Morgan Hill Municipal Code Art. II Administration and Enforcement

A. It shall be the duty of the license administrator to administer the provisions of this chapter in accordance with the terms of this chapter. It shall be the duty of the administrator and he or she shall have the power to license all businesses and to cause the collection of fees therefore and the prosecution of all persons violating any of the provisions of this chapter.

B. The chief of police, police officers and city code enforcement officers shall have and exercise the power and it shall be their duty:

1. First: To make arrests or issue citations for the violation of any of the provisions of this chapter;

2. Second: To enter free of charge at any reasonable time any place of business for which a license is required, and to demand the exhibition of such license for the current term from any person engaged or employed in the transaction of such business; and

3. Third: To require any person who claims to be exempt from the provisions of this chapter to properly identify himself or herself and to give sufficient information to show compliance with the provisions of one of the exemptions set forth in this chapter.

(Ord. No. 1971 N.S., § 1, 4-7-2010)

A. All hearings shall be before the license administrator and all appeals of any decision of the license administrator shall be before the city manager. The decision of the city manager upon appeal shall be final.

B. At the hearing, both the applicant and the license administrator shall have the right to appear and be represented by counsel, and to present evidence and arguments relevant to the grounds on which the decision of the license administrator is appealed. The burden of proof shall be on the applicant to demonstrate why the action appealed from should be altered, reversed or modified.

C. Within ten working days of a hearing, a notice of the decision shall be sent to the applicant.

D. The license administrator and the city manager shall have the power to administer oaths, certify to all official acts and issue subpoenas for and to require the attendance of witnesses and the production of records and documents upon any hearing provided under this chapter. The license administrator shall have the power to administer oaths in the execution of any affidavit, statement or certificate required in this chapter.

(Ord. No. 1971 N.S., § 1, 4-7-2010)

Any notice required under this chapter to be given shall be deemed to have been served when the same has been deposited in the United States mail enclosed in a sealed envelope, postage prepaid, addressed to such persons at their place of business as the address of the same appears in the records of the license administrator, and if no such address appears then to their last known address, and if there is no last address, then addressed to such persons at the city.

(Ord. No. 1971 N.S., § 1, 4-7-2010)

A. The payment of any license tax required by this chapter, its acceptance by the city and the issuance of a license shall not entitle the holder thereof to transact or to carry on any business called for by the license unless the licensee has complied with all requirements of this chapter and any other applicable federal, state, or local regulations pertaining to such business.

B. No license issued under the provisions of this chapter shall be construed as authorizing or the waiving by the city of the enforcement against the conduct or the continuance of any illegal or unlawful business or activity.

C. No affidavit, statement or certificate required under any provision of this chapter shall be conclusive upon the city or any department, bureau, officer or agent thereof, and whenever it appears to the satisfaction of the license administrator, and he or she has reason to believe that such affidavit, statement or certificate does not set forth the true facts required by this chapter, the license administrator may withhold the issuance of a license therefore until such time as the applicant shall furnish satisfactory evidence of the truth of such statement, affidavit or certificates.

(Ord. No. 1971 N.S., § 1, 4-7-2010)

It is unlawful for any person to violate any of the provisions of this chapter.

(Ord. No. 2276 N.S., § 6, 5-2-2018)

Editor's note— Ord. No. 2276 N.S., § 6, adopted May 2, 2018, amended § 5.04.090 in its entirety to read as herein set out. Former § 5.04.090 pertained to violation—penalty and derived from Ord. No. 1971 N.S., § 1, adopted April 7, 2010.