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Ordinance No. 030 - Amending Regulating BusinessesORDINANCE NO. 30 AN ORDINANCE OF THE CITY OF ROSEMEAD AMENDING THE ROSEMEAD MUNICIPAL CODE RELATING TO HEARINGS UNDER THE ORDINANCE REGULATING BUSINESSES IN THE CITY OF ROSEMEAD. THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS: SECTION I. AMENDING MUNICIPAL CODE. Article VI, Chapter 2, of the Rosemead Municipal Code is amended by adding Section 6201 to read as follows: "Section 6201. Ordinance No. 5060 of the County of Los Angeles, as amended to June 3, 1960, is hereby amended as follows: (A) By deleting Sections 99 to 106, inclusive from Article IX of Chapter I thereof and substituting the following: "Sec. 99. Hearin Officer. The City Administrator is hereby constituted as the hearing officer to hold all hear- ings to determine whether to grant, deny, modify, suspend or revoke all licenses required by this ordinance. "Sec. 100. Notice of Hearings. Whenever a hear- ing is provided for by this ordinance and notice of the hear- ing is to be given to any person, such notice shall be given not less than five (5) days before such hearing either by re- gistered mail, postage prepaid, or in the manner required for the service of summons in civil actions. Notice of such hearing shall be posted at the City Hall and shall be mailed to each member of the City Council. "Sec. 101. Conduct of Hearing. At the time set for the hearing or at the ate to whincF the hearing may be continued by the hearing officer, the hearing officer shall hear the applicant or licensee, who may present any facts to show why the license should be granted or be revoked, and shall hear, • also, testimony and other statements from other persons who may attend the hearing and present reasons why the license should or should not be granted or revoked. The hearing officer may place any witness including the licensee, under oath. At every hearing the hearing officer shall keep a full, true and correct record of all oral testimony at such hearing, by shorthand, stenotype, recording device or otherwise. "Sec. 102. Findings and Recommendation. At the close of the hearing or at any time Within t irty days there- after the hearing officer shall determine from the facts pro- duced at the hearing and from any other facts in the posses- sion of the hearing officer, whether the license should be granted, granted subject to conditions, modified or revoked, and shall make findings of fact and his recommendation ac- cordingly to the City Council. "Sec. 103. Notice and Exceptions. The hearing officer shall give written notice tt5 aplicant or licensee of the making of his findings of fact and recommendation and shall mail a copy thereof to applicant or licensee. With ten (10) days after date of such notice the applicant or licensee may file written exceptions thereto for consideration by the City Council. Failure to make such written exceptions shall constitute a waiver of any objection to the findings or re- commendation." (B) All of Article 9.5 is deleted and the following is substituted: "Article 9.5 Determination by City Council. "Sec. 107. Determination by City Council. The City Council shall consider the findings of fact and recommendation of the hearing officer and shall make such order as may be appropriate with respect to the license matter as to which the hearing was conducted. Such determination by the City Council may be based upon such findings of fact.and recommendation and the documentary evidence offered at the hearing before said hearing officer and the transcript of the oral proceedings (if one is prepared), and such other evidence, if any, as the Council may receive. The Council may determine, in its dis- cretion, whether to receive any additional evidence. If the applicant or licensee desires that the City Council review the oral proceedings held before such hearing officer, the applicant or licensee shall within ten (10) days after notice of the making of such findings and recommendation deposit with the City Clerk a written request that a transcript be prepared of such oral proceedings together with a.sum sufficient to cover the cost of one original and five copies of such trans- cript. Failure to make such request or deposit shall constitute a waiver by the applicant or licensee of a review of..the oral proceedings by the City Council. SECTION 2. Article VI, Chapter 2 of the Rosemead Municipal Code is amended by adding Section 6202 to read as follows: "Section 6202. Definition. Wherever the words, "Public Welfare Commission or ommission" are used in said Ordinance No. 5860, as amended, the same shall mean "hearing officer." SECTION 3. • No provision has been made for the conducting of hearings for the granting, denying, modifying, suspending or revocation of licenses for businesses regulated hereunder. There are matters presently pending which require prompt dis- position and such disposition is necessary in order to pre- serve and protect the public peace, health, safety and welfare. This ordinance is therefore an urgency ordinance and shall take effect immediately. PASSED, APPROVED AND ADOPTED this 10th day of June, 1960 by the following roll call vote: AYES: Councilmen: Andersen, Jackman, Lowrey, Phinney,.Stead. NOES: Councilmen: None. ABSENT: Councilmen: None. Mayor of the ity~of osemea ATTEST: City Clerk - 2 -