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
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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
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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.
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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.
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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.
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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
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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.
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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
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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.
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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
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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:
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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.
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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
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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.
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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.
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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
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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.
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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.
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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:
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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
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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.
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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
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