This chapter provides license requirements for certain businesses and activities that require an extra level of scrutiny because they may have impacts on the health, safety and welfare of the community.
(Ord. 345 § 2, 2004)
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given in this section.
A. 
“Business”
is any commercial enterprise, profession or activity conducted by any person or persons on any premises in the city.
B. 
“City”
means the city of Shoreline, Washington.
C. 
“Clerk”
means such city employees or agents as the city manager shall designate to administer this chapter, or any designee thereof.
D. 
“Conviction”
means an adjudication or conviction of guilt and occurs at such time as a plea of guilty has been accepted or a verdict of guilty has been filed, notwithstanding the pendency of any future proceeding including but not limited to sentencing or disposition, posttrial or post-factfinding motions, and appeals. Conviction also means a bail forfeiture and includes all instances in which a plea of nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended.
E. 
“Fee schedule”
means the impact fee rates and charges established by resolution of the city council pursuant to Chapter 3.01 SMC.
F. 
“License”
is legal permission to operate or own a specified thing, or the holder for any use or period of time of any similar privilege, wherever relevant to any provision of this chapter or other law or ordinance.
G. 
“Person”
includes individual natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts or corporations, or any officer, agent, employee, or any kind of personal representative of any officer, agent, employee thereof, in any capacity, acting either for themselves, or any other person, under either personal appointment or pursuant to the law.
H. 
“Premises”
includes all lands, structures and places, and also any personal property which is either affixed to or is otherwise used in connection with any such business conducted on such premises.
(Ord. 345 § 2, 2004; Ord. 920 § 2 (Exh. B), 2021)
A. 
It is unlawful for any person to engage in any business as provided in this chapter within the city limits without first obtaining a license pursuant to the provisions of this chapter.
B. 
The fees and penalties associated with the licenses described in this section are set forth in the business license fee schedule in Chapter 3.01 SMC.
C. 
All registrations shall be renewable on the thirty-first day of December of each year. The clerk shall send notice of renewals to each license holder by December 1st of each year.
D. 
Fees becoming due for less than one year shall be prorated on a quarterly basis.
E. 
A duplicate license shall be issued by the clerk to replace any license previously issued, which has been lost, stolen, defaced or destroyed, upon the paying to the clerk of the required fee.
F. 
Any notice required by this chapter to be mailed to any license holder shall be sent by ordinary mail, addressed to the license holder shown by the records of the clerk or, if no such address is shown, to such address as the clerk is able to ascertain by reasonable effort. Failure of the license holder to receive such mailed notice shall not release the license holder from any fee or penalties thereon, nor shall such failure of the business to operate extend any time limit set by the provisions of this chapter.
(Ord. 345 § 2, 2004; Ord. 451 § 8, 2006)
A. 
Every person required to have a business license under the provisions of this chapter shall submit a written application for such license to the clerk upon a form provided by the clerk.
B. 
The clerk shall issue a receipt to the applicant for the money paid in advance subject to the following conditions. A receipt shall not be construed as the approval of the clerk for the issuance of a license, nor shall it entitle or authorize the applicant to open or maintain the business permitted by that license.
(Ord. 345 § 2, 2004)
The clerk shall collect all license fees and shall issue licenses in the name of the city to all persons qualified under the provisions of this chapter and shall:
A. 
Adopt all forms and prescribe the information required to implement this chapter.
B. 
Submit all applications to the appropriate departments for their endorsements as to compliance by applicant with all city regulations which they have the duty of enforcing.
C. 
Provide the license or notify the applicant of the rejection of their application; upon denial of any application, state in writing the reasons therefor and the process for appeal thereof, and deliver this to the applicant.
D. 
Deny any application for a license upon written findings that the issuance conflicts with this chapter or with other city regulations.
1. 
Whenever any such application is denied, the applicant may appeal the decision to the hearing examiner or other designated hearing body as may hereafter be established by the city council for the hearing of such appeals, by filing a notice of appeal with the clerk within 14 days of receiving notice of the action from which appeal is taken.
2. 
The hearing body, upon receipt of a timely notice of appeal, shall set a date for a hearing of such appeal within 30 days from the date of such receipt, unless extended by mutual agreement or for good cause shown. The hearing shall be de novo. The hearing body shall hear testimony, take evidence and may hear oral argument and receive written briefs.
3. 
The decision of the hearing body on an appeal from a decision of the clerk shall be based upon a preponderance of the evidence. The burden of proof shall be on the city.
4. 
Any person aggrieved by the decision of the hearing examiner or other designated hearing body shall have the right to appeal the decision to the superior court by writ of certiorari filed and served upon the city within 14 calendar days after the date of the hearing examiner’s or other hearing body’s decision.
(Ord. 345 § 2, 2004)
A. 
Upon receipt of the license, it shall be retained on premises where it may be inspected at any time.
B. 
Licenses issued under the provisions of this chapter shall not be transferable or assignable.
C. 
The agents or other representatives of nonresidents who are doing business in the city shall be personally responsible for the compliance of their principals and the businesses they represent.
(Ord. 345 § 2, 2004)
A late penalty shall be charged on all applications for renewal of a license received later than 10 working days after the expiration date of such license as set forth in the fee schedule.
(Ord. 345 § 2, 2004; Ord. 451 § 8, 2006; Ord. 920 § 2 (Exh. B), 2021)
A. 
Any license issued under the provisions of this chapter may be revoked by the clerk if the further operation of the business would be in violation of any federal or state law or any ordinance or regulation of the city. The clerk shall cause to be served upon such parties as may be deemed to be interested therein such reasonable notice as many be determined to be proper of intention to revoke such license.
B. 
Whenever any such license is revoked, the license holder may appeal such action as described in SMC § 5.07.060(D). The filing of such an appeal shall stay the action of the clerk.
(Ord. 345 § 2, 2004)
Any violation of this chapter shall constitute a misdemeanor and the punishment shall be as provided by the laws of the state of Washington.
(Ord. 345 § 2, 2004)
Notwithstanding the existence or use of any other remedy, the clerk may seek legal or equitable relief to enjoin any acts or practices which constitute or will constitute a violation of any business license ordinance or other regulations herein adopted.
(Ord. 345 § 2, 2004)