Chapter 5.03
GENERAL PROVISIONS FOR REGULATORY LICENSES

Sections:

5.03.010    PURPOSE.

5.03.020    ADMINISTRATIVE PROVISIONS.

5.03.030    DEFINITIONS.

5.03.040    LICENSE REQUIRED - APPLICATIONS.

5.03.050    LICENSE ISSUANCE - FEES.

5.03.060    GROUNDS FOR DENIAL OR REVOCATION OF LICENSE.

5.03.070    DENIAL AND REVOCATION - PROCEDURE.

5.03.080    FACILITY STANDARDS.

5.03.090    OPERATING REQUIREMENTS.

5.03.100    SALE OR TRANSFER OR CHANGE OF LOCATION.

5.03.110    APPLICABILITY.

5.03.120    RULEMAKING.

5.03.130    ADDITIONAL LICENSES.

5.03.140    UNLAWFUL - VIOLATIONS AND PENALTIES.

5.03.010 PURPOSE.

(a)    It is expressly the purpose of this chapter to regulate and license certain business activities which may be injurious to public health and safety and which may affect the social well-being of the City and its residents.

(b)    This chapter is not intended to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted by the terms of this chapter.

(c)    It is the specific intent of this chapter to place the obligation of complying with its requirements upon the license holder or applicant for a license. No provision of, nor term used in, this chapter is intended to impose any mandatory duty upon the City or any of its officers or employees.

(d)    Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the City, or its officers, employees or agents, for any damage resulting from the failure of the license holder or applicant for a license to comply with the provisions of this chapter, or by reason of or in consequence of any act or omission in connection with the implementation or enforcement of this chapter on the part of the City by its officers, employees or agents. (Ord. 4859 §3 (in part), 2003; Ord. 4162 §1, 1988)

5.03.020 ADMINISTRATIVE PROVISIONS.

The provisions contained in Chapter 3.86 BMC shall be fully applicable to the provisions of this chapter except as expressly stated to the contrary herein. (Ord. 4859 §3 (in part), 2003; Ord. 4162 §1, 1988)

5.03.030 DEFINITIONS.

For the purposes of this chapter, the definitions contained in Chapter 3.48 BMC shall apply equally to the provisions of this chapter as applicable unless the term is defined otherwise in this chapter. (Ord. 4859 §3 (in part), 2003)

5.03.040 LICENSE REQUIRED - APPLICATIONS.

The provisions of this chapter shall apply whenever a regulatory license is required by a chapter in this title. The licensee shall be the person or entity who owns the business. Where the license applicant is a corporation, the term "applicant" shall include principal officers and managers. Where the license applicant is a partnership, the term "applicant" shall include principal partners and managers. Applications shall be filed with the Tax and Licensing Division. Each applicant shall provide, at a minimum, the following information:

(a)    True name and any assumed names or aliases used.

(b)    Home address and telephone number.

(c)    Sex, weight, height, color of eyes and hair.

(d)    Date of birth.

(e)    A copy of applicant’s identification which must include some form of picture identification, i.e., a driver’s license or Washington State identification card.

(f)    The business occupation and/or employment history of the applicant for the five (5) years immediately preceding the date of application.

(g)    Residence address(es) of the applicant for the five (5) years preceding the date of application.

(h)    The business name, business address, and telephone number of the proposed business.

(i)    A listing and explanation of all services to be provided.

(j)    A description of any other business activity to be conducted on the premises or adjoining premises owned and controlled by the applicant.

(k)    The principal enterprise of the business if different from the activity being licensed.

(l)    Whether the applicant has ever been convicted, forfeited bail, or pled guilty to any crime, excluding minor traffic offenses. If so, state the charge and the nature of the crime, the name and location of the convicting court and the disposition thereof.

(m)    Written declaration by the applicant under penalty of perjury, that the foregoing information contained in the application is true and correct, said declaration being duly stated and signed.

(n)    Such other relevant identification and information necessary as the Director may reasonably require to discover the truth of statements made in the application.

(o)    Authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the license. (Ord. 5343 §11, 2017: Ord. 4859 §3 (in part), 2003; Ord. 4162 §1, 1988)

5.03.050 LICENSE ISSUANCE - FEES.

(a)    Applications for regulatory licenses must be received by the Tax and Licensing Division at least three (3) weeks prior to issuance.

(b)    License fees will be due upon application.

The City Council shall establish appropriate fees pursuant to Chapter 3.01 BMC. (Ord. 5343 §12, 2017: Ord. 4859 §3 (in part), 2003; Ord. 4162 §1, 1988)

5.03.060 GROUNDS FOR DENIAL OR REVOCATION OF LICENSE.

In addition to the other penalties provided by law, any regulatory license issued under the provisions of this title may be denied or revoked pursuant to the provisions of this chapter at any time, where:

(a)    The required information has not been provided or the correct license fee has not been tendered to the City and in the case of a check or bank draft, not honored with payment upon presentation.

(b)    The application is not in compliance with Federal, State or local laws.

(c)    The license was procured by fraud, false representation or material omission of fact, or for the violation of or failure to comply with any of the provisions of this title by the person holding such license, or any of his servants, agents or employees, while acting within the scope of their employment.

(d)    The licensee or employee of the licensee violates any of the provisions of the applicable chapter under this title or any applicable City, State or Federal law, including, but not limited to, Chapters 3.48, 3.50, 3.86 and 5.02 BMC, or the purpose for which the license was issued is being abused to the detriment of the public, or such license is being used for a purpose different from that for which it was issued.

(e)    The licensee submits a false or fraudulent City tax return or makes a false statement on any City tax return.

(f)    The licensee fails to pay any license fee or tax to the City when due including, but not limited to, any taxes pursuant to BMC Title 3.

(g)    The licensee or employee has been convicted of a crime involving the business.

(h)    The applicant is not eighteen (18) years of age or older. (Ord. 4859 §3 (in part), 2003; Ord. 4162 §1, 1988)

5.03.070 DENIAL AND REVOCATION - PROCEDURE.

(a)    Any application for the issuance or renewal of a license issued under this title may be denied, or any license issued under this title may be revoked based on one or more of the grounds set forth in BMC 5.03.060.

(b)    The Director, or designee, ("Director") having the authority to issue said license shall have the power and authority to deny the issuance of or revoke any license issued under the provisions of this title. The Director shall notify such licensee in writing by certified mail or personal service of the denial or revocation of his or her license application or license and the grounds therefor.

(c)    Any applicant or licensee may, within fourteen (14) calendar days from the date that the denial or revocation notice was mailed to the applicant or licensee, appeal from such denial or revocation by filing a written notice of appeal setting forth the grounds therefor with the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC. A filing fee as set forth in Chapter 3.01 BMC 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 2.13 BMC. After the hearing thereon the Administrative Hearing Examiner shall, after appropriate findings of fact, and conclusions of law, affirm, modify, or overrule the denial or revocation and order issuance or reinstatement of the license, and may impose any terms thereupon.

(d)    No renewal or revocation of a license issued pursuant to the provisions of this chapter shall take effect until fourteen (14) calendar days after service of the notice thereof by the Director, and if the appeal is timely filed, the renewal or revocation shall be stayed pending final action by the Administrative 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 Administrative Hearing Examiner shall be final. The applicant or licensee and/or the City may seek review of the decision by the Superior Court of Washington in and for Kitsap County within twenty-one (21) calendar days from the date of the decision. 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 Director. Upon revocation of any license as provided in this chapter, no portion of the license fee shall be returned to the licensee.

(g)    Upon denial or revocation, the person whose application was denied or license revoked shall not be granted a license for a business, upon any new application that may be made, for a period of ninety (90) calendar days from date of denial or revocation and further, no license shall be issued until such person cures any defaults that resulted in the denial or revocation.

(h)    A denial or revocation of a general business license pursuant to Chapter 5.02 BMC shall constitute an automatic denial or revocation of a related regulatory license issued under this title to the business for which the general business license was issued, and the procedures set forth in this section shall not be applicable. (Ord. 4859 §3 (in part), 2003; Ord. 4162 §1, 1988)

5.03.080 FACILITY STANDARDS.

It shall be the duty of the licensee and its employees to comply with fire, building, land use, sanitation and health regulations. (Ord. 4859 §3 (in part), 2003; Ord. 4162 §1, 1988)

5.03.090 OPERATING REQUIREMENTS.

It shall be the duty of the licensee and its employees to meet the following operating requirements:

(a)    The regulatory license shall be prominently posted in a location of public view in the licensee’s place of business at all times and such permit shall not be tampered with in any manner.

(b)    No establishment granted a license under the provisions of this chapter shall place, publish or distribute or cause to be placed, published or distributed any advertisement, picture or statement which is known or through exercise of reasonable care should be known to be false, deceptive or misleading in order to induce any person to purchase or utilize goods or services of the business.

(c)    No person granted a license pursuant to this chapter shall operate the establishment under a name not specified on the license nor shall that person conduct business at any location not specified on the license. (Ord. 4859 §3 (in part), 2003; Ord. 4162 §1, 1988)

5.03.100 SALE OR TRANSFER OR CHANGE OF LOCATION.

Upon sale, lease, transfer, or relocation of a business, the regulatory license thereof shall be null and void. (Ord. 4859 §3 (in part), 2003; Ord. 4162 §1, 1988)

5.03.110 APPLICABILITY.

All persons who are required to be licensed by this chapter shall be subject to all of the conditions and requirements of this chapter, whether they actually obtain the licenses required or not. (Ord. 4859 §3 (in part), 2003; Ord. 4162 §1, 1988)

5.03.120 RULEMAKING.

The Director shall have the authority to adopt, publish, and enforce rules not inconsistent with law for the purpose of carrying out the provisions hereof and it shall be unlawful to violate or fail to comply with any such rule. (Ord. 5343 §13, 2017: Ord. 4859 §3 (in part), 2003; Ord. 4162 §1, 1988)

5.03.130 ADDITIONAL LICENSES.

The issuance of a license under this chapter shall not relieve the licensee from securing any other licensee from securing any other license(s) required by Federal, State or local law. (Ord. 4859 §3 (in part), 2003; Ord. 4162 §1, 1988)

5.03.140 UNLAWFUL - VIOLATIONS AND PENALTIES.

(a)    It shall be unlawful:

(1)    For any person to engage in business without having obtained a regulatory license as required in this title or for a person to engage in business after denial of a license application or renewal or after revocation of a regulatory license.

(2)    For the president, vice-president, secretary, treasurer, or other officer of any company to engage in business without having obtained a regulatory license as required in this title or for a person to engage in business after denial of a regulatory license application or renewal or after revocation of a regulatory license.

(3)    For any person to violate any provision of this chapter.

(b)    Nonpayment penalty. Failure to pay the license fee within ninety (90) days after the date of expiration shall subject the licensee to a monetary penalty in the amount of fifty dollars ($50.00) to reinstate the license, in addition to the required license fee.

(c)    Civil penalties. In addition to any other violation set forth in this title, any violation of subsection (a) of this section constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and enforcement may be required as provided therein.

(d)    Criminal penalties. In addition to the foregoing penalties or any violation set forth in Chapter 3.86 BMC relating to the administration of this chapter, any person who violates or fails to comply with subsection (a) of this section shall, upon conviction, be punished as described in the general criminal penalty provisions of BMC 1.12.020(2). Such person will be guilty of this violation for each day, or portion thereof, during which the business is so engaged or carried on. (Ord. 4859 §3 (in part), 2003)