Chapter 110 — GENERAL BUSINESS PERMITS

The provisions of this chapter shall govern the procedural aspects of the issuance, denial, suspension and revocation of permits required pursuant to this title, except as expressly set forth in Chapters 112, 113, 115, 116, 118, 120 and 123 of this code of ordinances.

('83 Code, § 5.12.010)

(A) The businesses and activities designated in this title are of such unique character so as to require that each of the same be specifically regulated in the manner provided. No person shall operate or conduct, or participate in the operation or conduct of, any of the businesses or activities specifically enumerated in this title without first obtaining a permit therefor, in the manner prescribed.

(B) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction. ('83 Code, § 5.12.020) Penalty, see § 10.99

Any person required to obtain a permit pursuant to this title shall file a written application therefor with the City Manager. Written application forms for such permits shall be prepared by the City Manager, which shall require thereon such information as he or she deems necessary to carry out the purposes of this title. For purposes of this title, the term “City Manager” shall also mean and refer to the city’s Chief Executive Officer. ('83 Code, § 5.12.030) (Am. Ord. 1201, passed 4-16-03)

(A) The City Manager, or his or her designee, upon receipt of a written application for a permit, shall conduct an appropriate investigation to determine whether the permit should be issued in accordance with the provisions set out in this title. The City Manager, or his or her designee, may consider any relevant factual material, including, but not limited to, the character and reputation of the applicant and/or other persons who will be involved in the conduct of the operation allowed by the permit, if issued. Moreover, investigation of the business permit application shall involve review by other city departments, including the Police Department, to ensure that the action to be taken on each business permit application is appropriate and consistent with the intent and purpose of this title. This investigation and review process shall apply to situations involving a change of ownership of a business. In the case of businesses involved primarily in first amendment activities, the investigation and review process shall be completed within 30 days, and the decision of the City Manager, or his or her designee, regarding issuance, conditional issuance or denial of the business permit shall be made within the 30 day period, unless the applicant consents to a longer period.

(B) With respect to the following types of business operations as listed below, the investigation of the facts relating to the business permit application may also take into consideration the applicant's criminal record and prior business history in order to protect the health, safety and general welfare of the community. In no event shall a prior criminal

record, or the prior denial, revocation or suspension of a business license or permit, constitute the sole basis or justification for the denial of a business permit unless the City Manager, or his or her designee, after reviewing and considering all relevant facts and circumstances, finds and determines that:

(1) The applicant's prior criminal record includes one or more convictions for a crime involving moral turpitude which is substantially related to the business activity for which the permit is requested and, when considered alone or in conjunction with prior injunctive relief or the prior denial, revocation or suspension of a business license or permit, the issuance of the permit would be detrimental to the health, safety and general welfare of the community.

onvictions for a crime involving moral turpitude which is substantially related to the business activity for which the permit is requested and, when considered alone or in conjunction with prior injunctive relief or the prior denial, revocation or suspension of a business license or permit, the issuance of the permit would be detrimental to the health, safety and general welfare of the community.

(2) The provisions of this subsection shall apply to the following types of businesses: Billiard Parlors/Pool Halls; Bowling Alleys; Uses with Live Entertainment; Fortune-telling; Health Clubs; Hypnotists; Massage Establishment; Peddlers and Solicitors; Social Clubs; Chiropractors; and Cyber Cafes. The provisions of this subsection shall not apply to businesses involved primarily in first amendment activities. Any person who holds a current and valid certificate issued pursuant to Chapter 10.5 of Division 2 of the Cal. Business and Professions Code (commencing with § 4600) (the “State Regulations of Massage Therapists”) and any business that employs or uses only persons who hold a current and valid certificate issued pursuant to the State Regulations for Massage Therapists as massage practitioners need not obtain the permit required pursuant to this division (B). Except for the foregoing, all other provisions not in conflict with the State Regulations for Massage Therapists shall remain in full force and effect and are applicable to the persons and businesses described in this division (B).

(C) Prior to the issuance of any business permit, the applicant must also comply with all applicable zoning, health, fire, building and safety laws of the State of California and of the City of Baldwin Park.

('83 Code, § 5.12.040) (Am. Ord. 1201, passed 4-16-03; Am. Ord. 1330, passed 1-20-10)

• (A) The City Manager shall issue any permit required by this title only if:

• (1) A completed written application therefor has been filed;

• (2) The required filing and processing fee therefor has been paid to the Director of Administrative Services; and

• (3) He or she finds, as a result of his or her investigation that all applicable provisions of this title, with regard to the permit application have, or will be, met.

(B) The City Manager may condition any permit issued so as to insure compliance with the provisions of this title. The action of the City Manager with reference to the issuance, conditional issuance or denial of a permit shall be final and conclusive in the absence of the perfecting of an appeal from the decision, in the manner set forth in this title. ('83 Code, § 5.12.050)

Within ten days after reaching a determination with reference to a permit application, or suspension of a permit, the City Manager shall give written notice of his or her decision to the applicant and to any other person requesting the notice.

('83 Code, § 5.12.060)

Any applicant aggrieved by the decision of the City Manager, with reference to the issuance, conditional issuance or denial of a permit, shall have the right of appeal, taken in the time and manner set forth in § 30.04. ('83 Code, § 5.12.070)

(A) The City Manager shall suspend any permit issued under this title, if he or she finds that the permittee or the permittee’s agents and/or employees, have been, or are:

• (1) Violating any condition of approval imposed upon the permit;

• (2) Violating any provision of this code or other applicable law;

• (3) That the continued operations under the permit would endanger, jeopardize or disrupt the public peace, safety, health or general welfare; or

• (4) Any other cause, as set forth in this title.

(B) The City Manager, in the case of such suspension, shall serve the permittee with a written order of suspension, which shall state the reasons for the suspension. The order shall be effective immediately upon the permittee having been personally served, or 48 hours after the order has been deposited in the course of transmission in the United States Postal Service.

(C) Immediately upon such an order becoming effective, the permittee shall cease all operations authorized under the permit. Where an appeal is timely filed, no further operations shall be deemed authorized pursuant to the permit, until the appeal is finally determined.

(D) The order of suspension shall be deemed a revocation of a permit unless the permittee files an appeal from the order, in the time and manner set forth in § 30.04.

('83 Code, § 5.12.080)

(A) Permits issued pursuant to this title shall be posted on the premises where the business or enterprise for which the permit is issued is conducted and shall remain so posted during the period the permit shall be in force.

(B) Any permit issued to a person who goes from place to place within the city for the purpose of carrying on the business or activity as so permitted, shall be carried by him or her at all times, and he or she shall exhibit the permit upon request therefor.

(C) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction. ('83 Code, § 5.12.090) Penalty, see § 10.99

Permits issued pursuant to this title shall be valid until revoked, except as is otherwise expressly provided in this title.

('83 Code, § 5.12.100)

No permit issued under this title shall be transferable, except as otherwise provided expressly in this title. ('83 Code, § 5.12.110)

TEMPORARY USE PERMITS

(A) A temporary use permit shall be required for each of the activities enumerated in § 110.21, and all activities which are similar or related thereto, except those activities sponsored by the city or other public agency. The activities, being temporary in nature possess characteristics of such unique and special form as to make impractical their operation without specific approval, upon the conditions as may be deemed appropriate, in the manner set forth in this subchapter.

(B) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction. ('83 Code, § 5.56.010) Penalty, see § 10.99

(A) No person shall sponsor, participate or engage in any of the following enumerated activities, without first obtaining a temporary use permit therefor, issued by the City Manager:

• (1) Circuses.

• (2) Carnivals.

• (3) Fairs.

• (4) Temporary outdoor exhibits of equipment, goods or merchandise.

• (5) Aircraft and helicopter landings and demonstrations, and parachutist demonstrations.

• (6) Christmas tree sales, except for those conducted as an integral part of a business which has a valid business license, issued pursuant to this code.

• (7) Swap meets.

• (B) Limitations on Permits.

• (1) Duration. The maximum duration for temporary use permits issued for activities enumerated in division (A) shall be as follows:

• (a) For uses listed in divisions (A)(1), (2), (3), (5) and (7), four consecutive calendar days;

• (b) For uses listed in division (A)(6), 30 consecutive calendar days;

• (c) For uses listed in division (A)(4), up to one calendar week, but not more than four nonconsecutive calendar weeks per year.

(2) Number of permits. There shall be a maximum of two permits issued per year for any one location and a maximum of two permits issued per year to any one applicant, provided that the limitation on the number of permits based upon location shall not apply to shopping centers having an area of ten or more acres.

• (3) Standards. Temporary outdoor exhibits of equipment, goods or merchandise shall meet the following minimum standards and permit requirements:

• (a) Displays shall not impede pedestrian or vehicular access.

• (b) Displays located within the public right-of-way shall maintain a minimum four foot unobstructed access way for safety purposes.

• (c) Displays shall be located solely along the storefront of the business requesting such display.

• (d) Applications shall be submitted two weeks prior to the proposed display period. All applications shall be subject to Planning Division and Engineering Division approval.

• (4) Temporary use permits issued for activities stated in § 110.21(A)(4) shall require that the placement of exhibits, outdoor displays and sidewalk sales ensure aesthetic character and quality.

('83 Code, § 5.56.020) (Ord. 858, passed - -83; Am. Ord. 933, passed - -86; Am. Ord. 980, passed - -88; Am. Ord. 981, passed - -88; Am. Ord. 1156, passed 2-2-00; Am. Ord. 1274, passed 9-21-05)

A filing and investigation fee as set by resolution of the City Council shall be required with each application for a temporary use permit. No such fee shall be required from an applicant who is exempt from the payment of business license taxes pursuant to this code.

('83 Code, § 5.56.030)

The City Manager shall, upon proper application, issue a temporary use permit if he or she determines that the proposed activity can, and will, be conducted in a manner compatible with the preservation of the public peace, safety, health and general welfare, and will not be injurious or detrimental to property located in the immediate vicinity of the proposed location for the activity.

('83 Code, § 5.56.040)

The City Manager shall refuse to issue a permit if the activity would not be compatible with the preservation of the public peace, safety or general welfare, or if the same would be injurious or detrimental to properties adjacent to, or in the vicinity of, the proposed location of the activity. ('83 Code, § 5.56.050)

This subchapter shall have no application to events or activities which are sponsored and controlled by a school district.

('83 Code, § 5.56.055) (Ord. 933, passed - -86)