REPORT TO COUNCIL
SUBJECT
Title
Action on the Introduction of an Ordinance Amending Chapters 2.115 ("General Characteristics of License or Permit - Suspension Procedure"), 3.25 ("Transient Occupancy Tax"), 3.40 ("Business Tax"), 5.05 ("Solicitors and Peddlers"), 5.30 ("Pawnbrokers and Secondhand Dealers"), 5.35 ("Taxicabs and Pedicabs"), 5.61 ("Public Entertainment Generally"), 5.75 ("Bingo"), and 13.10 ("Sewers") of "The Code of the City of Santa Clara, California" to Streamline the Appeal Procedures for City Licenses And Permits
Report
BACKGROUND
The Santa Clara City Code ("SCCC") contains provisions in which the City grants, approves, denies, revokes, or suspends a City license or permit. In the event the City decides that a license or permit shall be denied, revoked, suspended or not renewed, the license or permit applicant has the right to appeal the decision. Currently, the SCCC contains separate and varying processes for appealing decisions depending upon the type of license or permit involved. This has led to inefficiencies in the appeals systems. Therefore, the City Attorney's Office recommended amendments to update the SCCC to: 1) ensure that applicants' due process interests in appeals continue to be properly protected; and 2) create uniformity in the appeals process.
DISCUSSION
The City of Santa Clara issues various licenses and permits for a variety of commercial activities such as operation of certain regulated businesses in the City. Licenses and permits may be denied, revoked, suspended or not renewed for various reasons set forth in the City Code. The current appeal and hearing process, depending on the type of license or permit, is contained in different sections of the Santa Clara City Code. The SCCC allows for a party to appeal a decision to a designated City staff person, such as the City Manager or a Department or Division head; this person in turn would serve as the hearing officer. Staff went through the entire City Code and is propo...
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