6.02.180 - Summary suspension.
A. If the department head determines there is an imminent threat to the health, safety or welfare of the public as set out in Subsection B below, a license or permit may be summarily suspended for a period of time not to exceed thirty days.
B. The department head's determination that there is an imminent threat to the public health, safety or welfare shall be based on one or more of the following:
1. There is an urgent need to take immediate action to protect the public from a substantial threat of serious bodily injury or death existing on or within one hundred fifty feet of the licensed or permitted premises; or
2. There has been a violation of a permit or license condition or other requirement of this Title that creates an imminent danger to the public health, safety or welfare on or within one hundred fifty feet of the licensed or permitted premises; or
3. The licensee or permittee has conducted the licensed or permitted business in a manner that creates or results in a public nuisance, as defined in Section 1.13.050 of this Code or Sections 3479 and 3480 of the California Civil Code, and that public nuisance creates an imminent danger to the public health, safety or welfare on or within one hundred fifty feet of the licensed or permitted premises.
C. The summary suspension shall take effect immediately upon service of a written notice of suspension by the department head. Notice given to the licensee or permittee shall include the following information:
1. The effective date and time period of the summary suspension;
2. The grounds and reasons upon which the summary suspension is based;
3. The licensee or permittee who wishes to challenge the summary suspension may request a hearing before the department head;
4. The method for requesting a hearing before the department head; and
5. The notice of summary suspension shall become final unless the department head receives a written request for a hearing from the permittee or licensee within the time period specified in Subsection E.
D. The summary suspension shall remain in effect unless and until the department head either:
1. Amends the notice of summary suspension to shorten the time period provided in the earlier notice of summary suspension; or
2. Issues a decision after holding a hearing pursuant to the requirements of this Section that modifies or overrules the summary suspension.
E. If the licensee or permittee wishes to challenge the summary suspension, the licensee or permittee must file a written request for a hearing before the department head within three (3) business days after service of the notice of summary suspension. If the department head does not receive a request for a hearing from the licensee or permittee within this time period, the notice of summary suspension shall become final.
F. The department head must respond to the licensee's or permittee's request for a hearing by holding a hearing to affirm, modify or overrule the summary suspension within five (5) business days of the licensee's or permittee's request for a hearing, unless the licensee or permittee requests an extension of the time within which the department head can hold the hearing.
G. The department head shall serve a written notice of hearing on the licensee or permittee not later than two (2) business days after receiving the licensee's or permittee's written request for a hearing. The notice of hearing shall contain the date, time and place at which the hearing shall be conducted.
H. At the hearing before the department head, the licensee or permittee shall be given the opportunity to present evidence that either rebuts the ground(s) for which the summary suspension was issued or demonstrates that the reason or reasons leading to the summary suspension have been mitigated or corrected.
I. The hearing will be conducted informally and technical rules of evidence shall not apply. Any and all evidence that the department head deems reliable, relevant and not unduly repetitious may be considered.
J. Following the conclusion of the hearing, the department head shall issue a decision which affirms, modifies or overrules the summary suspension, as specified in Subsection K. If the department head affirms or modifies the summary suspension, the department head may impose additional conditions upon the license or permit if those conditions were reviewed at the hearing and the conditions are intended to protect the health, safety or welfare of the public or prevent the conduct or condition that led to the summary suspension.
K. The department head shall issue an oral decision upon the close of the hearing or may communicate the decision by telephone, within twenty-four (24) hours of the close of the hearing. The department head shall also serve the licensee or permittee with a written decision within three (3) business days of the close of the hearing.
L. Following the service of a written decision after the hearing, a licensee or permittee who is dissatisfied with the department head's decision shall have a choice of either filing an appeal with the appeals hearing board under the terms set out in Section 6.02.230 or accepting the decision as final and seeking judicial review pursuant to Section 1094.6 of the Code of Civil Procedure of the State of California. If the permittee or licensee is dissatisfied with the decision by the department head and chooses to have an appeal hearing with the appeals hearing board, then the decision by the appeals hearing board shall be final for purposes of judicial review pursuant to Section 1094.6 of the Code of Civil Procedure of the State of California.
(Ords. 27782, 27783.)
