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HomeMy WebLinkAboutReg 2016-02-16 Item 4F - Ordinance/Resoluton - TMC Title 5 "Business Licenses and Regulations" UpdateCOUNCIL AGENDA SYNOPSIS ---------------------------------- I I I ill, a /j - --------------------------------- I ITEMNO. Ykleefiq Dale Prepared by Mayor' re iew ('011ndl review 02/16/16 SG A r, Z 01-dinant-e Al/ Dale 2116116 ❑ Bid. dward Al/ g Dale ❑ Pijb&, I learin,g A ftg Dale [:] Other Al g Dale SPONSOR ❑ Cou&,il ❑ Mayor ❑ I-11Z ❑ D(,I,) Z Finance E] 17ire ❑ IT ❑ P&R ❑ Po&v ❑ PIF SPONSOR'S Ordinance: Updates to Title 5 - Business Licenses and Regulations and Resolution: adopting a Business License Fee Schedule Rl,"virlwP1) BY ❑ cow Mtg. ❑ CA&P Cmte Z F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. [:] Parks Comm. ❑ Planning Comm. DATE: 02/02/2016 COMMITTEE CHAIR: SEAL RECOMMENDATIONS: SPONSoR /ADNIIN. Finance CONINIFITN', Unanimous Approval; forward to 02/16/2016 Consent Agenda COST IMPACT/ FUND SOURCE I 1,"X Ill "N DITURF R1 I H I 'D AMo[JN,r Buwal-rili) APPROPRIATION Rr-,,Quiju-,1i) Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/16/16 I k 9:4 6 11 ill 1101 V M F-111 I MIJ Ego WE STAFFSPONSOR: PEGGY MCCARTHY 02/16/16 AG&NDA TTFNITITLI� Title 5 "Business Licenses and Regulations" Update Cx1,1?(,,()1o, ❑ DI-J'CHYfion ,A fIg L)(,Ie ❑ Motion P1tg Date Z Resolution llty lame 2/76/16 Z 01-dinant-e Al/ Dale 2116116 ❑ Bid. dward Al/ g Dale ❑ Pijb&, I learin,g A ftg Dale [:] Other Al g Dale SPONSOR ❑ Cou&,il ❑ Mayor ❑ I-11Z ❑ D(,I,) Z Finance E] 17ire ❑ IT ❑ P&R ❑ Po&v ❑ PIF SPONSOR'S Ordinance: Updates to Title 5 - Business Licenses and Regulations and Resolution: adopting a Business License Fee Schedule Rl,"virlwP1) BY ❑ cow Mtg. ❑ CA&P Cmte Z F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. [:] Parks Comm. ❑ Planning Comm. DATE: 02/02/2016 COMMITTEE CHAIR: SEAL RECOMMENDATIONS: SPONSoR /ADNIIN. Finance CONINIFITN', Unanimous Approval; forward to 02/16/2016 Consent Agenda COST IMPACT/ FUND SOURCE I 1,"X Ill "N DITURF R1 I H I 'D AMo[JN,r Buwal-rili) APPROPRIATION Rr-,,Quiju-,1i) Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/16/16 MTG. DATE ATTACHMENTS 02/16/16 Informational Memorandum dated 02/02/2016 Ordinance in draft form Resolution in draft form Minutes from the Finance and Safety Comittee meeting of 21211fi WE M-8 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Ekberg Finance and Safety Committee FROM: Peggy McCarthy, Finance Director BY: Sandy Garrett, Senior Finance Coordinator DATE: February 2, 2016 SUBJECT: Ordinance: Updates to Title 5 - Business Licenses and Regulations and Resolution: adopting a Business License Fee Schedule ISSUE The purpose of the proposed amendments within the ordinance includes clarifying language and removing the fee schedule information. The purpose of the proposed resolution is to establish business license fees in a format that will improve clarity and simplify future updates. BACKGROUND Title 5 of the Tukwila Municipal Code is a compilation of ordinances that have been combined and amended over the years to provide clear, concise information related to the process of issuance of business licenses. As the day to day operations of issuing licenses takes place, opportunities to fine tune the document are identified. At this time the opportunities identified by the Finance Department include clarifying language and simplifying the process by establishing a fee schedule in a separate document. Mention of specific fees throughout the document is removed and replaced with "in accordance with the fee scheduled adopted by resolution of the City Council ". A proposed resolution setting forth a schedule of fees is attached. Chapter 5.04 Section 5.04.010 — Definitions is amended to include the verbiage "Hours worked includes paid time off." At the end of definition 10. - "Full time equivalent (FTE) ". Other items are being recommended to clarify language and provide consistency throughout the document FINANCIAL IMPACT There will be no financial impact RECOMMENDATION The Finance and Safety Committee is asked to provide a recommendation to forward the ordinance and resolution to the February 16, 2016 Regular Meeting consent agenda. 61 INFORMATIONAL MEMO Page 2 ATTACHMENTS Draft resolution setting forth a Business License fee schedule Draft ordinance amending various ordinances as codified in Tukwila Municipal Code Title 5, "Business Licenses and Regulations .: DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A BUSINESS LICENSE FEE SCHEDULE. WHEREAS, the City has analyzed current business license fees; and WHEREAS, adopting business license fees in a separate document will improve clarity and accessibility and allow them to be more easily updated in the future; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Fee Schedule. Business license fees will be charged according to the following schedule, which shall supersede any previously adopted business license fee or penalty. W: \Word Processing \Resolutions \Business license fee schedule 1 -27 -16 SG:bjs (continued...) Page 1 of 4 63 m ANNUAL BUSINESS LICENSE FEE SCHEDULE Standard license fee: Business license fee $12.00 per full time equivalent employee (FTE) plus plus Revenue generating regulatory $55.00 per full time equivalent employee (FTE) license (RGRL) fee equals equals Combined license fee $67.00 total per full time equivalent employee (FTE) (business license + RGRL) Fee Calculation Minimum Fee Multiplier $67.00 x 0.03489 = $ Fee Due Annual Hours (up to 1,920 hours) • Annual hours equal the total number of hours worked in a calendar year by owners, managers and employees including family members —both full and part time. Hours worked includes paid time off. • The multiplier equals the annual combined fee divided by 1,920, which is the standard full - time equivalent (FTE) annual employee work hours. • The minimum fee for any license is $67.00, which is the fee for up to 1,920 hours worked in a calendar year. Other annual license fees: Adult Cabaret establishment $500.00 + Combined license fee (per above calculation) Adult Cabaret entertainer $75.00 + Combined license fee (per above calculation) Adult Cabaret manager $75.00 Adult Entertainment Cabaret $500.00 + Combined license fee (per above calculation) establishment Adult Entertainment Cabaret $75.00 + Combined license fee (per above calculation) entertainer Adult Entertainment Cabaret $75.00 manager W: \Word Processing \Resolutions \Business license fee schedule 1 -27 -16 SG:bjs Page 2 of 4 65 Amusement Center $500.00 + Combined license fee (per above calculation) Amusement device fee $50.00 per device + Combined license fee (per above calculation) Amusement device removal fee $50.00 per device Amusement device storage fee $10.00 per device per day Appeal Fee $250.00 Cabaret establishment $300.00 + Combined license fee (per above calculation) Contractor based outside of Tukwila Same as Combined license fee (per above calculation) Panoram premises $100.00 Panoram device $50.00 per device Panoram operator $725.00 Penalty for late acquisition of business license (operating a business without a valid license) If received or postmarked within 0 to 30 days of operation = 5% of license fee If received or postmarked within 31 to 60 days of operation = 10% of license fee If received or postmarked within 61 to 90 days of operation = 15% of license fee If received or postmarked within 91 to 120 days of operation = 20% of license fee If received or postmarked at 121 days of operation or longer = maximum of 25% of license fee Penalty for late renewal of business license If received or postmarked Feb. 1 through Feb. 28 = 15% of license fee If received or postmarked March 1 through March 31 = 30% of license fee If received or postmarked April 1 or later = 45% of license fee Peddler /Solicitor $67.00 Reinstatement of license fee $50.00 Washington State Patrol WATCH background check $12.00 W: \Word Processing \Resolutions \Business license fee schedule 1 -27 -16 SG:bjs •• Page 3 of 4 Section 2. Effective Date. The fee schedule contained in this resolution shall be effective immediately. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2016. ATTEST /AUTH ENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Joe Duffie, Council President Filed with the City Clerk:_ Passed by the City Council: Resolution Number: W: \Word Processing \Resolutions \Business license fee schedule 1 -27 -16 SG:hjs Page 4 of 4 MA M.: DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON; AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 5, "BUSINESS LICENSES AND REGULATIONS," TO REMOVE OBSOLETE PROVISIONS AND FEES FROM THE ORDINANCE LANGUAGE, CLARIFY APPEAL PROCEDURES, AND ADD A FEE REFERENCE FOR THE WASHINGTON ACCESS TO CRIMINAL HISTORY (WATCH) REPORT REQUIRED FOR PEDDLER/ SOLICITOR LICENSE APPLICANTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in the interest of the public health, safety, and welfare, the City Council desires to update Title 5 of the Tukwila Municipal Code (TMC) to clarify the licensing practices and appeal process and to improve consistency across all types of licenses; and WHEREAS, the City desires to formalize use of the Washington Access to Criminal History (WATCH) report in conjunction with the criminal history background investigation for peddler /solicitor license applicants; and WHEREAS, business license fees shall be moved into a consolidated fee resolution for improved clarity and accessibility; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 5.04.010 Amended. Ordinance Nos. 2381 §1, 2356 §1, 2333 §1 and 2315 §1 (part), as codified at Tukwila Municipal Code (TMC) Section 5.04.010, Subparagraph 10, are hereby amended to read as follows: W: Word Processing \Ordinances \Business license fees pulled out strike -thru 1 -27 -16 SG:bjs Page 1 of 28 •• Mz l 1 [12 MHilftC6 F 10. "Full time equivalent (FTE)" is a unit of measure equivalent to one employee working full -time. An FTE equals the number of hours worked by an employee in a calendar year divided by 1,920 (the work hour figure used by the Washington Department of Labor and Industries), not to exceed one. Hours worked includes paid time off. Section 2. TMC Section 5.04.020 Amended. Ordinance Nos. 2381 §3, 2356 §2, 2333 §3 and 2315 §1 (part), as codified at TMC Section 5.04.020, are hereby amended to read as follows: 5.04.020 Applications and fees required A. Application Required. Any person desiring to establish or conduct any business enterprise or undertaking within the corporate limits of the City shall first apply to the Finance Department for a license to conduct such business. The application shall be upon a form furnished by the Finance Department on which the applicant shall state the company name and address; the nature of the business activity or activities in which he/she desires to engage; the place where the business will be conducted; the number of employees, whether full or part -time, on the payroll as of January 1, or, if a new business, the number to be employed on the opening date; the Washington State Unified Business Identifier (UBI) number; and other information pertaining to the business as required by the City. Owners of residential rental property are not subject to the application requirements in this chapter but shall adhere to the application requirements in TMC Chapter 5.06. B. Fee - General. 1. The application must be accompanied by paymeRt f0F the amount of the liGeRSe f the appropriate application fee in accordance with the fee schedule adopted by resolution of the City Council. The license fee for the annual license (Combined Business License fee) issued under this chapter shall be $67.00 calculated per full -time equivalent (FTE) employee, which -and be eonsistscomprised of a $12.00 nor FTE Business License fee, plus a $55.00 peT- F=T;ERevenue Generating Regulatory License (RGRL) fee calculated in accordance with the fee schedule adopted by resolution of the City Council. The annual Iil�Zncw foo�_�hUl�_�i r �l� ��l�te � h� mi ilti�l�Tnr� rho n_r_r.armba_� of full l t m.e�rv�ci�v during ng +he previous GaleRdaF year sb�y - the lrticen nnc° fee 7 Fnr owners of r�.id.enti ^I rent +I nrnneriiec ��rith 5 ar maro Nnitc the �riri�� r- .r�r -� tirCtr- ra.-rrcc.rr t✓ vN�. r.. ., fee shall be-GatGulated by ninrRg the tot . e. Multiplying e -na mher -a un ll time equivalent th -t worked in calf h r ear ei vy zh_e RrGRL fee—, _and h �h°— an- n- aa;— G?ec.� aenla� l °tal - gNS4neS L +£2f1Se£'e-- &S- ��efF3i tit - -I F! T "n o -Seo 5-.06-.D4-G-. W: Word Processing \Ordinances \Business license fees pulled out strike -thru 1 -27 -16 SG:bjs Page 2 of 28 70 32. It will be the responsibility of the business eresidential -- rental proper+„ ewneFto determine the total number of FTE employees and, if required, demonstrate to the satisfaction of the Finance Director or his1he -; de- �z that the calculation and information pertaining to the Combined Business License fee are accurate. Employers Businesses without a full year of operating history shall estimate the number of FTE employees that will be employed in a 12 -month period. C. Minimum Fee. There shall be an annual minimum fee for an gnat Combined Business License of $67.00, ^� hmoo „,ch- cQnststscomprised of a $12.00 Business License fee and an $55.00 RGRL fee, in accordance with the fee schedule adopted by resolution of the City Council. An entity subject to exemption pursuant to, e Gept for an- entity defined in TMC Section 5.04.090 may not pay a Combined Business License fee. 1. A business with less than $12,000.00 of annual gross receipts shall pay the minimum license fee. 2 D residential rental property with, fewer than � units shall ho exempt from - - �r�c�- r�rY7�— r�.- rrc�T-- p' r- vpc.- rcy— vvTm— r�vcr- �r— rrrcn- i— v- �a- rrrc�r— ur- rur� —o �, ,..�cc,x- r- �-P' -e GRI feel but shall - be- subject to the -Res denti, sera- tat - Btu ;mess- L;sense -fee —1 iirements asset 32. An entity engaging in some activities or functions that are exempt from the combined Annual Business License fee and some that are not exempt shall pay an Annual Business License fee based on the number of #u„t time —eg .vatentFTE employees involved in the functions or activities that are not exempt. 43. An individual person operating more than one business as a sole proprietorship I Tg -mere thaan --Re- ,-s;Qe ,t;at4ental--p:Gped� - within the corporate limits of the City shall pay only one RGRL fee per year, at an amount equal to the highest RGRL fee for any one of thate individual's m„'to;e businesses. 7 . 4- net- ethen4se exempt the -IMIC Sente�n X04-02 .- C4Thissection shall not apply if any one of the businesses OF properties owned by the sole proprietor has three or more f ” t,�r44:n ��]_&n FTE employees. 54. If a business has more than one location +n- within the corporate limits of the CC�Tu�, the Combined Business License fee for each location calculation -shall in„- Gl de at- ��- leastbe no less than the minimum fee required under this chapter;o; aaeh to a#erg. 65. The Combined Business License fee for a business required to be licensed under this chapter and not located within the City's corporate limits shall be calculated by multiplying the Business License fee by the number of FTE employees working within the City's corporate limits, but in no event shall the Combined Business License fee be less than the minimum 4Gepse-fee set forth in this chapter. If the number of FTE employees is not known at the time of application or renewal of the license, the business shall estimate the maximum number of FTE employees they anticipate working within the City's corporate limits +n- Tu_kw4a -for the 12 -month period subject to licensure. W: Word Processing \Ordinances \Business license fees pulled out strike -thru 1 -27 -16 SG:bjs Page 3 of 28 71 76. Businesses doing business in the City that have no employees physically working within the City's corporate limits shall pay the minimum fee required under this chapter. ,97. Businesses or organizations eligible for a temporary business license pursuant to TMC Section 5.04.010 will be required to pay the minimum $67.00 -bu-s4 ,,s 4cease -fee under this chapter. u4es_s -tie -This section shall not apply if the applicant is applying for a license related to his /her is- participation at a City- sponsored event or as part of an event held at the Tukwila Community Center. If an the applicant is participating applying for a license related to his /her participation at a City- sponsored event or as part of an event held at the Tukwila Community Center4hey the applicant is w +4a - -4 required to complete all application requirements and approvals required by the City's Parks and Recreation Department. D. New Businesses. The Combined Business License fee for a new business shall be based on the estimated number of FTE employees that will work in Tukwila for a 12 -month period. If, during the first license year for a new business, the City determines the actual number of employees is significantly different than the estimated number identified by the business owner, the amount of the Combined Business License fee will be recalculated for the new business. If the revised Combined a pma4 Business License fee is higher than the original Combined Business License fee paid by the business owner for the first license year, the business owner must pay the difference to the City within 30 days after written not+ftatien- notice of the amount owed is sent to the business owner by the City. E. Over - reporting Number of Employees Hours. In the event the business owner miscounted the number of FTE employee hours by an error factor of more than 15% and paid an excess Combined Business License fee as a result, Aa business may request that the City refund the overpayment4ic-e fee overpaid on the bass that. hu isinocc mi ,�� t e number of FTE em tees y an error fart of more {� n a.�cr��Yrr�..rs -ii n..��t.-tJG-I-i��t•�, r���r-rrp�-y-��e� �ui�rc..-rr'c� - rr.,r�r�f- vi�Tr- crr'�.. ti -tdt-t 15 %. The request must be made in writing to the Finance Department, and the City must receive the request and all supporting documentation no later than 60 days after the end of the calendar year in which the error was made. If the City is satisfied the G&Rse� business owner paid an excess Combined Business License fee, the City will refund the excess lic°T�-cf amount paid to the "may she l� ;see business owner. F. Under - reporting of Employees-.Hours. If, at the time of license renewal the City determines the business owner under - reported the number of FTE employees hours for the preceding year was under reported at the time of application or reT,Ua�by an error factor of more than 15 %, the business shall pay the balance of the appl+E b4e corrected Combined Business License fee (calculated as the difference between the paid Combined Business license fee and the corrected Combined Business License fee), together with a penalty of 20% of such balance due. The business shall also reimburse the City for any accounting, legal, or administrative expenses incurred by the City in determining the under - reporting ander in collecting the addi1km -a4 amounrsbalance due. The Finance Director shall mail written notice of the balance due to the business owner, and the business shall pay the W: Word Processing \Ordinances \Business license fees pulled out strike -thru 1 -27 -16 SG:bjs Page 4 of 28 72 balance due to the City within 30 days of the date the written notice is mailed by the City. If the City does not receive timely payment, an additional penalty shall be added, app44Rg -based upon the schedule for late payments set forth in this chapter. G. Payment by Draft or Check. Payment made by draft or check shall not be deemed a payment of the Combined Business License fee unless and until the same has been honored in the usual course of business, nor shall acceptance of any such check or draft operate as a quittance or discharge of the Combined Business License fee unless and until the check or draft is honored. Any person who submits a Combined Business License fee payment by check to the City, pursuant to the provisions of this chapter, shall be assessed an NSF fee set by the Finance Director if the check is returned unpaid by a bank or other financial institution for insufficient funds in the account or for any other reason. Section 3. TMC Section 5.04.050 Amended. Ordinance Nos. 2381 §4, 2356 §4, 2333 §5 and 2315 §1 (part), as codified at TMC Section 5.04.050, are hereby amended to read as follows: 5.04.050 Late acquisition or renewal A. Penalty. For new businesses, (Failure to pay the Combined Business License fee by the first day of commencing business operations pursuant to TMC Section 5.04.020 will result in a late acquisition penalty in accordance with the fee schedule adopted by resolution of the City Councilequal tee — 5°o -of- liGeRse 1- -e for the first MORth ef delinquency "and --R additional penalty of 0 delinquency, nOt to exceed a —total penalty 2-50% ._ef the _-.license fee For renewing businesses, f €ailure to pay the aR- Rua-ICombined Business License renewal fee by January 31st shall constitute delinquency and shall result in a penalty in accordance with the fee schedule adopted by resolution of the City CouncilegUal to 1 5� of the business license fee for app!iGatiC)Rs and payment FeGeipted or postmarked February 1 through MarGh 31st, � nenolty of 301 of the b Sineco license fee � 0l be added. if application and payment is FeGeipted or postm irked April 11 or later, a penalty ef v-c��-r -� rvrr�r —v -i- , �-crJ-rr- rc�J�a —rrc�. r- rJC - -r cv camr�c.— �cavcr 450% e the business licence fee will he added No business license and /or renewal for the the business " "1 fee 1 1 1 �7t.— FU'Ci�+�l . current period shall be granted until all delinquent fees, together with penalties, have been paid in full. The Finance Director or his /her designee is authorized, but not obligated, to waive all or any portion of the penalties and interest provided herein in the event the Finance Director - ,-p er h��is /her designee determines that the late payment was the result of excusable neglect or extreme hardship. B. Collection of Fees and Penalties. Any license fee due and unpaid under this chapter, and all penalties thereon, shall constitute a debt to the City and may be collected in court proceedings in the same manner as any other debt in like amount, which remedy shall be in addition to any and all other existing remedies. W: Word Processing \Ordinances \Business license fees pulled out strike -thru 1 -27 -16 SG:bjs Page 5 of 28 73 C. Revocation of License. The Finance Director may revoke any business license issued pursuant to this chapter to any business or other person who is in default in any- payment of any license fee hereunder, or who shall otherwise fail to comply with any of the provisions of this chapter. Notice of such revocation shall be m�ilerj +„ +he IriGense- holder by the FiRaRGe DireEtof� issued pursuant to TMC Section 5.04.110.D. and - -eOn and after the date the eGf --of the notice of revocation any s Gb- business subject thereto that continues to engage in business shall be deemed to be operating without a license_,, and shall be subject to any and all penalties herein provided. D. There shall be a penalty to reinstate any business license revoked through nonpayment of the Combined Business License fee. The penalty shall be +n ­­r identified identified in the fee schedule adopted by resolution of the City Council to rei{��to-t� any bus Ress4iE°nse revoked through nnn�i_Tpaymnn+ of business lir once FF,,,�^^ "`��7 c.�-rn revoked rrc�rc -vim .Trrn,vs- nu -crvc fee. Section 4. TMC Section 5.04.070 Amended. Ordinance Nos. 2381 §5, 2356 §5, 2333 §6 and 2315 §1 (part), as codified at TMC Section 5.04.070, are hereby amended to read as follows: 5.04.070 Change in UBI #, ownership, physical location or nature of business The license granted pursuant heretoin p -urs t shall be used to conduct the particular business or type of business at the designated address for which such license is issued. Any license holder with a change in the nature of the business, a change in the Unified Business Identifier (UBI) issued by the Washington State Department of Licensing, a change in the physical location of the business, and /or a change in ownership of the business shall immediately eGes -s - asubmit a renewed new application for licensee to the Finance Department documenting the relevant chap e s . A change in the the- Rature of business, Ghan the InifierJ Ri �siness t'Cq l "G�T�7'R�. 1TIC -SS v! �7TTi- fC+CI— Q'GTJTRC.. SJ I,de, t4orUBI or a change in ownership for the business will also- require payment of the applicable license fee set forth in the fee schedule adopted by resolution of the City Council in addition to the submission of a new application. Section 5. TMC Section 5.04.110 Amended. Ordinance Nos. 2352 §2, 2333 §8 and 2315 §1 (part), as codified at TMC Section 5.04.110, are hereby amended to read as follows: 5.04.110 Denial Suspension, Revocation A. The Finance Director may deny any business license application pursuant to TMC Section 5.04.105. B. The Finance Director may deny, suspend or revoke any license under this chapter where one or more of the following conditions exist: 1. The licensee is in default of any fee, charges or amounts due and payable to the City of Tukwila, as outlined in the Tukwila Municipal Code or City policy. W: Word Processing \Ordinances \Business license fees pulled out strike -thru 1 -27 -16 sG:bjs Page 6 of 28 74 2. The license was procured by fraud or by a false or misleading representation of fact in the application, or in any report or record required to be filed with the Finance Department. 3. The building, structure, equipment, operation or location of the business for which the license was issued does not comply with the requirements or standards of the Tukwila Municipal Code. 4. The license holder, his or her employee, agent, partner, director, officer or manager has knowingly violated any provisions of any chapter of the Tukwila Municipal Code, or has knowingly permitted, failed to prevent, or has otherwise allowed a violation of any of the provisions of any chapter of the Tukwila Municipal Code to occur on his or her business premises. 5. The license holder, his or her employee, agent, partner, director, officer or manager has repeatedly violated any provision of City policies or the Tukwila Municipal Code after having received notice of such violation. 56. Conduct of the business would be in violation of any local, state or federal law, rule or regulation prohibiting the conduct of that type of business. 76. The property at which the business is located has been determined by a court to be a chronic nuisance property, a Violation Notice and Order for a chronic nuisance property has been issued and not timely remedied or appealed, or the Hearing Examiner has determined the property to be a chronic nuisance property, as provided in TMC Chapter 8.27. C. Upon determination that grounds for denial, suspension or revocation of a license exist, the Finance Director shall send the applicant or license holder a Notice of Denial, Suspension or Revocation. Grounds f o - den-41-,-suspeasi`��� +nE e - -T-u kwi l a ('o e that hoc keen GGOmnanied by a >ni- �rr�i�_rT_�_��ng_n,0tiGe_ef s ch vk4at.i. ����u-�m�u'c- 'rrur- uc.c.� �-accvr v v�rr- notice -of the io,tien —The Notice of Denial, Suspension or Revocation shall set forth the grounds for and terms of the denial, suspension or revocation, and a statement advising that the person- applicant or license holder that he /she may appeal f-romthe Notice of Denial, Suspension or Revocation to she !-aeon ^g Officer, in accordance with the provisions of TMC Section 5.04.112. pee{- -is-�e i�-on�tng of _De Revocation, at laili ire to s appeal shall GGRstite a -11 to any ad-itional ��} i-v crat��fe- he- �rccrrinncf -__^o r- d-e+erm;nat; -- r _t ie - - - - in {h.i� c ° he longer valid and G urrent , nr ess -u' e#er }gip- -uspens!GR 01the C,- --- ,i-4s ut stayed pending `he vutvvme of th _ ap The filing of such appeal shall stay the action of the Finance Director pending decision on the appeal by the City Hearinq Examiner or other hearing body pursuant to TMC Section 5.04.112(E). W: Word Processing \Ordinances \Business license fees pulled out strike -thru 1 -27 -16 SG:bjs Page 7 of 28 75 D. Receipt of the Notice of Denial, Suspension or Revocation. The Notice of Denial, Suspension or Revocation shall be: 1) served-- uponsent to the applicant or license holder eiither� - -- Peso ^Gll}f --eF-by registered nom+eoP9 - of such Notice by certified mail , postage p. epaid, return receipt requested to si -ph lir-.RnqL- I-olde-r--�� her last know at the address a-s- provided oin the license application, (2) hand delivered to the address provided on the license application; or Altemattively, the Notice mom (3) posted upon the premises where such applicant or license holder conducts the his -er 4e-- business w#i�that is the subject of the denied, suspended or revoked license. Notice shall be deemed received by the applicant or license holder upon posting hand delivery, or 3 business days after mailing, whichever occurs first. Section 6. TMC Section 5.04.112 Amended. Ordinance Nos. 2381 §6, 2333 §9 and 2315 §1 (part), as codified at TMC Section 5.04.112, are hereby amended to read as follows: 5.04.112 Appeal of Notice of Denial, Suspension or Revocation Qc Whenever the Finance Director, nr his/her rJo�g_nee determines tI heFe -rci c+v c Whenever - r- n- ru-rre,,e.- orr -e.�c 1nIg any - ffce'nS -- iSSI-led n ---1;-,4 - fnroT�Fir- .si.�.t. ant t ? -apter the GinaRGe.,__D.irector___of his/her .designee shall notify the person holding the ��zr � rr -re. r- ��rrexr -r Director, r-r rr..n- i-rei- ��,��-r�re,.�,. /, .m-e.rri notify �. .77 � °T IrfEen -"ie, h `s't °r°rJ m iI nr h nri dti°Ins�vc°�y t1ts eterrnireat-ionn— rNotricepi ailed to the- -a dres on- ,he- -Ifoe��„ all! beAeemed received - for "ae b��s--dayS- a-fzeF�M_a ing. T-P rem e shall ed+iffi�,i_Y_t.h` groGndJs for_�.�i suspension r-ienial or reye --,inn ,'-.e c� i c,ra -r n- vrr,- crc..r- n- u�rrc, -v-� -a t i. n A -B. The 4Gensee -v; applicant or license holder may appeal the decision of the Finance Director o� - r ", /he; d-esignee to suspend, deny or revoke a business license by filing a written notice of appeal to the City Clerk within 10 calendar days of-following receipt of the Notice of Denial, Suspension or Revocation.the - decision. The notice of appeal must state the grounds for appeal, including and the basis detailed explanation of for--why the decision to suspend, deny or revoke was incorrect. To "e°,-uoce t]:he notice of appeal must be accompanied by an Appeal Fee of in accordance with the fee schedule adopted by resolution of the City Council. A timely notice of appeal shall stay the effect of the notice of non - issuance until the City's Hearing Examiner or other hearing body issues a written decision on the appeal. BC. Upon timely filing of a receipt fthi--notice of appeal, the Finance Director shall schedule set-a date for hearing on the appeal before the City's Hearing Examiner. The hearing shall be conducted no later than 30 days from the date of the notice of appeal, unless an extension is agreed to by the appellant or otherwise ordered by the Hearing Examiner for good cause shown. Notice of the hearing will be mailed to the applicant or licensee- er- appfie - CB. The hearing shall be de novo. The decision of the City's Hearing Examiner or other hearing body shall be based upon a preponderance of the evidence. The burden of proof shall be on the appellant. The Hearing Examiner or other hearing body may affirm, reverse or modify the Finance Director's G-hi _F designpe's decision. W: Word Processing \Ordinances \Business license fees pulled out strike -thru 1 -27 -16 SG:bjs Page 8 of 28 76 DE. Within 20 business days, excluding holidays recognized by the City of Tukwila, from the date of the hearing on an appeal under this section, the Hearing Examiner shall issue a written decision which shall set forth the reasons therefor. �.® • • • • •� -"-=fez rr • r� r ZTF& I . r•. r Section 7. TIVIC Section 5.06.210 Amended. Ordinance No. 2281 §1 (part), as codified at TMC Section 5.06.210, is hereby amended to read as follows: 5.06.210 Appeal A UP-OR notice of non of a Ce.rtifiGate of Compl ance -tThe owner may appeal the non - issuance of a Certificate of Compliance by filing a written notice of appeal, GpeG#yR ry +y �hv pa#iGula ; eachs)apvn- "+Eh- he- appeal - -4s 4a -sed, with the City Clerk within 10 calendar days following of- andl- ++-Glud;ag t "e date of the receipt of the notice of non - issuance. The notice of appeal must state the grounds for appeal, including a detailed explanation of why the decision was incorrect. The notice of appeal must be accompanied by an Appeal Fee in accordance with the fee schedule adopted by resolution of the City Council. A timely notice of appeal shall stay the effect of the notice of non - issuance until the City's Hearing Examiner or other hearing body issues a written decision on the appeal. B. Upon timely filing of a notice of appeal, the City ,- ler'„�� "t�� ".,�,eeT designee-Finance Director shall schedule a hearing on the appeal before athe City's Hearing Examiner or other hearing body. The hearing shall be conducted no later than 3045 business days from the date of the notice of appeal, unless an extension is agreed to by the appellant or otherwise ordered by the Hearing Examiner or other hearing body-for good cause shown. Notice of the hearina will be mailed to the owner. C. The hearing shall be de novo. The decision of the City's Hearing Examiner or other hearing body shall be based upon a preponderance of the evidence. The burden of proof shall be on the appellant. The Hearing Examiner or other hearing body may affirm, reverse or modify the Finance Director's decision. CD. Within 44-20 business days, excluding holidays recognized by the City of Tukwila, from the date of the hearing on an appeal under this section, the Hearing Examiner or other hearing body shall issue a written decision, which shall set forth the reasons therefor. 1 �•� r• r •. •• u r ■ _•. • • r • rr. r• r. • rr ter. a. •.. ter.. ■ •.. _ . . r • • . _ r • • Mr. . • r. W: Word Processing \Ordinances \Business license fees pulled out strike -thru 1 -27 -16 SG:bjs Page 9 of 28 77 Section 8. TMC Section 5.08.010 Amended. Ordinance No. 1586 §2 (part), as codified at TMC Section 5.08.010, is hereby amended to read as follows.. When used in this chapter and unless otherwise distinctly expressed, the following words and phrases shall have the meaning set out in this section: 1. "Cabaret" means any room, place or space whatsoever in the City in which any music, singing, dancing or other similar entertainment is permitted in connection with the-area-4R-any hotel, restaurant, cafelI u w -hFGGm club, tavern, or eating place selling, serving, or providing the public, with or without charge, food and /or liquor. The words "music" and "entertainment" as used in this chapter shall not apply to radios, televisions, Fug ke boxes or similar mechanical or technical devices. an -o=h nth e p;aGe of public resort f op .�ie°-rv' e— too —the public, operated for amain ,.{nr -,ofit where flood —_- /GE r Y�r�°..shrriitentts are rqf-- I.J...�Ii cr����.�ie r�r�c�. a d, '— arid -PCfh `ere- "Uh.e.,all-FiGal pe4o nanGe , , or airy cernbrnatrn or the aforesaid acts, is mai -Rta - errmmed at a minims m o� events - pert-- -_m_G r�, and where i- - accesr o-sraid_ or liMiled -- -y iease4 _s_of "age 2. "Persons" include means any individual, firm, corporation, company, partnership, marital community, association, an unincorporated association, of-any person acting in a fiduciary capacity, or other entity or group of persons however organized. nized. 3. "Liquor" shall have the definition set forth in RCW 66.04.010. 11 • •� u.. � • •� �• •� a •.�•• • � •.0 •_ p ��L,4- " ntni cni'rr�°.� any- p i�r}' e-&— � type-�wttttYF-'f -a carbaTel -irRSe s-C.su G�hrZ°.� i1'rb tr0n nr,__y.q_da_n Ge��in- rT�rv�v�W eJ -�i- htie ten of the arer�lvla_al -anY N"'`inrnn of the p shin hair on_c_ I, -I the Neast below , vulva g e r iturIS -,-arh- rethne r o r no t � c, v � yo- nre - else chu ges -nr acc- t°"tn.�t� fe4�fnr si irh evhihitinn nr rl�.,,ri.,r� Section 9. TMC Section 5.08.030 Amended. Ordinance Nos. 2355 §1 and 1586 §2 (part), as codified at TMC Section 5.08.030, are hereby amended to read as follows: 5.08.030 Cabaret license required - Fee It is unlawful to conduct, open up,- rnar}age -or operate or maintain any cabaret as defined in TMC Section 5.08.010 within the City without a valid license to do so to be known as the "cabaret license." The annual- cabaret license fee t�h-Re,;°fror shall be paid annually, $300.00 in accordance with the fee schedule adopted by resolution of the City Council. Each such license shall be non - assignable and nontransferable, and the fee paid shall be nonrefundable. W: Word Processing \Ordinances \Business license fees pulled out strike -thru 1 -27 -16 SG:bjs Page 10 of 28 i Section 10. TMC Section 5.08.040 Amended. Ordinance Nos. 2355 §2, 1648 §1 and 1586 §2 (part), as codified at TMC Section 5.08.040, are hereby amended to read as follows: 5.08.040 's- Licenses - Restrictions - e-.-. liMenses Fees TerM- - flccinnm�r�4c Qe� walss -rc: r -x -riu �- cv.�rc�rr.rn...r�=- rc�r -rc. A. No p rat maR'a"g 'erv' Ili'Ge7 n co under Gh fG-a"nJf lr — -- 7 P" "fl'n CJ - �nol.Tr.c.71nPn ff c I ^,n rl/ �c n an+ ^i for ��UfT�PYGTI '�rS- Q'7�- 'GTil'vlLCrf "r l'4+1 -•C�'Y CR Gab get -ice- he r r;+hout- a- curr�� + on +or+�inoT�ic_e � �+him �pter "cabaret license" shall be issued to: 1. A natural person who has not attained the age of 21 years, except that licenses may be issued to persons who have attained the age of 18 with respect to cabarets where no intoxicating Iiquors are served or provided. 2. A person who has been convicted of or forfeited bail for any of the following within three years prior to filing the application. a. A felony which is reasonably related to a person's fitness or ability to conduct, manage or operate a cabaret. b. A violation of any federal or state law or city ordinance concerning the manufacture possession, or sale of liquor. c. A violation of any federal or state law or city ordinance concerning the manufacture, possession or sale of narcotics. 3. A person whose place of business is conducted by a manager or agent, unless such manager or agent possesses the same qualifications required by the licensee. 4. A aartnershio. unless all members of the partnership are qualified to obtain a license under this chapter. 5. A corporation unless all of its officers, directors and stockholders are qualified to obtain a license under this chapter. The Gahb^ret license shall be issRed to the Manager 9F C)PeFatC)F of the Gabaret. _ Ti e I iGe ,&& year i for either a -rmu r�°nc7 r�rc° —ai +rarr�._e� +tirTF�inrurrT�°r u- i�rce{ e� m�c°�a1 Qf ea� oar Each such l fiGo nrco J'h'G'l'l &xpire -at GIlose of business o—, mirininht �n hirho�ior is o�rli�� _Q.n__rloromhor 2 I ref o���a.� v� v.n v.. ...... mid .�..., ...�...�p �.'. '.� _. 'VT�Tii...�lTYp17L1- �- 1- OT -l+U ,n license- is -%e, 00 IT. IiGCiise-fe-e� each rsuG'th li ficce-R tkttU-CA"bte-. D A m^n g r°c Iinonca Gr en e# inor'c lic-eps, I 1 +der - Js Ghon +o choll__nFt _be - - -p'� i- irTQTTG y t+ 1 J 11 V l� 1 1 V � 1 ITCITCU� 1 I l.� Y J 1 I V �.. ifil���� U 1 1 l.� \+T �� l l � 1..1�C�.+9�T��Gir a-ss+gne4 -er fi n c^7 isT� W: Word Processing \Ordinances \Business license fees pulled out strike -thru 1 -27 -16 sG:bjs Page 11 of 28 1/ • E %In n�_c�(� }�__ p y� held ,ca-- maEtager's linansee r entle#ainars - Ci�:�'Si TY-I-ay -� U'31�TJ -TI IiC�'i— T- G- 1- I'I�.T� II..TJ liGepse i indef thin rhor�4 rre�.�- r.JC.- -err rvc.T- cr- rr:a -� r- e-ecFr-ee� •■ • = r• r• •.• .. • • •■ G• MD., M . G• . G• • •■• r ON • • • • G A" . Section 11. TIVIC Section 5.08.050 Amended. Ordinance Nos. 2355 §3 and 1586 §2 (part), as codified at TMC Section 5.08.050, are hereby amended to read as follows: 5.08.050 License application procedure A. Cabaret License. An applicant for a cabaret license shall make application therefor on the application forms provided by the Finance Director. Each such application form shall require the following information: 1. The name, home address, home telephone number, date and place of birth, and social security number of the applicant, if the applicant is an individual, 2. The names, home addresses, home telephone numbers, dates and places of birth, and social security numbers of the officers and directors of the applicant, if the applicant is a partnership. If the applicant is any other type of business entity, then the applicant shall provide the same information requested in this subsection for all managers or other persons who control the business decisions of that entity; 3. The name, address, and telephone number of the cabaret, and the names of all on -site managers of the cabaret; and 4. The name, address and telephone number of the owner of the property on which the cabaret is located. Each application must be completed in full and signed by the applicant in affidavit or declaration form wherein the applicant certifies under penalty of perjury that the applicant has personal knowledge of all matters asserted in said application and that the statements contained therein are true and complete. •. • �. .�: • e■ a .G• -. G • •• • • ■ ■ . • • • ■ ■ . • . • • • r• ■ • G r M G • MM r • ■ u ■ .• . • G ■ • G •r . G •. •.• �•a. G r■ . G • 7 .• I rr ♦ ••. u• G •G .■ •• �,GG r, • ■ ■ .� • W: Word Processing \Ordinances \Business license fees pulled out strike -thru 1 -27 -16 sG:bjs Page 12 of 28 -M : a� a• a a + s r • � .. • •: L L. � a� � a a a . applic-aRt's photograph and date of birth; -_F (2) any state issued idelFlt#�catio-R-Gard •� �• •' LL • L•L LL lag • •L L L • 1 � •� O■L. ' �'L. • ra aa� as as •.r • ram. a a. a. a .� ■ r a ZZ .ia. ia... .. .. GB. Duty to Supplement Application. In the event that any information on any application for a license under this chapter becomes outdated or otherwise inaccurate, an applicant or license holder p -rGm -p y -shall rp omptly notify the Finance Director in writing and provide current information. DC. All Completed Applications. A completed application shall be submitted to the Finance Director. An application shall not be considered to be completed unless accompanied by a receipt or other notation from the City showing payment of the required license fee, in accordance with the fee schedule adopted by the City Council. The Finance Director shall refer a completed application to the following City department heads for investigation and report as follows: 1. The Chief of Police shall provide a criminal history record of the applicant; 2. The Director of the Department of Community Development shall provide a report stating whether or not the application or premises of the business reflect any actual or potential violations of the City zoning code; and 3. The Building Official shall provide a report indicating whether or not said premises are in compliance with all applicable health, safety and building statutes and regulations. Section 12. Regulations Established. TMC Section 5.08.055, "Licenses - Subject to State Liquor and Cannabis Board Rules," is hereby established to read as follows: 5.08.055 Licenses - Subject to State Liquor and Cannabis Board Rules. Any license issued pursuant to this chapter shall be subject to any rules or regulations of the Washington State Liquor and Cannabis Board relating to the sale of intoxicating liquor. Section 13. TMC Section 5.08.080 Amended. Ordinance Nos. 2381 §7, 2355 §6, 1796 §3 (part) and 1586 §2 (part), as codified at TMC Section 5.08.080, are hereby amended to read as follows: 5.08.080 Appeals and hearing A. Receipt of the Notice of Denial, Suspension or Revocation. The Notice of Denial Suspension or Revocation shall be: (1) sent to the applicant or license holder by reqistered mail at the address provided on the license application; (2) hand delivered to the address provided on the license application-, or (3) posted upon the premises where such applicant or license holder conducts the business that is the subject of the denied suspended or revoked license. Notice shall be deemed received by the W: Word Processing \Ordinances \Business license fees pulled out strike -thru 1 -27 -16 SG:bjs Page 13 of 28 i applicant or license holder upon posting, hand delivery, or 3 business days after mailing, whichever occurs first. AB. The applicant or license holder may appeal the decision of the Finance Director to suspend deny or revoke a cabaret license by filing a written notice of appeal to the City Clerk within 10 calendar days following receipt of the Notice of Denial, Suspension or Revocation. The notice of appeal must state the grounds for appeal including a detailed explanation of why the decision to suspend, deny or revoke was incorrect. The notice of appeal must be accompanied by an Appeal Fee in accordance with the fee schedule adopted by resolution of the City Council. A timely notice of appeal shall stay the effect of the notice of suspension non - issuance or revocation until the City's Hearing Examiner or other hearing body issues a written decision on the appeal. Any person aggrieved h_a b the action_ -of t�o Finance furor +nr in rofir�ii i�'iiie 9�r�r+ornr T L "P'J aggrieved T- �- e..•���T4"�iLVr -1 "I l' -rZ.TU 1-l. "rr'G -VV anrzrrry iiveR ° u ide-r-- iiiis -G,h pter err -in u-sp'eTnd.; q or Gen_s__e_uP4Te- tT s E�ia����} eF &hall have � right +n anneal such aar +inn +n +ho ('i +ei Hearing Gv minor or +n 'p t �y r r - -rrca v r= � -rrg r -rr-- rv--up p� - rv1 r ev cr rc,�r�y r n i-r� -e � v r- ry such other hearing body as Yrlay hereafter be__estahlished by the (�ifir (�ni rnril far +he - carnr9--- r�va -y- crs- �rruy- rrc.- r- c,- c�rcc.� vt�Tro-nc.-c+- v-y-rrec. hearing chr_.appeals by filing a antics of�r_uppoal rnri +h +he (_o_1Ly_o.I.erh rnri+hin )(1 rJwc of r J T'p'll liC.. CiTP'pi'L'1- 7- i1 -1'C� RT�PVTI reGe iv i ng 9 no +r re vf - +he - m r�h rI an ken T - The , an N e a l rnust_sethe grou i cvrreG+1 and - inrlrluve as appea�fee of '.1-0501.00. BC. Upon timely filing of a notice of appeal the Finance Director shall schedule a hearing on the appeal before the City's Hearing Examiner or other hearing body. The hearing shall be conducted no later than 30 days from the date of the notice of appeal, unless an extension is agreed to by the appellant or otherwise ordered by the Hearing Examiner or other hearing body for _good cause shown. Notice of the hearing will be mailed to the applicant or licensee. D. The hearing shall be de novo. The decision of the City Hearing Examiner or other hearing body shall be based upon a preponderance of the evidence. The burden of proof shall be on the appellant. The Hearing Examiner or other hearing body may affirm reverse or modify the Finance Director's decision. ceipt peal within 24 -days fro a- 4Thre_ date— e�� , �� — speoifie kle hearing shall he de nnrrn The hearing hnrlei shall h�a�L .e.��rmn +al�ce ei/�de�nrce and hearing ccr-r r- rg- �-rruir- r�u- a�� -ry �c�- �r -rrc. r rc- Sarre- r�- uvcr-y -.Tr ruTr -r -x� %i "�- -iui reive N tten hric The filing of such anneal shall sta �Z rv�c. —n v-r,- cLC.,-r- r�TT�crr. --- r -rrt., ,,, {,, appeal i-rhe ar +inn of +he_ FTna-RGe_DireGte_�p [Pg —the Iderision ®f_the- heca,- ri�ody-. (✓' The rlerisJ.i.un of the heari_r_Try9_b.nrle �.1 f.�QK ._._a_.�erisinn n +he Ginanre �-r- Rte.- crc -or i r- -Qr -Lrr �. i c:.a v�c.. rvrorrc� rrrc,- r- rT- car -rco flir shall he haserl i innn ennnrleranre of +he evAen_�_ Tiro hi ed f acrdGta r sb rrrr� c.-r�a -s �a -crP ra- rc p a n aL rcrr cc v -x r r` �h -a Fl hr -v °-vii cri -'r° a- a�P °Itiarn -r+L DE Within 20 business days excluding holidays recognized by the City of Tukwila, from the date of the hearing on an appeal under this section the Hearing Examiner or other hearing body shall issue a written decision which shall set forth the reasons therefor. W: Word Processing \Ordinances \Business license fees pulled out strike -thru 1 -27 -16 SG:bjs Page 14 of 28 i Section 14. TMC Section 5.12.030, A. and E., Amended. Ordinance No. 1887 §4 (part), as codified at TMC Section 5.12.030, Subparagraphs A and E, is hereby amended to read as follows: 5.12.030 License - application Subparagraph A. A. Applicants for a license under this chapter must be at least 18 years of age and must file with the City Clerk Finance Director an application in writing on a form to be furnished by the City. The license issued pursuant to this chapter shall be renewed annually. At the time of initial application or renewal, the applicant shall present picture identification which shall include: 1. a motor vehicle operator's license, issued by the State of Washington, bearing the applicant's photograph, date of birth, and signature; or 2. a Washington State - issued identification card bearing the applicant's photograph, date of birth, and signature; or 3. a valid US Passport Subparagraph E. E. At the time of filing, each applicant shall pay a non - refundable fee in th-ean amount of- $50-in accordance with the fee schedule adopted by resolution of the City Council to cover the City's cost of investigation and the issuance of a permit, including each peddler, principals and /or employer. Section 15. TMC Section 5.12.040 Amended. Ordinance Nos. 2355 §12 and 1887 §5, as codified at TMC Section 5.12.040, are hereby amended to read as follows: 5.12.040 Investigation of applicant - issuance and denial of license A. The Finance Director shall refer the application to the Police Department, which shall determine the accuracy of the information contained in the application and conduct a criminal history background investigation of the applicant. The applicant's information shall be submitted to the Washington State Patrol Identification and Criminal History Section (WASIS). Any Washington State criminal history conviction records on the applicant shall be provided to and reviewed by the City of Tukwila Police Department. The applicant shall submit an additional fee for the WATCH (Washington Access to Criminal History) background check in accordance with the fee schedule to be adopted by resolution of the City Council. Upon completion of the investigation, the Police Department shall forward a recommendation for approval or denial to the Finance Director. W: Word Processing \Ordinances \Business license fees pulled out strike -thru 1 -27 -16 SG:bjs Page 15 of 28 i B. If, as a result of the investigation, the character and business responsibility of the applicant is found to be satisfactory, the Finance Director shall issue the license to the applicant. The Finance Director shall deny the applicant the license if the applicant has: 1. Committed any act consisting of fraud or misrepresentations; 2. Committed any act which, if committed by a license holder, would be grounds for suspension or revocation of a license; 3. Within the previous 10 years, been convicted of a misdemeanor or felony directly relating to the occupation of peddler, including, but not limited to, those misdemeanors and felonies involving moral turpitude, fraud or misrepresentation; 4. Been refused a license under the provisions of the chapter; providing, however, that any applicant denied a permit under the provisions of this chapter may reapply if and when the reasons for denial no longer exist; or 5. Made any false or misleading statement in the application. C. The denial of a license to an individual, corporation, partnership or other organization which serves as the employer or principal for individual peddlers, shall be a sufficient basis to deny a license to the individual applicants who are employed by or acting as an agent for the applicant. Section 16. TMC Section 5.12.040 Amended. Ordinance Nos. 2355 §12 and 1887 §5, as codified at TMC Section 5.12.040, are hereby amended to add Subparagraph D to read as follows: Subparagraph D. D. The notice of non - issuance of a peddler's license shall be sent to the applicant or license holder by registered mail at the address provided on the license application. Notice shall be deemed received by the applicant 3 business days after mailing. Section 17. TMC Section 5.12.070.B. Amended. Ordinance Nos. 2335 §13 and 1887 §8, as codified at TMC Section 5.12.070, Subparagraph B, are hereby amended to read as follows: Subparagraph B. B. Upon determination that grounds for revocation of a license exist, the Finance Director shall send the license holder a notice of revocation by certified mail, return receipt requested. Such notice shall be effective— deemed received by the license holder 3 business days after mailinq,_and the revocation shall be effective 10 days immediately thereafter. ef- the - -te+a dam appeaa per od set forth in —Tl 4C— Section &.4-2-. -G �!ess a timely notice- f appeat4&4led-- a-s- spec-ified tbere+n-. W: Word Processing \Ordinances \Business license fees pulled out strike -thru 1 -27 -16 sG:bjs Page 16 of 28 0 Section 18. TMC Section 5.12.080 Amended. Ordinance No. 1887 §9, as codified at TMC Section 5.12.080, is hereby amended to read as follows: 5.12.080 Appeals and hearing A. Upon ROti --° of non -is uanGeor- :evocation of a peddler's -ii>_G_eP_°; +The applicant or license holder may appeal the decision of the Finance Director to not issue or revokce� a peddler's license by filing a written notice of appeal, spee'f,Rg� ° partiGI il�g -,a; ea_soR "/ upon which the s- ba-sed—,with the City Clerk within 10 calendar days of -a -Rd _, I..Ainr +ho date of t"e- followinq receipt of the notice of non - issuance or revocation. The notice of appeal must state the grounds for appeal, including a detailed explanation of why the decision was incorrect. The notice of appeal must be accompanied by an Appeal Fee in accordance with the fee schedule adopted by resolution of the City Council. A timely notice of appeal shall stay the effect of the notice of non - issuance or revocation until the Hearing Examiner or other hearing body issues a u written -decision on ° the appeal. An- u^tim1�,-y Retioe of appeal shall be rejected a`�- Gh by the Clerk, and ne appeal hearing shall be SGhedule-A. B. Upon timely filing of a notice of appeal, the Clerk Finance Director shall schedule a hearing on the appeal before the City's a- Hearing Examiner or other hearing body. The hearing shall be conducted no later than 4530 days from the date of the notice of appeal, unless an extension is agreed to by the appellant or otherwise ordered by the Hearing Examiner or other hearing body for good cause shown. Notice of the hearing will be mailed to the applicant or licensee. C. The hearing shall be de novo. The decision of the City's Hearing Examiner or other hearing body shall be based upon a preponderance of the evidence. The burden of proof shall be on the appellant. The Hearing Examiner or other hearing body may affirm reverse or modify the Finance Director's decision. CD. Within 4420 business days, excluding holidays recognized by the City of Tukwila, from the date of the hearing on an appeal under this section, the Hearing Examiner or other hearing body shall issue a written decision, which shall set forth the reasons therefor. Mimi Section 19. TMC Section 5.48.030 Amended. Ordinance Nos. 2355 §19 and 1273 §3, as codified at TMC Section 5.48.030, are hereby amended to read as follows: 5.48.030 License Fees A. The license fee for each amusement center shall be in accordance with the fee schedule adopted by resolution of the City Council. Such fee shall be payable annual W: Word Processing \Ordinances \Business license fees pulled out strike -thru 1 -27 -16 SG:bjs Page 17 of 28 C. , B. The amusement device fee shall be 50 nn r,ern,a�aane per a;;T F R in accordance with the fee schedule adopted by resolution of the City Council. Such fee shall be payable annually. Section 20. TIVIC Section 5.48.040 Amended. Ordinance Nos. 2355 §20 and 1273 §4, as codified at TMC Section 5.48.040, are hereby amended to read as follows: 5.48.040 Issuance of license A. Any person, firm or corporation desiring to apply for an amusement center license under the provisions of this chapter shall have a Conditional Use Permit as required in the Zoning Code of the City. B. Any person, firm or corporation desiring to apply for one or more of the licenses provided for by this chapter shall make a written application for such license or licenses with the Finance Director on a form prescribed by the Finance Director. At the time of applying for such license, said applicant shall deposit with the Finance Director the full amount of the license fee for the period for which application is made, in accordance with the fee schedule adopted by resolution of the City Council. This appliGatie„ f°° shall be held by the Finance Director peRding graRting or denial of said pflfiGat:ion; provided, however, that 0 0 C. Said application shall be reviewed by a committee made up of the Finance Director, Fire Chief, Police Chief and Planning Director. The committee shall establish the qualifications of the applicant for the license being applied for and to assure compliance of all the laws, rules and regulations of the City regarding the installation and maintenance of the amusement devices. The decision of the review committee to grant or deny the application may be appealed days. in accordance with TMC Section 5.48.100. D. All licenses issued under this chapter shall be issued only to the person, firm or corporation; the license may not be transferred without prior written consent of the City following review of the proposed transfer by the license review committee. E. All licenses issued allowing amusement devices within business operations must be prominently displayed. Each license will indicate the number of operable machines allowed on the premises. F. All r,z,,e a;- application and renewal fees for amusement center licenses and amusement devices, in accordance with the fee schedule adopted by resolution of the City Council, shall be due and payable on the first day of October of each year. G. All licenses issued hereunder shall be good for a period of one year.; Gomm°nic Oc- � { a__rene�aat -- ciierr�°frvr- ch�rruii_he c, bjeG tG he samme FevrQ�n�e _a -,thee h cwr- r- rr- rr�.., ic�i�� -g-. t-he4ic -en s� e -be+n g4ss ued -o rKjiR a N y W: Word Processing \Ordinances \Business license fees pulled out strike -thru 1 -27 -16 SG:bjs Page 18 of 28 i • Section 21. TMC Section 5.48.060.B. Amended. Ordinance No. 1273 §6, as codified at TMC Section 5.48.060, Subparagraph B, is hereby amended to read as follows: Subparagraph B. B. If the penalties and delinquency fees are not paid within 90 days after the due date, all amusement devices will be removed from the premises at the direction of the Chief of Police. An amusement device $50.00removal fee on each machine shall be GhaTged -plus an amusement device storage fee per machine shall be charged in accordance with the fee schedule adopted by resolution of the City Council. Section 22. Regulations Established. TMC Section 5.48.100, "Appeals and hearings," is hereby established to read as follows: 5.48.100 Appeals and hearing A. The applicant or license holder may appeal the decision of the committee, to suspend deny or revoke a license by filing a written notice of appeal with the City Clerk within 10 calendar days following receipt of the Notice of Denial, Suspension or Revocation. The notice of appeal must state the grounds for appeal, including a detailed explanation of why the decision to suspend, deny or revoke was incorrect. The notice of appeal must be accompanied bVan Appeal Fee in accordance with the fee schedule adopted by resolution of the City Council. A timely notice of appeal shall stay the effect of the notice of non - issuance or revocation until the City's Hearing Examiner or other hearing body issues a written decision on the appeal. B. Upon timely filing of a notice of appeal, the Finance Director shall schedule a hearing on the appeal before the City's Hearing Examiner or other hearing body. The hearing shall be conducted no later than 30 days from the date of the notice of appeal, unless an extension is agreed to by the appellant or otherwise ordered by the Hearing Examiner or other hearing body for good cause shown. Notice of the hearing will be mailed to the applicant or licensee. C. The hearing shall be de novo. The decision of the City's Hearing Examiner or other hearing body shall be based upon a preponderance of the evidence. The burden of proof shall be on the appellant. The Hearing Examiner or other hearing body may affirm reverse or modify the committee's decision. D. Within 20 business days excluding holidays recognized by the City of Tukwila, from the date of the hearing on an appeal under this section, the Hearing Examiner or other hearing body shall issue a written decision which shall set forth the reasons therefor. W: Word Processing \Ordinances \Business license fees pulled out strike -thru 1 -27 -16 SG:bjs Page 19 of 28 RYA Section 23. TIVIC Section 5.52.050 Amended. Ordinance Nos. 2355 §26 and 1475 §1 (part), as codified at TMC Section 5.52.050, are hereby amended to read as follows: 5.52.050 License fee — Terms — Assignment — Renewals A. The license year for licenses under this chapter shall be from January 1 to December 31. All licenses under this chapter shall expire on December 31 of each year. Except as hereinafter provided, all license fees under this chapter shall be payable on an annual basis. Annual license fees shall be as follows: for a Panoram premises license, Panoram device license and /or Panoram operator license shall be in accordance with the fee schedule adopted by resolution of the City Council. B. License fees under TMC Section 5.52.050.A shall not be prorated_ except th Licenses issued under this chapter may not be assigned or transferred to other premises, operators or devices. C. On or before December 31 of each year, a licensee under this chapter shall file an application for renewal of each license he wishes to use in the next license year. An application for Fene al of a license shall be filed in the same manner as an original initial application for such a license, and shall be accompanied by an reRewalfee in an amount equal to the license fee applicable to an original application for such a licenses in accordance with the fee schedule adopted by resolution of the City Council. -ender TMG F--.05 -A, On renew Applications filed after December 31,_shall be the inap,ce oepa4n4epn -c assessed ,a-n4ce4eGt -an additional charge as follows: 1. If the application is more than 6 but less than 31 days late, the additional charge is 25% of the Yenewal application fee. 2. If the application is more than 30 but less than 61 days late, the additional charge is 50% of the ,re;e`qal- application fee. D. If a licensee, on or before December 31 of any year, gives written notice to the Finance Director that he will not, after December —31; conduct business in a manner requiring a license under this chapter after December 31, such licensee may reapply for a license at any time he wishes to conduct a business requiring such a license. E. If a licensee does not give written notice as provided for in TMC Section 5.52.050.D or, having given such notice, operates after December 31 in a manner requiring a license under this chapter and does not renew such required license as provided in TMC Section 5.52.050.C, such license shall be automatically revoked on the 61 st day fetk v" n the�r4of- De-c�- ber -3a-of the year, and such licensee may not reapply for such license for a period of one year from such date of revocation. Upon such W: Word Processing \Ordinances \Business license fees pulled out strike -thru 1 -27 -16 SG:bjs Page 20 of 28 revocation, the Finance Director shall promptly mail written notice of such revocation to such licensee. The revocation shall be deemed received by the licensee 3 days after mailing. Section 24. TMC Section 5.52.100 Amended. Ordinance Nos. 2355 §30, 1796 §3 (part), and 1475 §1 (part), as codified at TMC Section 5.52.100, are hereby amended to read as follows: 5.52.100 Appeal and hearing A. The applicant or license holder may appeal the decision of the Finance Director to suspend, deny or revoke a license issued under this chapter by filing a written notice of appeal with the City Clerk within 10 days following receipt eceipt of the notice of suspension, denial or revocation. Angry- person - u99r;e, by the aGtiGn - -ef the me-- inunce -D ecte i-o r-efu perr-}iaile-R ! s spendiRg_Ca.C_re-v8k-ing any !r-. --rice under +hiS- _�h�r� +or Shall have hhe rM 7 h toctien -te #"he -Cif HeC�t+rnc3 icur i ter, nr —o`i v– ��%ichr�tri °r �r}c°arrn hv� may-y- hereef`r- be -es ti- s-hed-- b�/4he -G-4y -Cap+ th,e hearing of hearing-of—by f+li -R} a—Ajhe notice of appeal must state the grounds for appeal, including a detailed explanation of why the decision was incorrect with the City Clerk �within I0. d_-y'_of reGe_4k g-- r}etiee 4 he action fro » v�lhich appea;��take� -The notice of appeal must be accompanied by an Appeal Fee in accordance with the fee schedule adopted by resolution of the City Council. A timely notice of appeal shall stay the effect of the notice of non - issuance or revocation until the City's Hearing Examiner or other hearing body issues a written decision on the appeal, except as_provided in TMC Section 5.52.100. E. B. Upon timely filing of a notice of appeal, the Finance Director shall schedule a hearing on the appeal before the City's Hearing Examiner or other hearing lq dy. The hearing shall be conducted no later than 30 days from the date of the notice of appeal, unless an extension is agreed to by the appellant or otherwise ordered by the Hearing Examiner or other hearing body for good cause shown. Notice of the hearing will be The hearing body, i innn reGein+ of o timely nn +ire n mailed to the applicant or licensee. T«.-„ ��rr -rti,� �y- ,- �� «�. -�f� e+ date for a hearing of ci ioh appeal th,4-i 21-1 days fr -T -Fora the date-of a , �c.T- a- ttca-c�.- rv, -ca -, rc. a r rrTg -v, � a c" -T -� appeal �Y- Such r e Gems, p e._- ex�c-ept- assp°Gified4ri- T IVI C S ect i n 5.52.100.C. argument and receive -written t c _-.- The -frg -v -P ea ��arII c +uw y the -aG rvn -of the �i�_ n.�r�re (firer+ +or nenriinn +he rler`ieinn of +he he�rinn hnri C. The hearing shall be de novo. The decision of the City's Hearing Examiner or other hearing body shall be based upon a preponderance of the evidence. The burden of proof shall be on the appellant. The Hearing Examiner or other hearing body may affirm, reverse or modify the Finance Director's decision. W: Word Processing \Ordinances \Business license fees pulled out strike -thru 1 -27 -16 SG:bjs Page 21 of 28 i e D. Within 20 business days, excludin hg olidays recognized by the City of Tukwila, from the date of the hearing on an appeal under this section, the Hearing Examiner or other hearing body shall issue a written decision which shall set forth the reasons therefor. GE. In cases of summary suspension of licenses because of the threat of immediate serious injury or damage to persons or property pursuant to TMC Section 5.52.090.13, upon receipt of a timely notice of appeal, the Finance Director hearing bedy-,--u� receipt of a timely _; <etiiee f- appeal, shall set a e-fof-a hearing within 5 business days before the City's Hearing Examiner or other hearing body. day of date -1 s�,uch Feee+pt-.—The City's Hearing Examiner or other hearing body shall render a decision within 5 business days of the conclusion of the hearing. The filing of such an appeal shall not stay the action of the Finance Director from which the appeal is taken. • •• •• • •. •• ••• • • • r••• •• • •• • • • • •M • •• • •• •• _• •• •S Section 25. TMC Section 5.56.020 Amended. Ordinance Nos. 2355 §32, 1910 §1, 1747 §1 (part), 1604 §1, and 1490 §2 (part), as codified at TMC Section 5.56.020, are hereby amended to add a new Subparagraph L to read as follows: Subparagraph L. L. "Sexual conduct' means acts of: 1. Sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight; or 2. Any penetration of the vagina or anus, however slight, by an object; or 3. Any contact between persons involving the sex organs of one person and the mouth or anus of another; or 4. Masturbation, manual or instrumental, of oneself or of one person by another; ISM 5. Touching of the sex organs or anus, whether clothed or unclothed, of oneself or of one person by another. W: Word Processing \Ordinances \Business license fees pulled out strike -thru 1 -27 -16 SG:bjs Page 22 of 28 Section 26. TMC Section 5.56.030 Amended. Ordinance Nos. 2355 §33, 1747 §1 (part), and 1490 §2 (part), as codified at TMC Section 5.56.030, are hereby amended to read as follows: 5.56.030 Adult entertainment cabaret licenses A. Required. No adult entertainment cabaret shall be operated or maintained in the City unless the owner or lessee thereof has a current adult entertainment cabaret license under this chapter. It is unlawful for any operator, manager, entertainer or employee to knowingly work in or about, or to knowingly perform any service directly related to the operation of an adult entertainment cabaret, when such cabaret does not have a current adult entertainment cabaret license. It is unlawful for any person to conduct, manage or operate an adult entertainment cabaret unless such person is the holder of a valid license from the City to do so, obtained in the manner provided in this chapter. B. Expiration. The license year for an adult entertainment cabaret license shall be from January 1 to December 31 of each year. Each such license shall expire at close of business or midnight, whichever is earlier, on December 31 of such year. C. Fees. The license fee for an adult entertainment cabaret license is $500.00. shall be in accordance with the fee schedule adopted by resolution of the City Council. License fees under this chapter shall not be prorated. D. Terms. Except as hereinafter provided, the license fee for such license is payable for a full year only and is not refundable. E. Assignments. An adult entertainment cabaret license under this chapter shall not be assigned or transferred. F. Renewals of application. In I ^fT- a- nurreTfmr,Una9e license or entertainer's 1iGense f ^r the n + " °The license holder must file rrc..,rrsc, �— ar- rrv- crrlc�v�rr- rc- rre-Xz years c� submit an new application for eT;ewa4 -for a license annually with the Finar; ^Dire The r,eRewal application shall be submitted with a fee in accordance with the fee schedule adopted by resolution of the City Council. Section 27. TMC Section 5.56.040 Amended. Ordinance Nos. 2355 §34, 1747 §1 (part), 1651 §1 and 1490 §2 (part), as codified at TMC Section 5.56.040, are hereby amended to read as follows: 5.56.040 Manager's licenses and entertainer's licenses A. Required. No person shall work as a manager at an adult entertainment cabaret in the City without a current manager's license under this chapter. No person shall work as an entertainer at an adult entertainment cabaret in the City of Tukwila without a current entertainer's license under this chapter. No person shall work at an adult entertainment cabaret in the City of Tukwila unless the adult cabaret license is valid and current. W: Word Processing \Ordinances \Business license fees pulled out strike -thru 1 -27 -16 5G:bjs Page 23 of 28 91 B. Expiration. The license year for a manager's license or an entertainer's license shall be from January 1 to December 31 of each year. Each such license shall expire at close of business or midnight, whichever is earlier, on December 31 of each year. C. Fees. The license fee for a manager's license or entertainer's license is $7-5 00shall be in accordance with the fee schedule adopted by resolution of the City Council. The license fee for each such license is payable for a full year only and is not refundable. D. Assignments. A manager's license or entertainer's license under this chapter shall not be assigned or transferred. E. Minimum age. No person under 18 years of age may obtain a manager's license or entertainer's license under this chapter. F. Renewals of application. The license holder shall submit a new application for a license annually. The application shall be submitted with a fee in order to in. renewal of -a -_ ffentTr—rr"_an agei cr li.Gense h. ker -m L st file an annliotin renewal h-_the - FYnaRC�re Gtor M The renewal fee for each ,re accordance with the fee schedule adopted by resolution of the City Council. Section 28. TIVIC Section 5.56.060 Amended. Ordinance Nos. 2355 §36, 1747 §1 (part), 1601 §1 and 1490 §2 (part), as codified at TMC Section 5.56.060, are hereby amended to read as follows: 5.56.060 Issuance of license and renewals of application A. Upon receipt of any application for a license under this chapter, the Finance Director shall refer the application to the Police Department., which shall investigate the truth of the statements in the application and shall investigate the applicant's compliance with the standards of this chapter. The applicant's information shall be submitted to the Washington State Patrol Identification and Criminal History Section (WASIS). Any Washington State criminal history conviction records on the applicant shall be provided to and reviewed by the City of Tukwila Police Department. The applicant shall submit an additional fee for the WATCH (Washington Access to Criminal History) background check in accordance with the fee schedule adopted by resolution of the City Council. Upon receipt of any complete application for a license, the Finance Director shall further issue a temporary license, pending disposition of the application or completion of the term of any license suspension issued pursuant to this chapter. The temporary license shall expire upon issuance of a license or renewal thereof or notice of non - issuance. The holder of a temporary license is subject to all requirements, standards and penalty provisions of this chapter. W: Word Processing \Ordinances \Business license fees pulled out strike -thru 1 -27 -16 SG:bjs Page 24 of 28 92 B. After an investigation, the Finance Director shall issue a license if the Finance Director finds: 1. That the applicant complies with all applicable requirements and standards of this chapter; and 2. That the applicant has not made any false, misleading or fraudulent statement of fact in the application for a license, or in any report or record required to be filed with the Finance Director. In the event the applicant has not met the enumerated requirements after the required investigations, the Finance Director shall issue a notice of non - issuance of the license. Notice of non - issuance shall specify the reasons therefor. C. Upon receipt of any application for renewal of a license under this chapter, the Finance Director shall issue the renewal unless the Finance Director has information which indicates that -the applicant would not qualify for the initial issuance of a license under TMC Section 5.56.060.B. In the event the applicant has not met the enumerated requirements after the required investigation, the Finance Director shall issue the renewal or notice of non - renewal of the application. Notice of non - renewal of application shall specify the reasons therefor. D. Receipt of the Notice of Denial, Suspension or Revocation. The Notice of Denial, Suspension or Revocation of a license under this chapter shall be sent to the applicant or license holder by registered mail at the address provided on the license application. Notice shall be deemed received by the applicant or license holder 3 business days after mailing. OE. Each adult entertainment cabaret shall maintain and retain for a period of two years the names, addresses, home telephone numbers, social security numbers, and ages of each person employed or otherwise permitted to appear or perform on the premises as an entertainer, including independent contractors and employees. This information shall be available for inspection by the Finance Director or the Tukwila Police Department during the adult entertainment cabaret's business hours. Section 29. TMC Section 5.56.100 Amended. Ordinance Nos. 2381 §9, 1747 §1 (part) and 1490 §2 (part), as codified at TMC Section 5.56.100, are hereby amended to read as follows: 5.56.100 Appeals A. The applicant or license holder may appeal the decision of the Finance Director to suspend deny or revoke a business license by filing a written notice of appeal with the City Clerk within 10 calendar days following receipt of the Notice of Denial, Suspension or Revocation. The notice of appeal must state the qrounds for appeal, including a detailed explanation of why the decision to suspend, deny or revoke was incorrect. The notice of appeal must be accompanied by an Appeal Fee in accordance with the fee schedule adopted by resolution of the CityCouncil. A timely notice of W: Word Processing \Ordinances \Business license fees pulled out strike -thru 1 -27 -16 SG:bjs Page 25 of 28 93 appeal shall stay the effect of the notice of non-issuance or revocation until the City's Hearing Examiner or other hearing body issues a written decision on the appeal.-UpG­n R(� f non issuapfce�-reveG.atii I -ariy4GeR_&e--u�eF -INs of *Rplasi # +en .of- -any penalty undue r_TMG-SeG+LieR -.56-4 , flhe app4GaRt--GP-4_iG�-4Glder may-appeat-b. , filing _- noti-Ge­of-appea", which the anneal lis based- with the City GL-�thin 10 day the date of4h-e-notic�RGR- i-,&UaRGe, revocation Or—,_u-& : -G GGepted-, the appeal mu-&t nie by an appeal, fee- of IZOrn.t)O. A +;--l- --+; ­Y ..-,,Ge of aj3qqe-@il_ shall stay_the-e#eGt-of4he-RGt_iGe of noR4&suaRce-,-Tevo­GatioR, suspen&ion or-4nipe�&4ion--of-any-pena4y--u+td,-r TIVIC S,eGtj-GR_-5.56.120. unt_4,Rely--R�Ge of appeat-,hall-be rejected as '­k k" Y +k- r,;+,, 1. -Y L­ - " Clerk, and no-appeal hearing shall be sGhed-u4ed-. A warning notice to a manager, under TIVIC Section 5.56.110.A.1, shall not constitute the imposition of a penalty that is appealable under this section. B. Upon timely filing of a notice of appeal, the Finance Director shall schedule a hearing on the appeal before a Hearing Examiner. The hearing shall be conducted no later than 4530 days from the date of the notice of appeal, unless an extension is agreed to by the appellant or otherwise ordered by the Hearing Examiner or other hearing body for good cause shown. Notice of the hearing will be mailed to the applicant or licensee. The-44ea#Rg--E* a-m_iRer shiall h e the autherity +I-- issue subpoenas for per-sons and dGGume-Rts-felevaPA-tG-t-h,--appeal,-upof-i4eques+ of aa party. C. The hearing shall be de novo. The decision of the City's Hearing Examiner or other hearing body shall be based upon a preponderance of the evidence. The burden of proof shall be on the appellant. The Hearing Examiner or other hearing body may affirm, reverse or modify the Finance Director's decision. D. Within 20 business days, excluding holidays recognized by the City of Tukwila, from the date of the hearing on an appeal under this section, the Hearing Examiner or other hearing body -shall issue a written decision, which shall set forth the reasons therefor. D­ A decisivon -of the HearYing Exa mner_,� _j - Gt-aR peal as L;IRtiM-e4Y-,-,hafl be final, unless-ap-appli-ation, for a -rit-of review -F; I- A With + ­4 -r^me_r4y ----,-.,ed UPOR the- City of w;l- v.,;+ki- I A ­e King GGu_Rty-S4pe4ef-C­GuF­t I-F ... I I Gate-Rd a m i n e r's d i s.; -_ 1-1. Section 30. TIVIC Section 5.60.080 Amended. Ordinance No. 1918 §9, as codified at TIVIC Section 5.60.080, is hereby amended to read as follows: 5.60.080 Appeals A. Upon notiGe of nop4s&uai4Ge-or4evoGa#on-of-a-bA4-siRess4i4C&n-S&T-tThe applicant or license holder may appeal the decision of the Finance Director, to suspend, deny or revoke a business license by filing a notice of a p pea 1,-&peG4ying-the-pa#iG-ulaT4ea&GnN upon_whi&-th,e-appeal- aa-sed-, with the City Clerk within 10 calendar days of and in-luding the -date--following receipt of the Notice of Suspension, -Non-issuance or VV Word Processing\Ordinances\Business license fees pulled out strike-thru 1-27-16 SG:bjs Page 26 of 28 all Revocation. The notice of appeal must state the rg_ounds for appeal including a detailed explanation of why the decision to suspend, deny or revoke was incorrect. To be aGGepted +The appeal must be accompanied by an Appeal Fee in accordance with the fee schedule adopted by resolution of the City Council. A timely notice of appeal shall stay the effect of the notice of non- issuance or revocation until the City's Hearing Examiner or other hearing body issues a written decision on the appeal.A_n- _t-44 ely RetiGe of appeal shall be rejeGted as such by the 104y Clerk, and no-appeal hearing stroll beSGhecruled B. Upon timely filing of a notice of appeal, the Clerk Finance Director shall schedule a hearing on the appeal before a --the City's Hearing Examiner or other hearing body. The hearing shall be conducted no later than 30 days from the date of the notice of appeal, unless an extension is agreed to by the appellant or otherwise ordered by the Hearing Examiner or other hearing body for good cause shown. C. The hearing shall be de novo. The decision of the City's Hearing Examiner or other hearing body shall be based upon a preponderance of the evidence. The burden of proof shall be on the appellant. The Hearing Examiner or other hearing body may affirm reverse or modify the Finance Director's decision. CD. Within 4420 business days, excluding holidays recognized by the City of Tukwila, from the date of the hearing on an appeal under this section, the Hearing Examiner or other hearing body shall issue a written decision, which shall set forth the nr nnn icc� i�nno nr ro n of the lice therefor. reasons #v,- the- �,- �- rr- r���r�r,- r�- �.voe -ati�, r- o,- �„�rr�v, -,�. n ' j r in n m —1 in f the- Gterk +c— rejeGt-an TQoviJinno+ho oa, ., ,y appeal as , +L o_f review is� l " -f Superior�Ft-and-properly served UPOR the }h;n -14r inn Gv�minnr'c r�onic inn -rl llJ. L/�UIIIII e s IdV VIJ1 GR ED --A timely n vfa�}ti si c + iv ev� denial nonriinn I lo�rinn Gvominor review nr iudirr�rer� view-. � rc-r-r'rU r -pc rrG rri�r rc; c`rr r -ry- �� un r r r rc. � i c. v r... v v v� � u u v Section 31. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 32. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. W: Word Processing \Ordinances \Business license fees pulled out strike -thru 1 -27 -16 sG:bjs Page 27 of 28 95 Section 33. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2016. ATTEST /AUTH E NTI CATE D: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Business license fees pulled out strike -thru 1 -27 -16 SG:bjs M Page 28 of 28 FINANCE AND SAFETY COMMITTEE Meeting Minutes City Council Finance and Safety Committee February 2, 2016 - 5:30 p.m. - Foster Conference Room, 6300 Building Councilmembers: Verna Seal, Chair; Dennis Robertson, Kate Kruller Staff: David Cline, Bob Giberson, Peggy McCarthy, Rachel Bianchi, Chris Flores, Mike Villa, Gail Labanara, Sandy Garrett, Vicky Carlsen, Leon Richardson, Laurel Humphrey CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESSAGENDA Chair Seal announced that item 2e pertaining to Facilities and RFA will be held to a future date. A. Police Department Purchase: Mobile on Q Staff is seeking Committee approval to purchase a Mobile on Q evidence device for $5,695 and a five -year warranty for $350. This is a mobile device that will allow users to inventory, transfer and check out items from any location, syncing remotely with the evidence database. This will improve efficiency and is a timely companion to the Police Department's new evidence facility. Funding for the device and warranty will be divided between the departmental office supplies and evidence supplies budgets. UNANIMOUS APPROVAL. B. Resolution: Surplus 1994 Darley Fire Truck Staff is seeking Council approval of a resolution that would surplus the 1994 Darley Fire Truck and authorize the sale of the truck to Bates Technical College for $5,950. This fire engine is no longer in service and is at the end of its life cycle. It will be useful to Bates Technical College to train upcoming firefighters because it has modern features that don't currently exist in their training inventory. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 16, 2016 REGULAR CONSENTAGENDA. C. Ordinance and Resolution: Amending Title 5. "Business Licenses and Regulations" Staff is seeking Council approval of an ordinance that would amend Title 5, "Business Licenses and Regulations," with clarifying improvements and consistency with current practice. In addition, the ordinance would remove the fee schedule, as the City has been gradually removing various fee schedules from locations in the Code and adopting them by resolution instead. Staff is also seeking Council approval of the resolution that would adopt the fee schedule for business licenses. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 16, 2016 REGULAR CONSENT AGENDA. RYA