Lompoc Municipal Code Ch. 5.08 Business and Activities Permits

The City Council hereby finds and determines that certain aspects of the businesses and activities described in this Chapter may be detrimental to the health, morals, peace and welfare of the citizens of the City of Lompoc. It is the intent of this Chapter to provide for the reasonable regulation of said businesses and activities for the protection of the health, morals, peace and welfare of said citizens. The permit procedures hereby enacted are for said purposes and not for the purpose of revenue. The provisions of this Chapter shall have no effect upon other provisions of the City Code relative to the application, issuance and revocation of permits and licenses.

(Prior code § 1101)

For the purpose of this Chapter, certain terms used herein are defined as follows:

"Applicant"

means the person, firm, association or corporation applying for a permit or license pursuant to the provisions of this Chapter.

"Issuing body or officer"

means the Chief of Police, the City Council, the City Clerk, or whichever person or body is charged with the issuance of the particular permit applied for.

"Itinerant vendor"

means any person who has no regularly established place of business in the City and who goes from place to place, or from door to door, or sets up a temporary stand or place, for the purpose of selling any goods, wares, or merchandise, or one who solicits orders for the sale of goods, wares, merchandise or services to be delivered at some future time or date.

"Permittee"

means the applicant who receives a permit.

"Regularly established place of business"

means a fixed place, location or building, owned by the person who uses such place, location or building as his or her permanent place of business, or rented or leased by the user on a yearly or monthly basis as his or her place of business. No bedroom of a hotel, inn, roominghouse, lodginghouse, or boardinghouse shall, for the purposes of this Chapter, be considered a regularly established place of business.

(Prior code § 1102)

It shall be unlawful for any person to engage in or operate any business or activity which is designated in this Chapter as requiring a permit, without first duly obtaining a permit in accordance with the provisions of this Chapter.

(Prior code § 1103)

The following businesses and activities shall require a written permit duly obtained from the Chief of Police.

A. Sound Trucks. Advertising by means of sound trucks, portable loud speakers, or sound producing apparatus or equipment.

B. Search Lights. Advertising by means of portable searchlights or arc lights or light producing apparatus or equipment.

C. Detective agencies, patrol services, private policemen and special guards in private night watch service.

D. Burglar Alarm Systems. Selling, leasing, inspecting, installing or maintaining burglar alarm systems.

E. Solicitors, Direct Selling Representatives, and Itinerant Vendors. Soliciting or direct selling in person, by telephone or by any other means of communication, the retail sale of any goods, wares, merchandise, literature, services or other things of value for immediate or future delivery and where the solicitor or seller does not have a regularly established place of business within the City. A permit shall be required, in accordance with this Section, regardless of the zone, as defined by the City's Zoning Ordinance, in which the sales activity takes place.

F. Itinerant Photographer. Carrying on the business or activity of a photographer, other than at a regularly established place of business within the City.

G. Fortunetelling and Astrology. The practice of fortunetelling, horoscope reading, astrology, numerology, phrenology, palmistry, life reading, clairvoyance, crystal gazing, hypnotism, prophecy, tea leaf reading, card reading, magic or necromancy.

(Prior code § 1104)

The following businesses and activities shall require a written permit duly obtained from the City Clerk.

A. Carnivals, Circuses and Similar Amusements. The operating or conducting of any carnival, circus, fair, entertainment, exhibition, amusement, side show, games of skill, science or chance.

B. Organized Public Gatherings. Parades, marches, demonstrations, street dances, exhibitions, and games conducted in, on, or upon the public rights-of-way.

C. Closing Out Sales. The managing, conducting or carrying on of any closing out sale, going out of business sale, bankrupt sale, insolvency sale, trustees sale, liquidation sale, fire or water damage sale, or any other sale which is represented or advertised to lead the public to believe that the person conducting such sale is selling out or closing out goods, wares or merchandise of any business for less than the current or going retail price therefore in the City. Provided, that this Subsection shall not include any person that has been engaged in business in the City continuously for a period of not less than one year and where such sale is for the purpose of disposing of his or her stock on hand and of closing out his or her business, provided, that such person does not sell, offer or expose for sale at any such sale, any goods, wares or merchandise which are not the regular stock of the store or place of business which is to be closed out by such sale, or to make any replenishments or additions to such stock for the purposes of such sale.

(Prior code § 1105)

Any additional businesses or activities, which by their nature, require special regulation in order to protect the public safety, health and welfare, may be designated by the City Council as requiring compliance with the provisions of this Chapter.

(Prior code § 1106)

The provisions of this Chapter shall not be construed to apply to any business or activity exempted from City regulation by State or Federal law. The application fee designated and required in Section 5.08.080 shall not be required of those persons, organizations, and institutions designated eligible to be exempt from license fee in Chapter 5.04 of this Code.

(Prior code § 1107)

The fee for a permit shall be established by the Council by resolution. Said fee is not to raise revenue but to defray the expense of the investigation of the applicant and the permit procedure. Applications shall be filed with the City Clerk on forms provided, the original of which shall be duly acknowledged in the form of an affidavit and shall include the following information:

A. A full identification of the applicant and all persons to be directly or indirectly interested in the proposed business or activity;

B. The residence and business address of applicant, including all directors and officers of any corporation;

C. The location of the proposed business or place for which the permit is requested and the name of the owner and the present use of such premises;

D. The exact nature of the proposed business for which the permit is requested and the name under which it is to be operated;

E. The past experience of the applicant in the business or activity to which the requested permit appertains and the name, address and past experience in such business of the person to be in charge thereof;

F. Finger, thumb prints and recent photograph of the applicant when specifically required;

G. Whether or not any permit has been revoked and, if so, the circumstances causing such revocation;

H. Whether any persons interested in the proposed business or activity have ever been convicted of a felony or of any misdemeanor involving moral turpitude;

I. Such further information as required by the issuing body or officer;

J. Time for which such permit is required, if applicable.

(Prior code § 1108)

Immediately upon filing a properly executed application for a permit, the City Clerk shall refer one copy to the officer or body charged with the responsibility of acting upon or recommending with respect to applications for permits involving the particular type of business or activity as designated in Sections 5.08.040 through 5.08.060, inclusive, of this Chapter.

(Prior code § 1109)

The issuing body or officer may, if it deems it necessary, hold a hearing prior to making a determination as to whether a permit should be issued. The City Clerk shall notify the applicant in writing of the time and place of the hearing before the officer or body charged with the responsibility of acting upon the particular business or activity, giving such notice at least five days prior thereto unless the applicant waives such notice in writing. The issuing body or officer may give such further notice to persons affected as deemed necessary to insure a fair hearing.

(Prior code § 1110)

The issuing body or officer may cause such investigations to be made of the applicant and the subject matter as may be determined is necessary in order to protect the public interest and to preserve the rights of the applicant. The presence of witnesses, together with required records, may be compelled by subpoena.

(Prior code § 1111)

The Chief of Police shall, upon the request of the issuing body, investigate and report all facts or evidence bearing upon the place where the proposed business for which a permit is sought is to be located and the character, reputation and moral fitness of those who will be in charge thereof.

(Prior code § 1112)

The officer or body required to act upon any application pursuant to this Chapter shall deny the application for any permit if it appears that the applicant's moral character or business responsibility is unsatisfactory, or if the applicant has been convicted of a felony or a misdemeanor involving moral turpitude, or that the activity for which permit is sought is itself objectionable or detrimental to the public health, morals, safety or general welfare; or that it conflicts with any City, State or Federal law; otherwise, the officer or body shall issue the permit.

(Prior code § 1113)

A permit may be issued upon such conditions as the public interest may require, including but not limited to, the following conditions:

A. Posting with the City a cash deposit or surety bond running to the City in an amount not to exceed $1,000.00, with surety acceptable to and in form approved by the City Attorney, conditioned that the applicant shall comply fully with all the provisions of the City Code and statutes of the State of California, and will pay all judgments against said applicant for any violation of said Code or statutes and will pay all judgments and costs that may be recovered against applicant by any person or persons for damages growing out of any misrepresentation or deception practiced on any person transacting such business with the applicant, whether said misrepresentations or deceptions were made or practiced by the owners or by their servants, agents or employees. Action on the bond may be brought in a name of the City to the use of the aggrieved person or may be brought directly by the aggrieved person.

B. Filing with the City Clerk an instrument nominating and appointing the City Clerk as his or her true and lawful agent with full power and authority to acknowledge service of process for and on behalf of applicant in respect to any matters connected with or rising out of the business transacted under said permit and the bond given as required above, or for the performance of the conditions of said bond or any breach thereof. Said instrument shall also contain recitals to the effect that the applicant consents and agrees that service of any notice or process may be made upon said agent, and when so made shall be taken and held to be valid as if personally served upon the person or persons applying for said permit and waiving all claim or right of error by reason of such acknowledgement of service or manner of service. Immediately upon service of process upon the City Clerk, as herein provided, the City Clerk shall send to the permittee at his or her last known address, by registered mail, copy of said process.

C. That the permittee shall hire off-duty police personnel for the purpose of keeping of peace, crowd control, or other necessary purposes, for the proposed business or activity.

(Prior code § 1114)

A. Notwithstanding any other provision of this Chapter, any permit issued for an itinerant vendor shall include the requirement that, prior to the issuance of the permit the vendor shall file in the office of the City Clerk a surety bond in the amount of not less than $2,000.00, or an amount equal to the estimated gross receipts for the period of sales to be conducted in the City, whichever amount is deemed most appropriate by the issuing officer. The surety bond shall be in a form approved by the City Attorney, which bond shall be so conditioned that the applicant shall fully comply with all of the provisions of the ordinances of the City and statutes of the State of California, and further guaranteeing to any person doing business with the applicant within the City, that the goods, wares, merchandise or services ordered by such person, shall be delivered or performed as represented by the permittee, and that action on such bond may be brought in the name of the City for the use or benefit of the aggrieved person.

B. The surety bond, regardless of the term of the permit, shall be in force for a period of one year following the date of the issuance of the permit. Such bond shall provide that the City is to receive not less than ten days notice, in writing, signed by the surety on such bond, or its authorized agent, stating that the liability of such surety is thereby terminated and canceled, and that nothing therein shall affect any rights or liabilities which shall have accrued under said bond prior to the date of such termination. Upon receipt of such notice by the City, the permit provided for herein shall automatically be suspended, and the permittee shall do no business while such permit is suspended. In the event that the permittee does not file with the City, prior to the date of expiration of original bond, another bond to replace the same, which shall meet all of the requirements of such surety bond as specified herein, the permit shall there upon be automatically revoked.

(Prior code § 1114.1)

In the event the application for permit is approved, or conditionally approved, pursuant to the provisions of this Chapter, a permit shall be executed by the issuing officer or the City Clerk and delivered to the applicant. If information such as results of fingerprint or background investigations is not available due to the time required to secure such information, the permit may be issued if it is deemed appropriate by the issuing body or officer and the City Attorney. A copy of such permit shall be maintained in the files of the City Clerk. Issuance of a permit in accordance with this Chapter does not relieve a permittee from compliance with other City regulations, including, but not limited to, zoning regulations.

(Prior code § 1115)

In the event a permit is issued for a business activity, it shall be in written form and when received by the applicant must be posted in a conspicuous place on any business premises where the business or activity for which such permit is issued is conducted and shall remain so posted during the entire period the permit shall be in force.

(Prior code § 1116)

No permit issued under this Chapter shall be transferable except by a written consent of the issuing officer or body.

(Prior code § 1117)

The applicant or any person dissatisfied with the determination of the issuing body or officer relative to any application for permit or license filed hereunder, or the revocation or suspension of any permit may appeal to the City Council by filing a notice of appeal in accordance with the requirements of Chapter 1.32 of this Code.

(Prior code § 1118; Ord. 1673(20) § 12)

The right to operate any business or other activity for which a permit is required under this Chapter may be suspended forthwith without notice and without hearing, in the event such suspension is necessary for the preservation and protection of public health, morals, safety or general welfare if so determined by the officer charged with the responsibility of issuing permits, or the City Council, provided, however, that no suspension shall continue for more than 15 days unless proceedings regarding revocation have been duly instituted in accordance with the provisions of this Chapter.

(Prior code § 1120)

A. Any permit issued pursuant to the provisions of this Chapter may be revoked by the City Council on the basis of any of the following:

1. That the business or activity has been conducted in an illegal or disorderly manner;

2. That any operator of the business or activity has an unfit character;

3. That the purpose for which the permit has been issued is being abused to the detriment of the public;

4. That the permit is being used for a purpose different from that for which it was issued;

5. That the permittee has misrepresented any fact in the application for permit or has not answered each question therein truthfully.

B. In the event a permit is revoked pursuant to the provisions of this Chapter, another permit shall not be granted to such person within 12 months after the date of such revocation.

(Prior code § 1121)

Every permittee shall be given at least five days written notice of hearing on the proposed revocation of this permit, together with written notification of the grounds of complaint against the business or activity of the permittee. In the event the City Council determines to revoke a license or permit pursuant to the provisions of Section 5.08.210 of this Chapter, such determination may be appealed to the City Council pursuant to the provisions of Section 5.08.190 of this Chapter.

(Prior code § 1122)

Any person violating any of the provisions of this Chapter or knowingly or intentionally misrepresenting to any officer or employee of this City any material fact in procuring the permit herein provided for, shall be deemed guilty of a misdemeanor, and upon conviction thereof be punishable by a fine of not more than $1,000.00, or by imprisonment in the City jail for a period of not more than six months, or by both such fine and imprisonment.

(Prior code § 1123; Amended during the 2008 recodification)