It is the intention of this chapter and Chapters 5.32, 5.36, and 5.68, to provide a special permit procedure for those businesses enumerated in this chapter and Chapters 5.32, 5.36, and 5.68. The failure to enumerate other businesses and activities covered in other sections of this code requiring permits or subject to franchises shall not be deemed or construed as an intention upon the part of the city council to relieve such businesses or occupations from the permit procedure or franchise procedure under which they may be governed by other sections of this code or state law.
(Prior code § 9-1)
In addition to the payment of a license fee as provided for in Chapters 5.12, 5.16, 5.20, 5.24, and 5.68, certain businesses, professions, trades or occupations as set forth in this chapter and Chapters 5.32, 5.36, and 5.68, shall first obtain a permit to operate such business, profession, trade or occupation within the city. No person shall operate a business, profession, trade or occupation set forth in this chapter or Chapter 5.32, 5.36 or 5.68, without first obtaining a permit to do so. The city clerk or his authorized deputy shall not issue a license or accept a license fee from any person to conduct a business, profession, trade or occupation set forth in this chapter or Chapter 5.32, 5.36 or 5.68, unless such person has in existence a valid and unexpired permit to perform such business, profession, trade or occupation.
The following businesses, professions, trades and occupations shall require a permit under this chapter and Chapters 5.32, 5.36, and 5.68 as follows:
A.
Accessory
game arcade;
B.
Ambulance
Drivers. The city clerk shall not issue a permit to any ambulance
driver until such ambulance driver shall, within thirty days after
applying for an ambulance driver's permit, register with the American
Red Cross and obtain and keep in his possession a standard Red Cross
aid card.
Notwithstanding any other provision of this chapter or Chapter 5.32, 5.36 or 5.68, to the contrary, ambulance driver permits shall be renewed annually on or before the anniversary date of the issuance of such permit. Such permit may be renewed by the city clerk; provided, that he received a favorable report therefor from the police department. Notwithstanding any other provision of this chapter or Chapter 5.32, 5.36 or 5.68, to the contrary, application fees for permits and for the annual renewal thereof pertaining to ambulance drivers shall be five dollars each;
C.
Ambulance
Operators. From and after January 1, 1973, the city clerk shall not
issue a permit to any ambulance operator for the establishment of
a new main or branch office within the city limits until a public
hearing has been held by the city council to determine the effect
on the public health, peace, welfare and safety of the granting of
any such permit, and in particular any impact which may be detrimental
to proper ambulance service within the city. Reasonable notice of
such hearing shall be given to ambulance operators who maintain existing
main or branch offices in the city;
D.
Auction
Establishments or Auctioneers. No auctioneer's permit or license shall
be required from any person selling his own property at his own private
residence;
E.
Bankrupt
stock, bankrupt sales or close-out sales;
F.
Billiard
and pool halls;
G.
Carnivals,
Circuses and Rodeos.
1.
The definition of carnival and circus shall not apply to any "kiddie
ride" or parks for children only where such kiddie ride or children's
park is located in a proper zone and where all provisions of this
code have been complied with,
2.
No permit shall be granted for any carnival, circus or rodeo unless
located within the proper zone therefor;
H.
Dance
Halls and Dance Clubs. Teenage dances shall require neither a license
nor a permit; provided, that the person or organization sponsoring
or conducting such teenage dance delivers to the city clerk, either
personally or by first class mail, postage prepaid, the time and place
of such dance at least three days in advance of such dance;
I.
Drive-in
or take-out restaurants;
J.
Entertainment;
1.
Any entertainment to be shown, staged, performed, exhibited or produced
in any restaurant, hotel, café, coffee house, cabaret, club,
barroom, beer hall, beer garden, public dance hall, burlesque show,
burlesque review or burlesque theater.
2.
"Entertainment" as used in this subsection does not include the following:
a.
Instrumental or mechanical music only,
b.
Private dances participated in only by the occupants of and guests
at a private residence for which no fee or admission or charge of
any nature is imposed,
c.
Public dances participated in only by patrons or customers and for
which a permit has been issued,
d.
Teenage dances participated in only by persons under twenty-one years
of age and subject to the rules and regulations of this code,
e.
Theaters, but entertainment does include burlesque shows or reviews
conducted in halls or theaters as the sole or primary attraction;
K.
Fortunetelling;
L.
Guards;
1.
A person who guards property and who is not a member of a private
patrol system or a patrol system and who is employed exclusively and
regularly by one employer in connection with the affairs of such employer,
only and where there exists an employer-employee relationship,
2.
Notwithstanding any other provision of this chapter or Chapter 5.32, 5.36 or 5.68 to the contrary, guard permits shall be renewed annually on or before the anniversary date of the issuance of such permit. Such permit may be renewed by the city clerk; provided that he or she has received a favorable report therefor from the police department. Notwithstanding any other provision of this chapter or Chapter 5.32, 5.36 or 5.68 to the contrary, the application fee for permits and for the annual renewal thereof, pertaining to a guard, shall be five dollars each,
3.
In lieu of the application fee required by Section 5.36.010, each applicant for a guard permit shall pay a five-dollar application fee in advance,
4.
All such applications shall be forwarded to the police department
for a report and recommendation,
M.
Hawkers
and Retail Vendors of Food and Ice Cream Products, and Sidewalk Vendors.
1.
Every person peddling, selling or delivering liquids or edibles for human consumption from packs, baskets, handcarts, wagons or vehicles, retail from door-to-door shall first obtain annually each year a health permit and then obtain a permit under the provisions of this chapter and Chapters 5.32, 5.36 and 5.68,
2.
Such permit shall be for one year only and shall be subject to annual
renewal; provided, that such person complies with the provisions of
this code,
3.
This subsection does not apply to the following:
a.
Persons selling or delivering to retail establishments,
b.
Distributors of milk, bottled water, ice, packaged or food products
rendering the service of delivering their products to regular customers,
c.
A person who sells edibles from a wayside stand located on property
owned or controlled by him or her, all of which edibles are grown
or raised on such property by such person or by members of his or
her immediate family,
d.
The operator of a public eating place;
N.
House
number painters;
O.
Locksmiths;
P.
Massage
establishment, as a primary or accessory use;
Q.
Massage
Technician. Massage technicians shall not require a license nor a
permit; provided, that the individual desiring to practice massage
therapy has been issued state certification by the California Massage
Therapy Organization;
R.
Patrol
Systems.
1.
Every person applying for a patrol system permit shall first procure a license from the state. The provisions of this chapter and Chapters 5.32, 5.36 and 5.68 shall not apply to any person operating a private patrol service as defined in Section 7521 of the Business and Professions Code of the state or to any person coming within the definition of "guard" set forth in Section 5.08.230 unless such person in connection with such activity conducts or engages in a street patrol system or service as defined in Section 5.08.310,
2.
Every permit to conduct a patrol system shall contain among other
things an accurate description of the area in which operations are
permitted and the names of all patrollers permitted to such permittee,
3.
A permit to conduct a patrol system shall not authorize any person,
either as a patroller, agent or owner, to patrol any territory outside
of the area specified in the permit of such patrol system;
S.
Patrollers.
1.
Patroller does not include a person who guards property exclusively for one employer as defined in Section 5.08.300. The definition of patroller does include all persons working within the city, whether for a private patrol system or street patrol system or service,
2.
Notwithstanding any other provision of this chapter or Chapter 5.32, 5.36 or 5.68 to the contrary, patroller permits shall be renewed annually on or before the anniversary date of the issuance of such permit. Such permit may be renewed by the city clerk; provided, that he or she has received a favorable report therefor from the police department. Notwithstanding any other provision of this chapter or Chapter 5.32, 5.36 or 5.68 to the contrary, application fees for permits and for the annual renewal thereof, pertaining to patrollers, shall be five dollars each;
T.
Pawnbrokers;
U.
Rodeos;
V.
Secondhand
dealers;
W.
Sightseeing
recreational tours;
X.
Solicitors;
Y.
Taxicab Drivers. Notwithstanding any other provision of this chapter or Chapter 5.32, 5.36 or 5.68 to the contrary, taxicab driver permits shall be renewed annually on or before the anniversary date of the issuance of such permit. Such permit may be renewed by the city clerk; provided, that he or she has received a favorable report therefor from the police department. Notwithstanding any other provision of this chapter or Chapter 5.32, 5.36 or 5.68 to the contrary, application fees for permits and for the annual renewal thereof, pertaining to taxicab drivers, shall be five dollars each;
Z.
Taxicab
operators.
(Prior code § 9-2; Ord. 391 § 1, 1973; Ord.
856 § 3, 1987; Ord. 911 § 2, 1990; Ord. 1014 § 2, 1994; Ord. 1085 § 3, 1998; Ord. 1190 § 2, 2009; Ord. 1242 § 3, 2016; Ord. 1265 § 1, 2019)
