HomeMy Public PortalAbout76-389 ORDINANCE NO. 76-389
AN ORDINANCE OF THE CITY OF CARSON MODIFYING
THE PERMIT PROCEDURE AND AMENDING THE
CARSON MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF CARSON DOES ORDAIN AS FOLLOWS:
Section 1. The Carson Municipal Code is- amended
by amending Part 4 of Chapter 3 of Article VI to read :
PART 4. PERMIT PROCEDURE
6370. Permit Required for Certain Businesses.
In addition to the payment of a license fee as provided for in
Parts 2 and 3 of this Chapter , certain businesses, professions,
trades or occupations set forth in Part 5 shall first obtain, '
as provided in this Part, a permit to operate such business,
profession, trade or occupation within the City of Carson. No
person shall operate such a business' profession, trade or
occupation without first obtaining a permit to here
after set forth. The Director of Finance, orhis authorizedin-
deputy, shall not issue a license to any person to conduct a
business, profession, trade or occupation for which a permit is
required as hereinafter . set forth unless said person has in
existence _a valid and unexpired permit from the City to conduct
said business, trade , and/or occupation.
6371 . Permit Requi
Sep red for Certain Businesses
Separate.- A separate permit shall be applied for and obtained
for each and every business , occupation, ; trade or profession
for which a permit is required by Part 5 or any other provision
of this Code, regardless of community of ownership of such
business, occupation, trade or profession with any other
business, occupation, trade or profession, or whether the same
have a common management or location.
6372. Other Businesses not Enumerated . This Part
provides a special permit procedure for those businesses
enumerated in Part 5. The omission therefrom of other busi-
nesses or activities covered in other provisions of this Code
requiring permits or franchises shall not be deemed or con-
strued as an intention to relieve such businesses or activities
from the permit procedure or franchise procedure under which
they may be governed , or which may be applicable under other ,
sections of this Code or State Law.
6373. Unlawful Businesses. Notwithstanding any
other provisions of this Part the Finance Director shall not
issue a permit to anyone to operate or participate in the
-operation of any business, profession, trade, occupation,
service unlawful by this Code or by
State Laww,. activity which is made �
6374. Application, The application for any permit
required by Parts 4 and 5 shall be filed with the Finance r
shalltset forth at least dthe dfollowing by nformationicant, and
Ord. No. 76-3$9/Page 2
(a) The name and address of the applicant. If
the applicant is a corporation, the name shall be exactly
as set forth in its articles of incorporation.
(b) The name and address of the person by whom
employed , if any. If filed on behalf of a partnership,
corporation or association, then the names and addresses
of the partners or principal officers of the partnership,
corporation or association shall be stated , and if appli-
cant is a corporation , the names and addresses of its
directors and the name and address of the officer who is
duly authorized to accept the service of legal process.
(c) The nature of the business for which a permit
is requested .
(d) The place where such business is to be
conducted, r
(e) A brief description of the nature and amount
of equipment to be used in the business.
( f) The personal description of the applicant, ,.
if an individual .
(g) Such evidence of the identity of the appli-
cant as the Finance Director may require.
(h) Fingerprints and thumbprints of an indivi-
dual applicant only when specifically required. :
6375. Permit Fee . Unless otherwise stated in Part
5 of this Chapter , the fee for filing an application for a
permit pursuant to this Part shall be twenty-five dollars
( $25. 00) payable in advance. The application fee is non-
refundable. The license fee prescribed in Part 3 of this
Chapter for the particular business, in addition to the permit
fee , shall accompany the application. If a permit be denied ,
the license fee paid shall be refunded .
6376. Granting or Refusal of Permit. Except as may
otherwise be provided in this Part, the Finance Director , upon
an investigation of an application and of the business proposed
to be conducted upon said premises, may grant or refuse to
grant a permit. The Finance Director shall have the right to r
refuse to grant any permit if he determines that the granting
of the same or the conduct of the business will be contrary to
the preservation of the public peace, health, safety, morals or
welfare of the City or its inhabitants. In addition, no permit
shall be granted 'if:
(a) The business is prohibited by any local r
or state law, - statute, rule or regulations, or prohibited
in the particular location by any law, statute or rule.
(b) The granting of the permit would result in
the establishment of use or occupancy of land in violation
of the Zoning Ordinance or Zoning Map of the City.
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Ord. No. 76-389/Page 3
(c) The granting of the permit would result
in an occupancy or use in violation of any other provision
or regulation of this Code .
(d ) The granting of the permit or occupancy
or use pursuant thereto would result in the creation or
maintenance of a public nuisance .
(e ) The granting of the permit, by reason of
special or unusualccircumstance, would be detrimental to
the public interest or endanger the public health, - safety,
morals or -welfare.
( f) The applicant is unfit to be trusted with
the privileges granted by such permit or has a bad moral
character , intemperate habits or a bad reputation for
truth, honesty or integrity.
(g ) The applicant has knowingly made a false
statement on a material matter in the application and it
is, therefore , in the public interest that such permit not
be granted .
6377. Real Party in Interest. The Finance Director ,
Chief of Police , or other appropriate officer may examine under
oath any applicant to determine who is the real party in
interest in the business, profession , trade or occupation for
which a permit is sought. If the Finance Director or other
official :having jurisdiction is satisfied that the person in
whose name the application is made is not the real party in
interest, he may deny the permit.
If the Finance Director or such other official finds that the
real party in interest as to the application is one whose
permit has been revoked or who has been refused a permit, he
may treat the application as though made by the real party in
interest for all purposes of this Chapter .
6378. Change of Interest. Every person having a
permit issued pursuant to this Chapter shall within five ( 5 )
days after any change of ownership or any of the information or
facts required to be stated in the application for permit,
notify the Director of Finance in writing of any such change.
6379. Change of Advertised Name. If any permittee
adopts a name or designation not specified in its application
for a permit, or changes such name or designation , such per-
mittee shall, within five days thereafter , notify the Finance
Director in writing of such change .
6380. Change in Directors. Within thirty days after
any change of directors- of a corporate permittee, the permittee
shall notify the Finance Director in writing of such change and
shall file an application for approval of the change of directors,
and pay a fee of $15. 00. If such permittee shall fail to
comply with the provisions of this section, or if the Finance
Director shall deny the approval of the change of directors ,
the permit theretofore issued to such corporation shall become
null and void upon such change of directors without the Finance
Director 's approval or upon such denial.
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6381 . Same, Conditions . In granting any permit, the
Finance Director , may, in the application of the standards
stated in Section 6376 in order to protect the public peace ,
health, safety, morals or welfare , impose reasonable conditions
or regulations pertaining to the conduct of such business or the
occupancy or use of any land or building in connection therewith ,
in addition to, but not limited by those regulations contained
in this Part.
6382. Investigafion. Upon receipt of an application
for a permit under this Part, the same shall be referred to the
appropriate agencies for investigation and report pertaining to
relevant zoning , building , health, safety, fire and law enforce-
ment.
6383. Revocation , Suspension, Grounds. Any permit
issued under the terms of this Part may be revoked or suspended
at any time thereafter by the Finance Director in the following
instances:
(a ) Where the permittee has violated any terms
or provisions of said permit, any provisions of the Carson
Municipal Code , or any other ordinance or statute relating:
to the permitted activity;
(b) Where the permittee has knowingly made any
false , misleading or fraudulent statement of a material
fact in the application for a permit, or in any report or
record required to be filed with any governmental agency;
(c ) Where the permittee has been convicted of a
felony or any crime involving theft, embezzlement or moral
turpitude ;
(d ) Where the permittee has committed any act
constituting dishonesty or fraud;
(e) . Where the permittee has demonstrated a bad
moral character , intemperate habits , or a bad reputation
for truth, honesty or integrity;
( f) Where the permittee has committed any
unlawful , .false , fraudulent deception or dangerous act
while conducting a licensed business;
(g ) Where the ' permittee has published , uttered
or disseminated any false , deceptive or misleading state-
ments or advertisements in connection with the operation ^
of a licensed business;
(h) Where the permittee has violated any rule
or regulation adopted by any governmental agency related
to the licensee' s business;
( i ) Where the permittee willfully fails to comply
with the terms of any contract made as a part of the
exercise of the licensed business;
( j ) Where the permittee has conducted the
licensed business in a manner contrary to the peace,
health, safety and the general welfare of the public;
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(k ) Where the permittee has demonstrated that
he is unfit to be trusted with the privileges granted
fby the permit and license .
6384. Suspension or Revocation - Capping. In addi-
tion to the grounds stated in any other section of this chapter ,
the Finance Director shall suspend for a period -of not less
than ten (10 ) days nor more than sixty ( 60) days an ambulance
operator license- granted pursuant to Sections 63100 and 63103
; - or a tow truck operator license granted pursuant to Sections
63100 and 63151 if he finds that any such licensee, his agent
or employee , general manager - or person who is exercising
managerial authority of or on behalf of the licensee has acted
as a runnier or capper as prohibited by Sections 6151 and 6152
of the California Business and Professions Code .
In addition to the grounds stated in any other section of this
chapter , the Finance Director shall revoke an ambulance operator
license granted pursuant to Sections 63100 and 63103 or a tow
truck operator license granted pursuant to Sections 63100 and
63151 if he finds that any such licensee , his agent or employee ,
general manager , or person who is exercising managerial authority
of or on behalf of the licensee or any combination of such
persons has acted as a runner or capper as prohibited by
Sections 6151 and 6152 of the California Business and Pro-
fessions Code more than once in any twelve-month period.
6385. Appeal - Initiation - Contents of Notice of
A2peal . Any person may file an appeal with the City Clerk from
any decision of the Finance Director or any condition or
regulation imposed by the Finance Director . Any such appeal
shall be in writing and shall- specify: .
(a) The name and address of appellant;
(b) The matter being appealed ;
(c) A statement of the grounds of appeal .
6385. 1 . Notice of_Deficiency. If a Notice of Appeal
filed with the City Clerk is found by the City Clerk to be
deficient, the City Clerk shall forthwith deliver or mail or
cause to be mailed to the appellant by certified mail addressed
to the appellant at the address of the appellant accompanying
said Notice of Appeal , a Notice of Deficiency specifying the
particulars in which the Notice . of Appeal is deficient. If
such deficiency has not been corrected by the appellant within
seven ( 7 ) days after such mailing of such Notice of Deficiency
by filing with the City Clerk a sufficient amendment to said
Notice of Appeal , the Notice of Appeal shall be deemed to be
withdrawn.
6385. 2. Transmission of Factual Data. Upon the
filing of a Notice- of Appeal , the City Clerk shall notify the
Finance Director , who shall thereupon transmit to the City
Clerk a copy of the factual data in the file of the Finance
Director. Upon receipt of the factual data, the matter shall
be placed on the agenda of the City Council for hearing.
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Ord. No. 76-389/Page 6
6385.3. Hearing on Appeal , Notice. Whenever a
hearing is required by this Part, notice of the hearing is to
be given to the appellant not less than five ( 5) days before
such hearing either by registered or certified mail , postage
prepaid , return receipt requested , addressed to the appellant
or other interested person at the address stated in the notice
of appeal or as filed with or known to the City Clerk, or in
the manner required for the service of summons in civil actions.
6385. 4. Hearing. At the time of the hearing , the y
Council shall hear and consider any relevant and material
evidence and reports. In such hearing , the appellant shall be
given an opportunity to appear either personally or by counsel
and to be heard and to call witnesses on his behalf. The
Council may place any witness, including the appellant, under
oath. The hearing may be continued from time to time as
determined necessary by the Council or upon the request of the
appellant upon good cause being shown therefor , in the sound
discretion of the City Council .
6385. 5. Hearing , Decision. At the close of the
hearing or at any time within thirty ( 30) days thereafter , the _
City Council shall determine from the facts produced at the
hearing and from any other facts in its possession and presen-
ted at such hearing , whether to grant or deny the appeal . The
Council may make its order conditional upon the appellant doing
or not doing any act, either personally or through his servants
or agents, which the Council deems for the public good.
6385. 6. Notice of Decision. Unless the Council
publicly announces its decision at the close of the hearing , it
shall , within thirty ( 30) days thereafter , cause notice of its
decision to be given . Such notice shall be given either by
personal delivery thereof to the appellant or to any employee
of such appellant at the address set forth in the notice of
appeal , providing -said. permittee is absent from said place of
business, or by depositing such notice in the United States
Mail in a sealed envelope , first class registered or certified
mail , postage prepaid , return receipt requested , addressed to
the appellant at said address or to such other address of the
appellant as may be filed with or known to the City Clerk.
Service by mail shall be deemed to have been completed at the
time of the deposit in a facility of the United States Post
Office Department in the City.
6386. Proof of Notice . Proof of giving any notice
herein required may be made by the certificate of any officer
or employee of this City, or by affidavit or declaration under
penalty of perjury of any person over the age of eighteen f
years , which shows service in conformity with this Part.
6387. No License to be Issued. After revocation
or suspension of any permit by the Finance Director , no license
shall thereafter be issued by the Finance Director to the
licensee or permittee to carry on any business or do any act
for which said permit was granted until a new permit and
license shall have been granted therefor by the City Council
following a public hearing pursuant to the procedure provided
in Sections 6385. 3, 6385. 4, and 6385. 5.
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6388. New License Required. , No person whose license
or permit has been suspended or revoked pursuant to this Part
shall engage in or carry on any business or do any act permitted
to be done pursuant to such license or permit during the period
of suspension or after revocation thereof, until a new license
or permit shall have been granted and both such permit and
license shall be in full force and effect.
6389. False Statements . No person shall make
any false, misleading or fraudulent statement, or misrepresen-
tation of any fact in any application for a license or permit
required to be filed with the Finance Director or any author-
ized officer or employee of this City. In addition to any
other penalties provided in any Chapter of this Code , such
conduct shall be grounds for suspending or revoking any license
or permit issued to such person.
6390. Posting . Permits shall be posted or kept in i
like manner as provided with respect to licenses 'in Section
6328 of this Chapter .
6391 . Annual Renewal . Notwithstanding any other
provision of this chapter , permits issued hereunder shall be
renewed annually by the Director of Finance provided he has
received favorable reports with respect thereto from all
investigating agencies concerned . The purpose of the annual
renewal herein contained is to determine compliance with the
provisions of this Code and with any terms or conditions of
permit issued under this Chapter .
6392. Non-Transferability. No permit issued under
this Part shall be transferable except by the consent of
the Finance Director .
6393. Non-Profit Organizations. Upon written
request and for good cause , the Council may, by motion adopted
by four-fifths of its members , waive any of the requirements of
this Chapter as to application, hearing and permit fees with
respect to any institution- or organization which is conducted ,
managed or carried on wholly for the benefit of charitable ,
religious, educational , recreational , or scientific purposes
and from which profit is not derived either directly or in-
directly by any individual , firm or corporation.
6394 . Permit Fees , Due Dates , Proration. Except
as otherwise provided in Parts 4 and 5 of this Chapter , all
permit fees required by said Parts 4 and 5 shall be due and
payable to the City in advance, whether such fees shall be for
1 an original permit or a renewal permit. Except as otherwise
provided in this Chapter , such permit fees shall be for the
term of one ( 1 ) year which shall be the calendar year , and
renewal permit fees shall be due. and payable on January 1 of
each year .
6395.1 Delinquency and Penalties:
(a) Delinquency defined: Any permit fee
required by this Chapter is delinquent if not paid on or
before=_ the close of business on the last day of the month
following the month in which the fee became due . Original
permit fees are due prior to the commencement of any
business requiring such permit fee.
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Ord. No. 76-389/Page 8
( b ) Penalties: When any permit fee required by this Chapter becomes
delinquent, as herein provided, a maximum penalty not to exceed fifty percent ( 50% )
of the original amount of such permit fee shall be added to the original permit fee.
Provided, however, that if such penalty should be greater than five hundred dollars
($500.00), then a maximum of $500.00, or a fraction thereof, shall be added for each
day that such permit fee is delinquent, up to a maximum total penalty of fifty percent
( 50% ) of the original amount of such permit fee.
PASSED, APPROVED and ADOPTED this 20th day of December 1976.
r MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby
certify that the whole number of members of the City Council of said City is five; that
the foregoing ordinance, being Ordinance No. 76-389, passed first reading on
December 6, 1976 , .,vas duly and regularly adopted by theCity Council of said City
at a regular meeting of said Council, duly and regularly held on the 20th day of
December 1976 and that the same was so passed and adopted by the following
roll call vote:
AYES: COUNCIL MEMBERS: Marbut, Colas, Bridgers, Smith & Yamamoto
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
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I'w City Clerk, City of Ca son, lifornia