Chapter 5.04 BUSINESS LICENSES GENERALLY

The following definitions shall apply in construing the provisions of this chapter, except where otherwise declared or clearly apparent from the context:

A. “Business” means any and all activities, occupations, trades, pursuits or professions located and/or engaged in, within the city of Zillah, with the object of gain, benefit, or advantage (directly or indirectly) to the person, association or entity.

B. “City” means the city of Zillah.

C. Engaging in Business.

1. The term “engaging in business” means commencing, conducting, or continuing in business, and also the exercise of corporate or franchise powers, as well as liquidating a business when the liquidators thereof hold themselves out to the public as conducting such business.

2. This definition sets forth examples of activities that constitute engaging in business in the city, and establishes safe harbors for certain of those activities so that a person who meets the criteria may engage in de minimis business activities in the city without having to pay a business license fee. The activities listed in subsection (C)(3) of this section are illustrative only and are not intended to narrow the definition of “engaging in business” in subsection (C)(1) of this section. If an activity is not listed, whether it constitutes engaging in business in the city shall be determined by considering all the facts and circumstances and applicable law.

3. Without being all-inclusive, any one of the following activities conducted within the city by a person, or its employee, agent, representative, independent contractor, broker or another acting on its behalf, constitutes engaging in business and requires a person to register and obtain a business license.

a. Owning, renting, leasing, maintaining, or having the right to use, or using, tangible personal property, intangible personal property, or real property permanently or temporarily located in the city. For the purpose of this chapter, the leasing or renting of two or more residential units (apartments, houses or other dwellings) shall also be considered to be a business and all units must abide by the Residential Landlord-Tenant Act (Chapter 59.18 RCW) for health and safety.

b. Owning, renting, leasing, using, or maintaining an office, place of business, or other establishment in the city.

c. Soliciting sales.

d. Making repairs or providing maintenance or service to real or tangible personal property, including warranty work and property maintenance.

e. Providing technical assistance or service, including quality control, product inspections, warranty work, or similar services, on or in connection with tangible personal property sold by the person or on its behalf.

f. Installing, constructing, or supervising installation or construction of real or tangible personal property.

g. Soliciting, negotiating, or approving franchise, license, or other similar agreements.

h. Collecting current or delinquent accounts.

i. Picking up and transporting tangible personal property, solid waste, construction debris, or excavated materials.

j. Providing disinfecting and pest control services, employment and labor pool services, home nursing care, janitorial services, appraising, landscape architectural services, security system services, surveying, and real estate services, including the listing of homes and managing real property.

k. Rendering professional services such as those provided by accountants, architects, attorneys, auctioneers, consultants, engineers, professional athletes, barbers, baseball clubs and other sports organizations, chemists, psychologists, court reporters, dentists, doctors, detectives, laboratory operators, teachers or veterinarians.

l. In-store stocking or manipulating products or goods, sold to and owned by a customer, regardless of where sale and delivery of the goods took place.

m. Delivering goods in vehicles owned, rented, leased, used, or maintained by the person or another acting on its behalf.

4. If a person, or its employee, agent, representative, independent contractor, broker or another acting on the person’s behalf, engages in no other activities in or with the city but the following, it need not register and obtain a business license:

a. Meeting with suppliers of goods and services as a customer.

b. Meeting with government representatives in their official capacity, other than those performing contracting or purchasing functions.

c. Attending meetings, such as board meetings, retreats, seminars, and conferences, or other meetings wherein the person does not provide training in connection with tangible personal property sold by the person or on its behalf. This provision does not apply to any board of directors, member or attendee engaging in business, such as a member of a board of directors who attends a board meeting.

d. Renting tangible or intangible property as a customer when the property is not used in the city.

e. Attending, but not participating in, a trade show or multiple vendor events. Persons participating at a trade show shall review the city’s trade show or multiple vendor event ordinances.

f. Conducting advertising through the mail.

g. Soliciting sales by phone from a location outside the city.

5. A seller located outside the city merely delivering goods into the city by means of common carrier is not required to register and obtain a business license; provided, that it engages in no other business activities in the city. Such activities do not include those in subsection (C)(4) of this section.

The city expressly intends that “engaging in business” includes any activity sufficient to establish nexus for purposes of applying the license fee under the law and the constitutions of the United States and the state of Washington. Nexus is presumed to continue as long as the taxpayer benefits from the activity that constituted the original nexus generating contact or subsequent contacts.

D. “Home occupation” means an accessory use of a residence for a business conducted only by residents of the dwelling and as authorized by ZMC 17.22.080, Home occupations.

E. “Person” shall mean any individual, firm, partnership, company, corporation, limited liability company, association, administrator, executor, receiver, municipal corporation, political subdivision of Washington State, assignee, trustee in bankruptcy, trust, estate, joint venture, club, joint stock company, business trust, society, or any group of individuals acting as a unit.

F. “Premises” means and includes all lands, structures and places, and also any personal property which is either affixed to, or is otherwise used in connection with, any business conducted on such premises.

G. “City administrator” means the Zillah city administrator or his/her appointed designee.

H. “Certificate of inspection” means a document provided by a qualified inspector certifying that the subject property contains no conditions that substantially endanger tenants or otherwise impair the health or safety of the tenant as more particularly outlined in RCW 59.18.115(2)(a).

I. “Residential rental unit” shall mean any building or any portion of a building in which a person resides in which money or other goods or services are paid or provided to the owner of such building, the owner’s authorized representative or another tenant and which may include, but not be limited to, the following types of rental units:

1. “Dwelling, multifamily, including garden apartment” shall mean a building or portion thereof containing or designed to contain three or more separate dwelling units with or without common access facilities.

2. “Dwelling unit” shall mean a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. All rooms comprising a dwelling unit shall have access through an interior door to other parts of the dwelling unit.

3. “Rooming house,” including a boarding, lodging or tourist home, shall mean a building other than a multifamily dwelling containing not more than one dwelling unit occupied by a family and providing, for compensation or other consideration, rooming units for the lodging in addition to the owner.

4. “Rooming unit” shall mean a room or rooms constituting a separate, independent housekeeping unit that is physically separated from any other room, dwelling unit, or rooming unit in the same structure. The rooming unit shall contain living and sleeping facilities, but not cooking or eating facilities, and shall be occupied by no more than one family.

5. “Townhouse” shall mean dwelling units attached to each other by party or common walls, with each unit having individual access and rear common or private garden orientation.

J. “Tenant” means a person who occupies a rental unit for which said person pays money or otherwise compensates the landlord.

K. “Business Licensing Service” or “BLS” means the office within the Washington State Department of Revenue providing business licensing services to the city. (Ord. 1515 § 1, 2020; Ord. 1475 § 1, 2018)

5.04.020 Business license required.

A. No person may engage in any business or activity in the city of Zillah for which a license is required by this chapter without first having obtained and being the holder of a valid city business license. A business license will not be issued without paying the city business license fee, handling fees, and any penalty imposed by this chapter. Any person or entity engaging in business activity in the city must also obtain any and all other permits and licenses for such business as required by federal, state, and local laws.

B. A person that conducts their business at multiple physical locations in the city must obtain a separate license for each such location, provided a person conducting multiple activities at one location need only obtain one license for that location.

C. If two or more persons each operate their own business at the same location, each such person must obtain their own license for their respective business. (Ord. 1515 § 1, 2020; Ord. 1475 § 2, 2018)

5.04.025 Rental operating license required and fee.

No landlord/person may operate two or more residential rental units in the city unless he/she has obtained a current rental operating license for the specified rental unit for the current license period. Rental operating licenses shall be required and issued on a 12-month basis, but which term may be prorated as needed in accordance with ZMC 5.04.070. Every person engaged in residential rental operations must pay a city license fee in accordance with the city of Zillah’s most recently adopted rates ordinance in effect at the time of a complete application. Anyone required to obtain and pay for a rental operating license as stated above, and not conducting any other commercial activities other than residential dwelling unit rentals, is not required to obtain and pay for a city business license in addition to this rental operating license. (Ord. 1515 § 1, 2020; Ord. 1475 § 3, 2018)

5.04.030 Exemptions from rental operating licensing.

The following property uses shall be exempt from rental operating licensing:

A. Retail/commercial/industrial rental activities.

B. Licensed nursing homes.

C. Licensed assisted living facilities. (Ord. 1515 § 1, 2020; Ord. 1475 § 4, 2018)

5.04.035 Exemptions.

The provisions of this chapter shall not apply to the following, except as otherwise provided in this section:

A. Nonprofit organizations as deemed tax exempt by the federal Internal Revenue Service under a provision of 26 U.S.C. Section 501(c). The city of Zillah may require written verification of such tax-exempt status.

B. Any municipal corporation or political subdivision of the United States of America or the state of Washington.

C. Fraternal benefit societies as defined by RCW 48.36.010, and fraternal mutual property insurers as defined by RCW 48.36.410.

D. Any person, firm or corporation that is exempt from local taxation under the laws of the United States or the state of Washington. The city of Zillah may require written verification of exempt tax status.

E. Any religious organization or church or other religious assemblage when conducting only their core religious activities consistent with their purpose of existence. Any such religious organizations conducting other business activities in addition to their core religious purposes are subject to the full business licensing requirements of this chapter for such other business activities.

F. Any charitable or fund-raising organization/group for which the fund-raising has a charitable or nonprofit purpose. The city of Zillah may require written verification of federal and/or state nonprofit status.

G. Any suppliers that do not have a place of business in the city and engage solely in wholesale activities and delivery to locally licensed retailers.

H. Vendors participating in a community event for which a special event license has been issued to the event sponsor. This does not include limited license mobile food vendor under ZMC 8.32.050, or as it may be amended.

I. Any person or entity or organization that does not maintain a place of business in the city and engages solely in the sale of goods by mail delivery through catalog, internet sales, or similar publications.

J. Any business or activity which is owned and operated by a person under the age of 18 years, and which is exempt from federal income tax reporting.

K. Any person, firm or corporation that is under contract with just the city of Zillah (solid waste, attorney, hearing examiner, professional services, etc.). Other noncity business will require a business license.

L. Meeting with customers or potential customers, even when no sales or orders are solicited at the meetings.

M. Training or recruiting agents, representatives, independent contractors, brokers or others, domiciled or operating on a job in the city, acting on its behalf, or for customers or potential customers.

N. Investigating, resolving, or otherwise assisting in resolving customer complaints.

O. Utility companies or their agents such as, but not limited to, cellular, power, gas, and irrigation. (Ord. 1515 § 1, 2020; Ord. 1475 § 5, 2018)

5.04.037 Threshold with fee-free license/registration only.

For purposes of the license required by this chapter, any person or business whose annual value of products, gross proceeds of sales, or gross income of the business in the city is equal to or less than $2,000 and who does not maintain a place of business within the city shall submit a fee-free business license registration to the city. The threshold does not apply to regulatory license requirements or activities that require a specialized permit. Verification of income will be handled through excise tax reporting listed in ZMC 5.04.040. (Ord. 1515 § 1, 2020; Ord. 1475 § 6, 2018)

5.04.040 Excise tax returns – State of Washington Department of Revenue.

All persons, firms and corporations who perform labor, services and construction, or who sell goods or any other items deemed taxable by the State of Washington Department of Revenue within the city (as provided in Rule II, WAC 458-20-145), shall report the city of Zillah “Location Code Number 3914” on their excise tax returns to the State of Washington Department of Revenue. On any violation hereof, the amount of the local sales and use taxes due the city shall be paid to the city by the violator, together with a penalty of 100 percent, in addition to all other penalties, fines, and remedies provided in this chapter. (Ord. 1515 § 1, 2020; Ord. 1475 § 7, 2018)

5.04.050 Business license application and issuance.

A. Any person who intends to conduct business, either directly or indirectly, within the city, unless otherwise exempt, must obtain a city business license before conducting any business within the city. Application for a city business license is made through the Business Licensing Service and must include all information required for all licenses requested, the total fees due for all licenses, and the application handling fee required by RCW 19.02.075.

B. Unless otherwise exempted in this chapter, the business license requirement applies to any business located outside the city that engages in some business activity inside the city limits of Zillah.

C. If any person is engaged in operating or conducting business at more than one location in the city, then such person must apply for a city business license for each location and pay the city business license fee for each of the locations.

D. The city administrator will verify proper zoning before authorizing the issuance of a business license. A business which does not meet the proper zoning requirements will not be issued a business license until the business complies with the proper zoning requirements.

E. The business license will be issued upon approval of the completed business license application, payment of fees required and approval from the city administrator.

F. Whenever there is a change in ownership of a business, the acquiring owner must obtain their own license for the business, as provided for in this chapter, before commencing to engage in business in the city under the acquired business.

G. A person wishing to change the location at which business is conducted in the city must notify the Business Licensing Service sufficiently prior to the intended change to allow the city to review and determine whether to approve the change. Business may not commence at the new location until approved by the city. (Ord. 1515 § 1, 2020; Ord. 1475 § 8, 2018)

5.04.055 Rental operating license and compliance agreement.

Every landlord/person operating two or more residential rentals within the city must apply for a rental operating license and by which acceptance of the license issuance the landlord agrees to comply with all applicable provisions of federal and state building, fire prevention or maintenance codes and city ordinances. The application must be submitted to the Business Licensing Service as otherwise provided for in this chapter, and must include the rental operating license fee in the amount set forth in the city rates ordinance. Applications for rental operating licenses for any tenancy existing on the effective date of the ordinance codified in this chapter must be received by the city no later than 60 days following the effective date of the ordinance codified in this chapter. (Ord. 1515 § 1, 2020; Ord. 1475 § 9, 2018)

5.04.060 Posting license.

A business license issued under this chapter must at all times be posted in a prominent place on the premises for which it was issued. In the case of a person with no fixed business location within the city, such person carrying the license on their person complies with the requirement of this section. (Ord. 1515 § 1, 2020; Ord. 1475 § 10, 2018)

5.04.070 License term or expiration, and renewal.

The city business license expires on the date established by the Business Licensing Service, and must be renewed on or before that date to continue to conduct business in the city after that date.

A. Application for renewal of a license is made through the Business Licensing Service (BLS), and must include all information required to renew all licenses involved, the total fees due for all licenses, and the renewal application handling fee required by RCW 19.02.075.

B. The license term and respective fee amount may be prorated as necessary to synchronize the license expiration date with that of the business license account maintained by BLS.

C. Failure to complete the renewal of the license by the expiration date will incur the late renewal penalty required by RCW 19.02.085 in addition to all other fees due.

D. Failure to complete the renewal of the license within 120 days after expiration will result in the cancellation of the license and will require application for a new license as provided for in this chapter in order to conduct business in the city.

E. Business may not be conducted in the city under an expired or cancelled license. To do so may subject the business owner to the penalties of ZMC 5.04.120. (Ord. 1515 § 1, 2020; Ord. 1475 § 11, 2018)

5.04.075 Business changes – License not transferable.

The business license issued under this chapter is personal to the licensee, and for the physical business location for which it was issued, and may not be transferred to another person. No person may allow another person to engage in business in the city under their license, and no person may engage in business in the city under another person’s license.

A. If a business owner wishes to change the location at which business is conducted in the city they must notify the Business Licensing Service sufficiently prior to the intended change to allow the city to review and determine whether to approve the change. Business may not commence at the new location until such approval is received from the city.

B. In the event of a change in ownership of a business, the new owner must obtain their own license for the business as provided for in this chapter before commencing to conduct business in the city under the acquired business. (Ord. 1515 § 1, 2020)

5.04.080 Business license penalty.

Repealed by Ord. 1515. (Ord. 1475 § 12, 2018)

5.04.090 Special event permit application.

A special event permit, issued directly from the city, is required for community events sponsored in city parks, streets or property within the city by clubs or organizations including, but not limited to, the following: Chamber of Commerce, Lions Club, Associated Club, and other similar nonprofit community organizations. Businesses, food vending and/or fund-raising activities which are conducted in cooperation with a community event sponsored by a club or nonprofit community organization are not required to obtain a separate business license to so cooperate, provided the sponsoring organization has applied for and received a special event permit. Businesses not registered with the sponsoring organization are required to obtain their own separate business license. Such special event permit is valid only for the duration of the community events. (Ord. 1515 § 1, 2020; Ord. 1475 § 13, 2018)

5.04.100 Requirements of persons engaged in business.

A. Every person or entity engaging in business within the city of Zillah, who conducts business in a building or structure located within the city of Zillah, must ensure that the building or structure be in compliance with and consistent with zoning and land use regulations of the city of Zillah. It is unlawful for any person to commence or conduct a business at any site or location for which persons are prohibited from engaging in business pursuant to the land use regulations for residential zones and be subject to suspension or revocation under ZMC 5.04.140; provided, that this section does not apply to a bona fide home occupation business properly licensed under this chapter and established under ZMC 17.22.080.

B. Every person or entity engaging in business within the city of Zillah, Washington, who conducts business in a building or structure, must conduct such business in a building or structure in compliance with applicable building codes, plumbing codes, fire codes, electrical codes, mechanical codes and/or health and safety codes, or as is otherwise lawfully established. (Ord. 1515 § 1, 2020; Ord. 1475 § 14, 2018)

5.04.105 Regulations for issuance of rental operation licenses.

A rental operation license shall be issued subject to the following:

A. Requirement of Inspection for Compliance with the City Codes Prior to Issuance of Rental Operating License. All rental units must be inspected for compliance with the provisions of the city’s adopted codes, ordinances, and other applicable laws which govern the use and occupancy of such structures prior to issuance of a rental operating license. A certificate of passed inspection issued no earlier than within the 90-day period preceding application for the license is required to be submitted directly to the city for review. An updated certificate of passed inspection is required to be submitted directly to the city every three years. The building official must note any violations of the above and must leave with the landlord, or the landlord’s lawful representative, a copy of any notice of violation.

B. Correcting Violations. Prior to the issuance of or renewal of a rental operating license, all violations noted on the notice of violation must be corrected as required. No rental operating license may be issued or renewed until the city building official or code enforcement officer certifies that each item on the notice of violation has been corrected.

C. Expiration of License. Each rental operating license expires on the date established by the Business Licensing Service and must be renewed annually one year after the date of issuance, or as the license term may be prorated, as described in ZMC 5.04.070.

D. Timing for Renewal. Application to renew a rental operating license is expected to be made to the Business Licensing Service at least 30 days prior to the expiration date of the current license to allow the city to review and approve the license renewal. When the renewal application is submitted less than 30 days before the expiration date, the pending review of the renewal will not prevent the expiration of the license in the interim. (Ord. 1515 § 1, 2020; Ord. 1475 § 15, 2018)

5.04.110 Inspections.

Designated city officials shall have authority to inspect and examine all places of business and business operations in accordance with applicable law to assure compliance with licensing requirements. Such inspection shall be at a reasonable time after notification to the business and as otherwise required by law. In addition, all places of business are subject to inspection in accordance with applicable building codes, plumbing codes, fire codes, electrical codes, mechanical codes and/or health and safety codes. The city will make every attempt to provide notice to the business owner(s) in advance of the inspection. (Ord. 1515 § 1, 2020; Ord. 1475 § 16, 2018)

5.04.115 Inspectors and inspections.

A. Any certificate of inspection or residential operating license shall be based upon physical inspection of the dwelling units and compliance with adopted building codes, zoning ordinances, other applicable laws and issued by one of the following:

1. A city of Zillah building official or code enforcement officer;

2. Inspectors certified by the United States Department of Housing and Urban Development for grant-required inspections;

3. Certified private inspectors approved by the city, upon evidence of completion of formal training, including the passing of an examination administered by the National Association of Housing and Redevelopment Officials (NAHRO), the American Association of Code Enforcement (AACE) or other comparable professional association as approved by the Zillah building official, which approval or denial shall be subject to appeal to the hearing examiner;

4. A Washington State licensed structural engineer;

5. A Washington State licensed architect.

To complete the inspection requirement, the applicant shall have the option of using any of the above; however, options in subsections (A)(2) through (5) of this section are the sole financial responsibility of the applicant. All inspection certifications shall be submitted on forms provided by the city or as approved by the United States Department of Housing and Urban Development.

B. City shall retain a copy of the certificate of inspection and an updated certificate of inspection shall be required every three years. Multi-unit rental properties may be inspected by a sampling based on the number of units, or the property owner may elect to have all of the units inspected. If a rental property is asked to provide a certificate of inspection for a sample of units and a selected unit fails an initial inspection, the city may require all of the units to provide a certificate of inspection. The city may also require all of the units to provide a certificate of inspection if a rental property has had conditions that endanger or impair the health or safety of a tenant reported since the last required inspection.

C. Tenant-Requested Inspection. A residential tenant may request municipal inspection of identified conditions that are believed to present a substantial danger or impairment to the health or safety of a tenant. Such request shall identify specific condition or conditions believed to present substantial danger or impairment to health and/or safety. Upon receipt of a qualifying request, the city shall designate the appropriate government official or disinterested private person capable of conducting the inspection. Such inspector shall issue a certificate of inspection of the specific condition or conditions listed by the tenant with the results of such inspection certified by the reviewing official. The certificate of inspection shall be provided to both the landlord and tenant.

D. Other Inspections. Nothing herein shall preclude such additional inspections as may be conducted pursuant to or preclude the city from enforcement of other codes, regulations, warrants or otherwise. (Ord. 1515 § 1, 2020; Ord. 1475 § 17, 2018)

5.04.120 Penalties.

A. It shall be unlawful for any person, organization, or entity to conduct a business without first obtaining the required licenses and paying applicable license fees (including renewal fees). It is a further violation for any person, organization, or entity to make any false or fraudulent application or any false statement or representation in or in connection with any application, or to aid or abet another in any attempt to evade payment of the license fee, or any part thereof.

B. Nothing contained in this chapter shall be construed as vesting any right in any license except as covered by the applicable license for the identified term of the license. Additional fees, charges and/or assessments may be established by the city from time to time and shall be applicable as established by ordinance.

C. The conviction of any person for violation of any of the provisions of this chapter shall not operate to relieve such person from paying any fee or penalty thereupon, for which such person shall be liable, nor shall the payment of any such fee prevent prosecution in the municipal court of the city of Zillah of any complaint for the violation of any of the provisions of this chapter.

D. Any person violating any of the provisions of this chapter shall, upon the conviction thereof, be punished by a fine not to exceed $500.00. Each day any person shall conduct any business within the city for which a business license is required without having paid the license fee shall constitute a separate offense. The penalties provided for in this section are assessed by and payable directly to the city of Zillah. (Ord. 1515 § 1, 2020; Ord. 1475 § 18, 2018)

5.04.130 Additional penalties – Building and development permits.

A. No person, organization, or entity shall commence work on any development or construction project within the city of Zillah without first obtaining the required building and/or development permit and a city of Zillah business license. A building or development permit may be acquired by the property owner or his agents or assignees which defines the scope of work to be performed and such persons, organizations or entities performing work shall be required to have a city of Zillah business license.

B. The penalty provided in this section shall be in addition to the penalty provided for in ZMC 5.04.120.

C. Building official is authorized to shut down the job site until a business license and required building/development permit have been obtained. The second violation of this section shall result in the revocation of the business license and right of the individual, organization or entity to do business in the city of Zillah for a period of one year. (Ord. 1515 § 1, 2020; Ord. 1475 § 19, 2018)

5.04.140 Suspension or revocation.

Any license may be suspended or revoked at any time during the term of such license for any violation of the provisions of the Zillah Municipal Code related to the business, operations or activities, including but not limited to license conditions, building or structure, or other matters of public health, safety or welfare. Such suspension or revocation may be in addition to any fine imposed. Reasons for suspension or revocation include, but are not limited to, any one or more of the following reasons, when determined to exist after investigation by city staff:

A. Failure to comply with any of the terms and conditions in which a license is issued;

B. The licensee or any of its employees, officers or agents, while acting within the scope of their employment, violates or fails to comply with any provision of the Zillah Municipal Code, including but not limited to the commission or acquiescence or permitting of any unlawful activity on the business premises. Conviction or plea of guilty in the Zillah municipal court or any court of record shall be deemed conclusive as to whether such a violation or failure to comply has occurred;

C. When reasonably necessary for the protection of the public health, safety, peace or welfare, including, but not limited to, conduct of a business in a facility without required public utilities such as water, sewer or refuse collection service;

D. When a business becomes an instrument of or a cover for public disorder, crime, or other danger to public safety, health or welfare;

E. The licensee has caused or permitted a public nuisance to exist on the premises;

F. The place of business does not conform to the applicable zoning requirements, building codes, plumbing codes, fire codes, electrical codes, mechanical codes and health and safety codes;

G. The license is being used for a purpose different from that for which it was issued and the change of the nature of the business has not been updated with the city of Zillah or master license service;

H. Illegal issuance of the license;

I. When issued through mistake or inadvertence;

J. Business license fee and late penalties have not been paid for by said business, which would be considered the first offense. (Ord. 1515 § 1, 2020; Ord. 1475 § 20, 2018)

5.04.150 Suspension/revocation.

If a determination is made by city administrator that the licensee has violated any of the provisions of this chapter or any of the provisions of the Zillah Municipal Code, such licensee shall be subject to a suspension not to exceed five days for the second offense, 30 days for the third offense and revocation for the fourth offense. This authority for suspension/revocation shall not apply to other licensing or other operational requirements administered by other state or local agencies or jurisdiction. (Ord. 1515 § 1, 2020; Ord. 1475 § 21, 2018)

5.04.160 Reasons for immediate revocation.

Any business license shall be revoked when, after investigation by city staff, city administrator determines that any one of the following reasons exists:

A. A fourth violation of any reason for suspension stated in this chapter, within five years of the first suspension of the license;

B. When a business becomes an instrument of or a cover for public disorder, crime, or other danger to public safety, morals or health;

C. Anything which causes a threat to safety of persons or property;

D. Nonpayment of any and all required fees and/or penalties. (Ord. 1515 § 1, 2020; Ord. 1475 § 22, 2018)

5.04.170 Notice of suspension or revocation.

The city administrator shall mail a written notice of a suspension or revocation to the licensee at the last address provided by the licensee. Such notice shall be by certified mail. (Ord. 1515 § 1, 2020; Ord. 1475 § 23, 2018)

5.04.180 Appeal of suspension or revocation.

The licensee may appeal any suspension or revocation in writing to the city council within 10 days of the date of mailing of notice of suspension/revocation. Such appeal must state the grounds upon which the licensee is appealing.

A. Hearing by City Council. The city council shall conduct a hearing on the suspension/revocation within 45 days following the filing of the appeal. City council shall accept testimony, exhibits and argument on the appeal and shall issue a written decision.

B. Notice of Decision. City council shall mail written notice of the decision to the licensee at the last address provided by the licensee.

C. City Council Decision – Appeal. The decision of the city council shall be final, and appealable to the appropriate courts. Such appeal must be served on the city and filed with the appropriate court within 10 days of the mailing of the decision to licensee. (Ord. 1515 § 1, 2020; Ord. 1475 § 24, 2018)

5.04.190 Clean-up requirements.

Each business shall keep the exterior premises and public sidewalks in a neat and clean condition free of litter, debris, snow, ice and similar conditions. (Ord. 1515 § 1, 2020; Ord. 1475 § 25, 2018)

5.04.200 Denial of license.

A license may be denied to a business for any of the following reasons:

A. The applicant is a minor and does not have the written consent of a parent or guardian;

B. The applicant has had a similar license revoked or suspended;

C. Failure to comply with any federal, state or local laws and regulations;

D. Conduct of the business activity in a manner which endangers the public health, welfare or safety;

E. Fraud, false representation or suppression of material fact. (Ord. 1515 § 1, 2020; Ord. 1475 § 26, 2018)