Artesia Municipal Code Art. 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)