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HomeMy WebLinkAboutORD NO 5134ORDINANCE NO. 5 13 4 ORDINANCE AMENDING SECTION 5.14.060 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE APPEAL PROCESS FOR CABARET PERMITS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 5.14, Section 5.14.060 of the Bakersfield Municipal Code is hereby amended to read as follows: 5.14.060 Appeal. A. Should any applicant be dissatisfied with the decision of the chief of police or designee not to grant a permit or for the suspension or revocation of a permit, then the applicant may, no later than ten days after notice of such decision is deposited in the United States mail, addressed to the applicant or permittee at the address provided on the application, make written objection to the city manager or designee setting the grounds for dissatisfaction whereupon the city manager or designee shall hear the objections at a hearing within a reasonable time frame following the filing of the objection with the city clerk. The applicant shall be given written notice no less than three days prior to the hearing. The city manager or designee may, upon the hearing, sustain, suspend or overrule the decision of the chief of police or designee, which decision shall be final and conclusive. B. Pending the hearing and final decision, the decision of the chief of police or designee shall remain in full force and effect and any reversal thereof by the city manager or designee shall not be retroactive but shall take effect as of the date of the decision on appeal. Ordinance Amending Section 5.14.060 Appeal. -- Page 1 of 2 Pages -- o�c�AKF9J, m r 'ORIONA1 c SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. --------- 000 --------- HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on SEP 1 31013 by the following vote: YES: COUNCILMEMBER: N ES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ✓ ✓ ✓ ✓ ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, KAUR AQ J LIE DRIMAKIS, CPMC, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: SEP 1 31013 By: KAR N GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: jah"MWA'ao ASHLEY BRANO Deputy City Attorney AEZ:em S:\COUNCIL\Ords\23-24\5.14.060.CobaretAppeals.Fnl.docx Ordinance Amending Section 5.14.060 Appeal. -- Page 2 of 2 Pages -- o� 6AKF9� T F- m 'ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) County of Kern )ss. JULIE DRIMAKIS, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 18th day of September 2023 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 5134, passed by the Bakersfield City Council at a meeting held on the 13th day of September 2023 and entitled: ORDINANCE AMENDING SECTION 5.14.060 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE APPEAL PROCESS FOR CABARET PERMITS. JULIE DRIMAKIS, MMC City Clerk and Ex Officio of the Council of the City of Bakersfield BAUY DityClerk SADOCUMENTIFORMSWOP.ORD.wpd