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HomeMy WebLinkAboutReso - CC - 050-2001RESOLUTION NO. 50-2001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ADOPTING EXPEDITED JUDICIAL REVIEW OF PERMIT PROCEEDINGS AFFECTING EXPRESSIVE CONDUCT PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 1094.8 AND PROVIDING FOR THE BURDEN OF PROOF REGARDING PROPER DENIAL RESOLVED, by the City Council of the City of Burlingame: WHEREAS, the Federal courts have determined that local agencies must provide for expedited review by courts of certain decisions affecting expressive conduct; and WHEREAS, further Federal courts have determined that the local agency is to bear the burden of showing that a decision denying an application for such a permit affecting expressive conduct was proper; and WHEREAS, these provisions will safeguard an applicant's constitutional rights to a fair and open process for a permit affecting expressive conduct; and WHEREAS, without these conditions, a court might strike down the essential regulatory programs that the City has established, NOW, THEREFORE, IT IS RESOLVED AND ORDERED: 1. Expedited Judicial Review. The following permits to be issued by the City are eligible for expedited judicial review at the election of the permit applicant pursuant to Code of Civil Procedure section 1094.8 of the California Code of Civil Procedure: A. Applications for sign permits and other approvals under Title 22, City Sign Code. B. Applications for fortune telling permits pursuant to Chapter 6.38 C. Applications for street closures for First Amendment expression D. Applications for permits for charitable sales and solicitations E. Applications for newsrack permits F. Applications for public amusement permits pursuant to Chapter 6.16 G. Applications for permits for adult entertainment businesses under Chapter 25.76 2. Initiation of Litigation. Upon denial of an application for a permit described in paragraph 1, the City may initiate an action in Superior Court to affirm the denial of the application, and upon the written request of the applicant, the City shall initiate an action in Superior Court to affirm the denial of the application. 3. Burden of Proof. In any proceeding initiated to challenge denial of an application for a permit described in paragraph 1, the City shall bear the initial burden ofjaragf to demonstrate that the regulation at issue and the denial met constitutional st ndard/ � / I,// i // I, ANN T. MUSSO, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 21 day of MAY 2001, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: COFFEY, JANNEY, SPINELLI, O'MAHONY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: GALLIGAN CITY CLERK f