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HomeMy WebLinkAbout0823ORDINANCE N0. 823 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ORDINANCE N0. 737 OF SAID CITY BY AMENDING SECTIONS 18, 19 AND 29 THEREOF. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 18 of Ordinance No. 737 of the City of Arcadie, entitled, "An Ordinance of the City Council of the City of Arcadia, California, licensing the Transaction and Carrying on of Certain Businesses, Trades, Professions, Callings and Occupations in the City of Arcadia, for the purpgse of raising Municipal Revenues and Providing a Penalty for the Violation Thereof and Repealing all Ordinances or Parts of Ordinances in Conflict herewith^, adopted November 16, 191}8, be and the same is hereby amended to read as follows: 5ECTION 18. Permit required for certain businesses. No person shall maintain or operate, and no license shall be. Sasued for any of the following businesses: Administrator's sales, Assignee's sale a, Bankruptcy sales, Closing out sales, Creditor's sales, Executor's sales, Forced sales, Insolvency sales, Receiver's sales, Removal Sales, sales of goods damaged by fire, smoke, water, wreck, earthquake or other calamity, except those conducted under and pursuant to the order of any court. Amusement Centers or Arcades Automobile or truck dismantling or disassembling, or selling of dismantled parts Auto wrecking business Ball, dart, knife or ring throwing, or other similar device Bazaars Billiard Hall Bowling Alley Boxing Matches or Contests Carnivals Chautauquas Children's Boarding School Chutes Circuases Commercial Dump Dance Hall, Dancing Clubs, or Public Dances Day Nursery or Day Nursery School Dog Kennels Exhibitions Fairs Ferris Wheel Fireworks Stand Game machines Home for Aged Hospital Itinerant Vendor Junk Dealer Junk Yard I{inetoscope, showing or renting use of Legitimate Theatre Houses Lung Tester, a showing or renting use of Herry-go-round Microscope, showing or renting use of Miniature Railway Motion Picture Theatres Muscle Rester, showing or renting use of Opera houses Operas and Operettas Pawnbroker Peddler Pool Room Practice of astrology, palmistry, phrenology, life reading, minerology, fortune telling, cartomacy, clairvoyance, clairaudience, crystal gazing, hypnotism, mediumship, prophecy or augury, for which a fee is demanded or received. Private Day or Boarding School _z- ~~ ~~ ~~ Public Auctions (except auctions of horses held in connection with horse-racing licensed by the State of California) Races and Speed Contests, either by human beings, animals (other than horses) or vehicles of any kind. Rest Home Riding Stables and Academies Road Shows Rubbish Collection or Removal Sanitarium Second-Hand Store or Dealer Shooting Gallery Sideshows Skating Rink Social Clubs Solicitor Taxicabs Telescope, showing or renting use of Trailer Parka Used Motor Vehicle or Trailer Business Weight Guessing Machine, showing or renting use of, or any other similar machine, instrument or device not named herein. Wrestling Matches or Contests Zoos or Manageries Any other business conducted for the purpose of public entertainment or enjoyment Any other business or occupation for v~ich a permit is required by any other Ordinance of the City of Arcadia. until a permit has first been obtained therefor from the City Council upon application in writing for such permit pursuant to the provisions of this section. (a) Application. The application for any permit required by this section shall be filed with the City Clerk, shall be signed and verified by the applicant and shall set forth the following: - ~ - ~ ~ ,-~ ~~ ~~ ~~ (1) The name and address of the applicant. (2) The name and address of the person by whom the applicant is employed, if he is thus employed. (3) The nature and a complete description of the business for which a permit is requested. I (1}) The place where such business is to be con- ducted, including the following: A. The zoning applicable to the property upon which said business or occupation is to be conducted. B. The structural development and other improvements located upon said property C. The zoning applicable to the real property adjacent to and within five hundred feet of the premises upon which the buainesa or occupation, for which a permit is requested, is to be conducted or maintained. D. The structural improvement and other devebpments located in or upon the real property described in subsection C. E. The use to which the property described in subsection C is actually devoted. (5) A description of the nature and amount of equipment to be used in connection with such business. (fi) An estimate of the number of persona that can attend or be served by said buainesa or occupa- tion at any one time. (7) The dates upon which such business is to be conducted or maintained and the hours during which it is proposed to conduct or maintain such buainesa. (8) The personal description of applicant. (9) Fingerprints and thumbprints of the applicant. (10) Adequate evidence of the identity of the applicant. (11) Statement of the entire criminal record of the applicant for the past five years. (12) The address of all residences of the applicant during the past five years, the address at which the applicant has engaged in any business or occupation during the past five years and the name and nature of said business at such address. (b) Granting or refusal of permit. The City Council may, after investigation of said ~ plication and of said proposed business, grant or refuse to grant a permit therefor. The City Council shall 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, morale or welfare of the City of Arcadia or the inhabitants thereof. If such permit is granted, the City Council may impose such terms, conditions, restrictions and limitations upon the operation and conduct of such business, not in conflict with any paramount law, as it may deem nece~- sary or expedient to protect the public peace, health, safety, morals or welfare of the City or the inhabitants thereof. (c) Public Hearing on application for permit. Upon the receipt of an application in the form prescribed in sub- division (a) of this section, for any business for which a permit is required under this section, the City Clerk shall seta date for a hearing on the matter of such application before the City Council, which date shall not be more than ~-5- thirty days after the filing of the application, and shall cause a notice of such hearing to be published once, at least five days prior to the date set for such hearing, in a newspaper of general circulation, published and circulated in the City of Arcadia. Such notice shall contain the name of the applicant, the nature and proposed location of the business for which a permit is requested, and the time and place of such hearing. The City Council may for good cause, continue such hearing from time to time. The action of the City Council in granting or refusing a permit shall be final. (d) Investigation of Application. The City Clerk shall, without unnecessary delay, refer any such application for a permit to the Chief of Police of the City of Arcadia for inves- tigation of any facts which in his opinion warrant investiga-, tion. The City Council may at any time after notice of the filing of any such application, refer the same to the Chief of Police, to the City Planning Commission, to the City r~gineer-- ing Department or to any other department or agency for the investigation and report to the Council upon any portion or portions of said ~ plication. (e) Permits for continuing or existing businesses. No public hearing shall be required for the renewal of any permit origin- ally issued in accordance vid.th the procedure outlined in this section, or for any business xh ich shall have operated at the same location in the City of Arcadia and under the same owner or management without interruption for more than one year prior to the effective date of this Ordinance; provided, however, that the City Council may for any reason require a public hearing in any of the foregoing cases. The City Council may, upon the recommendation of the Chief of Police of the City of Arcadia, waive the requirements of subsections ~}., 8, 9, 10, 11 and 12 of subdivision (a) of this section as to applications for -6- ~,~~~ ,~~ renewal of any permit originally issued in accordance with the procedure outlined in this section, and may waive the requiremen is of sub sec tiona L{. to 12 inclusive as to any application for a permit for a business vdiich shall have been conducted at the same location in the City of Arcadia and under the same ownership or management without interruption for more than one year prior to the effective date of this ordinance. In any application for the renewal of any permit issued in accordance with the procedure outlined in this section it shall be sufficient for applicant to insert the words "same as in prior application" wherever such words are truly applicable. (f) The City Council may upon written request to the Council, by motion of four-fifths of its members, waive any or sll of the requirements of Section 18 of this Ordinance v~ith respect to any institution or organization which is conducted, managed or carried on v~ olly for the benefit of charitable, religious, educational, recreational or scientific purposes and from which profit is not derived either directly or indirectly by any individual, firm or corporation. (g) Posting of Permit. On the granting of any such permit required by this section, the City Clerk shall sign and issue a written permit to the applicant, which permit shall contain the name of the applicant and of the business for which the permit is issued, the dates for which such permit is issued, the location for which such permit is issued and the conditions and restrictions upon Ahich such permit is issued. Such permit shall be posted in a conspicuous place on the premises where the busi- ness for which such permit is issued is conducted and shall remain so posted during the period the permit shall be in force. (h) Permits required. A separate permit shall be applied for and obtained for each and every kind of business, occupation, trade or concession for which a permit is required by this - 7 - ~~ ~~~ section, regardless of community of ownership, management or location. (i) Permit Fee. Each application for a permit for arty business enumerated in Section 18 of this Ordinance shall be accompanied by the payment of 25.00 to cover the coat of advertising and investigation relative to such application. Upon the granting or denying of such application the City Council shall refund the unused portion of such fee and the City Councils determination of the cost of advertising and of the investigation shall be final. SECTION 2. That Section 19 of the aforesaid Ordinance No. 737 of the City of Arcadia be and the same is hereby amended to read as follows: SECTION 19. Revocation or suspension of permit. The City Council may revoke any permit issued by it under the terms of this section upon any ground upon which such permit could or should have been denied in the first instance or ~~ whenever the City 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 the applicant. Said City Council may revoke or suspend any permit issued by it for any business enumerated in this section where the proprietor ' or person in charge thereof violates or permits any infraction of any law of the State of California or any Ordinance of the City of Arcadia. The City Council may, without necessity of any public hearing, suspend or revoke any permit issued under the terms of this section if the permittee shall have been ad- judged guilty of a misdemeanor under Ordinance No. 737 of the -8- ~,t~ . ~'~ City of Arcadia. The City Council for any of the foregoing reasons may suspend or revoke any permit issued under this section after a public hearing afforded the permittee upon at least five days written notice mailed to the permittee at the address shown in his application for such permit. For any of the foregoing reasons the Chief of Police of the City of Arcadia may by written order temporarily suspend any permit issued under the terms of this section by posting a copy of such order of suspension at any conspicuous portion of the premises for which such permit was issued. Such sus- pension shall remain in full force and effect until the next regular meeting of the City Council, at which such meeting the Council shall consider the matter of the temporary suspension and may thereupon rescind, modify or continue such suspension or may revoke such permit or affix new or different terms to the continuance of such permit. The posting of such order of suspension by the Chief of Police as specified in this aub- aection shall be tantamount to and in lieu of any other or further notice of such hearing by the City Council. SECTION 3. That Section 29 of the aforesaid Ordinance No. 737 of the City of Arcadia, be and the same is hereby amended to read as follows; SECTION 2q. Status of Existing Permits. All permits heretofore issued by the City of Arcadia under this or any other regulatory ordinance of said City shall remain in full force and effect until the expiration date therein specified; if no expiration date is therein specified, such permits shall expire on December 31, 1950. All businesses for which a permit is required by the terms of Section 18 of this Ordinance, which are in actual operation upon the effective date of Ordinance No. 823, shall have to and including the 2nd day of January, 1951 within which time to make application for the permit required for such business, and may continue to operate there- after until final action is taken by the City Couneil on such -9- Q,t~~P'~~ application. Any business for ~aich a permit is required under Section 18 of this Ordinance commencing after the effective date of Ordinance No. 823 shall not commence opera- ti on until a valid and proper permit shall have been issued by the City Council for such business. It shall be unlawful for any person to maintain or operate any business enumerated in Section 18 of this Ordinance without having applied for or received a permit therefor as required by this Ordinance, and each day or frac- tion of each day during which any person shall maintain or operate any business enumerated in Section 18 contrary to any provision of this Ordinance shall constitute a separate violation. SECTION The City Clerk shall certify to the adoption of this Ordinance and prior to the expiration of fifteen (15) days from the passage thereof shall cause the same to be published once in the Arcadia Bulletin, a newspaper of general circulation, published and circulated in the City of Arcadia. I HEREBY CERTIFY that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Arcadia held on the 21st day of November 1950, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Kennett, Klomp, Nottingham,Schmocker and Sullivan NOES: None ABSENT :None SIGNID AND APPROVID this ATTEST: City Clerk ~~ City Clerk of the City of Arcadia 21st day of v ber 195 v Mayor of the City of Arcadia - 10 ~~~~~~