Legal Question in Business Law in California

I live in San Jose Ca. There is a local bar in our city that the city is issuing a Compliance Order to close it down. There has been lots of complaints, crime etc.

My question

What is a compliance order?

When the compliance order is issued by the city to close, can it be stopped by the business at that point or is it to late?


Asked on 6/17/11, 12:01 pm

2 Answers from Attorneys

Aaron Feldman Feldman Law Group

Without looking up the specific ordinance, what this probably involves is a local ordinance that requires bars to do certain things: maintain security, noise, traffic, etc... A Compliance Order would be an Order requiring the business to bring itself into compliance with the ordinance in question or face closure. Usually the business owner has the right to appeal first to some city board and after that there can be further challenges in Court. To give you a more specific answer would require reviewing the ordinances in question and any specific citations that the business has received.

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Answered on 6/17/11, 12:41 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

A city issues a compliance order to tell a business (or other property owner) that it has failed to comply with some city ordinance and that it must get into compliance with the ordinance or face some consequence, which can range from a small fine to being shut down, depending on the language of the ordinance and the nature of the noncompliance. I would guess that the bar owners will respond to the order by getting into compliance rather than being shut down, but who knows? Complying may be difficult or impossible or not worth it. Prolonged noncompliance with a city order would probably be sufficient to get the business red-tagged and locked up.

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Answered on 6/17/11, 7:26 pm


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