Alameda Municipal Code § 5-16 Permit Requirements and Procedures

Whenever, by the provisions of this Code or any ordinance of the City, a permit from the City is a prerequisite to the operation or maintenance of any business establishment or place, or to the furtherance of any undertaking or the doing of anything, unless otherwise specifically provided, such permit shall be procured in the manner and be subject to the provisions, hereinafter in this section set forth.

(Ord. No. 629 N.S.)

Application for any permit referred to in subsection 5-16.1 of this section shall be filed with the City Clerk, or in the case of public motor vehicle owner permit applications, the Chief of Police, in triplicate, the original of which shall be duly acknowledged before a person lawfully authorized to administer oaths, and upon forms to be furnished by the City Clerk or Chief of Police, and shall set forth the following information.

a. A full identification of the applicant and all persons to be directly or indirectly interested in the permit if granted;

b. The residence and business address and citizenship of the applicant, including all members of any firm or partnership, or all officers and directors of any corporation applying;

c. The location of the proposed business, establishment, place, thing, etc., for which the permit is requested, and the name of the owner and present use of such premises;

d. The exact nature of the proposed business, establishment, place, thing, etc., for which the permit is requested, and the name under which it is to be operated;

e. The past experience of the applicant in the matter to which the requested permit appertains; and the name, address and past experience in such business or matter of the person to be in charge of the premise or business;

f. Whether or not any of the persons mentioned in paragraphs a. and b. have ever had any permit revoked, and if so, the circumstances of such revocation;

g. Such further information as the City Manager or in the case of public motor vehicle owner applications, the Chief of Police, or such official of the City to whom the application may be referred, may require.

(Ord. No. 629 N.S.; Ord. No. 2182 N.S.)

Immediately on the filing of any application for a permit, as provided in subsections 5-16.1 and 5-16.2 of this section, excluding applications for a public motor vehicle owner permit the City Clerk shall place the acknowledged copy in the permanent records of the Clerk's office and transmit the other two (2) copies to the City Manager. In the case of public motor vehicle owner permit applications, all three (3) forms, the original and two (2) copies shall be obtained and subsequently filed with the Chief of Police, who shall publish notice thereof. The City Manager, or the Chief of Police, in the case of public motor vehicle permit applications, shall then refer the applications to such official of the City, or within the Police Department, the administrative function of whom are those primarily concerned with the granting or denying of such permit which latter official, hereinafter in this section referred to as the Investigating Official, shall make such investigations of the applicant and of the facts set forth in such application as he shall deem advisable, and shall make a written report of such investigation, together with his recommendations relative to the disposal of the application, to the City Manager or the Chief of Police. The City Manager shall proceed to act upon those applications submitted to his office after a hearing set by him for a day certain, not less than five (5) nor more than thirty (30) days from the date of the filing of the application. At such hearing all persons interested shall be entitled to file objections, protests, or recommendations in the premises. Such hearing may, by the City Manager, be continued over as circumstances may require; provided, however, that if it be specifically so provided in this code or any ordinance of the City, the Investigating Official may grant the permit applied for without referring the same to the City Manager, and with or without a hearing thereon, as may be provided.

In the case of public motor vehicle permits, the Chief of Police may convene a hearing before issuance of the permit. If a hearing is to be convened, it will be governed by the same hearing procedures previously set forth for those permits issued by the City Manager.

(Ord. No. 629 N.S.; Ord. No. 2182 N.S.)

a. The City Manager, or in the case of public motor vehicle owner applications, the Chief of Police, shall in every case of application for a permit, if a hearing is to be held thereon, cause written notice to be given to the applicant of the time and place of such hearing at least three (3) days before the date thereof.

b. In the event that a public notice of the hearing on any application for a permit may be required, the City Clerk shall, at least three (3) days before such hearing, cause a notice to be published once in the official newspaper of the City and cause a copy thereof to be posted on the premises to be primarily affected by the granting of such permit. Such notice shall set forth the fact that such application has been filed, the name of the applicant, the nature of the thing to be permitted and the time and place of hearing upon such application.

c. Whenever a public notice shall be required, the applicant, upon filing his application, shall pay to the City Clerk the sum of five ($5.00) dollars provided, however, an applicant for an owner's permit to operate a public motor vehicle shall pay the sum of forty ($40.00) dollars if a hearing is scheduled by the Chief of Police and before such hearing is held. An applicant for a private patrol system permit shall pay one hundred ($100.00) dollars. Such payment shall not be in lieu of any license or other fee, or tax, otherwise imposed by law.

(Ord. No. 629 N.S.; Ord. No. 2182 N.S.)

a. The City Manager, or in the case of public motor vehicle owner permit applications, the Chief of Police, or the Investigating Official acting thereon, shall deny the granting of any permit applied for if it shall appear to his satisfaction that the applicant has not complied with the provisions of this code, or other law, which directly appertain to the maintenance or conduct of the business, establishment, place or other thing in question, or has violated any law appertaining thereto, or for any other reason in this code more specifically set forth.

b. In granting or denying such permit, and in specifying the conditions, if any, upon which it is granted, the City Manager or in the case of the public motor vehicle owner permits the Chief of Police, or other official acting thereon, shall consider all pertinent facts which may concern the health, safety and general welfare of the public, and shall exercise a reasonable and sound discretion in the premises. The City Manager, the Chief of Police, or other official acting thereon, in acting upon an application for a permit, shall notify the Investigating Official to whom such application was referred, of such action.

(Ord. No. 629 N.S.; Ord. No. 2182 N.S.)

No permit in this Code required shall be transferable nor apply to any premises other than those originally specified as the location of the thing permitted, except upon written permission of the City Manager, or other official originally granting such permit, granted upon written application by the transferor, and application by the transferee made in the same manner as may be required in the instance of the original application for such permit.

(Ord. No. 629 N.S.)

Any permit granted pursuant to the provisions of this section, may be, by the City Manager, or by such other official who granted such permit, revoked or suspended, for any reason for which granting of such permit might be lawfully denied, or for any other reason in this Code, or other ordinance specifically provided. Such revocation or suspension shall be made only upon a hearing granted to the holder of the permit so revoked or suspended, held before the City Manager, or Police Chief in the case of public motor vehicle owner permits, after five (5) days notice to such permit holder, stating the grounds of complaint against him and stating the time and place where such hearing will be held. In the event of such revocation or suspension, any certificate issued in connection with the granting of such permit shall, be the holder thereof, be surrendered to the City Manager or Chief of Police when applicable.

Such revocation or suspension of any permit shall be in addition to any other penalties more specifically provided in this Code.

Such revocation or suspension shall be final and not stayed by appeals prosecuted pursuant to subsection 5-16.8.

(Ord. No. 629 N.S.; Ord. No. 2182 N.S.)

Any person affected by any denial, suspension, or revocation of a permit applied for or held by him pursuant to the provisions of this Code, or to any action taken by any official of the City concerning such permit, may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal, setting forth the specific grounds thereof. Such notice must be filed within fourteen (14) days after notice of such action appealed from. The City Clerk shall set the matter for hearing not less than five (5) days prior to such hearing. At such hearing the applicant shall show cause, on the grounds specified in the notice of appeal, why the action excepted to should not be approved. Such hearing may, by the Council, be continued over, and its findings on the appeal shall be final and conclusive in the matter.

(Ord. No. 629 N.S.; Ord. No. 1887 N.S.)

Any officer of the City charged with the enforcement or administration of any of the provisions of this Code or other City ordinance, shall be permitted to enter and inspect at any reasonable time, without charge or other restraint, any premises to which any permit granted under the provisions of this Code or any such ordinance may pertain, or which are directly affected by such permit, for the purpose of ascertaining whether or not any of the provisions of this Code and of the laws applicable thereto are being violated.

(Ord. No. 629 N.S.)

Any permit required under the provisions of this Code shall be exhibited in a conspicuous place in that part, to which the public has access, of the premises to which such permit appertains.

(Ord. No. 629 N.S.)

Any permit granted pursuant to the provisions of this Code or other City ordinance, but under which the thing therein permitted has not been done, carried on or maintained within a period of six (6) months from the time of issuance of such permit, shall expire by limitation and cease to be valid for any purpose. Provided, however, that the City Manager or Chief of Police when applicable, may upon written application made prior to the expiration of such period, extend such period for not to exceed three (3) months.

(Ord. No. 629 N.S.; Ord. No. 2182 N.S.)

Upon filing of any application for a permit as in this section provided for, the City Clerk shall examine the same for the purpose of ascertaining whether the business, establishment or place for which such permit is desired is proposed to be located within a zone in which the same is permitted pursuant to the provisions of this Code and the ordinances and laws of the City. If such location is not within such approved zone, the City Clerk shall refuse to accept such application.

(Ord. No. 629 N.S.)

Any official of the City taking any action upon any application for a permit, or upon any existing permit to operate or maintain any business, establishment, or place within the City where application is originally required to be filed with the City Clerk or Chief of Police, shall notify the City Clerk or Chief of Police, in writing, of such action. The City Clerk or Chief of Police shall place such communication on file with the applications and permits to which they appertain.

(Ord. No. 629 N.S.; Ord. No. 2182 N.S.)