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HomeMy WebLinkAbout04/21/2026 09.F. Ordinance amend YMC Title 5, Title 6, Title 8, Title 11_regulatory licenses S 'V i'ii i/ l i t,'^gin.;k NT1V 1a c= BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9.F. For Meeting of: April 21, 2026 ITEM TITLE: Ordinance amending Yakima Municipal Code Title 5 Licenses and Business Regulations, Title 6 Public Safety and Morals, Title 8 Streets and Sidewalks, and Title 11 Buildings as it relates to regulatory licenses SUBMITTED BY: Bill Preston, Community Development Director *Julia Rosales, Supervising Code Inspector SUMMARY EXPLANATION: Staff identified several regulatory licenses that are not necessary and thus the licensing requirement should be removed. This information was presented to Council on February 10, 2026 and March 17, 2026. Staff also corrected certain licensing to indicate the fee for that license is listed in the Master Fee Schedule. The attached ordinance reflects the changes listed below as well as some housekeeping amendments. Changes YMC 5.12, Amusement Devices - eliminates regulations and licensing requirements YMC 5.54, Pawnbrokers - eliminates licensing requirements YMC 5.64, Secondhand Dealers - eliminates licensing requirements YMC 5.79, Transportation Network Company (TNC) - eliminates section on ride share companies (regulated by state) YMC 5.80, Sidewalk Cafe - removes fee that was inadvertently left in the code; already in Master Fee Schedule YMC 8.52.070, Curb Number Painting - eliminates regulations and licensing requirements YMC 11.44.050, Side Sewer Installer- eliminates special licensing requirement Additional discussion on licensing took place at the Council meeting on April 14, 2026, resulting in Council directing staff to hold off on implementing new fees for regulatory licenses processed that are currently not charged for, and for fee increases, until a more in-depth review is brought back to Council on the remaining regulatory license categories. This information will be brought back to Council at a later date. ITEM BUDGETED: N/A STRATEGIC PRIORITY 24-25: A Resilient Yakima RECOMMENDATION: Pass Ordinance. ATTACHMENTS: 119 ORDINANCE - Title 5, 6, 8 & 11 - Regulatory Licenses.docx Track Changes_YMC 5.12 Amusement Devices - ELIMINATE.pdf Track Changes_YMC 5.54 Pawnbrokers.pdf Track Changes_YMC 5.64 Secondhand Dealers.pdf Track Changes_YMC 5.79 TNCs - ELIMINATE.pdf Track Changes_YMC 5.80.020 Sidewalk Cafe & Street Beaut.pdf Track Changes_YMC 8.52.070 Curb Number Painting - ELIMINATE.pdf Track Changes_YMC 11.44.050 Side Sewer Installer.pdf 120 ORDINANCE NO. 2026- AN ORDINANCE amending the City of Yakima Municipal Code Title 5 Licenses and Business Regulations, Title 6 Public Safety and Morals, Title 8 Streets and Sidewalks, and Title 11 Buildings as it relates to regulatory licenses WHEREAS, the Community Development Department, after budget discussions in 2025, did a review of its fees and its licensing processes; and WHEREAS, staff presented proposed fee changes for permitting and licensing to City Council on February 10, 2026, March 17, 2026, and April 14, 2026; and WHEREAS, staff determined that there are some regulatory licenses that are not necessary and the license requirement should be removed, including amusement devices, pawnbrokers, secondhand dealers, and journeyman side sewer installers; and WHEREAS, the regulatory license requirement for transportation network companies should be repealed due to Washinton State expressly preempting the field of regulating transportation network companies. In 2022, then-Governor Jay Inslee signed into law Engrossed Substitute House Bill 2076 to establish comprehensive state-wide regulations for transportation network companies and drivers operating in Washington; and WHEREAS, Council provided direction to staff at the meeting on April 14, 2026, to bring back a more in-depth review of the current regulatory licenses prior to entertaining a change to the fee amounts; and WHEREAS, housekeeping amendments to various sections of these titles are also hereby proposed; and WHEREAS, it is within the police powers of the City of Yakima to enact these changes, and the City Council finds it is in the best interests of the City and its residents to amend the Yakima Municipal Code associated with regulatory licenses; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 5.12 Billiard and Pool Halls —Amusement Devices of the Yakima Municipal Code is hereby repealed. Section 2. Section 5.54.020: License required—Application—Bond—Fee—Transfer under Chapter 5.54, Pawnbrokers, is hereby repealed. Section 3. Section 5.54.030: Term—Revocation under Chapter 5.54 Pawnbrokers is hereby repealed. Section 4. Section 5.64.020: Junk handling under Chapter 5.64 Secondhand Dealers, is hereby amended to read as follows: 5.64.020 Junk handling. 121 Any secondhand dealer as hereinabove defined may handle such junk as defined by Section 5.42.010 as may be acquired as an incident to the conduct of said business. Section 5. Section 5.64.030: License required—Application—Fee under Chapter 5.64 Secondhand Dealers, is hereby repealed. Section 6. Section 5.64.040: Term—Revocation—Hearing under Chapter 5.64 Secondhand Dealers, is hereby repealed. Section 7. Chapter 5.79 Transportation Network Company of the Yakima Municipal Code is hereby repealed. Section 8. Section 5.80.020: Permit—Application—Fee under Chapter 5.80 Sidewalk Cafes and Street Beautification Projects, is hereby amended to read as follows: 5.80.020 Permit—Application—Fee. I.A. The owner or occupier of the property adjacent to a public sidewalk proposed for a sidewalk cafe may apply, in writing, for a sidewalk cafe permit to the code administration manager or his designee. Such person shall provide the following information on an application furnished by the code administration manager or his/her designee: 1. Name and address of applicant; 2. Scale drawing together with the address of proposed site of sidewalk cafe, including the number of tables and chairs; 3. Kind of business applicant operates on the adjacent property; 4. Schedule of days and hours of operation; 5. Proof of necessary permits in the operation of a food service establishment; 6. Whether an applicant plans to serve liquor within the proposed sidewalk cafe. B. At the time of application, the applicant shall pay a nonrefundable permit fee as set forth in the city of Yakima master fee schedule adopted via resolution by the city council. II.A. The application for any street beautification permit may be made by any person, association, property owner, trade bureau, or other group of persons desiring to beautify a portion or segment of the city. The beautification endeavor may be sponsored by a group or association and may be on a group basis, area basis or district basis, but nothing contained hereby shall prohibit individual property owners from beautifying only that segment of the street right-of-way abutting their individual properties; provided the applicant receives written approval from abutting property owners of applicant's intention to undertake the project prior to the time application is made. The applicant shall provide the following information on an application furnished by the code administration manager or his designee: 1. Names and addresses of any and all persons, firms or corporations participating in the street beautification project; 2. Scale drawings and specifications showing the construction, location, size, materials of construction, height if any above the street, sidewalk, alley or other public way, proposed plants or vegetation in the event of trees or shrubs are to be utilized, and all other details concerning the proposed improvements; 3. The extent or area of the district or section of the streets or sidewalks encompassed within the beautification project, together with the location of trees, shrubs, structures or containers in the district or area. B. Any street beautification permit issued pursuant to this chapter shall be subject to the following regulations, in addition to any specially recommended by the city after studying the plans submitted in the application: 122 1. Non-portable plantings or other beautification improvements of a permanent nature shall be reviewed and approved by the district's business association, if any, prior to making application. 2. The beautification project shall not contain any advertising material or signs. C. There shall be no fee associated with the street beautification permit. Section 9. Section 8.52.070: Curb number painting under Chapter 8.52 Numbering of Lots and Residences, is hereby repealed. Section 10. Section 11.44.050 of the Yakima Municipal Code is hereby amended to read as follows: 11.44.050 Qualifications of plumbers. (1) It is unlawful for any person, firm or corporation to engage in the business of installing or contracting to install, repair or alter plumbing or side sewers without first obtaining and being the authorized holder of a current certificate of registration issued by the Washington Department of Labor and Industries pursuant to the provisions of Title 18 of the Revised Code of Washington. (2) It is unlawful for any person to engage in the business or trade of plumbing as a journeyman without first having a current certificate of competency issued by the Washington Department of Labor and Industries pursuant to the provisions of Title 18 of the Revised Code of Washington. A journeyman plumber's license permits the holder to work on all types of plumbing including side sewers, only while in the employ of a properly licensed plumbing contractor. Section 11. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 12. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 21st day of April, 2026. ATTEST: Matt Brown, Mayor Rosalinda Ibarra, CMC, City Clerk Publication Date: Effective Date: 123 Chapter 5.12 BILLIARD RAID POO HA i S— M ISEMENT DEVICES Sections: 5.12.010 Definitions. 5.12.020 Licenses. 5. 030 Information required on license 12 040 Prohibiter) refunds 5.1 050 Prohibition against using license of another er assignment 12 060 Confiscation and padlocking of machines 5.12.070 Minors. 124180 Operation of iukeboxec 5.12.090 Revocation of licenses Procedures. 5.12.100 Severability. I5r'12.01n Defini*inns. For the purposes of this chapter, the following terms shall have the following meanings: 1. a use+ ent device" meanns a coin-^opera ted machino device or pparati is n ihich is mechanically, electrically or hand operated and which is designed and used for thc purpose of playing a game of skill or chance by one or more players solely for thc purpose of amusement and/or entertainment of the player or players. In addition, thc term includes"jukeboxes," as defined in subsection 6 of this section. Without limiting the generality of the foregoing, the term includes flipper games, foosball games, electro dart games,video games, coin operated shuffleboards, and bowling games.The term does not merchandise nor does it include gambling devices or peepshows or panorams, a;thc terms are defined in this section. Further, the term does not include billiard tables or pool tables. 2. "Amusement device operator" means any person who owns amusement devices which are installed, maintained or operated at the place of business of another, regardless of whether the devices are leased, rented or placed at the location of another on a sharing of proceeds basis. 3. "A year" or"annual" means the twelve month period from July 1st to June 30th. /1. "Business operator" means a person who owns or operates the business where amusement devices, billiard tables or pool tables are installed, maintained or operated. 5. "Gambling device" meansacoi pe ted chino device or apparatus which is mechanically, electrically or hand operated for use by one or more players for thc 124 purpose of being awarded money, objects of value or free games if, with reference to the free games, the device contains a mechanism for varying the chance or odds of winning depending upon the number of coins or tokens inserted or deposited. b. "Jukebox" shall have the usual and ordinary meaning including any machine, device or apparatus designed to be operated so as to produce or play music by the insertion or deposit of a coin, token or other thing of value. . "Loc-atio,,'-mrean Asaness premises ofth saness ope, for the business operator operates businesses at different locations, each location shall constitute a location for the purpose of this chapter. 8. "Peepshows or panorams" means any mechanical device which upon insertion of a coin or by other means, exhibits or displays a picture or view on film. Q "Person" means any nati iral person firm partnership corporation association tri ist �• r r r r r or any other form of legal entity (Ord 863 S 2 (partl 1 QQ5I 5.12.020 Licenses. , maintain or operate in any business establishment or for the purposes of profit within the city of Yakima any amusement device, pool table or billiard table without first obtaining from thc city the applicable license and paying to the city of Yakima the appropriate license fee as addition to the business license issued under Chapter 5.52 YMC, which may also be required when applicable. B. Business Operator's License Fee. Each business operator who installs, maintains or location shall pay an annual license fee as listed in the city of Yakima master fee schedule the city with all appropriate information as may be required, including a description and serial number of each amusement device being licensed. The annual license fee for each billiard table or pool table shall be listed in the city of Yakima master fee schedule adopted by city council via resolution, payable annually in advance to thc city at the time application is made for such license. C. Location Licenses for Amusement Device Operators. Each amusement device operator shall, before doing business within the city limits of the city of Yakima, obtain a license from thc fee schedule adopted by city council via resolution. The amusement device operator shall 125 furnish the city with all information as may be required including, but not limited to, a list of locations where the amusement operator has installed, maintains, or operates amusement 0/10 § 7, 2022; Ord. 2020 006 § 3, 2020: Ord. 31/13 § 11, 1988: Ord. 3002 § 11, 1987: Ord. 2926 § 11, 1985: Ord. 2863 § 2 (part), 1985). I5=�17=A3A Information required on licence= The code administration manager or his designee shall prescribe the form of all licenses provided herein and each license of a business operator where amusement devices, pool tables or billiard tables are located shall indicate thereon the serial number of each amusement device, pool table or billiard table, the make of the same and any and all other information which may be necessary to identify the same and shall also indicate thereon the location at which said device shall be displayed for use by the public. No such device or table owned by a business operator shall be removed from the location shown on the license issued therefor without the business operator notifying the code administration manager or his designee. The amusement device operator's master license shall be issued to the licensee and displayed at the amusement device operator's place of business; provided, the code administration manager or his designee may issue location licenses to amusement device operators to be displayed at the location where amusement devices owned by the amusement device operator are located. (Ord. 2863 § 2 (part), 1985). I5='12.AAA Prohibiter) refunrlc= No surrender, revocation or other cancellation, irrespective of the cause therefor, of any license issued under this chapter shall entitle the holder thereof to any refund of any license fee paid hereunder or any part thereof (Ord 286.3 § 2 (part) 1985I � '1'� A5A Prohibition gainst usinrT licence of another nr assignment, No person shall maintain, install, or operate any amusement device, pool table or billiard table issued under this chapter from one place to another (Ord. 2863 § 2 (part), 1985). I5=�17=A6A Confiscation and padlockinrr of machinec= Any amusement device, pool table or billiard table operated in violation of this chapter may be confiscated by the city and may be padlocked or otherwise rendered unplayable as the code amusement device or making such amusement device playable without written permission of the code administration manager shall be guilty of a misdemeanor. (Ord. 2863 § 2 (part), 1985). 126 I5.'12.070 Minors. or poolroom to admit thereto or to allow to remain therein any person under the age of twenty one years where such billiard room or poolroom is operated in connection with any place where beer, wine or intoxicating liquor is sold, or where there is a common entrance to such billiard room or pool room and to any place where beer, wine or intoxicating liquor is sold, or where there is any connecting door or window between such billiard room or poolroom and any place where beer, wine or intoxicating liquor is sold. (Ord. 2863 (part), 1985). 5.12.080 Operation of jukeboxes. Jukeboxes at locations licensed under this chapter, shall at all times be so operated. supervised and controlled so as not to constitute a nuisance and so as not to unduly annoy and disturb others. (Ord. 2863 § 2 (part), 1985). I 5.12.090 Revocation of licenses—Procedures. Any license issued under this chapter may be revoked by the code administration manager for fraud or misrepresentation in making application for such license, or for failure to comply with any provisions of this chapter.The holder of any license revoked by the code administration manager. shall have the right of appeal to the city council from such revocation by filing a notice of appeal with the city council within ten days after such notice of revocation is mailed by registered mail to the last known address of the licensee by the code administration manager. The hearing on the appeal shall be held before the city council or a committee thereof as directed by the city council. At the hearing, the holder of the license shall be entitled to be heard in person, to produce witnesses and to be represented by counsel. The action of the city council on the question shall be final and conclusive. (Ord. 2863 (part), 1985). If any section, part of a section, clause or sentence of this chapter shall be held unconstitutional or invalid, such decision shall not affect the validity of the remaining provisions of this chapter. 127 I 5.54.020 License required—Application—Bond—Fee—Transfer. No person shall engage in the business of a pawnbroker in the city of Yakima without first procuring a license therefor, and in order to procure a license he or she shall present to the city an application which shall contain the name of the applicant, the place where he or she proposes to conduct his or her business,the name under which the same shall be conducted, required to administer the provisions of this chapter. If such application is approved the city shall issue a license to the applicant upon his or her executing and delivering to the city of Yakima a bond to be approved by the city attorney in the sum of one thousand dollars conditioned that he or she will conduct such business in compliance with all of the ordinances of the city of Yakima and the laws of the state of Washington.The annual license fee shall be set forth in the city of Yakima master fee schedule adopted by city council via resolution. Said license shall not be assignable or transferable. The license and fee required under this chapter are separate from and in addition to the business license required under Chapter 5.52 YMC, which may also be required when applicable. V .54.030 Term—Dev ocation. license shall be revoked, the licensee shall close his place of business and cease within thirty days from the date of such revocation. 128 5.64.020 Junk handling. Any secondhand dealer as hereinabove defined may handle such junk as defined by Section 5.42.010 as may be acquired as an incident to the conduct of said business_without 5.64.030 License required Application—Fee. No person shall engage in the business of a secondhand dealer in the city of Yakima without first procuring a license therefor, and in order to procure a license he or she shall present to the city an application which shall contain the name of the applicant, the place where he or she proposes to conduct business, the name under which the same shall be conducted; if a copartnership, the names of the members of the firm; if a corporation, the names of its officers; required to administer the provisions of this chapter. If such application is approved, the city shall issue a license to the applicant upon his or her paying a license fee set forth in the city of Yakima master fee schedule adopted via resolution by the city council. Said license shall not bc and in addition to the business license required under Chapter 5.52 YMC, which may also bc required when applicable. I5.6A.040 Term—Revocation—Hearinrr (B) Any such license may be revoked by the city manager on any of the following grounds: (1) The failure of licensee to comply with any requirement of this chapter; (2) The conviction of licensee of the crime of larceny; or (3) The conviction of licensee of the crime of receiving or being in possession of stolen property. (C) Hearing.A hearing shall be conducted by the city manager before any such license may be revoked. Not less than five days prior to the hearing, the city manager shall give written notice to licensee of the time and place of such hearing, which notice shall include a statement of the purpose of hearing and shall notify the licensee of his right to be present and be heard at such hearing. After the hearing is held, the city manager shall determine whether grounds exist for in writing, of the city manager's findings and decision. In the event a license is to be revoked as a result of such haring, the notice to licensee shall specify the effective date of such revocation. 129 Chapter 5.79 TRANSPORTATION NET NO-RK COMPANY Sections: 5.79.010 License required. 5.79.020 Definitions. 5.79.030 TNC license required. 5,7 All TNC driver requirements 5.79.050 TNC requirements. 5 79 0 Vehicle inspection and maintenance T rcr�rcr��rrv�a cc arvrrwrraTrtaTrrocr�urrcc 5.79.080 Registered agent requirement. 5.79.090( Audit..79 5 . Opeerrationnal require1me is 5 7� 110 Revocation suspension or denial of TNC license T.rrr�q'�.�vcw crvrrva via cry vrvrrvracr��wrvrrrr��rccr�vc 5.79.120 TNC driver reporting requirements. 5.79.130 Enforcement. 5.79.150 Severability. I 5.79.010 License required. and valid Yakima business license issued pursuant to Chapter 5.52 YMC. R It is a violation of this chanter for any TNC driver who is an independent contractor affiliated with a TNC, to operate in the city of Yakima without a current and valid Yakima business license issued pursuant to Chapter 5.52 YMC. C. The business license requirements of this section are separate from other licensing requirements stated in other sections of this chapter. (Ord. 2020-006 § 30, 2020: Ord. 2016 020 § 1 (part), 2016). I5.79.020 Definitions. A. "Transportation network company" or"TNC" means an entity that uses a digital network to connect passengers to TNC drivers who use personal vehicles to transport passengers for compensation between geographical points chosen by the passenger. passengers with TNC drivers. 130 C. "TNC driver" means an individual who uses a personal vehicle to provide transportation services arranged through a TNC's digital network. D. "TNC vehicle" means a personal vehicle used by a TNC driver to provide transportation services arranged through a TNC's digital network. E. "Operate a TNC in the city of Yakima" means a TNC uses its digital network to connect a TNC driver to a p ssenger fora trip originating in the city of Yakima a over a TNC's digital network that originates in the city ofYakim� G. "Person" means any natural person of either sex, firms, corporations, partnerships and include the plural and the masculine pronoun shall include the feminine and neuter. H. "Administration" means the office of code administration for the city of Yakima. (Ord. 2016 020 § 1 (part), 2016). I 5.79.030 TNC license required. and valid city of Yakima TNC license. B. Administration may issue a TNC license; provided, that the TNC applicant submits an affidavit sworn under penalty of perjury, on a form provided by administration, that to the best r operational requirements. C. The TNC license shall be effective for one year. D. The annual TNC license fee shall be set forth in the city of Yakima master fee schedule and renewal applications. (Ord. 2022 0N10 § 211, 2022; Ord. 2016 020 § 1 (part), 2016). I5.79.040 TNC driver requirements. A. TNC drivers shall certify under the penalty of perjury that they have no known physical or the public. B. TNC drivers shall be at least twenty one years of age. 131 C. TNC drivers shall possess a valid Washington State driver's license and shall have been one year immediately prior to operating as a TNC driver in Yakima. A home state driver's license with active military ID or student ID with proof of full time enrollment and nonresident status may be an acceptable alternative, subject to review and approval. D. TNC drivers shall not have been convicted or found to have committed either: 1) any one infraction for negligent driving or 2)three or more moving violations during any twelve month period during the three years prior to operating as a TNC driver in Yakima. E. TNC drivers shall possess proof of motor vehicle registration and proof of current in state automobile liability insurance. The TNC shall certify that it maintains insurance coverage for use of the vehicle for transportation of passengers for hire as required by RCW /18.177.010 as enacted or subsequently amended. (Ord. 2016 025 § 1, 2016: Ord. 2016 020 § 1 (part), 2016). I 5.79.050 TNC requirements. accessing its digital network to provide TNC services in the city of Yakima. Said records shall motor vehicle registration,vehicle safety inspection records, and proof of at least the minimum automobile liability insurance coverage required by the state of Washington, including insurance for use of the vehicle for transportation of passengers for hire as required by RCW 118.177.010 as enacted or subsequently amended. B. Prior to permitting a person to act as a TNC driver on its digital network, and annually thereafter, the TNC shall conduct or have a third party conduct criminal background check report for such person.The criminal background check shall include a search of no less than seven years of database history, unless prohibited by law, in which case the duration of the search shall be the maximum number of years permitted by law.The criminal background check shall include multi state/multi jurisdiction criminal records locator or other similar commercial nationwide database with validation and the U.S. Department of Justice National Sex Offender Public Website. The TNC shall not permit a person to act as a TNC driver on its digital network who is a match in the U.S. Department of Justice National Sex Offender Public Website, is considered a habitual traffic offender under RCW /16.65, or who has a criminal conviction, within the past seven years, of any violent offense defined by RCW 9.9'1A.030(55), driving related crime within RCW/16.61.500 through 116.61.5110. The TNC or its agents shall this section, the term "criminal conviction" includes a "conviction or other disposition adverse to the s bject" s defined i ender D!"W 10 97 030 and hail forfeits irec rn� �auJc cc���cnrrca�rrcrc�Tccv�--r�T�av, cr�znz_r. 132 C. Subsection B of this section shall apply regarding a conviction of any offense committed in another jurisdiction that includes all of the elements of any of the offenses described or defined in that subsection. D. The TNC shall only permit an individual to act as a TNC driver on its digital network if it finds that the standards set forth in this section and YMC 5.79.0/10 are met by such individual. The TNC shall revoke a driver's authority to act as a TNC driver on its digital network if the standards set forth in this section and YMC 5.79.0/10 are not met. (Ord. 2016 025 § 2, 2016: Ord. 2016 020 § 1 (part), 2016). 5.79.060 Vehicle inspection and maintenance. A. TNC vehicles operating in the city of Yakima shall be no more than ten years old. B. The TNC shall inspect or cause to be inspected annually and every year thereafter, every motor vehicle used by a TNC driver before allowing the driver to use the motor vehicle to provide transportation services. Such inspection shall be performed by an ASE certified mechanic. inspection of the foot and emergency brakes, steering, windshield, rear window, other glass, windshield wipers, headlights, tail lights, turn indicator lights, braking lights, front seat adjustment mechanism, doors, horn, speedometer, bumpers, steering system, muffler, components listed are in proper functioning order. (Ord. 2016 020 § 1 (part), 2016). I5.79.070 Insurance requirements. (Ord. 2016 025 § 3, 2016: Ord. 2016 020 § 1 (part), 2016). I 5.79.080 Registered agent requirement. The TNC shall maintain a registered agent for service of process in the state of Washington. The name, telephone number, and physical address of the registered agent shall be submitted to the city of Yakima at the time of license application. The TNC shall notify the city of Yakima in writing of any changes to its registered agent during the term of the license. (Ord. 2016 020 § 1 (part), 2016). 133 I 5.79.090 Audit. A. No more than once per license year, administration may audit the TNC's records to review compliance with this chapter. Each audit shall be limited to all relevant records required by this chapter relating to no more than twenty randomly selected TNC drivers operating in the city of reserves the right to audit other records related to the specific investigation. Any record furnished may exclude information that would tend to identify specific drivers or riders beyond their first and last names. B. T 1e 'c- 'audit sh'lull occur 'ct CitH aI � Iort l Seconrcd Stre1et,Yakirv,�r ,,-fir A 98901; n�--provided, that the city may in its discretion agree to an alternative location. C. Notwithstanding the foregoing, the city may require the TNC to produce records directly compliance with this chapter. (Ord. 2016 025 § '1, 2016: Ord. 2016 020 § 1 (part), 2016). I5.79.100 Operational requirements. A. TNC drivers shall accept only rides arranged through a TNC's digital network and shall not solicit or accent street hails B. The TNC's application or website shall display for the passenger the first name and vehicle. C. The TNC's application or website shall display for the passenger the applicable rates being charged or fare to be paid and the option to receive an estimated fare before the passenger enters the TNC vehicle to any TNC driver on its digital network. The TNC shall provide notice of the zero tolerance soon as possible upon receipt of a passenger complaint alleging a violation of the zero tolerance policy. The suspension shall last the duration of the investigation. E. A TNC driver shall not operate as a TNC driver in the city of Yakima unless his or her TNC in a sanitary and safe condition for the transportation of passengers. 134 F. No TNC driver shall allow any nonpaying passenger, except nonpaying passengers accompanied by an adult paying passenger, to ride in a TNC vehicle occupied by any paying passenger, nor shall the driver pick up any additional passengers in a TNC vehicle occupied by a paying passenger without the express consent of the paying passengers. G. No TNC driver shall allow any third party to operate his or her TNC vehicle while the TNC drover is logged into the network of his or her affiliated TN H. No TNC driver shall discriminate against passengers or potential passengers on the basis of orientation, marital status, gender identity, familial status or honorably discharged veteran or military service. (Ord. 2016 025 § 5, 2016: Ord. 2016 020 § 1 (part), 2016). I5.7Q.'110 Deyocatinn suspension nr denial of TNC license. reasons: 1. Failure to meet or maintain any of the requirements or qualifications set forth in this chapter for obtaining a TNC license. 2. A materially false statement contained in the application for the license. 3. Any violation of this chapter by the TNC. Any applicant who feels aggrieved by the revocation or suspension of a license by the city manager may appeal that revocation to the city council by serving on the Yakima city clerk a notice of such appeal within five business days of the date of the revocation from which the app al is taken, which notice shall be in writing and shall specify all the grounds relied upon by the appellant as reasons for the reissuance of the license which was revoked or suspended. thereon by the city council, after which hearing the city council shall make a final determination on the matter. The city council may add conditions if the final determination is to reissue the license. R 4 TNC license magi be denied for an y of the following re sons• 1. Failure to meet or maintain any of the requirements or qualifications set forth in this chapter for obtaining a TNC license. 2. A materially false statement contained in the application for the license. 3. Any violation of this chapter of obligations by the TNC. 135 /1. Any failure to provide requested information to evaluate a license or failure to provide documents pursuant to the audit provisions of this chapter. Any applicant who feels aggrieved by the denial of a license by the administration may appeal that denial to the city council by serving on the Yakima city clerk a notice of such appeal within five business days of the date of the denial from which the appeal is taken, which notice shall issuance of the license which was denied. After the timely filing of such a notice, the city clerk council shall make a final determination on the matter. The city council may add conditions if the final determination is to issue the license. C. Any decision of the city council made under subsection A or B of this section may be app aled to the Yakima County superior court within twenty calendar days of the city council's final decision. (Ord. 2016 025 § 6, 2016: Ord. 2016 020 § 1 (part), 2016). I 5.79.120 TNC driver reporting requirements. of any of the following: TNC vehicle. B. Any arrest, charge or conviction of any offense listed in YMC 5.79.050. C. Any vehicle accident required to be reported to the state of Washington that occurs while the TNC driver is operating as a TNC driver in the city of Yakima. D. Any restriction, suspension or revocation of the TNC driver's license to drive, insurance, or registration of the vehicle. E. Any changes in health or medical condition of the TNC driver that might cause the TNC driver to be unfit for the safe operation of any TNC vehicle. (Ord. 2016 025 § 7, 2016: Ord. 2016 020 § 1 (part), 2016). I 5.79.130 Enforcement. Administration shall have the administrative authority to implement and enforce this chapter. Administration may adopt rules and regulations for its administration, not inconsistent with this chapter. This provision shall not be construed to abrogate or limit the jurisdiction of the Yakima police department to enforce any provisions of this chapter or of any other state law or city 136 ordinance relating to motor vehicles or the operation of taxicabs or TNC vehicles. (Ord. 2016 020 § 1 (part), 2016). i 5.79.150 Severability. reason held to be unconstitutional or void, then such decision shall not affect the validity of the remaining portions of this chapter. 137 5.80.020 Permit—Application—Fee. I.A. The owner or occupier of the property adjacent to a public sidewalk proposed for a sidewalk cafe may apply, in writing, for a sidewalk cafe permit to the code administration manager or his designee. Such person shall provide the following information on an application furnished by the code administration manager or his/her designee: 1. Name and address of applicant; 2. Scale drawing together with the address of proposed site of sidewalk cafe, including the number of tables and chairs; 3. Kind of business applicant operates on the adjacent property; 4. Schedule of days and hours of operation; 5. Proof of necessary permits in the operation of a food service establishment; 6. Whether an applicant plans to serve liquor within the proposed sidewalk cafe. B. At the time of application,the applicant shall pay a nonrefundable fifty dollar permit fee as set forth in the city of Yakima master fee schedule adopted via resolution by the city council. II.A. The application for any street beautification permit may be made by any person, association, property owner, trade bureau, or other group of persons desiring to beautify a portion or segment of the city. The beautification endeavor may be sponsored by a group or association and may be on a group basis, area basis or district basis, but nothing contained hereby shall prohibit individual property owners from beautifying only that segment of the street right-of-way abutting their individual properties; provided the applicant receives written approval from abutting property owners of applicant's intention to undertake the project prior to the time application is made. The applicant shall provide the following information on an application furnished by the code administration manager or his designee: 1. Names and addresses of any and all persons, firms or corporations participating in the street beautification project; 2. Scale drawings and specifications showing the construction, location, size, materials of construction, height if any above the street, sidewalk, alley or other public way, proposed plants or vegetation in the event of trees or shrubs are to be utilized, and all other details concerning the proposed improvements; 138 3. The extent or area of the district or section of the streets or sidewalks encompassed within the beautification project, together with the location of trees, shrubs, structures or containers in the district or area. B. Any street beautification permit issued pursuant to this chapter shall be subject to the following regulations, in addition to any specially recommended by the city after studying the plans submitted in the application: 1. Non-portable plantings or other beautification improvements of a permanent nature shall be reviewed and approved by the district's business association, if any, prior to making application. 2. The beautification project shall not contain any advertising material or signs. C. There shall be no fee associated with the street beautification permit. 139 house numbers on a curb without obtaining a valid permit to do so under the terms of this section. B. The code administration manager shall issue a permit without charge, to any person who desires to engage in the business of painting a lot, business block or house numbers on curbs and who fills out an application.The application shall contain thc permit shall be valid for six months from the date of issuance. C. Regulations. (1) All curb numbering shall conform to the numbering scheme adopted in this chapter. (2) All curb numbering shall be three inches tall, in block letter form and stenciled. Numbers shall be painted in black on a white rectangular pre painted background. (3) Paint shall be applied only by brush or roller. Spray painting is prohibited. ('1) Paint shall be applied only during daylight hours. removal, street cleaning and repairs. (6) The code administration manager may make such additional rules and regulations which are necessary to carry out the purpose of this chapter. D. The code administration manager may, upon written notice to the permittee, revoke any permit granted under this section for violation of a provision of this chapter. The permittees city manager within five days of receipt of the revocation.After written notice to the appellant, the city manager or his designee shall hold an informal h wring to determine whether thc permit should be reinstated or revoked. 140 I 11.44.050 Qualification of plumbers. A. Side Sewer Installer's License Required. (1) It is unlawful for any person,firm or corporation to engage in the business of installing or A (Formatted:Indent:Left: 0" contracting to install,repair or alter plumbing or side sewers without first obtaining and being the authorized holder of a current certificate of registration issued by the Washington Department of Labor and Industries pursuant to the provisions of Title 18 of the Revised Code of Washington. (2) It is unlawful for any person to engage in the business or trade of plumbing as a journeyman without first having a current certificate of competency issued by the Washington Department of Labor and Industries pursuant to the provisions of Title 18 of the Revised Code of Washington.Ajourneyman plumber's license permits the holder to work on all types of plumbing including side sewers,only while in the employ of a properly licensed plumbing contractor. (3) It is unlawful for any person to labor at the trade of side sewer installer in the capacity of journeyman installer without first having obtained and being the authorized holder of a valid and subsistingjourneyman sewer installer's license. Ajourneyman sewer installer's license permits the holder to perform only such work as is provided for herein in the construction and installation of side sewers and such work shall not include any work within the interior of any building line. B. License Procurement and Fees. (1) All contractors'licenses required by this chapter shall be obtained from the Washington Department of Labor and Industries,Professional Licensing Division,and hall be maintained in accordance with Title 18 of the Revised Code of Washington. (2) All journeyman plumbers'certificates of competency required by this chapter shall be obtained from the Washington Department of Labor and Industries,Building and Construction Safety Inspection Division,and shall be maintained in accordance with Title 18 of the Revised Code of Washington. (3) All journeyman side sewer installers'licenses required by this chapter shall be obtained from the code administration rr r hice des ent_tion of certificate of qualification issued and approved by the division of code administration. License fees shall be paid to the city of Yakima at the time of issuance in accordance with the rates set forth in the city of Yakima master fee schedule adopted via resolution by the city council. 141 Licenses expire on December 31 st of each year. 142