HomeMy WebLinkAbout2019-030 Business License Denial, Revocation or Refusal to Renew, YMC Amendment 5.01.06AN ORDINANCE
ORDINANCE NO. 2019-030
amending the City of Yakima Municipal Code Section 5.01.06 entitled
Business license —Denial, revocation, or refusal to renew —Grounds —
Appeals
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 5.01.060 of the City of Yakima Municipal Code is hereby amended
to read as follows:
5.01.060 Business license —Denial, revocation, or refusal to renew —
Grounds —Appeals.
A. The code administration manager, or his or her designee, has the power and
authority to deny, revoke or refuse to renew any business license issued under the
provisions of this title in order to further the public interest in public health, safety and
welfare. The code administration manager, or his or her designee, shall provide notice to
said licensee in writing by certified mail of the denial or revocation of, or refusal to renew,
his or her license and on what grounds such a decision was based. The code
administration manager may deny, revoke or refuse to renew any license issued under
this title upon a finding that any applicant, licensee, owner, or any officer or agent
thereof:
1. Has omitted to disclose any material fact necessary to make a statement not
misleading in any application for the license; or
2. Has charges pending against her/him or has been convicted of a crime or
offense that directly relates to the activity for which the license is required, and the
time elapsed since the date of conviction or release from jail or prison, whichever is
more recent, is less than ten years; or has been convicted of several crimes
including at least one within the last ten years; provided, however, that any licensee
whose license is revoked because of charges pending against her/him may engage
in the activity for which the license is required, pending a final decision on the
charges; or
3. Has been subject to an adverse finding in any judgment or order which directly
relates to the activity for which the license is required in any judicial or administrative
proceeding in which fraud, deceit, coercion, breach of trust, unfair method of
competition, unfair or deceptive trade act or practice, or assertion of unconscionable
contractual provisions, or other similar act, practice, or conduct, on the part of the
licensee -applicant is proven, and the time elapsed since the judgment or order is
less than ten years; or
4. Has violated or failed to comply with any applicable provisions of this code or
rule or regulation prescribed under this title; provided, that failure to obtain a license
shall not be grounds for license denial; or
5. Is in default in any payment of any fee, assessment, or tax required under YMC
Title 3 or 5, or required under any parking and business improvement area
established pursuant to RCW 35.87A; or
6. Has been subject to an adverse finding in any judgment or order in any judicial
or administrative proceeding for violation of any provision of a city ordinance or rule
or regulation prescribed thereunder pertaining to fire, building, health, sanitation,
zoning, weights and measures, consumer protection, environmental protection, or
any other ordinance or law and that is applicable to the licensed activity or licensed
premises; or
7. Has been determined to have discriminated against any person because of race,
color, age, sex, marital status, sexual orientation, gender identity, political ideology,
creed, religion, ancestry, national origin, or the presence of any sensory, mental, or
physical handicap in the course of licensed activity, in violation of a city ordinance,
law, rule or regulation prescribed thereunder; or
8. Has violated or failed to comply with any final order of the code administration
manager or hearing examiner; or
9. Has failed to complete the application for a license as required by this code; or
10. Has failed to obtain a license or permit required by state or other law necessary
to engage in the licensed activity; or
11. Has failed to comply with RCW Chapters 49.12 and 28A.28, and rules and
regulations promulgated pursuant thereto, regarding employment of minors; or
12. Any licensee has permitted or authorized his/her agent to violate or fail to
comply with any provision of this code; or
13. The property at which the business is located has been determined by a court
to be a chronic nuisance property as provided in YMC Chapter 11.45.
B. No license issued under YMC Title 5 shall be revoked, denied or refused renewal by
the code administration manager except in accordance with the procedure and on the
grounds provided in this title. Parties aggrieved by the code administration manager's
decision to revoke, deny or refuse renewal of a license issued under this title shall have
the same opportunity for appeal, under the same procedure as is described in YMC
5.52.120.
The period of denial, revocation or nonrenewal shall be at least one year, and the
licensee or any person (as defined in YMC 5.52.020) in which the licensee is a principal
shall not again be licensed during such period.
C. Appeals. The applicant may appeal the decision of the code administration
manager to deny, revoke or refuse to renew a business license. An appeal of the
administrative official's decision shall be to the legislative body in accord with the
process and procedure set forth in YMC 15.16.040 and 15.16.050. Decisions of the
legislative body may similarly be appealed to the Yakima County superior court in accord
with the process and procedure set forth in YMC 15.16.060.
The filing of an appeal shall not stay any actions of the administrative official denying,
revoking or refusing to issue a business license associated with the business license
decision being appealed. (Ord. 2010-18 § 2, 2010).
Section 2. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 17th day of September,
2019.
ATTEST: Kathy Co
Sonya CIaar'Tee, City Clerk 4.
Publication Date: September 20, 20119:L'=;;.;;''
Effective Date: October 20, 2019
1
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 11.
For Meeting of: September 17, 2019
Ordinance amending the City of Yakima Municipal Code Section
5.01.06 relating to business license denial, revocation, or refusal to
renew
SUBMITTED BY: Ryan Bleek, Assistant City Attorney
SUMMARY EXPLANATION:
This ordinance is a proposed change to Yakima Municipal Code Chapter 5.01.060 which
addresses the grounds upon which the code administration manager may deny, revoke, or refuse
to renew a business license.
The purpose of the proposed change is to expand the Code Administration Manager's authority
to provide the City with an additional enforcement tool to recover delinquent assessments owed
pursuant to parking and business improvement areas.
ITEM BUDGETED:
NA
STRATEGIC PRIORITY: Public Trust and Accountability
APPROVED FOR
SUBMITTAL:
Interim City Manager
STAFF RECOMMENDATION:
Pass ordinance
BOARD/COMMITTEE RECOMMENDATION:
The Economic Development Committee endorsed the change and recommended referral to the
full Council for consideration.
ATTACHM ENTS:
Description
D ordinance - YM: 5 revising business license
Upload Date
Type
/30/ 019 :rdinance
2
requirements -track change
Orr,TharEE- VIMC 5 01 OE revising business liccnsc
31332019 Crdnancn
requirroicols-chaoges dui:plod