Irwindale Municipal Code Ch. 5.12 City Clerk Permits

In addition to the payment of a license fee as provided for in Chapter 5.08, certain businesses, professions, trades and/or occupations as set forth in this chapter shall obtain first a permit from the city clerk to operate the business, profession, trade or occupation within the city pursuant to the terms and provisions of this chapter. No person shall operate a business, profession, trade or occupation as set forth in this chapter without first obtaining a permit to do so from the city clerk.

(Ord. 91 § 1(h)(part), 1960: prior code § 6270).

It is the intention of this chapter to provide special permit procedure for those businesses enumerated in this chapter. The omission of enumeration of other businesses and activities covered in other sections of Chapters 5.04 through 5.16 requiring permits or subject to franchises shall not be deemed or construed as an intention upon the part of the city council to relieve said businesses or occupations from the permit procedure or franchise procedure under which they may be governed pursuant to Chapters 5.04 through 5.16 or state law.

(Ord. 91 § 1(h)(part), 1960: prior code § 6271).

Notwithstanding any other provision of Chapters 5.04 through 5.16, the city clerk shall not issue a permit to anyone to operate or participate in the operation of any business, profession, trade, occupation, service or activity which is made unlawful by Chapters 5.04 through 5.16, or other ordinances of the city, and state or federal law.

(Ord. 91 § 1(h)(part), 1960: prior code § 6272).

The application for any permit required by this chapter shall be filed with the city clerk, shall be signed and verified by the applicant, and shall set forth the following:

A. The name and address of the applicant;

B. The name and address of the person by whom employed, if any; if filed in behalf of a partnership, corporation or association, the names and addresses of the partners or principal officers of such corporation or association;

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

D. The place 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. The personal description of the applicant;

G. Evidence of the identity of the applicant of such character as the council or city clerk, as the case may be, may require;

H. Fingerprints and thumbprints of applicant only when specifically required.

(Ord. 91 § 1(h)(part), 1960: prior code § 6273).

Unless otherwise stated in this chapter, the fee for filing an application for a permit pursuant to this chapter shall be two dollars, payable in advance. The license fee prescribed in Chapter 5.08 for the particular business and the permit fee shall accompany the application.

(Ord. 91 § 1(h)(part), 1960: prior code § 6274).

Except as provided in this chapter, the city clerk, after investigation of the application and after the processing of the application as provided for herein, may grant the permit, provided all the terms and conditions of this chapter are met.

(Ord. 91 § 1 (h)(part), 1960: prior code § 6275).

Any person aggrieved by the action of the city clerk in the refusal to issue a permit as provided in this chapter shall have the right to appeal to the city council. Such appeal shall be taken by filing with the city clerk, within ten days after notice in writing of the action of the city clerk complained of has been received by the applicant or has been mailed to the applicant's last known address, a written statement setting forth in general that an appeal to the city council has been taken from such refusal to issue a permit, and setting forth the reasons why the appeal is taken. The city clerk shall set a time and place for hearing on such appeal before the city council and notice of such hearing shall be given to the applicant by mailing notice, postage prepaid, to the applicant's last known address at least five days prior to the date set for hearing. The hearing shall be set within thirty days following receipt of the notice of appeal. The hearing may be continued from time to time by the city council as it deems necessary. The city council may, in its discretion, grant or refuse the permit, basing its decision upon the public peace, health, safety, morals or welfare.

(Ord. 91 § 1(h)(part), 1960: prior code § 6276).

Such permit shall be posted in a conspicuous place on the premises where the business for which such permit is issued is conducted, and shall remain so posted during the period the permit is in force. No permit issued under this chapter shall be transferable except by the consent of the council.

(Ord. 91 § 1(h)(part), 1960: prior code § 6277).

Any permit issued pursuant to the terms of this chapter may be revoked or suspended at any time thereafter by the city council in the manner and in accordance with the procedure set forth in Section 5.04.210.

(Ord. 91 § 1(h)(part), 1960: prior code § 6278).

It is unlawful to conduct the following businesses without having a permit to conduct the same issued by the city clerk pursuant to this chapter. Those businesses, professions, and trades requiring a permit, and additional rules and regulations governing the same, are as follows:

A. AMBULANCES.

1. Ambulance Operator.

a. Definition. "Ambulance operator" means any person who, for any monetary or other consideration or as an incident to any other occupation and not pursuant to any contract with the county, transports in one or more ambulances one or more persons from any location in the city to any hospital or other place giving first aid or medical treatment, regardless of the location of such hospital or other place. "Ambulance operator" does not include a person who maintains ambulances for the use of his own employees in connection with the operation by such person of a plant hospital or first aid station for such employees.

b. Permit. The city clerk shall not issue a permit to any ambulance operator unless the applicant first files with him a policy of liability insurance on such ambulances. The minimum amount of recovery for such policy shall not be less than the following sums:

i. For the injury to any one person or the death of any one person in any one accident, ten thousand dollars;

ii. For the injury to two or more persons, or death of two or more persons, or the injury to one person or more, in any one accident, twenty thousand dollars;

iii. For the injury or destruction of property in any one accident, five thousand dollars.

c. Insurance Cancellation. The insurance policy required before an ambulance license is issued shall not provide for the cancellation thereof unless it provides that not less than thirty days' written notice of such cancellation shall first be given to the city clerk.

d. Rebates. An ambulance operator shall not give, directly or indirectly, or cause to be given, any rebates, commissions, reserve rebates, or any reduced rates or cash discounts to any person or persons, or groups of any nature, except as provided herein.

e. Rates-General. An ambulance operator shall charge the following rates, no more, no less, for one patient:

i. Response to call and first mile or fractions thereof, ten dollars;

ii. Each additional mile or fraction thereof, one dollar.

f. Rates-Additional Patients. An ambulance operator may and shall charge for each additional patient carried at the time one-half of the cost allowed for only one patient. For group loads from the same origin to the same destination, the ambulance operator shall divide the total charges, other than special charges, equally among the patients.

g. Rates-Special Handling. In cases requiring special handling or in cases where special services are requested either by the patient or his authorized representative, the ambulance operator, if he separately itemizes such charge in any bill presented to the patient, in addition to the other charges permitted by this chapter, may charge and collect an amount equal to the cost of furnishing such special handling or special services.

2. Ambulance Driver.

a. Definition. "Ambulance driver" means any person who drives an ambulance not pursuant to any contract with the county, in which is transported any person needing medical attention, which person entered or was placed in such ambulance at any location in the city.

b. Permit. The city clerk shall not issue a permit to any ambulance driver unless said ambulance driver, within thirty days after applying for an ambulance driver's permit, registers with the American Red Cross and obtains and keeps in his possession a standard Red Cross card.

B. AUTOMOBILE REPAIRERS.

1. Definitions.

a. "Automobile repair shop" means:

i. Any place where motor vehicles of others are repaired for a charge;

ii. Any place where the work of repairing motor vehicles is carried on as an incident to the business of selling motor vehicles, or new or used motor vehicles parts, or as an incident to any other traffic in motor vehicles or their parts or equipment.

b. "Automobile repair shop" does not include any place where only the following work is done:

i. Tire changing or tire repairing;

ii. Lamp globe or lamp changing;

iii. Fan belt changing;

iv. The charging or changing of batteries;

v. Work only for an automobile repairer and not the owner of the motor vehicle;

vi. Fitting and replacing glass in motor vehicle windows;

vii. Cutting and fitting seat covers;

viii. The installation of such minor parts or the making of such trivial repairs as is customarily done as an incident to the business of selling motor fuel, oil or accessories;

ix. Painting and enameling;

x. Body and fender work.

c. "Repairer" means any person who manages, conducts, or runs an automobile repair shop.

2. Records.

a. Wreck or Collision. Every repairer shall keep a record upon forms prescribed by the police department of the repairs on every motor vehicle where there is physical evidence of a wreck or collision.

b. Repairs. Every repairer shall keep a record upon forms prescribed by the police department of every repair of a motor vehicle for which a charge of five dollars or more is made.

c. Secondhand Parts. Every repairer shall keep a record upon forms prescribed by the police department of the name and address of every person from whom secondhand parts were obtained. Such person shall sign such records. The repairer shall require such persons to sign such records.

d. Serial Numbers. Every repairer shall keep a record on forms prescribed by the police department, of all motor changes, frame changes, body changes, and the serial and factory numbers of all radios which he installs.

e. Inspection. For a period of not less than one year after the completion of the work, a repairer shall make available to inspection by the police department, or by any other peace officer during business hours, all records required by this subsection.

3. Itemized Statements. Upon the demand of such person, a repairer shall furnish an itemized statement of parts and labor used in repairing any motor vehicle of the charges made therefor to:

a. The legal owner of such motor vehicle;

b. The registered owner of such motor vehicle;

c. The insurer of such motor vehicle or of the legal or registered owner or operator thereof.

4. Use of Secondhand Parts. Whenever a repairer uses any secondhand parts in repairing or altering any motor vehicle, such repairer shall so inform the person for whom he is performing such repair or alteration, and shall also so state upon any bill rendered and upon any record required by this subsection.

5. Signs. Every repairer shall maintain upon the front of his place of business a sign displaying in plainly legible letters his name or any fictitious name under which he conducts his business.

6. License Revocation. In addition to other reasons, the city council may revoke the license of any repairer upon any of the following grounds:

a. The conviction of the repairer or his agent, servant, or employee of the theft or other unlawful taking of any motor vehicle or motor vehicle part;

b. The mutilation or alteration of any engine number or serial number of any motor vehicle;

c. The misstatement of work done, among other things including:

i. The installation of old parts and charging for new ones,

ii. Charging for parts not installed;

d. Conspiracy with any person to defraud the owner of any motor vehicle or any person financially interested in the cost of repair of any motor vehicle;

e. Making any false statement relating to the repair, storage or towing of any motor vehicle.

C. Cafe, Food Establishment, Public Eating Place or Hawker.

1. Definitions.

a. "Cafe," "food establishment," and "public eating place" means and includes every restaurant, public school, lunchroom, tearoom, coffee shop, soda fountain, public boardinghouse, hotel, club, beer parlor, barroom, cocktail lounge, and every other public place where food or beverages are sold or served and are to be consumed by the public upon the premises. Public eating place also includes all places where sandwiches, lunches, and food or drinks of any and all kinds are prepared for sale or gift to the public, whether sold or given or consumed on the premises where prepared, or not.

b. "Hawker" means any person who proclaims his wares, including liquids or edibles for human consumption, on the street or property adjacent thereto, the articles for sale being contained in or on a wagon, box, vehicle, platform, rack, basket, or carried by the person, except milk, bottled water, ice or bakery distributors rendering the service of delivering their product to regular customers.

2. Health Permit.

a. Required. The city clerk shall not issue a permit to any cafe, food establishment, caterer, public eating place, or hawker unless the business has and keeps in effect a permit from the health officer for the conducting of the business.

b. Application Requirements and Fee. Each applicant for a health permit pursuant to this subsection shall pay a fee upon the filing of the application with the city clerk in the amount of ten dollars, payable in advance. The application shall be filed with the city clerk and shall meet all the terms and requirements of this chapter, and shall contain any additional information and evidence as required by the health officer.

c. Issuance. The application shall thereafter be referred to the health officer for processing and report to the city clerk. If the city health officer approves the issuance of a permit, the city clerk shall, upon payment of the business license as provided in Chapter 5.08, issue a permit to the applicant.

3. County Health License. Where the applicant has a valid unexpired county health license, the city clerk and the health officer may agree, if they find that the public health will be protected, to accept that license in lieu of an application and issuance of an additional license by the city. No business license shall be issued by the city clerk to any person for any cafe, food establishment, public eating place, or hawker, unless the applicant first presents to the city clerk either a current valid or unrevoked city or county health permit, or both, as determined by the city clerk and health officer, aforesaid, or evidence in writing that without the performance of any further condition by the applicant, such a permit will issue.

D. Locksmith.

1. Definition. "Locksmith business" means the business, trade, or occupation of making, fashioning, or duplicating keys for locks or similar devices, or constructing, reconstructing, or repairing or adjusting locks, or opening or closing locks for others by mechanical means other than the regular keys furnished for that purpose by the manufacturer of the locks.

2. Application—Information. Every application for a locksmith permit may in addition contain such additional information as the city clerk deems necessary. The city clerk shall consult from time to time with the police department concerning the additional information necessary for the application.

3. Application—Processing. All such applications shall be forwarded to the police department for a report and/or recommendations by the police department. If the police department reports to the city clerk recommending that the permit be denied, the city clerk must deny the issuance of the permit.

E. Solicitors.

1. Permit—Required. All persons soliciting, as defined in Section 5.08.370, and not coming within the definition of peddlers, as set forth in Section 5.08.330, shall, before so soliciting the sale of goods and services, as defined therein, have a valid unexpired permit to do so issued by the city clerk as provided for in this subsection.

2. Application—Information. In addition to the requirements set forth in Section 5.12.040, the applicant shall set forth the following:

a. Name and permanent home address of each solicitor;

b. Length of time for which right to do business is desired;

c. The name and address of the employer or the person, firm or corporation for whom the solicitor is performing his services;

d. The name and address of the person, firm or corporation where further development, consummation or completion of the services performed by the solicitor will be done, the proposed method of delivery to the purchaser or consumer, and the length of time within which the delivery will be made;

e. The nature of the type of soliciting to be performed; in other words, whether the soliciting is for the sale of goods and, if so, the general description of the type of goods to be sold, or whether the soliciting is for the sale of services to be performed in the future and, if so, the type of services sought to be sold, and the time and place for possible future performance;

f. Two photographs of the applicant taken within sixty days immediately prior to the filing of the application, which picture shall be two inches by two inches showing the head and shoulders in a clear and distinguishing manner.

3. Application—Fee. Every person filing an application for a solicitor's permit under this subsection shall file with the application a fee in the amount of ten dollars which shall not be refundable under any circumstances. This fee is in addition to the license fee required by Section 5.08.360. The purpose of the application fee is to help defer the cost of the investigation of the applicant. The fee provided in this subdivision shall be in lieu of the fee set forth in Section 5.12.050.

4. Investigation. Upon receipt of the application, a copy thereof shall be transferred to the license investigation and report concerning the applicant's business and moral character, for the protection of the public. If, as a result of such investigation, the applicant's character or business responsibility is reported to be unsatisfactory and such is endorsed upon the application with the reason thereof being stated, the city clerk shall notify the applicant that his application is rejected and that no license will be issued. If, on the other hand, as a result of such investigation, the business responsibility and character of the applicant are found to be satisfactory, such fact shall be endorsed upon the application and returned to the city clerk who shall, upon payment of the license fee described in Section 5.08.360, issue and deliver to the applicant his license.

5. Permit—Contents. Each permit shall show the name and address of each solicitor permittee and have attached thereto a picture of the permittee, in addition to other matters which business permits require to show pursuant to the provisions of Chapters 5.04 through 5.16.

F. Car Dealers. A permit shall not be granted to any car dealer, both new and used, unless he has a dealer's certificate issued pursuant to the provisions of the State Vehicle Code, and unless he has otherwise complied with all requirements of state law. A permit issued to a car dealer is good only as long as he has his certificate or other permit required by state law, and shall be automatically revoked without notice should such certificate or permit be revoked or if at any time such car dealer does not have such a permit or certificate.

G. Secondhand Dealers.

1. Permit. The city clerk shall not issue a permit to any secondhand dealer unless and until the application for such permit has been approved by the police department. The application fee for such permit shall be the sum of ten dollars, which fee shall be in lieu of the fee set forth in Section 5.12.050.

2. Reports.

a. Every secondhand dealer so licensed shall be required to keep and make reports on such forms as may be required by the chief of police and approved by the city attorney.

b. A secondhand dealer, other than a used car dealer, shall not melt, destroy, sell or otherwise dispose of any article, goods, wares, merchandise or thing obtained in such business until fourteen days after making a report to the police department, on forms provided, that such article, goods, wares, merchandise or thing has been purchased or received by such dealer.

H. Junk Dealers.

1. Permit. The city clerk shall not issue a permit to any junk dealer unless and until the application for such permit has been approved by the police department. The application fee for such permit shall be the sum of ten dollars, which fee shall be in lieu of the fee set forth in Section 5.12.050.

2. Reports. Every junk dealer so licensed shall be required to keep and make reports on such forms as may be required by the chief of police and approved by the city attorney.

I. Swap Meets.

1. Permit. The city clerk shall not issue a permit to any swap meet operator unless and until the application for such permit has been referred to the police department for investigation and a report on such investigation has been received from the police department. The application fee for such permit shall be the sum of ten dollars, which fee shall be in lieu of the fee set forth in Section 5.12.050.

2. Reports. Every swap meet operator so licensed shall be required to keep and make reports on such forms as may be required by the chief of police and approved by the city attorney.

J. Trade-In Dealer.

1. Definition. "Trade-in dealer" means any person engaged in the business of selling at retail new goods, wares, and merchandise, who, in conjunction with such business, sells or offers to sell any secondhand goods, wares, or merchandise received as payment, or part payment, for new goods, wares or merchandise, except used tires or used batteries which are taken as full or as part payment for new tires or new batteries, and who sells no other secondhand goods, wares or merchandise.

2. Reports—Required. On or before the tenth day of every calendar month, every trade-in dealer shall either personally deliver or mail to the city clerk a complete report of all goods, wares, merchandise or other things received as trade-ins which have a serial number, frame number, motor number or other identifying number or letter, or group of letters. This subsection does not require a report of the receipt of any goods, wares, merchandise, or other thing which:

a. Have no identifying number or letter or group of letters; or

b. Was originally sold new by the same trade-in dealer; or

c. Are used tires or used batteries taken as trade-ins for new tires or new batteries.

3. Reports—Forms. Every trade-in dealer so licensed shall be required to keep and make reports on such forms as may be required by the chief of police and approved by the city attorney.

K. Advertising by Distributing Handbills.

L. Advertising by Posting.

M. Advertising by Searchlight.

N. Advertising by Banner, Pennants, Flags or Decorations.

O. Automobile Rental.

1. Records. Every person conducting the business of renting motor vehicles without drivers shall keep a record of all rentals on a form to be prescribed by the police department and approved by the city attorney.

2. Rental Restrictions. A person shall not rent any motor vehicle without a driver unless the person who is to operate such vehicle exhibits to the lessor a valid existing operator's license or chauffeur's license permitting such operator to operate such vehicle upon the public streets and highways of the state. All information required by the police department appearing upon such license shall be taken from such license. A license issued pursuant to this section to conduct the business of renting motor vehicles without drivers does not permit the sale of such vehicle.

P. Charitable Solicitations. See Section 5.08.360.

Q. Key Duplicator.

1. Definition. "Key duplicator" means every person not principally engaged in the locksmith business as defined in subsection E of this section, who in his place of business duplicates keys for locks or similar devices.

R. Advertising by Sound Trucks.

S. Pawnbrokers.

1. Definitions.

a. "Pawnbroker" means any person engaged in any one or more of the following businesses:

i. Pawnbroking;

ii. Lending money for himself or any other person upon personal property, pawns or pledges in the possession of the lender;

iii. Purchasing articles of personal property and reselling or agreeing to resell such articles to the vendors or assignees at prices agreed upon at or before the time of such purchase.

b. "Pawnshop" means any room, store, building or other place in which the business of pawnbroker is engaged in, carried on, or conducted.

2. License Application. The city clerk shall not issue a license to any pawnbroker unless and until the application for such license has been approved by the police department.

3. Reports. Every pawnbroker so licensed shall be required to keep and make reports on such forms as may be required by the police department and approved by the city attorney.

T. Rubbish, Waste, and Garbage Collection and Transportation.

1. License Required. Every person operating one or more trucks in the business of collecting, transporting, conveying, hauling, or disposing of any rubbish, garbage, waste or refuse from the property where such materials originate, to any other location for transfer, salvage or disposal within or outside of the city, where such acts are not being carried on or conducted pursuant to a franchise or contract granted or entered into by the city, shall, before so conducting such business, apply to the city clerk as provided in this chapter and meet the other requirements and conditions of Chapters 5.04 through 5.16. The city clerk shall determine that said requirements and conditions are met before issuing a license.

2. Householder's Exclusion. Householders hauling occasional loads of waste, refuse or manure not containing garbage from his own premises to a legal point of disposal shall be excepted from the provisions of Chapters 5.04 through 5.16.

3. Gardener's Exclusion. This subsection does not apply to hauling and disposal of grass cuttings, pruning, manure or other rubbish not containing garbage to or at a legal point of disposal as a part of gardening or horticulture.

U. Vending and Other Coin-Operated Machines.

1. Applicants to Set Forth Location. In addition to the requirements of this chapter, each owner or operator of a vending or other coin-operated machine shall report to the city clerk the location or place of each machine and give the city clerk a complete description of the type of machine so located and the type of amusement, service, entertainment, goods, wares, merchandise, edibles or liquids supplied by the machine. Such a machine shall not be moved from this location unless the applicant files a written statement with the city clerk to relocate the machine.

2. Coin-Operated Games of Skill. Coin-operated machines of the so-called games of skill nature shall not be installed unless a permit to do so has been obtained from the city council and a previous report received from both the city attorney and police department as to whether or not such machine would be legal under state and local ordinances, and also as to the feasibility of licensing such a machine.

V. Collection Agencies. The city clerk shall not issue a permit to any collection agency or collection company unless and until the applicant for such license has filed with the city clerk, in a form approved by the city attorney, a policy of insurance or undertaking inuring to the benefit of any person or persons who may be damaged or injured by any action of such licensee. The minimum obligation under such policy of insurance or undertaking shall be the sum of five thousand dollars for the licensee, and the sum of five thousand dollars for each agent and employee thereof.

W. Auctioneers.

1. Bond. The city clerk shall not issue a license unless and until the applicant has filed a faithful performance bond with the city clerk, substantially as follows:

"AUCTIONEER'S BOND

KNOW ALL MEN BY THESE PRESENTS:

"That we ___________, as Principal, and ___________ and ___________, As Sureties, are held and firmly bound, both jointly and severally, in the sum of Five Thousand Dollars, lawful money of the United States, unto the City of Irwindale, a municipal corporation, and to every person, firm or corporation, insuring any of them against any loss or damage that may result to any person, firm or corporation who is aggrieved or damaged by any act of the principal as auctioneer or by any of his employees in violation of or contrary to any provision of Section 5.12.100 of the Irwindale Municipal Code, or by the fraud or other misdealing of any kind by the principal or by any employee of the principal. This undertaking is not void upon the first recovery but may be sued upon and recovered upon from time to time by any person aggrieved until the whole penalty is exhausted in the full sum of $5,000 lawful money of the United States of America, for the payment of which well and truly to be made we hereby bind ourselves and our heirs, and each of our successors and assigns, jointly and severally, firmly by these presents.

"The conditions of this obligation are such that, whereas, the said principal has applied, or is about to apply to the City Clerk of the City of Irwindale for a license to engage in the business of auctioneer in accordance with the provisions and requirements of said Section 5.12.100.

"NOW, THEREFORE, if the said principal shall faithfully abide by and conform to the provisions of Section 5.12.100 of the Irwindale Municipal Code and neither said principal nor any of his employees cheats, defrauds, or otherwise injures any customer of said principal, then this obligation shall be void; otherwise this obligation shall remain in full force and effect until the full penalty thereof is exhausted and any person suffering damage by reason of a violation of any of the conditions of the obligation by the principal therein named or any of his employees, may sue and recover thereon in his, its or their own name.

"The liability of the sureties upon this bond shall be and remain in full force and effect for the full period of the license issued to the principal herein named and thereafter upon any liability incurred by the principal during such period as long as he remains liable thereon. Discharge in bankruptcy of the principal shall not relieve the sureties of any incurred liability.

"IN WITNESS WHEREOF the said principal and the said sureties have caused these presented to be duly signed this _____ day of ___________, 19___, to be effective ___________ and to expire ___________.

X. Automobile Towing Services. The city clerk shall require a permit pursuant to this chapter in addition to a business license for any person engaged in the business of automobile towing services. Such permit shall be denied by the city clerk if, upon investigation, it appears that such person either as principal or managing employee is not of good moral character.

(Ord. 166 § 2, 1965; Ord. 91 § 1(h)(part), 1960: prior code § 6279).

(Ord. No. 677, § 2, 5-14-14)