Laguna Hills Municipal Code Art. IV Application, Fees and Issuance, Revocation, Appeals

All licenses issued pursuant to this title shall be issued by the issuing officer, who, in the case of licenses for commercial hog ranches, shows, mobile X-ray unit operators, animal exhibitions, animal establishments, kennels, grooming parlors, commercial stables and pet shops shall be the County Health Officer, and in all other cases shall be the Chief of Police Services, except that licenses for outdoor gatherings shall be issued by the City Council.

(OCC § 5-2-1)

The issuing officer shall receive all applications for licenses and shall provide such application forms as are necessary for the convenience of the public and the economic and efficient administration of this title.

(OCC § 5-2-2)

The City Council shall provide by resolution the amount of each fee to be charged for each application or license or both, provided that no fee shall be charged for an application or license to operate a mobile X-ray unit. Such fee shall be payable in accordance with the resolution and shall not be refundable.

(OCC § 5-2-3)

Each license shall be in effect for one year from the date on which it was issued, unless otherwise provided by resolution of the City Council.

(OCC § 5-2-4)

The issuing officer shall deny the application for a license if he or she finds:

A. That the applicant does not fulfill the specific requirements for such license as set forth in this title;

B. That the applicant has made any false or misleading statement in his or her application;

C. That the applicant is not of good moral character. If the applicant has been convicted of any felony under the laws of this state or has been previously convicted of an offense under the laws of any other state of the United States which offense if committed in this state would have been punishable as a felony, it shall be presumed that he or she is not of good moral character;

D. That the applicant is not a fit person to carry on the licensed business;

E. That the carrying on of the licensed business as described in the application will be detrimental to the public health, public morals or public order.

(OCC § 5-2-5)

Prior to issuing the license, the issuing officer shall make such investigation as he or she deems necessary to determine whether the applicant meets the requirements and qualifications for such license, and shall thereafter either issue a license to the applicant or shall notify the applicant in writing that his or her application is denied. The issuing officer may consult with and ask for a recommendation from any other city officer or department prior to the issuance of any license under this title, and shall, at the request of any city officer or department, supply such officer or department with a copy of any such license or application therefor.

(OCC § 5-2-6)

The license and each duplicate license shall contain the date of issuance, the date of expiration, a designation of the type of license it is, the location or locations of the licensed activity, the signature of the issuing officer, and such other matters as are specified in this title and as the issuing officer deems appropriate.

(OCC § 5-2-7)

Every applicant or licensee shall permit the issuing officer access to any premises or vehicles used in the conduct of the licensed business at all reasonable times, and to any records required to be maintained by this title, and the issuing officer shall make such inspections thereof as he or she deems necessary from time to time.

(OCC § 5-2-13)

Each licensee shall display his or her license or duplicate license in a prominent location in each licensed place of business; or if there is none in the city, shall carry his or her license on his or her person at all times when conducting the licensed business; or, if a vehicle is licensed, in such vehicle; and each licensee shall display his license to any peace officer requesting to see it.

(OCC § 5-2-14)

Any person carrying on or conducting more than one of the businesses for which a license is required under this title shall obtain a license for each such business. Any person carrying on a licensed activity at more than one place of business shall obtain a duplicate license for each place of business.

(OCC § 5-2-15)

When the issuing officer has issued any license under the terms of this title the same may be revoked at any time thereafter by the issuing officer if he or she becomes satisfied that the conduct of the licensed business does not or will not comport with the pubic welfare for any reason or that the same has been conducted in an illegal, improper or disorderly manner, or in a manner substantially different from that described in the application, or for any reason for which the license application could have been denied.

(OCC § 5-2-16)

No license issued under the terms of this title shall be transferable, and no such license shall be displayed or used in conjunction with any activity other than the licensed business or by any person other than the licensee or his or her employee, nor at any location other than that indicated on the license and application.

(OCC § 5-2-17)

The issuing officer may, in his or her discretion, upon the filing of an application for a license pursuant to this title, issue one temporary permit to conduct the business described in the application for a period not to exceed sixty (60) days, if he or she finds that the inability to carry on such business because of the lack of a license would cause hardship to the applicant.

(OCC § 5-2-18)

Any person whose application for a license or temporary permit is denied, or whose license is revoked, under the terms of this title, by the issuing officer, may appeal to the City Council. Said appeal shall be made by verified, written declaration to the City Council, received by the City Clerk within thirty (30) days of the action appealed from. The City Council shall hold a hearing on such appeal, and notice of the time, date and place of said hearing shall be mailed to the licensee or applicant at the address given in the license application at least ten days prior to the date of said hearing. For the purpose of said hearing, the City Council may appoint any qualified hearing officer to take evidence offered by the applicant and the issuing officer concerning the denial or revocation and summarize the evidence presented and report his or her findings and recommendations based on such evidence to the City Council or the City Council may itself take such evidence.

The following rules of evidence shall apply:

A. Oral evidence shall be taken only on oath or affirmation.

B. Each party shall have these rights: to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses covered in the direct examination, to impeach any witness regardless of which party first called him or her to testify, and to rebut the evidence against him or her. If respondent does not testify, in his or her own behalf, he or she may be called and examined as if under cross-examination.

C. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded.

The chairperson of the City Council shall, at the request of the issuing officer or the applicant, or their attorneys, issue subpoenas or subpoenas duces tecum to compel the attendance of witnesses at said hearing.

The City Council shall determine, on all the evidence presented to it, or on the summary of evidence and findings of fact and recommendations of the person holding the hearing, whether said license or permit should be issued, or whether such revoked license should be reinstated and shall direct the issuing officer to act accordingly.

(OCC § 5-2-19)