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HomeMy WebLinkAboutCOW 2011-10-24 Item 4D - Ordinance - Business License Housekeeping ItemsCOUNCIL AGENDA SYNOPSIS Initials ITEM No. Meetinq Date Prepared by Mayor's review Council review 10/24/11 JFS ou; 11/07/11 JFS 4.D. ITEM INFORMATION 1 CASNumiii--,.R: I STAFF SPONSOR: JENNIFER F SANTA INES ORIGINAL,AGI?.NDA DA1'f;: 10/24/11 AGI"NDA I'rl?A4Trrl;r: A housekeeping ordinance to update TMC Chapter 5 to reflect the Finance Department as the issuing office for business licenses, operational changes, and repeal TMC Chapter 5.32, "Trailer Parks CxI'IiGOItY ®Discussion El Motion ❑Resolution ®Ordinance ❑Bid Award Public Hearing Other lftg Date 10/24/11 i1Qlg Date 112tg Date Il7tg Date 11/7/11 Mtg Date Mtg Date iA tg Date SPONSOR Council Mayor HR DCD Finance Fire IT P6-R Police PIV SPONSOR'S The "Business Licenses and Regulations" section of the Tukwila Municipal Code (TMC) was last updated in May 2011. Since then operational changes require an update to the regulations. TMC Chapter 5.32 was written in 1959 and is not enforced by the City. RI ?VII?,wl?I) RY cow Mtg. CA &P Cmte F &S Cmte "Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 10/18/11 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR /ADMIN. Finance Department C0',\4mrt "TF.1? Unanimous Approval; Forward Committee of the Whole EXPENDITURE: RIQUIRED $0 Fund Source: C01771nents: MTG. DATE 10/24/11 1 MTG. DATE 10/24/11 1 11/7/11 COST IMPACT/ FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 10/12/11 Draft Ordinance Minutes from the Finance and Safety Committee Meeting of 10/18/11 29 W City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: Jennifer Ferrer -Santa Ines, Senior Fiscal Coordinator DATE: October 12, 2011 SUBJECT: Update language to reflect Finance assuming Business Licensing from the City Clerk office and repeal Tukwila Municipal Code (TMC) Chapter 5.32 ISSUE The "Business Licenses and Regulations" section of the TMC was last updated in May 2011 by Ordinance No. 2333. Numerous sections of Title 5 of the TMC still contain language referencing the City Clerk's office as the issuing department for business licenses. TMC Chapter 5.32, "Trailer Parks," regulations were written in 1959 and are now outdated. BACKGROUND On November 15, 2010, Council adopted proposed language for the issuing department from the City Clerk's office to the Finance Department. This change, however, was only reflected in Title 5, Chapter 5.04. The Finance Department has assumed all business license responsibilities from the City Clerk's office and as such should be reflected in TMC Title 5. Trailer Park establishments were annexed into Tukwila and regulated under King County. Chapter 5.32 of the Code was never applied or enforced and is no longer needed. DISCUSSION Since the Finance Department has become the issuing office of Business Licenses, the Code language needs to be updated to reflect this change in its entirety. Currently the Code only reflects this change in Title 5, Chapter 5.04. The remaining sections of Title 5 need to be updated to reflect this change. Trailer Parks are treated like any other organization operating in the City with the requirement to obtain a valid business license and pay the applicable Revenue Generating Regulatory License (RGRL) fee. 47 INFORMATIONAL MEMO Page 2 RECOMMENDATION The Council is being asked to approve the attached Ordinance, approve the language updates and operational changes for the issuing department and approve the repeal of TMC 5.32. The Council is being asked to consider this issue at the October 24, 2011 Committee of the Whole Meeting and the November 7, 2011 Regular Meeting. ATTACHMENT Draft Ordinance EN AU 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 UPDATE THE ISSUING DEPARTMENT; REPEALING VARIOUS ORDINANCES AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 5.32, "TRAILER PARKS;" PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the current "Business Licenses and Regulations" section of the Tukwila Municipal Code (TMC) was last updated in May 2011 by Ordinance No. 2333, and operational changes require an update to the regulations, and WHEREAS, the Finance Department has become the issuing office for business licenses within the City and housekeeping amendments are required to reflect this change in City operations; and WHEREAS, the City's regulations relating to trailer parks as codified at TMC Chapter 5.32, "Trailer Parks," were written in 1959 and are outdated; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 5.08.030, "Cabaret license required Fee," Amended. Ordinance No. 1586 §2 (part), as codified at TMC Section 5.08.030, is hereby amended to read as follows: It is unlawful to conduct, open up, manage 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 license fee therefor shall be $300.00. The liG se foe for a period of 1 than a yeaF shall be the rate ef $75.00 fer eaGh quarterly period. Each such license shall be non assignable and nontransferable, and the fee paid shall be nonrefundable. Section 2. TMC Section 5.08.040, "Manager's licenses and entertainer's licenses Fees Terms Assignments Renewals," subparagraph F, Amended. Ordinance Nos. 1648 §1 and 1586 §2 (part), as codified at TMC Section 5.08.040, subparagraph F, are hereby amended to read as follows: W: \Word Processing \Ordinances \Title 5 housekeeping revisions strike -thru 10- 7- 11.doc JF- CW:bjs Page 1 of 22 i F. In order to obtain renewal of a current manager's license or entertainer's license for the next year, a license holder must file an application for renewal with the Cl erk Finance Director prior to expiration of the current license. The renewal fee for each year is $75.00. Section 3. TMC Section 5.08.050, "License application procedure," Amended. Ordinance No. 1586 §2 (part), as codified at TMC Section 5.08.050, is hereby amended to read as follows: A. Cabaret License An applicant for a cabaret license shall make application therefor on the application forms provided by the City —Clerk 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. B. Manager's or Entertainer's License Any application for a manager's license or entertainer's license or renewal thereof shall be signed by the applicant and notarized or certified to be true under penalty of perjury. Each such application shall be submitted on a form supplied by the Clerk Finance Director. The form shall require statement of the applicant's name, home address, home telephone number, date and place of birth, social security number, and the name, address and phone number of the cabaret or cabarets at which the applicant will work, and any stage names or nicknames used in entertaining. The form shall also require the applicant to disclose all prior criminal convictions, including the crime(s) convicted of, place, and the approximate date of each such conviction. At the time of application, the applicant shall present suitable identification providing proof that the applicant is at least 18 years of age, which may include (1) a motor vehicle operator's license, issued by any state, bearing the applicant's photograph and date of birth; or (2) any state issued identification card bearing the applicant's photograph and date of birth. At the same time, the Clerk Tukwila Police Department shall photograph each applicant for the GteFk's- Finance Director's records. W: \Word Processing \Ordinances \Title 5 housekeeping revisions strike -thru 10- 7- 11.doc JF- CW:bjs Page 2 of 22 50 C. 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 promptly shall notify the irk Finance Director in writing and provide current information. D. All Completed Applications A completed application shall be submitted to the City Clerk 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. The C Clerk 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 4. TMC Section 5.08.060, "Grounds for denial of application," subparagraph 3, Amended. Ordinance No. 1586 §2 (part), as codified at TMC Section 5.08.060, subparagraph 3, is hereby amended to read as follows: 3. The license was procured by fraud or any false statement or misrepresentation of fact in the application or in any report or record filed with the Clerk Finance Director. In all events, the C lerk Finance Director shall issue the license, or his /her reasons(s) for non issuance as soon as possible, but in no event more than 30 days after receipt of a completed application. Section 5. TMC Section 5.08.070, "Revocation or suspension of licenses," Amended. Ordinance No. 1586 §2 (part), as codified at TMC Section 5.08.070, is hereby amended to read as follows: A. The City Clerk Finance Director may revoke any license under this chapter, or may suspend any such license for a period of time not to exceed one year, where one or more of the following conditions exist: 1. The license was procured by fraud or by any false statement or misrepresentation of fact in the application or in any report or record required to be filed with the GlerkI Finance Director 2. 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 this code; or 3. The license holder, his or her employee, agent, partner, director, officer or manager has violated or permitted violation of any of the provisions of this chapter. W: \Word Processing \Ordinances \Title 5 housekeeping revisions strike -thru 10- 7- 11.doc JF- CW:bjs Page 3 of 22 51 B. Upon determination that grounds for revocation or suspension of a license exist, the GI•eFk Finance Director shall send by first class mail, postage prepaid, to the license holder a notice of revocation or suspension. The notice shall set forth the grounds for revocation or suspension. Section 6. TMC Section 5.08.080, "Appeals and hearing," Amended. Ordinance Nos. 1796 §3 (part) and 1586 §2 (part), as codified at TMC Section 5.08.080, are hereby amended to read as follows: A. Any person aggrieved by the action of the Clerk Finance Director in refusing to issue or renew any license under this chapter or in suspending or revoking any license under this chapter shall have the right to appeal such action to the City Hearing Examiner, or to such other hearing body as may hereafter be established by the City Council for the hearing of such appeals, by filing a notice of appeal with the City Clerk within ten days of receiving notice of the action from which appeal is taken. B. The hearing body, upon receipt of a timely notice of appeal, shall set a date for a hearing of such appeal within 20 days from the date of such receipt, except as specified in TMC Section 5.08.080.C. The hearing shall be de novo. The hearing body shall hear testimony, take evidence and may hear oral argument and receive written briefs. The filing of such appeal shall stay the action of the Clerk, Finance Director pending the decision of the hearing body. C. The decision of the hearing body on an appeal from a decision of the C-ler-k Finance Director shall be based upon a preponderance of the evidence. The burden of proof shall be on the appellant. D. The decision of the hearing body shall be final unless appealed to the superior court within 20 days of the date the decision is entered. Section 7. TMC Section 5.10.020, "Definitions," subparagraph 3, Amended. Ordinance Nos. 1911 §1 and 1778 §2 (part), as codified at TMC Section 5.10.020, subparagraph 3, are hereby amended to read as follows: 3. "Gle Finance Director" means the City -CteFk Finance Director or his /her designee who is designated by the Mayor as licensing official under this chapter. Section 8. TMC Section 5.10.030, "Adult cabaret licenses, fees, terms, assignments and renewals," Amended. Ordinance No. 1778 §2 (part), as codified at TMC Section 5.10.030, is hereby amended to read as follows: A. No adult cabaret shall be operated or maintained in the City unless the owner or lessee thereof has a current adult 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 cabaret, when such adult cabaret does not have a current adult cabaret license. B. The license year for an adult 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. W: \Word Processing \Ordinances \Title 5 housekeeping revisions strike -thru 10- 7- 11.doc JF- CW:bjs Page 4 of 22 52 C. The license fee for an adult cabaret license is $300.00. The liGense-fee-fGr-a peri of css tr GRe year shall be the Fate of $75.00 foF all er part of eaGh quarterly period of operation. D. An adult cabaret license under this chapter shall not be assigned or transferred. Any fee paid is nonrefundable. E. In order to obtain renewal of a current adult cabaret license for the next year, a license holder must file an application for renewal with the Glerk Finance Department. The renewal fee for each year is $300.00. Section 9. TMC Section 5.10.050, "License applications," Amended. Ordinance No. 1778 §2 (part), as codified at TMC Section 5.10.050, is hereby amended to read as follows: A. Adult Cabaret License. Any application for an adult cabaret license or renewal thereof shall be submitted in the true name of the operator of the adult cabaret to which the application pertains. The true operator or his /her agent, under penalty of perjury, shall sign and notarize or certify that all of the operators as defined in this chapter are listed and all of the information provided is true and correct. Any change in ownership in the adult cabaret must be reported to the Clerk- Finance Director within 20 days of such change(s). Each such application shall be submitted on a form supplied by the Clerk Finance Director. The form shall require the following information: 1. If the applicant is an individual or partnership, the names, home addresses, home telephone numbers, dates and places of birth, and social security numbers of all operator(s). If the applicant is a partnership, all such information must be provided for all general partners; 2. If the applicant is a corporation, the names, addresses, telephone numbers, and social security numbers of all operators and of all corporate officers and directors. The same information shall be required from each parent company or affiliate; 3. The name, address, and telephone number of the adult cabaret; 4. The name, address and telephone number of the owner of the property on which the adult cabaret is located; 5. The names, addresses, and telephone numbers of all employees of the adult cabaret; 6. A statement detailing whether the applicant or any operator, partner, corporate officer, director, or shareholder of 50% or more of any class of an operator's stock, holds any other licenses under this chapter or any similar cabaret, adult cabaret entertainment or sexually- oriented business ordinance, including motion picture theaters and panorams from the City or another city, county, or state, and if so, the names and addresses of each other licensed business and the jurisdiction(s) in which such businesses are located; and W: \Word Processing \Ordinances \Title 5 housekeeping revisions strike -thru 10- 7- 11.doc JF- CW:bjs Page 5 of 22 53 7. A description of the adult cabaret or sexually- oriented adult cabaret entertainment business history of the applicant; whether such person or entity, in previously operating in this or another city, county or state, has had a business license or adult cabaret entertainment license revoked or suspended, the reason therefore, and the activity or occupation of the applicant subsequent to such action, suspension or revocation. B. Manager's License or Entertainer's License. Any application for a manager's license or entertainer's license, or any renewal thereof, shall be signed by the applicant and notarized or certified to be true under penalty of perjury. Each such application shall be submitted on a form supplied by the Clerk Finance Director. The form shall require a statement of the applicant's name, home address, home telephone number, date and place of birth, social security number, `n� Washington State Unified Business Identifier (UBI) number, and the name, address and phone number of the adult cabaret or adult cabarets at which the applicant will work, and any stage names or nicknames used in entertaining. The form shall also require the applicant to disclose all prior criminal convictions, including the crime(s) convicted of, place, I and the approximate date of each such conviction. At the time of application or renewal, the applicant shall present picture identification which shall include (1) a valid motor vehicle operator's license, issued by the State of Washington, bearing the applicant's photograph and date of birth; or (2) a valid Washington State issued identification card bearing the applicant's photograph and date of birth. At the time of application or renewal and amain b etween Iu ly 1 and I4i 14 every yeah the applicant shall be photographed by the CleFk Tukwila Police Department Orin— hrissirhTe design ee for the Glef!4's Finance Director's records and the Police Department's records. Fai', -tee ±o appea feF a- photograph between july and Iu ly l nn sU Gh dat a-n�ac G are preSGribe by the result in linonse SUS unt s isnen inn ntil the nhntegmph is ehtained C. Duty to Supplement Application. In the event that any information on any application for a license under this chapter becomes outdated or otherwise inaccurate or incomplete, including but not limited to a change in the applicant's name, address, telephone number, or staqe name, or substantial changes to an applicant's appearance, including but not limited to a chanqe in hair style and color, or facial or other features including tattoos, an applicant or license holder shall appear before the Clerk Finance Director within 20 days and provide current information, including, when applicable, being photographed by the Clerk Tukwila Police Department ^r his; he; desigeee to accurately reflect any change in looks when compared to the most recent photograph available under TMC Section 5.10.050.B. Section 10. TMC Section 5.10.060, "Issuance of licenses and renewals," Amended. Ordinance No. 1778 §2 (part), as codified at TMC Section 5.10.060, is hereby amended to read as follows: A. Upon receipt of any application for a license under this chapter, the Clerk 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. Upon receipt of any complete W: \Word Processing \Ordinances \Title 5 housekeeping revisions strike -thru 10- 7- 11.doc JF- CW:bjs Page 6 of 22 54 application for a license, the G le*— 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 or 30 days from the date of issue, whichever is sooner. The holder of a temporary license is subject to all requirements, standards and penalty provisions of this chapter. B. After an investigation, but prior to the expiration of the temporary license, the Clerk Finance Director shall issue a license if the Clerk 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 Glerk Finance Director. In the event the applicant has not met the enumerated requirements after the required investigations, the Clerk 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 Clerk Finance Director shall issue the renewal unless the GleFk Finance Director has information which indicates that the applicant would not qualify for the initial issuance of a license under TMC Section 5.10.060.13. As necessary, the Clerk- Finance Director may issue temporary licenses after receipt of a renewal application. In the event the applicant has not met the enumerated requirements after the required investigation, the Clerk Finance Director shall issue the renewal or notice of non renewal of the application. Notice of non renewal shall specify the reasons therefor. D. Each adult cabaret shall maintain on the premises of the adult cabaret 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 Clerk Finance Director or the Tukwila Police Department during the adult cabaret's regular business hours. Section 11. TMC Section 5.10.090, "Revocation or suspension of licenses," Amended. Ordinance No. 1778 §2 (part), as codified at TMC Section 5.10.090, is hereby amended to read as follows: A. The Clerk Finance Director may revoke any license under this chapter or may suspend any such license for a period of time not to exceed one year where one or more of the following conditions exist: 1. The license was procured by fraud, by a materially false or misleading representation of fact in the application or in any report or record required to be filed with the Clerk Finance Director; or W: \Word Processing \Ordinances \Title 5 housekeeping revisions strike -thru 10- 7- 11.doc JF- CW:bjs Page 7 of 22 55 2. 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 this chapter. 3. The license holder, his or her employee, agent, partner, director, officer or manager has violated or permitted violation of any of the provisions of this chapter. B. Upon determination that grounds for revocation or suspension of a license exist, the Clergy- Finance Director shall send the license holder a notice of revocation or suspension by first class mail, postage prepaid. Such notice shall be effective upon the expiration of the ten -day appeal period set forth in TMC Section 5.10.100.A, unless a timely notice of appeal is filed as specified therein. Section 12. TMC Section 5.12.040, "Investigation of applicant issuance and denial of license," Amended. Ordinance No. 1887 §5, as codified at TMC Section 5.12.040, is hereby amended to read as follows: A. The City —Clergy 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. Upon completion of the investigation, the Police Department shall forward a recommendation for approval or denial to the City Clerk Finance Director. B. If, as a result of the investigation, the character and business responsibility of the applicant is found to be satisfactory, the C ity C!erk Finance Director shall issue the license to the applicant. The City Clerk Finance Director shall deny the applicant the license if the applicant has: 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 ten 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. W: \Word Processing \Ordinances \Title 5 housekeeping revisions strike -thru 10- 7- 11.doc JF- CW:bjs Page 8 of 22 56 Section 13. TMC Section 5.12.070, "License revocation," Amended. Ordinance No. 1887 §8, as codified at TMC Section 5.12.070, is hereby amended to read as follows: A. The C Gler Finance Director may revoke any license under this chapter after notice and hearing where one or more of the following conditions exist: 1. The license was procured by fraud, by a materially false or misleading representation of fact in the application or in any report or record required to be filed with the Clerk Finance Director. 2. Fraud, misrepresentation or false statements made in the course of carrying on the business as a peddler. 3. Violation of any provision in this chapter. 4. Conviction, after submission of the application for a peddler's license, of a felony or misdemeanor directly relating to the occupation of peddler, including, but not limited to, those misdemeanors and felonies involving moral turpitude, fraud or misrepresentation. 5. Conducting the business of peddling in any unlawful manner or such manner as to constitute a breach of the peace or to constitute a menace to the health, safety and general welfare of the public. 6. The revocation of any permit held by an individual, corporation, partnership or other organization which serves as the employer or principal for individual peddlers shall constitute a basis for revoking the permit issued to individual applicants who are employed by or acting as agents for such individual, corporation, partnership or organization. 7. The revocation of a license for three or more persons who are employees or agents of an individual, corporation, partnership or organization shall constitute a basis for revoking the license issued to the employer or principal, as well as the licenses issued to all other employees or agents of that employer or principal. B. Upon determination that grounds for revocation of a license exist, the City GleF Finance Director shall send the license holder a notice of revocation by certified mail, return receipt requested. Such notice shall be effective upon the expiration of the ten day appeal period set forth in TMC Section 5.12.080, unless a timely notice of appeal is filed as specified therein. Section 14. TMC Section 5.36.040, "License issuance," Amended. Ordinance No. 182 §4, as codified at TMC Section 5.36.040, is hereby amended to read as follows: Upon the approval of the City Council for the operation of a quarry within the City, the Clerk Finance Director shall be instructed to issue a license without charging a fee. W: \Word Processing \Ordinances \Title 5 housekeeping revisions strike -thru 10- 7- 11.doc JF- CW:bjs Page 9 of 22 57 Section 15. TMC Section 5.36.140, "Liability," Amended. Ordinance No. 182 §14, as codified at TMC Section 5.36.140, is hereby amended to read as follows: The operator shall post sufficient public liability and property damage insurance as required by the State for the operation of a quarry. Proof of such insurance must be filed with the C Finance Director. Section 16. TMC Section 5.44.030, "License Application," Amended. Ordinance No. 1482 §1 (part), as codified at TMC Section 5.44.030, is hereby amended to read as follows: A. Every person desiring to operate or have charge of a tow truck business within the City shall make a written application to the C ity Gle k Finance Director for a license to do so. B. Such application shall be referred to the Planning Director for review to insure the proper location and screening of the proposed operation as set forth in TMC Section 5.44.130. Section 17. TMC Section 5.44.050, "Insurance," Amended. Ordinance No. 1482 §1 (part), as codified at TMC Section 5.44.050, is hereby amended to read as follows: A. Every operator shall file with the City -Cler Finance Director a policy or policies of public liability insurance, issued by an insurance company or companies authorized to do business in the State, providing indemnity for or protection to the City as well as providing public liability insurance coverage for each and every vehicle owned, operated and /or leased by the applicant, for injury to or death of persons, passengers or otherwise in accidents resulting from any cause by which the owner and /or operator of the vehicle would be liable on account of any liability imposed upon him by law, regardless of whether the vehicle was being driven by the owner or his agent, and as against damage to the property of another, including personal property under like circumstances, in the sum of $50,000 for the injury or death of one person, or $100,000 for the injury or death of more than one person in any one accident and $10,000 for property damage. B. Any copy of any such insurance policy shall be subject to approval as to sufficiency and as to form by the City Attorney. Every such policy of insurance shall provide that the liability of the insured shall not be affected by the insolvency or bankruptcy of the insured. The policy shall be for the benefit of any and all judgment creditors and shall extend for the period to be covered by the license applied for and the insurer shall give not less than ten days' written notice to the City Clerk Finance Director in the event of change or cancellation. Section 18. TMC Section 5.44.060, "License Fee," Amended. Ordinance No. 1482 §1 (part), as codified at TMC Section 5.44.060, is hereby amended to read as follows: W: \Word Processing \Ordinances \Title 5 housekeeping revisions strike -thru 10- 7- 11.doc JF- CW:bjs Page 10 of 22 i Every applicant shall produce a current Washington tow truck operator registration. Upon proper authorization by the City Council, the C ity Finance Director shall, upon receipt of the annual license fee, issue a license which shall expire on the 31st day of December of the year in which it is issued. The annual license fee shall be $25.00 for each vehicle to be operated, and a separate license shall be required for each vehicle. Section 19. TMC Section 5.48.030, "License fees," Amended. Ordinance No. 1273 §3, as codified at TMC Section 5.48.030, is hereby amended to read as follows: A. The license fee for each amusement center shall be $500.00 per annum. Such fw2c shall B. The amusement device fee shall be $50.00 per machine per annum. Such fee shall be payable annually. Section 20. TMC Section 5.48.040, "Issuance of license," Amended. Ordinance No. 1273 §4, as codified at TMC Section 5.48.040, is hereby amended to read as follows: 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 C ity Clerk Finance Director on a form prescribed by the City Clergy Finance Director. At the time of applying for such license, said applicant shall deposit with the City Clerk Finance Director the full amount of the license fee for the period for which application is made. This application fee shall be held by the Finance Director pending granting or denial of said application; provided, however, that 10% of said fee shall not be refunded in the event that the application is denied. Said 10% fee constitutes a charge for processing the application. C. Said application shall be reviewed by a committee made up of the City Clerk 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 to the City Council within ten days. 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. W: \Word Processing \Ordinances \Title 5 housekeeping revisions strike -thru 10- 7- 11.doc JF- CW:bjs Page 11 of 22 M e F. All renewal fees for amusement center licenses and amusement devices 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; commencing October 1 renewals therefor shall be subject to the same review as though the license were being issued originally. Section 21. TMC Section 5.48.070, "Enforcement," Amended. Ordinance No. 1273 §7, as codified at TMC Section 5.48.070, is hereby amended to read as follows: The City GIeFk Finance Director, the Police Chief and Fire Chief are empowered to administer, carry out and enforce the policies and provisions of this chapter. Section 22. TMC Section 5.52.010, "Definitions," subparagraph 1, Amended. Ordinance No. 1475 §1 (part), as codified at TMC Section 5.52.010, subparagraph 1, is hereby amended to read as follows: 1. Cie* Finance Director" means the City of Tukwila employee or agent appointed by the Mayor as licensing official under this chapter. Section 23. TMC Section 5.52.020, "Panoram premises license required," subparagraph C, Amended. Ordinance No. 1475 §1 (part), as codified at TMC Section 5.52.020, subparagraph C, is hereby amended to read as follows: C. The GlerkFinance Director shall prescribe the form of such license, number the same, and shall indicate thereon the number of panoram devices which may be operated thereunder, and the location of the licensed panoram premises. Section 24. TMC Section 5.52.030, "Panoram device license required," subparagraph D, Amended. Ordinance No. 1475 §1 (part), as codified at TMC Section 5.52.030, subparagraph D, is hereby amended to read as follows: D. The GlerkFinance Director shall prescribe the form of such license and number the same. Section 25. TMC Section 5.52.040, "Panoram operator's license required," Amended. Ordinance No. 1475 §1 (part), as codified at TMC Section 5.52.040, is hereby amended to read as follows: It is unlawful to own and exhibit or display for public use, or to place with another, by lease or otherwise, for public use, exhibit or display, any panoram device without a valid and current panoram operator's license. The Gler Finance Director shall prescribe the form of such license and shall number the same. Section 26. TMC Section 5.52.050, "License fee Terms Assignment Renewal," subparagraphs D and E, Amended. Ordinance No. 1475 §1 (part), as codified at TMC Section 5.52.050, subparagraphs D and E, is hereby amended to read as follows: W: \Word Processing \Ordinances \Title 5 housekeeping revisions strike -thru 10- 7- 11.doc JF- CW:bjs Page 12 of 22 01 D. If a licensee, on or before December 31 of any year, gives written notice to the City GlerkFinance Director that he will not, after December 31, conduct business in a manner requiring a license under this chapter, 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 61st day following the prior December 31, and such licensee may not reapply for such license for a period of one year from such date of revocation. Upon such revocation, the G Director shall promptly mail written notice of such revocation to such licensee. Section 27. TMC Section 5.52.060, "License application Report by City departments," subparagraph A, Amended. Ordinance No. 1475 §1 (part), as codified at TMC Section 5.52.060, subparagraph A, is hereby amended to read as follows: A. Any person seeking a panoram premises license, panoram operator's license or panoram device license shall file a written application with the GlerkFinance Director on a form provided by the GIerkFinance Director for that purpose. The GlerkFinance Director, upon presentation of such application and before acting upon the same, shall refer such application to the City Police Department, which shall make a full investigation as to the truth of the statements contained therein, and to the City Development Review Committee and City Fire Department, and to the County Health Department, which shall investigate and provide information to the GlerkFinance Director concerning compliance of the premises and devices sought to be licensed with this and other applicable City and State health, zoning, building, fire and safety ordinances and laws. Section 28. TMC Section 5.52.080, "Issuance of licenses," Amended. Ordinance No. 1475 §1 (part), as codified at TMC Section 5.52.080, is hereby amended to read as follows: A. Within 30 days of the date of filing of any application, the GlerkFinance Director shall issue the license or licenses applied for or renewal thereof, or notice of non issuance and the reasons therefor. B. The GlerkFinance Director shall issue the license or licenses applied for if and only if, after an investigation, the GlerkFinance Director finds: 1. That the business for which a license is required herein will be conducted in a building, structure and location which complies with the requirements and standards of this chapter; and 2. That the applicant, his or her employee, agent, partner, director, officer, stockholder or manager has not knowingly made any false, misleading or fraudulent statement of material fact in the application for a license, or in any report or record required to be filed with the Cler-kFinance Director. W: \Word Processing \Ordinances \Title 5 housekeeping revisions strike -thru 10- 7- 11.doc JF- CW:bjs Page 13 of 22 61 C. The OIer Finance Director shall renew a license upon application unless the OIer Finance Director is aware of facts that would disqualify the applicants from holding the license for which they seek renewal. Section 29. TMC Section 5.52.090, "Suspension or revocation of licenses Notices Summary suspension," Amended. Ordinance No. 1475 §1 (part), as codified at TMC Section 5.52.090, is hereby amended to read as follows: A. After an investigation and upon the recommendation of the Chief of Police, Director of Planning, Fire Chief or the County Health Officer, the CIer Finance Director may, upon 30 days' notice, temporarily or permanently suspend or revoke any license issued pursuant to this chapter where one or more of the following conditions exist: 1. The license was procured by fraud or misrepresentation of a material fact in the application or in any report or record required to be filed with the GlerkFinance Director; 2. The building, structure, equipment or location of the business for which the license was issued does not comply with the requirements or the standards of this chapter, 3. The licensee, his or her employee, agent, partner, director, officer or manager has knowingly allowed or permitted in or upon the panoram premises any violations of this chapter or acts made unlawful under this chapter. B. If the GlerkFinance Director finds that any condition set forth in TMC Section 5.52.090.A exists, and that such condition constitutes a threat of immediate serious injury or damage to persons or property, the Glerk Finance Director may immediately suspend any license issued under this chapter pending a hearing in accordance with TMC Section 5.52.100. The CIeFkFinance Director shall issue notice setting forth the basis for the GlerkFinance Director's action and the facts supporting the GlerkFinance Director's finding regarding the condition found to exist that constitutes a threat of immediate serious injury or damage to person or property. Section 30. TMC Section 5.52.100, "Appeal and hearing," Amended. Ordinance Nos. 1796 §3 (part) and 1475 §1 (part), as codified at TMC Section 5.52.100, are hereby amended to read as follows: A. Any person aggrieved by the action of the GlerkFinance Director in refusing to issue or renew any license under this chapter or in temporarily or permanently suspending or revoking any license under this chapter shall have the right to appeal such action to the City Hearing Examiner, or to such other hearing body as may hereafter be established by the City Council for the hearing of such appeals, by filing a notice of appeal with the City Clerk within ten days of receiving notice of the action from which appeal is taken. B. The hearing body, upon receipt of a timely notice of appeal, shall set a date for a hearing of such appeal within 20 days from the date of such receipt, except as specified in TMC Section 5.52.100.C. The hearing shall be de novo. The hearing body shall hear testimony, take evidence and may hear oral argument and receive written W: \Word Processing \Ordinances \Title 5 housekeeping revisions strike -thru 10- 7- 11.doc JF- CW:bjs Page 14 of 22 M briefs. The filing of such appeal shall stay the action of the GlerkFinance Director, pending the decision of the hearing body. C. 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 5.52.090.6, the hearing body, upon receipt of a timely notice of appeal, shall set a date for a hearing within five days of the date of such receipt. The hearing body shall render a decision within five days of the conclusion of the hearing. The filing of such appeal shall not stay the action of the GteF Finance Director. D. The decision of the hearing body on an appeal from a decision of the Cler-kFinance Director shall be based upon a preponderance of the evidence. The burden of proof shall be on the Cler-kFinance Director. E. The decision of the hearing body shall be final unless appealed to the superior court within 20 days of the date the decision is entered. Section 31. TMC Section 5.52.110, "Premises regulations," Amended. Ordinance Nos. 1573 §1 and 1475 §1 (part), as codified at TMC Section 5.52.110, are hereby amended to read as follows: It shall be unlawful and a violation of this chapter for a panoram operator, or anyone owning or controlling a panoram premises, to cause, maintain, or permit to exist any condition in violation of this section; and the GlerkFinance Director shall not license any panoram premises which do not conform to the requirements of this section, and shall revoke or suspend the license of any panoram premises, and the license of any operator thereof, which do not maintain conformity with these requirements. 1. The interior of every panoram station shall be visible from a continuous main aisle and shall not be obscured by any curtain, door, wall, or other form of partition or enclosure. 2. The panoram stations on any panoram premises shall be separated by partitions constructed of wood or other solid and opaque material. No openings in such partitions for ventilation or other purposes shall extend higher than 12 inches from the floor or lower than 84 inches from the floor. 3. The licensee shall not permit any doors to areas on the premises which are available for use by persons other than the licensee or employees of the licensee to be locked during business hours. 4. The licensee shall maintain illumination equally distributed in all parts of the premises available for use by the public, at all times when the premises are open or when any member of the public is permitted to enter and remain therein. 5. The entire floor area of a panoram booth or stall must be level with the continuous main aisle. No steps, ramps or risers are allowed in any such booth or stall. 6. The licensee shall permanently post and maintain on the interior and exterior of each booth or stall on the panoram premises a sign with one -inch lettering on a contrasting background stating: W: \Word Processing \Ordinances \Title 5 housekeeping revisions strike -thru 10- 7- 11.doc JF- CW:bjs Page 15 of 22 63 "Occupancy of this booth is at all times limited to only one person. Violators are subject to criminal prosecution under TMC Section 5.52.130." 7. The licensee shall not operate or maintain any warning system or device, of any nature or kind, for the purpose of warning customers or patrons or any other persons occupying panoram booths or stalls located on the licensee's premises that Police officers or City health, fire, licensing or building inspectors are approaching or have entered to the licensee's premises. 8. A licensed panoram operator shall be on the premises at all times that the panoram premises is open to the public for business. Section 32. TMC Section 5.56.020, "Definitions," Amended. Ordinance Nos. 1910 §1, 1747 §1 (part), 1604 §1 and 1490 §2 (part), as codified at TMC Section 5.56.020, are hereby amended to read as follows: For the purposes of this chapter, the words set out in this section shall have the following meanings: A. "Adult entertainment" means: 1. Any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance, or dance involves a person who is unclothed or in such costume, attire, or clothing as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered; or 2. Any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation or relation to the following specified sexual activities: (a) Human genitals in a state of sexual stimulation or arousal; (b) Acts of human masturbation, sexual intercourse or sodomy; (c) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast; or 3. Any exhibition, performance or dance which is intended to sexually stimulate any member of the public and which is conducted on a regular basis or as a substantial part of the premises activity. This includes, but is not limited to, any such exhibition, performance or dance performed for, arranged with or engaged in with fewer than all members of the public on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance and which is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing. W: \Word Processing \Ordinances \Title 5 housekeeping revisions strike -thru 10- 7- 11.doc JF- CW:bjs Page 16 of 22 M B. "Adult entertainment cabaret" means any premises open to the public in which there is at any time an exhibition or dance constituting "adult entertainment" as described in TMC Section 5.56.020.A, provided for the use or benefit of a member or members of the adult public, or advertised for the use or benefit of a member or members of the adult public; provided, that "adult entertainment cabaret" does not include any tavern or other business that maintains a liquor license. D "Employee" means any and all persons, including entertainers, who work in or at or render any services directly related to the operation of an adult entertainment cabaret. "Entertainer" means any person who performs any entertainment, exhibition or dance of any type within an adult entertainment cabaret, whether or not such person or anyone else charges or accepts a fee for such entertainment, exhibition, or dance. FE. "Entertainment" means any exhibition or dance of any type, pantomime, modeling or any other performance. C "QekFinance Director' means the City CleF Finance Director or his /her designee who is designated by the Mayor as licensing official under this chapter. G. "Manager" means any person licensed as a manager under this chapter. H. "Member of the public" means any customer, patron, club member, or person, other than an employee as defined in this section, who is invited or admitted to an adult cabaret. I. "Operator" means all persons who own, operate, direct, oversee, conduct, maintain, or effectively exert management control or authority over an adult entertainment cabaret or its affairs, without regard to whether such person(s) owns the premises in which the adult entertainment cabaret does business. An Operator "effectively exerts management control or authority" when he or she actually does, or is in a position to, participate in the management, direction or oversight of an adult entertainment cabaret or its affairs, whether or not such person's name appears on any public record filed with any government agency in connection with an adult entertainment establishment or any parent company or affiliate. An Operator's "parent company or affiliate" means any other person which owns 50% or more of any class of an operator's stock, or which effectively exerts management control or authority over an operator. J. "Performance area" means an area no larger than the area beginning six feet away from, and running parallel to, the front edge of a stage on which adult entertainment is permitted to occur, and which extends no deeper than the depth of that stage. K. "Person" means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons, however organized. W: \Word Processing \Ordinances \Title 5 housekeeping revisions strike -thru 10- 7- 11.doc JF- CW:bjs Page 17 of 22 65 Section 33. TMC Section 5.56.030, "Adult entertainment cabaret licenses," subparagraph F, Amended. Ordinance Nos. 1747 §1 (part) and 1490 §2 (part), as codified at TMC Section 5.56.030, subparagraph F, are hereby amended to read as follows: F. Renewals In order to obtain renewal of a current adult entertainment cabaret license for the next year, a license holder must file an application for renewal with the CleFkFinance Director. The renewal fee for each year is $500.00. Section 34. TMC Section 5.56.040, "Manager's licenses and entertainer's licenses," subparagraph F, Amended. Ordinance Nos. 1747 §1 (part), 1651 §1 and 1490 §2 (part), as codified at TMC Section 5.56.040, subparagraph F, are hereby amended to read as follows: F. Renewals In order to obtain renewal of a current manager's license or entertainer's license for the next year, a license holder must file an application for renewal with the GlerkFinance Director. The renewal fee for each year is $75.00. Section 35. TMC Section 5.56.050, "License applications," Amended. Ordinance Nos. 1747 §1 (part), 1604 §2 and 1490 §2 (part), as codified at TMC Section 5.56.050, are hereby amended to read as follows: A. Adult Entertainment Cabaret License Any application for an adult entertainment cabaret license or renewal thereof shall be submitted in the true name of the operator of the adult entertainment cabaret to which the application pertains. The true operator or his /her agent, under penalty of perjury, shall sign and notarize or certify that all of the operators as defined in TMC Section 5.56.020 are listed and all of the information provided is true and correct. Any change in ownership in the adult entertainment cabaret must be reported to the ClerkFinance Director within 20 days of such change(s). Each such application shall be submitted on a form supplied by the Gler-IEFinance Director. The form shall require the following information: 1. If the applicant is an individual or partnership, the names, home addresses, home telephone numbers, dates and places of birth, and social security numbers of all operator(s). If the applicant is a partnership, all such information must be provided for all general partners, 2. If the applicant is a corporation, the names, addresses, telephone numbers, and social security numbers of all operators, and of all corporate officers and directors. The same information shall be required from each parent company or affiliate; 3. The name, address, and telephone number of the adult entertainment cabaret; 4. The name, address and telephone number of the owner of the property on which the adult entertainment cabaret is located; 5. The names, addresses, and telephone numbers of all employees of the adult entertainment cabaret; W: \Word Processing \Ordinances \Title 5 housekeeping revisions strike -thru 10- 7- 11.doc JF- CW:bjs Page 18 of 22 6. A statement detailing whether the applicant or any operator, partner, corporate officer, director, or shareholder of 50% or more of any class of an operator's stock, holds any other licenses under this chapter or any similar adult entertainment or sexually oriented business ordinance, including motion picture theaters and panorams from the City or another city, county, or state, and if so, the names and addresses of each other licensed business and the jurisdiction(s) in which such businesses are located; and 7. A description of the sexually oriented adult entertainment business history of the applicant; whether such person or entity, in previously operating in this or another city, county or state, has had a business license or adult entertainment license revoked or suspended, the reason therefore, and the activity or occupation of the applicant subsequent to such action, suspension or revocation. B. Manager's License or Entertainer's License 1. Any application for a manager's license or entertainer's license, or any renewal thereof, shall be signed by the applicant and notarized or certified to be true under penalty of perjury. Each such application shall be submitted on a form supplied by the GlerkFinance Director. The form shall require a statement of the applicant's name, home address, home telephone number, date and place of birth, social security number, Washington State Unified Business Identifier (UBI) number. and the name, address and phone number of the adult entertainment cabaret or cabarets at which the applicant will work, and any stage names or nicknames used in entertaining. The form shall also require the applicant to disclose all prior criminal convictions, includinq the crime(s) convicted of, place, and the approximate date of each such conviction. 2. At the time of application or renewal, the applicant shall present picture identification which shall include (1) a valid motor vehicle operator's license, issued by the state of Washington, bearing the applicant's photograph and date of birth; or (2) a valid Washington state issued identification card bearing the applicant's photograph and date of birth. At the time of application or renewal and again b IU ly 'I and duly -14 every year, the applicant shall be photographed by the Glerk Tukwila Police Department er h designee the le*Finance Director's records and the Police Department's records. Failure te appear for a phetegraph between july 1 and july 14 on SUGhl ..fat ec ac a re preSGFibe) by +ho GleF c hall result in liGeRse 1 0 en unti the photograph is ebta!RecL C. Duty to Supplement Application In the event that any information on any application for a license under this chapter becomes outdated or otherwise inaccurate or incomplete, including but not limited to a change in the applicant's name, address, telephone number, or stage name, or substantial changes to an applicant's appearance, includinq but not limited to a chanqe in hair style and color, or facial or other features including tattoos, an applicant or license holder shall appear before the Gler-kFinance Director within 20 days and provide current information, including, when applicable, being photographed by the GlerkTukwila Police Department y r h to accurately reflect any change in looks when compared to the most recent photograph available under TMC Section 5.56.050.B. W: \Word Processing \Ordinances \Title 5 housekeeping revisions strike -thru 10- 7- 11.doc JF- CW:bjs Page 19 of 22 67 Section 36. TMC Section 5.56.060, "Issuance of licenses and renewals," Amended. Ordinance Nos. 1747 §1 (part), 1601 §1 and 1490 §2 (part), as codified at TMC Section 5.56.060, are hereby amended to read as follows: A. Upon receipt of any application for a license under this chapter, the ClerkFinance 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. Upon receipt of any complete application for a license, the Gferk 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. B. After an investigation, the Gle¢kFinance Director shall issue a license if the GlerkFinance 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 GterkFinance Director. In the event the applicant has not met the enumerated requirements, after the required investigations, the ClerkFinance 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 GterkFinance Director shall issue the renewal unless the Clerk 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 GterkFinance Director shall issue the renewal or notice of non renewal of the application. Notice of non renewal shall specify the reasons therefor. D. 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 GlerkFinance Director or the Tukwila Police Department during the adult entertainment cabaret's business hours. Section 37. TMC Section 5.56.090, "Revocation or suspension of licenses," Amended. Ordinance Nos. 1747 §1 (part) and 1490 §2 (part), as codified at TMC Section 5.56.090, are hereby amended to read as follows: A. The ClerkFinance Director may revoke any license under this chapter or may suspend any such license for a period of time not to exceed one year where one or more of the following conditions exist: W: \Word Processing \Ordinances \Title 5 housekeeping revisions strike -thru 10- 7- 11.doc JF- CW:bjs Page 20 of 22 i 1. The license was procured by fraud, by a materially false or misleading representation of fact in the application or in any report or record required to be filed with the Glerk Finance Director; or 2. 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 this chapter. B. Upon determination that grounds for revocation or suspension of a license exist, the GIerkFinance Director shall send the license holder a notice of revocation or suspension. Such notice shall be effective upon the expiration of the ten -day appeal period set forth in TMC Section 5.56.100.A, unless a timely notice of appeal is filed as specified therein. Section 38. TMC Section 5.60.070, "Enforcement," Amended. Ordinance No. 1918 §8, as codified at TMC Section 5.60.070, is hereby amended to read as follows: If the Chief of Police finds that any licensee has violated or failed to comply with any provisions of this chapter, he /she shall make a written record of such finding and shall specify therein the particulars; and will inform the Tukwila City GlerkFinance Director. Upon recommendation of the Chief of Police, the G y— C� Finance Director may revoke, suspend, or refuse to issue the City of Tukwila license for that business for a period not less than 90 days or not more than 1 year. This determination shall be made in consultation with the Police Chief and shall be based on the severity of the violation(s). Section 39. Repealer for Tukwila Municipal Code 5.32 "Trailer Parks." Ordinance Nos. 266, 358 (part), and 577 (part) are hereby repealed. Section 40. 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 41. 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. Section 42. 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. W: \Word Processing \Ordinances \Title 5 housekeeping revisions strike -thru 10- 7- 11.doc JF- CW:bjs Page 21 Of 22 W PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2011. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY Shelley M. Kerslake, City Attorney. Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: \Word Processing \Ordinances \Title 5 housekeeping revisions strike -thru 10- 7- 11.doc JF- CW:bjs Page 22 of 22 70 FINANCE AND SAFETY COMMITTEE Meeting Minutes October 18, 2011— 5: 00 p.m.; Conference Room #3 City of Tukwila Finance and Safety Committee PRESENT Councilmembers: Kathy Hougardy, Chair; Joan Hernandez and Dennis Robertson Staff: Peggy McCarthy, Jennifer Ferrer, Derek Speck, Mary Miotke, Stephanie Brown, Jack Pace, Mike Villa, Gail Labanara and Kimberly Matej Guests: Ellen Gengler, resident; and Scott Plack, Group Health Cooperative CALL TO ORDER: Chair Hougardy called the meeting to order at 5:03 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Business Licensine and Revenue Generatine Reeulatory License Fee Staff is seeking Council approval of the following items relative to Business Licensing and/or the Revenue Generating Regulatory License Fee: Ordinance: Business License Relating to Housekeevine Items Staff is seeking Council approval of an ordinance that will make housekeeping changes to the current Business License ordinance. Last year, the Finance Department assumed the responsibilities of business licensing from the City Clerk's Office. The proposed modifications are summarized below: Change all references from City Clerk designation to Finance Director and/or Department as appropriate. Remove section relative to Trailer Park Establishments as the Code is outdated and no longer needed. Other operational efficiencies including, but not limited to: requiring a UBI number and mirroring sections relative to cabarets for clarity and consistency. Committee Members were in agreement regarding the above proposed changes. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 24 COW FOR DISCUSSION. Ordinance: Combined Fee Business License Revenue Generating Regulatory Licensing (RGRL) Staff is seeking Council approval of an ordinance that implements a combined business license and RGRL fee of $67 per full -time equivalent (FTE). Per direction and requests given at the September 7, 2011, Finance Safety Committee meeting, staff has conducted public outreach regarding this proposed change including: a presentation at the Chamber, direct mail, utility billing inserts and information made available via the City website. Staff received 11 written comments from the above outlined outreach, with both negative and positive comments regarding the fee combination as well as general comments about the RGRL implementation. Implementation of a combined fee will benefit over 70% of Tukwila businesses which will be paying less than last year's total assessment for the business license and RGRL fees. In addition to assessing this $67 structured fee, which offers ease of application, uniformity and proportionality, staff is proposing the ordinance be amended to specifically exempt court interpreters from 71 72