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HomeMy Public PortalAbout2010.191 (09-21-10) RESOLUTION NO. 2010.191 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE REVOCATION OF BUSINESS LICENSE #00313, ISSUED TO MUEBLERIA DEL SOL, FOR THE OPERATION OF A FURNITURE RETAIL BUSINESS AT 11406 LONG BEACH BOULEVARD IN THE CITY OF LYNWOOD, CALIFORNIA WHEREAS, On June 24, 2004, the Business License Division issued license number 00313 to Herminia Carrioza to operate a Muebleria Del Sol, a furniture retail business; and � WHEREAS, the business is located within an existing building on property located at 11406 Long Beach Boulevard, in the C-2 (Light Commercial) zone; and WHEREAS, On August 10, 2010, the City Manager held a public hearing, in accordance with LMC 4-9-.1 "Suspension of Licenses and Special Permits By The City manager"; and WHEREAS, based on evidence and testimony provided at that hearing, the City Manager approved the temporary suspension of the license, pending a revocation hearing by the City Council in accordance with LMC 4-9.4 "Hearing On Suspension By the City Manager"; and WHEREAS, On September 7, 2010, the City Council called for a Public hearing on September 21, 2010; and WHEREAS, pursuant to Lynwood Municipal Code (LMC) Section 4-9.5, the City Council has the authority to revoke a business license at any time after a noticed public hearing based on the findings identified in that hearing; and WHEREAS, on September 21, 2010, the City Council held a duly noticed public hearing, considered all evidence, documentary and verbal. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, DETERMINE, ORDER AND-RESOLVE AS FOLLOWS: Section 1. Business activities at Muebleria Del Sol are in violation of Lynwood Municipal Code, and the Business and Professions Code. Section 2. Pursuant to evidence from staff inspections, conversations with the business owner, business customers, Sheriff Department staff, and residents, violations continue to occur Muebleria Del Sol. The evidence includes the following findings: , , � ' . - • . . . � .. Finding 1 Licensee is illegally practicing in violation of the LMC with regard to outdoor display. (LMC 25-25-8). Business License was cited by Notice of Violation on February 19, 2009, March 16, 2009, February 9, 2010, and February 10, 2010. Finding 2 Licensee is violating LMC with regard to illegal dumping on city property. (LMC 3-13.2 i-1). Licensee was cited on February 19, 2009, March 30, 2009, February 9, 2010, and February 10, 2010. Finding 3 Licensee is violating LMC with regard to outdoor signage. (LMC) 25-70-13 A.5). Licensee was cited on April 27, 2009. Finding 4 Licensee is violating the Business and Professions Code with regard to Fair Business Practices. (Business & Professions Code 19150). Complaints against the business were recorded on April 27, 2009, February 10, 2010, February 16, 2010, February 25, 2010, March 9, 2010, March 10, 2010, March 10, 2010, March 24, 2010, April 19, 2010, April 26, 2010, May 12, 2010, July 21, 2010. Section 3. That after considerin public oral and written comments at the 9 public hearing, including testimony provided at the City Council meeting of September 7, 2010 the City Council hereby revokes the business license issued to Muebleria Del Sol located at 11406 Long Beach Boulevard in accordance with LMC Sections 4-9.4 and 4-9.5. Section 4. That this Resolution shall become effective immediately upon its adoption and be filed with city records within five days, per LMC Section 4-9.4. PASSED, APPROVED and ADOPTED this 21 day of September, 2010. ��p,�.J �ts^aoX� Mari T. Santillan, Mayor ATTEST: ..- / , aria Quinonez, City Clerk Roger L. Haley, � Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT: � l l�X�� Fred alante, City Attorney Jo han Colin, Director De elopment Services STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 21 day of September, 2010. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSENT: NONE ABSTAIN: NONE � / aria Quinonez, Cit lerk STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a fuli, true and correct copy of Resolution No. 2010.191 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 21 day of September, 201 Q � Maria Quinonez, City Clerk