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.
"Business permit"
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.
"Officer or body required to act upon any application"
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.
"Permit committee" or "permit and license committee"
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. 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 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)
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)