5.04 — BUSINESS REGULATION

This chapter shall be known, and may be cited, as the "business regulation ordinance." (Ord. 898 § 2, 1990)

The purpose of this chapter is to protect the public health, welfare and safety by:

• (A) Providing adequate information regarding the ownership and operation of businesses within the City and facilitating contact between the City and those businesses.

• (B) Regulating the operation of certain enumerated businesses to ensure that such operation does not adversely affect the general welfare.

• (C) Providing for a healthy and stable business community within the City's boundaries.

• (D) Collecting statistical information regarding businesses within the City's boundaries.

• (E) Monitoring sales tax registration and compliance. (Ord. 898 § 2, 1990)

This chapter shall apply to all businesses engaged in the activities listed in PMC § 5.04.150. The provisions in this article constitute general requirements applicable to all such businesses. In the event of any conflict between the provisions contained in Article II and this article, the provisions contained in Article II shall control.

(Ord. 898 § 2, 1990; Ord. 1090 § 4, 1997)

For the purpose of this chapter, the following terms shall have the following meanings:

• (A) "Adult-oriented businesses" means any of the uses defined in PMC § 5.04.400(B).

• (B) "Agent" or "agency" means a person who acts for, on behalf of, or in the place of another person.

• (C) "Agency review" or "departmental review" means that process by which business permit applications are reviewed by designated City departments to determine whether the operation of a particular business will conform to the requirements of this chapter.

• (D) "Business" means an establishment engaged in one or more commercial or mercantile activities for the purpose of earning, in whole or in part, a profit or livelihood whether or not a profit or livelihood is actually earned thereby.

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City of Palmdale, CA

BUSINESS LICENSES, TAXES AND REGULATIONS

§ 5.04.040

§ 5.04.040

• (E) "Business activity" means a commercial or mercantile activity, together with all devices, machines, articles, and appurtenances used therein, which is conducted for the purpose of earning, in whole or in part, a profit or livelihood whether or not a profit or livelihood is actually earned thereby.

• (F) "Director" means the Director of Economic and Community Development, or his/her/their designee, unless otherwise specified.

• (G) "Home occupation" means any activity carried out for gain by a resident of a dwelling conducted as a lawful accessory use in the resident's dwelling unit.

• (H) "Permittee" means any person holding a permit to operate a business within the City.

• (I) "Person" means any individual, partnership, corporation, or joint venture which conducts or purports to conduct a business activity within the City.

• (J) "Commence" means and includes to begin, initiate, start, open or establish.

• (K) "Conduct" means and includes to commence, transact, maintain, practice, do, operate or carry on.

• (L) "Employee" means any person engaged in the operation or conduct of any business in the City, whether as an owner, a member of the owner's family, or as a partner, agent, manager, solicitor, apprentice, trainee, or any other category of person employed or working in such business.

• (M) "Permit" means the certificate issued by the Director or by the City Council, as may be appropriate, as a prerequisite to operating a business pursuant to this chapter.

• (N) "Sexually oriented business" shall mean any one of the following:

  • (1) Any business wherein the preponderant business is the offering of services, materials, goods, and/or products which are characterized by an emphasis on matter depicting, describing, or in relation to "nude" or "semi-nude" persons or "specified sexual activities," as defined in PMC § 17.92.010 (Adult-oriented businesses), for observation by patrons therein. Such businesses shall include, but not be limited to, an adult bookstore, adult video store, picture arcade showing adult entertainment pictures, adult motion picture theater, or other similar businesses; or

  • (2) Any business which utilizes or encourages sexual arousal, sexual gratification, and/ or sexual stimulation of a customer or prospective customer in connection with the sale or offering for sale of services, goods, or materials. Such business shall include, but not be limited to, Turkish bath, "nude" or "semi-nude" modeling studio, business using "nude" or "semi-nude" models in offering lingerie or intimate apparel for sale, sexual catharsis center, sexual encounter establishment, bondage or discipline parlor, escort bureau and introductory services, or other similar businesses; or

  • (3) Any business, having as a portion of its goods for sale, products which replicate or are designed to simulate "specified anatomical areas," as defined in PMC § 17.92.010 (Adult-oriented businesses), to cause sexual excitement thereof. Such business shall include, but not be limited to, a sexual novelty store or other similar businesses.

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City of Palmdale, CA § 5.04.040

PALMDALE CODE

§ 5.04.090

This definition of adult business does not apply, nor shall it be interpreted to apply, to any business conducted, operated by or employing licensed chiropractors, licensed physicians, licensed physical therapists, licensed psychologists, licensed social workers or licensed marriage family counselors when performing functions under or pursuant to their respective licenses. "Sexually oriented business" shall mean the same as an adult-oriented business.

(Ord. 898 § 2, 1990; Ord. 915 § 1, 1991; Ord. 1090 § 5, 1997; Ord. 1120 §§ 4, 5, 1998; Ord. 1612 §§ 4 – 6, 2024)

• (A) Generally. It is unlawful for any person to commence or conduct or purport to commence or conduct, either directly or indirectly, any business activity in the City without first having procured a business permit, where required, and paying the required fees therefor.

• (B) When Permit Required. All business activities listed in PMC § 5.04.150 shall be authorized by a business permit issued pursuant to this chapter.

• (C) Advertising Businesses. No person shall advertise or announce a business activity located in the City until a business permit has first been obtained as required by this chapter. Advertising or announcing includes, but is not limited to, disseminating pamphlets or handbills, publishing newspaper announcements, and purchasing radio or television commercials.

• (Ord. 898 § 2, 1990; Ord. 1612 § 7, 2024)

Except as otherwise provided in this chapter, all business permits shall be issued for one year and shall be renewed annually.

(Ord. 898 § 2, 1990)

A business permit may be issued to a person operating under a fictitious business name who has complied with all of the applicable provisions of the Business and Professions Code of this state. Otherwise, all permits shall be issued in the true name of the individual, or individuals, applying for a permit, and must appear as such on the application for a permit. (Ord. 898 § 2, 1990)

No business permit issued under the provisions of this chapter shall be construed as authorizing any business activity which is prohibited under the laws of the United States, the federal and state Constitutions, this code or any applicable law, ordinance, rule or regulation. Any such business permit shall be void.

(Ord. 898 § 2, 1990)

A permittee shall report to the Director the loss of any business permit, whether in the form of a sticker, tag, card, paper, or otherwise. The Director shall issue to the permittee a duplicate permit

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City of Palmdale, CA

BUSINESS LICENSES, TAXES AND REGULATIONS

§ 5.04.090

§ 5.04.130

and cancel the lost permit upon the payment of the prescribed fee established by resolution of the City Council.

(Ord. 898 § 2, 1990)

• (A) Posting. Every person required to have a business permit pursuant to the provisions of this chapter and who conducts, manages or carries on a business activity at a fixed location shall keep such permit posted in a conspicuous place in the place of business.

• (B) Carrying. Every person required to have a business permit pursuant to the provisions of this chapter and who does not have a fixed place of business shall carry such permit at all times when conducting the business activity for which such permit was issued.

• (C) Presentation on Demand. Every person required to have a business permit pursuant to the provisions of this chapter shall produce the permit when requested by any City official who is authorized to issue or collect permit fees, or who is authorized to conduct inspections or otherwise enforce the provisions of this chapter or of this code.

• (Ord. 898 § 2, 1990)

No person required by this chapter to pay permit fees shall be relieved from the payment of any applicable license or regulatory fees or from compliance with any regulations required by any other provisions of this code.

(Ord. 898 § 2, 1990)

Business permit fees shall be established by resolution of the City Council. (Ord. 898 § 2, 1990)

• (A) Generally. Except as otherwise provided for in this chapter, every person commencing or conducting, or purporting to commence or conduct, any business activity required to be permitted pursuant to this chapter shall file an application for a business permit and pay the required fees therefor. Applications for business permits shall be provided by the City.

• (B) Application Deadlines. Every person engaging in or operating a regulated business activity on the effective date of the ordinance codified in this chapter shall apply for a business permit no later than December 31, 1990. Every person commencing or purporting to commence a business activity after the effective date of the ordinance codified in this chapter shall apply for a business permit by December 31, 1990, or not less than 30 days prior to commencing the business activity, whichever is later. The required fees shall be paid at the time the business permit application is submitted.

• (C) Submission of Applications. The Director shall determine whether an application is complete. If an application is determined to be complete, the application shall be accepted. If it is determined that the application is incomplete, the applicant shall be notified of what information is necessary to complete the application. An application shall not be considered filed unless it has been determined to be complete.

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City of Palmdale, CA

PALMDALE CODE

§ 5.04.130

§ 5.04.140

• (Ord. 898 § 2, 1990)

• (A) The application for a business permit shall be signed by an individual applicant or a soleproprietorship applicant, or by an authorized signatory for a partnership or corporate applicant. The application shall contain the following information, to the extent applicable:

  • (1) The full name and address of the applicant.

    • (a) If the applicant is an individual or sole proprietorship, the name and residence address of the individual applicant or of the individual conducting the sole proprietorship shall be set forth.

    • (b) If the applicant is a partnership, the name and residence address of each general partner shall be set forth. If one or more of the general partners is a corporation, the provisions of subsection (A)(1)(c) of this section pertaining to a corporate applicant shall apply to each corporate general partner.

    • (c) If the applicant is a corporation, the name shall be set forth as it appears in the articles of incorporation, and the address set forth shall be the principal executive office for the conduct of business in the state or if none, the principal executive office in the applicant's state of incorporation. If the capital stock of the corporate applicant is not publicly traded, the additional information set forth below shall also be provided:

      • (i) The name and residence address of each director of the corporation,

      • (ii) The name and residence address of each executive officer of the corporation, i.e., president, vice president, secretary, treasurer, etc.,

      • (iii) The name and residence address of each shareholder owning 10 percent or more of the outstanding capital stock of the corporation,

      • (iv) The name and business address of the person designated by the corporation to accept service of process in the state.

  • (2) The true address of the intended business. A person may not use a post office box, mailbox, message service or other similar device as the true address of the business for purposes of this chapter. A post office box, mailbox, message service or other similar device may be used as the mailing address of the business for business purposes only.

  • (3) A description of the facility proposed to house the intended business activity.

  • (4) A full description of the intended business activity and, if a new business, the estimated starting date of such business activity.

  • (5) If the business is advertised to the public and operates under a name other than the name of the applicant, such other name or designation shall also be included.

  • (6) The names, addresses and telephone numbers of at least two individuals who may be contacted by the City in case of an emergency.

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City of Palmdale, CA

BUSINESS LICENSES, TAXES AND REGULATIONS

§ 5.04.140

§ 5.04.150

• (7) With regard to each of the individuals required to be identified by name and address as specified in subsection (A)(1) of this section, the applicant shall describe in narrative form the details of any of the following events that occurred during the previous five years:

  • (a) Such individual was convicted in a criminal proceeding or is a named subject of a pending criminal proceeding (excluding traffic violations and infractions).

  • (b) Such individual, or any partnership or corporate entity with which such individual was affiliated as a partner, officer, director, or as a shareholder owning 10 percent or more of the outstanding capital stock, was the subject of any order, judgment or decree, not subsequently reversed, suspended or vacated, or any court of competent jurisdiction, permanently or temporarily enjoining or otherwise limiting such individual or entity from engaging in or continuing any conduct or practice in connection with the operation of this type of business activity, or a substantially similar business activity.

  • (c) Such individual, or any partnership or corporate entity with which such individual was affiliated as a partner, officer, director, or as a shareholder owning 10 percent or more of the outstanding capital stock, in previously operating or engaging in the operation of this type of business activity, or a substantially similar business activity, in this or any other city or state, under license or permit, has such license or permit denied, revoked or suspended.

  • (d) With regard to any of the events required pursuant to this subsection (A)(7), the applicant shall be entitled to document and explain any mitigating circumstances associated with such events.

• (B) The application for a business permit shall also contain such additional information as may be required by this chapter in connection with the specific business activity for which a permit is requested, or which the Director may deem to be necessary and appropriate for the purpose of evaluating the ability and willingness of the applicant to comply with all regulatory conditions and restrictions imposed by this chapter and to thereby protect the health, safety and general welfare of the community.

• (Ord. 898 § 2, 1990; Ord. U-919 § 1, 1991; Ord. 919 § 1, 1991)

• (A) No person shall commence, conduct or purport to commence or conduct the following business activities without a valid business permit:

  • (1) Adult-oriented businesses;

  • (2) Entertainment;

  • (3) Game arcades;

  • (4) Gun dealers;

  • (5) Massage establishments and massage technicians;

  • (6) Pawnbrokers and secondhand dealers;

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City of Palmdale, CA § 5.04.150

PALMDALE CODE

§ 5.04.185

• (7) Sidewalk vending;

• (8) Mobile vending; and

• (9) Tobacco/smoking product retailer.

• (B) The regulations pertaining to specified businesses or business activities requiring a business permit are set forth in Article II of this Chapter commencing with PMC § 5.04.400 (Adult-oriented businesses).

• (Ord. 898 § 2, 1990; Ord. 909 § 1, 1991; Ord. U-919 § 1, 1991; Ord. 919 § 2, 1991; Ord. 1026 § 1, 1993; Ord. U-1030 § 1, 1993; Ord. 1090 § 6, 1997; Ord. 1108 § 2(a), 1997; Ord. U-1117 § 4, 1997; Ord. 1117 § 4, 1997; Ord. 1384 § 8, 2010; Ord. 1606 § 3, 2023; Ord. 1612 §§ 8, 9, 2024)

An applicant may be required to provide a set of his or her fingerprints and/or proffer photographic identification, as defined in PMC § 1.04.100, in connection with an application for a particular business permit.

• (Ord. 898 § 2, 1990; Ord. 1090 § 7, 1997; Ord. 1317 § 1, 2007)

• (A) Responsibility. The responsibility for approving business permit applications shall be as follows:

  • (1) Business Permit Applications Which Do Not Require Hearings. These business permit applications shall be subject to the approval of the Director as the reviewing authority. Any person may appeal the Director's decision on the application in a manner consistent with the requirements of PMC § 5.04.280 (Hearing to contest modification, suspension, or revocation – Initiation of hearing), et seq. The timely filing of an appeal shall entitle the aggrieved party to a hearing.

• (B) Preconditions to Approval. Before any business permit is issued, the reviewing authority shall ensure that the applicant has agreed to abide by all the conditions and restrictions imposed by this chapter on the particular business involved.

• (Ord. 898 § 2, 1990; Ord. 1612 § 10, 2024)

• (A) Generally. Once a completed application is filed, and the applicant has paid the prescribed business permit fee, the Director shall initiate an investigation of facts relating to the business permit application with appropriate City and County departments and agencies. This review process shall ensure that the action on each business permit application is consistent with the intent and purpose of this chapter.

• (B) First Amendment Activities. In the case of businesses involved primarily in First Amendment activities, this review process shall be completed within 45 days, and the Director's or City Council's decision approving or denying the business permit shall be made within the 45-day period, unless a longer period is approved by the applicant.

• (Ord. 898 § 2, 1990; Ord. U-919 § 1, 1991; Ord. 919 § 3, 1991)

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City of Palmdale, CA

BUSINESS LICENSES, TAXES AND REGULATIONS

§ 5.04.185

§ 5.04.200

• (A) The information disclosed by an applicant for a business permit pursuant to PMC § 5.04.140(A)(7) shall be reviewed and considered by the Director or the City Council, as applicable, in evaluating the ability and willingness of the applicant to comply with all regulatory conditions and restrictions imposed by this chapter on the specific business for which a permit is requested and to thereby protect the health, safety and general welfare of the community.

• (B) In no event shall a prior criminal record, whether considered alone or in conjunction with prior injunctive relief or the prior denial, revocation or suspension of a business license or permit, constitute the sole basis or justification for the denial of a business permit unless the Director or the City Council, as applicable, after reviewing and considering all relevant facts and circumstances, finds and determines as follows:

  • (1) That, with regard to a proposed business activity primarily involving First Amendment activities, the issuance of the permit would constitute a clear and present danger of a serious substantive evil; or

  • (2) That, with regard to a proposed business activity not involving First Amendment activities, the applicant's prior criminal record includes one or more convictions for a crime involving moral turpitude which is substantially related to the business activity for which the permit is requested and, when considered alone or in conjunction with prior injunctive relief or the prior denial, revocation or suspension of a business license or permit, the issuance of the permit would be detrimental to the health, safety and general welfare of the community.

• (C) Whenever the City Council, whether upon an appeal from a determination by the Director or in the course of any hearing required by this chapter to be conducted by the City Council, determines that it is necessary to discuss and determine whether an applicant for a business permit or business permit renewal, which applicant, or any individual affiliated with a partnership or corporate applicant as a partner, officer, director, or as a shareholder owning 10 percent or more of the outstanding capital stock, has a criminal record, is sufficiently rehabilitated to obtain the business permit, the City Council may hold a closed session with the applicant and the applicant's attorney, if any, for the purpose of holding the discussion and making the determination. Such closed session shall be held pursuant to Section 54956.7 of the Government Code, as it now exists or is hereafter amended.

• (Ord. U-919 § 1, 1991; Ord. 919 § 4, 1991)

(Ord. 898 § 2, 1990; Ord. 1090 § 8, 1997; Ord. 1605 § 9, 2023; Ord. 1606 § 4, 2023)

• (A) Business Activities Involving First Amendment Activities. Neither the Director nor the City Council shall approve an application for a business permit for a business activity primarily involving First Amendment activities if any of the following findings are made:

  • (1) The building, structure, premises, or the equipment used to conduct the business activity fails to comply with all applicable health, zoning, fire, building and safety, or nuisance prevention laws of the State or of the City or there are fees, fines, taxes, or

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City of Palmdale, CA § 5.04.200

PALMDALE CODE

§ 5.04.210

other amounts owing the City in connection with the business activity including the building, structure, premises, or the equipment used to conduct the business activity; provided, however, that this Subsection shall not be construed to require that the applicant actually be in compliance with such laws or have paid such amounts at the time set for review and approval. The Director or the City Council, as applicable, may approve a business permit and condition its operative date upon the later submission by the applicant to the Director of a certificate of occupancy issued by the Division of Building and Safety or other satisfactory evidence that the business activity is then in compliance with all such applicable laws or proof of payment of such amounts;

• (2) The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for the business permit or in any report or statement required to be filed with the Director or the City Council;

• (3) The business is prohibited by any local or state law, statute, rule or regulation, or is prohibited in the particular location or zone by any law, statute, rule, or regulation; or

• (4) The City Council has made the findings and determination as specified in PMC § 5.04.185 relating to an applicant for a permit for a proposed business activity involving First Amendment activities.

• (B) Business Activities Not Involving First Amendment Activities. Neither the Director nor the City Council shall approve an application for a business permit for a business activity not primarily involving First Amendment activities if any of the following findings are made:

• (1) The building, structure, premises, or the equipment used to conduct the business activity fails to comply with all applicable health, zoning, fire, building and safety, or nuisance prevention laws of the State or of the City or there are fees, fines, taxes, or other amounts owing the City in connection with the business activity including the building, structure, premises, or the equipment used to conduct the business activity; provided, however, that this Subsection shall not be construed to require that the applicant actually be in compliance with such laws or have paid such amounts at the time set for review and approval. The Director or the City Council, as applicable, may approve a business permit and condition its operative date upon the later submission by the applicant to the Director of a certificate of occupancy issued by the Division of Building and Safety or other satisfactory evidence that the business activity is then in compliance with all such applicable laws or proof of payment of such amounts;

  • (2) The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for the business permit or in any report or statement required to be filed with the Director or the City Council;

  • (3) The business is prohibited by any local or state law, statute, rule or regulation, or is prohibited in the particular location or zone by any law, statute, rule, or regulation;

  • (4) The City Council has made the findings and determination as specified in PMC § 5.04.185 relating to an applicant for a permit for a business activity not involving First Amendment activities.

• (Ord. 898 § 2, 1990; Ord. U-919 § 1, 1991; Ord. 919 § 5, 1991; Ord. 1408 § 4, 2010; Ord. 1605 §§ 35, 36, 2023; Ord. 1612 §§ 11, 12, 2024)

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City of Palmdale, CA

BUSINESS LICENSES, TAXES AND REGULATIONS

§ 5.04.210

§ 5.04.250

• (A) Limitation on New Applications. If an applicant's business permit application for a particular business activity has been denied, the Director shall not process a new application by that applicant for that business activity for a 12-month period after the denial unless the Director determines that the reason for the denial has been cured and no longer exists.

• (B) Appealability. The denial of an application by the Director may be appealed to the City Council in a manner consistent with PMC § 5.04.280 (Hearing to contest modification, suspension, or revocation – Initiation of hearing), et seq.

• (Ord. 898 § 2, 1990; Ord. 1612 § 13, 2024)

When any person is engaged at one location in more than one business activity for which a business permit is required, such person shall be deemed to be conducting each business activity separate and apart from any other business activity. The total fees for all business activities shall be determined by reference to the fee schedule established by resolution of the City Council, as authorized by PMC § 5.04.120.

(Ord. 898 § 2, 1990)

• (A) Generally. The operative date for a business permit shall be the date of approval of the application by the Director or the City Council.

• (B) Duration. The operative date for a business permit is as follows:

  • (1) Business permits are valid for a period not to exceed 15 months and will be issued on a quarterly basis. Therefore, business permits issued between January 1st and March 31st are valid through March 31st of the following year; business permits issued between April 1st and June 30th are valid through June 30th of the following year; business permits issued between July 1st and September 30th are valid through September 30th of the following year; and business permits issued between October 1st and December 31st are valid through December 31st of the following year.

• (Ord. 898 § 2, 1990; Ord. 1090 § 9, 1997)

(Ord. 898 § 2, 1990; Ord. U-1030 § 2, 1993; Ord. 1605 § 10, 2023; Ord. 1612 § 14, 2024)

• (A) Generally. Except as otherwise provided in subsection (E) of this section, when an applicant timely submits a business permit renewal application, the Director shall renew the permit effective upon the expiration of the prior permit.

• (B) Renewal Application Deadlines. Every person desiring to continue in business after the expiration of the permit period shall file an application for renewal not less than 30 days prior to the expiration of the permit period. In the case of a business activity having a fixed location, a permit for a different location is not a renewal and is deemed a new application.

• (C) Late Applications – Before Expiration. The Director may accept an application for renewal after the time specified in subsection (B) of this section if it is filed before the expiration of

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City of Palmdale, CA § 5.04.250

PALMDALE CODE

§ 5.04.250

the prior permit. The filing of such late application shall give the applicant no greater rights than upon the filing of an application for an original permit.

• (D) Late Application – After Expiration.

  • (1) Except as otherwise provided in this section, the Director shall not accept a renewal application for a permit which has expired, or which for any other reason is not in full force and effect. The applicant may apply for a new permit if not prohibited from doing so by any other provision of this chapter, and such application shall be accompanied by the required fee for a new permit.

  • (2) The Director may accept an application for a renewal after the time specified in subsection (B) of this section if it is filed not later than 60 days after the expiration of the prior permit and if the Director finds good cause as to why the application was not filed before the expiration of the permit period. When an application is submitted pursuant to this subsection the fee shall be the renewal fee plus 25 percent thereof. Such application shall give the applicant no greater rights than upon the filing of an application for an original permit.

  • (3) Good cause, pursuant to subsection (D)(2) of this section, shall be found where:

    • (a) A serious illness that required hospitalization or confinement to bed prevented timely renewal; or

    • (b) Unforeseen and extraordinary circumstances prevented timely renewal.

• (E) Denial of Permit Renewal. If the City has received notice of any of the following upon the filing of any permit renewal application, the application for renewal may be denied, subject to the permittee's right to appeal as provided for in PMC § 5.04.280 (Hearing to contest modification, suspension, or revocation – Initiation of hearing), et seq.:

  • (1) A transfer or change pursuant to PMC § 5.04.260 (Business permit transfers and changes);

  • (2) A significant change in operation of any permitted business which may involve noncompliance with City, County, or State regulations or laws;

• (3) One of the departments or officers performing a review of the permit renewal application has recommended denial of, or the imposition of additional conditions upon, such permit;

  • (4) If the City finds that the applicant knowingly made any false, misleading or fraudulent statements of material fact in the application for the business permit or in any report or statement required to be filed with the Director or the City Council;

  • (5) If the City finds any violation of this code, any other code adopted by the City, or any State law that occurred on or in connection with the business activity including the building, structure, premises, or the equipment used to conduct the business activity;

  • (6) If there are any fees, fines, taxes, or other amounts owing the City in connection with the business activity including the building, structure, premises, or the equipment used to conduct the business activity; or

  • (7) The applicant has been convicted of any violation of this code, any code adopted and

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City of Palmdale, CA

BUSINESS LICENSES, TAXES AND REGULATIONS

§ 5.04.250

§ 5.04.280

incorporated by the City into this code, the California Penal Code, the Health and Safety Code, the Business and Professions Code, or any other State law.

• (Ord. 898 § 2, 1990; Ord. U-1030 § 3, 1993; Ord. 1605 § 37, 2023; Ord. 1612 § 15, 2024)

• (A) Generally. No business permit issued under this chapter shall be transferred or changed pursuant to subsection (B) of this section unless such transfer or change is approved in the same manner as an original permit for the business activity. Upon approval of the transfer or change, the transferee shall be issued a new permit for the business activity.

• (B) Transfers. The following transactions shall be deemed to be transfers:

  • (1) The addition of a new partner or partners, or the withdrawal of a former partner or partners;

  • (2) The transfer of a business from one partnership to another;

  • (3) The transfer of a business from a partnership to a corporation;

  • (4) The transfer of a business from one corporation to another;

  • (5) The transfer of a business from a corporation to a partnership;

  • (6) The transfer of a business from a corporation to an individual, or vice versa;

  • (7) The transfer of a business from a partnership to an individual, or vice versa;

  • (8) The transfer of a majority of the stock in a corporation from one shareholder to another shareholder or to another person.

• (C) Change of Location. A permittee may transfer a business permit to a different location upon application to the Director who shall review such application in a manner consistent with PMC § 5.04.180.

• (Ord. 898 § 2, 1990; Ord. U-1030 § 4, 1993)

• (A) The determination of whether a permit should be denied, not renewed, modified, suspended, or revoked shall be initiated by a written statement explaining how the grounds in PMC § 5.04.200 (Grounds for denial of business permit) or § 5.04.310 (Grounds for modification, suspension, or revocation of business permit), as the case may be, have been found. Such statement may be initiated by any department or agency required to review or inspect the business permit and/or activity for compliance with applicable regulations. Such statement shall be submitted to the Director. The City shall give written notice to the applicant/permittee of the decision to deny, not renew, modify, suspend, or revoke to the address on the operative permit paperwork via first-class mail.

• (B) Any applicant/permittee aggrieved by the City's denial of a business permit, nonrenewal of a business permit, or the City's modifying, suspension or revocation of a business permit may challenge such decision pursuant to PMC § 5.04.280 (Hearing to contest modification, suspension, or revocation – Initiation of hearing) et seq.

• (Ord. 898 § 2, 1990; Ord. 1612 § 16, 2024)

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City of Palmdale, CA

PALMDALE CODE

§ 5.04.280

§ 5.04.300

The applicant/permittee may request a hearing by filing a request for a hearing on a Cityapproved form with the Office of the City Clerk, 38300 Sierra Highway, Palmdale, CA 93550 and must provide the reasons why the grounds in PMC § 5.04.200 (Grounds for denial of business permit) or § 5.04.310 (Grounds for modification, suspension, or revocation of business permit), as the case may be, have not been established within 20 calendar days from the issuance date of the notice. If the Office of the City Clerk does not receive the request in the required period, the applicant/permittee shall have waived the right to a hearing and the determination shall be deemed confirmed and final.

(Ord. 898 § 2, 1990; Ord. 1612 § 17, 2024)

If a timely and complete request for hearing is made, the City will set a hearing before the City Council or designee to determine whether grounds in PMC § 5.04.200 (Grounds for denial of business permit) or § 5.04.310 (Grounds for modification, suspension, or revocation of business permit), as the case may be, have been established to support the City's determination. Written notice of the date, time, and location of the hearing shall be given to the applicant/permittee not less than 10 days prior to the hearing by first class mail. Service of this notice is deemed complete at time of mailing. The failure of an applicant/permittee to receive a properly addressed notice shall not invalidate the determination or any hearing, City action or proceeding conducted pursuant to these applicable Sections. The hearing will be conducted within 60 days of the date a timely and complete request is received by the Office of the City Clerk unless otherwise agreed to by the applicant/permittee and the City.

(Ord. 898 § 2, 1990; Ord. 1612 § 18, 2024)

• (A) Right to Witnesses and Submission of Documentary Evidence. The applicant/permittee and the City shall have the right to bring witnesses to testify whether the grounds in PMC § 5.04.200 (Grounds for denial of business permit) or § 5.04.310 (Grounds for modification, suspension, or revocation of business permit), as the case may be, have been established and cross-examine each other's witnesses. The applicant/permittee and the City also have the right to submit in advance of the hearing – no later than three calendar days prior to the date set for hearing – written argument and documentary evidence on whether the grounds in PMC § 5.04.200 (Grounds for denial of business permit) or § 5.04.310 (Grounds for revocation of business permit), as the case may be, have been established. Such submission shall be made by first class mail unless otherwise agreed to by the applicant/permittee and the City, such as via email. Failure to receive said written material shall not invalidate the determination or any hearing, City action or proceeding conducted pursuant to this Section.

• (B) Procedure and Rules of Evidence. Administrative hearings are informal, and formal rules of evidence and discovery do not apply. Oral evidence shall be taken only on oath or affirmation. The City bears the burden of proof to establish the grounds in PMC § 5.04.200 (Grounds for denial of business permit) or § 5.04.310 (Grounds for modification, suspension, or revocation of business permit), as the case may be, by a preponderance of

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City of Palmdale, CA

BUSINESS LICENSES, TAXES AND REGULATIONS

§ 5.04.300

§ 5.04.310

evidence. An applicant/permittee may bring an interpreter to the hearing provided there is no expense to the City for the interpreter. The City Council may question any person who presents evidence or who testifies at any hearing. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC § 2.08.090 (Mayor to sign subpoenas).

• (C) Decision. The City Council shall issue its decision in writing promptly and notice of it must be made via first-class mail to the applicant/permittee and City. The decision shall contain a determination of the issues presented, including the evidence supporting whether the grounds in PMC § 5.04.200 (Grounds for denial of business permit) or § 5.04.310 (Grounds for modification, suspension, or revocation of business permit), as the case may be, were established and the applicable grounds in PMC § 5.04.200 (Grounds for denial of business permit) or § 5.04.310 (Grounds for modification, suspension, or revocation of business permit), as the case may be.

• (D) Judicial Appeal. The determination issued by the City Council shall be deemed a final order and may be judicially reviewed pursuant to California Code of Civil Procedure Section 1094.6. There is no right to a further administrative appeal.

• (Ord. 898 § 2, 1990; Ord. 1605 § 11, 2023; Ord. 1612 § 19, 2024)

The City may condition, modify, suspend, or revoke a business permit for any business activity required to be permitted under this Chapter as provided in PMC § 5.04.270 (Denial, nonrenewal, modification, suspension, or revocation) if the City finds that one or more of the following conditions exist:

• (A) Business Activities Involving First Amendment Activities.

  • (1) That the business activity including the building, structure, premises, or equipment used in the conduct of the business does not comply with any health, zoning, fire, building and safety, or nuisance prevention laws of the State or of the City;

  • (2) That the permittee, or any employee, agent, or manager of the permittee, has violated any Federal or State statute or any ordinance or regulation of the City in the course of exercising any rights under the business permit which is being considered for revocation;

  • (3) That the permittee, or any employee, agent, or manager of the permittee, has knowingly made any false, misleading or fraudulent statement of material fact in the application for permit, or in any report or statement required to be filed with the Director or the City Council;

  • (4) That the permittee, or any employee, agent, or manager of the permittee, has published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the permitted business;

  • (5) That the permittee has failed or refused to notify the Director of any change in facts as required by this Chapter within 10 days after such change;

  • (6) That the permittee, or any employee, agent, or manager of the permittee, has violated any conditions or restrictions of the business permit;

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City of Palmdale, CA

PALMDALE CODE

§ 5.04.310

§ 5.04.310

• (7) That the permittee, or any employee, agent, or manager of the permittee, has allowed, or failed to prevent, the use of the business as a base for unlawful or criminal activity, including, but not limited to, solicitation, prostitution, or drug trafficking;

• (8) That there are any fees, fines, taxes, or other amounts owing the City in connection with the business activity including the building, structure, premises, or the equipment used to conduct the business activity; or

• (9) The permittee has been convicted of any violation of this code, any code adopted and incorporated by the City into this code, the California Penal Code, the Health and Safety Code, the Business and Professions Code, or any other State law.

• (B) Business Activities Not Involving First Amendment Activities.

  • (1) That the business activity including the building, structure, premises, or equipment used in the conduct of the business does not comply with any health, zoning, fire, building and safety, or nuisance prevention laws of the State or of the City;

• (2) That the permittee, or any employee, agent, or manager of the permittee, has violated any Federal or State statute or any ordinance of the City in the course of exercising any rights under the business permit which is being considered for revocation;

  • (3) That the permittee, or any employee, agent, or manager of the permittee, has been found to have committed a crime of moral turpitude which bears a substantial relationship to the conduct of the business activity for which the business permit is being considered for revocation;

  • (4) That the permittee, or any employee, agent, or manager of the permittee, has knowingly made any false, misleading or fraudulent statement of material fact in the application for permit, or in any report or statement required to be filed with the Director or the City Council;

  • (5) That the permittee, or any employee, agent, or manager of the permittee, has published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the operation of the permitted business;

  • (6) That the permittee has failed or refused to notify the Director of any change in facts as required by this Chapter within 10 days after such change;

  • (7) That the permittee, or any employee, agent, or manager of the permittee, has violated any conditions or restrictions of the business permit;

  • (8) That the permittee has been convicted of any violation of this code, any code adopted and incorporated by the City into this code, the California Penal Code, the Health and Safety Code, the Business and Professions Code, or any other State law;

  • (9) That the permittee, or any employee, agent, or manager of the permittee, has violated any rule or regulation adopted by the City Council or any other governmental agency relating to the permittee's business;

  • (10) That the permittee has conducted the permitted business in a manner contrary to the public health, safety, and welfare; or

  • (11) That there are any fees, fines, taxes, or other amounts owing the City in connection

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City of Palmdale, CA

BUSINESS LICENSES, TAXES AND REGULATIONS

§ 5.04.310

§ 5.04.330

with the business activity including the building, structure, premises, or the equipment used to conduct the business activity.

• (Ord. 898 § 2, 1990; Ord. 1605 §§ 38, 39, 2023; Ord. 1612 § 20, 2024)

• (A) No refunds of any business permit fees shall be made to any permittee upon revocation or suspension of a business permit.

• (B) Following revocation of any business permit for cause under this chapter, no business permit to conduct the same business activity shall be issued to the same person for a period of one year.

• (C) Whenever a business permit is suspended or revoked, the Director shall take into possession the business permit for the subject business activity. The permittee shall surrender the business permit and permit stickers, or similar evidence of a permit, to the Director.

• (D) Upon revocation or suspension of a business permit, the permittee shall immediately cease operation of the business activity. Except as otherwise provided, if the permit is suspended, the permittee may resume operation upon expiration of the suspension period.

• (Ord. 898 § 2, 1990; Ord. 1612 § 21, 2024)

• (A) Right to Condition Permit. The Director or the City Council, as applicable, may condition any business permit if it is determined that grounds for denial or revocation exist, or that the manner in which the business has been conducted or operated is detrimental to the public health, safety and welfare, in that:

  • (1) The permittee, or any agent, manager or employee of the permittee, has failed to maintain the premises in a neat and clean condition and has allowed the business premises to deteriorate and become blighted;

  • (2) The permittee, or any agent, manager or employee of the permittee, has allowed, or failed to prevent, the use of the business premises by its patrons as a base for criminal or otherwise unlawful activity;

  • (3) The permittee, or any agent, manager or employee of the permittee, has allowed, or failed to discourage, criminal or otherwise unlawful activity on or immediately adjacent to the business premises;

  • (4) The permittee, or any agent, manager or employee of the permittee, has failed to provide adequate parking to serve its patrons, thereby causing patrons to cruise on neighborhood streets in search of parking, and causing other traffic-related noise and disturbances; or

  • (5) The permittee, or any agent, manager or employee of the permittee, has failed to control the actions of its patrons on or immediately adjacent to the business premises.

• (B) Application to Modify Conditions. The City Council may modify or eliminate any conditions previously imposed on a business permit upon written request of the permittee if it finds that the reasons for the original imposition of such conditions have been cured or

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City of Palmdale, CA § 5.04.330

PALMDALE CODE

§ 5.04.340

no longer exist. Applications to modify conditions shall be noticed and set for hearing in a manner consistent with PMC §§ 5.04.280 (Hearing to contest modification, suspension, or revocation – Initiation of hearing) through 5.04.300 (Hearing to contest modification, suspension, or revocation – Procedure for hearing).

• (C) Consent to Right of Entry. If the Director finds that unannounced inspections of the business premises are necessary to enforce the provisions of this chapter, the Director may impose as a condition of the permit that the permittee consent to entry of the permittee's place of business at all reasonable times by any City officer or employee authorized to enforce the provisions of this chapter or other provisions of the code. Upon presentation of proper credentials by any such officer or employee, the permittee shall allow such inspection.

• (D) Noise Abatement. Whenever the Director determines that noise from any business activity permitted under this chapter interferes with the right of persons dwelling in the vicinity of such business activity to the peaceful and quiet use and enjoyment of their property, or that the business activity permitted under this chapter is in violation of the noise ordinance of the City, the Director or the City Council may require that the premises of the business activity be soundproofed to eliminate the noise or reduce it to a reasonable level. In taking any action under this section, the Director or the City Council shall balance all of the interests of the respective parties, as well as the hardship which will result from any such noise mitigation measures. If the Director or the City Council finds that the noise complained of is minimal or inconsequential, no action shall be taken under this section.

• (Ord. 898 § 2, 1990; Ord. U-1030 § 5, 1993; Ord. 1612 § 22, 2024)

• (A) Generally. Except as hereafter provided, any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor and punishable as set forth in PMC Chapter 1.12 (Penalty Provisions). Each day that a violation of this Chapter occurs shall constitute a new and separate offense as provided in PMC § 1.12.030 (Continuing violations).

• (B) False Statements. Any person who knowingly makes any false statement in any application for a business permit or in any report required under this Chapter is guilty of a misdemeanor and punishable as provided for in this code.

• (C) Enforcement. The City is authorized to take such actions as may be required for enforcement of this Chapter. The City may enforce any violation of this Chapter by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.

• (D) Public Nuisance. Any violation of this Chapter shall constitute a public nuisance subject to all enforcement methods, abatement procedures, other remedies, and cost recovery as prescribed in PMC Chapter 8.36 (Regulation of Property Maintenance).

• (Ord. 1612 § 24, 2024)

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City of Palmdale, CA

BUSINESS LICENSES, TAXES AND REGULATIONS

§ 5.04.400

§ 5.04.400