Lomita Municipal Code Ch. 3 Issuance of Permits and Revocation of Permits and Licenses

In addition to the payment of a license fee as provided for in this title certain businesses, professions, trades or occupations as set forth in this chapter shall first obtain, as provided in this chapter, a permit to operate said business, profession, trade or occupation within the City of Lomita. No person shall operate a business, profession, trade or occupation as hereinafter set forth without first obtaining a permit to do so. The city clerk or his authorized deputy shall not issue a license or accept a license fee from any person to conduct a business, profession, trade or occupation as hereinafter set forth unless said person has in existence a valid and unexpired permit to perform said business, profession, trade and/or occupation.

It is the intention of this chapter to provide a special permit procedure for those businesses enumerated in this chapter. The omission to enumerate other businesses and activities covered in other sections of this Code 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 by other sections of this Code or State Law.

The city council does hereby create a license and permit hearing board which shall consist of the city manager or his appointed deputy, the official serving in the capacity of chief of police, or his appointed deputy, and one (1) person appointed by the mayor with the approval of the city council to serve at the pleasure of the city council. Said board shall have the power to grant 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. Said board shall be governed by the following procedures:

(a) Permit application and hearing. Said board shall formulate all necessary rules and regulations governing the application to be made for a permit, investigation of said application and concerning the hearing before the board on said application. The board shall require reports from the law enforcement agency and other city officials and agencies concerning the character, fitness, qualifications of any applicant as well as concerning the effect on the public health, peace, welfare and safety of the granting of any application. Any applicant shall be entitled to a public hearing before said board and to reasonable notice of the time and place of said hearing and the right to be represented by counsel and to present all pertinent and relevant evidence pertaining to said application.

(b) Granting or refusal of permit. Said board after investigation or hearing shall grant or deny all applications for permits under the provisions of this business license ordinance. The board shall grant or deny application for permits where it determines upon the evidence submitted and within its sound discretion that the public peace, health, safety, morals or welfare of the City or its inhabitants will best be served by granting or refusing said permit. If such permit is granted the board may impose such terms, conditions and restrictions upon the operation and conduct of said business, not in conflict with any paramount law, as it may deem necessary or expedient to protect the public peace, health, safety, morals or welfare of the City or its inhabitants. If a permit be denied the license fee shall be refunded; the permit fee shall not be refunded.

(c) Revocation or suspension of licenses or permits. Any license or permit issued under the business license law may be revoked or suspended in the following instances:

(1) Where said board has found and determined that the preservation of the public health, safety and welfare demand revocation of said license or permit.

(2) Where the licensee or permittee has violated any provisions of the business license law or any other provisions of the Lomita Municipal Code or any other provision of the law.

(3) Where a permit or license has been granted on false or fraudulent evidence, testimony or application.

(4) Where the licensee or permittee has violated the terms and provisions of said license or permit.

(d) Licensee or permittee entitled to hearing prior to revocation. No license or permit shall be revoked or suspended until said permittee has had a public hearing before the permit board and has had an opportunity either personally or by counsel or by both to defend himself and present evidence on his behalf. Such public hearing shall be proceeded by reasonable notice as provided in the rules and regulations of said permit board. Notwithstanding the foregoing the city clerk may suspend pending such a hearing any license or permit where it has been determined that:

(1) Upon the recommendation of the law enforcement agency or upon the recommendation of the city council that an immediate suspension of the license is necessary for the protection of the public health, safety and welfare.

(2) In the event of such a suspension, the city clerk shall within twenty-four (24) hours after said suspension, cause to be served upon said licensee or permittee a written statement containing the grounds for said suspension and a notice of hearing to show cause before the permit hearing board why said license should not be permanently revoked, which said hearing shall be held not later than five (5) days following the service of said notice.

(e) Appeal from the decision of the permit hearing board. Any person aggrieved by the recommendation of the permit hearing board may appeal from the same by filing with the city clerk within ten (10) days after receiving notification of the recommendation of said board, a written statement signed by said person so aggrieved that he has elected to appeal from the decision of said board and that he requests a hearing on his appeal before the city council. The city clerk shall thereafter set the matter for hearing before the city council within thirty (30) days of the receipt of said notice of appeal. Said hearing before the city council may be continued from time to time. The city clerk shall mail a notice to, or personally serve, the person aggrieved notifying him of the time and place of said hearing, notice to be mailed and served not less than five (5) days prior to said hearing. At the time of said hearing, the city council shall afford the applicant an opportunity to present oral argument to the city council. Following this, the city council may then do any of the following things:

(1) Adopt the decision of the license and permit hearing board without further proceedings.

(2) Consider the report and decision of the license and permit hearing board and the record and the evidence heard and submitted to said board.

(3) By majority action grant the person aggrieved a new hearing de novo before the city council. Following the conclusion of the hearing before the city council, the city council shall render its decision within thirty (30) days. The decision of the city council shall be final.

(Ord. No. 699, § 1, 4-2-07)

Unless otherwise stated in this chapter, the fee for filing an application for a permit pursuant to this chapter shall be fifteen dollars ($15.00) payable in advance. The license fee prescribed in Chapter 5 of this article for the particular business and the permit fee shall accompany the application.

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

A

(1) Advertising by sound trucks. Any person operating, driving or parking or causing to be operated, driven or parked upon any street, alley, parkway, sidewalk or public property within the city, any advertising vehicle, sound truck or commercial vehicle with sound-amplifying equipment in operation or with any sound or signaling device in operation for the purpose of attracting or calling the attention to such vehicle and where the same is not used for noncommercial purposes as determined by the city clerk in his discretion shall be required to obtain a permit in accordance with the terms and provisions of this chapter. Said permit shall specify the date, time and places of operation.

(2) Ambulance driver. The city clerk shall not issue a permit to any ambulance driver until said ambulance driver shall within thirty (30) days after applying for an ambulance driver's permit register with the American Red Cross and obtain and keep in his possession a standard Red Cross aid card.

(a) Annual renewals; permit fee: Notwithstanding any other provision of this chapter to the contrary, ambulance driver permits shall be renewed annually on or before the anniversary date of the issuance of said permit. Said permit may be renewed by the city clerk provided he has not received an unfavorable report therefor from a law enforcement agency. Notwithstanding any other provision of this chapter to the contrary, application fees for permits and for the annual renewal thereof pertaining to ambulance drivers shall be five dollars ($5.00) each.

(3) Ambulance operator.

(4) Auction establishment or auctioneer.

(a) Exemption: No auctioneer's permit or license shall be required from any person selling his own property at his own private residence.

(b) Exception: No auctioneer's license is required for the selling of any goods at public sale belonging to the United States, or to this state, or for the sale of property by virtue of any process issued by any state or federal court.

B

(1) Bankrupt stock, bankrupt sales or close-out sales.

(2) Billiard and pool halls.

C

(1) Card rooms. Where card games are conducted which are not otherwise prohibited by Lomita Municipal Code.

(2) Carnival, circus and rodeo.

(a) Exemption: The definition of carnival and circus shall not apply to any kiddie ride or parks for children only where said kiddie ride or children's park is located in a proper zone and where all provisions of this Code have been complied with.

(b) No permit shall be granted for any carnival, circus or rodeo unless located within the proper zone therefor.

(3) Coin-operated games of skill and amusement devices.

D

(1) Dance (public).

E

(1) Entertainment. No person shall conduct, permit or assist in conducting or permitting any entertainment to be shown, staged, performed, exhibited or produced in any restaurant, hotel, cafe, coffeehouse, cabaret, club, barroom, beer hall, beer garden, public dance hall or similar place of business unless a permit has been issued therefor in accordance with the terms and provisions of this chapter.

(a) Exemptions: Entertainment as used herein does not include:

(i) Instrumental or mechanical music only.

(ii) Private dances participated in only by the occupants of and guests at a private residence for which no fee or admission or charge of any nature is imposed.

(iii) Public dances participated in only by patrons or customers and for which a permit has been issued.

(iv) Teen-age dances participated in only by persons under twenty-one (21) years of age and subject to the rules and regulations of this chapter.

(v) Theaters.

(b) Hours: No dancing, entertainment or other mechanical music shall be conducted in an entertainment establishment between the hours of 2:00 a.m. and 6:00 a.m. unless authorized by the permit to do so.

(c) Minors: A person under the age of eighteen (18) years shall not enter, be or remain on or in any premises wherein entertainment is being conducted as herein provided, unless exempted, except when such person is accompanied by his spouse over twenty-one (21) years of age, or his parent or guardian. A permittee shall not permit or allow any person to enter or to be in or on any premises contrary to the provisions of this section.

(d) Minors, eating place: The aforementioned section shall not prevent a minor person under the age of eighteen (18) years from being in a bona fide hotel, cafe or other place where meals are regularly served and where a public dance or entertainment is being held, in the event that such minor does not participate therein.

(e) Free entrances: No dancing or entertainment shall be permitted in any establishment requiring a permit hereunder which does not provide unlocked doors for free and easy ingress and egress while patrons are in the establishment.

(f) Impersonations: A person, whether as customer, entertainer, or otherwise, in any place where an entertainment permit is required shall not impersonate, by means of costume or dress, a person of the opposite sex, except as authorized by the permit.

F

(1) Fashion show.

(2) Fortune-teller. (Repealed.)

Cross reference— Fortune-telling, § 6-6.01 et seq.

G

(1) Guard. A person who guards property and who is not a member of a private patrol system or a patrol system and who is employed exclusively and regularly by one employer in connection with the affairs of such employer only and where there exists an employer-employee relationship.

(a) Annual renewal; permit fee: Notwithstanding any other provision of this chapter to the contrary, guard permits shall be renewed annually on or before the anniversary date of the issuance of said permit. Said permit may be renewed by the city clerk provided he has not received an unfavorable report therefor from the law enforcement agency. Notwithstanding any other provision of this chapter to the contrary, application fee for permits and for the annual renewal thereof pertaining to a guard shall be five dollars ($5.00) each.

(b) Application fee: In lieu of the application fee required by section 6-3.04, each applicant for a guard shall pay a five dollar ($5.00) application fee in advance.

(c) Processing: All such applications shall be forwarded to the law enforcement agency for a report and recommendation.

(d) No business license shall be required of a guard where employed by an employer who is licensed under Chapter 5.

H

(1) Hawkers and retail vendors of food and ice cream products. Every person peddling, selling or delivering liquids or food or agricultural products from packs, baskets, handcarts, wagons or vehicles, retail from door to door, shall do so only in compliance with all required permits including, but not limited to, a valid Los Angeles County food facility health permit, if selling food, and a valid sidewalk vendor permit issued pursuant to title 6, chapter 10 of this Code. This section does not apply to the following:

(a) Persons selling or delivering to retail establishments;

(b) Distributors of milk, bottled water, ice, packaged or canned food products, rendering the service of delivering their products to regular customers;

(c) A person who sells agricultural products from a wayside stand located on property owned or controlled by him, all of which such products are grown or raised on such property by such person or by members of the person's immediate family;

(d) The operator of a restaurant establishment;

(e) Persons engaged in vending, as defined in chapter 10 of title 6, that is protected by the First Amendment.

(2) House number painter.

J

(1) Junk dealers.

L

(1) Locksmith.

M

(1) Massage businesses (registration certificate required under chapter 8 of Lomita Municipal Code title VI).

(2) Meat processing and packing businesses, including meat by-product processing.

(a) Deliveries and loading or unloading: Deliveries, loading and/or unloading activities shall be allowed only between the hours of 7:00 a.m. to 10:00 p.m. daily.

(b) Outdoor storage: Storage of meat, meat scraps, meat by-products, fat or oil is prohibited in unenclosed areas.

P

(1) Patrol systems.

(a) State license required; exemption: Every person applying for a patrol system shall first procure a license from the State of California. The provisions of this chapter shall not apply to any person operating a private patrol service as defined in Section 7521 of the Business and Professions Code of the State of California or to any person coming within the definition of "guard" set forth in section 6-1.05.21 of this article unless said person in connection with said activity conducts or engages in a street patrol system or service as defined in section 6-1.05.19 of this article.

(b) Term of license: Every license to conduct a patrol system shall contain among other things an accurate description of the area in which operations are permitted and the names of all patrolmen permitted to such license.

(c) Restricted to area: A license to conduct a patrol system shall not authorize any person either as a patrolman, agent or owner to patrol any territory outside of the area specified in the license of such patrol system.

(2) Patrolmen.

(a) Exemption: Patrolman does not include a person who guards property exclusively for one employer as defined in section 6-1.05.21 of this article. The definition of a patrolman does include all persons working within the city whether for a private patrol system or street patrol system or service.

(b) Annual renewal; permit fee: Notwithstanding any other provision of this chapter to the contrary, patrolman permits shall be renewed annually on or before the anniversary date of the issuance of said permit. Said permit may be renewed by the city clerk provided he has not received an unfavorable report therefor from the law enforcement agency. Notwithstanding any other provision of this chapter to the contrary, application fees for permits and for the annual renewal thereof pertaining to patrolmen shall be five dollars ($5.00) each.

(3) Pawnbroker.

R

(1) Rodeo.

S

(1) Solicitor.

(2) Solid waste enterprise.

(a) Any solid waste enterprise that provides solid waste handling services within the city shall pay the annual business tax required in this chapter. Notwithstanding any other provision of this Code, the city clerk shall issue to a solid waste enterprise that pays the taxes required by this chapter a business tax receipt, and not a business license. The business tax receipt shall evidence the payment of the business tax and shall not be construed to be a business license within in the meaning of section 49520 of the Public Resources Code.

T

(1) Tavern, beer hall with dancing.

(2) Taxicab driver.

(a) Annual renewal, permit fee: Notwithstanding any other provision of this chapter to the contrary, taxicab driver permits shall be renewed annually on or before the anniversary date of the issuance of said permit. Said permit may be renewed by the city clerk provided he has not received an unfavorable report therefor from the law enforcement agency. Notwithstanding any other provision of this chapter to the contrary, application fees for permits and for the annual renewal thereof pertaining to taxicab drivers shall be five dollars ($5.00) each.

(3) Taxicab operator.

W

(1) Reserved.

(Ord. No. 203, § 1, 915-75; Ord. No. 395, § 1, 2-3-86; Ord. No. 576, § 11, 2-18-97; Ord. No. 597, § 2, 9-8-98; Ord. No. 639, §§ 6, 7, 5-21-01; Ord. No. 773, § 1, 2-11-15; Ord. No. 829, § 3, 2-1-22)

Any permit may be modified or the terms and provisions of any permit modified, amended or changed upon application and a hearing before the permit hearing board. Such application for a modification shall be processed in the same manner as the original application and shall be subject to the payment of fees and all the terms and provisions herein imposed in this chapter in respect to the processing of the original application.

Notwithstanding the provisions of section 6-3.03 providing for the issuance of permits for the aforementioned businesses by the permit hearing board and the city council, the city clerk may issue permits for the hereinafter named businesses without submission of the same to the permit hearing board or the city council when he has obtained the necessary clearance from the law enforcement, health agency, or other investigating agency, and where he has received no evidence indicating that the public health, safety or welfare or the purposes of this chapter will be injured by the granting of such a permit, and where in addition there are no protests or objections to said permit. In the event any of the foregoing should exist the city clerk must refer the application for a permit to the permit hearing board, or the city council if so directed by the permit hearing board. In addition, the city clerk may refer any of the hereinafter mentioned applications for hearing before the permit hearing board without considering the same himself in his discretion and the city clerk must refer all applications for permits for the hereinafter enumerated businesses for hearing before the permit hearing board when the action of the city clerk would be to deny said permit. This section applies to the following enumerated businesses hereinbefore enumerated in this chapter under section 6-3.06:

(a) (1)

Ambulance operator.

(2) Ambulance driver.

(3) Auction establishment or auctioneer.

(4) Amusement device.

(b) (1)

Bankrupt stock, bankrupt sales or closeout sales.

(g) (1)

Guard. (h)

(1) Hawkers and retail vendors of food and ice cream products.

(l) (1)

Locksmith.

(p) (1)

Patrolmen.

(2) Pawnbroker.

(s) (1)

Solicitor.

(2) Coin-operated games of skill.

(t) (1)

Taxicab driver.

(a) Signs and/or billboards presently erected within the city shall be allowed to remain subject to the license provisions set forth in chapter 5 of this ordinance until such time as they shall be in violation of some other ordinance, regulation, or law or are in need of replacement or relocation for any purpose whatsoever. No new or additional sign and/or billboard shall be erected within the City of Lomita at any time from and after the date of this ordinance, further, no signs and/or billboards may be erected within the City of Lomita from its present location to any other location nor may any sign and/or billboard be replaced, even in its existing location.

(b) Provided, however, any person owning or leasing property within the City of Lomita whereon he has his business operation, may erect upon his own property or building such signs or billboards as shall be necessary and appropriate to the business which is being conducted upon such premises, provided, further, that in no event, however, shall this exception apply to any business enterprise which is delinquent in the payment of the business license fees applicable to the business being conducted upon such premises.

No business license or permit shall be issued for the conducting of the following businesses and no person, firm or corporation shall use, maintain or operate any of the foregoing businesses or structures, or maintain or operate any of the following activities for the hereinafter enumerated purposes unless said business or structure has been inspected by the fire prevention bureau and approval of said use reported in writing to the city clerk, said business or structures or activities being as follows:

(a) Apartment house defined as any structure housing six (6) or more families under one (1) roof.

(b) Auto repair shop.

(c) Auto paint shop.

(d) Auto wrecking yard or business.

(e) Boardinghouse defined as a place maintained or operated for the care or occupancy of more than six (6) unrelated persons.

(f) Body and fender repair shop.

(g) Bowling alley.

(h) Carnivals and circuses.

(i) Dances, entertainment and burlesque shows.

(j) Day care nurseries.

(k) Dumps.

(l) Exhibitions.

(m) Gasoline and liquefied petroleum gas service stations.

(n) Hospitals and sanitariums.

(o) Hotels and motels.

(p) Junk dealers.

(q) Lumberyards.

(r) Public eating places.

(s) Secondhand dealer.

(t) Tank truck (gasoline, liquefied gas, oil, chemical).

(u) Theater.

(v) Trailer parks.

Any person aggrieved by the decision of the fire prevention bureau or the city clerk may appeal said decision to the permit and license review board.