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
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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
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