Chapter 5.62
GAMBLING BUSINESS LICENSES
Sections:
5.62.030 Gambling business license.
5.62.040 Gambling business license fees.
5.62.060 License term – Assignment – Renewals.
5.62.070 License suspension and revocation – Hearing.
5.62.080 Violation a misdemeanor.
5.62.100 Additional enforcement.
5.62.010 Definitions.
For the purposes of this chapter, the words and terms used shall have the same meaning as each has under Chapter 218, Laws of 1973, 1st Ex. Sess. and Chapter 9.46 RCW, each as amended, and under the rules of the Washington State Gambling Commission, WAC Title 230, unless otherwise specifically provided herein, or the context in which they are used herein clearly indicates that they be given some other meaning. [Ord. 2017-3 § 2, 2017.]
5.62.020 License required.
A. It is unlawful for any person to conduct or operate a gambling business unless such person has been issued a valid and current gambling license from the State of Washington and a valid and current gambling business license from the City of Sunnyside to do so, obtained in the manner provided in this chapter.
B. Each license shall be subject to annual renewal upon payment of the applicable fee in accordance with SMC 5.52.040, subject to the City’s review for compliance with the provisions of this chapter. [Ord. 2017-3 § 2, 2017.]
5.62.030 Gambling business license.
A. Gambling Business Operator’s License.
1. All applications for a gambling business operator’s license shall be submitted to the Clerk in the name of the person or entity proposing to conduct a gambling business on the business premises and shall be signed by such person and certified as true under penalty of perjury. All applications shall be submitted on a form supplied by the City, and shall be complete when the following information and submittals are provided:
a. For each applicant: names; any aliases or previous names; driver’s license number, if any; Social Security number, if any; business, mailing, and residential address; and business and residential telephone number.
b. If a corporation, date and place of incorporation, evidence that it is in good standing under the laws of Washington, and name and address of any registered agent for service of process.
c. Whether the applicant is operating a licensed business within the City primarily engaged in the selling of food or drink for consumption on the premises.
2. The gambling business license, if granted, shall state on its face the name of the person or persons to whom it is issued, the expiration date, the doing-business-as name and the address of the licensed gambling business. The permit shall be posted in a conspicuous place at or near the entrance to the gambling business premises so that it can be easily read at any time the business is open.
3. No person granted a gambling business license pursuant to this chapter shall operate the gambling business under a name not specified on the license, nor shall any person operate a gambling business under any designation or at any location not specified on the license.
4. Upon receipt of any complete application and fee, the Director of Finance or designee shall provide copies to the Police Department, and to other appropriate City departments or contractors, for a full investigation and review to determine compliance of the proposed gambling business with this chapter and other applicable laws. Each gambling business operator’s license shall be issued with a notification that it shall be subject to revocation for noncompliance of the premises with building and zoning codes and this chapter.
5. In the event the premises are not yet constructed the departments shall base their recommendation as to premises compliance on their review of the drawings submitted with the application. Any gambling business license approved prior to premises construction shall contain a condition that the premises must be inspected prior to occupancy, and determined to be in substantial conformance with the drawings submitted with the application and other applicable building and development regulations.
6. A gambling business operator’s license shall be issued or the application denied by the Director of Finance or designee within 14 days of the date of filing a complete license application and fee, unless it is determined that the applicant has failed to meet any of the requirements of this chapter or provide any information required under this subsection, or that the applicant has made a false, misleading or fraudulent statement of material fact on the application for a license. Upon request of the applicant, the Director of Finance or designee shall grant an extension of time, up to but not to exceed 20 additional days, in which to provide all information required for license application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application. If the Director of Finance or designee finds that the applicant has failed to meet any of the requirements for issuance of a gambling business operator’s license, they shall issue a notice of non-issuance in writing, and shall cite the specific reasons therefor. [Ord. 2017-3 § 2, 2017.]
5.62.040 Gambling business license fees.
The license fees are set forth in Chapter 2.02 SMC. [Ord. 2017-3 § 2, 2017.]
5.62.050 Appeal.
A. Any person aggrieved by the action of the Director of Finance or designee in refusing to issue or renew any license under this chapter or in temporarily suspending or permanently revoking any license under this chapter shall have the right to appeal such action to the City of Sunnyside Hearing Examiner, by filing an appeal statement with the City Clerk within 14 days of issuance and mailing notice of the action from which appeal is taken. The filing of such appeal shall stay the action of the Director of Finance or designee.
B. The Hearing Examiner, upon receipt of a timely notice of appeal, shall set a date for a hearing of such appeal within 30 days from the date of such receipt, unless extended by mutual agreement or for good cause shown. The hearing shall be de novo. The hearing shall be conducted under the City rules of procedure for administrative hearings; provided, however, the burden of proof shall be on the City.
C. The decision of the Hearing Examiner on an appeal from a decision of the Director of Finance or designee shall be based upon a preponderance of the evidence.
D. Any person aggrieved by the decision of the Hearing Examiner or other designated hearing body shall have the right to appeal the decision to the Superior Court by filing an application or complaint upon the City within 20 calendar days after the date the Hearing Examiner’s decision is issued and mailed to the parties. [Ord. 2017-3 § 2, 2017.]
5.62.060 License term – Assignment – Renewals.
A. Licenses shall expire one year from the date of issue.
B. Application for renewal of licenses issued hereunder shall be made to the Director of Finance or designee no later than 30 days prior to the expiration of gambling business licenses. The renewal license shall be issued in the same manner and on payment of the same fees as for an original application under this chapter. There shall be assessed and collected by the Director of Finance or designee an additional charge, computed as a percentage of the license fee, on applications not made on or before said date, as set forth in the business license fee schedule in SMC 2.02.020.
C. The Director of Finance or designee shall renew a license upon receipt of a complete application and fee, and subject to compliance with the provisions of SMC 5.54.030 regarding original licenses. [Ord. 2017-3 § 2, 2017.]
5.62.070 License suspension and revocation – Hearing.
A. The City Manager or designee may suspend or revoke any license issued under the provisions of this chapter at any time where the same was procured by fraud or false representations of fact, or for the violation of, or failure to comply with, the provisions of this chapter or the provisions of any applicable fire, building or zoning code.
B. The Director of Finance or designee shall issue and mail to the licensee the decision to suspend or revoke the license at least 14 days prior to the effective date of the action. Such notice shall inform the licensee of the right to appeal the decision to the Hearing Examiner or other designated hearing body, pursuant to SMC 5.62.050, and shall state the effective date of such revocation or suspension and the grounds for revocation or suspension. The decision of the City Manager or designee to suspend or revoke the license shall be stayed during the pendency of any appeal to the Hearing Examiner or Superior Court. [Ord. 2017-3 § 2, 2017.]
5.62.080 Violation a misdemeanor.
Any person violating any of the provisions of this chapter is guilty of a misdemeanor in addition to other remedies provided in this chapter. [Ord. 2017-3 § 2, 2017.]
5.62.090 Nuisance declared.
A. Public Nuisance. Any gambling business operated, conducted, or maintained in violation of this chapter or any law of the City of Sunnyside or the State of Washington shall be, and the same is, declared to be unlawful and a public nuisance. The City Attorney may, in addition to or in lieu of any other remedies set forth in this chapter, commence an action to enjoin, remove or abate such nuisance in the manner provided by law and shall take such other steps and apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such public nuisance, and restrain and enjoin any person from operating, conducting or maintaining a gambling business contrary to the provisions of this chapter. [Ord. 2017-3 § 2, 2017.]
5.62.100 Additional enforcement.
The remedies found in this chapter are not exclusive, and the City may seek any other legal or equitable relief, including but not limited to enjoining any acts or practices which constitute or will constitute a violation of any business license ordinance or other regulations herein adopted. [Ord. 2017-3 § 2, 2017.]
5.62.110 Severability.
If any portion of this chapter, or its application to any person or circumstances, is held invalid, the validity of the chapter as a whole, or any other portion thereof, and its application to other persons or circumstances, shall not be affected. [Ord. 2017-3 § 2, 2017.]