ORD 14-762ORDINANCE NO. 14 -762
AN ORDINANCE of the City of Federal Way, Washington, amending
the Business Registration Appeals Process; amending section 12.05.210
and repealing section 12.05.230 of the Federal Way Revised Code.
Amending Ordinance Nos. 12 -717, 09 -599, 95 -231, and 91 -86.
WHEREAS the City Clerk administers business registrations and licenses pursuant to
Chapter 12 of the Federal Way Revised Code; and
WHEREAS a decision of the City Clerk is appealable to the hearing examiner and then
appealable to the Council; and
WHEREAS the Council desires for the hearing examiner to make the final decision of the
City and remove Council from the appeal process; and
WHEREAS, the Finance, Economic Development, and Regional Affairs Committee of
the Federal Way City Council considered these code amendments on February 25, 2014, and
recommended adoption.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. FWRC 12.05.2 10 is hereby amended to read as follows:
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:
Ordinance No. 14 -762 Page 1 of 3
(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 uRless appealed within 14 days to the Gity GqURGffiI-.
cry, ache #Failure to comply with the decision of the hearing examiner shall constitute a
misdemeanor.
Section 2. FWRC 12.05.230 is hereby repealed in its entirety.
Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, or its application to any person or situation, be declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the remaining portions of this
chapter or its application to any other person or situation. The City Council of the City of Federal
Way hereby declares that it would have adopted this chapter and each section, subsection,
sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Ordinance No. 14 -762 Page 2 of 3
Section 5. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this 18th day of March, 2014.
ATTEST:
CITY OF FEDERAL WAY
Dua At 00 q7'
CITY CLERK, CAROL CNEILL A , I CM
FA1=01m; 10
P'LA44".01 rw-
CITY A RNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
2/25/2014
3/18/2014
3/21/2014
4/21/2014
14 -762
Ordinance No. 14 -762 Page 3 of 3