"Financial services"
shall mean and be defined as businesses or establishments dedicated, in whole or in part, to providing financial services consisting of check cashing, money wiring, bill paying, payday loans, cash for gold/silver/precious metals/jewelry, and other similar financial activities. Financial services shall not include a state or federally chartered bank, savings association, credit union, financial planning, brokerage, or advisory firm, or industrial loan company. Nor shall financial services include grocery stores or retail sellers, as defined elsewhere in law, who are engaged primarily in the business of selling consumer goods, including consumables, to retail buyers that, as an accessory or incidental activity thereof, cash checks or issue money orders for a minimum flat fee as an appurtenant activity to its primary business.
(Ord. No. 1117, § 1, 5-10-10)
(a) 
It is unlawful for any person to engage in, conduct, or carry on, in or upon any premises within the City of Cypress, a business offering financial services as defined in section 15H-1, in the absence of a permit issued pursuant to this chapter.
(b) 
Providing any financial service as defined in this chapter without a valid permit issued therefore pursuant to the provisions of this chapter, unless expressly exempt hereunder, is declared to be a violation of this section.
(Ord. No. 1117, § 1, 5-10-10)
It is unlawful for any person to engage in, conduct, or carry on, in or upon any premises within the City of Cypress, a business offering financial services as defined herein except in compliance with all of the following requirements:
(a) 
The business shall not be located within 1,000 feet from the nearest businesses offering one or more of the same financial services. This distance shall be measured from the closest property line to the closest property line.
(b) 
The business shall not be located within 500 feet of any public or private school (pre-school through twelfth grade), or public park, as measured from the property line of the lot on which the building is located to the nearest property line of the school or park.
(c) 
The business shall not be located within 100 feet of any existing residential dwelling or property zoned for residential uses as measured from the property line of the lot on which the building is on to the nearest property line of the residential dwelling or property zoned for residential uses.
(d) 
The business shall be in a location that is fully visible from a public street with an unobstructed view of the front of the business from the nearest street.
(e) 
The business shall provide adequate lighting in the vicinity of the building and parking lot area. A lighting plan for the building and parking lot area shall be provided to the Cypress Police Department for review and approval prior to commencement of the business operations.
(f) 
A security plan shall be provided to the Cypress police department and Planning Division for review and approval prior to commencement of the business operations.
1. 
Security measures shall be incorporated into the security plan which may include: video surveillance and alarm systems which can be broadcast directly to the Cypress police department, automated locking systems, and bullet resistant barriers separating clerks from customers.
(g) 
Uniformed security guard(s) shall be provided, as deemed necessary by the chief of police or the chief's designee.
(h) 
No window coverings shall be installed which prevent visibility of the interior of the tenant space from outside the premises during operating hours. Any proposed window tint or coverings shall be approved in advance by the Cypress police department.
(i) 
The interior of the business shall be maintained with adequate illumination to make the conduct of patrons within the premises readily discernable to persons of normal visual acuity.
(j) 
A sign shall be posted at the front of the business indicating that loitering is prohibited in the vicinity of the business location. Additional signage may be required by the Cypress police department.
(k) 
Outdoor pay phones within 100 feet of the business shall be prohibited.
(l) 
The hours of operation shall be limited to between 8:00 a.m. and 8:00 p.m. daily.
(m) 
The business shall also be in conformity with all other city requirements.
(Ord. No. 1117, § 1, 5-10-10)
(a) 
Applications for a financial services permit pursuant to this chapter shall be filed with the director of community development, or the director's designee, on forms provided by the director and shall include a nonrefundable application fee (major conditional use permit fee) in an amount designated by resolution of the city council and, at least, shall contain the following information:
1. 
The legal name, address, e-mail address, fax, cell phone and telephone number of the owner(s) of the proposed establishment making application;
2. 
The legal name, address, e-mail address, fax and telephone number of the owner(s) of the premises where the proposed establishment seeks to operate;
3. 
The legal name, address, e-mail address, fax and telephone number of the person submitting the application as authorized agent of the owner(s) of the premises where the proposed establishment seeks to operate;
4. 
The business name, address and telephone number under which the business activity will be conducted;
5. 
A listing of all similar business(es) any and all of the above referenced individuals have operated or are operating including the business(es) name, physical address(es) and telephone number(s);
6. 
The exact nature and location of the activity for which the permit is requested, including a dimensioned floor plan showing all physical improvements and exiting pathways;
7. 
A security plan for control of pedestrian and vehicular traffic and prevention of unlawful conduct by employees and patrons (such as assaults, vandalism, littering, theft, sale or use of controlled substances, and vehicle code violations) either within the building(s) or outside in the areas affected by the public patronizing the business;
8. 
The proposed operational days and hours of the business;
9. 
Such other information pertaining to the public health, safety and welfare as may be required by the director of community development to ensure compliance with the provisions of this section and of the requirements of the Cypress City Code and Cypress Zoning Code related to financial services and, in addition, any information that the applicant may wish to include.
(b) 
The submittal of false information on the application shall constitute grounds for immediate denial of the application and the permit.
(Ord. No. 1117, § 1, 5-10-10)
(a) 
Upon the filing of an application, the director of community development, or the director's designee, shall determine whether the application is complete. If the application is not complete, the director of community development shall, within seven business days, give written notice by the United States Postal Service to the applicant that the application is incomplete and cannot be acted upon. The notice shall state what information is needed to complete the application.
(b) 
Upon the filing of a completed application, the director of community development, or the director's designee, shall conduct such investigation as the director or the designee deem necessary (including consultation with the planning, building, and police department representatives) and inspection of the proposed premises as needed. Within 20 business days after receipt of a completed application, the director of community development or designee shall either grant or deny the application. A change in ownership of the business shall require the submittal and evaluation of a new financial services permit application.
(c) 
An application for a financial services permit pursuant to this section shall be granted by the director of community development, or the director's designee, subject to compliance with the requirements set forth herein and in subsection 3.17.216 of the Cypress Zoning Code, unless it is found and determined that issuance of the permit would allow the financial service use to be held or conducted:
1. 
In violation of any provision of the Cypress City Code, Cypress Zoning Code or any state or federal laws; or
2. 
In a building or structure which is hazardous to the health, safety or general welfare of the employees or patrons of the business, activity or event, or the general public, under the standards established by the Uniform Building Codes, Fire Codes or other such codes as are adopted or may be adopted pursuant to the Cypress City Code; or
3. 
In a manner in which proposed security measures are determined to be inadequate to deter unlawful conduct on the part of employees and patrons, or to allow loitering in and around the premises.
(Ord. No. 1117, § 1, 5-10-10)
(a) 
The director of community development, or the director's designee, shall have the authority to approve, conditionally approve, or deny the application for a financial services permit, and shall give written notice to the applicant of action taken upon the completed application, including conditions of approval if any, within 30 business days after receipt of the completed application.
(b) 
In the event the application is denied, written notice of such denial shall be given to the applicant specifying each ground for such denial. The notice shall also advise the applicant of the right to appeal the denial of the application and shall state the last date on which an appeal may be filed, which shall state the fifteenth (15th) business day after the date on which the notice was deposited in the mail or was personally delivered to the applicant.
(Ord. No. 1117, § 1, 5-10-10)
(a) 
An applicant whose application for a financial services permit has been denied or has been approved with conditions may appeal such determination directly to the city council by filing a notice of appeal with the director of community development subject to the payment of a non-refundable appeal fee in an amount set by resolution of the city council. The time within which such written notice of appeal may be filed shall expire at the end of the fifteenth (15th) business day following the date on which notice to the applicant of the determination of the director of community development, or the director's designee, on such application was personally delivered or deposited in the United States mail.
(b) 
Upon the filing of a timely notice of appeal, the City Clerk shall set an appeal hearing to be conducted within 30 business days from the date of receipt of such notice of appeal. The applicant, by written request, may waive the time limits set forth in this section except the time deadline within which the notice of appeal must be filed.
(Ord. No. 1117, § 1, 5-10-10)
After an administrative hearing and consideration of the report and recommendation of the director of community development and any written materials submitted by the applicant or other persons, the city council shall conduct a hearing de novo and shall have the authority to approve, conditionally approve, or deny the application for a financial services permit in accordance with this section. The decision of the city council shall be final and such decision shall be set forth in writing including each ground for approval, conditional approval (including any condition(s) of approval), or denial of the application for a financial services permit.
(Ord. No. 1117, § 1, 5-10-10)
(a) 
After a decision to approve or conditionally approve any financial services permit application becomes final, the director of community development, or the director's designee, shall issue the permit. The permit shall be valid only on the property for which it was granted and shall continue to be valid until a change in ownership of the business or if the business ceases to operate for more than 60 days.
(b) 
The permit shall be issued subject to compliance with all operating requirements in section 15H-3 and such additional conditions as may be required to ensure compliance with city regulations governing the matters contained in the application.
(Ord. No. 1117, § 1, 5-10-10)
(a) 
Any financial services permit issued in accordance with the provisions of this section shall be subject to revocation by the city council following a hearing on the basis of any of the following:
1. 
That the permittee has engaged in activities in a manner which violates one or more of the conditions imposed upon the issuance of the permit or which fails to conform to the plans and procedures described in the application, or which violates the occupant load limits set forth by the building official and has failed to cure such noncompliance after reasonable notice thereof; or
2. 
That the permittee has failed to obtain or to maintain all required city, county and state licenses and permits, and has failed to cure such noncompliance after reasonable notice thereof; or
3. 
That the permittee is engaged in conduct or other activity different from that for which the permit was issued, and has failed to cure such noncompliance after reasonable notice thereof; or
4. 
That the permittee misrepresented any material fact in the application for the permit or has not answered each question therein truthfully; or
5. 
That the building or structure in which the financial services permit is being conducted, or is to be conducted, is hazardous to the health, safety and general welfare of the employees or patrons of the business, activity or event, or of the general public, under the standards set forth in the Uniform Building and/or Fire Codes as such codes shall be adopted from time to time, and has failed to cure such noncompliance after reasonable notice thereof: or
6. 
That the security measures provided are inadequate to deter unlawful conduct on the part of employees or patrons, and do not adequately deter loitering in and around the premises, and has failed to cure such noncompliance after reasonable notice thereof.
(b) 
Written notice of the hearing on the proposed permit revocation, together with written notification of the specific grounds of complaint against the business or activity of the permittee, shall be personally delivered or sent by certified mail to the permittee at least 10 business days prior to the hearing.
(c) 
In the event a permit is revoked pursuant to the provisions of this section, another permit shall not be granted to the permittee, or to any other applicant, for the subject location within 12 months after the date of such revocation. The city council's determination following a public revocation hearing shall be based on written findings and shall be final and conclusive in the matter.
(Ord. No. 1117, § 1, 5-10-10)
Any business offering financial services as defined herein which was lawfully existing on the effective date of the ordinance codified in this chapter, which becomes a nonconforming use by reason of the adoption of said ordinance, shall cease operation or otherwise be brought into full compliance with the provisions of this chapter, not later than either (i) one year following the effective date of the ordinance codified in this chapter, or (ii) 10 months following the date of written notice provided below, whichever is later (the "amortization period"), except that no lawfully existing financial service use shall be deemed to be nonconforming for failure to comply with the location requirements established for such uses by this chapter unless said business is terminated for any reason or voluntarily discontinued for a period of 60 consecutive calendar days or more following the effective date of the ordinance codified in this chapter. A financial service use which is not operational due to a fire, flood or natural disaster on the effective date of the ordinance codified in this chapter shall be deemed a "lawfully existing financial service use" for the purposes of this chapter provided such use resumes operation within a period of not more than one year from the date of said fire, flood or natural disaster which rendered such business non-operational. Any such lawfully existing financial service use may continue to operate, provided said operation is in conformity with all other applicable city, state and federal laws, until the application pursuant to this section has been acted upon and the decision thereon has become final.
(Ord. No. 1117, § 1, 5-10-10)
The City of Cypress may establish reasonable administrative rules and regulations to implement the provisions of this chapter. A copy of such rules and regulations shall be made available to applicants by the director of community development.
(Ord. No. 1117, § 1, 5-10-10)
Any person violating or failing to comply with any of the provisions of this chapter is guilty of a misdemeanor and shall be subject to a fine of not to exceed $1,000 or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of the provisions of the section is committed.
(Ord. No. 1117, § 1, 5-10-10)