Ord98 2141 - Laserfiche WebLink

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(a) On determining that grounds for the Permit revocation exist, the Zoning Administrator or Police Chief shall furnish written notice of hearing on the proposed suspension or revocation to the Permittee. Such notice shall set forth the time, date and place of the hearing, and the ground or grounds upon which the proposed suspension or revocation is based, together with a brief statement of the factual matters in support thereof. The notice shall be delivered personally, or mailed by depositing the same with the United States Postal Service, first-class postage prepaid, addressed to the last known address of the Permittee, not less than ten (10) days' prior to the hearing date. A Hearing Officer appointed by the City Manger, who shall not be the Zoning Administrator or Police Chief, shall preside at the hearing. The Heating Officer shall hear testimony offered on behalf of the Permittee and the Zoning Administrator or Police Chief, as the case may be. Formal rules of evidence shall not govern the proceedings, and any relevant evidence which is of the sort upon which reasonable persons are accustomed to rely shall be admissible. The Hearing Officer shall make his or her determination upon the proposed suspension or revocation within ten (10) days of the conclusion of the hearing. The Hearing Officer may deny the proposed suspension or revocation, in which case the Permit shall remain in full force and effect, or the Hearing Officer may suspend or conditionally suspend the Permit, or revoke or conditionally revoke the Permit. Any suspension shall state the term thereof. The decision of the Heating Officer may be appealed to the Council pursuant to Section 18B.12. (b) A Permit may be suspended or conditionally suspended, or revoked or conditionally revoked, for any of the following causes: (i) Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation; (ii) Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur; (iii) Any conduct constituting a criminal offense that requires registration under Section 290 of the California Penal Code; (iv) The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316, or 318 or Subdivision (b) of Section 647 of the California Penal Code; (v) Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to Sections 311 through 313.4; AdOrd-1 15 f/slffsh/RC//Conll~v 04/22/98 DES:rg