Los Angeles Municipal Code § 103.34 Suspension or Revocation of Permits Issued Under This Article

(Title and Section Amended by Ord. No. 176,546, Eff. 5/2/05.)

The Board may, upon its own motion or upon the verified complaint in writing of any person, investigate the actions of any permittee and may temporarily suspend for a period not exceeding one year, revoke the permit, or impose conditions upon the retention of a permit of any permittee who commits any one or more of the acts or omissions constituting grounds for suspension, revocation or disciplinary action under this article. The procedure for suspension, revocation, or disciplinary action shall comply with the provisions of Article 2, Chapter 10.

(Added by Ord. No. 175,676, Eff. 1/11/04.)

The Board shall, upon its own motion or upon the verified complaint in writing of any person, suspend or revoke an existing permit issued pursuant to Sections 103.101.1, 103.102, or 103.109, or impose conditions upon the retention of the permit as the Board shall find to be necessary to assure the preservation of the public health and safety, if the evidence presented establishes that:

1. The business has been operated in violation of any of the applicable requirements of this article;

2. Any of the applicable requirements for issuance of a permit ceases to be satisfied;

3. (Amended by Ord. No. 176,066, Eff. 8/8/04.) The permittee, the permittee’s employee, agent, partner, director, officer, or manager has been convicted by final judgment in a court of competent jurisdiction,

which judgment has resulted from any trial or plea, including a plea of nolo contendere, of any of the following offenses occurring upon, or relating to the business premises:

(a) The presentation, exhibition or performance of an obscene production or play;

(b) The distribution of obscene material or material harmful to minors;

(c) Sexual abuse, rape, and any offense classified by the State as an offense involving sexual crimes against children;

(d) Prostitution or pandering;

(e) Penal Code Sections 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316, or 647, or the violation of any crime

requiring registration under California Penal Code Section 290, or violation of any successor sections;

(f) A court has declared the business to be a public nuisance.

4. The permittee, the permittee’s employee, agent, partner, director, officer, or manager has knowingly allowed or permitted any act of sexual intercourse, sodomy, oral copulation or masturbation to be

committed in or on the business premises, or has knowingly allowed or permitted prostitution, or solicitation of prostitution on the premises; or (Amended by Ord. No. 176,066, Eff. 8/8/04.)

5. The permittee, the permittee’s employee, agent, partner, director, officer, or manager has knowingly made any false, misleading, or fraudulent statements of material fact in the application for permit, or in any

report or record required to be filed with the Board, or has violated any rule or regulation duly adopted by the Board relating to the business. (Amended by Ord. No. 176,066, Eff. 8/8/04.)

(Amended by Ord. No. 176,066, Eff. 8/8/04.)

The following applies only to businesses subject to Sections 103.101.1, 103.102 or 103.109:

A permittee or applicant may, pursuant to California Code of Civil Procedure Section 1094.8, seek judicial review of any Board decision to deny a permit application, to suspend or revoke a permit or deny an annual renewal of a permit. If the decision was based on a violation of Subdivisions 1, 2, 4 or 5 of Section 103.34.1, and an action is timely filed pursuant to Code of Civil Procedure Section 1094.8(d)(3), the Board’s final action is stayed for 75 days from the filing of court action.