TITLE
Recommendation to refer to Hearing Officer the business license application denial appeal by Alsace Lorraine Fine Pastries, Inc. located at 4334 Atlantic Avenue, Long Beach, CA 90807.
(District 8)
DISCUSSION
On September 2, 2014, the Department of Financial Management denied the business license application for Alsace Lorraine Fine Pastries Inc. to operate a food processing business at 4334 Atlantic Avenue (Attachment A), due to failure of the property owner to comply with applicable laws and regulations, pursuant to Long Beach Municipal Code (LBMC) Sections 3.80.421.1(A), section 3.80.421.5, and section 3.80.429.1 (Attachment B).
On September 9, 2014, Alsace Lorraine Fine Pastries, Inc. filed an appeal of the business license application denial (Attachment C). On October 6, 2014, the Department of Financial Management denied the request for appeal of the business license application denial due to the appeal being outside the guidelines of LBMC 3.80.421.6 (Attachment D).
Prior to Alsace Lorraine Fine Pastries Inc.’s application, the property owner’s commercial/industrial business license was revoked. On April 11, 2012, a hearing was conducted to revoke the commercial/industrial business license of the property owner, Khien C. Ngo, located at 4332-4336 Atlantic Avenue. On April 17, 2012, the hearing officer recommended the Director of Financial Management to revoke business license number BU07045412 (Attachment E). On April 19, 2012, the Department of Financial Management revoked the property owner’s commercial/industrial business license (Attachment F).
According to LBMC Section 3.80.210 it is unlawful for any person to carry on any business without having procured a business license. Due to the property owner Khien C. Ngo’s business license being revoked, there is no longer a valid commercial/industrial business license located at 4332-4336 Atlantic Avenue. Subsequently, with no valid business license to lease the commercial/ industrial space, the application for Alsace Lorraine Fine Pastries Inc. located at 4334 Atlantic Avenue was denied.
Pursuant to LBMC Section 3.80.421.6, an applicant for a business license whose application for such license has been denied by the Director of Financial Management may appeal to the City Council.
Whenever it is provided that a hearing shall be heard by the City Council, the City Council may, in its discretion, conduct the hearing itself or refer it to a hearing officer, in accordance with LBMC 2.93.050(A).
This matter was reviewed by Deputy City Attorney Michael Mais on July 21, 2016 and Assistant Finance Director Lea Eriksen on July 22, 2016.
TIMING CONSIDERATIONS
If referred, upon selection of a hearing officer, the matter will be heard not less than thirty (30) days thereafter pursuant to LBMC 5.06.030.
FISCAL IMPACT
There is no fiscal or local job impact associated with this item.
SUGGESTED ACTION
Approve recommendation.
BODY
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Respectfully Submitted,
JOHN GROSS
DIRECTOR OF FINANCIAL MANAGEMENT
APPROVED:
PATRICK H. WEST
CITY MANAGER