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HomeMy WebLinkAbout1802 o ORDINANCE NO. 1802 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING CHAPTER 2 AND 3 OF ARTICLE VI OF THE ARCADIA MUNICIPAL CODE REGARDING BUSINESS LICENSES AND PERMITS WHEREAS, the City of Arcadia issues licenses and permits for the conduction of businesses, professions, trades, occupations and related activities, and WHEREAS, sometimes the operation of establishments subject to the City's license and permit requirements are improperly conducted to the detriment of the public health, safety and welfare, and WHEREAS, to appropriately address such problems it is necessary to amend the various Sections of Article VI of the Arcadia Municipal Code, and WHEREAS, it is necessary to provides additional conditions that may be applied to licenses and permits consistent with the police power and due process of law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, 'CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Section 6150 and 6153 of the Arcadia Municipal Code are hereby amended to read as follows: 6150. CREATION OF DUTIES. The Business Permit and License Review Board (hereinafter referred to as "Board") is hereby created to review application for permits and hear appeals of business license denials and revocations pursuant to this Article and take such action as is authorized herein. -1- 1M2 6153. STANDARDS. The Board may refuse to approve the issuance of a permit whenever in its reasonable judgment such issuance will be materially detrimental to the public health, morals, safety or general welfare. A permit may be refused .if it is determined that the applicant or applicants agents have, in the conduct of the same or any similar business, activity, or enterprise been guilty of fraud, misrepresentation or conduct detrimental to the public welfare which includes operations or activities that do not comport with the peace, health, safety and convenience of the public such as (a) operation of a business , prohibited by local or state law (b) allowance of activities that . are or become a public nuisance which includes the disruptive conduct of business patrons whether on or immediately off the ,premises where such patrons disturb the peace, obstruct traffic, damage property, engage in criminal conduct, violate the law and otherwise impair the free enjoyment of life and property. SECTION 2. That Section 6212.8 of the Arcadia Municipal Code is hereby amended to read as follows: 6212.8. PERMIT PREREQUISITE/ZONING. The License Officer shall not issue any license for any business, profession, trade, commercial enterprise or occupation which is not permitted pursuant to the City's Zoning regulations or for which a permit from the Council is required by any provision of this Code until a permit is obtained pursuant to Chapter 3 of this Article, nor if any such permit has been revoked or has expired and has not been reinstated or renewed. Any license issued under this Chapter for any business, profession, trade, commercial -2- 1802 enterprise or occupation for which a permit from the Council is required by any provision of this Code, for all or part of the activities on licensed premises, shall be voidable upon the revocation or expiration of any such permit. SECTION 3. That the Arcadia Municipal Code is hereby amended by adding Sections 6216.6, 6216.7 and 6216.8 to read as follows: 6216.6. DENIAL OF LICENSE. Subject to appeal pursuant to Section 6216.8, the License Officer may refuse to issue a license under this Article if it is determined that the applicant or applicants agents have, in the conduct of the same or any similar business, been guilty of fraud, misrepresentation or conduct detrimental to the public welfare which includes operations or activities that do not comport with the peace, health, safety and ~onvenience of the public such as (a) operation of a business prohibited by local or state law (b) allowance of activities that are or become a public nuisance which includes the disruptive conduct of business patrons whether on or immediately off the premises where such patrons disturb the peace, obstruct traffic, damage property, engage in criminal conduct, violate the law and otherwise impair the free enjoyment of life and property. 6216.7. REVOCATION. The City License Officer may revoke any business license when the holder has violated any of the conditions of said license, or has violated or permitted to be violated any law or laws of the United States or the State, or any Ordinance applicable to the premises where the business covered by said license is conducted, or in connection with said -3- 1802 business. Further, a license maybe revoked pursuant to the same grounds specified in Section 6216.6 for denial of issuance of a license. 6216.8. NOTICE AND APPEAL. The actions taken pursuant to Section 6216.6 and 6216.7 require at least ten (10) days written notice to the applicant, Within five (5) days of receipt of , notice of denial or revocation, the applicant may file an appeal to the Business Permit and License Review Board. Upon the filing of an appeal, and no later than ten (10) days from the date of such appeal, the hearing shall be conducted by the Board at which time the applicant may present evidence in his favor and in opposition to the proposed denial or revocation. At .the conclusion of the hearing, but no later than ten (10) day thereafter, the Board shall make findings and recommendations to the City Council. They shall be transmitted to the Council for placement on the agenda at the first regularly scheduled Council meeting subsequent to the rendition of findings and a recommendation by the Board. The City Council shall consider the findings and recommendations of the Board and may adopt them in total, or the City Council may amend, modify or reject the recommended decision of the Board. In addition, the City Council may send the findings and recommendations back to the Board with instructions to rehear any relevant matter not previously heard ~nd then resubmit additional amended or modified findings to the Council. The Council may revoke, amend, modify, or impose such other or further terms, conditions or restrictions on the terms, conditions or restrictions theretofore placed in said permit as -4- 1802 the Council finds reasonable or necessary to insure that he business enterprise, occupation or activity will not be contrary , to or inimical to or jeopardize the preservation of the public peace, safety or welfare of the City or its inhabitants or be detrimental to other properties or businesses in the vicinity. SECTION 4. That Sections 6311.2, 6311.4, 6311.6 and 6312.2 of the Arcadia Municipal Code are hereby amended to read as follows: 6311.2. SAME. BUSINESS DESCRIPTION. The nature and a complete description of the business or activity for which a permit is requested. 6311.4. SAME. EQUIPMENT. A description of the nature and amount of equipment to be used in connection with such business or activity. 6311.6. SAME. DATES AND HOURS. The dates upon which such business or activity is to be conducted or maintained and the hours during which it is proposed to conduct or maintain such business. 6312.2. COUNCIL ACTION. The Council may, after investigation of said application and of said proposed business, grant or refuse to grant a permit therefor. The Council sha~l ,have the right to and shall refuse any such permit if it shall find and determine that the granting of the same or the conducting of the business for which a permit is requested will be injurious, detrimental or harmful to the public peace, health, safety, morals or welfare of the City of the inhabitants thereof, ,or if the application is found to contain false or misleading -5- 1802 statements on behalf of or by the applicant.. The Council may refuse to issue a permit under this Article if it is determined that the applicant or applicants agents have, in the conduct of the same or any similar business been guilty of fraud, misrepresentation of conduct detrimental to the public welfare which includes operations of activities that do not comport with the peace, health, safety and convenience of the public such as (a) operation of a business prohibited by local or state law (b) allowance of activities that are or become a public nuisance which includes the disruptive conduct of business patrons whether on or immediately off the premises where such patrons disturb the 'peace, obstruct traffic, damage property, engage in criminal conduct, violate the law and otherwise impair the free enjoyment of life and property. The action of the City Council in granting or refusing a permit shall be final. SECTION 5. That Section 6313.1 of the Arcadia Municipal Code is hereby repealed and deleted. SECTION 6. That Sections 6313.1.1, 6314, 6323 and 6323.36 of the Arcadia Municipal Code are hereby amended to read as follows: 6313.1.1 REQUIREMENTS WAIVED. The Council may, upon the :recommendation of the Chief of Police, waive the permit requirements as to applications for renewal of any permit originally issued in accordance with the procedure outlined in :this Part for a business or activity which has been conducted at 'the same location, and under the same ownership or management -6- 1802 without interruption during the preceding permit period, when in the judgment of the Police Chief, there is no cause or reason to require reprocessing pursuant to this Part. 6314. GROUNDS. The Council may revoke any permit issued by it under the provisions of this Chapter upon any ground upon 'which such permit could or should have been denied in the first instance, or whenever the Council is satisfied that the conduct of any such business does or will in any manner endanger, threaten or jeopardize the public health, safety, morals, peace or welfare or that the same has been conducted in an illegal, improper or disorderly manner or that such permit was obtained upon false or misleading statements or representations of or on behalf of the applicant. The Council may revoke if it is determined that the applicant or applicants agents have, in the conduct of the same or any similar business, been guilty of fraud, misrepresentation or conduct detrimental to the public welfare which includes operations or activities that do not ~omport with the peace, health, safety and convenience of the public such as (a) operation of a business prohibited by local or state law (b) allowance of activities that are or become a public nuisance which includes the disruptive conduct of business patrons whether on or immediately off the premises where such patrons disturb the peace, obstruct traffic, damage property, engage in criminal conduct, violate the law and otherwise impair the free enjoyment of life and property. -7- 1802 6323. PERMIT REQUIRED. A separate permit shall be required for each business, occupation, trade, concession or activity mentioned in any of the following subsections of this Division. 6323.36. ANY OTHER BUSINESS CONDUCTED FOR THE PURPOSE OF PUBLIC ENTERTAINMENT OR ENJOYMENT including but not limited to 'businesses where such activities accompany or are ancillary to another use such as the utilization of musicians, bands, or other live entertainment provided by the licensee. In such cases, the business licensee shall be responsible for all entertainment permits applicable to the licensed premises and shall be required to set forth the schedule of performance, the nature and scope of . the performance, exhibition, show or contest and provide whatever other information deemed necessary by the License Officer that is reasonably related to appropriate consideration of the permit. SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published once in the official newspaper of said City within fifteen (15) days of the adoption hereof. Passed, approved and adopted this 6th day of November 1984. a:1/~'~ Mayor/of the ity of Arcadia Pro Tern ATTEST: City Clerk of ,~,~ -8- 1802 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) CITY OF ARCADIA ) I, CHRISTINE VAN MAANEN, City Clerk of the City of Arcadia, hereby certify that the foregoing Ordinance No. 1802 was passed and adopted by the City Council of the City of Arcadia, signed by Pro Tern ,the Mayor/and attested to by the City Clerk at a regular meeting . of said Council held on the 6th day of November , 1984, and that said Ordinance was adopted by the following vote, to-wit: AYES: Councilman Gilb, Lojeski, Pellegrino and Young NOES: None ABSENT: Counc i Iman Hannah, ,. ~~~Ak-- .;) -9- 1802