El Cerrito Municipal Code Ch. 6.05 Applications for Permits

This chapter pertains to all of Title 6 with the exceptions of Chapters 6.70 (Permits to Sell Firearms) and 6.75 (Charitable Solicitation).

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

A. Every person who is required to obtain a permit in the city shall obtain an application for that permit from the city clerk. Such application shall require as much of the following information as may be relevant about the applicant:

1. Name and physical description;

2. Permanent home address and telephone number, and full local residential address and telephone number;

3. Business address and telephone number;

4. Any other names used in any similar business or activity;

5. A brief description of the nature of the activity to be permitted, and the goods or services to be sold, purchased or rendered;

6. If the permit is required as a result of an employment relationship, the name and address of the employer, together with credentials establishing the exact relationship;

7. The full address and the approximate dates where and when the applicant practiced a similar business, either alone or in conjunction with others; and the name, if any, of that business;

8. The applicant's valid California driver's license or Department of Motor Vehicles identification card number, or the fingerprints of the applicant;

9. The license plate number of the applicant's vehicle;

10. The license plate number of the business vehicle if such is used in the permitted activity;

11. A statement whether or not the applicant has been convicted of any felony or misdemeanor within the previous ten years, the nature and location of the offense, and the punishment or penalty assessed therefor;

12. The names, addresses and telephone numbers of two references other than the applicant's employer;

13. Two copies of a photograph of the applicant, showing his or her head and shoulders in a clear and distinguishing manner; the photograph shall be two inches by two inches in size, exclusive of any margins;

14. The starting date and the length of time for which the permit is desired. The starting date must not be more than two months after the date of application, and the length of time may not exceed one year;

15. Ancillary documentation or bonds required by the regulating sections of this code;

16. Any supporting documentation the applicant wishes to provide;

17. A sworn statement verifying the accuracy of the information included in the registration application.

B. The receipt for the registration fee described in Section 6.05.030, together with the completed application for any required business license, may then be filed with the city clerk who will record the date and time of receipt, and initial the registration application.

C. If the application for a permit is approved, the permit shall be valid for the lesser period of one year or the term of any business license required under Title 4 of this code, but such permit may be renewed.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

A. The nonrefundable registration fee set by the city's master fee schedule shall be paid to the license administrator to cover the cost of administering and investigating the registration application, and issuance of the permit and badge. The registration fee shall be in addition to any business license fee required by the master fee schedule.

B. The following persons may obtain a permit without payment of a registration fee:

1. Any person of the age of seventeen years, or under, and any person who has been issued a gratuitous business license, under any other applicable section of this code;

2. Any of the following for whom the council has expressly granted a waiver:

a. Disabled war veteran, or

b. Indigent person, or

c. Person who is unable to obtain a livelihood by other means because of age or disability.

Written application shall be made to the council for any such waiver, stating the facts, and signed by the applicant. The action of the council shall be endorsed on the permit issued and signed by the city clerk.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

A. Upon receipt of the completed registration application, the receipt for payment of the registration fee, and a completed application for any required business license, the city clerk shall deliver them to the appropriate public official. The public official shall conduct an investigation of the applicant and verify the facts contained in both the registration application and business license application, and any supporting data.

B. If questions should arise regarding statements of fact, the public official may interview the applicant for clarification or for additional information.

C. The investigation shall be completed, and a decision reached within ten working days after receipt of the application by the city clerk unless the applicant requests or consents to an extension of that time period.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

A. The public official may approve the application and refer it to the license and permits administrator for issuance of a permit.

B. The public official may deny the application, stating in writing the reasons therefor.

C. The public official shall immediately file a copy of the decision for approval or denial with the city clerk, who shall make it available to the applicant.

D. The city clerk shall hold the notice of the decision for the applicant for ten working days after completion of the investigation, or until the desired starting date on the application, whichever is later. If the applicant does not go to the city offices and get the notice and permit within this allotted time, the registration application shall be deemed to have been withdrawn by the applicant.

E. If the investigation and decision are not completed within the time prescribed, the registration application is deemed approved and the permit will be granted forthwith. The city clerk shall file a written report of such circumstance with the city manager.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

A. Upon approval of the registration application by the public official, or upon payment of the renewal fee, and after payment of any applicable business license fee, the license administrator shall issue to the applicant a permit, badge and vehicle sticker.

B. The permit shall contain the signature of the issuing officer, the name and address of the permittee, the kind of goods to be bought or sold, the solicitation to be pursued or service to be rendered, the amount of fee paid, the date of issuance, and the length of time the permit shall be operative. The permittee shall display the permit upon demand of any officer of the city and upon demand of any person whom he or she is contacting during the course of the business or solicitation.

C. The badge shall contain a photograph and name of the applicant, the words "El Cerrito Permit", the period for which the badge is valid, and the number of the permit. The badge shall be worn constantly by the permittee on the front of his or her outer garment in such a way as to be conspicuous during the time such permittee is engaged in the approved business or solicitation.

D. The vehicle sticker shall be displayed on the vehicle in the manner described in the regulating sections of this code.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

Permits issued pursuant to this chapter shall not be assigned or transferred, nor shall they be used by any person other than the person to whom they were issued. Any attempt to transfer, assign, pledge or mortgage the permit or to attach or execute on it, immediately and permanently voids it.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

If the application is for a nonprofit or philanthropic purpose, and when the solicitation is done by residents of the city without any financial or other recompense, the organizer may apply for multiple badges. The registration application shall list the name and address of all those participating in the solicitation. The badges will be similar to those described in Section 6.05.060, but need not carry the picture of each solicitor; they will contain the name of the nonprofit or philanthropic organization and the name of the individual solicitor. The multiple badges will be issued after payment of the fee set forth in the city's master fee schedule to cover costs of issuance. Each of the solicitors shall be provided with a copy of the organizer's permit.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

A. Any permittee may renew the permit by filing a sworn statement with the city clerk asserting that the facts in the original registration application are still true and correct, and by payment of the renewal fee set in the city's master fee schedule.

B. The city's license administrator shall issue the new permit, badge, and vehicle sticker as described in Section 6.05.060 of this title.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)