(A) A license may be revoked, based on any of the following causes arising from the acts or omissions of the licensee:
(1) The licensee has made a false, misleading or fraudulent statement of material fact in the application for a performer license.
(2) The licensee has pled guilty, nolo contendere or been convicted of an offense as set forth in § 5.51.030(c)(10).
(3) The licensee has failed to comply with any of the operating standards of Chapter 5.50 applicable to a performer or the requirements of this chapter.
(B) In determining that grounds for license revocation or suspension exist, the Director will furnish written notice of the proposed action to the licensee.
(1) Such notice will set forth the time and place of a hearing before the Director or a hearing officer, the grounds, including the factual matters, in support of such proposed action, and the pertinent code sections.
(2) The notice will be mailed, postage prepaid, to the last known address of the licensee, or personally delivered to the licensee, at least ten days prior to the hearing date.
(C) At the hearing, the licensee will have the right to offer testimonial, documentary and tangible evidence bearing upon the issues.
(1) The Director or hearing officer will not be bound by the formal rules of evidence.
(2) Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness at the request of the licensee.
(D) After the hearing, the Director or hearing officer will either sustain or overrule the decision of the Director and render a written decision within two business days of the hearing.
(1) The decision will be sent by certified mail to the applicant or licensee.
(2) The decision of the Director or hearing officer must include reference to the right to prompt judicial review under Cal. Civ. Proc. Code § 1094.8.
(E) The action by the Director or hearing officer will be final unless timely judicial review is sought pursuant to Cal. Civ. Proc. Code § 1094.8.
(Ord. 4496, passed 5-29-07)