Diamond Bar Municipal Code Ch. 5.08 Operating Requirements for Specific Businesses Regulated

Editor's note— Ord. No. 06(2016), § 11, adopted November 1, 2016, repealed § 5.08.010, which pertained to acupressure. See Code Comparative Table for complete derivation.

(a) Adult oriented business shall be as defined in section 22.80.020 of this Code.

(b) In addition to the information required in section 5.04.020, an application for an adult oriented business license shall include the following information:

(1) In the event the applicant is not the owner of record of the real property upon which the adult business is, or is to be located, the application must be accompanied by a notarized statement from the owner of the property acknowledging that an adult business is or will be located on the property. In addition to furnishing such notarized statement, the applicant shall furnish the name and address of the owner of record of the property, as well as a copy of the lease or rental agreement pertaining to the premises in which the adult business is or will be located.

(2) Proof that the applicant has complied with the requirements of section 22.42.020 of this Code.

(c) Notwithstanding the provisions of this title, the director shall approve an application for an adult oriented business unless he or she finds that one of the grounds for denial set forth in section 5.04.050 exist. The director shall approve or deny an application for an adult business license within 30 days of the filing of a complete application.

(d) The director's decision may be appealed to the city council as provided in section 5.04.080. The hearing on the appeal shall be held at the next regularly scheduled city council meeting following the timely filing of a complete appeal unless the applicant requests an extension; in no event shall the hearing on appeal take place more than 30 days after the date on which a timely and complete notice of appeal is received unless the applicant requests a further extension.

(e) In the case of an appeal by a person other than the applicant or permit holder, the permit holder may continue to conduct the business during the pendency of any appeal.

(f) Notice of the public hearing on the appeal shall be given as provided in section 5.04. 090.

(g) The city council shall announce its decision within a reasonable time, but not to exceed 30 days, following the close of the public hearing, unless good cause is shown for the extension of time and the applicant or opponent or both are notified of this extension and the reasons therefore. The city council's final action shall be taken by resolution and notice thereof shall be given by mail to the applicant/permit holder or appellant, or to both if they be different parties.

(h) Operating requirements:

(1) The licensee shall not permit any doors on the licensed premises to be locked during business hours and, in addition, the licensee shall be responsible for ensuring that any room, area or booth on the licensed premises shall be readily accessible at all times and shall be open to view in its entirety for inspection by any law enforcement officer.

(2) The business shall employ a person on the premises to act as manager at all times during which the adult business is open.

(3) The business shall comply with all requirements for an adult-oriented business set forth in chapter 22.42 of this Code.

(Ord. No. 09(2007), § 1, 12-4-07)

(a) [Definitions.] The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1) Alarm owner means the person that owns, operates, leases, rents, uses or makes available for use by his agents, employees, representatives or family, any alarm system.

(2) Alarm system means any mechanical or electrical device, whether known as a burglary, robbery or intrusion alarm, medical assistance alarm, direct dial telephone device, audible or silent alarm or by any other name, an alarm that is used for the detection of a fire, intrusion into a building, structure or facility, or to signal the commission of an unlawful act, or the existence of any other emergency situation. It shall include those devices which emit a signal within the protected premises only, are supervised by the proprietor of the premises where located, and are otherwise known as "proprietary alarm systems." Auxiliary devices installed by a telephone company to protect telephone company systems which might be damaged or disrupted by the use of an alarm system are not included in this definition.

(3) Audible alarm means an alarm system which, when activated, emits an audible sound in the vicinity of the protected premises.

(4) Direct dial device means a device which is connected to a telephone line and upon activation of an alarm system, automatically dials a predetermined telephone number and transmits a message or signal.

(5) False alarm means an alarm signal activated by causes other than the existence of an emergency situation or commission or attempted commission of an unlawful act, which the alarm system is designed to detect, and results in a response by the sheriff to the alarm location. An alarm signal activated by violent conditions of nature or other extraordinary circumstances not subject to the control of the alarm owner shall not constitute a false alarm.

(b) Direct dial telephone devices. No person shall use any alarm system which is equipped with a direct dial device, and which when activated, automatically dials any telephone number in any office of the sheriff.

(c) Audible alarms—General requirements. The alarm owner of each audible alarm shall post in a conspicuous location outside the premises where the alarm is located the names and telephone numbers of persons to be notified to render repairs or service during any hour of the day or night during which the audible alarm is operated. An audible alarm shall terminate its sound, or shall automatically reset, within 30 minutes of activation.

(d) Prohibited sounds. No alarm system shall be installed or used which emits a sound which is similar to that of an emergency vehicle siren or a civil defense warning system.

(e) False alarm. A person shall not knowingly turn in a report of a false alarm. This section does not prohibit a test of an alarm system as permitted in advance by the sheriff.

(f) Repair. After any false alarm, the alarm owner shall, upon request by the sheriff, submit a written report to the sheriff, describing actions taken or to be taken to eliminate the cause of the false alarm. This report shall be submitted within ten days of the date of request by the sheriff.

(g) Notification of test. An alarm owner shall notify the sheriff prior to any service, test, repair, maintenance, alteration, or installation of an alarm system which might produce a false alarm.

(h) Maintaining a public nuisance alarm.

(1) Any alarm system that generates three or more false alarms in any 12-month period shall be deemed to be a public nuisance alarm. A service charge in an amount prescribed by resolution of the city council shall be charged to an alarm owner of a public nuisance alarm system for each subsequent false alarm.

(2) After each false alarm, the city shall notify the alarm owner in writing of the date and time that the sheriff responded to the false alarm. The alarm owner shall also be notified in writing in each instance of the number of false alarms of record attributed to that alarm system within the previous 12-month period. The alarm owner shall further be informed in writing of the provisions of this section and of any service charge or other penalties to be imposed.

(3) Within ten days from the date of such notice, the alarm owner may present written evidence to the sheriff that the alarm response in question was not in fact a false alarm as defined herein, or that there was a justifiable reason for the activation of the alarm. If no such response is made by the alarm owner within the ten-day period, the sheriff's determination that the alarm was false shall be final. Within ten days of receipt of written evidence from an alarm owner, the sheriff shall render a decision which decision shall be final.

(i) Exemptions. The provisions of this section are not applicable to audible alarms affixed to motor vehicles or to a public telephone utility whose only duty is to furnish telephone service pursuant to tariffs on file with the state public utilities commission. No false alarms shall be counted against an alarm owner that were the result of an act of God, natural disaster, or interruptions of electrical service not due to the alarm owner.

(j) Penalties. Any person violating subsections (b) through (e) shall be deemed to have committed a misdemeanor as provided in section 1.04.010(a).

(k) Civil remedies available. Violation of any of the provisions of this section shall constitute a nuisance and may be abated in the name of the city in any court of competent jurisdiction through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.

(l) Enforcement.

(1) The amount of any service charge shall be deemed a debt to the city. All service charges shall be deemed delinquent 15 days after they are due and payable.

(2) Pursuant to Government Code § 38773, the city may recover any and all costs incurred in abating a violation of this section including the imposition of a lien against the property on which the nuisance is maintained.

(3) Prior to the recordation of a lien against property for the recovery of abatement and other related administrative costs, the city, in accordance with Government Code § 38773.1 or 38773.5, shall provide written notification, by registered or certified mail, to the property owner that a lien will be assessed against their property and such costs will constitute a lien upon the land until paid.

(Ord. No. 09(2007), § 1, 12-4-07)

(a) For purposes of this chapter, bars, cocktail lounges and taverns shall mean businesses as defined in section 22.80.020 of this Code.

(b) In addition to the information prescribed by section 5.04.020, the application for a license for a bar, cocktail lounge or tavern shall include:

(1) The complete standard regulatory business license application including the names and addresses of all responsible operators, managers, and property owner;

(2) A certified copy of all valid alcohol beverage control (ABC) permits, licenses, and conditions of operation;

(3) Security plan requirements. Applicants for businesses that serve alcohol with an occupancy load of 50 or greater are required to submit a security plan. All submitted security plans shall be reviewed and are subject to the approval of the director or his or her designee; and

(4) A set of plans stamped "approved" by the Los Angeles County Fire Department which identifies the use and the square footage of the establishment.

(c) Operating requirements.

(1) Manager required. Any bar, cocktail lounge or tavern shall have a responsible person on the premises to act as manager and supervise employees and independent contractors at all times during which the business is operating.

(2) Facility operators. Licensees shall maintain their operations pursuant to the security plan approved by the community development director and within the standards required by the department of alcoholic beverage control.

(3) Display of licenses. The business owner shall display the business license in a prominent and visible location.

(4) Complaints. An employee of each business owner licensee shall be appointed to address, during hours of operation, all complaints. The name and phone number of the employee shall be posted adjacent to the business license. The business owner licensee shall make reasonable efforts to address each complaint. The licensee shall keep a log of all complaints and follow-up and shall make the information available to city staff upon request.

(5) Alcoholic beverages. All new employees of business owner licensees serving alcohol to patrons shall enroll in a certified training program for the responsible service of alcohol. The training shall be offered to new employees on no less than a quarterly basis.

(6) Merchandise sales. No business owner licensee shall sell merchandise except inside the establishment.

(7) Open doors. No door of any business may be propped open after 6:00 p.m., except for the period during which goods are being delivered to the establishment, and then only if continuously attended by an employee of the business owner.

(8) Designated driver signs. Signs recommending the use of a "designated driver" shall be posted at all bar areas and at the entrance and exits to the establishment. The signs shall measure at least six inches by six inches.

(9) Joint responsibility for violations and noise control. Violations of this subsection (c) and violations of the noise control ordinance set forth in chapter 8.12 of the Diamond Bar Municipal Code by either the business owner promote, shall be grounds for revocation of the business license.

(10) All security personnel must have a California Guard Card and/or must possess a certificate of completion from a Penal Code 832 course instruction within six months of employment.

(Ord. No. 09(2007), § 1, 12-4-07; Ord. No. 01(2010), § 6, 1-19-10; Ord. No. 02(2010), § 6, 2-2-10)

(a) Short-term occupancy and short-term rental shall have the same meanings as provided in title 22, Development Code.

(b) It is a violation of this Code for an owner or lessee of property or any agent thereof, to rent a dwelling unit or any portion thereof, for short-term occupancy or as a short-term rental as such terms are defined in subsection (s) of section 22.080.020.

(c) It is a violation of this Code for an owner or lessee of property or any agent thereof, to place or permit to be placed, any printed or lettered announcement, whether in a magazine, newspaper, handbill, notice, display, billboard, poster, email, Internet website or application, or any other form of advertisement for a short-term occupancy or short-term rental in a zoning district in which such uses are not permitted.

(d) Violation of this section shall constitute a misdemeanor as set forth pursuant to section 1.04.010.

(Ord. No. 04(2022), § 2, 12-6-22)

(a) [Definitions.] For purposes of this chapter, the following terms shall have the following meanings:

(1) Engages in the business means the conducting of a business by selling, leasing, or otherwise transferring, for a consideration, any firearm, firearm munition or firearm ammunition component; or the holding of one's self out as engaged in the business of selling, leasing or otherwise transferring for a consideration any firearm, firearm munition, or firearm ammunition component in quantity, in series, or in individual transactions, or in any other manner indicative of trade.

(2) Firearm shall include, without limitation, any revolver, pistol or any other device designed to be used as a weapon or modified to be used as a weapon, that expels a projectile by the force of an explosion or other form of combustion.

(3) Firearm ammunition means any cartridge or encasement containing a bullet or projectile, propellant or explosive charge, and a primer which is used in the operation of a firearm.

(4) Firearm ammunition component means any cartridge or encasement, bullet or projectile, primer or propellant or explosive material used to manufacture ammunition.

(5) Firearm dealer means any person who engages in the business of selling, leasing or otherwise transferring for a consideration to members of the public any new or used firearm, as well as any firearm ammunition or any firearm munition component.

(b) Application information.

(1) License form. Any license issued to operate as a gun dealer shall be on a form approved by the city.

(2) Application form. Notwithstanding any other provision of this chapter, every applicant for a gun dealer license shall fill out the application form prescribed by the California State Attorney General in addition to the city's application for a business license.

(c) Minimum criteria for issuance of a license. In addition to the applicant's compliance with all other requirements of this title, a background check and recommendation pertaining to the applicant, and the applicant's existing and prospective manager(s) and employee(s) will be referred to and conducted by the director and the sheriff's department. In addition to compliance with all the requirements of this title and obtaining a favorable background recommendation from the Los Angeles County Sheriff's Department, the applicant must meet the following criteria:

(1) The applicant, and any existing or prospective manager and employee, must be at least 21 years of age.

(2) The applicant must be properly licensed as required by all applicable federal and California laws.

(3) The applicant, or any existing or prospective manager or employee, must not have had a similar type of license previously revoked or denied for good cause within the immediately preceding two years prior to the license application.

(4) The applicant, and any existing or prospective manager and employee, must not have been convicted of:

a. Any offense so as to disqualify the applicant, manager or employee from owning or possessing a firearm under applicable federal and California laws;

b. Any offense relating to the manufacturing, sale, possession, use or registration of any firearm or other dangerous or deadly weapon;

c. Any offense involving the use of force or violence upon the person of another;

d. Any offense involving theft, fraud, dishonesty or deceit;

e. Any offense involving the manufacture, sale, possession or use of any drug or controlled substance itemized on any schedule pertaining to drugs and other controlled substances of the California Health and Safety Code.

(5) The applicant, or any existing or prospective manager or employee, must not have been adjudicated to be mentally incompetent, or have been committed to a mental institution.

(6) The applicant must demonstrate that:

a. The location for which the license is sought is not located within 500 feet of a public or private day care center or school, or a public park.

b. The location for which the license is sought is not located within 500 feet from any other premises operated by a gun dealer licensee.

(7) The applicant must provide a copy of each of the following:

a. Valid federal firearms license;

b. Valid seller's permit issued by the state board of equalization; and

c. Valid certificate of eligibility issued by the department of justice.

(d) Issuance of license subject to conditions. Any and all licenses granted pursuant to this chapter are subject to the following conditions, in addition to any conditions imposed by the director, breach of any of which subjects the license to revocation:

(1) The business activity shall be carried on only in the building designated in the license, which shall be located in a properly zoned commercial district, unless the gun dealer qualifies as a home occupation under federal and state law and is in full compliance with the home occupation provisions contained in the Diamond Bar Zoning Ordinance. In no event shall a licensee, operating as a home occupation, store or maintain firearms, ammunition, or any firearms ammunition component within the residential dwelling in which the business is being conducted. Notwithstanding any other provision of this title, a license under this chapter shall be required for gun dealers operating as a home occupation.

(2) If the applicant is not the owner of record of the building within which, and the real property upon which, the gun dealer business is to be located and conducted, then he or she shall obtain prior written consent from the owner of record of such building and real property to operate a firearm dealer business, and such written consent from the owner of record shall be attached to the city's business license application.

(3) All federal, California and city-issued licenses, permits or copies thereof, certified by the issuing authority, shall be posted in a conspicuous manner on the premises in which the business is being conducted.

(4) No firearm, firearm ammunition or reproduction of either advertising the sale, lease or transfer, for a consideration of either, shall be displayed in any part of the premises where it can readily be seen from the outside.

(5) The licensee shall maintain on the licensed premises accurate records of all firearm and ammunition sales, as well as a complete inventory of all firearms in stock, by classification and serial number, for a period of not less than three years.

(e) The records required by this section pertaining to the recordation of firearm and ammunition sales shall indicate:

(1) The date that the purchaser purchased the firearm(s) and/or ammunition;

(2) The purchaser's name, address and date of birth;

(3) The purchaser's driver's license number or other identification number and state where issued;

(4) The make, brand, model and/or type of firearm(s) purchased;

(5) The brand of ammunition purchased;

(6) The type and amount of ammunition purchased;

(7) The purchaser's thumbprint, from both the right hand and left hand; and

(8) The purchaser's signature.

(f) This information required by this section shall be recorded at the time of purchase and shall be maintained in a log book in a form substantially as follows:

Ammunition/Firearm Sales Records Log

Store: ________

Date Name Address Date of Birth Driver's License/ID Number and State Firearm Make/Brand/Model/Type Purchased Ammunition Brand and Amount Purchaser's Signature

(g) The licensee's firearm and ammunition sales records and firearm and ammunition inventory records shall be open to inspection at the request of the city or the Los Angeles County Sheriff's Department.

(h) The licensee shall also provide the city with an annual report of the gross revenue received during the previous year itemized by the quantity and classification of firearms and ammunition sold on a form provided by the city signed under penalty of perjury.

(i) The licensee shall not sell, lease or otherwise transfer for any consideration any firearm:

(1) Within 15 days of the application for the purchase, or, after notice by the department of justice ("department") pursuant to Penal Code § 12076, within 15 days of the submission to the department of corrected copies of the register, or, within fifteen days of the submission to the department of any fee required pursuant to Penal Code § 12076, whichever is later.

(2) To any person who is forbidden by city, state or federal law from buying or possessing a firearm.

(3) Whenever the dealer is notified by the department of justice that a purchaser is in a prohibited class described in Penal Code § 12021 or 12021.1 or Welfare and Institutions Code § 8100 or 8103.

(j) The licensee shall provide all firearm purchasers comprehensive instructions, prepared by the licensee and approved by the city, pertaining to the use, maintenance, storage and safety precautions relating to the firearm purchased.

(k) The licensee shall comply with all security measures imposed by the license issued pursuant to this chapter upon recommendation of the Los Angeles County Sheriff, including but not limited to locks, lighting, alarms, storage and access to firearms.

(l) The licensee shall comply with all applicable sections of the California Penal Code, including but not limited to Sections 12071, 12072, 12073, 12076, 12077 and 12316.

(m) The licensee shall conduct a criminal background check on prospective manager(s) or employee(s).

(Ord. No. 09(2007), § 1, 12-4-07)

(a) Findings and purpose. The city council finds and declares as follows:

(1) The permit requirements and restrictions imposed by this section are reasonably necessary to protect the health, safety, and welfare of the citizens of the city, while recognizing massage as a legitimate business interest that provides benefits to its patrons in a therapeutic setting.

(2) The city is authorized to regulate massage establishments pursuant to the State Constitution, Cal. Gov't Code §§ 37100, 51030 et seq., California Business and Professions Code §§ 460, 4600 through 4620 and § 16000, § 13 of the Chiropractic Act (initiative measure approved by the electors November 7, 1922, and amended) and Section 7 of Article XI of the California Constitution.

(3) There is a significant risk of injury to massage clients by improperly trained and/or educated massage practitioners and this chapter provides reasonable safeguards against injury and economic loss.

(4) There is opportunity for acts of prostitution, lewdness, and other unlawful sexual activity to occur in massage establishments, as well as for the use of massage establishments as venues to facilitate human trafficking. Courts have long recognized massage as a pervasively regulated activity and that massage establishments are often brothels in disguise. The establishment of reasonable standards for issuance of permits and restrictions on operations would serve to reduce the risk of illegal activity and would thereby benefit the public health.

(5) The provisions of this section are intended to enhance the efficient processing of permits for massage establishments, owners and managers and the ongoing regulation of those permittees and certificate holders by the City of Diamond Bar. The provisions of this chapter in no way limit the authority of the city to inspect massage establishments or conduct investigations to ensure permittees are complying with applicable rules and regulations.

(6) The restrictions and requirements contained in this section are intended to stop the practice of businesses quickly changing ownership in name upon the discovery of criminal activity by the city.

(7) The restrictions and requirements contained in this section are intended to be in addition to the requirement of a valid business license issued pursuant to this title.

(8) The regulations and restrictions contained in this section are intended to discourage massage establishments from degenerating into houses of prostitution, and the means utilized in this section bear a reasonable and rational relationship to the goals sought to be achieved within the confines allowed by state law.

(9) The provisions of this section are not intended to be exclusive, and compliance therewith shall not excuse noncompliance with any state or local laws or regulations that are uniformly applied to other professional or personal service businesses.

(10) Pursuant to State law, the California Massage Therapy Council ("CAMTC") regulates massage technicians in order to protect the public, and it is in the public interest to require that all persons providing massage in the city have a certificate from CAMTC.

(b) Exceptions. Except as otherwise expressly provided, the requirements of this section shall have no application and no effect upon and shall not be construed as applying to:

(1) Treatment of services administered or provided in good faith by a physician, surgeon, chiropractor, acupuncturist, osteopath, physical therapist, nurse, or any other person licensed to practice any healing art under the provisions of Cal. Bus. & Prof. Code Div. 2 (commencing with § 500) while in the course of engaging in practices within the scope of his or her professional license.

(2) State-licensed hospitals, nursing homes, sanatoriums, or other health care facilities duly licensed by the State of California, or activities engaged in by the employees of such facilities in the course of their employment while working on the premises of such state-licensed facilities.

(3) The activities of coaches or trainers employed by accredited junior high schools, high schools, junior colleges, colleges or universities while acting within the scope of their employment.

(4) Barbers, beauticians, or manicurists who are duly licensed by the State of California pursuant to the Barbering and Cosmetology Act set forth in Cal. Bus. & Prof. Code § 7300 et seq., as the same may be amended from time to time, while engaging in practices within the scope of such license, except that this exemption applies solely for the massaging of the neck, face, and/or scalp of the customer or client of said barber or beautician or, in the case of a licensed manicurist, the massaging of the forearms, hands, calves, and/or feet at a state-licensed facility. Any business employing state-licensed barbers, beauticians, or manicurists at which massage services not otherwise exempted pursuant to this section are also provided shall be considered a massage establishment and must comply with all provisions of this section.

(5) Schools of cosmetology or barbering which comply with the requirements of Cal. Bus. & Prof. Code § 7362 et seq. when instructors are acting within the scope of their employment or when students are working as unpaid externs pursuant to the requirements of Cal. Bus. & Prof. Code § 7395.1.

(6) Activities of any other business or professions to the extent exempted by state law.

(c) Definitions. For purposes of this section, the following terms shall have the following meanings:

(1) Acupressure means the practice of placing physical pressure by hand, elbow, or with the aid of various devices on the same points on the surface of the body targeted in acupuncture with the intention of treating illness and/or disease or relieving pain.

(2) California Massage Therapy Council or CAMTC means the nonprofit organization created to regulate and issue massage practitioner and therapist certificates pursuant to California Business & Professions Code § 4600 et seq.

(3) CAMTC Certificate shall mean a certificate, issued by CAMTC, certifying completion of the required curriculum in massage training.

(4) Employee includes every owner, partner, operator, manager, supervisor, person and worker, whether paid or not, full-time or part-time, who renders personal services of any nature or is otherwise employed in support of the operation of a massage establishment. For purposes of this chapter, the terms employee shall also include certified massage technicians who provide massage services, whether as independent contractors or otherwise, in or for a massage establishment.

(5) Manager means any individual designated or permitted by the owner of a massage establishment to act as the representative and/or agent of the owner in managing day-to-day operations of the massage establishment, with corresponding responsibilities. Evidence of management includes, but is not limited to, the ability of the individual to direct or hire and dismiss employees, control hours of operation, create policy or rules or purchase supplies, and ensuring that the massage establishment complies with the requirements of this code and of other laws. An owner or operator may also be a manager, and a massage establishment may have more than one manager.

(6) Massage and massage services means any method of treating the external parts of the body for remedial, health, hygienic, or relaxation purposes for compensation and includes, but is not limited to, treatment by means of manual pressure, acupressure, friction, stroking, kneading, rubbing, tapping, pounding, vibrating, with or without the aid of or by means of any mechanical, electronic, or other apparatus, and with or without rubbing alcohol, liniments, aromatics, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations. Massage specifically includes the application of any of these methods to the scalp, neck, or feet of any individual.

(7) Massage establishment shall mean any business or establishment having a fixed location where any individual, firm association, partnership, limited liability company, corporation, or combination of individuals, offers, engages in, conducts, carries on or permits to be offered, engaged in, conducted or carried on, massage services or out-call massage within the city, including the residence or business office of a sole provider who provides massage services at such premises. Any type of business or establishment at which massage services are provided shall be considered a massage establishment for purposes of this chapter, regardless if the business holds itself out as something other than a massage establishment and/or offers or provides other types of products or services. Notwithstanding the foregoing, the residence or business office of a sole provider who only engages in out-call massage and does not provide massage services at such residence or business office shall not be considered a massage establishment.

(8) Massage practitioner means a person who is certified as such by CAMTC in accordance with the Massage Therapy Act.

(9) Massage technician shall mean a massage practitioner or massage therapist certified by CAMTC.

(10) Massage therapist means a person who is certified as such by CAMTC in accordance with the Massage Therapy Act.

(11) Massage Therapy Act means chapter 406 of the 2013-2014 Legislative Session, as the same may be amended from time to time.

(12) Operator means any individual with direct responsibility, in whole or part, for the ongoing operations of a massage establishment. An operator may, but need not, also be an owner or a manager.

(13) Out-call massage means the provision of massage services at a location other than at a massage establishment.

(14) Owner means any individual or entity that has a direct or indirect ownership interest of more than ten percent in a massage establishment or that is an officer, director, or limited liability company manager of such an owner. The term owner may include, without limitation, the sole proprietor of a sole proprietorship, any general or limited partner of a general or limited partnership, any member or manager of a limited liability company, any shareholder, officer, or director of a corporation, or any other person that has an ownership interest of more than ten percent in a massage establishment, whether as an individual, corporation, limited liability company, general partner, limited partner, shareholder, member, officer, director, or otherwise.

(15) Patron means an individual on the premises of a massage establishment for the purpose of receiving a massage.

(16) Sole provider means any legal form of business organization owned entirely by an individual massage technician, where such owner is the only individual who provides massage services for the business and that has no other employees or independent contractors that provide massage services for or on behalf of the business.

(d) CAMTC certificate and business license requirements for massage services.

(1) Except as otherwise provided in subsection (b), no individual shall engage in, conduct, carry on, practice or perform massage services within the city without first obtaining and thereafter maintaining a CAMTC certificate and presenting proof of such CAMTC certificate to the city in accordance with the provisions of this section.

(2) Except as otherwise provided in subsection (b), no person shall engage in, conduct or carry on, or permit to be engaged in, conducted, or carried on, in or upon any premises within the city, the operation of a massage establishment without first obtaining and thereafter maintaining a massage establishment business license pursuant to this section.

(3) No owner, operator, or manager of a massage establishment shall employ, retain, or allow any individual to perform massage services in the city unless such individual possesses a current and valid CAMTC certificate. For purposes of this section, an owner, operator, or manager employs, retains, or allows an individual to perform massage services if (i) that individual is an employee of the massage establishment, (ii) that individual's association with the massage establishment is that of an independent contractor who receives compensation for massage services provided to patrons of the massage establishment, or (iii) that individual receives a patron referral or referrals from the massage establishment for massage services and arranges in any way for compensation relating to such services to flow to such owner, operator, manager or massage establishment.

(e) Massage establishment business licenses generally.

(1) Where a conditional use permit is required pursuant to title 22, a business license application for a massage establishment shall be filed concurrently with the conditional use permit application. The business license for the massage establishment shall not be issued until the conditional use permit has been approved.

(2) Massage establishment business licenses issued pursuant to this chapter may not be assigned or transferred.

(3) The owner or operator of a massage establishment shall notify the director or his or her designee whenever there is a change in information which was required to be submitted in the initial or a renewal application for the massage establishment's business license. Such notification shall be in writing and made within ten business days of the change on a form provided by the city. If such change involves the addition of a new operator, manager, or employee who will be providing massage services, a true and correct copy of the individual's current CAMTC certificate and CAMTC-issued identification card shall be provided with the written notification form. If such change involves the addition of a new owner, operator, or manager, such individual shall not commence working at or for the massage establishment in such capacity until all background information required for such individuals pursuant to subsection 5.08.070(f) has been provided to the city, the city has completed a background investigation of the individual, and the director has determined that such individual has not engaged in prior conduct that would serve as the basis for denial of a business license for the massage establishment in accordance with this chapter.

(4) Each owner, operator, and manager of a massage establishment shall be responsible for the conduct of all employees and independent contractors working for or on behalf of the massage establishment. Failure of the employees or independent contractors to comply with the provisions of this chapter or the Massage Therapy Act may result in the issuance of criminal and/or administrative citations and shall be grounds for revocation of the massage establishment business license.

(5) Any requirement of this section applying to an owner or operator shall apply to each and every owner and operator of a massage establishment.

(f) Application information—Massage establishment businesses. In addition to the information prescribed by sections 5.00.040(c) and 5.04.020, unless waived by the director for good cause, all applications for a business license for a massage establishment must contain the following information and documents:

(1) The full name, home and business addresses, home and business telephone numbers, and email address of the responsible individual designated by the applicant to be the city's primary point of contact for the massage establishment and the business license. This individual shall be an owner or operator and shall complete and sign all application forms and provide all required information and documents on behalf of the applicant. By signing the application, this individual shall certify under penalty of perjury that all information contained in, and/or submitted as part of the application, including the personal background information pertaining to each individual owner, operator, manager, and employee, is true and correct. This individual shall also acknowledge that he or she, along with each other owner, operator, and manager, shall be responsible for the conduct of all employees (including independent contractors) on the premises of the massage establishment or while working on its behalf, and that violations of the provisions of this chapter shall be grounds for revocation of the business license.

(2) The legal name(s) of, and each fictitious business name used by, each owner and operator of the proposed massage establishment and what type of legal entity each is, i.e., whether a sole proprietorship, general partnership, limited partnership, limited liability company, corporation, or otherwise. Proof in the form of certified copies of an entities articles of incorporation, charter, articles of formation, certificate of limited partnership, dba filings, or other documents may be required by the director in his or her discretion. For corporations, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter together with the state and date of incorporation and the names and residence addresses of each of its current officers and directors, and of each shareholder or other person who has an ownership interest in the corporation. For limited liability companies, the name of the limited liability company shall be set forth exactly as shown in its articles or organization or other organizational document together with the state and date of organization and the names and residence addresses of each of its current officers, directors, and managers, and of each member or other person who has an ownership interest in the limited liability company. For partnerships, the application shall set forth the name and residence addresses of each of the partners, including limited partners. If one or more of the partners of a partnership is a corporation or limited liability company, the provisions of this subsection pertaining to corporations and limited liability companies shall apply.

(3) The precise name under which the massage establishment is to be conducted, along with the complete address and all telephone numbers of the massage establishment. No massage establishment shall operate under any business name or conduct business under any designation not specified in the business license.

(4) A scaled and dimensioned floor plan showing entrances, exits, windows, interior doors, restrooms, all other separately enclosed rooms (including, but not limited to, closets, storerooms, break rooms, and changing rooms), and the location of massage tables and chairs.

(5) A complete current list of the names and residence addresses of all current or proposed employees of the massage establishment and their respective jobs or positions.

(6) True and correct copies of the current CAMTC certificate and CAMTC-issued identification card for each employee/massage technician who will be providing massage services for or at the massage establishment (including independent contractors).

(7) The following personal information for each individual owner, operator, and manager of the massage establishment. The director may waive this requirement, in whole or in part, for any individual where it is shown to the satisfaction of the director that such individual will not be directly involved in the operation of the proposed massage establishment.

a. Full complete name and all aliases or fictitious names used within the last ten years;

b. The individual's current residential and business addresses, and a list of all previous residential and business addresses for a minimum of the last eight years;

c. Written proof of the individual's age, date of birth, height, weight, color of hair and eyes, and sex;

d. Two identification photographs and fingerprints;

e. The individual's complete business, occupation and employment history for the ten years immediately preceding the filing of the application, including, but not limited to, the names and addresses of any other massage establishments or similar businesses the individual has owned, operated, managed, provided massage services at, or worked at;

f. The complete massage permit history for the individual; whether the individual has had a permit or license to operate, manage, provide massage services at, or work at a massage establishment denied, revoked, or suspended in any jurisdiction; the reasons for any such denial, revocation, or suspension; and the business, activity, or occupation the applicant engaged in subsequent to such denial, revocation, or suspension;

g. A description of all criminal convictions, including pleas of nolo contendere, within the last ten years, including those dismissed or expunged pursuant to California Penal Code section 1203.4, but excluding traffic or infraction violations, and the date and place of each such conviction and reason therefor;

h. Such other information and identification deemed necessary by the sheriff's department.

(8) The name and address of the owner and lessor of the real property upon or in which the massage establishment is to be conducted. In the event the owner of the massage establishment is not the legal owner of the property, the application must be accompanied by a notarized acknowledgment from the owner of the property that a massage establishment will be located on his/her/its property, and that the massage establishment shall be subject to the provisions of this chapter, along with a copy of the lease, if applicable.

(g) Issuance or denial of a massage establishment business license. Upon receipt of a complete application for a massage establishment business license, the director shall conduct a background investigation, review the application and determine whether to issue, deny, and/or condition a business license in accordance with this title. In addition to the grounds for denial set forth in section 5.04.050, the director may deny an application for an initial or a renewal massage establishment business license if he or she makes any of the following findings:

(1) A massage establishment is not a permitted use in the proposed location or no conditional use permit for the massage establishment has been issued, if applicable, and the massage establishment does not possess legal nonconforming use status, pursuant to the provisions of title 22, Development Code.

(2) Within 12 months prior to the submittal of the application, the location of the proposed massage establishment has been the site of a massage establishment that was closed, either voluntarily or in response to action by the city, due to arrests for criminal activity, violations of this section, and/or notices pertaining to criminal activity, code violations, or business license suspension or revocation proceedings.

(3) Anyone who provides or will provide massage services for or at the massage establishment, does not possess a current and valid CAMTC Certificate.

(4) Any owner, operator, manager, or employee of the massage establishment has engaged in disqualifying conduct. Disqualifying conduct includes the following:

a. Within ten years preceding the date of filing of the application, the individual has been convicted in a court of competent jurisdiction of any of the following:

(i) A violation of any provision of law pursuant to which a person is required to register under the provisions of California Penal Code section 290;

(ii) Conduct in violation of California Penal Code sections 266h, 266i, 315, 316, 318, 653.22, 653.23, or 647(b);

(iii) An attempt to commit or conspiracy to commit any of the above mentioned offenses;

(iv) When the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of California Penal Code sections 415, 602, or any lesser included or related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes;

(v) Any crime committed while engaged in the management or ownership of a massage establishment or the practice of massage;

(vi) A violation of any offense involving the illegal sale, distribution or possession of a controlled substance specified in California Health & Safety Code section 11054, 11055, 11056, 11057 or 11058; or

(vii) Any offense under a statute of any state or ordinance of any city or county, which is the equivalent of any of the aforementioned offenses, including California Business & Professions Code section 4609(a).

b. Within ten years preceding the date of the filing of the application, the individual has had any massage establishment, operator, technician, practitioner, therapist, or trainee certificate, license, or permit issued by any state, local agency, or other licensing authority, including the CAMTC, denied, revoked, or suspended for any reason other than lack of sufficient education; or has had to surrender such a certificate, license, or permit as a result of pending criminal charges or administrative proceedings for suspension or revocation of any such certificate, license, or permit;

c. Within ten years preceding the date of filing of the application, the individual has been convicted in a court of competent jurisdiction of any of the following:

(i) Any crime, other than an infraction or those listed above, involving dishonesty, fraud, or deceit with the intent to substantially benefit himself or another, or substantially injure another;

(ii) Any crime, other than an infraction or crimes relating to those offenses listed above, where the crime or act is substantially related to the management or ownership of a massage establishment or the practice of massage, including a violation of the Massage Therapy Act;

(iii) Has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to California Penal Code sections 11225 through 11235, as the same may be amended from time to time, or any similar provisions of law in a jurisdiction outside the State of California; or

(iv) Has been found to be maintaining a nuisance in connection with the same or similar type of business; or

d. Within ten years preceding the date of filing of the application, the individual has engaged in the exposing of specified anatomical areas of oneself or of another person to view, or in touching the specified anatomical areas of oneself or of another person, while providing massage services or while within view of a customer or patron of the massage establishment, or has been the owner, operator, or manager of an establishment where such conduct occurred.

(h) Renewal of massage establishment business licenses.

(1) Business licenses for massage establishments shall be renewed annually in accordance with this title.

(2) Each applicant for renewal of a massage establishment business license shall provide such information and documents as may be reasonably required by the director to determine that the massage establishment is operating in compliance with the provisions of this title and/or any conditions imposed on the business license. The director may refuse to renew a business license for a massage establishment upon finding the existence of any facts or circumstances that would constitute grounds for the denial or revocation of a business license.

(i) Requirements of operation for massage establishments. The following requirements of operation shall apply to all massage establishments located in the city. Each owner, operator, and manager of a massage establishment shall be responsible for ensuring that the requirements of operation are complied with at all times.

(1) Building and facility requirements.

a. All massage rooms and dressing rooms shall be screened off by hinged doors, draw drapes, curtain enclosures, or accordion-pleated closures. Except for bathroom doors, interior doors shall not have locks on them.

b. In addition to the minimum lighting required by Chapter 15.00 Division 6 of the Municipal Code, all rooms in which massages are being provided shall be lit with a minimum of one light fixture emitting at least 210 lumens for every 150 square feet of space during the administration of such services, with lighting levels spread evenly throughout the space. No dimmer switches, strobe lights, flashing lights, colored light, or any coverings or other apparatus, other than a lampshade, which changes or darkens the color of the primary light source shall be used in any room in which massage services are being provided.

c. Any locker facilities provided for the use of patrons shall be fully secured for the protection of the patrons' valuables, and the patron shall be given control of the key or other means of access.

d. The walls in all rooms where water or steam baths are given shall have a washable mold-resistant surface.

e. One main entry that enters into the reception area shall be provided for patron use. Where feasible, this main entry shall be located on the storefront side of the building or tenant space. All patrons, and any persons other than those providing services at the massage establishment, shall be required to enter and exit solely through the main entry.

f. All exterior doors (except rear exterior doors used only for employee access to and from the massage establishment) shall remain unlocked during business hours, and the establishment shall comply with the provisions of the Diamond Bar Municipal Code pertaining to the posting of signs stating that doors shall remain unlocked during business hours. Exits for emergency purposes shall be provided where deemed necessary by the building official. Notwithstanding the above, all exterior doors may be locked, provided that the massage establishment is a business entity owned by one individual with one or no employees or independent contractors.

g. There shall be no audio or visual internal communication devices within the establishment, such as, but not limited to, buzzers, alarms, or intercom systems.

(2) Maintenance of premises and equipment.

a. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical facilities of the establishment shall be in good repair and maintained in a clean and sanitary condition.

b. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments and toilet rooms shall be thoroughly cleaned each day the business is in operation.

c. Adequate equipment for disinfection and sterilization of instruments used in performing the massages shall be provided.

d. Hot and cold running water shall be provided at all times.

e. Clean and sanitary towels and linens shall be provided for each patron of the establishment or each patron receiving massage services. No common use of towels or linens shall be permitted.

f. Standard or portable massage tables or chairs shall be used with a durable, washable plastic or other waterproof material as a covering. Beds, mattresses, water beds, futons, sofa beds, any type of portable or convertible beds, and foam pads more than four inches thick or with a width of more than four feet shall not be permitted in the establishment.

(3) Personnel lists.

a. Copies of the CAMTC certificate and identification card for each employee required to possess a CAMTC certificate pursuant to this chapter shall be maintained on file on the premises of the massage establishment at all times, and for a minimum period of two years following the date that the person ceases providing services/employment to the massage establishment. Copies shall be made available to any individual upon request, including but not limited to employees of the city. In addition, within ten days of a massage establishment hiring or contracting with a new employee, written notice of the name, residential address, and position of the new employee and true and correct copies of his or her CAMTC certificate and identification card (if required) shall be filed with the director.

b. Within five days of the expiration, revocation, suspension, or surrender of an employee's CAMTC Certificate, the owner or operator shall provide written notice of such expiration, revocation, suspension, or surrender to the director, and such employee shall not be permitted to operate, manage or provide massage services at the massage establishment until and unless he or she receives a valid new or renewed CAMTC Certificate and a copy of such new CAMTC Certificate and identification card for the employee has been provided to the director.

c. A register of all persons who are currently, or who within the last two years were, employed, working or providing services at or for the massage establishment shall be maintained on the premises of the massage establishment at all times. The owner shall make the register immediately available for inspection upon demand of a representative of the sheriff's department, any health officer, or any other official charged with enforcement of this title. The register shall include at least the following information:

1. Name, nicknames, and/or aliases;

2. Home address and relevant phone number, including but not limited to home, cellular, and pager numbers;

3. Age, date of birth, gender, height, weight, color of hair and eyes;

4. The date of employment, and termination, if any;

5. The duties of each person.

(4) Hours of operation.

a. No massage establishment shall be open for business or operated between the hours of 10:00 p.m. and 7:00 a.m. of any day, and all customers, patrons and visitors shall be excluded from the massage establishment between those hours. A massage begun any time before 10:00 p.m. shall nevertheless terminate at 10:00 p.m. The hours of operation shall be displayed in a conspicuous public place in the lobby within the massage establishment and in any front window outside of the massage establishment.

b. During hours of operation, only employees of the massage establishment or a patron shall be allowed beyond the reception area of the massage establishment, with the exception of representatives of the sheriff's department, any health officer, any other official charged with enforcement of this title, or a CAMTC official.

c. Patrons and visitors shall only be permitted in the massage establishment during the hours of operation.

1. Visitors who are not patrons shall only be permitted in the reception area of the massage establishment.

2. Patrons shall only be permitted in massage treatment areas if at least one massage technician is on the premises.

d. The massage establishment shall be supervised during all hours of operation by a manager specified in the permit application. The name and photograph (minimum size of four inches by six inches) of the on-duty manager shall be provided in accordance with Section 5.08.070(i)(3)c. This provision shall not apply to sole providers.

e. No massage establishment shall be used for residential purposes.

(5) Posting requirements. In addition to any other requirements for posting set forth in this title, the following requirements shall apply:

a. A recognizable and legible sign complying with the requirements of this code shall be posted at the main entrance identifying the establishment as a massage establishment.

b. Each service offered, the price thereof, and the minimum length of time such service shall be performed shall be posted in a conspicuous public location in each massage establishment. No services shall be performed and no sums shall be charged for such services other than those posted. Nothing herein prohibits a voluntary tip from being paid by the patron. Such services may either be posted on a sign or printed in a menu of services.

c. Any posted signs which are in a language other than English shall also be posted in English.

(6) Prohibited conduct. Each owner, operator, and manager shall be responsible for the conduct of all employees while such employees are performing services at or for the massage establishment. Any act or omission of any employee constituting a violation of this chapter shall be deemed an act or omission of each of the owners, operators, and managers for purposes of determining compliance with this chapter and whether the business license or any other permit required by the city shall be revoked, suspended, denied, or renewed. In addition to conduct prohibited by any other provision of law or this code, the following conduct at or by employees of massage establishments is expressly prohibited:

a. No alcoholic beverages shall be sold, served, or furnished on the premises of any massage establishment unless expressly authorized under a conditional use permit and licensed by the department of alcoholic beverage control.

b. No storage or sale of condoms, spermicides or other makeshift prophylactic materials (e.g. plastic wrap) shall be permitted within the massage establishment.

c. No person shall use or possess, nor shall there be any storage of, any sexually-oriented implements or paraphernalia which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.

d. No electrical, mechanical, or artificial device shall be used by any massage establishment employee for non-security audio and/or video recording or for monitoring the performance of a massage, of the conversation or other sounds in the massage rooms, without the prior written consent of the patron.

e. No employee of a massage establishment shall, while engaged in the practice of massage, or while visible to patrons in the massage establishment, dress: (i) in attire that is transparent, see-through, or substantially exposes the employee's undergarments; (ii) in a manner that exposes the massage technician's breasts, buttocks, or genitals; (iii) in a manner which has been deemed by CAMTC to constitute unprofessional attire based on the custom and practice of the profession in California; or (iv) in swim attire unless such person is providing a water-based massage modality which has been approved by CAMTC.

f. No owner, operator, manager or employee of a massage establishment shall engage in, or permit any other employee to engage in, any form of unprofessional conduct as defined in California Business and Professions Code section 4609(a)(1), including, without limitation, engaging in any form of sexual activity on the premises of a massage establishment or while providing massage services, providing massage of the genitals or anal regions, or providing massage of the breasts of a female patron without the written consent of the person receiving the massage and a referral from a licensed California health care provider.

(j) Inspections.

(1) Representatives of the sheriff's department, fire department, community development department, and agents for the city or from the county public health department, and representatives of any state or local agencies with regulatory authority over massage establishments shall have the right to enter massage establishments, from time to time, during regular business hours, or at any time that the massage establishment is occupied or open for business, to verify the massage establishment is in compliance with all applicable laws without the need for an inspection or abatement warrant. No person shall refuse to permit, cause delay of, or interfere with, a lawful inspection or compliance check of the premises by such officials at any time.

(2) The operator shall cause to be conspicuously posted so that the same may be readily visible to persons in the reception area of the massage establishment, in letters that are a minimum of one inch in height, a notice in English and such other languages as may be convenient to communicate such notice, which provides substantially as follows:

THIS MASSAGE ESTABLISHMENT IS SUBJECT TO INSPECTION BY CITY AND HEALTH OFFICIALS WITHOUT PRIOR NOTICE

In addition, operators are encouraged to post this notice in language(s) that are best understood by the customers of the massage establishment.

(Ord. No. 09(2007), § 1, 12-4-07; Ord. No. 06(2016), § 13, 11-1-16)

(a) [Definitions.] The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1) Pawnbroker means any person engaged in the business of receiving goods in pledge as security for a loan.

(2) Pawnshop means any room, store, building or other place in which the business of pawnbroker is engaged in, carried on or conducted.

(3) Secondhand dealer is a person, other than a used-car dealer or dealer in secondhand books or magazines, engaged in conducting, managing or carrying on the business of buying, selling or otherwise dealing in secondhand goods, wares or merchandise, including gold, silver, platinum and mercury, but does not include a person who does not sell, or offer to sell, secondhand goods, wares or merchandise except such as is received by such person as payment or part payment for a new article sold by him.

(b) Hours of operation. A pawnbroker and secondhand dealer shall not, and an agent or employee of a pawnbroker shall not, accept any pledge, or loan any money on personal property, or purchase or receive any goods or merchandise, or any article or thing whatsoever, or in any manner whatsoever engage in or conduct the business of pawnbroker between 7:00 p.m. of any day and 7:00 a.m. of the following day.

(Ord. No. 09(2007), § 1, 12-4-07)

(a) Definitions.

(1) Commercial shall mean and include the sale of goods, wares or merchandise for profit, whether or not a profit is made, and not for any charitable purpose.

(2) Hawking shall mean advertising, promoting or soliciting customers for the sale of any goods, wares or merchandise, whether or not a sale takes place.

(3) Peddle and peddling shall mean hawking or selling any goods, wares or merchandise, including liquids or edibles for human consumption, by traveling or going by any means of locomotion whatsoever from house to house or business to business.

(4) Solicitation shall mean the request, directly or indirectly, of money, credit, property, financial assistance or other things of value for the commercial or retail sale of goods, wares or merchandise by taking an order for delivery and promising later delivery of such goods, wares or merchandise. Individuals engaged in commercial solicitation for future delivery solely as an incident to engaging in a business otherwise licensed under this chapter and for which the employer has a current, valid license shall not be deemed to be engaged in the business of commercial solicitation.

(b) License fee waivers. Veterans, as defined by Business and Professions Code §§ 16001 and 16001.5, shall not be required to pay a license fee to hawk, peddle or sell goods, wares or merchandise owned by them, except alcoholic beverages.

(c) Identification requirements. All licensed peddlers and solicitors licensed pursuant to this chapter shall carry an original business license, along with picture identification, at all times when peddling.

(d) Operating requirements.

(1) No person shall engage in peddling or solicitation in any area of the city which is zoned for residential uses under this Code between the hours of 8:00 p.m. and 9:00 a.m.

(2) No person shall affix any object to another person, onto private property, or public property without first receiving express permission from such person or the owner of the property.

(3) No peddler shall continue to engage in peddling or solicitation directed at another person, if such person informs the peddler of his or her desire not to be subject to peddling or solicitation.

(Ord. No. 09(2007), § 1, 12-4-07; Ord. No. 01(2019), §§ 2, 3, 1-15-19; Ord. No. 03(2023), § 1, 8-15-23)

(a) Definitions.

(1) Certified farmers' market means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.

(2) Food means any type of edible substance or beverage intended primarily for consumption by human beings.

(3) Merchandise means small and easily carried or worn items that are not food, including, but not limited to, souvenirs, toys, articles of clothing, flowers, etc.

(4) Public right-of-way means the area dedicated to public use for street or pedestrian purposes, including privately owned and maintained roads within the city that are generally held open to the public for purposes of vehicular and pedestrian traffic and includes alleys, driveways, highways, medians, parkways, planter strips, roads, sidewalks, and streets.

(5) Roaming sidewalk vendor means a sidewalk vendor who moves from place to place and stops only to complete a transaction.

(6) School means any public or private educational institution which is run by the state or a subdivision thereof or which is licensed by the state to offer pre-school, elementary or secondary academic instruction, including kindergartens, elementary schools, middle or junior high schools, and high schools.

(7) Sidewalk means that portion of the public right-of-way provided for the primary use of pedestrians along or adjacent to the street, including a public pathway provided for the primary use of pedestrians.

(8) Sidewalk vending receptacle means a pushcart, stand, display, wagon, showcase, pedal-driven cart, rack, or other nonmotorized conveyance used for sidewalk vending activities.

(9) Sidewalk vendor means a person who sells food or merchandise from a sidewalk vending receptacle, or from one's person, upon a sidewalk or other pedestrian path. This definition includes "roaming sidewalk vendor" and "stationary sidewalk vendor."

(10) Stationary sidewalk vendor means a sidewalk vendor who vends from a fixed location.

(11) Swap meet means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.

(12) Vend, vends, or vending means to sell, offer for sale, expose or display for sale, solicit offers to purchase, or to barter food or merchandise, or to require someone to negotiate, establish, or pay a fee before providing food or merchandise, even if characterized as a donation.

(b) Vending of food. No person shall sell food without first obtaining a health permit as it may be required by Division 1 of Title 8 and Division 1 of Title 11 of the Los Angeles County Code, as it may be amended from time to time, or subsequent applicable county regulations; and in compliance with Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code.

(c) Operating requirements. The following operating requirements apply to all sidewalk vendors conducting business in Diamond Bar, irrespective of the date that any such person obtained a business license or began operating:

(1) A sidewalk vendor shall only operate on sidewalks and no other portion of the public right-of-way.

(2) The city business license, Los Angeles County Department of Public Health permit (if applicable), and California seller's permit shall be displayed conspicuously at all times on the sidewalk vending receptacle or the sidewalk vendor.

(3) All signage and advertising related to the sidewalk vendor shall be stored either inside or affixed to the sidewalk vending receptacle. Signage and advertising shall not be stored, placed, or kept on the public right-of-way or any public property. If affixed to the sidewalk vending receptacle, the overall space taken up by the sidewalk vending receptacle shall not exceed the size requirements in this section.

(4) Sidewalk vendors shall allow a law enforcement officer, code enforcement officer, firefighter, health inspector, or other government official charged with enforcing laws related to sidewalk vendor activities, at any time, to inspect their sidewalk vending receptacles.

(5) No person shall engage in vending in any area of the city which is zoned for residential uses under this Code between the hours of 8:00 p.m. and 9:00 a.m.

(6) No sidewalk vendor shall willfully make, continue, or cause to be made or continued, any loud, unnecessary, or unusual noise that disturbs the peace or quiet of any neighborhood, or that causes discomfort or annoyance to any person of normal sensitivities. No amplified sound shall be used or permitted.

(7) Sidewalk vendors shall not utilize tables or chairs. Outdoor dining areas are not permitted in the course of sidewalk vending.

(8) No person shall affix any object to another person, or onto private property without first receiving express permission from such person or the owner of the property; and no object shall be affixed to any pole, sign, tree or any public property.

(9) No person shall leave any sidewalk vending receptacle unattended.

(10) No person shall engage in vending upon any private property without the express permission of the owner or the owner's agent.

(11) Sidewalk vendors shall operate in a clean and sanitary manner, maintain a clean and trash-free ten-foot radius around his or her sidewalk vending receptacle, be able to dispose of trash generated by their business, and at all times be in compliance with all applicable laws.

(12) Sidewalk vendors shall not operate within a city park during times when the city park is hosting a city-sponsored event, including, but not limited to, such events as the City Birthday Party, concerts and movies in the park, 4th of July Blast, Winter Snow Fest, America Recycles Day, Halloween Party/Barktoberfest, Easter event, etc., or any other event that has been granted a special event permit by the city, during the duration of the event.

(13) All food and merchandise shall be stored either inside or affixed to the sidewalk vending receptacle or carried by the sidewalk vendor. Food and merchandise shall not be stored, placed, or kept on the public right-of-way or any public property. If affixed to the sidewalk vending receptacle, the overall space taken up by the sidewalk vending receptacle shall not exceed the size requirements provided in this section. Sidewalk vendors shall not set up, maintain, or permit the use of any additional table, crate, carton, rack, shade apparatus or any other device to increase the display capacity of their stand.

(14) Except as otherwise permitted under federal, state or local law or regulation, sidewalk vending receptacles shall not exceed a total height of four feet, and a total combined width and length of 16 square feet. Provided, however, that umbrellas may be used as an attachment to the sidewalk vending receptacle and are allowed to exceed the total height of four feet, but no higher than eight feet. The umbrella must also provide a minimum of seven feet of vertical clearance above the sidewalk finished grade.

(15) Auxiliary receptacles containing handwashing and ware washing sinks in support of the sidewalk vending receptacle shall be prohibited unless otherwise required in accordance with Part 7 of Division 104 of the California Health and Safety Code.

(16) If a sidewalk vending receptacle requires more than one person to conduct the sidewalk vending activity, all sidewalk vendors associated with the sidewalk vending receptacle shall be within five feet of the sidewalk vending receptacle when conducting sidewalk vending activities.

(17) Stationary sidewalk vending is prohibited in all residential areas.

(18) A roaming sidewalk vendor shall move from place to place and stop only to complete a transaction.

(19) For public safety reasons, sidewalk vendors shall not engage in vending at the following locations:

a. Where placement impedes the flow of pedestrian traffic by reducing the clear space to less than four feet or as necessary to comply with the Americans with Disabilities Act. Sidewalk vendors shall maintain a minimum four-foot clear accessible path for pedestrian ingress and egress free from obstructions, including the sidewalk vending receptacle and customer queuing area.

b. Where placement impedes access to or the use of abutting property, including, but not limited to, residences and places of businesses. This requirement is intended to preserve emergency access for the police, fire department, or medical personnel.

c. Within 12 inches of any curb face on all roads.

d. Within 15 feet of any entrance or exit to a building, structure or facility.

e. Within the same block of another sidewalk vendor, defined as the distance along both sides of a street from where one road crosses it to the place where the next road crosses it.

f. Within 100 feet of a school, a place of worship, or a child daycare facility.

g. Within 50 feet of the roadway of any freeway on-ramp or off-ramp.

h. Within five feet of a marked crosswalk.

i. Within 25 feet of a:

1. Fire hydrant.

2. Curb that has been designated as yellow or red zone, or a bus zone.

3. Driveway, alley, or street corner.

4. Trash or recycling receptacles, bike racks, benches, bus stops or similar public use items.

5. Public art object, item or display.

j. Within 200 feet of any public safety facility, including without limitation, sheriff's stations, and fire stations.

(20) Businesses that operate on private property are not eligible to obtain a sidewalk vendor business license, and are prohibited from establishing franchises or similar arrangements with sidewalk vendors, or otherwise circumvent the intent of this section.

(21) No more than one sidewalk vending receptacle is permitted per licensed location.

(22) No sidewalk vendor shall operate in areas located within 500 feet of a permitted certified farmers' market or a permitted swap meet, including nearby parking lots used to accommodate the event, during the limited operating hours of that certified farmers' market or swap meet.

(d) Additional application requirements for sidewalk vendors. In addition to the application requirements listed in subsection 5.00.040(c), applications for a business license for sidewalk vendors shall include the following information:

(1) The name, address, and telephone number of the person applying to become a sidewalk vendor.

(2) The California driver's license or identification number, individual taxpayer identification number, or municipal identification number (which shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or comply with a state law or state or federal court order).

(3) The name, address, and telephone number of the person who will be in charge of any roaming sidewalk vendors, sidewalk vending activity and/or be responsible for the person(s) working at the sidewalk vending receptacle.

(4) The name, address, and telephone number of all persons that will be employed as roaming sidewalk vendors or at a sidewalk vending receptacle.

(5) The number of sidewalk vending receptacles the licensee will operate within the city under the business license.

(6) Whether the vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor.

(7) The day(s) and hours of operation the stationary sidewalk vendor intends to operate at such location(s).

(8) The location(s) in the city where the stationary sidewalk vendor intends to operate.

(9) The dimensions of each sidewalk vending receptacle operating under the business license.

(10) A photograph of each sidewalk vending receptacle operating under the business license.

(11) Whether the sidewalk vendor will be selling food, merchandise, or both.

(12) If the sidewalk vendor is selling food, a description of the type of food to be sold, whether such foods are prepared on site, and whether the vendor requires a heating element to prepare the food.

(13) If the vendor is selling merchandise, a description of the merchandise to be sold.

(14) If required by the Los Angeles County Department of Public Health, a copy of the health permit required for any sidewalk vendors selling food, in accordance with Part 7 of Division 104 of the California Health and Safety Code.

(15) Proof of his or her possession of a valid California Department of Tax and Fee Administration seller's permit, which shall be maintained during the term of the sidewalk vendor's business license.

(16) An acknowledgment that the sidewalk vendor will comply with all other generally applicable local, state, and federal laws.

(17) A certification that, that to his or her knowledge and belief, the information contained within the application is true and correct.

(18) An agreement by the sidewalk vendor to defend, indemnify, release and hold harmless the city, its city council, boards, commissions, officers and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the permit or the vendor's sidewalk vending activities. This indemnification shall include, but not be limited to, damages awarded against the city, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee, city, and/or the parties initiating or bringing such proceeding.

(19) A copy of a general liability insurance policy in the amount of $1,000,000.00, naming the city as additional insured party.

(e) Violations and penalties. Subject to sections 1.04.030 through 1.04.190 of this Code, a person found in violation of this section shall be subject to the following:

(1) Operating without a valid business license:

a. An administrative fine not exceeding $250.00 for a first violation.

b. An administrative fine not exceeding $500.00 for a second violation within one year of the first violation.

c. An administrative fine not exceeding $1,000.00 for each additional violation within one year of the first violation.

d. The administrative fines listed in this subsection may be reduced from $250.00 to $100.00, $500.00 to $200.00, and $1,000.00 to $500.00 upon submission of proof of a business license before such fines are due.

(2) Operating as a sidewalk vendor in violation of this section, other than the failure to possess a valid business license:

a. An administrative fine not exceeding $100.00 for a first violation.

b. An administrative fine not exceeding $200.00 for a second violation within one year of the first violation.

c. An administrative fine not exceeding $500.00 for each additional violation within one year of the first violation.

d. The director, or designee, may rescind a sidewalk business license issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.

e. A sidewalk vendor may contest an administrative fine or the rescission of a business license pursuant to the provisions set forth in sections 1.04.030 through 1.04.190 of this Code.

f. A sidewalk vendor who has been issued an administrative fine under this chapter may request a determination of his or her ability to pay the administrative fine pursuant to the provisions of Government Code Section 51039(f). If the sidewalk vendor shows proof to the satisfaction of the hearing officer (if the request is made at the time of an administrative appeal hearing), or the director or his or her designee (if the request is made at any other time), that he or she meets the criteria set forth in Government Code Section 68632, subsections (a) or (b), the fine amount shall be reduced to 20 percent of the original fine amount.

(3) In addition to the penalties above, violations of Part 7 of Division 104 of the Health and Safety Code shall be subject to the following penalties:

a. A notice of violation detailing the violation, including the applicable provision of Part 7 of Division 104 of the Health and Safety Code.

b. An administrative fine not exceeding $100.00 for a second violation within one year of the first violation.

c. An administrative fine not exceeding $200.00 for a third violation within one year of the first violation.

d. An administrative fine not exceeding $500.00 for each additional violation within one year of the first violation.

(4) A violation of this section shall not be punishable as an infraction or misdemeanor. No person alleged to have violated the provisions herein shall be subject to arrest except when otherwise permitted by law.

(5) Violations of the regulations of this section not specifically applicable to sidewalk vending and sidewalk vendors, and Section 51039 of the Government Code shall be subject to criminal or civil enforcement pursuant to chapter 1.04 of this Code, in addition to any other applicable penalties or remedies prescribed by law.

(Ord. No. 03(2023), § 2, 8-15-23)

(a) [Definitions.] For purposes of this chapter, the following term shall have the following meaning:

(1) Tow truck shall mean a motor vehicle which has been altered or designed and equipped to tow another motor vehicle by means of a crane, hoist, tow bar, tow line or dolly.

(b) Exemptions. The provisions of this chapter shall not apply to tow trucks or vehicles licensed pursuant to Vehicle Code § 11500 et seq. and Business and Professions Code § 7500 et seq.

(c) Application information. In addition to the information prescribed by the director of community development, an application for a tow truck service operator's license shall include the following information:

(1) A map of the district, area or territory to be served by the tow truck service;

(2) A schedule of rates proposed to be charged in the areas of the city where the applicant proposes to operate the service; and

(3) The description and location of the operational facilities of the applicant.

(d) Operating requirements.

(1) Service records to be kept. A tow truck service operator shall maintain the following records for each order of service:

Location where tow service requested;

Date and time request made;

Description of vehicle towed;

Location to where vehicle towed;

Identification of dispatcher;

Identification of driver; and

Time of dispatch.

(2) Inspection. Such records shall be available for inspection by the director of community development and the sheriff for a period of at least six months.

(3) Drivers—License preconditions. A tow truck service operator shall not permit any person to operate a tow truck authorized under his or her license unless such driver has, in his or her possession, a valid driver's license issued by the State of California Department of Motor Vehicles.

(4) Insurance requirements. The director shall not issue a tow truck service operator's license until the applicant has filed a copy of the policy of liability insurance pursuant to section 5.00.170 that covers every tow truck to be operated pursuant to the operator's license.

(5) Indemnification. Every operator licensed pursuant to this title shall sign an indemnification agreement as provided in section 5.00.170 in a form approved by the city attorney.

(6) Tow truck facility security. If the tow truck service provides storage of towed vehicles, the operator shall provide security for such vehicles during all business hours.

(7) Locking of vehicles. If the tow truck service provides storage of towed vehicles, the operator shall lock each ignition, remove the key, and place the key in a safe place.

(8) Sign requirements. The operator shall install and maintain a sign on the business premises, plainly visible from the street, showing the operator's name, the address of the business, the time when the premises are closed and the towing and storage fees, if any.

No signs shall be posted, pursuant to this section, which would be in violation of the Diamond Bar Municipal Code.

(9) Rates charged. A copy of the rates charged for utilizing a tow truck's services shall be posted in each tow truck.

(Ord. No. 09(2007), § 1, 12-4-07)