Chapter 5.32

BUSINESS PERMITS—TERMS AND CONDITIONS OF ISSUANCE

• A. Before any business permit is issued to any person, unless otherwise provided in this code, a written application by the applicant shall be made to the Business Services Coordinator. Such application shall contain the following information:

  1. The true name of the applicant;

  2. The fictitious name or names, if any, of the applicant;

  3. The residence address of the applicant;

  4. The driver's license number of the applicant;

  5. Height and weight and color of eyes and hair of the applicant;

  6. Date and place of birth of the applicant;

  7. The citizenship of the applicant;

  8. The name of the business;

  9. The name of the owner of the business, if different from applicant;

  10. The business address of the applicant;

  11. The name of the proprietor or manager of the business, if different from owner;

  12. The residence address of the applicant for the five years immediately preceding the date of the application;

  13. Whether the applicant has ever been refused or denied a license or permit or had one revoked; if so, the type of license of permit, the location, the date, and the reason therefor;

  14. Business, occupation, or employment of the applicant for the five years immediately preceding the date of the application;

  15. All convictions and the reasons therefor;

  16. The signature of the applicant.

• B. The Business Services Coordinator may also require the above information section in accordance with Business and Professions Code Section 16000.1 from any person connected or associated with the applicant as partner, director, officer, or stockholder. In addition, any person who is exercising managerial authority of or on behalf of the applicant shall provide the information described in this section.

• (Prior code 6310; Ord. 193; Ord. 32-78; Ord. 07-24, 5/14/2024)

The business permit, unless otherwise provided in this code, shall be prepared and issued by the

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City of Orange, CA

BUSINESS TAXES AND REGULATIONS

§ 5.32.020

§ 5.32.070

Business Services Coordinator upon compliance with appropriate provisions of this code. Each business permit issued shall state upon the face thereof the following:

• A. The person to whom the same is issued;

• B. The residence address of the person;

• C. The name of the business;

• D. The business address;

• E. The type of business permit;

• F. The date of expiration of such business permit;

• G. The driver's license number of the person;

• H. The height and weight and color of eyes and hair of the person. (Prior code 6310.1; Ord. 32-78)

All business permit fees shall be due and payable when application is filed for a business permit. Only one investigation fee will be charged where multiple permits are applied for at the time of the initial application submittal only.

(Prior code 6310.2; Ord. 193; Ord. 32-78; Ord. 16-85)

Business permits shall cover the period of one year from the first day of the month in which the business permit is issued.

(Prior code 6310.3; Ord. 32-78)

Business permits must be kept and posted in the following manner:

• A. Any permittee transacting and carrying on business at a fixed place of business in the City shall keep the business permit posted in a conspicuous place upon the premises where such business is carried on.

• B. Any permittee transacting and carrying on business, but not operating at a fixed place of business in the City, shall keep the business permit upon his or her person at all times while transacting and carrying on such business, and upon demand the permittee must show the business permit.

(Prior code 6310.4; Ord. 193; Ord. 32-78)

No business permit issued pursuant to this article shall be transferable from one person to another person.

(Prior code 6310.5; Ord. 193; Ord. 32-78)

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City of Orange, CA § 5.32.070

ORANGE CODE

§ 5.32.080

When the Business Services Coordinator or other officer of the City denies a permit either new or renewal, unless a hearing already has been held, he or she shall notify the applicant in writing that the permit is denied together with the reasons therefor. Further, the applicant shall be notified in writing that the applicant may request a hearing before the City Manager within 10 days after the mailing of such notice by the Business Services Coordinator. (Prior code 6310.6; Ord. 32-78)

The following shall constitute grounds for denial of a permit:

• A. The business is prohibited by any local or state law, statute, rule or regulation, or prohibited in the particular location by any local or state law, statute, rule or regulation.

• B. Except as otherwise provided herein, conviction (including pleas of guilty and nolo contendere) of a felony or a crime involving moral turpitude or a crime which has a substantial relationship to the permitted business, shall be prima facie disqualification of an applicant for the following City business permits:

Ambulances, amusements, antique shop, billiards, circus, coin shop, concealable firearms sellers' permit, escort bureau, dance, entertainment, food-handling business, food-handling facilities, fortunetelling, massage parlor, pawnbroker, secondhand dealer, auctioneer, security business, soliciting, solicitors, special event, special pageant, tow truck, vehicle for hire, and vending machines.

The Business Services Coordinator or Chief of Police, however, may disregard such conviction if it is found and determined by such Business Services Coordinator or Chief of Police that mitigating circumstances exist. In making such determination, the Business Services Coordinator or Chief of Police shall consider the following factors:

1. The type of business permit for which the person is applying;

2. The nature and seriousness of the offense;

3. The circumstances surrounding the conviction;

4. The length of time elapsed since the conviction;

5. The age of the person at the time of the conviction;

6. The presence or absence of rehabilitation or efforts at rehabilitation;

7. Contributing social or environmental conditions.

• C. The business has been or is a public nuisance.

• D. The applicant, his or her agent or employee, or any person connected or associated with the applicant as a partner, director, officer, stockholder, associate, or manager has committed or aided or abetted in the commission of any act or act of omission which, committed by a permittee would be a ground for suspension or revocation of the permit under this article.

• E. The applicant, his or her agent or employee, or any person connected or associated with the

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City of Orange, CA

BUSINESS TAXES AND REGULATIONS

§ 5.32.080

§ 5.32.130

applicant as partner, director, officer, stockholder, associate or manager has been refused a permit or had a permit revoked or suspended by the City, or by any other public agency on any ground on which the City could deny such a permit.

• F. The applicant, his or her employee, agent or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit or in any report, or record required to be filed with the Business Services Coordinator or other officer of the City.

• G. The applicant, his or her employee, agent, or manager has published, uttered or disseminated any false, deceptive or misleading statements or advertising in connection with the operation of the permitted business.

(Prior code 6310.7; Ord. 32-78; Ord. 7-80; Ord. 25-82; Ord. 48-85; Ord. 4-00; Ord. 07-24, 5/ 14/2024)

The granting or renewal of a permit is not to be considered approval or condonation of any act, conduct or condition of the applicant. (Prior code 6310.8; Ord. 32-78)

If a permit has been denied, the Business Services Coordinator shall not accept a new application by the same person less than one year after such denial for a permit for the same activity at the same location unless that application affirmatively shows, and the Business Services Coordinator finds, that the grounds upon which the prior application was denied no longer exist. (Prior code 6310.9; Ord. 32-78)

Pursuant to Section 11105 of the Penal Code of the State, the following officers of the City are authorized to have access to and to utilize state summary criminal history information when it is needed to assist them in fulfilling licensing duties set forth in this chapter:

• A. Business Services Coordinator;

• B. City Attorneys;

• C. City Manager. (Ord. 7-80)

In addition to a permit fee and the amount set by the state for processing fingerprints, applicants who are required to be investigated by the Chief of Police or designee shall pay a Police Investigation Fee in an amount established from time to time by City Council Resolution.

Unless an applicant is exempt by ordinance, statute or law, in addition to a permit fee, and the amount set by the State for processing fingerprints, there shall be an extraordinary police

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City of Orange, CA § 5.32.130

ORANGE CODE

§ 5.32.130

investigation fee in an amount established from time to time by City Council resolution for the following business permits:

BUSINESS PERMIT

Amusement activities Amusement device Amusement center Antique dealers Billiards Circus Coin shop Concealable fire arm dealers Controlled substance – sale and display Dance permit Entertainment premises Escort bureau business Fortunetelling Massage parlor Pawnbroker Secondhand dealer Solicitors Tow truck business Vehicles for hire service

In the event that the Chief of Police or designee determines that the extraordinary police investigation fee is not necessary in whole or in part to cover the cost of the extraordinary police investigation fee, the Chief of Police or designee may waive the extraordinary police investigation fee or a portion thereof.

(Ord. 33-83; Ord. 48-83; Ord. 48-85)

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City of Orange, CA

BUSINESS TAXES AND REGULATIONS

§ 5.34.010

§ 5.34.020