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• <br /> 1 ORDINANCE NO. $/O -1/ <br /> 2 AN ORDINANCE amending Ordinance No. 295-74, Chapter 7, Section 4, <br /> (codified as E.M.C. 5.28.040), reducing the auctioneers license fee <br /> 3 from Fifty Dollars per auction to One Hundred Dollars per year. <br /> 4 <br /> 5 WHEREAS, City Council adopted Ordinance No. 295-74, Chapter 7, Section 4 <br /> 6 which sets the auctioneers license fee at Fifty Dollars per auction; and <br /> 7 WHEREAS, City Council finds that a more appropriate fee would be One <br /> 8 Hundred Dollars per year. <br /> 9 NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> 10 Section 1: Ordinance No. 295-74, Chapter 7, Section 4 which is codified as <br /> 11 E.M.C. 5.28.040 and reads as follows: <br /> 12 <br /> 5.28.040 License fee. <br /> 13 <br /> Any auctioneer selling, attempting to sell, or offering for sale any jewelry <br /> 14 consisting of watches, diamonds, precious stones and all jewelry of gold, <br /> silver or other metal, or anything commonly known as jewelry; or any <br /> 15 clothing, boots, shoes, dry goods, furniture, household goods of every kind, <br /> or any goods, wares or merchandise not otherwise mentioned herein, and <br /> 16 whether of the kind mentioned herein or not, at public auction in said city <br /> shall pay into the city treasury a license fee at the rate of fifty dollars <br /> 17 per year and procure license therefor upon payment of said license fee; <br /> provided however, a bona fide charitable nonprofit organization shall be <br /> 18 allowed to conduct one auction per year, for a period not exceeding more <br /> than three days, on the following conditions: <br /> 19 <br /> A. That the organization is a "bona fide charitable nonprofit organi- <br /> 20 zation" duly existing under the provisions of RCW Chapters 24.12, <br /> 24.20, or 24.28, or any nonprofit corporation duly existing under <br /> 21 the provisions of RCW Chapter 24.03 for charitable, benevolent, <br /> eleemosynary, educational, civic purposes only. The fact that <br /> 22 • contributions to an organization do not qualify for charitable <br /> contribution deduction purposes or that the organization is not <br /> 23 otherwise exempt from payment of federal income taxes pursuant <br /> to the Internal Revenue Code of 1954, as amended, shall constitute <br /> 24 prima facie evidence that the organization is not a bona fide <br /> charitable or nonprofit organization for the purposes of this <br /> 25 section; <br /> 26 B. The auction be conducted by members of a "bona fide charitable <br /> nonprofit organization" and no person other than the organization <br /> 27 conducting said auction shall receive any benefit from such <br /> auction; <br /> 28 <br /> C. That the organization pay into the city treasury a license fee at <br /> 29 the rate of five dollars and procure a license therefor upon <br /> payment of said license fee. <br /> 30 <br /> 31 be and the same is hereby amended to read as follows: <br /> 32 <br />