San Jose Municipal Code Part 3 Cease and Desist Orders

A. The Administrator may issue any cease and desist orders against a Cardroom Permittee or any Licensee that the Administrator deems reasonably necessary:

1. For the immediate preservation of the public peace, health, safety, or general welfare; or

2. To prevent a violation of the provisions of this Title; or

3. To preserve the public policies of this Title.

B. The cease and desist order shall set forth the grounds upon which it is based, including a statement of the facts constituting the imminent danger to the public peace, health, safety, or general welfare necessitating the order.

C. The cease and desist order is effective immediately upon service on the Cardroom Permittee or the Licensee. The cease and desist order may suspend, limit, condition or take other action in relation to the Cardroom Permit or License. The cease and desist order shall remain in effect until further order of the Administrator or final disposition of any proceeding conducted pursuant to this Section.

D. Within two (2) Business Days after service of a cease and desist order, the Administrator shall serve the Cardroom Permittee or the Licensee with a notice giving the name of the hearing officer.

E. The notice served upon the Cardroom Permittee or licensee shall also notify the Cardroom Permittee or the licensee of his or her right to request a hearing before a hearing officer.

F. The Cardroom Permittee or the Licensee is entitled to request that the hearing commence within ten (10) Business Days of the date of the request for hearing if the Gambling Operation at the Cardroom is closed by the order, and in all other cases, within thirty (30) calendar days of the date of the request. Upon application of the Administrator, the Cardroom Permittee, or the Licensee for good cause shown, the hearing officer may extend the time within which a hearing is required to be commenced, upon those terms and conditions that the hearing officer deems equitable.

G. Except as otherwise specified in this Section, the procedures set out in Chapter 16.36 for administrative hearings shall apply to cease and desist order proceedings.

(Ords. 28517, 30616.)

Cease and desist order hearings shall be conducted by a retired judge of the State of California selected by the city attorney.

(Ord. 28517.)