San Jose Municipal Code Part 5 Hearing and Appeal Procedure

A. Upon determining the existence of any of the grounds for denial, suspension, or revocation in accordance with Section 6.60.370 or Section 6.60.383, the chief of police shall issue to the applicant, permittee or licensee a notice of intended decision to deny, suspend or revoke the entertainment permit or entertainment license.

B. The notice of intended decision shall state all the grounds 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 chief of police within the time period specified in Section 6.60.510.

D. In instances where an entertainment permit or entertainment license is being revoked or suspended, the notice of intended decision shall specify the effective date of the revocation or suspension of such permit or license.

(Ords. 28693, 28840.)

With regard to a request for hearing before the chief of police to appeal any notice issued pursuant to Section 6.60.500, the following rules shall apply:

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

B. Upon receipt of a timely written request for hearing, the chief of police shall schedule a hearing which shall be held no later than thirty calendar days after receipt of the request, unless that time is waived by the applicant, licensee or permittee.

C. The chief of police shall serve a notice of hearing on the applicant, licensee or permittee no later than ten calendar days prior to the scheduled date of the hearing.

D. At the hearing before the chief of police, 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 chief of police deems reliable, relevant and not unduly repetitious shall be considered.

(Ords. 28693, 28840.)

A. Within twenty calendar days after the close of the hearing held pursuant to Section 6.60.510, the chief of police shall serve on the applicant, licensee or permittee a written decision sustaining, reversing or modifying his or her intended decision. If the chief of police sustains or modifies the intended decision, the chief of police may impose additional conditions upon the entertainment license or entertainment 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 issuance of the intended notice from reoccurring.

B. With regard to the denial of an application for an entertainment permit or entertainment license, or the denial of an application to renew an entertainment permit or entertainment license, an applicant who is dissatisfied with the chief of police's decision after the hearing shall have a choice of either filing an appeal with the San José appeals hearing board under the terms set out in Section 6.60.530 or accepting the decision of the chief of police as final and seeking judicial review pursuant to Section 1094.6 of the Code of Civil Procedure of the state of California.

C. With regard to the suspension or revocation of an entertainment permit or entertainment license, the decision by the chief of police after hearing shall become final unless the licensee or permittee files an appeal before the San José appeals hearing board within the time period specified in Section 6.60.530.

(Ords. 28693, 28840.)

A. If an applicant, licensee or permittee is dissatisfied with the written decision issued by the chief of police pursuant to Section 6.60.520, he or she may file an appeal to the board.

B. The appeal must be in writing on a form provided by the board and received by the secretary of the board within ten calendar days of the date the chief of police's decision is served upon the applicant, licensee or permittee.

C. The appeal hearing before the board shall be conducted in accordance with the rules and regulations of the board, but shall be heard no later than thirty calendar days after the receipt of the appeal, or within the next two regularly-scheduled meetings of the board, whichever is later in time.

D. Within twenty calendar days after the hearing before the board, the board shall serve upon the applicant, licensee or permittee a written decision sustaining, reversing or modifying the chief of police's decision.

E. The decision by the board after hearing 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. 28693, 28840.)