Ord 03-440ORDINANCE NO. 03-440
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING THE
FEDERAL WAY CITY CODE CHAPTER NINE (AMENDING
ORDINANCE NOS. 90-55, 90-57, 91-86, 95-229, 95-230, 95-241,
95-231. ).
WHEREAS, the Federal Way City Council adopted Chapter Nine of the Federal Way
city Code in 1991 regulating the granting of Licenses and Business Registrations; and
WHEREAS, the State Legislature has modified some laws regarding the regulation of
businesses; and
WHEREAS, the courts have modified, through case law, certain criteria for granting
business licenses/registrations; and
WHEREAS, the City Council desires to update the Licenses and Business
Registrations accordingly; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Article II, Section 9-30 of the City of Federal Way Licenses and Business
Registration Code Chapter is amended as follows:
Sec. 9-30 Application.
(a) Every person required to procure a registration under the provision of any
ordinance of this city or provision of this Code shall submit an application for such
registration to the city clerk. The application for the registration shall be made to the city
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 of business, the
nature of business, the number of employees employed by the business, emergency
notification information and hazardous waste and substance information. The city clerk
ORD # 03-440, PAGE 1
shall require any additional information found to be reasonably necessary for the fair
administration of this article.
(b) The application for a registration shall be accompanied by the full amount of the
fee chargeable for such license.
(c) 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 this article or this Code.
(d) A duplicate registration may be issued by the city clerk to replace any registration i
previously issued which was lost, stolen, defaced or destroyed, upon the filing of the
registrant of an affidavit attesting to such fact and the paying to the city clerk a fee in the
amount of $15.00.
(e) Any person or business possessing a current valid 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. Submission of an application documenting said change or
modification will not require a fee.
Section 2. Article II, Section 9-42 of the City of Federal Way Licenses and Business
Registration Code Chapter is amended as follows:
Sec. 9-42 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) The licensee, or any manager, officer, director, agent or employee, while acting
within the scope of employment, failedFai!ure to comply with any federal, state or local
laws or regulations including provision of this Code;
(2) The licensee, or any manager, officer, director, agent or employee, while acting
within the scope of employment, failedFai!ure 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, failedFai!ure to operate the business or activity in
accordance with any federal, state or local law or regulations;
(4) The licensee, or any manager, officer, director, agent or employee, while acting
within the scope of employment, gconducted or permitted-of the business or activitiesg in
a manner which endangers the public health, welfare or safety;
(5) Issuance of the registration without authority or power, or in violation of any
applicable federal, state or local laws or regulations;
()RD # 03-440, PAGE 2
(6) When the registration was procured by fraud or false representation of 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;
(9) The registrant's conviction of infractions or offenses within ten years which have
a connection to the licensed activity;
(10) When the business or activity becomes an instrument of or a cover for public
disorder, crime, or other danger to public safety, morals or health;
(11) When a registrant has had a business registration denied or revoked by the city
within one year prior to the date of an application for a business registration?
(12) Criminal conviction ...........................................................................................................................................................................
..................................
or a violation of any provision of
this title shall be grounds for revocation or suspension of the license.
Section 3. Article V, Section 9-207 of the City of Federal Way Licenses and Business
Registration Code Chapter is amended as follows:
Sec. 9-207 Criminal penalty.
La) Prohibited Acts - GrOss Misdemeanor. RCW 19.60.066, including all future
amendments, additions or deletions is adopted by reference.
(ab)_ Every pawnbroker or secondhand dealer and every clerk, agent or employee of
such pawnbroker or secondhand dealer, who commits the following acts is guilty of a
misdemeanor, and upon conviction thereof, shall be punished as provided in FWCC 1-13:
G) ~ any {;~ ..... *~,~ therdn;
(3) Falsifies, obliterates, destroys or removes from his or her place of
business such book or record;
(2) r~,., Rehses 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) _~Repons any material falsely to the law enforcement authority for the
city;
(4) ~w Fails before close of business on the first day of the week to ~mish the
law enforcement authority for the city with a full, true and co~ect
transcript of the record of all transactions had during the past business
week;
ORD # 03-440, PAGE 3
_(5_)___.(-7)-Fails to report forthwith to the law enforcement authority for the city
that possession of any property which he or she may have good cause to
believe has been lost or stolen, together with the name of the owner, if
known, and the date when received, and the name of the person from
whom the same was received;
(6) (8) Removes or allows to be removed from his or her place of business
except upon redemption by the owner thereof, any property received
within five years after receipt thereof has been reported to the law
enforcement authority for the city;
(7) (9) Receives any property from any person which he or she has good cause
to believe is lost or stolen;
~ m ~>~ ............... ,., r~ ....... person -"~ .... under ~ Q years of age,
(11) ~' ~; .............. ~,, +'~-~' ~ person ,~h~' the red?~ent ~'~ ....... ' [, ........
~st ! 0 years;
(8) r~,~,~ Rehses to return property which has been identified as stolen or
pa~ed without authorization, to any person the pa~broker, a clerk or
employee ~ows to be the right~l owner, or to charge a fee for the return
of such prope~y to the fighthl o~er;
(9) t~nxt.~2 Violates ~y provision of this a~icle by an act of either omission or
commission.
Section 4. Article IX, Section 9-477 of the City. of Federal Way Licenses and Business
Registration Code Chapter is amended as follows:
Sec. 9~477 Standards for denial of application for license.
(a) Massage business license. The city clerk may deny any massage business license
request if he 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 which fails to comply with
all applicable requirements of this Code including without limitation the zoning,
building, health and fire codes and all other applicable local, state, or federal laws,
rules or regulations;
(3) Had any convictions which have a direct connection with the licensed activity
including, but not limited to, theft, prostitution, promotion or permitting prostitution,
ORD # 03-440, PAGE 4
sexual offenses, consumer fraud, massage practitioner or massage manager violation,
or obscenity within five years prior to the date of such application; or
(4) Had a massage business license denied, revoked or suspended by the city, or
any other jurisdiction within five one .years prior to the date of such application.
(b) Massage practitioner license. The city clerk may deny any massage practitioner
license applied fbr under the provisions of this chapter if the city clerk determines that the
applicant has:
(1) Made any material misstatement in the application for a license; or
(2) Had any convictions which have a direct connection with the licensed activity
including, but not limited to, theft, prostitution, sexual offense, consumer fraud,
massage practitioner or manager violation, or obscenity, within five years prior to the
date of application; or
(3) Had a massage practitioner or massage manager license denied, revoked or
suspended by the city, or any other jurisdiction fiYeone years prior to the date of the
application;
(4) Had a Washington State massage practitioner's license suspended or revoked
which had been issued pursuant to Chapter 18.108 RCW, as now existing or hereafter
amended or had any professional license revoked which had been issued pursuant to
RCW Title 18, as now existing or hereafter amended, which license authorized
performing massage treatments.
(c) Massage manager license. The city clerk may deny any massage manager license
applied for under the provisions of this chapter if the city clerk determines that the
applicant has:
(1) Made any material misstatement in the application for a license; or
(2) Had any convictions which have a direct connection with the licensed activity.
including, but not limited to, theft, prostitution, sexual offense, consumer fraud,
massage practitioner or manager violation, or obscenity, within five years prior to the
date of application;
(3) Had a massage practitioner or massage manager license denied, revoked or
suspended by the city or any other jurisdiction within onefiYe years prior to the date
of application; or
(4) Had a Washington State massage practitioner's license suspended or revoked
which had been issued pursuant to Chapter 18.108 RCW, as now existing or hereafter
amended or had any professional license revoked which had been issued pursuant to
RCW Title 18, as now existing or hereafter amended, which license authorized
performing massage treatments.
(d) Effect of.license denial. If any applicant has a license denied based upon a
conviction classified as a felony, or any other nonfelony convictions, pursuant to this
ORD # 03-440, PAGE 5
section, a license shall not be granted within five years from the date of such denial. If
any applicant has a license denied for any other reason, a license shall not be granted
within onethree years from the date of such denial.
Section 5. Article IX, Section 9-478 of the City of Federal Way Licenses and Business
Registration Code Chapter is amended as follows:
Sec. 9-478 Standards for suspension or revocation of license.
(a) Massage business license. The city clerk may revoke or suspend a massage
business license if he or she determines that the licensee has:
(1) Failed to comply with FWCC 9-501, 9-502 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 with any other applicable federal, state or local laws, rules or
regulations; or
(3) With knowledge 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;
(4) Had any convictions within ten years which have a direct connection with the
licensed activity, including but not limited to, consumer fraud, theft, controlled
substances, prostitution, permitting or promoting prostitution, sexual offenses, or
obscenity; or
(5) Failed to comply with or done anything which constitutes a basis for denying a
license application.
(b) Notice of violation. If the city clerk, the building official, or his or her agent
determines during an inspection that the condition of any massage business needs
correction, a written notice of violation shall be issued to the supervisor, manager, owner~
or person in charge specifying such violations. Those same violations shall be remedied '
within 48 hours unless a later date is determined by the city clerk. Failure to comply with
any written notice of violation to make corrections may result in suspension or revocation
of the massage business license.
(c) Massage practitioner license. The city clerk may suspend or revoke any massage
practitioner's license if he or she determines that the licensee has:
(1) Failed to comply with any of the operating requirements set out in FWCC 9-
501, 9-502 or any of the other requirements of this chapter; or
(2) Had any convictions which have a direct connection with the licensed activity
including, but not limited to, theft, prostitution, consumer fraud, obscenity, or sexual
offenses within ten years prior to the date of application; or
ORD # 03-440, PAGE 6
(3) Failed to comply with or done anything which constitutes a basis for denying
license application.
(d) Massage manager license. The city clerk may suspend or revoke any massage
manager license if he or she determines that the licensee has:
(1) Failed to comply with any of the operating requirements set forth in FWCC
501 and 9-502 or failed to comply with any of the other requirements of this chapter;
or
(2) Had any convictions which have a direct connection with the licensed activity
including, but not limited to, theft, prostitution, consumer fraud, obscenity, or sexual
offenses within ten years prior to the date of application; or
(3) Failed to comply with or done anything which constitutes a basis for denying a
license.
(e) Effect of license revocation. 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
fiYeone years from the date of such revocation.
(f) Duration of license suspension. The city clerk may suspend a license for no more.
than six months.
Section 6. Article X, Section 9-617 of the City of Federal Way Licenses and Business
Registration Code Chapter is amended as follows:
Sec. 9-617 Standards for denial of application for license.
(a) Public bathhouse license. The city clerk may deny any public bathhouse license
request if he 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 which fails to comply with
all applicable requirements of this Code including without limitation the zoning,
building, health and fire codes and all other applicable local, state, or federal laws,
rules or regulations;
(3) Had any convictions which have a direct connection with the licensed activity
including, but not limited to, theft, promotion or permitting prostitution, sexual
offenses, consumer fraud, massage practitioner, massage manager and/or public
bathhouse manager/attendant violation, or obscenity, within five years prior to the
date of application;
(4) Had a bathhouse license denied, revoked or suspended by the city, or any other
jurisdiction within fiYeone years prior to the date of such application.
(b) Bathhouse manager/attendant license. The city clerk may deny any bathhouse
attendant license applied for under the provisions of this chapter if the city clerk
()RI) # 03-440, PAGE 7
determines that the applicant has:
(1) Made any material misstatement in the application for a license; or
(2) Not complied with the operating requirements set out in FWCC 9-651, 9-652
or any other requirements of this chapter;
(3) Had any convictions which have a direct connection with the licensed activity
including, but not limited to, theft, prostitution, sexual offense, consumer fraud,
massage practitioner, massage manager and/or bathhouse manager/attendant
violation, or obscenity, within five years prior to the date of application;
(4) Had a bathhouse manager or attendant license denied, revoked or suspended
by the city or any other jurisdiction within fi:,eone years prior to the date of
application; or
(c) Effect of license denial. If any applicant has a license denied based upon a
conviction classified as a felony, or any other nonfelony convictions, pursuant to this
section, a license shall not be granted within five years from the date of such denial. If
any applicant has a license denied for any other reason, a license shall not be granted
within threeone years from the date of such denial.
Section 7. Article X, Section 9-618 of the City of Federal Way Licenses and Business
Registration Code Chapter is amended as follows:
Sec. 9-618 Standards for suspension or revocation of license.
(a) Public bathhouse license. The city clerk may revoke or suspend a public
bathhouse license if he or she determines that the licensee has:
(1) Failed to comply with FWCC 9-651, 9-652 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 with any other applicable federal, state or local laws, rules or
regulations; or
(3) With knowledge, employed persons who, within a period of the preceding five
years, have been convicted of prostitution or consumer fraud stemming from activitie~
conducted on the licensed premises, or who have been arrested for such offenses and
which lead to such convictions;
(4) Had any convictions which have a direct connection with the licensed activity~
including but not limited to, consumer fraud, theft, controlled substances, prostitution,
permitting or promoting prostitution, sexual offenses, or obscenity within ten years;
or
(5) Failed to comply with or done anything which constitutes a basis for denying a
license application.
()RI) # 03-440, PAGE 8
(b) Notice 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 violation shall be issued to the supervisor,.manager,
owner, or person in charge specifying such violations. Those same violations shall be
remedied within 48 hours unless a later date is determined by the city clerk. Failure to
comply with any written notice of violation to make corrections may result in suspension ~
or revocation of the public bathhouse license.
(c) Bathhouse manager/attendant license. The city clerk may suspend or revoke any
bathhouse manager or attendant license if he or she determines that the licensee has:
(1) Failed to comply with any of the operating requirements set forth in FWCC 9-
651 and 9-652 or failed to comply with any of the other requirements of this chapter;:
or
(2) Had any convictions which have a direct connection with the licensed activity,
including, but not limited to, theft, prostitution, consumer fraud, obscenity, or sexual
offenses; or
(3) Failed to comply with or done anything which constitutes a basis for denying a
license.
(d) Effect of license revocation. 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
fiYeone years from the date of such revocation.
(e) Duration of license suspension. The city clerk may suspend a license for no more~
than six months.
Section 8. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of thins
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.
Section 9. Ratification. Any act consistent with the authoritY and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 10. 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.
()RD # 03-440, PAGE 9
2003.
PASSED by the City Council of the City of Federal Way this 18th day of March
CITY OF FEDERAL WAY
ATTEST:
?/~YOR, JEANNE BUI~DGE
L/
~I,~v/2~ERK, N. cHRIsTINE ~'~I2~E1KI, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
k;pLd..Ln:busine~5sliq
02/19/03
02/25/03
03/18/03
03/22/03
C1~/17/03
03 -440
ORD # 03-440, PAGE 10