La Puente Municipal Code Ch. 5.08 Business and Occupation Permits

Sections:

• 5.08.010 Definitions.

• 5.08.020 Permit required for certain businesses.

• 5.08.030 Permit issuance procedure.

• 5.08.040 Shopping center carnivals, fairs or amusement rides.

• 5.08.050 Temporary outdoor promotional sales.

• 5.08.060 Grounds for denying permit application.

• 5.08.070 Presentment of permit.

• 5.08.080 Permit renewal procedure.

• 5.08.090 Business permit transfers and changes.

• 5.08.100 Permit modification, suspension and revocation procedure.

• 5.08.110 Grounds for modifying, suspending or revoking permit.

• 5.08.120 Conditions of approval.

• 5.08.130 Refund of fee.

• 5.08.140 Judicial review.

• 5.08.150 Establishment and operation of smoke shops.

*Prior ordinance history: Ord. 1 §§ 6300, 6301, 6304—6307, 6309, Ords. 11, 42, 88, 179, 321, 322, 344, 345, 388, 448, 517, 524, 536 §§ 2, 5, 6, and Ord. 644.

For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

“Constitutionally protected expressive activity” means any activity protected by the First Amendment to the United States Constitution or Article 1, Section 2 of the California Constitution.

“Show” includes a carnival, tent show, or show in the open air, or in a hall or building not specifically constructed for theatrical purposes.

“Solicitor” means a person engaged in soliciting as it is defined in Section 5.46.030 of this title. Any person exempt from the permit requirements in Chapter 5.46 of this title, by virtue of Section 5.46.050, is exempt from the definition of solicitor in this section and in this chapter.

(Ord. 788 § 25, 1999; Ord. 786 § 2 (part), 1999)

(a) No person shall commence, conduct or purport to commence or conduct, the following business activities within the boundaries of the city of La Puente without possessing a valid business permit issued pursuant to this chapter:

(1) Adult entertainment business.*

(2) Adult entertainer.*

(3) Amusement device or business or enterprise attractive to children.*

(4) Automobile or truck dismantling or disassembling, or selling of dismantled parts. *

(5) Automobile wrecking business.*

(6) Billiard club.*

(7) Bowling alley.*

(8) Carnival.*

(9) Dances — private dance, public dance, special dance or teenage dance.*

(10) Entertainment. *

(11) Escort bureaus.*

(12) Escorts.*

(13) Fortunetelling business.*

(14) Going-out-of-business sales and similar sales. *

(15) Gun dealer.*

(16) Junk dealer.*

(17) Junk yard.*

(18) Managers and Promoters.*

(19) Massage establishment.*

(20) Newsracks.

(21) Massage technician.*

(22) Modeling studios.*

(23) Motion picture and television filming.

(24) Pawnshop or broker.*

(25) Peddler.

(26) Private patrol cars.*

(27) Racing handicap service, including advertising horse race predictions.*

(28) Refuse disposal facility.

(29) Rest home.

(30) Secondhand store.*

(31) Sanitarium.

(32) Shooting gallery.*

(33) Shopping center carnivals, fairs or amusement rides.*

(34) Show.*

(35) Solicitation.

(36) Taxicab operator.*

(37) Taxicab driver.*

(38) Tattoo parlor or body piercing.*

(39) Temporary outdoor promotional sales when processed in the manner specified in Section 5.08.050.

(40) Yard sale.

Notes:

*Indicates the applicant is required to be fingerprinted by the Los Angeles County sheriff’s department.

(b) No person may advertise or announce a business activity located in the city of La Puente until he or she has obtained a business permit, where required. “Advertising” or “announcement” includes, but is not limited to, disseminating pamphlets or handbills, publishing newspaper announcements, and broadcasting advertisements on radio, television, the Internet, or by any other communication device.

(c) When any person is engaged in more than one business activity for which a business permit is required in a single location, that person shall be deemed to be conducting each business activity separate and apart from each other business activity even if the separate business activities constitute a single business.

(d) No business permit issued by the city pursuant to this chapter shall be construed as authorizing any business activity which is prohibited under the laws of the United States or the state of California. the federal and state constitutions, this code, or any other applicable law, ordinance, rule or regulation. Any such business permit shall be void.

(e) The director of community development, referred to herein as “director,” shall keep all applications and related records for business permits under this chapter.

(Ord. 789 § 6, 1999; Ord. 788 § 31, 1999; Ord. 786 § 2 (part), 1999)

(a) Application. Applications for business permits shall be filed with the director and shall comply with the following requirements:

(1) Applications shall be filed a minimum of fifteen calendar days prior to the date requested for issuance of the permit.

(2) Applications shall be accompanied by a fee in an amount prescribed by resolution of the city council.

(3) Applications shall be completed on a form designated by the city, and signed by the applicant under penalty of perjury.

(4) The applicant shall authorize the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application.

(5) The applicant has obtained all other required permits or approvals from the city.

(b) Contents of Application Form and Renewal Application Form.

(1) Identification of the applicant, including the name of the business and the name of all owners of the business. Where the applicant is a corporation, association, partnership, limited partnership or other legal entity, “applicant” shall mean each partner, officer, director, and each shareholder owning or controlling more than ten percent of such entity. Rules and regulations governing the procedure for fingerprinting and photo identification, where such fingerprinting and photo identification is required by an application for a particular business permit, shall be established by the Los Angeles County sheriff’s department, license detail. A business permit may be issued to a corporation or to a person operating under a fictitious name who has complied with all of the applicable provisions of the Business and Professions Code of this state. In all other cases, a business permit must be obtained in the true name of the individual, or individuals, so applying;

(2) A complete description of the business activity proposed to be operated, and the location of such proposed business activity, including the address, telephone number and zone;

(3) Name, address and telephone number of the property owner;

(4) The previous use of the property or business, the length of time the building was vacant, and whether there are existing signs on the building;

(5) Changes in signage proposed by the applicant;

(6) Number of parking spaces and handicap spaces;

(7) The presence and type of landscaping;

(8) The presence of trash enclosures;

(9) The number of employees;

(10) The date the business is expected to open;

(11) The proposed hours of operation; and

(12) Any additional information required for the permitting of a particular business when such additional information is specifically required pursuant to other provisions of Title 5.

(c) Review by Director.

(1) An application which is not complete shall be returned to the applicant along with a list of the deficiencies within fifteen calendar days of receipt of the application. The application shall be deemed abandoned if, within ten calendar days from the first class mailing of any notice from the city, the application is not received by the city with all of its defects entirely corrected.

(2) Once a completed application is filed, and the applicant pays the prescribed fee, the director shall initiate an investigation of facts for each business permit application with the appropriate city and county agencies designated to review such applications. This departmental review process shall ensure that the action on each business permit application is consistent with the intent and purpose of this title. Upon completion of the investigation, the director shall review, and either approve or deny, the application. If the application is denied, the grounds for denial shall be based upon the provisions of Section 5.08.060 of this chapter, and the director shall attach to the notice a statement of the reasons for the denial. Notice of the director’s decision shall be mailed by certified or registered mail or personally delivered to the applicant within three days of the date of such decision. For businesses involving constitutionally protected expressive activities, the decision to approve or deny the application shall be made within fifteen calendar days after the filing of a completed application. For business activities which do not involve constitutionally protected expressive activities, the decision to approve or deny the application shall be made within thirty calendar days after the filing of the completed application. The time periods specified herein shall not be extended except upon the written consent of the applicant.

(d) Hearing Before City Council.

(1) Within thirty calendar days after the date of the director’s decision, any interested person may appeal the decision to the city council. The appeal shall set forth the ground(s) for the appeal and shall be accompanied by an appeal fee in an amount prescribed by resolution of the city council. A timely appeal accompanied by the required fee shall automatically entitle the aggrieved party to a hearing Before the City Council.

(2) The hearing shall be held and action taken at the next regularly scheduled city council meeting following the timely filing of a complete appeal; provided, however, that the “next regularly scheduled meeting” shall mean a regularly scheduled meeting which is at least fourteen days after the timely filing of a complete appeal. The “next regularly scheduled meeting” shall not be more than thirty calendar days after the timely filing of a complete appeal unless the applicant requests an extension.

(3) Notice of the hearing shall be given at least ten calendar days prior to the hearing in the following manner:

(A) Notice of the public hearing shall be posted at the three legal posting places specified in Section 2.04.140 of this code and shall include the time, place and date set for hearing as well as the business activity proposed to be operated, and the location of operation of such proposed business activity.

(B) Notice of the public hearing shall be posted on the site on which the proposed business activity is to be located and upon the street on which the proposed business activity is to be located. Such notice shall include the information specified in subsection (d)(3)(A) of this section.

(C) Notice shall be mailed, postage prepaid by the appellant, to the owners and tenants of the properties within a radius of five hundred feet of the exterior boundaries of the property involved in the application. For this purpose, the appellant shall provide a radius map, a mailing list and mailing labels which include the last known name and address of such owners as obtained from the last equalized assessment roll or from such other records of the county assessor or tax collector that contain more recent addresses. The appellant shall sign an affidavit verifying the authenticity and accuracy of the list.

(4) At the time set for the hearing, or at the date to which the hearing may be continued, the city council shall hear the applicant, who may present any facts to show why the permit should be granted, and shall hear testimony from all other interested persons who attend the hearing to present reasons why the permit should or should not be granted. Any interested person, at any time after the filing of the appeal and before the close of the public hearing regarding such appeal, may file with the city clerk written letters of support or protest, for or against the granting of such application. Any interested person, including the applicant, has the right to be represented by legal counsel at the hearing. The city council, in considering the application and the appeal, shall give consideration to all relevant documents filed and all relevant testimony given at the hearing.

(5) Within seven calendar days after the conclusion of the public hearing, the city council shall adopt and issue a written decision approving or denying an application for business activities involving constitutionally protected expressive activities. For business activities which do not involve constitutionally protected expressive activities, the city council shall adopt and issue a written decision approving or denying an application within thirty calendar days after the conclusion of the public hearing. Any decision to deny a permit application shall be based on the grounds set forth in Section 5.08.060 of this chapter. Notice of the city council’s decision shall be mailed by certified or registered mail or personally delivered to the applicant.

(e) Issuance of Permit. The operative date for a business permit shall be the date of final approval of the application by the director or city council.

(f) Information required to be updated. The applicant is required to notify the director of any change in facts or information presented in the application within ten calendar days after such change.

(g) Denial of Permit. If an applicant’s business permit application for a particular business activity has been denied, the director shall not process a new application by that applicant for that business activity for a one year period after the denial unless the director or city council, at the time of the denial, states that the denial was without prejudice to the applicant’s right to file another application within the one year period or unless the director determines that the reason for the denial has been cured and no longer exists.

(Ord. 786 § 2 (part), 1999)

The following additional requirements apply to every applicant for a permit for any carnival, fair or amusement ride to be located on any shopping center, or in connection with the promotion of any commercial enterprise.

(a) All electrical and mechanical installations shall be subject to the approval of the city. The fire department shall inspect the installation of fire hazards, and the applicant shall make all connections required. Separate temporary portable toilet facilities shall be installed for both sexes and shall be exclusive of existing facilities in the vicinity.

(b) Sufficient private patrol officers shall be furnished to insure orderly conduct of the operation. The number of private patrol officers shall be designated by the sheriff’s department. No loud or unusual noises shall be permitted at any time. A list of all employees to be used shall be furnished to the sheriff’s department for checking and fingerprinting. The sheriff’s department shall have authority to exclude employees found to have been convicted of crimes involving moral turpitude or are a threat to public health, safety and welfare. No employees shall be housed nor sleep overnight at the premises, except the necessary watchmen.

(c) The agency sponsoring the event shall provide documentary evidence of insurance coverage satisfactory to the city attorney for any and all claims for damages to persons or property.

(d) In no event shall such application be granted for a period longer than seven days. No extension of said period shall be granted. No more than two such applications shall be granted in any one year to any one applicant or for any one location. The hours of operation for such activities shall not continue past ten p.m. of any day, and no such activity shall commence on Sunday before twelve noon.

(e) The city manager is empowered to impose additional requirements on all such permits as may be necessary to protect the public health, safety and welfare.

(Ord. 786 § 2 (part), 1999)

The following additional requirement shall be made of every applicant who wishes to obtain a permit for conducting a temporary outdoor promotional sale:

(a) Such promotional sale shall only be conducted in connection with the promotion of an established retail commercial business enterprise located within the city having a current valid city business license to operate. The retail commercial business shall be the principal occupant of the building the business occupies.

(b) The promotional sale shall be conducted on the premises with the business enterprise it is intended to promote. Such a promotional sale shall not be conducted on public property.

(c) No more than two permits shall be issued in any one calendar year to the same applicant or the same location. Said permit(s) shall not exceed a combined total of thirty days in any one calendar year and shall be separated by an intervening period of at least sixty calendar days. No extensions of said permit shall be granted. The hours of operation of the promotional sale shall be the same as those hours of operation normally established by such business enterprise.

(d) The applicant shall submit a detailed plot plan at a scale satisfactory to the director showing the location of the promotional sale and the area to be used for the display of merchandise and other appurtenances, apparatus or structures intended to be used in connection with such promotional sale. A permit fee in the amount established by the city council resolution is required.

(e) In the event the promotional sale involves the use of a tent or other similar structure which affects or may affect the physical health, safety and general welfare of human beings, no permit shall be issued unless and/or until that use fully complies with all documentary evidence of insurance coverage to the satisfaction of the city manager. A cash bond, in an amount determined by the director, shall be posted with the city to guarantee removal of the tent or similar structure.

(f) All building, plumbing, mechanical and/or electrical installations shall be subject to approval of the city. The fire department shall inspect the installation for fire hazards, and the applicant shall make all corrections required. Separate restroom and/or toilet facilities shall be made available for both sexes and shall be located on the same premises as the promotional sale.

(g) Sufficient private patrol officers shall be furnished to insure orderly conduct of the operation. The number of private patrol officers shall be designated by the sheriff’s department. No employees shall be housed nor sleep overnight at the premises, except the necessary watchmen.

(h) In the event the promotional sale is to be conducted on unimproved property, the applicant shall provide satisfactory evidence of the control of noise, odor, dust, mud, smoke, vibration, off-street parking facilities or other similar objectionable operations in connection therewith.

(i) The city manager is empowered to impose additional requirements on all such permits as may be necessary to protect the public health, safety and general welfare.

(Ord. 786 § 2, (part), 1999)

(a) Business Activities Involving Constitutionally Protected Expressive Activities. The city council or director shall approve a business permit application for business activities involving constitutionally protected expressive activities, or applications to manage such activities, unless any of the following findings are made:

(1) The building, structure, premises, or the equipment used to conduct the business activity, fails to comply with all applicable health, zoning, fire, building and safety laws of the state of California or the city;

(2) The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for the business permit or in any report or statement required to be filed with the director or the city; or

(3) The business is prohibited by any law, statute, rule or regulation, or prohibited in the particular location or zone by any law, statute, rule, or regulation.

(b) Business Activities Not Involving Constitutionally Protected Expressive Activities. The city council or director shall approve a business permit application for business activities not involving first amendment activities, or applications to manage such activities, unless any of the following findings are made:

(1) The building, structure, premises, or the equipment used to conduct the business activity, fails to comply with all applicable health, zoning, fire, building and safety laws of the state of California or the city;

(2) The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for the business permit or in any report or statement required to be filed with the director or the city;

(3) The business is prohibited by any law, statute, rule or regulation, or prohibited in the particular location or zone by any law, statute, rule, or regulation;

(4) The applicant is found to have committed a crime involving moral turpitude which is substantially related to the business activity for which the permit is being sought;

(5) The applicant, his or her agent or employee, or any person connected or associated with the applicant as partner, director, officer, stockholder, associate or manager, has committed, assisted in, or incited the commission of any act, or act of omission, which would be grounds for disciplinary action under this chapter if committed by a permittee;

(6) The applicant has been subject to enforcement actions by another governmental agency in connection with his or her operation of a similar business activity for which the permit is being sought; or

(7) The establishment of the business will be detrimental to the public health, safety or welfare of the community.

(Ord. 786 § 2 (part), 1999)

(a) Posting. Every person required to have a business permit pursuant to the provisions of this chapter and who conducts, manages or carries on a business activity at a fixed location shall keep that valid original permit issued to the applicant posted and exhibited in a place of public view in the business.

(b) Carrying. Every person required to have a business permit pursuant to the provisions of this chapter and not having a fixed place of business shall carry the valid original permit issued to the applicant at all times when conducting the business activity for which such permit was issued.

(c) Presentation on Demand. Every person required to have a business permit pursuant to the provisions of this chapter shall produce and exhibit the permit when requested by any city official authorized to issue, inspect or collect permits and permit fees, or authorized to enforce the provisions of this chapter or of this code.

(d) Lost or Stolen Permits. A permittee must report the loss or theft of any permit to the director, whether in the form of a sticker, tag, card or paper, or otherwise. The director shall issue the permittee a duplicate permit and cancel the lost or stolen permit upon the payment of the prescribed fee.

(Ord. 786 § 2 (part), 1999)

(a) Except as otherwise provided in this title, all business permits shall be issued for one year and must be renewed annually. Renewal permit applications, along with payment of the fee, shall be filed with the director a minimum of thirty calendar days prior to expiration of any existing permit. When an applicant submits a timely business permit renewal application pursuant to this paragraph, the director shall renew the permit effective upon the expiration of the old permit.

(b) The director may accept an application for renewal after the time specified in subsection (a) of this section, if it is filed before the expiration of the existing permit, or if it is filed not later than sixty calendar days after the expiration of the existing permit and the director finds that a serious illness that required hospitalization or confinement to bed, or other unforeseen and extraordinary circumstances, prevented a timely renewal application from being filed. When an application is submitted pursuant to this section, the fee shall be equal to the renewal fee established by resolution of the city council plus a late penalty of twenty-five percent thereof. Such application shall give the applicant no greater rights than the filing of an application for a new permit. If an applicant fails to submit a timely application, or if the director does not find that circumstances existed to justify the late filing of an application for renewal pursuant to this subsection, then the applicant shall cease operation of the business activity immediately.

(c) Except as otherwise provided for in this section, the director shall not accept a renewal application for a permit which has expired, or which for any other reason is not in full force and effect, at the time the application is submitted. The applicant may apply for a new permit if not prohibited from doing so by any other provision of this chapter, accompanied by the required fee for a new permit.

(d) Notwithstanding any other provisions of this section, the director shall review a business permit renewal application in the manner prescribed in Section 5.08.030(c) of this chapter if the city has received a request for such review from one of the departments or officers of the city. Any interested person may appeal the director’s decision to the city council in the manner prescribed in Section 5.08.030(d) of this chapter.

(Ord. 786 § 2 (part), 1999)

(a) Transfers of Ownership. A new business permit is required whenever there is a transfer in ownership of a business which is required to have a permit issued under Section 5.08.020 of this chapter. If there is no change in the nature or scope of business or in the business location, and if the previous owner has a valid business permit at the time of transfer, the new permit shall be issued upon filing of a complete application and payment of all required fees and taxes. For the purposes of the previous sentence, the director may issue a new permit even without obtaining the concurrence of other agencies. However, if the original business permit application process required the business owner or manager to be fingerprinted and/or a background investigation to be conducted, then the new business owner or manager must also be fingerprinted and the new permit shall be subject to the sheriff’s concurrence following a background investigation. The following transactions shall be considered transfers:

(1) The addition or withdrawal of a new partner or partners;

(2) The transfer of a business from one partnership to another;

(3) The transfer of a business from a partnership to a corporation;

(4) The transfer of a business from one corporation to another;

(5) The transfer of a business from a corporation to a partnership;

(6) The transfer of a business from a corporation to an individual, or vice versa, unless the corporation and the individual are the same person;

(7) The transfer of a business from a partnership to an individual, or vice versa; or

(8) The transfer of a majority share of stock in a corporation from one shareholder to another.

(b) Change of Name. A new business permit is required whenever there is a change of name of a business which is required to have a permit under Section 5.08.020 of this chapter. If there is no transfer of ownership or change in the nature or scope of business or in the business location and if the permittee operating under the previous name has a valid business permit at the time of the change of name, the new permit shall be issued upon filing of a complete application and payment of all required fees and taxes. For the purposes of the previous sentence, the director may issue a new permit without obtaining the concurrence of other agencies.

(c) Change of Location. A new business permit is required whenever there is a change in location of a business which is required to have a permit under Section 5.08.020 of this chapter.

(d) Change in Business. A new business permit is required whenever there is a change in the nature or scope of the business which is required to have a permit pursuant to Section 5.08.020.

(e) Report to Director. A permittee shall notify the director of any transfer in ownership, change of name, change of location, or change in the nature or scope of the business within ten days after such transfer or change.

(Ord. 786 § 2 (part), 1999)

Any permit issued by the director or city council under this chapter may be modified, suspended or revoked for cause by the city council pursuant to this section.

(a) A public hearing to determine whether or not an existing permit should be modified, suspended or revoked shall be initiated by a written statement of charges. Such statement may be initiated by any department of the city or any agency required to review or inspect the permitted activity for compliance with city regulations. Such statement shall be submitted to the director.

(b) If the director determines that the charges demonstrate that there may be an adverse impact of the business on the public health, safety or welfare, notice of the public hearing on the charges shall be mailed by certified or registered mail or personally delivered to the applicant and given pursuant to Section 5.08.030(d)(3) of this chapter.

(c) At the public hearing, the permittee or legal representative of the permittee shall have the right to bring witnesses to testify on his or her behalf. Hearings need not be conducted according to technical rules relating to evidence and witnesses.

(d) Within thirty calendar days after the conclusion of the public hearing, the city council shall adopt and issue a written decision. The decision shall contain a determination of the issues presented. Any decision to modify, suspend or revoke a permit shall be based on the grounds set forth in Section 5.08.110 of this chapter. Notice of the city council’s decision shall be mailed by certified or registered mail or personally delivered to the permittee.

(e) Whenever a permit is suspended or revoked by the city council, the director or Los Angeles County sheriff shall take into possession the business permit for the subject business activity. The permittee shall surrender the business permit, permit stickers, or similar evidence of a permit to the Director or to the Los Angeles County sheriff. No business permit fee refunds shall be issued to any permittee upon suspension or revocation of a business permit.

(f) Upon revocation or suspension of a business permit, the permittee shall cease operation of the business activity immediately. Except as otherwise provided, in the event that the permit is suspended, the permittee may resume operation once the suspension period has expired.

(g) Upon revocation of any business permit under this chapter, no business permit to operate the same business activity shall be granted to the same person within one year after such revocation.

(Ord. 786 § 2 (part), 1999)

(a) Businesses Involving Constitutionally Protected Expressive Activities. The city council may modify, suspend or revoke a business permit for any business activity involving first amendment activities if the city council finds that one or more of the following conditions exist:

(1) The building, structure, premises or equipment used to conduct the business activity fails to comply with any applicable health, zoning, fire, and building and safety laws of the state of California or the city;

(2) The permittee has knowingly made any false, misleading or fraudulent statement of material fact in the application for a business permit, or in any report or statement required to be filed with the director or the city;

(3) The permittee, permittee’s employees, agents or manager has violated any statute or any provision of the La Puente Municipal Code resulting from any act performed in the exercise of any rights permitted by the issuance of the permit which is being considered for modification, suspension or revocation;

(4) The permittee, permittee’s employees, agents or manager, has violated any provision of federal or state law or any provision of the La Puente Municipal Code or any other rule or regulation on the business premises or relating to the permitted activity;

(5) The permittee, permittee’s employees, agents or manager has published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the permitted business;

(6) The permittee has failed or refused to notify the director of any change in facts as required by this chapter within ten calendar days after such change;

(7) The permittee, permittee’s employees, agents or manager has violated any conditions or restrictions imposed on the permit; or

(8) The permittee, permittee’s employees, agents or manager has permitted, allowed or failed to prevent the use of the business as a base or magnet for unlawful or criminal activity, including, but not limited to, prostitution and drug trafficking.

(b) Businesses Which Do Not Involve Constitutionally Protected Expressive Activities. The city council may modify, suspend or revoke a business permit for any business activity not involving first amendment activities if the city council finds that one or more of the following conditions exist:

(1) The building, structure, premises or equipment used to conduct the business activity fails to comply with any applicable health, zoning, fire, and building and safety laws of the state of California or the city;

(2) The permittee has knowingly made any false, misleading or fraudulent statement of material fact in the application for a business permit, or in any report or statement required to be filed with the director or the city;

(3) The permittee, permittee’s employees, agents or manager has violated any statute or any provision of the La Puente Municipal Code resulting from any act performed in the exercise of any rights permitted by the issuance of the permit which is being considered for modification, suspension or revocation;

(4) The permittee, permittee’s employees, agents or manager, has violated any provision of federal or state law or any provision of the La Puente Municipal Code or any other rule or regulation on the business premises or relating to the permitted activity;

(5) The permittee, permittee’s employees, agents or manager has published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the permitted business;

(6) The permittee has failed or refused to notify the director of any change in facts as required by this chapter within ten calendar days after such change;

(7) The permittee, permittee’s employees, agents or manager has violated any conditions or restrictions imposed on the permit;

(8) The permittee, permittee’s employees, agents or manager has been found to have committed a crime of moral turpitude which bears a substantial relationship to the conduct of the business activity;

(9) The permittee, permittee’s employees, agents or manager has been held liable or convicted of any offense involving the maintenance of a nuisance resulting from any act performed in the exercise of any rights permitted by the issuance of the permit;

(10) The permittee, permittee’s employees, agents or manager has violated any rule or regulation adopted by the city or any other governmental agency relating to the permittee’s business; or

(11) The permittee, permittee’s employees, agents or manager has conducted the permitted business in a manner contrary to the peace, health, safety and the general welfare of the public, including, without limitation, by allowing or failing to prevent the use of the business as a base or magnet for unlawful or criminal activity.

(c) Automatic Suspension Upon Lapse of Insurance. Whenever an applicant for any business permit is required to procure, post or maintain in effect any bond, undertaking, deposit, surety or policy of insurance, any business permit so issued is good only while such bond, undertaking, deposit, surety or policy of insurance is in full force and effect. The permit shall automatically be suspended without notice if at any time such bond, undertaking, deposit, surety or policy of insurance is not in full force and effect. The director shall notify the permittee in writing of any suspension pursuant to this section. Within ten calendar days after the date of such notice, the permittee may request in writing a hearing before the city council. The city council shall hold a public hearing in a manner consistent with Section 5.08.030(d) of this chapter, and as indicated by the evidence received at the hearing, may modify or revoke the permit or terminate the suspension and restore the permit. If the permittee does not request a hearing, the permit is automatically revoked at the end of ten calendar days following the notification of suspension.

(Ord. 786 § 2 (part), 1999)

(a) The director or city council may condition any business permit if it finds that grounds for denial, modification, suspension or revocation of a business permit exist or that the manner in which the business has been conducted or operated is detrimental to the public health, safety and welfare in that:

(1) The permittee, the permittee’s agent, manager or employees has failed to maintain the premises in a neat and clean condition and have allowed the business premises to deteriorate and become blighted;

(2) The permittee, the permittee’s agent, manager or employees has allowed, or failed to prevent, the business premises to be used by its patrons as a magnet for criminal or otherwise unlawful activity;

(3) The permittee, the permittee’s agent, manager or employees has allowed or failed to discourage criminal or otherwise unlawful activity to occur on or immediately adjacent to the business premises;

(4) The permittee, the permittee’s agent, manager or employees has failed to provide adequate parking to serve the volume of patrons it generates, thus causing patrons to cruise on neighborhood streets, looking for parking, and causing other traffic related noise and disturbances; or

(5) The permittee, the permittee’s agent, manager or employees has failed to control the actions of the businesses’ patrons in and immediately adjacent to the business premises.

(b) Additional Conditions.

(1) Businesses Involving Constitutionally Protected Expressive Activities. The director or city council may impose conditions on the permit for any business activity involving first amendment activities if the director or city council finds that one or more of the conditions in Section 5.08.110(a) of this chapter exist.

(2) Businesses Which Do Not Involve Constitutionally Protected Expressive Activities. The director or city council may impose conditions on the permit as are reasonably necessary to protect the peace and tranquility of any residential area, mitigate traffic impacts, protect other uses in the area, and protect the public health, welfare and safety. Any person issued a permit pursuant to this chapter shall comply with all conditions that are imposed on the permit. Any violation of the conditions of approval is a misdemeanor and is subject to the penalties set forth in Section 1.08.040 of this code.

(c) Whenever the director or city council determines that unannounced inspections of the business premises are necessary to enforce the provisions of this chapter, it may impose as a condition of the permit that the applicant or permittee consent to entry of the applicant’s or permittee’s place of business at all reasonable times by any city officer or employee authorized to enforce the provisions of this chapter or this code. Upon presentation of proper credentials by any such officer or employee, the applicant or permittee shall comply with such inspection.

(d) Whenever the director or city council determines that noise from any establishment permitted under this chapter interferes with the right of persons dwelling in the vicinity of such establishment to the peaceful and quiet use and enjoyment of their property, or that the establishment permitted under this chapter is in violation of the noise ordinance of the city of La Puente, as set forth in Chapter 4.34 of this code, it may impose as a condition of the permit that the premises of the business activity be soundproofed to eliminate the noise or reduce it to a reasonable and lawful level. In imposing a condition under this section, the director or city council must balance all of the interests of the respective parties, as well as the hardship which will result from the condition. If the director or city council finds that the noise complained of is of a minimum or inconsequential degree, no action shall be taken under this paragraph.

(e) The director or the city council may change, modify or eliminate any conditions previously placed on a permit upon written request of the permittee if it finds that the reasons for the original imposition of such conditions have been cured or no longer exist. Applications to change conditions shall be noticed and set for public hearing in a manner consistent with Section 5.08.030(d) of this chapter, if the condition(s) was imposed after a duly noticed public hearing. The Los Angeles County sheriffs license detail shall be notified of any such applications.

(Ord. 786 § 2 (part), 1999)

Unless otherwise stated in Title 5, the fee for filing any application for a permit or renewal of a permit shall not be refunded.

(Ord. 786 § 2 (part), 1999)

Judicial review of a final city decision shall be provided as specified in Section 5.04.380 of this code.

(Ord. 786 § 2 (part), 1999)

Certain zoning permit, use permit or other entitlement for establishment and operation of smoke shops prohibited.

(a) No person, partnership, corporation, or other entity shall commence doing business as a smoke shop, as defined in Section 10.132.200 of the code, except those establishments specifically excluded herein, until such reasonable time as a detailed study may be made and the zoning and public hearings process pertaining to these matters is completed, or until one year from the date of adoption of this section, whichever occurs sooner.

(b) Establishments excluded from this section are those establishments already inoperation at the time of the enactment of this section.

(c) Environmental assessment. Pursuant to the California environmental Quality Act (CEQA) Guidelines, the City Council declares that this section is exempt from CEQA based on the following findings:

(1) This section is not a “project” within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in physician damage to the environment, directly or indirectly. The purpose of this section is to prohibit, on an interim basis, doing business as or issuance of business license to an owner or operator of a smoke shop as defined in Section 10.132.200 of this code. This section, therefore, has no potential for resulting in physical change in the environment, directly or indirectly; it prevents changes in the environment pending the completion of the contemplated zoning code review.

(2) This section is not subject to CEQA pursuant to Section 15060(c)(2) because the activity will not result in a direct or reasonably forseeable indirect physical change in the environment.

(3) This section is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. For the reasons set forth in subsection (1) and (2) of this section, it can be seen with certainty that there is no possibility that this section will have a significant effect on the environment, and therefore, this section is not subject to CEQA.

(Ord. 07-866 §§ 4, 5, 2008)