Seattle Mun. Code § 6.202.010 Adopted.
6.202.010 - Adopted.
There are adopted the general provisions for the new Seattle License Code as set forth in this chapter.
(Ord. 108934, § 1, 1980.)
GENERAL PROVISIONS
SEA-MC tit. 6, subtit. IV, ch. 6.202
in effectSeattle Mun. Code § 6.202.020 Construction.
6.202.020 - Construction.
This chapter is enacted as an exercise of the police power of the City to protect and preserve the public peace, health, safety and welfare; and its provisions shall be liberally construed to accomplish these purposes consistently with the Fair Employment Practices Ordinance (102562), the Open Housing Ordinance (104839), the False Advertising Ordinance (43475), the Unit Pricing Ordinance (100708), the Weights and Measures Ordinance (98820), the Zoning Ordinance (86300), the Street Use Ordinance (90047), and the Criminal Code (102843) [4] of the City.
(Ord. 108934, § 1.000, 1980.)
Seattle Mun. Code § 6.202.030 Title.
6.202.030 - Title.
This subtitle is the new Seattle License Code, and may be cited as such. It is referred to in this subtitle as "the new license code."
(Ord. 108934, § 1.010, 1980.)
Seattle Mun. Code § 6.202.040 Exercise of power to license for regulation.
6.202.040 - Exercise of power to license for regulation.
The new license code is an exercise of the power of the City to license for regulation to preserve the public peace, health, safety, and welfare of the City.
(Ord. 108934, § 1.012, 1980.)
Seattle Mun. Code § 6.202.050 Applicability.
6.202.050 - Applicability.
A. The provisions included in this chapter and numbered from Section 6.202.010 through Section 6.202.500 are generally applicable to the administration and enforcement of all licenses required by the new license code. If provisions in specific licensing regulations are inconsistent with these general provisions, the provisions in the specific licensing regulations shall control.
B. The general provisions for the new license code shall apply only to those provisions of the new license code adopted after the effective date of the ordinance codified in this chapter. [5]
(Ord. 108934, § 1.015, 1980.)
Seattle Mun. Code § 6.202.060 Definitions.
6.202.060 - Definitions.
A. Except as specified otherwise in the new license code, the following definitions apply:
1. "Administrative Code" means the Administrative Code of the City (Ordinance 102228) [6] as now or hereafter amended, or its successor ordinance.
2. "Chief of Police" means the Chief of Police of City of Seattle, or his or her designated representative.
3. "City" means The City of Seattle.
4. "Conviction" means any final judgment of guilty in any court, the imposition of a fine, a plea of guilty or nolo contendere, or a finding or verdict of guilty, regardless whether imposition of sentence is deferred or the penalty is suspended. Any conviction which has been expunged pursuant to the Revised Code of Washington, (RCW) 9.92.066, as now or hereafter amended, or RCW 9.95.240, as now or hereafter amended, is not considered a conviction.
5. "Criminal Code" means the Seattle Criminal Code (Ordinance 102843), [7] as now or hereafter amended, or its successor ordinance.
6. "Department" means the Department of Finance and Administrative Services of the City.
7. "Director" means the Director of Finance and Administrative Services of the City or his/her designated representative.
8. "Hearing Examiner" means the Hearing Examiner of the City or his/her designated representative.
9. "License" means a valid permit required by the new license code in order to engage in a business or occupational activity in the City.
10. "Owner" means:
a. If a sole proprietorship, the proprietor;
b. If a partnership, a general or limited partner;
c. If a corporation, any person who controls or has the right to control 25 percent or more of the stock, assets, or other equity in the corporation;
d. If a marital community, both spouses;
e. If a joint venture, any person who is a coventurer;
f. If a trust, any trustee and, if organized pursuant to RCW Chapter 23.90, as now or hereafter amended, any person who controls or has the right to control 25 percent or more of the certificates of the trust;
g. If any other entity, however organized, any person who holds a legal or equitable interest in the entity.
11. "Person" means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons however organized.
B. Unless the context clearly indicates otherwise, the singular includes the plural, and the plural includes the singular.
(Ord. 123361, § 219, 2010; Ord. 120794, § 174, 2002; Ord. 120181, § 102, 2000; Ord. 118397, § 89, 1996; Ord. 117169, § 97, 1994; Ord. 108934, § 1.020, 1980.)
Seattle Mun. Code § 6.202.070 Administration and enforcement.
6.202.070 - Administration and enforcement.
The Director shall administer the new license Code. The Director and the Chief of Police shall enforce the new license code. Other City officials shall assist in enforcement of provisions as specified.
(Ord. 108934, § 1.030, 1980.)
Seattle Mun. Code § 6.202.080 Rules and regulations.
6.202.080 - Rules and regulations.
The Director shall, in accordance with provisions of the Administrative Code, [8] prescribe all rules necessary to implement, interpret, administer and enforce the new license code.
(Ord. 108934, § 1.040, 1980.)
Seattle Mun. Code § 6.202.090 Computation of time.
6.202.090 - Computation of time.
In computing any period of days prescribed by the new license code, the day of the act or event from which the designated period of time runs shall not be included. The last day of the period shall be included unless it is Saturday, Sunday, or a City legal holiday, in which event the last day of such period shall be the next succeeding day which is neither a Saturday, Sunday, or City legal holiday.
(Ord. 108934, § 1.050, 1980.)
Seattle Mun. Code § 6.202.100 License—Issuance.
6.202.100 - License—Issuance.
A. The Director shall issue the license upon finding that all the requirements and conditions of the new license code and rules and regulations prescribed under this subtitle have been satisfied, and that the applicant is qualified to hold the license.
B. Nothing shall prohibit the Director's revoking or suspending a license that was erroneously issued by the Department.
(Ord. 108934, § 1.060, 1980.)
Seattle Mun. Code § 6.202.110 License—Objection or protest to issuance.
6.202.110 - License—Objection or protest to issuance.
Whenever a written objection or protest to the issuance of a new or renewal license has been received from any person and the license has been issued after consideration of the objection or protest, the Director shall notify any known complainant within ten (10) days after the license is issued, of the reasons for issuance over his/her objection.
(Ord. 108934, § 1.062, 1980.)
Seattle Mun. Code § 6.202.120 License—Nontransferable—Exception.
6.202.120 - License—Nontransferable—Exception.
A license is not transferable; provided, that the Director may authorize transfer where no previously unlicensed person acquires a license thereby, and if, in the judgment of the Director, transferral is consistent with the purposes of the new license code.
(Ord. 108934, § 1.064, 1980.)
Seattle Mun. Code § 6.202.130 License—Application—Completion.
6.202.130 - License—Application—Completion.
An application is complete when:
A. All information required by the application and by the provisions of the new license code have been received by the Director; and
B. All license and other required fees have been paid; and
C. Any surety bond, public liability insurance policy, or other deposit or document, whenever required by the provisions of the new license code, has been filed with the Director.
(Ord. 108934, § 1.066, 1980.)
Seattle Mun. Code § 6.202.140 License—Application—Form.
6.202.140 - License—Application—Form.
Application for any license shall be made in writing to the Director. Application shall be made in the name of the person required to be licensed by the provisions of the new license code. Application for any license shall be signed by the applicant or the applicant's personal representative.
(Ord. 108934, § 1.068, 1980.)
Seattle Mun. Code § 6.202.150 License—Application—Investigation.
6.202.150 - License—Application—Investigation.
The Director may investigate the application. The Director shall request record checks, site inspections or confirmation of zoning compliance to be performed by appropriate City agencies when they are required by the new license code. If criminal conviction data is required, the Director may require that the applicant be fingerprinted for purposes of verifying identification. The agency to which such request has been directed shall ascertain whether the applicant, activity, and/or premises comply with the requirements of laws, rules, and regulations of laws, rules and regulations enforced by the agency. The agencies shall notify the Director in writing whether any violation is found, specifying any noncompliance. In the event a written reply is not received by the Director within thirty (30) days from the date of the original request for the check or inspection, the Director may issue the license if the applicant is deemed qualified to hold the license in all other respects.
(Ord. 108934, § 1.070, 1980.)
Seattle Mun. Code § 6.202.160 License—Indicia property of City—Return.
6.202.160 - License—Indicia property of City—Return.
A. All licenses, or indicia of licensure, issued pursuant to the new license code remain the property of the City.
B. The licensee shall remove all licenses, or indicia of licensure, upon expiration, suspension or revocation of a license. Whenever a license is suspended or revoked, the licensee shall return all licenses, and indicia of licensure, to the Director. If they are not returned, they may be removed.
(Ord. 108934, § 1.072, 1980.)
Seattle Mun. Code § 6.202.170 License—Required for each location.
6.202.170 - License—Required for each location.
A. A separate license shall be obtained for each location at which a licensed activity is conducted, and each license shall be valid only at the location stated on the license.
B. All licenses shall be posted in a conspicuous place and manner at the location stated on the license; provided, that if the licensee does not have an established place of business in the City, the license shall be carried on the person of the licensee while engaged in the activity for which the license is required. At all times while the licensee is engaged in the business or activity for which the license is required, each license, or indicia of licensure, shall be properly placed as specified in the provisions of the new license code.
C. Any failure to comply with provisions of this section is a violation of the new license code.
(Ord. 108934, § 1.074, 1980.)
Seattle Mun. Code § 6.202.180 Change of location.
6.202.180 - Change of location.
A. Reinspection is required for every change of location, if a building, fire, health, or license site inspection of premises was required by the new license code at the original location. An inspection fee shall be imposed for each inspection visit to the new site.
B. Whenever a licensee changes the location of any activity for which a license is required, the Director shall reissue the license upon finding that:
1. The licensee has submitted the license to the Director for the change, and any change of location and inspection fees imposed by the new license code have been paid; and
2. The new location is in compliance with all provisions of the new license code relating to the premises.
C. Nothing in this Section 6.202.180 is intended to authorize activities, actions or conditions that do not comply with other requirements of the Seattle Municipal Code or other applicable law, including but not limited to applicable development regulations (including but not limited to zoning and building codes), fire and health ordinances, laws, rules and regulations.
(Ord. 123493, § 1, 2010; Ord. 108934, § 1.076, 1980.)
Seattle Mun. Code § 6.202.190 License—Term.
6.202.190 - License—Term.
A. A license shall be issued only for a period specified by ordinance for that particular license.
B. Licenses shall be effective only through the dates specified on the face of each license.
(Ord. 108934, § 1.078, 1980.)
Seattle Mun. Code § 6.202.200 License fee—Proration.
6.202.200 - License fee—Proration.
A. If an application is made for a new license to be effective during the last six (6) months of an annual license period, the license fee shall be one-half (½) of the annual license fee or the full change of location fee for that license, whichever is greater.
B. There shall be no proration of a license fee when the usual term of a license period of less than one (1) year is prescribed by the new license code.
(Ord. 108934, § 1.080, 1980.)
Seattle Mun. Code § 6.202.210 License fee—Refund.
6.202.210 - License fee—Refund.
A license fee is refundable only if a license is denied, or if the license is issued where none is required, or the licensee never engages in licensed activity due to the refusal of any governmental agency to issue a necessary license, or if the applicant for a license withdraws his/her application before the license is issued.
(Ord. 108934, § 1.082, 1980.)
Seattle Mun. Code § 6.202.220 License fee—Payment by bad check.
6.202.220 - License fee—Payment by bad check.
Whenever payment of any fee imposed by the new license code is made by a check which is not honored by the drawee bank, any license issued pursuant to payment by that check is void from the date of license issuance. The license may be reissued upon payment of the original amount, plus an administrative charge provided by the License Fee Ordinance [9], all by certified check, money order, or cash.
(Ord. 108934, § 1.084, 1980.)
Seattle Mun. Code § 6.202.230 License—Denial, revocation, or refusal to renew—Grounds
6.202.230 - License—Denial, revocation, or refusal to renew—Grounds
A license may be denied, revoked, or not renewed for violation of any ordinance or law that regulates licensed activity in order to further the public interest in public health, safety, and welfare. A license may also be denied, revoked, or not renewed upon a finding that any applicant or licensee, or any owner, officer, or agent thereof:
A. Has omitted to disclose any material fact necessary to make a statement not misleading, in any application for the license; or
B. Has charges pending against the applicant or licensee or has been convicted of a crime or offense that directly relates to the activity for which the license is required, and the time elapsed since the date of conviction or release from jail or prison, whichever is more recent, is less than ten years; or has been convicted of several crimes including at least one within the last ten years; provided, however, that any licensee whose license is revoked because of charges pending against the licensee may engage in the activity for which the license is required, pending a final decision on the charges; or
C. Has been subject to an adverse finding in any judgment or order that directly relates to the activity for which the license is required, in any judicial or administrative proceeding in which fraud, deceit, coercion, breach of trust, unfair method of competition, unfair or deceptive trade act or practice, or assertion of unconscionable contractual provisions, or other similar act, practice, or conduct, on the part of the licensee-applicant is proven, and the time elapsed since the judgment or order is less than ten years; or
D. Has violated or failed to comply with any applicable provisions of this Code or rule or regulation prescribed under this subtitle; provided, that failure to obtain a license shall not be grounds for license denial; or
E. Is in default in any payment of any fee or tax required under Title 5 or this Title 6 of the Seattle Municipal Code; or
F. Has been subject to an adverse finding in any judgment or order, in any judicial or administrative proceeding for violation of any provision of a City ordinance or rule or regulation prescribed thereunder pertaining to fire, building, health, sanitation, zoning, weights and measures, consumer protection, environmental protection, or any other ordinance or law and that is applicable to the licensed activity or licensed premises; or
G. Has been determined to have discriminated against any person because of race, color, age, sex, marital status, parental status, sexual orientation, gender identity, political ideology, creed, religion, ancestry, caste, national origin, citizenship or immigration status, honorably discharged veteran or military status, participation in a Section 8 program, the presence of any disability, the use of a service animal by a disabled person, an individual's actual, potential, perceived, or alleged pregnancy outcomes as defined in Section 14.04.030, or the right of a mother to breastfeed her child, in the course of licensed activity, in violation of a City ordinance, law, rule, or regulation prescribed thereunder; or
H. Has violated or failed to comply with any final order of the Director or Hearing Examiner; or
I. Has failed to complete the application for a license as required by this Code; or
J. Has failed to obtain a license or permit required by state or other law necessary to engage in the licensed activity; or
K. Has failed to comply with chapter 49.12 RCW, and rules and regulations promulgated pursuant thereto, regarding employment of minors; or
L. Any licensee has permitted or authorized their agent to violate or fail to comply with any provision of this Code; or
M. The property at which the business is located has been determined by a court to be a chronic nuisance property as provided in Chapter 10.09.
(Ord. No. 126767, § 7, 2023; Ord. 126649, § 6, 2022; Ord. 126514, § 6, 2021; Ord. 123188, § 4, 2009; Ord. 123160, § 5, 2009; Ord. 119628, § 21, 1999; Ord. 117586, § 3, 1995; Ord. 109651, § 5, 1981; Ord. 108934, § 1.090, 1980.)
Seattle Mun. Code § 6.202.240 License—Summary suspension.
6.202.240 - License—Summary suspension.
A. Notwithstanding any other provision of the new license code, a license may be summarily suspended, with such suspension to take effect immediately by order of the Director prior to hearing upon finding that:
1. There is reasonable cause to believe that an activity for which the license is required, engaged in by the licensee, causes or will cause a clear, substantial and imminent hazard to life, safety, property or privacy; or
2. Any surety bond or public liability insurance policy required by the new license code to be filed with the Director is impaired, fails, or is cancelled.
B. Whenever any license is summarily suspended a hearing by the Hearing Examiner may be requested by the licensee within ten days after the date of suspension, provided that the Director may waive the ten day requirement upon satisfaction that failure to submit the request was beyond the control of the licensee. Such hearing shall be held within five days of the request, unless a later date is agreed to by the licensee, with a minimum 48 hours notice to the licensee. The decision of the Hearing Examiner shall be issued within ten days of the date of the hearing.
C. If a timely request for hearing is not filed by the applicant, the order for summary suspension by the Director shall be final and the suspension shall remain in effect until such time as the Director determines that the hazard no longer exists or that the surety bond or public liability insurance policy is reinstated.
(Ord. 123160, § 6, 2009; Ord. 108934, § 1.092, 1980.)
Seattle Mun. Code § 6.202.250 License—Waiver of disqualifications.
6.202.250 - License—Waiver of disqualifications.
A. The Director may waive up to the full period of license disability based upon a criminal conviction or adverse civil ruling if there is evidence of rehabilitation, and the purposes of the new license code could otherwise be satisfied.
B. Issuance of a license following a waiver disability does not preclude the Director from subsequently reconsidering the conviction, judgment, or finding as grounds for license denial or revocation when additional evidence regarding the person's qualifications is presented within the period of disability.
(Ord. 108934, § 1.094, 1980.)
Seattle Mun. Code § 6.202.260 License—Denial, revocation, or refusal to renew—Order.
6.202.260 - License—Denial, revocation, or refusal to renew—Order.
License revocation, denial, or refusal to renew shall be in writing in the form of an order and shall include a recital of the authority for the action, a brief and concise statement of facts that constitute the grounds for denial, revocation, or refusal to renew, and the Director's signature. A copy of the order, including notice of the right to a hearing shall be transmitted to the applicant.
(Ord. 123160, § 7, 2009; Ord. 108934, § 1.096, 1980.)
Seattle Mun. Code § 6.202.270 License—Denial, revocation, or refusal to renew—Appeal.
6.202.270 - License—Denial, revocation, or refusal to renew—Appeal.
A. If the Director has ordered a license denied, revoked, or the Director has refused to renew the license, the applicant may contest the denial, revocation or refusal to renew by filing a notice of appeal and request for hearing with the Hearing Examiner within ten (10) days after service or mailing of the order.
B. If a timely request for hearing is filed by the applicant, hearing shall be scheduled before the Hearing Examiner and shall be conducted by the Hearing Examiner according to his/her rules for contested cases.
C. If a timely appeal is not filed by the applicant, the order of the Director denying, revoking, or refusing to renew the license shall be final; provided, that the Director may waive the ten day requirement upon satisfaction that failure to receive notice of the order was beyond the control of the person requesting the hearing.
(Ord. 123160, § 8, 2009; Ord. 108934, § 1.100, 1980.)
Seattle Mun. Code § 6.202.280 Continuation of business while complaint hearing decision pending.
6.202.280 - Continuation of business while complaint hearing decision pending.
A. Except in the case of summary suspension or revocation, whenever a timely request for hearing on a complaint is filed, a licensee or an applicant for license renewal may engage in the activity for which the license is required, pending decision by the Hearing Examiner. An applicant not licensed in the preceding license year may not engage in the activity for which the license is required pending decision by the Hearing Examiner.
B. If the Department denies an adult entertainment license governed by Chapter 6.270, and if the license applicant files a notice of appeal with the Hearing Examiner, the Director shall immediately issue the license applicant a temporary license. The temporary license shall authorize the license applicant to operate an adult entertainment establishment or perform as a manager or entertainer, in the same manner as if the license had been granted, pending the Hearing Examiner's decision, provided the licensee has obtained whatever other licenses, permits or approvals are required by law for such operation or performance.
1. If the Hearing Examiner affirms the Director's license denial, the temporary license shall remain in effect (a) until the expiration of the time allowed to file a motion for reconsideration before the Hearing Examiner, or if a timely motion for reconsideration has been filed, until the Hearing Examiner renders a decision on the motion for reconsideration and, (b) in addition, until the expiration of the time allowed to file an application for a writ of review under Chapter 7.16 RCW, or if the license applicant does timely file an application for a writ of review, then only until the superior court enters judgment on, dismisses, or otherwise disposes of the writ.
2. If the Hearing Examiner reverses the adult entertainment license denial with prejudice, the Department shall immediately issue an adult entertainment license.
3. If the Hearing Examiner reverses the adult entertainment denial without prejudice, the temporary license shall remain in effect for five additional business days, at the end of which time the Department must either reissue a denial or issue an adult entertainment license. If the Director reissues the denial, then the temporary license will continue in effect according to the procedures set forth in this subsection 6.202.280.B.
4. Notwithstanding Section 6.202.210, if a license applicant is issued a temporary license, the license applicant shall pay the fee charged for an adult entertainment license under Section 6.270.060 at the time the applicant receives the temporary license. If the temporary license issued under this subsection 6.202.280.B is still in effect at the end of a calendar year, then the license applicant must pay the fee charged for an adult entertainment license under Section 6.270.060 for the next calendar year.
(Ord. 124304, § 2, 2013; Ord. 123532, § 1, 2011; Ord. 123493, § 2, 2010; Ord. 117586, § 2, 1995: Ord. 108934, § 1.102, 1980.)
Seattle Mun. Code § 6.202.290 Hearing of claim on bond.
6.202.290 - Hearing of claim on bond.
A. In case of a claim by any person against a licensee's bond, if the Director does not commence a license suspension or revocation proceeding based on his/her claim, the claimant may pursue his/her claim to recovery before the Hearing Examiner, by filing a claim with the Director. The Director shall transmit the complaint on behalf of the claimant to the Hearing Examiner. The hearing shall be limited to the right to recovery against the licensee's bond.
B. The Hearing Examiner shall schedule a date for hearing, give notice to the claimant, the licensee, and the Department, and conduct the hearing according to Hearing Examiner rules for contested cases.
(Ord. 108934, § 1.104, 1980.)
Seattle Mun. Code § 6.202.300 Hearing Examiner—Decision authority.
6.202.300 - Hearing Examiner—Decision authority.
The Hearing Examiner may affirm or deny decisions of the Director to issue, deny, suspend, revoke, or condition issuance or continuance of a license.
(Ord. 108934, § 1.106, 1980.)
Seattle Mun. Code § 6.202.310 Hearing Examiner—Decision final—Mandatory stay pending review
6.202.310 - Hearing Examiner—Decision final—Mandatory stay pending review
The decision of the Hearing Examiner is final when the decision has been provided to the last known address of each party. The Director may stay enforcement of a Hearing Examiner decision pending a motion for reconsideration or judicial consideration of a stay, where the Director determines that no clear, substantial, and imminent hazard to the health, safety, welfare, privacy or property of any person would result. In the case of adult entertainment licenses governed by Chapter 6.270, the Director shall stay enforcement of a Hearing Examiner decision affirming suspension or revocation of a license pending a motion for reconsideration before the Hearing Examiner and shall stay enforcement of the decision:
A. if no application for judicial review is timely filed, then only until the expiration of time allowed to file such application under RCW Chapter 7.16; or
B. if an application for judicial review is timely filed, then only until a writ is issued or the application for writ has been denied.
(Ord. 123899, § 6, 2012; Ord. 117586, § 1, 1995; Ord. 108934, § 1.108, 1980.)
Seattle Mun. Code § 6.202.320 Violation or failure to comply with the order of the Director or Hearing Examiner.
6.202.320 - Violation or failure to comply with the order of the Director or Hearing Examiner.
If any applicant or licensee violates, refuses, or otherwise fails to comply with the provisions of any final order issued by the Director or Hearing Examiner, the Director may transmit the case and the entire record of the proceedings to the City Attorney, who may invoke the aid of the appropriate court to secure enforcement and compliance with the order.
(Ord. 108934, § 1.110, 1980.)
Seattle Mun. Code § 6.202.330 License—Denial, revocation, or refusal to renew—Effect.
6.202.330 - License—Denial, revocation, or refusal to renew—Effect.
A. Whenever a license is denied, no reapplication for that license will be considered by the Director until correction of the deficiency on which the denial was based.
B. Whenever a license is revoked, no new application for the license that has been revoked will be considered by the Director, nor shall the licensee or any person (as defined in SMC 6.02.030 E) in which the licensee is a principal be licensed for the same kind of business, for a period of one year, commencing on the date the order to revoke becomes final.
C. When revoked, a license shall be cancelled.
D. If a license renewal is refused, no application for license renewal will be considered by the Director until any and all deficiencies on which the refusal to renew was based have been corrected and all fees and taxes due under Title 5 or Title 6 of the Seattle Municipal Code have been paid in full.
(Ord. 123160, § 9, 2009; Ord. 108934, § 1.112, 1980.)
Seattle Mun. Code § 6.202.340 Consent agreement.
6.202.340 - Consent agreement.
A. The Director may enter into a consent agreement with the applicant or licensee for settlement of a contested case at any time prior to issuance of a decision by the Hearing Examiner. The consent agreement shall be in writing and signed by the applicant or licensee.
B. The agreement shall be final when signed by the Director.
(Ord. 108934, § 1.114, 1980.)
Seattle Mun. Code § 6.202.350 Citation and arrest power.
6.202.350 - Citation and arrest power.
For purposes of new license code enforcement, Department employees may be commissioned by the Chief of Police as special police officers having the power to issue citations or make arrests for unlawful conduct, violation, and failure to comply with provisions of the new license code.
(Ord. 108934, § 1.120, 1980.)
Seattle Mun. Code § 6.202.360 Administrative inspection.
6.202.360 - Administrative inspection.
A. The Director or Chief of Police may conduct inspections pursuant to warrant issued by a magistrate.
B. Further, pursuant to the consent of the rightful occupier of premises, or of the custodian of a vehicle or personal property, and during reasonable business hours, for the purpose of determining compliance with the new license code, the Director or Chief of Police is authorized to:
1. Enter and inspect the premises;
2. Inspect books, records, reports or other data that a licensee is required to compile and maintain, to verify their authenticity and accuracy, and to make copies of them;
3. Inspect books, records, reports or other data that relate to a licensee's business organization, and to verify their authenticity and accuracy, and to make copies of them;
4. Inspect any motor vehicle for which a license, license plate, or license tag is required by the new license code;
5. Inspect objects or goods that are subject to regulation under the new license code, at the place where goods or objects are kept;
6. Inspect other items or objects whenever the Director has reason to believe that such things are relevant to an investigation authorized by the new license code.
C. The Director or Chief of Police is authorized to inspect without consent and without warrant where there is reasonable cause to believe that a clear and substantial risk to health, safety, welfare, or property of any person exists, or that destruction or removal of evidence of a violation of the new license code is likely to result, if an inspection is not made before a warrant can be issued.
D. Frequent, unannounced, routine inspections that are necessary to prevent a risk to the public health, safety and welfare may also be authorized by specific regulatory provisions identifying the subject of such inspection, the risk addressed by such regulation, and inspection personnel.
(Ord. 108934, § 1.130, 1980.)
Seattle Mun. Code § 6.202.370 Unlawful acts.
6.202.370 - Unlawful acts.
A. It is unlawful for any person to engage in any activity for which a license is required without first obtaining a license in accordance with the provisions of this Code;
B. It is unlawful for any person to employ an individual in the capacity of an agent if that agent has failed to obtain any license required by this Code;
C. It is unlawful for any licensee or agent thereof to authorize any unlicensed person to engage in activity for which a license is required, under color of a license issued to the licensee;
D. It is unlawful for any person to make or manufacture any license, license plate, badge, or tag required by this Code except upon order of the Director;
E. It is unlawful for any person other than the Director, a licensee, or agent thereof to possess any license, identification card, license plate, badge, or tag issued pursuant to this Code;
F. It is unlawful for any person to knowingly make, or cause or authorize to be made, any false entry, or misstatement of any material matter in any book, record, or writing required to be kept as provided in this Code.
(Ord. 109841, § 1, 1981; Ord. 108934, § 1.140, 1980.)
Seattle Mun. Code § 6.202.380 Bond—Requirements.
6.202.380 - Bond—Requirements.
Whenever the issuance of a license by the City is conditioned upon the furnishing of a bond, the applicant shall furnish to the Director for filing with the City Clerk a bond running to the City. Alternatively, in lieu of a bond, the applicant may file a cash deposit equal in value to the face amount of a required bond, and pay the costs of handling such deposit, as determined by the Director. Any action that would breach the condition on a bond shall be grounds for forfeiture of the deposit to the same extent as if recovery were on a bond.
(Ord. 108934, § 1.150, 1980.)
Seattle Mun. Code § 6.202.390 Bond—Form.
6.202.390 - Bond—Form.
The bond shall be executed by the license applicant named thereon and by a surety company meeting the requirements of RCW Chapter 48.28, as now or hereafter amended.
A. The name in which the license is issued shall appear as principal on the face of the bond.
B. The term of the bond shall be continuous, effective from the date of issuance of the license for which the bond is required, and maintained during the term of the license, plus one (1) year after the expiration date of the license, unless a claim is made against the bond as provided in this chapter. In such case, liability shall continue as to that claim until the matter is settled. As to future obligations, the bond may be cancelled upon thirty (30) days' written notice to the licensee and the Director.
C. The amount of the bond shall be as required by the applicable licensing provision.
D. The form and sufficiency of the bond may be subject to approval by the City Attorney at the request of the Director.
(Ord. 108934, § 1.152, 1980.)
Seattle Mun. Code § 6.202.400 Bond—Conditions.
6.202.400 - Bond—Conditions.
The bond shall be conditioned on:
A. Compliance by the principal and his/her agents and employees with the applicable licensing ordinance; and
B. Performance by the principal and his/her agents of the terms of any contract and delivery of commodities and/or services in accordance with any agreement made between the principal and any person in the course of licensed activity; and
C. Honor of any guarantee or warranty, express or implied, made to any person in the course of licensed activity; and
D. Compliance with consumer protection statutes and ordinances, including, but not limited to, statutes or ordinances relating to false or misleading advertisements, unfair or deceptive acts or practices, unit pricing, labeling requirements, truth in lending and other disclosure requirements, and requirements of the Retail Installment Sales Act; and
E. Holding harmless and indemnifying the City from all claims, actions, and damages of every kind and description, other than those attributable to the sole negligence of the City, which may accrue to or be suffered by the City because of the principal's activities, including the costs and attorney's fees for defending against claims and actions, whether or not the claim or action is justified; and
F. Satisfaction of any fines, civil penalties, or orders of restitution arising out of the activities of a licensed business; and
G. Other conditions appropriate to the licensed activity as specified in the new license code.
(Ord. 108934, § 1.154, 1980.)
Seattle Mun. Code § 6.202.410 Bond—Claims against.
6.202.410 - Bond—Claims against.
A. Any person suffering damages or loss by reason of a breach of conditions on a bond or security may institute an action for recovery against the principal and the surety on the bond.
B. A claim may be made against the bond by:
1. Delivery to the Director of a copy of a summons and complaint by which a consumer has commenced a lawsuit against a licensee, alleging facts which, if proven, constitute breach of condition on the bond; or
2. The Director's filing a complaint for license revocation upon bases which, if proven, would be grounds for recovering on the bond; or
3. The Director's transmitting a claim to the Hearing Examiner on behalf of any person's claim against the bond if the Director does not commence a license suspension or revocation action on the basis of the person's claim. The Director shall transmit a copy of the summons and complaint, or complaint for revocation, to the surety, by deposit in the mail, or by delivery to a process-server within forty-eight (48) hours of its filing with the Department.
(Ord. 108934, § 1.156, 1980.)
Seattle Mun. Code § 6.202.420 Bond—Execution.
6.202.420 - Bond—Execution.
Execution on the bond shall be commenced by either:
A. Delivery to the Director of a certified copy of a judgment against the principal made by a court of competent jurisdiction, together with the complaint therein if it be necessary to establish the underlying cause of action; or
B. Entry of an order of license revocation based upon grounds that are also grounds for recovery on the bond and lapse of the appeal period if no appeal is taken; or
C. Receipt by the Director of an order of the Hearing Examiner upholding the revocation of a license on bases which are grounds for recovery on the bond, or conditioning issuance or continuance of a license upon satisfaction of conditions which are grounds for recovery on the bond; or
D. Receipt by the Director of an order of the Hearing Examiner upholding any person's claim against the bond.
(Ord. 108934, § 1.158, 1980.)
Seattle Mun. Code § 6.202.430 Bond—Time to make claim.
6.202.430 - Bond—Time to make claim.
A. A claim shall be commenced within one (1) year of the expiration date of the license under which the claim arose. Execution on a bond shall be made within thirty (30) days of entry of a judgment or an order against the licensee.
B. Notice to the Director constitutes notice to the principal and the surety, for purposes of executing on the bond, and the Director shall transmit the judgment or order (and complaint and/or written decision, if appended) to the principal and to the surety within forty-eight (48) hours of its delivery to him or her.
C. After the principal and surety receive copies of the judgment or order (and complaint and/or written decision, if appended), or after reasonable efforts to inform any party who cannot be found, the surety shall be liable to the injured party for the amount of the judgment or order, or to multiple complainants in an aggregate amount equal to the amount of the bond. In the case of a cash deposit, in lieu of bond, after like notice, payment shall be made upon voucher signed by the Director.
(Ord. 108934, § 1.160, 1980.)
Seattle Mun. Code § 6.202.440 Bond—Exoneration.
6.202.440 - Bond—Exoneration.
A. To the extent of any tender of payment the surety upon the bond shall be exonerated. If the actions commenced and pending at any one (1) time exceed the amount of the bond then unimpaired, claims shall be satisfied from the bond in the following order:
1. Judgments or orders for breach of contract, guarantee, warranty or violation of a consumer protection law, pro rata; then
2. Judgments or orders for failure to hold harmless or indemnify the City; then
3. Judgments or orders for other breach of condition on the bond.
B. A judgment or order shall constitute a lien on a bond until satisfied.
(Ord. 108934, § 1.162, 1980.)
Seattle Mun. Code § 6.202.450 Bond—Not retroactive.
6.202.450 - Bond—Not retroactive.
No action against a bond filed pursuant to the new license code shall be recognized for acts occurring, or causes of action accruing, or final judgments or orders entered prior to the effective date of the new license code.
(Ord. 108934, § 1.164, 1980.)
Seattle Mun. Code § 6.202.460 Liability insurance.
6.202.460 - Liability insurance.
A. In those instances where the new license code requires that the applicant for the license shall provide insurance as a condition of receiving a license the purpose of the requirement is to insure that members of the public and the City will be compensated for losses caused by personal injury or property damage resulting from the tortious acts of the licensee or its agents or employees.
B. Whenever the issuance of a license is conditioned upon an applicant's obtaining liability insurance, each insurance policy:
1. Shall be issued by a company authorized to do business as an insurer in the state pursuant to the provisions of RCW Title 48 as now or hereafter amended; and
2. Shall contain the following recital:
"Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 20 days' prior written notice to the Director of Finance and Administrative Services. The policies shall remain in effect during this 20 day cancellation period."
3. Shall name The City of Seattle as an additional insured;
4. May be approved as to sufficiency and form by the City Attorney at the request of the Director; and
5. Shall be furnished to the Director for filing with the City Clerk.
(Ord. 123361, § 220, 2010; Ord. 120794, § 175, 2002: Ord. 117169, § 98, 1994; Ord. 116368, § 192, 1992; Ord. 114848, § 1, 1989: Ord. 108934, § 1.170, 1980.)
Seattle Mun. Code § 6.202.470 Penalty for violation.
6.202.470 - Penalty for violation.
A. Conduct made unlawful by the new license code, or violation or failure to comply with any provision of the new license code, rule or regulation, or final order of the Director or Hearing Examiner is a crime subject to the provisions of Chapters 12A.01 and 12A.02 of the Criminal Code, [10] unless specifically designated elsewhere in the new license code as a violation. Any person convicted of a crime is punishable by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for a term of not more than six (6) months, or both. Any person convicted of a violation is punishable by a civil fine or forfeiture not to exceed Five Hundred Dollars ($500.00).
B. Each day of continued violation or noncompliance constitutes a separate offense.
(Ord. 108934, § 1.180, 1980.)
Seattle Mun. Code § 6.202.480 Endorsement disclaimer.
6.202.480 - Endorsement disclaimer.
Issuance of any license pursuant to the new license code does not constitute endorsement or approval of any goods or services offered by any licensee by the City.
(Ord. 108934, § 1.200, 1980.)
Seattle Mun. Code § 6.202.490 Disclaimer of City liability.
6.202.490 - Disclaimer of City liability.
A. Issuance of any license pursuant to the new license code does not constitute the creation of a duty by the City to any person or to indemnify any person for any wrongful acts of a licensee against any person or the public, or to guarantee the quality of goods, services, or expertise of a licensee, or to otherwise shift responsibility from the licensee to the City for proper training or conduct of self or agents, even if specific regulations require standards of training or conduct.
B. Nothing contained in the new license code is intended to be nor shall be construed to create or form the basis for any liability on the part of the City, or its officers, employees or agents, for any injury or damage resulting from the failure of a licensee or applicant for license to comply with the provisions of the new license code, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of the new license code on the part of the City by its officers, employees, or agents.
C. It is expressly the purpose of the new license code to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of the new license code.
D. It is the specific intent of the new license code to place the obligation of complying with its requirements upon the licensee or applicant for license within its scope, and no provision of nor term used in the new license code is intended to impose any duty whatsoever upon the City or any of its officers or employees, for whom the implementation or enforcement of the new license code shall be discretionary and not mandatory.
E. Nothing contained in this code is intended to be nor shall be construed to create or form the basis for any liability on the part of the City, or its officers, employees or agents, for any injury or damage resulting from the failure of a licensee or applicant for license to comply with the provisions of the new license code, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of the new license code on the part of the City by its officers, employees or agents.
(Ord. 108934, § 1.220, 1980.)
Seattle Mun. Code § 6.202.500 Prosecution or proceeding under former ordinance not affected.
6.202.500 - Prosecution or proceeding under former ordinance not affected.
No prosecution or administrative action pending, and no violation of or noncompliance with any prior ordinance shall be terminated by the passage of the ordinance codified in this chapter. Any conviction, finding or license denial, suspension or revocation under any prior ordinance is relevant to the new license code and may be considered in license denial, suspension and revocation actions under the new license code.
(Ord. 108934, § 1.400, 1980.)
Seattle Mun. Code § 6.202.510 Amnesty
6.202.510 - Amnesty
The Director may from time to time declare periods of amnesty in which the Director may waive any penalty imposed under this subtitle for delinquent payment of fees. Such periods of amnesty and the terms thereof may be established by the Director upon a finding by the Director that they are likely to have the effect of increasing revenues to the City. The Director may promulgate rules and procedures to implement the provisions of this section.
(Ord. 123160, § 10, 2009.)
Source: City of Seattle, Seattle Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/wa/seattle/codes/municipal_code?nodeId=TIT6BURE_SUBTITLE_IVNELICO_CH6.202GEPRFetched: 11/1/2026