Hawaiian Gardens Municipal Code Art. I Generally

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

B. In cases where uses are regulated in another area of the Code, the more restrictive regulations shall apply.

(Ord. 412 § 3, 1993)

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 under this chapter shall not preclude the necessity of obtaining any permit required by any other provisions of this Code or ordinance of the City or other applicable law, or the payment of a license fee required by this title.

(Ord. 412 § 3, 1993)

Before any permit is issued pursuant to this chapter, an application for such permit shall be filed with the City Administrator, shall be signed and verified by the applicant accompanied by the fee required and shall set forth the following information as the City Administrator may require:

A. The name and address of the applicant;

B. The name and address of the person operating the business, if different;

C. The name and nature of the business for which a permit is requested;

D. The location where such business is to be conducted;

E. A brief description of the nature and amount of equipment to be used in such business;

F. A personal description of the applicant;

G. Evidence of the identity of the applicant of such character;

H. Fingerprints and thumbprints of the applicant;

I. The total number of persons to be employed for said businesses (see Section 5.06.030);

J. The proposed hours of operation; and

K. A list of all other businesses owned, operated or conducted by the applicant and operator, including the names and addresses.

(Ord. 412 § 3, 1993)

A. The City Administrator, within a reasonable time after the filing of an application, shall cause to be conducted by the Chief of Police such investigation as may be deemed 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.

B. Upon request by the City Administrator, the applicant shall make available for inspection all of applicant's financial books, records and papers at any reasonable time before the application is granted or during the time the permit is in effect, which books, records and papers will be inspected solely for the determination of the factual accuracy of the information contained in the application. Failure to make any such information available within ten days of the City Administrator's request to inspect same shall automatically result in denial or revocation of the permit.

(Ord. 412 § 3, 1993)

Each applicant shall be entitled to a public hearing before the City Council and to reasonable notice of the time and place of such hearing, and the right to be represented by counsel and the right to present all pertinent and relevant evidence pertaining to such application.

A. In order to issue a permit, the City Council must find that the proposed business, profession, trade or occupation will not be detrimental to the public health, safety or welfare of the City or its inhabitants.

B. The City Council 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, as may be necessary or expedient to protect the public peace, health, safety, morals or welfare of the City or its inhabitants.

C. The City Council shall hold the public hearing and either grant or deny the permit within 60 days of the date a completed application is filed with the City Administrator. In the event the City Council fails to act within the time prescribed, the permit shall be deemed granted.

D. The City Council shall have the power to grant or deny all permits required by this chapter and to revoke or suspend any permit or license granted or issued under the provisions of the business license law.

(Ord. 412 § 3, 1993)

The City Council action shall be final and appealable to the Superior Court of the State of California pursuant to the Code of Civil Procedure Section 1094.5.

(Ord. 412 § 3, 1993)

A. 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.

B. 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/she is conducting such business and shall exhibit the same upon request.

(Ord. 412 § 3, 1993)

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 Chapter 5.04.

(Ord. 412 § 3, 1993)

A. Any permit issued under this chapter may be renewed upon the filing of an application for the renewal with the City Administrator on or prior to the expiration date of said permit. Such application for renewal shall be in the same form as any application for an original permit. The City Administrator must renew the permit within 30 days of such request, if the factual information upon which the original application was granted remains unchanged and no violations have been committed. Upon such request for renewal, the applicant must state that no change has occurred since issuance of the original permit.

B. The City Administrator may conduct such investigation as he/she in his/her discretion deems necessary in connection with the renewal of any permit.

(Ord. 412 § 3, 1993)

The City Council, from time to time, shall establish by resolution the application and investigation fees which shall be submitted with an application for processing a regulatory permit under this chapter.

(Ord. 412 § 3, 1993)

The City Council may refuse to issue a permit, may revoke or refuse to renew a license in the City on certification by the City Administrator that any condition listed in Section 1.14.040 has occurred. The revocation shall be in accordance with the procedure set forth in Chapter 1.14.

(Ord. 412 § 3, 1993)

No permit issued under this chapter shall be transferable except by the consent of the City Council.

(Ord. 412 § 3, 1993)

Any permit may be modified or the terms and provisions of any permit modified, amended or changed upon application and a hearing before the City Council. Such application for a modification shall be processed in the same manner as the original application and shall be subject to all of the terms and provisions imposed in this chapter in respect to the processing of the original application. The fee for said modification shall be set by City Council resolution.

(Ord. 412 § 3, 1993)