It shall be unlawful for any dealer within the City of San Leandro to engage in the business of buying, selling, exchanging or permitting the sale or exchange of used vehicles unless he or she has applied for and received a valid permit as provided herein.
An application for a used vehicle dealer's permit shall be filed with the Finance Officer on a form furnished by the Finance Officer. The application shall be signed and verified and shall contain the following:
(a)
The name, and date of birth of the applicant;
(b)
The residence and business address and the citizenship of applicant, including all members of any association or partnership, or all officers and directors of any corporation applying;
(c)
The location of the proposed business for which the permit is requested, and the name of the owner and the present use of such premises;
(d)
The exact nature of the proposed business for which the permit is requested, and the name under which it is to be operated;
(e)
The past experience of the applicant in the business to which the requested permit appertains, and the name, address, and past experience in such business of the person to be in charge of the premises or business;
(f)
Whether or not any permit heretofore held by applicant for a similar business has been revoked, and if so, the circumstances of such revocation;
(g)
The number of the license and certificate issued by the State of California, pursuant to Chapter 4 of Division 5 of the State Vehicle Code (§11700 et seq.);
(h)
Such additional information as the Finance Officer or City Manager may require; and
(i)
The dimensions and character of construction of the building, or the dimensions of the lot or premises, in which such business is proposed to be carried on.
The application for a used vehicle dealer's permit shall be accompanied by a fee in an amount designated by the City Council by resolution, to cover administrative costs. No part of such fee shall be refunded whether such permit is issued or not.
Prior to the issuance of a permit, any used vehicle establishment in a place other than a building, shall conform to the following conditions:
The City Manager shall cause to be made such investigation of such applicant and of the facts set forth in such application as he or she shall deem advisable, and shall grant or deny such permit within 60 days. In granting or denying such permit, and in specifying the conditions, if any, upon which it is granted, the City Manager shall exercise a reasonable and sound discretion and shall consider the character of the applicant with respect to honesty, integrity, and financial responsibility, and all pertinent facts which may concern the health, safety, and general welfare of the public. The City Manager may deny any permit applied for if it shall appear to his or her satisfaction:
(a)
that the applicant is not a fit and proper person, either for financial or other reasons, to conduct or maintain the business to which the application pertains;
(b)
that the applicant has not complied with the provisions of this Chapter relating to the maintenance or conduct of such business;
(c)
that any person directly interested in such permit, including all members of any association or partnership and all officers of any corporation, has been convicted of committing any felony, theft, obtaining money or property by false pretense, embezzlement, or violating any provisions of this Chapter, or any other law regulating the conduct of such business; or
(d)
that the applicant does not possess a valid license and certificate issued by the State of California.
Any permit may be revoked or suspended by the City Manager as in his or her discretion may seem meet and just, for any reason for which a granting of such permit might be lawfully denied, or for any other reason hereinafter in this Chapter specifically provided. Such revocation or suspension shall be made only after a hearing has been granted to the holder of the permit to be held before the City Manager or his or her delegated representative, after five days' written notice to such permit holder, stating the grounds of complaint against him or her and stating the time and place where such hearing will be held. In the event of such revocation or suspension, any permit or certificate issued in connection with the granting of such permit shall, by the holder thereof, be forthwith surrendered to the City Manager.
Any person excepting to any denial, suspension, or revocation of a permit applied for or held by him or her pursuant to the provisions of this Chapter, may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal, setting forth the specific grounds thereof. Such notice must be filed within 14 calendar days after notice of such action appealed from. The City Clerk shall forthwith set said matter for hearing before the Council and cause notice thereof to be given to the appellant not less than five days prior to such hearing. At such hearing the appellant shall show cause, on the grounds specified in the notice of appeal, why the action excepted to should not be approved. Such hearings may, by the Council, be continued over from time to time, and its findings on the appeal shall be final and conclusive in the matter.