Apart from, and in addition to, business licenses required by Chapters 5.04 and 5.08 of this code for the sole purpose of raising revenue for municipal use, a special operation license, imposed for purposes of regulation, is hereby required of those businesses and activities enumerated in Section 5.16.030. Said businesses and activities are such that regulation is necessary to adequately protect and promote the health, safety and general welfare of the community. It is the purpose of this chapter to provide a procedure for the issuance of such special operation licenses.
(Ord. 5014 § 3, 2014)
It is unlawful for any person to transact and carry on any business or engage in any activity enumerated in Section 5.16.030 without first having procured a special operation license from the city.
This section shall not be construed to require any person to obtain a special operation license prior to obtaining a business license as set forth in Chapters 5.04 and 5.08 of this code, nor shall this section be construed to require any person to obtain a special operation license prior to doing business within the city if such requirement conflicts with the Constitution or applicable statutes of the United States or of the state of California.
(Ord. 5014 § 3, 2014)
The following businesses and activities shall be licensed according to the procedure specified in this chapter:
A. 
Businesses and activities not involving the exercise of First Amendment rights, including the following:
1. 
Escort services;
2. 
Junkyards;
3. 
Massage parlors;
4. 
Pawnbrokers[1];
[1]
Pawnbrokers and secondhand dealers are subject to Chapter 5.48.
5. 
Poolrooms;
6. 
Private patrol services;
7. 
Secondhand stores and kiosks[2];
[2]
Pawnbrokers and secondhand dealers are subject to Chapter 5.48.
8. 
Swap meet operation;
9. 
Vehicles for hire;
10. 
Alcohol and tobacco-free public dances;
11. 
Towing service for city police towing purposes;
12. 
Closing-out sales;
13. 
Ambulances;
14. 
Penny arcades and other games of skill or amusement; and
15. 
Card rooms as provided for in Chapter 5.28.
B. 
Businesses and activities that may involve the exercise of First Amendment rights, including the following:
1. 
Cabarets;
2. 
Public dances;
3. 
Sound trucks;
4. 
Fortune-telling and related occupations; and
5. 
Service providers.
(Ord. 5135 § 2, 2023)
Every applicant for a special operation license to carry on a business or engage in an activity enumerated in Section 5.16.030 shall submit the application to the department of finance. Applications submitted shall be under oath.
(Ord. 5014 § 3, 2014)
All applications for licenses to be issued under this chapter shall be accompanied by an application fee and investigation fee as established by resolution of the city council. Fees are non-refundable except as may be required by law.
(Ord. 5014 § 3, 2014)
The department of finance shall submit each application under this chapter to the chief of police and other appropriate departments of the city for investigation. Within sixty days after the receipt of such application, the chief of police or other department head shall file with the city manager a report in writing concerning the result of the investigation. Within ten business days after receipt of the report, the city manager shall approve, conditionally approve, or deny the application. Notification of the decision shall be transmitted to the applicant in writing. The decision of the city manager shall be final and conclusive, unless appealed in writing to the city council.
(Ord. 5014 § 3, 2014)
The conditional approval, denial, suspension or revocation of a license may be appealed to the city council. Such an appeal must be filed in writing with the city clerk within 10 days of the date of the city manager's decision. The filing of an appeal shall stay the effective date of city manager action, until such time as the council has acted on the appeal. The city council shall conduct a public hearing to review the application and all the facts, and shall set forth its findings and its decision in a resolution of record. The decision by the city council is final.
(Ord. 5014 § 3, 2014)
Any special operation license to carry on a business or to engage in an activity enumerated in Section 5.16.030A may be denied, suspended, or revoked by the city manager if one or more of the following conditions is found to exist:
A. 
The business or activity does not comply with all health, zoning, fire, building and safety codes, requirements and standards of the laws of California and ordinances of the city.
B. 
Applicant or persons having direct management, or employees, are not proper persons to carry on the business for which a license is sought. This determination shall be made with reference to, among other things, whether such persons have ever been convicted of any offense relating to the conduct of the type of business or activity for which the license is sought.
C. 
The premises proposed are deemed not a proper place to carry on such a business.
D. 
The objections of private residents in the immediate vicinity warrant denial of the license or permit.
E. 
The issuance of a license or permit would be contrary to the public peace or morals.
F. 
The issuance of a license or permit would be contrary to the public health, safety or general welfare.
An application for the same request by the same individual(s) at the same location may not be resubmitted for a period of 12 months following denial of a license under this section.
(Ord. 5014 § 3, 2014)
Any special operation license to carry on a business or to engage in an activity enumerated in Section 5.16.030B may be denied, suspended, or revoked by the city manager if one or more of the following conditions is found to exist:
A. 
The operation, as conducted by the applicant, does not comply with all the health, zoning, fire, building and safety requirements and standards of the laws of California and ordinances of the city applicable to such business operation.
B. 
That the applicant, his employee, agent or any person connected or associated with applicant as partner, director, officer, stockholder or manager:
1. 
Has been convicted in a court of competent jurisdiction, by final judgment, within the last five years, of:
a. 
An offense involving lewd conduct, or
b. 
An offense involving the use of force and violence upon the person of another;
2. 
Has violated any provision of this chapter.
C. 
The applicant, his employee, agent or any person connected or associated with the applicant as partner, director, officer, stockholder, or manager has knowingly made false, misleading or fraudulent statement of a material fact in the application for permit, or in a report or record required to be filed with any city agency.
D. 
The applicant has had a similar type permit previously revoked for good cause and has not shown a material change in circumstances since the date of revocation.
(Ord. 5014 § 3, 2014)
A special operation license may be suspended or revoked pursuant to Sections 5.16.080 or 5.16.090 upon a written determination by the city manager. Notification of the decision shall be transmitted to the applicant in writing.
(Ord. 5014 § 3, 2014)
A special operation license is renewable each year following the date of issuance.
(Ord. 5014 § 3, 2014)
Any person violating any of the provisions of this chapter, or knowingly or intentionally misrepresenting to any officer or employee of this city any material fact in procuring the license or permit provided for in this chapter, are subject to the provisions of the general penalty clause as set forth in Section 1.24.010 of this code.
(Ord. 5014 § 3, 2014)
A. 
It shall be the duty of the department of finance to enforce each and all of the provisions of this chapter, and the chief of police shall render such assistance in the enforcement hereof as may from time to time be required by the department of finance or the city manager.
B. 
The department of finance, in the exercise of the duties imposed upon it hereunder, and acting through its deputies or duly authorized assistants, shall examine, or cause to be examined, all places of business in the city to ascertain whether the provisions of this chapter have been complied with.
(Ord. 5014 § 3, 2014)
Any business which is established or maintained in violation of this chapter is deemed to be a public nuisance and may be abated in accordance with Chapter 1.16 of this code.
(Ord. 5014 § 3, 2014)