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Ordinance 2000-02ORDINANCE NO. 2000-02 AN 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 licenses 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. 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 infomaation 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. (1) 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 suspend such license. The decision of the City Council shall be final and binding upon all parties. 465112vl 1 ORDINANCE NO. 2000-02 (2) The matter shall be set for an administrative hearing to revoke, modify, or suspend the license pursuant to the City's administrative hearing 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 validity of the remaining portion of this Ordinance shall not be affected thereby. SECTION III This Ordinance shall be in full force and effect thirty (30) days after the date of its passage and adoption. PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this 3rd day of January, 2000, by the following vote: AYES: COUNCILMEMBERS: MORALES, PINHEIRO, SUDOL, VELASCO, SPRINGER NOES: COUNCILMEMBERS: G. ARELLANO ABSENT: COUNCILMEMBERS: ATTEST: Rhonda Pellifi, City Clerk P. ARELLANO APPROVED: ~'"'~/q'~, ~ Thomas W. Springer, 465112vl 2 ORDINANCE NO. 2000-02 I, RHONDA PELLIN, City Clerk of the City of Cfilroy, do hereby certify that the attached Ordinance No. 2000-02 is an original ordinance, duly adopted by the Council of the Cky of Cdlroy at a regular meeting of said Council held on the 3rd day of January, 2000, at which meeting a quorum was presem. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 26th day of January, 2000. City I~lerk of the City of Gilroy (Seal)