Chapter 5.06 — BOOKSTORES—REGULATION

Every person conducting, managing or carrying on a bookstore, the principal business of which is the sale of books or the sale of books and periodicals, shall first procure a license and pay a license fee established pursuant to Section 5.04.220. This section does not apply to the sale of books or periodicals as an incident to some other business or occupation.

(Ord. 470 §3, 1992: Ord. 174 §1(part), 1971: Ord. 173 §1(part), 1971).

The city council shall hold a public hearing on every application for a license pursuant to this chapter and shall cause to be given notice of such hearing as follows:

(1)

Notice shall be given to the applicant not less than five days before the hearing, either by certified mail, postage prepaid, or in the manner required for the service of summons in civil actions.

(2)

Notice shall be posted in at least three places on the public street or highway where it is proposed to conduct, maintain, or operate such business, at least five days before the hearing.

(Ord. 174 §1(part), 1971: Ord. 173 §1(part), 1971).

A license for a bookstore shall be granted or denied in accordance with the standards set forth in this section. The following shall constitute grounds for denial of a license for a bookstore, or for other activities which may involve free speech:

(1)

The operation of the activity will not be carried on at a location and if in a building or structure, in a building or structure, which location, building and structure comply with and meet all of the health, zoning, fire and safety requirements and standards of the laws of the State of California and ordinances of the city;

(2)

The applicant, his employee, agent or any person connected or associated with the applicant as a partner, director, officer, stockholder, associate or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for a license or in any report or record required to be filed with the city;

(3)

The applicant has had a similar type of license previously revoked for good cause within one year prior to the application, and can show no material changes in circumstances since such revocation.

(Ord. 179 §1, 1972; Ord. 174 §1(part), 1971: Ord. 173 §1(part), 1971).

A license for a bookstore, or other activities which may involve free speech, shall be revoked, suspended or modified, after adequate notice and hearing to the licensee, if the city council shall find that one or more of the following conditions exist:

(1)

The building, structure, equipment or location of such business does not comply with or fails to meet all of the health, zoning, fire and safety requirements or standards of all the laws of the State of California or ordinances of the city applicable to such business operation.

(2)

The licensee, his employee, agent or manager has been convicted within the last five years in a court of competent jurisdiction of:

(A)

Any violation of any statute, this, or any other ordinance or municipal code provision arising from the same business operation, or

(B)

Any offense involving the maintenance of a nuisance in connection with the same business operation.

(3)

The licensee, his employee, agent or any other person connected or associated with the licensee as partner, director, officer, stockholder, associate or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for a license, or in any report or record required to be filed with the city.

(4)

Has violated any rule or regulation adopted by the city council relating to the licensee's business.

(5)

Has violated any condition or restriction of the license.

(Ord. 179 §2, 1972; Ord. 174 §1(part), 1971: Ord. 173 §1(part), 1971).