Orange County Municipal Code Art. 2 Licenses or Permits Required

Footnotes:

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Editor's note— Ord. No. 05-020, § 2, adopted November 22, 2005, amended the Code by changing the title of Art. 2. Formerly, Art. 2 was entitled "Licenses Required."

It shall be unlawful for any person, firm or corporation to engage in, conduct, manage or carry on any of the following businesses, practices, professions or occupations within the unincorporated area of the County of Orange without first having obtained a permit or license therefor in accordance with Divisions 2 and 3 of this title. It shall also be unlawful for any person, firm or corporation to engage in, conduct, manage or carry on animal exhibitions, animal rental establishments, commercial stables, grooming parlors, kennels or pet shops within cities that have contracted with the County for animal care services without first having obtained a permit or license from the County in accordance with Divisions 2 and 3 of this title.

(a) Animal exhibition;

(b) Animal rental establishment;

(c) Bingo games;

(d) Business solicitor or canvasser;

(e) Coin-currency dealer;

(f) Commercial motion picture productions, television productions and still photography;

(g) Commercial stable;

(h) Grooming parlor;

(i) Kennel;

(j) Junk collector or dealer;

(k) Mobile X-ray unit operator;

(l) Peddler;

(m) Pet shop;

(n) Poolroom;

(o) Massage establishment or technician;

(p) Public dance;

(q) Retail sale of concealable firearms;

(r) Secondhand dealer;

(s) Security system or security officer;

(t) Show;

(u) Taxicabs;

(v) Figure model studio and figure models;

(w) Dance studio and dance instructors;

(x) Escort, escort bureau and introductory services.

(Code 1961, § 51.021; Ord. No. 2824, § 1, 3-18-75; Ord. No. 2836, § 13, 5-6-75; Ord. No. 2908, § 1, 5-4-76; Ord. No. 2935, § 2, 9-21-76; Ord. No. 2974, § 1, 4-6-77; Ord. No. 3022, § 1, 12-13-77; Ord. No. 3037, § 1, 2-14-78; Ord. No. 3203, § 3, 15-7-80; Ord. No. 3363, § 5, 1-11-83; Ord. No. 98-15, § 54, 12-8-98; Ord. No. 05-020, § 3, 11-22-05; Ord. No. 12-030, 9-11-12)

This title shall apply to each and every business, trade, occupation, profession or practice herein enumerated and conducted in the unincorporated area of Orange County, whether carried on individually or in conjunction with any other activity.

(Code 1961, § 51.022)

(a) Notwithstanding any other provision of this Code, no permit, license or other discretionary approval will be issued by the County of Orange, pursuant to any applicable section of the Orange County Codified Ordinances, or otherwise, that would permit the sale, distribution, commercial cultivation, manufacturing, and testing of cannabis or any other controlled substances, as defined herein, under local, state or federal law or which is illegal to sell or distribute under local, state or federal law.

(b) This section does not prohibit the issuance of permits, licenses, or approvals, which are otherwise expressly permitted under local, state or federal law.

(c) For the purposes of Sections 5-1-31 through 5-1-33 of this Code, the term "cannabis" shall have the same meaning as set forth in Section 7-9-103 of this Code, and as set forth in California Business and Professions Code section 26001, and shall mean "marijuana" as set forth in California Health and Safety Code Section 11018 and shall apply to cannabis used for any purpose, including medical.

(d) For the purposes of Sections 5-1-31 through 5-1-33 of this Code, the term "controlled substance(s)" shall mean any drug or chemical substance whose possession and use are illegal under local, state or federal law.

(Ord. No. 10-018, § 1, 12-7-10; Ord. No. 17-010, § 2, 12-5-17; Ord. No. 26-002, § 2, 2-24-26)

(a) No person shall operate, maintain, conduct, facilitate, or permit any business, activity, or use involving the sale, distribution, commercial cultivation, manufacturing, and testing of cannabis or any other controlled substances, as defined in section 5-1-31(c) of this Code, under local, state or federal law or which is illegal to sell or distribute under local, state or federal law.

(b) In addition to any penalties set forth in section 1-1-34 of this Code, violation of this section shall be punishable with a civil fine as set forth in section 5-1-33.

(Ord. No. 10-018, § 2, 12-7-10; Ord. No. 17-010, § 3, 12-5-17)

(a) Notwithstanding any other Code section or resolution on the subject, violation of section 5-1-32 of this Code shall be immediately subject to a fine of one thousand dollars ($1,000.00) for each violation of section 5-1-32, and shall not exceed ten thousand dollars ($10,000.00) per day that a business, activity, or use operates in violation of section 5-1-32, and may be processed as set forth in section 1-1-40.15 of this Code. Fines authorized for violation of the County's Zoning Code and for violations of the Building Code may also be immediately imposed where such violations occurred in service of prohibited commercial cannabis activity in violation of section 5-1-32.

(b) Fines authorized by this section may be immediately assessed against the property owner and each owner of the occupant business entity engaged in unlawful commercial cannabis activity in violation of section 5-1-32 and such persons shall be joint and severally liable to the County for the administrative fines and penalties, except as provided in section 5-1-33(c) of this Code.

(c) Fines authorized by this section may not be immediately imposed, but a reasonable time to correct the violation will be allowed prior to the imposition of fines, where all of the following conditions are met:

1. A tenant is in possession of the property;

2. The rental property owner or agent can provide evidence that the rental or lease agreement prohibits commercial cannabis activity; and

3. The rental property owner or agent did not know the tenant was engaging in commercial cannabis activity in violation of section 5-1-32 and no complaint, property inspection, or other information caused the rental property owner or agent to have actual notice of the unlicensed commercial cannabis activity.

(d) Interest shall accrue on delinquent fines and penalties at the rate of ten (10) percent for fines not paid within thirty (30) days of their due date.

(e) In addition to the fines authorized above, the County may also or alternatively immediately impose larger fines that are otherwise authorized by law or impose other or larger fines after notice and a reasonable time to correct.

(Ord. No. 10-018, § 3, 12-7-10; Ord. No. 17-010, § 4, 12-5-17; Ord. No. 26-002, § 3, 2-24-26)