South Pasadena Municipal Code Art. IV Business Regulation

No person shall operate, and no license shall be issued for, any of the following businesses until a permit has first been obtained upon application in writing for such permit pursuant to this article:

• (a) Advertising vehicles;

• (b) Auctioneers;

• (c) Boardinghouses or lodging houses;

• (d) Bookstores or magazine stores, if no sales to minors;

• (e) Bowling alleys;

• (f) Circuses (primary business);

• (g) Classes;

• (h) Entertainment, with dance or performers;

• (i) Escort or dating service, or related social services;

• (j) Firearms;

• (k) Firing range;

• (l) Public dancehalls;

• (m) Racetracks (auto, bicycle, motorcycle);

• (n) Rides—Carnivals, merry-go-rounds, etc.;

• (o) Rodeos;

• (p) Sideshows;

• (q) Skating rinks;

• (r) Stables. (Ord. No. 2258, § 18, 2013.)

The application for any permit required by this article shall be filed with the license collector, shall be signed and verified by the applicant and shall set forth the following:

• (a) The name and address of the applicant;

• (b) The name and address of the persons by whom employed, if any;

• (c) The nature of the business for which a permit is requested;

• (d) The place where such business is to be conducted;

• (e) A brief description of the nature and amount of equipment to be used in such business;

• (f) The applicant shall provide valid government-issued identification;

• (g) Fingerprints and thumbprints of applicant. (Ord. No. 2258, § 18, 2013.)

The city manager shall, after investigation of the permit application, or of a complaint relating to a permitted business, grant, deny, suspend or revoke a permit:

(a) The permit shall be granted if the applicant has provided a complete application and the proposed business complies with all applicable federal, state and local laws, including building and technical code requirements.

(b) If the permit is granted conditionally, the city manager shall impose such terms, conditions and restrictions upon the operation and conduct of the business, not in conflict with federal, state or local law, as necessary to guarantee compliance with the ordinances of the city.

(c) The city manager may deny a permit application, or suspend or revoke an existing permit, if he or she determines that the conduct of the business is or will be contrary to the ordinances of the city or otherwise conducted in an illegal, improper, or disorderly manner. For purposes of this article, the term “illegal” shall include violations of the laws of the United States, state of California, or any ordinance of the city.

(d) No permit for any business shall be revoked or suspended unless the permittee shall be adjudged guilty of a misdemeanor for violations of the provisions of this article, or unless a notice of revocation and public hearing be first given the permittee. (Ord. No. 2258, § 18, 2013.)

(a) If an application for a permit is denied by the city manager, or if an existing permit is revoked or suspended by the city manager, the applicant or permittee shall have the right to appeal the denial, revocation, or suspension of the permit at a hearing before an independent hearing officer. The city manager will notify the members of the city council whenever he or she is required to retain the services of a hearing officer under this section.

(b) If the person whose permit application was denied or whose existing permit was suspended or revoked desires to appeal the city manager’s decision, the person must file a written notice of appeal with the city clerk within fourteen days of the date of the denial, suspension or revocation of the permit. The matter shall be scheduled for hearing before the hearing officer, no more than thirty days from the receipt of the appeal. The city clerk must mail notice of the time and place of the hearing to the appellant, as well as any relevant materials, at least ten calendar days prior to the hearing.

(c) At the hearing, the hearing officer shall afford the applicant a reasonable opportunity to be heard, but it need not follow formal rules of evidence. The hearing officer may cut off the production of evidence that is unnecessarily repetitive or irrelevant.

(d) The hearing officer may affirm, affirm in part, or reverse the action taken by the city manager. In affirming the denial, suspension or revocation of any permit, the hearing officer shall make a finding that the business is not operating in compliance with all applicable federal, state or local laws. The hearing officer’s decision shall issue, in writing, within ten days of the hearing, and shall be delivered forthwith by certified U.S. mail to the appellant. The decision shall articulate the conclusion of the hearing officer, his or her findings of fact and findings of law.

(e) The time for filing a court challenge to a decision of the independent hearing officer is governed by Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. Notice of the independent hearing officer’s decision and its findings shall include citation to Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. (Ord. No. 2258, § 18, 2013.)

The fee for filing an application for any permit mentioned in this article shall be as set and adjusted by resolution of the city council. The fees are intended to cover the actual costs of investigation and no part of such fees shall be waived or refunded. (Ord. No. 1595, § 1: Ord. No. 1760, § 3(b); Ord. No. 1750, § 1; Ord. No. 2005 § 1; Ord. No. 2258, § 20, 2013.)