Long Beach Municipal Code Ch. 5.08 Enforcement and Penalties

A. The Business Services Officer, the Commercial Services Bureau Manager as well as those employees of the City holding the classified positions of Business License Supervisor and Business License or Permit Inspector shall have the duty of enforcing the provisions of this Title 5 as well as Chapter 3.80. They are authorized and directed to enter, free of charge, at any reasonable time, any place of business to verify compliance with the provisions of this Title 5 and Chapter 3.80, and they are authorized and directed, pursuant to California Penal Code Section 836.5, to arrest persons and to prepare, issue and deliver to any such arrested person written notice to appear in court and to release such person from custody upon receiving from him/her written promise to appear in court for any violation or violations of any section or sections of this Title 5 or Chapter 3.80, provided, however, that no person, shall be arrested for any violation of Chapter 5.73.

B. Nothing in this Section is intended to or shall operate to change or shall have the effect of changing the status of business licensing personnel from a public or miscellaneous officer or employee to an individual peace officer or safety member or to a class of peace officer or safety member for purposes of retirement, worker's compensation or similar injury or death benefits, or any other employee benefit or benefits to which said officer or employee would not have been entitled to as a public employee prior to the adoption of this Section.

(ORD-24-0002 § 6, 2024; Ord. C-7423 § 15, 1996: Ord. C-6260 § 1 (part), 1986)

All Police Officers and any civilian employee of the Police Department assigned to investigate business licenses and permits are hereby appointed inspectors of permits, and, in addition to their other duties, are expressly required to examine all places of business and persons required to obtain a business license as required by Long Beach Municipal Code Chapter 3.80 or a permit under this Title 5 and to see that such permits and/or licenses are obtained. The above-named persons shall have and exercise the power, first, to make arrests for the violation of any of the provisions of Chapter 3.80 or of this Title 5, provided, however, that no person, shall be arrested for any violation of Chapter 5.73; and, second, to enter, free of charge, at any reasonable time, any place of business for which a license is required by Chapter 3.80 or a permit is required by this Title 5, and to demand the exhibition of such permit or license for the current term by any person engaged or employed in the transaction of such business. If such person then and there fails to exhibit such permit or license, such person shall be liable for the penalty or subject to enforcement procedures provided for this violation. It is the duty of the Police Officers and designated civilian personnel to cause complaints to be filed against all persons violating any of the applicable provisions of Chapter 3.80 or of this Title 5. The Chief of Police is directed to carry into effect the provisions of this Section.

(ORD-24-0002 § 6, 2024; Ord. C-7423 § 15, 1996: Ord. C-6260 § 1 (part), 1986)

A. Every person who fails to obey and comply with any provisions of this Title 5 or Chapter 3.80 or who violates any such provision or who causes such failure, disobedience or violation, shall be deemed guilty of a misdemeanor and shall be subject to the penalties as set forth in Section 1.32.010, with the exception of violations of Chapter 5.73, which are subject to the penalties enumerated in that Chapter.

B. The owner, manager, or operator of any business, occupation, institution or act enumerated in Subsection A above is responsible for any violation by an employee of any provisions of this Section. Any violation arising from any business, occupation, institution or act enumerated in Subsection A of this Section, shall be deemed a violation for which the owner, manager or operator of each such business, occupation, institution or act is responsible.

(ORD-24-0002 § 6, 2024; Ord. C-7423 § 15, 1996: Ord. C-6260 § 1 (part), 1986)

Neither the arrest, prosecution, conviction, imprisonment, or payment of any fine for the violation of this Title 5 shall satisfy or diminish the authority of the City to institute civil action seeking enforcement of any or all of the provisions of this Title 5.

(ORD-24-0002 § 6, 2024; Ord. C-7423 § 15, 1996: Ord. C-6260 § 1 (part), 1986)

Any person required to comply with any or all of the provisions of this Title 5 shall be liable in an action filed by the City in any court of competent jurisdiction in order to enforce such provision and to pay such reasonable costs of the suit as the court may deem appropriate.

(ORD-24-0002 § 6, 2024; Ord. C-7423 § 15, 1996: Ord. C-6260 § 1 (part), 1986)