It shall be the duty of the director to enforce each and every
provision of this chapter and the chief shall render such assistance
in the enforcement thereof as may, from time to time, be required
by the director or the city council.
(Ord. No. 95-1, § 1, 2-8-95)
(a)
The
director, acting through duly authorized deputies or assistants, shall
examine or cause to be examined all places of business in the city
to ascertain whether the provisions of this chapter have been complied
with.
(b)
The
director, deputies, assistants and all police officers shall have
the power and authority to lawfully enter, free of charge, and at
any reasonable time, any place of business required to be licensed
by this chapter and demand exhibition of its business license.
(Ord. No. 95-1, § 1, 2-8-95)
No person shall fail to exhibit a business license issued pursuant
to this article to any person authorized by section 16-232 of this
article to demand such exhibition.
(Ord. No. 95-1, § 1, 2-8-95)
The director, the director's duly appointed deputies and assistants
are authorized to arrest persons without a warrant whenever it is
believed that the person to be arrested has committed a violation
of said provisions in the presence of the director or the director's
deputies or assistants. In any case in which a person is arrested
pursuant to this section, and the person arrested does not demand
to be taken before a magistrate, the person making the arrest shall
prepare a written notice to appear and release the arrestee on his
or her promise to appear as prescribed by Chapter 5C Title III of
Part 2 of the Penal Code of the State of California (commencing with
section 853.6).
(Ord. No. 95-1, § 1, 2-8-95)
The director (or the chief of police for additionally regulated
businesses) may suspend any license issued under the provisions of
this chapter upon information that any of the provisions of this chapter,
or any other ordinance or statute, is being violated by the licensee.
(Ord. No. 95-1, § 1, 2-8-95)
(a)
In
addition to the authority in section 16-235 of this article, the director
or the chief of police may suspend a bingo license if they find that
the bingo games have been conducted in an illegal, improper or disorderly
manner, or in a manner substantially different from that described
in the application, or for any reason for which the license application
could have been denied.
(b)
Any
organization whose bingo license has been revoked may not apply for
a license to conduct any bingo games for a period of one year from
the date notice of such revocation was served on it, or, if affirmed
on appeal by the city council of the City of Escondido or designee,
from the date of such affirmation; provided, however, if the reason
for revocation is cancellation of the exemption granted under sections
23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 23701l of the Revenue
and Taxation Code, such organizations may again apply for a bingo
license upon proof of such reinstatement of such exemption.
(Ord. No. 95-1, § 1, 2-8-95)
In addition to the authority granted in section 16-235 of this
article, a swap meet lot license may be suspended if it is determined
by the director or chief of police that the operation at the swap
meet is contrary to the public interest or does not comport with the
public welfare.
(Ord. No. 95-1, § 1, 2-8-95)
The suspension authorized in section 16-235 of this article
shall be effective 30 days, unless no regular city council meeting
occurs within that time. If no such meeting is held, the suspension
is effective until after the regular meeting of the city council.
(Ord. No. 95-1, § 1, 2-8-95)
Any appeal must be taken in accordance with Article 5 of this
chapter.
(Ord. No. 95-1, § 1, 2-8-95)
If an appeal of the suspension of a license is taken by the
licensee to the council, the council may revoke or reinstate the license
after a hearing and findings thereon.
(Ord. No. 95-1, § 1, 2-8-95)
The findings of the council in an appeal of the suspension of
a license issued pursuant to this article shall be placed in the minutes.
(Ord. No. 95-1, § 1, 2-8-95)
If no appeal of a suspension of a license required by this article
is taken to the council, the license shall be revoked as of the time
that an appeal could have been taken.
(Ord. No. 95-1, § 1, 2-8-95)
Unless payment of a license tax required by this chapter is
received when due, the director shall add a penalty of 25% of the
tax on the last day of each month after the due date thereof, providing
that the amount of such penalty to be added shall not exceed 100%
of the license tax due.
(Ord. No. 95-1, § 1, 2-8-95)
It shall be a misdemeanor for any person to knowingly furnish
false information or fail to furnish information where information
is required by this chapter.
(Ord. No. 95-1, § 1, 2-8-95)
The violation of any provision of this chapter is unlawful and
is a misdemeanor, punishable by a fine of not more than $1,000 or
a jail term of six months, or both.
(Ord. No. 95-1, § 1, 2-8-95; Ord. No. 95-7, § 7, 6-14-95)
In addition to the criminal penalties provided in section 16-249
of this article, violation of this chapter shall also subject the
violator to civil penalties, which may be assessed pursuant to the
procedures of section 1-22 of this code.
(Ord. No. 95-1, § 1, 2-8-95)
Each and every day on which a violation occurs shall be deemed
to be a separate violation.
(Ord. No. 95-1, § 1, 2-8-95)
The provisions of this article are to be construed as added
remedies and not in conflict or derogation of any other actions or
proceedings or remedies provided by law.
(Ord. No. 95-1, § 1, 2-8-95)
