Article 1 — General Provisions

• (a) In addition to procuring a license, as set forth in Article 1 of this chapter, and paying the applicable tax as set forth in Article 6 of Chapter 1, certain businesses, professions, trades, and occupations set forth in this chapter shall first obtain a permit to operate such businesses, professions, trades, and occupations within the City. No person shall operate a business, profession, trade, or occupation as set forth in this chapter without first obtaining a permit to do so. The City Manager or designee shall not issue a business license or accept a license tax from any person to conduct a business, profession, trade, or occupation as set forth in this chapter unless such person has a valid and unexpired permit to engage in such business, profession, trade, or occupation in accordance with this chapter.

• (b) The procedures set forth in this article do not apply to tobacco retail permits as described in Article 5 of this chapter. The issuance, suspension, revocation, and other procedures relating to tobacco retail permits shall be governed solely by Article 5 of this chapter.

• (c) Except as specified in Article 6 of this chapter, the procedures set forth in this article do not apply to entertainment permits as described in Article 6 of this chapter. The issuance, suspension, revocation, and other procedures relating to entertainment permits shall be governed solely by Article 6 of this chapter.

• (Ord. 150, § 1; Ord. 543, § 2; Ord. 702 § 1; Ord. 08-739, § 2; Ord. 10-759, § 5)

The Council shall formulate all the necessary rules and regulations governing the applications for the permits required by the provisions of this article, the investigations of such application, and the hearings before the Council on such applications.

(Ord. 150, § 2a; Ord. 543, § 2)

• (a) Upon receipt of a completed application for a permit required by the provisions of this article, the application shall be referred by the City Manager or designee to the appropriate agencies for investigations and reports pertaining to relevant zoning, building, health, safety, fire, law enforcement and other factors.

• (b) The City Manager or designee and/or the Los Angeles County Sheriff's Department shall conduct an investigation as to whether cause for denial, suspension or revocation exists pursuant to Sections 3-2.106 and 3-2.107 of this article. Among other things, the Los Angeles County Sheriff's Department shall be required to check local and State summary criminal history information, including CLETS/NCIC, and to certify whether disqualifying criminal history has been discovered.

Accordingly, pursuant to Penal Code Sections 11105 and 13300, the City Council specifically authorizes the Los Angeles County Sheriff's Department to obtain such information as it relates to disqualifying convictions or conduct related to the crimes and offenses described in this chapter.

(Ord. 150, § 2b; Ord. 543, § 2; Ord. 702, § 2)

Except as otherwise provided in this article, the fee for filing an application for a permit required by the provisions of this article shall be set forth in a resolution adopted by the City Council. If no such fee is specified in a City Council resolution, the application fee shall be $200 payable in advance. The application fee shall be nonrefundable. The license tax set forth in Article 6 of Chapter 1 of this title and such application fee shall accompany the application. (Ord. 150, § 5; Ord. 402, § 1; Ord. 543, § 2; Ord. 10-759, § 6)

Upon the receipt of the reports required by the provisions of Section 3-2.103 of this article, the matter shall be set for a hearing before the Council upon prior written notice to the applicant of not less than five days, unless such notice shall be waived by the applicant. (Ord. 150, § 2b; Ord. 543, § 2)

• (a) Hearings: Required. The Council, after a hearing, shall have the power to grant or deny the permit required by the provisions of this article. Except as otherwise provided in this article, all special permits required by this article shall be issued only pursuant to a hearing before the Council wherein any pertinent evidence shall be received and considered by the Council in determining, in accordance with the principles set forth in this section, whether such permit shall be granted or denied.

• (b) Hearings: Procedure. At the time of such hearing the Council shall consider and hear all the reports required by the provisions of Section 3-2.103 of this article and any relevant and material evidence. In any such hearing the applicant shall be given an opportunity to appear, either personally or by counsel, and to be heard and to call witnesses on his or her behalf. The hearing may be continued from time to time as determined necessary by the Council or upon the request of the applicant upon cause being shown therefor.

• (c) Denial: Standards. The Council shall have the right to refuse to grant any permit required by the provisions of this article if the Council determines that the granting of such permit or the conduct of the business will be contrary to the preservation of the public peace, health, safety, morals, or welfare of the City or its inhabitants. In addition, no permit shall be granted if:

  • (1) The granting of the permit would result in the establishment of a use or occupancy of land in violation of the zoning laws or zoning map of the City;

  • (2) The granting of the permit would result in an occupancy or use in violation of any other provision or regulation of this Code;

  • (3) The granting of the permit would be contrary to any other standards or provisions of this chapter applicable thereto;

  • (4) The granting of the permit, or occupancy or use pursuant thereto, would result in the creation or maintenance of a public nuisance;

  • (5) The granting of the permit by reason of special or unusual circumstances would be detrimental to the public interest or endanger the public health, safety, morals, or welfare;

  • (6) The applicant therefor is a person unfit to be trusted with the privileges granted by such permit, and it is in the public interests that he or she not be granted such permit; or

  • (7) The applicant therefor has knowingly made a false statement on a material matter in his or her application or in or her testimony before the Council and it is, therefore, in the public interests that he or she not be granted such permit.

• (d) Denial: Refund of License Fees. If such permit shall be denied, the license tax paid shall be refunded, but the permit fee shall not be refundable.

• (e) Granting: Conditions. In granting any such permit, the Council, in the application of the standards and principals set forth in this section and in order to protect the public peace, health, safety, morals, and welfare, may impose reasonable conditions or regulations pertaining to the conduct of such business or the occupancy or use of any land or building in connection therewith in addition to, but not limited thereby, those regulations set forth in this article where necessary in order to protect the public health, safety, morals, and welfare.

• (Ord. 150, § 2b; Ord. 543, § 2)

Any license or permit issued pursuant to the provisions of this chapter may be suspended or revoked for the following reasons:

• (a) Where the Council has found and determined that the preservation of the public health, safety, and peace demand the revocation of such license or permit;

• (b) Where the licensee or permittee has violated any provision of this chapter, or any other provision of this Code, or any other provision of law;

• (c) Where a permit or license has been granted on false or fraudulent evidence, testimony, or application; or

• (d) Where the licensee or permittee has violated the terms and provisions of such license or permit.

• (Ord. 150, § 3; Ord. 543, § 2)

No license or permit issued pursuant to the provisions of this chapter shall be suspended or revoked until the permittee has had a public hearing before the Council and has had an opportunity, either personally or by counsel or by both, to defend him or herself and present evidence on his or her behalf. Such public hearing shall be preceded by reasonable notice as provided in the rules and regulations of the Council.

(Ord. 150, § 4; Ord. 543, § 2)

The City Manager or his or her designee may suspend, pending the hearing required by Section 3-2.108 of this article, any permit issued pursuant to the provisions of this section where it has been determined, upon the recommendation of a law enforcement agency, that an immediate suspension of the permit is necessary for the protection of the public health, safety, and welfare.

In the event of such a suspension, the City Manager or his or her designee, within 12 hours after such suspension, shall cause to be served upon such permittee a written statement containing the grounds for such suspension and a notice of hearing to show cause before the Council why such permit should not be permanently revoked. Such hearing shall be held not later than five days following the service of such notice.

(Ord. 150, § 4; Ord. 543, § 2; Ord. 702, § 1)

No permit issued pursuant to the provisions of this article shall be transferable, except by the consent of the Council.

(Ord. 150, § 6; Ord. 543, § 2)

Article 2

Regulations Pertaining to Specific Businesses

• (a) As used in this section:

"Acupressure" shall mean the stimulation or sedation of specific meridian points and trigger points near the surface of the body by the use of pressure applied by the acupressurist in order to prevent or modify the perception of pain or to normalize physiological functions, including pain control, in the treatment of certain diseases or dysfunctions of the body.

"Acupressurist" shall mean a person who administers acupressure.

"Acupressure establishment" shall mean a place wherein acupressure is administered.

"Employee" shall mean any person, other than an acupressurist, who renders any service to an acupressure establishment, and who receives compensation directly from the acupressure establishment permittee or his or her agent.

"Recognized school of acupressure" shall mean:

• (i) Any school or other institution of learning which has been approved by the California Department of Education under Section 94311 of the California Education Code and whose acupressure curriculum satisfies the minimum requirements set forth in Section 18818, Title 5, Division 21 of the California Administrative Code; and

• (ii) Any school or other institution of learning outside the State of California whose acupressure curriculum would satisfy the minimum requirements set forth in Section 18818, Title 5, Division 21 of the California Administrative Code.

(b) Acupressure Establishment.

• (1) Permit Required; Minimum Qualifications.

  • (A) Every person owning, conducting or managing an acupressure establishment shall first procure a permit and for each of such places pay an annual license fee in the amount set forth in Subsection (a) of Section 3-1.610.

  • (B) Any person who engages in, conducts, or carries on, or so permits, the operation of an acupressure establishment without first obtaining a valid acupressure establishment permit issued pursuant to the provisions hereinafter set forth shall be guilty of a misdemeanor.

  • (C) No person shall qualify for an acupressure establishment permit who is not at least 18 years of age.

• (2) Permit Application for Acupressure Establishment.

  • (A) Each applicant for an acupressure establishment permit shall apply under penalty of perjury to the City Manager or his or her designee. The application for such a permit shall be accompanied by a nonrefundable fee of $500 to

1. Editor's Note: Section 4 of Ord. 449, not codified herein, provides for the effective date for compliance with this section.

defray, in part, the cost of investigation. This fee shall be in addition to any other fee required under any other section or subsection of this Code.

• (B) Submission of an application for a permit does not authorize the applicant to operate an acupressure establishment.

• (C) Every applicant for a permit shall additionally supply the following information in writing to the Police Department:

  • (i) The date of the application;

• (ii) The applicant's full true name, any other names used, date of birth, sex, height, weight, color of hair, color of eyes, California Drivers Permit Number or California Identification Number, Social Security Number, present residence address, and present residence telephone number. Additionally, the applicant shall submit two photographs of the applicant to be taken by the Police Department and, if required by the City Clerk, the applicant must furnish its fingerprints;

  • (iii) The applicant's residences, and the dates thereof, for the five years preceding the date of the application;

  • (iv) The applicant's business, occupation, and employment history, and the dates thereof, for the five years preceding the date of application;

  • (v) The applicant's entire permit and permit history, and the dates and types thereof, including any permit or permit issued by any agency, board, city, county, territory, or state. Such history shall include the address, city and state, and the approximate dates, if any, where and when the applicant practiced a similar business, either alone or in conjunction with others. The applicant shall indicate whether any such permit or permit was revoked or suspended and, if so, the reasons for such revocation or suspension;

  • (vi) The applicant's entire record of criminal convictions (except non-felony traffic offenses) and ordinance violations, and the dates and places thereof;

  • (vii) A complete description of all services to be provided at the acupressure establishment and of any other business to be operated on the same or, when owned or controlled by the applicant, adjoining premises;

(viii) Acceptable written proof that the applicant is at least 18 years of age;

• (ix) The name, address, and date of birth of each acupressure therapist and each employee who is or will be employed in the acupressure establishment;

• (x) The name and address of any acupressure establishment or other like establishment, including, but not limited to massage establishments, owned or operated by any person whose name is required to be given pursuant to this section;

• (xi) If the applicant is a corporation, its name exactly as shown in its Articles of Incorporation or Charter, its state and date of incorporation, and the names and residence addresses of each of its current officers, directors, and any stockholders holding more than 5% of the corporation's stock;

• (xii) If the applicant is a partnership, the name and residence addresses of each of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the County Clerk. If one or more of the partners is a corporation, the provisions of paragraph (xiii) pertaining to corporate applicants shall apply;

• (xiii) If the applicant is either a corporation or partnership it shall designate on the application one of its officers or general partners as its responsible managing officer. Such person shall complete and sign all application forms required of an individual applicant under this section. Only one application fee shall be required.

The corporation's or partnership's responsible managing officer must at all times meet all of the requirements set for permittees by this section. If a violation of this duty should occur, the permit issued to this corporation or partnership permit shall be suspended until a responsible managing officer who meets such requirements is designated. If no acceptable person should be found within 90 days of a violation, permit issued to the corporation or partnership permit shall be deemed canceled and a new initial application for a permit must be filed.

• (D) The applicant or, if the applicant is a partnership or corporation, its designated responsible managing officer shall personally appear at the City Manager's office to submit the application containing the required information as described in this section and to pay the required application fee.

• (E) The applicant shall notify and cause the Los Angeles County Health Department to inspect the premises sought to be licensed to ensure compliance with all applicable health laws. If the Department determines that the premises are in full compliance, the applicant shall submit a copy of the Department of Health's report to the City Manager or his or her designee. If the City Manager or his or her designee does not receive such a report within 60 days of the date of filing, the application shall be deemed void and a new application, including the payment of all associated fees, shall be required for a permit. All fees charged by the Los Angeles County Health Department shall be incurred by the applicant separately of any other fees or charges set forth in this section.

• (F) The applicant shall submit any change of address which may occur during the procedure of applying for an acupressure establishment permit.

• (3) Hearing on Application for a Permit. The City Council shall hold a public hearing pursuant to Section 3-2.106 on every application for a permit required by Subsection (b) of this section, and shall give notice of such hearing as required by Section 3-2.105 of this article.

• (4) Acupressure Establishment: Permit Nonassignable. Subject to the exception below for partnerships, no acupressure establishment permit may be sold, transferred, or assigned by the permittee, or by operation of law, to any other person or persons; any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to be a voluntary surrender of the permit and it shall thereafter be deemed terminated and void. If the permittee is a corporation, its acupressure establishment permit shall be deemed terminated and void under this section when either any outstanding stock of the corporation is sold, transferred or assigned after the issuance of a permit, or any stock authorized but not issued at the time of the granting of a permit, is thereafter issued and sold, transferred, or assigned.

Notwithstanding the foregoing, if one or more partners of a partnership which is a permittee dies during the life of the permit, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting the surrender or termination of such permit; in such case, the permit shall thereafter be deemed to be the surviving partner(s).

• (5) Acupressure Establishment: Operating Requirements. No person shall engage in, conduct, or carry on, or so permit, any acupressure establishment unless each and all of the following requirements are met:

  • (A) Each person employed or acting as an acupressurist shall have a valid acupressurist permit, as provided in Subsection (c) of this section, issued by the City Manager or his or her designee. It is unlawful for any owner, manager, operator, responsible managing employee, or permittee in charge of or in control of an acupressure establishment to employ or permit a person to act as an acupressurist who is not in possession of a valid, unrevoked acupressurist permit issued pursuant to this section.

The possession of a valid acupressure establishment permit does not authorize the possessor to perform work for which an acupressurist permit is required.

• (B) Acupressure treatments may be carried on or conducted and the premises may be open only between the hours of 7:00 a.m. and 10:00 p.m.

• (C) A list of available services and the cost of such services shall be posted in an open public place within the premises and shall be described in readily understandable language. No owner, manager, operator, responsible managing employee, or permittee shall permit, and no acupressurist shall offer or perform, any service other than those posted.

• (D) The acupressure establishment permit and a copy of the permit of each and every acupressurist employed in the establishment shall be displayed in an open and conspicuous place on the premises.

• (E) Every acupressure establishment shall keep a written record of the date and hour of each treatment, the name and address of each customer, the name of the acupressurist administering the treatment, and the type of treatment authorized and administered. The records shall be maintained for a period of two years.

Only those officials who are charged with enforcement of this chapter shall inspect these records and they shall not use any information contained therein for any purpose other than enforcement of this chapter.

No acupressure establishment permittee or acupressure establishment employee shall utilize the records in any manner or for any purpose which is unrelated to enforcement of this chapter.

• (F) All employees, including acupressurists, shall at all times while on the premises of the acupressure establishment be clean and shall wear clean, non-transparent outer garments covering the body from knee to neck; the use of such garment shall be restricted to the acupressure establishment. Separate dressing rooms for each sex, equipped with individual lockers for each employee, shall be available on the premises.

• (G) No persons shall enter, be, or remain in any part of an acupressure establishment while in the possession of, consuming, or using alcoholic beverages or drugs, except pursuant to a prescription for such drugs. The owner, operator, responsible managing employee, manager, or permittee shall not permit any person in violation of this section to enter or remain upon the premises.

• (H) No acupressure establishment permittee may place, publish, or distribute, or so direct or permit, any advertising matter which either depicts any portion of the human body or includes matter in its text which could be reasonably construed as suggesting to prospective customers or clients that any service is available other than those acupressure treatments and any other services which the acupressure establishment permittee is legally authorized to provide on the premises.

• (I) No acupressure treatment shall be given in an acupressure establishment within any cubicle, room, booth, or other area which is fitted with a door capable of being locked.

• (J) All exterior and interior doors shall remain unlocked during business hours.

• (K) No acupressure treatments may be administered unless the patron wears clothing which fully covers the patron's genitals and, if the patron is female, breasts. No acupressure treatments or massage may be administered to the patron's genital area and, if the patron is female, no acupressure treatments or massages may be administered to the breasts.

• (L) No acupressure establishment may be open for business unless there is on the premises at all times at least one acupressurist holding a current, unrevoked permit.

• (M) No persons other than the person receiving acupressure treatment and the administering acupressurist may be within a room in an acupressure establishment wherein acupressure treatment is being administered.

• (N) At least one artificial light with an intensity of not less than a 60 watt bulb shall be hung from ceiling directly above any work table or booth where acupressure services are being performed on a patron.

• (O) Separate closed cabinets shall be provided for the storage of clean and soiled linen, and shall be plainly marked "Clean Linen" and "Soiled Linen."

• (P) All walls, ceilings, floors, sinks, and all other physical facilities shall be kept in clean and sanitary condition and in good repair.

  • (Q) A minimum of one separate wash basin shall be provided for each acupressurist who works at the establishment at any one time. Such a basin shall provide soap or detergent and hot and cold running water at all times, and shall be located as close as practicable to the area devoted to the administration of acupressure. In addition, sanitary towels shall be provided at each wash basin in permanently installed dispensers.

  • (R) A clean sheet or other effective sanitary covering shall be placed over any table, floor or other area upon which a client will lie in the course of receiving an acupressure treatment. The sheet or other covering shall be deposited in the "Soiled Linen" cabinet at the conclusion of any acupressure treatment. Acupressurists shall thoroughly wash their hands and arms with hot water and soap before and after each acupressure treatment.

  • (S) No acupressure treatment shall be performed or applied to any patron nor by any acupressurist when the applicant manager, supervisory employee, or acupressurist has any reasonable basis to believe the patron or acupressurist might be infected with a virus, bacteria, or other infectious agent which could be transmitted by the process of an acupressure treatment.

  • (T) The holder of an acupressure establishment permit shall notify the City Manager or his or her designee, in writing, of any change in information concerning the original application within 30 days of such change.

  • (U) The holder of an acupressure establishment permit shall notify the City Manager or his or her designee, in writing, of the name and address of each person employed as an acupressurist within five business days of that person being employed.

• (6) Acupressure Establishment: Inspection. The City Manager or his designee and a representative of the Los Angeles County Health Department shall have the right to periodically enter and inspect any acupressure establishment for the purpose of enforcing compliance with all applicable regulations and laws. No permittee under this section shall interfere with such an inspection by signaling verbally or by mechanical or electronic device to employees of the establishment that an inspection is to occur.

• (7) Acupressure Establishment: Change of Location or Name.

  • (A) No holder of an acupressure establishment permit may relocate an acupressure establishment currently within the City to another location within the City without first securing separate written statements signed by the City Manager or his or her designee and by the Director of Planning which state that the proposed location and facilities comply with the provisions of this section.

  • (B) No holder of an acupressure establishment permit may operate under any name not specified in the original permit without first securing from the City Manager or his or her designee a permit which has been amended to record the change.

• (8) Acupressure Establishment: Renewal of Permits. A permittee shall pay an annual permit fee of $100 to the City Manager or his or her designee to defray, in part, the cost of investigation required by this section.

• (c) Acupressurist.

  • (1) Acupressurist: Permit Required, Minimum Qualifications.

    • (A) Every person who engages in, conducts, or carries on the business of an acupressurist shall first procure a permit and pay an annual license fee in the amount set forth in Subsection (b) of Section 3-1.305.

    • (B) Any person who engages in, conducts, or carries on, the operation of an acupressurist without first obtaining a valid acupressurist permit issued pursuant to the provisions hereinafter set forth shall be guilty of a misdemeanor.

    • (C) No person shall qualify for an acupressurist permit who is not at least 18 years of age.

  • (2) Acupressurist: Permit Application.

    • (A) Each applicant for an acupressurist permit shall apply under penalty of perjury to the City Manager or his or her designee. The application for such a permit shall be accompanied by a nonrefundable application fee of $100 to defray, in part, the cost of investigation. This application fee shall be in addition to any fee required under any other section or subsection of this Code.

    • (B) The application for a permit does not authorize the applicant to engage in the business of an acupressurist until such permit has been granted.

    • (C) Every applicant for a permit shall additionally supply the following information in writing to the Police Department:

      • (i) The date of the application;

      • (ii) Each and every fact set forth in paragraphs (ii) through (vi) and (viii) of subpart (C) of part (2) of Subsection (b) of Section 3-2.201. If certain required information is not applicable, the applicant shall so indicate;

      • (iii) Whether the applicant currently possesses or has applied for an acupressurist permit;

      • (iv) The full name, address and telephone number of the acupressure establishment at which the applicant will be employed. If, subsequent to the original application, the applicant seeks employment at an acupressure establishment other than that indicated thereon, the applicant shall submit another application stating the change. In such event, the applicant shall pay an additional application fee;

      • (v) Such other information as the City Manager or his or her designee may require in order to discover the truth of the matters herein required.

  • (3) Acupressurist: Prohibited Conduct.

    • (A) Acupressurists shall at all times on the premises of the acupressure establishment be clean and wear non-transparent outer garments covering the body from knee to neck.

• (B) No acupressurist may perform any acupressure treatments services in any location other than at an acupressure establishment holding a valid acupressure permit.

  • (C) No acupressurist may administer acupressure treatments at any location other than that location specified on the acupressurist's permit.

  • (D) No acupressurist shall administer acupressure treatments unless the patron wears clothing which fully covers the patron's genitals and, if the patron is female, breasts. No acupressure treatments or massage may be administered to the patron's genital area, and if the patron is female, no acupressure treatment or massage may be administered to the breasts.

  • (4) Acupressurist: Renewal of Permits. A permittee shall pay an annual permit renewal fee of $25 to the City Manager or his or her designee to defray, in part, the cost of investigation required by this section.

• (d) Permit Revocation.

  • (1) In addition to the authority for revocation and suspension of permits provided in Article 2 of this Chapter 1, the City Manager or his or her designee shall revoke an acupressure establishment or acupressurist permit upon receiving satisfactory evidence that either:

    • (A) The permittee has been convicted of or entered a plea of guilty or nolo contendere to any violation of Sections 647a or 647b of the California Penal Code, or any lesser included offense thereof; or

    • (B) The permittee has violated, or has permitted an employee, representative or agent to violate, any provision of this chapter on two separate occasions within a 12 month period.

  • (2) The procedure for such revocation shall be as prescribed by Article 1 of this Chapter 2. The action of the City Manager or designee is appealable by the permittee to the City Council.

  • (3) Whenever a permit has been revoked under the terms of this section, the former permittee, whether a person, partnership, corporation, shall not be granted a new permit for a period of one year from date of revocation.

• (Ord. 449, § 2; Ord. 543, § 2; Ord. 702, § 1)

Any person operating, driving, or parking, or causing to be operated, driven, or parked, upon any street, alley, parkway, sidewalk, or public property within the City any advertising vehicle, sound

2. Editor's Note: Former Section 3-2.202, Permits for Massage Parlors, previously codified herein and containing portions of Ord. Nos. 474 and 543, was repealed in its entirety by Ord. No. 680. See in this title, Article 4, Massage Establishments and Technicians, for regulations pertaining to massage parlors.

3. Editor's Note: Previously codified as part of Section 3-1.212. Prior ordinance history includes Ord. Nos. 150, § 7; 343, § 2; 348, § 2; 375, § 1 and 402, §§ 1, 2.

truck, or commercial vehicle with sound-amplifying equipment in operation or with any sound or signaling device in operation for the purpose of attracting or calling attention to such vehicle and where such vehicle is used for commercial purposes as determined by the City Manager or designee shall be required to obtain a permit in accordance with the provisions of this article. Such permit shall specify the dates, times, and places of operation of such vehicle. (Ord. 449, § 1; Ord. 543, § 2; Ord. 702, § 1)

A permit granted in accordance with the provisions of this article shall be required for circuses, menageries, tent shows, theatricals, and vaudeville shows.

(Ord. 449, § 1; Ord. 543, § 2)

A permit granted in accordance with the provisions of this article shall be required for auction sales, auctioneers, and auction houses.

(Ord. 449, § 1; Ord. 543, § 2)

A permit granted in accordance with the provisions of this article shall be required for dance halls; provided, however, teen-age dances shall require neither a license nor a permit provided the person or organization sponsoring or conducting such teen-age dance shall deliver to the City Manager or designee, either personally or by first-class mail, the time and place of such dance at least five days in advance of such dance.

(Ord. 449, § 1; Ord. 543, § 2)

• (a) Compliance with License. No person shall commence, engage in, profess to practice or advertise that he or she will engage in fortune-telling without first having procured a permit as required by the provisions of this article or without complying with any and all regulations of such business or activity contained in this article or any ordinance of the City. Each person who engages in fortune-telling shall procure a license in the manner prescribed in this article, regardless of whether or not such person is practicing such activity on behalf of or in conjunction with any corporation, partnership, organization, or any other person or persons. The advertisement, commencement, or practice of fortune-telling, without first having procured such a license when required to do so or without complying

4. Editor's Note: Previously codified as part of Section 3-1.212. Prior ordinance history includes Ord. Nos. 150, § 7; 343, § 2; 348, § 2; 375, § 1 and 402, §§ 1, 2.

5. Editor's Note: Previously codified as part of Section 3-1.212. Prior ordinance history includes Ord. Nos. 150, § 7; 343, § 2; 348, § 2; 375, § 1 and 402, §§ 1, 2.

6. Editor's Note: Previously codified as part of Section 3-1.212. Prior ordinance history includes Ord. Nos. 150, § 7; 343, § 2; 348, § 2; 375, § 1 and 402, §§ 1, 2.

7. Editor's Note: Previously codified as part of Section 3-1.212. Prior ordinance history includes Ord. Nos. 150, § 7; 343, § 2; 348, § 2; 375, § 1; 402, §§ 1, 2; 449, § 1; 543, § 2; 549, §§ 2, 3 and 10-759, § 7.

8. Editor's Note: Previously codified as part of Section 3-1.212. Prior ordinance history includes Ord. Nos. 150, § 7; 343, § 2; 348, § 2; 375, § 1 and 402, §§ 1, 2.

with any and all laws of this City, shall constitute a separate violation for each and every day that such business or activity is so advertised or practiced.

• (b) Fortune-Telling Defined. Fortune-telling shall mean the business or art of astrology, phrenology, life reading, fortune-telling, cartomancy, clairvoyance, crystal gazing, hypnotism, mediumship, mesmerism, oriental mysteries, palmistry, spirits, etherealization, numerology, physiognomy, seership, prophecy, augury, divination, magic, necromancy, reading of tarot or similar cards, or use of other similar occult powers for any form of compensation.

• (c) Application. Every person desiring to practice fortune-telling shall submit an application for a business permit as required by this article. The applicant shall provide the following:

  • (1) Name and address of the applicant;

  • (2) Address of the proposed location for the conduct of fortune-telling;

  • (3) Record of conviction of violations of law, excluding minor traffic violations;

  • (4) Fingerprints of the applicant on a form approved by the City;

  • (5) Address, including city and state, and approximate dates when the applicant practiced a similar business, either alone or in conjunction with others.

• (d) Procedures and Criteria for Issuance of Permit.

  • (1) Hearing. Notwithstanding the general provisions of Article 1 of this chapter, the City Manager or designee shall within 15 calendar days after the application is deemed complete, approve or disapprove the application.

  • (2) Criteria. Notwithstanding the general provisions of Article 1 of this chapter, the City Manager or designee shall approve a business permit for fortune-telling unless the City Manager or designee determines either:

    • (i) That the proposed business is located within 1,000 feet from another fortunetelling business; or

    • (ii) If one or more of the criteria set forth in subparagraphs (1)—(3) and (7) of Subsection (c) of Section 3-2.106 has been met.

  • (3) Communication of Decision. The decision of the City Manager or designee to grant or deny the permit shall be made in writing within five business days after the hearing and sent to the applicant.

  • (4) Appeals. The procedures for appeal set forth in Section 3-2.306 relating to appeals of decisions on permits for adult-oriented businesses shall apply to appeals to the City Council on fortune-telling business permits.

• (e) Issuance of Permit. Upon approval of the permit by the City Manager or by the City Council on appeal, the City Manager or designee shall thereafter issue a permit when the required permit fee, as established by the City Council by resolution, has been paid.

• (f) Terms and Renewal of Permit. Any permit issued pursuant to this section shall be valid for a period of one year unless revoked. Upon the expiration of such permit and written request by the applicant, the City Manager or designee shall automatically renew the permit within 10 days of such request if the factual information upon which the original application was granted remains unchanged and there has been no violation of this article or any other ordinance, statute, law or regulation of any governmental agency.

(Ord. 449, § 1; Ord. 543, § 2; Ord. 626, § 8; Ord. 702, § 1)

• (a) Permit Required. No proprietor of a restaurant, cafe, grocery store, market, bar, beer hall, night club or of any service or retail commercial store or shop shall remain open to the public for commercial business between the hours of 12:00 a.m. midnight and 6:00 a.m. the following morning unless such business has either:

  • (1) Already obtained a permit under another section of this article or another section of this Code for operation during those hours; or

  • (2) Complies with the requirements of this section and has obtained a permit therefor under this section granted in accordance with the provisions of this article.

• (b) Criteria for Issuance. In addition to the criteria for the issuance of a permit specified in Section 3-2.106 of this Code, the City Council shall grant, conditionally grant or deny a permit under this section based upon consideration of the following additional factors:

  • (1) The proximity of the proposed late night and early morning operation to surrounding residential zoned property, schools, churches, parks and public buildings and the effect the proposed operation would likely have on such surrounding properties and uses; and

  • (2) The proximity of the proposed late night and early morning operation to other establishments that are authorized to operate after 12:00 a.m. midnight or before 6:00 a.m.

• (c) Term of Permit. Any permit issued pursuant to this section shall be valid for an initial duration of five years from the date of issuance and shall be automatically renewed, at the end of the fifth year, for additional one year terms, unless prior to the expiration of the then current term, the City takes both of the following actions:

  • (1) Provides notice to the permit holder at least 90 days prior to the expiration of the current term of the intent of the City to consider not extending the permit beyond the current term; and

  • (2) The City Council, following a noticed public hearing, determines not to extend the permit beyond the then current term.

• (d) Expiration of Permit. Upon the expiration of such permit, the permit holder shall be required to cease late night and early morning commercial operations within 90 days of the expiration of the permit or the date that the City Council decides not to extend the permit, whichever is later.

• (Ord. 520, § 2; Ord. 543, § 2; Ord. 07-712, § 4)

• (a) Permit Required. No person shall display, offer for sale, or sell to the general public personal property from any residentially used property in any residential or agricultural zone, including sales of personal property at events commonly known as "garage sales," "yard sales," "patio sales," "rummage sales," "estate sales" and the like, (hereafter referred to as "yard and garage sales") without having first obtained a permit therefor in accordance with the provisions of this section.

• (b) Exemptions from Permit Requirement. This section shall not be deemed applicable to the occasional sale of an item or items of used personal property from any residentially used property in any residential or agricultural zone provided the item or items are the used personal property of the occupant of the dwelling unit, the item or items are displayed only from within an enclosed structure, there are no signs advertising such sale placed at the location of the sale, and all prospective buyers of the item or items of used personal property are invited by or have made an appointment with the seller prior to inspecting, purchasing or taking delivery of such personal property.

• (c) Application. The applicant for a yard or garage sale permit may apply for a permit by telephone. The City shall issue a permit and inform the applicant of the permit number if the applicant provides all required information and the proposed sale satisfies each requirement of this section. An applicant for a permit to conduct a yard or garage sale shall provide the following information to the City at the time of application for the permit:

  • (1) The full name and residence address of the applicant;

  • (2) The address where the sale will be conducted;

  • (3) The dates and hours of the sale;

  • (4) A general description of the personal property to be sold;

  • (5) A declaration, stated under penalty of perjury, that:

    • (i) The applicant is the owner of all of the personal property to be offered for sale and that the applicant will permit inspection by the County Sheriff, or his designee, of all personal property offered or to be offered for sale, and

    • (ii) The applicant is aware of and will comply with all requirements of this section.

• (d) Duration of Permit. The permit shall be valid for a period not to exceed three consecutive days.

• (e) Conditions and Restrictions on Yard and Garage Sales.

  • (1) Only one permit shall be issued by the City during any six month period for a yard or garage sale at the same location.

  • (2) Only used personal property may be displayed or offered for sale at the yard sale.

  • (3) No sign or other form of advertisement of the yard or garage sale shall be placed upon any public property within the City nor upon any property other than the authorized location of the sale.

• (4) Two signs only, each not exceeding six square feet in area, may be placed in the front or side yard of the authorized location of the yard and garage sale. The signs shall be placed at least five feet from the front property line.

• (f) Permit Index File. The Business License Officer shall keep and maintain an index file of all permits issued pursuant to the provisions of this section. Such index file shall identify the name of the permittee and the locations where yard and garage sales have been permitted.

• (g) Penalty for Violation. Any person who displays, offers for sale, or sells to the general public, any personal property from residentially used property in any residential or agricultural zone without first obtaining a permit therefor, or who violates any provision of this section, shall be guilty of a misdemeanor and shall be punishable as provided for in this Code.

• (Ord. 526, § 1)

It is the intent of this article to provide a special permit procedure for those businesses set forth in Sections 3-2.201 through 3-2.208 of this article. The failure to set other businesses and activities regulated by other provisions of this Code and requiring permits or subject to franchises shall not be deemed or construed as an intention upon the part of the Council to relieve such businesses or occupations from the permit procedure or franchise procedure under which they may be governed by other provisions of this Code or State laws.

(Ord. 150, § 1; Ord. 449, § 1; Ord. 520, § 2; Ord. 526, § 1; Ord. 543, § 2)