Pomona Municipal Code § 30-154 Immediate suspension

Notwithstanding any other section or requirement of this Code to the contrary, no person shall conduct, carry on, participate or engage in or allow or cause others to conduct, carry on, participate or engage in any entertainment business activity or event in the downtown specific plan area without first obtaining and maintaining a valid entertainment business permit therefor and without first providing proper notice to the city of such activity or event as required under section 30-103. A violation of this section or of any other section of this article or of any of the restrictions and requirements of an entertainment business permit is unlawful and constitutes a misdemeanor offense.

(Code 1959, § 24-9; Ord. No. 3935, § 2 (part))

Any application for an entertainment business permit shall contain the following information:

(1) Identification of prospective entertainment business permittee. The identification of the prospective entertainment business permittee in accordance with the following:

a. Individual. If the applicant is an individual, the applicant shall state his legal name including any aliases, address, social security number, driver's license or state personal identification number, and shall submit satisfactory written proof that he is at least 21 years of age.

b. Partnership. If the applicant is a partnership, the partners shall provide the following:

1. The partnership's complete name and address;

2. The names, addresses, social security numbers, and driver's license or state personal identification numbers of all partners;

3. A description of the partners (whether the partnership is a general partnership or a limited partnership);

4. A copy of the partnership agreement; and

5. A federal identification number.

c. Corporation. If the applicant is a corporation, the applicant shall provide its complete name, the state of incorporation, the date of incorporation, evidence that the corporation is in good standing under the laws of the state, names and capacity of all officers and directors. The applicant shall also provide the name and address of the registered corporate agent, the name and address of the registered office for service of process and the federal identification number.

d. Application signature. The applicant, whether an individual or a duly authorized representative of a partnership, corporation, or other entity, shall sign and date the application with the following statement:

I declare, under penalty of perjury, that I have read and understand all of sections 30-101 through 30-154 of the Pomona City Code, that I will operate my business in compliance with all City of Pomona ordinances and regulations and that all of the information I have provided in this application is true and correct to the best of my knowledge.

e. Fictitious name registration. If the applicant intends to operate the business under a name other than that of the applicant, the applicant shall file the fictitious name of the business and show proof of registration of the fictitious name with the business license division as part of the application process.

(2) Type of activity. The applicant shall provide a written statement, signed under penalty of perjury, regarding the kind, character, or type of entertainment business activities or events that the applicant proposes to conduct, operate, or carry on.

(3) Property owners or lessors and possessors or lessees. The applicant shall provide the address where the business will operate and the names, addresses and telephone numbers of the site's owners and/or lessors, as well as such information for the current lessees or tenants in possession. The proposed entertainment business permittee must also provide proof of legal ownership or possession of the site, by submitting copies of the deed or executed lease agreement.

(4) Floor plan. The applicant shall submit a floor plan for review by the chief building official to determine safe occupancy levels. The floor plan shall be dimensioned and drawn to scale. It shall contain information on ingress and egress, as well as proposed seating arrangements within the building. If the applicant intends to use several different seating arrangements, the applicant shall provide information on the different arrangements. If a stage or dance floor is to be employed for any purpose, the applicant shall additionally identify and describe these areas.

(5) Map showing parking and loading areas. An area plan shall be submitted identifying parking areas to be used by customers, including the number of spaces available, and loading areas to be used by the entertainers.

(6) Estimated number of events. The estimated number of events anticipated in one year shall be submitted and used to project service demands and estimate costs.

(7) Entertainment business permit fee. An entertainment business permit fee, which shall be set by separate city council resolution, is required for every application, and no application shall be considered complete without payment of such fee. Nonprofit organizations are exempt.

(Code 1959, § 24-11; Ord. No. 3935, § 2 (part))

(a) Application submittal. The application for an entertainment business permit shall be submitted on a city-approved form, together with all required attachments, to the business license division.

(b) Application completeness. An application is complete if all information required under this division and stated in the application form is provided along with the required nonrefundable application fee. The business license division manager shall review all applications for completeness within five working days of the business license division's receipt thereof. If complete, the business license division manager shall forward copies of the application to the reviewing city divisions and/or departments stated in subsection (c) of this section. If an application is incomplete, the manager shall, within five calendar days of the business license division's receipt thereof, notify the applicant of this determination in writing by first class mail. This notice shall state the reasons for this determination and the required corrective actions.

(c) Application review. Upon receipt of the completed application from the business license manager, each of the following city divisions and/or departments shall, within the time stated in subsection (d) of this section, review and approve application as follows:

(1) Building and safety division review. The building and safety division shall review the application to determine whether the structure in which an entertainment business activity or event is proposed is certified for occupancy and public assembly and is in conformance with all building, plumbing, electrical and mechanical codes and occupancy limitation standards adopted by the city. Upon such findings and determinations of full compliance, the building and safety division shall approve the application.

(2) Planning division review. The planning division manager shall review the application to determine whether the real property and structures in which an entertainment business activity is proposed are in conformance with all city zoning codes and standards, including, without limitation, permitted uses, parking requirements, refuse collection and disposal standards and signage regulations. Upon such findings and determinations of full compliance, the planning division manager shall approve the application.

(3) Police department review. The police chief shall investigate the background and criminal history of the applicant and shall deny the application if his investigation reveals any of the following:

a. False or misleading information. The applicant gave false or misleading information or omitted material facts in the documents and materials submitted during the application process;

b. Use of illegal drugs. The applicant has knowingly or negligently allowed possession, use, or sale of controlled substances while responsible for prior entertainment events in the city within the last 12 months;

c. Tax or fee delinquency. The applicant is delinquent in payment to the city, county, or state for any taxes or fees past due;

d. Violation of conditions of approval. The applicant has committed, or knowingly allowed agents or employees to commit, three or more violations of the conditional use permit within the last 12 months;

e. Illegal activities on premises. The applicant has knowingly or negligently allowed criminal activity to occur at any location of any prior entertainment business events controlled by the applicant. As used in this subsection, the term "criminal activity" shall include the occurrence of acts constituting a felony or which involve moral turpitude or the sale, possession, or unlawful use of a controlled substances or weapons; or

f. Illegal transfer of permit. The applicant has attempted to transfer an entertainment business permit in contravention of section 30-131.

Upon such findings and determinations of full compliance, the police chief shall approve the application.

(d) Review deadline. Each city division or department listed in subsection (c) of this section shall notify the business license division of its determination in writing not more than 15 working days after the application was deemed complete by the business license division.

(e) Application action; issuance of permit. The business license division manager shall complete either of the following actions within 20 working days of the business license division's receipt of a complete application for an entertainment business permit:

(1) Issuance of entertainment business permit. If all reviewing city divisions or departments as stated in this section approve an application, the entertainment business permit shall be issued, and the business license division manager shall mail an entertainment business permit by first class mail to the applicant.

(2) Denial of entertainment business permit. If one or more of the reviewing city divisions or departments as stated in this section disapproves the application, an entertainment business permit shall not be issued, and the business license division manager shall so notify the applicant in writing by first class mail. Such notice shall state the grounds for denial of the entertainment business permit and shall state the applicant's right to appeal therefrom.

(Code 1959, § 24-12; Ord. No. 3935, § 2 (part))

(a) Generally. After denial of an application or renewal application for any entertainment business permit required by this division, the applicant or permittee may seek review by way of an administrative hearing in accordance with this section.

(b) Petition for appeal of denial. If the applicant wishes to challenge the action of the business license division manager, a written appeal petition and a nonrefundable appeal fee, in an amount set by resolution of the city council, must be filed with the city manager within ten calendar days after the action of the business license division manager. However, if the ten calendar days expire on a date that city hall is not open for business, the appeal period shall be extended to the next city business day. Failure to file a timely petition with the city manager, together with the nonrefundable appeal fee, constitutes a complete waiver of the right to appeal and renders the action of the business license division manager final for all purposes. The appeal petition must indicate, in writing, the appellant's objections to the business license division manager's action on the application.

(c) Setting the hearing. The city manager shall appoint a hearing officer to hear the appeal. The hearing officer shall set the matter for hearing within 30 calendar days of receipt of the petition, unless the applicant or permittee consents in writing to an extension. At least ten calendar days prior to such hearing, written notice thereof shall be mailed to the entertainment business permittee by first class mail with a proof of service attached.

(d) Format of hearing. All parties involved shall have the right to:

(1) Offer testimonial, documentary and tangible evidence bearing on the issues;

(2) Be represented by counsel; and

(3) Confront and cross examine witnesses.

Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing scheduled under this section may be continued for a reasonable time for the convenience of a party or witness, provided the applicant or permittee consents in writing.

(e) Hearing determination. The hearing officer shall make a final determination as to whether the applicant has met all conditions, restrictions and requirements set forth in this article, supported by written findings, within five working days after the hearing pursuant to this section. No later than three working days of the hearing officer's decision, notice of the decision and a copy thereof shall be mailed by first class mail to the appellant.

(f) Judicial review. The decision of the hearing officer shall be final, and the applicant or permittee may seek judicial review of the hearing officer's decision in accordance with Code of Civil Procedure § 1094.8 or as otherwise permitted by law. The applicant or permittee shall be so notified in the hearing officer's notice of decision. If the applicant or permittee provides written notification to the city of his intent to seek judicial review under Code of Civil Procedure § 1094.8, the city attorney shall, in accordance with Code of Civil Procedure § 1094.8(d)(1), prepare, certify and make available the administrative record to the applicant or permittee within five working days of receipt of such written notification or as such term may be modified from time to time by the state.

(Code 1959, § 24-13; Ord. No. 3935, § 2 (part))

It shall be unlawful for any entertainment business to conduct an entertainment activity or event without paying all required fees. The entertainment business permit fee shall recover costs associated with the review and administration of this article and the provision of an areawide security and cleanup program. A deposit fee shall be collected prior to submittal of an application. Additional fees may be required during the term of the entertainment business permit to recover costs associated with provision of the areawide security and cleanup programs. No entertainment business shall conduct an entertainment business activity or event unless all entertainment business permit fees are current. Nonprofit organizations are exempt.

(Code 1959, § 24-20; Ord. No. 3935, § 2 (part))

(a) Site specific. Entertainment business permits are site specific. A permittee shall not operate an entertainment business under the authority of an entertainment business permit at any place other than the address of the entertainment business activity or event stated in the application for the permit.

(b) Transferability. Transfer of ownership or control of an entertainment business permit to another person is prohibited and unlawful.

(c) Compliance with article. Any attempt to transfer a permit either directly or indirectly in violation of this article shall be grounds for the permit to be declared void and unlawful and shall be revocable on this basis.

(Code 1959, § 24-18; Ord. No. 3935, § 2 (part))

The city may suspend an entertainment business permit under the procedures set forth in sections 30-153 and 30-154 for a period not to exceed 30 calendar days if the hearing officer determines that a permittee has violated or is not in compliance with any section of this article.

(Code 1959, § 24-14; Ord. No. 3935, § 2 (part))

(a) Optional revocation. The city may revoke an entertainment business permit, under the procedures set forth in section 30-153, if cause for suspension as stated in section 30-151 arises and the permit has been previously suspended within the preceding 12 months.

(b) Mandatory revocation. The city shall commence revocation proceedings to revoke an entertainment business permit under the procedures set forth in section if it determines that:

(1) False or misleading information. An entertainment business permittee gave false or misleading information or omitted material facts in the documents and materials submitted during the application process;

(2) Use of illegal drugs. An entertainment business permittee has knowingly allowed possession, use, or sale of controlled substances on the premises while responsible for prior entertainment events in the city within the last 12 months;

(3) Tax or fee delinquency. An entertainment business permittee is delinquent in payment to the city, county, or state for any taxes or fees past due;

(4) Violation of the restrictions and requirements. An entertainment business permittee has committed or allowed agents or employees to commit three or more violations of this article within the last 12 months;

(5) Illegal activities on the premises. An entertainment business permittee has knowingly or negligently allowed criminal activity to occur at any location of any prior entertainment business events controlled by the applicant. As used in this subsection, the term "criminal activity" shall include the occurrence of acts constituting a felony or which involve moral turpitude or the sale, possession, or unlawful use of controlled substances or weapons; or

(6) Illegal transfer of permit. An entertainment business permittee has attempted to transfer the entertainment business permit to another person in contravention of section 30-131.

(c) Duration of revocation. When the city revokes a permit, the revocation shall continue for a period of one calendar year from the date of actual revocation, the entertainment business permittee shall not be issued a new entertainment business permit during such one-year revocation period, and no entertainment permit shall be issued for that location during such one-year period.

(Code 1959, § 24-15; Ord. No. 3935, § 2 (part))

(a) Scope. This section shall govern the suspension and/or revocation of entertainment business permits issued pursuant to this division.

(b) Determination of cause. Whenever any person operating under a valid entertainment business permit violates, causes, permits or allows to be violated any section, condition or requirement of this article or of any permit granted under this division or any other state or municipal law relating to or regulating such business, the city may suspend or revoke such permit under the procedures, provisions and requirements stated in this subdivision. If such cause for suspension or revocation exists, the chief of police, the planning manager or the building and safety division shall file written charges and submit them to the city manager for the setting of a hearing pursuant to the procedures set forth in this section.

(c) Setting the matter for hearing. Upon the receipt of the written charges, the city manager shall appoint a hearing officer. The hearing officer shall set the matter for hearing within 30 days of the filing of the written charges.

(d) Notice to appear. The hearing officer shall give notice to the permittee to appear before the hearing officer at the time and place set forth in such notice to show cause why the permit issued to such permittee should not be revoked or suspended. Such notice shall state the grounds for complaint or reasons for the proposed revocation or suspension and shall be served upon the permittee not less than ten calendar days prior to the date set for the hearing.

(e) Hearing format. The hearing officer shall hold a hearing at the time set and may make evidentiary rulings. The permittee may appear personally or by counsel. All parties involved shall have the right to:

(1) Offer testimonial, documentary and tangible evidence bearing on the issues;

(2) Be represented by counsel; and

(3) Confront and cross examine witnesses.

All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs.

(f) Continuation of hearing. Any hearing held under this section may be continued for a reasonable time for the convenience of a party or witness, in the discretion of the hearing officer.

(g) Results of suspension hearing. After holding a hearing to determine whether a suspension is warranted and upon determining that there are sufficient grounds for a suspension, the hearing officer shall impose one of the following penalties: either a suspension or a written warning. The appropriate penalty shall be based upon the severity of the violation. In addition, the hearing officer may, in conjunction with the issuance of a warning or the suspension of a permit, order the permittee to take corrective action. The suspension of the permit shall be for a specified period of time, not to exceed 30 calendar days or the completion of the corrective action, whichever is longer. This subsection does not apply to revocation hearings.

(h) Decision of hearing officer. The hearing officer shall, within ten working days from the submission of the matter for decision, render a written decision supported by written findings. Notice of the hearing officer's decision shall be mailed by first class mail to the permittee within five working days by the business license division manager. The decision becomes effective three working days after notice of the decision has been mailed by the city. Any notice of the decision suspending or revoking a permit issued pursuant to this division shall contain the substance of the following statement:

You are hereby notified that the time within which judicial review of this decision may be sought is governed by California Code of Civil Procedure § 1094.8.

(i) Judicial review time limits. Judicial review time limits shall be as follows:

(1) The permittee may seek judicial review of the hearing officer's decision in accordance with Code of Civil Procedure § 1094.8 or as otherwise permitted by law.

(2) If the applicant or permittee provides written notification to the city of his intent to seek judicial review under Code of Civil Procedure § 1094.8, the city attorney shall, in accordance with Code of Civil Procedure § 1094.8(d)(1), prepare, certify and make available the administrative record to the applicant or permittee within five working days of receipt of such written notification or as such term may be modified from time to time by the state.

(Code 1959, § 24-16; Ord. No. 3935, § 2 (part))

(a) Authority. The chief of police or building and safety division may suspend any entertainment business permit without previous notice and pending a hearing within 48 hours when it appears to such officials that the immediate suspension of any permit is necessary to prevent an imminent and substantial danger or hazard to the public health, safety or welfare. If an immediate suspension occurs, the chief of police or the building and safety division may, prior to a hearing, make such orders as are necessary to protect the public or other persons from the imminent hazard, including, without limitation, the immediate cessation of the entertainment business activity and the removal of all persons from the structure.

(b) Written notice. At the time of the suspension of the permit, the permittee shall be served with a written statement containing the reasons for such suspension and giving notice of the time and place for the hearing thereon before the hearing officer appointed by the city manager.

(c) Hearing of charges. The hearing of the charges upon which the suspension was based shall be held not later than 48 hours after such suspension unless an extension of time therefor is requested by the permittee, in which event the hearing will be held not later than 15 days after suspension.

(d) Procedure. The remainder of the hearing procedures shall be as set forth in section 30-153.

(Code 1959, § 24-17; Ord. No. 3935, § 2 (part))