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Ordinance 1196-85
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Ordinance 1196-85
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Ordinances
Ordinance Number
1196-85
Date
12/12/1985
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• <br /> • <br /> 1 before the Clerk or his/her designee. The hearing shall be held no earlier <br /> than three (3) and no later than ten (10) working days from the date of <br /> 2 notice of intent to revoke. The Licensee shall be permitted to present <br /> evidence in support of his position at the hearing. Within two (2) working <br /> 3 days after the hearing, the Hearing Examiner shall notify the Licensee in <br /> writing of his/her determination and reasons therefor. Should the <br /> 4 Licensee disagree with the determination, he must file a notice of <br /> nonacceptance with the City Attorney's Office within five (5) working <br /> 5 days of receipt of the Hearing Examiner's determination. In the event <br /> that a notice of nonacceptance is not filed, the Hearing Examiner's <br /> 6 determination shall become final and the suspension/revocation shall be <br /> given immediate effect. <br /> 7 <br /> The City shall, within five (5) working days following receipt of a <br /> 8 notice of nonacceptance, file a complaint with the Snohomish County <br /> court enjoining the Licensee from operating his business. The burden of <br /> 9 proof shall be on the City. The status quo shall be maintained and the <br /> Hearing Examiner's determination of revocation or suspension shall not be <br /> 10 effective until a final judicial determination on the merits affirming the <br /> suspension/revocation is rendered. <br /> 11 <br /> 12 M. Licensing - Compliance With Other City Ordinances - Inspections. <br /> 13 1. All other City approvals and permit issuance other than those <br /> specifically set forth herein including but not limited to fire, <br /> 14 building, and zoning, are separate from the licensing process set <br /> forth in this chapter, notwithstanding Chapter 5.04 E.M.C. The <br /> 15 granting of any license or the providing of any approval pursuant to <br /> this chapter shall not be deemed to be an approval of any City <br /> 16 permit or approved not specifically set forth in this chapter. <br /> 17 2. Licensees operating premises licensed under this chapter shall hold <br /> those areas upon the premises which are accessible to the public <br /> 18 open for routine regulatory inspections by the City during business <br /> hours to ensure compliance with the requirements of this chapter. <br /> 19 This section shall not restrict or limit the right of entry vested in <br /> any law enforcement agency or the Fire Department. <br /> 20 <br /> 21 N. Violation a Misdemeanor. <br /> 22 Any person violating any of the provisions of this chapter is guilty <br /> of a gross misdemeanor and upon conviction thereof, shall be punishable <br /> 23 by a fine not to exceed one thousand dollars ($1,000) or imprisonment in <br /> jail not to exceed ninety (90) days, or both imprisonment and fine. Each <br /> 24 separate day or any portion thereof, during which any violation of any <br /> provision of this chapter occurs or continues, shall be deemed a separate <br /> 25 and distinct offense. <br /> 26 <br /> O. Civil Remedies. <br /> 27 <br /> 28 The violation of or failure to comply with any of the provisions of <br /> this chapter is declared to be unlawful and a public nuisance. The City <br /> 29 Clerk may seek legal or equitable relief to enjoin any act or practice <br /> which constitutes or will constitute a violation of any regulation herein <br /> 30 adopted. <br /> 31 / / / / / <br /> 32 / / / / / <br /> -7- <br />
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