Chapter 2.115
LICENSE OR PERMIT – GENERAL CHARACTERISTICS AND APPEAL PROCEDURE
Sections:
2.115.010 License or permit – Defined.
2.115.020 License or permit – Denial, revocation, suspension, or nonrenewal – Appeal.
2.115.030 License or permit – Nontransferable.
2.115.040 License or permit – Grounds for denial, revocation, suspension, or nonrenewal.
2.115.080 Hearing Officer’s decision.
2.115.100 License deemed debt.
Prior legislation: Ords. 1267 and 1279. Formerly §§ 2-73 – 2-84.
Cross references – Business tax, Chapter 3.40 SCCC. Business licenses and regulations, SCCC Title 5.
2.115.010 License or permit – Defined.
For the purpose of this chapter, a license or permit means a license or permit issued by the City. (Ord. 2007 § 1, 11-19-19).
2.115.020 License or permit – Denial, revocation, suspension, or nonrenewal – Appeal.
Unless the law, this Code, or an ordinance or resolution of the City prescribes a different procedure for appeal from denial, revocation, suspension or nonrenewal of a license or permit, or where it is prescribed that the action is final or that the issuance of the license or permit is in the original jurisdiction of the City Council, an appeal from such denial, revocation, suspension or nonrenewal may be made in accordance with this chapter. (Ord. 2007 § 1, 11-19-19).
2.115.030 License or permit – Nontransferable.
All licenses and permits are to be construed and held as licensing or permitting only the licensee or permittee named in the license or permit and are not transferable, severable or divisible unless the law, chapter of this Code, or ordinance of the City fixing and requiring such license or permit specifically so provides. (Ord. 2007 § 1, 11-19-19).
2.115.040 License or permit – Grounds for denial, revocation, suspension, or nonrenewal.
The violation of any Federal statute, State statute, or City ordinance by any person holding a permit or license from the City, or by any of the employees of the holder of such permit or license, in connection with the operation of the business or activity for which such permit or license is issued, shall be grounds for the denial, revocation, suspension, or nonrenewal of such permit or license. (Ord. 2007 § 1, 11-19-19).
2.115.050 Hearing request.
(a) Any person who disputes a denial, revocation, suspension, or nonrenewal of a license or permit must file a request for hearing by completing a request for hearing form and returning it to the City Clerk’s office within thirty (30) calendar days from the date of the decision.
(b) A request for hearing form may be obtained from the City Clerk’s office.
(c) The person requesting the hearing shall be notified of the time and place set for the hearing at least ten days prior to the date of the hearing.
(d) The City’s denial, revocation, suspension, or nonrenewal of a license or permit shall be stayed upon proper filing of a request for hearing under this chapter, unless the City determines that the stay would constitute an immediate threat to public health, safety or welfare. In the event of such a determination, the license or permit holder shall be so informed in writing. (Ord. 2007 § 1, 11-19-19).
2.115.060 Hearing Officer.
The City Manager shall designate a Hearing Officer for the appeal hearing. (Ord. 2007 § 1, 11-19-19).
2.115.070 Hearing procedures.
(a) A hearing before the Hearing Officer shall be set for a date that is not less than fifteen (15) days and not more than sixty (60) days from the date that the request for hearing is filed in accordance with the provisions of this chapter. The party contesting the City’s denial, revocation, suspension, or nonrenewal of a license or permit may request one continuance for any reason; provided, that the Hearing Officer is given the request for continuance at least twenty-four (24) hours in advance of the scheduled hearing and that the deferred hearing shall not be deferred more than ninety (90) days after the request for hearing was made. A request for continuance made less than twenty-four (24) hours before the scheduled hearing may be granted by the Hearing Officer based upon exigency only.
(b) At the hearing, the party contesting the City’s denial, revocation, suspension, or nonrenewal of a license or permit (the “contestant”) and the City shall be given the opportunity to testify and to present evidence and cross-examine witnesses concerning the City’s denial, revocation, suspension, or nonrenewal of a license or permit. That contestant may appear personally or through an attorney. Prehearing discovery is not authorized, but subpoena of witnesses and documents shall be permitted as authorized by law. The contestant and the City shall have the right to submit to the Hearing Officer a written statement setting forth the facts and their respective legal position at least five business days before the hearing. Any written statement so submitted shall be contemporaneously served by mail on the other party. The Hearing Officer may conduct the hearing informally, both as to rules of procedure and admission of evidence, in any manner which will provide a fair hearing.
(c) The failure of the contestant to request a hearing, to appear at the hearing, or to present evidence shall constitute a confirmation of the City’s denial, revocation, suspension, or nonrenewal of a license or permit as well as a failure to exhaust administrative remedies that may bar judicial review.
(d) The Hearing Officer may continue the hearing and request additional information from the City or the contestant prior to issuing a written decision. (Ord. 2007 § 1, 11-19-19).
2.115.080 Hearing Officer’s decision.
(a) After considering all the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision to uphold, modify or cancel the City’s denial, revocation, suspension, or nonrenewal of a license or permit and the reasons for that decision. The decision of the Hearing Officer shall be issued within thirty (30) days following completion of the hearing. The decision of the Hearing Officer shall be final upon service on the responsible party, subject only to judicial review as allowed by law.
(b) The Hearing Officer shall consider any written or oral evidence submitted at the hearing consistent with ascertainment of the facts regarding the City’s denial, revocation, suspension, or nonrenewal of a license or permit.
(c) The Hearing Officer shall issue written findings and the findings shall be supported by evidence received at the hearing.
(d) The Hearing Officer shall determine from a preponderance of the evidence whether or not the City properly denied, revoked, suspended, or did not renew a license or permit that is the basis of the appeal.
(e) If the Hearing Officer determines that the City’s denial, revocation, suspension, or nonrenewal of a license or permit is not proper and should not be sustained, then the Hearing Officer shall issue direction on how the City and/or the contestant shall proceed.
(f) If the Hearing Officer determines that the City’s denial, revocation, suspension, or nonrenewal of a license or permit is proper and should be upheld, the holder of the license or permit shall surrender same to the City immediately after service of the Hearing Officer’s decision, unless some other time period is ordered by the Hearing Officer.
(g) The contestant shall be served with a copy of the Hearing Officer’s written decision within ten calendar days following its issuance by personal delivery, or certified mail, return receipt requested, to the address designated by contestant or last known address. (Ord. 2007 § 1, 11-19-19).
2.115.090 Judicial review.
Any person subject to a judgment of the Hearing Officer may obtain review of the judgment in the appropriate court pursuant to the provisions of California Code of Civil Procedure Section 1094.5 et seq. The administrative order shall provide notice of this right of judicial review and the time allowed therefor by law. (Ord. 2007 § 1, 11-19-19).
2.115.100 License deemed debt.
The amount of any license imposed by this Code or any ordinance shall be deemed a debt to the City and recoverable in any court of competent jurisdiction. (Ord. 2007 § 1, 11-19-19).