San Diego Municipal Code Div. 4 Penalties and Regulatory Action

(“Suspension of License” retitled to “Penalties and Regulatory Action” on 11-20-2000 by O-18885 N.S.)

(a) Any requirement of this Article is both regulatory and penal in nature, except as to those sections or subsections specifically designated as regulatory only by use of the phrase “regulatory only.” Regulatory provisions are enforceable through the issuance, denial, suspension, placing conditions upon, or revocation of the permit, and through the issuance of verbal or written warnings, and notices of violation. Penal provisions are enforceable through criminal proceedings. Injunctive remedies are applicable to either.

(b) The specific designation of a provision as regulatory only does not preclude
any other section of the San Diego Municipal Code from being penal or
regulatory in nature, nor does it otherwise impair the meaning or effect of
Chapter I, Article 1, Division 2 of this Code.

(c) Regulatory action may be taken based on an act, omission, or attempt to act,
that contravenes the applicable provisions of this Article or of any other
provision of law, without regard to whether a criminal complaint is filed or, if
a criminal complaint is filed, without regard to the pendency of any
proceeding, conviction or appeal. The regulatory and penal enforcement of
any provision of this Article may proceed separately and independently of
each other, and the selection of one method shall not preclude other
enforcement methods or proceedings, including injunctive relief, when
appropriate.
(“Suspension or Revocation of License or Permit” repealed; “Regulatory and Penal
Nature of Laws” added 11–20–2000 by O–18885 N.S.)

In addition to any other penalties provided by law, any person violating any section of this Article is guilty of a misdemeanor which, upon conviction is punishable by a fine not to exceed $1,000, or by imprisonment in the County Jail for not more than six months or both. This Section does not apply to any section of this Article deemed “regulatory only.” (“Criminal Penalties” added 11-20-2000 by O-18885 N.S.)

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San Diego Municipal Code Chapter 3: Business Regulations, Business Taxes, Permits and Licenses (11-2000)

(a) In addition to any other penalties provided by law, any permittee who does any of the following is subject to regulatory action by the Chief of Police against his or her police permit:

(1) Violates or allows the violation of any section of this Article, any law
or regulation pertaining to the business, or violates any condition
imposed on the permit;

(2) Engages in conduct outside of the City which, if committed in this
City, would be grounds for regulatory action;

(3) Is convicted of any crime which would have been grounds for denying
the application for the police permit;

(4) Fails to take corrective action after timely written notice of an
observed violation;

(5) Negligently fails to supervise the business resulting in a pattern of
violations described by patrons, employees, or both;

(6) Manifests an inability to properly perform the duties relating to the
police-regulated activity as evidenced by the commission or omission
of an act or series of acts.

(b) Regulatory action includes the following:

(1) Issuance of a verbal warning;

(2) Issuance of a written warning;

(3) Issuance of a notice of violation;

(4) Placing conditions upon the permit which are reasonably related to any
violation. Unless otherwise stated as part of the condition, all such
conditions expire when the permit expires, excluding any time stayed
during an appeal;

(5) Suspension of the police permit;

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San Diego Municipal Code Chapter 3: Business Regulations, Business Taxes, Permits and Licenses, (11-2000)

(6) Revocation of the police permit;

(7) Denial of an application for a police permit; or

(8) Denial of an application for renewal of a police permit;

(c) In lieu of suspension, the permittee and Chief of Police may negotiate a civil
penalty according to the procedure contained in the Police Department’s Vice
Administration Manual relating to permit applications, denials, and penalties.
Failure to pay the civil penalty as negotiated will result in reinstatement of the
suspension.

(d) The Chief of Police may take regulatory action consistent with the severity of
the violation, or the frequency of the violations, regardless of whether the
permittee has suffered administrative penalties in the past.
(“Regulatory Penalties” added 11-20-2000 by O-18885 N.S.)

(a) Whenever regulatory action is taken against a police permit as described in Sections 33.0403 (b)(4) through (b)(8), the Chief of Police shall send a notice to the permittee identifying the Code section(s) violated, describing the circumstances of the violation, and explaining the consequences of a failure to correct the violation, if appropriate.

(b) Whenever a written warning is issued, the permittee shall be afforded an
opportunity to meet with the Chief of Police regarding the written warning.
(“Notice of Regulatory Action” added 11-20-2000 by O-18885 N.S.)

(a) Whenever regulatory action against a permittee is based on a violation of law or this Article by an employee that occurs on the premises or during the course of employment, it is sufficient to show that a responsible person caused or condoned the violation, or failed to take reasonable corrective action after timely written notice of the violation.

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San Diego Municipal Code Chapter 3: Business Regulations, Business Taxes, Permits and Licenses (11-2000)

(b) Whenever regulatory action against a permittee is based upon a violation of
law or this Article occurring on the premises by a patron, it is sufficient to
show that a responsible person caused or condoned the violation or failed to
take reasonable corrective action after timely written notice of the violation.
(“Evidence to be Used in Regulatory Action” added 11-20-2000 by O-18885 N.S.)

The Chief of Police may take immediate action with respect to a police permit, if a subsequent hearing is provided, where there is an urgent need to take immediate action to protect the public from injury or harm, or where a police permit was issued based on material misrepresentations in the application and the police permit would not have been issued but for the material misrepresentations. (“Urgency Action” added 11-20-2000 by O-18885 N.S.)

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San Diego Municipal Code Chapter 3: Business Regulations, Business Taxes, Permits and Licenses (12-2021)

Article 3: Police Regulated Occupations and Businesses