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(1) The application provided under this chapter shall be accompanied by the payment of a permit fee as set forth in Chapter 3.35 PMC for each of the following categories:

(a) Auctions;

(b) Carnivals and circuses;

(c) Concerts, athletic and competitive events and festivals;

(d) Dance hall. Base permit fee as provided in PMC 5.05.130 and 5.05.140 is applicable;

(e) Demonstrations, parades, public dances;

(f) Outdoor music festivals;

(g) Temporary Special Sales Events. The permit fee shall be calculated per vendor, except for businesses already holding a current city business license. In no event shall a total business license for such an event exceed the maximum fee set forth in Chapter 3.35 PMC for temporary sales events. The fee shall be paid by the promoter for each vendor who intends to be included under the promoter’s temporary special sales event permit and shall be remitted by the promoter to the City three days prior to commencement of the temporary special sales event. The promoter shall be personally responsible for all sums collected, or any sum which should have been collected from a vendor.

(2) In the event the City is to provide either all or a portion of the crowd or traffic control, in addition to the fee provided above, an additional fee in the amount to be determined by the Chief of Police, which will be calculated upon the number of police officers that must be present to provide adequate public safety, multiplied by the current overtime hourly rate paid for the highest patrolman classification in effect at the time of the event for the period of time for which traffic and/or crowd control will be necessary.

(3) The permit fee (other than the City’s costs for crowd and/or traffic control) may be waived by the City Council upon application sponsored by a bona fide nonprofit corporation, charity, religious or political organization.

No fee shall be imposed when prohibited by the First and Fourteenth Amendments to the United States Constitution or the Washington Constitution. Political or religious activity intended primarily for the communication or expression of ideas shall be presumed to be a constitutionally protected event. Factors that may be considered in evaluating whether or not the fee applies include: the nature of the event; the extent to which the fee creates an unreasonable burden upon constitutionally protected activities; the extent of commercial activity, such as the sales of goods, food, and services; product advertising or promotion, or other business participation in the event; the use or application of any funds raised in the conduct of previous events sponsored by the same promoter.

(4) Bond. The City may require the posting of a bond of sufficient amount to insure the satisfactory compliance with the conditions of permit issuance, including the costs of cleanup and repairs.

(5) Nothing herein shall relieve any promoter or applicant from complying with all other required federal, state, and local regulations, fees and licensing requirements.

(6) The permit fee shall be paid prior to the event and shall not be refundable. [Ord. 4372 § 33, 2017; Ord. 3560 § 22, 2002; Ord. 3524 § 4, 2001; Code 1970 § 5.25.070.]