El Cerrito Municipal Code Ch. 6.10 Permit Seizure, Revocation

This chapter pertains to all of Title 6 with the exceptions of Chapters 6.70 (Permits to Sell Firearms) and 6.75 (Charitable Solicitation).

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

A. The police chief may immediately seize a permit when:

1. The permit is assigned or transferred;

2. The permit is used by any person other than the permittee;

3. The permittee commits any of the acts which are grounds for revocation;

4. The permittee does not allow the investigation, review, or audit authorized by law.

B. Upon taking such action, the police chief shall, within forty-eight hours, serve on the permittee:

1. A written statement of the reasons for the action;

2. An invitation to hold a show-cause hearing on the return of the permit if the applicant requests such within the following eight working days.

C. The police chief shall schedule a show-cause hearing on the return of the permit within three working days of any request to do so by the permittee.

D. The police chief shall issue his written decision within two working days after the conclusion of the show-cause hearing.

E. The permittee may appeal, to the council, the decision of the police chief, as provided in Chapter 6.15 of this title.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

The city manager, or the approving public official may revoke a permit issued under this chapter for any of the following causes:

A. Fraud, misrepresentation or any misstatement of a material fact made in furnishing the information required by Section 6.05.020 or Title 4;

B. Any violation of the provisions of this code or regulating sections of law;

C. Any acquisition, handling or disposal of stolen goods;

D. Conviction of the permit holder of any felony, or crime involving moral turpitude;

E. Conducting the business or solicitation in any unlawful manner, or in such a manner as to constitute a breach of the peace or to be a menace to the health, safety or general welfare of the people of the city.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

The city clerk shall notify the permittee in writing of the revocation of the permit and the reasons therefor by registered mail. Unless a timely appeal is filed, the permittee shall return the permit and badge to the city clerk. Failure of the permittee to surrender the permit and badge, or to show evidence of their loss or destruction, is a misdemeanor punishable under Chapter 1.08 of this code.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)