§ 33.0507 — Review for Regulatory Action Taken Against Permit Holders Engaged in First Amendment Activity

§ 33.0507 Review for Regulatory Action Taken Against Permit Holders Engaged in First Amendment Activity

Any person who holds a police permit for a business or occupation that is protected by the First Amendment, and who has had regulatory action taken against their permit, shall have the same appeal rights as those contained in sections 33.0501 through 33.0503, except that: (a) The hearing officer shall issue and mail his or her decision to the parties or their counsel within fifteen calendar days of the completion of the appeal hearing to suspend or revoke the permit. The time to render a decision may not be extended unless all parties agree to such an extension; and (b) The hearing officer’s decision is final on the date it is mailed to the parties or their counsel; and shall be the final administrative remedy; and (c) There is no appeal to the City Council or any subcommittee thereof; and (d) The hearing officer’s decision shall include notice that either party may seek prompt judicial review of the decision pursuant to California Code of Civil Procedure section 1094.6; and (e) If the permittee seeks judicial review, the effect of the hearing officer’s decision is stayed pending the judgment of the superior court. The stay shall continue for a period of 20 days from the filing of the notice of appeal from judgement or until the expiration of the time for filing the notice, whichever occurs first. If no judicial review is sought, the hearing officer’s decision is final after the last date for seeking such review has passed.

(“Review for Regulatory Action Taken Against Permit Holders Engaged in First Amendment Activity” added 11-20-2000 by O-18885 N.S.) (Amended 11-25-2014 by O-20438 N.S.; effective 12-25-2014.) (Amended 11-8-2021 by O-21385 N.S.; effective 12-8-2021.)