Sacramento County Municipal Code Art. 2 Denial and Revocation

The Tax and License Collector may deny an application or renewal application of a General Business License if written findings described by Section 4.06.085, subsections (A), (B), (C), or (D), or Section 4.06.110, subsection (A), (B), or (C), as applicable are made or the applicant fails to provide the information as required by Section 4.06.085 or 4.06.105, as applicable.

(SCC 578 § 3, 1983; SCC 1105 § 5, 1998; SCC 1267 § 28, 2004; SCC 1595 § 19, 2016)

A denial of an application or renewal application for a General Business License by the Tax and License Collector shall be in writing, with the reasons stated therefor as indicated in the findings required by Section 4.06.085 or 4.06.110 of this chapter, as applicable. Written notice of the denial, together with a copy of the provisions of this chapter, shall be served upon the applicant or licensee and upon the owner of the property on which the enterprise is located, if applicable, pursuant to the provisions of Section 4.02.090.

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 Section 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 Section 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 but may be appealed pursuant to Section 4.06.210.

(SCC 578 § 3, 1983; SCC 1267 § 29, 2004; SCC 1595 § 19, 2016)

The denial of an application or renewal application for a General Business License may be set aside by the Tax and License Collector if the applicant has filed with the Tax and License Collector 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 Section 4.06.060 or to correct disturbances or safety hazards described in Section 4.06.090 subsection (B)(1), which were cited by the Tax and License Collector or Planning Director, as reasons for denial in the notice of denial required by Section 4.06.205. Such written request for extension shall be filed with the Tax and License Collector not later than 15 days after the date of service by the Tax and License Collector of the notice prescribed in Section 4.06.205. The Tax and License Collector 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 agree corrections to be made shall be served on the applicant or licensee by the Tax and License Collector. If there is no agreement on a period of time for extension, there shall be no extension, except that a timely filed written request for extension shall toll the deadline for filing an appeal of the denial pursuant to Section 4.06.210 until 15 days from service of written notice of denial of the extension by the Tax and License Collector.

If the period of extension elapses without correction of the deficiencies for which the extension was granted, the Tax and License Collector shall deny the application pursuant to the procedure set forth in Section 4.06.205 of this chapter and Title. If the deficiencies for which the extension was granted are corrected, the Tax and License Collector may issue the General Business License.

(SCC 0804 § 17, 1990; SCC 1267 § 30, 2004; SCC 1595 § 19, 2016)

Any General Business License issued pursuant to this chapter may be suspended for not longer than one year during its term one of the following grounds exists:

A. The Tax and License Collector or the Planning Director finds in writing that conditions applied to the General Business License pursuant to sections 4.06.090 through 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. The Planning Director finds in writing 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. The Tax and License Collector or the Planning Director finds in writing that the Special Business License, required to conduct business activity, as set forth in Section 4.10.005, has been revoked or suspended, pursuant to Section 4.10.145 or denied pursuant to Section 4.10.110.

(SCC 1267 § 31, 2004; SCC 1595 § 19, 2016)

With respect to any enterprise required by the provisions of Chapter 4.06 of this title 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.

(SCC 1267 § 32, 2004)

A. Based on findings as required by Section 4.06.207, the Tax and License Collector 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 Tax and License Collector, upon the holder of the License and upon the owner of the property on which the enterprise is located, if applicable, pursuant to the provisions of Section 4.02.090. Except as provided in subsection (B) herein, 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 Section 4.06.210. If such and administrative appeal is filed, the suspension shall not become final until the administrative appeal is final as determined in Section 4.06.210 or 4.06.225, as applicable, or upon settlement or dismissal of the administrative appeal, as applicable.

B. Notwithstanding subsection (A) above, a General Business License may be temporarily suspended pending expiration of the time for appeal or commencement of the appeal hearing pursuant to Section 4.06.215 for the suspension or revocation of the license, if the County finds in writing 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 the exercise of the license. In the event the County orders a temporary suspension, the notice of suspension or revocation shall be delivered to the business address of the enterprise or the residential address of the licensee, served upon the licensee, and shall contain the following:

1. The finding justifying the temporary suspension;

2. The time, date, and place at which the licensee may appear in advance of the commencement of the temporary suspension for the purpose of responding to the County 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.

The notice of suspension or revocation shall also be served on the owner of the property on which the enterprise is located, if applicable, pursuant to the provisions of Section 4.02.090.

C. In the event of a temporary suspension as authorized herein, the suspension shall last in duration until commencement of an appeal hearing as described in Section 4.06.215 of this chapter. At said hearing, the Hearing Officer may, at the request of the license holder, address the appropriateness of continuing the temporary suspension. The Hearing Officer may lift the temporary suspension pending the conclusion of administrative proceedings or the issuance of the written decision, or the Hearing Officer may continue the temporary suspension pending the conclusion of the administrative proceedings or the issuance of the written decision.

D. In no event shall a temporary suspension of a General Business License ordered pursuant to Section 4.06.209 be of a duration greater than 30 days, unless within that period, the County issues written findings and notice of denial, suspension or revocation as required by Section 4.06.200, 4.06.207, 4.06.209, 4.06.230, or 4.06.235, as applicable. Upon the issuance of said written findings, the duration of the temporary suspension shall be extended until the commencement of administrative proceedings as described in subsection (C) of this section.

(SCC 1267 § 33, 2004; SCC 1595 § 20, 2016)

A. The holder of a General Business License or applicant therefor may file an administrative appeal from the following:

1. The denial of an initial application or renewal application of a General Business License pursuant to the provisions of Section 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 Section 4.06.095;

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 Section 4.02.075 or 4.02.076;

4. The suspension of a General Business License pursuant to the provisions of Section 4.06.209; or

5. The revocation of a General Business License pursuant to the provisions of Section 4.06.235.

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 Tax and License Collector not later than 15 days after the date of service by the Tax and License Collector of the notices prescribed by Section 4.02.075, 4.02.076, 4.06.095, 4.06.205, 4.06.209, or 4.06.235, 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 or licensee files an administrative appeal from the denial of a renewal application, termination, the imposition of conditions, suspension, or revocation, the immediately preceding General Business License shall continue in full force and effect until the administrative appeal is final as determined by Section 4.06.220 or 4.06.225, as applicable, or upon settlement or dismissal of the administrative appeal, as applicable, except when a temporary suspension of the license has been imposed, pursuant to Section 4.06.209(B).

(SCC 578 § 3, 1983; SCC 0804 § 18, 1990; SCC 1267 § 34, 2004; SCC 1595 § 20, 2016)

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 Section 130-157.5 of the Sacramento County Zoning Code, the applicant may either appeal such denial or imposition of conditions pursuant to Section 4.06.210 hereof 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 Section 4.06.210, the denial shall be effective as of the date of service of written notice of the denial, as specified in Section 4.06.205 hereof, 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.

(SCC 1123 § 1, 1999; SCC 1124 § 1, 1999)

Not later than 30 days following the date of filing an appeal within the time and in the manner prescribed by Section 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 County. 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 appellant or the County, 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 Tax and License Collector not later than 15 days following the date on which the hearing is closed. The Tax and License Collector 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 Section 4.06.090 or 4.06.091, the County must demonstrate by substantial evidence the necessity of the conditions and, if the imposition of such conditions is upheld, the Hearing Authority shall provide in its decision findings regarding specific evidence within the record supporting the Hearing Authority's determination.

(SCC 578 § 3, 1983; SCC 0804 § 19, 1990; SCC 0951 § 3, 1994; SCC 1105 § 6, 1998; SCC 1267 § 35, 2004; SCC 1595 § 20, 2016)

With respect to an administrative appeal from either the denial of a new application for a General Business License pursuant to Section 4.06.200 or termination as a result in change in ownership or change in function pursuant to Section 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 Tax and License Collector 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 Section 4.06.200, the imposition of conditions upon a License pursuant to Section 4.06.095, the suspension of the License pursuant to Section 4.06.209, or the revocation of the License pursuant to Section 4.06.235, the decision by the Hearing Authority shall become final 15 days following the filing of the decision with the Tax and License Collector and service thereof on the applicant or licensee unless review of the decision by the Board of Supervisors is requested by the applicant or licensee. Such review may be requested by filing with the Clerk of the Board of Supervisors 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 timely and proper request for review before the Board of Supervisors of a denial of an application for renewal of a General Business License, the imposition of conditions upon the License, the suspension of the License or the revocation of the License, 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 Board of Supervisors, except when a temporary suspension of the license has been imposed, pursuant to Section 4.06.209(B).

(SCC 578 § 3, 1983; SCC 0804 § 20, 1990; SCC 1267 § 36, 2004; SCC 1595 § 20, 2016)

Upon receipt by the Clerk of the Board of Supervisors of the request for review, a hearing shall be scheduled before the Board of Supervisors within 30 days of the filing the request for review with the Clerk of the Board of Supervisors. Written notice of the time, date and place of the Board hearing shall be served on the Tax and License Collector and the applicant or licensee not later than 10 days preceding the date of the Board hearing. The Board of Supervisors 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 Board of Supervisors shall be authorized to order the issuance, renewal or continuance of a license upon such terms and conditions as in the discretion of the Board of Supervisors are deemed to be necessary and appropriate pursuant to the provisions of this chapter.

The Board of Supervisors shall render a written decision and shall file the same with the Clerk of the Board of Supervisors with 10 days following the date on which the hearing is closed with a copy thereof forwarded to the Tax and License Collector. Within five days of filing the decision, the Clerk of the Board of Supervisors shall serve the Licensee with a notice of decision and a copy thereof as provided in Section 4.02.090. The decision of the Board of Supervisors shall become final upon its filing with the Clerk of the Board of Supervisors and service upon the applicant or licensee.

The decision by the Board of Supervisors 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.

(SCC 578 § 3, 1983; SCC 1105 § 7, 1998; SCC 1123 § 2, 1999; SCC 1124 § 2, 1999; SCC 1267 § 37, 2004; SCC 1608 § 1, 2017)

A General Business License issued pursuant to this chapter may be revoked during its term by the Tax and License Collector when one or more of the following findings are made in writing:

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 Section 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. The Tax and License Collector or the Planning Director finds that the holder of the License has violated one or more conditions imposed pursuant to Sections 4.06.090 or 4.06.091 and 4.06.095 of this chapter upon which the License has been issued, and the findings specify the particular condition or conditions violated.

C. The Tax and License Collector or the Planning Director finds that the holder of the General Business License has failed in the License application or renewal application to provide information that is required by Section 4.06.075 or 4.06.105, as applicable, and such information is necessary to a determination respecting compliance with the laws described by Section 4.06.060.

D. With respect to an enterprise required by Section 4.10.005 to possess a Special Business License in order to conduct an activity described by that section, the Tax and License Collector or the Planning Director finds that the Special Business License has not been issued or has been revoked, pursuant to Section 4.10.145 or denied, pursuant to Section 4.10.110.

E. That the enterprise is that of contractor as defined in Division 3, Chapter 9, Article 2, Section 7026, et seq., of the Business and Professions Code, and the Tax and License Collector 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, un-revoked license issued by the State of California, Contractors' State License Board, or that the Licensee fails to provide sufficient proof, as determined by the Tax and License Collector, that such Contractor's License is valid, unexpired, unsuspended and un-revoked.

F. The Tax and License Collector, the Sheriff, or the Planning Director finds that the owner of a massage enterprise or any person providing massage services on the premises or on behalf of the enterprise has committed an act that constitutes a violation under Division 2, Chapter 10.5, of the Business and Professions Code.

(SCC 578 § 3, 1983; SCC 1105 § 8, 1998; SCC 1267 § 38, 2004; SCC 1562 § 1, 2014; SCC 1595 § 21, 2016)

Based on findings as required by Section 4.06.230, the Tax and License Collector 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 Tax and License Collector upon the holder of the License and upon the owner of the property on which the enterprise is located, if applicable, pursuant to the provisions of Section 4.02.090. 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 Section 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 Section 4.06.220 or 4.06.225, or upon settlement or dismissal of the administrative appeal, as applicable.

(SCC 578 § 3, 1983; SCC 1267 § 39, 2004; SCC 1595 § 22, 2016)

With respect to any enterprise required by the provisions of Chapter 4.10 of this title 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.

With respect to any massage enterprise, if revocation of the General Business License is due to the massage enterprise not having either a valid, unexpired Massage Enterprise Special Business License or a valid, unexpired certification from the California Massage Therapy Council and the revocation of the General Business License has become final in accordance with Sections 4.06.220 and 4.06.225 no General Business License shall be issued to a massage enterprise at the address of the same fixed location for a period of two years from the date the revocation became final. If revocation of a subsequent General Business License at the address of the same fixed location occurs within three years of the prior revocation and is due to the massage enterprise not having either a valid, unexpired Massage Enterprise Special Business License or a valid, unexpired certification from the California Massage Therapy Council and the revocation of the subsequent General Business License has become final as provided herein, no General Business License shall be issued to a massage enterprise for any address on the same parcel for a period of three years from the date the subsequent revocation became final.

(SCC 578 § 3, 1983; SCC 1267 § 41, 2004; SCC 1562 § 2, 2014; SCC 1595 § 24, 2016)

Any administrative remedy, including an administrative appeal procedure, applicable to the interpretation, administration or enforcement of those ordinances and other laws prescribed by Section 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 Sacramento County Zoning Code, wherein the Licensee seeks judicial review pursuant to Section 4.06.212 of this chapter. The failure to exhaust such a remedy shall constitute grounds for denial of an appeal under this Article. The Hearing Authority and Board of Supervisors 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.

(SCC 578 § 3, 1983; SCC 1267 § 42, 2004)

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 Board of Supervisors pursuant to Section 4.06.225 hereof upon such determination becoming final.

(SCC 1123 § 3, 1999; SCC 1124 § 3, 1999; SCC 1267 § 43, 2004)