§ 9-201. Revocation or suspension of permit

(1) A permit issued under this article shall be revoked or suspended by the city manager on the basis of any of the following:

(a) A material false statement contained in the application;

(b) Failure to comply with federal, state or local laws and regulations;

(c) Failure to operate the business or activity in accordance to such orders, rules and regulations as may be applicable;

(d) Conduct of the business or activity in a fraudulent or disorderly manner, or in a manner which endangers the public health or safety;

(e) That the business or activity has been conducted in a manner which violates one (1) or more of the conditions imposed upon the issuance of the permit or which fails to conform to the plans and procedures described in the application, or which violates the occupant load limits set by the fire department;

(f) That the permittee has failed to obtain or to maintain insurance coverage required by this article;

(g) That the permittee has failed to obtain or to maintain all required city, county, and state licenses and permits;

(h) That the permit is being used to conduct an activity different from that for which it was issued;

(i) That one (1) or more of the conditions listed in section 9-195(1) of this article exists and has not been corrected by the permittee after reasonable notice of the existence of the condition has been given;

(j) That the permitted event or activity creates sound levels which violates the noise ordinance of the City of Costa Mesa;

(k) That the permittee has violated the provisions of 9-193(3); or

(l) That the security measures provided are inadequate to deter unlawful conduct on the part of employees or patrons, or to promote the safe and orderly assembly and movement of persons and vehicles, or to prevent disturbances of the neighborhood by excessive noise created by patrons entering or leaving the premises where the entertainment activity takes place.

(2) Written notice of hearing on the proposed permit revocation, together with written notification of the specific grounds of complaint against the business or activity of the permittee, shall be personally delivered or sent by certified mail to the permittee at least ten (10) days prior to the hearing.

(3) In the event a permit is revoked pursuant to the provisions of this article, another permit shall not be granted to the permittee within twelve (12) months after the date of such revocation. The city council's determination following a public revocation hearing shall be based upon written findings and shall be final and conclusive in the matter, and subject to California Code of Civil Procedure section 1094.6.

(4) Where the conduct or activity of the permittee creates an imminent peril to the public health or safety, the permit may be summarily suspended by the city manager upon written notice to the permittee of the suspension, the reasons therefore, and that the permittee shall be entitled to a hearing by the city manager or his/her designee within three (3) days thereafter provided further any temporary emergency suspension shall not exceed fifteen (15) days pending such hearing.

(Ord. No. 95-13, § 2, 9-18-95)