Rancho Palos Verdes Municipal Code Ch. 5.10 Business and Occupation Permits

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adult entertainment business means any of the following:

1. Adult arcade means any place to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration, electronically, electrically, or mechanically controlled still or motion picture machines, projectors, computers, video or laser disc players, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

2. Adult bookstore, adult novelty store, or adult video store means an establishment which as a regular and substantial course of conduct offers for sale, rent, or viewing for any form of consideration either adult entertainment material, adult entertainment merchandise, or both. A commercial establishment may have other business purposes that do not involve the offering for sale or rental of adult entertainment material and/or adult entertainment merchandise and still be categorized as an adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as the establishment offers for sale, rent or viewing as a regular and substantial course of conduct either adult entertainment material, adult entertainment merchandise, or both.

3. Adult cabaret means an establishment that serves food or beverages and that, for any form of consideration, as a regular and substantial course of conduct presents:

a. Persons who appear nude or semi-nude; or

b. Live performances which are characterized by specified sexual activities.

4. Adult model studio means a business which provides, for any pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration. The term "adult model studio" does not include schools maintained pursuant to standards set by the state board of education.

5. Adult motel means a hotel, motel or similar commercial establishment which:

a. Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of these adult types of photographic reproductions;

b. Offers a guest/sleeping room for rent for a period of time that is less than ten hours;

c. Rents, leases or lets any single guest/sleeping room more than twice in any 24-hour period; or

d. Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.

6. Adult motion picture theater means an establishment which, for any form of consideration, as a regular and substantial portion of conduct, offers films, computer-generated images, motion pictures, video cassettes, slides, or other photographic reproductions to six or more persons which are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

7. Adult theater means an establishment which regularly features persons who appear nude or semi-nude or presents live performances that are characterized by an emphasis upon specified sexual activities.

8. Sexual encounter center means a business or commercial enterprise that, for any form of consideration, as one of its principal business purposes, offers either of the following:

a. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

b. Activities between male and female persons and/or persons of the same sex when one or more of the persons is nude or semi-nude.

9. Other means any business or establishment that, for any form of consideration, as a regular and substantial portion of conduct, offers to its patrons products, merchandise, services or entertainment characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

Adult entertainment material means any book, periodical, magazine, photograph, drawing, sculpture, motion-picture film, videotape recording, or other visual representation, characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

Adult entertainment merchandise means adult entertainment implements or paraphernalia, such as, but not limited to, dildos; auto sucks; vibrators; edible underwear; Ben Wa balls; inflatable orifices; anatomical balloons with orifices; simulated vaginas and similar adult entertainment devices that are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.

Characterized by an emphasis upon means the dominant or essential theme of the object described by such phrase.

Constitutionally protected expressive activity means any activity protected by the First Amendment to the United States Constitution or Calif. Const. art. 1, § 2.

Director means the assistant city manager or their designee.

Entertainer means a person who, for any form of consideration, performs at an adult entertainment business. Such persons shall constitute entertainers regardless of their legal relationship (e.g., employee, owner or independent contractor) with the adult entertainment business.

Nude, nudity or a state of nudity means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.

Permittee means any person holding a business permit pursuant to this chapter.

Person means any individual, firm, business, partnership, corporation, cooperative, company, association, joint stock association, church, religious sect, religious denomination, society, organization, or league and shall include any trustee, receiver, assignee, agent, solicitor, or other similar representative thereof.

Regular and substantial course of conduct and regular and substantial portion of business mean that any of the following conditions exist:

1. At least 20 percent of the stock-in-trade is devoted to adult entertainment material, adult entertainment merchandise, or both; provided, however, that this criteria shall not apply to mail order businesses or wholesale businesses with no patrons on the premises.

2. At least 20 percent of the total display area is devoted to adult entertainment material, adult entertainment merchandise, or both; provided, however, that this criteria shall not apply to mail order businesses or wholesale businesses with no patrons on the premises.

3. The business presents any type of entertainment, live or otherwise, characterized by an emphasis on specified sexual activities or featuring any nude or semi-nude person on any four or more separate days within any 30-day period.

4. At least 20 percent of the gross receipts of the business are derived from the sale, trade, rental, display or presentation of services, products, materials or entertainment which is characterized by an emphasis on specified sexual activities or the exposure of specified anatomical areas.

Semi-nude means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.

Show includes a carnival, tent show, or show in the open air, or in a hall or building not specifically constructed for theatrical purposes.

Solicitor means a person engaged in soliciting as it is defined in section 5.20.010 (Definitions) of this title. Any person exempt from the permit requirements in chapter 5.20 (Solicitation) of this title, by virtue of section 5.20.030 (Manner of solicitation), is exempt from the definition of solicitor in this section and in this chapter.

Specified anatomical area means the following:

1. Less than completely and opaquely covered human:

a. Genitals or pubic region;

b. Buttocks; and

c. Female breast below a point immediately above the top of the areola;

2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered;

3. Any device, costume or covering that simulates any of the body parts included in subsection (1) or (2) of this definition.

Specified criminal activity means any of the following offenses:

1. Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography, public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual assault; molestation of a child; gambling; distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other states or countries;

2. For which:

a. Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;

b. Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or

c. Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24 month period;

3. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.

Specified sexual activities means the following, whether performed directly or indirectly through clothing or other covering:

1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;

2. Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;

3. Masturbation, actual or simulated;

4. Excretory functions as part of, or in connection with, any of the other activities described in subsections (1) through (3) of this definition.

(Code 1981, § 5.10.010; Ord. No. 399, § 2(part), 2003; Ord. No. 445, §§ 5, 6, 2006; Ord. No. 449U, §§ 5, 6, 2006; Ord. No. 489, §§ 1, 2, 6-16-2009; Ord. No. 544, § 3, 2-5-2013; Ord. No. 601U, § 3, 11-8-2017)

A. No person shall commence, conduct, or purport to commence or conduct business activities within the boundaries of the city without possessing a valid business permit issued pursuant to this chapter.

B. No person may advertise or announce a business activity located in the city for which a business permit is required by this Code until they have obtained a business permit, when required by this Code. For the purposes of this chapter, the term "advertising" or "announcement" includes, but is not limited to, disseminating pamphlets or handbills, publishing newspaper announcements, and broadcasting advertisements on radio, television, the Internet, or by any other communication device.

C. When any person is engaged in more than one business activity for which a business permit is required in a single location, that person shall be deemed to be conducting each business activity separate and apart from each other business activity even if the separate business activities constitute a single business.

D. No business permit issued by the city pursuant to this chapter shall be construed as authorizing any conduct of or continuance of any illegal or unlawful business or practice, or the furnishing, sale, or provisioning of any service, good, or product that is illegal or prohibited under the laws of the United States, the laws of the State of California, the federal and state constitutions, this Code, or any other applicable law, ordinance, rule or regulation. Any such business permit shall be void.

E. The director shall keep all applications and related records for business permits under this chapter.

(Code 1981, § 5.10.020; Ord. No. 399, § 2(part), 2003; Ord. No. 434, § 1, 2006; Ord. No. 435U, § 1, 2006; Ord. No. 449U, § 7, 2006; Ord. No. 450, § 2, 2006; Ord. No. 451U, § 2, 2006; Ord. No. 544, § 4, 2-5-2013; Ord. No. 647U, § 4, 5-4-2021; Ord. No. 648, § 3, 5-18-2021)

A. Application. Applications for business permits shall be filed with the director and shall comply with the following requirements:

1. Applications shall be filed a minimum of 15 calendar days prior to the date requested for issuance of the permit.

2. Applications shall be accompanied by a fee in an amount prescribed by resolution of the city council.

3. Applications shall be completed on a form designated by the city and shall be signed by the applicant under penalty of perjury.

4. The applicant shall authorize the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application.

5. The applicant shall obtain all other required permits or approvals from the city, including, but not limited to, a business license pursuant to the provisions of chapter 5.04 (Business licenses) of this title, prior to or contemporaneously with submitting the application to the director.

B. Contents of application form and renewal application form. Applications for business permits and renewal application for business permits shall contain the following information:

1. Identification of the applicant, including the name of the business and the name of all owners of the business. Where the applicant is a corporation, association, partnership, limited partnership or other legal entity, the term "applicant" shall mean each partner, officer, director, and each shareholder owning or controlling more than ten percent of such entity. The term "applicant" shall also mean each partner, officer, director, and any shareholder owning or controlling more than ten percent of any corporation, association, partnership, limited partnership or other legal entity that is an officer, director, shareholder, general partner or managing partner of any such entity that comprises the applicant. Rules and regulations governing the procedure for fingerprinting and photo identification, where such fingerprinting and photo identification is required by an application for a particular business permit, shall be established by the county sheriff's department, license detail. A business permit may be issued to a corporation or to a person operating under a fictitious name who has complied with all of the applicable provisions of the Business and Professions Code of this state. In all other cases, a business permit must be obtained in the true name of the individual, or individuals, so applying;

2. A complete description of the business activity proposed to be operated, and the location of such proposed business activity, including the address, telephone number and zone;

3. The name, address and telephone number of the property owner;

4. The previous use of the property or business, the length of time the building was vacant, and whether there are existing signs on the building;

5. Any changes in signage proposed by the applicant;

6. The number of parking spaces and handicap spaces;

7. The presence and type of landscaping;

8. The presence of trash enclosures;

9. The number of employees;

10. The date the business is expected to open;

11. The proposed hours of operation;

12. An affirmation by the applicant that the business will not be an illegal or unlawful business or practice, and that it will not furnish or provide any service, good, or product that is illegal or prohibited under the laws of the United States, the laws of the state, the federal and state constitutions, this Code, or any other applicable law, ordinance, rule or regulation; and

13. Any additional information required for the permitting of a particular business when such additional information is specifically required pursuant to other provisions of this title.

C. Review by director.

1. An application that is not complete shall be returned to the applicant along with a list of the deficiencies within 15 calendar days of receipt of the application. The application shall be deemed abandoned if, within ten calendar days from the first class mailing of any notice from the city, the application is not received by the city with all of its defects entirely corrected. As a courtesy to the applicant, upon request of the applicant, the director shall grant the applicant an extension of time of ten business days to complete the application properly. The time period for granting or denying the requested permit shall be stayed during the period in which the applicant is granted an extension of time. Unless the applicant requests an extension of time pursuant to this subsection, nothing in this section shall be construed to relieve the director of the duty to make a decision within the time limits set forth in subsection D of this section.

2. Once a completed application is filed, and the applicant pays the prescribed fee, the director shall initiate an investigation of facts for each business permit application with the appropriate city and county agencies designated to review such applications. This departmental review process shall ensure that the action on each business permit application is consistent with the intent and purpose of this title. Upon completion of the investigation, the director shall review, and either approve or deny, the application. If the application is denied, the grounds for denial shall be based upon the provisions of section 5.10.060 of this chapter, and the director shall attach to the notice a statement of the reasons for the denial. Notice of the director's decision shall be mailed by certified or registered mail or personally delivered to the applicant within three business days of the date of the decision. For businesses involving constitutionally protected expressive activities, the decision to approve or deny the application shall be made within 15 calendar days after the filing of a completed application. For business activities that do not involve constitutionally protected expressive activities, the decision to approve or deny the application shall be made within 30 calendar days after the filing of the completed application. The time periods specified herein shall not be extended except upon the written consent of the applicant.

D. Appeal of director's decision.

1. Within 30 calendar days after the date of the director's decision, any interested person may appeal the decision to the city manager. The appeal shall set forth the grounds for the appeal and shall be accompanied by an appeal fee in an amount prescribed by resolution of the city council. A timely appeal accompanied by the required fee shall automatically entitle the aggrieved party to a hearing before the city manager.

2. The hearing shall be held and action taken not less than 14 days nor more than 30 calendar days after the timely filing of a complete appeal, unless the applicant requests an extension.

3. Notice of the hearing shall be given at least ten calendar days prior to the hearing in the following manner:

a. Notice of the appeal hearing shall be posted in city offices in accordance with the city's standard procedures for posting agendas and notices and shall include the time, place and date set for hearing as well as the business activity proposed to be operated, and the location of operation of such proposed business activity.

b. Notice of the appeal hearing shall be posted on the site where the proposed business activity is to be located and upon the street on which the proposed business activity is to be located. Such notice shall include the information specified in subsection (D)(3)(a) of this section.

c. Notice shall be mailed, postage prepaid by the appellant, to the owners and tenants of the properties within a radius of 500 feet of the exterior boundaries of the property involved in the application. For this purpose, the appellant shall provide a radius map, a mailing list and mailing labels that include the last-known name and address of such owners as obtained from the last equalized assessment roll or from such other records of the county assessor or tax collector that contain more recent addresses. The appellant shall sign an affidavit verifying the authenticity and accuracy of the list.

4. At the time set for the hearing, or at the date to which the hearing may be continued, the city manager shall hear the applicant, who may present any facts to show why the permit should be granted, and shall hear testimony from all other interested persons who attend the hearing to present reasons why the permit should or should not be granted. Any interested person, at any time after the filing of the appeal and before the close of the public hearing regarding such appeal, may file with the city clerk written letters of support or protest, for or against the granting of such application. Any interested person, including the applicant, has the right to be represented by legal counsel at the hearing. The city manager, in considering the application and the appeal, shall give consideration to all relevant documents filed and all relevant testimony given at the hearing.

5. Within seven calendar days after the conclusion of the hearing, the city manager shall adopt and issue a written decision approving or denying an application for business activities involving constitutionally protected expressive activities. For business activities which do not involve constitutionally protected expressive activities, the city manager shall adopt and issue a written decision approving or denying an application within 30 calendar days after the conclusion of the hearing. Any decision to deny a permit application shall be based on the grounds set forth in section 5.10.040 of this chapter. Notice of the city manager's decision shall be mailed by certified or registered mail or personally delivered to the applicant.

6. The decision of the city manager shall be final.

E. Issuance of permit. The operative date for a business permit shall be the date of final approval of the application by the director or city manager.

F. Information required to be updated. The applicant is required to notify the director of any change in facts or information presented in the application within ten calendar days after such change.

G. Denial of permit. 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 one-year period after the denial unless the director or city manager, at the time of the denial, states that the denial was without prejudice to the applicant's right to file another application within the one-year period or unless the director determines that the reason for the denial has been cured and no longer exists.

(Code 1981, § 5.10.030; Ord. No. 399, § 2(part), 2003; Ord. No. 449U, § 8, 2006)

A. Business activities involving constitutionally protected expressive activities. The city manager or director shall approve a business permit application for business permit activities involving constitutionally protected expressive activities, or applications to manage such activities, unless any of the following findings are made:

1. The applicant has failed to complete the application;

2. 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 laws of the state or the city;

3. 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; or

4. The business is an illegal or unlawful business or practice under the laws of the United States, the laws of the state, the federal and state constitutions, this Code, or any other applicable law, ordinance, rule or regulation; or involves the furnishing, sale, or provisioning of any service, good, or product that is illegal or prohibited under the laws of the United States, the laws of the state, the federal and state constitutions, this Code, or any other applicable law, ordinance, rule or regulation; or the business, or any part, conduct, or aspect of the business, is prohibited in the particular location or zone by any law, statute, rule, or regulation.

B. Business activities not involving constitutionally protected expressive activities. The city manager or director shall approve a business permit application for business activities not involving first amendment activities, or applications to manage such activities, unless any of the following findings are made:

1. The applicant has failed to complete the application;

2. 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 laws of the state or the city;

3. 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;

4. The business is an illegal or unlawful business or practice under the laws of the United States, the laws of the state, the federal and state constitutions, this Code, or any other applicable law, ordinance, rule or regulation; or involves the furnishing, sale, or provisioning of any service, good, or product that is illegal or prohibited under the laws of the United States, the laws of the state, the federal and state constitutions, this Code, or any other applicable law, ordinance, rule or regulation; or the business, or any part, conduct, or aspect of the business, is prohibited in the particular location or zone by any law, statute, rule, or regulation;

5. The applicant is found to have committed a crime involving moral turpitude that is substantially related to the business activity for which the permit is being sought;

6. The applicant, their agent or employee, or any person connected or associated with the applicant as partner, owner, director, officer, stockholder, associate or manager, has committed, assisted in, or incited the commission of any act, or act of omission, which would be grounds for disciplinary action under this chapter if committed by a permittee;

7. The applicant, their agent or employee, or any person connected or associated with the applicant as partner, owner, director, officer, stockholder, associate or manager, has been subject to enforcement actions by another governmental agency in connection with their operation of a similar business activity for which the permit is being sought; or

8. The establishment of the business will be detrimental to the public health, safety or welfare of the community.

(Code 1981, § 5.10.040; Ord. No. 399, § 2(part), 2003; Ord. No. 449U, §§ 9, 10, 2006)

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 that valid original permit issued to the applicant posted and exhibited in a place of public view in the business.

B. Carrying. Every person required to have a business permit pursuant to the provisions of this chapter and not having a fixed place of business shall carry the valid original permit issued to the applicant 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 and exhibit the permit when requested by any city official authorized to issue, inspect or collect permits and permit fees, or authorized to enforce the provisions of this chapter or of this Code.

D. Lost or stolen permits. A permittee must report the loss or theft of any permit to the director, whether in the form of a sticker, tag, card or paper, or otherwise. The director shall issue the permittee a duplicate permit and shall cancel the lost or stolen permit upon the payment of a prescribed fee.

(Code 1981, § 5.10.050; Ord. No. 399, § 2(part), 2003)

A. Except as otherwise provided in this title, all business permits shall be issued for one year and must be renewed annually. Renewal permit applications, along with payment of the fee, shall be filed with the director a minimum of 30 calendar days prior to expiration of any existing permit. When an applicant submits a timely business permit renewal application pursuant to this section, if renewed, the permit shall be effective upon the expiration of the old permit.

B. The director may accept an application for renewal after the time specified in subsection A of this section, if it is filed not later than 60 calendar days after the expiration of the existing permit and the director finds that a serious illness that required hospitalization or confinement to bed, or other unforeseen and extraordinary circumstances, prevented a timely renewal application from being filed. When an application is submitted pursuant to this section, the fee shall be equal to the renewal fee established by resolution of the city council, plus a late penalty of 25 percent thereof. Such application shall give the applicant no greater rights than the filing of an application for a new permit. If an applicant fails to submit a timely application, or if the director does not find that circumstances existed to justify the late filing of an application for renewal pursuant to this subsection, then the applicant shall cease operation of the business activity immediately.

C. Except as otherwise provided for 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, at the time the application is submitted. The applicant may apply for a new permit if not prohibited from doing so by any other provision of this chapter, accompanied by the required fee for a new permit.

D. Notwithstanding any other provisions of this section, the director shall review a business permit renewal application in the manner prescribed in section 5.10.030(C) if the city has received a request for such review from one of the departments or officers of the city. Any interested person may appeal the director's decision to the city manager in the manner prescribed in section 5.10.030(D).

(Code 1981, § 5.10.060; Ord. No. 399, § 2(part), 2003)

A. Transfers of ownership. A new business permit is required whenever there is a transfer in ownership of a business that is required to have a permit issued under section 5.10.020. If there is no change in the nature or scope of business or in the business location, and if the previous owner has a valid business permit at the time of transfer, the new permit shall be issued upon filing of a complete application and payment of all required fees and taxes. For the purposes of this subsection, the director may issue a new permit even without obtaining the concurrence of other agencies. However, if the original business permit application process required the business owner or manager to be fingerprinted and/or a background investigation to be conducted, then the new business owner or manager must also be fingerprinted and the new permit shall be subject to the sheriff's concurrence following a background investigation. The following transactions shall be considered transfers:

1. The addition or withdrawal of a new partner;

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, unless the owner of the corporation and the individual are the same person;

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

8. The transfer of a majority share of stock in a corporation from one shareholder to another.

B. Change of name. A new business permit is required whenever there is a change of name of a business that is required to have a permit under section 5.10.020. If there is no transfer of ownership or change in the nature or scope of business or in the business location and if the permittee operating under the previous name has a valid business permit at the time of the change of name, the new permit shall be issued upon filing of a complete application and payment of all required fees and taxes. For the purposes of this subsection, the director may issue a new permit without obtaining the concurrence of other agencies.

C. Change of location. A new business permit is required whenever there is a change in location of a business that is required to have a permit under section 5.10.020.

D. Change in business. A new business permit is required whenever there is a change in the nature or scope if the business that is required to have a permit pursuant to section 5.10.020.

E. Report to director. A permittee shall notify the director of any transfer in ownership, change of name, change of location, or change in the nature or scope of the business within ten calendar days after such transfer or change.

(Code 1981, § 5.10.070; Ord. No. 399, § 2(part), 2003)

Any permit issued by the director or city manager under this chapter may be modified, suspended or revoked for cause by a hearing officer in accordance with the provisions of this section. The hearing officer shall be selected in a manner ensuring fair and impartial decision-making. Not less than 15 days prior to the public hearing, the city clerk shall notify the director or city manager and the permittee of the names of three qualified attorneys or retired superior court or appellate court judges submitted to the city clerk by a reputable firm providing mediators or arbitrators to serve as a panel from which the hearing officer is selected. Within five days of the date of mailing or providing the notice of the available panel, the director or city manager and permittee may notify the city clerk in writing that they elect to remove one of the three potential hearing officers. The city clerk shall then request the mediation and arbitration firm to select one of the remaining names on the list as the designated hearing officer for the public hearing, if more than one name remains. The hearing officer shall have no bias for or against the director or the permittee.

A. A public hearing to determine whether or not an existing permit should be modified, suspended or revoked shall be initiated by a written statement of charges. Such statement may be initiated by any department of the city or any agency required to review or inspect the permitted activity for compliance with city regulations. Such statement shall be submitted to the director.

B. If the director determines that the charges demonstrate that there may be an adverse impact of the business on the public health, safety or welfare, notice of the public hearing on the charges shall be given at least ten calendar days prior to the hearing in the following manner:

1. Notice of the public hearing shall be posted in the manner required by law and shall include the time, place and date set for hearing as well as the business activity proposed to be operated, and the location of operation of such proposed business activity.

2. Notice of the public hearing shall be posted on the site on which the proposed business activity is to be located and upon the street on which the proposed business activity is to be located. Such notice shall include the information specified in section 5.10.030(D)(3)(a).

3. Notice of the public hearing shall be mailed by certified or registered mail or personally delivered to the permittee. Notice of the public hearing shall also be mailed to the owners and tenants of the properties within a radius of 500 feet of the exterior boundaries of the property involved in the application.

C. At the public hearing, the permittee or legal representative of the permittee shall have the right to bring witnesses to testify on their behalf. Hearings need not be conducted according to technical rules relating to evidence and witnesses.

D. Within 30 calendar days after the conclusion of the public hearing, the hearing officer shall issue a written decision. The decision shall contain a determination of the issues presented. Any decision to modify, suspend or revoke a permit shall be based on the grounds set forth in section 5.10.090. Notice of the hearing officer's decision shall be mailed by certified or registered mail or personally delivered to the permittee.

E. Whenever a permit is suspended or revoked, the director or county sheriff shall take into possession the business permit for the subject business activity. The permittee shall surrender the business permit, permit stickers, or similar evidence of a permit to the director or to the county sheriff. No business permit fee refunds shall be issued to any permittee upon suspension or revocation of a business permit.

F. Upon revocation or suspension of a business permit, the permittee shall cease operation of the business activity immediately. Except as otherwise provided, in the event that the permit is suspended, the permittee may resume operation once the suspension period has expired.

G. Upon revocation of any business permit under this chapter, no business permit to operate the same business activity shall be granted to the same person within one year after such revocation.

(Code 1981, § 5.10.080; Ord. No. 399, § 2(part), 2003; Ord. No. 489, § 3, 6-16-2009)

A. Businesses involving constitutionally protected expressive activities. The hearing officer may modify, suspend or revoke a business permit for any business activity involving first amendment activities if the hearing officer finds that one or more of the following conditions exist:

1. The building, structure, premises or equipment used to conduct the business activity fails to comply with any applicable health, zoning, fire, and building and safety laws of the state or the city;

2. The permittee has knowingly made any false, misleading or fraudulent statement of material fact in the application for a business permit, or in any report or statement required to be filed with the director or the city;

3. The permittee, their employees, agents or manager has violated any statute or any provision of this Code resulting from any act performed in the exercise of any rights permitted by the issuance of the permit that is being considered for modification, suspension or revocation;

4. The permittee, their employees, agents or manager, has violated any provision of federal or state law or any provision of this Code or any other rule or regulation on the business premises or relating to the permitted activity;

5. The permittee, their employees, agents or manager has published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the permitted business;

6. The permittee has failed or refused to notify the director of any change in facts as required by this chapter within ten calendar days after such change;

7. The permittee, their employees, agents or manager has violated any conditions or restrictions imposed on the permit;

8. The permittee, their employees, agents or manager has permitted, allowed or failed to prevent the use of the business as a base or magnet for unlawful or criminal activity, including, but not limited to, prostitution and drug trafficking; or

9. The permittee fails to permit the city or any authorized authorities to conduct the inspections authorized by section 5.10.100(C) or any other inspection authorized by this Code.

B. Businesses which do not involve constitutionally protected expressive activities. The hearing officer may modify, suspend or revoke a business permit for any business activity not involving first amendment activities if the hearing officer finds that one or more of the following conditions exist:

1. The building, structure, premises or equipment used to conduct the business activity fails to comply with any applicable health, zoning, fire, and building and safety laws of the state or the city;

2. The permittee has knowingly made any false, misleading or fraudulent statement of material fact in the application for a business permit, or in any report or statement required to be filed with the director or the city;

3. The permittee, their employees, agents or manager has violated any statute or any provision of this Code resulting from any act performed in the exercise of any rights permitted by the issuance of the permit that is being considered for modification, suspension or revocation;

4. The permittee, their employees, agents or manager, has violated any provision of federal or state law or any provision of this Code or any other rule or regulation on the business premises or relating to the permitted activity;

5. The permittee, their employees, agents or manager has published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the permitted business;

6. The permittee has failed or refused to notify the director of any change in facts as required by this chapter within ten calendar days after such change;

7. The permittee, their employees, agents or manager has violated any conditions or restrictions imposed on the permit;

8. The permittee, their employees, agents or manager has been found to have committed a crime of moral turpitude that bears a substantial relationship to the conduct of the business activity;

9. The permittee, their employees, agents or manager has been held liable or convicted of any offense involving the maintenance of a nuisance resulting from any act performed in the exercise of any rights permitted by the issuance of the permit;

10. The permittee, their employees, agents or manager has violated any rule or regulation adopted by the city or any other governmental agency relating to the permittee's business;

11. The permittee, their employees, agents or manager has conducted the permitted business in a manner contrary to the peace, health, safety and the general welfare of the public, including, without limitation, by allowing or failing to prevent the use of the business as a base or magnet for unlawful or criminal activity;

12. The permittee fails to permit the city or any authorized authorities to conduct the inspections authorized by section 5.10.100(C) or any other inspection authorized by this Code.

C. Automatic suspension upon lapse of insurance. Whenever an applicant for any business permit is required to procure, post or maintain in effect any bond, undertaking, deposit, surety or policy of insurance, any business permit so issued is good only while such bond, undertaking, deposit, surety or policy of insurance is in full force and effect. The permit shall automatically be suspended without notice if at any time such bond, undertaking, deposit, surety or policy of insurance is not in full force and effect. The director shall notify the permittee in writing of any suspension pursuant to this section. Within ten calendar days after the date of such notice, the permittee may request in writing a hearing before a hearing officer. The hearing officer shall hold a public hearing in a manner consistent with section 5.10.080(B), and as indicated by the evidence received at the hearing, may modify or revoke the permit or terminate the suspension and restore the permit. If the permittee does not request a hearing, the permit is automatically revoked at the end of ten calendar days following the notification of suspension.

(Code 1981, § 5.10.090; Ord. No. 399, § 2(part), 2003; Ord. No. 489, § 4, 6-16-2009)

A. General conditions. The director or city council may condition any business permit if it finds that grounds for denial, modification, suspension or revocation of a business permit 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, their agent, manager or employees has failed to maintain the premises in a neat and clean condition and have allowed the business premises to deteriorate and become blighted;

2. The permittee, their agent, manager or employees has allowed, or failed to prevent, the business premises to be used by its patrons as a magnet for criminal or otherwise unlawful activity;

3. The permittee, their agent, manager or employees has allowed or failed to discourage criminal or otherwise unlawful activity to occur on or immediately adjacent to the business premises;

4. The permittee, their agent, manager or employees has failed to provide adequate parking to serve the volume of patrons it generates, thus causing patrons to cruise on neighborhood streets, looking for parking, and causing other traffic related noise and disturbances; or

5. The permittee, their agent, manager or employees has failed to control the actions of the businesses' patrons in and immediately adjacent to the business premises.

B. Additional conditions.

1. Businesses involving constitutionally protected expressive activities. The director or city council may impose conditions on the permit for any business activity involving first amendment activities if the director or city council finds that one or more of the conditions in section 5.10.090(A) of this chapter exist.

2. Businesses which do not involve constitutionally protected expressive activities. The director or city council may impose conditions on the permit as are reasonably necessary to protect the peace and tranquility of any residential area, mitigate traffic impacts, protect other uses in the area, and protect the public health, welfare and safety. Any person issued a permit pursuant to this chapter shall comply with all conditions that are imposed on the permit. Any violation of the conditions of approval is a misdemeanor and is subject to the penalties set forth in section 1.08.010.

C. Unannounced inspections; proper credentials to comply with enforcement. Whenever the director or city council determines that unannounced inspections of the business premises are necessary to enforce the provisions of this chapter, it may impose as a condition of the permit that the applicant's or permittee consent to entry of the applicant's or permittee's place of business at all reasonable times by any city officer or employee authorized to enforce the provisions of this chapter or this Code. Upon presentation of proper credentials by any such officer or employee, the applicant or permittee shall comply with such inspection.

D. Noise conditions. Whenever the director or city council determines that noise from any establishment permitted under this chapter interferes with the right of persons dwelling in the vicinity of such establishment to the peaceful and quiet use and enjoyment of their property, or that the establishment permitted under this chapter is in violation of applicable noise ordinances it may impose as a condition of the permit that the premises of the business activity be soundproofed to eliminate the noise or reduce it to a reasonable and lawful level. In imposing a condition under this section, the director or city council must balance all of the interests of the respective parties, as well as the hardship that will result from the condition. If the director or city council finds that the noise complained of is of a minimum or inconsequential degree, no action shall be taken under this section.

E. Modification or elimination of conditions; application, public hearing notice. The director or the city council may change, modify or eliminate any conditions previously placed on a permit upon written request of the permittee if it finds that the reasons for the original imposition of such conditions have been cured or no longer exist. Applications to change conditions shall be noticed and set for public hearing in a manner consistent with section 5.10.030(D) if the condition was imposed after a duly noticed public hearing. The county sheriff's license detail shall be notified of any such applications.

(Code 1981, § 5.10.100; Ord. No. 399, § 2(part), 2003)

Unless otherwise stated in this title, the fee for filing any application for a permit or renewal of a permit shall be nonrefundable.

(Code 1981, § 5.10.110; Ord. No. 399, § 2(part), 2003)

Nothing in this article shall be construed to relieve any person from complying with the requirements of chapter 5.04 regarding business licenses and taxes.

(Code 1981, § 5.10.120; Ord. No. 399, § 2(part), 2003)

A. Any interested party may seek judicial review of a final city decision regarding a permit or license in accordance with the provisions of sections of the Code of Civil Procedure §§ 1085 and 1094.5 et seq., and any claim filed in connection therewith, as is applicable to the particular case.

B. Any interested party may seek judicial review of a final city decision regarding the issuance, revocation, suspension, or denial of a permit or license for an activity protected by the First Amendment of the United States Constitution in accordance with the terms and procedures provided by Code of Civil Procedure § 1094.8.

(Code 1981, § 5.10.130; Ord. No. 399, § 2(part), 2003)