HomeMy WebLinkAboutTukwila Municipal Code - Title 05 - Business Licenses and Regulations TITLE 5 – BUSINESS LICENSES AND REGULATIONS
Produced by the City of Tukwila, City Clerk’s Office Page 5–1
TITLE 5
BUSINESS LICENSES
AND REGULATIONS
Chapters:
5.04 Licenses Generally
5.06 Residential Rental Business License and Inspection
Program
5.08 Cabarets
5.10 Adult Cabarets Repealed by Ordinance 2575,
May 2018
5.12 Peddlers/Solicitors
5.16 Card and Pool Rooms Repealed by Ordinance 2315,
November 2010.
5.20 Certain Gambling Activities Prohibited Repealed by
Ordinance 2363, December 2011.
5.32 Trailer Parks Repealed by Ordinance 2355, November
2011.
5.36 Rock Quarries
5.40 Massage Establishments Repealed by Ordinance 2315,
November 2010.
5.44 Tow Truck Businesses Repealed by Ordinance 2461,
December 2014
5.48 Amusement Centers and Devices
5.50 Pawnbrokers and Second Hand Dealers
5.52 Panoram Devices
5.56 Adult Entertainment Cabarets
5.60 Safety in Overnight Lodging
5.61 Retail Carryout Bags Repealed by Ordinance 2629, May
2020
5.62 Revenue Generating Regulatory License Repealed by
Ordinance 2356, November 2011.
5.63 Labor Standards for Certain Employees
TITLE 5 – BUSINESS LICENSES AND REGULATIONS
Produced by the City of Tukwila, City Clerk’s Office Page 5–2
CHAPTER 5.04
LICENSES GENERALLY
Sections:
5.04.010 Definitions
5.04.012 Purpose
5.04.015 Business License Required
5.04.020 Applications and Fees Required
5.04.030 Issuance of a License and Annual Renewal
5.04.040 Prorating Fee
5.04.050 Late Acquisition or Renewal
5.04.060 Transferability
5.04.070 Change in UBI #, Ownership, Physical Location or
Nature of Business
5.04.080 Required – Display
5.04.090 Exemption
5.04.100 Failure to Pay Fee
5.04.105 Additional Requirements for Issuance of Business
License
5.04.110 Denial, Suspension, Revocation
5.04.112 Appeal of Notice of Denial, Suspension or
Revocation
5.04.113 Violations of Minimum Wage and Fair Access to
Additional Hours Regulations
5.04.115 Penalties
5.04.116 Effect of Denial or Revocation
5.04.120 Regulation Adoption and Publication – Failure to
Comply
5.04.130 Disclaimer of City Liability
5.04.010 Definitions
For the purpose of this chapter, the following definitions shall
apply:
1. “Business,” means and includes all activities,
occupations, trades, pursuits, or professions located or engaged
within the City that involves the manufacturing or processing of
materials of any type; the sale of goods, wares or merchandise;
the rendition of services or the repair of goods, wares or
merchandise for any consideration to the person engaging in the
same or to any other person or class, directly or indirectly, whether
or not an office or physical location for the business lies within the
City limits.
2. “Department,” means Finance Department.
3. “Director,” means the Finance Director or his or her
designee.
4. “Engaging in business” means commencing,
conducting, or continuing in business, and also the exercise of
corporate or franchise powers, as well as liquidating a business
when the liquidators thereof hold themselves out to the public as
conducting such business.
a. This section sets forth examples of activities that
constitute engaging in business in the City, and establishes safe
harbors for certain of those activities so that a person who meets
the criteria may engage in de minimus business activities in the
City without having to pay a business license fee. The activities
listed in this section are illustrative only and are not intended to
narrow the definition of "engaging in business" as defined above.
If an activity is not listed, whether it constitutes engaging in
business in the City shall be determined by considering all the
facts and circumstances and applicable law.
b. Without being all inclusive, any one of the
following activities conducted within the City by a person, or its
employee, agent, representative, independent contractor, broker
or another acting on its behalf constitutes engaging in business
and requires a person to register and obtain a business license:
(1) Owning, renting, leasing, maintaining, or
having the right to use, or using, tangible personal property,
intangible personal property, or real property permanently or
temporarily located in the City.
(2) Owning, renting, leasing, using, or
maintaining, an office, place of business, or other establishment in
the City.
(3) Soliciting sales.
(4) Making repairs or providing maintenance
or service to real or tangible personal property, including warranty
work and property maintenance.
(5) Providing technical assistance or service,
including quality control, product inspections, warranty work, or
similar services on or in connection with tangible personal property
sold by the person or on its behalf.
(6) Installing, constructing, or supervising
installation or construction of, real or tangible personal property.
(7) Soliciting, negotiating, or approving
franchise, license, or other similar agreements.
(8) Collecting current or delinquent accounts.
(9) Picking up and transporting tangible
personal property, solid waste, construction debris, or excavated
materials.
(10) Providing disinfecting and pest control
services, employment and labor pool services, home nursing care,
janitorial services, appraising, landscape architectural services,
security system services, surveying, and real estate services
including the listing of homes and managing real property.
(11) Rendering professional services such as
those provided by accountants, architects, attorneys, auctioneers,
consultants, engineers, professional athletes, barbers, baseball
clubs and other sports organizations, chemists, consultants,
psychologists, court reporters, dentists, doctors, detectives,
laboratory operators, teachers, veterinarians.
(12) Meeting with customers or potential
customers, even when no sales or orders are solicited at the
meetings.
(13) Training or recruiting agents,
representatives, independent contractors, brokers or others,
domiciled or operating on a job in the City, acting on its behalf, or
for customers or potential customers.
(14) Investigating, resolving, or otherwise
assisting in resolving customer complaints.
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(15) In-store stocking or manipulating products
or goods, sold to and owned by a customer, regardless of where
sale and delivery of the goods took place.
(16) Delivering goods in vehicles owned,
rented, leased, used, or maintained by the person or another
acting on its behalf.
c. If a person, or its employee, agent,
representative, independent contractor, broker or another acting
on the person’s behalf, engages in no other activities in or with the
City but the following, it need not register and obtain a business
license.
(1) Meeting with suppliers of goods and
services as a customer.
(2) Meeting with government representatives
in their official capacity, other than those performing contracting or
purchasing functions.
(3) Attending meetings, such as board
meetings, retreats, seminars, and conferences, or other meetings
wherein the person does not provide training in connection with
tangible personal property sold by the person or on its behalf. This
provision does not apply to any board of director member or
attendee engaging in business such as a member of a board of
directors who attends a board meeting.
(4) Renting tangible or intangible property as
a customer when the property is not used in the City.
(5) Attending, but not participating in a "trade
show" or "multiple vendor events". Persons participating at a trade
show shall review the City's trade show or multiple vendor event
ordinances.
(6) Conducting advertising through the mail.
(7) Soliciting sales by phone from a location
outside the City.
d. A seller located outside the City merely delivering
goods into the City by means of common carrier is not required to
register and obtain a business license, provided that it engages in
no other business activities in the City. Such activities do not
include those in subsection 5.04.010(4)(c).
e. The City expressly intends that engaging in
business include any activity sufficient to establish nexus for
purposes of applying the license fee under the law and the
constitutions of the United States and the State of Washington.
Nexus is presumed to continue as long as the taxpayer benefits
from the activity that constituted the original nexus generating
contact or subsequent contacts.
5. “License or licensee,” as used generally in this
chapter, means and includes respectively the words “permit” or
“permittee” or the holder for any use or period of time of any similar
privilege, wherever relevant to any provision of this chapter or
other law or ordinance.
6. “Nonprofit organization” includes individual
person(s), partnerships, joint ventures, societies, associations,
churches, clubs, trustees, trusts or corporations; or any officers,
agents, employees, factors or any kind of personal representatives
of any thereof, in any capacity, acting either for himself or any
other person under either personal appointment or pursuant to law
who qualifies under definition of and certification by the Internal
Revenue Service as nonprofit.
7. “Person,” means any individual, receiver, agent,
trustee in bankruptcy, trust, estate, firm, co-partnership, joint
venture, company, joint stock company, business trust,
corporation, society, or group of individuals acting as a unit,
whether mutual, cooperative, fraternal, nonprofit or otherwise.
8. “Person engaged in business” means the owner or
one primarily beneficially interested in lawful business for profit
and not employees.
9. “Home occupation” means any business conducted
in a residence within the corporate city limits of Tukwila, such
business being subject to the requirements set forth in TMC
Chapter 18.06, “Definitions,” in the section entitled “Home
Occupation.”
10. “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 employed at any business who
performs any part of their duties within the City of Tukwila or
reports from a location within the City’s corporate limits; and
b. Any person who is on the business’s payroll, and
includes all full-time, part-time, and temporary employees or
workers; and
c. Owners, officers, managers, and partners; and
d. Any other person who performs work, services or
labor at the business including, but not limited to, family members,
regardless of whether they receive a wage from the business.
e. Self-employed persons, sole proprietors,
owners, officers, managers, and partners; and
f. 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.
Employee is a unit of measure used to determine the
Business License fee.
(Ord. 2588 §2, 2018; Ord. 2544, §2, 2017; Ord. 2496 §1, 2016;
Ord. 2381 §1, 2012; Ord. 2356 §1, 2011;
Ord. 2333 §1, 2011; Ord. 2315 §1 (part), 2010)
5.04.012 Purpose
The purpose of this chapter is to regulate and insure the legal
conduct of businesses, assist in the effective administration of
health, fire, building, zoning and other codes of the City, to impose
fees for revenue purposes, and to provide a means for obtaining
public information and compiling statistical information on existing
and new businesses in the City.
(Ord. 2315 §1 (part), 2010)
TITLE 5 – BUSINESS LICENSES AND REGULATIONS
Produced by the City of Tukwila, City Clerk’s Office Page 5–4
5.04.015 Business License Required
A. No person or persons shall conduct, maintain, operate,
or engage in any business within the City without first applying for
and obtaining a business license, or renewing an existing license,
and paying the fee(s) as prescribed herein, unless exempted in
this chapter. All businesses operating or engaging in business
within the City are required to submit a business license
application or renewal, as appropriate, unless exempted in this
chapter.
B. This license shall be in addition to any other licenses or
permits required by any other section of this code or by State or
Federal laws.
C. Business licenses are nontransferable and a separate
business license shall be obtained for each location at which a
business operates. Licenses shall be displayed at each business
location so as to be viewable by the public.
(Ord. 2588 §3, 2018; Ord. 2381 §2, 2012;
Ord. 2333 §2, 2011; Ord. 2315 §1 (part), 2010)
5.04.020 Applications and fees required
A. Application Required. Any person desiring to establish
or conduct any business enterprise or undertaking within the
corporate limits of the City shall first file a master application
through the Washington State Department of Licensing Master
License Service in coordination with the City of Tukwila Finance
Department for a license to conduct such business. The
application shall be upon a form furnished by the Washington
State Department of Licensing Master License Service on which
the applicant shall state the company name and address; the
nature of the business activity or activities in which he/she desires
to engage; the place where the business will be conducted; the
number of employees, whether full or part-time, on the payroll as
of January 1, or, if a new business, the number to be employed on
the opening date; the Washington State Unified Business Identifier
(UBI) number; and other information pertaining to the business as
required by the City. The applicant shall be required to provide all
information requested on said form and failure to do so shall be
grounds for refusing to issue the business license. Owners of
residential rental property are not subject to the application
requirements in this chapter but shall adhere to the application
requirements in TMC Chapter 5.06.
B. Fee – General.
1. The application must be accompanied by the
appropriate application fee in accordance with the fee schedule
adopted by resolution of the City Council, as well as the Master
License Service handling fee. The license fee for the annual
license (Business License fee) issued under this chapter shall be
determined based on the total number of employees. The
business license fee shall be determined by multiplying the
appropriate Business License fee by the number of employees
working at or reporting from a location within the City’s corporate
limits, in accordance with the fee schedule adopted by resolution
of the City Council. In no event shall the Business License fee be
less than the minimum fee set forth in this chapter. If the number
of employees is not known at the time of application or renewal of
the license, the business shall estimate the maximum number of
employees they anticipate working any time during the 12-month
period subject to licensure.
2. It will be the responsibility of the business to
determine the total number of employees and, if required,
demonstrate to the satisfaction of the Finance Director that the
information pertaining to the Business License fee is accurate.
Businesses without a full year of operating history shall estimate
the number of employees that will be employed in a 12-month
period.
C. Minimum Fee. There shall be an annual minimum fee
for a Business License in accordance with the fee schedule
adopted by resolution of the City Council.
1. For purposes of the license by this chapter, any
person or business whose annual value of products, gross
proceeds of sales, or gross income of the business in the City is
equal to or less than $2,000 and who does not maintain a place of
business within the City, shall submit a business license
registration to the Finance Director or designee. The threshold
does not apply to regulatory license requirements or activities that
require a specialized permit.
2. Businesses doing business in the City that have no
employees physically working within the City’s corporate limits
shall pay the minimum fee required under this chapter.
3. An entity subject to exemption pursuant to TMC
Section 5.04.090 need not pay a Business License fee. An entity
engaging in some activities or functions that are exempt from the
Business License fee and some that are not exempt shall pay a
Business License fee based on the number of employees involved
in the functions or activities that are not exempt.
D. New Businesses. The Business License fee for a new
business shall be based on the estimated number of employees
that will work in Tukwila for a 12-month period. If, during the first
license year for a new business, the City determines the actual
number of employees is significantly different than the estimated
number identified by the business owner, the amount of the
Business License fee will be recalculated for the new business. If
the revised Business License fee is higher than the original
Business License fee paid by the business owner for the first
license year, the business owner must pay the difference to the
City within 30 days after written notice of the amount owed is sent
to the business owner by the City.
E. Over-reporting of Employees. In the event the
business owner miscounted the number of employees by an error
factor of more than 15% and paid an excess Business License fee
as a result, a business may request that the City refund the
overpayment. The request must be made in writing to the Finance
Department, and the City must receive the request and all
supporting documentation no later than 60 days after the end of
the calendar year in which the error was made. If the City is
satisfied the business owner paid an excess Business License fee,
the City will refund the excess amount paid to the business owner.
F. Under-reporting of Employees. If, at the time of license
renewal, the City determines the business owner under-reported
the number of employees for the preceding year by an error factor
of more than 15%, the business shall pay the balance of the
TITLE 5 – BUSINESS LICENSES AND REGULATIONS
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corrected Business License fee (calculated as the difference
between the paid Business License fee and the corrected
Business License fee). The Finance Director shall mail written
notice of the balance due to the business owner, and the business
shall pay the balance due to the City within 30 days of the date the
written notice is mailed by the City. A penalty of 20% of the
balance due will be applied if payment is not received within 30
days.
G. Payment by Draft or Check. Payment made by draft or
check shall not be deemed a payment of the Business License fee
unless and until the same has been honored in the usual course
of business, nor shall acceptance of any such check or draft
operate as a quittance or discharge of the Business License fee
unless and until the check or draft is honored. Any person who
submits a Business License fee payment by check to the
Washington State Department of Licensing Master License
Service or 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.
(Ord. 2588 §4, 2018; Ord. 2544 §3, 2017; Ord. 2496 §2, 2016;
Ord. 2381 §3, 2012; Ord. 2356 §2, 2011;
Ord. 2333 §3, 2011; Ord. 2315 §1 (part), 2010)
5.04.030 Issuance of a license and annual renewal
A. Upon review and approval of the application, the
Washington State Department of Licensing Master License
Service or the Finance Director or designee shall issue a license
to the applicant. The license shall grant to the applicant the
privilege to conduct such business at a designated location in the
City.
B. Persons continuing to engage in business within the City
shall renew their business license(s) each year. Businesses must
pay a renewal fee, as well as the Master License Service handling
fee. The annual business license renewal fee shall be in
accordance with the fee schedule adopted by resolution of the City
Council. The annual fee may be prorated in order to conform the
license expiration date with the expiration date established by the
Master License Service. Persons not renewing their business
license by the expiration date may be subject to a late renewal
penalty charged by the Master License Service.
(Ord. 2588 §5, 2018; Ord. 2315 §1 (part), 2010)
5.04.040 Prorating fee
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.
(Ord. 2356 §3, 2011; Ord. 2333 §4, 2011;
Ord. 2315 §1 (part), 2010)
5.04.050 Late acquisition or renewal
A. Penalty. For new businesses, failure to pay the
Business License fee by the first day of commencing business
operations pursuant to TMC Section 5.04.020 will result in a late
acquisition penalty in accordance with the fee schedule adopted
by resolution of the City Council. For renewing businesses, failure
to pay the Business License renewal fee by January 31st shall
constitute delinquency and shall result in a penalty in accordance
with the fee schedule adopted by resolution of the City Council.
No business license and/or renewal for the current period shall be
granted until all delinquent fees, together with penalties, have
been paid in full. The Finance Director or his/her designee is
authorized, but not obligated, to waive all or any portion of the
penalties and interest provided herein in the event the Finance
Director determines that the late payment was the result of
excusable neglect or extreme hardship.
B. Collection of Fees and Penalties. Any license fee due
and unpaid under this chapter, and all penalties thereon, shall
constitute a debt to the City and may be collected in court
proceedings in the same manner as any other debt in like amount,
which remedy shall be in addition to any and all other existing
remedies.
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 payment of any
license fee hereunder, or who shall otherwise fail to comply with
any of the provisions of this chapter. Notice of such revocation
shall be issued pursuant to TMC Section 5.04.110.D. On and after
the date of the notice of revocation, any business subject thereto
that continues to engage in business shall be deemed to be
operating without a license, and shall be subject to any and all
penalties herein provided.
D. There shall be a penalty to reinstate any business license
revoked through nonpayment of the Business License fee. The
penalty shall be identified in the fee schedule adopted by
resolution of the City Council.
(Ord. 2544 §4, 2017; Ord. 2496 §3, 2016; Ord. 2381 §4, 2012;
Ord. 2356 §4, 2011; Ord. 2333 §5, 2011;
Ord. 2315 §1 (part), 2010)
5.04.060 Transferability
The license granted in pursuance hereof shall be personal to
the licensee and it shall not be assignable or transferable to any
other person.
(Ord. 2315 §1 (part), 2010)
5.04.070 Change in UBI #, ownership, physical
location or nature of business
The license granted pursuant hereto shall be used to conduct
the particular business or type of business at the designated
address for which such license is issued. Any license holder with
a change in the nature of the business, a change in the Unified
Business Identifier (UBI) issued by the Washington State
Department of Licensing, a change in the physical location of the
business, and/or a change in ownership of the business shall
immediately submit a new application for licensure to the Finance
Department documenting the relevant change(s). A change in the
UBI or a change in ownership for the business will require payment
of the applicable license fee set forth in the fee schedule adopted
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by resolution of the City Council, in addition to the submission of a
new application.
(Ord. 2496 §4, 2016; Ord. 2381 §5, 2012; Ord. 2356 §5, 2011;
Ord. 2333 §6, 2011; Ord. 2315 §1 (part), 2010)
5.04.080 Required – Display
It is unlawful for any person to engage in or carry on any
business activity in the City without first procuring a license as
provided in this chapter. The license shall thereafter be
prominently displayed in the place of business of the applicant.
(Ord. 2315 §1 (part), 2010)
5.04.090 Exemption
A. Exemptions. The following entities may claim an
exemption from the 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 determination letter 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.
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. A civic group, service club, or social organization
that is not engaged in any profession, trade, or occupation, but is
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. A court interpreter who provides an oral translation
between speakers who speak different languages, and who is
either a certified interpreter, qualified interpreter, or registered
interpreter, and who makes 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.
6. A public card room (also known as a social card
room) with a house-banked license.
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.
(Ord. 2593 §2, 2018; Ord. 2588 §6, 2018;
Ord. 2544 §5, 2017; Ord. 2356 §6, 2011;
Ord. 2333 §7, 2011; Ord. 2315 §1 (part), 2010)
5.04.100 Failure to Pay Fee
If any person engaged in business fails or refuses to pay the
license fee for any year as herein provided, they shall not be
granted a license for the current year until such delinquent license
fees in accordance with the fee schedule adopted by resolution of
the City Council have been paid, in addition to the current years’
required fee(s). Such fees may be collected by the City by proper
legal action brought for that purpose if any person engaged in
business fails or refuses to pay the license fee. This remedy is
cumulative and not exclusive.
(Ord. 2588 §7, 2018; Ord. 2315 §1 (part), 2010)
5.04.105 Additional Requirements for Issuance of
Business License
A. A business license will only be issued provided the
building, structure, operation or location of the business for which
the license is sought complies with the requirements or standards
of the Tukwila Municipal Code.
B. In any case where an applicant seeks a business license
for a business to be located in a building or structure for which a
building or land use permit is required to operate the business as
proposed, whether as a newly constructed building or structure or
a remodeled building or structure, the permit process, including
final inspections/issuance of occupancy permits, shall be
completed prior to issuance of a business license.
C. In any case where an applicant seeks a business license
for a business to be located in a building or structure for which no
building or land use permit is required to operate the business as
proposed, the building department may require the business
premises to be inspected for compliance with life and safety
codes. If the inspection reveals outstanding code violations, the
business license will not be issued until all life and safety code
violations are resolved.
(Ord. 2588 §8, 2018; Ord. 2315 §1 (part), 2010)
5.04.110 Denial, Suspension, Revocation
A. The Finance Director may deny any business license
application pursuant to TMC Section 5.04.105.
B. The Finance Director may deny, suspend or revoke any
license under this chapter where one or more of the following
conditions exist:
1. The licensee is in default of any fee, charges or
amounts due and payable to the City of Tukwila, as outlined in the
Tukwila Municipal Code or City policy.
2. The license was procured by fraud or by a false or
misleading representation of fact in the application, or in any report
or record required to be filed with the Finance Department.
3. The building, structure, equipment, operation or
location of the business for which the license was issued does not
comply with the requirements or standards of the Tukwila
Municipal Code.
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4. The license holder, his or her employee, agent,
partner, director, officer or manager has knowingly violated any
provisions of any chapter of the Tukwila Municipal Code, or has
knowingly permitted, failed to prevent, or has otherwise allowed a
violation of any of the provisions of any chapter of the Tukwila
Municipal Code to occur on his or her business premises.
5. The license holder, his or her employee, agent,
partner, director, officer or manager has repeatedly violated any
provision of City policies or the Tukwila Municipal Code after
having received notice of such violation.
6. Conduct of the business would be in violation of any
local, state or federal law, rule or regulation prohibiting the conduct
of that type of business.
7. The property at which the business is located has
been determined by a court to be a chronic nuisance property, a
Violation Notice and Order for a chronic nuisance property has
been issued and not timely remedied or appealed, or the Hearing
Examiner has determined the property to be a chronic nuisance
property, as provided in TMC Chapter 8.27.
C. Upon determination that grounds for denial, suspension
or revocation of a license exist, the Finance Director shall send the
applicant or license holder a Notice of Denial, Suspension or
Revocation. The Notice of Denial, Suspension or Revocation shall
set forth the grounds for and terms of the denial, suspension or
revocation, and a statement advising the applicant or license
holder that he/she may appeal the Notice of Denial, Suspension
or Revocation in accordance with the provisions of TMC Section
5.04.112. The filing of such appeal shall stay the action of the
Finance Director pending decision on the appeal by the City
Hearing Examiner or other hearing body pursuant to TMC Section
5.04.112.
D. Receipt of the Notice of Denial, Suspension or
Revocation. The Notice of Denial, Suspension or Revocation
shall be: (1) sent to the applicant or license holder by registered
mail at the address provided on the license application; (2) hand
delivered to the address provided on the license application; or (3)
posted upon the premises where such applicant or license holder
conducts the business that is the subject of the denied, suspended
or revoked license. Notice shall be deemed received by the
applicant or license holder upon posting, hand delivery, or 3
business days after mailing, whichever occurs first.
(Ord. 2588 §9, 2018; Ord. 2496 §5, 2016; Ord. 2352 §2, 2011;
Ord. 2333 §8, 2011; Ord. 2315 §1 (part), 2010)
5.04.112 Appeal of Notice of Denial, Suspension or
Revocation
A. The applicant or license holder may appeal the decision
of the Finance Director to suspend, deny or revoke a business
license by filing a written notice of appeal to the City Clerk within
10 calendar days following receipt of the Notice of Denial,
Suspension or Revocation. The notice of appeal must state the
grounds for appeal, including a detailed explanation of why the
decision to suspend, deny or revoke was incorrect. The notice of
appeal must be accompanied by an Appeal Fee in accordance
with the fee schedule adopted by resolution of the City Council. A
timely notice of appeal shall stay the effect of the notice of non-
issuance until the City’s Hearing Examiner or other hearing body
issues a written decision on the appeal.
B. Upon timely filing of a notice of appeal, the Finance
Director shall schedule a hearing on the appeal before the City’s
Hearing Examiner. The hearing shall be conducted no later than
30 days from the date of the notice of appeal, unless an extension
is agreed to by the appellant or otherwise ordered by the Hearing
Examiner for good cause shown. Notice of the hearing will be
mailed to the applicant or licensee.
C. The hearing shall be de novo. The decision of the City’s
Hearing Examiner or other hearing body shall be based upon a
preponderance of the evidence. The burden of proof shall be on the
appellant. The Hearing Examiner or other hearing body may affirm,
reverse or modify the Finance Director’s decision.
D. Within 20 business days, excluding holidays recognized
by the City of Tukwila, from the date of the hearing on an appeal
under this section, the Hearing Examiner shall issue a written
decision which shall set forth the reasons therefor.
(Ord. 2496 §6, 2016; Ord. 2381 §6, 2012; Ord. 2333 §9, 2011;
Ord. 2315 §1 (part), 2010)
5.04.113 Violations of Minimum Wage and Fair
Access to Additional Hours Regulations
A. The Finance Director may deny, suspend, or revoke any
license under this chapter for violation of TMC Chapter 5.63.
B. The Finance Director must deny, suspend, or revoke any
license under this chapter for repeated intentional violations of
TMC Chapter 5.63.
C. Any action by the Finance Director under this section
shall be subject to the procedures and requirements of TMC
subsections 5.04.110.C and 5.04.110.D and Section 5.04.112, as
well as other due process rights that a court may require.
(Initiative Measure No. 1, Adopted 2022
Certified by King County Elections on November 29, 2022)
5.04.115 Penalties
Any violation of this chapter, or failure to comply with any of
the requirements of this chapter, shall be subject to enforcement
and penalties as prescribed in TMC Chapter 8.45 and the
issuance of a Notice of Violation in accordance with TMC Section
8.45.070.
(Ord. 2549 §2, 2017; Ord. 2315 §1 (part), 2010)
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5.04.116 Effect of Denial or Revocation
No person or business may reapply for a business license
merely by renaming the business. The denial or revocation of a
license applies to any business entity, regardless of its name, that
is operating under the same ownership and/or management and
engages in substantially the same type of business enterprise as
that of a business that has been previously denied a license or has
had its license revoked under this chapter within a year of such
application for a license.
(Ord. 2315 §1 (part), 2010)
5.04.120 Regulation adoption and publication –
Failure to comply
The Finance Director shall have the power and it shall be their
duty from time to time to adopt, publish and enforce rules and
regulations not inconsistent with this chapter or with the law, for
the purpose of carrying out the provisions hereof, and it is unlawful
for any person to violate or fail to comply with any such rule or
regulation.
(Ord. 2315 §1 (part), 2010)
5.04.130 Disclaimer of City Liability
The City of Tukwila expressly finds and requires that
responsibility for compliance with the provisions of this chapter
rests with license applicants and their agents and that no action,
inaction, or omission of the City or any of its agents or employees
shall serve to assume or shift responsibility for compliance with the
provisions of this chapter to any other party, including the City.
Furthermore, issuance of a license pursuant to this chapter does
not constitute the creation of a duty by the City to indemnify the
licensee for any wrongful acts against the public, or to guarantee
the quality of goods, services or expertise of a licensee. The
issuance of a license does not shift responsibility from the licensee
to the City for proper training, conduct or equipment of the licensee
or their agents, employees or representatives, even if specific
regulations require standards of training, conduct or inspection.
(Ord. 2588 §10, 2018)
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CHAPTER 5.06
RESIDENTIAL RENTAL BUSINESS LICENSE
AND INSPECTION PROGRAM
Sections:
5.06.010 Purpose
5.06.020 Definitions
5.06.030 Scope
5.06.040 Residential Rental Business License Requirement
5.06.050 Inspection Required
5.06.060 Inspection Consent
5.06.070 Rental Inspection Deficiency Point System
5.06.080 Inspection Certificate
5.06.090 Deficiencies
5.06.100 Violations
5.06.110 Re-inspections
5.06.120 Notice of Non-Issuance of Certificate of Compliance
5.06.130 Contents of Certificate of Compliance
5.06.140 Certificate of Compliance Validity and Renewal
5.06.150 Notice
5.06.160 Authority
5.06.170 Administrative Regulations
5.06.180 Complaint-Based Inspections
5.06.190 Voluntary Inspection Requests
5.06.200 Penalties
5.06.210 Appeal
5.06.220 Annual Review and Report
5.06.230 Immediate Health and Safety Threats
5.06.240 No Warranty by City
5.06.010 Purpose
The City Council finds that the establishment of a Residential
Rental Business License and Inspection Program for rental units
is necessary to protect the public health, safety and welfare by
ensuring the proper maintenance of such housing, by identifying
and requiring correction of substandard housing conditions, and
by preventing conditions of deterioration and blight that could
adversely impact the quality of life in the City of Tukwila.
(Ord. 2281 §1 (part), 2010)
5.06.020 Definitions
Unless specifically defined below, words or phrases used in
this chapter shall be interpreted using the meaning they have in
common usage and to give this chapter its most reasonable
application.
1. “Accessory dwelling unit” or “ADU” means a unit that
meets the requirements of Table 18-6, Note 17, of TMC Title 18.
2. “Applicable laws” include, but are not limited to, the
City’s housing code, the City zoning ordinance and other City
ordinances, and other laws or regulations relating to the health and
safety of City residents or the general public.
3. “Certificate of Compliance” means the certificate
issued by the City evidencing compliance with the requirements of
this chapter. A Certificate of Compliance is required before a unit
can be rented.
4. “Code official” means the Department of Community
Development Director or his/her designee.
5. “City” means the City of Tukwila, Washington.
6. “Deficiency” means any failure by a rental unit to
comply with applicable laws.
7. “Department” means the City of Tukwila Department of
Community Development.
8. “Inspection Checklist” means the document submitted
to the City as the result of an inspection conducted by an inspector
which shows the true condition of the unit. An Inspection Checklist
must be signed and dated by the inspector.
9. “Inspector” means:
a. A City building code inspector;
b. A City code enforcement officer;
c. A private inspector, approved by the City upon
evidence of at least one of the following credentials: A.A.C.E.
Property Maintenance and Housing Inspector certification, I.C.C.
Property Maintenance and Housing Inspector certification, or
I.C.C. Residential Building Code Inspector;
d. A Washington State licensed architect; or
e. A Washington State licensed home inspector.
10. “Non-City inspector” means any inspector meeting
the criteria in Section 5.06.020 who is not a City code official.
11. “Occupant” means an individual, partnership,
corporation or association, or agent of any of them lawfully
residing in a unit.
12. “Owner” means the owner of record as shown on the
last King County tax assessment roll or such owner’s authorized
agent.
13. “Rental inspection deficiency point system” means
the point system used by inspectors to evaluate whether a rental
unit is in compliance with the requirements of this chapter.
14. “Rental unit” means a unit occupied or leased by a
tenant.
15. “Single-family residence” means a building, modular
home, or new manufactured home designed to contain no more
than one dwelling unit, plus one accessory dwelling unit.
16. “Tenant” means any adult person granted temporary
use of a rental unit pursuant to a lease or rental agreement with
the owner of the rental unit.
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17. “Unit” means any structure or part of a structure,
which is used as a home, residence or sleeping place by one or
more persons, including but not limited to, single-family
residences, duplexes, tri-plexes, four-plexes, multi-family
dwellings, apartment buildings, condominiums, mobile homes and
similar living accommodations.
18. “Unit unavailable for rent” means a unit whose owner
has filed with the code official a statement signed under penalty of
perjury that such unit is not offered or available for rent as a rental
unit and that prior to offering or making the unit available as a
rental unit, the owner will apply for a Residential Rental Business
License and comply with any applicable administrative regulations
adopted pursuant to this chapter.
(Ord. 2519 §1, 2016; Ord. 2459 §1, 2014;
Ord. 2281 §1 (part), 2010)
5.06.030 Scope
The provisions of this chapter shall apply to all rental units,
with the exception of:
1. Owner-occupied rental units;
2. Units unavailable for rent;
3. Housing accommodations in hotels, motels, inns or
tourist homes;
4. Housing accommodations in retirement or nursing
homes;
5. Housing accommodations in any hospital, State-
licensed community care facility, convent, monastery or other
facility occupied exclusively by members of a religious order or an
extended medical care facility;
6. Housing accommodations that a government unit,
agency or authority owns, operates or manages, or which are
specifically exempted from municipal regulation by State or federal
law or administrative regulation. This exception shall not apply
once the governmental ownership, operation or management
regulation is discontinued.
(Ord. 2281 §1 (part), 2010)
5.06.040 Residential Rental Business License
Requirement
A. Every rental unit owner shall obtain an annual residential
rental business license, pursuant to Title 5 of the Tukwila Municipal
Code, prior to operating, leasing or causing to be leased a rental
unit. Rental unit owners must file a written application annually
with the Department for each rental location to be leased. To be
considered for approval, residential rental business license
applications must be complete and include:
1. Completed and signed Residential Rental Business
License Application provided by the City.
2. Appropriate application fee as set forth in the fee
schedule adopted by resolution of the City Council. Late fees will
be due for applications filed March 1st or later.
3. For multi-family buildings with 2 or more units,
documentation of an ongoing integrated pest management (IPM)
program. This could be provided by a property manager trained
in IPM or a contract with a pest control company.
B. Failure to obtain a residential rental business license will
result in the inability to rent the unit.
(Ord. 2519 §2, 2016; Ord. 2281 §1 (part), 2010)
5.06.050 Inspection Required
A. The property owner is responsible for obtaining an
inspection of each rental unit and submitting the Inspection
Checklist to the code official no later than September 30 of the
year the Certificate of Compliance expires.
B. When a unit changes from owner occupancy to a rental,
the inspection must occur before the unit is occupied by the tenant.
An inspection is not required the year a Certificate of Occupancy
is issued for a newly-constructed building, and thereafter the
building will be inspected according to the quadrant in which it is
located.
C. Owners of complexes with 5 or more units are required
to utilize a non-City inspector. Owners of rental properties with
fewer than 5 units may utilize a City inspector or a non-City
inspector. Non-City inspectors must meet the qualifications
defined herein, be preapproved by the City, and may not have a
financial interest in the property. The City shall provide the
Inspection Checklist to the owner with the application form.
D. The code official shall issue a Certificate of Compliance
for rental units that comply with applicable laws based on a
submitted Inspection Checklist. If using a non-City inspector, the
owner shall be responsible for making the inspection
arrangements with the non-City inspector.
E. The code official shall audit Inspection Checklists
submitted by private inspectors and based on audit results may
reinspect units on that property or inspected by that inspector.
F. Submittal of an Inspection Checklist that the owner
knows or should have known is false may result in revocation of
the residential rental business license and penalties defined in
TMC Section 5.06.200.
G. An Inspector may be removed from the City’s approved
list for reasons including, but not limited to:
1. Submittal of an Inspection Checklist that the
inspector knows or should have known is false.
2. Conviction for any crime that occurs in connection
with an inspection.
3. Failure to hold a valid Tukwila business license.
(Ord. 2600 §1, 2018; Ord. 2519 §3, 2016;
Ord. 2459 §2, 2014; Ord. 2281 §1 (part), 2010)
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5.06.060 Inspection Consent
Owners shall make every effort to make units available for
inspection pursuant to this chapter. If the owner fails to arrange for
a non-City inspector and/or the owner or occupants do not consent
to City entry for inspection, the code official may not force or
otherwise attempt to gain entry except in accordance with a court
warrant authorizing entry for the purpose of inspection.
(Ord. 2281 §1 (part), 2010)
5.06.070 Rental Inspection Deficiency Point System
A. The code official shall prepare and shall keep on file for
public inspection the rental inspection deficiency point system
used in the point calculation procedure set forth herein. The code
official shall assign points according to the severity of each code
violation on a scale of 1 to 25. Except when otherwise provided
by State law, conditions in the design or structure of a building
such as, but not limited to, the size and dimension of rooms and
windows and the electrical and plumbing systems that were legal
under existing codes when built, shall not be violations as long as
they are maintained in good repair. A violation noted during the
inspection shall receive the assigned point value.
B. A rental unit shall be considered unfit for occupancy if it
fails an inspection by 25 points or more.
(Ord. 2281 §1 (part), 2010)
5.06.080 Inspection Checklist
As a condition of the issuance of a residential rental business
license, the owner shall provide a completed Inspection Checklist
signed by the inspector showing the current condition of the rental
unit. The code official shall issue a Certificate of Compliance upon
receipt of the inspection results indicating compliance with the
applicable laws pursuant to this chapter.
(Ord. 2459 §3, 2014; Ord. 2281 §1 (part), 2010)
5.06.090 Deficiencies
Items to be inspected are weighted according to a point
system established by the City. Accrual of 25 points or more for
deficiencies constitutes a failure of the inspection and requires
correction. The inspector shall provide the owner and the City
written notice of each deficiency disclosed by inspection. A
Certificate of Compliance shall not be issued until the Inspection
Checklist indicates a score of less than 25 points. Repairs
required to bring the unit into compliance are the responsibility of
the owner. Rental units shall be subject to re-inspections pursuant
to TMC Section 5.06.110.
(Ord. 2459 §4, 2014; Ord. 2281 §1 (part), 2010)
5.06.100 Violations
If an inspection of a rental unit conducted pursuant to this
chapter reveals deficiencies of 25 points or more on the Inspection
Checklist, the violation must be cured within 30 days. If upon re-
inspection, the unit reveals deficiencies of 25 points or more, the
City’s code official may seek any remedies permitted by law
including, but not limited to, denial or revocation of a residential
rental business license for that unit pursuant to Title 5 of the
Tukwila Municipal Code, and abatement proceedings pursuant to
Chapter 8.45 of the Tukwila Municipal Code. The City may seek
legal or equitable relief to enjoin any act or practice that constitutes
or will constitute a violation of any regulation under this chapter.
(Ord. 2459 §5, 2014; Ord. 2281 §1 (part), 2010)
5.06.110 Re-inspections
A rental unit that exhibits deficiencies of 25 points or more on
the Inspection Checklist shall be subject to a re-inspection and re-
inspection fee as set forth in the City’s fee schedule adopted
pursuant to this chapter.
(Ord. 2459 §6, 2014; Ord. 2281 §1 (part), 2010)
5.06.120 Notice of Non-Issuance of Certificate of
Compliance
If, upon re-inspection, the inspector determines a rental unit
is unfit for occupancy by failing an inspection by 25 points or more,
the City shall provide the owner with written notice of non-issuance
of Certificate of Compliance. Such notice shall specify the date of
the non-issuance determination, the rental unit address, the name
of the owner, the name of the inspector and the specific reasons
for the non-issuance determination. Failure to obtain a Certificate
of Compliance will result in the non-issuance or revocation of the
rental business license for that unit. The unit shall be posted Unfit
for Occupancy. Tenants, if any, shall be required to vacate.
Relocation Assistance pursuant to TMC 8.46 may apply.
(Ord. 2281 §1 (part), 2010)
5.06.130 Contents of Certificate of Compliance
Certificate of Compliance shall specify the date of issuance,
the rental unit address, the name of the owner to whom the
certificate is issued, the expiration date of the Certificate, and an
indication the rental unit complies with applicable laws as far as
could be determined by inspection.
(Ord. 2459 §7, 2014; Ord. 2281 §1 (part), 2010)
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5.06.140 Certificate of Compliance Validity and
Renewal
Certificates of Compliance expire on December 31, four years
from the date of issuance by the City. Failure to renew the
Certificate of Compliance every four years shall result in the non-
issuance or revocation of the rental business license for that unit.
Rental properties that are registered and continue to meet all the
requirements of the City’s Crime-Free Rental Housing Program, or
other City-administered program to certify rental properties as
working proactively at crime prevention, may extend their required
rental inspection schedule to once every 8 years. If participation
in such program is terminated due to failure to meet program
requirements or for any other reason, the rental inspection shall
be due at the end of the calendar year of the year of termination
or 4 years from the last inspection, whichever is later.
Furthermore, if a property registered in the Crime-Free Rental
Housing Program, or any other City-administered program to
certify rental properties as working proactively at crime prevention,
is the subject of 3 or more code violation complaints verified by the
City in any 6-month period for violations affecting the habitability
of a residential unit, the property will revert to a 4-year inspection
cycle.
(Ord. 2519 §4, 2016; Ord. 2459 §8, 2014;
Ord. 2281 §1 (part), 2010)
5.06.150 Notice
All notices issued pursuant to this chapter shall provide the
address and phone number where additional information
concerning the inspection may be obtained. Notice to the owner
and occupants shall be mailed by first-class mail to the owner’s
last known address as it appears in the records of the county
assessor or other address provided by the owner.
(Ord. 2459 §9, 2014; Ord. 2281 §1 (part), 2010)
5.06.160 Authority
The code official shall be responsible for enforcement and
administration of this ordinance.
(Ord. 2281 §1 (part), 2010)
5.06.170 Administrative Regulations
The code official is authorized and directed to promulgate
administrative regulations pertaining to the implementation of this
chapter.
(Ord. 2281 §1 (part), 2010)
5.06.180 Complaint-Based Inspections
Nothing contained herein shall prevent or restrict the authority
of the City’s code official to inspect any unit or premises thereof in
response to a complaint alleging code violations or other violations
of law at such unit and to pursue all code enforcement remedies
available under this code or other laws following such a complaint-
based inspection of a unit.
(Ord. 2281 §1 (part), 2010)
5.06.190 Voluntary Inspection Requests
Nothing in this chapter shall be construed to prohibit an owner
from voluntarily requesting an inspection to determine whether a
rental unit complies with applicable laws, even though such
inspection may not be required pursuant to this chapter. Such
voluntary inspection requests shall be subject to all of the
provisions of this chapter including, but not limited to, the
provisions governing applications and fees.
(Ord. 2281 §1 (part), 2010)
5.06.200 Penalties
A. Violations of the provisions of this chapter shall be
subject to enforcement and penalties as prescribed in TMC
Chapter 8.45 and the issuance of a Notice of Violation in
accordance with TMC Section 8.45.070.
B. Any violation of this chapter that constitutes an
immediate health or safety threat shall constitute a public
nuisance.
C. In addition to penalties, the City shall not issue or shall
revoke the unit’s business license and require that the unit be
vacated until the unit is brought into compliance.
(Ord. 2549 §3, 2017; Ord. 2281 §1 (part), 2010)
5.06.210 Appeal
A. The owner may appeal the non-issuance of a Certificate
of Compliance by filing a written notice of appeal with the City
Clerk within 10 calendar days following receipt of the notice of non-
issuance. The notice of appeal must state the grounds for appeal,
including a detailed explanation of why the decision was incorrect.
The notice of appeal must be accompanied by an Appeal Fee in
accordance with the fee schedule adopted by resolution of the City
Council. A timely notice of appeal shall stay the effect of the notice
of non-issuance until the City’s Hearing Examiner or other hearing
body issues a written decision on the appeal.
B. Upon timely filing of a notice of appeal, the Finance
Director shall schedule a hearing on the appeal before the City’s
Hearing Examiner or other hearing body. The hearing shall be
conducted no later than 30 business days from the date of the
notice of appeal, unless an extension is agreed to by the appellant
or otherwise ordered by the Hearing Examiner or other hearing
body for good cause shown. Notice of the hearing will be mailed
to the owner.
C. The hearing shall be de novo. The decision of the City’s
Hearing Examiner or other hearing body shall be based upon a
preponderance of the evidence. The burden of proof shall be on
the appellant. The Hearing Examiner or other hearing body may
affirm, reverse or modify the Finance Director’s decision.
D. Within 20 business days, excluding holidays recognized
by the City of Tukwila, from the date of the hearing on an appeal
under this section, the Hearing Examiner or other hearing body
shall issue a written decision, which shall set forth the reasons
therefor.
(Ord. 2496 §7, 2016; Ord. 2281 §1 (part), 2010)
5.06.220 Annual Review and Report
The code official shall conduct an annual review of the
Residential Rental Business License and Inspection Program and
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shall submit an annual report of the program’s effectiveness to the
City Council.
(Ord. 2281 §1 (part), 2010)
5.06.230 Immediate Health and Safety Threats
Nothing in this ordinance shall limit the City’s ability to inspect
properties and issue citations for property-related conditions that
may constitute an immediate health or safety threat.
(Ord. 2281 §1 (part), 2010)
5.06.240 No Warranty by City
By enacting and undertaking to enforce this program, the City,
City Council, its agents and employees do not warrant or
guarantee the safety, fitness or suitability of any dwelling in the
City or any unit inspected under this program. Owners and
occupants should take whatever steps they deem appropriate to
protect their interests, health, safety and welfare.
(Ord. 2281 §1 (part), 2010)
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CHAPTER 5.08
CABARETS
Sections:
5.08.010 Definitions
5.08.020 Chapter exemption
5.08.030 Cabaret license required – Fee
5.08.040 Licenses - Restrictions
5.08.050 License application procedure
5.08.055 Licenses – Subject to State Liquor and Cannabis
Board Rule
5.08.060 Grounds for denial of application
5.08.070 Revocation or suspension of licenses
5.08.080 Appeals and hearing
5.08.090 Minors – Employment
5.08.100 License posting
5.08.110 Hours of operation – Penalty for violation
5.08.120 Complaint investigation
5.08.010 Definitions
When used in this chapter and unless otherwise distinctly
expressed, the following words and phrases shall have the
meaning set out in this section:
1. “Cabaret” means any room, place or space
whatsoever in the City in which any music, singing, dancing or
other similar entertainment is permitted in connection with any
hotel, restaurant, café, club, tavern, or eating place selling,
serving, or providing the public, with or without charge, food and/or
liquor. The words “music” and “entertainment” as used in this
chapter shall not apply to radios, televisions, juke boxes or similar
mechanical or technical devices.
2. “Persons” means any individual, firm, corporation,
company, partnership, marital community, association, an
unincorporated association, any person acting in a fiduciary
capacity, or other entity or group of persons however organized.
3. “Liquor” shall have the definition set forth in RCW
66.04.010.
(Ord. 2496 §8, 2016; Ord. 1586 §2 (part), 1990)
5.08.020 Chapter exemption
This chapter shall not apply to any person conducting or
engaging in a business providing entertainment or amusement
where any admission or similar charges therefor are to be used
exclusively for charitable, eleemosynary, educational or religious
purposes.
(Ord. 1586 §2 (part), 1990)
5.08.030 Cabaret license required – Fee
It is unlawful to conduct, open up, 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
cabaret license fee shall be paid annually, in accordance with the
fee schedule adopted by resolution of the City Council. Each such
license shall be non-assignable and nontransferable, and the fee
paid shall be nonrefundable.
(Ord. 2496 §9, 2016; Ord. 2355 §1, 2011;
Ord. 1586 §2 (part), 1990)
5.08.040 Licenses - Restrictions
A. No “cabaret license” shall be issued to:
1. A natural person who has not attained the age of 21
years, except that licenses may be issued to persons who have
attained the age of 18 with respect to cabarets where no
intoxicating liquors are served or provided.
2. A person who has been convicted of or forfeited bail
for any of the following within three years prior to filing the
application.
a. A felony which is reasonably related to a person’s
fitness or ability to conduct, manage or operate a cabaret.
b. A violation of any federal or state law or city
ordinance concerning the manufacture, possession, or sale of
liquor.
c. A violation of any federal or state law or city
ordinance concerning the manufacture, possession or sale of
narcotics.
3. A person whose place of business is conducted by a
manager or agent, unless such manager or agent possesses the
same qualifications required by the licensee.
4. A partnership, unless all members of the partnership
are qualified to obtain a license under this chapter.
5. A corporation, unless all of its officers, directors and
stockholders are qualified to obtain a license under this chapter.
(Ord. 2496 §10, 2016; Ord. 2355 §2, 2011; Ord. 1648 §1, 1992;
Ord. 1586 §2 (part), 1990)
5.08.050 License application procedure
A. Cabaret License. An applicant for a cabaret license
shall make application therefor on the application forms provided
by the Finance Director. Each such application form shall require
the following information:
1. The name, home address, home telephone number,
date and place of birth, and social security number of the applicant,
if the applicant is an individual;
2. The names, home addresses, home telephone
numbers, dates and places of birth, and social security numbers
of the officers and directors of the applicant, if the applicant is a
partnership. If the applicant is any other type of business entity,
then the applicant shall provide the same information requested in
this subsection for all managers or other persons who control the
business decisions of that entity;
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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. 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 shall promptly notify the Finance Director in writing and
provide current information.
C. All Completed Applications. A completed application
shall be submitted to the Finance Director. An application shall
not be considered to be completed unless accompanied by a
receipt or other notation from the City showing payment of the
required license fee, in accordance with the fee schedule adopted
by the City Council. The Finance Director shall refer a completed
application to the following City department heads for investigation
and report as follows:
1. The Chief of Police shall provide a criminal history
record of the applicant;
2. The Director of the Department of Community
Development shall provide a report stating whether or not the
application or premises of the business reflect any actual or
potential violations of the City zoning code; and
3. The Building Official shall provide a report indicating
whether or not said premises are in compliance with all applicable
health, safety and building statutes and regulations.
(Ord. 2496 §11, 2016; Ord. 2355 §3, 2011;
Ord. 1586 §2 (part), 1990)
5.08.055 Licenses – Subject to State Liquor and
Cannabis Board Rules
Any license issued pursuant to this chapter shall be subject to
any rules or regulations of the Washington State Liquor and
Cannabis Board relating to the sale of intoxicating liquor.
(Ord. 2496 §12, 2016)
5.08.060 Grounds for denial of application
Upon receipt of a completed application and reports from the
above-named officials, a license application shall be approved,
except that said application shall be denied for any one or more of
the following reasons:
1. Application form is incomplete; or
2. Purpose of business sought to be licensed does not
comply with the requirements of any City ordinance(s) relating to
fire, buildings, health and sanitation or is, or will be if licensed, in
violation of the City zoning code as determined by the reports from
the above-named officials; or
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.
(Ord. 2355 §4, 2011; Ord. 1586 §2 (part), 1990)
5.08.070 Revocation or suspension of licenses
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.
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.
(Ord. 2355 §5, 2011; Ord. 1586 §2 (part), 1990)
5.08.080 Appeals and hearing
A. Receipt of the Notice of Denial, Suspension or
Revocation. The Notice of Denial, Suspension or Revocation
shall be: (1) sent to the applicant or license holder by registered
mail at the address provided on the license application; (2) hand
delivered to the address provided on the license application; or (3)
posted upon the premises where such applicant or license holder
conducts the business that is the subject of the denied, suspended
or revoked license. Notice shall be deemed received by the
applicant or license holder upon posting, hand delivery, or 3
business days after mailing, whichever occurs first.
B. The applicant or license holder may appeal the decision
of the Finance Director to suspend, deny or revoke a cabaret
license by filing a written notice of appeal to the City Clerk within
10 calendar days following receipt of the Notice of Denial,
Suspension or Revocation. The notice of appeal must state the
grounds for appeal, including a detailed explanation of why the
decision to suspend, deny or revoke was incorrect. The notice of
appeal must be accompanied by an Appeal Fee in accordance
with the fee schedule adopted by resolution of the City Council. A
timely notice of appeal shall stay the effect of the notice of
suspension, non-issuance or revocation until the City’s Hearing
Examiner or other hearing body issues a written decision on the
appeal.
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C. Upon timely filing of a notice of appeal, the Finance
Director shall schedule a hearing on the appeal before the City’s
Hearing Examiner or other hearing body. The hearing shall be
conducted no later than 30 days from the date of the notice of
appeal, unless an extension is agreed to by the appellant or
otherwise ordered by the Hearing Examiner or other hearing body
for good cause shown. Notice of the hearing will be mailed to the
applicant or licensee.
D. The hearing shall be de novo. The decision of the City
Hearing Examiner or other hearing body shall be based upon a
preponderance of the evidence. The burden of proof shall be on
the appellant. The Hearing Examiner or other hearing body may
affirm, reverse or modify the Finance Director’s decision.
E. Within 20 business days, excluding holidays recognized
by the City of Tukwila, from the date of the hearing on an appeal
under this section, the Hearing Examiner or other hearing body
shall issue a written decision which shall set forth the reasons
therefor.
(Ord. 2496 §13, 2016; Ord. 2381 §7, 2012; Ord. 2355 §6, 2011;
Ord. 1796 §3 (part), 1997; Ord. 1586 §2 (part), 1990)
5.08.090 Minors – Employment
The following statutes, regulation, and amendments thereto,
are adopted and incorporated by references herein:
RCW 66.44.010
66.44.316
66.44.340
66.44.350
WAC 314-16-070
314-16-075
(Ord. 1586 §2 (part), 1990)
5.08.100 License posting
All licenses issued hereunder shall be posted in a con-
spicuous place in the establishment of the licensee.
(Ord. 1586 §2 (part), 1990)
5.08.110 Hours of operation – Penalty for violation
A. It is unlawful for the owner, proprietor or person in charge
of a cabaret to maintain or permit any dancing or music on the
premises of the cabaret between the hours of 2:00 AM and 6:00
AM.
B. Any person violating this section, or any section of this
chapter, shall be deemed guilty of a misdemeanor and, upon
conviction thereof, shall be punished by a fine not to exceed
$500.00, or imprisonment not exceeding 90 days, or by both such
fine and imprisonment. A separate offense shall be deemed
committed upon each day on which a violation occurs.
(Ord. 1586 §2 (part), 1990)
5.08.120 Complaint investigation
The Chief of Police or his duly authorized representative shall
promptly investigate all complaints against any establishment,
operator or manager holding a cabaret license.
(Ord. 1586 §2 (part), 1990)
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CHAPTER 5.10
ADULT CABARETS
Sections:
5.10.010 Purpose
5.10.020 Definitions
5.10.030 Adult Cabaret Licenses, Fees, Terms, Assignments
and Renewals
5.10.040 Manager’s Licenses and Entertainer’s Licenses,
Fees, Terms, Assignments and Renewals
5.10.050 License Applications
5.10.060 Issuance of Licenses and Renewals
5.10.070 Lewd Performance
5.10.080 Premises Configuration Requirements
5.10.090 Revocation or Suspension of Licenses
5.10.100 Appeals
5.10.110 Violation
5.10.120 Civil Remedies – Abatement
5.10.130 Other Remedies
5.10.140 Compliance With Other Ordinances
5.10.150 No Private Right of Action
This Chapter was repealed by Ordinance 2575, May 2018
.
CHAPTER 5.12
PEDDLERS/SOLICITORS
Sections:
5.12.010 Definitions
5.12.020 License required – exemptions
5.12.030 License – application
5.12.040 Investigation of applicant – issuance and denial of
license
5.12.050 Photo identification exhibited
5.12.060 License expiration
5.12.070 License – revocation
5.12.080 Appeals
5.12.090 Use of streets
5.12.100 Hours and notice
5.12.110 Penalty for violation
5.12.120 Remedies are cumulative
5.12.010 Definitions
A “peddler/solicitor” is defined as follows:
1. All persons, both principals and agents, as well as
employers and employees, who shall sell, offer for or expose for
sale, or who shall trade, deal or traffic in any personal property or
services in the City of Tukwila by going from house to house, from
place to place, or by indiscriminately approaching individuals from
a location on any street, alley, sidewalk or other public
thoroughfare.
2. Any person, both principals and agents, as well as
employers and employees, who, while selling or offering for sale,
any goods, wares, merchandise or anything of value, stands in a
doorway or any unenclosed vacant lot, parcel of land, or in any
other place not used by such person as a permanent place of
business.
(Ord 1887 §2, 1999)
5.12.020 License required – exemptions
A. No person, corporation, partnership or other organization
shall engage in the business of a peddler within the corporate
limits of the City of Tukwila without first obtaining a license to do
so. If an individual is acting as an agent for or employed by an
individual, corporation, partnership or other organization, both the
individual and the employer or principal for whom the individual is
peddling must obtain a license to conduct business.
B. The following persons are exempt from the license
requirements and fee provisions of this chapter upon establishing
proof of exempt status:
1. Farmers, gardeners or other persons who deliver or
peddle any agricultural, horticultural, or farm products which they
have actually grown, harvested or produced, provided that this
exemption does not apply to the sale of firewood;
2. Any person selling or delivering door-to-door or on
an established route, milk or milk products, bakery goods, or
laundry and dry cleaning services;
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3. Newspaper carriers who deliver door-to-door on an
established route(s);
4. Any person who is specifically requested to call upon
others for the purpose of displaying goods, literature or giving
information about any article, service or product;
5. Charitable, religious or nonprofit organizations or
corporations which have received tax exempt status under 26
U.S.C. 501 (c)(3) or other similar civic, charitable or nonprofit
organizations; and
6. Bona fide candidates, campaign workers and
political committees campaigning on behalf of candidates or on
ballot issues and persons soliciting signatures of registered voters
on petitions to be submitted to any governmental agency.
(Ord 1887 §3, 1999)
5.12.030 License – application
A. Applicants for a license under this chapter must be at
least 18 years of age and must file with the Finance Director an
application in writing on a form to be furnished by the City. The
license issued pursuant to this chapter shall be renewed annually.
At the time of initial application or renewal, the applicant shall
present picture identification which shall include:
1. a motor vehicle operator’s license, issued by the
State of Washington, bearing the applicant’s photograph, date of
birth, and signature; or
2. a Washington State-issued identification card
bearing the applicant’s photograph, date of birth, and signature; or
3. a valid US Passport
B. All applicants shall provide the following information on
the application:
1. Name, description of applicant, and date of birth.
2. Permanent home address and local address of
applicant.
3. Telephone number.
4. A brief description of the nature of the business and
the goods or services to be sold.
5. If employed by another, the address and name of the
employer and a statement of the exact relationship between the
applicant and the employer.
6. If a vehicle is to be used, a description of the same,
including the license number.
7. A statement as to whether or not the applicant has
been convicted of any crime within the last ten years, including
misdemeanors, gross misdemeanors, or violations of any
municipal ordinance; the nature of the offense; and the
punishment or penalty assessed therefore.
8. A statement that a license, if granted, will not be
used or represented as an endorsement by the City for
solicitations thereunder.
9. For all sales occurring on a parcel of private
property, the following must accompany the application:
a. The name and signature of the property owner
authorizing the use of the parcel.
b. Other such information as may be required by the
City.
C. Any individual, corporation, partnership or other
organization which acts as the principal or employer for individual
peddlers shall obtain a license as provided herein and shall
provide the following information on the application in addition to
any information required as set forth above:
1. The applicant’s name, address and telephone
number and the names and addresses of all individuals who are
employed by or acting as an agent for the applicant.
2. If a corporation, the names, addresses and
telephone numbers of the corporation’s board of directors,
principal officers and registered agent.
3. If a partnership, the names, addresses and
telephone numbers of the partners.
4. A list of any criminal convictions during the past ten
years for the applicant, any owners of the business, and if a
corporation, the board of directors and officers.
5. Name, address and telephone numbers (business
and home) of the individual, if applicable, acting as the manager
for the applicants.
6. A list of all other cities, towns and counties where the
applicant has obtained a peddler’s permit or similar permit within
the past five years.
7. Other information as may be required by the City.
D. At the time of filing, each applicant will have their photo
taken by City staff. Such photo will show the applicant’s head and
shoulders in a clear and distinguishing manner and will be used
for issuance of picture identification as referenced in TMC
5.12.050.
E. At the time of filing, each applicant shall pay a non-
refundable fee in an amount in accordance with the fee schedule
adopted by resolution of the City Council to cover the City’s cost
of investigation and the issuance of a permit, including each
peddler, principals and/or employer.
(Ord. 2496 §14, 2016; Ord 1887 §4, 1999)
5.12.040 Investigation of applicant – issuance and
denial of license
A. The Finance Director shall refer the application to the
Police Department, which shall determine the accuracy of the
information contained in the application and conduct a criminal
history background investigation of the applicant. The applicant’s
information shall be submitted to the Washington State Patrol
Identification and Criminal History Section (WASIS). Any
Washington State criminal history conviction records on the
applicant shall be provided to and reviewed by the City of Tukwila
Police Department. The applicant shall submit an additional fee
for the WATCH (Washington Access to Criminal History)
background check in accordance with the fee schedule to be
adopted by resolution of the City Council. Upon completion of the
investigation, the Police Department shall forward a
recommendation for approval or denial to the Finance Director.
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:
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1. Committed any act consisting of fraud or
misrepresentation;
2. Committed any act which, if committed by a license
holder, would be grounds for suspension or revocation of a
license;
3. Within the previous 10 years, been convicted of a
misdemeanor or felony directly relating to the occupation of
peddler, including, but not limited to, those misdemeanors and
felonies involving moral turpitude, fraud or misrepresentation;
4. Been refused a license under the provisions of the
chapter; providing, however, that any applicant denied a permit
under the provisions of this chapter may reapply if and when the
reasons for denial no longer exist; or
5. Made any false or misleading statement in the
application.
C. The denial of a license to an individual, corporation,
partnership or other organization which serves as the employer or
principal for individual peddlers, shall be a sufficient basis to deny
a license to the individual applicants who are employed by or
acting as an agent for the applicant.
D. The notice of non-issuance of a peddler’s license shall be
sent to the applicant or license holder by registered mail at the
address provided on the license application. Notice shall be
deemed received by the applicant 3 business days after mailing.
(Ord. 2496 §16, 2016; Ord. 2496 §15, 2016;
Ord 2355 §12, 2011; Ord 1887 §5, 1999)
5.12.050 Photo identification exhibited
Peddlers are required to exhibit their photo identification card
in a fully visible manner, on their person, while conducting any
peddling activities.
(Ord 1887 §6, 1999)
5.12.060 License expiration
All licenses issued pursuant to this chapter are
nontransferable and valid for the calendar year in which issued
unless otherwise revoked or suspended. License fees shall not
be prorated for any portion of the year.
(Ord 1887 §7, 1999)
5.12.070 License – revocation
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.
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 deemed received by the license holder 3
business days after mailing, and the revocation shall be effective
10 days immediately thereafter.
(Ord. 2496 §17, 2016; Ord 2335 §13, 2011; Ord 1887 §8, 1999)
5.12.080 Appeals and hearing
A. The applicant or license holder may appeal the decision
of the Finance Director to not issue or revoke a peddler’s license
by filing a written notice of appeal with the City Clerk within 10
calendar days following receipt of the notice of non-issuance or
revocation. The notice of appeal must state the grounds for
appeal, including a detailed explanation of why the decision was
incorrect. The notice of appeal must be accompanied by an
Appeal Fee in accordance with the fee schedule adopted by
resolution of the City Council. A timely notice of appeal shall stay
the effect of the notice of non-issuance or revocation until the
Hearing Examiner or other hearing body issues a written decision
on the appeal.
B. Upon timely filing of a notice of appeal, the Finance
Director shall schedule a hearing on the appeal before the City’s
Hearing Examiner or other hearing body. The hearing shall be
conducted no later than 30 days from the date of the notice of
appeal, unless an extension is agreed to by the appellant or
otherwise ordered by the Hearing Examiner or other hearing body
for good cause shown. Notice of the hearing will be mailed to the
applicant or licensee.
C. The hearing shall be de novo. The decision of the City’s
Hearing Examiner or other hearing body shall be based upon a
preponderance of the evidence. The burden of proof shall be on
the appellant. The Hearing Examiner or other hearing body may
affirm, reverse or modify the Finance Director’s decision.
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D. Within 20 business days, excluding holidays recognized
by the City of Tukwila, from the date of the hearing on an appeal
under this section, the Hearing Examiner or other hearing body
shall issue a written decision, which shall set forth the reasons
therefor.
(Ord. 2496 §18, 2016; Ord 1887 §9, 1999)
5.12.090 Use of streets
No peddler shall have any exclusive right to any location in
the public streets or publicly-owned right-of-way, nor be permitted
a stationary location, nor be permitted to operate in any congested
area where operations might impede or inconvenience the public.
For purposes of this section, the judgment of a police officer,
exercised in good faith, shall be conclusive as to whether the area
is congested or the public impeded or inconvenienced.
(Ord 1887 §10, 1999)
5.12.100 Hours and notice
No person shall engage in the business of peddler between
the hours of 8:00PM and 8:00AM.
(Ord 1887 §11, 1999)
5.12.110 Penalty for violation
Violation of any terms of this chapter shall constitute a
misdemeanor, and any person convicted of such offense shall be
punished by a fine of up to $1,000 and/or imprisonment for a term
not to exceed 180 days.
(Ord 1887 §12, 1999)
5.12.120 Remedies are cumulative
The remedies provided for in this chapter to address non-
compliance in this chapter are cumulative and shall be in addition
to other remedies available in equity or at law.
(Ord 1887 §13, 1999)
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CHAPTER 5.16
CARD AND POOL ROOMS
Sections:
5.16.010 General
5.16.010 Card and Pool Rooms
This Chapter was repealed by Ordinance 2315,
November 2010
CHAPTER 5.20
CERTAIN GAMBLING ACTIVITIES
PROHIBITED
Sections:
5.20.010 General
5.20.010 Prohibition Against Social Card Rooms
Operated as a Commercial Stimulant
This Chapter was repealed by Ordinance 2363,
December 2011.
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CHAPTER 5.32
TRAILER PARKS
Sections:
5.32.010 General
5.32.010 Trailer Parks
This Chapter was repealed by Ordinance 2355,
November 2011
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CHAPTER 5.36
ROCK QUARRIES
Sections:
5.36.010 Quarry defined
5.36.020 License required
5.36.030 Council investigation
5.36.040 License issuance
5.36.050 Business tax
5.36.060 Dirt and waste removal exemption from tax
5.36.070 Weighing rock or coal on lawful scale
5.36.080 Record of weight required
5.36.090 Statement of weight to City Council
5.36.100 Hours of operation
5.36.110 Operating rock crusher within City limits unlawful
5.36.120 Compliance with State and City laws required
5.36.130 Removal of debris
5.36.140 Liability
5.36.150 Compliance with State Highway Department
5.36.160 Impairing lateral support of adjacent land
5.36.170 Grade level depth
5.36.180 Removal of temporary buildings
5.36.190 License revocation
5.36.200 Guarantee to pay damages
5.36.010 Quarry defined
“Quarry” as described in this chapter, means any place within
the City where rock is removed with machinery.
(Ord. 182 §1, 1948)
5.36.020 License required
It is unlawful for any person, firm or corporation to operate a
quarry within the corporate limits of the City without having first
secured from the City Council a license to operate the quarry. The
application for a license shall state the location of the proposed
quarry and the number of years for which the license is required.
(Ord. 182 §2, 1948)
5.36.030 Council investigation
Upon the request for a license to operate a quarry within the
City limits, the City Council shall investigate such request, giving
special consideration to the location of the proposed quarry and
the desirability of a quarry in such a location. The Council’s
decision shall be made without delay and shall be final.
(Ord. 182 §3, 1948)
5.36.040 License issuance
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.
(Ord. 2355 §14, 2011; Ord. 182 §4, 1948)
5.36.050 Business tax
A. The operator of a quarry shall be required to pay to the
City a business tax of two cents per ton on all rock removed from
the premises, which is suitable for rockery work, construction
work, rip-rapping or road work.
B. The operator shall pay to the City a business tax of five
cents per ton on all coal removed from the premises but shall be
privileged to leave on the premises, as waste, any coal of which
he cannot profitably dispose.
(Ord. 182 §5, 1948)
5.36.060 Dirt and waste removal exempt from tax
The operator of a quarry may remove dirt and waste material,
as defined in this chapter, other than coal, from the premises
without paying a business tax. Waste, as defined in this chapter,
shall be only the material that will not be sold.
(Ord. 182 §6, 1948)
5.36.070 Weighing rock or coal on lawful scale
No rock or coal shall be removed from the licensed premises
without having been weighed upon an accurate and lawful scale,
which shall be open to the inspection of the City Council or its
authorized representative at any time.
(Ord. 182 §7, 1948)
5.36.080 Record of weight required
A record of each load weighed shall be entered, at the time of
weighing, in a permanent bound book, to be kept on the premises,
and the load slip for each truck load removed, showing the time,
weight and type of material, whether rock or coal, shall be made
out and signed by the weight-master and the driver of the truck,
and shall be retained by the operator for the examination by the
City Council or its authorized representative. Such load slips shall
be on a special printed form bearing consecutively numbered
serial numbers, and each slip shall be accounted for. All such
records shall be made in duplicate and the City furnished with a
copy. Records shall be carefully preserved by the operator and
be constantly available to the City Council or its authorized
representative for audit or inspection.
(Ord. 182 §8, 1948)
5.36.090 Statement of weight to City Council
On the 15th day of each month the operator shall furnish to the
City Council a written statement showing the weight of all rock and
coal removed from the premises during the preceding month, and
at the same time shall remit therefor.
(Ord. 182 §9, 1948)
5.36.100 Hours of operation
The quarry shall be operated only on regular working days.
The hours of operation shall be between the hours of 6:00 a.m.
and 8:00 p.m. on regular working days.
(Ord. 182 §10, 1948)
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5.36.110 Operating rock crusher within City limits
unlawful
It is unlawful for any person, firm or corporation to operate a
rock crusher within the corporate limits of the City.
(Ord. 182 §11, 1948)
5.36.120 Compliance with State and City laws
required
The operator of a quarry shall at all times conduct the
operation of the quarry in compliance with all requirements of the
laws of the State and the City, and legally authorized requirements
of public officials, and shall not commit or permit any nuisance on
the premises where operating.
(Ord. 182 §12, 1948)
5.36.130 Removal of debris
All wood waste and other debris shall be burned or removed
from the premises by the operator and must not be allowed to
accumulate.
(Ord. 182 §13, 1948)
5.36.140 Liability
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.
(Ord. 2355 §15, 2011; Ord. 182 §14, 1948)
5.36.150 Compliance with State Highway Department
The operator must comply with all requirements of the State
Highway Department in all matters such as safety, approaches,
fills and culverts.
(Ord. 182 §15, 1948)
5.36.160 Impairing lateral support of adjacent land
The operator shall not impair the lateral support of any
adjacent land and in any event shall not, as the result of any
excavation, mining or quarrying done by him, leave the property
with any slope thereon steeper than a fall of 100 feet and 25 lateral
feet if the surface of the slope is solid stone, or such lesser grade
as may be reasonably necessary to provide an angle of repose
and safety if the surface of the slope is of softer material or liable
to slough by reason of cracking or crumbling.
(Ord. 182 §16, 1948)
5.36.170 Grade level depth
If the lower level of operation shall be along a street or
highway, the grade shall be left level with the street or highway for
a depth of 100 feet. Grade level depth must be maintained parallel
to the street or highway for the entire distance of operation.
(Ord. 182 §17, 1948)
5.36.180 Removal of temporary buildings
All buildings not of a permanent nature must be removed
when the period of operation is ended.
(Ord. 182 §18, 1948)
5.36.190 License revocation
If any amount of the tax, to be paid under the terms of this
chapter, becomes due and remains unpaid, or if default is made in
any of the sections herein contained, the license so issued shall
be revoked.
(Ord. 182 §19, 1948)
5.36.200 Guarantee to pay damages
The applicant for a license to operate a quarry shall be
required to sign a guarantee to pay, or to have his insurance
company pay, any and all damages that may be made against the
City by any person or persons on account of injury or damage to
persons or property occasioned by, or in any manner resulting
from, the operation of a quarry under his license. In the event of
any damage or injury occurring and an action being brought
against the City therefor, the City shall promptly notify the operator
and his insurance company of the commencement of the suit and
notify him or them to take charge of the defense thereof.
(Ord. 182 §20, 1948)
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CHAPTER 5.40
MASSAGE ESTABLISHMENTS
Sections:
5.40.010 Massage Establishments
This Chapter was repealed by Ordinance No. 2315
November 2010.
CHAPTER 5.44
TOW TRUCK BUSINESSES
Sections:
5.44.010 Tow Truck Businesses
This Chapter was repealed by Ordinance No. 2461
December 2014.
TITLE 5 – BUSINESS LICENSES AND REGULATIONS
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CHAPTER 5.48
AMUSEMENT CENTERS AND DEVICES
Sections:
5.48.010 Meaning of terms
5.48.020 License and fees required
5.48.030 License fees
5.48.040 Issuance of license
5.48.050 Hours of operation
5.48.060 Violations and penalties
5.48.070 Enforcement
5.48.080 Existing facilities
5.48.090 Severability
5.48.0100 Appeals and hearing
5.48.010 Meaning of terms
As used in this chapter, the following terms shall have the
following meanings:
1.“Amusement center” means any place for business
in which there are ten or more amusement devices for purposes
of play, use or operation.
2.“Amusement device” means any machine or device
which provides recreation or entertainment, as a game of skill, for
which a charge is made for use or play; and which is not a
gambling device or a device that encourages gambling, but does
not include music machines, riding devices, television, and other
devices for the display of pictures or views on film; nor does it
include any automatic vending machine or device used exclusively
for the vending of tangible merchandise.
3.“Amusement device fees” means fees to be paid to
the City of Tukwila on each and every amusement device installed
in any location in the City.
4.“Amusement device lessor” means a person,
corporation or firm who has legal title to an amusement device as
defined herein, or as a purchaser or lessee is entitled to
possession or control of said amusement device.
5.“Automatic vending machine” means an automatic
machine or device operated by coins or currency which delivers
tangible merchandise upon the deposit of coins or currency.
(Ord. 1273 §1, 1982)
5.48.020 License and fees required
A. It is unlawful for any person, firm or corporation to
conduct or operate an amusement center in the City without first
obtaining a license pursuant to the provisions of this title.
B. It is unlawful for an amusement device lessor to place
amusement devices at any location within the City without first
obtaining a business license pursuant to Chapter 5.04 of this code.
C. It is unlawful for any person, firm or corporation to allow
any amusement device to be operated within the place of business
without first obtaining a license for each machine pursuant to the
provisions of this title.
(Ord. 1273 §2, 1982)
5.48.030 License fees
A. The license fee for each amusement center shall be in
accordance with the fee schedule adopted by resolution of the City
Council. Such fee shall be payable annually.
B. The amusement device fee shall be in accordance with
the fee schedule adopted by resolution of the City Council. Such
fee shall be payable annually.
(Ord. 2496 §19, 2016; Ord. 2355 §19, 2011; Ord. 1273 §3, 1982)
5.48.040 Issuance of license
A. Any person, firm or corporation desiring to apply for an
amusement center license under the provisions of this chapter
shall have a Conditional Use Permit as required in the Zoning
Code of the City.
B. Any person, firm or corporation desiring to apply for one
or more of the licenses provided for by this chapter shall make a
written application for such license or licenses with the Finance
Director on a form prescribed by the Finance Director. At the time
of applying for such license, said applicant shall deposit with the
Finance Director the full amount of the license fee for the period
for which application is made, in accordance with the fee schedule
adopted by resolution of the City Council.
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 in accordance with TMC Section
5.48.100.
D. All licenses issued under this chapter shall be issued only
to the person, firm or corporation; the license may not be
transferred without prior written consent of the City following
review of the proposed transfer by the license review committee.
E. All licenses issued allowing amusement devices within
business operations must be prominently displayed. Each license
will indicate the number of operable machines allowed on the
premises.
F. All application and renewal fees for amusement center
licenses and amusement devices, in accordance with the fee
schedule adopted by resolution of the City Council, shall be due
and payable on the first day of October of each year.
G. All licenses issued hereunder shall be good for a period
of one year.
(Ord. 2496 §20, 2016; Ord. 2355 §20, 2011; Ord. 1273 §4, 1982)
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5.48.050 Hours of operation
A. Except as provided hereunder, it shall be unlawful for any
amusement center to conduct business or be open for business
between the hours of 12:00 midnight and 8:00 a.m. on Monday
through Friday, and between the hours of 2:00 a.m. and 8:00 a.m.
on Saturday and Sunday.
B. Those amusement centers which have a Class H or a
combined Class B, E and F retailers’ license issued by the State
of Washington for the sale of liquor shall not be limited in the hours
of operation of amusement devices which are located within the
area of the establishment having such liquor license; however, the
total of all amusement devices on the premises, both inside and
outside the area required to be licensed for the sale of liquor, shall
be considered for amusement center licensing purposes.
(Ord. 1273 §5, 1982)
5.48.060 Violations and penalties
A. In the event that the required fees are not paid when due,
there shall be levied a delinquency fee of 30% of the annual gross
license fee due. This penalty shall also extend to amusement
devices placed on the premises anytime during a license year if a
license is not acquired at the time of installing the machine.
B. If the penalties and delinquency fees are not paid within
90 days after the due date, all amusement devices will be removed
from the premises at the direction of the Chief of Police. An
amusement device removal fee on each machine plus an
amusement device storage fee per machine shall be charged in
accordance with the fee schedule adopted by resolution of the City
Council.
C. It is a violation of this chapter for the owner or operator of
a business to fail to publicly display his amusement device license.
D. It is unlawful for the owner, operator, manager, or other
person in charge of any amusement center or place in which an
amusement device is located to permit or allow to be used or
played in such place any amusement device not having attached
thereto the name and current address of the owner of the
amusement device.
E. Any person violating any provisions of this chapter is
guilty of a misdemeanor and, upon conviction thereof, shall be
punished by a fine in a sum not to exceed $500.00 or by
imprisonment not to exceed six months, or both. Any person who
engages in or carries on any business subject to a license
hereunder without having first obtained the appropriate license
shall be guilty of violation of this chapter for each day during which
the business is so engaged. Any person who fails to pay the
license fee or any part thereof on or before the due date shall be
deemed to be operating without a license.
(Ord. 2496 §21, 2016; Ord. 1273 §6, 1982)
5.48.070 Enforcement
The Finance Director, the Police Chief and Fire Chief are
empowered to administer, carry out and enforce the policies and
provisions of this chapter.
(Ord. 2355 §21, 2011; Ord. 1273 §7, 1982)
5.48.080 Existing facilities
All amusement centers and amusement devices located or
operating within the City on or after September 30, 1982, are
subject to the provisions of this chapter.
(Ord. 1273 §8, 1982)
5.48.090 Severability
The provisions of this chapter are declared to be separate and
severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this chapter, or the invalidity of
the application thereof to any person or circumstance, shall not
affect the validity of the remainder of this chapter, or the validity of
its application to other persons or circumstances.
(Ord. 1273 §9, 1982)
5.48.100 Appeals and hearing
A. The applicant or license holder may appeal the decison
of the committee, to suspend, deny or revoke a license by filing a
written notice of appeal with the City Clerk within 10 calendar days
following receipt of the Notice of Denial, Suspension or
Revocation. The notice of appeal must state the grounds for
appeal, including a detailed explanation of why the decision to
suspend, deny or revoke was incorrect. The notice of appeal must
be accompanied by an Appeal Fee in accordance with the fee
schedule adopted by resolution of the City Council. A timely notice
of appeal shall stay the effect of the notice of non-issuance or
revocation until the City’s Hearing Examiner or other hearing body
issues a written decision on the appeal.
B. Upon timely filing of a notice of appeal, the Finance
Director shall schedule a hearing on the appeal before the City’s
Hearing Examiner or other hearing body. The hearing shall be
conducted no later than 30 days from the date of the notice of
appeal, unless an extension is agreed to by the appellant or
otherwise ordered by the Hearing Examiner or other hearing body
for good cause shown. Notice of the hearing will be mailed to the
applicant or licensee.
C. The hearing shall be de novo. The decision of the City’s
Hearing Examiner or other hearing body shall be based upon a
preponderance of the evidence. The burden of proof shall be on
the appellant. The Hearing Examiner or other hearing body may
affirm, reverse or modify the committee’s decision.
D. Within 20 business days, excluding holidays recognized
by the City of Tukwila, from the date of the hearing on an appeal
under this section, the Hearing Examiner or other hearing body
shall issue a written decision which shall set forth the reasons
therefor.
(Ord. 2496 §22, 2016)
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CHAPTER 5.50
PAWNBROKERS AND
SECOND HAND DEALERS
Sections:
5.50.010 Pawnbrokers and second hand dealers – State
statutes adopted
5.50.010 Pawnbrokers and second hand dealers –
State statutes adopted
The following statutes of the State of Washington are adopted
by reference:
RCW 19.60.010 Definitions.
RCW 19.60.014 Fixed place of business required.
RCW 19.60.020 Duty to record information.
RCW 19.60.040 Report to chief law enforcement officer.
RCW 19.60.045 Duties upon notification that property is
reported stolen.
RCW 19.60.050 Retention of property by pawnbrokers –
inspection.
RCW 19.60.055 Retention of property by second hand
dealers – Inspection.
RCW 19.60.060 Rates of interest and other fees – Sale of
pledged property.
RCW 19.60.061 Pawnbrokers – Sale of pledged property
limited – Written document required for
transactions.
RCW 19.60.062 Attorney fees and costs in action to
recover possession.
RCW 19.60.066 Prohibited acts – Penalty.
RCW 19.60.075 Regulation by political subdivisions.
RCW 19.60.085 Exemptions.
RCW 19.60.900 Severability.
(Ord. 1476 §1, 1988)
CHAPTER 5.52
PANORAM DEVICES
Sections:
5.52.010 Definitions
5.52.020 Panoram premises license required
5.52.030 Panoram device license required
5.52.040 Panoram operator’s license required
5.52.050 License fee – Terms – Assignment – Renewals
5.52.060 License application – Report by City departments
5.52.070 Inspection of panoram premises
5.52.080 Issuance of licenses
5.52.090 Suspension or revocation of licenses – Notices –
Summary suspension
5.52.100 Appeal and hearing
5.52.110 Premises regulations
5.52.120 Unlawful acts
5.52.130 Violations and penalties
5.52.140 Compliance
5.52.010 Definitions
As used in this chapter, the following words and phrases shall
have the following meanings unless the context clearly requires
otherwise:
1. “Finance Director” means the City of Tukwila
employee or agent appointed by the Mayor as licensing official
under this chapter.
2. “Panoram,” “preview,” “picture arcade” or “peep
show” means any device which, for payment of a fee, membership
fee or other charge, is used to view, exhibit or display a film or
videotape. All such devices are denominated in this chapter by
the terms “panoram” or “panoram device.” The terms “panoram”
or “panoram device” as used in this chapter do not include games
which employ pictures, views or video displays, or gambling
devices regulated by the State.
3. “Panoram premises” means any premises or portion
of any premises on which any panoram device is located and to
which members of the public are admitted. The term “panorama
premises” as used in this chapter does not include movie or motion
picture theater auditoriums capable of seating more than five
people.
4. “Panoram station” means a portion of any premises
premises on which a panoram device is located and where a
patron or customer would ordinarily be positioned while watching
the panoram device.
(Ord. 2355 §22, 2011; Ord. 1475 §1 (part), 1988)
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5.52.020 Panoram premises license required
A. It is unlawful to display, exhibit, expose or maintain any
panoram device upon any premises to which members of the
public are admitted unless there is a valid and current panoram
premises license for such premises.
B. A separate panoram premises license is required for
each panoram premises and the same shall at all times be
conspicuously posted and maintained therein.
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.
(Ord. 2355 §23, 2011; Ord. 1475 §1 (part), 1988)
5.52.030 Panoram device license required
A. It is unlawful to exhibit or display for public use any
panoram device upon any panoram premises without first having
obtained a panoram device license for each such panoram device.
B. Panoram device licenses shall be issued for specific
panoram premises only and shall not be transferable.
C. The current panoram device license for each panoram
device shall be securely attached to each panoram device in a
conspicuous place.
D. The Finance Director shall prescribe the form of such
license and number the same.
(Ord. 2355 §24, 2011; Ord. 1475 §1 (part), 1988)
5.52.040 Panoram operator’s license required
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.
(Ord. 2355 §25, 2011; Ord. 1475 §1 (part), 1988)
5.52.050 License fee – Terms – Assignment –
Renewals
A. The license year for licenses under this chapter shall be
from January 1 to December 31. All licenses under this chapter
shall expire on December 31 of each year. Except as hereinafter
provided, all license fees under this chapter shall be payable on
an annual basis. Annual license fees for a Panoram premises
license, Panoram device license and/or Panoram operator license
shall be in accordance with the fee schedule adopted by resolution
of the City Council.
B. License fees under TMC Section 5.52.050.A shall not be
prorated. Licenses issued under this chapter may not be assigned
or transferred to other premises, operators or devices.
C. On or before December 31 of each year, a licensee under
this chapter shall file an application for each license he wishes to
use in the next license year. An application for a license shall be
filed in the same manner as an initial application for such a license,
and shall be accompanied by a fee in an amount equal to the
license fee applicable to an original application for such a license,
in accordance with the fee schedule adopted by resolution of the
City Council. Applications filed after December 31 shall be
assessed an additional charge as follows:
1. If the application is more than 6 but less than 31 days
late, the additional charge is 25% of the application fee.
2. If the application is more than 30 but less than 61
days late, the additional charge is 50% of the application fee.
D. If a licensee, on or before December 31 of any year, gives
written notice to the Finance Director that he will not conduct
business in a manner requiring a license under this chapter after
December 31, such licensee may reapply for a license at any time
he wishes to conduct a business requiring such a license.
E. If a licensee does not give written notice as provided for
in TMC Section 5.52.050.D or, having given such notice, operates
after December 31 in a manner requiring a license under this
chapter and does not renew such required license as provided in
TMC Section 5.52.050.C, such license shall be automatically
revoked on the 61st day of the year, and such licensee may not
reapply for such license for a period of one year from such date of
revocation. Upon such revocation, the Finance Director shall
promptly mail written notice of such revocation to such licensee.
The revocation shall be deemed received by the licensee 3 days
after mailing.
(Ord. 2496 §23, 2016; Ord. 2355 §26, 2011;
Ord. 1475 §1 (part), 1988)
5.52.060 License application – Report by City
departments
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.
B. Applicants for any license or renewal thereof under this
chapter shall provide information as follows:
1. With each application for a panoram premises
license or renewal thereof, applicants shall provide:
a. The name, address and telephone number of
each person applying for the license;
b. The name, address and telephone number of
each person holding an ownership, leasehold or interest in the
panoram e premises;
c. The name, address and telephone number of the
manager or other person responsible for the operation of the
premises;
d. The address of the premises;
e. The number of panoram devices to be located on
the premises; and
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f. A sketch or drawing sufficient to show the layout
of the premises, including all information necessary to determine
whether the premises complies with the provisions of this chapter.
2. With each application for a panoram device license
or renewal thereof, applicants shall provide:
a. The name, address and telephone number of
each person applying for the license;
b. The name, address and telephone number of
each person holding an ownership, leasehold or other interest in
the panoram device;
c. The name, address and telephone number of
each person responsible for the operation of the panoram device;
d. The address at which the panoram device is to
be located; and
e. A description of the panoram device, including
make, model and serial number.
3. With each application for a panoram operator’s
license or renewal thereof, applicants shall provide:
a. The name, address and telephone number of
each person applying for the license;
b. The name, address and telephone number of
each person holding an ownership, leasehold or other interest in
the panoram device; and
c. A list of all panoram devices and premises at
which panoram devices are located, together with a description of
all panoram devices, including make, model and serial number.
(Ord. 2355 §27, 2011; Ord. 1475 §1 (part), 1988)
5.52.070 Inspection of panoram premises
A. Applicants for any license under this chapter with respect
to any premises or devices shall allow such premises or devices
to be inspected by authorized inspectors from the City Fire
Department, City Police Department, City Development Review
Committee and County Health Department, for the purpose of
determining whether such premises and devices comply with this
chapter.
B. Licensees operating premises and devices licensed
under this chapter shall hold those areas upon the premises which
are accessible to the public and the devices therein open for
routine regulatory inspections by the City Fire Department or City
Police Department during normal business hours.
(Ord. 1475 §1 (part), 1988)
5.52.080 Issuance of licenses
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.
(Ord. 2355 §28, 2011; Ord. 1475 §1 (part), 1988)
5.52.090 Suspension or revocation of licenses -
Notices -–Summary spension
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
TMC Section 5.52.090.A exists, and that such condition
constitutes a threat of immediate serious injury or damage to
persons or property, the Finance Director may immediately
suspend any license issued under this chapter pending a hearing
in accordance with TMC 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
regarding the condition found to exist that constitutes a threat of
immediate serious injury or damage to person or property.
(Ord. 2355 §29, 2011; Ord. 1475 §1 (part), 1988)
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5.52.100 Appeal and hearing
A. The applicant or license holder may appeal the decision
of the Finance Director to suspend, deny or revoke a license
issued under this chapter by filing a written notice of appeal with
the City Clerk within 10 days following receipt of the notice of
suspension, denial or revocation. The notice of appeal must state
the grounds for appeal, including a detailed explanation of why the
decision was incorrect. The notice of appeal must be
accompanied by an Appeal Fee in accordance with the fee
schedule adopted by resolution of the City Council. A timely notice
of appeal shall stay the effect of the notice of non-issuance or
revocation until the City’s Hearing Examiner or other hearing body
issues a written decision on the appeal, except as provided in TMC
Section 5.52.100.E.
B. Upon timely filing of a notice of appeal, the Finance
Director shall schedule a hearing on the appeal before the City’s
Hearing Examiner or other hearing body. The hearing shall be
conducted no later than 30 days from the date of the notice of
appeal, unless an extension is agreed to by the appellant or
otherwise ordered by the Hearing Examiner or other hearing body
for good cause shown. Notice of the hearing will be mailed to the
applicant or licensee.
C. The hearing shall be de novo. The decision of the City’s
Hearing Examiner or other hearing body shall be based upon a
preponderance of the evidence. The burden of proof shall be on
the appellant. The Hearing Examiner or other hearing body may
affirm, reverse or modify the Finance Director’s decision.
D. Within 20 business days, excluding holidays recognized
by the City of Tukwila, from the date of the hearing on an appeal
under this section, the Hearing Examiner or other hearing body
shall issue a written decision which shall set forth the reasons
therefor.
E. 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.B, upon receipt of a
timely notice of appeal, the Finance Director shall set a hearing
within 5 business days before the City’s Hearing Examiner or other
hearing body. The City’s Hearing Examiner or other hearing body
shall render a decision within 5 business days of the conclusion of
the hearing. The filing of such an appeal shall not stay the action
of the Finance Director from which the appeal is taken.
(Ord. 2496 §24, 2016; Ord. 2355 §30, 2011;
Ord. 1796 §3 (part), 1997; Ord. 1475 §1 (part), 1988)
5.52.110 Premises regulations
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.
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.
(Ord. 2355 §31, 2011; Ord. 1573 §1, 1990;
Ord. 1475 §1 (part), 1988)
5.52.120 Unlawful acts
A. A panoram booth or stall shall be subject to the
requirements of this chapter may only be occupied by one person
at any one time. It is unlawful for any person to occupy such a
booth or stall at the same time it is occupied by any other person.
B. It is unlawful to stand or kneel on any chair or seating
surface in a panoram booth or stall.
C. It is unlawful for any owner, operator, manager,
employee or other person in charge of premises for which a
panoram location license is required to warn, aid and abet the
warning of, customers or patrons or any other persons occupying
panoram booths or stalls located on the licensee’s premise that
Police officers or City health, fire, licensing or building inspectors
are approaching or have entered the licensee’s premises.
(Ord. 1475 §1 (part), 1988)
5.52.130 Violations and penalties
It is unlawful for any person to violate any provision or to fail
to comply with any of the requirements of this chapter. Any person
violating any of the provisions or failing to comply with any of the
mandatory requirements of this chapter, including the premises
regulations enumerated in TMC 5.52.110, shall upon conviction
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thereof be punished by a fine of not more than $500.00, or by
imprisonment for a period of not more than six months, or by both
such fine and imprisonment. Each such person shall be guilty of
a separate offense for each and every day, or part of day, during
which any violation of any provision of this chapter is committed,
continued, or permitted. In addition to the penalties hereinabove
provided, any condition caused or permitted to exist in violation of
any of the provisions of this chapter shall be deemed a public
nuisance and may be, by this City, summarily abated as such, and
each day that such condition continues shall be regarded as a new
and separate offense.
(Ord. 1573 §2, 1990; Ord. 1475 §1 (part), 1988)
5.52.140 Compliance
All persons regulated pursuant to this chapter shall comply
with this chapter within 30 days of the effective date of the
ordinance codified in this chapter.
(Ord. 1475 §1 (part), 1988)
CHAPTER 5.56
ADULT ENTERTAINMENT CABARETS
Sections:
5.56.010 Purpose
5.56.020 Definitions
5.56.030 Adult entertainment cabaret licenses
5.56.040 Manager’s licenses and entertainer’s licenses
5.56.050 License applications
5.56.060 Issuance of license and renewal of application
5.56.070 Lewd performance
5.56.080 Premises configuration requirements
5.56.090 Revocation or suspension of licenses
5.56.100 Appeals
5.56.110 Violation
5.56.120 Civil remedies – Abatement
5.56.130 Other remedies
5.56.140 Compliance with other ordinances
5.56.150 No private right of action
5.56.010 Purpose
A. This chapter is intended to protect the general health,
safety and welfare of the citizenry of the City through the regulation
of adult entertainment cabarets. The regulations set forth herein
are intended to prevent dangerous and unlawful conduct, and to
prevent health and safety problems, in and around adult
entertainment cabarets. This regulation is supported specifically
by Tukwila’s own experience with adult entertainment cabarets,
and generally by the experience of other cities with similar
establishments.
B. This chapter is intended to deter the serious and
repeated violations of criminal law that regularly occur in adult
entertainment cabarets. The City Council considers these crimes
to be serious, and their prevention and elimination to be of
paramount importance to the health, safety and welfare of the City.
(Ord. 2575 §3, 2018; Ord. 1747 §1 (part), 1995;
Ord. 1490 §2 (part), 1988)
5.56.020 Definitions
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 human male genitals in a discernibly
turgid state, or wearing any device or covering exposed to view
which simulates the appearance of any portion of the female
breast below the top of the areola or any portion of the pubic
region, anus, buttocks, vulva or genitals, or human male genitals
in a discernibly turgid state, even if completely and opaquely
covered; or
2. Any exhibition, performance or dance of any type
conducted in a premises where such exhibition, performance or
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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.
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 cabaret 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 away from the stage 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.
L. “Sexual conduct” means acts of:
1. Sexual intercourse within its ordinary meaning,
occurring upon any penetration, however slight; or
2. Any penetration of the vagina or anus, however
slight, by an object; or
3. Any contact between persons involving the sex
organs of one person and the mouth or anus of another; or
4. Masturbation, manual or instrumental, of oneself or
of one person by another; or
5. Touching of the sex organs or anus, whether clothed
or unclothed, of oneself or of one person by another.
(Ord. 2575 §4, 2018; Ord. 2496 §25, 2016; Ord. 2355 §32, 2011; Ord.
1910 §1, 2000; Ord. 1747 §1 (part), 1995;
Ord. 1604 §1, 1991; Ord. 1490 §2 (part), 1988)
5.56.030 Adult entertainment cabaret licenses
A. Required. No adult entertainment cabaret shall be
operated or maintained in the City unless the owner or lessee
thereof has a current adult entertainment cabaret license under
this chapter. It is unlawful for any operator, manager, entertainer
or employee to knowingly work in or about, or to knowingly perform
any service directly related to the operation of an adult
entertainment cabaret, when such cabaret does not have a current
adult entertainment cabaret license. It is unlawful for any person
to conduct, manage or operate an adult entertainment cabaret
unless such person is the holder of a valid license from the City to
do so, obtained in the manner provided in this chapter.
B. Expiration. The license year for an adult entertainment
cabaret license shall be from January 1 to December 31 of each
year. Each such license shall expire at close of business or
midnight, whichever is earlier, on December 31 of such year.
C. Fees. The license fee for an adult entertainment cabaret
license shall be in accordance with the fee schedule adopted by
resolution of the City Council. License fees under this chapter
shall not be prorated.
D. Terms. Except as hereinafter provided, the license fee
for such license is payable for a full year only and is not refundable.
E. Assignments. An adult entertainment cabaret license
under this chapter shall not be assigned or transferred.
F. Renewal of application. The license holder shall submit
a new application for a license annually. The application shall be
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submitted with a fee in accordance with the fee schedule adopted
by resolution of the City Council.
(Ord. 2496 §26, 2016; Ord. 2355 §33, 2011;
Ord. 1747 §1 (part), 1995; Ord. 1490 §2 (part), 1988)
5.56.040 Manager’s licenses and entertainer’s
licenses
A. Required. No person shall work as a manager at an
adult entertainment cabaret in the City without a current manager’s
license under this chapter. No person shall work as an entertainer
at an adult entertainment cabaret in the City of Tukwila without a
current entertainer’s license under this chapter. No person shall
work at an adult entertainment cabaret in the City of Tukwila
unless the adult entertainment cabaret license is valid and current.
B. Expiration. The license year for a manager’s license or
an entertainer’s license shall be from January 1 to December 31
of each year. Each such license shall expire at close of business
or midnight, whichever is earlier, on December 31 of each year.
C. Fees. The license fee for a manager’s license or
entertainer’s license shall be in accordance with the fee schedule
adopted by resolution of the City Council. The license fee for each
such license is payable for a full calendar year only and is not
refundable.
D. Assignments. A manager’s license or entertainer’s
license under this chapter shall not be assigned or transferred.
E. Minimum age. No person under 18 years of age may
obtain a manager’s license or entertainer’s license under this
chapter.
F. Renewal of application. The license holder shall submit
a new application for a license annually. The application shall be
submitted with a fee in accordance with the fee schedule adopted
by resolution of the City Council.
(Ord. 2575 §5, 2018; Ord. 2496 §27, 2016; Ord. 2355 §34, 2011;
Ord. 1747 §1 (part), 1995; Ord. 1490 §2 (part), 1988)
5.56.050 License applications
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 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:
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 -
1. Any application for a manager’s license or
entertainer’s license, or any renewal thereof, shall be signed by
the applicant and notarized 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, 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 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
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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.
(Ord. 2575 §6, 2018; Ord. 2355 §35, 2011;
Ord. 1747 §1 (part), 1995; Ord. 1604 §2, 1991;
Ord. 1490 §2 (part), 1988)
5.56.060 Issuance of license and renewal of
application
A. Upon receipt of any complete application for a license,
the Finance Director shall issue a temporary license, pending
investigation and disposition of the application or completion of the
term of any license suspension issued pursuant to this chapter.
The temporary license shall expire upon issuance of a license or
renewal thereof or notice of non-issuance or 30 days from the date
of issue, whichever is sooner. The holder of a temporary license
is subject to all requirements, standards and penalty provisions of
this chapter.
B. After issuance of a temporary license, the Finance
Director shall further refer the application to the Police
Department, which shall investigate the truth of the statements in
the application and shall investigate the applicant’s compliance
with the standards of this chapter. The applicant’s information
shall be submitted to the Washington State Patrol Identification
and Criminal History Section (WASIS). Any Washington State
criminal history conviction records on the applicant shall be
provided to and reviewed by the City of Tukwila Police
Department. The applicant shall submit an additional fee for the
WATCH (Washington Access to Criminal History) background
check in accordance with the fee schedule adopted by resolution
of the City Council.
C. 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.
D. 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 the
applicant would not qualify for the initial issuance of a license
under TMC Section 5.56.060.C. 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 of application shall specify the reasons
therefor.
E. Receipt of the Notice of Denial, Suspension or
Revocation. The Notice of Denial, Suspension or Revocation of
a license under this chapter shall be sent to the applicant or license
holder by registered mail at the address provided on the license
application. Notice shall be deemed received by the applicant or
license holder 3 business days after mailing.
F. Each adult entertainment cabaret shall maintain on the
premises of the adult entertainment 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
entertainment cabaret’s regular business hours.
(Ord. 2575 §7, 2018; Ord. 2496 §28, 2016; Ord. 2355 §36, 2011;
Ord. 1747 §1 (part), 1995; Ord. 1490 §2 (part), 1988)
5.56.070 Lewd performance
Each adult entertainment cabaret and each operator,
manager, entertainer and employee thereof shall comply with the
following requirements:
1. No employee or entertainer shall be unclothed or in
such attire, costume or clothing so as to expose to view any portion
of the breast below the top of the areola, or any portion of the pubic
hair, anus, buttocks, vulva and/or genitals, except upon a stage at
least 18 inches above the immediate floor level and removed at
least six feet from the nearest patron.
2. No employee or entertainer shall wear or use any
device or covering exposed to view which simulates the breast
below the top of the areola, vulva or genitals, anus, and/or
buttocks, or any portion of the pubic hair, except upon a stage at
least 18 inches above the immediate floor level and removed at
least six feet from the nearest patron.
3. No employee or entertainer shall touch, fondle or
caress any patron or other person for the purpose of arousing or
exciting the patron’s or other person’s sexual desires.
4. No employee or entertainer shall allow a patron to
touch an employee or entertainer on the breast, in the pubic area,
buttocks, or anal area. No patron or other person shall touch,
fondle or caress an employee or entertainer for the purpose of
arousing or exciting the sexual desires of either party.
5. No entertainer performing upon any stage or in a
performance area shall be permitted to accept any money offered
for any purpose directly to the entertainer by any member of the
public. Any money offered to any entertainer performing upon a
stage or in a performance area must be provided through a
manager on duty on the premises. Money shall not otherwise be
exchanged between entertainers and members of the public. It is
a gross misdemeanor for an entertainer to directly accept money
from a member of the public or for a member of the public to
directly give money to an entertainer while in an adult
entertainment cabaret.
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(Ord. 1747 §1 (part), 1995; Ord. 1604 §3, 1991;
Ord. 1490 §2 (part), 1988)
5.56.080 Premises configuration requirements
Every adult entertainment cabaret shall be arranged in such
a manner that:
1. Other than as set forth in TMC Section 5.56.080(2)
below, adult entertainment shall occur only on a stage, at least 18
inches above the immediate floor level and at least six feet
removed from the nearest patron. No members of the public shall
be permitted on a stage or within six feet of a stage, while adult
entertainment is in progress.
2. One-on-one entertainment, or other entertainment,
occurring between an entertainer and a patron shall occur only in
a designated performance area and at least four feet away from
any patron. The perimeter of each performance area must, at all
times, be clearly and completely delineated by a solid strip at least
three inches wide in a contrasting color to the floor. Any seating
in a performance area shall be arranged to face the stage and shall
be permanently affixed to the floor. A strip at least two inches
wide, and at least four feet long, in a contrasting color to the floor,
shall, at all times, be affixed to the floor beginning at a point
immediately under the center of the front edge of any seating in a
performance area.
3. At least two licensed managers shall be on the
premises of an adult entertainment cabaret at all times that the
adult entertainment cabaret is open to the public, and shall be
clearly identified at all times by means of a nameplate no less than
¾-inch high and three inches long which reads “ON DUTY
MANAGER.” Such nameplate shall be conspicuously affixed to
the manager’s clothing and clearly visible at all times. The names
and licenses of the managers on duty shall be prominently posted
and illuminated in an area open to the public during such
managers’ shifts. The managers shall be responsible for verifying
that any person who provides adult entertainment within the
premises possesses a current and valid entertainer’s license. At
least one licensed manager shall have at all times a clear,
continuous, and unobstructed view of all stages on which adult
entertainment is permitted to occur, and of all performance areas.
While on duty, no manager shall provide entertainment or adult
entertainment.
4. No adult entertainment shall be visible at any time
from outside an adult entertainment cabaret.
5. Sufficient lighting shall be provided and equally
distributed throughout the public areas of the premises so that all
objects are plainly visible at all times to a person of ordinary
eyesight.
6. No interior walls shall be allowed, other than to
segregate restrooms, employee dressing rooms, manager’s office,
or other areas reasonably necessary to the business operation of
the adult entertainment cabaret. No member of the public shall be
allowed in any such segregated area, other than restrooms.
7. There shall be posted and conspicuously displayed
in the common areas of each adult entertainment cabaret a sign,
at least three feet long and two feet high, listing any and all
entertainment provided on the premises. Such list shall be printed
in letters of sufficient size so that the list is clearly legible by
persons of ordinary eyesight from any location where
entertainment is provided. Such list shall further indicate the
specific fee or charge in dollar amounts for each form of
entertainment listed.
8. There shall be posted in each performance area a
well illuminated and conspicuously displayed sign, at least three
feet long and two feet high, listing the following:
“It is a crime for entertainers to:
1. Expose their breasts below the top of the areola, any
portion of the pubic hair, buttocks, genitals or vulva and/or anus,
except upon a stage; or
2. Touch, fondle, or caress a patron or other person for
the purpose of sexual arousal; and
It is a crime for patrons or other persons to:
1. Touch, fondle, or caress any entertainer or other
employee for the purpose of sexual arousal; and
2. Give directly to any entertainer, or for any entertainer
to directly accept, any money from a member of the public, while
on this premises.”
Such list shall be printed in letters of sufficient size so that the
list is clearly legible by persons of ordinary eyesight from any
location where entertainment is provided.
(Ord. 2575 §8, 2018; Ord. 1747 §1 (part), 1995;
Ord. 1604 §3, 1991; Ord. 1490 §2 (part), 1988)
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5.56.090 Revocation or suspension of licenses
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; 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.
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 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
5.56.100.A, unless a timely notice of appeal is filed as specified
therein.
(Ord. 2575 §9, 2018; Ord. 2355 §37, 2011;
Ord. 1747 §1 (part), 1995; Ord. 1490 §2 (part), 1988)
5.56.100 Appeals
A. Upon notice of non-issuance, revocation or suspension
of any license under this chapter, or imposition of any civil penalty
under TMC Section 5.56.110, the applicant or license holder may
appeal by filing a written notice of appeal with the City Clerk within
10 calendar days following receipt of the Notice of Non-issuance,
Denial, Suspension, Revocation, or Imposition of Penalties. The
notice of appeal must state the grounds for appeal, including a
detailed explanation of why the decision to suspend, deny or
revoke was incorrect. The notice of appeal must be accompanied
by an Appeal Fee in accordance with the fee schedule adopted by
resolution of the City Council. A timely notice of appeal shall stay
the effect of the notice of non-issuance or revocation until the
City’s Hearing Examiner or other hearing body issues a written
decision on the appeal. A warning notice to a manager, under TMC
Section 5.56.110.A.1, shall not constitute the imposition of a
penalty that is appealable under this section.
B. Upon timely filing of a notice of appeal, the Finance
Director shall schedule a hearing on the appeal before a Hearing
Examiner. The hearing shall be conducted no later than 30 days
from the date of the notice of appeal, unless an extension is
agreed to by the appellant or otherwise ordered by the Hearing
Examiner or other hearing body for good cause shown. Notice of
the hearing will be mailed to the applicant or licensee.
C. The hearing shall be de novo. The decision of the City’s
Hearing Examiner or other hearing body shall be based upon a
preponderance of the evidence. The burden of proof shall be on
the appellant. The Hearing Examiner or other hearing body may
affirm, reverse or modify the Finance Director’s decision.
D. Within 20 business days, excluding holidays recognized
by the City of Tukwila, from the date of the hearing on an appeal
under this section, the Hearing Examiner or other hearing body
shall issue a written decision, which shall set forth the reasons
therefor.
(Ord. 2575 §10, 2018; Ord. 2496 §29, 2016; Ord. 2381 §9, 2012;
Ord. 1747 §1 (part), 1995; Ord. 1490 §2 (part), 1988)
5.56.110 Violation
A. Strict civil liability for managers and operators. Managers
of adult entertainment cabarets shall be strictly liable, as set forth
below, for any violation of this ordinance committed by other
employees or agents of the adult entertainment cabaret, while in
the adult entertainment cabaret. These civil violations shall be
known as “Permitting Lewd Performance”. Notice of any such
violations shall be on a form prescribed by the Chief of Police.
1. During any time that a manager is on duty, the first
violation committed by any employee or agent of the adult
entertainment cabaret, including but not limited to entertainers and
managers, shall result in a warning notice to such manager that
he has committed the civil violation of Permitting Lewd
Performance and that subsequent violations shall result in
penalties pursuant to this section. Copies of any warning notices
issued under this section shall also be sent or delivered to the
operator(s).
2. During any time that a manager is on duty, the
second violation committed within twelve consecutive months of
the first, by any employee or agent of the adult entertainment
cabaret, including but not limited to entertainers and managers,
shall result in a civil penalty of a mandatory $500 fine and a
mandatory 60-day suspension of that manager’s license. Notice
of this violation shall be sent or delivered to the operator(s).
3. During any time that a manager is on duty, the third
violation committed, within twelve consecutive months of the first,
by any employee or agent of the adult entertainment cabaret,
including but not limited to entertainers and managers, shall result
in a civil penalty of a mandatory $1,000 fine and a mandatory 120-
day suspension of that manager’s license. Notice of this violation
shall be sent or delivered to the operator(s).
4. During any time that a manager is on duty, the fourth
violation committed, within any period of twelve consecutive
months, by any employee or agent of the adult entertainment
cabaret, including but not limited to entertainers and managers,
shall result in a mandatory civil penalty of a $1,500 fine and a
mandatory suspension of that manager’s license for 180 days.
Notice of this violation shall be sent or delivered to the operator(s).
B. An operator of an adult entertainment cabaret shall be
deemed to have the knowledge, and to be strictly liable for the
conduct, of its licensed managers, as set forth below. These civil
violations shall be known as “Facilitating Lewd Operations”.
Notice of any such violations shall be on a form prescribed by the
Chief of Police.
1. If any one or more licensed managers of an adult
entertainment cabaret are found to have committed a total of two
or more civil violations of Permitting Lewd Performance during any
90-day period, the operator(s) shall be strictly liable for a civil
penalty of $1,000.
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2. If any one or more licensed managers of an adult
entertainment cabaret are found to have committed a total of six
or more civil violations of Permitting Lewd Performance, within any
period of six consecutive months, the operator(s) shall be strictly
liable for a civil penalty of $2,500, and the adult entertainment
cabaret license shall be suspended for a 14-day period.
3. If any one or more licensed managers of an adult
entertainment cabaret are found to have committed a total of
twelve or more civil violations of Permitting Lewd Performance,
within any period of twelve consecutive months, the operator(s)
shall be liable for a civil penalty of $5,000 and the adult
entertainment cabaret license shall be suspended for a period not
less than 30 nor more than 90 days.
C. Any license suspension that extends beyond the end of
a license year shall remain in effect, and any renewal license may
be issued, but shall not be effective until the completion of the term
of the license suspension.
D. Other than as specifically set forth in TMC 5.56.110A &
B, any person who knowingly violates any of the other provisions
of this chapter is guilty of a gross misdemeanor punishable by a
fine not to exceed $5,000 or imprisonment not to exceed 365 days,
or both.
(Ord. 2575 §11, 2018; Ord. 1747 §1 (part), 1995;
Ord. 1490 §2 (part), 1988)
5.56.120 Civil remedies – Abatement
The violation of or failure to comply with any of the provisions
of this chapter is unlawful and shall constitute a public nuisance.
The City may seek legal or equitable relief to enjoin and/or abate
any act or practice which constitutes or will constitute a violation
of any regulation herein adopted.
(Ord. 2575 §12, 2018; Ord. 1747 §1 (part), 1995;
Ord. 1490 §2 (part), 1988)
5.56.130 Other remedies
The remedies provided herein for violations of or failure to
comply with provisions of this chapter, whether civil or criminal,
shall be cumulative and shall be in addition to any other remedy
provided by law.
(Ord. 1747 §1 (part), 1995; Ord. 1490 §2 (part), 1988)
5.56.140 Compliance with other ordinances
This chapter is separate and independent from other
provisions of the Tukwila Municipal Code and does not relieve any
person of the requirement:
1. To obtain a general business license under Chapter
5.04 of this code; or
2. To obtain any other permit or approval from the City
under any provision of the Tukwila Municipal Code.
(Ord. 1747 §1 (part), 1995; Ord. 1490 §2 (part), 1988)
5.56.150 No private right of action
Nothing contained in this chapter is intended to be nor shall
be construed to create or form the basis for any civil or criminal
liability on the part of the City, or its officers, employees or agents,
for any injury or damage resulting from the failure of an applicant
or license holder to comply with the provisions of this chapter, or
by reason or in consequence of any inspection, notice, order,
certificate, permission or approval authorized or issued or done in
connection with the implementation or enforcement of this chapter
by the City or its officers, employees or agents. This section is
specifically intended to include, but not be limited to, a complete
grant of immunity from prosecution in favor of police officers and
other City employees and agents engaged in covert or overt
enforcement of this chapter.
(Ord. 1747 §1 (part), 1995; Ord. 1490 §2 (part), 1988)
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CHAPTER 5.60
SAFETY IN OVERNIGHT LODGING
Sections:
5.60.010 Definitions
5.60.020 License required
5.60.030 Licensing requirements
5.60.040 Semi-annual calls for police service less than or
equal to .25 per room
5.60.050 Semi-annual calls for police service greater than
.25 per room and less than or equal to 1.00 per
room
5.60.060 Semi-annual calls for police service greater than
1.00 per room
5.60.070 Enforcement
5.60.080 Appeals
5.60.090 Remedies cumulative
5.60.010 Definitions
When used in this chapter and unless otherwise distinctly
expressed, the following words and phrases shall have the
meaning set out in this section:
1. “Hotel” means a building or portion thereof designed
or used for the transient rental of five or more units for sleeping
purposes. A central kitchen and dining room and accessory shops
and services catering to the general public can be provided. Not
included are institutions housing persons under legal restraint or
requiring medical attention or care.
2. “Motel” includes tourist cabins, tourist court, motor
lodge, auto court, cabin court, motor inn and similar lodgings. A
motel is a building or buildings, detached or in connected units or
designed as a single structure, the units of which are used as
individual sleeping or dwelling units having their own private toilet
facilities, and may or may not have their own kitchen facilities, and
are designed primarily for the accommodation of transient
automobile travelers. Accommodations for travel trailers are not
included.
3. “Calls for service” includes any call the Tukwila
Police Department receives from a hotel/ motel that must be
responded to by a police officer. “Calls for service” shall not be
counted when the Tukwila Police Department receives a call from
a hotel/motel reporting an incident that did not directly occur at that
hotel/motel.
4. “Police” means any authorized agent of the Tukwila
Police Department or other law enforcement agency having
jurisdiction.
5. “Police Department” means the Police Department
of the City.
(Ord. 1918 §2, 2000)
5.60.020 License required
A. It is unlawful for any person, firm or corporation to
conduct or operate a hotel or motel without first obtaining a
business license pursuant to the provisions of this chapter.
B. All licenses issued pursuant to this chapter are non-
transferable and valid for the calendar year in which issued unless
otherwise revoked or suspended.
(Ord. 1918 §3, 2000)
5.60.030 Licensing requirements
A. It is unlawful for a person, firm, or corporation to conduct
or operate a hotel or motel without having a license pursuant to
RCW 70.62 and pursuant to the provisions of this chapter.
B. All hotels and motels may be issued a license under the
provisions of this chapter. Based upon an individual hotel/motel’s
calls for service per room semi-annually, however, a hotel/motel
must comply with additional requirements designed to deter crime
in order to obtain or maintain its business license. The calls for
service will be monitored from January 1 to June 30, and from July
1 to December 31, of each calendar year. Crime statistics for each
hotel/motel will be kept on an annual basis from July 1 to June 30
of each calendar year. The time between June and December will
allow hotels/motels time to comply with all the requirements of their
group level necessary to receive a business license at year’s end.
The total number of calls for service from a given hotel/ motel for
the accounting year will be divided by the total number of rooms in
the hotel/motel, then divided by 2, to obtain the semi-annual
number.
C. Each hotel/motel licensee will be notified of its semi-
annual number of calls for service per room no later than July 31
of each calendar year. Any additional requirements placed on a
hotel/motel under this chapter must be met or substantially in
progress, as determined and verified by the Tukwila Police
Department, before the next year’s business license will be issued.
(Ord. 1918 §4, 2000)
5.60.040 Semi-annual calls for police service less
than or equal to .25 per room
A. There are no additional requirements necessary to deter
crime for hotels/motels whose semi-annual calls for service are
less than or equal to .25 per room.
B. At the request of an establishment, the Tukwila Police
Department will provide the hotel/motel with inspection services
and advice concerning Crime Prevention Through Environmental
Design Standards.
C. Hotels/Motels are encouraged to participate in a Tukwila
Police Department-created and sponsored Hotel/Motel Manager’s
Network.
D. At the request of the hotel/motel, the Tukwila Police
Department will provide training for the hotel/ motel staff, in
cooperation with management, regarding the recognition of
criminal or anti-social behavior.
E. At the request of the hotel/motel, the Tukwila Police
Department will keep the hotel/motel management apprised of
police activity that occurs on the property.
(Ord. 1918 §5, 2000)
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5.60.050 Semi-annual calls for police service greater
than .25 per room and less than or equal to 1.00 per
room
Hotels/Motels whose semi-annual calls for service per room
are greater than .25 or less than or equal to 1.00 are required to
meet the following additional conditions, designed to deter crime,
to obtain a license to operate in the City of Tukwila:
1. Have a representative available on the premises at
all times.
2. Install and operate a surveillance camera (with
recorder) in the lobby for 24 hours per day, seven days per week.
3. Undergo a Tukwila Police Department crime pre-
vention assessment of their property to be conducted by the
Tukwila Police Crime Prevention Unit.
(Ord. 1918 §6, 2000)
5.60.060 Semi-annual calls for police service greater
than 1.00 per room
Hotels/Motels whose semi-annual calls for service per room
are greater than 1.00 are required to meet the following additional
requirements, designed to deter crime, to obtain a license to
operate in the City of Tukwila:
1. Conform to the requirements set forth in TMC
5.60.050.
2. Provide the Tukwila Police with the names and dates
of birth of all owners, managers and employees to allow for
background checks.
3. Hold semi-annual employee training sessions,
assisted by the Tukwila Police Department.
4. Provide 24-hour front desk personnel.
5. All guests who stay more than thirty days must fill out
an Application for Tenancy (provided by the Tukwila Police
Department).
6. Install and operate video monitoring equipment in all
parking lots, monitored and recorded at the front desk 24 hours
per day, seven days per week.
7. Install lighting in all common areas (minimum
maintained 1.5 foot-candles at ground level).
8. Issue parking passes to all vehicles to be allowed to
park on the premises with each pass marked with the issue date
and expiration date.
9. Maintain a daily key log. Each key that is found to
be missing must have its corresponding lock re-keyed prior to the
room being rented. Each master key that is found to be missing
will require the establishment to re-key all corresponding locks.
10. Participate in the Tukwila Police Department
“Criminal Trespass Program.” Participation shall mean the facility
shall be registered in the “Criminal Trespass Program.”
11. Maintain the guestroom according to Uniform Health
Code and Uniform Fire Code including tamper-resistant smoke
detectors.
12. Report, repair/remove all graffiti and vandalism as
quickly as possible.
13. Follow Crime Prevention Through Environmental
Design (CPTED) standards for landscaping/plant maintenance.
These standards will be provided by the Tukwila Police De-
partment.
14. Enforce the following guest rules:
a. Rooms cannot be rented for less than a 6-hour
period.
b. No room may be used for drunkenness, fighting
or breaches of the peace. No room may be used if loud noises
come from that room. Loud noises are those noises that disturb
the tranquility of the neighborhood or those noises that would be
disturbing to a reasonable person.
c. Alcohol may not be consumed in common areas
except for designated banquet or reception rooms or areas.
15. Submit to scheduled semi-annual audits by the City
of Tukwila Police Department to verify compliance with the above-
referenced requirements.
(Ord. 1918 §7, 2000)
5.60.070 Enforcement
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).
(Ord. 2355 §38, 2011; Ord. 1918 §8, 2000)
5.60.080 Appeals
A. The applicant or license holder may appeal the decision
of the Finance Director, to suspend, deny or revoke a business
license by filing a notice of appeal with the City Clerk within 10
calendar days following receipt of the Notice of Suspension, Non-
issuance or Revocation. The notice of appeal must state the
grounds for appeal, including a detailed explanation of why the
decision to suspend, deny or revoke was incorrect. The appeal
must be accompanied by an Appeal Fee in accordance with the
fee schedule adopted by resolution of the City Council. A timely
notice of appeal shall stay the effect of the notice of non-issuance
or revocation until the City’s Hearing Examiner or other hearing
body issues a written decision on the appeal.
B. Upon timely filing of a notice of appeal, the Finance
Director shall schedule a hearing on the appeal before the City’s
Hearing Examiner or other hearing body. The hearing shall be
conducted no later than 30 days from the date of the notice of
appeal, unless an extension is agreed to by the appellant or
otherwise ordered by the Hearing Examiner or other hearing body
for good cause shown.
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C. The hearing shall be de novo. The decision of the City’s
Hearing Examiner or other hearing body shall be based upon a
preponderance of the evidence. The burden of proof shall be on
the appellant. The Hearing Examiner or other hearing body may
affirm, reverse or modify the Finance Director’s decision.
D. Within 20 business days, excluding holidays recognized
by the City of Tukwila, from the date of the hearing on an appeal
under this section, the Hearing Examiner or other hearing body
shall issue a written decision, which shall set forth the reasons
therefor.
(Ord. 2496 §30, 2016; Ord. 1918 §9, 2000)
5.60.090 Remedies cumulative
The remedies provided for herein for failure to comply with
this chapter shall be cumulative and in addition to any other
remedy at law or equity.
(Ord. 1918 §10, 2000)
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CHAPTER 5.61
RETAIL CARRYOUT BAGS
Sections:
5.61.010 Definitions
5.61.020 Carryout Bag Regulations
5.61.030 Exemptions
5.61.040 Violation - Penalty
This Chapter was repealed by Ordinance 2629, May 2020
CHAPTER 5.62
REVENUE GENERATING REGULATORY
LICENSES
Sections:
5.62.010 Regulatory Licenses
This Chapter was repealed by Ordinance No. 2356
November 2011.
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CHAPTER 5.63
LABOR STANDARDS FOR CERTAIN
EMPLOYEES
Sections:
5.63.010 Findings
5.63.020 Definitions
5.63.030 Intent
5.63.040 Large Employers Shall Pay Minimum Wages
Comparable to Those in Neighboring Cities
5.63.050 Other Covered Employers Shall Have a Multiyear
Phase-In Period
5.63.060 Coverage and Employer Classifications
5.63.070 Part-Time Employees Shall Have Fair Access to
Additional Hours
5.63.080 Retaliation Prohibited
5.63.090 Enforcement
5.63.100 Other Legal Requirements
5.63.110 Rulemaking
5.63.120 Constitutional Subject
5.63.130 Severability
5.63.010 Findings
A. The people of the City of Tukwila hereby adopt this citizen
initiative addressing labor standards for certain employees, for the
purpose of ensuring that, to the extent reasonably practicable,
people employed in Tukwila have good wages and access to
sufficient hours of work.
B. The City of Tukwila is one of largest job centers in
Washington State, including thousands of retail and food service
jobs at and around the Westfield Southcenter Mall. Wages and
working conditions in Tukwila contribute to setting the standard for
the entire region.
C. The statewide minimum wage is not sufficient to afford
rising rents and costs of living in Washington State. According to
the National Low Income Housing Coalition’s Out of Reach 2021
report, a worker making Washington’s minimum wage would have
to work 70 hours each week to afford a modest one-bedroom
rental home at Fair Market Rent.
D. When working families earn insufficient income due to
low wages and involuntary under-employment, they struggle to
pay for basic necessities like health care, child care, and
groceries, and they are more likely to be evicted and become
homeless.
E. Tukwila’s neighboring cities of SeaTac and Seattle
enacted higher minimum wages in 2013 and 2014, but until now
Tukwila has not followed suit.
(Initiative Measure No. 1, Adopted 2022
Certified by King County Elections on November 29, 2022)
5.63.020 Definitions
For purposes of this chapter, the following words or phrases
shall have the meaning prescribed as follows:
A. “City” means the City of Tukwila.
B. “Covered employer” means an employer that either: (1)
employs at least 15 employees regardless of where those
employees are employed, or (2) has annual gross revenue over
$2 million.
C. “Effective date” is the effective date of this ordinance1.
D. “Employee” is defined as set forth in RCW 49.46.010.
An employer bears the burden of proof that the individual is, as a
matter of economic reality, in business for oneself rather than
dependent upon the alleged employer.
E. “Employer” is defined as set forth in RCW 49.46.010.
F. “Employer classification" includes the determination of
whether an employer is a covered employer and whether a
covered employer is a large employer.
G. "Franchise" means an agreement, express or implied,
oral or written, by which:
1. A person is granted the right to engage in the
business of offering, selling, or distributing goods or services
under a marketing plan prescribed or suggested in substantial part
by the grantor or its affiliate;
2. The operation of the business is substantially
associated with a trademark, service mark, trade name,
advertising, or other commercial symbol; designating, owned by,
or licensed by the grantor or its affiliate; and
3. The person pays, agrees to pay, or is required to
pay, directly or indirectly, a franchise fee. The term "franchise fee"
is meant to be construed broadly to include any instance in which
the grantor or its affiliate derives income or profit from a person
who enters into a franchise agreement with the grantor.
H. “Hour worked within the City” is to be interpreted
according to its ordinary meaning, including all hours worked
within the geographic boundaries of the City, excluding time spent
in the City solely for the purpose of travelling through the City from
a point of origin outside the City to a destination outside the City,
with no employment-related or commercial stops in the City except
for refueling or the employee’s personal meals or errands.
I. “Large employer” means all employers that employ
more than 500 employees, regardless of where those employees
are employed, and all franchisees associated with a franchisor or
a network of franchises with franchisees that employ more than
500 employees in aggregate.
J. “Other covered employer” means a covered employer
that does not qualify as a large employer.
K. “Service charge” is defined as set forth in RCW
49.46.160(2)(c).
L. “Tips” means a verifiable sum to be presented by a
customer as a gift or gratuity in recognition of some service
performed for the customer by the employee receiving the tip.
M. “Wage” is defined as set forth in RCW 49.46.010.
(Initiative Measure No. 1, Adopted 2022
Certified by King County Elections on November 29, 2022)
1 ”This ordinance” references Initiative Measure No. 1, as approved by voters and certified by King County Elections on November 29, 2022
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5.63.030 Intent
It is the intent of the people to establish fair labor standards
and protect the rights of workers by: (1) ensuring that the vast
majority of employees in the City of Tukwila receive a minimum
wage comparable to employees in neighboring cities of SeaTac
and Seattle; (2) requiring covered employers to offer additional
hours of work to qualified part-time employees before hiring new
employees to fill those hours; and (3) adopting enforcement
requirements.
(Initiative Measure No. 1, Adopted 2022
Certified by King County Elections on November 29, 2022)
5.63.040 Large Employers Shall Pay Minimum Wages
Comparable to Those in Neighboring Cities
A. Effective July 1, 2023, every large employer shall pay to
each employee an hourly wage of not less than the 2022 “living
wage rate” in the City of SeaTac, established pursuant to SeaTac
Municipal Code Section 7.45.060, adjusted for 2023 by the annual
rate of inflation.
B. On January 1, 2024, and on each January 1 thereafter,
the hourly minimum wage shall increase by the annual rate of
inflation to maintain employee purchasing power.
C. By December 31, 2022, and by October 15 of each year
thereafter, the Finance Department shall establish and publish the
applicable hourly minimum wage for the following year using the
annual rate of inflation.
D For purposes of this chapter, the annual rate of inflation
means 100 percent of the annual average growth rate of the bi-
monthly Seattle-Tacoma-Bellevue Area Consumer Price Index for
Urban Wage Earners and Clerical Workers, termed CPI-W, for the
12-month period ending in August, provided that the percentage
increase shall not be less than zero.
E. An employer must pay to its employees:
1. All tips and gratuities; and
2. All service charges as defined under RCW
49.46.160 except those that, pursuant to RCW 49.46.160, are
itemized as not being payable to the employee or employees
servicing the customer.
Tips and service charges paid to an employee are in addition
to, and may not count towards, the employee’s hourly minimum
wage.
(Initiative Measure No. 1, Adopted 2022
Certified by King County Elections on November 29, 2022)
5.63.050 Other Covered Employers Shall Have a
Multiyear Phase-In Period
Other covered employers shall phase in the new minimum
wage, as follows:
A. Effective July 1, 2023, other covered employers shall pay
employees not less than the hourly minimum wage established
under TMC Section 5.63.040 minus Two Dollars ($2) per hour.
B. Effective July 1, 2024, other covered employers shall pay
employees not less than the hourly minimum wage established
under TMC Section 5.63.040 minus One Dollar ($1) per hour.
C. Effective July 1, 2025, and thereafter, all covered
employers shall pay employees not less than the hourly minimum
wage established under TMC Section 5.63.040.
(Initiative Measure No. 1, Adopted 2022
Certified by King County Elections on November 29, 2022)
5.63.060 Coverage and Employer Classifications
A. Covered employers must pay employees at least the
minimum wage established by this chapter for each hour worked
within the City.
B. Employer classification for the current calendar year will
be calculated based upon the average number of employees
during all weeks in the previous calendar year in which the
employer had at least one employee. For employers that did not
have any employees during the previous calendar year,
classification will be based upon the average number of
employees during the most recent three months of the current
year. In this determination, all employees will be counted,
regardless of their location, and including employees who worked
in full-time employment, part-time employment, joint employment,
temporary employment, or through the services of a temporary
services or staffing agency or similar entity.
C. Employer classification for the current calendar year will
be calculated based upon the gross revenue for the previous year.
For employers that did not have gross revenue during the previous
calendar year, annual gross revenue will be calculated from the
gross revenue during the most recent three months of the current
year.
D. For the purposes of employer classification, separate
entities will be considered a single employer if they form an
integrated enterprise, or they are under joint control by one of
those entities or a separate entity. The factors to consider in
making this assessment include, but are not limited to:
1. Degree of interrelation between the operations of
multiple entities;
2. Degree to which the entities share common
management;
3. Centralized control of labor relations; and
4. Degree of common ownership or financial control
over the entities.
(Initiative Measure No. 1, Adopted 2022
Certified by King County Elections on November 29, 2022)
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5.63.070 Part-Time Employees Shall Have Fair
Access to Additional Hours
A. Before hiring additional employees or subcontractors,
including hiring through the use of temporary services or staffing
agencies, covered employers must offer additional hours of work
to existing employees who, in the employer’s good faith and
reasonable judgment, have the skills and experience to perform
the work, and shall use a reasonable, transparent, and
nondiscriminatory process to distribute the hours of work among
those existing employees.
B. This section shall not be construed to require any
employer to offer an employee work hours if the employer would
be required to compensate the employee at time-and-a-half or
other premium rate under any law or collective bargaining
agreement, nor to prohibit any employer from offering such work
hours.
(Initiative Measure No. 1, Adopted 2022
Certified by King County Elections on November 29, 2022)
5.63.080 Retaliation Prohibited
A. No employer or any other person shall interfere with,
restrain, or deny the exercise of, or the attempt to exercise, any
right protected under this chapter.
B. No employer or any other person shall take any adverse
action against any person because the person has exercised in
good faith the rights under this chapter. Such rights include but are
not limited to the right to make inquiries about the rights protected
under this chapter; the right to inform others about their rights
under this chapter; the right to inform the person’s employer,
union, or similar organization, and/or the person’s legal counsel or
any other person about an alleged violation of this chapter; the
right to bring a civil action for an alleged violation of this chapter;
the right to testify in a proceeding under or related to this chapter;
the right to refuse to participate in an activity that would result in a
violation of city, state, or federal law; and the right to oppose any
policy, practice, or act that is unlawful under this chapter.
C. For the purposes of this section, an adverse action
means denying a job or promotion, demoting, terminating, failing
to rehire after a seasonal interruption of work, threatening,
penalizing, retaliating, engaging in unfair immigration-related
practices, filing a false report with a government agency, changing
an employee’s status to nonemployee, decreasing or declining to
provide additional work hours when they otherwise would have
been offered, scheduling an employee for hours outside of their
availability, or otherwise discriminating against any person for any
reason prohibited by this chapter. “Adverse action” for an
employee may involve any aspect of employment, including pay,
work hours, responsibilities, or other material change in the terms
and conditions of employment.
D. No employer or any other person shall communicate to a
person exercising rights protected under this chapter, directly or
indirectly, the willingness to inform a government employee that
the person is not lawfully in the United States, or to report, or to
make an implied or express assertion of a willingness to report,
suspected citizenship or immigration status of the person or a
family member of the person to a federal, state, or local agency
because the person has exercised a right under this chapter.
E. It shall be a rebuttable presumption of retaliation if
an employer or any other person takes an adverse action against
a person within 90 days of the person’s exercise of any right
protected in this chapter. However, in the case of seasonal work
that ended before the close of the 90-day period, the presumption
also applies if the employer fails to rehire a former employee at the
next opportunity for work in the same position. The employer may
rebut the presumption with clear and convincing evidence that the
adverse action was taken for a permissible purpose.
F. Standard of Proof. Proof of retaliation under this
chapter shall be sufficient upon a showing that an employer or any
other person has taken an adverse action against a person and
the person’s exercise of rights protected in this chapter was a
motivating factor in the adverse action, unless the employer can
prove that the action would have been taken in the absence of
such protected activity.
G. The protections afforded under this section shall
apply to any person who mistakenly but in good faith alleges
violations of this chapter.
(Initiative Measure No. 1, Adopted 2022
Certified by King County Elections on November 29, 2022)
5.63.090 Enforcement
A. Any person or class of persons that suffers financial
injury as a result of a violation of this chapter or is the subject of
prohibited retaliation under this chapter, or any other individual or
entity acting on their behalf, may bring a civil action in a court of
competent jurisdiction against the employer or other person
violating this chapter and, upon prevailing, shall be awarded
reasonable attorney fees and costs and such legal or equitable
relief as may be appropriate to remedy the violation including,
without limitation, the payment of any unpaid wages plus interest
due to the person and liquidated damages in an additional amount
of up to twice the unpaid wages; compensatory damages; and a
penalty payable to any aggrieved party of up to $5,000 if the
aggrieved party was subject to prohibited retaliation. For the
purposes of this section, an aggrieved party means an employee
or other person who suffers tangible or intangible harm due to an
employer or other person’s violation of this chapter. Interest shall
accrue from the date the unpaid wages were first due at the higher
of twelve percent per annum or the maximum rate permitted under
RCW 19.52.020.
B. For purposes of determining membership within a class
of persons entitled to bring an action under this section, two or
more employees are similarly situated if they:
1. Are, or were, employed by the same employer or
employers, whether concurrently or otherwise, at some point
during the applicable statute of limitations period;
2. Allege one or more violations that raise similar
questions as to liability; and
3. Seek similar forms of relief.
4. Employees shall not be considered dissimilar solely
because their claims seek damages that differ in amount, or their
TITLE 5 – BUSINESS LICENSES AND REGULATIONS
Produced by the City of Tukwila, City Clerk’s Office Page 5–46
job titles or other means of classifying employees differ in ways
that are unrelated to their claims.
C. Each covered employer shall retain records as required
by RCW 49.46.070, as well as such information as the City may
require, to confirm compliance with this chapter. If an employer
fails to retain such records, there shall be a presumption,
rebuttable by clear and convincing evidence, that the employer
violated this chapter for the periods and for each employee for
whom records were not retained.
D. Employers shall permit authorized City representatives
access to work sites and relevant records for the purpose of
monitoring compliance with the chapter and investigating
complaints of noncompliance, including production for inspection
and copying of employment records. The City may designate
representatives, including city contractors and representatives of
unions or worker advocacy organizations, to access the worksite
and relevant records.
E. Complaints that any provision of this chapter has been
violated may also be presented to the City Attorney, who is hereby
authorized to investigate and, if they deem appropriate, initiate
legal or other action to remedy any violation of this chapter.
F. The City has the authority to issue administrative
citations and to order injunctive relief including reinstatement,
restitution, payment of back wages, or other forms of relief.
G. The City may, in the exercise of its authority and
performance of its functions and services, agree by contract or
otherwise to participate jointly or in cooperation with Washington
State, King County, or any city, town, or other incorporated place,
or subdivision thereof, or engage outside counsel, to enforce this
chapter.
H. The remedies and penalties provided under this chapter
are cumulative and are not intended to be exclusive of any other
available remedies or penalties, including existing remedies for
enforcement of Tukwila Municipal Code chapters.
I. The statute of limitations for any enforcement action shall
be five (5) years.
(Initiative Measure No. 1, Adopted 2022
Certified by King County Elections on November 29, 2022)
5.63.100 Other Legal Requirements
This ordinance shall not be construed to preempt, limit, or
otherwise affect the applicability of any other law, regulation,
requirement, policy, or standard that provides for greater wages or
compensation; and nothing in this ordinance shall be interpreted
or applied so as to create any power or duty in conflict with federal
or state law.
(Initiative Measure No. 1, Adopted 2022
Certified by King County Elections on November 29, 2022)
5.63.110 Rulemaking
Within 180 days after the effective date, the City shall adopt
rules and procedures to implement and ensure compliance with
this chapter, which shall require employers to maintain adequate
records and to annually certify compliance with this chapter. The
City shall seek feedback from worker organizations and covered
employers before finalizing the rules and procedures.
(Initiative Measure No. 1, Adopted 2022
Certified by King County Elections on November 29, 2022)
5.63.120 Constitutional Subject
For constitutional purposes, this measure’s subject “concerns
labor standards for certain employers.” See Filo Foods, LLC v. City
of SeaTac, 183 Wash. 2d 770, 783, 357 P.3d 1040, 1047 (2015)
(upholding this statement of subject for an initiative that set a
minimum wage and addressed employees’ access to hours).
(Initiative Measure No. 1, Adopted 2022
Certified by King County Elections on November 29, 2022)
5.63.130 Severability
The provisions of this chapter are declared to be separate and
severable. If any clause, sentence, paragraph, subdivision,
section, subsection, or portion of this chapter, or the application
thereof to any employer, employee, or circumstance, is held to be
invalid, it shall not affect the validity of the remainder of this
chapter, or the validity of its application to other persons or
circumstances.
(Initiative Measure No. 1, Adopted 2022
Certified by King County Elections on November 29, 2022)