Part 1.5

EMERGENCY ACTION TO ABATE IMMINENT THREATS TO PUBLIC HEALTH, SAFETY, OR WELFARE: SUMMARY SUSPENSION PROCEDURES

Sections:

• 6.02.180 Summary suspension.

• 6.02.190 Method of service.

• A. When the department head determines that there is an imminent threat to the public health, safety or welfare requiring immediate action pursuant to Section 6.02.180, the department head will attempt to informally contact the licensee or permittee by telephone, in-person meeting, or by such other means of communi-

cation that the department head deems satisfactory, to discuss with the licensee or permittee the circumstances resulting in the imminent threat to public health, safety or welfare. The department head will further attempt to obtain the licensee's or permittee's commitment to implement immediate voluntary compliance measures that will, in the judgment of the department head, effectively abate the imminent threat to the public health, safety or welfare.

• B. The requirements set out in Subsection A shall not prohibit the department head from issuing a notice of summary suspension pursuant to Section 6.02.180 if:

  1. The attempt to contact the licensee or permittee fails; or

  2. The licensee or permittee fails or refuses to immediately implement voluntary compliance measures that the department head deems will effectively abate the imminent threat; or

  3. The department head determines that the compliance measures that the licensee or permittee immediately implements are insufficient to effectively abate the imminent threat; or

  4. The department head determines that the threat to the public health, safety or welfare is so urgent that compliance with the informal resolution procedures set out in this section will further jeopardize the public health, safety, or welfare.

• (Ords. 27782, 27783.)

• A. If the department head determines there is an imminent threat to the health, safety or welfare of the public as set out in Subsection B below, a license or permit may be summarily suspended for a period of time not to exceed thirty days.

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§ 6.02.180

• B. The department head's determination that there is an imminent threat to the public health, safety or welfare shall be based on one or more of the following:

  1. There is an urgent need to take immediate action to protect the public from a substantial threat of serious bodily injury or death existing on or within one hundred fifty feet of the licensed or permitted premises; or

  2. There has been a violation of a permit or license condition or other requirement of this Title that creates an imminent danger to the public health, safety or welfare on or within one hundred fifty feet of the licensed or permitted premises; or

  3. The licensee or permittee has conducted the licensed or permitted business in a manner that creates or results in a public nuisance, as defined in Section 1.13.050 of this Code or Sections 3479 and 3480 of the California Civil Code, and that public nuisance creates an imminent danger to the public health, safety or welfare on or within one hundred fifty feet of the licensed or permitted premises.

• C. The summary suspension shall take effect immediately upon service of a written notice of suspension by the department head. Notice given to the licensee or permittee shall include the following information:

  1. The effective date and time period of the summary suspension;

  2. The grounds and reasons upon which the summary suspension is based;

  3. The licensee or permittee who wishes to challenge the summary suspension may request a hearing before the department head;

  4. The method for requesting a hearing before the department head; and

  5. The notice of summary suspension shall become final unless the department head

receives a written request for a hearing from the permittee or licensee within the time period specified in Subsection E.

• D. The summary suspension shall remain in effect unless and until the department head either:

  1. Amends the notice of summary suspension to shorten the time period provided in the earlier notice of summary suspension; or

  2. Issues a decision after holding a hearing pursuant to the requirements of this Section that modifies or overrules the summary suspension.

• E. If the licensee or permittee wishes to challenge the summary suspension, the licensee or permittee must file a written request for a hearing before the department head within three (3) business days after service of the notice of summary suspension. If the department head does not receive a request for a hearing from the licensee or permittee within this time period, the notice of summary suspension shall become final.

ittee wishes to challenge the summary suspension, the licensee or permittee must file a written request for a hearing before the department head within three (3) business days after service of the notice of summary suspension. If the department head does not receive a request for a hearing from the licensee or permittee within this time period, the notice of summary suspension shall become final.

• F. The department head must respond to the licensee's or permittee's request for a hearing by holding a hearing to affirm, modify or overrule the summary suspension within five (5) business days of the licensee's or permittee's request for a hearing, unless the licensee or permittee requests an extension of the time within which the department head can hold the hearing.

• G. The department head shall serve a written notice of hearing on the licensee or permittee not later than two (2) business days after receiving the licensee's or permittee's written request for a hearing. The notice of hearing shall contain the date, time and place at which the hearing shall be conducted.

• H. At the hearing before the department head, the licensee or permittee shall be given the opportunity to present evidence that either rebuts the ground(s) for which the summary

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§ 6.02.180

• suspension was issued or demonstrates that the reason or reasons leading to the summary suspension have been mitigated or corrected.

• I. The hearing will be conducted informally and technical rules of evidence shall not apply. Any and all evidence that the department head deems reliable, relevant and not unduly repetitious may be considered.

• J. Following the conclusion of the hearing, the department head shall issue a decision which affirms, modifies or overrules the summary suspension, as specified in Subsection K. If the department head affirms or modifies the summary suspension, the department head may impose additional conditions upon the license or permit if those conditions were reviewed at the hearing and the conditions are intended to protect the health, safety or welfare of the public or prevent the conduct or condition that led to the summary suspension.

• K. The department head shall issue an oral decision upon the close of the hearing or may communicate the decision by telephone, within twenty-four (24) hours of the close of the hearing. The department head shall also serve the licensee or permittee with a written decision within three (3) business days of the close of the hearing.

• L. Following the service of a written decision after the hearing, a licensee or permittee who is dissatisfied with the department head's decision shall have a choice of either filing an appeal with the appeals hearing board under the terms set out in Section 6.02.230 or accepting the decision as final and seeking judicial review pursuant to Section 1094.6 of the Code of Civil Procedure of the State of California. If the permittee or licensee is dissatisfied with the decision by the department head and chooses to have an appeal hearing with the appeals hearing board, then the decision by the appeals hearing board shall be final for purposes of judicial review pursuant to Section 1094.6 of the Code of Civil Procedure of the State of California.

(Ords. 27782, 27783.)

• A. All written notices and decisions required by this Part 1.5 of Chapter 6.02 shall be served as provided in Section 1.04.140 of this Code. Alternatively, any written notice required by this Part 1.5 of Chapter 6.02 may be served by conspicuously posting a copy of the written notice at the licensed or permitted premises.

• B. The failure of any licensee or permittee to receive any notice required under this part shall not affect the validity of any proceedings taken under this part.

• (Ords. 27782, 27783.)

Part 2

HEARING AND APPEAL PROCEDURE

Sections:

• 6.02.200 Notice of intended decision.

• 6.02.210 Procedure for hearing before the department head.

• 6.02.220 Decision of the department head.

• 6.02.230 Appeal to appeals hearing board.

• 6.02.240 Reserved.

• 6.02.250 Reserved.

• 6.02.200 Notice of intended decision.

• A. Upon determining the existence of any of the grounds for denial, suspension, or revocation in accordance with Section 6.02.130, the department head may issue to the permittee or licensee a notice of intended decision to deny, suspend or revoke the permit or license.

• B. The notice of intended decision shall state all the grounds and reasons upon which the denial, suspension or revocation is based.

• C. The notice of intended decision shall advise that the denial, suspension or revocation shall become final unless the applicant, permittee or licensee files a written request for hearing before the department head within the time period specified in Section 6.02.210.

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§ 6.02.230

• D. The notice of intended decision shall specify the effective date of the revocation or suspension of such permit or license.

• (Ord. 24605.)

With regard to a permit or license issued by a department head:

• A. The written request for a hearing before the department head must be received by the department head within ten calendar days of the date of service of the notice of intended decision to deny, suspend or revoke the permit or license.

• B. The department head shall schedule a hearing which shall be held no later than thirty calendar days after receipt of a timely request for hearing.

• C. The department head shall serve a notice of hearing on the applicant, licensee or permittee not later than ten calendar days prior to the scheduled date of the hearing.

• D. At the hearing before the department head, the applicant, licensee or permittee shall be given the opportunity to present witnesses and documentary evidence.

• E. The hearing will be conducted informally and the technical rules of evidence shall not apply. Any and all evidence which the department head deems reliable, relevant and not unduly repetitious may be considered.

• F. Issuance of a written notice of cancellation of an insurance policy by the issuer of the policy shall be conclusive proof at the hearing of the effective cancellation of an insurance policy.

• (Ord. 24605.)

• A. Within twenty calendar days after the hearing, the department head shall serve a written de-

cision sustaining, reversing or modifying his or her intended decision on the applicant, licensee or permittee.

• B. The decision by the department head after hearing shall become final unless the applicant, licensee or permittee files an appeal before the appeals hearing board within the time period specified in Section 6.02.230.

• (Ord. 24605.)

• A. If an applicant, licensee or permittee is dissatisfied with the written decision of the department head, he or she may file an appeal to the appeals hearing board.

• B. The appeal must be in writing on a form provided by the appeals hearing board and received by the secretary of the appeals hearing board within fifteen calendar days of the date of the department head's decision.

• C. The appeal hearing shall be conducted in accordance with the rules and regulations of the appeals hearing board.

• (Ord. 24605.)

Editor’s note— Ord. 27782, § 4, adopted June 13, 2006 (emergency ord.) and Ord. 27783, § 4, adopted June 20, 2006, repealed § 6.02.240, which pertained to opportunity to correct.

Editor’s note— Ord. 27782, § 5, adopted June 13, 2006 (emergency ord.) and Ord. 27783, § 5, adopted June 20, 2006, repealed § 6.02.250, which pertained to summary suspension.

Part 3

REMEDIES

Sections:

• 6.02.300 Permit or license fee deemed debt to city.

• 6.02.310 Disturbance response fee.

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§ 6.02.300

The amount of any permit or license fee imposed by this Code shall be deemed a debt to the city and recoverable in any court of competent jurisdiction.

(Ord. 24605.)

• A. In addition to all other fees imposed in accordance with this title, a disturbance response fee shall be imposed on the permittee or licensee of any business premises operated pursuant to any permit or license issued by a department head, whenever the police department responds to any disturbance which is directly or indirectly caused by a violation of the permit or license.

• B. No warning shall be required prior to imposition of the disturbance response fee.

• C. The disturbance response fee shall be the actual cost of police services, including but not limited to, personnel and equipment, incurred.

• D. The definitions of the terms "disturbance" and "response" shall be as set forth in Section 10.16.100.

• E. The bill of charges shall be served by the chief of police upon the permittee or licensee within thirty calendar days after the response to a disturbance which is directly or indirectly caused by a violation of the permit or license.

• F. The bill of charges for the disturbance response fee shall be served upon the permittee or licensee at the permitted or licensed business premises.

• G. The bill of charges shall include a notice of the right of the person being charged to request a hearing before the appeals hearing board within ten calendar days of the date of service of the bill to dispute the imposition of a response charge or the amount of the charge.

• H. The permittee or licensee may request a hearing in accordance with Section 10.16.130.

• I. Failure to timely request a hearing as provided by subsection G. shall be deemed a waiver of the right to a hearing.

• (Ord. 24605.)

In addition to all other legal penalties, any person who engages in any business for which a permit or license is required, without such permit or license, whether or not such person would have qualified for such permit or license, shall be liable for the amount of all taxes and fees applicable to a permittee or licensee. (Ord. 24605.)

• A. The permittee or licensee shall be liable for every violation of the requirements of this title committed by the permittee or licensee, or the permittee's or licensee's manager or employee.

• B. In the case of a violation of a requirement of this title by an employee, the department head shall have the discretion to take enforcement action against the permittee, the employee of the permittee, the manager who was present at the premises at the time the employee committed the violation, or against any combination of them.

• C. In the case of a violation of a requirement of this title by a manager, the city shall have the discretion to take enforcement action against the permittee, the manager, or both.

• (Ord. 24605.)

This title provides for administrative enforcement of its provisions, which are in addition to all other legal remedies, administrative, criminal or civil, which may be pursued by the city to address any violation of this title. (Ord. 24605.)

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§ 6.04.100