Sacramento County Municipal Code Art. 2 Denial and Revocation

The Sheriff, may deny an initial application for a Special Business License if written findings described by subsection (A), (B), (C) or (D) or in Section 4.10.040 are made.

The Sheriff may deny an application for renewal of a Special Business License if written findings described by subsection (A), (B), or (C), in Section 4.10.060 are made.

(SCC 578 § 4, 1983; SCC 1105 § 14, 1998; SCC 1267 § 49, 2004; SCC 1595 § 30, 2016)

The Sheriff may deny an initial application for or application for renewal of an Employee Permit if the Sheriff finds in writing that the applicant therefor is disqualified for the Permit under regulations prescribed by Chapters 4.14 through 4.50.

(SCC 578 § 4, 1983)

A denial of an initial application or application for renewal of either a Special Business License or Employee Permit by the Sheriff 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 of Chapters 4.14 through 4.50 that are applicable to the License or Permit, shall be served upon the applicant and upon the owner of the property on which the enterprise is located, if applicable, pursuant to the provisions of Section 4.02.090.

Denial of an initial application or renewal application for a Special Business License shall prohibit operation of the enterprise or provision of the services to be authorized by the license at any location within the unincorporated area of the County.

With respect to denial of an application for renewal of a Special Business License or termination of a Special Business License pursuant to Section 4.02.070, the immediately preceding Special Business License shall be deemed to be in full force and effect for a period of fifteen 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 Section 4.10.115, the immediately preceding Special Business License shall continue in full force and effect during the pendency of the appeal, until the date of final decision by the appellate authority.

(SCC 578 § 4, 1983; SCC 1595 § 31, 2016)

The holder of a Special Business License or Employee Permit or applicant therefor may file an appeal from the following:

A. The denial of an initial application or renewal application for a Special Business License or Employee Permit pursuant to the provisions of Section 4.10.100 or 4.10.105; or

B. 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 Section 4.10.045; or

C. The termination of a Special Business License as a result of a change in ownership, pursuant to the provisions of Section 4.02.070; or

D. The suspension of a Special Business License; or

E. The revocation of a Special Business License.

(SCC 578 § 4, 1983; SCC 1595 § 31, 2016)

Not later than 30 days following the date of filing an appeal within the time and in the manner prescribed by Section 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 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 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 County and served upon the appellant not later than 10 calendar days following the date on which the hearing is closed.

(SCC 578 § 4, 1983; SCC 1105 § 15, 1998; SCC 1595 § 31, 2016)

A decision by the Hearing Authority pursuant to Section 4.10.120 shall become final 15 days following the filing and service thereof unless review of the decision by the Board of Supervisors is requested either by the Sheriff or appellant. 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.

(SCC 578 § 4, 1983; SCC 0988 § 3, 1995)

Upon receipt by the Clerk of the request for review, a hearing shall be scheduled promptly before the Board of Supervisors but no later than 60 calendar days following the date of filing of the notice of appeal. 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. The determination by the Board of Supervisors 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 Board of Supervisors shall be authorized to order the issuance of a license upon such terms and conditions as in the discretion of the Board of Supervisors are deemed to be necessary and appropriate.

(SCC 578 § 4, 1983; SCC 0988 § 4, 1995)

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 Sheriff finds in writing that one or more of the following grounds exist:

A. That finding prescribed by subsection (B) of Section 4.10.040;

B. That the Sheriff has acquired information supporting a finding prescribed by subsection (C) of Section 4.10.040 in relation to the holder of the License;

C. That the holder of the License has violated one or more conditions imposed pursuant to Section 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, or Chapters 4.14 through 4.58 of Title 4 which are applicable to the License or the holder, or any administrative regulation promulgated thereunder, or any other applicable law.

(SCC 578 § 4, 1983; SCC 0992 § 3, 1995; SCC 1595 § 31, 2016)

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

(SCC 578 § 4 part), 1983)

The Sheriff 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 of Chapters 4.14 through 4.50 that are applicable to the License or Permit, upon the holder of the License or Permit 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 below, the suspension or revocation shall become effective fifteen days after the date of service unless the holder files an appeal within the time and in accordance with the provisions of Section 4.10.115. 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.

A Special Business License or Employee Permit may be temporarily suspended pending expiration of the time for appeal or commencement of the appeal hearing pursuant to Section 4.10.120 for the suspension or revocation of the License or Permit, if the Sheriff 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 Sheriff 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:

A. The finding justifying the temporary suspension;

B. 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 Sheriff to the charges in the notice; and

C. The time and date on which the temporary suspension commences, which shall not be earlier than twenty-four hours following the time and date of delivery of the notice.

For purposes of this section, the arrest of any owner, manager, employee or subcontractor of a massage enterprise or any employee, subcontractor or any other person providing massage services on the premises of a massage enterprise, or any massage provider holding a Special Business License issued pursuant to Chapter 4.36, for the charges enumerated under Section 4.36.200(B)(1) or (B)(2), or for any violation of Section 4.36.090(F), (K) or (L), shall constitute a serious and immediate threat to the health and safety of the public caused by the exercise of the license.

D. 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 4.10.120 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.

E. In no event shall a temporary suspension of a Special Business License, ordered pursuant to this section be of a duration greater than 30 days, unless within that period, the Sheriff issues written findings and notice of denial, suspension or revocation as required by Section 4.10.100 or 4.10.135. 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 (D) of this section.

(SCC 578 § 4, 1983; SCC 1595 § 32, 2016)

A. The suspension of a Special Business License shall terminate the right of the holder of the license to engage in the enterprise or provide the services authorized by the license anywhere within the unincorporated area of the County for the effective period of the suspension, following the effective date of the suspension. At the conclusion of said period, the holder may resume said enterprise or provision of services for the duration of the term of the license.

B. In the event of suspension of a Special Business License, neither the spouse, child, brother, sister or parent of the holder of the suspended license, nor a person possessing an ownership interest in the enterprise for which the license was suspended 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 Board of Supervisors. Upon the filing of such an application, the Board of Supervisors may, in its sole discretion, grant or deny the application. In the event the application is granted, in addition to any other condition, the Special Business License may be reinstated pursuant to such requirements as the Board deems necessary in order to ensure that the person whose conduct constituted the basis for the suspension does not exercise any control or influence over the enterprise or the person to whom the license is issued.

(SCC 578 § 4, 1983; SCC 0988 § 5, 1995; SCC 1595 § 33, 2016)

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 provide the services authorized by the License or Permit, as the case may be, anywhere within the unincorporated area of the County 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 Board of Supervisors. The Board of Supervisors 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.

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 Board of Supervisors. Upon the filing of such an application, the Board of Supervisors 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.

(SCC 578 § 4, 1983; SCC 1595 § 34, 2016)