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HomeMy Public PortalAboutResolution 97-3597RESOLUTION NO. 97 -3597 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY REVOKING FOR CAUSE THE BUSINESS LICENSE OF THE LA VILLA BAR AT 4812 TEMPLE CITY BOULEVARD OWNED BY FRANCISCO J. MADERA - 5558 HALIFAX ROAD, ARCADIA, CALIFORNIA THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE: SECTION 1. DUE PROCESS: On April 15, 1997, the City Clerk mailed to Mr. Madera and to his then attorney a Notice of proposed revocation of his business license for cause on May 6, 1997. Said Notice was as set forth on Exhibit "A" attached hereto. Attached to said Exhibit "A" was a copy of the Sheriff's investigatory report, attached hereto as Exhibit "B ". On May 6, 1997, at 7:30 p.m. a due process hearing was conducted. Mr. Madera appeared through his attorney, Stephen Romero, and the Sheriff prosecuted the civil proceedings through its attorney R. Zaiden Corrado; said proceedings were reported through a certified court reporter, a transcript of which will be attached hereto as Exhibit "C ". SECTION 2. FINDINGS: A. The City council fmds that of all the charges set forth on Exhibits "A" and "B ", Mr. Madera defends as untrue only the charge relating to a conviction for dealing in prohibited drugs. No defense having been offered as to all other charges, the Council fords that each, every and all of such other charges are true; that such conduct is contrary to the public health, safety and welfare and constitutes a public nuisance. B. As to the drug charges, the defense is that such conviction is currently undergoing a "search & seizure" appeal, so that the conviction might be reversed, the Council fmds that the City need not endure drug dealing and public nuisances while a matter is going through countless appeals, and therefore fmds the charges true. C. The Council further fmds that there are no conditions that could reasonably be attached to the business license that could correct the ongoing problems related to the operation of the Bar and the nuisances created thereby, and that accordingly revocation is a fair and reasonable abatement method. SECTION 3. CONCLUSION: For the forgoing reasons, the business license issued to Francisco Madera to operate the La Villa Bar at 4812 Temple City Boulevard be and the same is hereby revoked. Pursuant to Resolution No. 93 -3235, the statute of limitations for an appeal of this matter to the Superior Court under CCP 1094.5 is hereby set at 90 days. SECTION 4. The City Clerk shall certify to passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED ON 20TH DAY OF MAY, 1997. ATTEST: Resolution No. 97 -3597 Page 2 I hereby certify that the foregoing resolution, Resolution No. 97 -3597, was adopted by the City Council of the City of Temple City at a regular meeting held on 20th day of May, 1997 by the following vote: AYES: Councilman- Breazeal, Brook, Wilson, Gillanders, Souder NOES: Councilman-None ABSENT: Councilman -None 1 1 1