Chapter 4-04 BUSINESS LICENSES GENERALLY

“Canvasser” means any person not having an established place of business in the city who, for himself or herself or as an agent of another, goes from house to house for the purpose of soliciting orders or subscriptions for any goods, wares, merchandise or product, of any nature or description, for future delivery whether or not advance payments are collected at the time the order or subscription is taken, except salespeople or solicitors regularly employed by any wholesale house or jobber who take or solicit orders from retailers or other merchants conducting a regularly established place of business, or any person who sells or offers for sale any goods, wares, merchandise or products in his or her possession where such goods, wares, merchandise or products are delivered at the time and place the sale is made, or persons selling, offering for sale or delivering to purchasers any farm or garden products where the same are raised or produced upon the property of the persons offering the same for sale, whether or not the property is owned or leased by such persons.

“Chief of Police Services” means the Laguna Hills Chief of Police.

“City” means the city of Laguna Hills.

“City Council” means the Laguna Hills City Council.

“Coin-currency dealer” means a person dealing in a business where coins or currency are bought, sold, traded, pawned, auctioned, or accepted for sale on consignment at a price above the face value of such coins or currency upon the basis, express or implied, that the value above the face value is derived from the age, rareness, condition, mineral content, or historical associations of the coins or currency.

Except for coins or currency, “coin-currency dealer” shall not include a shop where secondhand merchandise, including but not limited to jewelry or metals, is bought, sold, traded, pawned, auctioned, or accepted for sale on consignment.

Shops which buy, sell, trade, pawn, auction, or accept for sale on consignment coins or currency at a price above the face value of such coin or currency and where secondhand merchandise, other than coin or currency, is bought, sold, traded, pawned, auctioned, or accepted for sale on consignment shall comply with this code as to such other secondhand merchandise.

“Commercial” means operated or carried on primarily for financial gain.

“Commercial garbage” means any garbage other than garbage produced upon the premises covered by the license provided for herein.

“Commercial hog ranch” means any premises where more than forty (40) head of swine are maintained, raised, fed or fattened, or where two or more head of swine are maintained, raised, fed or fattened upon commercial garbage.

“Commercial manure dealer” means any person, firm or corporation who, for a fee, gathers, collects, hauls, stockpiles, spreads or sells any manure or manure-like substance.

“Commercial stable” means any property where equines are sheltered or fed on a commercial basis.

“Council” means the Laguna Hills City Council.

“County” means the county of Orange.

“Dance instructor” means any person, male or female, who participates or otherwise engages in, while nude, any dance instruction, lesson, demonstration or exhibition conducted in a dance studio.

“Dance studio” means any premises or mobile facility where there is conducted the business or transaction of furnishing, providing or procuring dancing instructors for the purpose of providing dance instruction, lessons, demonstrations or exhibitions, while nude, to any person or persons who pay a fee, or any other thing of value, as consideration, compensation or gratuity for the right or opportunity to dance with or observe such nude dancing instructor.

“Direct alarm” means any alarm system connecting an authorized source to the Emergency Response Agency by a leased telephone line that may be connected by any automatic dialing device or any other direct line that has no intermediate station.

“Emergency Response Agency” means the county of Orange Sheriff-Coroner, county of Orange Fire/California Department of Forestry and the county of Orange General Services Agency Communications Division.

“Entertainment” means that which engages the attention agreeably, amuses or diverts, whether in private, as by conversation, music or other manner, or in public, by performances, conversation, music or other manner.

“Escort” means any person who, for pecuniary compensation:

1. Escorts, accompanies or consorts with another person to, from or about social affairs, entertainments, places of public assembly or places of amusement located or situated within the city.

2. Escorts, accompanies or consorts with another person in or about any place of public or private resort or within any private quarters located or situated within the city.

3. Escorts, accompanies or consorts with another person in or about any business or commercial establishment, or part or portion thereof, located or situated within the city.

“Escort bureau” means any business, agency or self-employed or independent escort who, for pecuniary compensation, furnishes or offers to furnish escorts within the city.

“Established place of business” means the place where any person, firm or corporation conducts any retail or other establishment having a permanent address and being regularly open for business from day to day during ordinary business hours.

“False alarm” means the activation of an alarm signal necessitating response by an Emergency Response Agency when an emergency situation does not exist.

“Figure model” means any person, male or female, who poses, or otherwise conducts himself or herself, to be observed, viewed, sketched, painted, drawn, sculptured, photographed, filmed, videotaped, or otherwise similarly depicted, except when such conduct is done in one of the institutions exempted under the definition of “figure model studio.”

“Figure model studio” means any premises or mobile facility where there is conducted the business or transaction of furnishing, providing or procuring figure models who pose for the purpose of being observed or viewed by any person, or being sketched, painted, drawn, sculptured, photographed, filmed, videotaped, or otherwise similarly depicted in the nude before persons who pay a fee, or any other thing of value, as consideration, compensation or gratuity, for the right or opportunity to so observe a figure model, or for admission to, permission to, or as a condition of, remaining on the premises. “Figure model studio” does not include any studio or classroom which is operated by any public agency, or any public or private educational institution authorized under California Education Code Section 94300 et seq., to issue and confer a diploma or degree.

“Garbage” means all animal and vegetable refuse or residue from kitchens, canneries, bakeries, restaurants, lunch stands, meat, fish, fruit or vegetable markets and other foodhandling places, and all household waste or residue that shall result from the preparation or care for or treatment of foodstuffs resulted to be used as food, or shall have resulted from the preparation or handling of food for human consumption or any decayed and unsound meat, fish, fruit and vegetables.

“Grooming parlor” means any premises where animals are groomed, brushed, clipped or bathed on a commercial basis.

“Interlocutrix” means any person who engages conversation, meditation or communication of any nature while nude in a rap session establishment.

“Introductory service” means a service offered or performed within the city by any person for pecuniary compensation, the principal purpose of which is to aid persons to become socially acquainted or to otherwise assist persons to meet for social purposes, or which service is generally known or should be known by the offering or performing party to be used by the recipients thereof for the purpose of obtaining information about other persons to be used for social purposes.

“Junk collector” means any person, firm or corporation having no fixed place of business in the city, engaged in or carrying on the business of collection, buying or selling from house to house or from place to place, gathering, collecting, buying or otherwise dealing in any old rags, sacks, bottles, cans, papers, metal or other articles commonly known as junk.

“Junk dealer” means any person, firm or corporation having a fixed place of business in the city, engaged in or carrying on the business of buying or selling, either at wholesale or retail, any old rags, sacks, bottles, cans, papers, metal or other articles commonly known as junk.

“Kennel” means any property where four or more dogs, or four or more cats, over the age of four months, are kept or maintained for any purpose, except veterinary clinics and hospitals, and except property for which an animal permit has been issued pursuant to Section 13-12.190 of this code.

“Massage” means a method of treating the external parts of the body for remedial or hygienic purposes, consisting in rubbing, stroking, kneading, adjusting or tapping with the hand or hands or any instrument.

“Massage parlor” means any Turkish bath parlor, Battle Creek system treatments, magnetic healing institute, massage parlor or any place or institution where treatment of any nature for the human body is given by means of massage as herein defined.

“Massagist” means both the singular and plural, and shall mean and include any person who practices massage as herein defined, except a physician, surgeon, chiropractor, osteopath or registered physical therapist or any nurse or other person working under the direct supervision of a physician, surgeon, chiropractor, osteopath or registered physical therapist duly licensed to practice their respective professions in the state of California.

“Mobile X-ray unit” means any X-ray generator which is, or can be, used for the purpose of making medical diagnostic photofluorographic films of persons, and which is installed in or upon a motor vehicle or trailer so that it may be transported from place to place.

“Mobile X-ray operator” means any person or other entity, who owns or legally possesses or operates a mobile X-ray unit.

“Nude” shall have the same meaning as that contained in Section 3-12-2 of the Orange County Code.

“Outdoor gathering” means any music festival, dance festival, public dance, show or similar gathering, at which music or entertainment is provided by professional or amateur performers, or by prerecorded means, which is held at any place other than in a public building or permanent installation, which permanent installation has been constructed for the purpose of, or so constructed that it can be used for the conducting of such activities, as determined by the Director of Building and Safety, to which members of the public are invited or admitted for a charge or free of charge and which is attended by more than two thousand five hundred (2,500) persons. Parades otherwise licensed by proper governmental authority are not included within this definition.

“Pawnbroker” means a person, firm or corporation engaged in conducting, managing or carrying on the business of pawnbroking or the business of lending money for himself or herself or any other person, firm or corporation upon personal property, pawns or pledges, or the business of purchasing articles of personal property and reselling or agreeing to resell such articles to the vendors or their assignees at prices agreed upon at or before the time of such purchase.

“Pecuniary compensation” means any commission, fee, gratuity, hire, profit, reward, or any other form of consideration.

“Peddler” means and includes every person who travels from place to place or has a stand upon any public street, alley or other public place, in the doorway of any room or building, or upon any lot or parcel of land, who sells or offers for sale any goods, wares or merchandise in his or her possession, other than food, except salespeople or solicitors regularly employed by any wholesale house or jobber, who take or solicit orders from retailers or other merchants conducting a regularly established place of business.

“Person” means both the singular and the plural, and shall also mean and include person, individual, firm, corporation, copartnership, association, club, society or any other organization.

“Pet shop” means any person or facility engaged in the sale or trade of live animals on a commercial basis.

“Poolroom,” as used in this article, means any place open to the public where billiards, pool or bagatelle is played, except a private house and except the rooms of a bona fide fraternal organization, where the general public is allowed to play therein, whether any compensation or reward is charged for the use of such tables or not.

“Profit interest” means any interest or share in the present or prospective profit of an escort bureau or introductory service.

“Public baths” means any place where there is given steam baths, electric lights baths, electric tub baths, shower baths, sponge baths, sunbaths, mineral baths, vapor baths, Russian, Swedish or Turkish baths or any other type of baths, fomentations, alcohol rubs or any other types of rubs or giving salt glows or any type of therapy; any public bathing place which has in connection therewith a steam room, dry hot room, plunge, shower bath or sleeping accommodations.

“Public dance” means a gathering of persons in or upon any premises where dancing is participated in, either as the main purpose of such gathering or as an incidental to some other purpose, and to which premises the public is admitted, either with or without charge, and to which not more than two thousand five hundred (2,500) persons shall be admitted.

“Rap session establishment” means any premises or mobile facility where there is conducted the business or transaction of furnishing, providing, or procuring interlocutrices to engage in conversation, meditation, or communication of any nature while nude with any person or persons who pay a fee, or any other thing of value, as consideration, compensation, or gratuity for the right or opportunity to engage in such communication.

“Recognized school of massage” means any school or institution of learning which has for its purpose the teaching of the theory, method, profession or work of massagist, and which school requires a resident course of study of not less than two hundred (200) hours to be given in not less than three calendar months before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning, showing the successful completion of such course of study or learning.

“Roadside market” means any vehicle, booth, stand, tent, house or other place or structure at or in which goods, wares, merchandise, food, products, vegetables or other commodities are sold, exposed for sale, bartered or given away, or where any business of any nature or kind is transacted.

“Secondhand dealer” as used in this chapter means, and includes, any person, partnership or corporation whose business is that of engaging in buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning or auctioning secondhand personal property.

“Secondhand dealer” also means any person who owns or operates an auction or any other event at which two or more persons offer secondhand personal property for sale or exchange and where a fee is charged for the privilege either of offering or displaying such property for sale or exchange or for admission of prospective buyers to the area where such property is offered or displayed for sale or exchange, but does not include a person who owns the land on which the auction or event occurs if he or she has no control over such auction or event and has no personal knowledge of any facts arising from such auction or event which constitute a violation of any provisions of this article.

“Security officer” means an individual engaged in the act of guarding property as the owner, member or employee of a security system.

“Security system” means any private service or private system which purports to furnish or does furnish to members or subscribers, any watchman or guard, either uniformed or otherwise, or any guard dog to patrol any part of the city or to guard or watch any property, including guarding against theft, fire, or both, or to perform any service usually and customarily performed by the Chief of Police Services in his or her capacity as a peace officer. Security system does not include the guarding of property of a single owner by one or more individuals who are employed by such owner.

“Show” means a carnival, tent show or show in the open air, or in a hall or building not specifically constructed for theatrical purposes, wherein carnivals, circuses, dog or pony shows, dramatic, musical or theatrical performances are given to audiences not exceeding two thousand five hundred (2,500) persons.

“Specified anatomical areas” means and includes any of the following:

1. Less than completely and opaquely covered: (a) human genitals or pubic region; (b) buttock and (c) female breast below a point immediately above the top of the areola; or

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

“Specified sexual activity” means and includes the following:

1. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

3. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or

4. Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or

5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

6. Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or

7. Human excretion, urination, menstruation, vaginal or anal irrigation.

“Taxicab stand” means the portion of a city street designated by the City Engineer pursuant to this title for the use of taxicabs while waiting for employment. (OCC §§ 5-1-2-5-1-21)

Article II. Licenses Required

4-04.020 Licenses required.

It is unlawful for any person, firm or corporation to engage in, conduct, manage or carry on any of the following businesses, practices, professions or occupations within the city without first having obtained a license therefor in accordance with Article IV of this chapter:

A. Animal exhibition;

B. Animal rental establishment;

C. Bingo games;

D. Business solicitor or canvasser;

E. Commercial stable;

F. Grooming parlor;

G. Hog ranch;

H. Kennel;

I. Mobile X-ray unit operator;

J. Outdoor gathering;

K. Pawnbroker, pawnshop, junk dealer, junk collector, secondhand dealer, coin-currency dealer;

L. Peddler;

M. Pet shop;

N. Poolroom;

O. Public bath, massagist or massage parlor;

P. Public dance;

Q. Retail sale of concealable firearms;

R. Security system or security officer;

S. Show;

T. Taxicab stand;

U. Figure model studio and figure models;

V. Dance studio and dance instructors;

W. Rap session establishment and interlocutrices.

X. Escort, escort bureau and introductory services.

(OCC § 5-1-29)

4-04.030 Multiple businesses.

This title shall apply to each and every business, trade, occupation, profession or practice herein enumerated and conducted in the city, whether carried on individually or in conjunction with any other activity. (OCC § 5-1-30)

Article III. Business Regulations

4-04.040 Scope.

The business regulations contained in Chapter 4-08 of this title shall apply to any business, occupation, practice, profession or trade conducted in the city named in said chapter, whether or not a license from the city is required or obtained therefor. (OCC § 5-1-41)

Article IV. Application, Fees and Issuance, Revocation, Appeals

4-04.050 Issuing officer.

All licenses issued pursuant to this title shall be issued by the issuing officer, who, in the case of licenses for commercial hog ranches, shows, mobile X-ray unit operators, animal exhibitions, animal establishments, kennels, grooming parlors, commercial stables and pet shops shall be the County Health Officer, and in all other cases shall be the Chief of Police Services, except that licenses for outdoor gatherings shall be issued by the City Council. (OCC § 5-2-1)

4-04.060 Applications.

The issuing officer shall receive all applications for licenses and shall provide such application forms as are necessary for the convenience of the public and the economic and efficient administration of this title. (OCC § 5-2-2)

4-04.070 Fees.

The City Council shall provide by resolution the amount of each fee to be charged for each application or license or both, provided that no fee shall be charged for an application or license to operate a mobile X-ray unit. Such fee shall be payable in accordance with the resolution and shall not be refundable. (OCC § 5-2-3)

4-04.080 Duration.

Each license shall be in effect for one year from the date on which it was issued, unless otherwise provided by resolution of the City Council. (OCC § 5-2-4)

4-04.090 Reasons for denial.

The issuing officer shall deny the application for a license if he or she finds:

A. That the applicant does not fulfill the specific requirements for such license as set forth in this title;

B. That the applicant has made any false or misleading statement in his or her application;

C. That the applicant is not of good moral character. If the applicant has been convicted of any felony under the laws of this state or has been previously convicted of an offense under the laws of any other state of the United States which offense if committed in this state would have been punishable as a felony, it shall be presumed that he or she is not of good moral character;

D. That the applicant is not a fit person to carry on the licensed business;

E. That the carrying on of the licensed business as described in the application will be detrimental to the public health, public morals or public order.

(OCC § 5-2-5)

4-04.100 Investigation and issuance.

Prior to issuing the license, the issuing officer shall make such investigation as he or she deems necessary to determine whether the applicant meets the requirements and qualifications for such license, and shall thereafter either issue a license to the applicant or shall notify the applicant in writing that his or her application is denied. The issuing officer may consult with and ask for a recommendation from any other city officer or department prior to the issuance of any license under this title, and shall, at the request of any city officer or department, supply such officer or department with a copy of any such license or application therefor. (OCC § 5-2-6)

4-04.110 Form of license.

The license and each duplicate license shall contain the date of issuance, the date of expiration, a designation of the type of license it is, the location or locations of the licensed activity, the signature of the issuing officer, and such other matters as are specified in this title and as the issuing officer deems appropriate. (OCC § 5-2-7)

4-04.120 Inspection.

Every applicant or licensee shall permit the issuing officer access to any premises or vehicles used in the conduct of the licensed business at all reasonable times, and to any records required to be maintained by this title, and the issuing officer shall make such inspections thereof as he or she deems necessary from time to time. (OCC § 5-2-13)

4-04.130 Display of license.

Each licensee shall display his or her license or duplicate license in a prominent location in each licensed place of business; or if there is none in the city, shall carry his or her license on his or her person at all times when conducting the licensed business; or, if a vehicle is licensed, in such vehicle; and each licensee shall display his license to any peace officer requesting to see it. (OCC § 5-2-14)

4-04.140 Multiple licenses—Duplicate licenses.

Any person carrying on or conducting more than one of the businesses for which a license is required under this title shall obtain a license for each such business. Any person carrying on a licensed activity at more than one place of business shall obtain a duplicate license for each place of business. (OCC § 5-2-15)

4-04.150 Revocation.

When the issuing officer has issued any license under the terms of this title the same may be revoked at any time thereafter by the issuing officer if he or she becomes satisfied that the conduct of the licensed business does not or will not comport with the pubic welfare for any reason or that the same has been conducted in an illegal, improper or disorderly manner, or in a manner substantially different from that described in the application, or for any reason for which the license application could have been denied. (OCC § 5-2-16)

4-04.160 Licenses not transferable.

No license issued under the terms of this title shall be transferable, and no such license shall be displayed or used in conjunction with any activity other than the licensed business or by any person other than the licensee or his or her employee, nor at any location other than that indicated on the license and application. (OCC § 5-2-17)

4-04.170 Temporary permits.

The issuing officer may, in his or her discretion, upon the filing of an application for a license pursuant to this title, issue one temporary permit to conduct the business described in the application for a period not to exceed sixty (60) days, if he or she finds that the inability to carry on such business because of the lack of a license would cause hardship to the applicant. (OCC § 5-2-18)

4-04.180 Appeals.

Any person whose application for a license or temporary permit is denied, or whose license is revoked, under the terms of this title, by the issuing officer, may appeal to the City Council. Said appeal shall be made by verified, written declaration to the City Council, received by the City Clerk within thirty (30) days of the action appealed from. The City Council shall hold a hearing on such appeal, and notice of the time, date and place of said hearing shall be mailed to the licensee or applicant at the address given in the license application at least ten days prior to the date of said hearing. For the purpose of said hearing, the City Council may appoint any qualified hearing officer to take evidence offered by the applicant and the issuing officer concerning the denial or revocation and summarize the evidence presented and report his or her findings and recommendations based on such evidence to the City Council or the City Council may itself take such evidence.

The following rules of evidence shall apply:

A. Oral evidence shall be taken only on oath or affirmation.

B. Each party shall have these rights: to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses covered in the direct examination, to impeach any witness regardless of which party first called him or her to testify, and to rebut the evidence against him or her. If respondent does not testify, in his or her own behalf, he or she may be called and examined as if under cross-examination.

C. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded.

The chairperson of the City Council shall, at the request of the issuing officer or the applicant, or their attorneys, issue subpoenas or subpoenas duces tecum to compel the attendance of witnesses at said hearing.

The City Council shall determine, on all the evidence presented to it, or on the summary of evidence and findings of fact and recommendations of the person holding the hearing, whether said license or permit should be issued, or whether such revoked license should be reinstated and shall direct the issuing officer to act accordingly. (OCC § 5-2-19)