Pomona Municipal Code § 50-384 Suspension without notice for businesses which may involve free speech

Any license issued to any person to carry on any business not involving free speech which is not covered in section 50-382 may be revoked or suspended in the manner provided in this division. This class of business license shall be revoked or suspended by the hearing officer if he finds that the licensee or his employee, agent or manager has:

(1) Knowingly made any false, misleading or fraudulent statement of a material fact in an application for a license or in any report or record required to be filed with the business license division;

(2) Violated any statute or any other ordinance arising from any act performed in the exercise of any rights granted by the license, the revocation of which is under consideration;

(3) Been convicted of a felony or any crime involving theft, embezzlement or moral turpitude;

(4) Committed any act constituting dishonesty or fraud;

(5) A bad moral character, intemperate habits, or a bad reputation for truth, honesty or integrity;

(6) Committed any unlawful, false, fraudulent deception or dangerous act while conducting a licensed business;

(7) Published, uttered or disseminated any false, deceptive or misleading statements or advertisement in connection with the operation of a licensed business;

(8) Violated any rule or regulation adopted by any governmental agency relating to the licensee's business;

(9) Conducted the business contrary to the provisions of the zoning ordinance; or

(10) Conducted the business in a manner which is materially detrimental to public health, morals, safety, or general welfare.

(Code 1959, § 14-22.10; Ord. No. 3031, § 2; Ord. No. 3065, § 1; Ord. No. 3357, § 9; Ord. No. 3893, § 15)

Any license issued to any person to carry on the business of a bookstore, an exhibition, a traveling show, a motion picture theater, adult entertainment, a music venue, a sound or advertising vehicle, a modeling studio, a picture arcade, or an outdoor festival under this article may be revoked or suspended in the manner provided in this division. This class of business license shall be revoked or suspended by the hearing officer if he finds that:

(1) The building, structure, equipment or location of such business does not comply with or fails to meet all health, zoning, fire and safety requirements or standards of all laws of the state, this Code or city ordinances applicable to such business operation.

(2) The licensee or his employee, agent or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application of a license or in any report or record required to be filed with the business license division.

(3) The licensee or his employee, agent or manager has been convicted in a court of competent jurisdiction of:

a. Any violation of any statute, any section of this code or any other ordinance arising from any act performed in the exercise of any rights granted by the license, the revocation of which is under consideration; or

b. Any offense involving the maintenance of a nuisance caused by any act performed in the exercise of any rights granted by the license, revocation of which is under consideration.

(4) The licensee has commenced or is conducting the business contrary to the provisions of the zoning ordinance.

(Code 1959, § 14-22.10.1; Ord. No. 3893, § 16)

(a) The chief of police, fire chief, business license division, director of public works, or county health officer may suspend any license without previous notice and, pending a hearing, when it appears to such officers that the immediate suspension of any license is necessary for the public health, morals, safety or general welfare.

(b) At the time of the suspension of the license, the licensee shall be served with a written statement containing the reasons for such suspension and giving notice of the time and place for hearing thereon before the hearing officer appointed by the city manager as determined by the business license division.

(c) The hearing of the charges upon which the suspension was based shall be held not later than 48 hours after such suspension unless an extension of time therefor is requested by the licensee, in which event the hearing will be held not later than 15 days after suspension.

(Code 1959, § 14-22.11; Ord. No. 3031, § 2; Ord. No. 3357, § 16; Ord. No. 3893, § 17)

(a) The chief of police, fire chief, business license division, director of public works, or county health officer may suspend any license without previous notice and, pending a hearing, when it appears to such officers that the immediate suspension of any license is necessary for the public health, morals, safety or general welfare due to a finding under section 50-347(1).

(b) At the time of the suspension of the license, the licensee shall be served with a written statement containing the reasons for such suspension and giving notice of the time and place for a hearing thereon before the hearing officer appointed by the city manager as determined by the business license division.

(c) The hearing of the charges upon which the suspension was based shall be held not later than 48 hours after such suspension unless an extension of time therefor is requested by the licensee, in which event the hearing will be held not later than 15 days after suspension.

(Code 1959, § 14-22.11.1; Ord. No. 3893, § 18)

The city treasurer shall, upon written charges filed by any officer or department head of the city, give notice to any licensee to appear before a hearing officer appointed by the city manager at a time and place set for such hearing by the city treasurer to show cause why the license issued to such licensee should not be revoked or suspended. Such notice shall state the grounds for the complaint or reasons for the proposed revocation or suspension and shall be served upon the licensee not less than five days prior to the date set for such hearing.

(Code 1959, § 14-22.12; Ord. No. 3031, § 2; Ord. No. 3357, § 16)

(a) Hearing officer. The hearing officer shall hold a hearing of the suspension or revocation of a license at the time set therefor. The licensee may appear personally or by counsel. The hearing officer may continue the hearing from time to time; provided, however, that the hearing held pursuant to section 50-383 or 50-384 may be continued only with the consent of the licensee. At the conclusion thereof, the hearing officer may revoke, suspend or reinstate any such license upon such terms and conditions as in the exercise of reasonable discretion he shall determine. Such decision shall also contain a brief summary of the evidence considered, shall state the hearing officer's findings and shall set forth that the decision is subject to Code of Civil Procedure § 1094.6. The decision of the hearing officer shall be final.

(b) Conduct of hearing. The hearing shall be conducted in accordance with the following:

(1) Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses.

(2) Oral evidence. Oral evidence shall be taken only on oath or affirmation.

(3) Hearsay evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding, unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state.

(4) Admissibility of evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts in this state.

(5) Exclusion of evidence. Irrelevant and unduly repetitious evidence shall be excluded.

(6) Rights of parties. Each party shall have the right, among others, to:

a. Call and examine witnesses on any matter relevant to the issues of the hearing.

b. Introduce documentary and physical evidence.

c. Question opposing witnesses on any matter relevant to the issues of the hearing.

(Code 1959, § 14-22.13; Ord. No. 3031, § 2; Ord. No. 3893, § 19)

Any notice required to be given by this article shall be deemed sufficient if given by personal delivery to the licensee, to any employee of such licensee at his place of business mentioned in the license if such licensee is absent from such place of business, or if sent by certified mail, postage prepaid, to the licensee at the address shown on the license or in other public records pertaining to the matter to which the notice is directed. Service by mail shall be deemed to have been completed 24 hours following the time of the deposit in the post office.

(Code 1959, § 14-22.14; Ord. No. 3031, § 2)

After a license has been revoked or suspended, no license shall be issued by the business license division to any licensee to carry on any business or do any act for which such a license was granted until an order to the contrary shall have been issued by the hearing officer.

(Code 1959, § 14-22.15; Ord. No. 3031, § 2; Ord. No. 3357, § 16; Ord. No. 3893, § 20)

No person whose license has been revoked or suspended pursuant to this article shall carry on any business or do any act permitted to be done pursuant to such license during the period of suspension or after revocation thereof until the license is reinstated or a new license shall have been granted.

(Code 1959, § 14-22.16; Ord. No. 3031, § 2)