Torrance Municipal Code Art. 3 After-Hours Restaurants

After-hours eating establishments as used in this Article can be any place of business required to be licensed under the provisions of Sec. 42.1.4.(a) of Division 4 which sells or serves food products or beverages for consumption of such food products or beverages on any portion of such premises between the hours of 2:00 A.M. and 6:00 A.M.

No person shall operate or cause to be operated or participate in the operation of any after-hours restaurant without a permit from the License Division to do so having first been procured.

Permits issued under the provisions of this Article shall not be assignable to any other person.

The application for permit required by this Article shall be made and signed by the person intending to operate such after-hours restaurants and be filed with the License Supervisor. The application shall contain the following information:

a) The intended hours of operation;

b) The name and address of the owner or in the event more than one natural person is financially interested in the proposed restaurant, the names and addresses of all owners, participants, officers and directors of the applicant; and

c) Any other information reasonably required by the License Review Board.

Upon receipt of an application for a permit required by this Article from a person not then holding a valid permit for operation of such restaurant, the Chief of Police shall make an investigation of the applicant, the neighborhood and vicinity where such proposed restaurant will be located, and the past and anticipated characteristics of the intended use of the premises involved. Within twenty (20) days after receipt of said application, the License Review Board shall issue the permit if it finds:

a) That the application is complete and proper in form and all statements therein are true and correct;

b) That the proposed restaurant will create no apparent danger to the health and safety of the neighborhood or vicinity in which the restaurant is located;

c) That the intended use of the premises for which the permit is sought will not conflict with any laws of the State of California or ordinances of the City:

d) That either no alcoholic beverages are served at any hour of the day by said restaurant or said restaurant has a permit as a bona fide public eating place issued by the California State Department of Alcoholic Beverage Control; and

e) That no entertainment will be conducted on the premises between the hours of 2:00 A.M. and 6:00 A.M.

If the License Review Board finds that one or more of the requirements stated in Section 35.3.5. will not be satisfied in the operation of the proposed restaurant, said Board shall refuse to issue the permit; provided, however, that the license division may issue the permit upon the imposition of reasonable conditions appearing on the permit which, if observed by the applicant, will bring the intended operation into compliance with all the requirements stated in Section 35.3.5.

Violation of any of the conditions on the permit or operation without a permit shall constitute a misdemeanor.

Whenever any permit shall be issued by the License Division under the terms of this Article, the same may be revoked at any time thereafter pursuant to Article 9 of Chapter 1. Revocation shall be effected if the conduct of the business in question will in any manner endanger the public health, or is conducted in an illegal, improper or disorderly manner, or any requirement or condition of this Article to the granting of a permit is not complied with.