The rules and regulations provided in this chapter shall be
applicable to all businesses or persons requiring a permit pursuant
to this title except insofar as they may be inconsistent with the
specific provisions and requirements for those certain enumerated
businesses or activities listed separately in the succeeding chapters
to this title.
(Ord. 1181 § 1, 1992; Ord. 1376 § 5, 2005)
For the purpose of this title, the following words and phrases
shall have the meanings respectively ascribed to them in this section.
Words and phrases used in this title not specifically defined shall
be construed according to the context and approved use of the language:
means and includes activities that are not businesses but
which are otherwise regulated by this title, including but not limited
to, religious and charitable solicitations to the extent not regulated
specifically, dance clubs, and with respect to robbery and burglary
alarm systems: any residence, church, synagogue, temple, mosque or
other place of worship, nonprofit entities, and any other place that
is not a business, but which maintains an alarm system.
as used in this title, means and includes all kinds of vocations,
occupations, professions, enterprises, establishments, and all other
kinds of activities and matters, together with all devices, machines,
vehicles, and appurtenances used therein, any of which are conducted
for the purpose of earning a profit or livelihood whether or not a
profit or livelihood is actually earned thereby. Business shall include,
but is not limited to, trades and occupations of all and every kind
of calling carried on within the city, salesmen, professions, the
renting or supplying of living quarters, or rooms, or board, tenants
or occupiers in any other type of endeavor entered into within the
city for the purpose of earning a livelihood or profit whether paid
for in money, goods, labor, or otherwise and whether or not the business,
profession or trade has a fixed location in the city.
means the chief of police of the police department of the
city.
means the city of Fountain Valley.
means the city council of the city.
means the city manager, or in his or her absence, his or
her designee, of the city.
means all persons engaged in the operation or conduct of
any business, whether as an owner, any member of the owner's family,
agent, partner, manager, solicitor and any and all other persons employed
or working in such business within the city.
means the police department of the city.
means the finance director of the city or his or her designee.
means the document issued by the city, which allows a person
or business to conduct business or activities pursuant to the terms,
conditions and regulations described in this title.
as used in this title, means and includes the individual
natural person, partnerships, joint ventures, societies, associations,
trustees, trusts, or any corporations, or any officers, agents, employees,
factors, or any kind of personal representative thereof, in any capacity,
acting either for himself/herself, or for any person, under either
personal appointment or pursuant to law.
(Ord. 1181 § 1, 1992; Ord. 1376 § 6, 2005)
Businesses, persons or activities requiring a permit pursuant
to the terms of this title which additionally require any federal,
state or local regulatory license or permit, shall present evidence
to the license collector of satisfactory compliance with such regulations
prior to the issuance of any permit under this title. Additionally,
no permit shall be issued by the license collector to any business
or person that fails to present any land use permit or approval required
by the Fountain Valley zoning ordinance or that has failed to comply
with the provisions of any other regulation of this code having to
do with such business or activity.
(Ord. 1181 § 1, 1992; Ord. 1376 § 7, 2005)
(b)
Unless
otherwise stated, any present or future modifications or amendment
to Title 4 or 5 shall not be construed to affect the following:
(1)
The prosecution for any violation committed prior to any present
or future modification or amendments of Title 4 or 5;
(2)
The validity of any bond or cash deposit required by an ordinance
to be posted, filed or deposited and all rights and obligations pertaining
to any such bond or cash receipt; and
(3)
The payment of any license of penal provision applicable to any violation
committed prior to any present or future amendments or modifications
to this title.
(Ord. 1181 § 1, 1992; Ord. 1376 § 8, 2005)
Certain information on applications filed pursuant to the provisions
of this chapter for the purposes of obtaining a permit shall be deemed
confidential in character and shall not be subject to public inspection.
It shall be the duty of the license collector to preserve and keep
the statements so that confidential information may not be known except
to persons required by law.
(Ord. 1181 § 1, 1992; Ord. 1376 § 9, 2005)
Unless otherwise specified, all applications for permits pursuant
to this title shall be in writing and upon a form issued by the license
collector. Each form shall ask for general information for each business
or activity; specific information for each type of business or activity
may be required to be submitted to the city to conduct its investigation
or to maintain its records concerning the business or activity. General
information on the application shall include:
(1)
The
name, including any aliases, the date of birth, driver's license number,
social security number and physical description of a natural person
that is the applicant or is a partner, officer or director if the
applicant is not a natural person;
(2)
Information
as to whether the applicant is an individual, partnership or corporation
or joint venture;
(3)
The
full legal name of the business as well as the precise name under
which the business will be conducted;
(4)
The
signature of the owner of the business if it is run by an individual,
the signatures of the partners if the business is a partnership, or
the signatures of the president and secretary if the business is a
corporation;
(5)
The
home and business addresses and telephone numbers of the owner if
the business is run by an individual, the home and business addresses
and telephone numbers of the partners if the business is a partnership,
or if the business is a corporation, the home and business addresses
and telephone numbers of all corporate officers of the business and
all stockholders of the business holding greater than five percent
of the stock in the business unless the stock of the corporation is
registered with the Securities and Exchange Commission;
(6)
If
the business is a corporation, a certified copy of the articles of
incorporation shall be submitted with the application along with a
copy of its most recent statement of domestic stock corporation;
(7)
A
statement on the application as to whether the applicant has been
convicted, pled guilty or pled nolo contendere to any felony, misdemeanor,
municipal ordinance, traffic violation or other crime, the nature
of the offense and the penalty or punishment assessed therefor;
(8)
A
statement as to whether the applicant holds or has held a permit from
any other state, municipality, governing body or licensing authority;
a list of such permits and a statement of the time, place and by whom
issued; a statement as to whether any state, municipality, governing
body or licensing authority has ever revoked a permit held by the
applicant and if so, a full and accurate statement describing the
reasons for any such revocation;
(9)
A
statement on the application acknowledging that any false information
stated on the application is subject to prosecution under penalty
of perjury.
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Neither the filing of an application for a permit or renewal
thereof nor the payment of an application or renewal fee shall authorize
a person to conduct business until such permit has been granted or
renewed.
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(Ord. 1181 § 1, 1992; Ord. 1376 § 10, 2005)
The license collector shall, upon receipt of the application,
forward copies of the application and any attachments to the chief
of police and to any department affected by such business. The chief
of police and each such department shall investigate and respond in
writing to the license collector with recommendations on the application.
If, as the result of such investigations, the character and
business responsibility of the applicant are found to be satisfactory,
all affected city departments shall endorse on the application its
approval and forward the application to the license collector of the
city. Such approval by city departments shall contain the signature
of the approving officer and shall show the name, address and, when
required, photograph of the permittee, the kind of business to be
conducted by the permittee, the date of approval and, if necessary,
a description of any vehicle used in such business.
(Ord. 1181 § 1, 1992)
(a)
The
license collector, after review and investigation, may grant or deny
a permit application. Within sixty days after the receipt of the application,
the license collector shall mail to the applicant a postageprepaid
notice as to whether the permit has been granted or denied. If the
license collector should deny the application, the notice shall also
inform the applicant as to the reasons why the permit was denied and
inform the applicant of their right to an administrative hearing before
the city manager as provided in this chapter.
(b)
Any
permit described in this title may be denied for the following reasons:
(1)
If the license collector finds that the granting of such a permit
will be a detriment to the health, safety and welfare of the public;
(2)
If the applicant provides fraudulent or false information on the
permit application;
(3)
If the application can be denied based upon specific application
denial conditions for that permit as stated in the various sections
and chapters of this title;
(4)
If all required fees have not been paid; or
(5)
If the applicant does not fully cooperate in the investigation of
the permit application.
(c)
The
license collector may, if such permit is granted, impose such terms,
conditions, and restrictions upon the operations and conduct of the
person or business as may be deemed necessary or expedient to protect
the public peace, health, safety, morals or welfare of the citizens
of the city.
(d)
The
license collector also may, in those cases where it is deemed that
the public interest will be best served, refer the granting of the
permit directly to the city manager for hearing thereon without taking
further action. The decisions of the license collector with respect
to the application shall be final unless appealed as provided in this
chapter.
(Ord. 1181 § 1, 1992; Ord. 1376 § 11, 2005)
Whenever a permit has been denied, the applicant shall be barred
from reapplying for one year from the final date of denial.
(Ord. 1214 § 1, 1994)
(a)
Any
permit granted or issued pursuant to the provisions of the title may
be revoked after an administrative hearing before the city manager.
The permit may be revoked under the following circumstances:
(1)
Where the license collector finds and determines that the preservation
of the public health, safety and welfare demand revocation of the
permit;
(2)
When the permittee has violated any provisions of Title 4 or any other general provisions of this title and/or any of the specific provisions defined in the various chapters of this title;
(3)
Where the permit has been granted pursuant to fraudulent or false
information contained in the application; and
(4)
Where the permittee has violated any terms or conditions of the permit.
(b)
Notice of revocation shall be mailed to the permittee, postage prepaid, stating grounds of the revocation. Upon receipt of the notice of revocation, the permittee may file an appeal with the city clerk as described in Section 4.04.120. Whenever a permit is revoked, no other application for a permit to carry on a similar business by such a person shall be considered for a period of one year, though the period of time may be longer if the different chapters of this title make specific references to such a period of time.
(Ord. 1181 § 1, 1992)
Pending a revocation hearing pursuant to the terms of this chapter,
a permit may be subject to immediate suspension if it is found necessary
for the protection of the public health, safety or welfare. Such suspension
shall only be instituted upon the recommendation of the local law,
health, fire and code enforcement agencies or upon the recommendation
of the city manager.
In the event of such a suspension, the city manager shall within
forty-eight hours after the suspension, cause to be served upon the
permit holder a written statement containing the grounds for suspension
and a notice of hearing to show cause before the city manager as to
why the license should not be suspended pending revocation hearings.
Such hearing before the city manager shall be held not later than
ten days following the service of the notice.
(Ord. 1181 § 1, 1992)
In the event that a permit application is denied, the revocation
of a permit is proposed, or a person is otherwise aggrieved by a decision
made by the license collector or any other official of the city pursuant
to this title or Title 5 of the Fountain Valley Municipal Code, an
administrative hearing shall be held before the city manager to determine
the legitimacy of such permit application denial, proposed permit
revocation or other such grievance related to the license collector
or other city official's decision pursuant to the provisions of this
title.
A request for an administrative hearing must be received in
writing by the city manager within ten days of the time that the license
collector or other official mails their decision to the applicant
or permittee. The request must be received on normal working days
during normal business hours. If the request is received after ten
days from the time the city official's decision was originally sent,
the city official's original decision shall be considered final and
the request nullified.
The city manager shall respond to the applicant's or permittee's
request for an administrative hearing within ten days if the request
is received within the ten days of the time the original decision
was sent. The city manager shall schedule an administrative hearing
with the applicant or permittee within twenty days of the receipt
of the request. The notice of hearing shall be mailed to the applicant,
postage paid, no later than ten days before scheduled date of the
hearing unless waived by the applicant.
At the hearing, the applicant or permittee and the license collector
shall present any and all evidence that they believe shall be relevant
to their positions concerning the original decision. Due process shall
be afforded commensurate with the rights at issue.
After completion of the hearing, the city manager shall state in writing his or her decision and shall mail his or her decision to the applicant or permittee within ten days of the date of the hearing. Upon receipt of the city manager's decision, the applicant or permittee may appeal the decision as described in Section 4.04.120.
(Ord. 1181 § 1, 1992)
(a)
Right
to Appeal. Any person aggrieved by any decision of the city manager
made pursuant to the provisions of this title or Title 5 of the Fountain
Valley Municipal Code, may appeal the decision to the city council.
An appeal shall be filed by the aggrieved party with the city clerk
no later than fourteen days after the notice of the city manager's
decision is mailed. The application for appeal shall state the following:
(1) The name and address of the applicant; (2) the date of the decision
in question; (3) the date the decision is mailed; (4) the reasons
for the hearing; and (5) the grounds relied upon for relief. The application
shall be accompanied by a nonrefundable fee to be set forth by city
council resolution.
(b)
Failure
to Request Appeal. If an application for appeal is not received by
the city clerk within fourteen days of the time the city manager's
decision was mailed to the aggrieved party, the decision of the city
manager shall become final and conclusive.
(c)
Notification
and Hearing Schedule Procedures. Once the application for appeal has
been received in a timely manner, the city clerk shall set the matter
for a city council hearing no later than sixty days following the
date of the application. Notice of the time and place of the hearing
shall be mailed to the applicant, postage prepaid, no later than ten
days prior to the date set for the hearing. The notice may also designate
certain records of the applicant to be produced at the time of the
hearing.
(d)
Hearing—Decision.
At the hearing prescribed by this section, the applicant and the city
may submit any and all evidence as they believe to be relevant to
their respective positions. The city council may require the presentation
of additional evidence from either the applicant or the city, or from
both, and may continue the hearing from time to time for the purpose
of allowing the presentation of additional evidence. The city manager's
original decision shall remain in effect from the time the original
decision was mailed to the aggrieved party, through the appeal process
and until a decision is rendered on the appeal. However, upon the
completion of the hearing, the city council may take action with respect
to the decision of the city manager as the evidence may require. The
decision of the city council shall be final and conclusive. Written
notice of the decision of the city council shall be mailed to the
applicant within twenty days of the conclusion of the hearing.
(e)
Alternatively,
the city council may refer the matter to a hearing officer who shall
hear the evidence and submit findings and recommendations to the city
council for its consideration.
(Ord. 1181 § 1, 1992)
(a)
Unless
otherwise stated, a permit granted to any business or covered activity
mentioned in this title shall be valid for a period of one year. Barring
suspension or revocation of a permit, the expiration date of any permit
shall be the first of that month in the following year.
(b)
The
renewal of a permit shall require updated business permit information
provided by the permittee on or before the expiration date of the
permit.
(c)
The
annual permit fee, as set forth by city council resolution, shall
be due and payable, unless otherwise stated in this title, on the
expiration date of the permit. If the permit fee is paid on or before
the tenth day after the permit expiration date, the permit shall be
renewed. If the permit fee is not paid on or before the tenth day
after the permit expiration date, the permit fee shall be considered
late and shall be subject to late payment penalties as set forth by
city council resolution.
(Ord. 1181 § 1, 1992; Ord. 1376 § 12, 2005)
Any permit may be modified or the terms and provisions of any
permit modified, amended or changed upon application to the license
collector. 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 in respect to the processing of the original application.
(Ord. 1181 § 1, 1992)
No permit issued pursuant to this title shall be transferable.
(Ord. 1181 § 1, 1992)
A separate permit shall be obtained for each branch establishment
or location of the business or covered activity regulated pursuant
to the terms of this title.
(Ord. 1181 § 1, 1992; Ord. 1376 § 13, 2005)
Any person violating any of the provisions, or failing to comply
with any of the mandatory requirements of this title shall be guilty
of a misdemeanor. Each such person shall be guilty of a separate offense
for each and every day during which any violation of any provision
of this title is committed, continued or permitted by such person
and each separate offense shall be punishable by a fine of not more
than one thousand dollars or by imprisonment in the county jail for
a period not exceeding six months, or by both fine and imprisonment.
Any permit which may have been granted to any person who is convicted
of any such offense shall be revoked and shall be rendered void. Mandatory
requirements may vary from business to business and from chapter to
chapter.
(Ord. 1181 § 1, 1992)
An action at law or in equity may be commenced in the name of
the city in any court of competent jurisdiction against a permit holder
to insure compliance with the terms and provisions of this title.
All remedies prescribed hereunder shall be cumulative and the use
of any one or more remedies by the city shall not bar the use of any
other remedy for the purpose of enforcing the provisions of this title.
(Ord. 1181 § 1, 1992)
