Article II — Permits

The city council does hereby create a license and permit hearing board, which shall consist of at least three members, as shall be designated by the city council. The board shall have the power to grant all permits required by this title and to revoke or suspend any permit or license granted or issued under the provisions of the Business License Law. The board shall be governed by the procedures set out in Article II of this chapter. (Prior code § 6302)

The permit and license hearing board shall formulate all necessary rules and regulations governing the application for a permit, investigation of the application, and pertaining to any hearing before the board on such application. (Prior code § 6302(a))

In addition to the payment of a license fee as provided for in this title, certain businesses, professions, trades or occupations, as set forth in this title, shall first obtain, as provided in this title, a permit to operate such business, profession, trade or occupation within the city. No person shall operate a business, profession, trade or occupation, as set forth in this title, without first obtaining a permit to do so. The director of finance, or authorized deputy, shall not issue a license or accept a license fee from any person to conduct a business, profession, trade or occupation as hereinafter set forth, unless such person has in existence a valid and unexpired permit to perform such business, profession, trade and/or occupation. (Prior code § 6300)

The license fee prescribed in Chapter 5.38 of this title for the particular business shall be in addition to any permit application or processing fees. (Prior code § 6303; Ord. 843 § 1, 1993)

Businesses, professions, trades and occupations requiring a permit under the provisions of this chapter include:

1. Adult entertainment (see also Chapter 5.22);

2. Advertising on benches (see also Chapter 5.20);

3. Ambulances and ambulance drivers (see also Chapter 5.28);

4. Amusement games, rides and booths;

5. Bankrupt stock, bankrupt sales or close-out sales;

6. Billiard and pool halls;

7. Carnival, Circus and Rodeo. No permit shall be granted for any carnival, circus or rodeo unless located within the proper zone therefor;

8. Coin-operated amusement devices;

9. Coin-operated games of skill;

10. Entertainment (see also Chapter 5.45);

11. Food and ice cream vendors and hawkers (see also Chapter 5.40);

12. Fortunetelling (see also Chapter 5.48);

13. Guards and patrolmen (see also Chapter 5.50);

14. Handbill Distributors.

• a. No person shall circulate or distribute, or cause to be circulated or distributed, any commercial handbill within the city except in compliance with the provisions of this title,

• b. Notwithstanding any other provision of this title the contrary, application fees for permits and for annual renewal thereof pertaining to handbill distribution shall be five dollars per person (see also Chapter 5.52);

15. Hawkers, vendors, peddlers and solicitors (see also Chapters 5.40 and 5.54);

16. House-number painter;

17. Locksmith;

18. Massage parlors;

19. Rodeo;

20. Solicitor. Notwithstanding any other provision of this title to the contrary, solicitor permits shall be renewed annually on or before the anniversary date of the issuance of such permit. Notwithstanding any other provision of this title to the contrary, application fees for permits and for the annual renewal thereof pertaining to solicitors shall be five dollars per person;

21. Sound trucks, advertising by (see also Chapter 5.68);

22. Street vendors (see also Chapter 5.54);

23. Taxicab Driver, Annual Renewal; Permit Fee. Notwithstanding any other provision of this title to the contrary, taxicab driver permits shall be renewed annually on or before the anniversary date of the issuance of the permit. Such permit may be renewed by the director of finance, provided he or she has received a favorable report therefor from the law enforcement agency. Notwithstanding any other provision of this title to the contrary, application fees for permits and for the annual renewal thereof pertaining to taxicab drivers shall be five dollars each (see also Chapter 5.70);

24. Taxicab operator.

(Prior code §§ 6305(a)—(c), (e)—(m), (o)—(x), (aa), (cc), (dd), (hh); Ord. 1104 § 4, 2017)

It is the intention of this title to provide a special permit procedure for those businesses enumerated in this title. The omission to enumerate other businesses and activities covered in other sections of the code requiring permits or subject to franchises shall not be deemed or construed as an intention upon the part of the city council to relieve such businesses or occupations from the permit procedure or franchise procedure under which they may be governed by other sections of this code or state law. (Prior code § 6301)

Any permit may be modified, or the terms and provisions of any permit modified, amended or changed upon application and a hearing before the permit hearing board. Such application for a modification shall be processed in the same manner as the original application, and shall be subject to the payment of fees and all the terms and provisions imposed in this title in respect to the processing of the original application. (Prior code § 6306)

• A. Notwithstanding the provisions of Section 5.08.370, providing for the issuance of permits for the aforementioned businesses by the permit hearing board or the city council, the director of finance may issue permits for the hereinafter named businesses without submission of the same to the permit hearing board or the city council when he or she has obtained the necessary clearance from the law enforcement agency, health agency, or other investigating agency, and where he or she has received no evidence indicating that the public health, safety or welfare or the purposes of this title will be injured by the granting of such a permit, and where, in addition, there are no protests or objections to the permit. In the event any of the foregoing should exist, the director of finance must refer the application for a permit to the permit hearing board, or the city council if so directed by the permit hearing board. In addition, the director of finance may refer any of the hereinafter mentioned applications for hearing before the permit hearing board without considering the same him or her or herself, in his or her discretion, and the director of finance must refer all applications for permits for the hereinafter enumerated businesses for hearing before the permit hearing board when the action of the director of finance would be to deny such permit.

• B. This section applies to the following enumerated businesses enumerated in this title:

  1. Adult entertainment (Chapter 5.22);

  2. Advertising by benches, provided in addition, however, that the director of finance shall not authorize the placement of any such bench at a location other than at a regular bus stop (Chapter 5.20);

  3. Ambulance driver (Chapter 5.28);

  4. Ambulances (Chapter 5.28);

5. Amusement games, rides and booths (Chapter 5.30);

6. Bankrupt stock, bankrupt sales or close-out sales;

7. Coin-operated amusement devices (Chapter 5.30);

8. Coin-operated games of skill (Chapter 5.30);

9. Fortunetelling (Chapter 5.48);

10. Guard (Chapter 5.50);

11. Hawkers and retail vendors of food and ice cream products (Chapter 5.54);

12. Locksmith (Chapter 5.58);

13. Motion picture filming and related activities (Chapter 5.61);

14. Pawnbroker (Chapter 5.64);

15. Peddlers (Chapter 5.54);

16. Solicitor (Chapter 5.54);

17. Street vendors (Chapter 5.54);

18. Taxicab driver (Chapter 5.70).

(Prior code § 6307; Ord. 694 § 22, 1985; Ord. 696 § 10, 1985; Ord. 769 § 1, 1990)

• A. The permit hearing board, after hearing, shall have the power to grant or deny a permit. Except as otherwise provided in this title, all special permits required by this title shall be issued only pursuant to hearing before the board, wherein any pertinent evidence shall be received and considered by the board in determining, in accordance with the following principles, whether or not such a permit should be granted or denied. Upon receipt of an application for a permit under this title, the same shall be referred by the director of finance to the appropriate agencies for investigation and report pertaining to relevant zoning, building, health, safety, fire, law enforcement and other factors, and upon receipt of such reports the matter shall be set for hearing before the board upon prior written notice to the applicant of not less than five days, unless the notice should be waived by the applicant.

• B. At the time of the hearing, the board shall consider and hear all reports and any relevant and material evidence. In any such hearing, the applicant shall be given an opportunity to appear either personally or by counsel, and to be heard and to call witnesses on his or her behalf. The hearing may be continued from time to time as determined necessary by the board, or upon request of the applicant upon cause being shown therefor.

• C. If a permit is denied, the license fee paid shall be refunded, but the permit fee shall not be refundable.

• D. The board, or the city council, as the case may be, shall have the right to refuse to grant any permit if it determines that the granting of the same or the conduct of the business will be contrary to the preservation of the public peace, health, safety, morals or welfare of the city or its inhabitants. In addition, no permit shall be granted if:

  1. The granting of the permit would result in the establishment of the use or occupancy of land in violation of the zoning ordinance or zoning law or zoning map of the city;

  2. The granting of the permit would result in an occupancy or use in violation of any other provision or regulation of this code;

  3. The granting of the permit would be contrary to any other standards or provisions of this chapter applicable thereto;

  4. The granting of the permit or occupancy or use pursuant thereto would result in the creation or maintenance of a public nuisance;

  5. The granting of the permit by reason of special or unusual circumstances would be detrimental to the public interest or endanger the public health, safety, morals or welfare;

  6. The applicant therefor is a person unfit to be trusted with the privileges granted by such a permit, and it is in the public interest that he or she not be granted such a permit;

7. The applicant therefor has knowingly made a false statement on a material matter in his or her application, or in his or her testimony before the board or city council and it is, therefor, in the public interest that he or she not be granted such a permit.

• E. In granting any such permit, the board or city council, as the case may be, may in the application of the aforementioned standards and principles, and in order to protect the public peace, health, safety, morals and welfare, impose reasonable conditions or regulations pertaining to the conducting of such business, or the occupancy or use of any land or building in connection therewith, in addition to but not limited by those regulations contained in this title, where necessary in order to protect the public health, safety, morals and welfare.

(Prior code § 6302(b))

No permit issued under this title shall be transferable except by the consent of the council. (Prior code § 6304)

Any license or permit issued under the Business License Law may be revoked or suspended in the following instances:

• A. Where the board has found and determined that the preservation of the public health, safety and peace demand revocation of the license or permit;

• B. Where the licensee or permittee has violated any provisions of the Business License Law or any other provisions of the Pico Rivera Municipal Code, or any other provision of law;

• C. Where a permit or license has been granted on false or fraudulent evidence, testimony or application;

• D. Where the licensee or permittee has violated the terms and provisions of the license or permit.

(Prior code § 6302 (c)(part))

Notwithstanding the foregoing or any other provision of this title to the contrary, licenses issued to chiropractors, laboratory technicians, dentists, medical doctors, opticians, physical therapists, nurses, psychologists, pharmacists, veterinarians, accountants, advertising agencies, architects, landscape architects, building designers, attorneys, barbers, engineers, collection agencies, contractors, cosmetologists, private detectives, funeral directors, shorthand reporters, structural pest-control operators, land surveyors, ship brokers, cleaners and dyers, electronic repair dealers, real estate agents and brokers, marriage counselors, auto dealers, boxers and wrestlers, furniture and bedding dealers and manufacturers, manufacturers of paints, petroleum activities, dealers in secondhand goods, or any other business, profession or trade where the determination of issuance or revocation of the right of any person to engage in such business, profession or trade is vested in a state board or agency, shall be issued upon filing the requisite application and payment of the requisite fees, and shall not be subject to revocation or suspension, except any such licenses may be revoked for nonpayment of fees, or upon revocation of the state board or agency license.

(Prior code § 6302 (c)(part))

• A. No license or permit shall be revoked or suspended until the permittee has had a public hearing before the permit board and has had an opportunity either personally or by counsel, or by both, to defend himself and present evidence on his or her behalf. Such public hearing shall be preceded by reasonable notice as provided in the rules and regulations of the permit board.

• B. Notwithstanding the foregoing, the director of finance may suspend pending such a hearing any license or permit where it has been determined that:

  1. Upon the recommendation of the law enforcement agency or upon the recommendation of the city council that an immediate suspension of the license is necessary for the protection of the public health, safety and welfare;

  2. In the event of such a suspension, the director of finance shall, within twelve hours after the suspension, cause to be served upon the licensee or permittee a written statement containing the grounds for the suspension, and a notice of hearing to show cause before the permit hearing board why such license should not be permanently revoked, which such hearing shall be held not later than five days following the service of the notice.

(Prior code § 6302(d))

• A. Any person aggrieved by the decision of the permit hearing board may appeal from the same by filing with the city clerk within ten days after receiving notification of the decision of the board, a written statement signed by the person so aggrieved, that he or she has elected to appeal from the decision of the board, and that he or she requests a hearing on his or her appeal before the city council. The city clerk shall thereafter set the matter for hearing before the city council within thirty days of the receipt of the notice of appeal. The hearing before the city council may be continued from time to time. The city clerk shall mail a notice to, or personally serve, the person aggrieved, notifying him or her of the time and place of the hearing, notice to be mailed and served not less than five days prior to the hearing.

• B. At the time of the hearing, the city council shall consider the report and the decision of the hearing board, and the record and the evidence heard and submitted to the board. In addition, the city council may by majority action grant the person aggrieved a new hearing de novo before the city council. Following the conclusion of the hearing before the city council, the city council shall render its decision within thirty days. The decision of the city council shall be final.

(Prior code § 6302(e))