There are certain types of enterprises which require special
investigation, review and regulation in order to ensure that the public
health, safety and welfare is adequately protected. The necessity
to conduct such investigation, review and regulation arises for reasons
which include, but are not necessarily limited to, the following:
A. The
tendency of certain types of enterprises to engage, whether intentionally
or unintentionally, in the promotion of crime, whether through the
sale of stolen goods or otherwise;
B. The
tendency of certain types of enterprises to be placed where criminal
activity occurs either by virtue of the type of clientele attracted
or for other reasons;
C. The
fact that patrons of particular types of enterprises are vulnerable
to fraudulent charging or other practices either because of the nature
of the business, the type of service or merchandise offered, the circumstances
under which the merchandise or service is purchased, or for other
reasons;
D. The
fact that certain types of enterprises create health or safety risks
which require special regulation; and
E. The
fact that certain types of enterprises require access to private property,
particularly residential property, or frequent residential neighborhoods,
generating high risks to the safety of persons and property.
Other types of enterprises provide services essential to the
health, safety or welfare of the community, and require special regulation
in order to insure delivery of such services in a volume, manner and
quality sufficient to insure protection of the community.
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The purposes of this chapter are to establish special regulations
applicable to the types of enterprises regulated hereunder, and to
regulate such enterprises through a Special Business Licensing procedure
in order to protect and safeguard the health, safety and welfare of
the citizens within the unincorporated area.
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(SCC 578 § 4, 1983; SCC
1595 § 25, 2016)
No person shall, unless under and by authority of a valid unexpired
and unrevoked Special Business License, conduct or operate within
the unincorporated area of the County, whether singularly or in connection
with another type of enterprise, the following:
A. Any enterprise or activity for which a Special Business License is required by Chapters
4.14 through
4.50, inclusive;
B. Antique
dealers—in firearms, jewelry, art objects, furniture or other
valuables;
C. Automobile
dismantlers—and marketers of used parts for automobiles;
D. Automobile
repairs-when the person or firm makes calls at the home or business
of the customer to make repairs;
E. Circuses
and carnivals—including the maintenance of animals for display
to, riding by or petting by children;
F. Sales
of concealable firearms—including gunpowder;
G. Home
repair services—consisting of services related to the repair
or maintenance of single-family residential dwellings, mobile homes,
or gardens by persons who are not licensed to perform such services
by the State of California, including businesses offering energy-saving
appliances, equipment, or services, whether in connection with solar,
wind or other power;
H. Purchase
or sale of metals – including precious and scrap metals;
I. Auto
towing—consisting of persons who engage in the business of towing
automobiles which require repair, are abandoned on public rights of
way, or are parked illegally;
J. Repossession
or storage of automobiles—or any other thing of value;
K. The
operator of each booth—in a bazaar, flea market or other similar
type of auction established for the purpose of selling merchandise,
including food, for private gain;
L. Private
security companies;
N. Motorcycle
sales—including the sale of new and used parts;
O. Wrecking
yards—including automobile dismantling and the buying and selling
of automobiles of scrap metal or parts.
A person shall be deemed to operate or conduct an enterprise or activity and violate this section and corresponding prohibitions in Chapters 4.14 through 4.50, inclusive, if the person, without an applicable Special Business License in effect, supervises, inspects, directs, organizes, manages or controls or is in any way responsible for or in charge of the enterprise or activity for which the License is required.
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(SCC 578 § 4, 1983; SCC
0737 § 1, 1988; SCC 0804 § 22,
1990; SCC 1224 § 1, 2002; SCC 1368 § 2, 2007; SCC 1595 § 25,
2016)
If a person conducts or operates more than one of the types of enterprises described by Section
4.10.005, a separate Special Business License shall be required for each type of enterprise which the person operates or conducts.
A person who operates or conducts more than one store, office, outlet or other branch of a particular type of enterprise described by Section
4.10.005 shall not be required to obtain more than one Special Business License for that type of enterprise, regardless of the number of stores, offices, outlets or branches operated or conducted.
(SCC 578 § 4, 1983)
Except as otherwise expressly provided, a Special Business License shall be required for each particular type of enterprise described by Section
4.10.005 which is operated or conducted within the unincorporated area of the County, whether or not the enterprise is operated at a fixed location within the unincorporated area.
An enterprise shall be deemed to be operated or conducted within
the unincorporated area if representatives of the enterprise offer
or sell goods or services or provide services within the unincorporated
area, whether the enterprise is operated from a fixed location within
another jurisdiction, and whether the enterprise has a fixed location
at all.
(SCC 578 § 4, 1983)
Certain of the types of enterprises described by Section
4.10.005 are subjected to special regulations governing their operations. These regulations are set forth in Chapters
4.14 through
4.50. Except as otherwise provided, the provisions of this chapter shall be fully applicable to the enterprises identified by Chapters
4.14 through
4.50.
The provisions of this chapter shall be independently applicable to any enterprise described by Section
4.10.005 which are also regulated under the provisions of Chapter
4.06. The issuance of a General Business License to an enterprise described by Section
4.10.005 shall not excuse the enterprise from the requirement that a Special Business License be obtained pursuant to the provisions of this chapter. The issuance of a Special Business License shall not be deemed to relieve the holders of a requirement, under Chapter
4.06, that a General Business License be obtained. A Special Business License shall not be deemed to authorize operation of an enterprise business at a particular location, if a General Business License is required and there is no such License in full force and effect.
(SCC 578 § 4, 1983)
All applications for Special Business Licenses shall be filed
in the Office of the Tax and License Collector. The Tax and License
Collector shall receive any fee required for the application, assure
that the application is complete, and refer the application to the
Sheriff for processing, investigation, review and action.
(SCC 578 § 4, 1983; SCC
1005 § 10, 1998; SCC 1267 § 44,
2004)
Unless otherwise provided under this title, the application
for a Special Business License shall be filed on a form and contain
such information as is prescribed by the Sheriff, including the following:
A. A complete
description of the type, nature and extent of the enterprise to be
conducted and for which application is made;
B. The
address of each location from which the enterprise for which application
is made will be operated;
C. The
name and address of the person who owns the enterprise for which application
is made;
D. Such
information as is necessary to permit the determinations prescribed
by Section 4.10.040(c);
E. Identification
of each type and location of enterprise conducted by the owner within
the unincorporated area of the County;
F. Such
other and further information as is deemed necessary to administer
the provisions of this chapter.
(SCC 578 § 4, 1983; SCC
0804 § 23, 1990; SCC 1105 § 11,
1998; SCC 1267 § 45, 2004; SCC 1595 § 26, 2016)
The Sheriff shall conduct such investigation of the background of the owner or owners and persons managing or supervising the enterprise as is deemed appropriate. The Sheriff shall evaluate each application to determine whether the operation of the enterprise would involve an unreasonable risk to the health, safety or general welfare of the public. Those persons described by subsections (C)(1) through (C)(8) of Section
4.10.040 shall be fingerprinted and photographed; and consideration shall be given to the criminal record, if any, and character of the owner and other persons connected with the enterprise, the business responsibility of the firm and the owner, and the manner in which the owner intends to conduct the enterprise.
(SCC 578 § 4, 1983; SCC
0804 § 24, 1990; SCC 1595 § 26,
2016)
The Sheriff shall issue the Special Business License within
90 days after the date of application unless any of the following
apply, in which case, the Sheriff may deny the application:
A. The
Sheriff finds in writing that the applicant fails to provide information
in connection with the application requested by the Sheriff as a basis
for enabling the Sheriff to make his or her determination;
B. The
Sheriff finds in writing that any of the statements made in the application
or any information submitted supplementary thereto is incorrect or
untrue;
C. The
Sheriff finds in writing that any of the following persons has been
convicted of a crime and the time for appeal has elapsed, or when
an order granting probation is made suspending the imposition of sentence,
irrespective of the entry of a subsequent order under California Penal
Code Section 1203.4; or has done any act involving dishonesty, fraud
or deceit with intent to substantially injure another; and the Sheriff
concludes that by reason of the crime or act the applicant would not
conduct the enterprise in a law abiding manner or in a manner which
does not subject patrons of the enterprise to risk of harm or criminal,
deceitful or otherwise unethical practices:
1. A
general or limited partnership of a partnership, which possesses an
ownership interest in the enterprise;
2. A
joint venturer in a joint venture which possesses an ownership interest
in the enterprise and if one or more of the joint venturers is a partnership
or corporation, those partners, directors or stockholders to whom
the requirements of this section would apply if the partnership or
corporation were the sole owner of the enterprise;
3. A
sole proprietor when the enterprise is a sole proprietorship;
4. An
owner of more than one-half of one percent of the voting shares of
stock when a commercial corporation possesses an ownership in the
enterprise;
5. A
director, when either a commercial or non-profit corporation possesses
an ownership in the enterprise;
6. A
member of a management committee when a partnership or joint venture
possesses an ownership interest in the enterprise;
7. A
member of a governing body or other board or committee to which management
is entrusted, when an unincorporated association possesses an ownership
interest in the enterprise; or
8. A
president, general manager, vice president, chief assistant manager,
secretary, treasurer or any officer with equivalent or similar authority
employed or retained by the firm possessing an ownership interest
in the enterprise.
Notwithstanding the foregoing, an application shall not be denied
solely on the basis that a person has been convicted of a felony if
the person has obtained a certificate of rehabilitation under California
Penal Code section 4852.01 et seq., or, that the person has been convicted
of a misdemeanor, if the person has met all applicable requirements
of the criteria of rehabilitation developed to evaluate the rehabilitation
of a person when considering the denial of a license under California
Penal Code Section 4852.01 et seq.;
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D. The Sheriff makes any finding in writing authorized as a basis for denial of the License by chapters
4.14 through
4.50, or finds in writing that the applicant does not satisfy any requirement applicable to the enterprise for which application is made established by chapters
4.14 through
4.50; or
If an application does not show on its face a basis for denial,
the Sheriff may, in his or her sole discretion, issue a Temporary
Special Business License for a period not to exceed ninety days, pending
processing and investigation of the application and final determination
thereof.
(SCC 578 § 4, 1983; SCC
1105 § 12, 1998; SCC 1267 § 46,
2004; SCC 1595 § 27, 2016)
The Sheriff may issue a Special Business License upon such conditions
relating to method or manner of operation of the enterprise as he
or she deems necessary to adequately protect members of the public
in their patronage or dealings with the enterprise, or to reduce the
incidence, detect the commission of, or identify perpetrators of crime.
Such conditions may be imposed at the time a Special Business License
is initially issued, upon renewal of the License, or at any time during
the term of the License.
Any condition imposed pursuant to the provisions of this section,
whether established at the time of issuance, at the time of renewal
or during the term of a Special Business License, shall be embodied,
together with the reasons therefor, in a written notice which is served
upon the applicant or holder. The condition shall become effective
fifteen days following the date of service of the notice thereof;
provided that in the event an appeal therefrom is filed within the
time and in the manner prescribed, the condition shall not become
effective until the appeal is finally determined.
(SCC 578 § 4, 1983)
The Special Business License shall contain but not be limited
to a complete description of the enterprise, authorized by the License,
the name of the enterprise so licensed, the name and address of the
owner or owners of the enterprise, the address of each location of
the business covered by the License, and any conditions upon which
the License is issued. The License shall be conspicuously posted at
each location of the enterprise in full public view.
(SCC 578 § 4, 1983; SCC
0804 § 25, 1990)
During the term of any Special Business License issued hereunder, in addition to the information required by Section
4.02.070, the holder of the License shall file in writing with the Sheriff any changes in or new locations of the enterprise so licensed. The Sheriff shall issue an amended License which shows any changed or new locations of the enterprise so licensed.
(SCC 578 § 4, 1983)
Not later than 45 days prior to expiration of the term of a
Special Business License, the Tax and License Collector shall transmit
to the licensee by mail an application for renewal. The application
for renewal shall be in such form and include such information as
is prescribed and required by the Sheriff.
The application for renewal shall be filed with the Tax and
License Collector not later than the date of expiration of the term
of the immediately preceding License. The Sheriff shall perform such
investigation and examination of the applicant, as the Sheriff deems
appropriate. The Sheriff shall extend the term of the immediately
preceding License during the period of any investigation or examination
required in order to determine whether the License should be issued.
The Sheriff shall act upon the application for renewal not later
than 30 days after the date a valid application is filed. The renewed
License shall be issued unless any of the following apply, in which
case, the Sheriff may deny the application for renewal:
A. The Sheriff finds in writing that one or more of the conditions identified in subsections
(A),
(B),
(C) or
(D) of Section
4.10.040 pertain;
B. The Sheriff finds in writing that the Licensee has violated any term, condition, requirement, or prohibition imposed by this chapter, Chapter
4.02 or chapters
4.14 through 4.58 of Title
4 which are applicable to the License or the holder, or any other applicable law; or
C. The
Sheriff finds in writing that one or more conditions applicable to
the preceding License have been violated.
(SCC 578 § 4, 1983; SCC
0992 § 2, 1995; SCC 1105 § 13,
1998; SCC 1267 § 47, 2004; SCC 1595 § 28, 2016)
An application for renewal of a Special Business License will
be deemed received late and subject to added processing fees if the
complete application, including all fees, is not received by the Tax
and License Collector not later than the date of expiration of the
immediately preceding License. The amount of the added processing
fee will be set by resolution of the Board of Supervisors and become
part of the renewal application fee after the date of the expiration
of the preceding License has passed.
(SCC 1267 § 48, 2004)
With respect to certain types of enterprises described by Section
4.10.005, protection of the public health, safety and welfare require that personnel retained by the enterprises to perform specified functions or duties be of good moral character, not have been convicted of particular criminal offenses, and, in certain instances, possess minimum skills necessary to insure public safety. Personnel required to possess such minimum qualifications are identified by the provisions of Chapters
4.14 through
4.50.
The procedures set forth in this chapter relating to Employee Permits shall be applicable to all personnel required by Chapter
4.14 through
4.50 to possess minimum qualifications which are subject to review by the Sheriff.
(SCC 578 § 4, 1983)
Whenever under the provisions of Chapters
4.14 through
4.50, personnel of a particular enterprise are required to meet minimum qualifications or possess a permit or license, it shall be unlawful for a person to perform the duties or functions specified and unlawful for the holder of a Special Business License to permit the person to perform such duties or functions unless the person has first applied for and obtained an Employee's Permit.
(SCC 578 § 4, 1983)
Applications for an Employee's Permit shall be filed in the
Office of the Treasurer-Tax Collector. The Treasurer-Tax Collector
shall receive any fee required for the application, assure that the
application is complete, and refer the application to the Sheriff
for processing, investigation, review and action.
(SCC 578 § 4, 1983)
The application for an Employee's Permit shall be filed on a
form and contain such information as is prescribed by the Sheriff,
including the following:
A. The
name and current residential address of the applicant;
B. The
name and address of the business which has retained the services of
the applicant for which the Permit is required; and
C. A description
of the duties or function which the applicant is to perform for the
business.
(SCC 578 § 4, 1983; SCC
1595 § 29, 2016)
The Sheriff shall conduct such investigation of the background
of the applicant for an Employee's Permit as is necessary in order
to determine whether the minimum qualifications which have been prescribed
are satisfied and as otherwise deemed appropriate. Such investigation
shall include the fingerprinting and photographing of the applicant.
(SCC 578 § 4, 1983)
Except as hereinafter provided, the Sheriff shall issue the Employee's Permit within thirty days after the date the application is filed unless he or she finds in writing that the applicant is disqualified for the Permit under regulations prescribed by Chapters
4.14 through
4.50. If the Sheriff's investigation has not been completed by the date issuance of the Permit is required, but that portion of the investigation which has been completed has disclosed no basis for denial of the Permit, the Sheriff shall issue a Temporary Employee's Permit, the term of which shall extend no longer than one hundred twenty days from the date of issuance. A Temporary Employee's Permit shall expire upon either the date of expiration of its term, the date of issuance of an Employee's Permit, or the date of service of notice that an Employee's Permit has been denied. While in force and effect, a Temporary Employee's Permit shall otherwise be accorded the same status as an Employee's Permit.
(SCC 578 § 4, 1983)
An Employee's Permit shall not be transferable or assignable
from one person to another. The Permit shall contain such information
as the Sheriff requires, including the permit holder's name and address,
the name and address of the enterprise or enterprises retaining his
or her services for which the Permit is issued, the expiration date
of the Permit, a description of the duties or functions which the
Permit authorizes to be performed, and a physical description of the
Permit holder.
The holder of an Employee Permit shall carry same on his or
her person at all times services authorized by the Permit are being
performed, and shall display the Permit for inspection upon request
by any peace officer.
Applications for renewal shall be filed, processed and Permits issued in the manner and pursuant to the standards and procedures prescribed by sections
4.10.075 through
4.10.090.
(SCC 578 § 4, 1983)
The Sheriff, may deny an initial application for a Special Business License if written findings described by subsection
(A),
(B),
(C) or
(D) or in Section
4.10.040 are made.
The Sheriff may deny an application for renewal of a Special Business License if written findings described by subsection
(A),
(B), or
(C), in Section
4.10.060 are made.
(SCC 578 § 4, 1983; SCC
1105 § 14, 1998; SCC 1267 § 49,
2004; SCC 1595 § 30, 2016)
The Sheriff may deny an initial application for or application for renewal of an Employee Permit if the Sheriff finds in writing that the applicant therefor is disqualified for the Permit under regulations prescribed by Chapters
4.14 through
4.50.
(SCC 578 § 4, 1983)
A denial of an initial application or application for renewal of either a Special Business License or Employee Permit by the Sheriff shall be in writing, with the reasons stated therefor. Written notice of the denial, together with a copy of the provisions of this chapter and of Chapters
4.14 through
4.50 that are applicable to the License or Permit, shall be served upon the applicant and upon the owner of the property on which the enterprise is located, if applicable, pursuant to the provisions of Section
4.02.090.
Denial of an initial application or renewal application for
a Special Business License shall prohibit operation of the enterprise
or provision of the services to be authorized by the license at any
location within the unincorporated area of the County.
With respect to denial of an application for renewal of a Special Business License or termination of a Special Business License pursuant to Section
4.02.070, the immediately preceding Special Business License shall be deemed to be in full force and effect for a period of fifteen days following the date of service upon the applicant of the notice of denial or termination. In the event the applicant files an appeal from the denial or termination in the manner and within the time prescribed by Section
4.10.115, the immediately preceding Special Business License shall continue in full force and effect during the pendency of the appeal, until the date of final decision by the appellate authority.
(SCC 578 § 4, 1983; SCC
1595 § 31, 2016)
The holder of a Special Business License or Employee Permit
or applicant therefor may file an appeal from the following:
A. The denial of an initial application or renewal application for a Special Business License or Employee Permit pursuant to the provisions of Section
4.10.100 or
4.10.105; or
B. The imposition of conditions at the time of issuance of an initial or renewed Special Business License or during the term thereof, pursuant to the provisions of Section
4.10.045; or
C. The termination of a Special Business License as a result of a change in ownership, pursuant to the provisions of Section
4.02.070; or
D. The
suspension of a Special Business License; or
E. The
revocation of a Special Business License.
Any such appeal shall be in writing, shall state the specific reasons therefor and grounds asserted for relief, and shall be filed with the Sheriff not later than fifteen days after the date of service by the Sheriff of the notices prescribed by Section 4.02.070, 4.10.045, 4.10.110, or 4.10.145, as the case may be. If an appeal is not filed within the time or in the manner prescribed above, the right to review of the action against which complaint is made shall be deemed to have been waived.
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(SCC 578 § 4, 1983; SCC
1595 § 31, 2016)
Not later than 30 days following the date of filing an appeal within the time and in the manner prescribed by Section
4.10.115, the Hearing Authority shall conduct a hearing for the purpose of determining whether the appeal should be granted. Written notice of the time, date and place of the hearing shall be served upon the appellant not later than 10 days preceding the date of the hearing.
During the hearing, the burden of proof shall rest with the
County. The provisions of the California Administrative Procedure
Act (commencing at Section 11500 of the
Government Code) shall not
be applicable to such hearing; nor shall formal rules of evidence
in civil or criminal judicial proceedings be so applicable. At the
conclusion of the hearing, the Hearing Authority shall prepare a written
decision which either grants or denies the appeal, and contains findings
of fact and conclusions. Notice of the written decision, including
a copy thereof, shall be filed with the County and served upon the
appellant not later than 10 calendar days following the date on which
the hearing is closed.
(SCC 578 § 4, 1983; SCC
1105 § 15, 1998; SCC 1595 § 31,
2016)
A decision by the Hearing Authority pursuant to Section
4.10.120 shall become final 15 days following the filing and service thereof unless review of the decision by the Board of Supervisors is requested either by the Sheriff or appellant. Such review may be requested by filing with the Clerk of the Board of Supervisors a written request for review not later than 15 calendar days following the date of filing and service of the Hearing Authority's decision. The request for review shall state in detail the reasons therefor and error alleged in the Hearing Authority's decision, and shall have attached thereto a copy of the decision.
(SCC 578 § 4, 1983; SCC
0988 § 3, 1995)
Upon receipt by the Clerk of the request for review, a hearing
shall be scheduled promptly before the Board of Supervisors but no
later than 60 calendar days following the date of filing of the notice
of appeal. The Board of Supervisors shall be authorized to deny the
introduction of evidence and decide the matter after oral argument
presented during the hearing, or to admit supplementary evidence with
respect to challenges or particular findings, or reject the findings
and conclusions and conduct a de novo hearing. The determination by
the Board of Supervisors granting or denying the appeal shall be final,
and shall be accompanied by findings of fact and conclusions, which
may consist of an adoption by reference of those by the Hearing Authority.
Pursuant to granting an appeal, the Board of Supervisors shall be
authorized to order the issuance of a license upon such terms and
conditions as in the discretion of the Board of Supervisors are deemed
to be necessary and appropriate.
(SCC 578 § 4, 1983; SCC
0988 § 4, 1995)
Any Special Business License issued pursuant to this chapter
may be suspended for not longer than one year or revoked during its
term if the Sheriff finds in writing that one or more of the following
grounds exist:
A. That finding prescribed by subsection
(B) of Section
4.10.040;
B. That the Sheriff has acquired information supporting a finding prescribed by subsection
(C) of Section
4.10.040 in relation to the holder of the License;
C. That the holder of the License has violated one or more conditions imposed pursuant to Section
4.10.045; or
D. That the holder of the License has violated any term, condition or requirement or prohibition established by this chapter, Chapter
4.02, or Chapters
4.14 through 4.58 of Title
4 which are applicable to the License or the holder, or any administrative regulation promulgated thereunder, or any other applicable law.
(SCC 578 § 4, 1983; SCC
0992 § 3, 1995; SCC 1595 § 31,
2016)
Any Employee Permit issued pursuant to this chapter may be suspended for not more than one year or revoked during its term if the Sheriff finds in writing the existence of grounds for revocation prescribed by Chapters
4.14 through
4.50.
(SCC 578 § 4 part), 1983)
The Sheriff may commence proceedings for the suspension or revocation of a Special Business License or Employee Permit by issuing a written notice of suspension or revocation. The notice shall state the reasons for suspension or revocation and shall be served, together with a copy of the provisions of this chapter and of Chapters
4.14 through
4.50 that are applicable to the License or Permit, upon the holder of the License or Permit and upon the owner of the property on which the enterprise is located, if applicable, pursuant to the provisions of Section
4.02.090. Except as provided below, the suspension or revocation shall become effective fifteen days after the date of service unless the holder files an appeal within the time and in accordance with the provisions of Section
4.10.115. If such an appeal is filed the suspension or revocation shall not, except as provided below, become effective until a final decision on the appeal is issued.
A Special Business License or Employee Permit may be temporarily suspended pending expiration of the time for appeal or commencement of the appeal hearing pursuant to Section
4.10.120 for the suspension or revocation of the License or Permit, if the Sheriff finds that such temporary suspension is necessary in order to protect against a serious and immediate threat to the health or safety of the public caused by exercise of the License or Permit. In the event the Sheriff orders a temporary suspension, the notice of suspension or revocation shall be delivered to each place of business licensed or to which the Permit relates, served upon the Licensee or Permittee, and shall contain the following:
A. The
finding justifying the temporary suspension;
B. The
time, date and place at which the Licensee or Permittee may appear
in advance of the commencement of the temporary suspension for the
purpose of responding to the Sheriff to the charges in the notice;
and
C. The
time and date on which the temporary suspension commences, which shall
not be earlier than twenty-four hours following the time and date
of delivery of the notice.
For purposes of this section, the arrest of any owner, manager, employee or subcontractor of a massage enterprise or any employee, subcontractor or any other person providing massage services on the premises of a massage enterprise, or any massage provider holding a Special Business License issued pursuant to Chapter
4.36, for the charges enumerated under Section 4.36.200(B)(1) or (B)(2), or for any violation of Section
4.36.090(F),
(K) or
(L), shall constitute a serious and immediate threat to the health and safety of the public caused by the exercise of the license.
D. In the event of a temporary suspension, as authorized herein, the suspension shall last in duration until commencement of an appeal hearing as described in Section
4.10.120 of this chapter. At said hearing, the Hearing Officer may, at the request of the license holder, address the appropriateness of continuing the temporary suspension. The Hearing Officer may lift the temporary suspension pending the conclusion of administrative proceedings or the issuance of the written decision, or the Hearing Officer may continue the temporary suspension pending the conclusion of the administrative proceedings or the issuance of the written decision.
E. In no event shall a temporary suspension of a Special Business License, ordered pursuant to this section be of a duration greater than 30 days, unless within that period, the Sheriff issues written findings and notice of denial, suspension or revocation as required by Section
4.10.100 or
4.10.135. Upon the issuance of said written findings, the duration of the temporary suspension shall be extended until the commencement of administrative proceedings as described in subsection
(D) of this section.
(SCC 578 § 4, 1983; SCC
1595 § 32, 2016)
A. The
suspension of a Special Business License shall terminate the right
of the holder of the license to engage in the enterprise or provide
the services authorized by the license anywhere within the unincorporated
area of the County for the effective period of the suspension, following
the effective date of the suspension. At the conclusion of said period,
the holder may resume said enterprise or provision of services for
the duration of the term of the license.
B. In the
event of suspension of a Special Business License, neither the spouse,
child, brother, sister or parent of the holder of the suspended license,
nor a person possessing an ownership interest in the enterprise for
which the license was suspended or who was an employee thereof, shall
be entitled to issuance of a Special Business License for the enterprise
except upon written application filed with the Clerk of the Board
of Supervisors. Upon the filing of such an application, the Board
of Supervisors may, in its sole discretion, grant or deny the application.
In the event the application is granted, in addition to any other
condition, the Special Business License may be reinstated pursuant
to such requirements as the Board deems necessary in order to ensure
that the person whose conduct constituted the basis for the suspension
does not exercise any control or influence over the enterprise or
the person to whom the license is issued.
(SCC 578 § 4, 1983; SCC
0988 § 5, 1995; SCC 1595 § 33,
2016)
The revocation of a Special Business License or Employee Permit
shall terminate the right of the holder of the License or Permit to
engage in the enterprise authorized by the License or provide the
services authorized by the License or Permit, as the case may be,
anywhere within the unincorporated area of the County for a period
of five years following the effective date of revocation. At the conclusion
of said period, the former holder may file a written application for
issuance of a new License or Permit with the Clerk of the Board of
Supervisors. The Board of Supervisors may, in its sole discretion,
grant or deny the application pursuant to such terms and conditions
as it may prescribe, and may, in addition to other matters, consider
factors relating to the rehabilitation of the applicant in making
its determination.
In the event of revocation of a Special Business License, neither
the spouse, child, brother, sister or parent of the holder of the
revoked License, nor a person possessing an ownership interest in
the enterprise for which the License was revoked or who was an employee
thereof, shall be entitled to issuance of a Special Business License
for the enterprise except upon written application filed with the
Clerk of the Board of Supervisors. Upon the filing of such an application,
the Board of Supervisors may, in its sole discretion, grant or deny
the application. In the event the application is granted, in addition
to any other condition, the License may be issued pursuant to such
requirements as the Board deems necessary in order to ensure that
the person whose conduct constituted the basis for the revocation
does not exercise any control or influence over the enterprise or
the person to whom the license is issued.
(SCC 578 § 4, 1983; SCC
1595 § 34, 2016)