Oakland Municipal Code Ch. 5.58 School Stores

The purpose of this chapter is to safeguard the health, safety and moral welfare of school children by the regulation of the operation of school stores so that in such stores school children will not be exposed to or associate with lawless, immoral or irresponsible persons who cause or tend to encourage delinquent behavior.

(Prior code § 5-19.00)

For the purposes of this chapter:

"Employee" means and shall be construed as any and all persons engaged in the operation, conduct, or maintenance of any school store, whether as owner, any member of the owner's family, partner, agent, manager, solicitor, and any and all other persons employed or working in said store or serving the patrons thereof, whether for hire or otherwise.

"School store" means and shall be construed as any store or premises in, or upon which, during the usual hours of daily school attendance, there is offered for sale or sold primarily to school children any goods, articles, merchandise, food, drink or other commodities, or in, or upon which, is provided or made available primarily for school children facilities or services, or which otherwise caters primarily to school children as clientele or patrons or customers. The phrase "usual hours of daily school attendance" shall be deemed to include the hours immediately before and after school.

(Prior code §§ 5-19.01, 5-19.02)

It is unlawful for any person to own, conduct, operate or maintain or to participate therein, or to cause or permit to be conducted, operated or maintained, any school store in the city unless there exists a valid police permit therefor, granted and issued in compliance with the provisions of this chapter. The application for such permit shall set forth and meet the requirements specified in Section 5.02.020 and shall be made to the Chief of Police.

(Prior code § 5-19.03)

The Chief of Police shall issue a school store permit if he or she is satisfied as to the moral character and fitness of the applicant and employees, if any. In the granting or denying of such permit, the Chief of Police shall give particular consideration to the health, safety and moral welfare of the school children of the community. Such permit shall be transferable only as permitted by the provisions of Section 5.02.070, and may be revoked or suspended by the Chief of Police as in his or her discretion may seem meet and just, for any reason for which the granting of such permit might be lawfully denied, or for any other reason specifically provided in this title. Such revocation or suspension shall be made only upon a hearing granted to the holder of the permit, held before the Chief of Police or his or her designated subordinate after five days' notice to the permit holder, stating the time and place of the hearing, and in general terms the basis for the proposed revocation or suspension. An application for such permit must be denied if any applicant or employee shall be found to have a record of prior conviction of any public offense involving juveniles, morals, liquor, or narcotics; this mandatory denial for prior conviction of listed offenses shall not be construed to limit the authority of the Chief of Police to consider a prior conviction of other offenses by applicant or employees, if any, in making his or her determination of moral character or fitness in the issuance of a permit.

(Prior code § 5-19.04)

The Chief of Police is authorized to supervise and regulate school stores as defined in Section 5.58.020.

(Prior code § 5-19.05)

Every person having a school store permit shall forthwith file with the Chief of Police a report of the name and address of each person employed by him or her and shall thereafter immediately notify the Chief of Police of the name and address of each person leaving his or her employ and each additional person hired or working in the store.

(Prior code § 5-19.06)