Chapter 5.05 — BUSINESS REGULATIONS

No person shall operate, and no license shall be issued for, any of the following businesses until a permit has first been obtained therefor upon application in writing for such permit pursuant to this chapter:

(1)

Auctioneer;

(2)

Bowling alley;

(3)

Closing out sale;

(4)

Dances;

(5)

Fireworks;

(6)

Massage parlors;

(7)

Pawnbroker;

(8)

Salvage dealer;

(9)

Secondhand dealer;

(10)

Waste disposal facility;

(11)

Wrecker, auto.

(Ord. 137 §1, 1968; Ord. 132 §1(part), 1968).

(Ord. No. 705, § 3, 1-15-2019)

No person not having a permanent business situs within the city shall operate, and no license shall be issued for, any business until a permit has first been obtained therefor upon application in writing for such permit pursuant to this chapter. Permit fees for such nonlocal businesses shall be established from time to time by resolution of the city council, and shall not be subject to the provisions of Section 5.05.080.

(Ord. 461 §3, 1992).

Before any permit is issued pursuant to this chapter, an application thereof shall be filed with the license collector, which application shall be verified by the applicant (if a corporation or association, an officer thereof; if a partnership, by general partner) and be accompanied by the fee required therefor, which shall include the following information:

(1)

Name and address of applicant (names of partners, if a partnership; officers and directors, if a corporation; principals, if an association);

(2)

Nature of the business enterprise;

(3)

The location and address of business or enterprises;

(4)

Brief description of the nature and amount of requirement to be used in business or enterprise;

(5)

A personal description of applicant (and each officer, partner or principal);

(6)

Evidence of identity of such applicant (and each officer, partner or principal), including, but not limited to, a suitable photograph of such person.

(Ord. 132 §1(part), 1968).

(Ord. No. 647, § 3, 11-5-2012)

The license collector shall investigate each such application in the manner and to the extent deemed necessary by the license collector to determine the applicant (or each officer, partner or principal) is of good moral character and proposes to engage in the business in a manner which is not detrimental to the public peace, health, safety, morals or welfare, either by reason of the character of the applicant or the nature of the business or the manner in which the business is proposed to be conducted. After such investigation, the license collector shall report his findings to the city administrator. If, as a result of such investigation, the city administrator finds that the applicant (and each officer, partner or principal) is of good moral character and that the business or enterprise will not be detrimental to the public peace, health, safety, morals or welfare of the city or its inhabitants, either by reason of the character of said applicant, the nature of the business or the manner in which the same is proposed to be conducted, the city administrator shall forthwith issue a permit, upon such terms, conditions and restrictions, as are not in conflict with any law, and as may be necessary or expedient to protect the public peace, health, safety, morals or welfare of the city and its inhabitants.

(Ord. 132 §1(part), 1968).

Should the city administrator, as a result of such investigation, refuse to issue such permit, the applicant may file a written letter of appeal with the city clerk within ten days of the mailing of notice of denial thereof. The city clerk shall place the matter upon the next most convenient city council agenda for hearing, and shall give the applicant at least five days' notice of the time and place of such hearing. The hearing shall be conducted in the manner described in Section 5.04.290 hereof; provided that the burden of proof shall be upon the applicant to show that the action of the city administrator was unreasonable, arbitrary, or in excess of his jurisdiction as set forth herein. If the city council determines that the proposed enterprise would be detrimental to the public peace, health, safety, morals or general welfare of the city or its inhabitants, either by reason of the character of the applicant or the nature of the business or enterprise, or the manner in which the business or enterprise is proposed to be operated, it shall refuse to issue such permit. If it is found that the public peace, health, safety, morals or general welfare will not be adversely affected by the issuance of the requested permit, the city council shall order the same issued. The action of the city council shall be final.

(Ord. 132 §1(part), 1968).

Permits issued pursuant to this chapter 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.

Any person who goes from place to place within the city for the purpose of carrying on a business or activity for which a permit is issued, shall carry such permit with him at all times, and shall exhibit the same upon request therefor.

(Ord. 132 §1(part), 1968).

Permits issued pursuant to this chapter shall be for the same duration as the business license issued for such business pursuant to Chapter 5.04.

(Ord. 132 §1(part), 1968).

Permits issued pursuant to this chapter may be renewed upon the filing of an application therefor with the license collector. The application for renewal shall be in the same form as an application for an original permit and it shall be issued or denied in a like manner as the case of the original permit.

(Ord. 132 §1(part), 1968).

A filing and processing fee of ten dollars shall be submitted with each application for an original permit. For any renewal thereof, such fee shall be in the sum of ten dollars.

(Ord. 141 §5, 1969: Ord. 132 §1(part), 1968).

The city administrator shall suspend any such permit issued pursuant to this chapter when he shall find that the permittee has violated any condition imposed upon such permit or any provision of this code or any provision of law or is otherwise threatening the public peace, health, safety, morals or general welfare. The suspension shall become effective upon the mailing of written notice thereof to applicant by the city administrator. Such notice shall contain the grounds for suspension. If no appeal is taken from such order, the permit shall be deemed revoked. If, within ten days of the mailing of the notice of suspension, a written appeal from such order is filed with the city clerk, the matter shall be placed upon the next most convenient city council agenda for hearing, at which time the permittee shall show cause why the permit should not be revoked. Such hearing shall be conducted in the manner described in Section 5.04.290 hereof. Written notice of the time and place of the hearing shall be given to the applicant by the city clerk, and to any person requesting the same at least twenty-four hours in advance of such hearing.

If the city council determines that such suspension pursuant to Section 5.05.090 was justified, the permit shall thereupon be revoked. If such suspension is found not to be justified, the permit shall be reinstated. The action of the city council shall be final and conclusive in the absence of actual fraud.

(Ord. 132 §1(part), 1968).

5.05.110, 5.05.120 - Reserved.

Editor's note— Ord. No. 647 §§ 4, 5, adopted Nov. 5, 2012, repealed §§ 5.05.110 and 5.05.120, which pertained to temporary use permits and activities included, and derived from Ord. No. 132, § 1, 1968.

A filing and investigation fee of twenty-five dollars shall be required with each application for a temporary use permit. The license collector shall exempt an applicant from payment of such fee:

(1)

If the applicant is exempt for business license purposes under Section 5.04.080 of this code; or

(2)

If the applicant is an organization which has had its principal office, place of worship or headquarters within the city for a period of not less than one year; and is organized and operated for charitable, religious or civic purposes.

(Ord. 132 §1(part), 1968).

For the purpose of Sections 5.05.150 through 5.05.260, inclusive, certain words and phrases shall be construed as herein set forth, unless it is apparent from the context that a different meaning is intended:

(1)

"Cabaret dance" means any dance held or engaged in at any place or premises licensed by the State of California to sell, serve or dispense intoxicating liquor for consumption in or at such place or premises.

(2)

"Club dance" means any dance held by a dancing club.

(3)

"Dance" means a gathering of persons in or upon any premises where dancing is participated in as the main purpose for such a gathering, or as an incident to some other purpose.

(4)

"Dance permit" means a required permit issued by the license collector upon order of the council for the holding of a public dance, public dance hall, club dance, cabaret dance, or dancing club.

(5)

"License collector" means the license collector and inspector of the city of Commerce.

(6)

"Private dance" means any dance (1) which is not advertised publicly; (2) to which members of the general public are not invited; and (3) is limited to members of the sponsoring group and its invited guests.

(7)

"Public dance" means a dance conducted by any person, whether or not for profit, to which members of the public are admitted or allowed to participate in such dancing, with or without charge.

(8)

"Public dance hall" means a place or location where a public dance is held or conducted.

(9)

"School dance" means a dance conducted as a part of the curriculum of any public or parochial school, or any dance officially sanctioned by such school when conducted at school buildings or grounds, or other place, when properly supervised by school officials.

(10)

"Special dance" means an individual public dance or private dance conducted by any person, dancing club, dancing school, or association of persons, dancing clubs, or dancing schools, which dance, if authorized, will result in not more than three such dances being held by such person or group in any three- month period.

(11)

"Teen-age dance" means a nonprofit public dance or club dance sponsored by a service group, school group, parents group, or other similar organization, for minors between the ages of thirteen and nineteen years of age to which no person over nineteen years of age or under thirteen years of age is admitted as a participant.

(Ord. 132 §1(part), 1968).

No person shall conduct or assist in conducting any public dance, public dance hall, dancing club, club dance, teen-age dance, or cabaret dance within the city, without first obtaining a permit therefor, in the manner prescribed in this chapter. Applications for such permits shall be filed with the license collector of the city, and shall contain the following information:

(1)

The name and address of the applicant (if a corporation or a partnership, the names and residence addresses of all officers, directors or partners; if an unincorporated association, the names and addresses of all principals); and

(2)

The location and description of facilities proposed to be used; and

(3)

The dates, hours and estimated maximum attendance at the proposed dance, and the type of dance.

(Ord. 132 §1(part), 1968).

The fee shall accompany all dance permit applications. The fee for a dance permit shall be:

(1)

For a permit for a special dance, thirty dollars;

(2)

For a permit to conduct all other dances covered by this chapter, two hundred and fifty dollars for an original permit, and one hundred and eighty dollars for a renewal permit.

The city council may waive such fee if the applicant is an organization described in Section 5.05.130(2) of this code. In the event that the permit is denied, all of the fee, with the exception of thirty dollars shall be refunded to the applicant.

(Ord. 132 §1(part), 1968).

The license collector, upon receipt of a written application for a dance permit, shall refer the same to the appropriate city departments for investigation, report and recommendation. Each such department shall submit, in writing, a report, together with such recommendation as may be appropriate to the license collector, for transmittal to the city administrator as soon as possible after such referral.

(Ord. 132 §1(part), 1968).

Each such dance permit application, together with said written reports of investigation relating thereto, shall be forwarded to the city administrator for his consideration.

(Ord. 132 §1(part), 1968).

(1)

Issuance. Upon receipt of an application and reports relating thereto, the city administrator, before ordering the issuance of a dance permit, shall satisfy himself that the public peace, safety, health and general welfare will not be endangered or jeopardized by the issuance of such dance permit. The city administrator may impose conditions upon the issuance of dance permits to insure that dances and dancing conducted under and by virtue of such permits will be compatible with the preservation of the public peace, safety, health and general welfare. Such conditions may include a requirement that the permittee provide one or more uniformed peace officers to maintain order on the premises. The city administrator may consider any relevant factual material, including, but not limited to the proposed place or location of such dance and the character and reputation of applicant and other persons who will be involved in the conduct and operation of the dances under the permit if issued.

(2)

Denial. If the city administrator finds that the issuance of a dance permit will endanger or jeopardize the public peace, safety, health and general welfare, such issuance shall be denied.

(3)

Notice. The city administrator shall give the applicant written notice of his decision; such decision shall be final and conclusive in the absence of an appeal.

(4)

Appeal. Any applicant aggrieved by a determination of the city administrator shall have the right to appeal the same to the city council. Such an appeal shall be filed with the city clerk within ten days after the mailing of the notice of the city administrator's determination. Thereafter, the matter shall be heard by the city council at its next most convenient meeting; the hearing shall be noticed and conducted in the manner set forth in Section 5.04.290 hereof; provided that the burden of proof shall be upon the applicant to show the action of the city administrator was arbitrary, unreasonable and in excess of his authority.

(Ord. 132 §1(part), 1968).

No cabaret dance or cabaret dancing shall be held or engaged in unless all of the following conditions are at all times complied with:

(1)

The dance floor shall be a minimum size of two hundred square feet.

(2)

The dance floor area specified in each permit issued shall be plainly marked and designated as a dancing area. No dancing shall be permitted in the premises, except upon the dancing area thus marked and designated.

(3)

During all hours during which dancing is permitted by the permit issued hereunder for the premises, no portion of the dancing area shall be used for any purpose other than dancing and entertainment.

(4)

No portion of any dance floor shall be located within twenty feet of any bar or other facility for the dispensing of intoxicating beverages.

(5)

The maximum number of persons occupying a building or portion thereof used for dining, drinking and dancing shall not exceed the maximum posted by the fire department. Occupant load in a cabaret shall be computed by dividing the usable floor area of the premises by a factor of fifteen square feet per occupant, but may be limited to a lesser number based on exit facilities.

(Ord. 132 §1(part), 1968).

No premises at which cabaret dances or cabaret dancing are conducted or engaged in shall be used or operated as a private club between the hours of two a.m. and six a.m. of any day.

(Ord. 132 §1(part), 1968).

No person shall bring to any public dance hall or to any dancing club, club dance, teen-age dance, cabaret dance, or any public dance, any intoxicating liquor; provided, however, that this section shall not apply to any person, firm or corporation, and to his or its employees acting within the scope of their employment, lawfully engaged in the sale or distribution of intoxicating liquor, from delivering intoxicating liquor to any such place, upon the request or at the direction of the owner or operator thereof.

(Ord. 132 §1(part), 1968).

No person, other than the owner or operator of a dance hall, dancing club, club dance, cabaret dance, or public dance, and his bona fide employees acting in the course of their employment, shall possess any intoxicating liquor at any public dance hall, dancing club, club dance, cabaret dance, or any public dance, unless the same has been lawfully sold, served or dispensed thereat.

(Ord. 132 §1(part), 1968).

No employee of any person conducting, or in charge of, any public dance, public dance hall, cabaret or public dance, shall engage in dancing with any other person at his or her place of employment.

(Ord. 132 §1(part), 1968).

Editor's note— Ord. No. 647 § 6, adopted Nov. 5, 2012, repealed § 5.05.250, which pertained to unsocial dancing and derived from Ord. No. 132, § 1, 1968.

No person in charge of or assisting in the conduct of any public dance hall, dancing club, club dance, teen- age dance, school dance, cabaret dance, or public dance shall permit any person to enter into, to be in or to remain in any place where such public dance hall, dancing club, club dance, teen-age dance, school dance, cabaret dance or public dance is being conducted, who is intoxicated, boisterous, or disorderly. No person in an intoxicated condition shall enter, be in or remain in, any public dance hall, dancing club, club dance, teen-age dance, school dance, cabaret dance, or public dance. No person shall conduct himself in a boisterous or disorderly manner in or at a public dance hall, dancing club, club dance, school dance, teen-age dance, cabaret dance or public dance.

(Ord. 132 §1(part), 1968).