Cashmere Municipal Code
Title 5
 

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Repealed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Repealed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Repealed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. 

 
 
Designed in FrontPage 2002. Contact the Webmaster
Copyright © 2001 [Clear Focus, Inc.] All rights reserved.
Revised: Wednesday, April 18, 2007.