Note: Prior history: Prior code §§ 12.34,
12.35, 12.36, 12.37, 12.38, 12.39, 12.40 and 12.44; Ord. Nos. 76-4,
90-3 and 93-5.
Terms defined in Title 4 of this Code shall have the same meaning
in Title 5 unless the context clearly requires otherwise or they are
otherwise defined in this title.
means a certificate that shall be required of any person
who shall engage in or maintain any business within the City at a
fixed place of business in his or her name, or as an agent for any
other person. No such permit shall be issued except upon compliance
with all applicable City and County codes. Provided, any business
authorized by a home occupation permit is not required to obtain a
business permit under this chapter.
means, unless otherwise specified, the financial services
director, or if there is none, the City Manager or his or her designate
charged with the administration of this title. It shall include anyone
designated by him or her to perform all or a portion of his or her
duties.
means a committee consisting of the Director of Community
Development, the police chief, and the financial services director,
or such person designated by any one of them to perform all or a portion
of his or her duties. Provided, if the permit committee is hearing
an appeal of a decision of one of its members, the City Clerk or his
or her designate shall substitute for that member.
(94-10)
Applications shall be filed with financial services department
on forms provided by the City, the original of which shall be acknowledged
in the form of an affidavit and shall include the following information:
A.
The
legal name, address and phone number of the person, partnership or
corporation submitting the application;
B.
The
business name, address and phone number under which the business will
be conducted, if applicable;
C.
The
residence address and phone number of the person, partners or principal
directors of the corporation making the application;
D.
The
exact nature of the activity for which the permit is requested;
E.
Such
other information as required by the financial services department.
(94-10)
A.
The
officer or body required to act upon any application pursuant to this
title shall issue a business or other permit, provided the applicant
and the type of business proposed are consistent with established
standards of the City and that the following criteria are met:
B.
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 business tax designated in this Code for the type of
business or activity or as determined by the committee or the City
Council.
(94-10)
A.
Whenever
any person desires to engage in any of the businesses enumerated in
this section in the City, such person shall petition the City Council
for a permit therefor, which petition shall state the name of the
applicant, the character and location of the proposed business. On
consideration thereof, the City Council shall have the right to refuse
any such permit if it determines that the granting of the same or
the conduct of the business will be contrary to the preservation of
the public peace, health, safety, morals or welfare of the City or
its inhabitants. If such permit is granted, the City Council may impose
such terms, conditions and restrictions upon the operations and conduct
of such business, not in conflict with any paramount law, as it may
deem necessary or expedient to protect the public peace, health, safety,
morals or welfare. On such consideration, the City Council may refer
such application for investigation to any person it may select. No
license or permit shall be issued for the conduct of any such business
except as ordered by the City Council. Upon order of the Council for
the issuance of such license, a license fee of thirty dollars per
day shall become immediately due and payable.
B.
The businesses referred to in this section shall be: athletic exhibition, show or bout, dancehall, distillery for any purpose, game establishments where games are conducted as a business, merry-go-round, penny arcade, shooting gallery, wrestling match, or any similar business or occupation. Game machines shall be regulated and taxed under Section 4.18.090 and not under this section.
(Prior code § 12.32; 76-4; 78-22; 81-11; 82-2; 84-4; 94-3; 94-10)
Each applicant, at the time of filing an application for a business
permit pursuant to this chapter, shall pay a fee as set forth from
time to time by resolution of the City Council.
(94-10)
A business permit is valid for a specific business at a specific
location. A business permit is not assignable or transferable. Whenever
there is a change in ownership, location or nature of business a new
permit is required.
(94-10)
The right to operate any business or other activity for which
a permit is required under this title may be suspended forthwith 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 permit and license committee, or the City Council;
provided, however, that no suspension shall continue for more than
five days unless proceedings regarding revocation have been duly instituted
in accordance with the provisions of this title.
(94-10)
A.
Any
permit issued pursuant to the provisions of this title may be revoked
by any officer or body charged with the responsibility of issuing
permits pursuant to this title, or the City Council.
B.
In the
event a permit is revoked pursuant to the provisions of this title,
no other permit shall be granted or issued under the provisions of
this title to the same applicant or any successors in interest within
one year of the date of revocation. A decision by the City Council
to deny or revoke a permit shall be final and conclusive in the matter.
(00-03)
A permittee shall be given written notice at least five days
prior to the date for the proposed revocation of the permittee's permit.
In the event that any officer or body other than the City Council
revokes such permit pursuant to the provisions of this title, the
applicant or permittee may appeal the decision of the officer or body
pursuant to provisions of this chapter.
(00-03)
A.
Any
person aggrieved by any determination, interpretation, decision, or
similar action taken by an officer or body charged with the responsibility
of issuing or revoking permits pursuant to this title may file for
an appeal of such action. The appeal shall be submitted to and received
by the City Clerk within ten days of the date of the notice of such
action for which the appeal is made. The appeal must be in writing
on forms provided by the City together with an appeal fee established
by resolution of the City Council which may be amended from time to
time. All appeals shall set forth the appellant's reason for asserting
the decision or action was in error, or in violation of this Code,
or other applicable law. Any action appealed shall be suspended until
action has been taken on the appeal. If no appeal is filed, the decision,
denial, revocation, or other action, shall become effective ten days
after the date of notice of such action.
B.
When
a timely appeal is filed, the appeal shall be referred to the City
Council at their next available meeting, or a later date if the applicant
agrees, or the City Manager may appoint a hearing officer or body
to conduct a hearing on the matter. The hearing officer may be the
assistant City Manager, the Director of Community Development, police
chief, or such person or body designated by one of them, to perform
all or a portion of his or her duties. In appeals involving land use
issues, the hearing body may be the Planning Commission. Except as
otherwise noted above, the hearing on an appeal shall take place within
45 days of the receipt of the appeal. The hearing officer or body
appointed by the City Manager shall receive relevant evidence and
review all facts of the appeal. The hearing officer or body may affirm
or reverse, wholly or partly, or may modify the decision, determination,
or action appealed. Any action by a hearing officer or body may be
appealed to the City Council pursuant to this chapter. Any action
appealed shall be suspended until action has been taken on the appeal
by the City Council.
C.
An appeal
of any action by a hearing officer or body shall be submitted to and
received by the City Clerk within ten days of the date of the notice
of such action for which the appeal is made. The appeal must be in
writing on forms provided by the City together with an appeal fee
established by resolution of the City Council which may be amended
from time to time. All appeals shall set forth the appellant's reason
for asserting the decision or action was in error, or in violation
of this Code or other applicable law. The appeal shall be considered
at the next available meeting of the City Council, or later date if
the applicant or permittee agrees.
D.
Upon
the timely filing of an appeal, the City Council shall review the
written appeal and the facts of the appeal. The City Council may do
one of the following:
1.
If
the City Council finds that no further evidentiary hearing is warranted,
after hearing such public comment as is required by law, the City
Council may affirm the decision or action for which the appeal is
made, and deny the appeal.
2.
If
the City Council finds the information presented in the written appeal
warrants further hearing, the City Council shall set a hearing for
the appeal at the next available City Council meeting, or a later
date if the applicant or permittee agrees. The hearing may be continued
from time to time, or referred to a council subcommittee for a hearing,
by a majority vote of the City Council. The City Council may affirm
or reverse, wholly or in part, or may modify the decision or action
for which the appeal is made.
3.
If
significant new evidence is presented in conjunction with the appeal,
the City Council may refer the matter back to the appropriate hearing
officer or body for further consideration and decision.
E.
The
decision of the City Council shall be final.
F.
Notice
of an appeal hearing shall be mailed to the applicant at the address
listed on the permit application and/or to the appellant at the address
listed on the submitted appeal forms.
(00-03)
Any member of the City Council may request the City Council review of any decision made by any employee, officer, or body pursuant to this chapter which would otherwise constitute a final action. A request for a City Council review shall be made within 15 calendar days of the date of the decision. The request may be made orally or in writing to the City Clerk, who shall set the matter for a hearing. Filing for a request for a review shall suspend the effective date of any of the decision until such decision has been reviewed by the City Council. Notice shall be given of the review, and the Council may take action on the review, in the same manner as for an appeal as set forth in Section 5.20.130.
(00-03)
