5.04.030 Application for license – Decision of the director – Appeal.
A. No license required under this chapter shall be issued except upon application made on forms prescribed by the city or as may be required for licenses administered through the Business Licensing Service. Each application for license, in addition to other requirements, shall indicate:
1. The physical address, mailing address, email address and phone numbers for the proposed business or occupation;
2. The type and nature of the proposed business or occupation which the applicant intends to operate on said premises;
3. The identity of the person or persons holding an ownership interest in the business, and those responsible for operation of the business, such as agents and officers of the corporation, business owner, or primary business manager. Telephone and email contact information shall be provided for each person identified as well as the name and contact information of the owner if the property is not owned by the business; and
4. Completion of supplemental application forms appropriate to the specific business.
B. Each license application shall be accompanied by the license fee specified by Chapters 3.104 and 5.06 LMC, in addition to any other fees required by this code.
C. Upon review of a complete application for a business license, the director shall take one of the following actions:
1. Approve the application; or
2. Approve the application with conditions necessary to ensure compliance with this title; or
3. Request additional information regarding the type and nature of the proposed business, or the responsible persons; or
4. Deny the application as provided by this section.
D. In the event the director denies a business license application, the director shall provide a written explanation of the reason for the denial to the applicant, with information regarding the right of appeal. The director may deny a business license application for reasons including but not limited to:
1. If the applicant fails to submit a complete application or additional information requested by the director;
2. If the application represents business practices that would cause any person to violate any federal, state or local law or regulation;
3. If the application contains misleading or inaccurate information;
4. If the applicant, corporate officer, or other responsible party has previously had his/her business license denied or revoked in Lynnwood or elsewhere within the past two years or if there is objective information that approval of the application will result in unlawful business activity; or
5. If uncorrected violation(s) of building, zoning, safety, fire or health laws or regulations are known to exist based upon prior inspections conducted by the city, or such violations will exist based on the business proposed in the license application.
E. Following the director’s approval of the application, the business license shall be issued by the city, or its designee.
F. Upon denial of an application for a business license, the fee for business employees specified by Chapter 3.104 LMC shall be returned to the applicant with the denial decision. The application fee is nonrefundable and shall be retained to cover the costs of review.
G. An applicant who is denied a license, or any person objecting to the issuance of a license, may appeal the director’s decision by filing a written notice of appeal with the department. The appeal must be filed within 10 business days of the director’s decision, include the appeal fee specified by Chapter 3.104 LMC, and state the factual grounds for the appeal. The hearing examiner shall set a date for the appeal hearing. The city shall notify the parties of record by mail of the time and place of the hearing, which shall be conducted as specified by LMC 1.35.200 et seq., Chapter 2.22 LMC and the rules for hearings adopted pursuant to LMC 2.22.080. (Ord. 3412 § 2 (Exh. A), 2022; Ord. 3399 § 2 (Exh. A), 2021; Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 3189 § 4, 2016; Ord. 2955 § 2, 2012; Ord. 2877 § 5, 2011; Ord. 1089 § 4, 1979; Ord. 818 § 3, 1975; Ord. 449, 1968; Ord. 82, 1961; Ord. 30 § 3, 1959)