Don Anderson Mayor Jason Whalen Deputy Mayor Mary Moss Councilmember Michael D. Brandstetter Councilmember John Simpson Councilmember Marie Barth Councilmember Paul Bocchi Councilmember John J. Caul?eld City Manager April 7, 2016 STAR LITE SWAP MEET GARAGE SALE LLC 7604 South Tacoma Way Lakewood, Washington 98409-3808 Re: Pierce County Assessor Parcel No. 0320312046 Tax Description: Section 31 Township 20 Range 03 Quarter SEC 582.SEC 838.MIN 1134.SEC 714.56 FTALGELI SD LOTTOPOB EXC W48 FTOF $230 FTEXC 30 FTEXCN30 FTLESS 84TH STEXC 75 FT OF 125 FT THEREOF ALSO EXC POR DEEDED TO CO UNDER ETN #526382 EASE OF RECORD #2221628 LESS THAT POR CYD FOR ADD PER ETN Q675760 EXC CYD TO CO PER ETN W866975 (DCNFEMS9-29-80 DC6643 SG9-21-87) NOTICE OF SUMMARY BUSINESS LICENSE Pursuant to Lakewood Municipal Code the City of Lakewood hereby provides notice that the business license of the Star Lite Swap Meet (City of Lakewood Business License No.: BL04-00547), with a primary business location of 8327 South Tacoma Way, Lakewood, Washington, is summarily suspended. This also serves as your notice of the City?s intent to revoke your business license. Effective immediately, you are directed to cease all business operations within the City of Lakewood. The factual background for this summary revocation is set forth as follows: On Sunday, April 3, 2016 at approximately about 1:15 PM, police of?cers were dispatched to the Star Lite Swap Meet for a report of a six year old female who had last been seen about 30 minutes prior. Multiple police of?cers arrived at the Star Lite. Ingress to the property proved dif?cult. The entire area was very heavily congested with vehicles and pedestrian traf?c. Eastbound 84th Street South was backed to the Taco Bell parking lot. Westbound 84th was backed all the way to approximately 32nd Avenue. The parking lot was full of stopped vehicles. 84th Street was at a standstill due to the amount of people trying to make a left turn into the entry way of the Star Lite. Effectively, the traf?c attempting 6000 Main Street SW - Lakewood,WA 98499-5027 - (253) 589-2489 - Fax: (253) 589-3774 StarLite Swap Meet April 7, 2016 Page 2 to make entry into the Star Lite was also preventing westbound traf?c from progressing forward. These access problems were not limited to vehicle traf?c. The pedestrian traf?c was uncontrolled as people were crossing 84th Street mid-block. At one point, a of?cer had his lights activated and the vehicles did not yield for him; he was almost hit by a vehicle. Another of?cer reportedly turned into the ?exit? lane to make entry to the parking lot. A male was there wearing a vest, who stopped other traf?c coming out of the lot, long enough for the of?cer to get into the lot. Of?cers were unable to ?nd stalls to park their vehicles, requiring them to park in areas not delineated for parking. Upon entry into the main vendor area inside the building, and headed toward the southeast door to the outside vendor area, the doorway area was extremely congested with people both trying to go in and out of the same door. This resulted in delays as of?cers were temporarily unable to get through the door and enter the vendor area. One police of?cer reported that there was a line extending out of the of at least 70 people with no levels of containment or direction. It was dif?cult to get inside the building and the staff at the front desk did not acknowledge of?cers? concerns. Once outside, it was updated the girl had already been located and there was a request to cancel. Police of?cers made their way back inside through the same congested doorway, and exited through the main entrance. When passing through the main entrance area, a female ?agged down an of?cer with a report that two small girls, who were unrelated, were also lost. The staff was not very attentive to the children?s needs during the contact. Eventually, the parents were located and families reunited. When backing up to leave the property, there were no clearly marked or de?ned boundaries for pedestrian traf?c. To safely exit, and navigate high volumes of pedestrian and vehicle traf?c congestion, one police of?cer was required to serve as a ?Spotter,? to ensure that no pedestrians were struck by the moving patrol car. It appeared that exiting traf?c had no direction of where to go as it was hazardous to make turns across several lanes of travel. In preparing this Notice, a check of public records reveals that traf?c-related incidents have formed the basis of prior civil litigation against the Star Lite. A review of court records in Weise v. Star Lire Swap Meet/Garage Sale, LLC, Pierce Co. Superior Ct. Case No. 14-2-10075?8 reveals allegations of a prior fatality at this property. According to the First Amended Complaint (?led July 3, 2014), on September 14, 2011, Angela Weise and Albert Stover were vendors at a stall at the Star Lite Swap Meet. While loading their truck preparing to leave the swap meet, another individual crashed into Ms. Weise, ultimately resulting in death, and Mr. Stover, causing serious injuries. The plaintiffs alleged, in part, that the Star Lite Swap Meet and/or its proprietor ?provided insuf?cient room to accommodate foreseeable pedestrian use in conjunction with vehicle traf?c. Star Lite permitted uncontrolled vehicular traf?c within an area that would be occupied by pedestrians.? PAC 1} 3.5. A review of the court docket reveals that in StarLite Swap Meet April 7, 2016 Page 3 October 2015, all claims were settled and the case ultimately dismissed in December 2015. Copies of the AC, Notice of Settlement, and Order of Dismissal are attached.1 Under the Lakewood Municipal Code (LMC), a business license may be revoked or suspended in the following situations: F. Any applicant, licensee or employee of applicant or licensee who has caused, maintained, permitted, allowed or is likely to cause, maintain, permit, or allow a public nuisance to exist. ?Public nuisance,? in addition to its common meaning, includes but is not limited to a business generating a need for signi?cant police and/or other government services. I. If reasonable grounds exist to believe that any applicant, licensee or employee of applicant or licensee is likely to present an adverse impact to the public health, safety, or welfare for any other reason, including but not limited to conduct related to past operations of business. LMC 5.02.080 (F), (I). The conditions at the Star Lite Swap Meet satisfy the requirements of LMC 5.02.080 (F), or (I), or both. Furthermore, these conditions, are of such a nature that are hazardous to life or property meeting a summary suspension of the business license under LMC As noted, what otherwise should have been a quickly handled call for a child in distress was signi?cantly delayed by poor conditions at the Star Lite. Traf?c was not controlled prompting heavy congestion on 84th Street (in both directions) near South Tacoma Way, and South Tacoma Way in the same area. This impacts not only the customers of the Star Lite, but also surrounding businesses. As evidenced in the law enforcement response on April 3, 2016, the congestion also delays emergency responders in discharging their duties even with emergency equipment activated. Once on-site at the Star Lite, the parking lot was over capacity. Pedestrians lacked safe areas to walk in order to avoid traf?c in the parking lot. The conditions were suf?ciently severe that while exiting the parking lot, a spotter was required for an of?cer to avoid hitting others. The conditions inside the swap meet are suf?ciently crowded, shown by the dif?culty police of?cers experienced while attempting to locate the reporting party responsible for the initial lost child call. In addition, given that three children were lost in a relative short period of time, the lack of staff reSponsiveness suggests that this is a common occurrence. Signage was also absent A review of the docket also re?ects that the Star Lite?s proprietor was individually named in this litigation, but dismissed on stipulation of the parties. The stipulation provides that the acts or omissions of its proprietor may be imputed to and considered the acts of the Star Lite. This stipulation does not alter the analysis contained herein. StarLite Swap Meet April 7, 2016 Page 4 and the facilities do not appear to be adequately structured to handle existing capacity issues, surrounding and within the building. While a single incident might warrant a lesser response, due to the presence of prior litigation, for alleged failure to accommodate foreseeable pedestrian use in conjunction with vehicle traf?c, and permitting uncontrolled vehicular traf?c within an area that would be occupied by pedestrians, and the fatality that has occurred in recent years at the Star Lite, the City of Lakewood sees a pressing need for immediate action. Regardless of whether the allegations contained in the Weise v. Star Lite litigation are true or not the recent settlement of this litigation should have amply placed to the forefront the necessity to take steps to avoid a reoccurrence of a vehicle-pedestrian fatality and that the congestion issues caused by the Star Lite are real and timely. Unfortunately, as the observations of law enforcement on April 3, 2016 and the conduct of the business have shown, the lessons of September 14, 2011 have yet to be implemented and the Star Lite appears to be fertile ground for another serious injury, fatality or child abduction. Such conditions constitute public nuisances within the meaning of LMC 5.02.080 (F), or adverse impact to the public health, safety, or welfare for any other reason, including but not limited to conduct related to past operations of business, under LMC 5.02.080 (I), or both, meriting suspension of the business license. Given both of these conditions, and the relatively short passage of time between conclusion of this recent fatality-based lawsuit in December 2015, summary revocation of the license under LMC 5.02.171 (B) is warranted. As this is a summary suspension of a business license, a hearing has been set for the following date and time before the City Manager or designee, which in this instance will be the Assistant Chief of Police, John Unfred: Date: Monday, April 11, 2016 Time: 1:00 pm. Location: Conference Room 3A (Mt. Rainier Room) Lakewood City Hall 6000 Main Street Lakewood, WA 98499 You may be represented by legal counsel of your own choosing. If the City Manager or designee upholds this determination, you have the right to appeal this decision to the City?s Hearing Examiner within ten (10) days of the date of this decision. At the hearing, the City anticipates presenting the testimony of the of?cers who responded on April 3, 2016 forming the basis of the above factual accounts. Finally, please be advised that the operation of a business in violation of the LMC is subject to a minimum ?ne of $500 with a maximum of $2,000.00 per day, may constitute a misdemeanor criminal charge, and is a public nuisance subject to abatement. StarLite Swap Meet April 7, 2016 Page 5 If you have any questions, please do not hesitate to contact me at (253) 589?2489 Very truly yours, M. David Bugher Assistant City Manager Attachments enclosed.