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Home Ordinances Ordinance No. 00568

Ordinance No. 00568

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     CITY COUNCIL MEETING MINUTES NOVEMBER 4, 2013                                                                                                                                                                                                                                                                                                                    Amended 11/4/13

 


                                                                                 ORDINANCE NO. 568


                    AN ORDINANCE of the City Council of the City of Lakewood,
                    Washington amending Sections 5.02.010, 5.02.040, 5.02.080 5.02.190 and
                    creating Section 5.02.171 of the Lakewood Municipal Code relative to
                    General Business Licenses; establishing an Effective Date; and providing
                    severability.

 

                   WHEREAS, in Ordinance 548, the City undertook a comprehensive amendment to
Chapter 5.2 of the Lakewood Municipal Code relative to General Business Licenses; and

                   WHEREAS, a number of technical amendments to Chapter 5.02 LMC are warranted; and

                   WHEREAS, since passage of Ordinance 548, the City has issued several Conditional
Business Licenses, and the Code currently does not provide express grounds by which a CBL
may be revoked; and

                   WHEREAS, the current Code does not provide a deadline by which an aggrieved
applicant may seek court review, and the addition of such a deadline is desirable for the City and
licensees; and

                   WHEREAS the summary license revocation procedures contained in the current Code
should be amended to provide procedural guidance for the City and licensees,

                  NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEWOOD, WASHINGTON do ordain as follows:

                 Section 1. Section 5.02.010 of the Lakewood Municipal Code titled, “Definitions” is
amended to read as follows:

                 For purposes of this Chapter, the following definitions shall apply:
                A. "Business" includes all lawful activities engaged in with the object of gain, benefit, or
advantage, directly or indirectly, whether part-time, full-time or seasonal.

                B. "Person" means any individual, corporation, company, firm, joint stock company,
partnership, limited liability entity, joint venture, trust, business trust, club, association,
society, or any group of individuals acting as a unit, whether mutual, cooperative,
fraternal, non-profit, or otherwise, receiver, administrator, executor, assignee, trustee in
bankruptcy, or any other group or entity formed for the purpose of engaging in business.

               Section 2. Section 5.02.080 of the Lakewood Municipal Code titled, “General
Qualifications of Licenses” is amended to read as follows:

               Any of the grounds below provide a basis for license suspension, revocation or denial;
provided that no business license issued pursuant to this Code shall be
suspended, revoked, or denied without cause.

                A.  Any application to conduct, in whole or in part, activity that is illegal under local,
state or federal law.

                B. Any applicant, licensee or employee of applicant or licensee who has been convicted
of a crime relevant to the business within ten years for a felony conviction, five years for
a gross misdemeanor conviction and three years a misdemeanor conviction.

                C. Within the last five years, any applicant, licensee or employee of applicant or licensee
who has suffered any of the following which is relevant to the business: a civil judgment,
or any other judgment, cease and desist order, notice and order, consent decree, or
administrative action, including prior licensing actions.

                 D. Any applicant, licensee or employee of applicant, licensee or employee of applicant
or licensee who has failed to comply with any of the provisions of this Code.

                 E. Any applicant, licensee or employee of applicant or licensee, if any reasonable
grounds exist to believe that such person is dishonest in a manner that is relevant to the
business, or that the license was procured by fraud or misrepresentation of fact, or desires
to obtain a business license so as to practice some illegal act , some act injurious to the
public health, safety or welfare or engaged in unlawful activity

                 F. Any applicant, licensee or employee of applicant or licensee who has caused,
maintained, permitted, allowed or is likely to cause, maintain, permit, or allow a public
nuisance to exist. “Public nuisance,” in addition to its common meaning, includes but is
not limited to a business generating a need for significant police and/or other government
services.

                 G. Any applicant, licensee, or employee of applicant or licensee or their agents have or
will engage in, maintain, permit, allow or fail to prevent unlawful activity on
the business premises

                 H. The applicant, licensee or employee of applicant or licensee failed to pay a civil
penalty or to comply with any notice and order of the City.

                  I. If reasonable grounds exist to believe that any applicant, licensee or employee of
applicant or licensee is likely to present an adverse impact to the public health, safety, or
welfare for any other reason, including but not limited to conduct related to past
operations of business.

                 J.  Violation of any rules, regulations or conditions which have been set forth in a
Conditional License issued under LMC 5.02.150.

                 K.  The failure to submit a complete license application or the failure to cooperate in an
investigation under LMC 5.02.090.

                Section 3. Section 5.02.190 of the Lakewood Municipal Code titled, “Appeal From
Denial or From Notice or Order” is amended to read as follows:

                A. The City Hearing Examiner is designated to hear appeals by applicants or licensees
aggrieved by actions of the City pertaining to any denial, or revocation of business
licenses, pursuant to chapter 1.36 LMC.

                B. Any applicant or licensee may, within ten (10) days after receipt of a notice of denial of
application or of a notice and order, file with the City Clerk a written notice of appeal.
The notice of appeal shall contain the following: (1) be conspicuously identified as a
notice of appeal; (2) set forth a brief statement setting forth the legal interest of the
appellants; (3) a brief statement setting forth the legal interest of the appellants; (4) the
specific order or action protested, together with any material facts claimed to support the
contentions of the appellants; (5) the relief sought, and reasons why it is claimed, and
why the protested action or notice and order should be reversed, modified or otherwise
set aside; (6) the signatures of all persons named as appellants, and their official mailing
addresses; (7) The verification (by declaration under penalty of perjury) of each appellant
as to the truth of the matters stated in the appeal.

               C.As soon as practicable after receiving the written appeal, the City Clerk shall fix a date,
time, and place for the hearing of the appeal by the Hearing Examiner. Written notice of
the time and place of the hearing shall be given at least ten (10) days prior to the date of
the hearing by the City Clerk, by mailing a copy addressed to each appellant at his or her
address shown on the notice of appeal.

               D. At the hearing, the appellant or appellants shall be entitled to appear in person, and to
be represented by counsel and to offer such evidence as may be pertinent and material to
the denial or to the notice and order. The technical rules of evidence need not apply.

               E. Only those matters or issues specifically raised by the appellant or appellants in the
written notice of appeal shall be considered in the hearing of the appeal.

               F. Within ten (10) business days following conclusion of the hearing, the Hearing
Examiner shall make written findings of fact and conclusions of law, supported by the
record, and a decision which may affirm, modify, or overrule the denial or order of the
City, and may further impose terms and conditions to the issuance or continuation of a
business license.

              G. Failure of any applicant or licensee to file an appeal in accordance with the provisions
of this Chapter shall constitute a waiver of the right to an administrative hearing and
adjudication of the denial or of the notice and order.

              H. Excepting those instances where, by law, a different time period applies, a decision by
the Hearing Examiner under this Chapter shall be final and conclusive unless within
twenty-one (21) days from the date of the decision, a party makes application to a court
of competent jurisdiction for appropriate relief.

              Section 4. A new Section 5.02.171 of the Lakewood Municipal Code titled, “Stay of
Suspension or Revocation -- Summary Suspension” is created to read as follows:

               A.  Except as otherwise provided in this Section, enforcement of any suspension or
revocation of any business license, or other order issued under this Chapter shall be
stayed during the pendency of an appeal therefrom which is properly and timely filed.

               B. Where conditions exist that are deemed hazardous to life or property, or where the
licensee or his or her employee or agent has knowingly permitted unlawful conduct, the
City is authorized to immediately stop such conditions that are in violation of this Code,
up to and including closing the business operation and summary suspension of the
business license. Such order and demand may be oral or written.

               C. At the time the licensee is notified of any summary suspension, the City Clerk shall
also schedule a hearing to be held within 3 business days from the date of the notice of
summary suspension  and the licensee will be notified by mail, facsimile, email, personal
service or hand deliver of the date, time and location of such hearing. Such notices shall
state the time and place of the hearing.  Such hearing shall be before the City Manager
or designee.

               D.  The decision of the City Manager or designee shall be final. The licensee may, within
10 days from the date of the decision, appeal such suspension or revocation in accordance
with LMC 5.2.190. Any summary suspension affirmed by the City Manager or designee
shall remain valid and in effect pending the outcome of the appeal, unless stayed pending
the outcome of the hearing by the City Manager or the designee who issued the decision
or Hearing Examiner.

              Section 5. Severability.  If any section, sentence, clause, or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of any other section, sentence, clause,
or phrase of this ordinance.


             Section 6. Effective Date.  This ordinance shall take place thirty (30) days after its
publication or publication of a summary of its intent and contents.
ADOPTED by the City Council this 4th day of  November, 2013.

 

                                                                                                            ___________________________
                                                                                                           Don Anderson, Mayor
Attest:


_______________________________   
Alice M. Bush, MMC, City Clerk

Approved as to Form:


_______________________________
Heidi Ann Wachter, City Attorney