Los Angeles Municipal Code § 103.31 Denial of Application

(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.