The Chief of Police may deny any application for a permit authorized
by this title or may revoke, suspend, condition or limit any such
permit upon making a written finding of facts upon which the Chief
of Police may reasonably base one or more of the following causes
for such action:
(A)Â
Where
it appears that the permittee is not eligible for the holding of such
permit in accordance either with this chapter or State law;
(B)Â
Where
it appears that the applicant for the permit made one or more false,
misleading or fraudulent statements in the permit application;
(C)Â
Where
it appears that the activity allowed by the permit has not been conducted
in accordance with statements in the permit application or as required
by either this code or State law;
(D)Â
Where
it appears that there have been violations of federal, state or local
law committed at the location or in conjunction with the activity
conducted pursuant to the permit;
(E)Â
Where
it appears that the conduct of the activity allowed by the permit
is, is likely to be, or has been, detrimental to the health, safety
or morals of residents of Santa Rosa.
(Prior code § 18.70)
Where the Chief of Police has acted in accordance with Section 6-76.010, the Chief of Police shall provide the permit applicant or permittee with notice of such findings and determination. Such notice shall state the grounds upon which such denial, revocation, suspension, limitation or conditioning of the permit is based. Within 15 days after such notice, the applicant or permittee may request that a hearing be held in accordance with Section 6-76.030. This request shall be in writing and shall state in general any facts upon which the applicant or permittee objects to the action of the Chief of Police.
(Prior code § 18.71)
(A)Â
Upon
receipt of such hearing request and after giving reasonable notice
to the applicant or permittee, the Chief of Police, or a person designated
by the Chief of Police as hearing officer, shall convene a hearing.
(B)Â
At the hearing, the applicant or permittee, or a representative appointed by him or her, may present evidence to rebut the findings and determination made in accordance with Section 6-76.010. In addition, the hearing officer may receive and consider any other evidence which may bear upon said findings and determination, provided that the applicant or permittee shall be given a reasonable opportunity to respond to all such evidence.
(Prior code § 18.72)
(A)Â
Within 30 days after the conclusion of the hearing, the Chief of Police shall mail a notice of decision to the applicant or permittee and all other persons who participated in the hearing and requested such notice. The notice shall be in writing and shall state the decision as well as finding of fact which support the decision. Any decision to deny, revoke, suspend or limit or condition a permit must be based upon one or more of the causes specified in Section 6-76.010. In addition, the notice of decision must inform the applicant or permittee of the right to appeal.
(B)Â
If
the Chief of Police determines that sufficient cause exists, the Chief
of Police may deny, revoke or suspend the permit or may place appropriate
conditions and limitations upon activities conducted pursuant to the
permit.
(Prior code § 18.73)
(A)Â
Any person adversely affected by the issuance of any permit issued pursuant to this chapter may object in writing to such permit and demand a hearing on such objection. The written request for hearing shall state one or more of the grounds set forth in Section 6-76.010 as well as evidence supporting such grounds. In addition, such objecting party shall state whether he or she demands denial, revocation or suspension of the permit or the placing of appropriate limitations or conditions upon the permit.
(Prior code § 18.74)
