10-18-1971 - Laserfiche WebLink

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FURNITURE/ANTIQUE BUYER PERMIT to work as a furniture/antique buyer. The Mayor opened the public hearing on an appeal filed by Michael D. Hally from Police Chief's denial of a Permit The Mayor requested Staff comments, and Assistant City Manager Spragg stated that the Police Department had no discretion in denying this Permit because of the way the Code is written; that the Council does have that discretion, and under the circumstances, Staff recommended that the appeal be granted. Mr. Michael D. Hally stated that he has been unable to find ~vork in Data Processing, for which he is trained, but has found work in antique buying, and requested that permission be granted for him to work in this field. There were no further proponents or opponents in this matter, and the Clerk reported no written communications had been received. The Mayor closed the public hearing, Councilman Patterson's motion, seconded by Councilman Yamamoto, to grant the appeal and instruct the Police Chief to issue a Permit to Mr. Michael D. Hally to work as a furniture/antique buyer, carried on the following roll call vote: AYES: NOES: ABSENT: Patterson, Yamamoto, Villa, Evans~ Griset~ Markel None Herrin HARBOR DISTRIBUTING The Mayor requested a statement from COMPANY the City Attorney regarding the appeal filed by Norman R. Atkins on behalf of the applicant appealing the decision of the Hearing Officer on application for permit for peep show establishments located at 225 N. Harbor Boulevard and 1510 N. Harbor Boulevard. The Attorney stated that the Council's obligation was to determine if substantial evidence was presented before the Administrative Board and to either uphold or overrule its Hearing Officer's decision; that the applicant should be granted the opportunity to present additional evidence, but not cumulative evidence; that if it is a legal appeal to challenge the Code, the Staff may accede to the applicant's position or require a court hearing to establish the truth of his position. The Mayor stated that if the applicant does not have new evidence, it was not the intent of the Council to rule on whether or not this in violation of the law or whether the City ordinance is unconstitutional. The Attorney stated that it would be well beyond the scope of the Council's responsibility to rule on the constitutionality of an ordinance that they had enacted. The Mayor opened the public hearing. CITY COUNCIL -350- October 18, 1971