6.05.230 Denial, suspension or revocation of business registration.
A. The director, or designee, shall have the power and authority to deny, suspend or revoke any registration issued under the provisions of this title. The director, or designee, shall notify such taxpayer in writing by certified mail of the denial, suspension or revocation of his or her registration and the grounds therefor. Any registration issued under this title may be denied, suspended or revoked based on one or more of the following grounds:
1. The registration was procured by fraud, false representation or omission of fact;
2. The license is used or intended to be used for a business materially different from that applied for;
3. The business violates any of the requirements of this chapter;
4. The business or licensee, or any employee or agent of the business or licensee engages in, intends, or seeks to engage in an activity that is contrary to law;
5. The business operates in a manner that constitutes a nuisance pursuant to state law, or the Bellingham Municipal Code;
6. The business or licensee is in violation of a zoning or land use regulation of the city;
7. The licensee is not 18 years of age or older at the time the registration is applied for;
8. The licensee or business has had a similar license denied or revoked and has not corrected the basis for denial or revocation;
9. The taxpayer failed to comply with any provisions of this this title;
10. The taxpayer failed to comply with any provisions of this code;
11. The taxpayer is in default in any payment of any fee or tax under this code.
B. Any taxpayer may, within 10 days from the date that the denial, suspension or revocation notice was mailed to the taxpayer, appeal from such suspension or revocation by filing a written notice of appeal (“petition”) setting forth the grounds therefor with the hearing examiner. A copy of the petition must be provided by the taxpayer to the director and the city attorney on or before the date the petition is filed with the hearing examiner. The hearing shall be conducted in accordance with the procedures for hearing contested cases set out in Chapter 2.56 BMC as currently enacted or hereafter modified. After the hearing thereon the hearing examiner shall, after appropriate findings of fact and conclusions of law, affirm, modify, or overrule the denial, suspension or revocation and reinstate the registration, and may impose any terms upon the continuance of the registration.
C. No suspension or revocation of a registration issued pursuant to the provisions of this chapter shall take effect until 10 days after the mailing of the notice thereof by the department and, if appeal is taken as herein prescribed, the suspension or revocation shall be stayed pending final action by the hearing examiner. All registrations that are suspended or revoked shall be surrendered to the city on the effective date of such suspension or revocation.
D. The decision of the hearing examiner shall be final. The taxpayer and/or the department may seek review of the decision by the superior court of Washington in and for Whatcom County within 21 days from the date of the decision. If review is sought as herein prescribed, the suspension or revocation shall be stayed pending final action by the superior court.
E. Upon revocation of any registration as provided in this chapter, no portion of the registration fee shall be returned to the taxpayer. [Ord. 2012-10-047 § 4; Ord. 2002-12-106].