Rolling Hills Estates Municipal Code Ch. 5.12 Permits for Certain Businesses

No person shall operate, and no license shall be issued for any of the following businesses until a permit has first been obtained therefor upon application in writing for such permit pursuant to Chapters 5.12, 5.20 through 5.32, 5.40 through 5.48 of this code;

A. Billiard and/or pool rooms;

B. Pawnbroker;

C. Salvage dealer;

D. Secondhand dealer;

E. Solid waste disposal facility;

F. Auto wrecker;

G. Counseling services not licensed by the state;

H. Taxi drivers;

I. Dealers in concealable firearms;

J. Escort services and escort bureaus.

(Ord. 629 § 1, 2005; prior code § 760)

(Ord. No. 665, § 4, 9-28-2010)

Before any permit is issued pursuant to Chapters 5.04—5.12, 5.20—5.32, 5.40—5.48 of this code, an application therefor shall be filed with the license collector, which application shall be verified by the applicant (if a corporation or association, by an officer thereof; if a partnership, by a general partner), and accompanied by the fee required therefor, which shall include the following information:

A. Name and address of applicant (names of partners, if a partnership; officers and directors, if a corporation; principals, if an association);

B. Nature of the business enterprise;

C. The location and address of the business enterprise;

D. Brief description of the nature and amount of equipment to be used in the business or enterprise;

E. A personal description of the applicant (and each officer, partner or principal);

F. Fingerprints and thumb prints of the applicant (and each officer, partner or principal).

(Prior code § 761)

A filing and processing fee shall be submitted with each application for an original permit or any renewal thereof. Such fee shall be set by council resolution.

(Ord. 561 § 1 (part), 1993: prior code § 767)

The license collector shall investigate each such application in the manner and to the extent deemed necessary by the license collector to determine whether the applicant (and each officer, partner or principal) is of good moral character and proposes to engage in the business in a manner which is not detrimental to the public peace, health, safety, morals or welfare, either by reason of the character of the applicant or the nature of the business or the manner in which the business is proposed to be conducted. After such investigation, the license collector shall report his findings to the city manager. If, as a result of such investigation, the city manager finds that the applicant (and each officer, partner or principal) is of good moral character and that the business or enterprise will not be detrimental to the public peace, health, safety, morals or welfare of the city or its inhabitants, either by reason of the character of the applicant, the nature of the business or the manner in which the same is proposed to be conducted, the city manager shall forthwith issue a permit, upon such terms, conditions and restrictions, as are not in conflict with any law, and as may be necessary or expedient to protect the public peace, health, safety, morals or welfare of the city and its inhabitants. The city manager shall give the applicant, and any other person requesting the same, written notice of his action upon an application.

(Prior code § 762)

Should the city manager, as a result of such investigation, refuse to issue such a permit, the applicant may file a written letter of appeal with the city clerk within ten days of the mailing of notice of denial thereof. An applicant may also file an appeal, within said time, with regard to any condition of approval imposed by the city manager. The city clerk shall place the matter upon the next most convenient city council agenda for hearing, and shall give the applicant at least five days' notice of the time and place of such hearing. The hearing shall be conducted in the manner hereafter described; provided, that the burden of proof shall be upon the applicant to show that the action of the city manager was unreasonable, arbitrary, or in excess of his jurisdiction as set forth herein. If the city council determines that the proposed enterprise would be detrimental to the public peace, health, safety, morals or general welfare of the city or its inhabitants, either by reason of the character of the applicant or the nature of the business or enterprise, or the manner in which the business or enterprise is proposed to be operated, it shall refuse to issue such permit. If it is found that the public peace, health, safety, morals or general welfare will not be adversely affected by the issuance of the requested permit, the city council shall order the same issued. The city council shall have the authority to impose conditions upon the issuance of a permit, in order to assure that the purposes of this title will be met. The action of the city council shall be final and conclusive.

(Prior code § 763)

A. Permits issued pursuant to this chapter shall be posted on the premises where the business or enterprise for which the permit is issued is conducted and shall remain so posted during the period the permit shall be in force. Such permits shall be subject to form and informational requirements of state and federal laws, as well as requirements of this chapter.

B. Any permit issued to a person who goes from place to place within the city for the purpose of carrying on the business or activity as so permitted, shall be carried by him at all times, and shall exhibit the same upon request therefor.

(Prior code § 764)

Permits issued pursuant to this chapter shall be for the same duration as the business license issued for such business pursuant to this title.

(Prior code § 765)

Permits issued pursuant to this chapter may be renewed upon the filing of an application therefor with the license collector. The application for renewal shall be in the same form as an application for an original permit, it shall be issued or denied in a like manner as in the case of the original permit.

(Prior code § 766)

A. The city manager shall suspend any such permit issued pursuant to this chapter if he shall find that the permittee has violated any condition imposed upon such permit or any provision of this code or any provision of law or is otherwise threatening the public peace, health, safety, morals or general welfare. The suspension shall become effective upon the mailing of written notice thereof to applicant by the city manager. Such notice shall contain the grounds for suspension. If no appeal is taken from such order, the permit shall be deemed revoked. If, within ten days of the mailing of the notice of suspension a written appeal from such order is filed with the city clerk by the permittee, the matter shall be placed upon the next most convenient city council agenda for hearing, at which time the permittee shall show cause why the permit should not be revoked. Such hearing shall be conducted in the manner described in Section 5.04.220. Written notice of the time and place of the hearing shall be given to the applicant by the city clerk, and to any person requesting the same, at least five days in advance of such hearing.

B. If the city council determines that such suspension was justified, the permit shall thereupon be revoked. The burden of proof shall be upon the applicant to show that the action of the city manager was unreasonable, arbitrary, or in excess of his authority hereunder. If such suspension is found not to be justified, the permit shall be reinstated. The action of the city council shall be final and conclusive.

(Prior code § 768)