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HomeMy Public PortalAboutResolution 99-37461 1 RESOLUTION NO. 99 -3746 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY MAKING FINDINGS OF FACT, CONCLUSIONS AND ORDERING THE REVOCATION FOR CAUSE OF THE BUSINESS LICENSE FOR JOBO'S LIQUOR (LICENSE #002002) FOR PREMISES LOCATED AT 9152 LAS TUNAS DRIVE THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings: a) The Sheriff's Office has heretofore recommended revocation of the Business License of Jobo's Liquor based on the conviction of Mr. San, the owner and operator thereof for the crime of receiving and selling stolen property. b) A duly noticed public hearing on such recommendation was scheduled for April 6, 1999. c) At the request of Mr. Kaplan (attorney for Jobo's) the matter was continued until April 20, 1999. d) On April 20, 1999, at 8:30 p.m. an evidentiary hearing was held on the Sheriff's recommendation for revocation. e) Said hearing was reported by a certified court reporter, a transcript of which is to be attached to this Resolution as and when received, and is to be marked as Exhibit "A ". The fact of Mr. San was the owner and operator of Job's at the time of such conviction, and the fact of such conviction for receiving and selling stolen property was introduced in the Minute Order of the Court, a copy of which is attached hereto as Exhibit "B". g) Mr. Kaplan did not dispute such conviction, but argued for the severity of the remedy of revocation. He suggested a suspension or other more lenient action. The City s records were introduced to show that a person at the same address had applied for end wE.s being considered for a replacement license upon compliance with ABC regulatior.s, and that therefore the revocation of an alter ego was not that severe. h) Mr. Kaplan also requested another continuance based upon a pending court order restricting Mr. San to his residence. Deputy D'Evelyn countered by stating in this experience probation officers will release a detainee for any due process proceeding. Mr. Kaplan admitted he had not attempted to bring his client to the hearing. Accordingly, the continuance was denied. i) Ms. Aguirre (Counsel retained by the Council for the Sheriff) introduced TCMC Code Sections 3136 and 3139A, copies of which are attached hereto as Exhibit "C ". The Council found that Mr. San's conviction to be a violation of such code sections, despite Mr. Kaplan's assertion that such sections were facially (but not "as applied ") unconstitutional. SECTION 2. Conclusions. Based upon the foregoing findings, the City council concludes: a) That Mr. San (as owner o° Jobo's) has been convicted (on a nolo contendere plea) of a crime of receiving and selling stolen merchandise (liquor) in his business establishment at the above address. b) That such conviction is a crime of moral turpitude. Resolution No. 99 -3746 Page 2 c) That such conviction authorizes (pursuant to TCMC code Sections 3136 and 3139A), this City Council to revoke Jobo's business license. d) That such revocation is appropriate and necessary to safeguard the health, safety and welfare of this community; a community that has attempted to assure its residents of commercial activities of the highest type, free from crime and fraudulent practices. e) That it has been proven to the satisfaction of the Council that Mr. San and Jobo's, having been convicted of a crime of moral turpitude, have not and apparently will not operate in this City without the cost of extra police inspection, and in a manner inimical to the health, safety and welfare of the City and its residents. SECTION 3. Action. Based upon the foregoing, the City Council revokes Business License No. 002002, effective as of 9:00 p.m., April 20, 1999, thereby depriving Mr. San (and only Mr. San) from operating Jobo's Liquor store within the City. This revocation is without precedent to the pending application of a companion of Mr. San whose application for a replacement license is still pending, awaiting ABC clearance. Pursuant to CCP §1094.6 an appeal period of 90 days to apply for court review of this revocation is hereby established. SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution. APPROVED AND ADOPTED this 20th day of April, 1999. ATTEST: APPROVED AS TO FORM: City Att Zt4e24e MAYOR I hereby ce f the foregoing resolution, Resolution No. 99 -3746 was duly adopted by the City Council of the,,ity of Temple City at a special meeting held on the 20th day of April, 1999, by the following vote: AYES: Member - Souder, Breazeal, Brook NOES: Member -None ABSENT: Member- Gillanders, Wilson City Clerk 1 1 1