No person shall establish, maintain, or operate, or cause, allow,
permit, or suffer to be established, maintained, or operated, any
place of public amusement, place of public dance or entertainment,
boardinghouse, or lodginghouse upon or within any building, structure,
premises, or place owned, occupied or controlled by him, unless such
place of public amusement, place of public dance or entertainment,
boardinghouse, or lodginghouse is maintained and operated pursuant
to a valid, unexpired, and unrevoked license issued pursuant to the
provisions of this chapter, and in accordance with each requirement
of this chapter pertaining to such facility.
(Prior code § 7-1.2; Ord. 1394 § 1, 1981; Ord. 1878 § 4, 2020)
A.
An applicant
for a license pursuant to this chapter shall submit an application,
under penalty of perjury, to the chief of police on a form provided
by the city.
B.
Each
application for a license shall set forth the following information:
1.
A
specific description of the building or structure within which the
proposed use is to be conducted, and of the specific portion of such
business or structure for which the license is requested. If the entire
building or structure is proposed to be used for such purpose, the
application shall so state. No license issued pursuant to any such
application shall be deemed issued for any portion of any building
as to which the application fails to specifically request a license;
2.
A
verification by the building inspector that the premises complies
with the building code;
3.
A
verification by the fire marshal of the city that the premises complies
with the fire code;
4.
A
verification by the director of planning and building that the proposed
use is permitted in the zoning district in which it is proposed. If
the use is claimed to be a nonconforming use, the application shall
submit proof thereof to the chief of police, together with the application;
5.
The
true and complete name(s) and address(es) of the owner(s) and/or lessee(s)
of the building or structure within which the proposed use is to be
maintained;
6.
The
true and complete name, address, and birth date of each person to
whom it is requested that a license be issued, or each person financially
or otherwise interested in the business, and of each person who has
loaned or advanced, or is obligated to loan or advance money for the
purpose of operation of the business. The past criminal record, if
any, of any such person shall be included with the application. The
application shall also be accompanied by fingerprints, a physical
description of such persons, and two photographs of each in a size
to be determined by the chief of police;
7.
If
the proposed license is for a corporation, the application shall set
forth the complete name of the corporation and the state of incorporation,
together with its home address and local address;
8.
If
the proposed licensee is a partnership, the application shall set
forth the full names of all of the partners and the first name under
which they do business, including any fictitious name. The addresses
of all such partners shall be given;
9.
A
statement as to whether or not any permit or license applied for to
the city by the licensee to engage in any business in the city has
been denied, and a statement as to whether any permit or license previously
granted by the city to the proposed licensee to authorize him or her
to engage in any business in the city has been denied or revoked,
the time of denial or revocation, and the reasons therefor;
10.
The true and complete name, address, and birth date of the individual
who is to be in management and in charge of the operation of the facility,
including photographs and physical description;
11.
A nonrefundable fee, in an amount established by resolution of the
city council, to defray the costs of investigation of the applicant
and inspection of the place for which the license is requested;
12.
Such other information as the chief of police may deem pertinent.
C.
As used
in this section, the term "person financially interested" means any
person who shares in the profits of the business, on the basis of
gross or net revenue, including, but not limited to, a sole proprietor,
partner, stockholder, landlord, lessee, or owner of the building,
structure, fixtures, or equipment where a facility is located or proposed
to be located.
(Prior code § 7-1.3; Ord. 1394 § 1, 1981; Ord. 1878 § 4, 2020)
A.
The
chief of police shall review each application to determine whether
it contains all of the required information.
B.
If the
application does not contain all of the required information, he or
she shall either return it to the applicant for completion or withdrawal.
C.
The
chief of police shall investigate all applicants, interested persons,
the place for which a license is requested, the area within which
the proposed is to be located, and the manner in which the facility
is proposed to be operated.
D.
The
chief of police shall approve or deny the application not later than
sixty days from the date of its filing.
(Prior code § 7-1.4; Ord. 1394 § 1, 1981; Ord. 1878 § 4, 2020)
The chief of police may deny the application for a license if
he or she makes any of the following determinations:
A.
That
the establishment of the proposed facility at the proposed place or
places would violate the zoning, fire, building, or other regulations
of the city, or other applicable law or regulation;
B.
That
any person proposed to manage or be financially or otherwise interested
in the business, or any person who has advanced or loaned, or is obligated
to advance or loan money for the purpose of operation of the business,
within five years immediately preceding the filing of the application
has engaged in conduct constituting, or has been convicted of, any
of the following offenses:
1.
Any
offense involving gambling specified in Sections 319-337.9 of the
California Penal Code,
2.
Any
felony offense involving the sale of controlled substance specified
in Sections 11054, 11055, 11056, or 11058 of the Health and Safety
Code,
3.
Sections
266(i), 315, 316, 318, or subdivision (b) of Section 647 of the California
Penal Code,
4.
Any
offense which requires registration as a sex offender under Section
290 of the Penal Code,
5.
Any
offense in another state, which if committed in this state would have
been punishable as one or more of the foregoing offenses,
6.
Any
offense involving the use of force or violence upon the person of
another,
7.
Any
offense involving theft, embezzlement, or moral turpitude,
8.
Any
offense which relates directly to the operation of a cardroom or other
gambling establishment;
C.
That
any person proposed to manage or be financially or otherwise interested
in the business has done any act involving dishonesty, fraud, or deceit
with the intent to substantially benefit himself or herself or another
or substantially injure another;
D.
That
the applicant has failed to comply with one or more provisions of
this chapter, or of this code, or other laws or regulations applicable
to the premises, equipment, or operation of the business for which
a license is requested;
E.
That
the applicant has knowingly made one or more false statements in his
or her application;
F.
That
the issuance of the proposed license would violate an applicable provision
of this chapter;
G.
That
any person proposed to manage or be financially or otherwise interested
in the business or any person who has advanced or loaned, or is obligated
to advance or loan money for the purpose of operation of the business
is engaged in organized crime, or has substantial, regular or continuous
personal, professional, or financial associations with one or more
persons engaged in organized crime. As used in this subsection, the
term "organized crime" shall mean a structured criminal syndicate
composed of professional criminals who primarily rely on unlawful
activity as a way of life.
|
The determinations of the chief of police shall be valid if
supported by a preponderance of the evidence.
|
(Prior code § 7-1.4; Ord. 1394 § 1, 1981; Ord. 1878 § 4, 2020)
B.
A licensee
who is a natural person may transfer his or her license to his or
her spouse, child, brother, sister, or parent, upon filing an application
for transfer with the chief of police, paying a nonrefundable transfer
fee, in an amount established by resolution of the city council, and
obtaining the approval of the chief of police. The chief of police
may deny the application if he or she determines that any proposed
transferee or applicant for transfer:
1.
Has within five years immediately preceding the filing of the application for transfer been convicted in a court of competent jurisdiction of any offense enumerated in Section 4.04.050, or has engaged in conduct constituting any such offense; or
2.
Has
done any act involving dishonesty, fraud or deceit with the intent
to substantially benefit himself or herself or another, or substantially
injure another; or
3.
Has
failed to comply with one or more provisions of this chapter or this
code, or other laws or regulations applicable to the premises, equipment,
or operation of the business for which the transfer of license is
requested; or
4.
Has
knowingly made one or more false statements in the application.
(Prior code § 7-1.6; Ord. 1394 § 1, 1981; Ord. 1878 § 4, 2020)
No amusement machine, pool or billiard game, ice or roller skating,
bowling, shooting, dancing, or live entertainment shall be conducted,
allowed, permitted, operated, or suffered in any place of public amusement
or place of public dance or entertainment except during the hours
of nine a.m. and two a.m. of the following day.
(Prior code § 7-1.7; Ord. 1394 § 1, 1981; Ord. 1878 § 4, 2020)
A.
Each
licensee shall post or cause to be posted in a conspicuous place on
the premises a copy of the current valid license.
B.
Each
licensed facility shall be under the management and supervision of
a person responsible for its operations at all times. The licensee
shall designate the name of the manager or names of managers in the
application and shall advise the chief of police whenever there is
any change of managers. A designated manager shall be on the premises
at all times.
C.
The
licensee shall keep the premises open to public inspection during
all hours of operation.
(Prior code § 7-1.8; Ord. 1394 § 1, 1981; Ord. 1878 § 4, 2020)
A.
Licenses
issued pursuant to this chapter are subject to revocation or suspension
upon a determination that:
1.
The
licensee has violated or is violating one or more provisions of this
chapter; or
2.
Grounds
exist which would justify denial of an application for such license
or permit if such application were then pending; or
3.
The
licensee has violated any statute or ordinance related directly to
the operation of the facility as to which the license pertains; or
B.
The
term of suspension of any license shall be not more than sixty days.
C.
The
chief of police shall have the power to revoke or suspend licenses.
Upon determination that grounds therefor exist he or she shall notify
the licensee in writing by either personal delivery or first class
mail addressed to the licensee at the address listed in the license
or permit application, or any more recent address furnished to him
or her by the licensee. The notice shall state that the license is
revoked or suspended, as the case may be, the duration of any suspension,
and the grounds for the action. The notice shall further state that
the action shall not become effective until the eleventh day after
the date of the notice, and that during such period the licensee may
file a notice of appeal to the city council with the city clerk. The
notice shall also state that if the action is appealed to the city
council, the action shall not become effective, if at all, until the
council shall have heard and decided the appeal.
D.
If the
licensee fails to file a notice of appeal with the city clerk not
later than ten days from the date of notice of suspension or revocation,
the action of the chief of police shall become final and conclusive.
If a notice of appeal is timely filed, along with payment of an appeal
fee in an amount established by resolution of the city council, the
city clerk shall schedule the matter for hearing before the city council
and shall provide at least ten days written notice of the date, time,
and place of the hearing to the licensee and the chief of police.
When such notice has been timely filed the suspension or revocation
shall not become effective until the appeal has been completed, if
at all.
E.
At the
hearing before the city council the appellant and the chief of police
shall have the right to call and examine witnesses, to introduce exhibits,
to cross-examine opposing witnesses on any matter relevant to the
issues, even though that matter was not covered in the direct examination,
to impeach any witness, regardless of which party first called him
or her to testify, and to rebut the evidence against him. If the appellant
does not testify in his or her own behalf he or she may be called
as if under cross-examination.
F.
The
hearing need not be conducted according to the technical rules of
evidence and witnesses. Any relevant evidence shall be admitted if
it is the sort of evidence on which responsible persons are accustomed
to rely in the conduct of serious affairs, regardless of the existence
of any common law or statutory rule which might make improper the
admission of such evidence over objection in civil actions. Hearsay
evidence may be used for the purpose of supplementing or explaining
other evidence but shall not be sufficient to support a finding unless
it would be admissible over objection in civil actions. The rules
of privilege required by statute shall be effective to the extent
that they are otherwise required by statute to be recognized at the
hearing, and irrelevant and unduly repetitious evidence shall be excluded.
G.
In revoking or suspending a license or permit pursuant to subsection C, the chief of police shall have the power to suspend the effectiveness of such action upon reasonable conditions, and direct that if the licensee does not comply with such conditions, the original revocation or suspension will become effective. If the chief of police determines that any condition has been violated, the procedure for notice and hearing for revocations and suspensions shall be applicable.
H.
In addition to the power to suspend a license pursuant to subsection C, if the chief of police determines that there is reasonable cause to believe that the continued operation of place of public amusement or place of public dance or entertainment would constitute an immediate threat of continued violations of operations requirements, fraudulent or dishonest conduct, or sale or use of narcotics on the premises, he or she may immediately suspend the license by providing personal or written notice to the licensee of the action taken and the reason therefor. The chief of police shall conduct a hearing on the matter upon notice to the licensee not later than five days from the date of suspension. The hearing shall be conducted in accordance with subsections E and F. If, at the conclusion of the hearing the chief of police determines that the grounds exist for the suspension or revocation of the license, he or she may revoke or continue the suspension of the license. The licensee may appeal such decision to the city council by filing a notice of appeal pursuant to subsection D; provided, however, that pending the action of the city council on appeal the revocation or suspension shall remain in full force and effect.
(Prior code § 7-1.9; Ord. 1394 § 1, 1981; Ord. 1878 § 4, 2020)
A.
Whenever
the chief of police shall deny an application for a license he or
she shall notify the applicant in writing by either personal delivery
or by first class mail addressed to the applicant at the address listed
in the application, or any more recent address furnished to him or
her by the applicant. The notice shall state that the application
has been denied and the grounds for the action. The notice shall further
state that the applicant shall have the right to appeal the action
to the city council by filing a notice of appeal with the city clerk
not later than ten days from the date of the notice.
B.
If the
applicant fails to file a notice of appeal with the city clerk not
later than ten days from the date of notice of denial of the application,
the action of the chief of police shall become final and conclusive.
If a notice of appeal is timely filed, along with payment of an appeal
fee in any amount established by resolution of the city council, the
city clerk shall schedule the matter for hearing before the city council
and shall provide at least ten days notice of the date, time, and
place of the hearing to the applicant and the chief of police.
(Prior code § 7-1.10; Ord. 1394 § 1, 1981; Ord. 1878 § 4, 2020)
(Prior code § 7-1.11; Ord. 1394 § 1, 1981; Ord. 1878 § 4, 2020)
A.
No license
shall be required for the operation of any place of public amusement
or place of public dance or entertainment which was in operation as
of September 30, 1981 until:
(Prior code § 7-1.12; Ord. 1394 § 1, 1981; Ord. 1878 § 4, 2020)
