Chapter 7.10 HEARINGS

The business license commission, except as provided in Section 7.10.020, and except on appeal, shall hold all hearings, otherwise required by this title, to determine whether to grant, deny, modify, suspend or revoke licenses, including information cards as provided for in Section 7.24.040. (Ord. 9714 § 3, 1969: Ord. 9678 § 1, 1968: Ord. 9557 § 4 (part), 1968: Ord. 8649 § 1, 1964: Ord. 8454 § 1 (part), 1963: Ord. 8269 § 1, 1962: Ord. 8221 § 1, 1962: Ord. 8173 § 1, 1962: Ord. 8140 § 2, 1962: Ord. 7462 § 12 (part), 1959: Ord. 6170 § 3 (part), 1953: Ord. 5860 Ch. 1 Art. 9 § 99, 1951.)

Whenever any hearing before the business license commission is provided for by this title, the business license commission may appoint a referee to take testimony and to report his findings to the commission. A member of the commission or the executive officer of the commission may serve as referee. (Ord. 11093 § 4 (part), 1969: Ord. 9714 § 5 (part), 1969: Ord. 5860 Ch. 1 Art. 9 § 102, 1951.)

If the business license commission appoints a county officer or county employee to act as referee, all time spent as a referee shall be considered as time spent by such officer or employee at performing the duties of his position. His compensation for performing both the duties of his position and as referee shall be at the rate of compensation provided for by Ordinance 6222, entitled “the salary ordinance of the county of Los Angeles,” adopted May 28, 1953, and set out at Title 6 of this code. (Ord. 9714 § 5 (part), 1969: Ord. 8698 § 1, 1964: Ord. 5860 Ch. 1 Art. 9 § 103, 1951.)

The member of the commission appointed as referee by Section 7.10.040 may refer any matter under his jurisdiction to the business license commission, either before he has held a hearing or afterwards, in which case the business license commission shall proceed as if Section 7.10.040 had not been adopted. (Ord. 9749 § 4 (part), 1969: Ord. 5860 Ch. 1 Art. 9 § 103.2, 1951.)

The business license commission by majority vote, before the member of the commission appointed referee by Section 7.10.040 has held a hearing, may determine to itself hear the matter in which case the business license commission shall proceed as if Section 7.10.040 had not been adopted, except that the business license commission shall hold the hearing in Lancaster. (Ord. 9749 § 4 (part), 1969: Ord. 5860 Ch. 1 Art. 9 § 103.3, 1951.)

Any person who is dissatisfied with the recommendation of the referee, at any time prior to action thereon by the business license commission, may file with the business license commission a request in writing that his application be heard by the business license commission as a whole at its next regular meeting. (Ord. 9714 § 6 (part), 1969: Ord. 8221 § 2 (part), 1962: Ord. 5860 Ch. 1 Art. 9 § 103.4, 1951.)

If an applicant files a request in person pursuant to Section 7.10.070, the business license commission, when he so files, shall inform him of the date, time and place of the next meeting. Otherwise, on the day on which the request is received or on the next business day the business license commission shall notify him in writing by first class mail of the date, time and place of the hearing. (Ord. 8221 § 2 (part), 1962: Ord. 5860 Ch. 1 Art. 9 § 103.5, 1951.)

Whenever a hearing is provided for by this title and notice of the hearing is to be given to any person, such notice shall be given not less than five days before such hearing, either by registered or certified mail, postage prepaid, or in the manner required for the service of summons in civil actions. (Ord. 10009 § 1 (part), 1970: Ord. 5860 Ch. 1 Art. 9 § 101, 1951.)

7.10.110 Hearing by commission--Public notice requirements--For certain businesses.

In addition to the notice required by Section 7.10.100, not less than five days before a hearing on an application for a license for a public billiard room, billiard club, bookstore, bowling alley, card club, entertainment, growth center, off-the-road vehicles, (Section 7.90.570), outdoor festival, traveling show, motion picture theater, massage parlor, skating rink, model studio, figure studio, picture arcade, adult business or dance (except a dance for which pursuant to Section 7.30.210 a fee is not required), the business license commission shall:
A. Serve notice of the time and place of such hearing on the applicant and upon all persons whose names and addresses appear upon the latest available assessment roll as owners of the whole or any portion of the property on the block where the business is to be operated; and
B. Post such notice on the public street or highway in at least five places on the block where it is proposed to conduct, maintain or operate such business. The notice shall be entitled “Notice of Hearing to Conduct a (activity),” which shall be printed in letters not less than one inch in height. (Ord. 2003-0067 § 14, 2003: Ord. 10336 § 3 (part), 1971: Ord. 10279 § 7 (part), 1971: Ord. 10217 § 5, 1971: Ord. 10009 § 1 (part), 1970: Ord. 9557 § 5 (part), 1968; Ord. 5860 Ch. 1 Art. 9 § 101.1, 1951.)

“Any person having objections to the granting of the license may at any time prior to the date above named, file with the Business License Commission his objections in writing giving his reasons therefor, and he may appear at the time and place of the hearing and be heard relative thereto.”

(Ord. 9557 § 5 (part), 1968: Ord. 5860 Ch. 1 Art. 9 § 101.2, 1951.)

A copy of any notice posted as required by Section 7.10.110 shall be published three times prior to the hearing in a newspaper of general circulation circulated within the district in which the location is situated. In addition to the filing fee, the applicant shall pay for such publications and printing. (Ord. 9557 § 5 (part), 1968: Ord. 5860 Ch. 1 Art. 9 § 101.3, 1951.)

Any person interested, at any time after the filing of an application subject to the provisions of Section 7.10.110, may file written protests or letters against the granting of such license, and the business license commission or hearing officer, as the case may be, in considering the application shall give consideration to all such protests so filed. (Ord. 9557 § 5 (part) 1968: Ord. 5860 Ch. 1 Art. 9 § 101.4, 1951.)

At the time set for the hearing or at the date to which the hearing may be continued by the business license commission or other body having jurisdiction, the referee or such other body shall hear the applicant or licensee, who may present any facts to show why the license should be granted or should not be revoked, and shall hear, also, testimony and other statements from other persons who may attend the hearing and present facts to show why the license should or should not be granted or revoked. The referee, or such other body, may place any witness, including the licensee, under oath. (Ord. 2003-0067 § 15, 2003: Ord. 9714 § 6 (part), 1969: Ord. 8221 § 2 (part), 1962: Ord. 5860 Ch. 1 Art. 9 § 104, 1951.)

At every hearing the business license commission, referee, and license appeals board, by shorthand, stenotype, recording device, or otherwise, shall keep a full, true and correct record of all oral testimony at such hearing. (Ord. 9714 § 6 (part), 1969: Ord. 8221 § 3 (part), 1962: Ord. 6170 § 3 (part), 1953: Ord. 5860 Ch. 1 Art. 9 § 105.2, 1951.)

At the close of the hearing or at any time within 30 days thereafter, the business license commission, or other body having jurisdiction, shall determine from the facts produced at the hearing, or from the report of the referee, and from any other facts in its possession, whether the license should be granted, granted subject to conditions, modified, or revoked, and shall make its order accordingly. Except in cases involving businesses covered by Sections 7.08.070 and 7.
08.140, it may make its order conditional upon the licensee or applicant doing or not doing any act, either personally or through his servants or agents, which the business license commission or such other body deems necessary for the public good. This section does not apply to action on any adult business license issued pursuant to Chapter 7.92. (Ord. 2003-0067 § 16, 2003; Ord. 9714 § 6 (part), 1969: Ord. 8221 § 2 (part), 1962: Ord. 7462 § 12 (part), 1959: Ord. 5860 Ch. 1 Art. 9 § 105, 1951.)

If either the business license commission or the license appeals board grants a license:
A. If no person at the hearing objected to the granting of such license and no person at or prior to the hearing filed any written protest to the granting of such license, it immediately shall notify the tax collector of its action;
B. If any person at the hearing protested the granting of the license, or at or before the hearing a written objection to the granting of the license was filed after the expiration of the time for filing a notice of appeal has expired, it shall notify the tax collector of its action. (Ord. 6586 § 1 (part), 1954: Ord. 6170 § 3 (part), 1953: Ord. 5860 Ch. 1 Art. 9 § 105.4, 1951.)

Unless the business license commission or license appeals officer announces its decision at the close of the hearing, it shall notify the applicant or licensee thereof by first class registered mail, postage prepaid, return receipt requested. (Ord. 2005-0074 § 1, 2005: Ord. 9714 § 6 (part), 1969: Ord. 6170 § 3 (part), 1953: Ord. 5860 Ch. 1 Art. 9 § 106, 1951.)

Except as otherwise provided in this title, all hearings under this title will be conducted utilizing the rules and regulations set forth in Sections 7.10.210 through 7.10.380 of this chapter. (Ord. 9431 § 2 (part), 1967: Ord. 9278 § 3 (part), 1967: Ord. 5860 Ch. 1 Art. 11 § 135, 1951.)

A hearing to determine whether an existing license should be revoked, suspended, limited or conditioned shall be initiated by filing an accusation. The accusation shall be a written statement of charges which shall set forth in ordinary and concise language the acts or omissions with which the respondent is charged, to the end that the respondent will be able to prepare his defense. It shall specify the statutes and rules which the respondent is alleged to have violated, but shall not consist merely of charges phrased in the language of such statutes and rules, with which the respondent must show compliance by producing proof at the hearing; and, in addition any particular matters which have come to the attention of the initiating party and which would authorize a denial of the license sought. The accusation shall be verified unless made by a public officer acting in his official capacity. The verification may be on information and belief. (Ord. 2003-0067 § 17, 2003: Ord. 10279 § 7 (part), 1971: Ord. 9431 § 2 (part), 1967: Ord. 5860 Ch. 1 Art. 11 § 135.1, 1951.)

A. Upon the filing of an accusation against an existing license, the commission shall serve a copy thereof upon the respondent.
B. The accusation may be served on the respondent personally, or by certified or registered mail.
C. Service may be proved in a manner authorized in civil actions. Service by certified or registered mail shall be effective on the date of mailing if a certified letter containing the accusation is mailed, postage prepaid and addressed to the respondent at the latest address on file with the commission.
D. Where a respondent files a notice of defense, or otherwise appears in a proceeding, all objections to the validity of service shall be deemed waived.
E. The copy of the accusation shall include or be accompanied by a statement that respondent may request a hearing by filing a notice of defense as provided in this chapter within 10 days after service upon him of the accusation, and that failure to do so will constitute a waiver of his right to a hearing. The commission shall include with the accusation a postcard or other form, entitled “Notice of Defense,” which, when signed by or on behalf of the respondent and returned to the commission, will acknowledge service of the accusation and constitute a notice of defense. (Ord. 10279 § 7 (part), 1971: Ord. 9714 § 6 (part), 1969: Ord. 9431 § 2 (part), 1967: Ord. 5860 Ch. 1 Art. 11 § 135.3, 1951.)

A. Within 10 days after service upon him of the accusation against an existing license, the respondent may file with the commission one or more notices of defense in which he may:
1. Request a hearing;
2. Object to the accusation upon the ground that it does not state acts or omissions upon which the commission may proceed;
3. Object to the form of the accusation on the ground that it is so indefinite or uncertain that he cannot identify the transaction or prepare his defense;
4. Admit the accusation in whole or in part.
B. The respondent shall be entitled to a hearing on the merits if he files a notice of defense within 10 days, and any such notice shall be deemed a specific denial of all parts of the accusation not expressly admitted. Failure to file such notice shall constitute an admission of the truth of the allegations of the accusation and a waiver of respondent’s rights to a hearing, but the commission in its discretion may nevertheless grant a hearing. Unless objection is taken as provided in this section, all objections to the form of the accusation shall be deemed waived.
C. The notice of defense shall be in writing signed by or on behalf of the respondent, and shall state his mailing address. It need not be verified or follow any particular form. (Ord. 10279 § 7 (part), 1971: Ord. 9920 § 3 (part), 1969: Ord. 9714 § 6 (part), 1969: Ord. 9431 § 2 (part), 1967: Ord. 5860 Ch. 1 Art. 11 § 135.4, 1951.)

At any time before the matter is submitted for decision, the commission may file or permit the filing of an amended or supplemental accusation. All parties shall be notified thereof. If the amended or supplemental accusation presents new charges, the commission shall afford respondent a reasonable opportunity to prepare a defense thereto. Any new charges shall be deemed controverted, and any objections to the amended or supplemental accusation may be made orally and shall be noted in the record. (Ord. 9714 § 6 (part), 1969: Ord. 9431 § 2 (part), 1967: Ord. 5860 Ch. 1 Art. 11 § 135.5, 1951.)

The commission may order amendment of the accusation after submission of the case for decision. Each party shall be given notice of the intended amendment and opportunity to show that he will be prejudiced thereby unless the case is reopened to permit the introduction of additional evidence in his behalf. If such prejudice is shown, the commission shall reopen the case to permit the introduction of additional evidence. (Ord 9714 § 6 (part), 1969: Ord. 9431 § 2 (part), 1967: Ord. 5860 Ch. 1 Art. 11 § 135.11, 1951.)

The commission shall deliver or mail a notice of hearing to all parties at least five days prior to the hearing. The hearing shall not be prior to the expiration of the time within which the respondent is entitled to file a notice of defense. The respondent may file a written waiver of time and request an immediate hearing. The notice to respondent shall be substantially in the following form, but may include other information:

“You are hereby notified that a hearing will be held before the (Commission or referee as appropriate) at ____, on the _____ day of ________, 19___, at the hour of ______, upon the charges made in the accusation served upon you. You may be present at the hearing, may be, but need not, represented by counsel, and may present any relevant evidence, and will be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by applying to the Commission.”

The commission shall determine the time and place of hearing. (Ord. 9714 § 6 (part), 1969: Ord. 9431 § 2 (part), 1967: Ord. 5860 Ch. 1 Art. 11 § 135.6, 1951.)

A. The commission is authorized and empowered to summon witnesses for hearing by requesting the clerk of the board of supervisors to issue subpoenas requiring the attendance of such witnesses at a time and place specified.
B. The clerk of the board, or the business license commission, may summon witnesses for hearings at the request of any party to a proceeding under this title. A party to a proceeding under this title desiring the issuance of a subpoena accompanied by an affidavit specifying the name and address of the proposed witness and setting forth in full detail the materiality of his testimony. If the party seeks a subpoena duces tecum, the affidavit shall specify in addition the exact matters or things desired to be produced, and set forth in the full detail the materiality thereof to the issues involved in the case, and state that the witness has the desired matters or things in his possession or under his control. The requirement for an affidavit shall not apply in the case of public officers acting in their official capacities as such. (Ord. 9714 § 6 (part), 1969: Ord. 9431 § 2 (part), 1967: Ord. 5860 Ch. 1 Art. 11 § 135.7, 1951.)

It shall be a misdemeanor to wilfully ignore a subpoena or subpoena duces tecum issued pursuant to this title, or for any person present at any hearing in obedience to a subpoena or otherwise to wilfully refuse to be sworn or wilfully refuse to answer any material or proper question directed to him, except where such testimony is otherwise privileged. (Ord. 9431 § 2 (part), 1967: Ord. 5860 Ch. 1 Art. 11 § 135.8, 1951.)

Hearings need not be conducted according to technical rules relating to evidence and witnesses. Oral evidence shall be taken only on oath or affirmation, and each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though the matter was not covered in the direct examination, to impeach any witness regardless of which party called him to testify, and to rebut the evidence against him. If respondent does not testify in his own behalf, he may be called and examined as if under cross-examination. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. Irrelevant and unduly repetitious evidence shall be excluded. (Ord. 9431 § 2 (part), 1967: Ord. 5860 Ch. 1 Art. 11 § 135.9, 1951.)

The commission shall receive and consider all competent evidence introduced by any person who does not represent the county if such evidence tends to prove a valid ground for denying or revoking a license, imposing conditions thereon or refusing to remove conditions therefrom, even if such ground is not within the accusation or statement of issues, and may consider such ground. (Ord. 9749 § 6, 1969: Ord. 5860 Ch. 1 Art. 11 § 135.9.1, 1951.)

If a contested case is heard by a referee alone, he shall, within three days, submit a written report to the business license commission. Such report shall contain a brief summary of the evidence considered, and shall state the examiner’s conclusions and recommendations. The report shall contain a proposed decision, in such form that it may be adopted by the business license commission as its decision in the case. All referee’s reports shall be filed by the business license commission as a public record. A copy of each proposed decision so filed shall then be mailed to each party by the executive officer of the business license commission. (Ord. 9714 § 6 (part), 1969: Ord. 9431 § 2 (part), 1967: Ord. 5860 Ch. 1 Art. 11 § 135.13, 1951.)

Within 30 days of receipt of the referee’s report and recommendation, the business license commission shall make a decision based on its consideration of such report and recommendation. The commission may accept or reject the proposed decision of the referee, in part or in its entirety, or may increase or reduce any proposed penalty, or may make such other decision in conformance with the provisions of this title as its deems appropriate. (Ord. 92-0132 § 5, 1992.)

If the respondent fails to file a notice of defense or fails to appear at the hearing, such failure shall constitute an admission of all of the allegations of the accusation. The commission may take action based upon the respondent’s implied and express admissions or upon other evidence. The commission or referee also may act without taking evidence if the express or implied admissions of the respondent are sufficient to sustain the action taken. (Ord. 9920 § 3 (part), 1969: Ord. 9714 § 6 (part), 1969: Ord. 9431 § 2 (part), 1967: Ord. 5860 Ch. 1 Art. 11 § 135.17, 1951.)

The decision of the commission or referee shall be in writing, and shall contain a determination of the issue presented and the penalty, if any. Copies of the decision shall be delivered to the respondents or their attorneys or other representatives by manual delivery, or sent to them by certified or registered mail, unless such decision is announced at the conclusion of the hearing. (Ord. 9848 § 1, 1969: Ord. 9714 § 6 (part), 1969: Ord. 9431 § 2 (part), 1967: Ord. 5860 Ch. 1 Art. 11 § 135.15, 1951.)

The decision shall become effective 15 days after such decision is announced at the conclusion of the hearing or it is delivered or mailed to respondent unless a reconsideration is ordered within that time, or the board or commission orders that the decision shall become effective sooner, or a stay of execution is granted. (Ord. 9431 § 2(part), 1967: Ord. 5860 Ch. 1 Art. 11 § 135.16, 1951.)

The filing of an appeal to the license appeals officer from any decision of the business license commission which grants, denies or revokes a license shall not operate to stay such decision of the business license commission unless so ordered by the license appeals officer upon a showing a good cause by affidavit, pending a hearing by the license appeals officer; however, the filing of an appeal to the license appeals officer from a decision of the business license commission which suspends, modifies or conditions a license shall operate to stay such decision of the business license commission. (Ord. 2005-0074 § 2, 2005: Ord. 9431 § 2 (part), 1967: Ord. 9278 § 3 (part), 1967: Ord. 5860 Ch. 1 Art. 11 § 136, 1951.)

7.10.400 Hearing procedures--Ambulance operator and ambulance vehicles--Ambulette operators, drivers and attendants.

The hearing rules or procedures described in Sections 7.10.030, 7.10.040, 7.10.050, 7.10.060, 7.10.070, 7.10.080, 7.10.090, 7.10.110, 7.10.120, 7.10.130, 7.10.140, and 7.10.330 of this chapter shall have no application to any hearing conducted by the director of the county department of health services or his/her duly authorized designee(s) regarding licensure of an ambulance or an ambulance operator, or an ambulette operator, ambulette driver, or ambulette attendant under this title. Whenever any hearing before the department of health services is provided for by this title, the director of the department of health services may appoint a referee to take testimony and to report his/her findings to the director of the department of health services. (Ord. 92-0132 § 6, 1992: Ord. 91-0002 § 2, 1991: Ord. 88-0181 § 2, 1988.)