Chapter 4 — PERMIT PROCEDURE

Whenever in this article any person is required to obtain a permit for carrying on or conducting any business or enterprise such permit shall be issued in accordance with the provisions of this chapter.

Compliance with the provisions of this chapter and the issuance of a permit hereunder shall not preclude the necessity of obtaining any permit required by any other provisions of this Code, or ordinance of this City or other applicable law. (Added by Ord. 29, adopted 5-13-57)

Whenever by this article any permit is required such permit shall be obtained pursuant to the provisions of this chapter or this article before any business license is issued under the provisions of this article.

(Added by Ord. 29, adopted 5-13-57)

"Chief of Police" shall be defined as the Chief of Police for the City of Downey, or the Chief of Police's designee.

(Added by Ord. 29, adopted 5-13-57)

"City Manager" shall be defined as the City Manager for the City of Downey, or the City Manager's designee.

(Added by Ord. 29, adopted 5-13-57)

Before any permit is issued pursuant to this chapter an application for such permit shall be filed with the Chief of Police, shall be signed and verified by the applicant and accompanied by the fees required and shall set forth the following:

• (1) The name and address of the applicant.

• (2) The name and address of the person by whom employed, if any.

• (3) The nature of the business for which a permit is requested.

• (4) The place where such business is to be conducted.

• (5) A brief description of the nature and amount of equipment to be used in such business.

• (6) A personal description of the applicant.

• (7) Evidence of the identity of the applicant of such character as the Chief of Police may require.

(8) Fingerprints and thumbprints of applicant. (Added by Ord. 29, adopted 5-13-57)

The Chief of Police within a reasonable time after the filing of an application, shall conduct such investigation as he may deem necessary concerning the application and the business proposed to be conducted to determine whether the applicant is of good moral character and proposes to engage in an enterprise in a manner which shall not be detrimental to the public peace, health, safety, morals or welfare of the City or its inhabitants, either by reason of the character of the applicant, the nature of the business or the manner in which the business is proposed to be conducted. If after such investigation the Chief of Police determines that the applicant is of good moral character and proposes to engage in an enterprise which will not be detrimental to the public peace, health, safety, morals or welfare of the City or its inhabitants either by reason of the character of the applicant, the nature of the business or the manner in which the business is proposed to be conducted, then the Chief of Police shall issue such permit upon such terms and conditions and restrictions, regulating the operation and conduct of such business, not in conflict with any paramount law as such terms and conditions may be necessary or expedient to protect the public peace, health, safety, morals or welfare of the City or its inhabitants. (Added by Ord. 29, adopted 5-13-57)

• (a) In the event the Chief of Police denies the issuance or removal of a permit, revokes a permit, or imposes conditions which the applicant wishes to challenge, the applicant may appeal to the City Council by filing with the City Council a written notice of appeal within seven calendar days from the date of such denial, or from the date notice of such revocation is mailed to applicant, or from the date applicant is informed of such conditions.

• (b) If such an appeal is filed, the City Council shall at the next regularly scheduled City Council meeting held more than five days after receipt of such notice of appeal, review the matter and shall determine whether the City Council or the Hearing Officer will hear the appeal.

• (c) Once a determination is made either the City Council or the Hearing Officer, as the case may be, shall set a date, not less than five days, not more than 21 days from the date such determination is made by the City Council for the hearing of the appeal. The hearing may be continued for good cause. The hearing shall be a de novo hearing on the action appealed from.

• (d) Upon the conclusion of such hearing the City Council or the Hearing Officer, as the case may be, may uphold such denial or revocation or the imposition of conditions, or may order the issuance, or the renewal, or the reinstatement of such permit, or the imposition of such conditions.

• (e) If the hearing is conducted by the Hearing Officer, the Hearing Officer shall cause a transcript of the hearing to be taken and shall issue findings and determinations in writing within 10 days of the conclusion of the hearing. The written findings and determinations shall be delivered or mailed to the applicant and shall be effective within five days following the date of mailing, unless such appeal is heard by the Hearing Officer and the denial, or revocation, or imposition of conditions is upheld, and within such five day period the applicant files with the Hearing Officer and the City Clerk a demand for City Council review.

• (f) If such a demand for a review is filed, the City Council shall, at the next regularly scheduled council meeting held more than five days after the filing of such demand, review the transcript of the hearing proceedings, and at the conclusion of such review may uphold such denial, or revocation, or imposition of conditions, or may order that the permit be issued, renewed, or reinstated, or that the conditions be modified or stricken. Such review shall be comprised of a review of the entire record, including the transcript of the hearing proceedings, and any oral or written arguments which may be offered to the City Council. No additional testimony shall be taken. The action of the City Council shall be final and conclusive, and there shall be no additional right of appeal.

• (g) In the event such denial, or revocation, or imposition of conditions is upheld by the City Council the denial, or revocation, or imposition of conditions shall be effective on the date of the action by the City Council.

• (Added by Ord. 29, adopted 5-13-57; amended by Ord. 947, adopted 8-25-92; Ord. 983, adopted 9-27-94; Ord. 1042, adopted 5-13-97)

Any permit issued pursuant to this chapter shall be posted on the premises where the business for which such permit is issued is conducted and shall remain so posted during the period the permit shall be in force.

Any permit issued to any person who goes from place to place in the City for the purpose of carrying on the business permitted shall carry such permit at all times he is conducting such business and shall exhibit the same upon request. (Added by Ord. 29, adopted 5-13-57)

Any permit issued pursuant to this chapter shall be of the same duration as the business license issued to such person or business pursuant to this article. (Added by Ord. 29, adopted 5-13-57)

Any permit issued hereunder may be renewed upon the filing of an application for the renewal with the Chief of Police. Such application for renewal shall be in the same form as an application for an original permit and shall be issued or denied in like manner as the original permit. (Added by Ord. 29, adopted 5-13-57)

In the absence of any provision in this article to the contrary, the fee for issuing any permit hereunder shall be established by City Council Resolution, and the fee for any renewal thereof shall be established by City Council Resolution and said fee shall be submitted with the application for permit.

(Amended by Ord. 155, adopted 11-22-60; Ord. 405, adopted 9-13-71; Ord. 764, adopted 8-14-84; amended by Ord. 874, adopted 1-10-89)

The fee for issuing any permit to a person under the age of 14 shall be five dollars annually if all of the following conditions are met:

• (a) The applicant is a resident of the County and has been such a resident for a period of at least one year prior to the date of the application;

• (b) The applicant is employed by a person holding a valid principal solicitors' license under the provisions of Section 6236.1; and

• (c) The applicant will be soliciting under the supervision of the holder of such principal solicitors' license and such solicitation will be for the sale of newspapers, periodicals, magazines, and the like.

In the event any of the above conditions are not met, the fees specified by Section 6407 shall apply.

(Added by Ord. 301, adopted 5-9-66; amended by Ord. 405, adopted 9-13-71)

• (a) When any permit is issued pursuant to the terms of this chapter, such permit may be revoked at any time thereafter by the Chief of Police if the Chief of Police is satisfied that the conduct of such business does or will endanger in any manner the public welfare or the peace, health, or safety of the City or its inhabitants, or that the same has been conducted in an illegal, improper, or disorderly manner, or when the proprietor or person in charge of such business violates or permits any violation of any law of the State or City.

• (b) Such revocation shall be by delivering a written notice of revocation, with the reasons therefor, to the applicant in person or by mailing such notice to the address of the applicant as set forth in the application. Such revocation shall be effective within seven calendar days following the date of delivery, or the date of mailing, unless within such period of time the applicant files with the City Council a written notice of appeal pursuant to Section 6404.

• (Added by Ord. 29, adopted 5-13-57; amended by Ord. 301, adopted 5-9-66; amended by Ord. 405, adopted 9-13-71; amended by Ord. 947, adopted 8-25-92; amended by Ord. 1042, adopted 5-13-97)