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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