section 8-1. — Novato Municipal Code

(Ord. No. 659, § 8)

8-5.9 Suspensions and Revocations.

The chief of police may suspend any license issued hereunder on the grounds that the licensee has violated any of the provisions of this section, has committed any act which would originally have constituted grounds for denial of this license, or has committed an act of theft by fraud, deceit, false pretenses, or tricks and device.

Suspensions shall be for a period of no less than three days nor longer than 60 days. Any suspension ordered by the chief of police shall take effect two days after notice of suspension has been delivered to a licensee, or in his absence, an employee of the licensed establishment.

The licensee, if he desires to appeal the action of the chief of police, shall within ten days file a notice with the city council. If such notice is not filed within the ten days, the action of the chief of police shall be final.

The suspension order by the chief of police shall not become effective upon the filing of an appeal notice by the licensee until after the appeal is reviewed by the city council. The city council has the authority to approve or disapprove the suspension.

The city council may, after hearing, revoke any license issued hereunder on the same grounds as set forth above regarding suspensions. If any single licensee should receive in any two consecutive years two suspensions, the chief of police shall bring the matter, together with his recommendation, to the attention of the city council for possible revocation.

(Ord. No. 659, § 9)

8-5.10 Penalty. Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, violating any of the provisions of this section shall be deemed guilty of an infraction and upon conviction shall be punished as specified in subsection 1-5.1.

(Ord. No. 659, § 10; Ord. No. 1056, § 12)

8-6 - Connection to Police Department Terminal Alarm Panel.

8-6.1 Definitions. For the purposes of this section, the following terms shall have the following meanings:

"Authorized Agency" shall mean a person, firm, partnership or corporation charged with the security of the public's funds or other things of value or engaged in the business of installing and maintaining alarm signal systems for the protection of such funds or other things of value.

"Manager" shall mean the Novato city manager or his designate.

"Subscriber" shall mean a person, firm, business, corporation, or other entity for whose benefit the alarm system is installed.

"Protected Area" shall mean any area, building, or structure equipped with an alarm device.

"False Alarm" shall mean an alarm signal system necessitating response by the Novato Police Department where an emergency situation does not exist.

(Ord No. 214, § 1: Ord. No. 962, § 1)

8-6.2 Permits. The manager is hereby authorized and empowered to grant to an authorized agency a permit to connect to the police department terminal alarm panel and to maintain in electrical connection therewith an auxiliary alarm system of such other device as may be installed or maintained by the authorized agency in buildings located within the city for the protection of said authorized agency or its subscribers, subject to the restrictions and requirements specified in this section.

(Ord. No. 214, § 2)

8-6.3 Applications for Permits. A separate application in writing shall be filed for each and every connection desired and no alarm system subject to permit shall be installed until such application has been approved and a permit granted as herein provided. This application shall state the name and address of the authorized agency, the name and address of the subscriber, if any, for whom the alarm service is to be provided, the nature of the business conducted by the subscriber, the location of the proposed installation and such other essential information regarding the proposed installation as may be required. Applications shall be filed with the manager, who shall conduct such investigation as he may deem proper as to the justification for the alarm connection in the public interest and may deny this application when, in his opinion, good cause exists therefor.

(Ord. No. 214, § 3)

8-6.4 Liability for Costs. The manager shall determine whether the proposed connection and associated system is compatible with the electrical requirements of the police department terminal alarm panel and shall designate the manner of connection and the technical standards which are applicable thereto. Upon written order of the manager, the authorized agency shall proceed to make said connection or extension of connection at the sole expense of the agency. Should the authorized agency desire the abandonment or termination of a subscriber service, it shall make such disconnection or termination at the sole expense of the agency.

(Ord. No. 214, § 4)

8-6.5 Alterations in Alarm Panel. If at any time the city shall for any reason abandon, change, modify, relocate or in any way alter the operation, manner or characteristics of the police department terminal alarm panel and if the authorized agency shall desire to continue the maintenance of alarm connections under permit, then such addition, change or modification necessary to conform to the standards adopted by the city shall be made at the sole expense of the authorized agency. If the authorized agency shall not desire to continue the service of the connection to the police department terminal alarm panel, then it shall remove its associated wires and appurtenances on demand or the city shall make such disposition of the same as it shall deem fit.

(Ord. No. 214, § 5)

8-6.6 Responsibility for Alarm System; Disconnection of Installations.

Every alarm system installed and connected to the police department terminal alarm panel shall conform to the standards and requirements set forth by the manager. If at any time an installation connected to the police department terminal alarm panel under authority of a permit shall be, or in any way interfere with the safe and reliable operation of the police department terminal alarm panel or any portion thereof, the manager shall thereupon immediately have such installation disconnected from said alarm panel and it shall not be again connected until it shall have been determined by the manager to be in a safe and satisfactory condition. In every instance of a disconnection the manager shall give prompt notification thereof to the authorized agency responsible for the maintenance of the alarm service.

Both the authorizing agency and the subscriber shall be responsible for the proper use and operation of a protected area device whether silent or audible, including all necessary instruction in turning off the alarm, and in avoiding false alarms.

A protected area device shall constitute a public nuisance and be disconnected from the terminal alarm panel if it activates more than:

Four false alarms in any 30-day period.

Six false alarms in any 90-day period.

Subsections 1 and 2 shall be effective 30 days after installation is certified by the authorizing agency as operational.

A disconnected subscriber must reapply for a permit to connect to the police department terminal alarm panel. Application shall be filed with the manager, who shall conduct such investigation as he may deem proper as to the justification for the reconnection of the disconnected alarm. The subscriber must show good cause for reconnecting the alarm.

(Ord. No. 214, § 6; Ord. No. 962, §§ 2, 3)

8-6.7 Permits Non-Exclusive. No permit issued under this section shall grant an exclusive right or franchise nor shall it in any way limit or abridge the rights and powers of the city council to grant franchises or issue such permits as shall seem to be advisable to the council.

(Ord. No. 214, § 7)

8-6.8 Assignment of Permits. No permit issued under the provisions of this section shall be transferred or assigned without prior written approval of the manager.

(Ord. No. 214, § 8)

8-6.9 Abandonment of Alarm Panel. In the event of the abandonment by the city of the police department terminal alarm panel service, any and all permits issued under authority of this section shall automatically terminate, provided, however, that city may not abandon the service except upon 30 days prior written notice of said abandonment to any and all permittee's hereunder.

(Ord. No. 214, § 9)

8-6.10 Indemnity. The authorized agency shall indemnify, save harmless and defend the city and all of its officers, agents and employees, against any and all liabilities for injuries to or death of any person, or any injury to any property arising out of those acts in connection with any permit issued pursuant to this section on the part of authorized agency, its officers, agents or employees, or any contractor or subcontractor retained by, or on behalf of, said authorized agency, or the officers, agents or employees of any of the same. The authorized agency shall further indemnify, save harmless and defend the city and all of its officers, agents and employees, against any and all liability arising by reason of any claims or demands of contractors or subcontractors retained by, or on behalf of, the authorized agency, or by reason of any liens or other claims which may be filed by, or on behalf of, any of the same, or by, or on behalf of, any other person regarding any permit issued pursuant to this section.

(Ord. No. 214, § 10)

8-6.11 Extent of Permit. The services provided under any permit issued pursuant to this section shall not extend to or benefit any person or corporation or other entity other than those expressly named in said permit and no other party shall have any right or interest in or privilege except as expressly provided in the permit.

(Ord. No. 214, § 11)

8-6.12 Non-Liability of City for Damages. Any permit issued pursuant to this section shall provide that: (1) The authorized agency expressly waives any and all claims for compensation for any and all loss or damage sustained by reason of any failure, defect, deficiency or impairment of the police department terminal alarm panel, or any part thereof, or of any other system connected thereto, including any and all installations of the authorized agency made pursuant to any permit issued hereunder or arising from any act or omission on the part of the city or its officers, agents or employees or arising from any other cause, not limited to the foregoing, in connection with the activities of the authorized agency under said permit; (2) the authorized agency expressly releases and discharges the city and its officers, agents and employees from any and all demands, claims, actions and causes of action arising from any of the causes aforesaid.

(Ord. No. 214, § 12)

8-6.13 Use of City's Facilities. The granting of a permit hereunder shall not give any authorized agency the right or privilege to use, nor shall it be permitted to use, the conduits, poles or other facilities belonging to the city.

(Ord. No. 214, § 13)

8-6.14 Fees. The authorized agency shall pay to the city such fee or fees for the connection, maintenance and/or termination of each terminal alarm as shall be prescribed by city council resolution adopted from time to time. No fee shall be charged for connection by any governmental agency.

(Ord. No. 214, § 14)

8-6.15 Acceptance of Permit. The authorized agency shall file a written acceptance of each permit with the manager and the permit shall go into effect only when such acceptance has been filed.

(Ord. No. 214, § 15)

8-6.16 Automatic Dialing Device — Certain Interconnections Prohibited.

It is unlawful for any person to program an automatic dialing device to select any telephone line assigned to the City of Novato after the effective date of this ordinance.

It is unlawful for an alarm system user to fail to disconnect or reprogram such device within 12 hours of receipt of written notice from the coordinator that an automatic dialing device is so programmed.

This section shall not apply to those automatic dialing devices interconnected by separated dedicated line to the communication center of the Novato Police Department with the written permission of chief of police.

Any violation of the above sections shall be considered a misdemeanor.

(Ord. No. 962, § 4)

8-6.17 Termination; Surrender. A permit issued under authority of this section shall continue in full force and effect unless and until revoked by the city or surrendered by the authorized agency upon the giving of 30 days prior written notice.

(Ord. No. 214, § 16; Ord. No. 962, § 4)

8-7 - Taxicabs.

8-7.1 Definitions. For the purpose of this chapter, the words and phrases defined in this section shall be construed in accordance with the following definitions:

"City" means the City of Novato.

"Company" means any entity operating a taxicab business, including without limitation, a natural person, firm, association, organization, partnership, business, trust, corporation, or public entity.

"Company permit" means a valid permit issued by the JPA authorizing a company to operate a taxicab business.

"Driver" means a person who drives or controls the movements of a taxicab.

"Driver's permit" means a valid permit issued by the JPA authorizing a person to drive or control the movements of a taxicab.

"JPA" means the Marin streetlight acquisition joint powers authority or successor entity.

"Operate a taxicab" means to drive a taxicab and either solicit or pick up passengers for hire in the city.

"Program" means the Marin streetlight acquisition joint powers authority taxicab regulation program adopted and administered by the JPA.

"Taxicab" means a motor vehicle regularly engaged in the business of carrying passengers for hire, designed for carrying not more than eight persons, excluding the driver.

"Vehicle permit" means a valid permit issued by the JPA authorizing a particular vehicle to be operated as a taxicab.

(Ord. No. 1496, § 1)

8-7.2 Compliance with Program. No driver or company shall operate or cause the operation of a taxicab in the city unless such operation complies with the terms and requirements of the program which shall be adopted by separate resolution of the city.

(Ord. No. 1496, § 1)

8-7.3 Driver's Permit Required. A person shall only operate a taxicab in the city if that person possesses a driver's permit. A company shall only allow a driver to operate a taxicab if that driver possesses a driver's permit.

(Ord. No. 1496, § 1)

8-7.4 Taxicab Vehicle Permit Required. A driver shall only operate a taxicab in the city if that vehicle displays a vehicle permit. A company shall only allow a taxicab to be operated in the city on its behalf if that vehicle displays a vehicle permit.

(Ord. No. 1496, § 1)

8-7.5 Company Permit Required. A company shall only operate a taxicab business in the city if that company possesses a company permit.

(Ord. No. 1496, § 1)

8-7.6 Application for Permits. Application for a driver's permit, vehicle permit and/or company permit shall be made to the JPA, upon a form provided by the JPA and shall be accompanied by an application fee sufficient to cover the administrative costs of processing such application as established by the JPA. The fee schedule established by the JPA shall be adopted by separate resolution of the city council.

(Ord. No. 1496, § 1)

8-7.7 Testing for Controlled Substances and Alcohol. A driver shall test negative for controlled substances and alcohol as required by the program and any and all applicable state statutes.

(Ord. No. 1496, § 1)

8-7.8 Insurance Required. A driver operating a taxicab in the city shall carry with him/her at all times proof of insurance covering that vehicle, with such policy limits and coverage as established by the JPA. Said proof of insurance must clearly identify the vehicle covered.

(Ord. No. 1496, § 1)

8-7.9 Equipment. A taxicab operated under the authority of this chapter shall be equipped according to the standards established by the JPA.

(Ord. No. 1496, § 1)

8-7.10 Mechanical Condition. A taxicab operated under the authority of this chapter shall be maintained according to the standards established by the JPA.

(Ord. No. 1496, § 1)

8-7.11 Operational Requirements.

A driver shall only carry a passenger to his/her destination by the most direct and accessible route.

A taxicab shall have all permits issued by the JPA conspicuously displayed according to the standards established by the JPA.

A taxicab shall have the following information continuously posted in a prominent location in the taxicab passenger compartment according to the standards established by the JPA:

A schedule of rates and charges for the hire of said taxicab;

The company's name, address and telephone number;

The company permit;

The taxicab identification number;

The driver's permit issued by the JPA; and

The vehicle permit issued by the JPA.

A driver shall give a receipt for the amount charged upon the request of the person paying the fare.

A taxicab shall only be operated if the passenger compartment is kept in a clean and sanitary condition free from offensive odors in accordance with the standards established by the JPA.

The name or trade name of the company shall be printed, stamped or stenciled conspicuously on the outside of each taxicab according to the standards established by the JPA.

(Ord. No. 1496, § 1)

8-7.12 Separate from Business Licensing. The requirements of this chapter are separate and independent from the business licensing and any other provisions under the city code. Any company and/or driver operating a taxicab in the city shall obtain a business license to the extent required under the terms of this code.

(Ord. No. 1496, § 1)

8-7.13 Enforcement and Penalty Provisions. The city intends to secure compliance with the provisions of this chapter by any of the following alternate, separate and distinct methods. Each method set forth herein is intended to be mutually exclusive and does not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations nor does it prevent utilization of any other enforcement mechanisms and/or penalties available by law. Each day a violation exists constitutes a separate offense.

Notwithstanding any other provision of this chapter, each violation of the provisions of this chapter may be enforced alternatively as follows:

Infraction. Any person or entity including without limitation a driver or company violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter may be prosecuted for an infraction. Written citations for infractions may be issued by police officers or nonsafety employees designated by the city by separate resolution. Any person convicted of an infraction under the provisions of this chapter shall be punished by:

A fine not exceeding one hundred ($100.00) dollars for a first violation;

A fine not exceeding two hundred ($200.00) dollars for a second violation within one year;

A fine not exceeding five hundred ($500.00) dollars for each additional violation within one year.

Misdemeanor. Any person or entity including without limitation a driver or company violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter may be prosecuted for a misdemeanor. Written citations for misdemeanors may be issued by police officers or by nonsafety employees designated by the city by separate resolution. Any person convicted of a misdemeanor under the provisions of this chapter shall be punished by a fine not exceeding one thousand ($1,000.00) dollars or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment.

Civil Action. The city attorney by and at the request of the city council, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this chapter, as provided by law.

(Ord. No. 1496, § 1)

8-8 - Escort Service.

8-8.1 Definitions. As used in this section the following words and phrases shall mean and include:

"Escort Service" shall mean any business, agency or person who, for a fee, commission, hire, reward or profit, furnishes or offers to furnish names of persons, or who introduces, furnishes or arranges for persons, who may accompany other persons to or about social affairs, entertainments or places of amusement, or who may consort with others about any place of public resort or within any private quarters. Excluded from this definition are businesses agencies or persons which provide escort services for frail older persons as defined in Welfare and Institutions Code Section 9111, when such services are provided as part of a Multipurpose Senior Services program as defined in Welfare and Institutions Code Section 9403.

"Escort" shall mean any person who, for a fee, commission, hire, reward or profit, accompanies other persons to or about social affairs, entertainments or places of amusement or consorts with others about any place of public resort or within any private quarters. Excluded from this definition are any persons employed by any business, agency or person excluded from the definition of "escort service" above.

"Person" shall mean an individual, firm, partnership, joint venture, association, social club, fraternal organization joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit, excepting the United States of America, the State of California, and any political subdivision thereof.

"Operator" shall mean any person operating an escort service, including but not limited to the owner or proprietor of the premises upon which it is located, and the lessee, sublessee, or mortgagee in possession.

"Employee" shall mean any and all persons who work in or about or render services whatsoever to the patrons or customers of an escort service and who receive compensation for such service.

(Ord. No. 1116, § 1)

8-8.2 Permit Required. It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on in the City of Novato, the operation of an escort service as herein defined, without first having obtained a permit from the chief of police.

(Ord. No. 1116, § 1)

8-8.3 Filing Fee. Every person desiring a permit to maintain, operate or conduct an escort service shall file an application with the chief of police upon a form provided by said chief of police and pay a filing fee which shall not be refundable.

(Ord. No. 1116, § 1)

8-8.4 Application for Escort Service Permit. The application for a permit to operate an escort service shall set forth the proposed place of business and facilities therefor and the name and present address of each applicant.

In addition to the foregoing, any applicant for a permit shall furnish the following information or documents about the applicant if he is an individual, about each director and officer if it is a corporation, about each partner if it is a partnership, or about each member if it is some other organization as listed in subsection 8- 8.lc:

The present address and the two previous addresses immediately prior to the present address;

Written proof that each person is at least 18 years of age;

Height, weight, color of eyes and hair;

Three portrait photographs at least two inches by two inches (2″ × 2″);

Business occupation, or employment for the three years immediately preceding the date of application;

A listing of all criminal convictions except minor traffic violations including date and place of each such conviction;

If the applicant is a corporation, the name of the corporation exactly as shown in its articles of incorporation together with the names and residence addresses of each stockholder holding more than ten percent of the stock or beneficial ownership of the corporation. (If one or more of the partners of applicant is a corporation, these provisions apply to corporate applicant);

Whether applicant or each person of whom the above information is required or any other person who will be directly engaged in the management or operation of the escort service has been previously granted permits or licenses to engage in a business or occupation by the State of California or by the City of Novato, or a license or permit issued by the Alcoholic Beverage Control Commission, any of which permits or licenses has/have been revoked by the panting authority because of violation of law or violation of rules promulgated by the regulating agency. (The chief of police shall not take into account such revocation If such revocation occurred at least three years prior to the date of the application); and

Such other identification and information necessary to discover the truth of the matters hereinbefore specified as required to be set forth in the application.

Nothing contained herein shall be construed to deny to the chief of police the right to take the fingerprints and additional photographs of the applicant, its officers, directors, or partners nor shall anything contained herein be construed to deny the right of said chief of police to confirm, by independent investigation, the truth and accuracy of the above information.

(Ord. No. 1116, § 1)

8-8.5 Employee Permit Required. It shall be unlawful for any escort or other employee to work in or about an escort service in the City of Novato or to perform any services in the City of Novato for a customer of an escort service wherever located without first securing a permit from the chief of police.

(Ord. No. 1116, § 1)

8-8.6 Employee Permit. Every person desiring an employee permit shall file an application with the chief of police on a form provided by said chief of police and pay a filing fee which shall not be refundable. Every person now working as an escort or employee shall file for a permit within 30 days of the effective date of this section.

(Ord. No. 1116, § 1)

8-8.7 Application for Employee of an Escort Service. The employee of an escort service filing for a permit shall furnish the following information:

Name;

Residence address;

Escort service in which the employee is currently working;

Two previous addresses immediately prior to the present address of the employee;

Weight, height, color of eye and hair;

Written proof that employee is at least 18 years of age;

Three portrait photographs of at least two inches by two inches (2″ x 2″);

Previous employment of the employee for three years immediately preceding the date of application;

All criminal convictions except minor traffic violations including date and place of each such conviction;

Such other identification and information necessary to discover the truth of the matters hereinbefore specified; and

Whether employee has been previously granted permits or licenses to engage in a business or occupation by the State of California or the City of Novato, any of which permits or licenses has/have been revoked by the granting authority.

Nothing contained herein shall be construed to deny the chief of police the right to take the fingerprints and additional photographs of the applicant, nor shall anything contained herein be construed to deny the right of said chief of police to confirm, by independent investigation, the truth and accuracy of the above information.

(Ord. No. 1116, § 1)

8-8.8 Corporate Applicants; Exemption. The provisions of paragraphs a., b., c., d., e. and f. of subsection 8-8.4 relating to requirements for corporate applicants shall not apply to any of the following:

A corporation, the stock of which is listed on a stock exchange in the State of California or the City of New York, State of New York;

A bank, trust company, financial institution or title company to which application is made or to whom a license is issued in a fiduciary capacity; and

A corporation which is required by law to file periodic reports with the Securities and Exchange Commission.

(Ord. No. 1116, § 1)

8-8.9 Corporate Permittee; Maintenance of Stock Register; Report.

A corporation holding a permit under this section shall maintain a stock register at the principal office of the corporation in Novato and the stock register shall be available to the police department for inspection. Such corporation shall report to the department in writing any of the following:

Issuance or transfer of any shares of stock or beneficial ownership thereof to any person where the issuance or transfer results in the person owning ten percent or more of the stock or beneficial ownership of the corporation.

Changes of any of the corporate officers.

Changes of the members of its board of directors.

The report shall be filed with the police department within 30 days after the issuance or transfer of corporate stock or beneficial ownership thereof, changes of corporate officers, or changes of members of the board of directors.

The provisions of this section shall not apply to any of the following:

A corporation, the stock of which is listed on a stock exchange in the State of California or the City of New York, State of New York;

A bank, trust company, financial institution or title company to which a permit is issued in a fiduciary capacity; or

A corporation which is required by law to file periodic reports with the Securities and Exchange Commission.

(Ord. No. 1116, § 1)

8-8.10 Issuance of Permit for an Escort Service. The chief of police shall issue an escort service permit within 30 days following submission of a complete application if all requirements for an escort service described in this section are met unless he finds:

That the operation as proposed by the applicant if permitted would not have complied with all applicable laws, including, but not limited to, the Building, City Planning, Housing and Fire Codes of the City of Novato;

That the applicant or an officer, director or partner thereof and any other person who will be directly engaged in the management and operation of an escort service has been convicted of an offense within or without the State of California that would have constituted any of the following offenses if committed within the State of California:

An offense involving conduct which requires registration pursuant to Section 290 of the Penal Code;

An offense involving the use of force and violence upon the person of another;

An offense involving sexual misconduct with children; or

An offense as defined in Sections 647(a), 647a, 647(b), 315, 316, 318, or 266 through 267 inclusive of the Penal Code of the State of California; or

That the applicant, an officer, director or partner thereof or any other person who will be directly engaged in the management and operation of the escort service has had a permit or license to engage in a business or occupation granted by the State of California or the City of Novato or a license or permit issued by the Alcohol Beverage Control Commission revoked by the granting authority.

The chief of police shall issue a permit to any person convicted of any of the crimes described in paragraphs b,1.; b,2.; b,3.; or b,4. of this subsection or subjected to a license or permit revocation as described in paragraph c. of this subsection if he finds that the termination of any disability resulting from such conviction or revocation occurred at least three years prior to the date of the application and the applicant, Its officers, directors and partners have had no subsequent felony convictions of any nature, no subsequent misdemeanor convictions for crimes mentioned in this subsection and no permit or license revocations as mentioned in paragraph c. of this subsection.

(Ord. No. 1116, § 1)

8-8.11 Applications Barred for One Year. Whenever any application is filed for a permit under this section and said application has been denied by the chief of police, or a permit issued under this section has been revoked, and no appeal has been taken to the city council or when any appeal from such denial or revocation has been taken to the city council and the council has concurred in the judgment or order of denial or revocation, said application for said permit, or for a like permit for the same location or by the same applicant shall not be heard by the chief of police until the expiration of one year from the date of the previous denial or revocation of said permit or application and there shall be no appeal to the city council for failure or refusal to

hear any such application or appeal within said one year period. For the purposes of this section, "same applicant" shall mean a corporation having substantially the same shareholders as a prior corporate applicant, or a partnership having substantially the same membership as a prior partnership applicant; furthermore, "same applicant" shall mean any officer, director, shareholder or partner of a prior corporate or partnership applicant.

(Ord. No. 1116, § 1)

8-8.12 Issuance of Employee Permits. The chief of police shall issue an employee permit within 30 days following submission of a complete application, unless he finds that the applicant has had a permit or license to engage in a business or occupation granted by the State of California or the City of Novato or a permit or license granted by the Alcoholic Beverage Control Commission revoked by the granting authority or that the applicant has been convicted of any of the following offenses, or convicted of an offense within or without the State which would have constituted any of the following offenses if committed within the State of California:

An offense involving conduct which requires registration pursuant to Section 290 of the Penal Code;

An offense involving the use of force and violence on the person of another;

An offense involving sexual misconduct with children; or

An offense as defined in Section 647(a), 647a, 647(b), 315, 316, 318 or 266 through 267, inclusive, of the Penal Code of the State of California.

The chief of police shall issue a permit to any person subjected to a revocation as described in this subsection or to any person convicted of any of the crimes enumerated in paragraphs a., b., c. or d. of this subsection if he finds that the termination of any disability resulting from such conviction or revocation occurred at least three years prior to the date of the application and the applicant has had no subsequent felony convictions of any nature, no subsequent misdemeanor convictions for crimes mentioned in this subsection and no subsequent permit revocation mentioned in this subsection.

(Ord. No. 1116, § 1)

8-8.13 Revocation or Suspension of Permit.

Any permit issued for an escort service may be revoked or suspended by the chief of police after a hearing before the chief of police or his designee where it is found that:

The permittee has violated any provision of this section; has knowingly allowed any employee of the permittee to violate any provision of this section; or

The permittee has failed to correct a violation of this section or other applicable laws after being notified of the violation by the city; or

The permittee has knowingly allowed a person to work as an employee of the permittee who does not have a valid employee permit issued by the city; or

Information contained in the permittee's permit application, or supplemental information requested from the applicant, is found to be false in any material detail.

The permittee has committed an act which would have constituted grounds for permit denial under subsection 8-8.10.

Any employee permit may be revoked or suspended after a hearing before the chief of police or his designee where it is found that:

The employee has committed an act which would have constituted grounds for permit denial under subsection 8-8.12;

The employee knowingly violated any provision of this section;

Information contained in the employee's permit application, or supplemental information requested from the employee is found to be false in any material detail.

(Ord. No. 1116, § 1)

8-8.14 Employment of Persons Under the Age of Eighteen Prohibited. It shall be unlawful for any owner, proprietor, manager or other person In charge of any escort service to employ any person who is not at least 18 years of age.

(Ord. No. 1116, § 1)

8-8.15 Age of Customer. It shall be unlawful for any owner, proprietor, manager or other person in charge of an escort service to allow any person under the age of 18 years to patronize an escort service as a customer or

patron.

(Ord. No. 1116, § 1)

8-8.16 Sale or Transfer. Upon sale, transfer or relocation of an escort service, the permit and license therefor shall be null and void unless approved as provided in subsection 8-8.18 herein; provided, however, that upon the death or incapacity of the permittee, the escort service may continue in business for a reasonable period of time to allow for an orderly transfer of the permit.

If the permittee is a corporation, a transfer of 25 percent of the stock ownership of the permittee will be deemed to be a sale or transfer and the permit and license therefor shall be null and void unless approved as provided in subsection 8-8.18 herein; provided, however, that the provision shall not apply to a permittee corporation, the stock of which is listed on a stock exchange in this State or in the City of New York, State of New York, or which is required by law to file periodic reports with the Security and Exchange Commission.

(Ord. No. 1116, § 1)

8-8.17 Name and Place of Business — Change of Location. No person granted a permit pursuant to this section shall operate under any name or conduct his business under any designation for any location not specified in his permit.

(Ord. No. 1116, § 1)

8-8.18 Transfer or Assignment of Permit. No permit shall be transferred or assigned except with the written consent of the chief of police. An application for such a transfer shall be in writing and shall be accompanied by the same filing fee as for an initial application. The written application for such transfer shall contain the same information as required herein for an initial application for such a permit.

(Ord. No. 1116, § 1)

8-8.19 Penalty. Any person who violates any provision of this section shall be deemed guilty of an infraction and shall be punishable as stated in Chapter I, subsection 1-5.1.

(Ord. No. 1116, § 1)

8-8.20 Penalty; Limited Suspension or Revocation. Any permit issued under the terms of this section may be suspended for a period of 30 days or revoked by the chief of police if the chief of police deems, after a noticed hearing, that violations as enumerated in subsection 8-8.13 have occurred. The hearing shall be on twenty days mailed written notice to the permittee providing the time, date and place of hearing, and shall specify the violations. Service of the notice shall be deemed complete upon deposit in a regular mail facility, in a sealed envelope, with postage paid, addressed to the permittee, at the address of the escort service.

(Ord. No. 1116, § 1)

8-8.21 Appeal. If the chief of police denies an application for an escort service or an employee permit, or revokes or suspends a permit, any interested party may appeal the denial, revocation or suspension to the Novato City Council. Notice of such appeal by the applicant shall be filed with the city clerk within ten days after notice of denial, revocation or suspension. If no appeal is filed, the action of the chief of police will be final. If an appeal is filed, the city council shall hold a hearing and may affirm or overrule the denial, revocation or suspension of the chief of police.

(Ord. No. 1116, § 1)

8-8.22 Time Limit for Obtaining Permit. All premises required to obtain a permit and license pursuant to this section must obtain a permit within 60 days of the effective date of this section.* Failure to do so shall make continued operation of said escort service a violation of subsection 8-8.2.

(Ord. No. 1116, § 1)

* Editor's Note: Ordinance No. 1116 was finally passed and adopted on May 20, 1986 and became effective on June 19, 1986.

8-9 - Permits for Motion Picture and Television Production.

8-9.1 Title of Section. This section shall be known and may be cited as the Novato Film Permit Ordinance.

(Ord. No. 1225, § 1)

8-9.2 Purpose of Section. It is the purpose of this section to provide for rules governing the issuance of permits for filming activities on location within the city. The intent of this section is to ensure that motion picture, television, commercial and filming companies will be encouraged to use locations for filming activities within the city so long as those activities are consistent with the public health and safety and the protection of property.

(Ord. No. 1225, § 1)

8-9.3 Definitions.

"City Manager" shall mean the city manager of the City of Novato or his designee.

"Chief of Police" shall mean the chief of police or his authorized deputy.

"Filming Activity" shall mean the filming, videotaping, photographing, or other similar process conducted for the making of commercial motion pictures, television commercial production, television programs and no theatrical film productions on any public or private property, facility or residence.

"Film Permit" shall mean a permit issued in accordance with this section.

"News Purposes" shall mean a filming activity conducted for the purpose of reporting on persons or events which are in the news for television and other news services.

"Studio" shall mean a fixed place of business where filming activities are regularly conducted upon the premises.

(Ord. No. 1225, § 1; Ord. No. 1241, § 2)

8-9.4 Permit Required. It shall be unlawful to conduct a filming activity as defined in subsection 8-9.3c without first obtaining a film permit from the chief of police.

(Ord. No. 1225, § 1; Ord. No. 1241, § 1)

8-9.5 Permit Exemptions. The provisions of this section shall not apply to any of the following activities:

Film activities conducted for news purposes as defined in subsection 8-9.3e.

Filming activities conducted in a studio as defined in subsection 8-9.3f.

Filming activities conducted for use in a criminal investigation or civil court or criminal proceeding.

(Ord. No. 1225, § 1)

8-9.6 Deadline for Filing Permit Application.

Any person applying for a film permit hereunder shall file an application for such permit not less than five days in advance of the proposed filming activity where the filming activity requires or involves traffic control, special effects on streets, the application must be filed not less than seven days in advance, and where road closures are involved, not less than ten days in advance.

Application deadlines may be waived for good cause by the city manager if there is sufficient time remaining to process the application, and for the city to prepare for the requested filming activity.

(Ord. No. 1225, § 1; Ord No. 1241, § 3)

8-9.7 Application Form. Permit application shall be on a form furnished by the chief of police. Such form shall be a standardized permit application form provided by the California Film Commission and shall request the following information:

Name, business address and telephone number of applicant.

Location maps and daily time charts for proposed filming activity including hours and dates such activity will transpire.

Description of scenes to be filmed including details of any stunts, animals, chase scenes, pyrotechnics, special effects, and number of people used for a particular scene.

The name, address and telephone number of person(s) in charge on location and exact number of personnel involved.

Description of all vehicles and the time during which they will be parked on city streets or used during filming activities and a parking plan.

A traffic operations plan if public traffic flow is to be altered for the filming operations. The plan shall be prepared by the permit applicant and shall be subject to approval by the city engineer.

Such other information as the police department and/or city engineer may reasonably require to determine whether or not to grant a film permit pursuant to this section.

Telephone call application may be submitted by the FAX process.

(Ord. No. 1225, § 1)

8-9.8 Permit Approval/Denial.

The film permit shall be approved by the chief of police unless he determines from consideration of the application or other pertinent information, that any of the following conditions exist:

The filming activity will substantially disrupt the use of a street at a time when it is usually subject to traffic congestion, or interfere with the operation of emergency vehicles in the proposed permit area.

The location of the filming activity will substantially interfere with street maintenance work, or a previously authorized excavation permit.

The proposed permit location is on city-owned property and the filming activity will substantially interfere with municipal functions, or other previously authorized activities on city property.

The filming activity creates a substantial risk of injury to persons or property, or is particularly disruptive to a neighborhood.

The applicant failed to create the application after being requested to do so, or the information contained in the application is found to be false in any material detail.

The particular filming activity would violate federal, state or local law including license/permit requirements.

When the ground for permit denial can be eliminated by imposing reasonable permit conditions, the chief of police may impose such conditions rather than deny the permit.

(Ord. No. 1225, § 1)

8-9.9 Permit Conditions. In some cases the filming activity may result in an unreasonable inconvenience to the public and to emergency services in the use of a public street. Factors such as time of day, detour plans, and special traffic control plans may mitigate the effects of filming on city streets. The film permit may be conditioned on applicants complying with the special requirements including, but not limited to the following:

Requirements for the presence of Novato Police Department, Fire Department or Community Development employees at the applicant's expense.

Requirements of a traffic operations plan. All traffic shall be positively guided and/or controlled in compliance with the State Traffic Manual. The plan shall ensure that adequate signs and traffic control personnel will be available and be implemented during the times traffic disruption occurs. The plan shall also provide for advance (48 hour minimum) notice to fire and police departments and school district bus dispatcher and Golden Gate Transit.

Restrictions on the use of gunfire, explosions, and other noise-creating or hazardous devices.

Restriction on the hours of filming.

Requirements concerning adequate notice to affected property owners.

The encroachment permit from the city engineer will be required for work or activity which will take place within the public right-of-way which would cause destruction of or injury to any city facilities or property such as streets, sidewalks, signals, trees, etc.

When such activity is planned the encroachment permit shall be obtained before issuing of the film permit in accordance with section 15-2 of the city code. All other activities not causing damage to city facilities will be covered by the film permit and no encroachment permit will be required.

(Ord. No. 1225, § 1; Ord. No. 1241, § 4)

8-9.10 Fees.

A permit application processing fee in an amount established by city council resolution and shall be paid by the applicant at the time the application is filed.

A schedule of fees for city services and use of city property shall be established by city council resolution. The applicant shall prepay such fees prior to issuance of the film permit.

Charitable and nonprofit organizations shall be exempt from payment of all fees imposed by this section.

(Ord. No. 1225, § 1)

8-9.11 Change of Filming Date. Upon the request of the applicant, the issuing authority shall have the power, upon a showing of good cause, to change the date for which the permit has been issued, provided time and location designations are comparable with those approved for the initial permit.

(Ord. No. 1225, § 1)

8-9.12 Insurance.

The applicant for a film permit must possess or obtain liability insurance to protect against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the filming activity. Such insurance shall name on the policy or by endorsement as insureds the City of Novato, its officers, employees and agents. Insurance coverage must be maintained for the duration of the filming activity.

Coverage shall be provided by a Comprehensive General Liability Insurance Policy in the amount prescribed by city council resolution. The insurance coverage afforded by the policy shall provide at a minimum the equivalent of insurance coverage provided by Insurance Service Office (ISO) Comprehensive General Liability Insurance coverage.

Proof of insurance coverage as specified in paragraph a above must be provided by the applicant and approval by the city prior to issuance of a film permit by the chief of police.

(Ord. No. 1225, § 1)

8-9.13 Indemnification Agreement. Prior to the issuance of a film permit, the permit applicant and authorized officer of the sponsoring organization (if any) must sign an agreement to reimburse the city for any costs incurred by it in repairing damage to city property occurring in connection with the permitted event proximately caused by the actions of the permittee/sponsoring organization, its officers, employees or agents, or any person who was, under the permittee's/sponsoring organization's control insofar as permitted by law. The agreement shall also provide that the permittee/sponsoring organization shall defend the city against, and indemnify and hold harmless from, any liability to any persons resulting from any damage or injury occurring in connection with the permitted event proximately caused by the actions of the permit/sponsoring organization, its officers, employees or agents, or any person who was under the permittee's sponsoring organization's control insofar as permitted by law.

(Ord. No. 1225, § 1)

8-9.14 Duties of Permittee.

Each permittee shall comply with all terms and conditions of the permit. Failure to comply with all permit terms and conditions is grounds for permit revocation by the chief of police.

Each permittee shall clean and restore all city-owned property utilized during the filming activity to the same condition as existed prior to the filming.

The person in charge of the filming activity shall retain a copy of the film permit on location at all times.

When a minor modification of the permit is necessary, the applicant shall apply for a permit rider, and state the reasons for changes and the nature of the requested change. A permit cannot be extended or amended by rider after the completion of the filming activity.

(Ord. No. 1225, § 1)

8-9.15 Appeal Procedure.

The applicant shall have the right to appeal the denial of a permit or a permit condition. The applicant shall also have the right to appeal the amount of fees, of cleanup deposits imposed pursuant to City Council Resolution, or a determination by the city that the applicant's insurance policy does not comply with the requirements

specified in subsection 8-9.12. A notice of appeal shall be filed with the city clerk within five days after mailing or personal delivery of a notice of denial or of permit condition, setting the grounds for the appeal. The appeal must be filed no later than noon, one calendar week preceding a city council meeting, to be placed on the next regular meeting's agenda. The city council shall hear the applicant or a designated representative, receive any relevant information and documents, and act on the appeal at its next regular meeting. The decision of the city council is final.

If there is insufficient time for a timely appeal to be heard by the city council prior to the date on which the event is scheduled, the applicant may, at his option, request that the city clerk schedule the appeal before the city manager. The city manager or his/her designee shall hold a hearing no later than two business days after the filing of the appeal, and will render his/her decision no later than one business day after hearing the appeal. If the appeal is heard before the city manager, the city manager's decision is final.

(Ord. No. 1225, § 1)

8-9.16 Penalties. Any persons, firm or corporation, whether as principal, agent, employee, or otherwise, violating any of the provisions of this section shall be deemed guilty of an infraction and, upon conviction, shall be punished as specified in subsection 1-5.1. Such violations may also be addressed in a civil action.

(Ord. No. 1225, § 1)

8-10 - Regulation of State Video Franchise Holders.

8-10.1. Purpose and Authority. This chapter implements the Digital Infrastructure and Video Competition Act of 2006 (the "Act"; AB2987), as set forth at Public Utilities Code § 5800 and following. The Act creates a process for the state, rather than local cities and counties, to grant video service franchises. It will be administered by the California Public Utilities Commission (CPUC). Under the Act, some authority is retained by local cities and counties, and the purpose of this Chapter is to implement that local authority in the City.

8-10.2. Definitions.

The terms video service, video franchise and holder shall have the same meaning as those terms are defined in CPUC § 5830.

Gross revenue has the meaning set forth in CPUC § 5860(d).

Terms not defined here shall have the same meaning as established in (in order of priority): (1) the CPUC; (2) commission rules implementing the CPUC; and (3) Title 47 United States Code.

8-10.3. State Video Franchise Applications.

Copy of application to City. An applicant for a state video franchise within the City must concurrently provide a complete copy to the City Manager of any application or amendments to an application filed with the CPUC. (CPUC § 5840(n))

City Manager comments to CPUC. Within 30 days of receipt, the City Manager will provide any appropriate comments to the CPUC regarding an application or an amendment to an application for a state video franchise.

8-10.4 State Video Franchise Fee. For any state video franchise holder operating within the boundaries of the City, there shall be a fee paid to the City equal to five percent of the gross revenues derived from the operation of its franchise within the City. (CPUC § 5840(q)) A state video franchise holder shall pay the franchise fee to the City quarterly, within 45 days after the end of each calendar quarter. Each payment shall be accompanied by a summary explaining the basis for the calculation of the fee.

8-10.5 PEG Channel Capacity and Support.

PEG Channel Capacity.

(1)

A state franchisee shall designate and activate no fewer than three Public, Education and Government ("PEG") channels on its network. The state franchisee shall designate and activate the PEG channels within three months from the date that the state franchisee receives a state franchise to provide video service in an area including the City, provided, however, that this three-month period shall be tolled for such a period, and only for such a period, during which the state franchisee's ability to designate or provide such PEG capacity is technically infeasible, as provided in Section 5870(a) of the California Public Utilities Code.

(2)

Pursuant to Section 5870(b) a state franchisee shall ensure that to the extent feasible, the PEG channels are not separated numerically from other channels carried on the basic service tier and the channel numbers for the PEG channels shall be the same channel numbers used by the incumbent cable operator. After the initial designation of PEG channel numbers, the channel numbers shall not be changed without the agreement of the City Manager unless the change is required by federal law. Each PEG channel must be capable of carrying a National Television System Committee (NTSC) television signal.

(3)

A state franchisee shall provide an additional PEG channel when the standards set forth in Section 5870(d) of the California Public Utilities Code are satisfied by the City or any entity designated by the City to be responsible for PEG access channel capacity and support.

PEG Support.

(1)

Every state franchisee and cable operator operating within the jurisdictional boundaries of the City, either currently or in the future, shall pay a PEG support fee to the City in an amount equal to two percent of its gross revenues.

(2)

The PEG support fee shall be used by the City for PEG purposes consistent with state and federal law.

(3)

A state franchisee shall remit the PEG support fee to the City quarterly within 45 days after the end of each calendar quarter. Each payment shall be accompanied by a summary explaining the basis for the calculation of the PEG support fee.

(4)

If a state franchisee fails to pay the PEG support fee, when due, or underpays the proper amount due, the state franchisee shall pay a late payment charge at an annual interest rate equal to the highest prime lending rate during the period of delinquency, plus one percent or the highest rate allowed by California law, whichever is lower.

PEG Carriage and Interconnection. State franchisees shall ensure that all PEG channels are receivable by all subscribers, whether they receive digital or analog service, or a combination thereof, without the need for any equipment other than that needed to receive the lowest cost tier of service. PEG access capacity provided by a state franchisee shall be of similar quality and functionality to that offered by commercial channels on the state franchisee's lowest cost tier of service unless the PEG signal is provided to the state franchisee at a lower quality or with less functionality.

8-10.6 Customer Service Penalties.

Compliance with customer service and protection standards. The holder of a state video franchise shall comply with all applicable state and federal customer service and protection standards pertaining to the provision of video service in the City. (CPUC § 5900(a) and (b))

City monitoring; Notice of violation; Penalties. The City Manager shall monitor the compliance of state video franchise holders with respect to state and federal customer service and protection standards. The City Manager will provide the state video franchise holder written notice of any material breaches of applicable customer service standards, and will allow the state video franchise holder 30 days from the receipt of the notice to remedy the specified material breach. A material breach not remedied within the 30-day time period will be subject to the following City penalties:

(1)

For the first occurrence of a violation, a fine of five hundred ($500.00) dollars shall be imposed for each day the violation remains in effect, not to exceed one thousand five hundred ($1,500.00) dollars for each violation.

(2)

For a second violation of the same nature within 12 months, a fine of one thousand ($1,000.00) dollars shall be imposed for each day the violation remains in effect, not to exceed three thousand ($3,000.00) dollars for each violation.

(3)

For a third or further violation of the same nature within 12 months, a fine of two thousand five hundred ($2,500.00) dollars shall be imposed for each day the violation remains in effect, not to exceed seven thousand five hundred ($7,500.00) dollars for each violation. (CPUC § 5900(c) and (d))

Appeal. A state video franchise holder may appeal a penalty assessed by the City Manager to the City Council within 60 days of the initial assessment. The City Council shall set the matter for hearing, and hear all evidence and relevant testimony. The City Council may uphold, modify or vacate the penalty. The City Council's decision on the imposition of a penalty is final.

8-10.7 Public Rights-of-Way.

A state video franchise holder is required to obtain an encroachment permit from the City before constructing, operating, maintaining or repairing its facilities within the public right-of-way.

The City shall either approve or deny an encroachment permit application within 60 days of receiving a completed application. An application is considered complete when the applicant has complied with all statutory requirements, including the California Environmental Quality Act (Pub. Res. Code § 21000 and following).

If the City denies the encroachment permit, it shall provide the applicant with a detailed explanation of the reason for the denial. A determination regarding the encroachment permit by the City Manager, may be appealed. (CPUC §§ 5830(o), 5840(e) and 5885(c))

(Ord. No. 1535, § 1, 8-12-2008)

8-10.8 Reauthorization of Ordinance Establishing PEG Fees. Pursuant to the authority provided under Public Utilities Code Section 5870(n), Ordinance Number 1535 implementing PEG support fees is hereby reauthorized as to any state franchise which has expired as of the effective date of this ordinance [Ord. No. 1630], or will expire at any time thereafter.

(Ord. No. 1630, § 2, 12-12-2017)

8-11 - Licensing of Commercial Cannabis Businesses.

8-11.05 Title. This section shall be known as the "Urgency Licensing of Commercial Cannabis Businesses" ordinance. (Ord. No. 1655, § II, 11-12-2019; Ord. No. 1657, § 1, 11-12-2019)

8-11.1 Purpose and Intent. It is the purpose and intent of this section to implement the provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA") to accommodate the needs of medically ill persons in need of, and provide access to, cannabis for medicinal purposes as recommended by their health care provider(s), and to provide adult use (recreational) access to persons over the age of 21 as authorized by the Control, Tax & Regulate the Adult Use Cannabis Act ("AUMA" or "Proposition 64" passed by California voters in 2016), while imposing sensible regulations on the use of land to protect the City's residents, neighborhoods and businesses from disproportionately negative impacts. As such, it is the purpose and intent of this section to regulate the cultivation, processing, manufacturing, testing, sale, delivery, distribution and transportation of cannabis and cannabis products in a responsible manner to protect the health, safety, and welfare of the residents of the City of Novato and to enforce rules and regulations consistent with state law. It is the further purpose and intent of this section to require all commercial cannabis operators to obtain and bi- annually renew a permit to operate within the City of Novato. Nothing in this section is intended to authorize the possession, use or provision of cannabis for purposes that violate state or federal law. The provisions of this section are in addition to any other permits, licenses and approvals which may be required to conduct business in the city, and are in addition to any permits, licenses and approval required under state, city or other law. (Ord. No. 1655, § II, 11-12-2019; Ord. No. 1657, § 1, 11-12-2019)

8-11.2 Legal Authority. Pursuant to Section 7 of Article XI of the California Constitution, the provisions of MAUCRSA, any subsequent state legislation and/or regulations regarding same, the City of Novato is authorized to adopt ordinances that establish standards, requirements and regulations for the licensing and permitting of commercial cannabis activity. Any standards, requirements, and regulations regarding health and safety, security, and worker protections from time to time established by the State of California, or any of its departments or divisions, shall be the minimum standards applicable in the City of Novato to all commercial cannabis activity. (Ord. No. 1655, § II, 11-12-2019; Ord. No. 1657, § 1, 11-12-2019)

8-11.3 Cannabis Cultivation and Commercial Cannabis Activities Prohibited Unless Specifically Authorized by this Section. Except as specifically authorized in this section, the commercial cultivation, manufacture, processing, storing, laboratory testing, labeling, sale, delivery, distribution or transportation (other than as provided under Business & Professions Code Section 26090(e)), of cannabis or cannabis product is expressly prohibited in the City of Novato. In addition to the requirements of this section, section 19.12.030 and section 19.34.066, commercial cannabis uses shall comply with all other applicable provisions of the City of Novato's General Plan and the Municipal Code ("code"). Except for hospitals and research facilities that obtain written permission for cannabis cultivation under federal law, it is unlawful to cultivate, distribute, manufacture, test or transport cannabis, in amounts that exceed personal use allowances under California law, within the city without a valid license issued pursuant to the provisions of this section and all requirements of Sections