2017/07/19 Council Agenda Packet

1 D. Civil Infraction Violations including the Quick Service Probationary License Requirement. Civil infractions for violating the Dress Requirement shall be issued against the owner of the Facility by Everett Police and/or Everett Code Enforcement. 1. First violation. The first infraction issued to a Quick Service Facility shall be a$250 fine assessed against the owner. In addition,the owner shall be required to obtain and maintain a Quick Service Probationary License issued in accordance with Section 4(C) (1) of this Ordinance for five consecutive years following a violation in order to operate a Quick Service Facility at the location where the violation occurred. • 2. Subsequent Violations, If an owner of a Quick Service Facility is operating with a Quick Service Probationary License and the owner or an employee violates the dress requirement,the infraction issued to an owner shall be a$500 fine assessed against the owner. In.addition,the owner shall be required to continue to have a Quick Service Probationary License for five years following the subsequent violation to operate any Quick Service Facility at the location where the subsequent violation occurred. If the owner receives two or more infractions While required to have a Quick Service Probationary License,those citations shall serve as ground for revoking the Quick Service Probationary License pursuant to Section 4(C). 3. Notice of infraction and of the Quick Service Probationary License requirement. An owner of a Quick Service Facility shall be deemed to have notice of the infraction and of the Quick Service Probationary License requirement if the citation and notice is either mailed to the Owner via first class mail to the address provided in the owner's application for a City business license for the Quick Service Facility(provided if there is no application,then notice may be mailed to an address determined by the City to be the owner's) or by having it hand-delivered to the Quick Service Facility's location and provided to the owner, or any employee who is 18 years or older. The notice shall identify the address of the Quick Service Facility,the violation of the Dress Requirement and the date and time the violation occurred. 4. Appeal of infraction. Any challenge of an infraction shall be in accordance with the rules in Washington State Infraction Rules for Courts of Limited Jurisdiction. Pursuant to Infraction Rule 2.4 any such appeal must be filed within 15 days of the service of the notice of infraction. • t Probationary. License Application,Denial, and Revocation. 1. Application for a Probation License Requirement. An owner of a Quick Service Facility required to obtain a Quick Service Probationary License shall apply for the license using the procedures in EMC 5.04.050, subject to the following additional requirements: (a) the applicant must affirm that the owner has adopted a mandatory dress code that complies with the dress requirement in Section 3 of this Ordinance and has posted that dress code in a conspicuous location on or within the Quick Service Facility where it can be easily viewed by the employees of the Quick Service Facility; 16 c