Alhambra Municipal Code Ch. 5.82 Revocation of Business Licenses

The purpose of this chapter is to establish a uniform procedure for the suspension or revocation of any business license or permit issued under the provisions of Title 5 of this code.

('86 Code, § 5.82.010) (Ord. 3671, passed - - )

A Business License Committee, composed of the City Manager, Director of Finance and the Chief of Police, is hereby created to serve without additional compensation. It shall be the duty of this Committee to conduct the public hearings required by the provisions of this chapter. The Committee shall have the power to revoke licenses and permits as herein-after provided; to summon witnesses, take testimony, and direct investigations; and to do and perform all other acts which may be necessary or proper within the scope of its duties and functions.

('86 Code, § 5.82.020) (Ord. 3671, passed - - )

Any license or permit issued pursuant to Title 5 of this code may be revoked or suspended if any of the following conditions exist or occur:

(A) If the licensee has knowingly made any material misstatement in his application for the license;

(B) If the licensee has violated the provisions of his license or the provisions of the chapter or chapters of this code relating to or regulating any such business;

(C) If the licensee conducts such business in an unlawful manner or in such a manner as to constitute a public nuisance or a breach of the peace or to be a menace to the health, safety or general welfare of the people of the city;

(D) If any conditions then exist which would have been grounds for denial of the application for the license.

('86 Code, § 5.82.030) (Ord. 3671, passed - - )

(A) Any license or permit may be temporarily suspended by the Director of Finance pending the holding of a public hearing as provided for in § 5.82.040 if he finds that the licensee conducts such business in an unlawful manner or in such a manner as to constitute a public nuisance or a breach of the peace or to be a menace to the health, safety or general welfare of the people of the city.

(B) The Director of Finance shall cause a written notice of his findings and temporary suspension to be delivered to licensee personally or by depositing a copy of such notice of temporary suspension in the United States mail, postage prepaid, directed to the licensee at the address given in the application.

(C) The public hearing on any license or permit so suspended shall be held within 30 days from the date of the notice suspending same.

('86 Code, § 5.82.030) (Ord. 3671, passed - - )

(A) Hearing. No license or permit issued pursuant to Title 5 of this code shall be revoked until a public hearing has been held thereon by the Business License Committee, and the licensee has been given notice in writing of the time and place of such hearing. Such notice shall be mailed at least five days before the hearing, by certified mail, return receipt requested, to the licensee at the address stated in his application or by delivering the same to the licensee personally.

(B) Action. At the conclusion of such hearing, the Business License Committee may revoke any such license or permit if it finds any of the grounds set forth in § 5.28.030 to exist. If the Business License Committee finds that grounds for revocation of the license or permit do not exist, it shall reinstate the license or permit if the same has been suspended.

(C) Retention by city of business license fee. Upon revocation of a business license or permit, the city shall retain the license fee therefor to partially defray the expense to the city of conducting the public hearing required hereunder.

('86 Code, § 5.82.040) (Ord. 3671, passed - - )

(A) Right of appeal. Any decision of the Business License Committee revoking any license or permit shall be subject to appeal to the City Council by the licensee by filing an appeal therefrom in writing in the office of the City Clerk within ten days after the date of the decision of the Business License Committee.

(B) Fee. The fee for filing any such appeal shall be $25, which fee shall be paid at the time of filing such written appeal and shall be nonrefundable.

(C) Hearing. The City Clerk shall set a date for hearing the appeal and shall give written notice of the date thereof to the appellant at least five days before the date of such hearing. Such hearing may be continued from time to time.

(D) Action. At the conclusion of the hearing, the City Council shall either sustain the appeal and reinstate the license or permit or deny the appeal and affirm the decision of the Business License Committee.

('86 Code, § 5.82.050) (Ord. 3671, passed - - )