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$AN <br />City of San Leandro <br />Meeting Date: October 5, 2015 <br />Resolution - Council <br />File Number: 15-570 <br />TO: City Council <br />FROM: Chris Zapata <br />City Manager <br />BY: Rich Pio Roda <br />City Attorney <br />FINANCE REVIEW: David Baum <br />Finance Director <br />Agenda Section: CONSENT CALENDAR <br />Agenda Number: <br />TITLE: RESOLUTION to Approve the Findings of the Hearing Officer and to Deny the <br />Appeal of Kenny Ma and Run He, the Owners of the Green Leaf Spa, <br />Regarding the Finance Director's Decision to Revoke the Business License for <br />the Green Leaf Spa <br />WHEREAS, on June 17, 2015, the Finance Director conducted a show cause business <br />license revocation hearing for Green Leaf Spa pursuant to City of San Leandro Municipal <br />Code Section 2-2-440. Following the business license revocation hearing, the Finance <br />Director revoked the business license for Green Leaf Spa, finding that he had reasonable <br />cause to believe that the Green Leaf Spa violated San Leandro Municipal Code section 2-2- <br />440 in that statements contained in Green Leaf Spa's application pursuant to which the <br />license was issued were not true, and that Green Leaf Spa did not comply with State laws and <br />City Ordinances in the performance of the business permitted under the license; and <br />WHEREAS, pursuant to City of San Leandro Municipal Code Section 2-2-450, Green <br />Leaf Spa submitted a timely appeal of the Finance Director's revocation decision to the City <br />Council on June 25, 2015; and <br />WHEREAS, City of San Leandro Municipal Code (SLMC) Section 2-2-450 authorizes <br />the City Council to delegate the authority to conduct a hearing for appeals regarding business <br />license revocations to a hearing officer; and <br />WHEREAS, under SLMC section 2-2-450, at an appeal hearing, the licensee must <br />show cause why the action or determination of the Finance Director should not be approved. <br />The findings of the City Council are final and conclusive in the matter; and <br />WHEREAS, the decision of the hearing officer must be submitted to the City Council <br />which may, on the basis of the record only, approve or disapprove the findings of the hearing <br />officer. The findings of the hearing officer for this particular case are attached hereto, and <br />City of San Leandro Page 1 Printed on 9/29/2015 <br />