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HomeMy WebLinkAboutResolution No. 10-C90RESOLUTION NO. 10-C90 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, REVOKING THE BUSINESS LICENSE OF GREATER CHOICE LOCATED AT 113 E. NEWBURGH ST., AZUSA WHEREAS, Section 18-21 of the Azusa Municipal Code generally provides that every business license granted is subject to the express condition that the city council may revoke the license at any time when it is determined that (1) any state of facts exist upon which it would be authorized to deny an application for such license or permit; (2) the person to whom such license was issued or any of his agents, servants or employees has violated any of the conditions of the license or permit, if any, or terms of the Azusa Municipal Code or of any of the laws of the State of California; WHEREAS, The City Council of the City of Azusa does hereby find, determine and declare the following: On December 6, 2010, a duly noticed hearing was held before the City Council of the City of Azusa pursuant to the provisions of Section 18-21 of the Azusa Municipal Code concerning the revocation of city business license 027288 issued to Dany H. Lee for operation of Greater Choice. WHEREAS, the business was found to be operating in violation of city and federal laws during execution of a search warrant on November 1, 2010; and WHEREAS, on November 18, 2010 business license 027288 was suspended by order of the City Manager. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES FIND, DECLARE AND ORDER THAT: SECTION 1. Recitals. The City Council of the City of Azusa hereby adopts the recitals in this ordinance as findings as if fully set forth herein. SECTION 2. Basis for Revocation of License. The City Council of the City of Azusa hereby finds that there exist sufficient grounds for the revocation of the License granted to Mr. Danny H. Lee for the operation of retail store on property located at 113 E. Newburgh Street, Azusa, California 91702 and makes the following findings in support of such revocation: A. The owner provided false and misleading information to staff during the license application process. Correct and complete information would have prohibited the issuance of the business license, since the issuance of a license to operate a marijuana dispensary is forbidden pursuant to Section 18-31 Azusa Municipal Code. B. The owner carried on his business in violation of city and federal law. RVPUBVNXW668622.1 SECTION 3. License Revocation. Based upon the findings and declarations contained in this resolution, the City Council of the City of Azusa hereby revokes the business license of Greater Choice located at 113 E. Newburgh Street, Azusa, California 91702. Further, the City Council finds and determines the Greater Choice business to be a public nuisance. SECTION 5. Effective Date. This Resolution and Order shall become effective upon its adoption. PASSED, APPROVED AND ADOPTED this 6th day of December 2010. Aoseph R. Rocha, Mayor ATTES �: Vera Mendoza City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )SS. CITY OF AZUSA ) I, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the foregoing Resolution is the actual resolution duly and regularly adopted at a regular meeting of the City Council on the 6`s day of December, 2010, by the following vote, to wit: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, HANKS, MACIAS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAINED: COUNCILMEMBERS: NONE Vera Mendoza City Clerk City of Azusa, California RVPUB\MXM\668622.1