Chapter 6.01
GENERAL LICENSING PROVISIONS

Sections:

6.01.010    Definitions.

6.01.020    License or permit required.

6.01.030    Authority and duties of the licensing authority.

6.01.040    Application - Procedures - General.

6.01.045    Application - Form and content.

6.01.046    Application - Photographs or fingerprinting requirements.

6.01.047    Investigation required.

6.01.050    Fees.

6.01.060    Public notice and comment.

6.01.070    Protest by public officials.

6.01.075    Licensing authority to issue license or permit.

6.01.080    Forms, terms of license, duplicate.

6.01.100    Renewal.

6.01.110    Display, change of name.

6.01.111    Disclaimer.

6.01.120    Inspections - Right of entry.

6.01.130    Enforcement.

6.01.135    Notice and order.

6.01.140    Procedure for suspension, revocation.

6.01.141    Grounds for suspension.

6.01.142    Grounds for revocation.

6.01.151    Appeals - Procedure.

6.01.170    Death or incapacity of licensee.

6.01.180    Limitation of transfers and reapplications.

6.01.185    Effect of facilities licensing agreement.

6.01.190    Liability insurance.

6.01.200    Bond.

6.01.210    Civil penalty.

6.01.220    Criminal penalties.

6.01.225    Public nuisance.

6.01.226    Remedies not exclusive.

6.01.230    Applicability of amendments.

6.01.240    Severability.

6.01.010 Definitions.

In this title, the words and phrases used, unless the context otherwise indicates, shall have the following meanings:

(1) "Abatement" means the termination of any license or permit violation by lawful and reasonable means as determined by the licensing authority or his/her duly appointed representative.

(2) "Applicant" means any person who is applying for a license or permit issued pursuant to any license or permit ordinance.

(3) "Application" means any form designed by the licensing authority for use in securing a new license or permit or on a renewal basis.

(4) "Bath" means any container, receptacle, or facility used for refreshing, washing or soaking all or any part of the human body. The term includes, but is not limited to, a Finnish bath, hot tub, Japanese bath, sauna, Swedish bath, Turkish bath, and baths provided by air, steam, vapor, water, or electric cabinet.

(5) "Business premises" means the entire building in which an activity or business is located together with the entire tract of land under one ownership upon which the building is located.

(6) "Carnival" means every device, institution or assemblage of devices or institutions for the purpose of providing entertainment, amusement, sport, pastime or merriment for the patrons thereof and shall include roller coaster, merry-go-rounds, swings, Ferris wheel, games of shooting, throwing, pitching, phenomenal exhibitions or everything of like character.

(7) "Circus" means any institution whose general occupation is that of exhibiting wild animals, feats, horsemanship, animal stunts, acrobatic or aquatic sports for admission to which a fee is charged.

(8) "County" means Snohomish County.

(9) "Engaged in business" means, includes, and has reference to a particular occupation or continuing course of commercial activity in which a person is regularly or habitually engaged for the purpose of livelihood or gain.

(10) "Entertainment" means any act or event causing amusement, diversion or the agreeable passing of time.

(11) "Examiner" means the county hearing examiner or other hearing examiner appointed by the Snohomish County council.

(12) "Fire marshal" means the Snohomish county fire marshal or any of his authorized representatives.

(13) "Float" means (1) with respect to boating tournaments or exhibitions, any anchored man-made structure unattached to the shore where any vessel may dock; or (2) with respect to parades, a low, flat, decorated vehicle for carrying exhibits, tableaux, etc. in a parade.

(14) "Health officer" means the health officer or any authorized representative of the Snohomish health district.

(15) "Idling speed" means that speed of any motorboat while underway while its propulsion machinery is set at the machine’s slowest possible speed.

(16) "Length" as it refers to vessels means the overall distance measured in a straight line parallel to the centerline from the foremost part of the vessel to the aftermost part of the vessel, excluding bowsprits, bumpkins, rudders, outboard motors and brackets, and similar fittings and attachments.

(17) "License" means any document issued by the licensing authority which authorizes a person, to conduct an activity in Snohomish county as provided by this title.

(18) "Licensee" means any person to whom a license or renewal of license has been issued pursuant to this title.

(19) "Licensing authority" means the duly elected auditor of Snohomish county or any duly authorized representative.

(20) "Massage" means the treatment of a human body by another person by rubbing, kneading, hitting or any other manipulation, including the use of equipment, machinery, or appliances in connection with the foregoing.

(21) "Massage parlor" means any place where massages are given or furnished for, or in expectation of, any fee, compensation or monetary consideration.

(22) "Motorboat" means any vessel underway under propulsion in whole or in part by machinery. The term shall include seaplanes while taxiing and/or while otherwise not subject to any valid state or federal law or regulation governing the operation of seaplanes.

(23) "Operator" means any person in actual physical control of any vessel.

(24) "Owner" means any person having an interest in or right of possession of any property or business, or any person having control, custody or possession of an animal.

(25) "Parade" means any march or procession consisting of people, animals, bicycles, vehicles in excess of 10 in number or combinations thereof, except wedding processions and funeral processions, upon any county road, sidewalk, alley or other county property which does not comply with normal and usual traffic, regulations or controls.

(26) "Permit" means any document issued by the licensing authority which authorizes a person to conduct an activity in Snohomish County as provided by this title.

(27) "Person" means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, limited liability company, limited liability partnership or other legal entity.

(28) "Property" means any tangible property including, but not limited to goods, wares, merchandise, animals, livestock, and land.

(29) "Public bathhouse or hot tub" means any place where baths or hot tubs of any kind are given or furnished to the public for or in expectation of a fee or other compensation.

(30) "Public bathhouse or hot tub employee" means any person who works for a public bathhouse or hot tub.

(31) "Public event/assembly" means any gathering or assembly of 100 or more persons who have been charged admission or made a contribution towards the costs of such gathering or assembly at a single place for the purpose of amusement, entertainment, education or similar common purpose. Such definition shall not include any assembly or gathering conducted for religious, political, or other constitutionally protected purpose.

(32) "Race-type boat" means any motorboat operated at a speed in excess of 35 miles per hour.

(33) "Rowboat" means a small boat propelled by the use of oars or paddles.

(34) "Run" means a sponsored, organized procession to contend in a race consisting of people, bicycles, wheelchairs, other non-motorized vehicles, or combinations thereof containing 10 or more persons upon a county road, sidewalk, alley or other county property. "Run" shall not include any training event or race participated in solely by means of a bona fide school track team or teams.

(35) "Safety buoy" means any buoy established as herein provided and constructed to conform to the State Uniform Waterway Marking System.

(36) "Safety buoy line" means the straight line between any two safety buoys or the straight line between any safety buoy and the point on the shoreline closest to such safety buoys.

(37) "Sailboat" means any vessel propelled by sail or in part by sail and in part manually.

(38) "Sheriff" means the sheriff of Snohomish county or any duly appointed deputy sheriff of Snohomish county.

(39) "Shoreline" means the land bordering any existing body of water.

(40) "Vessel" means any type of watercraft used or capable of being used as a means of marine transportation.

(41) "Visible" as it refers to the hours of darkness, means capable of being seen on a dark night with a clear atmosphere; as it refers to the daylight hours, means capable of being seen on a dull day with the atmosphere clear of fog, haze, or rain.

(42) "Water-ski" means to plane over the water with or without any floating device while being towed by any vessel. The term shall include water-skiing, freeboarding, aquaplaning and similar devices and/or activities.

(43) "Wharf" means any manmade structure attached to the shore and to which any vessel may dock.

All other terms, phrases or words not defined by this chapter shall be known by their common and ordinary meaning and usage in the English language.

(Added Ord. 83-156, § 2, December 29, 1983; Amended Ord. 86-099, § 3, November 12, 1986; Amended Ord. 86-119, § 2, January 7, 1987; Amended Ord. 87-038, § 3, June 3, 1987; Amended Ord. 87-068, § 1, July 16, 1987; Amended Ord. 87-101, § 1, November 23, 1987; Amended Ord. 90-028, April 25, 1990; Amended Ord. 91-102, July 31, 1991; Amended Ord. 94-047, § 1, June 20, 1994, Eff date July 9, 1994; Amended Ord. 96-045, § 2, June, 24, 1996, Eff date Sept. 26, 1997; Amended Ord. 97-020, § 1, May 7, 1997, Eff date July 1, 1997; Amended Ord. 97-043, § 1, June 11, 1997, Eff date June 23, 1997; Amended Ord. 97-058, § 1, July 16, 1997, Eff date July 27, 1997; Amended Ord. 02-083, December 4, 2002, Eff date December 20, 2002).

6.01.020 License or permit required.

Licenses or permits are required for regulation and control of certain businesses, occupations and activities within the unincorporated areas of the county. This title shall be deemed an exercise of the police power of the state of Washington and of the county of Snohomish to protect the public health, safety and welfare. Its provisions shall be liberally construed for these purposes.

6.01.030 Authority and duties of the licensing authority.

(1) The licensing authority is authorized to make and enforce rules and regulations, consistent with the provisions of any license/permit ordinance or state law, necessary for the performance of the purposes stated in SCC 6.01.020.

(2) The licensing authority shall have the authority to suspend or revoke any license or permit issued upon a showing of violation of any of the provisions of any license/permit ordinance; PROVIDED, HOWEVER, That such suspension or revocation shall not relieve the licensee, or permit holder, of the other penalties provided for in this chapter.

(Added Ord. 83-156, § 2, December 29, 1983; Amended Ord. 86-099, November 12, 1986; Amended Ord. 87-038, § 4, June 3, 1987).

6.01.040 Application - Procedures - General.

(1) No license or permit required by this title shall be issued unless written application has been made with the licensing authority. The licensing authority shall provide application forms for each license/permit under this chapter, which shall require such information as the licensing authority deems appropriate, in addition to the information required by the various licensing/permit provisions of this title, as now existing or hereafter amended.

(2) The applicant must complete and sign the application. If the application is for a partnership, a partner must sign and the names of the partners in full shall be given with their current residences. If the application is for a corporation, an authorized officer thereof must sign and the names of the current residences of all of the officers and directors or trustees of the corporation shall be given together with the location of the principal office or place of business of such corporation.

(3) For those licenses or permits which require an investigation, such investigation shall be conducted by the sheriff in accordance with the criteria outlined in SCC 6.01.047. The investigation shall include fingerprinting the applicant and, to the extent practicable, a full investigation of the truth of the statements in the application and all other matters which might tend to aid in the determination of whether to grant the license/ permit. The sheriff shall inform the licensing authority in writing within 30 days of receipt of the application as to the results in his investigation and his recommendation as to the disposition of the application. The sheriff may request an extension to complete his investigation of no more than 30 days, which request shall be granted upon a showing of reasonable cause.

(4) For those licenses or permits which require additional reviews or inspections for compliance with appropriate codes for building, zoning, fire and health or any other statute or regulation, each appropriate department director will, within 30 days after receipt of a copy of the application from the licensing authority, inform the licensing authority in writing of the results of their respective inspections and their recommendations as to the disposition of the application. A department director may request an extension not to exceed 30 days for the purpose of completing the review or inspection, which request shall be granted upon a showing of reasonable cause.

(5) The licensing authority, acting on behalf of the county shall approve or deny all applications for licenses or permits required hereunder.

(6) No license/permit shall be issued pursuant to the provisions of this title to the following persons:

(a) Any person who is under 18 years of age at the time of application except as may specifically otherwise be provided in this title.

(b) Any person who has been convicted of a felony or misdemeanor, excluding minor traffic violations, if the felony or misdemeanor for which he was convicted directly relates to the license sought or any activity to be conducted hereunder, and

(i) the time elapsed from the felony is less than five years from date of application; or

(ii) the time elapsed since the misdemeanor is less than three years from date of application.

This subsection shall not preclude the consideration of any prior conviction of a felony or misdemeanor as a factor in determining whether or not a license or permit should be issued.

(c) Any person who is not qualified under any specific provision of this title for any particular license/permit for which application is made.

(d) Any partnership or corporation having as a partner, member of the board of directors, corporate officer or stockholder holding over 20 percent of the stock, any one of whom does not meet the qualifications of this section.

(e) Any person whose license/permit is under suspension at the time of application for a license/permit.

(f) Any person who has had a license/ permit revoked within a period of six months prior to the date of making application for a license/ permit hereunder.

(g) Any person who at the time of application is in default in the payment of any sum due Snohomish County for any license/permit.

(h) Any person who has any outstanding penalties or fines related to any license/permit issued by Snohomish County.

(7) The licensing authority shall have discretionary authority to issue or deny a license/permit to any person who has been convicted of a felony if the felony for which convicted directly relates to the license sought or any activity to be conducted hereunder, and the time elapsed from the felony is greater than five years but less than 10 years. This subsection shall not preclude the consideration of any prior conviction of a felony or misdemeanor as a factor in determining whether or not a license or permit should be issued.

(8) No license/permit shall be issued unless the premises where the activity is to be conducted complies with the requirements of all governmental agencies, including, but not limited to, federal, state, city and county laws or ordinances relating to buildings, fire, health, sanitation, zoning, taxation, public safety, and all other requirements and conditions specifically set forth in other sections of this title. Issuance of a license/permit shall not be deemed to constitute approval or waiver of non-compliance by the applicant.

(9) The filing of an application for a license/ permit shall not give the applicant any right to engage in the activity covered prior to the issuance of a license or permit.

(10) All license applicants must present one of the following pieces of identification to the licensing authority:

(a) Driver’s license of any state or "identi-card" issued by the Washington state department of licensing pursuant to RCW 46.20.117;

(b) United States military identification;

(c) Passport.

(Added Ord. 83-156, § 2, December 29, 1983; Amended Ord. 86-099, § 6, November 12, 1986; Amended Ord. 86-119, § 3, January 7, 1987; Amended Ord. 87-038, § 5, June 3, 1987; Amended Ord. 94-047, § 2, June 20, 1994, Eff date July 9, 1994).

6.01.045 Application - Form and content.

All application forms for licenses or permit activities shall be designed by the licensing authority. Such applications shall contain at the minimum the following required items:

(1) The true name, home address, telephone number, and age of the applicant;

(2) The name, address, and telephone number of the business premises or proposed business premises if different than the response given in SCC 6.01.045(1);

(3) Whether the applicant is a sole proprietorship, partnership or corporation. If a partnership, the application shall set forth names, residence addresses and telephone numbers of all persons, whether general or limited partners, sharing in the profits of said business and the respective ownership share of each. If a corporation, it shall set forth the name, residence address and telephone number of each of its officers, directors and shareholders, and the number of shares held by each if there are fewer than 10 shareholders. It shall set forth all persons having any interest in the real or personal property at the premises, and any persons sharing in the proceeds of the business;

(4) Whether the applicant or anyone owning an interest in the business or proposed business has ever been convicted or forfeited bail to any crime, the name of the court in which the case was filed, the circumstances and the disposition of the case;

(5) If the applicant is a sole proprietorship or a partnership, stating whether the proprietor or the partners are of legal age;

(6) The principal occupation of the proprietor of the proposed business if a sole proprietorship; if a partnership, the principal occupation of all partners; and if a corporation, the principal business enterprises of such corporation;

(7) All assumed names or aliases which have been or are used by any person whose name appears on the application;

(8) Name, address and telephone number of any registered agent required under RCW 23A.08.090;

(9) Date and place of incorporation or organization;

(10) Name, address and telephone number of a person to contact in case of an emergency; and

(11) Such other information as the licensing authority may reasonably require in connection with the application.

(Added Ord. 83-156, § 2, December 29, 1983; Amended Ord. 86-099, § 7, November 12, 1986; Amended Ord. 87-038, § 6, June 3, 1987).

6.01.046 Application - Photographs or fingerprinting requirements.

If the specific license or permit requires photographs or fingerprints:

(1) Such applicants, or party signing the application, must submit to fingerprinting by the sheriff or arrangements as prescribed by the sheriff with other local law enforcement agencies, and such fingerprints shall be retained in the application file, a copy of which may be forwarded to the Washington State Patrol, Identification Section, or other agency.

(2) The licensing authority may require that applicants be photographed when applications are submitted. If the licensing authority does not do so, each applicant, or party signing the application, shall submit four 2" x 2" photographs taken within the last six months of the date of application showing three full face and one full length front-facing shot. These photographs shall be provided at the expense of the applicant. The license/permit, when issued, shall have affixed to it a photograph of the applicant, or the party signing the application, shall be posted at all times in a conspicuous place in the establishment where such license/permit is enjoyed, and shall not be tampered with in any manner.

(3) On renewal of a license/permit requiring photographs, applicants must be photographed as described in SCC 6.01.046(2). Resubmission for fingerprinting or investigation by the sheriff is in the discretion of the sheriff if no significant changes have occurred.

(Added Ord. 83-156, § 2, December 29, 1983; Amended Ord. 86-099, § 8, November 12, 1986; Amended Ord. 87-038, § 7, June 3, 1987; Amended Ord. 87-068, § 2, July 16, 1987).

6.01.047 Investigation required.

If the license or permit requires an investigation, the director shall forward to the sheriff the applicant’s application with any supporting documents. The sheriff shall investigate the following:

(1) Whether any outstanding criminal violations/charges exist.

(2) Whether any legitimate complaints exist regarding the applicant’s past business practices that would have any bearing or effect on the issuance of the license/permit under consideration.

(3) Whether the person is prohibited by law from engaging in this type of activity.

(4) Whether the application should otherwise be disapproved based upon public safety considerations.

Within 30 days following the receipt of the application from the licensing authority, the sheriff shall make a written recommendation on the issuance of the license/permit as set out in SCC 6.01.040.

(Added Ord. 83-156, § 2, December 29, 1983; Amended Ord. 86-099, § 9, November 12, 1986; Amended Ord. 87-038, § 8, June 3, 1987).

6.01.050 Fees.

(1) A fee shall be paid in full at the time of application as set out in this section. An applicant who proposes to conduct activities at more than one location shall pay a separate fee for each location for which a license may be issued. A fee is not refundable.

(2) Fees for the following licenses and permits are established as follows:

Standard License and Permit Fees

(a) Kennels, boarding facilities, animal shelters, grooming parlors, and pet shops (chapter 6.06 SCC):

(i) Private kennel-breeding: $25.00 per year;

(ii) Private kennel-non-breeding: $25.00 per year;

(iii) Commercial kennel,

(A) One-15 dogs -- $200.00 per year

(B) 16-20 dogs -- $250.00 per year

(C) 21-25 dogs -- $300.00 per year

(iv) Boarding facility:

(A) One-15 runs -- $200.00 per year

(B) 16-20 runs -- $250.00 per year

(C) 21+ runs -- $300.00 per year

(v) Animal shelter: $300.00 per year;

(vi) Grooming parlor or Pet Shop: $200.00 per year;

(vii) Combination of commercial kennel, boarding facility, or animal shelter with a grooming parlor, or pet shop -- each additional classification: $50.00 per year.

(b) Public bathhouse or hot tubs (chapter 6.47 SCC) and public bathhouse or hot tub employees (chapter 6.49 SCC):

(i) Public bathhouse or hot tub: $500.00 per year;

(ii) Public bathhouse or hot tub employee: $100.00 per year.

(c) Adult businesses and employees (chapter 6.30 SCC):

(i) Adult business location: $265.00;

(ii) Adult business employees: $115.00;

(iii) Adult business manager: $115.00.

(d) Adult entertainment dance studios and employees (chapter 6.25 SCC):

(i) Adult entertainment dance studio: $350.00 per year;

(ii) Adult entertainer: $55.00 per year;

(iii) Adult entertainment dance studio manager: $55.00 per year.

(e) Pawnbrokers and secondhand dealers (chapter 6.19 SCC) and employees (chapter 6.20 SCC):

(i) Pawnbroker: $300.00 per year;

(ii) Secondhand dealer: $250.00 per year;

(iii) Employees: $100.00 per year.

(f) Application process (chapter 6.01 SCC):

(i) Fingerprinting: actual cost;

(ii) Advertisement of application: actual cost;

(iii) Background check: actual cost.

(g) License/permit (chapter 6.01 SCC):

(i) License or permit replacement: $20.00 per reissue;

(ii) License or permit information change: $20.00 per reissue.

(h) Appeal processes of hearing examiner (chapter 6.01 SCC):

(i) Appeal filing fee -- see SCC 2.02.125(2);

(ii) Appeal document reproduction: $0.25 per page.

(Added Ord. 83-156, § 2, December 29, 1983; Amended Ord. 86-099, § 10, November 12, 1986; Amended Ord. 86-119, § 4, January 7, 1987; Amended Ord. 87-012, § 1, February 9, 1987; Amended Ord. 87-101, § 2, November 23, 1987; Amended Ord. 90-028, June 25, 1990; Amended Ord. 91-102, July 3, 1991; Amended by Amended Ord. 93-029, April 21, 1993; Amended Ord. 93-060, July 28, 1993, Eff date Aug. 9, 1993; Amended Ord. 93-077, Sept. 8, 1993, Eff date Jan. 1, 1994; Amended Ord. 94-047, § 3, June 20, 1994, Eff date July 9, 1994; Amended Ord. 96-045, § 3, June 24, 1996, Eff date Sept. 26, 1997; Amended Ord. 97-020, § 2, May 7, 1997, Eff date July 1, 1997; Amended Ord. 97-043, June 11, 1997, Eff date June 23, 1997; Amended Ord. 97-058, § 2, July 16, 1997, Eff date July 27, 1997; Amended Ord. 97-077, § 1, Aug 27, 1997, Eff date Sept. 26, 1997; Amended Ord. 97-088, § 1, Oct. 15, 1997, Eff date Oct. 31, 1997; Amended Ord. 02-083, December 4, 2002, Eff date December 20, 2002; Amended by Ord. 08-149, Nov. 24, 2008, Eff date Jan. 1, 2009; Amended by Ord. 15-005, March 18, 2015, Eff date April 2, 2015; Amended by Ord. 16-114, Dec. 14, 2016, Eff date Dec. 31, 2016).

6.01.060 Public notice and comment.

(1) Prior to the issuance of any new license or permit, the licensing authority shall publish the following information from license/permit applications in the county’s official newspaper:

(a) Name of applicant;

(b) Location of proposed business or other activity;

(c) Type license/permit requested.

A fee required under SCC 6.01.050(2) shall be paid by each applicant to cover this cost in addition to the business license/permit fees.

(2) Prior to issuance of any new license or permit, any citizen or business in Snohomish County may petition the licensing authority to consider denying the issuance of any license/permit applied for. Such petition must be submitted in writing and contain the following information:

(a) Name and address of petitioner; and

(b) The grounds and/or facts for requesting a denial of the license/permit.

(3) The licensing authority shall cause an investigation of all protests and alleged facts and may deny the license/permit if the allegations are true and are a proper cause for denial. The licensing authority shall submit a copy of any protests to the applicant in person or by certified mail who may respond thereto in writing within 10 days of receipt of such protest. If such statements are untrue or are not a proper cause for denial, the licensing authority may issue the license/permit in accordance with SCC 6.01.075.

(4) Petitions by the public must be submitted to the licensing authority within five working days following the date of publication for consideration.

(Added Ord. 83-156, § 2, December 29, 1983; Amended Ord. 86-099, § 11, November 12, 1986; Amended Ord. 87-038, § 9, June 3, 1987).

6.01.070 Protest by public officials.

The sheriff, director of planning and development services, prosecuting attorney, director of public works, fire marshal, health district director or any other county official, while an application is pending for any license/permit provided for under the provisions of this chapter, may petition the licensing authority to deny the license/permit. The petitioner shall file a copy of the petition with the licensing authority who shall promptly submit a copy of the petition to the applicant in person or by certified mail. The applicant may respond thereto in writing within 10 days of receipt of the petition. If the petition fails to set forth in detail alleged facts that show the issuance of the license/permit will result in a violation of the zoning or license/permit code, or violation of other laws, the petition shall be summarily stricken by the licensing authority and the licensing authority may direct the license/permit to be issued. If the petition does set forth such allegations, the licensing authority shall direct an investigation of said allegations and may deny the license/permit if the allegations are found to be true.

(Added Ord. 83-156, § 2, December 29, 1983; Amended Ord. 86-099, § 12, November 12, 1986; Amended Ord. 87-038, § 10, June 3, 1987; Ord. 95-004, § 19, Feb. 15, 1995, Eff date Feb. 27, 1995).

6.01.075 Licensing authority to issue license or permit.

The licensing authority shall issue the desired license or permit to the applicant if it appears that:

(1) The statements in the application are true and complete; and

(2) No valid petition has been filed by a public official or public within the prescribed time as established in SCC 6.01.060 and 6.01.070; and

(3) All necessary fees have been paid; and

(4) The requirements specified in this chapter and the chapter relating to the specific license or permit have been satisfied.

(Added Ord. 83-156, § 2, December 29, 1983; Amended Ord. 86-099, § 13, November 12, 1986; Amended Ord. 87-038, § 11, June 3, 1987).

6.01.080 Forms, terms of license, duplicate.

(1) All licenses or permits issued pursuant to any license/permit ordinance shall be in a form prescribed by the licensing authority and shall be subject to such conditions as are required by this chapter or the licensing authority.

(2) Any license/permit issued pursuant to the provisions of this title except those licenses for which a different term is specified, shall expire one year from the date of issuance unless sooner revoked in the manner provided for in this title.

(3) Any licensee/permit holder who makes a change in trade or corporate name or who loses or misplaces his license or permit or wishes to revise his license may obtain a new license or permit from the director without the necessity of submitting a new application by the payment of a fee to the director as contained in SCC 6.01.050(2), provided the license/permit has not expired.

(Added Ord. 83-156, § 2, December 29, 1983; Amended Ord. 86-099, § 14, November 12, 1986; Amended Ord. 87-038, § 12, June 3, 1987).

6.01.100 Renewal.

(1) A license/permit issued under this title, except as otherwise provided, may be renewed by the licensing authority if, upon application, it appears that the applicant meets the requirements of SCC 6.01.075.

(2) The licensing authority shall notify each license/permit holder by mail of the requirements of this section not less than 30 days prior to expiration of the outstanding license/permit.

(3) Failure to submit a renewal application and pay the appropriate fee prior to expiration of a license/permit shall, as a condition of renewal, result in assessment of a penalty in the amount of 25 percent of the regular license/permit fee or $25.00, whichever is greater.

(4) The penalty set out in this section is in addition to any civil or criminal sanctions that may be imposed for any activity, act, or conduct undertaken without a license or permit required by this title.

(Added Ord. 83-156, § 2, December 29, 1983; Amended Ord. 86-099, § 15, November 12, 1986; Amended Ord. 87-038, § 13, June 3, 1987).

6.01.110 Display, change of name.

(1) Any license or permit issued pursuant to any license/permit ordinance shall be posted in a conspicuous place at the place of business of the licensee or permit holder as prescribed by the licensing authority.

(2) A license or permit holder shall notify the licensing authority of any change in his address, business name, or in the officers, directors, or partners of such person, within 14 days of any such change and shall comply with SCC 6.01.080.

(Added Ord. 83-156, § 2, December 29, 1983; Amended Ord. 86-099, § 16, November 12, 1986; Amended Ord. 87-038, § 14, June 3, 1987).

6.01.111 Disclaimer.

No license/permit issued by Snohomish County shall be construed as an endorsement by Snohomish County, including any endorsement of any licensee or activity incidental to any licensed activity. The county assumes no liability or responsibility of any sort as a result of the issuance of any license/ permit.

(Added Ord. 83-156, § 2, December 29, 1983).

6.01.120 Inspections - Right of entry.

(1) Whenever necessary to enforce any of the provisions of this title, or whenever the licensing authority and/or sheriff has reasonable cause to believe that a licensee or permit holder is operating in violation of any provisions of this title, the licensing authority and/or sheriff may enter the place of business or other activity at all reasonable times to carry out an inspection or perform any other duty imposed by this title.

(2) The licensing authority and/or sheriff shall take the following steps in conducting an inspection:

(a) If the place of business or other activity is occupied, the licensing authority and/or sheriff shall first present proper credentials to the licensee, permit holder, or other person having control of the place of business or other activity and demand entry.

(b) If the place of business or other activity is unoccupied, the licensing authority and/or sheriff shall first make reasonable effort to locate the licensee or permit holder or other person having control of the place of business or other activity and demand entry.

(3) No licensee, permit holder, or person having control of the place of business or other activity shall fail, after proper demand, to admit the licensing authority and/or sheriff while acting within the scope of his employment to any place of business or other activity licensed or permitted under this title. No person shall interfere with the licensing authority and/or sheriff in the performance of his duty.

(Added Ord. 83-156, § 2, December 29, 1983; Amended Ord. 86-099, § 17, November 12, 1986; Amended Ord. 87-038, § 15, June 3, 1987).

6.01.130 Enforcement.

(1) The licensing authority and/or sheriff is authorized and directed to enforce the terms and provisions of all license/permit ordinances. If it is determined, through investigation, inspection, or other means that any person has failed to comply with any provision of any business license/permit ordinance, then the director may issue a notice and order under this title.

(2) The licensing authority and the sheriff shall have the right to pick up a license or permit when a license or permit has been suspended or revoked, to be held by the director where the license/permit could be used as evidence in an administrative hearing.

(Added Ord. 83-156, § 2, December 29, 1983; Amended Ord. 86-099, § 18, November 12, 1986; Amended Ord. 87-038, § 16, June 3, 1987).

6.01.135 Notice and order.

(1) The licensing authority shall issue a notice and order, pursuant to SCC 6.01.130(1), directed to the person whom the licensing authority has determined to be in violation of any of the terms and provisions of this chapter or license/permit ordinance. The notice and order shall contain:

(a) The street address, when available, and a legal description sufficient for identification of the premises upon which the violation occurred;

(b) A statement that the licensing authority has found a violation of this chapter or the terms of any license/permit ordinance, with a brief and concise description of the conditions found to be a violation of business license/permit;

(c) A statement of any action taken or required to be taken as determined by the licensing authority. If the licensing authority has determined to assess a civil penalty, the order shall so state and require that the penalty be paid within a certain time from the date of the order as determined by the licensing authority to be reasonable;

(d) A written statement of any action taken by the licensing authority;

(e) A statement that failure to comply with the instructions or remedies outlined in the notice and order will constitute sufficient grounds for suspension or revocation of the license by the licensing authority;

(f) A statement advising:

(i) that the licensee/permit holder may appeal the notice and order to the Snohomish County hearing examiner pursuant to the provisions of SCC 2.02.125 and SCC 6.01.151;

(ii) that any per diem civil penalty shall not accrue during the pendency of such administrative appeal; and

(iii) that the failure to file a timely and complete appeal will constitute a waiver of all rights to an administrative appeal under county code.

(2) The notice and order, and any amended or supplemental notice and order, shall be served upon the person either personally or by mailing a copy of such notice and order by certified mail with return receipt requested to such person at his address as it appears on the license or permit. Service by certified mail in the manner herein provided shall be effective on the date of the mailing. Proof of service of the notice and order shall be made at the time of service by a notarized verification or a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date, and manner in which service was made.

(Added Ord. 83-156, § 2, December 29, 1983; Amended Ord. 86-099, § 19, November 12, 1986; Amended Ord. 87-038, § 17, June 3, 1987; Amended Ord. 93-077, Sept. 8, 1993, Eff date Jan. 1, 1994).

6.01.140 Procedure for suspension, revocation.

(1) To suspend or revoke any license or permit, the licensing authority must issue a notice and order as prescribed in SCC 6.01.135.

(2) Failure to comply with any notice and order or the failure to appeal such action as described in SCC 6.01.135(1)(f) automatically forfeits the right of the licensee or permit holder to further administrative appeals as described in this chapter.

(3) The licensing authority may rely on statements filed by the fire marshal, prosecuting attorney, sheriff of other public official alleging facts exist which constitute grounds for suspension or revocation of a license/permit title in determining whether of not to suspend or revoke a license or permit. The licensing authority may also rely on facts and circumstances otherwise brought to his attention in determining whether or not to suspend or revoke a license or permit.

(4) The notice and order for suspension or revocation will be served as set out in SCC 6.01.135(2). Such suspension or revocation shall become effective 15 days from the date of service, unless the person affected thereby files a written appeal as authorized by SCC 6.01.151.

(5) The licensing authority shall notify the sheriff and the prosecuting attorney and any appropriate county department of any action taken by him relative to the suspension or revocation of any license/permit issued under this chapter.

(Added Ord. 83-156, § 2, December 29, 1983; Amended Ord. 86-099, § 20, November 12, 1986; Amended Ord. 87-038, § 18, June 3, 1987; Amended Ord. 93-077, Sept. 8, 1993, Eff date Jan. 1, 1994).

6.01.141 Grounds for suspension.

The licensing authority may suspend any license/permit issued under this title if there is a violation of this chapter or the applicable business license ordinance. A suspension shall be for a period of not more than 30 days for the first violation and not more than 60 days for the second or more violation within a one year period immediately preceding the event for which action is taken.

(Added Ord. 83-156, § 2, December 29, 1983; Amended Ord. 86-099, § 21, November 12, 1986; Amended Ord. 87-038, § 19, June 3, 1987).

6.01.142 Grounds for revocation.

The director may revoke any license/permit issued under this chapter if:

(1) The license/permit was issued by mistake or procured by fraud or false representation of any fact; or

(2) The licensee/permit holder has violated or failed to comply with any of the provisions of this chapter or any business license ordinance; or

(3) The licensee/permit holder, or any of his servants, agents, or employees acting within the scope of their employment, commits a felony or misdemeanor in connection with any activity conducted incidental to the license/permit or on the premises upon which a licensed/permitted activity is conducted; or

(4) The licensee/permit holder or any of his servants, agents, or employees acting within the scope of their employment, have violated any law relating to the sale or possession of intoxicating liquor; the use, possession or sale of narcotic or dangerous drugs or violated any law relating to public morality and decency; or

(5) Any licensee/permit holder has knowingly violated, or advised, encouraged or assisted the violation of any court order or injunction in the course of conducting business; or

(6) Three notice and orders have been issued to the licensee/permit holder within the previous 12 months; or

(7) The licensee/permit holder has failed or refused to obey any rule; regulation; or notice and order of the licensing authority, sheriff and/or their agent(s); or

(8) The licensee/permit holder has failed to pay all penalties or fines unless a formal appeal has been filed in compliance with SCC 6.01.151.

(Added Ord. 83-156, § 2, December 29, 1986; Amended Ord. 86-099, § 22, November 12, 1986; Amended Ord. 87-038, § 20, June 3, 1987).

6.01.151 Appeals - Procedure.

(1) Any person who has been served with a notice and order pursuant to SCC 6.01.135 or whose application for a license/permit has been denied may appeal to the hearing examiner. Appeals shall be filed and processed pursuant to the provisions of chapter 2.02 SCC.

(2) At the hearing on a notice and order appeal, the licensing authority shall have the burden of proving the violation, which burden shall be met by a preponderance of the evidence. At the hearing on an appeal from the denial of a license/permit, the appellant shall have the burden of proof, which burden shall be met by a preponderance of the evidence.

(3) The decision of the hearing examiner on any such appeal shall be final and conclusive with an optional right of reconsideration as provided in SCC 2.02.170 and may then be reviewable by an action for writ of review filed in Snohomish County superior court as provided in chapter 2.02 SCC.

(Added Amended Ord. 93-077, Sept. 8, 1993, Eff date Jan. 1, 1994; Amended Ord. 96-003, § 17, Feb. 21, 1996, Eff date April 1, 1996; Amended by Amended Ord. 16-029, May 11, 2016, Eff date May 23, 2016).

6.01.170 Death or incapacity of licensee.

In the event of the incapacity, death, receivership, bankruptcy, or assignment for benefit of creditors of any licensee/permit holder, then his guardian, executor, administrator, receiver, trustee in bankruptcy or assignee for benefit of creditors may, upon written authority from the licensing authority, continue the business of the licensee/ permit holder on the premises for the duration of the license/permit, unless sooner terminated. Any such successor wishing to continue the license shall provide information as requested by the licensing authority.

(Added Ord. 83-156, § 2, December 29, 1983; Amended Ord. 86-099, § 25, November 12, 1986; Amended Ord. 87-038, § 22, June 3, 1987).

6.01.180 Limitation of transfers and reapplications.

(1) No person may transfer a license/permit issued pursuant to this title: PROVIDED, That in the event of the withdrawal of a partner, the license/permit may be transferred to the remaining partner or partners.

(2) No reapplication for a license/permit shall be made within a period of 90 days following a denial of such license.

(3) No change shall be made in the officers, partners, board of directors, or stockholders holding over 20 percent of the stock of any licensee/ permit holder unless they comply with SCC 6.01.040(6).

(4) Unless otherwise specifically provided, no licensee/permit holder shall change location without reapplying for a license. No portion of any license fee shall be refundable.

(Added Ord. 83-156, § 2, December 29, 1983; Amended Ord. 86-099, § 26, November 12, 1986).

6.01.185 Effect of facilities licensing agreement.

A facilities licensing agreement authorizing a person to conduct an activity or event on property owned by the county shall not mitigate, excuse, or otherwise have any effect on the requirements of this title.

(Added Ord. 83-156, § 2, December 29, 1983; Amended Ord. 86-099, § 26, November 12, 1986).

6.01.190 Liability insurance.

Unless otherwise provided, such applicant for any license/permit under this title shall at all times maintain in full force and effect a policy of bodily injury/property damage liability insurance to cover said applicant, his servants, agents, or employees in the conduct of the business or activity being licensed. The certificate of insurance shall be filed with the licensing authority. The licensing authority must be given written notice in the event of cancellation of said policy either by the company or the insured.

Insurance certificates provided by any insurance company or underwriter containing the language "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" or similar language will not be acceptable.

(Added Ord. 83-156, § 2, December 29, 1983; Amended Ord. 86-099, § 28, November 12, 1986; Amended Ord. 87-038, § 23, June 3, 1987).

6.01.200 Bond.

Unless otherwise provided, the applicant for any license/permit under this title shall at all times maintain in full force and effect any bonding requirements set forth by any license/permit ordinance. A bond shall be filed with the licensing authority with written endorsements that the licensing authority must be notified in writing in the event of cancellation by either the bonding agency or the licensee/permit holder.

(Added Ord. 83-156, § 2, December 29, 1983; Amended Ord. 86-099, § 29, November 12, 1986; Amended Ord. 87-038, § 24, June 3, 1987).

6.01.210 Civil penalty.

In addition to or as an alternative to any other penalty provided herein or by law, any person who engages in any activity for which a license or permit is required pursuant to the provisions of this title while his or her license is suspended or revoked, who fails to obtain a license or permit prior to engaging in the activity for which a license or permit is required, or who otherwise violates any license or permit law shall pay a civil penalty of $100.00 per day for the first violation, $250.00 per day for the second violation, and $500.00 per day for the third violation and any further violations of this title. The civil penalty may be assessed and collected by use of all appropriate legal remedies, including the procedures set out in SCC 6.01.135. Chapter 10.70 SCC does not apply to the civil penalty imposed by this section.

(Added Ord. 83-156, § 2, December 29, 1983; Amended Ord. 86-099, § 30, November 12, 1986; Amended by Amended Ord. 12-111, Jan. 9, 2013, Eff date March 1, 2013; Amended by Ord. 16-114, Dec. 14, 2016, Eff date Dec. 31, 2016).

6.01.220 Criminal penalties.

(1) Except as otherwise specifically provided in this title, any person violating or failing to comply with any of the provisions of this title shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in any sum not exceeding $1,000 or by imprisonment in the county jail for a period not exceeding 90 days, or both. Each day that any person conducts any business, calling, profession, trade, occupation or activity in violation of any provision of this chapter shall constitute a separate offense and be punished as such.

(2) This section shall not apply to violation of:

(a) SCC 6.06.007, relating to licenses for private kennels and other facilities; or

(b) SCC 6.06.015, relating to licenses for commercial kennels and other facilities.

(Added Ord. 83-156, § 2, December 29, 1983; Amended Ord. 86-099, § 31, November 12, 1986; Amended by Amended Ord. 12-111, Jan. 9, 2013, Eff date March 1, 2013).

6.01.225 Public nuisance.

Any activity, act, or conduct undertaken without a license or permit required by this title constitutes a public nuisance and such activity, act, or conduct may be abated by the licensing authority or sheriff by securing an appropriate order from the court.

(Added Ord. 83-156, § 2, December 29, 1983; Amended Ord. 86-099, § 32, November 12, 1986; Amended Ord. 87-038, § 25, June 3, 1987).

6.01.226 Remedies not exclusive.

The remedies for violation of this title set out in this title are not exclusive.

(Added Ord. 83-156, § 2, December 29, 1983; Amended Ord. 86-099, § 33, November 12, 1986).

6.01.230 Applicability of amendments.

The adequacy of applications for licenses or permits filed before the effective date of any amendments to this title shall be determined by the provisions in effect on the date of filing such application. All applications filed after the effective date shall be processed in accordance with the terms of the amendments. Any license/permit issued under prior provisions of the Snohomish County Code shall be subject to all provisions of this title, as amended, which are not in conflict with the express terms of any such license/permit.

(Added Ord. 83-156, § 2, December 29, 1983; Amended Ord. 86-099, § 34, November 12, 1986).

6.01.240 Severability.

Should any section, subsection, paragraph, sentence, clause or phrase of any license/permit ordinance be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of such license/permit ordinance.

(Added Ord. 83-156, § 2, December 29, 1983; Amended Ord. 86-099, § 35, November 12, 1986).