Chapter 5.04
UNIFORM LICENSING PROCEDURE
Sections:
5.04.030 Licensing procedure – Application.
5.04.040 License – Not transferable.
5.04.080 Application – Investigation.
5.04.090 Application – Denial.
5.04.100 License suspension or revocation.
5.04.110 Hearings – Issuing Officer.
5.04.120 Stay of suspension or revocation.
5.04.130 Exception to hearing procedure.
5.04.010 License – 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 the uniform licensing procedure:
A. Amusement establishment and devices;
B. Bingo;
C. Carnivals and go-cart centers;
D. Dances and dancehalls;
E. Dances, teenage;
F. Entertainment;
G. Firearms, sale of;
H. Junk, automotive wrecking, nonoperating vehicle storage yards;
I. Massage establishments, except for those exempted by Business and Professions Code Section 4600 et seq.;
J. Massage technicians, except for those exempted by Business and Professions Code Section 4600 et seq.;
K. Secondhand dealers;
L. Shooting ranges;
M. Solicitors:
1. License,
2. Identification card;
N. Street patrols. (Ord. 691 § 1, 2009; Ord. 683 § 2, 2008; Ord. 123 § 2, 1984; Ord. 73 § 1, 1982; CC Ord. 6408 § 1, 1982; Ord. 29 § 1, 1981; CC § 16.101)
5.04.020 Issuing Officer.
All licenses issued shall be issued by the Issuing Officer, who shall be the City Manager or the City Manager’s designee. (Ord. 691 § 2, 2009; Ord. 29 § 1, 1981; CC § 16.102)
5.04.030 Licensing procedure – Application.
Application for a license shall be made to the Issuing Officer on forms provided by the Issuing Officer. Said application shall contain a provision by which the applicant consents to having all required notices, unless otherwise specified, sent by mail to applicant’s address on the application by depositing the same in the United States mail postage prepaid. (Ord. 29 § 1, 1981; CC § 16.103)
5.04.040 License – Not transferable.
Such license shall not be transferable from person to person nor place to place. (Ord. 29 § 1, 1981; CC § 16.104)
5.04.050 License – Fee.
The fee established for any license shall defray the cost of investigation and issuance of the license. In the event said license is for any reason whatsoever denied or in any event not obtained by the applicant, the fee paid shall not be refunded to the applicant. Fees shall be reviewed annually so as not to be excessive. (Ord. 29 § 1, 1981; CC § 16.105)
5.04.060 License – Renewal.
Unless otherwise specified any license issued shall expire a year from the date of issue and may be renewed by filing a renewal application not less than 30 days prior to expiration date. (Ord. 29 § 1, 1981; CC § 16.106)
5.04.070 License – Posting.
All licenses issued for business establishments must be posted in a conspicuous place on the licensed premises. (Ord. 29 § 1, 1981; CC § 16.107)
5.04.080 Application – Investigation.
A. Upon the receipt of an application for a license the Issuing Officer may send copies of such application to any office or department which the
Issuing Officer may deem appropriate in order to carry out a proper investigation of the applicant or his proposed business.
B. Every officer or department to which an application for a license is referred may request from the Issuing Officer that additional information be obtained from the applicant relating to the proposed license as such officer or department deems necessary.
C. The Issuing Officer and every officer or department to which an application is referred shall investigate the truth of the matters set forth in the application, the character of the applicant as it relates to doing business under said license and may examine the premises proposed to be used for said business.
D. Upon receipt of an application the Issuing Officer shall post for a period of 10 days the name and business address of the applicant, the type of license applied for, whether the application is for a new license or for the renewal of an existing license, and the fact that any interested member of the general public can submit information regarding the issuance of the license. Such information shall be delivered to the office of the Issuing Officer within five days of the last day of posting. The names and business addresses of applicants shall be posted in the office of the Issuing Officer. (Ord. 29 § 1, 1981; CC § 16.108)
5.04.090 Application – Denial.
A. The Issuing Officer may deny an application for a license, if he finds the applicant or any agent or representative thereof has:
1. Knowingly made any false, misleading or fraudulent statement of a material fact in the application or in any record or report required to be filed under this chapter; or
2. Violated any of the provisions of this chapter or any provisions of any other ordinance or law relating to or regulating said business or occupation; or
3. Been convicted of a crime, the nature of which indicates the appellant’s unfitness to operate the proposed business. A plea or verdict of guilty, a finding of guilty by a court in a trial without a jury, a plea of nolo contendere, or a forfeiture of bail is deemed a conviction.
B. If after investigation the Issuing Officer determines that the application should be denied he shall prepare a notice of denial of application setting forth the reasons for such denial of application. Such notice shall be either sent by mail to the applicant’s last address provided in the application or be personally delivered. Any person who has had an application for a license denied may request a hearing from the Issuing Officer. Such request must be made in writing and filed with the Issuing Officer within 10 days of personal delivery of the notice of denial. If the notice of denial is mailed, the applicant has an additional five days to request a hearing. The Issuing Officer shall notify the applicant of the time and place of such hearing and the hearing shall be conducted in the manner prescribed in this chapter. The applicant shall also be entitled to the appeal provisions of this chapter following the hearing before the Issuing Officer.
C. If the license is granted the name and business address of the licensee shall be available to any interested member of the general public for the duration of the license. (Ord. 29 § 1, 1981; CC § 16.109)
5.04.100 License suspension or revocation.
A. In the event that any person holding a license issued pursuant to this chapter violates or causes or permits to be violated any of the provisions of this chapter, or any provisions of any other ordinance or law relating to or regulating said business or occupation, or shall conduct or carry on such business or occupation in an unlawful manner, or for any reason for which the license application could have been denied, the Issuing Officer may, in addition to other penalties provided by ordinance, suspend or revoke the license after the licensee has been given the opportunity for a hearing as provided for in this chapter.
B. The Issuing Officer shall post for a period of 10 days the name and business address of any person receiving a notice of suspension or revocation along with the fact that any interested member of the general public can submit information regarding the proposed suspension or revocation. Such information shall be submitted in writing and shall be delivered to the office of the Issuing Officer within five days of the last day of posting. The names and business addresses shall be posted in the office of the Issuing Officer. (Ord. 29 § 1, 1981; CC § 16.110)
5.04.110 Hearings – Issuing Officer.
A. In any case where the Issuing Officer determines that a license issued pursuant to this chapter should be suspended or revoked, the Issuing Officer shall prepare a written notice or suspension or revocation, which includes a statement of the proposed action, a concise explanation of the reasons for the proposed action, the statutory basis relied upon for such proposed action, and an explanation of the licensee’s right to request a hearing from the Issuing Officer. Such notice shall be sent by certified mail to the licensee’s last address provided in the application or be personally delivered, at least 10 days prior to the effective date of such action. If within five days after receipt of such mailing or delivery the licensee or an authorized representative requests in writing a hearing from the Issuing Officer, the Issuing Officer shall immediately set a hearing and shall set forth in writing and send to the licensee by means of the mail or hand delivery, notice of the time, date and place of such hearing. The hearing shall be held not more than 30 days from the date of receipt of said request for hearing. The hearing shall be conducted by a hearing officer designated by the Issuing Officer. The person designated as hearing officer shall not have been connected in any manner in the decision to take the proposed action which is the subject of such hearing. No hearings shall be continued except upon a showing of good cause.
B. The hearing shall be conducted to determine the existence of any facts which constitute grounds for the suspension or revocation of the license. The licensee may have the assistance of counsel or may appear by counsel and shall have the right to present evidence. In the event that the licensee, or counsel representing the licensee fails to appear at the hearing, the evidence of the existence of facts which constitute grounds for the suspension or revocation of the license shall be considered unrebutted. The decision of the hearing officer shall be based solely on the evidence presented at the hearing. Upon conclusion of the hearing, the hearing officer will give a verbal decision; provided, however, that in the discretion of the hearing officer, the decision may be delayed and given in writing within two days. In any case where a verbal decision is given at the close of the hearing, the hearing officer shall confirm that decision in writing within two days. The written decision shall set forth the findings of fact and the reasons for the decision and a copy mailed to the licensee or an authorized representative. The decision of the hearing officer shall be posted in the office of the Issuing Officer for a period of five days along with the available procedures for appeal. A hearing held under this section or the failure of the licensee to request such a hearing or to appear at the scheduled time for such hearing in no way deprives the licensee of the right to appeal as provided for in this chapter. (Ord. 29 § 1, 1981; CC § 16.111)
5.04.120 Stay of suspension or revocation.
The effect of a decision of the hearing officer to suspend or revoke a license shall be stayed while an appeal to the City Council is pending or until the time for filing such appeal has expired. There shall be no stay of the effect of the decision of the hearing officer upholding the denial of any license. (Ord. 29 § 1, 1981; CC § 16.112)
5.04.130 Exception to hearing procedure.
A. When, in the opinion of the Issuing Officer, there is an immediate threat to the public health, welfare or safety, the officer may suspend a license without a hearing. The Issuing Officer shall prepare a written notice of suspension, which includes a statement of the action, a concise explanation of the reasons for the action, the statutory basis relied upon for such action, and an explanation of the licensee’s right to request a hearing from the Issuing Officer. Such notice shall be either sent by certified mail to the licensee’s last address provided in the application or be personally delivered. The licensee may request a hearing from the Issuing Officer within five days of receipt of notification that the license has been suspended. The Issuing Officer shall notify the licensee of the time and place of such hearing and the hearing shall be conducted in the manner prescribed in this chapter.
B. The hearing shall be held not more than 30 days from the date of receipt of said request for hearing. Following the hearing the person affected may appeal the decision in the manner prescribed in this chapter. The decision shall not be stayed during pendency of such hearing or appeal. (Ord. 29 § 1, 1981; CC § 16.113)