5.12.015 Temporary sales activities.
A. Any person, firm or corporation providing premises or facilities for the temporary sale activities of other persons, firms or corporations other than the temporary sale activities of nonprofit, religious, educational or charitable organizations, which combined sales activities are commonly known as or similar to a flea market or swap meet, shall make application with the city’s finance department for a master business registration certificate for temporary sales. Such application shall be accompanied by the fee established by resolution of the city council for each three days or portion thereof during which such temporary sales activities are planned to take place upon the premises or in the facilities of the applicant with a maximum fee for the calendar year or the balance thereof in the sum so established by resolution. The application shall be processed and referred and the master certificate granted or denied in the same manner as is specified in LMC 5.12.010(B).
B. Any person holding a master certificate for temporary sales shall be required to:
1. Issue, on behalf of the city, to each temporary seller, a seller’s permit for each day the seller conducts sales activities and charge for the issuance of the permit the sum established by resolution of the city council, which sum shall be remitted to the city. Upon issuing the permit, the name, address, telephone number and Washington driver’s license or other identification number of the seller, and the booth number and the identification or serial numbers of all property to be sold containing such numbers, shall be recorded and maintained for inspection by the city;
2. Collect from each person, firm or corporation conducting temporary sales activities on the premises, Washington State sales tax and remit the same to the State of Washington, Department of Revenue. A record of the sales by each temporary seller shall be recorded on a three-part form sanctioned by the State Department of Revenue with one copy provided to the Department of Revenue and one copy provided to the city.
C. Any person conducting sales activities on the premises or in the facilities provided by the holder of a master certificate shall be required to:
1. Provide accurate information required to be recorded by the master certificate holder including a full and complete listing of all identification or serial numbers of merchandise containing said numbers;
2. Complete the sales tax form referred to in LMC 5.12.015(B), and deposit all sales taxes due with the master certificate holder;
3. Display prominently at the location in which the sales activities are conducted the day seller’s permit issued by the master certificate holder on behalf of the city;
4. If any food is to be sold, prominently display proof of county health department approval of the sales in the location in which the sales are to be made.
D. The city shall have the authority to inspect the premises and the merchandise of each seller at any reasonable time to carry out the provisions of this chapter. If, upon the basis of the inspection, it is determined that there is a reasonable likelihood that stolen property is being sold or fraud upon the public is being perpetrated by an individual seller, the police chief or his designee may prohibit further sales by the seller; provided, however, that an individual seller shall have the right to appeal the prohibition to the director of finance within five days after the prohibition taking effect.
E. A master certificate will be valid for the calendar year for which the certificate is issued. The city shall issue a new registration certificate for each calendar year during which the business continues to operate after the initial calendar year in which the business is registered upon the receipt of a yearly fee equal to the application fee set forth in this section.
F. If the holder of the master certificate fails to comply with requirements of this section, or allows sales activities to take place after being notified to prohibit sales by a particular seller, the finance department may revoke the master certificate or refuse to issue a new master certificate for a subsequent calendar year. (Ord. 1262 §7, 2006; Ord. 1021 §26, 1995; Ord. 968 §10, 1993; Ord. 666 §7, 1982; Ord. 646 §2, 1982).