HomeMy WebLinkAbout38.127 ORDINANCE NO. 38. 127
AN ORDINANCE OF THE CITY OF SARATOGA AMENDING
SECTION 4-115 AND REPEALING SECTION 4-116 OF
CHAPTER 4 OF THE SARATOGA CITY CODE PERTAINING
TO THE REVOCATION OF BUSINESS LICENSES
The City Council of the City of Saratoga does ordain as follows:
SECTION 1: Section 4-115 of Chapter 4 of the City Code is hereby amended to
read as follows:
"See. 4-115 Revocation of licenses; hearing; new Heer~e after revocation
(a) Grounds for revoeation. Any license issued pursuant to this Article is
subject to revocation for cause on any one of the following grounds:
(1) A false or fraudulent statement or misrepresentation of any material
fact in the application for the license.
(2) Violation by the licensee of any provision of this Code or any other
ordinance or regulation of the city.
(3) The existence of any ground for which an initial application for a
license would be denied, except for a change in zoning regulations
subsequent to the issuance of the license which results in the business
constituting a lawfully established nonconforming use, in which case,
the use shall be subject to all of the regulations contained in the
city's zoning ordinance pertaining to nonconforming uses.
(4) Conducting the business in an illegal, improper or disorderly manner,
or in a manner which endangers the public health, safety or welfare.
(b) Notice of revocation. The City Clerk shall give notice to the licensee of
the city's intention to revoke the business license and the grounds for such revocation.
The notice shah also set forth the time and place when the matter will be heard by the
City Council. The notice shall be sent to the licensee, at the address of the principal
place of the business shown on the application for the license, at least ten days prior
to the date of the hearing.
(c) Hearing and determination by City Council. At the time and place
indicated in the notice of revocation, the City Council shall conduct a public hearing
to determine whether the business license in question should be revoked. The Council
shall render its decision within ten days after the conclusion of the public hearing.
Until such decision is rendered, the lieensee may continue to operate his business. The
Council may revoke the business license, based upon a finding that one or more
grounds for revocation exist, or the Council may permit the licensee to continue the
operation of his business pursuant to the terms of the original license or subject to
compliance with such additional conditions as the Council may impose in lieu of
revocation. The decision of the City Council shall be final. Any revocation of a
business license shall automatically revoke all identification cards issued in
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conjunction therewith.
(d) New lieease after revocation. Whenever a license has been revoked
pursuant to this Section or for any other reason, no new license shall be issued to the
same applicant or for the same business unless satisfactory proof is first made to the
City Manager that the violation or other matter causing the previous revocation has
been corrected and that there is no likelihood of any repetition of the same. The
burden of proof shall be on the applicant, and he may appeal any adverse decision of
the City Manager to the City Council in accordance with the procedure set forth in
Section 2-3.2 of this Code."
SECTION 2: Section 4-116 of Chapter 4 of the City Code is hereby repealed.
SECTION 3: If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held by a court of competent jurisdiction to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council of the City of Saatoga hereby declares that it
would have passed this Ordinance and each section, subsection~ sentence, clause and
phrase thereof, irrespective of the fact that one or more sections, subsections,
sentences, clauses or phrases may be held invalid or unconstitutional.
SECTION 4: This Ordinance shall be in full force and effect thirty days after its
passage and adoption.
The above and foregoing Ordinance was regularly introduced and after the
waiting time required by law, was thereafter passed and adopted at a regular meeting
of the City Council held on the 20th day of February , 1985,
by the following vote:
AYES: Co~mcilmembers Call~n, Clevenger, MDyles and Mayor Fanelli
NOES: None
ABSENT:
~MAYOR
ATTEST:
~ &, ~24~/ The above and fore,qeir.~ ~ a true and correct
CITY CLERK j> Z
cop>" ,~f OrdinaDce ;~-."--;~.- which has been
published acc,srdii~g to la~.,'.
C Ci rk Date
1/15/85
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