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CC Resolution 10379 RESOLUTION NO. 10379 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL REVOKING THE BUSINESS LICENSE OF SYNXSYS COMPUTERS The City Council of the City of Campbell having held a hearing pursuant to Campbell Municipal Code Section 5.01.150, and based on substantial evidence before it, finds as follows with regard to the business license issued to Christian Felipe' Rodriguez ("licensee") for the business commonly known as Synxsys Computers: 1. The business has provided computer repair services without being registered with the Bureau of Electronic Appliance Repair (B.E.A.R.), which is in violation of California Business and Professions Code 9840; 2. The Better Business Bureau has nine complaints registered against the business; 3. A customer never received their merchandise and had spent a month trying to receive a refund. The Police Department contacted Licensee Christian Rodriguez several times, and was only able to obtain a refund after making references to arrest for the crime of fraud; 4. On January 28, 2004 a customer asserted that when he came to the store and demanded the return of his computer which had not been properly repaired he was physically assaulted by Christian Rodriguez; 5. On May 29,2004 Chris Rodriguez was involved in a physical altercation with an employee that he suspected was stealing from him; 6. Also on May 29,2004, someone burglarized that same employee's residence and took a laptop computer. The employee stated that this stolen laptop reappeared in Christian Rodriguez's business, Synxsys Computers; 7. Six people have given Christian Rodriguez deposits and have not received any merchandize. All claim that Mr. Rodriguez led them on with numerous false claims that the products had arrived, and then became elusive when they asked for a refund; 8. Mr. Rodriguez owes one couple $5,500.00; another customer $3,100.00; another $1,400; another $3,465; and 9. Mr. Rodriguez also gave a customer a non-sufficient funds check in the amount of $1,000.00 as part of a $1,500.00 refund. Wherefore, based on the foregoing findings of fact, the City Council further finds and concludes: 1. The continuance of the operations of the licensee under such license shall be contrary to the public health, safety, peace, welfare and morals; 2. The establishment is being operated in violation of penal provisions of applicable law; 3. The conduct of the business constitutes a public nuisance, and is otherwise improper and disorderly. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Campbell that the business license held by Christian Felipe' Rodriguez is hereby revoked. Passed and adopted this3rd day of Aug ., 2004, by the following vote: Ayes: Counci1members: Furtado, Watson, Dean, Kennedy, Burr Noes: Counci1members: None Absent: Counci1members: None Abstaining: Counci1members: None Not Participating: Counci1members: None Approved: <-oo--==-:-v .~ ~~ Honorable Donald R. Burr, Mayor Attest: ~ 0 / . / / "'-'-----.. Anne C. Bybee, City Clerk