Chapter 5.56
REVOCATION OF BUSINESS LICENSES

Sections:

5.56.010    Revocations of business license.

5.56.020    City Council or City Manager immediate revocation of business license.

5.56.030    City Manager nonimmediate revocation of business license.

5.56.010 Revocations of business license.

A. Notwithstanding the specific provisions applicable to particular licenses or permits in this title, the City may revoke any license or permit issued under this title after it has been issued, when any one or more of the following grounds are found to exist:

1. Illegal issuance of the permit or license.

2. Issuance of the permit or license without authority or power.

3. Issuance under an unauthorized ordinance or under an ordinance illegally adopted.

4. Issuance in violation of an ordinance.

5. When the business license or permit was procured by fraud or false representation of facts.

6. When issued through mistake or inadvertence.

7. When the license or permit application contains false or misleading statements, evasions or suppression of material facts.

B. Other grounds for revocation in addition to those stated in subsection (A) of this section are as follows:

1. Substantial violations of the terms and conditions on which a license or permit is issued.

2. Violation of ordinances or laws authorizing or regulating the license or permit, or regulating the business activity or purpose for which the license or permit is issued.

3. Conviction of infractions of or offenses under such an ordinance or law.

4. Wrongful behavior of a substantial character and of a public concern in relation to the licensed activity.

5. When reasonably necessary in the interests of protection of the public health, safety, peace or welfare. [Ord. 2023-8 § 1, 2023; Ord. 1622, 1987.]

5.56.020 City Council or City Manager immediate revocation of business license.

Before any such license or permit shall be canceled or revoked for any of the grounds set forth in SMC 5.56.010, the holder of such license or permit shall be given two weeks’ notice of a hearing to be held by the City Council at which time the holder of such license or permit must show cause why such license or permit should not be revoked. The notice to be given to the holder of such license or permit must state the grounds and the reasons for the forfeiture, cancellation and/or revocation, and must also state the date on which the hearing is set. Provided, however, the City Manager may immediately revoke the license or permit of any business or activity for any of the grounds set forth in SMC 5.56.010(A), when any such license or permit has been issued for a period of less than 72 hours, and any such determination by the City Manager shall be deemed conclusive unless the holder of the license or permit appeals to the City Council within five calendar days of the notice of revocation. Pending any such appeal to the City Council, the license or permit shall remain revoked. [Ord. 2023-8 § 2, 2023.]

5.56.030 City Manager nonimmediate revocation of business license.

A. Any license issued under this title may be revoked based on one or more of the grounds set forth in SMC 5.56.010.

B. The City Manager shall have the power and authority to revoke any license issued under the provisions of this title. The City Manager shall notify such licensee in writing by certified mail or personal service of the revocation of his or her license application or license and the grounds therefor.

C. Any applicant or licensee may, within 14 calendar days from the date that the denial or revocation notice was mailed to, or personally served on, the licensee, appeal from such denial or revocation by filing a written notice of appeal setting forth the grounds therefor with the Hearing Examiner pursuant to Chapter 2.46 SMC. A filing fee as set forth in Chapter 2.02 SMC shall be submitted with the appeal, which filing fee is required to process the appeal. The hearing shall be conducted in accordance with the procedures for hearing contested cases set out in Chapter 2.46 SMC. After the hearing thereon the Hearing Examiner shall, after appropriate findings of fact, and conclusions of law, affirm, modify, or overrule the revocation and order reinstatement of the license, and may impose any terms thereupon.

D. No revocation of a license issued pursuant to the provisions of this chapter shall take effect until 14 calendar days after service of the notice thereof by the City Manager, and if the appeal is timely filed, the renewal or revocation shall be stayed pending final action by the Hearing Examiner. All licenses which are revoked shall be surrendered to the City on the effective date of such revocation.

E. The decision of the Hearing Examiner shall be final. The licensee and/or the City may seek review of the decision by the Superior Court of Washington in and for Yakima County within appeal period as set forth in SMC 2.72.010. If review is sought as herein prescribed the renewal or revocation shall be stayed pending final action by the Superior Court.

F. When revoked, the license shall be canceled and immediately surrendered to the City Manager or his or her designee. Upon revocation of any license as provided in this chapter no portion of the license fee shall be returned to the licensee.

G. Upon revocation, the person whose license was revoked shall not be granted a license for a business, upon any new application that may be made, for a period of 90 calendar days from date of revocation and further, no license shall be issued until such person cures any defaults that resulted in the revocation. [Ord. 2023-8 § 3, 2023.]