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Ord99 2163
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Ord99 2163
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Last modified
10/11/2019 3:07:39 PM
Creation date
10/11/2019 3:07:38 PM
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Template:
CC Index
CC Index - Document Type
Ordinance
Agency Type
City Council
Date
6/28/1999
Description
ORDINANCE NO. 2163 ORDINANCE AMENDING SECTIONS 18B.11 AND 18B.12 OF THE CODE OF THE CITY OF REDWOOD CITY RELATING TO SUSPENSION OR REVOCATION OF ADULT ORIENTED BUSINESS REGULATORY AND PERFORMER PERMITS AND APPEALS OF DENIAL, SUSPENSION OR REVOCATION OF SUCH PERMITS, RESPECTIVELY The Council of Redwood City does ordain as follows: SECTION 1. Findings. This Council hereby finds and determines as follows: (a) On May 11, 1998 this Council adopted Ordinance No. 2141 entitled, "Ordinance Adding Chapter 18B to the Code of the City of
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SECTION 3. Section 18B.12 of the Code of the City of Redwood City is <br />hereby amended to read as follows: <br /> <br /> "Section 18B.12. Appeal of Denial, Suspension, or Revocation. <br /> <br /> All decisions of the Zoning Administrator or Police Chief, as the case may <br />be, to issue, renew, deny, suspend or revoke a permit shall become final within <br />thirty (30) calendar days from the date of the decision. After any denial, <br />suspension or revocation, the applicant or permittee may seek prompt judicial <br />review of such decision in any court of competent jurisdiction as provided by <br />law. Notwithstanding the applicant's or permittee's right to initiate judicial review, <br />the City shall, upon written request of an aggrieved applicant or permittee, within <br />three (3) business days of receipt of the request, file an action with a court of <br />competent jurisdiction seeking declaratory and injunctive relief, including <br />temporary and preliminary relief, as to the propriety of the denial, suspension or <br />revocation. <br /> <br /> If the City denies an initial or renewal application for a permit, or suspends <br />or revokes a permit, and the aggrieved applicant or permittee commences a <br />legal action to determine the validity of the denial, or files a written request in the <br />manner set forth herein that the City commence such action, then the City shall <br />issue a temporary permit and the City's denial shall be stayed. The temporary <br />permit shall remain in effect only until the court in which the action is pending <br />renders a decision on an application for a temporary restraining order, a motion <br />for preliminary injunction, or otherwise rules, either preliminarily or finally, upon <br />the propriety of the permit denial. Upon whichever such ruling occurs first, the <br />stay of the denial shall expire and the City shall conform its action to the court's <br />ruling. <br /> <br /> A temporary permit issued pursuant to this section shall not grant any <br />vested or permanent rights to the permittee, or any right to the permit subject to <br />judicial review." <br /> <br /> SECTION 4. This Ordinance shall be effective thirty (30) days after its <br />adoption. <br /> <br />Ord-070 4 <br />f/sh/sh/redwood/council 2 1 6 3 <br />DES:djk;rg <br />06102199;06103199 <br /> <br /> <br />
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