Rancho Cordova Municipal Code § 4.06.200 Grounds for denial

The finance director may deny an application or renewal application of a general business license if written findings described by RCMC § 4.06.085(A), (B), (C) or (D), or RCMC § 4.06.110(A), (B) or (C), as applicable, are made or the applicant fails to provide the information as required by RCMC § 4.06.085 or § 4.06.105, as applicable.

(Ord. 45-2004 § 3)

A denial of an application or renewal application for a general business license by the finance director shall be in writing, with the reasons stated therefor as indicated in the findings required by RCMC § 4.06.085 or § 4.06.110, as applicable. Written notice of the denial, together with a copy of the provisions of this chapter, shall be served upon the applicant pursuant to the provisions of RCMC § 4.02.090.

Denial of an application or renewal application for a general business license shall relate solely to the location at which the enterprise is proposed, and shall not affect the conduct of such enterprise at another location within the city.

With respect to denial of a renewal application or termination pursuant to RCMC § 4.02.075, the immediately preceding general business license shall be deemed to be in full force and effect for a period of 15 days following the date of service upon the applicant of the notice of denial or of termination. In the event the applicant files an administrative appeal from the denial of the renewal application or termination in the manner and within the time prescribed by RCMC § 4.06.210, the immediately preceding general business license shall continue in full force and effect until the administrative appeal is final as determined by RCMC § 4.06.220 or § 4.06.225, as applicable, or upon settlement or dismissal of the administrative appeal, as applicable.

With respect to the denial of a new application for a general business license, the denial shall be effective 15 days following the date of service of the notice of denial on the applicant as required by this section.

(Ord. 45-2004 § 3)

The denial of an application or renewal application for a general business license may be set aside by the finance director if the applicant has filed with the finance director a timely written request for extension of time on grounds that additional time is required to prepare and present plans or other information, obtain zoning variances or other permits, remodel the premises or make other corrections for the purpose of remedying violations of the laws described by RCMC § 4.06.060 or to correct disturbances or safety hazards described in RCMC § 4.06.090(B)(1) which were cited by the finance director or planning director as reasons for denial in the notice of denial required by RCMC § 4.06.205. Such written request for extension shall be filed with the finance director not later than 15 days after the date of service by the finance director of the notice prescribed in RCMC § 4.06.205. The finance director and the applicant or licensee may agree upon a reasonable period of time for the extension within which the licensee or applicant agrees to correct the deficiencies indicated in the notice of denial. A written notice of the agreed period for extension specifying the agreed corrections to be made shall be served on the applicant or licensee by the finance director. If there is no agreement on a period of time for extension, there shall be no such extension.

If the period of extension elapses without correction of the deficiencies for which the extension was granted, the finance director shall deny the application pursuant to the procedure set forth in RCMC § 4.06.205. If the deficiencies for which the extension was granted are corrected, the finance director may issue the general business license.

(Ord. 45-2004 § 3)

Any general business license issued pursuant to this chapter may be suspended for not longer than one year during its term if the planning director finds in writing that one of the following grounds exists:

A. That conditions applied to the general business license pursuant to RCMC § 4.06.090 and § 4.06.091 have been violated, and that the violations are likely to continue, based on the prior history of the business and compliance with the existing conditions.

B. That the business cannot, during the time of the proposed suspension, be operated in a manner that does not cause nuisance by disturbing the peace and quiet of neighborhoods, occupants of adjacent property, or endanger or create disturbances for patrons of the business.

C. That the special business license, required to conduct business activity, as in RCMC § 4.10.005, has been revoked or suspended pursuant to RCMC § 4.10.145 or denied pursuant to RCMC § 4.10.110.

(Ord. 45-2004 § 3)

With respect to any enterprise required by the provisions of this chapter to possess a general business license, suspension of the general business license shall terminate only the privilege of doing business at the location to which the license relates for the duration of the suspension. The suspension of a general business license shall remain in effect until the cause for suspension is corrected or cured, or until expiration of the stated period of suspension.

(Ord. 45-2004 § 3)

Upon receipt of findings as required by RCMC § 4.06.207, the finance director may issue written notice of suspension, stating the reasons therefor as indicated in such findings. The notice, together with a copy of the provisions of this chapter, shall be served by the finance director upon the holder of the license. The suspension shall become effective 15 days after the date of service, unless the holder of the license files an administrative appeal within the time and in accordance with the provisions of RCMC § 4.06.240. If such an administrative appeal is filed, the suspension shall not become final until the administrative appeal is final as determined in RCMC § 4.06.220 or § 4.06.225, as applicable, or upon settlement or dismissal of the administrative appeal, as applicable.

(Ord. 45-2004 § 3)

A. The holder of a general business license or applicant thereof may file an administrative appeal from the following:

1. The denial of an application for or application for renewal of a general business license pursuant to the provisions of RCMC § 4.06.200;

2. The imposition of conditions at the time of issuance of an initial or renewed general business license or during the term thereof, pursuant to the provisions of RCMC § 4.06.095; or

3. The termination of a general business license as a result of a change in ownership or a business function pursuant to the provisions of RCMC § 4.02.075 or § 4.02.076.

B. Any such administrative appeal provided in subsection (A) of this section shall be in writing, shall state the specific reasons therefor and grounds asserted for relief, and shall be filed with the finance director not later than 15 days after the date of service by the finance director of the notices prescribed by RCMC § 4.02.075, § 4.02.076, § 4.06.095 or § 4.06.205, as the case may be. If an administrative appeal is not filed within the time or in the manner prescribed above, the right to review of the action against which complaint is made shall be deemed to have been waived.

C. In the event the applicant files an administrative appeal from the denial of a renewal application, termination, or the imposition of conditions, the immediately preceding general business license shall continue in full force and effect until the administrative appeal is final as determined by RCMC § 4.06.220 or § 4.06.225, as applicable, or upon settlement or dismissal of the administrative appeal, as applicable.

(Ord. 45-2004 § 3)

Upon the denial of an initial application for a general business license to conduct a sexually oriented business, or upon the imposition of conditions at the time of issuance of an initial business license for a sexually oriented business, as defined in the Rancho Cordova zoning code, the applicant may either appeal such denial or imposition of conditions pursuant to RCMC § 4.06.210 or seek immediate judicial review of such decision in any court of competent jurisdiction as provided by law. In the event that the applicant elects to seek judicial review of the denial or imposition of conditions in lieu of filing an administrative appeal pursuant to RCMC § 4.06.210, the denial shall be effective as of the date of service of written notice of the denial, as specified in RCMC § 4.06.205, and the applicant shall not be required to exhaust otherwise available administrative remedies so long as the request for judicial review is filed within the time period prescribed herein for filing an administrative appeal.

(Ord. 45-2004 § 3; Ord. 38-2007 § 1 (Exh. 1(C)))

Not later than 30 days following the date of filing an appeal within the time and in the manner prescribed by RCMC § 4.06.210, the hearing authority shall conduct a hearing for the purpose of determining whether the appeal should be granted. Written notice of the time, date and place of the hearing shall be served upon the appellant not later than 10 days preceding the date of the hearing.

During the hearing, the burden of proof shall rest with the finance director. The provisions of the California Administration Procedure Act (commencing at Section 11500 of the Government Code) shall not be applicable to such hearings; nor shall formal rules of evidence in civil or criminal judicial proceedings be so applicable. The hearing authority shall have the power to issue subpoenas in order to require the production of documents and persons, or both, at the hearing when relevant to the issues on appeal at the request of the applicant, finance director, chief of police or planning director, as applicable. At the conclusion of the hearing, the hearing authority shall prepare a written decision, which either grants or denies the appeal, and contains findings of fact and conclusions of law. The written decision, including a copy thereof, shall be filed with the finance director not later than 15 days following the date on which the hearing is closed. The finance director shall within five days of the filing of such decision serve the applicant or licensee with notice of the written decision including a copy of such decision.

In a case of an appeal from the imposition of conditions authorized by RCMC § 4.06.090 or § 4.06.091, the finance director must demonstrate by substantial evidence the necessity of the conditions and, if the imposition of such conditions is upheld, the hearing authority shall specifically provide in its decision findings regarding specific evidence within the record supporting the hearing authority's determination.

(Ord. 45-2004 § 3)

With respect to an administrative appeal from either the denial of a new application for a general business license pursuant to RCMC § 4.06.200 or termination as a result of change in ownership or change in function pursuant to RCMC § 4.02.075 or § 4.02.076, the decision by the hearing authority shall become final upon the date of filing of the decision with the finance director and service thereof on the applicant or licensee.

With respect to an administrative appeal from a denial of a renewal application of a general business license pursuant to RCMC § 4.06.200 or from the imposition of conditions upon a license pursuant to RCMC § 4.06.095, the decision by the hearing authority shall become final 15 days following the filing of the decision with the finance director and service thereof on the applicant or licensee unless review of the decision by the city council is requested by the licensee. Such review may be requested by filing with the clerk of the city council a written request for review not later than 15 calendar days following the date of filing and service of the hearing authority's decision. The request for review shall state in detail the reasons therefor and error alleged in the hearing authority's decision, and shall have attached thereto a copy of the decision. In the event of a request for review before the city council of a denial of an application for renewal of a general business license, or the imposition of conditions in the manner and within the time prescribed by this section, the immediately preceding general business license shall continue in full force and effect during the pendency of the review, until the date of final decision by the city council.

(Ord. 45-2004 § 3)

Upon receipt by the clerk of the city council of the request for review, a hearing shall be scheduled before the city council within 30 days of the filing the request for review with the clerk of the city council. Written notice of the time, date and place of the review shall be served on the applicant or licensee not later than 10 days preceding the date of the review by the finance director. The city council shall be authorized to deny the introduction of evidence and decide the matter after oral argument presented during the hearing, or to admit supplementary evidence with respect to challenges or particular findings, or reject the findings and conclusions and conduct a de novo hearing. Pursuant to the granting of an appeal, the city council shall be authorized to order the issuance, renewal or continuance of a license upon such terms and conditions as in the discretion of the city council are deemed to be necessary and appropriate pursuant to the provisions of this chapter.

The city council shall render a written decision and shall file the same with the clerk of the city council within 10 days following the date on which the hearing is closed with a copy thereof forwarded to the finance director. Within five days of filing the decision, the clerk of the city council shall serve the licensee with a notice of decision and a copy thereof as provided in RCMC § 4.06.090. The decision of the city council shall become final upon its filing with the clerk of the city council and service upon the applicant or licensee.

The decision by the city council granting or denying the appeal shall be accompanied by findings of fact and conclusions, which may consist of an adoption by reference of those by the hearing authority.

(Ord. 45-2004 § 3)

A general business license issued pursuant to this chapter may be revoked during its term by the finance director when one or more of the following findings are made in writing by the planning director to the finance director:

A. The planning director finds in writing that the enterprise is operated or maintained in a manner or is located on grounds, or within a building or buildings, which violates or is in violation of any of the laws described by RCMC § 4.06.060, and by operation of such laws the termination of the enterprise is required. The findings shall specify the specific provision or provisions of law violated;

B. That the holder of the license has violated one or more conditions imposed pursuant to RCMC § 4.06.090 or § 4.06.091 and § 4.06.095 upon which the license has been issued, and the findings specify the particular condition or conditions violated;

C. That the holder of the general business license has failed in the license application or renewal application to provide information that is required by RCMC § 4.06.075 or § 4.06.105, as applicable, and such information is necessary to a determination respecting compliance with the laws described by RCMC § 4.06.060;

D. With respect to an enterprise required by RCMC § 4.10.005 to possess a special business license in order to conduct an activity described by that section, that the special business license has not been issued or has been revoked, pursuant to RCMC § 4.10.145, or denied, pursuant to RCMC § 4.10.110;

E. That the enterprise is that of a contractor as defined in Division 3, Chapter 9, Article 2, Section 7026 et seq. of the Business and Professions Code, and the finance director finds that the licensee is not licensed by the State of California Contractors State License Board to engage in the business as a contractor with a valid, unexpired, unsuspended, unrevoked license issued by the State of California Contractors State License Board, or that the licensee fails to provide sufficient proof, as determined by the finance director, that such contractor's license is valid, unexpired, unsuspended and unrevoked.

(Ord. 45-2004 § 3)

Upon receipt of findings as required by RCMC § 4.06.230, the finance director may issue a written notice of revocation, stating the reasons therefor as indicated in such findings. The notice, together with a copy of the provisions of this chapter, shall be served by the finance director upon the holder of the license. The revocation shall become effective 15 days after the date of service, unless the holder of the license files an administrative appeal within the time and in accordance with the provisions of RCMC § 4.06.240. If such an administrative appeal is filed, the revocation shall not become effective until the administrative appeal is final as determined in RCMC § 4.06.220 or § 4.06.225, as applicable, or upon settlement or dismissal of the administrative appeal, as applicable.

(Ord. 45-2004 § 3)

A. Within 15 days following the date on which the notice of revocation or suspension is served, the holder of the license may file a written administrative appeal at the office of the finance director, stating the reasons therefor. If such an administrative appeal is not filed within the time and in the manner prescribed above, the right to review of the revocation or suspension shall be deemed to have been waived.

B. A hearing on such administrative appeal shall be conducted by the hearing authority within 30 days of the filing of the administrative appeal with the finance director. Notice of the time, date and place of the hearing shall be served upon the appellant not later than 10 days before the commencement thereof. The burden of proof shall rest upon the finance director. Except as provided herein to the contrary, the hearing shall be scheduled and conducted in the manner and a decision shall be issued and served as prescribed by RCMC § 4.06.215. The decision shall become final as prescribed, and be subject to review by the city council at the request of the appellant, pursuant to the procedure for finality and review prescribed by RCMC § 4.06.220(B).

C. Any review by the city council shall be scheduled, conducted in the manner, determined, and have the effect and finality prescribed by RCMC § 4.06.225. A hearing shall be held promptly but not later than 30 days from the date of filing of a request for review with the clerk of the city council.

(Ord. 45-2004 § 3)

With respect to any enterprise required by the provisions of Chapter 4.10 RCMC to possess a special business license, revocation of the special business license shall automatically and without notice also revoke each general business license issued for the same business activity or enterprise at each location at which the enterprise is located. The general business license shall remain in effect for other activities or enterprises conducted at the location that require a general business license and for which the general business license has not been revoked or suspended.

With the foregoing exception, revocation of a general business license shall terminate only the privilege of doing business at the location to which the license relates.

(Ord. 45-2004 § 3)

Any administrative remedy, including an administrative appeal procedure, applicable to the interpretation, administration or enforcement of those ordinances and other laws prescribed by RCMC § 4.06.060, shall be exhausted, with the exception of the denial of an application for a general business license for a sexually oriented business as defined in Section 130-157.5 of the city of Rancho Cordova zoning code, wherein the licensee seeks judicial review pursuant to RCMC § 4.06.212. The failure to exhaust such a remedy shall constitute grounds for denial of an appeal under this article. The hearing authority and city council shall be bound in the decision of appeals under this chapter by determination made in exhausting such remedies, and questions decided or which should have been decided pursuant to the exhaustion of such remedies shall not be subject to litigation in appeals under this article.

(Ord. 45-2004 § 3)

An applicant for, or holder of, a general business license may seek judicial review in any court of competent jurisdiction as provided by law of any determination rendered by the city council pursuant to this chapter upon such determination becoming final.

(Ord. 45-2004 § 3)