El Monte Municipal Code Ch. 5.12 Business Permits Generally

There is established a Permit Committee, the members of which shall consist of the following:

A. The City Manager or a representative designated by him or her, who shall ex officio be Chairperson of the Committee;

B. The Chief Building Official or a representative designated by him or her;

C. The Chief of Police or a representative designated by him or her;

D. The Fire Chief of Los Angeles or a representative designated by him or her;

E. The Revenue Supervisor or a representative designated by him or her;

F. The Services Manager or a representative designated by him or her;

G. The Code Enforcement Supervisor or a representative designated by him or her.

(Ord. 2600 § 1 (part), 2004; Ord. 2582 § 1, 2003: amended during 1999 recodification; prior code § 6300)

Any four (4) members of the Committee shall constitute a quorum for purposes of acting upon a permit application; provided, however, that each member of the Committee shall, with respect to each application, to be acted upon by the Committee, submit a written report or recommendation concerning the same.

(Prior code § 6300.1)

The Permit Committee shall meet regularly at the time and place designated by the Committee. The Committee shall likewise meet, at the call of the Chairperson or at the request of any three (3) members of the Committee, at a time and place specified in such call or request. Unless notice is in writing waived by the applicant, the Chairperson shall, at least seventy-two (72) hours prior to a meeting of the Committee at which a permit application is to be considered or acted upon, place in the United States mail, postage prepaid, and addressed to such applicant at the address shown in the application, notice of the time and place of the meeting of the Permit Committee and of the fact that such applicant's application will then and there be considered or acted upon. An applicant shall be entitled to be present, in person or by counsel, at each meeting of the Committee at which his or her application is considered or acted upon, and to present pertinent testimony or evidence in support of his or her application. Unless a different time be fixed by the Chairperson of the Committee, the Permit Committee shall consider each application the first regularly scheduled meeting held not less than ten (10) days after the filing of an application, and in such case notice shall be deemed to have been waived by applicant and need not be given as hereinbefore required.

(Prior code § 6300.2)

A. If any three (3) or more members of the Permit Committee in writing recommend against or disapprove the granting of a permit, such permit shall be deemed denied. If one or two (2) but less than three (3) members of the Committee in writing recommend against or disapprove the granting of a permit, the Committee shall not have the power to and shall not grant such application, but shall forthwith file the same, together with all reports and recommendations of the Committee members and all other data presented to or accumulated by the Committee, with the City Clerk for decision thereon by the City Council. The City Clerk shall place each application thus filed with the City Clerk for action thereon by the City Council on the Council agenda of the first regularly scheduled evening Council meeting following at least seven (7) days the filing of such application and related material with the City Clerk. The City Clerk shall, at least seventy-two (72) hours prior to such meeting of the City Council, place in the United States mail, addressed to the applicant at the address shown in his or her application, notice of the time and place of such City Council meeting and of the fact that such application will then and there be considered by the City Council. Such notice shall be accompanied by a copy of all reports and recommendations of the Permit Committee members, unless the same have already been furnished to the applicant.

B. Notwithstanding subsection A of this Section, a simple majority of the quorum of the Committee shall be sufficient to take action to either approve or deny a parade or block party permit application submitted pursuant to Chapter 12.07 of this code. Furthermore, noticing requirements and appeals of any Committee action on a parade or block party permit shall be governed by the provisions of Chapter 12.07 of this code.

(Ord. 2656 § 2, 2005; Ord. 2632 § 2 (part), 2004; prior code § 6300.3)

The Permit Committee shall keep permanent records of its meetings and its decisions, as well as an accurate summary of all pertinent oral testimony presented thereat and a copy of all written evidence, reports, recommendations and other material accumulated by it.

(Prior code § 6300.4)

Except as otherwise specifically provided in this chapter, no person shall engage in the practice of astrology or fortunetelling, or engage in or conduct any circus, carnival, sideshow, boxing or wrestling contest or exhibition, race or contest of endurance or speed between horses or beasts or mechanical devices, skating rink, bowling alley, pool or billiard hall, live entertainment, moving pictures or picture slides where alcoholic beverages are sold, served or permitted to be consumed, amusement or recreation center, or in any similar business, enterprise, occupation or event, or as an itinerant vendor, or the playing, maintaining or operating of any bingo game, or any other business, enterprise, occupation or event regulated by any Section of this chapter, nor shall any license be issued for any of the same, unless a permit therefor shall first have been issued, as provided in this Section; provided, however, that no additional permit shall be required solely for musicians, vocalists and announcers used solely in connection with a dance regulated by Chapter 5.32 of this title and for which a permit required by this chapter has been issued and is in effect. The application for the issuance of a permit authorizing any of the activities, as described in Section 5.12.070 of this chapter, including an adult-oriented business, as described in Section 5.16.020 of this title, shall be submitted to the Permit Committee for its approval or denial within thirty (30) days following the date of receipt of such a completed application on a form as may be prepared by the Chairperson of the Permit Committee. The Permit Committee may continue its consideration regarding the issuance or denial of a permit authorizing any of the activities, as described in Sections 5.12.070 and/or 5.16.020 of this title, to a date which is later than thirty (30) days following the receipt of the application by the License Department subject to the approval of the applicant. A permit for an adult-oriented business establishment shall be subject to the application procedures and shall be issued or renewed in accordance with the provisions of Chapter 5.16 of this title.

(Prior code § 6300.5)

The term "live entertainment," as used in Section 5.12.060 of this chapter, means and includes any activity planned, engaged in or permitted to occur for the purpose of or resulting pleasing, entertainment, attracting or retaining patrons or customers, and shall specifically include, but not be limited to, any act, play, burlesque show, revue, pantomime, fashion show, the playing of any musical instrument by any person, and the employment, use or display of nude or seminude persons, whether such person engaging in any such activity be owner, proprietor, employee, receptionist, food or bar service worker, dancer model, customer, patron, amateur or professional performer, and whether hired, retained, displayed, used, permitted to be present, or permitted to participate or engage in any of the activities described in this Section by the owner, permittee, manager or employee of the premises. In a case where the live entertainment shall be provided in an adult-oriented business establishment, as described in Section 5.16.020 of this title, the provisions of Chapter 5.16 of this title shall be applicable to the submission of an application and the issuance and renewal of the permit, as required by this chapter.

(Prior code § 6300.5.1)

The term "nude person," as used in Section 5.12.070 of this chapter, means a person completely without clothing. The term "seminude person," as used in Section 5.12.070 of this chapter, means a person wearing such attire, costume, or clothing which exposed to public view any portion of the human anatomy which is not covered by an opaque covering: the genitals, pubic hair, anus, anal regions, natal cleft, perineum, or the crease of the buttocks of any person, or any portion of the breast at or below the upper edge of the areola thereof of any female person. However, the term "nude person" shall not refer to isolated instances of conduct or activities described in this Section, except where taken together, such an instance of nudity constitutes a regular and substantial course of conduct within a business premises where any of the activities described in Section 5.12.070 of this chapter may occur.

(Prior code § 6300.5.2)

Whenever a permit is required by any provision of this chapter, an application therefor shall be made in writing and filed with the Chairperson of the Permit Committee. Such application shall be on forms prescribed by the Committee, and shall contain all information required by any Section of this chapter, in addition to the information specified in the application form.

(Prior code § 6300.6)

The License Department and the Permit Committee shall accept an application for and grant a business license and permit permitting the applicant to engage in the business of secondhand dealer, as defined in Section 5.68.010 of this title, to an applicant who has not been convicted of an attempt to receive stolen property or any other offense involving stolen property. Prior to the granting of a license or permit, the License Department shall submit the application to the Department of Justice. If the Department of Justice does not comment on the applicant within a reasonable time thereafter, the License Department and Permit Committee may grant the applicant a business license and permit. All applications for licensure and permit, and license or permit renewal, shall be on forms prescribed and provided by the Department of Justice.

(Amended during 1999 recodification; prior code § 6300.6.1)

The License Department shall not accept application for permission to operate any business, enterprise, occupation or even regulated by any Section of this chapter if a permit for such business, enterprise, occupation or event has previously been denied or revoked with respect to the applicant or a successor or assignor to the applicant pursuant to Section 5.12.120 of this chapter, within a twelve (12) month period immediately preceding the tender of the application; except as authorized by this Section. An applicant who is subject to the provisions of this Section may submit to the Secretary of the Permit Committee a written request for authorization to file an application for permission to operate any such business, enterprise, occupation or event. Upon receipt of such written request, the Secretary of the Permit Committee shall schedule the matter for consideration by the Permit Committee at the next regular meeting of the Permit Committee for which such matter may be properly posted on the agenda. The Permit Committee shall either grant or deny the request to file an application within thirty (30) days following the date on which the matter is submitted to it by the Secretary of the Permit Committee and shall make a finding that either the conditions which caused the denial or revocation have been corrected or make a finding that such conditions have not been corrected.

(Prior code § 6300.6.2)

A. The Permit Committee shall grant a permit based upon a completed permit application unless three (3) or more of its members find and determine, upon evidence presented to it, that the granting of the permit as applied for, or the conduct of the business, enterprise, occupation or event for which permit application was filed, will be contrary to, inimical to or will jeopardize the preservation of the public peace, safety or welfare of the city or its inhabitants, or will be detrimental to other properties or businesses in the vicinity or in the event that a material falsehood may appear in the application. The decision of the Permit Committee to deny a permit application shall be in writing and shall contain written findings of fact upon which the decision is based. A copy of such decision and findings shall be transmitted to the applicant by personal service or by first class United States mail by a date which is not later than the next regularly scheduled meeting of the Permit Committee following the date of the meeting during which the application for the issuance of the permit was denied. Refer to Section 12.28.280(C) of this code for additional standards of review for news rack applications.

B. The Permit Committee, upon a showing of good cause, may direct an application for a business permit to a Hearing Officer to conduct a hearing, receive relevant evidence and to return to the Permit Committee findings of facts and recommendations to be acted upon by the Permit Committee. The Permit Committee may approve, modify or reject the findings and recommendations of the Hearing Officer or take such other action as deemed necessary by the Permit Committee.

(Ord. 2615 § 1, 2004: Ord. 2538 § 1, 2001: prior code § 6300.7)

In granting any permit under this chapter, the Permit Committee may impose such terms, conditions and restrictions upon the operation, management and conduct of any business, enterprise, occupation or event that it finds necessary or expedient to protect the public health, safety or welfare of the city or its inhabitants, or to protect other properties or businesses from detriment which would be otherwise caused or liable to be caused by the conduct of the business, enterprise, occupation or event for which the permit is granted.

(Prior code § 6300.8)

Prior to issuing a permit to any person for engaging in the business of fortunetelling as defined in Section 5.04.010 of this title, the applicant shall be finger-printed and photographed by the El Monte Police Department in addition to any other terms, conditions and restrictions as may be imposed pursuant to Section 5.12.130 of this chapter.

(Amended during 1999 recodification; prior code § 6300.8.1)

Except as otherwise provided under Chapter 12.07 of this code, the decision of the Permit Committee shall be final unless an appeal therefrom be filed as hereinafter provided.

(Ord. 2656 § 3, 2005: Ord. 2632 § 3, 2004; prior code § 6300.9)

A. Any person aggrieved by any portion of a decision of the Permit Committee may appeal all or any portion of such decision to the City Council. Such appeal shall be in writing, shall be filed with the City Clerk within ten (10) days after the final decision in writing by such Committee, shall be accompanied by an appeal fee of fifty dollars ($50.00) and shall specify with particularity the ground or grounds upon which such appeal is based.

B. Notwithstanding subsection A of this Section or any other provision of this chapter, appeals from any Committee action taken on a parade or block party permit application applied for pursuant to Chapter 12.07 of this code shall be governed in accordance with the appeal provisions of Chapter 12.07 of this code.

(Ord. 2656 § 4, 2005; Ord. 2632 § 4, 2004; prior code § 6300.10)

A. Each appeal filed pursuant to Section 5.12.160 of this chapter or any matter as may be referred to the City Council in accordance with Section 5.12.040 of this chapter shall be heard by the City Council at its first regularly scheduled meeting held not less than five (5) days after the filing of such appeal with the City Clerk at which time the decision of the Permit Committee either shall be rejected and the permit shall be issued by the City Council with such conditions, as authorized by Section 5.12.180 of this chapter, or the decision of the Permit Committee shall be affirmed by the City Council. The City Council may continue the hearing on any such appeal from time-to-time at its discretion; provided, however, that in the case of an appeal from a decision of the Permit Committee involving any activity described in Section 5.12.070 of this chapter, the City Council either shall issue, issue subject to conditions, or deny the permit within thirty (30) days following the date of the filing of such appeal, unless a continuance of the decision on the matter is approved by the appellant. Promptly after the filing of any such appeal, the City Clerk shall be given written notice of the time and place of the City Council hearing on such appeal to the applicant, to the appellant if the appellant be other than the applicant, and to any other person who has in writing filed with the City Clerk a request for notice.

B. At the time for which the hearing of any such appeal has thus been noticed, the City Council shall consider and review the decision of the Permit Committee, and all reports, recommendations, findings, summary of evidence and other material presented to, acquired by or made by the Permit Committee or the members thereof. The City Council may, by the affirmative vote of three (3) of its members, hear the application anew and receive additional testimony or evidence.

(Prior code §§ 6300.11, 6300.12)

The decision of the City Council on any such appeal shall be made by the affirmative votes of at least three (3) of its members entered upon the Council minutes. The Council may adopt all or any portion of the Permit Committee's decision or findings or any of the reports or recommendations of the Committee members, by reference without setting forth the same in full in the minutes. In its decision on any such appeal, the City Council may approve or disapprove in whole or in part the decision of the Permit Committee and may grant or deny the permit applied for. The Council, in granting a permit, may amend, add to or delete any or all of the conditions or restrictions imposed by the Permit Committee. The City Clerk shall mail to the applicant and appellant a copy of the minutes of the City Council with reference to any such appeal within forty-eight (48) hours after the approval of such Council minutes by the City Council.

(Prior code § 6300.13)

The Council hearing on any application referred to the Council for decision pursuant to Section 5.12.040 of this chapter shall be limited to a consideration and review of all reports and recommendations of the members of the Permit Committee, the application, the summary of evidence presented with respect thereto and all material compiled by the Permit Committee; provided, however, that the City Council may, by the affirmative vote of three (3) of its members entered upon the Council minutes, hear any such application anew and receive additional evidence or testimony; and provided still further that the City Council may, by a vote of a majority of its members entered upon its minutes, refer the application to a Hearing Officer for the conduct of a hearing thereon pursuant to the Administrative Procedure Act.

(Prior code § 6300.14)

The decision of the City Council denying any permit under an application referred to it pursuant to Section 5.12.040 shall be in substantially the same form as specified in Section 5.12.180 of this chapter.

(Prior code § 6300.15)

A decision of the City Council on any permit application or on any appeal from the decision of the Permit Committee shall be final and shall not be subject to reconsideration.

(Prior code § 6300.16)

Every permit issued under any Section of this chapter shall apply only to the person or persons in whose name or names it is issued, only to the premises or location therein specified, and only for the business, enterprise, occupation or event therein set forth. No permit issued under any Section of this chapter shall be transferable or assignable in any manner by sale, conveyance, encumbrance, security, court order, or in any other manner.

(Prior code § 6300.17)

Every permit issued pursuant to this chapter, with the exception of hotel/motel permits, shall expire at the same time as the business license.

(Amended during 1999 recodification; prior code § 6300.18)

A. In addition to any other remedy or right specified or reserved to the Council by any provision of this chapter or code or any law of the state, any permit issued under or pursuant to this chapter may be revoked and canceled by the Council after a hearing duly noticed as hereinafter provided. Upon report or recommendation of any city official that any such permit be revoked or canceled, the Permit Committee may fix a date, time and place for a public hearing on the matter of such permit revocation. At least ten (10) days prior to the date thus fixed by the Permit Committee, the Secretary of the Committee shall deposit in the United States mail, postage prepaid, addressed to the permittee as shown in the permit application on file with the city, notice of the time and place of such meeting before the Permit Committee, of the fact that the Permit Committee will consider the matter of the revocation of such person's permit, a specification of the grounds upon which the revocation may be made, a statement that the permittee may appear at such time and place, in person or by counsel, and present testimony or documentary evidence in his or her favor and in opposition to the proposed revocation, together with a copy of all reports or other documentary evidence theretofore presented to the Permit Committee in support of the proposed revocation. At the conclusion, but no later than ten (10) days thereafter, of any such hearing, the Permit Committee shall make findings and recommendations and direct the Secretary of the Permit Committee to place such findings and recommendations on the next regular Council agenda for the Council's consideration and adoption. The Council shall consider the findings and recommendations and may adopt them in total or in lieu thereof may amend, modify or reject them in total. In addition, the Council may send the findings and recommendations back to the Permit Committee with instructions to rehear any relevant matter not previously heard and then resubmit additional amended or modified findings to the Council. The Council may revoke, amend, modify, or impose such other or further terms, conditions or restrictions on the terms, conditions or restrictions theretofore placed in the permit as the Council finds reasonable or necessary to insure that the business enterprise, occupation or event will not be contrary to or inimical to or jeopardize the preservation of the public peace, safety or welfare of the city or its inhabitants or be detrimental to other properties or businesses in the vicinity.

B. Notwithstanding subsection A of this Section or any other provision of this chapter, appeals from any revocation of a parade or block party permit issued pursuant to Chapter 12.07 of this code shall be governed in accordance with the provisions of Chapter 12.07 of this code.

(Ord. 2656 § 5, 2005; Ord. 2632 § 5, 2004; prior code § 6300.20)

No person shall violate or fail to comply with each and every term, conditions and regulation specified in any permit issued pursuant to this Section for any business, enterprise, occupation or event regulated by any Section of this chapter. A violation of any term, condition or regulation specified in such a permit is a misdemeanor. In addition to such administrative action as may be initiated under Section 5.12.240 of this chapter, failure to comply with any condition of a permit or violation of any permit condition shall be subject to prosecution, as provided under Section 1.24.010 of this code.

(Prior code § 6300.21)

No permit required or issued pursuant to any provision of this chapter shall be valid or effective unless and until all license fees, if any, due by the terms of Chapter 5.08 of this title and any other fees or charges due or payable by the applicant by reason of any provision of law or of this code, shall have first been paid to the city.

(Prior code § 6300.22)

A. Establishment of Fees. Except as otherwise provided in this chapter, any person required to procure and maintain a valid business permit for the conduct of any type of business, business activity, event or occupation subject to the permit requirements of this chapter shall be required to pay an application processing fee for the renewal or initial issuance of any such permit. The purpose of the fee shall be to recover the reasonable estimated cost and expense to the city associated with the processing, review, investigation, consideration and final disposition of a business permit application. The amount of such fee shall be established and may, from time to time, be adjusted by City Council resolution.

B. Types of Applications. Business permit applications shall fall into two categories: new applications and renewal applications. Each variety of application shall be subject to the fee requirements of this chapter as set forth by City Council resolution.

C. Distinguishing the Types of Applications. The application of a business permit applicant shall be considered a renewal application if during any portion of the calendar year immediately preceding the calendar year in which the application is submitted, the applicant was the holder of an identical business permit for the same type of business, business activity, enterprise, event or occupation and if all of the following additional conditions apply:

1. The nature of the business, business activity, enterprise, event or occupation for which the permit is required remains the same as under the permit issued the previous calendar year;

2. The name of the applicant remains the same as under the permit issued the previous calendar year;

3. The location of the applicant's business, business activity, enterprise, event or occupation remains the same as under the permit issued the previous calendar year.

Any other application which does not satisfy the foregoing conditions shall be considered a new application.

D. Exemptions. No application fee corresponding to a new application or renewal application shall be required of any business, institution, organization or person exempt from the provisions of this chapter and Chapter 5.04 pursuant to Section 5.04.080(C) of this title. The foregoing exemption shall not apply fees associated with the issuance of fireworks permits as set forth under Chapter 8.16 (Fireworks) of the El Monte Municipal Code.

(Ord. 2721 § 1, 2008: Ord. 2717 § 1, 2008: Ord. 2684 § 3, 2007; Ord. 2671 § 4, 2006; Ord. 2476 § 1, 1998; prior code §§ 6300.23—6300.23.15)

A. Except as otherwise provided under Chapter 12.28 (Encroachments) of the El Monte Municipal Code, the holder of a business permit issued under this chapter (whether pursuant to a new application or a renewal application) may, prior to its expiration, request that the Permit Committee amend the permit to correspond with a changed business address within the city of El Monte. Such an amendment shall be conditioned upon the permit holder's submission of a change of address application form, the payment of a corresponding change of address application fee and a finding by the Permit Committee that all of the following conditions apply:

1. The nature of the business, business activity, enterprise, event or occupation for which the permit was issued will remain the same at the new location;

2. The name of the person in whose name the permit was issued will remain the same at the new location;

3. The new location is one which is properly zoned for the business, business activity, enterprise, event or occupation which corresponds to the permit.

Any other request to amend an existing permit shall require the submission of a new application for a business permit or a renewal application for a business permit, whichever is appropriate, and any subsequent approval of a new business permit shall terminate, replace and supersede the existing permit.

B. The change of address application fee is intended to recover the reasonable estimated cost and expense to the city associated with the processing, review, investigation, consideration and final disposition of a change of address application.

The El Monte Licensing and Treasury Division, on behalf of the Permit Committee, shall maintain copies of the most up-to-date schedule of business permit fees approved by City Council resolution for public inspection and copying.

(Ord. 2721 § 2, 2008: Ord. 2717 § 2, 2008: prior code § 6300.24)

Whenever a permit holder requests or requires a duplicate of a valid business permit issued pursuant to this chapter, the issuance of such a duplicate business permit shall be conditioned upon the permit holder's payment of a duplication fee. The purpose of the duplication fee is to recover the cost and expense to the city associated with the preparation of a duplicate business license. The amount of the duplication fee shall be established and may, from time to time, adjusted by City Council resolution.

(Ord. 2721 § 3, 2008: Ord. 2717 § 3, 2008: prior code § 6300.25)

The El Monte License and Treasury Division, on behalf of the Permit Committee, shall maintain a copy of the most recently adopted schedule of fees implemented under this chapter and shall make such schedule available for public inspection and copying.

(Ord. 2721 § 4, 2008: Ord. 2717 § 4, 2008)

The following words and phrase, when used in this chapter, shall have the meaning set forth below:

"Applicant" means any person who applies for a business permit (whether pursuant to a new application or renewal application) and in whose name the business permit is to be issued.

"City" means the city of El Monte.

"Person" means any natural person, individual, firm, association, organization, general partnership, limited partnership, corporation, limited liability company, limited liability partnership, business trust, joint venture or sole proprietorship.

(Ord. 2717 § 5, 2008)