Chapter 5.04 — UNIFORM LICENSING PROCEDURES

It is unlawful for any person, firm, or corporation to engage in, conduct, manage or carry on any of the following businesses, practices, professions, or occupations within the City without first having obtained a license therefore in accordance with the uniform licensing procedure:

(a)

Amusement devices and establishments;

(b)

Aircraft ticket brokers;

(c)

Bathhouse;

(d)

Bingo;

(e)

Carnivals and go-cart centers;

(f)

Coupon books, distribution of;

(g)

Dances and dance halls;

(h)

Dances, teenage;

(i)

Entertainment;

(j)

Firearms;

(k)

Junk, automotive wrecking, nonoperating vehicle storage yards;

(l)

Kennels;

(m)

Massage establishments;

(n)

Secondhand dealers;

(o)

Solicitors:

(1)

License;

(2)

Identification card.

(p)

Taxi;

(q)

Tobacco Retail.

(Ord. No. 2016-1428, 7-26-16; Ord. No. 2017-1451, § 2, 10-24-2017)

All licenses issued shall be issued by the Issuing Officer, who, in the case of licenses issued pursuant to Chapter 6.20 of this Code shall be the Department of Animal Control of San Diego County, and in all other cases shall be the Finance Director for business, bathhouse and massage licenses; the Development Services Director for amusement, dance and entertainment licenses; and the City Clerk for bingo, firearms, solicitor, taxi and tobacco retail licenses; or any other department or division position designated as the responsible party for receiving, reviewing and processing the applicable licenses or permits issued by that department or division.

(Ord. No. 2017-1451, § 2, 10-24-2017)

Application for a license shall be made to the Issuing Officer on forms provided by the Issuing Officer. Said application shall contain a provision by which the applicant consents to having all required notices, unless otherwise specified, sent by mail to applicant's address on the application by depositing the same in the United States mail, postage prepaid.

(Ord. No. 2017-1451, § 2, 10-24-2017)

Such license shall not be transferable from person to person nor place to place.

(Ord. No. 2017-1451, § 2, 10-24-2017)

The fee established for any license shall defray the cost of investigation and issuance of the license. In the event said license is for any reason whatsoever denied or in the event not obtained by the applicant, the fee paid shall not be refunded to the applicant. Fees shall be reviewed annually so as not to be excessive.

(Ord. No. 2017-1451, § 2, 10-24-2017)

Unless otherwise specified, any license issued shall expire a year from the date of issue and may be renewed by filing a renewal application not less than 30 days prior to expiration date.

(Ord. No. 2017-1451, § 2, 10-24-2017)

All required local, State and federal licenses, certificates and other permits issued for the operation of business establishments must be posted in a conspicuous place on the licensed premises.

(Ord. No. 2017-1451, § 2, 10-24-2017)

(a)

Upon the receipt of an application for a license, the Issuing Officer may send copies of such application to any officer or department/division which the Issuing Officer may deem appropriate in order to carry out a proper investigation of the applicant or his proposed business.

(b)

Every officer or department/division to which an application for a license is referred may request from the Issuing Officer that additional information be obtained from the applicant relating to the proposed license as such officer or department/division deems necessary.

(c)

The Issuing Officer and every officer or department/division to which an application is referred shall investigate the truth of the matters set forth in the application, the character of the applicant as it relates to doing business under said license and may examine the premises proposed to be used for said business.

(Ord. No. 2017-1451, § 2, 10-24-2017)

(a)

The Issuing Officer may deny an application for a license, if he finds the applicant or any agent or representative thereof has:

(1)

Knowingly made any false, misleading or fraudulent statement of a material fact in the application or in any record or report required to be filed under this chapter; or

(2)

Violated any of the provisions of this chapter or any provisions of any other ordinance or law relating to or regulating said business or occupation; or

(3)

Been convicted of a crime, the nature of which indicates the appellant's unfitness to operate the proposed business. A plea or verdict of guilty, a finding of guilty by a court in a trial without a jury, a plea of nolo contendere, or a forfeiture of bail is deemed a conviction; or

(4)

Provided information or documentation that indicates or discloses that the conduct of the business or activity will be contrary to federal, State or other law.

(b)

If after investigation, the Issuing Officer determines that the application should be denied, he shall prepare a notice of denial of application setting forth the reasons for such denial of application. Such notice shall be either sent by mail to the applicant's last address provided in the application or be personally delivered. Any person who has had an application for a license denied may request a hearing from the Issuing Officer. Such request must be made in writing and filed with the Issuing Officer within ten days of personal delivery of the notice of denial. If the notice of denial is mailed, the applicant shall also be entitled to the appeal provisions of this chapter following the hearing before the Issuing Officer.

(c)

If the license is granted the name and business address of the licensee shall be made available to any interested member of the general public for the duration of the license.

(Ord. No. 2017-1451, § 2, 10-24-2017)

(a)

In the event that any person holding a license issued pursuant to this chapter violates or causes or permits to be violated any of the provisions of this chapter, or any provisions of any other ordinance or law relating to or regulating said business or occupation, or shall conduct or carry on such business or occupation in an unlawful manner, or for any reason for which the license application could have been denied, the Issuing Officer may, in addition to other penalties provided by ordinance, suspend or revoke the license after the licensee has been given the opportunity for a hearing as provided for in this chapter.

(b)

The Issuing Officer shall post at the City for a period of ten days the name and business address of any person receiving a notice of suspension or revocation along with the fact that any interested member of the general public can submit information regarding the proposed suspension or revocation. Such information shall be submitted in writing and shall be delivered to the office of the Issuing Officer on or before the last day of posting.

(Ord. No. 2017-1451, § 2, 10-24-2017)

(a)

In any case where the Issuing Officer determines that a license issued pursuant to this chapter should be suspended or revoked, the Issuing Officer shall prepare a written notice of suspension or revocation, which includes a statement of the proposed action, a concise explanation of the reasons for the proposed action, the statutory basis relied upon for such proposed action, and an explanation of the licensee's right to request a hearing from the Issuing Officer. Such notice shall be sent by certified mail to the licensee's last address provided in the application or be personally delivered, at least ten days prior to the effective date of such action. If within five days after receipt of such mailing or delivery to the licensee or an authorized representative requests in writing a hearing from the Issuing Officer, the Issuing Officer shall immediately set a hearing and shall set forth in writing and send to the licensee by means of mail or hand delivery, notice of the time, date and place of such hearing. The hearing shall be held not more than 30 days from the date of receipt of said request for hearing. The hearing shall be conducted by a hearing officer designated by the Issuing Officer. The person designated as Hearing Officer shall not have been connected in any manner in the decision to take the proposed action which is the subject of such hearing. No hearings shall be continued except upon showing of good cause.

(b)

The hearing shall be conducted to determine the existence of any facts which constitute grounds for the suspension or revocation of the license. The licensee may have the assistance of counsel or may appear by counsel and shall have the right to present evidence pursuant to Section 5.04.150 of this Code. In the event that the licensee, or counsel representing the licensee fails to appear at the hearing, the evidence of the existence of facts which constitute grounds for the suspension or revocation of the license shall be considered unrebutted. The decision of the Hearing Officer shall be based solely on the evidence presented at the hearing. Upon conclusion of the hearing, the Hearing Officer will give a verbal decision; provided, however, that in the discretion of the Hearing Officer, the decision may be delayed and given in writing within ten days. In any case where a verbal decision is given at the close of the hearing, the Hearing Officer shall confirm that decision in writing within ten days. The written decision shall set forth the findings of fact and the reasons for the decision and a copy mailed to the licensee or an authorized representative. A hearing held under this section or the failure of the licensee to request such a hearing or to appear at the scheduled time for such hearing in no way deprives the licensee of the right to appeal as provided for in this chapter.

(Ord. No. 2017-1451, § 2, 10-24-2017; Ord. No. 2025-1566, § 2(Exh. B), 11-10-2025)

The effect of a decision of the Hearing Officer to suspend or revoke a license shall be stayed while the City Manager reviews the decision of the Hearing Officer to suspend or revoke a license. There shall be no stay of the effect of the decision of the Hearing Officer upholding the denial of any license.

(Ord. No. 2017-1451, § 2, 10-24-2017)

(a)

When, in the opinion of the Issuing Officer, there is an immediate threat to the public health, welfare or safety, the officer may suspend a license without a hearing. The Issuing Officer shall prepare a written notice of suspension, which includes a statement of the action, a concise explanation of the reasons for the action, that statutory basis relied upon for such action, and an explanation of the licensee's right to request a hearing from the Issuing Officer. Such notice shall be either sent by certified mail to the licensee's last address provided in the application or be personally delivered. The licensee may request a hearing from the Issuing Officer within five days of receipt of notification that the license has been suspended. The Issuing Officer shall notify the licensee of the time and place of such hearing and the hearing shall be conducted in the manner prescribed in this chapter.

(b)

The hearing shall be held not more than 30 days from the date of receipt of said request for hearing.

(Ord. No. 2017-1451, § 2, 10-24-2017)

Within ten calendar days after receipt of the decision of the Hearing Officer to deny, suspend, or revoke a license, or for any other decision of the Hearing Officer, any party affected by the decision may submit a written request to the City Manager requesting a review

of the decision of the Hearing Officer. If no request to review the decision of the Hearing Officer is timely received by the City Manager, the decision of the Hearing Officer shall be final and binding on the parties.

Following a review of the decision of the Hearing Officer, the City Manager may take any of the following actions:

(a)

Affirm the decision of the Hearing Officer in its entirety.

(b)

Correct typographical errors, minor changes or adjustments to the decision of the Hearing Officer and affirm said decision. Action by the City Manager under this sub-paragraph is limited to correcting typographical errors and/or making minor changes or adjustments that do not change or alter the substantive findings or the decision of the Hearing Officer.

(c)

Reject the decision of the hearing officer. The City Manager's decision shall be issued in writing, and shall set forth the findings of fact and the basis for the decision. A copy of the City Manager's decision shall be mailed to the licensee or an authorized representative. The City Manager's decision shall be final and binding on the parties, and is subject to judicial review pursuant to Code of Civil Procedure Section 1094.5.

(Ord. No. 2017-1451, § 2, 10-24-2017)

Editor's note— Formerly entitled Appeal, which was renamed by Ord. No. 2017-1451.

(a)

Oral evidence shall be taken only on oath or affirmation.

(b)

Each party shall have these rights:

(1)

To call and examine witnesses;

(2)

To introduce exhibits;

(3)

To cross-examine opposing witnesses on any matter relevant to these issues even though that matter was not covered in the direct examination;

(4)

To impeach any witness regardless of which party first called the witness to testify; and

(5)

To rebut the evidence against the party. If respondent does not testify in his own behalf, the respondent may be called and examined as if under cross-examination.

(c)

The hearing need not be conducted in accord with the technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions; hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in

itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions and irrelevant and unduly repetitious evidence shall be excluded.

(d)

The hearing shall be conducted in the English language. The City may provide an interpreter for any witness who does not proficiently speak the English language, approved by the Hearing Officer conducting the proceeding as proficient in the English language and the language in which the witness will testify, to serve as interpreter during the hearing. The cost of the interpreter shall be paid by the City. The City Council may compile and publish a list of interpreters known to be proficient in various languages. Any person whose name appears on such list shall be deemed to be approved by the Hearing Officer hearing the case.

(Ord. No. 2017-1451, § 2, 10-24-2017)