HomeMy WebLinkAbout4422ORDINANCE NO. 4422
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 5.01 of
the Kent City Code entitled, "General Business
Licenses" to improve the business license application
process pursuant to the City's partnership with the
business license and tax filing portal "FileLocal," to
modify the appeal process for business license
denials and revocations, and to add additional
grounds for which a business license may be denied
or revoked.
RECITALS
A. Pursuant to RCW 35.90,020, effective July 1, 2027 all cities
that issue a general business license must partner with either the
Department of Revenue or the business licensing and tax filing portal
"FileLocal." The City of Kent has elected to partner with FileLocal.
B. Pursuant to Kent City Code 5.01. t4O, a licensee has the right
to notice and an opportunity to be heard subsequent to the denial of a
business license and prior to the revocation of an existing license.
Historically, the burden has been on the City to schedule the hearing before
the City's Hearing Examiner and include the hearing date on the notice of
denial or revocation that is issued to the licensee'
C. It is not uncommon for a licensee to abandon their application
and fail to appear for the hearing without any notice to the City' The City
Amend Ch. 5.O7 KCC -
General Business Licenses
1
expends time and resources scheduling the hearing, preparing for the
hearing, and paying for the Hearing Examiner's time.
D. The amendments made to Section 5.01.150 put the burden of
requesting a hearing on the licensee. The licensee will still receive notice of
the City's intent to deny or revoke their business license and will have an
opportunity to be heard before the City's Hearing Examiner, but that hearing
will no longer be automatically scheduled without a request from the
licensee,
E. In August ZOLL, the Kent City Council adopted Ordinance 4001,
which enumerated a list of reasons the City may deny or revoke a business
license. Since that time, it has become evident that there are additional
reasons a City business license cannot and should not be granted. For
example, a business that is prohibited from operating in a particular zoning
district. The amendments made to KCC 5.01.130 provide additional grounds
for which a business license application may be denied or revoked,
NOW, THEREFORE, THE CIry COUNCIL OF THE CIry OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
9EOTION 7. - Amendment - KCC 5.01.090. Section 5.01.090 0f the
Kent City Code, entitled "Application procedure, license fee," is amended as
follows:
Sec. 5.O1.O9O Application and review procedure, license fee.
A. The city council shall, by resolution, establish the fees to be assessed
to implement and operate the regulations adopted in this chapter. In the
event of any conflict or ambiguity regarding any fees established by council
Amend Ch. 5,OI KCC -
General Business Licenses
2
resolution, the director is authorized to interpret the fee schedule(s) to
resolve the conflict or ambiguity.
B. All businesses operated not for profit or a qualifying participant in the
STAR program established in Chapter 5.14 KCC shall be required to be
licensed but shall be exempt from paying a business license fee upon
satisfactory proof to the director of their not-for-profit or STAR qualified
status.
C. Application.
lieense required under this ehapter to the direetor on a form prepared bY the
i€ense
2021. all cities that issue a general business license must partner with either
"FileLocal". Busin srrbiect to the citv's oeneral business licensinq
shall be required annually. If the application for a new license is made July
l through November 30.
the fee shall be one-half the annual fee. Approved applications received
during the month of December will be processed for the subsequent calendar
vear licensino oeriod.
D, Complefeness. A business license application shall be reviewed for
information needed to complete the application.
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General Business Licenses
3
Code and other appropriate regulatory requirements. If a reviewing division
raar raclaA in(nr alian miv Facrr {- in fha rnnlinrfin lrainn r=nralaA
dalarminac f ha{- rrlrlifinnal nr rarr infnrmrfinn ic nanaccl l-n rnhiarra
subsection (E) of this section shall be repeated. This process may continue
(=llanial Tf a rarriarerinn r{irrtctnn rrrilhin {-ha nifrr r{atarmi ihrts {-lra
writing as outlined in KCC 5.01.150.
IJ A hr rci nacc liaanca r,rrill nnt hp i ccr rarl r rnfil fha rifrr hac nnantar{ l-ho
unlawful to operate a business without having first obtained a valid business
license.
$ECTION 2, - Amendment - KCC 5.01.130. Section 5.01.130 0f the
Kent City Code, entitled "Grounds for denial or revocation of license," is
amended as follows:
Sec. 5.O1.13O Grounds for denial or revocation of license.
Amend Ch. 5.Ol KCC'
General Business Licenses
4
A. In addition to other actions or penalties provided by law, the city may
deny or revoke any license applied for or issued pursuant to this chapter for
any of the following reasons:
1. The license application contains an omission or
misrepresentation of material fact;
2. The license was procured by fraud;
3. The license is used, or is intended to be used, for a business
materially different from that applied for;
4. The licensee or business fails to pay the licensing fee applicable
to such license;
5, The licensee or business violates any of the requirements of
this chapter;
6. The business engages in, or the licensee seeks to license to
engage in, an unlawful business or activityi
7. The business operates in a manner that constitutes a nuisance
pursuant to common law or the ordinances, codes, and statutes of the city
of Kent or the state of Washington;
B. The applicant is not eighteen (18) years of age or older at the
time the license is apPlied for;
g. The applicant or the business is delinquent in the payment of
any fees, taxes, assessments, or fines owed to the city, including but not
limited to permit fees, utility fees, gambling taxes, local improvement
district assessments, and civil fines; or
10. The licensee or business has had a similar license denied or
revoked and has not corrected the basis for the denial or revocation;'
11 Tho hr rcinacc ic nnf rllnrrl aA in f ha znninn Ai nl nf fha
proposed business location pursuant to KCC Title 15;
1) Tha r rcinacc lnnatinn r{nac nl- aamnlrr rrril-h fha hlri lrlina n Firar
codes adopted in Chs. 13.01 and 14.01 KCC;
cirlanfirl ranfrl nrnn rfrr ic nnl- in nnrnnli:ln rrrifh tha1? Tha
5 Amend Ch. 5.O7 KCC -
General Business Licenses
r^nAt r.f l-h=f ^Ah.+i{.r r{-ac I \ri^l2l-in n r\-hv nr^\ricinn nf tha Va Cil.-rt CaAa
B. The issuance of a license that could have been denied pursuant to
subsection (A) of this section shall not prohibit the city from taking action to
revoke the license at a later date, and it shall at all times remain the
exclusive responsibility of the licensee to ensure that the business complies
with the requirements of this chapte r;and that the brrsiness is o rated in
9E9TION 3. - Amendment - KCC 5.01.150. Section 5.01.150 0f the
Kent City Code, entitled "Notice of license denial or revocation and
scheduling of hearing," is amended as follows:
Sec. 5.O1,15O Notice of license denial or revocation and
scheduling of hearing.
A. Denial of license. Any action to deny a license applied for or issued
shall be commenced by notice of the denial, A notice issued under this
subsection shall substantially comply with the following:
1. The notice shall be delivered, by first class mail. e-mail, or by
personal service, to the licensee
th#iftess+i€eftse as set forth in the most recent business license
application.
2. The notice shall describe the basis for the denial'
3. The notice shall describe corrective action, if any, that may
be taken to eliminate the basis for denial'
4. The notice shall specify that the licensee may adatef€.r
whieh a hearing to eentest the denial has been seheduled before the
hearing examiner in order for the lieensee to appeal the denial=-Suehdate
Amend Ch. 5,Ol KCC -
Genera I Busi ness Licenses
6
Mwithin fourteen (14) calendarffi
(6efdays aft€Fgt the date of the denial notice-i#ekffi
@.
q An I harrinnc halrl nr r r rrnt fn cr rhcanfinn /A \/zl \ nf thic
days after the date the appeal is received'
65. i-If the licensee fails to appear
on the date , the hearing examiner
chrll antar /nfar rl{- arAar nr ir rrlnm ^nl =ffirminn tha nil-rrtc ani=l nf l-ha
licensee's application for a business license'
waivd
B, Revocation of license. Any action to revoke a license issued shall be
commenced by a notice of the revocation. A notice issued under this
subsection shall substantially comply with the following:
1, The notice shall be delivered, by first class mail, e-mail, orby
personal service, to the licensee ffiieense-as set forth
in the most recent business license application or business license issued.
2. The notice shall describe the basis for the revocation.
3, The notice shall describe corrective action, if any, that may
be taken to eliminate the basis for revocation.
4. The notice shall include the date on which the revocation is to
be effective.
54. The notice shall specify that the licensee may appeal adate
the revocation by submitting an appeal
of the date of the revocation notice.
fourteen (14) but not more than sixty (60) days after the date the notiee
Amend Ch. 5.Ol KCC -
General Business Licenses
7
is delivered in aeeordanee with bhis subseetion (B)= The effective date of
{-ha rarrnnrfinn c Lall ha a{-arral{ nanr{inn racnlrrfi nf fha rnnarl
6. Any hearing requested pursuant to subsection (B)(5X4) of
this section shall follow the procedures outlined in KCC 5.01.160 and shall
occur not less than fourteen (14) but not more than sixty (60) calendar
days after the date the appeal is received.
-5. The notice shall provide that if the licensee heldeFof+he
business+ieense-fails to appear on the date
hearing, the hearing examiner shall enter a default order or elefudt
judgment affirming the city's revocation of the licensee's business license.
shall be enteredr a
appear;
96, The business may continue to operate until such time as the
hearing examiner issues an order regarding the revocation unless the city
obtains an order enjoining the operation of the business pending the
hearing examiner's order.
9ECTION 4, - Amendment - KCC 5.01.160. Section 5.01.160 0f the
Kent City Code, entitled "Hearing to deny or revoke business license," is
amended as follows:
Sec. 5.O1.160 Appeal Hearing irtelrs
tieets'e.
A, Parties to hearing. The parties to a hearing provided pursuant to
this chapter shall be the city and the licensee. Either party may be
represented by legal counsel properly licensed in the state of Washington.
B. Da+e-fer Continuance of hearing.
thedate+he notiee is delivered in aeeordanee wiEh K€€ tr ^' 'tr^;
Amend Ch. 5.Ol KCC -
General Business Licenses
B
provided, additional hearings may be held after sixty (6e) days as
iftefr The hearing examiner shall have
discretion to grant continuances and reschedule hearings in the interest of
the parties and justice.
C. Prehearing conferences. The hearing examiner may, at his or her
discretion, or at the request of either of the parties, hold a prehearing
conference to schedule additional hearings, order discovery, and to make
other appropriate pretrial determinations. A prehearing conference may be
held by telephone,
D. Hearing process. The parties to the hearing, or legal counsel for the
parties, may call witnesses and present evidence and rebuttal evidence
subject to the following:
1. Where the city has commenced an action to revoke a
business license, the city shall have the burden of proving, by a
preponderance of the evidence, that there are sufficient grounds for the
deftiahr revocation of the license pursuant to KCC 5.01.130. In cases
the licensee.
2. The parties shall be responsible for securing the appearance
of any witnesses they may call. Neither the city nor the hearing examiner
shall have the burden of securing any witnesses on behalf of the licensee.
3, Formal rules of evidence shall not apply' The hearing
examiner may allow hearsay evidence and may permit the admission of
evidence without proof of the chain of custody of evidence. Notes, reports,
summaries, notices, photographs, or other materials prepared by the
parties may be admitted into evidence if requested without satisfaction of
formal rules of evidence. Notwithstanding the admission of evidence, the
hearing examiner shall determine the proper weight to be assigned to any
evidence admitted.
Amend Ch. 5.O7 KCC -
General Business Licenses
9
E. Defautt order or iudgment; costs incurred by cW. If the licensee
fails to appear on the hearing date speei#1fr+ffioti€e, or at any other
hearing set by the hearing examiner, the hearing examiner shall issue a
business license application, or the city's revocation of the licensee's
previously issued business license.
The costs incurred by the city for the
by the city to be included within the default order and assessed against
such costs in the default order.
SECTION 5. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance
and the same shall remain in full force and effect.
9E9TION 6, - Corrections by city clerk or code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations.
SECTION 7. - Effective Date. This ordinance shall take effect and be
in force thirty days from and after its passage, as provided by law'
r
t December 14, 2021
Date Approved
Amend Ch. 5,O7 KCC -
General Business Licenses
DANA RALPH, MAYOR
10
ATTEST:
0.
KIMBERLEY MOTO, CITY ERK
APP D
December 14. 2021
Date Adopted
December 17. 2021
Date Published
!i It
CIry ATTORNEY
Amend Ch.5.O7 KCC -
General Business Licenses
cn'
11
STATE OF WASHINGTON, COUNTY OF KING }
AFFIDAVIT OF PUBLICATION
PUBLIC NOTICE
Rudi Alcott, being first duly sworn on oath that he is the
Vice President of Advertising for Sound Publishing,
which publishes the
Kent Reporter
a weekly newspaper, which newspaper is a legal newspaper of general
circulation and is now and has been for more than six months prior to the date
of publication hereinafter referred to, published in the English language
continuously as a weekly newspaper in King County, Washington. The
Kent- Covington Reporter has been approved as a Legal Newspaper by order of
the Superior Court of the State of Washington for King County.
The notice in the exact form annexed was published in regular issues of
the Kent- Covington Repolter (and not in supplement form) which was regularly
distributed to its subscribers during the below stated period. The annexed
notice, a:
Public Notice #KENs44e28
was published on December 17,2021
The full amount of the fee charged for said foregoing publication is the
sum of $
Rudi Alcott
Vice President, Advertising
Subscribed and sworn to me this 17fr day of December, 202I .
Tribbett,otary Public for the State of Washington, Residing in
Washington
$
ltlfs
t':*'iA;7
f)',*i:i-:'.1
Classified Proof
CITY OF KENT
NOTICE OF
ORDINAITICES
PASSED BY THE CITYcouNctl
The following are sum-
maries of ordinances
passed by the Kent City
Council on Decemb€r
14,2021.
ORD]NANCE NO. 442I
-AN ORDINANCE ofthe
City Council of lhe City
of Kent, Washington, ap-
proving lhe consolidatinqbudget adjustments
msde between October
1, 2021 and November
30, 2021, reflecting an
overall budget increase
of $31,099,990. This or-
dinance shall take effecl
and be in force five days
after publication, as pro-
vided by law.
ORDINANCE NO. 4422
- AN ORDINANCE ofthe
City Council of the Cityof Kent, \A/ashington,
arnending Chapter 5.01
of the Kent City Code
entitled, "General Busi-
ness Licenses' t0 im-
prove the business li-cense applicalion
process pursuant to the
City's partnership with
the business license andtax liling portal
"Filelocal," to modify the
appeal process for busi-
ness license denials and
revocations, and to add
additional grounds for
which a business license
may be denied or re-
voked. This ordinance
shall take effect and bein force 30 days from
and after its passager as
provkled by law.
ORDINANCE NO. 4423
- AN ORDINANCE of the
City Council of lhe Cityof Kent, Washington,
amending chapters 3.18,
3.28 and 3.29 of the
Kent City Code, to up-
Proofed by Jennifer Tribbett, 1210912021 12:32:55 pm Page:2
a Classified Proof
date definitions related
to telephone businesses
and gross income, clariry
c,ode languags relating
to business and occupe-
tion tax, and codify cur-
rent praolices relat€d to
square footago tax. This
ordinanc€ shall take et-
f6cl and be in forco 30
days ftom and after its
passage, as provided by
law.
A copy of the comphte
text of any ordinanc€ will
b€ maiH upon request
of the Gity Clerk.
Kimbedey A. Komoto,
City Clerk
KkonFto@KentWA.gov
253€s6-5725
#944928
1i,17121
Proofed by Jennifer Tribbett, 12/09/2021 12:32:55 pm Page:3
STATE OF WASHINGTON, COUNTY OF KING }
AFFIDAVIT OF PUBLICATION
PUBLIC NOTICE
Rudi Alcott, being first duly sworn on oath that he is the
Vice President of Advertising for Sound Publishing,
which publishes the
Kent Reporter
a weekly newspaper, which newspaper is a legal newspaper of general
circulation and is now and has been for more than six months prior to the date
of publication hereinafter referred to, published in the English language
continuously as a weekly newspaper in King County, Washington' The
Kent- Covington Reporier has been approved as a Legal Newspaper by order of
the Superior Court of the State of Washington for King County.
The notice in the exact form annexed was published in re$ular issues of
the Kent- Covington Reporter (and not in supplement form) which was regularly
distributed to its subscribers during the below stated period. The annexed
notice, a:
Public Notice #KENe4s222
was published on December L7r202L
The iull amount of the fee charged for said foregoing publication is the
sum of
RudiAlcott
Vice President, Advertising
Subscribed and sworn to me this 17ft day of December, 202L .
Public for the State of Washington, Residing in
Washington
&ss'
qAS"$.r+$l?
F{J[ltle'
()p,
lttl
Classified Proof
CITYOFKEN'
NOTICE OF
ORDINANCES
PASSED BY THE CITY
COUNCIL
Tho following are sum-
maries of ordinances
passed by the Kent City
Council on December
14,2021.
ORDI}'IANCE NO. ,1421
- AN ORDINANCE of the
City Council of the City
of Kent, Washington, ap-
proving the consolidatingbudget adjustments
made between October
1,2021 and November
30, 2021, rellecting an
overall budget increase
of $31,099,990. This or-
dinance shall take effect
and be in force five days
after publication, as pro-
vided by law-
ORDINANCE NO. 4422
- AN ORDINANCE ofthe
Cig Council of the Cityof Kent, Washington,
arnending Chapter 5.01
of the Kent City Code
entitled, "General Busi-
ness Licenses' to im-
prove the business li-cense application
process puGuant to the
City's partnership with
the business license andtax filing portal
'FileLocal," to modify the
appeal process for busi-
ness license denials and
revocations, and to add
additional grounds for
which a business license
may be denied or re-
voked. This ordinance
shall take effect and bein force 30 days from
and atier its passage, as
provided by law.
ORDINANCE NO. 4423
-AN ORDINANCE ofthe
City Council of the Cityof Kent, Washinglon,
amending chapters 3.18,
3.28 and 3.29 of lh6
Kent Cily Code, to up-
Proofed by Jennifer Tribbett, 12/1312021 l0:5 I :55 am Page:2
'-Classified Proof
date definruons related
to telephone businesses
and gross income, olarify
code languege relating
to business and occupa-
tion tax, and codifr cur-
rent practices related to
square footage tax. This
ordinanee shall take ef-
f€ot and be in force 30
days from and after its
passage, as provided by
law.
A copy of the complete
text of any ordinenc€ will
be mailed upon request
of the City Cle*.
Kimberley A. Komoto,
City Clerk
Kkornoto@KentWA.qov
253€56-5725
*945222
12t17t21
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