Montebello Municipal Code Ch. 5.64 Restaurants

This chapter shall govern all restaurants which offer take-out service whether or not seating is provided and are within three hundred feet of residential uses. Restaurants which are located in shopping centers of five acres or more are exempt from these provisions.

(Prior code § 6413.1)

The intent of this chapter is to preserve the right of take-out restaurants throughout the city to establish their own business hours; provided, that while exercising that right, the peace and safety of nearby residents of other businesses is not jeopardized.

(Prior code § 6413)

No person shall operate or cause to be operated or participate in the operation of a restaurant which provides take-out food, between the hours of twelve a.m. and six a.m., without a permit to do so having been secured. No person having obtained a permit shall operate such a restaurant between twelve a.m. and six a.m. if the permit is suspended or revoked.

(Prior code § 6413.2)

An application for an extended hours permit must be made by the person intending to operate the restaurant in question and include a nonrefundable user fee set by resolution of the city council. The application must be signed by the restaurant operator and must be filed with the city license collector using a standardized form containing the following information:

A. The address of the restaurant for which the application is submitted;

B. The name and address of the owner(s), partners, officers or directors of the business;

C. The name and address of the applicant;

D. The intended hours of operation;

E. The name and address of any person in charge of the business during the hours between twelve a.m. and six a.m.

(Ord. 2031 § 3, 1990: prior code § 6413.3)

Upon receipt of an application for an extended hours permit, the license collector shall forward the application to the special services officer who will initiate a request for an investigation of the applicant, the business, and the neighborhood by the police department.

(Prior code § 6413.4)

Within thirty days from receipt of the application, the special services officer will issue the permit if it can be found that:

A. The application is complete and in proper form and all information provided is accurate and true;

B. The proposed extended hours of operation will not create a public nuisance infringing on the peace and safety of nearby businesses or residents;

C. That the extended hours of operation do not conflict with any state or local law, ordinance or existing permit.

(Prior code § 6413.5)

If the special services officer cannot make one or more of the findings stated in Section 5.64.060, he must not approve the permit request. In such case, the applicant may request a city council hearing on his application. Pending testimony at a public hearing before the city council, the council may issue the permit and may impose special conditions on the permit.

(Prior code § 6413.6)

Extended hours permits are not assignable. A new permit must be obtained if there is a change in operators. A change in night manager does not require a new permit; however, the special services officer must be supplied with the name and address of the new manager.

(Prior code § 6413.7)

Extended hours permits must be renewed on an annual basis. An application form as described in Section 5.64.040 must be completed and submitted with the annual business license. The license collector will forward the application to the special services officer to be reviewed for changes or problems which may have occurred during the previous year. Within thirty days, the special services officer will either issue the permit renewal or inform the applicant by certified mail that the permit has been denied.

(Prior code § 6413.8)

At any time that it becomes apparent to the special services officer of to the chief or police that an existing permit is in violation of one or more of the findings stated in Section 5.64.060, a hearing before the city council may be scheduled. Pending public testimony, the city council may revoke, suspend, or place special conditions on the permit in question. In no case shall the city council revoke or place permanent special conditions on a permit without a public hearing (pursuant to public hearing procedure as stated in Sections 17.78.010 and 17.78.020 of this code). However, the city council may suspend or place temporary conditions on a permit at any time. Notice of such suspension must be given to the applicant by certified mail within five days after the city council action.

(Prior code§ 6413.9)