La Mesa Municipal Code Ch. 6.40 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.

(Ord. No. 2061, § 1, May 25, 1976)

Any license required by Title 6 of this Code may be denied, suspended, or revoked by the City Council, after hearing, only upon one or more of the following grounds:

(1) Proper application as prescribed in said Title 6 has not been made; or

(2) The prescribed tax for such license has not been paid; or

(3) The requirements of Title 6 have not been met; or

(4) The conduct of the business is contrary to local, state or federal law.

(Ord. No. 2061, § 1, May 25, 1976)

Any license or permit referred to in Section 6.40.010 may be denied without hearing, or suspended or revoked after hearing by the City Council, upon any of the following grounds:

(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.

(Ord. No. 2061, § 1, May 25, 1976)

The Director of Finance shall deliver a writing either personally or by mail to the person or business holding said license, stating that he is recommending to the City Council the revocation or suspension of his license, and a brief summary of the reasons therefor.

(Ord. No. 2061, § 1, May 25, 1976)

Said notice shall contain the date, time and place when each such recommendation shall be made to the City Council.

(Ord. No. 2061, § 1, May 25, 1976)

At said time and place as stated in the notice, the licensee may appear and be heard by the Council.

(Ord. No. 2061 § 1, May 25, 1976)

In the event that the licensee appears and contests the said revocation, the Council may set a time and place for said hearing of said recommendation for said revocation.

(Ord. No. 2061, § 1, May 25, 1976)

The City Clerk, at the request of the City Manager, or upon her 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.

(Ord. No. 2061, § 1, May 25, 1976)

At such hearing the City Council may, at its discretion, require witnesses to be sworn. The applicant, licensee or permittee, or his agent, may present evidence in support of the issuance or continuance of his license or permit. Any other person may, at the discretion of the City Council, be allowed to participate in the hearing and present evidence.

(Ord. No. 2061, § 1, May 25, 1976)

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.

(Ord. No. 2061, § 1, May 25, 1976)

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

(Ord. No. 2061, § 1, May 25, 1976)

There shall be no refund of business license fee upon revocation or suspension, voluntary or enforced, of any business license or related permit as issued pursuant to this chapter of the La Mesa Municipal Code.

(Ord. 2257; March 26, 1981)