Chapter 5.04
GENERAL BUSINESS REGULATIONS1
Sections:
5.04.010 Purpose.
5.04.020 Scope.
5.04.030 Definitions.
5.04.040 Business license required.
5.04.045 Master event business license.
5.04.050 Finance director as license officer.
5.04.060 Qualifications of applicants.
5.04.070 Procedures for issuance of license.
5.04.080 Fees – Payment.
5.04.084 Temporary employees.
5.04.085 Penalty for late payment – Interest.
5.04.090 Display of license – Renewal – Transfer.
5.04.100 Notification of exemption or termination of business activities.
5.04.110 Operating without a license.
5.04.120 License fee additional to others imposed.
5.04.130 Exemptions.
5.04.140 Criteria for denial, suspension or revocation of license.
5.04.150 Request for hearing.
5.04.160 Penalties.
5.04.010 Purpose.
The provisions of this chapter shall be deemed an exercise of the power of the city to license for revenue and for regulation. (Ord. 2546 § 2 (part), 2010: Ord. 2238 § 1 (part), 2004: Ord. 1924 § 1, 1996).
5.04.020 Scope.
All persons engaging in a business or occupation within the limits of the city as hereinafter defined shall be subject to the provisions of this title. The finance director shall be responsible for enforcing the provisions of this title. (Ord. 2546 § 2 (part), 2010: Ord. 2238 § 1 (part), 2004: Ord. 1924 § 1, 1996).
5.04.030 Definitions.
Where used in this chapter or title, the following words and terms shall have the meanings as defined in this section, unless, from the context, a more limited or different meaning is clearly defined or apparent:
(A) “Business” includes all activities, occupations, pursuits, or professions located or engaged within the city with the object of gain, benefit or advantage to the person engaging in the same, or to any other person or class, directly or indirectly;
(B) “Business license” is that document issued by the city licensing the transaction of the indicated business by the person whose name appears thereon for the stated year. For the purpose of this chapter, an original or officially issued duplicate shall constitute a valid “business license” for every purpose;
(C) “Employee” means any person who performs work, labor, or services for a business and is on the business’ payroll. For the purpose of this chapter, the term “employee” also includes all full-time, part-time, and temporary employees or workers on the business’ payroll, and self-employed persons, sole proprietors, owners, managers, partners, any family members working at the business, and any officers, agents or personal representatives acting in a fiduciary capacity;
(D) “Engaging in business” means commencing, conducting or continuing in any business within the city, whether or not an office or physical location for the business lies within the city. Engaging in business includes the performance of work or services by contractors, consultants, representatives, agents or other persons within the city, even though the office location of the contractor, consultant, representative, agent or other person is not within the city limits; the exercise of corporate or franchise powers, as well as the liquidation of a business when the liquidators hold themselves out to the public as conducting such business; and furnishing temporary employees and/or workers to other businesses;
(E) “Finance director” or “director” means the City of Redmond Finance Director or his/her designee;
(F) “Person” includes the singular and the plural and also means and includes any person, firm, corporation, association, club, partnership, society or any group of individuals acting as a unit;
(G) “City” means the City of Redmond, Washington; and
(H) “Year” means a calendar year. (Ord. 2546 § 2 (part), 2010: Ord. 2238 § 1 (part), 2004: Ord. 2003 § 1, 1998: Ord. 1924 § 1, 1996).
5.04.040 Business license required.
(A) No person shall engage in any business within the city without first having obtained and being the holder of a valid and subsisting license to engage in such business or activity, to be known as a “business license,” and without paying the license fee imposed by this chapter. Provided, however, that an independent contractor who provides work, labor, or services to or on behalf of a business entity licensed hereunder, where such goods or services are of the same kind or nature as those provided by the business entity in its normal course of business, shall not be required to obtain a separate business license when all of the license fees and taxes required by this chapter with respect to such independent contractor are included in the license fees and taxes paid by the entities which receive or use the independent contractor’s work, labor or services, pursuant to Section 5.04.080. Where a business entity elects not to cover its independent contractors as provided in this section, the business entity and each of its independent contractors must obtain separate business licenses as provided in this chapter.
(1) Business entities utilizing independent contractors shall provide the Finance Director with a list of independent contractors, including names, addresses, telephone numbers, and the nature of the goods or services provided to or on behalf of the business entity.
(B) Persons or companies doing business in the City of Redmond must comply with this chapter regardless of the physical location of the business (i.e., whether inside or outside Redmond City limits). An original or officially issued duplicate license must be obtained for each location where business is transacted.
(C) A person shall obtain a separate business license for each separate business engaged in, including but not limited to a separate business for each separate Unified Business Identifier number issued by the Washington State Department of Licensing. (Ord. 2605 § 2, 2011: Ord. 2546 § 2 (part), 2010: Ord. 2238 § 1 (part), 2004: Ord. 1924 § 1, 1996).
5.04.045 Master event business license.
(A) Any person organizing, promoting, sponsoring, or conducting any arts or crafts fair, farmer’s market, trade show, or other similar event which:
(1) Does not exceed seven days in duration and does not occur more than once in any calendar year; or
(2) Does not exceed two days in duration during any calendar week and does not operate for more than six months in any calendar year, at which multiple dealers or vendors will be present selling goods or services at a single location, may obtain a master event business license as provided in this section. The master event business license shall cover all dealers and vendors involved in the event and individual dealers and vendors participating in the event shall not be required to obtain separate business licenses in connection with their participation.
(B) The city may also obtain a master event business license for the following city-sponsored community events for which an admission fee is charged: Friday performance arts events, summer music series, special entertainment lunches, Trash or Treasure, the father/daughter dance, the mother/daughter tea, Big Truck Day, and the community swap meet/flea market. Additional city-sponsored community events for which an admission fee is charged may be added to this list with approval of the event-sponsoring department and the Finance Director.
(C) Applicants for a master event business license shall be required to meet all requirements of this chapter for issuance of a business license and shall be required to pay all fees and taxes imposed by this chapter on behalf of themselves and all dealers and vendors covered by the master event business license.
(D) Holders of master event business licenses shall be required to provide the Finance Director with a list of all participating dealers and vendors at least ten days prior to the event. The list shall include the dealer or vendor’s name, address, telephone number, and state UBI number. Only those dealers and vendors set forth on the list are covered under the master event business license.
(E) Nothing in this section is intended to prevent the city from requiring other permits or approvals in connection with an event covered by this section, including but not limited to any necessary building and zoning approvals, and any necessary right-of-way use permits. (Ord. 2605 § 3, 2011).
5.04.050 Finance director as license officer.
(A) The finance director shall collect all license fees and shall issue licenses in the name of the city to all persons qualified under the provisions of this chapter and shall have the authority to:
(1) Adopt Forms. Adopt application, license, renewal, annual return, and all other necessary or convenient forms and prescribe the information to be provided. Such required information shall include, but not be limited to, the name of the applicant, his or her residence address, date of birth, place of business, the nature of the business, the form of ownership, the names of all officers of the business, the UBI number (if applicable), and the number of employees;
(2) Obtain Endorsement. Submit applications, when deemed appropriate, to other city officials for their endorsements thereon as to compliance by the applicant with all city regulations which the officials have the duty of enforcing;
(3) Investigate. Investigate and determine the eligibility of any applicant for a license as prescribed herein;
(4) Examine Records. Examine and audit the books and records of any applicant or licensee when reasonably necessary to the administration and enforcement of this chapter. The records of a business, including but not limited to federal and state tax returns and invoices, shall be open for examination by the finance director or authorized agent at any time to the extent not prohibited by law;
(5) Give Notice. Notify any applicant of the acceptance or rejection of the application;
(6) Regulate Form of Licenses. Ensure that each license is numbered, and shows the name of the licensee, business address and the character of the business authorized to be transacted. (Ord. 2546 § 2 (part), 2010: Ord. 2238 § 1 (part), 2004: Ord. 2003 § 2, 1998: Ord. 1924 § 1, 1996).
5.04.060 Qualifications of applicants.
(A) Standards to Be Applied. The finance director shall base the decision to issue or deny the license upon the following criteria:
(1) Applicant History. All violations of city regulations or convictions within the 10 years immediately preceding application, which directly relate to the operation of the applicant’s current proposed business;
(2) License History. The license history of the applicant, whether such person is previously operating in this or another jurisdiction under a license has had such license revoked or suspended, the reasons therefor, and the demeanor of the applicant subsequent to such action;
(3) No Obligation to City. Except as otherwise provided in this chapter, applicants shall not be in default under the provisions of this chapter or indebted or obligated in any manner to the city, except for current taxes and other obligations not past due;
(4) Compliance with City Regulations. The proposed use of any premises shall not be in violation of any city building, safety, fire, health or land use regulations as determined by the city department charged with the enforcement of said regulations. (Ord. 2546 § 2 (part), 2010: Ord. 2238 § 1 (part), 2004: Ord. 1924 § 1, 1996).
5.04.070 Procedures for issuance of license.
(A) Formal Application Required. Every person required to procure a license under the provisions of this chapter shall submit an application for such license to the finance director. The application shall be made upon forms provided by the finance director.
(1) Determination of whether a business license application is complete for purposes of issuing a business license shall be made by the finance director.
(2) An application for a business license shall be deemed to be abandoned 90 days after the date of application, unless such application has been pursued in good faith or a license has been issued. Expired applications shall forfeit a minimum of $90 of the new application fee.
(B) Commencement of Business Activities. No person shall be entitled or authorized to engage in business within the city until such time as the finance director has approved the issuance of a business license pursuant to the terms of this chapter. The acceptance of a business license application by the city shall not be deemed to grant any right or privilege under this chapter, except as otherwise provided by law.
(C) Burden on Applicant. The finance director, or other designated officer, is authorized, but not required, to mail to persons engaging in business forms for applications and/or renewals for licenses, but failure of the person to receive any such form shall not excuse the person from making application for and securing the license required by this chapter.
(D) Applications for new business licenses, including home businesses, within the boundaries of Wellhead Protection Zones 1, 2, or 3 shall be accompanied by a completed Hazardous Materials Questionnaire to determine the regulatory status of the business. The City of Redmond Director of Public Works, or his or her designee, shall review and approve the Hazardous Materials Questionnaire. Applications for business license renewals do not need to be accompanied by a Hazardous Materials Questionnaire; however, the City of Redmond Director of Public Works, or his or her designee, may require an updated Hazardous Materials Questionnaire from renewing businesses in accordance with the requirements under Chapter 13.07, Wellhead Protection. (Ord. 2546 § 2 (part), 2010: Ord. 2269 § 1, 2005; Ord. 2238 § 1 (part), 2004: Ord. 2180 § 1 (part), 2003: Ord. 1924 § 1, 1996).
5.04.080 Fees – Payment.
(A) Reporting by Hours Method. The annual business license fee is calculated by determining the number of employee hours worked in the city of Redmond during the previous year and then multiplying that figure by $0.047396 for 2011, which represents a base fee multiplier of $0.018229 and a transportation fee multiplier of $0.029167 per employee hour worked.
For 2012, the business license fee will be calculated by determining the number of employee hours worked in the city of Redmond during the previous year and then multiplying that figure by $0.047917, which represents a base fee multiplier of $0.018229 and transportation fee multiplier of $0.029688 per employee hour worked.
(1) Repealed by Ord. 2546.
(2) Repealed by Ord. 2546.
(3) Annual employee hours are calculated based on the sum of the four quarterly reports submitted to the Washington State Department of Labor and Industries for the previous year.
(4) It shall be the responsibility of the employer to determine the number of hours worked within the city from these reports. Businesses that did not file quarterly reports with the Washington State Department of Labor and Industries shall determine the number of hours worked within the city and demonstrate, if required, to the satisfaction of the finance director, that the number of employee hours worked is correct.
(5) Employers without a full year history would need to estimate the number of employee hours that will be worked in the current calendar year.
(6) If a business has more than one location in the city of Redmond, the annual business license fee calculation must include annual employee hours at all locations.
(7) Businesses with more than one location must use the same method of calculation for all locations.
(B) Reporting by FTE Method. A business may choose to calculate its annual license fee based on the number of its full-time equivalent employees. Using this method the annual business license fee is calculated by multiplying the number of full-time equivalent employees by $91.00 for 2011, which represents a base fee of $35.00 and a transportation fee of $56.00 per full-time equivalent employee.
For 2012, a business may choose to calculate the business license fee by multiplying the number of full-time equivalent employees during the previous year by $92.00, which represents a base fee of $35.00 and a transportation fee of $57.00 per full-time equivalent employee.
(1) Repealed by Ord. 2546.
(2) Repealed by Ord. 2546.
(3) Repealed by Ord. 2546.
(4) Repealed by Ord. 2546.
(5) Repealed by Ord. 2546.
(6) The number of full-time equivalent employees shall be based on the sum of the full-time employees in the four quarterly reports submitted to the Washington State Department of Labor and Industries for the previous year divided by four.
(7) It shall be the responsibility of the employer to determine the number of full-time equivalent employees working within the city from these reports. Businesses that did not file quarterly reports with the Washington State Department of Labor and Industries shall determine the number of full-time equivalent employees working in the city and demonstrate, if required, to the satisfaction of the finance director, that the number of full-time equivalent employees is correct.
(8) For businesses with employees who work less than 1,920 hours per year (the work hour figure used by the Washington Department of Labor and Industries) the total number of hours worked by all such employees during the four quarters of the previous year shall be added together and divided by 1,920 to determine the full time employee equivalency.
(9) Employers without a full year history would need to estimate the number of full-time equivalent employees that will work in the city for the current calendar year.
(10) If a business has more than one location in the city of Redmond, the annual business license fee calculation must include annual full-time equivalent employees at all locations.
(11) Businesses with more than one location must use the same method of calculation for all locations.
(C) If at any time during the year it appears that the number of employee hours worked or if using the FTE method the number of employees was under-reported at the time of application or renewal, an additional license fee and a penalty on the additional license fee shall be due. The penalty shall be equal to twenty percent (20%) per annum of the additional fee, plus any accounting, legal, or administrative expenses incurred by the city in determining the under-reporting or in collecting the tax and penalty.
(D) The license fee for a business required to be licensed under this chapter and not located within the city’s corporate limits shall be calculated based upon the number of employee hours worked or the number of full-time equivalent employees within the city, but in no event shall the license fee be less than the minimum fee set forth in this chapter.
(E) Businesses doing business in the city that have no employees physically working within the city shall pay the minimum license fee required under this chapter.
(F) The minimum fee for any license issued under this chapter shall be $91.00 in 2011 and $92.00 in 2012.
(1) Exemptions. The following entities may claim an exemption from the license or renewal fee, but if exempt under this subsection such entities shall register under this chapter.
(a) Any entity exempt from taxation under 26 U.S.C. Sec. 501(c)(3), upon furnishing proof to the finance director of its nonprofit status.
(b) Governmental entities that engage solely in activities which are not exclusively governmental, such as some activities of a hospital or medical clinic.
(c) A nonprofit business operated exclusively for a religious purpose that files with the city a copy of its current IRS 501(C)(3) exemption certificate issued by the Internal Revenue Service.
(d) Civic groups, service clubs, and social organizations that are not engaged in any profession, trade, or occupation, but are organized to provide civic, service or social activities in the city. Examples of such organizations may include but are not limited to: Soroptimists; Kiwanis; Lions; Rotary; American Legion; children’s and adults’ athletic organizations; and similar types of groups, clubs or organizations.
(G) The annual license fee shall become due and payable on January 1st of each calendar year. The business license fee shall not be prorated for any part of any year.
(H) A licensee may request that the city refund that portion of the annual business license overpaid on the basis that the business miscounted the number of employee hours worked or the number of employees. The request must be in writing and the city must receive the request and all supporting payroll documentation no later than 60 days after the end of the licensee’s fiscal year in which the error was made. If the finance director is satisfied that the business paid an excess business license fee, then the city will refund the excess fee paid by the business during either the current calendar year or one prior calendar year.
(I) Payment made by check shall not be deemed a payment of the fee unless and until the same has been honored in the usual course of business, nor shall acceptance of any such check operate as an acquittance or discharge of the fee unless and until the check is honored. Any person who submits a business license fee payment by check to the city pursuant to the provisions of this chapter shall be assessed a NSF fee set by the finance director if the check is returned unpaid by a bank or other financial institution for insufficient funds in the account or for any other reason.
(J) If any person required by the terms and provisions of this chapter to pay a license fee for any period fails or refuses to do so, he shall not be granted a license for the current period until the delinquent license fee, together with penalties, has been paid in full. Any license fee due and unpaid under this chapter and any penalties thereon shall constitute a debt to the city and may be collected in court proceedings in the same manner as any other debt in like amount, which remedy shall be in addition to all other existing remedies. (Ord. 2567 § 2, 2010: Ord. 2546 § 2 (part), 2010: Ord. 2318 § 1, 2006: Ord. 2238 § 1 (part), 2004: Ord. 2088 § 1, 2000: Ord. 2003 § 3, 1998: Ord. 1953 § 1, 1997; Ord. 1924 § 1, 1996).
5.04.084 Temporary employees.
The following provisions shall apply to businesses engaged in the practice of providing temporary employees or workers (“temporary agencies”) to businesses located within the city and to businesses located within the city which utilize the services of such employees or workers:
(1) Temporary agencies located within the city shall include all temporary employees and workers placed with businesses located within the city in calculating the number of employee hours worked in addition to employees described under RMC 5.04.030(C);
(2) Temporary agencies located outside the city which place temporary employees or workers with businesses located within the city shall include all such temporary employees and workers in calculating the number of hours worked by their employees;
(3) Businesses located within the city which utilize temporary employees or workers provided by a temporary agency shall not include the temporary employees or workers in calculating the number of their employee hours;
(4) Temporary agencies placing temporary employees and workers within the city shall calculate the number of hours worked by such employees and workers in the manner provided by RMC 5.04.080(A);
(5) In submitting an initial business license application or subsequent renewal application, all businesses located within the city which use temporary employees or workers furnished by a temporary agency shall indicate the number of employee hours worked by using the formula set forth in RMC 5.04.080(A) and further indicate the names and addresses of the temporary agencies furnishing said employees or workers. Failure to so report the number of hours worked by temporary employees or workers or the names and addresses of the agencies furnishing said employees or workers shall result in imposition of a penalty equal to ten percent (10%) of the company’s total business license fee. In addition, failure to report may result in revocation, suspension, or denial of the business license. (Ord. 2546 § 2 (part), 2010: Ord. 2238 § 1 (part), 2004: Ord. 2088 § 2, 2000: Ord. 2003 § 4, 1998).
5.04.085 Penalty for late payment – Interest.
(A) For each payment due, if such payment is not made by the due date, there shall be added penalties as follows:
(1) A penalty of fifty (50) percent of the license fee due shall be imposed for each payment or portion thereof that is received or postmarked after February 15th or the next business day.
(2) A penalty of one hundred (100) percent of the license fee due shall be imposed for any payment or portion thereof that is received or postmarked after March 15th or the next business day.
(B) The finance director is authorized, but not obligated, to waive all or any portion of the penalties and interest provided herein in the event that the director determines that the late payment was the result of excusable neglect or extreme hardship. (Ord. 2546 § 2 (part), 2010: Ord. 2238 § 1 (part), 2004: Ord. 1924 § 1, 1996).
5.04.090 Display of license – Renewal – Transfer.
(A) Display of License. Every license granted under this chapter shall be posted in a conspicuous place in the place of business of the licensee. No person shall allow any license to remain posted, displayed, or used after the period for which it was issued has expired, or when it has been suspended or revoked, or for any other reason become ineffective.
(B) Renewal. Each license granted shall expire at the end of the calendar year in which it is issued. Each licensee shall be responsible to renew the license for each ensuing calendar year.
(C) Nontransferability. Any license issued under and by virtue of the provisions of this chapter shall be personal and nontransferable.
(D) New Location Desired. A licensee shall have the right to change the location of the licensed business, provided confirmation of the legality of the business activity at the new location is obtained by the finance director.
(E) Multiple Locations. In case a licensee desires to conduct business at two (2) or more separate locations, a business license must be conspicuously posted at each location where business is transacted. A supplemental location application must be completed for each location where business is conducted in addition to the primary location of the business. After receipt of a supplemental location application, the finance director shall issue a duplicate business license for each such additional location. Prior to issuance of a duplicate business license for an additional location, the finance director shall first confirm the legality of the business at each such location. (Ord. 2546 § 2 (part), 2010: Ord. 2238 § 1 (part), 2004: Ord. 1924 § 1, 1996).
5.04.100 Notification of exemption or termination of business activities.
(A) Every person who has obtained a business license required by this chapter and who thereafter ceases to engage in business within the city shall, prior to the end of the calendar year during which business operations have been terminated, notify the finance director in writing that business activities have ceased. Any business for which a license has been issued shall be presumed to continue in operation within the city unless notice of termination of business activities has been given as provided above, and enforcement proceedings may be commenced on the basis of such presumption.
(B) Every person who engages in a business in the city which is exempt from the licensing provisions of this chapter under federal, state or local laws shall notify the finance director in writing of the exemption and the basis for the exemption.
(C) Any business which is exempt from the provisions of this chapter or has terminated its business activities in the city shall not be entitled to a refund of any license fee paid under this chapter. (Ord. 2546 § 2 (part), 2010: Ord. 2238 § 1 (part), 2004: Ord. 1924 § 1, 1996).
5.04.110 Operating without a license.
Any person who engages in, or carries on, any business subject to the payment of a license fee hereunder without having obtained a business license to do so shall be guilty of a violation of this chapter for each day during which the business is so engaged in or carried on; and any person subject thereto who fails or refuses to pay the license fee, or any part thereof, on or before the due date, shall be deemed to be operating without having obtained a license to do so.
(A) Any City of Redmond police officer, any code compliance officer, or other such person designated by the finance director can assist the finance director in enforcing the provisions of Title 5.
(B) Businesses operating without a license are subject to a one hundred (100) percent penalty of the licensing fee due.
(C) The finance director is authorized, but not obligated, to waive all or any portion of the penalties provided herein in the event that the finance director determines that operating without a license was due to excusable neglect or extreme hardship. (Ord. 2546 § 2 (part), 2010: Ord. 2238 § 1 (part), 2004: Ord. 1924 § 1, 1996).
5.04.120 License fee additional to others imposed.
The license fee levied in this chapter shall be additional to any license fee or tax imposed or levied under the law or any other ordinance of the city except as expressly provided herein. (Ord. 2546 § 2 (part), 2010: Ord. 2238 § 1 (part), 2004: Ord. 1924 § 1, 1996).
5.04.130 Exemptions.
The provisions of this chapter shall not apply to:
(1) Any instrumentality of the United States, the State of Washington, or political subdivision thereof with respect to the exercise of governmental functions;
(2) Any farmer, gardener, or other person who sells, delivers or peddles any fruits, vegetables, berries, butter, eggs, fish, milk, poultry, meat or any farm produce or edibles raised, caught, produced or manufactured by such person in the state;
(3) Repealed by Ord. 2546;
(4) Any apartment or condominium, residential rental or leasing activity which does not involve more than four residential units at any one location within the city;
(5) Any insurers or their agents, as those terms are defined in RCW 48.01.050 and 48.17.010, respectively, who represent insurance companies or sell insurance to the public and are properly licensed by the state. Provided, however, that this exemption shall not apply to insurance brokers or solicitors, as said terms are defined in RCW 48.17.020 and 48.17.030, respectively;
(6) Newspaper carriers under the age of 18;
(7) Any person, business, enterprise, firm, or corporation which the city is forbidden to license or tax under state or federal law; or
(8) Businesses that do not engage in other business activities within the city limits but are merely complying with destination-based sourcing rules as outlined in the National Streamlined Sales Tax (SST) Agreement;
(9) Community special events that are sponsored by the city and that are open to the public without the payment of an admission fee are exempt from the requirement to obtain a business license. In addition, no business license shall be required for dealers, vendors, entertainers, instructors, and others with whom the city or any co-sponsor contracts to provide goods or services at the event. As used in this subsection, “community special event” means the following events sponsored or co-sponsored by the City: Derby Days, Redmond Lights, Eggstravaganza, the Digital Arts Festival, the Arts in the Park Series, the Community Lecture Series, Pet Fair, Bridal Fair, the Spring Garden Fair, the Holiday Craft Market, Healthy, Wealthy and Wise Health Fair, Sculpture Garden, and the Great Day of Play.
Additional city-sponsored community special events that are open to the public without the payment of an admission fee may be added to this list with approval of the event-sponsoring department and the Finance Director. The City Council will be notified of changes to the list of free city-sponsored community events. (Ord. 2605 § 4, 2011; Ord. 2546 § 2 (part), 2010: Ord. 2401 § 4, 2008: Ord. 2238 § 1 (part), 2004: Ord. 1953 § 2, 1997; Ord. 1924 § 1, 1996).
5.04.140 Criteria for denial, suspension or revocation of license.
The finance director may deny issuance of a business license to any applicant or suspend or revoke any and all business licenses of any holder when such person, or any other person with any interest in the application or license:
(1) Knowingly violates or knowingly causes, aids, abets, or conspires with another to cause any person to violate any state, federal, or city law which may affect or relate to the applicant or license holder’s business;
(2) Has obtained a license or permit by fraud, misrepresentation, concealment, or through inadvertence or mistake;
(3) Is or has been convicted of, forfeits bond upon, or pleads guilty to any felony offenses directly related to the operation of the applicant’s or license holder’s business;
(4) Makes a misrepresentation or fails to disclose a material fact to the city related to any of the obligations set forth in this chapter;
(5) Violates any building, safety, fire or health regulation on the premises in which the business is located after receiving warning from the city to refrain from such violations;
(6) Is in violation of a zoning regulation of the city;
(7) Is indebted or obligated to the city for past due taxes excluding special assessments such as LID assessments. (Ord. 2605 § 5, 2011; Ord. 2546 § 2 (part), 2010: Ord. 2238 § 1 (part), 2004: Ord. 1924 § 1, 1996).
5.04.150 Request for hearing.
(A) Notification of Suspension, Revocation, or Denial. When the finance director determines that there is cause for denying, suspending or revoking any license issued pursuant to this chapter, the director shall notify the applicant or person holding such license by registered or certified mail, return receipt requested, of the director’s decision. Notice mailed to the address on file shall be deemed received three (3) days after mailing. The notice shall specify the grounds for the denial, suspension or revocation. The suspension or revocation shall become effective ten (10) days from the date the notice is delivered or deemed received unless the person affected thereby files a written request with the director for a hearing before the city hearing examiner within such ten (10) day period.
(B) Hearing Procedure. Upon written request as set out above, the hearing examiner shall schedule and hold a hearing within thirty (30) days following receipt of such request. During the pendency of the hearing and until action by the city council the action of the director shall be stayed. At the hearing, both the applicant or licensee and the city shall be entitled to present evidence. Upon completion of the hearing, the hearing examiner shall make written findings and a recommendation to the city council. At a public meeting, the city council, upon considering the findings and recommendations of the hearing examiner, shall, without need for further evidence:
(1) Accept the hearing examiner’s recommendation as presented; or
(2) Determine no action is warranted; or
(3) Modify the recommended action.
(C) Appeal from City Council. Appeal from a decision of the city council shall be to the King County Superior Court and must be served and filed within thirty (30) days of the decision of the city council. In the event the applicant or license holder does not follow the procedures within the time periods set forth above, the license of said person shall be denied, suspended or revoked, and that action shall be final.
(D) Return of License upon Revocation. Whenever any license issued under this chapter is revoked, the licensee shall immediately return the license to the finance director. (Ord. 2546 § 2 (part), 2010: Ord. 2238 § 1 (part), 2004: Ord. 1924 § 1, 1996).
5.04.160 Penalties.
(A) Any person violating or failing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as provided in Section 1.01.110 of the Redmond Municipal Code.
(B) In addition to any criminal penalties provided for in (A) above, the finance director may also impose a civil penalty in an amount not to exceed $1,000 per violation of this title. Any party assessed a civil penalty by the finance director may appeal the finance director’s decision on such penalty as provided for in RMC 1.14.120. (Ord. 2546 § 2 (part), 2010: Ord. 2238 § 1 (part), 2004: Ord. 1924 § 1, 1996).
Prior legislation: Ords. 246, 734, 815, 1019, 1029, 1040, 1111, 1209, 1229, 1275, 1403, 1480, 1483, 1592, 1662, 1752 and 1815.