Ceres Municipal Code Ch. 05 General Business License and Permit Appeals

For the purpose of this chapter, and except where otherwise expressly defined in another section of this chapter, the following words and phrases shall have the meanings provided in this section. Where words and phrases are not expressly defined under this chapter, they shall be construed as their ordinary meaning within the context which they are used:

Applicant means the affective person or person aggrieved by the decision by a City official regarding the issuance, denial, suspension, or revocation of a business license or permit pursuant to this title.

Hearing means the hearing where the applicant presents testimony, evidence, or witnesses in support of the applicant's appeal to the Hearing Officer.

Hearing Officer means the City official or body who shall consider and make a determination regarding an applicant's appeal.

Notice of appeal means the written document the applicant must submit to appeal a City official's determination made pursuant to this title.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. All appeals pertaining to permits and licenses which may be issued, denied, revoked, suspended, or otherwise administered pursuant to this title shall be governed by this chapter and the applicable provisions of title 1.

B. Except for summary suspensions under section 5.04.050, if an appeal is timely filed, the suspension or revocation of the license or permit subject to the appeal shall not be effective until a final decision has been rendered. However, if the City official responsible for determining whether to suspend or revoke a license or permit, determines, in his or her sole discretion, that the suspension or revocation is necessary to protect public health, safety or general welfare the revocation or suspension may take effect immediately. If no appeal is filed pursuant to section 5.05.060 the effective date of the suspension or revocation shall be the date the period for filing an appeal expires.

(Ord. No. 2020-1057, § 1, 3-23-2020)

The procedures established by this chapter shall not apply to decisions regarding the issuance, denial, suspension, or revocation of a business license or permit, if there are specific appeal procedures already established in any other chapter of this title or any other provision of law that are applicable to the subject matter of the appeal and that are inconsistent with this chapter. If such procedures exist and are applicable, then those specific procedures shall prevail and be applied for any appeal relating to that administrative decision. In all other instances for appeals regarding business license and permits provided under this title, the appeals procedure of this chapter and title 1 shall apply.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Decisions by the City Council concerning appeals of the issuance, denial, revocation, or suspension of a business license or permit pursuant to this chapter, shall not be subject to appeal, except as otherwise provided in this Code, state law, or by judicial proceedings in accordance with applicable law. A decision by the City Council regarding an appeal made to the City Council pursuant to this chapter shall constitute an exhaustion of administrative remedies as a condition precedent to filing any court action pursuant to the California Code of Civil Procedure section 1094.5.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Only persons who were denied the issuance of license or permit pursuant to this title, or persons whose valid license or permit was revoked or suspended by a City official pursuant to this title, may appeal such actions. No right to appeal shall exist if the decision regarding the business license or permit was ministerial in nature, and thus does not involve the exercise of administrative discretion or personal judgment exercised under any of the provisions of this title.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A notice of appeal must be filed with the City Clerk within 15 days of the City official's decision to issue, deny, revoke, or suspend a license or permit (hereinafter refer to as the "City official's action" or as the "City official's decision"). A notice of appeal shall not be deem filed until the applicant pays a reasonable hearing fee in an amount established by the City Council, which may be amended from to time. The applicant's right to appeal shall terminate if a notice of appeal is not filed within the 15 days of the City Official's action. A City Official's decision shall become final upon the expiration of the 15-day period specified in this section.

(Ord. No. 2020-1057, § 1, 3-23-2020)