ORD 09-599
ORDINANCE NO. 09-599
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, RELATING TO BUSINESS
REGULA TION ENFORCEMENT ADDING SECTIONS, AMENDING
SECTIONS, AND REPEALING SECTIONS IN CHAPTER 3, AND 9 OF
THE FEDERAL WAY CITY CODE.
WHEREAS, the City of Federal Way is in the process of re-codifying and reorganizing the
Federal Way City Code (FWCC) into the Federal Way Revised Code (FWRC) and through this process
has found redundant sections and language as well as unclear sections, inaccurate sections, and other
sections that could be revised for better readability and workability; and business regulation enforcement
can be simplified and consolidated;
WHEREAS, certain Code provisions need to be modified to coordinate with state and county law
requirements in areas of business regulation enforcement;
WHEREAS, none of the changes to the FWCC contained in this ordinance are intended to change
numbering or formatting changes that occur pursuant to the reorganization of the Code and;
WHEREAS, the City Council of the City of Federal Way finds it in the best interest of the City to
update its code, and amending these sections bears a substantial relation to public health, safety, or
welfare of the people of Federal Way; is consistent with the applicable provisions of the comprehensive
plan; and is in the best interest of the residents of the city;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS
SECTION I. Chapter 3, Article I, Section 3-3, of the Federal Way City Code shall be amended to
read as follows:
3-3 Service charges for excessive false alarms.
(aD Service charges will be assessed by the city clerk for excessive false alarms during the
registration year as follows:
U!lFourth and fifth false alarms: fee set forth in fee resolution.
ililSixth and additional false alarms: fee set forth in fee resolution.
Ordinance No. 09-599
Page 1 of 41
(132.) The city clerk shall ootify send a notice of false alarm determination to the alarm user and the
alarm business by regular mail of the fourth and subsequent false alarms. The notice shall include the
amount of the penalty fiRe and the consequences of the failure to pay the penalty fiRe. The city clerk shall
also inform the alarm user of the right to appeal the validity of the false alarm determination, as provided
in FWCC 3-9. 3 10. If the service charge has not been received in the city clerk's office within 6G 50 days
from the day the notice of service charge was mailed by the city clerk's office, and there is no appeal
pending on the validity of the false alarm, the city clerk shall send the notice of service charge by certified
mail along with a notice of late fee as set forth in fee resolution. If payment is not received within -l{) 14
days of the day the notice of late fee was mailed, the police chief may initiate the no response process and
enforcement of penalties.
(Ord. No. 93-193, S 3, 11-9-93)
SECTION 2. Chapter 3, Article I, Section 3-4, of the Federal Way City Code shall be amended to
read as follows:
3-4 No response to excessive false alarms.
(a) After the sixth false alarm in a registration year, the city clerk shall send a notification to the alarm
user by mail, which will contain the following:
(1) That the sixth false alarm has occurred.
(2) That if any additional false alarms occur within the remainder of the registration year, the
police may not respond to any subsequent alarms without the approval of the police chief and the alarm
user registration can be revoked.
(3) That the approval of the police chief can only be obtained by applying in writing for
reinstatement. The police chief may reinstate the alarm user upon a finding that reasonable effort has been
made to correct the false alarms which includes consideration of a letter from user's alarm company, duly
registered to do business in the city of Federal Way, which states the alarm system is operating properly
and the alarm user(s)' agents are properly trained in the alarm system operation. The city ofPederal Way
shall not be responsible for any costs incurred by the user to qualify for reinstatement.
(4) That reinstated users will be billed for any false alarm responses after reinstatement, and will
be subject to further revocation after any more false alarm responses during the remainder of the
registration year. Registrations will not be reinstated if there are any outstanding fees or service charges
due.
(5) That the alarm user has the right to contest the validity of a false alarm determination through
a false alarm validity hearing as set forth in FWCC 3-9.
(b) After the sixth false alarm within a registration year, or in case of a delinquent payment pursuant
to FWCC 3-3. there may be no police response to subsequent alarms without approval of the police chief.
If police response is suspended, the police chief shall send a notification of the suspension to:
(1) The department's communications center;
(2) The department;
(3) The alarm user by certified mail; and
(4) The persons listed on the alarm user's registration who are to be contacted in case of an
emergency, by certified mail.
( c) The suspension of police response to an alarm shall begin -W--14 days after the date of delivery
service of the notice of suspension of service to the alarm user unless a written request for a false alarm
validity hearing has been made in the required time period as set forth in FWCC 3-.2.
(Ord. No. 93-193, S 4, 11-9-93)
Ordinance No. 09-599
Page 2 of 41
SECTION 3. Chapter 3, Article I, Section 3-5, of the Federal Way City Code shall be amended to
read as follows:
3-5 Additional duties of alarm user.
(a) The premises An alarm user shall display the registration decal at or near the main entrance of any
premise where an alarm is used or operated" which shall be clearly visible and readable from the exterior
of the premises. .
(b) The premises An alarm user shall display the street address at or near the front of the premises and
at other places where access is available, such as from an alley or parking lot. The street address shall be
clearly visible and readable from the exterior of the premises.
(c) If requested to do so by the department, the alarm user or his or her designee shall respond to a
premises following activation of an alarm system for '.Yhieh a registration has been issued within a
reasonable time, and in any event, within one hour after said notification.
(Ord. No. 93-193, S 5, 11-9-93)
SECTION 4. Chapter 3, Article I, Section 3-9, of the Federal Way City Code shall be amended to
read as follows:
3-9 Administrative hearing.
(a) An alarm user may appeal the validity of a false alarm determination or the assessment of
penalties to the police chief. by filing a written notice of appeal with the city clerk within 14 calendar
days from the date of service of the notice of a false alarm or notice of any penalty. 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. The city
may also request a hearing before the police chief to assess costs. modify previous orders. or to enter
other orders as needed. The appeal shall be in 'ovriting and shall be requested within 10 days of the
notice of penalty received from the city clerk's office. Failure to contest the false alarm determination in
the required time period results in a conclusive presumption for all purposes that the alarm was false.
(b) Within 10 days of the clerk's receipt of the appeal. the police chief shall set a public hearing for a
date within 30 days of the clerk's receipt of the appeal. If a hearing is requested, written Written notice of
the time and place of the hearing shall be served on the user by the city clerk police chief, by certified
mail, at least 10 days prior to the date set for the hearing, which shall not be more than 21 nor less than 10
days after the filing of the request for hearing.
(c) The hearing shall be before the police chief or the police chief s designee. The police chief may
appoint another person to be an administrative hearing officer to hear the appeals aI'ld to render judgment.
The alarm user and the City police chief shall have the right to present written and oral evidence. If-the
police chief detcnnines that the false alarms alleged have occurred in a registration year, the police chief
may issue written findings 'ovai','ing, expunging or entering a false alarm designation on an alarm user's
fe€effh If the hearing officer finds that the appellant has proven by a preponderance of evidence that an
alleged false alarm did not occur during the registration year the hearing officer shall vacate the false
alarm determination. If the hearing officer finds that the appellant has proven by a preponderance of
evidence that any penalties are improper the hearing officer shall waive them. Otherwise the hearing
officer shall affirm the false alarm determination and penalties. The hearing officer shall issue a written
decision, including findings of fact. conclusions. and order within 14 days of the hearing. If false alarm
determinations designations are affirmed entered on the alarm user's record, the city clerk shall pursue the
collection of the penalties penalty fines. If the civil penalty is not found to be proper, then the alarm user
shall bear no costs.
Ordinance No. 09-599
Page 3 of 41
(d) If a hearing is canceled more than 10 days after its request, then a cancellation fee as set forth in
the fee resolution must be paid in addition to the amount of the civil infraction.
(e) In accordance 'Nith RCW 16.55.210(l)(d), a decision made by an administrative hearing officer
may be appealed to the King County District Court for final judgment. (Ord. No. 93-193, S 9, 11-9-93)
SECTION 5. Chapter 3, Article I, Section 3-10, of the Federal Way City Code shall be amended
to read as follows:
3-10 Violations- Penalties.
In addition to any other penalty, the penalties and regulations provided herein, [anyone] who violates
any provisions of this chapter shall be found to have committed a Class I a violation of any provision of
this chapter is a civil infraction.
(Ord. No. 93-193, S 10, 11-9-93)
SECTION 6. A new section shall be added to Chapter 9, Article I, of the Federal Way City Code
(FWRC 12.05.002) to read as follows:
9-2 (FWRC 12.05.002J Enforcement and authority.
The city clerk has the authority to adopt rules and regulations to carry out the provisions of this chapter
[Title] and has the authority to administer and enforce this chapter [Titlel and any such rules and
regulations. It is unlawful to violate or fail to comply with any provision of this chapter [Title] or any
such rule or regulation.
SECTION 7. A new section shall be added to Chapter 9, Article I, of the Federal Way City Code
(FWRC 12.05.003) to read as follows:
9-3rFWRC 12.05.0031 Applicability.
Unless otherwise specified. the provisions contained in this article r chapter 1 apply to licenses and
regulations under any chapter in this chapter rTitle).
SECTION 8. Chapter 9, Article II, Section 9-27, of the Federal Way City Code shall be amended
to read as follows:
9-27 Penalties and violations.
(a) Criminal penalties. Any person failing to obtain or renew his/her business license or registration
after July 1 st of each year, or otherwise violating or failing to comply with any of the provisions of this
afli€le chapter [Title 1 is guilty of a misdemeanor may be punished by a fine of not more than $5,000 or
imprisoned for not more than six months, or both, for each day or part of a day during which the unlawful
act or violation occurs. The person may also be ordered to discontinue the unla'.vful act or correct the
','iolation.
(b) Civil penalties. Any person who fails to comply with the provision of this afli€le chapter rTitle1 is,
in addition to any criminal penalties, subject to a maximum civil penalty of $5,000 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 for each additional violation of the
same nature or a continuing violation in excess of three not including fees. costs, and assessments.
Ordinance No. 09-599
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(c) Other legal remedies. Nothing in this aftfel.e chapter rTitleJlimits the right of the city to pursue
other lawful, criminal, civil or equitable remedies to abate, discontinue, correct or discourage~
unlawful acts under or in 'liolation of this article.
(Ord. No. 91-86, S 1(23),2-5-91; Ord. No. 00-370, S 1,7-18-00)
SECTION 9. Chapter 9, Article II, Section 9-28, of the Federal Way City Code shall be amended
to read as follows:
9-28 Processing procedure.
The city clerk shall issue registrations_in the name of the city to all persons qualified under the
provisions of this article and shall:
(1) Adopt all forms and prescribe the information required to implement this aftfel.e chapter [Title].
(2) Submit all applications to the planning community 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. Notify any applicant of the acceptance or rejection of
this application and shall, upon denial of any registration, state in writing the reason therefor, the process
for appeal thereof and deliver them to the applicant.
(4) Deny any application for registration upon written findings that the granting would be detrimental
to public peace, health or welfare, or that such application for registration 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 licenses or registrations to all persons qualified under the provisions of this chapter [Title].
'\Then any such registration is denied, the applicant may appeal such decision pursuant to the process
described in F'.VCC ~.
(6) When the issuance is denied, and any action instituted by the applicant to compel its issuance,
such applicant shall not engage in the business for v.hieh the registration was refused unless or until the
registration is issued pursuant to an administrative or judicial judgment ordering the same.
(Ord. No. 91-86, S 1(4),2-5-91)
SECTION 10. Chapter 9, Article II, Section 9-29, of the Federal Way City Code shall be
amended to read as follows:
9-29 Business registration
No person shall transact, engage in or carry on any business, trade, profession, occupation, calling or
activity in the City of Federal Way without first having been issued a proper and current registration...m
addition to any other required federal. state, local. or City licenses; unless the person has or having filed
and qualified for 8fl exemption~ therefrom as provided herein.
(Ord. No. 91-86, S 1(1),2-5-91)
SECTION II. Chapter 9, Article II, Section 9-30, of the Federal Way City Code shall be
amended to read as follows:
9-30 Application.
(a1) Every person required to procure a license or registration under the provision of any ordinance of
this city or provision of this Ge6e chapter [Title] shall submit an application for such registration to the
city clerk on forms provided by the clerk. The application for the registration shall be made to the city
Ordinance No. 09-599
Page 5 of 41
clerk, on forms provided by such officer, which 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 chapter [Title 1 or found to be
reasonably necessary to determine compliance with this chapter [Title] or for the fair administration of
this afliele chapter rTitle1. 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 peljury. that the information contained in the application is true
and that the application is complete.
(b2) The application for a license or registration shall be accompanied by the full amount of the fee
chargeable for such license or registration.
(el) 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 lawtffis
article or this Code.
(61) A duplicate license or registration may be issued by the city clerk to replace any license or
registration previously issued which was lost, stolen, defaced or destroyed, upon the filing ef hY.-the
licensee or registrant ef an affidavit attesting to such fact and the paying to the city clerk a fee in the
amount of$15.00.
(e2) Any person or business possessing a current valid license or 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 an such application documenting
said change or modification will not require a fee.
(Ord. No. 91-86, S 1(3),2-5-91; Ord. No. 03-440, S 1,3-18-03)
SECTION 12. Chapter 9, Article II, Section 9-35, of the Federal Way City Code shall be
amended to read as follows:
9-35 Separate locations.
A separate license or 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 licensed or registered under the provision of this afliele chapter [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 license or registration, and must
comply with the provisions of all city codes. Each license or registration shall authorize the licensee or
registrant to transact and carry on only the business licensed or registered thereby at the location or in the
manner designated in such license or registrations.
(Ord. No. 91-86, S 1(9),2-5-91)
SECTION 13. Chapter 9, Article II, Section 9-36, of the Federal Way City Code shall be
amended to read as follows:
9-36 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
Ordinance No. 09-599
Page 6 of 41
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 license registration shall be
considered for purposes of classifying the size of the business for licensing registration purposes.
(Ord. No. 91-86, S 1(10),2-5-91)
SECTION 14. Chapter 9, Article II, Section 9-37, of the Federal Way City Code shall be
amended to read as follows:
9-37 Agents responsible fur obtaining registration.
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 artfele chapter [Title].
(Ord. No. 91-86, S 1 (11),2-5-91)
SECTION 15. Chapter 9, Article II, Section 9-38, of the Federal Way City Code shall be
amended to read as follows:
9-38 Posting required.
Every license or registration granted under this artfele chapter [Title) shall be posted in a conspicuous
place in the place of business of the licensee or registrant.
(Ord. No. 91-86, S 1(12),2-5-91)
SECTION 16. Chapter 9, Article II, Section 9-39, of the Federal Way City Code shall be
amended to read as follows:
9-39 Change of address.
Every person who, under the provision of this artfele chapter [Title], is subject to a license or
registration fee 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. 91-86, S 1(13),2-5-91)
SECTION 17. Chapter 9, Article II, Section 9-40, of the Federal Way City Code shall be
amended to read as follows:
9-40 Nontransferable.
Licenses or registrations Registrations issued pursuant to this artfele chapter [Title] shall not be
transferable by the licensee or registrant to any other person, nor shall any fee paid by any person under
the provisions of this artfele chapter [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 chapter rTitle 1. the surviving spouse. partner. or
officer may operate under the existing license for a period not to exceed 90 days.
(Ord. No. 91-86, S 1(14),2-5-91)
Ordinance No. 09-599
Page 7 of 41
SECTION 18. Chapter 9, Article II, Section 9-41, of the Federal Way City Code shall be
amended to read as follows:
9-41 Mailing of notices.
Unless otherwise provided. any Any notices required by this fIfliel.e chapter [Title] to be mailed to any
licensee, registrant or applicant shall be sent by ordinary mail, addressed to the address of the licensee.
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 licensee, registrant or
applicant to receive such mail notice shall not release the licensee. 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
fIfliel.e chapter [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. 91-86, S 1(16),2-5-91)
SECTION 19. Chapter 9, Article II, Section 9-42, of the Federal Way City Code shall be
amended to read as follows:
9-42 Revocation - Suspension - Denial.
,,\ registration issued under this article may be re'/oked, suspended or denied The clerk may revoke.
suspend, or deny a license or registration issued or requested under this chapter [Title] for anyone or
more of the following reasons:
(1) The licensee or registrant, or any manager, officer, director, agent or employee, while acting
within the scope of the business or of employment, fffiled 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 licensee, or any manager, officer, director, agent or employee, while acting within the scope
of employment, failed to comply with any of the terms and conditions imposed by the city on the issuance
of the registration;
(3) The licensee, or any manager, officer, director, agent or employee, while acting within the scope
of employment, failed to operate the business or actiyity in accordance with any federal, state or local law
or regulations;
f41 The licensee or registrant, or any manager, officer, director, agent or employee, while acting
within the scope of employment, conducted or permitted 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;
(~l) The issuance Issuance of the license or registration was issued through mistake or inadvertence,
without authority or power, or in violation of any applicable federal, state or local laws or regulations;
(61) 'Nhen the The license or 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;
(7) When the ~registration was issued through mistake or inadvertence;
(8) When the registration application contains false or misleading statements, evasions or suppression
of material facts;
(92.) The licensee or registrant's conviction has been or is convicted of infractions. crimes. or offenses
within 10 years which have a connection to the licensed business or activity. or the licensee or registrant's
agent or employee is convicted of such offense on the subiect premises when the licensee or registrant
knew or should have known of the violations;
Ordinance No. 09-599
Page 8 of 41
(10) \Vhen the business or activity becomes an instrument of or a coyer for public disorder, crime, or
other danger to public safety, morals or health;
(-l+Q) When a The registrant has had a business license or registration denied or revoked by the city
within one year prior to the date of an application for a business registration;
(12) Criminal conviction of licensee, or any manager, officer, director, agent or employee, while
acting within the scope of employment, or a violation of any provision of this title shall be grounds for
reyocation or suspension of the license.
A license or registration procured by fraud or misrepresentation shall be revoked. Where other violations
of this chapter [Title] or other applicable ordinances. statutes. or regulations are found. the license or
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. 91-86, S 1(17),2-5-91; Ord. No. 95-231, S 1,4-4-95; Ord. No. 03-440, S 2, 3-18-03)
SECTION 20. A new section shall be added to Chapter 9, Article II, of the Federal Way City
Code (FWRC 12.05.173) to read as follows:
9-42.3 rFWRC 12.05.1731 Emereency 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 iniury or damage to persons or property. the license or registration of such business may be
summarily suspended. The licensee or 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.
SECTION 21. A new section shall be added to Chapter 9, Article II, of the Federal Way City
Code (FWRC 12.05.175) to read as follows:
9-42.5 rFWRC 12.05.1751 Notice of suspension. revocation. denial or civil penalty.
Prior to denial. suspension. or revocation of a license or registration under this chapter rTitlel. or
imposition of a civil penalty the licensee or 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
FWCC 9-49 [FWCC-9-42.3 [FWRC 12.05.173)1 any penalty will be due and any denial. suspension, or
revocation of the license or 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.
SECTION 22. Chapter 9, Article II, Section 9-43, of the Federal Way City Code shall be
amended to read as follows:
9-43 Effect of registration, denial, revocation or suspension.
If any registrant has a business license or registration denied or revoked for any reason, a new
business license or registration shall not be granted to the licensee or registrant aH6tor any entity in which
the licensee or 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 FWCC 9-47 rFWCC 9-43.5 [FWRC 12.05.18511. The city clerk may
suspend a license or registration for no more than six months. During the period of any suspension, all
business activity shall cease. When a license or registration is denied. revoked. or suspended the
Ordinance No. 09-599
Page 9 of 41
applicant may appeal such decision pursuant to the process described in FWCC 9-45 et seq. Such
applicant shall not engage in the business for which the license or registration was denied. revoked. or
suspended unless or until a license or registration is issued or reinstated pursuant to an administrative or
iudicial iudgment ordering the same.
(Ord. No. 95-231, S 1, 4-4-95)
SECTION 23. A new section shall be added to Chapter 9, Article II, of the Federal Way City
Code (FWRC 12.05.185) to read as follows:
9-43.5 rFWRC 12.05.1851 Reinstatement procedures and standards for reviewine an application
for reinstatement.
At any time following the expiration of the revocation or denial period a licensee or registrant may apply
for reinstatement of the license or registration, or an application for a new business may be sought. A
hearing shall be held pursuant to the procedures under FWCC 9-45 et. seq.
SECTION 24. Chapter 9, Article II, Section 9-44, of the Federal Way City Code (FWRC
12.05.190) shall be amended to read as follows:
9-44 (FWRC 12.05.190J Notice of hearing.
Prior to suspension or revocation of a license or registration under this artiele chapter rTitle1, the
licensee or registrant shall be notified in writing of the grounds for suspension or revocation of the
registration.
Suspension or revocation of the license or registration shall occur 10 days after the date of service of
the notice of suspension or revocation unless such action is appealed by licensee or registrant in the
manner described herein.
(Ord. No. 91-86, S 1 (18),2-5-91; Ord. No. 95-231, S 1,4-4-95)
SECTION 25. Chapter 9, Article II, Section 9-45, of the Federal Way City Code shall be
amended to read as follows:
9-45 Appeal peflOO.
(1) Generally. Any person falling under the prOVISIOns of this chapter fTitle] may appeal any
revocation, suspension. or denial of a license or registration. the assesment of any penalty. or any other
acts designated under this chapter [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 subiect 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.
Ordinance No. 09-599
Page 10 of 41
(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 license or registration shall
be stayed during an appeaL but a denial of a license or registration is effective until ordered otherwise.
,'\ registrant under this article must appeal the decision for reyocation, suspension or denial within 10
days of receipt of the notice of such revocation, suspension or denial by filing a notice of appeal 'with the
city clerk. Upon receipt by the city clerk of the appeal by registrant, a hearing shall be held thereon before
a hearing examiner designated by the city. Notice of the hearing shall be given to the appellant at least 10
days prior to the hearing. ,\t such hearing the appellant shall be entitled to be heard and introduce
evidence on his or her own behalf.
(Ord. No. 91-86, S 1(19),2-5-91; Ord. No. 95-231, S 1,4-4-95)
SECTION 26. Chapter 9, Article II, Section 9-46, of the Federal Way City Code shall be
amended to read as follows:
9-46 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. The decision of the hearing examiner shall be rendered within five days of the close
of the hearing. The decision shall be in v/riting and shall set forth the findings and reasons for the
decision, and the registrant shall be notified in writing. In the event of revocation or denial of a license or
registration or license, the hearing examiner decision 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 license or registration shall not be
considered, the hearing examiner will shall consider among other factors:
(1) The degree of the licensee or registrant's culpability, if any, and the conduct leading to the
revocation, suspension, er denial. penalty. or other decision of the clerk;
(2) The criminal nature of the conduct, if any;-allil
(3) The conduct's effect~ on the community and whether the business or activity was a threat to the
public health, safety or welfare; and
(4) Any mitigating evidence.
During the period of revocation or denial, the registrant and any entity in v/hich the registrant has an
ownership interest shall be precluded from applying for either a reinstatement of the registration or from
applying for a new business registration to conduct the same or a similar business acti','ity. The decision
of the hearing examiner is final unless appealed within 14 days to the city council by filing such notice of
appeal ...vith the city clerk within the required time period. If a decision of the hearing examiner is not
appealed it shall constitute the final decision of the city. and the failure to comply with the decision of the
hearing examiner shall constitute a misdemeanor.
(Ord. No. 91-86, S 1(20),2-5-91; Ord. No. 95-231, S 1,4-4-95)
Ordinance No. 09-599
Page 11 of 41
SECTION 27. Chapter 9, Article II, Section 9-47, of the Federal Way City Code (FWRC
12.05.220) is hereby repealed as follows:
9 47(FWRC 12.05.220J Reinstatement ):lroeedures and standards for reviewing an
applieation for reinstatement.
(a) Procedures. :\t 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
utilizing the following procedures:
(1) ,A. 'Nritten application shall be completed on a form available from the city elerk.
(2) The application, "'/hen completed, shall be filed with the city clerk, with a copy to the city
attorney.
(3) The hearing examiner shall set a public hearing date with at least tV/O weeks' notice to the
registrant to consider the application for reinstatement or new application.
(1) The public hearing shall be adyertised by the city clerk in a newspaper of general circulation in
the city of Federal Way at least once and at least five days prior to the public hearing.
(5) ,^.t the public hearing, the hearing examiner shall recei'/e testimony from the registrant, city staff
and interested members of the public.
(6) Upon conclusion of the public hearing the hearing examiner shall decide whether or not to grant
approval of the application.
(b) Standards for review. In making its determination on an application for reinstatement or issuance
of a registration privilege, the hearing examiner shall consider all relevant factors, which shall include:
(1) The amount of time which has elapsed since the reyocation or denial action was taken; and
(2) The degree of the registrant's culpability, if any, the condl:lct leading to the revocation or denial,
and the criminal nature of the conduct, if applicable; and
(3) The effect on the COmllli:lllity of the conduct leading to the revocation or denial of the registration
privilege; and
(1) The steps taken by the registrant to reform him/herself or insure that if placed in the same or
similar business ownership position, hclshe would not reyert to the prior conduct which lead to the
re'/ocation or denial of his/her registration; and
(5) ,^.ny additional means by which the registrant can demonstrate to the hearing examiner that if
allowed a new registration, the prior 'Nrongful conduct would not recur.
(Ord. No. 95 231, S 1,4 1 95)
SECTION 28. Chapter 9, Article II, Section 9-48, of the Federal Way City Code shall be
amended to read as follows:
9-48 Appeal to city council.
The city council shall hear the ill:!Y...appeal of the hearing examiner decision using the procedures
provided in process IV of Chapter 22 FWCC. Zoning. within 30 days of the filing of notiee of the appeal.
The city council may adopt, modify or reverse the decision of the hearing examiner. The decision of the
city council shall be final unless appealed by writ of certiori to the superior court '.vithin 10 days of the
council decision.
(Ord. No. 91-86, ~ 1(21),2-5-91; Ord. No. 95-231, ~ 1,4-4-95)
SECTION 29. Chapter 9, Article II, Section 9-49, of the Federal Way City Code (FWRC
12.05.240) is hereby repealed as follows:
9 491FWRC 12.05.240J Emergency suspension.
Ordinance No. 09-599 Page 12 of 41
In the cvent of conduct or activities which create an eminent risk of harm to public health, safety or
'.velfare the registration of such business may be summarily suspended_upon notice to the registrant;
provided, that the registrant shall be entitled to a hearing before a hearing examiner designated by the city
upon a written appeal being filed with the city clerk by the registrant within 10 days of the registration
suspension. In the event of an appeal by registrant, a hearing shall be provided v/ithin 10 days of notice of
appeal. The pro'lisions of F'NCC 9 15, 9 16 and 9 17 shall apply to any appeal of the hearing examiner
decision. (Ord. No. 91 86, ~ 1 (22),2 5 91; Ord. No. 95 231, ~ 1, 1 1 95)
SECTION 30. Chapter 9, Article III, Section 9-73, of the Federal Way City Code is hereby
repealed as follows:
9 73 Penalties.
(a) Criminal penalty. ,^illY person yiolating any of the terms of this article shall be guilty of a
misdemeanor and upon con-viction thereof, be punished as pro','ided in FWCC 1 13.
(b) Ci','il penalty. In addition to any other penalty provided in this section or by law, any person who
violates any provision of an-y business license ordinance shall be subject to a civil penalty in an amount
not to exceed $250.00 per yiolation, to be directly assessed by the city clerk. The city clerk, 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 '.'iolator; the gravity of the violation; the number of past and
present violations committed; and the good faith of the 'Iiolator in attempting to achieye compliance after
notification of the ','iolation. ,^.ll civil penalties assessed will be enforced and collected in accordance with
the procedure specified under this article.
(Ord. 1'10.90 55, ~ 15,5 1 90; Ord. No. 95 211, ~ 1,8 15 95)
SECTION 31. Chapter 9, Article III, Section 9-74, of the Federal Way City Code is hereby
repealed as follows:
9 74 l\dditional enf-ereement.
Notwithstanding the existence or use of any other remedy, the city clerk may seek legal or equitable
relief to cnj oin any acts or practices '.vhich constitute or 'lIill constitute a violation of any provision of this
~
(Ord. 1'10.90 55, ~ 16,5 1 90; Ord. No. 95 211, ~ 1,8 15 95)
SECTION 32. Chapter 9, Article III, Section 9-86, of the Federal Way City Code is hereby
repealed as follows:
9 86 Lieense suspension or reyoeation.
(a) The clerk may, at any time upon the recommendation of the chief of police and as provided below,
suspend or re'.'oke any license issued under this chapter:
(1) Vlhere such license 'lias procured by fraud or false represCfltation of fact; or
(2) For the violation of, or failure to comply with, the provisions of this chapter or any other similar
local or state law by the licensee or by any of its servants, agents or employees ,vhen the licensee knew or
should have known of the ','iolations committed by its servants, agents or employees; or
(3) For the conviction of the licensee of any crime or offense involYing prostitution, promoting
prostitution, or transactions in'lolving controlled substances (as that term is defined in Chapter
69.50 RCW) committed on the premises, or the conviction of any of the licensee's servants, agents or
employees of any crime or offense involving prostitution, promoting prostitution, or transactions
involving controlled substances (as that term is defined in Chapter 69.50 RCW) committed on the
Ordinance No. 09-599
Page 13 of 41
licensed premises when the licensee lrncw or should have knO'lvn of the yiolations committed by its
servants, agents or employees.
(b) ,A. license procured by fraud or misrepresentation shall be revoked. Where other violations of this
chapter or other applicable ordinances, statutes or regulations are found, the license shall be suspended for
a period of 30 days upon the first such violation, 90 days upon the second violation within a 21 month
period, and rC'loked for third and subsequent violations within a 21 month period, not including periods
of suspension.
(c) The clerk shall proyide at least 10 days' prior written notice to the licensee of the decision to
suspend or revoke the license. Such notice shall inform the licensee of the right to appeal the decision to
the hearing examiner or other designated hearing body and shall state the effective date of such revocation
or suspension and the grounds for revocation or suspension.
(d) Notification shall be by personal service or registered or certified mail, return receipt requested, of
the decision. Notice mailed to the address on file shall be deemed received three days after mailing. The
notice shall specify the grounds for the suspension or revocation. The suspension or revocation shall
become effecti','e 10 days from the date the notice is delivered or deemed received unless the person
affected thereby files a written request with the city clerk for a hearing before the hearing examiner \vithin
such 10 day period. The hearing examiner or other hearing body shall render its decision '.vithin 15 days
following the close of the appeal hearing. ,^.ny 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 within
14 days of the hearing examiner decision, by "'/Tit of certiorari or mandamus as provided in F\-VCC ~.
The decision of the clerk shall be stayed during the pendency of any administrati'le and judicial appeals
except as provided in subsection (e) of this section.
(e) Where the Federal Way building official, fire marshal or the King County health department find
that any condition exists upon the premises of an adult cntertainment establishment which constitutes a
threat of immediate serious injury or damage to persons or property, said official may immediately
suspend any license issued under this chapter pending a hearing in accordance with subsection (e) of this
section. The official shall issue notice setting forth the basis for the action and the facts that constitute a
threat of immediate serious injury or damage to persons or property, and informing the licensee of the
right to appeal the suspension to the hearing examiner or other designated hearing body under the same
appeal provisions set forth in subsection (c) ofthis section, provided, however, that a suspension based on
threat of immediate serious injury or damage shall not be stayed during the pendency of the appeal.
(Ord. No. 90 55, ~ 17(,'\), 5 I 90; Ord. No. 95 211, ~ 1, 8 15 95)
SECTION 33. Chapter 9, Article III, Section 9-88, of the Federal Way City Code is hereby
repealed as follows:
9 88 Natiee of appeal.
,'\ny person falling under the provisions of this article may appeal from any notice of suspension,
denial or reyocation or civil penalty assessment by filing with the city clerk vii thin 10 days from the date
the notice is delivered or deemed received, a written appeal containing:
(1) f. heading in the words: "Before the Hearing Examiner for the city of Fcderal Way";
(2) ,,\ caption reading: ",^.ppeal of _" gi','ing the names of all appellants participating in the appeal;
(3) A brief statement setting forth the legal interest of each of the appellants participating in the
appeal;
(1) ,,\ brief statement in concise language of the specific order or action protested, togethcr 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; and
Ordinance No. 09-599
Page 14 of 41
(7) The verification, by declaration under penalty of pCljury, of at least one appellant as to the truth of
the matters stated in the appeal.
(Ord. No. 90 55, ~ 17(C), 5 I 90; Ord. No. 95 211, ~ I, 8 15 95)
SECTION 34. Chapter 9, Article III, Section 9-89, of the Federal Way City Code is hereby
repealed as follows:
9 89 Date, time, place for hearing.
,\s soon as practicable after receiving the Vlrittcn appeal, the hearing examiner shall fix a date, time,
and place for the hearing of the appeal. Such date shall be not less than 10 days nor more than 30 days
from the date the appeal was filed with the city clerk, unless the parties agree to an extension of time.
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 hearing examiner's office 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 or her address shown on the appeal.
(Ord. No. 90 55, ~ 17(D), 5 1 90; Ord. No. 95 211, ~ I, 8 15 95)
SECTION 35. Chapter 9, Article III, Section 9-91, of the Federal Way City Code is hereby
repealed as follows:
9 91 Seope of matters considered in appeal.
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.
(Ord. No. 90 55, ~ 17(F), 5 I 90; Ord. No. 95 211, ~ 1,8 15 95)
SECTION 36. Chapter 9, Article III, Section 9-92, of the Federal Way City Code is hereby
repealed as follows:
9 92 Waiver of right to appeal.
Failure of any person to file an appeal in accordance with the provisions of this division shall
constitute a waiver of his or her right to an administrative hearing and adjudication of the notice and
order, or any portion thereof.
(Ord. No. 90 55, ~ 17(G), 5 1 90; Ord. No. 95 211, ~ 1,8 15 95)
SECTION 37. Chapter 9, Article III, Section 9-94, of the Federal Way City Code is hereby
repealed as follows:
9 94 ,A~ction after hearing.
Upon completion of the hearing, the hearing examiner shall:
(1) Affirm the city clerk's decision; or
(2) Re';erse or modify the city clerk's decision.
(Ord. No. 90 55, ~ 17(1),5 1 90; Ord. No. 95 211, ~ 1,8 15 95)
Ordinance No. 09-599
Page 15 of41
SECTION 38. Chapter 9, Article III, Section 9-95, of the Federal Way City Code is hereby
repealed as follows:
9 95 ,A~ppeal from hearing examiner.
,'\n appeal from a decision of the hearing examiner shall be to the county superior court and shall be
served and filed within 30 days of the decision of the hearing examiner. In the event the applicant or
license holder does not follow the procedures within the time periods set forth in this division, the action
of the hearing examiner shall be final.
(Ord. No. 90 55, ~ 17(J), 5 1 90; Ord. No. 95 211, ~ 1, 8 15 95)
SECTION 39. Chapter 9, Article III, Section 9-96, of the Federal Way City Code is hereby
repealed as follows:
9 96 Stay during appeal.
The decision of the clerk to suspend, revoke or refuse to renew a license under this article shall be
stayed during administrative and judicial review, but refusal to issue an initial license shall not be stayed.
(Ord. No. 95 211, ~ 1,8 15 95)
SECTION 40. Chapter 9, Article III, Section 9-107, of the Federal Way City Code shall be
amended to read as follows:
9-107 License for managers, entertainers required- Fee.
No person shall work as a manager, assistant manager. or entertainer at an adult entertainment
establishment without having first obtained a manager's or an entertainer's license from the city clerk
pursuant to FWCC ~(b) and Dll. The annual fee for such a license shall be $50.00.
(Ord. No. 90-55, S 4, 5-1-90; Ord. No. 95-241, S 1,8-15-95)
SECTION 41. Chapter 9, Article III, Section 9-110, of the Federal Way City Code shall be
amended to read as follows:
9-110 Adult entertainment establishment license Lieense applications.
(a) ,^.dult entertainment establishment license.
(1) Required information. All applications for an adult entertainment establishment license shall be
submitted to the clerk pursuant to FWCC 9-30 in the name of the person or entity proposing to conduct
the adult entertainment establishment on the business premises and shall be signed by such person or his
or her agent and notarized or certified as true under penalty of PCljury. All applications shall be submitted
on a form supplied by the city, vihich shall require include the following information and documents:
(a} The name of the applicant, location and doing-business-as name of the proposed adult
entertainment establishment, including a legal description of the property, street address, and telephone
number, together with the name and address of each owner and lessee of the property.
(b} For the applicant and for each applicant control person, the provide: names, any aliases or
previous names, driver's license number, if any, social security number if any, and business, mailing, and
residential address, and business telephone number.
(c} If type of business organization the applicant is, such as a partnership, whether general or
limited, or a corporation; and, if a corporation, the date and place of incorporation, evidence that it is in
Ordinance No. 09-599
Page 16 of 41
good standing under the laws of Washington, and name and address of any registered agent for service of
process.
fd} For the applicant and each applicant control person, list any other current or prior licenses
currently held for similar adult entertainment or sexually oriented businesses, including motion picture
theaters and panorams, whether from the city or another city, county, state~, and if so, the names and
addresses of each other such licensed business; and whether any business license or adult entertainment
license has been revoked or suspended, and the reason therefor.
e. For the applicant and each applicant control person, list prior licenses held for similar adult
entertainment or other sexually oriented businesses, whether from the city or from another city, county, or
state, providing names, addresses and dates of operation for such businesses, and whether any business
license or adult entertainment license has been revoked or suspended, and the reason therefor.
fYf For the applicant and all applicant control persons, any and all criminal convictions or
forfeitures within five years immediately preceding the date of the application, other than parking
offenses or minor traffic infractions including the dates of conviction, nature of the crime, name and
location of court, and disposition.
ffig-; For the applicant and all applicant control persons, a description of business, occupation, or
employment history for the three years immediately preceding the date of the application.
fg)lr. ,^.uthorization Written authorization for the city, its agents and employees to seek obtain any
information needed to confirm any statements or information set forth in the application.
ili}~ Two two-inch by two-inch photographs of the applicant and applicant control persons, taken
within six months of the date of application showing only the full face.
fi.lj-; For the applicant or each applicant control person, a complete set of fingerprints prepared at
the King County department of public safety or on forms prescribed by the department.
.wIt Building plans and a A scale drawing or diagram showing the configuration of the premises
for the proposed adult entertainment establishment, including a statement of the total floor space occupied
by the business, aflEl marked dimensions of the interior of the premises....... Performance performance areas,
seating areas, manager's office and stations, restrooms and service areas shall be clearly marked on the
drawing. ,^J1 application for a license for an adult entertainment establishment shall inelude building plans
which demonstrate conformance with this article.
illh The application must demonstrate Documentation demonstrating compliance with the
provisions of the city's zoning code concerning allowable locations for adult entertainment
establishments.
(2) The clerk shall attempt to notify the applicant within five working days of a submittal of an
application if application is incomplete. }J1 application shall be deemed complete upon the applicant's
provision of all information requested above, including identification of "none" where that is the correct
response, and the applicant's verification that the application is complete. The clerk may request other
information or clarification in addition to that proyided in a complete application where necessary to
determine compliance with this chapter.
(3) ,\ nonrefundable application fee must be paid at the time of filing an application in order to defray the
costs of processing the application.
(r1) Each applicant shall verify, under penalty of PeDury that the information contained in the application
i-s--tme-:
(5) If any person or entity acquires, subsequent to the issuance of an adult entertainment establishment
license, a significant interest based on responsibility for management or operation of the licensed
premises or the licensed business, notice of such acquisition shall be provided in writing to the city clerk,
no later than 21 days following such acquisition. The notice to the clerk shall include the same
information required for an initial adult entertainment establishment license application.
(6) The adult entertainment establishment 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 establishment. The license shall be posted in a conspicuous place at or near the entrance to the
adult entertainmcnt establishment so that it can be easily read at any time the business is open.
Ordinance No. 09-599
Page 17 of41
(7) No person granted an adult entertainment establishment license pursuant to this chapter shall operate
the establishment under a name not specified on the license, nor shall any person operate the
establishment at any location not specified on the lieense.
(8) Upon receipt of the complete application and fee, the clerk shall pro','ide copies to the police, fire and
community development dcpartments for their in'lestigation and review to determine compliance of the
proposed adult entertainment establishment with the laws and regulations '.vhich each department
administers. Each dcpartment shall, within 25 days of the date of such application, inspect the application
and premises and shall make a written report to the clerk whether such application and premises complies
with the laws administered by each department. No license may be issued unless each dcpartment reports
that the application and premises comply with the relevant laws. In the e'lent the premises is not yet
constructed, the departments shall base their recommendation as to premises compliance on their review
of the drawings submitted in the application. ,\ny adult entertainment establishment license approved
prior to the premises construction shall contain a condition that the premises may be open for business
until the premises have been inspected and determined to be in substantial conformance with the drawings
submitted with the application. A department shall recommend denial of a license under this subsection if
it finds that the proposed adult entertainment establishment is not in conformance with the requirements
of this chapter or other law in effect in the city. A recommendation for denial shall cite the specific reason
therefor, including applicable laws.
(9) ,Ai adult entertainment establishment license shall be issued by the clerk 'Nithin 30 days of the date .of
filing a complete license application and fee, unless the clerk determines 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. The clerk shall notify the applicant within fi';e working days of application submittal if
application is incomplete, and shall grant an applicant's request for a reasonable extension of time in
which to provide all information required for a complete license application. If the clerk finds that the
applicant has failed to meet any of the requirements for issuance of an adult entertainment establishment
license, the clerk shall deny the application in v/riting and shall oite the specific reasons therefor,
including applicable law. If the clerk fails to issue_or deny the license within 30 days of the date of filing
of an complete application and fee, the applicant shall be permitted, subject to all other applicable law, to
operate the business for which the license vias sought until notification by the clerk that the license has
been denied, but in no event may the clerk extend the application review time for more than an additional
20 days.
(b) ,^.pplication for manager or entertainer license.
(1) Required information. No person shall work as a manager, assistant manager or entertainment at an
adult entertainment establishment '.vithout an adult entertainment manager or entertainer license from the
city. l\ll applications for a manager's or entertainer's license shall be signed by the applieant and
notarized or certified to be true under penalty of PCljury. ,\ll applications shall be submitted on a form
supplied by the city, which shall require include the follov/ing information:
a. The applicant's name, home address, home telephone number, date and place of birth, fingerprints
taken by the Federal Way police department, Soeial Security number, and any stage names or nicknames
used in entertaining.
b. The name and address of eaoh business at which the applicant intends to ',york.
c. Documentation that the applicant has attained the age of 18 years. ,\ny two of the following shall be
accepted as documentation of age: .
1. ,^. motor vehicle operator's license issued by any state bearing the applicant's photograph and date of
~
,
2. fi state issued identification eard bearing the applicant's photograph and date of birth;
3. ,A.n official passport issued by the United States of ,^.merica.
1. ,A.n immigration card issued by the United States of ,Aimerica; or
5. ,A.ny other identification that the city determines to be acceptable.
Ordinance No. 09-599
Page 18 of41
d. ,\ complete statement of all comictions of the applicant for any misdemeanor or felony violations in
this or any other city, county, or state within five years immediately preceding the date of the application,
except parking violations or minor traffic infractions.
e. ,A. description of the applicant's principal activities or services to be rendered.
f. Two two inch by 1'1.'10 inch photographs of an applicant, taken within six months of the date of
application showing only the full face.
g. Authorization for the city, its agents and employees to investigate and confirm any statements set forth
in the application.
(2) The clerk may request additional information or clarification when necessary to determine eompliallce
with this chapter.
(3) ,\ manager's or an entertainer's license shall be issued by the clerk v/ithin 14 days from the date the
complete application and fee are received unless the clerk determines that the applicant has failed to
provide any information required to be supplied according to this chapter, has made any false, misleading
or fraudulent statement of material fact in the application, or has failed to meet any of the requirements
for issuance of a license under this chapter. If the clerk determines that the applicant has failed to qualify
for the license applied for, the clerk shall deny the application in ',vriting and shall cite the specific reasons
therefor, including applicable lmvs.
(1) Every adult entertainer shall provide his or her license to the adult entertainment establishment
manager on duty on the premises prior to his or her performance. The manager shall retain the liecnses of
the adult cntertainers readily available for inspection by the city at any time during business hours of the
adult entertainment establishment.
(c) Temporary entcrtaincr or manager license. ,^ill applicant for an adult entertainer's license or manager's
license shall be issued a temporary license upon receipt of a complete license application and fee. Said
temporary license'Nill automatically expire on the fourteenth day following the filing of the complete
application and fee, unless the clerk has failed to appro','e or deny the license application in which case
the temporary license shall be yalid until the clerk approyes or denies the application, or until the final
determination of any appeal from a denial of the application. In no event may the clerk extend the
application revicw timc for more than an additional 20 days.
(Ord. No. 90-55, S 7(A), (B)(I) - (3),5-1-90; Ord. No. 92-129, S 1,3-17-92; Ord. No. 95-241, S 1,8-15-
95; Ord. No. 97-290, S 1,3-4-97; Ord. No. 97-298, S 1,8-5-97)
SECTION 42. A new section shall be added to Chapter 9, Article III, of the Federal Way City
Code to read as follows:
9-110.3 Manaeer or entertainer license application.
An application for a manager or entertainer license shall include the following information:
(1) The applicant's name, home address. home telephone number. date and place of birth. fingerprints
taken by the Federal Way police department. Social Security number. and any stage names or nicknames
used in entertaining.
(2) The name and address of each business at which the applicant intends to work.
(3) Documentation that the applicant has attained the age of 18 years. Any two of the following shall
be accepted as documentation of age:
(a) A motor vehicle operator's license issued by any state bearing the applicant's photograph and
date of birth;
(b) A state-issued identification card bearing the applicant's photograph and date of birth;
(c) An official passport issued by the United States of America.
(d) An immigration card issued by the United States of America; or
(e) Any other identification that the city determines to be acceptable.
Ordinance No. 09-599
Page 19 of 41
(4) A complete statement of all convictions of the applicant for any misdemeanor or felony violations
in this or any other city, county, or state within five years immediately preceding the date of the
application. except parking violations or minor traffic infractions.
(5) A description of the applicant's principal activities or services to be rendered.
(6) Two two-inch by two-inch photographs of an applicant. taken within six months of the date of
application showing only the full face.
(7) Authorization for the city, its agents and employees to investigate and confirm any statements set
forth in the application.
SECTION 43. A new section shall be added to Chapter 9, Article III, of the Federal Way City to
read as follows:
9-110.3 Adult entertainment license issuance.
(I) The clerk shall notify city departments of a complete application for an adult entertainment
establishment license pursuant to FWCC 9-30. Each department notified of the application shall. within
25 days of the date of the application. inspect the application and premises and make a written report to
the clerk whether such application and premises complies with the laws administered by such department.
No license may be issued unless each department reports that the application and premises comply with
the relevant laws. In the event the premise is not yet constructed. the departments shall base their
recommendation as to premises compliance on their review of the drawings submitted in the application.
Any adult entertainment establishment license approved prior to the premises construction shall contain a
condition that the premises may not be open for business until the premises have been inspected and
determined to be in substantial conformance with the drawings submitted with the application. A
department shall recommend denial of a license under this subsection if it finds that the proposed adult
entertainment establishment is not in conformance with the requirements of this chapter or other law in
effect in the city. A recommendation for denial shall cite the specific reason therefor, including applicable
laws.
(2) The clerk shall issue a license under this article [chapter1 within 30 days of the date of filing a
license application and fee for a adult entertainment establishment license or within 14 days of the date of
filing a license application and fee for a manager or entertainer license. unless the clerk determines that
the application is incomplete; the applicant has failed to meet any of the requirements of this chapter; the
applicant has failed to provide any required information; or that the applicant has made a false.
misleading. or fraudulent statement of material fact on the application. If the clerk finds that the applicant
has failed to meet any of the requirements for issuance of the license. the clerk shall deny the application
in writing and shall cite the specific reasons therefor. including applicable law.
(3) If the clerk fails to find an application for a adult entertainment establishment license incomplete.
issue the license. or deny the license within 30 days of the date of filing of the application. the applicant
shall be permitted. subiect to any other applicable law. to operate the business for which the license was
sought until notification by the clerk that the license has been denied. but in no event may the clerk extend
the application review time for more than an additional 20 days. The adult entertainment establishment
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 establishment.
(4) An applicant for a manager or entertainer license shall be issued a temporary license upon receipt
of a license application and fee. The temporary license automatically expires on the 14th day following
the filing of the application and fee. unless the clerk fails to find the application incomplete. issue the
license. or deny the license; in which case the temporary license shall be valid until the clerk approves or
denies the application. In no event may the clerk extend the application review time for more than an
additional 20 days.
Ordinance No. 09-599
Page 20 of 41
SECTION 44. A new section shall be added to Chapter 9, Article III, of the Federal Way City
Code to read as follows:
9-110.7 Displav of entertainer's license.
Every adult entertainer shall provide his or her license to the adult entertainment establishment
manager on duty on the premises prior to his or her performance. The manager shall keep the licenses of
the adult entertainers readily available for inspection by the city at any time during business hours of the
adult entertainment establishment.
SECTION 45. Chapter 9, Article V, Section 9-207, of the Federal Way City Code is hereby
repealed as follows:
9 207 (F'''RC 12.15.020JCriminal penalty.
(a) Prohibited acts Gross misdemeanor. RCW 19.60.066, including all future amendments, additions or
deletions is adopted by reference.
(b) Every pavmbroker or secondhand dealer and every clerk, agent or employee of such pavmbroker or
secondhand dealer, '.vho commits the following acts is guilty of a misdemeanor, and upon conviction
thereof, shall be punished as pro';ided in FWCC I 13:
(1) Falsifies, obliterates, destroys or removes from his or her place of business such book or record;
(2) Refuses to allow a representative of the law enforcement authority for the city to inspect the same, or
any goods in his or her possession, during the ordinary hours of business;
(3) Reports any material falsely to the law enforcement authority for the city;
( 1) Fails before dose of business on the first day of the v/eek to furnish the law enforcement authority for
the city with a full, true and correct transcript of the record of all transactions had during the past business
weel€
,
(5) Fails to report forthwith to the lmv enforcement authority for the city that possession of any property
'Nhich he or she may have good eause to believe has been lost or stolen, together with the name of the
owner, if lmovm, and the date when received, and the name of the person from whom the same \vas
received;
(6) Remoyes or allo'.vs to be remo';ed from his or hcr place of business except upon redemption by the
mvner thereof, any property received within five years after receipt thereof has been reported to the law
enforcemont authority for the city;
(7) Receives any property from any person which he or she has good cause to belie'le is lost or stolen;
(8) Refuses to rcturn property '.vhich has bcen identified as stolen or pawned without authorization, to any
person the pawnbroker, a clerk or employee knows to be the rightful owner, or to charge a fee for the
return of such property to the rightful owner;
(9) Violates any provision of article by an act of either omission or commission.
(Ord. No. 90 57, ~ 15(,^.), 5 I 90; Ord. No. 03 110, ~ 3, 3 1803)
SECTION 46. Chapter 9, Article V, Section 9-208, of the Federal Way City Code is hereby
repealed as follows:
9 208 Chit penalty.
In addition to any other penalty provided in this article or by la';l, any person who 'liolates any
provision of any busincss license ordinance shall be subject to a ci'/il penalty in an amount not to exeeed
$250.00 per ,,'iolation, to be directly assessed by the city clerk. The city clerk, 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 gravity of the violation; the number of past and present violations
Ordinance No. 09-599
Page 21 of 41
committed; and the good faith of the violator in attempting to achieve compliance after notification of the
violation. /\11 ciyil penalties assessed will be enforced and collected in accordance with the procedures
specified in FWCC 9 221 through 9230. (Ord. No. 90 57, ~ 15(B), 5 1 90)
SECTION 47. Chapter 9, Article V, Section 9-221, of the Federal Way City Code is hereby
repealed as follows:
9 221 Natifieation of suspension, reyoeation, denial or civil penalty.
When the city clerk determines that there is cause for denying, suspending or revoking any license
issucd pursuant to this article, or assessing a ci'/il penalty, the city clerk shall notify the person holding
such license by personal scrvice or registered or certified mail, return rcceipt requested, of the deeision.
Notice mailed to the address on file shall be deemed received three days after mailing. The notice shall
specify the grounds for the denial, suspension, revocation or penalty assessment. The civil penalty shall
be due and the denial, suspension or revocation shall become effective 10 days from the date the notice is
deliyered or deemed receiyed unless the person affected thereby files a written request \vith the city clerk
for a hearing before the hearing examiner v/ithin such 10 day period.
(Ord. No. 90 57, ~ 1(,^.), 5 1 90)
SECTION 48. Chapter 9, Article V, Section 9-222, of the Federal Way City Code is hereby
repealed as follows:
9 222 ,A"uthority of hearing examiner.
The city hearing examiner is designated to hear appeals by parties aggrie','ed by actions of the city
clerk in suspending, revoking or denying a license or assessing a civil penalty pursuant to this article. The
hearing examiner may adopt reasonable rules or regulations for conducting its business. Copies of such
rules and regulations shall be delivercd to the city clerk who shall make them freely accessible to the
public. ,^.ll decisions and findings of the hearing examiner shall be rendered to the appellant in writing
with a copy to the city clerk.
(Ord. No. 90 57, ~ 1(B), 5 1 90)
SECTION 49. Chapter 9, Article V, Section 9-223, of the Federal Way City Code is hereby
repealed as follows:
9 223 Notiee of appeal.
,^JlY person falling under the provisions of this article may appeal from any notice of suspension,
denial or rC'location or civil penalty assessment by filing with the city clerk within 10 days from the date
the notice is delivered or deemed received, a written appeal containing:
(1) A heading in the words: "Before the Hearing Examiner for the city of Federal '.Vay";
(2) f. 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 participating in the
appeal;
(1) ,\ brief statement in concise language of the specific order or action protested, together with any
material facts claimcd to support the contentions of the appellant;
(5) ,^. 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; and
(7) The yerification, by declaration under penalty of petjUi)', of at least one appellant as to the truth of
the matters stated in the appeal.
Ordinance No. 09-599
Page 22 of 41
(Ord. No. 90 57, ~ 4(C), 5 1 90)
SECTION 50. Chapter 9, Article V, Section 9-224, of the Federal Way City Code is hereby
repealed as follows:
9 224 Date, time, place for hearing.
,\s soon as practicable after receiving the v/ritten appeal, the hearing examiner shall fix a date, time
and place for the hearing of the appeal. Such date shall be not less than 10 days nor morc than 60 days
from the date the appeal was filed with the city clerk. 'Nritten notice of the time and place of the hearing
shall be gi'/en at least 10 days prior to the date of the hearing to each appellaflt by the hearing examiner's
office 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 the address shov/n on the appeal.
(Ord. No. 90 57, ~ 1(D), 5 1 90)
SECTION 51. Chapter 9, Article V, Section 9-225, of the Federal Way City Code is hereby
repealed as follows:
9 225 Rights of appellant.
,^.t the hearing the appellaflt shall be entitled to appear in person and be represented by counsel and
offcr such evidencc pertinent and material to the action of the city clerk.
(Ord. No. 90 57, ~ i(E), 5 1 90)
SECTION 52. Chapter 9, Article V, Section 9-226, of the Federal Way City Code is hereby
repealed as follows:
9 226 Seope of matters considered in appeal.
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.
(Ord. No. 90 57, ~ 1(F), 5 1 90)
SECTION 53. Chapter 9, Article V, Section 9-227, of the Federal Way City Code is hereby
repealed as follows:
9 227 Waher of right to appeal.
Failure of any person to file an appeal in accordance "lith the provisions of tills division shall
constitute a waiver of his or her right to an administratiye hearing and adjudication of the notice and
order, or any portion thereof.
(Ord. No. 90 57, ~ 1(G), 5 1 90)
SECTION 54. Chapter 9, Article V, Section 9-228, of the Federal Way City Code is hereby
repealed as follows:
9 228 Stay of enforcement.
Enforcement of any notice and order of the city clerk shall be stayed during the pendency of an
appeal thercfrom \vhich is properly and timely filed. (
Ord. No. 90 57, ~ 1(H), 5 1 90)
Ordinance No. 09-599
Page 23 of 41
SECTION 55. Chapter 9, Article V, Section 9-229, of the Federal Way City Code is hereby
repealed as follows:
9 229 ,A"1ction after hearing.
Upon completion of the hearing, the hearing examiner shall:
(1) ,^.ccept the recommendation as presented;
(2) Deny the recommended action; or
(3) Modify the recommended action. (Ord. No. 90 57, ~ 1(1), 5 1 90)
SECTION 56. Chapter 9, Article V, Section 9-230, of the Federal Way City Code is hereby
repealed as follows:
9 230 }'1ppeal from hearing examiner.
,\n appeal from a decision of the hearing examiner shall be to the county superior eourt and shall be
served and filed within 30 days of the decision of the hearing examiner. In the event the applicant or
license holder does not follow the procedures within the time periods set forth in this division, the action
of the hearing examiner shall be final.
(Ord. No. 90 57, ~ 1(J), 5 1 90)
SECTION 57. Chapter 9, Article V, Section 9-242, of the Federal Way City Code shall be
amended to read as follows:
9-242 Application.
fat All applications for issuance or renewal of a pawnbroker's or secondhand dealer's license shall be
filed with the city clerk on forms furnished for such purpose, and shall be accompanied by the required
fee.(b) The application shall state the true name of the applicant, who shall be not less than 18 years of
age, the names, addresses and telephone numbers of all persons having financial, proprietary or other
interest in such pawnshop or secondhand shop, and a list of any criminal convictions for such persons
during the past 10 years, together with such other information as the city clerk deems appropriate.
(Ord. No. 90-57, S 3(A), 5-1-90)
SECTION 58. Chapter 9, Article V, Section 9-244, of the Federal Way City Code is hereby
repealed as follows:
9 244 Crounds for denial.
The city clerk shall deny the applicant the license if:
(1) ,^.s a result of the im'estigation, the character and business responsibility of the applicant are found to
be unsatisfactory;
(2) The applicant has committed any act consisting of fraud or misrepresentation;
(3) The applicant has committed any act '.vhich, if committed by a licensee, would be grounds for
suspension or rC'tocation of a license;
( 1) The ~applicant has, within the pre'/ious 10 years, been convicted of a misdemeanor or felony
directly relating to the occupation of pavmbroker or secondhand dealer, including, but not limited to,
those misdemeanors and felonies involving theft, possession of stolen property, moral turpitude, fraud or
misrepresentation;
Ordinance No. 09-599
Page 24 of41
(5) The applicant has been refused a licCHse under the provisions of this article; pro'/ided, hov/ever, that
any applicant denied a license under the provisions of this article may reapply if and when the reasons for
denial no longer exist; or
(6) The applicant has made any false or misleading statement in the application.
(Ord. No. 90 57, ~ 3(C), 5 1 90)
SECTION 59. Chapter 9, Article V, Section 9-245 of the Federal Way City Code is hereby
repealed as follows:
9 245 Fees.
The alliRlal fee for a pawnbroker's license or a secondhand dealer's license shall be on file in the city
clerk's office. (Ord. No. 90 57, ~ 5(,^~), 5 1 90)
SECTION 60. Chapter 9, Article V, Section 9-249, of the Federal Way City Code is hereby
repealed as follows:
9 249 Crounds for reyocation.
Licenses issued pursuant to this division may be revoked by the city clerk after notice and hearing for any
of the following causes:
(1) Fraud, misrepresentation or false statement contained in the application for license;
(2) Fraud, misrepresentation or false statement made in the course of carrying on the business as
pawnbroker or secondhand dealer;
(3) ,^~ ','iolation of this article; or
(1) Con';iction after submission of the application for a pawnbroker's or secondhand dealer's license of a
felony or misdemeanor directly relating to the occupation of pawnbroker or secondhand dealer, including,
but not limited to, those misdemeanors and felonies involving theft, possession of stolen property, moral
turpitude, fraud or misrepresentation. (Ord. No. 90 57, ~ 3(D), 5 I 90)
SECTION 61. Chapter 9, Article VI, Section 9-293, of the Federal Way City Code is hereby
repealed as follows:
9 293 Violation Penalty.
,^..ny person violating or failing to comply ,'lith any of the provisions of this article is 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. No. 90 28, ~ 1(6.24.310),2 13 90)
SECTION 62. Chapter 9, Article VI, Section 9-294, of the Federal Way City Code is hereby
repealed as follows:
9 294 Chil penalty.
In addition to or as an alternative to any other penalty provided in this article or by law any person
who violates any provision of this article shall be subject to a civil penalty in an amount not to exeeed
$250.00 per violation to be directly assessed by the licensing authority. The licensing authority, 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 gravity of the violation; the number of past and
present violations committed and the good faith of the ','iolator in attempting to achieve compliance after
Ordinance No. 09-599
Page 25 of 41
notification of the violation. ,^Jl civil penalties assessed will be enforced and collected in accordanee v;ith
the procedure specified under this article.
(Ord. No. 90 28, S 1(6.21.320),2 13 90)
SECTION 63. Chapter 9, Article VI, Section 9-295, of the Federal Way City Code is hereby
repealed as follows:
9 295 Additional enf-eFeement.
Notwithstanding the existence or use of any other remedy, the licensing authority may seck legal or
equitable rcliefto enjoin any acts or practices '.vhich constitute or will constitute a violation of this article.
(Ord. No. 90 28, ~ 1 (6.21.330),2 13 90)
SECTION 64. Chapter 9, Article VI, Section 9-307, of the Federal Way City Code shall be
amended to read as follows:
9-307 Application.
An application for a license under the provisions of this division shall be in the form prescribed by the
licensing authority and shall include the following:
(1) Full name and business address of the applicant;
(2) Name under which the applieant intends to do business;
(3) A statement as to the general nature of the business in '.vhich the applicant intends to engage;
f4j Whether or not a firearm is to be used in connection with the applicant's duties as a licensee;
(~2) A statement as to the classification under which the applicant desires to be qualified;
(6.3.) The full name and residence address of each of its officers, partners, and directors, if the
applicant is an entity other than an individual;
(+1) Three recent photographs of the applicant, of a type to be prescribed by the licensing authority;
(&~) A classifiable set of fingerprints;
(9Q) A statement of experience qualifications;
(M1) Employment history for five years preceding the date of the application; and
(-H~) A list of arrests, convictions or confinements-;--aaa
(12) ,^illY other information, evidence, statements, or documents as may be required by the licensing
authority.
(Ord. No. 90-28, S 1(6.24.040(A)), 2-13-90)
SECTION 65. Chapter 9, Article VI, Section 9-312, of the Federal Way City Code is hereby
repealed as follows:
9 312 Fees.
Fees for licenses under the provisions of this division are on file in the city elerk's office. (Ord. No. 90
28, ~ 1(6.21.080),2 13 90)
SECTION 66. Chapter 9, Article VI, Section 9-313, of the Federal Way City Code is hereby
repealed as follows:
9 313 Crounds for denial.
The licensing authority may deny a license if the applicant, if an individual, has, or if the applicant is a
person other than an individual, that any of its officers, directors, or partners have:
Ordinance No. 09-599
Page 26 of 41
(1) Committed any act constituting fraud;
(2) Committed any act, which, if committed by a licensee, would be a ground f-or the suspension or
revocation of a license under the provisions of this article;
(3) Committed any act resulting in conviction of a felony or a crime involving moral turpitude;
(1) ,\ record, based upon reliable evidence, which leads to the reasonable conclusion that the applicant is
not competent to perform the duties and fulfill the responsibilities of a licensee under the provisions of
this article;
(5) Been refused a license under the provisions of this article or had a license revoked; provided,
however, that any applicant denied a license under the provisions of this article may reapply after six
months if the basis for such denial no longer exists;
(6) Been an officer, director or partner who knowingly participated or acquiesced in the acts or conduct of
any person, as defined by this article, for which that person was refused a license, or whose license was
re','oked under the provisions of this division;
(7) While unlicensed, committed or aided and abetted the commission of any act for which a license is
required under the proyisions of this a-rticle;
(8) Failed to successfully complete the firearms test specified in F'NCC UTI;
(9) Made any false statements in the application; or
(10) Failed to comply with the requirementsofFWCC ~ and~. (Ord. No. 90 28, ~ 1(6.21.090),
2 13 90)
SECTION 67. Chapter 9, Article VI, Section 9-317, of the Federal Way City Code shall be
amended to read as follows:
9-317 Suspension, denial for failure to file bond, insurance.
fat Every licensee under this division shall at all times maintain on file with the director the surety bond
and insurance required by this division in full force and effect and upon failure to do so, the license of
such licensee shall be suspended and shall not be reinstated until this requirement is met.
(b) The licensing authority shall deny the applieation fDr a license if the a-pplieant fails to satisfy the
surety bond or insurance requirements.
(c) The licensing authority may refuse to reinstate a license notwithstanding the licensee's compliance
with this section, if, during the suspension, the licensing authority finds:
(1) Any reason which would justify refusal to issue or justifies a suspension or revocation of a license; or
(2) Performance by an applicant of any practice, while under suspension for failure to keep his or her
surety bond or insurance in force, for v/hich a license under the provisions ofthis division is required.
(Ord. 1'40.90 28, ~ 1(6.21.210),2 13 90)
SECTION 68. Chapter 9, Article VI, Section 9-319, of the Federal Way City Code is hereby
repealed as follows:
9 319 Transferability.
,^. license issued under the provisions of this division shall apply to a single location only and shall not be
transfcrable to other locations or to any other person other than that designated on the license; pro'/ided,
however, that, in the event of death of the indi'lidual, partner or officer who satisfied the requirements of
FWCC ~1Q.8.(a), the surviving spouse, partner or officer may operate under the existing license for a
period not to exceed 90 days; further provided, however, that, at the end of this 90 day period, the
surviving spouse, partner or officer shall satisfy the requirements ofFWCC 9 308(a). (Ord. No. 90 28, ~
1(6.21.110),21390)
Ordinance No. 09-599
Page 27 of 41
SECTION 69. Chapter 9; Article VI, Section 9-321, of the Federal Way City Code shall be
amended to read as follows:
9-321 Unfair or deceptive acts Revoelltion or suspension Crounds.
(a) The licensing authority may suspend or revoke a license issued under the pro','isions of this division if
it is determined that the licensee, if an individual, has, or if the licensee is a person other than an
individual, that any of its officers, directors, or partners have:
(1) Made any false statement or given any false information in connection with an application for a
license or a renewal or reinstatement of a license;
(2) Violated any of the provisions of this article;
(3) Been conyicted of a felony or any crime involving moral turpitude;
(1) Illegally used, carried or possessed a dangerous v/eapon;
(5) Violated any rule of the licensing authority adopted pursuant to his or her authority contained in this
article;
(6) Committed or permitted any employee to commit any act, v;hile the license was expired, which would
be cause for the suspension or revocation of a license, or grounds for the denial of an application for a
license;
(7) Knowingly violated, or advised, encouraged or assisted the violation of, any court order or injunction
in the course of business as a licensee;
(8) ,^.cted as a runner or capper for any attorney; or
(9) Committed any act which is a ground for denial of an application for license under the provisions of
this division.
(b) The licensing authority may suspend or revoke a license issued under the provisions of this division if
it is determined that the licensee, if an individual, has, or if the licensee is a person other than an
indi','idual, that any of its officers, directors or partners have knowingly employed, or lmowingly has in
their employment any person who:
(1) Ha.s committed any act, which, if committed by a licensee, v/ould be grounds for suspension or
revocation of a license under the provisions of this article;
(2) Has been convicted of a felony or any crime involving moral turpitude;
(3) Has a record, based upon reliable evidenee, which leads to the reasonable conclusion that the applicant
is not competent to perform the duties and fulfill the responsibilities of a registrant under the provisions of
this article;
(1) Does not possess a valid registration card iss-ued under the provisions ofF'.VCC D.lQ et seq.
(c) The licensing authority may suspend or revoke a license issued under the pro'/isions of this diyision if
he or she determines that the The licensee, if an individual, has, or any of the officers, directors, partners,
or employees if of the licensee is a person other than an individual, have committed or used shall not
commit or use any unfair or deceptive acts or practices in the course of the licensee's business. Examples
of such acts and practices are:
(1) Engaging in retail installment transactions with members of the public in the state without complying
with all applicable provisions of Chapter 63.14 RCW on retail installment sales;
(2) Using a name different from that under which the applicant is currently licensed on any advertisement,
solicitation, or contract for business;
(3) Knowingly making a false report to an employer or client for whom the information was being
obtained;
(4) Wilfully failing or refusing to render a client services or a report as agreed between the parties and for
which compensation has been paid or tendered in accordance with the agreement of the parties, if
required by law;
(5) Making any false, deceptive or misleading representations to members of the public concerning the.
qualifications of employees and agents of the licensee, the nature or extent of the services provided by the
licensee, or the cost to members of the public of services by the licensee;
Ordinance No. 09-599
Page 28 of 41
(6) Manufacturing evidence;
(7) Knowingly making a false statement relating to evidence or information obtained in the course of
employment, or knowingly publishing slander or libel in the course of business; or
(8) Accepting employment adverse to a client or former client relating to a matter with respect to which
the licensee has obtained confidential information by reason of or in the course of employment by such
client or former client.
(Ord. No. 90-28, ~ I (6.24.100(A) - (C)), 2-13-90)
SECTION 70. Chapter 9, Article VI, Section 9-322, of the Federal Way City Code is hereby
repealed as follows:
9 322 Revoeation or suspension Effeetiye date.
(a) Suspension or revocation of a license issued under the provisions of this division shall take effect only
after the expiration of the period in which an appeal thereof may be filed.
(b) In eases of suspension, the license or registration shall be reinstated upon compliance with the violated
pro','ision of this article or until the period of suspension fixed by the licensing authority has expired.
(c) In cases of revocation, the license or registration shall be cancelled; provided, however, such
re'location for violation of any of the provisions of this article shall not relieve the licensee or registrant of
the penalties otherwise pro','ided for in this article.
(Ord. No. 90 28, ~ 1(6.21.100(D), (E)), 2 13 90)
SECTION 71. Chapter 9, Article VI, Section 9-341, of the Federal Way City Code is hereby
repealed as follows:
9341 Denial, suspension or revoeation.
The licensing authority may refuse to register any employee or may suspend or revoke a previous
registration, if the individual has committed any act which, if committed by a licensee, would be a ground
for refusing to issue a license, or for the suspension or revocation of a license under the provisions of this
~
(Ord. No. 90 28, ~ 1(6.21.260),2 13 90)
SECTION 72. Chapter 9, Article VI, Section 9-343, of the Federal Way City Code is hereby
repealed as follows:
9 343 Fee.
The registration fee for employees of a licensee is on file in the city clerk's office. (Ord. No. 90 28, ~
1(6.21.290),2 13 90)
SECTION 73. Chapter 9, Article VII, Section 9-388, of the Federal Way City Code is hereby
repealed as follows:
9 388 Penalty for 'liolation.
(a) ,^J1Y person and the officers, directors, managing agents, or partners of any corporation, firm,
partncrship or othcr organization or business ','iolating or failing to comply with any of thc provisions of
this article shall be guilty of a gross misdemeanor.
(b) In addition to any penalties provided in this section, any condition caused or permitted to exist in
violation of any of the provisions of this article is a public nuisance and all remedies given by law fDr the
Ordinance No. 09-599
Page 29 of 41
prevention and abatement of nuisances shall apply thereto. Further, each day that such condition or
yiolation continues shall be regarded as a nevI and separate offense and shall be punished accordingly.
(Ord. 1'10.90 62, ~ 8,6 1990; Ord. No. 91 110, ~ 8, 11 591; Ord. No. 02 129, ~ 15,11 1902)
SECTION 74. Chapter 9, Article VII, Section 9-403, of the Federal Way City Code shall be
amended to read as follows:
9-403 Application- Procedure.
(a) No temporary business license shall be issued or renewed except upon written application made to
the city clerk. Such application shall be signed by the person 'Nho intends to conduct, operate or engage in
the temporary business for which the license is to be issued, and shall state the nature and address or
addresses of the temporary business or businesses, or proposed temporary business or businesses, of the
applicant, An application for a temporary business license shall include the anticipated dates on which the
temporary business or businesses will be conducted, and such other information as may be required by the
city clerk.
(b) If the applicant is a partnership, the application must be made and signed by one of the partners. If
the applicant is a corporation, the application must be signed by one of the officers thereof. If the
applicant is a foreign corporation, partnership or nonresident individual, the application must be signed by
the resident agent or local manager of the corporation, partnership or individual.
(c) Upon receipt of a completed application, the The city clerk shall forward eompleted applications
the same to the city manager for rc','iew. The city clerk manager, or his or her designee, shall review the
application for compliance with the criteria and conditions set forth in FWCC 9-406. If all requirements
set forth in FWCC 9-406 are met, the city manager shall authorize the city clerk te shall issue the license.
If the requirements are not met, the license shall be denied and the city clerk shall notify the applicant.
No person may engage in or conduct a temporary business until a license has been granted.
(d) Neither the filing of an application for a license, nor the payment of any application fee, shall
authorize a person to engage in or conduct a temporal)' business until such license has been granted.
(Ord. No. 90-62, S 3, 6-19-90; Ord. No. 91-110, S 3,11-5-91)
SECTION 75. Chapter 9, Article VII, Section 9-405, of the Federal Way City Code is hereby
repealed as follows:
9 405 Fees.
,A. nonrefundable application fee in the amount of$25.00 shall accompany each application. (Ord. No. 90
62, ~ 3(A), 6 1990; Ord. No. 91 110, ~ 3, 11 5 91)
SECTION 76. Chapter 9, Article VII, Section 9-407, of the Federal Way City Code is hereby
repealed as follows:
9 407 Reyoeation or suspension.
The city manager may, at any time, suspend or revoke any license issued under the pro'lisions of this
division wheneyer the licensee, or any officer, employee or partner thereof:
(1) Has ','iolated any federal, state or city statute, law, regulation or ordinance upon the business
premises stated in the license or in connection ';vith the business stated in the license, whether or not the
licensee, or officer or partner thereof, has been convicted in any court of competent jurisdiction of such
yiolation;
(2) Is or has conducted, engaged in or operated the temporary business stated in the license upon
premises which do not conform to the ordinances ofthe city;
Ordinance No. 09-599
Page 30 of 41
(3) Has maintained or permitted the temporary business stated in the license to be conducted, engaged
in or operated in such a manner as to constitute a public nuisance; or
(1) Has made any material false statement or representation in connection with obtaining the license.
(Ord. No. 90 62, ~ 6, 6 19 90; Ord. No. 91 110, ~ 6, 11 5 91)
SECTION 77. Chapter 9, Article VII, Section 9-408, of the Federal Way City Code is hereby
repealed as follows:
9 408 Appeal.
(a) Whene','er the city manager determines that there is cause for suspending, denying or re','oking any
license issued pursuant to this division, the city clerk shall notify the person holding the license by
registered or certified mail, return receipt requested, of the determination. Notice mailed to the address on
the license shall be deemed recci'led three days after mailing. The notice shall specify the grounds for
suspension, denial or revocation.
(b) The licensee may appeal the decision of the city manager to suspend, deny or revoke a temporary
business license by filing a written notice of appeal to the hearing examiner '.vithin 10 days of the city
manager's decision. Notwithstanding the filing of an appeal, however, the licensee shall immediately
cease operations pending a final determination of the appeal.
(c) Upon timely receipt of the notice of appcal, the hearing examiner shall set a date for hearing the
appeal. The city clerk shall mail notice of the date and time of the hearing to the licensee at least 10 days
prior to thc hcaring date.
(d) The hearing shall be de novo. Tho hearing examiner may affirm, reverse or modify the city
manager's decision.
(e) The decision of the hearing examiner shall be final. ,'\ny person desiring to appeal must file an
appropriate In'.vsuit in the county superior court within 11 days of the hearing examiner's decision.
(Ord. No. 90 62, ~ 7,6 1990; Ord. No. 91 110, ~ 7, 11 591)
SECTION 78. Chapter 9, Article VIII, Section 9-422, of the Federal Way City Code is hereby
repealed as follows:
9 422 Violations.
(a) It shall be a misdemeanor to engage in any activity, act or conduct in violation of any of the
pro'/isions of this article, including, '.'Iithout limitation, operating or managing a public dance without
having first obtained a valid license, or renewal or operating or managing a public dance after rcvocation
or suspension of any dance hall license.
(b) ,\ny activity, act or conduct eontrary to the provisions of this article is hereby declared to be
unlawful, and the violation itself is an injury to the community constituting a pMblic nuisance.
(Ord. No. 92 132, ~ 1 (9.52), 1 11 92)
SECTION 79. Chapter 9, Article VIII, Section 9-423, of the Federal Way City Code is hereby
repealed as follows:
9 423 Cumulative remedies.
Not'.vithstanding the existence or use of any other remedy, the city may seek any remedy available at
la\v, in equity or by statute including the right to enjoin any acts or practices ':/hich constitute a ','iolation
of any of the provisions of this article.
(Ord. No. 92 132, ~ 1 (9.53), 1 11 92)
Ordinance No. 09-599
Page 31 of 41
SECTION 80. Chapter 9, Article VIII, Section 9-453, of the Federal Way City Code shall be
amended to read as follows:
9-453 Application.
(a) Applications for any license or renewal of any license pursuant to this article rchapter1 division
shall be submitted in writing on forms provided by the city clerk at least 30 days prior to the first dance or
in the case of renewals, at least 30 days prior to the expiration date of the existing license. Applications
submitted less than 30 days prior to an event may be charged a processing fee in addition to the regular
fee.
(b) In addition to other information requested, application~ ferms shall contain the name and place of
residence of the applicant and the owner of the premises where the dance hall is located, if the applicant is
a corporation or a partnership, the names and addresses of the officers, directors or partners thereof, the
address and description of the premises to be licensed, including the designated parking area, the time and
date of the dance or dances to be held in the case of a limited license and a general schedule of dances in
the case of all other dance hall licenses, and a declaration by the applicant or, if the applicant is
corporation or a partncrship, the officers, directors, or partners, and the applicant's employers, employees
or any othcr person involyed in thc operation of the dance hall a list of any and all criminal convictions or
forfeitures within five years immediately preceding the date of the application. other than parking
offenses or minor traffic infractions including the dates of conviction, nature of the crime. name and
location of court. and disposition for the applicant; any officers. directors. or partners; and all employers.
employees or any other person involved in the operation of the dance hall. and of any conyiction within
the past five yeaTS from the date of application. The application shall also include the names of persons
employed as security persons, and together with proof that the requirements for their security training
have been met.
(c) The city clerk must be notified within 10 days of any changes in the information required in this
section.
(Ord. No. 92-132, S 1(9.39(A)), 4-14-92)
SECTION 81. Chapter 9, Article VIII, Section 9-457, of the Federal Way City Code is hereby
repealed as follows:
9 457 ,Aippeal from denial.
(a) When thc city clerk declines to grant or renew a license under this division, the city shall notify the
applicant in writing of the same and shall inform the applicant of his or her right to a hearing before a
hearing examiner designated by the city. The applicant can exercise this right by filing with the city clerk
a written notice of appeal containing a specific statement of the reasons for the appeal, 'i'lithin 10 days of
the date of the city notice, and by paying a fee, pursuant to a f-ee schedule on file with the city clerk.
(b) If the applicant files a timely notice of appeal, the applicant shall be afforded a hearing before the
hearing cxaminer at which time the applicant shall be afforded an opportunity to shmv that the denial of
the license is arbitrary and capricious. i\fter the hearing, the hearing examiner shall determine whether the
applicant has provided sufficient evidence, pursuant to the license criteria set forth in FWCC .2...J2.Q, to
justify issuance of the license and shall issue the final findings of fact, conclusions of lm.v and decision
within 10 days of the date of the hearing.
(c) The applicant may appeal the hearing examiner's decision by seeking, within 10 days of such
decision, a writ of revievl from the county superior court. (Ord. No. 92 132, S 1 (9.11), 1 11 92)
Ordinance No. 09-599
Page 32 of 41
SECTION 82. Chapter 9, Article VIII, Section 9-458, of the Federal Way City Code shall be
amended to read as follows:
9-458 Duration- Renewal.
(a) The entire annual license fee required under this division shall be paid for the applicable calendar year
regardless of when the application for license is made, and shall not be prorated for any part of the year
except that if the original application for license is made subsequent to June 30th, the license fee for the
remainder of that year shall be one-half of the annual license fee. Annual license renewals shall be
obtained and paid in full by January 1 st of each calendar year.
(b) If any renewal license application is not filed and/or license fee paid on or before January 31 st of each
calendar year, there shall be assessed and collected by the city clerk an additional late fee pursuant to the
fee schedule on file with the city clerk.
(c) Failure to obtain a license renewal and to pay all required fees on or before January 31 st of each
calendar year shall result in suspension and/or revocation of the license pursuant to FWCC 2..J..Ql, until
such time as all required license renewal applications have been submitted and all fees have been paid.
(Ord. No. 92-132, S 1 (9.37(B) - (D)), 4-
14-92)
SECTION 83. Chapter 9, Article VIII, Section 9-459, of the Federal Way City Code is hereby
repealed as follows:
9 459 Nontransferable.
Any license issued under the provision of this division shall apply to a single licensee and to a single
location only and shall not be transferable to other locations or to other persons. (Ord. No. 92 132, ~
1(950),1 11 92)
SECTION 84. Chapter 9, Article VIII, Section 9-462, of the Federal Way City Code shall be
amended to read as follows:
9-462 ReQuirements Reyoeation or suspension.
(a) Revocation or suspension ofa license shall be determined by a committee composed of the city
clerk, city attorney and police chief. Notice of suspension or re','ocation of any license may only occur
when one or more of the following conditions are found to exist by the committee:
(1) The license 'lias procured by fraud or false representation of material fact in the application or in
any report or record required to be filed;
(~l) The building, structure, equipment or location of the dance hall does not must comply with the
requirements or fails to meet the standards of the applicable health, zoning, building, fire and safety
codes, laws and ordinances of the state, county and the city, or the requirements of this article;
(J.2) The applicant or any of the applicant's officers, directors, partners, operators or employees, or
any other person involved in the operation of the public dance or dance shall with the applicant's actual or
imputed kno'Nledge, has may not have been convicted within the last five years of:
a. A felony involving a crime of violence, as defined in RCW 9.41.010(2), or any felony under
Chapter 9A.44, 9A.64, 9A.88 or 69.50 RCW;
b. A crime involving prostitution, promoting prostitution, prostitution loitering, lewd conduct or
assault on a juvenile;
(4;2) The licensee or his or her employee, agent, partner, employer, director, officer or manager lias
may not knowingly allowed or permitted:
Ordinance No. 09-599
Page 33 of 41
a. A felony involving a crime of violence, as defined in RCW 9.41.010(2), or any felony under
Chapter 9A.44, 9A.64, 9A.88 or 69.50 RCW, to occur in or upon the dance hall premises;
b. A crime involving prostitution, promoting prostitution, prostitution loitering, lewd conduct or
assault on a juvenile to occur in or upon the dance hall premises;
c. Any unlawful act of sexual intercourse, sodomy, oral copulation, indecent exposure or
masturbation to be committed in or upon the dance hall premises;
d. The dance shall premises to be used as a place in which unlawful solicitations for sexual
intercourse, sodomy, oral copulation or masturbation occur;
e. The possession or consumption of liquor by persons under the age of 21 years in or upon dance hall
premIses;
f. The giving or supplying of liquor to any person under the age of 21 years;
g. The use by any person in or upon the dance hall premises of marijuana, cocaine or any other
controlled substance, as defined in RCW 69.50.1 01 (d), not prescribed by a licensed physician for use by
the person possessing or using the substance;
h. Violation of any provision of this article, or of any other applicable law or ordinance, which the
committee finds constitutes an unreasonable interference with surrounding land uses or is otherwise
unreasonably detrimental to the public welfare;
i. Failure to timely file ahd pay any admissions tax, business registration, license or other fee owing
the city; or
j. Allowing any person under the influence of intoxicants or drugs onto or to remain on the dance hall
premIses;
(~.1) Sound from the dance hall is at a volume so as to may not be audible from a distance "greater than
50 feet away from the dance hall.
(b) Rcvocation or suspension of a license shall occur only after:
(1) The licensee has been given notice ofthe committee's intent to revoke or suspend the lieense,
which notice shall specifically state the applicable violations of subsection (a) of this section, pursuant to
the procedures set forth in FWCC ~;
(2) ,A. hearing has occurred, if the licensee has filed a timely request for a hearing; and
(3) The hearing examiaer has issued final findings of fact, conclusions oflaw and a decision on the
hearing.
If no request for a hearing is filed by the licensee the reyocation or suspension shall be in full force
and effect upon the end of the period within \vhich the licensee has to request a hearing.
(c) The licensee may appeal the hearing examiner's decision to rcyoke or suspend a license, by
seeking, within 10 days of the hearing examiner's decision, a writ of rcview from the county superior
eetH'h
(Ord. No. 92 132, ~ 1(9.15),1 11 92)
SECTION 85. Chapter 9, Article X, Section 9-601, of the Federal Way City Code is hereby
repealed as follows:
9 601 Business registration.
Unless otherwise specified, the general business registration provisions, contained in this chapter, shall
apply to this license section. (Ord. No. 95 230, ~ 1, 3 21 95)
Ordinance No. 09-599
Page 34 of 41
SECTION 86. Chapter 9, Article X, Section 9-602, of the Federal Way City Code is hereby
repealed as follows:
9 602 Penalties.
(a) Criminal penalty. "^.ny person violating any of the terms of this article shall be guilty of a
misdemeanor and upon conviction thereof be punished as provided in FWCC LU.
(b) Civil penalty. In addition to an)' other penalty provided in this section or by lav/, any person who
violates any provision of any business license ordinance shall be subject to a civil penalty in an amount
not to exceed $250.60 per violation to be directly assessed by the city clerk. l.Il civil penalties assessed
will be enforced and collected with the procedure specified under this article.
(Ord. No. 95 230, ~ 1, 3 21 95)
SECTION 87. Chapter 9, Article X, Section 9-603, of the Federal Way City Code is hereby
repealed as follows:
9 603 Additiona] enforeement.
Notwithstanding the existence or use of any other remedy, the city may scek legal or equitable relief
to enjoin any aets or practices which constitute or will constitute a yiolation of any provisions of this
~
(Ord. No. 95 230, ~ 1, 3 21 95)
SECTION 88. Chapter 9, Article X, Section 9-616, of the Federal Way City Code shall be
amended to read as follows:
9-616 License applications.
(a) Public bathhouse business. All applications for a public bathhouse business license or license
renewal shall be submitted in the name of the person or entity proposing to conduct such public bathhouse
on the business premises, shall be signed by such person or his or her legally authorized agent, and
notarized or certified as true under penalty of peIjury. l.II applications shall be submitted on a form
supplied by the city clerk, which shall require include the following information:
(1) The name, residence address, residence telephone number, date and place of birth, driver's license
number, and social security number of the applicant if the applicant is an individual or tax identification
number if the applicant is a corporation or other entity;
(2) The business name, address and telephone number of the establishment;
(3) The names, addresses, telephone numbers and social security numbers of any partners, corporate
officers, or shareholders who own 10 percent or more of the business or have made any other kind of
contribution to the business of the same or greater size, or other persons who have a substantial interest or
management responsibilities in connection with the business, specifying the interest or management
responsibility of each. For the purpose of this subsection "substantial interest" shall mean ovmership of
10 percent or more of the business, or any other kind of contribution to the business of the same or greater
~
(4) The name of the landlord or property owner of the property on which the business is situated.
(b) Bathhouse manager attendant. All applications for a manager or attendant's license or license
renewal shall by the applicant and notarized or certified to be true under penalty of pcIjury. /\11
applications shall be submitted on a form supplied by the city clerk, which shall require, at a minimum,
include the following information:
(1) The applicant's name, residence address, residence telephone number, date and place of birth,
driver's license number, and Social Security number;
Ordinance No. 09-599
Page 35 of 41
(2) A letter, dated no more than 30 days prior to the date of the submission of the application, from
the owner of the business indicating intent to employ the applicant on a specified date;
(3) Written proof that the applicant is 18 years of age or older. Written proof shall mean the
following:
a. A current motor vehicle operator's license by any state bearing the applicant's photograph and
date of birth; or
b. A valid identification card issued by the state of Washington which bears the applicant's
photograph and date of birth; or
c. A current passport;
(4) The mailing address and street address of all places within the city of Federal Way at which the
bathhouse manager or attendant will provide services. The bathhouse manager or attendant shall notify
the city clerk, in writing, of any changes in, or additions to, the location of such services within 14 days of
any such change or addition.
(c) Background checks. All applications submitted pursuant to this chapter will be submitted to a
background check in accordance with the procedures of the Federal Way police department.
(Ord. No. 95-230, S 1, 3-21-95)
SECTION 89. Chapter 9, Article X, Section 9-617, of the Federal Way City Code is hereby
repealed as follows:
9 617 Standards for denial of application f-or license.
(a) Public bathhouse license. The city clerk may deny any public bathhouse license request ifhe or she
determines that the applicant has:
(1) Made any material misstatement in the application for a license;
(2) Proposed a place of business or operates a business '.'thieh fails to comply with all applicable
requircments of this Code including without limitation the zoning, building, health and fire codes and all
othcr applicable local, state, or fcdcrallaws, rulcs or rcgulations;
(3) Had any convictions which have a direct connection with the licensed activity including, but not
limited to, theft, promoting or permitting prostitution, sexual offenses, consumer fraud, massage
practitioner, massage manager and/or public bathhouse manager/attendant viola~ion, or obscemty, within
five years prior to the date of application;
(1) Had a bathhousc license dcnied, rcvoked or suspcnded by thc city, or any other jurisdiction within onc
year prior to the date of such application.
(b) Bathhouse managcr/attendant licensc. The city clerk may deny any bathhouse attendant license
applied for under thc provisions of this chapter if the city clerk determines that the applicant has:
(1) Made any material misstatement in the application for a liccnsc; or
(2) Not complied with the operating requirements set out in F'NCC ~, ~ or any other
requirements of this chapter; or
(3) Had any convictions 'Nhich have a direct conneetion with the liccnsed acti'/ity induding, but not
limited to, thcft, prostitution, sexual offense, consumcr fraud, massage practitioner, massage manager
and/or bathhousc manager/attendant violation, or obscenity, within five years prior to the date of
application; or
( 1) Had a bathhousc manager or attcndant license denied, revoked or suspended by the city or any other
jurisdiction within one ycar prior to the datc of application;
( c) Effect oflicense denial. If any applicant has a liccnsc denied based upon a conviction classified as a
felony, or any other nonfelony convictions, pursuant to this section, a license shall not be granted 'Nitliin
five years from the date of such dcnial. If any applicant has a liccnse dcnied for any other reason, a
license shall not be granted within one year from thc date of such denial. (Ord. No. 95 230, ~ 1,3 21 95;
Ord. No. 03 110, ~ 6,3 18 03)
Ordinance No. 09-599
Page 36 of 41
SECTION 90. Chapter 9, Article X, Section 9-618, of the Federal Way City Code is hereby
repealed as follows:
9 618 Standards for suspension or revoeation of lieense.
(a) Public bathhouse license. The city clerk may revoke or suspend a public bathhouse license ifhe or she
determines that the licensee has:
(1) Failed to comply with FWCC ~, ~ or any of the other requirements of this chapter; or
(2) Failed to comply with the applicable building, health, fire and/or zoning code provisions or v/ith any
other applicable federal, state or local laws, rules or regulations; or
(3) With knO'.vledge, employed persons who, within a period of the preceding five years, have been
convicted of prostitution or consumer fraud stemming from activities conducted on the licensed premises,
or who have been arrested for such offenses and which lead to such convictions; or
(1) Had any convictions '.vhich have a direct connection with the licensed aeti';ity including, but not
limited to, consumer fraud, theft, controlled substances, prostitution, permitting or promoting prostitution,
sexual offenses, or obscenity 'Nithin 10 years; or
(5) Failed to comply with or done an)thing which constitutes a basis for denying a license application.
(b) Noticc of violation. If the city clerk, the building official or his or her agent determines during an
inspection that the condition of any public bathhouse business needs correction, a written notice of
';iolation shall be issued to the supervisor, manager, O'l.'mer, or person in charge specifying such
';iolations. Those same violations shall be rcmedied within 18 hours unless a later date is determined by
the city clerk. Failure to comply with any written notice oh'iolation to make corrections may result in
suspension or rcvocation of the public bathhouse license.
(c) Bathhouse manager/attendant license. The city clerk may suspend or reyoke any bathhouse manager
or attendant license ifhe or she determines that the licensee has:
(1) Failed to comply with any of the operating requirements set forth in F'NCC ~ and ~ or failed
to comply '.'/ith any of the other requirements of this chapter; or
(2) Had any convictions v/hich have a direct connection with the licensed actiyity including, but not
limited to, theft, prostitution, consumer fraud, obscenity, or sexual offenses; or
(3) Failed to comply with or done an)1hing which constitutes a basis f-or denying a license.
(d) Effect of license rcyocation. If any applicant under this chapter has his or her license revoked, a
license shall not be granted under this chapter for a period of at least one year from the date of such
revocation.
(e) Duration of license suspension. The city clerk may suspend a license for no more than six months.
(Ord. No. 95 230, ~ 1,3 21 95; Ord. No. 03 110, ~ 7,3 1803)
SECTION 91. Chapter 9, Article X, Section 9-619, of the Federal Way City Code is hereby
repealed as follows:
9 619 Transfer of lieenses and ehange of loeation.
No public bathhouse business, manager or attendant license issued under this chapter shall be transferable
from one person or entity to another person or entity. Upon the sale or transfer of an interest greater than
50 percent in a public bathhouse, a license shall become null and yoid. ^ ne'.v application shall be made
by any person desiring to operate or maintain the establishment and shall include a release of interest
statement from the previous licensee and a signed lease or rental agreement for the establishment. (Ord.
No. 95 230, ~ 1,3 21 95)
Ordinance No. 09-599
Page 37 of 41
SECTION 92. Chapter 9, Article X, Section 9-620, of the Federal Way City Code is hereby
repealed as follows:
9 629 Netifieation of suspension, revoeation, denial or eivil penalty.
When the city determines that there is cause for denying, suspending or re'loking any license issued
pursuant to this article or assessing a ci';il penalty, the eity clerk shall notify the person holding such
license by personal service or registered or certified mail, return receipt requested, of the decision. The
notice shall specify the grounds for the denial, suspension, revocation or penalty assessment. The civil
penalty shall be due and the denial, suspension or revocation shall become effective 10 days from the date
the notice is deli';ered or deemed received unless the person affected thereby files a v;ritten request ';/ith
the city clerk for a hearing before the hearing examiner within such 10 day period. (Ord. No. 95 230, ~ 1,
3 21 95)
SECTION 93. Chapter 9, Article X, Section 9-621, of the Federal Way City Code is hereby
repealed as follows:
9 621 Authority of hearing examiner.
The city hearing examiner is designated to hear appeals by parties aggrieved by actions of the city
clerk in suspending, revoking or denying a license or assessing a ci'lil penalty pursuant to this article. The
hearing examiner may adopt reasonable rules or regulations for conducting its business. Copies of such
rules and regulations shall be delivered to the city clerk who shall make them freely accessible to the
public. "^..ll decisions and findings of the hearing examiner shall be rendered to the appellant in writing
'.vith a copy to the city clerk.
(Ord. No. 95 230, ~ 1, 3 21 95)
SECTION 94. Chapter 9, Article X, Section 9-622, of the Federal Way City Code is hereby
repealed as follows:
9 622 Notiee of appeal.
J\n)' pemon falling under the provisions of this article may appeal from any notiee of suspension,
denial or revocation or civil penalty assessment by filing with the city clerk \'1ithin 10 days from the date
the notice is delivered or deemed received, a written appeal containing:
(1) "^.. heading in the words: "Before the Hearing Examiner for the city of Federal Way";
(2) A caption reading: '?ppeal of " gi';ing the names of all appellants participating in the
appeal;
(3) "A. brief statement setting forth the legal interest or each of the appellants participating in the
appeal;
( 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 rC'lersed, modified, or otherwise set aside;
(6) The signatures of all parties named as appellants, and their official mailing addresses; and
(7) The '/erification, by declaration under penalty of pcIjury, of at least one appellant as to the truth of
the matters stated in the appeal.
(Ord. No. 95 230, ~ 1, 3 21 95)
Ordinance No. 09-599 Page 38 of 41
SECTION 95. Chapter 9, Article X, Section 9-623, of the Federal Way City Code is hereby
repealed as follows:
9 623 Date, time, plaee for hearing.
J\s soon as practicable after receiving the 'lIritten appeal, the hearing examiner shall fix a date, time,
and place for the hearing of the appeal. Such date shall be not less then 10 days nor more than 60 days
from thc date thc appeal '.vas filed 'with the city clerk. Written notice of the time and place of the hearing
shall be given at least 10 days prior to the date of thc hearing to each appellant by the hearing examiner's
office eithcr by causing a copy of such noticc to bc delivered to the appellant personally or by mailing a
copy thereof, postage prepaid, addressed to the appellant at his or her address shown on the appeal.
(Ord. No. 95 230, ~ 1,321 95)
SECTION 96. Chapter 9, Article X, Section 9-624, of the Federal Way City Code shall be
amended to read as follows:
9-624 Rights of appellant.
At the hearing thc appellant shall be entitled to appcar in person and be represented by counsel and
offer such evidence pertinent and material to the action of the city clerk.
(Ord. No. 95 230, ~ 1,3 21 95)
SECTION 97. Chapter 9, Article X, Section 9-625, of the Federal Way City Code is hereby
repealed as follows:
9 625 Seope of matters eonsidered in appeal.
Only those matters or issues specifically raiscd by the appellant in the written notice of appeal shall
be considered in the hcaring of the appeal.
(Ord. No. 95 230, ~ 1,3 21 95)
SECTION 98. Chapter 9, Article X, Section 9-626, of the Federal Way City Code is hereby
repealed as follows:
9 626 Waiyer of right to appeal.
Failure of any person to file an appeal in accordance with the pro'/isions of this division shall
constitute a wai';er of his or her right to an administrative hearing and adjudication of the notice and
order, or any portion thercof.
(Ord. 1'10.95 230, ~ 1,3 21 95)
SECTION 99. Chapter 9, Article X, Section 9-627, of the Federal Way City Code is hereby
repealed as follows:
9 627 Stay of enforeement.
Enforcement of any notice and order of the city clerk shall be staycd during the pendency of an
appeal therefrom which is properly and timely filed. The stay shall be lifted upon issuance of thc final
decision of the city council.
(Ord. No. 95 230, ~ 1, 3 21 95)
Ordinance No. 09-599
Page 39 of 41
SECTION 100. Chapter 9, Article X, Section 9-628, of the Federal Way City Code is hereby
repealed as follows:
9 628 "A1eti9n after hearing.
Upon completion of the hearing, the examiner shall:
(1) "\cccpt the city clerk's recommendation as presented;
(2) Determine no action is warranted; or
(3) Modify the recommended action.
(Ord. No. 95 230, ~ 1,3 21 95)
SECTION 101. Chapter 9, Article X, Section 9-629, of the Federal Way City Code is hereby
repealed as follows:
9629 Appeal from hearing examiner.
",ill appeal from a decision of the hearing examiner shall be to the city of Federal Way city council
and shall be served and filed with the city clerk '.vithin 15 days of the decision of the hearing examiner. In
the event the applicant or license holder docs not follow the procedures within the time periods set forth
in this division, the action of the hearing examiner shall be final.
(Ord. No. 95 230, ~ 1, 3 21 95)
SECTION 102. 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 anyone or more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
SECTION 103. Concurrent Legislation. Currently pending ordinances or resolutions may amend
the same sections as does this one; changes made in this ordinance are intended to be in addition to any
changes made by any other ordinance or resolution, this ordinance is not intended to repeal, reenact, or
modify portions of the section that are enacted, repealed, or modified by any other ordinance or
resolution.
SECTION 104. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make necessary corrections to this ordinance including, but no limited to, the correction of
Ordinance No. 09-599
Page 40 of 41
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references
thereto.
SECTION 105. Ratification. Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
SECTION 106. 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 ofthe City of Federal Way this 6th day of January, 2009.
CITY OF FEDERAL WAY
ATTEST:
~~dP
CITY CLERK., CAROL NEIL~t}-ar.C
APPROVED AS TO FORM:
f~ {i. ~
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK.:
PASSED BY THE CITY COUNCIL:
PUBLISHED: 01-10-2009
EFFECTIVE DATE: 02-09-2009
ORDINANCE NO.: 09-599
11-20-2008
01-06-2009
Ordinance No. 09-599
Page 41 of 41