5.44.090 Suspension or revocation of licenses – Summary suspension.
A. After an investigation and upon the recommendation of the chief of police or his or her designee, the director of the development services department, or the fire chief or his or her designee, the clerk may suspend or revoke any license issued pursuant to this chapter where one or more of the following conditions exist:
1. The license was procured by fraud or false representation of material fact in the application or by any report or record required to be filed with the clerk; or
2. The building, structure, equipment 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 any other applicable standards or regulations of the city code relating to buildings, structures, equipment, and zoning; or
3. The failure of the licensee or any of his or her servants, agents or employees to comply with the provisions of Chapter 10A.88 BCC or any other similar local or state law when the licensee knows or should have known of the violations committed by his or her servants, agents or employees; or
4. The conviction of the licensee of any crime or offense involving prostitution, promoting prostitution, or transactions involving controlled substances (as that term is defined in Chapter 69.50 RCW) committed on the premises; or
5. The conviction of any of the licensee’s servants, agents or employees of any crime or offense involving prostitution, promoting prostitution, or transactions involving controlled substances (as that term is defined in Chapter 69.50 RCW) committed on the panoram premises when the licensee knew or should have known of the violations committed by his or her servants, agents or employees.
B. A license procured by fraud or misrepresentation shall be revoked. Where other violations of this chapter or other applicable ordinances, statutes, or regulations are found, the license shall be suspended for a period of 30 days upon the first such violation, 90 days upon the second violation within a 24-month period, and revoked for a third and subsequent violation within a 24-month period, not including periods of suspension.
C. The clerk shall provide at least 10 days’ prior written notice to the licensee of the decision to suspend or revoke the license. Such notice shall inform the licensee of the basis for the action and of the right to appeal the decision to the hearing examiner or other designated hearing body and shall state the effective date of such revocation or suspension. The decision of the clerk shall be stayed during the pendency of any appeal except as provided in subsection D of this section.
D. If the Bellevue building official finds that any condition set forth in BCC 5.44.090(A) exists and that such condition constitutes a threat of immediate serious injury or damage to person or property, the building official may immediately suspend any license issued under this chapter pending a hearing in accordance with subsection C of this section; provided, however, that a suspension based on threat of immediate serious injury or damage shall not be stayed during the pendency of the appeal. (Ord. 5821 § 12, 2008; Ord. 5253 § 2, 2000; Ord. 5191 § 8, 1999; Ord. 3559 § 6, 1985; Ord. 3480 § 10, 1985.)