City of Port Angeles v. Hadsell
City of Port Angeles v. Hadsell
Opinion of the Court
Defendant Douglas Hndsell appeals from his conviction of conducting a business without a license, in violation of a Port Angeles city ordinance. He contends on appeal that the city unconstitutionally delegated its licensing authority to a private organization, resulting in the denial of a license to defendant. We hold that defendant failed to make a reasonable effort to obtain licensing; hence we affirm without reaching the delegation issue.
On December 22, 1975, the Port Angeles Arts in Action organization requested the use of Laurel Street for their yearly Art Fair. On January 6, 1976, the Port Angeles City Council approved the plan to locate fair booths on that street for July 17 and 18, 1976. The council made no statement of the standards to be applied in granting permission to those who wished to take part in the fair and sell their arts and crafts. The Art Fair and certain interested merchants then set up a screening committee to control the type of applicants and quality of entries allowed in the fair. The maximum number of entrants was set at 85, and entrants were to be monitored continuously during the 2-day fair.
Some weeks prior to the Art Fair, defendant went to the Port Angeles city hall and requested a peddler's license for
Port Angeles city ordinance 673 provides in part:
That the following persons are hereby declared to be disorderly persons:
8. Conducting Business Without License. Any person who shall carry on or conduct any business, trade or occupation, within the city limits of the City of Port Angeles, for which a license is required, without the license fee having been paid therefor, and to use or permit the use of any license for any purpose other than that for which it is issued, or by any other person, place, vehicle or business.
Additionally, the city code of Port Angeles, section 5.72.020, states:
Peddler's License Required. It is unlawful for any person to peddle any article or thing in the City or conduct himself as a peddler without first procuring a license so to do, known as a peddler's license. Each peddler's license shall specify arts or things to be peddled and the period of time for which the license is issued.
In the present case, there was no formal application by defendant and no evidence that the employees with whom he spoke were authorized by the city to take final action on licensing applications.
Since the peddler's licensing ordinance is valid on its face, and since defendant chose to intentionally violate it rather than exhaust his administrative remedies to obtain a license, we affirm.
Reed, C.J., and Petrie, J., concur.
We distinguish the present case from Rogers v. Toppenish, 23 Wn. App. 554, 596 P.2d 1096 (1979), in which Division Three held a municipality liable for the representations of its city building inspector, whose job specifically included administration of zoning ordinances, concerning whether an apartment could be built on the plaintiff's property, and upon which the plaintiff detrimentally relied.
Questioned on other grounds in Kelso v. Tacoma, 63 Wn.2d 913, 916, 390 P.2d 2 (1964).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.