A. No person
shall transact, engage in, permit, commence or carry on, either directly
or indirectly, any business, profession or trade or occupation, as
defined in this title, within the city, whether or not such person
has a fixed place of business within the city or elsewhere, without
first having procured a business license and paid the business license
fee as required by the provisions of this title, unless exempt therefrom
as provided in this title, and without otherwise complying with all
the terms and provisions of this title.
B. The
required business license fee is imposed for the purpose of raising
revenue for general municipal purposes. The payment of a business
license fee, its acceptance by the city, and the issuance of a business
license to any person shall not entitle the holder thereof to carry
on any business unless he or she has complied with all of the requirements
of this code and all other applicable laws for the proposed business
activity and business location, including adherence to zoning laws
and building codes regulating the lawful establishment, use and occupancy
of real property, and buildings, structures, and business premises
thereon.
C. The
transacting, engagement, permitting, commencement or carrying on of
any such business or profession or trade or occupation without first
having procured and maintained in good standing a business license
that is current and valid, as well as a regulatory business permit
where required under this title, or without first complying with any
and all laws, requirements, and regulations pertaining to said business
as provided in this title and code, shall constitute a separate violation
of this code for each and every day that the business, profession
or trade or occupation is so carried on.
(Prior code § 6200; Ord. 1108 § 3, 2017)
The city council may set by resolution any necessary fees to
offset the cost of applications and processing of business licenses
and business permits.
(Ord. 843 § 2, 1993; Ord. 1108 § 3, 2017)
Each applicant for a business license shall submit an application
for a business license, with any required supporting information,
evidence or documentation, upon such form or in such manner as made
available and required by the director of finance, or his or her designee.
It is unlawful for any person to withhold or misrepresent information
requested on a business license application.
(Prior code § 6217; Ord. 1108 § 3, 2017)
The director of finance, or his or her designee, shall keep
confidential all information concerning the business affairs, operations
or information obtained by an investigation of books, records and
equipment of any person required to obtain a business license, in
the discharge of official duty, or the amount or source of income
profits, losses, expenditures or any particular thereof set forth
in any statement or business license application. However, this section
does not prevent:
A. Disclosure
of certain information under the California Public Records Act, pursuant
to
Government Code Section 6250 et seq.;
B. The
disclosure to, or the examination of books, records and equipment
by, another city official, employee or agent for the collection of
business license fees for the sole purpose of administering or enforcing
any provision of this title or collecting business license fees imposed
herein;
C. The
disclosure of information to, or the examination of books, records
and equipment by, federal or state officials, or to the tax officials
of another city or county, if a reciprocal arrangement exists;
D. The
disclosure of information to a grand jury or court of law upon subpoena;
E. The
disclosure of information and the results of the examination of books,
records and equipment of particular business license holders, or relating
to particular business license holders, to a court of law in a proceeding
brought to determine the existence or amount of any business license
fee liability to the city;
F. The
disclosure, after the filing of a written request to that effect,
to the business license holder, or to his or her successors, receivers,
trustees, executors, administrators, assignees and guarantors, if
directly interested, of information as to the items included in the
measure of any paid business license fee, any unpaid business license
fee or amounts of business license fee required to be collected, interest
and penalties. However, the city attorney, after conferring with the
director of finance, or his or her designee, must approve each such
disclosure to confirm compliance with any and all applicable laws;
G. The
disclosure of the names and addresses of persons to whom licenses
have been issued, and the general type or nature of their business;
H. The
disclosure by way of public meeting or otherwise of such information
as may be necessary to the city council in order to permit it to be
fully advised as to the facts when a business license holder files
a claim for refund of business license fees, or submits an offer of
compromise with regard to a claim asserted against him or her by the
city for business license fees, or when acting upon any other matter;
I. The
disclosure of general statistics regarding business license fees collected
or business conducted in the city.
(Prior code § 6222; Ord. 1108 § 3, 2017)
A. The license fee shall be in the amounts established in Chapter
5.12 of this title. The amount of the business license fee shall be determined in accordance with the provisions of Chapter
5.12 of this title and upon the information supplied by the applicant as well as in accordance with any information supplied to the director of finance, or his or her designee, by any other city officer or enforcement agency.
B. In addition,
computation of the license fee shall be governed by the following
rules:
1. Gross Receipts. Where the license fee is based in whole or in part upon the gross receipts of the licensee, such gross receipts shall be determined in accordance with the provisions of Section
5.04.280 of this title.
2. Estimated
Fees. If the director of finance, or his or her designee, determines
that information contained in the business license application is
not correct, that the amount of fees was not correctly computed, or
that any fee is due or may be due to the city under the provisions
of this title, the director of finance, or his or her designee, may
compute and determine the amount to be paid and make an assessment
upon the basis of the facts contained in the application or upon the
basis of any information in the city's possession or that may come
into the city's possession, including as a result of the inspection,
examination, or audit of the location of business, books, records
or equipment, as authorized in this title.
(Prior code § 6218; Ord. 1108 § 3, 2017)
All license fees in accordance with the terms and provisions
of Title 5 of this code shall be paid in advance to the city in lawful
money of the United States.
(Prior code § 6215; Ord. 1108 § 3, 2017)
Any person who fails to submit any required application, whether
to procure or renew a business license, shall become liable for the
penalty set forth in this title from the first date such person should
have submitted the application, and the penalty shall be added to
the amount of the license fee. The director of finance, or his or
her designee, determines the fee such person would have paid if the
person had applied and obtained a license or renewal as required under
this title.
(Prior code § 6219; Ord. 1108 § 3, 2017)
A. If any person fails to submit an application required by this title within the time prescribed by this title, or after demand therefor made by the director of finance, or his or her designee, or fails to submit a corrected application, the director of finance, or his or her designee, may determine the amount of the license fee due from such person from such information as he or she may be able to obtain and, if necessary, may estimate the fee required to be paid hereunder upon the basis of external indices on hand, capital invested, dividends paid, sales or other taxes paid, number of persons employed, or by considering other facts or as estimated pursuant to Section
5.08.040(B)(2) of this chapter.
B. In such
a case, the director of finance, or his or her designee, shall give
notice of the amount so assessed that is due, including any penalties,
and demand payment, by serving the same personally or by depositing
the same in the United States Post Office in the city of Pico Rivera,
with postage prepaid thereon, addressed to the person so assessed
at his or her last known address. The amount herein set forth shall
be assessed as of that date, and shall be due and owing as of the
first time such amount would have been due and owing under this title.
(Prior code § 6220; Ord. 1108 § 3, 2017)
The director of finance, or his or her designee, shall have,
in addition to all other powers conferred upon him or her or her,
for good cause shown, the power to extend the time for submittal of
an application or required supporting information, evidence, documentation,
for a period of not to exceed thirty days, and in such case waive
any penalty that would have otherwise accrued; and, with the approval
of the city council and the written approval of the city attorney,
to compromise any claim for license fee subject to the provisions
of this title.
(Prior code § 6221; Ord. 1108 § 3, 2017)
No license for any succeeding current or unexpired license period
shall knowingly be issued to any person who, at the time of making
application for any license, is indebted to the city for any unpaid
license fee; provided that the director of finance or his or her designee
may enter into an agreement with any person indebted to the city for
the nonpayment of license fees for any past license period, agreeing
with such person that such person may pay delinquent license fees
for any past license period in equal installments extending over a
period not to exceed one year. In such agreement, such debtor shall
acknowledge its debt to the city and agree, in case default is made
in the payment of any installment agreed to be paid thereunder, that
the whole amount agreed to be paid shall become immediately due and
payable, and that in case suit is brought to enforce collection of
the amount agreed to be paid under such agreement, that the debtor
will pay all costs of suit incurred by the city. In case such agreement
is executed, licenses for any current or ensuing license period may
be issued to any such person paying the fee prescribed for the current
or ensuing license period, together with penalties, if any.
(Prior code § 6204; Ord. 1108 § 3, 2017)
A. The
provisions of this title shall not be deemed or construed to require
the payment of a license fee to conduct, manage or carry on any business,
or require the payment of any license of any institution or organization
so conducted, managed or carried on fully for the benefit of charitable
purposes, or from which profit is not derived, either directly or
indirectly, by any person.
B. Nor
shall any license be required for the conducting of any entertainment,
concert, exhibition or lecture on scientific, historical, literary,
religious or moral subject, whenever the receipts of such entertainment,
concert, exhibition or lecture are to be appropriated to any church
or school, or to any religious or benevolent purpose in the city.
C. Nor
shall any license or permit be required for the conducting of any
recreation, entertainment, dance, concert, exhibition or lecture by
any religious, charitable, fraternal, educational, military, state,
county or municipal organization or association, whenever the receipts
of any such entertainment, dance, concert, exhibition or lecture are
to be appropriated for the purpose and objectives for which such association
or organization was formed and from which profit is not derived, either
directly or indirectly, by any person.
D. The
provisions of this title shall not be deemed or construed to require
the payment of a license by any religious, charitable, fraternal,
educational or military organization or association conducting casual
sales, concerts, dances, entertainment, exhibitions or lectures, or
other activities for fundraising purposes, and where the funds so
derived are retained strictly for charitable, religious, educational,
fraternal or military purposes, and do not go to the benefit or use
or profit of any person.
(Prior code § 6223(a); Ord. 1108 § 3, 2017)
A. Any
person otherwise coming within the definition of the Business License
Law, who does not have a fixed place of business within the city and
who is called into the city or called upon to perform a service or
act within the city which is merely occasional and incidental to a
business being conducted elsewhere, shall be entitled to an exemption
from the securing of a business license and payment of any license
fee imposed under the Business License Law.
B. The
city council finds that "occasional and incidental" shall have the
following meaning:
1. Delivery
from outside the city to a point within the city, or delivery from
a point within the city to a place outside the city of goods, wares,
merchandise, food products or personal property of any nature where
five or less of any such deliveries are made by the person making
the deliveries within any fiscal year, as established by the city
council; or
2. The
performance of acts or services of an emergency nature in order to
protect the health, life or property or right or rights of anyone
living, residing, owning property or being situated within the city,
and where performed five or less times within the city during any
fiscal year established by the city council.
(Prior code § 6223(c); Ord. 1108 § 3, 2017)
All public utilities or privately owned public utilities which
are holders of a franchise from the city shall be exempt from the
provisions of the Business License Law.
(Prior code § 6223(g); Ord. 1108 § 3, 2017)
Every person claiming to be entitled to an exemption from payment of any license fee provided for in this chapter upon the ground that such license fee is exempt under the Constitutions of the United States or California, or any federal or state law shall submit an application in accordance with Section
5.08.020 of this title disclosing the character of the business entitling such exemption. The application shall state the name and location of the company or firm claiming the exemption, the type of business conducted, and facts establishing that such person, organization or firm comes within the exemption of the state law. Additional information shall be supplied to the director of finance, or his or her designee, or city attorney upon request in order to ascertain whether or not the claimant meets the exemption of the Constitutions of the United States or California, or any federal or state law. In case of dispute, the decision of the city attorney shall be final.
(Prior code § 6223(f); Ord. 1108 § 3, 2017)
A. Every person claiming to be entitled to exemption from the payment of any license provided for in this chapter upon the ground that such license casts a burden upon his or her rights to engage in commerce with foreign nations or among the several states, or conflicts with the regulations of the United States Congress respecting interstate commerce, shall submit an application in accordance with Section
5.08.020 of this title disclosing the interstate or other character of his or her business entitling such exemption. Such application shall state the name and location of the company or firm for which the orders are to be solicited or secured, the name of the nearest local or state manager, if any, and his or her address, the kind of goods to be delivered, the name from which the same are to be shipped or forwarded, the method of solicitation or taking orders, the location of any warehouse, factory or plant within the state, the method of delivery, the name and location of the residence of the applicant, and any other facts necessary to establish such claim of exemption. Upon the request of the director of finance, his or her designee, or city attorney, a copy of the order blank, contract form or other papers used by such person in taking orders shall be submitted in such form or manner as requested.
B. If it
appears that the applicant is entitled to such exemption, the director
of finance, or his or her designee, shall forthwith issue a business
license, without the imposition of a business license fee. In case
of dispute, the decision of the city attorney shall be final.
(Prior code § 6223(e); Ord. 1108 § 3, 2017)
A. Unless explicitly affirmed otherwise within this chapter, any person claiming an exemption from the business license fee imposed by this chapter shall notwithstanding submit a complete business license application pursuant to Section
5.08.020 of this chapter, along with the submittal of any required and proper information or documentation, including any applicable tax designation or classification from federal or state taxing authorities. The burden of proof in all cases shall be upon the applicant to establish pursuant to the provisions of this title a valid basis for the exemption for the payment of a fee imposed by this title.
B. Any
such business license exempt from paying a business license fee shall
be issued by the director of finance, or his or her designee, only
for the minimum license period of any such business, and may be renewed
for the same period under the same conditions and in the same manner
as originally obtained.
(Prior code § 6223(i); Ord. 1108 § 3, 2017)
At any time that it shall appear to the director of finance,
or his or her designee, that a condition specified in this chapter
as meriting exemption from payment of business license fees or business
license requirements does not exist as to any person to whom any such
exemption has been allowed, the exemption shall be void and payment
of the entire business license fee, along with any penalties and interest,
shall be immediately due.
(Prior code § 6223(j); Ord. 1108 § 3, 2017)
Businesses or business activities specifically enumerated within
this title that are required to adhere to specific business regulations
and/or procure a regulatory business permit shall also adhere to the
business license provisions of this title.
(Prior code § 6400; Ord. 1108 § 3, 2017)
Except as otherwise specifically provided by the provisions
of this title, all licenses must be kept and posted in the following
manner:
A. Subject
to other provisions of this title, any licensee engaged in business
at a fixed place of business shall keep the license issued posted
in a conspicuous place upon the premises where such business is conducted;
B. Any
person engaged in business in the city, but not operating from a fixed
place of business, shall keep the license issued to him or her upon
his or her person at all times while engaged in such business.
(Prior code § 6207(a), (b); Ord. 1108 § 3, 2017)
A. As directed
by the director of finance, or his or her designee, each person driving,
operating or having control of any wagon, cart or other vehicle, or
using or controlling any tray, basket or other receptacle, or controlling,
possessing or operating any machine, device or equipment, including
vending or other coin-operated machines, where a license is required
under the provisions of this title, shall affix thereon a city-issued
license tag or plate or decal and at the place directed by the director
of finance, or his or her designee; or, if the director of finance,
shall so direct, shall procure a license holder and fix thereon for
the purpose of holding the city license; or, if the director of finance,
shall so direct, shall carry a license or identification card, as
directed by the director of finance, upon his or her person. Any license
plate or tag or decal shall be conspicuously placed so that it is
always plainly visible.
B. No person
shall keep any license or plate or tag or decal or identification
card longer than thirty days after the expiration of the term for
which the license is issued, and no person, except the licensee or
his or her authorized agent, shall take or remove any license, plate,
tag or identification card from the person lawfully entitled to the
same, or remove from the place where posted or fixed.
(Prior code § 6207(c); Ord. 1108 § 3, 2017)
Wherever specified in this title, persons engaged in business
within the city at a place other than a fixed place of business, or
based on other criteria as determined by the director of finance or
his or her designee, shall at all times while so engaged in such business
within the city, carry upon their person an identification card issued
by the director of finance, or his or her designee, setting forth
the name and address of the licensee as well as the name and address
of the employee if the person so engaged in the business is one other
than the licensee and, in addition, setting forth such other identification
matter deemed necessary by the director of finance, or his or her
designee.
(Prior code § 6207(d); Ord. 1108 § 3, 2017)
A duplicate license may be issued by the director of finance,
or his or her designee, to replace any license previously issued which
has been lost or destroyed, upon the applicant therefor submitting
an affidavit attesting to such fact and at the time of submitting
such affidavit paying to the director of finance, or his or her designee,
a fee set by resolution of the city council.
(Prior code § 6206; Ord. 1001 § 1, 2003; Ord. 1108 § 3, 2017)
Except in cases specifically provided for otherwise in this
title, the license term for licenses issued hereunder shall be for
a term of twelve months, commencing from the first day of the calendar
year quarter in which the license is first issued.
A. Semiannual
licenses shall be from the first day of the quarter of the calendar
year in which the same are issued, for a period of six months.
B. Quarterly
licenses shall be from the first day of the calendar quarter in which
the license is issued to and through the last day of the calendar
quarter.
C. Monthly
licenses shall be from the first day of the calendar month in which
such licenses are issued to the end of the calendar month.
D. Weekly
licenses shall commence on Monday of each week and shall terminate
on Sunday.
E. Daily
licenses shall commence at one minute past midnight of any day and
shall terminate at midnight of that day.
A business license shall be valid only for the term for which
it was issued, and shall expire after the term designated therein.
(Prior code § 6213; Ord. 1108 § 3, 2017)
Unless specified otherwise in this title, or in any special
permit or license, all licenses shall be subject to renewal upon the
anniversary date of the license, and the fee for same shall then be
immediately due and owing. Every person failing to pay the license
fee thirty calendar days after the due date shall become subject to
a delinquent penalty of ten percent of the amount of such license,
and an additional delinquent penalty of ten percent of the amount
of such license for each thirty days thereafter shall accrue until
same plus such penalty has been paid in full.
(Prior code § 6214; Ord. 1108 § 3, 2017)
No license issued pursuant to this Business License Law shall
be transferable or assignable in any manner, nor shall it authorize
any person other than the licensee, or the licensee's employees, therein
named to engage in the licensed business.
(Prior code § 6205; Ord. 1108 § 3, 2017)
No license issued under the provisions of this title shall be
construed as authorizing the conduct of or continuance of any illegal
or unlawful business.
(Prior code § 6201; Ord. 1108 § 3, 2017)
For each business operating from a fixed location, a separate
business license shall be obtained for each separate branch, establishment
or location of the business. Each business license shall authorize
the licensee to engage only in the business licensed therefor at the
location and in the manner designated on the business license.
(Ord. 1108 § 3, 2017)
The city council does hereby create a license and permit hearing
board, which shall consist of at least three members, as shall be
designated by the city council. The board shall have the power to
grant all permits required by this title and to revoke or suspend
any permit or license granted or issued under the provisions of the
Business License Law. The board shall be governed by the procedures
set out in Article II of this chapter.
(Prior code § 6302)
The permit and license hearing board shall formulate all necessary
rules and regulations governing the application for a permit, investigation
of the application, and pertaining to any hearing before the board
on such application.
(Prior code § 6302(a))
In addition to the payment of a license fee as provided for
in this title, certain businesses, professions, trades or occupations,
as set forth in this title, shall first obtain, as provided in this
title, a permit to operate such business, profession, trade or occupation
within the city. No person shall operate a business, profession, trade
or occupation, as set forth in this title, without first obtaining
a permit to do so. The director of finance, or authorized deputy,
shall not issue a license or accept a license fee from any person
to conduct a business, profession, trade or occupation as hereinafter
set forth, unless such person has in existence a valid and unexpired
permit to perform such business, profession, trade and/or occupation.
(Prior code § 6300)
The license fee prescribed in Chapter
5.38 of this title for the particular business shall be in addition to any permit application or processing fees.
(Prior code § 6303; Ord. 843 § 1, 1993)
Businesses, professions, trades and occupations requiring a
permit under the provisions of this chapter include:
1. Adult entertainment (see also Chapter
5.22);
2. Advertising
on benches (see also Chapter 5.20);
3. Ambulances and ambulance drivers (see also Chapter
5.28);
4. Amusement
games, rides and booths;
5. Bankrupt
stock, bankrupt sales or close-out sales;
7. Carnival,
Circus and Rodeo. No permit shall be granted for any carnival, circus
or rodeo unless located within the proper zone therefor;
8. Coin-operated
amusement devices;
9. Coin-operated
games of skill;
10. Entertainment (see also Chapter
5.45);
11. Food and ice cream vendors and hawkers (see also Chapter
5.40);
12. Fortunetelling (see also Chapter
5.48);
13. Guards and patrolmen (see also Chapter
5.50);
14. Handbill
Distributors.
a. No
person shall circulate or distribute, or cause to be circulated or
distributed, any commercial handbill within the city except in compliance
with the provisions of this title,
b. Notwithstanding any other provision of this title the contrary, application fees for permits and for annual renewal thereof pertaining to handbill distribution shall be five dollars per person (see also Chapter
5.52);
15. Hawkers, vendors, peddlers and solicitors (see also Chapters
5.40 and
5.54);
20. Solicitor.
Notwithstanding any other provision of this title to the contrary,
solicitor permits shall be renewed annually on or before the anniversary
date of the issuance of such permit. Notwithstanding any other provision
of this title to the contrary, application fees for permits and for
the annual renewal thereof pertaining to solicitors shall be five
dollars per person;
21. Sound trucks, advertising by (see also Chapter
5.68);
22. Street vendors (see also Chapter
5.54);
23. Taxicab Driver, Annual Renewal; Permit Fee. Notwithstanding any other provision of this title to the contrary, taxicab driver permits shall be renewed annually on or before the anniversary date of the issuance of the permit. Such permit may be renewed by the director of finance, provided he or she has received a favorable report therefor from the law enforcement agency. Notwithstanding any other provision of this title to the contrary, application fees for permits and for the annual renewal thereof pertaining to taxicab drivers shall be five dollars each (see also Chapter
5.70);
(Prior code §§ 6305(a)—(c),
(e)—(m), (o)—(x), (aa), (cc), (dd), (hh); Ord. 1104 § 4, 2017)
It is the intention of this title to provide a special permit
procedure for those businesses enumerated in this title. The omission
to enumerate other businesses and activities covered in other sections
of the code requiring permits or subject to franchises shall not be
deemed or construed as an intention upon the part of the city council
to relieve such businesses or occupations from the permit procedure
or franchise procedure under which they may be governed by other sections
of this code or state law.
(Prior code § 6301)
Any permit may be modified, or the terms and provisions of any
permit modified, amended or changed upon application and a hearing
before the permit hearing board. Such application for a modification
shall be processed in the same manner as the original application,
and shall be subject to the payment of fees and all the terms and
provisions imposed in this title in respect to the processing of the
original application.
(Prior code § 6306)
A. Notwithstanding the provisions of Section
5.08.370, providing for the issuance of permits for the aforementioned businesses by the permit hearing board or the city council, the director of finance may issue permits for the hereinafter named businesses without submission of the same to the permit hearing board or the city council when he or she has obtained the necessary clearance from the law enforcement agency, health agency, or other investigating agency, and where he or she has received no evidence indicating that the public health, safety or welfare or the purposes of this title will be injured by the granting of such a permit, and where, in addition, there are no protests or objections to the permit. In the event any of the foregoing should exist, the director of finance must refer the application for a permit to the permit hearing board, or the city council if so directed by the permit hearing board. In addition, the director of finance may refer any of the hereinafter mentioned applications for hearing before the permit hearing board without considering the same him or her or herself, in his or her discretion, and the director of finance must refer all applications for permits for the hereinafter enumerated businesses for hearing before the permit hearing board when the action of the director of finance would be to deny such permit.
B. This
section applies to the following enumerated businesses enumerated
in this title:
1. Adult entertainment (Chapter
5.22);
2. Advertising
by benches, provided in addition, however, that the director of finance
shall not authorize the placement of any such bench at a location
other than at a regular bus stop (Chapter 5.20);
3. Ambulance driver (Chapter
5.28);
5. Amusement games, rides and booths (Chapter
5.30);
6. Bankrupt
stock, bankrupt sales or close-out sales;
7. Coin-operated amusement devices (Chapter
5.30);
8. Coin-operated games of skill (Chapter
5.30);
9. Fortunetelling (Chapter
5.48);
11. Hawkers and retail vendors of food and ice cream products (Chapter
5.54);
13. Motion picture filming and related activities (Chapter
5.61);
(Prior code § 6307; Ord. 694 § 22, 1985; Ord. 696 § 10, 1985; Ord. 769 § 1, 1990)
A. The
permit hearing board, after hearing, shall have the power to grant
or deny a permit. Except as otherwise provided in this title, all
special permits required by this title shall be issued only pursuant
to hearing before the board, wherein any pertinent evidence shall
be received and considered by the board in determining, in accordance
with the following principles, whether or not such a permit should
be granted or denied. Upon receipt of an application for a permit
under this title, the same shall be referred by the director of finance
to the appropriate agencies for investigation and report pertaining
to relevant zoning, building, health, safety, fire, law enforcement
and other factors, and upon receipt of such reports the matter shall
be set for hearing before the board upon prior written notice to the
applicant of not less than five days, unless the notice should be
waived by the applicant.
B. At the
time of the hearing, the board shall consider and hear all reports
and any relevant and material evidence. In any such hearing, the applicant
shall be given an opportunity to appear either personally or by counsel,
and to be heard and to call witnesses on his or her behalf. The hearing
may be continued from time to time as determined necessary by the
board, or upon request of the applicant upon cause being shown therefor.
C. If a
permit is denied, the license fee paid shall be refunded, but the
permit fee shall not be refundable.
D. The
board, or the city council, as the case may be, shall have the right
to refuse to grant any 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. In addition, no permit shall be granted if:
1. The
granting of the permit would result in the establishment of the use
or occupancy of land in violation of the zoning ordinance or zoning
law or zoning map of the city;
2. The
granting of the permit would result in an occupancy or use in violation
of any other provision or regulation of this code;
3. The
granting of the permit would be contrary to any other standards or
provisions of this chapter applicable thereto;
4. The
granting of the permit or occupancy or use pursuant thereto would
result in the creation or maintenance of a public nuisance;
5. The
granting of the permit by reason of special or unusual circumstances
would be detrimental to the public interest or endanger the public
health, safety, morals or welfare;
6. The
applicant therefor is a person unfit to be trusted with the privileges
granted by such a permit, and it is in the public interest that he
or she not be granted such a permit;
7. The
applicant therefor has knowingly made a false statement on a material
matter in his or her application, or in his or her testimony before
the board or city council and it is, therefor, in the public interest
that he or she not be granted such a permit.
E. In granting
any such permit, the board or city council, as the case may be, may
in the application of the aforementioned standards and principles,
and in order to protect the public peace, health, safety, morals and
welfare, impose reasonable conditions or regulations pertaining to
the conducting of such business, or the occupancy or use of any land
or building in connection therewith, in addition to but not limited
by those regulations contained in this title, where necessary in order
to protect the public health, safety, morals and welfare.
(Prior code § 6302(b))
No permit issued under this title shall be transferable except
by the consent of the council.
(Prior code § 6304)
Any license or permit issued under the Business License Law
may be revoked or suspended in the following instances:
A. Where
the board has found and determined that the preservation of the public
health, safety and peace demand revocation of the license or permit;
B. Where
the licensee or permittee has violated any provisions of the Business
License Law or any other provisions of the Pico Rivera Municipal Code,
or any other provision of law;
C. Where
a permit or license has been granted on false or fraudulent evidence,
testimony or application;
D. Where
the licensee or permittee has violated the terms and provisions of
the license or permit.
(Prior code § 6302 (c)(part))
Notwithstanding the foregoing or any other provision of this
title to the contrary, licenses issued to chiropractors, laboratory
technicians, dentists, medical doctors, opticians, physical therapists,
nurses, psychologists, pharmacists, veterinarians, accountants, advertising
agencies, architects, landscape architects, building designers, attorneys,
barbers, engineers, collection agencies, contractors, cosmetologists,
private detectives, funeral directors, shorthand reporters, structural
pest-control operators, land surveyors, ship brokers, cleaners and
dyers, electronic repair dealers, real estate agents and brokers,
marriage counselors, auto dealers, boxers and wrestlers, furniture
and bedding dealers and manufacturers, manufacturers of paints, petroleum
activities, dealers in secondhand goods, or any other business, profession
or trade where the determination of issuance or revocation of the
right of any person to engage in such business, profession or trade
is vested in a state board or agency, shall be issued upon filing
the requisite application and payment of the requisite fees, and shall
not be subject to revocation or suspension, except any such licenses
may be revoked for nonpayment of fees, or upon revocation of the state
board or agency license.
(Prior code § 6302 (c)(part))
A. No license
or permit shall be revoked or suspended until the permittee has had
a public hearing before the permit board and has had an opportunity
either personally or by counsel, or by both, to defend himself and
present evidence on his or her behalf. Such public hearing shall be
preceded by reasonable notice as provided in the rules and regulations
of the permit board.
B. Notwithstanding
the foregoing, the director of finance may suspend pending such a
hearing any license or permit where it has been determined that:
1. Upon
the recommendation of the law enforcement agency or upon the recommendation
of the city council that an immediate suspension of the license is
necessary for the protection of the public health, safety and welfare;
2. In
the event of such a suspension, the director of finance shall, within
twelve hours after the suspension, cause to be served upon the licensee
or permittee a written statement containing the grounds for the suspension,
and a notice of hearing to show cause before the permit hearing board
why such license should not be permanently revoked, which such hearing
shall be held not later than five days following the service of the
notice.
(Prior code § 6302(d))
A. Any
person aggrieved by the decision of the permit hearing board may appeal
from the same by filing with the city clerk within ten days after
receiving notification of the decision of the board, a written statement
signed by the person so aggrieved, that he or she has elected to appeal
from the decision of the board, and that he or she requests a hearing
on his or her appeal before the city council. The city clerk shall
thereafter set the matter for hearing before the city council within
thirty days of the receipt of the notice of appeal. The hearing before
the city council may be continued from time to time. The city clerk
shall mail a notice to, or personally serve, the person aggrieved,
notifying him or her of the time and place of the hearing, notice
to be mailed and served not less than five days prior to the hearing.
B. At the
time of the hearing, the city council shall consider the report and
the decision of the hearing board, and the record and the evidence
heard and submitted to the board. In addition, the city council may
by majority action grant the person aggrieved a new hearing de novo
before the city council. Following the conclusion of the hearing before
the city council, the city council shall render its decision within
thirty days. The decision of the city council shall be final.
(Prior code § 6302(e))