HomeMy WebLinkAboutItem 1a: Ordinance 2263: Business Permit and License Review BoardDevelopment Services Department
DATE: November 17, 2009
TO: Mayor and City Council
FROM: Jason Kruckeberg, Development Services Director k
By Jim Kasama, Community Development Administrator and
Silva Vergel, Business License Officer
SUBJECT: ORDINANCE NO. 2263; AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ARTICLE VI
(BUSINESSES, PROFESSIONS, TRADES AND OCCUPATIONS) OF
THE ARCADIA MUNICIPAL CODE CONCERNING THE BUSINESS
PERMIT AND LICENSE REVIEW BOARD.
Recommendation: Introduce
SUMMARY
Many of the current business license issuance, denial, revocation and appeal
processes are inefficient and inconsistent with current practice; particularly with regard
to timely review and issuance, and with compliance with open meeting requirements
for appeal hearings. After having the City Attorney's Office review the entire business
license portion of the municipal code (Article VI) the attached ordinance is proposed to
primarily rectify those processes that should, or should not involve the Business Permit
and License Review Board, and to change the makeup of that Board from City staff
members to the City Planning Commission because many business licensing issues
are also land use issues. The proposed ordinance does not address all aspects of
Article VI. It is limited to addressing the duties of the Business License Officer and the
Business Permit and License Review Board. Additional aspects of Article VI will be
addressed in subsequent ordinance proposals.
BACKGROUND
Based on the annotations of amendments, the current version of Article VI was
originally adopted prior to November 1, 1960 and provides for much of the business
permitting and licensing to be processed through the City Council. Amendments have
reassigned many, but not all of those duties to the Business License Officer. The
primary task of the City Council with regard to business licenses and permits should
be the final arbiter of appeals, but there are many instances where the processes have
not been formally amended. Other parts of Article VI call for certain types of permits
and licenses to be reviewed by the Business Permit and License Review Board that is
comprised of three City staff members: The Fire Chief or designee, the Administrative
Services Director or designee, and the Public Works Services Director or designee,
with the Development Services Director or designee serving as secretary. It appears,
based on the language in many sections of Article VI, that the Business Permit and
License Review Board is to provide technical advice to the Business License Officer
with regard to whether an application should be approved, conditionally approved, or
denied. Current practice along with the numerous other regulations and standards
established by other agencies, as well as the City, renders the review of applications
by the Business Permit and License Review Board redundant and serves only to delay
the issuance of the licenses and permits.
The other function of the Business Permit and License Review Board is to serve as an
advisory body to the City Council on appeals of business permit and license denials,
revocations and suspensions. Such appeals are currently first heard by the Business
Permit and License Review Board, which then transmits its findings to the City
Council, which holds another hearing on the appeals. It appears that this current
process was intended to have technical advice made available to the City Council
before the Council held its hearing on the appeal. The current process of having
appeals first heard by the Business Permit and License Review Board is redundant.
Any relevant technical advice is currently provided to the City Council in the agenda
staff reports, and City staff is available at the hearings/meetings to provide additional
information or to answer questions. Furthermore, if there is to be a hearing on appeals
prior to a hearing by the City Council, the initial hearing should be held by a body of
citizens and not City staff. The proposed ordinance designates the City Planning
Commission as the Business Permit and License Review Board, and establishes the
Commission as the first arbiter of appeals with appeals of the Commission's decision
to be taken to the City Council, similar to all other land use cases.
DISCUSSION
Ordinance No. 2263 updates the procedures and standards for the application, review,
investigation, issuance, denial, suspension or revocation, appeal, and reinstatement of
business licenses and permits. There are 98 amendments proposed by Ordinance
No. 2263 that can be grouped into three broad categories:
1) The first seven amendments are organizational. They clarify the term, Business
License Officer, designate the Planning Commission as the Business Permit and
License Review Board, and establish the Officer's and Board's duties and
standards.
Amendment numbers eight through 39 are procedural for business licenses.
They update the procedures and standards for business license applications,
submittals, review and investigation, issuance, refunds, denial, suspension or
revocation, appeals, and reinstatements.
Amendment numbers 40 through 98 update the procedures and requirements for
specific types of businesses that are required to be licensed or permitted.
Ord. 2263
November 17, 2009
Page 2 of 3
Listed on Attachment 'A' are the 98 Sections in Ordinance No. 2263 and the
corresponding 98 Sections of the Municipal Code that are to be amended. Also
attached are color -coded versions that detail these amendments.
The amendments modemize the process, provide consistent and fair appeal
procedures, and clearly outline the duties and responsibilities of both private
businesses and the Business License Office. Also, the restructuring of the Business
Permit and License Review Board is important in that it relieves City staff of the
awkward process of presenting a case for denial, revocation or appeal to other City
staff. By designating the City Planning Commission as the Business Permit and
License Review Board, such applicants or appellants will have the same due process
that is afforded to others in Arcadia on land use related cases.
FISCAL IMPACT
There will be no significant fiscal impact as a result of these amendments. The only
change would be the fees collected for the processing of appeals of business license
revocations.
CEQA
With regard to the California Environmental Quality Act (CEQA) this Ordinance does
not have the potential for causing a significant effect on the environment and is
thereby exempt per Section 15061(b)(3) of the CEQA Guidelines.
RECOMMENDATION
It is recommended that the City Council introduce Ordinance No. 2263:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, AMENDING ARTICLE VI (BUSINESSES, PROFESSIONS,
TRADES AND OCCUPATIONS) OF THE ARCADIA MUNICIPAL CODE
CONCERNING THE BUSINESS PERMIT AND LICENSE REVIEW
BOARD.
Approved: noii ri
Donald Penman, City Manager
Attachments: A. List of Amendments
B. Ordinance No. 2263
C. Color -coded versions of Amendments
Ord. 2263
November 17, 2009
Page 3 of 3
Ord. Municipal Code
Section Section No. Title
1 6118. LICENSE OFFICER.
2 6150. CREATION AND DUTIES.
3 6151. MEMBERSHIP.
4 6152. MEETINGS.
5 6153. STANDARDS.
6 6154. APPEAL.
7 6155. BOARD SUBSTITUTED FOR COUNCIL.
8 6211.1. APPLICATION CONTENTS.
9 6211.2.2. SAME. PREVIOUS BUSINESSES AND AFFILIATIONS.
10 6211.2.3. SAME. CITATIONS CONVICTIONS RECEIVED.
11 6211.2.5. SAME. SAME. APPEAL.
12 6212. LICENSE CERTIFICATE.
13 6212.3. SAME. FREE LICENSE.
14 6212.8. PERMIT PREREQUISITE ZONING.
15 6214.5.2. SAME. COUNCIL ACTION.
16 6216.6. DENIAL OF LICENSE.
17 6216.7. SUSPENSION OR REVOCATION.
18 6216.8. APPEAL AND FINAL DETERMINATION.
19 6216.9. APPEAL TO THE CITY COUNCIL.
20 6216.10. APPEAL FEES.
21 6216.11. REINSTATEMENT.
22 6311. APPLICATION.
23 6311.8. INVESTIGATION.
24 6312.1. ISSUANCE OF PERMIT.
25 6312.1.1. DENIAL OF PERMIT.
26 6312.1.2. SAME. CONTINUATION.
27 6312.2. COUNCIL ACTION.
28 6312.2.1. SAME. CONDITIONS.
29 6312.3. ISSUANCE.
30 6312.3.1. CONTENTS.
31 6313.1.1. REQUIREMENTS WAIVED.
32 6313.1.3. NONPROFIT ORGANIZATIONS.
33 6313.2. EXISTING PERMITS.
34 6314. GROUNDS.
Attachment 'A'
Ord. 2263
List of Amendments
Ord. Municipal Code
Section Section No. Title
35 6314.1. STATUTE VIOLATION.
36 6314.2. MISDEMEANOR.
37 6314.3. APPEAL AND FINAL DETERMINATION.
38 6314.4. TEMPORARY.
39 6314.5. REINSTATEMENT OF PERMIT.
40 6321. PERMIT REQUIRED.
41 6412.1. ADDITIONAL REGULATIONS.
42 6412.2. PERMIT FACTORS.
43 6412.3. MINORS.
44 6412.10. SAME. REVOCATION BY LICENSE OFFICER.
45 6415.1. PERMIT FACTORS.
46 6415.6. SIGNS.
47 6416.1. PERMIT AND COMPLIANCE WITH CONDITIONS REQUIRED.
48 6416.2. PERMIT APPLICATION.
49 6416.3. INVESTIGATION.
50 6416.4.. DECISION BY THE LICENSE OFFICER.
51 6416.5. ISSUANCE OF PERMIT.
52 6416.6. PERMIT REVOCATION.
53 6416.7. EXCEPTIONS.
54 6426.2. DISTRIBUTING.
55 6426.5. CANCELLATION.
56 6427. PERMIT PROCEDURE.
57 6427.1. APPROVAL.
58 6427.2. SURETY BOND.
59 6429.2.1. LICENSE.
60 6429.3. APPLICATION.
61 8429.3.1. REQUIREMENTS.
62 6429.3.2. PUBLIC CONVENIENCE.
63 6429.3.8. VEHICLE SUBSTITUTION.
64 6429.3.9. ADDITIONAL VEHICLES.
65 6429.5.1. TAXIMETERS.
66 6431. PERMIT REQUIRED.
67 6433.14. SUSPENDING.
68 6433.15. REINSTATEMENT.
Attachment 'A'
Ord. 2263
List of Amendments
Ord. Municipal Code
Section Section No. Title
69 6434.10. SUSPENSION.
70 6438.3. VIOLATION OF ARTICLE.
71 6510. PERMIT REQUIRED.
72 DIVISION 2. LICENSE OFFICER'S DUTIES
73 6612. DUTIES.
74 6612.1. POWERS.
75 6613.1. PERMIT APPLICATION CONTENTS.
76 6613.3. FORM OF PERMIT.
77 6613.4. TIME OF ISSUANCE.
78 6613.5. PERMIT GRANTING DENIAL.
79 6613.8. PERMIT CANCELLATION.
80 6613.9. PERMIT REVOCATION, SUSPENSION.
81 6613.11. APPEALS TO CITY COUNCIL.
82 6613.13. PEDDLER AND SOLICITOR PERMIT AND BADGE TO BE
CARRIED ON PERSON.
83 6614.1. INVESTIGATION OF SOLICITORS AND PEDDLERS.
84 6614.3. FALSE APPLICATION.
85 6615.1. PERMITTEE'S REPORTS.
86 6615.2. INVESTIGATION OF SOLICITORS.
87 6616.5. FILM PERMIT APPROVED.
88 6616.9. WAIVER OF FEES.
89 6616.10. REVOCATION OR DENIAL OF APPLICATION.
90 6701. ADULT BUSINESS PERFORMER LICENSE.
91 6702. INVESTIGATION AND ACTION ON APPLICATION FOR ADULT
BUSINESS PERFORMER LICENSE..
92 6703. DENIAL, SUSPENSION OR REVOCATION OF ADULT BUSINESS
PERFORMER LICENSE APPEAL HEARING.
93 6704. JUDICIAL REVIEW.
94 6707. TIME LIMIT FOR FILING APPLICATION FOR LICENSE.
95 6803. PERMIT REQUIREMENTS.
96 6804. INVESTIGATION AND ACTION ON APPLICATION FOR ADULT
BUSINESS REGULATORY PERMIT.
97 6807. DENIAL, SUSPENSION OR REVOCATION OF ADULT BUSINESS
REGULATORY PERMITS APPEAL PROCEDURE.
98 6808. JUDICIAL REVIEW.
Attachment 'A'
Ord. 2263
List of Amendments
ORDINANCE NO. 2283
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, AMENDING ARTICLE VI (BUSINESSES, PROFESSIONS,
TRADES AND OCCUPATIONS) OF THE ARCADIA MUNICIPAL CODE
CONCERNING THE BUSINESS PERMIT AND LICENSE REVIEW BOARD.
WHEREAS, the City of Arcadia ('City') Is authorized by Government Code section 37101
to issue business licenses and permits for regulatory purposes or for revenue purposes, or both;
and
WHEREAS, the City has the duty to protect its citizens by ensuring that all businesses
operating within City limits do so In compliance with the rules and regulations of the City; and
WHEREAS, the City has the power to suspend or revoke business licenses and permits
for non compliance with these rules and regulations; and
WHEREAS, the City recognizes that due process of law requires that all citizens are due
reasonable notice and a reasonable opportunity to be heard before their business license or
permit may be suspended or revoked; and
WHEREAS, the City believes that a body consisting of Arcadia citizens who are not
either City or County officials is best able to render a fair, impartial, and unbiased opinion on
business license and permit suspensions and revocations; and
WHEREAS, the City recognizes that sometimes business license and permit suspension
or revocation hearings may require the more formal processes and structure which a Judge may
provide; and
WHEREAS, the City is authorized to contract with the Office of Administrative Hearings
of the State of California for the services of a hearing officer pursuant to Government Code
Section 27727; and
WHEREAS, the City believes that it will benefit the public and promote the City's
significant governmental interest in protecting its citizens from unscrupulous and unsafe
business practices by creating a formal process for the review and suspension or revocation of
business licenses.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 6118 of Article VI, Chapter 1 of the Arcadia Municipal Code is
hereby amended to read as follows:
8118. LICENSE OFFICER.
Whenever the name or term "Business License Officer," "License Officer" or "Officer" is
used in this Article VI, such name or term shall be deemed or construed to mean either the
Business License Officer or his or her designee in the Business License Office of the
Development Services Department of the City of Arcadia.
SECTION 2. Section 6150 of Article VI, Chapter 1.5 of the Arcadia Municipal Code is
hereby amended to read as follows:
8150. CREATION AND DUTIES.
The Business Permit and License Review Board (hereinafter referred to as the "Board
is hereby created to hear appeals of business license denials and revocations, permit denials
1
Ord. 2263
Attachment 'B'
and revocations, and appeals of business license fees pursuant to this Article and take such
action as is authorized herein.
SECTION 3. Section 6151 of Article VI, Chapter 1.5 of the Arcadia Municipal Code is
hereby amended to read as follows:
6151. MEMBERSHIP.
The Board shall be comprised of the members of the Arcadia Planning Commission, as
defined in Article Ii, Part 5, Section 2251 of the Arcadia Municipal Code. When meeting as the
Board, the members of the Planning Commission will retain none of their duties, obligations, or
rights as Planning Commission members and will act solely in their capacity as Board members.
The Chairperson of the Board shall be the Chairperson of the Planning Commission or
his/her designee. The Development Services Director or his/her designee shall serve as the
Secretary to the Board.
SECTION 4. Section 6152 of Article VI, Chapter 1.5 of the Arcadia Municipal Code is
hereby amended to read as follows:
6152. MEETINGS.
The Board shall meet at such times and dates, and in such places, as shall be
designated by the Chairperson of the Board, or his/her designee; provided, however, that the
Board shall meet within thirty (30) days of receiving a notice of appeal pursuant to Section
6216.8, or as soon thereafter as possible. The Chairperson of the Board, or his/her designee,
shall give written notice of each such meeting called to the other members of the Board not less
than twenty -four (24) hours before the time specified for the proposed meeting, unless an
emergency requires shorter notice as permitted by the Ralph M. Brown Act of the State of
California or its successor statute. Attendance of members at such a meeting shall be deemed
to constitute waiver of the requirement of written notice for such members. The Board may only
act when a majority of Its members are present.
SECTION 5. Section 6153 of Article VI, Chapter 1.5 of the Arcadia Municipal Code Is
hereby deleted in Its entirety
•aaa.ssa►wnRDs.
SECTION 6. Section 6154 of Article VI, Chapter 1.5 of the Arcadia Municipal Code Is
hereby deleted in its entirety:
6454. -APPEA
2
Ord. 2263
Attachment 'B'
SECTION 7. Section 6155 of Article VI, Chapter 1.5 of the Arcadia Municipal Code is
hereby deleted in its entirety:
SECTION 8. Section 6211 of Article VI, Chapter 2, Part 1, Division 1 of the Arcadia
Municipal Code is hereby amended to read as follows:
6211.1. APPLICATION CONTENTS.
Every person for whom a license is required by this Chapter shall make application
therefore in writing to the License Officer setting forth the information specified in the following
subsections. No person shall file or cause to be filed an application for a permit containing false
or fraudulent statements, and, if found to do so, may be subject to penalty of perjury.
SECTION 9. Section 6211.2.2 is hereby added to Article VI, Chapter 2, Part 1, Division
1 of the Arcadia Municipal Code and shall read as follows:
6211.2.2. SAME. PREVIOUS BUSINESSES AND AFFILIATIONS.
The names and addresses of ail previous businesses the applicant has been either the
owner, partner, director, officer, controlling stockholder or manager of during the five (5) years
immediately preceding the filing of the license application. The applicant shall also list any
relationship, partnership, or affiliation of any kind between any previous business they were the
owner, partner, director, officer, controlling stockholder or manager of and the business for
which a license is sought, whether or not their relationship with the previous business occurred
during the five (5) years immediately preceding the filing of the license application.
SECTION 10. Section 6211.2.3 is hereby added to Article VI, Chapter 2, Part 1, Division
1 of the Arcadia Munidpal Code and shall read as follows:
6211.2.3. SAME. CITATIONS/CONVICTIONS RECEIVED.
The date and .type of any previous citations or convictions the applicant has received In
their role as either the owner, partner, director, officer, controlling stockholder or manager of any
business during the five (5) years immediately preceding the filing of the license application
regardless of the jurisdiction issuing the citation or conviction. The applicant shall also list the
date and type of any previous dtations received by any business they were the owner, partner,
director, officer, controlling stockholder or manager of during the five (5) years immediately
preceding the filing of the license application.
SECTION 11. Section 6211.2.5 of Article VI, Chapter 2, Part 1, Division 1 of the Arcadia
Municipal Code is hereby amended to read as follows:
3
Ord. 2263
Attachment 'B'
6211.2.5. SAME. SAME. APPEAL.
Such person may, within ten (10) days after the mailing or serving of such notice, make
application in writing to the License Officer for a hearing on the amount of the license tax. If
such application is not made within the time prescribed, the assessment shall become final. If
such application is made within the time prescribed, the License Officer shall cause the matter
to be set for hearing before the Board. The Board shall consider all evidence produced, and the
amount of the license tax so determined by the Board shall be the amount due and payable for
such license. The Board's decision may be appealed to the City Council per the terms of
Section 6216.9.
SECTION 12. Section 6212 of Article VI, Chapter 2, Part 1, Division 2 of the Arcadia
Municipal Code is hereby amended to read as follows:
6212. LICENSE CERTIFICATE.
If there are no grounds for denial as set forth in Section 6216.6, upon payment of the
required fee, and upon compliance with all of the provisions of this Article, the License Officer
shall prepare and issue a license certificate to every person liable to pay a license fee
hereunder, with any reasonable conditions attached to the license that the License Officer
deems necessary to ensure compliance with the requirements set forth in this Article. The
License Officer shall state In such license certificate the date of its issuance, the amount of such
fee, the period of time covered by such license certificate, the name of the person to whom it is
issued, the business, profession, trade, commercial enterprise or occupation thereby licensed,
and the location or place of business where the same is to be carried on. If such license is
granted, the License Officer may Impose such terms, conditions, restrictions and limitations
upon the operation and conduct of such business activity, not In conflict with any paramount
law, as it may deem necessary or expedient to protect the public peace, health, safety, morels
or welfare of the City or the inhabitants thereof
SECTION 13. Section 8212.3 of Article VI, Chapter 2, Part 1, Division 2 of the Arcadia
Municipal Code is hereby amended to read as follows:
6212.3. SAME. FREE LICENSE.
All applications for free licenses shall In the first instance be determined by the License
Officer who shall approve or reject the same. If the License Officer finds that said application
shall be approved, they shall issue to said applicant a free license. If the License Officer finds
that said application should be disapproved, the License Officer shall reject the application and
the applicant shall have the right of appeal as set forth In Sections 6216.8 and 8216.9.
SECTION 14. Section 6212.8 of Article VI, Chapter 2, Part 1, Division 2 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 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 enterprise or occupation for which a permit 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.
4
Ord. 2263
Attachment 'B'
SECTION 15. Section 6214.5.2 of Article VI, Chapter 2, Part 1, Division 4 of the Arcadia
Municipal Code is hereby amended to read as follows:
6214.5.2. SAME. COUNCIL ACTION.
No other refund of any license fee collected by the City under this Chapter shall be
made, except that in the case of written claims for refunds the License Officer shall have the
discretionary power to refund not to exceed seventy -five percent (75%) of the unused portion of
any fee paid when the total amount of the unused portion exceeds Twenty -five Dollars ($25.00).
Said discretionary power shall only be exercised in the interest of justice and to prevent extreme
hardship.
SECTION 16. Section 6216.6 of Article VI, Chapter 2, Part 1, Division 6 of the Arcadia
Municipal Code is hereby amended 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 applicant's 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 indudes 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, federal or state law (b) allowance of activities that are or become a public
nuisance which indudes 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 License Officer may also refuse to issue a license upon any of the grounds
established for license suspension or revocation as put forth in Section 6216.7.
SECTION 17. Section 6216.7 of Article VI, Chapter 2, Part 1, Division 6 of the Arcadia
Municipal Code is hereby amended to read as follows:
8216.7. SUSPENSION OR REVOCATION.
The License Officer may suspend or revoke any business license upon receipt of
information from any source that:
(1) The holder of the license, or his or her employee, agent, partner, director, officer,
controlling stockholder or manager has knowingly made any false, misleading or fraudulent
statement of material facts in the application for the license or permit, or in any report or record
required to be filed with the city's police department, county health department, or any other city
department or office in connection with the operation of the business; or
(2) The business has been expanded, or partially or wholly converted to another
business without the required City approvals and permits; or
(3) The holder of the license 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 business; or
(4) The holder of the license, or his or her employee, agent, partner, director, officer,
controlling stockholder or manager has, 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
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
5
Ord. 2263
Attachment 'B'
and otherwise impair the free enjoyment of life and property.
SECTION 18. Section 6216.8 of Article VI, Chapter 2, Part 1, Division 6 of the Arcadia
Municipal Code is hereby amended to read as follows:
6216.8. APPEAL AND FINAL DETERMINATION.
The actions taken pursuant to Section 6216.6 and 6216.7 require at least ten (10) days'
written notice to the applicant. Within ten (10) days of the date of the notice of denial,
suspension or revocation, the applicant may file an appeal to the Business Permit and License
Review Board.
Upon the filing of an appeal, and within thirty (30) days of the date of such appeal, or as
soon thereafter as possible, a hearing shall be conducted by the Board. Any Board member
who has any financial interest in the outcome of the hearing or is unable to make a fair, impartial
and unbiased determination shall not participate in either the hearing or in any determination or
recommendation after the hearing. Prior to the hearing, City staff may, in their sole and absolute
discretion, request the presence of an attorney from the City Attorney's office at the hearing, if
one is not already scheduled to appear, or his/her designee, in order to present evidence on
behalf of the City. During the hearing, all parties involved shall have the right to offer
testimonial, documentary, and tangible evidence bearing upon the issues and may be
represented by counsel. The Board shall not be bound by the formal rules of evidence and may
require the presentation of additional evidence from any party involved. Any hearing under this
Section may be continued for a reasonable time for the convenience of a party or witness at the
request of the permit applicant or permit holder, or any other party. Extensions of time or
continuances sought by a permit applicant or permit holder shall not be considered delay on the
part of the City and shall not be deemed to constitute failure by the City to provide for prompt
decisions on permit denials, suspensions, or revocations.
At the conclusion of the hearing, but no later than ten (10) days thereafter, the Board
shall, by a majority vote of the members present at the hearing, order that the license be
revoked, suspended, reinstated, or reinstated contingent upon the applicant performing some
remedial action such as, but not limited to, paying a fine or penalty. The Board may also
prevent the holder of a revoked or suspended license from applying for a new license within one
year or such other certain, specified reasonable time period as the Board deems prudent. In
lieu of conducting a hearing itself, but only upon recommendation of the City Manager, the
Board may choose to refer the matter to an Administrative Law Judge provided by the Office of
Administrative Hearings pursuant to Govemment Code Section 27727. After referral and a
hearing, the Administrative Law Judge shall render a written decision based solely on the
relevant ordinance and findings of fact within five (5) days of the hearing. The written decision
of the Administrative Law Judge shall carry the same weight and authority as decisions of the
Board.
SECTION 19. Section 6216.9 is added to Article VI, Chapter 2, Part 1, Division 6 of the
Arcadia Municipal Code and shall read as follows:
6216.9. APPEAL TO THE CITY COUNCIL.
Within ten (10) days of receipt of any final derision by either the Board or an
Administrative Law Judge, either the holder of the revoked license or applicant for the denied
license, any member of the City Council, any affected City Department Head or any other
business or resident of the City may appeal the decision by filing an appeal with the Board.
Immediately upon receipt of such appeal, the Board shall transmit to the Clty Council the final
decision and all findings for placement on the agenda at the first regularly scheduled Council
meeting subsequent to the filing of the appeal, or as soon thereafter as possible. The City
Council shall consider the findings and recommendations of the Board and may adopt them in
6
Ord. 2263
Attachment 'B'
total, hold a de novo hearing, or the City Council may amend, modify or reject the
recommended derision 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 and then resubmit additional amended or modified findings to the City Council.
The City Council may revoke, amend or modify the license, or impose such other or further
reasonable terms, conditions or restrictions on the terms, conditions or restrictions theretofore
placed on said license as the City Council finds reasonable or necessary to ensure that the
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 its vicinity. The City Council may also prevent the holder of
a revoked or suspended license from applying for a new license within one year or such other
certain, specified, reasonable time period as the City Council deems prudent. The dedsion of
the City Council shall be final.
SECTION 20. Section 6216.10 is added to Article VI, Chapter 2, Part 1, Division 6 of the
Arcadia Municipal Code and shall read as follows:
8218.10. APPEALS FEES.
Each appeal of the denial of a business license or permit shall be accompanied by the
payment of the fee established by City Council Resolution to cover the cost of the hearing and
appeal. No fees shall be required in the case of an appeal of the revocation or suspension of a
business license or permit.
SECTION 21. Section 6216.11 is added to Article VI, Chapter 2, Part 1, Division 6 of the
Arcadia Municipal Code and shall read as follows:
6216.1. REINSTATEMENT.
If either the final detemnination of the City Council, the Board, or the Administrative Law
Judge in revoking a license contains a provision that no new license may be requested by the
holder of the revoked license for a certain, specified amount of time, a new license may not be
requested during that amount of time by the holder of the revoked license or by his or her
employee, agent, partner, director, officer, controlling stockholder or manager, for any business
or location within the city or by any other person for the same business on the same premises
where the business covered by the revoked license was conducted or for the same business on
a different premises within the City. If, after the period specified, application for a new business
license is made, the applicant must comply with all requirements of this Code for issuance of a
new business license. There shall be no automatic reinstatement of a revoked business license
and the City is under no obligation to grant the new application.
If either the final determination of the City Council, the Board, or the Administrative Law
Judge in suspending a license contains a provision that no new license may be requested by
the holder of the revoked license for a certain, specified amount of time, a new license may not
be requested during that amount of time by the holder of the suspended license or by his or her
employee, agent, partner, director, officer, controlling stockholder or manager, for any business
or location within the city or by any other person for the same business on the same premises
where the business covered by the suspended license was conducted or for the same business
on a different premises within the City. If, after the period specified, the License Officer has
determined that the holder of the suspended license has successfully met all conditions
imposed by the City Council, the Board, or Administrative Law Judge before reinstatement may
occur, the License Officer will reinstate the license as per the instructions from the City Council,
Board, or Administrative Law Judge.
7
Ord. 2263
Attachment 'B'
SECTION 22. Section 6311 of Article VI, Chapter 3, Part 1, Division 1 of the Arcadia
Municipal Code is hereby amended to read as follows:
6311. APPLICATION.
Unless otherwise specifically provided elsewhere In this Code, the application for any
permit required by any provision of this Code shall be made to the License Officer, shall be
signed and verified by the applicant and shall set forth the Information specified in Sections
6311.1 through 6311.7.4. No person shall file or cause to be filed an application for a permit
containing false or fraudulent statements under penalty of perjury. This Section does not apply
to adult businesses; the regulation and permitting of adult businesses and the licensing of the
trades, professions, callings, and occupations thereof involved are separately enacted and
provided for in Sections 6700 et seq. of this Code.
SECTION 23. Section 6311.8 of Article VI, Chapter 3, Part 1, Division 1 of the Arcadia
Municipal Code is hereby amended to read as follows:
8311.8. INVESTIGATION.
The License Officer shall, without unnecessary delay, refer any such application for a
permit to the Chief of Police for investigation of any facts which In his opinion warrant
Investigation. In the event the Chief of Police, in the course of investigation, determines that
fingerprints and thumbprints of the applicant would aid in such investigation, the applicant shall
be notified and shall comply promptly with such request. The Chief of Police shall report any
criminal connections of the applicant, an officer, principal stockholder, or any person having a
substantial interest in or management responsibility for any organization connected with
applicant. The License Officer may, at any time after notice of the filing of any such application,
refer the same to the Chief of Police, Planning Commission, City Engineering Department or to
any other department or agency for investigation and report to the License Officer upon any
portion or portions of said application.
SECTION 24. Section 6312.1 of Article VI, Chapter 3, Part 1, Division 2 of the Arcadia
Municipal Code is hereby amended to read as follows:
6312.1. ISSUANCE OF PERMIT.
Upon the receipt of an application in the form prescribed in Division 1 of this Part for any
business for which a permit is required by any provision of this Code, and upon payment of the
required fee, and compliance with all of the provisions of this Article, the License Officer shall
prepare and issue a permit to every person liable to pay a permit fee hereunder.
SECTION 25. Section 6312.1.1. of Article VI, Chapter 3, Part 1, Division 2 of the
Arcadia Municipal Code is hereby amended to read as follows:
6312.1.1. DENIAL OF PERMIT.
Subject to appeal pursuant to Sections 6216.8 and 6216.9, the License Officer may
refuse to issue a permit under this Article if It Is determined that the applicant or applicant's
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 indudes 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.
8
Ord. 2263
Attachment B'
SECTION 26. Section 6312.1.2 of Article VI, Chapter 3; Part 1, Division 2 of the Arcadia
Municipal Code is hereby deleted in its entirety:
SECTION 27. Section 6312.2 of Article VI, Chapter 3, Part 1, Division 2 of the Arcadia
Municipal Code is hereby deleted in its entirety:
SECTION 28. Section 6312.2.1. of Article VI, Chapter 3, Part 1, Division 2 of the
Arcadia Municipal Code is hereby amended to read as follows:
6312.2.1. ISSUANCE OF PERMIT. CONDITIONS.
If such permit is granted, the License Officer may impose such terms, conditions,
restrictions and limitations upon the operation and conduct of such permit activity, not in conflict
with any paramount law, as It may deem necessary or expedient to protect the public peace,
health, safety, morals or welfare of the City or the inhabitants thereof.
SECTION 29. Section 6312.3. of Article VI, Chapter 3, Part 1, Division 2 of the Arcadia
Munidpal Code Is hereby amended to read as follows:
6312.3. ISSUANCE.
The License Officer shall not deliver any permit to a permittee for any business,
profession, trade, business enterprise or occupation for which a license is required by Chapter 2
of this Artide until all sums due to the City thereunder have been paid.
SECTION 30. Section 6312.3.1 of Article VI, Chapter 3, Part 1, Division 2 of the Arcadia
Municipal Code is hereby amended to read as follows:
6312.3.1. PERMIT CONTENTS.
The 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 which such permit is issued.
9
Ord. 2263
Attachment `B'
SECTION 31. Section 8313.1.1 of Article VI, Chapter 3, Part 1, Division 3 of the Arcadia
Municipal Code is hereby amended to read as follows:
6313.1.1. REQUIREMENTS WAIVED.
The License Officer 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 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.
SECTION 32. Section 6313.1.3 of Article VI, Chapter 3, Part 1, Division 3 of the Arcadia
Municipal Code is hereby amended to read as follows:
6313.1.3. NONPROFIT ORGANIZATIONS.
Upon written request, the License Officer may waive any or all of the requirements of
this Part with respect to any institution or organization which is conducted, managed or carried
on wholly for the benefit of charitable, religious, educational, recreational or sdentific purposes
and from which profit is not derived either directly or indirectly by any Individual firm or
corporation.
SECTION 33. Section 16313.2 of Article Vi, Chapter 3, Part 1, Division 3, of the Arcadia
Municipal Code is hereby amended to read as follows:
6313.2. EXISTING PERMITS.
All permits heretofore Issued by the City under this Chapter or any other regulatory City
ordinance shall remain in full force and effect until the expiration date therein specified. If no
expiration date is therein specified, such permit shall expire on December 31 of the year during
which it was issued. All businesses• for which a permit is required by the terms of this Chapter,
which are in actual operation upon the date this Chapter becomes applicable thereto, shall have
to and including the 2nd day of January of the following year within which time to make
application for the permit required for such business, and may continue to operate thereafter
until final action is taken by the License Officer on such application. Any business for which a
permit is required under this Chapter commencing after the provisions of this Chapter or any
similar regulatory City ordinance becomes applicable thereto shall not commence operation until
a valid and proper permit shall have been issued by the License Officer for such business.
SECTION 34. Section 6314of Article VI, Chapter 3, Part 1, Division 4 of the Arcadia
Municipal Code is hereby amended to read as follows:
6314. GROUNDS.
The License Officer 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 License Officer 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 License Officer may revoke if it is
determined that the applicant or applicant's 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 convenience of the public such as (a) operation of a business prohibited by local, federal or
10
Ord. 2263
Attachment 'B'
state law (b) allowance of activities that are or become a public nuisance which indudes 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 35. Section 6314.1 of Artide VI, Chapter 3, Part 1, Division 4 of the Arcadia
Municipal Code is hereby amended to read as follows:
6314.1. STATUTE VIOLATION.
The License Officer may revoke or suspend any permit issued by it under the provisions
of this Chapter where the proprietor or person in charge thereof violates or permits any
infraction of any law of the State, or any provision of this Code, or any condition of the permit.
SECTION 36. Section 6314.2 of Article VI, Chapter 3, Part 1, Division 4 of the Arcadia
Municipal Code Is hereby amended to read as follows:
6314.2. MISDEMEANOR.
The License Officer may, without necessity of any public hearing, suspend or revoke any
permit issued under the terms of this Chapter if the permittee shall have been adjudged guilty of
a misdemeanor under this Article.
SECTION 37. Section 6314.3 of Artide VI, Chapter 3, Part 1. Division 4 of the Arcadia
Municipal Code is hereby amended to read as follows:
6314.3. APPEAL AND FINAL DETERMINATION.
The actions taken pursuant to Sections 6312.1.1, 6314, 6314.1, and 6314.2 require at
least ten (10) days' written notice to the applicant Within ten (10) days of the date of the notice
of denial, suspension or revocation, the applicant may file an appeal to the Business Permit and
License Review Board. The same procedure for appeal and the disposition thereof shall be that
established for business licenses in Sections 6216.8 through 6216.10, inclusive, of this Code.
SECTION 38. Section 6314.4 of Article VI, Chapter 3, Part 1, Division 4 of the Arcadia
Municipal Code is hereby amended to read as follows:
6314.4. TEMPORARY.
For any reasons specified in the preceding sections of this Division, the Chief of Police
may by written order temporarily suspend any permit issued under the provisions of this Chapter
by posting a copy of such order of suspension at any conspicuous portion of the premises for
which such permit was issued. Such suspension shall remain in full force and effect until the
decision of the License Officer, who may thereupon rescind, modify or continue such
suspension or may revoke such permit or affix new or different terms to the continuation of such
permit
SECTION 39. Section 6314.5 of Article VI, Chapter 3, Part 1, Division 4 of the Arcadia
Municipal Code is hereby amended to read as follows:
6314.5. REINSTATEMENT OF PERMIT.
If either the final determination of the City Council, the Board, or the Administrative Law
Judge in revoking a permit contains a provision that no new permit may be requested by the
holder of the revoked permit for a certain, specified amount of time, a new permit may not be
requested during that amount of time by the holder of the revoked permit or by his or her
employee, agent, partner, director, officer, controlling stockholder or manager, for any business
11
Ord. 2263
Attachment 'B'
or location within the city or by any other person for the same business on the same premises
where the business covered by the revoked permit was conducted or for the same business on
a different premises within the City. lf, after the period specified, application for a new permit is
made, the applicant must comply with all requirements of this Code for issuance of a new
permit. There shall be no automatic reinstatement of a revoked permit and the City is under no
obligation to grant the new application.
If either the final determination of the City Council, the Board, or the Administrative Law
Judge in suspending a permit contains a provision that no new permit may be requested by the
holder of the revoked permit for a certain, specified amount of time, a new permit may not be
requested during that amount of time by the holder of the suspended permit or by his or her
employee, agent, partner, director, officer, controlling stockholder or manager, for any business
or location within the city or by any other person for the same business on the same premises
where the business covered by the suspended permit was conducted or for the same business
on a different premises within the City. If, after the period specified, the License Officer has
determined that the holder of the suspended permit has successfully met all conditions imposed
by the City Council, the Board, or Administrative Law Judge before reinstatement may occur,
the License Officer will reinstate the permit as per the instructions from the City Council, Board,
or Administrative Law Judge.
SECTION 40. Section 6321 of Article VI, Chapter 3, Part 2, Division 1 of the Arcadia
Municipal Code is hereby amended to read as follows:
6321. PERMIT REQUIRED.
In addition to any other business, profession, trade or occupation for which a permit is
required by some other provision of this Code, no person shall engage in any business, and no
license shall be issued for any business mentioned in the following Divisions of this Part until a
permit has first been obtained upon application In writing therefore pursuant to the provisions of
Part 1 of this Chapter.
SECTION 41. Section 6412.1 of Article VI, Chapter 4, Part 1, Division 2 of the Arcadia
Municipal Code is hereby amended to read as follows:
6412.1. ADDITIONAL REGULATIONS.
The License Officer may from time to time, by permit conditions generally or individually,
prescribe rules governing dance halls, dancing clubs or public dances maintained, conducted or
operated within the City, and pursuant to Division 4 of Part 1 of Chapter 3 of this Article may
revoke or suspend permits issued for same where the proprietor or person in charge thereof
violates or permits any Infraction of any rules or any law of the State or of the City.
SECTION 42. Section 6412.2 of Article VI, Chapter 4, Part 1, Division 2 of the Arcadia
Municipal Code is hereby amended to read as follows:
6412.2. PERMIT FACTORS.
Before granting a permit to conduct a dance hall, dancing club or public dance, the
License Officer shall first satisfy himself or herself that the conduct of such dance hall, dancing
club or public dance will comport with the public welfare and, for this purpose, may consider any
facts or evidence bearing on the place where the proposed dance hall, dancing club or public
dance is to be located, the character, reputation and moral fitness of those who will be in charge
of it, and any other facts or evidence tending to enlighten the License Officer In this respect. The
License Officer may establish any conditions to the issuance of a permit, including the
prohibition of alcoholic beverages, which are deemed reasonably necessary to protect the
public health, welfare and safety.
12
Ord. 2263
Attachment 'B'
SECTION 43. Section 6412.3 of Article VI, Chapter 4, Part 1, Division 2 of the Arcadia
Municipal Code Is hereby amended to read as follows:
6412.3. MINORS.
No minor person under the age of eighteen (18) years shall enter, be or dance in any
public dance hall or club dance after 1:00 a.m., or where alcoholic beverages are being served,
unless accompanied by parent or guardian; provided, however, that nothing herein shall be
construed to prevent a minor person under the age of eighteen (18) years from being in a bona
fide cafe, restaurant or other place where meals are regularly served and where a public dance
is being held after 1:00 a.m., in the event such minor person does not participate in the dancing
therein; provided further, that nothing in this Section shall be so construed as to apply to
children under the age of five (5) years. The License Officer may provide permit conditions
relating to adequate supervision, chaperons or security officers at any public dance hall or club
dance where minors are to be in attendance.
SECTION 44.. Section 6412.10 of Article VI, Chapter 4, Part 1, Division 2 of the Arcadia
Municipal Code is hereby amended to read as follows:
6412.10. SAME. REVOCATION BY LICENSE OFFICER.
Any permit issued under the preceding Section may be revoked at any time by the
License Officer, pursuant to Division 4 of Part 1 of Chapter 3 of this Article, if the License Officer
becomes satisfied that the conduct of such dance does not or will not comport with the public
welfare for any reason or that the same will be conducted in an illegal, improper or disorderly
manner.
SECTION 45 Section 6415.1 of Article VI, Chapter 4, Part .1, Division 5 of the Arcadia
Municipal Code is hereby amended to read as follows:
6415.1. PERMIT FACTORS.
Before granting a permit to conduct a promotional entertainment event in a parking lot
area, the License Officer shall evaluate the prevailing parking situation of the business involved
and of the general area and satisfy itself that the conduct of the event will not be detrimental to
public safety and welfare. The License Officer may establish any conditions to the issuance of a
permit, in addition to the conditions set forth below, which are deemed reasonably necessary to
protect the public.
SECTION 46. Section 6415.6 of Article VI, Chapter 4, Part 1, Division 5 of the Arcadia
Municipal Code is hereby amended to read as follows:
6415.6. SIGNS.
Temporary window signs shall comply with Code requirements. Any additional signs
shall be permitted only during the conduct of the event and shall be approved as to size and
placement by the License Officer at the time of application approval.
SECTION 47. Section 6416.1 of Article VI, Chapter 4, Part 1, Division 6 of the Arcadia
Municipal Code is hereby amended to read as follows:
6416.1. PERMIT AND COMPLIANCE WITH CONDITIONS REQUIRED.
(a) No person shall conduct, engage in, carry on, participate .in, or practice
fortunetelling or cause the same to be done for pay without having first obtained a permit from
the Ucense Officer and without having posted and maintained in full force and effect a surety
bond as required in Arcadia Municipal Code Section 6616.5(c)(2).
13
Ord. 2263
Attachment 'B'
(b) No person shall violate any of the terms and conditions of a permit issued pursuant
to this Article, nor any of the regulations and provisions within this Article. Each day such a
violation or violations occur shall constitute a separate offense.
SECTION 48. Section 6416.2 of Article VI, Chapter 4, Part 1, Division 6 of the Arcadia
Municipal Code is hereby amended to read as follows:
6416.2. PERMIT APPLICATION.
Every natural person who, for pay, actively conducts, engages in, carries on, or practices
fortunetelling shall file a separate verified application for a permit with the License Officer. The
application shall contain, but not be limited to:
(a) The name, home and business address, and home and business phone number of
the applicant.
(b) The record of conviction for violations of the law, excluding minor traffic violations.
(c) The .fingerprints of the applicant on a form provided by the Arcadia Police
Department.
(d) The address, city and state, and the approximate dates where and when the
applicant practices a similar business, either alone or in conjunction with others.
SECTION 49. Section 8416.3 of Article VI, Chapter 4, Part 1, Division 6 of the Arcadia
Municipal Code is hereby amended to read as follows:
6416.3. INVESTIGATION.
Upon the filing of the application, it shall be referred by the License Officer to the Police
Department for investigation, report and recommendation. The investigation shall be conducted
to verify the facts contained in the application and any supporting data. The investigation shall
be completed and a report and recommendation made in writing to the License Officer within
fourteen (14) days after the filing of the application, unless the applicant requests or consents to
an extension of the time period. If the report recommends denial of the permit to the applicant,
the grounds for the recommended denial shall be set forth. At the time of the filing of the report
and recommendation with the Ucense Officer, a copy thereof shall be served personally or by
certified mail by the License Officer on the applicant.
SECTION 50. Section 6416.4 of Article VI, Chapter 4, Part 1, Division 6 of the Arcadia
Munidpal Code is hereby amended to read as follows:'
6416.4. DECISION BY THE LICENSE OFFICER.
(a) The License Officer shall consider the application and the report and
recommendation on or before the seventh (7th) day after the filing of the report and
recommendation referred to in Arcadia Munidpal Code Section 6416.3.
(b) The decision of the License Officer to grant or deny the permit shall be in writing,
and if adverse to the applicant, shall contain information on the applicant's fight to appeal to the
Business License Review Board.
SECTION 51. Section 6416.5 of Article VI, Chapter 4, Part 1, Division 6 of the Arcadia
Municipal Code is hereby amended to read as follows:
6416.5. ISSUANCE OF PERMIT.
The Business License Officer shall issue the permit when:
(1) The applicant has complied with all of the provisions of this Article,
(2) The fee required by Arcadia Munidpal Code Section 6220.27 has been paid, and
14
Ord. 2263
Attachment 1B'
(3) The applicant has posted with the City Clerk, a surety bond in the principal sum
amount of ten thousand dollars ($10,000.00) executed as surety by a good and sufficient
corporate surety authorized to do a surety business in the State of Califomia and as a principal
by the applicant. The form of the bond shall have been approved by the City Attomey and shall
have been given to insure good faith and fair dealing on the part of the applicant and as a
guarantee of Indemnity for any and all Toss, damage, theft or other unfair dealings suffered by
any patron of the applicant within the City during the term of the permit.
The term of any permit issued under this Section shall be one (1) year subject to
renewal.
SECTION 52. Section 6416.6 of Article VI, Chapter 4, Part 1, Division 8 of the Arcadia
Municipal Code is hereby amended to read as follows:
6416.6. PERMIT REVOCATION.
Upon the discovery of any false or misleading statement in the application or any
misrepresentation by the applicant in procuring the permit or upon the termination of the bond
required hereunder or upon the applicant's violation of any provision of this Article, the Ucense
Officer may revoke the permit. The applicant shall have the right to appeal any permit
revocation to the Business License Review Board using the procedure as set forth in Sections
6216.8 and 6216.9.
SECTION 53. Section 6416.7 of Article VI, Chapter 4, Part 1, Division 6 of the Arcadia
Municipal Code is hereby amended to read as follows:
6416.7. EXCEPTIONS.
(a) The provisions of this Section shall not apply to any person solely by reason of the
fact that he or she is engaged in the business of entertaining the public by demonstrations of
mindreading, mental telepathy, thought conveyance, or the giving of horoscopic readings, at
public places and in the presence of and within the hearing of other persons and at which no
questions are answered, as part of such entertainment, except in a manner to permit all persons
present at such public place to hear such answers.
(b) No person shall be required to pay any fee or take out any permit for conducting or
participating in any religious ceremony or service when such person holds a certificate of
ordination as a minister, missionary, medium, healer or clairvoyant, hereinafter collectively
referred to as minister, from any bona fide church or religious association maintaining a church
and holding regular services and having a creed or set of religious principles that is recognized
by all churches of like faith; provided, that:
(1) Except as provided in (3) hereof, the fees, gratuities, emoluments, and profits
thereof shall be regularly accounted for and paid solely to or for the benefit of the bona fide
church or religious association, as defined in this subsection (b).
(2) The minister holding a certificate of ordination from such bona fide church or
religious association, as defined in this subsection (b), shall file with the License Officer a
certified copy of the minister's certificate of ordination with the minister's name, age, street
address, and phone number In this City where the activity set forth in this subsection (b) is to be
conducted.
(3) Such bona fide church or religious association, as defined in this subsection (b),
may pay to its ministers a salary or compensation based upon a percentage basis, pursuant to
an agreement between the church and the minister which is embodied in a resolution and
transcribed in the minutes of such church or religious association.
SECTION 54. Section 6428.2 of Article VI, Chapter 4, Part 2, Division 6 of the Arcadia
Municipal Code is hereby amended to read as follows:
15
Ord. 2263
Attachment 'B'
6426.2. DISTRIBUTING.
No person shall, in the disseminating, distributing, passing out, giving away, handing out,
selling, offering for sale, or soliciting for the sale of any of said materials described in Section
6220.42, interfere with or cause interference with the normal flow of traffic upon the city streets.
For the purpose of preventing congestion in traffic upon the public streets, the location occupied
by such person in the conduct of such business on private property shall be subject to the
approval of the License Officer with Input from the Chief of Police; provided, however, that any
person aggrieved by the decision of the License Officer under this Division may appeal to the
Business License Review Board, using the procedure as set forth in Sections 6216.8 and
6216.9.
SECTION 55. Section 6426.5 of Article VI, Chapter 4, Part 2, Division 6 of the Arcadia
Municipal Code is hereby amended to read as follows:
6426.5. CANCELLATION.
The violation of any provision of this Division shall, in addition to any other penalty, be
grounds for the cancellation by the License Officer of any license issued pursuant to Section
6220.42 of this Code.
SECTION 56. Section 6427 of Article VI, Chapter 4, Part 2, Division 7 of the Arcadia
Municipal Code is hereby amended to read as follows:
6427. PERMIT PROCEDURE.
No person, either as owner, manager, employee or otherwise, shall solicit for, manage,
conduct, carry on or assist in the solicitation for, management, conducting or carrying on of the
business of a private patrol without having obtained a written permit from the License Officer
pursuant to Chapter 3 of this Article, and without paying the license fee required by Section
6220.28.
SECTION 57. Section 6427.1 of Article VI, Chapter 4, Part 2, Division 7 of the Arcadia
Municipal Code is hereby amended to read as follows:
6427.1. APPROVAL..
The License Officer shall first satisfy himself or herself that the management, conduct or
carrying on of said private patrol will comport with the public welfare and for this purpose may
consider any facts or evidence bearing on the moral fitness, ability, qualifications and character
of any person or persons who will be in charge of, manage, conduct, or carry on said private
patrol, and may require the submission of any facts or evidence tending to enlighten It in this
respect.
SECTION 58. Section 6427.2 of Article VI, Chapter 4, Part 2, Division 7 of the Arcadia
Municipal Code is hereby amended to read as follows:
6427.2. SURETY BOND.
Upon the approval of such application by the License Officer the applicant shall present
to the Clerk a bond, approved by the City Attorney, In the penal sum of One Thousand Dollars
($1,000.00), which bond shall inure to the benefit of any person, firm or corporation who may
suffer Toss or damage by reason of any act of applicant. Upon the payment by the applicant of a
license fee required by Section 6220.28, a license shall be issued to the applicant by the
License Officer for such period of time not exceeding one (1) year as is specified by the License
Officer for the permit.
16
Ord. 2263
Attachment 'B'
SECTION 59. Section 6429.2.1 of Article VI, Chapter 4, Part 2, Division 9 of the Arcadia
Municipal Code Is hereby amended to read as follows:
64292.1. LICENSE.
Each permit issued by the License Officer shall entitle the holder thereof to also obtain a
license from the License Officer, upon payment of the license fee at the rate specified in
subsection 6220.39, to operate each automobile for hire or taxicab as set forth and described in
the permit. Such license shall be securely attached in a conspicuous location to the rear left
portion of the licensed automobile for hire or taxicab at all times when said vehicle Is in use.
SECTION 60. Section 6429.3 of Article VI, Chapter 4, Part 2, Division 9 of the Arcadia
Municipal Code Is hereby amended to read as follows:
6429.3. APPLICATION.
The application for a permit to operate an automobile for hire or taxicab upon the streets
of the City shall be upon forms to be supplied by the City and shall contain the following
information:
(1) Name, age, business address, residence address and citizenship status of the
applicant; or if a corporation, its name, date and location of incorporation, and residence
address of each of its officers; or if a partnership, association or unincorporated company, the
names of the partners, or the persons comprising the association or company, with the place of
business and residence of each such partner or person;
(2) The address to which notice, when required, is to be sent or mailed;
(3) Whether the applicant was previously engaged in the business for which a permit is
requested, and if so, the location and length of time thereof;
(4) If applicant is a corporation, a copy of the articles of incorporation shall be attached
to the application; if a partnership or association, a copy of the partnership or association
agreement;
(5) The number of taxicabs or automobiles for hire to be used in the business of the
applicant, and the following Information concerning each automobile: copy of Insurance
certificate in accordance with subsection 6429.3.4, make, model, year, motor number,
passenger capacity, state license number, mileage, and detailed statement of condition of tires,
brakes, body, upholstery and drivetrain;
(6) Current validated registration card for all automobiles for hire and taxicabs that will
operate under the operator's permit;
(7) A schedule of rates or fares to be charged for carrying passengers;
(8) A verified financial statement of the applicant;
(9) Whether or not any permit has been revoked, suspended or canceled, and if so, the
circumstances of such revocation, suspension or cancellation;
(10) Such further information as the License Officer, or such official of the City to whom
the application may be referred, may require.
SECTION 61. Section 6429.3.1 of Article VI, Chapter 4, Part 2, Division 9 of the Arcadia
Municipal Code is hereby amended to read as follows:
6429.3.1. REQUIREMENTS.
No operator's permit for the operation of an automobile for hire or taxicab shall be
granted or authorized to be Issued, until the License Officer determines that the facts and acts
specified in the following subsections exist and have been performed, or that they will exist and
will be performed before the privilege sought shall be exercised.
17
Ord. 2263
Attachment 'B'
SECTION 62. Section 6429.3.2 of Article VI, Chapter 4, Part 2, Division 9 of the Arcadia
Municipal Code is hereby amended to read as follows;
6429.3.2. PUBLIC CONVENIENCE.
(a) Public convenience and necessity require the operation of said automobile for hire
or taxicab as set forth in said application. The declaration of public convenience and necessity
shall not be necessary for.
(1) The granting of a permit to operate the same number of vehicles or a lesser
number, held by the applicant under the same name on the date prescribed for the expiration of
permits, and such permits shall be classed as renewals provided they were originally granted in
accordance with the provisions of this Article; and
(2) Limousines as determined by the License Officer upon a showing that the proposed
service does not have the characteristics of a taxicab service.
(b) The License Officer, in declaring whether or not public convenience and necessity
exist, may take into consideration all facts as they may deem pertinent and proper, which facts
shall include a speclfic finding that the following conditions exist:
(1) That the applicant is financially responsible;
(2) That persons holding permits for the operation of automobiles for hire and taxicabs
are, under efficient management, earning a fair and reasonable rate on their capital devoted to
such service;
(3) That persons holding existing permits for the operation of automobiles for hire and
taxicabs are, under normal conditions, inadequately serving the public;
(4) That the applicant is capable of providing safe and prompt taxicab service, twenty
four (24) hours daily;
(5) That the applicant has presented evidence sufficient to justify operation of a
specified number of taxicabs or automobiles for hire in the City of Arcadia.
SECTION 63. Section 6429.3.8 of Article VI, Chapter 4, Part 2, Division 9 of the Arcadia
Municipal Code is hereby amended to read as follows:
6429.3.8. VEHICLE SUBSTITUTION.
The holder of an operator's permit may not substitute any automobile listed on the
operator's permit in the place and stead of each licensed automobile the use of which has been
discontinued, until making application to do so and by securing the approval of the License
Officer. Before being granted such approval the applicant shall fully comply with the provisions
of Subsections 6429.2.3 and 6429.3.4.7. Upon the granting of such application, the Clerk shall
endorse a memorandum of each substitution upon the original operator's permit, and also upon
the license issued to the automobile the use of which has been discontinued, and shall notify
the License Officer of such substitution and endorsement. For each such substitution, such
permit holder shall pay to the City a fee of Twenty -Five Dollars ($25.00).
SECTION 84. Section 6429.3.9 of Article VI, Chapter 4, Part 2, Division 9 of the Arcadia
Municipal Code is hereby amended to read as follows:
6429.3.9. ADDITIONAL VEHICLES.
A holder of an operator's permit for the operation of an automobile for hire or taxicab,
desiring to operate additional motor vehicles of the same type and classification, shall file an
application therefore with the License Officer. The application shall set forth the information as
required by this Article. The License Officer may issue a permit to operate such additional motor
vehicles.
18
Ord. 2263
Attachment 'B'
SECTION 65. Section 6429.5.1 of Article VI, Chapter 4, Part 2, Division 9 of the Arcadia
Municipal Code Is hereby amended to read as follows:
6429.5.1. TAXIMETERS.
No holder of an operator's permit or driver operating any taxicab shall operate such
automobile in the City unless it Is equipped with a taximeter of such type and design as may be
approved by the License Officer. The holder of an operator's permit of such taxicab shall keep
such mete' accurate at all times. Such meter shall be subject to inspection from time to time.
The City Manager or his duly authorized agent or any police officer of the City is authorized at
his insistence or upon the complaint of any person, to Investigate such taximeter and, upon
discovery of any inaccuracy of such taximeter, to remove or cause to 'be removed from service
any such vehicle equipped with such taximeter until such taximeter shall have been repaired
and correctly adjusted.
SECTION 66. Section 6431 of Article VI, Chapter 4, Part 3, Division 1 of the Arcadia
Municipal Code is hereby amended to read as follows:
6431. PERMIT REQUIRED.
No person, either as principal or agent, shall drill, bore or sink, or cause to be drilled,
bored or sunk, any well for water, oil or other similar substance within the City, without first
having obtained a permit from the License Officer so to do .pursuant to Part 1 of Chapter 3 of
this Article. The License Officer shall have the power in their discretion to grant or deny such
permit.
SECTION 67. Section 6433.14 of Article VI, Chapter 4, Part 3, Division 3 of the Arcadia
Municipal Code is hereby amended to read as follows:
6433.14. SUSPENDING.
If it Is determined by the Health Officer, following any investigation or inspection of a
slaughterhouse, that the operator, owner or manager has not complied with the provisions of
this Code and particularly with the provisions of this Code, the License Officer may immediately
suspend the permit issued to operate the same. The License Officer shall grant the owner or
operator a reasonable specified time in which to correct the conditions which are in violation of
this Code or any applicable law. If the corrections are not made to the satisfaction of the License
Officer within the specified time, the License Officer shall revoke the operator's permit.
SECTION 68. Section 6433.15 of Article VI, Chapter 4, Part 3, Division 3 of the Arcadia
Municipal Code is hereby amended to read as follows:
6433.15. REINSTATEMENT.
The owner, operator or manager of any slaughter house for which the permit to operate
has been suspended shall be required to correct completely the conditions on which the License
Officer based the suspension of the permit. In applying for a reinstatement of the permit, their
application shall include a signed statement that the conditions complained of by the Health
Officer have been completely corrected. In case a permit has been revoked, it may not be
reinstated. Any application for a new permit shall be made as provided in Part 1 of Chapter 3 of
this Article.
SECTION 69. Section 6434.10 of Article VI, Chapter 4, Part 3, Division 4 of the Arcadia
Municipal Code is hereby amended to read as follows:
19
Ord. 2263
Attachment 'B'
6434.10. SUSPENSION.
The Chief of Police may at any time suspend any permit issued pursuant to this Division
if he finds that any equipment of the permittee used in the collection or hauling of garbage or
refuse in the City fails to comply with any applicable regulation. Such suspension shall remain in
effect until the License Officer shall set aside such suspension, extend such suspension for a
specific period of time and upon specified conditions, or revoke the permit.
SECTION 70. Section 6438.3 of Article VI, Chapter 4, Part 3, Division 8 of the Arcadia
Municipal Code is hereby amended to read as follows:
6438.3. VIOLATION OF ARTICLE.
(a) Whenever the License Officer is advised that a newsreel( has been placed or
installed or is being maintained in violation of this Article, they shall so notify the person in
whose name the newsrack is registered pursuant to Section 6438.4. Such notice shall state the
nature of the violation, the intention to impound the newsrack if the violation is not corrected or a
hearing is not requested in wilting before the Business License Review Board within ten (10)
days after the giving of such notice and the procedure for requesting such a hearing. A timely
request for a hearing shall stay any impounding, provided, however, if the violation is not
corrected within five (5) calendar days after the decision made at the conclusion of such hearing
becomes final, the License Officer may impound the newsreel( In accordance with Subsection
(c) of this Section.
(b) Notwithstanding Subsection (a) of this•Section, for violations of this Article relative to
restrictions upon the attachment of newsracks to property other than that owned by the owner of
the newsrack, to fixed objects or to each other and upon location of newsracks, the License
Officer may, without first giving the registrant of the newsreel( written or oral notice, move, align,
remove such attachment or otherwise move such racks in order to restore them to a safe and
legal condition, as an altemative to the procedure speclfled in Subsection (a) of this Section.
(c) Whenever a newsreel( is impounded pursuant to Subsection (a) of this Section, the
newsrack shall be removed by the License Officer and stored in any convenient place where
other items of personal property confiscated in connection with a City investigation or
enforcement of this Code are stored. The License Officer shall notify the person who, according
to the City's most recent records, is the owner of the newsrack by mailing a notice of newsreel(
removal to the last known address of the owner. Such notice shall state the date the newsreel(
was removed, the reasons therefor, the location and procedure for claiming the newsreel( and
the procedure for obtaining a post- removal hearing before the Business License Review Board,
if desired. Any such newsreel( removed and stored pursuant to this Section shall be released to
the owner thereof if claimed within forty -five (45) days after the mailing of written notice of
removal and upon the payment of reasonable charges of removal and storage thereof. Upon
failure of the owner to claim such newsrack and pay the reasonable charges within the forty -five
(45) day period, such newsrack shall be deemed to be unclaimed property in possession of the
City's Police Department and may be disposed of in accordance with the City's policy of
disposing of unclaimed property.
(d) Notwithstanding anything herein to the contrary, any newsreel( maintained within
the City in violation of this Article, which violation creates an immediate danger to the health or
safety of the public, as determined by the License Officer, and which violation cannot be
corrected by moving or otherwise repositioning the newsrack, may be summarily removed and
stored in a convenient location so as to eliminate the danger to the health or safety of the public.
The License Officer shall notify the owner thereof by mailing a notice of removal to the last
known address of the owner. Such notice shall state the date the newsrack was removed, the
reasons therefor, the location and procedure for claiming the newsrack and the procedure for
obtaining a post removal hearing before the Business License Review Board, if desired. Any
such newsrack removed and stored pursuant to this Subsection shall be released to the owner
20
Ord. 2283
Attachment 'B'
thereof if claimed within forty-five (45) days after the mailing of written notice of removal and
upon the payment of reasonable charges of removal and storage therefor. Upon failure of the
owner to claim such newsrack and pay the reasonable charges within the forty -five (45) day
period, such newsradc shall be deemed to be unclaimed property In possession of the City's
Police Department and may be disposed of in accordance with the City's policy of disposing of
unclaimed property.
(e) Within ten (10) days of the date on which the notice of violation or notice of removal
of a newsrack summarily impounded is sent by the City, the person in whose name the
newsrack is registered pursuant to Section 6438.4 or other person who provides satisfactory
proof of ownership may request a hearing before the Business License Review Board. The
request shall be in writing, shall state the basis thereof and shall be filed with the Business
Ucense Review Board. The hearing shall be held within thirty (30) working days of the Board's
receipt of the request, unless continued for good cause as determined in the Board's
reasonable discretion. At the hearing, any person may present evidence or argument as to
whether the newsrack has violated this Article. Within ten (10) working days after the close of
the hearing, the Business License Review Board shall render a decision in writing. Notice of the
decision shall forthwith be given to the person who requested the hearing.
(f) All notices shall be sent by registered mail to the registrant and the owner at the
address shown on the registration and at their last known address.
SECTION 71. Section 6510 of Article VI, Chapter 5, Part 1 of the Arcadia Municipal
Code is hereby amended to read as follows:
6510. PERMIT REQUIRED.
No person shall at any time keep, maintain, raise, possess or use more than ten (10) live
four footed animals or more than two hundred (200) live birds of any kind upon or within one
hundred (100) feet of any property classified for residential purposes under Chapter 2 of Article
IX of this Code without a valid permit therefor issued by the License Officer pursuant to Chapter
3 of this Article.
SECTION 72. The title of Division 2 of Part 1 of Chapter 6 of Article VI of the Arcadia
Municipal Code Is hereby amended to read as follows:
DIVISION 2. LICENSE OFFICER'S DUTIES
SECTION 73. Section 6612 of Article VI; Chapter 6, Part 1, Division 2 of the Arcadia
Municipal Code is hereby amended to read as follows:
6612. DUTIES.
It shall be the duty of the License Officer or designee to investigate each application for
a permit as hereinafter provided by the provisions of this Chapter. He or she shall maintain each
application on file, together with his or her decision thereon, all of which shall be subject to
public inspection at any reasonable time.
SECTION 74. Section 6612.1 of Article VI, Chapter 6, Part 1, Division 2 of the Arcadia
Municipal Code Is hereby amended to read as follows:
6612.1. POWERS.
The License Officer or designee shall have the power to issue and deny permits as
hereinafter provided; to summon witnesses; to demand production of documents and things; to
take testimony and to direct investigations as hereinafter provided; and to do and to perform all
other acts that may be necessary or proper within the scope of his or her duties and functions.
21
Ord. 2263
Attachment 'B'
SECTION 75. Section 6613.1 of Article VI, Chapter 6, Part'1, Division 3 of the Arcadia
Municipal Code is hereby amended to read as follows:
6613.1. PERMIT APPLICATION CONTENTS.
Each and every person desiring to practice, exercise or engage in any of the activities
described in Sections 6611.1 or 6611.2 shall personally appear before the License Officer or
designee and file with him or her a written, signed and acknowledged application, showing:
A. The true and fictitious names, aliases and residences of the applicant if an
individual; the true and fictitious names, aliases and residences of all members of the applicant
if applicant is a firm, association or partnership; the true and fictitious names, aliases and
residences of the principal officers of the applicant if the applicant is a corporation;
B. The length of service of the applicant with such firm, association, partnership,
corporation or organization;
C. The place of birth, birth date and social security number of each and every person
enumerated in subsection A of this section;
D. The city, county and state where the persons, enumerated in subsection A of this
section, practiced or conducted any of the activities described in Sections 6611.1 and 6811.2, or
any business or practice kindred thereto within twelve (12) months previous to the date of said
application and the name under which the same was conducted;
E. The length of residence of the persons enumerated in subsection A of this section
within the City, if applicable;
F. A statement of the nature and character of applicant's proposed practice or activity;
G. The nature and character of the goods, wares, merchandise or services to be
offered by the applicant;
H. Whether the persons enumerated in subsection A of this section have ever been
convicted of a felony involving murder, manslaughter, fraud, burglary or any sex crime as
defined by California Penal Code 11105.2; if so, applicant shall state the nature of each offense,
date of conviction, the sentence received therefore and the court in which each conviction and
sentence was entered;
L Such other reasonable information as to the identity and background of the persons
enumerated in subsection A of this section as the chief of police may require, induding, but not
limited to, a photograph or photographs of said persons.
SECTION 76. Section 6813.3 of Article VI, Chapter 6, Part 1, Division 3 of the Arcadia
Municipal Code Is hereby amended to read as follows:
6613.3. FORM OF PERMIT.
Permits issued under this chapter shall bear the name and address of the person to
whom it is issued, the number of the certificate, the date issued, the certificate's expiration date
and the License Officer's or designee's signature.
SECTION 77. Section 6613.4 of Article VI, Chapter 6, Part 1, Division 3 of the Arcadia
Municipal Code is hereby amended to read as follows:
6613.4. TIME OF ISSUANCE.
The License Officer or designee shall either grant or deny the requested certificate within
ten (10) days of the date the application is made. If the License Officer or designee fails to act
within the time prescribed, the permit shall be deemed granted.
SECTION 78. Section 6613.5 of Article VI, Chapter 6, Part 1, Division 3 of the Arcadia
Municipal Code is hereby amended to read as follows:
22
Ord. 2263
Attachment 'B'
6613.5. PERMIT GRANTING DENIAL.
A. After the receipt of a properly completed and filed application, if the application is
accepted, the License Officer or designee shall issue a permit, numbered and In due form,
allowing the applicant to practice the activities, proposed in said application upon payment of
the prescribed permit fee, unless the applicant has been convicted of one of the crimes
enumerated in Section 6613.1(H).
B. The application may be rejected if the activities sought to be permitted do not comply
in every way with the rules, regulations and laws applicable thereto, or if the License Officer or
designee determines, after investigation, that the applicant's character or background is
unsatisfactory. If the application is rejected, the Ucense Officer or designee will notify the
applicant in writing, giving the reason for the same and shall refund all the fees submitted with
the application, save and except for costs incurred by the City in investigating the same.
SECTION 79. Section 6813.8 of Article VI, Chapter 6, Part 1, Division 3 of the Arcadia
Municipal Code is hereby amended to read as follows:
6613.8. PERMIT CANCELLATION.
Upon the discovery of any false or misleading statements in the application or any
misrepresentation by the applicant in procuring said permit, the Ucense Officer may, upon five
(5) days' notice to said applicant, cancel and annul said permit; whereupon the applicant shall
be subject to the penalties prescribed in this code from and after the date of the cancellation as
though the permit had never been granted.
SECTION 80. Section 6613.9 of Article VI, Chapter 6, Part 1, Division 3 of the Arcadia
Municipal Code is hereby amended to read as follows:
6613.9. PERMIT REVOCATION, SUSPENSION.
A. Any permittee who commits any of the crimes specified In Section 6613.1(H) is liable
to have his or Its permit suspended or revoked by the License Officer. The License Officer shall
also have the right to suspend or revoke such permit whenever it is shown to the satisfaction of
the Ucense Officer that the activities so licensed are being conducted in a manner that is
detrimental to the public health, morals, peace, welfare or safety of the community. Any
suspension or revocation shall cause to be served upon the permittee a written notice specifying
the grounds for said suspension or revocation and informing the permittee of the hearing
procedures before the Business License Review Board at which time the permittee shall have
the opportunity to be heard and to make his or her defense against any complaints and
allegations made as to his or her activities pursuant to this Chapter. Such written notice shall be
served in accordance with the provisions of Code of Civil Procedure Section 1094.6.
B. When a permit has been revoked, no other permit shall be issued under the
provisions of this Chapter to the same permittee within one (1) calendar year of the date of
revocation or for such other specified, certain, reasonable time determined by the Board,
Administrative Law Judge, or City Council.
SECTION 81. Section 6613.11 of Article VI, Chapter 6, Part 1, Division 3 of the Arcadia
Municipal Code is hereby amended to read as follows:
6613.11. APPEALS TO CITY COUNCIL.
Any applicant for a permit may appeal the Business License Review Board's decision to
the City Council, per the procedures described in Sections 6216.8 and 6216.9.
SECTION 82. Section 6813.13 of Article VI, Chapter 6, Part 1, Division 3 of the Arcadia
Municipal Code is hereby amended to read as follows:
23
Ord. 2263
Attachment 'B'
6613.13. PEDDLER AND SOLICITOR PERMIT AND BADGE TO BE CARRIED ON
PERSON.
Each applicant for a permit must at all times keep on his person the permit Issued by the
License Officer or designee. No person shall fail to wear a badge (as described herein) on
his/her chest over the heart that Indicates the number of the solicitation permit, Its expiration
date and the name of the permit holder, all badges to be white with black lettering that is legible
at a distance of five feet (5') and to contain a photograph of the individual wearing each badge
that has been taken within the previous six (6) months of the date of solicitation.
SECTION 83. Section 6614.1 of Article VI, Chapter 6, Part 1, Division 4 of the Arcadia
Municipal Code is hereby amended to read as follows:
6614.1. INVESTIGATION OF SOLICITORS AND PEDDLERS.
The License Officer or designee is authorized to investigate the affairs of any person
engaged in soliciting or peddling under a permit or certificate issued under the provisions of this
Chapter.
SECTION 84. Section 6614.3 of Article VI, Chapter 6, Part 1, Division 4 of the Arcadia
Municipal Code shall be deleted in Its entirety:
SECTION 85. Section 6615.1 of Article VI, Chapter 6, Part 1, Division 5 of the Arcadia
Municipal Code is hereby amended to read as follows:
6615.1. PERMITTEE'S REPORTS.
Every person to whom a permit has been issued under this Part shall, within sixty (60)
days after the solicitation has been completed, furnish to the License Officer a detailed report
and financial statement showing the amount raised by the solicitation, the amount expended in
collecting such funds, a detailed report of the wages, fees, commissions and expenses paid to
any person in connection with such solicitation, and the disposition of the balance of the funds
collected by the solicitation. This report shall be available for public inspection at the License
Officer's office. The permit holder shall make available to the License Officer, or to any person
designated in .writing by the License Officer as their representative for such purpose, all books,
records and papers whereby the accuracy of such report may be checked.
SECTION 86. Section 6615.2 of Article VI, Chapter 6, Part 1, Division 5 of the Arcadia
Municipal Code is hereby amended to read as follows:
6615.2. INVESTIGATION OF SOLICITORS.
The License Officer is authorized to investigate the affairs of any person soliciting for
charitable or religious purposes under a permit or certificate issued under the provisions of this
Part, and may make public their written findings in order that the public may be fully informed as
to the affairs of any of said persons. All such persons shall make available to the License
Officer, or to any representative designated by them in writing for such specific purpose, all
books, records or other information reasonably necessary to enable the License Officer to fully
and fairly inform the public of all facts necessary to a full understanding by the public of the
works and methods of operation of such persons. Five (5) days before the public release of any
findings under this section, the License Officer shall first serve a copy of said findings upon the
24
Ord. 2263
Attachment 'B'
person investigated, and at the time of the release of their findings they must release a copy of
any written statement filed by such person in explanation, denial or confirmation of said findings.
SECTION 87. Section 6616.5 of Article VI, Chapter 6, Part 1, Division 8 of the Arcadia
Munidpal Code is hereby amended to read as follows:
6816.5. FILM PERMIT APPROVED.
Permits will only be issued after they have been reviewed and approved by the License
Officer, or designee, consistent with the designated film permit policy as set forth in the film
permit application package.
SECTION 88. Section 6616.9 of Article VI, Chapter 6, Part 1, Division 6 of the Arcadia
Municipal Code is hereby amended to read as follows:
6616.9. WAIVER OF FEES.
The License Officer, or designee, may waive a film permit fee if the applicant is a student
or a local charitable organization with documented proof of this status.
SECTION 89. Section 6616.10 of Article VI, Chapter 6, Part 1, Division 6 of the Arcadia
Municipal Code is hereby amended to read as follows:
6616.10. REVOCATION OR DENIAL OF APPLICATION.
The License Officer, or designee, may revoke the film permit or deny approval of film
application if any of the following circumstances occur.
(1) There has been a misrepresentation In the permit application with respect to the
nature of the film activity, the number of personnel or equipment, or other relevant matter.
(2) Where the filming activity, as conducted, has become a hazard to persons or
property, or unduly disruptive to neighboring residents and/or businesses.
(3) Where the film activity goes beyond the hours specified in the film permit.
(4) Where any provision of the fire/life safety requirements has not been corrected after
notification by police/fire personnel.
(5) For failure to comply with insurance requirements and maintain satisfactory
insurance at all times during applicant's activities in the City.
(6) Failure to abide by and comply with the terms and conditions of this permit.
(7) Allowance of conditions and/or actions that constitute a public nuisance or
otherwise disturb or disrupt the neighborhood.
Revocation for any of the reasons set forth above shall be grounds to deny subject
applicant subsequent permits.
SECTION 90. Section 6701 of Article VI, Chapter 7 of the Arcadia Municipal Code is
hereby amended to read as follows:
6701. ADULT BUSINESS PERFORMER LICENSE.
A. No performer shall be employed, hired, contracted for or otherwise retained in an
adult business to partidpate In or give any live performance displaying specified anatomical
areas or specified sexual activities without first having a valid adult business performer license
issued by the City.
B. Consistent with Arcadia Municipal Code Section 1441, for purposes of enforcing
Chapter 7 of Article VI of the Arcadia Municipal Code (Adult Business Performer License
Sections 6700 et seq.) Officer shall mean the License Officer or his or her designee.
C. License applicants shall file a written, signed, and verified application or renewal
application on a form provided by the Officer. Such application shall contain the following
25
Ord. 2263
Attachment 'B'
Information, necessary for the City to determine an applicant's ability to function responsibly in
an adult business setting, and be accompanied by the following documents:
1. The license applicants legal name and any other names (induding "stage names"
and aliases) used by the applicant.
2. Age, date and place of birth.
3. Height, weight, hair and eye color and tattoo descriptions and locations.
4. Each present and/or, as the case may be, proposed business address(es) and
telephone number(s) of the establishments at which the applicant intends to work.
5. Driver's license or identification number and state of issuance.
6. Social Security number.
7. Satisfactory written proof of verifiable identification establishing that the permit
applicant is at least eighteen (18) years of age or twenty -one (21) years of age if the
performance is to occur in a Department of Alcoholic Beverage Control "ABC regulated
establishment.
8. The license. applicant's fingerprints on a form provided by the Police Department and
a color two (2) by two (2) inch photograph clearly showing the applicants face. Any fees for the
photographs and fingerprints shall be paid by the applicant. Fingerprints and photograph shall
be within six (6) months of the date of application.
9. Whether the license applicant, has pled guilty or nolo contendere or been convicted
of an offense classified by this or any other state as a sex-related offense and (a) less than two
(2) years have elapsed since the date of conviction or the date of release from confinement of
conviction to the date of application, whichever is the later date, if the conviction is a
misdemeanor, or (b) less than five (5) years have elapsed since the date of conviction or the
date of release from confinement of conviction to the date of conviction, whichever is the later
date, if the conviction is a felony; or (c) less than five (5) years have elapsed since the date of
the last conviction or the date of release from confinement for the conviction to the date of
application, whichever is the later date, If the convictions are two (2) or more misdemeanors or
combination of misdemeanor offenses occurring within any twenty-four (24) month period. This
section shall be applied consistent with California Penal Code Section 11105 and any
amendments thereto.
10. If the application is made for the purpose of renewing a license, the license
applicant shall attach a copy of the license to be renewed.
11. Address of principal place of residence.
D. The completed application shall be accompanied by a non refundable application
fee and an annual license fee. Said fees shall be set by Resolution of the City Council.
E. The completeness of an application shall be immediately determined by the Officer
upon its submittal. The Officer will accept applications during normal City Hall working hours. If
the Officer determines that the application is incomplete, the Officer shall immediately inform the
applicant of such fact and the reasons therefor, including any additional information necessary
to render the application complete. Upon receipt of a completed adult business performer
application and payment of the license fee specified in Subsection D of this Section, the Officer
shall immediately issue a temporary license which shall expire of its own accord ten (10)
business days from the date of issuance and shall only be extended as provided in Section
6702(C). This temporary adult business performer license shall authorize a performer to
commence performance at an adult business establishment that possesses a valid adult
business regulatory permit authorized to provide live entertainment.
F. The fact that a license applicant possesses other types of State or City permits or
licenses does not exempt the license applicant from the requirement of obtaining an adult
business performer license.
G. The information provided above in Subsections C 1, 5, 6 and 11 shall be redacted
from any public disclosure under the California Public Records Act to protect the physical
security of the performers.
26
Ord. 2263
Attachment 'B'
SECTION 91. Section 6702 of Article Vi, Chapter 7 of the Arcadia Municipal Code is
hereby amended to read as follows:
6702. INVESTIGATION AND ACTION ON APPLICATION FOR ADULT BUSINESS
PERFORMER LICENSE.
A. Upon submission of a completed application, payment of license fees, and issuance
of a temporary adult business performer license pursuant to Section 6701, the Officer shall
Immediately stamp the application "Received" and shall refer the application to the Police
Department for investigation to determine whether the license applicant should be issued an
adult business performer license.
B. Investigation shall not be grounds for the City to unilaterally delay in reviewing a
completed application. The Officer's decision to grant or deny the adult business performer
license shall be made within ten (10) working days from the date the temporary license was
issued and in no case shall the decision to grant or deny the license application be made after
the expiration of the temporary license.
C. The Officer shall render a written decision to grant or deny the license within the
foregoing ten (10) day period. Said dedsion shall be mailed first class postage pre-paid or hand
delivered to the applicant, within the foregoing ten (10) day period, at the address provided by
the applicant In the application.
For good cause as set forth In writing, the ten (10) day period shall be extended up to an
additional ten (10) days. This shall automatically extend the temporary license. Failure of the
Officer to render a decision on the permit within the time frames established by the Section shall
be deemed to constitute an approval, subject to appeal to the Business License Review Board,
pursuant to Section 6703.
D. The Officer shall notify the applicant as follows:
1. The Officer shall write or stamp "Approved" or "Denied" on the application and date
and sign such notation.
2. If the application is denied, the Officer shall attach to the application a statement of
the reasons for denial. Such notice shall also provide that the permit applicant may appeal the
denial to the Business License Review Board in accordance with Section 6703.
3. If the application is approved, the Officer shall attach to the application an adult
business performer license.
4. The application, as acted upon, and the license, if any, shall be placed in the United
States mall, fi rst dass postage prepaid, or hand delivered, addressed to the license applicant at
the residence address stated in the application in accordance with the time frames established
herein.
E. The Officer shall approve the application and issue the license unless the application
is denied based on one of the grounds set forth in Section 6703(C).
F. On determining that the grounds for license denial exist in accordance with Section
6703, the Officer shall fumish written notice of the denial to the applicant. Such notice shall
provide, in addition to the grounds for denial, that the license applicant may appeal the denial to
the Business License Review Board in accordance with Section 8703, and that the temporary
license shall be extended through the time the appeal is concluded.
G. Each adult business performer license, other than the temporary license described
in Section 6701, shall expire one (1) year from the date of issuance and may be renewed only
by filing with the Officer a written request for renewal, accompanied by the annual license fee
and a copy of the license to be renewed. If said application conforms to the previously approved
application and there has been no change with respect to the license holder being convicted of
any crime classified by this or any other state as a sex related offense, the Officer shall renew
the license for one (1) year. Any plea to or conviction of a sex- related offense requires the
renewal application to be denied in accordance with the provisions of this Section. The denial of
a renewal application Is appealable pursuant to the provisions of Section 6703. The request for
27
Ord. 2263
Attachment 'B'
renewal shall be made at least thirty (30) days before the expiration date of the license.
Applications for renewal shall be acted upon as provided herein for action upon applications for
license.
SECTION 92. Section 6703 of Article VI, Chapter 7 of the Arcadia Municipal Code is
hereby amended to read as follows:
6703. DENIAL, SUSPENSION OR REVOCATION OF ADULT BUSINESS PERFORMER
LICENSE APPEAL HEARING.
A. On determining that grounds for license denial, suspension or revocation (also
referred to collectively as License Action) exist, the Officer shall fumish written notice of the
license action to the license holder or applicant (hereinafter "license holder" or "licensee" shall
also mean "license applicant" or "applicant Such notice shall set forth the procedures for
appeal, the pertinent Arcadia Municipal Code Sections, and a brief statement of the factual
matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last
known address of the license holder, or shall be delivered to the license holder personally.
B. During any appeal to the Business License Review Board, the applicant or license
holder shall have the right to offer testimonial, documentary, and tangible evidence bearing
upon the issues and may be represented by counsel. The Board shall not be bound by the
formal rules of evidence. Any hearing under this section may be continued for a reasonable time
for the convenience of a party or a witness at the request of the licensee. Extensions of time or
continuances sought by a licensee shall not be considered delay on the part of the City or
constitute failure by the City to provide for prompt decisions on license actions.
C. A license may be denied, suspended or revoked, based on any of the following
causes arising from the acts or omissions of the permit holder.
1. The licensee has made any false, misleading, or fraudulent statement of material
fact in the application for a performer license.
2. The license applicant is under eighteen (18) years of age.
3. The licensee has pled guilty, nolo contendere or been convicted of an offense
classified by this or any other state as a sex related offense and (a) Tess than two (2) years have
elapsed since the date of conviction or the date of release from confinement for the conviction to
the date of application, whichever is the later date, if the conviction is a misdemeanor, or (b)
less than five (5) years have elapsed since the date of conviction or the date of release from
confinement of conviction to the date of application, whichever is the later date, if the conviction
is a felony; or (c) Tess than five (5) years have elapsed since the date of the last conviction or
the date of release from confinement for the conviction to the date of application, whichever is
the later date, If the convictions are two (2) or more misdemeanors or combination of
misdemeanor offenses occurring within any twenty-four (24) month period.
4. The Licensee has committed acts in violation of the requirements and standards of
the Adult Business Ordinance (Sections 9279 et seq. and 6700 et seq.).
D. After holding the hearing in accordance with the provisions of this Section, if the
Board finds and determines that there are grounds for denial, suspension or revocation, the
Board shall impose one of the following:
1. Suspension of the license for a specified period of either one (1) year or some other
time to be determined in the Board's discretion; or
2. Denial and /or revocation of the license; or
3. Conditional granting of the license.
4. The Board shall render a written decision in accordance with the procedures of
Section 6216.8.
E. In the event a license is revoked pursuant to this Section, another adult business
performer license shall not be granted to the licensee within twelve (12) months after the date of
such revocation or such other time as the Board determines. (Amended during 1-00
28
Ord. 2263
Attachment 'B'
supplement; amended by Ord. 2178 adopted 5 -6-03)
SECTION 93. Section 6704 of Article VI, Chapter 7 of the Arcadia Municipal Code is
hereby amended to read as follows:
6704. JUDICIAL REVIEW.
A. Decisions of the Business License Review Board may be appealed to the City
Council pursuant to the procedures of Section 6216.9.
B. The time for a court challenge to a decision of the City Council under Sections 6702
and /or 6703 is govemed by Califomla Code of Civil Procedure 1094.8.
C. Notice of the Business License Review Board's decision and its findings and the City
Council's decision and Its findings under Sections 6702 and /or 6703 shall indude citation to
California Code of Civil Procedure 1094.8.
D. Any applicant or license holder whose license has been denied, suspended, or
revoked, pursuant to Sections 6702 and/or 6703 shall be afforded prompt judicial review of that
decision as provided by California Code of Civil Procedure 1094.8.
(Former Section 6704 repealed and new Section 6704 added by Ord. 2178 adopted 5 -6-03)
SECTION 94. Section 6707 of Article VI, Chapter 7 of the Arcadia Municipal Code is
hereby amended to read as follows:
8707. TIME UMIT FOR FILING APPLICATION FOR UCENSE.
All persons required by Section 6700 et seq. to obtain an adult business performer
license who are performing in Arcadia prior to the effective day of the Ordinance codified in this
Chapter must apply for and obtain such adult business performer license within sixty (60) days
of the effective date of said Ordinance. Failure to do so and continued performance that
displays specified anatomical areas or specified sexual activities in an adult business after such
time without a license shall constitute a violation of the Arcadia Municipal Code.
SECTION 95. Section 6803 of Article VI, Chapter 8 of the Arcadia Municipal Code is
hereby amended to read as follows:
6803. PERMIT REQUIREMENTS.
A. It shall be unlawful for any person to establish, operate, engage in, conduct, or carry
on any adult business within the City of Arcadia unless the person first obtains, and continues to
maintain in full force and effect, an adult business regulatory permit as herein required. Any
occurrence of the "establishment of an adult business" as defined in Arcadia Municipal Code
Section 6801(L) shall require a new application for an adult business use permit. The adult
business use permit shall be subject to the development and operational standards contained in
Sections 6805.
B. Permit applicants shall file a written, signed, and verified application on a form
provided by the License Officer or designee. Any changes in information on an application shall
be submitted on a supplemental application within ten (10) working days of each such change.
Such application shall contain the following information and shall also indude applicant's
acknowledgment that he/she has read and understands all requirements set forth in Section
6805.
1. if the permit applicant is an individual, the individual shaU state his or her legal name,
including any aliases, telephone number, home address (Including previous addresses), tax
identification number, social security number, information regarding past adult business
ownership, and shall submit satisfactory written proof that he or she is at least eighteen (18)
years of age.
29
Ord. 2263
Attachment 'B'
2. If the permit applicant Is a partnership, the partners shall state the partnership's
complete name, address, and telephone number, and the names (including aliases), telephone
number, home address (Including previous addresses), tax identification number, social security
number, and information on past adult business ownership of all partners. The applicant and all
the partners shall also submit satisfactory written proof that he or she is at least eighteen (18)
years of age and whether the partnership is general or limited; and shall attach a Dopy of the
partnership agreement, if any.
3. If the permit applicant is a corporation, the corporation shall provide its complete
name, the date of its incorporation, evidence that the corporation Is in good standing under the
laws of the State of California, the names and capacities of all officers and directors, the name
of the registered corporate agent, and the address of the registered office for service of process.
4. If the permit applicant is an individual, he or she shall sign the application. If the
permit applicant is other than an individual, each individual or entity with a ten percent (10%) or
greater interest in the business entity shall sign the application. Any individual who signs the
application must also provide his or her name, including any aliases, home address (induding
previous addresses), telephone number, date of birth, social security number, information
regarding past adult business ownership, and shall submit satisfactory written proof that he or
she is at least eighteen (18) years of age.
5. If the permit applicant intends to operate the adult business under a name other than
that of the permit applicant, the permit applicant shall file the fictitious name of the adult
business and show proof of registration of the fictitious name.
6. A description of the type of adult business for which the permit is requested and the
proposed address where the adult business will operate, plus the names and addresses, of the
owners and lessors of the adult business site. If premises are leased, a complete copy of the
current lease must be attached. The property owner must sign the application.
7. The address to which notice of action on the application is to be mailed.
8. The full names, aliases, if any, addresses, telephone numbers and date of birth of all
employees, independent contractors, and other persons who will perform at the adult business,
who are required by Section 6700 et seq. to obtain an adult business performer license. This
information shall be updated by the licensee of the adult business establishment within five (5)
days of retention of any new or additional employees, independent contractors, and other
persons who will perform at the adult business, who are required by Section 6700 et seq. to
obtain an adult business performer license. All persons who have been issued an adult
business regulatory permit shall promptly supplement the information provided as part of the
application for the permit with the names of all employees, independent contractors, or other
persons, who are required to obtain an adult business performer license, within ten (10) working
days of any change in the information originally submitted. The information obtained by the City
pursuant to this Subsection B(8) shall be kept confidential.
9. Permit applications shall Include a signed and verified statement that:
(a) The permit applicant, if an individual, or each shareholder, partner, officer and
director, or other party possessing a ten percent (10 or greater interest, If a partnership or
corporation, has not pled guilty or nolo contendere or been convicted of an offense classed by
this or any other state as a sex or sex related offense; or
(b) If there has been a conviction or a plea, then:
(1) More than two (2) years have elapsed between the date of conviction or plea, or the
date of release from confinement for a conviction or plea, whichever is the later date, and the
date of application if the conviction or plea is a misdemeanor, or
(2) More than five (5) years have elapsed between the date of conviction or plea, or the
date of release from confinement for a conviction or plea, whichever is the later date, and the
date of application if the conviction or plea is a felony; or
(3) More than five (5) years have elapsed between the date of the last conviction or
plea, or the date of release from confinement for the last conviction or plea, whichever is the
30
Ord. 2263
Attachment 'B'
later date, and the date of application if the convictions or pleas are two (2) or more
misdemeanors or a combination of misdemeanor offenses occurring within any twenty -four (24)
month period.
C. The completed application shall be accompanied by a non refundable application
fee. Said fee shall be set forth by Resolution of the City Council.
D. The completeness of an application for an adult business regulatory permit shalt be
determined by the Officer within five (5) working days of its submittal. If the Officer determines
that the permit application is incomplete, the Officer shall immediately notify in writing the permit
applicant of such fact and the reasons therefor, induding any additional information necessary
to render the application complete. Such writing shall be deposited in the U S mail, postage
prepaid, Immediately upon determination that the application is incomplete. Within five (5)
working days following the receipt of an amended application or supplemental information, the
Officer shall again determine whether the application is complete in accordance with the
provisions set forth above. Evaluation and notification shall occur as provided herein until such
time as the application is found to be complete.
E. The fact that a permit applicant possesses other types of State or City permits or
licenses does not exempt the permit applicant from the requirement of .obtaining an adult
business regulatory permit.
SECTION 96. Section 6804 of Article VI, Chapter 8 of the Arcadia Municipal Code is
hereby amended to read as follows:
6804. INVESTIGATION AND ACTION ON APPLICATION FOR .ADULT BUSINESS
REGULATORY PERMIT.
A. The completeness of an application for an adult business regulatory permit shall be
determined by the License Officer or his or her designee within five (5) working days of its
submittal. If the Officer determines that the permit application is Incomplete, the Officer shall
immediately notify in writing the permit applicant of such fact and the reasons therefor, including
any additional information necessary to render the application complete. Such writing shall be
deposited in the U.S. mail, postage prepaid, immediately upon determination that the application
Is incomplete. Within five (5) working days following the receipt of an amended application or
supplemental information, the Officer shall again determine whether the application is complete
in accordance with the provisions set forth above. Evaluation and notification shall occur as
provided herein until such time as the application is found to be complete.
B. Upon receipt of a completed application and payment of the application and permit
fees, the Officer shall immediately write or stamp the application "Received" and, in conjunction
with City staff and the Chief of Police, shall promptly investigate the information contained in the
application to determine whether an adult business regulatory permit shall be granted.
C. Within ten (10) working days of receipt of the completed application, the Officer shall
issue or deny the license, unless extended for five (5) additional working days upon a showing
of good cause. Only one such extension shall be permitted unless requested by the applicant.
D. In reaching a decision, the Officer shall not be bound by the formal rules of evidence
in the California Evidence Code.
E. The failure of the Officer to render any decision within the time frames established In
any part of this Section shall be deemed to constitute an approval, subject to appeal to the
Business License Review Board, pursuant to Section 6807. The Officer's decision shall be hand
delivered or mailed to the applicant at the address provided in the application, and shall be
provided in accordance with the requirements of this Code.
F. Notwithstanding any provisions In this Section regarding the occurrence of any
action within a specified period of time, the applicant may request additional time beyond that
provided for in this Section or may request a continuance regarding any decision or
consideration by the City of the pending application Extensions of time sought by applicants
31
Ord. 2263
Attachment 'B'
shall not be considered delay on the part of the City or constitute failure by the City to provide
for prompt decisions on applications.
G. The Officer shall grant or deny the application in accordance with the provisions of
this Section, and so notify the applicant as follows:
1. The Officer shall write or stamp "Granted" or "Denied" on the application and date
and sign such notation.
2. If the application is denied, the Officer shall attach to the application a statement of
the reasons for the denial.
3. If the application is granted, the Officer shall stamp "Approved" on the application.
H. The Officer shall grant the application and issue the adult business regulatory permit
unless the application is denied based upon one (1) or more of the criteria set forth in
subsection J below.
I. If the Officer grants the application, the applicant may begin operating the adult
business for which the permit was sought, subject to strict compliance with the development and
operational standards and requirements of this Chapter. The permlt holder shall post the permit
conspicuously in the premises of the adult business.
J. The Officer shall deny the application for any of the following reasons:
1. The adult business does not comply with the zoning and location standards found in
Section 9279.2.
2. The adult business does not comply with the development, operational or
performance standards found in this Chapter.
3. The permit applicant, his or her employee, agent, partner, director, officer,
shareholder with a ten percent (10%) or greater interest, or manager has made any false,
misleading, or fraudulent statement of material fact in the application for an adult business
regulatory permit or in any report, record, or document required to be filed with the application,
the Police Department, Sheriff, other law enforcement agency, or other department of the City.
4. The permit applicant is under eighteen (18) years of age.
5. The required application fees have not been paid.
6. The permit applicant, if an Individual, or any shareholder, partner, officer, director or
other party possessing a ten percent (10%) or greater interest, if a partnership or corporation,
has:
(a) Pled guilty or nolo contendere or been convicted of an offense classified by this or
any other state as a sex or sex-related offense; and
(b) (I) Less than two (2) years have elapsed between the date of conviction or plea, or
the date of release from .confinement for a conviction or plea, whichever is the later date, and
the date of application if the conviction or plea is a misdemeanor, or (ii) Less than five (5) years
have elapsed between the date of conviction or plea, or the date of release from confinement for
a conviction or plea, whichever is the later date, and the date of application if the conviction or
plea is a felony; or (iii) Less than five (5) years have elapsed between the date of the last
conviction or plea, or the date of release from confinement for the last conviction or plea,
whichever is the later date, and the date of application if the convictions or pleas are two (2) or
more misdemeanors or a combination of misdemeanor offenses occurring within any twenty
four (24) month period.
7. Within the past eighteen (18) months the applicant, including, but not limited to, an
owner, partner or shareholder with a ten percent 10% or greater financial interest has been
found to have violated any provision of this Chapter, has had an adult oriented business permit
or similar entitlement permitting the establishment of an adult or sexually oriented business
revoked, regardless of whether such revocation occurred within the City or in some other
jurisdiction.
K. An applicant cannot re -apply for an adult business regulatory permit for a location for
which the applicant previously submitted an application within one (1) year from the date of prior
denial.
32
Ord. 2263
Attachment '8'
L. Any affected person may appeal the decision of the Director in writing in accordance
with the provisions of Section 6807.
SECTION 97. Section 6807 of Article VI, Chapter 8 of the Arcadia Municipal Code is
hereby amended to read as follows:
6807. DENIAL, SUSPENSION OR REVOCATION OF ADULT BUSINESS REGULATORY
PERMITS APPEAL PROCEDURE.
A. On determining that grounds for permit denial, suspension or revocation exist, the
Officer shall furnish written notice of the permit action to the license holder or applicant
(hereinafter "permit holder" shall also mean "permit applicant" or "applicant"). Such notice shall
set forth the procedures for appeal, the pertinent Arcadia Municipal Code Sections, and a brief
statement of the factual matters In support thereof. The notice shall be mailed, postage prepaid,
addressed to the Last known address of the permit holder, or shall be delivered to the permit
holder personally.
B. During any appeal to the Business License Review Board, the applicant or permit
holder shall have the right to offer testimonial, documentary, and tangible evidence bearing
upon the issues and may be represented by counsel. The Board shall not be bound by the
formal rules of evidence. Any hearing under this section may be continued for a reasonable
time for the convenience of a party or a witness at the request of the licensee. Extensions of
time or continuances sought by a licensee shall not be considered delay on the part of the City
or constitute failure by the City to provide for prompt decisions on license actions. If the Board
finds and determines that there are grounds for denial, suspension or revocation, the Board
shall impose one of the following:
a. Denial of the permit or conditional granting of the permit;
b. Suspension of the permit for a specified period of at least one (1) year, or
c. Revocation of the permit.
The Board shall render a written decision that shall be hand delivered or ovemight
mailed to the pemilt holder within five (5) working days of the Board convening to render its
decision.
C. A permit may be suspended or revoked based on the following causes arising from
the acts or omissions of the permit holder, or an employee, agent, partner, director, stockholder
with a ten percent (10%) or greater interest, or manager of the permittee (unless an entertainer
is an employee, any entertainer shall be deemed to be an agent of the permittee for purposes of
this Chapter):
1. The use or building, structure, equipment, or location used by the adult business fails
to comply with applicable building, fire, electrical, plumbing, health, and those zoning
requirements of the Arcadia Municipal Code or this Chapter relating to adult businesses,
Including the adult business development and operating standards contained in Section 6805.
2. The permit holder has failed to obtain or maintain all required City, County, and State
licenses and permits.
3. The permit holder has made any false, misleading, or fraudulent statement of
material fact in the application for an adult business regulatory permit.
"Z. he permit is, being use to c:onduot ari.ectivit d'r nt •from tbpt •for vhich l;'An
'issued:. r �ti 11
5. 'The pertnit holder. has failed sLbmit'larriW r update the info atiort pettainiri6''to
ers,in accordance with S n 68 '3(1 �t
ti 6. An adc{ll lousing; l b r wttt t;a`�responsib� adult da4i isps,
offici acting i n the capacity of man er,'af al Mi during which the business is open pr
f t
T 7. hat a� eet ee� ir} t JIi d' to, pn 'teter„ Penner, f or s rel bider w!th
ten percent '(10%) or greater financial interest, or epnplo lee• Of an slduIt busJ bad has pled
yy 1
Ar t r'if'e' iiv� s
i►y 3' f t •1..,'h ,7 "i �u r.I�a 6'!, V 0 "7 It
4 /Ito art'' eviti {�t+: ty s�te�ti' t� "ttct tlii :•t'
tB
+fit 1t, te'f$ e" s `Y:
I ts'•• �OI• U E r 1
a f 4 6 ittkv 1. lkL 441
A 6.`t 1G iy, o o 1 's iai!a
guilty or nolo contendere or been convicted of an offense classified by this or any other state as
a sex related offense and: (a) less than two (2) years have elapsed since the date of conviction
or the date of release from confinement of conviction to the date of application, whichever is the
later date, if the conviction Is a misdemeanor; (b) less than five (5) years have elapsed since the
date of conviction or the date of release from confinement of conviction to the date of
application, whichever is the later date, if the conviction is a felony; or (c) less than five (5) years
have elapsed since the date of the last conviction or the date of release from confinement for
the conviction to the date of application, whichever is the later date, if the convictions are two (2)
or more misdemeanors or combination of misdemeanor offenses occurring within any twenty
four (24) month period.
8. That an individual employed by the adult business has been convicted of two (2) or
more sex related offenses that occurred in or on the licensed premises within a twelve (12)
month period and was an employee of the adult business at the time the offenses were
committed.
9. That the use for which the approval was granted has ceased to exist or has been
suspended for more than six (6) months.
10. That the transferee/new owner of an adult business or adult business regulatory
permit fails to comply with the requirements of Section 6806.
11. The permit holder, employee, agent, partner, director, stockholder with at least a
ten percent (10%) interest In the business, or manager has knowingly allowed or permitted, and
has failed to make a reasonable effort to prevent the occurrence of any of the following on the
premises of the adult business; or a permittee has been convicted of violating any of the
following State laws on the premises of the adult business:
a. Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation.
b. Use of the establishment as a place where unlawful solicitations for sexual
intercourse, sodomy, oral copulation, or masturbation openly occur.
c. The occurrence of acts of lewdness, assignation, or prostitution, including any
conduct constituting violations of Sections 315, 316, 318 of the California Penal Code.
d. Any act constituting a felony involving the sale, use, possession, or possession for
sale of any controlled substance specified In Sections 11054, 11055, 11056, 11057, or 11058 of
the California Health and Safety Code.
e. Any conduct constituting a criminal offense which requires registration under Section
290 of the Califomia Penal Code.
f. An act or omission in violation of any of the requirements of this Chapter if such act or
omission Is with the knowledge, authorization, or approval of the permit holder or is as a result
of the permit holder's negligent supervision of the employees of the adult facility. This includes
the 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.
D. In the event a permit is revoked (or suspended) pursuant to this Section, another
adult business regulatory permlt to operate an adult business shall not be granted to the
permittee, or any other owner, manager, director, board member or immediate family member of
any of the above within eighteen (18) months after the date of such revocation (or if suspended,
during the period of suspension) or as otherwise ordered by the Business License Review
Board.
E. Notwithstanding any other provision of this Code, the decision of the Business
License Review Board on any suspension or revocation may be appealed to the City Council,
pursuant to the procedures as explained in Section 6216.9.
SECTION 98. Section 6808 of Article VI, Chapter 8 of the Arcadia Municipal Code is
hereby amended to read as follows:
34
Ord. 2263
Attachment 'B'
6808. JUDICIAL REVIEW.
A. Decisions of the Business License Review Board may be appealed to the City
Coundl pursuant to the procedures of Section 6216.9.
B. The time for a court challenge to a decision of the City Council under Sections 6702
and/or 6703 is govemed by California Code of Civil Procedure 1094.8.
C. Notice of the Business License Review Board's decision and its findings and the City
Council's decision and its findings under Sections 6702 and/or 6703 shall indude citation to
California Code of Civil Procedure 1094.8.
D. Any applicant or license holder whose license has been denied, suspended, or
revoked, pursuant to Sections 6702 and /or 6703 shall be afforded prompt judicial review of that
decision as provided by California Code of Civil Procedure 1094.8.
(Former Section 6704 repealed and new Section 6704 added by Ord. 2178 adopted 5 -6-03)
SECTION 99: This Ordinance shall become effective on the thirty -first (31st) day
following Its adoption.
SECTION 100: The City Clerk shall certify to the adoption of this Ordinance and shall
cause a copy of the same to be published in the official newspaper of said City within fifteen
(15) days after its adoption. Passed, approved and adopted this day of
2009.
ATTEST:
City Clerk of the City of Arcadia
APPROVED AS TO FORM:
Stephen P. Deitsch, City Attomey
35
Mayor of the City of Arcadia
Ord. 2263
Attachment 'B'
Ordinance No. 2263 Additions, amendments and deletions:
Additions are In bigg,,Aggblidgadagg
Amendments where wording has been moved are green, Oublediadeingl, or sthlke-ilifeugh 'Arial'
Deletions .ara dratdke-ibreug be-1Fiall
Unchanged language is shown in black 'Times New Roman'
Explan notes are In highlighted, italicized Mel'
This first amendment is to darlfy the term, 'Business License Officer' and its variations
and uses in Article VI.
1. 6118. LICENSE OFFICER
Whenever the name or tergl "Business License
Officer"
•)ii„
I) •/ii
1• j
1 1 :111
11 1 ^41I
r.._. 11. ••■r,. 111 _•_1 11 to './i 0
_r.,l /11:« •1
1 i._
lid •,ii,.. 1
4 ,1i11, -11 ,-ir1 ;1).1,111 -111
CitycgLA=
of the
Amendments 2 7 establish the Planning Commission as the Business Permit and
License Review Board
2. 6150. CREATION AND DUTIES.
The Business Permit and License Review Board (hereinafter referred to as
Board is hereby created to hear appeals of
business license denials and revocations,
bgdggigligagn pursuant to this Article and take such action as is authorized herein.
3. 6151. MEMBERSHIP.
The Board shall be
hielhsr- designee.
✓1 1
1
._1011 0,1 9 I1,.
1 11/1' .0.01 11_.1,1)1 .11 1..1 01 1
)11 00 bit.
1 11 •1111t'
.01111111
.•711111
1
x `[11
Attu 11
1 1 I I'1.
,•7/1011 .11,0, 1 11.,. 1/ l 11 .,1
.1 •1
11 1
1.,•,. 111 11; -'11 0.^0
The Chairperson of the Board shall be the
Ogggagoguflimagggingagggitigi or his/her designee. The Development Services
Director or his/her designee shall serve as the Secretary to the Board.
4. 6152. MEETINGS.
The Board shall meet at such times g dates, and in such places, as shall be
designated by the Chairperson of the Board, or his/her designee provided. however. gat
11
11
0$ 11 1 11110, 1 1: 1 4 4 •1 1 1 Y. •N.' •ill*;! I
Sectiml 62.16.& as anon thereafter as, role. The Chairperson of the bealAklid. or
Ord. No. 2263
Additions, amendments deletions
Attachment 'C' page 1 of 41
Additions are bhie. Bauble- iRlikdi d. 'Tnnea Near Bean'
Amendments where wording has been moved are green, ggulalftgagadinfid, or eWikNhr+sugh, 'Aril'
Deletions are
Unchanged language is shown In black, 'Times New Roman'
Explanatory notes are in highlighted, itaMdzed `Anal'
his/her designee, shall give written notice of each such meeting called to the other
members of the Board not less than twenty -four (24) hours before the time specified for
the proposed meeting, unless an emergency requires shorter notice as permitted by the
Ralph M. Brown Act of the State of California or its successor statute. Attendance of
members at such meeting shall be deemed to constitute waiver of the requirement of
written notice for such members., The Board may only act when a maiority of itg
ammixtunzasola
5. 6453,—STANDARDS.
6.
7.
Amendments 8, 9 10 update the information required for a business license
application.
8. 6211.1. APPLICATION CONTENTS.
Every person for whom a license is required by this Chapter shall make
application therefet in writing to the License Officer setting forth the
information specified in the following subsections, No nation shall file or camas to bq
Ord. No. 2283
Additions, amendments deletions
Attachment 'C' page 2 of 41
Additions are Iggiulaiblamdadigi
Amendments where wording has been moved are green, mderlinog, or s 1ks- ihraeth, 'Arias'
Deletions are
Unchanged language is shown in black, 'Times New Roman'
Explanatory notes are in meted, Italicised Arial'
9.
4 t• 1, 1.14
_1• •'1 (U 1,11 6)1 .111 U`
If 11 ._'ll :1 -+/1 .f1 1 1 (Ij I1'• 10
do may be aubiect to penalty ofiurv.
it I .I$ 11 1 1 •11
I1; sj`_ /1 0 1.• il..•..•D s,•l.•• •••.1 1/ :a lit ,1. 11 1 •1 •1 411 11.,. ,i
I•el„. ^•1 i1 •1l l' 1 f 11 1 Ili. 1 'ir. 1.1 ..'It III yf
1— 111„4:1 41
1 '11 l:'1 0 1f 1
•.1
11 .le
•1l -l'/ 1,,1
'1,. 01 -t 1-i•
,fit 1 11
1« ♦I1 1 t•
1 110
1J if It.. r 4111 "./II.•
•11
f.. 11(•+I
1 I1 •llt t 11 ',4111 11
•.14 1 111 41 1� 1 1 1 1 1—
111,1, -.I1
10. 611.2.3_ SAME. CITATIONS 1 CONVICTIONS RRC'EIVIED
l 4..) 1 I1 41i.i t•
1 1I11,—
1111 -;NI•,
l !1 1.11•
!1•, 1.4 tI •J 11
.1 11, •f .:11- ll$11 1- 41 .i 1. If 111( -,41 :u.1 •il- -•11
It,- 1 1 is
1.Ie Ill,•if I j•1. I• 11 11 •1I •)1 I is 11 I110, 10
1
.:1'1
4,0-LA •1
1,• fir •i r +)I Al•jl 1)1.: II,- 11! ,:Ill
••.11' MI 11•
•!t II t`. 11 1 1 11,• gip,- Al •il-[Yi•1 NI •,U•
I
(.1
•;1a.1 1' 11 '."'1 `.1-'l^ le: 11 "Jars 1,' 1 111; it °.l: 1 t1
l.•J1 11•
Il 11 i 1 11 1
1 11 11111i. r,11. 1 )1- -1 1 0 1 11"
Ord. No. 2263
Additions, amendments deletions
Attachment 'C' page 3 of 41
Additions are jagg
Amendments where wording has been moved are green, gablftai_d.Ihed_ or sWks4hrougl*, 'Ariad'
Deletions are I
Unchanged language is shown In black, 'Times New Roman'
Explanatory notes are in highlighted, Italicized 'Mal'
This amendment makes this appeal process consistent with the other business license
appeal processes.
11. 6211.15. SAME. SAME. APPEAL.
Such person may, within ten (10) days after the nu fling or serving of such notice,
make application in writing to the License Officer for a hearing on the amount of the
license tax. If such application is not made within the time prescribed, the assessment
shall become final If such application is made within the time prescribed, the License
Officer shall cause the matter to be set for hearing before the Counallang. The
Cemalifigani shall consider all evidence produced, and the amount of the license tax so
determined by the Cetatellaugg shall be the amount due and payable for such license.
M 1: :,•;111• 1,. ;y 1)1 •l •I•,
1• It 1� 11 1 1.. /I.- !.1111 1 •11 1 )1
Amendments 12, 13 14 update procedures for the issuance of business licenses.
12. 6212. LICENSE CERTIFICATE.
Ulna
payment of the required foe, and upon compliance with all of the provisions of this
Article, the License Officer shall prepare and issue a license certificate to every person
liable to pay a license fee h ereunder with anv reesonab1ee oo om sttae�d tai the
1g- I (Ii 11.1
I .f,
(1111
H I.•
e 1 11 1)1
I• /1111.
IL*, .Ii�l
ran tielli b set h in th Arti le- The Iioerree Ofebr shall state in such license
certificate the date of its issuance, the amount of such fee, the period of time covered by
such license certificate, the name of the person to whom jL„jLissued, the business,
profession, trade, commercial enterprise or occupation thereby licensed, and the location
or place of business where the same is to be carried on. If such license is sweated. the
w /ii:•;. 11 11110,0 NI
•,Ii1 A,•■•■ �1l *14,• '1. !I'.• I11i40 .11x•11 II•,•), 1 1■
11 1)1 1 1 e r.1111. II N 11.•1 1, Liu. *1 '1 I1 11,• ,•1,1 ni:s, t11 k
11 •i 1
r of/ •9 .o�• —/1 Y• 1 ;1 1 -.h 11,- •i 1.7 1 1, IV IL i. IU.RC-
or welfare of the City or the inhabitants thereof,
13. 6212.3. SAME. FREE LICENSE.
All applications for fire licenses shall in the first instance be determined by the
License Officer who shall approve or reject the same. If he jjg�pQ finds that
said application shall be approved, hetet shall issue to said applicant a free license. If
beftj finds that said application should be disapproved, belibLiagan
gam shall reject the application and the applicant shall have the right tejappeal ta-tho
Ord. No. 2263
Additions, amendments deletions
Attachment 'C' page 4 of 41
Additions are Niajlogiumjanslabizeiffabaw
Amendments where wording has been moved are green, double- undertInad, or stFliwilareugh,
Deletions are
Unchanged language la shown in black, 'Times New Roman'
Explanatory notes are In highlighted, Italicized Attar
14. 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 's 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
enterprise or occupation for which a permit #rem the nell -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.
This amendment updates the process for issuing refunds in cases other than erroneous
collection n or payment of fees. Requests for refunds am rare, but this process is
consistent with current practice.
15. 6214.5.2. SAME. COUNCIL ACTION.
No other refund of any license fee collected by the City under this Chapter shall
be made, except that in the case of written claims for refunds the GeoneilLigagaglagg
shall have the discretionary power to refund not to exceed seventy -five percent (75 of
the unused portion of any fee paid when the total amount of the unused portion exceeds
Twenty -five Dollars ($25.00). Said discretionary power shall only be exercised in the
interest of justice and to prevent extreme hardship.
Amendments 16 21 update the provisions for license denials, suspensions,
revocations, appeals thereof, and reinstatements.
16. 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 applicant's 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 convenience of the
public such as (a) operation of a business prohibited by local, federal 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. $1144.7.
17. 6216.7. SUSPRNSION OR REVOCATION.
The cif License Officer may gusofird or revoke any business license when -the
Ord. No. 2263
Additions, amendments deletions
Attachment 'C' page 5 of 41
Additions are jaggjigsblimalgthsggaigannartEgazo:
Amendments where wording has been moved are green, double underline, or strilvklwatig14,
Deletions are
Unchanged language is shown in black, `Times New Roman'
Explanatory notes are In highlighted, Italicized 'Arial'
(1) The hairier of firer lirrnai nr }+iv. nr hr-c ov minvnR swirl. twiner.
4 11 .:.)11tH to ,.ji
130 II 411
•l■l)',41u 11 .4 ;11 t. 11
-1• .'1( I to tl-1! 1 1 /14 4Y'I• 4 )4 (4) 11. i •3.
4) (.4$)(4 1-,411 l_,♦
1
1 ,1.- y 14, y. 4':.1.84181)-41 r4 1 411
4,l),;:liu1 HI( I) :11 1 4 -1 h i I-II 11111,.311( 41 •�S
I •.1)44 -,y1 Ill II 11 4, Ij -kl:14 •1
101 a _-'hint the ui Gity emrrmv I and fleznita nr
(31 The holder of the license 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 business
ileesser;Q
•'I 4 .41 111,/ I .,31
business. been aunty of fraud. misrepresentation or conduct detrimental to the nubliq
welfare which includes oneratbns or activities that do not comport with the peace,
ham. safety and convenience of the public such as (al ooennion of a businau
1.11
I!
l
0 11) :,114■111■-t t, 1: h.,3L.
11 c
1 It• 11 .1 1* i•
Jmnwdiately off the premises where such patrons disturb the peace. obstruct tram
damaae property. masse In criminal conduct. violate the taw and otherwise Imoair the
free eniovment of Iife and property.
18. 6216.8. NOTICE -OF APPS
The actions taken pursuant to Section 6216.6 and 6216.7 require at least ten (10)
days'- written notice to the applicant. Within five ga mg) days of feeelpt -ef dilate =f
gm notice of denialagmkg or revocation, the applicant may file an appeal to the
Business Permit and license Review Board.
Upon the filing of an appeal, and days
the date of such appeal, them as soon thereafter as n saihla. hearing shall be
conducted by the
13ee1d_ env Beard member_ �erho
:11 1 :II;,• 1 1.311 -;.1 I if 41 1, 11- 4 1- Ii 301
k- 14 44.
-li
1111;:111 11,4 134 4) 1 1;al31 n 34 13)• 1•' 1 4) 4, 114 4!I.: I 14 I +4... 1. 13,
4 ,4,.4441 34334 4)I 4) 11k-11 II 4)1
d4'.4) to 111- 1 '4 1' r1I+\ t 44
1 4 -1 '11,4 (t 11 ,414.;1 0 4)• 4' 11. 4)4,
.'1. 4 34 .114;41) 11•,l4 41 r�I�
434,31 11
1
143- 1,- kill
11)I3 4,4. 4 41 3- .3134, •1 1
4144 14 1)3 .341 -30. -3. 4.. 0,,1 4,.)3)
In. it
/4 it 1,- 3431
1 1 1
1
11 4 it-
11)4111 401,•113113'•: 11 it .33 4 1.141'1 4
••1/1 y1.4; 4 11.4,1 I
"11.4 44 1, 1 7131 1 1... s, 4:. 1•4 4
1,41 4,- 4,4) to.o el I4
1
1 11 4-. 114- It- 114 414 14,4,4
:,1.11 1 331/ 4 ±11.1- 11 .•1\ 1 \L• [no
1\ 1 ...tell 11. 111 r4 4)1 1• 1,
Ord. No. 2263
Additions, amendments deletions
Attachment 'C' page 8 of 41
Additions are
Amendments where wording has been moved are green, ggattl, kd, or eWFike- iaroughAri, 'as'
Deletions are strike-threughs-WMag
Unchanged language is shown In black, 'Times New Roman'
Explanatory notes are in highlighted, Italicized Arial'
*14:110 a ,-11 (41 .411 4 4 01 I 4-41Il .11 -'1,
4) .J •1
4(4 14 e!'.1( 1 41 '•f
1 4 4,- I.'...rl -0 44)4 :14 1 1. 14. I
I■• e111.
e• 4 4•nlfe 41 1,4... 441 i111'.I
ift OA. •i 1 ,•1111,
At the conclusion of the hearing, but no later than ten (10) days thereafter, the
Board by a maioritv vote of the members present at the again,
*Al,. 41
,•-1 1 4 1-.e --I.0 -,1 (_1 C:.
4) 1,- 111■:IC 1 4_.)111 1 1 -1 14,11 1
•11 4 'It 4 '0) r'• 11 .4 610 0)4 .1 ,44
1.4 1 111
4 111,- 11
1� `e. e4
1'. 4 1 -:1 1(4;41
14,1 /11•
/1 II •111 "1 4) 1 4)44. 4;.11. 11 :.1..,41 1 1..•. +:.•)1
11.- e, •,I 41,` 1 -111 4(4 .e. -111 ,4,1.11 y
I.- •1 1 1
011
.41`1
I 1, 1)1 4) 1 405 ll 11 '4-
de' :;I:.i (1 41
4 1 -11°' el- 44 I 1
11$ 41 .4( k
•e eAlelkj
I 11 1 :11(:1( 111 •r:
11 14: :A.. 11
:44111. -.1
:I,4 e) 411
411(1 44 II( 11
4,4 4 ,A.111.1111 4
•'1 1 k 1
4, 0 4 1 U 4 1 1 4 .1 1'.11 1 0 M:•") I 4 4111 j I J. 4 1,- 1 411 •1,- ',11 I 1)1
1141 11(. 1414_.
i'.
4,4 1
1„ 11.-
1114 11 110 I,.4) .1 4)1 4
19. 6216-9_ APPFAL TO mE CITY COIUNCIL
i l l 10 _y 144 .t i. r :4 4)
11 le a 11
1 11 1 11(11 4-
1 (4) •1,
41.- 414, 4 44.- w 4 ,44
14
11 l O.t 4 1 4 1 11
4 4)
4;11.- •1 •114.. 4 4°' r 1 1. 1 1 11
4 y '.414
1
4 11. I •11 1 4 41.-
.1141 /1,- 11111 -,/1 -4 1 1 4. 11
City Councail the final decision_and all findings for placement on the agenda at the first
regularly scheduled Council meeting subsequent to the
filing of the anneal_ or as soars thecles 3er as no le. The
City Council shall consider the findings and recommendations of the Board and may
adopt them in total, bpld a de novo bearing_ 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 and then resubmit additional amended or modified
findings to the CijvCouncil. Theme Council may revoke, amendT modifyjbe
liggpis or impose such other or further uggiggiaLterms, conditions or restrictions on the
terms, conditions or restrictions theretofore placed lam said pamitligeggg as they
Council finds reasonable or necessary to ensure that the business enterprise, occupation
or activity will yQLbe 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 taw- vieintty s vicinity. The City Council may also prevent the
1,4 4
-14 ..4 4;-11 14 4 )11 '4)4 J 1 (1)
Ord. No. 2263
Additions, amendments deletions
Attachment 'C' page 7 of 41
Additions are bhne. do!nble- underlined. 'Times New Rnn+.n'
Amendments where wording has been moved are green, doub e- undesllpgg, or etrthe th +gh, 'Anal'
Deletions are
Unchanged language Is shown in black, 'Times New Roman'
Explanatory notes are in highlighted, Italicized 'Mai'
4) 1 4) 41 -±t 11 .!1.0,41 1
4144 4,- 4 1, 4 4
,4)111;41 1
rnndrJ+t_ The '�+on o the .itv moil �i+stl he 1_
20. 6216.10. APPEAT.rS Fara
1114,-'1 4 14:- 1 -11 4 4) :1 1-11 41 4, ,4444 Ir
i 4 :h W 1 1 1 1:. 4 11 ,4 4
1- 1.: 441. -411 1114 l -..1r 1 1
I/:•1 111.4)1 14 4•y
444,.} 1
.I L1 :1,11,
4 i 4._ 4 1-. 11 1 1',
11 :14,4, -j 4 34)- t- 11•,4•.11 1)1
21. 6216.11. RRINSTATRMENT
-4 4 141.. P.. 14 14 411 15,. 44 11,
414 e1 11
4111 11 .14E11
I I1 4-114 :111
4-:1 4,4)4 5 114411 :1 Ill' .t 1 4
4 44 ,(r 514 1 1, .114.44 4
os
,4 4 55,- 1 14 11 14-44
4 II 1,-4',
11 4. 4) 1 4 -.11 l -i 1 1 1 411 1. Ir'.1 -111;1 41 4) 11141.. •1 1.. ,i 4 111
114. I 1 1) 4 1 -f1 11 4 •0. 1111, 4 1- _444,4) 4)11 1411)I1141 11
41 41. 1. 4) 51 1 U Il I 4 54•' I '.4 1 11 I 4,- 4 1 45 44 4
1 3 I.
4 -IC,411 le) 41.- :111,- 4/.5 4"1 11
411 11(.. ',4 11 -•4- 5'- 1111 411,... 4.41( -11 -I IA 5,-
4-t4+ 4..'J •:41)1 11451 .,1 4) 1
:1544 4 .454 515 51 1( 4.'54 5 14 11 41 15
4-
l. Ili •„.-41,4,4 1 4 ,_4! .11;4141.1) 1 1: 4)
:1345
..111 111, -1
1 4. 4 -I41 4(' I5 -4411 4
,4,4 14) .':f4 :14.81. 4 1 .l, '1 '.nr,
•1. -1 1. 1 1 1.4 {4)11 4 4-4 4,) •4 -41 4 48114 4 -1 5/4 1v.14 141 411-
It either the final determinoicm of the City Coves, the Board. or the
A 1111 11 .14 .:1•,
1. '4 11 5111* 4.4�-', 4 1 11'. 41(114 .';411 54,:) 1 4 1, -4;
h l t)« 1 1- 1,11 151., 45 11- 1
1• 411
4, 11 11 51. 4 4
:111,11 141 1411
-11
1 4, t .4111 14.4 51 L.1 .41 5, 111 4_ 1545
144 4 I1;.
1
4, -,1 3 -4 4_1I 4) 1)J 11
1 14 •{..I( 4! 144,-4
4`. 4;11141545 11 ■14, 4,., 11 11 4 '4.4 l+) .414 11 1.1151 4) 41'4 ,'44 51 I. •71\ 4 1
4 1; 1 -�1- ,445 151 111 '!111)- 11 '111' 414 II 1114.-111111 •,4 Y .1, 11 4,1
4.4 4.!3■4 5] 15,-
I '4, n.4 -:4 1 -'8) ,1 1.. v,4)n 411. 110..4 4 i 14) i t;..
4)11 1 4.,.. 4'4 11
14 4-',
.11
0114
51-. 4.. 4,. 4 11,4 .44;. i -.I 1t..
11) 14
1 11,.1411 11.-:4 11 II 4 4 4 11'-
10 1 11.. -1 1 4 14111 441
11111,•,. •,-I ►1 4 5) e1 11141 4 1). 4, 111111 .1
1 1
4. '41
4,
1 1 1111,.•41, -414 11.. 4, 4, 1 ,-11 0 )01 ,4 °4 .4 4 1 1 1 11'. 114.
11- 4 )1 113)11 1 5(10. 4 1 11. :,11 44 4j 41111 111 454.
1 4
Amendments 22 39 update the provisions for business pemit applications, issuance,
denial, conditions, suspensions and revocations, appeals thereof, and reinstatements.
22. 6311. APPLICATION.
Unless otherwise specifically provided elsewhere in this Code, the application for
any permit required by any provision of this Code shall be made to the
Ord. No. 2263
Additions, amendments deletions
Attachment 'C' page 8 of 41
Additions are kimikubbidajaned,Malial
Amendments where wording has been moved are green, figutguaggthgga, or atrlke- tread, 'Arial'
Deletions are
Unchanged language Is shown in black, Times New Roman'
Explanatory notes are in highlighted, italicized Arial'
ii eipea6- License Officer, shall be signed and verified by the applicant and shall set forth
the information specified in Sections 6311.1 through 6311.7.4. No nesann shall file or
•)I f•I •;•,1 r;l 1 1
•1
1 r.-'ll
=lag penalty of neriurv. This Section does not apply to adult businesses; the regulation
and permitting of adult businesses and the licensing of the trades, professions, callings,
and occupations thereof involved are separately enacted and provided for in Sections
9278 and 6700 et seq. of this Code.
23. 6311.8. INVESTIGATION.
The ClerkLicense Officer shall, without unnecessary delay, refer any such
application for a permit to the Chief of Police for investigation of any facts which in his
opinion warrant investigation. In the event the Chief of Police, in the course of
investigation, determines that fingerprints and thumbprints of the applicant would aid in
such investigation, the applicant shall be notified and shall comply promptly with such
request. The Chief of Police shall report any criminal connections of the applicant, an
officer, principal stockholder, or any person having a substantial interest in or
management responsibility for any organization connected with applicant. The
Cawnala may, at any time after notice of the filing of any such application,
refer the same to the Chief of Police, Planning Commission, City Engineering
Department or to any other department or agency for investigation and report to the
Counal upon any portion or portions of said application.
24. 6312.1.
Upon the receipt of an application in the foam prescribed in Division 1 of this Part
for any business for which a permit #e ewilefl required by any provision of this
Code,
25. 6312.1.1. PF.AMIT
:�11 r, •j III) -•i• 1)1.1 1
1.1 1
ii
may refuse to Issue a permit under this Article if it is determined that the applicant or
Ord. No. 2283
Additions, amendments deletions
Attachment 'C' page 9 of 41
Additions are bMt_ dole imderliee `Times New Rnm�n'
Amendments where wording has been moved are green, luble•underlined, or stake through, 'mar
Deletions are
Unchanged language Is shown in black, 'Times New Roman'
Explanatory notes are in highlighted, Italicized 'Arial'
applieal is agents have, in the conduct of the same or any similar business,
been guilty of fraud, misrepresentation eft conduct debimental to the public weffare
which includes operations efo activities that do not comport with the peace, health,
safety and convenience of the public such as (4) operation of a business prohibited by
local, federal 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.
26.
27.
28. 6312.2.1. SAMii. ISSUANCE OF PERMIT, CONDMONS.
If such permit is granted, the Camettlaggaliaga may impose such terms,
conditions, restrictions and limitations upon the operation and conduct of such
isineespeimit activj, not in conflict with any paramount law, as it may deem
necessary or expedient to protect the public peace, health, safety, morals or welfare of the
City or the inhabitants thereof.
29. 6312.3. ISSUANCE.
shall not deliver any
permit to a permittee for any business, profession, trade, business enterprise or
occupation for which a license is required by Chapter 2 of this Article until all sums due
to the City thereunder have been paid.
Ord. No. 2283
Additions, amendments deletions
Attachment 'C' page 10 of 41
Additions are
Amendments where wording has been moved are green, duhla_undanad, or ebille-threirell, 'Arid'
Deletions are
Unchanged language is shown in black, 'Times New Roman'
Explanatory notes are in highlighted, #cliched Aries'
30. 6312.3.1. PERMIT ,CONTENTS.
The 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 which such permit is issued.
31. 6313.1.1. REQUIREMENTS WAIVED.
The Canasitlagg 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 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.
32. 6313.1.3. NONPROFIT ORGANIZATIONS.
Upon written request
fl the License Officer er may waive any or all of the requirements of this Part 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 indirectly by any
individual firm or corporation.
33. 44134414411,12 EXISTING PERMITS.
All permits heretofore issued by the City under this Chapter or any other
regulatory City ordinance shall remain in full force and effect until the expiration date
therein specified. If no expiration date is therein specified, such permit shall expire on
December 31 of the year during which it was issued. All businesses for which a permit is
required by the terms of this Chapter, which are in actual operation upon the date this
Chapter becomes applicable thereto, shall have to and including the 2nd day of January
of the following year within which time to make application for the permit required for
such business, and may continue to operate thereafter until final action is taken by the
ai on such application. Any business for which a permit is required
under this Chapter commencing after the provisions of this Chapter or any similar
regulatory City ordinance becomes applicable thereto shall not commence operation until
a valid and proper permit shall have been issued by the Coundlicense Officer for such
business.
34. 6314. GROUNDS.
The CReillacenae Officer 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 COVIVIA 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
Ord. No. 2263
Additions, amendments deletions
Attachment 'C' page 11 of 41
Additions are blue. ale- dined. Times New Roman'
Amendments where wording has been moved are green, gagijQ or fih, 'Mal'
Deletions are
Unchanged language is shown In black, 'Tines New Roman'
Explanatory notes are In highlighted, italicized 'Adel'
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 Cetiffaillas Ot'lfc er may revoke if it is determined that the applicant or
appileaar s 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 convenience of the public such as (a) operation of a business prohibited by local,
federal 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
ProPey
35. 6314.1. STATUTE VIOLATION.
The Cevrielakausafthat may revoke or suspend any permit issued by it under
the provisions of this Chapter where the proprietor or person in charge thereof violates or
permits any infraction of any law of the State, or any provision of this Code, or any
condition of the permit.
36. 6314.2. MISDEMEANOR.
The Counellj jcense Officer may, without necessity of any public hearing,
suspend or revoke any permit issued under the terms of this Chapter if the permittee shall
have been adjudged guilty of a misdemeanor under this Article.
37. 63143. APPEAL AND FINAL DITVCRMINA ON.
r.
1111 1111 1-1 Si 11 1 III 1
«111,
il 1.,.11 1
;1 I 1i :�J. I'-II too it ,VIII 111 1 4 111 4 0) 1 ln.
1 111 1 1:- a
1= 1 111 11 1 -11 11 1)1 1 11 11 1•.t1! 11.
is ,1's 1(- 41I11
:.1. 411 IOU
.11. A. 1 11
1,
i Ili 1 1 1 -Ilr 11 ,1;1■11
t 6216.10_ induslve. of this Code.
38. 6314.4. TEMPORARY.
For any reasons specified in the preceding sections of this Division, the Chief of
Police may by written order temporarily suspend any permit issued under the provisions
of this Chapter by posting a copy of such order of suspension at any conspicuous portion
of the premises for which such permit was issued. Such suspension shall remain in full
force and effect until the
Larmangsga may thereupon rescind, modify or continue such suspension or may
Ord. No. 2283
Additions, amendments deletions
Attachment 'C' page 12 of 41
Additions are kba.sleebit.
Amendments where wording has been moved are green, ggulagzgadollnal, or shills- through, 'Arial
Deletions are
Unchanged language ge is shown In black, 'Tbmer New Roman'
Explanatory notes are in hied, italicized Arial'
revoke such permit or affix new or different terms to the continuation of such permit. The
Council.
39. 6314.5. F.INSJ>4'F .MF.NT OF PERMIT,
1 41 j 0
1. ^1111 :l 41,
fie ,1 1..11
4111 1 ",I( 14
4 4 -144 •18 1,.41111 ,•)I 1 84 4 .t 411 1 1 1 I,y 4 4- 1144 1
II 4 /4 L. 1.• ;4'.. 4 8
611 4 1 11 4 1 -.h i -4 :811.,4 11 4
o
•.•j 4.. 1.411 11 41 11114 1.:, 48 1 8 11.11 4j 8., 14 14- 4) 48
—4N,
11 1114 L. 1•!84 •;'1411.. 14 4) 4 II 4 4 )11 1 (4.
11 .if, ft; 18
0) .0.4) 4 l 411 1 AI. y if :If 41
4 :4 0 1 8•' 4 1.- 4j ..4 4)1 414 1 41
.)1
4-.. 41:, 4)
I1 4 1
t {L
444 1 1 4:4,4.414.411.4 4' 44; 1 1:- .111
n- if- -1_,1 •)1 -'44 '.Y4 1
1,. 4; -111 1,1 .4111 6. i 4. .1', 1,.•111
4,• 1 1:1 ,1' 114
444 1 xl;ll'I ',y I1 4_ il-'U, 4
1
41 r. 4 0 -l' -4414 41/1
4 Bit 4.f 4i. 1 {_;4 4 4.4 4 -,4 4, -.1111 Al .1 44 ill'•, 1 4 1 1 11
4 8.. 44 1 1 4' -1. -'111 1 4 CO 111
,4, 81 4)
4) 81-
4111 It 11 I.
1 '4. 8, '4, -,1 4114 •,...114 4111)11 ..11 41)1 4 i 4 1 1'.
-111.4 it
1. /t ,1...1 1 1-11 1 -I 8,.444 411
.44 4. 141 1 4111 8.' 1 -'1111 1/ 1;01 4;- -•1 44.,4 •1 411
1 4 1 11, 0
1 1 8. 8 44,.
4 4 1,_.1114. 4) 8 4) 41.•
'4 1 1,:1481 1 1 l 0,0111
414)1 844 44
11.0'.1 11 44 '44 r:
41 .all..
4, 11 4)1 11 48, h 1
1; 14. 4,.;(: :4)I 16) 18■• 1 14.. x 411. 8)/ 14.- .1111
4/8 -'4 8, 01 1.- v4 (a
f1'-
14, •,.■441 4• 4,411. 141 41 1•) 41■ ''111 11 .111 4 1
f of 16 0 11 4 4
1'. 1_..4 4,• .,,1 \1.4 14 r -.l •)ti x.' 1 41 41-
1 „4.. 1 41 14, 4 -,4148
411! 814.1
x 1 1 4 ,1 114,
,4, 41
4)44 11 :'It +1 ;1 't- 1.- 1-41111 41. .,11
1 0 )el x 4 -)e1 .11 41. i 4... 4,.44ll
.•14 rl,_, ;4 4(4,44 414 4,
AewYi. a[ �in:.wnfive aar T.Ae.
Ord. No. 2283
Additions, amendments deletions
Attachment 'C' page 13 of 41
Additions are blgr dg L `Tigns New► mg:
Amendments where wording has been moved are green, double underlined, or strip, 'ANaF
Deletions are
Unchanged language Is shown In black, 'Times New Roman'
Explanatory notes are M highlighted, italicized 'Arial'
This amendment is to clarify that the permits required by Part 2 of Chapter 3 of Article
VI are to be obtained from the Business License Officer as stated in Part 1 of Chapter 3
of Article VI; see amendments 22, 23 24.
40. 6321. PERMIT REQUIRED.
In addition to any other business, profession, trade or occupation for which a
permit from-the-CGOFIGilis required by some other provision of this Code, no person shall
engage in any business, and no license shall be issued for any business mentioned in the
following Divisions of this Part until a permit has first been obtained from- the Council
upon application in writing theFeferth pursuant to the provisions of Part 1 of this
Chapter.
Amendments 41- 88 update the permit procedures end requirements for various types
of business activltles. The type of business activity related to each of these
amendments is identified in parentheses after the Section title.
41. 6412.1. ADDITIONAL REGULATIONS. (Dances Dance Halt)
The CeialeilLagme Officer may from time to time, by
permit conditions wally or individually, prescribe rules governing dance halls,
dancing clubs or public dances maintained, conducted or operated within the City, and
pursuant to Division 4 of Part 1 of Chapter 3 of this Article may revoke or suspend
permits issued for same where the proprietor or person in charge thereof violates or
permits any infraction of any rules or any law of the State or of the City.
42. 6412.2. PERMIT FACTORS. (Dances Dance Hells)
Before granting a permit to conduct a dance hall, dancing club or public dance,
the C9014011Liangalaggt shall fast satisfy ItseNbingelf or herself that the conduct of
such dance hall, dancing club or public dance will comport with the public welfare and,
for this purpose, may consider any facts or evidence bearing on the place where the
proposed dance hall, dancing club or public dance is to be located, the character,
reputation and moral fitness of those who will be in charge of it, and any other facts or
evidence tending to enlighten the CedneBjdcense Officer in this respect. The
Ceunelli OfficaE may establish any conditions to the issuance of a permit,
including the prohibition of alcoholic beverages, which are deemed reasonably necessary
to protect the public health, welfare and safety.
43. 6412.3. MINORS. (Dances Dance Halls)
No minor person under the age of eighteen (18) years shall enter, be or dance in
any public dance hall or chib dance after 1:00 a.m., or where alcoholic beverages are
being served, unless accompanied by parent or guardian; provided, however, that nothing
herein shall be construed to prevent a minor person under the age of eighteen (18) years
Ord. No. 2283
Additions, amendments deletions
Attachment 'C' page 14 of 41
Additions are bigl
Amendments wheys wording has been moved are green, his underlined, or slaike-41wemeh, 'Arial'
Deletions are cadrati4ke4voughs-in4War
Unchanged language is shown in black, 'Times New Roman'
Explanatory notes are In highlighted, laeckaed Arias'
from being in a bona fide cafe, restaurant or other place where meals are regularly served
and where a public dance is being held after 1:00 a.m., in the event such minor person
does not participate in the dancing therein; provided further, that nothing in this Section
shall be so construed as to apply to children under the age of five (5) years. The
Commiltjapgagg.nfigaz may provide permit conditions relating to adequate supervision,
chaperons or securit officers at any public dance hall or club dance where minors are to
be in attendance.
44. 6412.10. SAME. REVOCATION BY COUNCILLICEMagaiza. (Dances
Dance Halt)
Any permit issued under the preceding Section may be revoked at any time by the
Lm_;, a ft, pursuant to Division 4 of Part 1 of Chapter 3 of this Article, if
the Ceonsiakerbie Officer becomes satisfied that the conduct of such dance does not or
will not comport with the public welfare for any reason or that the same will be
conducted in an illegal, improper or disorderly manner.
45. 6415.1. PERMIT FACTORS. (Promotional Entertainment Events)
Before granting a permit to conduct a promotional entertainment event in a
parking lot area, the License Review-11984am shall evaluate
the prevailing parking situation of the business involved and of the general area and
satisfy itself that the conduct of the event will not be detrimental to public safety and
welfare. The Bearslji may establish any conditions to the issuance of a
permit, in addition to the conditions set forth below, which are deemed reasonably
necessary to protect the public.
46. 6415.6. SIGNS. (Promotional Entertainment Events)
Temporary window signs shall comply with Code requirements. Any additional
signs shall be permitted only during the conduct of the event and shall be approved as to
size and placement by the License Review-BeardWaggE at the time
of application approval.
47. 6416.1. PERMIT AND COMPLIANCE WITH CONDITIONS REQUIRED.
(a) No person shall conduct, engage in, carry on, participate in, or practice
fortunetelling or cause the same to be done for pay without having first obtained a permit
from the Boat`sgag Officer and without having posted and maintained in full force
and effect a surety bond as required in Arcadia Municipal Code Section 6616.5(c)(2).
(b) No person shall violate any of the terms and conditions of a permit issued
pursuant to this Article, nor any of the regulations and provisions within this Article.
Each day such a violation or violations occur shall constitute a separate offense.
Ord. No. 2263
Additions, amendments deletions
Attachment 'C' page 15 of 41
Additions are IguLdggliktupdatilintailillabgalMalg. dombla-� iklang, or �h,
Amendments where wording has been moved are green,
Deletions are sear strika-thfeael484-
Unchanged language is shown In black, `Times Now Ronan'
Explanatory notes are In highlighted, italicized 'Ariel'
48. 6416.2. PERMIT APPLICATION. (Fo tuneteliing)
Every natural person who, for pay, actively conducts, engages in, carries on, or
practices fortunetelling shall file a separate verified application for a permit with the
BeamiLigpagatags. The application shall con
(a) The name, home and business address, and home and business phone number
of the applicant.
(b) The record of conviction for violations of the law, excluding minor traffic
violations.
(c) The fingerprints of the applicant on a form provided by the Arcadia Police
Department.
(d) The address, city and state, and the approximate dates where and when the
applicant practices a similar business, either alone or in conjunction with others.
49. 6416.3. INVESTIGATION. (Fortunetelling)
Upon the filing of the application, it shall be referred by the BeagrUgmagrIM
to the Police Department for investigation, report and recommendation. The investigation
shall be conducted to verify the facts contained in the application and any supporting
data. The investigation shall be completed and a report and recommendation made in
writing to the fieaRtLicense Officqg within fourteen (14) days after the filing of the
application, unless the applicant requests or consents to an extension of the time period. If
the report recommends denial of the permit to the applicant, the grounds for the
recommended denial shall be set forth. At the time of the filing of the report and
recommendation with the Beamil a copy thereof shall be served personally
or by certified mail by the 8eaFdLicense Qfficer on the appli
applioatien and-repor
50. 6416.4. ECISION BY THE BOARD-i IMIS OPFIaj
(Fortrmetelling)
(a) The Beangagagagaliff shall consider the application and the report and
recommendation or before the
seventh (7th) day after the filing of the report and recommendation referred to in Arcadia
Municipal Code Section 6416.3.
(b)
(e) The decision of the Beamilagense Officer to grant or deny the permit shall be
in writing, and if adverse to the applicant, shall contain
thaliminamigionawaragazda
Ord. No. 2263
Additions, amendments deletions
Attachment 'C' page 16 of 41
Additions are jaggalgabladukaggiaungatirmilagase
Amendments where wording has been moved are green, gagalingsagid, or asik hrough. 'Mar
Deletions are
Unchanged language is shown in black, 'Times New Roman'
Explanatory notes are In highlighted, italicized 'Mal'
51. 6416.5. ISSUANCE OF PERMIT. (FortunateMing)
and-thle,Artieler
set- fefi*alaeve.
a-If Business License Officer shall
leaissue the permit when:
(1) The similes has complied with all of the nttvisions of this Articlq,
is The fee required by Arcadia Municipal Code Section 6220.27 has been paid.
(41) The applicant has posted with the City Clerk, surety bond in the principal
sum amount of ten thousand dollars ($10,000.00) executed as surety by a good and
sufficient corporate surety authorized to do a surety business in the State of California
and as a principal by the applicant. The form of the bond shall have been approved by the
City Attorney and shall have been given to insure good faith and fair dealing on the part
of the applicant and as a guarantee of indemnity for any and all loss, damage, theft or
other unfair dealings suffered by any patron of the applicant within the City during the
term of the permit.
(4) -The term of th. au permit a bs -te f�liiQ� OL this
one (1) year subject to renew
52. 6416.6. PERMIT REVOCATION. (Fortun tellhng)
Upon the discovery of any false or misleading statement in the application or any
misrepresentation by the applicant in procuring the permit or upon the termination of the
bond required hereunder or upon the applicant's violation of any provision of this Article,
the
'cease Officer may revoke the nermit
Ord. No. 2263
Additions, amendments deletions
Attachment 'C' page 17 of 41
Additions are
Amendments where wording has been moved are green, double- underlined, or sirik.througlk 'Anal'
Deletions are
Unchanged language Is shown In black, 'Times New Roman'
Explanatory notes are in highlighted, Italicized 'Mal'
53. 6416.7. EXCEPTIONS. (Fortuneteiiing)
(a) The provisions of this Section shall not apply to any person solely by reason
of the fact that he or she is engaged in the business of entertaining the public by
demonstrations of mindreading, mental telepathy, thought conveyance, or the giving of
horoscopic readings, at public places and in the presence of and within the hearing of
other persons and at which no questions are answered, as part of such entertainment,
except in a manner to permit all persons present at such public place to hear such
answers.
(b) No person shall be required to pay any fee or take out any permit for
conducting or participating in any religious ceremony or service when such person holds
a certificate of ordination as a minister, missionary, medium, healer or clairvoyant,
hereinafter collectively referred to as minister, from any bona fide church or religious
association maintaining a church and holding regular services and having a creed or set of
religious principles that is recognized by all churches of like faith; provided, that
(1) Except as provided in (3) hereof; the fees, gratuities, emoluments, and
profits thereof shall be regularly accounted for and paid solely to or for the benefit of the
bona fide church or religious association, as defined in this subsection (b).
(2) The minister holding a certificate of ordination from such bona fide church
or religious association, as defined in this subsection (b), shall file with the Beardliesug
QM= a certified copy of the minister's certificate of ordination with the minister's name,
age, street address, and phone number in this City where the activity set forth in this
subsection (b) is to be conducted.
(3) Such bona fide church or religious association, as defined in this subsection
(b), may pay to its ministers a salary or compensation based upon a percentage basis,
pursuant to an agreement between the church and the minister which is embodied in a
resolution and transcribed in the minutes of such church or religious association.
54. 6426.2. DISTRIBUTING. (Tip Sheets)
No person shall, in the disseminating, distributing, passing out giving away,
handing out, selling, offering for sale, or soliciting for the sale of any of said materials
described in Section 6220.42, interfere with or cause interference with the normal flow of
traffic upon the city streets. For the purpose of preventing congestion in traffic upon the
public streets, the location occupied by such person in the conduct of such business on
private property shall be subject to the approval of the Ti laggegr
Chief of Police; provided, however, that any person aggrieved by the decision of the
under this Division may appeal to the Counail i
moceb¢e r gfaAh m a.a;on. 6216.8 red 6216.9.
Ord. No. 2263
Additions, amendments deletions
Attachment 'C' page 18 of 41
Additions are
Amendments where wording has been moved are green, double underling, or strilke weugh, 'Arial'
Deletions are
Unchanged language is shown in black, 'Times New Roman'
Explanatory notes are in highlighted, italicized Arial'
55. 6426.5. CANCELLATION. alp Sheets)
The violation of any provision of this Division shall, in addition to any other
penalty, be grounds for the cancellation by the CERMOBLig O of any license
issued pursuant to Section 6220.42 of this Code.
56. 6427. PERMIT PROCEDURE. (Private Patrols)
No person, either as owner, manager, employee or otherwise, shall solicit for,
manage, conduct, carry on or assist in the solicitation for, management, conducting or
carrying on of the business of a private patrol without having obtained a written permit
from the CovRellipense Officer pursuant to Chapter 3 of this Article, and without paying
the license fee required by Section 6220.28.
57. 6427.1. APPROVAL. (Private patrols)
The c comag shall first satisfy ftseitbampelf or herself that the
management, conduct or carrying on of said private patrol will comport with the public
welfare and for this purpose may consider any facts or evidence bearing on the moral
fitness, ability, qualifications and character of any person or persons who will be in
charge of, manage, conduct, or carry on said private patrol, and may require the
submission of any facts or evidence tending to enlighten it in this respect.
58. 6427.2. SURETY BOND. (Private Patrols)
Upon the approval of such application by the Celt cease Officer the applicant
shall present to the Clerk a bond, approved by the City Attorney, in the penal sum of One
Thousand Dollars ($1,000.00), which bond shall inure to the benefit of any person, firm
or corporation who may suffer loss or damage by reason of any act of applicant. Upon the
payment by the applicant of a license fee required by Section 6220.28, a license shall be
issued to the applicant by the License Officer for such period of time not exceeding one
(1) year as is specified by the Counalij for the permit.
59. 6429.2.1. LICENSE. (iodcabe /Aiomobsss for Hire)
Each permit issued by the 6ek8443 Lieense Officer shall entitle the holder thereof
tqjlig obtain a license from the License Officer, upon payment of the license fee at the
rate specified in subsection 6220.39, to operate each automobile for hire or taxicab as set
forth and described in the permit. Such license shall be securely attached in a
conspicuous location to the rear left portion of the licensed automobile for hire or taxicab
at all times when said vehicle is in use.
60. 6429.3. APPLICATION. (Taxicabs /Automobiles for Hire)
The application for a permit to operate an automobile for hire or taxicab upon the
streets of the City shall be upon forms to be supplied by the City and shall contain the
following information:
(1) Name, age, business address, residence address and citizenship status of the
applicant; or if a corporation, its name, date and location of incorporation, and residence
address of each of its officers; or if a partnership, association or unincorporated company,
Ord. No. 2263
Additions, amendments deletions
Attachment 'C' page 19 of 41
Additions are biggjoblemdit or
Amendments where wording has been moved are green,
Arial
Deletions are
Unchanged language is shown in black, 'Times New Roman'
Explanatory notes are in highlighted, italicized A+fal'
the names of the partners, or the persons comprising the association or company, with the
place of business and residence of each such partner or person;
(2) The address to which notice, when required, is to be sent or mailed;
(3) Whether the applicant was previously engaged in the business for which a
permit is requested, and if so, the location and length of time thereof;
(4) If applicant is a corporation, a copy of the articles of incorporation shall be
attached to the application; if a partnership or association, a copy of the partnership or
association agreement;
(5) The number of taxicabs or automobiles for hire to be used in the business of
the applicant, and the following information concerning each automobile: copy of
insurance certificate in accordance with subsection 6429.3.4, make, model, year, motor
number, passenger capacity, state license number, mileage, and detailed statement of
condition of tires, brakes, body, upholstery and drivetrain;
(6) Current validated registration card for all automobiles for hire and taxicabs
that will operate under the operator's permit;
(7) A schedule of rates or fares to be charged for carrying passengers;
(8) A verified financial statement of the applicant;
(9) Whether or not any permit has been revoked, suspended or canceled, and if
so, the circumstances of such revocation, suspension or cancellation;
(10) Such further information as the Counslikicense Officer, or such official of
the City to whom the application may be referred, may require.
61. 6429.3.1. REQUIREMENTS. (Taxicabs Automobles for Hint)
No operator's permit for the operation of an automobile for hire or taxicab shall be
granted or authorized to be issued, until the Ceuneii 4 ggg e Officer determines that the
facts and acts specified in the following subsections exist and have been performed, or
that they will exist and will be performed before the privilege sought shall be exercised.
62. 6429.3.2. PUBLIC CONVENIENCE. (Taxlcabs /Automobiles for Hie)
(a) Public convenience and necessity require the operation of said automobile
for hire or taxicab as set forth in said application. The declaration of public convenience
and necessity shall not be necessary for
(1) The granting of a permit to operate the same number of vehicles or a lesser
number, held by the applicant under the same name on the date prescribed for the
expiration of permits, and such permits shall be classed as renewals provided they were
originally granted in accordance with the provisions of this Article; and
(2) Limousines as determined by the CounoUUj Officg upon a showing
that the proposed service does not have the characteristics of a taxicab service.
(b) The Campoill Officer, in declaring whether or not public convenience
and necessity exist, may take into consideration all facts as Illbu may deem pertinent and
proper, which facts shall include a specific finding that the following conditions exist:
(1) That the applicant is financially responsible;
Ord. No. 2263
Additions, amendments deletions
Attachment 'C' page 20 of 41
Additions are
Amendments where wording has been moved are green, dnubl_ or strike- therein, 'Mal'
Deletions are
Unchanged language is shown in black, 'Times Now Roman'
Explanatory notes are in highlighted, italicized 'Arial'
(2) That persons holding permits for the operation of automobiles for hire and
taxicabs are, under efficient management, earning a fair and reasonable rate on their
capital devoted to such service;
(3) That persons holding existing permits for the operation of automobiles for
hire and taxicabs are, under normal conditions, inadequately serving the public;
(4) That the applicant is capable of providing safe and prompt taxicab service,
twenty -four (24) hours daily;
(5) That the applicant has presented evidence sufficient to justify operation of a
specified number of taxicabs or automobiles for hire in the City of Arcadia.
63. 6429.3.8. VEHICLE SUBSTITUTION. (Taxicabs /Automobiles for Hire)
The holder of an operator's permit may not substitute any automobile listed on the
operator's permit in the place and stead of each licensed automobile the use of which has
been discontinued, until making application to do so and by securing the approval of the
Comaill Officer. Before being granted such approval the applicant shall fully
comply with the provisions of Subsections 6429.2.3 and 6429.3.4.7. Upon the granting of
such application, the Clerk shall endorse a memorandum of each substitution upon the
original operator's permit, and also upon the license issued to the automobile the use of
which has been discontinued, and shall notify the License Officer of such substitution and
endorsement. For each such substitution, such permit holder shall pay to the City a fee of
Twenty -Five Dollars ($25.00).
84. 6429.3.9. ADDITIONAL VEHICLES. (Taxicabs /Automobiles for Hire)
A holder of an operator's permit for the operation of an automobile for hire or
taxicab, desiring to operate additional motor vehicles of the same type and classification,
shall file an application thecalaasgifte with the—Busicieea License Officer. The
application shall set forth the information as required by this Article. The Csurasilj
Wag may issue a permit to operate such additional motor vehicles.
65. 6429.5.1. TAXIMETERS. (Taxicabs /Automobiles for Hk9)
No holder of an operator's permit or driver operating any taxicab shall operate
such automobile in the City unless it is equipped with a taximeter of such type and design
as may be approved by the CasieliCitv License Office. The holder of an operator's
permit of such taxicab shall keep such meter accurate at all times. Such meter shall be
subject to inspection from time to tune. The City Manager or his duly authorized agent or
any police officer of the City is authorized at his insistence or upon the complaint of any
person, to investigate such taximeter and, upon discovery of any inaccuracy of such
taximeter, to remove or cause to be removed from service any such vehicle equipped with
such taximeter until such taximeter shall have been repaired and correctly adjusted.
66. 6431. PERMIT REQUIRED. (Well Drilling)
No person, either as principal or agent, shall drill, bore or sink, or cause to be
drilled, bored or sunk, any well for water, oil or other similar substance within the City,
Ord. No. 2263
Additions, amendments deletions
Attachment 'C' page 21 of 41
Additions are b11e. danblumgliglined_ `Times New r n n'
Amendments where wording has been moved are green, deuhIe.under Ined- or sifike4hmek, 'Adel'
Deletions are
Unchanged language is shown in black, 'Times New Roman'
Explanatory notes are in highlighted, italicized Aria!'
without first having obtained a permit from the Coucilceaae Officer so to do pursuant
to Part 1 of Chapter 3 of this Article. The Cesinellicense Offica shall have the power in
discretion to grant or deny such permit.
67. 6433.14. SUSPENDING. (Slaughter Houses)
If it is determined by the Health Officer, following any investigation or inspection
of a slaughterhouse, that the operator, owner or manager has not complied with the
provisions of this Code and particularly with the provisions of this Divleienc the
Ceunetjpse Offices may immediately suspend the permit issued to operate the same.
The COURGI shall grant the owner or operator a reasonable specified time
in which to correct the conditions which are in violation of this Code or any applicable
law. If the corrections are not made to the satisfitction of the Calinitti
within the specified time, the COMeillagaguataga shall revoke the operators permit.
68. 6433.15. REINSTATEMENT. (Slaughter Houma)
The owner, operator or manager of any slaughter house for which the permit to
operate has been suspended shall be required to correct completely the conditions on
which the carnellfgagranagg based the suspension of the permit. In applying for a
reinstatement of the permit, kialbek application shall include a signed statement that the
conditions complained of by the Health Officer have been completely corrected. In case a
permit has been revoked, it may not be reinstated. Any application for a new permit shall
be made as provided in Part 1 of Chapter 3 of this Article.
69. 6434.10. SUSPENSION. (Rubbish Collection, Hauling or Dispose!)
The Chief of Police may at any time suspend any permit issued pursuant to this
Division if he finds that any equipment of the permittee used in the collection or hauling
of garbage or refuse in the City fails to comply with any applicable regulation. Such
suspension shall remain in effect until the
incense Officer shall set aside such suspension, extend such
suspension for a specific period of time and upon specified conditions, or revoke the
permit,
70. 64383. VIOLATION OF ARTICLE. (Newsraclas)
(a) Whenever the L10iiite Offs r is advised that
a newsrack has been placed or installed or is being maintained in violation of this Article,
he shall so notify the person in whose name the newsrack is registered pursuant to
Section 6438.4. Such notice shall state the nature of the violation, the intention to
impound the newsrack if the violation is not corrected or a hearing is not requested in
writing before the Business License AB;serReview BoaMi within ten (10) days after the
giving of such notice and the procedure for requesting such a hearing. A timely request
for a hearing shall stay any impounding, provided, however, if the violation is not
corrected within five (5) calendar days after the decision made at the conclusion of such
Ord. No. 2263
Additions, amendments deletions
Attachment 'C' page 22 of 41
Additions are
Amendments where wording has been moved are green, dob1e-underiined, or ett4lte-thceugh,
Deletions are ;stir strtke-Oveughs-WAFW
Unchanged language is shown in black, 'Times New Roman'
Explanatory notes are in highlighted, italicized 'Ariel'
hearing becomes final, the Officer may impound
the newsrack in accordance with Subsection (c) of this Section.
(b) Notwithstanding Subsection (a) of this Section, for violations of this Article
relative to restrictions upon the attachment of newsracks to property other than that
owned by the owner of the newsrack, to fixed objects or to each other and upon location
of newsracks, the r ;c ae Officer may, without first
giving the registrant of the newsrack written or oral notice, move, align, remove such
attachment or otherwise move such racks in order to restore them to a safe and legal
condition, as an alternative to the procedure specified in Subsection (a) of this Section.
(c) Whenever a newsrack is impounded pursuant to Subsection (a) of this
Section, the newsrack shall be removed by the
QMor and stored in any convenient place where other items of personal property
confiscated in connection with a City investigation or enforcement of this Code are
stored. The DeVailipMent-SePileee-DiFseieflaggingaika shall notify the person who,
according to the City's most recent records, is the owner of the newsrack by mailing a
notice of newsrack removal to the last known address of the owner. Such notice shall
state the date the newsrack was removed, the reasons therefor, the location and procedure
for claiming the newsrack and the procedure for obtaining a post removal hearing before
the Business License Vileedkodszateal, if desired. Any such newsrack removed and
stored pursuant to this Section shall be released to the owner thereof if claimed within
forty -five (45) days after the mailing of written notice of removal and upon the payment
of reasonable charges of removal and storage thereof. Upon failure of the owner to claim
such newsrack and pay the reasonable charges within the forty-five (45) day period, such
newsrack shall be deemed to be unclaimed property in possession of the City's Police
Department and may be disposed of in accordance with the City's policy of disposing of
unclaimed property.
(d) Notwithstanding anything herein to the contrary, any newsrack maintained
within the City in violation of this Article, which violation creates an immediate danger
to the health or safety of the public, as determined by the
AiceeterLjgmae Officer, and which violation cannot be corrected by moving or otherwise
repositioning the newsrack, may be summarily removed and stored in a convenient
location so as to eliminate the danger to the health or safety of the public. The
License Officer shall notify the owner thereof by mailing
a notice of removal to the last known address of the owner. Such notice shall state the
date the newsrack was removed, the masons therefor, the location and procedure for
claiming the newsrack and the procedure for obtaining a post removal hearing before the
Business License Offieedistlyakst, if desired. Any such newsrack removed and
stored pursuant to this Subsection shall be released to the owner thereof if claimed within
forty-five (45) days after the mailing of written notice of removal and upon the payment
of reasonable charges of removal and storage therefor. Upon failure of the owner to claim
such newsrack and pay the reasonable charges within the forty-five (45) day period, such
newsrack shall be deemed to be unclaimed property in possession of the City's Police
Ord. No. 2283
Additions, amendments deletions
Attachment 'C' page 23 of 41
Additions are blue. double-underlined. 'Times New Roman'
Amendments where wording has been moved are green, GIs- underlIned, or eirlite4hcavg14, 'Anal'
Deletions are fedr.ebike4weughli-in4
Unchanged language is shown In black, 'Times New Roman'
Explanatory notes are In highlighted, italicized Aries'
Department and may be disposed of in accordance with the City's policy of disposing of
unclaimed property.
(e) Within ten (10) days of the date on which the notice of violation or notice of
removal of a newsrack summarily impounded is sent by the City, the person in whose
name the newsrack is registered pursuant to Section 6438.4 or other person who provides
satisfactory proof of ownership may request a hearing before the Business License
OflieefEatinagial. The request shall be in writing, shall state the basis thereof and
shall be filed with the Business License A#+setReriew Board. The hearing shall be held
within *egg= (5,32) working days of the fillagBadusigig of the request, unless
continued for good cause as determined in the
reasonable discretion. At the hearing, any person may present evidence or argument as to
whether the newsrack has violated this Article. Within two= (2jQ) working days after
the close of the hearing, the
Boni shall render a decision in writing. Notice of the decision shall forthwith be given to
the person who requested the hearing.
(f) All notices shall be sent by registered mail to the registrant and the owner at
the address shown on the registration and at their last known address.
71. 6510. PERMIT REQUIRED. (Animal and Bird Keeping)
No person shall at any time keep, maintain, raise, possess or use more than ten
(10) live four footed animals or more than two hundred (200) live birds of any kind upon
or within one hundred (100) feet of any property classified for residential purposes under
Chapter 2 of Article DC of this Code without a valid permit therefor issued by the
Counel j��Q;g pursuant to Chapter 3 of this Article.
72. DIVISION 2. S DUTIES (Pedaling and
Soliciting)
73. 6612. DUTIES. (Peddling and Soliciting)
It shall be the duty of the City Officer or designee to investigate
each application for a permit as hereinafter provided by the provisions of this Chapter. He
or she shall maintain each application on file, together with his or her decision thereon,
all of which shall be subject to public inspection at any reasonable time.
74. 6612.1. POWERS. (Peddling end Solidting)
The Ctty Managerjdanse °filter or designee shall have the power to issue and
deny permits as hereinafter provided; to summon witnesses; to demand production of
documents and things; to take testimony and to direct investigations as hereinafter
provided; and to do and to perform all other acts that may be necessary or proper within
the scope of his or her duties and functions.
75. 6613.1. PERMIT APPLICATION CONTENTS. (Peddling and Soliciting)
Each and every person desiring to practice, exercise or engage in any of the
activities described in Sections 6611.1 or 6611.2 shall personally appear before the City
Ord. No. 2263
Additions, amendments deletions
Attachment 'C' page 24 of 41
Additions are
Amendments where wording has been moved are green, ggidisdaggullnig or siFika-thcough, 'mar
Deletions are
Unchanged language is shown in black, 'Tunes New Roman'
Explanatory notes ere in highlighted, llailclzed `MAN'
MaRagegagguaDgag or designee and file with him or her a written, signed and
acknowledged application, showing:
A. The true and fictitious names, aliases and residences of the applicant if an
individual; the true and fictitious names, aliases and residences of all members of the
applicant if applicant is a firm, association or partnership; the true and fictitious names,
aliases and residences of the principal officers of the applicant if the applicant is a
corporation;
B. The length of service of the applicant with such firm, association,
partnership, corporation or organization;
C. The place of birth, birth date and social security number of each and every
person enumerated in subsection A of this section;
D. The city, county and state where the persons, enumerated in subsection A of
this section, practiced or conducted any of the activities described in Sections 6611.1 and
6611.2, or any business or practice kindred thereto within twelve (12) months previous to
the date of said application and the name under which the same was conducted;
E. The length of residence of the persons enumerated in subsection A of this
section within the City, if applicable;
F. A statement of the nature and character of applicant's proposed practice or
activity;
G. The nature and character of the goods, wares, merchandise or services to be
offered by the applicant;
H. Whether the persons enumerated in subsection A of this section have ever
been convicted of a felony involving murder, manslaughter, fraud, burglary or any sex
crime as defined by California Penal Code 11105.2; if so, applicant shall state the nature
of each offense, date of conviction, the sentence received therefore and the court in which
each conviction and sentence was entered;
L Such other reasonable information as to the identity and background of the
persons enumerated in subsection A of this section as the chief of police may require,
including, but not limited to, a photograph or photographs of said persons.
76. 6613.3. FORM OF PERMIT. (Peddling and SoticlWag)
Permits issued under this chapter shall bear the name and address of the person to
whom it is issued, the number of the certificate, the date issued, the certificate's
expiration date and the City Managerq ica+ae Officer's or designee's signature.
77. 6613.4. TIME OF ISSUANCE. (Peden° and Soliciting)
The or designee shall either grant or deny the
requested certificate within ten (10) days of the date the application is made. If the City
sedaga .e ilfficer or designee fails to act within the time prescribed, the permit
shall be deemed granted.
Ord. No. 2263
Additions, amendments deletions
Attachment 'C' page 25 of 41
Additions are jtidde. dnohle.unturtit 'Timex New Roman'
Amendments where wording has been moved are green, gigibhugagiagg, or strlke4prough, 'Ariel
Deletions are
Unchanged language is shown In black, 'Times New Roman'
Explanatory notes are In highlighted, italicized 'Anal'
78. 6613.5. PERMIT GRANTING DENIAL. (Peddling and Sting)
A. After the receipt of a properly completed and filed application, the -City
Maiaaaedf the aph' 'en 'a E Ofcar or designee shall issue a
permit, numbered and in due form, allowing the applicant to practice the activities,
proposed in said application upon payment of the prescribed permit fee, unless the
applicant has been convicted of one of the crimes enumerated in Section 6613.1(H).
B. The application may be rejected if the activities sought to be permitted do
not comply in every way with the rules, regulations and laws applicable thereto, or if the
city-4,4anaveF,Licetute Officer or designee determines, after investigation, that the
applicant's character or background is unsatisfactory. If the application is rejected, the
City-Menagedigglanigg or designee will notify the applicant in writing giving the
reason for the same and shall refund all the fee-ntadefzughaktal with the application,
save and except for costs incurred by the eityr in investigating the same.
79. 6613.8. PERMIT CANCELLATION. (Peddling and Soliciting)
Upon the discovery of any false or misleading statements in the application or any
misrepresentation by the applicant in procuring said permit, the City-Cettheitjaggig
=drag may, upon five (5) days' notice to said applicant, cancel and annul said permit;
whereupon the applicant shall be subject to the penalties prescribed in this code from and
after the date of the cancellation as though the permit had never been granted.
80. 6613.9. PERMIT REVOCATION, SUSPENSION. (Podding end Soliciting)
A. Any pennittee who commits any of the crimes specified in Section
6613.1(H) is liable to have his or its permit suspended or revoked by the City
CeunsitLicense Offices, The C shall also have the right to
suspend or revoke such permit whenever it is shown to the satisfaction of the City
Ceuncitj icense Office that the activities so licensed are being conducted in a manner
that is detrimental to the public health, morals, peace, welfare or safety of the community.
NeweveF -ReA_ suspension or revocation shall
to be served upon the permittee a written
notice specifying the grounds for said imposed-suspension or revocation and fixing-a
"'il (1l�I1i 11
1 l 111 1� 1 111 re{., .,U1,(.
j the permittee shall have the opportunity to be heard
and to make his or her defense against any complaints and allegations made as to his or
her activities pursuant to this Chapteri-anci-prevteted -when-seek
Such written notice shall be served
in accordance with the provisions of Code of Civil Procedure Section 1094.6.
B. When a permit has been revoked, no other permit shall be issued under the
provisions of this Chapter to the same permittee within one facalendar year of the date
Ord. No. 2263
Additions, amendments deletions
Attachment 'C' page 26 of 41
Additions *re ithatakaggalgagsliald
Amendments where wording has been moved are gnesn, agiaguagglagg, or strike-Wei 'Arias'
Deletions are
Unchanged language Is shown In black, 'Times New Roman'
Explanatory notes are in highlighted, italicized `Adel'
l•1
hd i .•I 1 1 011 1
of revocati
a.... ♦,i.. inii amts ,a i m Tn A Ot City a md1
81. 6613.11. APPEALS TO CITY COUNCIL. (Peddling and Soli N
82. 6613.13. PEDDLER AND SOLICITOR PERMIT AND BADGE TO BE
CARRIED ON PERSON. (Peddling and Solk ing)
Each applicant for a permit must at all times keep on his person the permit issued
by the Cliy4.4enagacjagagmanor or designee. No person shall fail to wear a badge (as
described herein) on his/her chest over the heart that indicates the number of the
solicitation permit, its expiration date and the name of the permit holder; all badges to be
white with black lettering that is legible at a distance of five feet (5') and to contain a
photograph of the individual wearing each badge that has been taken within the previous
six (6) months of the date of solicitation.
83. 6614.1. INVESTIGATION OF SOLICITORS AND PEDDLERS. (Peddling and
Soliciting)
The pagerLic se_,Q gar or designee is authorized to investigate the
affairs of any person engaged in soliciting or peddling under a permit or certificate issued
under the provisions of this Chapter.
84. (Peddling and Solicit
85. 6615.1. PERNIITTEE'S REPORTS. (Peddling and Soliciting)
Every person to whom a permit has been issued under this Part shall, within sixty
(60) days after the solicitation has been completed, furnish to the Managerj
Olean a detailed report and financial statement showing the amount raised by the
solicitation, the amount expended in collecting such funds, a detailed report of the wages,
fees, commissions and expenses paid to any person in connection with such solicitation,
and the disposition of the balance of the funds collected by the solicitation. This report
Ord. No. 2263
Additions, amendments deletions
Attachment 'C' page 27 of 41
Additions are
Amendments where wording has been moved are green, double -undo Ing, or stake trough, 'Mal'
Deletions are
Unchanged language is shown in black, 'Times New Roman'
Explanatory notes are in highlighted, italicized 'Alter
shall be available for public inspection at the ivisnagegiaggaganges office. The
permit holder shall make available to the Mangeclagaggjafau, or to any person
designated in writing by the Managediginganw as Nag& representative for such
purpose, all books, records and papers whereby the accuracy of such report may be
checked.
86. 6615.2. INVESTIGATION OF SOLICITORS. (Peddling and Solfdting)
The Officer authorized to investigate
the affairs of any person soliciting for charitable or religious purposes under a permit or
certificate issued under the provisions of this Part, and may make public h or their
written findings in order that the public maybe fully informed as to the affairs of any of
said persons. All such persons shall make available to the Manager er —fie
Cemnitteej sense Officer, or to any representative designated by them in writing for
such specific all books, records or other information reasonably necessary to
enable the Manseer-9F4ilie-GsminktaeLignaDaz to filly and fairly inform the public
of all facts necessary to a full understanding by the public of the works and methods of
operation of such persons. Five (5) days before the public release of any findings under
this section, the shall first serve a copy of said
findings upon the person investigated, and at the time of the release of hie- —their
findings -le-oF they must release a copy of any written statement filed by such person in
explanation, denial or confirmation of said findings.
87. 6616.5. FILM PERMIT APPROVED. (Motion Piictur. Filming)
Permits will only be issued after they have been reviewed and approved by the
or designee, consistent with the designated film permit
policy as set forth in the film permit application package.
88. 6616.9. WAIVER OF FEES. (Motion Picture Riming)
The C1164ManageFj tigi9 ggj, or designee, may waive a film permit fee if the
applicant is a student or a local charitable organization with documented proof of this
status.
89. 6616.10. REVOCATION OR DENIAL OF APPLICATION. (Motion Picture Fes)
The or designee, may revoke the film permit or
deny approval of film application if any of the following circumstances occur:
(1) There has been a misrepresentation in the permit application with respect to
the nature of the film activity, the number of personnel or equipment, or other relevant
matter.
(2) Where the filming activity, as conducted, has become a hazard to persons or
property, or unduly disruptive to neighboring residents and/or businesses.
(3) Where the film activity goes beyond the hours specified in the film permit.
(4) Where any provision of the fire/life safety requirements has not been
corrected after notification by police/fire persoimel.
Ord. No. 2263
Additions, amendments deletions
Attachment 'C' page 28 of 41
Additions are
Amendments when wording has been moved are green, doubts- underlir, or stiiko -ice►, 'Arias'
Deletions ere fetirstfike4iFeughs-iaJAPiag
Unchanged language is shown in black, `Times New Raman'
Explanatory notes are In highlighted, italicized Artel'
(5) For failure to comply with insurance requirements and maintain satisfactory
insurance at all times during applicants activities in the City.
(6) Failure to abide by and comply with the terms and conditions of this permit.
(7) Allowance of conditions and/or actions that constitute a public nuisance or
otherwise disturb or disrupt the neighborhood.
Revocation for any of the reasons set forth above shall be grounds to deny subject
applicant subsequent permits.
Amendments 90 98 update the provisions for Issuance, investigation of applications,
denials, suspensions or revocations, appeals, and Judicial reviews for adult business
performer licenses and adult business regulatory permits.
90. 6701. ADULT BUSINESS PERFORMER LICENSE.
A. No performer shall be employed, hired, contracted for or otherwise retained
in an adult business to participate in or give any live performance displaying specified
anatomical areas or specified sexual activities without first having a valid adult business
performer license issued by the City.
B. Consistent with Arcadia Municipal Code Section 1441, for purposes of
enforcing Chapter 7 of Article VI of the Arcadia Municipal Code (Adult Business
Performer License Sections 6700 et seq.) DiceeteF -and Officer shall mean the
Officer or his or her designee.
C. License applicants shall file a written, signed, and verified application or
renewal application on a form provided by the Officer. Such application shall contain the
following information, necessary for the City to determine an applicant's ability to
function responsibly in an adult business setting, and be accompanied by the following
documents:
1. The license applicant's legal name and any other names (including "stage
names" and aliases) used by the applicant.
2. Age, date and place of birth.
3. Height, weight, hair and eye color and tattoo descriptions and locations.
4. Each present and/or, as the case may be, proposed business addresses) and
telephone number(s) of the establishments at which the applicant intends to work.
5. Driver's license or identification number and state of issuance.
6. Social Security number.
7. Satisfactory written proof of verifiable identification establishing that the
permit applicant is at least eighteen (18) years of age or twenty -one (21) years of age if
the performance is to occur in a Department of Alcoholic Beverage Control "ABC
regulated establishment.
8. The license applicant's fingerprints on a form provided by the Police
Department and a color two (2) by two (2) inch photograph clearly showing the
applicant's face. Any fees for the photographs and fingerprints shall be paid by the
applicant. Fingerprints and photograph shall be taken within six (6) months of the date of
application.
Ord. No. 2283
Additions, amendments deletions
Attachment 'C' page 29 of 41
Additions are bhp Bauble. 1i 'Ti Newv i
Amendments where wording has been moved are green, doubls Qed. or sue►, 'AMP
Deletions are
Unchanged language is shown in black, 'Times New Roman'
Explanatory notes are In highlighted, Italicized 'Arial'
9. Whether the license applicant, has pled guilty or nolo contendere or been
convicted of an offense classified by this or any other state as a sex related offense and
(a) less than two (2) years have elapsed since the date of conviction or the date of release
from confinement of conviction to the date of application, whichever is the later date, if
the conviction is a misdemeanor; or (b) less than five (5) years have elapsed since the
date of conviction or the date of release from confinement of conviction to the date of
conviction, whichever is the later date, if the conviction is a felony; or (c) less than five
(5) years have elapsed since the date of the last conviction or the date of release from
confinement for the conviction to the date of application, whichever is the later date, if
the convictions are two (2) or more misdemeanors or combination of misdemeanor
offenses occurring within any twenty-four (24) month period. This section shall be
applied consistent with California Penal Code Section 11105 and any amendments
thereto.
10. If the application is made for the purpose of renewing a license, the license
applicant shall attach a copy of the license to be renewed.
11. Address of principal place of residence.
D. The completed application shall be accompanied by a non-refundable
application fee and an annual license fee. Said fees shall be set by Resolution of the City
Council.
E. The completeness of an application shall be immediately determined by the
Officer upon its submittal. The Officer will accept applications during normal City Hall
working hours. If the Officer determines that the application is incomplete, the Officer
shall immediately inform the applicant of such fact and the reasons therefor, including
any additional information necessary to render the application complete. Upon receipt of
a completed adult business performer application and payment of the license fee specified
in Subsection D of this Section, the Officer shall immediately issue a temporary license
which shall expire of its own accord ten (10) business days from the date of issuance and
shall only be extended as provided in Section 6702(C). This temporary adult business
performer license shall authorize a performer to commence performance at an adult
business establishment that possesses a valid adult business regulatory permit authorized
to provide live entertainment.
F. The fact that a license applicant possesses other types of State or City
permits or licenses does not exempt the license applicant from the requirement of
obtaining an adult business performer license.
G. The information provided above in Subsections C 1, 5, 6 and 11 shall be
redacted from any public disclosure under the California Public Records Act to protect
the physical security of the performers.
91. 6702. INVESTIGATION AND ACTION ON APPLICATION FOR ADULT
BUSINESS PERFORMER LICENSE.
A. Upon submission of a completed application, payment of license fees, and
issuance of a temporary adult business performer license pursuant to Section 6701, the
Officer shall immediately stamp the application "Received" and shall refer the application
Ord. No. 2263
Additions, amendments deletions
Attachment 'C' page 30 of 41
Additions are
Amendments where wording has been moved are green, double- undedbnad, or strike- 'Arias'
Deletions are
Unchanged language is shown in black, 'Times New Roman'
Explanatory notes are In highlighted, italicized 'del'
to the Police Department for investigation to determine whether the license applicant
should be issued an adult business performer license.
B. Investigation shall not be grounds for the City to unilaterally delay in
reviewing a completed application. The Officer's decision to grant or deny the adult
business performer license shall be made within ten (10) working days from the date the
temporary license was issued and in no case shall the decision to grant or deny the license
application be made after the expiration of the temporary license.
C. The Officer shall render a written decision to grant or deny the license
within the foregoing ten (10) day period. Said decision shall be mailed first class postage
pre -paid or hand delivered to the applicant, within the foregoing ten (10) day period, at
the address provided by the applicant in the application.
For good cause as set forth in writing the ten (10) day period shall be extended up
to an additional ten (10) days. This shall automatically extend the temporary license.
Failure of the Officer to render a decision on the permit within the time frames
established by the Section shall be deemed to constitute an approval, subject to appeal to
the Business License Review Board, pursuant to Section 6703.
D. The Officer shall notify the applicant as follows:
1. The Officer shall write or stamp "Approved" or "Denied" on the application
and date and sign such notation.
2. If the application is denied, the Officer shall attach to the application a
statement of the reasons for denial. Such notice shall also provide that the permit
applicant may appeal the denial to the Business License Review Board in accordance
with Section 6703.
3. If the application is approved, the Officer shall attach to the application an
adult business performer license.
4. The application, as acted upon, and the license, if any, shall be placed in the
United States mail, first class postage prepaid, or hand delivered, addressed to the license
applicant at the residence address stated in the application in accordance with the time
frames established herein.
E. The Officer shall approve the application and issue the license unless the
application is denied based on one of the grounds set forth in Section 6703(C).
F. On determining that the grounds for license denial exist in accordance with
Section 6703, the Officer shall furnish written notice of the denial to the applicant. Such
notice shall provide, in addition to the grounds for denial, that the license applicant may
appeal the denial to the Business License Review Board in accordance with Section 6703,
and that the temporary license shall be extended through the time the appeal is concluded.
G. Each adult business performer license, other than the temporary license
described in Section 6701, shall expire one (1) year from the date of issuance and may be
renewed only by filing with the Officer a written request for renewal, accompanied by the
annual license fee and a copy of the license to be renewed. If said application conforms to
the previously approved application and there has been no change with respect to the
license holder being convicted of any crime classified by this or any other state as a sex
related offense, the Officer shall renew the license for one (1) year. Any plea to or
Ord. No. 2283
Additions, amendments deletions
Attachment 'C' page 31 of 41
Additions are
Amendments where wording has been moved are green, deubla-unde,iined, or strike- threwgih, 'AMP
Deletions are
Unchanged language is shown in black, 'Times New Roman'
Explanatory notes are In highlighted, Italicized 'AMP
conviction of a sex related offense requires the renewal application to be set -for hearing
in accordance with the provisions of this Section. The denial of a
renewal application is appealable pursuant to the provisions of Section 6703. The request
for renewal shall be made at least thirty (30) days before the expiration date of the
license. Applications for renewal shall be acted upon as provided herein for action upon
applications for license.
92. 6703. DENIAL, SUSPENSION OR REVOCATION OF ADULT BUSINESS
PERFORMER LICENSE APPEAL HEARING.
A. On determining that grounds for license denial, suspension or revocation
(also referred to collectively as License Action) exist, the Officer shall furnish written
notice of the license action to the license holder or applicant (hereinafter "license holder"
or "licensee" shall also mean "license applicant" or "applicant"). Such notice shall set
forth the
the pertinent Arcadia Municipal Code Sections, and a
brief statement of the factual matters in support thereof. The notice shall be mailed,
postage prepaid, addressed to the last known address of the license holder, or shall be
delivered to the license holder personally
B. mint env anneal t the is;ne� Lieene e Eo d N... applicant
or license holder shall have the right to offer testimonial, documentary, and tangible
evidence bearing upon the issues and may be represented by counsel. The Board shall not
be bound by the formal rules of evidence. Any hearing under this section may be
continued for a reasonable time for the convenience of a party or a witness at the request
of the licensee. Extensions of time or continuances sought by a licensee shall not be
considered delay on the part of the City or constitute fitilure by the City to provide for
prompt decisions on license actions.
C. A license may be denied, suspended or revoked, based on any of the
following causes arising from the acts or omissions of the permit holder:
1. The licensee has made any false, misleading, or fraudulent statement of
material fact in the application for a performer license.
2. The license applicant is under eighteen (18) years of age.
3. The licensee has pled guilty, nolo contendere or been convicted of an
offense classified by this or any other state as a sex related offense and (a) less than two
(2) years have elapsed since the date of conviction or the date of release from
confinement for the conviction to the date of application, whichever is the later date, if
the conviction is a misdemeanor, or (b) less than five (5) years have elapsed since the
date of conviction or the date of release from confinement of conviction to the date of
application, whichever is the later date, if the conviction is a felony; or (c) less than five
(5) years have elapsed since the date of the last conviction or the date of release from
confinement for the conviction to the date of application, whichever is the later date, if
the convictions are two (2) or more misdemeanors or combination of misdemeanor
offenses occurring within any twenty -four (24) month period.
Ord. No. 2263
Additions, amendments deletions
Attachment 'C' page 32 of 41
Additions are laggjoblugdgaggilakinkinatilliaig
Amendments where wording has been moved are groan, doybgaggi d, or strike through. 'Mal'
Deletions are
Uncharged language is shown in black, 'Times New Roman'
Explanatory notes are in higNighted, Italicized 'Arial'
4. The Licensee has committed acts in violation of the requirements and
standards of the Adult Business Ordinance (Sections 9279 et seq. and 6700 et seq.).
D. After holding the hearing in accordance with the provisions of this Section,
if the Board finds and determines that there are grounds for denial, suspension or
revocation, the Board shall impose one of the following:
1. Suspension of the license for a specified period
flisigisu or
2. Denial and/or revocation of the license gg
3. Conditional granting of the license.
The Board shall render a written decision
E. In the event a pew is revoked pursuant to this Section, another
adult business performer license shall not be granted to the licensee within twelve (12)
months after the date of such revocation or h o 'me s, the Board dos*ermines.
93. 6704. JUDICIAL REVIEW.
A. of the Business
License Review Board
v be annealed to the City Council nut to the
Egfiatillalikfitialaggia
B. time fora court
challenee to a decision under Sections 6702 and/or
6703 governed bv California Code of Civil Procedure 1094.8.
C.
the City Council's decision and its findings under Sections 6702 and/or 6703 duo
je citation to Califonia Code of Civil Procedure 61094.8,
.Any applicant or license holder whose license has been denied, suspended,
or revoked, pursuant to Sections 6702 and/or 6703 shall be afforded prompt judicial
review of that decision as provided by California Code of Civil Procedure 1094.8.
94. 6707. TIME LIMIT FOR FILING APPLICATION FOR PER n.
All persons required by Section 6700 et seq. to obtain an adult business performer
license who are performing in Arcadia prior to the effective day of the Ordinance
codified in this Chapter must apply for and obtain such adult business performer license
within sixty (60) days of the effective date of said Ordinance. Failure to do so and
continued performance that displays specified anatomical areas or specified sexual
activities in an adult business after such time without a license shall constitute a
violation of the Arcadia Municipal Code.
Ord. No. 2263
Additions, amendments deletions
Attachment `C' page 33 of 41
Additions are klar
Amendments where wording has been moved are green, Double- underlined, or strike t revs 'Arias'
Deletions are
Unchanged language Is shown in black, 'Times New Roman'
Explanatory notes are in highlighted, It&Nclzed 'ANel'
95. 6803. PERMIT REQUIREMENTS.
A. It shall be unlawful for any person to establish, operate, engage in, conduct,
or any on any adult business within the City of Arcadia unless the person first obtains,
and continues to maintain in full force and effect, an adult business regulatory permit as
herein required. Any occurrence of the "establishment of an adult business" as defined in
Arcadia Municipal Code Section 6801(L) shall require a new application for an adult
business use permit. The adult business use permit shall be subject to the development
and operational standards contained in Sections 6805.
B. Permit applicants shall file a written, signed, and verified application on a
form provided by the Taeense Officer or designee
Any changes in information on an application shall
be submitted on a supplemental application within ten (10) working days of each such
change. Such application shall contain the following information and shall also include
applicant's acknowledgment that he/she has read and understands all requirements set
forth in Section 6805.
1. If the permit applicant is an individual, the individual shall state his or her
legal name, including any aliases, telephone number, home address (including previous
addresses), tax identification number, social security number, information regarding past
adult business ownership, and shall submit satisfactory written proof that he or she is at
least eighteen (18) years of age.
2. If the permit applicant is a partnership, the partners shall state the
partnership's complete name, address, and telephone number, and the names (including
aliases), telephone number, home address (including previous addresses), tax
identification number, social security number, and information on past adult business
ownership of all partners. The applicant and all the partners shall also submit satisfactory
written proof that he or she is at least eighteen (18) years of age and whether the
partnership is general or limited; and shall attach a copy of the partnership agreement, if
any.
3. If the permit applicant is a corporation, the corporation shall provide its
complete name, the date of its incorporation, evidence that the corporation is in good
standing under the laws of the State of California, the names and capacities of all officers
and directors, the name of the registered corporate agent, and the address of the registered
office for service of process.
4. If the permit applicant is an individual, he or she shall sign the application.
If the permit applicant is other than an individual, each individual or entity with a ten
percent (10%) or greater interest in the business entity shall sign the application. Any
individual who signs the application must also provide his or her name, including any
aliases, home address (including previous addresses), telephone number, date of birth,
social security number, information regarding past adult business ownership, and shall
submit satisfactory written proof that he or she is at least eighteen (18) yeas of age.
5. If the permit applicant intends to operate the adult business under a name
other than that of the permit applicant, the permit applicant shall file the fictitious name
of the adult business and show proof of registration of the fictitious name
Ord. No. 2263
Additions, amendments deletions
Attachment 'C' page 34 of 41
Additions are labiajgamsledia6=111111.liaakelle.
Amendments where wording has been moved are green, Double- undrlingl, or ebiiks+- Baugh, 'Mal'
Deletions are faill
Unchanged language is shown in black, 'Times New Raman'
Explanatory notes are in highlighted, ltaticlzed Axial'
6. A description of the type of adult business for which the permit is requested
and the proposed address where the adult business will operate, plus the names and
addresses of the owners and lessors of the adult business site. If premises are leased, a
complete copy of the current lease must be attached. The property owner must sign the
application.
7. The address to which notice of action on the application is to be mailed.
8. The full names, aliases, if any, addresses, telephone numbers and date of
birth of all employees, independent contractors, and other persons who will perform at
the adult business, who are required by Section 6700 et seq. to obtain an adult business
performer license. This information shall be updated by the licensee of the adult business
establishment within five (5) days of retention of any new or additional employees,
independent contractors, and other persons who will perform at the adult business, who
are required by Section 6700 et seq. to obtain an adult business performer license. All
persons who have been issued an adult business regulatory permit shall promptly
supplement the information provided as part of the application for the permit with the
names of all employees, independent contractors, or other persons, who are required to
obtain an adult business performer license, within ten (10) working days of any change in
the information originally submitted. The information obtained by the City pursuant to
this Subsection B(8) shall be kept confidential.
9. Permit applications shall include a signed and verified statement that:
(a) The permit applicant, if an individual, or each shareholder, partner, officer
and director, or other party possessing a ten percent (10%) or greater interest, if a
partnership or corporation, has not pled guilty or nolo contendere or been convicted of an
offense classified by this or any other state as a sex or sex- related offense; or
If there has been a conviction or a plea, then:
(h)
(1) More than two (2) years have elapsed between the date of conviction or
plea, or the date of release from confinement for a conviction or plea, whichever is the
later date, and the date of application if the conviction or plea is a misdemeanor, or
(2) More than five (5) years have elapsed between the date of conviction or
plea, or the date of release from confinement for a conviction or plea, whichever is the
later date, and the date of application if the conviction or plea is a felony; or
(3) More than five (5) years have elapsed between the date of the last conviction
or plea, or the date of release from confinement for the last conviction or plea, whichever
is the later date, and the date of application if the convictions or pleas are two (2) or more
misdemeanors or a combination of misdemeanor offenses occurring within any twenty-
four (24) month period.
C. The completed application shall be accompanied by a non refundable
application fee. Said fee shall be set forth by Resolution of the City Council.
D. The completeness of an application for an adult business regulatory permit
shall be determined by the DkeeterQ$igg within five (5) working days of its submittal.
If the areatedlirms determines that the permit application is incomplete, the
Direatealegg shall immediately notify in writing the permit applicant of such fact and
the reasons therefor, including any additional information necessary to render the
Ord. No. 2263
Additions, amendments deletions
Attachment 'C' page 35 of 41
Additions are bh da b1e.a New its'
Amendments where wording has been moved are green, rigid, or otoko4hPOWg14, 'Arier
Deletions are
Unchanged language is shown In black, `Times New Roman'
Explanatory notes are in highlighted, italicized 'Mai'
application complete. Such writing shall be deposited in the U S mail, postage prepaid,
immediately upon determination that the application is incomplete. Within five (5)
working days following the receipt of an amended application or supplemental
information, the Dicaotelltagg shall again determine whether the application is
complete in accordance with the provisions set forth above. Evaluation and notification
shall occur as provided herein until such time as the application is found to be complete.
E. The fact that a permit applicant possesses other types of State or City
permits or licenses does not exempt the permit applicant from the requirement of
obtaining an adult business regulatory permit.
96. 6804. INVESTIGATION AND ACTION ON APPLICATION FOR ADULT
BUSINESS REGULATORY PERMIT,
A. The completeness of an application for an adult business regulatory permit
shall be determined by the j,,l'g or his Wag
designee within five (5) working days of its submittal. If the
ClireatorMagg determines that the permit application is incomplete, the Dkeetei?Q
shall immediately notify in writing the permit applicant of such fact and the reasons
therefor, including any additional information necessary to render the application
complete. Such writing shall be deposited in the U.S. mail, postage prepaid, immediately
upon determination that the application is incomplete. Within five (5) working days
following the receipt of an amended application or supplemental information, the
Dinuterfatz shall again determine whether the application is complete in accordance
with the provisions set forth above. Evaluation and notification shall occur as provided
herein until such time u the application is found to be complete.
B. Upon receipt of a completed application and payment of the application and
permit fees, the DIceetearog shall immediately write or stamp the application
"Received" and, in conjunction with City staff and the Chief of Police, shall promptly
investigate the information contained in the application to determine whether an adult
business regulatory permit shall be granted.
C. Within ten (10) working days of receipt of the completed application, the
Otreeteringsg shall issue or deny the license, unless extended for five (5) additional
working days upon a showing of good cause. Only one such extension shall be permitted
unless requested by the applicant.
D. In reaching a decision, the Oreateittaz shall not be bound by the formal
rules of evidence in the California Evidence Code.
E. The failure of the Direeteciaum to render any decision within the time
frames established in any part of this Section shall be deemed to constitute an approval,
subject to appeal to the Business License Review Board, pursuant to Section 6807. The
DN+eetePQ" s decision shall be hand delivered or mailed to the applicant at the address
provided in the application, and shall be provided in accordance with the requirements of
this Code.
F. Notwithstanding any provisions in this Section regarding the occurrence of
any action within a specified period of time, the applicant may request additional time
Ord. No. 2263
Additions, amendments deletions
Attachment 'C' page 36 of 41
or st€ik�e- through, Arias
Amendments when wording has been moved are green, j�p�g��. 'Mal'
Deletions are
Unchanged language is shown in black, 'Times New Roman'
Explanatory notes are in highlighted, Italicized 'Anal'
beyond that provided for in this Section or may request a continuance regarding any
decision or consideration by the City of the pending application Extensions of time
sought by applicants shall not be considered delay on the part of the City or constitute
failure by the City to provide for prompt decisions on applications.
G. The Dicaaterfaggs shall grant or deny the application in accordance with
the provisions of this Section, and so notify the applicant as follows:
1. The Diceeta:Cagg shall write or stamp "Granted" or "Denied" on the
application and date and sign such notation.
2. If the application is denied, the Direstettara shall attach to the application
a statement of the reasons for the denial.
3. If the application is granted, the Difeateriales shall stamp "Approved" on
the application.
H. The 000 shall grant the application and issue the adult business
regulatory permit unless the application is denied based upon one (1) or more of the
criteria set forth in subsection J below.
I. If the Direelarigliga grants the application, the applicant may begin
operating the adult business for which the permit was sought, subject to strict compliance
with the development and operational standards and requirements of this Chapter. The
permit holder shall post the permit conspicuously in the premises of the adult business.
J. The DWa ee fag shall deny the application for any of the following
reasons:
1. The adult business does not comply with the zoning and location standards
found in Section 9279.2.
2. The adult business does not comply with the development, operational or
performance standards found in this Chapter.
3. The permit applicant, his or her employee, agent, partner, director, officer,
shareholder with a ten percent (10 or greater interest, or manager has made any false,
misleading, or fraudulent statement of material fact in the application for an adult
business regulatory permit or in any report, record, or document required to be filed with
the application, the Police Department, Sheriff, other law enforcement agency, or other
department of the City.
4. The permit applicant is under eighteen (4-111A) years of age.
5. The required application fees have not been paid.
6. The permit applicant, if an individual, or any shareholder, partner, officer,
director or other party possessing a ten percent (10 or greater interest, if a partnership
or corporation, has:
(a) Pled guilty or nolo contend= or been convicted of an offense classified by
this or any other state as a sex or sex-related offense; and
(b) (43) Less than two (2) years have elapsed between the date of conviction or
plea, or the date of release from confinement for a conviction or plea, whichever is the
later date, and the date of application if the conviction or plea is a misdemeanor; or
Less than five (5) years have elapsed between the date of conviction or plea, or the date
of release from confinement for a conviction or plea, whichever is the later date, and the
Ord. No. 2263
Additions, amendments deletions
Attachment IC' page 37 of 41
Additions are
Amendments where wording has been moved are green, gam or elsUcat A, 'Arler
Deletions are
Unchanged language Is shown in black, 'Times New Roman'
Explanatory notes are in highlighted, italicized Adel'
date of application if the conviction or plea is a felony; or (V) Less than five (5) years
have elapsed between the date of the last conviction or plea, or the date of release from
confinement for the last conviction or plea, whichever is the later date, and the date of
application if the convictions or pleas are two (2) or more misdemeanors or a
combination of misdemeanor offenses occurring within any twenty -four (24) month
period.
7. Within the past eighteen (18) months the applicant, including, but not
limited to, an owner, partner or shareholder with a ten percent 10% or greater financial
interest has been found to have violated any provision of this Chapter, has had an adult
oriented business permit or similar entitlement permitting the establishment of an adult or
sexually oriented business revoked, regardless of whether such revocation occurred
within the City or in some other jurisdiction.
K. An applicant cannot re -apply for an adult business regulatory permit for a
location for which the applicant previously submitted an application within one (1) year
from the date of prior denial
L. Any affected person may appeal the decision of the Director in writing in
accordance with the provisions of Section 6807.
97. 6807. DENIAL, SUSPENSION OR REVOCATION OF ADULT BUSINESS
REGULATORY PERMITS APPEAL PROCEDURE.
A. On determining that they- grounds for permit denial, suspension or revocation
exist, the DiFestellag shall fbr ish written notice of the
action to the license inkier or
-�Ii I�IHI�f H.. 1 1,..,11 1.4 1,
11
s, «..,,,i ■1,1 ..I 1)
Such notice shall set forth the
the pertinent Arcadia
Municipal Code Sections, and a brief statement of the factual matters in support thereof.
The notice shall be mailed, postage prepaid, addressed to the jag known address of the
pmt ld or shall be delivered to the permit
applieant er-pe t holder personall
fequireineRtsk
Durine anv anneal to the Business License Ftsvfew
card. the annlicant or nermit holder shall have the right to offer testimonial,
documentary, and tangible evidence bearing upon the issues and may be represented by
counse1.2, The Board shall not be bound by the formal rules of evidence.S,— Any
hearing under this 8eeatlengggpB may be continued for a reasonable time for the
convenience of a party or &witness at the request of the
helderkaggig. Extensions of time or continuances sought by a
heldetragge shall not be considered delay on the part of the City or constitute failure
by the City to provide for prompt decisions on
Ord. No. 2263
Additions, amendments deletions
Attachment 'C' page 38 of 41
Additions ors kilabikagadladiglialdb-
Amendments where wording has been moved are green, 14 or atrlKs- 1hrei4h,
Deletions are
Unchanged language is shown in black, 'Times New Roman'
Explanatory notes are In highlighted, italicized 'Mal'
If the Board finds and determines that there are
grounds for denial, suspension or revocation, the Board shall impose one of the
following:
a. Denial of the permit or conditional granting of the permit;
b. Suspension of the permit for a specified period
im ow nieRthenac or
c. Revocation of the permit.
The Board shall render a written decision that shall be hand delivered or overnight
mailed to the permit holder within five (5) working days of the Board convening to
render its decision.
IC. A permit may be suspended or revoked based on the following causes
arising from the acts or omissions of the permit holder, or an employee, agent, partner,
director, stockholder with a ten percent (10%) or greater interest, or manager of the
permittee (unless an entertainer is an employee, any entertainer shall be deemed to be an
agent of the permittee for purposes of this Chapter):
1. The use or building, structure, equipment, or location used by the adult
business fails to comply with applicable building, fire, electrical, plumbing, health, and
those zoning requirements of the Arcadia Municipal Code or this Chapter relating to
adult businesses, including the adult business development and operating standards
contained in Section 6805.
2. The permit holder has failed to obtain or maintain all required City, County,
and State licenses and permits.
3. The permit holder has made any false, misleading, or fraudulent statement
of material fact in the application for an adult business regulatory permit.
4. The permit is being used to conduct an activity different from that for which
it was issued.
5. The permit holder has failed to submit and/or update the information
pertaining to performers in accordance with Section 6803(BX8).
6. An adult business has been operated without a responsible adult on the
premises, officially acting in the capacity of manager, at all times during which the
business is open or operating.
7. That a permittee, including, but not limited to, an owner, partner, or
shareholder with a ten percent (10 or greater financial interest, or employee of an adult
business, has plod guilty or nolo contendere or been convicted of an offense classified by
this or any other state as a sex related offense and: (a) less than two (2) years have
elapsed since the date of conviction or the date of release from confinement of conviction
to the date of application, whichever is the later date, if the conviction is a misdemeanor,
(b) less than five (5) years have elapsed since the date of conviction or the date of release
from confinement of conviction to the date of application, whichever is the later date, if
the conviction is a felony; or (c) less than five (5) years have elapsed since the date of the
Ord. No. 2263
Additions, amendments deletions
Attachment 'C' page 39 of 41
Additions are illarjudjundadigedzawalitra
Amendments where wording has been moved are green, double-underling!, or strilte4hretql4, 'Mal'
Deletions are
Unchanged language is shown in black, 'Times New Roman'
Explanatory notes are In highlighted, Italicized 'Ariel'
last conviction or the date of release flrom confinement for the conviction to the date of
application, whichever is the later date, if the convictions are two (2) or more
misdemeanors or combination of misdemeanor offenses occurring within any twenty -four
(24) month period.
8. That an individual employed by the adult business has been convicted of
two (2) or more sex- related offenses that occurred in or on the licensed premises within a
twelve (12) month period and was an employee of the adult business at the time the
offenses were committed.
9. That the use for which the approval was granted has ceased to exist or has
been suspended for more than six (6) months.
10. That the transferee/new owner of an adult business or adult business
regulatory permit fails to comply with the requirements of Section 6806.
11. The permit holder, employee, agent, partner, director, stockholder with at
least a ten percent (10 interest in the business, or manager has knowingly allowed or
permitted, and has failed to make a reasonable effort to prevent the occurrence of any of
the following on the premises of the adult business; or a permittee has been convicted of
violating any of the following State laws on the premises of the adult business:
a. Any act of unlawful sexual intercourse, sodomy, oral copulation, or
masturbation.
b. Use of the establishment as a place where unlawful solicitations for sexual
intercourse, sodomy, oral copulation, or masturbation openly occur.
c. The occurrence of acts of lewdness, assignation, or prostitution, including
any conduct constituting violations of Sections 315, 316, 318 of the California Penal
Code.
d. Any act constituting a felony involving the sale, use, possession, or
possession for sale of any controlled substance specified in Sections 11054, 11055,
11056, 11057, or 11058 of the Califomia Health and Safety Code.
e. Any conduct constituting a criminal offense which requires registration
under Section 290 of the California Penal Code.
f. An act or omission in violation of any of the requirements of this Chapter if
such act or omission is with the knowledge, authorization, or approval of the permit
holder or is as a result of the permit holder's negligent supervision of the employees of
the adult facility. This includes the 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.
C.DJn the event a permit is revoked (or suspended) pursuant to this Section,
another adult business regulatory permit to operate an adult business shall not be granted
to the permittee, or any other owner, manager, director, board member or immediate
family member of any of the above within eighteen (18) months after the date of such
revocation (or if suspended, during the period of suspension) or as otherwise ordered 1 by
Ord. No. 2263
Additions, amendments deletions
Attachment 'C' page 40 of 41
Additions are
Amendments where wording has been moved are green, giggkWagealaci, or stfik.- 'Ariat'
Deletions are
Unchanged language is shown in black, 'Times New Roman'
Explanatory notes are in highlighted, ltallalzed 'Mal'
D-L.Notwithstanding any other provision of this Code, the decision of the
Business License Review Board on any suspension or revocation shall-be-deemed
Ceeticm 6216.9.
98. 6808. JUDICIAL REVIEW.
A Dee of fie Bw ev Boud tmv lfe waled ro 1Le
B.
iqaluds time for a court challenge to a decision of the City Coup ypder
sections 6702 and/or 6703 is Rimmed by California Code of Civil Procedure Sootiest
1094.8.
C.
once of the Business
Agligsp under Sections 6702 and/or 6703 shall include citation to California Code of
Civil Procedure 6 1094.8
D.
Cectim 6702 and/or 6703 shall be afforded prompt judicial review of that decision as
provided by California Code of Civil Procedure Seeder 1094.8.
Ord. No. 2263
Additions, amendments deletions
Attachment 'CI page 41 of 41