Chapter 2.115
GENERAL CHARACTERISTICS
OF LICENSE OR PERMIT –
SUSPENSION PROCEDURE
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Sections:
2.115.010 License or permit – Defined.
2.115.020 License or permit – Refusal to issue – Appeal.
2.115.030 License or permit – Nontransferable.
2.115.040 License or permit – Grounds for revocation.
2.115.050 License or permit – Declare revoked.
2.115.060 Hearing.
2.115.070 Revocation hearing.
2.115.080 New permit or license.
2.115.090 Notice.
2.115.100 Suspension.
2.115.110 Appeal procedure upon revocation or suspension of license or permit.
2.115.120 License deemed debt.
2.115.130 Nonapplicability.
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 article, a license or permit means a license or permit issued by the City. (Ord. 1267 § 1, 9-19-72. Formerly § 2-73).
2.115.020 License or permit – Refusal to issue – Appeal.
Unless the law, this Code, or an ordinance or resolution of the City prescribes a different procedure for appeal from denial of issuance 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 may be made as follows:
(a) Appeal from denial of a license or permit may be made by the applicant for the license or permit to the City Council within seven calendar days after such denial of an authorized person, board or commission of City.
(b) Said appeal shall be taken by filing within said seven-day period a written notice of appeal with the City Clerk and by the payment of an appeal fee of ten dollars ($10.00) or as otherwise modified or set from time to time by resolution of the City Council.
(c) Said appeal shall be heard by the City Council within thirty (30) days from the filing of said notice or at its next regular meeting, whichever is later. Upon request of applicant, City Clerk shall mail a post card notice of time and place of City Council hearing to appellant at address indicated in said notice of appeal filed with City Clerk. If address is not so indicated, such notice need not be given.
(d) The City Council shall render its decision within forty-five (45) days after the conclusion of said hearing and the City Council in its decision may reverse, set aside, affirm, amend or modify the subject of appeal. The decision of the City Council shall be final and conclusive and shall not be subject to further city appeal procedure. (Ord. 1279 § 1, 10-9-73. Formerly § 2-73.1).
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. 1267 § 1, 9-19-72. Formerly § 2-74).
2.115.040 License or permit – Grounds for revocation.
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 revocation of such permit or license. (Ord. 1267 § 1, 9-19-72. Formerly § 2-75).
2.115.050 License or permit – Declare revoked.
Unless the law, this Code, or an ordinance of the City prescribes a different procedure for the revocation of a particular type of permit or license; if the Council is satisfied that grounds for revocation of any permit or license exist under the terms of SCCC 2.115.040 and that such offense renders the continuance of the holder of the permit or license in the business or activity covered by such permit or license contrary to the health, safety, good morals or welfare of the people of the City, it shall declare such permit or license revoked. (Ord. 1267 § 1, 9-19-72. Formerly § 2-76).
2.115.060 Hearing.
No such permit or license shall be revoked until after the holder of such permit or license shall have an opportunity to be heard before the Council, unless the City ordinance or Code sections pertaining to such permit or license provide otherwise.
The provisions of this section shall not restrict or limit the power given to any officer under any provision of any law, this Code, or an ordinance of the City, to suspend or revoke a license or permit, but any such suspension or revocation shall be subject to the right of appeal to the City Council in the manner provided in this article unless a different procedure is prescribed, by law, this Code, or an ordinance of the City, for appeal of the particular suspension or revocation. (Ord. 1267 § 1, 9-19-72. Formerly § 2-77).
2.115.070 Revocation hearing.
Except where otherwise provided by law, this Code, or an ordinance of the City, any license or permit issued under the provisions of the law, this Code, or by City ordinance may be revoked by the City Council after ten days' written notice to the holder of said license or permit and a hearing had pursuant to said notice at which time the holder shall have the right to offer evidence and have the services of counsel, when it satisfactorily appears to the Council that said holder has violated any of the conditions of said license or permit or has violated any law of the United States, or the State, or any ordinance of the City, on the premises where the business or activity covered by said license or permit is being conducted, or in connection with said business or activity, and thereafter the person whose license or permit has been so revoked shall not be entitled to receive any license, or permit, of the same or similar character from the City, except on an express permit from the City Council. (Ord. 1267 § 1, 9-19-72. Formerly § 2-78).
2.115.080 New permit or license.
After a revocation, neither the Director of Finance, City Clerk, nor any other officer of the City shall issue a new permit, or license, of the same or similar character to the holder of the permit or license revoked, nor covering the premises for which it was issued, until the Council makes an order for such issuance. (Ord. 1267 § 1, 9-19-72. Formerly § 2-79).
2.115.090 Notice.
Written notice of such hearing shall be personally served upon the license, or permit, holder, or on any person employed in the place where the business in question, or activity, is maintained. If service cannot be had in the foregoing manner, then a copy of such notice may be mailed to the license, or permit, holder at his/her place of business or his/her last address known to the City Clerk, at least five days prior to the hearing. The time of such notice may be shortened by the City Council with the written consent of the license, or permit, holder. (Ord. 1267 § 1, 9-19-72. Formerly § 2-80).
2.115.100 Suspension.
Whenever the Council deems that public health or safety requires it, the Council may suspend any permit, or license, pending the hearing upon the revocation thereof.
Licenses, or permits, may also be suspended by the City Manager, or his/her authorized representative, where he finds that public health or safety requires it, after twenty-four (24) hours' written notice left at the place of business or residence of the licensee or permit holder. Such notice shall state the grounds of the suspension. (Ord. 1267 § 1, 9-19-72. Formerly § 2-81).
2.115.110 Appeal procedure upon revocation or suspension of license or permit.
Except where other procedures are prescribed by any law, this Code, or an ordinance of the City, any holder of a license, or permit, issued pursuant to the provisions of any law, part of this Code, or an ordinance of the City, which license, or permit, has been revoked or suspended by order of an officer having authority to do so under SCCC 2.115.100 or under the particular provisions of the law, this Code, or City ordinance, under which such license or permit is issued, or by the City Council, shall have the right to appeal the order of revocation of suspension to the City Council within five days after the making of such order.
Said appeal shall be made by filing within said five-day period a notice of appeal with the City Council and said appeal shall be heard by the City Council within seven days from the filing thereof or at its next following regular meeting, whichever is later. All rights granted the holder of such license or permit shall be suspended pending final determination of the appeal.
The City Council shall affirm or overrule the revocation or suspension of such license, or permit, within ten days after the conclusion of the presentation of the said appeal. The decision of the City Council upon such appeal shall be final and conclusive and shall not be subject to appeal. (Ord. 1267 § 1, 9-19-72. Formerly § 2-82).
2.115.120 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. 1267 § 1, 9-19-72. Formerly § 2-83).
2.115.130 Nonapplicability.
None of the provisions of this article shall be applicable to licenses or permits issued pursuant to City ordinances enforced by officers and employees of the County of Santa Clara pursuant to agreement between the City and County of Santa Clara where such agreement provides for the issuance of licenses or permits by such County official and employees and the collection and retention of license fees or permit fees by such County officials and employees. (Ord. 1267 § 1, 9-19-72. Formerly § 2-84).