Seattle Mun. Code ch. 6.295, subch. III, § 6.295.160 Suspension or revocation—Grounds, duration and administrative appeal.
6.295.160 - Suspension or revocation—Grounds, duration and administrative appeal.
A. A license issued pursuant to this chapter may be suspended or revoked pursuant to the terms of this chapter upon a finding that any one (1) or more of the following violations exist or have occurred:
1. The license was procured by fraud or false representation or omission of material fact in the license application; or
2. The applicant or licensee, or natural person who made the license application on behalf of the applicant or licensee, or any limited partner, partner, owner or principal of the applicant or licensee has:
a. Knowingly made any false statement or given any false information in connection with an application for a license; or
b. Violated any of the provisions of this chapter or has committed any act which is a ground for denial of a license issued pursuant to this chapter; or
3. The licensee, or any employee or agent thereof, has knowingly allowed or permitted to occur at any all-ages dance venue:
a. Any felony crime of violence as defined by RCW 9.41.010(11), a most serious offense as defined by RCW 9.94A.030(27), a violent offense as defined by RCW 9.94A.030(44), or a felony involving the use or display of a deadly weapon; or
b. Any felony sexual offense, including but not limited to a sex offense as defined by RCW 9.94A.030(37) or RCW Ch. 9A.44, a felony as defined by RCW Ch. 9.68A (sexual exploitation of minors) or RCW Ch. 9A.88 (indecent exposure and prostitution), a felony sexual offense included under RCW 43.43.830(5) (crimes against children or other persons), or extortion to obtain sexual favors pursuant to RCW 9A.56.110; or
c. Any felony sexual offense involving a minor as the victim, or any crime involving prostitution or promoting prostitution, or indecent exposure; or
d. Any act of solicitation for prostitution; or
e. The unlawful possession of any weapon or firearm; or
4. On three (3) or more occasions during any one (1)-year period, the licensee or any employee or agent thereof has knowingly allowed or permitted to occur at any all-ages dance venue or combination of venues:
a. The unlawful possession, consumption, opening, sale, purchase or supplying of liquor as defined in RCW 66.04.010(20); or
b. The unlawful possession, manufacture, sale, delivery, dispensing, distribution, or the possession with intent to manufacture, sell, deliver, dispense or distribute a drug, legend drug or controlled substance.
For purposes of this subsection A4, the actions or knowledge of an employee or agent of the licensee shall be imputed to the licensee; or
5. On three (3) or more occasions during any one (1)-year period, any building, structure or premises at which the licensee operated or conducted any all-ages dance, or any combination of such buildings, structures or premises, failed to comply with the building, land-use, planning, health or fire codes.
B. The duration of any suspensions or revocations of licenses issued under this chapter shall be as follows:
1. A thirty (30)-day suspension upon the first violation during any one (1)-year period;
2. A ninety (90)-day suspension upon the second such violation;
3. A one (1)-year revocation upon the third such violation;
Provided, however, that if a license is suspended or revoked because any person listed in Subsection A2 of this Seattle Municipal Code Section 6.295.160 has been determined to be a sexually-violent predator, or has been convicted of a crime set forth in subsections C or D of Seattle Municipal Code Section 6.295.100, then the person against whom such finding or conviction has been entered shall be disqualified from licensing pursuant to this chapter, or from being an applicant, a limited partner, partner, owner or principal of an applicant, or from making an application on behalf of an applicant under this chapter, during the relevant periods of disqualification set forth in subsections B, C or D of Seattle Municipal Code Section 6.295.100; and
Provided further, that the fourth and subsequent occasions during any one (1)-year period on which the licensee or any employee or agent thereof has knowingly allowed or permitted to occur those activities set forth in subsection A4 of this Seattle Municipal Code Section 6.295.160, or on which any building, structure or premises of a licensee has failed to comply with the building, land-use, planning health or fire codes as set forth in subsection A5 of this Seattle Municipal Code Section 6.295.160, each shall be counted as a separate violation for which a license issued pursuant to this chapter may be suspended or revoked.
C. Notice and Administrative Review.
1. For each occasion on which it is alleged the licensee, or any employee or agent thereof, has knowingly allowed or permitted those activities set forth in subsection A4 of this Seattle Municipal Code Section 6.295.160, or on which any building, structure or premises has failed to comply with the building, land-use, planning health or fire codes as set forth in subsection A5 herein, and which occasion does not constitute a violation for which a license issued pursuant to this chapter may be suspended or revoked, the Director shall give written notice to the affected licensee. Such notice shall be mailed or delivered to the licensee within ten (10) days of such time that the Director was made aware of such occasion.
2. Any such notice shall state that the licensee is entitled to a hearing to respond to the notice and introduce any evidence to refute the allegations contained in the notice. Upon written request filed within ten (10) days after the date of the notice, the Director shall set a hearing date, which shall be not more than fourteen (14) days from the date of the receipt of the request. Failure to file a timely written request shall constitute waiver of any right to review the notice.
3. The hearing shall be held by the Director.
4. The hearing shall be informal, but shall be recorded by electronic means provided by the Director or his or her designee. Within twenty (20) days of the hearing, the Director or his or her designee shall issue a written ruling including factual findings and conclusions, with supporting reasons, affirming, modifying, or reversing the notice. The decision shall be mailed by first class mail to the licensee.
5. The decision of the Director or his or her designee is subject to review by the Hearing Examiner only during a license suspension or revocation hearing as provided for SMC Section 6.295.180.
(Ord. 120889, § 2(part), 2002.)