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Ordinance 2809-04
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Ordinance 2809-04
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Ordinances
Ordinance Number
2809-04
Date
12/15/2004
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and may be punished by a fine not to exceed $5,000, or imprisonment not to <br /> exceed one year, or both fine and imprisonment. <br /> 3.19.240 Suspension or revocation of business license, appeal. <br /> A. The Director, or designee, shall have the power and authority to suspend <br /> or revoke any license issued under the provisions of this chapter. The Director, or <br /> designee, shall notify such licensee in writing by certified mail of the suspension <br /> or revocation of his or her license and the grounds therefor. Any license issued <br /> under this chapter may be suspended or revoked based on one or more of the <br /> following grounds: <br /> 1. The license was procured by fraud or false representation of fact. <br /> 2. The licensee has failed to comply with any provisions of Chapters 3.20, <br /> 3.24, 3.28 and 3.36. <br /> 3. The licensee is in default in any payment of any license fee or tax under <br /> Chapters 3.20, 3.24, 3.28 and 3.36. <br /> 4. The licensee or employee has been convicted of a crime involving the <br /> business subject to tax under Chapters 3.20, 3.24, 3.28 and 3.36. <br /> B. Any licensee may, within ten days from the date that the suspension or <br /> revocation notice was mailed to the licensee, appeal from such suspension or <br /> revocation by filing a written notice of appeal ("petition") setting forth the grounds <br /> therefor with the finance and budget committee of the city council. A copy of the <br /> petition must be provided by the licensee to the Director and the city attorney on <br /> or before the date the petition is filed with the finance and budget committee of <br /> the city council. The finance and budget committee of the city council shall set a <br /> date for hearing said appeal and notify the licensee by mail of the time and place <br /> of the hearing. After the hearing thereon the finance and budget committee of the <br /> city council shall, after appropriate findings of fact, and conclusions of law, affirm, <br /> modify, or overrule the suspension or revocation and reinstate the license, and <br /> may impose any terms upon the continuance of the license. <br /> No suspension or revocation of a license issued pursuant to the provisions of <br /> this subchapter shall take effect until three days after the mailing of the notice <br /> thereof by the Director, and if appeal is taken as herein prescribed the <br /> suspension or revocation shall be stayed pending final action by the finance and <br /> budget committee of the city council. All licenses which are suspended or <br /> revoked shall be surrendered to the city on the effective date of such suspension <br /> or revocation. The decision of the finance and budget committee of the city <br /> council shall be final. The licensee and/or the Director may seek review of the <br /> decision by the superior court of Washington in and for Snohomish County within <br /> twenty days from the date of the decision. If review is sought as herein <br /> prescribed the suspension or revocation shall be stayed pending final action by <br /> the superior court. <br /> C. Upon revocation of any license as provided in this subchapter no portion of <br /> the license fee shall be returned to the licensee. <br /> 3.19.250 Closing agreement provisions. <br /> The Director may enter into an agreement in writing with any person relating to <br /> the liability of such person in respect of any tax imposed by any of the chapters <br /> within this title and administered by this chapter for any taxable period(s). Upon <br /> approval of such agreement, evidenced by execution thereof by the Director and <br /> the person so agreeing, the agreement shall be final and conclusive as to the tax <br /> liability or tax immunity covered thereby, and, except upon a showing of fraud or <br /> malfeasance, or misrepresentation of a material fact: <br /> 13 <br />
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