Chapter 5.04 — ADMINISTRATION

A.

Each applicant for a permit pursuant to this Title 5 shall file a written statement with the City upon prescribed forms indicating the type of activity to be conducted, officers of the firm and sufficient information as requested by the City to enable determination as to issuance or nonissuance of the permit, and a separate permit shall be obtained for each branch establishment or separate office or place for carrying on any business or pursuit within the City.

B.

If applicant has not provided all required information and paid the necessary application fees within sixty (60) days, the application will be deemed void and of no further force and effect.

(Ord. C-7423 § 13, 1996: Ord. C-6260 § 1 (part), 1986)

The Director of Financial Management shall thereupon refer such application to the appropriate departments of the City in order that it may be ascertained whether or not the business proposed to be conducted or the premises in which it is proposed to locate such business, will comply with applicable laws and ordinances.

(Ord. C-7423 § 13, 1996: Ord. C-6260 § 1 (part), 1986)

In the event that a particular department of the City rejects an application for the reason that such business or the location at which it is proposed to be conducted will not comply with applicable laws and ordinances, no permit shall be issued, and the application shall be denied.

(Ord. C-7461 § 10, 1997)

A.

Each applicant for a business permit shall pay a permit fee as set forth in the business permit fee schedule established by resolution of the City Council. Such fees are imposed for the purpose of reimbursing the City for the costs incurred in investigating, issuing and administering the permits issued pursuant to this Title 5, and they shall be nonrefundable if any costs in connection with the application/permit have been incurred by the City.

B.

All permit fees provided for in this Title 5 shall be due and payable in advance. The applicant or permittee who fails to pay regulatory or investigation fees within thirty (30) days of the due date shall be subject to penalty fees in the same manner as in Section 3.80.422 of the Long Beach Municipal Code.

(Ord. C-7423 § 13, 1996: Ord. C-6260 § 1 (part), 1986)

A.

Notwithstanding any other provisions of this Title 5 or Chapter 3.80 of this Code, the health inspection fees and permit set forth in this Section shall be applicable at all times as to classifications of businesses, occupations, institutions, or acts set forth in division 104, part 7 of the California Health and Safety Code, commencing with section 113700 and as established by resolution of the City Council for the Division of Environmental Health for health services.

B.

No City business license shall be originally issued, nor shall any City business license be transferred from one (1) site to another, for any business, occupation, institution or act enumerated in Subsection 5.04.050.A, unless the place where or plans for said business, occupation, institution or act is to be conducted, or the compact mobile food facility (as defined by the California Health and Safety Code) is first inspected by the Health Officer or duly authorized representative, and unless the application for such original City business license, or such transfer is first approved by the Health Officer, fee paid and a permit to operate issued therefor.

C.

The permit and the health inspection fees required to be paid by this Section with respect to a classification listed for which a business license fee is also required by this Code may be prorated in the same manner as the fee for such business license. In all cases where a business license fee is not required to be paid for the carrying on of a classification listed in this Section, the permit and health inspection fee may be prorated in the same manner as that specified for license issued on a fiscal year basis as provided in this Code.

D.

All fees provided for in this Section shall be due and payable in advance, and any person who fails to pay any such fee provided in this Section within thirty (30) days after the same has become due must pay, in addition thereto, a sum equal to twenty-five percent (25%) of the amount of the original fee.

E.

The fees referred to in this Section shall be established by a resolution of the City Council which may be consolidated with that provided for in Section 5.04.040.

F.

After building plans or compact mobile food facility (as defined by the California Health and Safety Code) plans have been checked and are subsequently so revised as to necessitate rechecking, the Health Officer

shall require the applicant to pay a rechecking fee of fifty percent (50%) of the plan check fee set forth in this Section.

G.

Every person engaging in, conducting, managing or carrying on at the same time more than one (1) of the businesses, occupations, institutions or acts mentioned in Subsection 5.04.050.A, whether located at the same place or not, shall be required to pay the fee and obtain a permit to operate for each such business, occupation, institution or act unless exempted by the Health Officer or by resolution of the City Council.

H.

The permit to operate shall not be issued to a fictitious name. All permits must be issued in the true name of the individual, in the true names of the persons in a partnership or the exact name which appears in the articles of incorporation.

I.

The permit to operate required by this Section shall not be issued for a period greater than one (1) year. A permit to operate shall not be issued for less than one-fourth (¼) of a year.

Fees required by this Section for ten dollars ($10.00) or less shall not be prorated. The fee for a public swimming pool which operates five (5) months or more of a year shall not be prorated.

When prorating for more than one-quarter (¼), the quarters shall run concurrently.

J.

Every permit to operate required by this Section shall be conspicuously displayed on the compact mobile food facility (as defined by the California Health and Safety Code) or in the place of business, occupation, institution or act as approved by the Health Officer.

K.

A fee or penalty fee shall not be refunded if the business, occupation, institution or act, required by this Section to pay such fees, operates for twenty-four (24) hours or more.

No fee shall be refunded for the following businesses, occupations, institutions, or acts:

Add a partner to permit;

Backflow prevention device;

Copy of official records;

Hazardous waste spill/cleanup;

Noise business license inspection;

Noise environmental impact report;

Noise permit;

Noise variance;

Plan check;

Site transfer of permit;

Solid waste facilities applications;

Well permit;

Others approved by the City Council or Health Officer.

However, any overcharges or over remittances of one dollar and one cent ($1.01) or more shall be refunded provided that any refund of one thousand dollars ($1,000.00) or more shall require the prior approval of the City Council.

(ORD-24-0002 § 5, 2024; Ord. C-7799 § 1, 2002; Ord. C-7423 § 13, 1996: Ord. C-6260 § 1 (part), 1986)

A.

Every person issued a permit pursuant to this Title 5 may be required to display a permit identification card in a visible position upon his/her person when working and produce the card for inspection upon request.

In the event of loss of the card, the City may charge a replacement or reissuance fee in an amount established by the City Council by resolution to recover its cost of replacement.

B.

No person shall reproduce, duplicate, copy or alter a permit identification card for the purpose of circumventing the display requirement of this Section or for giving a false or misleading impression that any duplication of an original identification card is valid. The permit identification card shall be maintained in good condition or it shall be replaced.

C.

The permit identification card is not transferable and is only valid when presented with an official California identification card.

D.

Every person holding a permit identification card required by this Title 5 who changes the location of his/her place of business shall, prior to engaging in such business at the new location, apply for and receive a new permit identification card.

E.

Every person holding a permit identification card shall immediately surrender it to the Chief of Police, upon termination of employment, expiration of the card or suspension or revocation of the permit.

F.

Any use of the permit identification card for purposes other than as required by this Chapter is prohibited.

(Ord. C-7423 § 13, 1996: Ord. C-6325 § 12, 1986)

Any photographs required in connection with any permit issued shall be in good condition so as to be easily identified with the applicant or permittee and shall have been taken within the last six (6) months. New photographs must be furnished when a permit is renewed.

(Ord. C-7423 § 13, 1996: Ord. C-6260 § 1 (part), 1986)

A.

Upon receipt of written notice from the departments, pursuant to Section 5.04.020, that the business and the location at which the business will be conducted comply with applicable laws and ordinances, a permit may be issued by the Director of Financial Management.

B.

Concerned departments shall render a recommendation to the Commercial Services Bureau to approve, conditionally approve, or deny the application within sixty (60) days after a completed application has been filed. Where a background investigation is required and where circumstances beyond the control of the City justifiably delay approval or denial within the prescribed period, the Chief of Police may provisionally approve a temporary permit conditioned as the Chief of Police deems necessary if he/she finds that a prolonged pending delay in permanent permit approval is to be anticipated, and it appears likely that a permit will be granted at the end of that period.

(Ord. C-7423 § 13, 1996: Ord. C-6260 § 1 (part), 1986)

The liability on any surety bond deposited with the City pursuant to the provisions of this Chapter may be terminated upon the filing with the Director of Financial Management by the surety on the bond of a written notice to the City wherein it shall be stated that the surety intends to terminate the liability upon the bond. Termination is to become effective thirty (30) days from and after the day upon which the notice of intention to terminate liability is filed with the Director of Financial Management; provided, however, that in no case shall the termination of liability by the surety on any bond affect any liability incurred prior to the date of termination thereof.

(Ord. C-7423 § 13, 1996: Ord. C-6260 § 1 (part), 1986)

No person holding a permit required by this Chapter shall allow any unauthorized person to use said permit or to use the name of said permittee for the purpose of evading any provision of this Title 5.

(Ord. C-7423 § 13, 1996: Ord. C-6260 § 1 (part), 1986)

A.

Every person having a permit issued under this Title 5 shall prominently display such permit. If such business is operated from a vehicle or a boat, the vehicle or boat shall have affixed thereon an identifying decal issued by the City. In the event of loss of such decal, the City shall charge a replacement fee in an amount established by the City Council by resolution.

B.

No person shall reproduce, duplicate, copy or alter an original business permit for the purpose of circumventing the prominent display requirement of this Section or giving a false or misleading impression that any duplication of an original business permit is valid and that the appropriate business permit fee therefor has been paid.

C.

No person who has a valid permit issued by the City in his/her possession or under his/her control shall fail to exhibit the same on demand.

(Ord. C-7423 § 13, 1996: Ord. C-6260 § 1 (part), 1986)