Title 5 BUSINESS LICENSES AND REGULATIONS – Lincoln County, WA Skip to content

Title 5 BUSINESS LICENSES AND REGULATIONS

Chapters:

5.04 Pool and Billiard Rooms

5.08 Secondhand Dealers

5.12 Right to Farm

Chapter 5.04

POOL AND BILLIARD ROOMS

Sections:

5.04.010 License required–Fee.

5.04.010 License required–Fee.

The license fee for such pool rooms shall be twenty-five dollars (§ 25.00) per annum, for the year 1925 and subsequent years, or until this order shall be revoked. The license fee shall be paid annually in advance, before any such pool room shall be operated in Lincoln County. Any license granted under this section shall not be transferable, and if for any reason such license is revoked, no refund shall be paid. The board of county commissioners shall have the power to revoke any such license upon proper showing of any elector of Lincoln County, for such revocation. (Comm. Order dated 1-7-1925)

Chapter 5.08

SECONDHAND DEALERS

Sections:

5.08.010 Definitions.

5.08.020 License–Required–Issuance criteria.

5.08.030 License–Fee–Term.

5.08.040 Records required.

5.08.050 Transaction reports.

5.08.060 Sheriff’s department duties.

5.08.070 Regulations regarding articles and transactions.

5.08.080 Prohibited acts–Violation– Misdemeanor.

5.08.010 Definitions.

For the purpose of this chapter, a ?dealer in secondhand goods? means any person, association, or corporation which buys or sells, takes or exchanges, or keeps for sale, used or secondhand personal property, including metal junk, or melted metals, provided, that this chapter shall not apply to casual and isolated sales of one’s own personal property, unless made by a person, firm or corporation engaged in the business of dealing in second-hand property; provided further, that this chapter shall not apply to any person, association or corporation who shall buy any such used or secondhand personal property from a duly licensed dealer in secondhand goods. (Ord. 79-3 § 1)

5.08.020 License–Required–Issuance criteria.

It is unlawful for any person, association or corporation to do business as a dealer in secondhand goods without a license therefor, as herein provided, provided that, no such license shall be granted or issued to any person under the age of eighteen (18), or to any association or corporation whose managing agent is under the age of eighteen (18) years. (Ord. 79-3 § 2)

5.08.030 License–Fee–Term.

The license fee required of every dealer in secondhand goods shall be three dollars (§ 3.00) for each year or part thereof beginning with the adoption of this chapter, and expiring December 31st of each year thereafter. The Lincoln County auditor shall issue such license. (Ord. 79-3 § 3)

5.08.040 Records required.

A. It shall be the duty of every dealer in secondhand goods doing business in the county of Lincoln to maintain in his/her place of business a book or other permanent record in which shall be legibly written in the English language at the time of any transaction involving secondhand personal property, the following information:

1. The date of the transaction;

2. The name of the person or employee conducting the same;

3. The name, sex, date of birth, height, weight, color of hair and eyes, the address of and the driver’s license number as well as the vehicle license number and social security number of the person or persons with whom the transaction is had;

4. The street and house number of the place from which the property bought or received was last removed;

5. A description of the property bought or received, including serial numbers of all articles so marked, and any inscription or identifying marks, as well as the brand or manufacturing name;

6. The price paid for the property bought or received.

B. The record required shall be kept by the dealer for at least three years following the date of the transaction recorded.

C. Such record, and all goods received, shall at all times during the ordinary hours of business, be open to the inspection of the prosecuting authority or representatives thereof of the state and county, or of any peace officer thereof. (Ord. 79-3 §§ 4, 5)

5.08.050 Transaction reports.

It shall be the duty of every dealer in secondhand goods to furnish the sheriff of Lincoln County at his/her office by noon of each day, on such forms as may be provided or authorized by the sheriff of Lincoln County, a full, true and correct record of each transaction had at his/her place of business on the previous day, as called for by the form. (Ord. 79-3 § 6)

5.08.060 Sheriff’s department duties.

It shall be the duty of the Lincoln County sheriff’s department to furnish to each person, association or corporation regulated hereunder a copy of this chapter and maintain a record of all reports and periodically inspect the record maintained by all dealers in secondhand goods. (Ord. 79-3 § 7)

5.08.070 Regulations regarding articles and transactions.

A. No dealer in secondhand goods shall sell, trade or otherwise dispose of any article received in any transaction herein regulated, or remove or permit removal of any such article from his/her place of business within five days after the receipt of such goods has been reported to the sheriff of Lincoln County as herein provided.

B. Every article received in any transaction regulated hereunder shall be so identified and/or segregated that any person authorized to make inspection thereof may identify such property in connection with the recorded transaction by which it was received during the five days immediately following the time when the record required by the sheriff of Lincoln County is actually received by him/her.

C. No person, association or corporation regulated hereunder shall knowingly receive any personal property in any transaction whatever from any person under the influence of intoxicating liquor or drugs, from any person under the age of eighteen (18) years, from any habitual drunkard, from any person who is known to him/her to be a thief or receiver of stolen property, or any person whom the dealer has reason to believe or suspect to be such a person. (Ord. 79-3 §§ 8, 9, 10)

5.08.080 Prohibited acts–Violation– Misdemeanor.

Every dealer in secondhand goods, clerk, agent or employee thereof, who shall:

A. Fail to make an entry of any material matter in his/her book or record kept as provided for herein; or,

B. Make any false entry therein; or

C. Falsify, obliterate, destroy or remove from his/her place of business such book or record within three years of the time of the transactions recorded therein; or

D. Refuse to allow the prosecuting authority of the state or county, or authorized representative or any peace officer thereof to inspect the same, or any goods in his/her possession, during the ordinary hours of business; or

E. Report any material matter falsely to the sheriff of Lincoln County; or

F. Having forms provided therefor, shall fail before noon of each day to furnish the sheriff of Lincoln County with a full, true and correct transcript of the record of all transactions had on the previous day, it being the intent of this section that Saturday’s may be reported on Monday; or

G. Fail to report forthwith to the sheriff of Lincoln County the possession of any property which he/she 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/her; or

H. Remove, or allow to be removed from his/her place of business, any property received, within five days after the receipt thereof shall have been reported to the sheriff of Lincoln County; or

I. Receive any property from any person under the age of eighteen (18) years, any common drunkard, any habitual user of narcotic drugs, any habitual criminal, any person in an intoxicated condition, any known thief or receiver of stolen property, whether such person be acting in his/her own behalf or as the agent of another; or

J. Violate any other provision of this chapter,

shall be guilty of a misdemeanor. (Ord. 79-3 § 11)

Chapter 5.12

RIGHT TO FARM

Sections:

5.12.010 Definitions.

5.12.020 Regulations.

5.12.030 Effect of regulations.

5.12.010 Definitions.

As used in this chapter, the following terms are defined in this section:

?Farm? means the land, buildings, and machinery used in the commercial production of farm products.

?Farm operation? means a condition or activity which occurs on a farm in connection with the commercial production of farm products, and includes, but is not limited to, marketed produce at roadside stands or farm markets; noise; odors; dust; fumes; operation of machinery and irrigation pumps; ground and aerial seeding and spraying; the application of chemical fertilizers, conditioners, insecticides, pesticides and herbicides, and associated drifts of such materials; and the employment and use of labor.

?Farm product? means those plants and animals useful to human beings and includes, but is not limited to, forages and sod crops, grains and feed crops, dairy and dairy products, poultry and poultry products, livestock, including breeding and grazing, fruits, vegetables, flowers, seeds, grasses, trees, fish, apiaries, equine and other similar products, or any other product which incorporates the use of food, feed, fiber or fur.

?Generally accepted agricultural and management practices? means those historic practices and those practices as defined by the State of Washington Department of Agriculture, recommendations of Washington State Co-Operative Extension Services, and other professional and industry agricultural organizations.

?Persons means an individual, corporation, partnership, association, or other legal entity. (Res. 90-40 ? 1)

5.12.020 Regulations.

A. A farm operation shall not be found to be a public or private nuisance if the farm or farm operation conforms to generally accepted agricultural and management practices.

B. A farm or farm operation shall not be found to be a public or private nuisance if the farm or farm operation existed before a change in the land use or occupancy of adjacent land or other land in the general area.

C. Farm operations shall not be restricted to time of day or day or days of the week, but shall be conducted according to general accepted agricultural and management practices.

D. A farm operation shall not be found to be a public or private nuisance when conducted according to generally accepted management practices when in turn these practices may be subject to varying conditions which include but are not limited to: geographical location, weather, soil types and conditions, type of crop or livestock and management systems.

E. During any spray operations, farmers may post county approved caution signs on county rights-of-way that read ?Caution Spraying In Progress.? (Res. 90-40 ?? 2–6)

5.12.030 Effect of regulations.

This chapter should not be construed to compromise existing county, state and federal laws. (Res. 90-40 ? 7)