Chapter 4.10 SPECIAL BUSINESS LICENSES AND EMPLOYEE PERMITS

A. There are certain types of enterprises which require special investigation, review and regulation in order to ensure that the public health, safety and welfare is adequately protected. The necessity to conduct such investigation, review and regulation arises for reasons which include, but are not necessarily limited to, the following:

1. The tendency of certain types of enterprises to engage, whether intentionally or unintentionally, in the promotion of crime, whether through the sale of stolen goods or otherwise;

2. The tendency of certain types of enterprises to be placed where criminal activity occurs either by virtue of the type of clientele attracted or for other reasons;

3. The fact that patrons of particular types of enterprises are vulnerable to fraudulent charging or other practices either because of the nature of the business, the type of service or merchandise offered, the circumstances under which the merchandise or service is purchased, or for other reasons;

4. The fact that certain types of enterprises create health or safety risks which require special regulation; and

5. The fact that certain types of enterprises require access to private property, particularly residential property, or frequent residential neighborhoods, generating high risks to the safety of persons and property.

B. Other types of enterprises provide services essential to the health, safety or welfare of the community, and require special regulation in order to ensure delivery of such services in a volume, manner and quality sufficient to ensure protection of the community.

C. The purposes of this chapter are to establish special regulations applicable to the types of enterprises regulated hereunder, and to regulate such enterprises through a special business licensing procedure in order to protect and safeguard the health, safety and welfare of the residents within the City. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.005 License required.

A. No person shall, unless under and by authority of a valid unexpired and unrevoked special business license, conduct or operate within the City, whether singularly or in connection with another type of enterprise, the following:

1. Any enterprise or activity for which a special business license is required by EGMC Chapters 4.15 through 4.35, inclusive;

2. Antique dealers in firearms, jewelry, art objects, furniture or other valuables;

3. Automobile dismantlers and marketers of used parts for automobiles;

4. Automobile repairs, when the person or firm makes calls at the home or business of the customer to make repairs;

5. Circuses and carnivals, including the maintenance of animals for display to, riding by or petting by children;

6. Sales of concealable firearms, including gunpowder;

7. Home repair services consisting of services related to the repair or maintenance of single-family residential dwellings, mobile homes, or gardens by persons who are not licensed to perform such services by the State of California, including businesses offering energy-saving appliances, equipment, or services, whether in connection with solar, wind or other power;

8. Purchase or sale of metals, including precious and scrap metals;

9. Auto towing, consisting of persons who engage in the business of towing automobiles which require repair, are abandoned on public rights-of-way, or are parked illegally; and whose principal place of business or employment is located within the City;

10. Repossession or storage of automobiles or any other thing of value;

11. The operator of each booth in a bazaar, flea market, farmer’s market, or other similar type of auction established for the purpose of selling merchandise, including food, for private gain;

12. Private security companies;

13. Tree trimmers;

14. Motorcycle sales, including the sale of new and used parts;

15. Wrecking yards, including automobile dismantling and the buying and selling of automobiles for scrap metal or parts;

16. Dating and introduction services;

17. Swimming pool cleaning services;

18. Janitorial, maid, or carpet cleaning services;

19. Pool halls; one (1) pool table or more is a pool hall;

20. Mobile food vendors;

21. Movie and television productions;

22. Dance clubs, halls, and public dances;

23. Clowns, mascots or legal adults with facial disguise engaged in business at or in relation to events tailored to minors;

24. Massage establishments and massage technicians;

25. Mobile computer repair;

26. Solicitors;

27. Smoking lounges;

28. Pet stores that engage in the selling of animals as defined in Section 122350 of the California Health and Safety Code;

29. Any business for which a special business license is required by this code.

B. A person shall be deemed to operate or conduct an enterprise or activity and violate this section and, if applicable, corresponding prohibitions in EGMC Chapters 4.15 through 4.35, inclusive, if the person, without a special business license in effect, supervises, inspects, directs, organizes, manages or controls or is in any way responsible for or in charge of the enterprise or activity for which the license is required.

C. Notwithstanding the foregoing businesses required to obtain a special business license, the City will accept on a reciprocal basis a special business license or employee permit from Sacramento County for businesses that are based outside of the City but deliver mobile-based business services to the residents of the City including, but not limited to, carpet cleaners, janitorial or maid service, lawn care or tree trimming, auto towing and repossession, mobile auto repair, taxicabs, massage, private security, and home repair. [Ord. 13-2017 §2, eff. 6-9-2017; Ord. 2-2013 §4, eff. 3-28-2013; Ord. 18-2012 §3, eff. 10-12-2012; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.010 Number of licenses required.

If a person conducts or operates more than one (1) of the types of enterprises described by EGMC Section 4.10.005, a separate special business license shall be required for each type of enterprise which the person operates or conducts.

A person who operates or conducts more than one (1) store, office, outlet or other branch of a particular type of enterprise described by EGMC Section 4.10.005 shall not be required to obtain more than one (1) special business license for that type of enterprise, regardless of the number of stores, offices, outlets or branches operated or conducted. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.015 Business location.

Except as otherwise expressly provided, a special business license shall be required for each particular type of enterprise described by EGMC Section 4.10.005 which is operated or conducted within the City, whether or not the enterprise is operated at a fixed location within the City.

An enterprise shall be deemed to be operated or conducted within the City if representatives of the enterprise offer or sell goods or services or provide services within the City, whether the enterprise is operated from a fixed location within another jurisdiction, and whether the enterprise has a fixed location at all. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.020 Special regulations.

Certain of the types of enterprises described by EGMC Section 4.10.005 are subjected to special regulations governing their operations. These regulations are set forth in EGMC Chapters 4.15 through 4.35. Except as otherwise provided, the provisions of this chapter shall be fully applicable to the enterprises identified by EGMC Chapters 4.15 through 4.35.

The provisions of this chapter shall be independently applicable to any enterprise described by EGMC Section 4.10.005 which is also regulated under the provisions of EGMC Chapter 4.02. The issuance of a general business license to an enterprise described by EGMC Section 4.10.005 shall not excuse the enterprise from the requirement that a special business license be obtained pursuant to the provisions of this chapter. The issuance of a special business license shall not be deemed to relieve the holders of a requirement, under EGMC Chapter 4.02, that a general business license be obtained. A special business license shall not be deemed to authorize operation of an enterprise business at a particular location, if a general business license is required and there is no such license in full force and effect. [Ord. 2-2013 §4, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.025 Application filing.

All applications for special business licenses shall be filed with the Finance Director. The Finance Director shall receive any fee required for the application, assure that the application is complete, and refer the application to the Chief of Police for processing, investigation, review and action. The Finance Director shall verify pursuant to Section 16100 of the Business and Professions Code that before the City issues a special business license to an enterprise as a “contractor,” as that term is defined in Division 3, Chapter 9, Article 2, Section 7026 of the Business and Professions Code, that the applicant or licensee is licensed by the State of California Contractors’ State License Board. [Ord. 2-2013 §4, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.030 Application contents.

The application for a special business license shall be filed on a form and contain such information as is prescribed by the Finance Director and the Chief of Police, including the following:

A. A complete description of the type, nature and extent of the enterprise to be conducted and for which application is made;

B. The address of each location from which the enterprise for which application is made will be operated;

C. The name and address of the person who owns the enterprise for which application is made;

D. Such information as is necessary to permit the determinations prescribed by EGMC Section 4.10.040(A)(3);

E. Identification of each type and location of enterprise conducted by the owner within the City;

F. Whether or not the applicant or enterprise is a “contractor,” as that term is defined in Division 3, Chapter 9, Article 2, Section 7026, et seq., of the Business and Professions Code, and if such contractor is licensed as a contractor by the State of California Contractors’ State License Board, with a license in good standing, and the license number and class thereof;

G. Such other and further information as is deemed necessary to administer the provisions of this chapter; and

H. An affirmation under penalty of perjury that the information contained in the application is true and correct. [Ord. 2-2013 §4, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.035 Investigation.

The Chief of Police shall conduct such investigation of the background of the owner or owners and persons managing or supervising the enterprise as is deemed appropriate. The Chief of Police shall evaluate each application to determine whether the operation of the enterprise would involve an unreasonable risk to the health, safety or general welfare of the public. Those persons described by EGMC Section 4.10.040(A)(3) shall be fingerprinted and photographed; and consideration shall be given to the criminal record, if any, and character of the owner and other persons connected with the enterprise, the business responsibility of the firm and the owner, and the manner in which the owner intends to conduct the enterprise. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.040 Issuance.

A. The Chief of Police shall approve the issuance of the special business license by the Finance Director within ninety (90) days after the date of application unless either:

1. The Chief of Police finds in writing that the applicant fails to provide information in connection with the application requested by the Chief of Police as a basis for enabling the Chief of Police to make his or her determination;

2. The Chief of Police finds in writing that any of the material statements made in the application or any information submitted supplementary thereto is incorrect or untrue;

3. The Chief of Police finds in writing that any of the following persons has been convicted of a crime and the time for appeal has elapsed, or when an order granting probation is made suspending the imposition of sentence, irrespective of the entry of a subsequent order under Section 1203.4 of the California Penal Code; or has done any act involving dishonesty, fraud or deceit with intent to substantially injure another; and the Chief of Police concludes that by reason of the crime or act there is a substantial risk that the applicant would not conduct the enterprise in a law-abiding manner or in a manner which does not subject patrons of the enterprise to risk of harm or criminal, deceitful or otherwise unethical practices:

a. A general or limited partner of a partnership which possesses an ownership interest in the enterprise;

b. A joint venturer in a joint venture which possesses an ownership interest in the enterprise and if one (1) or more of the joint venturers is a partnership or corporation, those partners, directors or stockholders to whom the requirements of this section would apply if the partnership or corporation were the sole owner of the enterprise;

c. A sole proprietor when the enterprise is a sole proprietorship;

d. An owner of more than one-half of one (0.5%) percent of the voting shares of stock when a commercial corporation possesses an ownership in the enterprise;

e. A director, when either a commercial or nonprofit corporation possesses an ownership in the enterprise;

f. A member of a management committee when a partnership or joint venture possesses an ownership interest in the enterprise;

g. A member of a governing body or other board or committee to which management is entrusted, when an unincorporated association possesses an ownership interest in the enterprise; or

h. A president, general manager, vice president, chief assistant manager, secretary, treasurer or any officer with equivalent or similar authority employed or retained by the firm possessing an ownership interest in the enterprise.

Notwithstanding the foregoing, an application shall not be denied solely on the basis that a person has been convicted of a felony if the person has obtained a certificate of rehabilitation under Section 4852.01, et seq., of the California Penal Code, or that the person has been convicted of a misdemeanor, if the person has met all applicable requirements of the criteria of rehabilitation developed to evaluate the rehabilitation of a person when considering the denial of a license under Section 4852.01, et seq., of the California Penal Code;

4. The Chief of Police makes any finding in writing authorized as a basis for denial of the license by EGMC Chapters 4.15 through 4.35, or finds in writing that the applicant does not satisfy any requirement applicable to the enterprise for which application is made established by EGMC Chapters 4.15 through 4.35; or

5. The Chief of Police finds in writing that when the applicant or enterprise is a “contractor,” as that term “contractor” is defined in Division 3, Chapter 9, Article 2, Section 7026, et seq., of the Business and Professions Code, the applicant has failed to provide sufficient proof, as determined by the Chief of Police, that the applicant is licensed to engage in the business as a contractor by the State of California Contractors’ State License Board, and that the license is presently valid, effective, not suspended, and in good standing.

B. If an application does not show on its face a basis for denial, the Chief of Police may, in his or her sole discretion, issue a temporary special business license for a period not to exceed ninety (90) days, pending processing and investigation of the application and final determination thereof. [Ord. 2-2013 §4, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.045 Conditions.

The Chief of Police may issue a special business license upon such conditions relating to method or manner of operation of the enterprise as he or she deems necessary to adequately protect members of the public in their patronage or dealings with the enterprise, or to reduce the incidence, detect the commission of, or identify perpetrators of crime. Such conditions may be imposed at the time a special business license is initially issued, upon renewal of the license, or at any time during the term of the license.

Any condition imposed pursuant to the provisions of this section, whether established at the time of issuance, at the time of renewal or during the term of a special business license, shall be embodied, together with the reasons therefor, in a written notice which is served upon the applicant or holder. The condition shall become effective fifteen (15) days following the date of service of the notice thereof, except if an appeal therefrom is filed within the time and in the manner prescribed, the condition shall not become effective until the appeal is finally determined. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.050 Content and display of licenses.

The special business license shall contain but not be limited to a complete description of the enterprise authorized by the license, the name of the enterprise so licensed, the name and address of the owner or owners of the enterprise, the address of each location of the business covered by the license, and any conditions upon which the license is issued. The license shall be conspicuously posted at each location of the enterprise in full public view. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.055 Changes in status.

During the term of any special business license issued hereunder, in addition to the information required by EGMC Section 4.02.070, the holder of the license shall file in writing with the Chief of Police any changes in or new locations of the enterprise so licensed. The Chief of Police shall issue an amended license which shows any changed or new locations of the enterprise so licensed. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.060 Renewal of licenses.

A. Not later than forty-five (45) days prior to expiration of the term of a special business license, the Finance Director shall transmit to the licensee by mail an application for renewal. The application for renewal shall be in such form and include such information as is prescribed and required by the Finance Director and the Chief of Police.

B. The application for renewal shall be filed with the Finance Director not later than the date of expiration of the term of the immediately preceding license. The Chief of Police shall perform such investigation and examination of the applicant as he or she deems appropriate. The Chief of Police shall extend the term of the immediately preceding license during the period of any investigation or examination required in order to determine whether the license should be issued.

C. The Chief of Police shall act upon the application for renewal not later than thirty (30) days after the date a valid application is filed. The renewed license shall be issued unless:

1. The Chief of Police finds in writing that one (1) or more of the conditions identified in EGMC Section 4.10.040 apply;

2. The Chief of Police finds in writing that the licensee has violated any term, condition, requirement, or prohibition imposed by this chapter, EGMC Chapter 4.02, or EGMC Chapters 4.15 through 4.54 which are applicable to the license or the holder, or any administrative regulations promulgated thereunder, or any other applicable law; or

3. The Chief of Police finds in writing that one (1) or more conditions applicable to the preceding license have been violated. [Ord. 2-2013 §4, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.065 Employee permits.

With respect to certain types of enterprises described by EGMC Section 4.10.005, protection of the public health, safety and welfare require that personnel retained by the enterprises to perform specified functions or duties be of good moral character, not have been convicted of particular criminal offenses, and, in certain instances, possess minimum skills necessary to ensure public safety. Personnel required to possess such minimum qualifications are identified by the provisions of EGMC Chapters 4.15 through 4.35. The procedures set forth in this chapter relating to employee permits shall be applicable to all personnel required by EGMC Chapter 4.15 through 4.35 to possess minimum qualifications which are subject to review by the Chief of Police. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.070 Permit required.

Whenever under the provisions of EGMC Chapters 4.15 through 4.35 personnel of a particular enterprise are required to meet minimum qualifications or possess a permit or license, it shall be unlawful for a person to perform the duties or functions specified and unlawful for the holder of a special business license to permit the person to perform such duties or functions unless the person has first applied for and obtained an employee’s permit. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.075 Application filing.

Applications for an employee’s permit shall be filed with the City Manager. The City Manager shall receive any fee required for the application, assure that the application is complete, and refer the application to the Chief of Police for processing, investigation, review and action. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.080 Application contents.

The application for an employee’s permit shall be filed on a form and contain such information as is prescribed by the Chief of Police, including the following:

A. The name, current residential address and e-mail address, if any, of the applicant;

B. The name and address of the business which has retained the services of the applicant for which the permit is required; and

C. A description of the duties or function which the applicant is to perform for the business. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.085 Investigation.

The Chief of Police shall conduct such investigation of the background of the applicant for an employee’s permit as is necessary in order to determine whether the minimum qualifications which have been prescribed are satisfied and as otherwise deemed appropriate. Such investigation shall include the fingerprinting and photographing of the applicant. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.090 Issuance of permit.

Except as hereinafter provided, the Chief of Police shall issue the employee’s permit within thirty (30) days after the date the application is filed unless he or she finds in writing that the applicant is disqualified for the permit under regulations prescribed by EGMC Chapters 4.15 through 4.35. If the Chief of Police’s investigation has not been completed by the date issuance of the permit is required, but that portion of the investigation which has been completed has disclosed no basis for denial of the permit, the Chief of Police shall issue a temporary employee’s permit, the term of which shall extend no longer than one hundred twenty (120) days from the date of issuance. A temporary employee’s permit shall expire upon either the date of expiration of its term, the date of issuance of an employee’s permit, or the date of service of notice that an employee’s permit has been denied. While in force and effect, a temporary employee’s permit shall otherwise be accorded the same status as an employee’s permit. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.095 Incidents of employee permits.

An employee’s permit shall not be transferable or assignable from one (1) person to another. The permit shall contain such information as the Chief of Police requires, including the permit holder’s name and address, the name and address of the enterprise or enterprises retaining his or her services for which the permit is issued, the expiration date of the permit, a description of the duties or functions which the permit authorizes to be performed, and a physical description of the permit holder.

The holder of an employee permit shall carry same on his or her person at all times services authorized by the permit are being performed, and shall display the permit for inspection upon request by any peace officer.

Applications for renewal shall be filed, processed and permits issued in the manner and pursuant to the standards and procedures prescribed by EGMC Sections 4.10.075 through 4.10.090. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

Article II. Denial and Revocation

4.10.100 Grounds for denial – Licenses.

The Chief of Police shall deny an initial application for a special business license if written findings in EGMC Section 4.10.040 are made.

The Chief of Police shall deny an application for renewal of a special business license if any of the written findings described by EGMC Section 4.10.060 are made. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.105 Grounds for denial – Permits.

The Chief of Police may deny an initial application for or application for renewal of an employee permit if the Chief of Police finds in writing that the applicant therefor is disqualified for the permit under the provisions of EGMC Chapters 4.15 through 4.35. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.110 Method of denial.

A denial of an initial application or application for renewal of either a special business license or employee permit by the Chief of Police shall be in writing, with the reasons stated therefor. Written notice of the denial, together with a copy of the provisions of this chapter and any provisions of EGMC Chapters 4.15 through 4.35 which are applicable to the license or permit, shall be served upon the applicant pursuant to the provisions of EGMC Section 4.02.090.

Denial of an initial application or application for renewal of a special business license shall prohibit operation of the enterprise at any location within the City.

With respect to denial of an application for renewal of a special business license or employee permit or termination of a special business license pursuant to EGMC Section 4.02.070, the license immediately preceding special business license or the permit immediately preceding the employee permit shall be deemed to be in full force and effect for a period of fifteen (15) days following the date of service upon the applicant of the notice of denial or termination. In the event the applicant files an appeal from the denial or termination in the manner and within the time prescribed by EGMC Section 4.10.115, the immediately preceding special business license or employee permit shall continue in full force and effect during the pendency of the appeal, until the date of final decision by the appellate authority. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.115 Appeals.

A. The holder of a special business license or employee permit or applicant therefor may file an appeal from the following:

1. The denial of an initial application for or application for renewal of a special business license or employee permit pursuant to the provisions of EGMC Section 4.10.100 or 4.10.105;

2. The imposition of conditions at the time of issuance of an initial or renewed special business license or during the term thereof, pursuant to the provisions of EGMC Section 4.10.045; or

3. The termination of a special business license as a result of a change in ownership, pursuant to the provisions of EGMC Section 4.02.070.

B. Any such appeal shall be filed pursuant to EGMC Chapter 1.11. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.135 Grounds for revocation and suspension – Licenses.

Any special business license issued pursuant to this chapter may be suspended for not longer than one (1) year or revoked during its term if the Chief of Police finds in writing that one (1) or more of the following grounds exists:

A. That information in the latest application was untrue as provided in EGMC Section 4.10.040(A)(2);

B. That the Chief of Police has acquired information supporting a finding that one (1) of the persons listed in EGMC Section 4.10.040(A)(3) has a new criminal conviction or a criminal conviction previously undisclosed;

C. That the holder of the license has violated one (1) or more conditions imposed pursuant to EGMC Section 4.10.045; or

D. That the holder of the license has violated any term, condition or requirement or prohibition established by this chapter, EGMC Chapter 4.02, or Chapters 4.15 through 4.54 which are applicable to the license or the holder, or any administrative regulation promulgated thereunder, or any other applicable law. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.140 Grounds for revocation and suspension – Permits.

Any employee permit issued pursuant to this chapter may be suspended for not more than one (1) year or revoked during its term if the Chief of Police finds in writing the existence of grounds for revocation prescribed by EGMC Chapters 4.15 through 4.35. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.145 Method of revocation or suspension.

A. The Chief of Police may commence proceedings for the suspension or revocation of a special business license or employee permit by issuing a written notice of suspension or revocation. The notice shall state the reasons for suspension or revocation and shall be served, together with a copy of the provisions of this chapter and any provisions of EGMC Chapters 4.15 through 4.35 which are applicable to the license or permit, upon the holder of the license or permit. Except as provided below, the suspension or revocation shall become effective fifteen (15) days after the date of service unless the holder files an appeal within the time and in accordance with the provisions of EGMC Chapter 1.11. If such an appeal is filed, the suspension or revocation shall not, except as provided below, become effective until a final decision on the appeal is issued.

B. A special business license or employee permit may be temporarily suspended pending expiration of the time for appeal or exhaustion of an appeal pursuant to the commencement of proceeding for the suspension or revocation of the license or permit, if the Chief of Police finds that such temporary suspension is necessary in order to protect against a serious and immediate threat to the health or safety of the public caused by exercise of the license or permit. In the event the Chief of Police orders a temporary suspension, the notice of suspension or revocation shall be delivered personally to each place of business licensed or to which the permit relates, served upon the licensee or permittee, and shall contain the following:

1. The finding justifying the temporary suspension;

2. The time, date and place at which the licensee or permittee may appear in advance of the commencement of the temporary suspension for the purpose of responding to the Chief of Police to the charges in the notice; and

3. The time and date on which the temporary suspension commences, which shall not be earlier than twenty-four (24) hours following the time and date of delivery of the notice. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.150 Appeal of revocation or suspension.

Following notice of suspension or revocation pursuant to EGMC Section 4.10.145, the holder of the special business license or employee permit may file a written appeal pursuant to EGMC Chapter 1.11. [Ord. 15-2015 §4, eff. 8-21-2015; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.155 Effect of revocation or suspension.

The revocation of a special business license or employee permit shall terminate the right of the holder of the license or permit to engage in the enterprise authorized by the license or perform the service authorized by the permit, as the case may be, anywhere within the City for a period of five (5) years following the effective date of revocation. At the conclusion of such period, the former holder may file a written application for issuance of a new license or permit with the Finance Director. Upon investigation by the Chief of Police and a new recommendation that must be reviewed by the City Council, the license or permit may be granted or denied by the City Council. The City Council may, in its sole discretion, grant or deny the application pursuant to such terms and conditions as it may prescribe, and may, in addition to other matters, consider factors relating to the rehabilitation of the applicant in making its determination.

In the event of revocation of a special business license, neither the spouse, domestic partner, child, brother, sister or parent of the holder of the revoked license, nor a person possessing an ownership interest in the enterprise for which the license was revoked or who was an employee thereof, shall be entitled to issuance of a special business license for the enterprise except upon filing and review of a new written application filed with the Finance Director, investigation by the Chief of Police, and a new recommendation of the Chief of Police that must be reviewed by the City Council. The Chief of Police may recommend grant of the application to the City Council with such conditions in order to ensure that the person whose conduct constituted the basis for the revocation does not exercise any control or influence over the enterprise or the person to whom the license is issued or the Chief of Police may recommend denial of the application. The City Council may deny the application or grant it with such conditions, in its sole discretion, it deems necessary to protect the public health, safety, and welfare.

The suspension of a special business license or employee permit shall terminate the right of the holder of the license or permit to engage in the enterprise authorized by the license or perform the service authorized by the permit, as the case may be, anywhere within the City for a period of up to one (1) year following the effective date of the suspension. At the conclusion of the suspension, the license or permit is subject to the normal applicable renewal process. [Ord. 2-2013 §4, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

Article III. Additional Special License Requirements

Article IIIa. Dances

4.10.300 Definitions.

As used in this article, the following terms shall be ascribed the following meanings:

A. “Dance club” means any club or association of persons which conducts dancing for its members or bona fide guests more often than once (1) a month, and to which the public is not admitted.

B. “Club dance” means any dance held by a dancing club.

C. “Public dance” means a gathering of persons in or upon any premises where dancing is permitted with or without charge therefor, and to which premises the public is admitted.

D. “Public dance hall” means a place where dancing is conducted, whether for profit or not for profit, and at which the public is allowed to dance, with or without charge. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.305 License required.

No person shall operate a public dance, club dance, dancing club or a public dance hall in the City unless under and by authority of a valid, unexpired and unrevoked special business license issued pursuant to the provisions of this chapter and Article IIIa of this chapter authorizing public dances, club dances, a dance club, or public dance hall. [Ord. 12-2012 §14(A), eff. 7-27-2012]

4.10.310 Issuance.

Repealed by Ord. 12-2012. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.315 Hours.

A. The Chief of Police may grant written permission for any dance hall, public dance or club dance to remain open between 2:00 a.m. and 6:00 a.m. on each New Year’s Day. With the foregoing exception, and except as provided below, it shall be unlawful for the owner, operator, proprietor or sponsor of a public dance, club dance or public dance hall to authorize or conduct dancing at any time between the hours of 2:00 a.m. and 12:00 noon.

B. The City Council finds that the crime of operating a motor vehicle while under the influence of alcohol occurs with serious frequency at and immediately following 2:00 a.m., when bars close. For the purpose of reducing the incidence of such crime by delaying the departure of intoxicated persons until they have sobered, the Chief of Police shall, upon written request, issue or amend a special business license for a public dance, club dance or public dance hall, or issue written permission if no such license is required, authorizing the conduct of dancing between 2:00 a.m. and 4:00 a.m., if the Chief of Police finds the following:

1. That the establishment where the dancing is conducted sells alcoholic beverages for on-site consumption in compliance with a license so authorizing issued by the California Alcoholic Beverage Control Board;

2. That the establishment where the dance is conducted will remain unlocked and available for routine and special inspections by law enforcement authorities during the extended dancing hours;

3. That no alcoholic beverages are either sold or consumed on the premises during the extended dancing hours; and

4. That the establishment where the dancing is conducted serves, during the extended dancing hours, a sit-down or buffet meal which is either prepared in an on-site kitchen or provided by a catering service.

C. The above requirements shall constitute ongoing conditions of the authorization to conduct dancing during the extended hours, conditions of any special business license which has been issued, and the violation thereof shall constitute grounds for revocation of the permission and of any license. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.320 Exemption.

Dances held by fraternal organizations, lodges, veterans’ organizations, church groups, farm associations, for the members thereof or bona fide guests by schools for the students thereof, or by student groups under the supervision and control of the school authorities, shall be conducted in compliance with EGMC Section 4.10.315, but may be conducted without a special business license and shall not otherwise be subject to the provisions of this article. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

Article IIIb. Poolhalls

4.10.330 License required.

No person shall operate a poolhall without possessing a valid, unexpired and unrevoked special business license authorizing the poolhall issued pursuant to the provisions this chapter and this article. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.335 Poolhalls.

As used in this article, the term “poolhall” shall mean any place where one (1) or more billiard, pool or combination tables are maintained, and where a charge is made for use of such tables by members of the general public. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.340 Minors prohibited.

A. Except as hereinafter provided, it shall be unlawful for an operator of a poolhall to permit any person who is under the age of eighteen (18) years to be present in a poolhall at a time when pool or billiards are being played; and unlawful for a person under the age of eighteen (18) years to be present in a poolhall at a time when pool or billiards are being played.

B. A person who is under the age of eighteen (18) years may be present in a poolhall at a time when pool or billiards are being played if:

1. The person is accompanied in the poolhall by his or her parent or legal guardian; or

2. A written consent signed by the parent or legal guardian authorizing such presence is filed with the operator of the poolhall. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

Article IIIc. Movie and Television Productions

4.10.350 Purposes.

It is not uncommon for motion picture productions to necessitate or otherwise result in the disruption of motor vehicle traffic, the unusual utilization of public facilities, the employment of actual or potentially dangerous explosives or other activity which could endanger public safety, the creation of noise which disturbs the public quiet or convenience, the attraction of crowds of sightseers, or other circumstances which require the commitment of public resources in order to ensure adequate protection of the health, safety and welfare of the community.

The purposes of this article are to provide for the licensing of motion picture productions in order to ensure that necessary public resources are provided at the times and in the manner required to protect the health, safety and welfare; that the licensee bears the cost of such public resources; and that the motion picture productions are otherwise conducted under conditions and in a manner which avoids risk to the health, safety or welfare of the community. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.355 Definitions.

As used in this article, the following terms shall have the following meanings:

“Motion picture production” shall mean and include any activity attendant to staging or filming or videotaping of commercial motion pictures or television shows, programs, or advertising.

“Still photography” means and includes all activity attendant to staging or making commercial still photographs. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.360 City Manager.

The City Manager or his or her designee is charged with the responsibility of administering the regulations imposed by this article, and exercising the authority conferred thereby. Such authority shall include the power and duty to issue special business licenses authorizing motion picture productions, promulgate administrative regulations, and otherwise perform the duties and exercise the authorities conferred herein.

To these ends, the City Manager shall be vested with the same powers and authorities in relation to motion picture productions and the issuance and administration of special business licenses therefor, as are vested in the Chief of Police under this chapter and EGMC Chapter 4.02. Any reference to the “Chief of Police” shall be deemed to be a reference to the City Manager or his designee in relation to motion picture productions. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.365 License required.

No person shall use any public or private property, facility or residence within the City for a motion picture production unless under and by authority of a valid, unexpired and unrevoked special business license authorizing the motion picture production issued pursuant to the provisions of this chapter and this article. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.370 Exceptions.

The provisions of this article shall not be applicable to the following:

A. Reporters, photographers or cameramen in the employ of a newspaper, news service, television station or similar entity engaged in the on-the-spot recording of news events concerning those persons, scenes or occurrences which will be published, telecast or broadcast;

B. Any motion picture production at a studio located within the City;

C. Commercial still photography. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.375 Processing of application.

Upon receipt of a fully completed application, the City Manager shall provide copies thereof to the Chief of Police, the Fire Chief of Cosumnes Community Services District, and any other official whose jurisdiction or authority would be affected by the motion picture production. Each of these officials shall determine whether, with regard to their specific areas of responsibility, any conditions are necessary in order to ensure that the proposed motion picture production does not endanger the public health or safety, whether the commitment of any public resources (including staffing) is necessary in order to minimize disruption caused by or risk to the public health or safety resulting from the motion picture production, and, if so, the estimated cost thereof. Each such official shall submit to the City Manager within fifteen (15) days following the date of filing of a completed application his or her written findings, determinations and requirements. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.380 Issuance.

Notwithstanding the provisions of EGMC Section 4.10.040, the City Manager shall act upon the application not later than thirty (30) days following the date of filing of the application, and the provisions of EGMC Section 4.10.040(A)(3) shall not constitute grounds for denial of a special business license to conduct a motion picture production.

The City Manager shall issue the special business license within thirty (30) days after the date on which the application is filed unless, in addition to the grounds prescribed by EGMC Section 4.10.040, either the Public Works Director, the Chief of Police or the Fire Chief of Cosumnes Community Services District finds in writing that the production would constitute a hazard to public safety, and that there are no conditions upon which the license could be issued which would eliminate the hazard. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.385 Conditions.

Pursuant to the provisions of EGMC Section 4.10.045, the City Manager may issue a special business license authorizing a motion picture production upon conditions which relate to the following:

A. The time, place or manner of conducting the motion picture production, for the purpose of reducing disruption of traffic, disruption of public services, disruption of the public peace or quiet, or the minimization of any hazard to the public safety which could result from the production;

B. The deposit of such cash amounts as may be necessary to cover the costs of any public resources (including personnel) required to be provided by the City or the Cosumnes Community Services District, required in order to facilitate the production or reduce the disruption of traffic, public peace and quiet or safety hazards arising therefrom;

C. If the motion picture production involves a potential risk of a safety hazard to the public, a requirement that the licensee enter into an agreement indemnifying the City and the Cosumnes Community Services District, and, in their capacities as such, their officers, employees and agents, against any liability which may arise out of or result from the production, secured by liability insurance in such amount as is required by the City Manager or his or her designee and in such form and by such an insurer as may be required by the City Attorney. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.390 Disruption of production.

A. No person, after first being warned to cease the conduct, shall engage in conduct intentionally designed to disrupt motion picture or television production undertaken pursuant to a license issued under the authority of this chapter.

B. For purposes of this section, conduct which disrupts motion picture or television production includes, but is not limited to:

1. Creating or causing audible interference to the recording of sound;

2. Interfering with the ability of a production to achieve consistent light levels by shining or reflecting light onto a set or at a camera or by utilizing some other artificial means to adversely affect lighting;

3. Interfering with the entrance or egress of production equipment or personnel;

4. Placing any obstacles at any location where production is occurring. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

Article IIId. Mobile Food Vendors

4.10.400 License required.

No person shall operate as a mobile food vendor or as an ice cream truck vendor, as defined in EGMC Section 23.100.020, within the City for the purpose of selling food, unless under and by authority of a valid, unexpired and unrevoked special business license authorizing such activity issued pursuant to the provisions of this chapter and this article.

Licensees shall comply with the development and operational standards contained in EGMC Chapter 23.85. [Ord. 18-2012 §3, eff. 10-12-2012; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.405 Definition – “Mobile food vendor.”

“Mobile food vendor” is defined in EGMC Section 23.100.020(M). [Ord. 18-2012 §3, eff. 10-12-2012; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.408 Definition – “Ice cream truck.”

“Ice cream truck” is defined in EGMC Section 23.100.020(I). [Ord. 18-2012 §3, eff. 10-12-2012]

4.10.410 Employee permit required.

No person shall, as an employee or other person performing services for an owner or proprietor, engage in mobile food vending without possessing a valid, unexpired and unrevoked employee permit issued pursuant to the provisions of this chapter and this article. [Ord. 18-2012 §3, eff. 10-12-2012; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.415 Application for permit.

In addition to the matters prescribed by EGMC Section 4.10.080, an application for an employee permit to provide services identified by EGMC Section 4.10.400 shall contain a list of each conviction of the applicant, plea of guilty or plea of nolo contendere. The list shall, for each such conviction, set forth the date of arrest, the offense charged and the offense of which the applicant was convicted. [Ord. 18-2012 §3, eff. 10-12-2012; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.420 Issuance of permit.

Upon receipt of an application for an employee permit to perform services as a mobile food vendor or ice cream truck, the Chief of Police shall conduct such investigation pursuant to EGMC Section 4.10.085 as is deemed necessary. The Chief of Police shall issue the permit unless he or she finds, pursuant to EGMC Section 4.10.090, any of the following:

A. That the application fails to contain information required by the Chief of Police or EGMC Section 4.10.415, or is otherwise incomplete;

B. That information contained in the application is false or otherwise inaccurate; or

C. That the applicant has been convicted of a crime and the time for appeal has elapsed, or when an order granting probation is made suspending the imposition of sentence, irrespective of the entry of a subsequent order under Section 1203.4 of the California Penal Code; or has done any act involving dishonesty, fraud or deceit with intent to substantially benefit him or herself, or another, or substantially injure another; and the Chief of Police concludes that by reason of the crime or act there is a substantial risk that the applicant would not perform his or her duties in a law-abiding manner or in a manner which does not subject patrons to risk of harm or criminal, deceitful or otherwise unethical practices.

Notwithstanding the foregoing, an application shall not be denied solely on the basis that a person has been convicted of a felony if the person has obtained a certificate of rehabilitation under Section 4852.01, et seq., of the California Penal Code or that the person has been convicted of a misdemeanor if the person has met all applicable requirements of the criteria of rehabilitation developed to evaluate the rehabilitation of a person when considering the denial of a license under Section 482(a) of the California Penal Code. [Ord. 18-2012 §3, eff. 10-12-2012; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.10.425 Revocation of permits.

An employee permit may be suspended or revoked pursuant to EGMC Section 4.10.140 upon any of the following grounds:

A. Violation of any of the duties, requirements or prohibitions contained in this article;

B. Violation of any of the duties, requirements or prohibitions set forth in any administrative regulations issued pursuant to EGMC Section 4.02.085;

C. Misrepresentation of a material fact contained in the application; or

D. That since issuance or renewal of the permit the Chief of Police has acquired information supporting a finding under EGMC Section 4.10.420(C) in relation to the holder of the permit. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

Article IIIe. Smoking Lounges

4.10.450 Definitions.

The definitions contained in this section shall govern the construction of this chapter:

A. “Applicant” or “licensee” shall be the person or representative applying for the special business license under this chapter.

B. “License” or “special business license” shall each mean the special business license required under this chapter.

C. “Person” shall mean any of the following:

1. Any natural person;

2. “Business” that shall include any sole proprietorship, partnership, joint venture, corporation, association, or other entity formed for profit-making purposes or that has an employee, whether or not such employee is retained as an independent contractor or is a volunteer to the business.

3. “Nonprofit entity” that meets the requirements of Section 5003 of the California Corporations Code or any corporation, unincorporated association or other entity created for charitable, religious, philanthropic, educational, political, social or similar purpose, the net proceeds of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A public agency is not a nonprofit entity within the meaning of this section.

D. “Smoking lounge” means a business establishment that permits the smoking of tobacco or other combustible substances on site, including but not limited to establishments commonly known as cigar lounges, hookah bars/cafes, tobacco clubs, or smoking parlors. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 50-2008 §2, eff. 11-21-08]

4.10.451 License required.

A. It is a violation of this chapter for any person to engage in, conduct, or carry on, or permit to be engaged in, conducted, or carried on, in or upon any premises within the City, the operation of a smoking lounge unless the person first obtains and continues to maintain in full force and effect a valid smoking lounge special business license issued by the City Manager pursuant to this chapter.

B. The holding or conducting of any event or activity subject to the provisions of this chapter without a valid special business license therefor pursuant to the provisions of this chapter, unless expressly exempt hereunder, is declared a public nuisance. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 50-2008 §2, eff. 11-21-08]

4.10.452 Operating requirements for smoking lounge.

It is unlawful for any person to engage in, conduct, or carry on, or permit to be engaged in, conducted, or carried on, in or upon any premises within the City, the business of a smoking lounge except in compliance with all of the following requirements:

A. The business or nonprofit entity shall be owner-operated or otherwise comply with the provisions regulating smoking in the workplace set forth in Section 6404.5 of the California Labor Code.

B. No food or beverages, including but not limited to alcoholic beverages, shall be sold or consumed on the premises.

C. No persons under eighteen (18) years of age shall be permitted within the business.

D. No live entertainment, including but not limited to singers, disc jockeys, dancers, or comedians, shall be permitted within the business except as otherwise allowed by the Elk Grove Municipal Code.

E. All business-related activities shall be conducted wholly within a building, with the exception of outdoor seating, which shall be operated in accordance with the Zoning Code. Operation of outdoor barbecues, fire pits, braziers or lit coals shall not be permitted.

F. No admittance fee, cover charge or requirement of any charge or minimum payment as a condition of entry shall be permitted.

G. No window coverings shall prevent visibility of the interior of the tenant space from outside the premises during operating hours. Any proposed window tint shall be approved in advance by the City Manager or his or her designee.

H. The interior of the business enterprise shall be maintained with adequate illumination to make the conduct of patrons within the premises readily discernible to persons of normal visual acuity.

I. Adequate ventilation shall be provided for the heating of coals in accordance with all requirements imposed by the City Manager or his or her designee, or as otherwise required by law.

J. Parking shall be provided using the standard for bars and nightclubs under the Zoning Code.

K. The occupancy shall not exceed the lesser of 1) the occupancy limit for the premises established by the City of Elk Grove or Cosumnes Community Service District Fire Department, or 2) an occupancy limit established as a condition of the license approved pursuant to this chapter, or any zone variance issued pursuant to the Zoning Code.

L. The business or nonprofit entity shall also be in conformity with all other laws. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 50-2008 §2, eff. 11-21-08]

4.10.453 Application for special business license.

A. Applications for licenses pursuant to this chapter shall be filed with the City Manager or his or her designee on a form provided by the City Manager and shall pay a nonrefundable application fee in an amount designated by resolution of the City Council and, at least, the following information:

1. The legal name, residence address and telephone number of the owner(s) of the proposed establishment making application;

2. The legal name, residence address and telephone number of the person submitting the application as authorized agent of the owner(s), if applicable;

3. The business name, address and telephone number under which the activity will be conducted;

4. The exact nature and location of the activity for which the license is required and an estimate of the number of patrons of the establishment;

5. A security plan for control of pedestrian and vehicular traffic and prevention of unlawful conduct by employees and patrons (such as assaults, vandalism, littering, theft, sale or use of controlled substances, and consumption of alcohol) within the building(s) and outside in the areas affected by the public attending the event; provided, however, that this requirement shall be excused in the case of a noncommercial activity or event to which the public is invited free of charge and which event shall not be in conjunction with any other commercial activity;

6. A plan for control of noise affecting nearby premises (noise control plan), with special attention to prevention of noise nuisance to nearby residences, if any;

7. The hours of operation of the establishment; and

8. Such other information pertaining to public health and safety as may be required by the City Manager or his or her designee to ensure compliance with the provisions of this chapter and of the requirements of the Zoning Code and, in addition, any information that the applicant may wish to include.

B. Submitting false or misleading information on the application shall constitute grounds for denial of the application or immediate revocation of the license. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 50-2008 §2, eff. 11-21-08]

4.10.454 Issuance.

A. Upon the filing of an application, the City Manager or his or her designee shall determine whether the application is complete. If the application is not complete, the City Manager or his or her designee shall, within ninety (90) days, give written notice by personal delivery or by first class certified mail, return receipt requested, to the applicant advising that the application is incomplete and cannot be acted upon. The notice shall state what information is needed to complete the application.

B. Upon the filing of a completed application, the City Manager or his or her designee shall conduct an appropriate investigation, including, but not limited to, consultation with the Elk Grove Police Department, Development Services Department, and Cosumnes Community Services District and inspection of the premises as needed. Within forty-five (45) business days after receipt of a completed application, the City Manager or his or her designee shall either grant or deny the application, and shall give written notice to the applicant of the decision.

C. An application for a smoking lounge special business license pursuant to this chapter shall be granted, subject to compliance with the requirements set forth in this chapter and in this code, unless it is found and determined that issuance of the license would allow the smoking lounge to be held or conducted:

1. In violation of any provisions of this code, or in violation of any other Federal, State, County, or City law or laws; or

2. In a building or structure which is hazardous to the health or safety of the employees or patrons of the business, activity, or event, or the general public, under the standards established by the uniform codes or the California Fire Code, as adopted by the City; or

3. On premises which lack adequate on-site parking areas for employees and the public attending the proposed event or activity, under the standards set forth in the Zoning Code, or any regulations adopted by the City, except for existing uses that are legal and nonconforming with respect to parking; or

4. In a manner in which proposed security measures are determined to be inadequate to deter unlawful conduct on the part of employees or patrons, or to promote the safe and orderly assembly and movement of persons and vehicles, or the proposed noise control plan is determined to be inadequate to prevent disturbance of the neighborhood by excessive noise created by the activity or by patrons entering or leaving the premises. [Ord. 24-2015 §3 (Exh. A), eff. 2-12-2016; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 50-2008 §2, eff. 11-21-08]

4.10.455 Appeal – Notice and hearing.

An applicant whose application for a smoking lounge license has been denied or has been granted conditionally may appeal such decision pursuant to EGMC Chapter 1.11. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 50-2008 §2, eff. 11-21-08]

4.10.456 Issuance of license conditions.

A. After the decision approving or conditionally approving any license becomes final, the City Manager or his or her designee shall issue the license, for the period requested, but not to exceed one (1) year.

B. The license shall be issued subject to compliance with all operating requirements established by the City as may be required to ensure compliance with City regulations governing the matters contained in the application. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 50-2008 §2, eff. 11-21-08]

4.10.457 Revocation of license.

A. On determining that grounds for license revocation or suspension exist the City Manager or his or her designee shall furnish written notice of the proposed suspension or revocation to the licensee. Such notice shall set forth the time and place of a hearing to be conducted by a Hearing Authority appointed by the City Manager or his or her designee and the grounds upon which the hearing is based, the pertinent code sections at issue, and a brief summary of the facts in support of the suspension or revocation. In addition to any other requirements of this chapter, any license issued pursuant to the provisions of this chapter shall be revoked by the City Manager or his or her designee following a hearing on the basis of any of the following:

1. The business or activity has been conducted in a manner which violates one (1) or more of the conditions imposed upon the issuance of the license or which fails to conform to the plans and procedures described in the application, or which violates the occupant load limits set by the City or Cosumnes Community Services District;

2. The applicant has failed to obtain or to maintain all required City, County and State licenses and permits;

3. The license is being used to conduct an activity different from that for which it was issued;

4. The applicant has misrepresented any material fact in the application for license or has not answered each question therein truthfully;

5. The applicant has failed to comply with one (1) or more of the required conditions and has failed to cure such noncompliance after reasonable notice thereof;

6. The building or structure in which the licensed event or activity is held or conducted, or is to be held or conducted, is hazardous to the health or safety of the employees or patrons of the business, activity, or event, or of the general public, under the standards set forth in the Uniform Building or Fire Code;

7. The permitted event or activity creates noise or sound levels that violate any ordinance of the City;

8. The security measures provided are inadequate to deter unlawful conduct on the part of employees or patrons, or to promote the safe and orderly assembly and movement of persons and vehicles, or that the noise control measures provided are inadequate to prevent disturbance of the neighborhood by excessive noise created by patrons entering or leaving the premises where the activity takes place;

B. Written notice of the hearing on the proposed license revocation, together with written notification of the specific grounds of complaint against the business or activity of the applicant, shall be personally delivered or sent by first class certified mail, return receipt requested, to the applicant at least thirty (30) business days prior to the hearing;

C. In the event a special business license is revoked pursuant to the provisions of this chapter, or this code, another special business license under this chapter shall not be granted to the applicant, or to any other applicant for the subject location, within twelve (12) months after the date of such revocation. The City Manager’s or his or her designee’s determination following a public revocation hearing shall be based upon written findings and shall be final and conclusive in the matter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 50-2008 §2, eff. 11-21-08]

4.10.458 Application to existing businesses.

Any smoking lounge lawfully existing on the effective date of the ordinance codified in this chapter which becomes a nonconforming use by reason of the adoption of this chapter shall cease operation, or otherwise be brought into full compliance with the provisions of this chapter, not later than either A) one (1) year following the effective date of the ordinance codified in this chapter, or B) six (6) months following the date of written notice as provided below, whichever is later (the “amortization period”), except that no lawfully existing smoking lounge shall be deemed to be nonconforming for failure to comply with the location and parking requirements established for such uses by this chapter unless said business is terminated for any reason or voluntarily discontinued for a period of sixty (60) consecutive days or more following the effective date of the ordinance codified in this chapter. A smoking lounge which is not operational due to a fire, flood or natural disaster on the effective date of the ordinance codified in this chapter shall be deemed a lawfully existing smoking lounge for purposes of this section, provided such smoking lounge resumes operation within a period of not more than two (2) years from the date of said fire, flood or natural disaster which rendered such business nonoperational. Any such lawfully existing smoking lounge may continue to operate, provided said operation is in conformity to all other applicable City, County, State, and Federal laws, until the application pursuant to this chapter has been acted upon and the decision thereon has become final. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 50-2008 §2, eff. 11-21-08]

4.10.459 Rules and regulations.

The City Manager or his or her designee may adopt rules and regulations that are deemed necessary or expedient for the administration or implementation of this article as he or she deems necessary, and review, revise, and/or promulgate new or amended rules and regulations as he or she deems necessary. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 50-2008 §2, eff. 11-21-08]

4.10.460 Enforcement.

Any person violating any provision of this article or failing to comply with any of its requirements shall be deemed guilty of an infraction. This article shall be enforced as set forth in EGMC Title 1. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 50-2008 §2, eff. 11-21-08]