Chapter 2.10 BUSINESS REGULATION

Chapter 2.10
BUSINESS REGULATION

Sections:

Article I. Business Permits Generally

2.10.010 Title.

2.10.020 Purpose.

2.10.030 Applicability.

2.10.040 Definitions.

2.10.050 Permits required.

2.10.060 Permits--Duration.

2.10.070 Permits--Issuance to persons operating under fictitious business names.

2.10.080 Unlawful business.

2.10.090 Duplicate permit.

2.10.100 Presentment of permit.

2.10.110 Substitute for other provisions.

2.10.120 Fees.

2.10.130 Applications.

2.10.140 Business permits--Contents.

2.10.150 Business requiring a business permit.

2.10.160 Fingerprinting and photo identification.

2.10.170 Review and approval.

2.10.180 Investigation.

2.10.185 Consideration of applicant’s criminal record and prior business history.

2.10.190 Notice and hearing.

2.10.200 Grounds for denial of business permit.

2.10.210 Effect of business permit denial.

2.10.220 Permit required for each business activity.

2.10.230 Business permit--Operative date.

2.10.240 Insurance and bond requirements.

2.10.250 Business permit renewal.

2.10.260 Business permit transfers and changes.

2.10.270 Modification, suspension or revocation.

2.10.280 Revocation--Initiation of hearing.

2.10.290 Revocation--Notice to permittee.

2.10.300 Procedure for revocation hearing.

2.10.310 Grounds for revocation of business permit.

2.10.320 Effect of revocation or suspension.

2.10.330 Conditions of approval.

2.10.340 Appeal from tax collector’s decision to city council.

2.10.350 Appeals--Notice of hearing.

2.10.360 Appeals--Hearing procedure.

2.10.370 Violations.

Article II. Business Requiring a Business Permit

2.10.400 Adult bookstore.

2.10.410 Ambulance operator and ambulance driver.

2.10.420 Auction house.

2.10.430 Bath parlor.

2.10.440 Bench installation.

2.10.450 Billiard parlor or pool hall.

2.10.460 Bingo for charitable purposes.

2.10.470 Bowling alley.

2.10.480 Boxing or wrestling arena.

2.10.490 Carnival and concession.

2.10.500 Close-out, bankruptcy or fire sale.

2.10.510 Dancehall and dances.

2.10.520 Day care center or day nursery.

2.10.530 Drive-in or take-out restaurant.

2.10.540 Entertainment.

2.10.550 Escort bureau and introductory service.

2.10.560 Fireworks sales (retail).

2.10.570 Fireworks sales (wholesale).

2.10.580 Fireworks (storage).

2.10.590 Fortunetelling.

2.10.600 Game arcade.

2.10.610 Garage sale (residential zone).

2.10.620 Golf range.

2.10.630 Gun dealer.

2.10.640 Health club.

2.10.650 Home occupation (residential zone).

2.10.660 Hospital or similar business.

2.10.670 House and street numbering.

2.10.680 Hypnotist.

2.10.690 Indoor merchandising center.

2.10.700 Junkyard, junk storage yard, salvage yard and automobile wrecking yard.

2.10.710 Locksmith.

2.10.720 Massage and massage-related establishments and massage practitioners.

2.10.725 Material recovery facility.

2.10.730 Miscellaneous business conducted wholly or partially in the open (not within an enclosed building).

2.10.740 Mobilehome park.

2.10.750 Model studio.

2.10.760 Motel--Residential.

2.10.770 Motion picture theater.

2.10.780 Parking lot (commercial).

2.10.790 Pawnbroker and secondhand dealer.

2.10.800 Peddler and solicitor (commercial).

2.10.810 Picture arcade.

2.10.820 Private patrol service and patrol officer.

2.10.830 Public dump.

2.10.840 Rebound tumbling center.

2.10.850 Riding academy or equestrian center.

2.10.860 Shooting gallery.

2.10.870 Skateboard center.

2.10.880 Skating rink.

2.10.890 Social club (proprietary).

2.10.900 Solicitation for charitable purpose.

2.10.910 Taxicab business.

2.10.920 Tow truck services and nonowner tow truck driver.

2.10.930 Used vehicle sales.

2.10.940 Used equipment sales.

2.10.950 Vehicle, trailer or equipment rental.

2.10.960 Determination of operating requirements for certain businesses.

2.10.970 Severability.

Article I. Business Permits Generally

2.10.010 Title.

This chapter shall be known, and may be cited as, the "Business Regulation Ordinance."

(Ord. 1948 § 1 (part), 5-25-93)

2.10.020 Purpose.

The purpose of this chapter is to protect the public health, welfare and safety by:

A. Obtaining adequate information regarding the ownership and operation of businesses within the city and facilitating contact between the city and those businesses;

B. Regulating the operation of certain specified businesses to ensure that such operation does not adversely affect the public health, welfare, and safety;

C. Providing for a healthy and stable business community within the city’s boundaries;

D. Collecting statistical information concerning businesses located or operating within the city’s boundaries;

E. Monitoring sales tax registration and compliance.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.030 Applicability.

This chapter shall apply to all businesses located or operating within the boundaries of the city.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.040 Definitions.

A. For the purpose of this chapter, the following terms shall have the following meanings:

1. "Agent" means a person who acts for, on behalf of, or in the place of another person.

2. "Agency review" or "departmental review" means that process by which business permit applications are reviewed by designated city departments to determine whether the proposed operations of a particular business are in conformity with the requirements of this chapter and of this code.

3. "Business" means an establishment engaged in one or more commercial or mercantile activities for the purpose of earning, in whole or in part, a profit or livelihood, whether or not a profit or livelihood is actually earned thereby.

4. "Business activity" means a commercial or mercantile activity, together with all devices, machines, articles and appurtenances used therein, which is conducted for the purpose of earning, in whole or in part, a profit or livelihood, whether or not a profit or livelihood is actually earned thereby.

5. "Employee" means any person engaged in the operation or conduct of any business in the city, whether as an owner, a member of the owner’s family, or as a partner, agent, manager, solicitor, apprentice, trainee or any other category of person employed or working in such business.

6. "Permit" means the certificate issued by the tax collector or by the city council, as may be appropriate, as a prerequisite to operating any business which is governed by the provisions of this chapter.

7. "Permittee" means any person holding a permit to operate a business within the city.

8. "Person" means any individual, partnership, corporation or joint venture which conducts or purports to conduct a business activity within the city.

9. "Sexually oriented business" means adult bookstores, nude or semi-nude entertainment, escort bureaus and introductory services, massage establishments, model studios, adult motion picture theaters and picture arcades showing adult entertainment pictures.

10. "Tax collector" means the director of finance or the designee of the director of finance.

B. The definitions set forth in Chapter 2.08, as they relate to words, terms and phrases utilized in this chapter, shall be applicable in interpreting and construing such words, terms and phrases.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.050 Permits required.

A. Generally. It is unlawful for any person to commence or conduct, or purport to commence or conduct, either directly or indirectly, any business activity in the city without first having procured a business permit, where required, and paying the required fees therefor.

B. When Permit Required. All business activities specified in Section 2.10.150 shall be authorized by a business permit issued pursuant to this chapter.

C. Advertising Businesses. No person shall advertise or announce a business activity located in the city until a business permit has first been obtained as required by this chapter. "Advertising or announcing" includes, but is not limited to, disseminating pamphlets or handbills, publishing newspaper announcements and purchasing radio or television commercials.

D. Managers. Where the provisions of this chapter governing particular business activities require a manager, such individual, unless he or she is the person to whom the permit for the business activity is issued, must obtain a manager’s permit and pay the required fee therefor. The application for a manager’s permit shall be on a form provided by the tax collector and shall, to the extent feasible, be submitted concurrently with the application for business permit required by Section 2.10.130.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.060 Permits--Duration.

A. Original Issuance. The duration of a business permit which is initially issued to an applicant pursuant to the provisions of this chapter shall be the same as the duration of the business license which is issued pursuant to Chapter 2.08, and shall expire on December 31st, if the annual license period is the calendar year, or on June 30th, if the annual license period is the fiscal year.

B. Renewals. The renewal of a business permit issued pursuant to the provisions of this chapter shall be applied for at the same time as application is made for renewal of the business license which is issued pursuant to Chapter 2.08, and the duration of such permit renewed shall be one year, whether based upon a calendar year or a fiscal year.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.070 Permits--Issuance to persons operating under fictitious business names.

A business permit may be issued to a person operating under a fictitious business name who has complied with all applicable provisions of the California Business and Professions Code. Otherwise, all permits shall be issued in the true name of the person applying for a permit, as it appears on the application for a permit.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.080 Unlawful business.

No business permit issued under the provisions of this chapter shall be construed as authorizing any business activity which is prohibited under the laws of the United States, the federal and state constitutions, this code or any other applicable law, ordinance, rule or regulation. Any such business permit shall be void.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.090 Duplicate permit.

A permittee shall report to the tax collector the loss of any business permit, whether in the form of a sticker, tag, card, paper, certificate or otherwise. The tax collector shall issue to the permittee a duplicate permit upon the payment of the prescribed fee established by resolution of the city council.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.100 Presentment of permit.

A. Posting. Every person required to have a business permit pursuant to the provisions of this chapter, and who conducts, manages or carries on a business activity at a fixed location, shall post such permit in a conspicuous place at the business location.

B. Carrying. Every person required to have a business permit pursuant to the provisions of this chapter, and who does not have a fixed place of business, shall carry such permit at all times when conducting the business activity for which such permit was issued.

C. Presentation on Demand. Every person required to have a business permit pursuant to the provisions of this chapter shall produce the permit when so requested by any city official who is authorized to issue or collect permit fees, or who is authorized to conduct inspections or otherwise enforce the provisions of this chapter or of this code.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.110 Substitute for other provisions.

No person required by this chapter to pay permit fees shall be relieved from the payment of any applicable license fees or from compliance with any regulations required by any other provisions of this code.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.120 Fees.

Business permit fees shall be established by resolution of the city council.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.130 Applications.

A. Generally. Every person commencing or conducting, or purporting to commence or conduct, any business activity required to be permitted pursuant to this chapter shall file an application for a business permit and pay the required fees therefor. Applications for business permits shall be provided by the tax collector.

B. Application Deadlines.

1. Every person engaging in or operating a regulated business activity on the effective date of this chapter shall apply for an original business permit, or for the renewal of a business permit, not later than the deadline for submittal of the renewal application for a business license.

2. Every person commencing or purporting to commence a regulated business activity after the effective date of this chapter shall apply for a business permit not less than thirty days prior to commencing such business activity.

3. The required fees shall be paid at the time the application for a business permit, or for the renewal of a business permit, is submitted.

C. Submission of Applications. The tax collector shall determine whether an application is complete. If an application is determined to be complete, the application shall be accepted. If it is determined that the application is incomplete, the applicant shall be notified as to the information required to complete the application. An application shall not be considered filed until it has been determined to be complete.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.140 Business permits--Contents.

A. The application for a business permit shall be signed by an individual applicant or a sole-proprietorship applicant, or by an authorized signatory for a partnership or corporate applicant. The application shall contain the following information, to the extent applicable:

1. The full name and address of the applicant:

a. If the applicant is an individual or a sole proprietorship, the name and residence address of the individual applicant or of the individual conducting the sole proprietorship shall be set forth,

b. If the applicant is a partnership, the name and residence address of each general partner shall be set forth. If one or more of the general partners is a corporation, the provisions of subparagraph (c) pertaining to a corporate applicant shall apply to each corporate general partner,

c. If the applicant is a corporation, the name shall be set forth as it appears in the articles of incorporation, and the address set forth shall be the principal executive office for the conduct of business in the state of California or if none, the principal executive office in the applicant’s state of incorporation. If the capital stock of the corporate applicant is not publicly traded, the additional information set forth below shall also be provided:

(i) The name and residence address of each director of the corporation,

(ii) The name and residence address of each executive officer of the corporation, i.e., president, vice president, secretary, treasurer, etc.,

(iii) The name and residence address of each shareholder owning ten percent or more of the outstanding capital stock of the corporation,

(iv) The name and business address of the person designated by the corporation to accept service of process in the state of California;

2. The address of the intended business. A person may not use a post office box, mailbox or message service as the address of the business for purposes of this chapter. A post office box, mailbox or message service may be used as the mailing address of the business for business purposes only;

3. A description of the facility proposed to house the intended business activity;

4. A description of the intended business activity and, if a new business, the estimated starting date of such business activity;

5. If the business is advertised to the public and operates under a name other than the name of the applicant, such other name or designation shall also be set forth;

6. The names, addresses and telephone numbers of at least two individuals who may be contacted by the city in case of an emergency;

7. With regard to each of the individuals required to be identified by name and address as specified in subsection (A)(1) of this section, the applicant shall describe in narrative form the details of any of the following events that occurred during the previous five years:

a. Such individual was convicted in a criminal proceeding or is a named subject of a pending criminal proceeding (excluding traffic violations and infractions),

b. Such individual, or any partnership or corporate entity with which such individual was affiliated as a partner, officer, director or as a shareholder owning ten percent or more of the outstanding capital stock, was the subject of any order, judgment or decree, not subsequently reversed, suspended or vacated, of any court of competent jurisdiction, permanently or temporarily enjoining or otherwise limiting such individual or entity from engaging in or continuing any conduct or practice in connection with the operation of this type of business activity, or a substantially similar business activity,

c. Such individual, or any partnership or corporate entity with which such individual was affiliated as a partner, officer, director or as a shareholder owning ten percent or more of the outstanding capital stock, in previously operating or engaging in the operation of this type of business activity, or a substantially similar business activity, in this or any other city or state, under license or permit, has had such license or permit denied, revoked or suspended,

d. With regard to any of the events required to be described pursuant to this subsection, the applicant shall be entitled to document and explain any mitigating circumstances associated with such events.

B. The application for a business permit shall also contain such additional information as may be required by this chapter in connection with the specific business activity for which a permit is requested, or which the tax collector may deem to be necessary and appropriate for the purpose of evaluating the ability and willingness of the applicant to comply with all regulatory conditions and restrictions authorized by this chapter to be imposed, and to thereby protect the health, safety and general welfare of the community.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.150 Businesses requiring a business permit.

A. No person shall commence or conduct, or purport to commence or conduct, any of the following business activities without first obtaining a valid business permit and paying the permit fee therefor, in the amount established by resolution of the city council:

1. Adult bookstore;*

2. Ambulance operator and ambulance driver or attendants;+

3. Auction house;+

4. Bath parlor;*

5. Bench installation;

6. Billiard parlor/pool hall;*

7. Bingo for charitable purposes;

8. Bowling alley;

9. Boxing or wrestling arena;*

10. Carnival and concession;+

11. Close-out, bankruptcy or fire sale;+

12. Dance hall and dances;*

13. Day care center or day nursery;

14. Drive-in or take-out restaurant;

15. Entertainment;*

16. Escort bureaus and introductory services;*

17. Fireworks sales (retail);

18. Fireworks sales (wholesale);

19. Fireworks (storage);

20. Fortunetelling;

21. Game arcade;*

22. Garage sale (residential zone);

23. Golf range;

24. Gun dealer;*

25. Health club;

26. Home occupation (residential zone);

27. Hospital or similar business;

28. House and street numbering;*+

29. Hypnotist;+

30. Indoor merchandising center;

31. Junkyard, junk storage yard, salvage yard and automobile wrecking yard;

32. Locksmith;

33. Massage establishment and massage technician;*

34. Material recovery facility;*+

35. Miscellaneous business conducted wholly or partially in the open (not within an enclosed building);

36. Mobile home park;

37. Model studio;*

38. Motel-residential;

39. Motion picture theater;

40. Parking lot (commercial);

41. Pawnbroker and secondhand dealer;

42. Peddler and solicitor (commercial);

43. Picture arcade;*

44. Private patrol service and patrol officer;

45. Public dump;*

46. Rebound tumbling center;

47. Riding academy or equestrian center;

48. Shooting gallery;

49. Skateboard center;

50. Skating rink;

51. Social club (proprietary);*

52. Solicitation for charitable purpose;

53. Taxicab and taxicab driver;*+

54. Tow truck and non-owner tow truck driver;+

55. Used vehicle sales;*

56. Used equipment sales;

57. Vehicle, trailer or equipment rental.

* indicates that such business activity requires a hearing before the city council before issuance of a business permit.

+ indicates that such business activity is subject to insurance or bond requirements.

indicates that such business activity requires a permitted manager pursuant to Section 2.10.050.

B. The regulations pertaining to specified businesses or business activities requiring a business permit are set forth in Article II of this chapter commencing with Section 2.10.400.

(Ord. 1980 § 3, 1-24-95: Ord. 1948 § 1 (part), 5-25-93)

2.10.160 Fingerprinting and photo identification.

Fingerprinting and photo identification may be required by the tax collector in connection with an application for a particular business permit.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.170 Review and approval.

A. Responsibility. The responsibility for approving business permit applications shall be as follows:

1. Business Permit Applications Which Do Not Require Hearings. These business permit applications shall be subject to the approval of the tax collector as the reviewing authority. Any person may appeal the tax collector’s decision on the application in a manner consistent with the requirements of Section 2.10.340. The timely filing of an appeal shall entitle the appellant to a hearing.

2. Business Permit Applications Which Require Hearings. These business permit applications shall be subject to the approval of the city council as the reviewing authority.

B. Preconditions to Approval. Before any business permit is issued, the reviewing authority shall ensure that the applicant has agreed to abide by all the conditions and restrictions authorized by this chapter to be imposed on the particular business involved.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.180 Investigation.

A. Generally. Once a completed application is filed, and the applicant has paid the prescribed business permit fee, the tax collector shall initiate an investigation of facts relating to the business permit application with appropriate city officers and departments. This review process shall ensure that the action to be taken on each business permit application is consistent with the intent and purpose of this chapter.

B. First Amendment Activities. In the case of businesses involved primarily in first amendment activities, the review process shall be completed within forty-five days, and the decision of the tax collector or the city council approving or denying the business permit shall be made within said forty-five day period, unless the applicant consents to a longer period.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.185 Consideration of applicant’s criminal record and prior business history.

A. The information disclosed by an applicant for a business permit pursuant to Section 2.10.140(A)(7) shall be reviewed and considered by the tax collector or the city council, as applicable, in evaluating the ability and willingness of the applicant to comply with all regulatory conditions and restrictions imposed by this chapter on the specific business for which a permit is requested and to thereby protect the health, safety and general welfare of the community.

B. In no event shall a prior criminal record, whether considered alone or in conjunction with prior injunctive relief, or the prior denial, revocation or suspension of a business license or permit, constitute the sole basis or justification for the denial of a business permit unless the tax collector or the city council, as applicable, after reviewing and considering all relevant facts and circumstances, finds and determines as follows:

1. That, with regard to a proposed business activity primarily involving first amendment activities, the issuance of the permit would constitute a clear and present danger of a serious, substantive evil; or

2. That, with regard to a proposed business activity not involving first amendment activities, the applicant’s prior criminal record includes one or more convictions for a crime involving moral turpitude which is substantially related to the business activity for which the permit is requested and, when considered alone or in conjunction with prior injunctive relief or the prior denial, revocation or suspension of a business license or permit, the issuance of the permit would be detrimental to the health, safety and general welfare of the community.

C. Whenever the city council, whether upon an appeal from a determination by the tax collector or in the course of any hearing required by this chapter to be conducted by the city council, determines that it is necessary to discuss and determine whether an applicant for a business permit or business permit renewal, which applicant, or any individual affiliated with a partnership or corporate applicant as a partner, officer, director or as a shareholder owning ten percent or more of the outstanding capital stock, has a criminal record, is sufficiently rehabilitated to obtain the business permit, the city council may hold a closed session with the applicant and the applicant’s attorney, if any, for the purpose of holding the discussion and making the determination. Such closed session shall be held pursuant to Section 54956.7 of the Government Code, as it now exists or may hereafter be amended.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.190 Notice and hearing.

A. Notice.

1. Notice where City Council Review Required. Upon receipt in proper form of a business permit application requiring city council review and approval, as specified in Section 2.10.150, notice of the hearing shall be given at least ten days prior thereto in the following manner:

a. Notices of hearings shall be posted next to the west and south facing main entrance doors of city hall, 8650 California Avenue, and inside the Leland R. Weaver Library (inside main entrance), 4035 Tweedy Boulevard, and published in a newspaper of general circulation, ten days prior to the original date of hearing. (Ord. 2159 § 1, 3-23-04) and

b. Notice shall be mailed, postage prepaid, to those individuals or community or neighborhood groups that have requested from the city written notification of business permit applications. Such notice shall include the information specified in subsection (A)(1)(a) of this section.

2. Notice where City Council Review Not Required. Upon receipt in proper form of a business permit application for a business activity not requiring city council review and approval as specified in Section 2.10.150, the tax collector shall notice review of the application in the following manner: notice of the submission of a completed application, the period during which any interested party may make written comment regarding the application, the nature of the business activity proposed to be operated and the location of such proposed business activity, shall be noticed as required above in subsection (A)(1)(a) of this section.

B. Hearings. The city council shall conduct all hearings required of it under this chapter. Such hearings shall be conducted as follows:

1. Testimony. At the time set for the hearing, or on any date to which the hearing may be continued, the city council shall hear the applicant, who may present any facts to show why the permit should be granted, and shall hear testimony from all other interested persons who attend the hearing to state reasons why the permit should or should not be granted.

2. Filing Protests. Any interested person, at any time after the filing of an application or before the close of the hearing regarding such application, or at any time after the filing of an application and before the close of the tax collector’s review, may file written letters of support or protest, for or against the granting of such application. In considering the application, the tax collector or city council, as applicable, shall give consideration to all such documents so filed.

(Ord. 2159 § 1, 3-23-04; Ord. 1948 § 1 (part), 5-25-93)

2.10.200 Grounds for denial of business permit.

A. Business Activities Involving First Amendment Activities. Neither the tax collector nor the city council shall approve an application for a business permit for a business activity primarily involving first amendment activities if any of the following findings are made:

1. The building, structure, premises or the equipment used to conduct the business activity, fails to comply with all applicable health, zoning, fire, building and safety laws of the state of California or of the city; provided, however, that this subsection shall not be construed to require that the applicant actually be in compliance with such laws at the time set for review and approval. The tax collector or the city council, as applicable, may approve a business permit and condition its operative date upon the later submission by the applicant to the tax collector of a certificate of occupancy issued by the department of building and safety or other satisfactory evidence that the business activity is then in compliance with all applicable laws.

2. The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for the business permit or in any report or statement required to be filed with the tax collector or the city council.

3. The business is prohibited by any local or state law, statute, rule or regulation, or is prohibited in the particular location or zone by any ordinance, statute, rule or regulation.

4. The city council has made the findings and determination as specified in Section 2.10.185 relating to an applicant for a permit for a proposed business activity involving first amendment activities.

B. Business Activities Not Involving First Amendment Activities. Neither the tax collector nor the city council shall approve an application for a business permit for a business activity not primarily involving first amendment activities if any of the following findings are made:

3. The business is prohibited by any local or state law, statute, rule or regulation, or is prohibited in the particular location or zone by any ordinance, statute, rule or regulation;

4. The city council has made the findings and determination as specified in Section 2.10.185 relating to an applicant for a permit for a business activity not involving first amendment activities.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.210 Effect of business permit denial.

A. Limitation on New Applications. If an applicant’s business permit application for a particular business activity has been denied, the tax collector shall not process a new application by that applicant for that business activity for a twelve-month period after the denial unless the tax collector determines that the reason for the denial has been cured and no longer exists.

B. Appealability. The denial of an application by the tax collector may be appealed to the city council in a manner consistent with Section 2.10.340. If the denial of an application for a business primarily involving a first amendment activity is appealed, the appeal shall be heard within thirty days of the date on which a timely and complete notice of appeal is received.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.220 Permit required for each business activity.

When any person is engaged at one location in more than one business activity for which a business permit is required, such person shall be deemed to be conducting each business activity separate and apart from any other business activity. The total fees for all business activities shall be determined by reference to the fee schedule established by resolution of the city council, as authorized by Section 2.10.120.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.230 Business permit--Operative date.

A. Generally. The operative date for the initial business permit shall be the date of approval of the application by the tax collector or the city council, unless a later date is specified; provided, however, that no permit period for the initial business permit shall extend beyond any permissible license period which pertains to the business.

B. Renewals. The operative date for a business permit renewal shall be as specified in Section 2.10.060.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.240 Insurance and bond requirements.

A. Permit Validity and Grounds for Suspension. Whenever the provisions of this chapter require an applicant for any business permit to procure, post or maintain in effect any bond, undertaking, deposit or policy of insurance, any business permit issued is valid only while such bond, undertaking, deposit or policy of insurance is in full force and effect. The business permit shall automatically be suspended without notice if at any time such bond, undertaking, deposit or policy of insurance is not in full force and effect. The tax collector shall notify the permittee in writing of any suspension pursuant to this section. Within ten days thereafter, the permittee may request in writing a hearing before the city council. The city council shall hold a hearing in a manner consistent with Section 2.10.190 and, as warranted by the evidence received at the hearing, may revoke the permit or terminate the suspension and restore the permit. If the permittee does not request a hearing, the permit is automatically revoked at the end of ten days following the notification of suspension.

B. Cancellation of Insurance or Bond.

1. Except as otherwise provided, a policy of insurance or a bond or undertaking required under this chapter shall not be accepted unless it provides that it shall not be cancelled until thirty days after the insurer or surety gives notice thereof to the tax collector. If a permittee learns that such a bond, undertaking or policy of insurance will be or has been cancelled, such permittee shall notify the tax collector within three days of such notice. If a new bond, undertaking or policy of insurance acceptable to the tax collector is filed before the previous one is cancelled or expires, then the permit shall continue in full force;

2. Any employee, officer or department of the city which is informed of any modification or cancellation of any insurance policy, undertaking or bond required under this chapter shall immediately notify the tax collector of such modification or cancellation.

C. Contents of Insurance Policy. Except as otherwise provided, in every instance where an insurance policy is required for the permitting of a particular business, such insurance policy shall comply with the following requirements unless the reviewing authority, upon application, notice and hearing, directs otherwise:

1. It shall be primary and not contributing to any other insurance maintained by the city;

2. It shall name the city, its officers, agents and employees, as an additional insured;

3. Its liability limits shall be as specified in the regulations pertaining to the specific business;

4. It shall bear a deductible in an amount approved by the tax collector;

5. It shall be issued by an insurer approved by the city;

6. It shall be endorsed so as to provide the tax collector with thirty days prior notice of any cancellation or modification of the policy.

D. Indemnification. Whenever this chapter requires a business permit applicant or permittee to indemnify the city, the applicant or permittee shall be required to execute an indemnification statement in substantially the following form:

"It shall be a condition of this permit issued under the Business Regulation Ordinance that the permittee agrees to indemnify, hold harmless, and defend the City, its City Council, and each member thereof, and every officer, agent and employee of the City, from any and all liability or financial loss resulting from any suits, claims, losses, or actions brought by any person, and from all costs and expenses of litigation, including attorneys’ fees, by reason of damage to any property or injury to any person, including, but not limited to, officers and employees of the permittee, performed under and pursuant to this permit, and any and all activities, operations, and conditions in any manner connected therewith or pertaining thereto. Such indemnity shall include, but not be limited to, any and all liabilities, demands, claims, damages, losses, costs and expenses caused or alleged to have been caused by any negligent or other act of this permittee."

(Ord. 1948 § 1 (part), 5-25-93)

2.10.250 Business permit renewal.

A. Generally. Except as otherwise provided in subsection E of this section, when an applicant timely submits a business permit renewal application, the tax collector shall renew the permit effective upon the expiration of the prior permit.

B. Renewal Application Deadlines. Every person desiring to continue in business after the expiration of the permit period shall file an application for renewal not less than thirty days prior to the expiration of the permit period. In the case of a business activity having a fixed location, a permit application for a different location is not a renewal and shall be deemed to be a new application.

C. Late Applications--Before Expiration. The tax collector may accept an application for renewal after the time specified in subsection B of this section if it is filed before the expiration of the prior permit. The filing of such late application shall give the applicant no greater rights than upon the filing of an application for an original permit.

D. Late Application--After Expiration.

1. Except as otherwise provided in this section, the tax collector shall not accept a renewal application for a permit which has expired, or which for any other reason is not in full force and effect. The applicant may apply for a new permit if not prohibited from doing so by any other provision of this chapter, and such application shall be accompanied by the required fee for a new permit.

2. The tax collector may accept an application for a renewal after the time specified in subsection B of this section if it is filed not later than sixty days after the expiration of the prior permit and if the tax collector finds good cause as to why the application was not filed before the expiration of the permit period. When an application is submitted pursuant to this subsection, the fee shall be the renewal fee plus twenty-five percent thereof. Such application shall give the applicant no greater rights than upon the filing of an application for an original permit.

3. Good cause, pursuant to subdivision 2 of this subsection shall be found where:

a. A serious illness that required hospitalization or confinement to bed prevented timely application for renewal; or

b. Unforeseen and extraordinary circumstances prevented timely application for renewal.

E. Hearing Requirements for Certain Renewals.

1. If the city has received notice of any of the following upon or subsequent to the filing of any permit renewal application, the application for renewal may be set for hearing before the city council and noticed in a manner consistent with Section 2.10.190:

a. A transfer or change as specified in Section 2.10.260; or

b. A significant change in the operation of any permitted business which may involve noncompliance with city, county or state laws or regulations; or

c. Any city department or officer performing a review of the permit renewal application has notified the tax collector in writing that it recommends denial of, or the imposition of, new or additional conditions upon such permit, and such new or additional conditions are not acceptable to the permittee;

d. The public works director notifies the tax collector that a requisite encroachment permit will not be renewed pursuant to Section 5.05.080. (Ord. 2039 § 1, 10-13-98)

2. The tax collector shall set for public hearing by the city council renewal applications for the following business permits when the permitted business is not customarily open to the general public because minors are excluded as a prevailing business practice:

a. Adult bookstores;

b. Adult motion picture theaters;

c. Bath parlor;

d. Billiard parlor/pool hall;

e. Entertainment (nude or semi-nude);

f. Escort bureaus and introductory services;

g. Massage establishments;

h. Model studios;

i. Picture arcades showing adult entertainment pictures.

(Ord. 2039 § 1, 10-13-98; Ord. 1948 § 1 (part), 5-25-93)

2.10.260 Business permit transfers and changes.

A. Generally. No business permit issued under this chapter shall be transferred, nor shall any authorized location be changed, unless such transfer or change is approved in the same manner as an original permit for the business activity. Upon approval of the transfer or change, the transferee shall be issued a new permit for the business activity.

B. Transfers. The following transactions shall be deemed to be transfers:

1. The addition of a new partner or partners, or the withdrawal of a former partner or partners;

2. The transfer of a business from one partnership to another;

3. The transfer of a business from a partnership to a corporation;

4. The transfer of a business from one corporation to another;

5. The transfer of a business from a corporation to a partnership;

6. The transfer of a business from a corporation to an individual, or vice versa;

7. The transfer of a business from a partnership to an individual, or vice versa;

8. The transfer of a stock ownership interest in a corporation exceeding fifty percent from one shareholder to another shareholder or to another person.

C. Change of Location.

1. Generally. Except as provided in subdivision 2 of this subsection, a permittee may transfer a business permit to a different location upon application to the tax collector who shall review such application in a manner consistent with Section 2.10.180.

2. Effect of Hearing Requirement. Where this chapter would have required a hearing by the city council for the issuance of the original business permit, a permittee may not transfer a business permit to another location unless a hearing is conducted pursuant to Section 2.10.190, and the city council approves such transfer.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.270 Modification, suspension or revocation.

Any business permit issued by the city may be conditioned, modified, suspended or revoked for cause by the city council pursuant to Sections 2.10.280 et seq.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.280 Revocation--Initiation of hearing.

A hearing to determine whether an existing permit shall be conditioned, modified, suspended or revoked shall be initiated by a written statement of charges. Such statement may be initiated by any commission, department, officer or agency of the city which is authorized or required to review or inspect the permitted business activity for compliance with city regulations. Such statement shall be submitted to the tax collector.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.290 Revocation--Notice to permittee.

If the tax collector determines that a hearing is warranted, written notice of the hearing shall be given to the permittee not less than ten days prior thereto.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.300 Procedure for revocation hearing.

A. Right to Witnesses. The permittee or legal representative of the permittee shall have the right to bring witnesses to testify on behalf of the permittee.

B. Rules of Evidence. Hearings need not be conducted according to technical rules of evidence. Oral evidence shall be taken only on oath or affirmation.

C. Decision. The city council shall issue its decision in writing. The decision shall contain a determination of the issues presented.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.310 Grounds for revocation of business permit.

After hearing, the city council may condition, modify, suspend or revoke a business permit for any business activity required to be permitted under this chapter if the city council finds that one or more of the following conditions exist:

A. Business Activities Involving First Amendment Activities.

1. That the building, structure, premises or equipment used in the conduct of the business does not comply with any health, zoning, fire or building and safety laws of the state or ordinances of the city;

2. That the permittee, or any employee, agent or manager of the permittee, has violated any federal or state statute or any ordinance or regulation of the city in the course of exercising any rights under the business permit which is being considered for revocation;

3. That the permittee, or any employee, agent or manager of the permittee, has knowingly made any false, misleading or fraudulent statement of material fact in the application for permit, or in any report or statement required to be filed with the tax collector or the city council;

4. That the permittee, or any employee, agent or manager of the permittee, has published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the permitted business;

5. That the permittee has failed or refused to notify the tax collector of any change in facts as required by this chapter within five days after such change;

6. That the permittee, or any employee, agent or manager of the permittee, has violated any conditions or restrictions of the business permit;

7. That the permittee, or any employee, agent or manager of the permittee, has allowed, or failed to prevent, the use of the business as a base for unlawful or criminal activity, including, but not limited to, solicitation, prostitution or drug trafficking.

B. Business Activities Not Involving First Amendment Activities.

2. That the permittee, or any employee, agent or manager of the permittee, has violated any federal or state statute or any ordinance of the city in the course of exercising any rights under the business permit which is being considered for revocation;

3. That the permittee, or any employee, agent or manager of the permittee, has been found to have committed a crime of moral turpitude which bears a substantial relationship to the conduct of the business activity for which the business permit is being considered for revocation;

4. That the permittee, or any employee, agent or manager of the permittee, has knowingly made any false, misleading or fraudulent statement of material fact in the application for permit, or in any report or statement required to be filed with the tax collector or the city council;

5. That the permittee, or any employee, agent or manager of the permittee, has published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the operation of the permitted business;

6. That the permittee has failed or refused to notify the tax collector of any change in facts as required by this chapter within five days after such change;

7. That the permittee, or any employee, agent or manager of the permittee, has violated any conditions or restrictions of the business permit;

8. That the permittee has been held liable for, or has been convicted of, any offense involving the maintenance of a nuisance resulting from any act performed in exercising any rights under the business permit which is being considered for revocation;

9. That the permittee, or any employee, agent or manager of the permittee, has violated any rule or regulation adopted by the city council or any other governmental agency relating to the permittee’s business;

10. That the permittee has conducted the permitted business in a manner contrary to the public health, safety and welfare.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.320 Effect of revocation or suspension.

A. No refunds of any business permit fees shall be made to any permittee upon revocation of a business permit.

B. Following revocation of any business permit for cause under this chapter, no business permit to conduct the same business activity shall be issued to the same person for a period of one year.

C. Whenever a business permit is suspended or revoked, the tax collector shall take into possession the business permit for the subject business activity. The permittee shall surrender the business permit and permit stickers, or similar evidence of a permit, to the tax collector.

D. Upon revocation or suspension of a business permit, the permittee shall immediately cease operation of the business activity. Except as otherwise provided, if the permit is suspended, the permittee may resume operation upon expiration of the suspension period.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.330 Conditions of approval.

A. Right to Condition Permit. The tax collector or the city council, as applicable, may condition any business permit if it is determined that grounds for denial or revocation exist, or that the manner in which the business has been conducted or operated is detrimental to the public health, safety and welfare, in that:

1. The permittee, or any agent, manager or employee of the permittee, has failed to maintain the premises in a neat and clean condition and has allowed the business premises to deteriorate and become blighted;

2. The permittee, or any agent, manager or employee of the permittee, has allowed, or failed to prevent, the use of the business premises by its patrons as a base for criminal or otherwise unlawful activity;

3. The permittee, or any agent, manager or employee of the permittee, has allowed, or failed to discourage, criminal or otherwise unlawful activity on or immediately adjacent to the business premises;

4. The permittee, or any agent, manager or employee of the permittee, has failed to provide adequate parking to serve its patrons, thereby causing patrons to cruise on neighborhood streets in search of parking, and causing other traffic-related noise and disturbances;

5. The permittee, or any agent, manager or employee of the permittee, has failed to control the actions of its patrons on or immediately adjacent to the business premises.

B. Application to Modify Conditions. The city council may modify or eliminate any conditions previously imposed on a business permit upon written request of the permittee if it finds that the reasons for the original imposition of such conditions have been cured or no longer exist. Applications to modify conditions shall be noticed and set for public hearing in a manner consistent with Section 2.10.190.

C. Consent to Right of Entry. If the tax collector or the city council finds that unannounced inspections of the business premises are necessary to enforce the provisions of this chapter, either may impose as a condition of the permit that the permittee consent to entry of the permittee’s place of business at all reasonable times by any city officer or employee authorized to enforce the provisions of this chapter or other provisions of the code. Upon presentation of proper credentials by any such officer or employee, the permittee shall allow such inspection.

D. Noise Abatement.

1. Whenever, upon due notice and hearing pursuant to Section 2.10.190, it shall be determined by the city council that noise from any business activity permitted under this chapter interferes with the right of persons dwelling in the vicinity of such business activity to the peaceful and quiet use and enjoyment of their property, or that the business activity permitted under this chapter is in violation of the noise emissions ordinance of the city, the city council may require that the premises of the business activity be soundproofed to eliminate the noise or reduce it to a reasonable level. In taking any action under this section, the city council shall balance all of the interests of the respective parties, as well as the hardship which will result from any such noise mitigation measures. If the city council finds that the noise complained of is minimal or inconsequential, no action shall be taken under this section.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.340 Appeal from tax collector’s decision to city council.

A. Filing. Any person aggrieved by any decision of the tax collector may file with the tax collector a notice of appeal to the city council within ten days of the date of mailing of the decision. The notice shall be signed by the appellant or the legal representative of the appellant and shall be sufficient if it states that the appellant appeals from a specified decision or a particular part thereof. The notice of appeal may state briefly the grounds upon which the appeal is based but shall contain no argument, evidence or legal points and authorities.

B. Effect of Notice of Appeal. If a timely appeal is filed, the effect, if any, of the tax collector’s decision shall be stayed pending the city council’s resolution of the matter, unless the tax collector specifically finds and determines that the public health and safety will be endangered by any such stay, in which case any business permit previously issued shall be immediately suspended.

C. Deposit of Estimated Costs. With every notice of appeal filed pursuant to this section, the appellant shall deposit with the tax collector an amount which the tax collector estimates will cover the cost of production of a transcript of documentation on the matter, including the record of any hearing conducted by the tax collector, which resulted in the decision on which the appeal is taken.

D. Accounting of Funds. The tax collector shall keep a permanent and accurate account of all deposits received on appeal. If the actual cost of the transcript exceeds the amount deposited by the appellant, the appellant shall pay the deficiency; if it is less, the tax collector shall refund the difference to the appellant.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.350 Appeals--Notice of hearing.

Upon receipt of a timely notice of appeal and the deposit of estimated costs, the tax collector shall notify the city clerk of the request for appeal. The tax collector shall give not less than thirty days written notice to the appellant, and to the permittee if other than the appellant, of the date, time and place of the hearing. The notice shall also state whether the city council will allow the introduction of additional evidence. The tax collector shall, in addition, provide public notice in the same manner in which notice of the original public hearing for the subject permit was provided.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.360 Appeals--Hearing procedure.

A. Transmission of Evidence. Upon the filing of a notice of appeal and the deposit of estimated costs, the tax collector shall transmit to the city council the transcript of the documentation on the matter. Copies of the transcript shall also be delivered to the appellant and to the permittee, if other than the appellant.

B. Conduct of Hearing. Upon receipt of the transcript required by subsection A of this section, the city council shall conduct the appeal. The city council may, at its discretion, receive new evidence or testimony which is not part of the record upon a showing that it could not, in the exercise of due diligence, have been presented at the time of the tax collector’s decision. The city council may hear and consider additional argument and points and authorities of law, and may require the parties before it to submit such argument and points and authorities of law prior to rendering any decision on the appeal.

C. City Council Action. Upon reviewing the evidence and considering the parties’ arguments and any points and authorities of law submitted, the city council may:

1. Render a decision upholding, reversing or modifying in any respect the decision of the tax collector;

2. Remand the matter to the tax collector with directions;

3. Impose, as a condition of the continuation, reinstatement or reissuance of any business permit, a requirement that the permittee reimburse the city for all costs and expenses reasonably incurred in investigating, identifying and documenting any violation or breach of the conditions of the business permit for presentation to the city council.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.370 Violations.

A. Generally. Unless otherwise provided herein, any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and punishable as provided for in this code. Where the conduct constituting the violation is of a continuing nature, each day that the conduct continues shall be deemed a separate and distinct violation.

B. False Statements. Any person who knowingly makes any false statement in any application for the issuance or renewal of a business permit, or in any report required under this chapter, is guilty of a misdemeanor and punishable as provided for in this code.

(Ord. 1948 § 1 (part), 5-25-93)

Article II. Businesses Requiring a Business Permit

2.10.400 Adult bookstore.

A. Definitions. For the purposes of this section, the following terms shall have the following meanings:

1. "Bookstore" means and includes a business establishment whose primary purpose is to sell books and whose primary stock in trade is books and magazines.

2. "Adult books" means books or magazines, a preponderant portion of which is characterized by a description of "specified sexual activities" or "specified anatomical areas."

3. "Specified anatomical areas" means and includes any of the following:

a. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or

b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

4. "Specified sexual activities" means and includes any of the following:

a. The fondling or touching of human genitals, pubic region, buttocks, anus or female breasts;

b. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;

c. Masturbation, actual or simulated;

d. Excretory functions as part of, or in connection with, any of the activities set forth in subdivisions a through c above.

5. "Adult bookstore" means and includes a bookstore which sells adult books as a regular and substantial portion of its business.

B. Application Information. In addition to the information required by Section 2.10.140, an application for an adult bookstore permit shall include the following information:

1. If the applicant is not the owner of record of the real property upon which the adult bookstore is, or is proposed to be, located the application must be accompanied by a notarized statement from the owner of the property acknowledging that an adult bookstore is or will be located on the property. In addition to furnishing such notarized statement, the applicant shall furnish the name and address of the owner of record of the property, as well as a copy of the lease or rental agreement pertaining to the premises in which the adult bookstore is or will be located.

C. Operating Requirements.

1. Age Restrictions. An adult bookstore permit shall not be issued to any person under eighteen years of age, or to a corporation, any of whose officers are under eighteen years of age. Further, persons under the age of eighteen years of age shall not be permitted in an adult bookstore.

2. Manager Required. All adult bookstores shall employ a person on the premises to act as manager at all times during which the adult bookstore is open. Such manager shall be permitted pursuant to Section 2.10.050.

3. Inspection Requirements. The permittee shall not allow any doors on the permitted premises to be locked during business hours and, in addition, the permittee shall ensure that any room or area on the permitted premises is readily accessible at all times and open to view in its entirety for inspection by any law enforcement officer.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.410 Ambulance operator and ambulance driver.

A. Definitions. For the purposes of this section, the following terms shall have the following meanings:

1. "Ambulance" means a motor vehicle specially constructed, modified, equipped or arranged for the purpose of transporting sick, injured, convalescent, infirm or otherwise incapacitated persons whose medical condition requires transportation services.

2. "Ambulance attendant" means any person who is employed to accompany an ambulance driver while transporting a person whose medical condition requires medical transportation.

3. "Ambulance driver" means any person who is employed by an ambulance operator to drive an ambulance.

4. "Ambulance operator" means any person who, for any monetary or other consideration, or as an incident to any other occupation, offers ambulance transportation services from any location in the city.

B. Exemptions.

1. Generally. No permit for an ambulance operator, ambulance driver, or ambulance attendant is required where the ambulance operator is:

a. A public agency; or

b. A person who maintains one or more ambulances to provide first aid to its own employees.

2. Exemption for Intercity Transportation. The requirements of this section do not apply where the ambulance operator is transporting persons from a point outside of the city into the city, or where the ambulance operator is merely travelling through the city to reach its destination.

C. Application Information: Ambulance Operator. In addition to the information required by Section 2.10.140, the application for an ambulance operator shall contain the following information:

1. A description of any and all judgments awarded against the applicant in all cases arising out of the applicant’s operation of an ambulance service in any other jurisdiction;

2. The model, age, condition and patient capacity of each ambulance to be used in the operation of the ambulance business, and a description of the premises which are to serve as the base of operations;

3. The kind and amount of coverage of automobile liability, public liability, professional liability, workers’ compensation and other insurance carried by the ambulance operator applicant;

4. The color scheme and insignia to be used to identify the applicant’s ambulances;

5. The applicant’s experience in transporting sick, convalescent or injured persons;

6. The schedule of rates to be charged by the applicant.

D. Conditions of Approval.

1. In order to approve a business permit to operate an ambulance business, the city council must determine that the public convenience and necessity will be served by the issuance of an ambulance operator’s permit;

2. In making that determination, the city council may take into consideration all facts it may deem pertinent and proper, including whether:

a. The applicant has complied with all of the provisions of this chapter;

b. The applicant is financially responsible and under competent management;

c. The applicant is, under normal conditions, equipped to serve the public adequately;

d. The applicant has presented evidence sufficient to justify that the public health, safety, welfare and convenience warrant operation of the ambulance service within the specified operating area.

E. Vehicle Maintenance.

1. Odometers. Every ambulance operator making any charges based on mileage shall have the odometer of each ambulance tested and certified by the police department in accordance with the procedures of that department once every year. The results of such testing shall be reported to the tax collector by the permittee at the time of application for permit renewal.

2. Periodic Inspections. Every ambulance operator which transports patients from or within the city shall have all ambulances under its ownership and control inspected annually by a certified automotive repair dealer. Each ambulance operator shall provide the city with written confirmation, signed by that repair dealer, that the ambulances have been inspected and are in good working order. Such report of inspection shall be submitted at the time of application for permit renewal.

F. Insurance Requirements.

1. Insurance Required. Every permittee as an ambulance operator shall obtain and maintain in full force and effect general liability insurance and comprehensive automobile liability insurance in conformance with Section 2.10.240. The liability coverage shall be in the amount of one million dollars.

2. Indemnification. Every person permitted pursuant to this section shall execute an indemnity agreement in the form specified by Section 2.10.240.

3. Workers’ Compensation Insurance. In addition to any other insurance requirements contained in this chapter, the applicant shall file with the tax collector a policy of workers’ compensation insurance, or a certificate of consent to self-insure issued by the State Director of Industrial Relations, applicable to all employees of the applicant. The permittee shall thereafter maintain in full force and effect such coverage during the term of the permit.

G. Permits: Ambulance Driver; Ambulance Attendant.

1. Application Information. The permit application for an ambulance driver or ambulance attendant shall contain the following information:

a. The applicant’s name, address and home phone number;

b. A photocopy of a valid California Special Driver’s Certificate (where applicable);

c. A photocopy of either an Emergency Medical Technician I or IA or II Course Completion Certificate issued by the county of Los Angeles or by a school approved by the county of Los Angeles or a certificate for an Emergency Medical Technician-Paramedic issued by the director of health services, unless the applicant is a physician or registered nurse licensed by the state of California;

d. The name, address and phone number of the ambulance operator employing or intending to employ the applicant;

e. The ambulance operator’s proposed service area.

2. Effect of Revocation of Certificate. If any certificate required under this section is suspended, revoked, restricted or otherwise ceases to continue in full force and effect, the permit for which such certification is required may be immediately suspended pending revocation proceedings as provided by this chapter.

3. Operator Responsibility. Every ambulance operator shall be responsible for promulgating and enforcing rules which ensure its employees’ compliance with the provisions of this section.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.420 Auction house.

A. Definition. For the purposes of this section, the term "auction house" means and includes a fixed place of business where any merchandise or personal property, or any real property or interest therein, is offered for sale or sold at public auction.

B. Application Information. An application for a business permit for an auction house shall contain the information required by Section 2.10.140, as may be applicable.

C. Operating Requirements.

1. In addition to the bond requirement set forth below in subdivision 2, the permit for an auction house shall be subject to the conditions determined in accordance with the procedures specified in Section 2.10.960 of this chapter.

2. Upon filing an application for permit with the tax collector, the applicant shall file and thereafter maintain a surety bond in the principal sum of five thousand dollars indemnifying any person against any loss through fraud or misrepresentation; provided, however, that any person licensed by the state, and having deposited a bond with the state, shall not be required to file a surety bond with the tax collector. In such case, the tax collector shall make a record of the expiration date of the bond deposited with the state, and shall note the expiration date thereof on the permit. If any such surety bond is terminated, or lapses, or for any reason becomes ineffective, the permit shall be automatically revoked unless a new surety bond which complies with the provisions of this section is filed prior to the date of such termination, lapse or ineffectiveness.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.430 Bath parlor.

A. Definition. For the purposes of this section, the term "bath parlor" means and includes a business establishment, open to the public, where Russian, Swedish or Turkish baths, steam baths, shower baths, sponge baths, mineral baths, sun baths or salt glows are provided, or any business establishment where any of such services or facilities are provided to the public and which has, in connection therewith, a sauna, spa, jacuzzi, steamroom, dry or hot room plunge, showerbath or sleeping accommodations.

B. Application Information. An application for a business permit for a bath parlor shall contain the information required by Section 2.10.140, as applicable.

C. Operating Requirements. The permit for a bath parlor shall be subject to the conditions determined in accordance with the procedures specified in Section 2.10.960 of this chapter.

D. Manager Required. All bath parlor permittees shall employ a person on the premises to act as manager at all times during which the bath parlor is open. Such manager shall be permitted pursuant to Section 2.10.050.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.440 Bench installation.

A. Definition. For the purposes of this section, the term "bench" means and includes a seat for the use and accommodation of persons awaiting transportation, which seat is located upon any public thoroughfare or public right-of-way, including a sidewalk, parkway or any public property bordering upon a public right-of-way.

B. Application Information. In addition to the information required by Section 2.10.140, an application for a permit for the installation of one or more benches shall include the following information:

1. The number of benches previously permitted to be maintained by the applicant on the date of such application, and the permit numbers previously assigned;

2. A description of each proposed bench, including its dimensions and construction materials, and the proposed location for each bench;

3. A description of any advertising which is to be placed on each bench, and the proposed location of such advertising on each bench.

C. Operating Requirements.

1. No bench shall be placed or maintained by the permittee at any location other than that authorized in the permit.

2. Permittee shall obtain an encroachment permit from the director of public works for each bench location before obtaining a business license and/or business permit. (Ord. 2039 § 2, 10-13-98)

3. Each bench authorized by the permit shall be maintained by the permittee in a safe condition at the authorized location, shall be periodically inspected by the permittee, and shall have all graffiti removed upon discovery or notification thereof.

4. No advertisement placed upon any bench shall contain the words "stop," "look," "drive-in," "danger," nor any other word, phrase or symbol which may distract, mislead or interfere with traffic.

5. Every person permitted pursuant to this section shall execute an indemnity agreement in the form specified by Section 2.10.240.

6. Every permittee shall obtain and maintain in full force and effect comprehensive liability insurance in conformance with Section 2.10.240 and in such amounts as may be specified pursuant to subdivision 6 of this subsection.

7. In addition to the conditions set forth in this subsection, the permit for bench installation shall be subject to the conditions determined in accordance with the procedures specified in Section 2.10.960 of this chapter.

D. Permit Index File. The tax collector shall maintain an index of all business permits issued or renewed pursuant to the provisions of this section.

(Ord. 2039 § 2, 10-13-98; Ord. 1948 § 1 (part), 5-25-93)

2.10.450 Billiard parlor or pool hall.

A. Definitions. For the purposes of this section the following terms shall have the following meanings:

1. "Billiards," "bagatelle" or "pool" means a game, played on an oblong table, the object of which is to hit balls into pockets around the table’s edge by means of a cue or stick.

2. "Billiard parlor" means a business enterprise where billiards, bagatelle or pool is played, or in which any billiard, bagatelle or pool table is kept, and members of the public are permitted to play or do play thereon, regardless of whether any fee is charged for the use of such table. Billiard parlor does not include a place having only one coin-operated pool or billiard table, which table is maintained as an incident to some other type of licensed business activity.

B. General Requirements.

1. Application Information. In addition to the information required by Section 2.10.140, an application for a permit to operate a billiard parlor shall state the exact location within the business establishment where the billiard parlor is to be located if such constitutes only a portion of a more extensive business establishment.

2. Authorization of Location. The permit issued to conduct a billiard parlor shall authorize the operation of such billiard parlor only at the location described in the application and only by the applicant.

C. Operating Requirements.

1. Visibility of Interior of Premises. Every billiard parlor shall be maintained so as to provide a clear and unobstructed view of the entire interior of the billiard parlor from the entrance into such parlor room. A billiard parlor may be part of a more extensive business establishment that conducts other business activities and, in that event, need not be visible from the entrance to the more extensive business establishment.

2. Hours of Operation. No billiard parlor or pool hall shall be open between two a.m. and six a.m. of any day, nor shall an owner, manager or other person having charge of any billiard parlor or pool hall keep the same open, or allow or permit any game to be played therein, between two a.m. and six a.m. of any day. No person shall remain on the premises of any billiard parlor or pool hall during the hours when such billiard parlor or pool hall is closed or required by this section to be closed, except the owner and its regular employees.

3. Age Restrictions. The owner, manager or other person in charge of any billiard parlor or pool hall shall not permit any person under the age of eighteen years to be, remain in, enter or visit such business establishment unless:

a. Such minor is accompanied by one of his parents, a legal guardian or by a spouse eighteen years of age or older; or

b. Such parent or legal guardian personally delivers a written consent to the owner, manager or other person in charge that the minor be permitted to enter, and alcoholic beverages are neither sold nor served in such place, and such business establishment has no permit to sell, dispense or serve alcoholic beverages. Such written consent shall be in a form approved by the tax collector.

4. Disorderly Persons. No owner, manager or other person in charge of any billiard parlor or pool hall shall allow or permit any intoxicated, quarreling or disorderly person or persons to be or remain in such place.

5. Manager Required. All billiard parlor or pool hall permittees shall employ a person on the premises to act as manager at all times during which the billiard parlor or pool hall is open. Such manager shall be permitted pursuant to Section 2.10.050.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.460 Bingo for charitable purposes.

A. Definitions. For the purposes of this section, the following terms shall have the following meanings:

1. "Bingo" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random. The game of bingo shall include cards having numbers or symbols which are concealed and preprinted in a manner so as to provide for the distribution of prizes.

2. "Eligible organization" is defined as any of the following:

a. Labor, agricultural or horticultural organizations exempted from the payment of bank and corporation taxes by Section 23701a of the State Revenue and Taxation Code;

b. Fraternal beneficiary societies, orders or organizations exempted from payment of bank and corporation taxes by Section 23701b of the State Revenue and Taxation Code;

c. Religious, charitable, scientific, literary, educational, amateur sports or humanitarian organizations exempted from payment of bank and corporation taxes by Section 23701d of the State Revenue and Taxation Code;

d. Business leagues, chambers of commerce, real estate boards and boards of trade exempted from payment of bank and corporation taxes by Section 23701e of the State Revenue and Taxation Code;

e. Civic leagues, social welfare and employees’ organizations exempted from payment of bank and corporation taxes by Section 23701f of the State Revenue and Taxation Code;

f. Nonprofit pleasure and recreation clubs exempted from payment of bank and corporation taxes by Section 23701g of the State Revenue and Taxation Code;

g. Domestic fraternal societies, orders or associations exempted from payment of bank and corporation taxes by Section 23701l of the State Revenue and Taxation Code;

h. A mobilehome park association whose membership is comprised of the mobilehome tenants of a single mobilehome park, and which organization was formed for the benefit of the resident tenants;

i. A senior citizens organization which has been organized to benefit senior citizens and whose membership is comprised of persons over the age of fifty-four.

B. General Requirements.

1. Games Permitted. Pursuant to Article IV, Section 19, of the California Constitution and Section 326.5 of the California Penal Code, this section authorizes the conduct of bingo games for charitable purposes and in conformity with the other requirements imposed herein.

2. Eligible Organizations. Only an eligible organization may apply for a permit to operate bingo games within the city.

3. General Procedure. The provisions of this section shall control the permitting of bingo games.

a. Application Information. Any eligible organization may file with the tax collector, on a form provided by the city, an application for a business permit to operate a bingo game. Notwithstanding any other provision of this chapter, the application shall specify the following information:

i. The name, address and telephone number of the applicant organization, the nature of the organization, and a statement that the applicant is an eligible organization as defined by this section;

ii. The names and addresses of all officers and directors of the eligible organization;

iii. A list of the names of all members of the applicant organization who will operate the staff bingo games, and the date they became members;

iv. A detailed schedule of the date, hours, location and occupancy capacity of the location where each bingo game is proposed to be held;

v. A description of the record system proposed to be used to account for the receipts, prizes, expenses and profits of each bingo game;

vi. The location of and signatories on the special bank accounts required by this section;

vii. The specific charitable purposes which the bingo proceeds will benefit;

viii. Whether the maximum number of players at any time will be more than one hundred;

ix. A statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code and this section, as they may be amended from time to time, and understands that the permit to conduct bingo games may be revoked upon violation of any such provisions;

x. The address to which notice, when required, is to be sent or mailed, and the names of any individual or individuals, in addition to those set forth elsewhere in the application, who are authorized to accept service of process on behalf of the permittee;

xi. The signatures of at least two officers, including the presiding officer of the eligible organization;

xii. Any other information that the tax collector deems necessary.

b. Fees Required. The fee for a business permit to operate bingo games shall be in an amount established by resolution of the city council but shall not exceed fifty dollars annually for an initial permit or a renewal. If an application for a permit is denied, one-half of any permit fee paid shall be refunded.

c. Contents of Permit. A business permit to operate bingo games shall include the following information:

i. The name of the organization to which the permit is issued;

ii. The address or location of the place where bingo games are authorized to be conducted. No more than one such location shall be authorized;

iii. The occupancy capacity of the location at which bingo games are to be conducted;

iv. The date of expiration of the permit;

v. Such other information as may be necessary or desirable for the enforcement of the provisions of this section.

d. Notification of Changes in Application Information.

i. The permittee shall notify the tax collector in writing of any change in any information set forth in the permittee’s application within five days after such change.

ii. The permittee shall notify the tax collector of any changes in the list of members who will operate and staff bingo games.

iii. Any notification required by subdivisions (d)(i) and (d)(ii) shall be made in writing and served upon the tax collector by one of the following methods:

(A) Personal delivery at least three days prior to the operation of any game. The permittee shall obtain a receipt evidencing such delivery; or

(B) Transmittal of notice of such change by certified mail bearing a date at least five days prior to the operation of any game.

iv. The permittee shall retain in its records proof of service of any notification submitted which is required by subdivision (d)(i) and (d)(ii) of this subsection.

C. Operating Requirements.

1. Games Open to Public. All bingo games conducted in the city shall be open to all members of the public.

2. Hours of Operation. Each permit issued pursuant to this section shall allow the permittee to operate bingo games for only one day during each week. Bingo games shall not be conducted for more than six hours during any twenty-four-hour period of each day. No bingo game shall be conducted before ten a.m. nor after two a.m. of any day.

3. Participants Must Be Present to Play. No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place at which the bingo game is being conducted.

4. Use of Credit Prohibited. No permittee shall issue chips or money to a patron on credit or loan (including but not limited to IOU’s and checks to be held) or allow any patron to play on credit.

5. No Admission Fees. No admission fee, purchase or donation shall be required for entry onto the premises where the bingo game is conducted.

6. Location Restrictions.

a. A permittee shall conduct bingo games only on property owned, rented or leased by it, or property whose use is donated to the organization, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. Nothing in this section shall be construed to require that the property owned, rented or leased by the organization be used or leased exclusively by such organization. The permit issued under this section shall authorize the holder thereof to conduct bingo games only at the address which is stated in the application.

b. The owner of a specific facility at which bingo games are played shall not allow use of the facility for such play for more than three days per week.

7. Occupancy Limit. Notwithstanding that bingo games are open to the public, attendance at any bingo game shall be limited to the occupancy capacity of the premises at which such games are conducted, as determined by the fire department and the department of building and safety in accordance with applicable laws and regulations. The permittee shall not reserve seats or space for any person.

8. Permit and Rules to Be Posted. Before conducting a bingo game, the permittee shall post its business permit to operate the bingo game in a conspicuous place at the public entrance to the premises at which the game is to be conducted. The permittee shall produce and exhibit the same when applying for a renewal thereof, and whenever requested to do so by any officer authorized to issue or inspect permits or to enforce the provisions of this chapter or this code. The permittee shall also post the costs, prizes and rules for each game to be played adjacent to the permit during the conduct of the bingo game.

9. List of Members Operating and Staffing Games. The permittee shall have available on the premises the list of members operating and staffing the game at all times during the conduct of games. If the list is different from the list originally submitted with the permittee’s application, proof of service of the revised list on the tax collector shall be attached to the original list.

10. Alcoholic Beverages Prohibited. Alcoholic beverages shall not be served or consumed on the premises at which bingo games are conducted during the hours of operation of a bingo game. No person who is intoxicated shall be allowed to participate in a bingo game.

11. Minors Not to Participate. No person under the age of eighteen years of age shall be allowed to participate in any bingo game.

12. Enforcement. The city, by and through its authorized personnel, may conduct an examination or inspection of any premises in which bingo games are conducted at any reasonable time for the purpose of determining whether the permittee is complying with all of the provisions of this section and all other applicable statutes, ordinances, rules and regulations affecting the permittee or the business activity.

13. Operation by Permittee.

a. A bingo game shall be operated, managed, staffed and advertised only by members of the permitted organization. Such members shall not receive a profit, wage or salary, or any other direct or indirect consideration from any bingo game.

b. All staff members conducting bingo games shall wear on their outside clothing an identification insignia or badge, not less than two inches by three inches in dimension, indicating the name of the staff member.

c. Security personnel who are not members of the authorized organization may be employed by the organization conducting the bingo game. (Ord. 2011 § 1 Exh. A (part), 8-27-96).

14. Manager Required. All bingo game permittees shall employ a person on the premises to act as manager at all times during which the bingo game is operated. Such manager shall be permitted pursuant to Section 2.10.050.

D. Accounting Procedures.

1. Proceeds.

a. The proceeds derived from the operation of a bingo game shall be used only for charitable purposes.

b. Organizations exempt from the payment of bank and corporation tax pursuant to Section 23701d of the State Revenue and Taxation Code shall keep all profits derived from a bingo game in a separate fund or account which shall not be commingled with any other fund or account. Such profits shall be used only for charitable purposes.

c. All other eligible organizations authorized to conduct bingo games pursuant to this section shall keep all proceeds derived from a bingo game in a special fund or account which shall not be commingled with any other fund or account. Such proceeds shall be used only for charitable purposes, except as follows:

i. Such proceeds may be used for prizes at authorized bingo games.

ii. A portion of such proceeds, not to exceed twenty percent of the proceeds after the deduction of prizes, or two thousand dollars per month, whichever is less, may be used for rental of property, and for overhead, including the purchase of bingo equipment, administrative expenses, security equipment and security personnel.

iii. The proceeds may be used to pay license fees. (Ord. 2011 § 1 Exh. A (part), 8-27-96).

d. All proceeds derived from any bingo game shall be deposited in a special account as required by this section, within twenty-four hours of the completion of the bingo game and shall not be commingled with any other account or funds.

e. Prizes Awarded.

i. The total value of prizes awarded during the conduct of any bingo game shall not exceed two hundred fifty dollars in cash or kind, or both, for each separate game which is held. All monetary or cash prizes shall be paid in the form of a check drawn on a financial institution.

ii. The permittee shall keep a record, on a form approved by the tax collector, showing the name, address and telephone number of the winner, and the consecutive serial number on the receipt for the prize.

2. Inspection of Records.

a. The permittee shall keep full and accurate records of the income received and expenses