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File Number: 17-206 <br />Finance Department in order to operate a business providing mobile ice cream vendor <br />services in San Leandro. Pursuant to San Leandro Municipal Code Section 2-2-420, the <br />Finance Department denied the business license application on March 8, 2017 after <br />determining that Mr. Gill had provided a statement in the application that was not true. <br />Mr. Gill submitted an appeal of the Finance Director’s denial of the business license. <br />Pursuant to the San Leandro Municipal Code, the City Council considers appeals of denials of <br />business licenses. <br />The proposed resolution authorizes the City Manager, or his designee, to perform the City <br />Council’s duties regarding the appeal by Royal Ice Cream. Transferring this responsibility to <br />the City Manager relieves the City Council from holding an appeal hearing at a City Council <br />meeting and allows the City Manager’s designee to consider the appeal. <br />The City Manager designated Deputy City Manager Eric Engelbart to serve as the Hearing <br />Officer for the appeal of the denial for the business license. Under the San Leandro Municipal <br />Code, the City Council, based upon the record only, may approve or disapprove the Hearing <br />Officer’s Findings. On March 23, 2017, the Deputy City Manager, the City’s independent <br />Hearing Officer for this case, held a hearing for the licensee to show cause why the action or <br />determination of the Finance Director should not be approved. On April 3, 2017, the Hearing <br />Officer rendered his findings, and decision. The Hearing Officer’s findings and decision are <br />attached. <br />For purposes of expedience for both the business applicant and the City Council, staff <br />recommends that the City Council concurrently and retroactively refer consideration of the <br />business license appeal to the City Manager or his designee, in this case, the Deputy City <br />Manager. Pursuant to the Hearing Officer’s Findings and Decision, the applicant showed <br />cause why the Finance Director’s denial of the business license should not be approved. <br />Based upon the evidence submitted and the findings of the Hearing Officer, Royal Ice <br />Cream’s appeal should be upheld and the business license should be granted. <br />Page 2 City of San Leandro Printed on 4/10/2017 <br />41