2012/08/15 Council Agenda Packet

1 9. City Clerk's letter denying Nomiju's application for an overnight lodging license 10. Mi Young Ahn's petition for appeal 11. Letter and photograph's submitted by Mi Young Ahn in support of Nomiju's appeal Based upon a review of the above record, the following Findings of Fact and Conclusions of law hereby constitute the basis of the decision of the Everett City Council. FINDINGS OF FACT 1. Nomiju Corporation is the owner of the property at 1122 N. Broadway. Exhibit 1. 2. Mi Young Ahn is the sole owner of Nomiju Corporation. Exhibit 2. 3. On May 30, 2012, the City received Nomiju's application for an overnight lodging license. Exhibit 2, page 3, Treasurer's receipt number. 4. The application was dated January 12, 2012. But, for an uknown reason, Ms. Ahn waited over four months to submit it to the Clerk's Office. Exhibit 2. 5. The City Clerk consulted with Sergeant Bruce Bosman when reviewing the application. Through a letter dated June 26, 2012, Sergeant Bosman recommended the City deny the license due to the Best Inn's failure to comply with Sections 5.04.030.A.2 and 4 of the Everett Municipal Code (the "EMC"), which state: A. The general requirements relating to all licenses in this title are as follows: 1. No person shall make false statements in the application; 2. No license shall enable any person to engage in any dishonest, unlawful or unfair act, practice or enterprise; 3. The applicant must comply with the requirements of the ordinances relating to zoning, building, fire hazards, health and sanitation; 4. The applicant must be in compliance with all applicable federal, state or other licensing and/or permit requirements. B. Failure to comply with the aforesaid general requirements shall be grounds for denial, suspension or revocation of any license issued pursuant to this title. EMC 5.04.030. Exhibit 3. 6. Failure to meet any one of the requirements of EMC 5.04.040.A is grounds for denying a special license application. 14 --