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Municipal Code, Complete - City of Santa Barbara

Municipal Code, Complete - City of Santa Barbara

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5.09.060 Permit - Issuance.<br />

The Tax and Permit Inspector shall issue the permit provided for in this chapter, unless it is found that one (1) or<br />

more <strong>of</strong> the statements in the application are untrue. (Ord. 3446 §1(part), 1970.)<br />

5.09.070 Permit - Non-transferable.<br />

No permit issued under this chapter shall be transferable. (Ord. 3446 §1(part), 1970.)<br />

5.09.080 Permit - No Authorization to Trespass.<br />

No permit issued under this chapter shall constitute a license or authorization by the <strong>City</strong> to enter into or to<br />

trespass upon any private premises or property without the consent <strong>of</strong> the owner there<strong>of</strong>. (Ord. 3446 §1(part), 1970.)<br />

5.09.090 Permit Suspension or Revocation - Notice and Hearing.<br />

Whenever it shall be shown or whenever the Tax and Permit Inspector has knowledge that any person to whom a<br />

permit has been issued under this chapter has violated any <strong>of</strong> the provisions <strong>of</strong> this chapter or while maintaining any<br />

permitted table, desk or counter has violated any penal law, or that any permittee or any agent or representative <strong>of</strong><br />

such permittee, has made any misrepresentation concerning activities for which any table, desk or counter is<br />

maintained, the Tax and Permit Inspector may immediately suspend the permit issued and give the permittee written<br />

notice, in person or by registered special delivery mail <strong>of</strong> a hearing before a hearing board composed <strong>of</strong> the Tax and<br />

Permit Inspector, the <strong>City</strong> Attorney or his authorized delegate and the <strong>City</strong> Administrator or his authorized delegate,<br />

to be held within five (5) days <strong>of</strong> such suspension to determine whether or not the permit should be revoked. This<br />

notice must contain a statement <strong>of</strong> the facts upon which the Tax and Permit Inspector has acted in suspending the<br />

permit. At the hearing the permittee, and any other interested person, shall have the right to present evidence as to the<br />

facts upon which the Tax and Permit Inspector based the suspension <strong>of</strong> the permit, and any other facts which may aid<br />

the hearing board in determining whether this chapter or other law has been violated or whether a misrepresentation<br />

has been made. If, after such hearing, the hearing board finds that this chapter or other law has been violated or that<br />

misrepresentation has occurred, the Tax and Permit Inspector shall within two (2) days after the hearing, file in his<br />

<strong>of</strong>fice for public inspection and serve personally or by mail upon the permittee and all interested persons participating<br />

in the hearing, a written statement <strong>of</strong> the facts upon which the hearing board based such finding and shall<br />

immediately revoke the permit. If, after such hearing, the hearing board finds that this chapter or other law has not<br />

been violated or that misrepresentation has occurred, the Tax and Permit Inspector shall within two (2) days after the<br />

hearing, mail or give to the permittee a written statement canceling the suspension <strong>of</strong> the permit and stating that no<br />

violation or misrepresentation was found to have been committed. (Ord. 3766, 1975; Ord. 3446 §1(part), 1970.)<br />

5.09.100 Application for Permit - Appeal on Denial or Revocation.<br />

If any person is aggrieved by any ruling on any application filed pursuant to the provisions <strong>of</strong> this chapter, or by<br />

any revocation, such aggrieved person may appeal pursuant to the provisions <strong>of</strong> Section 1.30.050 <strong>of</strong> this <strong>Code</strong>. (Ord.<br />

5136, 1999; Ord. 3446 §1(part), 1970.)<br />

113 rev. 12/31/99

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