Chapter 5.04
GENERAL PROVISIONS
Sections:
5.04.030 General requirements for all licenses.
5.04.040 Duration of licenses.
5.04.050 License application procedures.
5.04.060 Investigation of applicants.
5.04.070 License issuance—Appeal from denial.
5.04.080 Suspension or revocation of licenses.
5.04.090 Display of licenses—Plates or badges—Transferability.
5.04.100 Activity to be conducted at location prescribed in license.
5.04.120 Licenses issued under prior law.
5.04.130 Affect on pending or past prosecutions.
5.04.150 Penalty for violations—Principal offender.
5.04.010 Short title.
This title shall constitute “the license code” of the city of Everett, and may be cited as such. (Ord. 295-74 Ch. 1 § 1, 1974)
5.04.020 Purpose.
The licenses provided for herein shall be for the purpose of regulation. The provisions of this title shall be deemed an exercise of the police power of the state and of the city for the protection of the public, economic and social welfare, health, peace and morals, and all of its provisions shall be liberally construed for the accomplishment of that purpose. (Ord. 295-74 Ch. 1 § 2, 1974)
5.04.030 General requirements for all licenses.
A. The general requirements relating to all licenses in this title are as follows:
1. No person shall make false statements in the application;
2. No license shall enable any person to engage in any dishonest, unlawful or unfair act, practice or enterprise;
3. The applicant must comply with the requirements of the ordinances relating to zoning, building, fire hazards, health and sanitation;
4. The applicant must be in compliance with all applicable federal, state or other licensing and/or permit requirements.
B. Failure to comply with the aforesaid general requirements shall be grounds for denial, suspension or revocation of any license issued pursuant to this title.
C. The aforesaid general requirements shall apply only to businesses and activities licensed under this title and shall not apply to the general “business license” and “business and occupation taxes” assessed under Ordinance No. 3292, as amended, codified in Chapter 3.24 of this code. (Ord. 3104-08 § 1, 2008: Ord. 885-82 § 1, 1982; Ord. 295-74 Ch. 1 § 3, 1974)
5.04.040 Duration of licenses.
A. Licenses—Duration. Unless otherwise specifically provided for in the license codes, whenever the license fee is fixed by the day, a license may be issued for one or more full day and not for two half days, nor for any fractional part of one day; whenever a weekly fee is prescribed, it shall mean and include a full week and no such license shall be issued for a less period than one week; whenever a monthly license fee is prescribed, it shall mean a full month and no monthly license shall be issued for a less period than one month; whenever the license fee is fixed at a certain fee per annum or year, it shall mean a full year and no such license shall be issued for a less period than one year; provided, however, that in the event any person fails or neglects to renew his license on or before the date of expiration thereof, or in the event that any person engages in a business, trade, occupation or calling requiring license as in this title provided, but who has failed, or neglected, to obtain the same, then the time of delinquency may be deducted from the period of time for which the license is issued; and provided further, that no license shall be issued for a greater period than one year.
B. Yearly License—Expiration Date. All yearly licenses issued under this title shall expire on December 31st following the issuance of such licenses. All yearly licenses issued in any year subsequent to July 31st shall be issued upon payment of a license fee of one-half the regular yearly fee charged for such license.
C. In addition to the fees required for licenses under the license code, applicants must remit to the city treasurer the full amount of actual costs related to investigation of license applications, including, but not limited to, fees charged by other agencies for criminal history checks. (Ord. 3104-08 § 2, 2008: Ord. 295-74 Ch. 1 § 4, 1974)
5.04.050 License application procedures.
A. Applications—To Be Filed with City Clerk—Exception. All applications for licenses under the provisions of this title shall be filed with the city clerk.
B. Applications—Form—To Be Signed. All applications for licenses required by this license code shall be made upon forms to be furnished by the city clerk, signed by the applicant and duly verified before an officer authorized to administer oaths. The applicant shall provide photo identification that is acceptable to the city clerk, such as a Washington State driver’s license or identification card. If the applicant is a partnership, one of the partners must sign the application; if the applicant is a corporation, the application must be signed by an officer of the corporation; or if the applicant be a foreign corporation authorized to do business in the state, the application must be signed by the resident agent or local manager of said foreign corporation.
Such application shall contain the following information:
1. The kind of license applied for;
2. The true name, home address, telephone number and the age of the applicant;
3. The business name, business address, and telephone number of the establishment or proposed establishment;
4. Whether the applicant is a sole proprietorship, partnership or corporation. If a partnership, the application shall set forth names, addresses and telephone numbers of all persons, whether general or limited partners, sharing in the profits of said business and the respective ownership share of each. If a corporation, it shall set forth the name, residence address and telephone number of each of its officers and directors;
5. If the license being applied for involves operation of a motor vehicle, an abstract or abstracts of the applicant’s driving record showing at a minimum his/her past five years of driving history, to be provided at the applicant’s expense. The abstract(s) of driving record submitted under this section must be dated within fifteen days of the date the application is submitted to the city clerk;
6. How long applicant (if corporation, its officers, or if partnership, its partners) has resided in the city continuously for the last five years, and previous addresses during that period;
7. Whether the applicant or anyone owning an interest in the business or proposed business has ever been convicted of any crime, excluding minor traffic offenses. If so, state the crime, the name of the court in which the case was filed, the circumstances and the disposition of the case;
8. Two two-inch by two-inch color photographs of the applicant, or in the case of a firm, the party signing the application, taken within six months of the date of the application, showing only the full face of such applicants. The two two-inch by two-inch color photographs shall be provided at the applicant’s expense;
9. Such applicants, or party signing the application, shall be fingerprinted by the police department, and such fingerprints shall be retained in the application file, a copy of which will be forwarded to the Federal Bureau of Investigation, Identification Bureau;
10. All assumed names or aliases which have been or are used by any person whose name appears on the application;
11. Such other information as the city clerk may reasonably require in connection with the application. (Ord. 3104-08 § 3, 2008: Ord. 295-74 Ch. 1 § 5, 1974)
5.04.060 Investigation of applicants.
Upon filing of an application under this chapter, the city clerk shall forward copies to the chief of police, the director of planning and community development and the fire marshal, and:
A. Within ten business days after receipt of a copy of the application, the chief of police may investigate the statements set forth in the application and report to the city clerk whether the application contains false, misleading or incomplete information.
B. Within ten business days after receipt of a copy of the application, the director of planning and community development may inspect the proposed establishment and report to the city clerk whether the location of the proposed establishment is in conformity with the regulations of the zoning code and in compliance with the regulations of the building and housing code.
C. Within ten business days after receipt of a copy of the application, the fire marshal may examine the proposed establishment and report to the city clerk whether it complies with the regulations of the fire prevention code. (Ord. 3104-08 § 4, 2008: Ord. 295-74 Ch. 1 § 6, 1974)
5.04.070 License issuance—Appeal from denial.
A. If, from the information supplied the city clerk, it appears that all of the general and specific license requirements have been complied with, the city clerk shall issue the appropriate license upon the presentation of a receipt from the city treasurer specifying the payment of the appropriate prescribed license fee and any costs assessed for investigation of the license application as provided in Section 5.04.030. The license, when issued, shall have affixed to it a photograph of the applicant, or the party signing the application, and such license shall be posted and displayed in a conspicuous place in the establishment where such license is enjoyed, at all times, and such license shall not be tampered with in any manner.
B. Any applicant whose application has been denied may, within ten days following notification of the denial, file a petition for a hearing with the city council. The city council shall set a hearing date within thirty days of receiving such request. (Ord. 3104-08 § 5, 2008: Ord. 295-74 Ch. 1 § 7, 1974)
5.04.080 Suspension or revocation of licenses.
A. Revocation by City Clerk. The city clerk shall have the right to revoke or suspend any license at any time on the following grounds:
1. That the license was procured by fraud or false representation of facts;
2. That the licensee or any of his servants, agents or employees while acting within the scope of their employment has violated or failed to comply with any of the provisions of the “license code”;
3. That licensee or any of his servants, agents or employees has been convicted of either a felony or misdemeanor involving moral turpitude, or involving fraud or an attempt to defraud while acting within the scope of their employment;
4. Conviction of a violation of any provision of this title shall be prima facie evidence to warrant revocation or suspension of the license.
B. Appeal to City Council. Within ten days after revocation or suspension of any license issued and suspended pursuant to this title, the licensee so revoked or suspended may file an appeal with the city council. Upon the receipt of such notice, the licensee shall be afforded a hearing before the city council after reasonable notice has been given. Said appeal shall be in writing and addressed to the city council, “ATTENTION: City Clerk.” Notice of such appeal shall be given by delivering a copy of the notice to the holder of the license or by mailing a copy thereof to the holder at his last address as shown by the city clerk’s license records, which notice shall be mailed or delivered at least five days before the date fixed for the hearing. The city council shall, within thirty days after the conclusion of such hearings, issue a written decision as to the revocation or suspension of such license or its retention. Such decision of the city council shall be final; if the city council decides that the license shall be revoked, the revocation shall be effective as of the date of city council’s decision unless otherwise ordered by a court of competent jurisdiction. Proceedings to review such matters must be instituted within fifteen days of final action of the city council.
C. Surrender of License. It is unlawful for any person whose license has been revoked or suspended, to keep the license issued to him in his possession or under his control, and the same shall immediately be surrendered to the city clerk. When revoked, the license shall be cancelled, and when suspended the city clerk shall retain the same during the period of suspension. (Ord. 295-74 Ch. 1 § 8, 1974)
5.04.090 Display of licenses—Plates or badges—Transferability.
A. Licenses—To Be Posted—Exception. All licenses issued pursuant to this title authorizing the maintenance or conducting of any occupation, business, trade or entertainment at a specified location, shall be posted in a conspicuous place at such location; provided however, that when the licensee has no established place of business and goes from place to place or from house to house, then such license must be carried on the person of such licensee while actually engaged in the licensed occupation, business or trade.
B. License Plates—When Unlawful.
1. It is unlawful for any person to use, or permit to be used, any license plate or license badge, except those issued by the city clerk in conformity with the provisions of this title.
2. It is unlawful for any person to make, or manufacture, any license plates or badges, except upon order of the city clerk of the city.
3. All license plates issued under the provisions of this title for any purpose, must be removed from the vehicles upon revocation of the license with which they were issued.
C. Licenses—Not Transferable. No license issued under provisions of this title shall be transferable or assignable, unless specifically otherwise provided for. All licenses issued by the city clerk are and remain the property of the city and if found in the possession of any person other than the licensee or his servants, agents or employees, such license shall be forthwith confiscated by officials of the city. (Ord. 295-74 Ch. 1 § 9(A), 1974)
5.04.100 Activity to be conducted at location prescribed in license.
Unless otherwise specifically provided, no license issued under authority of this title shall entitle the holder thereof to maintain or conduct the business, trade, occupation, calling, exhibition or entertainment, for which he has procured such license, at any other place or location than that stated in such license, except upon written consent of the city clerk first had and obtained; provided that the consent of the city council shall be required to authorize such changes in location under licenses granted by the city council. (Ord. 295-74 Ch. 1 § 9(B), 1974)
5.04.110 Bond requirements.
Whenever a bond is required for any amount, except as otherwise specifically provided, it shall be held and construed to mean a surety company bond with the licensee as principal and some surety company authorized to do business in the state, as surety. Such bond must be approved by the city attorney as to form, and by the city clerk as to sufficiency of the surety. (Ord. 295-74 Ch. 1 § 9(D), 1974)
5.04.120 Licenses issued under prior law.
All licenses issued under the provisions of any ordinance repealed by the ordinance codified in this title, shall remain in force and effect until the expiration thereof unless sooner surrendered or revoked; subject however, to all other requirements of the license code. (Ord. 295-74 Ch. 1 § 9(E), 1974)
5.04.130 Affect on pending or past prosecutions.
No prosecution now pending and no offense heretofore committed under any ordinance heretofore enacted shall be affected in any way by the passage of this title, but all such prosecutions shall be conducted to final judgment and all such offenses shall be prosecuted in the same manner as if this title had not been enacted. (Ord. 295-74 Ch. 1 § 9(F), 1974)
5.04.140 Enforcement.
Except as otherwise specifically provided in this title, the budget and finance director shall have general charge and supervision of all matters pertaining to the enforcement of the provisions of this title; provided however, that nothing in this section shall be so construed as to excuse any member of the police department from arresting and prosecuting any person found violating the provisions of this title. (Ord. 295-74 Ch. 1 § 9(G), 1974)
5.04.150 Penalty for violations—Principal offender.
A. Violations—Penalty. Any person violating or failing to comply with any of the provisions of this title shall be deemed guilty of misdemeanor, and upon conviction thereof, shall be punished by a fine in any sum not exceeding five hundred dollars or by imprisonment for a period not exceeding six months or by both such fine and imprisonment.
B. Principal Offender Defined. Every person concerned in any act or omission in violation of this title, whether he directly performs or omits to perform any act in violation of this title, or aids or abets the same, whether present or absent, and every person who directly or indirectly counsels, encourages, hires, commands, induces or otherwise procures another to commit such violation is, and shall be, a principal under the terms of this title and shall be proceeded against and prosecuted as such. (Ord. 295-74 Ch. 1 § 9(I), 1974)