Whenever, by the provisions of this title or any other ordinance of the city, a permit from the city council, the planning commission, the director of community development, fire chief or the police chief, is a prerequisite to the operation or maintenance of any business, establishment or place, or the engaging in or carrying on of any activity, such permit shall be procured in the manner and be subject to the provisions hereinafter in this title set forth, unless otherwise specifically provided. For purposes of this chapter the permit issuing authority shall be the city council, the planning commission, the director of community development, fire chief or the police chief depending on the applicants business and as required by Section
5.16.020 et seq. of this code.
(Prior code § 11-32; Ord. 1247 § 3, 2003)
Application for a permit shall be filed with the city clerk
in duplicate, on forms provided by him or her, the original of which
shall be duly verified before the city clerk or deputy city clerk
or some other person lawfully authorized to administer oaths, and
shall supply the following information and such other information
as the city council, or any official to whom the application may be
referred shall require, in connection with such application:
A. A full
identification of the applicant and all persons to be directly or
indirectly interested if the permit is granted;
B. The
residence and business address and the citizenship of applicant, including
all members of any firm or partnership, or all officers and directors
of any corporation applying;
C. The
location of the proposed business, place, thing, etc., 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, place, thing, etc., 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 thereof;
F. Whether
or not any permit has been revoked and, if so, the circumstances causing
such revocation.
(Prior code § 11-33; Ord. 1247 § 3, 2003)
Immediately upon the filing of any properly executed application for a permit as provided in this title, the city clerk shall place the same in the permanent records of his or her office, refer one copy to the department head whose duty it is to inspect the types of business for which the permit is requested, and such department head shall make such investigation of the applicant and of the statements set forth in the application as he or she shall deem sufficient; he or she shall make a written report of such investigation, together with his or her recommendations relative to disposal of the application and file the same with the city clerk, who shall refer such report and recommendations together with a copy of the application to the city council, the planning commission, the director of community development, fire chief or the police chief as required by Section
5.16.020, for action at a hearing set by him or her for a day certain, not more than five days from the date of filing of the application. At such hearing any person interested shall be entitled to be heard and file objections, protests or recommendations relative to the subject matter. Such hearing may be continued over from time to time by the permit issuing authority as, in its opinion, circumstances require.
(Prior code § 11-34; Ord. 1247 § 3, 2003)
A. The city clerk shall in every case of application for a permit, notify the applicant in writing of the time and place of such hearing required by Section
5.08.030, which notice shall be given at the time the application is filed, unless the applicant waives such notice in writing. The notice may be given the applicant by serving it personally or by depositing it in the United States Post Office at Manteca, California, postage prepaid, addressed to the applicant at his or her last known address.
B. If,
in the judgment of the permit issuing authority, a public notice of
the hearing on any application for permit is advisable, the city clerk
shall cause a notice to be published at least once in a newspaper
of general circulation, printed and published in the city. Such notice
shall show the purpose or type of activity for which the permit is
sought, the name and address of the applicant, and the time and place
of the hearing upon his or her application.
C. Whenever
a public notice shall be required, the applicant shall pay to the
city clerk a sum of five dollars before such notice is given, which
payment shall not be lieu of any license fee or other tax otherwise
imposed by law.
(Prior code § 11-35; Ord. 1247 § 3, 2003)
A. The
permit issuing authority shall deny application for any permit if
it shall appear to its satisfaction that the applicant has not complied
with the provisions of this title or any other ordinance of the city
appertaining thereto; that the activity for which permit is sought
is itself detrimental to the public health, morals, safety or general
welfare, or that it is contrary to or conflicts with any state or
federal law, or any ordinance of the city.
B. For
the protection of the public interest, the permit issuing authority,
in granting such permits, may attach such conditions as, in its judgment,
the public interests may require, and in the consideration of any
application for permit the permit issuing authority or other official
to certificates of compliance shall give attention to all pertinent
facts which may affect the health, morals, safety and general welfare
of the public, and shall exercise a reasonable and sound discretion,
with reference to the subject matter.
C. If the
application is approved by the permitting body, the city clerk shall
issue and deliver to the applicant a permit. If the application is
denied the clerk shall give written notice, to the applicant, of denial
within three calendar days of said denial.
(Prior code § 11-36; Ord. 1247 § 3, 2003)
No permit required under this title shall be transferable, nor shall it apply to any premises other than those originally specified in the application as the location of the thing permitted. Upon application to the finance director, a permit holder may obtain an amended permit showing a different location than that originally specified in the original permit application; provided, however, that said applicant has received a certificate of compliance from the police chief as provided in subdivisions (2) and (3) of Section
5.16.020 of this title.
(Prior code § 11-37; Ord. 928 § 1, 1991; Ord.
1247 § 3, 2003)
The right to operate any business or other activity for which
a permit is required under any provision of this code or other ordinance
of the city may be suspended forthwith if, in the judgment of the
police chief, building official, or city council, such suspension
is necessary for the preservation and protection of the public health,
morals, safety or general welfare; provided, that no such suspension
shall continue for more than fifteen days unless an order to show
cause why the permit should not be revoked shall be issued and hearing
ordered thereon as provided in this chapter within the fifteen-day
period, in which event such suspension may continue until the hearing
has been held and the matter disposed of by order of the city council.
(Prior code § 11-38; Ord. 1247 § 3, 2003)
A. Any
permit granted pursuant to the provisions of this chapter may be revoked
by the same body that approved the permit application for any reason
for which the granting of such permit might lawfully be defined, or
on any ground specifically set forth in this title or any other ordinance
of the city, or which, in its judgment, is necessary for the protection
of the public interest. Such revocation shall be made only upon a
hearing held before the same body that approved the permit application
after at least five days, 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. Notice of the hearing may be given
to the permit holder by serving it personally or by depositing it
in the United States Post office or Manteca, California, postage prepaid
addressed to the permit holder at his or her last known address.
B. In the
event of such revocation any license or other certificate issued in
connection with the granting of such permit shall, by the holder thereof,
be forthwith surrendered to the city clerk. Such hearing may, by the
city council, be continued over from time to time, and its findings
shall be final and conclusive on the matter involved. Such revocation
of any permit shall be in addition to other penalties more specifically
provided in this chapter.
(Prior code § 11-39; Ord. 1247 § 3, 2003)
Any action by the planning commission, the director of community
development, fire chief or the police chief under this chapter may
be appealed to the city council. The city clerk shall publish notice
of any decision granting the permit in the Manteca Bulletin no later
than five days after it was granted. Any decision granting or denying
the permit required by this chapter may be appealed to the city council
by any person. The appeal must be filed with the city clerk within
ten days of permit approval, and must be accompanied by the filing
fee established from time-to-time by resolution of the city council.
The appeal shall be heard at a public hearing. The decision of the
city council shall be final.
(Ord. 1247 § 3, 2003)