Chapter 5.34 — BUSINESS PERMITS—REVOCATION

Unless otherwise provided, every permit granted under this title or any section hereof is granted and accepted by all parties with the express understanding that the City Manager or designee may hold a public hearing, notice of the time and place of which shall be given to the permittee; and that if, after such hearing, the City Manager finds that any grounds for revocation or suspension exist, the City Manager may revoke or suspend such permit; and that if the facts or conditions constituting the grounds for revocation or suspension are an immediate threat to the public peace, health, or safety, the City Manager, pending such hearing, may suspend such permit for not more than 10 days.

(Prior code 6320; Ord. 32-78)

Unless otherwise provided, after a hearing as herein provided, the City Manager may suspend or revoke a permit if he or she finds that any permittee, his or her agent or employee or any person who is exercising managerial authority on behalf of the permittee has done any of the following:

• A. Knowingly made any false, misleading, or fraudulent statement of a material fact in an application for a permit, or in any report or record required to be filed with any governmental agency;

• B. Violated any provision of the ordinance codified in this title or any other ordinance, or any statute relating to his permitted activity;

• C. Been convicted of a felony or any crime involving theft, embezzlement or moral turpitude;

• D. Been convicted of a crime that has substantial relationship to the permitted activity;

• E. Committed any unlawful, false, fraudulent, deceptive or dangerous act while conducting a permitted business;

• F. Been adjudged to have willfully failed to comply with the terms of any contract made as a part of the exercise of the permitted business;

• G. Conducted the permitted business in a manner contrary to the public nuisance laws. The City Manager, however, may disregard the conviction of a felony or a crime if it is found and determined by the City Manager that mitigating circumstances exist. In making such determination, the City Manager shall consider the following factors:

  1. The type of business license or permit for which the person is applying;

  2. The nature and seriousness of the offense;

  3. The circumstances surrounding the conviction;

  4. The length of time elapsed since the conviction;

  5. The age of the person at the time of the conviction;

  6. The presence or absence of rehabilitation or efforts at rehabilitation;

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City of Orange, CA § 5.34.020

ORANGE CODE

§ 5.34.060

7. Contributing social or environmental conditions.

• H. The applicant, his or her employee, agent, or manager has published, uttered or disseminated any false, deceptive or misleading statements or advertising in connection with the operation of the permitted business.

(Prior code 6320.1; Ord. 32-78; Ord. 7-80; Ord. 25-82; Ord. 4-00)

On revocation of the permit, permit fees shall be forfeited to the City. (Prior code 6320.2; Ord. 32-78)

When a permit of any person is revoked for cause, no similar permit shall be granted to the same person within one year after such revocation. (Prior code 6320.3; Ord. 32-78)

• A. Whenever a hearing by the City Manager is provided by this article and notice of the hearing is to be given to any person, such notice shall be given not less than five days before such hearing either by registered or certified mail, postage prepaid, or in the manner required for the service in civil actions.

• B. Notice of a hearing for revocation of a permit shall state the ground or grounds of the complaint against the holder of such permit, or against the business carried on by the permittee, and shall state the time and place where such hearing will be had.

• (Prior code 6320.4; Ord. 32-78)

• A. Any person dissatisfied with any decision of the City Manager may, within 15 days after such decision is announced at the conclusion of a hearing, otherwise within 15 days after mailing the applicant or permittee a written notice of the decision by registered or certified mail, file a written notice of appeal to the City Council.

• B. Within 15 days of receipt of a notice of appeal to the City Council, the City Manager shall give not less than 10 days' written notice of the date, time, and place of such hearing on appeal to the appellant, the applicant or permittee. The City Council, at a hearing on appeal, shall consider only the transcript of proceedings before the City Manager or designee, together with any exhibits received in evidence during such proceedings; provided, however, that on application of any party, the City Council may, in its discretion, permit the introduction of additional evidence. In either case, the City Council may hear and consider additional argument and points and authorities of law, and may require parties before it to submit such argument and points and authorities of law prior to rendering any decision.

(Prior code 6320.5; Ord. 32-78)

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City of Orange, CA

BUSINESS TAXES AND REGULATIONS

§ 5.35.010

§ 5.35.020

CHAPTER 5.35 AMBULANCES