Chapter 12.05 BUSINESS REGISTRATION

The city clerk has the authority to adopt rules and regulations to carry out the provisions of this title and has the authority to administer and enforce this title and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of this title or any such rule or regulation.

(Ord. No. 12-717, § 1, 2-21-12; Ord. No. 09-599, § 6, 1-6-09. Code 2001 § 9-2.)

12.05.003 Applicability.

Unless otherwise specified, the provisions contained in this chapter apply to licenses and regulations under any chapter in this title.

(Ord. No. 12-717, § 1, 2-21-12; Ord. No. 09-599, § 7, 1-6-09. Code 2001 § 9-3.)

12.05.010 Definitions.

The definitions in this section apply throughout this title unless the context clearly requires otherwise. Terms not defined here are defined according to FWRC 1.05.020.

“Engaging in business” means:

(1) 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.

(2) 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 subsection (1) of this definition. 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.

(3) 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:

(a) 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.

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

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

(e) 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.

(f) Installing, constructing, or supervising installation or construction of real or tangible personal property.

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

(h) Collecting current or delinquent accounts.

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

(j) 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.

(k) Rendering professional services such as those provided by accountants, architects, attorneys, auctioneers, consultants, engineers, professional athletes, barbers, baseball clubs and other sports organizations, chemists, psychologists, court reporters, dentists, doctors, detectives, laboratory operators, teachers, veterinarians.

(l) Meeting with customers or potential customers, even when no sales or orders are solicited at the meetings.

(m) 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.

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

(o) 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.

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

(4) 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:

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

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

(c) 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.

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

(e) 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.

(f) Conducting advertising through the mail.

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

(5) 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 (4) of this definition.

(6) 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.

“Premises” means all lands, structures and places, and also any personal property which either is affixed to, or is used in connection with any such business conducted on such premises.

(Ord. No. 18-857, § 1, 11-20-18; Ord. No. 12-717, § 1, 2-21-12; Ord. No. 09-600, § 4, 1-6-09; Ord. No. 91-86, § 1(2), 2-5-91. Code 2001 § 9-26.)

12.05.020 Penalties and violations.

(1) Criminal penalties. Any person failing to obtain or renew his/her business registration, or otherwise violating or failing to comply with any of the provisions of this title, is guilty of a misdemeanor for each day or part of a day during which the unlawful act or violation occurs.

(2) Civil penalties. Any person who fails to comply with the provision of this title is, in addition to any criminal penalties, subject to a civil penalty for each day or portion of the day that the violation continues. The maximum penalty and the default amount shall be $100.00 for the first violation, $200.00 for a second violation of the same nature or a continuing violation, $300.00 for a third violation of the same nature or a continuing violation and $500.00 for each additional violation of the same nature or a continuing violation in excess of three not including fees, costs, and assessments.

(3) Other legal remedies. Nothing in this title limits the right of the city to pursue other lawful, criminal, civil or equitable remedies to abate, discontinue, correct or discourage any unlawful acts.

(Ord. No. 12-717, § 1, 2-21-12; Ord. No. 09-599, § 8, 1-6-09; Ord. No. 00-370, § 1, 7-18-00; Ord. No. 91-86, § 1(23), 2-5-91. Code 2001 § 9-27.)

12.05.030 Processing procedure.

The city clerk shall:

(1) Adopt all forms and prescribe the information required to implement this title.

(2) Submit all applications to the community and economic development department, building division, fire department and/or police department for their endorsements as to compliance by applicant with all city regulations which they have the duty of enforcing.

(3) Notify any applicant of any deficiencies in their application and refrain from completing the processing until those deficiencies are remedied.

(4) Deny any application upon written findings that the granting would be detrimental to public peace, health or welfare, or that such application is not in compliance with any applicable city regulations. Upon denial the clerk shall notify the applicant of the denial, the written findings, and the process for appeal.

(5) Issue registrations to all persons qualified under the provisions of this title.

(Ord. No. 12-717, § 1, 2-21-12; Ord. No. 09-599, § 9, 1-6-09; Ord. No. 91-86, § 1(4), 2-5-91. Code 2001 § 9-28.)

12.05.040 Business registration.

All persons engaging in business in the city of Federal Way shall first obtain a proper and current registration, or, if applicable, a temporary business registration as provided in FWRC 12.25.020, in addition to any other required federal, state, local, or city licenses; unless the person has filed and qualified for exemptions therefrom.

(Ord. No. 18-857, § 2, 11-20-18; Ord. No. 12-717, § 1, 2-21-12; Ord. No. 09-599, § 10, 1-6-09; Ord. No. 91-86, § 1(1), 2-5-91. Code 2001 § 9-29.)

12.05.050 Application.

(1) Every person required to procure a registration under this title shall submit an application to the city clerk on forms provided by the clerk. The application shall include at a minimum the following information: the name of the applicant, the residence, place and address of business, the nature of business, name of business, the organization of the business (if it is a partnership, corporation, etc.), the number of employees employed by the business, emergency notification information, copies of any required licenses or certifications, and hazardous waste and substance information. The city clerk shall also require any additional information required by a provision of this title or found to be reasonably necessary to determine compliance with this title or for the fair administration of this title. An application shall be deemed complete upon the applicant’s provision of all required information, including identification of “none” where that is the correct response, and the applicant’s verification, under penalty of perjury, that the information contained in the application is true and that the application is complete.

(2) The application for registration shall be accompanied by the full amount of the fee chargeable for such registration.

(3) The city clerk shall issue a receipt to the applicant for the money paid in advance. Such receipt shall not be construed as the approval of city clerk for the issuance of the registration; nor shall it entitle or authorize the applicant to open or maintain any business contrary to the provisions of any law.

(4) A duplicate registration may be issued by the city clerk to replace any registration previously issued which was lost, stolen, defaced or destroyed, upon filing by the registrant an affidavit attesting to such fact and the paying to the city clerk a fee in the amount of $15.00.

(5) Any person or business possessing a current valid registration under this chapter shall submit a new application within 30 days of any change or modification in the type, kind, or nature of the business, or if any person or entity acquires a significant interest in the business or responsibility for management or operation of the premises or the business. Submission of such application will not require a fee.

(Ord. No. 12-717, § 1, 2-21-12; Ord. No. 09-599, § 11, 1-6-09; Ord. No. 03-440, § 1, 3-18-03; Ord. No. 91-86, § 1(3), 2-5-91. Code 2001 § 9-30.)

12.05.060 Payment of fees – Delinquent payment.

(1) Each initial registration required pursuant to this chapter shall expire at the end of the year in which it was issued and a renewal registration shall be required for each subsequent year.

(2) The business registration fees shall be as provided in the fee schedule kept on file with the city clerk. The fee schedule shall include a rate for the initial year’s registration and an annual renewal rate for subsequent yearly registrations.

(3) Temporary business registration fees shall be as provided in the fee schedule kept on file with the city clerk. Fees for the extension of a temporary business registration granted by the city clerk shall be at the same rate as the temporary business registration fee.

(4) Each annual registration fee provided for in this chapter shall become due and payable on January 1st of every year and shall be deemed delinquent on February 1st. As to any business commenced during any year, the fee shall be due and payable on the first day that business is transacted or carried on.

(5) All new businesses initially registered in the last quarter of any year are exempt from payment of the next year’s business registration renewal fee.

(6) Any new businesses having to pay a special license fee shall be exempt from the payment of the initial year’s business registration fee.

(7) Failure to pay any registration fee due within 30 days after the day on which it is due and payable shall result in a penalty of five percent or $5.00, whichever is higher, on the amount of the registration fee, and an additional penalty of five percent or $5.00, whichever is higher, for each succeeding month of delinquency or part thereof, but shall not exceed a total penalty of $25.00 or 25 percent of the amount of such registration fee, whichever is higher.

(8) The registration fee levied in this chapter shall be in addition to any other fees provided for in any other ordinance or provision of this Code, except as otherwise provided.

(Ord. No. 12-717, § 1, 2-21-12; Ord. No. 04-472, § 1, 12-7-04; Ord. No. 91-86, § 1(5), (15), 2-5-91. Code 2001 § 9-31.)

12.05.070 Exemptions.

The following shall be required to obtain a registration under this chapter, but shall not be required to pay any fee:

(1) Business activities carried on by nonprofit organizations, including but not limited to religious, civic, charitable, benevolent, nonprofit, cultural, or youth organizations.

(2) Any business or activity which is exempt from payment of such fees as prescribed by this chapter by virtue of applicable provisions of the federal or state constitution or applicable federal or state statutes shall be exempt from the registration requirement of this chapter.

(3) Any religious society, association or corporation which operates any charitable hospital, clinic, or institution devoted exclusively to the care or healing of human beings.

(4) Any farmer, gardener or other person who sells, delivers, or peddles any fruit, vegetables, berries, butter, eggs, fish, milk, poultry, or meats or any farm produce or edibles raised, caught, produced, or manufactured by such person in any place in this state.

(5) 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.

(Ord. No. 18-857, § 3, 11-20-18; Ord. No. 12-717, § 1, 2-21-12; Ord. No. 91-86, § 1(6), 2-5-91. Code 2001 § 9-32.)

12.05.080 Application for exemption required.

Any person claiming exemption from the requirements of this chapter shall file with the city clerk the usual registration application and an affidavit setting forth the facts sufficient to show the application of this section and their right to such exemption.

(Ord. No. 12-717, § 1, 2-21-12; Ord. No. 91-86, § 1(7), 2-5-91. Code 2001 § 9-33.)

12.05.090 Home occupations.

The business registration fee for businesses operating as home occupations in residential zones shall be the usual business registration fee.

(Ord. No. 12-717, § 1, 2-21-12; Ord. No. 09-598, § 2, 1-6-09; Ord. No. 91-86, § 1(8), 2-5-91. Code 2001 § 9-34.)

Cross reference: Home occupation zoning regulations, Chapter 19.270 FWRC.

12.05.100 Separate locations.

A separate registration shall be required for each branch, establishment or location of the business engaged in, as if each such branch, establishment or location were a separate business; provided, however, warehouses and distributing plants and storage yards used in connection with and incidental to a business registered under the provisions of this title shall not be deemed to be separate places or business or branch establishments. Location of such warehouses and distributing plants and storage yards shall be shown on the application for the business registration, and must comply with the provisions of all city codes. Each registration shall authorize the registrant to transact and carry on only the business registered thereby at the location or in the manner designated in such registration.

(Ord. No. 12-717, § 1, 2-21-12; Ord. No. 09-599, § 12, 1-6-09; Ord. No. 91-86, § 1(9), 2-5-91. Code 2001 § 9-35.)

12.05.110 Joint registrations.

A person engaged in two or more businesses at the same location shall not be required to obtain separate registrations for conducting each of such businesses; provided, when eligible, the person shall be issued one registration which will specify on its face all such businesses. Applications for such joint registration shall list the names and pertinent information for all such businesses. The total number of all employees employed in all businesses included within the joint business registration shall be considered for purposes of classifying the size of the business for registration purposes.

(Ord. No. 12-717, § 1, 2-21-12; Ord. No. 09-599, § 13, 1-6-09; Ord. No. 91-86, § 1(10), 2-5-91. Code 2001 § 9-36.)

12.05.120 Agents responsible.

The agents or other representatives of nonresidents who are doing business in the city shall be personally responsible for the compliance of their principals, and the businesses they represent, in regards to the requirements of this title.

(1) This includes but is not limited to payment of sales tax to the city when a temporary sales event conducted within city limits results in the sale of a motor vehicle or other item as provided under special sourcing rules of WAC 458-20-145.

(Ord. No. 12-717, § 1, 2-21-12; Ord. No. 09-599, § 14, 1-6-09; Ord. No. 91-86, § 1(11), 2-5-91. Code 2001 § 9-37.)

12.05.130 Posting required.

Every registration granted under this title shall be posted in a conspicuous place in the place of business of the licensee or registrant.

(Ord. No. 12-717, § 1, 2-21-12; Ord. No. 09-599, § 15, 1-6-09; Ord. No. 91-86, § 1(12), 2-5-91. Code 2001 § 9-38.)

12.05.140 Change of address.

Every person who, under the provisions of this title, is subject to a business registration requirement and who has a fixed place of business shall notify the city clerk in writing of any change in location of such fixed place of business or mailing address within 30 days thereafter.

(Ord. No. 12-717, § 1, 2-21-12; Ord. No. 09-599, § 16, 1-6-09; Ord. No. 91-86, § 1(13), 2-5-91. Code 2001 § 9-39.)

12.05.150 Nontransferable.

Registrations issued pursuant to this title shall not be transferable by the registrant to any other person, nor shall any fee paid by any person under the provisions of this title be applied in whole or in part to the payment of fee due, or to become due, from any other person; provided, however, that, in the event of death of the individual, partner, or officer who satisfied the requirements of this title, the surviving spouse, partner, or officer may operate under the existing registration for a period not to exceed 90 days.

(Ord. No. 12-717, § 1, 2-21-12; Ord. No. 09-599, § 17, 1-6-09; Ord. No. 91-86, § 1(14), 2-5-91. Code 2001 § 9-40.)

12.05.160 Mailing of notices.

Unless otherwise provided, any notices required by this title to be mailed to any registrant or applicant shall be sent by ordinary mail, addressed to the address of the registrant or applicant as shown by the records of the city clerk, or if no such address is shown, to such address the city clerk is able to ascertain by reasonable effort. Failure of the registrant or applicant to receive such mail notice shall not release the registrant or applicant from any fees or penalties thereon, nor shall such failure operate to extend any time limit set by the provisions of this title. Service shall be deemed complete upon the third day following the day upon which the notice is placed in the mail, unless the third day falls on a Saturday, Sunday or legal holiday, in which event service shall be deemed complete on the first day other than a Saturday, Sunday or legal holiday following the third day.

(Ord. No. 12-717, § 1, 2-21-12; Ord. No. 09-599, § 18, 1-6-09; Ord. No. 91-86, § 1(16), 2-5-91. Code 2001 § 9-41.)

12.05.170 Revocation – Suspension – Denial.

The clerk may revoke, suspend, or deny a business registration issued or requested under this title for any one or more of the following reasons:

(1) The registrant, or any manager, officer, director, agent or employee, while acting within the scope of the business or of employment, fails to comply with, fails to operate the business or activity in accordance with, or uses the business or activity as a instrument or cover for violations of any federal, state, or local laws or regulations, including any provision of this Code;

(2) The registrant, or any manager, officer, director, agent or employee, while acting within the scope of employment, operates the business or activities in a manner which, or allows the business or activities to become an instrument or a cover that, creates a nuisance or otherwise endangers the public health, welfare or safety;

(3) The issuance of the registration was issued through mistake or inadvertence, without authority or power, or in violation of any applicable federal, state or local laws or regulations;

(4) The registration was procured by fraud or false representation of facts, including through an application that contains false or misleading statements, evasions or suppression of material facts;

(5) The registrant has been or is convicted of infractions, crimes, or offenses within 10 years which have a connection to the business or activity, or the registrant’s agent or employee is convicted of such offense on the subject premises when the registrant knew or should have known of the violations;

(6) The registrant has had a business registration denied or revoked by the city within one year prior to the date of an application.

A registration procured by fraud or misrepresentation shall be revoked. Where other violations of this title or other applicable ordinances, statutes, or regulations are found, the registration shall be denied or suspended for a period of 30 days upon the first such violation, 90 days upon the second violation within a 24-month period, and revoked for third and subsequent violations within a 24-month period, not including periods of suspension.

(Ord. No. 12-717, § 1, 2-21-12; Ord. No. 09-599, § 19, 1-6-09; Ord. No. 03-440, § 2, 3-18-03; Ord. No. 95-231, § 1, 4-4-95; Ord. No. 91-86, § 1(17), 2-5-91. Code 2001 § 9-42.)

12.05.173 Emergency suspension.

In the event of conduct or activities which create an imminent risk of harm to public health, safety or welfare, or where the Federal Way building official, fire marshal or the King County health department find that any condition exists upon the premises of the business which constitutes a threat of immediate serious injury or damage to persons or property, the registration of such business may be summarily suspended. The registrant shall be notified in writing of the grounds for suspension. Notification shall be by personal service or by registered or certified mail. Such suspension shall remain in effect until further order by the city or appellate body.

(Ord. No. 12-717, § 1, 2-21-12; Ord. No. 09-599, § 20, 1-6-09. Code 2001 § 9-42.3.)

12.05.175 Notice of suspension, revocation, denial or civil penalty.

Prior to denial, suspension, or revocation of a registration under this title, or imposition of a civil penalty, the registrant shall be notified in writing of the grounds for the action. Notification shall be by personal service or by registered or certified mail. Except as provided in FWRC 12.05.173, any penalty will be due and any denial, suspension, or revocation of the registration shall be effective 14 days after the date of service of the notice of suspension or revocation unless such action is appealed by registrant in the manner described herein.

(Ord. No. 12-717, § 1, 2-21-12; Ord. No. 09-599, § 21, 1-6-09. Code 2001 § 9-42.5.)

12.05.180 Effect of registration denial, revocation or suspension.

If any registrant has a business registration denied or revoked for any reason, a new business registration shall not be granted to the registrant or any entity in which the registrant has an ownership interest for a minimum period of one year from the date of such denial or revocation and all business activity shall immediately cease from the date of such denial or revocation, except as provided in FWRC 12.05.185. The city clerk may suspend a registration for no more than six months. During the period of any suspension, all business activity shall cease. When a registration is denied, revoked, or suspended, the applicant may appeal such decision pursuant to the process described in FWRC 12.05.200 et seq. Such applicant shall not engage in the business for which the registration was denied, revoked, or suspended unless or until a registration is issued or reinstated pursuant to an administrative or judicial judgment ordering the same.

(Ord. No. 12-717, § 1, 2-21-12; Ord. No. 09-599, § 22, 1-6-09; Ord. No. 95-231, § 1, 4-4-95. Code 2001 § 9-43.)

12.05.185 Reinstatement procedures and standards for reviewing an application for reinstatement.

At any time following the expiration of the revocation or denial period, a registrant may apply for reinstatement of the registration, or an application for a new business may be sought. A hearing shall be held pursuant to the procedures under FWRC 12.05.200 et seq.

(Ord. No. 12-717, § 1, 2-21-12; Ord. No. 09-599, § 23, 1-6-09. Code 2001 § 9-43.5.)

12.05.190 Notice of hearing.

Prior to suspension or revocation of a registration under this title, the registrant shall be notified in writing of the grounds for suspension or revocation of the registration.

Suspension or revocation of the registration shall occur 10 days after the date of service of the notice of suspension or revocation unless such action is appealed by registrant in the manner described herein.

(Ord. No. 12-717, § 1, 2-21-12; Ord. No. 09-599, § 24, 1-6-09; Ord. No. 95-231, § 1, 4-4-95; Ord. No. 91-86, § 1(18), 2-5-91. Code 2001 § 9-44.)

12.05.200 Appeal.

(1) Generally. Any person falling under the provisions of this title may appeal any revocation, suspension, or denial of a registration, the assessment of any penalty, or any other acts designated under this title as appealable or entitled to a hearing examiner hearing, to the hearing examiner by filing a written notice of appeal, specifying what issue is being appealed, with the city clerk within 14 calendar days from the date of service of the notice of revocation, suspension, or denial, penalty or other event. The city may also request a hearing before the hearing examiner to assess costs, modify previous orders, or to enter other orders as needed.

(2) Schedule. Within 10 days of the clerk’s receipt of the appeal, the hearing examiner shall set a public hearing for a date within 30 days of the clerk’s receipt of the appeal.

(3) Notice. Written notice of the time and place of the hearing shall be served on the person subject to the requirements of this chapter and/or the appellant by the city clerk, by certified mail, at least 10 days prior to the date set for the hearing.

(4) Participation. The city and the appellant may participate as parties in the hearing and each may call witnesses. Any person may participate in the public hearing in either or both of the following ways:

(a) By submitting written comments to the hearing examiner, either by delivering these comments to the clerk prior to the hearing or by giving these directly to the hearing examiner at the hearing.

(b) By appearing in person, or through a representative, at the hearing and making oral comments directly to the hearing. The hearing examiner may reasonably limit the extent of oral comments to facilitate the orderly and timely conduct of the hearing.

(5) Conduct of hearing. The hearing examiner shall conduct the hearing on the appeal pursuant to the rules of procedure of the hearing examiner. The hearing is limited to the issues raised in the notice of appeal. The appellant shall have the burden of proof by a preponderance of the evidence. The hearing examiner shall make a complete electronic sound recording of the public hearing.

(6) Stay. The assessment of a penalty or a suspension or revocation of a registration shall be stayed during an appeal, but a denial of a registration is effective until ordered otherwise.

(Ord. No. 12-717, § 1, 2-21-12; Ord. No. 09-599, § 25, 1-6-09; Ord. No. 95-231, § 1, 4-4-95; Ord. No. 91-86, § 1(19), 2-5-91. Code 2001 § 9-45.)

12.05.210 Decision of the hearing examiner.

After considering all of the information and comments submitted on the matter, the hearing examiner shall issue a written decision, including findings of fact, conclusions, and order, affirming, reversing, or modifying the decision, action, or penalty being appealed based on the hearing examiner’s findings and conclusions. Unless a longer period is agreed to by the applicant, the hearing examiner shall issue the decision within 10 working days after the close of the public hearing. Notice of the decision shall be mailed to all parties. In the event of revocation or denial of a registration, the hearing examiner shall provide that the revocation or denial shall be for a period of not less than one year unless the hearing examiner determines that extraordinary circumstances exist justifying a shorter period of time, in which case the justification for such decision shall be set forth by the hearing examiner in writing. In determining the minimum time of the revocation or denial during which reinstatement or issuance of a business registration shall not be considered, the hearing examiner shall consider among other factors:

(1) The degree of the registrant’s culpability, if any, and the conduct leading to the revocation, suspension, denial, penalty, or other decision of the clerk;

(2) The criminal nature of the conduct, if any;

(3) The effects on the community and whether the business or activity was a threat to the public health, safety or welfare; and

(4) Any mitigating evidence.

The decision of the hearing examiner is final. Failure to comply with the decision of the hearing examiner shall constitute a misdemeanor.

(Ord. No. 14-762, § 1, 3-18-14; Ord. No. 12-717, § 1, 2-21-12; Ord. No. 09-599, § 26, 1-6-09; Ord. No. 95-231, § 1, 4-4-95; Ord. No. 91-86, § 1(20), 2-5-91. Code 2001 § 9-46.)