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HomeMy WebLinkAboutORD 5704CITY OF RENTON, WASHINGTON ORDINANCE NO. 5704 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS 5-5-1, 5-5-2, 5-5-3 AND 5-5-6 OF CHAPTER 5, BUSINESS LICENSES, OF TITLE V (FINANCE AND BUSINESS REGULATIONS) OF THE RENTON MUNICIPAL CODE, BY REVISING RMC 5-5, BUSINESS LICENSES, INCLUDING ADDING AND DELETING DEFINITIONS, ADDING REGULATIONS RELATED TO REVOCATION OF BUSINESS LICENSES FOR CHRONIC NUISANCE PREMISES, AND DECLARING AN EMERGENCY. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 5-5-1, Exercise of Revenue License Power, of Chapter 5, Business Licenses, of Title V (Finance and Business Regulations) of the Renton Municipal Code, is amended as follows: The provisions of this Chapter shall be deemed an exercise of the power of the City to license for revenue and regulation. These powers include, but are not limited to, an inherent and necessary power to audit records to determine appropriate tax and/or reporting units or fee amounts. The provisions of this Chapter prescribing license fees shall be strictly construed in favor of the applicability of the license fee. SECTION II. Section 5-5-2, Definitions, of Chapter 5, Business Licenses, of Title V (Finance and Business Regulations) of the Renton Municipal Code, is amended as follows: Words are to be given their usual meaning. When not inconsistent with the context, words in the singular number shall include the plural, and the plural shall include the singular, and words in one gender shall include all other 1 ORDINANCE NO. 5704 genders. The word "shall" is always mandatory and not merely directory. In construing the provisions of this Title, except when otherwise declared or clearly apparent from the context, the following definitions shall be applied: A. ABATE: To clean, eliminate, remove, repair or otherwise remedy a condition that amounts to a nuisance or chronic nuisance under RMC Chapter 1- 3 and/or RMC Chapter 5-5 by such manner, means, and to the extent as an Administrator or law enforcement officer determines is reasonably necessary to protect the general health, morals, safety and welfare of the City of Renton. B. ACT: Doing, finishing, performing, or preparing to do something. C. ADMINISTRATOR: Unless otherwise specified. Administrator shall mean the Administrative Services Administrator or designee. D__BUSINESS: All activities, occupations, trades, pursuits, professions and matters located or engaged in within the City or anywhere else within the City's jurisdiction with the object of gain, benefit, advantage or profit to the business enterprise or to another person, directly or indirectly. E. BUSINESS ENTERPRISE: Each location at which a person engages in business within the City of Renton. F. BUSINESS LOCATED OUTSIDE THE CITY: A business enterprise with a permanent location outside the City, but with no permanent location within the City. G. CALLS FOR SERVICE: Calls or communications to 911, including but not limited to Valley Communications, and/or calls or communications directly to the 2 ORDINANCE NO. 5704 Renton Police Department or one of its officers, or the viewing of an offense by an officer. Calls for service, as that term is used in the definition of "chronic nuisance premises," does not include incidents that are unrelated to the chronic nuisance premises, its resident(s), owner(s), guest(s), patron(s), or calls for general information. H. CHRONIC NUISANCE PREMISES: a. As it relates to a building, structure or business used for commercial, retail, or entertainment purposes, or the area within two hundred feet (200') of such premises, including businesses regulated by the Liquor Control Board, and including public, private, commercial or industrial parking lots within two hundred feet (200') of such premises, Chronic Nuisance Premises means a property on which any of the following exists or occurred: i. Six (6) or more calls for service occur or exist during any sixty (60)- day period; or ii. Ten (10) or more calls for service occur or exist during any one hundred and eighty (180)-day period; or iii. Fourteen (14) or more calls for service occur or exist during any twelve (12)-month period. b. Any action against a "Chronic Nuisance Premises" and/or its owner, managing agent or person in control for a violation under subsection 5-5-2.H shall not preclude the use any other subsection of this section or any other section of the RMC. 3 ORDINANCE NO. 5704 I CITY: The City of Renton. J. CODE COMPLIANCE INSPECTOR (CCD or CODE ENFORCEMENT OFFICER (CCO): Any person authorized by an Administrator to investigate or inspect for code violations. K. CONTROL: The ability to dominate, govern, manage, own or regulate a premises, or the conduct that occurs in or on a premises. L DRUG-RELATED ACTIVITY: Any activity at a premises that violates Chapter 69.41 RCW (Legend Drugs), Chapter 69.50 RCW (Uniform Controlled Substances Act), Chapter 69.51A (Medical Marijuana) or 69.52 RCW (Imitation Controlled Substances), Chapter 69.53 RCW (Use of Buildings for Unlawful Drugs) or any applicable federal, state or local law regulating the same general subject-matter, as they currently exist or may be amended. M. EMERGENCY: Any situation which an Administrator or law enforcement reasonably believes requires immediate action to prevent or eliminate an immediate threat to public health, morals, safety, or welfare of persons or property in the City of Renton. N. EMPLOYEE: Any person employed at any business enterprise who performs any part of his duties within the City, except casual laborers not employed in the usual course of business. A sole proprietor is not an "employee". All officers, agents, dealers, franchisees, etc., of a corporation or business trust, and all but one partner of a partnership (except limited partners), are "employees" within this definition. 4 ORDINANCE NO. 5704 0. ENGAGING or ENGAGE IN BUSINESS: Commencing, conducting or continuing in any business. P. FULL-TIME EMPLOYEE: An employee working more than one thousand six hundred (1,600) hours per annum, including legal holidays and vacation time, dtmng the twelve (12) month period upon which the license fee is computed Full-time employee or full-time equivalent employee shall have the same meaning as defined under 5-1-l.D. Q. GENERAL PUBLIC: The City of Renton, any of its communities or neighborhoods, or more than one (1) citizen, neighbor and/or their guest(s). R. HEARING EXAMINER: An individual authorized to hear administrative appeals and designated matters for the City of Renton. S. INCURRED EXPENSE: Includes, but is not limited to, actual, direct or indirect, appeal costs, fees and expenses; attorney, expert, filing and litigation costs, fees and expenses; hearing costs and expenses; copy, documentation, and investigation costs and expenses; notice, contract and inspection costs and expenses; personnel expenses; hauling, disposal and storage costs and expenses; preparation, travel and parking costs, fees and expenses; photocopying, mailing and service costs and expenses. All such costs and expenses shall constitute a lien against the affected property, as set forth in RMC 1-3-3.G.6, as it exists or may be amended. 5 ORDINANCE NO. 5704 T. MATERIAL STATEMENT: Any written or oral statement reasonably likely to be relied upon by a public servant in the discharge of his or her official powers or duties. U. MONETARY PENALTY: Any cost, fines or penalties related to violation of this Chapter, including but not limited to actual fines or penalties to be paid as a result of a nuisance. V. NUISANCE or NUISANCE VIOLATION: is defined in RMC 1-3-3.B, as it exists or may be amended, and as applicable, that definition applies in RMC 5-5. W PART-TIME EMPLOYEE: An employee working less than full time e«e thousand six hundred (1,600) hours per annum, including legal holidays and vacation time, during the twelve (12) month period upon which the license fee is computed. X. PERSON: An individual natural person, a sole proprietor, partnership, corporation or a person acting in a fiduciary capacity. PROFESSIONAL or SEMI PROFESSIONAL: Those persons who are primarily engaged in the business of rendering any type of service including, but not limited to, the following: doctor of medicine; other healing art or science; dentist or dental technician; attorney at law; licensed or registered engineer; surveyor; certified or licensed public accountant; bookkeeper; tax or business consulting service; real estate broker or agency; insurance broker, agent or representative and other brokerage businesses; funeral director or mortuary; optometrist; architect or designer; optician; ophthalmologist; pharmacist; operator, manager 6 ORDINANCE NO. 5704 or any other business enterprise; conducting any state? or national bank, building and loan association, savings and loan association, and any other financial institution rendering a special or multiple typo of professional or semi professional service to the general public; specialized private training schools in aviation, salesmanship and music when conducted in a separate place of business and having an average of twenty (20) or more students per week; or- other specialized training schools teaching or instructing in special skills or trades; or any other similar activity conducted by, supervised or operated by a business enterprise which offers to members of the public the business of rendering any type of service. QUARTERLY PERIOD: Each throe (3) month period of the calendar year: January 1 through March 31, April 1 through June 30, July 1 through September 30 and October 1 through December 31 of each year. Y. REPORTING PERIOD: The full previous twelve (12) months, starting from the first day of the quarter within four (4) full calendar quarters, which immediately precede the anniversary or expiration date of application for City of Renton the business license fails. Z. TEMPORARY or PORTABLE SALES: A business enterprise with no permanent location either within or outside of the City, but which engages in business within the City. 7 ORDINANCE NO. 5704 SECTION III. Subsection 5-5-3.A, General Business License, of Chapter 5, Business Licenses, of Title V (Finance and Business Regulations) of the Renton Municipal Code, is amended as follows: A. General Business License Required: Every business enterprise, including but not limited to seasonal, temporary, or portable sales businesses, shall first obtain, from the City of Renton, a general business license for the current calendar year or unexpired portion thereof. The general business license shall not be transferable. SECTION IV. Subsections 5-5-3.B.l and 5-5-3.B.2 of subsection 5-5-3.B, Issuance of License, of Chapter 5, Business Licenses, of Title V (Finance and Business Regulations) of the Renton Municipal Code, are amended as follows: 1. All general business licenses shall be issued by the Administrative Services Administrator. The Administrative Services Administrator shall keep a register thereof of all the business licenses issued by the City of Renton. Each license shall be numbered, and shall show the name, place and character type of business and sueb any other information as the Finance Administrator shall deem necessary. 2. The license holder sfraU is required to ensure that at all times the license be posted in the place of business for which it is issued, or in the case of a business enterprise with a temporary or portable sales location, be carried on the person of the holder thereof at all times during business hours or while such 8 ORDINANCE NO. 5704 business is being carried on, and shall be displayed at the request of any interested person or City official or representative. SECTION V. Subsections 5-5-3.C.7 through 5-5-3.C.ll, of subsection 5-5-3.C, License Fee, of Chapter 5, Business Licenses, of Title V (Finance and Business Regulations) of the Renton Municipal Code, are amended as follows: 7. Due Dates: Business Annual business license fees are due one month following by the last day of the reporting period month of the anniversary or expiration of the current license. Quarterly license fees are due by the last day of January, April, July and October. 8. Reporting Periods: Business license fees are calculated for the reporting period. The Administrative Services Administrator may set quarterly payment schedules and due dates for business license fees on an exceptional basis. Reporting periods are as follows: for annual business licenses shall be the four (4) complete calendar quarters preceding the due date. The reporting period for quarterly licenses shall be the calendar quarter preceding each quarterly due date- Reporting Period 1: Anniversary date of the businesses original application for a City business license falls within January 1st through March 31st. Reporting Period 2: Anniversary date of the busincss's original application for a City business license falls within April 1st through June 30th. Reporting Period 3: Anniversary date of the busincss's original application for a City business license falls within July 1st through September 30th. 9 ORDINANCE NO. 5704 Reporting Period 1: Anniversary date of the busincss's original application for a City business license falls within October 1st through December 31st. 9. Expiration: Unless otherwise established by the Administrative Services Administrator, a business license is valid for a period of one (1) year and shall expire on the last day of the month fetiewing its reporting period of the anniversary date of the initial business license issuance or the expiration date as stated on the face of the license. A business license with an approved quarterly reporting plan shall expire on the last day of January, April, July and October if the quarterly report and payments are not received by these dates. 10. Location of Business and Employees: a. Presumption: For purposes of this section, any business operating within the City limits of the City of Renton shall be deemed to have all of its employees working within the City limits of the City of Renton. b. Working Outside City: For any employees whose nominal place of business is within the City limits of the City of Renton, all hours will be presumed to be worked within the City and subject to this fee. Any employee regularly reporting to work within the City limits shall have all of that employee's time subject to this fee, even if portions of the employee's time are spent outside the City of Renton (for example, a realtor or outside salesperson). For an employee normally employed within the City of Renton who, for extended periods of time, reports to work outside the City of Renton, for example, a contractor's employees reporting directly to job sites, then the employer may by affidavit 10 ORDINANCE NO. 5704 report the number of hours actually worked within the City or the percentage of time within the City based upon one thousand nine hundred twenty (1,920) hours annually and pay the annual license fee based upon those figures. c. Short Term Employment Within City or Temporary License: A temporary ninety (90) calendar day license may be purchased for twenty five fifty dollars ($^50.00) pef for each FTE or for each four hundred and eighty (480) worker-hours during the ninety (90) calendar day period, or as prescribed in the City's Fee Schedule. The expiration date of the license shall be ninety (90) calendar days from date of issuance. The temporary business license may only be purchased by businesses with fifty (50) or fewer FTE. The license may be renewed at the same fee of twenty five dollars ($25.00) applicable pef FTE rate for successive ninety (90) calendar day periods. Renewal forms will not be sent to short term business licensees. Renewals must be at the request of licensee. All late fees and penalties apply. 11. Any payment not made before within one (1) month following the due date as defined herein shall be cause for the automatic revocation of the business license. 12. The Administrator shall have the authority to inspect business premises, and review or audit business records with reasonable prior notice. SECTION VI. Subsection 5-5-3.D, Renewal Notice, of Chapter 5, Business Licenses, of Title V (Finance and Business Regulations) of the Renton Municipal Code, is amended as follows: 11 ORDINANCE NO. 5704 D. Renewal Notice: The Administrative Services Administrator is authorized City may, but is not required, to mail to business enterprises forms for license applications for licenses or renewal forms, but failure of the business enterprise to receive any such form shall not excuse the business enterprise from making application for and securing the license required and payment of paving the license fee when and as due hereunder. SECTION VII. Section 5-5-3, General Business License, of Chapter 5, Business Licenses, of Title V (Finance and Business Regulations) of the Renton Municipal Code, is amended to add a new subsection 5-5-3.F, to be entitled Revocation (General or Emergency), to read as shown below. The remaining subsections shall be re-lettered accordingly. F. Revocation (General or Emergency): 1. A business license may be revoked if the commercial, entertainment or retail business, or the owner(s), person(s) in control, or the managing agent(s) of the business, permit, suffer, maintain, carry on or allow upon or within two hundred feet (200') such business activities that meet or exceed the criteria identified in RMC 5-5-2.A (CHRONIC NUISANCE PREMISES). If the person in control is not the legal owner, the person in control and owner are both jointly liable for any Chronic Nuisance Premises. Both the owner and person in control are subject to the provisions and remedies in RMC 5-5 and RMC 1-3-3. Application of either of these chapters against one party does not preclude application to another party who is an owner or person in control of a Chronic Nuisance Premises. 12 ORDINANCE NO. 5704 In the event that a business meets the criteria of a Chronic Nuisance Premises, the owner of the business or property may have a hearing under 5-5- 3.1.3. 2. A business license may be immediately revoked and the business closed if the commercial, entertainment or retail business, or the person(s) in control, or the managing agent(s) of the business permit, suffer, maintain, carry on or allow upon or within two hundred feet (200') of such business activities which amount to an emergency that an Administrator or law enforcement reasonably believes requires immediate action to prevent or eliminate an immediate threat to public health, morals, safety, or welfare of persons or property in the City of Renton. In the event that a business license is revoked due to an emergency, the owner(s) may have a single hearing under 5-5-3.1.3 at the earliest possible time after the license revocation and closure of the business. SECTION VIII. Subsection 5-5-3.G, Penalties, which is currently codified as 5-5-3.F, of Chapter 5, Business Licenses, of Title V (Finance and Business Regulations) of the Renton Municipal Code, is amended as follows: FG. Penalties: 1. There shall be a penalty of The penalty to reinstate any license revoked through nonpayment shall not be less than twe-frty fifty dollars ($2-050.00) te reinstate any license revoked through nonpayment plus payment of all license fee amounts still owing and monetary penalty prescribed in subsection 3 below. A license is reinstated when any license holder seeks a license to continue the 13 ORDINANCE NO. 5704 same business or a substantially similar business at some location within the City. There shall be a presumption that the business is substantially the same if the owner or ownership is the same or substantially the same. 2. There shall further be a The penalty for failure to obtain a business license shall el not be less than two hundred and fifty dollars ($250.00) or as prescribed in the City's Fee Schedule for failure to obtain a business license, plus payment of all license fee amounts still owing that should have been paid for the last three (3) years, as determined by the Administrator, plus a penalty of twenty percent (20%) per annum for all amounts owing, plus any accounting, legal or administrative expenses incurred by the City in determining the nonreporting unreported, or the unpaid portion over the last three (3) years or in collecting the tax and/or the penalty. 3. Monetary Penalty: Failure to pay the license fee within one day after the day on which it is when due and payable pursuant to subsection C7 of this section shall render the business enterprise subject to a penalty of five percent (5%) of the amount of the license fee for the first month of the delinquency and an additional penalty of five percent (5%) for each succeeding month of delinquency, but not exceeding a total penalty of twenty_five percent (25%) of the amount of such license fee. 4. Collection: Any license fee or tax due and unpaid and delinquent under this Chapter, and all penalties thereon may be collected by civil action, which remedy shall be in addition to any and all other existing remedies and penalties. 14 ORDINANCE NO. 5704 5. Denial, Suspension or Revocation of License:. a. The Administrative Services Administrator may deny, suspend any license application and/or revoke any license issued pursuant to this Chapter to any business enterprise or other person license holder who: i. is in default in any payment of any license fee hereunder, or who shall fail to comply with any of the provisions of this Chapter, to the City, except for current taxes and other obligations not past due; ii. has obtained a license or permit by fraud, misrepresentation, or concealment; iii. is or has been convicted of, forfeits bond upon, or pleads guilty to any felony offense directly related to the operation of the applicant's or license holder's business; iv. makes false statements, misrepresentations or fails to disclose material facts to the City related to any permits or applications; v. violates or allows employees, visitors, or patrons to violate federal, state, or municipal law; or violates any land use, building, safety, fire or health regulation on the premises in which the business is located. b. Based on a Chronic Nuisance Premises finding by the Administrator or by a court of competent jurisdiction, the business license revocation period shall be as follows: i. Ten (10) calendar days for a finding of a Chronic Nuisance Premises as defined in RMC 5-5-2.H.a.i. 15 ORDINANCE NO. 5704 ii. Thirty (30) calendar days for a finding of a Chronic Nuisance Premises as defined in RMC 5-5-2.H.a.ii. iii Ninety (90) calendar days for a finding of a Chronic Nuisance Premises as defined in RMC 5-5-2.H.a.iii. iv. Any offense that amounts to more than a nuisance, including but not limited to class A or B felonies, may result in revocation that is not limited to subsections 5-5-3.G.5.b.i, ii or iii, and other penalties and/or punishments consistent with the RMC and/or the RCW. v. As the objective of this subsection is to encourage compliance, if the business enterprise and/or the person or persons who are responsible or in control of the business enterprise abate the condition(s) that created, caused, permitted, allowed, or necessitated the calls for service to the satisfaction of the Administrative Services Administrator in consultation with the City of Renton Police Chief, the remaining period of revocation shall be waived and the license, subject to the payment of all applicable fees, penalties, and costs, shall be reissued. vi. If any business enterprise or person or persons who are responsible or in control of the business enterprise create, cause, permit or allow incidents that amount to two (2) or more Chronic Nuisance Premises findings as defined by RMC 5-5-2.H.a.iii, Renton may suspend that license for one (1) year, without the opportunity to abate, and Renton may consider the circumstances and findings in any future application request by any person associated with the 16 ORDINANCE NO. 5704 offending business enterprise or the person or persons who were responsible or in control of the offending business enterprise. cJMotice of such denial, suspension, or revocation shall be mailed to the license holder by the Administrative Services Administrator, and on and after the that date thereof any such business enterprise who that continues to engage in business shall be deemed to be operating without a license and shall be subject to any and all cures and penalties heroin available to the City, including but is not limited to those remedies, cures and penalties provided in this Title or the RCW. 6. Infraction: It shall be illegal for any business enterprise and/or license holder to fail to obtain or maintain a business license and yet conduct business within the City limits of the City. Such failure Each business, its owner or agent who fails to obtain or maintain a business license, in addition to the fines/penalties contained in RMC 5-5-3.G.2 as it exists or may be amended, is hereby declared to be a public nuisance, and the business owner shall be guilty of a civil infraction, and subject to the penalties of RMC 1-3-2, as it exists or may be amended. 7. Order to Close Business and Appeal: Any Renton police officer, code compliance officer, or any designee of the Administrative Services Administrator may serve a notice ordering a business to close and discontinue operation of any business in the City which has failed to obtain or maintain operates without a valid business license, or violates any provision in subsection G.5 above. That notice may be served in person or by certified mail, return receipt requested. 17 ORDINANCE NO. 5704 The notice shall indicate the reason(s) that the business is ordered to close until all violations are cured and it obtains a currently valid business license. The notice shall also state that the business owner or operator shall have the right to appeal the notice to the Administrative Services Administrator or his/her designee by serving a written notice of appeal on the Administrative Services Administrator or his/her designee within ten (10) calendar days of receipt of a served notice of closure, or within thirteen (13) calendar days of mailing of a mailed notice of closure. The written notice of appeal shall state the reasons why the closed business need not obtain a business license or proof that the business has a business license provide information that proves the Administrator's basis for such closure was incorrect. The Administrative Services Administrator or the Administrator's designee shall then determine whether or not the business is exempt from the City's licensing requirement^ or has a currently valid business license, or if all violations have been cured. If the Administrative Services Administrator or the Administrator's designee cannot make these findings finds that the business has not corrected the violations, the Administrator, then there shall be enter an order entered affirming the order to close the business. Any appeal decision shall be reduced to writing and a copy provided to the appellant either in person or by mail. Any further appeal of the appeal decision shall be by writ of certiorari to the King County Superior Court made served on the City's Hearing Examiner within twenty (20) calendar days of the appeal decision. 18 ORDINANCE NO. 5704 8. Prior to issuing or reissuing a license all back fees and penalties must shall be paid. SECTION IX. Subsection 5-5-3.H, General Business License Application; Public Record, which is currently codified as 5-5-3.G, of Chapter 5, Business Licenses, of Title V (Finance and Business Regulations) of the Renton Municipal Code, is amended as follows: GH. General Business License Application; Public Record: 1. General business license applications made to the Administrative Services Administrator pursuant to this Chapter shall be public information subject to inspection by all persons except to the extent those records may be deemed to be private or would result in unfair competitive disadvantage to the business enterprise if disclosed as more particularly defined in Chapter 42.17 RCW 42.56 (Public disclosure act), as it exists or may be amended. 2. It shall be unlawful and a gross misdemeanor under RCW 9A.72.040 (False swearing), as it exists or may be amended, punishable under RMC 1-3-1 for any business enterprise including but not limited to the owners, shareholders, partners, or principals, whether for themselves, for others or by others to sign a business license application, which is required to maintain a general business license to make any false or fraudulent application or false statement or representation in, or in connection with, any such application. SECTION X. Subsection 5-5-3.1, Rules and Rulings, which is currently codified as subsection 5-5-3.H, of Chapter 5, Business Licenses, of Title V (Finance and Business Regulations) of the Renton Municipal Code, is amended as follows: 19 ORDINANCE NO. 5704 1. The Administrative Services Administrator shall have the power authority and it shall be his duty from time to time to adopt, publish and enforce rules and regulations not inconsistent with this Chapter or with the law for the purpose of carrying out the provisions hereof of Chapter 5, and it shall be unlawful for any business enterprise to violate or fail to comply with any such rules or regulations. 2. Any business enterprise aggrieved by the amount of the fee or tax found by the Administrative Services Administrator to be required under the provisions of this Chapter may appeal to the City Council from such finding by filing a written notice of appeal with the Administrative Services Administrator within five (5) days from the time such business enterprise was given notice of such amount and paying an appeal fee of seventy-five dollars ($75.00). The City Council shall, as soon as practicable, fix a time and place for the hearing of such appeal. The Council shall cause a notice of the time and place thereof to be mailed to the appellant. At the hearing the business enterprise shall be entitled to be heard and to introduce evidence in its own behalf. The City Council shall thereupon ascertain the correct amount of the fee or tax. The Administrative Services Administrator shall immediately notify the appellant thereof by mail, which amount must be paid within three (3) days after the notice is given. The Mayor, the President of the Council, or the chairman of any committee thereof before which the appeal is to be heard may, by subpoena, require the attendance of any person and may also require him or her that person-to produce any pertinent books and records. Any person served with such 20 ORDINANCE NO. 5704 subpoena shall appear at the time and place therein stated and produce the books and records required, if any, and shall testify truthfully under oath administered by the chairman in charge of the hearing on appeal as to any matter required of him pertinent to the appeal, and it shall be unlawful and a misdemeanor punishable under RMC 1-3-1, as it exists or may be amended, for him or her for the person to fail or refuse so to do. 3. Revocation Hearing: To satisfy due process, before a revocation of a business license and/or a closure of that business which appears to constitute a Chronic Nuisance Premises, as defined in this Chapter, the business owner may have a revocation hearing. The Administrator shall cause a notice of the time and place thereof to be mailed to the appellant. At the hearing the business enterprise shall be entitled to be heard and to introduce evidence on its own behalf. The Administrator shall determine whether any of the Chronic Nuisance Premises criteria have been proven by a preponderance of the evidence. The Administrator may render an immediate ruling that shall be reduced to writing within three (3) business days, or the Administrator may render a written ruling within five (5) business days. If the owner wishes to appeal, the owner may appeal to the Hearing Examiner pursuant to RMC 4-8-110.C and E, as they exist or may be amended. In the event of an emergency revocation and/or closure of the business the same process applies, but simply after, the emergency closure. 21 ORDINANCE NO. 5704 SECTION XI. Section 5-5-6, Confidentiality of Information, of Chapter 5, Business Licenses, of Title V (Finance and Business Regulations) of the Renton Municipal Code, is amended as follows: The current provisions of RCW 82.32.330 a-nd subsequent amendments are hereby (Disclosure of return or tax information), as it exists or may be amended, are adopted by reference as if fully set forth herein-. SECTION XII. The City Council declares an emergency and this ordinance shall be effective immediately upon adoption. PASSED BY THE CITY COUNCIL this 24th day of February , 2014. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 24th day of February , 2014. Denis Law, Mayor Approved as to form: Date of Publication: 2/28/2014 ( summary) Lawrence J. Warren, City Attorney ORD:1809:l/31/14:scr 22