§ 5.36.100. License—Revocation—Suspension.  


Latest version.
  • A.

    The board shall have the right to revoke any issued license following a public hearing held on its own motion or at the request of the director or sheriff after written notice of the revocation hearing is personally served on the licensee or the authorized on-site supervisor or delivered to the licensee's business or residence address as noted in the application at least twenty-four hours prior to such hearing, for any of the following causes:

    1.

    The licensee fails, neglects or refuses to comply with or meet any of the assurances or representations made in the license application;

    2.

    The licensee fails, neglects or refuses to fulfill any of the conditions imposed upon the granting of a license;

    3.

    The licensee permits the event to be conducted in a disorderly manner or allows any person to remain on the premises while under the influence of intoxicating liquor or any narcotic or dangerous drug after being requested by any law enforcement official to arrange for the safe removal of such person from the premises;

    4.

    The licensee violates or attempts to violate any law of the state of California or provision of this chapter, or any county ordinance; and/or

    5.

    The licensee is determined to have made a false, misleading or fraudulent statement of material fact or material omission in the license application, or in any other document required pursuant to this chapter.

    B.

    Written notice of such revocation shall be given to the county sheriff who shall immediately attempt to deliver such notice to the licensee at the business or residence address noted in the application, except that if the licensee or duly authorized representative thereof is present at the revocation hearing, written notice may be given in person immediately following the hearing and decision to revoke, in lieu of delivery to the business or residence address of the applicant. Such revocation shall become effective immediately upon order by the board.

    C.

    The county sheriff may suspend operation and close any event, upon giving the licensee or the authorized on-site supervisor written notice containing the reasons therefor, prior to the expiration of the license in the event of a riot, major disorder or serious breach of the peace when in the sheriff's opinion it becomes necessary to prevent injury to person or persons or damage to property. In the event of such suspension, the licensee shall have the right to request a hearing before the board at the next regular meeting of the board. At the hearing, the sheriff shall report on the reasons for the action, the licensee or duly authorized agent may present oral or written evidence, and the board may take such other additional oral or written testimony as it deems necessary. At the conclusion of the hearing, the board shall either affirm the suspension and revoke the license, or reverse the suspension. If the suspension is reversed, the licensee shall have the right to reapply for a license for an event of the same nature within three hundred sixty-five days of the suspended event and the fee for such reapplication shall be waived.

(Ord. 1272 § 1 (part), 2006)