Division 6 — GENERAL PROVISIONS

6216. • SEPARATE LICENSES.

A separate license shall be obtained for each branch establishment or location of the business engaged in, and each license shall authorize the licensee to engage only in the business licensed therefor at the location and in the manner designated in such license.

Where a person is engaged in the business of selling new automobiles and has procured a license therefor under the provisions of this Chapter, a lot maintained by such person within two hundred feet (200′) of his licensed place of business, where used cars owned by the licensee are displayed for sale, shall not be deemed to be a separate place of business or branch establishment.

Every person having a license under this Chapter and carrying on a business or pursuit at a fixed place of business shall keep such license posted in a conspicuous place in such place of business so as to be easily seen. Every person having a license but not carrying on a business or pursuit at a fixed place of business shall have the license in his possession at all times while engaging in business in the City and shall exhibit such license whenever requested to do so by any police officer, or by any officer authorized to issue or inspect licenses or collect license fees.

No person or persons shall operate a wheeled vehicle for which a decal is required by Section 6212.4 unless said decal is at all times securely affixed to the left rear bumper of said vehicle for which the decal has been issued, in such a manner that said license decal shall be plainly visible.

(Amended by Ord. 1354 adopted 7-18-67; amended by Ord. 1753 adopted 7-20-82)

No person shall place or keep any license decal issued pursuant to Section 6212.4 on any vehicle after the expiration of the term for which the license is granted. No person except the licensee, his authorized agent,

or any police officer of the City, shall take or remove any such license decal from such vehicle to which the same has been attached.

(Amended by Ord. 1354 adopted 7-18-67)

The License Officer shall assist the City Manager in the enforcement of each and all of the provisions of this Article. The License Officer, in the exercise of the duties imposed upon him hereunder, shall examine or cause to be examined all places of business in the City to ascertain whether the provisions of this Article have been fully complied with. The License Officer, each of his assistants, and every police officer, shall have the power and authority to enter, free of charge and at any reasonable time, any place of business required to be licensed herein, and demand the exhibition of its license certificate. No person having such license certificate theretofore issued in his possession or under his control shall willfully fail to exhibit the same on demand. The License Officer shall cause a complaint to be filed against any and all persons found to be violating any provisions of this Article.

Subject to appeal pursuant to Section 6216.8, the License Officer may refuse to issue a license under this Article 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. The License Officer may also refuse to issue a license upon any of the grounds established for license suspension or revocation as put forth in Section 6216.7.

(Added 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 suspend or revoke any business license upon receipt of information from any source that:

(1)

The holder of the license, or his or her employee, agent, partner, director, officer, controlling stockholder or manager has knowingly made any false, misleading or fraudulent statement of material facts in the application for the license or permit, or in any report or record required to be filed with the city's police department, county health department, or any other city department or office in connection with the operation of the business; or

(2)

The business has been expanded, or partially or wholly converted to another business without the required City approvals and permits; or

(3)

The holder of the license has violated any of the conditions of said license, or has violated or permitted to be violated any law or laws of the United States or the State, or any ordinance applicable to the premises where the business covered by said license is conducted, or in connection with said business; or

(4)

The holder of the license, or his or her employee, agent, partner, director, officer, controlling stockholder or manager has, 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 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. 2263 adopted 12-1-09)

Editor's note— Ord. No. 2263, § 15, adopted Dec. 1, 2009, amended § 6216.7, in its entirety and enacted new provisions to read as herein set out. Prior to amendment, § 6216.7 pertained to Revocation. See "Ordinance List and Disposition Table" for derivation.

The actions taken pursuant to Section 6216.6 and 6216.7 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.

Upon the filing of an appeal, and within thirty (30) days of the date of such appeal, or as soon thereafter as possible, a hearing shall be conducted by the Board. Any Board member who has any financial interest in the outcome of the hearing or is unable to make a fair, impartial and unbiased determination shall not participate in either the hearing or in any determination or recommendation after the hearing. Prior to the hearing, City staff may, in their sole and absolute discretion, request the presence of an attorney from the City Attorney's office at the hearing, if one is not already scheduled to appear, or his/her designee, in order to present evidence on behalf of the City. During the hearing, all parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing upon the issues and may be represented by counsel. The Board shall not be bound by the formal rules of evidence and may require the presentation of additional evidence from any party involved. Any hearing under this Section may be continued for a reasonable time for the convenience of a party or witness at the request of the permit applicant or permit holder, or any other party. Extensions of time or continuances sought by a permit applicant or permit holder shall not be considered delay on the part of the City and shall not be deemed to constitute failure by the City to provide for prompt decisions on permit denials, suspensions, or revocations.

At the conclusion of the hearing, but no later than ten (10) days thereafter, the Board shall, by a majority vote of the members present at the hearing, order that the license be revoked, suspended, reinstated, or reinstated contingent upon the applicant performing some remedial action such as, but not limited to, paying a fine or penalty. The Board may also prevent the holder of a revoked or suspended license from applying for a new license within one year or such other certain, specified reasonable time period as the Board deems prudent. In lieu of conducting a hearing itself, but only upon recommendation of the City Manager, the Board may choose to refer the matter to an Administrative Law Judge provided by the Office of Administrative Hearings pursuant to Government Code Section 27727. After referral and a hearing, the Administrative Law Judge shall render a written decision based solely on the relevant ordinance and findings of fact within five (5) days of the hearing. The written decision of the Administrative Law Judge shall carry the same weight and authority as decisions of the Board.

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

Editor's note— Ord. No. 2263, § 16, adopted Dec. 1, 2009, amended § 6216.8, in its entirety and enacted new provisions to read as herein set out. Prior to amendment, § 6216.8 pertained to Notice of Appeal. See "Ordinance List and Disposition Table" for derivation.

Within ten (10) days of receipt of any final decision by either the Board or an Administrative Law Judge, either the holder of the revoked license or applicant for the denied license, any member of the City Council, any affected City Department Head or any other business or resident of the City may appeal the decision by filing an appeal with the Board. Immediately upon receipt of such appeal, the Board shall transmit to the City Council the final decision and all findings for placement on the agenda at the first regularly scheduled Council meeting subsequent to the filing of the appeal, or as soon thereafter as possible. The City Council shall consider the findings and recommendations of the Board and may adopt them in total, hold a de novo hearing, or the City Council may amend, modify or reject the recommended decision of the Board. In addition, the City Council may send the findings and recommendations back to the Board with instructions to rehear any relevant matter not previously heard and then resubmit additional amended or modified findings to the City Council. The City Council may revoke, amend or modify the license, or impose such other or further reasonable terms, conditions or restrictions on the terms, conditions or restrictions theretofore placed on said license as the City Council finds reasonable or necessary to ensure that the business enterprise, occupation or activity will not be contrary to or inimical to or jeopardize the preservation of the public peace, safety or welfare of the City or its inhabitants, or be detrimental to other properties or businesses in its vicinity. The City Council may also prevent the holder of a revoked or suspended license from applying for a new license within one year or such other certain, specified, reasonable time period as the City Council deems prudent. The decision of the City Council shall be final.

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

Each appeal of the denial of a business license or permit shall be accompanied by the payment of the fee established by City Council Resolution to cover the cost of the hearing and appeal. No fees shall be required in the case of an appeal of the revocation or suspension of a business license or permit.

(Added 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 license contains a provision that no new license may be requested by the holder of the revoked license for a certain, specified amount of time, a new license may not be requested during that amount of time by the holder of the revoked license 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 license was conducted or for the same business on a different premises within the City. If, after the period specified, application for a new business license is made, the applicant must comply with all requirements of this Code for issuance of a new business license. There shall be no automatic reinstatement of a revoked business license 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 license contains a provision that no new license may be requested by the holder of the revoked license for a certain, specified amount of time, a new license may not be requested during that amount of time by the holder of the suspended license 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 license 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 license 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 license as per the instructions from the City Council, Board, or Administrative Law Judge.

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