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HomeMy WebLinkAboutItem 2b: Adopt Ordinance No. 2263 - Business Permit and License Review BoardORDINANCE 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. 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: 6118. 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: 6150. 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 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 all 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 Municipal 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 citations 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 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 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. 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: 6216.7. 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 total, hold a de novo hearing, 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 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 decision 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: 6216.10. 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: 6216.11. REINSTATEMENT. If either the final determination 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 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: 63a-2,14F-SAME CONTINUATION 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: agonts havo, in tho conduct of tho samo or any Similar bucinoss boon guilty of fraud, 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 Municipal 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 Article 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 state law (b) allowance of activities that are or become a public nuisance which includes the disruptive conduct of business patrons whether on or immediately off the premises where such patrons disturb the peace, obstruct traffic, damage property, engage in criminal conduct, violate the law and otherwise impair the free enjoyment of life and property. SECTION 35. Section 6314.1 of Article 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 Article 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 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 License 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 (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 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. 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 6 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 License 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 6426.2 of Article VI, Chapter 4, Part 2, Division 6 of the Arcadia Municipal Code is hereby amended to read as follows: 15 Ord. 2263 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: 6429.2.1. 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 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 meter 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 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 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 License 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 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 License 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 6613.8 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 License 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 License 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 6613.13 of Article VI, Chapter 6, Part 1, Division 3 of the Arcadia Municipal Code is hereby amended to read as follows: 23 Ord. 2263 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 6 of the Arcadia Municipal Code is hereby amended to read as follows: 6616.5. 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 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.) 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 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 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 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 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 governed 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 include 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: 6707. TIME LIMIT FOR FILING APPLICATION FOR LICENSE. 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 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. 29 Ord. 2263 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 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, 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. 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 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 overnight mailed to the permit 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. 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(B)(8). 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 pled 33 Ord. 2263 6808. 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 governed 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 include 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 Attorney Mayor of the City of Arcadia 35 Ord. 2263 DATE: November 17, 2009 TO: Mayor and City Council SUMMARY BACKGROUND STAFF REPORT Development Services Department FROM: Jason Kruckeberg, Development Services Director �L. 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 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. 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 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 modernize 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: na.42 Pemnr,s,,) 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 3of3