No person shall engage in, conduct, manage, or carry on any of the businesses or activities set forth in this article, except for those businesses or activities set forth in chapter 17.57, which shall comply with the provisions therein until a permit has first been obtained therefor from the Chief of Police.
(Prior code § 5200.1; Ord. 2172 § 5, 1992)
Any permit or fee required to be obtained or paid pursuant to this article shall be in addition to any other license or fee required to be obtained or paid pursuant to this code.
(Prior code § 5200.2)
Applications for original and renewal permits and for any amendment to any permit, shall be filed with the chief of police and shall be signed and verified by the applicant. Each application shall be submitted on a form prescribed by the chief of police, and shall set forth the following information:
A. 
The true name, fictitious name, if any, home and business addresses and telephone numbers of applicant and, if sane is a corporation, names and addresses of principal officers, or if a partnership, association or company doing business under a fictitious name, names of partners or persons comprising association or company, and address of each;
B. 
The true name and address of person, firm, etc. by whom employed, if any;
C. 
Street number and exact location of place where applicant proposes to engage in the activity for which a permit is requested. (Where applicable, the route proposed for the activity shall be included.);
D. 
State general nature of activity or business applicant intends to engage in;
E. 
Length of time for which permit is desired;
F. 
Brief description of the nature and number of pieces of equipment to be used in such business or activity;
G. 
Location of last place of business, name, character of same, and length of time engaged therein;
H. 
Description of any motor vehicles which applicant proposes to use, including license numbers, body styles and name of registered owner;
I. 
Arrests and convictions of any violation of law, including moving vehicle citations with a fine of fifteen dollars or more;
J. 
Personal description of applicant, including fingerprints and recent photograph in good condition, unless waived by the chief of police;
K. 
Where applicable, name of insurance carrier or bonding company;
L. 
Any other information or evidence of identity and past conduct or business activity of applicant, as may be required by the chief of police.
(Prior code § 5200.3)
The information furnished or secured pursuant to this article shall be confidential in character and shall not be subject to public inspection. Any unauthorized disclosure or use of such information by any officer or employee of the city, except to officers of the city or law enforcement officials, shall constitute a misdemeanor, and such officer or employee so disclosing such information shall be subject to the penalty provisions of this article, in addition to any other penalties by law.
(Prior code § 5200.4)
A. 
The city shall charge a fee for each application for an original police permit, and for each application for a renewal or amendment to permit, as established by resolution of the city council.
B. 
Such fee may be waived upon determination by the city that the business activity serves a charitable, patriotic or civic purpose, as defined in Chapter 5.36.
(Prior code § 5200.5)
Unless otherwise provided in this chapter, all permits shall be issued for a period not to exceed one year, and shall be renewable at the end of one year. An application for renewal or amendment of a permit for an activity or business which constitutes a change of the use or purpose for which the original permit was issued shall be deemed an application for an original permit and shall be issued as provided in this chapter for one issuance of original permits.
(Prior code § 5200.6)
Any permit for a business or activity for which a license is also required shall be construed to be an annual permit which shall run concurrently with the license.
(Prior code § 5200.7)
A. 
The chief of police, after investigation of the application and of the activity proposed to be conducted, may grant or refuse to grant a permit.
B. 
The granting or denial of any permit by the chief of police shall be final unless appealed to the city council within ten days from the date of mailing of notice or delivery of written notice of such denial to the applicant.
C. 
Prior to the issuance of any permit, the chief of police may require the deposit of a surety or cash bond in an amount sufficient to guarantee the cleaning of the premises or the removal of any debris left as a result of the activity for which the permit was issued.
(Prior code § 5200.9)
Upon issuance of any permit, the chief of police may limit the period of existence of such permit or may impose any conditions necessary to preserve the intent and purpose of this chapter.
(Prior code § 5200.10)
A permit may be denied for the following causes:
A. 
The application is not on the form provided or does not contain the required information;
B. 
Noncompliance with requirements of this code or administrative regulations applicable to such activity or business;
C. 
Equipment, vehicle or device to be used is inadequate or unsafe for the purpose for which it is to be used;
D. 
The activity or location of the activity is such as to interfere with the free flow of vehicular traffic or with other means of travel on any public street or with pedestrian traffic on the sidewalks;
E. 
The activity is not permitted in the specific area by the zoning laws of the city;
F. 
Insurance required as a prerequisite to performance of a particular activity has not been or cannot be obtained;
G. 
Applicant is not of good moral character or has been convicted of a felony or of a misdemeanor involving moral turpitude;
H. 
The conduct of the business or activity will be contrary to state law or to the ordinances of the city or will interfere with the preservation of the public peace, health, safety, morals and welfare of the city or its inhabitants.
(Prior code § 5200.11)
A. 
Any permit granted under the provisions of this chapter may be suspended or revoked by the chief of police, either as a whole or as to any part of said permit; provided, that no permit shall be revoked without notice and hearing before the chief of police. The suspension or revocation of any permit by the chief of police shall be final unless appealed to the city council within ten days of the mailing or delivery of notification of such suspension or revocation.
B. 
Upon revocation of any permit, no other application by the same applicant for a permit to carry on a similar business or activity shall be filed for a period of one year from the date of said revocation.
(Prior code § 5200.13)
The grounds for temporary suspension and revocation are as follows:
A. 
Conditions or limitations imposed upon the granting of the permit have not been complied with;
B. 
Fees required by this title have not been paid;
C. 
Insurance or bond required by this code has become ineffective;
D. 
Permittee is not of good moral character or has been convicted of a felony or of a misdemeanor involving moral turpitude;
E. 
The activity is being conducted in an illegal, immoral, improper or disorderly manner;
F. 
Conduct of the activity is or will be contrary to the public interest, peace, welfare, morals or convenience of the community;
G. 
For any reason for which the permit could have been refused.
(Prior code § 5200.15)
A. 
Upon denial of any permit to an applicant, or in case of suspension or revocation of any permit, it is unlawful for any person whose permit has been denied, suspended or revoked to conduct, operate, manage, carry on or engage in the activity or business for which the permit was denied, revoked or suspended, and it is unlawful for any such person to cause or allow such business activity for which the permit was denied, revoked, or suspended to be conducted by any person as employee or agent of such person to whom the permit was denied, revoked or suspended.
B. 
The filing of an appeal shall not negate any action of the chief of police in denying, suspending or revoking the whole or any part of any permit until the reversal or modification of the denial, suspension or revocation by the chief of police.
(Prior code § 5200.16)
Any appeal to the city council shall set forth fully the grounds upon which the appeal is based, shall be in writing, and shall be filed in triplicate with the city clerk, who shall present a copy of the appeal to the city council and forward a copy thereof to the chief of police. The chief of police shall submit to the city council the record of the case appealed.
(Prior code § 5200.17)
A. 
Within thirty days after the filing of the appeal with the city clerk, the city council shall consider the appeal at a regular meeting. Written notice of the time and place the city council will consider the appeal shall be mailed by the city clerk to the applicant or person who filed the appeal on behalf of said applicant at least ten days before the date set for hearing.
B. 
In any appeal, the city council shall consider the application, the record of the case submitted by the chief of police, and other pertinent information presented.
C. 
The city clerk shall, within three days after decision of the council, notify the applicant in writing of the decision of said council.
(Prior code § 5200.18)
A. 
The city council may, on its own motion, review the issuance, denial, suspension or revocation of any permit or review any condition attached thereto.
B. 
If after review the city council determines that the matter should be heard on appeal before the city council, it shall order the city clerk to notify the applicant, chief of police and other affected parties of the time and place of hearing, as provided in Section 5.24.180.
(Prior code § 5200.19)
Permits shall be posted in a conspicuous place on the premises where the business or activity for which such permit was issued is conducted, and shall remain in said place during the period the permit is in force; provided, that if said business or activity is not conducted at a fixed place of business, such permit issued by the chief of police shall be carried on the person of the solicitor or peddler, and shall be displayed at all times when any such person is engaged in soliciting or peddling the retail sale of any goods, wares, foods, merchandise, services or other things of value, whether for immediate of future delivery. The permit shall show the expiration date of the permit. The permit shall also state whether the solicitation is for charitable or commercial purposes and that the issuance of the permit is not endorsement by the city or its police department of the solicitor or his product.
(Prior code § 5200.20)
No person shall solicit for any purpose provided for under this code at any time other than during the daylight hours, unless otherwise provided for by express permission of the city council. "Daylight hours" are defined for purposes of this chapter as the time between one-half hour before sunup and one-half hour after sunset.
(Prior code § 5200.21)
In cases where the activity is of a type which involves a possibility of damage to public property or injury to members of the public, insurance in an amount sufficient to compensate the city and the public for such injury or damage shall be obtained by applicant and a copy thereof, or a certificate of insurance filed with the city clerk. The city manager shall determine the amount sufficient to compensate the city and the public for any such injury or damage.
(Prior code § 5200.22)
Nothing contained in this article shall be construed as requiring a permit or the payment of a fee for the doing of any act which would constitute an unlawful burden upon or unlawful interference with interstate or foreign commerce, or which would be in violation of the Constitution of the United States of America or the laws of the state of California.
(Prior code § 5200.25)
The city license inspector and all police officers are appointed inspectors of permits and such inspectors are authorized to examine all places of business and all persons required to obtain a permit for the purpose of ascertaining whether same has been obtained and whether same is being exhibited, and for such purposes such inspectors are authorized to enter places of business within the city.
(Prior code § 5200.24)