Municipal Code, Complete - City of Santa Barbara

9.45.050 Revocation of Business License, Permit or Other Entitlement.
A. Notice of Violation. An officer of the City authorized to enforce this chapter by the City Administrator who
finds any person or business within the City of Santa Barbara operating in violation of this chapter or California
Health and Safety Code Sections 11364.5 or 11364.7 shall deliver a notice to the owner, manager, proprietor or other
person in apparent charge or control of any such business clearly specifying the nature of the violation and
demanding that said business immediately cease and desist from violating the provisions of this chapter or Health and
Safety Code Sections 11364.5 or 11364.7. After twenty-four (24) hours have elapsed after the delivery of the above
notice, the City Administrator or his delegate is authorized to issue a second notice if the same or similar violations
continue.
B. Revocation. If any person or business receives two (2) notices referred to in section 9.45.050A within a
period of eighteen (18) months, the City Administrator or his delegate shall schedule a revocation hearing before the
Board of Fire and Police Commissioners requesting the revocation of a permit, license or other entitlement to conduct
such business.
C. Notice of Hearing. At least ten (10) days prior to the hearing requesting the revocation of the permit, license
or other entitlement to conduct business, the City Administrator or his delegate shall give written notice to the
permittee or licensee of business. Said notice shall give the time, date and place of the hearing and specify the
grounds for revocation. The permittee or licensee shall be entitled to review any documentary or physical evidence
that will be introduced at the hearing if such a request is made in a timely manner before the hearing.
D. Conduct of Hearing. The Board of Fire and Police Commissioners shall establish the rules for hearings
conducted under this chapter.
E. Evidence. The following evidentiary rules shall apply to hearings conducted under this chapter:
(1) Oral evidence shall be taken only under oath.
(2) Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine
opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct
examination, to impeach any witness regardless of which party first called him to testify, and to rebut the evidence
against him. If the permittee or licensee does not testify in his own behalf, he may be called and examined as if under
cross-examination.
(3) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any
relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in
the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make
improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the
purpose of supplementing or explaining other evidence, but shall not be sufficient in itself to support a finding unless
it would be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they
are otherwise required by statute to be recognized at the hearing, and irrelevant and unduly repetitious evidence shall
be excluded.
F. Decision and Findings. The Board of Fire and Police Commissioners shall make findings relating to its
decision on a revocation or denial of a permit, license or other entitlement to conduct business.
G. Revocation. If the Board of Fire and Police Commissioners makes a finding that the permittee or licensee
has violated the provisions of this chapter or Health and Safety Code Sections 11364.5 or 11364.7, the permit, license
or other entitlement shall be revoked for sixty (60) days and the permittee or licensee shall not be issued another such
permit, license or entitlement by the City during that period of revocation. If a person or business has such a permit,
license or entitlement revoked for a second time within two years, the period of the second revocation shall be six (6)
months.
H. Denial of Permit. The denial of a permit, license or other entitlement under this chapter shall be appealable
to the Board of Fire and Police Commissioners.
I. Final Decision. The decision and findings under this chapter of the Board of Fire and Police Commissioners
are final. (Ord. 4218, 1983; Ord. 4083, 1980.)
214-2 rev. 6/30/93