5.62.100 Suspension or revocation of licenses.
A. Authority to Suspend or Revoke.
1. Upon the giving of 15 days’ notice, the director or director’s designee may suspend or revoke any license issued pursuant to this chapter for a period of time not to exceed one year where one or more of the following conditions exist:
a. The license was procured by fraud or false representation of fact in the application or in any report or record required to be filed with the clerk.
b. The building, structure, equipment, operation or location of the business for which the license was issued does not comply with the requirements or fails to meet the standards of this chapter or does not comply with or fails to meet the standards of other applicable health, zoning, building, fire, or safety laws of the state of Washington or Lynnwood.
c. The licensee, his or her employee, agent, partner, director, officer or manager has violated or knowingly permitted violation of any provisions of this chapter.
2. If the business license clerk finds that any of the conditions set forth in this section exist and such conditions constitute an immediate threat of serious injury or damage to any person or property, the business license clerk may immediately suspend or revoke any license issued hereunder without prior notice and opportunity to be heard so long as a hearing in accordance with subsection (B) of this section is thereafter provided.
B. Notice Procedures and Hearing and Right to Appeal.
1. Whenever the director has determined that a license required by this chapter shall be suspended or revoked, the director or director’s designee shall issue a notice of suspension or notice of revocation to the licensee.
2. The notice shall be sent to the licensee by certified and regular mail. The written decision shall specify the basis for the director’s determination along with the name of the person involved, dates and description of violation of this chapter, description of action proposed to be taken by the city, the effective date of the revocation or suspension and the procedures for appeal of the director’s determination as stated in subsection (B)(3) of this section.
3. The decision of the director may be appealed by filing a written appeal with the development and business services 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. Upon the filing of a timely appeal, the director’s decision to revoke or suspend the business license shall be stayed pending a final decision by the hearing examiner on the appeal. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 1845 § 8, 1991; Ord. 1520 § 11, 1986)