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HomeMy WebLinkAboutO-1701 - Adds Sec. 5.02.045; amends Sec. 5.02.050, 5.02.060, 5.02.070(b) and 5.02.110, business licenses; repeals Sec. 5.02.030(7), 5.02.040(d) and (e) and 5.02.120 (Repealed by 3101)<<, CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO.i't 0 I AN ORDINANCE OF THE CITY OF MARYSVILLE AMENDING CHAPTER 5.02 OF THE MARYSVILLE MUNICIPAL CODE RELATING TO BUSINESS LICENSES BY REPEALING SECTIONS 5.02.030(7),, p.02.040(d)AND (e),AND SECTION 5.02.120;AND AMENDING \ECTIONS 5.02.050,5.02.060,5.02.070(b)AND 5.02.110. THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS: section 1.The following sections of Chapter 5.02 of the Marysville Municipal Code are hereby REPEALED: 5.02.030(7) 5.02.040(d) 5.02.040(e) 5.02.120 section 2.A new section 5.02.045 of the Marysville Municipal Code is hereby enacted to provide as follows: 5.02.045.Procedures for Issuance or Denial of License.After receiving a complete application for a business license the city shall follow the following procedures: (a)The City Clerk shall forward copies of the application to appropriate city officials for their comments regarding compliance with regulations under their jurisdiction.The city Clerk shall consider all materials and comments submitted and shall issue or deny the license within ten (10)working days after the date on which a completed application was filed unless the applicant agrees to an extension of said time period in writing. (b)A business license may only be denied by the City Clerk on one or more of the following grounds: (1)If the business or the premises on which it is located do not comply with all applicable regulatory codes of the city,the Snohomish Health District and the State of Washington. (2)If the application is incomplete or if it contains any material misrepresentation. (3)If the application does not propose ORDINANCE - 1 adequate measures for the protection of pUblic health,safety and welfare in terms of pedestrian and vehicular traffic control,security,avoidance of pUblic nuisances and avoidance of consumer fraud. (c)If the City Clerk denies a license,written notice of said denial,stating the reasons therefor, shall be sent to the applicant within one (1)working day thereafter.The applicant shall have a period of ten (10)working days after the date of license denial to appeal the same to the city council.Upon receiving written notice of appeal the City Council shall hold a pUblic hearing within 21 days thereafter to consider, de novo,whether to issue or deny the license.The applicant shall be given not less than seven (7)days' advance written notice of the hearing.The decision of the City Council shall be announced at the conclusion of the hearing and shall be final,subject only to a petition for Writ of certiorari being filed with the Snohomish County superior Court within 14 days following the date of the City council's decision. section 3.section 5.02.050 of the Marysville Municipal Code is hereby amended to provide as follows: Term of License.All business licenses issued pursuant to the provisions of this chapter shall be valid for a period of one (1)year after the receiving date is stamped on the application at city Hall;all renewals thereafter shall be for a period of one (1)year commencing on the anniversary of said receiving date. section 4.section 5.02.060 of the Marysville Municipal Code is hereby amended to provide as follows: Procedure for Renewing Licenses.All business licenses issued pursuant to the provisions of this chapter may be renewed by following the procedures specified above for original applications;provided,that application forms for renewals may be abbreviated by only requesting updated or changed information. section 5.section 5.02.070(b)of the Marysville Municipal Code is hereby amended to provide as follows: (b)There shall be assessed a late payment penalty of $20.00 for each 30 days of delinquency after a license fee or renewal fee is due.This penalty shall be added to the license fee. section 6.Section 5.02.110 of the Marysville Municipal ORDINANCE - 2 Code is hereby amended to provide as follows: 5.02.110.Suspension or Revocation of Licenses. (a)The city Council may,at any time,suspend a business license whenever the licensee,or any manager, officer,director,agent or employee of the licensee, has caused,permitted or knowingly done any of the following: (1)Failed to keep the building structure or equipment of the licensed premises in compliance with the applicable health,building,fire or safety laws,regulations or ordinances in a way which relates to or affects public health or safety on the business premises. (2)Failed to comply with the standards of conduct specified in section 5.02.090 above. Such suspension shall remain in effect until the conditions causing the suspension are cured and reasonable measures are taken to ensure that the same will not reoccur,as determined by the City council. (b) business grounds: The city council may,at any time,revoke a license on anyone or more of the following (1)Whenever the city learns that the licensee or any manager,Officer,director,agent or employee of the licensee made a material false statement or representation,or failed to disclose any material information to the city,in con- nection with any application for a business license or any renewal thereof. (2)Whenever the licensee or any manager, officer,director,agent or employee of the licensee fails within a reasonable time to cure a condition that caused a license suspension. (3)Whenever the licensee or any manager, officer,director,agent or employee of the licensee knowingly permits conduct on the licensed premises that violates any federal,state or city law or ordinance. (4)Whenever the licensee or any manager, officer,director,agent or employee of the licensee knowingly engages in unfair or deceptive acts or practices in the conduct of the business. ORDINANCE - 3 (5)Whenever operation of the business constitutes a public nuisance which endangers persons or property. (c)Whenever the city Clerk determines that there is probable cause for suspending or revoking a business license,the Clerk shall notify the licensee by registered or certified mail,return receipt requested, of such determination.Notice mailed to the address on the license shall be deemed received three (3)days after mailing.The notice shall specify the proposed grounds for suspension or revocation.The notice shall also specify that a hearing shall be conducted by the City council at a time and date denominated in the notice,not more than 21 days thereafter,to determine whether or not the license should be suspended or revoked.The notice shall be mailed to the licensee at least five (5)days prior to the date set for the hearing.The licensee may appear at the hearing and be heard in opposition to such suspension or revocation. The decision of the City council shall be announced at the conclusion of the hearing and shall be final, sUbject only to a petition for writ of certiorari being filed with the Snohomish County Superior Court within 14 days following the date of the city Council's decision. Severability.If any section or subsection of this ordinance is adjudicated to be invalid,such shall not affect the validity of any section or subsection not so adjudged. PASSED by the City council and APPROVED by the Mayor this fa oft.day of --:::rt:<,,-'L ,1989. CITY OF MARYSVILLE YOR Attest: B~~RK Approved as to form: ORDINANCE - 4 Date of PUblication:to -I tf -89 Effective Date (5 days after pUblication): ORDINANCE - 5