Los Banos Municipal Code Art. 4 Denial, Suspension or Revocation of Business License

(a) Every business license granted under this chapter is granted and accepted by all parties with the express understanding that the City may revoke the business license if it is in the best interest of the health, welfare, or safety of the public to do so and grounds for such revocation exist as noted in this Section.

(b) Except as otherwise provided in this chapter, a business license may be denied or revoked pursuant to this chapter upon any of the following grounds:

(1) The applicant has failed to complete the application for a business license or renewal, or has failed to provide any additional requested information or documentation as prescribed in this chapter;

(2) The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for the business license or in any report or statement required to be submitted to the City;

(3) The applicant is found to have committed a crime involving moral turpitude that is substantially related to the business activity for which the business license is being sought;

(4) The business or the activities or conduct of the business at the proposed fixed location is prohibited by any provision of this Code or any local, State or Federal law, statute, rule or regulation;

(5) That the applicant or licensee does not have the appropriate permits or licensing necessary to conduct the business activities for which the business license is sought as required by this Code or any local, State or Federal law, statute, rule or regulation;

(6) The business or the activities or conduct of the business has been or is in violation of any conditions of approval or restrictions imposed;

(7) The business is being operated in a manner determined to constitute an immediate threat or menace to the health or safety of the public. Failure to correct objectionable conditions constituting a public nuisance within a reasonable time after lawful notice from a governmental entity shall be prima facie proof thereof;

(8) The building, structure, premises, or the equipment used to conduct the business activity fails to comply with all applicable health, zoning, fire, building and safety laws of the City, State, Federal, or otherwise applicable codes, rules, or regulations or laws;

(9) The prescribed fees for the business license or renewal have not been paid; or

(10) Delinquent business license fees or renewal fees have not been paid.

(§ 1, Ord. 1163, eff. May 4, 2018)

(a) On determining that grounds for denial of an initial application or a renewal exist, the Director shall furnish written notice of the proposed denial to the applicant or licensee stating the reasons therefor, and serving the notice and a copy of this chapter or any otherwise applicable code sections, upon the applicant or licensee, in person or by regular mail. The applicant or licensee shall be given an opportunity to appear and meet with the Director to contest the proposed decision to deny the application for the business license and to show cause why the application for the business license or renewal should not be denied.

(b) After holding the meeting described in subsection (a) herein, or if the applicant or licensee does not request a meeting, upon determining that there are sufficient grounds, the Director shall:

(1) Approve the application;

(2) Conditionally approve the application;

(3) Deny the application.

(c) The decision of the Director shall become effective 14 days following the date of service (either by regular mail or personally) upon the applicant or licensee of the notice of decision. If the applicant or licensee files an appeal within the time and manner prescribed, the license (in the case of a renewal) shall remain in effect until the appeal is finally determined.

(§ 1, Ord. 1163, eff. May 4, 2018)

If an applicant's business license application for a particular business activity has been denied, or a licensee's renewal has been denied, the City shall not process a new application by that applicant or licensee for that business activity for a 12 month period after the date of the decision to deny unless the Director determines that the reason for the denial has been cured and no longer exists.

(§ 1, Ord. 1163, eff. May 4, 2018)

The Director is authorized to suspend or revoke any issued business license upon determining that grounds exist for denial of issuance of a license under the provisions of this chapter.

(§ 1, Ord. 1163, eff. May 4, 2018)

(a) On determining that grounds for license suspension or revocation exist, the Director shall furnish written notice of the proposed suspension or revocation to the licensee stating the reasons therefor, and serving the notice and a copy of this chapter or any otherwise applicable code sections, upon the holder of the license, in person or by regular mail. The licensee shall be given an opportunity to appear and meet with the Director to contest the proposed decision to suspend or revoke the business license permit and to show cause why the business license should not be suspended or revoked.

(b) After holding the meeting described in subsection (a) herein, or if the licensee does not request a meeting, upon determining that there are sufficient grounds, the Director shall:

(1) Issue a warning;

(2) Impose reasonable conditions on the license;

(3) Suspend the license for a specified period not to exceed six months;

(4) Revoke the license.

(c) The decision of the Director shall become effective 14 days following the date of service (either by regular mail or personally) upon the licensee of the notice of decision. If the licensee files an appeal within the time and manner prescribed, the license shall remain in effect until the appeal is finally determined. If the Director finds that it is necessary in order to protect against a serious and immediate threat to the health, safety or welfare of the public caused by exercise of the license the revocation or suspension shall take effect immediately upon service of the notice.

(§ 1, Ord. 1163, eff. May 4, 2018)

If a licensee's business license for a particular business activity has been revoked, the City shall not process a new application by that applicant or licensee for that business activity for a 12 month period after the date of the decision to revoke unless the Director determines that the reason for the revocation has been cured and no longer exists.

(§ 1, Ord. 1163, eff. May 4, 2018)