Santa Ana Municipal Code § 26-14 Issuance of certificate

(a) Any person desiring to obtain an owner's permit shall first file an application with the chief of police or his designated representative for a certificate of eligibility for such permit. Prior to submitting such application, a nonrefundable fee as established by resolution of the city council shall be paid to the department of finance to defray, in part, the cost of the investigation and report required by this article. The department of finance shall issue a receipt showing that such application fee has been paid. The receipt, or a copy thereof, shall be supplied to the chief of police at the time such application is filed. Fees required under this article shall be in addition to any other license, permit or fee required under this chapter or any other chapter of this Code.

(b) Neither the filing of an application for a certificate of eligibility, nor the payment of an application fee, nor the issuance of a certificate for eligibility shall authorize the vending from, operation or management of a pushcart.

(c) Each applicant for a certificate of eligibility for an owner's permit shall furnish the following:

(1) The full and true name under which the business will be conducted.

(2) The full and true name and any other name used by the applicant.

(3) If the applicant is a corporation, either foreign or domestic, a copy of the articles of incorporation and, if domestic, a copy of the domestic stock statement.

(4) The present residence and business address of the applicant and telephone numbers of the applicant.

(5) A description of the merchandise which the pushcarts will vend.

(6) The maximum number of pushcarts owned, operated, leased, controlled or contracted by the applicant to be used in the City of Santa Ana.

(7) A description of the logo, color scheme, insignia and any other distinguishing characteristics of the applicant's pushcarts and description of the uniform as required in subsection 26-5(d) or 26-5.5(c) of this article.

(8) The full and true names and residences of all persons employed, contracted, leased or otherwise given control of the applicant's pushcarts.

(9) The applicant, if an individual; or each of the directors, officers or stockholders holding more than five (5) percent of the stock of the corporation; or each of the partners, including limited partners or profit interest holders, managers or other persons principally in charge of the operation of the existing or proposed business of vending from pushcarts, shall also furnish the following information:

a. California driver's license or identification number of the above-described natural persons;

b. Date of birth of the above-described natural persons;

c. The permit history of the above-described natural persons for the three-year period immediately preceding the date of the filing of the application, including whether such person, in previously operating in this or any other city, county, state or territory, has ever had any similar license or permit or franchise revoked or suspended and, if so, the circumstances of such suspension or revocation;

d. All criminal convictions suffered by the above-described natural persons, including ordinance violations, but excepting minor traffic offenses (any traffic offense designated as a minor traffic offense), stating the date, place, nature and sentence of each such conviction.

(10) The applicant, if other than an individual, shall also furnish the following information:

a. Each business address of the applicant for the three-year period immediately preceding the date of the application and the inclusive dates of each such business;

b. The nature of the business or firm for the three-year period immediately preceding the date of the application;

c. The permit history of the applicant for the three-year period immediately preceding the date of the filing of the application, including whether such applicant, in previously operating in this or any other city, county, state or territory, has ever had any similar license or permit or franchise revoked or suspended and, if so, the circumstances of such suspension or revocation;

d. All criminal convictions suffered by the applicant, including ordinance violations, stating the date, place, nature and sentence of each such conviction.

(11) Such other identification and/or information as the chief of police or his designated representative may require in order to discover the truth of the matters required to be set forth in the application.

(d) The applicant, if a natural person, or if the applicant is a partnership or corporation, the designated responsible managing officer, shall personally appear at the police department of the City of Santa Ana and produce proof that the required application contains the information and supporting documentation required by subsection (c) of this section.

(e) When any change occurs regarding the written information required by subsection (c) of this section prior to or after issuance of a permit, the applicant shall give written notification of such change to the chief of police within two (2) weeks after such change.

(Ord. No. NS-2133, § 1, 7-15-91; Ord. No. NS-2453, § 3, 11-20-00; Ord. No. NS-2481, § 6, 11-19-01)

The chief of police shall have a reasonable period of time in which to investigate the application and background of the applicant for a certificate of eligibility for an owner's permit. The chief of police or his representative shall, within thirty (30) days after the date of the filing of the application, approve or deny the application for the certificate or renewal thereof. If an application is deemed pending under subsection 26-14(f) the chief of police or his designated representative shall, within thirty (30) days after the adjudication of the pending criminal matter approve or deny the application for the certificate or renewal thereof.

(Ord. No. NS-2133, § 1, 7-15-91; Ord. No. NS-2453, § 3, 11-20-00)

The chief of police or his designated representative, after receiving the application, shall issue the certificate only if he finds that all of the following requirements have been met:

(a) The required fees have been paid;

(b) The application conforms in all respects to the provisions of this chapter;

(c) The applicant has not knowingly made a material misrepresentation of fact in the application;

(d) The applicant has fully cooperated in the investigation of the application;

(e) The applicant, if an individual; or any of the directors, officers or stockholders holding more than five (5) percent of the stock of the corporation; or any of the partners, including limited partners or profit interest holder, manager or other person principally in charge of the operation of the existing or proposed business of vending from pushcarts in the City of Santa Ana or a natural person employed or contracted or leased with to be an operator has not been convicted or pled nolo contendere or guilty within five (5) years prior to his application for a permit to a misdemeanor or felony crime of moral turpitude or drug-related misdemeanor or felony crime, including but not limited to: the sale of a controlled substance specified in California Health and Safety Code Sections 11054 through 11058; the sale, distribution or display of harmful or obscene matter; indecent exposure; selling or disposing of lottery tickets; permitting gambling, pool selling or book-making; or in the case of applications for an operator's permit, alcohol or drug-related traffic offenses.

(f) The investigating city employee is specifically authorized to obtain state summary criminal history record information as provided for in Section 11105 of the California Penal Code. Any complaint for the charges listed in (e) pending before a court of law shall cause the application to be considered pending until adjudication of the complaint.

(g) For each individual who is issued a certificate of eligibility, an operator's permit shall also be issued if such individual, at the time of application, provides two (2) photographs of the applicant, at least two (2) inches by two (2) inches in size, taken within the six-month period immediately preceding the date of the application.

(Ord. No. NS-2133, § 1, 7-15-91; Ord. No. NS-2453, § 3, 11-20-00)

The term of a certificate of eligibility for an owner's ice cream permit, unless sooner suspended or revoked, shall be for a period of five (5) years, and for all other owner's permits, for a period of one (1) year. Upon the expiration of such term, the person may renew the certificate for additional terms by submitting new applications in conformance with section 26-12 together with such renewal fee as may be established by resolution of the city council. No certificate of eligibility may be sold, leased, transferred, conveyed or granted to any other person.

(Ord. No. NS-2133, § 1, 7-15-91; Ord. No. NS-2453, § 3, 11-20-00; Ord. No. NS-2481, § 7, 11-19-01)

If the chief of police or his designated representative does not find that all of the requirements set forth in section 26-14 have been met, he shall deny the application for the certificate of eligibility. In the event the application for the certificate is denied by the chief of police or his designated representative, written notice of such denial shall be given to the applicant specifying the ground or grounds of such denial. Notice of denial of the application for the certificate shall be deemed to have been served if it, in fact, is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her residence address as set forth in the application for the certificate.

(Ord. No. NS-2133, § 1, 7-15-91)

(a) Any certificate of eligibility for an owner's permit issued under this article may be suspended or revoked by the chief of police or his designated representative for any of the following reasons:

(1) Falsehood of any information supplied by the applicant upon which issuance of the certificate was based;

(2) Failure of the applicant to promptly notify the chief of police of any change occurring subsequent to the issuance of the certificate in the information supplied by the applicant upon which the issuance of the certificate was based;

(3) Conviction of, or plea of guilty or nolo contendere by the applicant of any offense set forth in section 26-14(e).

(b) A holder of a certificate of eligibility shall be notified in writing when a certificate has been suspended or revoked. Such notice shall contain the grounds upon which suspension or revocation is based and the right to seek an appeal of the suspension or revocation under Chapter 3 of the Santa Ana Municipal Code. If no appeal is filed under Chapter 3 suspension or revocation of the certificate shall become effective ten (10) days after notice is served. If a Chapter 3 appeal is filed the suspension or revocation shall become effective upon final determination by council of the appeal. Notification shall be deemed to have been served when it is personally served upon the certificate holder or when deposited in the United States mail with postage prepaid and addressed to the certificate holder at the last known address of the certificate holder.

(c) Any person whose certificate of eligibility for an owner's permit is revoked shall not be eligible to apply for a new certificate for a period of one (1) year following such revocation.

(Ord. No. NS-2133, § 1, 7-15-91; Ord. No. NS-2453, § 4, 11-20-00)

Any person whose application for a certificate of eligibility for an owner's permit is denied or whose certificate is suspended or revoked may appeal such decision to the city council pursuant to Chapter 3 of this Code.

(Ord. No. NS-2133, § 1, 7-15-91; Ord. No. NS-2453, § 4, 11-20-00)