El Cajon Municipal Code Ch. 5.12 License and Permit Suspension and Revocation

This chapter is for the purpose of providing a procedure for the revocation or suspension of all licenses or permits issued by this city, appeals from the denial of any license or work permit, and appeals from any license tax assessment; provided, however, this chapter shall not apply to any licenses or permits issued pursuant to the provisions of the zoning ordinance of this city.

(Prior code § 16A-1)

Any license required by Chapters 5.04 and 5.08 may be denied, suspended, or revoked by the city council, after hearing, only upon one or more of the following grounds:

A. Proper application as prescribed in said chapter has not been made; or

B. The prescribed tax for such license has not been paid; or

C. The requirements of Section 5.04.290 have not been met; or

D. The conduct of the business is contrary to local, state or federal law.

(Prior code § 16A-2)

Any license or permit referred to in Section 5.12.010 may be denied without hearing, or suspended or revoked after hearing by the city council, upon any of the following grounds; provided, however, this section does not apply to the issuance of business licenses pursuant to Chapters 5.04 and 5.08, or to the issuance of licenses for businesses enumerated in Chapter 5.16 of this code:

A. The misrepresentation of a material fact in the application for a license or permit by an applicant;

B. The violation by the licensee or permittee of any provisions of this code under which such license or permit is issued;

C. When the issuance or continuance of a license or permit would be contrary to the public peace or morals;

D. When the issuance or continuance of a permit would be contrary to the public health, welfare or safety.

(Prior code § 16A-3)

Except as provided in § 5.12.055, any person who was denied a license or permit, or any person whose license or permit was suspended or revoked by the city manager may request a hearing conducted by a hearing officer selected by the city manager.

(Ord. 4528, 03/11/97)

The request for a hearing must be in writing to the city manager within 10 calendar days from the date of the action denying suspending, or revoking the license or permit. Failure to file the request for a hearing in a timely manner shall be grounds to deny a hearing by the hearing officer.

(Prior code § 16A-4)

Except as provided in § 5.12.055, upon receiving a written request for a hearing, the city manager or delegee shall cause a hearing to be set no less than five nor more than 30 calendar days from the date of receipt of the appeal and shall set forth in writing and send to the applicant, licensee or permittee by means of registered mail, certified mail or hand delivery notice of the hearing which shall be conducted to determine the existence of any facts which constitute grounds for the denial suspension, or revocation of a license or permit. Such notice shall state the grounds of the complaint against the licensee or permittee, and shall state the time and place when and where such hearing shall be held.

(Prior code § 16A-5; Ord. 4528, 03/11/97)

Upon revoking or suspending a license because of a significant threat to public health, safety, or welfare, the city manager shall cause a hearing to be set not more than five days after suspending the license and shall set forth in writing and send to the applicant, licensee, or permittee by means of registered mail, certified mail, or hand delivery notice of the hearing which shall be conducted to determine the existence of any facts which constitute grounds for the denial suspension, or revocation of a license. Such notice shall state the grounds of the complaint against the licensee or permittee, and shall state the time and place when and where such hearing shall be held.

(Ord. 4528, 1997)

The city clerk, at the request of the city manager, or upon the city clerk's own initiative, or upon the written request of the licensee or permittee, shall issue subpoena for the attendance of witnesses at such hearing. Any person served with such subpoena shall attend such hearing. Failure to do so shall constitute a violation of this chapter.

(Prior code § 16A-6; Ord. 4528, 1997)

The hearing shall be conducted by a hearing officer selected by the city manager with the following provisions:

A. The applicant, licensee, or permittee may have the assistance of counsel or may appear by counsel and shall have the right to present evidence;

B. In the event that the applicant, licensee or permittee, or counsel representing same, fails to appear at the hearing, the evidence of the existence of facts which constitute grounds for denial, suspension, or revocation of the license shall be considered unrebutted;

C. The hearing officer may:

1. Uphold the city manager's decision;

2. Allow that which was denied; or

3. Reverse any other city manager decision which is the subject of the appeal.

D. A copy of the decision of the hearing officer specifying findings of fact and the reason for the decision shall be furnished to the applicant or licensee or designated representative. The decision of the hearing officer shall be final ten days from the hearing officer's action except as provided in Section 5.12.077.

(Prior code § 16A-7; Ord. 4528, 1997)

The effect of the city manager's decision shall be stayed while an appeal is pending or until the time for filing such appeal has expired. The effect of a decision the hearing officer shall be stayed while an appeal to the city council is pending or until the time for filing such appeal has expired.

(Ord. 4528, 1997)

The applicant, licensee, permittee, and city manager shall have the right to appeal the hearing officer's decision pursuant to Chapter 1.36 (Administrative Hearings) of this code.

(Ord. 4528, 1997)

Within fifteen days of the conclusion of the hearing, the city council shall announce its decision and findings by resolution. A copy of such resolution shall be mailed to the applicant and any other persons requesting notice of the action.

(Prior code § 16A-8)

The action by the city council on the issuance, suspension or revocation of any permit or license shall be final and conclusive.

(Prior code § 16A-9)