In addition to the payment of any business tax as provided for in this title, certain businesses, professions, trades or occupations as set forth in the chapter shall first obtain, as provided in this chapter, a permit to operate said business, profession, trade or occupation within the City of Costa Mesa. No person shall operate a business, profession, trade or occupation as hereinafter set forth without first obtaining a permit to do so. The director of finance or his authorized deputy shall not issue a business tax registration certificate or accept a business tax payment from any person to conduct a business, profession, trade or occupation as hereinafter set forth unless said person has in his existence a valid and unexpired permit to perform said business, profession, trade and/or occupation.
(Ord. No. 74-69, § 2, 1-7-75)
It is the intention of this chapter to provide a special permit procedure for those businesses enumerated in this chapter. The omission to enumerate other businesses and activities covered in other sections of this Code requiring permits or subject to franchise shall not be deemed or construed as an intention upon the part of the city council to relieve said businesses or occupations from the permit procedure or franchise procedure under which they may be governed by other sections of this Code or state law.
(Ord. No. 74-69, § 2, 1-7-75)
"Issuing officer" shall mean the city council of Costa Mesa, the city manager, the director of finance, the fire chief, the chief of police, or the director of economic and development services, as applicable, including such person's designee.
(Ord. No. 74-69, § 2, 1-7-75; Ord. No. 15-13, § 1, 11-17-15; Ord. No. 21-09, § 2, 6-15-21)
Said issuing officer shall formulate all necessary rules and regulations governing the application and investigation for such permit.
(Ord. No. 74-69, § 2, 1-7-75)
Said issuing officer shall have the power to grant or deny a permit. Except as otherwise provided in this title, all special permits required by this title shall be issued by the issuing officer wherein any pertinent evidence shall be received and considered by the issuing officer in determining, in accordance with the following principles, whether such a permit should be granted or denied. Upon receipt of an application for a permit under this title, the same shall be referred by the director of finance to the appropriate agencies for investigation and report pertaining to relevant zoning, building, health, safety, fire law enforcement and other factors and upon receipt of said reports, the matter shall be reviewed by the issuing officer. At this time, the issuing officer shall consider and review all reports and any relevant material evidence.
If a permit be denied, the permit fee shall not be refunded.
The issuing officer or the city council, as the case may be, shall have the right to refuse to grant any permit if it determines that the granting of the same or the conduct of the business will be contrary to the preservation of the public peace, health, safety, or welfare of the city or its inhabitants. In addition, no permit shall be granted if:
(a) 
The granting of the permit would result in the establishment of the use or occupancy of land in violation of the zoning ordinance, zoning law or zoning map of the city;
(b) 
The granting of the permit would result in an occupancy or use in violation of any other provision or regulation of this Code;
(c) 
The granting of the permit would be contrary to any other standards or provisions of this title applicable thereto;
(d) 
The granting of the permit or occupancy or use pursuant thereto would result in the creation or maintenance of a public nuisance;
(e) 
The granting of the permit by reason of special or unusual circumstances would be detrimental to the public interest or endanger the public health, safety, or welfare;
(f) 
The applicant therefor is a person unfit to be trusted with the privileges granted by such a permit and it is in the public interest that he not be granted such a permit;
(g) 
The applicant therefor has knowingly made a false statement on a material matter in his application or in his testimony before the issuing officer or city council and it is, therefore, in the public interest that he not be granted such a permit.
In granting any such permit, the issuing officer or city council, as the case may be, may in the application of the aforementioned standards and principles, and in order to protect the public peace, health, safety, and welfare impose reasonable conditions or regulations pertaining to the conducting of such business or the occupancy or use of any land or building in connection therewith in addition to, but not limited thereby, those regulations contained in this chapter where necessary, in order to protect the public health, safety, peace, and welfare.
(Ord. No. 74-69, § 2, 1-7-75)
A business tax registration certificate or any other permit issued under this title may be revoked or suspended on the following grounds:
(a) 
Where said issuing officer has found and determined that the preservation of the public health, safety, peace and welfare necessitate revocation of said business tax registration certificate or permit.
(b) 
Where the applicant or permittee has violated any applicable provisions of this title, other provisions of this Code as defined in section 1-35, order of the health officer or the emergency services director and/or any other provision of law.
(c) 
Where a business tax registration certificate or permit has been granted on false or fraudulent evidence, testimony, or application.
(d) 
Where the applicant or permittee has violated the terms and provisions of said business tax registration certificate or permit.
Exception. Notwithstanding the foregoing or any other provision of this title to the contrary, licenses issued to chiropractors, laboratory technicians, dentists, medical doctors, opticians, physical therapists, nurses, psychologists, pharmacists, veterinarians, accountants, advertising architects, landscape architects, building designers, attorneys, barbers, engineers, collection agencies, contractors, cosmetologists, private detectives, funeral directors, shorthand reporters, structural pest control operations, land surveyors, ship brokers, cleaners and dyers, electronic repair dealers, real estate agents and brokers, marriage counselors, auto dealers, boxers and wrestlers, furniture and bedding dealers and manufacturers, manufacturers of paints, petroleum activities, dealers in secondhand goods, or any other business, profession or trade where the determination of issuance or revocation of the right of any person to engage in such business, profession, or trade is solely vested in a state board or agency and is not otherwise regulated by this Code, shall be issued upon filing the requisite application and payment of the requisite fees and shall not be subject to revocation or suspension except any such business tax registration certificate may be revoked for nonpayment of fees or upon revocation of the State Board or agency license.
(Ord. No. 74-69, § 2, 1-7-75; Ord. No. 21-09, § 2, 6-15-21)
(a) 
No business tax registration certificate or permit shall be revoked or suspended until said permittee has had an opportunity for a hearing before the issuing officer.
(b) 
Written notice of the revocation or suspension, the reasons therefore and the requirement to request a hearing shall be given by certified mail to a certificate holder or permittee's last known mailing address or by such other method reasonably calculated to provide notice.
(c) 
The revocation or suspension shall be final and effective after 10 calendar days following the date of mailing set forth in subsection (b), unless the certificate holder or permittee files an application for a hearing with the city clerk prior to such effective date. There shall be no cost to the certificate holder or permittee for such a hearing under this section.
(d) 
Except as otherwise provided in subsection (e) the hearing shall be commenced within 30 calendar days of the fling of an application for hearing. Hearings conducted pursuant to this section shall be open to the public, shall not be conducted according to the technical or traditional rules relating to evidence, and shall provide, personally or by counsel or both, an opportunity for certificate holder or permittee to defend and present evidence on their behalf. At least 10 calendar days prior to the hearing, certificate holder or permittee shall be provided with any documentation upon which the revocation or suspension is based. Following the close of the hearing the issuing officer shall within 30 days render a written decision whether or not to impose revocation or suspension.
(e) 
Notwithstanding the foregoing, the city manager or director of finance may suspend, pending a hearing, any business tax registration certificate or permit where it has been determined by said official that an immediate suspension of the business tax registration certificate or permit is necessary for the protection of the public health, safety, peace and welfare. In the event of such a suspension, the director of finance shall, within 12 hours after said suspension, cause to be served upon said business or permittee a written statement containing the grounds for said suspension, any written documentation upon which the revocation is based and a notice of hearing to show cause before the issuing officer why said permit should not be permanently revoked, which said hearing shall be commenced no later than five calendar days following the service of said notice unless the parties thereto agree otherwise, and thereafter followed by a written decision pursuant to subsection (d).
(Ord. No. 74-69, § 2, 1-7-75; Ord. No. 21-09, § 2, 6-15-21)
Unless otherwise stated in this title, the fee for filing an application for a permit pursuant to this chapter shall be payable in advance and set by resolution of city council. Permit fee is nonrefundable except when paid in duplicate or erroneously collected, and is in addition to any business tax which may be required of the permittee.
(Ord. No. 74-69, § 2, 1-7-75; Ord. No. 94-4, § 1, 3-7-94)
No permit issued under this chapter shall be transferable except by the consent of the city council or the issuing officer, as the case may be.
(Ord. No. 74-69, § 2, 1-7-75)
Each and every permit issued under the provisions of this title shall be valid until revoked by the city council or until the permittee is no longer conducting business within the City of Costa Mesa.
(Ord. No. 74-69, § 2, 1-7-75)
(a) 
Advertising by means of banners, benches, handbills, signs attached to real property other than bill-boards, sound trucks or vehicles with mechanical sound amplifiers attached thereto;
(b) 
Wheelchair bus services;
(c) 
Amusement games, rides or similar devices;
(d) 
Auction sales/closeout sales and other advertised sales conveying to the public that the business is ceasing its operation;
(e) 
Auto wrecking, disassembling and dismantling business;
(f) 
Christmas tree lots;
(g) 
House number painter;
(h) 
Itinerant merchant;
(i) 
Junk collector/dealer;
(j) 
Peddler, retail, door-to-door;
(k) 
Safe and sane fireworks sales;
(l) 
Solicitors for charitable purposes;
(m) 
Solicitors, door-to-door;
(n) 
Swap meet;
(o) 
Taxicab operators and taxicab drivers;
(p) 
Sidewalk sales and parking lot sales. The terms sidewalk sales and parking lot sales means the sale of merchandise from a retail establishment located in a permanent structure directly adjacent to the side-walk or parking lot used for the sale;
(q) 
Group homes, as defined in section 13-6, that have seven or more occupants;
(r) 
Sidewalk vending.
(Ord. No. 74-69, § 2, 1-7-75; Ord. No. 76-70, § 2, 12-20-76; Ord. No. 79-30, § 2, 12-17-79; Ord. No. 81-16, § 2, 11-16-81; Ord. No. 83-16, § 2, 7-18-83; Ord. No. 84-39, § 2, 10-15-84; Ord. No. 97-9, § 2, 4-21-97; Ord. No. 15-13, § 1, 11-17-15; Ord. No. 20-04, § 1, 3-3-20)
Any permit may be modified or the terms and provisions of any permit modified, amended or changed upon application and review before the issuing officer. Such application for a modification shall be processed in the same manner as the original application and shall be subject to the payment of fees and all the terms and provisions herein imposed in this chapter with respect to the processing of the original application.
(Ord. No. 74-69, § 2, 1-7-75)
(a) 
Advertising by sound trucks; advertising by street banners or signs on other than permanent billboards;
(b) 
Auto wrecking, disassembling and dismantling business;
(c) 
Taxicab operators;
(d) 
Solicitors for charitable purposes;
(e) 
Swap meet.
(Ord. No. 74-69, § 2, 1-7-75; Ord. No. 79-30, § 2, 12-17-79; Ord. No. 81-16, § 2, 11-16-81; Ord. No. 84-39, § 2, 10-15-84)
The director of finance may issue permits for the hereinafter named businesses without submission to the city council when he has obtained the necessary clearance from the law enforcement agency, health agency, or other investigating agency, and where he or she has received no evidence indicating that the public health, safety or welfare or the purposes of this chapter will be injured by the granting of such a permit, and where in addition there are no protests or objections to said permit. In the event any of the foregoing should exist, the director of finance may refer any of the hereinafter mentioned applications for hearing before the city council without considering the same him or herself. This section applies to the following enumerated businesses hereinbefore enumerated in this chapter under section 9-125.
(a) 
Advertising by handbills;
(b) 
Amusement games, rides, or similar devices;
(c) 
Auction sales, bankrupt stock sales (closeout sales), fire sales, foreclosure sales, lost our lease sales, quitting business sales and other advertised sales conveying to the public that the business is closing its doors;
(d) 
Christmas tree lots;
(e) 
House number painters;
(f) 
Itinerant merchant;
(g) 
Junk collectors/dealers;
(h) 
Safe and sane fireworks sales;
(i) 
Sidewalk sales and parking lot sales. The terms sidewalk sales and parking lot sales mean the sale of merchandise from a retail establishment located in a permanent structure directly adjacent to the side-walk or parking lot used for the sale;
(j) 
Sidewalk vending.
(Ord. No. 74-69, § 2, 7-7-75; Ord. No. 83-16, § 2, 7-18-83; Ord. No. 97-9, § 3, 4-21-97; Ord. No. 20-04, § 1, 3-3-20)
The chief of police may issue permits for the hereinafter named businesses without submission of the same to the city council when he or she has obtained no evidence indicating that the public peace, health, safety, or welfare or the purposes of this title will be injured by the granting of such a permit, and where in addition there are no protests or objections to said permit. In the event any of the foregoing should exist, the chief of police may refer any of the hereinafter mentioned applications for hearing before the city council without considering the same him or herself. This section applies to the following enumerated businesses hereinbefore enumerated in this chapter under section 9-125.
(a) 
Massage parlor, masseur, masseuse;
(b) 
Peddlers (door-to-door);
(c) 
Solicitors (door-to-door);
(d) 
Taxicab drivers.
(Ord. No. 74-69, § 2, 1-7-75; Ord. No. 79-30, § 2, 12-17-79; Ord. No. 81-6, § 2, 6-1-81; Ord. No. 81-16, § 2, 11-16-81)