Tehachapi Municipal Code Art. III Permit Requirements

No person shall conduct, whether or not for profit, any business or activity set forth in this chapter without first obtaining a permit therefor from the police department, after investigation by the police department.

(Ord. 73-O-388 § 9, 1973)

No person shall employ or use the services of any person required to obtain a permit until such permit has been obtained, and no person shall employ or use the services of any persons required to obtain a permit whose permit has been suspended or revoked, until such permit has been reinstated or a new permit obtained; except that an employer may employ or use the services of any person required to obtain a permit, prior to the issuance of such permit, for a period not to exceed fifteen days, if application for a permit has been filed and such application has not been denied.

(Ord. 73-O-388 § 10, 1973)

No person, as employee or agent, shall perform or accept employment in any of the following activities or businesses without first obtaining a permit therefor from the chief of police, after investigation by the chief of police. A fee of ten dollars shall be paid to the city for the filing of each application for an original permit, and a fee of five dollars for the filing of each application for a renewal permit or an amendment to a permit for the following businesses or activities:

A. Bath/massage establishments;

B. Taxicabs;

C. Peddlers;

D. Teenage nightclubs.

(Ord. 73-O-388 § 47, 1973)

A permit is not required for any agency or department of the city, political subdivisions of the state, the state of California, or the United States of America.

(Ord. 73-O-388 § 46, 1973)

All persons conducting any business or activity in the city upon the effective date of the ordinance codified in this chapter and for which a permit is required by this chapter shall make application for and obtain a permit for such business or activity within sixty days after said effective date.

(Ord. 73-O-388 § 42, 1973)

Any permit or fee required to be obtained or paid pursuant to this chapter shall be in addition to any other license or fee required to be obtained or paid pursuant to this Code; provided, no permit shall be construed to authorize the conduct of any business prohibited by law, or to conduct any business in a manner prohibited by law, or which has been declared illegal or to constitute a nuisance by any governmental authority.

(Ord. 73-O-388 § 11, 1973)

Any person who is required to obtain a permit, and any business or activity for which a permit is required to be obtained by more than one section of this chapter, shall be issued one permit, which shall designate each activity for which such permit is issued, shall pay only one application or renewal fee for such permit, and shall comply with all the requirements for each of the activities for which the permit is issued.

(Ord. 73-O-388 § 12, 1973)

Application for original and renewal permits, and for any amendment to any permit, shall be filed with the police department not less than thirty days prior to the proposed first day of operation of the business or activity for which the permit is requested, and shall be signed and verified by the applicant. No application shall be accepted which is not on file with the police department within the time limit prescribed herein.

(Ord. 73-O-388 § 14, 1973)

Each application shall be submitted on a form prescribed by the police department, and shall set forth the following information:

A. The true name, fictitious name, if any, home and business addresses and telephone numbers of applicant and, if applicant is a corporation, names and addresses of principal officers; or if a partnership, association or company doing business under a fictitious name, names of the partners or persons comprising the association or company, and the address and telephone number of each;

B. The true name, fictitious name, if any, and the address and telephone number of the employer, if any;

C. Street number and exact location of the place where the applicant proposes to engage in the activity for which a permit is requested. Where applicable, the route proposed for the activity shall be included;

D. Specific description of the activity or business applicant intends to engage in;

E. Length of time for which the permit is desired;

F. Brief description of the nature and number of pieces of equipment to be used in such business or activity;

G. Location of last place of business, name, character of same, and length of time engaged therein;

H. Where applicable, description of any motor vehicles which applicant proposes to use, including license numbers, body styles, and name of registered owner;

I. Arrests and convictions, or any violation of law, including moving-vehicle violations, with a payment of a fine of twenty-five dollars or more, including any suspended portions of fines;

J. Personal description of applicant, including fingerprints and recent photograph in good condition, unless waived by the police department, driver's license, social security number, date of birth and place of birth;

K. Where applicable, name of insurance carrier or bonding company;

L. Where applicable, rates to be charged for any service;

M. Training or education in the business or activity applicant intends to engage in;

N. Any other information or evidence of identity and past conduct or business activity of applicant, as may be required by the police department.

(Ord. 73-O-388 § 16, 1973)

An application may be returned to the applicant, for

completion or for additional information, by the police department, or at the request of the applicant. The time during which the application has been returned to the applicant shall not be computed as a part of the time during which the police department is to investigate the applicant and activity.

(Ord. 73-O-388 § 15, 1973)

A permit shall be obtained and a fee of twenty-five dollars shall be paid to the police department for the filing of each application for an original permit, and a fee of ten dollars for the filing of each application for a renewal permit, or an amendment to a permit, for the following business activities:

A. Adult bookstores;

B. Amusement devices, if a business maintains on the business premises four or more amusement devices available for use and play by the public generally or by patrons of such business, whether the business is conducted as a single business or in conjunction with another business;

C. Amusement rides;

D. Arcades;

E. Auction houses, auction sale or sale by public auction;

F. Bath/massage establishments;

G. Alarm companies or burglar alarm systems;

H. Carnivals;

I. Charitable solicitations;

J. Handbill distributors;

K. Junk collector or junkyards;

L. Mobile arcades;

M. Pawnbrokers;

N. Peddlers;

O. Street and itinerant vendors;

P. Swap meets;

Q. Taxicab companies;

R. Teenage nightclubs.

(Ord. 82-13-477 § 1(b), 1982: Ord. 73-O-388 § 17, 1973)

Upon the determination of the police department that the business or activity contemplated is for a charitable purpose, as defined in this chapter, the application fee may be waived or refunded by the police department.

(Ord. 73-O-388 § 18, 1973)

The planning department, fire department, building department, and the Kern County health department shall investigate the applicant and the business or activity proposed to be conducted after the original application for a business permit has been filed but before a permit has been issued or at the time of renewal of an already-existing business permit, and shall submit the results of such investigation, together with recommendations thereon, to the police department within thirty days after the filing of the application or the date for renewal of an already-existing business permit. If an investigation is conducted at the time of renewal of a business permit, the permit will be conditionally renewed pending the results of the investigation. No business shall be permitted until the investigation of the applicant and/or the proposed activity in accordance with Section 5.04.340, Grant, denial or conditions—Notice required.

(Ord. 94-05-624 § 1(part), 1994: Ord. 73-O-388 § 19, 1973)

(Ord. No. 09-02-701, § 1(a), 9-8-2009)

The police department, after making its investigation and receiving the investigation reports and recommendations of the other departments, may grant or refuse to grant a permit, and may grant or deny the renewal or amendment of any permit in the same manner and for the same reasons the original permits were granted or denied.

(Ord. 73-O-388 § 20, 1973)

Prior to the issuance of any permit, the police department may require the deposit of a surety or cash bond in an amount sufficient to guarantee the cleaning of any city-owned or city-controlled premises, or the removal from such premises of any debris left as a result of the activity for which the permit was issued.

(Ord. 73-O-388 § 21, 1973)

In cases where the activity is of a type which involves a possibility of liability to the city or any of its officers or employees for death or bodily injury or damage to property as determined in the reasonable discretion of the city, the following insurance requirements shall apply. The applicant shall provide insurance coverage under a comprehensive general liability insurance policy issued by a company acceptable to the city, in the minimum amount of one million dollars per occurrence (or such greater or lesser amount as the city may require by resolution based on the city's determination of the risk involved). The insurance policy shall contain endorsements naming the city, its officers, councilmembers, employees, and agents as additional insureds, providing that the insurance shall be primary insurance with regard to the insured's activity and that the city's insurance shall not contribute or share in the payment of any claims resulting therefrom, and designating the city facility or facilities to be used in the activity, if any, as locations covered by the policy. The applicant shall provide a certificate of insurance evidencing the foregoing and the foregoing shall be reviewed and approved by the city attorney. The city may require such additional coverage or coverages and endorsements as the city, in its reasonable discretion, may deem necessary based on the particular activity involved.

(Ord. 00-02-655 § 1, 2000)

In addition to insurance required by other sections of this chapter, and after approval of an application for a permit, and prior to issuance of such permit, the applicant shall file with the police department and thereafter keep in full force and effect certificates of insurance for the following businesses:

A. Amusement ride;

B. Carnival;

C. Circus.

(Ord. 73-O-388 § 41, 1973)

Except as otherwise provided, all permits and renewal permits shall be issued for one year, subject to sooner revocation for cause, as provided in this chapter, and shall be renewed at the end of one year unless denied as provided herein. The amendment of any permit shall not extend the effective period of any permit. A permit for a business or activity specified in Section 5.04.230 shall terminate on the following June 30th.

(Ord. 73-O-388 § 23, 1973)

The permit shall contain the following information:

A. Name of applicant;

B. Address and telephone number of applicant, except on permits required to be posted;

C. Address of place where business or activity is to be conducted;

D. Business or activity for which permit is issued;

E. Expiration date;

F. Statement: "This permit is the property of the City of Tehachapi and must be returned to the Police Department upon expiration, revocation, suspension or termination of the business or activity for which permit was issued."

(Ord. 73-O-388 § 24, 1973)

Upon issuance or renewal of any permit, the police department may limit the period of effectiveness of such permit, and may impose any condition reasonably necessary to preserve the intent and purpose of this chapter.

(Ord. 73-O-388 § 22, 1973)

(Ord. No. 09-02-701, § 1(b), 9-8-2009)

Permits issued under this chapter shall not be transferable.

(Ord. 73-O-388 § 13, 1973)

The police department shall notify the applicant or permittee, and the city administrator, at the address specified in the application, in writing, of its action, granting, denying, and imposing any condition on a permit, or suspending or revoking the whole or any part of a permit, within ten days of such action.

(Ord. 73-O-388 § 31, 1973)

A permit or renewal permit may be denied for any of the following causes:

A. The application is not on the form provided, or does not contain the required information;

B. The application contains materially false information;

C. Noncompliance with requirements of this Code, administrative regulations, or other applicable laws pertaining to such activity or business or pertaining to the property upon which the activity or business is to operate;

D. Equipment, vehicle, device or structure to be used is inadequate or unsafe for the purpose for which it is to be used, or does not comply with all laws;

E. Where applicable, applicant has not obtained a certificate of occupancy required by this Code;

F. Where applicable, applicant has not obtained the certificate of public need and necessity required by this Code;

G. The activity or location of the activity is such as to interfere with or unreasonably obstruct the free flow of vehicular traffic, or with other means of travel on any public street, or with pedestrian traffic on the sidewalks;

H. Proof of insurance required by this Code as a prerequisite to performance of a particular activity has not been filed with the city;

I. Applicant or any person conducting the business has been convicted:

1. Of a felony or of a misdemeanor, which misdemeanor involved moral turpitude; or

2. Of the crime of sale of, or possession for sale of, any dangerous drug or narcotic, or the aiding or abetting thereof, or the inducing of others to use any dangerous drug or narcotic;

J. The conduct of the business or activity will be contrary to law;

K. The conduct of the business or activity will interfere with the preservation of the public peace, health, safety or welfare of the public;

L. Where applicable, an employee or agent of owner or operator cannot obtain a permit;

M. Applicant or any person who is to conduct the business has committed any act involving moral turpitude or an act which materially interferes with the preservation of the public peace, health and safety, or welfare of the city or its inhabitants; neither arrest nor conviction is necessary for denial of a permit under this subsection;

N. The premises for which the permit is requested are frequented by persons who use, are addicted to, or possess narcotics or dangerous drugs, or alcohol where prohibited, or such premises have been the location of numerous arrests for violations of law.

O. Applicant or any person who is to conduct the business owes the city fines, fees, taxes or other obligation.

(Ord. 73-O-388 § 25, 1973)

(Ord. No. 22-02-767, § 4, 1-18-2022)

Upon denial of any permit to any applicant, or for any business or activity, or, in case of suspension, revocation or expiration of any permit, it is unlawful for any applicant whose permit has been denied, suspended or revoked, or has expired, to conduct the activity without such permit, and it is unlawful for any person to conduct or to cause or allow to be conducted the activity or business for which the permit has been denied, suspended, revoked, or has expired.

(Ord. 73-O-388 § 27, 1973)

Any permit granted under the provisions of this chapter may be temporarily suspended by a written order, signed by the police department. A copy of such order will be transmitted to the city administrator on the first city working day after such suspension. The permit may be suspended by the police department either as a whole, or as to any part of the permit, for a period not to exceed sixty days, provided no permit shall be revoked without notice and hearing before the board.

(Ord. 73-O-388 § 26, 1973)

(Ord. No. 09-02-701, § 1(l), 9-8-2009)

Editor's note— Ord. No. 09-02-701, § 1(l), adopted Sept. 8, 2009, changed the title of Section 5.04.370 from Suspension or revocation—Appeals to Suspension or revocation—Authority.

The revocation, suspension or expiration of a permit, as provided in this chapter, shall not be a bar to the prosecution of any person for a violation of any law.

(Ord. 73-O-388 § 29, 1973)

The grounds for temporary suspension or revocation of a permit are as follows:

A. Conditions or limitations imposed upon the granting of the permit have not been complied with;

B. Fees required by this chapter have not been paid;

C. Insurance or bond required by this chapter has not been filed, or has become ineffective;

D. Failure of any person conducting a business requiring a permit by this chapter to report to the police department without unnecessary delay or not more than twenty-four hours after the commission of any violation of law witnessed by him, committed in or about his business premises which involves dangerous drugs or narcotics, or which interferes with the preservation of the peace, health, safety or welfare of the public;

E. Failure of any person conducting a business requiring a permit under this chapter to cooperate with the police department or other departments of the city, in connection with the investigation of any criminal activity in or around the business premises, or to assist in the investigation thereof;

F. The activity is being conducted in an illegal, immoral, improper or disorderly manner;

G. The person conducting the business induces, aids, abets, counsels, encourages or conspires with any person to violate any provision of law while in or on his premises, or the immediate vicinity of his premises, or while in the employ of the permittee, or shelters of conceals any person who has committed such violation;

H. Conduct of the activity is, or will be, contrary to law or the peace, health, general welfare, safety or morals of the public;

I. For any reason for which issuance of the permit could be denied, as provided by this chapter;

J. Violation of, or failure to comply with, any provision of law.

(Ord. 73-O-388 § 30, 1973)

Upon revocation of any permit, no other application by the same applicant, or his agent, to carry on a similar business or activity shall be filed for a period of one year from the date of such revocation.

(Ord. 73-O-388 § 28, 1973)

The action of the police department shall be final unless appealed to the board by the applicant within ten days after service of notice of such action on the applicant or permittee. The filing of an appeal shall not stay any action of the police department.

(Ord. 73-O-388 § 32, 1973)

Any appeal to the board shall set forth fully the grounds upon which the appeal is based, shall be in writing, and shall be filed in triplicate with the secretary of the board, who shall present a copy of the appeal to the board and forward a copy thereof to the city administrator. The police department shall submit to the board the records of the case appealed.

(Ord. 73-O-388 § 33, 1973)

A. Within thirty days after the filing of the appeal with the secretary of the board, the board shall consider the appeal at a regular meeting. Written notice of the time and place the board will consider the appeal shall be mailed by the secretary of the board to the person who filed the appeal on behalf of the applicant, at least ten days before the date set for hearing, unless appellant shall sign a written waiver of such notice. The police department shall provide to appellant a copy of its records of the case appealed that it submits to the board at least three days in advance of the date of the meeting at which his or her appeal will be considered by first-class mail, personal delivery, or email if appellant provides his or her email.

B. In any appeal, the board shall consider the application, the record of the case submitted by the police department, and other pertinent information presented. The city may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the administrative hearing in accordance with Section 2.02.040. Administrative hearings are informal, and formal rules of evidence and discovery shall not apply. Each party shall have the opportunity to present evidence in support of that party's case and the cross examination of witnesses is only required where the witnesses are the main evidence in the matter or the only evidence to be used by either party in the administrative hearing. The city bears the burden of proof at an administrative hearing to establish the validity of the appealed decision by a preponderance of the evidence. The records of the case submitted by the police department shall constitute prima facie evidence of the facts contained in those documents.

C. The secretary of the board shall, within three days after decision of the board, notify the applicant in writing of the decision of the board. Its decision or determination shall be final and conclusive.

(Ord. 73-O-388 § 34, 1973)

(Ord. No. 22-02-767, § 5, 1-18-2022)

Permits shall be posted in a conspicuous place on the premises where the business or activity for which such permit was issued is conducted, and shall remain in such place during the period the permit is in force; provided, that if the business or activity is not conducted at a fixed place of business, or if the permit is issued to an individual, such permit, or facsimile or duplicate copy issued by the police department, shall be carried on the person or kept in the immediate presence of the permittee, and displayed to any law enforcement officer of the city upon request.

(Ord. 73-O-388 § 35, 1973)

The permit shall remain the property of the city. Any permit issued by the police department to a person to conduct any business or activity shall be delivered by such person to the police department within five days after such person is no longer conducting such business or activity, or is no longer conducting such business at the location or for the employer specified in the permit, or such permit has been suspended or revoked.

(Ord. 73-O-388 § 37, 1973)