Salinas Municipal Code § 18-7 Same—Suspension or revocation

For the purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section:

Health officer. The health officer of the County of Monterey, having the usual powers and duties of a local health officer under the general health laws of the state and the Charter and ordinances of the city and the ordinances of the County of Monterey.

Labor camp. Any living quarters, dwelling, boardinghouse, tent, bunkhouse, maintenance-of-way car, mobilehome or other housing accommodations, including employee housing or labor supply camp, maintained in connection with any work or place where work is being performed, whether or not rent is involved, and the premises upon which they are situated or the area set aside and provided for parking of mobilehomes or camping of five or more employees by the employer. The term "labor camp" shall also mean and include a labor supply camp. A labor supply camp is defined to be any place, area or piece of land where housing is provided for five or more employees or prospective employees of another by any individual, firm, partnership, association, or corporation that, for a fee, employs persons to render personal services for, or under the direction of, a third person, or that recruits, solicits, supplies, or hires persons on behalf of an employer, and that, for a fee, provides in connection therewith one or more of the following services:

(a) Furnishes board, lodging, or transportation for such employees or prospective employees;

(b) Supervises, times, checks, counts, weighs, or otherwise directs or measures the work of such employees;

(c) Disburses wage payments to such employees.

License. A license issued by the city clerk to any person to conduct and operate the business of a labor camp in the city pursuant to the provisions of this chapter and any amendments hereof and pursuant to Chapter 19. Owner. Includes agent, manager, proprietor, lessee, person, copartnership, company, association, firm, or corporation, or prospective owner or agent, business or establishment.

(Ord. No. 862 (NCS), § 1; Ord. No. 1779 (NCS), § 1A.)

(a) Pursuant to the authority granted by state law, the city assumes the responsibility for the enforcement of Division 2, Part 9, Chapter 4 (commencing at Section 2610) of the Labor Code, known as the Employee Housing Act.

(b) It is unlawful for any person to commence, or carry on, the business or occupation of maintaining, operating, or conducting any labor camp in the city, without first having procured a license from the city so to do, and without complying with each and all of the provisions of this chapter. The term of any such license shall be one year.

(c) Except as otherwise specifically provided in this chapter, the duly authorized and designated health officer and the authorized employees of his department shall administer and enforce this chapter and the state laws relating to labor camps.

(Ord. No. 862 (NCS), § 3; Ord. No. 1779 (NCS), § 1B.)

* As to licenses generally, See Ch. 19 of this Code.

A separate license shall be obtained for each branch establishment or separate place where the operation and maintenance of a labor camp is being conducted. All such licenses shall be subject to all of the provisions of this chapter, and to all other applicable laws, ordinances, rules and regulations of the federal government, the state, the County of Monterey, and the city.

(Ord. No. 862 (NCS), § 5; Ord. No. 1779 (NCS), § 1C.)

No license as required by Section 18-2 shall be issued, or once issued, transferred, until application has been filed therefor with the finance director by the owner and manager of such proposed labor camp. There shall be filed with every application, whenever applicant is an individual, a verified statement setting forth and designating each of the following matters:

(a) The name, age and place of residence of applicant.

(b) The place of residence of applicant during each of the past five years.

(c) Whether or not applicant is a citizen of the United States, and if not, of what country he is a citizen.

(d) Whether or not applicant has ever been convicted of a felony or a crime involving moral turpitude, or the crime of using, possessing, selling, or transporting narcotics or imparting information for obtaining narcotics.

(e) A credit report or statement showing applicant to be financially able to operate and maintain such labor camp, and the business thereof.

(f) The same information required of applicant in subsections (a), (b), (c), and (d) shall be set forth in such verified application with respect to any person designated, or to be designated, by owner to manage the labor camp.

(g) Whenever applicant is a firm, partnership, association, company or corporation, the application shall set forth all of the foregoing information required of an individual applicant with respect to:

(1) Each of the members, if applicant be a firm, partnership, association, or company, and

(2) Each of the members of the board of directors, if applicant be a corporation.

(h) The name of the individual or individuals appointed or to be appointed as manager or managers and who will be in actual charge of, and responsible to the city for the conduct and operation of, the labor camp at all times and who, together with permittee, shall be liable for any violation or violations of this chapter.

(i) The exact location of the labor camp.

(Ord. No. 862 (NCS), § 6; Ord. No. 1779 (NCS), § 1D.)

Upon receipt of an application for a license, the finance director shall transmit to the chief of police, the health officer, the building official, and the planning director, such information as may be necessary in order that the required investigation or inspection may be made. The chief of police and the health officer shall, immediately upon receipt of such information from the finance director, cause an investigation and inspection to be made, with respect to such application and all matters set forth therein, and shall, within twenty days after receipt of such application from the finance director, make their written report and findings on all matters related to such application, either approving or disapproving the issuance of such license, and shall file such report and findings with the finance director. Upon receiving proof that the applicant for a license is a fit and proper person to be granted such license in accordance with the standards and requirements set forth in this chapter and all other laws and ordinances of the city and of the County of Monterey, and that all laws and ordinances relating to health, safety, and sanitation, local or otherwise, with respect to operation and maintenance of such labor camp have been complied with, and that the required use permit, health permit, and certificate of occupancy have been issued, and that the chief of police has approved the issuance of the license, the finance director may thereupon issue such license. No license shall be issued unless and until the health officer, the building official, and the planning director have issued the necessary health permit, certificate of occupancy, and use permit, required by this chapter and all other ordinances of the city and the chief of police has approved the issuance of such license, and evidence of such issuance has been filed with the finance director.

(Ord. No. 862 (NCS), § 7; Ord. No. 1779 (NCS), § 1E.)

Every person applying for a license to operate a labor camp shall pay annual fees as follows:

(a) Health permit fee payable to the health officer:

(b) A fee of twenty-five dollars for the issuance of a license to operate a labor camp shall be paid to the city.

(c) A fee of twenty-five dollars for any transfer of a license shall be paid in advance to the city.

(d) A fee of twenty dollars shall be paid in advance to the health officer for any increase in the capacity of employees to be housed.

(e) In the event an application for a license to operate a new labor camp (as opposed to continuing the operation of an existing labor camp) is filed after January first of any given year, the fees due under subsection (a) of this section shall be prorated so as to relate to the remaining portion of the year only.

All fees chargeable under this section are designed to cover the costs of administration and enforcement of the provisions of this chapter.

(Ord. No. 862 (NCS), § 9; Ord. No. 1779 (NCS), § 1F; Ord. No. 1895 (NCS), § 1A and B.)

(a) The finance director may suspend, revoke, or refuse renewal of any license which has been issued, upon failure of licensee to pay the full amount of the required license fee at the time and in the manner provided by this chapter.

(b) The finance director may suspend, revoke, or refuse renewal of, any license whenever:

(1) Any use permit, certificate of occupancy, or health permit, theretofore issued, permitting the conducting and operation of the business of a labor camp, shall have been revoked;

(2) It appears to the city manager that either the licensee or the manager of the labor camp has violated the provisions of any federal law, or any law of the state or any law, ordinance, rule or regulation of the County of Monterey or city applicable to the operation of such labor camp;

(3) Either the licensee, or the manager of the labor camp, since the issuance of such license, has been convicted of a felony, or a crime involving moral turpitude, or using, possessing, selling, or transporting narcotics or imparting information for obtaining narcotics; provided, however, a license may be issued to an applicant regardless of the conviction by applicant or the manager of such labor camp of a felony or of any of the other aforesaid offenses, if it shall first satisfactorily appear to the finance director that the applicant or manager of the labor camp has been fully and completely rehabilitated and is at the time of filing such application a person of good moral character;

(4) The licensee, or the manager of the labor camp, has suffered, permitted, or allowed the violation of any federal laws, or laws of the state, or laws, ordinances, rules or regulations of the County of Monterey or the city to be committed in or about the labor camp or on the premises upon which the labor camp is situated;

(5) The licensee, or the manager of the labor camp, has suffered, permitted, or allowed any loud, tumultuous, boisterous, or offensive conduct or disturbance of the peace upon the premises upon which such labor camp is located;

(6) The licensee, or the manager of the labor camp, has suffered, permitted, or allowed any public or private nuisance to exist in the labor camp or upon the premises which the labor camp is located.

(Ord. No. 862 (NCS), § 10; Ord. No. 1779 (NCS), § 1G.)

A decision of the finance director to deny issuance of a license, or to suspend, revoke or refuse renewal of a license, shall be in writing and shall set forth the following:

(a) The decision made with respect to the application or license;

(b) The reason(s) for the decision;

(c) That the decision is final and conclusive unless the applicant or licensee files with the city clerk a written appeal to the city council within ten days of the date of the decision, setting forth the decision or portion of it appealed and the reason(s) of the appeal.

(Ord. No. 1779 (NCS), § 1H.)

If any person is denied a license or refused a renewal, or if a license once granted has been suspended or revoked, the decision rendered shall be final unless the person aggrieved shall file with the city clerk a written appeal of it to the city council within ten days of the date of the written decision of the finance director, setting forth therein the decision or portion of it appealed and the reasons of the appeal. Upon receipt of such written appeal, the city clerk shall immediately set the matter for hearing before the city council within fifteen days. The action of the city council upon such appeal shall be final and conclusive with respect to the suspension, revocation, denial of such license or refusal to renew such license.

(Ord. No. 862 (NCS), § 11; Ord. No. 1779 (NCS), § 1H, J.)