Reso 2015-169 - Laserfiche WebLink

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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO i191LY1] 1(Li 1 [I]W[/ ► I19aGSM RESOLUTION TO APPROVE THE FINDINGS OF THE HEARING OFFICER AND TO DENY THE APPEAL OF KENNY MA AND RUN HE, THE OWNERS OF THE GREEN LEAF SPA, REGARDING THE FINANCE DIRECTOR'S DECISION TO REVOKE THE BUSINESS LICENSE FOR THE GREEN LEAF SPA WHEREAS, on June 17, 2015, the Finance Director conducted a show cause business license revocation hearing for Green Leaf Spa pursuant to City of San Leandro Municipal Code Section 2-2-440. Following the business license revocation hearing, the Finance Director revoked the business license for Green Leaf Spa, finding that he had reasonable cause to believe that the Green Leaf Spa violated San Leandro Municipal Code section 2-2-440 in that statements contained in Green Leaf Spa's application pursuant to which the license was issued were not true, and that Green Leaf Spa did not comply with State laws and City Ordinances in the performance of the business permitted under the license; and WHEREAS, pursuant to City of San Leandro Municipal Code Section 2-2-450, Green Leaf Spa submitted a timely appeal of the Finance Director's revocation decision to the City Council on June 25, 2015; and WHEREAS, City of San Leandro Municipal Code (SLMC) Section 2-2-450 authorizes the City Council to delegate the authority to conduct a hearing for appeals regarding business license revocations to a hearing officer; and WHEREAS, under SLMC section 2-2-450, at an appeal hearing, the licensee must show cause why the action or determination of the Finance Director should not be approved. The findings of the City Council are final and conclusive in the matter; and WHEREAS, the decision of the hearing officer must be submitted to the City Council which may, on the basis of the record only, approve or disapprove the findings of the hearing officer. The findings of the hearing officer for this particular case are attached hereto, and made a part hereof. NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as follows: The Recitals above are true and correct, and made a part of the City Council's decision; and Pursuant to City of San Leandro Municipal Code Section 2-2-450, the City Council approves the findings of the hearing officer; which are as follows: "The Licensee has failed to show cause why the action or determination of the Finance Director should not be approved. Based upon the evidence submitted and the findings set forth, the business license revocation of the Green Leaf Spa is upheld and the appeal is denied."