City of Santa Monica, CA REGULATORY RESTRICTIONS ON DESIGNATED BUSINESS ACTIVITIES

Any person or entity conducting any of the business activities described in Section 6.14.050 of this Chapter shall first obtain a permit to conduct such business from the City prior to engaging in any such activities within the City. In order to obtain such a permit, a written application shall be filed with the City, which application shall contain a statement of intention as to the location and extent of the premises, if any, to be occupied, and in addition, such application for a permit to engage in any of the businesses requiring a permit shall contain the name of any person financially interested in the business in any manner.

The Chief of Police, within a reasonable time after submission of such application or renewal, shall conduct an investigation, in such manner as he or she deems appropriate, in order to ascertain whether such permit should be issued as requested. The Chief shall approve and the City shall issue such permit as requested unless, as a result of said investigation, he or she finds by a preponderance of the evidence, any of the following:

(1)

The business will be in violation of any applicable laws or regulations if permitted in the location requested in the application; or

(2)

The applicant, including, but not limited to, the applicant's employees directly engaged in the activity has, within five years of the date of application, been convicted of any crime which is substantially related to the qualifications, functions or duties of the business or profession for which application is made. A conviction within the meaning of this action means a plea or verdict of guilty or a conviction following a plea of nolo contendere; or

(3)

Any applicant, or employee of the applicant directly engaged in the activity, has, within five years of the date of the application, committed an act which, if done by a licensee or permittee under this Chapter, would be grounds for suspension or revocation of a license or permit; or

(4)

Any applicant, or employee of the applicant directly engaged in the activity, has, within five years of the date of application, committed an act involving dishonesty, fraud or deceit with the intent to substantially benefit him, her or another or substantially to injure another, or an act of violence, which act or acts are substantially related to the qualifications, functions or duties of the business or profession for which application is made; or

(5)

The applicant has made a material false, misleading or fraudulent statement of fact to the City in the application process;

(6)

A warrant has been issued by a court of competent jurisdiction currently authorizing the arrest of the applicant.

(c)

The Chief of Police may develop criteria to aid him or her when considering the denial, suspension or revocation of a license or permit to determine whether a crime or act is substantially related to the qualifications, functions or duties of the business or profession for which application is made. Such criteria, if developed, shall contain provisions for granting the application of any person convicted of a felony provided the applicant has obtained a certificate of rehabilitation under Penal Code Section 4852.01 et seq., or if a misdemeanor, that the applicant establishes to the satisfaction of the Chief of Police that he or she is rehabilitated.

(d)

When the Chief of Police finds from the investigation that any of the facts specified above are present, he or she shall decline to issue the requested permit within thirty calendar days from the date of the permit application. Any decision of the Chief of Police with respect to the denial or conditional approval of any such permit shall be subject to an appeal by the aggrieved applicant, provided that the appeal is taken within the time and in the manner set forth in Section 6.16.010 et seq., of this Code.

(e)

The Chief of Police may condition the issuance of any permit to ensure compliance with this Chapter and other applicable laws.

(f)

Permits issued hereunder shall be effective for the same period as the business license issued pursuant to such permit. Upon the expiration of the permit, an application for renewal shall be filed in a like manner as an application for an original permit, and such renewal permit shall be granted only when the requirements for the issuance of an original permit are met. Permits issued hereunder shall not be assignable or transferable in any manner.

(Amended by Ord. No. 2458CCS § 3, adopted 5/27/14)

§ 6.14.030 Amusement zones.

No person shall carry on, conduct or manage any game of amusement or game of skill for commercial or mercantile purposes as his or her principal business within the corporate limits of the City, other than that area lying within the following boundaries: that certain area of the City located along the beach front public way commonly known as "The Promenade" and that certain area consisting of the Santa Monica Pier, provided that any such game of amusement or skill shall be consistent with applicable zoning regulations.

The amusement games, or games of skill, referred to herein shall not include those games now being conducted, operated or managed, or hereafter licensed within the City known as "marble games, pool, billiards and bowling."

(c)

This Section shall not be construed as preventing the licensing of other games in business establishments where such game or games are purely incidental to, and not the main business therein conducted.

(d)

Nothing in this Section shall be construed as licensing or permitting the carrying on, conducting or managing of any amusement game or game of skill, which is carried on, conducted or managed for commercial or mercantile purposes, which is in violation of any laws of the State of California or the Code of the City.

(Amended by Ord. No. 2458CCS § 3, adopted 5/27/14)

§ 6.14.040 Fortunetelling.

No person shall provide, or cause to be provided, fortunetelling services and demand or receive, directly or indirectly, a fee or reward, or accept any donation for the exercise or exhibition of fortunetelling services, or give an exhibition of fortunetelling services at any place where a fee, donation or reward is charged or received, directly or indirectly, as a condition of entry without having first obtained a business license from the City. Fortunetelling services shall include, but not be limited to, the telling of fortunes, forecasting of futures, or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force, psychic reading, occult reading, clairvoyance, clairaudience, cartomancy, psychometry, phrenology, spirits, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, tarot card readings, tea leaves, telepathy or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, or magic of any kind or nature.

(Added by Ord. No. 2458CCS § 3, adopted 5/27/14; amended by Ord. No. 2606CCS § 3, adopted 4/9/19)

§ 6.14.050 Business activities requiring police permits.

The following business activities require a police permit:

Entertainment in bar, nightclub or restaurant.

Firearm sales.

(c)

Secondhand dealers. Restrictions on secondhand dealers are set forth in Sections 6.88.010 through 6.88.150 of this Code.

(d)

Massage technician or massage establishment, except that no police permit is required if the technician qualifies for an exemption pursuant to Section 6.104.170 of this Code.

(e)

Pawnbroker. This category includes the business of loaning money upon any personal property, personal security, or purchasing personal property and reselling or agreeing to resell such articles to the vendor or other assignees at prices previously agreed upon.

This category does not include the loaning of money on personal property or personal security by any bank authorized to do so under the laws of the State of California. Nothing contained herein shall authorize the Director of Finance to issue any pawnbroker's license so that the number of pawnbrokers licensed to operate within the City at any one time shall exceed a total of four. Each person now holding a business license for the purpose of operating a pawnbroker business within the City of Santa Monica shall have the right to renew such license each year. However, if his or her license has been revoked or is not renewed within sixty days after the date of its expiration, the Director of Finance shall be authorized to issue such a license to the person whose application is on file in the office of the Director of Finance for a pawnbroker's license carrying the earliest filing date. In no event shall a pawnbroker's license be issued to any person, except a renewal of a previous license, when such license would increase the total number of pawnbroker's licenses in the City to a number greater than four.

(f)

Tow truck operator. Tow truck operators are entities that operate tow trucks as defined in California Vehicle Code Section 615. Tow truck operators shall only use tow truck drivers who comply with California certification requirements as defined in the California Vehicle Code Section 2430.5.

(Amended by Ord. No. 2458CCS § 3, adopted 5/27/14)

§ 6.14.060 Auto parks.

Auto Parks. Automobile storage or parking space upon any lot or parcel of land or in any structure designed or used for paid parking or storage of motor vehicles. No fee shall be required for parking lots or structures designed and used exclusively for free parking or storage in connection with any commercial or industrial operation and in a district in which such off-street parking is permitted under the provisions of Article 9 of this Code.

(1)

Auto Parks - Application. Before any permit or license may be issued, the applicant shall file an application with the City showing plats and plans of the parcel of land or structure to be used for automobile parking indicating, but not limited to, the following:

Boundaries;

Adjoining houses, apartment houses and structures of any nature whatever;

(C)

Number of square feet for the parking of automobiles;

(D)

Actual layout of parking spaces, to scale. The layout of parking spaces shall conform to the City's current parking standards. Dimensions for all parking stalls, aisles and driveways must be shown on the parking layout;

(E)

Interior traffic patterns, with the direction of traffic flow indicated by arrows in aisles and driveways;

(F)

Schedule of prices to be charged.

The application shall be referred to the City Parking and Traffic Engineer, who shall approve, disapprove or amend the proposed arrangement with respect to compliance with the provisions of this Code relating to construction standards and the location of points of ingress from or egress to public streets. Upon approval by the City Parking and Traffic Engineer, the City may issue a permit for the conduct of such auto storage or parking operation.

(2)

Auto Park Signs. Every person carrying on the business of the storage or parking of automobiles shall post signs in conspicuous places or at the point of entrance indicating the rates to be charged for services rendered and the hours of attendant operation. Such signs shall comply with the provisions of Chapter 9.52 of this Code, and also with the following regulations: letters and figures on such signs indicating the rate to be charged shall be not less than six inches in height with a one-inch stroke width. When different rates are to be charged for varying lengths of time parked, the rate for the first increment of time shall be displayed in letters not less than six inches in height with a one-inch stroke width. Rates to be charged for the second and successive time increments shall be displayed in letters not less than three inches in height with a stroke width of three-quarter inches. No rates or time increments shall be posted in letters smaller than one-half the size of the largest letters used on any sign to denote time or rate increments. Figures and letters displaying the name of the operator, or permittee, and the hours of operation shall be displayed in letters not less than two inches in height with a one-quarter-inch stroke.

(3)

Validated Parking. When parking is permitted on any lot for any period of time at no charge to the customer, with or without the validation or endorsement of a parking ticket or receipt by one or more third party participants, signs may also state the words "FREE PARKING" or "FREE PARKING WITH VALIDATION," provided that:

The letters of any such words shall not be less than six inches in height;

When used, the words "WITH VALIDATION" shall not be less than three inches in height;

(C)

The sign shall clearly state, in letters not less than three inches in height, the amount of time such free or validated parking provides.

(4)

Auto Park Barriers.

No person shall park any automobile where any portion of such vehicle extends over any public right-of-way. Guardrails or other barriers shall be placed on the parking lot to prevent automobiles from passing over any portion of the public right-of-way other than a driveway expressly designed for the movement of vehicles. Types and design of guardrails or barriers shall be subject to the approval of the City Parking and Traffic Engineer.

Wheel stops not less than six inches in height and of a type and design approved by the City Parking and Traffic Engineer shall be placed not less than three feet from any adjacent property where vehicles, in accordance with the design submitted by the applicant, can only head into the designated parking space. Such stalls shall have signs in each parking space reading "Head in Only." Where vehicles will back into the designated stalls, as indicated on the plot and plan required in subsection (a)(1) of this Section, such wheel stops shall be located not less than five feet from side property lines. When, in the opinion of the City Parking and Traffic Engineer, a particular hazard may exist to adjacent buildings or property, guardrails of a type and design approved by the City Parking and Traffic Engineer may be required to be installed. Where guardrails are required, no portion of the guardrail shall be installed nearer than six inches from such adjacent property or buildings, and wheel stops shall not be required.

(5)

Auto Parks - Soliciting, Surfacing, Etc.

No person operating a parking lot or space, shall solicit patronage by standing on the streets or sidewalks and requesting members of the public to use the parking lot or space.

Plank entrances or exits shall not be allowed, except on special permit from the City Parking and Traffic Engineer.

(C)

No person shall back out of parking lots into the street.

(D)

The entire surface of every licensed public parking space, licensed public parking lot, or parking lot operated in connection with a commercial or industrial building or operation in which free parking is provided for clients, customers, employees or tenants, shall be covered and paved with an application of asphalt concrete with a minimum thickness of two inches, or Portland cement concrete with a minimum thickness of six inches. However, if any lot has, as of the effective date of the ordinance codified in this Chapter, a surface consisting of liquid asphalt, decomposed granite or gravel, and said surface does not, in the opinion of the City Parking and Traffic Engineer, constitute a dust or mud nuisance, the lot shall not be required to be paved as described above until the surface thereof does, in the opinion of the City Parking and Traffic Engineer, constitute such a dust or mud nuisance, or until the expiration of twelve months from the effective date of the ordinance codified in this Chapter, whichever occurs first.

Every provision of subsection (a) of this Section shall apply equally to parking lots or structures in which a fee is charged and to those in which free parking is provided for clients, customers, employees or tenants of commercial or industrial buildings or operations except that no license fee shall be required where no charge is made to any person for parking.

(Added by Ord. No. 2458CCS § 3, adopted 5/27/14)

§ 6.14.090 Police permit fees.

No application for a police permit or the renewal thereof shall be accepted unless the application is accompanied by the current fees required for such permit. Police permit fees shall be set by resolution of the City Council.

(Amended by Ord. No. 2458CCS § 3, adopted 5/27/14)

§ 6.14.100 Fingerprint fees.

In addition to the fees required by Section 6.14.090, the City Council may establish by resolution a fee for the fingerprinting of applicants for police permits required by any provisions of this Code, or for any person desiring to use the fingerprinting services of the Police Department, which services may or may not include processing of said fingerprints. The City Council may review the fee so established annually.

(Amended by Ord. No. 2458CCS § 3, adopted 5/27/14)

§ 6.14.110 Revocation of police permit.

Any permit issued by the Chief of Police pursuant to this Code may be suspended or revoked by the Chief of Police in the following situations:

(1)

When it shall appear that the permitted business or activity has been conducted in a disorderly manner or in violation of any applicable Federal, State or local law or regulation, including any provision of this Code.

(2)

When subsequent to issuance of the permit, the permittee has been convicted of a crime that is substantially related to the qualifications, functions or duties of the permitted activity.

(3)

When the permitted business or activity has become detrimental to the public health or welfare or when the permit is being used for a purpose different from that for which it was issued.

(4)

If the permittee, or any employee or agent of the permittee, fails to comply with conditions of the permit or fails to comply with lawful orders issued by City personnel charged with regulating or enforcing this Chapter.