HomeMy WebLinkAbout5/8/2018 - City Council - City Council Meeting Agenda Packet
East Wenatchee City Council Meeting
Tuesday, May 08, 2018
East Wenatchee City Hall
271 9th Street NE
East Wenatchee, WA 98802
AMENDED AGENDA
6:30 p.m. Regular Meeting
1. Call to Order, Roll Call and Pledge of Allegiance.
2. Consent Items:
a. 3/29/2018 Council Workshop Meeting Minutes.
b. 4/24/2018 Council Meeting Minutes.
• Motion to approve agenda, vouchers, and minutes from previous meetings.
3. Citizen Requests/Comments.
The “Citizen Comments” period is to provide the opportunity for members of the public to address the
Council on items either not on the agenda or not listed as a public hearing. The Mayor will ask if there are
any citizens wishing to address the Council. When recognized, please step up to the microphone, give
your name and mailing address, and state the matter of your interest. If your interest is an agenda item,
the Mayor may suggest that your comments wait until that time. Citizen comments will be limited to
three minutes.
4. Public Hearings.
The Mayor will call the Public Hearing to order and state the ground rules, the purpose of the hearing, the
action that the hearing body may take on the matter, will address the appearance of fairness doctrine,
and will state the manner in which the hearing will proceed. Staff will first give a report, followed by
testimony of experts and/or the applicant, followed then by public testimony. All speakers must speak
into the microphone and clearly state their names and addresses. All comments should be addressed to
the hearing body, should be relevant to the application, and should not be of a personal nature. Public
testimony may be limited to three minutes, unless further time is granted by the Mayor. If there are a
large number of speakers, a representative may be appointed to speak on behalf of the group.
a. A Public Hearing for the Interim Zoning Controls Relating to Crypocurrency Mining
Operations. This hearing is required by RCW 35A.63.220 to adopt findings of fact and
conclusions to support the adoption of the interim regulations.
5. Department Report.
a. East Wenatchee Events Department / Classy Chassis.
6. Mayor’s Report.
a. Council vacancy application review.
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7. Action Items.
a. Ordinance No. 2018-07, an Ordinance of the City of East Wenatchee setting the fee
for a temporary business license by amending Section 5.04.130 of the City of East
Wenatchee Municipal Code.
Second Reading.
Motion by Council to approve Ordinance 2017-07 Amending Section 5.04.130 of
the East Wenatchee Municipal Code.
b. The first reading of Ordinance No. 2018-08, an Ordinance of the City of East
Wenatchee repealing the existing Chapter 5.12 of the East Wenatchee Municipal
Code and enacting a new Chapter 5.12 regulating pawnbrokers and secondhand
dealers.
c. Resolution No. 2018-08, a Resolution of the City of East Wenatchee, Washington
authorizing the Mayor to sign the Interlocal Cooperation Agreement between the
City of East Wenatchee and the East Wenatchee Water District for Utility Work and
Pavement Overlay Projects on Johnson Place, S. Iowa Ave., Tedford St. SE, S. June
Ave., and 1st St. SE, East Wenatchee, WA.
Staff report by Project Development Manager Tom Wachholder.
Motion by Council to approve Resolution No. 2018-08 authorizing the Mayor to
sign the Interlocal Agreement between the City of East Wenatchee and the East
Wenatchee Water District.
d. Washington State Archives Local Records Grant Program award in the amount of
$45,000.00 To the City of East Wenatchee for an Enterprise Records Management
Program (Laserfiche Software Purchase).
Staff report by City Clerk, Maria Holman.
Motion by Council to authorize the Mayor to accept the grant with the Washington
State Archives.
8. Council Reports & Announcements.
a. Reports/New Business of Council Committees
9. Adjournment.
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East Wenatchee City Council Meeting
Tuesday, April 24, 2018
East Wenatchee City Hall
271 9th Street NE
East Wenatchee, WA 98802
Minutes
In attendance: Staff in attendance:
Mayor Steven Lacy Devin Poulson, City Attorney
Councilmember John Sterk Tom Wachholder, Land and Water Resource Manager
Councilmember Harry Raab Nick Gerde, Finance Director
Councilmember Chuck Johnson Maria Holman, City Clerk
Councilmember Sandra McCourt
Councilmember Timothy J. Detering
Councilmember Matthew Hepner
6:30 p.m. Regular Meeting
1.Call to Order, Roll Call and Pledge of Allegiance.
Motion to excuse Councilmember Jerrilea Crawford by Councilmember Chuck Johnson.
Councilmember Tim Detering seconded the motion. Motion carried (6-0).
2.Consent Items:
Motion to approve agenda, vouchers, and minutes from previous meetings.
•Motion to approve consent items by Tim Detering. Councilmember John Sterk
seconded the motion. Motion carried (6-0).
3.Citizen Requests/Comments. None.
4. Presentations.
a.10-Year Public Service Award Presented to Joe Hinkle, who was present to receive it.
b.SCJ Alliance Gateway Presentation by Dan Ireland.
Comments provided by Mayor Steve Lacy and Councilmembers Tim Detering, Matt
Hepner, John Sterk, and Chuck Johnson. Finance Director Nick Gerde provided
additional comments.
5.Department Report.
a.Land and Water Resource Program Manager Tom Wachholder provided a Public
Works Construction Report.
b.Finance Director Nick Gerde provided a March Finance Department Report.
Comments provided by Mayor Lacy, and Councilmembers Tim Detering.
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6.Mayor’s Report.
a.The mayor recognized the City of East Wenatchee Wellness Committee for their
work and efforts resulting in savings for the City and employees.
b.A Certificate of Appreciation was presented to Councilmember Sandra McCourt for
her Service to the city of Wenatchee 2004 – 2018.
c.The Mayor provide an update on Tom Wachholder’s new position as Project
Development Manager that will be effective on May 01, 2018.
d.The Mayor provided an update on the Wenatchee Valley Museum and Wells House,
asset of the community. Comments included City funds, 2015 Contract, and
Museum reporting requirements.
7.Action Items.
a.The first reading of Ordinance 2018-07, an Ordinance of the City of East Wenatchee
setting the fee for a temporary business license by amending Section 5.04.130 of
the East Wenatchee Municipal Code.
City Clerk Maria Holman presented the staff report.
Comments provided by Councilmembers Chuck Johnson, John Sterk, Matt Hepner
and Tim Detering.
b.Gateway Project Bid Decision review
Land and Water Resource Program Manager Tom Wachholder presented the staff
report.
Motion to reject all the bids for the Gateway Project by Tim Detering.
Councilmember Chuck Johnson seconded the motion. Motion carried. (6-0)
8.Council Reports & Announcements.
a.Councilmember Chuck Johnson provided information about the registration for the
AWC Convention happening in June.
b.Councilmember Matt Hepner informed the council about the Economic
Development Board and conference at the Convention Center tomorrow.
9.Adjournment. With no further business, the meeting adjourned at 7:34 p.m.
Steven C. Lacy, Mayor
Attest:
Maria E. Holman, City Clerk
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City of East Wenatchee, Washington
Ordinance No. 2018-06
An Ordinance of the City of East Wenatchee adopting interim zoning controls relating to cryptocurrency mining operations in commercial and residential zoning districts, to be effective for a period of six months, setting a public hearing date, declaring an emergency necessitating immediate adoption and containing a severability clause.
Una ordenanza de la ciudad de East Wenatchee adoptando controles de zonificación interinos relacionados con las operaciones mineras de criptomonedas en distritos de zonificación comerciales y residenciales, con vigencia por un período de seis meses, estableciendo una fecha de audiencia pública, declarando una emergencia que requiere adopción inmediata y que contiene una divisibilidad cláusula.
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al alternatformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@east-wenatchee.com, at (509) 884-9515, or at 711 (TTY).
2. Recitals.
2.1. The City of East Wenatchee (“City”) is a non-charter code city, duly incorporated and operating under the laws of the State of Washington.
2.2. Cryptocurrency mining or bitcoin mining is a process where computers work continuous to solve algorithms to maintain and build an algorithmic chain, or blockchain, and in exchange are granted cryptocurrency. Cryptocurrency is a term encompassing code-based protocols supporting an electronic, non-physical media for the exchange of value, a form of virtual currency.
2.3. Virtual currency is regulated by the state of Washington in RCW 19.230 the Uniform Money Services Act.
2.4. The process of cryptocurrency mining uses specialized computer hardware typically consuming electricity on a continuous basis, creating a Non-Diverse Load situation which can produce significant impacts on electrical distribution infrastructure and may create a fire safety hazard.
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2.5. The monetary value of cryptocurrencies fluctuates and recently has been achieving high market prices. The high value of the cryptocurrency coupled with the region’s low electricity rates have made this community extremely attractive for locating cryptocurrency mining operations.
2.6. Since this is generally a new technology, energy consumption characteristics of cryptocurrency mining was not envisioned in the development of the community’s infrastructure plans. Many systems are not designed for high energy loads necessitated by cryptocurrency mining.
2.7. If the current trends continue where cryptocurrency mining becomes increasingly prevalent, the Douglas County Public Utility District (PUD) may not be able to meet the community’s electricity consumption needs in a timely manner and therefore the community would not be able to accommodate its projected growth without the siting and construction of significant electrical infrastructure including power substations and transmission lines.
2.8. The City needs to review its codes and ordinances related to cryptocurrency uses in a comprehensive manner to determine what amendments are necessary to more adequately address the siting and permitting process for such facilities.
2.9. City staff, in cooperation with Douglas County PUD staff, need time to study the impacts cryptocurrency mining has on the electricity distribution network and to develop standards to appropriately evaluate and address the impacts.
2.10. The City Council finds that it is in the best interests of the City and its citizens to impose interim official zoning controls for a period of 6 months to provide more time to investigate this issue further to evaluate the best alternatives for the community.
3. Authority.
3.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the good government of the City.
3.2. RCW 35A.63.220 and RCW 36.70A.390, authorize the City Council to establish interim official zoning controls.
4. Purpose. The purpose of this interim official zoning control is to allow the City adequate time to comprehensively review and amend its regulations. To promote and protect the public health, safety and welfare, preserve the aesthetic
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character of the East Wenatchee community, adequately address infrastructure planning, and to reasonably regulate the development and operation of cryptocurrency mining operations within the City to the extent permitted under State and federal law
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS:
5. Interim Official Zoning Controls. The City Council hereby enacts interim official zoning controls for a 6-month period under RCW 36.70A.390 to preserve the status quo so that new regulations will not be rendered moot by intervening development.
6. Public hearing. A duly advertised public hearing shall be conducted on May 8, 2018.
7. Findings of Fact. The City Council adopts as its preliminary findings of fact the recitals set forth above. The Council may adopt additional findings in the event evidence is presented to the City Council at the public hearing held for this ordinance.
8. Amendment 1. The City Council adds a new definition Section 17.08.194 to the East Wenatchee Municipal Code (EWMC) to read as follows:
“Cryptocurrency” means a digital currency in which encryption techniques are used to regulate the generation of units of currency and verify the transfer of funds, operating independently of a central bank. Bitcoin is the most common example of cryptocurrency.
9. Amendment 2. The City Council adds a new definition Section 17.08.195 to the EWMC to read as follows:
“Cryptocurrency mining” means the operation of specialized computer equipment for the primary purpose of mining one or more blockchain based cryptocurrencies such as Bitcoin. This activity typically involves the solving of algorithms as part of the development and maintenance of a blockchain which is a type of distributed ledger maintained on a peer-to-peer network. Typical physical characteristics of cryptocurrency mining include specialized computer hardware with a Non-Diverse Electrical use for mining operations as well as equipment to cool the hardware and operating space. For the purposes of the associated regulations, cryptocurrency mining does not include the exchange of cryptocurrency or any other type of virtual currency nor does it encompass the use, creation, or maintenance of all types of peer-to-peer distributed ledgers.
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10. Amendment 3. The City Council amends the Home Occupation chapter at EWMC 17.66.050 to read:
17.66.050 Prohibited uses. The following uses are deemed to be prohibited:
A. Clinics or hospitals;
B. Adult entertainment facilities;
C. Mortuaries or funeral homes;
D. Commercial print shops;
E. Rental of trailers;
F. Restaurants and cafes;
G. Veterinary clinics or hospitals, stables or kennels;
H. Painting, detailing, service or repair of any vehicle, including recreational vehicles and water craft;
I. Retail sales of goods not made on the premises, except as provided in EWMC 17.66.030(I);
J. Outdoor storage of building or construction materials not intended for immediate use in or on the premises;
K. Marijuana production, marijuana processing, marijuana retailer, and medical marijuana collective gardens;
L. Cryptocurrency mining; and
M. All other uses which do not comply with the intent of this chapter or the standards set forth in EWMC 17.66.030 and 17.66.060, or the definition of a home occupation set forth in EWMC 17.08.320.
11. Amendment 4. The City Council amends EWMC 17.72.150 to read:
17.72.150 Storage and display standards. A. General. All permitted storage shall be located entirely within an enclosed building or shall be screened from view of the surrounding properties with a sight-obscuring and/or landscaping in accordance with the requirements of EWMC 17.72.080(A) for Type I landscaping, except as otherwise required by this title.
1. No storage of materials shall be located within any required front yard.
2. Storage of scrap lumber, metals, glass and other material sold or offered for sale is prohibited within residential classifications.
3. The placement and use of cargo containers, railroad cars, semi-truck trailers and other similar storage containers proposed as accessory storage or any other
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purpose shall be prohibited, except for the temporary use of such containers to secure materials, tools and equipment at a construction site during an active construction project that has received a building permit from the City. All such containers shall be removed from the site prior to final inspection and/or issuance of a certificate of occupancy. The placement of said containers related to an active, permitted construction project must comply with setbacks and applicable building and fire safety codes. .
B. Display/Exhibits. The display of products or outdoor exhibits for public view or show is permitted; provided, that products for sale or rent are stored or displayed outdoors only during business hours and that such products are not located within any pedestrian walkways, parking areas or rights-of-way. Displays of automobiles, boats, farm equipment, and recreational vehicles intended for sale or lease are exempt from this provision, provided they are located within an approved display area.
12. Amendment 5. The City Council adds a new Section 17.72 .270 Cryptocurrency mining to read as follows:
17.72.270 Cryptocurrency mining Cryptocurrency mining operations are permitted only within the General Commercial and Central Business District Zoning Districts. In addition to compliance with the requirements for those Zoning Districts all projects must meet the following standards, unless otherwise regulated within this code:
A. Applications shall be processed as an administrative review under Type IB if exempt from SEPA review or a Type IIA if not exempt from SEPA review under EWMC 19.01.030.
B. The use of cargo containers, railroad cars, semi-truck trailers and other similar storage containers for any component of the operation is strictly prohibited.
C. Prior to issuance of a building permit, the applicant shall provide written verification from Douglas County Public Utility District (PUD) that the PUD has
calculated the potential electrical consumption of the proposed use and has verified the utility supply equipment and related electrical infrastructure is sufficiently sized and can safely accommodate the proposed use.
D. Prior to City issuance of a certificate of occupancy, the applicant must provide a copy of the Washington State Department of Labor and Industries electrical permit and written verification that the electrical work has passed a final inspection.
13. Duration/Renewal. The interim official zoning controls imposed by the Ordinance shall be effect for a period of six months from the date this ordinance is passed and shall automatically expire at the conclusion for that six-month
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period unless extended as provided for in RCW 35A.63.220 and RCW 36.70A.390, or unless terminated sooner by the City Council.
14. Declaration of Emergency. The City Council hereby declares that an emergency exists necessitating that this Ordinance take effect immediately upon passage. Without an immediate interim official control on the City’s acceptance of development applications for cryptocurrency mining within the City limits, such applications could become vested, leading to development that could be incompatible with the development regulations eventually adopted by the City. This interim official control must be imposed as an emergency measure to protect the public health, safety and welfare, and to prevent the submission of applications to the City with the intent to establish vested rights for an indefinite period of time. The underlying facts necessary to support this emergency declaration are included in the Recital clauses above.
15. Severability. If a court of competent jurisdiction declares any provision in this Ordinance to be contrary to law, such declaration shall not affect the validity of the other provisions of this Ordinance
16. Publication. The City Council directs the City Clerk to publish a summary of this Ordinance. The summary shall consist of the title of this Ordinance. The City Council directs the City Clerk to publish a copy of this Ordinance on the City’s website
17. Effective Date. This Ordinance, as a public emergency ordinance necessary for the protection of the public health, public safety, public property, or public peace, shall take effect and be in full force immediately upon its adoption. To remain in effect, however, the City Council must hold a public hearing regarding this Ordinance within 60 days of adoption.
Passed by the City Council of East Wenatchee, at a regular meeting thereof on this __________ day of _____________________________, 2018.
The City of East Wenatchee, Washington By _________________________________ Steven C. Lacy, Mayor Authenticated: _____________________________________ Maria Holman, City Clerk
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Approved as to form only: _____________________________________ Devin Poulson, City Attorney Filed with the City Clerk: __________ Passed by the City Council: __________ Published: __________ Effective Date: __________
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Summary of Ordinance No. 2018-06
Of the City of East Wenatchee, Washington
.
On the __________ day of ____________________________________, 2018, the City Council of the City of East Wenatchee, Washington approved Ordinance No. 2018-06, the main point of which may be summarized by its title as follows:
An Ordinance of the City of East Wenatchee adopting interim zoning controls relating to cryptocurrency mining operations in commercial and residential zoning districts, to be effective for a period of six months, setting a public hearing date, declaring an emergency necessitating immediate adoption and containing a severability clause.
The full text of this Ordinance is available at www.east-wenatchee.com.
Dated this __________ day of ________________________________, 2018.
_____________________________ Maria Holman, City Clerk
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CITY OF EAST WENATCHEE COUNCIL AGENDA BILL To: Mayor and Council.
From/Presenter: Maria Holman
Subject: Ordinance No. 2018-07, Temporary Business Licenses.
Date: 05/08/2018
I. Summary Title: An Ordinance of the City of East Wenatchee setting the fee for a temporary
business license by amending Section 5.04.130 of the East Wenatchee Municipal Code.
II. Background/History: This Ordinance updates the language used to regulate temporary
vendors, peddlers, and door to door solicitors in our City.
III. Recommended Action: Motion to approve Ordinance No. 2018-07 as presented.
IV. Exhibits: Ordinance 2017-07
Financial Data:
Expenditure Required Amount Budgeted Appropriation Required
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City of East Wenatchee, Washington
Ordinance No. 2018-07
An Ordinance of the City of East Wenatchee setting the fee for a temporary business license by amending Section 5.04.130 of the East Wenatchee Municipal Code.
Una Ordenanza de la Ciudad de East Wenatchee establece la tarifa de una licencia comercial temporal al enmendar la Sección 5.04.130 del Código Municipal de East Wenatchee.
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al alternatformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@east-wenatchee.com, at (509) 884-9515, or at 711 (TTY).
2. Recitals.
2.1. The City of East Wenatchee (“City”) is a non-charter code City duly incorporated and operating under the laws of the State of Washington; and
2.2. The City Council of East Wenatchee (“City Council”) finds that it is in the best interests of the City and its citizens to ****.
3. Authority.
3.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the good government of the City.
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THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS:
4. Purpose. The purpose of this ordinance is to update the City Clerk powers, duties, and responsibilities.
5. Amendment. The City Council amends Section 5.04.130 of the East Wenatchee Municipal Code to read:
5.04.130 Temporary Business License.
A. In lieu of applying for a general city business license, a person selling or soliciting orders for any commodity or merchandise from house to house or from address to address may apply to the city for a temporary business. The fee for a one-day license is $5.00 and the fee for a 30-day license is $25.00.
B. In lieu of applying for a general city business license, a person selling any commodity or merchandise from a vehicle, trailer, stand or temporary structure or place may apply to the city for a temporary business license to conduct such activity. The fee for a one-day license is $5.00 and the fee for a 30-day license is $25.00.
C. The city will not issue a temporary business license to any person desiring to sell any commodity or merchandise from a permanent position or location unless the police chief and the community development director approve, in writing, the position or location.
6. Severability. If a court of competent jurisdiction declares any provision in this Ordinance to be contrary to law, such declaration shall not affect the validity of the other provisions of this Ordinance.
7. Publication. The City Council directs the City Clerk to publish a summary of this Ordinance. The summary shall consist of the title of this Ordinance. The City Council directs the City Clerk to publish a copy of this Ordinance on the City’s website.
8. Effective Date. This Ordinance becomes effective five days after the date its summary is published.
Passed by the City Council of East Wenatchee, at a regular meeting thereof on this 08th day of May, 2018.
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The City of East Wenatchee, Washington By _________________________________ Steven C. Lacy, Mayor Authenticated: _____________________________________ Maria Holman, City Clerk Approved as to form only: _____________________________________ Devin Poulson, City Attorney Filed with the City Clerk: 04/24/2018 Passed by the City Council: 05/08/2018 Published: 05/11/2018 Effective Date: 05/18/2018
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Summary of City of East Wenatchee, Washington Ordinance No. 2018-07 On the 08th day of May, 2018, the City Council of the City of East Wenatchee, Washington approved Ordinance No. 2018-07, the main point of which may be summarized by its title as follows:
An Ordinance of the City of East Wenatchee setting the fee for a temporary business license by amending Section 5.04.130 of the East Wenatchee Municipal Code.
The full text of this Ordinance is available at www.east-wenatchee.com. Dated this 8th day of May, 2018. _____________________________ Maria Holman, City Clerk
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CITY OF EAST WENATCHEE
COUNCIL AGENDA BILL
To: Mayor and Council.
From/Presenter: Devin Poulson
Subject: Pawnbrokers and Secondhand Dealers
Date: April 26, 2018
I. Summary Title: Ordinance 2018-08. An Ordinance of the City of East
Wenatchee repealing the existing Chapter 5.12 of the East Wenatchee
Municipal Code and enacting a new Chapter 5.12 regulating pawnbrokers
and secondhand dealers.
II. Background/History: EWMC 5.12 was last amended in 1999. Since
that time, the state has changed the fees a pawnbroker may charge, has
changed the interest rates a pawnbroker may charge, and has changed the
dollar range on when these fees and charges apply.
In addition, the market price of gold has increased significantly in recent
years and there has been a proliferation of secondhand dealers, including
temporary, transient secondhand businesses, engaging in "cash for gold"
type precious metal transactions. Frequently, these "cash for gold" type
operations are operated by persons desiring to exploit unsuspecting
consumers based on current market conditions.
The increasing number of "cash for gold" type transactions in
communities and neighborhoods throughout Washington has been linked
to increased crimes involving the theft of gold and other precious metal
objects, including home burglaries, robberies, and other crimes, resulting
in depressed home values and other threats to the health, safety, and
welfare of Washington state residents.
With the growing number of precious metal transactions, there is a
corresponding significant increase in the number of "cash for gold" type
storefront businesses, including temporary, transient secondhand
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businesses, in Washington state which may not be consistent with the
quality of life and personal security sought by communities and
neighborhoods and the state as a whole.
To better protect legitimate owners, consumers, and secondhand dealers,
the state has implemented stricter standards relating to transactions
involving property consisting of gold and other precious metals. East
Wenatchee’s Municipal Code has not implemented these stricter
standards.
Also, since 1996, pawnbrokers and secondhand dealers are able to buy and
sell merchandise through automated kiosks. The state has enacted
regulations to govern these type of transactions. East Wenatchee’s
Municipal Code has not implemented these regulations.
Also, RCW 19.60 uses terminology that is different than the terminology
used in the EWMC.
Detective Darnell is the primary employee who enforces the regulations
the govern pawnbrokers and secondhand dealers. It is his
recommendation that the City adopt the state statutes so that he and the
pawnbrokers have one consistent set of rules that they can refer to.
III. Recommended Action: First Reading.
IV. Exhibits:
a. EWMC 5.12
b. RCW 19.60
Financial Data:
Expenditure
Required
Amount Budgeted Appropriation
Required
$0 $ 0 $ 0
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City of East Wenatchee, Washington
Ordinance No. 2018-08
An Ordinance of the City of East Wenatchee repealing the existing Chapter
5.12 of the East Wenatchee Municipal Code and enacting a new Chapter
5.12 regulating pawnbrokers and secondhand dealers.
Una Ordenanza de la Ciudad de East Wenatchee que deroga el Capítulo
5.12 existente del Código Municipal de East Wenatchee y promulga un
nuevo Capítulo 5.12 que regula las casas de empeño y los comerciantes de
segunda mano.
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille, leer en
voz alta, etc.), póngase en contacto con el vendedor de la ciudad al
alternatformat@east-wenatchee.com, al (509) 884-9515 o al 711
(TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read
aloud, etc.), please contact the City Clerk at alternateformat@east-
wenatchee.com, at (509) 884-9515, or at 711 (TTY).
2. Authority.
2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to
adopt ordinances of all kinds to regulate its municipal affairs and
appropriate to the good government of the City.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN
AS FOLLOWS:
3. Purpose. The purpose of this ordinance is to update the rates of interest
and fees that pawnbrokers and secondhand dealers may charge so that the
mirror the rates and fees set by state statute.
4. Repeal. The City Council repeals Chapter 5.12 of the East Wenatchee
Municipal Code.
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5. Enactment. The City Council enacts a new Chapter 5.12 of the East
Wenatchee Municipal Code to read:
Chapter 5.12
Pawnbrokers and Secondhand Dealers
Section:
5.12.010 Pawnbrokers and Secondhand Dealers
5.12.010 Pawnbrokers and Secondhand Dealers.
By reference, the city adopts the following state statutes (as enacted or as
amended):
19.60.010 Definitions.
19.60.014 Fixed place of business required.
19.60.020 Duty to record information.
19.60.025 Duty to record information—Precious metal property.
19.60.040 Report to chief law enforcement officer.
19.60.042 Report to chief law enforcement officer—Precious metal
dealers.
19.60.045 Duties upon notification that property is reported stolen.
19.60.050 Retention of property by pawnbrokers—Inspection.
19.60.055 Retention of property by secondhand dealers—Inspection.
19.60.057 Retention of precious metal property—Inspection.
19.60.060 Rates of interest and other fees—Sale of pledged property.
19.60.061 Pawnbrokers—Sale of pledged property limited—Written
document required for transactions.
19.60.062 Attorney fees and costs in action to recover possession or
determine title or ownership.
19.60.066 Prohibited acts—Penalty.
19.60.067 Secondhand precious metal dealers—Prohibited acts—
Penalty.
19.60.068 Resale agreement to avoid interest and fee restrictions
prohibited.
19.60.085 Regulation by political subdivisions.
19.60.087 Precious metal dealers—Licensure required.
19.60.085 Exemptions.
19.60.095 Precious metal sales—Hosted home parties.
19.60.105 Automated kiosks.
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6. Severability. If a court of competent jurisdiction declares any provision in
this Ordinance to be contrary to law, such declaration shall not affect the
validity of the other provisions of this Ordinance.
7. Publication. The City Council directs the City Clerk to publish a summary
of this Ordinance. The summary shall consist of the title of this Ordinance.
The City Council directs the City Clerk to publish a copy of this Ordinance
on the City’s website.
8. Effective Date. This Ordinance becomes effective five days after the date
its summary is published.
Passed by the City Council of East Wenatchee, at a regular meeting thereof
on this __________ day of ______________________________,
2018.
The City of East Wenatchee,
Washington
By _________________________________
Steven C. Lacy, Mayor
Authenticated:
_____________________________________
Maria Holman, City Clerk
Approved as to form only:
_____________________________________
Devin Poulson, City Attorney
Filed with the City Clerk: __________
Passed by the City Council: __________
Published: __________
Effective Date: __________
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Summary of
City of East Wenatchee, Washington
Ordinance No. 2018-08
On the _____ day of _______________________________, 2018,
the City Council of the City of East Wenatchee, Washington approved
Ordinance No. 2018-08, the main point of which may be summarized by its
title as follows:
An Ordinance of the City of East Wenatchee repealing the existing Chapter
5.12 of the East Wenatchee Municipal Code and enacting a new Chapter
5.12 regulating pawnbrokers and secondhand dealers.
The full text of this Ordinance is available at www.east-wenatchee.com.
Dated this ______ day of ___________________________, 2018.
_____________________________
Maria Holman, City Clerk
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4/26/2018 Chapter 5.12 PAWNBROKERS AND SECONDHAND DEALERS
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Chapter 5.12 PAWNBROKERS AND SECONDHAND DEALERS*
Sections:
5.12.010 Pawnbroker defined.
5.12.020 Secondhand dealer defined.
5.12.030 Rates of interest and fees – Sale of pledged property.
5.12.040 Duty to record transactions.
5.12.050 Inspection of records and goods.
5.12.060 Report to chief of police.
5.12.070 Retention of property.
5.12.080 Violations.
5.12.090 Penalties.
*Prior legislation: Ord. 96-2.
5.12.010 Pawnbroker defined.
Every person engaged, in whole or in part, in the business of loaning money on the security of pledges, deposits
or conditional sales of personal property, shall be deemed to be a pawnbroker. (Ord. 99-12 § 1, 1999)
5.12.020 Secondhand dealer defined.
Every person engaged, in whole or in part, in the business of buying or selling secondhand personal property,
metal junk or melted metals, shall be deemed to be a secondhand dealer. (Ord. 99-12 § 1, 1999)
5.12.030 Rates of interest and fees – Sale of pledged property.
All pawnbrokers are authorized to charge and receive interest and other fees at the following rates for money
loaned on the security of personal property actually received in pledge:
A. The interest shall not exceed:
1. For an amount loaned up to $19.99: interest at $1.00 per month;
2. For an amount loaned from $20.00 to $39.99: interest at the rate of $1.50 per month;
3. For an amount loaned from $40.00 to $75.99: interest at the rate of $2.00 per month;
4. For an amount loaned from $76.00 to $100.99: interest at the rate of $2.50 per month;
5. For an amount loaned from $101.00 to $125.99: interest at the rate of $3.00 per month;
6. For an amount loaned from $126.00 or more: interest at the rate of three percent per month.
B. The fee for the preparation of documents, pledges or reports required under the laws of the United States of
America, the state or the counties, cities, towns or other political subdivisions thereof, shall not exceed:
1. For the amount loaned up to $4.99: the sum of $0.50;
2. For the amount loaned from $5.00 to $9.99: the sum of $2.00;
3. For the amount loaned from $10.00 to $19.99: the sum of $3.00;
4. For the amount loaned from $20.00 to $39.99: the sum of $4.00;
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5. For the amount loaned from $40.00 to $74.99: the sum of $5.00;
6. For the amount loaned from $75.00 to $99.99: the sum of $7.50;
7. For the amount loaned from $100.00 or more: the sum of $9.00.
C. The fee for the care, maintenance, insurance relating to, preparation for storage of and storage of personal
property actually received in pledge, shall not exceed:
1. For precious jewelry, or other personal property having a value of $100.00 to $299.99, an amount equal to
one-tenth of one percent of the value thereof as agreed upon in writing between the pledgor and the
pledgee;
2. For precious jewels, jewelry or other personal property having a value exceeding $300.00, an amount
equal to one-twelfth of one percent of the value thereof as agreed upon in writing between the pledgor and
the pledgee.
D. Fees under subsections B and C of this section may be charged one time only during the term of a pledge and
every person who shall ask or receive a higher rate of interest or discount or other fees on any such loan, or on
any actual or pretended sale, or redemption of personal property, or who shall sell any property held for
redemption within 90 days after the period for redemption shall have expired shall be guilty of a misdemeanor.
E. A copy of this section, set in 12-point type or larger, shall be posted prominently in each premises subject to
this chapter. (Ord. 99-12 § 1, 1999)
5.12.040 Duty to record transactions.
It shall be the duty of every pawnbroker and secondhand dealer doing business in the city to maintain in his place
of business a book or other permanent record in which shall be legibly written in the English language, at the time
of each loan, purchase or sale, a record thereof containing:
A. The date of the transaction;
B. The name of the person or employee conducting the same;
C. The name, age, street and house number, and a general description of the dress, complexion, color of hair and
facial appearance of the person with whom the transaction is had;
D. The name and street and house number of the owner of the property bought or received in pledge;
E. The street and house number of the place from which the property bought or received in pledge was last
removed;
F. A description of the property bought or received in pledge, which in the case of watches shall contain the name
of the maker and the number of both the works and the case, and in the case of jewelry shall contain a
description of all letters and marks inscribed thereon; provided, that when the article bought or received is
furniture, or the contents of any house or room actually inspected on the premises, a general record of the
transaction shall be sufficient;
G. The price paid or the amount loaned;
H. The names and street and house numbers of all persons witnessing the transaction; and
I. The number of any pawn ticket issued therefor. (Ord. 99-12 § 1, 1999)
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5.12.050 Inspection of records and goods.
Such record, and all goods received, shall at all times during the ordinary hours of business be open to the
inspection of the prosecuting attorney of Douglas County, the city attorney or of any peace officer. (Ord. 99-12 §
1, 1999)
5.12.060 Report to chief of police.
A. Upon request every pawnbroker and secondhand dealer doing business in the city shall furnish or mail within
24 hours of such request, to the chief of police, on such forms as are provided by the chief of police, a full, true
and correct transcript of the record of all transactions conducted on the preceding day by such business.
B. If the pawnbroker or secondhand dealer has good cause to believe that any property in his or her possession
has been previously lost or stolen, the pawnbroker or secondhand dealer shall promptly report that fact to the
chief of police, together with the name of the owner, if known, and the date when and the name of the person
from whom it was received. (Ord. 99-12 § 1, 1999)
5.12.070 Retention of property.
No property bought or received in pledge by any pawnbroker or secondhand dealer shall be removed from his
place of business, except when redeemed by the owner thereof, within four days after the receipt thereof has
been reported to the chief of police as herein provided. (Ord. 99-12 § 1, 1999)
5.12.080 Violations.
Every pawnbroker or secondhand dealer, and every clerk, agent or employee of such pawnbroker or secondhand
dealer, who shall:
A. Fail to make an entry of any material matter in his book or record kept as provided for in EWMC 5.12.060;
B. Make any false entry therein;
C. Falsify, obliterate, destroy or remove from his place of business such book or record;
D. Refuse to allow the prosecuting attorney of Douglas County, the city attorney or any peace officer to inspect
the same, or any goods in his possession, during the ordinary hours of business;
E. Report any material matter falsely to the chief of police;
F. Having forms provided therefor, fail to furnish the chief of police with a full, true and correct transcript of the
record of all transactions had on the previous week as required herein;
G. Fail to report forthwith to the chief of police the possession of any property which he may have good cause to
believe has been lost or stolen, together with the name of the owner, if known, and the date when, and the name
of the person from whom the same was received by him;
H. Remove, or allow to be removed from his place of business, except upon redemption by the owner thereof,
any property received, within four days after the receipt thereof has been reported to the chief of police; or
I. Receive any property from any person under the age of 18 years, any person under the influence of intoxicating
liquor or drugs, or any person known to the pawnbroker or secondhand dealer as having been convicted of
burglary, robbery, theft, possession of or receiving stolen property within the past 10 years whether the person is
acting in his own behalf or is the agent of another;
shall be guilty of a misdemeanor. (Ord. 99-12 § 1, 1999)
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5.12.090 Penalties.
Every person convicted of a violation of any provision of this chapter shall be guilty of a misdemeanor punishable
as set forth in EWMC 1.20.010, as the same exists now or may hereafter be amended. (Ord. 99-12 § 1, 1999)
The East Wenatchee Municipal Code is current through
Ordinance 18-06, passed March 27, 2018.
Disclaimer: The City Clerk's Office has the official version of the
East Wenatchee Municipal Code. Users should contact the City
Clerk's Office for ordinances passed subsequent to the ordinance
cited above.
05/08/2018 Amended Council Meeting Agenda Page 29 of 57
4/26/2018 Chapter 19.60 RCW: PAWNBROKERS AND SECONDHAND DEALERS
http://app.leg.wa.gov/rcw/default.aspx?cite=19.60&full=true 1/13
Chapter ListingChapter Listing | | RCW DispositionsRCW Dispositions
SectionsSections
19.60.01019.60.010 Definitions.Definitions.
19.60.01419.60.014 Fixed place of business required.Fixed place of business required.
19.60.02019.60.020 Duty to record information.Duty to record information.
19.60.02519.60.025 Duty to record informationDuty to record information——Precious metal property.Precious metal property.
19.60.04019.60.040 Report to chief law enforcement officer.Report to chief law enforcement officer.
19.60.04219.60.042 Report to chief law enforcement officerReport to chief law enforcement officer——Precious metal dealers.Precious metal dealers.
19.60.04519.60.045 Duties upon notification that property is reported stolen.Duties upon notification that property is reported stolen.
19.60.05019.60.050 Retention of property by pawnbrokersRetention of property by pawnbrokers——Inspection.Inspection.
19.60.05519.60.055 Retention of property by secondhand dealersRetention of property by secondhand dealers——Inspection.Inspection.
19.60.05719.60.057 Retention of precious metal propertyRetention of precious metal property——Inspection.Inspection.
19.60.06019.60.060 Rates of interest and other feesRates of interest and other fees——Sale of pledged property.Sale of pledged property.
19.60.06119.60.061 PawnbrokersPawnbrokers——Sale of pledged property limitedSale of pledged property limited——Written document required forWritten document required for
transactions.transactions.
19.60.06219.60.062 Attorney fees and costs in action to recover possession or determine title or ownership.Attorney fees and costs in action to recover possession or determine title or ownership.
19.60.06619.60.066 Prohibited actsProhibited acts——Penalty.Penalty.
19.60.06719.60.067 Secondhand precious metal dealersSecondhand precious metal dealers——Prohibited actsProhibited acts——Penalty.Penalty.
19.60.06819.60.068 Resale agreement to avoid interest and fee restrictions prohibited.Resale agreement to avoid interest and fee restrictions prohibited.
19.60.07519.60.075 Regulation by political subdivisions.Regulation by political subdivisions.
19.60.07719.60.077 Precious metal dealersPrecious metal dealers——Licensure required.Licensure required.
19.60.08519.60.085 Exemptions.Exemptions.
19.60.09519.60.095 Precious metal salesPrecious metal sales——Hosted home parties.Hosted home parties.
19.60.10519.60.105 Automated kiosks.Automated kiosks.
19.60.90119.60.901 Effective dateEffective date——1984 c 10.1984 c 10.
NOTES:NOTES:
LarcenyLarceny——Receiving stolen property: RCW Receiving stolen property: RCW 9A.56.1409A.56.140 through through 9A.56.1709A.56.170..
19.60.01019.60.010 Definitions.Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout thisUnless the context clearly requires otherwise, the definitions in this section apply throughout this
chapter.chapter.
(1) "Automated kiosk" means a self-serve interactive machine that purchases secondhand electronic(1) "Automated kiosk" means a self-serve interactive machine that purchases secondhand electronic
devices.devices.
(2) "Loan period" means the period of time from the date the loan is made until the date the loan is(2) "Loan period" means the period of time from the date the loan is made until the date the loan is
paid off, the loan is in default, or the loan is refinanced and new loan documents are issued, including allpaid off, the loan is in default, or the loan is refinanced and new loan documents are issued, including all
grace or extension periods.grace or extension periods.
(3) "Melted metals" means metals derived from metal junk or precious metals that have been(3) "Melted metals" means metals derived from metal junk or precious metals that have been
reduced to a melted state from other than ore or ingots which are produced from ore that has notreduced to a melted state from other than ore or ingots which are produced from ore that has not
previously been processed.previously been processed.
(4) "Metal junk" means any metal that has previously been milled, shaped, stamped, or forged and(4) "Metal junk" means any metal that has previously been milled, shaped, stamped, or forged and
that is no longer useful in its original form, except precious metals.that is no longer useful in its original form, except precious metals.
Chapter 19.60 RCWChapter 19.60 RCW
PAWNBROKERS AND SECONDHAND DEALERSPAWNBROKERS AND SECONDHAND DEALERS
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(5) "Nonmetal junk" means any nonmetal, commonly discarded item that is worn out, or has(5) "Nonmetal junk" means any nonmetal, commonly discarded item that is worn out, or has
outlasted its usefulness as intended in its original form except nonmetal junk does not include an itemoutlasted its usefulness as intended in its original form except nonmetal junk does not include an item
made in a former period which has enhanced value because of its age.made in a former period which has enhanced value because of its age.
(6) "Pawnbroker" means every person engaged, in whole or in part, in the business of loaning money(6) "Pawnbroker" means every person engaged, in whole or in part, in the business of loaning money
on the security of pledges of personal property, or deposits or conditional sales of personal property, oron the security of pledges of personal property, or deposits or conditional sales of personal property, or
the purchase or sale of personal property.the purchase or sale of personal property.
(7) "Precious metals" means gold, silver, and platinum.(7) "Precious metals" means gold, silver, and platinum.
(8) "Secondhand dealer" means every person engaged in whole or in part in the business of(8) "Secondhand dealer" means every person engaged in whole or in part in the business of
purchasing, selling, trading, consignment selling, or otherwise transferring for value, secondhandpurchasing, selling, trading, consignment selling, or otherwise transferring for value, secondhand
property including metal junk, melted metals, precious metals, whether or not the person maintains aproperty including metal junk, melted metals, precious metals, whether or not the person maintains a
fixed place of business within the state. Secondhand dealer also includes persons or entities conductingfixed place of business within the state. Secondhand dealer also includes persons or entities conducting
business, more than three times per year, at flea markets or swap meets. Secondhand dealer alsobusiness, more than three times per year, at flea markets or swap meets. Secondhand dealer also
includes persons or entities operating an automated kiosk.includes persons or entities operating an automated kiosk.
(9) "Secondhand precious metal dealer" means any person or entity engaged in whole or in part in(9) "Secondhand precious metal dealer" means any person or entity engaged in whole or in part in
the commercial activity or business of purchasing, selling, trading, consignment selling, or otherwisethe commercial activity or business of purchasing, selling, trading, consignment selling, or otherwise
transferring for value, more than three times per year, secondhand property that is a precious metal,transferring for value, more than three times per year, secondhand property that is a precious metal,
whether or not the person or entity maintains a permanent or fixed place of business within the state, orwhether or not the person or entity maintains a permanent or fixed place of business within the state, or
engages in the business at flea markets or swap meets. The terms "precious metal" and "secondhandengages in the business at flea markets or swap meets. The terms "precious metal" and "secondhand
property," for purposes of transactions by a secondhand precious metal dealer, do not include: (a) Gold,property," for purposes of transactions by a secondhand precious metal dealer, do not include: (a) Gold,
silver, or platinum coins, or other precious metal coins, that are legal tender, or precious metal coins thatsilver, or platinum coins, or other precious metal coins, that are legal tender, or precious metal coins that
have numismatic or precious metal value, (b) gold, silver, platinum, or other precious metal bullion, or (c)have numismatic or precious metal value, (b) gold, silver, platinum, or other precious metal bullion, or (c)
gold, silver, platinum, or other precious metal dust, flakes, or nuggets.gold, silver, platinum, or other precious metal dust, flakes, or nuggets.
(10) "Secondhand property" means any item of personal property offered for sale which is not new,(10) "Secondhand property" means any item of personal property offered for sale which is not new,
including metals in any form, except postage stamps, coins that are legal tender, bullion in the form ofincluding metals in any form, except postage stamps, coins that are legal tender, bullion in the form of
fabricated hallmarked bars, used books, and clothing of a resale value of seventy-five dollars or less,fabricated hallmarked bars, used books, and clothing of a resale value of seventy-five dollars or less,
except furs.except furs.
(11) "Transaction" means a pledge, or the purchase of, or consignment of, or the trade of any item of(11) "Transaction" means a pledge, or the purchase of, or consignment of, or the trade of any item of
personal property by a pawnbroker or a secondhand dealer from a member of the general public.personal property by a pawnbroker or a secondhand dealer from a member of the general public.
[ [ 2017 c 169 § 1.2017 c 169 § 1. Prior: Prior: 2011 c 289 § 2;2011 c 289 § 2; 1995 c 133 § 1;1995 c 133 § 1; 1991 c 323 § 1;1991 c 323 § 1; 1985 c 70 § 1;1985 c 70 § 1; 1984 c 10 § 1;1984 c 10 § 1;
1981 c 279 § 3;1981 c 279 § 3; 1909 c 249 § 235;1909 c 249 § 235; RRS § 2487. FORMER PARTS OF SECTION: (i) RRS § 2487. FORMER PARTS OF SECTION: (i) 1909 c 249 § 236;1909 c 249 § 236;
RRS § 2488, now codified as RCW RRS § 2488, now codified as RCW 19.60.01519.60.015. (ii) . (ii) 1939 c 89 § 1;1939 c 89 § 1; RRS § 2488 RRS § 2488--1, now codified as RCW1, now codified as RCW
19.60.06519.60.065.].]
NOTES:NOTES:
FindingsFindings——IntentIntent——2011 c 289:2011 c 289: "The legislature finds: "The legislature finds:
(1) The market price of gold has increased significantly in recent years and there has been a(1) The market price of gold has increased significantly in recent years and there has been a
proliferation of secondhand dealers, including temporary, transient secondhand businesses, engaging inproliferation of secondhand dealers, including temporary, transient secondhand businesses, engaging in
"cash for gold" type precious metal transactions. Frequently, these "cash for gold" type operations are"cash for gold" type precious metal transactions. Frequently, these "cash for gold" type operations are
operated by persons desiring to exploit unsuspecting consumers based on current market conditions;operated by persons desiring to exploit unsuspecting consumers based on current market conditions;
(2) The increasing number of "cash for gold" type transactions in communities and(2) The increasing number of "cash for gold" type transactions in communities and
neighborhoods throughout Washington has been linked to increased crimes involving the theft of goldneighborhoods throughout Washington has been linked to increased crimes involving the theft of gold
and other precious metal objects, including home burglaries, robberies, and other crimes, resulting inand other precious metal objects, including home burglaries, robberies, and other crimes, resulting in
depressed home values and other threats to the health, safety, and welfare of Washington statedepressed home values and other threats to the health, safety, and welfare of Washington state
residents; andresidents; and
(3) With the growing number of precious metal transactions, there is a corresponding significant(3) With the growing number of precious metal transactions, there is a corresponding significant
increase in the number of "cash for gold" type storefront businesses, including temporary, transientincrease in the number of "cash for gold" type storefront businesses, including temporary, transient
secondhand businesses, in Washington state which may not be consistent with the quality of life andsecondhand businesses, in Washington state which may not be consistent with the quality of life and
personal security sought by communities and neighborhoods and the state as a whole.personal security sought by communities and neighborhoods and the state as a whole.
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Therefore, to better protect legitimate owners, consumers, and secondhand dealers, theTherefore, to better protect legitimate owners, consumers, and secondhand dealers, the
legislature intends to establish and implement stricter standards relating to transactions involvinglegislature intends to establish and implement stricter standards relating to transactions involving
property consisting of gold and other precious metals." [ property consisting of gold and other precious metals." [ 2011 c 289 § 1.2011 c 289 § 1.]]
19.60.01419.60.014 Fixed place of business required.Fixed place of business required.
No person may operate as a pawnbroker unless the person maintains a fixed place of businessNo person may operate as a pawnbroker unless the person maintains a fixed place of business
within the state.within the state.
[ [ 1984 c 10 § 4.1984 c 10 § 4.]]
19.60.02019.60.020 Duty to record information.Duty to record information.
(1) Every pawnbroker and secondhand dealer doing business in this state shall maintain wherever(1) Every pawnbroker and secondhand dealer doing business in this state shall maintain wherever
that business is conducted a record in which shall be legibly written in the English language, at the timethat business is conducted a record in which shall be legibly written in the English language, at the time
of each transaction the following information:of each transaction the following information:
(a) The signature of the person with whom the transaction is made;(a) The signature of the person with whom the transaction is made;
(b) The date of the transaction;(b) The date of the transaction;
(c) The name of the person or employee or the identification number of the person or employee(c) The name of the person or employee or the identification number of the person or employee
conducting the transaction, as required by the applicable chief of police or the county's chief lawconducting the transaction, as required by the applicable chief of police or the county's chief law
enforcement officer;enforcement officer;
(d) The name, date of birth, sex, height, weight, race, and address and telephone number of the(d) The name, date of birth, sex, height, weight, race, and address and telephone number of the
person with whom the transaction is made;person with whom the transaction is made;
(e) A complete description of the property pledged, bought, or consigned, including the brand name,(e) A complete description of the property pledged, bought, or consigned, including the brand name,
serial number, model number or name, any initials or engraving, size, pattern, and color or stone orserial number, model number or name, any initials or engraving, size, pattern, and color or stone or
stones, and in the case of firearms, the caliber, barrel length, type of action, and whether it is a pistol,stones, and in the case of firearms, the caliber, barrel length, type of action, and whether it is a pistol,
rifle, or shotgun;rifle, or shotgun;
(f) The price paid or the amount loaned;(f) The price paid or the amount loaned;
(g) The type and identifying number of identification used by the person with whom the transaction(g) The type and identifying number of identification used by the person with whom the transaction
was made, which shall consist of a valid drivers license or identification card issued by any state or twowas made, which shall consist of a valid drivers license or identification card issued by any state or two
pieces of identification issued by a governmental agency, one of which shall be descriptive of the personpieces of identification issued by a governmental agency, one of which shall be descriptive of the person
identified. At all times, one piece of current government issued picture identification will be required; andidentified. At all times, one piece of current government issued picture identification will be required; and
(h) The nature of the transaction, a number identifying the transaction, the store identification as(h) The nature of the transaction, a number identifying the transaction, the store identification as
designated by the applicable law enforcement agency, or the name and address of the business and thedesignated by the applicable law enforcement agency, or the name and address of the business and the
name of the person or employee, conducting the transaction, and the location of the property.name of the person or employee, conducting the transaction, and the location of the property.
(2) This record shall at all times during the ordinary hours of business, or at reasonable times if(2) This record shall at all times during the ordinary hours of business, or at reasonable times if
ordinary hours of business are not kept, be open to the inspection of any commissioned law enforcementordinary hours of business are not kept, be open to the inspection of any commissioned law enforcement
officer of the state or any of its political subdivisions, and shall be maintained wherever that business isofficer of the state or any of its political subdivisions, and shall be maintained wherever that business is
conducted, or at the secondhand dealer's principal place of business if the transaction took placeconducted, or at the secondhand dealer's principal place of business if the transaction took place
through the use of an automated kiosk, for three years following the date of the transaction.through the use of an automated kiosk, for three years following the date of the transaction.
[ [ 2017 c 169 § 2;2017 c 169 § 2; 1991 c 323 § 2;1991 c 323 § 2; 1984 c 10 § 3;1984 c 10 § 3; 1909 c 249 § 229;1909 c 249 § 229; RRS § 2481.] RRS § 2481.]
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19.60.02519.60.025 Duty to record information—Precious metal property.Duty to record information—Precious metal property.
(1) For any transaction involving property consisting of a precious metal bought or received from an(1) For any transaction involving property consisting of a precious metal bought or received from an
individual, every secondhand precious metal dealer doing business in this state shall maintain whereverindividual, every secondhand precious metal dealer doing business in this state shall maintain wherever
that business is conducted a record in which shall be legibly written in the English language, at the timethat business is conducted a record in which shall be legibly written in the English language, at the time
of each transaction, the following information:of each transaction, the following information:
(a) The signature of the person with whom the transaction is made;(a) The signature of the person with whom the transaction is made;
(b) The time and date of the transaction;(b) The time and date of the transaction;
(c) The name of the person or employee or the identification number of the person or employee(c) The name of the person or employee or the identification number of the person or employee
conducting the transaction;conducting the transaction;
(d) The name, date of birth, sex, height, weight, race, and residential address and telephone number(d) The name, date of birth, sex, height, weight, race, and residential address and telephone number
of the person with whom the transaction is made;of the person with whom the transaction is made;
(e) A complete description of the precious metal property pledged, bought, or consigned, including(e) A complete description of the precious metal property pledged, bought, or consigned, including
the brand name, serial number, model number or name, any initials or engraving, size, pattern, and colorthe brand name, serial number, model number or name, any initials or engraving, size, pattern, and color
of stone or stones;of stone or stones;
(f) The price paid;(f) The price paid;
(g) The type and identifying number of identification used by the person with whom the transaction(g) The type and identifying number of identification used by the person with whom the transaction
was made, which shall consist of a valid driver's license or identification card issued by any state or twowas made, which shall consist of a valid driver's license or identification card issued by any state or two
pieces of identification issued by a governmental agency, one of which shall be descriptive of the personpieces of identification issued by a governmental agency, one of which shall be descriptive of the person
identified, and a full copy of both sides of each piece of identification used by the person with whom theidentified, and a full copy of both sides of each piece of identification used by the person with whom the
transaction was made. At all times, one piece of current government issued picture identification will betransaction was made. At all times, one piece of current government issued picture identification will be
required; andrequired; and
(h) The nature of the transaction, a number identifying the transaction, the store identification as(h) The nature of the transaction, a number identifying the transaction, the store identification as
designated by the applicable law enforcement agency, or the name and address of the business ordesignated by the applicable law enforcement agency, or the name and address of the business or
location, including the street address, and room number if appropriate, and the name of the person orlocation, including the street address, and room number if appropriate, and the name of the person or
employee conducting the transaction, and the location of the property.employee conducting the transaction, and the location of the property.
(2) The records required in subsection (1) of this section shall at all times during the ordinary hours of(2) The records required in subsection (1) of this section shall at all times during the ordinary hours of
business, or at reasonable times if ordinary hours of business are not kept, be open to the inspection bybusiness, or at reasonable times if ordinary hours of business are not kept, be open to the inspection by
any commissioned law enforcement officer of the state or any of its political subdivisions, and shall beany commissioned law enforcement officer of the state or any of its political subdivisions, and shall be
maintained wherever that business is conducted for three years following the date of the transaction.maintained wherever that business is conducted for three years following the date of the transaction.
[ [ 2011 c 289 § 3.2011 c 289 § 3.]]
NOTES:NOTES:
FindingsFindings——IntentIntent——2011 c 289:2011 c 289: See note following RCW See note following RCW 19.60.01019.60.010..
19.60.04019.60.040 Report to chief law enforcement officer.Report to chief law enforcement officer.
(1) Upon request, every pawnbroker and secondhand dealer doing business in the state shall furnish(1) Upon request, every pawnbroker and secondhand dealer doing business in the state shall furnish
a full, true, and correct transcript of the record of all transactions conducted on the preceding day. Thesea full, true, and correct transcript of the record of all transactions conducted on the preceding day. These
transactions shall be recorded on such forms as may be provided and in such format as may be requiredtransactions shall be recorded on such forms as may be provided and in such format as may be required
by the chief of police or the county's chief law enforcement officer within a specified time not less thanby the chief of police or the county's chief law enforcement officer within a specified time not less than
twenty-four hours. This information may be transmitted to the applicable law enforcement agencytwenty-four hours. This information may be transmitted to the applicable law enforcement agency
electronically, by facsimile transmission, or by modem or similar device, or by delivery of computer diskelectronically, by facsimile transmission, or by modem or similar device, or by delivery of computer disk
subject to the requirements of, and approval by, the chief of police or the county's chief law enforcementsubject to the requirements of, and approval by, the chief of police or the county's chief law enforcement
officer.officer.
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(2) If a pawnbroker or secondhand dealer has good cause to believe that any property in his or her(2) If a pawnbroker or secondhand dealer has good cause to believe that any property in his or her
possession has been previously lost or stolen, the pawnbroker or secondhand dealer shall promptlypossession has been previously lost or stolen, the pawnbroker or secondhand dealer shall promptly
report that fact to the applicable chief of police or the county's chief law enforcement officer, together withreport that fact to the applicable chief of police or the county's chief law enforcement officer, together with
the name of the owner, if known, and the date when, and the name of the person from whom it wasthe name of the owner, if known, and the date when, and the name of the person from whom it was
received.received.
[ [ 1991 c 323 § 3;1991 c 323 § 3; 1984 c 10 § 6;1984 c 10 § 6; 1909 c 249 § 231;1909 c 249 § 231; RRS § 2483.] RRS § 2483.]
19.60.04219.60.042 Report to chief law enforcement officer—Precious metal dealers.Report to chief law enforcement officer—Precious metal dealers.
If the applicable chief of police or the county's chief law enforcement officer has compiled andIf the applicable chief of police or the county's chief law enforcement officer has compiled and
published a list of persons who have been convicted of any crime involving theft, then a secondhandpublished a list of persons who have been convicted of any crime involving theft, then a secondhand
precious metal dealer shall utilize such a list for any transaction involving property other than propertyprecious metal dealer shall utilize such a list for any transaction involving property other than property
consisting of a precious metal as required by the applicable chief of police or the county's chief lawconsisting of a precious metal as required by the applicable chief of police or the county's chief law
enforcement officer.enforcement officer.
[ [ 2011 c 289 § 5.2011 c 289 § 5.]]
NOTES:NOTES:
FindingsFindings——IntentIntent——2011 c 289:2011 c 289: See note following RCW See note following RCW 19.60.01019.60.010..
19.60.04519.60.045 Duties upon notification that property is reported stolen.Duties upon notification that property is reported stolen.
Following notification from a law enforcement agency that an item of property has been reported asFollowing notification from a law enforcement agency that an item of property has been reported as
stolen, the pawnbroker or secondhand dealer shall hold that property intact and safe from alteration,stolen, the pawnbroker or secondhand dealer shall hold that property intact and safe from alteration,
damage, or commingling. The pawnbroker or secondhand dealer shall place an identifying tag or otherdamage, or commingling. The pawnbroker or secondhand dealer shall place an identifying tag or other
suitable identification upon the property so held. Property held shall not be released for one hundredsuitable identification upon the property so held. Property held shall not be released for one hundred
twenty days from the date of police notification unless released by written consent of the applicable lawtwenty days from the date of police notification unless released by written consent of the applicable law
enforcement agency or by order of a court of competent jurisdiction. In cases where the applicable lawenforcement agency or by order of a court of competent jurisdiction. In cases where the applicable law
enforcement agency has placed a verbal hold on an item, that agency must then give written noticeenforcement agency has placed a verbal hold on an item, that agency must then give written notice
within ten business days. If such written notice is not received within that period of time, then the holdwithin ten business days. If such written notice is not received within that period of time, then the hold
order will cease. The pawnbroker or secondhand dealer shall give a twenty-day written notice before theorder will cease. The pawnbroker or secondhand dealer shall give a twenty-day written notice before the
expiration of the one hundred twenty-day holding period to the applicable law enforcement agency aboutexpiration of the one hundred twenty-day holding period to the applicable law enforcement agency about
the stolen property. If notice is not given within twenty days, then the hold on the property shall continuethe stolen property. If notice is not given within twenty days, then the hold on the property shall continue
for an additional one hundred twenty days. The applicable law enforcement agency may renew thefor an additional one hundred twenty days. The applicable law enforcement agency may renew the
holding period for additional one hundred twenty-day periods as necessary. After the receipt ofholding period for additional one hundred twenty-day periods as necessary. After the receipt of
notification from a pawnbroker or secondhand dealer, if an additional holding period is required, thenotification from a pawnbroker or secondhand dealer, if an additional holding period is required, the
applicable law enforcement agency shall give the pawnbroker or secondhand dealer written notice, priorapplicable law enforcement agency shall give the pawnbroker or secondhand dealer written notice, prior
to the expiration of the existing hold order. A law enforcement agency shall not place on hold any item ofto the expiration of the existing hold order. A law enforcement agency shall not place on hold any item of
personal property unless that agency reasonably suspects that the item of personal property is a lost orpersonal property unless that agency reasonably suspects that the item of personal property is a lost or
stolen item. Any hold that is placed on an item will be removed as soon as practicable after the item onstolen item. Any hold that is placed on an item will be removed as soon as practicable after the item on
hold is determined not to be stolen or lost.hold is determined not to be stolen or lost.
[ [ 1991 c 323 § 4;1991 c 323 § 4; 1984 c 10 § 5.1984 c 10 § 5.]]
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NOTES:NOTES:
Receiving stolen property: RCW Receiving stolen property: RCW 9A.56.1409A.56.140 through through 9A.56.1709A.56.170..
19.60.05019.60.050 Retention of property by pawnbrokers—Inspection.Retention of property by pawnbrokers—Inspection.
Property bought or received in pledge by any pawnbroker shall not be removed from that place ofProperty bought or received in pledge by any pawnbroker shall not be removed from that place of
business, except when redeemed by, or returned to the owner, within thirty days after the receipt of thebusiness, except when redeemed by, or returned to the owner, within thirty days after the receipt of the
property. Property shall at all times during the ordinary hours of business be open to inspection to anyproperty. Property shall at all times during the ordinary hours of business be open to inspection to any
commissioned law enforcement officer of the state or any of its political subdivisions.commissioned law enforcement officer of the state or any of its political subdivisions.
[ [ 1991 c 323 § 5;1991 c 323 § 5; 1984 c 10 § 8;1984 c 10 § 8; 1909 c 249 § 232;1909 c 249 § 232; RRS § 2484.] RRS § 2484.]
NOTES:NOTES:
Auction of secondhand property, exemption by rule of department of licensing: RCW Auction of secondhand property, exemption by rule of department of licensing: RCW 18.11.07518.11.075..
Restoration of stolen property: RCW Restoration of stolen property: RCW 9.54.1309.54.130..
19.60.05519.60.055 Retention of property by secondhand dealers—Inspection.Retention of property by secondhand dealers—Inspection.
(1) Property bought or received on consignment by any secondhand dealer with a permanent place(1) Property bought or received on consignment by any secondhand dealer with a permanent place
of business in the state shall not be removed from that place of business except consigned propertyof business in the state shall not be removed from that place of business except consigned property
returned to the owner, within thirty days after the receipt of the property. Property shall at all times duringreturned to the owner, within thirty days after the receipt of the property. Property shall at all times during
the ordinary hours of business be open to inspection to any commissioned law enforcement officer of thethe ordinary hours of business be open to inspection to any commissioned law enforcement officer of the
state or any of its political subdivisions.state or any of its political subdivisions.
(2) Property bought or received on consignment by any secondhand dealer without a permanent(2) Property bought or received on consignment by any secondhand dealer without a permanent
place of business in the state, shall be held within the city or county in which the property was received,place of business in the state, shall be held within the city or county in which the property was received,
except consigned property returned to the owner, within thirty days after receipt of the property. Theexcept consigned property returned to the owner, within thirty days after receipt of the property. The
property shall be available within the appropriate jurisdiction for inspection at reasonable times by anyproperty shall be available within the appropriate jurisdiction for inspection at reasonable times by any
commissioned law enforcement officer of the state or any of its political subdivisions.commissioned law enforcement officer of the state or any of its political subdivisions.
(3) Property bought by any secondhand dealer through the use of an automated kiosk must be held(3) Property bought by any secondhand dealer through the use of an automated kiosk must be held
for at least thirty days after the secondhand property was accepted by the automated kiosk. To satisfyfor at least thirty days after the secondhand property was accepted by the automated kiosk. To satisfy
this requirement the secondhand property may be held inside the automated kiosk or at a securethis requirement the secondhand property may be held inside the automated kiosk or at a secure
location maintained by the secondhand dealer. The secondhand property purchased through anlocation maintained by the secondhand dealer. The secondhand property purchased through an
automated kiosk must be made available to any commissioned law enforcement officer of the state, orautomated kiosk must be made available to any commissioned law enforcement officer of the state, or
any of its political subdivisions, for inspection within a reasonable time. The cost of transporting theany of its political subdivisions, for inspection within a reasonable time. The cost of transporting the
secondhand property to the law enforcement officer must be paid by the secondhand dealer.secondhand property to the law enforcement officer must be paid by the secondhand dealer.
[ [ 2017 c 169 § 3;2017 c 169 § 3; 1991 c 323 § 6;1991 c 323 § 6; 1984 c 10 § 7.1984 c 10 § 7.]]
NOTES:NOTES:
Auction of secondhand property, exemption by rule of department of licensing: RCW Auction of secondhand property, exemption by rule of department of licensing: RCW 18.11.07518.11.075..
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19.60.05719.60.057 Retention of precious metal property—Inspection.Retention of precious metal property—Inspection.
(1) Property consisting of a precious metal bought or received from an individual on consignment by(1) Property consisting of a precious metal bought or received from an individual on consignment by
any secondhand precious metal dealer with a permanent place of business in the state may not beany secondhand precious metal dealer with a permanent place of business in the state may not be
removed from that place of business except consigned property returned to the owner, for a total of thirtyremoved from that place of business except consigned property returned to the owner, for a total of thirty
days after the receipt of the property. Property shall at all times during the ordinary hours of business bedays after the receipt of the property. Property shall at all times during the ordinary hours of business be
open to inspection to any commissioned law enforcement officer of the state or any of its politicalopen to inspection to any commissioned law enforcement officer of the state or any of its political
subdivisions.subdivisions.
(2) Property consisting of a precious metal bought or received from an individual on consignment by(2) Property consisting of a precious metal bought or received from an individual on consignment by
any secondhand precious metal dealer without a permanent place of business in the state must beany secondhand precious metal dealer without a permanent place of business in the state must be
stored and held within the city or county in which the property was received, except consigned propertystored and held within the city or county in which the property was received, except consigned property
returned to the owner, for a total of thirty days after receipt of the property. The property shall bereturned to the owner, for a total of thirty days after receipt of the property. The property shall be
available within the appropriate jurisdiction for inspection at reasonable times by any commissioned lawavailable within the appropriate jurisdiction for inspection at reasonable times by any commissioned law
enforcement officer of the state or any of its political subdivisions.enforcement officer of the state or any of its political subdivisions.
(3) Subsections (1) and (2) of this section do not apply when the property consisting of a precious(3) Subsections (1) and (2) of this section do not apply when the property consisting of a precious
metal was bought or received from a pawn shop, jeweler, secondhand dealer, or secondhand preciousmetal was bought or received from a pawn shop, jeweler, secondhand dealer, or secondhand precious
metal dealer who must provide a signed declaration showing the property is not stolen. The declarationmetal dealer who must provide a signed declaration showing the property is not stolen. The declaration
may be included as part of the transactional record required under this subsection, or on a receipt for themay be included as part of the transactional record required under this subsection, or on a receipt for the
transaction. The declaration must state substantially the following: "I, the undersigned, affirm undertransaction. The declaration must state substantially the following: "I, the undersigned, affirm under
penalty of law that the property that is subject to this transaction is not to the best of my knowledgepenalty of law that the property that is subject to this transaction is not to the best of my knowledge
stolen property."stolen property."
[ [ 2011 c 289 § 4.2011 c 289 § 4.]]
NOTES:NOTES:
FindingsFindings——IntentIntent——2011 c 289:2011 c 289: See note following RCW See note following RCW 19.60.01019.60.010..
19.60.06019.60.060 Rates of interest and other fees—Sale of pledged property.Rates of interest and other fees—Sale of pledged property.
All pawnbrokers are authorized to charge and receive interest and other fees at the following ratesAll pawnbrokers are authorized to charge and receive interest and other fees at the following rates
for money on the security of personal property actually received in pledge:for money on the security of personal property actually received in pledge:
(1) The interest for the loan period shall not exceed:(1) The interest for the loan period shall not exceed:
(a) For an amount loaned up to $9.99 - interest at $1.00 for each thirty-day period to include the loan(a) For an amount loaned up to $9.99 - interest at $1.00 for each thirty-day period to include the loan
date.date.
(b) For an amount loaned from $10.00 to $19.99 - interest at the rate of $1.25 for each thirty-day(b) For an amount loaned from $10.00 to $19.99 - interest at the rate of $1.25 for each thirty-day
period to include the loan date.period to include the loan date.
(c) For an amount loaned from $20.00 to $24.99 - interest at the rate of $1.50 for each thirty-day(c) For an amount loaned from $20.00 to $24.99 - interest at the rate of $1.50 for each thirty-day
period to include the loan date.period to include the loan date.
(d) For an amount loaned from $25.00 to $34.99 - interest at the rate of $1.75 for each thirty-day(d) For an amount loaned from $25.00 to $34.99 - interest at the rate of $1.75 for each thirty-day
period to include the loan date.period to include the loan date.
(e) For an amount loaned from $35.00 to $39.99 - interest at the rate of $2.00 for each thirty-day(e) For an amount loaned from $35.00 to $39.99 - interest at the rate of $2.00 for each thirty-day
period to include the loan date.period to include the loan date.
(f) For an amount loaned from $40.00 to $49.99 - interest at the rate of $2.25 for each thirty-day(f) For an amount loaned from $40.00 to $49.99 - interest at the rate of $2.25 for each thirty-day
period to include the loan date.period to include the loan date.
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(g) For the amount loaned from $50.00 to $59.99 - interest at the rate of $2.50 for each thirty-day(g) For the amount loaned from $50.00 to $59.99 - interest at the rate of $2.50 for each thirty-day
period to include the loan date.period to include the loan date.
(h) For the amount loaned from $60.00 to $69.99 - interest at the rate of $2.75 for each thirty-day(h) For the amount loaned from $60.00 to $69.99 - interest at the rate of $2.75 for each thirty-day
period to include the loan date.period to include the loan date.
(i) For the amount loaned from $70.00 to $79.99 - interest at the rate of $3.00 for each thirty-day(i) For the amount loaned from $70.00 to $79.99 - interest at the rate of $3.00 for each thirty-day
period to include the loan date.period to include the loan date.
(j) For the amount loaned from $80.00 to $89.99 - interest at the rate of $3.25 for each thirty-day(j) For the amount loaned from $80.00 to $89.99 - interest at the rate of $3.25 for each thirty-day
period to include the loan date.period to include the loan date.
(k) For the amount loaned from $90.00 to $99.99 - interest at the rate of $3.50 for each thirty-day(k) For the amount loaned from $90.00 to $99.99 - interest at the rate of $3.50 for each thirty-day
period to include the loan date.period to include the loan date.
(l) For loan amounts of $100.00 or more - interest at the rate of four percent for each thirty-day period(l) For loan amounts of $100.00 or more - interest at the rate of four percent for each thirty-day period
to include the loan date.to include the loan date.
(2) The fee for the preparation of loan documents, pledges, or reports required under the laws of the(2) The fee for the preparation of loan documents, pledges, or reports required under the laws of the
United States of America, the state of Washington, or the counties, cities, towns, or other politicalUnited States of America, the state of Washington, or the counties, cities, towns, or other political
subdivisions thereof, shall not exceed:subdivisions thereof, shall not exceed:
(a) For the amount loaned up to $4.99 - the sum of $1.50.(a) For the amount loaned up to $4.99 - the sum of $1.50.
(b) For the amount loaned from $5.00 to $9.99 - the sum of $3.00.(b) For the amount loaned from $5.00 to $9.99 - the sum of $3.00.
(c) For the amount loaned from $10.00 to $14.99 - the sum of $4.00.(c) For the amount loaned from $10.00 to $14.99 - the sum of $4.00.
(d) For the amount loaned from $15.00 to $19.99 - the sum of $4.50.(d) For the amount loaned from $15.00 to $19.99 - the sum of $4.50.
(e) For the amount loaned from $20.00 to $24.99 - the sum of $5.00.(e) For the amount loaned from $20.00 to $24.99 - the sum of $5.00.
(f) For the amount loaned from $25.00 to $29.99 - the sum of $5.50.(f) For the amount loaned from $25.00 to $29.99 - the sum of $5.50.
(g) For the amount loaned from $30.00 to $34.99 - the sum of $6.00.(g) For the amount loaned from $30.00 to $34.99 - the sum of $6.00.
(h) For the amount loaned from $35.00 to $39.99 - the sum of $6.50.(h) For the amount loaned from $35.00 to $39.99 - the sum of $6.50.
(i) For the amount loaned from $40.00 to $44.99 - the sum of $7.00.(i) For the amount loaned from $40.00 to $44.99 - the sum of $7.00.
(j) For the amount loaned from $45.00 to $49.99 - the sum of $7.50.(j) For the amount loaned from $45.00 to $49.99 - the sum of $7.50.
(k) For the amount loaned from $50.00 to $99.99 - fifteen percent of the loan amount.(k) For the amount loaned from $50.00 to $99.99 - fifteen percent of the loan amount.
(l) For the amount loaned from $100.00 to $249.99 - thirteen percent of the loan amount.(l) For the amount loaned from $100.00 to $249.99 - thirteen percent of the loan amount.
(m) For the amount loaned from $250.00 to $499.99 - ten percent of the loan amount.(m) For the amount loaned from $250.00 to $499.99 - ten percent of the loan amount.
(n) For the amount loaned from $500.00 to $999.99 - eight percent of the loan amount.(n) For the amount loaned from $500.00 to $999.99 - eight percent of the loan amount.
(o) For the amount loaned from $1000.00 to $1499.99 - seven and one-half percent of the loan(o) For the amount loaned from $1000.00 to $1499.99 - seven and one-half percent of the loan
amount.amount.
(p) For the amount loaned from $1500.00 to $1999.99 - seven percent of the loan amount.(p) For the amount loaned from $1500.00 to $1999.99 - seven percent of the loan amount.
(q) For the amount loaned of $2000.00 or more - six percent of the loan amount.(q) For the amount loaned of $2000.00 or more - six percent of the loan amount.
(3) For each thirty-day period, a pawnbroker may charge:(3) For each thirty-day period, a pawnbroker may charge:
(a) A storage fee of $5.00; and(a) A storage fee of $5.00; and
(b) An additional fee of $5.00 for storing a firearm.(b) An additional fee of $5.00 for storing a firearm.
(4) Fees under subsection (2) of this section may be charged one time only for each loan period; no(4) Fees under subsection (2) of this section may be charged one time only for each loan period; no
additional fees, other than interest allowed under subsection (1) of this section and storage fees allowedadditional fees, other than interest allowed under subsection (1) of this section and storage fees allowed
under subsection (3) of this section, shall be charged for making the loan.under subsection (3) of this section, shall be charged for making the loan.
A copy of this section, set in twelve point type or larger, shall be posted prominently in each premisesA copy of this section, set in twelve point type or larger, shall be posted prominently in each premises
subject to this chapter.subject to this chapter.
[ [ 2015 c 294 § 1;2015 c 294 § 1; 2007 c 125 § 1;2007 c 125 § 1; 1995 c 133 § 2;1995 c 133 § 2; 1991 c 323 § 7;1991 c 323 § 7; 1984 c 10 § 9;1984 c 10 § 9; 1973 1st ex.s. c 91 §1973 1st ex.s. c 91 §
1;1; 1909 c 249 § 234;1909 c 249 § 234; RRS § 2486.] RRS § 2486.]
NOTES:NOTES:
InterestInterest——Usury: Chapter Usury: Chapter 19.5219.52 RCW. RCW.
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19.60.06119.60.061 Pawnbrokers—Sale of pledged property limited—Written document required forPawnbrokers—Sale of pledged property limited—Written document required for
transactions.transactions.
(1) The term of the loan shall be for a period of ninety days to include the date of the loan.(1) The term of the loan shall be for a period of ninety days to include the date of the loan.
(2) A pawnbroker shall not sell any property received in pledge, until a minimum of ninety days has(2) A pawnbroker shall not sell any property received in pledge, until a minimum of ninety days has
expired. However, if a pledged article is not redeemed within the ninety-day period of the term of theexpired. However, if a pledged article is not redeemed within the ninety-day period of the term of the
loan, the pawnbroker shall have all rights, title, and interest of that item of personal property. Theloan, the pawnbroker shall have all rights, title, and interest of that item of personal property. The
pawnbroker shall not be required to account to the pledgor for the proceeds received from the dispositionpawnbroker shall not be required to account to the pledgor for the proceeds received from the disposition
of that item. Any provision of law relating to the foreclosures and the subsequent sale of forfeitedof that item. Any provision of law relating to the foreclosures and the subsequent sale of forfeited
pledged items, shall not be applicable to any pledge as defined under this chapter, the title to which ispledged items, shall not be applicable to any pledge as defined under this chapter, the title to which is
transferred in accordance with this section.transferred in accordance with this section.
(3) Every loan transaction entered into by a pawnbroker shall be evidenced by a written document, a(3) Every loan transaction entered into by a pawnbroker shall be evidenced by a written document, a
copy of which shall be furnished to the pledgor. The document shall set forth the term of the loan; thecopy of which shall be furnished to the pledgor. The document shall set forth the term of the loan; the
final date on which the loan is due and payable; the loan preparation fee; the storage fee; the firearmfinal date on which the loan is due and payable; the loan preparation fee; the storage fee; the firearm
fee, if applicable; any other fee allowed under law that is charged; the amount of interest charged everyfee, if applicable; any other fee allowed under law that is charged; the amount of interest charged every
thirty days; the total amount due including the principal amount, the preparation fee, and all interestthirty days; the total amount due including the principal amount, the preparation fee, and all interest
charges due if the loan is outstanding for the full ninety days allowed by the term; and the annualcharges due if the loan is outstanding for the full ninety days allowed by the term; and the annual
percentage rate, and shall inform the pledgor of the pledgor's right to redeem the pledge at any timepercentage rate, and shall inform the pledgor of the pledgor's right to redeem the pledge at any time
within the term of the loan.within the term of the loan.
(4) If a person who has entered into a loan transaction with a pawnbroker in this state is unable to(4) If a person who has entered into a loan transaction with a pawnbroker in this state is unable to
redeem and repay the loan on or before the expiration of the term of the loan, and that person wishes toredeem and repay the loan on or before the expiration of the term of the loan, and that person wishes to
retain his or her rights to use that item by rewriting the loan, and if both parties mutually agree, anretain his or her rights to use that item by rewriting the loan, and if both parties mutually agree, an
existing loan transaction may be rewritten into a new loan, either in person or by mail. All applicableexisting loan transaction may be rewritten into a new loan, either in person or by mail. All applicable
provisions of this chapter shall be followed in rewriting a loan, except that where an existing loan isprovisions of this chapter shall be followed in rewriting a loan, except that where an existing loan is
rewritten by mail RCW rewritten by mail RCW 19.60.02019.60.020(1) (a) and (g) shall not apply.(1) (a) and (g) shall not apply.
[ [ 2007 c 125 § 2;2007 c 125 § 2; 1995 c 133 § 3;1995 c 133 § 3; 1991 c 323 § 8;1991 c 323 § 8; 1984 c 10 § 10.1984 c 10 § 10.]]
19.60.06219.60.062 Attorney fees and costs in action to recover possession or determine title orAttorney fees and costs in action to recover possession or determine title or
ownership.ownership.
By either party, in an action brought by an owner to recover goods in the possession of a pawnbrokerBy either party, in an action brought by an owner to recover goods in the possession of a pawnbroker
or secondhand dealer, or an action brought by a pawnbroker or secondhand dealer against an owner, oror secondhand dealer, or an action brought by a pawnbroker or secondhand dealer against an owner, or
a person claiming ownership, to determine title or ownership of any item, the prevailing party is entitleda person claiming ownership, to determine title or ownership of any item, the prevailing party is entitled
to reasonable attorney's fees and costs.to reasonable attorney's fees and costs.
[ [ 1991 c 323 § 9;1991 c 323 § 9; 1984 c 10 § 11;1984 c 10 § 11; 1979 ex.s. c 41 § 1.1979 ex.s. c 41 § 1.]]
19.60.06619.60.066 Prohibited acts—Penalty.Prohibited acts—Penalty.
It is a gross misdemeanor under chapter It is a gross misdemeanor under chapter 9A.209A.20 RCW for: RCW for:
(1) Any person to remove, alter, or obliterate any manufacturer's make, model, or serial number,(1) Any person to remove, alter, or obliterate any manufacturer's make, model, or serial number,
personal identification number, or identifying marks engraved or etched upon an item of personalpersonal identification number, or identifying marks engraved or etched upon an item of personal
property that was purchased, consigned, or received in pledge. In addition an item shall not be acceptedproperty that was purchased, consigned, or received in pledge. In addition an item shall not be accepted
for pledge or a secondhand purchase where the manufacturer's make, model, or serial number, personalfor pledge or a secondhand purchase where the manufacturer's make, model, or serial number, personal
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4/26/2018 Chapter 19.60 RCW: PAWNBROKERS AND SECONDHAND DEALERS
http://app.leg.wa.gov/rcw/default.aspx?cite=19.60&full=true 10/13
identification number, or identifying marks engraved or etched upon an item of personal property hasidentification number, or identifying marks engraved or etched upon an item of personal property has
been removed, altered, or obliterated;been removed, altered, or obliterated;
(2) Any person to knowingly make, cause, or allow to be made any false entry or misstatement of any(2) Any person to knowingly make, cause, or allow to be made any false entry or misstatement of any
material matter in any book, record, or writing required to be kept under this chapter;material matter in any book, record, or writing required to be kept under this chapter;
(3) Any pawnbroker or secondhand dealer to receive any property from any person under the age of(3) Any pawnbroker or secondhand dealer to receive any property from any person under the age of
eighteen years, any person under the influence of intoxicating liquor or drugs, or any person known toeighteen years, any person under the influence of intoxicating liquor or drugs, or any person known to
the pawnbroker or secondhand dealer as having been convicted of burglary, robbery, theft, orthe pawnbroker or secondhand dealer as having been convicted of burglary, robbery, theft, or
possession of or receiving stolen property within the past ten years whether the person is acting in his orpossession of or receiving stolen property within the past ten years whether the person is acting in his or
her own behalf or as the agent of another;her own behalf or as the agent of another;
(4) Any pawnbroker to engage in the business of cashing or selling checks, drafts, money orders, or(4) Any pawnbroker to engage in the business of cashing or selling checks, drafts, money orders, or
other commercial paper serving the same purpose unless the pawnbroker complies with the provisionsother commercial paper serving the same purpose unless the pawnbroker complies with the provisions
of chapter of chapter 31.4531.45 RCW; or RCW; or
(5) Any person to violate knowingly any other provision of this chapter.(5) Any person to violate knowingly any other provision of this chapter.
[ [ 1991 c 355 § 21;1991 c 355 § 21; 1991 c 323 § 10;1991 c 323 § 10; 1984 c 10 § 12.1984 c 10 § 12.]]
NOTES:NOTES:
Reviser's note:Reviser's note: This section was amended by 1991 c 323 § 10 and by 1991 c 355 § 21, each This section was amended by 1991 c 323 § 10 and by 1991 c 355 § 21, each
without reference to the other. Both amendments are incorporated in the publication of this sectionwithout reference to the other. Both amendments are incorporated in the publication of this section
pursuant to RCW pursuant to RCW 1.12.0251.12.025(2). For rule of construction, see RCW (2). For rule of construction, see RCW 1.12.0251.12.025(1).(1).
Effective date, implementationEffective date, implementation——1991 c 355:1991 c 355: See RCW See RCW 31.45.90031.45.900..
19.60.06719.60.067 Secondhand precious metal dealers—Prohibited acts—Penalty.Secondhand precious metal dealers—Prohibited acts—Penalty.
(1) It is a gross misdemeanor for:(1) It is a gross misdemeanor for:
(a) A secondhand precious metal dealer to knowingly make, cause, or allow to be made any false(a) A secondhand precious metal dealer to knowingly make, cause, or allow to be made any false
entry or misstatement of any material matter in any book, record, or writing required to be kept underentry or misstatement of any material matter in any book, record, or writing required to be kept under
RCW RCW 19.60.02519.60.025, , 19.60.05719.60.057, , 19.60.04219.60.042, , 19.60.07719.60.077, and , and 19.60.09519.60.095 involving property consisting of involving property consisting of
precious metal;precious metal;
(b) A secondhand precious metal dealer to receive any precious metal property from any person(b) A secondhand precious metal dealer to receive any precious metal property from any person
known to the secondhand precious metal dealer as having been convicted of burglary, robbery, theft, orknown to the secondhand precious metal dealer as having been convicted of burglary, robbery, theft, or
possession of or receiving stolen property within the past ten years whether the person is acting in his orpossession of or receiving stolen property within the past ten years whether the person is acting in his or
her own behalf or as the agent of another; orher own behalf or as the agent of another; or
(c) A secondhand precious metal dealer to knowingly violate any other provision relating to precious(c) A secondhand precious metal dealer to knowingly violate any other provision relating to precious
metals under RCW metals under RCW 19.60.02519.60.025, , 19.60.05719.60.057, , 19.60.04219.60.042, , 19.60.07719.60.077, and , and 19.60.09519.60.095..
(2) It is a class C felony for a secondhand precious metal dealer to commit a second or subsequent(2) It is a class C felony for a secondhand precious metal dealer to commit a second or subsequent
violation of subsection (1) of this section involving property consisting of a precious metal.violation of subsection (1) of this section involving property consisting of a precious metal.
[ [ 2011 c 289 § 7.2011 c 289 § 7.]]
NOTES:NOTES:
FindingsFindings——IntentIntent——2011 c 289:2011 c 289: See note following RCW See note following RCW 19.60.01019.60.010..
05/08/2018 Amended Council Meeting Agenda Page 39 of 57
4/26/2018 Chapter 19.60 RCW: PAWNBROKERS AND SECONDHAND DEALERS
http://app.leg.wa.gov/rcw/default.aspx?cite=19.60&full=true 11/13
19.60.06819.60.068 Resale agreement to avoid interest and fee restrictions prohibited.Resale agreement to avoid interest and fee restrictions prohibited.
A purchase of personal property shall not be made on the condition of selling it back at a stipulatedA purchase of personal property shall not be made on the condition of selling it back at a stipulated
time and price greater than the purchase price, for the purpose of avoiding the interest and feetime and price greater than the purchase price, for the purpose of avoiding the interest and fee
restrictions of this chapter.restrictions of this chapter.
[ [ 1991 c 323 § 11.1991 c 323 § 11.]]
19.60.07519.60.075 Regulation by political subdivisions.Regulation by political subdivisions.
The regulation of pawnbrokers and secondhand dealers under this chapter is not intended to restrictThe regulation of pawnbrokers and secondhand dealers under this chapter is not intended to restrict
political subdivisions from enacting ordinances or codes requiring the licensing of pawnbrokers andpolitical subdivisions from enacting ordinances or codes requiring the licensing of pawnbrokers and
secondhand dealers or from enacting ordinances or codes which are more restrictive than the provisionssecondhand dealers or from enacting ordinances or codes which are more restrictive than the provisions
of this chapter.of this chapter.
[ [ 1984 c 10 § 13.1984 c 10 § 13.]]
19.60.07719.60.077 Precious metal dealers—Licensure required.Precious metal dealers—Licensure required.
No secondhand precious metal dealer doing business in this state may operate a business withoutNo secondhand precious metal dealer doing business in this state may operate a business without
first obtaining a business license from the local government in which the business is situated.first obtaining a business license from the local government in which the business is situated.
[ [ 2011 c 289 § 6.2011 c 289 § 6.]]
NOTES:NOTES:
FindingsFindings——IntentIntent——2011 c 289:2011 c 289: See note following RCW See note following RCW 19.60.01019.60.010..
19.60.08519.60.085 Exemptions.Exemptions.
The provisions of this chapter do not apply to transactions conducted by the following:The provisions of this chapter do not apply to transactions conducted by the following:
(1) Motor vehicle dealers licensed under chapter (1) Motor vehicle dealers licensed under chapter 46.7046.70 RCW; RCW;
(2) Vehicle wreckers, hulk haulers, and scrap processors licensed under chapter (2) Vehicle wreckers, hulk haulers, and scrap processors licensed under chapter 46.7946.79 or or 46.8046.80
RCW;RCW;
(3) Persons giving an allowance for the trade-in or exchange of secondhand property on the(3) Persons giving an allowance for the trade-in or exchange of secondhand property on the
purchase of other merchandise of the same kind of greater value; andpurchase of other merchandise of the same kind of greater value; and
(4) Persons in the business of buying or selling empty food and beverage containers or metal or(4) Persons in the business of buying or selling empty food and beverage containers or metal or
nonmetal junk, in compliance with chapter nonmetal junk, in compliance with chapter 19.29019.290 RCW. RCW.
[ [ 2011 c 289 § 8;2011 c 289 § 8; 2000 c 171 § 56;2000 c 171 § 56; 1985 c 70 § 2;1985 c 70 § 2; 1984 c 10 § 2.1984 c 10 § 2.]]
NOTES:NOTES:
05/08/2018 Amended Council Meeting Agenda Page 40 of 57
4/26/2018 Chapter 19.60 RCW: PAWNBROKERS AND SECONDHAND DEALERS
http://app.leg.wa.gov/rcw/default.aspx?cite=19.60&full=true 12/13
FindingsFindings——IntentIntent——2011 c 289:2011 c 289: See note following RCW See note following RCW 19.60.01019.60.010..
19.60.09519.60.095 Precious metal sales—Hosted home parties.Precious metal sales—Hosted home parties.
(1) For purposes of this section, "hosted home party" means a gathering of persons at a private(1) For purposes of this section, "hosted home party" means a gathering of persons at a private
residence where a host or hostess has invited friends or other guests into his or her residence whereresidence where a host or hostess has invited friends or other guests into his or her residence where
individual person-to-person sales of precious metals occur.individual person-to-person sales of precious metals occur.
(2) A host or hostess must be the owner, renter, or lessee of the private residence where the hosted(2) A host or hostess must be the owner, renter, or lessee of the private residence where the hosted
home party takes place.home party takes place.
(3) A secondhand precious metal dealer who attends a hosted home party and purchases or sells(3) A secondhand precious metal dealer who attends a hosted home party and purchases or sells
precious metals from the invited guests must issue a receipt for each item sold or purchased at theprecious metals from the invited guests must issue a receipt for each item sold or purchased at the
hosted home party.hosted home party.
(4) The secondhand precious metal dealer must include on every receipt the following: (a) The name,(4) The secondhand precious metal dealer must include on every receipt the following: (a) The name,
residential address, telephone number, and driver's license number of the person hosting the homeresidential address, telephone number, and driver's license number of the person hosting the home
party; (b) the name, residential address, telephone number, and driver's license number of the personparty; (b) the name, residential address, telephone number, and driver's license number of the person
selling the item; (c) the name, residential address, telephone number, and driver's license number of theselling the item; (c) the name, residential address, telephone number, and driver's license number of the
person purchasing the item; (d) a complete description of the item being sold, including the brand name,person purchasing the item; (d) a complete description of the item being sold, including the brand name,
serial number, model number or name, any initials or engraving, size, pattern, and color of stone orserial number, model number or name, any initials or engraving, size, pattern, and color of stone or
stones; (e) time and date of the transaction; and (f) the amount and form of any consideration paid forstones; (e) time and date of the transaction; and (f) the amount and form of any consideration paid for
the item.the item.
(5) The secondhand precious metal dealer must make four copies of each transaction receipt: One(5) The secondhand precious metal dealer must make four copies of each transaction receipt: One
for the seller, one for the host or hostess, one for the purchaser, and one for local authorities, if theyfor the seller, one for the host or hostess, one for the purchaser, and one for local authorities, if they
should ask. The secondhand precious metal dealer and the host shall maintain copies of all transactionshould ask. The secondhand precious metal dealer and the host shall maintain copies of all transaction
receipts and records for three years following the date of the precious metal transaction.receipts and records for three years following the date of the precious metal transaction.
(6) A secondhand precious metal dealer of a hosted home party who purchases precious metals at a(6) A secondhand precious metal dealer of a hosted home party who purchases precious metals at a
hosted home party and complies with this section is otherwise exempt from RCW hosted home party and complies with this section is otherwise exempt from RCW 19.60.02519.60.025, , 19.60.05719.60.057,,
and and 19.60.04219.60.042..
[ [ 2011 c 289 § 9.2011 c 289 § 9.]]
NOTES:NOTES:
FindingsFindings——IntentIntent——2011 c 289:2011 c 289: See note following RCW See note following RCW 19.60.01019.60.010..
19.60.10519.60.105 Automated kiosks.Automated kiosks.
For a secondhand dealer to utilize an automated kiosk to purchase secondhand property in thisFor a secondhand dealer to utilize an automated kiosk to purchase secondhand property in this
state, the automated kiosk must have the capability to:state, the automated kiosk must have the capability to:
(1) Collect all information required under RCW (1) Collect all information required under RCW 19.60.02019.60.020(1);(1);
(2) Connect with a live customer service representative that can remotely verify the identity of the(2) Connect with a live customer service representative that can remotely verify the identity of the
person engaged in the transaction;person engaged in the transaction;
(3) Compare the secondhand property purchased against a state or federal database of stolen items(3) Compare the secondhand property purchased against a state or federal database of stolen items
using the serial number, International Mobile Equipment Identity (IMEI), the mobile equipment identifierusing the serial number, International Mobile Equipment Identity (IMEI), the mobile equipment identifier
(MEID), or other unique identifying number assigned to the device by the manufacturer; and(MEID), or other unique identifying number assigned to the device by the manufacturer; and
(4) Securely store all secondhand property purchased.(4) Securely store all secondhand property purchased.
05/08/2018 Amended Council Meeting Agenda Page 41 of 57
4/26/2018 Chapter 19.60 RCW: PAWNBROKERS AND SECONDHAND DEALERS
http://app.leg.wa.gov/rcw/default.aspx?cite=19.60&full=true 13/13
[ [ 2017 c 169 § 4.2017 c 169 § 4.]]
19.60.90119.60.901 Effective date—1984 c 10.Effective date—1984 c 10.
This act is necessary for the immediate preservation of the public peace, health, and safety, theThis act is necessary for the immediate preservation of the public peace, health, and safety, the
support of the state government and its existing public institutions, and shall take effect thirty days after itsupport of the state government and its existing public institutions, and shall take effect thirty days after it
is signed by the governor and filed with the secretary of state.is signed by the governor and filed with the secretary of state.
[ [ 1984 c 10 § 16.1984 c 10 § 16.]]
NOTES:NOTES:
Reviser's note:Reviser's note: The effective date of this act [1984 c 10] was March 22, 1984. The effective date of this act [1984 c 10] was March 22, 1984.
05/08/2018 Amended Council Meeting Agenda Page 42 of 57
CITY OF EAST WENATCHEE
COUNCIL AGENDA BILL To: Mayor and Council From/Presenter: Tom Wachholder, Project Development Manager
Subject: Interlocal Agreement Between the City and the East
Wenatchee Water District – 2018 Residential Overlay Program
Date: May 8, 2018
I. Summary Title: Interlocal Cooperation Agreement Between the City of
East Wenatchee and the East Wenatchee Water District for Utility Work
and Pavement Overlay Projects on Johnson Place, S. Iowa Ave., Tedford St.
SE, S. June Ave., and 1st St. SE.
II. Background/History: The City of East Wenatchee (City) formed the
Transportation Benefit District (TBD) in November 2012 and ratified a
Residential Street Preservation Program in January 2013. Initially, the TBD
was formed as a separate legal entity; however, in 2015 the TBD
transitioned to a Special Revenue Fund.
In 2017, during the scoping phase, residential street paving projects were
coordinated with local utility districts (e.g., East Wenatchee Water District,
Douglas County Sewer District) to make the most efficient use of City and
utility district resources. On June 13, 2017, City Council authorized Mayor
Pro Tem Detering to execute Resolution 2017-02b which updated the
City’s Residential Street Preservation Program. The 2018 Residential Street
Preservation Program includes overlaying Johnson Place, S. Iowa Ave.,
Tedford St. SE, S. June Ave., and 1st St. SE (map attached as Exhibit A to the
Interlocal Agreement).
The streets identified primarily coincide with the East Wenatchee Water
District’s (District) capital improvement project schedule. Therefore, the
City’s 2018 Residential Street Preservation Program was made part of the
District’s contract, identified as a separated schedule in the bid documents
05/08/2018 Amended Council Meeting Agenda Page 43 of 57
(Schedule B). This will save City funds in terms of administrative and
engineering costs by not having to develop/manage the project.
The District’s 2018 water main replacement project bid opening was held
on April 9, 2018 at 3:00pm. Smith Excavation was the apparent low bidder
and was later verified as responsive. The costs associated with Schedule B
(City’s overlay portion) totals $147,271 (see table below). According to
Smith Excavation’s construction schedule, paving will approximately begin
in mid-August.
Contractor Schedule A (Water
District Funds)
Schedule B (City
TBD Funds)
Total Bid
Amount
DJB Construction $1,139,457.45 $194,565.00 $1,334,022.45
Selland Construction $1,056,015.77 $163,080.00 $1,219,095.77
Pipkin Construction $926,748.15 $172,575.00 $1,099,323.15
Hurst Construction $900,169.90 $171,350.00 $1,071,519.90
Smith Excavation $861,942.84 $147,271.00 $1,009,213.84
III. Recommended Action: Authorize Mayor Lacy to sign the Interlocal
Agreement between the City and East Wenatchee Water District and the
associated Resolution 2018-08.
IV. Exhibits: Resolution 2018-08 with interlocal agreement attached as Exhibit
A. The map is included in the interlocal agreement as Exhibit A and the
Cost breakdown is attached as Exhibit B.
Financial Data:
Expenditure Required Amount Budgeted Appropriation Required
Construction = $147,271
Engineering (est) = $2,000
TOTAL = $149,271
$197,335
No
05/08/2018 Amended Council Meeting Agenda Page 44 of 57
City of East Wenatchee, Washington Resolution No. 2018-08
A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to sign the Interlocal Cooperation Agreement between the City of East Wenatchee and the East Wenatchee Water District for Utility Work and Pavement Overlay Projects on Johnson Place, S. Iowa Ave., Tedford St. SE, S. June Ave., and 1st St. SE, East Wenatchee, WA.
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al alternateformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@east-wenatchee.com, at (509) 884-9515, or at 711 (TTY).
2. Authority.
2.1. The City of East Wenatchee (“City”) is a non-charter code City duly incorporated and operating under the laws of the State of Washington
2.2. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees.
2.3. RCW Chapter 39.34 authorizes local governmental units to make the most efficient use of their powers and resources by enabling them to cooperate with other localities in the provision of services and facilities under a duly executed interlocal cooperative agreement.
3. Recitals.
3.1. The City’s Transportation Benefit District schedule included overlaying the following streets in 2018: Johnson Place, S. Iowa Ave., Tedford St. SE, S. June Ave., and 1st St. SE.
3.2. The East Wenatchee Water District (“District”) planned to replace water mains and relocate meter boxes within the streets referenced above.
3.3. It is in the best interests of the community and those two agencies to coordinate their respective projects to make the most efficient use of City and District resources and to reduce disruption of these transportation routes.
05/08/2018 Amended Council Meeting Agenda Page 45 of 57
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS:
4. Authorization. The City Council authorizes the Mayor to sign the “Interlocal Cooperation Agreement between the City of East Wenatchee and the East Wenatchee Water District for Utility Work and Pavement Overlay Projects on Johnson Place, S. Iowa Ave., Tedford St. SE, S. June Ave., and 1st St. SE, East Wenatchee, WA.” that is attached to this resolution as Exhibit A.
5. Severability. If a court of competent jurisdiction declares any provision in this Resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolutions.
6. Recording. Once the Interlocal Agreement is signed by all necessary parties, the City Council directs the City Clerk to file the signed original Interlocal Agreement with the Douglas County Auditor and post it on the City’s website.
7. Effective Date. This Resolution is effective immediately. The Interlocal Agreement becomes effective once it has been recorded by the Douglas County Auditor.
Passed by the City Council of East Wenatchee, at a regular meeting thereof on this _____ day of _______________, 2018.
The City of East Wenatchee, Washington By _________________________________ Steven C. Lacy, Mayor Attest: ___________________________ Maria Holman, City Clerk Approved as to form only: ___________________________ Devin Poulson, City Attorney
Filed with the City Clerk: Passed by the City Council: Effective Date:
05/08/2018 Amended Council Meeting Agenda Page 46 of 57
Filed for and Return to: Maria Holman, City Clerk City of East Wenatchee 271 9th Street NE East Wenatchee, WA 98802
The information contained in this boxed section is for recording purposes only pursuant to RCW 36.18 and RCW 65.04, and is not to be relied upon for any other purpose, and shall not affect the intent of any warranty contained in the document itself. Document Title: Interlocal Cooperation Agreement Between the City of East Wenatchee and the East Wenatchee Water District for Utility Work and Pavement Overlay Projects on Johnson Place, S. Iowa Ave., Tedford St. SE, S. June Ave., and 1st St. SE Grantor(s): City of East Wenatchee and East Wenatchee Water District Grantee(s): City of East Wenatchee and East Wenatchee Water District Reference Number(s) of Document Related, Assigned or Released: Not applicable Abbreviated Legal Description Not applicable Complete or Additional Legal Description on page of Document – Not applicable Assessor’s Parcel Number: Not applicable Filed with the Auditor pursuant to RCW 39.34.040
Interlocal Cooperation Agreement Between the City of East Wenatchee and the East Wenatchee Water District for Utility Work and Pavement Overlay Projects on Johnson Place, S. Iowa Ave., Tedford St. SE, S. June Ave., and 1st St. SE
This Interlocal Cooperation Agreement ("Agreement") is hereby entered into by and between City of East Wenatchee ("City") and the East Wenatchee Water District ("District") sometimes collectively referred to as the "Parties”.
WHEREAS, the City is engaged in road improvement projects involving overlaying the following streets: Johnson Place, S. Iowa Ave., Tedford St. SE, S. June Ave., and 1st St. SE., East Wenatchee, Douglas County, Washington ("Projects"); and,
WHEREAS, the District desires to replace a portion of the water main within the Projects and relocate meter boxes before final paving is installed; and,
WHEREAS, the City and the District desire to cooperate in the replacement of utilities prior to and during the construction of the Projects;
NOW, THEREFORE, in consideration of the foregoing, the City and the District agree as follows:
1.Purpose. The purpose of this Agreement is to provide for the replacement of thewater main and meter relocations within the Projects before the roadimprovement overlays occur.
2.Scope of Work. The scope of work associated with the City’s Project is set out inExhibits A and B, which are attached hereto and incorporated herein by thisreference. The general location of the Projects is illustrated in Exhibit A. A costestimate containing a preliminary list of bid items associated with replacing thewater main and meter relocations is set forth in Exhibit B as Schedule A. Thecost of the street overlay Projects is set forth in Exhibit B and is noted asSchedule B.
Exhibit A
05/08/2018 Amended Council Meeting Agenda Page 47 of 57
3.City's Obligations. The City shall:
3.1. Provide the District with the conceptual engineering design on plan andprofile sheets provided by the City's consultant; and any special provisions for the overlay Project.
3.2. Assume all liability associated with City-provided information for the design and specifications for the overlay Projects being included within the Projects as described in Exhibits A and B.
3.3. As provided for in paragraph 8 of this Agreement, reimburse the District for all costs associated with the development of the overlay Project.
3.4. Be responsible for its engineers coordinating with the District and its consultant on all aspects of design and contract document preparation.
4.District's Obligations. The District shall:
4.1. Incorporate the engineering design and specifications of the City's roadwayconstruction plans for the Projects in the water main replacement project, as described in Exhibits A and B.
4.2. Administer the construction contract, including:
4.2.1. Scheduling the construction work;
4.2.2. Disbursement of payments to the roadway contractor; and
4.2.3. Administration of change orders.
4.3. Provide field engineering, including survey control and construction staking.
4.4. Provide all construction inspection, including contractor supervision and field laboratory services.
4.5. Be responsible for the administration, management and budget for this Project.
5.Reservation of Right to Inspect. The District agrees that the City reserves theright to inspect and approve all work done on the Projects prior to the City beingobligated to pay the District its costs for such work.
6.Change Orders. No change orders for the City’s portion of the Projects shall beapproved by the District without prior written authorization from the City.
7.Duration and Termination. This Agreement shall become effective upon thesigning of the Agreement by both Parties and recording with the Douglas CountyAuditor. This Agreement will terminate upon the completion of the Projects, andthe final payment for the street overlay portion of the Projects is received by theDistrict from the City.
8.Cost. The costs associated with City’s Projects is set out in the lowest responsiblebid for the items listed as Schedule B on Exhibit B, including a pro rata amountof the engineering and mobilization costs ("Total Cost"). The City shall
05/08/2018 Amended Council Meeting Agenda Page 48 of 57
reimburse the District an amount equal to the Total Cost, subject to the terms of this Agreement, as adjusted for change orders as set forth herein. The estimated Total Cost is $147,271 plus an additional estimated cost for engineering of $2,000. The City shall make periodic progress payments to the District. Each progress payment, subject to the terms of this Agreement, and the final payment are due within 30 days of the date the payment request is mailed by the District to the City. The City must receive the payment requests by the 10th day of each month in order to meet the 30-day requirement.
9.Records. The District shall keep and maintain accurate and complete costrecords pertaining to the Project and this Agreement. The City shall have fullaccess and the right to examine any such records during the term of thisAgreement. All records, books, documents and other materials maintained,prepared, or issued by the District in the implementation of this Agreementshall be the property of the District, which shall have the responsibility of theretention and release of those materials.
10. Indemnity. The District shall indemnify, defend and hold harmless the City, itsofficers, agents and employees, from and against any and all claims, losses orliability, or any portion thereof, arising from injury or death to persons ordamage to property occasioned by any negligent act, omission or failure of theDistrict, its officers, agents, and employees, in connection with the workdescribed in this agreement, or arising out of the District's non-observance ornon-performance of any law, ordinance, or regulation applicable to the domesticwater line portion of the Project.
11. Severability. In the event that any provision of this Agreement shall bedetermined to be unenforceable or otherwise invalid for any reason, suchprovision shall be enforced and validated to the extent permitted by law. Allother provisions of this Agreement are severable, and the unenforceability orinvalidity of any single provision hereof shall not affect the remainingprovisions.
12. Attorney's Fees. The Parties agree that any dispute arising out of thisAgreement shall be resolved by private arbitration. As part of the arbitrationaward, the substantially prevailing party shall be entitled, in addition to otherrelief, to such reasonable attorneys' fees and costs as determined by thearbitrator.
13. Construction. This Agreement contains the entire agreement between theParties with respect to the subject matter hereof and supersedes all prioragreements or understandings among the Parties with respect thereto. ThisAgreement may be amended only by an agreement in writing signed by theParties.
14. Mutual Negotiation and Construction. This Agreement and each of the termsand provisions hereof are deemed to have been explicitly negotiated between,and; mutually drafted by, the Parties, and the language in all parts of this
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Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or against either Party.
15. Governing Law; Venue. This Agreement is governed by the laws of the state ofWashington, without regard to its conflict of law provisions.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the ________ day of ____________, 2018.
CITY OF EAST WENATCHEE, WASHINGTON
By Steven C. Lacy, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
EAST WENATCHEE WATER DISTRICT
Chair
Commissioner
Commissioner
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Exhibit A
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Exhibit B
Item Description Quantity Unit Price Total Price
A1 Mobilization 1 LS $14,000.00 $14,000.00
A2 Record Drawings 1 LS $2,000.00 $2,000.00
A3 Force Account 1 LS $10,000.00 $10,000.00
A4 Construction Signage and TCS 1 LS $1,670.00 $1,670.00
A5 Flagging 400 Hr $55.00 $22,000.00
A6 Crushed Surfacing Base Course - extra depth 100 Ton $22.00 $2,200.00
A7 Commercial HMA CL 1/2-inch, 2" depth 350 Ton $196.00 $68,600.00
A8 Commercial HMA CL 1/2-inch, 3" depth 210 Ton $163.00 $34,230.00
A9 Repair Existing Side Sewer or Irrigation 15 EA $1,800.00 $27,000.00
A10 Pothole 108 Ea $280.00 $30,240.00
A11 Rock Excavation 50 CY $120.00 $6,000.00
A12 Shoring or Extra Excavation Trench 1 LS $1,100.00 $1,100.00
A13 DI Pipe for Water Main, 4 in. Diam.30 LF $52.00 $1,560.00
A14 DI Pipe for Water Main, 6 in. Diam.88 LF $48.00 $4,224.00
A15 DI Pipe for Water Main, 8 in. Diam.5620 LF $52.50 $295,050.00
A16 DI Pipe for Water Main, 12 in. Diam.108 LF $95.00 $10,260.00
A17 Connection to existing at 2nd St SE and S Iowa Ave 1 LS $2,600.00 $2,600.00
A18 Connection to existing at 1st St SE and S. Jarvis Ave 1 LS $2,400.00 $2,400.00
A19 Connection to existing at 1st St SE and S. June Ave 1 LS $3,200.00 $3,200.00
A20 Connection to existing at S. June Ave and SE Tedford St 1 LS $2,600.00 $2,600.00
A21 Connection to existing at S. June Ave and Grant Rd 1 LS $3,000.00 $3,000.00
A22 Connection to existing at S. Iowa Ave and SE Tedford St 2 LS $7,000.00 $14,000.00
A23 Connection to existing at Johnson Pl NE 1 LS $3,250.00 $3,250.00
A24 Connection to existing at 4th St NE near Eastmont 1 LS $3,200.00 $3,200.00
A25 Connection to existing at 4th St NE near Johnson Pl SE 1 LS $2,500.00 $2,500.00
A26 Connection to existing at N. Empire Ave and 34th St NW 1 LS $11,500.00 $11,500.00
A27 Connection to existing at 34th St NW and NW David Ave 1 LS $2,600.00 $2,600.00
A28 Connection to existing at 34th St NW and N. Cascade Ave 1 LS $4,850.00 $4,850.00
A29 Abandonment of Terminated Water Facilities 1 LS $14,200.00 $14,200.00
A30 Casing Sleeve - 14 In. Diam.100 LF $71.00 $7,100.00
A31 Gate Valve 4 In.2 Ea $700.00 $1,400.00
A32 Gate Valve 6 In.1 Ea $925.00 $925.00
A33 Gate Valve 8 In.22 Ea $1,360.00 $29,920.00
A34 Gate Valve 12 In.1 Ea $2,500.00 $2,500.00
A35 Adjust Valve Box 27 Ea $460.00 $12,420.00
A36 Hydrant Assembly 5 Ea $5,200.00 $26,000.00
A37 Hydrant Guard Post 8 Ea $450.00 $3,600.00
A38 Reconnect 1 In. Diam. Service 46 Ea $1,100.00 $50,600.00
A39 Reconnect 1.5 In. Diam. Service 29 Ea $1,400.00 $40,600.00
A40 Service line extension 461 LF $11.00 $5,071.00
A41 Spare water service 1 Ea $2,150.00 $2,150.00
A42 CDF Watermain 20 LF $715.00 $14,300.00
SUBTOTAL $796,620.00
Sales Tax @ 8.2%$65,322.84
TOTAL AMOUNT BID SCHEDULE A $861,942.84
B1 Mobilization 1 LS $3,100.00 $3,100.00
B2 Project Temporary Traffic Control 1 LS $3,200.00 $3,200.00
B3 Pavement Repair HMA CL 1/2-inch, 2" depth 12 Ton $118.00 $1,416.00
B4 HMA Overlay CL 3/8-inch, 1.25 Inch depth 16500 SY $7.40 $122,100.00
B5 Planing bituminous pavement 9500 LF $1.00 $9,500.00
B6 Adjust Manholes and Catch Basins 9 EA $340.00 $3,060.00
B7 Adjust Valve Box 5 EA $475.00 $2,375.00
B8 Adjust Monuments 6 EA $420.00 $2,520.00
TOTAL AMOUNT BID SCHEDULE B $147,271.00
TOTAL of Schedule A and Schedule B $1,009,213.84
Smith Excavation2018 Steel Main Replacements
East Wenatchee Water District
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