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HomeMy WebLinkAboutCC Ord 1172 1984-11-26 ORDINANCE NUMBER //12- AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, ESTABLISHING A BUSINESS LICENSE REVOCATION PROCEDURE AND AMENDING THE SEAL BEACH CITY CODE THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN: I Section 1. Section 11-31.1 is added to Article I, Chapter 11 of the Code of the City of Seal Beach, California to read: 11-31.1. (a) Revocation, Suspension, Grounds. Any license issued under the terms of Articles I and II of this Chapter may be revoked or suspended at any time thereafter by the City Manager where the licensee had violated any terms or provisions of said license, any provisions of this Code, or any other ordinance or statue relating to the permitted activity. Appeal - Initiation - Contents of Notice of Appeal. Any person may file an appeal to the City Council with the City Clerk from any decision of the City Manager within fifteen days after notice of such decision is given. Any such appeal shall be in writing and shall specify: 1. The name and address of appellant; 2. The matter being appealed; 3. A statement of the grounds of appeal. (c) Hearing on Appeal, Notice. The City Council shall hold a hearing in the manner provided herein on any appeal duly filed pursuant to the provisions of (b) of this Section. Notice of such hearing shall be given to the appellant not less than five (5) days before such hearing either by registered or certified mail, postage prepaid. return receipt requested, addressed to the appellant or other interested person at the address stated in the notice of appeal or as filed with or known to the City Clerk, or in the manner required for the service of summons in civil actions. (b) I I (d) Hearing. At the time of the hearing, the Council shall hear and consider any relevant evidence. At such hearing, the' appellant shall be given an opportunity to appear either personally or by counsel and to be heard and to call witnesses on his or her behalf. The Council may place any witness, including the appellant, under oath. The hearing may be continued from time to time as determined necessary by the Councilor upon the request of the appellant upon good cause being shown therefor, in the discretion of the City Council. (e) Hearing, Decision. At the close of the hearing or at any time within thirty (30) days thereafter, the City Council shall determine whether to grant or deny the appeal and may impose any conditions it deems necessary. The decision of the City Council shall be final. Ordinance I'lumber 1'/1;t. (f) Notice of Decision. Unless the Council publicly announces its decision at the close of the hearing, 'it shall, within thirty (30) days thereafter, cause notice of its decision to be given. Such notice shall be given either by personal delivery thereof to the appellant or to any employee of such appellant at the address set forth in the notice of appeal, providing said licensee is absent from said place of business, or by depositing such notice in the United States Mail in a sealed envelope, first class registered or certified mail, postage prepaid, return receipt requested, addressed to the appellant at said address or to such other address of the appellant as may be filed with or known to the City Clerk. Service by mail shall be deemed to have been completed at the time of deposit in a facility of the United States Post Office Department. (g) No License to be Issued. After revocation or suspension of any license by the City Manager, no license shall thereafter be issued by the City Manager to the licensee to carryon any business or do any act for which said license was granted until a new license shall have been granted therefore by the City Council following a hearing pursuant to the procedure provided in (c), (d), and (e) of this section. (h) New License Required. No person whose license has been suspended or revoked pursuant to this Chapter shall engage in or carryon any business or do any act permitted to be done pursuant to such license during the period of suspension or after revocation thereof, until a new license shall have been granted and such license shall be in full force and effect. I I Section 2. The City Clerk shall certify to the passage of this ordinance and cause the same to be published as required by law and the same shall take effect as provided by law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach, Calif~a, at a regular meeting thereof held on the 02kJt(t.. day of ~"I'UL~' 1984. tQ~AU~~_'C~_ ..,,< ayor '"') ATTEST: I Ordinance Ilumber 111~ PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal B~Ch, califo~t a ~r meeting thereof held on the ~ .y. day of .,-. 1984. r: . ) Mayor ~/ ATTEST: I STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing ordinance is the original copy of Ordinance Number //;1~on file in the offic~f the Ci Clerk, jntroduced at a meeting held on the I'~~ day of ~1984. and passed, approved and adopted by the Cit Council of the City 0 al Beach at a meeting thereof he 1 d on the e5l U'< day of , 1984 by the fo 11 owi ng vote: rJ I AYES: Councilmember NOES: Counc; lmembers ~ .!! ABSENT: Counci lmembers Y !.~ L- and do hereby further certify that Ordinance Number /1'?.2.. has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. ~"'Jj>>( .a City e k b I Ordinance rlumber // '7 z. PROOF OF PUBLICATION 12015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange I am a citizen of the United States a.nd a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of the ........~..&~.~.~~~..... .................................................... a newspaper of general circulation, printed and published ....~...........oo. in the City of ooAl;~oo........O;-,~...oo._ County of Orange, and which news, paper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of. .~y." 19 ~.1, Case Number. f! to;;[J~...; that the notice, of which the annexed is a printed copy (set in type not 'smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: .00000.~~..<?:J.)o........... ...... .... all in the year 19.~t. I certify (or declare) under penalty of perjury that the foregoing is true and correct . Dated at...... ~.~.... ~.~.. 00.... 00... California, this...~"..oodayof.[!~.. 19}'f. ............~.~~Sig~~t~........... Free CO'tel af Ihis blink farm mly II' "cured from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House 120 West Second St., Los Angeles, Calif. 90012 Telephone: (213) 625-2541 Pleilll rlQues' GENERAL Pt'oofot Pullllutlon wtl.n ordering this form. This space is for the County Clerk's Filing Stamp I Proof of Publication of .......................................................... .........~~...@..~.~,.~'!;~....... SUllllAllY.. _._~ . ll72.AmDndlngCh......llat.. .4' ea. 01 .. en,. 01 _ _. EaIDbI....1ng 0 _ L_ R8VocdkNIP~ ~ Ordinance Number 1172 of the City of Seal Beach. Amendl". Chaptw 11 of lhe Code of the CtIy 01 SHI Buch Establishinl a Business License ", Rewelbon Pnx:edure. was in1loduced . . at the rqular City Coune!1 meetins of ... November 13. 1984. First readln. of '\ Ordinance Number 1172 was apprav- - ., ed by the followlnl votel . AYES: Brownell. Clift. GrIllS, RISfteI'. ~ Wilson . NOES. None Motion carried' ~'. Ordinance Number 1172 wiIll'KIMt 'j' second readi.. and be considered far. , adoption at lite rqular City Council ': meetinl of November 26. 1984. " Copies of QrdIRince Number 1172 1ft . available In the office of tI1e City Clerk. . City Hall, 211 8th Street. telephone j::' (213) 431-2527: . DATED thIS 21st dIr 01 _mbor. -/ 1984. ~- Joanne M. Yea, City Clerk ~. ~ City of Seal Beach. .. ~ Nov.2B. 1984 . .-. Published In the Seal Beach JoumIt: ... I I I I I Ordi nance Number //7 z.. PROOF OF PUBLICATION (2015.5 C.C.P.l STATE OF CALIFORNIA. County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of the oo.oo......)~oo.~~~.j~~~., .................................................... a newspaper of general circulation, printed and published .....~::.........oo..oo. in the City of .. ..~M... . 'A~M.}~......... . County of Orange, and which news- paper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of.~~., 19 ~7., Case Number fi. ic?-,?.~ ~.; that the notice, of which the annexed is a printed copy (set in type not 'smaller than nonpareil), has been publiShed in each regular and enfire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: '1- 00...~~1l,~.. ~.(1. r.............. .... all in the year 19.$.1.. I certify (or declare) under penalty of perjury that the foregoing is true and correct , Dated at ..oo....Jf.~...~~~Moo..oo..... California, this.ooq.~...day of .~., 19:r.~ ..00..00...... . .~..~.:...~.....oo. Signature Fr.. copies of this blank form m., INt Secured from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House 120 West Second St., Los Angeles, Calif. 90012 Telephone: (213\ 625-2541 Plu.. rIQUI.t GENERAL Pl"0Df0' "ublicltlon when orderln. tl'lll 'orm. This space is for the County Clerk's Filing Stamp Proof of Publication of .......................................................... ..........,~.4,!,..li-!-:~4:,...~~..... .8l!_V - onl_ Nu_ ,1172_~_ L _ID. . Orchnll'lCe Number 1172 of the City of ~ Seal Beach. Estabhstunl a BUSiness rlJcense Revocation Procedure. recPlv. eel second reachna and was adopted by i~ Seal Beach City CounCil at the reaul.- meetln. thereof held on the 26th day of NlMmber. 1984. by the follOWing vote ~YES: Brownell. Chit. Grps. Risner, ~ W".... ~NOES None MottOn ca~lf'd CopIes at Ordmance Number 1112 at'e _1IbJe in the office 01 the City Clerk, ~5DD1 Beoch CoIy Hall, 211 Sth Street rOArED thIS Zeth a., of November, "1984, iJoanI1e M. Yea. City Cterk C!lY 01 Sea. Beoch Oec 5, 1984 . fPubhshed in the Sui 8eac.h Journal