CC Ordinance 1791ORDINANCE NO. 1791
BEING AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY
Or CAMPBELL AMENDING
SUBTITLE V OF TITLE 5 OF
THE CAMPBELL MUNICIPAL
CODE, REGARDING DENIAL OF
BUSINESS LICENSE PERMITS
The City Council of the City of Campbell does ordain as
follows:
SECTION ONE: Subtitle V of Title 5 of the Campbell
Municipal code, Re�jised, is hereby amended as follows:
read:
A. The heading of subtitle V is hereby amended to
V DENIAL and REVOCATION
B. Section 5.01.136 is hereby added to read as
follows:
5.031.136. Grounds for Denial. The City may deny an
application for a permit required under this Title under any of
the following circumstances:
(A) The operations under the proposed
application would be contrary to the public health, safety,
peace, and welfare of the neighborhood or City as a whole, or
would constitute a public nuisance;
(B) The proposed operations would constitute a
violation of applicable law;
(C) The application contains misrepresentation of
a material fact by the applicant;
(D) The applicant has operated similar
establishments which had a history of any of the foregoing
grounds for denial;
(�) The proposed establishment, due to its
nature, -Location, or operation, would cause an undue
misallocation of police and safety personnel; or
(F) The permit would result in an undue
concentration of live entertainment establishments.
C. Section 5.01.138 is added to read as follows:
5.01.138. Notice and Hearing on Denial.
(A) Prior to denial of a permit under this Title,
the City Council shall hold a hearing, noticed as provided in
S U b S C C t i o n 1-- /;
(B) Notice of the hearing shall be sent to the
applicant, at the address stated on the application, by first
class mail at 'Least five (5) days prior to the hearing. The
notice shall state the date, time, place and nature of the
hearing;
(C) At the hearing the applicant may present any
relevant evidence as to why his permit should not be denied. The
City Council shall consider all of the informiation presented to
it, and determine whether or not to deny the application. If the
City Council denies the application, the applicant shall not be
permitted to conduct the proposed business within the City of
Campbell.
D. The heading for section 5.01.140 is amended to
read: "1.01.140 Revocation Generally".
E. The heading for section 5.01.145 is amended to
read: "5.01.145 Grounds for Revocation."
F. The heading of section 5.01.150 is amended to read:
115.01.150 Hearing on Revocation."
G. The heading of section 5.01.155 is amended to read:
"5.01.155 Notice of 'nearing on Revocation."
SECTION TWO: Subsection (A), (B) and (C) of Section
5.01.136 as hereby enacted constitute a clarification of
existing law as interpreted from Campbell Municipal Code section
5.31.145, and are not to be construed as a change in the law.
Passed and adopted this 6th day of _
FFRRITARV 1990, by the following roll
call vote:
AYES: COUNCILMEMBERS: KOTOWSKI,
NOES: COUNCILMEMBERS: NONE
ABS ENT/?:Ba TAI N : COUNCILMEMBERS:
ATT T:
A " L<,
, � " J- , � - 4
B rbara Olsasky, Ci y Clerk (I---
WATSON, CONANT, BURR, ASHWORTH
NONE
Approved by:
J n Ashworth, N,ayor