Lomita Municipal Code Art. 4 Suspension, Revocation, and Appeal

Any appeal from a denial of an escort service license or escort license shall be made in accordance with the provisions of section 6-7.200.

(Ord. No. 567, § 2, 10-7-96; Ord. No. 624, § 1, 7-10-00)

After an investigation, notice and hearing, any escort service license may be revoked or suspended by the city clerk where any of the following is found:

(1) Within the past five (5) years, the licensee has violated any provisions of this chapter; or

(2) The licensee is a person who has engaged in disqualifying conduct; or

(3) The licensee has failed to comply with one or more of the facilities and operations requirements of section 6-7.060; or

(4) The licensee has engaged in fraud, misrepresentation or false statements in conducting the escort service; or

(5) The licensee has continued to operate the escort service after the license has been suspended; or

(6) The licensee has allowed a person to work as an escort who:

a. Does not have a valid escort license; or

b. Within the past five (5) years, has been convicted of a "disqualifying conduct" where the licensee has actual or constructive knowledge of such violation.

(Ord. No. 567, § 2, 10-7-96; Ord. No. 624, § 1, 7-10-00)

After an investigation, notice and hearing, any escort license may be revoked or suspended by the city clerk where it is found that:

(1) Within the past five (5) years, the licensee has violated any provision of this chapter; or

(2) The licensee is a person who has engaged in "disqualifying conduct;" or

(3) The licensee has continued to function as an escort after the license has been suspended; or

(4) The licensee has failed to comply with the requirements of either section 6-7.040 or section 6-7.150, whichever is applicable; or

(5) The licensee has made a material misstatement in the application for a permit.

(Ord. No. 567, § 2, 10-7-96; Ord. No. 624, § 1, 7-10-00)

Upon determining that grounds for revocation or suspension exist, as set forth in sections 6-7.180 and/or 6-7.190, the city clerk shall furnish written notice of the proposed revocation or suspension to the licensee. For purposes of this section only, "licensee" shall include a person holding an escort service license or escort license. Such notice shall summarize the principal reasons for the proposed revocation or suspension; shall state that the licensee may request a hearing within fifteen (15) calendar days of the postmarked date on the notice; and shall be delivered both by posting the notice at the location of the escort service and by sending the notice by certified mail, postage prepaid, addressed to the licensee as that name and address appear on the license. Within fifteen (15) calendar days after the later of the mailing or posting of the notice, the licensee may file a request for hearing with the city clerk. If the request for a hearing is filed within fifteen (15) calendar days of the mailing or posting of the notice referred to herein, the city clerk shall transmit the request to the city manager.

Upon receipt of a written request for a hearing, the city clerk shall notify the licensee, in writing, that the city manager shall act as the hearing officer and shall conduct a hearing. The licensee may object to the city manager as the hearing officer by notifying the city clerk of said objection, in writing, within ten (10) days of the written request for hearing. In the event a licensee objects, the city council shall choose a neutral third party and the licensee shall choose a neutral third party, and these two (2) third parties shall choose a hearing officer. Notice of the time and place of the hearing shall be given to the licensee by personal service or via regular first-class mail and certified mail, postage prepaid, at least fifteen (15) calendar days in advance of the date set for the hearing. At the hearing, the licensee and the city shall be entitled to present relevant evidence, testify under oath, and call witnesses who shall testify under oath. The hearing shall not be bound to the statutory rules of evidence, except that the hearsay evidence may not be the sole basis for the determination of the hearing officer. At the conclusion of the hearing, the hearing officer shall decide whether the grounds for revocation or suspension exist and shall submit a written report to the city clerk. Such written report shall contain a brief summary of the evidence considered and shall state findings, conclusions, and directives to the city clerk regarding whether the license is to be revoked or suspended. All such reports shall be filed with the city clerk and shall be public records. A copy of such report shall be forwarded by certified mail, postage prepaid, to the licensee within one day after it is filed with the city clerk. If the hearing officer determines that any grounds for revocation or suspension exist, as provided in sections 6-7.180 and/or 6-7.190 or this chapter, the city clerk, based upon the report of the hearing officer, or, if no hearing was requested by the licensee, based upon the report of the city staff and/or the city clerk, shall immediately revoke or suspend the appropriate license(s). The decision of the hearing officer shall be appealable to the city council pursuant to Lomita Municipal Code Section 6-3.03. The decision of the city council upon appeal, or the decision of the hearing officer, in the absence of a timely appeal, shall be final and conclusive.

(Ord. No. 567, § 2, 10-7-96; Ord. No. 624, § 1, 7-10-00; Ord. No. 699, § 1, 4-2-07)