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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. -2- r 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. -3- Ord. No. 76-389/Page 4 i i 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; -4- Ord. No. 76-384/Page 5 i i - i (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. -5- 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. -6- Ord. No. 76-389/Page 7 i 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. -7- • F 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 5 I'w City Clerk, City of Ca son, lifornia