HomeMy WebLinkAboutReg 2011-11-07 COMPLETE AGENDA PACKETTukwila City Council Agenda
REGULAR MEETING
Jim Haggerton, Mayor Councilmembers: -.*-Joe Duffie -.*-Joan Hernandez
David Cline, City Administrator Dennis Robertson Verna Seal
Allan Ekberg, Council President Kathy Hougardy De'Sean Quinn
Monday, November 7, 2011; 7:00 PM Ord #2353 Res #1749
1. CALL TO ORDER
PLEDGE OF ALLEGIANCE ROLL CALL
2. CITIZEN
At this time, you are invited to comment on items notincludedon this agenda
COMMENT
(please limit your comments to five minutes per citizen). To comment
on an item listedon this agenda, please save your comments until the issue is
presented for discussion.
3. CONSENT
a. Approval of Minutes: 10/17/11 (RegularMtg.); 10/24/11 (Special Mtg.)
AGENDA
b. Approval of Vouchers.
4. UNFINISHED
a. An ordinance repealing Ordinance No. 2332 and amending Ordinance No.
Pg.1
BUSINESS
2287 to modify the definition of Crisis Diversion Facilities.
b. Authorize the Mayor to sign an agreement with the Washington State
Pg.7
Department of Transportation for the Commute Trip Reduction Program in
the amount of $74,205.00 (financed through grant funds).
Please refer to 10124111 C. 0, W. agenda packet,
c. An ordinance revising the City limits to include a half street right -of -way for
Pg.9
53rd Avenue South that currently resides in unincorporated King County.
d. An ordinance amending various ordinances regarding business licenses and
Pg.17
regulations.
5. NEW BUSINESS
6. REPORTS
7. MISCELLANEOUS
e. An ordinance creating a simplified combined business license fee structure. Pg.41
f. A resolution authorizing the cancellation of outstanding General Fund claims Pg.51
and payroll checks, Municipal Court checks, Foster Golf checks, and
equipment rental claims checks.
g. An ordinance to fix the amount of compensation at the current level (2011) Pg.59
for Councilmembers through 2015.
a. Mayor
b. City Council
c. Staff
d. City Attorney
e. Intergovernmental
8. EXECUTIVE SESSION
9. ADJOURNMENT
Tukwila City Hall is wheelchair accessible.
Reasonable accommodations are available at public hearings with advance notice to the
City Clerk's Office (206- 433 -1800 or tukclerk @tukwilawa.gov). This notice is available at
www.tukwilawa.aov, and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio taped.
HOW TO TESTIFY
If you would like to address the Council, please go to the podium and state your name and address clearly for
the record. Please observe the basic rules of courtesy when speaking and limit your continents to five
minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on
continents received until they are referred to a Committee or discussed under New Business.
COUNCIL MEETINGS
No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given.
Regular Meetings The Mayor, elected by the people to a four -year term, presides at all Regular Council
Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the
form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular
Council meetings.
Committee of the Whole Meetings Council members are elected for a four -year term. The Council
President is elected by the Council members to preside at all Committee of the Whole meetings for a
one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m.
Issues discussed are forwarded to the Regular Council meeting for official action.
GENERAL INFORMATION
At each Council meeting citizens are given the opportunity to address the Council on items that are not
included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes.
Special Meetings may be called at any time with proper public notice. Procedures followed are the same as
those used in Regular Council meetings.
Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel
matters.
PUBLIC HEARINGS
Public Hearings are required by law before the Council can take action on matters affecting the public interest
such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the
Tukwila Municipal Code states the following guidelines for Public Hearings:
The proponent shall speak first and is allowed 15 minutes for a presentation.
2. The opponent is then allowed 15 minutes to make a presentation.
Each side is then allowed 5 minutes for rebuttal.
4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second
time until everyone wishing to speak has spoken.
5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the
question, but may not engage in further debate at this time.
6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss
the issue among themselves, or defer the discussion to a future Council meeting, without further public
testimony. Council action may only be taken during Regular or Special Meetings.
COUNCIL AGENDA
SYNOPSIS
Iaitialr
ITEM NO.
Aleetiri� Date Prepared by I Mayor's review I Ca rczl review
10/24/11 1 BJM 1 0 C
4.A.
11/07/11 BJM
ITEM INFORMATION
�C>>SNUN:IBr.R: STArr SPONSOR: BRANDON MILES 0RIGINAL Ac-L:NDADA'1'1 10/24/11
A(;kNDA i'ri ;lm Ti An Ordinance Repealing Ordinance No. 2332 regarding Crisis Diversion Facilities.
CA')'1r,GORY .DiSCUS.4011 Motion Resolution Ordinance .BidAward Public Hearirag Otber
1 Ltd Date 10124111 A1tg Date Alt
Dale Alt
,g Date 11/7/11 l7tg Date 12tg Date 10124111 112tg Date
SPONSO Council 114ayor HR X❑ DCD .Finance .Fire IT P &RE] Police .PIE
SPONSOR'S On May, 2, 2011, the City Council declared an emergency and adopted Ordinance No. 2332
S I I IiiY in order to respond to a decision by the Central Puget Sound Growth Management Hearing
Board, which invalidated Ordinance No. 2287. Since the Council adopted Ordinance No.
2332, King County Superior Court reversed the Board's decision regarding Ordinance No.
2287. As a result of the Court's decision, Ordinance 2287 remains in effect. The Council is
being asked to conduct the public hearing and repeal Ordinance No. 2332 on 11/7/11.
RI? D BY cow Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
D,�T'E: OCTOBER 10, 2011 COMMITTEE CHAIR: S EAL
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development
CM /fmI'1 '1'rr. Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
l:\I'I�;NDI "I umI RI ?c>UIRID AMOUNT BUDGETED APPROPRIATION REQUIRED
$N /A $N /A $N /A
hmd Source: N/A
Colninenb;. N/A
I MTG. DATE I RECORD OF COUNCIL ACTION
10/24/11 Forward to next Regular meeting.
MTG. DATE
10/24/11
1 11/7/11
ATTACHMENTS
Informational Memorandum dated 9/30/11
Draft Ordinance
Minutes from the Community Affairs and Parks Committee meeting of 10/10/11
Ordinance in final form.
1
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Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2332;
AMENDING ORDINANCE NO. 2287, AS CODIFIED IN TUKWILA
MUNICIPAL CODE CHAPTER 18.06, TO MODIFY THE DEFINITION
OF CRISIS DIVERSION FACILITIES; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on May, 17, 2010, following considerable public input and a
recommendation from the City's Planning Commission, the Tukwila City Council
adopted Ordinance No. 2287, which provided definitions of Diversion Facilities and
Diversion Interim Services Facilities and permitted such uses within portions of the
Commercial /Light Industrial zone; and
WHEREAS, Ordinance No. 2287 became effective on May 25, 2010; and
WHEREAS, on January 4, 2011, the Central Puget Sound Growth Management
Hearings Board "the Board invalidated Ordinance No. 2287 based on the Board's
belief that the ordinance did not comply with the Washington State Growth Management
Act; and
WHEREAS, the City promptly filed an appeal of the Board's decision to King
County Superior Court seeking review under the Administrative Procedures Act; and
WHEREAS, while the City's appeal of the Board's order was pending and in order
to respond to the Board's order of invalidity, the City Council adopted Ordinance No.
2332, which expanded the geographical area for Diversion and Diversion Interim
Services Facilities; and
WHEREAS, in order to meet the compliance date specified by the Board the City
was forced to declare an emergency and adopted the ordinance without the level of
public participation and outreach typically provided such issues; and
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WHEREAS, on Friday, September 16, 2011, the Honorable Judge Jay White
considered the City's appeal of the Board's decision and found that the Board engaged
in an unlawful procedure and the Board's decision was an erroneous interpretation
and /or application of law and was not supported by substantial evidence, and Judge
White reversed the Board's decision in its entirety, including its finding of invalidity, and
WHEREAS, as a result of the decision by King County Superior Court, Ordinance
No. 2287 remains a valid ordinance and Ordinance No. 2332 is not necessary to comply
with the Growth Management Act; and
WHEREAS, as part of the adoption of Ordinance No. 2332, the City Council was
briefed regarding changes to State law with respect to Diversion Facilities and the
Council used the adoption of Ordinance No. 2332 as an opportunity to amend and
update the definition of Diversion Facilities;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Repealer. Ordinance No. 2332, adopted by the City Council on May 2,
2011, is hereby repealed in its entirety.
Section 2. Definition Amended. Ordinance No. 2287 §1, as codified in Tukwila
Municipal Code Chapter 18.06, is amended to read as follows:
"Diversion facility" is a facility that provides community crisis services, which diverts
people from jails, hospitals or other treatment options due to mental illness or chemical
dependency, including those facilities that are considered "Triage facilities" under RCW
71.05.020 (43) and those facilities licensed as crisis stabilization units by the State of
Washington.
Section 3. 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 4. 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 5. 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.
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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:
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COUNCIL AGENDA
SYNOPSIS
Initials
ITEM NO.
Meeting Date Prepared by Mayor's review Cpa, ski! review
10/24/11 JP DG$
4.B.
11/07/11 JP o C
ITEM INFORMATION
GA NUT-r►ir-:R: SrArr SPONSOR: JACK PACE OIUGINAI_AGENDA Dn'rr:: 10/24/11
AGI?ND,\ ITHiM Trrl.r Transportation Demand Management Implementation Agreement with WSDOT.
(Commute Trip Reduction Program)
G\TI?GORY Discussion 117otion Resolution Ordinance ❑BidA)Pard Public.Hearing Otber
Mtg Date 10124111 Mtg Date 11/7/11 Mt
g Date 14tg Date Mtg Date Aft,, Date Ali g Date
1 S1 S()1z Council Mayor HR DCD Finance Fire IT P &R Police PIF
SPONSOR'S Review and approve WSDOT Transportation Demand Management Implementation
Su�I�a;�RY Agreement for 2011 -2013 to provide funds for Commute Trip Reduction program
Ri�VIL BY cowMtg. CA &P Cmte F &S Cmte Transportation Cmte
utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 10/17/11 COMMITTEE CHAIR: HERNANDEZ
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development
Commi,rrEI? Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXI'1iNDl'CURF, RI- �oUIRI?D AMOUNT BUDGETED APPROPRIATION REQUIRED
$none $none $none
'Fund Source: N/A
Co,n rents: no genera/ fund impact
MTG. DATE
10/24/11
11/07/11
MTG. DATE
10/24/11
11/7/11
RECORD OF COUNCIL ACTION
Forward to next Regular Meeting
ATTACHMENTS
Informational Memorandum dated 10/14/11
Agreement
Minutes from the Transportation Committee dated 10/17/11
No attachments
7
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COUNCIL AGENDA SYNOPSIS
CAS NUMBER:
Initials
Meeting Date Prepared by 0 1 Mayor's review
10/24/11 BG Q�
11/07/11 i BG
ITEM INFORMATION
STAFF SPONSOR: BOB GIBERSON
Council review
I TEM NO.
4.C.
ORIGINAL AGENDA DATE: 10/24/11
AGENDA ITEM TITLE Ordinance to Revise City of Tukwila's Corporate Boundary
at 53 Avenue South from South 170 Street to South 172 Lane
CATEGORY Discussion Motion Resolution Ordinance Bid Award ❑Public Hearing Other
Mtg Date 10124111 Mtg Date Mtg Date Mtg Date 11/07/11 Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor HR DCD Finance Fire IT P&R Police PWI
SPONSOR'S King County is working to incorporate small islands of unincorporated areas that are
SUMMARY adjoining incorporated cities. Between Tukwila and SeaTac, there is a small unincorporated
area on the westerly half of the 53 Ave S right -of way between S 170 and S 172" Ln.
King County, SeaTac, and Tukwila agreed that the entire street would be better served by
Tukwila. Council is being asked to approve the Ordinance revising the City of Tukwila's
corporate boundary and incorporate all of 53` Ave S into Tukwila.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 10/17/11 COMMITTEE CHAIR: JOAN HERNANDEZ
RECOMMENDATIONS:
SPONSOR/ADMIN. Public Works
COMMITTEE Forward to Committee of the Whole.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE 1 RECORD OF COUNCIL ACTION
10/24/11 Forward to next Reqular Meetinq
11/07/11
MTG. DATE 1 ATTACHMENTS
10/24/11 Informational Memorandum dated 10/14/11
Draft Ordinance with Exhibits A and B
Minutes from the Transportation Committee meeting of 10/17/11
11/07/11 Ordinance in final form
X]
W
TukW1
Washington
Ordinance Igo.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REVISING THE CITY LIMITS TO
INCLUDE A HALF STREET RIGHT -OF -WAY FOR 53 AVENUE
SOUTH THAT CURRENTLY RESIDES IN UNINCORPORATED
KING COUNTY; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila's corporate boundary currently extends along the
centerline of the right -of -way of 53 Avenue South between South 170 Street and
South 172 Lane; and
WHEREAS, the City of Tukwila's corporate boundary currently includes the easterly
half of the right -of -way for 53r Avenue South between South 170 Street and South 172
Lane within Tukwila's current city limits; and
WHEREAS, the westerly half of the right -of -way for 53 Avenue South between
South 170 Street and, South 172n Lane currently resides within unincorporated King
County; and
WHEREAS, it is in the City of Tukwila's, King County's, and the adjacent property
owners' best interest to have this right -of -way exist wholly within the boundary of one
jurisdiction for the administration of construction projects, maintenance, and permitting;
and
WHEREAS, RCW 35.21.790 allows a revision of corporate boundaries within a
public street, road, or highway by substitution of a right -of -way line so as to fully include
the right -of -way within one particular jurisdiction; and
WHEREAS, a revision of corporate boundaries to include all of 53 Avenue South
between South 170 Street and South 172 Lane within the City of Tukwila is the
preferred solution to unify the right -of -way for 53 Avenue South within one jurisdiction;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
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Section 1. Revision of Corporate Boundaries. Upon approval of a similar
ordinance or resolution by the Metropolitan King County Council, the corporate
boundaries of the City of Tukwila are and shall be revised to include all of the right -of-
way for 53 Avenue South in King County, Washington, between South 170 Street
and South 172 Lane, along with that portion of 53 Avenue South at the intersection
with South 170 Street, and excluding that portion of 53 Avenue South that resides
within the right -of -way owned by the Washington State Department of Transportation.
The revised right -of -way, all of which is now included within the corporate boundaries of
the City of Tukwila, is legally described on the attached Exhibit "A" and depicted on the
map attached hereto as Exhibit "B both of which exhibits are incorporated herein by
this reference as if set forth in full.
Section 2. 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 3. 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 4. 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 2011.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk Jim Haggerton, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Shelley M. Kerslake, City Attorney Ordinance Number:
Attachments: Exhibit A, Legal Description
Exhibit B, Revised Corporate Boundary (map)
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EXHIBIT "A"
Legal Description:
That portion of the Southwest quarter of Section 26, Township 23 North, Range 4 E.
Willamette Meridian; lying Westerly of the City of Tukwila corporate limits as
established by the City of Tukwila Ordinance 247, also being the centerline of 53
Avenue South; Easterly of the City of SeaTac corporate limits as established by the City
of SeaTac Ordinance 8820, also being the westerly right -of -way margin of 53 Avenue
South; Northerly of the City of Tukwila corporate limits as established by the City of
Tukwila Ordinance 314; Southerly of the City of Tukwila corporate limits as established
by the City of Tukwila Ordinance 1205.
13
14
Exhibit "B"
Revised Corporate Boundary
15
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CO UNCIL AGENDA SYNOPSIS
Initials ITEM NO.
Meeting Date Prepared by Mayor's review Cox u rMieiv
10/24/11 JFS SJC-j�
11/07/11 JFS (Q 4. D.
ITEM INFORMATION
CAS NutiiHraz: STAFF SPONSOR: JENNIFER F SANTA INES ORIGINAI.AGrNDA DA'1'[;: 10/24/11
AGi; ;NDA ITr,;VI TITLI'l 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
C,A I I ?GORY Discussim Motion Resolution Ordinance .BidAward Public.Hearing Otber
AP ,g Date 10/24/11 A /Itg Date Altg Date Mtg Date 11/7/11 Alto Date Ali Date MIS Date
SPONSOR Council Mayor HR DCD Finance El Fire IT P6 ❑Police PWI
SPONSOWS 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?vll ?D 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 /ADNIIN. Finance Department
CONIm "I"TIT' Unanimous Approval; Forward Committee of the Whole
COST IMPACT FUND SOURCE
EXP1 ?ND.ITURF? RI3QUIRI-D AMOUNT BUDGETED APPROPRIATION REQUIRED
$0
Fund Source:
Connnews:
MTG. DATE I RECORD OF COUNCIL ACTION
10/24/11 I Forward to next Reqular Meetinq
MTG.DATEj ATTACHMENTS
10/24/11 Informational Memorandum dated 10/12/11
Draft Ordinance
Minutes from the Finance and Safety Committee Meeting of 10/18/11
11/7/11 10rdinance in final form
17
I:
ulty 0i iukwi
Washington
Ordinance No.
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. 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:
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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
Finance Director prior to expiration of the current license. The renewal fee for each
year is $75.00.
Section 3. TINIC Section 5.08.050, "License application procedure," Amended.
Ordinance No. 1586 §2 (part), as codified at TNIC 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 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 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 Tukwila
Police Department shall photograph each applicant for the Finance Director's records.
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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 Finance Director in writing and
provide current information.
D. 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. 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 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
Finance Director. In all events, the 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 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 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.
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B. Upon determination that grounds for revocation or suspension of a license
exist, the 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 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 Finance Director, pending
the decision of the hearing body.
C. The decision of the hearing body on an appeal from a decision of the 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. Finance Director" means the 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.
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C. The license fee for an adult cabaret license is $300.00.
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 Finance Department. The
renewal fee for each year is $300.00.
Section 9. TIVIC 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 Finance Director within 20 days
of such change(s). Each such application shall be submitted on a form supplied by the
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
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
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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 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, 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, 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 the applicant shall be photographed
by the Tukwila Police Department for the Finance Director's records and the Police
Department's records.
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, including but not limited to a change in hair style and color, or facial or
other features including tattoos, an applicant or license holder shall appear before the
Finance Director within 20 days and provide current information, including, when
applicable, being photographed by the Tukwila Police Department 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 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
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 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.
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B. After an investigation, but prior to the expiration of the temporary license, 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 5.10.060.13. As necessary, the 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 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 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 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 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.
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 Finance Director shall send the license holder a notice of revocation or
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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. TIVIC 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 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 Finance Director.
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 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.
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 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 Finance Director.
2. Fraud, misrepresentation or false statements made in the course of
carrying on the business as a peddler.
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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 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
Finance Director shall be instructed to issue a license without charging a fee.
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 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 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.
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Section 17. TIVIC 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 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 Finance Director in the
event of change or cancellation.
Section 18. TIVIC Section 5.44.060, "License Fee," Amended. Ordinance No.
1482 §1 (part), as codified at TIVIC Section 5.44.060, is hereby amended to read as
follows:
Every applicant shall produce a current Washington tow truck operator registration.
Upon proper authorization by the City Council, the 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. TIVIC Section 5.48.030, "License fees," Amended. Ordinance No.
1273 §3, as codified at TIVIC 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.
M
B. The amusement device fee shall be $50.00 per machine per annum. Such fee
shall be payable annually.
Section 20. TIVIC Section 5.48.040, "Issuance of license," Amended.
Ordinance No. 1273 §4, as codified at TIVIC 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.
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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. 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 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.
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 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. "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 Finance 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.
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Section 24. TIVIC Section 5.52.030, "Panoram device license required,"
subparagraph D, Amended. Ordinance No. 1475 §1 (part), as codified at TIVIC
Section 5.52.030, subparagraph D, is hereby amended to read as follows:
D. The Finance Director shall prescribe the form of such license and number the
same.
Section 25. TIVIC Section 5.52.040, Ranoram operator's license required,"
Amended. Ordinance No. 1475 §1 (part), as codified at TIVIC 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 Finance Director shall prescribe the form
of such license and shall number the same.
Section 26. TIVIC Section 5.52.050, "License fee Terms Assignment
Renewal," subparagraphs D and E, Amended. Ordinance No. 1475 §1 (part), as
codified at TIVIC Section 5.52.050, subparagraphs D and E, is hereby amended to read
as follows:
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, 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 TIVIC 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 TIVIC 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 Finance Director shall promptly mail written notice of such revocation to
such licensee.
Section 27. TIVIC Section 5.52.060, "License application Report by City
departments," subparagraph A, Amended. Ordinance No. 1475 §1 (part), as
codified at TIVIC 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 Finance Director on a
form provided by the Finance Director for that purpose. The Finance 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 Finance 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.
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Section 28. TIVIC Section 5.52.080, "Issuance of licenses," Amended.
Ordinance No. 1475 §1 (part), as codified at TIVIC Section 5.52.080, is hereby amended
to read as follows:
A. Within 30 days of the date of filing of any application, the Finance Director shall
issue the license or licenses applied for or renewal thereof, or notice of non issuance
and the reasons therefor.
B. The Finance Director shall issue the license or licenses applied for if and only
if, after an investigation, the Finance 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 Finance Director.
C. The Finance Director shall renew a license upon application unless the
Finance Director is aware of facts that would disqualify the applicants from holding the
license for which they seek renewal.
Section 29. TIVIC Section 5.52.090, "Suspension or revocation of licenses
Notices Summary suspension," Amended. Ordinance No. 1475 §1 (part), as
codified at TIVIC 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 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 Finance
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 Finance Director finds that any condition set forth in TIVIC Section
5.52.090.A exists, and that such condition constitutes a threat of immediate serious
injury or damage to persons or property, the Finance Director may immediately
suspend any license issued under this chapter pending a hearing in accordance with
TIVIC Section 5.52.100. The Finance Director shall issue notice setting forth the basis
for the Finance Director's action and the facts supporting the Finance Director's finding
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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 Finance 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
briefs. The filing of such appeal shall stay the action of the Finance 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
5.52.090.13, 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 Finance Director.
D. The decision of the hearing body on an appeal from a decision of the Finance
Director shall be based upon a preponderance of the evidence. The burden of proof
shall be on the Finance 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 Finance 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.
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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:
"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
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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.
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.
C. "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.
D. "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.
E. "Entertainment" means any exhibition or dance of any type, pantomime,
modeling or any other performance.
F. "Finance Director" means the City 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.
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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.
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
Finance 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 Finance 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 Finance Director within 20 days of such
change(s). Each such application shall be submitted on a form supplied by the Finance
Director. The form shall require the following information:
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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;
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
36
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 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, 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, including 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 the applicant shall be
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photographed by the Tukwila Police Department for the Finance Director's records and
the Police Department's records.
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, including but not limited to a change in hair style and color, or facial or
other features including tattoos, an applicant or license holder shall appear before the
Finance Director within 20 days and provide current information, including, when
applicable, being photographed by the Tukwila Police Department to accurately reflect
any change in looks when compared to the most recent photograph available under
TMC Section 5.56.050.B.
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 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
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.
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 shall specify
the reasons therefor.
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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 Finance Director or the Tukwila
Police Department during the adult entertainment cabaret's business hours.
Section 37. TIVIC 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 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 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 Finance 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 Finance Director. Upon
recommendation of the Chief of Police, the 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.
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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.
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:
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.s
COUNCIL AGENDA SYNOPSIS
Meefhi g Date
10/24/11
11/07/11
i
i
-Initials
Prepared by Mayor's review
JFS
JFS/�1�.
Council review
EAi
ITEM NO.
4.E.
ITEM INFORMATION
CAS NUNIBF.R: STAFF SPONSOR: JENNIFER F SANTA INES 10/24/11
A(;P "NDA ITr." Trrr,r; An ordinance establishing a Combined Business License Fee of $67.00 per full -time
equivalent (FTE) employee
C \'1v( ;OItY Discussion Motion Resolution Ordinance .Bid Award Public.Hearzng ❑Other
Dltg Date 10124111 jA41S Date Pltg Date Altg Date 11/07/11 tl7tg Date tlZtg Date Mtg Date
SP( )NSOR Council Mayor HR DCD Finance .Fire IT P &R Police PW
SPONSOR'S A combined business license and RGRL Fee is a simplified fee structure that is easier to
SUMMARY understand and will facilitate the completion of renewal and application forms with one
fee calculation. This proposal is revenue neutral to the City.
RI I1 'I ,1) B1' cow Mtg. CA &P Cmte F &S Cmte 'Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 10/18/11 COMMITTEE CI-1AIR: HOUGARDY
RECOMMENDATIONS:
SPONSOR /ADMIN. Finance Department
Ccmr\41171" Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
Exi+,NDJTURV Rl AMOUNT BUDGETED APPROPRIATION REQUIRED
$0
Fund Source:
COmrnents: This proposal is revenue neutral for the City.
I MTG. DATEI RECORD OF COUNCIL ACTION
10/24/11 Forward to next Reqular Meetinq
MTG. DATE I ATTACHMENTS
10/24/11 I Informational Memorandum dated 10/19/11 (revised after FS meeting)
Informational Memorandum dated 10/1/11
Business License and RGRL Fee Analysis Spreadsheet
Summary of Community Responses
Draft Ordinance
Draft copies of business licensing forms
Minutes from the Finance and Safety Committee meeting of 10/18/11
11/07/11 Ordinance in final form
41
42
ulty Of i t I
a: Y o t
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NOS. 2333 AND 2315, AS
CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) CHAPTER 5.04,
"LICENSES GENERALLY," TO REVISE AND MOVE PARTS OF TMC
CHAPTER 5.62 INTO CHAPTER 5.04 TO CREATE A SIMPLIFIED
COMBINED BUSINESS LICENSE FEE STRUCTURE, AND TO EXEMPT
QUALIFIED COURT INTERPRETERS FROM THE COMBINED
BUSINESS LICENSE FEE; REPEALING ORDINANCE NO. 2297 AND
ORDINANCE NO. 2333 §10, §11 AND §12, THEREBY ELIMINATING
TMC CHAPTER 5.62; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council desires to simplify the business license fee structure
to eliminate the need to calculate two different fees; and
WHEREAS, the City Council supports a combined business license fee to facilitate
the completion and processing of business license applications and renewals; and
WHEREAS, the current business license ordinances separate the business license
section and the Revenue Generating Regulatory License section into two different
chapters and they should now be combined within TMC Chapter 5.04; and
WHEREAS, the City Council desires to exempt qualified court interpreters from
both the business license fee and the Revenue Generating Regulatory License (RGRL)
fee;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Section 5.04.010, "Definitions," Amended. Ordinance Nos.
2333 §1 and 2315 §1 (part), as codified at TMC Section 5.04.010, are hereby amended
to add the following definitions:
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
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calendar year divided by 1,920 (the work hour figure used by the Washington
Department of Labor and Industries), not to exceed one.
11. "Employee" means and includes each of the following persons who are not
required by the City to have his /her /its own separate City of Tukwila business license:
a. Any person who is on the business's payroll, and includes all full -time,
part-time, and temporary employees or workers; and
b. Self- employed persons, sole proprietors, owners, officers, managers,
and partners; and
c. Any other person who performs work, services or labor at the
business, including an independent contractor who may be exempt from requirements
to have a separate City of Tukwila business license
Section 2. TMC Section 5.04.020, "Application and Fees Required," Amended.
Ordinance Nos. 2333 §3 and 2315 §1 (part), as codified at TMC Section 5.04.020, are
hereby amended to read as follows:
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 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 chapter 5.06.
B. Fee General. The application must be accompanied by payment for the
amount of the license fee. The license fee for the annual license issued under this
chapter shall be $67.00 per full -time equivalent (FTE) employee, consisting of a $12.00
per FTE business license fee plus a $55.00 per FTE Revenue Generating Regulatory
License (RGRL) fee. The annual license fee shall be calculated by multiplying the
number of full -time equivalent employees that worked in Tukwila during the previous
calendar year by the license fee. For owners of residential rental properties, the annual
license fee shall be calculated by multiplying the number of full -time equivalent
employees that worked in Tukwila during the previous calendar year by the RGRL fee;
the annual fee shall include a license fee as set forth in TMC Chapter 5.06. It will be the
responsibility of the business or residential rental property owner to determine the total
number of FTE employees and, if required, demonstrate -to the satisfaction of the
Finance Director or his /her designee that the calculation is accurate. Employers without
a full year of operating history shall estimate the number of FTE employees that will be
employed in a 12 -month period.
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C. Minimum Fee. There shall be a minimum fee for an annual license of $67.00,
consisting of a $12.00 business license fee and a $55.00 RGRL fee, except if the
business qualifies for a temporary business license in accordance with TMC Section
5.04.010 or is an entity defined in TMC Section 5.04.090.
1. A business with less than $12,000.00 of annual gross receipts shall pay the
minimum license fee. A residential rental property with less than $12,000.00 of annual
gross receipts shall be exempt from the RGRL fee, but shall be subject to the license
fee requirements set forth in TMC Section 5.06.040.
2. An entity engaging in some activities or functions that are exempt from the
combined business license fee and some that are not exempt shall pay a license fee
based on the number of full -time equivalent employees involved in the functions or
activities that are not exempt.
3. An individual person operating more than one business as sole
proprietorship or owning more than one residential rental property within the corporate
limits of the City shall pay only one RGRL fee, at an amount equal to the highest RGRL
fee for any one of the multiple businesses, if not otherwise exempt from paying the
license fee pursuant to this chapter. TMC Section 5.04.020.C.3 shall not apply if any
one of the businesses or properties owned by the sole proprietor has three or more full
time equivalent employees.
4. If a business has more than one location in Tukwila, the license fee
calculation shall include at least the minimum fee for each location.
5. The 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
license fee by the number of FTE employees working within the City, but in no event
shall the license fee be less than the minimum license fee set forth in this chapter. If the
number of FTE employees is not known at the time of renewal, the business shall
estimate the maximum number of FTE employees they anticipate working in Tukwila for
the 12 -month period subject to licensure.
6. Businesses doing business in the City that have no employees physically
working within the City shall pay the minimum fee required under this chapter.
7. Businesses employing fewer than 10 employees and that are eligible for a
temporary business license, pursuant to TMC Section 5.04.010, shall be exempt from
payment of a license fee.
D. New Businesses. The 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 license year, the City determines the actual number of employees is
significantly different than estimated, the amount of the license fee will be recalculated
for the new business. If the revised annual license fee is higher, the business must pay
the difference within thirty days after notification is sent by the City.
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E. Over- Reporting Number of Employees. A business may request that the
City refund the license fee overpaid on the basis that the business miscounted the
number of FTE employees by an error factor of more than 15 The request must be in
writing 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 licensee paid an excess business license fee, the City will refund the
excess license fee paid by the licensee.
F. Under- Reporting of Employees. If the City determines the number of
employees was under reported at the time of application or renewal by an error factor of
more than 15 the business shall pay the balance of the applicable 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 or in collecting the additional amounts. The Finance
Director shall mail written notice of the amount to be paid and the business shall pay
said amount to the City within 30 days of the date written notice is mailed by the City. If
the City does not receive timely payment, an additional penalty shall be added, applying
the schedule for late payments in this chapter.
G. Payment by Draft or Check. Payment made by draft or check shall not be
deemed a payment of the 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 fee unless and until the check or draft is honored.
Any person who submits a 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 5.04.040, "Prorating fee," Amended. Ordinance Nos.
2333 §4 and 2315 §1 (part), as codified at TMC Section 5.04.040, are hereby amended
to read as follows:
The license fee set forth in this chapter shall be for the calendar year, and each
person engaged in business must pay the full license fee for the current year. License
fees are non refundable, regardless of whether the business operates for the entire
calendar year, or whether the business license is denied, revoked, withdrawn or
suspended with cause.
Section 4. TMC Section 5.04.050, "Fee for late acquisition or renewal,"
Amended. Ordinance Nos. 2333 §5 and 2315 §1 (part), as codified at TMC Section
5.04.050, are hereby amended to read as follows:
A. Monetary Penalty. Failure to pay the license fee within 30 days after the day
on which it is due and payable pursuant to TMC Section 5.04.020 shall render the
business subject to a penalty of 5% of the amount of license fee for the first month of
the delinquency and an additional penalty of 5% for each succeeding month of
delinquency, but not exceeding a total penalty of 25% of the amount of such license fee,
plus any accounting, legal or administrative expenses incurred by the City. No business
W: Word Processing \Ordinances \Business lic -RGRL Combined Rate Fee Structure final 10 -28 -11
46 JF:bjs Page 4 of 7
license for the current period shall be granted until the 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 Director or his /her designee determines that the late
payment was the result of excusable neglect or extreme hardship.
B. Collection. 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.
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 fail to comply with any of the
provisions of this chapter. Notice of such revocation shall be mailed to the license
holder by the Finance Director, and on and after the date thereof any such business 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 of not less than $50.00 to reinstate any business
license revoked through nonpayment of the business license fee.
Section 5. TMC Section 5.04.070, "Change in nature of business," Amended.
Ordinance Nos. 2333 §6 and 2315 §1 (part), as codified at TMC Section 5.04.070, are
hereby amended to read as follows:
The license granted in pursuance hereof shall be used to conduct the business or
type of business at the designated address for which such license is issued. Any
change in the nature of the business, a change in the Unified Business Identifier issued
by the Washington State Department of Licensing, a change in the physical location of
the business, or a change in ownership of the business shall necessitate a renewed
application to the Finance Department. A change in the nature of business or a change
in ownership will also require payment of the applicable license fee.
Section 6. TMC Section 5.04.090, "Exemption," Amended. Ordinance Nos.
2333 §7 and 2315 §1 (part), as codified at TMC Section 5.04.090, are hereby amended
to read as follows:
A. Exemptions. The following entities may claim an exemption from the
combined business license fee, but if exempt under this subsection such entities shall
still register under this chapter:
1. Certain Organizations Exempt from Federal Income Tax. An
organization that files with the city a copy of its current IRS 501(c)(3) exemption
certificate issued by the Internal Revenue Service.
2. A governmental entity that engages solely in the exercise of governmental
functions. Activities that are not exclusively governmental, such as some of the
activities of a hospital or medical clinic, are not exempt under this chapter.
W: Word Processing \Ordinances \Business lic -RGRL Combined Rate Fee Structure final 10 -28 -11
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47
3. A nonprofit business operated exclusively for a religious purpose, upon
furnishing proof to the Finance Director of its nonprofit status. For the purposes of this
chapter, the activities that are not part of the core religious functions are not exempt.
4. Civic groups, service clubs, and social organizations that are not engaged
in any profession, trade, or occupation, but are organized to provide civic, service, or
social activities in the City.
a. Examples of such organizations include but are not limited to:
Soroptomists, Kiwanis, Lions' Rotary, American Legion, children's and adults' athletic
leagues and similar types of groups, clubs or organizations.
5. Court interpreters who provide an oral translation between speakers who
speak different languages, and who are either a certified interpreter, qualified
interpreter, or registered interpreter, and who make less than $12,000 in gross annual
revenue in Tukwila, Washington. Certified, qualified and registered interpreters are
defined as follows:
a. "Certified interpreter" means an interpreter who is certified by the
administrative office of the courts.
b. "Qualified interpreter" means a person who is readily able to interpret
or translate spoken and written English for non English- speaking persons and to
interpret or translate oral or written statements of non English- speaking persons into
spoken English.
c. "Registered interpreter" means an interpreter who is registered by the
administrative office of the courts.
B. Nothing in this chapter shall be construed to require a license for any farmer,
gardener, or other person to sell, deliver or peddle any fruits, vegetables, berries, butter,
eggs, fish, milk, poultry, meats or any farm produce or edibles raised, caught, produced
or manufactured by such person in any place within the State.
Section 7. Repealer. Ordinance Nos. 2297 and 2333 §10, §11 and §12, as
codified in TMC Chapter 5.62, are hereby repealed, thereby eliminating TMC Chapter
5.62.
Section 8. 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 9. 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.
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48 JF:bjs Page 6 of 7
Section 10. 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 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:
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i
50
COUNCIL AGENDA SYNOPSIS
ITEM NO.
CAS NuMBFI
C.\ rjl'(;om" ®Dzrc'us, on
Meetu g Date Prepared by Mayor's review
Council
10/24/11 PM 0CV
41.
11/07/11 I PM
�/c
ITEM INFORMATION
STAFF SPONSOR: PEGGY MCCARTHY ORIGINAI.A(;] 10/24/11
A resolution authorizing the cancellation of abandoned or unclaimed property for
2011.
Altg Date 10124111
Motion
A4tg Date
Resolution Ordinance ❑Bid Award Public Hearing ❑Other
A2tg Date 11/07/11 Mtg Date Mtg Date A41g Date Altg Date
SPONSOIR Council Mayor Adm Svcs DCD Finance .Fire Legal P &R Police PIY/
SPONSOR'S The resolution authorizes the cancellation of abandoned funds (unclaimed property). The
SUN,IM: \RY unclaimed property will be reported and remitted to the Department of Revenue (DOR)
Unclaimed Property Section, and made available to the responsible party through the
State. This is an annual process authorizing remittance of unclaimed property to the State.
The Council is being asked to approve the resolution for cancellation of unclaimed
oronerty.
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 /Ai).wN. Finance Department
CO M,NH IT'IF Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EtPI?NDITURI RI?oUIRhll AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Connrnents:
MTG.DATEI RECORD OF COUNCIL ACTION
10/24/11 I Forward to next Regular Meeting
I MTG.DATEI ATTACHMENTS
10/24/11 Informational Memorandum dated 10/05/11
Resolution in Draft Form
Attachment A DOR Unclaimed Property Reporting
2011 Unclaimed Property Summary Detail Report
Minutes from Finance and Safety Committee meeting of 10/18/11
11/07/11 Resolution in final form
51
52
C 1 0 ty of Tuk W-i'
Washington I
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AUTHORIZING THE CANCELLATION
OF OUTSTANDING GENERAL FUND CLAIMS AND PAYROLL
CHECKS, MUNICIPAL COURT CHECKS, 411 FUND FOSTER
GOLF PAYROLL CHECKS, AND 501 FUND EQUIPMENT
RENTAL CLAIMS CHECKS.
WHEREAS, the State of Washington, Department of Revenue Unclaimed Property
Section, for the reporting and remittance year 2011, requires a one -year dormancy
period for outstanding claims and payroll checks issued from the General Government,
411 Foster Golf and 501 Equipment Rental Funds, and a two -year dormancy period for
municipal court checks; and
WHEREAS, the City of Tukwila Finance Department has made all reasonable
attempts to resolve the outstanding, unredeemed General Fund, 411 Fund and 501
Fund claims and payroll checks, and municipal court checks; and
WHEREAS, the City Council of the City of Tukwila wishes to cancel all outstanding,
unclaimed General Fund, 411 Fund, and 501 Fund claims and payroll checks issued
prior to July 1, 2010, and municipal court checks issued prior to July 1, 2009;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
The Tukwila City Council authorizes the cancellation of General Fund, 411 Fund
and 501 Fund claims and payroll checks, and municipal court checks, as detailed on
Attachment A and the 2011 Unclaimed Property Summary Detail Report.
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Page 1 of 2
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53
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
Allan Ekberg, Council President
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Attachment A: WA State Department of Revenue 2011 Unclaimed Property Reporting,
including 2011 Unclaimed Property Summary Detail Report
W: \Word Processing \Resolutions \Cancellation of outstanding claims and checks 10 -5 -11
54 LJ:bjs Page 2 of 2
411 Foster Golf Course
Payroll #521690 02/19/10
Donald McConnaughey
Total 411 Fund Payroll Checks:
501 Equipment Rental Fund
Claims #350113 11/16/09
Report and remittance summary
Radio Communications Svcs -King County
Total 501 Fund Claims Checks:
GRAND TOTAL:
Total Claims, Payroll, and all other Municipal Court Checks to
WA State DOR
Municipal Court Restitution, Check Nos. 13194, 13513, 13191, remittance
to County Treasurer
Grand Total to be Reported Remitted to WA State DOR /County Treasurer:
Ellur 11111M
$384.40
100.00
$484.40
$86.22
475.00
$561.22
$0.00
150.00
100.00
62.00
$312.00
$1,357.62
$359.51
$359.51
$83.77
$83.77
$1,800.90
$1,488.90
312.00
$1,800.90
I
55
Attachment "A"
WA State Department of Revenue
2011 Unclaimed Property Reporting
ID NUMBER
DATE
VENDOR
000 General Fund
Claims Various
Various
Aggregate- Various (Clahns Checks under $50)
#354060
06/21/10
Mission Increase Foundation
Total General Fund Claims Checks
Payroll #522143
05/20/10
Brian Allen
521096
12/04/09
Sound Credit Union
Total General Fund Payroll Checks
Municipal Various
Various
Aggregate- Various (Court Checks under $50)
Court #13194
07/03/08
Jose Varva (Restitution County Treasurer)
13513
03/23/09
Benjamin Smith (Restitution County Treasurer)
13191
07/02/08
Ali Abokor (Restitution- County Treasurer)
Total Municipal Court Checks
General Fund Grand Total All Checks:
411 Foster Golf Course
Payroll #521690 02/19/10
Donald McConnaughey
Total 411 Fund Payroll Checks:
501 Equipment Rental Fund
Claims #350113 11/16/09
Report and remittance summary
Radio Communications Svcs -King County
Total 501 Fund Claims Checks:
GRAND TOTAL:
Total Claims, Payroll, and all other Municipal Court Checks to
WA State DOR
Municipal Court Restitution, Check Nos. 13194, 13513, 13191, remittance
to County Treasurer
Grand Total to be Reported Remitted to WA State DOR /County Treasurer:
Ellur 11111M
$384.40
100.00
$484.40
$86.22
475.00
$561.22
$0.00
150.00
100.00
62.00
$312.00
$1,357.62
$359.51
$359.51
$83.77
$83.77
$1,800.90
$1,488.90
312.00
$1,800.90
I
55
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COUNCIL A GEj
Initials
Meetin� Date Prepared by Mayor's revien)
10/24/11 PM Qcs
11/07/11 PM L
VDA SYNOPSIS
ITEM NO.
Counctt revien)
4.G.
ITEM INFORMATION
CAS NL!,MBI STAI"r SPONSOR: PEGGY MCCARTHY ORIGINAI.AGRN.DA DATE: 10/24/11
A(; I ;N DA ITIl ,M T rcl.l:. Ordinance setting Councilmember compensation for the period 1/ 1/2012 through
12/31/2015
C \T'I;GORY ®Di.rcu.rsion ❑Motion El Resolution ®Ordinance .BidAavard Public.Hearing Ot /per
P1tg Date 10124111 A�ltg Date AZtg Date t12tg Date 1117111 JAP Date Ali Date Mtg Date
I SI)oNtsolz Council M ayor MR DCD .Finance Fire IT P &R Police PII%'
SPONSOR'S Ordinance 2192 setting Councilmember compensation will expire on December 31, 2011.
SI. \4�1, \Rl' A new ordinance is required to enable staff to process Councilmember pay subsequent to
this sunset date.
Rr' Xi1?WI?I) BY 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:
SPONsoiZ /Ai)mN. Finance
COmiN41" 'I Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
Exn :NDI'ruizi RF;OULR13'.D AMOUNT BUDGETED APPROPRIATION REQUIRED
$88,200 $88,200 $0
l=and SOUrce: 000
C'onnnent.ti•: No change in dollar amount since 2005
MTG.DATEI RECORD OF COUNCIL ACTION
10/24/11 IForward to next Regular Meeting
11/7/11 1
MTG. DATE
10/24/11
11/7/11
ATTACHMENTS
Informational memorandum dated 10/10/11
Draft Ordinance
TMC Chapter 2.05 Council Compensation
Minutes from the Finance and Safety Committee meeting of 10/18/11
Ordinance in final form
:1
Cl' of Tukwi
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL
CODE CHAPTER 2.05 TO FIX THE AMOUNT OF COMPENSATION
AT THE CURRENT LEVEL (2011) FOR COUNCILMEMBERS
THROUGH 2015; REPEALING ORDINANCE NO. 2192; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS,. Ordinance No. 2192 set Council compensation levels for the years
2007 through 2011; and
WHEREAS, the City Council recognizes that the current economy warrants a
conservative compensation that does not rise beyond the current scale; and
WHEREAS, a uniform stipend ensures that all Councilmembers receive the same
salary for several years;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Chapter 2.05 of the Tukwila Municipal Code is hereby amended to read
as follows:
2.05.010 Council Compensation
A. Monthly compensation levels. Pursuant to the provisions of RCW
35A.12.070, members of the Tukwila City Council shall receive the following monthly
compensation during the years listed here according to their position and the date their
term of office commences:
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61
POSITIONS 2, 4, 6
1/1/08 12/31/11
(current term of office)
and 1/1/12 12/31/15
*$1, 050 /month
$1,050 /month
$1,050 /month
$1,050 /month
*New Council term commences on January 1.
B. Compensation review. At any time the Tukwila Council compensation falls
below the mean of the other Valley Communication cities, Tukwila will review the
stipends and may increase its stipend to the level of those other cities.
Section 2. Repealer. Ordinance No. 2192 is hereby repealed.
Section 3. 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 4. 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 5. 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 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:
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POSITIONS 1, 3, 5, 7
111/10 12/31/13
YEAR
(current term of office)
and 1/1/14 12/31/17
2012
$1,050 /month
2013
$1,050 /month
2014
*$1,050 /month
2015
$1, 050 /month
POSITIONS 2, 4, 6
1/1/08 12/31/11
(current term of office)
and 1/1/12 12/31/15
*$1, 050 /month
$1,050 /month
$1,050 /month
$1,050 /month
*New Council term commences on January 1.
B. Compensation review. At any time the Tukwila Council compensation falls
below the mean of the other Valley Communication cities, Tukwila will review the
stipends and may increase its stipend to the level of those other cities.
Section 2. Repealer. Ordinance No. 2192 is hereby repealed.
Section 3. 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 4. 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 5. 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 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:
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Upcoming Meetings Events
November 2011
7th (Monday)
8th (Tuesday)
9th (Wednesday)
10th (Thursday)
11th (Friday)
12th (Saturday)
Transportation
Finance
Planning
Veterans Day
Council Coffee
Cmte,
Safety Corte,
Commission,
Chat
5:00 PM
4:00 PM
6:30 PM
City offices closed
10:00 AM to
(CR 41)
(CR 43)
(Council
12:00 NooN
Please note the
earlier start,
Chambers)
Civil Service
time this month.
Commission,
Stop by and
5:00 PM
(CR #3)
Tukwila
�f
informally
talk with a Tukwila City
International
Councilmember about
Boulevard
anything on your mind
City Council
Action Cmte,
regarding Tukwila.
Regular Mtg.,
7:00 PM
Frien& Cafe
7:00 PM
(Community
(12930 E. Marginal Wa))
(Council
Center)
Chambers)
General Election
VOTE! H
14th (Monday)
15th (Tuesday)
16th (Wednesday)
17th (Thursday)
18th (Friday)
19th (Saturday)
Lodging Tax
Utilities Cmte,
Parks
Tukwila
Human
Fall Recycling
Advisory
5:00 PM
Commission,
Historical
Services
Collection Event
Committee
(CR 41)
5:30 PM
Society,
Advisory
9:00 AM to 3:00 PM
meeting,
(Community
7:00 PM
Board
12:00 NOON
Center)
(Tukwila
10:00 AM
Tukwila Village site at
(Courtyard by
Sister City
Heritage
(Human
the corner of S. 144th
Marriott
Cmte,
Cultural Center,
Services office)
St. 41st Ave. S.
400 Andover
5:30 PM
Library
14475 59" Ave
Look under
Park West)
(Community
Advisory
S.)
"Headlines" at
Center)
Board,
www.tukwilawa.gov
Community
7:00 PM
for additional
Affairs Parks
(Foster Library)
information.
Cmte,
5: 00 PM
Volunteer Work
(CR 43)
Party
10:00 AM 1:00 PM
Tukwila
Duwnmish Hill
Metropolitan
Park District
Preserve
Board of
For information and
Commissioners
registration visit
Meeting,
www.caseadeland.org
6:00 PM
(or call 206- 905- 6931).
(Council
Chambers)
Citizenship Day
FREE assistance
City Council
with citizenship
Committee of
applications from
the Whole Mtg.,
Washington New
7:00 PM
Americans Program.
(Council
10:00 AM 3:00 PM
Chambers)
Visit www.wanew
americans.org for more
information (or call
1- 877 926- 3924).
City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall.
City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall.
Civil Service Commission: 1st Mon., 5:00 PM, Conf. Room 43. Contact Human Resources at 206 -433 -1831.
Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room #3
Finance Safety Committee: 1st 3rd Tues., 4:00 PM, Conf. Room #3. (A) Proposal regarding Rock 'n' Roll Marathon
sponsorship. (B) Resolution adopting the procurement card (PCard) process. (C) An ordinance levying general tares and an
ordinance increasing the tax levy by 1 (D) Ordinance amending the 2011 -2012 budget. (E) Memorandum of Understanding
with WCIA regarding the City's deductible. (F) Proposal for additional Police staffing.
Planning Commission /Board of Architectural Review: 4th Thurs. except 2nd Thursday in Nov. Dec., 6:30 PM,
Council Chambers at City Hall. Contact Wynetta Bivens at 206- 431 -3670.
Transportation Committee: Ist 3rd Mon., 5:00 PM, Conf. Room (A) WSDOT Rideshareonline.coni project grantfimding
agreement. (B) Interlocal agreement with King County—transfer of drainage facility. (C) 2012 Overlay and Repair Program
consultant selection and agreement. SCATBd 10115111 meeting agenda.
➢Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Villa at 206- 433 -1815.
Utilities Committee: 2nd 4th Tues., 5:00 PM, Conf. Room #1
63
Tentative Agenda Schedule
MONTH MEE I'ING 1-
MEETING 2
3-
MEETING 4
REGULAR
C:O ;W:
REGULAR
C.O.W.
November 7
14
21
28
See agenda packet
Soecial Presentation:
Snecial Presentation:
Special Issues:
cover sheet for this
Swearing in of two
Certified Municipal
Tukwila Village
week's agenda
new police officers.
Clerk recognition
draft deal terms
(November 7, 2011
awarded to Melissa
Regular Meeting)
Special Issues:
Hart, Deputy City
Permit tracking system
Clerk.
replacement.
Resolution regarding
Unfinished Business:
golf course fees.
Permit tracking system
replacement.
Discussion on golf
course budget /General
Resolution regarding
Fund subsidy.
golf course fees.
December 5
6:00 PM
EXEcuiTvE SESSION
Soecial Presentations:
Valley SWAT award.
3rd Quarter financial
status report.
Annointments:
Confirm the
reappointment of
Ronald Johnston to
Position #2 on the
Civil Service
Commission, with a
term expiring
12/31/2017.
Unfinished Business:
Tukwila Village
draft deal terms
12 19
Special Issues:
Tukwila Village
Development
Agreement discussion
27 (Tuesday)
0