A. 
This section replaces or pre-empts SMC § 5.04.140, and where there is a conflict, this section shall prevail.
B. 
The city clerk may, at any time upon the recommendation of the chief of police and as provided below, suspend or revoke under this chapter:
1. 
Where such license was procured by fraud or false representation of fact; or
2. 
For the violation of, or failure to comply with, the provisions of this chapter or any other similar local or state law by the licensee or by any of its servants, agents or employees when the licensee knew or should have known of the violations committed by its servants, agents or employees; or
3. 
For the conviction of the licensee of any crime or offense involving prostitution, promoting prostitution, or transactions involving controlled substances (as that term is defined in chapter 69.50 RCW) committed on the premises, or the conviction of any of the licensee's servants, agents or employees of any crime or offense involving prostitution, promoting prostitution, or transactions involving controlled substances (as that term is defined in chapter 69.50 RCW) committed on the licensed premises when the licensee knew or should have known of the violations committed by its servants, agents or employees.
C. 
A license procured by fraud or misrepresentation shall be revoked. Where other violations of this chapter or other applicable ordinances, statutes or regulations are found, the license shall be suspended for a period of 30 days upon the first such violation, 90 days upon the second violation within a 24-month period, and revoked for third and subsequent violations within a 24-month period, not including periods of suspension.
D. 
The city clerk shall provide at least 10 working days' prior written notice to the licensee of the decision to suspend or revoke the license. Such notice shall inform the licensee of the right to appeal the decision to the hearing examiner and shall state the effective date of such revocation or suspension and the grounds for revocation or suspension.
E. 
Notification shall be by personal service or registered or certified mail, return receipt requested, of the decision. Notice mailed to the address on file shall be deemed received three days after mailing. The notice shall specify the grounds for the suspension or revocation. The suspension or revocation shall become effective 10 working days from the date the notice is delivered or deemed received unless the person affected thereby files a written request with the city clerk, accompanied by a check in the sum of $50.00, for a hearing before the hearing examiner within such 10-day period. The hearing examiner shall render his decision within 14 calendar days following the close of the appeal hearing. Any person aggrieved by the decision of the hearing examiner shall have the right to appeal the decision to the superior court within 14 calendar days of the hearing examiner's final decision. The decision of the city clerk shall be stayed during the pendency of any administrative and judicial appeals except as provided in subsection (F) of this section.
F. 
Where the Sumner building official, fire marshal, police chief, or the Pierce County health department finds that any condition exists upon the premises of an adult entertainment establishment which constitutes a threat of immediate serious injury or damage to persons or property, said official may immediately suspend any license issued under this chapter pending a hearing in accordance with subsection (D) of this section. The official shall issue notice setting forth the basis for the action and the facts that constitute a threat of immediate serious injury or damage to persons or property, and informing the licensee of the right to appeal the suspension to the hearing examiner or other designated hearing body under the same appeal provisions set forth in subsection (D) of this section; provided, however, that a suspension based on threat of immediate serious injury or damage shall not be stayed during the pendency of the appeal.
(Ord. 1767 § 1 (part), 1996)
A. 
For purposes of appeal, this section replaces or pre-empts SMC § 5.04.150, and where there is a conflict, this section shall prevail.
B. 
Any person falling under the provisions of this chapter may appeal to the hearing examiner from any notice of suspension, denial or revocation or civil penalty assessment by filing with the city clerk within 10 working days from the date the notice is delivered or deemed received, a written appeal containing:
1. 
A heading in the words: "Before the Hearing Examiner for the City of Sumner";
2. 
A caption reading: "Appeal of ________" (giving the name of the appellant);
3. 
A brief statement setting forth the legal interest of the appellant;
4. 
A brief statement in concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant;
5. 
A brief statement in concise language of the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside;
6. 
The signature of the party names as appellant, and appellant's official mailing address; and
7. 
The verification, by declaration under penalty of perjury, of the appellant as to the truth of the matters stated in the appeal.
(Ord. 1767 § 1 (part), 1996)
As soon as practicable after receiving the written appeal, the hearing examiner shall fix a date, time and place for the hearing of the appeal. Such date shall be not less than 10 working days nor more than 30 days from the date the appeal was filed with the city clerk, unless the parties agree to an extension of time. Written notice of the time and place of the hearing shall be given at least 10 working days prior to the date of the hearing to each appellant by the hearing examiner's office either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his or her address shown on the appeal.
(Ord. 1767 § 1 (part), 1996)
A. 
Only those matters or issues specifically raised by the appellant in the written notice of appeal shall be considered in the hearing of the appeal.
B. 
The hearing examiner shall have the authority to determine the procedure and standard of review for the appeal hearing and shall be guided, as relevant, but not be bound by, the provisions of the Administrative Procedure Act, chapter 34.05 RCW, including RCW 34.05.449, 34.05.452, 34.05.455, and 34.05.461.
(Ord. 1767 § 1 (part), 1996)
Failure of any person to file an appeal in accordance with the provisions of this article shall constitute a waiver of his or her right to an administrative hearing and adjudication of the notice and order, or any portion thereof.
(Ord. 1767 § 1 (part), 1996)
An appeal from a decision of the hearing examiner shall be to the Pierce County superior court and shall be served and filed within 14 calendar days of the decision of the hearing examiner. In the event the applicant or license holder does not follow the procedures within the time periods set forth in this article, the action of the hearing examiner shall be final.
(Ord. 1767 § 1 (part), 1996)
The decision of the city clerk to suspend, revoke or refuse to renew a license under this chapter shall be stayed during administrative and judicial review, but refusal to issue an initial license shall not be stayed.
(Ord. 1767 § 1 (part), 1996)