Chapter 5.05
GENERAL LICENSING PROVISIONS
Sections:
Article I. General Provisions
5.05.020 Applicability of chapter.
5.05.030 Additional rules and regulations.
5.05.040 Authority to suspend or revoke licenses, registration, permits or certificates.
Article II. Licensing Provisions
5.05.050 Application procedure – Fees refunds.
5.05.060 Form of license, registration, permit or certificate.
5.05.070 Posting of license, registration, permit or certificate.
5.05.090 License, registration, or permit not an endorsement.
5.05.100 Enforcement agreements with other municipalities.
Article III. Enforcement, Procedure and Penalty Provisions
5.05.110 Inspections – Right of entry.
5.05.120 Duties of the city manager.
5.05.160 Violations – Misdemeanor.
Article I. General Provisions
5.05.010 Definitions.
For the purpose of all chapters of this title except Chapter 5.105 KMC, the words and phrases shall have the following meanings, unless the context otherwise indicates:
A. “Certificate” means any certificate or renewal of certificate issued pursuant to this title;
B. “City manager” means the City of Kenmore city manager or his or her designee(s);
C. “Department” means the City department or outside agency assigned by the city manager to administer a portion of the City code;
D. “License” means any license or renewal of license issued pursuant to this title;
E. “Licensee” means any person to whom a license or renewal of license has been issued pursuant to this title;
F. “Permit” means any permit or renewal of permit issued pursuant to this title;
G. “Person” means any individual, partnership, firm, joint stock company, corporation, association, trust, estate or other legal entity;
H. “Registrant” means any person to whom a registration or renewal of registration has been issued pursuant to this title;
I. “Registration” means any registration or renewal of registration issued pursuant to this title. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.01.010).]
5.05.020 Applicability of chapter.
This chapter shall apply to all chapters in this title except Chapter 5.105 KMC, the “Kenmore business registration program.” [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.01.020).]
5.05.030 Additional rules and regulations.
The city manager is authorized to make and enforce rules and regulations, not inconsistent with the provisions of any business license ordinance, and it is unlawful to violate or fail to comply with any of the rules and regulations. All of such rules and regulations as promulgated by the city manager shall be reduced to writing and mailed to each licensee or permit holder for his information and for distribution to his registrants or employees. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.01.030).]
5.05.040 Authority to suspend or revoke licenses, registration, permits or certificates.
The city manager shall have the right to suspend or revoke any business license, registration, permit or certificate based on one or more of the following grounds:
A. The license, registration, permit or certificate was procured by fraud or false representation of fact;
B. The licensee, registrant, permit holder or certificate holder has failed to comply with any provisions of this title;
C. The licensee, registrant, permit holder or certificate holder has failed to comply with any provisions of this code or City ordinance;
D. The business violates any building, fire, health or safety regulations on the premises in which the business is located after receiving warning from the City to refrain from such violations;
E. The licensee, registrant, permit holder or certificate holder is in default of any license fee or tax under this title; or
F. The licensee, registrant, permit holder or certificate holder or employee thereof has been convicted of a crime involving the business.
Provided, however, that such suspension or revocation shall not relieve the licensee, registrant, permit holder or certificate holder of the other penalties applicable to the business or its activities. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.01.040).]
Article II. Licensing Provisions
5.05.050 Application procedure – Fees refunds.
A. The person who intends to conduct, operate or engage in the business for which the license is to be issued shall sign and submit an application for the license, registration or permit. Unless provided otherwise in this title, the application shall state the nature and address or addresses of the business or businesses, or proposed business or businesses, of the applicant, and such other information as may be required by the city manager. A nonrefundable fee as provided for in subsection B of this section shall accompany the application.
B. The fees and penalties associated with the licenses, registrations or permits provided for in this title shall be as set forth in a fee resolution adopted by the city council.
C. All licenses, registrations and permits shall be renewable on December 31st of each year. Fees becoming due for less than one year shall be prorated on a quarterly basis, unless otherwise provided in the fee resolution adopted by the city council.
D. The city manager shall approve or deny the license, pursuant to the terms and conditions of this title. If specific terms and conditions of the license, registration or permit are not set forth in this title, the city manager shall grant the license, registration or permit if the proposed business meets all current zoning and City building code requirements. If the city manager denies the application, the city manager shall state the reasons for the denial. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.01.050).]
5.05.060 Form of license, registration, permit or certificate.
All licenses, registrations, permits or certificates shall be in a form prescribed by the city manager. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.01.060).]
5.05.070 Posting of license, registration, permit or certificate.
Any license, registration, permit or certificate shall be posted in a conspicuous place in the place of business of the licensee, registrant, permit or certificate holder. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.01.070).]
5.05.080 Change of address.
Any licensee, registrant or permit holder shall notify the city manager of any change in address, business name, or officers, directors, or partners within 14 days of any such change. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.01.080).]
5.05.090 License, registration, or permit not an endorsement.
No license, registration, or permit shall be an endorsement of such business licensed, registered or permitted. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.01.090).]
5.05.100 Enforcement agreements with other municipalities.
The city manager is authorized to enter into agreements with any or all other municipal corporations for the licensing and enforcement of local ordinances relating to businesses or entertainments licensed, registered or permitted by the City; provided, that any municipal corporation entering into such an agreement shall enact an ordinance substantially similar to this title. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.01.100).]
Article III. Enforcement, Procedure and Penalty Provisions
5.05.110 Inspections – Right of entry.
A. The city manager is authorized to make such inspections and take such action as may be required to enforce the provisions of this title.
B. Whenever necessary to make an inspection to enforce any of the provisions of this title, or whenever the city manager has reasonable cause to believe that a licensee, registrant or permit holder is operating in violation of this title or any city manager rules or regulations, the city manager may enter such licensee’s, registrant’s or permit holder’s place of business or entertainment, which is licensed, registered or permitted pursuant to this title, at all reasonable times to inspect the same or perform any duty imposed on the city manager by this title; provided, that:
1. If the place of business or entertainment is occupied, the city manager shall first present proper credentials and demand entry; and
2. If the place of business or entertainment is unoccupied, the city manager shall first make a reasonable effort to locate the licensee, registrant or permit holder or other person(s) having charge or control of the place of business or entertainment and demand entry.
C. No person shall fail or neglect, after proper demand, to admit the city manager, while acting within the scope of the city manager’s employment, to any place of business or entertainment licensed, registered or permitted pursuant to this title, or to interfere with the city manager while in the performance of the city manager’s duty. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.01.110).]
5.05.120 Duties of the city manager.
The city manager is authorized and directed to enforce the terms and provisions of this title. If the city manager determines, by means of investigation or inspection, that any person has violated or failed to comply with any provision of this title, then the city manager shall issue a notice and order recording such findings, specifying therein the particulars of any such violation or failure to comply. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.01.120).]
5.05.130 Notice and order.
A. The city manager shall issue a notice and order, pursuant to KMC 5.05.120, directed to the person whom the city manager has determined to be in violation of any of the terms and provisions of this title. The notice and order shall contain:
1. The street address and when available a legal description, sufficient for identification of the premises upon which the violation occurred;
2. A statement that the city manager has found the conduct of the person to be in violation of this title, with a brief and concise description of the conditions found to render such person in violation of this title;
3. A statement of any action required to be taken, as determined by the city manager. If the city manager has determined to assess a civil penalty, the order shall require that the penalty shall be paid within a time certain from the date of the order as determined by the city manager to be reasonable;
4. A statement of any action taken by the city clerk, if any;
5. Statements advising:
a. That the person may appeal from the notice and order of any action of the city manager to the Kenmore hearings examiner, provided the appeal is made in writing as provided in this chapter and filed with the city manager within seven days from the date of service of such notice and order; and
b. The failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.
B. The notice and order, and any amended or supplemental notice and order, shall be served upon the person either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested to such person at the person’s address as it appears on the license, registration or permit. Service by certified mail in the manner herein provided shall be effective on the date of mailing.
C. Proof of service of the notice and order shall be made at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date, and manner in which service was made. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.01.130).]
5.05.140 Civil penalty.
In addition to or as an alternative to any other penalty provided herein or by law, any person who violates any provision of this title shall be subject to a civil penalty in an amount not to exceed $250.00 per violation to be directly assessed by the city manager. The city manager, in a reasonable manner, may vary the amount of the penalty assessed to consider the appropriateness of the penalty to the size of the business of the violator, the license, registration or permit fee required of the violator, the gravity of the violation, the number of past and present violations committed and the good faith of the violator in attempting to achieve compliance after notification of the violation. All civil penalties assessed will be enforced and collected in accordance with the procedure specified in this chapter. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.01.140).]
5.05.150 Appeals.
A. The city hearings examiner is designated to hear appeals by parties aggrieved by actions of the city manager pursuant to this title. The hearings examiner may adopt reasonable rules or regulations for conducting its business. Copies of all rules and regulations adopted by the hearings examiner shall be delivered to the city manager who shall make them freely accessible to the public. All decisions and findings of the hearings examiner shall be rendered to the appellant in writing with a copy to the city manager.
B. Any person entitled to service pursuant to KMC 5.05.130 may appeal from any notice and order or any action of the city manager by filing at the office of the city manager, within seven days from the date of service of such order, a written appeal containing:
1. A heading in the words: “Before the Kenmore hearings examiner”;
2. A caption reading: “Appeal of...,” giving the names of all appellants participating in the appeal;
3. A brief statement setting forth the legal interest of each of the appellants in the business or entertainment involved in the notice and order;
4. A brief statement in concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant;
5. A brief statement in concise language of the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified, or otherwise set aside;
6. The signatures of all parties named as appellants, and their official mailing addresses;
7. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.
C. As soon as practicable after receiving the written appeal, the hearings examiner shall fix a date, time, and place for the hearing of the appeal by the hearings examiner. Such date shall be not less than 10 days nor more than 60 days from the date the appeal was filed with the city manager. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing to each appellant by the hearings examiner either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal.
D. At the hearing the appellant shall be entitled to appear in person and be represented by counsel and offer such evidence pertinent and material to the action of the city manager.
E. Only those matters or issues specifically raised by the appellant in the written notice of appeal shall be considered in the hearing of the appeal.
F. Failure of any person to file an appeal in accordance with the provisions of this section shall constitute a waiver of the person’s right to an administrative hearing and adjudication of the notice and order, or any portion thereof.
G. Enforcement of any notice and order of the city manager shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.01.150).]
5.05.160 Violations – Misdemeanor.
Any person violating or failing to comply with any of the provisions of this title shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in any sum not to exceed $250.00 or by imprisonment for a period not to exceed 90 days. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.01.160).]
5.05.170 Personal obligation.
The civil penalty is a personal obligation of the licensee, registrant or permit holder. The city attorney, on behalf of the City of Kenmore, may collect the civil penalty by use of all appropriate legal remedies. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.01.170).]
5.05.180 Enforcement power.
The city manager is authorized to take such lawful action, including the writing and issuance of misdemeanor citations, as may be required to enforce the provisions of any business license ordinance codified in this title. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.01.180).]