No person shall commence, conduct or purport to commence or
conduct the following business activities without a valid business
license:
1.
Adult
bookstores
2.
Animal
grooming
3.
Billiards
4.
Bingo
10.
Carnivals
and concessions
11.
Coin-operated
games and game arcades
12.
Dance
13.
Entertainment
14.
Escort
bureaus and introductory services
15.
Extended
hour businesses
16.
Fortunetelling
18.
Health
clubs
19.
Home
sharing
20.
Locksmith
21.
Massage
parlors and technicians
22.
Model
studios
23.
Motor
vehicle rental
24.
Pawnbrokers
and secondhand dealers
25.
Peddlers
and commercial solicitors
26.
Picture
arcades
27.
Private
patrol service
28.
Promoters
29.
Public
eating places and food establishments
30.
Sidewalk
vending
31.
Tanning
salon
32.
Tobacco
retailers
(Prior code § 6317; Ord. 90-269 § 1, 1990; Ord. 91-312U § 1, 1991; Ord. 92-328 § 1, 1992; Ord. 92-331 § 1, 1992; Ord. 92-335 § 1, 1992; Ord. 95-451 § 11, 1995; Ord. 07-765 § 1, 2007; Ord. 09-833 § 3, 2009; Ord. 12-889 § 1, 2012; Ord. 16-991 § 2, 2016; Ord. 17-1014 § 5, 2017; Ord. 17-1016 § 7, 2017; Ord. 17-1019 § 2, 2018; Ord. 18-1024 § 1, 2018; Ord. 19-1070U § 2, 2019)
a.
Interim License. Notwithstanding Sections 5.04.050 and 5.08.010, a person may begin operation of the following business activities upon issuance of an interim license. An interim license may be used to operate the business until such time as the regular business license is printed and sent to the business owner. An interim license will be issued only upon payment of all required fees and taxes and upon receipt of all agency sign-offs other than that of the Sheriff's Department. Only those licenses which are listed in this section are eligible for an interim license. The interim business license is valid only until the decision is made to issue or deny a business license or for three months, whichever is shorter. The issuance of an interim license in no way constitutes a promise or guarantee that a permanent license will be issued. The applicant must cease operation immediately if the permanent license is denied.
1.
Animal
grooming
2.
Billiards
3.
Bingo
4.
Card
or game clubs
5.
Carnivals
and concessions
6.
Coin-operated
games and game arcades
7.
Dance
8.
Entertainment
9.
Extended
hour businesses
10.
Fortunetelling
11.
Health clubs
13.
Motor vehicle rental
14.
[2]
These businesses may be issued interim licenses if the applicant
can provide proof of a current and valid license to conduct the same
business in the City of Beverly Hills or the City of Los Angeles.
[3]
These businesses may be issued interim licenses if the applicant
can provide proof of a current and valid license to conduct the same
business in the City of Beverly Hills or the City of Los Angeles.
15.
[4]
These businesses may be issued interim licenses if the applicant
can provide proof of a current and valid license to conduct the same
business in the City of Beverly Hills.
[5]
These businesses may be issued interim licenses if the applicant
can provide proof of a current and valid license to conduct the same
business in the City of Beverly Hills.
16.
Picture arcades
17.
Private patrol service
18.
Promoters
19.
Public eating places and food establishments
20.
Tanning salon
21.
Tow trucks
b.
Temporary Licenses. Temporary licenses are licenses issued for a period of three days or less. Temporary licenses may only be issued for peddlers and solicitors, sidewalk vendors, promoters, and cannabis event retailers and or organizers who are operating in connection with a single event for a period of three days or less. Temporary licenses are not available for businesses which operate regularly in the city, except for cannabis businesses. Temporary licenses issued for city approved cannabis events may require a hearing before the Business License Commission before licensing pursuant to Section 5.70.045. Temporary licenses shall be required for each separate location and event. The fees for the specific temporary licenses shall be set by resolution of the City Council. No more than two temporary licenses shall be issued per twelve-month period to the same licensee.
(Prior code § 6318; Ord. 90-269 § 1, 1990; Ord. 95-451 § 12, 1995; Ord. 07-765 § 2, 2007; Ord. 12-889 § 2, 2012; Ord. 16-983 § 1, 2016; Ord. 19-1080 § 2, 2019; Ord. 23-08 § 5, 2023)
A seasonal business license, issued for a period of less than
one year, may be issued if it is shown to the satisfaction of the
Director that the business cannot be carried on during the entire
year because it is of a seasonal nature, or because of statutory or
ordinance regulations or restrictions, or for similar reasons. The
issuance of a seasonal license may not conflict with existing zoning
code regulations.
(Prior code § 6319; Ord. 90-269 § 1, 1990; Ord. 08-800 § 2, 2008)
a.
Generally. Every application for a business license required under this chapter shall be signed by the applicant and shall contain information prescribed by the Director and any additional information required for the licensing of any particular business pursuant to Chapters 5.16 through 5.122.
The determination of whether the application is complete shall
be made in the manner prescribed by the Director.
b.
Fingerprinting and Photo Identification. The rules and regulations
governing the procedure for fingerprinting and photo identification,
where such fingerprinting and photo identification is required in
an application for a particular business license, shall be established
by resolution of the City Council from time to time.
(Prior code § 6320; Ord. 90-269 § 1, 1990; Ord. 08-800 § 2, 2008; Ord. 17-1019 § 3, 2018; Ord. 19-1070U § 2, 2019)
a.
Responsibility. The responsibility for approving business
license applications shall be as follows:
1.
Business License Applications Which Do Not Require Hearings. These business license applications shall be subject to the approval of the Director. Any person may request a hearing on the Director's decision on the application in a manner consistent with the requirements of Section 5.08.070. Timely request for a hearing shall entitle the aggrieved party to a hearing.
2.
Business
License Applications Which Require Hearings. These business license
applications shall be subject to the approval of the Business License
Commission.
(Prior code § 6321; Ord. 90-269 § 1, 1990; Ord. 08-800 § 2, 2008; Ord. 19-1070U § 2, 2019)
a.
Generally. Once a completed application is filed, and the
applicant pays the prescribed business license fee, the Director shall
initiate an investigation of facts for each business license application
with the appropriate city and County agencies designated to review
such applications. This departmental review process shall ensure that
the action on each business license application is consistent with
the intent and purpose of this chapter.
b.
First Amendment Activities. In the case of businesses involving
First Amendment activities, this investigation shall be completed
within thirty days and the Director's decision approving or denying
the business license shall be made within that thirty-day period.
(Prior code § 6322; Ord. 90-269 § 1, 1990; Ord. 08-800 § 2, 2008)
a.
Notice Where Commission Review Required. Upon receipt in proper form of a business license application requiring Commission review, as specified in Section 5.08.010, a notice of the hearing shall be given at least ten days prior to the hearing in the following manner:
1.
Notice of the public hearing shall be posted at the three legal posting places specified in Section 1.16.010 of this code and shall include the time, place and date set for hearing as well as the business activity proposed to be operated, and the location of operation of such proposed business activity;
2.
Notice
of the public hearing shall be posted on the site at which the proposed
business activity is to be located and upon the street on which the
proposed business activity is to be located. Such notice shall include
the information specified in subdivision (1) of this subsection; and
3.
Notice
shall be mailed, postage prepaid, to the owners and tenants of the
properties within a radius of five hundred feet of the exterior boundaries
of the property involved in the application. For this purpose, the
applicant shall provide the last known name and address of such owners
as obtained from the last equalized assessment role or from such other
records of the assessor or tax collector that contain more recent
addresses. The applicant shall sign an affidavit verifying the authenticity
and accuracy of the list.
b.
Hearings. The Commission shall have the authority to hold
all hearings otherwise required of it under this chapter. Such hearings
shall be held as follows:
1.
Testimony.
At the time set for the hearing, or at the date to which the hearing
may be continued, the Commission shall hear the applicant, who may
present any facts to show why the license should be granted or not,
and shall hear testimony from all other interested persons who attend
the hearing to present reasons why the license should be granted or
not.
2.
Filing
Protests. Any person interested, at any time after the filing of an
application or before the close of the public hearing regarding such
application, or at any time after the filing of an application and
before the close of director review as specified in subsection (a)(2)
of this section, may file written letters of support or protest, for
or against the granting of such application. The Commission, in considering
the application, shall give consideration to all such documents so
filed.
(Prior code § 6323; Ord. 90-269 § 1, 1990; Ord. 95-451 §§ 13, 14, 1995)
a.
Business Activities Involving Free Speech. The Director
shall approve an application for business activities involving free
speech, and licenses to manage such establishments, unless any of
the following findings are made in an affirmative manner:
1.
The
building, structure, premises, or the equipment used to conduct the
business activity fails to comply with all applicable health, zoning,
fire, building and safety laws of the State of California or of the
City of West Hollywood;
2.
The
applicant has knowingly made any false, misleading or fraudulent statement
of material fact in the application for the business license or in
any report or statement required to be fled with the Director or the
Commission;
3.
The
business is prohibited by any local or state law, statute, rule or
regulation, or prohibited in the particular location or zone by any
law, statute, rule, or regulation;
b.
Business Activities Not Involving Free Speech. The Director
or the Commission shall not approve an application for a business
license for business activities not involving free speech if any of
the following findings are made:
1.
The
building, structure, premises, or the equipment used to conduct the
business activity fails to comply with all applicable health, zoning,
fire, building and safety laws of the State of California or of the
City of West Hollywood;
2.
The
applicant has knowingly made any false, misleading or fraudulent statement
of material fact in the application for the business license or in
any report or statement required to be filed with the Director or
the Commission;
3.
The
business is prohibited by any local or state law, statute, rule or
regulation, or prohibited in the particular location or zone by any
law, statute, rule, or regulation;
4.
The
applicant is found to have committed a crime involving moral turpitude
which is substantially related to the business activity for which
the license is being sought;
5.
The
applicant, his or her agent or employee, or any person connected or
associated with the applicant as partner, director, officer, stockholder,
associate or manager, has committed, assisted in, or incited the commission
of any act, or act of omission, which would be grounds for disciplinary
action under this chapter if committed by a licensee;
6.
The
establishment of the business will be detrimental to the public health,
safety or welfare of the community.
(Prior code § 6324; Ord. 90-269 § 1, 1990; Ord. 95-442U § 2, 1995)
a.
Limitation on New Applications. If an applicant's business
license application for a particular business activity has been denied,
the Director shall not process a new application by that applicant
for that business activity for a twelve month period after the denial
unless the Director determines that the reason for the denial has
been cured and no longer exists.
b.
Appealability. The denial of an application for a business not involving First Amendment activity may be appealed to the Business License Commission in a manner consistent with Section 5.08.070. The decision of the Business License Commission may be appealed pursuant to Section 5.08.220. The grant or denial of an application for a business involving First Amendment activity, or for a license to manage such an establishment may be appealed, by any person, directly to the City Council pursuant to Section 5.08.220.
(Prior code § 6325; Ord. 90-269 § 1, 1990; Ord. 95-442U § 3, 1995; Ord. 08-800 § 2, 2008)
When any person is engaged at one location or place in more than one business activity for which a business license is required, that person shall be deemed to be conducting each business activity separate and apart from each other business activity even if the separate business activities constitute only one business. The total fees for the business activities shall be determined pursuant to Section 5.04.130.
(Prior code § 6326; Ord. 90-269 § 1, 1990)
a.
Generally. The operative date for a business license shall be the date of approval of the application by the Director or Commission, except that if the licensee had first received a temporary permit pursuant to Section 5.08.020, then the date that the temporary permit was issued shall be the operative date of the business license.
b.
Renewals. The operative date for a business license renewal
shall be as follows:
1.
If
the Director or Commission approved the original business license
during the period beginning with the first day of the month and ending
the fifteenth day of the month, then the license shall be deemed effective
from the first day of the month in which the license application was
approved.
2.
If
the Director or Commission approved the original business license
during the period beginning on the sixteenth day of the month and
ending on the last day of the month, then the license renewal shall
be deemed effective from the first day of the month succeeding the
month in which the license application was approved.
3.
If the applicant had previously obtained an interim license, pursuant to Section 5.08.020, which was later approved as a business license, then the renewal date of the license shall be determined according to the date of issuance of the interim license. If such was issued within the first fifteen days of the month, then the renewal date of the license shall be calculated according to subsection (b)(1). If such was issued during the latter half of the month, commencing with the sixteenth day thereof, then the renewal date of the license shall be calculated pursuant to subsection (b)(2).
(Prior code § 6327; Ord. 90-269 § 1, 1990; Ord. 95-451 § 15, 1995)
a.
License Validity and Grounds for Suspension. Whenever the provisions of this chapter require an applicant for any business license to procure, post or maintain in effect any bond, undertaking, deposit, surety or policy of insurance, any business license so issued is good only while such bond, undertaking, deposit, surety or policy of insurance is in full force and effect. The license shall automatically be suspended without notice if at any time such bond, undertaking, deposit, surety or policy of insurance is not in full force and effect. The Director shall notify the licensee in writing of any suspension, pursuant to this section and within ten days thereafter, the licensee may request in writing a hearing before the Business License Commission. The Commission shall hold a public hearing in a manner consistent with Section 5.08.070, and as indicated by the evidence received at the hearing, may revoke the license or terminate the suspension and restore the license. If the licensee does not request a hearing, the license is automatically revoked at the end of ten days following the notification of suspension.
b.
Cancellation of Insurance or Bond. Except as otherwise provided,
a policy of insurance or a bond or undertaking required under this
chapter shall not be accepted unless it is not subject to cancellation
or unless it provides that it shall not be canceled until thirty days
after the insurer or surety gives notice thereof to the Director.
If a licensee learns that such a bond, undertaking or policy of insurance
will be or has been canceled, such licensee shall notify the Director
within three days of such notice. If a new bond, undertaking or policy
of insurance acceptable to the Director is filed before the old one
is canceled or expires, then the license will continue in full force.
Any employee, officer or department informed of any change or
cancellation of any insurance policy, undertaking or bond required
under this chapter shall immediately notify the Director of such change
or cancellation.
c.
Contents of Insurance Policy. In every instance where an
insurance policy is required for the licensing of a particular business,
such insurance shall fulfill the following requirements unless the
Business License Commission, upon application, notice and hearing,
directs otherwise:
1.
It
shall be primary and not contributing to any other insurance maintained
by the city;
2.
It
shall name the City of West Hollywood, its City Council, and its officers,
agents and employees as additional insureds;
3.
Its
liability limit shall be a minimum of one million ($1,000,000.00)
dollars;
4.
It
shall bear a deductible in an amount satisfactory to the Director;
5.
It
shall be provided by an insurer satisfactory to the City of West Hollywood;
and
6.
It
shall provide the Director with thirty days prior notice of any cancellation
or modification of the policy.
d.
Indemnification. Whenever this chapter requires that a business
license applicant or licensee indemnify the city, the applicant or
licensee shall be required to sign an indemnification statement that
reads substantially as follows:
It shall be a condition of each license issued under this section
that the licensee agrees to indemnify, hold harmless, and defend the
city and its Council and each member thereof, and every officer and
employee of the city, from any and all liability or financial loss
resulting from any suits, claims, losses, or actions brought by any
person and from costs and expenses of litigation, including attorney
fees, by reason of injury to any person, including, but not limited
to, officers and employees of the licensee, performed under and pursuant
to such license or any and all activities, operations, and conditions
in any manner connected therewith or pertaining thereto. Such indemnity
shall include, but not be limited to, any and all liabilities, demands,
claims, damages, losses, costs and expenses caused or alleged to have
been caused by any negligent or other act of any such licensee.
(Prior code § 6328; Ord. 90-269 § 1, 1990; Ord. 08-800 § 2, 2008)
a.
Generally. Except as otherwise provided in subsection (e) of this section, when an applicant submits a timely business license renewal, the Director shall renew the license effective upon the expiration of the old license.
b.
Renewal Application Deadlines. Every person desiring to
continue in business after the expiration of the license period shall
file an application for renewal not less than thirty days prior to
the expiration of the license period. In the case of a business activity
having a fixed location, a license for a different location is not
a renewal and is deemed a new application.
c.
Late Applications – Before Expiration. The Director may accept an application for renewal after the time specified in subsection (b) of this section if it is filed before the expiration of the former license. The filing of such late application shall give the applicant no greater rights than the filing of an application for a new license.
d.
Late Application – After Expiration.
1.
Except
as otherwise provided for in this section, the Director shall not
accept a renewal application for a license which has expired, or which
for any other reason is not in full force and effect. The applicant
may apply for a new license if not prohibited from doing so by any
other provision of this chapter, accompanying such application with
the required fee for a new license.
2.
The
Director may accept an application for a renewal after the time specified
in subsection (b) of this section if it is filed not later than sixty
days after the expiration of the former license and if he or she finds
good cause for why the license was not filed before the expiration
thereof. When an application is submitted pursuant to this section,
the fee shall be equal to the renewal fee plus twenty-five percent
thereof. Such application shall give the applicant no greater rights
than the filing of an application for a new license.
e.
Imposition of Conditions on Renewal; Hearings. The Director
upon thirty days' written notice to the licensee may impose conditions
on the renewal of a license as may be required to assure that the
business operates in a manner consistent with the requirements of
this code and the public health, safety and welfare with the exception
of conditions regarding the hours of operation. Conditions addressing
hours of operation must have a duly noticed public hearing through
the Business License Commission or the City Council.
f.
Appeal of Conditions of Renewal. Within thirty days of receipt of the notification from the Director of the imposition of conditions on a renewal, the licensee may in writing object to the conditions and request a public hearing before the Commission. In that event, the Director shall set the application for renewal for public hearing before the Commission in the manner described in Section 5.08.070.
g.
Associated Fees. No license shall be renewed unless all
other city fees and taxes owed by the applicant (for example, encroachment
permit and business taxes) are paid in full.
(Prior code § 6329; Ord. 90-269 § 1, 1990; Ord. 06-730 §§ 1, 2, 2006; Ord. 08-800 § 2, 2008; Ord. 12-896 § 1, 2012)
a.
Transfers of Ownership. A new business license is required whenever there is a transfer in ownership of a business required to have a license pursuant to Section 5.08.010. If there is no change in the nature or scope of business or in the business location and if the previous owner has a valid business license at the time of transfer, the new license shall be issued upon filing of a complete application and payment of all required fees and taxes. For the purposes of the previous sentence only, the Community Development Department may deem an application complete even without other agency sign-offs. However, if the original business license application process required the business owner to be fingerprinted and/or a background investigation to be conducted, then the new business owner must also be fingerprinted and the new license shall be subject to the Sheriff's signoff following a background investigation. The following transactions shall be considered transfers:
1.
The
addition or withdrawal of a new partner or partners; or
2.
The
transfer of a business from one partnership to another; or
3.
The
transfer of a business from a partnership to a corporation; or
4.
The
transfer of a business from one corporation to another; or
5.
The
transfer of a business from a corporation to a partnership; or
6.
The
transfer of a business from a corporation to an individual, or vice
versa, unless the corporation and the individual are the same person;
or
7.
The
transfer of a business from a partnership to an individual, or vice
versa; or
8.
The
transfer of a majority share of stock in a corporation from one shareholder
to another.
b.
Change of Name. Whenever a business required to have a license pursuant to Section 5.08.010 changes its name, the licensee shall submit an application to amend its existing license to reflect the new business name. A new license is not required, provided there is no transfer of ownership or change in the nature or scope of business and if the licensee operating under the previous name has a valid business license at the time of the change of name. For the purpose of the previous sentence the Public Works Department may deem an application complete even without other agency sign-offs.
c.
Change of Location. Whenever a business required to have a license pursuant to Section 5.08.010 changes its business location, the licensee shall submit an application to amend its existing license to reflect the new business address. A new license is not required, provided there is no transfer of ownership or change in the nature or scope of business and if the licensee operating under the previous name has a valid business license at the time of the change of location. All applicable agency sign-offs are required to approve a license amendment changing a business location.
d.
Change in Business. A new business license is required whenever there is a change in the nature or scope of the business required to have a license pursuant to Section 5.08.010.
e.
Vehicle Permit Transfers. Except as otherwise provided,
vehicle permits, where required, are interchangeable from one vehicle
to another where one vehicle is being put out of operation and another
is replacing it.
(Prior code § 6330; Ord. 90-269 § 1, 1990; Ord. 95-451 § 16, 1995; Ord. 11-878 § 1, 2011; Ord. 17-1019 § 4, 2018)
Any license issued by the city may be conditioned, modified, suspended or revoked for cause by the Commission pursuant to Section 5.08.190.
(Prior code § 6331; Ord. 90-269 § 1, 1990)
A public hearing to determine whether or not an existing license
should be conditioned, modified, suspended or revoked shall be initiated
by a written statement of charges. Such statement may be initiated
by any department or agency required to review or inspect the licensed
activity for compliance with city regulations. Such statement shall
be submitted to the Director.
(Prior code § 6332; Ord. 90-269 § 1, 1990; Ord. 08-800 § 2, 2008)
If the Director determines that a hearing is warranted, notice of said hearing shall be made to the applicant pursuant to Section 5.08.070.
(Prior code § 6333; Ord. 90-269 § 1, 1990; Ord. 08-800 § 2, 2008)
a.
Right to Witnesses. The licensee or legal representative
of the licensee shall have the right to bring witnesses to testify
on his or her behalf.
b.
Rules of Evidence. Hearings need not be conducted according
to technical rules relating to evidence and witnesses. Oral evidence
shall be taken only on oath or affirmation.
c.
Decision. The Commission shall issue its decision by written
decision. The decision shall contain a determination of the issues
presented.
(Prior code § 6334; Ord. 90-269 § 1, 1990)
After public hearing, the Commission may condition, modify,
suspend or revoke a business license for any business activity required
to be licensed under this chapter if the Commission finds that one
or more of the following conditions exist:
a.
For Businesses Involving First Amendment Activities.
1.
That
the building, structure, or equipment used in the conduct of the business
does not comply with or fails to meet any health, zoning, fire, and
building and safety laws of the state of California or the ordinances
of the City of West Hollywood;
2.
That
the licensee, licensee's employees, agents or manager has violated
any statute or any ordinance of the West Hollywood Municipal Code
resulting from any act performed in the exercise of any rights permitted
by the issuance of the license which is being considered for revocation;
3.
That
the licensee has knowingly made any false, misleading or fraudulent
statement of material fact in the application for a license, or in
any report or record to be filed with the Director or the Commission;
4.
That
the licensee, licensee's employees, agents or manager, has violated
any provision of federal or state law or any provision of the City
of West Hollywood Business License Ordinance, the City of West Hollywood
Municipal Code or any other rule or regulation on the business premises
or relating to the licensed activity;
5.
That
the licensee, licensee's employees, agents or manager has published,
uttered or disseminated any false, deceptive or misleading statements
or advertisements in connection with the licensed business;
6.
That
the licensee has failed or refused to notify the Director or designee
of any change in facts as required by this chapter within ten days
after such change;
7.
That
the licensee, licensee's employees, agents or manager has violated
any conditions or restrictions of the license;
8.
That
the licensee, licensee's employees, agents or manager have permitted,
allowed or failed to prevent the use of the business as a base or
magnet for unlawful or criminal activity, including, but not limited
to, solicitation, prostitution and drug trafficking.
b.
Businesses Which Do Not Involve Free Speech.
1.
That
the building, structure, or equipment used in the conduct of the business
does not comply with or fails to meet any health, zoning, fire, and
building and safety laws of the state of California or the ordinances
of the City of West Hollywood;
2.
That
the licensee, licensee's employees, agents or manager, has violated
any federal or state statute or any ordinance of the West Hollywood
Municipal Code resulting from any act performed in the exercise of
any rights permitted by the issuance of the license which is being
considered for revocation;
3.
That
the licensee has been found to have committed a crime of moral turpitude
which bears a substantial relationship to the conduct of the business
activity whose license is being considered for revocation;
4.
That
the licensee has knowingly made any false, misleading or fraudulent
statement of material fact in the application for a license, or in
any report or record to be filed with the Director or the Commission;
5.
That
the licensee, licensee's employees, agents or manager, has violated
any provision of federal or state law or any provision of the City
of West Hollywood Business License Ordinance, the City of West Hollywood
Municipal Code or any other statute, rule or regulation on the business
premises or relating to the licensed activity;
6.
That
the licensee, licensee's employees, agents or manager, has published,
uttered or disseminated any false, deceptive or misleading statements
or advertisements in connection with the operation of the licensed
business;
7.
That
the licensee has failed or refused to notify the Director or designee
of any change in facts as required by this chapter within ten days
after such change;
8.
That
the licensee, licensee's employees, agents or managers, has violated
any conditions or restrictions of the license;
9.
That
the licensee has been held liable or convicted of any offense involving
the maintenance of a nuisance resulting from any act performed in
the exercise of any rights permitted by the issuance of the license
which is being considered for revocation;
10.
That the licensee, licensee's employees, agents or manager, has violated
any rule or regulation adopted by the Commission relating to the licensee's
business;
11.
That the licensee, licensee's employees, agents or manager has violated
any rule or regulation adopted by any governmental agency relating
to the licensee's business;
12.
That the licensee has conducted the licensed business in a manner
contrary to the peace, health, safety and the general welfare of the
public.
(Prior code § 6335; Ord. 90-269 § 1, 1990; Ord. 08-800 § 2, 2008)
a.
No business
license fee refunds shall be issued to any licensee upon revocation
of a business license.
b.
Upon revocation of any business license for cause under this chapter, no business license to operate the same business activity shall be granted to the same person within one year after such revocation. The first such application following the revocation may be approved only after a hearing conducted pursuant to Section 5.08.070.
c.
Whenever
a license is suspended or revoked, the sheriff shall take into possession
the business license for the subject business activity. The licensee
shall surrender the business license, license stickers, or similar
evidence of a license to the Director or sheriff.
d.
Upon
revocation or suspension of a business license, the licensee shall
cease operation of the business activity immediately. Except as otherwise
provided, in the event that the license is suspended, the licensee
may resume operation once the suspension period has expired.
(Prior code § 6336; Ord. 90-269 § 1, 1990; Ord. 08-800 § 2, 2008; Ord. 09-805 § 1, 2009)
a.
Right to Condition License. The Director, the Commission
or the City Council, as applicable, may condition any business license
if they find that grounds for denial or revocation of a business license
exist or that the manner in which the business has been conducted
or operated is detrimental to the public health, safety, and welfare
in that:
1.
The
licensee, the licensee's agent, manager or employees have failed to
maintain the premises in a neat and clean condition and have allowed
the business premises to deteriorate and become blighted;
2.
The
licensee, the licensee's agent, manager or employees have allowed,
or failed to prevent, the business premises to be used by its patrons
as a magnet for criminal or otherwise unlawful activity;
3.
The
licensee, the licensee's agent, manager or employees have allowed
or failed to discourage criminal or otherwise unlawful activity to
occur on or immediately adjacent to the business premises;
4.
The
licensee, the licensee's agent, manager or employees have failed to
provide adequate parking to serve the volume of patrons it generates,
thus causing patrons to cruise on neighborhood streets, looking for
parking, and causing other traffic related noise and disturbances;
or
5.
The
licensee, the licensee's agent, manager or employees have failed to
control the actions of the businesses' patrons in and immediately
adjacent to the business premises.
b.
Application to Change Conditions. The Business License Commission may change, modify or eliminate any conditions previously placed on a license upon written request of the licensee if it finds that the reasons for the original imposition of such conditions have been cured or no longer exist. Applications to change conditions shall be noticed and set for public hearing in a manner consistent with Section 5.08.070.
c.
Noise Abatement. Whenever, upon due notice and hearing pursuant to Section 5.08.070, it shall be determined by the Commission that noise from any establishment licensed under this chapter interferes with the right of persons dwelling in the vicinity of such establishment to the peaceful and quiet use and enjoyment of their property, or that the establishment licensed under this chapter is in violation of the Noise Control Ordinance of the City of West Hollywood, as set forth in Chapter 9.08 of the West Hollywood Municipal Code, the Commission may require that the premises of the business activity be soundproofed to eliminate the noise or reduce it to a reasonable level. In taking any action under this section, the Commission must balance all of the interests of the respective parties, as well as the hardship which will result from any order. If the Commission finds that the noise complained of is of a minimal or inconsequential degree, no action shall be taken under this section.
(Prior code § 6337; Ord. 90-269 § 1, 1990; Ord. 21-1163 § 3, 2021)
a.
Who May Appeal. Any person dissatisfied with any decision
of the Business License Commission may file with the City Clerk a
notice of appeal to the City Council. The appellant or the appellant's
legal representative must sign the notice and pay the filing fee at
the time of filing the appeal.
b.
Time for Filing. An appeal must be filed within fifteen
days of the mailing date of the decision.
c.
Stay of Proceedings. If a timely appeal is filed, the effect
of the Commission's decision will be stayed pending the Council's
resolution of the matter unless the Commission specifically finds
that the public health and safety is endangered.
d.
Contents of Appeal.
1.
An
application for an appeal must include a general statement specifying
the basis for the appeal and the specific aspect of the decision being
appealed. The appeal may also include argument and points and authorities
of law.
3.
An
appeal must be accompanied by supporting evidence substantiating the
basis for the appeal.
e.
Withdrawal of Appeal. Once filed, an appeal may only be
withdrawn by a written request submitted to the Director, with the
signatures of all persons who filed the appeal.
(Prior code § 6338; Ord. 90-269 § 1, 1990; Ord. 08-799 § 1, 2008)
a.
Transmission of Evidence. Upon receipt by the City Clerk
of a timely notice of appeal, the City Clerk will notify the Director
of the notice of appeal and the Director will transmit to the Council
the evidence from the Commission proceeding, the original application,
and the findings and decision of the Commission.
b.
Notice of Hearing. The Director must give at least ten days'
written notice to the appellant, licensee, respondent, and Sheriff's
Department of the date, time, and place of the hearing.
c.
Public Notice. The Director will provide public notice in
the same manner in which the original public hearing for the subject
license was provided.
d.
Staff Report. The Director or designee will prepare a staff
report on an appeal of a determination by the Commission. The staff
report may include a written recommendation to the Council to affirm,
reverse, modify, or remand the decision of the Commission and will
set forth all pertinent facts upon which the recommendation is based.
The staff report will be mailed to the parties and be made available
for public inspection at least seventy-two hours prior to the date
set for Council action on the appeal.
(Prior code § 6339; Ord. 90-269 § 1, 1990; Ord. 08-799 § 1, 2008; Ord. 08-800 § 2, 2008)
a.
Council Action. At the hearing, the Council may consider
any issue involving or related to the matter that is the subject of
the appeal, in addition to the specific grounds for the appeal, and
may require the parties to submit argument and points and authorities
of law before rendering a decision. The Council will conclude the
proceedings with one of the following actions:
1.
Render
a decision upholding, reversing, or modifying in any respect the Commission's
decision;
2.
Remand
the controversy to the Commission with directions; or
3.
If
new or different evidence is presented in the appeal, the Council
may, but is not required to, refer the matter back to the Commission
for further considerations. Any new evidence must relate to the subject
matter of the appeal.
b.
Effect of a Deadlock. In the event that an appeal from an
action of the Commission results in a deadlock vote by the Council,
the action of the Commission shall become final.
c.
Final Action. The decision of the City Council shall be
final.
d.
Business Activities Involving Free Speech. A hearing on
an appeal of a decision by the Director denying or granting a license
to a business involving free speech, or a license to manage such an
establishment, must be held and action taken at the next regularly
scheduled City Council meeting following the timely filing of a complete
appeal. The hearing on appeal must take place within thirty days after
the date on which a timely and complete notice of appeal is received,
unless the applicant requests an extension.
(Prior code § 6340; Ord. 90-269 § 1, 1990; Ord. 95-442U § 4, 1995; Ord. 08-799 § 1, 2008)
A violation of this title, excluding Sections 5.70.070, 5.92.050(1)(j), 5.92.050(2)(d), 5.108.040(a) and (h), and 5.108.110(a) is subject to the administrative penalty provisions of Sections 1.08.030 through 1.08.070 of this code. Where the violation is of a continuing nature, each day or portion thereof wherein the violation continues constitutes a separate and distinct violation. It is a violation of this chapter to knowingly make a false statement in any application for a license or permit or in any report required under this chapter.
(Prior code § 6341; Ord. 90-269 § 1, 1990; Ord. 95-451 § 17, 1995; Ord. 97-507 § 14, 1997; Ord. 09-804 § 2, 2009; Ord. 10-850 § 3, 2010; Ord. 10-851U § 3, 2010; Ord. 19-1070U § 2, 2019)
