Rancho Cordova Municipal Code Art. II Denial And Revocation

The chief of police shall deny an initial application for a special business license if written findings described by RCMC § 4.10.040(A), (B), (C) or (D) are made.

The chief of police shall deny an application for renewal of a special business license if written findings described by RCMC § 4.10.060(A), (B) or (C) are made.

(Ord. 45-2004 § 4)

A denial of an initial application or application for renewal of either a special business license or employee permit by the police department shall be in writing, with the reasons stated therefor. Written notice of the denial, together with a copy of the provisions of this chapter and any provisions of Chapters 4.14 through 4.50 RCMC which are applicable to the license or permit, shall be served upon the applicant pursuant to the provisions of RCMC § 4.02.080.

Denial of an initial application or application for renewal of a special business license shall prohibit operation of the enterprise at any location within the city.

With respect to denial of an application for renewal of a special business license or employee permit or termination of a special business license pursuant to RCMC § 4.02.070, the immediately preceding special business license or employee permit 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 termination. In the event the applicant files an appeal from the denial or termination in the manner and within the time prescribed by RCMC § 4.10.115, the immediately preceding special business license or employee permit shall continue in full force and effect during the pendency of the appeal, until the date of final decision by the appellate authority.

(Ord. 45-2004 § 4)

A. The holder of a special business license or employee permit or applicant therefor may file an appeal from the following:

1. The denial of an initial application for or application for renewal of a special business license or employee permit pursuant to the provisions of RCMC § 4.10.100 or § 4.10.105;

2. The imposition of conditions at the time of issuance of an initial or renewed special business license or during the term thereof, pursuant to the provisions of RCMC § 4.10.045; or

3. The termination of a special business license as a result of a change in ownership, pursuant to the provisions of RCMC § 4.02.070.

B. Any such appeal shall be in writing, shall state the specific reasons therefor and grounds asserted for relief, and shall be filed with the police department not later than 15 days after the date of service by the police department of the notices prescribed by RCMC § 4.02.070, § 4.10.045 or § 4.10.110, as the case may be. If an 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.

(Ord. 45-2004 § 4)

Not later than 15 days following the date of filing an appeal within the time and in the manner prescribed by RCMC § 4.10.115, 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 applicant not later than 10 days preceding the date of the hearing.

During the hearing, the burden of proof shall rest with the police department. The provisions of the California Administrative Procedure Act (commencing at Section 11500 of the Government Code) shall not be applicable to such hearing; nor shall formal rules of evidence in civil or criminal judicial proceedings be so 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. Notice of the written decision, including a copy thereof, shall be filed with the police department and served upon the appellant not later than 10 days following the date on which the hearing is closed.

(Ord. 45-2004 § 4)

A decision by the hearing authority pursuant to RCMC § 4.10.120 shall become final 15 days following the filing and service thereof unless review of the decision by the city council is requested either by the police department or appellant. 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.

(Ord. 45-2004 § 4)

Upon receipt by the clerk of the request for review, a hearing shall be scheduled promptly before the city council but no later than 60 calendar days following the date of filing of the notice of appeal. 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. The determination by the city council granting or denying the appeal shall be final, and shall be accompanied by findings of fact and conclusions, which may consist of an adoption by reference of those by the hearing authority. Pursuant to granting an appeal, the city council shall be authorized to order the issuance of a license upon such terms and conditions as in the discretion of the city council are deemed to be necessary and appropriate.

(Ord. 45-2004 § 4)

Any special business license issued pursuant to this chapter may be suspended for not longer than one year or revoked during its term if the police department finds in writing that one or more of the following grounds exist:

A. That finding prescribed by RCMC § 4.10.040(B);

B. That the police department has acquired information supporting a finding prescribed by RCMC § 4.10.040(C) in relation to the holder of the license;

C. That the holder of the license has violated one or more conditions imposed pursuant to RCMC § 4.10.045; or

D. That the holder of the license has violated any term, condition or requirement or prohibition established by this chapter, Chapter 4.02 RCMC, or Chapters 4.14 through 4.58 RCMC which are applicable to the license or the holder, or any administrative regulation promulgated thereunder, or any other applicable law.

(Ord. 45-2004 § 4)

Any employee permit issued pursuant to this chapter may be suspended for not more than one year or revoked during its term if the police department finds in writing the existence of grounds for revocation prescribed by Chapters 4.14 through 4.50 RCMC.

(Ord. 45-2004 § 4)

A. The police department may commence proceedings for the suspension or revocation of a special business license or employee permit by issuing a written notice of suspension or revocation. The notice shall state the reasons for suspension or revocation and shall be served, together with a copy of the provisions of this chapter and any provisions of Chapters 4.14 through 4.50 RCMC which are applicable to the license or permit, upon the holder of the license or permit. Except as provided below, the suspension or revocation shall become effective 15 days after the date of service unless the holder files an appeal within the time and in accordance with the provisions of RCMC § 4.10.150. If such an appeal is filed the suspension or revocation shall not, except as provided below, become effective until a final decision on the appeal is issued.

B. A special business license or employee permit may be temporarily suspended pending expiration of the time for appeal or exhaustion of an appeal pursuant to the commencement of proceeding for the penal suspension or revocation of the license or permit, if the police department finds that such temporary suspension is necessary in order to protect against a serious and immediate threat to the health or safety of the public caused by exercise of the license or permit. In the event the chief of police orders a temporary suspension, the notice of suspension or revocation shall be delivered to each place of business licensed or to which the permit relates, served upon the licensee or permittee, and shall contain the following:

1. The finding justifying the temporary suspension;

2. The time, date and place at which the licensee or permittee may appear in advance of the commencement of the temporary suspension for the purpose of responding to the police department to the charges in the notice; and

3. The time and date on which the temporary suspension commences, which shall not be earlier than 24 hours following the time and date of delivery of the notice.

(Ord. 45-2004 § 4)

Within 15 days following the date on which the notice of suspension or revocation is served, the holder of the special business license or employee permit may file a written appeal at the office of the police department stating the specific reasons therefor and grounds asserted for relief. If such an appeal is not filed within the time and in the manner prescribed above, the right to review of the suspension or revocation shall be deemed to have been waived.

A hearing on such appeal shall be conducted by the hearing authority. 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 chief of police. The hearing shall be conducted in the manner and a decision shall be issued and served as prescribed by RCMC § 4.10.120. The decision shall become final as prescribed and be subject to review by the city council at the instance of either the chief of police or appellant, pursuant to the procedure for review prescribed by RCMC § 4.10.125. Any review by the city council shall be scheduled, conducted in the manner, determined and have the effect prescribed by RCMC § 4.10.130.

(Ord. 45-2004 § 4)

A. The revocation of a special business license or employee permit shall terminate the right of the holder of the license or permit to engage in the enterprise authorized by the license or perform the service authorized by the permit, as the case may be, anywhere within the city for a period of five years following the effective date of revocation. At the conclusion of said period, the former holder may file a written application for issuance of a new license or permit with the clerk of the city council. The city council may, in its sole discretion, grant or deny the application pursuant to such terms and conditions as it may prescribe, and may, in addition to other matters, consider factors relating to the rehabilitation of the applicant in making its determination.

B. The revocation of a special business license or denial of renewal of a special business license for cause shall automatically and without notice also revoke or deny renewal of each special business license issued for the same business at each location where the business is located.

C. The revocation of an employee permit or denial of an employee permit for cause shall automatically and without notice also revoke or deny renewal of each employee permit issued for the same employee at each location where the business is located.

D. Notwithstanding any other provision of this code, the revocation of special business license or employee permit or denial of renewal of a special business license or employee permit of a massage establishment for cause shall prohibit the operation of the same establishment in that same location for a period of five years. The revocation of a special business license or employee permit or denial of renewal of a special business license or employee permit of a massage establishment for cause shall also prohibit a new establishment from using the same name and/or same phone number as the revoked or denied special business license or employee permit for a period of five years.

E. In the event of revocation of a special business license, neither the spouse, child, brother, sister or parent of the holder of the revoked license, nor a person possessing an ownership interest in the enterprise for which the license was revoked or who was an employee thereof, shall be entitled to issuance of a special business license for the enterprise except upon written application filed with the clerk of the city council. Upon the filing of such an application, the city council may, in its sole discretion, grant or deny the application. In the event the application is granted, in addition to any other condition, the license may be issued pursuant to such requirements as the board deems necessary in order to ensure that the person whose conduct constituted the basis for the revocation does not exercise any control or influence over the enterprise or the person to whom the license is issued.

(Ord. 45-2004 § 4; Ord. 15-2022 § 4 (Exh. A))