Los Angeles Municipal Code Div. 6 Powers of Board

Section

• 103.27 Administration.

• 103.28 Investigation by Board.

• 103.29 Timing of Action on Application.

• 103.29.01 Executive Director Action on Application.

• 103.30 Effect of Granting Permit.

• 103.31 Denial of Application.

• 103.31.1 Final Decisions.

• 103.31.2 Effective Date of Notices.

• 103.32 Denial – Notice to Applicant.

• 103.33 Hearing on Denial – Request by Applicant.

• 103.34 Suspension or Revocation of Permits Issued Under this Article.

103.34.1 Suspension or Revocation of Permits Issued Pursuant to Sections 103.101.1, 103.102 and 103.109.

103.34.2 Judicial Review of Board Actions on Applications and Permits Subject to Sections 103.101.1, 103.102 and 103.109.

• 103.35 Disciplinary Action – Grounds.

• 103.36 Suspension or Revocation Without Hearing.

• 103.37 Suspension or Revocation – Effect on Other Permits.

• 103.38 New Permit Application after Denial or Revocation.

• 103.39 Cancelled or Suspended Permit – Jurisdiction of the Board.

• 103.40 Pending Revocation or Suspension Proceedings – Effect on Permittee.

• 103.40.1 Power of Board to Limit and/or Condition a Permit.

• 103.40.2 Subject Matter of Limitations and/or Conditions to a Permit.

• 103.41 Prior Acts No Bar to Board Action.

• 103.42 Stolen Property – Investigation.

• 103.43 Record Search – Charge Authorized.

• 103.44 Instructional Materials – Custody – Fees for Rental or Sale.

(Amended by Ord. No. 137,438, Eff. 11/7/68.)

The Board may adopt and enforce reasonable rules and regulations to carry out the purposes of this article. The Board may amend such rules and regulations from time to time. The Board shall cause such rules and regulations to be printed and distributed to permittees affected thereby.

(Amended by Ord. No. 137,438, Eff. 11/7/68.)

The Board shall investigate applications for permits. The Board may examine any applicant, officer, partner or member of an applicant under oath to determine who is the real party in interest in the business for which a permit is sought.

(Title and Section Amended by Ord. No. 181,776, Eff. 8/22/11.)

(a) Decision on Application. Subject to Section 103.29.01, the Board shall act to either grant a Police Permit or deny an application pursuant to the grounds set forth in Section 103.31:

(1) within 45 calendar days from receipt of a complete application for permits issued pursuant to Sections 103.101.1, 103.102 and 103.109;

(2) within 90 calendar days of receipt of a complete application for all other permits;

(3) if a hearing is requested, the time period in which the Board shall act is extended for a period of 15 calendar days.

(b) Time Extension. The time periods set forth above may be extended if mutually agreed upon by the Board and the applicant, or if a temporary permit has been issued.

(Added by Ord. No. 181,776, Eff. 8/22/11.)

The Executive Director is authorized to act on behalf of the Board to grant a Police Permit, except for applications made pursuant to Sections 103.101.1, 103.102 and 103.109, pursuant to the following:

(a) If the recommendation of the Department is to grant a Police Permit without conditions, or with conditions to which the applicant agrees, the Executive Director, or the Director’s designee, may grant the permit.

(b) If the recommendation of the Department is to grant a Police Permit with conditions over which the applicant disagrees, the permit application and a report prepared by the Department shall be forwarded to the Executive Director or the Director’s designee for review. If the Executive Director or designee concurs with the Department’s recommendation, the application and Department report shall be forwarded to the Police Permit Review Panel for action. If the Executive Director or designee does not concur with the Department’s recommendation, the Director may grant the permit without conditions.

(c) If the recommendation of the Department is to deny the permit application, the permit application and Department report setting forth the basis for the recommended denial shall be forwarded to the Executive Director or the Director’s designee, for review. If the Executive Director or designee concurs with the Department’s recommendation, the application and Department report shall be forwarded to the Police Permit Review Panel for action. If the Executive Director or designee does not concur with the Department’s recommendation, the Director may grant the permit.

(Amended by Ord. No. 176,907, Eff. 9/25/05.)

The granting of a permit by the Board is not to be considered as approving or condoning any act, conduct or condition of the applicant/permittee committed or existing prior to the grant of the permit.

The granting of a permit by the Board does not:

(a) Relieve the applicant/permittee from obtaining all appropriate permits or approvals required by the City of Los Angeles, or state or federal law;

(b) Relieve an applicant/permittee from compliance with all applicable local, state, and federal laws, including those related to building, zoning, fire, and other public safety regulations;

(c) Vest any development rights in the property or business; or

(d) Relieve the permittee from complying with conditions imposed upon the operation of a business pursuant to a discretionary land use permit or a nuisance abatement proceeding. In case of a conflict, the more restrictive conditions shall control.

(Amended by Ord. No. 179,836, Eff. 6/7/08.)

If the Board determines that the application does not satisfy the requirements of this article, it shall deny the application. The Board may also deny a permit on any of the following grounds:

(a) Grounds for Denial of Application Issued Subject to this Article. (Except Sections 103.101.1, 103.102, or 103.109.)

1. The applicant made a false or misleading statement of a material fact or omission of a material fact in the application;

2. The applicant is under eighteen years of age;

3. The applicant has committed or aided or abetted in the commission of any act or omission, which, if committed by a permittee, would be a ground for suspension, revocation, or other disciplinary action under this article;

4. The applicant has had a similar type of permit previously denied, suspended or revoked within five years immediately preceding the date of the filing of the application, and the applicant can show no material change in circumstances since the denial, suspension or revocation;

5. The business for which the permit is sought is prohibited by any local or state law, statute, rule or regulation, or prohibited in the particular location by the provisions of Chapter I of this Code;

6. The business for which the permit is sought has been or is a public nuisance;

7. The applicant has within five years immediately preceding the date of the filing of the application been convicted of a felony crime in any jurisdiction involving theft, fraud, violence, sale of a controlled substance as specified in Sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code, or any moral turpitude offense;

8. The applicant has within three years immediately preceding the date of the filing of the application been convicted of any offense listed in Section 103.31(a)(7) that has been made the subject of Section 17(b) of the California Penal Code;

9. The applicant has within five years immediately preceding the date of the filing of the application been found to have violated any law involving deceptive trade practices or other illegal business practices reasonably and narrowly related to the nature of conduct of the business for which the application is made; (Amended by Ord. No. 183,613, Eff. 7/19/15.)

10. The business for which the permit is sought has failed to comply with all City business tax and Parking Occupancy Tax laws; or (Amended by Ord. No. 183,613, Eff. 7/19/15.)

11. The applicant has within five years immediately preceding the date of filing of the application been found to have violated any law involving wages or labor as a violation of the California Labor Code or the Los Angeles Minimum Wage Ordinance, Los Angeles Municipal Code, Article 7, of Chapter XVIII or the Los Angeles Municipal Code, Article 8 of Chapter XVIII. (Added by Ord. No. 183,613, Eff. 7/19/15.)

(b) Grounds for Denial of Application Issued Subject to Sections 103.101.1, 103.102, or 103.109. In addition to the grounds set forth in 103.31(a)(1) - (6) above, an application under this article may be denied for the following reasons:

1. The applicant has within five years immediately preceding the date of the filing of the application been convicted of any misdemeanor or felony classified by the state as a sex-related offense, or of any offense described in California Penal Code Sections 266h, 266i, 315, 318, 653.22, or 647(a) or (b);

2. The applicant has within five years immediately preceding the date of the filing of the application been convicted of any offense described in California Penal Code, Part One, Title 9, Chapters 7.5 and 7.6;

3. The applicant has within five years immediately preceding the date of the filing of the application been convicted of a charge of violating any lesser included or lessor related offense, including California Penal Code Section 415, in satisfaction of, or as a substitute for, an original charge of any of the offenses listed in this section;

4. The applicant has been convicted of any offense that requires registration as a sex offender under California Penal Code Section 290; or

5. The business for which the permit is sought has failed to comply with all City business tax and Parking Occupancy Tax laws.

(Added by Ord. No. 175,676, Eff. 1/11/04.)

If the Board denies an application pursuant to this article, then the Board action is final upon mailing of a copy of the Board action to the applicant. If the Board acts to deny an annual permit renewal application or to revoke or suspend a permit pursuant to this article the Board action is final ten days after mailing of a copy of the Board action to the owner.

(Amended by Ord. No. 175,676, Eff. 1/11/04.)

All notices required by this article shall be deemed given upon the date they are either deposited in the United States mail or the date upon which personal service of the notice is provided.

(Amended by Ord. No. 177,412, Eff. 5/1/06.)

The Board shall notify the applicant of its intention to deny an application for a permit, stating the reasons for the denial. Service of such notice shall be made personally or by certified mail. The notice shall include or be accompanied by a statement that the applicant may request a hearing by filing a written request therefor within ten days after service upon the applicant of the notice of intention to deny, and that failure to do so will constitute a waiver of the applicant’s right to a hearing.

(Amended by Ord. No. 176,546, Eff. 5/2/05.)

Within ten days after service upon the applicant of a written notice of the intention of the Board to deny the applicant’s application for a permit, the applicant may file a request for a hearing with the Board. The request for a hearing shall be in writing and signed by or on behalf of the applicant and shall state the applicant’s mailing address. It need not be verified or follow any particular form. Failure to file such a request for a hearing shall constitute a waiver of the applicant’s right to a hearing. The Board, in its discretion, may nevertheless grant a hearing. No further notice other than notice of the date and place of hearing need be served on the applicant. Hearings granted under this section, except for permits subject to Sections 103.101.1, 103.102 and 103.109, shall be conducted substantially in compliance with the provisions of Article 2 of Chapter 2 of this Code. Hearings granted under this section for permits subject to Sections 103.101.1, 103.102 and 103.109 shall be conducted substantially in compliance with the provisions of Article 2, Chapter 10.

(Title and Section Amended by Ord. No. 176,546, Eff. 5/2/05.)

The Board may, upon its own motion or upon the verified complaint in writing of any person, investigate the actions of any permittee and may temporarily suspend for a period not exceeding one year, revoke the permit, or impose conditions upon the retention of a permit of any permittee who commits any one or more of the acts or omissions constituting grounds for suspension, revocation or disciplinary action under this article. The procedure for suspension, revocation, or disciplinary action shall comply with the provisions of Article 2, Chapter 10.

(Added by Ord. No. 175,676, Eff. 1/11/04.)

The Board shall, upon its own motion or upon the verified complaint in writing of any person, suspend or revoke an existing permit issued pursuant to Sections 103.101.1, 103.102, or 103.109, or impose conditions upon the retention of the permit as the Board shall find to be necessary to assure the preservation of the public health and safety, if the evidence presented establishes that:

1. The business has been operated in violation of any of the applicable requirements of this article;

2. Any of the applicable requirements for issuance of a permit ceases to be satisfied;

3. (Amended by Ord. No. 176,066, Eff. 8/8/04.) The permittee, the permittee’s employee, agent, partner, director, officer, or manager has been convicted by final judgment in a court of competent jurisdiction, which judgment has resulted from any trial or plea, including a plea of nolo contendere, of any of the following offenses occurring upon, or relating to the business premises:

(a) The presentation, exhibition or performance of an obscene production or play;

(b) The distribution of obscene material or material harmful to minors;

(c) Sexual abuse, rape, and any offense classified by the State as an offense involving sexual crimes against children;

(d) Prostitution or pandering;

(e) Penal Code Sections 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316, or 647, or the violation of any crime requiring registration under California Penal Code Section 290, or violation of any successor sections;

(f) A court has declared the business to be a public nuisance.

4. The permittee, the permittee’s employee, agent, partner, director, officer, or manager has knowingly allowed or permitted any act of sexual intercourse, sodomy, oral copulation or masturbation to be committed in or on the business premises, or has knowingly allowed or permitted prostitution, or solicitation of prostitution on the premises; or (Amended by Ord. No. 176,066, Eff. 8/8/04.)

5. The permittee, the permittee’s employee, agent, partner, director, officer, or manager has knowingly made any false, misleading, or fraudulent statements of material fact in the application for permit, or in any report or record required to be filed with the Board, or has violated any rule or regulation duly adopted by the Board relating to the business. (Amended by Ord. No. 176,066, Eff. 8/8/04.)

(Amended by Ord. No. 176,066, Eff. 8/8/04.)

The following applies only to businesses subject to Sections 103.101.1, 103.102 or 103.109:

A permittee or applicant may, pursuant to California Code of Civil Procedure Section 1094.8, seek judicial review of any Board decision to deny a permit application, to suspend or revoke a permit or deny an annual renewal of a permit. If the decision was based on a violation of Subdivisions 1, 2, 4 or 5 of Section 103.34.1, and an action is timely filed pursuant to Code of Civil Procedure Section 1094.8(d)(3), the Board’s final action is stayed for 75 days from the filing of court action.

It shall be a ground for disciplinary action if any permittee, the permittee’s agent or employee or any person connected or associated with the permittee as partner, director, officer, stockholder, general manager, or person who is exercising managerial authority of or on behalf of the permittee has:

(a) Knowingly made any false, misleading or fraudulent statement of a material fact in an application for a permit, or in any report or record required to be filed with the Board; or

(b) Violated any provision of this article or of any statute relating to the permittee’s permitted activity; or

(c) Been convicted of a felony or any crime involving theft, embezzlement or moral turpitude; or

(d) Committed any act constituting dishonesty or fraud; or

(e) A bad moral character, intemperate habits or a bad reputation for truth honesty or integrity; or

(f) Committed any unlawful, false, fraudulent, deception or dangerous act while conducting a permitted business; or

(g) Published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the operation of a permitted business; or

(h) Violated any rule or regulation adopted by the Board relating to the permittee’s business; or

(i) Willfully failed to comply with the terms of any contract made as a part of the exercise of the permitted business; or

(j) Conducted the permitted business in a manner contrary to the peace, health, safety, and general welfare of the public; or

(k) Demonstrated that the permittee is unfit to be trusted with the privileges granted by such permit; or (Amended by Ord. No. 183,613, Eff. 7/19/15.)

(l) Been found to have violated any law involving wages or labor as a violation of the California Labor Code or the Los Angeles Minimum Wage Ordinance, Los Angeles Municipal Code, Article 7, of Chapter XVIII or the Los Angeles Municipal Code, Article 8 of Chapter XVIII. (Added by Ord. No. 183,613, Eff. 7/19/15.)

(a) Conviction. If any person holding a permit under this article is convicted in any court of the violation of any law relative to their permit, the Board may revoke said permit forthwith without any further action thereon other than giving notice of revocation to the permittee.

(b) Failure to Comply with Order in Regard to Stolen Property. The Board may, without a hearing, suspend or revoke the permit of a permittee who fails to comply with an order of the Board made pursuant to Sec. 103.42.

The Board may make any order suspending or revoking the permit of a permittee applicable with equal force and effect to all permits issued to such permittee pursuant to this article.

When the permit of any person is revoked for cause, no new or other application for a permit from the same person shall be accepted within one year after such revocation. When an application for a permit is denied for cause, no new or other application for a permit from the same person shall be accepted within one year after denial, unless the applicant can show a material change in the applicant’s situation which would justify the issuance of such permit.

(Amended by Ord. No. 137,438, Eff. 11/7/68.)

The cancellation or suspension of a permit by operation of law, or by order or decision of the Board or a court of law, voluntary withdrawal of the application, or the voluntary surrender of a permit by a permittee shall not deprive the Board of jurisdiction to proceed with any investigation of, or disciplinary proceedings against, such permittee or to render a decision denying, suspending or revoking such permit.

(a) Continuing Business. Pending the final determination of a proceeding for revocation or suspension of a permit, a permittee may continue to engage in the business until the Board makes such final determination. (Amended by Ord. No. 137,438, Eff. 11/7/68.)

(b) Annual Police Permit Fee – Application. A permittee may submit the required police permit fee pursuant to Section 103.07 during the pendency of a proceeding to revoke or suspend the permittee’s permit. Such payment shall continue such permit in full force and effect until the entry of the final order by the Board terminating the proceedings. Failure of the Board to revoke, suspend, limit or condition the permit shall have the effect of continuing in full force said permit. (Amended by Ord. No. 137,438, Eff. 11/7/68.)

(c) Change of Location or Additional Locations – Application. A permittee may file an application for a change of location or additional locations during the pendency of a proceeding to suspend or revoke the permittee’s permit. The Board may authorize the change of location or additional locations.

(d) Board Action on Applications. Approval by the Board of applications pursuant to this section shall not be construed as having any effect on proceedings relative to revocation or suspension of the permit.

(Added by Ord. No. 140,007, Eff. 2/20/70.)

The Board may place reasonable limits and/or conditions upon any permit in any of the following situations:

(a) In any proceeding concerning the issuance, denial or revocation of a permit if the Board finds that grounds exist for the denial or revocation of the permit which grounds may be removed by the imposition of such limitations or conditions.

(b) In any proceeding concerning the suspension or revocation of a permit, if findings are made which would justify such suspension or revocation, and where the imposition of such limitations or conditions are reasonably related to such findings. In the case of a suspension, the conditions may be in lieu of or in addition to such suspension.

(c) Where, after proceedings to suspend or revoke a permit, the Board issues an order suspending or revoking only a portion of the activities to be exercised under such permit.

(d) In any proceeding concerning the issuance, denial or revocation of a permit, if the Board finds the imposition of such limitations or conditions is necessary for the public welfare.

(Added by Ord. No. 140,008, Eff. 2/20/70.)

The limitations and/or conditions authorized by Section 103.40.1 of the Los Angeles Municipal Code may cover any matter relating to the activities to be exercised under the permit, the conduct of the business or the condition of the premises, which will protect the public welfare including but not limited to the following:

(a) Restrictions as to hours during which the permitted activity may occur.

(b) The employment of designated persons including the number and the manner in which said persons are to be employed.

(c) Necessary sanitary facilities.

(d) Necessary parking facilities.

(e) Minimum seating and/or audience capacity.

(f) The manner and time within which the public is to pay in order to gain access to the permitted activity.

(g) Where the Board has determined that the cost of City services incident to the staging of the permitted activity will be increased because of the permitted activity, the Board may require the permittee to make payment into the general fund of the City of Los Angeles of an amount equal to the increased cost for the City Services.

(h) Where the Board determines there is a substantial danger of injury or damage to the public and/or property because of the permitted activity, the Board may require a policy of insurance naming the City of Los Angeles as an additional insured together with its agents, servants and employees as a co-insured and/or bond to cover the damage and/or injury which may occur. The amounts of the insurance and/or bond, if any, and type of coverage, are to be determined by the Board after it has determined the nature and extent of probable danger of injury or damage to the public.

The Board may take disciplinary action against a permittee as provided in this article even though the grounds for disciplinary action arose prior to the granting of the permit.

(a) Determination of Validity of Claims. Persons claiming ownership of property in the possession of a permittee or the permittee’s agent shall file a verified report with the Board setting forth their ownership therein and the fact that such property was stolen. The Board may, after a hearing upon notice to all parties, determine the validity of such claim, and the ownership of such property.

1. Hearing Examiners. The Board may designate a hearing examiner or any member of the Police Department to hear the evidence at the hearing provided above. The hearing examiner shall report their findings on the evidence to the Board.

2. Order of Board. If the Board determines that the property was stolen, that the claimant is the owner thereof, and that there was no collusion between the thief and the claimant, the Board may direct that such property be returned forthwith to the claimant without payment of compensation. The Board shall take no summary action to recover property on behalf of a claimant who, in the course of the claimant’s business, parted voluntarily with the possession thereof on a conditional sale, lease contract, deferred payment or rental basis.

3. Failure to Comply with Order. The Board may suspend or revoke without further hearing, the permit of a permittee who fails to comply with an order of the Board made pursuant to Subdivision 2 hereof.

4. Effect of Suit to Determine Ownership. If an action at law is brought by or against the person in possession of the alleged stolen property to establish the ownership of said property prior to a determination of the question by the Board, the Board shall suspend proceedings upon the claim when notified of such suit.

The Police Department may furnish information shown upon records kept pursuant to this article to persons asserting legal title to the property forming the subject matter of such records. A charge of $1.10 shall be collected as to each article of property for which such record information is requested by any person engaged in the business of selling property on conditional sales contract basis or by other deferred payment plan where such request is made in the regular course of such business and is an incident thereto. (Amended by Ord. No. 137,137, Eff. 9/29/68.)

(Amended by Ord. No. 146,898, Eff. 3/ 3/75.)

(a) The Board may authorize the sale or rental of any instructional materials, including, but not limited to, films, tapes, recording, photographs, printed matter, or any other audio or visual-aid equipment produced as a police training or educational aid by the Department to any bona fide law enforcement agency or organization engaged in the training or education of law enforcement officers, or other qualified public or private organizations approved by the Board, upon the payment of fees to be established by the Board in accordance with Subsection (b) of this section.

(b) The Board shall establish a fee schedule for the rental and sale of such instructional materials based upon and not to exceed the entire pro rata cost to the City of the production, rental or sale of such materials. Such fee schedule shall be revised from time to time in order to adjust the fees to be charged to the costs incurred.

(c) The fees to be charged for such sale or rental shall be collected by the Department and remitted to the General Fund.

(d) The Chief shall have the care, custody and control of such instructional materials and shall perform such duties in connection with the custody rental or sale thereof as the Board may direct.

(e) The provisions of this section are not to be construed as making or extending to make such instructional materials public records.