Arcadia Municipal Code Div. 4 Suspension and Revocation

The License Officer may revoke any permit issued by it under the provisions of this Chapter upon any ground upon which such permit could or should have been denied in the first instance, or whenever the License Officer is satisfied that the conduct of any such business does or will in any manner endanger, threaten or jeopardize the public health, safety, morals, peace or welfare or that the same has been conducted in an illegal, improper or disorderly manner or that such permit was obtained upon false or misleading statements or representations of or on behalf of the applicant. The License Officer may revoke if it is determined that the applicant or applicant's agents have, in the conduct of the same or any similar business, been guilty of fraud, misrepresentation or conduct detrimental to the public welfare which includes operations or activities that do not comport with the peace, health, safety and convenience of the public such as (a) operation of a business prohibited by local, federal or state law (b) allowance of activities that are or become a public nuisance which includes the disruptive conduct of business patrons whether on or immediately off the premises where such patrons disturb the peace, obstruct traffic, damage property, engage in criminal conduct, violate the law and otherwise impair the free enjoyment of life and property.

(Amended by Ord. 1802 adopted 11-6-84; Amended by Ord. 2261 adopted 8-19-09; Amended by Ord. 2262 adopted 9-1-09; amended by Ord. 2263 adopted 12-1-09)

The License Officer may revoke or suspend any permit issued by it under the provisions of this Chapter where the proprietor or person in charge thereof violates or permits any infraction of any law of the State, or any provision of this Code, or any condition of the permit.

(Amended by Ord. 2263 adopted 12-1-09)

The License Officer may, without necessity of any public hearing, suspend or revoke any permit issued under the terms of this Chapter if the permittee shall have been adjudged guilty of a misdemeanor under this Article.

(Amended by Ord. 2263 adopted 12-1-09)

The actions taken pursuant to Sections 6312.1.1, 6314, 6314.1, and 6314.2 require at least ten (10) days' written notice to the applicant. Within ten (10) days of the date of the notice of denial, suspension or revocation, the applicant may file an appeal to the Business Permit and License Review Board. The same procedure for appeal and the disposition thereof shall be that established for business licenses in Sections 6216.8 through 6216.10, inclusive, of this Code.

(Amended by Ord. 2263 adopted 12-1-09)

Editor's note— Ord. No. 2263, § 34, adopted Dec. 1, 2009, amended § 6314.3, in its entirety and enacted new provisions to read as herein set out. Prior to amendment, § 6314.3 pertained to Public Hearing.

For any reasons specified in the preceding sections of this Division, the Chief of Police may by written order temporarily suspend any permit issued under the provisions of this Chapter by posting a copy of such order of suspension at any conspicuous portion of the premises for which such permit was issued. Such suspension shall remain in full force and effect until the decision of the License Officer, who may thereupon rescind, modify or continue such suspension or may revoke such permit or affix new or different terms to the continuation of such permit.

(Amended by Ord. 2263 adopted 12-1-09)

If either the final determination of the City Council, the Board, or the Administrative Law Judge in revoking a permit contains a provision that no new permit may be requested by the holder of the revoked permit for a certain, specified amount of time, a new permit may not be requested during that amount of time by the holder of the revoked permit or by his or her employee, agent, partner, director, officer, controlling stockholder or manager, for any business or location within the city or by any other person for the same business on the same premises where the business covered by the revoked permit was conducted or for the same business on a different premises within the City. If, after the period specified, application for a new permit is made, the applicant must comply with all requirements of this Code for issuance of a new permit. There shall be no automatic reinstatement of a revoked permit and the City is under no obligation to grant the new application.

If either the final determination of the City Council, the Board, or the Administrative Law Judge in suspending a permit contains a provision that no new permit may be requested by the holder of the revoked permit for a certain, specified amount of time, a new permit may not be requested during that amount of time by the holder of the suspended permit or by his or her employee, agent, partner, director, officer, controlling stockholder or manager, for any business or location within the city or by any other person for the same business on the same premises where the business covered by the suspended permit was conducted or for the same business on a different premises within the City. If, after the period specified, the License Officer has determined that the holder of the suspended permit has successfully met all conditions imposed by the City Council, the Board, or Administrative Law Judge before reinstatement may occur, the License Officer will reinstate the permit as per the instructions from the City Council, Board, or Administrative Law Judge.

(Amended by Ord. 2263 adopted 12-1-09)

Editor's note— Ord. No. 2263, § 36, adopted Dec. 1, 2009, amended § 6314.5, in its entirety and enacted new provisions to read as herein set out. Prior to amendment, § 6314.5 pertained to Notice to License Officer. See "Ordinance List and Disposition Table" for derivation.