Elk Grove Municipal Code Art. II Denial and Revocation

The Chief of Police shall deny an initial application for a special business license if written findings in EGMC Section 4.10.040 are made.

The Chief of Police shall deny an application for renewal of a special business license if any of the written findings described by EGMC Section 4.10.060 are made.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

The Chief of Police may deny an initial application for or application for renewal of an employee permit if the Chief of Police finds in writing that the applicant therefor is disqualified for the permit under the provisions of EGMC Chapters 4.15 through 4.35.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

A denial of an initial application or application for renewal of either a special business license or employee permit by the Chief of Police shall be in writing, with the reasons stated therefor. Written notice of the denial, together with a copy of the provisions of this chapter and any provisions of EGMC Chapters 4.15 through 4.35 which are applicable to the license or permit, shall be served upon the applicant pursuant to the provisions of EGMC Section 4.02.090.

Denial of an initial application or application for renewal of a special business license shall prohibit operation of the enterprise at any location within the City.

With respect to denial of an application for renewal of a special business license or employee permit or termination of a special business license pursuant to EGMC Section 4.02.070, the license immediately preceding special business license or the permit immediately preceding the employee permit shall be deemed to be in full force and effect for a period of fifteen (15) days following the date of service upon the applicant of the notice of denial or termination. In the event the applicant files an appeal from the denial or termination in the manner and within the time prescribed by EGMC Section 4.10.115, the immediately preceding special business license or employee permit shall continue in full force and effect during the pendency of the appeal, until the date of final decision by the appellate authority.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

A. The holder of a special business license or employee permit or applicant therefor may file an appeal from the following:

1. The denial of an initial application for or application for renewal of a special business license or employee permit pursuant to the provisions of EGMC Section 4.10.100 or 4.10.105;

2. The imposition of conditions at the time of issuance of an initial or renewed special business license or during the term thereof, pursuant to the provisions of EGMC Section 4.10.045; or

3. The termination of a special business license as a result of a change in ownership, pursuant to the provisions of EGMC Section 4.02.070.

B. Any such appeal shall be filed pursuant to EGMC Chapter 1.11.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

Any special business license issued pursuant to this chapter may be suspended for not longer than one (1) year or revoked during its term if the Chief of Police finds in writing that one (1) or more of the following grounds exists:

A. That information in the latest application was untrue as provided in EGMC Section 4.10.040(A)(2);

B. That the Chief of Police has acquired information supporting a finding that one (1) of the persons listed in EGMC Section 4.10.040(A)(3) has a new criminal conviction or a criminal conviction previously undisclosed;

C. That the holder of the license has violated one (1) or more conditions imposed pursuant to EGMC Section 4.10.045; or

D. That the holder of the license has violated any term, condition or requirement or prohibition established by this chapter, EGMC Chapter 4.02, or Chapters 4.15 through 4.54 which are applicable to the license or the holder, or any administrative regulation promulgated thereunder, or any other applicable law.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

Any employee permit issued pursuant to this chapter may be suspended for not more than one (1) year or revoked during its term if the Chief of Police finds in writing the existence of grounds for revocation prescribed by EGMC Chapters 4.15 through 4.35.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

A. The Chief of Police may commence proceedings for the suspension or revocation of a special business license or employee permit by issuing a written notice of suspension or revocation. The notice shall state the reasons for suspension or revocation and shall be served, together with a copy of the provisions of this chapter and any provisions of EGMC Chapters 4.15 through 4.35 which are applicable to the license or permit, upon the holder of the license or permit. Except as provided below, the suspension or revocation shall become effective fifteen (15) days after the date of service unless the holder files an appeal within the time and in accordance with the provisions of EGMC Chapter 1.11. If such an appeal is filed, the suspension or revocation shall not, except as provided below, become effective until a final decision on the appeal is issued.

B. A special business license or employee permit may be temporarily suspended pending expiration of the time for appeal or exhaustion of an appeal pursuant to the commencement of proceeding for the suspension or revocation of the license or permit, if the Chief of Police finds that such temporary suspension is necessary in order to protect against a serious and immediate threat to the health or safety of the public caused by exercise of the license or permit. In the event the Chief of Police orders a temporary suspension, the notice of suspension or revocation shall be delivered personally to each place of business licensed or to which the permit relates, served upon the licensee or permittee, and shall contain the following:

1. The finding justifying the temporary suspension;

2. The time, date and place at which the licensee or permittee may appear in advance of the commencement of the temporary suspension for the purpose of responding to the Chief of Police to the charges in the notice; and

3. The time and date on which the temporary suspension commences, which shall not be earlier than twenty-four (24) hours following the time and date of delivery of the notice.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

Following notice of suspension or revocation pursuant to EGMC Section 4.10.145, the holder of the special business license or employee permit may file a written appeal pursuant to EGMC Chapter 1.11.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 15-2015 § 4, eff. 8-21-2015)

The revocation of a special business license or employee permit shall terminate the right of the holder of the license or permit to engage in the enterprise authorized by the license or perform the service authorized by the permit, as the case may be, anywhere within the City for a period of five (5) years following the effective date of revocation. At the conclusion of such period, the former holder may file a written application for issuance of a new license or permit with the Finance Director. Upon investigation by the Chief of Police and a new recommendation that must be reviewed by the City Council, the license or permit may be granted or denied by the City Council. The City Council may, in its sole discretion, grant or deny the application pursuant to such terms and conditions as it may prescribe, and may, in addition to other matters, consider factors relating to the rehabilitation of the applicant in making its determination.

In the event of revocation of a special business license, neither the spouse, domestic partner, child, brother, sister or parent of the holder of the revoked license, nor a person possessing an ownership interest in the enterprise for which the license was revoked or who was an employee thereof, shall be entitled to issuance of a special business license for the enterprise except upon filing and review of a new written application filed with the Finance Director, investigation by the Chief of Police, and a new recommendation of the Chief of Police that must be reviewed by the City Council. The Chief of Police may recommend grant of the application to the City Council with such conditions in order to ensure that the person whose conduct constituted the basis for the revocation does not exercise any control or influence over the enterprise or the person to whom the license is issued or the Chief of Police may recommend denial of the application. The City Council may deny the application or grant it with such conditions, in its sole discretion, it deems necessary to protect the public health, safety, and welfare.

The suspension of a special business license or employee permit shall terminate the right of the holder of the license or permit to engage in the enterprise authorized by the license or perform the service authorized by the permit, as the case may be, anywhere within the City for a period of up to one (1) year following the effective date of the suspension. At the conclusion of the suspension, the license or permit is subject to the normal applicable renewal process.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 2-2013 § 4, eff. 3-28-2013)