Title
5
BUSINESS TAXES, LICENSES AND REGULATIONS
Chapters:
5.04 Business Licenses
5.08 Fire and Life Safety Inspection
5.10 Business and Occupation Tax
5.12 Business and Occupation Tax – Cable Television
5.16
Repealed
5.24 Intoxicating Liquor
5.28
Repealed
5.32
Repealed
5.36 Taxicabs
5.40 Park Vendors
Chapter 5.04
BUSINESS LICENSES
Sections:
5.04.010 Intent.
5.04.020 Rules of interpretation.
5.04.030 Definitions.
5.04.040 Business license requirement.
5.04.050 Businesses exempt from license requirements.
5.04.060 License term.
5.04.070 License fee.
5.04.080 Application procedures.
5.04.090 Reasons for application disapproval.
5.04.100 Revocation of a business license.
5.04.110 Procedures for revocation.
5.04.120 Penalties and fines.
5.04.130 Appeal to the city council.
5.04.140 Judicial appeal.
5.04.010 Intent.
The purpose of this
chapter is to provide a means of registering certain
businesses operating within the city for informational
and economic development purposes and to disseminate
information to businesses relating to city policies,
regulations, and economic information. Fees for business
licenses are intended to cover costs related to business
licensing and not intended as a revenue generating source
to the city. (Ord. 877 § 2, 1996).
5.04.020 Rules of
interpretation.
A. For the purposes of
Chapter 5.04 CMC, all words used shall have their normal
and customary meanings, unless specifically defined
otherwise in the code.
B. Words used in their
present tense include the future.
C. The plural includes
the singular and vice versa.
D. The words “will” and
“shall” indicate mandatory action.
E. The word “may”
indicates that discretion is allowed.
F. The masculine gender
includes the feminine and vice versa. (Ord. 877 § 2,
1996).
5.04.030
Definitions.
The following definitions
shall apply to Chapter 5.04 CMC:
A
“Applicant” means a
person seeking a business license.
“Application” means a
document prepared by the city clerk-treasurer and approved
by the city superintendent, for the purpose of collecting
information from the applicant to meet the objectives and
goals of Chapter 5.04 CMC.
B
“Building department”
means the city of Cashmere building department contractor,
the city of Wenatchee building department.
“Business or commerce”
means the engaging in the profession, purchase, sale,
barter or exchange of services, goods, wares, or
merchandise, and the maintenance or the operation of
recreational or amusement enterprises. “Business” shall
also include home occupations, door-to-door business, and
child care centers.
“Business, door-to-door”
means a person or firm that lacks a specific clientele,
has no appointments to conduct business, and solicits
business by approaching persons at their homes, on the
street, or other buildings.
“Business, minor” means
businesses operated or owned by persons under the age of
18 years and does not generate a net income of more than
$1,500 per year. Examples of minor businesses are
babysitting, newspaper delivery, lawn mowing, refreshment
sales, and others conducted by persons under the age of
18.
“Business, nonresident”
means a business that is based outside of the city
corporate limits, but may conduct business visits within
the city.
“Business visit” means an
individual trip made for the purpose of conducting
business or receiving instruction, or for performing
services, or for delivering goods or stock in trade, not
including door-to-door businesses.
C
“Certificate” means a
city of Cashmere sealed document of an approved business
license.
“City” means the city of
Cashmere.
“City council” means the
city council of the city of Cashmere.
“City clerk-treasurer”
means the city clerk-treasurer of the city of Cashmere.
“City superintendent”
means the city superintendent of the city of Cashmere.
“Code” means city of
Cashmere Municipal Code.
D
“Day care center” means a
building used to provide child care services for 12 or
more children, including those of the day care center
operator.
“Department of Ecology”
means the Washington State Department of Ecology.
“Dwelling unit” means a
building or portion thereof providing complete
housekeeping facilities for one family. “Dwelling unit”
does not include recreational vehicles.
E
“Engaging in business”
means commencing, conducting, or continuing in any
business.
F
“Fire chief” means the
fire chief of the city of Cashmere.
H
“Health district” means
Chelan-Douglas counties health district.
“Home occupation” means
an economic enterprise to make and/or sell a product or
perform a service that is conducted or operated within a
residential dwelling unit or building accessory to a
residential dwelling unit, by the resident, occupant, or
owner, and which use shall be clearly incidental and
secondary to the residential use of the dwelling unit,
including by use of the dwelling unit as a business
address in a directory or as a business mailing address.
N
“Notice of disapproval”
means a document stating that an application for a
business license has not been approved.
“Notice of violation”
means a document signed by the city superintendent stating
the specific code(s) or regulation(s) that is/are being
violated, that the violation must cease, the required
mitigation to correct the violation, the date by which the
violation must cease, and a statement that legal action
may be taken that may include penalties or fines.
S
“Stock in trade” means
any item or good that: (1) is produced, purchased,
processed, finished or fabricated as part of a home
occupation, or (2) is incorporated into any such item, or
(3) is used to make, manufacture, produce, process,
finish or fabricate any such item, or (4) is intended for
resale on-site; provided, that it does not include
samples. (Ord. 877 § 2, 1996).
5.04.040 Business
license requirement.
On or before July 1,
1996, and thereafter, a business license shall be required
for any person, persons, company, corporation or
association to transact, exercise, engage in or carry on,
either directly or indirectly, within the city limits, any
business or commerce except those exempted in CMC
5.04.050. The business license is issued to the business
owner or operator at a specific location and not to the
business. If the business changes location a review of
the business license requirements shall be required. (Ord.
954 § 1, 1999; Ord. 877 § 2, 1996).
5.04.050 Businesses
exempt from license requirements.
A. Nonresident
businesses.
B. Minor businesses.
C. Any fraternal or social corporation or organization
whose purpose is charitable and/or nonprofit.
D. Any religious organization or church, or other
religious assemblage.
E. Any charitable fund raising organization.
F. Any municipality or political subdivision of the
United States or of the state of Washington.
G. Any public utility companies.
H. Farmers or gardeners selling their own unprocessed farm
products raised or grown exclusively upon lands owned or
occupied by them, and which does not generate a net income
of more than $1,500 per year.
I. Subcontractors working under a contractor who has
obtained a business license.
J. Rental of real property, by the owner.
K. Yard sales. (Ord. 877 § 2, 1996).
5.04.060 License
term.
All business licenses
shall be issued annually and shall be effective for one
year or fraction thereof and shall expire on June 30th of
each year, unless otherwise provided, and fee shall not be
prorated. (Ord. 877 § 2, 1996).
5.04.070 License
fee.
A. The fee for all new
licenses or initial applications for licenses shall be
$20.00.
B. All renewal license
fees shall be $10.00. (Ord. 877 § 2, 1996).
5.04.080 Application
procedures.
A. The applicant shall
complete the application provided by the city and submit
same along with the appropriate fee to the city
clerk-treasurer.
B. The city
clerk-treasurer shall provide information relating to
services provided by the city, applicable regulations, and
other information as may be needed for all new applicants.
Any changes in services, regulations, and other
information, shall be given to applicants renewing their
business licenses.
C. The city
superintendent shall review all applications. He may refer
the application to the fire chief, building department,
health district, Department of Ecology, or other agencies
or departments he deems necessary. The city
superintendent’s review and approval or disapproval shall
be completed within 10 days of the application date unless
additional time is needed by other agencies or a time
extension is mutually agreed upon by the city
superintendent and the applicant.
D. Upon approval or
disapproval, the city clerk-treasurer shall inform the
applicant and provide him with a certificate in the case
of approval or a notice of disapproval in the case of
disapproval by the city superintendent. (Ord. 877 § 2,
1996).
5.04.090 Reasons for
application disapproval.
The city superintendent
shall review and approve all applications in a timely
manner, except that he shall disapprove applications for
only the following reasons:
A. Incomplete or
inaccurate application;
B. The appropriate fee
has not been submitted with the application;
C. The business would
violate any code;
D. The business would
violate health district regulations;
E. The business would
violate Department of Ecology or other state and federal
health and safety regulations. (Ord. 877 § 2, 1996).
5.04.100 Revocation
of a business license.
The city superintendent
shall revoke a business license for the following
reasons:
A. The application for
the business was falsified;
B. The check or other
payment instrument used to pay the fee was returned to the
city because insufficient funds were available for the
check or payment instrument;
C. The business is in
violation of the Cashmere Municipal Code, health district
regulations, and/or other state and federal health and
safety regulations. (Ord. 877 § 2, 1996).
5.04.110 Procedures
for revocation.
The city superintendent
shall follow the procedures below when revoking a
business license.
A. A notice of violation
shall be sent or delivered to the business. In the case of
imminent danger to the public the notice shall also be
posted at the business location by the city
superintendent.
B. The time for
correcting the violation shall be determined by the city
superintendent. The time for correction of the violation
shall be reasonable and dependent on the severity of the
situation and danger to the public.
C. The city
superintendent may grant an extension in time because of
extenuating circumstances, if there is no danger to the
public.
D. If the violation(s)
are not corrected within the time established by the city
superintendent the business license shall become void and
the city clerk-treasurer shall send a notice to the
business that his business license has been revoked. (Ord.
877 § 2, 1996).
5.04.120 Penalties
and fines.
A. Initial Business
Licenses. Hereafter it shall be unlawful for any person,
persons, company, corporation or association to do,
transact, exercise, engage in or carry on, either directly
or indirectly, within the city limits, any trade,
business, commerce, occupation or activity for which a
license is hereafter required or a license fee provided
without first procuring such license and paying such fee.
A person found doing business without a license shall
receive a notice of violation sent by the city
superintendent. Said person shall have 45 days from the
date on the notice in which to obtain a business license
or be in violation of this chapter. A person who fails to
obtain the necessary license or fails to comply with a
notice of violation shall be guilty of an infraction and
shall be required to pay a penalty of $250.00.
B. Renewal of Business
Licenses. There is established a late payment penalty to
be added to each business license renewal fee for failure
to pay such renewal fee within 45 days after the due date.
The due date shall be July 1st for any business in
operation on that date. Such penalty shall be $40.00. Any
person failing to pay said business license renewal fee
and penalty within 90 days of due date shall be guilty of
an infraction and shall be required to pay an additional
penalty of $200.00. (Ord. 899 § 1, 1997; Ord. 877 § 2,
1996).
5.04.130 Appeal to
the city council.
Any person may appeal the
city superintendent’s decision to approve or disapprove
an application pertaining to this chapter to the city
council. Appeals shall be filed in accordance with CMC
14.11.040. (Ord. 877 § 2, 1996).
5.04.140 Judicial
appeal.
Any person may appeal the
city council’s decision relating to an appeal of the city
superintendent’s decision through the court system.
Judicial appeals shall be accomplished in accordance with
CMC 14.11.050. (Ord. 877 § 2, 1996).
Chapter 5.08
FIRE AND LIFE SAFETY INSPECTION
Sections:
5.08.010 Program
adopted.
5.08.020 Self-inspection letters, forms and permits.
5.08.030 On-site inspection.
5.08.040 Violation – Penalty.
5.08.010 Program
adopted.
The city of Cashmere
hereby adopts a fire and life safety self-inspection
program for businesses operating within the city limits of
Cashmere. Business owners in the city of Cashmere subject
to applicable fire codes shall conduct a self-inspection
of their business property annually and submit a
self-inspection form to the city no later than 30 days
after receipt from the city. The inspection is to be
conducted by the person in highest authority at the
business, or their designee. (Ord. 1093 § 1, 2006).
5.08.020
Self-inspection letters, forms and permits.
Attached to the ordinance
codified in this chapter as Exhibit A-1 is an example of
the standard letter the city will mail to business owners
requiring the self-inspection. A partial list of fire
inspection review elements to be included with the
inspection form is attached to the ordinance codified in
this chapter as Exhibit A-2. Attached to the ordinance
codified in this chapter as Exhibit A-3 is a sample
self-inspection form to be completed and signed by the
business owner or designee and returned to the city.
Attached to the ordinance codified in this chapter as
Exhibit A-4 is an example of the occupancy permit
application that must accompany the self-inspection form
together with the applicable application fee as
established by resolution of the city of Cashmere.
Attached to the ordinance codified in this chapter as
Exhibit A-5 is an example of the occupancy permit that the
city of Cashmere will issue upon review and approval of
the self-inspection form. (Ord. 1093 § 2, 2006).
5.08.030 On-site
inspection.
In the event a business
owner in the city of Cashmere fails to timely file the
self-inspection form with the city of Cashmere, the city
may order an on-site inspection by the city fire official
or the fire official’s designee and the business owner
shall be billed the applicable fee for said on-site fire
inspection. The occupancy permit application fee and
on-site inspection fee, if required, shall be established
by resolution of the city council. (Ord. 1093 § 3, 2006).
5.08.040 Violation –
Penalty.
Any person, partnership,
association, firm or corporation who violates or fails to
comply with this chapter is guilty of a civil infraction
and is subject to the civil penalties and remedies and
corrective actions as set forth in CMC Title 14. (Ord.
1093 § 4, 2006).
Chapter 5.10
BUSINESS AND OCCUPATION TAX
Sections:
5.10.010 License –
Required.
5.10.020 Payment requirements.
5.10.030 Tax levy.
5.10.040 Deductions in computation of tax.
5.10.050 Recordkeeping.
5.10.060 Payment failure – Penalty.
5.10.070 Error or overpayment – Credit or refund.
5.10.080 Severability.
5.10.090 Administration rules and regulations.
5.10.010 License –
Required.
After October 1, 1983, no
person, firm or corporation shall engage in or carry on
any business, occupation, act or privilege for which a tax
is imposed by CMC 5.10.030 without first having obtained
and being the holder of a license so to do, to be known as
occupation license. Each such person, firm or
corporation shall promptly apply to the city for such
license upon such information as the clerk-treasurer shall
deem reasonably necessary to enable the city
clerk-treasurer’s office to administer and enforce this
chapter; and upon acceptance of such application by the
clerk-treasurer, said clerk-treasurer shall thereupon
issue such license to the applicant. Such occupation
license shall be personal and non-transferable and shall
be valid as long as the license shall continue in said
business and shall comply with this chapter. (Ord. 1042
§ 2, 2004).
5.10.020 Payment
requirements.
The tax imposed by this
chapter shall be due and payable in monthly installments
and remittance shall be made on or before the fifteenth
day of each month next succeeding the end of the month in
which the tax accrued. On or before said due date, the
taxpayer shall file with the city clerk-treasurer a
written return, upon such form and setting forth such
information as the clerk-treasurer shall reasonably
require, together with the payment of the amount of the
tax. (Ord. 1042 § 3, 2004).
5.10.030 Tax levy.
From and after November
1, 1983, there is levied upon and there shall be collected
from every person, firm or corporation engaged in carrying
on the following business for hire or for sale of a
commodity or a service within or partly within the
incorporated limits of the city, a tax for the privilege
of doing business as defined in this section:
A. Upon any telephone
business there shall be levied a tax equal to six percent
of the total gross operating revenues, including revenues
from intrastate toll, derived from the operation of such
businesses within the city. Gross operating revenues for
this purpose shall not include charges which are passed on
to the subscribers by a telephone company pursuant to
tariffs required by regulatory order to compensate for
the cost to the company of the tax imposed by this
chapter. “Telephone business” means the business of
providing access to a local telephone network, local
telephone network switching service, toll service, or
coin telephone network services, or providing telephonic,
video, data, or similar communication or transmission for
hire, via a local telephone network, toll line or channel,
or similar communication or transmission system. It
includes cooperative or farmer line telephone companies
or associations operating an exchange. “Telephone
business” does not include the providing of competitive
telephone service, nor the providing of cable television
service. “Competitive telephone service” means the
providing by any person of telephone equipment,
apparatus, or service, other than toll service, which is
a type which can be provided by persons that are not
subject to regulation as telephone companies under RCW
Title 80 and for which a separate charge is made.
B. There is hereby levied
a tax on the sale, service, delivery or distribution of
electricity and electrical energy and for the privilege of
carrying on said business equal to six percent of the
total gross operating revenues derived from sales and
service of such electricity to ultimate users within the
city.
C. There is hereby levied a
tax on the sale and service of garbage service provided in
the city equal to six percent of the total gross operating
revenue derived from sales and service of such garbage
service to ultimate users served by the city.
D. There is hereby levied a
tax on the sale of service of each water distributor
provided by the city equal to six percent of the total gross
operating revenue derived from sales and service of such
water utilities to ultimate users served by the city.
E. There is hereby levied a
tax on the sale and service of each sewer service provided
by the city equal to six percent of the total gross
operating revenue derived from sales and service of such
sewer service to ultimate users served by the city.
F. There is hereby levied a
tax on the sale and service of cellular telephone service
within the city equal to six percent of the total gross
operating revenue derived form the sale and service of such
cellular phone service to ultimate users within the city.
“Cellular telephone service” means two-way voice and data
telephone/telecommunications system based on whole or
substantially in part on wireless radio communications and
which is not currently subject to regulation by the
Washington Utilities and Transportation Commission (WUTC).
Cellular telephone service includes cellular mobile service.
The definition of cellular mobile service includes other
wireless radio communications services such as specialized
mobile radio (SMR), personal communications services (PCS)
and any other evolving wireless radio communications
technology which accomplishes the same purpose as cellular
mobile service.
Payments by a customer for
cellular telephone service from telephones without a fixed
location shall be allocated among taxing jurisdictions to
the location of the customer’s principal service address
during the period for which the tax applies. There is a
presumption that the service address a customer supplies to
the taxpayer is current and accurate, unless the taxpayer
has actual knowledge to the contrary.
When the cellular
telephone service is provided in which a subscriber is
roaming outside the subscriber’s normal cellular network
area, the gross income shall be assigned consistent with
the taxpayer’s accounting system to the location of the
originating cell site of the call, or to the location of
the main cellular switching office that switched the call.
(Ord. 1042 § 1, 2004).
5.10.040 Deductions
in computation of tax.
In computing said tax
there shall be deducted from said gross operating revenues
the following items:
A. The amount of credit
losses and uncollectibles actually sustained by the
taxpayer;
B. Amounts derived from
transactions in interstate or foreign commerce or from any
business which the city is prohibited from taxing under
the Constitution of the United States or the State of
Washington;
C. Amounts derived by the
taxpayer from the city of Cashmere. (Ord. 1042 § 4, 2004).
5.10.050
Recordkeeping.
Each taxpayer shall keep
records reflecting the amount of his said gross operating
revenues, and such records shall be open at all
reasonable times to the inspection of the city
clerk-treasurer or his/her duly authorized subordinates,
for verification of said tax returns or for the fixing of
the tax of a taxpayer who shall fail to make such return.
(Ord. 1042 § 5, 2004).
5.10.060 Payment
failure – Penalty.
If any person, firm or
corporation subject to this chapter shall fail to pay tax
required by this chapter within 30 days after the due date
thereof, there shall be added to such tax a penalty of 10
percent of the amount of such tax. Any tax due under this
chapter and unpaid, and all penalties thereon, shall
constitute a debt to the city and may be collected by
court proceedings, which remedy shall be in addition to
all other remedies. (Ord. 1042 § 6, 2004).
5.10.070 Error or
overpayment – Credit or refund.
Any money paid to the
city through error or otherwise not in payment of the tax
imposed hereby or in excess of such tax shall, upon
request of the taxpayer, be credited against any tax due
or to become due from such taxpayer hereunder or, upon the
taxpayer’s ceasing to do business in the city, be refunded
to the taxpayer. (Ord. 1042 § 7, 2004).
5.10.080
Severability.
The invalidity or
unconstitutionality of any provisions or section of this
chapter shall not render any other provision or section of
this chapter invalid or unconstitutional. (Ord. 1042 § 8,
2004).
5.10.090
Administration rules and regulations.
The city clerk-treasurer
is hereby authorized to adopt, publish and enforce from
time to time such rules and regulations for the proper
administration of this chapter as shall be necessary, and
it shall be a violation of this chapter to violate or to
fail to comply with any such rule or regulation lawfully
promulgated hereunder. (Ord. 1042 § 9, 2004).
Chapter 5.12
BUSINESS AND OCCUPATION TAX – CABLE TELEVISION
Sections:
5.12.010 Tax imposed.
5.12.020 Tax payment due dates.
5.12.030 Computation of tax.
5.12.040 Records to be maintained for inspection.
5.12.050 Overpayment.
5.12.060 Violation – Penalty.
5.12.010 Tax
imposed.
There is hereby levied
upon everyone engaged in the business of operating or
conducting a cable television system (CATV), or otherwise
providing coaxial or other cable distribution of
entertainment or information including television, radio,
computer data, or any other electronically transmitted
information, a tax equal to six percent of the total
gross income from gross subscriber receipts. For purposes
of this chapter, “gross subscriber receipts” means and
includes those receipts derived from the supplying of
subscription service, that is, fees for regular cable
benefits including the transmission of broadcast signals
and access and origination channels and per-program and
per-channel charges. “Gross subscriber receipts” does not
include leased channel receipts, advertising receipts, or
any other income derived from the system. (Ord. 1094 § 1,
2006).
5.12.020 Tax payment
due dates.
The tax imposed by this
chapter shall be due and payable in quarterly installments
and remittance shall be made on or before the thirtieth
day of the month next succeeding the end of the quarterly
period in which the tax accrued. Such quarterly periods
are as follows:
|
First quarter |
January, February, March |
|
Second quarter |
April, May, June |
|
Third quarter |
July, August, September |
|
Fourth quarter |
October, November, December |
The first payment made
hereunder shall be made by April 30, 2007, for the
three-month period ending March 31, 2007. On or before
said due date the taxpayer shall file with the city
clerk-treasurer a written return, upon such form and
setting forth such information as the clerk-treasurer
shall reasonably require, together with the payment of the
amount of the tax. (Ord. 1094 § 2, 2006).
5.12.030 Computation
of tax.
In computing said tax,
there shall be deducted from said gross operating revenues
the following items:
A. The amount of credit
losses and uncollectibles actually sustained by the
taxpayer;
B. Amounts which the city
is prohibited from taxing under the constitutions or
statutes of the United States or the state of Washington.
(Ord. 1094 § 3, 2006).
5.12.040 Records to
be maintained for inspection.
Each taxpayer shall keep
records reflecting the amount of said gross operating
revenues, and such records shall be open at all reasonable
times to the inspection of the city clerk-treasurer, and
her duly authorized subordinates, for verification of said
tax returns or for the fixing of the tax of a taxpayer who
shall fail to make such returns. (Ord. 1094 § 4, 2006).
5.12.050
Overpayment.
Any money paid to the
city through error or otherwise not in payment of the tax
imposed hereby or in excess of such tax shall, upon
request of the taxpayer, be credited against any tax due
or to become due from such taxpayer hereunder or, upon the
taxpayer’s ceasing to do business in the city, be refunded
to the taxpayer. (Ord. 1094 § 5, 2006).
5.12.060 Violation –
Penalty.
If any person, firm or
corporation subject to this chapter or any ordinance
referred to herein shall fail to pay any tax required by
this chapter or any other such ordinance within 30 days
after the due date thereof, there shall be added to such
tax a penalty of 20 percent of the amount of said tax, and
any tax due under this chapter and unpaid, and all
penalties thereon, shall constitute a debt to the city and
may be collected by proceedings in the appropriate court,
which remedies shall be in addition to any and all other
remedies to which the city is entitled. (Ord. 1094 § 6,
2006).
Chapter 5.16
DANCEHALLS
(Repealed by Ord. 1086)
Chapter 5.24
INTOXICATING LIQUOR
Sections:
5.24.010 Purpose.
5.24.020 Definition of words.
5.24.030 Premises to be open for inspection.
5.24.040 Consumption of liquor in public place.
5.24.050 Persons under influence of liquor.
5.24.060 Liquor prohibited to minors – Exceptions.
5.24.070 Harboring bootleggers – Use of premises for
unlawful sale.
5.24.080 Prohibited sales.
5.24.090 Hours of sale.
5.24.010 Purpose.
This chapter shall be
deemed an exercise of the police power of the city and an
aid to the enforcement of the Washington State Liquor Act,
and all its provisions shall be liberally construed for
the accomplishment of that purpose. (Ord. 227 § 1, 1935).
5.24.020 Definition
of words.
In this chapter any term
used, but not specifically defined, shall have the
definition and meaning given it by the Washington State
Liquor Act, if defined therein; otherwise it shall have
the meaning ordinarily given it by common usage. (Ord. 227
§ 2, 1935).
5.24.030 Premises to
be open for inspection.
All licensed premises
used in the sale of liquor within the city shall at all
times be open to inspection by the mayor, marshal, or any
police officer of the city in order to ascertain whether
any infraction of any of the provisions of this chapter or
of the regulations of the Washington State Liquor Board
has taken place or is taking place therein. (Ord. 227 § 3,
1935).
5.24.040 Consumption
of liquor in public place.
Except as permitted by
the Washington State Liquor Act, no person shall open the
package containing liquor or consume liquor in a public
place. (Ord. 227 § 4, 1935).
5.24.050 Persons
under influence of liquor.
No person shall sell any
liquor to any person apparently under the influence of
liquor. No licensee under the Washington State Liquor Act,
or his clerk, waiter, waitress, or employee, shall permit
any intoxicated person to be or remain in his place of
business, and it is unlawful for any person who is
intoxicated to be or remain in any public place in the
city. (Ord. 227 § 5, 1935).
5.24.060 Liquor
prohibited to minors – Exceptions.
Except in the case of
liquor given or permitted to be given to a person under
the age of 21 years by his parents or guardian for
beverage or medicinal purposes, or administered to him by
his physician or dentist for medicinal purposes, no
person in the city shall give or otherwise supply liquor
to any person under the age of 21 years, or permit any
person under that age to consume liquor on his premises or
on any premises under his control in the city, and it is
unlawful for any person under the age of 21 years to
purchase any liquor. (Ord. 227 § 6, 1935).
5.24.070 Harboring
bootleggers – Use of premises for unlawful sale.
No licensee under the
Washington State Liquor Act, or his clerk, waiter,
waitress, or employee, or any other person in the city
shall knowingly harbor any bootlegger or vendor of
moonshine liquor in his premises, or knowingly permit his
premises to be used by another person as a place for the
unlawful sale or distribution of intoxicating liquor of
any kind. (Ord. 227 § 7, 1935).
5.24.080 Prohibited
sales.
Except as otherwise
provided in the Washington State Liquor Act, no person
shall sell any liquor (other than beer or wine by bottle
or package, under a valid license), or shall own or
operate any still, in the city. (Ord. 227 § 8, 1935).
5.24.090 Hours of
sale.
A. The terms “retail
licensee” and “liquor” are used in this section as defined
in RCW Title 66 and the regulations of the Washington
State Liquor Control Board.
B. No retail licensee
shall sell, deliver, offer for sale, serve or allow to be
consumed upon the licensed premises any liquor, nor
permit the removal of any liquor from the licensed
premises in any manner whatsoever between the hours of
2:00 a.m. and 12:00 noon on Sunday and between the hours
of 12:00 midnight on Sunday and 6:00 a.m. the following
Monday, nor at any other time prohibited by the
regulations of the Washington State Liquor Control Board.
(Ord. 446 § 1, 1970; Ord. 436 § 1, 1970; Ord. 426 §§ 1, 2,
1968).
Chapter 5.28
PINBALL AND SLOT MACHINES
(Repealed by Ord. 817)
Chapter 5.32
POOL AND BILLIARD TABLES, CARD TABLES AND SHUFFLEBOARD
(Repealed by Ord. 817)
Chapter 5.36
TAXICABS
Sections:
5.36.010 License
required.
5.36.020 License – Application – Issuance.
5.36.030 License – Term.
5.36.040 License – Fee.
5.36.050 Condition of taxicabs – Insurance.
5.36.060 Violation – Penalty.
5.36.010 License
required.
It is unlawful for any
person or persons to operate in the city any taxicab
without first securing a license therefor from the city as
provided for in this chapter. (Ord. 405 § 1, 1964).
5.36.020 License –
Application – Issuance.
Application for license
for each taxicab shall be made in writing to the city
clerk-treasurer. Each applicant for a license for such
taxicab shall present evidence of satisfactorily passing
the Washington State Patrol Vehicle Safety Inspection.
Said vehicle safety inspection shall have been conducted
and passed within 20 days of the application for license.
The city clerk-treasurer shall present each such
application to the city council at its next regular
meeting and, after investigation and consideration, the
council shall direct or refuse the issuance of licenses.
(Ord. 493, 1975; Ord. 405 § 2, 1964).
5.36.030 License –
Term.
No such license shall be
issued for a longer period than one year from the date
thereof and, in any event, the same shall expire on the
thirty-first day of December of the current year. (Ord.
405 § 3, 1964).
5.36.040 License –
Fee.
The fee for the license
provided for in this chapter is $25.00 for each year or
part thereof for each taxicab. (Ord. 405 § 4, 1964).
5.36.050 Condition
of taxicabs – Insurance.
Taxicabs shall at all
times be kept in a clean, neat and orderly condition and
in good repair and the operator thereof shall carry
liability
insurance not less than the
minimum level set forth by RCW 46.29.090 as it is now
enacted or may be hereafter amended. (Ord. 514 § 2, 1977;
Ord. 409, 1964; Ord. 405 § 5, 1964).
5.36.060 Violation –
Penalty.
In the event any taxicab is
used for any unlawful purpose or in the event of any
violation of provision of this chapter by the operator
thereof, the license for such taxicab may be cancelled and
any person violating any provision of this chapter shall be
guilty of a misdemeanor and, upon any conviction for such
violation, may be punished as provided by law. (Ord. 405 §
6, 1964).
Chapter 5.40
PARK VENDORS
Chapter 5.40 Vendors
Sections:
5.40.010 Permit –
Required.
5.40.020 Permit – Application.
5.40.030 Designation of business locations.
5.40.040 Limited number of permits – Forfeiture.
5.40.050 Business to be conducted from booth.
5.40.060 Bond required.
5.40.070 Compliance with applicable rules.
5.40.010 -
Permit - Required.
A. Vendors shall be authorized to conduct business
on public property of the city provided they have first
obtained a permit to do so and otherwise comply with the
rules and conditions set by the City of Cashmere and all
other applicable statutes and ordinances of the City of
Cashmere, County of Chelan and State of Washington,
including but not limited to the Chelan County health
department and State of Washington Department of Revenue.
Non-profit vendors are required to obtain a permit, but
are exempt from paying the fees.
B. The following permits
may be obtained:
1.
Quarterly. This permit is effective for three
consecutive months from the issue date of the permit.
2.
Event. This permit is effective for four
consecutive days as designated by the permit.
3.
Multiple Vendor Event. This permit is effective
for four (4) consecutive days as designated by the permit
and is intended for purchase for community events by a
sponsoring agency.
C.
Permit fees
shall be set by resolution of the city council and shall be
published in the City of Cashmere General
Information and Utility Regulations and Rates booklet,
adopted by Resolution 11-94 on September 26, 1994.
D.
In addition to the fees charged
for the permits, the City may also charge for electricity
use and for extra dumpsters or portable toilets in an amount
to be established by the City of Cashmere Public Works
Director.
5.40.020 Permit –
Application.
The permit application
shall provide the name, address, and telephone number of the
applicant. The applicant shall also identify the scope and
nature of the business to be conducted. The applicant shall
also provide a picture or drawing of the booth from which
sales shall be conducted, together with a detailed
description of dimensions and materials. All sales shall be
conducted from a booth.
5.40.030 Designation of
business locations.
The City of Cashmere
reserves the right to designate in which location the
applicant may conduct business.
5.40.040 Limited number of
permits – Forfeiture.
A.
The number of vendor permits shall be limited as set forth
hereinafter. Commercial vendor permits shall be issued to
the first qualified applicants. If a vendor permit is not in
use for a period of two consecutive weeks for quarterly
permits, the permit shall be forfeited upon written
notification to the permittee and may be reissued to the
next qualified applicant. If an applicant has violated any
of the provisions of this chapter in the past, that may be
considered to be a basis upon which to deny granting of the
permit to the applicant.
B. The number of vendor
permits issued for parks shall be limited as follows:
1. Riverside Park: ten permits.
2. Simpson Park: eight permits.
3. Cottage Avenue Park: four permits.
4. Water Park: no permits.
6. River Street Park: no permits
7. Railroad Park: three permits
C.
At the discretion of the Public Works Director the
number of permits allowed may be extended to accommodate
community event sponsored vendors.
5.40.050 Business to
be conducted from booth.
All
business shall be conducted from a booth, which has been
approved by the city of Cashmere. The booth shall meet all
applicable rules, codes and regulations. The vendor permit
shall be prominently displayed at the booth. No signs shall
be permitted except affixed to the booth.
5.40.060 Bond
required.
The
applicant shall hold the city of Cashmere harmless, defend
and indemnify the city of Cashmere for all damage or loss
and from all liability arising from the acts or failures to
act on behalf of the applicant, or applicants employees,
agents or volunteers. The applicant shall have liability
insurance in effect during the permit term in the minimum
amount of $1,000,000 naming the city of Cashmere as an
additional insured, and shall provide the city with a
certificate of insurance and shall provide that the
insurance company shall not terminate the insurance for any
reason without first giving the city of Cashmere 10 days’
prior written notice of its intent to terminate the
insurance.
A.
Event permit applicants with multiple vendors shall be
responsible for an insurance certificate covering all
participating vendors if the multiple vendor event permit
option is chosen. |