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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY CLARIFYING THE LEGISLATIVE
INTENT AND APPLICATION OF TITLE 5, CHAPTER 518,
SECTION 5.18.110 OF THE CATHEDRAL CITY MUNICIPAL
CODE
WHEREAS, Section 5.18.110 of the Cathedral City Municipal Code provides
that a Sexually Oriented Business (SO.B.) Permit applicant or permittee may appeal the
denial of his or her S.O.:. application, denial of his or her S.O.B. renewal request, or
suspension or revocation of his or her S.O.B. permit to the City Council; and
WHEREAS, Section 518110 further provides that any appeal to the City
Council shall be heard within thirty days, unless a longer time is consented to by the
appellant; and
WHEREAS, in order to avoid any confusion concerning whether the phrase
"shall be heard" requires the City Council to reach a final decision with respect to the
appeal, the City Council desires to adopt a written statement that clearly defines the City's
policy, rule and regulation on this issue
NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. The phrase "shall be heard"in the context of Section 5.18.110
shall mean that the City Council shall conduct a single meeting to hear the matter on
appeal, deliberate on the matter on appeal and reach a final decision on the matter on I
appeal at the conclusion of the same meeting unless the appellant specifically requests
that the City Council continue the matter to another time.
Section 2. The Community Development Director or his or her designee
shall provide a copy of this Resolution to any interested person who requests a copy and
to any invidual or entity which has filed an appeal pursuant to Section 5.18.110.
Section I 3. All documents and records referenced in this Resolution are
deemed incorporated by reference as though set forth at length.
Section 4. The City Council shall be bound by the policies, rules and
regulations set forth in this Resolution and shall act in accordance with every provision set
forth herein.
Section 5. This Resolution shall not be interpreted to mean that the City
Council has in any form or manner changed or departed from any policies, rules or
regulations as they pertain to Section 5.18.110.
i/ /
Sec ion 6. The purpose of this Resolution is to reinforce the City Council's
desire to insure every applicant or permittee is afforded a final decision on any
administrative appeal within the previously specified and reasonable time period of 30
days,
Section 7. The City Clerk shall certify as to the adoption of this Resolution
and shall cause the same to be processed in the manner required by law. w
The foregoing eolution was approved and adopted at a meeting of the City
Council held on this day of t3ft' t, ; 1998, by the followingvote:
Ayes: (tot:loci tate vy14-- .. Pt ; CPL./11c till-Adder 1 2 61
Noes: - runt
Abstain:—it r
Absent: I trAtil.
Attest: i 101 Le
APPROVED:
David Berry, Mayor
i I EST:
' t ; r Liv° ... VI a `" ')
6on .* *; City Clerl
APPROVED ATO LEGAL FORM:
C �
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1,
--,mm_-. . even B. Quint." HO, City Attorney
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