12-20-1971 - Laserfiche WebLink

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APPLICATION FOR LICENSE The Mayor disqualified himself TO OPERATE AN APPLIANCE from participating in the consideration STORE of this item due to a conflict of interest, because he has the responsibility for leasing the building in which the appliance store would be located. The Mayor stepped down, and Vice Mayor Herrin assumed the Chair, The Vice Mayor opened the public hearing on the appeal filedby Robert L. C unningham from Police Chief's denial of a business license to operate an appliance store at 122 North Sycamore, Santa Aha. The Clerk reported no written communica- tions had been received. The applicant, Robert L. Cunningham, 1118 S. Shelley, stated he was applying for a permit to operate a second-hand store where he would purchase, recondition, and resell major appliances; that they would not buy articles from homes, nor loan money; and that he hoped to eventually get a franchise for new merchandise. There was considerable discussion concerning the wording of the Municipal Code, and whether or not a second-hand store should be considered in the same category as a pawnbroker, and~vhether Section 25 pertained to Mr. Cunningham's application to operate an appliance store. The City Attorney read Sections 25.2, 25.5, and 25.7 of the Code, and stated it was his ~pinion that a second-hand business would come within the purview of these sections. He further stated that it is proposed to amend all sections of the Code pertaining to issuance of permits. Officer Faust of the Santa Ana Police Department, 610 N. Ross Street, stated that on March 8, 1971, Mr. Cunningham was convicted of receiving stolen property and was placed on three years' probation, and was to serve five weekends in jail. He stated that the Police Department's concern is a person buying stolen property and reselling it; and that the Code states the Police Department must deny a permit to anyone who has been convicted of any crime involving theft. There were no further proponents or opponents, and the Vice Mayor closed the public hearing. Councilman Evans' motion, seconded by Councilman Villa, to overrule the action of the Police Chief and instruct him to issue a business license to operate an appliance store, failed to carry on the following roll call vote: AYES: Evans, Villa~ NOES: Herrin, Yamamoto, Patterson, Markel ABSTainED:.' G~iset ABSENT! None Councilman Yamamoto's motion, seconded by Councilman Patterson, to uphold the action of the Police Chief in denying a business license to operate an appliance store, carried on the following roll call vote: AYES: Yamamoto, Patterson, Herrin, Markel NOES: Villa, Evans ABSTAINED: Griset ABSENTi None CITY COUNCIL -427 - December 20, 1971