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HomeMy WebLinkAboutBuDu applicationKITTITAS COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA STAFF REPORT AGENDA DATE: May 17, 2016 ACTION REQUESTED: Request to Approve a Special Event Application for the - 2016 Ellensburg Olympic and Sprint Triathlon, including the Carey Lakes 10K and SK Runs, (July 23, 2016). BACKGROUND: The Commissioners office received a Special Event Application to hold 2016 Ellensburg Olympic and Sprint Triathlon, including the Carey Lakes 10K and SK Runs, (July 23, 2016). INTERACTION: The applicant is requesting a waiver to the following: Kittitas County Code Chapter 5.20.100 -Penal Bond - Bond of Indemnity -The applicant has provided proof of insurance and believes that it should be adequate coverage, since their event has proven to have no effect on the roads in the past. The applicant will also need a waiver to Kittitas County Code Chapter 5.20.160 -Closing Hours since their events are scheduled to begin setting up at 6:00 a.m. and according to the County Code, events shall not be open to the public before the hour of 7: 00 a.m. The permit fee has been paid and Staff has routed the application and received a recommendation of approval from the following departments: Sheriff, Public Health, Solid Waste, Public Works, Prosecutor & Fire Marshal. Public Health (Holly Myers) stated the following: "If the information stated in the application by the organization for the "Ellensburg Triathlons" event is true, accurate, and there is stewardship in following through with such statements then the applicant, Deanna Muller, has at this time met all the requirements of the Kittitas County Public Health Department including: -Food Safety and Service - a temporary food service permit must be applied and approved 2 weeks prior to the event. -Bathroom Facilities -use of facilities on site and additional portable toilets as listed on the application. At this time I do not foresee any issue arising that would otherwise cause or prevent the applicant from meeting Kittitas County Public Health requirements." Public Works (Ryan Berge) stated the following: "I have reviewed all of the information regarding the Ellensburg Triathlon and Carey Lake Runs which is scheduled for July 23rd 2016 from 6:00am-1:00 p.m. I do not foresee any problems that could arise on our part. However it may be a good idea to place some high visible signs along Umptanum and Manastash road to warn the traveling public of the contestants that will be sharing the road with that day. I only say this because of the high traffic flow and excessive speeds on these roads". He recommended approving the events based on the following criteria: Local Advertisement in the Daily Record/radio/physical posting two weeks in advance to inform the traveling public of the upcoming event in order to give them the choice to plan a different route during this time period. RECOMMENDATION: Approve the Special Event Application to hold 2016 Ellensburg Olympic and Sprint Triathlon, including the Carey Lakes 10K and 5K Runs, (July 23, 2016) and grant their request for a waiver to Kittitas County Code Chapters 5.20.100 Penal Bond -Bond of Indemnity and Kittitas County Code Chapter 5.20.160 Closing Hours, noting the Applicant follows through with the Public Health and Public Works requirements. HANDLING: BOCC staff to send letter to applicant of the Board's decision & notice to County Departments. ATTACHMENTS: Special Event Applications Certificate of Liability Insurance Memos from County Departments with recommendations LEAD STAFF: Mandy Buchholz, Deputy Clerk of the Board Cash Receipts Receipt Number: ~ ~ , . ~ 6/---EL:rQ~" ;. ~ -.. -. --.,' --.; \. / .r ,_ • I L_ .. ____ l.l !..!.I.~ ... ~I..) __ _ 2016-2628 Kittitas County Office Of The Treasurer Brett Wachsmith, Treasurer 205 W 5th Avenue, Suire 102 Ellensburg, Wa 98926 Phone (509)962-7535 Fax(509) 933-8212 Date : Received From: MANDY BUCHHOLZ -DEPUTY CLERK OF THE BOARD-l'v Check Amount: Cash Amount: Other Amount: Total Amount: Deputy : TIFF ANYR Template : Comments: CSR 2016-2011 $200 .00 $0.00 $0.00 $200.00 Receipt Type: CHK 04118/2016 BUDU RACING SPECIAL EVENT APPLICATION (ELLENSBURG TRIATHLONS/CAREY LAKE 5L & 10K RUNS) FundCode 001 Total Amount: GlCode 1632171 (c) 2002 Cashtax All Rights Reserved Description SPECIAL EVENTS FEE Kittitas County Treasurer's Office Submitted By: TIFF ANY RAY $200.00 $200 .00 wvwv.balancedaction.com Mandy Buchholz From: Mandy Buchholz Sent: Monday, April 18, 2016 2:35 PM To: Laura Osiadacz; Obie OBrien; Paul Jewell; Clinton Van De Venter; Patti Johnson; Josh Hink; Ryan Berge; Mark Cook; Jim Van De Venter; Robin Read; Holly Myers; Gene Dana; Clayton Myers Cc: Julie Kjorsvik Subject: Attachments: Special Event Application from BuDu Racing -Review 0230_001.pdf Importance: High Good Afternoon, Our office received a Special Event Application from BuDu Racing for the "Ellensburg Triathlons" - Carey Lake 5K & 10K (with an Olympic distance course this year). I will be placing this request on the May 17,2016 Commissioner Agenda for the Board's consideration. Please submit your departments recommendation to me no later than May 9,2016 at noon. If there are still outstanding issues, please indicate those in writing as well. For specific questions regarding the event I would ask that you contact the applicant directly. Thank you and have a great afternoon! fdtHtCis GOIA.V\..ttj GOVVlVVlLssLoV\..ers offlce 205 west FLftltl street slA.Lte #1-0~ 5LLeV\..sblA.rg, WA3~32G 503-3G2-7-50~ 'F'ltloV\..e 503-3G2-7-G7-3 FClx. mandy.buchholz@co.kittitas.wa.us http://www.co.kittitas.wa.us/ YolA. CClV\..'t tCiLR. tj0lA.r WCltj OlA.t of sOVVletltlL~ tj01A. beltlClvect tj0lA.r WCltj LV\..to. YolA. ItlClve to beltlClve tj0lA.r WCltj OlA.t of Lt. -DOlA.g GOV\..ClV\..t -G50 of GClVVl-pbeLL SOIA.-P 'DO V\..Ot go wltlere title -PCltltl VVlCltj LeClct, go LV\..steCict wltlere tltlere Ls V\..O -PCltltl ClV\..ct LeCive CI trClLL.' ~L-pltl WClLcto 5VVlersoV\.. 1 :KITTIT.A..S COUNTY DEPARTMENT OF PUBLIC WORKS MEMORANDUM TO: Board of County Commissioners cc: FROM: Road Forman (Ryan Berge) DATE: 4/18/16 SUBJECT: Ellensburg Triathlons and Carey Lake Runs I have reviewed all of the information regarding the Ellensburg Triathlon and Carey Lake Runs which is scheduled for July 23rd 2016 from 6 :00am-1 :00 p.m . I do not foresee any problems that could arise on our part . However it may be a good idea to place some high visible signs along Umptanum and Manastash road to warn the traveling public of the contestants that will be sharing the road with that day. I only say this because of the high traffic flow and excessive speeds on these roads. I recommend approving this event based on the following criteria : 1) Local Advertisement in the Daily Record/radio/physical posting two weeks in advance to inform the traveling public of the upcoming event in order to give them the choice to plan a different route during this time period . Ryan Berge Road Forman Public Works 411 N. RubySt., Suite #1 Ellensburg, WA 98926 TEL (509) 962-7523 FAX (509) 962-7663 KITTITAS COUNTY FIRE MARSHAL'S OFFICE May 3,2016 Board of County Commissioners 205 W. 5th Street Ellensburg, WA 98926 Re: Ellensburg Triathlons To Whom It May Concern: 411 N . Ruby St., Suite 2 , Ellensburg, WA 98926 Office (509) 962-7657 Fax (509) 962-7682 In regard to the above mentioned project, I have the following comments: • An event permit is not required from the Fire Marshal's Office for this event. • After review of the event permit, I have found no life safety/fire code issues that need to be addressed by my department. The intent ofthe IFC is to provide a reasonable level of life safety and property protection from the hazards of fire, explosion or dangerous conditions. If you have further comments or questions, please do not hesitate to contact me at 509-962-7000. Sincerely, Josh Hink Interim Fire Marshal Prevention. Education. Investigation. Enforcement Version 2009.2 April 20, 2016 GENE DANA, SHERIFF KITTITAS COUNTY SHERIFF'S OFFICE 307 W. Umptanum Rd • Ellensburg, W A 98926 (509) 962-7525 • (509) 674-2584 FAX (509) 962-7599 Kittitas County Board of County Commissioners 205 West 5th Ave., Suite 108 Ellensburg, WA 98926 Re: Event Application -Ellensburg Triathlon & Carey Lake Runs Dear Board of County Commissioners, The Sheriff's Office recommends approval of the Ellensburg Triathlon & Carey Lake Runs on July 23, 2016 . The Sheriff's Office will be providing Reserve Deputies and regular Patrol Deputies to assist. Sincerely, G-~- Gene Dana, Sheriff April 20, 2016 Kittitas County Solid Waste Programs 925 Industrial Way, Ellensburg, WA 98926 Telephone: (509) 962-7542 Fax: (509) 962-7087 Kittitas County Board of Commissioners 205 W 5th Ave Suite 103 Ellensburg, WA 98926 Subject: Special Event Application Dear Board of County Commissioners, Kittitas County Solid Waste has reviewed the Special Event application from BuDu Racing for the Ellensburg Triathlons and Carey Lake Runs. The event staff has a recycling and garbage plan that meets our satisfaction. We only ask that they make sure that there are adequate disposal options. Please contact me at [509] 962-7577 if you have any questions. Thank you. Cordially, Clinton Van de Venter Household & Hazardous Waste Supervisor Kittitas County Solid Waste • Kittitas County Public Health Department Memo To: Kittitas County Board of County Commissioners From: Kittitas County Public Health Department, Holly Myers, Environmental Health Supervisor Date: May 2, 2016 RE: Ellensburg Triathlons, sponsored by BuDu Racing, LLC If the information stated in the application by the organization for the "Ellensburg Triathlons" event is true, accurate, and there is stewardship in following through with such statements then the applicant, Deanna Muller, has at this time met all the requirements of the Kittitas County Public Health Department including: • Food Safety and Service -a temporary food service permit must be applied and approved 2 weeks prior to the event. • Bathroom Facilities -use of facilities on site and additional portable toilets as listed on the application. At this time I do not foresee any issue arising that would otherwise cause or prevent the applicant from meeting Kittitas County Public Health requirements. Please feel free to contact me if you have any questions or concerns. CC: Kittitas County Board of Commissioners Julie Kjorsvik, Kittitas County Board of Commissioners Clerk Mandy Buchholz, Kittitas County Board of Commissioners Deputy Clerk Mandy Buchholz From: Sent: no-reply_SeNiceRequests@co.kittitas.wa .us Thursday, April 21, 2016 11 :59 AM To: Mandy Buchholz Subject: Prosecutor SeNice Request I 32979 I BuDu Racing Ins . Mandy Buchholz , Thank you for submitting a service request. We hope the service was completed to your satisfaction . If you'd like to leave feedback, please use our fe ed back form. We have closed this request. If you need anyth ing else, please submit another request or renew this request. Note : This email was sent from an unmonitored account. Please do not reply to this email. To respond , please update your service request on CAMAS using the link below. Request #32979 -BuDu Racing Ins. Initial request: Good Afternoon , Our office received a Special Event Application from BuDu Racing for the "Ellensburg Triathlons" -Carey Lake 5K & 10K (with an Olympic distance course this year). I will be placing this request on the May 17, 2016 Commissioner Agenda for the Board's consideration . Please submit your departments recommendation to me no later than May 9 , 2016 at noon. If there are still outstanding issues , please indicate those in writing as well. For specific questions regarding the event I would ask that you contact the applicant di rectly. Thank you and have a great afternoon! Latest update: I approve the certificate of insurance. Christopher Horner 4/21/201612:00:00 AM Status: Closed Assigned to: Christopher Horner Priority: Soon Due date: 5/9/201612:00:00 PM Notice: All email sent to this add ress wil l be re ceived by the Kittitas County email system and may be subject to pub lic disclosure under Chapter 42.56 RCW and to archiving and review. messageid: 38eb45916c6dcbdac24bb8719d004a14 1 Mandy Buchholz From: Mandy Buchholz Sent: To: Subject: Monday, April 18, 20164:42 PM deanna@buduracing .com Agenda Date Notice Attachments: BOCC.PDF Importance: High Hi Deanna, Thank you for your Event Applications and permit fee for the Ellensburg Olympic and Sprint Triathlon, including the Carey Lakes 10K and 5K Runs. I will be placing your Event Application on the May 17, 2016 Commissioners Agenda for the Board's consideration . However, I would ask that either you or a member of your committee be in attendance at the Commissioners Agenda Study Session on Monday May 16, 2016 at 10:30 a .m. in the Commissioners Auditorium (Room 109 -Kittitas County Courthouse) to answer questions the Board may have. In the meantime, if you have any questions please feel free to contact our office at your convenience. I also included a copy of the receipt for your Special Event Application Payment. Thank you. © ** Thank you so much for both applications being in so timely and complete. I appreciate that VERY much. D K[tt[tCfS, COIAVlt!:::J COVlA-VlA-[s,s,[oV'vers, offLce 205 Wes,t F[ftltl street slA[te #1-0g 5L LeV'vs,blArg, WA3~2b 503-3b2-750g pltloV've 503-3b2-7b73 FCf)( man dy. buch holz@ co.kittitas.wa.us http://www.co.kittitas.wa.us/ YOIA CCfV'v't tCfLR, !:::J0lAr WCf!:::J OlAt of s,oVlA-etltl[V'vg !:::J0IA beltlCfve~ !:::J0lAr WCf!:::J [V'vto. YOIA ItlCfve to beltlCfve !:::Jour WCf!:::J OlAt of [to ~ DOlAg COV'vCfV'vt -C50 of cCfVlA-pbeLL SOIAP "DO V'vot go wltlere title PCftltl VlA-Cf!:::J LeCf~, go [V'vs,teCf~ wltlere tltlere Ls V'v0 PCftltl CfV'v~ LeCfve Cf trCf[L." RaLpltl WCfL~o 5 VlA-e rs, 0 V'v 1 April 13, 2016 Kittitas County Commissioners Attn Mandy Buchholz (mandy. buchholz@co.kittitas.wa.us) 205 W 5th Ave. Room 110 Ellensburg, WA 98926 Dear Mandy: After some long consideration, the Ellensburg Endurance Sports Association and BuDu Racing, LLC have decided to not promote the Whisky Dick Triathlon going forward. I must admit, there were a few tears shed about it, as it is such an iconic event, but together we made the decision. We have valued your contribution to the Whisky Dick and hope that you may be willing to join us to help at the Ellensburg Triathlons, that will include an Olympic distance course this year. In the past it was onlya Sprint. We also will have the Carey Lakes Run, which is a 5k and 10k run. Event Dates Saturday, July 23, 2016 • Ellensburg Triathlons Carey Lake 5K and 10K Runs • Both starting at 8am at Irene Rinehart Park Here are the relevant course details for the Ellensburg Triathlons. The bike course exits from Irene Rinehart park turning right onto Umptanum Rd, right onto Manatash Road and will follow Manatash to the Sprint (just before Kittitas Reclamation District Road) or Olympic turn around (just before the gravel) as appropriate and return the same way . The Sprint is Just over twelve miles and the Olympic is 24.8. The run stays within the park area Links to the maps for the Ellensburg Triathlons are as follows Olympic Sprint Swim (1 mile) http/lwww.mapmyfitness.com/routes/view/957 437795 Bike (248 miles) http/lwww.mapmyfitness .com/routes/view/956823491 Run (10K) http/lwww.mapmyfitness.com/routes/view/956072145 RECEIVEO APR 18 2016 1 st _ 2nd _ 3rd __ _ Swim (.25 miles): http/lwww.mapmyfitness .com/routes/view/956072145 Bike (12.3 miles) http/lwww.mapmyfitness.com/routes/view/956080811 Run (5K): http/lwww.mapmyfitness.com/routes/view/957208841 KI [WAS CQU;'lTY BOAnO OF cor/~.I~i"0IiJi'l':i,S Assuming approval from the County Board of Commissioners, the race will occur as follows: Ellensburg Triathlons • Swim begins at 8:00am in Irene Rinehart Pond for the Olympic with an estimated swim time of 20-60 minutes. • Using the New Bike Course, please see description above. Estimated cycle time 30 -120 minutes • Run leg remains on the trails within the park area. Included in with this letter is a copy of the insurance certificate listing Kittitas County as an additional insured. The following information is provided for the county health office in anticipation of standard queries I receive from them each year: • Water for aid stations will be from the city water supply, not an out-of-town welL We have used the water at the fairgrounds in the past and would like to do that again this year • There will be 4 port-o-Iets at Irene Rinehart Park in addition to the restrooms there. In the past it was requested that I also include the following information in our letter • Penal Bond/Bond of Indemnity The bike portion of this event are held on the local roads and do not cause any damage to the these roads . would like to request the board grant a waiver to the Penal Bond requirement. Our team works hard to make sure any that areas utilized by these events are left better than when the event started, and have not had any problems in years past with these events. • Waiver to the County Noise Ordinance Since the event begins at 8, I request the ability to use a bullhorn as needed to ensure the safety of all participants. I thank you for your consideration. If you have any questions, or need more information, please do not hesitate to make contact with me by phone or email (see below). I ask that you respond by either standard mail or by email so that I can proceed accordingly and I thank you in anticipation. If you have any questions, please contact me (see contact information below). Sincerely, Deanna Muller BuDu Racing, LLC Deanna@BuDuRacing.com 1206/920-3983 Special Event Application Ellensburg Triathlons -07/23/2016 Will the event obstruct, interfere or require the colure and free use of any public road, street or right-a-way? In addition, will you have traffic Control? We are asking to close the road to the park, but no other roads will be closed. Will need police/sheriff support in the following areas: • Park Entrance and Umptanum (cyclists turn right coming out of the park and left coming back into the park) • Turn around point on Manastash Rd at the Sprint event turn-around (just before Kittitas Reclamation District Road) • Turn around point at Manastash Rd almost to where the road turns to gravel (if the Sheriff deems this a safety matter) Will there be off-site Parking? Parking will be at the Park and the ball fields if available. With an estimated attendance of 300, this should be enough parking. Will there be tickets sold to attend the event? Please see attached event flier. Do you have an informational Flier? Please see attached. Will there be food served? We provide bagels, meats and cheese, peanut butter, jelly, muffins and fruit for participants. Will submit permit Do you have a plan for garbage and recycling? Ellensburg Triathlons (Irene Reinhart Park) I will find out if we need to bring a dumpster into the park for this event, if so, I will do that There will be no water station for the bike, so no trash should be dropped out on the roads . I will make sure that the follow vehicle has a garbage bag in case something needs to be picked up The run course water station will have a garbage bag for the water cups. We will have a recycle can available for participants, but we do not have much recycle that we bring, since we do not have plastic water bottles. Have you obtained a Certificate of Insurance specifically naming Kittitas County? See attached. Kittitas County, Washington BOARD OF COUNTY COMMISSIONERS EVENT APPLICATION Thank you for your interest in holding a special event in Kittitas County. Please complete and return this application along with any other materials to the Kittitas County Board of Commissioners at least 60 days prior to the day upon the event is scheduled. Any misrepresentation in the application materials or deviation from the final agreed upon route and/ or method of operation described may result in the immediate revocation of an issued permit. Specifics outlining Event Permits can be viewed at http://www.co.kittitas.wa.us/boc/ countycodc/ title05 .asp Event Information Name of event: Ellensburg Triathlons and Carey Lake Runs Date(s) of event:_7!....!/-=2=3.!...:/2=-:6~ _________________ _ Hours of operation:_6.=..a=.:...:m-"-----:1'-4p::....:m-=--=-__________________ _ Description of the event: Triathlon with swim, bike, and run portions, as well as a 5K and 10K run Has this event taken place before? 'lis No Dates: 8th year Estimated attendance: 200-250 ~~-=~------------------- How is your event being publicized? Event fliers, brochures, posters, website and some print ads Please attach any flyers, posters, etc. with your application submission. Contact Information Name of the organizer/contact person:--=D....::e:...::a=n...:..:nc...:..a:::::......:.M..:...:....:::u:.:.:lI:...::e:..:..r ________ _ Address: 31405 47th Ave South, Auburn, WA 98001 Phone number(s):--=2=..;0::...:6::...:---=9=2--=O-.-::-3::....:9::....:8::....:3=---_____________ _ Email address:Deanna@BuDuRacing.com Date of birth of applicant:_8=-:1-=2:..=8:..:..../....:....19=-6-=--=---7 ______________ _ KlTTITAS C OUNTY COURTHOUSE· 205 WEST 5'h. SUITE l(l~ ELLEN SBURG. WA 9X921i (5()9) 962-7501\ FAX (509) 962-7679 \.""vw.co.kittitas. wa. us If the application is made on behalf of a partnership, please submit full names with their residence and post office address for a period of six months prior to the date of application together with the location of principal office or place of business of such corporation, BuDu Racing. LLC (address is the same) Emergency contact name(s) and phone number(s) that can be contacted during the event: Dea n na M u lie r :::==2:.=0-=-6---"'9::=:2-=-0--=3:=9-=.;83""--___ _ Name Phone Number Rory Muller 253-334-4433 Name Phone Number WRITTEN PERMISSION TO ENTER EVENT SITE I/We hereby permit law enforcement and/ or County officials to enter the site for which the Event Application has been granted at the time of the event and up to five days prior to the event for the purposes of inspecting and enforcement of County Code and other applicable laws, and pursuant to my agreement and representations made in connection with this Event Application, SWORN STATEMENT OF COMPLIANCE I/We hereby acknowledge that I/We have read Kittitas County Code, have familiarized myself with County requirements, I/We agree that either my designated agent or 1/ we shall be on site at all times and shall be responsible for the operation of the event and for compliance with all legal requirements in connection with this event. l/We understand that failure to comply with the rules, regulations and conditions set forth in Code may be deemed a gross misdemeanor and that drug or narcotics vi ations are cr"es nder R W, ~VJ.-f-fI-~~~-~¢-? brn ,V) V'A-mILL t l-?v Applicant Signature Applicant Name (Print) Applicant Signature KJTTITAS COUNTY COURTHOUSE· 2 05 WEST 5'h, SUITE lOR ELLENSBURG. WA 9R926 (509) 962-7508 fAX (509) 962-7(-,79 www.co.kittitas.\Va.us Kittitas County, Washington BOARD OF COUNTY COMMISSIONERS Fire Safety and Protection If more than 50 people are expected at your event, you must complete a separate application process which can be obtained through the Kittitas County Fire Marshal's office. You may contact the Fire Marshal's office at 509-962-7000. Will there be a temporary structure erected for the event? Yes If yes, you must attach a drawing including the dimensions. The structure may require an inspection by County staff prior to the event. Public Health/Environmental Health Will there be food served at the event? No If no food will be served at the event then, no permit or application is required. If yes, is the food and beverage that you intend on preparing and serving at the event exempt from permit requirements http://www.co.kittitas.wa.us/heaJth/food.asp? If yes, please submit an application for exemption from permit and proof of food handlers training to the Kittitas County Public Health Department (KCPHD). If yes, and the food or beverage is not considered exempt from permit, then does the person or organization preparing and serving the food have a food service permit, temporary food service permit, or catering permit from KCPHD? If yes, please provide a list of foods and beverages that you intend on having prepared and served at the event along with the name and phone number(s) of the permitted person or organization. If yes, and the person or organization preparing and serving the food does not already have a food service permit. Then a temporary food service permit or catering permit will need to be acquired from KCPHD prior to the event. Please allow at least 2 weeks to complete the food service permitting process. KITTITAS COUNTY COURTHOUSE 205 WEST 5'''. SUITE lOX EllENSBURG. WA 98926 (509) 962-7508 FAX (509) 96".'.-7679 www.co.kittitas.wa.us Are there permanent or fixed bathroom facilities already available at the location of the event? No If yes, please provide an estimated attendance for the event, a detailed map that identifies the name and address of the physical facility that will provide lavatory facilities for the event, quantity of toilette facilities available for each gender, and the distance from the event that patrons must walk. If no, please provide an estimated attendance for the event, specific information related to the number of portable restrooms that will be provided, the distance from the event that patrons must walk, and a service plan to ensure that sani-cans remain in a sanitary condition. You must include the location of the portable restrooms on a map/ diagram of the event. KITTITAS COUNTY COURTHOUSE· 205 WEST 5''', SUITE lOR ELLENSBURG. WA 91'1926 (509) 9li2-75m, FAX (509) 962-7679 WI¥w.co.kittitas.wa.us Kittitas County, Washington BOARD OF COUNTY COMMISSIONERS Law EnforcementlSecurityjEmergency Medical Services Will there be security on site during the event? Yes ~ If yes, please provide a complete list of names and contact information for who will be providing the security. Will Emergency Medical Services (EMS) be on site during the event? Vs No If yes, please provide written verification from the providers. Will there be music, sound amplification or any other noise impacts? ~s No If yes, Kittitas County has a noise ordinance in effect (see County Code for details). If your event is scheduled for outside of the allowed time, you must submit a written letter to the Board of County Commissioners requesting a waiver and it must be included with your application materials. Will you have traffic control? ~s No If yes, please provide documentation on how the traffic control will be addressed. Will there be off-site parking? Yes ~ If yes, please provide the location and a parking plan. Will there be shuttle buses provided for attendees? Yes ~ If yes, provide a map of their route. Will there be alcohol served at the event? Yes If yes, a State permit is required from the WA State Liquor Control Board and must submitted with your application materials. KlTTITAS COUNTY COURTHOUSE· 205 WEST)'''. SUITE lOR ELLENSBURG. WA 98921i (509) 962-7508 FAX (509) 962-7(,79 www.co.kittitas.wa.us Kittitas County, Washington BOARD OF COUNTY COMMISSIONERS Public Roads Will the event obstruct, interfere or require the closure and free use of any public road, street or right-of-way? Ills No If yes, please provide a detailed adequate traffic and detour plans at the time of submission of the application. Will there need to be road closure or detour signs posted? Vs No KlTTlTAS COUNTY COURTHOUSE· 205 WEST 5'''. SUITE lOR ELLENSBURG. WA 9R926 (509) 902-750R FAX (509) %c.-7679 www.co.kittitas.wa.us Kittitas County, Washington BOARD OF COUNTY COMMISSIONERS Garbage/Recycling Do you have a plan for garbage and recycling? A written plan for garbage and recycling must be attached to your application materials. For questions or assistance contact the Kittitas County Solid Waste Department at 509-962-7542. Insurance Have you obtained a Certificate of Insurance, specifically naming "Kittitas County" as an insured? '¢; No A copy of the Certificate of Insurance must be included with your application materials. Kittitas County must be named as an additional insured in the amount of $1,000,000.00 per occurrence and $2,000,000.00 aggregate coverage. Penal Bond -Bond of Indemnity A $5,000.00 Penal Bond -Bond of Indemnity is required to be deposited with the County Treasurer to save and protect the streets, pavements, bridges, etc. from damage. The deposit or its balance will be returned once the event has been held and the Board of County Commissioners has certified no damage has been done and that the County has not incurred additional expenses Are you submitting a $5,000.00 Penal Bond -Bond of Indemnity with your Event Application? Yes ~ If no, you must request a letter in writing to the Board of County Commissioners requesting a waiver to the Penal Bond -Bond of Indenu1ity and outline the specific reasons why it should not be required of your event. County Filings and Registration Is there a cost to attend the event? ¢ No How much are you charging to attend your event? Tri-$60 Runs $20 KlTTITAS COUNTY COURTHOUSE· 205 WEST 5th • SUITE lOR ELLENSBURG. WA 9R92() (509) 962-7S0R FAX (509) 902-7679 www.co.kittitas.W3 .U S CERTIFICATE OF INSURANCE AGENCY: ESIX 3 LLC d/b /a Entertainment & Sports Insurance eXperts (ESIX) d/b/a Entertainment and Sports Insurance Agency (Califomia) 2727 Paces Ferry Road, Building Two, Suite 1500 Atlanta, GA 30339 678-324-3300 (Telephone) 678-324-3303 (Facsimile) NAMED INSURED: USA Triathlon of Colorado 5825 Delmonico Drive Colorado Springs CO 80919-2401 EVENT INFORMATION: DEANNA MULLER Ellensburg Triathlon (Olympic and Sprint) (7/23/2016 -7/23/2016) ,.,.,.--'0.,.,. '.'''",.,.,~~., -"~,, ",~·_v '-,""" ""',~, '~"~'V""··~A'" ~~~~ ._,' ""~__ ,"",,,,,,~~ .. ",",,'''''''''~' POLICY/COVERAGE INFORMATION: DATE: 2/29/2016 CERTIFICATE NUMBER: 20160121399055 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY TH E POLICIES BELOW. INSURERS AFFORDING COVERAGE: INSURER A: , INSURER B: Everest National Insurance Company Everest National Insurance Company THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR. THE POLICY PERIOD INDIr:ATED. NOTWITHSTANDING ANY REQUIREMENT, TER.M OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. "l ,~N 'V, .~"' m 'Y' ,INS TYPE OF INSURANCE: . I POLICY NUMBER(S): EFFECTIVE: A . GENERAL LIABILITY X Occurrence X Participant Legal Liability B UMBRELLA/EXCESS LIABILITY X Occurrence S18EX00179-151 EXPIRES: LIMITS: 12 /1/2016 12:01 AM 12 /1/2016 ,12:01 AM GENERAL AGGREGATE (Applies Per Event) EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Each Occ.) MEDICAL EXPENSE (Anyone person) y, V_SY'_~N'Y'~"YY"··"'·V'·' "YYN .Y.'.'···~.~.'·._·Y.YV.V.'·. ," PERSONAL & ADV INJURY PRODUCTS-COMP/OP AGG EACH OCCURRENCE AGGREGATE (Applies Per Event) ,_"""'_'_,_""'v,',_,_"v ' _ ..... · ••• "v ••• "' AGGREGATE (Policy) DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS: Coverage applies to the USA Triathlon sanctioned or approved event specified on this certificate. The certificate holder is an additional insured as per form ECG20600: Additional Insured -Automatic Status When Required in a Written Agreement. The General Liability policy is primary as per Form CG0001. The General Liability policy contains a Waiver of Subrogation provision as required by written agreement per Form ECG24522. CERTIFICATE HOLDER: NOTICE OF CANCELLATION: $1,000,000 $1,000 ,000 EXCLUDED $1,000,000 $40,000,000 Kilittas County, It's Officers, Officials, Employees 205 W 5th Ave Should any of the above described policies be cancelled before the expiration date thereof. notice will be delivered in accordance with the policy provisions. Ellensburg WA 98926 AUTHORIZED REPRESENTATIVE: Kittitas County, Washington BOARD OF COUNTY COMMISSIONERS May 17,2016 Deanna Muller C/O BuDu Racing 31405 4th Ave South Auburn, WA 98001 District One Paul Jewell District Two Laura Osiadacz District Three Obie O 'Brien Re: Special Event Request -2016 Ellensburg Olympic and Sprint Triathlon, including the Carey Lakes 10K and SK Runs, (July 23, 2016). Dear Ms. Muller, I am pleased to inform you that the Kittitas County Board of County Commissioners approved your request to hold the 2016 Ellensburg Olympic and Sprint Triathlon, including the Carey Lakes 10K and 5K Runs, (July 23, 2016). The Board of County Commissioners also granted a waiver to Kittitas County Code Chapter 5.20.100 (Penal Bond-Bond of Indemnity) and 5.20.160 (Closing Hours) since your event is scheduled to be open before 7:00 a.m., (6:00 a.m.-staging). The Board of County Commissioners approved your event conditioned upon you complying with the recommendations made by the Kittitas County Public Works Department & Kittitas County Public Health. I have enclosed their memos for your review. I have enclosed a copy of Kittitas County Code Chapter 5.20 (Event Permits) and according to Chapter 5.20.110 (Posting), a copy of this information needs to be kept posted in a conspicuous place where your event is being held. To summarize I am including for you the new Admissions Tax info., (for questions contact the County Treasurer or the County Auditor's Office -Judy Pless) and Ordinance; Department memo's; Ordinance 2009-22, as well as KCC 5·20 & 9-45. If you have any questions please feel free to contact me at your convenience. I hope your event is another great success! ~ince ely,c2 I ~vlf~Y Mandy uchholz Deputy Clerk of the Board Enclosure-as noted cc: Public Works Fire Marshal Auditor/Treasurer Public Health /Solid Waste Prosecutor SherifflKITTCOMICode Enforcement Kittitas County Courthouse· 205 West 5th Avenue, STE 108 . Ellensburg, WA 98926 (509) 962-7508 ·FAX (509) 962-7679 Admissions Tax Kittitas County Ordinance 2016-003 Ordinance amending Ch.3.22 Kittitas County Code to impose an Admissions Tax "Admissions charge," in addition to its usual and ordinary meaning includes but shall not be limited to a charge for participation in an event or activity; a charge made for season tickets or subscriptions, or a charge made for use of seats and tables, reserved or otherwise, and other similar accommodations; and a charge made for rental or use of equipment or facilities for purpose of recreation or amusement, and where the rental of the equipment or facilities is necessary to the enjoyment of the privilege for which a general admission is charged, the combined charges shall be considered as an admission charge. A donation for admittance shall also be deemed an admission charge. Admission charge includes any money paid within or without of Kittitas County for any of the kinds of admission charges defmed herein so long as the facilities, entertainment, recreation or amusement privilege derived from such admission charge occurs in Kittitas County. The tax imposed shall be collected at the time admission charge is paid by the person seeking admission to any place and shall be reported and remitted by the person receiving the tax to the Treasurer in quarterly installments on or before the last day of the month next succeeding the end of the quarterly period in which the tax is collected or received. Any person conducting or operating any activity for which an admission charge IS made shall register with the Auditor. In order to complete the registration process, you will need to register online. Any questions, please contact the Treasurer's office at 509-962-7535; Auditor's office at 509- 962-7502 or email atadmissionstax@co.kittitas.wa.us. KITTITA.S COUNTY DEPARTMENT OF PUBLIC WORKS MEMORANDUM TO: Board of County Commissioners cc: FROM: Road Forman (Ryan Berge) DATE: 4/18/16 SUBJECT: Ellensburg Triathlons and Carey Lake Runs I have reviewed all of the information regarding the Ellensburg Triathlon and Carey Lake Runs which is scheduled for July 23rd 2016 from 6:00am-1 :00 p.m. I do not foresee any problems that could arise on our part. However it may be a good idea to place some high visible signs along Umptanum and Manastash road to warn the traveling public of the contestants that will be sharing the road with that day. I only say this because of the high traffic flow and excessive speeds on these roads . I recommend approving this event based on the following criteria : 1) Local Advertisement in the Daily Record/radio/physical posting two weeks in advance to inform the traveling public of the upcoming event in order to give them the choice to plan a different route during this time period . Ryan Berge Road Forman Public Works 411 N . Ruby S1., Suite #1 Ellensburg, WA 98926 TEL (509) 962-7523 FAX (509) 962-7663 • Kittitas County Public Health Department Memo To: Kittitas County Board of County Commissioners From: Kittitas County Public Health Department, Holly Myers, Environmental Health Supervisor Date: May 2, 2016 RE: Ellensburg Triathlons, sponsored by BuDu Racing, LLC Ifthe information stated in the application by the organization for the "Ellensburg Triathlons" event is true, accurate, and there is stewardship in following through with such statements then the applicant, Deanna Muller, has at this time met all the requirements of the Kittitas County Public Health Department including: • Food Safety and Service - a temporary food service permit must be applied and approved 2 weeks prior to the event. • Bathroom Facilities -use of facilities on site and additional portable toilets as listed on the application. At this time I do not foresee any issue arising that would otherwise cause or prevent the applicant from meeting Kittitas County Public Health requirements. Please feel free to contact me if you have any questions or concerns. CC: Kittitas County Board of Commissioners Julie Kjorsvik, Kittitas County Board of Commissioners Clerk Mandy Buchholz, Kittitas County Board of Commissioners Deputy Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 KITTITAS COUNTY, WASHINGTON ORDINANCE NO . dO I Lt -00 { ADMISSIONS TAX AND DESIGNATION OF REVENUE THEREFROM An ORDINANCE regarding the levying and fixing of a tax for admissions charge in the County of Kittitas, State of Washington, and designating the revenue from such tax to certain funds. WHEREAS, Chapter 36.38 of the Revised Code of Washington authorizes the Board of County Commissioners to levy and fix an admissions tax; BE IT ORDAINED by the Board of County Commissioners of Kittitas County, State of Washington, that an admissions tax be imposed and its revenue distributed pursuant to the following ordinance. Sections: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Definitions Imposition Exemptions Price to Show on Ticket Collection and Payment Penalty for Late Payment Registration Successor to Business Recordkeeping Rules and Regulations Adopted by the County Effective Date Violation Penalty Jurisdiction Revenue from Admissions Tax Severability ORDINANCE NO. j)o J I.P-Oo I PAGE 1 GREGORY L. ZEMPlilL KIT~ITAS COUNTY PROSZCUTOR ltittit •• County Courthoue. -aooa 213 .11aneburg, ~ 98926 (509) 962-7520 1 1. DEFINITIONS. For purposes of this chapter, words and phrases shall have the following 2 meanings: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S (a) "Admissions charge," in addition to its usual and ordinary meaning includes but shall not be limited to a charge for participation in an event or activity; a charge made for season tickets or subscriptions, or a charge made for use of seats and tables, reserved or otherwise, and other similar accommodations; and a charge made for rental or use of equipment or facilities for purpose of recreation or amusement, and where the rental of the equipment or facilities is necessary to the enjoyment of the privilege for which a general admission is charged, the combined charges shall be considered as an admission charge. A donation for admittance shall also be deemed an admission charge. Admission charge includes any money paid within or without of Kittitas County for any of the kinds of admission charges defined herein so long as the facilities, entertainment, recreation or amusement privilege derived from such admission charge occurs it Kittitas County. (b) "Auditor" means the Kittitas County Auditor's Office. (c) "County" means the County of Kittitas, State of Washington. (d) "Nonprofit organization" means any organization organized and operated for charitable, education or other purposes, which is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1954, as amended. (e) "Person" means any indiVidual, receiver, assignee, firm, partnership, joint stock company, association, society, corporation, or any group of individuals acting as a unit whether mutual, cooperative, fraternal, nonprofit or otherwise. It shall not include the State of Washington nor the U.S. government. (f) "Place" means and includes, but is not restricted to theaters, dancehalls, amphitheaters, auditoriums, stadiums, athletic pavilions and fields, baseball and athletic parks, circuses, side shows, swimming pools, outdoor amusement parks, carnivals, fairs, rodeos, ORDINANCE NO. d()I/;-()ol PAGE 2 GREGORY L. ZEMPEL KI~ITAS COUNTY PROSECUTOR Kitt1t •• County Courthou •• -Room 213 Kl1anaburg, ~ 9a926 (5ull) ii6;t-'15z0 1 concerts, mountain recreation areas, snow recreation areas, bowling alleys and golf courses, 2 marathon, bicycle, horse, or motor vehicle routes. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 (g) ((Treasurer" means the Kittitas County Treasurer's Office. 2. IMPOSITION. (a) There is levied and imposed an admissions tax in the amount of five percent (5%) of the admission charge. Such taxable activities or events, unless exempted in Section 3 herein, include but are not limited to: (b) i) golf ii) rodeos iii) county fairs iv) circuses v) bowling Vi} football, basketball, and baseball games Vii) snow tubing/sledding areas viii} cinema and films ix) musical concerts or other performances with anticipated ticket sales of over $2,500.00 x) cross country ski area Such admissions tax is levied and imposed upon any person (including children, without regard to age) who pays an admission charge to any place not exempted in Section 3 herein, including persons who are admitted at reduced rates to any place for which other persons pay a charge or a regular higher price for the same or similar privileges or accommodations. 3. EXEMPTIONS. (a) The admissions tax imposed by this ordinance shall not apply to the 19 purchase of a permit from a governmental entity, including but not limited to Discover Passes, 20 Groomed Trail Passes, and Snow Park Permits. 21 22 23 24 25 (b) The admissions tax imposed by this ordinance shall not apply to any person paying an admission to any activity or event sponsored or conducted by an ('elementary" or IIsecondary" school. For purposes of this ordinance ('elementary" or "secondary" school means a school enrolling students in grades kindergarten through twelve. ORDINANCE NO. :;J(}I/;-/)(J I PAGE 3 GREGORY L. ZEMPEL KITTITAS COUNTY PROsmC~OR Kittit •• County Courthou •• -Roo. 213 Bllen.burg, ~ 98926 (509) 962-7520 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (c) The admissions tax imposed by this ordinance shall not apply to any portion of an admission charge which is designated for donation to a nonprofit organization as defined in this chapter, provided: to otherwise qualify for this exemption, the natural or corporate person charging admission to any place must: obtain advanced, written approval from the legislative authority of the county; clearly identify the portion of the admission charge designated as a donation on the face of the ticket; and, provide the Treasurer with sufficient documentation, including books, records and/or accounts, to clearly establish donated amounts collected and delivered to the nonprofit organization, by December 31 st of each year. 4. PRICE TO SHOW ON TICKET. Whenever a charge is made for admission to any place, a serially numbered or reserved ticket shall be furnished to the person paying such charge unless written approval has been obtained from the Auditor to use a turnstile or other counting device which will accurately count the number of paid admissions. The established admission price, admissions tax imposed by this ordinance, and total price at which every such admission ticket or card is sold shall be conspicuously and indelibly printed or written on the face or back of that part of the ticket which is to be taken up by the management of the place to which admission is gained. The admissions tax due shall be based on the established price printed on each ticket. When a charge is made for admission, a sign must be posted iii a conspicuous place on the entrance or ticket office which breaks down the admission charge as follows: Admission charge .............. . County admissions tax •...•.•..... Total price .................... . 5. COLLECTION AND PAYMENT. (a) Any person, including any municipal or quasi- municipal corporation, who receives any payment for admissions on which a tax is levied under this chapter shall collect the amount of the tax imposed from the person making the admission payment and shall remit the same as provided for in this section. The tax imposed under this ordinance shall be deemed to be held in trust by that person required to collect the tax until it ORDINANCE NO. ~OIIR -fX) I PAGE 4 GREGORY L. ZEMPEL ~ITTITAS COUNTY PROS~CUTOR Kittita. County Courthous. -Room 213 EJ.J.enaburg, WA 98926 (509) 962-7520 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is paid to the County as herein provided. Any person required to collect the tax imposed under this ordinance who fails to collect the same, or having collected the same, fails to remit the same, to the County in the manner prescribed by this ordinance, whether such failure be the result of his or her own act or the result of acts or conditions beyond his or her control, shall nevertheless be personally liable to the County for the amount of such tax, and shall, unless remittance is made as required in this section, be guilty of a violation of this ordinance. The tax imposed shall be collected at the time admission charge is paid by the person seeking admission to any place and shall be reported and remitted by the person receiving the tax to the Treasurer in quarterly installments on or before the last day of the month next succeeding the end of the quarterly period in which the tax is collected or received. The county may extend the time for making and filing the return and remittance of the tax for a period not to exceed thirty (30) days. Payment or remittance of the tax collected may be made by check, unless payment or remittance is otherwise required by the county. Checks should be made payable to the Kittitas County Treasurer. Payment by check shall not relieve the person collecting the tax from liability for payment and remittance of the tax unless the check is honored and in the full and correct amount. Any person receiving any payment for admissions shall make out a return upon such forms providing the information the county may require. Whenever any person makes an admission charge which is subject to the law levied in this ordinance, and the same is of a transitory or temporary nature, of which the county shall be the judge, the county shall require the report and remittance of the admissions tax immediately upon the collections of the tax at the conclusion of the performance or exhibition, or at the conclusion of a series of performances or exhibitions, or at such other time as the county shall determine. The Treasurer may require the person owing the tax to the County under this ordinance to deposit a sum of money or bond in advance of any performance, show or amusement. This deposit or bond shall be returned upon the faithful compliance with the provisions of this ordinance. ORDINANCE NO . .;JO/u-()O I PAGES GREGORY L. ZEMPEL ~ITTITAS COUNTY PROSECUTOR Kittitas County Courthouse -Room 213 Ellenaburg, WA 98926 (509) 962-'7520 1 (b) Failure to comply with any requirements of the county as to reporting and 2 remitting the tax shall be a violation of this ordinance. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 (c) The books, records and accounts of every person collecting a tax levied in this ordinance shall, as to admission charges and tax collections, be subject to examination and audit by the Auditor at all reasonable times. 6. PENALTY FOR LATE PAYMENT. (a) If payment of any tax due under this ordinance is not received by the Treasurer by the last day of the month in which the tax was due, there shall be added to such tax a penalty offifteen percent (15%) of the tax due. (b) The Treasurer shall notify the taxpayer by mail of the amount of any penalties so added or assessed and these shall become due and payable within thirty (30) days from the date of such notice. (c) In addition to this penalty, the Treasurer may charge the taxpayer interest of one percent of all taxes due for each thirty day period or portion thereof that such amounts are past due. (d) Failure to make payment in full of all tax amounts and penalties within sixty (60) days following the day the tax amount initially became due shall be a civil and/or criminal violation of this section. 7. REGISTRATION. Any person conducting or operating any activity for which an admission 18 charge is made shall register with the Auditor. 19 20 21 22 23 24 25 8. SUCCESSOR TO BUSINESS. Whenever any person required to pay a tax under this ordinance shall quit business or otherwise dispose of his or her business, any admissions tax payable shall immediately become due and payable, and if such tax is not paid by such person within ten (10) days from the date of such sale, exchange or disposal of the business, the purchaser or successor shall also become liable for the payment of the full amount of such tax plus accrued penalties. ORDINANCE NO. ~ -/)O I PAGE 6 GREGORY L. ZEMPEL KI~TI~AS COUNTY PROBEC~OR Kittitaa County CourthoU8. -Room 213 Ellanabur~, ~ geg26 1 2 3 4 5 6 7 8 9 10 9. RECORDKEEPING. It shall be the duty of every person liable for any tax imposed by this ordinance to keep and preserve for a period of five (5) years suitable records as may be necessary to determine the amount of any tax for which he or she may be liable under the provisions of this ordinance. 10. RULES AND REGULATIONS. The county shall have the power to adopt rules and regulations not inconsistent with the terms of this ordinance for carrying out and enforcing the payment, collection and remittance of the tax levied by this ordinance and a copy of the rules and regulations shall be on file and available for public examination at the Auditor's Office. Failure or refusal to comply with any rules and regulations shall be deemed a violation of this ordinance. 11. EFFECTIVE DATE. This ordinance shall become effective, against all persons, thirty (30) 11 days after passage by the Board of County Commissioners. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 12. VIOLATION PENALTY. In addition to civil penalties that may be imposed, it is a misdemeanor to violate any of the provisions of this ordinance. Each person who violates or fails to comply with any of the provisions of this ordinance, unless otherwise specified, shall be subject to criminal penalties of a fine not to exceed five hundred dollars ($500) or imprisonment not to exceed ninety (90) days in jail, or to both a fine and imprisonment. Each day a person shall continue to violate or fail to comply with the provisions of this ordinance shall constitute a separate offense. 13. JURISDICTION. The admissions tax enacted by this ordinance shall be imposed in all areas of Kittitas County except for incorporated areas of the County where the city or town has levied a similar tax within its corporate limits. The admissions tax levied and imposed by this ordinance shall be payable where the admission charge was paid within or without the geographical boundaries of Kittitas County so long as the facilities, entertainment, recreation or amusement privileges derived from such admission charge occurs in Kittitas County. ORDINANCE NO. ~--OO I PAGE? GREGORY L. ZEMPEL KITTITAS COUNTY paosmCUTOR K1tt1t •• County Caurthou •• -aoom 213 E11en&burg, ~ gS926 (509) 962-7520 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14. REVENUE FROM ADMISSIONS TAX. The revenue from the admissions tax collected under this ordinance shall be deposited in the County General Fund and distributed in the following manne r : (a) The County Auditor shall retain funds as approved annually by the Board of County Commissioners for expenses directly related to implementing and collecting the tax; then (b) The first $100,000 in admissions tax collected each year after expenses in Section 14 (a) shall be dedicated for use by the Kittitas County Public Health Department; then (c) All taxes collected in addition to those in Sections 14 (a) and (b) shall be placed into the County General Fund and allocated annually at the discretion of the Board of County Com missioners. 15. SEVERABILITY. If any provision of this ordinance or its application to any person or circumstances is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. DATED this I Qf1r:Jay of cF.o{.n-vut Jt J8~2016. ~eBoardU ORDINANCE NO . ,;J()/1tJ -00 I PAGES BO~ .... ROD JJO KITTITAS COU. NlY ~OMMI. SSIONERS ~c;e~ GREGORY L. ZEMPEL KITTITAS COUNTY PROSEC~R ltitti.tas County Co~thou •• -Room. 213 E11.n~u:q, ~ gSg26 I~"'n. ....-.ft ... r,.. .... \...,u~, :7V£-I;}LU BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY STATE OF WASHINGTON ORDINANCE NO. 2016-00 ~ ORDINANCE AMENDING CH. 3.22 KITTITAS COUNTY CODE TO IMPOSE AN ADMISSIONS TAX WHEREAS: Ch. 36.38 RCW allows counties to impose an admissions tax; and WHEREAS: Kittitas County, after due notice and hearing adopted an admissions tax via Ordinance 2016-001; and WHEREAS: Ordinance 2016-001 provides that the County may adopt such policies and regulations to carry out the tax; and WHEREAS: Ch. 3.22 Kittitas County Code (KCC) formerly provided for an admissions tax, but was repealed. NOW, THERFORE, BE IT ORDAINED that the Board of County Commissioners after due deliberation and in the best interest of the public, does hereby amend Kittitas County Code Chapter 3.22 to read as found in Exhibit "A" attached hereto and incorporated herein by this reference BE IT FURTHER ORDAINED that such amendment shall be ~ffcctive thirty (30) days after execution ofthis document by the Board of County Commissioners. BE IT FURmER ORDAINED that the Kittitas County Information Technology Department is to add the language and provisions of Exhibit "A" to the county code on the Kittitas County website. BE IT FURTHER ORDAINED that the Prosecuting Attorney's Office is charged with correcting any scrivener's errors it notices and determines arose out of the amendment and enactment process. No further authorization will be required from the Board of County Commissioners for the Prosecuting Attorney's Office to effect correction of scrivener's errors relating to this Ordinance and the Prosecutor's Office shall direct Information Technology to make such needed corrections. BE IT FURTHER ORDAINED that the Clerk of the Board of County Commissioners is hereby directed to publish this ordinance as approved, including Exhibit "A" in a newspaper of general circulation in the county. ADOPTEDthis~ayof R_h 2016. APPROVED AS TO FORM: Gregory L. Zempel Prosecuting Attorney WSBA#19125 BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASIDNGTON 2 Sections: 3.22.010 3.22.020 3.22.030 3.22.040 3.22.050 3.22.060 3.22.070 3.22.080 3.22.090 3.22.100 3.22. 1I0 3.22.120 3.22.130 3 .22.140 3.22.150 Definitions Imposition Exemptions Price to Show on Ticket Collection and Payment Penalty for Late Payment Registration Successor to Business Recordkeeping EXHIBIT A Chapter 3.22 ADMISSIONS TAX Rules and Regulations Adopted by the County Effective Date Violation Penalty Jurisdiction Revenue from Admissions Tax Severability 3.22.010 Definitions For purposes ofthis chapter, words and phrases shall have the following meanings: (a) "Admissions charge," in addition to its usual and ordinary meaning includes but shall not be limited to a charge for participation in an event or activity; a charge made for season tickets or subscriptions, or a charge made for use of seats and tables, reserved or otherwise, and other similar accommodations; and a charge made for rental or use of equipment or facilities for purpose of recreation or amusement, and where the rental of the equipment or facilities is necessary to the enjoyment of the privilege for which a general admission is charged, the combined charges shall be considered as an admission charge. A donation for admittance shall also be deemed an admission charge. Admission charge includes any money paid within or without of Kittitas County for any of the kinds of admission charges defined herein so long as the facilities, entertainment, recreation or amusement privilege derived from such admission charge occurs in Kittitas County. (b) "Auditor" means the Kittitas County Auditor's Office. (c) "County" means the County of Kittitas, State of Washington. (d) "Nonprofit organization" means any organization organized and operated for charitable, education or other purposes, which is exempt from taxation pursuant to Section 501 (c)(3) of the Internal Revenue Code of 1954, as amended. {e)(~Person" means any individual, reCei ver, a~signee, firm, partnership~ joint stock company, association , society. corporation; or anygl'oup Qfindividuals acting as a unit whether mutual, cooperative, fraternal, npnprpfit Qf otherwis~ It shall not lpc;lude the State of Washington nor the U.S . government. (f) "Place" means and includes, but is not restricted to theaters, dancehalls, amphitheaters, auditoriums , stadiums, athletic pavilions and fields, baseball and athletic parks, circuses, side shows, swimming pools, outdoor amusement parks, carnivals, fairs, rodeos, concerts, mountain recreation areas, snow recreation areas, bowling alleys and golf courses, marathon, bicycle, horse, or motor vehicle routes. (g) "Treasurer" means the Kittitas County Treasurer's Office . 3.22.020 Imposition (a) There is levied and imposed an admissions tax in the amount of five percent (5%) of the admission charge. Such taxable activities or events, unless exempted in Section 3.22.030 herein, include but are not limited to: i) golf ii) rodeos iii) county fairs iv) circuses v) bowling vi) football, basketball, and baseball games vii) snow tubing/sledding areas vii i) cinema and films ix) musical concerts or other perfonnances with anticipated ticket sales of over $2,500.00 x) cross country ski area (b) Such admissions tax is levied and imposed upon any person (including children, without regard to age) who pays an admission charge to any place not exempted in Section 3.22-030 herein, including persons who are admitted at reduced rates to any place for which other persons pay a charge or a regular higher price for the same or similar privileges or accommodations. 3.22.030 Exemptions (a) The admissions tax imposed by this ordinance shall not apply to the purchase of a penn it from a governmental entity, including but not limited to Discover Passes, Groomed Trail Passes, and Snow Park Permits. (b) The admissions tax imposed by this ordinance shall not apply to any person paying an admission to any activity or event sponsored or conducted by an "elementary" or "secondary" school. For purposes of this ordinance "elementary" or "secondary" school means a school enrolling students in grades kindergarten through twelve. (c) The admissions tax imposed by this ordinance shall not apply to any portion of an admission charge which is designated for donation to a nonprofit organization as defined in this chapter, provided: to otherwise qualify for this exemption, the natural or corporate person charging admission to any place must: obtain advanced, written approval from the legislative authority of the county; clearly identify the portion of the admission charge designated as a donation on the face of the ticket; and, provide the Treasurer with sufficient documentation, including books, records andlor accounts, to clearly establish donated amounts collected and delivered to the nonprofit organization, by December 31 st of each year. 3.22.040 Price to Show on Ticket Whenever a charge is made for admission to any place, a serially numbered or reserved ticket shall be furnished to the person paying such charge unless written approval has been obtained from the Auditor to use a turnstile or other counting device which will accurately count the number of paid admissions. The established admission price, admissions tax imposed by this ordinance, and total price at which every such admission ticket or card is sold shall be conspicuously and indelibly printed or written on the face or back of that part ofthe ticket which is to be taken up by the management of the place to which admission is gained. The admissions tax due shall be based on the established price printed on each ticket. When a charge is made for admission, a sign must be posted in a conspicuous place on the entrance or ticket office which breaks down the admission charge as follows: Admission charge .............. . County admissions tax .......•••.• Total price < , , , , , , , , , " • , ; , •• , ••• 2 3.22.050 Collection and Payment (a) Any person, including any municipal or quasi-municipal corporation, who receives any payment for admissions on which a tax is levied under this chapter shall collect the amount of the tax imposed from the person making the admission payment and shall remit the same as provided for in this section. The tax imposed under this ordinance shall be deemed to be held in trust by that person required to collect the tax until it is paid to the County as herein provided. Any person required to collect the tax imposed under this ordinance who fails to collect the same, or having collected the same, fails to remit the same, to the County in the manner prescribed by this ordinance, whether such failure be the result of his or her own act or the result of acts or conditions beyond his or her control, shall nevertheless be personally liable to the County for the amount of such tax, and shall, unless remittance is made as required in this section, be guilty of a violation of this ordinance. The tax imposed shall be collected at the time admission charge is paid by the person seeking admission to any place and shall be reported and remitted by the person receiving the tax to the Treasurer in quarterly installments on or before the last day of the month next succeeding the end of the quarterly period in which the tax is collected or received. The county may extend the time for making and filing the return and remittance of the tax for a period not to exceed thirty (30) days. Payment or remittance of the tax collected may be made by check, unless payment or remittance is otherwise required by the county. Checks should be made payable to the Kittitas County Treasurer. Payment by check shaH not relieve the person collecting the tax from liability for payment and remittance of the tax unless the check is honored and in the full and correct amount. Any person receiving any payment for admissions shall make out a return upon such forms providing the information the county may require. Whenever any person makes an admission charge which is subject to the law levied in this ordinance, and the same is of a transitory or temporary nature, of which the county shall be the judge, the county shall require the report and remittance of the admissions tax immediately upon the collections of the tax at the conclusion of the performance or exhibition, or at the conclusion ofa series of performances or exhibitions, or at such other time as the county shall determine. The Treasurer may require the person owing the tax to the County under this ordinance to deposit a sum of money or bond in advance of any performance, show or amusement. This deposit or bond shall be returned upon the faithful compliance with the provisions ofthis ordinance. (b) Failure to comply with any requirements of the county as to reporting and remitting the tax shall be a violation of this ordinance. (c) The books, records and accounts of every person collecting a tax levied in this ordinance shall, as to admission charges and tax collections, be subject to examination and audit by the Auditor at all reasonable times. 3.22.060 Penalty for Late Payment (a) If payment of any tax due under this ordinance is not received by the Treasurer by the Jast day of the month in which the tax was due, there shall be added to such tax a penalty of fifteen percent (15%) of the tax due. (b) The Treasurer shall notify the taxpayer by mail of the amount of any penalties so added or assessed and these shall become due and payable within thirty (30) days from the date of such notice. (c) In addition to this penalty, the Treasurer may charge the taxpayer interest of one percent of all taxes due for each thirty day period or portion thereof that such amounts are past due. (d) Failure to make payment in full of all tax amounts and penalties within sixty (60) days following the day the tax amount initially became due shan be a civil and/or criminal violation oftbis section. 3.22.070 Registration Any person conducting or operating any activity for which an admission charge is made shall register with the Auditor. 3 3.22.080 Successor to Business Whenever any person required to pay a tax under this ordinance shall quit business or otherwise dispose of h is or her business, any admissions tax payable shall immediately become due and payable, and if such tax is not paid by such person within ten (10) days from the date of such sale, exchange or disposal of the business, the purchaser or successor shall also become liable for the payment of the full amount of such tax plus accrued penalties. 3.22.090 Recordkeeping It shall he the duty of every person liable for any tax imposed by this ordinance to keep and preserve for a period offive (5) years suitable records as may be necessary to detetnline the amount of any tax for which he or she may be liable under the provisions of this ordinance. 3.22.100 Rules and Regulations Adopted by the County The county shall have the power to adopt rules and regulations not inconsistent with the terms of this ordinance for carrying out and enforcing the payment, collection and remittance of the tax levied by this ordinance and a copy of the rules and regulations shall be on file and available for public examination at the Auditor's Office. Failure or refusal to comply with any rules and regulations shall be deemed a violation of this ordinance. 3.22.110 Effective Date This ordinance shall become effective, against all persons, thirty (30) days after passage by the Board of County Commissioners. 3.22.120 Violation Penalty In addition to civil penalties that may be imposed, it is a misdemeanor to violate any of the provisions of this ordinance. Each person who violates or fails to comply with any ofthe provisions of this ordinance, unless otherwise specified, shall be subject to criminal penalties of a fine not to exceed five hundred dollars ($500) or imprisonment not to exceed ninety (90) days in jail, or to both a fine and imprisonment. Each day a person shall continue to violate or fail to comply with the provisions of this ordinance shall constitute a separate offense. 3.22.130 Jurisdiction The admissions tax enacted by this ordinance shall be imposed in all areas of Kittitas County except for incorporated areas of the County where the city or town has levied a similar tax within its corporate limits. The admissions tax levied and imposed by this ordinance shall be payable where the admission charge was paid within or without the geographical boundaries of Kittitas County so long as the facilities, entertainment, recreation or amusement privileges derived from such admission charge occurs in Kittitas County. 3.22.140 Revenue from Admissions Tax The revenue from the admissions tax collected under this ordinance shall be deposited in the County General Fund and distributed in the following manner: (a) The County Auditor shall retain funds as approved annually by the Board of County Commissioners for expenses directly related to implementing and collecting the tax; then (b) The first $100,000 in admissions tax collected each year after expenses in Section 14 (a) shall be dedicated for use by the Kittitas County Public Health Department; then (c) All taxes collected in addition to those in Sections 14 (a) and (b) shall be placed into the County General Fund and allocated annually at the discretion of the Board of County Commissioners. 3.22.150 Severability If any provision of this ordinance or its application to any person or circumstances is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. 4 Chapter 9.45 NOISE Sections 9.45.010 Public disturbance noises. 9.45.020 Noise disturbances enumerated. 9.45.030 Presumption. 9.45.040 Exemptions. 9.45.050 Penalty. 9.45.060 Variances. 9.45.010 Public disturbance noises. It is unlawful to create, or to allow property in one's possession or control to be used so as to create any loud, unpleasant, or raucous noise which unreasonably disturbs the peace, comfort, or repose of others. (Ord . 99-09,1999; Ord. 95-14 § 1,1995). 9.45.020 Noise disturbances enumerated. Noise disturbances referred to in KCC 9.45.010 may include but are not limited to continuous or repetitive: 1. Operating motors, engines, motorcycles and snowmobiles in a capricious manner, to be plainly audible within any dwelling unit which is not the source or is generated within 200 feet of any dwelling unit; 2. Playing amplified or otherwise loud music and voice amplification either live or recorded; 3. Yelling or shouting at a continuous loud level of sound; 4. Allowing domestic animals to bark, howl or otherwise make noise either on private or commercial premises for extended periods of time; 5. Use of noise making fireworks except for duly authorized or approved public displays. (Ord. 99 - 09, 1999 ; Ord. 95-14 § 2, 1995). 9.45 .030 Presumption. It shall be a rebuttable presumption that any activities enumerated herein disturb the peace, comfort, or repose of others when they take place between the hours of 10:30 p.m. and 7:00 a.m. in a residential area or one containing hospitals, hostelries, convalescent centers, or other places of repose. (Ord . 99-09, 1999; Ord. 95-14 § 3, 1995). 9.45.040 Exemptions. 1. The noises or sounds produced by the operations of agricultural, silviculture and mining equipment for the purpose of production or protection of crops and or other legitimate commercial products or materials are exempt from this chapter. 2_ The noises or sounds produced from or in the raising of or production of livestock including the raising of livestock guardian dogs, horses, cattle, sheep, pigs, and poultry are exempt from this chapter. 3. The noise and sounds emanating from legitimate training activities located within the boundaries of the "Yakima Training Center." (Ord. 99-09,1999; Ord. 95-14 § 4,1995). 9.45.050 Penalty. Any person violating this chapter shall, upon conviction therefore, be punishable by fine not to exceed $500.00 or imprisonment not to exceed 90 days, or both. (Ord. 99-09, 1999; Ord. 95-14 § 5, 1995). 9.45.060 Variances. From time to time, upon application to the board of county commissioners, further specific exemptions may be granted to this chapter on a fact and date specific basis. An example is the request for and granting of a festival pe rmit. Al l such exemptions shall be made through proper application to the board of county commissioners and in conformance with existing provisions of the Kittitas County Code, as it now exists, or as amended in the future. In addition, all requests for exemptions to this chapter are subject to a nonrefundable $25 .00 fee, which must be paid at the time the request is made . (Ord . 2014-010, 2014; Ord. 99-09,1999; Ord. 95-14 § 7,1995). Chapter 5.20 EVENT PERMITS Sections 5.20 .005 Legislative intent. 5.20.010 Basic clause . 5.20 .015 Exceptions. 5.20.020 Permit application -Approval -Denial. 5.20 .030 Application form. 5.20 .040 Repealed. 5.20.041 Repealed . 5.20 .050 Repealed. 5.20.060 Repealed . 5.20.070 Repealed. 5.20 .080 Inspection -Enforcement. 5.20 .090 Permit required -Fee -Regulations. 5.20.100 Penal bond -Bond of indemnity. 5.20.110 Posting. 5.20.120 Applicant age. 5.20.130 Statement of right to revoke on permit. 5.20.140 Grounds for revocation. 5.20 .150 Revocation not exclusive penalty. 5.20 .160 Closing hours. 5.20.170 Repealed. 5.20 .180 Preserving order -Operator's duty . 5.20.190 Building construction . 5.20 .200 Distance from habitation. 5.20.210 Permit posting -Nontransferability. 5.20.220 Permit application . 5.20 .230 Violation -Penalty. 5.20.240 Compliance. 5.20.250 Enforcement. 5.20.260 Reservation. 5.20.270 Severability and saving. 5.20.005 Legislative intent. The Board of County Commissioners declares it to be the public interest, and for the protection of the health , welfare and property of the residents of the county of Kittitas to provide for the orderly and lawful conduct of any assembly of persons for the primary purpose of entertainment, amusement, or sporting events or shows to be held within Kittitas County by assuring that the proper sanitary, health, fire, safety and police measures are provided and maintained. (Ord . 2009-22, 2009) 5 .20.010 Basic clause . It is unlawful for any person, corporation, organization, landowner, or lessor to allow, encourage , organize, promote, conduct, permit or cause to be advertised an entertainment, amusement, sporting event, or show or assembly of persons wherein the primary purpose will be entertainment, amusement, sporting event, or show unless a valid county permit has been obtained for the operation of said public amusement, entertainment or assembly. One such permit shall be required for each public entertainment or other amusement events. Criminal or civil liability for failure to comply with the provisions of this chapter shall rest in all persons, corporations, organizations, landowners or lessors who are responsible for obtaining permits under this section. (Ord . 2009-22, 2009; Ord . 99-06,1999; Ord. 9217, 1992; Ord. 69-11 § 2, Vol. 0, p. 129,1969) 5.20 .015 Exceptions. The requirement of KCC 5.20.010 to obtain a permit shall not apply to: 1. De Minimus Exception Persons, corporations, organizations, landowners or lessors believing that an event falling under KCC 5.20 .010 will attract less than 300 person and will comply with all other county ordinances and laws of the State of Washington, assuming that such belief is reasonable. 2. Conditional Use Permit Exception Events that occur on a parcel or parcels with a valid Conditional Use Permit that specifically contemplates and authorizes gatherings of more than 300 persons. 3. The Kittitas County Fair, events conducted on the Kittitas County Fairgrounds, or Events conducted by Kittitas County or its subdivisions. 4. Events held in connection with and upon the same lot as a building that has been permitted, including a passing final inspection, for occupancy of at least as many individuals as are reasonably anticipated at the event, inclusive of any persons that will be at the building or on the lot even if not in connection with the event. Provided that such building has received a pass i ng fire and life safety inspection from the Kittitas County Fire Marshall's Office within the last year. Note: The exceptions in this section only waive the requirement of obtaining a permit found in KeC 5.20.015, not the requirement for a public assembly/special event permit from the Fire Marshal, or any other requirement of this Chapter or State or local law. (Ord . 2009-22, 2009; Ord . 99-06, 1999; Ord. 9217,1992; Ord . 69-11 § 2, Vol. 0, p. 129, 1969) 5.20.020 Permit application -Approval -Denial. Written application for event permits shall be made to the Board of County Commissioners and the application must be submitted 60 OF more days piior to the day upon which such event is to be or may be held . When available, the application should include a completed Event Application Form. Approval or denial of permits as provided for in this chapter shall be made within 45 days after application. The board of county commissioners may waive or shorten any deadlines set out in this chapter upon the request of the applicant. Denial of the permit or waiver or shortening of deadlines by the Board of County Commissioners shall be in writing with reasons for the same stated therein. Any denial of the permit shall be subject to appeal to the superior court by action filed within 10 days of the denial. When any type of physical facility is required or subject to approval hereunder, preliminary approval may be granted based upon specific plans proposed and submitted by the applicant. All such facilities shall be in existence five or more days before event for which an application is submitted shall begin and shall be subject to inspection by the approving agencies or departments at their convenience. The inspections shall be made and approval or disapproval granted on or before the fifth day preceding the event. Failure to act by the County within said period constitutes a waiver of the before mentioned inspection by the County. Should the actual facility or construction fail to meet the standards approved in the proposed plans, such preliminary approval shall be withdrawn and any and all permits granted subject to such approval shall be withdrawn. No inspection fee or approval fee shall be charged other than the general permit fee required hereunder. Every application made under this chapter shall be accompanied by plans for sanitary facilities, food and drink services and facilities, solid waste disposal, fire safety and protection, traffic control, parking, security, liability insurance and a statement of the anticipated impact, including nOise, of the public entertainment, amusement or assembly on the citizens and public agencies of Kittitas County. Upon receipt of the application, the clerk for the Board of County Commissioners shall submit copies of the application to the following officers, agencies or elected officers of Kittitas County or other governmental or regulatory agencies for their input on the following: 1. The County Health Officer regarding the plan for sanitary facilities, food and drink services and facilities; and 2 . The County Fire Marshal regarding fire protection and safety; and 3 . The County Sheriff regarding traffic control, parking, security , noise and any other health and safety problems; and 4 . The County Prosecuting Attorney regard ing liability insurance; and 5. The County Public Works Department regarding potential impacts on roads; and 6. The County Solid Waste Programs Department regarding solid waste disposal. The application must provide written approval of any other federal, state or local agency if the application involves an event, activity or instrumentality regulated by such agency. If any of the above county officers, agencies or elected officials of Kittitas County do not approve of the portions of the applicant's plans submitted to them; they shall set forth in writing the details supporting their disapproval. (Ord . 2014-009, 2014; Ord . 2009-22, 2009; Ord . 99-06,1999; Ord . 92-17 ,1992; Ord . 69-11 § 3 , Vol. 0, p. 129, 1969) 5 .20.030 Application form. Event Application Form: The Clerk of the Board of County Commissioners is hereby charged with creation of a standard "Event Application Form ." The Clerk should consult with the county Health Officer, Fire Marshal, Sherriff, Prosecutor, Public Works Director and the Solid Waste Director to ensure that the Event Application Form solicits the information necessary for them to make a recommendation on the issues enumerated in KCC 5.20.020. (Ord . 2014-009 , 2014; Ord. 2009-22, 2009; Ord. 99-06,1999; Ord . 92-17,1992 ; Ord. 6911 § 4, Vol. 0 , p. 129,1969) 5.20.040 Sanitary facilities. Repealed by Ord. 92-17. (Ord. 69-11 § 5, Vol. 0, pp . 129 , 130, 1969) 5 .20.041 Health, safety and administrative elements of application. Repealed by Ord . 2009-22,2009. (Ord. 99-06, 1999; Ord . 92-17,1992) 5.20.050 Fire facilities. Repealed by Ord . 92-17. (Ord . 69-11 § 6, Vo l. 0, p. 130, 1969) 5.20 .060 Traffic control -Crowd protection. Repealed by Ord. 92-17. (Ord . 69-11 § 7, Vol. 0, p. 130, 1969) 5.20.070 Parking facilities. Repealed by Ord. 92-17. (Ord. 69-11 § 8, Vol. 0, p.130, 1969) 5 .20.080 Inspection -Enforcement. No permit shall be granted hereunder unless the applicant shall in writing upon the application for such a permit consent to allow the law enforcement, public health, fire control, and other officers of the County to come upon the premises for which the permit has been granted for the purpose of inspection and enforcement of the terms and conditions under which the permit is granted. (Ord . 2009-22,2009; Ord. 99-06,1999; Ord . 9217,1992; Ord. 69-11 §9, Vol. 0, p.130, 1969) 5.20.090 Permit required -Fee -Regulations. No public assembly of persons for the primary purpose of entertainment, amusement, or sporting events or shows may be held in the county outside the limits of incorporated cities and towns unless the person or persons sponsoring said event shall first obtain a permit as hereinafter provided and shall comply with all regulations and approvals herein provided and that the fee for such permit to meet the cost of administering the same shall be set by resolution of the Board of County Commissioners, but shall initially be $200.00 for each event. (Ord. 2009-22, 2009; Ord. 99-06, 1999; Ord . 92-17,1992; Ord . 69-11 § 10, Vol. 0, pp . 130, 131, 1969) 5.20.100 Penal bond -Bond of indemnity. No permit shall be issued hereunder until the applicant has on deposit with the county treasurer the sum of $5,000 cash or bond as an indemnity to save and protect the streets, pavements, bridges, road signs and other property of the county from any and all damage that may be caused by vehicles, employees, or participants in such amusement, entertainment or assembly and to be used, if necessary, to restore the ground where such amusement, entertainment or assembly is held to a sanitary condition and pay all charges and losses to the county for damage to the streets, pavements, bridges and other property; provided further, that should the licensed event necessitate the deployment of additional county personnel, such added expense, which together with other county expense that exceeds the original permit fee shall be recoverable from the principal and/or its surety. The deposit or its balance is to be returned when the board of county commissioners certifies to the treasurer that no damage has been done and that the county did not incur additional expenses due to said licensed event or that the costs of the above have been paid by the licenSee. (Ord . 2009- 22,2009; Ord . 99-06,1999; Ord. 92-17,1992; Ord . 69-11 § 11, Vol. 0, p.131, 1969) 5.20.110 Posting. The ordinance codified in this chapter shall at all times be kept posted in a conspicuous place where an entertainment, amusement, sporting event, or show or assembly of persons wherein the primary purpose will be entertainment, amusement, sporting event, or show is being conducted . (Ord. 2009- 22,2009; Ord . 9906,1999; Ord . 92-17,1992; Ord . 69-11 § 12, Vol. 0, p. 131, 1969) 5.20.120 Applicant age. No permit shall be issued to any person under 18 years of age . Alcohol shall be prohibited at any event where applicant is under 21 years of age at the time of the event. (Ord. 2009-22, 2009; Ord . 99-06,1999; Ord. 92-17,1992; Ord. 69-11 § 13, Vol. 0, p. 131, 1969) 5.20.130 Statement of right to revoke on permit. Every permit issued under the provisions of this chapter shall state in substance that such permit is issued as a police, sanitary and fire requisition measure, and that the right of the board of county commissioners to revoke such permit without notice or formal hearing is a consideration of its issuance. (Ord. 2009-22, 2009; Ord. 99-06, 1999; Ord. 92-17,1992; Ord . 69-11 § 14, Vol. 0, p. 131, 1969) 5.20.140 Grounds for revocation. Any permit granted hereunder to conduct an event may be revoked without notice or formal hearing by the board of county commissioners upon their finding that any police, sanitary, or fire regulation provided for in this chapter or in the state law has been violated by the permittee, and the action of said board in revoking any such permit shall be final and conclusive. (Ord. 2009-22, 2009; Ord . 99- 06,1999; Ord . 92-17,1992; Ord. 6911 § 15, Vol. 0, p. 131 , 1969) 5.20.150 Revocation not exclusive penalty. The revocation of any permit granted under the provisions of this chapter shall not preclude the imposition of further penalties as provided for in this chapter and the state law, but shall be considered merely as a part of the penalties imposed for violation of the rules and regulations provided for herein and in the state law. (Ord. 2009-22,2009; Ord . 92-17,1992; Ord . 69-11 § 16, Vol. 0, p. 131, 1969) 5.20.160 Closing hours. All events shall not be open to the public before the hour of 7:00 a.m., and shall remain open to the public until such time as approved by the board of county commissioners i n the application process. (Ord. 2014-009, 2014; Ord. 2009-22, 2009; Ord. 99-06, 1999; Ord. 92-17, 1992; Ord. 69-11 § 17, Vol. 0, p. 131, 1969) 5.20.170 Intoxicating liquor prohibited. Repealed by Ord. 2009-22,2009 (Ord. 99-06, 1999; Ord. 92-17,1992; Ord . 69-11 § 18, Vol. 0, p. 131, 1969) 5.20.180 Preserving order -Operator's duty. It is the i ntention to put the burden of preserving order upon the operator of the entertainment, amusement, sporting event, or show or assembly of persons wherein the primary purpose will be entertainment, amusement, sporting event, or show in the county is not being operated in accordance with the rules and regulations prescribed in this chapter and set forth in the state law, the permittee shall be subject to revocation of his or her permit, and the permittee or other individual responsible subject to such other pun ishment as the law and this chapter provides. (Ord . 2009-22, 2009; Ord. 99-06,1999; Ord. 92-17,1992; Ord. 69-11 § 19, Vol. 0, p. 131, 1969) 5.20 .190 Building construction. If the entertainment, amusement, sporting event, or show or assembly of persons wherein the primary purpose will be entertainment, amusement, sporting event, or show is held within a permanent building or structure, such must be of fireproof construction when over one story in height. All buildings to which the public is admitted must have a sufficient number of exits to permit a safe evacuation of all persons therein. All exit doors in buildings of a permanent nature must be equipped with crash hardware. All canvas used in any tent or as a part of any structure must be so treated as to be fire resistant at the time the same is in use. All highly inflammable or explosive liquids or materials are to be kept in a well ventilated location and adequate fire fighting equipment must be maintained in the immediate area . (Ord. 2009-22 , 2009; Ord. 99-06,1999; Ord . 9217,1992; Ord. 69-11 § 20, Vol. 0, p. 132, 1969) 5.20.200 Distance from habitation. No entertainment, amusement, sporting event, or show or assembly of persons wherein the primary purpose will be entertainment, amusement, sporting event, or show shall be operated in a location which is closer than 1,000 feet from any schoolhouse, church or residence; provided, however , that this section shall not apply if the owner of each residence or the governing body of each schoolhouse and/or church within said 1,000 feet shall waive its requirement in writing and the board of county commissioners specifically approves such location in the permit process. (Ord. 2009-22, 2009; Ord. 99-06,1999; Ord. 92-17 , 1992; Ord. 69-11 § 21, Vol. 0, p. 132, 1969) 5.20.210 Permit posting -Non-transferability. Any permit issued as provided in this chapter shall be kept posted in a conspicuous place and no such permit shall be transferable or assignable without the consent of the board of county commissioners; and no rebate or refund of money paid for a permit shall be made. (Ord. 2009-22, 2009; Ord. 99-06, 1999; Ord . 92-17 ,1992; Ord. 6911 § 22 , Vol. 0, p. 132, 1969) 5.20.220 Permit application. An application for a permit to conduct such an event in the county outside the limits of incorporated cities and towns shall be made in writing to the board of county commissioners, and shall be accompanied by a deposit of the fee herein required. It shall be signed and verified upon oath. If the application is made on behalf of a co-partnership the names of the copartners in full, shall be given with their residences and post office addresses for a period of six months immediately prior to the date of the application, together with the location of principal office or place of business of such corporation. The application shall state the location to be occupied; and shall also state that the applicant or applicants will abide by all rules and regulations of this chapter and the state law for the protection of health, morals and safety of the persons employed therein, and for the patrons or participants thereof and for the public. (Ord. 2009-22, 2009; Ord. 99-06, 1999; Ord . 92-17, 1992; Ord. 69-11 § 23, Vol. 0, p. 132,1969) 5.20.230 Violation -Penalty. Any person who violates or fails to comply with any provision of this chapter or who shall counsel, aid or abet such a violation or failure to comply shall be deemed guilty of a misdemeanor and shall be punished as provided in RCW 9A.20.021 (3). Violation of this chapter shall also subject the holder of a Conditional Use Permit to revocation of that permit under KCC 17.60A.1 00. (Ord. 2009 -22, 2009; Ord. 99-06,1999; Ord. 92-17,1992; Ord. 69-11 § 24, Vol. 0, p. 132, 1969) 5.20.240 Compliance. Compliance with the terms and conditions of this chapter shall constitute minimum health, sanitation and safety provisions and failure to comply with the terms and conditions shall constitute a public nuisance and shall be subject to all criminal, civil and equitabie remedies as such. (Ord. 2009-22, 2009 ; Ord. 99-06,1999; Ord. 92-17, 1992; Ord . 69-11 § 25, Vol. 0, p. 132, 1969). 5.20.250 Enforcement. Enforcement of this Chapter shall be through the procedure and in accordance with Title 18 KCC. (Ord. 2009-22, 2009) 5.20.260 Reservation. The County reserves the right to add conditions Oi waive iequirements or conditions of this Chapter as it determines to be in the best interests of the public. It shall give great weight to health and safety concerns in making conditions or granting waivers. (Ord. 2009-22, 2009) 5.20.270 Severability and savings. If any provision of this chapter or its application to any person or property is held invalid, the remainder of this chapter or the application of the provision to other persons or property is not affected and if for any reason this code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. (Ord. 2009-22, 2009) 1 2 3 4 5 6 7 9 10 11 12 13 _____ -_____ -_..-.._ -or BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON ORDINANCE NO tlOP1-~ ORDINANCE CREATING PROCESSES FOR THE OBTAINING OF AN EVENT PERMIT AND FOR THE MODIFYING OR REVOKING OF A CONDITIONAL USE PERMIT. WHEREAS, the health and safety of the people of Kittitas County is of great concern to the Board of Kittitas County Commissioners, and WHEREAS, tbe Board desire to promote the orderly and lawful conduct of persons holding events, and NOW, THEREFORE, BE IT ORDERED, that Chapter 5.20 of Kittitas County Code is modified 'to read as follows: -.... -_ .... _._------_.,.,...-.,._._ .. ,-----_._-_._--_.----_._---_._--- 14 (J'Hf1},pt~H'" !5~2(~ E'qIEf~;T P.:F.J~A~i'r:i 15 16 17 18 19 20 Sections :2,;XQJiQ? .. Legislative Intent j.£Q.GW, Basic clause 2!.!~Q.J:.1.~ Exceptions j.]sL9.~P Permit application· Approval -Denial. ?',.;;;f;!.,n;!.Q Application Form. ?,z\LQ:'l.9: Repeated. },]9. VA! Repealed. ;U&:.Q?Q Repealed. 2Ji},Q§.Q Repealed. ,~"l~I::..QZQ Repealed. ?,JJ1 D2Y Inspection· Enforcement. 21 . ,~L~O .Q9J:l Permit required· Fee -Regulations. 22 23 24 25 ;;.!.?J~oJ.pg Penal bond -Bond of indemnity. ~i..1DJJQ Posting. S .]Q,. 1!.il Applicant Age. 5,;'.0. no Statement of right to revoke on permit. :LtG.~'~io Grounds for revocation. i~I{~:i3.Q Revocation not exclusive penalty. -1-Gregory L. Zempel Kittitas County Prosecuting Att.orney Kittitas County Courthouse -Room 213 Ellensburg, WA 98926 (509) 962-7520 ·' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ~JQ,J~:i!,'.~ Closing hours. 5",~.QJz.Q Intoxicating liquor prohibited. ~U,-~u.:rrQ Preserving order· Operator's duty . . ~?.,).p, L9Jl Building construction. .~L.~'S~2:QQ Distance from habitation. ?:.f.Q,Z.H! Permit posting· Nontransferability. ~i.:.1P'.,?LQ Permit application. ;i}O'?JG Violation· Penalty. :L,ZP,Z1Q Compliance. ?:.f.~U2Q. Enforcement. ~U.\l:.?:!:& Reservation ;).-1.Q:2ZQ Severability and Saving. ~,.2o .. Gn!;; Legislative Intent. ~,-.---.---- The Board of County Commissioners declares it to be the public interest, and for the protection of the health, welfare and property of the residents of the county of Kittitas to provide for the orderly and lawful conduct of any assembly of persons for the primary purpose of entertainment, amusement, or sporting events or shows to be held within Kittitas County by assuring that the proper sanitary, health, fire, safety and police measures are provided and maintained. ~).1f.i.01 0 Basic clause. It is unlawful for any person, corporation, organization, landowner, or lessor to allow, encourage, organize, promote, conduct, permit or cause to be advertised an entertainment, amusement, sporting event, or show or assembly of persons wherein the primary purpose will be entertainment, amusement, sporting event, or show unless a valid county permit has been obtained for the operation of said public amusement, entertainment or assembly. One such permit shall be required for each public entertainment or other amusement events. Criminal or civil liability for failure to comply with the provisions of this chapter shalt rest in all persons, corporations, organizations, landowners or lessors who are responsible for obtaining permits under this section. 5.2G.(j1~ Exceptions. The requirement of KCC 5.20.010 to obtain a permit shall not apply to: (1) De Minimus Except jon Persons, corporations, organizations, landowners or lessors believing that an event falling under KCC 5.20.010 wiU attract less than 300 person and will comply with all other county ordinances and laws of the State of Washington, assuming that such belief is reasonable. (2) Conditional Use Permit Exception Events that occur on a parcel or parcels with a valid Conditional Use Permit that specifically 21 contemplates and authorizes gatherings of more than 300 persons. 22 (3) The Kittitas County Fair, events conducted on the Kittitas County Fairgrounds, or Events conducted by Kittitas County or its subdivisions. 23 . (4) Events held in connection with and upon the same lot as a building that has been permitted, including a passing final inspection. for occupancy of at least as many individuals as are reasonably 24 -2- 25 Gregory L. Zempel Kittitas County Prosecueing Attorney Kitti taF.l County Courthouse -11.00\1\ 21.3 Ellensbul:g, NA 96926 11::'''0\ o~"") _ ..,1:'.., ..... \,JV.J/ ';;V,G.-r..J~V 1 ~ _________ ... _ ..... _ .. ________ ... __ ... _____ _ anticipated at the event, inclusive of any persons that will be at the bu1lding or on the lot even if not 1 in connection with the event. Provided that such building has recieved a passing fire and Life safety inspection from the Kittitas County Fire Marshall's Office within the last year. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Note: The exceptions In this section only waive the requirement of obtaining a permit found in KCC 5.20.015, not the requirement for a public assembly/special event permit from the Fire Marshal, or any other requirement of this Chapter or State or local law. 5,1'O.();'.O Permit application· Approval-Denial. Written application for event permits shall be made to the Board of County Commissioners and the application must be submitted 60 or more days prior to the day upon which such event is to be or may be held. When available, the application should include a completed Event Application Form. ApprQval ' or denial of permits as provided for in this chapter shall be made within 45 days after application. The board of county commissioners may waive or shorten any deadlines set out in this chapter upon the request of the applicant. Denial of the permit or waiver or shortening of deadlines by the Board of County Commissioners shalt be in writing with reasons for the same stated therein. Any denial of the permit shall be subject to appeal to the superior court by action filed within 10 days of the denial. When any type of physical facility is required or subject to approval hereunder, preliminary approval may be granted based upon specific plans proposed and submitted by the applicant. All such facilities shall be in existence five or more days before event for which an application is submitted shall begin and shall be subject to inspection by the approving agencies or departments at their convenience. The inspections shalf be made and approval or disapproval granted on or before the fifth day preceding the event. Failure to act by the County within said period constitutes a waiver of the before mentioned inspection by the County, Should the actual facility or construction fail to meet the standards approved in the proposed plans, such preliminary approval shall be withdrawn and any and all permits granted subject to such approval shall be withdrawn. No inspection fee or approval fee shall be charged other than the general permit fee required hereunder. Every application made under this chapter shall be accompanied by plans for sanitary facilities, food and drink services and facilities, solid waste disposal, fire safety and protection, traffic control, parking, security, liability insurance and a statement of the anticipated impact, including nOise, of the public entertainment, amusement or assembly on the citizens and public agencies of Kittitas County. 16 Upon receipt of the application, the derk for the Board of County Commissioners shall submit copies of I the application to the following officers, agencies or elected officers of Kittitas County or other 17 . governmental or regulatory agencies for their input on the following : IB 19 20 21 22 23 24 25 . 1. The County Health Officer regarding the plan for sanitary facilities, food and drink services and facilities; and 2. The County Fire Marshal regarding fire protection and safety; and 3. The County Sheriff regarding traffic control, parking, security, noise and any other health and safety problems; and 4. The County Prosecuting Attorney regarding liability insurance; and 5. The County Auditor regarding filings or registrations for the payment of any county taxes related to the application; and 6. The County Public Works Department regarding potential impacts on roads; and -3 -Gregory L. Zempel Kittitas Co •. mty Pro"ec~lt.ing Attorney , Kittitas County Courthouse -Rooln 213 , Ell"!I~sbU1:g, WA 98926 (509) 962-7520 7. The County Solid Waste Programs Department regarding solid waste disposal. 1 The application must provide written approval of any other federal, state or local agency if the 2 application involves an event, activity or instrumentality regulated by such agency. If any of the above county officers, agencies or elected officials of Kittitas County do not approve of the portions of the 3 applicant's plans submitted to them; they shall set forth in writing the details supporting their disapproval. 4 5 6 7 5.2D.030 Application Form. Event Application Form: The Clerk of the Board of County Commissioners is hereby charged with creation of a standard "Event Application Form." The Clerk should consult with the county Health Officer, Fire Marshal, Sherriff, Prosecutor, Auditor, Public Works Director and the Solid Waste Director to ensure that the Event Application Form solicits the information necessary for them to make a recommendation on the issues enumerated in KCC 5.20 .020. ~uw, 040 Sanitary facilities. 8 Repealed by Ord. 92-17. (Ord. 69-11 § 5, Vol. 0, pp. 129, 130, 1969). 9 5.:7.{J,D5lJ Fire facilities. Repealed by Ord. 92-17 . (Ord . 69-11 § 6, Vol. 0, p. 130,1969). 10 5. In.Oiifl Traffic controi -Crowd protection. 11 Repeated by Ord. 92-17. (Ord. 69-11 § 7, Vol. 0, p. 130, 1969). 12 5.:l~),i)70 Parking facilities. 13 14 15 16 17 18 19 20 21 22 23 24 2S Repealed by Ord. 92-17. (Ord. 69-11 § 8, Vol. 0, p. 130, 1969). ;:;.2!,UHW Inspection' Enforcement. No permit shall be granted hereunder unless the applicant Shall in writing upon the application for such a permit consent to allow the law enforcement, public health, fire control, and other officers of the County to come upon the premises for which the permit has been granted for the purpose of inspection and enforcement of the terms and conditions under which the permit is granted. (Ord. 99-06, 1999; Ord. 9217, 1992; Ord. 69-11 § 9, Vol. 0, p.130, 1969). 5.1G,(}~G Permit required -Fee· Regulations. No public assembly of persons for the primary purpose of entertainment, amusement, or sporting events or shows may be held in the county outside the limits of incorporated cities and towns unless the person or persons sponsoring said event shall first obtain a permit as hereinafter provided and shall comply with all regulations and approvals herein provided and that the fee for such permit to meet the cost of administering the same shall be set by resolution of the Board of County Commissioners, but shall initially be $200.00 for each event. ·~~.21}.WO Penal bond· Bond of indemnity. 1'10 permit shall be issued hereunder until the applicant has on deposit with the county treasurer the . sum of $5,000 cash or bond as an indemnity to save and protect the streets, pavements, bridges, road signs and other property of the county from any and all damage that may be caused by vehicles, , employees, or participants in slIch amusement, entertainment or assembly Clnd to be used, if necessary, to restore the ground where such amusement, entertainment or assembly is held to a sanitary condition and pay all charges and losses to the county for damage to the streets, pavements, bridges and other property; provided further, that should the licensed event necessitate the -4 -Gregory L. Zempel Kittitas County Prosecuting Z.tt.orney Kittitas Co~mty Courthouse -Room 213 Ellen,;burg, WA 98926 (509) 962-7520 1 2 3 4 5 6 deployment of additional county personnel, such added expense, which together with other county expense that exceeds the original permit fee shalt be recoverable from the prindpal and/ or its surety. The deposit or its balance is to be returned when the board of county commissioners certifies to the treasurer that no damage has been done and that the county did not incur additional expenses due to said licensed event or that the costs of the above have been paid by the l1censee. (Ord. 99-06, 1999; Ord. 92-17,1992; Ord. 69-11 § 11, Vol. 0, p. 131, 1969). ~j,.LG·. t 10 Posting. The ordinance codified in this chapter shalt at all times be kept posted in a conspicuous place where an entertainment, amusement, sporting event, or show or assembly of persons wherein the primary purpose will be entertainment, amusement, sporting event, or show is being conducted. (Ord. 9906, 1999; Ord. 92-17,1992; Ord. 69-11 § 12, Vol. 0, p. 131, 1969). ;'1.2(1, '1 20 Applicant Age. 7 . No permit shalt be issued to any person under 18 years of age. Alcohol shall be prohibited at any event where applicant is under 21 years of age at the time of the event. (Ord. 99-06, 1999; Ord. 92-17, 1992; 8 Ord. 69-11 § 13, Vol. 0, p.131, 1969). 9 10 11 12 13 14 15 16 17 ~~.:W_1 :W Statement of right to revoke on permit. Every permit issued under the provisions of this chapter shall state in substance that such permit is issued as a police, sanitary and fire requisition measure, and that the right of the board of county commissioners to revoke such permit without notice or formal hearing is a consideration of its issuance. (Ord. 99-06,1999; Ord . 92-17, 1992; Ord. 69-11 § 14, Vol. 0, p. 131,1969). ~j .2n. ~ 40 Grounds for revocation. Any permit granted hereunder to conduct an event may be revoked without notice or formal hearing by the board of county commissioners UPOI) their finding that any police, sanitary, or fire regulation provided for in this chapter or in the state law has been vioLated by the permittee, and the action of said board in revoking any such permit shall be final and conclusive. >;;.:eD. i 50 Revocation not ~xclusive penalty. The revocation of any permit granted under the provisions of this chapter shall not precLude the imposition of further penalties as provided for in this chapter and the state law, but shall be considered merely as a part of the penalties imposed for violation of the rules and regulations provided for herein and in the state law. (Ord. 92-17, 1992; Ord. 69-11 § 16, Vol. 0, p. 131, 1969). 5,.20,160 Closing hours. 18 AU events shall not be open to the public before the hour of 10:00 a.m., and shall remain open to the public until such time as approved by the board of county commissioners in the application process. 19 !UO, no Intoxicating liquor prohibited. 20 Repealed by Ord. 09-XX 21 . ~L20. HW Preserving order· Operator's duty. It is the intention to put the burden of preserving order upon the operator of the entertainment, amusement, sporting event, or show or assembly of persons wherein the primary purpose will be entertainment, amusement, sporting event, or show in the county is not being operated in accordance with the rules and regulations prescribed in this chapter and set forth in the state taw, the permittee shall be subject to revocation of his or her permit, and the permittee or other Individual responsible subject to such other punishment as the law and this chapter provides. 22 23 24 25 Gregory L. Zempel Kictitas County prosecuting I\~torney l<ittil:as County Courthouse -Room 213 Ellensburg, WA 98926 (509) 962-7520 1 2 3 4 5 5.20. 'l'!iO Building construction. If the entertainment, amusement, sporting event, or show or assembly of persons wherein the primary purpose will be entertainment , amusement, sporting event, or show is held within a permanent building or structure, such must be of fireproof construction when over one story in height. All buildings to which the public is admitted must have a sufficient number of exits to permit a safe evacuation of all persons therein. All exit doors in buildings of a permanent nature must be equipped with crash hardware. AU canvas used in any tent or as a part of any structure must be so treated as to be fire resistant at the time the same is in use. All highly inflammable or explosive liquids or materials are to be kept in a well ventilated location and adequate fire fighting equipment must be maintained , in the immediate area. S. 7.0 .:lOO Distance from habitation. 6 No entertainment, amusement, sporting event, or show or assembly of persons wherein the primary purpose will be entertainment, amusement, sporting event, or show shall be operated in a location 7 which is closer than 1,000 feet from any schoolhouse, church or residence; provided, however, that this section shall not apply if the owner of each residence or the governing body of each schoolhouse 8 and/or church within said 1,000 feet shaH waive its requirement in writing and the board of county commissioners specifically approves such location in the permit process . 9 10 11 12 13 14 15 16 17 18 19 20 S, 20 ,;1. ! G Permit posting -Non-transferability. Any permit issued as provided in this chapter shall be kept posted in a consplcuoU5 place arid no such permit shall be transferable or assignable without the consent of the board of county commissioners; and no rebate or refund of money paid for a permit shall be made. (Ord. 99-06, 1999; Ord. 92-17, 1992; Ord. 6911 § 22, Vol. 0, p. 132, 1969). 5,.20 .1.20 Permit application. An application for a permit to conduct such an event in the county outSide the limits of incorporated cities and towns shall be made in writing to the board of county commissioners, and shall be accompanied by a deposit of the fee herein required. It shall be signed and verified upon oath. If the application is made on behalf of a co-partnership the names of the'copartners in full, shall be given with their residences and post office addresses for a period of six months immediately prior to the date of the application, together with the location of principal office or place of bUSiness of such corporation. The application shall state the location to be occupied; and shall also state that the applicant or applicants wilt abide by aU rules and regulations of this chapter and the state law for the protection of health, morals and safety of the persons employed therein, and for the patrons or participants thereof and for the public. S.:W.23 0 Violation -Penalty. Any person who violates or fails to comply with any provision of this chapter or who shall counsel, aid or abet such a violation or failure to comply shall be deemed guilty of a misdemeanor and shall be punished as provided in P:['YL 'M.,:~\LWJ (3). Violation of this chapter shall also subject the holder of a Conditional Use Permit to revocation of that permit under KCC 17 .60A .100 . !);.2G, tAO Compliance. 21 Compliance with the terms and conditions of this chapter shall constitute minimum health, sanitation and safety provisions and failure to comply with the terms and conditions shall constitute a public 22 nuisance and shall be subject to all criminal, civil and equitable remedies as such. 23 5 .20.2.50 Enforcement. Enforcement of this Chapter shall be through the procedure and in accordance with Title 18 KCC. 24 25 Gregory L. Zempel Kittitas County Prosecuting Attorney Kittitas County Courthouse -Rooll' 213 Ellensburg, WA 98926 lcnr">' nc.., ...,r:: ..... n \.....Iv.7/ ;;n.:J':='-rJ4V 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 -__ -'. -.. ~--...,. _._--- :}, 2Cl. 260 Reservation. The County reserves the right to add conditions or waive requirements or conditions of this Chapter as it determines to be in the best interests of the public. It shall give great weight to health and safety concerns in making conditions or granting waivers. S,ll1.2irJ Severability and Savings. If any provision of this chapter or its application to any person or property is held invalid, the remainder of this chapter or the application of the provision to other persons or property is not affected and if for any reason this code should be declared invalid or unconstitutional. then the original ordinance or ordinances shall be in full force and effect. NOW, THEREFORE, BE IT FURTHER ORDERED, tIlat a subsection (I) of Section 18.01.010 of Kittitas County Code is modified to read as follows: HUH .GiG Applicability. 1. This title shall apply to the enforcement of Kittitas County ordinances and codes, related to building, zoning, and environmental health and safety, the violation of which are hereby declared a public nuisance: 1. Title 5, Business Licenses And Regulations; 2. Title 8, Health, Welfare, and Sanitation; 3. Title 12, Roads and Bridges; 4. Title 13, Water and Sewers; 5. Title 14, Buildings and Construction; 6. Title 15, Environmental Policy; 7. Title 16, Subdivisions; 8, Title 17, Zoning; and '!.(~'!;'.1.7]:J2:.2.:Z';~, Kittitas County Shoreline Master Program; 9. The Kittitas County Health Code. NOW, THEREFORE, BE IT FURTHER ORDERED, that a new section 17.60Al 00 be added to the Kittitas County Code and that it read as follows: 17. MlA, j;fW Revocation or Modification. The Board of County Commissioners may hold a hearing to revoke or additionally limit a Conditional Use Permit granted pursuant to the provisions of this Chapter. Ten days prior to the hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which such Conditional Use Permit was granted. Notice shall be deemed delivered 3 days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the County. A Conditional Use Permit may be revoked or modified by the Board if any 1 of the following findings can be made: 1. That circumstances have changed so that 1 or more of the Conditions of 17.60A.020 are no longer met; 2. That the Conditional Use permit was obtained by misrepresentation or fraud; 3. That one or more of the conditions of the Conditional Use Permit have not been met; 4. That the use for which the Conditional Use Permit was granted had ceased or was suspended for twelve or more consecutive calendar months; -7-Gregory L. Zempel Kit.titas County l?t'osecoting AttO).'lley Kittitas County Courthouse -Room 213 Ellensburg, ~lA 98926 (509) 962-7520 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 5. That the actual or permitted use is in violation of any statute, ordinance, law, or regulation; or 6. That the U5e permitted by the Conditional Use Permit is detrimental to the public health, safety or welfare or constitutes a nuisance. The Board's decision shall be subject to judicial appeal under the provisions of Chapter 15A.OB KCC. The Board's decision shall not be effective for 21 days after being entered. The Superior Court in reviewing the Board's decision to revoke a CUP may grant a stay during the pendency of any appeal upon a finding that such a stay is necessary to avoid manifest injustice or upon stipulation by the County. III , III ffl III III 11/ III Iff III /1/ ADOPTED this ;Jrf£ay of '11. pfl{!J1'Lrbt.r' 2009 . Approved as to Form BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Commissioner, Chairman Brent Bottoms Civil Deputy signing for ~ ;~~~~~~t ~~g Z:~~~;ney ~~"",~_.j .. ~ •. ~ .. ~.~!:l .. , .. ;Z.===. =====:::====:... Commissioner, Vice-Chairman Commissioner -8-Gregory L. Zempel Kittitas County Prol3ecucing ACtor11ey I<i ttitas County Courthouse -Room 213 Ellensburg. vl/\ 98926 (509) 962-7520