SR-6-C (21)
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-url--oo I NOV 1 0 1981
CA:RHM:SSS:r
C~ty Counc~l Meeting 11-10-81 Santa Monica, California
STAFF REPORT
TO: Mayor and CIty Council
FROM: City Attorney
SUBJECT: Ord~nance Abolishing L1cense Review Board and
Establishing Procedures for License Appeals
At its meeting on November 3, 1981, the City Council
~ntroduced for flrst reading an ord~nance abo11shing the
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License Review Board and creating an alternative adm1nistra-
tive procedure for appeals from dec1sions of various
agenCIes. The ordinance is now presented to the City Council
for adoption.
RECOMMENDATION
It IS respectfully recommended that the accompany~ng
ord~nance be adopted.
PREPARED BY: Robert M. Myers, City Attorney
Stephen Shane Stark, AssIstant City Attorney
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f NOV 1 0 1981
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Agenda Item # 0 <.~ Adopted: / - - /0 ~ 1'/
Was it amended? C/1'__ <:'
VOTE: AffIrmatIve: /:. E ~) -<; (1/-
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DISTRIBUTION: ORIGINAL to be signed, sealed an~ ff.~ in Vault.
NEh'SPAPER PUBLICATION (Date: .. J~v~Ov'1J,l,~:/:
Department oTlginatlng staff report ( ) ,,1 /
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Airport ParkIng Auth. _____
Audltorum Personnel
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BRIELLE) NEW JERSEY 08730 . . 7' - 18:
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CA:RMM:SSS:bl
City Council Meeting 11-10-81 Santa Monica, California
ORDINANCE NO. 1233
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING VARIOUS
SECTIONS OF THE SANTA MONICA MUNICIPAL
CODE TO ABOLISH THE LICENSE REVIEW BOARD
AND ESTABLISH PROCEDURES FOR LICENSE APPEALS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
ORDAIN AS FOLLOWS:
SECTION 1. Sect~on 6124 of the Santa Monica Municipal
Code is amended to read as follows:
Section 6124. Right of Appeal.
Any person aggrieved by the act~on of
any officer or employee of the City
suspending, revoklng, or denying any
permit or license under Artlc1e VI of
this Code may appeal to a Hearing Exam-
iner in accordance with Section 6126.
For purposes of this Code, revocation
shall include a decislon to deny an
application to renew a license or per-
mit. Any reference in this Code to
the License Review Board or License
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Appeal Board shall be deemed to refer
to a Hearing Exam~ner.
SECTION 2. Section 6125 of the Santa Monica Mun~cipal
Code is amended to read as follows:
Section 6125. Void License or
Permit.
(a) The City shall not be bound
by the mistake of any off~cer or
employee of the City in issuing
llcenses or permits contrary to the
terms of th~s Code or of the terms
of any zoning or other ord~nance of
the Clty.
(b) Upon a written statement
of any offlcer or employee of the
C~ty filed with the City Attorney to
the effect that any license or permit
has been issued in contravention of
this Code or any ordinance of the
City, the City Attorney shall fix a
date for a Hearlng Examiner to deter-
mine whether or not the license or
permit shall be revoked. The hearlng
shall be conducted in accordance with
Section 6126.
(c) If, upon such hearing, the
Hearing Examiner finds that such
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lkcense or permit was issued in con-
traventkon of this Code or any ordi-
nance of the City, the Hearkng Exam-
kner shall order the license or per-
mit revoked. Upon such revocation,
the fee for the unexpired portion of
the lkcense or permit shall be re-
funded. After the revocation, all
activity for which such llcense or
permit was required shall be immed-
iately discontinued.
SECTION 3. Section 6126 of the Santa Monica Municipal
Code is amended to read as follows:
Sectkon 6126. Appeal Procedure.
(a) A Hearlng Examiner appoint-
ed by the City Attorney shall hear in
accordance wlth this Section any mat-
ter subject to appeal pursuant to Sec-
tion 6124 or any other determinatkon
which in the discretion of the City
Manager or City Attorney should be
referred for a decision by a Hearing
Examiner.
(b) Standards. The Hearing
Examiner may suspend, revoke, or deny
a license or permit whenever in the
reasonable judgment of the Hearing
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Examiner the suspension, revocation,
or denial is in accordance with any
applicable law.
(c) Rules. The Clty Council
may, by resolutlon, establish rules
for the conduct of the hearing before
the Hearing Examiner. In the absence
of such rules, the Hearlng Examiner
shall be governed by those rules gen-
erally applicable to administrative
proceedings conducted under the
Adminlstrative Procedures Act of the
State of California.
Cd) Hearing. Any person
aggrieved by an actlon appealable to a
Hearing Examiner shall be entitled to
a hearing upon filing a written
request therefor wtth the City Clerk
not later than the tenth day following
the mailing of a notice of the action
from which the appeal is taken. The
Hearing Examiner shall hold a hearing
not later than 30 days following
recelpt of the request by the City
Clerk, unless an extension of the time
therefor is granted by the Hearing
Examiner.
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The applicant shall be g~ven no
less than five days notice of the
t~me and place of said hearing. The
hearing shall be open to the public.
Any interested party is entltled to
be heard and may be represented by
counsel.
(e) Decision of Hearing Exam-
iner. The decision of the Hearing
Examiner shall be made within 15 days
of the conclusion of the hearing.
Notice of the decision shall be mail-
ed to the applicant at his or her
last known mailing address within 20
days of the conclusion of the hearing.
(f) Stay Pendlng Hearing~ The
suspension or revocation of any per-
mit or llcense for which a r~quest
for review has been timely filed
under this Section, shall be stayed
pending decision of the Hearing Exam-
l.ner. Nothing in thlS subsect1.on
shall be construed to requlre any
officer or employee of the City to
issue any permit or license.
(g) Right of Appeal to City
Council. Any decision of the Hearing
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Examiner may be appealed to the City
Counc~l by filing a written not~ce
thereof wlth the City Clerk within 10
days after the notice of the decision
of the Hearing Examiner has been
mailed. The right of appeal to the
Clty Council is conditioned upon the
payment of fees to the City in an
amount sufficient to recover the cost
of the City incurred in preparat~on
of the record and transcript of the
proceedings before the Hear~ng
EXarn~ner.
(h) Action by Clty Council.
The City Council shall make a deci-
sion withln 4S days after receipt of
the notice of appeal by the City
Clerk. In making its decision, the
City Council shall exercise lndepen-
dent judgment in evaluating the record
and transcript of the proceedings.
No new evidence shall be presented to
the City Council upon appeal unless
it is established that the parties
with reasonable dlligence could not
have submitted such evidence to the
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Hearing Exam1ner. The decision of
the City Councll shall be f1nal on
the date the decision is made.
( i ) No Stay Pending Appeal to
City Counell. The suspension or
revocat1on of any permit or license
which has been sustained by the
Hear1ng Examiner shall not be stayed
pending appeal to the City Council
but shall be effective immediately
upon the date of malling of notice of
the decision of the Hearing Exam-
iner.
( j ) ReVlew of City Council
Decision. The decision of the City
Council shall be reviewable by
petition filed pursuant to Code of
civil Procedure Section 1094.5, pro-
vlded such review is sought not later
than the 90th day following the date
on WhlCh the decision becomes flnal
in accordance with provisions of
Section 1400 of this Code and Code of
Civil Procedure Section 1094.6.
SECTION 4. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions
of this ordinance, to the extent of such inconsistencies and
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no further, is hereby repealed or modif1ed to that extent
necessary to affect the provisions of this ordinance.
SECTION 5. If any section, subsectlon, sentence,
clause, or phrase of this ordinance is for any reason held to
be invalid or unconstitutional by a decision of any court of
competent jurisdictlon, such decision shall not affect the
validity of the remaining portions of the ordinance. The
City Council hereby declares that it would have passed this
ordinance and each and every sectlon, subsection, sentence,
clause, or phrase not declared invalid or unconstitutional
wlthout regard to whether any portion of the ordinance would
be subsequently declared invalid or unconstitutional.
SECTION 6. The Mayor shall sign and the City Clerk
shall attest to the passage of this ordinance. The City
Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. The
ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS
Clty Attorney
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ADOPTED AND APpoQVEO THIS 10th DAY
OF :iovember , 1 981 .
(k,
I HEREBY CERTIFY THAT THE FOREGOING ORDI~ANCE,
NO. 1233 CCCS) , HAS DUL Y Arm REGULARLY INTRODUCED AT A
r1EET lNG 0 F THE CITY COUNC I L ON THE 3rd DA Y OF November,
1981; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED
AT A MEETING OF THE CITY COUNCIL ON THE lOth DAY 0 F )Jovember
1981 BY THE FOLLOHING COUNCIL VOTE:
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AYES: C 0 U U elL M Et~ B E R S : Conn, Edwards, Jennings, Zane,
Mayor Yannatta Goldway
ttO E S : CO U N elL ~l P1 B E R S : None
ABSENT: COUNe IU1EtlGERS: Press, Reed
ABSTAIN: COU NC I U1Et1BERS: ).:one
ATTEST:
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!C I T Y C L E R K
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