5.01.130 Suspension or revocation procedure.
A. In addition to the other penalties provided herein or by law, any business license issued under the provisions of this chapter may be revoked or suspended, should any or all of the following conditions apply:
1. The license was procured by fraud, false representation, or material omission of fact; or
2. The licensee or any of its employees, officers, agents or servants, while acting within the scope of their employment, violates or fails to comply with any of the provisions of this chapter; or
3. The licensee’s continued conduct of the business for which the license was issued has or will result in a danger to the public health, safety or welfare, or the violation of any federal or state law or any ordinance or regulation of the city; or
4. The licensee, or any of its employees, officers, agents or servants has been convicted in any court of violating any federal, state or city criminal statute or ordinance upon the business premises stated in the license; or
5. The place of business does not conform to city ordinance; or
6. The license is being used for a purpose different from that for which it was issued.
B. If the city license officer has reasonable cause to believe that any of the conditions listed in subsection (A)(1) through (A)(6) above have occurred or exist with respect to any existing business license, licensee or licensed premises, the city license officer shall send a notice to the licensee of a hearing to be held before the city council, for the purpose of determining whether these conditions have occurred, and whether a revocation or suspension hearing is warranted under the circumstances. Such notice shall state the conditions listed in subsection (A)(1) through (A)(6) that the city license officer has reason to believe exist or have occurred, and shall also contain the date and time of the city council hearing at which the issue will be considered. Notices to the licensee of the hearing shall be given by certified mail at least 14 days prior to the date of the hearing. At the hearing, the licensee shall have an opportunity to present evidence and testify in opposition to any evidence or information submitted or presented by the city license officer.
C. If the council decides at the pre-determination hearing described in subsection B above that the conditions listed in subsection (A)(1) through (A)(6) have occurred or exist with respect to a licensee, its employees, officers, agents or premises, the council may direct the city license officer to send notice to the licensee of a hearing to be held on the issue whether the business licensee of the licensee or licensed premises shall be revoked or suspended. Said notice shall state the intention of the city to revoke or suspend said license, the reason for such suspension or revocation, and the date and time of the meeting of the city council at which such will be considered. The licensee shall have the right to appear at said meeting to present evidence and testify in opposition to such revocation or suspension. Such notice shall be given by certified mail to the licensee at least 14 days prior to the date of said hearing.
D. If the council decides at the pre-determination hearing described in subsection B above that the conditions listed in (A)(1) through (A)(6) above have occurred or exist with respect to a licensee, its employees, officers, agents or premises, the council may, as an alternative to setting a date for a revocation or suspension hearing, request that the city license officer address the conditions through the enforcement procedures set forth in GHMC 5.01.150 through 5.01.190.
E. Upon revocation of any license as provided in this chapter, no portion of the license fee shall be returned to the licensee.
F. The city council’s decision on such business license shall represent the final action by the city, unless an appeal is made to the superior court of Pierce County, within 10 working days of such decision.
G. It is unlawful for any person whose license has been revoked or suspended to continue to engage in business in the city, or to keep the license issued to him/her in his/her possession and control, and the same shall immediately be surrendered to the city license officer. When revoked, the license shall be canceled, and when suspended, the city license officer shall retain it during the period of suspension. (Ord. 1394 § 6, 2018; Ord. 666 § 1, 1994).