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Ordinance 2058-95
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Ordinance 2058-95
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Ordinances
Ordinance Number
2058-95
Date
5/31/1995
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• <br /> • <br /> any provisions of this chapter. Additionally, any manager or entertainer issued a <br /> temporary permit shall be subject to the penalty provisions provided in this chapter. <br /> 1. In the event that the city denies a license, the city shall within the aforesaid <br /> time period (five days for public place of adult entertainment license, three days for <br /> entertainers/managers) notify the applicant of the denial and the reasons therefor. The <br /> denial shall be for a period of time not to exceed one year. Such decision of the clerk shall <br /> be final and conclusive as of the date of the notification, unless within fifteen (15) days <br /> following the notification, the applicant obtains a writ of certiorari from the Superior <br /> Court of Washington for Snohomish County, for purpose of review of the clerk's denial. <br /> If the applicant obtains such a writ of certiorari, the clerk's denial will be stayed. The <br /> applicant will be provided a temporary permit. Such temporary permit will remain in <br /> effect until a final judicial determination on the merits is reached. Any manager or <br /> entertainer issued a temporary permit shall comply with the provisions of this chapter and <br /> such permit shall be withdrawn by the city in the event the permittee violates any <br /> provisions of this chapter. Additionally, any manager or entertainer issued a temporary <br /> permit shall be subject to the penalty provisions provided in this chapter. <br /> Section 4: Section 1(L) of Ordinance No. 1196-85, as amended by section 5 of <br /> Ordinance No. 1240-86 (EMC 5.120.120), which reads as follows: <br /> Suspension or revocation of licenses-Notice-Summary suspension or revocation. <br /> A. The city clerk may suspend or revoke any license issued pursuant to this <br /> chapter for a period of time not to exceed one year where one or more of the following <br /> conditions exist: <br /> 1. The license was procured by fraud or false representation of fact in the <br /> application or in any report or record required to be filed with the clerk; <br /> 2. The building, structure, equipment, operation or location of the business for <br /> which the license was issued does not comply with the requirements or fails to meet the <br /> standards of this chapter; <br /> 3. The licensee, his or her employee, agent, partner, director, officer or manager <br /> has violated or permitted violation of any of the provisions of this chapter. <br /> B. The procedure for revoking or suspending a license under this chapter shall be <br /> the following: Upon determining that grounds for revocation or suspension exist, the city <br /> clerk shall send the license a notice of intent to revoke or suspend the license. Such notice <br /> shall set forth the grounds for suspension or revocation and schedule a hearing before the <br /> clerk or his/her designee. The hearing shall be held no earlier than three and no later than <br /> ten working days from the date of notice of intent to revoke. The licensee shall be <br /> permitted to present evidence in support of his position at the hearing. Within two <br /> working days after the hearing, the hearing examiner shall notify the licensee in writing of <br /> his/her determination and reasons therefor. Should the licensee disagree with the <br /> determination, he/she must file a notice of nonacceptance with the city attorney's office <br /> within ten working days of receipt of the hearing examiner's determination. In the event <br /> that a notice of non-acceptance is not filed, the hearing examiner's determination shall <br /> become final and the suspension/revocation shall be given immediate effect. <br /> ADULT ENTERTAINMENT ORDINANCE AMENDMENT PAGE 4 <br />
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