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Home My WebLink AboutORD 649ORD 649Ì¤<žjh£ŸjHÂôORDINANCE NO. 649 AS ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTIONS 4605 AND 4656 OF THE BALDWIN PAKK MUNICIPAL CODE, RELATING TO DANCE AMD EHfERTAIIMEHT PERMITS URGENCY ORDINANCE). THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 4605 of the Baldwin Park Municipal Code is hereby amended to read as follows: 4605. APPEAL. Decisions with reference to the issuance, denial or suspension of a permit shall be final within thirty 30) days after the rendering of such decision, in the absence of the filing of a timely appeal in the manner hereinafter specified. An Order of Suspension shall be deemed an order of revo- cation if an appeal is not timely filed. Any person aggrieved by the decision of the Chief, with reference to the issuance, denial, a conditional issuance, or suspension of a permit, shall have the right of appeal to the City Council, Such appeal shall be filed within not to exceed 30 days after the service of the Order of Suspension or within 30 days after the giving of notice of the issuance or denial of a permit. The appealing party shall file with the City Clerk, a written letter of appeal stating therein the fact of such appeal, and the reasons there- for. together with an appeal fee in the amount of $50.00- Upon receipt of such letter of appeal, the City Clerk shall immediately set the matter for consideration by the Council at its next regularly scheduled meeting. The City Clerk shall give the appealing party and any other person requesting the same, at least 5 days' written notice of the time and place of such hearing; the appealing party may waive the 5-day notice provision by filing a written waiver thereof with the City Clerk- At the time and place set for the hearing upon the appeal from the decision of the Chief, the City Council shall give the appealing party, and any other interested party, a reasonable opportunity to be heard, in order to show cause before said Council, why the determination of the Chief should not be upheld. In all such cases, the burden of proof to show that the action of the Chief was arbitrary, capricious or in excess of his authority, shall be upon the appealing party. The determination of the City Council shall be final and conclusive." SECTION 2. That Section 4656 of the Baldwin Park Municipal Code is hereby amended to read as follows: I- BIB] 37950-U01 ORD-U02 649-U02 LI2-U03 FO31548-U03 FO31786-U03 DO31811-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 649Ì¤<žjh£ŸjHÂôORDINANCE NO. 4656. APPEAL. Decisions with reference to the issuance, denial or suspension of a permit shall be final within thirty 30) days after the rendering of such decision, in the absence of the filing of a timely appeal in the manner hereinafter specified. An Order of Suspension shall be deemed an order of revo- cation if an appeal is not timely filed. Any person aggrieved by the decision of the Chief, with reference to the issuance, denial, a conditional issuance, or suspension of an entertainment permit, shall have the right of appeal to the City Council. Such appeal shall be filed within not to exceed 30 days after the service of the Order of Suspension or within 30 days after the giving of notice of the issuance or denial of a permit. The appealing party shall file with the City Clerk, a written letter of appeal stating therein the fact of such appeal, and the reasons therefor, together with an appeal fee in the amount of $50.00. Upon receipt of such letter of appeal, the City Clerk shall immediately set the matter for consideration by the Council at its next regularly scheduled meeting. The City Clerk shall give the appealing party and any other person requesting the same, at least 5 days written notice of the time and place of such hearing; the appealing party may waive the 5-day notice provision by filing a written waiver thereof with the City Clerk. At the time and place set for the hearing upon the appeal from the decision of the Chief, the City Council shall give the appealing party, and any other interested party, a reasonable opportunity to be heard, in order to show cause before said Council, why the determination of the Chief should not be upheld. In all such cases, the burden of proof to show that the action of the Chief was arbitrary, capricious or in excess of his authority, shall be upon the appealing party. The determination of the City Council shall be final and conclusive." SECTION 3. This Ordinance is hereby declared to be an urgency measure and shall take effect immediately upon its adoption. The statement of facts constituting its urgency is as follows: that the contents of the within ordinance are immediately required by reason of the fact that the present provisions of the Baldwin Park Municipal Code do not provide, expressly, for an appeal period with regard to dance and entertainment permits; that a specific time for an appeal should be set out in said Code; that the public interest, con- venience and necessity require the immediate adoption of this Ordinance. SECTION 4. That notwithstanding any provision of this Ordinance to the contrary, any person having the right of appeal from a decision pertaining to the suspension of a dance or entertainment permit, as to which no appeal has been filed, 2- BIB] 37950-U01 ORD-U02 649-U02 LI2-U03 FO31548-U03 FO31786-U03 DO31811-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 649Ì¤<žjh£ŸjHÂôORDINANCE NO. 649 shall file such appeal within fifteen 15) days from the date of adoption of this Ordinance, or the right to such appeal shall he deemed waived for all purposes. SECTION 5. That the City Clerk shall certify to the adoption of this Ordinance and shall cause the same to he published in the manner prescribed by law. PASSED AND APPROVED this 18th day of October 1972. ATTEST: T^^^y THELMA L. BALKUS.———City Cleric STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK I. THELMA L. BALKUS, City Clerk of the City of Baldwin Park. do hereby certify that the foregoing Ordinance No. 649 was duly adopted and passed as an Urgency Ordinance at a regular meeting of the City Council on the 18th day of October 1972, by the following vote: AYES: COUNCILHEN Gregory, Hamilton, King, McCaron and Mayor Blewett NOES: COUNCIUEN_______________________________________ ABSENT: COUNCILMEN THELMA L. BALKUS, CITY CLERK 3- BIB] 37950-U01 ORD-U02 649-U02 LI2-U03 FO31548-U03 FO31786-U03 DO31811-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04