Fresno Municipal Code Art. 1 General Provisions

All persons who carry on, or attempt to carry on any business, occupation or profession, shall procure a permit therefor, if required by this Code, and no person shall aid, assist or abet such persons in doing so without a permit.

(Orig. Ord. 1076).

No person who sells ice or other foodstuffs, and stuffs intended to be used or prepared to be used for human consumption, or to be used as medicine for human beings, by weight or measure, shall fail to weigh on accurate scales, if sale is by weight, or measure by an accurate measure, if sale is by measure, the commodity sold, at the time and place of sale, or by weighing or measuring such commodity, shall fail upon request of purchaser to furnish a written memorandum, signed by him showing date of sale and weight or measure of commodity sold; provided, however, that this section shall not apply to such commodities when sold in containers on which the net contents is marked thereon, in accordance with an act of the legislature of the State of California, known as the "Net Container Act"; provided further, that such person shall not be required to weigh any such commodity so sold where the amount of the purchase is in excess of ninety-nine pounds unless requested to do so by the purchaser.

(Orig. Ord. 1076).

(a) No person shall erect any public scales in any public street, lane or alley after January 1, 1959.

(b) Scales erected prior to January 1, 1959, shall be maintained in a safe condition to the satisfaction of the Director of Public Works. The platform of each such scale shall be covered with material of like quality and appearance as the top of adjoining pavement.

(c) No person shall maintain a scale erected prior to January 1, 1959, in any public street, lane, alley or avenue unless such person shall:

(1) Agree to hold the city, its officers, agents and employees harmless from any and all liability arising out of the placing or maintenance of said scale or scales in the public streets, lanes, alleys or avenues, and

(2) Maintain a policy of insurance with limits of not less than one hundred thousand dollars ($100,000) for injuries to or death of any one person, subject to a limit of three hundred thousand dollars ($300,000) for each accident, and not less than one hundred thousand dollars ($100,000) for property damage; and that said policy cover the contractual liability as set forth in this subsection. Said policy of insurance shall be renewed or a new policy furnished on the first day of July of each and every year thereafter during which the scale is maintained as above set forth.

(Orig. Ords. 709 and 2454; Am. Ord. 5473, 1959).

No person shall sell any goods, wares or merchandise within the Fresno Memorial Auditorium, or upon the premises where such auditorium is situated, except programs in connection with an entertainment therein, without first procuring a contract therefor from the auditorium manager.

(Orig. Ord. 1076; Am. Ord. 5317, 1958).

(a) Definition. For purposes of this article, hotel means any public or private space or structure, including but not limited to, any inn, hostelry, tourist home, motel, lodging house, or motel rooming house offering space for sleeping or overnight accommodations in exchange for rent and for a period of less than thirty days. Hotel includes the parking lot and other common areas of the hotel. Hotel does not include living accommodations provided at any governmental or nonprofit institution in connection with the functions of that institution, or short-term rentals regulated by Section 7-1249 of this Code.

(b) The operator of any hotel, where such establishment is located within the city, shall at all times keep and maintain therein a book or register in which shall be inscribed, either electronically or in ink, in legible English language, written documentation of information about a guest, which includes at a minimum the following information:

(1) As provided by the guest in response to an inquiry or by other means:

(i) The name, date of birth, and address of each guest, or person who exercises occupancy or is entitled to occupancy in a hotel by reason of concession, permit, right of access, license, or other agreement;

(ii) The total number of guests;

(iii) The make, type, and license number of the guest's vehicle if the vehicle will be parked on hotel premises that are under the control of the operator or hotel management;

(iv) Identification information as required by subsection (d)(1) of this section, as provided on a document containing the name, date of birth, description and picture of a person, issued by the federal government, the State of California, another state, a county or municipal government, including but not limited to: a motor vehicle's operator's license, an identification card, an identification card issued to a member of the Armed Forces, or a passport issued by a foreign government to any of its citizens and nationals which has been approved by the city as valid identification.

(2) The day, month, year, and time of arrival of each guest;

(3) The number, symbol, or location of the room rented or assigned to each guest;

(4) The date each guest is scheduled to depart;

(5) The rate charged and amount collected for rental of the room assigned to each guest;

(6) The method of payment for the room; and

(7) The full name of the person (hotel employee) checking in the guest.

(i) For a guest checking in via electronic registration kiosk at the hotel, instead of the information as provided in subsection (b)(1)-(6), the hotel shall record the name, reservation information, and credit card information provided by the guest, as well as the identifying symbol of the kiosk where the guest checked in and the room number assigned to the guest.

(c) Maintenance of Hotel Record. Every person who owns or operates any hotel as defined in this section is subject to this section and shall keep a register of persons who board or lodge in such establishment. Such register shall be kept for a minimum of one year after the date of its most recent entry. Every operator of a hotel as defined in this section shall comply with the following requirements for maintaining the hotel record. The record is a written documentation of information about a guest that may be maintained electronically, in a book, or on cards.

(1) The records shall be kept on the premises in the guest reception or guest check-in area or in an office adjacent to that area.

(2) No person shall alter, deface, or erase a record so as to make the information recorded in it illegible or unintelligible, or hinder, obstruct or interfere with any inspection of the record under this section.

(3) Any record maintained in the form of a book shall be permanently bound, each page shall be sequentially numbered and the book shall be the minimum size of eight inches by ten inches. No page shall be removed from the book. Any record maintained in the form of cards shall be on cards that are a minimum size of two and one-half inches by four inches and numbered consecutively and used in sequence. Any card numbered within the sequence of utilized cards shall be preserved as part of the record even if it not used for a room rental. The numbers shall be printed or otherwise indelibly affixed to the cards. If maintained electronically, the record shall be printable.

(4) Nothing in this section prevents the operator from maintaining the record for longer than one year in order to comply with any other provision of law, including the obligation to maintain and produce records for the purpose of paying a transient occupancy tax.

(5) Information obtained from a guest pursuant to this section shall be used only for the purposes mentioned in this section. Reasonable technical and organizational confidential and security measures shall be implemented to protect against accidental or unlawful alteration or loss, or from unauthorized use, disclosure or access of information provided by a guest and maintained as a hotel record pursuant to this section. At the end of the retention period required by this section, records required by this section and containing personal information shall be subject to disposal in such a manner that the record cannot be used or accessed and cannot be read or deciphered by any means.

(d) Renting of Hotel Rooms. The operator of a hotel shall not rent a room except in compliance with the following conditions:

(1) The operator shall require the guest who is registering to verify his or her identification through production of a driver's license, passport, government issued identification card or other acceptable proof of identification as described in subsection (b)(1)(iv). The hotel registrar shall record that identification was verified in accordance with this requirement and note the type of documentation which was provided by the guest to verify the guest's identification. Allowing a guest to register without verifying the guest's identification as required by this subsection is unlawful and a violation of this section.

(2) The number and expiration date of the identification document obtained under subsection (d)(1) shall be recorded and maintained by the operator in the record for at least one year. Nothing in this section prevents the operator from maintaining the record for longer than one year in order to comply with any other provision of law, including the obligation to maintain and produce records for the purpose of paying a transient occupancy tax.

(e) Training of employees. The owner or proprietor of a hotel business shall take all reasonable steps, including but not limited to, providing training regarding this section to ensure the person who checks a person into the hotel complies with the provisions of this section. A person who has not been trained shall not be assigned to check persons into the hotel.

(f) Register Subject to Inspection. Such hotel register shall, upon demand, be open for inspection or investigation by any member of the Police Department or other peace officer of the city, immediately upon demand having been made by such peace officer. Should the owner, manager, or other person having management or control not agree to voluntarily produce the hotel registry upon receipt of such request, he or she shall do so upon presentation of a duly executed search warrant authorizing the Police Department's review, inspection, reproduction, and/or impoundment of the hotel registry. An owner, manager or other person in management or control shall not be in violation of this chapter for failure to voluntarily produce the guest registry but shall be in violation for failure to do so immediately upon presentation of a duly executed search warrant requiring the production. An owner, manager, or other person in management or control may be required to secure the register in the presence of the Police Department and in a manner specified by the Police Department to ensure the register is not tampered with until such time a warrant has been issued or denied.

(g) Fictitious Names. It shall be unlawful for any person to register at any hotel in the city under the name of any other person or a fictitious person, or to give or sign or cause to be signed, upon the register of any hotel any assumed, false, or fictitious name, or any name other than the true and correct name of the person so registering or so giving or signing or causing his name to be signed.

(h) Hourly Room Rentals Prohibited. No person conducting or owning any hotel and no person in charge, management, or control of such an establishment shall let or cause to be let any room or area of the establishment for a period of fewer than twelve hours, nor shall any such person let or cause to be rented any room or area of the establishment more than twice in any 24-hour period commencing at 12:01 a.m.

(i) Use for Immoral or Unlawful Purposes Prohibited. It shall be unlawful for any person, whether owner, manager, agent, or resident, to knowingly rent, lease, sublet, hire, or agree to rent, lease, sublet, or hire, any room in a hotel to any person who offers to engage in immoral or unlawful activity, including but not limited to human trafficking; offering, engaging, or agreeing to engage in sexual conduct for a fee; soliciting another in a public place to engage with any person in sexual conduct for hire; receiving money pursuant to an agreement to participate in the proceeds of prostitution; solicitation of another to engage in sexual conduct with another person for compensation; or any person who owns, invests in, finances, controls, supervises, or manages a prostitution enterprise that uses two or more prostitutes.

(j) Penalty for Violation. Any person violating or failing to comply with any of the provisions of this article shall be guilty of a misdemeanor. Every person who violates any provision of this article may also be subject to administrative citations as provided in this code.

(Orig. Ord. 1076; Am. Ord. 2019-039, § 1, eff. 12-13-19).

The following procedures shall be used for the suspension or revocation of any permit issued under this chapter except to the extent that if any of the provisions in this section conflict with any provisions found in any other section or article in this chapter, the provisions found in the other section or article shall control:

(a) Findings. Any permit issued under this chapter may be suspended or revoked for good cause, including, but not limited to the following:

(1) False Statement in Application. If it is determined that the permit holder made any false statement of material fact in the application for the permit, or other document for which the permit approval was based.

(2) Grounds for Denial of Permit. If it is determined that any facts exist that would have been grounds for denial of the permit.

(3) Violation of Condition of Permit. If it is determined that the permit holder violated a condition placed on his or her permit.

(4) Violation of the Code. If it is determined that the permit holder violated any requirement of this Code in connection with the exercise of their permit, including, but not limited to, violating the regulations of this chapter or the business tax requirements under Chapter 5.

(5) Conducting Business in an Illegal or Disorderly Manner; Endangering Public. If it is determined that the permit holder conducts his or her business in an illegal or disorderly manner or in any manner which endangers the public's health, safety or welfare.

(6) Conviction or Determination Involving Fraud or Deceit or Drug Offense. If it is found that the permit holder within the last five years has been found guilty of a crime involving fraud, deceit or dishonesty or has been determined in a final decision in any civil matter or administrative proceeding to have practiced or committed fraud, deceit or dishonesty. If it is found that the permit holder has within the last five years been convicted of a crime or other offense involving moral turpitude, or a conviction of use, possession or sale of a controlled substance.

(7) Insolvency. If it is determined that the permit holder is bankrupt, financially insolvent or unstable and that, in the exercise of reasonable judgment, it appears likely that because of their financial condition, the permit holder will provide inadequate service under his permit.

(8) Disservice to the Public. If it is determined that the permit holder's service to the public is so inadequate or inefficient that, in the exercise of reasonable judgment, it appears that it amounts to a disservice to the public.

(b) Notification of Suspension or Revocation. Notice of suspension or revocation of any permit shall be in writing from the City Manager, or his or her designee, and shall state the reasons for the suspension or revocation, shall state the effective date of revocation or suspension, and shall provide notice of the right to appeal. The City Manager, or his or her designee, may make the effective date immediate upon notification, if the City Manager, or his or her designee, determines that immediate cessation of activities under the permit is necessary to protect the public's health, safety or welfare. Notification of suspension or revocation shall either be served upon the permittee personally, or mailed by certified mail, return receipt requested, addressed to the permittee at the address appearing on the permit. Notice shall be deemed to be received immediately upon personal service or within three days of service by mail. If required upon revocation, the permit holder shall turn over his or her permit to the City Manager, or his or her designee.

(c) Notice to Correct. Where the cause for revocation or suspension is found to be a correctable violation of the Code or where the Code does not otherwise mandate revocation or suspension, the City Manager, or his or her designee, may as an alternative to subsection (b), issue a Notice to Correct allowing the permit holder an opportunity to come into compliance within a reasonable period of time subject to threat of suspension or revocation. A Notice to Correct shall set forth a description of the violation and shall specify what the permit holder must do to correct the matter within the period provided. A Notice to Correct shall not be appealable and shall be served under the procedures in subsection (b).

(d) Appeal to the City Manager. Any decision to suspend or revoke a permit may be appealed in writing by the permit holder to the City Manager, or his or her designee, within fifteen days from service by mail of the notice of revocation or suspension. If no appeal is filed within the fifteen day period, the decision to suspend or revoke shall be final and conclusive. The City Manager, or his or her designee, shall reject or uphold the appeal and provide written notice of his or her decision within thirty days of service of the written appeal. The City Manager, or his or her designee, in his or her discretion, or if required by the Code, may make the decision to revoke or suspend a permit directly appealable to the City Hearing Officer and not offer the appeal provided in this subsection.

(e) Appeal to the City Hearing Officer. Any decision by the City Manager, or his or her designee, to deny an appeal of a suspension or revocation may be appealed to the City Hearing Officer under the procedures in Chapter 1, Article 5. If no appeal is filed in the time prescribed, the decision of the City Manager, or his or her designee, shall be final.

(f) Appeal on Automatic or Summary Suspension. If a permit is automatically suspended under procedures in this chapter, or suspended or revoked with an immediate effective date from notification, the permit holder shall have the right to an appeal within four business days and shall be given, unless waived by the permit holder, at least twenty-four hours written notice of the date, time and place of the hearing.

(g) Stay Pending Appeal. The filing of an appeal to the City Manager or to the City Hearing Officer shall stay the effective date of the suspension or revocation until such time as the appeal is finally decided. Notwithstanding the above and Section 1-406, a suspension or revocation shall not be stayed during the appeal process if it is determined by the City Manager, or his or her designee, that immediate cessation of the permit holder's business activities under his or her permit is necessary to protect the public's health, safety or welfare. If the effective date is not or will not be stayed, the permit holder shall be notified of the notice of revocation or suspension.

(h) New Application After Revocation. If the permit of any person is revoked, no permit shall be granted to such person to conduct or carry on any such business within twelve months after such revocation.

(i) Cumulative Remedy. Any decision to revoke or suspend a permit based upon a Code violation shall be a cumulative remedy to any other remedy provided by this Code, policies adopted under this Code, or by law.

(j) Monies Owed Payable Upon Revocation. In the event a permit is revoked, all sums owed the city shall immediately become due and payable, and no fees and charges shall be refundable or apportioned by the city.

(Added Ord. 2003-67, § 25, eff. 8-31-03).

Notwithstanding any provision of this Code, including Section 1-406, the filing of an appeal under this chapter on a denial of an application or denial of a renewal for a permit does not provide the applicant any authority to exercise the rights that would be provided under the permit, unless the City Manager, or his or her designee, has issued the applicant a temporary permit. Notwithstanding any provision of this Code, temporary permits are revocable at the discretion of the City Manager, or his or her designee. There is no right to appeal from the decision to revoke a temporary permit. Holders of temporary permits must comply with all regulations that would apply to the permit, subject to the penalties for violation of the Code and/or the permit. (Added Ord. 2003-67, § 26, eff. 8-31-03).

In order to implement the Controller's permit investigation functions under the provisions of this Code, he is authorized to obtain state summary criminal history information pursuant to Section 11105 and 13300 of the Penal Code of the State of California. (Added Ord. 80-171, § 6, eff. 12-26-80).

A permit subject to denial, suspension or revocation by the Controller or the Police Chief on the ground that the applicant or permittee has been convicted of a crime involving moral turpitude may only be denied, suspended or revoked on that ground if moral turpitude is inherent in the crime itself, or if the circumstances of the conviction demonstrate unfitness to conduct the business regulated by the permit in question because the crime is substantially related to the qualifications, functions, and duties of such business. (Added Ord. 81-114, § 1, eff. 10-9-81; Am. Ord. 82-35, § 1, eff. 4-16-82).

(a) This Section shall be known as the Infectious Disease Lab Accountability and Transparency Ordinance.

(b) No person or entity shall operate an infectious disease laboratory within the City of Fresno without first obtaining all proper local, state, and federal licensing.

(c) For the purpose of this ordinance, any laboratory as defined in the Clinical Laboratory Improvement Amendments of 1988 (CLIA, 42 CFR Part 493) that operates with a CLIA certification, or a California State laboratory license, is not considered an infectious disease laboratory pursuant to this ordinance and is exempt from the remainder of this ordinance if the proposed laboratory or its representatives provide the City verification through the codified City permitting process of said certification.

(d) For the purpose of this ordinance, "Infectious Diseases" are defined as those diseases identified in Title 17, California Code of Regulations (CCR) Section 2505 and include other experimental diseases not listed or identified by the United States Centers for Disease Control.

(e) For the purpose of this ordinance, "Infectious Disease Laboratory" is defined as a facility for the biological, microbiological, serological, chemical, immunohematological, hematological, biophysical, cytological, pathological, or other examination, or storage of materials that are suggestive of diseases of public health importance as specified in Title 17, CCR Section 2505.

(f) Any person or entity intending to operate an infectious disease laboratory within the City of Fresno without CLIA certification, as described above, shall notify the City of such intent through its Planning Director by letter titled "Notice of Intent to Operate Infectious Disease Laboratory" prior to applying for any entitlement or permit to operate.

(g) Within 30 days of receiving a Notice of Intention and prior to approval of any related conditional use permit or zone clearance, the Planning Director shall notify the City Council in writing of said notice and attach a copy of the same.

(h) No later than 15 days prior to the Planning Director approving any conditional use permit or zone clearance for an infectious disease laboratory, residents and businesses within 1,000 feet shall be notified by the City.

(i) Any person or entity willfully and intentionally violating the provisions of this section or willfully and intentionally making misrepresentations under the CLIA certification requirements shall be guilty of a misdemeanor punishable up to one year in a county jail and a $1,000 fine. The City Attorney is also authorized to refer felony violations of the law to either the Fresno County District Attorney's Office or The California Department of Justice.

(Added Ord. 2023-032, § 1, eff. 11-11-23).