A. On determining that grounds for denial of a license, license revocation or suspension exist, the Chief of Police shall furnish written notice of the proposed action to the applicant/license holder. Such notice shall set forth the time and place of a hearing before the City Manager or a designated hearing officer and the ground or grounds upon which the hearing is based, the pertinent Chula Vista Municipal Code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the applicant/license holder, or shall be delivered to the license holder personally, at least 10 days prior to the hearing date.

B. On determining that grounds for denial of a license exist, the Chief of Police shall furnish written notice of the proposed action to the applicant/license holder. The decision of the Chief of Police shall be appealable to the City Manager by filing a written request for a hearing with the City Clerk within 15 days following the day of mailing of the Chief of Police’s decision and paying the required fee(s) as set forth in the master fee schedule of the City adopted by resolution of the City Council. All such appeals shall be filed with the City Clerk and shall be public records. The City Manager shall issue a notice which shall set forth the time and place of a hearing before the City Manager or a designated hearing officer which is within 30 days from the date the appeal was filed and the ground or grounds upon which the hearing is based, the pertinent Chula Vista Municipal Code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the applicant/license holder, or shall be delivered to the license holder personally, at least 10 days prior to the hearing date.

C. The applicant shall have the right to offer testimonial, documentary, and tangible evidence bearing upon the issues and may be represented by counsel. The City Manager or designated hearing officer shall not be bound by the formal rules of evidence. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness at the request of the license holder. Extensions of time or continuances sought by a license holder/appellant shall not be considered delay on the part of the City or constitute failure by the City to provide for prompt decisions on license suspensions or revocations.

D. A license may be revoked, based on any of the following causes arising from the acts or omissions of the license holder:

E. After holding the hearing in accordance with the provisions of this section, if the City Manager or designated hearing officer finds and determines that there are grounds for revocation or suspension, the City Manager or designated hearing officer shall revoke or suspend the license. After holding the hearing in accordance with the provisions of this section on the denial of a license, the City Manager or designated hearing officer shall decide to sustain the decision, modify the decision or order the decision stricken and issue such order as the City Manager or designated hearing officer finds is supported by the entire record. The City Manager or designated hearing officer shall render a written decision that shall be hand delivered or overnight mailed to the applicant/license holder within four business days of the hearing. The City Manager or designated hearing officer’s failure to render such a decision within this time frame shall constitute an approval or reinstatement of the license.

F. In the event a license is revoked pursuant to this section, another sexually oriented business performer license shall not be granted to the license holder within 12 months after the date of such revocation.

G. The decision of the City Manager or designated hearing officer shall be final.

H. The time for a court challenge to a decision of the City Manager or designated hearing officer is governed by California Code of Civil Procedure Section 1094.8.

I. Notice of the City Manager’s or designated hearing officer’s decision and his/her findings shall include citation to California Code of Civil Procedure Section 1094.8.

J. Any applicant or license holder whose license has been denied, suspended, or revoked pursuant to this section shall be afforded prompt judicial review of that decision as provided by California Code of Civil Procedure Section 1094.8. (Ord. 3315 §§ 2(2), 2(20), 2014; Ord. 3241 § 3, 2012).