Corona Municipal Code Ch. 5.53 Service Permit Policy

"Ancillary services" means any program, activity, or service provided to clients and/or prospective clients based on their individual needs and circumstances for the purpose of promoting their physical well-being. "Ancillary services" shall include, but not be limited to, counseling, vocational training, case management, medical services, peer-based services, rehabilitative services, skills development and recreational activities.

"Application" means an initial or renewal application for a service permit.

"Client" means any person actually receiving or benefiting from the provision of services.

"Food" means all articles used for human food, drink, confectionery or condiment, whether simple, mixed, or compound.

"Occasional event" means any activity, program, or project providing services that occurs on not more than one day in a consecutive 90 day period.

"Prospective client" means any person seeking to obtain any services provided in the city.

"Public property" means any property owned by the city or the Redevelopment Agency, except dedicated rights-of-way and leased property.

"Services" means any activity, program, or project providing "ancillary services" or "food" to clients on public property for the purpose of promoting the client's physical well-being.

"Service area" means the designated location of the "services."

"Service permit" means the permit, required by this chapter, which must be obtained by all service providers prior to the provision of services on public property in the city.

"Service provider" means any individual or organization providing services on public property to clients for the purpose of promoting their physical well-being. "Service provider" shall not include any individual home, church, private club, or other nonprofit organization that provides services to fewer than 12 clients or that provides services at occasional events.

(Ord. 2619 § 3, 2002.)

Except as otherwise provided by law and in addition to all other permits required by law, all individuals or organizations desiring to provide services to 12 or more clients and/or prospective clients on public property in the city, except those providing services at occasional events, shall file with the Parks and Community Services Department, a written application for a service permit. The service permit shall be limited to the provision of services on one day per month per service provider for a maximum period of three months, after which time the written application may be renewed. Each application or renewed application shall contain the following information:

(A) Name. The name of the individual or organization registering to provide the services.

(B) Type and purpose. The type and purpose of the services.

(C) Structure. Whether the individual or organization registering is a natural person, partnership, corporation, or association, and:

(1) If a natural person, the person's business or residence address and telephone number.

(2) If a partnership, the names of all the partners and principal business address and telephone number of each partner.

(3) If a corporation, whether it is organized under the laws of California or is a foreign corporation, the mailing address, business location, and telephone number, name(s) of the individual(s) in charge of the local office of the corporation, and the names of all officers and directors or trustees of said corporation, and if a foreign corporation, the place of incorporation.

(4) If an association, the association's principal business address and telephone number, if any, and the names and principal business or residence addresses and telephone numbers of the officers and directors or trustees of the association. If the association is part of a multi-state organization or association, the mailing address and business location of its central office and the mailing address and business location of its local office.

(D) Description of services. A description of the methods and means by which the provision of the services is to be accomplished. The description shall include an exact description of the intended service area and date(s) and time(s) that the service(s) will be provided. The description shall address how the service provider will comply with the following:

(1) Waiting areas. The service provider shall provide adequate waiting areas within the service area for clients and prospective clients such that sidewalks and/or public streets are not obstructed;

(2) Toilets/restrooms. The service provider shall provide toilets and restroom facilities in a manner consistent with the Parks and Community Services Department Policies;

(3) Monitoring. The service provider shall continuously monitor waiting areas to inform clients and/or prospective clients whether they can be served within 30 minutes from their arrival at the service area. If they cannot be served by the service provider because of time or resource constraints, the service provider shall inform the client or prospective client of any alternative programs and locations where he or she may seek similar services;

(4) Designated area. The service provider shall, with its best efforts, restrict the services to the service area described in the application or provided in the service permit;

(5) Refuse. Service providers shall have available within the service area one or more refuse receptacles into which the service provider and clients shall place and continually contain such refuse at all times from the time of its creation and initial accumulation to the time and date of its collection and removal;

(6) Security. The service provider shall continuously monitor the service area and all areas within a 100 foot radius of the service area, to ensure the quiet, safety, and cleanliness of the service area and the vicinity;

(7) Lighting. The service provider shall provide outside lighting in a manner that illuminates outside street and sidewalk areas and adjacent parking, as appropriate;

(8) Food service permit. Where applicable, the service provider shall obtain and maintain a valid County of Riverside Department of Health Services permit for food service and shall provide a copy of such permit upon the request of any city officer or official;

(9) Sidewalks. The service provider shall maintain the sidewalks in the service area in a clean and sanitary condition. The service provider, its employees and/or volunteers shall walk a 100 foot radius from the service area two hours after providing the services and shall pick up and properly dispose of any discarded beverage and/or food containers, clothing, and any other rubbish or trash which may have been left by clients. For temporary shelter programs, the service provider shall walk a 100 foot radius from the service area no less than once every 12 hour period;

(10) Notices. At least one notice, in English and Spanish, shall be well lit and prominently displayed within the service area urging clients leaving the service area and surrounding neighborhood to do so in a quiet, peaceful, and orderly fashion and to not loiter or litter; and

(11) Parking. The service provider shall provide and maintain adequate parking for employees, volunteers, clients, prospective clients, and other visitors who drive to the service area.

(E) Statement of familiarity. A statement that the signers of the application have read and are familiar with the provisions of this chapter and will require all persons, volunteers, and employees authorized to engage in the provision of such services to read and be familiar with all sections of this chapter prior to providing any services.

(F) No endorsement. A statement to the effect that if a service permit is granted, such service permit will not be used as or represented to be an endorsement of the services by the city or any of its officers or employees.

(G) Application and permit for use of recreation facilities. The service permit application shall be filed with an application and permit for use of recreation facilities pursuant to § 12.24.080.

(H) Authorized signature. If the applicant for a service permit is a corporation, partnership, or association, the application must be signed by the person authorized to apply for permits and licenses and, under penalty of perjury, declared to contain true and correct information. If the applicant for a service permit is an individual, the application must be signed by that individual and, under penalty of perjury, declared to contain true and correct information.

(Ord. 2833 § 4, 2006; Ord. 2619 § 3, 2002.)

The Application and any other necessary application form(s) shall be created, maintained, and updated as necessary by the Parks and Recreation Department.

(Ord. 2619 § 3, 2002.)

(A) Issuance of receipt. Upon the filing by an individual or organization of an application and the payment of (1) the fee required by § 5.52.050, and (2) any fine or penalty assessed against the individual or organization for violation of this chapter that has been outstanding for more than 60 days, the Parks and Recreation Department shall issue to the individual or organization a receipt that indicates that the individual or organization has filed an application.

(B) Review of application. The Parks and Recreation Department shall, after a review of the application to determine its compliance with § 5.52.020 above, and within ten working days of the receipt of the application, either issue a service permit or notify the individual or organization applying that the application has been denied. Such notice shall include the original or renewal application, written reasons for the denial, a statement inviting the individual or organization to resubmit a revised application, and a statement informing the individual or organization of their appeal rights.

(C) Granting application. The Parks and Recreation Department shall issue a service permit whenever the following facts do exist:

(1) All of the statements made in the application are true;

(2) The application is complete and the applicant has demonstrated its willingness and ability to comply with the provisions of § 5.52.020; and

(3) All required fees have been paid.

(D) Denying application.

(1) The Parks and Recreation Department shall deny any initial or renewal application for a service permit whenever any of the following facts do exist:

(a) Any statement made in the application is untrue;

(b) The Application is incomplete or the applicant has not demonstrated its willingness and ability to comply with the provisions of § 5.52.020;

(c) Required fees have not been paid;

(d) The individual or organization submitting the application has had a service permit permanently revoked within the previous six months.

(2) Denial of a service permit may be appealed within ten days, as provided for in § 5.52.110.

(E) Amendment to application.

(1) The services must be provided as described in the application. Should the scope of the services change or should any other information provided in the application change, the service provider must file an amendment to the application within 30 days of the change.

(2) A service provider may file up to three amendments during the term of the original service permit. All amendments must comply with the requirements of this chapter. Failure to comply with the requirements of this chapter may result in revocation of the service permit. Granting of an amendment shall not extend the term of the service permit.

(3) Fees for filing an amendment shall be established by resolution of the City Council.

(F) Term and renewal. Any service permit, including any amendments, issued under the provisions of this chapter shall be valid for three months from the date of issuance and may be renewed as provided below. An application for renewal shall be made within 30 days from the date of expiration of the then current service permit.

(Ord. 2833 § 4, 2006; Ord. 2619 § 3, 2002.)

Every application provided for under this chapter shall be accompanied by a fee of $20, or as determined according to a fee schedule established by Council resolution, to cover administrative processing.

(Ord. 2833 § 4, 2006; Ord. 2619 § 3, 2002.)

Except as otherwise provided by law, no individual or organization may engage in the provision of any services on public property, except services provided at occasional events, without first having received a service permit.

(Ord. 2619 § 3, 2002.)

Every service permit provided for under this chapter shall, at all times that the services authorized by such permit are being provided, be prominently displayed in the service area and displayed to any city official or officer upon request.

(Ord. 2619 § 3, 2002.)

An officer or designee of the Parks and Community Services Department may visit any service provider holding a service permit under this chapter from time to time, to examine the sanitary conditions of the service area and surrounding neighborhood and to determine whether the provisions of this chapter and/or the service permit are being complied with. The officer or designee of the Park's and Community Services Department shall have the right of access during all reasonable times and hours that the services are provided.

(Ord. 2833 § 4, 2006; Ord. 2619 § 3, 2002.)

Any individual or organization who violates any section in this chapter is guilty of a misdemeanor which shall be punishable by a fine of not more than $1,000 or by a prison term not exceeding six months, or both. The City Attorney, City Prosecutor, or District Attorney shall have the authority to prosecute any violation of this section as an infraction in the interests of justice. Additionally, the court may determine that the offense is an infraction in which event the case shall proceed as if the defendant has been arraigned on an infraction complaint. Such individual or organization shall be deemed guilty of a separate offense for each day during which any violation of this chapter is committed or allowed to exist. Payment of any penalty shall not relieve an individual or organization from the responsibility of correcting the violations.

(Ord. 2619 § 3, 2002.)

(A) Revocation. The Parks and Community Services Department may authorize officers of the Parks and Community Services Department to monitor any service provider authorized to provide services under a service permit, pursuant to § 5.52.080. Those officers or designees of the Parks and Community Services Department authorized to monitor services and service providers shall have the power to revoke the service permit temporarily, pending an appeal as provided for in § 5.52.110, if the authorized officers or designees find any one of the following facts exist:

(1) The individual or organization operating under the service permit has failed, neglected, or refused to fulfill any or all of the conditions imposed pursuant to this chapter.

(2) The individual or organization operating under the service permit has allowed the services to be conducted in a manner which violates any law or regulation established by the ordinances of the city or the laws of the state.

(3) The individual or organization operating under the service permit has allowed the services to be conducted in a disorderly or dangerous manner.

(4) The services actually provided exceed the scope of approval for the service permit as described in the application and the service provider has not filed an amendment to the application within the proscribed time limit.

(B) Revocation-notice. The Parks and Community Services Department shall give written notice to the individual or organization that their service permit has been temporarily revoked pending an appeal, by depositing the notice, by certified mail, in the United States Post Office at Corona, California, postage prepaid, addressed to such individual or organization at the address on the application. The notice shall include a statement informing the individual or organization that their service permit has been temporarily revoked, written reasons for the revocation, that the individual or organization has the right to appeal the revocation and a statement informing the individual or organization that the temporary revocation will become permanent if an appeal is not filed within ten days of receiving this notice.

(C) Revocation-permanent. The service provider has ten days from the date notice is received to appeal the revocation as provided for in § 5.52.110. If the service provider does not appeal the temporary revocation within that time frame, the service permit shall be revoked permanently. A service provider may not apply for a new or additional service permit for six months after permanent revocation of a service permit.

(Ord. 2619 § 3, 2002.)

(A) Appeal to City Manager. Any individual or organization whose service permit has been temporarily revoked or whose application has been denied, may appeal the matter to the City Manager or his or her designee. Notwithstanding the foregoing, if required by applicable law, the appeal shall be heard by a neutral, third-party arbitrator selected by the parties. Each party shall be responsible for paying one-half of the arbitrator's fee.

(B) Hearings-notice. An appeal from a decision of the Parks and Community Services Department to revoke or deny a service permit must be presented in writing to the City Clerk and to the Parks and Community Services Department, along with a statement providing the reasons for such appeal, within ten calendar days of the date of receiving notice of the temporary revocation or denial of the service permit. Failure to appeal within ten calendar days shall result in permanent revocation of the service permit or final denial of the application. Any appeal filed shall be heard at a date and time that is mutually agreeable to the parties, but not more than 15 calendar days from the date the City Clerk receives the request for appeal. The City Clerk shall give notice to the appellant of the time, date, and place of the hearing by serving him or her personally or by depositing the notice, by certified mail, in the United States Post Office at Corona, California, postage prepaid, addressed to such individual or organization at the address on the application.

(C) Hearings-determinations. The person hearing the appeal shall be provided with all relevant documents concerning the appeal. They shall hear the appellant and the Parks and Community Services Department and shall consider all evidence relating to the issuance, denial, or revocation of the service permit. Any interested party may participate in the hearing and present evidence. After the hearing is concluded, the hearing the appeal shall determine the appeal and prepare a statement of decision and findings of fact. A decision shall be rendered within 72 hours after the date of the hearing; provided, however, that the person hearing the appeal may continue the matter for a period of more than 72 hours upon the mutual agreement of the parties. All determinations of the person hearing the appeal are final, unless appealed to the City Council pursuant to § 5.52.120. No such determination shall conflict with any substantive provision of this chapter.

(Ord. 2833 § 4, 2006; Ord. 2619 § 3, 2002.)

(A) Appeal to City Council. Any individual or organization aggrieved by a decision of the person hearing the appeal with reference to the denial or revocation of a service permit may appeal the matter to the City Council. Such appeal shall be presented in writing to the City Clerk and the Parks and Community Services Department, along with a statement providing the reasons for such appeal, within ten calendar days of the date of the decision.

(B) Hearing-notice. Unless extended by mutual agreement of the parties, any appeal filed shall be heard by the City Council within 30 calendar days from the date the City Clerk and the Parks and Community Services Department receive the request for appeal. The City Clerk shall give notice to the appellant of the time, date, and place of the hearing by serving him or her personally or by depositing the notice by certified mail in the United States Post Office at Corona, California, postage prepaid, addressed to such individual or organization at the address printed on the application.

(C) Hearing-evidence. The City Council shall be provided with all relevant documents introduced at the hearing as well as the statement of decision and any findings of fact prepared by the person hearing the initial appeal. The City Council's review of the matter shall be limited to the evidence presented before the person hearing the initial appeal. No additional evidence shall be presented. The City Council shall have the power to revoke or deny any service permit if it finds any of the following facts exist:

(1) The individual or organization operating under the service permit has failed, neglected, or refused to fulfill any or all of the conditions imposed pursuant to this chapter.

(2) The individual or organization applying for a service permit has failed, neglected, or refused to supply any or all information or fees required for the application.

(3) The services actually provided exceed the scope of approval for the service permit as described in the application and the service provider has not filed an amendment to the application within the proscribed time limit.

(D) Hearing-determination. The City Council shall no later than 15 days after the conclusion of the hearing, make findings of fact and either revoke, deny, or grant the service permit. The City Council shall state the facts upon which its decision is based. A copy of said resolution shall be served by United States mail upon the appellant and all parties to the hearing requesting the same.

(Ord. 2833 § 4, 2006; Ord. 2619 § 3, 2002.)

This chapter shall be effective 60 days after the date of adoption.

(Ord. 2619 § 3, 2002.)