A. On determining that grounds exist to deny an original or renewal application for a nonperformer license, or suspend or revoke an existing license, the Chief of Police shall furnish written notice of the proposed action to the applicant. 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, or shall be delivered to the applicant personally, at least 10 days prior to the hearing date.

B. The decision of the Chief of Police to deny, suspend or revoke a nonperformer license 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 or shall be delivered to the applicant 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 applicant. Extensions of time or continuances sought by an applicant/appellant shall not be considered delay on the part of the City or constitute failure by the City to provide for prompt decisions on denial of a nonperformer license.

D. 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 to deny or revoke a nonperformer license, the City Manager or designated hearing officer shall deny or revoke the license. After holding the hearing in accordance with the provisions of this section on renewal of a nonperformer 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 and any sexually oriented business that the applicant has identified on his/her application within four working days of the hearing. The City Manager or designated hearing officer’s failure to render such a decision within this time frame shall constitute approved renewal of the applicant’s nonperformer license.

E. If an application is denied pursuant to this section, the applicant may reapply for managerial work with a sexually oriented business 12 months after the date of such denial.

F. The decision of the City Manager or designated hearing officer shall be final. (Ord. 3315 §§ 2(2), 2(25), 2014; Ord. 3241 § 3, 2012).