Elk Grove Municipal Code Art. V Denial, Suspension, and Revocation of License or Permit

When the Chief of Police denies application for a license or permit or the application for a renewal of a license or permit, other than due to the failure to pay the required fees, the applicant shall not be issued a license or permit for one (1) year from the date of denial. If, subsequent to denial, the Chief of Police finds that the basis for denial has been corrected or abated, the applicant shall be granted a license or permit if at least ninety (90) days have elapsed since the date denial became final and the applicant is otherwise qualified to obtain a license or permit.

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

A. A licensee or permittee may be subject to suspension or revocation of his or her license or permit, or be subject to other appropriate remedial action, including the imposition of additional conditions, for any of the following causes arising from the acts or omissions of the licensee or permittee, or an employee, agent, partner, director, stockholder, or manager of an adult-oriented business:

1. The licensee or permittee has knowingly made any false, misleading or fraudulent statement of material facts in the application for a license or permit, or in any report or record required to be filed with the City.

2. The licensee or permittee, employee, agent, partner, director, stockholder, or manager of an adult-oriented business has engaged in or knowingly allowed or permitted, or has failed to make a reasonable effort to prevent, the occurrence of any of the following on the premises of the adult-oriented business:

a. Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation.

b. Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur.

c. Any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code.

d. The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316, or 318 or Section 647(b) of the California Penal Code.

e. Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to Sections 311 through 313.4.f. Any conduct prohibited by this chapter.

3. The licensee or permittee failed to abide by any lawful condition previously imposed by an authorized City official.

4. The licensee or permittee failed to abide by any applicable provision of this chapter.

B. In accordance with the provisions of this chapter, if the Chief of Police finds and determines that there are grounds for action, the Chief of Police shall propose one (1) of the following:

1. A warning;

2. Suspension of the license or permit for a specified period not to exceed six (6) months;

3. Revocation of the license or permit.

4. The Chief of Police shall propose the revocation of a license or permit if it has been suspended within the proceeding twelve (12) months.

C. The revocation of a license or permit shall continue for one (1) year, and the licensee or permittee shall not be issued an adult-oriented business license or permit for one (1) year from the date the revocation became effective. If, subsequent to revocation, the Chief of Police finds that the basis for the revocation has been corrected or abated, the applicant may apply for and be granted a new license or permit if at least ninety (90) days have elapsed since the date the revocation became effective and the applicant is otherwise qualified for a license or permit.

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

On determining that grounds for license or permit revocation or suspension exist, the Chief of Police shall furnish written notice of the proposed suspension or revocation to the licensee or permittee. Such notice shall set forth the time and place of a hearing to be conducted by a Hearing Authority appointed by the City Manager, and the grounds upon which the hearing is based, the pertinent code sections at issue, and a brief summary of the facts in support of the suspension or revocation. The notice shall be mailed, postage prepaid, to the last known address of the licensee or permittee, or shall be delivered to the licensee or permittee personally, at least ten (10) business days prior to the hearing date. At the hearing, all parties shall have a right to offer testimonial, documentary, and tangible evidence on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence upon which reasonable persons are accustomed to rely in the conduct of serious matters may be admitted. Any hearing under this chapter may be continued for a reasonable time for the convenience of a party or witness. Notice of the Hearing Authority’s decision shall be mailed to the applicant or licensee or permittee no later than seven (7) days after the close of the hearing. If the Hearing Authority determines that grounds for revocation or suspension exist, the Hearing Authority shall include in its written decision any one (1) or more of the actions listed in EGMC Section 4.31.305(B) to be effective within fourteen (14) days of the hearing.

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

A. All decisions of the Chief of Police and/or the Hearing Authority to issue, renew, deny, suspend or revoke a license or permit are final within thirty (30) days. After denial of an application, renewal, or a suspension or revocation, the applicant or licensee or permittee may seek prompt judicial review of such decision in any court of competent jurisdiction as provided by law, including judicial review pursuant to Section 1094.8 of the California Code of Civil Procedure. Notwithstanding the applicant’s or licensee’s or permittee’s right to initiate judicial review, the City shall, upon the written request of an aggrieved applicant, licensee, or permittee, within three (3) business days of its receipt of the request, file an action with a court of competent jurisdiction seeking declaratory and injunctive relief, including temporary and preliminary relief, as to the propriety of the denial, revocation, or suspension.

B. If, upon request, the City files such action seeking judicial review or the aggrieved applicant, licensee or permittee files the action, the City’s revocation, suspension, or denial of renewal application will be stayed pending a judicial decision on the merits by a court of competent jurisdiction.

C. If the City denies an initial application of a license or permit and the aggrieved applicant commences a legal action to determine the validity of the denial or makes a written request in the manner set forth herein that the City commence such action, the City shall issue a temporary license or permit if the court has not rendered a decision on the merits within the earlier of twenty (20) days after the matter is submitted to the court or fifty (50) days of the filing of the action. This temporary license or permit shall remain in effect only until the court in which the action is pending renders its decision on the merits as to the propriety of the denial.

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

The City deems confidential license and permit applications required by this chapter and all information contained therein. Absent an order from a court of competent jurisdiction, the City shall not disclose for public review the applications or the information contained therein.

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