Notwithstanding any provision contained in this code to the contrary, violation of the provisions of this chapter shall constitute grounds for revocation of any business license issued pursuant to the provisions of SCC Title 6 to a business upon the premises of which the violation has occurred. The following provisions of this section shall constitute the exclusive procedures and standards for the commencement and conduct of business license revocation proceedings upon such grounds, and no other provision of this code shall be applicable to such a revocation.
A. Revocation proceedings shall be commenced upon the filing with the Clerk of the Board of Supervisors of a written application by the Sheriff asserting that there are grounds for revocation of a business license as a result of violation of the provisions of this chapter, and stating the circumstances of each violation which the Sheriff alleges has occurred. A copy of the application shall be mailed by the Sheriff to the holder of the business license not later than the date on which the application is filed with the Clerk of the Board of Supervisors.
B. If, not later than 15 calendar days following the date of filing the application by the Sheriff, the Board of Supervisors does not order a hearing thereon, the application shall be deemed dismissed. Such a dismissal shall not be deemed to preclude a new application by the Sheriff alleging the same violation as a basis for revocation.
C. Any hearing ordered by the Board of Supervisors shall be conducted by a hearing officer of the state of California Office of Administrative Hearings. The application shall be transmitted to the office of Administrative Hearings, and the hearing shall be scheduled by and through that office, with due notice to the holder of the business license.
D. The Sheriff shall carry the burden of proof during any such hearing. A conviction for violation of the provisions of this chapter shall not constitute a condition precedent to establishment of grounds for revocation, if proof of actual violation by a preponderance of the evidence is made.
E. The representative of the office of Administrative Hearings shall prepare findings of fact, conclusions of law, and a recommended decision. The decision shall be transmitted to the Clerk of the Board of Supervisors.
F. Not later than 15 calendar days after receipt of the findings, conclusions and recommendation by the office of Administrative Hearings, the Board of Supervisors shall commence consideration of the findings, conclusions and recommendations. The Board shall be authorized to act upon the recommendation without another hearing or receipt of further evidence or argument, or may schedule a subsequent hearing on a de novo basis or limited hearing for the purpose of receiving supplementary evidence. The Board shall be authorized to accept in whole or in part or reject in whole or in part any recommendation by the representative of the office of Administrative Hearings, and shall be authorized to either dismiss the proceedings, permanently revoke the business license or temporarily suspend the business license during such period of time as it deems appropriate. Alternately, the Board shall be authorized to order the business license to remain in effect, but subject to such conditions in relation to proven charges as the Board deems appropriate.
G. The provisions of the California Administrative Procedure Act shall not be applicable to any proceeding commenced and conducted pursuant to the provisions of this chapter. Technical rules of evidence shall not be applicable to proceedings conducted hereunder, except as necessary to guarantee compliance with the requirements of procedural due process. (Ord. 632, eff. 9/7/82. Formerly 6.14.080)