Chapter 3.30 — DENIAL OR REVOCATION OF A BUSINESS LICENSE TAX CERTIFICATE

Unless provided for elsewhere in this Code, a business license tax certificate issued pursuant to this Code may be denied or revoked for the reasons specified below:

A business license tax certificate may be denied or revoked if the applicant has knowingly made a false statement in a material matter either in his application or in his testimony before the council or other body hearing such testimony or receiving information relied upon in making a decision to approve such application.

A business license tax certificate may be denied or revoked unless the premises of the proposed business and the operation thereof comply with current building, fire, and health code requirements of the city.

A business license tax certificate may be denied or revoked if current business license tax has not been paid.

A business license tax certificate may be denied or revoked if it is being used for a purpose different from that for which it was issued or if city approvals to operate a business or requisite to the issuance of a business license tax certificate have been suspended or revoked.

In addition, except as otherwise provided herein, conviction (including pleas of guilty and nolo contendere) of a felony or misdemeanor shall be prima facie disqualification of an applicant for the following city business license tax certificates:

a.

Arcade operations;

b.

Billiard rooms;

c.

Bingo operations;

d.

Card rooms;

e.

Locksmiths;

f.

Pawn shops; and

g.

Taxicabs.

If an applicant is charged with a felony, the city may delay issuance of a business license tax certificate or temporarily suspend a business license tax certificate pending ultimate determination of the charge.

The tax collector, however, may disregard such conviction or charge if it is found and determined by such licensing authority that mitigating circumstances exist. In making such determination, the tax collector shall consider the following factors:

a.

The type of business license tax certificate or permit for which the person is applying;

b.

The nature and seriousness of the offense;

c.

The circumstances surrounding the conviction;

d.

The length of time elapsed since the conviction;

e.

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

f.

The presence or absence of rehabilitation or efforts at rehabilitation; and

g.

Contributing social or environmental conditions.

The tax collector shall give notice of disqualification to an applicant disqualified under this provision. Such notice shall be in writing and delivered personally or mailed to the applicant at the address shown on the application.

Any licensee whose business license tax certificate is revoked forfeits any and all moneys paid for the business license tax certificate. No business shall be conducted or operated in any manner during any period of certificate revocation or suspension.

The service of the notice of revocation shall be accomplished by a letter on city letterhead mailed postage prepaid to such licensee, manager or agent of the licensee at the address appearing upon the business license tax certificate application.

A public hearing shall be held by the tax collector on the question of a business license tax certificate revocation or suspension. Each such hearing shall be open to the public and may be continued from time to time. At such hearing, all persons interested shall be given an opportunity to be heard. All public hearings under this chapter shall be heard before the tax collector who shall hear all facts and testimony they deem pertinent. Said facts and testimony may include testimony relating to revocation or suspension of this business license tax certificate. The tax collector shall not be limited by the technical rules of evidence.

At the conclusion of the hearing, the tax collector may take such action as deemed appropriate under the circumstances to carry out the purpose of this chapter. The tax collector may delay the time for suspension or revocation of a business license tax certificate if the circumstances so justify. The tax collector may find that the facts do or do not support a revocation or suspension of a business license tax certificate and may order that a business license tax certificate be suspended or revoked if the facts justify such a determination.

Appeal to City Manager. Any person aggrieved by any decision of the tax collector with respect to the suspension or revocation of such business license tax certificate may appeal to the city manager by filing a notice of appeal with the city clerk within fifteen days of the serving or mailing of the determination of the business license tax certificate suspension or revocation. The city manager shall thereupon fix a time and place for hearing such appeal, and the city clerk shall give notice in writing to such operator at his last known place of address. The city clerk shall give notice to such person of the time and place of hearing by serving it personally or by depositing it in the United States Post Office at El Paso de Robles, California, postage prepaid, addressed to such person at his last known address. The city manager shall have authority to determine all questions raised on such appeal. No such determination shall conflict with any substantive provision of this chapter. The determination of the city manager shall be served upon the appellant in the manner prescribed above for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon mailing the decision, unless appealed to the city council pursuant to this section.

Appeal to City Council. Any person aggrieved by any decision of the city manager with respect to suspension or revocation of a business license tax certificate may appeal the decision of the city manager to the city council by filing a written notice of appeal with the city clerk within fifteen days after the decision of the city manager and paying a fee in an amount as established by the city council from time to time. The city council shall fix a time and place for hearing such appeal and the city clerk shall give written notice of the time and place thereof in accordance with the requirements provided for the original hearing. The city council may affirm, modify, or reverse the decision of the city manager or take other action deemed appropriate. The decision of the city council shall be final and conclusive.

Pursuant to Section 11105 of the Penal Code of the State of California, the following officers of the city are hereby authorized to have access to and to utilize State Summary Criminal History Information when it is needed to assist them in fulfilling licensing duties as set forth in this chapter:

a.

City councilmembers;

b.

City manager;

c.

City attorney;

d.

Administrative services director; and

e.

Chief of police.

(Ord. No. 1079 N.S., § 3, 6-18-2019)