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HomeMy WebLinkAboutOrd 1967ORDINANCE NO. 1967 AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING SECTION 6.39.070 OF THE MUNICIPAL CODE REGARDING APPEALS OF MASSAGE PERMIT DENIALS WHEREAS, Chapter 6.39 of the Burlingame Municipal Code governs the establishment, registration, and conduct of massage establishments within the City in compliance with State law, and WHEREAS, Section 6.39.070 provides that if registration or renewal is denied by the Police Department, an applicant may appeal that decision to the City Council; and WHEREAS, Section 6.39.070 further sets forth the timing and certain aspects of the method for hearing the appeal; and WHEREAS, the time frames provided for in the current ordinance have proved to be impractical to coordinate with scheduling a Council hearing; and WHEREAS, the nature of appeal proceedings under Chapter 6.39 differ from those otherwise heard by Council, such as appeals from subordinate commissions, insofar as appeals under Chapter 6.39 are likely to require greater presentation and evaluation of evidence and development of findings of fact; and WHEREAS, a designated hearing officer is better equipped than the Council to conduct a hearing on the matters raised in appeals under Chapter 6.39; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME ORDAINS AS FOLLOWS: DIVISION 1: Section 1: Burlingame Municipal Code Section 6.39.070 is amended as follows: Existing Section 6.39.070 is amended as follows, with strikethrough text indicating deletions and underlined text indicating insertions: "6.39.070. If registration or renewal is denied, applicant has thirteen (13) calendar to (10) days from the date of mailing the denial notice within which to appeal to the Gity E­uac+l by filing a written application for a public hearing with the clerk of the city. The written appeal application must state the grounds on which the applicant objects to the denial of the registration or renewal. Notice and a public hearing shall be given as follows: (a) Upon receipt of the appeal, the city clerk shall set the matter for hearing before the ceencil a hearing officer, as designated by the City Manager, who may be an independent hearing officer retained by the City or a City Department Head other than the City Attorney or Chief of Police, at a regular meet* g theFee as soon as is practicable but in any event within sixty (60) days from the date o filing the appeal and shall give written notice of the hearing to the applicant at the applicant's address set forth in the appeal by first class mail at least ten (10) thin 30 days prior to the hearing date, unless an earlier date is set by mutual agreement of the City and appellant. The date for the appeal hearing may be modified upon the request of the applicant or upon consultation and agreement between the applicant and the city. The appeal hearing shall be public, and notice of the scheduled hearing shall be provided in the same manner as for appeals of decisions of the Planning Commission. (b) On the date set, the council hearing officer shall hear the matter, and may continue it from time to time before reaching a decision. The proceedings before the ceuRG+l hearing officer shall be informal and the rules of evidence shall not apply. However, the applicant and any interested parties may present such evidence as they deem appropriate, provided it complies with the pgLprocedures set forth by the council for appeals. If the csunGil hearing officer finds that the applicant has satisfactorily met all of the requirements of this chapter, It she or he shall order the issuance of the registration and business license. If it she or he finds that the requirements have not been met satisfactorily, it she or he shall deny the registration. (c) All findings of the eeufGil hearing officer shall be final and conclusive upon the applicant." DIVISION 2: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 3: This Ordinance shall be published in a newspaper of general circulation in accordance with California Government Code Section 36933, published, and circulated in the City of Burlingame, and shall be in full force and effect thirty (30) days after its final passage. e � t r Donna Colson, Mayor I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the foregoing ordinance was introduced at a public hearing at a regular meeting of the City Council held on the 17th day of June, 2019, and adopted thereafter at a regular meeting of the City Council held on the t s} day of Soar 2019, by the following vote: AYES: Councilmembers: BEACH, BROWNRIGG, COLSON, KEIGHRAN, ORTIZ NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE Meaghan Hanel -Shearer, City Clerk