Ord 95-231
ORDINANCE NO. 95-231
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, AMENDING THE
FEDERAL WAY CITY CODE, CHAPTER 9 COVERING
BUSINESS REGISTRATIONS TO INCLUDE REGISTRATION
REVOCATION PROCEDURES (Amends Ord. No. 91-86)
WHEREAS, the Federal Way City Council finds that this
ordinance is in the interest of'the public health, safety, and
welfare;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
section 1.
Code
("FWCC")
amended and a new section FWCC 9-48 is added as follows:
Sec. 9-42.
Revocation and Amendment.
Federal Way city
sections 9-42,
9-43,
9-44,
9-45,
9-46,
9-47 are
Revocation; suspension; denial.
A registration issued under this article may
be revoked, suspended or denied for any one or
more of the following reasons:
(1)
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ORD # 95-231
^ material false statemeat eeataiaeà ia
the applieatieal
Failure to comply with gny federal,
state or local laws or regulations;
Failure to comply with any of the
terms and condition§ imposed by the
city on the issuance of the
registration;
Failure to operate the business or
activity in accordance with anv
federal. state or local law or
requlations tB saeh BràcrB, Fliles,
rc~latieas as may be applieablc;
Conduct of the business or activity
in a manner which endangers the
public health, welfare iffià or
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safety.... as Eie'termil'leEi BY the eity
olcrlt al'là/er peliee ehief al'là/er
Bliilàia§ effieial aaà/er fire ehicf
~~o may Be res~el'lsiBle far
el'lfereemel'lt af 'the applieablc la~,
re§lilatiel'l, eeaàitiea, eràer, rIlles
BF eràiaaaee.
Issuance of the reqistration without
authoritv or cower. or in violation of
anv acclicable federal. state or local
laws or requlations:
When the reqistration was crocured bv
fraud or false recresentation of facts:
When the reqistration was issued throuqh
mistake or inadvertence:
When the reqistration acclication
contains false or misleadina statements.
evasions or succression of material
facts:
The reqistrant's conviction of
infractions or offenses which have a
connection to the licensed activitv:
i1Ql When the business or activitv becomes an
instrument of or a cover for cublic
disorder. crime. or other dancer to
cublic safetv. morals or health.
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When a reaistrant has had a business
reaistration denied or revoked bv the
citv within one (1) vear crior to the
date of an acclication for a business
reaistration.
Sec. 9-43. Effect of Reaistration Denial.
Revocation or SusDension.
If anv reaistrant has a business
reaistration denied or revoked for any reason.
a new business reqistration shall not be
aranted to the reqistrant and/or anv entitv in
which the reaistrant has an ownershic interest
for a minimum ceriod of one (1) vear from the
date of such denial or revocation and all
business activitv shall immediatelY cease from
the date of such denial or revocation. The
citv Clerk mav suscend a license for no more
ORD # 95-231
, PAGE 2
ORD #
than six (6) months. Durina the Deriod of anv
suscension. all business activitv shall cease.
Sec. 9-4~J..
Notice of hearing.
Prior to suspension, denial or revocation of
a registration under this article, the
registrant shall be notified in writing of the
grounds for suspension, denial or revocation
of the registration. Suspension, denial or
revocation of the registration shall occur ten
days after the date of the notice of
suspension, denial or revocation unless such
action is appealed by registrant in the manner
described herein.
Sec. 9-4-4-~.
Appeal Period.
A registrant under this article must appeal
the decision for revocation, suspension or
denial within ten 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 ten
days prior to the hearing. At such hearing
the appellant shall be entitled to be heard
and introduce evidence on his or her own
behalf.
Sec.9-45§..
Decision of the hearing examiner.
The decision of the hearing examiner shall
be rendered within five 121 days of the close
of the hearing. The decision shall be in
writing 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. the hearinq examiner
decision shall crovide that the revocation or
denial shall be for a ceriod of not less than
one (1) vear unless the hearinq examiner
determines that extraordinarv circumstances
exist iustifvina a shorter ceriod of time. in
which case the iustification for such decision
shall be set forth bv the hearinq examiner in
writinq. In determininq the minimum time of
the revocation or denial durinq which
'95-231
, PAGE 3
reinstatement or issuance of a business
reaistration shall not be considered. the
hearinq examiner will consider amonq other
factors:
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The deqree of the reqistrant's
culcabilitv. if anv. and the conduct
leadinq to the revocation or denial:
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The criminal nature of the conduct.
anv: and
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The conduct's effect on the communi tv and
whether the business or acti vi tv was a
threat to the cublic health. safetv or
welfare.
Durinq the ceriod of revocation or denial.
the reqistrant and anv entitv in which the
reqistrant has an ownershic interest shall be
crecluded from acclvinq for either a
reinstatement of the reqistration or from
acclvinq for a new business reqistration to
conduct the same or a similar business
activitv. The decision of the hearing
examiner is final unless appealed within
fourteen (14) days to the city council by
filing such notice of appeal with the city
clerk within the required time period.
Sec. 9-467. Reinstatement Procedures and
standards tor Reviewina an AÐÐlication for
Reinstatement.
(a) Procedures. At anv time followinq the
exciration of the revocation or denial ceriod
a reqistrant mav accl v for reinstatement of
the reaistration. or an acclication for a new
business mav be souqht utilizina the followina
crocedures:
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A written acclication shall be
comcleted on a form available from
the citv clerk.
The acclication. when comcleted.
shall be filed with the citv clerk.
with a cocv to the citv attornev.
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The hearinq examiner shall set a
cublic hearinq date with at least
two (2) weeks' notice to the
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reqistrant to consider the
acclication for reinstatement or new
acclication.
The cub1ic hearina shall be
advertised bv the city clerk in a
newscacer of aeneral circulation in
the City of Federal Wav at least
once and at least five (51 davs
crior to the cublic hearina.
At the cublic hearinq. the hearinq
examiner shall receive testimonv
from the reaistrant. citv staff and
interested members of the cublic.
Ucon conclusion of the public
hearina the hearina examiner shall
decide whether or not to qrant
accroval of the acclication.
(b1 Standards for Review. In makinq its
determination on an application for
reinstatement or issuance of a reqistration
crivileqe. the hearinq examiner shall consider
all relevant factors. which shall include:
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The amount of time which has elacsed
since the revocation or denial
action was taken: and
The deqree of the reqistrant's
culcabilitv. if anv. the conduct
leadinq to the revocation or denial.
and the criminal nature of the
conduct. if acclicable: and
The effect on the communitv of the
conduct leadinq to the revocation or
denial of the reaistration
crivileqe: and
The stees taken bv the reqistrant to
reform him/herself or insure that if
claced in the same or similar
business ownershic cosition. he/she
would not revert to the crior
conduct which lead to the revocation
or denial of his/her reqistration:
and
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Anv additional means bv which the
reqistrant can demonstrate to the
hearina examiner that if allowed a
new reqistration. the crior wronaful
conduct would not recur.
Sec. 9-4&8.
Appeal to city council.
The city council shall hear the appeal of
the hearing examiner decision within thirtv
1301 days of the filing of notice 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 within ten i!Ql days of the
council decision.
Sec. 9-4'1-.!.
Emergency suspension.
In the event of conduct or activities which
create an eminent risk of harm to public
health, safety or welfare 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 ten
i!Ql days of the registration suspension. In
the event of an appeal by registrant, a
hearing shall be provided within ten days of
notice of appeal. The provisions of sections
9-45 aßè.... 9-46 and 9-47 shall apply to any
appeal of the hearing examiner decision
regarding emergency suspensions.
section
2.
Severabilitv.
The
provisions
of
this
ordinance are declared separate and severable.
The invalidity of
any clause, sentence, paragraph, subdivision, section, or portion
of this ordinance or the invalidity of the application thereof to
any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to
other persons or circumstances.
ORD #
95-231
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Section 3.
Ratification.
Any act consistent with the
authority and prior to the effective date of this ordinance is
hereby ratified and affirmed.
Section 4.
Effective Date.
This ordinance shall take
effect and be in force thirty (30) days from the time of its final
passage, as provided by law.
PASSED by the City Council of the City of Federal Way
this
4TH
day of
AI'RTT
, 1995.
CITY OF FEDERAL WAY
~~~ d~
MAY R, Y E. GATES
~T~~
CITY CLERK, N. CHRISTINE GREEN
APPROVED AS TO FORM:
¿¿~Y~ ~. 'LI~
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED: April 11, 1995
EFFECTIVE DATE: May 4, 1995
ORDINANCE NO. 95-231
February 14, 1995
April 4, 1995
K:\ordin\licrev. j jm
3/28/95
ORD #
95-231
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