5.06.080 Permit – Denial and appeals.

   (A)   Denial. If the Chief of Police finds any facts prohibiting issuance or renewal of the permit as set forth in § 5.06.060, the Chief of Police shall not approve the permit application.

   (B)   Appeal. Any person aggrieved by a decision of the Chief of Police with reference to the issuance or denial of a permit may appeal the matter pursuant to § 5.06.100 below.

(`78 Code, § 5.06.080.) (Ord. 2883 § 4, 2007; Ord. 2420 § 2, 1999.)

5.06.090 Suspension and revocation.

   (A)   Whenever the Chief of Police finds that the permit is being exercised contrary to the applicable conditions of approval or contrary to the requirements of this chapter, the Chief of Police may seek to suspend or revoke the permit.

   (B)   After an investigation, the Chief of Police may suspend or revoke an existing permit, or modify the conditions attached to an existing permit, if he or she finds that:

      (1)   The operation or business has been cited and has had an applicable alcohol beverage license revoked by the California Department of Alcoholic Beverage Control for acts in violation of an alcohol license;

      (2)   An act has occurred with respect to the operation which, under the provisions of § 5.06.060, would be sufficient for denial of an application for a permit; or

      (3)   An act has occurred with respect to the operation which, under the provisions of § 5.06.070, would constitute a violation of the conditions of the permit.

(`78 Code, § 5.06.100.) (Ord. 2883 § 4, 2007; Ord. 2420 § 2, 1999.)

5.06.100 Appeal.

   Any person aggrieved by a decision of the Chief of Police with reference to the issuance, renewal, denial, suspension or revocation of a permit may appeal pursuant to Chapter 1.09 of this Code.

(`78 Code, § 5.06.100.) (Ord. 2883 § 4, 2007; Ord. 2420 § 2, 1999.)

5.06.110 Judicial review.

   (A)   As provided for in § 1.09.090, any person aggrieved by the final decision on appeal may obtain review of the decision by filing a with the court of competent jurisdiction over the matter, in accordance with the applicable provisions set forth in the California Government Code, Code of Civil Procedure, or other applicable law.

   (B)   In recognition of the issues described in §§ 1.09.050 and 1.09.060(c), if the hearing officer's decision has the effect of denying an initial or renewal application, and the aggrieved applicant or permittee commences legal action to determine the validity of the denial within the time required by law, then the city shall issue a temporary license. The temporary license shall remain in effect only until the court in which the action is pending renders a judicial decision on an application for temporary restraining order, a motion for preliminary injunction and the like as to the propriety of the denial or nonrenewal.

   (C)   In recognition of the issues described in §§ 1.09.050 and 1.09.060(c), if the hearing officer's decision has the effect of revoking or suspending a license, and the aggrieved applicant or permittee commences legal action to determine the validity of the revocation or suspension within the time required by law, such revocation or suspension of the license will be stayed pending a judicial decision on the propriety of the revocation or suspension, based upon an application for temporary restraining order, a motion for preliminary injunction or other form of judicial review.

   (D)   Any temporary license issued pursuant to this chapter shall not grant any vested rights on the holder of the temporary license. The applicant or permittee shall sign a disclosure and agreement form stipulating to the absence of any vested rights.

   (E)   In recognition of the issues described in § 1.09.050, within five court days after receipt of written notification from an aggrieved applicant or permittee that judicial review will be pursued, the city shall prepare, certify and make available the administrative record to the applicant or permittee.

   (F)   The city shall comply with all requirements for expedited judicial review contained in the applicable provisions set forth in the California Government Code, Code of Civil Procedure, or other applicable law.

(`78 Code, § 5.06.110.) (Ord. 2883 § 4, 2007; Ord. 2420 § 2, 1999.)

5.06.120 Violations - Penalty.

   Any person, firm or corporation violating any of the provisions of this chapter is guilty of a misdemeanor. In addition to the penalties provided in this code, the entertainment permit previously issued shall be void and shall be revoked by the Chief of Police.

(`78 Code, § 5.06.120.) (Ord. 2347 § 4, 1998; Ord. 1809 § 26, 1986.)