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HomeMy WebLinkAbout193 of 1978 - Adding Section 20-1-23 through 32 providing for the appointment of hearing examiners to conduct hear if ROLL CALL f' VOTING Aye Nay Salt Lake City,Utah, Decen her 14 ,1978 Mr.Chairman - Agraz ..f' I move that Or inan be passed. J Greener ,(le Phillips / Result AN © DINANCE AN ORDINANCE AMENDING Chap r 1 of Title 20 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to license and business regulation administration, by ADDING thereto new Sections 20-1-23, 20-1-24, 20-1-25, 20-1-26, 20-1-27, 20-1-28, 20-1-29, 20-1-30, 20-1-31 and 20-1-32. Be it ordained by the Board of Commissioners of Salt Lake City, Utah: SECTION 1. That Chapter 1 of Title 20 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to license and business regu- lation administration, be, and the same hereby is, amended by ADDING thereto new Sections 20-1-23, 20-1-24, 20-1-25, 20-1-26, 20-1-27, 20-1-28, 20-1-29, 20-1-30, 20-1-31 and 20-1-32, as follows: Sec. 20-1-23. License hearings. Hearings to consider the revocation, suspension, approval, or denial of licenses issued by Salt Lake City Corporation shall be held by or at the direc- tion of the Board of City Commissioners of Salt Lake City. Notwithstanding the provisions of any other ordinance pertaining to hearings before the Board of City Commissioners for the sus- pension or revocation of licenses said hearings may be held either before the Board of City Commissioners or before any hearing examiner who has been appointed by the Board of City Commissioners to conduct such hearings. Sec. 20-1-24. Revocation or suspension of licenses. The licensee shall be responsible for the operation of the licensed premises in conformance with the ordinances of Salt Lake City Corporation. Any business or regulatory license issued pursuant to the provisions of any ordinance of Salt Lake City may be sus- pended or revoked by the Board of City Commissioners for a period of time not to exceed one year after a hearing held before said Board or at said Board's direction, upon a finding by the Board of City Commissioners of a violation or conviction of the licensee, operator, agent or any person of any of the following violations which occurred in conjunction with the operation of a licensed business: (a) A violation of or a conviction for violating any ordinance regulating or governing the business under which said license was granted, or (b) A violation of or conviction for violating any other city ordinance or law of the State of Utah which affects the health, welfare or safety of its residents, including but not limited to a public nuisance, and which violation or conviction relates to the business so licensed, or _ t� s� -2- (c) A violation of or conviction for violating an ordinance which resulted from the operation of the business so licensed, or (d) Any material misrepresentation or any fraud perpetrated on the licensing authority through application for, or operation of, said business. These violations shall not limit, but shall be additions to, other grounds for the suspension or revocation of any license as provided for by ordinance. Sec. 20-1-25. Procedure for suspension or revocation of a license. Any suspension or revocation of a license issued pur- suant to the ordinances of Salt Lake City shall not be imposed until a hearing is first held before the Board of City Commis- sioners or any hearing examiner appointed by said Board. Reason- able notice of the time and place of said hearing, together with notice of the nature of charges or complaint against the licensee or premises sufficient to reasonably inform the licensee and enable him to answer such charges and complaint, shall be served upon the licensee personally or by mailing a copy to the licensee at his last known post office address. All witnesses called at such hearings shall be sworn by a person duly authorized to administer oaths and a record of such hearing shall be made by a recording or a court reporter. A licensee shall have the right to appear at said hearing in person or by counsel or both, present evidence, present argument on the licensee's behalf, cross examine witnesses, and in all proper ways defend the licensee's position. The Board of City Commis- sioners shall make a ruling and decision based upon the evidence presented at such hearing and shall enter or adopt written find- ings of fact and conclusions of law in appropriate cases and enter a written order or decision. Sec. 20-1-26. Hearing examiners. The Board of City Commis- sioners may appoint one or more hearing examiners and the Commission or any hearing examiner shall have power and authority to call, preside at and conduct hearings to consider the suspension, revocation, denial or approval of licenses issued by Salt Lake City Corporation including the power to examine witnesses and receive evidence, compel the attendance of witnesses, and compel the production of documents. Hearing examiners, subject to the review and approval of the Board of City Commissioners, shall have the power and authority to issue findings of fact and conclusions of law and orders based upon the evidence and testimony and representations made at such hearings. Sec. 20-1-27. Hearings held before a hearing examiner. At the conclusion of any hearing to consider the status of licenses as provided in Section 20-1-25 the hearing examiner shall furnish to the Commission written findings of fact and conclusions of law in appropriate cases and an order which is based upon and supported by the evidence presented at said hearing. Such findings, conclusions and order shall be advisory to the Board of City Commissioners and shall have no force or effect until or unless adopted by the Commission. Such recommendations made by such hearing examiner shall not preclude the taking of further evidence or further review by the Commission, if the Board of City Commissioners so orders. Sec. 20-1-28. Orders by the Commission. (a) After a hearing to consider the status of any license has been held by or at .198 _A_al<y -3- the direction of the Board of City Commissioners, the Commission may impose such sanctions as it deems proper based upon the evidence presented at such hearing. All orders entered by the Commission shall be final. (b) In the event the Board of City Commissioners institutes a sanction of suspension, probation or revocation of a license, such sanction shall apply to the licensee, the licenses issued by the City and to the premises in question for the full term of the imposed sanction. Sec. 20-1-29. New license application. It shall be unlawful for any person, firm, corporation or any agent, manager or operator of any person, corporation or firm who has had a license suspended, revoked or denied by the Board of City Commissioners to reapply for or obtain a license which has been so suspended, revoked or denied during the time that said license has been revoked, suspended or denied or for a period of one year, which- ever is less. Sec. 20-1-30. Investigation by the Board of Commissioners. The Board of City Commissioners may, prior to the issuance of any license required by this chapter, investigate any applicant for a license under this chapter if it has reasonable cause to believe that said applicant has, or is attempting to perpetrate a fraud or material misrepresentation upon said board, or may compel the production of documents and witnesses in order to investigate said fraud or misrepresentation. Upon a finding by the Board of Commissioners that a material misrepresentation or fraud has been perpetrated or attempted in the license applica- tion, said application may be denied by the Commission. Sec. 20-1-31. Subpoena. (a) Every subpoena shall be issued by the City Recorder under the seal of the City, shall state the name of the board and the title of the action, and shall command each person to whom it is directed to attend and give testimony at a time and place therein specified. A subpoena may also command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein. At the request of any party subpoenas for attendance at any hearing shall be issued by the City Recorder. (b) Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person and by tendering to him the fees for one day's attendance and the mile- age allowed by law. (c) Failure by any person without adequate excuse to obey a subpoena served upon him may be deemed a contempt of the Board of City Commissioners. Sec. 20-1-32. Severability clause. If any part of the ordinances of this chapter or the application thereof to any per- son or circumstances, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or the application thereof to other persons and circumstances, but shall be confined in its operation to the section, subdivision, sentence or part of the section and the persons and the circumstances directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the Board of City Commissioners that this section would have been adopted if such invalid section, provision, subdivision, sentence or part of the section or application had not been included. SECTION 2. In the opinion of the Board of Commissioners of Salt Lake City, it is necessary to the peace, health and welfare of the 193 -4- inhabitants of Salt Lake City that this ordinance become effective immediately. SECTION 3. This ordinance shall take effect upon its first publication. Passed by the Board of Commissioners of Salt Lake City, Utah, this 14th day of December , 197 . MAYOR r- ///)ie tii. CITY RECO ER (SEA ) $ILL LNO. 193 of 1978 Published December 21, 1978 nub-.i57 Affidavit of Publication STATE OF UTAH, ss. County of Salt Lake AN ORDINANCE AMENDING CA Phan 1 of Title 20 ofpthe Shana D. Conaty to licenseandised d°busiipress°fegulaltioonaaadininisttrration,by ADDING thereto new Sections 20-1-23,20-1-24 20-1-25,1b1-Te,20-1-21, 20-1-211,20.1-29,20.1-211,20.1-31 and 20.142. Be it ordained by the Board of Commissioners of Salt lake City,Utah- first,dulysworn,deposes and says that he is legal SECTION I.That Chapter 1 a Title 20 o the Revised Being Ordinances ssreg!Sao admiake nistration,be, be,andrelating meh license by Is, advertising clerk of the DESERET NEWS, a daily auslpess regulation ADD ADDING thereto eretolen,he,end the same hereby Is, iaro"ue2a;°is 2°ll--21 2a 0, 0l-29,2a0-143,ximia'nd26142, (except Sunday) newspaper printed in the English as Sec 2O221 License hearings.Meadow to consider the language with general circulation in Utah, and Salt La.Citys08rporatim shall bat he by or or licenses at the directioon ed of tne I published in Salt Lake City, Salt Lake County, in the ndih ht°aia Me City of any of her City. o State of Utah. hearings before Me Board of City C hearings for the entpension or revocation of licenses old hearings may be hem er before the Board of CIN COn011.1000rs or before any hear) miner who figs been amelmed by the B.rd of CID Commissioners,*Revocationa hearings. m licenses.The That the legal notice of which a copy is attached hereto licensee shall be remonsibie for the operation of the licensed preporat In OOny business with regulatory prdv license i ee se sue PUr Cant. Pub notice to amend an ordinance relatingto premisos in Any r alness I Itte o-dl I n e so Soil wrwant to needed o rev a env iMlnentx a Salt Lake an may De sspwMfd m rtotto0 03 0d Board r City Bering loren for e aid B of time at said mad one year anon as ,arifin held before said Board or at said Commissioners of direction,lat poor a finding w the • license business regulations administration licensee,Board Coperator,raageenQ or any perssonaf violation any or conviction the rebllowiing & violations ensed tldt occurred In mnlunctlon with violating Operation of a dinance regulatingln or governing r ing the b or a usneesss underion for e which sany id license was pred.or 1rp ordifnenoell or lawn of°therS�of Utah whichh affects t.am heallt,, weitare or sanely of Its resldets,Including but not limited to a public nuisance,and which vlaatlan Or conviction relates to the Dosimess so licensed,or which(Cl resulted freen st°f or tleonppe conviction of the forWnnesas singo licensedd,or ratedId) lie licenesisi material trhiartrdareui te Ilts'thro.gion�p�cation ud perpet- rated operation of,said business. on,„a°r undsartfoA°he,o.„,,,,,„,ar"Yfavuoeim�n,fiitee'a",etas was published in said newspaper on Dec. 21, 1978 Provided for byy ordinance. Sec.20.1-25.Procedure for suspension or revocation of a !Meese. Any wspennon or revocation of a IMmisei issued pursuant to tinea'dii loss of Salt Lake City shamgotgp ball leers es first held before the BOerO sat Commissioners a any INarDq n miter pointed by saki 1 Board.Reasonable notice a Me time and placed sold hearing ((/ 1nr teeelie with..eala llsNroa charges.Coma n again{ __kl‘ / ,, .. - _\_\,_1 ,� l- t- \ ltheicensee licensee anat.or premises sufficient fo ay Interns the - - - -- i_.,'Y\, . 1^ Bmnsee and po"Ins to answer such charges and oomeialnt, Legal Advertising;lark t the be served canes late lknownepoosst office areas.mailing ecepY to t All witnesses called ak t sock heating spell 0e sworn by a parson duly auneraed to adminbsar oat"o or'end.;a record o sudh kerns. Ybll Da made Dy a appear aur♦reporter.A licensee shall hove Ike right e a t sod nearing in person waby counsel ellalt, .esa mine witnesses,and in t onproper Ire me this 2nd dayof ys de cross see s winces h B ,all Commissioners defend the Imake ah ll then. Tie Bpered ql LiD uence. stall make a raring and d0 al shall based as'a the wriitttten Irdlt°rBarnhastof fd oam amend m"aantl"yyob 0110 slorrns o I `n appropariaa°t te , A.D. 19 79 cases and enter a written order or declslen. Sec. 261-26. clearing examiners. The Board of City Commissioners may appoint one or getearlq a oo ls an ka"the Conmlsslw or any hearing eminer shall 11000 Bower a authority to call,preside at and cmdpurrcl hearings f0 consider the �, e010Salt lake"city Ibppn, d rnlalon lorcludlrgoval of licenses Issued o amlOn ` / wItresses and receive Nance,megel lie attendance a ��' wihws ,and compel ttleavproduction of documents. ''-��'"7����7��'- Boa dMCl�•°Commissiosneerrs,shall ect toff* 00.N,approval end anthoority Notary Public (0 1ssu0 find nos of tact and 000duslom of law and orders based UP.hie evlderxe and testimeny and represeentations made a, be (b)Service rate submerse caws a therein sate um Sec. c.2F 27.H.rinngps heldbeforae tee I Inn.At Md tenders ode by hjmiV py Des thereof oaYtj such anengsflae afq ih"vp ooncuelah a ant Ib-1-23 to...skier the status a licenses as mileage allowed by law. prethe Co ed InsecienOOn fsheof hearing examinercod shallfumlM te' fcl Failure by any person wltleul adequate excuse Mob., me ro mute.es en findings a fact end is pose 0 upon a Inn vufl ppota serve,canon hint may be deemed a o me n.of Me wrortedte chess ant n esr which Is dosed ch Board,City OItt ignores. supfilldported tc she evidence pratolthd at said In B rd tl. sec.ZBl-1' Severehll City C s..opcluslens and order Shan be advisory oreor the Board o o this chapter nY li a do If pert,ny eerancea' City Commissioners and shall haven force or effect until or, circumstances the application reeso thereof te anv perms o- uniess Woofed a he Commission.Such recommendations made shell for any reason he adlu.dgor by a court a by such hearing 0xeminlee Sty not ceck..I to taking a further, cenmelenm iur{adldMn fo ae ursomtlMbnel or invalid, hyt Idenc�e Of wrthner 0MNw by nine Conmlsslen,If tie Board ates°arara�1,or she .Impair or Invalldat0the remaltder o City Commisstmurs so orders. %IfcumHarpces,od sag lh 1ptbecst1anslrt"aedr Its sOarahPerbm and to consSocider Ito Orders tate of any"flea been held After orr at tthee, enrorsono"i a�i Is lee,I etten°°ray rt ofrlYMalnavp y0ana jrn direction of the Board of City Cannussibneerrs,,t based upon Me' he Commission ring r aortic°eyrsy In whine ce lW1pfl@nenf shell thew Deer rradfdpOfrad(1y/ eviddenc presented at suds heariy Impose such sanctions as It ng.Af l orrders entered by He Ceiithtm ssldlerailDpt M 8 4 Iql tsptm Ilpye poop adpPkd 1/widh Commission In shalla Do final, of sedhe Or d blt�eenredcIalen,Ic dlolslen,aenhterKa ar part a the MI In so even M,prooO on or r0 Commissioners a license, Institutes such yo canon had net been included.uencflen aauepensle to probsen licensee,11.licnof llicense,stds SECTION 2.In Ice wIMOna Canmisal ncta sto h e prei ere ltoo r Mini fa late<d Df the Salt Laker CIN.If la flegasary to Rg Board, °oars of woolen and to too premises in question iar MB full term of the Me"Mobhea i peons•health aedwibearea imposed Son.W 1•20,New license application.It stall be unlawful for a a salt Lake City Ma Mis ordinance become enecflVe ImmeelatelY. any perset,firm.corwraldn c any agent,manager operator publication. 3.Tf is erdlnrce,Dan take meet goon m first of aton temoaiosuseende �uk�dB led or the has Conmissr- Pasxe by Me Board a Co %rsbners a Self Lake CM, rs to reaper for or amain a license whip!has been so Utah,MIs ldh earn Demrntter,late, e ended,revoked or denied durin the Hine Ma WI said license TED L. LSON suspended, been revoked,sumencied or denied or for a period of one MILDRED V.HIGHAM Mayor Year,whichever Is less. IN Recorder Sec.20-1-30.Invesnmetb ti n by e Board of Commissioners. , A e) The Board of City Commissioners may,prior to the Issuance ofPCILL NO.193 a 1918 any license required by MR chapter,investigate any wlicant Published December T1,1916 for a license radar MN<molar If It has reasonable, use to M-871 Deeneve mat sad m .appllca has. is attempting to a fraud or material misrepresentation upon sad Warn,Or may, compel the producald atioodn of doeumame and witnesses In order to IRD Board ofCommissioners misrepresentation.mat a mrnaril Upon aO "finding or fraud has been perpetrate,or attempted in the Ilene thell be issued.' aw 111 efion,avid application may ebee dseynieddm,by n the Commission. Sec.21-1-31.Subpoena.person Cof ity ,Recorder and the u t"derltr d a,loch McMfe and sham llaoll mstnale tthe nag art a rime and place therein tt Morn rerein directed A sutopoer a nd may DalBlsoiimony so�cnommandd the documents,Or ttangi whomblelIbl"sdesipgrau to°tted RDrellt.At the raequuerst 1, a any party subpoenas for attefdane at any tearing Shall be Issued by the City Recorder. }v