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HomeMy WebLinkAboutORD 07-019 ORDINANCE NO. 07-019 ENTITLED AN ORDINANCE AMENDING CHAPTER 7, ARTICLE IV, SECTION 7-61, SUBSECTIONS 7-63(a) AND (c), ARTICLE VI, SECTIONS 7-82 AND 7-84, SUBSECTIONS 7-88(d), 7-89(d) AND (e) AND 7-104(c) AND SECTION 105; AND REPEALING CHAPTER 7, ARTICLE I, SECTIONS 7-1 THROUGH 7-12 AND ARTICLE II, DIVISION 1, SECTIONS 7-20 THROUGH 7-26 OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. WHEREAS, the City of Beaumont endeavors to maintain a clear, comprehensible, and cohesive Code of Ordinances; and, WHEREAS, the City is therefore revising its Code to comport with current law and court interpretation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That Chapter 7, Article I, Sections 7-1 through 7-12 and Article II, Division 1, Sections 7-20 through 7-26, be and the same are hereby repealed. Section 2. That Chapter 7, Article IV, Section 7-61, be and the same is hereby amended to amend the following definitions to read as follows: Sec. 7-61. Definitions. Business means an activity carried on by any person who buys or exchanges for used jewelry, money, silverware, or precious metal, as defined in this section, for profit. The term "business" shall not include occasional purchases, sales or exchanges made by a hobbyist, nor shall it include activities regulated by the Texas Pawnshop Act (Chapter 371, Texas Finance Code). Dealer means any person who buys or exchanges used jewelry, money, silverware, or precious metal in the course of business, but does not include persons regulated by the Texas Pawnshop Act (Chapter 371, Texas Finance Code). Section 3. That Chapter 7, Subsections 7-63(a) and (c) be and the same are hereby amended to read as follows: Sec. 7-63. Issuance of permit, fee. (a) Upon receipt of the application, the chief of police shall issue a permit upon the payment of a fee of fifty dollars ($50.00); provided, however, no permit shall be issued to any applicant who has been found guilty by a court of competent jurisdiction within the preceding ten (10) years of a criminal offense against property defined in Title 7 of the Texas Penal Code, provided further that violation of any provision of this article shall be grounds for denial of such permit. Permits issued hereunder shall be valid for a period of five (5) years. (c) Upon receipt of an application, the chief of police may, upon request, issue a temporary permit upon the payment of a fee of twenty-five dollars ($25.00) which shall be issued upon the same terms and conditions as five-year permits, but which shall be valid for thirty (30) days from the date of issuance. Section 4. That Chapter 7, Article VI, Section 7-82 be and the same is hereby amended to amend the following definition to read as follows: Sec. 7-82. Definitions. Hearings officer means an attorney licensed by the Supreme Court of the State of Texas who is not an employee of the city. Section 5. That Chapter 7, Article VI, Section 7-84 be and the same is hereby amended by adding subsections Q) and (k) to read as follows: Sec. 7-84. License--Issuance or denial. Q) Upon denial of a license, the applicant shall have the opportunity to appear before a hearings officer appointed by the city manager upon written request submitted to the city manager within ten (10) business days of delivery of the notice of denial. The hearing shall be held within fourteen (14) business days of receipt of the request for a hearing on the application and the applicant and the city attorney or his designee shall be provided an opportunity to present evidence and cross-examine witnesses. (k) Upon a finding from a preponderance of the evidence presented at the hearing that cause exists for denial of the license, the hearings officer shall order the application be denied. The applicant may not reapply for a period of one (1) year. The hearings officer shall issue a written order to the applicant pursuant to this article. i Section 6. That Chapter 7, Article VI, Subsection 7-88(d) be and the same is hereby amended to read as follows: (d) Upon finding from a preponderance of the evidence presented at the hearing that cause exists for suspending the license, the hearings officer shall suspend the license for a period not to exceed sixty (60) days. The hearings officer shall issue a written order suspending the license effective upon notice to the licensee pursuant to this article. Section 7. That Chapter 7, Article VI, Subsections 7-89(d) and (e) be and the same are hereby amended to read as follows: Sec. 7-89. Revocation. (d) The licensee shall have the opportunity to appear before a hearings officer appointed by the city manager upon written request submitted to the city manager within ten (10) business days of delivery of the notice of revocation. The hearing shall be held within fourteen (14) business days of receipt of the request for a hearing on the license and the licensee and the city attorney or his designee shall be provided an opportunity to present evidence and cross-examine witnesses. (e) Upon a finding from a preponderance of the evidence presented at the hearing that cause exists for revocation of the license, the hearings officer shall order the license to be revoked for a period of one (1) year. The hearings officer shall issue a written order revoking the license effective upon notice to the licensee pursuant to this article. Section 8. That Chapter 7, Article VI, Subsection 7-104(c) be and the same is hereby amended to read as follows: Sec. 7-104. Judicial review. (c) The decision of the hearings official suspending or revoking a license under this article shall be final as of the date written notice of the hearings official's decision is given pursuant to section 7-101 to the licensee or operator of the sexually oriented business, but, in order to afford the license holder an opportunity to seek judicial review, shall not be effective for purposes of enforcement of the decision by the hearings officer or city until the tenth day following such notice. If the license holder initiates litigation for the purpose of seeking judicial review within the ten-day period, then the decision shall not be effective for purposes of enforcement prior to the thirtieth day following such notice. This subsection shall apply only to a decision sustaining the suspension or revocation of a license for an existing sexually oriented business and shall not apply to a decision sustaining the denial of an initial application for a proposed sexually oriented business. Section 9. That Chapter 7, Article VI, Section 7-105 be and the same is hereby amended to amend to read as follows: Sec. 7-105. Hearing. (a) When the city manager receives a written request for a hearing concerning the denial of a license or the suspension or revocation of a license, the city manager shall forward the written request to the city attorney for review. The city attorney shall review the request and determine whether the written request complies with the requirements of this article. Upon notification by the city attorney that the request is in compliance with this article, the city manager shall initiate the public hearing procedure, as follows: (1) The city manager shall appoint a hearings officer and a date and location shall be set for the public hearing. (2) The city clerk or his/her designee shall send the person requesting the hearing and/or licensee a written notice at least ten (10) days in advance and shall make a copy of the notice of hearing available to the public. (3) The hearings officer may reschedule the hearing for good cause. If rescheduled, new notice of hearing shall be posted as provided herein. (4) The person requesting the hearing may request that a court reporter make a record of the hearing. This request must be made at least two (2) days prior to the hearing and all costs associated with the court reporter and the cost of making an official record and one (1) transcript for the city shall be borne by the person requesting the hearing. The hearings officer shall arrange for a court reporter to make a record of the hearing, including exhibits and testimony. (b) The hearing shall be conducted by the hearings officer under the following guidelines. The hearings officer shall liberally construe these guidelines. (1) Parties may be assisted by counsel; (2) Parties may expressly waive the right to counsel; (3) The hearings official shall, upon proper request, provide for appropriate facilities for any disabled person to be able to participate in the hearing. This shall include, but not be limited to: interpreters for deaf or hearing impaired participants, wheelchair access and special seating arrangements; (4) Participants in the proceeding may supply interpreters for language translation and the hearings officer shall accommodate the translation of proceedings; (5) The hearings officer may exclude evidence that is irrelevant, immaterial, or unduly repetitious. Relevancy and materiality shall be evaluated by the relation of the evidence to the nature of the hearing, i.e. initial application, renewal, or revocation, etc.; (6) If no request is made for an official record, any person may record, video tape or transcribe the hearing providing there is no interference with the proceeding. The hearings officer shall have the power to limit any interference with the proceeding. (c) The hearings officer may continue a hearing to a date not later than ten (10) days after the initial hearing if: (1) The hearing has lasted at least two and one-half (2 1/2) hours and it appears to the hearings officer that a significant amount of time is required to fully present the public concerns and/or matters related to the issue before the hearings official; or (2) The parties need additional time to develop a solution to issues identified at the hearing. (3) A continuation shall not be for the purpose of delay or developing new evidence. d After the conclusion of the ublic hearing, the hearings officer shall, p g within five (5) business days after the conclusion of the hearing, produce a written statement containing the hearings officer's findings of fact, conclusions of law, and/or recommendations as they would relate to the issue(s) pending before the hearings officer. This written statement shall be forwarded to the city attorney, the applicant or licensee, and the party who requested the hearing (if appropriate). If no official record of the hearing has been requested, the hearings officer's statement shall be the official record of the public hearing. The written decision of the hearings officer shall be final, subject to judicial review. Section 10. That if any section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 11. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 12. That any person who violates any provision of this ordinance shall, upon conviction be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City o eaumont on this the 6th day of March, 2007. si M0/�.��11,1 Al Mayor Guy N. Goodson - W i