Chapter 5.05 BUSINESS LICENSES

The provisions of this chapter shall be deemed an exercise of the power of the city to license for revenue. The provisions of this chapter prescribing license fees shall be strictly construed in favor of the applicability of the license fee. [Ord. 538 § 1 (Exh. A), 2010; Ord. 318 § 1, 2000; Ord. 281 § 3, 1999]

5.05.020 Dedicated revenue.

The revenue generated from business license fees shall be dedicated to maintenance or capital improvements in commercial areas of the city of Burien, promotion of economic development, and costs associated with periodic auditing and collection to assure accurate business participation in the payment of the business license fee. [Ord. 538 § 1 (Exh. A), 2010; Ord. 318 § 1, 2000; Ord. 281 § 4, 1999]

5.05.030 Licensing authority.

Repealed by Ord. 538. [Ord. 318 § 1, 2000; Ord. 281 § 5, 1999]

5.05.040 Licensing program – Adopted by reference.

Repealed by Ord. 538. [Ord. 318 § 1, 2000; Ord. 281 § 6, 1999]

5.05.050 Definitions.

For purposes of this title and unless otherwise provided, the following definitions shall apply:

(1) Engaging in Business.

(a) The term “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.

(b) 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 minimis 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” in this subsection (1). 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.

(c) Without being all inclusive, any one of the following activities conducted within the city by a person, or its agent, broker, contractor (of any tier), employee, representative, or another acting on its behalf, constitutes engaging in business and requires a person to register and obtain a business license:

(i) Owning, renting, leasing, maintaining, or having the right to use, or using, tangible and/or intangible personal property, or real property permanently or temporarily located in the city.

(ii) Owning, renting, leasing, using, or maintaining, an office, place of business, or other establishment in the city.

(iii) Soliciting sales.

(iv) Making repairs or providing maintenance or service to real or tangible personal property, including warranty work and property maintenance.

(v) Providing technical assistance or service, including but not limited to 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.

(vi) Constructing, installing, or supervising installation or construction of, real or tangible personal property.

(vii) Soliciting, negotiating, or approving franchise, license, or similar agreements.

(viii) Collecting current or delinquent accounts.

(ix) Picking up and transporting tangible personal property, solid waste, construction debris, or excavated materials.

(x) 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.

(xi) Rendering professional services including but not limited to those provided by accountants, architects, attorneys, auctioneers, barbers, baseball clubs and other sports organizations, chemists, consultants, court reporters, dentists, detectives, doctors, engineers, laboratory operators, professional athletes, psychologists, teachers, and veterinarians.

(xii) Meeting with customers or potential customers, even when no sales or orders are agreed to or solicited at the meeting.

(xiii) Training or recruiting agents, brokers, contractors of any tier, representatives, or others, domiciled or operating on a job in the city, acting on its behalf, or for customers or potential customers.

(xiv) Investigating, resolving, or otherwise assisting in resolving customer complaints.

(xv) 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.

(xvi) Delivering goods in vehicles owned, rented, leased, used, or maintained by the person or another acting on its behalf.

(d) If a person, or its agent, broker, contractor of any tier, employee, representative, 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:

(i) Meeting with suppliers of goods and services as a customer.

(ii) Meeting with government representatives in their official capacity, other than those performing contracting or purchasing functions.

(iii) 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 directors member or attendee engaging in business such as a member of a board of directors who attends a board meeting.

(iv) Renting tangible or intangible property as a customer when the property is not used in the city.

(v) 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.

(vi) Conducting advertising through the mail.

(vii) Soliciting sales by phone from a location outside the city.

(e) 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 (1)(d) of this section.

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.

To the extent not included herein, the term “engaging in business” also includes activities of the type subject to taxation under Chapter 3.12 BMC, nonprofit or public “persons,” contractors engaged temporarily at a job location within the city, on-site apartment management personnel, and home occupations.

(2) “Person” means any person, firm, corporation, company, person acting in a fiduciary capacity, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, or nonprofit.

(3) “Home occupation” has the same meaning as that term is defined in the Burien Zoning Code but, for purposes of this chapter, includes businesses based in a dwelling unit or an accessory building outside as well as inside the city.

(4) “Employee” means an individual, whether employed full-time or part-time, located within the city, either permanently or temporarily, on the payroll of the business at the time of application for the business license.

(5) “Business Licensing Service” or “BLS” means the office within the Washington State Department of Revenue providing business licensing services to the city of Burien. [Ord. 735 § 1, 2020; Ord. 538 § 1 (Exh. A), 2010; Ord. 433 § 2, 2005; Ord. 360 § 1, 2002; Ord. 322 § 13, 2001; Ord. 318 § 1, 2000; Ord. 281 § 7, 1999]

5.05.060 Business license required.

Unless otherwise exempted by this chapter, any person engaging in business within the city, whether any office or physical facility of such business shall be located within or outside the city, will first apply for and obtain a business license and pay the fees as prescribed herein. [Ord. 538 § 1 (Exh. A), 2010; Ord. 360 § 2, 2002; Ord. 322 § 14, 2001; Ord. 318 § 1, 2000; Ord. 281 § 8, 1999]

5.05.070 Separate licenses required.

A separate business license must be obtained for each separate location within the city at which business is conducted by a person. A separate business license must be obtained by a person for each different and distinct business activity conducted by them, whether at the same location, within the city, as another licensed business activity, or at a different location within the city. If two or more persons each conduct a separate business at the same permanent physical location in the city, each such person must obtain their own separate business license or licenses for their respective business and/or multiple business activities at that location. A business with no permanent place of business within the city must obtain a business license even if such nonresident business delivers the same general type of goods or services to several locations within the city or performs the same general type of work at several locations within the city. [Ord. 735 § 1, 2020; Ord. 538 § 1 (Exh. A), 2010; Ord. 360 § 3, 2002; Ord. 318 § 1, 2000; Ord. 281 § 9, 1999]

5.05.075 Notification of exemption or termination of business activities.

(1) Every person who has obtained a business license required by this chapter and who thereafter ceases to engage in business within the city must, prior to expiration of the current business license, notify the Business Licensing Service and the city clerk that the business activities have ceased. Any business for which a license has been issued will be presumed to continue in operation within the city unless notice of termination of business activities has been given, and the city may commence applicable enforcement proceedings on the basis of such presumption.

(2) Every person who engages in business in the city, which is exempt or becomes exempt from the provisions of this chapter under federal, state, or local laws, must notify the Business Licensing Service and the city clerk of the exemption and the basis therefor. [Ord. 735 § 1, 2020; Ord. 538 § 1 (Exh. A), 2010]

5.05.080 Change in nature or location of business.

Each business license authorizes a particular type of business at the designated location. Any change in the nature of the business will require obtaining a new business license for the new activity, as provided for in this chapter, prior to engaging in the new business activity. A change of location must be reported to the Business Licensing Service sufficiently prior to the proposed change to allow the city clerk to review and approve the change prior to commencing business at the new location. [Ord. 735 § 1, 2020; Ord. 538 § 1 (Exh. A), 2010; Ord. 318 § 1, 2000; Ord. 281 § 10, 1999]

5.05.090 Exemptions from license requirement.

Notwithstanding the requirements of BMC 5.05.060, the following shall not be required to apply for and obtain a business license:

(1) Casual or isolated sales made by persons who are not engaged in the business of selling the type of property involved, providing that not more than four such transactions are made during any tax year;

(2) Sales, delivery, or peddling of any fruits, vegetables, berries, eggs, or any farm produce or edibles raised, gathered, produced, or manufactured by any farmer, gardener, or other person;

(3) Minors engaged in babysitting, delivery of newspapers, mowing lawns, washing cars, and similar activities; and

(4) Any instrumentality of the United States, the state of Washington, or political subdivisions thereof, including but not limited to any county, city, or special purpose district, with respect to exercise of governmental functions. [Ord. 538 § 1 (Exh. A), 2010; Ord. 318 § 1, 2000; Ord. 281 § 11, 1999]

5.05.091 Exemptions for nonprofit festivals.

(1) No license shall be required of any person who operates a business in conjunction with nonprofit community festivals, as approved by the city manager or designee; provided all of the following criteria are met:

(a) The business does not operate within the city more than three consecutive days;

(b) The business does not operate within the city more than 12 days in a calendar year; and

(2) Any person claiming the exemption set forth in this section shall register with the city, on a form prescribed by the city manager or designee, each time he or she engages in business within the city, to track the number of days said person does business within the city. [Ord. 538 § 1 (Exh. A), 2010]

5.05.092 Exemptions – Fee waiver.

The licensing provisions of this chapter shall apply to the following persons and organizations; however, the business license fees shall be waived for:

(1) Any person or organization engaged in a not-for-profit (i.e., nonprofit) enterprise, either regularly or temporarily, when it is without private profit, for a public, charitable, funding-raising, educational, literary, fraternal, or religious purpose when such persons sufficiently demonstrate their not-for-profit status through Internal Revenue Service documentation or other means acceptable to the city manager or designee; and

(2) 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 director or designee. The threshold does not apply to regulatory license requirements or activities that require a specialized permit. [Ord. 702 § 1, 2018; Ord. 538 § 1 (Exh. A), 2010]

5.05.100 License – Application.

(1) No business license will be issued except upon application being made therefor through the Business Licensing Service prior to commencing business in the city. The application must include all information required for each license being requested, the total fees due for all licenses requested, and the application handling fee required by RCW 19.02.075.

(2) The city’s business license fee is nonrefundable unless the city manager or designee determines, in his or her sole discretion, that refunding a city license fee is in the best interests of the city. Upon the city’s approval of the application, the business license will be issued by the Business Licensing Service. [Ord. 735 § 1, 2020; Ord. 538 § 1 (Exh. A), 2010; Ord. 360 § 4, 2002; Ord. 318 § 1, 2000; Ord. 281 § 12, 1999]

5.05.110 Business license fee.

The city’s business license fees will be established by separate resolution of the city council. [Ord. 735 § 1, 2020; Ord. 538 § 1 (Exh. A), 2010; Ord. 433 § 1, 2005]

5.05.120 Fee – Prorating.

The city’s business license fee provided for in BMC 5.05.110 is for a full license year, but may be prorated as the city deems necessary, as set forth in BMC 5.05.160(2). [Ord. 735 § 1, 2020; Ord. 538 § 1 (Exh. A), 2010; Ord. 360 § 6, 2002; Ord. 318 § 1, 2000; Ord. 281 § 14, 1999]

5.05.130 General qualifications of licensees.

No license shall be issued to any of the following applicants:

(1) Any applicant who has been convicted of a crime which relates directly to the specific business for which the license is sought; provided, that the time elapsed between the conviction and the date of license application is less than five years for a felony conviction, and less than one year for a gross misdemeanor or misdemeanor conviction.

(2) Any applicant who has suffered a civil judgment based upon fraud, misrepresentation, violation of the Washington Consumer Protection Act, or similar state or federal statutes, or any other judgment or cease and desist order, or consent degree, relating to business activities; provided, that the time elapsed between the entry of judgment and the date of application is less than two years.

(3) Any applicant who does not possess a current and valid state license for operation of their business, if a state license is required. [Ord. 538 § 1 (Exh. A), 2010; Ord. 318 § 1, 2000; Ord. 281 § 15, 1999]

5.05.140 License – Grounds for suspension or revocation.

The city manager or designee may deny, suspend, or revoke a business license due to, but not be limited to, one or more of the following:

(1) The licensee procured the license by fraud or misrepresentation of fact;

(2) The licensee has failed to make timely payment of any monies owed or due to be paid to Burien;

(3) The licensee failed to comply with any of the provisions of this municipal code including but not limited to the zoning code and other development regulations or applicable federal, state, or county law, rule, or regulation;

(4) The licensee, or licensee’s management personnel, has been convicted of a crime, or suffered civil judgment or consent decree that bears a direct relationship to the conduct of the business licensed pursuant to this chapter;

(5) The licensee has caused or permitted a public nuisance to exist on the business premises;

(6) The licensee has engaged in, permitted, or acquiesced in unlawful activity on the business premises under any applicable guideline, law, ordinance, regulation, statute, or controlling authority;

(7) The licensee has failed to pay a civil penalty or to comply with any notice and order issued by the city of Burien;

(8) The licensee’s continued conduct of the business will, for any other reason, result in a disturbance of the enjoyment, peace, and tranquility of the neighborhood or neighbors for more than an hour, or a substantial danger to the public health, safety, or welfare; or

(9) The licensee’s business, business activities, business equipment or tools storage, employees, or conduct has resulted in two or more police- or city staff-verified complaints of prohibited conduct made by one or more neighbors about the licensee’s business, business activities, business equipment or tools storage, employees, or conduct. The police or city staff may verify or corroborate the complaints by personal observation, or by viewing photographs, videos, or any other credible and reliable information. A conviction or finding of a violation is not required. “Prohibited conduct” in this subsection means unlawful or proscribed conduct under any applicable federal, state, or municipal law, guideline, order, permit condition, regulation, or other controlling authority.

(10) For purposes of this section, and to the degree that its use is reasonable, “licensee” means the licensee and any of the licensee’s agent(s), contractor(s), employee(s), or volunteer(s).

(11) For purposes of this section, a finding of guilt or liability is not required to find a violation of the municipal code or any applicable guideline, law, ordinance, regulation, statute, or controlling authority that provides a basis for a denial, revocation, or suspension of a business license or business license application. [Ord. 764 § 1, 2021; Ord. 538 § 1 (Exh. A), 2010; Ord. 318 § 1, 2000; Ord. 281 § 16, 1999]

5.05.150 Appeal of denial, suspension or revocation.

(1) Any person, firm or corporation whose license has been denied, suspended or revoked may appeal to the hearing examiner from such finding by filing a written notice of appeal with the city manager or designee within 14 calendar days from the time such business was given notice of such denial, suspension or revocation.

(2) Appeals from the denial, suspension or revocation of a business license under this chapter will be governed by the provisions of Chapter 2.20 BMC. [Ord. 538 § 1 (Exh. A), 2010; Ord. 318 § 1, 2000; Ord. 312 § 7, 2000; Ord. 281 § 17, 1999]

5.05.160 License – Term.

(1) Business licenses issued are effective until the expiration date established by the Business Licensing Service, unless sooner suspended or revoked by the city, as provided in this chapter.

(2) All other licenses or permits as may be governed under other chapters of this title are effective for the license year of issuance, provided the term of licensure and the respective fee amount may be prorated as necessary. Such a license year will be effective until the expiration date established by the Business Licensing Service, unless sooner suspended or revoked by the city, as provided in this chapter. [Ord. 735 § 1, 2020; Ord. 538 § 1 (Exh. A), 2010; Ord. 318 § 1, 2000; Ord. 281 § 18, 1999]

5.05.170 License – Renewal.

Application for renewal of all business licenses must be made on or before the expiration date established by the Business Licensing Service if the business is to continue.

(1) Application for renewal is made through the Business Licensing Service. A business which has timely applied for renewal of such license may remain in business under its existing license until such time as the renewal license is either approved or denied.

(2) The renewal application must include all information required for all licenses being renewed, the total fees for all licenses, and the renewal application handling fee required by RCW 19.02.075, as it may be amended.

(3) The term of the license and the respective fee amount may be prorated as necessary to allow synchronizing the expiration date with the expiration of the business license account maintained by the Business Licensing Service.

(4) Failure to submit the complete license renewal by the expiration date will incur the late renewal penalty required by RCW 19.02.085, in addition to all other fees due.

(5) Failure to complete the license renewal within 120 days after the license expiration will result in the cancellation of the license, and will require submission and approval of a new license application if business is to be continued within the city, and may incur other penalties as imposed by the city under other provisions of this chapter. [Ord. 735 § 1, 2020; Ord. 538 § 1 (Exh. A), 2010; Ord. 360 § 7, 2002; Ord. 318 § 1, 2000; Ord. 281 § 19, 1999]

5.05.180 Penalty for late application.

Any applicant who commences business in the city prior to approval of the initial license application will be subject to a city-imposed penalty equal to the initial business license fee, in addition to the actual license fee if the application is 30 or more days delinquent. [Ord. 735 § 1, 2020; Ord. 538 § 1 (Exh. A), 2010; Ord. 360 § 8, 2002; Ord. 318 § 1, 2000; Ord. 281 § 20, 1999]

5.05.190 Administrative rules and regulations.

The city manager or designee is authorized but not required to adopt and enforce rules and regulations, not inconsistent with the provisions of this chapter, and any other business license or regulation ordinance, and it shall be unlawful for any person to violate or fail to comply with any of these rules and regulations. All such rules and regulations promulgated by the city manager or designee shall be reduced to writing, shall be provided by the city to the licensee with each new or renewal business license upon request, or shall be mailed to each licensee for information of the licensee and the licensee’s employees and agents. Such rules and regulations shall also be available for public inspection at the offices of the city manager or designee. [Ord. 735 § 1, 2020; Ord. 538 § 1 (Exh. A), 2010; Ord. 318 § 1, 2000; Ord. 281 § 21, 1999]

5.05.200 Licenses – General provisions.

(1) Exemptions. The license fee provisions of this chapter shall not apply to any business, firm or corporation which the city is forbidden to tax by law.

(2) Renewal. The city manager or designee is authorized, but not required, to mail to businesses forms for application for licenses, but failure of the business to receive any such form shall not excuse the business from making application for and securing the license required and payment of the license fee when and as due hereunder.

(3) Penalties.

(a) Collection. Any license fee, penalty or tax due and unpaid and delinquent under this chapter, and all penalties thereon, may be collected by civil action, which remedy shall be in addition to any and all other existing remedies and penalties.

(b) Nuisance. Any business failing to obtain or maintain a business license and yet conducting business within the city limits of the city is hereby declared to be a nuisance and is subject to applicable enforcement provisions for nuisances contained in the Burien Municipal Code or otherwise at law.

(c) Beginning with the 2002 – 2003 license period, 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 BMC 5.05.180 have been paid, in addition to the current year’s 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.

(d) Criminal Penalties. In addition to or as an alternative to any other penalty provided herein or by any other business license or regulation ordinance, any person who violates any provision of this chapter shall be guilty of a misdemeanor, and shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine.

(4) Appeal of Assessed Fee.

(a) Any business aggrieved by the amount of the fee found by the city manager or designee to be required under the provisions of this chapter may appeal to the hearing examiner from such assessment by filing a written notice of appeal with the city manager or designee within 15 days from the time such business was given notice of such amount.

(b) The city manager or designee shall, as soon as practicable, fix a time and place for the hearing of such appeal, which time shall be not more than 30 days after the filing of the notice of appeal. The city manager or designee shall cause a notice of the time and place thereof to be mailed to the appellant.

(c) At the hearing the business shall be entitled to be heard and to introduce evidence in its own behalf. The hearing examiner before which the appeal is to be heard may, by subpoena, require the attendance of any person and may also require them to produce any pertinent books and records. Any person served with such subpoena shall appear at the time and place therein stated and produce the books and records required, if any, and shall testify truthfully under oath administered by the hearing examiner as to any matter required of them pertinent to the appeal, and it shall be unlawful for them to fail or refuse so to do.

(d) The hearing examiner shall ascertain the correct amount of the fee and make a written finding, supported by the record. The written finding will be sent to the city and the business.

(e) Failure of any business to file an appeal in accordance with the provisions of this subsection shall constitute a waiver of the right to an administrative hearing to contest the amount of the assessed fee.

(f) Any business aggrieved by the decision of the hearing examiner may seek review of that decision in the superior court of the state of Washington for King County by application for writ of certiorari, or other judicial review, within 20 calendar days following the decision of the hearing examiner. If the aggrieved party fails to obtain such judicial review within 20 calendar days following the hearing examiner’s decision, the city attorney may invoke the aid of the appropriate court to secure enforcement and compliance with the hearing examiner’s decision.

(g) Enforcement of any fee assessment will be stayed during the pendency of any timely appeal therefrom.

(5) Statute of Limitations for Unlicensed Businesses. No penalties shall be imposed or remedies sought under subsection (3) of this section more than three years following the close of the license year in which there is noncompliance with the provisions of this chapter, commencing with the license year ending July 31, 2002. The previous sentence shall not apply if the city shows that the business’s operation without a business license resulted from such business’s willful intent to operate its business without a new or renewal business license.

(6) Assignability and Transferability of the Business License. A business license is personal and not transferable or assignable. In the case of a change in ownership of a business, the new owner must obtain their own business license, as provided for in this chapter, prior to commencing business in the city under the acquired business. [Ord. 735 § 1, 2020; Ord. 538 § 1 (Exh. A), 2010; Ord. 360 § 9, 2002; Ord. 318 § 1, 2000; Ord. 281 § 22, 1999]

5.05.210 Independent contractors to be licensed.

Any person, firm or corporation doing business in Burien may not employ the services of any independent contractors who have not first obtained a Burien business license under the provisions of this chapter. [Ord. 735 § 1, 2020; Ord. 538 § 1 (Exh. A), 2010; Ord. 318 § 1, 2000; Ord. 281 § 23, 1999]

5.05.220 Confidentiality of information.

The current provisions of RCW 82.32.330, RCW 19.02.115, and subsequent amendments thereof are hereby adopted by reference as if fully set forth herein. [Ord. 735 § 1, 2020; Ord. 538 § 1 (Exh. A), 2010; Ord. 318 § 1, 2000; Ord. 281 § 24, 1999]

5.05.230 Business license fee owed in 2000.

Repealed by Ord. 538. [Ord. 318 § 1, 2000; Ord. 281 § 25, 1999]

5.05.240 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 must thereafter be prominently displayed, and visible to the public, in the place of business for which it was issued. [Ord. 735 § 1, 2020; Ord. 538 § 1 (Exh. A), 2010; Ord. 360 § 10, 2002]

5.05.250 Inspections – Right of entry.

The city manager, or designee, may make such inspections of licensed premises and take such action as may be necessary to enforce the provisions of any business license ordinance. The city manager may designate any appropriate city employees, including the code enforcement officer and commissioned police officers, to undertake such inspections. Inspections shall, to the extent possible, be in compliance with the following procedures:

(1) Whenever possible inspections will be conducted at a reasonable time and seek to minimize interference with lawfully conducted business in the licensed premises.

(2) If the place of business is occupied, the inspector shall first present proper credentials and request entry and right to inspect.

(3) If the place of business is unoccupied, the inspector shall first make a reasonable effort to locate the licensee or other person having charge or control of the premises, by at a minimum checking city and county records, and shall then present proper credentials and request entry and right to inspect.

(4) No licensee, employee, or agent, shall fail or neglect, after proper request, to admit the inspector, acting within the scope of the inspector’s employment, to any location licensed for business, or to interfere with the inspector while in the performance of the inspector’s duty.

(5) Nothing herein shall prevent or prohibit undercover investigations or inspections by appropriate officers in appropriate circumstances, provided such investigations or inspections are conducted consistent with constitutional and legal requirements. [Ord. 538 § 1 (Exh. A), 2010]