Colton Municipal Code Ch. 5.56 Business License Revocation

It is unlawful for any business to violate any provision or to fail to comply with any of the requirements of this section, or the Colton Municipal Code. Any business violating any of the provisions or failing to comply with any of the mandatory requirements of this section, or the provisions of the Colton Municipal Code shall be subject to business license revocation proceedings, pursuant to Chapter 5.56 of this Code.

(Ord. No. O-13-20, § 2, 1-19-2021)

The City Manager and all other code enforcement officials or officers of the City have the authority and powers necessary to abate public nuisances and gain compliance with the provisions of this Code and applicable state codes. These powers include, but are not limited to, the power to enter and inspect public and private property and the authority to use whatever judicial and administrative remedies are available under this Code and any applicable state codes, including the issuance of administrative citations pursuant to Section 8.12.030 of this Code, the ability to revoke a business license pursuant to Chapter 5.56 of this Code.

(Ord. No. O-13-20, § 2, 1-19-2021)

A. Violation Unlawful. It is unlawful and declared a public nuisance for any person to operate in violation of any federal, state, or local laws.

B. Remedies. The City may enforce this section using any remedy available under the law, including:

1. Issuance of an administrative citation under Section 8.12.030 of this Code.

2. Denial, nonrenewal, suspension, or revocation of a business license under Chapter 5.56 of this Code.

3. Misdemeanor criminal prosecution by the City Prosecutor under Section 8.02.030 of this Code.

4. Filing of a civil or equitable action to seek abatement of any violation.

C. Violations Ongoing. Each and every day a violation is maintained, caused, aided, abetted, concealed, suffered, or permitted is a separate offense.

D. Remedies Cumulative. The remedies, procedures, and penalties provided by this Section are cumulative to each other and to any other available under City, State, or federal law.

(Ord. No. O-13-20, § 2, 1-19-2021)

The granting of a license in connection with carrying on any business, show, exhibition or game shall not be deemed a permit to conduct the same in an unlawful manner or at a place prohibited by law or ordinance. Any business operating in violation of any federal, state or local law shall be subject to revocation proceedings pursuant to Chapter 5.56 of this Code.

(Ord. No. O-13-20, § 2, 1-19-2021)

Where a business license has been issued to any business by the City and the tax paid therefor under the provisions of any chapter heretofore enacted and the term of such license has not expired, then the license tax prescribed for said business by this title shall not be payable until the expiration of the term of such unexpired license; provided however, that such business license shall otherwise be subject to the regulatory provisions of this Code.

(Ord. No. O-13-20, § 2, 1-19-2021)

Any business license issued by the City may be conditioned, modified, suspended, or revoked for cause by the Development Services Director ("Director") or his/her designee pursuant to this section.

A. A hearing to determine whether or not an existing license should be conditioned, modified, suspended, or revoked shall be initiated by a written statement of charges. Such statement may be initiated by any department authorized to regulate the licensed activity for compliance with city laws and regulations. Such statement shall be submitted to the Director or his/her designee.

B. If the Director determines that a hearing is warranted, notice of said hearing, including the date, time and location, shall be made to the licensee as follows:

1. Notice shall be mailed, postage prepaid, to the business.

2. If the business maintains a physical location within the City, notice of the hearing shall be posted on the site at which the business is located.

C. A revocation hearing shall include the following procedure:

1. The hearing shall be heard by the Director or the Director's designee.

2. The licensee or legal representative of the licensee shall have the right to bring witnesses to testify on his or her behalf.

3. Hearings need not be conducted according to technical rules relating to evidence and witnesses. Oral evidence shall be taken only on oath or affirmation.

4. The Director shall issue his or her decision by written decision. The decision shall contain a determination of the issues presented.

D. The Director may condition, modify, suspend, or revoke a business license for any business activity required to be licensed under this division if the Director finds one or more of the following:

1. That the building, structure, or equipment used in the conduct of the business does not comply with or fails to meet any health, zoning, fire, and building and safety laws of the State of California or any City ordinances;

2. That the licensee has knowingly made any false, misleading or fraudulent statement of material fact in the application for a license, or in any report or record to be filed with the City;

3. That the licensee has violated any federal, state or local law;

4. That the licensee has violated any conditions or restrictions of the license;

5. That the licensee has been held liable or convicted of any offense involving the maintenance of a nuisance resulting from any act performed in the exercise of any rights permitted by the issuance of the subject license;

6. That the licensee has violated any rule or regulation adopted by any governmental agency relating to the licensee's business;

7. That the licensee has conducted the licensed business in a manner contrary to the peace, health, safety and the general welfare of the public.

E. Business license suspension or revocation shall have the following effects:

1. No business license fee refunds shall be issued to any licensee upon revocation of a business license.

2. Upon revocation of any business license for cause under Chapter 5.56 of this Code, no business license to operate the same business activity shall be granted to the same person or business within one year after such revocation.

3. Whenever a license is suspended or revoked, the Director shall take into possession the business license for the subject business activity. The licensee shall surrender the business license, license stickers, or similar evidence of a license to the Director.

4. Upon revocation or suspension of a business license, the licensee shall cease operation of the business activity immediately, and any further operation shall be unlawful. Except as otherwise provided, in the event that the license is suspended, the licensee may resume operation once the suspension period has expired.

(Ord. No. O-13-20, § 2, 1-19-2021)

Any person aggrieved by any decision of the Director with respect to an application for issuance, issuance, modification, suspension, or revocation of any license hereunder may appeal to the Administrative Appeals Board in the manner provided in Section 5.44.220 of this Code.

(Ord. No. O-13-20, § 2, 1-19-2021)

The conviction and punishment of any person for engaging in any business without first obtaining a license to conduct such business shall not relieve such person from paying the license fee due and unpaid at the time of such conviction, nor shall the payment of any license fee prevent a criminal prosecution for the violation of any of the provisions of this Code. Any business violating any of the provisions or failing to comply with any of the provisions of the Colton Municipal Code shall be subject to business license revocation proceedings, pursuant to Chapter 5.56 of this Code. All remedies prescribed hereunder shall be cumulative and the use of any one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this title, or any other provisions of this Code. Nothing contained in this Code shall be deemed to create a mandatory duty on the part of the City or any of its officers or employees to enforce this Chapter or enforce it in any particular manner.

(Ord. No. O-13-20, § 2, 1-19-2021)