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HomeMy WebLinkAboutOrdinance No. 639 ORDINANCE NO. 639 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING CERTAIN PROVISIONS OF THE AZUSA MUNICIPAL CODE RELATING TO THE REVOCATION AND SUSPENSION OF BUSINESS LICENSES. The City Council of the City of Azusa does ordain as follows: SECTION 1. Section 6101 of the Azusa Municipal Code is hereby amended to read as follows: "SECTION 6101. PURPOSE. The purpose of this Chapter is to license, for revenue, and/ or regulation, the carrying on in the City of various lawful busi- nesses, professions, trades, callings, and/or occupations. Where it is lawful to license for purposes of both revenue and regu- lation, then the license hereunder is for both those purposes. Where it is lawful to license only for regulation, then the license hereunder is for that purpose. And where it is lawful to license only for revenue, the license hereunder is for that purpose only, and the regulatory provisions of this Chapter shall not apply. " SECTION 2. Section 6148 of the Azusa Municipal Code is hereby amended to read as follows: "SECTION 6148. REVOCATION AND SUSPENSION. Every license heretofore or hereafter granted under the provisions of this Chapter or any preceding ordinance is granted and used by all parties receiving or using the same subject to the express condition that the City Council may revoke the same at any time when it is determined by the City Council that any state of facts exists upon which it would be authorized to deny an application for such license, or permit, if required, or that the person to whom such license was issued or any of his agents, servants or employees, or any other person in charge of or employed about the business for which the same was issued, has violated any of the conditions of the license, or permit, if any, or terms of this Code or of any law of the state, now or hereafter in force, regulating the occupation or business for which such license is issued, or that the license or permit was obtained by fraudu- lent representations, or that the holder thereof is an unfit person to be trusted with the privileges granted by said license, or has conducted his business in an immoral or disorderly manner, or has failed to make every reasonable effort to maintain order among his customers and patrons and to prevent violations of law or ordinance by them, or that the business has been so conducted as to be a public nuisance; provided, however, that no license shall be revoked without giving the holder thereof an opportunity to appear before the City Council and be heard in his own behalf. The City Council shall cause a notice of such hearing to be given to the holder of such license at a time not less than five days before the hearing. At the time set for the hearing or at the date to which said hearing may be continued by the City Council, the holder of the license may be heard and may present any facts to show why such license shall not be revoked, and the City Council shall hear statements from other persons who may attend the hear- ing and present reasons why the license should or should not be revoked, and may, if it so desires, place under oath and question any person before it; provided, that the City Council may close the hearing when it is convinced that no public good will result -1- from its continuance . At the close of the hearing, or at any time within thirty days thereafter, the City Council shall deter- mine from the facts produced at the hearing, and from any other facts in its possession, whether or not the license should be revoked, and shall make its order accordingly and may make such order conditional upon the doing or not doing of any act by the holder of the license or his agents or servants, which the City Council deems for the public good. On the revocation of the license no part of the money in the hands of the City shall be returned, but such license fee shall be forfeited to the City. Notice of such revocation shall be given to the license holder by the City Clerk. A license may be suspended for such time and subject to such conditions as the City Council may impose in the same manner and for the same reasons that a license may be revoked. " SECTION 3. This ordinance is hereby declared to be neces- sary for the immediate preservation of the public peace, health and safety, and shall take effect immediately on its passage. The facts constituting its urgency are as follows: There now exist within the City of Azusa several business establishments holding licenses issued by the City which are conducted in such a manner as to cause or attract or permit repeated violations of the law and activities inimical to public peace, health, safety and morals. An amendment of the Azusa Municipal Code to permit the revocation of business licenses issued to such establishments upon proof of proper grounds of revocation is urgently and immediately required. SECTION 4+. The City Clerk shall certify to the passage of this ordinance and shall publish the same as required by law. Passed and approved this 15th day of August , 1960. � yor STATE OF CALIFORNIA COUNTY OF LOS ANGFT.ES SS. CITY OF AZUSA George Caswell,Deputy I, XJAMIXq4owim , City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 639 was regularly introduced and passed at a regular meeting of the City Council on the 15t1-day of August , 1960, by the following vote, to-wit: AYES: Councilmen: Paul, McLees, Johnson, Teasley, Ortuno NOES: Councilmen: None ABSENT:Councilmen: None 2 Deputy City ?" erk I do further certify that I caused said Ordinance to be published prior to the expiration of fifteen days from the passage thereof in the Azusa Herald and Pomotropic, a newspaper of general circulation, printed, published and circulated in the City of Azusa, on the 22 day of August , 1960, and that the same was published in accordance with law. a-Q AA_C 0 cL Deputy ty Clerk -2-