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Home My WebLink About2569 OrdinanceORDINANCE No. 2569 ORDINANCE Concerning The Revocation of Business ( MI N Licenses and Amending Section 5.04.110 of the Pasco Municipal Code. WHEREAS, the City Council has determined that it is necessary for the protection of the public health, safety, peace and welfare that the City of Pasco have the ability, when circumstances require, to revoke any business license after its issue and that the grounds for such revocation be clearly set forth by ordinance in order to give any applicant or licensee reasonable notice of the grounds for revocation of a business license and to prevent any arbitrary discretion in revocation of a license, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION ONE. Section 5.04.110 of the Pasco Municipal Code which now reads as follows: 5.04.110 REVOCATION OF LICENSE. The city council may at any time revoke or forfeit any license issued to any applicant under this chapter providing that such revocation or forfeiture shall be for cause deemed by the city council as detrimental to the best interests of the city and providing further that before any such license shall be canceled or revoked the holder of such license shall be given two weeks' notice of a hearing to be held by the city council at which time the applicant must show cause why such license should not be revoked. The notice to be given the applicant must state the grounds and the reasons for the forfeiture and the revocation and also the date set for the hearing thereon. License of any applicant can be revoked or forfeited only after such notice and hearing; providing further, that any determination of the city council regarding the character of the acts of the applicant is detrimental to the city or to its inhabitants shall be deemed conclusive. (Prior code Sec. 3-1.64). is hereby amended to read as follows: 5.04.110 REVOCATION OF LICENSE. (A) The City Council may revoke any license issued under this title after it has been issued, when any one or more of the following grounds are found to exist: 1. Illegal issuance of the permit. 2. Issuance of the permit without authority or power. 3. Issuance under an unauthorized ordinance or under an ordinance illegally adopted. 4. Issuance in violation of an ordinance. 5. When the business license was procured by fraud or false representation of facts. 6. When issued through mistake or inadvertance. 7. When the license application contains false or misleading statements, evasions or suppression of material facts. (B) Other grounds for revocation in addition to those stated in the previous subsection are: 1. Substantial violations of the terms and conditions on which a license or permit is issued. 2. Violation of ordinances or law authorizing or regulating the license or permit, or regulating the business, activity or thing for which it is issued. 3. Conviction of infractions of or offenses under such an ordinance or law. 4. Wrongful behavior of a substantial character and of a public concern in relation to the licensed activity. 5. When reasonably necessary in the interest of protection of the public health, safety, peace or welfare. (C) Before any such license shall be cancelled or revoked the holder of such license shall be given two weeks notice of a hearing to be held by the City Council at which time the applicant must show cause why such license should not be revoked. The notice to be given the applicant must state the grounds and the reasons for the forfeiture and revocation and also the date set for the hearing thereon. PROVIDED, HOWEVER, the City Manager may immediately revoke the license of any business for any of the grounds set forth in subsection (A) set forth above, when any such license has been issued for a period of less than 72 hours; any such determination by the City Manager shall be deemed conclusive unless the applicant appeals to the City Council within five (5) calendar days of notice of the revocation. Pending any such appeal to the City Council, the business license shall remain revoked. (D) The decision of the City Council to revoke a business license or to sustain the decision of the City Manager revoking a license on an appeal, shall be supported by written findings of fact in support of the decision. SECTION TWO. This ordinance shall take effect five (5) days after passage and publication according to law. ATTE Wells, City Clerk ;,- Ira L Schmidt, Mayor Pro Tern PASSED this '2 day of _,October, 1985. APPROVED AS TO FORM: Greg ubstello, City Attorney P conniNpw.,14-0,51 figo AN ON DINANCE buti ...tithing The Revocation of Bueiness Licenses and Amending BeetIon 0 04 110 nl the Peace Mu nIcipal Code WHEREAS the City Council has dotormined that II 10 normsciary for the protection Of the public health safety peace and welfare that tho City of Pasco have the ability when circumstances re quire to revoke any bust- ' ness license after its issue and that the grounds for I such revocation be clearly* set forth by ordinance in order to given any applicant or licensee reasonable no- tice of the grounds for revo- cation of a business license and to prevent any arbitrary discretion in revocation of a license NOW THERE FORE THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DO OR DAIN AS FOLLOWS SECTION ONE Section 504 110 of the Pasco Mu nicipal Code which now reads as follows 504 110 - REVOCATION OF LICENSE The city council may at any time re- voke or forfeit any license issued to any applicant under this chapter provid- ing that such revocation or forfeiture shall be for cause deemed by the city council, as detrimental to the best interests of the city and pro- viding further that before any such license shall be canceled or revoked the holder of such license shall be given two weeks notice of a hearing to be held by the city council at which liftlel the applicant A must show cause why such li- cense should not be re- voked The notice kto be given the applicant must state the grounds and the reasons for the forfeiture and the revocation and also the date set for the hearing thereon License of any ap- plicant can be revoked or forfeited only after such no- tice and hearing providing further that any determin- ationiof the city council re garding the character of the acts bf the applicant is det- rimental to the city of to its inhabitants shall be` deemed conclusive (Prior code Sec 3-1 64) is hereby amended to read as follows , 5 04 110 REVOCATION OF LICENSE (A) The City Council may revoke any li- cense issued under this title after it has been is- sued when any one or more of the following grounds are found to exist 1 Illegal issuance of the permit 2 issuance of the permit without authority or power 3 Issuance under an un- authorized ordinance or under an ordinance illegally adopted 4 Issuance in violation of an ordinance 5 When the business lo- censei was procured by fraud or false representa lion of facts 6 When issued through mistake or inadvertence 7 When the license ap- plication contains false or misleading statements evasions or suppression of material facts (B) Other grounds for re- vocation in addition to those stated in the previous subsection are 1 Substantial violations of the terms and conditions on which a license or per- mit is issued 2 Violation, of ordi- nances or law authorizing or regulating the license or permit or regulating the business activity or thing for Which it is *cued 3 Conviction of infrac tions, of or offenses under such an ordinance or law , t 4 Wrongful behavior of al substantial character and of a public concern In rela- tion to the licensed activity 5 When reasonably nec- essary in the interest of pro- tection of the public health safety _peace or welfare (C), Before any such li- cense shall be cancelled or revoked the holder of such license shall be given two weeks notice of a hearing to be held by the City Coun- cil at which time the appli- cant must show cause why such license should not be revoked The notice to be given the applicant must state the ground and the reasons for ,the 4,forfelture end revocation and also the date set for the hearing thereon PROVIDED, the City Man:I agar, may Immediately_ re- voke'-the -11cfrgle: of any business ttor,,arty'..pf„ the 'grounds set forth In subsec- tion (A) set forth above, when any such license has been issued for a period of less than 724hOure, any such,determinstion by the City, Manager Shall be deemed conclusive muntess the appncantrappeatis to the City Council within flve (5) calendar dayerpf notice of the revocation IDendIng any such appeal ,to the City Council the, business li- cense remain re- vOkett (D) Therdecteton of the City Council to revoke 'a business license or to sus- tain the decision of the City Manager revoking -a license on an appeal 'shall be sup- ported by written findings of fact in, support of the deal Ilion SECTION TWO This or- dinance shall take effect five (5) days after passage and publication; according to law PASSED this 7, day of October, 1985 VW- -s-lre L Schmidt; ,,-- Milydr Pro :Tern ift V , ATTEST -s-Evelyn Wells, 7 City Clerk APPROVED AS TO FORM -s-Oreg A Flubstello, City Attorney , LEGAL NO 19694 -1 , October 11, Al 1 ,1DAVil 01 PU1111 ICA 1 ION COUNIY OF Benton las S ['A I r 01 WASHINGTON Shar1 Patterson ht ing fir ,t duly ,morn on oath dt.poscs and says $11Q is the P ri nc pal Clerk of the Tri City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and It is now and has been for more than six months prior to the date of the publication here inafter refei red to, published in the English language continually as a daily newspaper in Benton County, Washington, and is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper 'I hat the annexed is a true copy of a Legal Ad "Ord #2569 " as it was printed in the regular and entire issue Qf the Tri City Herald itself and not in a supplement thereof, for a period of Onerl Times commencing on the day of October 1.985 and ending on the 1 1th day of ()Min r 19 $5 and that said newspaper was regularly distributed to its subscribers during all of this period That the Total amount is $ 1 2 63 17i inches $7„,35 $128.63 Subscnbtd and sworn to bcfbi— e this , 0 .4.-4-- day of October 19 85 Notary P ilic in and for the State of Washington residing at Pasco FINANCE DEPARTMENT 15091 545-3401 Se n n 726 3401 P 0. BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301 October 8, 1985 Tri City Herald P.O. Box 2608 Pasco, Washington 99301 Attn: Rochelle Dear Rochelle Please publish Ordinance Nos. 2568, 2569, 2570, 2571 and 2572 on the following date: October 11, 1985 Please send two (2) Affidavits of Publication for each Sin fely, Eve yn Wells City Clerk ew