Monrovia Municipal Code Ch. 5.10 Suspension and Revocation of Licenses and Permits

Every license and permit issued under this title is granted by the city and accepted by all parties with the express understanding that such license or permit may be suspended or revoked for one or more of the grounds set forth in § 5.10.020.

(`83 Code, § 5.10.010) (Ord. 97-18 § 2, 1997)

Any license or permit issued under this title may be suspended or revoked upon one or more of the following grounds:

(A) The license or permit has been granted on false or fraudulent evidence, testimony or application.

(B) Delinquent business license taxes have not been paid.

(C) The licensee or permittee has allowed violations of city, state or federal law to occur on the premises.

(D) The conduct of the business is in violation of city, state or federal law.

(E) The conduct of the business does not comport with the public health, safety or welfare.

(`83 Code, § 5.10.020) (Ord. 97-18 § 2, 1997)

(A) The Community Development Director may suspend or revoke any license or permit issued under this title upon one or more of the grounds set forth in § 5.10.020. The decision of the Community Development Director shall be made in writing, shall state the ground(s) therefor, and shall indicate that an appeal may be filed in accordance with § 5.10.040.

(B) The effectiveness of any decision of the Community Development Director to suspend or revoke a license or permit shall be stayed during: (1) the appeal period set forth in § 5.10.040; and (2) the pendency of any appeal.

(`83 Code, § 5.10.030) (Ord. 97-18 § 2, 1997)

(A) Any person whose license or permit is suspended or revoked by the Community Development Director may appeal to the Development Review Committee by filing a written declaration with the City Clerk within 14 calendar days after the decision of the Community Development Director; provided, however, that if the 14 days expires on a date that City Hall is not open for business, then the appeal period shall be extended to the next city business day. Such declaration shall indicate the ground(s) upon which the appeal is based.

(B) Failure to file a timely appeal petition deprives the Development Review Committee of jurisdiction to hear the appeal.

(`83 Code, § 5.10.040) (Ord. 97-18 § 2, 1997)

(A) Upon the filing of a timely appeal, the Development Review Committee shall hold a hearing on the suspension or revocation of the license or permit. Notice of the time, date and place of the hearing shall be mailed to the licensee, or shall be personally delivered, at least ten days prior to the date of the hearing.

(B) The following procedures shall govern the hearing conducted by the Development Review Committee. All parties involved shall have a right to: (1) offer testimonial, documentary and tangible evidence bearing on the issues; (2) be represented by counsel; and (3) confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing may be continued for a reasonable time for the convenience of a party or a witness.

(C) At the conclusion of the hearing, or at any time within 30 days thereafter, the Development Review Committee shall render a decision. The Development Review Committee may affirm, modify or reverse the action of the Community Development Director. The decision of the Development Review Committee shall be made in writing, shall be supported by findings, and shall be final.

(D) No later than three city business days after the Development Review Committee's decision, notice of the decision and a copy thereof shall be mailed by first-class mail, postage prepaid, to the appellant. Such notice shall contain the substance of the following statement: “You are hereby notified that the time within which judicial review of this decision may be sought is governed by Cal. Code of Civil Procedure § 1094.6.”

(`83 Code, § 5.10.050) (Ord. 97-18 § 2, 1997)

Judicial review of the decision of the Development Review Committee may be sought in accordance with Cal. Code of Civil Procedure §§ 1094.5 et seq. or as otherwise permitted by law.

(`83 Code, § 5.10.060) (Ord. 97-18 § 2, 1997)

(A) Upon suspension or revocation of a business license or permit, the licensee or permittee shall cease operation of the subject business activity immediately. Except as otherwise provided, in the event that a license or permit is suspended, the licensee or permittee may resume operation once the suspension period has expired.

(B) Whenever a business license or permit is suspended or revoked, the Community Development Director shall take into possession the license or permit for the subject business activity. Except as otherwise provided, in the event that a license or permit is suspended, the Community Development Director shall return the license or permit once the suspension period has expired.

(C) No license tax payment shall be refunded to any licensee upon revocation of a business license.

(D) Upon revocation of any business license or permit, no business license or permit to operate the same business activity within the city shall be granted to the same person within one year after such revocation.

(`83 Code, § 5.10.070) (Ord. 97-18 § 2, 1997)