San Jose |
Code of Ordinances |
Title 6. BUSINESS LICENSES AND REGULATIONS |
Chapter 6.02. PERMIT AND LICENSE PROCEDURES |
Part 1. APPLICATION PROCEDURES |
§ 6.02.130. Denial, suspension or revocation.
A.
An application for a permit or license may be denied and a permit or license issued pursuant to this title may be suspended or revoked by the department head upon any of the following grounds:
1.
Conviction of a crime, if the crime is substantially related to the qualifications, functions, or duties of the business, profession or trade for which the permit or license was issued;
2.
Conviction of a felony within the previous five years;
3.
Conviction for commission of acts involving dishonesty, fraud, or deceit with the intent to substantially benefit the applicant or another, or substantially injure another;
4.
Commission of acts which would constitute a felony or which would constitute a crime if the crime is substantially related to the qualifications, functions, or duties of the business, profession or trade for which the permit or license was issued;
5.
Knowingly making a false statement of fact or omitting a fact required to be revealed in an application for the permit or license, or in any amendment or report or other information required to be made thereunder;
6.
The premises in which the permitted or licensed activity will occur or the proposed use for which the permit or license is sought is in violation of any building, zoning, health, safety, fire, police or other provision of this Code or of county, state or federal law which substantially affects the public health, welfare or safety;
7.
Violation of the terms and conditions of the permit or license or other requirements of this Code;
8.
The applicant, licensee or permittee has owned or leased premises that have been the subject of an administrative, civil or criminal nuisance abatement action and court judgment or administrative determination finding the premises to be a nuisance within the past five years;
9.
Employment or otherwise contracting for the services of a manager whose ownership/management application or license has been denied or revoked;
10.
The holding of any ownership interest of more than ten percent of a business, other than a publicly traded corporation, by any person whom the department head has not approved through any applicable ownership/management application procedure;
11.
Failure to pay any disturbance response fee imposed pursuant to Section 6.02.310;
12.
A prior permit or license application has been denied by the city or any state, county or local agency on one or more of the grounds provided in this Section 6.02.130 within five years prior to the date of the current application;
13.
A permit or license issued by the city or any state, county or local agency has been revoked or suspended within the past five years;
14.
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, on or within one hundred fifty feet of the licensed or permitted premises;
B.
Notwithstanding Subsection A of Section 6.02.010, any application for a permit or license may be denied and a permit or license issued pursuant to this title may be suspended or revoked by the department head if the licensee or permittee fails to comply with a final court order or administrative action of an investigatory agency finding a violation of applicable federal, state and local wage and hour laws, including but not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and any local minimum wage ordinance or living and prevailing wage requirements. For purposes of this subsection, a final court order or administrative action is one as to which there is either no pending appeal or the time for filing an appeal has passed and no appeal was filed.
(Ords. 24605, 27602, 27782, 27783, 29741.)