Chapter 5.02
LICENSE SUSPENSION AND REVOCATION
Sections:
5.02.010 Suspension grounds--Term and effect.
5.02.030 Notice--Effectiveness.
5.02.040 Civil penalty for violations.
5.02.060 Enjoinment of violations.
5.02.070 Superseded provisions.
5.02.010 Suspension grounds--Term and effect.
The clerk-treasurer may suspend any license issued by the city pursuant to an application for any activity which constitutes a ground for revocation of this license pursuant to Section 5.02.020. This suspension shall be for a period of thirty days for the first violation and sixty days for a second violation within a two-year period immediately preceding the event for which the action is taken. During the period of suspension, the licensee shall not undertake any activities within the corporate limits of the city which would require the possession of the license suspended. (Ord. 765 §1, 1983).
5.02.020 Revocation grounds.
The clerk-treasurer may revoke a license issued pursuant to the authority of the city under any application made to the city upon the following grounds:
A. When there is a violation of the ordinance under which the license is issued;
B. If the license was procured by fraud or false representation of any fact;
C. The licensee is convicted by any court of competent jurisdiction of having violated a criminal ordinance or statute during the course of activities authorized by the license;
D. The action to suspend the license would result in more than two suspensions for violations of this chapter within the two-year period immediately preceding the event for which the action is taken. (Ord. 765 §2, 1983).
5.02.030 Notice--Effectiveness.
A. In the event the clerk-treasurer determines that there is cause for suspending or revoking any license issued by the city pursuant to the grounds specified in Section 5.02.010, the person holding the license shall be notified of the intended suspension or revocation by certified mail, return receipt requested. Notice mailed to the last business address on file with the city shall constitute sufficient notice and service.
The notice shall specify the grounds for the suspension or revocation and the term of the suspension or revocation and shall further notify the licensee of the right to appeal the suspension or revocation and the procedure to be utilized therefor. The inclusion of a copy of this section shall be deemed a satisfactory explanation of the procedure of appeal.
B. The notice of revocation or suspension shall become effective ten days from the date of the first attempt of the United States Postal Service to deliver the notice to the address specified in subsection A of this section or, in the case of personal service, ten days from the date of service; provided, that in the event the licensee files a written request for a hearing with the city council within such period, the suspension or revocation shall be stayed until the hearing on appeal shall have occurred. The notice shall be deemed served upon the council by serving it upon the office of the clerk-treasurer. In the event that the licensee does not file such a request within the aforementioned period, the license of the licensee shall be suspended or revoked as provided in the notice served upon the licensee. (Ord. 765 §3, 1983).
5.02.040 Civil penalty for violations.
A. In addition to or as an alternative to any other penalty provided in this code or by law, any person who violates any provision of the license issued pursuant to the authority of the city shall be subject to a civil penalty, in an amount not to exceed two hundred fifty dollars per violation, to be directly assessed by the clerk-treasurer. In determining the civil penalty to be assessed, the clerk-treasurer shall consider the following factors:
1. The seriousness of the violation;
2. The number of past and present violations committed;
3. The good faith of the violator in attempting to achieve compliance after notification of the violation;
4. Such other factors as may be deemed necessary and appropriate.
B. Upon determination of the civil penalty to be imposed, the clerk-treasurer shall give notice to the licensee in the manner provided by Section 5.02.030 in relation to suspension and revocation of license. Any person aggrieved by the amount of the penalty established by the clerk-treasurer may request a hearing before the city council from such establishment by filing a written notice of request for hearing in the same manner provided for a hearing or appeal from the notice of suspension or revocation.- (Ord. 765 §4, 1983).
5.02.050 Appeal hearing.
A. At a hearing before the council held in relation to a request made pursuant to either Sections 5.02.030 or 5.02.040, the appellant shall be entitled to be heard and to introduce evidence in its behalf. The clerk-treasurer or the clerk-treasurer’s designee shall present such evidence in support of the action as may be deemed necessary and appropriate. The council thereupon shall issue its decision in writing which may affirm, reverse or modify the decision of the clerk-treasurer. The licensee shall be notified by mail of the decision of the council. The decision of the council shall be final in relation to the imposition of any monetary civil penalty. The decision of the council in relation to the suspension or revocation of any license may be appealed to the Superior Court of the State of Washington in and for the County of Grays Harbor so long as such appeal is filed with the court within ten days of the issuance of the written decision. Upon appeal, the decision of the council shall be affirmed unless it is determined by the court that the decision of the council was arbitrary and capricious.
B. The mayor may, by subpoena, require the attendance at such hearing of any person and may also require any person to produce any pertinent book or record. Any person served with such a subpoena shall appear at the time and place therein stated and produce the books and records required, if any. The person shall further testify truthfully under oath administered by the clerk-treasurer as to any matter required of the person in relation to the matter before the council. It is unlawful for any person to fail to appear pursuant to such a subpoena issued by the mayor and it is further unlawful for any such person to fail or refuse to produce the required books and records or to testify truthfully under oath. (Ord. 765 §5, 1983).
5.02.060 Enjoinment of violations.
Notwithstanding the existence, availability or use of any other remedy, the clerk-treasurer or the council may seek legal or equitable relief to enjoin any acts or practices with the licensee which constitute or will constitute a violation of any provision of any license ordinances or other regulations or statutes relating to the operation of such licensee’s business. (Ord. 765 §6, 1983).
5.02.070 Superseded provisions.
It is the intention of the council that the provisions of this chapter shall constitute the exclusive means under which a license issued by the city is subject to suspension or revocation or the imposition of a civil penalty against any licensee or any licensee’s appeal. It shall, therefore, be deemed that this chapter repeal by implication and supersede any ordinance of the city existing as of the effective date of the ordinance codified in this chapter to the extent that such ordinance is inconsistent with the provisions of this chapter. (Ord. 765 §8, 1983).