Diamond Bar Municipal Code Ch. 5.04 Supplemental Procedures Required for Specific Businesses

(a) Upon receipt of an application for one of the following businesses, the director or his or her designee shall conduct an investigation and criminal background check on the applicant(s), and managerial staff as deemed necessary by the director, and may obtain reports from the sheriff's department, building and safety, fire department, county health department, and any such other information as he or she deems necessary to determine if the criteria for issuance of a business license have been met:

(1) Adult oriented businesses (as defined in section 22.80.020 of this Code).

(2) Alarm systems.

(3) Alcoholic beverage sales (off-site consumption).

(4) Bars, cocktail lounges and taverns.

(5) Computer services/network gaming center (as defined in section 22.80.020).

(6) Firearm dealers.

(7) Indoor amusement/entertainment facilities (as defined in section 22.80.020).

(8) Massage establishments.

(9) Pawnbrokers and secondhand dealers.

(10) Peddling-solicitation entering private property.

(11) Psychic reading (as defined in section 22.80.020 of this Code).

(12) Tow trucks and towing companies.

(Ord. No. 09(2007), § 1, 12-4-07; Ord. No. 01(2010), § 5, 1-19-10; Ord. No. 02(2010), § 5, 2-2-10; Ord. No. 06(2016), § 2, 11-1-16; Ord. No. 01(2019), § 1, 1-15-19)

(a) In addition to the application requirements listed in section 5.00.040(c), applications for a business license for the businesses listed in this chapter shall include, as applicable:

(1) The name and permanent address of all persons having a financial interest in the operation of the business or premises where the business is to be located;

(2) A detailed description of the proposed business and services provided, including whether food, beverages or alcohol will be served on the premises, and any further information about the business, as the director may deem necessary;

(3) The name or names of the person or persons responsible for the management or supervision of applicant's business;

(4) Whether or not the applicant or any person or persons responsible for the management or supervision of applicant's business have been within the previous ten years, convicted of a crime, the nature of such offense, and the sentence received therefore including conditions of parole or probation, if any;

(5) Whether or not the applicant has ever had any permit or license issued in conjunction with the operation of a business revoked, including the date thereof and name of the revoking agency;

(6) Documentation showing that the premises is in full compliance with Title 22, Development Code; and

(7) Such other reasonable information as the director may deem necessary.

(b) Where the applicant is a corporation, association, partnership, or other legal entity, applicant shall mean each partner, officer, director and each shareholder owning or controlling more than 10% of such entity.

(Ord. No. 09(2007), § 1, 12-4-07; Ord. No. 06(2016), § 3, 11-1-16)

Once a completed application for one of the businesses listed in section 5.04.010 is received and the applicant pays the prescribed application fee, the director or his or her designee shall initiate an investigation and criminal background check of the applicant(s), and managerial staff as deemed necessary by the director, which may require the individuals to be fingerprinted and to provide a copy of a valid photo identification. The purpose of this investigation is to assist the director in determining if the business license should be granted.

(Ord. No. 09(2007), § 1, 12-4-07)

Business license applications for businesses listed in section 5.04.010 shall be subject to the approval of the director or his or her designee.

(Ord. No. 09(2007), § 1, 12-4-07)

(a) Except as otherwise provided in this title, the director may deny an application for a business license or renewal license for any of the following causes arising from the acts or omissions of the applicant or licensee:

(1) Fraud, misrepresentation, or false statement in applying for a new or renewed license or in any report or record filed with the city;

(2) Any relevant violation of this Code;

(3) A violation of the conditions or restrictions of the previous business license in the case of a renewal;

(4) Conviction of any crime within the past ten years where the trait shown is inconsistent with carrying on the business, occupation, or activity for the benefit of the public;

(5) Conducting the business, occupation, or activity for which the license is issued in a manner determined to constitute an immediate threat or menace to the health or safety of the public. Failure to correct objectionable conditions constituting a public nuisance within a reasonable time after lawful notice from a governmental entity shall be prima facie proof thereof;

(6) Failure to abide by the disciplinary action imposed by the appropriate city officer.

(Ord. No. 09(2007), § 1, 12-4-07; Ord. No. 06(2016), § 4, 11-1-16)

(a) Limitation on new applications. If an applicant's business license application for a particular business activity has been denied, the city shall not process a new application by that applicant for that business activity for a 12-month period after the date of the decision to deny unless the director determines that the reason for the denial has been cured and no longer exists.

(b) Appealability. Any person dissatisfied by the city's decision to grant, deny or condition a business license may appeal that decision to the city manager in a manner provided in section 5.04.080.

(Ord. No. 09(2007), § 1, 12-4-07; Ord. No. 06(2016), § 5, 11-1-16)

(a) Right to condition new license. The director, or his or her designee, may condition any new business license if he or she finds that the conditions relate to the anticipated impacts of the business and are reasonably necessary to mitigate those impacts.

(b) Application to change conditions. The director may change, modify or eliminate any conditions previously placed on a license upon written request if it finds that the reasons for the original imposition of such conditions have been cured or no longer exist.

(Ord. No. 09(2007), § 1, 12-4-07; Ord. No. 06(2016), § 6, 11-1-16)

(a) Any person dissatisfied with a decision of the city to approve, deny or condition a business license application may appeal the decision to the city manager by filing with the city clerk a notice of appeal within 15 days of the date of mailing of the decision.

(b) A notice of appeal shall be signed by the appellant or the legal representative of the appellant and shall state that the appellant appeals from a specified decision or a particular part thereof. The notice of appeals shall be accompanied with the required appeal fee, as set by resolution of the city council.

(c) If a timely appeal is filed, the effect of the decision shall be stayed pending the city manager's resolution of the matter unless the director specifically finds that the public health and safety is endangered, in which case the decision shall take effect immediately.

(Ord. No. 09(2007), § 1, 12-4-07; Ord. No. 06(2016), § 7, 11-1-16)

Upon receipt by the city clerk of a timely notice of appeal, a public appeal hearing shall be noticed and set for public hearing in a manner consistent with section 5.04.120.

(Ord. No. 09(2007), § 1, 12-4-07)

(a) The city manager shall conduct the appeal hearing de novo and shall hear and consider evidence, argument and points and authorities of law, and may require parties before it to submit such argument and points and authorities of law prior to rendering any decision. The hearing will be held as provided in section 5.04.130.

(b) The decision of the city manager shall be final.

(Ord. No. 09(2007), § 1, 12-4-07; Ord. No. 06(2016), § 8, 11-1-16)

Any license issued by the city may be conditioned, modified, suspended or revoked for cause by the director in accordance with section 5.04.140.

(Ord. No. 09(2007), § 1, 12-4-07; Ord. No. 06(2016), § 9, 11-1-16)

Notice of the time and place of the public hearing shall be served at least ten days prior to the hearing on the applicant and upon all owners and tenants of the properties within 500 feet of the exterior boundaries of the business premises in the manner specified in section 1.00.120 of this Code.

(Ord. No. 09(2007), § 1, 12-4-07)

(a) The licensee or legal representative of the licensee shall have the right to bring witnesses to testify on his or her behalf.

(b) Hearings need not be conducted according to technical rules relating to evidence and witnesses.

(c) The director/city manager shall issue a decision in writing. The decision shall contain a determination of the issues presented.

(d) Appeals of the director's decision shall follow the appeal procedures set forth in sections 5.04.080 through 5.04.100.

(Ord. No. 09(2007), § 1, 12-4-07; Ord. No. 06(2016), § 10, 11-1-16)

The director may condition, suspend or revoke a business license if the director finds any of the following:

(a) The applicant for the business license made a false statement in any application for a license or permit or in any report required under this title;

(b) That any grounds or circumstances exist that would have justified denial of a business license application;

(c) The licensee, manager or employees have failed to maintain the premises in a neat and clean condition and have allowed the business premises to deteriorate and become blighted;

(d) That the building, structure, or equipment used in the conduct of the business does not comply with or fails to meet any health, zoning, fire, or building and safety laws of the State of California or the Diamond Bar Municipal Code;

(e) That the licensee, manager or employees have violated any statute or any ordinance of the Diamond Bar Municipal Code resulting from any act performed in the exercise of any rights permitted by the issuance of the license;

(f) That the licensee, manager or employees have violated any provision of federal or state law or any provision of the City of Diamond Bar Business License Ordinance, the City of Diamond Bar Municipal Code or any other statute, rule, permit or regulation on the business premises or relating to the licensed activity;

(g) That the licensee has failed or refused to notify the city of any change in facts as required by this title within ten days after such change;

(h) That the licensee, manager or employees have permitted, allowed or failed to prevent the use of the business as a base or magnet for unlawful or criminal activity, including, but not limited to, solicitation, prostitution and drug trafficking;

(i) The licensee, manager or employees have allowed or failed to discourage criminal or otherwise unlawful activity to occur on or immediately adjacent to the business premises;

(j) The licensee, manager or employees have failed to control the actions of the businesses' patrons in and immediately adjacent to the business premises; or

(k) That the licensee has conducted the licensed business in a manner contrary to the peace, health, safety and the general welfare of the public.

(Ord. No. 09(2007), § 1, 12-4-07; Ord. No. 06(2016), § 11, 11-1-16)

(a) No business license fee refunds shall be issued to any licensee upon revocation or suspension of a business license.

(b) Upon revocation of any business license for cause under this chapter, no business license to operate the same business activity shall be granted to the same person, corporation, association, partnership, or other legal entity within one year after such revocation.

(c) Whenever a license is suspended or revoked, the sheriff shall take into possession the business license for the subject business activity. The licensee shall surrender the business license, license stickers, or similar evidence of a license to the director or sheriff.

(d) Upon revocation or suspension of a business license, the licensee shall cease operation of the business activity immediately. Except as otherwise provided, in the event that the license is suspended, the licensee may resume operation once the suspension period has expired.

(Ord. No. 09(2007), § 1, 12-4-07)