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HomeMy WebLinkAboutord2026-003Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 a Bellingham, WA 98225-4038 (360)778-5010 Agenda Bill Master Report File Number: AB2026-118 File ID: AB2026-118 Version: 1 Status: Adopted File Created: 01/23/2026 Entered by: KSmith@co.whatcom.wa.us Department: Council Office File Type: Ordinance Assigned to: Council Final Action: 02/10/2026 Agenda Date: 02/10/2026 Enactment #: ORD 2026-003 Related Files: Primary Contact Email: ksmith@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Ordinance amending Whatcom County Code Section 5.40.010 to change the permit threshold for outdoor musical entertainment, amusements, and assemblies SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: none HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 01/27/2026 Council INTRODUCED FOR PUBLIC Council HEARING Aye: 6 Boyle, Buchanan, Galloway, Rienstra, Scanlon, and Stremler Nay: 1 Elenbaas 02/10/2026 Council ADOPTED Aye: 7 Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 02/10/2026 Council Committee of the Whole DISCUSSED Attachments: Proposed Ordinance, Whatcom County Code 5.40, Revised Code of Washington 70.108, Notice of Hearing after 1.27.2026 Whatcom County Page 1 Printed on 211112026 PROPOSED BY: CLERK OF THE COUNCIL INTRODUCED: JANUARY 27. 2026 ORDINANCE NO.2026-003 AMENDING WHATCOM COUNTY CODE SECTION 5.40.010 TO CHANGE THE PERMIT THRESHOLD FOR OUTDOOR MUSICAL ENTERTAINMENT, AMUSEMENTS AND ASSEMBLIES WHEREAS, Whatcom County Code Chapter 5.40 provides for the process of obtaining a permit to present outdoor, live, or recorded musical entertainment; and WHEREAS, Chapter 5.40 currently applies to events that are expected to attract 1,000 or more persons and where a charge or contribution is required for admission; and WHEREAS, RCW 70.108 Outdoor Music Festivals provides that permits are required for outdoor musical events where the predicted attendance is 2,000 persons or more and where the duration of the program is five hours or longer; and WHEREAS, the council desires to support smaller festivals and events that contribute to Whatcom County's economy and support arts events in the community; and WHEREAS, the council finds that the requirements for obtaining a permit may be onerous for smaller events; and WHEREAS, the council believes it is appropriate to raise the attendance threshold for requiring a permit so that it matches the threshold provided for in state law. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code Section 5.40.010 is hereby amended as shown in Exhibit A. ADOPTED this loth day of February , 2026 ATT T���`��`Ci� ,`. •�.oVAf��i� • H T Cathy a, CI `r i f the Cobncill" _ STATE OF,�.. �1 � APPROVED AS°TF( ;. Q.8 M•' Kimberlv Thulln by email 1/23/26 (ks) Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON KyleIVGalloway, Council Chair WHATCOM COUNTY EXECUTIVE W ATCOM COUNTY, HINGTON Satpal Sid u, County Executive X) Approved Date Signed: ) Denied 2,1% °Z6 Exhibit A Chapter 5.40 OUTDOOR MUSICAL ENTERTAINMENT, AMUSEMENTS AND ASSEMBLIES Sections: 5.40.010 Permit required. 5.40.010 Permit required. It is unlawful for any person, persons, organization, landowner, or lessor to allow, encourage, organize, promote, conduct, permit or cause to be advertised an entertainment, amusement, or assembly of persons wherein one of the primary purposes will be the presentation of outdoor, live, or recorded musical entertainment, which said person, persons, or corporation, organization, landowner or lessor believes or has reason to believe will attract 2,000 or more persons, where the duration of the program is five hours or longer, and where a charge or contribution is required for admission, unless a valid county permit has been obtained for the operation of the assembly pursuant to RCW Chapter 70.108, Outdoor Music Festivals. (Prior code § 4.12.010).