The provisions of this chapter shall apply with respect to the fees imposed under this Subtitle 6B and under other titles, chapters, and sections in such manner and to such extent as indicated in each such subtitle, chapter, or section.
(Ord. 27297 § 1, 2004-11-23)
The following definitions apply to each section in this subtitle of the TMC:
“Annual business license”
means a license for the privilege of doing business with the City or within the City as required by the provisions of Subtitle 6B of the TMC.
“Calendar year”
means January 1 through December 31 of each year.
“Certificate of complaint”
is a document filed with the Pierce County Auditor, stating the property is in violation of Chapter 2.01 of the TMC
“Charitable organization”
means any organization recognized as a nonprofit corporation under the provisions of Chapter 24.03 RCW and exempt from the Washington State business and occupation tax pursuant to RCW 82.04.3651.
“City”
means the City of Tacoma and all its departments, including Tacoma Public Libraries and Tacoma Public Utilities. It does not include the Metropolitan Park District of Tacoma, Port of Tacoma, Tacoma School District, or Tacoma Housing Authority, which are separate municipal corporations.
“Department”
means the Tax and License Division of the Finance Department of the City or any successor department.
“Director”
means the Director of the Finance Department of the City or the Director’s designee, which shall be an employee of the Finance Department.
“Engaging in business”
shall be as defined in TMC Chapter 6A.30.
“Gambling”
means any activity included in the provisions of RCW 9.46.0237.
“Gross income”
means the value proceeding or accruing by reason of the transaction of business engaged in and includes gross proceeds of sales, compensation for the rendition of services, gains realized from trading in stocks, bonds, or other evidence of indebtedness, interest, discount, rents, royalties, fees, commissions, dividends, and other emoluments, however designated, all without any deduction on account of the cost of tangible property sold, the cost of materials used, labor costs, interest, discount, delivery costs, taxes, or any other expense whatsoever paid or accrued without any deduction on account of losses.
“Gross receipts”
has the same meaning as gross income.
“In this City” or “within this City”
includes all federal areas lying within the corporate city limits of the City.
“License”
means any license required under the provisions of Subtitle 6B of the TMC.
“License certificate”
means a non-transferable certificate issued by the Department required to be displayed at the place of business by all persons operating a business under the provisions of Title 6.
“License Code”
means Subtitle 6B of the TMC.
“License fee”
means the amount charged by the City for the issuance of any license required under the provisions of Subtitle 6B. Regulatory license fees are intended solely to cover all costs of administering the required license.
“Licensee”
means any person required to be licensed, applying to be licensed, or is licensed under Subtitle 6B.
“Liquor”
shall have the same meaning as in RCW 66.04.010.
“Mailing” or “mailed”
shall mean sending the document by regular, first-class mail, postage prepaid and properly addressed to the last known address of the person subject to the document. The last known address shall be an address provided to the City by the person to whom the document is directed. Where service is by mail, service shall be deemed complete upon the third day following the day upon which the notice is placed in the mail, unless the third day falls on a Saturday, Sunday, or federal legal holiday, in which event service shall be deemed complete on the first day other than a Saturday, Sunday, or legal holiday following the third day
“Massage” or “massage therapy”
means a health care service involving the external manipulation or pressure of soft tissue for therapeutic purposes. Massage therapy includes techniques such as tapping, compressions, friction, reflexology, Swedish gymnastics or movements, gliding, kneading, shaking, and fascial or connective tissue stretching, with or without the aids of superficial heat, cold, water, lubricants, or salts. Massage therapy does not include diagnosis or attempts to adjust or manipulate any articulations of the body or spine or mobilization of these articulations by the use of a thrusting force, nor does it include genital manipulation.
“Massage business”
means the operation of a business where massages are given.
“Peddling”
means the same as door-to-door sales.
“Person”
means any individual, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate, firm, co-partnership, joint venture, club, company, joint stock company, business trust, municipal corporation, political subdivision of the state of Washington, corporation, limited liability company, association, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise, and the United States or any instrumentality thereof.
“Public official”
means any official designated by the City Manager, or designee, authorized to enforce this chapter, including, but not limited to, officials of the Police Department, Fire Department, Public Works Department, Finance Department, or the Tacoma-Pierce County Health Department charged with the enforcement of a particular portion of this chapter.
“Records”
means the books of accounts and other business-related records of a licensee subject to the City’s Tax Code or License Code. Such records include ledgers; subsidiary ledgers; invoices; receipts; registration and incorporation documents; federal, state and local tax returns; and any other records necessary to establish the amounts due under the provisions of the TMC.
“Registration” or to “register”
means an identification of real properties owned by a person, for which they use, or intend to use, as rental property.
“Residential business”
has the same meaning as it is defined in TMC § 13.01.060R.
“Successor”
means any person to whom a licensee quitting, selling out, exchanging, or disposing of a business sells or otherwise conveys, directly or indirectly, in bulk and not in the ordinary course of business of the licensee’s business, any part of the materials, supplies, merchandise, inventory, fixtures, or equipment of the licensee. Any person obligated to fulfill the terms of a contract shall be deemed a successor to any contractor defaulting in the performance of any contract as to which such person is a surety or guarantor.
“Taxpayer”
means any person subject to the provisions of Subtitle 6A, regardless of whether they owe or have previously paid taxes to the City.
“Vendor”
means any person who exhibits goods or services for sale for the purpose of selling, bartering, trading, exchanging, or advertising such goods or services.
(Ord. 27297 § 1, 2004-11-23; Ord. 27588 Ex. A, 2007-02-20; Ord. 28207 Ex. A, 2014-03-18; Ord. 28401 Ex. A, 2016-12-06; Ord. 28529 Ex. B, 2018-09-25; Ord. 28594 Ex. A, 2019-07-02; Ord. 28928 § 3, 2023-12-19; Ord. 29045 Ex. A, 2025-07-01; ratified and reconfirmed by Ord. 28950, 2024-01-16)
A. 
No person shall maintain or operate any device, vehicle, or thing, or engage in any business, calling, profession, trade, occupation, or activity specified in this subtitle without first procuring a license therefor from the City and paying the fees prescribed herein, unless the City requirement for a license is preempted by state or federal law.
B. 
Persons applying for a city business license shall maintain all local, state, and federal licenses required for the operation of the business and shall remain in compliance with such licenses while the business remains in operation.
(Ord. 27297 § 1, 2004-11-23; Ord. 28401 Ex. A, 2016-12-06)
Persons applying solely for licenses 6B.20 Annual Business License, 6B.40 Alarm Devices or 6B.130 Residential Business may operate based on the license application submitted for approval.
(Ord. 27588 Ex. A, 2007-02-20; Ord. 29045 Ex. A, 2025-07-01)
A. 
A separate license shall be obtained for each branch, establishment, or separate location in which the business, calling, profession, trade, occupation, or activity licensed by this subtitle is carried on.
B. 
Each different business, calling, profession, trade, occupation, or activity carried on or device situated at any one location shall be described in detail on the application for business license.
C. 
Each license shall authorize the licensee to carry on, pursue, or conduct only that business, calling, profession, trade, occupation, or activity, or operate the device, vehicle, or thing described in such license, and only at the location or in the manner indicated therein, except as may be specifically provided in this chapter.
D. 
Any person renting or making available for rent to the public any dwelling unit is only required to obtain one license for all rental business activity conducted in the City, and 1) shall register each rental property with the City of Tacoma and include an agreement certifying that each dwelling unit on the rental property complies with RCW 59.18.060, as it exists or is hereinafter amended, and does not present conditions that endanger or impair the health and safety of the tenants, and 2) provide rental property information as determined by the Director including, but not limited to, rent amounts, property type and number of dwelling units on multi-unit properties.
E. 
Any person renting or making available for rent to the public any non-dwelling unit used for commercial purposes is only required to obtain one license for all rental business activity conducted in the City and shall provide a name and contact information of an agent located in Pierce County if the owner resides outside of the State of Washington.
F. 
It is the responsibility of a licensee engaging in rental business activity, to not allow or permit their tenant to continue illegal or hazardous conditions outlined under TMC § 6B.10.145, or any applicable law, occurring on or in said property after being provided verbal or written notice of the illegal or hazardous condition by any public official. Violation of this section shall be a civil penalty as prescribed in TMC § 6B.10.260.
(Ord. 27297 § 1, 2004-11-23; Ord. 28207 Ex. A, 2014-03-18; Ord. 28927 Ex. A, 2023-12-19; ratified and reconfirmed by Ord. 28949, 2024-01-16; Ord. 29045 Ex. A, 2025-07-01)
No license required hereunder shall be issued except upon application therefor made on forms prescribed by the City. Each application shall be accompanied by the license fee prescribed herein. The Director may require any licensee to provide documentation as necessary to fully determine the status of ownership, control and finances of that business. Upon approval of the application, the license shall be issued by the City and delivered to the licensee.
(Ord. 27297 § 1, 2004-11-23; Ord. 28529 Ex. B, 2018-09-25; Ord. 28927 Ex. A, 2023-12-19; ratified and reconfirmed by Ord. 28949, 2024-01-16; Ord. 29045 Ex. A, 2025-07-01)
All licenses issued pursuant to the provisions of this subtitle, except as to those licenses for which a different term is herein specified, shall be effective as of the first day of the month of issuance regardless of the actual date of issue, and shall expire one year from the effective date thereof unless sooner revoked or suspended in a manner provided in this chapter.
(Ord. 27297 § 1, 2004-11-23; Ord. 28529 Ex. B, 2018-09-25)
The Director shall have the power, from time to time, to adopt, publish, and enforce rules and regulations not inconsistent with this Subtitle 6B or with law for the purpose of carrying out the provisions of this subtitle. It shall be unlawful to violate or fail to comply with any such rule or regulation.
(Ord. 28207 Ex. A, 2014-03-18)
When there exists a recognized economic recession or a state of emergency or disaster is declared under Tacoma Municipal Code 1.10 or RCW 43.06.010(12), the Director may waive or extend a license requirement, as the Director deems necessary to mitigate the harm to the public health, safety, and welfare.
(Ord. 28674 Ex. A, 2020-06-09)
Except as otherwise provided in this subtitle, any license fee shall be due on or before the last day of the next month following expiration of the current license. If the due date is a Saturday, Sunday, or City or federal legal holiday, then the due date shall be the next succeeding day that is neither a Saturday, Sunday, or City or federal legal holiday.
(Ord. 27297 § 1, 2004-11-23)
A. 
All licenses issued subsequent to the initial license period shall be deemed renewal licenses if there has been no discontinuance of the licensee’s operations or activities. No license may be issued as herein provided unless the licensee has paid in full all license fees and taxes due to the City.
B. 
Any licensee who shall fail to make payment on or prior to the due date of said license shall be subject to a penalty of 20 percent of the license fee.
C. 
Remittance that is transmitted to the City by United States mail shall be deemed filed or received on the date shown by the cancellation mark stamped by the Post Office upon the envelope containing it. The Director may allow electronic filing or telephonic filing of licenses or remittances from any licensee. Remittance which is transmitted to the City electronically or telephonically shall be deemed filed or received on the date submitted.
D. 
When a renewal license fee is not paid in full by the due date the City may close the account administratively. Any person engaging in business without a current license is subject to penalties as prescribed in this chapter.
(Ord. 27297 § 1, 2004-11-23; Ord. 28529 Ex. B, 2018-09-25; Ord. 28927 Ex. A, 2023-12-19; ratified and reconfirmed by Ord. 28949, 2024-01-16; Ord. 29045 Ex. A, 2025-07-01)
A. 
The Director may waive any penalties imposed under Section 6B.10.090 if a person:
1. 
Shows that the person’s failure to timely pay the license fee was due to reasonable cause and not willful neglect. Willful neglect is presumed unless the person shows that they exercised ordinary business care and prudence in making arrangements to pay the license fee but was nevertheless, due to circumstances beyond the person’s control, unable to pay by the due date.
2. 
Submits a request for waiver of penalties in writing; and
3. 
Includes in the request competent proof of all pertinent facts supporting a reasonable cause determination. In all cases, the burden of proving the facts rests upon the person.
B. 
The Director may waive the penalties in Sections 6B.10.090 if a person:
1. 
Was not currently licensed;
2. 
Was unaware of the person’s responsibility to file and pay license fees; and
3. 
Paid and filed all past due business license fees and tax returns within 30 days after being notified by the Department, or entered into a payment agreement approved by the Director and the past due license fees and tax returns are paid within the terms outlined in the agreement.
C. 
The Director may waive the penalties in Section 6B10.090 when a person has filed and paid on time all license fees required for the two calendar years prior to the year in which the license was filed late, even if the reason for late filing does not meet the criteria of Sections 6B.10.095A or 6B.10.095B.
(Ord. 28207 Ex. A, 2014-03-18; Ord. 28538 Ex. B, 2018-11-06)
(Method of payment. Ord. 27297 § 1, 2004-11-23; Ord. 28207 Ex. A, 2014-03-18; repealed by Ord. 28529 Ex. B, 2018-09-25)
No person shall place on a building or property within the city limits of Tacoma any advertisement about conducting a specific business activity within the building or on the property unless the person conducting the activity has a valid license pursuant to local, state, or federal law requirements. Advertising includes, but is not limited to, any sign, placard, poster, banner, card, or other advertising matter placed, erected, displayed, or maintained on the outside or in close proximity to any building or place, or in the inside in such a manner as it may be seen from the outside thereof.
(Ord. 28401 Ex. A, 2016-12-06; Ord. 28529 Ex. B, 2018-09-25)
Unless otherwise provided in the specific provisions of this subtitle, all licenses issued pursuant to the provisions of this subtitle shall be posted on the device, vehicle, or thing licensed, or at the place where the licensed business, calling, profession, trade, occupation, or activity is carried on; however, that when the licensee’s business requires travel from place to place or from house to house, then such license must be carried on the person of such licensee while actually engaged in the licensed occupation, business, or trade.
(Ord. 27297 § 1, 2004-11-23; Ord. 28207 Ex. A, 2014-03-18)
All massage business locations or offices that offer massage therapy services, as defined by state law, shall not be open between 10:00 p.m. and 6:00 a.m. daily, provided that if a licensed massage business is physically located wholly within the premises of a larger business or location, including, but not limited to, such facilities as a salon, spa, hotel, or health care provider, then only the area where the massage business is conducted shall be closed to customers between 10:00 p.m. and 6:00 a.m. Operating a massage business between 10:00 p.m. and 6:00 a.m. is considered unlicensed business activity.
(Ord. 28401 Ex. A, 2016-12-06; Ord. 29045 Ex. A, 2025-07-01)
The following penalties may be imposed upon an owner of a massage business where the unlicensed practice of massage therapy has been committed:
A. 
Any person who with knowledge or criminal negligence allows or permits the unlicensed practice of massage therapy to be committed within his/her massage business by another per RCW 18.108.035 is guilty of a misdemeanor for a single violation. Each subsequent violation, whether alleged in the same or in subsequent prosecutions, is a gross misdemeanor punishable according to chapter 9A.20 RCW.
B. 
Unlicensed practice of massage therapy pursuant to RCW 18.130.190(7)(a), constitutes a gross misdemeanor for a single violation. Each subsequent violation, whether alleged in the same or in subsequent prosecutions, is a class C felony punishable according to chapter 9A.20 RCW.
(Ord. 28401 Ex. A, 2016-12-06)
Any notice required by this chapter to be served to any licensee shall be served by mailing or emailing to any address of the licensee as shown by the records of the Director, or shall be served by hand delivery. Failure of the licensee to receive such notice shall not release the licensee from any fee or any penalties thereon, nor shall such failure operate to extend any time limit set by the provisions of this chapter. It is the responsibility of the licensee to inform the Director in writing about a change in a licensee’s address.
(Ord. 27297 § 1, 2004-11-23; Ord. 28207 Ex. A, 2014-03-18; Ord. 28529 Ex. B, 2018-09-25)
If any licensee fails, neglects, or refuses to file a license application or renewal as and when required under this subtitle, the Director is authorized to determine the amount of fee payable, together with any penalty assessed under the provisions of this chapter, and notify such licensee of the amount so determined, which amount shall become immediately due and payable.
(Ord. 27297 § 1, 2004-11-23; Ord. 28207 Ex. A, 2014-03-18; Ord. 28529 Ex. B, 2018-09-25)
A. 
Reasons for denial or revocation. The Director may deny an application for a license, or revoke any license issued under, the provisions of Title 6 based on one or more of the following grounds:
1. 
The license application contained fraudulent or false representation of fact, including, but not limited to, the existence of owners who were not identified on the application.
2. 
The licensee has failed to comply with any provisions of this title.
3. 
The licensee has failed to comply with any provisions of the TMC related to the operation of the business or licensed activity.
4. 
The licensee is in default of any payment of any license fee or tax under Title 6.
5. 
The licensee or employee has been convicted of a crime involving the business or licensed activity.
6. 
The licensee is a minor under 18 years of age.
7. 
The licensee’s regulatory license has been revoked.
8. 
The licensee is not qualified under any specific provision of this subtitle for a particular license for which application is made.
9. 
The Director has reasonable grounds to believe the licensee to be dishonest, desires such license to practice some illegal act or some act injurious to the public health or safety, or the continued conduct of the business or licensed activity for which the license was or would be issued will result in a danger to the public health, safety, or welfare.
10. 
The licensee, or the licensee’s agents or employees, has committed a crime or other violation of law which bears a relationship to the conduct of the business or licensed activity under the license issued or that would be issued pursuant to this subtitle. The Director may consider any relevant violation of law regardless of whether the same act was charged as a civil infraction or crime or resulted in a finding of committed or conviction or if it is deferred or subject to pretrial diversion or negotiated settlement, e.g. plea bargain. If a licensee appeals such a suspension, revocation, or denial of a license under this subsection, the violation must be proved by a preponderance of the evidence; provided, however, that a finding of not committed on a civil infraction or a verdict of not guilty on a criminal charge precludes use of that act as a basis for a violation under this chapter.
11. 
The licensee, or the licensee’s agents or employees, has in the conduct of the business or licensed activity violated, or the Director reasonably concludes the licensee will not comply with, any local, state, or federal law requirements relating to public health or safety. The Director may consider any relevant matter, including illegal activity associated with the licensee’s operation of a current business or previously operated business, or the conduct of the licensee’s patrons or employees, inside or outside a current or previously operated business, including tolerance of a public nuisance, for which the licensee can reasonably control or prevent.
12. 
The conduct of the business or licensed activity has resulted in the creation of a public nuisance as defined in the TMC or in state law.
13. 
The licensee or the property owner where the business is located is subject to a Chronic Nuisance action under TMC Chapter 8.30A.
14. 
The licensee has had a license revoked, denied, or suspended three times pursuant to Subtitle 6B or by any other administrative authority.
B. 
Application for new license after denial, revocation, or suspension.
If the City denies, revokes or suspends a license, the licensee or person in control of the business may not apply for an annual business license within 12 months after the denial, revocation, or suspension unless it was due to:
1. 
The licensee being a minor,
2. 
A violation of a regulatory license in Subtitle 6B, and the violation has since been remedied,
3. 
Nonpayment of taxes or license fees pursuant to Title 6 that have since been paid, or
4. 
Not having a required local, state, or federal license, but which has since been obtained.
C. 
A licensee may not circumvent the provisions of this chapter by applying for a license in the name of a spouse, relative, or other person, or by using shell business entities. The Director may require any licensee to provide documentation as necessary to fully determine the status of ownership, control, and finances of that business.
D. 
If a license is revoked or suspended due to the licensee, or the licensee’s agents or employees, committing a violation of Chapter 8.190 TMC – Drug Crimes, in relationship to the conduct of the business under the license issued pursuant to this subtitle, the following procedures will be followed.
1. 
For a first violation of chapter 8.190 TMC, the license shall be suspended for 30 days. During this 30-day period, the licensee shall cease all activity related to that license. At the end of the 30-day period, the license may be reinstated, provided that the licensee refrains from violating Chapter 8.190 TMC or other provisions of law and complies with all other legal requirements. The 30-day period shall run from the date of suspension unless a timely appeal is filed. In the event a timely appeal is filed but ultimately denied, the 30-day period shall begin to run the day after all appellate remedies have been exhausted.
2. 
If a licensee engages in business activity during any period of suspension or subsequently violates TMC Chapter 8.190 at any time after a first violation, the license shall be revoked for a period of one year. The one-year period shall run from the date of revocation unless a timely appeal is filed. In the event a timely appeal is filed but ultimately denied, the one-year period shall begin to run the day after all appellate remedies have been exhausted. The licensee shall not be eligible for any license from the City of Tacoma during this period. At the end of the one-year period, the licensee may apply for a new license, provided that the licensee complies with all requirements for such a license.
3. 
Second revocation of license. If a license is revoked for a second time due to a violation of Chapter 8.190 TMC, the licensee shall never be eligible for any license to conduct or manage any business activity in the City of Tacoma.
E. 
Notice.
1. 
The Director shall notify such licensee in writing by mailing or hand delivery of the denial or revocation of the license and the grounds therefor.
2. 
Denial of a license application under this subsection shall take effect immediately upon the mailing or hand delivery of the denial notice, as if no license was issued.
3. 
Revocation of a license issued shall not take effect until ten days after the mailing or hand delivery of the revocation notice and, if appeal is taken as outlined, the revocation shall be stayed pending final action by the Hearing Examiner. A licensee shall surrender all licenses issued by the City on the effective date of such revocation.
F. 
Conditional license. The Director has the discretion to issue a conditional license after a license has been revoked or denied, if the Director reasonably concludes the licensee is likely able to operate the business in compliance with local and state laws, and if the licensee agrees to comply with conditions imposed by the City.
1. 
The conditions imposed must be directed at remedying the violations in this subsection or taking proactive measures to prevent the violations from occurring in the future.
2. 
The term of the conditional license will start on the date of the Conditional License through December 31st of the same year.
3. 
Prior to December 31st, the Conditional License will be reviewed and may be extended into the following calendar year if the Director determines the conditions of the license need to continue to protect public health, safety or welfare.
4. 
The licensee may appeal the conditions as provided in subsection G below. If the licensee fails to comply with the imposed conditions, the Director may revoke the license.
G. 
Appeal. Any licensee may, within ten days from the date that the denial, revocation, or conditional license notice was mailed, or hand delivered to the licensee, appeal such notice by filing a written notice of appeal setting forth the grounds of the appeal with the City Clerk. The hearing shall be conducted in accordance with the procedures for hearings as set forth in TMC Chapter 1.23. The Hearing Examiner shall set a date for hearing said appeal and notify the licensee by mail of the time and place of the hearing. After the hearing, the Hearing Examiner shall, after appropriate findings of fact and conclusions of law, affirm, modify, or overrule the denial, revocation, or conditional license, or reinstate the license, and may impose any conditions upon the continuance of the license.
The decision of the Hearing Examiner shall be final. The licensee or the Director may seek review of the decision by the Superior Court of Washington in and for Pierce County within 21 days from the date of the Hearing Examiner’s decision. If review is sought as herein prescribed, a revocation shall be stayed pending final action by the Superior Court.
(Ord. 27297 § 1, 2004-11-23; Ord. 27588 Ex. A, 2007-02-20; Ord. 28007 Ex. A, 2011-07-26; Ord. 28207 Ex. A, 2014-03-18; Ord. 28401 Ex. A, 2016-12-06; repealed and replaced by Ord. 28529 Ex. B, 2018-09-25; Ord. 28927 Ex. A, 2023-12-19; ratified and reconfirmed by Ord. 28949, 2024-01-16; Ord. 29045 Ex. A, 2025-07-01)
A. 
The Director or public official in charge is authorized to immediately stop hazardous conditions, up to and including closing the business operation. At the order of the public official, occupants shall be required to immediately vacate the building and cease all business activity at the site. Such order and demand may be oral or written. A notice that the business is closed will be posted by a public official on all entrances to the premises. Failure to comply with the orders of the Director or public official is a misdemeanor.
B. 
Such hazardous conditions may include but not be limited to:
1. 
Conditions that exist that the Director or public official determine to be hazardous to life or property or in violation of TMC Chapter 8 that are hazardous to public health and safety while engaging in business activity.
2. 
The licensee or the licensee’s employee or agent has knowingly permitted a violation:
a. 
Of the Uniform Controlled Substances Act;
b. 
Of any law against gambling;
c. 
Of any law against sales or distribution of firearms and dangerous weapons; or
d. 
Of any law against prostitution at the licensee’s business location.
3. 
Unlicensed business activity or unlawful occupancy.
4. 
Denial of entry for business license inspection.
C. 
Conditional license. The Director has the discretion to issue a conditional license after a license has been summarily suspended, if the Director reasonably concludes the licensee is likely able to operate the business in compliance with local and state laws and if the licensee agrees to comply with conditions imposed by the City.
1. 
The conditions imposed must be directed at remedying the violations in this subsection or taking proactive measures to prevent the violations in this subsection from occurring in the future.
2. 
The term of the conditional license will start on the date of the Conditional License through December 31st of the same year.
3. 
Prior to December 31st, the Conditional License will be reviewed and may be extended into the following calendar year.
4. 
The licensee may, within ten days from the date of the Conditional License, appeal the conditions to the Hearing Examiner as provided in subsection E below. If the licensee fails to comply with the imposed conditions, the Director may revoke the license.
D. 
Hearing notice. At the time the Director or public official notifies the licensee of the summary suspension, either by mail, email, hand delivery, or by posting the notice of summary suspension in a prominent location on the premises, the Director shall also schedule a hearing to be held within three business days from the date of the notice of summary suspension. Where an oral summary suspension is ordered by a public official, the Director shall schedule a hearing to be held within three business days from the date of the summary suspension and the licensee will be notified of the summary suspension and hearing by mail, facsimile, email, personal service, or hand delivery. Such notices shall state the time and place of the hearing.
E. 
Appeal. The decision of the Director shall be final. The licensee may, within ten days from the date the Director’s decision was mailed, or hand delivered, appeal such suspension by filing a written notice of appeal setting forth the grounds of the appeal with the City Clerk. The hearing shall be conducted in accordance with the procedures for hearings as set forth in TMC Chapter 1.23. The Hearing Examiner shall set a date for hearing said appeal and notify the licensee by mail of the time and place of the hearing. After the hearing thereon, the Hearing Examiner shall, after appropriate findings of fact and conclusions of law, affirm, modify, or overrule the summary suspension and reinstate the license, and may impose any terms upon the continuance of the license.
The decision of the Hearing Examiner shall be final. The licensee and/or the Director may seek review of the decision by the Superior Court of Washington in and for Pierce County within 21 days from the date of the Hearing Examiner’s decision.
F. 
If a licensee engages in activity during any period of suspension or subsequently violates the TMC that creates a hazardous condition, the license shall be suspended as outlined in this section and revoked for a period of one year. The one-year period shall run from the date of suspension unless a timely appeal is filed as outlined in TMC § 6B.10.140G. In the event a timely appeal is filed but ultimately denied, the one-year period shall begin to run the day after all appellate remedies have been exhausted. The licensee shall not be eligible for any license from the City of Tacoma during this period. At the end of the one-year period, the licensee may apply for a new license, provided that the licensee complies with all requirements for such a license.
(Ord. 27588 Ex. A, 2007-02-20; Ord. 28007 Ex. A, 2011-07-26; Ord. 28207 Ex. A, 2014-03-18; repealed and replaced by Ord. 28529 Ex. B, 2018-09-25; Ord. 28927 Ex. A, 2023-12-19; ratified and reconfirmed by Ord. 28949, 2024-01-16; Ord. 29045 Ex. A, 2025-07-01)
(Statute of limitations – Unlicensed licensees. Ord. 27297 § 1, 2004-11-23; Ord. 28207 Ex. A, 2014-03-18; repealed by Ord. 28529 Ex. B, 2018-09-25)
A. 
Revocation. Upon revocation, suspension, or denial of any license as provided in this chapter, no portion of the license fee shall be returned to the licensee.
B. 
License application withdrawn. Upon licensee request to withdraw their initial application, the fee paid shall be returned to the licensee by the City, together with notice that the application has been withdrawn; provided that no refund shall be made where the licensee has engaged in the business activity for which the license was intended, or where inspection has been performed by any City department to review said license application.
C. 
Overpayment. If, upon request by a licensee for a refund, and if it is determined by the Director that a fee has been paid in excess of that properly due, the excess amount paid shall be credited to the licensee’s account or shall be refunded to the licensee; however, no refund or credit shall be allowed for any payment made to the Director more than four years before the date of such request.
D. 
License fees paid according to Section 6B.20.020C shall not be credited or refunded due to a business’s actual gross income.
(Ord. 27297 § 1, 2004-11-23; Ord. 27588 Ex. A, 2007-02-20; Ord. 28207 Ex. A, 2014-03-18; Ord. 28538 Ex. B, 2018-11-06; Ord. 29045 Ex. A, 2025-07-01)
(Grounds for disqualification of licensees. Ord. 27297 § 1, 2004-11-23; Ord. 28007 Ex. A, 2011-07-26; Ord. 28401 Ex. A, 2016-12-06; repealed by Ord. 28529 Ex. B, 2018-09-25)
All licensees shall be open to inspection, including records required to be maintained pursuant to this subtitle, by the Director, during licensee’s normal business hours and, in any event, from 8:00 a.m. to 5:00 p.m., Monday through Friday. The licensee, business owner, manager, or other responsible party shall allow entry by City of Tacoma officials for the purposes of ensuring for public safety or inspecting for compliance of Title 6 at any time the facility is open. Denial of entry is cause for summary suspension of the license.
(Ord. 27297 § 1, 2004-11-23; Ord. 27588 Ex. A, 2007-02-20; Ord. 28401 Ex. A, 2016-12-06; Ord. 28529 Ex. B, 2018-09-25)
A. 
All persons submitting application for a license shall be investigated by such departments or officers of the City as the Director may determine.
B. 
All persons submitting application for a license in TMC Chapter 6B.20 (Annual Business License), 6B.30 (Adult Entertainment), 6B.70 (Entertainment/Dancing - Alcohol Served), 6B.80 (Entertainment/Dancing - No Alcohol Served and Teenage Dance), 6B.90 (Fire Alarms and Fire Suppression Systems), 6B.110 (Garages, Fuel Stations, and Marine Repair Facilities), 6B.125 (Hazardous Materials), 6B.140 (Transient Accommodations), 6B.145 (Live/Work and Work/Live), 6B.150 (Oil and Gas Delivery Vehicles), 6B.160 (Pawnbrokers, Secondhand Dealers and Garage Sales), 6B.170 (Sales - Door to Door Soliciting), 6B.175 (Sales - Food Truck Vendors), 6B.180 (Sales - Sidewalk Vendors), 6B.220 (For-Hire Regulations), and 6B.230 (Temporary Event - Multiple Vendor License) may be subject to a criminal background check by the Washington State Patrol and/or Federal Bureau of Investigation pursuant to RCW 35.21.920.
C. 
Upon receipt of the fingerprints and the appropriate fees, the Washington State Patrol will compare the subject’s fingerprints against its criminal database and submit the fingerprints to the Federal Bureau of Investigation for a comparison with nationwide records. The results of the Washington State Patrol and Federal Bureau of Investigation’s check will be returned to the Director or the Director’s designee. The Director’s designee shall be an employee of the Finance Department.
D. 
Upon review of the criminal background check, the Director will determine whether the record subject meets the requirements for license denial as outlined in this subtitle.
E. 
A record subject may request and receive a copy of the record subject’s criminal history record information from the Director. Should the record subject seek to amend or correct the record, the record subject must contact the Washington State Patrol for a Washington State record or the Federal Bureau of Investigation for records from other jurisdictions maintained in its file.
(Ord. 27297 § 1, 2004-11-23; Ord. 28007 Ex. A, 2011-07-26; Ord. 28529 Ex. B, 2018-09-25; Ord. 28928 § 4, 2023-12-19; ratified and reconfirmed by Ord. 28950, 2024-01-16)
The Director may, before issuing any final payment to any person performing any public work contract for the City, require such person to pay in full all license fees and penalty due under this subtitle from such person on account of such contract or otherwise, and may require such taxpayer to file with the Director a verified list of all subcontractors supplying labor and/or materials to the person in connection with said public work.
(Ord. 28529 Ex. B, 2018-09-25)
In case of the death of any licensee before the expiration of their license, the licensee’s administrator or executor, duly appointed as such by order of court, may continue to act under said license for the unexpired term thereof upon filing with the City proof of such appointment.
(Ord. 27297 § 1, 2004-11-23; Ord. 28593 Ex. A, 2019-07-02)
(Notice of right to suspend or revoke. Ord. 27297 § 1, 2004-11-23; repealed by Ord. 28529 Ex. B, 2018-09-25)
A. 
A license may only be transferred when any of the following conditions exist:
1. 
Where a person consists of a partnership and there occurs a change in the membership thereof;
2. 
Where a sole proprietor incorporates or forms a limited liability company; or
3. 
Where a corporation dissolves and former shareholders succeed to its interest and the beneficial owners originally procuring the license shall retain not less than a 50 percent interest in said successor entity.
B. 
The prospective transferee shall pay a transfer fee of $50 and shall be subject to all terms, conditions, and requirements of the original application.
C. 
When a license is transferred and issued to the new licensee, the term of such license shall be only for the unexpired term of the original license, and thereafter a new or renewal application shall be required by the new licensee.
(Ord. 27297 § 1, 2004-11-23; Ord. 28529 Ex. B, 2018-09-25)
(Licenses subject to specific controls. Ord. 27297 § 1, 2004-11-23; repealed by Ord. 28529 Ex. B, 2018-09-25)
(Engaging in activity without license – Penalty. Ord. 27297 § 1, 2004-11-23; Ord. 27588 Ex. A, 2007-02-20; repealed by Ord. 28529 Ex. B, 2018-09-25)
Each day that a person shall operate any device, vehicle, or thing, or engage in any business, calling, profession, trade, occupation, or activity licensed herein without having procured a valid existing license as provided for by this subtitle shall constitute a separate offense.
(Ord. 27297 § 1, 2004-11-23; Ord. 28529 Ex. B, 2018-09-25)
The Director may charge off, in accordance with TMC § 1.06.226, any license fee or penalty that is owed by a licensee or licensee, if the Director reasonably ascertains that the cost of collecting such amounts would be greater than the total amount that is owed or likely to be collected from the licensee.
(Ord. 28207 Ex. A, 2014-03-18)
The Director may enter into an agreement, in writing, with any person relating to the liability of such person with respect to any license fee or penalties imposed by any of the chapters within Subtitle 6B and administered by this chapter for any license period(s). Upon approval of such agreement, evidenced by execution thereof by the Director and the person so agreeing, the agreement shall be final and conclusive as to the liability or immunity covered thereby, and, except upon a showing of fraud or malfeasance, or misrepresentation of a material fact:
A. 
The case shall not be reopened as to the matters agreed upon, or the agreement modified, by the Director or the licensee, and
B. 
In any suit, action, or proceeding, such agreement, or any determination, assessment, collection, payment, abatement, refund, or credit made in accordance therewith, shall not be annulled, modified, set aside, or disregarded.
(Ord. 28207 Ex. A, 2014-03-18; Ord. 29045 Ex. A, 2025-07-01)
A. 
Unless another criminal penalty has been prescribed for a violation of a specific provision of this chapter, violation of any of the provisions of Subtitle 6B is a misdemeanor. Any person violating or failing to comply with any of the provisions of this subtitle or any lawful rule or regulation adopted by the Director pursuant thereto, upon conviction thereof, may be punished by a fine in any sum not to exceed $1,000, or by imprisonment for a term not exceeding 90 days, or by both such fine and imprisonment.
B. 
Notice of violation. The Director may issue a Notice of Violation to the person responsible for a violation of this subtitle.
1. 
The notice shall state:
a. 
The address of the site;
b. 
A description of the violations(s) which is (are) to be corrected and a reference to the provisions of the Tacoma Municipal Code which have been violated;
c. 
A description of the action required to correct the violation;
d. 
That the violation needs to be corrected within 10 calendar days, except that if the Director determines the violation needs to be corrected sooner to maintain public health, safety or welfare, a shorter time period may be provided;
e. 
The penalties that may be imposed in the event that the condition is not corrected within the timeframe indicated on the Notice of Violation;
f. 
The name, address and telephone number of the division and person issuing the Notice of Violation; and
g. 
That the person concerned has the right to request an Administrative Review under Section 6B.10.265, and the main details of those rights.
C. 
Any person violating or failing to comply with any of the provisions of this subtitle, or any lawful rule or regulation adopted by the Director pursuant thereto, may also be subject to a civil penalty as described below for each day during which the business is carried on in violation of this subtitle. Civil penalties may continue to accumulate each day until the person comes into compliance with the provisions of this subtitle.
D. 
Civil penalty. Penalties for violations of this chapter may be assessed in the amount of $250.
1. 
The City shall give notice of the penalty.
2. 
The notice shall state:
a. 
That the City has imposed a penalty against the person concerned;
b. 
The amount of the penalty;
c. 
The code violation for which the City considers gave it the power to impose the penalty;
d. 
Any other facts which the City considers justify the imposition of a penalty and the amount or amounts of the penalty;
e. 
That the person concerned has the right to request an Administrative Review under Section 6B.10.265, and the main details of those rights.
f. 
That penalties may accumulate each day until the person comes into compliance with the provisions of this subtitle.
E. 
A Notice under this section shall be given by mail, email, or hand delivery to the person whom the Notice of Violation or Penalty was imposed.
F. 
The City of Tacoma may place a utility restraint on the property.
G. 
Penalties provided in this subtitle may be in addition to all other penalties provided by law.
(Ord. 27297 § 1, 2004-11-23; Ord. 27406 § 3, 2005-08-30; Ord. 27588 Ex. A, 2007-02-20; Ord. 27938 Ex. A, 2010-11-02; Ord. 28007 Ex. A, 2011-07-26; Ord. 28529 Ex. B, 2018-09-25; Ord. 28927 Ex. A, 2023-12-19; ratified and reconfirmed by Ord. 28949, 2024-01-16)
The Director may cancel any civil penalties imposed under Section 6B.10.260 if the person comes into compliance within five business days of the notice or shows that its failure to comply was due to reasonable cause and not willful neglect. Willful neglect is presumed unless the person shows that it exercised ordinary business care and prudence in making arrangements to comply but was nevertheless, due to circumstances beyond the person’s control, unable to comply. The Director has no authority to cancel any other penalties or to cancel penalties for any other reason other than specified in this chapter.
(Ord. 27588 Ex. A, 2007-02-20; Ord. 27938 Ex. A, 2010-11-02; Ord. 28529 Ex. B, 2018-09-25)
A. 
General. A person, to whom a Notice of Violation or Penalty is issued, may request an administrative review of the Notice of Violation or Penalty.
B. 
How to request administrative review. A person may request an administrative review of the Notice of Violation or Penalty by filing a written request with the Director listed as the contact, within ten calendar days from the date of the Notice. The request shall state, in writing, the reasons the Director should review the Notice. Failure to state the basis for the review in writing shall be cause for dismissal of the review. Upon receipt of the request for administrative review, the Director shall review the information provided.
C. 
Decision of director. After considering all the information provided, the Director shall determine whether a violation has occurred and shall affirm, vacate, suspend, or modify the Notice or the amount of any monetary penalty assessed. The Director’s decision shall be mailed in writing to the appellant.
D. 
Appeals to the hearing examiner of director’s decision. Appeal of the Director’s decision shall be made within ten days from the date the Director’s decision was mailed or hand delivered by filing a written notice of appeal, clearly stating the grounds that the appeal is based on, with the City Clerk, and the City Clerk shall set a date for the hearing of such appeal before the Hearing Examiner of the City, which appeal shall be governed by TMC Chapter 1.23, and shall notify the appellant by mail, of the time and place of hearing.
(Ord. 27588 Ex. A, 2007-02-20; Ord. 27874 Ex. A, 2010-02-23; Ord. 28207 Ex. A, 2014-03-18; Ord. 28927 Ex. A, 2023-12-19; ratified and reconfirmed by Ord. 28949, 2024-01-16; Ord. 29045 Ex. A, 2025-07-01)
The director may seek any legal or equitable relief available at any time to mitigate any acts or practices that violate the provisions in subtitle 6B or abate any condition that constitutes a violation of subtitle 6B.
(Ord. 27588 Ex. A, 2007-02-20)
If any provision of this Subtitle 6B or its application to any person or circumstance is held invalid, the remainder of the subtitle or the application of the provision to other persons or circumstances shall not be affected.
(Ord. 27297 § 1, 2004-11-23)