ARTICLE 2 DEFINITIONS – AUTHORITY AND PROCEDURE – REVOCATION OF PERMITS

Section

22.00   Permits – Board of Police Commissioners.

22.01   Permit Requirements Limited to Original Permits.

22.02   Power to Revoke and Suspend Permits or Certificates – Procedure.

22.03   Board to Notify Permittee.

22.04.1   Failure to Pay Fee Due Under Article 1 of this Chapter.

22.05   Suspended or Revoked Permits – Permittee Not to Engage in Business.

22.06   Misstatement in Application – Grounds for Revocation.

22.11   Licenses – Veteran’s Exemptions.

22.11.1   Veterans’ Exemptions – Subterfuge Prohibited.

22.12   Refunds – Tax, License and Permit Fees in Excess of $5,000.

22.13   Refunds of Tax, License, Permit or Application Fees by Heads of Departments.

SEC. 22.00. PERMITS – BOARD OF POLICE COMMISSIONERS.

   (a)   Definition. For the purposes of this chapter, “Board” shall mean the Board of Police Commissioners unless otherwise specifically provided.

   (b)   Applications. Notwithstanding any provision of this Code to the contrary, every person desiring to conduct, manage, carry on or engage in any business for which a permit is required from the Board under this Code, shall file the application for such permit with the Director of Finance upon forms provided. Applications for change of location, change of ownership, additional locations, or for special officer commission shall be filed with the Director of Finance. Upon receipt of the application for a permit or applications for change of location, change of ownership, additional locations or for special police officer commissions, the Director of Finance shall send such applications to the Board. (Amended by Ord. No. 137,438, Eff. 11/7/68.)

   (c)   Permit Fees. Notwithstanding any provision of this Code to the contrary, all fees for permits from the Board, annual police permit fees, change of location fees, change of ownership fees and special fees for additional locations shall be collected by the Director of Finance. Upon receipt of said fees provided by this Code, the Director of Finance shall deposit such fees with the City Treasurer. (Amended by Ord. No. 137,438, Eff. 11/7/68.)

SEC. 22.01. PERMIT REQUIREMENTS LIMITED TO ORIGINAL PERMITS.

   All provisions of this Code and of any other ordinance of this city which provide that no person shall conduct, carry on, or engage in any business, profession, trade or occupation or do or allow to be done any act, without first obtaining a permit from the Board so to do, shall be deemed to apply only to those cases wherein original permits are sought. In cases involving revocation or suspension proceedings before the Board, the permittee may, upon paying the annual police permit fee, continue the activity authorized by their permits pending action of the Board upon such proceedings. (Amended by Ord. No. 137,438, Eff. 11/7/68.)

SEC. 22.02. POWER TO REVOKE AND SUSPEND PERMITS OR CERTIFICATES – PROCEDURE.

   Any permit or certificate granted pursuant to the provisions of this Code to any person to conduct, carry on or engage In any business, profession, trade or occupation by any Board, Commission or other person having authority to do so, unless provision is otherwise specifically made, shall not be revoked or suspended except as provided in this section.

   No such permit or certificate shall be revoked or suspended until a hearing upon written notice to the permittee or certificate holder shall have been had by the Board, Commission or other person having authority to do so. Written notice of such hearing shall be served upon the permittee or certificate holder in the manner provided for the giving of notice in Section 11.00 of this Code.

   Such notice shall state:

   (a)   The grounds for complaint or reasons for the revocation or suspension in clear and concise language.

   (b)   The time when and the place where such hearing is to be held.

   If a verified complaint is required to be filed with the Board, Commission or other person having authority to revoke or suspend such permit or certificate, or if any Board or Commission shall have power to initiate its own complaint, then a true and correct copy of such complaint shall be served on the permittee or certificate holder in lieu of stating the grounds of complaint. However, notice of the time when and the place where such hearing is to be held shall be served with such complaint.

   Such notice or copy of complaint shall be served or given to the permittee or certificate holder at least five (5) and not more than ten (10) days prior to the date set for said hearing.

   At any such hearing the permittee or certificate holder shall be given an opportunity to be heard and defend themselves, and the permittee or certificate holder may call witnesses in their behalf.

   The Board, Commission or other person conducting such hearings may continue such hearings from time to time upon good cause being shown therefor.

   After conducting such hearing the Board, Commission or other person having authority may suspend or revoke any such permit or certificate upon such terms and conditions as, in the exercise of a reasonable and sound discretion, it shall determine.

Revocation of permit granted by it by a municipal board is a proper exercise of police power.

Vaughn v. Board of Police Commissioners, 59 Cal. App. 2d 771, 775.

SEC. 22.03. BOARD TO NOTIFY PERMITTEE.

   The Board, Commission or other person having authority to revoke or suspend such permits or certificates shall, orally or in the manner provided in Section 11.00 for giving notice, notify permittee or certificate holder of any finding, suspension or revocation made by it or any conditions attached thereto.

SEC. 22.04.1. FAILURE TO PAY FEE DUE UNDER ARTICLE 1 OF THIS CHAPTER.

   Whenever under any provision of this Code a regulatory permit is required for the conduct of any business or occupation upon which a business tax is imposed by Article 1 of this chapter, or upon which a parking occupancy tax is imposed by Article 1.15 of this chapter, the failure to pay that business tax or parking occupancy tax will be grounds for the suspension or revocation of the permit, but the procedure outlined in Section 22.02 shall be followed. (Amended by Ord. No. 180,488, Eff. 3/7/09.)

SEC. 22.05. SUSPENDED OR REVOKED PERMITS – PERMITTEE NOT TO ENGAGE IN BUSINESS.

   No person whose permit or certificate has been revoked or suspended pursuant to Section 22.02, or pursuant to any other provision of this Code, shall engage in or carry on any business or do any act permitted to be done pursuant to such permit or certificate during the period of suspension or after revocation thereof, until a new permit or certificate shall have been granted.