Victorville Municipal Code Art. 2 Denial, Revocation and Appeal

Before the Building Official or the Code Enforcement Official denies or grants any license subject to certain conditions, the Building Official or Code Enforcement Official shall notify the applicant or licensee in writing pursuant to Section 16-7.02.040, that he or she intends to deny the license or to grant the license subject to conditions, which conditions shall be specified in the notice.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

The following shall constitute grounds to deny issuance of a business license to an applicant, licensee, or authorized agent for a bookstore, exhibition, traveling show, motion picture theater, sound or advertising vehicle, model studio, picture arcade, or other First Amendment speech activity. See Section 16-7.02.040 regarding license review deadlines, denial of a new license, and notice and hearing requirements.

(a) The building, structure, equipment, or location of such business does not comply with or fails to meet any state, county, or city health, zoning, fire and safety regulation, code, or standard applicable to such business operation;

(b) The applicant, licensee, or authorized agent has knowingly made any false, misleading, or fraudulent statement of material fact in the application for a license or in any report or record required to be filed with the Building Official ;

(c) The applicant, licensee, or authorized agent has been convicted or entered a plea of nolo contendere within the preceding twenty-four (24) months in a court of competent jurisdiction of any violation of any statute or ordinance, which arises from an act performed in the exercise of any rights granted by the license;

(d) The business establishment is presently a public nuisance, whether or not abatement proceedings have been instituted; or

(e) The applicant, licensee, or authorized agent has violated any rule or regulation adopted by the City or a legal action approved by a court of law relating to the operation of the licensee's business within the preceding twenty-four (24) months.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

The following shall constitute grounds to deny issuance of a business license to an applicant, licensee, or authorized agent not involving free speech:

(a) The business proposed to be conducted is prohibited by any local or other law, statute, rule, or regulation, or prohibited in the particular location by any local or other law, statute, rule, or regulation;

(b) The business establishment is presently a public nuisance, whether or not abatement proceedings have been instituted;

(c) The applicant, licensee, or authorized agent has committed or aided or abetted in the commission of any act or act of omission, or been convicted of a felony or any crime or entered a plea of nolo contendere within the preceding twenty-four (24) months, which, if committed by a licensee, would be a ground for revocation of license or disciplinary action under this Chapter;

(d) The applicant, licensee, or authorized agent has had a license revoked by the City within the preceding twenty-four (24) months, on any ground which would affect or pertain to the operation of the business for which a new license is being sought. For purposes of this subsection only, the date of any prior revocation shall be calculated as of the date the applicant or other person exhausted all available administrative remedies with respect to the underlying revocation;

(e) The applicant, licensee, or authorized agent has knowingly made any false, misleading, or fraudulent statement of a material fact within the preceding twenty-four (24) months in a previous application for a license, or in any report or record required to be filed with the Building Official, or made in the course of soliciting;

(f) The applicant, licensee, or authorized agent has, within the preceding twenty-four (24) months, committed any unlawful, false, fraudulent, dangerous act, or violated a local ordinance relating to a previously licensed or unlicensed business, with the intent to substantially benefit him or herself or another, or substantially injure another;

(g) The applicant, licensee, or authorized agent has outstanding violations and/or debt related to a criminal or civil action initiated by a City Enforcement Officer;

(h) The applicant, licensee, or authorized agent has violated any rule or regulation adopted by the City or a legal action approved by a court of law relating to the operation of the licensee's business within the preceding twenty-four (24) months; or

(i) The establishment or business will be detrimental to the public health, safety, or welfare.

Any grounds for denial included in this section shall also constitute grounds for suspension, nonrenewal, or revocation of a license as described in this Chapter.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

The Building Official or the Code Enforcement Official shall have the right to deny a new license on any grounds provided in this Chapter without the requirement of a prior hearing. Any applicant aggrieved by any action of the Building Official or the Code Enforcement Official in refusing to issue a new license, shall have the right of appeal as stated in Chapter 2, Article 2 of the Victorville Development Code.

It is unlawful for any person to carry on the business after the license has been denied, unless and until the appeal process is utilized, and the subsequent decision reverses the denial. The applicant shall, within ten (10) calendar days of the denial, file a written statement setting forth the specific grounds for appeal. If the applicant fails to make a timely appeal, except as otherwise provided in this subsection, the decision of the Building Official or the Code Enforcement Official shall be deemed final and conclusive. With respect to applications for licenses involving free speech activities, the following shall apply:

(a) The Building Official or Code Enforcement Official shall issue or deny a license for activities which may involve free speech to the applicant within thirty (30) days of receipt of a complete application and the applicable fees. Notice of denial shall be sent by first class U.S. mail to the address provided on the license application, except as otherwise provided in subsection (a) of this section. Failure of the Building Official or Code Enforcement Official to approve or deny the license application within thirty (30) days shall result in the license being granted.

(b) Upon denial of a new license for activities which may involve free speech, the applicant shall have the right to an appeal hearing as stated in Chapter 2, Article 2 of the Victorville Development code. Such request for a hearing shall be written and received by the City Clerk within fourteen (14) calendar days from the effective date of the service of notice of denial by the Building Official or Code Enforcement Official . In the event that the denial is affirmed by the City Council on review, the applicant may seek prompt judicial review of the validity of the denial of the license, and the City shall make all reasonable efforts to expedite such review as provided in Section 1094.8 of the California Code of Civil Procedure, if sought by applicant.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

After a hearing as provided in Section 16-7.02.070 of this Chapter, unless such hearing is waived by licensee, the Building Official or Code Enforcement Official may suspend or revoke a license for a bookstore, exhibition, traveling show, motion picture theater, sound or advertising vehicle, model studio, picture arcade, or other First Amendment speech activity if he/she finds that one or more of the following conditions exist or have occurred after the issuance of such license:

(a) The building, structure, equipment, or location of such business does not comply with or fails to meet any state, county, or city health, safety, zoning, fire regulation, code, or standard applicable to such business operation;

(b) The licensee or authorized agent has been convicted or entered a plea of nolo contendere within the preceding twenty-four (24) months in a court of competent jurisdiction, of any violation of any statute or ordinance, which arises from an act performed in the exercise of any rights granted by the license;

(c) The business is presently a public nuisance, whether or not abatement proceedings have been instituted;

(d) The licensee or authorized agent has knowingly made any false, misleading, or fraudulent statement of material fact in the application for the license, or in any report or record required to be filed with the Building Official, which relate to the operation of the licensee's business;

(e) The licensee or authorized agent has violated any rule or regulation adopted by the City relating to the operation of the licensee's business; or

(f) The licensee or authorized agent has failed or refused to notify the Building Official of any material change in facts described in the application required by Section 16-7.06.140, within fifteen (15) days after such change.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

The Building Official or Code Enforcement Official may suspend or revoke a license, other than a license covered by Section 16-7.03.010 if he/she finds that any licensee or authorized agent has:

(a) Knowingly made any false, misleading, or fraudulent statement of a material fact in an application for a license, or in any report or record required to be filed with the Building Official, or made in the course of soliciting;

(b) Been convicted of, or entered a plea of nolo contendere for, a felony or any crime involving theft, embezzlement, or moral turpitude during the preceding twenty-four (24) months, or is currently on probation, parole, or subject to incarceration as a result of such conviction; if the licensee is not an individual, the above information shall apply to each officer, director, manager, or member of the licensee, or any other person exercising control or management of the business;

(c) Within the preceding twenty-four (24) months, committed any unlawful, false, fraudulent, or dangerous act relating to a previously licensed business, with the intent to substantially benefit him/herself or another, or substantially injure another;

(d) Committed any act which violates any rule or regulation adopted by any governmental agency relating to the licensee's business, including, but not limited to, failure to pay local taxes, fees, or assessments imposed by the City, or any district created by the City;

(e) Violated any condition or restriction of the license;

(f) Conducted the licensed business in a manner contrary to the peace, health, safety, and the general welfare of the public; or

(g) Failed or refused to notify the Building Official of any material change in facts stated in the application required by Section 16-7.03.010, within fifteen (15) days after such change; or

(h) Where the business involves soliciting or peddling on behalf of an organization, has failed to, with the knowledge or consent of the organization, to wear, or have in his or her possession, the City issued identification card as described in Section 16-7.06.110(b); or

(i) With respect to multi and single family residential rental property:

(1) Within the preceding twenty-four (24) months, the police department has responded, investigated, and documented public disturbances and other nuisances at the rental location regarding matters except for domestic dispute matters.

(2) The property sustained nuisance enforcement action and a lien has been recorded with the County Recorder's office due to lack of property maintenance or other violations specified Chapter 6 of the Development Code.

(j) With respect to a nonprofit:

(1) Failed to obtain and maintain Internal Revenue Service and state nonprofit status pursuant to California Revenue and Taxation Code Section 23701(d) or Internal Revenue Code Section 501(c)(3) or any subsequently enacted related legislation or regulations;

(2) Failed to use - the proceeds collected for religious or charitable purposes, less expenses or cost of administration as permitted by federal or state law.

(k) Has outstanding violations and/ or debt related to a criminal or civil action initiated by a City Enforcement Officer; or

(l) Has violated any rule or regulation adopted by the City or a legal action approved by a court of law relating to the operation of the licensee's business within the preceding twenty-four (24) months.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

When the Building Official or Code Enforcement Official concludes that grounds for modification, suspension, revocation, or refusal to renew a license exist, the following notice and hearing procedures shall be followed:

(a) Serve the applicant or licensee with notice of the action upon the licensee either personally and/or by certified mail, and/or by regular U.S. mail, to the address last shown on the application for a license, unless the applicant or licensee has provided the Building Official with written notice of a change in address, in which case the notice shall be sent to such address.

(1) The Notice of Action should include all of the following information:

(A) The name of the subject license holder;

(B) The street address or definite location where the violation(s) occurred;

(C) The code section(s) violated;

(D) A description of the conditions or actions which warrant suspension, modification, or revocation of the subject license;

(E) The action proposed (i.e., suspension, modification, or revocation of the subject license);

(F) A description of any prior action taken by the City to gain compliance with the code with regards to the subject violation(s);

(G) Provide a description of the procedures involved in taking the proposed action, including the license holder's right to attend the hearing on the proposed action;

(H) Provide a statement stating that within fourteen (14) calendar days, the licensee must submit a written response and request a Determination Hearing to the City Clerk regarding this action. Failure to submit a written response, shall cause the proposed action of the Building Official or Code Enforcement Official to be deemed final, and no right to appeal as provided in Chapter 2, Article 2 of the Victorville Development Code shall exist.

(b) Provide a determination hearing conducted on any Notice of Action issued by the Building Official or Code Enforcement Official pursuant to this Chapter. The Determination Hearing shall be conducted within thirty (30) days upon receipt of a written request for a Determination Hearing submitted by the licensee to the City Clerk.

(c) Establish a date, time, and place for the Determination Hearing. Once determined, the Building Official or Code Enforcement Official shall prepare a Notice of Determination Hearing ("Hearing Notice"), which shall be served personally and/or by certified mail, and/or by regular U.S. mail, to the address last shown on the application for a license, unless the applicant or licensee has provided the Building Official with written notice of a change in address, in which case the notice shall be sent to such address and sent in substantially the same form as follows:

"You are hereby notified that a hearing will be held before the Building Official or the Code Enforcement Official, or his/her designee regarding your Notice of Action on the _______ day of _______, _______ at the hour of _______ upon the Notice of Action served upon you. You may be present at the hearing. You may present any relevant evidence at the hearing."

(d) If the license holder fails to attend the scheduled Determination Hearing, the hearing will proceed without the license holder and he/she will be deemed to have waived his/her rights to be heard at the Determination Hearing, and no right to appeal to the Planning Commission and to the City Council shall exist.

(e) Following the Determination Hearing, the Building Official or Code Enforcement Official may decide to uphold the Notice of Action, establish a modified schedule for compliance (if applicable), overturn some or all of the findings stated in the Notice of Action, and/or rescind the Notice of Action in part or in its entirety.

(f) Within a reasonable time after the hearing, the Building Official or the Code Enforcement Official, or his/her designee, shall render a final decision regarding suspension, revocation, or refusal to renew.

(g) It shall be unlawful for any person to carry on the business after a license has been suspended or revoked.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Any licensee aggrieved by any final decision rendered by the Building Official or the Code Enforcement Official, at or after the above mentioned hearing, shall have the right of appeal as stated in Chapter 2, Article 2 of the Victorville Development Code.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)