HomeMy WebLinkAbout4024 ORDINANCE NO.
AN ORDINANCE amending Ordinance No. 3898, §29
and §36 relating to business licenses.
THE CITY COUNCIL OF THE CITY OF BREMERTON DOES HEREBY ORDAIN:
SECTION 1: Ordinance No. 3898, §29 is hereby amended to
read as follows:
SECTION 29: Appeals - Any taxpayer aggrieved by the
amount of the fee or tax found by the Treasurer to be required
under the provisions of this Chapter may file a written appeal
with the Office of the Hearing examiner within fourteen (14)
calendar days from the time such taxpayer was given written
notice of such amount. Said notice shall also contain the
taxholder's appeal rights. The hearing before a hearing examiner
shall be conducted in accordance with the procedures for
conducting hearings on appeals of administrative decisions in the
Administrative Procedures Ordinance of the City (Ordinance No.
3961). The determination appealed from shall be regarded as
prima facie correct. The examiner may reverse or modify an
action of the Treasurer and ascertain the correct amount of the
fee or tax due if the Treasurer's determination violates the
terms of this ordinance or is contrary to law. The decision of
the examiner shall be final unless a petition for reconsideration
by the examiner is accepted or appeal of the examiner's decision
is taken to the City Council pursuant to the provisions of the
Administrative Procedures Ordinance.
SECTION 2: Ordinance No. 3898, §36 is amended to read as
follows:
SECTION 36: Suspension or Revocation of Business
License - The Treasurer may revoke or suspend the business
license issued to any person engaged in business activities
within the City of Bremerton who is in default in any payment of
any license fee or occupation tax hereunder, or who shall fail to
comply with any of the provisions of this Chapter, or where any
employee of the licensee is engaged in any conduct which violates
any state or local laws or ordinances at the licensee's place of
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business, and of which the licensee has actual or constructive
notice, or upon the recommendation of the county health
department that such business is being managed, conducted, or
maintained without regard to proper sanitation and hygiene. In
the event the Treasurer shall suspend or revoke the license,
(s)he shall cause to be served upon the licensee an order by
certified mail which states the reasons therefore and the
lciensee's appeal rights. Such revocation or suspension shall
take effect fourteen (14) calendar days from the date of receipt
of notice by certified mail from the Treasurer, unless the
licensee files a written appeal with the Office of the Hearing
Examiner before the effective date of the Treasurer's
administrative decision of revocation or suspension. If a timely
appeal is filed, a hearing before an examiner shall be scheduled
and shall be conducted in accordance with the procedures for
conducting hearings on appeals of administrative decisions in the
Administrative Procedures Ordinance of the City (Ordinance No.
3961). A licensee who has been licensed in the preceding license
year may continue to engage in the activity for which the license
is required, pending decision by the examiner, unless the
Treasurer determines that a clear, substantial and imminent
hazard to the health, safety, welfare, privacy or property of any
person would result. The administrative decision appealed from
shall be regarded as prima facie correct. The examiner may
affirm or deny the Treasurer's decision to suspend or revoke a
license. The decision of the examiner shall be final unless a
petition for reconsideration by the examiner is accepted or
appeal of the decision is taken to the City Council pursuant to
the provisions of the Administrative Procedures Ordinance.
APPROVED by the City Council on the first reading this ~
day of ~r~.~N~_~ , 1986.
PASSED by the City Council of the City of Bremerton, signed
by the Mayor and attested to by the City Clerk in authentication
of such passage this ~ day of ~ , 1986.
G LOBE, Mayor
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ATTEST:
KATHLEEN L. McCLUSKEY, Clerk