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Account #Business Name Start Date Expire Date Address Phone Website 21001161 Auto Service and Towing 11/1/2021 12/31/2022 1350 N TEXAS ST, FAIRFIELD, CA 94533-5662
(888) 542-6400
Total records found: 1
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Agenda Item No.____
Agenda Report
DATE:July 19, 2022
TO:The Mayor and City Council
FROM:David G. Lim, City Attorney
SUBJECT:Resolution 2022-xxx of the City Council of the City of Fairfield Setting A Hearing for August 16, 2022 Re: Appeal of Revocation of Business License #21001161 for Auto Service and Towing Pursuant to Chapter 10 of the Fairfield Municipal Code
RECOMMENDED ACTION
The City Council is asked to set a hearing date on an appeal of revocation of business license #21001161 for Auto and Service Towing.
STATEMENT OF ISSUE
The Fairfield Municipal Code allows the holder of a City business license to appeal the revocation of their license to the City Council. Fairfield Municipal Code section 10B.33 requires the City Council to set a time and place for the hearing.
DISCUSSION
On May 31, 2022, the City of Fairfield revoked business license #21001161 belonging to Auto Service and Towing located at 1350 North Texas. The owner of Auto Service and Towing, (dba, “Payless Towing”) has appealed the revocation of his City business license #21001161 and has asked for the date of August 16, 2022 at 6:00 PM during the normal City Council meeting to have the appeal heard.
Staff recommends the City Council set the appeal of the revocation of business license #21001161 on August 16, 2022 at 6:00 PM during the normal City Council meeting. 0022
FINANCIAL IMPACT
The financial impact is minimal, as the hearing will take place during a regularly scheduled City Council meeting.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
None.
ALTERNATIVE ACTION
By operation of the Municipal Code, the City Council must set a date and time to hear the appeal of the business license holder. The City Council can choose whatever date and time they like, and are not bound to set the hearing on August 16, 2022.
DOCUMENTS ATTACHED
Attachment 1: Resolution 2022-xxx
STAFF CONTACT
David Lim, City Attorney
Phone number: (415) 421-8484
E-mail address: [email protected]
Coordinated with: Finance Department
0023
CITY OF FAIRFIELD
RESOLUTION NO. 2022-_____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD… [INSERT TITLE, CALIBRI 12 FONT, CENTER & BOLD THE TITLE, FULLY JUSTIFIED MARGINS ON BOTH SIDES OF THE DOCUMENT TEXT]
WHEREAS, On May 31, 2022 the City of Fairfield revoked business license number 21001161 belonging to Auto Service and Towing (dba Payless Towing) located at 1350 North Texas Street in the City of Fairfield, State of California; and
WHEREAS, Fairfield Municipal Code section 10B.33 states, “Any person aggrieved by any decision of the collector with respect to the issuance or denial of a license, the revocation of a license, or the amount of a license tax may appeal to the council by filing a notice of appeal with the collector within fifteen days of such decision. The notice of appeal shall describe the reason why the decision of the collector should be reversed or modified.”; and WHEREAS, Auto Service and Towing (dba, Payless Towing) has timely exercised their right of appeal to the City Council through delivery to the City requesting an appeal of the revocation of their license on June 9, 2022; and
WHEREAS, Fairfield Municipal Code section 10B.33 requires the City Council to “fix a time and place for hearing such appeal and the collector shall give notice in writing to such person of the time and place of hearing by serving it personally or by depositing it in the post office in the city, postage prepaid, addressed to such person at the address appearing on his last license or application.”; and
WHEREAS, Fairfield Municipal Code section 10B.33 states “ If a timely appeal is filed, the effect of the decision of the collector shall be stayed until the appeal is decided by the council;” NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. A hearing on the revocation of business license number 21001161 belonging to Auto Service and Towing (dba Payless Towing), located at 1350 North Texas Street in the City of Fairfield, State of California shall be fixed for August 16, 2022 at the regular meeting of the Fairfield City Council which begins at 6:00 PM. The hearing shall be heard at any time during the regular meeting of the City Council and does not need to begin at 6:00 PM. 0024
RES. NO. 2021-_____
Section 2. The collector for the City of Fairfield or their authorized representative shall give notice in writing to the authorized representative of Auto Service and Towing of the time and place of the hearing by serving it personally or by depositing it in the post office in the city, postage prepaid, addressed to the person at the address appearing on the last license or application. Notice shall also be given to the attorney of the appellant, if applicable.
Section 3. The revocation of business license number 21001161 is hereby stayed until the appeal is decided by the City Council.
Section 4. The Collector and City Staff are authorized to do all things proper and necessary to prepare for the appeal hearing on August 16, 2022.
PASSED AND ADOPTED this ______ day of ___________________, 2022, by the following vote:
AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
MAYOR
ATTEST:
____________________________
CITY CLERK
0025
RES. NO. 2021-_____
0026