There is hereby created and established a committee, consisting
of the Administrative Officer, Public Works Director, Emergency Services
Manager, Economic and Community Development Director, the Police Chief
and the Fire Chief, to be known as the "Permits and Licenses Committee."
The City Clerk shall be secretary of the Committee, and designated
Finance Department staff will serve as support staff.
(Ord. 2210 1-21-75; Ord. 2348 7-31-79; Ord. 96-02 2-6-96; Ord. 97-19 9-2-97; Ord. 07-08 4-25-07; Ord. 08-05 4-22-08; Ord. 20-16 9-22-20)
It is the purpose and intent of this Article to create an Administrative
Committee which shall have as its function to consider and act on
permit applications assigned to it either by ordinance or by action
of the City Council and thereby avoid encumbering the Council's agenda
with such administrative type matters.
The Chairperson of the Committee shall be the Administrative
Officer, or in his or her absence such person as he or she may delegate
to serve. An acting department head or assistant to the department
head may act in the place of any member who is unable to attend.
Four members shall constitute a quorum. A lesser number may
adjourn from time to time.
(Ord. 96-02 2-6-96; Ord. 97-19 9-2-97)
The meetings of the Committee shall be open to the public and
shall be held on a regular basis, provided that special meetings may
be called as required. The procedure governing the time, place and
organization of the Committee shall be determined by the Committee.
The Committee's secretary shall keep a record of all proceedings of
the Committee and prepare minutes of all meetings.
Applications shall be filed with the Finance Director on forms
provided by him or her, the original of which shall be duly acknowledged
in the form of an affidavit and shall include the following information:
(1)
The legal
name, address and phone number of the person, partnership or corporation
submitting the application.
(2)
The business
name, address and phone number under which the business will be conducted,
if applicable.
(3)
The residence
address and phone number of the person, partners or principal directors
of the corporation making application.
(4)
The exact
nature of the activity for which the permit is requested.
(5)
The time
period for which the permit is requested, if applicable.
(6)
Such
other information as required by the issuing body.
(Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
The Finance Director shall notify the applicant in writing of
the time and place of the hearing before the officer or body charged
with the responsibility of acting upon the particular business or
activity, giving such notice at least five days prior thereto unless
the applicant waives such notice in writing.
The issuing body or officer may give such further notice to
persons affected as deemed necessary to insure a fair hearing.
(Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
The officer or body required to act upon any application pursuant
to this Chapter shall deny the application for any permit for any
of the following reasons:
(1)
The applicant
or his or her employee, agent, partner, director, officer, shareholder
or manager has not complied with this or any other regulations of
the City pertaining to his or her application.
(2)
The activity
for which a permit is sought is detrimental to the public health,
morals, safety or general welfare: or conflicts with any City, State,
or Federal Law.
(3)
The applicant
or his or her employee, agent, partner, director, officer, shareholder
or manager has knowingly made any false, misleading or fraudulent
statement of a material fact in the application. A material fact is
one which if disclosed could have resulted in the denial of the permit.
(4)
The required
fee has not been paid, or the owner, owner's spouse, applicant or
applicant's spouse is overdue in his or her payment to the City of
taxes, fees, fines, or penalties assessed against him or her.
(5)
The proposed
business does not comply with the zoning and/or locational dispersal
requirements contained in the Inglewood Municipal Code.
(6)
The owner,
owner's spouse, applicant, or applicant's spouse has within five years
immediately preceding the application, been convicted of a violation
of Section 315 or 316 of the Penal Code as currently written, or as
later amended or renumbered; or has been enjoined by a criminal or
civil court from the operation of an adult oriented or massage related
business, or tanning salon. This provision shall only apply to applications
for adult oriented or massage related businesses, or tanning salons.
The fact that a conviction is being appealed shall have no effect.
(7)
An applicant,
applicant's spouse, owner, or owner's spouse has been convicted of
a crime that directly relates to operation of the proposed business
applied for. The fact that a conviction is being appealed shall have
no effect. For applicants for adult oriented businesses, massage related
businesses and tanning salons, this provision shall be limited to
evidence that the applicant, applicant's spouse, owner, or owner's
spouse has been convicted of crimes of prostitution, compelling prostitution,
promotion of prostitution, obscenity, the sale, distribution or display
of harmful material to minors, sexual performance by a child, possession
of child pornography, public lewdness, indecent exposure, indecency
with a child, or similar criminal offenses. A permit shall, nevertheless,
be issued to any person convicted of the described crimes if the conviction
occurred more than five years prior to the date of the application,
if a felony, or more than three years prior to the date of the application,
if a misdemeanor.
(8)
The applicant
is under eighteen years of age.
(9)
The application or the applicant of any adult oriented business, massage related business, or tanning salon does not meet all the applicable development and performance standards and requirements contained in Sections 12-94.2, 12-95.4.1, 12.95.4.2, and 12.95.4.3 of the Inglewood Municipal Code.
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A permit may be issued conditionally as the public interest
may require. Each permit or renewal thereof shall be issued only upon
payment of the amount of the license fee designated in this Code for
said type of business or activity or as determined by the Committee
or the City Council.
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(Ord. 02-21 6-11-02)
In the event a permit is issued for a business activity, it
shall be in written form and when received by the applicant must be
posted in a conspicuous place on any business premises where the business
or activity for which such permit issued is conducted and shall remain
so posted during the entire period the permit shall be in force.
(1)
If the
Permits and Licenses employee designated by the City to accept applications
determines that the applicant has completed the application improperly,
or otherwise deems the application to be incomplete, the designated
employee shall, within ten days of receipt of the original application,
notify the applicant of such fact and, on request of the applicant,
grant the applicant an extension of time of ten days or less to submit
a complete application. In addition, the applicant may request an
extension, not to exceed ten days, of the time for the City to act
on the application. The time period for granting or denying a Business
License or other appropriate permit shall be stayed during the period
in which the applicant is granted an extension of time.
(2)
Upon
receipt of a completed application and payment of the application
and permit fees, the City shall immediately stamp the application
as received and promptly investigate the information contained in
the application to determine whether the applicant shall be issued
a business license or other appropriate permit.
(3)
The issuing
body or officer may cause such investigations to be made of the applicants
and the proposed activity as may be determined to be necessary in
order to protect the public interest including a police investigation.
The City Council and Permits and Licenses Committee may compel the
presence of witnesses together with relevant records by subpoena.
(4)
Within forty-five days of receipt of the completed application (or thirty days for Adult Oriented Businesses), the City shall complete the investigation, schedule a hearing before the Permits and Licenses Committee if required, grant or deny the application in accordance with the provisions of this Chapter, and so notify the applicant of its decision. If a Special Use Permit is required in addition to approval by the Permits and Licenses Committee, the final decision to grant or deny the application shall be stayed to allow additional time in accordance with the time period requirements of Sections 12-96.2 through 12-96.14 of the Inglewood Municipal Code. Additionally, if a Site Plan Review and Building Permit approvals are required, an additional one hundred twenty days shall be allowed after Committee approval and/or after the issuance of a Special Use Permit.
(a)
The
City shall write or stamp "Granted" or "Denied" on the application
and date and sign such notation.
(b)
If
the application is denied, the City shall attach to the application
a statement of the reasons for the denial.
(c)
If
the application is granted, the City shall attach to the application
a business license or other appropriate permit.
(d)
The
application as granted or denied and the business license or other
appropriate permit, if any, shall be placed in the United States mail,
first-class postage prepaid, addressed to the applicant at the address
stated in the application.
(5)
The City shall grant the application, and issue the business license or other appropriate permit upon finding that the proposed business meets all zoning requirements and other city requirements unless the application is denied for one or more of the reasons set forth in Section 8-33 of the Inglewood Municipal Code.
(6)
If the
City grants the application or if the City neither grants or denies
the application within forty-five days (thirty days for adult oriented
businesses) after it is stamped received, the applicant may begin
operating the business for which the permit was sought subject to
strict compliance with any City, County, State or Federal regulations.
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The applicant may request a waiver of any time requirements
set forth in this Section for a reasonable period of time, if the
delay is for the applicant's benefit such as to allow him or her time
to cure defects in his or her application, to be granted conditional
approval by the committee to make building code corrections, to obtain
licenses from other agencies, or to otherwise attempt in good faith
to comply with all City requirements.
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(Ord. 02-21 6-11-02)
An application fee shall be paid by each applicant at the time
of filing in the amount designated in this Section for each category
of permit sought. The City Council does hereby find and determine
that the administrative and investigative costs involved in processing
applications for permits vary with the type of permit applied for
and accordingly:
Category 1 applications shall be payable in the sum of $25;
and
Category 2 applications shall be payable in the sum of $50;
and
Category 3 applications shall be payable in the sum of $100;
and
Category 4 applications shall be payable in the sum of $250;
and
Category 5 applications shall be payable in the sum of a minimum
of $500 based on the presumption that the reasonable administrative
and investigative costs of processing the application will be at least
that amount. However, the applicant shall pay the City's costs, not
to exceed $2,500. A deposit of $2,500 shall be required to be paid
by the applicant before the application will be processed. A refund
of not more than $2,000 shall be returned to the applicant for any
costs not actually incurred by the City.
(Ord. 2453 9-20-83; Ord. 01-14 10-2-01)
(1)
The applicant
or any person dissatisfied with the determination of the issuing officer
relative to any application for a permit or license filed hereunder,
or the revocation or suspension of any permit may appeal to the Committee
from said determination, provided a written notice of appeal is filed
not later than ten days from the date of the notice to applicant of
the determination made on the application. A fifteen dollar ($15.00)
fee shall be paid at the time of filing any appeal. (If the initial
determination relative to any permit or license was made by the Committee,
then any appeal shall be made directly to the City Council as set
forth below, and not by a second review of the same Committee).
(2)
In the
event that the applicant is dissatisfied with the initial or appellate
determination of the Committee, an appeal or further appeal may be
made to the City Council provided that a written notice of appeal
is filed not later than ten days from the date of the notice to the
applicant of the Committee's determination. When notice of determination
is given to the applicant by mail, it shall be conclusively presumed
to have been received on the fifth day following its deposit in the
mail.
(3)
Upon
the filing of a proper appeal (including fees) from a determination
of the Committee, the appeal shall be set for review at a meeting
of the City Council not sooner than twenty days and not more than
fifty-five days after the appeal was received by the Committee Recording
Secretary. The applicant shall be given a minimum of ten days' notice
of the date and location of the scheduled appeal.
(4)
In the
hearing of appeals, the City Council shall review the entire record
below, including, but not limited to, the permit application, minutes,
photographs, videos, documentation, and other relevant information
relied upon by the Committee. Additional evidence or documentation
not presented to the Committee may be rejected at the discretion of
the City Council. The hearing of the appeal may be heard at a regularly
scheduled City Council meeting or at any other properly noticed time
and location. The hearing shall be open to the public, but it shall
not be a public hearing. The City Council shall make a decision on
the appeal by a majority vote of those present at the appeal, and
said decision of the Council shall be final.
(5)
If the
denial, suspension or revocation is affirmed on review, the applicant
or permittee may seek review of such administrative action pursuant
to California Code of Civil Procedure Section 1094.5 et seq. If the
denial, suspension or revocation involves an adult business the applicant
or permittee may seek prompt judicial review of such administrative
action pursuant to California Code of Civil Procedure Section 1094.8.
The City shall make all reasonable efforts to expedite judicial review.
Provided that the adult business is otherwise in compliance with the
requirements of the Inglewood Municipal Code, the adult business may
continue to operate pending final administrative determination.
(Ord. 2453 9-20-83; Ord. 02-21 6-11-02)
If, in the judgment of the Committee, the facts and circumstances
relating to any application for permit or license are such that the
public interest or the rights of the applicant would be better served
by consideration of the subject matter thereof by the City Council,
then the Committee may order that the said application be transmitted
to the City Council for consideration. The issuing officer may likewise
refer any application to the Committee.
In the event an application for permit is approved, a written
notification of that fact shall be issued to applicant:
(1)
By the
secretary of the Committee if the Committee is the issuing officer;
or
(2)
By the
City officer, and approved by the Finance Director as to content,
if such officer is the issuing officer; or
(3)
By the
City Clerk if the City Council is the issuing officer.
(Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
In the event a permit is issued for a business activity, it
shall be in written form and when received by the applicant must be
posted in a conspicuous place on any business premises where the business
or activity for which such permit is issued is conducted and shall
remain so posted during the entire period the permit shall be in force.
No permit issued under this Chapter shall be transferable except
by consent of the issuing officer or body.
In the event a fee is not designated for a particular business
or activity and which is subject to the provisions of this Chapter,
the Committee or City Council may fix a fee in relation to similar
businesses or activities for which a fee has been designated.
In the event any business or activity involving the public is
not designated in this Chapter as requiring a permit, the Permits
and Licenses Committee may, by resolution, designate such business
or activity as requiring a permit to be issued pursuant to the procedures
of this Article.
Those businesses or activities which, by their nature, require
special regulation in order to protect the public safety, health and
welfare, may be designated by the Committee as requiring compliance
with the provisions of this Article.
All provisions of this Code requiring issuance of a permit as
a condition to doing business or engaging in an activity which is
not specifically designated in this Chapter, shall be governed by
the procedures of this Article and the issuing body with respect thereto
will be the Permits and Licenses Committee. Businesses or activities
exceeding the scope of a Special Use Permit heretofore issued, shall
be in like manner included upon designation of the Committee.
The right to operate any business or other activity for which
a permit is required under this Chapter may be suspended forthwith
without notice and without hearing, in the event such suspension is
necessary for the preservation and protection of public health, morals,
safety or general welfare if so determined by any officer charged
with the responsibility of issuing permits, the Committee on Permits
and Licenses, or the City Council; provided, however, that no suspension
shall continue for more than fifteen days unless proceedings regarding
revocation have been duly instituted in accordance with the provisions
of this Article.
Any permit or business license issued pursuant to the provisions
of this Article may be revoked by the City Council or Permits and
Licenses Committee on the basis of any of the following:
(1)
That
the business or activity has been conducted in an illegal or disorderly
manner thus necessitating action of law enforcement officers.
(2)
That
within the past three years prior to the date of the revocation hearing,
the licensee has been enjoined by a criminal or civil court from the
operation of his or her business.
(3)
That
within the past three years prior to the date of the revocation hearing,
the licensee has been convicted of a violation of Section 315 or 316
of the Penal Code as currently written or as later amended or renumbered.
This provision shall only apply to licensees of adult oriented or
massage related businesses, or tanning salons. The fact that a conviction
is being appealed shall have no effect.
(4)
That
the licensee or his representative knowingly made any false, misleading
or fraudulent statement of a material fact in the application. A material
fact is one which if disclosed could have resulted in the denial of
the permit.
(5)
That
the permit is being used for a purpose different from that for which
it was issued.
(6)
That
the licensee has not paid or is overdue in his or her payment to the
City of taxes, fees, fines, or penalties assessed against him or her
in relation to his or her business.
(7)
That
the business does not comply with the zonings and/or locational dispersal
requirements contained in the Inglewood Municipal Code.
(8)
That
the licensee, licensee's spouse, owner, or owner's spouse has been
convicted of a crime that directly relates to operation of the licensed
or permitted business. The fact that a conviction is being appealed
shall have no effect. For licensee of adult oriented businesses, massage
related businesses, and tanning salons, this provision shall be limited
to evidence that the applicant or owner has been convicted of crimes
of prostitution, compelling prostitution, promotion of prostitution,
obscenity, sale, distribution, or display of harmful material to minors,
sexual performance by a child, possession of child pornography, public
lewdness, indecent exposure, indecency with a child, or similar criminal
offenses. A license or permit shall, nevertheless, not be revoked
to any person convicted of the described crimes if the conviction
occurred more than five years prior to the date of the revocation
hearing, if a felony, or more than three years prior to the date of
the revocation hearing, if a misdemeanor.
(9)
That
the licensee is under eighteen years of age.
(10)
That
the licensee has knowingly allowed prostitution on the premises.
(11)
That
the licensee has knowingly allowed possession, use, or sale of controlled
substances on the premises.
(12)
That any adult oriented business, massage related business, or tanning salon has failed to meet all the applicable development and performance standards and requirements contained in Sections 12-94.2, 12-95.4.1, 12-95.4.2, and 12-95.4.3 of the Inglewood Municipal Code.
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In the event a permit or business license is revoked pursuant
to the provisions of this Article, another permit shall not be granted
to such person within twelve months after the date of such revocation.
The City Council's determination following a revocation hearing shall
be final and conclusive in the matter.
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(Ord. 01-14 10-2-01; Ord. 02-21 6-11-02)
Every permittee shall be given at least five days' written notice
of hearing on the proposed revocation of his permit, together with
written notification of the grounds of complaint against the business
or activity of the permittee. In the event the Committee determines
to revoke a license or permit pursuant to the provisions hereof, such
determination may be appealed to the City Council pursuant to the
provisions of this Article.
Any provision of this Code designating a procedure for suspension
or revocation different from that provided in this Section with respect
to any particular type of permit shall govern such proceeding and
shall supersede the provisions of this Section.
(Ord. 1964 10-25-68)
It shall be unlawful for any person to engage in or operate
any business or activity which is designated in this Chapter as requiring
a permit, without first duly obtaining a permit in accordance with
the provisions of this Chapter.
The following businesses and activities shall require a written
permit duly obtained from the Chief of Police:
(1)
Taxi
Driver Permits. A fee of $10 shall be paid for taxi driver permit
applications. The Chief of Police, however, may in his or her discretion
waive this requirement if any driver holds a duly issued and currently
valid permit from another jurisdiction.
(2)
Masseurs
and Masseuses Permits. A fee of $100 shall be paid for masseurs and
masseuses permits.
(Ord. 2192 7-30-74; Ord. 01-14 10-2-01)
(Ord. 14-09 7-22-14)
The following businesses and activities shall require a written
permit duly obtained from the Finance Director:
(1)
Auction
sales.
(2)
Bankrupt
stock sales.
(3)
Bicycle
operation.
(4)
Going
out of business sale.
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A fee of $25 shall be paid for auction sale and bankrupt stock
sale permit applications. A fee of $50 shall be paid for going out
of business sale permit applications.
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(Ord. 03-19 10-14-03)
The following businesses and activities shall require a written
permit duly obtained from the Traffic Authority:
(Ord. 2453 9-20-83)
The following businesses and activities shall require a written
permit duly obtained from the Health Officer:
Food establishments.
A written permit shall be obtained from the Committee on Permits and Licenses for the following businesses and activities and the application fee required in Section 8-36 shall be in the amount designated for the respective categories:
(1)
Animal
keeping.
(2)
Bazaars,
fiestas.
(3)
Camp
car, trailer camp and mobile home park.
(4)
Coin-operated
amusement and entertainment device.
(5)
Dogs—more
than two over four months of age.
(6)
Flower
and poppy solicitation.
(7)
Ice
or roller skating rink.
(8)
Miniature
ride and similar amusements.
(9)
Motion
picture production (itinerant).
(10)
Parking
lots, commercial.
(11)
Rummage
sale.
(12)
Sidewalk
promotion and selling.
(13)
Slot
car and miniature car racing.
(14)
Trampoline
and rebound devices.
(15)
Lunch
and confection vehicle or cart.
(16)
Travel
agency.
(17)
Automobile
leasing or renting.
(18)
Junk
and salvage dealer (includes perishable refuse and by-products).
(19)
Athletic
event or show (a blanket permit for several events of similar nature
at one location shall require one fee only).
(20)
Businesses
engaged in the sale of tobacco products.
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This category shall include all other businesses or activities
required by this Code to be subject to permit procedure which are
not covered elsewhere or not expressly designated as exempt.
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(Ord. 2189 7-2-74; Ord. 2258 6-29-76; Ord. 2351 8-7-79; Ord. 2453 9-20-83; Ord. 01-14 10-2-01; Ord. 07-23 10-23-07)
(1)
Billiard
room.
(2)
Business
involving potential public safety hazards.
(3)
Dog
kennel.
(4)
Private
care institution (includes but not limited to hospitals, sanitariums
and rest homes).
(5)
Wheel
chair bus or limousine service.
(6)
Retail
sale of pistols, revolvers and other concealable firearms, pursuant
to California Penal Code Section 12071. The form of any license issued
under this subsection shall be as prescribed by the Attorney General
pursuant to said section.
(8)
Tattoo
parlor.
(Ord. 2213 3-11-75; Ord. 2258 6-29-76; Ord. 2351 8-7-79; Ord. 2453 9-20-83; Ord. 96-21 9-24-96)
(1)
Automobile
dealer, used; or not under contract with manufacturer.
(2)
Auto
wrecking yard.
(3)
Concert—"rock
type."
(4)
Dance
hall or night clubs where dancing is permitted.
(5)
Horse
race information-(off race track premises).
(6)
Live
entertainment in night clubs or eating establishments.
(7)
Pari
mutuel agency.
(8)
Pawn
shop, secondhand dealer.
(9)
Private
investigation services and security patrol.
(10)
Pool
hall.
(11)
Jazz
festivals, concerts and similar events at the amphitheater at Edward
Vincent Jr. Park.
(12)
Pedicabs.
(Ord. 2202 11-12-74; Ord. 2235 9-23-75; Ord. 2453 9-20-83; Ord. 01-14 10-2-01; Ord. 02-21 6-11-02; Ord. 04-17 7-20-04; Ord. 22-10 5-24-22)
(Ord. 01-14 10-2-01; Ord. 02-14 2-5-01; Ord. 02-21 6-11-02; Ord. 09-02 2-3-09)
(1)
Acupressure
establishments.
(2)
Acupuncturist
establishments that provide on-site massage or acupressure therapy.
(3)
Adult
arcades.
(4)
Adult
bookstores.
(5)
Adult
cabarets.
(6)
Adult
live entertainment theaters.
(7)
Adult
merchandise stores.
(8)
Adult
modeling studios.
(9)
Adult
motion picture theaters.
(10)
Bath,
Turkish bath, and spa houses.
(11)
Chiropractor
establishments that provide on-site massage or acupressure therapy.
(12)
Escort,
dating and introduction services.
(13)
Massage
establishments or massage parlors.
(14)
Miscellaneous
adult oriented business.
(15)
Photo
studios using live models.
(16)
Tanning
salons.
(Ord. 01-14 10-2-01; Ord. 02-21 6-11-02)
The following businesses and activities shall require a written
permit duly obtained from the City Council:
(Ord. 2192 7-30-74)
Every taxicab operator holding a certificate of public convenience
and necessity shall pay an annual business license fee computed on
the basis of $50 per taxicab licensed to service the City, payable
on or before the 10th day of January of each year. Such business license
fee shall be subject to modification by the City Council in any subsequent
annual period.
(1)
Special
Track Fee. In addition to such annual business license fee, any taxicab
operator holding a certificate of public convenience and necessity
shall pay a special fee for the privilege of providing service to
the Hollywood Park Race Track premises in the sum of $250 annually
payable at the same time as the business license fee.
The application fee designated and required in this Article shall not be required of those persons, organizations and institutions designated and eligible to be exempt from business tax in Section 8-5 of this Code.
The purpose of this Section is to regulate filming activity
within the City of Inglewood in order to protect the public health,
safety and welfare and to not unduly restrict such activities while
maintaining harmonious relations between the community and those engaged
in filming activities.
(Ord. 09-02 2-3-09)
means commercials, motion pictures, television, videotapes,
or still photography produced by a nonprofit organization, which qualifies
under Section 501(c)(3) of the Internal Revenue Code as a charitable
organization. No person, directly or indirectly, shall receive a profit
from the marketing and production of the film or from showing the
film, tapes, or photos.
means the City of Inglewood.
means written authorization and approval from the City Administrator
or a designee to conduct the filming activity outlined in the permit.
means a City of Inglewood employee authorized by the City
Administrator to review and issue film permits.
means and includes all activity attendant to staging or shooting
commercials in any medium, tape or digital format.
means an individual or individuals or organizations filming
or videotaping news events for television, newsprint by use of reporters,
photographers or camera persons in the employ of a newspaper, news
service, or similar entity where the event is not preplanned, and
the film or tape is normally broadcast within twenty-four hours of
the event, not including magazine or documentary programming.
means the person(s), organization or entity that is issued
the film permit under this Section.
means the motion pictures, television programs or commercials
produced to satisfy a course or curriculum requirement at an educational
institution. The student filmmaker must supply proof that he or she
is currently enrolled in a program of study in an educational or training
institution that is duly licensed by applicable local, State and Federal
agencies.
means a fixed place of business where filming activities
(motion or still photography) are regularly conducted upon the premises.
(Ord. 09-02 2-3-09)
(a)
Film
Permit Required. No person shall use any public or private property,
facility or residence for the purpose of taking commercial motion
pictures,. television, (digital, film, or tape) or still photography
without first applying for and receiving a permit from the City of
Inglewood.
(b)
Exemptions.
The provisions of this Chapter shall not apply to:
(1)
Noncommercial filming or videotaping activities conducted solely
for private or family use;
(2)
Filming or videotaping activities conducted for use in a criminal
investigation, or civil or criminal court proceeding;
(3)
Filming or videotaping activities conducted for news purposes or by a charitable organization as defined in Section 8-55.2;
(4)
Filming or videotaping activities conducted for education, government
and public access and local origination programs for cable television
systems franchised within the City;
(5)
Any activity deemed to be in the public interest by the City Administrator;
(c)
Nothing
in this Section shall limit the right of the City to suspend filming
or videotaping activities, exempted herein when found necessary for
the protection of the public health, safety or general welfare, and
when such filming activity poses an immediate hazard to persons and/or
property.
(Ord. 09-02 2-3-09)
The City Administrator or designated film permit liaison is
hereby authorized and directed to develop an appropriate application
form and guidelines, governing the form, time and location of any
film activity set forth within the City. The film permit guidelines
and form(s) and any subsequent revisions shall be published in a newspaper
of general circulation and shall be posted annually for a ten-day
period in a place of public access to comply with State of California
noticing requirements. Prior to a film permit being issued, the City
Administrator, or designated film permit liaison, shall ensure there
will be no adverse impacts based on the following areas of consideration:
(a)
The
health and safety of all persons;
(b)
Ensure
no undue disruption of all people within the affected area;
(c)
The
safety of property within the City;
(d)
Traffic
congestion at particular locations within the City;
(e)
Noise,
lighting and other identified impacts.
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A copy of the film permit guidelines and form(s) shall be transmitted
to the City Council annually or when revisions are made as an informational
item.
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(Ord. 09-02 2-3-09)
A nonrefundable fee of $600 shall be paid at the time an application is submitted for filing pursuant to this Chapter. The payment of this fee shall not be discounted or waived unless done so under Section 8-56.3 of this Chapter.
The fee for permits issued pursuant to this Chapter shall be
amended from time to time by resolution of the City Council. The film
permit fee shall be paid to the Finance Department when the application
form is submitted for review. The film permit application fee is to
cover the City's cost of processing a film permit application. There
can be extra costs applicable when determined by the City Administrator
or designated film permit liaison for other related City services
including, but not limited to, law enforcement, traffic control, fire
safety, trash hauling and attorneys' fees. No film permit shall be
issued to an applicant who owes the City money for a prior permit
or who does not pay those fees that are required prior to issuance
of a permit. The applicant shall pay such fee upon filing an application
for a permit.
(Ord. 09-02 2-3-09)
The time limits for review and processing of a film permit application shall not exceed four weeks unless an extension of time is expressly agreed to in writing by an applicant. The processing of a film permit application submitted for a small or routine request should generally be conducted within a seventy-two-hour time period, but may be extended beyond that time based on a reasonable determination made by the film permit liaison. The processing of more complex or multi-faceted film permit applications may extend beyond seventy-two hours but approvals should be issued within a reasonable period of time not to exceed four weeks. When an applicant does not agree to extend the film permit application review process beyond four weeks the film permit liaison is authorized and directed to deny the application and to refund all monies paid by the applicant with a letter describing the reasons for denial. An appeal under Section 8-55.9 may be initiated by an applicant accompanied by the required appeal fee of $100.
(Ord. 09-02 2-3-09)
Insurance and a hold harmless agreement shall be required for
all for profit and nonprofit film shoots to ensure that the safety
and personal health of residents and visitors was protected during
filming.
(a)
Before
a permit is issued, a certificate of insurance will be required in
an amount not less than one million dollars ($1,000,000.00) naming
the City of Inglewood as a coinsured for protection against claims
of third persons for personal injuries, wrongful deaths, and property
damage. An additional aggregate may be required for the use of pyrotechnics
or when other conditions warrant greater insurance liability. The
City officers and personnel shall be named as additional insured.
The certificate shall not be subject to cancellation or modification
until after thirty days written notice to the City of Inglewood. A
copy of the certificate will remain on file.
(b)
Workers'
Compensation Insurance. An applicant shall conform to all applicable
Federal and State requirements for workers' compensation insurance
for all persons operating under a permit.
(c)
Hold
Harmless Agreement. An applicant shall execute a hold harmless agreement
as provided by the City of Inglewood prior to the issuance of a permit
under this Chapter.
(Ord. 09-02 2-3-09)
If a permittee violates any provision of this Chapter or a permit
issued pursuant thereto, the City of Inglewood may revoke the permit.
The permittee shall immediately cease all filming activity except
as necessary to clear the filming location. The City of Inglewood
shall provide the permittee with grounds for revocation in writing
within a reasonable time of the revocation. Any person who engages
in filming activity without a permit, or that violates any provision
of this Chapter shall be guilty of an infraction and subject to payment
of a fine, not to exceed the limits set forth in California Government
Code Section 36900. In addition to any other remedies permitted by
law, no permits shall be issued to the person found and/or organization
engaged in the illegal filming activity for a period of one year..
(Ord. 09-02 2-3-09)
The applicant, permittee or any person may appeal a permit denial,
revocation or suspension, or refusal to waive a deadline set forth
in this Chapter. The appeal shall be filed with a one hundred dollar
($100.00) fee in the City Administrator's office no later than three
business days after the date notice of the decision is given. The
appeal shall be heard by the Permits and Licenses Committee no later
than fifteen business days after the appeal is filed. A decision shall
be rendered no later than seven business days after the appeal hearing.
The decision of the Permits and Licenses Committee shall be final.
(Ord. 09-02 2-3-09)
