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Chapter 4.04
Special Administrative Procedures – LicensingSections:
4.04.010 Definitions.
4.04.020 Activities Requiring License.
4.04.030 Application Procedure.
4.04.040 Functions of License Officer.
4.04.050 Issuance of License.
4.04.060 Record of Licenses.
4.04.070 Responsibilities of Licensees.
4.04.080 Orders to Comply.
4.04.090 Hearing.
4.04.100 Appeal.
4.04.110 Term of Licenses.
4.04.010 Definitions.
Words are to be given their usual meaning. The following terms and their derivations have the meaning given when used in this chapter. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word “shall” is always mandatory and not merely directory.
A. “Business” includes all kinds of activities and matters, together with the devices, machines, vehicles and appurtenances used therein, which are conducted in this city or anywhere else within the City’s jurisdiction.
B. “City” is the City of Spokane.
C. “City council” is the city council of the City.
D. “Insignia,” or its singular number, “insigne,” is any tag, plate, badge, emblem, sticker, or any other kind of device required for use in connection with any license.
E. “License” or “licensee” includes the words “permit” or “permittee” and means the privilege or the holder of any privilege, respectively, under this code or other law or ordinance.
F. “License officer” is, unless otherwise designated:
1. in the case of a class I license, the finance director or his designee;
2. in the case of a class II or III license, the chief of police or his designee;
3. in the case of a license suffixed A, the finance director or his designee;
4. in the case of a license suffixed B, the building official or his designee;
5. in the case of a license suffixed D, the mayor or his designee;
6. in the case of a license suffixed E, the director of engineering services or his/her designee;
7. in the case of a license suffixed F, the fire official or his designee;
8. in the case of a license suffixed S, the city sealer or his designee.
G. “Persons” is meant to include individual natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, or corporations.
H. “Premises” is meant to include all lands, structures, places, the equipment and appurtenances connected or used in any business, and any personal property or fixture used in connection with any business.
[Ord. C32755; Passed: 12/4/2000]
4.04.020 Activities Requiring License.
A. A person, including principals and agents, needs a current and valid license issued under this chapter to begin or to continue, directly or indirectly, any activity provided for in division II of SMC title 10, whether as a commercial business or for nonprofit or charitable purposes.
B. Persons pursuing ordinary vocations and businesses on private property by private means need a class I license, for such activities as:
1. peddling merchandise; and
2. solicitation of money or things of value.
C. Persons conducting activities which have a potential to cause social or economic evil, or useful occupations which may under certain circumstances become a public or private nuisance offensive or dangerous to health, safety, morals, or good order, need a class II license for such activities as:
1. maintaining places and devices of amusement, including teen clubs and cabarets;
2. keeping of animals;
3. building relocation;
4. certain contracting;
5. private detectives and security guards;
6. commercial use and sale of fireworks;
7. private or special police;
8. dealing in used goods; and
9. weights and measures.
D. Persons claiming a private right in or making extraordinary use of public property need a class III license for such activities as:
1. moving buildings;
2. operating cable television;
3. certain contracting;
4. operating for-hire vehicles;
5. collecting garbage or commercial recyclables (SMC 13.02.0204);
6. distributing natural gas;
7. maintaining mechanical newspaper vendors;
8. parades, special events and demonstrations;
9. operating telephone and telegraph equipment;
10. operating sidewalk cafes; and
11. doing commercial tree work.
[Ord. C33120 § 1; Passed: 12/9/2002]
4.04.030 Application Procedure.
A. In addition to the further requirements of this chapter for the particular license, an applicant for a license must:
1. tender the license fee; and
2. make written application on forms supplied by the license officer, furnishing:
a. the name(s) under which the activity is to be conducted,
b. the address or location(s) where the activity is to be conducted,
c. the details concerning any required bond or insurance, and such license, certification, registration, or other approval by other government agencies,
d. the name and address of a responsible agent resident in Spokane County upon whom service or notice or process can be made, in the event the licensee is not a resident of Spokane County, and
e. such other information as may be required by rule or regulation.
B. An applicant for a class II or class III license, except for keeping animals, relating to weights and measures, building moving and relocation, contracting, mechanical newspaper vending, and operating utilities, including cable television, may be required to furnish the criminal history of each principal, officer, or other person dealing with the public in the conduct of the activity. The license officer may adopt rules specifying the requirement of this subsection for the various licenses.
C. An applicant for a class III license which involves the use of motor vehicles may be required to establish compliance with state licensing, registration and inspection requirements and to submit to City examination, inspection, identification and registration requirements as provided in this code or by regulation of the license officer.
D. An applicant for a renewal of a license or for a supplemental license to authorize further or different activities makes application in the same manner as for the original license.
E. An applicant for a duplicate license must state in writing that the original license is in effect and has been lost, destroyed, or materially defaced and must surrender the original license if in his possession.
[Ord. C26338, § 7]
4.04.040 Functions of License Officer.
A. The auditor and police chief have general supervision over the administration of this chapter, including the adoption of rules and forms, the coordination of interested government officials in the processing of applications and the suspension or revocation of licenses, the investigation of applicants and licensees, the conduct of hearings, and the keeping of records.
B. Until some governmental officer files an affidavit with the license officer alleging that a licensee is creating a nuisance or is in violation of law, the license officer limits the investigation of an applicant or licensee to required books and records in the case of class I licenses, and to required books and records and the premises in the case of other licenses.
C. When some governmental officer files a written report with the license officer alleging nuisance or violation of law, or when the license officer has reason to believe that information supplied by the applicant is false or materially misleading, the license officer makes such investigation as is warranted in the circumstances to ascertain compliance with all applicable laws.
D. The license officer is entitled to the assistance of other City employees in the enforcement of this code and has authority to apply for writs, warrants, or other process from the courts.
E. The license officer suspends or revokes a license by provisional or summary order as provided in SMC 4.04.080.
[Ord. C26737, § 5]
4.04.050 Issuance of License.
A. The license officer endeavors to issue or determine not to issue a license within fifteen days of application.
B. Unless the investigation reveals that the applicant has not made good tender of the license fee, has not furnished sufficient and accurate information, or is not otherwise eligible, the license officer delivers the original of the license along with any insigne to the licensee.
[Ord. C24383 § 18.01.070]
4.04.060 Record of Licenses.
A. The license officer determines the system for maintaining records of all licenses issued, along with bond and insurance documents, and of applications.
B. In addition to the records of the license officer, the existence and terms of each license issued under this chapter is made known by display of the license or insigne as follows:
1. Premises.
a. The license is posted on the licensed premises where it is conspicuous.
b. The insigne is affixed to the inside glass of a window or door facing a public way or, if none, affixed prominently near the principal public entrance.
2. Vehicles. The insigne is affixed to the inside of the windshield of the licensed vehicle or, if there is no windshield, on the outside of the vehicle.
3. Persons. The license is carried on the person of the licensee in such manner that it can be readily displayed to a license officer.
4. Machines or Equipment. The insigne is affixed to the outside of the device where it can be seen.
5. Animals. The license or insigne is attached to a collar worn around the animal’s neck.
[Ord. C24383 § 18.01.110(B)]
4.04.070 Responsibilities of Licensees.
A. A licensee under this chapter is responsible for the continued compliance with all applicable laws and conditions of licensure under this code by all principals, agents, employees and representatives.
B. A licensee shall keep required books and records and the licensed premises, vehicle, or equipment, as the case may be, in good order and available to reasonable inspection by a license officer.
C. A licensee is required to cease activity and to cease display of all licenses and insignia whenever and so long as the license is expired, suspended, or revoked.
D. A licensee may not transfer any license or insigne without authorization by the license officer.
E. A licensee who does not reside or maintain a principal place of business in the city is required to maintain a resident agent for the service of notices and process and to keep the license officer informed in writing of the name and address of such agent. By applying for a license under this chapter, a licensee agrees that, upon failure to maintain a designated resident agent as required by this section, the licensee appoints the city clerk as agent for service of process and other orders.
[Ord. C24383, §§ 18.01.040(B), 18.01.110]
4.04.080 Orders to Comply.
A. Whenever from personal investigation or written report of an appropriate official, the license officer has reason to believe that a licensee is in violation of law or a condition of the license, including the requirement to keep any required bonds and insurance in force and unimpaired, in addition to whatever other cause of action may be available to enforce this code, the license officer may issue a provisional or summary order.
B. The license officer in the provisional order gives in writing notice of the violation and orders the licensee to comply within ten days.
C. The license officer by the summary order declares findings that the conduct or operations of a licensee or a licensed activity are so inimical to public health, safety, or general welfare as to constitute a nuisance and create an emergency, suspends the license and orders cessation of the activity. The license officer may make further orders, such as closure of the premises, impoundment of the vehicle or animal, and demand against the bond, as the circumstances require.
D. The license officer serves an order under this section by causing a copy to be personally served upon the licensee or upon some responsible agent, to be mailed by certified mail to the address shown on the face of the license, to be posted on the premises and mailed to the address shown on the license, or to be served in some other manner reasonable in the circumstances.
E. A provisional order not complied with or summary order under this section becomes final and the license is revoked if such order is not superseded by an order resulting from a timely hearing.
[Ord. C26737, § 6]
4.04.090 Hearing.
A. If the licensee or other interested person makes written request to the license officer within ten days of the issuance of a provisional order to comply, the license officer schedules a hearing.
B. Unless the licensee within seven days of the issuance of a summary order files with the license officer a written waiver, the license officer schedules a hearing.
C. The license officer gives notice of a hearing in the same manner as orders to comply are served.
D. The license officer’s order upon a hearing is final, subject to appeal as provided in SMC 4.04.100.
E. Unless otherwise provided by an ordinance dealing specifically with the subject of a license or by rule, the hearings conducted by the license officer under this section are informal administrative hearings. They are conducted to determine the factual basis for entitlement to a regulatory license required in the exercise of the police power. They are not governed by the rules of procedure and evidence of courts.
F. The license officer causes minutes of the hearing to be made and includes in the written order a summary of the salient facts found from the files and hearing.
G. The order may revoke or suspend or reinstate the license upon such conditions as are warranted.
H. The license officer promulgates the order from a hearing in the same manner as orders to comply are served.
[Ord. C26737 §§ 7, 8]
4.04.100 Appeal.
A. A person aggrieved by the order of the license officer upon hearing may appeal by filing within ten days of the order a written appeal, containing a statement of the factual and legal grounds for the appeal, with the mayor in the case of class I and class II licenses, and with the city clerk in the case of class III licenses, and by filing a copy of the appeal with the license officer.
B. Hearing Officers.
1. The mayor, in the case of class I and class II licenses, may hear and decide the appeal or may appoint a person other than the license officer to act as hearing officer; except that in the case of a class IIB license under SMC chapter 10.29 the appeal is heard and decided by the appropriate board of examiners. The mayor fixes a time and place for the hearing and causes written notice of the time and place, and the identity of the hearing officer, if any, to be given to the appellant and the license officer; the director of building services sets up and gives notice of the hearing by the examining board.
2. The city council, in case of class III licenses, determines whether the appeal will be heard by the whole council, a committee, or a hearing officer. The council fixes a time, at least two weeks hence, and place for hearing. The clerk mails notice of the time and place and person(s) to hear the appeal to the appellant and to the license officer and publishes the notice once in the Official Gazette.
C. The person or body conducting the hearing causes a verbatim record of testimony and a file of documents introduced to be made.
D. The person or body conducting the hearing causes findings or conclusions on the issues in dispute to be made in writing as part of the record and affirms, overrules, modifies, or remands the decision appealed.
[Ord. C32755; Passed: 12/4/2000]
4.04.110 Term of Licenses.
Unless otherwise provided, licenses are valid for one year, or part of a year, ending January 31st.
[Ord. C26338 § 8]
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