5.28.040 License Issuance, Renewal, Denials, Suspension and Revocation.
Notwithstanding the general licensing provisions as they relate to license issuance, renewal, denial, suspension and revocation, this section shall control.
A. It is unlawful to engage in business as a pawnbroker, second hand or antique dealer in the City of Snohomish without first having obtained a license from the City Clerk permitting such business.
B. A license will be denied to any person if the Chief of Police after due investigation, finds that the applicant has done any of the following:
1. Made any false statement on the application or omitted information required on the application;
2. Had a conviction or bail forfeiture involving crimes pertaining to or directly related to the applicants honesty and integrity (fraud, larceny, extortion, theft, possession or stolen property, etc.) and ability to properly operate a pawnbroker, second hand or antique business;
3. Exhibited conduct within the past three years in operating a pawnbroker, second hand or antique business which would lead the Chief of Police to reasonably conclude that the applicant will not comply with ordinance requirements;
4. Been refused a pawnbroker, second hand or antique business license or had such license revoked under the provisions of this ordinance or by any other jurisdiction within the State of Washington; provided, however, that any applicant denied a license under this ordinance may re apply after one year from the date of the denial if the basis for the denial no longer exists.
C. A dealer’s license will be suspended or revoked if the licensee does any of the following:
1. Fails to comply with any of the requirements of this ordinance;
2. Violates any of the ordinances of the City of Snohomish or the laws of the State of Washington, the violation of which reflects unfavorably on the fitness of the license holder to engage in or work for a dealer;
3. Falsifies any record, document or information required to be kept or submitted to the City by this ordinance or by regulation prescribed hereunder;
4. Has a conviction or bail forfeiture involving crimes pertaining to or directly related to the licensee’s honesty and integrity (fraud, larceny, extortion, theft, possession of stolen property, etc.) and the ability to properly operate a pawnbroker, second hand or antique business.
D. Suspension of a license means that the licensee’s privilege to operate his/her business as a pawnbroker, second hand or antique dealer is barred for a specific period of time. A suspended license may be reinstated upon the lapse of a specific period of time or by correcting the deficiencies. The conditions or reinstatement will be determined by the City Hearing Examiner.
E. Revocation of a license means that the license has been cancelled. A licensee whose license has been revoked cannot have his/her license reinstated but must comply with all conditions of the revocation including re applying for a new license and paying all license fees.
F. When the City Clerk suspends or revokes a license, the City Clerk shall first provide the licensee with a Notice of Proposed Suspension/Revocation which shall provide notification to the licensee that a hearing will be held on the suspension/revocation at a time and date determined by the City Clerk. The Notice of Suspension/Revocation will be sent to the licensee’s address. It is the licensee’s duty to keep the address information on the application current at all times. The City Hearing Examiner will preside over the hearing. In the event the licensee fails to attend the hearing, the license will automatically be suspended/revoked. Any suspension/ revocation will not be effective until the City Hearing Examiner makes a determination following the hearing.
G. A license suspension/revocation shall become effective immediately without the benefit of any suspension/revocation hearing when the ordinance requires a summary suspension/revocation or when the City Hearing Examiner determines that it is in the best interest of the health and/or safety of the general public to do so.
H. Within ten (10) days following suspension or revocation of any license issued pursuant to this ordinance or within ten (10) days following the denial of any license regulated by this ordinance, an appeal may be filed with the City Council. Upon the receipt of such appeal notice, the licensee shall be afforded a hearing before the City Council after reasonable notice has been given. Said appeal shall be in writing and addressed to the City Council.
I. Notice of the time and date of such appeal hearing shall be given by delivering a copy of the notice to the holder of the license or by mailing a copy thereof to the holder at the last address shown by the City Clerk’s license records which notice shall be mailed or delivered at least five (5) days before the date fixed for the hearing. The City Council shall, within thirty (30) days after the conclusion of such hearing, issue a decision as to the suspension, revocation or denial. Such decision of the City Council shall be final and conclusive as of the date set forth in the decision, unless within fifteen (15) days from the effective date on the City Council order an aggrieved person or persons obtains a writ of certiorari from the Superior Court of Washington for the County of Snohomish for the purpose of review of the action taken.
J. It is unlawful for a person whose license has been revoked or suspended, to keep the license issued to him/her in his/her possession or under his/her control, and the same shall immediately be surrendered to the City Clerk. When revoked, the license shall be cancelled and when suspended, the City Clerk shall retain the same during the period of the suspension. (Ord. 1678, 1989)