Ordinance 38340006.90000
WSS/gjz
1/5/11
R:1/12/1lgjz
ORDINANCE NO.3834
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF THE
EDMONDS CITY CODE CHAPTER 4.72 BUSINESS LICENSE
BY THE ENACTMENT OF A NEW SECTION 4.72.055,
PROVIDING FOR AN APPEAL OF DENIAL OF A LICENSE,
AMENDING SECTION 4.72.060 REVOCATION OR
SUSPENSION, AMENDING SECTION 4.72.010 DEFINITIONS
TO DEFINE "DAY" BY ADDING A NEW SUBSECTION E,
AND FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, the current provisions of ECC Chapter. 4.72 provide for a hearing
before the City Council on the revocation of suspension of a business license but do not provide
a mechanism for review in the event that a license application is denied; and
WHEREAS, the City Council wishes to provide for such a hearing as well as
consistency with the process for revocation or suspension, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The Edmonds City Code Chapter 4.72 is hereby amended by the
addition of a new section 4.72.055.
4.72.055 Denial of license - hearing.
In the event that a license is denied under this chapter based on the
provisions of Chapter 4.72.050, or for any other lawful reason, the
applicant may request a hearing. Such request shall be in writing
and filed within ten (10) days of the date of written denial by the
City of a license application. A hearing shall be scheduled within
{WSS847793.DOC;1\00006.900000\ } - 1 -
thirty (30) days before the Hearing Examiner. The hearing shall
proceed in the following format:
1. The applicant/appellant shall present proof of the nature of
the activities which it seeks to conduct pursuant to a business
license in the City of Edmonds.
2. The City shall have the burden of establishing, by a
preponderance of the evidence, that the activities are in violation of
a provision of any ordinance of the City of Edmonds, or the
general statutes of the State of Washington.
3. The applicant/appellant may then present any rebuttal
testimony which it wishes to present.
The Hearing Examiner shall enter written findings of fact and
conclusions of law. No motion for reconsideration shall be
available to either party. Appeal of the final decision shall be to
the Snohomish County Superior Court in accordance with the
applicable laws of the state of Washington.
Section 2. The Edmonds City Code Section 4.72.060 Revocation or suspension
is hereby amended to read as follows:
4.72.060 Revocation or suspension.
The Mayor or his designee may, at any time, suspend or revoke
any license issued hereunder whenever the licensee or officer or
partner thereof has been convicted in any court of competent
jurisdiction of violating any statute of the United States or the state
of Washington or any ordinance of the City of Edmonds upon the
business premises stated in the license or in connection with the
business stated in the license; where the business activity violates
ECC 4.72.050; or where the place of business does not conform to
the ordinances of the City of Edmonds. Prior to such suspension
or revocation, the permittee shall be provided an opportunity for a
hearing. The licensee shall be notified in writing by sending a
written notice to the address stated on the license of the intention
of the City to revoke or suspend said license. The applicant may
then appeal by filing written notice with the City Clerk within ten
(10) days of the notice of revocation or suspension. The City
Clerk shall schedule a hearing within twenty (20) days before the
Hearing Examiner. The licensee may appear at that time and be
heard in opposition to such revocation or suspension.
{WSS847793.DOCJ\00006.900000\ } -2-
Section 3. The Edmonds City Code Section 4.72.010 is hereby amended to add a
new subsection 4,72.010(E) to read as follows:
4.72.010 Definitions.
E. "Day." The term "day" when used in this chapter shall
refer to days on which the City of Edmonds City Hall is open for
business. Any day which is defined as a holiday by ordinance and
any day on which City Hall has been closed by executive order
shall not constitute a "day."
Section 4. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
APPROVED:
- I pj--- --
MA OR MIKE COOPS
ATTEST/AUTHENTICATED :
ITY CLERK, SANDRA S. CHASE
APPROVED S T ORM:
OFFICE OF - HA TY EY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 01-14-2011
PASSED BY THE CITY COUNCIL: 01-18-2011
PUBLISHED: 01-23-2011
EFFECTIVE DATE: 01-28-2011
ORDINANCE NO. 3834
{WSS847793.DOC,1\00006.900000\ } - 3 -
SUMMARY OF ORDINANCE NO.3834
of the City of Edmonds, Washington
On the 181h day of January, 2011, the City Council of the City of Edmonds,
passed Ordinance No. 3834. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE
PROVISIONS OF THE EDMONDS CITY CODE CHAPTER 4.72 BUSINESS LICENSE BY
THE ENACTMENT OF A NEW SECTION 4.72.055, PROVIDING FOR AN APPEAL OF
DENIAL OF A LICENSE, AMENDING SECTION 4.72.060 REVOCATION OR
SUSPENSION, AMENDING SECTION 4.72.010 DEFINITIONS TO DEFINE "DAY" BY
ADDING A NEW SUBSECTION E, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 19th day of January, 2011.
CITY CLERK, SANDRA S. CHASE
{WSS847793.DOC;1\00006.900000\ }- 4 -
Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH S.S.
v M
SUMMARY OF ORDINANCE
o . e ity of Edmonds, Wa
On the 18th day of January, 2011; the C
=dmonds, passed Ordinance No. 3834, A
)f said ordinance; consisting of the title, pr
4N ORDINANCE OF. THE CITY OF EDM
AMENDING THE PROVISIONS OF. THE I
I of the City of
of the content
REVOCATION ORS SUSPENSIONIAMLNutNU AMENDING N4,72.060
SECTION
4.72.010 DE NI11 N T DEFINE 'DAY BY ADDING A NEW
SUBSECTION E, AND. FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE
The full text of this Ordinance will be mailed upon request.
DATED this 19th day of January 2011.
CITY Published: January 23, 2011. CLERK, SANDRA S. CHASE
JAH S toll
The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of
THE HERALD, a daily newspaper printed and published in the City of Everett, County of
Snohomish, and State of Washington; that said newspaper is a newspaper of general
circulation in said County and State; that said newspaper has been approved as a legal
newspaper by order of the Superior Courtof Snohomish County and that the notice
Summary of Ordinance NO.3834
a printed copy of which is hereunto attached, was published in said newspaper proper and not in
supplement form, in the regular and entire edition of said paper on the following days and
times, namely_
January 23, 2011
and that said newspaper was
Subscribed and sworn to before me this
day of Jant&dry, 2011
in and
its subscribers during all of said period.
24th
esi'M—ng at Everekt;.Snoho
Account Name: City of Edmonds Account Number: 101416 Order Number. 0001725008