Ordinance 1999-24ORDINANCE NO. 99-24
AN EMERGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF GILROY AMENDING CHAPTER 13,
ARTICLE V, SECTION 13.45, REGARDING REVOCATION, MODIFICATION,
OR SUSPENSION OF LICENSES; VIOLATION; NOTICE; HEARING
WHEREAS, the City Council finds that to protect the health, safety and welfare
of the residents of Gilroy, the City may revoke, suspend or modify licenses of certain
licensees who have conducted or operated a business so as to be detrimental to the public
safety, morals or the public welfare; and
WHEREAS, the City Council further finds that adequate remedies for the
revocation, suspension or modification of hccnses are for the benefit and in the interest of
the health, safety and welfare of the residents of Gilroy.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I
Chapter 13, Section 13.45, entitled "Revocation or suspension; violation; notice;
hearing" is hereby amended to read as follows:
"13.45. Revocation, modification or suspension; violation; notice;
hearing.
(1)
In the event that the Chief of Police has reasonable cause to believe and does
believe that any licensee or other person employed by or representing such
licensee is violating any of the provisions of this chapter or any other law or
ordinance relating to the business of the licensee, or is conducting or has
conducted or operated such business so as to be detrimental to the public
morals or the public welfare, all facts and information relating to such alleged
violation or conduct shall be reported to the City Administrator. Prior to
taking action affecting the license, the City Administrator, at his sole
discretion, shall elect to proceed according to either subsection (1) or
subsection (2) below.
A heating shall be set for a regular or special meeting of the City Council, and
the licensee shall be given at least ten (10) days written notice by registered or
certified mail of the substance of the alleged violation and the date of said
hearing. The City Council shall hear and receive evidence, written and oral,
upon all issues involved, and shall have the power to revoke, modify or
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ORDINANCE NO. 99-24
suspend such license. The decision of the City Council shall be final and
binding upon all parties.
(2) The matter shall be set for an administrative hearing to revoke, modify, or
suspend the license pursuant to the City's administrative heating policy, if
such a policy has been adopted by the City Council."
SECTION II
If any section, subsection, subdivision, sentence, clause or phrase of this
Ordinance is for any reason held to be unconstitutional or otherwise void or invalid by
any court of competent jurisdiction, the vahdity of the remaining portion of this
Ordinance shall not be affected thereby.
SECTION III
This Ordinance, pursuant to Gilroy City Charter, Article 6, Section 602 is hereby
declared by the City Council to be necessary as an emergency measure and shall take
effect immediately and be in full force and effect upon its adoption. The City Council
finds that to protect the health, safety and welfare of the residents of Gilroy, the City may
revoke, suspend or modify licenses of certain licensees who have conducted or operated a
business so as to be detrimental to the public morals or the public welfare, and it is in the
public's interest that the City adopt additional remedies for the revocation, suspension or
modification of such licenses on an urgent basis.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF
GILROY this 20th day of December, 1999, by the following vote:
AYES:
NOES:
COUNCILMEMBERS:
COUNCILMEMBERS:
MORALES, PINHEIRO, SUDOL,
VELASCO, SPRINGER
G. ARELLANO, P. ARELLANO
ABSENT: COUNCILMEMBERS:
Rhonda Pellin, City Clerk
NONE
APPROVED:
Thomas W. Springer,
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ORDINANCE NO. 99-24
I, RHONDA PELL1N, City Clerk of the City of Cfilroy, do hereby certify that the attached
Ordinance No. 99-24 is an original ordinance, duly adopted by the Council of the City of Cdlroy at
a regular meeting of said Council held on the 20th day of December, 1999, at which meeting a
quorum was present.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Cfilroy this 26th day of January, 2000.
City ~lerk of the City of Gilroy
(Seal)