to improve customer service.

7.61.230    Emergency power.

7.61.240    Cable communications system evaluation.

7.61.250    Periodic meetings.

7.61.260    Record inspection.

7.61.270    Reports.

7.61.280    Programming.

7.61.290    Nondiscrimination.

7.61.300    Continuity of service.

7.61.310    Transfer of ownership.

7.61.320    Removal and abandonment of property of franchisee.

7.61.330    Revocation.

7.61.340    Effect of termination for noncompliance.

7.61.350    Insurance.

7.61.360    Performance bond.

7.61.370    Equalization of civic contributions.

7.61.380    Inconsistency.

7.61.390    Severability.

7.61.005 Purpose and effect.

No cable communications company may utilize city rights-of-way, streets, ways or facilities without first being granted a franchise pursuant to this chapter. This chapter sets forth the procedures and terms applicable to all franchises to be granted by the city for cable television. If any portion of KMC Chapter 7.61 should be inconsistent or conflict with a provision of KMC Chapter 7.60, then to the extent of the inconsistency or conflict, such portion of KMC Chapter 7.61 shall control. (Ord. 3437 § 1 (part), 1994)

7.61.010 Definitions.

In construing the provisions of this chapter, save when otherwise declared or clearly apparent from the context, the following definitions shall be applied:

(a)    “Access channels” means any channel set aside for public use, educational use, or governmental use without a channel usage charge (commonly referred to as “PEG” channels).

(b)    “The Act” means the Cable Communications Policy Act of 1984 as amended by the Cable Television Consumer Protection and Competition Act of 1992 and any subsequent amendments.

(c)    “Addressability” means the ability of a franchisee to electronically authorize customer terminals to receive, change or to cancel any or all specified programming.

(d)    “Applicant” means any person or entity that applies for a franchise.

(e)    “Basic cable” is the lowest level of service regularly provided to all subscribers that includes the retransmission of local broadcast television signals.

(f)    “Cable communications system” means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service and other communications services to subscribers.

(g)    “Cable services” means (1) the one-way transmission to subscriber of video programming or other programming service, and (2) subscriber interaction, if any, which is required for the selection by the subscriber of such video programming or other programming service.

(h)    “Channel” means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of carrying any type of transmission that a franchisee is authorized to provide to its subscribers.

(i)    “Character generator” means a device used to generate alpha numerical programming to be cablecast on a cable channel.

(j)    “City” means the city of Kirkland, a municipal corporation of the State of Washington.

(k)    “Council” means the present governing body of the city or any future board constituting the legislative body of the city.

(l)    “Data transmission” means (1) the movement of encoded information by means of electrical or electronic transmission systems; (2) the transmission of data from one point to another over communications channels.

(m)    “Dwelling units” means residential living facilities as distinguished from temporary lodging facilities such as hotel and motel rooms and dormitories, and includes single-family residential units and individual apartments, condominium units, mobile homes within mobile home parks, and other multiple-family residential units.

(n)    “FCC” means the Federal Communications Commission, a regulatory agency of the United States government.

(o)    “Franchise” shall mean the initial authorization, or renewal thereof, issued by the franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate or otherwise, which authorizes construction and operation of the cable communications system for the purpose of offering cable service or other service to subscribers.

(p)    “Franchise area” means any, every and all of the roads, streets, avenues, alleys, highways and unrestricted utility easements of the city as now laid out, platted, dedicated or improved; and any, every and all roads, streets, avenues, alleys and highways that may hereafter be laid out, platted, dedicated or improved within the present limits of the city and as such limits may be hereafter extended.

(q)    “Franchisee” means the person, firm or corporation to whom or which a franchise, as herein above defined, is granted by the council under this chapter and the lawful successor, transferee or assignee of said person, firm or corporation subject to such conditions as may be defined in city ordinance.

(r)    “Gross revenues” means any and all receipts and revenues received directly or indirectly from all sources related to the operation of the cable communications system in the franchise area other than transactions related to real property receipts by a franchisee not including any taxes on services furnished by a franchisee, imposed on any subscriber or used by any governmental unit, agency or instrumentality and collected by a franchisee for such entity provided also that net uncollectible debts are not considered as revenue in this definition. The franchise fee payable by the franchisee to the city on gross annual receipts derived from any new, non-cable television related programing product or other communications services such as interactive, data, telephone transmission or other communication products or services, shall be at the same rate (but no greater than the franchise fee authorized by Section 7.61.040: Franchise Fee) as the fee, tax, assessment or other revenue payable to the city by other providers of the same product or service within the franchisee’s franchise service area. As used in this section, a non-programing product or service shall be considered new if franchisee was not already providing it as of the enactment of its franchise.

(s)    “High definition television (HDTV)” means a television system that will provide sharper picture definition than the current U.S. standards, 525 lines per frame.

(t)    “Insertion point(s)” means location(s) where institutional programming can be initiated for distribution throughout the secured portion of the subscriber network.

(u)    “Installation” means the connection of the system from feeder cable to subscribers’ terminals.

(v)    “Institutional networks (I-Nets)” means a cable communications system designated principally for the provision of non-entertainment services to schools and public agencies separate and distinct from the subscriber network, or on secured channels of the subscriber network.

(w)    “Interactive services” means services provided to subscribers where the subscriber either (1) both receives information consisting of either television or other signals and transmits signals generated by the subscriber or equipment under his/her control for the purpose of selecting what information shall be transmitted to the subscriber or for any other purpose; or (2) transmits signals to any other location for any purpose.

(x)    “NCTA” means the National Cable Television Association.

(y)    “Operator” means the person, firm or corporation to whom a franchise is granted pursuant to the provisions of this chapter.

(z)    “Property of franchisee” means all property owned, installed or used by a franchisee in the conduct of its business in the city under the authority of a franchise granted pursuant to this chapter.

(aa)    “Proposal” means the response, by an individual or organization, to a request by the city regarding the provision of cable services; or an unsolicited plan submitted by an individual or organization seeking to provide cable services in the city.

(bb)    “Subscriber” means a person or entity or user of the cable communications system who lawfully receives cable services or other service therefrom with franchisee’s express permission. (Ord. 3437 § 1 (part), 1994)

7.61.020 Terms of franchise.

(a)    Authority to Grant Franchises or Licenses for Cable Television. It is unlawful to engage in or commence construction, operation, or maintenance of a cable communications system without a franchise issued under this chapter. The council may, by ordinance, award a nonexclusive franchise to construct, operate and maintain a cable communications system which complies with the terms and conditions of this chapter.

Any franchise granted pursuant to this chapter shall be nonexclusive and shall not preclude the city from granting other or further franchises or permits or preclude the city from using any roads, rights-of-way, streets, or other public properties or affect its jurisdiction over them or any part of them, or limit the full power of the city to make such changes, as the city shall deem necessary, including the dedication, establishment, maintenance, and improvement of all new rights-of-way and thoroughfares and other public properties. However, any such changes shall not materially or substantially impair the rights granted a franchisee pursuant to this chapter. All franchises granted subsequent to the effective date of this master cable ordinance shall be granted consistent with the terms and conditions of this chapter.

(b)    Incorporation by Reference. The provisions of this chapter shall be incorporated by reference in any franchise ordinances or licenses approved hereunder. The provisions of any proposal submitted and accepted by the city may be incorporated by reference in the applicable franchise. However, in the event of any conflict between the proposal, this chapter and the franchise, the franchise shall be the prevailing document.

(c)    Nature and Extent of the Franchise. Any franchise granted hereunder by the city shall authorize a franchisee, subject to the provisions herein contained:

(1)    To engage in the business of operating and providing cable service and other services and the distribution and sale of such service to subscribers within the city;

(2)    To erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any street, such amplifiers and appliances, lines, cables, fiber, conductors, vaults, manholes, pedestals, attachments, supporting structures, and other property as may be necessary and appurtenant to the cable communications system; and, in addition, so to use, operate and provide similar facilities, or properties rented or leased from other persons, firms or corporations, including but not limited to any public utility or other franchisee franchised or permitted to do business in the city. No privilege or exemption shall be granted or conferred upon a franchisee by any franchise except those specifically prescribed therein, and any use of any street shall be consistent with any prior lawful occupancy of the street or any subsequent improvement or installation therein.

(d)    Term of the Franchise. The city may grant a franchise for a period of time appropriate to the circumstances of the particular grant. (Ord. 3437 § 1 (part), 1994)

7.61.030 Application.

An applicant for a franchise to construct, operate, and maintain a cable communications system within the city shall file an application in a form prescribed by the city, accompanied by a non-refundable filing fee in the amount of five thousand dollars. (Ord. 3437 § 1 (part), 1994)

7.61.040 Franchise fee.

A franchisee shall pay to the city quarterly, a sum equal to five percent of gross revenues, as defined in this chapter for the preceding three calendar months. Revenues that are derived as a portion of a national or regional service shall be computed on a per subscriber basis if such determination cannot be achieved by other means. (Ord. 3437 § 1 (part), 1994)

7.61.050 Franchise issuance.

Prior to the granting of a franchise, the city council shall conduct a public hearing to determine the following:

(a)    Initial Franchise.

(1)    That the public will be benefited by the granting of a franchise to the applicant;

(2)    That the applicant has requisite financial and technical resources and capabilities to build, operate and maintain a cable television system in the area;

(3)    That the applicant has no conflicting interests, either financial or commercial, which will be contrary to the interests of the city;

(4)    That the applicant will comply with all terms and conditions placed upon a franchisee by this chapter;

(5)    That the applicant is capable of complying with all relevant federal, state, and local regulations pertaining to the construction, operation and maintenance of the facilities and systems incorporated in its application for a franchise;

(6)    The capacity of public rights-of-way to accommodate the cable system;

(7)    The present and future use of the public rights-of-way to be used by the cable system; and

(8)    The potential disruption to existing users of the public rights-of-way to be used by the cable system and the resultant inconvenience which may occur to the public;

(9)    Any other condition that the city may deem appropriate.

(b)    Renewal Franchise—Federal Requirements.

(1)    A franchisee has substantially complied with the material terms of the existing franchise and with applicable law;

(2)    The quality of a franchisee’s service has been reasonable in light of community needs;

(3)    A franchisee has the financial, legal, and technical ability to provide the services, facilities, and equipment as set forth in a franchisee’s proposal;

(4)    A franchisee’s proposal is reasonable to meet the future cable-related community needs and interests, taking into account the cost of meeting such needs and interests.

(c)    Other Requirements. In addition the city, at its option, may review the following criteria as a part of the public hearing:

(1)    The capacity of public rights-of-way to accommodate the cable system;

(2)    The present and future use of the public rights-of-way to be used by the cable system;

(3)    The potential disruption to existing users of the public rights-of-way to be used by the cable system and the resultant inconvenience which may occur to the public; and

(4)    Any other condition that the city may deem appropriate. (Ord. 3437 § 1 (part), 1994)

7.61.060 Police power.

In accepting any franchise, a franchisee acknowledges that its rights hereunder are subject to the legitimate rights of the police power of the city to adopt and enforce general ordinances necessary to protect the safety and welfare of the public and it agrees to comply with all applicable general laws enacted by the city pursuant to such power.

Violations specifically designated in this chapter or the franchise ordinance as civil violations will subject a franchisee to a monetary penalty. If the city determines that such a violation exists, the franchisee will be notified of the violation and be provided a reasonable period of time to cure such violation. If the operator fails to correct the violation within the allotted period of time, the franchisee will be sent a notice of civil violation and monetary penalties will begin to be assessed upon the franchisee.

Within ten days after the date of the notice of civil violation, the franchisee may request a hearing before the city council to appeal the determination of violation. If the council upholds the determination, the total amount of monetary penalties assessed from the date of the notice of civil violation will be immediately due. Payment of a monetary penalty does not relieve a franchisee of the duty to correct the violation. This civil violation provision does not limit the right of the city to pursue other remedies, such as revocation, for violations by a franchisee. (Ord. 3437 § 1 (part), 1994)

7.61.070 Rules and regulations by the city.

(a)    In addition to the inherent powers of the city to regulate and control any franchise it issues, the authority granted to it by the Act, and those powers expressly reserved by the city, or agreed to and provided for in a franchise, the right and power is hereby reserved by the city to promulgate such additional regulations as it may find necessary in the exercise of its lawful police powers.

(b)    The city council reserves the right to delegate its authority for franchise administration to a designated agent. (Ord. 3437 § 1 (part), 1994)

7.61.080 Technical standards.

(a)    Subject to federal, state and local law, a franchisee shall comply with FCC rules, Part 76, Subpart K, Section 76.601 through 76.610 as amended, hereafter, and, at the minimum, the following:

(1)    Applicable city, county, state and national/ federal codes and ordinances;

(2)    Applicable utility joint attachment practices;

(3)    The National Electric Safety Code; ANSI C2;

(4)    City public works policies and standards;

(5)    Local rights-of-way procedures;

(6)    Bell System Code of Pole Line Construction.

(b)    Preventive Maintenance. A comprehensive routine preventive maintenance program shall be developed, effected, and sustained to ensure continued top quality cable communications operating standards in conformance with FCC Regulations Part 76 or as may be amended. (Ord. 3437 § 1 (part), 1994)

7.61.090 Parental control devices.

In accordance with the Act a franchisee will make available at the cost specified by the FCC a device by which the subscriber can prohibit viewing of a particular cable service during periods selected by that subscriber. (Ord. 3437 § 1 (part), 1994)

7.61.100 Construction standards.

All facilities constructed under this chapter shall be placed and maintained at such places and positions in or upon such streets, avenues, alleys and public places as shall not interfere with the passage of traffic or pedestrians and the use of adjoining property, and shall conform to the applicable section of the National Electrical Code, codes of the state of Washington, city regulations, and the city public works policies and standards. (Ord. 3437 § 1 (part), 1994)

7.61.110 Construction notification.

Upon application for a construction permit, if determined necessary by the public works director, a franchisee will submit to the city its plan for advance notification for the proposed construction project. In the event that an emergency situation arises which precludes such advance notification, a franchisee shall subsequently inform the city of the nature of the extraordinary event and the action taken. (Ord. 3437 § 1 (part), 1994)

7.61.120 Undergrounding.

In those areas and portions of the city where the transmission or distribution facilities of the public utility providing telephone service and those of the facility providing electric service are underground or hereafter may be placed underground, then a franchisee shall likewise construct, operate and maintain all of its transmission and distribution facilities in the same area underground upon city approval. Such activities shall be made in concurrence and cooperation with the other affected utilities. Amplifiers and associated equipment in a franchisee’s transmission and distribution lines may be in appropriate housing upon the surface of the ground. (Ord. 3437 § 1 (part), 1994)

7.61.130 Relocation.

Whenever any of a franchisee’s facilities or equipment need to be relocated or altered due to a construction or repair project by the city in a public right-of-way, a franchisee shall move or relocate said facilities or equipment within thirty days from receiving written notice from the city. However, in the event such relocation is required due to emergency repairs deemed necessary by the city, such relocation or moving shall be accomplished within twenty-four hours. Any relocation or alteration of a franchisee’s facilities or equipment required under this section shall be at the sole expense of a franchisee.

If a franchisee fails to do so within the thirty days’ written notice, the city may have the facility moved and charge the costs and expenses of such to the franchisee. Such thirty-day notice shall be waived if an emergency shall arise. For purposes of this section, an emergency is defined as a sudden unforeseen event potentially causing significant damage, destruction, or loss of life. (Ord. 3437 § 1 (part), 1994)

7.61.140 Safety requirements.

(a)    A franchisee, in accordance with applicable National, State, and Local safety requirements shall, at all times, employ ordinary care and shall install and maintain and use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public.

(b)    All structures and all lines, equipment and connections in, over, under, and upon the streets, sidewalks, alleys, and public rights-of-way or places of a franchise area, wherever situated or located, shall at all times be kept and maintained in a safe, suitable condition, and in good order and repair.

(c)    The city reserves the general right to see that the system of a franchisee is constructed and maintained in a safe condition. If a violation of the National Electrical Safety Code or other applicable regulation is found to exist by the city, the city will notify the franchisee in writing, and after discussions with a franchisee, establish a reasonable time for a franchisee to make necessary repairs. If the repairs are not made within the established time frame, the city may make the repairs itself or have them made and collect all reasonable costs thereof from a franchisee. (Ord. 3437 § 1 (part), 1994)

7.61.150 Building moving.

Whenever any person shall have obtained permission from the city to use any street for the purpose of moving any building, a franchisee, upon fourteen days’ written notice from the city, shall raise or remove, at the expense of the permittee desiring to move the building, any of a franchisee’s wires which may obstruct the removal of such building; provided, that the moving of such building shall be done in accordance with regulations and general ordinances of the city. Where more than one street is available for the moving of such building, the building shall be moved on such street as shall cause the least interference with overall transportation and utility needs as determined by the city. It is further provided that the person or persons moving such building shall indemnify and save harmless said franchisee of and from any and all damages or claims of whatsoever kind or nature caused directly or indirectly for such temporary arrangement of the lines and poles of a franchisee. (Ord. 3437 § 1 (part), 1994)

7.61.160 Tree trimming.

A franchisee has the authority for maintenance and trimming of all trees and vegetation within the franchise area to prevent such trees and vegetation from becoming a hindrance or coming into contact with a franchisee’s lines or other facilities. A franchisee is responsible for removing debris and for any damage caused.

A franchisee shall make its best effort to notify all property owners directly adjacent to any scheduled trimming. Removal of any tree within the franchise area, city owned land (including parks), natural growth protection easements, sensitive areas (as defined by the city planning department’s sensitive area map), or private property shall only occur after written permission is granted by the respective city department or private property owner; a copy of any written permission given by a private property owner must be provided to the city planning department at least two weeks prior to the removal of the tree.

The city reserves the right to deny removal of any tree within any of the above described areas. If after seven days’ advance written notice to a franchisee, the franchisee does not trim said trees the work may be done by the city or under its supervision and direction, with reasonable costs to be borne by a franchisee. (Ord. 3437 § 1 (part), 1994)

7.61.170 Emergency override.

No later than twelve months from the effective date of a franchise, a franchisee shall make provisions for an emergency alert system to override the audio portions of all television signals distributed by a franchisee and to replace them with emergency warning audio messages. Such system will fully conform with FCC standards mandated by the Act.

A franchisee shall provide for interconnection with regional systems if technically feasible with compatible equipment as may be in the future required. Control of these emergency override facilities shall be the responsibility of the city and shall be used only in the event of a sudden, unforeseen event potentially causing significant damage, destruction, or loss of life. The city shall hold a franchisee, its agents, employees, officers, and assigns harmless from any claims arising out of the emergency use of its transmitting facilities by the city. The city, at its option may elect to share this service with adjoining communities. The cost incurred in this section shall be considered external costs for the purposes of rate regulation. (Ord. 3437 § 1 (part), 1994)

7.61.180 Rates.

Within thirty days after the grant of any franchise hereunder, a franchisee shall file with the city a complete schedule of all present rates charged to all subscribers.

Prior to implementation of any change in rates or charges for any service or equipment provided by a franchisee, a franchisee shall provide the city a minimum of thirty days’ and all subscribers a minimum of thirty days’ prior written notice of such change.

Subject to the Act and resultant FCC regulations, the city may regulate the rates or charges for providing cable service and other equipment and will establish rate regulation review procedures as delegated by federal law. The city will monitor those other rates within the benchmarks provided by the FCC. (Ord. 3437 § 1 (part), 1994)

7.61.190 Cable availability.

Cable service shall not be denied to any group of potential residential cable subscribers because of the income of the residents of the local area in which such group resides. (Ord. 3437 § 1 (part), 1994)

7.61.200 Customer service.

A franchisee shall render repair service to restore the quality of the signal at approximately the same standards existing prior to the failure or damage of the component causing the failure and make repairs promptly and interrupt service only for good cause and for the shortest time possible. Such interruptions, insofar as possible, shall be preceded by notice and shall occur during a period of minimum use of the system.

Upon notification by the subscriber, no charge for the period of an outage shall be made to the subscriber if the subscriber was without service for a period exceeding twenty-four hours.

A log of all service interruptions shall be maintained and kept on file by a franchisee. The city, during normal business hours and after forty-eight hours’ notice, may inspect such logs. The foregoing will comply with Section 631 of the Act.

A franchisee shall at all times be in compliance with FCC Customer Service obligations 76.309, Subpart II, or as may be amended. The city, however, reserves the right to impose more stringent requirements if it so deems necessary. Violation of this section constitutes a civil violation by a franchisee as provided in Section 7.61.060: Police Power. (Ord. 3437 § 1 (part), 1994)

7.61.210 Telephone response.

A franchisee shall maintain an adequate force of customer service representatives as well as incoming trunk lines so that telephone inquiries are met promptly and responsively. A franchisee shall have in place procedures for utilization of other manpower and/or recording devices for handling the flow of telephone calls at peak periods of large outages or other major causes of subscriber concern. A copy of such procedures and/or policies shall be made available to the city. In order that the city may be informed of a franchisee’s success in achieving satisfactory customer relations in its telephone answering functions, a franchisee shall, upon request by the city, provide the city with a summary for the previous quarter that will provide, at a minimum, the following:

(a)    Number of calls received per day;

(b)    Time taken to answer;

(c)    Average talk time;

(d)    Number of calls abandoned by the caller;

(e)    Average hold time;

(f)    Percentage of time all lines busy;

(g)    An explanation of any abnormalities.

This data will be compared to minimum standards of the NCTA being incorporated herein by reference or any amendment thereto increasing such standards, and shall be monitored by the city.

Calls for service generated during period of system outages due to emergency or exceptional circumstances surrounding the operation of the system may be excluded from the service response calculations. The city shall have the final determination as to what constitutes a system failure due to emergency and which calls shall be excluded from the service level calculations. Violation of this section constitutes a civil violation by a franchisee as provided in Section 7.61.060: Police Power. (Ord. 3437 § 1 (part), 1994)

7.61.220 Failure to improve customer service.

The city or its designee shall review telephone response and customer service information with a franchisee. In cases where applicable standards have not been met it will be a franchisee’s responsibility to pursue favorable improvements in a reasonable manner in the appropriate categories from the last reporting period. Failure to do so may result in the calling of a public hearing by the city council for the purpose of examining the reasons, if any, why such improvements were not achieved by a franchisee.

Violation of specifically designated customer service requirements is a civil violation, subjecting a franchisee to monetary penalties. (Ord. 3437 § 1 (part), 1994)

7.61.230 Emergency power.

A franchisee shall provide a standby power system to automatically activate equipment at the headend and hubs, if applicable, in event of a primary electrical failure. (Ord. 3437 § 1 (part), 1994)

7.61.240 Cable communications system evaluation.

In addition to periodic meetings, the city may require reasonable routine evaluation sessions at any time during the term of a franchise, but not to exceed one evaluation per year. However in the case of reoccurring problems the city may conduct as many evaluations as are necessary.

To assist in the preliminary evaluation, the city may enlist an independent consultant to conduct an analysis of the cable communications system and its performance and to submit a report of such analysis to the city. It is intended that such evaluations cover areas such as customer service, response to the community’s cable-related needs, and a franchisee’s performance under and compliance with the terms of a franchise.

During an evaluation session, a franchisee shall fully cooperate with the city and shall provide within a reasonable time without cost such reasonable information and documents as the city may request to perform evaluations.

If, as a result of the evaluation session, or at any other time, the city determines that reasonable evidence exists of inadequate cable communications system performance, it may require a more detailed technical evaluation and analyses directed toward such suspected inadequacies. The report prepared by the consultant shall include at least:

(a)    A description of the technical problem in cable communications system performance which precipitated the special tests;

(b)    What cable communications system components were tested;

(c)    The equipment used and procedures employed in testing;

(d)    The method, if any, by which such cable communications system performance problem was resolved;

(e)    Any other information pertinent to said tests and analyses which may be required by the city, or determined when the test is performed.

If the tests indicate that the system is not in compliance with FCC standards or the requirements of the franchise, a franchisee shall reimburse the city for any costs involved in conducting such tests, such as consultant fees or other expenses. Such fees or expenses shall not exceed two thousand five hundred dollars for each evaluation. A franchisee will have an opportunity to refute findings and if franchisee is found to be in compliance, the city pays for the evaluation. (Ord. 3437 § 1 (part), 1994)

7.61.250 Periodic meetings.

Upon request, a franchisee shall meet with designated city officials and/or designated representative(s) to review the performance of a franchisee for the preceding period. The subjects may include, but are not limited to, those items covered in the periodic reports and performance tests. (Ord. 3437 § 1 (part), 1994)

7.61.260 Record inspection.

Subject to statutory and constitutional limits and forty-eight hours’ advance notice, the city may inspect the records of a franchisee relating to the operation of the cable communications system in the franchise area during normal business hours. The city shall maintain the confidentiality of any trade secrets or other proprietary or confidential information in the possession of a franchisee. Such documents shall include such information as financial records, subscriber records, appropriate information and plans pertaining to a franchisee’s operation in the city subject to Section 631 of the Act. (Ord. 3437 § 1 (part), 1994)

7.61.270 Reports.

A franchisee shall furnish, upon request, a report of its activities as appropriate. Such report shall include:

(a)    Most recent annual report.

(b)    A copy of the 10-K Report, if required by the Securities and Exchange Commission.

(c)    The number of homes passed.

(d)    The number of subscribers with basic services.

(e)    The number of subscribers with premium services.

(f)    The number of hook-ups in period.

(g)    The number of disconnects in period.

(h)    Total number of miles of cable in city.

(i)    Summary of complaints received by category, length of time taken to resolve and action taken to provide resolution.

(j)    A statement of its current billing practices, and a sample copy of the bill format.

(k)    A current copy of its subscriber service contract.

(l)    Report on Operations. Such other reports with respect to its local operation, affairs, transactions or property that may be appropriate.

(m)    Telephone response logs. (Ord. 3437 § 1 (part), 1994)

7.61.280 Programming.

A franchisee shall file with the city a listing of its programing and the tiers in which they are placed. Subject to federal law a franchisee shall be responsive to the city’s suggestions of general program categories as determined from time to time in residential questionnaire polls. The results of initial such surveys will be appended to the respective franchise ordinances if appropriate. (Ord. 3437 § 1 (part), 1994)

7.61.290 Nondiscrimination.

A franchisee shall not, as to rates, charges, service facilities, rules, regulations or in any other respect, make or grant any preferences or advantage to any person nor subject any person to any prejudice or disadvantage; provided, that nothing in this chapter shall be deemed to prohibit the establishment of a graduated scale of charges and classified rate schedules to which any customer coming within such classification would be entitled, and provided further that connection and/or service charges may be waived or modified during promotional campaigns of a franchisee.

A franchisee may from time to time, for research purposes, provide unique experimental program packaging or interactive services to customers served by specific system nodes. The nodes will be selected on a non-discriminatory basis representing broad community demographics. (Ord. 3437 § 1 (part), 1994)

7.61.300 Continuity of service.

A franchisee shall continue to provide service to all subscribers so long as their financial and other obligations to a franchisee are fulfilled.

(a)    In this regard a franchisee shall act so far as it is within its control to ensure that all subscribers receive continuous uninterrupted service during the term of the franchise.

(b)    In the event a franchisee fails to operate a system for seventy-two continuous and consecutive hours without prior notification to and approval of the city council or without just cause such as an impossibility to operate the system because of the occurrence of an act of God or other circumstances reasonably beyond a franchisee’s control, the city may, after notice and an opportunity for a franchisee to commence operations at its option, operate the system or designate someone to operate the system until such time as a franchisee restores service to conditions acceptable to the city council or a replacement franchisee is selected. If the city is required to fulfill this obligation for a franchisee, a franchisee shall reimburse the city for all reasonable costs or damages in excess of revenues from the system received by the city that are the result of a franchisee’s failure to perform. (Ord. 3437 § 1 (part), 1994)

7.61.310 Transfer of ownership.

Any franchise awarded by the city shall be based upon an evaluation by the city of each application, the qualifications, and other criteria as such pertain to each particular applicant. A franchise shall not be sold, transferred, leased, assigned, or disposed of in whole or in part either by sale, voluntary or involuntary merger, consolidation or otherwise, unless approval is granted by the city council to ensure a review of unforeseen circumstances not present at the time of the original franchise. The city may not unreasonably withhold its approval.

A transfer of control of a franchise shall be deemed to occur if there is an actual change in control or where ownership of fifty percent or more of the beneficial interests, singly or collectively, are obtained by other parties. The word “control” as used herein is not limited to majority stock ownership only, but includes actual working control in whatever manner exercised.

A franchisee shall promptly notify the city prior to any proposed change in, or transfer of, or acquisition by any other party of control of a franchisee’s company. Every change, transfer, or acquisition of control of a franchisee’s company shall cause a review of the proposed transfer. In the event that the city adopts a resolution denying its consent and such change, transfer or acquisition of control has been effected, the city may cancel the franchise. Approval shall not be required for mortgaging purposes or if said transfer is from a franchisee to another person or entity controlling, controlled by, or under common control with a franchisee. Further the city will monitor the limitations or ownership, control, utilization and restrictions on sale of systems in accordance with the Act.

Except as specifically addressed in a franchise agreement, unless the city reasonably determines the proposed transfer increases the risk of nonperformance or partial performance of any franchise obligation, the city agrees that it will not seek modifications to the terms of the franchise agreement as a condition of approval of a transfer which occurs within two years of the effective date of this chapter. (Ord. 3437 § 1 (part), 1994)

7.61.320 Removal and abandonment of property of franchisee.

The city may direct a franchisee to temporarily disconnect or bypass any equipment of a franchisee in order to complete street construction or modification, install and remove underground utilities, or for other reasons of public safety and efficient operation of the city. Such removal, relocation or other requirement shall be at the sole expense of a franchisee.

In the event that the use of any part of the cable communications system is discontinued for any reason for a continuous period of twelve months, or in the event such system or property has been installed in any street or public place without complying with the requirements of the franchise or other city ordinances or the franchise has been terminated, cancelled or has expired, a franchisee shall promptly, upon being given ten days’ notice, remove within one hundred eighty days from the streets or public places all such property and poles of such system other than any which the city may permit to be abandoned in place. In the event of such removal, a franchisee shall promptly restore the street or other areas from which such property has been removed to a condition consistent with the public works policies and standards. Any property of a franchisee remaining in place one hundred eighty days after the termination or expiration of the franchise shall be considered permanently abandoned. The city may extend such time not to exceed an additional one hundred eighty days.

Any property of a franchisee to be abandoned in place shall be abandoned in such manner as the city shall prescribe. Upon permanent abandonment of the property of a franchisee in place, the property shall become that of the city, and a franchisee shall submit to the city clerk an instrument in writing, to be approved by the city attorney, transferring to the city the ownership of such property. None of the foregoing affects or limits franchisee’s rights to compensation for an involuntary abandonment of its property under state, or federal law. In the event the city and a franchisee are unable to agree as to whether an abandonment is voluntary for the purposes of this section either party may invoke arbitration to resolve such question. (Ord. 3437 § 1 (part), 1994)

7.61.330 Revocation.

Any franchise granted by the city may be terminated during the period of such franchise for failure by a franchisee to comply with the material provisions of this chapter and/or the franchise.

The procedure to be followed resulting in termination unless by franchisee’s request, shall be:

(a)    The city shall provide franchisee with a detailed written notice of such violation. Within thirty days thereafter, franchisee shall respond demonstrating that no violation occurred, that any problem has been corrected, or with a proposal to correct the problem within a specified period of time.

(b)    If said response is not satisfactory to city, city may declare a franchisee in default, with written notice to franchisee. Within ten business days after notice to franchisee, franchisee may deliver to city a request for a hearing before the city council. If no such request is received, city may declare the franchise terminated for cause.

(c)    If franchisee timely requests a hearing, such hearing shall be held within thirty days after city’s receipt of the request therefor. Such hearing shall be open to the public and franchisee and other interested parties may offer written and/or oral evidence explaining or mitigating such alleged non-compliance. Within ten days after the hearing, the city council, on the basis of the entire record, will make the determination as to whether there is cause for termination and whether the franchise will be terminated. The city council may in its sole discretion fix an additional time period to cure violations. If the deficiency has not been cured at the expiration of any additional time period or if the council does not grant any additional period, the city council may by ordinance declare the franchise to be terminated and forfeited.

(d)    If a franchisee appeals revocation and termination, such revocation may be held in abeyance pending judicial review by a court of competent jurisdiction, provided a franchisee is otherwise in compliance with the franchise.

(e)    Nothing contained in the above subsections of this section shall prevent the issuance of a new franchise containing terms substantially the same or identical to a franchise which previously was revoked, upon satisfactory assurances made to the city council that the terms and conditions of this chapter can be met by the new franchisee. (Ord. 3437 § 1 (part), 1994)

7.61.340 Effect of termination for noncompliance.

Subject to state and federal law, if any franchise is terminated by the city by reason of a franchisee’s noncompliance, that part of the system under such franchise located in the streets and public property, shall, at the election of the city, become the property of the city at a cost consistent with the provisions of the Act. If the city, or a third party, does not purchase the system within twelve months a franchisee shall, upon order of the city council, remove the system as required under Section 7.61.320: Removal and Abandonment of Property of Franchisee of this chapter. The city may at its discretion extend the period of time for the system to be purchased beyond the initial twelve-month period. (Ord. 3437 § 1 (part), 1994)

7.61.350 Insurance.

A franchisee shall, concurrently with the filing of an acceptance of award of any franchise granted hereunder, furnish to the city and file with the city clerk and at all times during the existence of any franchise granted hereunder, maintain in full force and effect, at its own cost and expense, a general comprehensive liability insurance policy, for the purpose of protecting the city and all persons against liability for loss or damage, for personal injury, death and property damage, and errors or omissions, occasioned by the operations of a franchisee under such franchise, such policy to provide minimum limits of one million dollars for both personal injury and/or property damage.

The policies mentioned in the foregoing paragraph shall name the city as additional insured and-shall contain a provision that a written notice of cancellation or reduction in coverage of said policy shall be delivered to the city thirty days in advance of the effective date thereof. If such insurance is provided by a policy which also covers a franchisee or any other entity or person other than those above named, then such policy shall contain the standard cross-liability endorsement. (Ord. 3437 § 1 (part), 1994)

7.61.360 Performance bond.

A franchisee shall comply with all present and future ordinances and regulations of the city regarding excavation or construction and shall be required, upon acceptance of the franchise to post a performance bond in an amount of two hundred and fifty thousand dollars in favor of the city warranting, among other things, that all restoration will be done promptly and in a workmanlike manner. Such bond shall remain in force for the duration of the franchise and shall be in lieu of individual construction project bonds heretofore required. (Ord. 3437 § 1 (part), 1994)

7.61.370 Equalization of civic contributions.

In the event the city grants an overlapping franchise under terms and conditions materially different from those in the existing franchise, then the franchisee may, within six months of the grant of such overlapping franchise, elect to come under the same terms and conditions as the overlapping franchise. Said election shall apply to the franchisee’s entire franchise area and shall become effective upon the franchisee’s filing with the clerk of the city its written acceptance, in a form satisfactory to the city attorney, its agreement to be bound to comply with all terms and conditions applicable to the overlapping franchise.

On the anniversary of the grant of each later awarded franchise, such franchisees shall pay to the city an amount proportional to the amount contributed by the original franchisee, based upon the amount of subscribers held by such franchisees.

Overlapping franchisees shall be required to provide all PEG access facilities, equipment and channel(s) that are required of and available to customers by the existing franchisee. In order to provide the access channels, additional franchisees shall interconnect, at their cost, with the existing franchisee. In addition, the overlapping franchisee shall reimburse on a proportional basis, the franchisee for the capital expenditure required to provide PEG facilities and equipment. (Ord. 3437 § 1 (part), 1994)

7.61.380 Inconsistency.

If any portion of this chapter should be inconsistent or conflict with any rule or regulation now or hereafter adopted by federal or state laws, then to the extent of the inconsistency or conflict, the rule or regulation of the federal or state law shall control for so long, but only for so long, as such rule, regulation, or law shall remain in effect. The remaining provisions of this chapter shall not be affected thereby. (Ord. 3437 § 1 (part), 1994)

7.61.390 Severability.

If any section, subsection, sentence, clause, phrase, part or portion of this chapter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter.

Chapter 7.68
MOTOR VEHICLE TOWING AND STORAGE SERVICE

Sections:

7.68.010    Declaration of policy.

7.68.020    Definitions.

7.68.030    Application for towing service.

7.68.040    Standard regulations for towing operators.

7.68.050    Tow trucks to be called by the police.

7.68.060    Authority to make regulations.

7.68.010 Declaration of policy.

In order to protect persons who operate motor vehicles within the city, it is desirable and necessary to adopt standard regulations to assure proper licensing, storage, availability and other controls over persons and firms licensed to provide motor vehicle towing and storage service, in addition to those regulations imposed by state law. The provisions of this chapter shall apply only to those motor vehicle towing and motor vehicle storage operators, who perform such activities at the request of the city, including the police department. (Ord. 2668 § 1, 1982)

7.68.020 Definitions.

For the purposes of this chapter, the following words shall, unless the context clearly indicates otherwise, have the following meanings:

(1)    “City” means the city of Kirkland.

(2)    “Towing operator” means a person engaged in the business of or offering the services of a vehicle, wrecker or towing service, whereby motor vehicles are or may be towed or otherwise removed from one place to another by the use of a motor vehicle adapted to and designed for that purpose.

(3)    “Chief of police” means the executive head of the police department for the city or anyone designated by him.

(4)    “Towing list” means a list maintained by the police department, containing the names of those towing operators who have qualified for and agreed to respond to requests made by the police department for the towing of vehicles.

(5)    “Storage yard” means that specific place where a towing operator holds, stores or retains, any towed motor vehicle until such time as the motor vehicle is released to its owner. (Ord. 2668 § 2, 1982)

7.68.030 Application for towing service.

Any person desiring to perform towing work at the request of the police department, shall submit an application for towing service to the chief of police. Application forms shall be obtained from the office of chief of police. These forms shall include the name of the owner, home and business address, home phone and name under which the person does or will trade, the location, size and security features of the storage yard on which towed vehicles will be stored, the location to which the public must come to claim stored vehicles, a statement of willingness to provide towing service on a continuous twenty-four-a-day basis each day of the year, a list of the towing equipment, its size and capacity, a complete listing of the insurance policies maintained by the applicant, a statement that the owner will accept responsibility for any and all personal property and for theft in towed and stored vehicles, along with a description of the place he would use to adequately protect the property left in towed or stored vehicles. (Ord. 2668 § 3, 1982)

7.68.040 Standard regulations for towing operators.

(a)    The owner shall hold current and valid permits from the state of Washington as may be required for the operation both of the towing business and the automobile storage yard.

(b)    The owner shall assure that every truck operator be properly licensed as a motor vehicle operator for the particular type of motor vehicle equipment, that is, tow truck, including any specialized licensing provisions such as commercial truck driver’s license.

(c)    The owner shall satisfy the city that their employees are skilled and competent to operate their equipment and maintain their storage yard, and that the motor vehicle and towing equipment is at all times in safe and proper working condition. The owner shall provide a tow vehicle of sufficient size and weight to remove and tow disabled or impounded vehicles. All tow trucks shall be equipped with warning lights required under state law and have working two-way communications radio equipment on the same frequency as a base station located at the point where calls are received.

(d)    The owner shall provide continuous twenty-four-hour-per-day prompt service each day of the year and there shall be an attendant on duty at all times for the purpose of receiving calls and receiving and releasing stored vehicles.

(e)    The owner shall provide a limited coverage secure storage area, storage yard security (fence), and property protection.

(f)    The owner shall maintain general public liability insurance with limits of not less than three hundred thousand dollars and shall at all times, keep on file with the city a certificate of insurance showing that such insurance is in force.

(g)    The owner shall not release any vehicle directly impounded by the city without authorization by the police department.

(h)    The owner’s storage yard shall be located within the city or the city planning area. If located within the planning area, the storage yard shall be not more than one mile from the city limits.

(i)    The owner shall execute an agreement to defend and save harmless the city, its officers and employees from any and all claims (real or imaginary) which may be filed by any person against the city for personal injury or property damage or loss growing out of the impound, towing and/or storage activities of the owner, its officers, agents or employees, except as to any act or omission of a city officer or employee. (Ord. 2668 § 4, 1982)

7.68.050 Tow trucks to be called by the police.

The chief of police shall assure that tow trucks are called to the scene of an accident or to impound vehicles on a rotation basis, distributing the calls on an equitable basis from the towing list. The chief of police shall not call or cause to be called any towing operator not having filed an application with the city unless all such towing operators are unavailable. In those instances where the chief of police is satisfied that an emergency exists, it is specifically permitted for the chief of police to call a towing operator out of sequence, where the proximity of the accident or other emergency condition and the estimated response time make it more practical to do so. (Ord. 2668 § 5, 1982)

7.68.060 Authority to make regulations.

The chief of police is authorized to establish in writing and cause the enforcement of additional reasonable rules and regulations consistent with this chapter for towing operators as from time-to-time he deems appropriate for the safety, well-being and protection of citizens within the jurisdiction of the city and such citizens’ property. (Ord. 2668 § 6, 1982)

Chapter 7.72
NEWSSTANDS

Sections:

7.72.010    Purpose, policy and standards.

7.72.020    Definitions.

7.72.030    Mandatory requirements.

7.72.040    When permits not required.

7.72.050    When permits are required and may be issued.

7.72.060    Newsstand congestion control.

7.72.070    Integration of newsstands into structures.

7.72.080    Permit issuance—Special circumstances.

7.72.090    Owner’s name and address affixed to newsstand.

7.72.100    Impoundment—Redemption fee.

7.72.110    Review procedure.

7.72.120    Administration of chapter.

7.72.130    Pilot modular unit program.

7.72.010 Purpose, policy and standards.

This chapter shall be interpreted and implemented in a manner to:

(1)    Enable the public to acquire a wide variety of publications with a diversity of news, information, ideas and opinions at convenient locations and public places;

(2)    Facilitate the distribution of publications in public places as contemplated by Article 1, Section 5 of the Constitution of the State of Washington and the First Amendment of the United States Constitution;

(3)    Maintain the use of city streets and other public rights-of-way for travel and transportation and incidental authorized purposes and to retain the use of other public places for the purposes established;

(4)    Consider the interests of owners and occupants of property adjacent to public rights-of-way and public places while respecting the rights of all users thereof;

(5)    Preserve the appearance of public rights-of-way and public places, carry out design controls in areas subject thereto, encourage improvements that make public places more pleasing and promote the use of modern aesthetic newsstands in congested areas.

The foregoing statement of purpose and policy shall guide the city in determining the overall public interest in regulating the placement, construction, maintenance, size and appearance of newsstands. (Ord. 2970 § 1, 1986)

7.72.020 Definitions.

For the purposes of this chapter:

(1)    “City” means the Kirkland city manager or by delegation, the director or other designated employee of the department of public works, acting in consultation with the director or other designated employee of the department of planning and community development.

(2)    “Downtown Business Area” means that area within the city of Kirkland north of Second Avenue South, west of I-405, south of 7th Avenue and east of Lake Washington.

(3)    “Modular unit” means newsstands meeting the following specifications: An integrated combination of newsstands containing four (4) boxes, and with overall outside dimensions not greater than 48-1/2 inches in width, 17-3/16 inches deep and 52 inches in height. Modular units meeting the requirements of this ordinance include: SHO-RACK or Berkeley Small components identified as follows: box: K-49-16; tray: MB # 2; pedestal: MP # 1.

(4)    “Newspaper” means any newspaper or similar periodical or publication designed to provide information of either a general or special nature to the general public or any segment thereof.

(5)    “Newsstand” includes any box for storage, display, sale and/or other distribution of newspapers to the general public.

(6)    “Publisher” means any person, corporation or other business entity engaged in the business of newspaper publication and circulation for sale or other distribution to the general public. (Ord. 2970 § 2, 1986)

7.72.030 Mandatory requirements.

All newsstands and modular units within a public right-of-way or other public place shall be situated in a specific location marked by the city, shall provide adequate clear sidewalk space for pedestrian passage, be detectable by pedestrians using canes for guidance and be maintained in a safe condition able to withstand strong winds and in good repair at all times. All newsstands and modular units shall be blue and in a shade established by the city. (Ord. 2970 § 3, 1986)

7.72.040 When permits not required.

Except as otherwise. provided in Sections 7.72.050 and 7.72.060, publishers may place newsstands in public places without a permit. Modular units in number and location as specified in subsections (1) and (2) of Section 7.72.060, are allowed without permit, provided such modular units otherwise conform to the requirements of Sections 7.72.030, 7.72.050 and 7.72.060. (Ord. 2970 § 4, 1986)

7.72.050 When permits are required and may be issued.

Without a permit from the city, no newsstand shall:

(1)    Be placed or maintained so as to obstruct the use of any crosswalk, wheelchair ramp, driveway, hydrant or city emergency facility; or more than four feet or less than eighteen inches from the curb;

(2)    Impair loading at any bus, taxi, passenger or truck loading zone; hinder egress to parked vehicles in marked parking stalls; obstruct sight lines of motorists at an intersection; orient toward the roadway; or obscure any regulatory sign;

(3)    Be fastened to any Metro facility, any utility pole or tree or be permanently affixed to or removed after affixation from the surface of any public place;

(4)    Contain advertising other than that which relates exclusively to the publication or publications sold, or be used for purposes other than sale of such publication;

(5)    Permitted advertising shall be in the form of screening of letters and/or logos on one face of the newsstand and shall not occupy more than twenty-five percent of the face of the newsstand;

(6)    Exceed the size limitations established or authorized by this chapter;

(7)    Conflict with any design policies adopted for historical and/or special review districts, or be placed within two hundred feet of the limits of a street improvement that provides for integration of newsstands into structures located therein;

(8)    Conflict with any rule or regulation adopted by the city, pursuant to Section 7.72.090. (Ord. 2970 § 5, 1986)

7.72.060 Newsstand congestion control.

Without a permit from the city, no newsstand nor modular unit shall be placed within two hundred feet of any corner or other location having four or more newsstands or one or more modular units, nor within two hundred feet of the following specific locations, where approved modular units are required:

(1)    Locations where two modular units are permitted:

a.    Northwest corner of Lake Street and Kirkland Avenue;

b.    Mid-block on the south side of Park Lane between Lake Street and Main Street;

c.    West side of Lake Street in front of “Moss Bay Building”;

d.    Third Street at Park Lane (Metro Transit Center),

(2)    Locations where one modular unit is permitted:

a.    Mid-block on the east side of Lake Street between Kirkland Avenue and Second Avenue South;

b.    East side of Lake Street between Kirkland Avenue and Second Avenue South at “Moss Bay Commons Building”;

c.    Southwest corner of Lake Street and Kirkland Avenue;

d.    Mid-block on north side of Kirkland Avenue between Lake Street and Main Street. (Ord. 2970 § 6, 1986)

7.72.070 Integration of newsstands into structures.

It shall be the policy of the city of Kirkland to consider the location of newsstands and the practicality of integrating newsstands into structures being erected in the planning for projects in the central business district involving the construction or reconstruction of a substantial segment of sidewalk or other open area for pedestrian use and to utilize such integrated structures wherever practical in such areas and wherever appropriate, to encourage the replacement of single publication newsstands with attractive modular units. (Ord. 2970 § 7, 1986)

7.72.080 Permit issuance—Special circumstances.

The city may issue a permit to allow the location of a newsstand restricted by Section 7.72.060 or by subsections (1) through (7), inclusive, of Section 7.72.050 whenever the same constitutes a reasonable accommodation that furthers the overall public interest. If application is made for a permit under this chapter, the city shall determine whether the totality of newsstands at such location will conflict with the restrictions of Section 7.72.060 or subsections (1), (2), (3) or (7) of Section 7.72.050; and if not, or if the city finds that the proposed newsstand together with the pre-existing newsstands represent a reasonable accommodation furthering the overall public interest, the city may issue a permit for such proposed newsstand. If the newsstands at said location are not already integrated into a modular unit, then the city may require as a condition of such permit the integration of all newsstands at said location into a modular unit. (Ord. 2970 § 8, 1986)

7.72.090 Owner’s name and address affixed to newsstand.

Every newsstand and modular unit located within any public right-of-way or public place shall have the name, address and telephone number of the owner or other responsible party affixed thereto in a place where it may be easily seen. (Ord. 2970 § 9, 1986)

7.72.100 Impoundment—Redemption fee.

From and after November 15, 1986, any newsstand located within any public right-of-way or other public place within the downtown business area which does not conform to the requirements of this chapter is hereby declared to be an unlawful obstruction and may be summarily impounded by the city. If impounded, the newsstand shall be removed to the city hall for temporary storage. An owner may recover an impounded newsstand at the city hall by first paying the impound fee. No fee shall be required for release of newspapers without the newsstand.

Fees for impounding a newsstand shall be measured by the city’s cost and expense of impounding or thirty-five dollars, whichever is greater. (Ord. 2970 § 10, 1986)

7.72.110 Review procedure.

Any person or publisher aggrieved by the placement of a newsstand or modular unit in an public right-of-way or other public place or by any action of the city taken pursuant to this chapter, including the granting or denying of a permit or the impounding of a newsstand may seek review thereof by promptly filing a notice with the director of planning and community development identifying the action taken, the objections made thereto and requesting a review thereon. The director of planning and community development shall conduct such review utilizing the procedures of Process I established in Chapter 145 of Ordinance 2740. The decision of the planning director shall be final and conclusive. (Ord. 2970 § 11, 1986)

7.72.120 Administration of chapter.

The city is hereby authorized to adopt administrative rules and regulations for implementation and administration of this chapter. (Ord. 2970 § 12, 1986)

7.72.130 Pilot modular unit program.

As a pilot or demonstration, the city of Kirkland will fund and install two four-newsstand modules at the northwest corner of Kirkland Avenue and Lake Street. The newsstands will be provided at no charge to a limited number of publishers. All publishers who currently have a newsstand at this location shall be given priority to move on a randomly assigned space into the newsstands integrated into the modules provided by the city. Any newsstands remaining shall be offered to other publishers on a first come, first served basis. The allocation of the locations in these integrated units shall occur prior to installation so that the appropriate names or identifications may be placed on the face of the newsstands by the publisher. Installation of the pilot program modules shall take place on or before November 15, 1986. Thereafter, maintenance and upkeep of the modules and the newsstands integrated therein shall be the responsibilities of the publishers to whom said newsstands have been assigned. (Ord. 2970 § 13, 1986)