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.

(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. 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.

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.

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.