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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />RESOLUTION NO. 2017-055 <br />RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO <br />PERFORM CERTAIN FUNCTIONS PERTAINING TO THE BUSINESS LICENSE <br />DENIAL OF ROYAL ICE CREAM PURSUANT TO CITY OF SAN LEANDRO <br />MUNICIPAL CODE SECTION 2-2-450 AND APPROVING THE FINDINGS OF THE <br />HEARING OFFICER TO UPHOLD THE APPEAL OF PATRAS GILL, OWNER, <br />REGARDING THE FINANCE DIRECTOR'S DECISION TO DENY THE BUSINESS <br />LICENSE FOR ROYAL ICE CREAM <br />WHEREAS, on March 8, 2017, the Finance Director rejected a business license <br />application for Royal Ice Cream pursuant to San Leandro Municipal Code Section 2-2-420 after <br />determining that the owner and operator for Royal Ice Cream, Mr. Patras Gill, inaccurately <br />submitted a business license application that stated Mr. Gill had not received a citation for a <br />moving violation within the past ten (10) years; and <br />WHEREAS, pursuant to San Leandro Municipal Code Section 2-2-450, Royal Ice <br />Cream timely submitted an appeal of the Finance Director's decision; and <br />WHEREAS, City of San Leandro Municipal Code Section 2-2-450 authorizes the City <br />Council to delegate the authority to conduct a hearing for appeals regarding business license <br />denials, revocations, and non -renewals to a hearing officer and make a recommendation to the <br />City Council for a final determination; and <br />WHEREAS, the City Council does hereby wish to delegate this authority to the City <br />Manager or his designee; and <br />WHEREAS, under San Leandro Municipal Code Section 2-2-450, at an appeal hearing, <br />the applicant must show cause why the action or determination of the Finance Director should <br />not be approved. 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 the business license denial appeal for Royal Ice <br />Cream are attached hereto, and made a part hereof. <br />NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as <br />follows: <br />1. The Recitals above are true and correct, and made a part of the City Council's decision; <br />and <br />2. Pursuant to City of San Leandro Municipal Code Section 2-2-450, the City Council <br />hereby authorizes the City Manager, or his designee, to conduct the appeals hearing for the <br />denial of the Royal Ice Cream business license. The City Manager is also authorized to take all <br />