(a)
Any terms not specifically defined hereunder shall have the meaning ascribed to them in section 15-1.
(b)
"Pawnbroker"
"Person"
"Solicitor"
As used
herein, the following terms shall have the meanings indicated:
shall mean every person conducting, managing or carrying
on the business of loaning money, either for himself or for any other
person, upon any personal property, personal security or purchasing
personal property and reselling or agreeing to resell such property
to the vendor or other assignee at prices previously agreed upon.
Nothing in this article shall be deemed to apply to the loaning of
money on personal property or personal security by any bank authorized
to do so under the laws of this State or of the United States.
shall mean any individual partnership, joint venture, association,
firm, corporation, estate or trust or other such entity.
shall mean any peddler, vendor or other person who sells
or leases any commodity or service or solicits or takes orders for
the sale or lease of any commodity or service or solicits for any
contribution, donation, personal service, or thing of value from house
to house.
(Ord. No. 236, § 1; Ord. No. 283, § 1; Ord. No. 708, § 1, 5-23-83)
(a)
No person shall operate, conduct, or manage any business falling within the categories enumerated in the following subsection (b) without a special permit or supplemental permit as hereinafter provided.
(b)
The
businesses for which a special permit is required hereunder are as
follows:
(1)
Public
dance hall
(2)
Pawnbroker
(3)
Secondhand
store or dealer
(4)
Solicitor
(5)
Any
business in which any product or commodity is sold at retail from
a motor vehicle, truck or trailer or any business in which any product
or commodity is sold at retail from any place except a fixed place
of business within the city on which general real property ad valorem
taxes are levied and collected, which business is conducted by sales
made before 7:00 a.m. or after sunset and utilizes a sound-producing
device for advertising purposes.
(Ord. No. 236, § 2; Ord. No. 283, § 2)
A.
Charitable organizations.
(1)
Exempt organizations. All businesses specified in section 15-56, subsection B which are conducted, managed or carried on by any religious, charitable, fraternal, educational, military, state, county or municipal organization or association shall be entitled to an exemption from the provisions of this article upon compliance with the following conditions:
(a)
Not less than 85% of the gross receipts derived from the business
of solicitation or not less than 50% of the gross receipts derived
from other businesses are to be appropriated solely for the purposes
and objectives for which such organization or association was formed;
or
(b)
The city council determines that despite the fact that such business
does not comply with the provisions of the preceding paragraph (a),
such business is devoted primarily to the bona fide purpose of providing
funds for the purposes and objectives of a bona fide charitable, religious
or eleemosynary organization or association and that such business
will comport with the public peace, health, safety and welfare.
(2)
Procedures.
(a)
Applications for an exemption from
the permit requirements of this article shall be filed on a form provided
by the city, shall be submitted to the director of finance, and shall
include the following information:
1.
The full name and address of the applicant. If the applicant is a
corporation, the names, dates of birth, driver's license numbers,
social security numbers, and residence addresses of its board of directors,
president, vice-president, treasurer, secretary, chief financial officer,
chief executive officer, or equivalents and those persons who will
have day-to-day managerial control of the business. If the applicant
is a partnership or unincorporated association, the names, dates of
birth, driver's license numbers, social security numbers, and residence
addresses of those partners or association members owning more than
10% of the business, as well as the names of all persons who will
have day-to-day managerial control of the business. If the applicant
is engaged in the business of a solicitor as defined in this article,
the names, dates of birth, driver's license numbers, social security
numbers, and residence addresses of all those proposed to act as solicitors
in the city.
2.
Whether the persons referenced in subsection A.(2)(a)1. of this section
have, within the last five years, been convicted of a felony or of
any crime involving theft, embezzlement, or moral turpitude; have
been convicted of violating any municipal or county ordinance relating
to this article; or operated or conducted a place of business in a
manner constituting a public nuisance.
3.
The location, place, or area within which the business is to be conducted.
4.
A complete description of the nature of the business to be conducted,
including the method and manner of business operations.
5.
A description of the nature, kind, and quantity of equipment to be
used in connection with such business.
6.
A statement, under penalty of perjury, the applicant has personal
knowledge of the information contained in the application, that the
information contained in the application is true and correct, and
that the applicant has read and understands the provisions of this
article.
7.
A statement under penalty of perjury, the applicant has and will
continue to meet the requirements of section 15-57.A(1)(a) and/or
(b) of this article, together with such audited financial statements
as may be required by the city to verify that the expenditures of
funds complies with the exemption provision(s) of this article.
(b)
Upon receipt of the application and fee specified above, the director
of finance, after forwarding a copy of the application to the city
council, shall refer the matter to the chief of police who shall,
within 10 business days following receipt of the application, determine
whether the application contains all information required by the various
provisions of this article. If it is determined that the application
is not complete, the applicant shall be notified in writing within
five business days of the date of such determination is made that
the application is not complete and the reasons therefore, including
any additional information necessary to render the application complete.
The applicant shall have 30 calendar days to submit the additional
information to render the application complete. Failure to do so within
this 30 day period shall render the application void. Within five
business days following the receipt of an amended application or supplemental
information, the chief of police shall again determine whether the
application is complete in accordance with the procedures set forth
in this subsection. Evaluation and notification shall occur as provided
above until such time as the application is found to be complete.
The applicant shall be notified within five days of the date the application
is found to be complete. All notices required by this article shall
be deemed given upon the date they are either deposited in the United
States mail or the date upon which personal service of such notice
is provided.
(c)
Upon determining that an application is complete, the chief of police
shall, within 30 calendar days, conduct an investigation of the information
contained in the application to determine if a permit should be issued.
Such investigation shall be undertaken as the chief of police shall
best determine, and may include requesting additional facts or information
from the applicant bearing upon the nature of the business in question,
the place where the business is to be conducted, the qualifications
of the applicant, its employees or associates, and such other independent
investigation as the chief of police shall deem necessary or appropriate
in order to report on the qualifications of or fitness of the application
for the permit being sought.
B.
Out-of-state solicitors. Any applicant claiming to be entitled
to an exemption from the requirement of obtaining any special permit
or supplemental permit provided for in this article upon the ground
that such permit imposes a burden upon his right to engage in commerce
with foreign nations or among the several states or conflicts with
the United States Constitution or the regulations of the United States
Congress respecting interstate commerce or any other matter shall
file a verified statement with the city clerk disclosing the interstate
or other character of his business which entitles him to such exemption.
Such statement shall state the name and address of the company, firm
or group for which the orders are to be solicited or secured or the
sale made, the name of the nearest local or state manager, if any,
and his address, the kinds of goods, wares or merchandise to be delivered,
the place from which the same are to be shipped or delivered, the
method of solicitation or taking orders, the location of any warehouse,
factory or plant within the state and the method of delivery, the
name and address of the applicant and any other facts bearing on the
issues of exemption. All claims for such exemption shall be referred
to the city attorney for investigation and recommendation.
C.
Others. All other applicants claiming to be entitled to
exemption from the requirement of obtaining any special permit or
supplemental permit provided for under this article shall file a verified
statement with the city clerk disclosing the nature of the business
and the basis upon which such exemption is claimed. All such claims
shall be referred to the city attorney for investigation and recommendation.
(Ord. No. 236, § 3; Ord. No. 283, § 3; Ord. No. 974, § 7, 2-23-98)
Applications for a special permit required by this article shall
be filed on a form provided by the city, shall be submitted to the
director of finance, and shall include the following information:
(1)
The
full name and address of the applicant. If the applicant is a corporation,
the names, dates of birth, driver's license numbers, social security
numbers, and residence addresses of its board of directors, president,
vice-president, treasurer, secretary, chief financial officer, chief
executive officer, or equivalents and those persons who will have
day-to-day managerial control of the business. If the applicant is
a partnership or unincorporated association, the names, dates of birth,
driver's license numbers, social security numbers, and residence addresses
of those partners or association members owning more than 10% of the
business, as well as the names of all persons who will have day-to-day
managerial control of the business. If the applicant is engaged in
the business of a solicitor as defined in this article, the names,
dates of birth, driver's license numbers, social security numbers,
and residence addresses of all those proposed to act as solicitors
in the city.
(2)
Whether or not the persons referenced in subsection (1) of this section have, within the last five years, been convicted of a felony or of any crime involving theft, embezzlement, or moral turpitude; have been convicted of violating any municipal or county ordinance relating to this article; or operated or conducted a place of business in a manner constituting a public nuisance.
(3)
The
location, place, or area within which the business is to be conducted.
(4)
A complete
description of the nature of the business to be conducted, including
the method and manner of business operations.
(5)
A description
of the nature, kind, and quantity of equipment to be used in connection
with such business.
(6)
A statement
under oath that the applicant has personal knowledge of the information
contained in the application, that the information contained in the
application is true and correct, and that the applicant has read and
understands the provisions of this article.
(Ord. No. 236, § 4; Ord. No. 283, § 4; Ord. No. 974, § 8, 2-23-98)
A fee as prescribed by the master fee schedule, which may be
updated by resolution from time to time, is required for and shall
accompany all applications for special permits required herein, unless
waived by the city council.
(Ord. No. 236, § 5; Ord. No. 283, § 5; Ord. No. 463, § 1, 8-23-71; Ord. No. 1103, § 13, 10-27-08)
(a)
Upon
receipt of the application and fee specified above, the director of
finance, after forwarding a copy of the application to the city counsel,
shall refer the matter to the chief of police who shall, within 10
business days following receipt of the application, determine whether
the application contains all information required by the various provisions
of this article. If it is determined that the application is not complete,
the applicant shall be notified in writing within five business days
of the date of such determination is made that the application is
not complete and the reasons therefor, including any additional information
necessary to render the application complete. The applicant shall
have 30 calendar days to submit the additional information to render
the application complete. Failure to do so within this thirty-day
period shall render the application void. Within five business days
following the receipt of an amended application or supplemental information,
the chief of police shall again determine whether the application
is complete in accordance with the procedures set forth in this subsection.
Evaluation and notification shall occur as provided above until such
time as the application is found to be complete. The applicant shall
be notified within five days of the date the application is found
to be complete. All notices required by this article shall be deemed
given upon the date they are either deposited in the United States
mail or the date upon which personal service of such notice is provided.
(b)
Upon
determining that an application is complete, the chief of police shall,
within 30 calendar days, conduct an investigation of the information
contained in the application to determine if a permit should be issued.
Such investigation shall be undertaken as the chief of police shall
best determine, and may include requesting additional facts or information
from the applicant bearing upon the nature of the business in question;
the place where the business is to be conducted, the qualifications
of the applicant, its employees or associates, and such other independent
investigation as the chief of police shall deem necessary or appropriate
in order to report on the qualifications of or fitness of the application
for the permit being sought.
(Ord. No. 236, § 6; Ord. No. 283, § 6; Ord. No. 974, § 9, 2-23-98)
The city council shall hold a public hearing prior to taking
action upon an application for a special permit for a pawnbroker pursuant
to this article. The city clerk shall cause to be published a notice
of public hearing at least one time prior to such public hearing within
15 days following the filing of the application and not less than
10 days prior to such public hearing pursuant to Section 420 of the
Cypress City Charter. In cases where the business is to be conducted
upon or managed from a stationary place or places within the city,
the city clerk shall give notice by mail to all property owners within
300 feet of the described place or places, as shown upon the last
equalized assessment roll or as reported to the city clerk's office
by written notice, mailed not less than five days prior to such public
hearing. The city clerk shall also cause a suitable public notice
to be posted at such site or sites not less than 10 days prior to
such public hearing.
Applications for a special permit for secondhand dealers ONLY (as defined by section 15D-1(b) of this code) shall be acted upon by the staff review committee and shall not be subject to the above public hearing requirement.
(Ord. No. 236, § 7; Ord. No. 283, § 7; Ord. No. 1038, § 1, 2-10-03; Ord. No. 1189, § 3, 8-23-21)
Within 30 days of the filing of the application with the director
of finance but after having received the investigation report from
the chief of police and having conducted the public hearing provided
for herein, the city council shall either:
A.
Issue special permit. Issue the special permit if the city
council finds that the operation of the business will comport with
the peace, health, safety, convenience, good morals and general welfare
of the public, and to insure that such business will comport with
the aforesaid standards, the city council may impose such terms, conditions
and restrictions upon the operation and conduct of such business,
not in conflict with any paramount law, as it may deem necessary.
B.
Deny special permit. Deny the special permit if the city
council finds that the operation of the business will not comport
with the peace, health, safety, convenience, good morals and general
welfare of the public or that the applicant, his or her employers
or associates or the person or persons who would be responsible for
the management or supervision of the business is unfit to be trusted
with the privileges granted by such special permit or has a bad moral
character, intemperate habits or a bad reputation for truth, honesty
or integrity.
(Ord. No. 236, § 8; Ord. No. 283, § 8)
Upon the decision by the city council that a special permit
should be granted to the applicant pursuant to this article, the director
of finance, after the applicant has complied with the provisions of
this chapter relating to licenses, shall issue to the applicant a
special permit which shall contain:
A.
The name
of the person or persons to whom the special permit is issued.
B.
The nature
of the business for which the special permit has been issued.
C.
The place
or places where such business is to be conducted upon or the area
in which such business may be operated.
D.
The date
of the expiration of such special permit.
E.
A complete
statement of the terms and conditions or restrictions imposed by the
city council upon the operation and conduct of such business as it
deemed necessary to insure the peace, health, safety, convenience,
good morals and general welfare of the public.
(Ord. No. 236, § 9; Ord. No. 283, § 9)
Special permits issued pursuant to this article shall, unless
otherwise provided by the city council, be valid for one calendar
year after the date of issuance.
(Ord. No. 236, § 10; Ord. No. 283, § 10)
The special or supplemental permit or copies thereof verified
by the director of finance shall be posted in a conspicuous place
on the site or sites in the city where the business for which such
permit was issued is conducted or managed or in any motor vehicle
or vehicles from or in which such business is conducted or managed.
Solicitors, peddlers, itinerant vendors and others who are mobile
but do not conduct their business from motor vehicles who are within
the scope of this article, shall carry the special permit or a copy
thereof verified by the director of finance on their persons and shall
display such special or supplemental permit whenever required by a
representative of the city or the public.
(Ord. No. 236, § 11; Ord. No. 283, § 11)
No special or supplemental permit issued under the provisions
of this article shall be transferable except with the consent of the
city council which may require the desired transferee to file an original
application in accordance with this article.
(Ord. No. 236, § 12; Ord. No. 283, § 12)
Any special permit issued under this article which has not been
previously revoked may be renewed by filing a request for renewal
and a fee as prescribed in the master fee schedule, which may be updated
by resolution from time to time. The director of finance shall forward
a copy of such request to the city manager and to the chief of police
for their recommendations, which shall be returned to the director
of finance within 15 days.
If, in the judgment of both the city manager and the chief of
police, the continued operation of the business under the terms and
conditions of the existing special permit will comport with the peace,
health, safety, convenience, good morals and general welfare of the
public and all land use regulations and other applicable municipal
ordinances and regulations thereunder have been complied with, the
director of finance shall reissue the special permit for an additional
period of one year.
If the request for renewal is filed later than 15 days prior
to the date of expiration or if either the city manager or the chief
of police reports that in his or her judgment the continued operation
of business under the terms and conditions of the existing special
permit will not comport with the peace, health, safety, convenience,
good morals and general welfare of the public, the director of finance
shall forward the request for renewal together with the aforementioned
reports to the city council, whereupon it shall be treated as if it
were an original application under the provisions of this article.
(Ord. No. 236, § 13; Ord. No. 283, § 13; Ord. No. 1182, § 7, 11-25-19)
Whenever any person has obtained a special permit hereunder
for the business of a solicitor and such person employs or otherwise
contracts with another person to assist him or her in such business
within the city and such special permit has not expired, been revoked
or temporarily suspended, the director of finance of the city shall
issue a supplemental permit as follows:
A.
Applicants
for a supplemental permit required by this section shall file a written,
signed and acknowledged application with the director of finance,
containing the following:
(1)
Name and address of the applicant.
(2)
Physical description of the applicant.
(3)
State driver's license number of the applicant.
(4)
Name and address of the person by or with whom the applicant is employed
or associated in the business of solicitation.
(5)
Description of the place or area in which the solicitation is to
be conducted.
(6)
Copy of the special permit of the person by or with whom the applicant
is employed or associated in the business of solicitation.
B.
A fee
as prescribed in the master fee schedule, which may be updated by
resolution from time to time is required for and shall accompany all
applications for supplemental permits required hereby, unless waived
by the city council.
C.
The director
of finance shall forward a copy of such application to the city manager
and to the chief of police for their recommendation, which shall be
returned to the director of finance within fifteen days.
D.
If, in
the judgment of both the city manager and the chief of police, the
conduct, management or carrying on of the business of solicitation
by the applicant under the terms and conditions of the existing special
permit will comport with the peace, safety, health, convenience, good
morals and general welfare of the public, the director of finance
shall issue the supplemental permit, which shall be subject to the
same terms and conditions as such special permit.
E.
If the
recommendation of the city manager and the chief of police have not
been received by the director of finance within such 15 days or if
either the city manager or the chief of police reports that in his
or her judgment the conducting, managing or carrying on of the business
of solicitation by the applicant under the terms and conditions of
existing special permit will not comport with the peace, health, safety,
convenience, good morals and general welfare of the public, the director
of finance shall forward the application for supplemental permit together
with such reports of the city manager and chief of police to the city
council, whereupon it shall be treated as if it were an original application
for a special permit under the provisions of this article.
(Ord. No. 283, § 14; Ord. No. 463, § 2, 8-23-71; Ord. No. 1182, § 8, 11-25-19)
The city council may at any time revoke or temporarily suspend
such special or supplemental permits where the holder thereof or any
person or persons responsible for the management or supervision of
the business in question violates or permits any infraction of any
law of the state or of any ordinance or regulation of the city, including
any condition or restriction imposed by the city council upon issuance
of this special permit, or where the permittee obtained his permit
by misrepresentation or where the city council becomes satisfied for
any reason that the conduct of the business under the existing conditions
or restrictions imposed under the terms of this special or supplemental
permit does not or will not comport with the peace, health, safety,
convenience, good morals and general welfare of the public; provided,
however, that special permits shall not be revoked under the provisions
of this article unless a public hearing, adequate notice of which
is described hereinafter, be given the permittee; provided, further,
that any special or supplemental permit may be temporarily suspended
by the city council prior to notice of public hearing. Adequate notice
of a public hearing at which the revocation of a special or supplemental
permit is to be considered shall be deemed to be given if a registered
letter, addressed to the permittee at the address given in the application,
is deposited in the mail by the city clerk at least fifteen days before
the hearing. At such public hearing the permittee shall be given the
opportunity to submit written statements, appear in person and present
witnesses in his behalf.
(Ord. No. 236, § 16; Ord. No. 283, § 17)
It shall be the duty of the director of finance, his deputies
or duly authorized assistants, together with the assistance, as deemed
necessary by either the director of finance or the city council, of
members of the police department under the direction of the chief
of police to enforce the provisions of this article. The director
of finance, in the exercise of the duties imposed upon him hereunder
and acting through his deputies or duly authorized assistants or members
of the police department, may examine or cause to be examined all
places of business in the city to ascertain whether the provisions
of this article, together with the terms or conditions established
upon issuance of the special or supplemental permit by the city council,
have been and are being complied with. The director of finance, his
deputies, duly authorized assistants or members of the police department
shall have the power and authority to enter, free of charge and at
any reasonable time, any place of business or motor vehicle for which
a special or supplemental permit is required under the provisions
of this article and demand an exhibition of such permit. In case of
individuals subject to this article but who are not conducting or
operating businesses in or from a place of business or a motor vehicle,
the director of finance, his deputies or duly authorized assistants
or a member of the police department shall have the power and authority
to approach such an individual at any reasonable time and demand an
exhibition of the special or supplemental permit or a verified copy
thereof under which he is conducting business.
(Ord. No. 246, § 14; Ord. No. 283, § 15)
