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HomeMy WebLinkAboutOrd 1788 - Procedures for Denial or Revocation of Business Licenses 2120 §1 (part) 2315 §1 (part) 2179 City of Tukwila Washington Ordinance No. g g AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO BUSINESS LICENSES, AMENDING CHAPTER 5.04 OF THE TUKWILA MUNICIPAL CODE TO CLARIFY PROCEDURES FOR DENIAL OR REVOCATION OF BUSINESS LICENSES; REPEALING ORDINANCE NOS. 537, 583, 633, 1196, 1589 AND 1678; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council has considered the provisions of Tukwila Municipal Code Chapter 5.04 and desires to clarify the procedures for denial or revocation of business licenses; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: SECTION 1. Chapter 5.04 of the Tukwila Municipal Code is hereby amended to read as follows: 5.04.010 Definitions. For the purpose of this chapter, the following definitions shall apply: (1) "Business" means any operation performed by any person which 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 to the general public or a portion thereof for any consideration at each established place of business, store, office, shop or yard within the City limits. (2) "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. (3) "Person engaged in business" means the owner or one primarily beneficially interested in lawful business for profit and not employees. 5.04.020 Application and fees required. (a) Any person desiring to establish or conduct any business enterprise or undertaking within the cor- porate limits of the City shall first apply to the City Clerk for a license to conduct such business. The ap- plication shall be upon a form furnished by the Clerk on which the applicant shall state the company name and address; the nature of the business activity or activities in which he desires to engage; the place where the business will be conducted; the number of employees, whether full or part -time, on the payroll as of January 1, or, if a new business, the number to be employed on the opening date; and other informa- tion pertaining to the business as required by the City. (b) The application must be accompanied by a check, cash or money order for the amount of the license fee. All fees will be based on the number of employees, whether full or part -time, as follows: 0 -5 $50.00 6 -100 100.00 101 and above 200.00 5.04.030 Renewal. Upon review and approval of the application, the City Clerk will issue a license to the applicant. The li- cense shall grant to the applicant the privilege to conduct such business at a designated location in the City. Such license may be renewed by payment of the year's fee prior to January 1. BUSDENY.DOC 12/17/96 1 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 either for the current year or portion thereof during which year or portion thereof he engages in business. 5.04.050 Fee for late acquisition or renewal. The license fee shall be increased for failure to acquire a license within 30 days of commencing business operations or for failure to renew said license within 30 days of expiration date in the following amounts: First 30 days, $20.00; each 30 days thereafter, $20.00. 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. 5.04.070 Change in nature of business. The license granted in pursuance hereof shall be used to conduct the business or type of business at the designated address for which such license is issued. Any change in the nature of the business shall neces- sitate a renewed application to the Council. 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 pro- curing a license as provided in this chapter. The license shall thereafter be prominently displayed in the place of business of the applicant. 5.04.090 Exemption. 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. 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, he shall not be granted a license for the current year until such delinquent license fees as set forth in TMC 5.04.050 have been paid, in addition to the current years' required fee. 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. 5.04.110 Denial Revocation. (a) The City Clerk may deny or revoke any license under this chapter for a period of up to one year, where one or more of the following conditions exist: (1) 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 City Clerk; (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 the Tukwila Municipal Code; (3) 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. (b) Upon determination that grounds for denial, suspension or revocation of a license exist, the City Clerk shall send the license holder a Notice of Denial, Suspension or Revocation. Grounds for denial, sus- pension or revocation include, repetition of a violation of any provision of the Tukwila Municipal Code that has been accompanied by a warning notice of such violation or previous notice of the violation. The Notice of Denial, Suspension or Revocation shall set forth the grounds for denial, suspension or revocation and a statement advising that the person may appeal from the Notice of Denial, Suspension or Revocation to the Hearing Officer, provided that the appeal is made in writing and filed with the City Clerk within ten days from the date of receipt of the Notice of Denial, Suspension or Revocation, and that failure to so appeal shall constitute a waiver of all rights to any additional administrative hearing or determination on the matter. Upon issuance of such Notice, the license is suspended or revoked and is no longer valid and current, unless appealed as provided in this chapter, in which case the effect of the suspension or the revo- cation is stayed pending the outcome of the appeal. (c) Receipt of the Notice of Denial, Suspension or Revocation. The Notice of Denial, Suspension or Revocation shall be served upon the license holder either personally or by mailing a copy of such Notice by certified mail, postage prepaid, return receipt requested to such license holder to his or her last known ad- dress as provided in the license application. Alternatively, the Notice may be posted upon the premises where such license holder conducts his or her business, which is the subject of the denied or revoked li- cense. BUSDENY.DOC 12/17/96 2 5.04.112 Appeal of Notice of Denial, Suspension or Revocation. Appeals from a Notice of Denial, Suspension or Revocation under this chapter shall be conducted in the same manner as appeals from a "Notice and Order" under Tukwila Municipal Code Chapter 8.45. 5.04.114 Violations. (a) A businesses' first violation of this chapter shall result in a license suspension for ninety (90) days. (b) A businesses' second violation of this chapter shall result in a license suspension for one hundred eighty (180) days. (c) A businesses' third violation of this chapter shall result in the revocation of the license for one year. 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 chap- ter within a year of such application for a license. 5.04.120 Regulation adoption and publication Failure to comply. The City Clerk shall have the power and it shall be her duty from time to time to adopt, publish and en- force 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. SECTION 2. REPEALER. Ordinance Nos. 537, 583, 633,1196,1589 and 1678 are hereby repealed. SECTION 3. SEVERABILITY. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconsti- tutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 4. EFFECTIVE DATE. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after passage and publi- cation as provided by law. PASSED BY THE CIS Y I OUNCIL OF THE= TUKWILA, WASHINGTON, at a Regular Meet- ing thereof this /6 day of ,1996. B 0 fice of thetitY Att ney ATTEST /AUTHENTICATED: cee,,,LA o ne E. Cantu, City Clerk APPROVED AS TO FORM: FILED WITH T CITY CLERK: /2 -/2 PASSED BY THE CITY COUNCIL: l 1� PUBLISHED: /02 -96 EFFECTIVE DATE: /,2 .5 7� ORDINANCE NO.: /7 (1 W. Rants, Mayor BUSDENY.DOC 12/17/96 3 The full text of this ordinance will be mailed without charge to anyone who submits a written request to the City Clerk of the City of Tukwila for a copy of the Ac text. APPROVED by the City Council at its meeting of 1.97 /�6 Published Seattle Times: SUMMARY OF ORDINANCE NO. 2 l AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO BUSINESS LICENSES, AMENDING CHAPTER 5.04 OF THE TUKWILA MUNICIPAL CODE TO CLARIFY PROCEDURES FOR DENIAL OR REVOCATION OF BUSINESS LICENSES; REPEALING ORDINANCE NOS. 537, 583, 633, 1196, 1589 AND 1678; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. On /02 6 the City Council of the City of Tukwila passed Ordinance No. 788 clarifying the procedures for denial or revocation of business licenses; providing for severability and establishing an effective date. CITY OF TUKWILA Cantu, City Clerk