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10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />Collection and Investigative Services Division. Such special security officers shall keep the peace at <br />such dances and shall enforce all laws applicable thereto, including the conditions of approval under <br />which the establishment is required to operate. <br />5.32.060 Permit --Denial. If the Chief of Police finds that any of the facts prohibiting issuance <br />of a permit or the renewal of a permit as set forth in Section 5.32.040 exist, the Chief of Police shall <br />not approve the application and shall give written notice of his or her decision to the applicant and <br />any other person requesting such notice, within ten (10) calendar days of reaching such determination. <br />5.32.070 Permit—Suspension, Nonrenewal and Revocation. <br />A. Whenever the Chief of Police finds that the permit is being exercised contrary <br />to the requirements of this chapter or the conditions of approval attached to the permit, the Chief <br />of Police may suspend or fail to renew any permit issued pursuant to this chapter upon finding that: <br />1. The operation, as conducted by the permittee, does not comply with <br />applicable laws, including but not limited to, the City's building, fire, zoning and health regulations; <br />or <br />2. The business has been cited and has had an applicable alcohol beverage <br />license revoked by the California Department of Alcoholic Beverage Control for acts in violation of <br />an alcohol license; or <br />3. The proprietor or person in charge thereof violates or permits any <br />infraction of any such rules or any law of the state or any ordinance of the city, including the <br />conditions of approval attached to the dance permit; or <br />4. A disturbance ofthe peace in or upon or about the premises for which <br />the permit was issued has occurred and the disturbance is caused acquiesced in, not adequately <br />protected against by reasonable means, or permitted by the permittee, its agents, servants, officers <br />or employees. For purposes of this section, disturbances of the peace shall include, but not be limited <br />to, public drunkenness, drinking in public, public urination, selling or trafficking in stolen goods, theft, <br />acts of vandalism, littering, graffiti, illegal drug activity, illegal gambling, prostitution, assault, <br />battery, rape or other criminal sexual assault, lewd conduct, curfew violations, child abuse, sexual <br />misconduct with a minor, or the illegal serving, providing or selling of alcoholic beverages to <br />underage persons; or <br />5. The permittee has knowingly made a false, misleading or fraudulent <br />statement of fact in the permit application or on any document required in conjunction therewith; or <br />6. Any person who has or acquires a financial interest in the business or <br />any person who is or becomes directly engaged in the management or operation of the business has <br />been convicted in a court of competent jurisdiction of an offense punishable in California or other <br />competent jurisdiction, the underlying facts of which indicate a lack of such qualities as are essential <br />to protect the public health, safety or welfare; or <br />7. The use for which the permit has been issued has not been conducted <br />for a period of thirty (30) consecutive days. <br />B. Any violation of any provision of this chapter shall also constitute a nuisance <br />per se pursuant to California Government Code §38775 which the city is entitled to abate pursuant <br />to California Code of Civil Procedure §731. <br />RVPUB\MXM\521810 <br />C. The Chief of Police, in the case of a suspension or nonrenewal, shall serve the <br />-5- <br />