No person shall operate a business as set forth in this chapter without first obtaining a permit to do so. The Director of Finance or his authorized deputy shall not issue a license to conduct such a business unless said person has in existence a valid and unexpired permit from the City.
[Added by Ord. 75-14]
Notwithstanding any other provision of this Chapter to the contrary, permits issued hereunder shall be renewed annually on or before July 1 of each year. Said permit may be renewed by the Director of Finance provided he has received a favorable report therefor from the law enforcement or other appropriate investigating agency. The purpose of annual renewal herein contained is to determine compliance with the provisions of this code and any terms or conditions of a permit issued under this Article.
It is the intention of this Chapter to provide a special permit procedure for those businesses enumerated in this Chapter. The omission to enumerate other businesses and activities covered in other sections of this 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 said 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.
It shall be unlawful to conduct the following businesses without having a permit to conduct the same issued pursuant to this Article.
A.
Advertising by Benches.
B.
Auction Establishment or Auctioneer.
1.
Exemption. No Auctioneer's permit or business license shall be required for any person selling his own property at his private residence. No auctioneer's permit shall be required for any person, firm, or company licensed or required to be licensed by the Auctioneer and Auction Licensing Act, §5700, et, seq., of the Business and Professions Code of the State of California.
C.
Bankrupt Stock, Bankrupt Sales or Closeout Sales.
D.
Billiard and Pool Halls.
1.
Notwithstanding Section 4272 any person having charge of any billiard or pool hall may apply to the Board for a permit to keep the same open from 2:00 a.m. until 6:00 a.m. The Board may grant such a permit if the following conditions are met: (a) The operation of the billiard or pool hall is on the same premises and in connection with another business which is normally and regularly operated between the stated hours, and (b) there is no objection to the permit by the law enforcement agency.
D-1.
Bingo Games for Charitable Purposes.
2.
Organizations Eligible for License to Conduct Bingo Games. Corporations, community chests or trusts, organized and operated exclusively for religions, charitable, scientific, testing for public safety, literary, or education purposes, or for the prevention of cruelty to children or animals, exempted from payment of the bank and corporation tax by §23701(d) of the Revenue and Taxation Code and contribution or gift to which would be a charitable contribution under§170(c)(2) of the Internal Revenue Code of 1954, are eligible to apply to the City for a permit to conduct bingo games in the City under the provisions of §326.5 of the Penal Code and the provisions of this Chapter.
3.
Bingo Game License Required. No organization shall engage in, carry on, maintain, conduct, or cause to be engaged in, carried on, maintained or conducted a bingo game in the City without first having secured a permit in accordance with the requirements of this Chapter, nor without complying with the regulations contained herein pertaining to the operation of bingo games.
4.
Definitions. As used in this subsection:
5.
Procedures. The application procedure provided for in this Chapter shall be followed with regard to permits sought pursuant to this subsection.
6.
Filing of Application. Every person desiring a license pursuant to this Chapter shall file an application with the Director of Finance upon a form to be provided by the Director of Finance, and at such time pay the required fee and penalty, if any. The application shall be filed at least sixty (60) days prior to the conduct of any bingo game(s), and shall specify:
(a)
The name, address and telephone number of the local applicant organization, and a statement that applicant is an eligible organization under §326.5 of the Penal Code of the State of California.
(b)
The name and signature of at least two (2) officers, including the presiding officer, of the corporation or community chest, and the trustee of any trust.
(c)
A list of the names of members of the applicant organization who will operate and staff bingo games.
(d)
A detailed schedule of the date(s), hours, locations, and occupancy capacity of such location of each bingo game to be held.
(e)
A detailed description of the record system to account for the receipts, prizes, expenses and profits of each bingo game.
(f)
The location and signatures of the special bank account(s) required by Section 4400.6.D.
(g)
A statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of §326.5 of the Penal Code and this subsection, as they may be amended from time to time, and agrees that the license to conduct bingo games may be summarily suspended by the City upon violation of any of such provisions, notwithstanding this Chapter to the contrary.
(h)
The annual license fee fixed by this Article, if any, shall accompany the application.
(i)
The applicant shall also submit, with its application, a letter or other evidence from the State Franchise Tax Board showing that the applicant is exempted from the payment of the bank and corporation tax by §23701(d) of the Revenue and Taxation Code.
(j)
The application shall be verified as provided in the Code of Civil Procedure for the verification of pleadings.
(k)
The address to which notice, when required, is to be sent or mailed, and the names of any individual or individuals, in addition to those set forth elsewhere in the application, who are authorized to accept service of process on behalf of the licensee.
(l)
Whether the application is for a new license or a renewal of an existing license.
7.
Action on Receipt of Permit Fee. Upon receipt of a permit fee, the Director of Finance shall:
(a)
Issue a dated receipt showing the location for which an application has been made.
(b)
Transmit copies of the application to the Law Enforcement Agency, the Director of Community Development, the City Engineer, the City Health Office, and the Fire Marshal, to determine if the appropriate zoning ordinances and regulations, building code ordinances, the Health Code Ordinance, and the Fire Code Ordinance have been or will be complied with.
8.
Report on Application. Every officer and department to which an application is referred shall in writing, advise the Director of Finance of all material facts necessary to determine whether the license should be granted, subject to conditions, or denied, and their approval or disapproval of the application.
9.
Notification of Denial by Department. If any officers or department to which an application is referred advises the Director of Finance that the license should be denied, he shall so notify the applicant as provided in Section 6312.
10.
Information. Every officer and department to which an application for a license is referred may require such additional information and the filing of such additional forms as he deems necessary.
11.
Permit Procedure. The provisions of Chapter 3 pertaining to Permits and licenses, and the other provisions of this Article applicable to the issuance of permits, or the suspension or the revocation thereof, shall be applicable to permits for bingo games for charitable purposes, except where inconsistent with this subsection.
12.
Contents of Permit. In addition to any other requirement of this Article, any permit issued for bingo games for charitable purposes shall contain the following information:
(a)
The name and nature of the organization to whom the license is issued.
(b)
The address where bingo games are authorized to be conducted.
(c)
The occupancy capacity of the room in which bingo games are to be conducted.
(d)
The date of the expiration of such permit.
(e)
Such other information as may be necessary or desirable for the enforcement of the provisions of this subsection.
13.
License Fee. Pursuant to the provisions of Section 6507.A, a tax-free business license shall be issued to each permittee. Each permittee shall be required to pay with its application a permit fee specified in Section 6301.
14.
Bingo Manager. No person shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, in or upon any premises within the City, the operation of a bingo game unless such game is conducted under the personal direction of a Bingo Manager, duly licensed and present on the premises during all hours of operation, and bonded pursuant to this subsection for each bingo game.
15.
Same. To obtain a Bingo Manager permit, such applicant shall file with the Director of Finance an application therefor in writing, together with the fee required by Section 6301. The application shall set forth, in addition to such information as may be required by the Director of Finance.
(a)
A statement that neither the Bingo Manager nor members of the nonprofit organization which operate any bingo game organized by such organization, will receive any profit, wage, or salary, or any other direct or indirect consideration for any bingo game(s), or funds derived from bingo activities.
(b)
A statement that the Bingo Manager applicant has read and understands all requirements of the law in regard to conducting bingo games in the City, and that such Bingo Manager will accept full responsibility for the conduct of such bingo games, and all bingo card/ticket salespeople under his direction.
16.
Bond or Other Security. At the time of so filing with the Director of Finance an application for a permit as a promoter the applicant shall either:
(a)
File and thereafter maintain with the Director of Finance a good and sufficient bond in the aggregate sum of Five Thousand Dollars ($5,000.00) running to the City for the use and benefit of interested persons and parties, executed by the applicant and two or more responsible sureties, or a surety company authorized to do business in the State of California, which sureties or surety company shall be approved by the Director of Finance, or
(b)
Assign to the City savings and loan certificates in the sum of Five Thousand Dollars, in the form approved by the City Attorney.
17.
Requirements of Bond. The total aggregate liability on said bond shall be Five Thousand Dollars ($5,000.00). The said bond shall be conditioned upon the strict compliance, by the Principal, with the provisions of this Code, and the payment of any direct pecuniary loss sustained, through any act of grand or petty theft, or other wrongful act on the part of the Principal, his agent(s) or employee(s).
18.
Term of Bond. The said Bond shall remain in full force and effect for the entire period of the permit. The sureties may cancel the same bond and be relieved of further liability thereunder by delivering thirty days' written notice to the Director of Finance. Such cancellation shall not effect any liability incurred or accrued thereunder prior to the termination of the said thirty-day period.
19.
Action on Bond. Any person who sustains any injury covered by the said bond may, in addition to any other remedy which he may have, bring an action in his own name upon the said bond for the recovery of any damage sustained by him. Upon such action being commenced, such bond shall not be void upon first recovery thereon, but may be sued upon from time to time until the whole of the penalty is exhausted. The Board may require the filing of a new bond, and immediately upon the recovery in any action on such bond, the promoter shall file a new bond or assign savings and loan certificates to the City as provided for in this Chapter. Upon failure to file a new bond or assign savings and loan certificate within ten (10) days, the Board shall forthwith suspend such promoter's license.
20.
Savings and Loan Certificates. If in lieu of a bond an applicant assigns to the City savings and loan certificates he shall agree in writing that if the Board finds that any person sustains any pecuniary loss through any act of grand or petty theft, or other wrongful act on the part of the Principal, his agent(s) or employee(s), the City may redeem a sufficient number of such certificates and from the proceeds reimburse such person for loss sustained.
21.
Issuance of Manager's Permit. The Permit and License Hearing Board shall consider in the issuance, or revocation, or suspension of a Manager's Permit, the requirements and findings contained in Chapter 3, and shall issue a Manager's Permit if it finds in addition thereto:
(a)
That the applicant is of good moral character and does not have a bad reputation for truth, honesty or integrity.
(b)
That all of the statements made in such application are and each of them is true and not deceptive or misleading, and that the applicant has not violated any of the provisions of this chapter or engages in any fraudulent transaction or enterprise, and that the applicant intends to conduct his business fairly and honestly.
If the Board determines that the applicant fails to meet the foregoing conditions, it shall deny the application and refuse to issue a permit, and shall notify the applicant of its decision.
22.
Posting of Permit. Said permit shall be posted as required by Section 6316 during the conduct of any bingo game. The permittee shall produce and exhibit the same, when applying for renewal thereof, and whenever requested to do so by any law enforcement officer, or other officer authorized to issue, inspect, or collect licenses and permits.
23.
Posting of Costs, Prizes and Rules. The permittee shall post the costs, prizes and rules of each game to be played. Such signs shall be posted during the conduct of the bingo game in a conspicuous place on the outside and inside of the premises to be used for the conducting of a bingo game.
24.
Record of Prizes. A record shall be kept, on forms approved by the Director of Finance, by the permittee showing the name and written signature, the address, the telephone number of the winner, and the consecutive serial number on the receipt for the prize.
25.
Inspection. No person shall interfere with, prevent or refuse to permit a member of the law enforcement agency, any peace officer, the Director of Finance or his authorized deputy, to make an examination or inspection of any premises, without notice, licensed for bingo games for charitable purposes, or of any records kept by the permittee organization, or any agent or employee thereof, for the purpose of determining whether the permittee organization and/or manager are complying with all of the provisions of this Article, the Lakewood Municipal Code, and applicable statutes.
D-2.
Business of Fortune-Telling.
1.
Filing of an Application. Every person desiring a license pursuant to this Chapter shall file an application with the Director of Finance upon a form provided by the Director of Finance and, at such time, pay the required fee and penalty, if any. The application shall be filed at least sixty days prior to the conducting of said business and shall specify:
(a)
Name and address of the applicant.
(b)
Address of the proposed location for the conduct of the proposed profession, art or business.
(c)
Record of conviction for violations of the law, excluding minor traffic violations.
(d)
Two copies of a photograph, one inch by one inch in size, taken within two years of the application for submission to the Law Enforcement Agency.
(e)
The fingerprints of the applicant on a suitable form to be provided by the law enforcement agency.
(f)
Address, city and state, and approximate dates when this applicant practiced a similar business, either alone or in conjunction with others.
(g)
Such other and further information as the Director of Finance may fine necessary to process the application.
2.
Investigation.
(a)
The Director of Finance shall make, or cause to be made, an investigation of each application in order to verify the facts contained in the application or the supporting data.
(b)
After conducting said investigation, the Director of Finance shall submit the application and the results of the investigation to the Permit and License Hearing Board, who shall conduct a hearing on the matter of the application.
3.
Issuance of License.
(a)
At the conclusion of the hearing, the Permit and License Hearing Board shall approve the issuance of the License if it shall find:
(b)
The Director of Finance shall thereafter issue the license when:
(1)
The required fee has been paid, and
(2)
There shall have been posted with the City Clerk a surety bond in the principal sum of ten thousand dollars executed as surety by a good and sufficient corporate surety authorized to do a surety business in this state and as a principal by the applicant which shall have been approved by the City Attorney as to form, which bond shall have been given to insure good faith and fair dealing on the part of the applicant and as a guarantee of indemnity for any and all loss, damage, injury, theft, or other unfair dealing suffered by any patron of the applicant within the City during the term of the license.
4.
Separate License for Each Person Practicing Said Business.
(a)
Every natural person actively carrying on, conducting or engaging in the business of fortune-telling for which a license or permit is required shall file a separate application, separate photograph and fingerprints, and pay a separate license fee as required by the provisions of this Article. Such person shall also post a separate bond as required herein for each person conducting the business of fortune-telling.
5.
Bond Termination.
(a)
The liability on any bond deposited with the City may be terminated upon the filing with the City Clerk by the surety on the bond a written notice to the City that the surety intends to terminate the liability upon the bond, said termination to become effective thirty days from and after the day upon which the notice of intention to terminate liability is filed with the City Clerk; provided, however, that in no case shall the termination of liability by the surety on any bond affect any liability incurred prior to the date of termination thereof.
6.
Permit Cancellation. In addition to the provisions of this Article pertaining to the revocation or suspension of a license or permit, the license or permit of any person hereunder may be revoked or suspended upon such person being convicted in a court of competent jurisdiction by a final judgment of an offense involving the performance of fortune-telling.
[Added by Ord. 84-7]
E.
Drive-In or Take-Out Restaurant.
1.
Health Permit. No permit shall be issued under this Chapter for any drive-in or take-out restaurant unless a health permit has been issued and remains in full force and effect for the conducting of said business on said premises.
2.
Permit. Each applicant for a permit under this Chapter shall be referred to the Health Officer for processing and report to the Board.
3.
Maintenance of Premises by Permittee. The permittee shall maintain said premises in accordance with the terms and provisions of this Section and this Code and shall not cause or create or permit any loud music, noise or other sounds by means of phonograph, radio or other broadcasting apparatus or device, the sound output of which exceeds at peak volume 75 decibels measured 20 feet from the loud speaker or horn, or 70 decibels measured 75 feet from the loud speaker or horn and shall not permit fighting, quarreling, loitering, or loud noise or other nuisance whereby the quiet and peace of the premises or of the neighborhood is disturbed.
4.
Refuse Disposal. The permittee shall, at least once in every forty-eight hours, dispose of waste materials or refuse deposited or accumulated on the premises of the permittee. The permittee shall provide and maintain on said premises a sufficient number of adequate waste receptacles not less than two (2) in number, for the use of consumers and said permittee. Waste or refuse as used herein includes paper cups, paper plates, straws, napkins, food, beverage, drink, frozen dessert, garbage, and all other waste material intended for disposal and which, if not placed in a proper receptacle therefor, tends to create a public nuisance by rendering said property unclean, unsafe and unsightly.
5.
Traffic Controls. Each permittee shall place and maintain at suitable locations on the premises, as approved by the City, appropriate traffic control devices and signs and markings directing traffic entering and leaving the premises and shall designate and mark parking spaces for the parking of vehicles of patrons on the premises.
6.
Persons Responsible. Permittee, as used herein, shall mean and include the following, all of whom shall be responsible for all of the duties and obligations imposed upon the permittee by this Section, to wit: applicant, permittee, owner, manager, proprietor, employee of the foregoing or any other person in charge of any such premises.
7.
Required Sign. Each permittee owning, operating, managing or conducting a drive-in restaurant where motor vehicle, parking space or driveways are provided for customer use shall place in conspicuous places at each entrance and exit from said premises, as well as in at least two other places, signs in letters at least two (2) inches in height on contrasting background containing words or phrases as follows:
"Unnecessary noise, motor racing, vehicle cruising or congregating and loitering outside of a motor vehicle is unlawful. No unoccupied vehicles may be left on the premises without the consent of the owner." |
8.
Permissible Signs. In addition to the foregoing sign, any permittee may add the following:
Parking Limited to Customers of (Name of Premises) |
Public Parking Prohibited |
Unauthorized Vehicles Will Be Removed |
Lakewood Municipal Code 6402.E-l |
Law Enforcement Agency, Los Angeles County Sheriff |
(Telephone Number of Sheriffs Dept.) |
No person shall park or leave standing any vehicle on said premises where so sign posted unless with the actual consent of the permittee or for the purpose of conducting business with the permittee or consuming or receiving a product of food vended, sold or delivered by the permittee.
9.
Additional Permittee Building and Maintenance Requirements. No permit shall be issued for a drive-in or take-out restaurant and no permit shall be maintained in full force and effect for any permittee unless:
(a)
The parking and driveway area of any such premises are adequately illuminated by electrical lights in accordance with the standards established by the City for commercial parking areas, but all illumination shall be so arranged by the permittee so as to reflect away from an adjoining residential property.
(b)
The parking and driveway areas of the premises shall be satisfactorily paved or treated so as to avoid creating dust and so as to provide for adequate drainage of surface water.
(c)
Any drive-in restaurant in addition, shall be provided with access available to public streets or other public ways from at least two (2) points at all times. Such means of access shall be kept clear by the permittee at all times to facilitate the departure of persons in motor vehicles and to permit entrance of fire apparatus or ambulances, law enforcement vehicles or other emergency vehicles.
(d)
Each permittee shall provide and maintain a reinforced cement or block masonry wall not less than three (3) feet and not more than six (6) in height at the exterior boundaries of any area provided for customer vehicle parking and driveway, except within the front yard setback area, and at those locations approved for ingress and egress. Where said parking or driveway area abuts a street, other than an alley, no such wall shall be required. The requirements of this subsection may be modified upon application to the Board and the establishment of unusual circumstances making the application of this subsection under such circumstances unreasonable and unnecessary. In granting such a modification the Board may impose any reasonable conditions in order to protect the public health, peace, safety and welfare.
F.
Dances.
1.
No person or persons, dancing club or dancing school shall permit, conduct, operate or assist in conducting or operating any public dance hall, public dance, private dance, youth dance or special dance unless under and by authority of a permit issued pursuant to this Article.
2.
Exception. Notwithstanding the foregoing the following are not required to have a permit and shall in addition upon request be issued an exempt business license: (a) Any governmental organization consisting of the State, or any subdivision thereof, the County, any City, school district or subdivision, or any recreational group, agency organization thereof. (b) Any non-profit organization or group organized and existing for charitable, religious, social, fraternal, patriotic or social welfare purposes where such dance or dances are not customarily carried on as a commercial enterprise or venture by such group and where such group or organization claiming exemption under this subsection delivers to the Director of Finance, either personally or by first class mail, a notice of the time and place of such dance at least three days in advance thereof.
3.
Youth dance permits. Three types of youth dance permits are hereby established:
(a)
Type A youth dance permit which may be issued to any establishment serving alcoholic beverages and qualifying as a bona fide public eating place within the definition of §23038 of the Business and Professions Code.
(b)
Type B youth dance permit which may be issued to establishments not serving alcoholic beverages.
(c)
Type C youth dance permit which shall be a special dance permit pertaining to youth dances not otherwise covered.
G.
Entertainment.
1.
No proprietor of a restaurant, hotel, cafe, coffee house, cabaret, club, barroom, beer hall, beer garden, or public dance hall, billiard or pool room or other place where entertainment is offered, or the employee thereof, or anyone, shall conduct, permit, or assist in the conducting or permitting of any entertainment to be shown, staged, performed, exhibited, or produced in any restaurant, hotel, cafe, coffee house, cabaret, club, barroom, beer hall, beer garden, or public dance hall, billiard or pool room or other place where entertainment is offered, unless a permit has been issued therefor in accordance with the terms and provisions of this Chapter.
[Amended by Ord. 98-9]
2.
3.
Nude and semi-nude entertainment. Nude or semi-nude entertainment, for the purpose of this and following pertinent subsections, wherein the words "nude and semi-nude entertainment" are used, is defined as the exposure of the genitals, pubic hair, buttocks, or any portion of the female breast at or below the areola thereof, of any owner, waiter, waitress, or entertainer in an establishment which serves food, beverage or food and beverage, including but not limited to alcoholic beverages for consumption on the premises of such establishment. No person, whether a proprietor, owner, manager, waiter or waitress or entertainer shall authorize, permit, engage in or perform nude or semi-nude entertainment unless such person has a valid permit issued therefor in accordance with the terms and provisions of this Chapter.
Notwithstanding any other provision of this Article to the contrary, all such persons shall make application for such a permit in accordance with the terms and provisions of this Chapter and shall pay therefor a permit filing fee of $300.00 payable in advance which shall not be refundable. The fee is in addition to the License Fee required by this Article. The purpose of the permit fee is to defer the cost of the investigation of the application. Upon receipt of said application, a copy thereof shall be transmitted to the License Investigation or Law Enforcement Agency of the City for a report concerning the qualifications of the applicant for such a permit in accordance with the standards of this and the following subsections pertaining to nude and semi-nude entertainment.
The Director of Finance shall issue such a permit where the standards of this and the following subsections have been met and where there is no protest or objection to the issuance of a permit. In the event any of the aforementioned requirements are not met, the Director of Finance must refer the application for a permit to the City Council for a hearing. In addition, in any case the Director of Finance in his discretion may refer an application to the City Council for a hearing without considering the same himself. Any person aggrieved by the action of the Director of Finance in refusing to issue a permit as provided in this subsection shall have the right to appeal to the City Council. Any hearing before the City Council shall be on notice and shall be given in the time and manner specified in Section 6406 of this Article.
[Amended by Ord. 94-8]
4.
Unlawful activity. It is unlawful for any person within the City of Lakewood to engage in or provide or conduct nude or semi-nude entertainment as defined in this Chapter on any premises wherein an entertainer's permit is required by this Section unless such person has a valid permit to do so in accordance with the terms and provisions of this Section and said person has upon his person or posted upon the premises so licensed for such entertainment a valid permit or an identification card showing the existence of such a valid permit. It is unlawful for any such person to fail to refuse to show any such permit or identification card, as issued by the Director of Finance, and containing thereon a photograph of said permittee, upon demand for display of the same by any law enforcement agent of the City of Lakewood.
5.
Fashion shows. No fashion show may be conducted where an entertainment permit is required by this Chapter unless a permit is in full force and effect at all times. No person shall participate in a fashion show as defined in this Article and for which a permit is required by this section wherein said person appears nude or semi-nude as defined in this Chapter unless a permit has been issued therefor pursuant to this Section.
6.
Standards. No permit shall be granted under this section unless it is found that:
(a)
The operation as proposed by the applicant, if permitted would comply with all applicable laws, including but not limited to the City's Zoning, Building, Health Regulations, and Fire Regulations.
(b)
That the applicant, and any other person who will be directly engaged in the management and operation of the place of entertainment, other than the one who participates in the act of entertainment:
(1)
Has not been convicted in a Court of Competent jurisdiction by final judgment of an offense involving the presentation, exhibition or performance of an obscene production, motion picture, play or act, or an offense involving the use of force and violence upon the person of another, or an offense involving misconduct with children.
(c)
The applicant and any other person who will directly engage in the management and operation of the place of entertainment has not knowingly made any false, misleading or fraudulent statement of facts in the permit application, or any other document filed with the City in the preceding five years in connection with any license or permit application.
(d)
The applicant, where an entertainer, has not been convicted in a Court of competent jurisdiction by a final judgment of an offense involving lewd conduct, or an offense involving the presentation, exhibition or performance of an obscene production, motion picture, play or act or an offense involving use of force and violence upon the person of another, or an offense involving misconduct with children.
(e)
That the operation, if permitted, would not be detrimental to the public health, safety and welfare by reason of noise and traffic interfering with the quiet and peaceful enjoyment of the surrounding neighborhood. This subsection shall be narrowly applied. There must be a finding that from experience as indicated from this or similar uses the amount of noise, traffic and congregation of persons in, to and from said business will substantially interfere with the health or safety or welfare or enjoyment of other persons or businesses in the vicinity. Where the business establishment is in close proximity to residential areas, schools, churches, parks and public buildings, this factor must be given more weight than it would be in a general business district not in close proximity to residential areas, schools, churches, parks and public buildings.
[Amended by Ord. 94-8]
(f)
That adequate and convenient off-street parking is available to support the proposed entertainment and patrons and customers likely to be attracted thereto in reasonable safety, and without undue congestion, noise and without adversely affecting the peace and quiet and normal enjoyment of the surrounding neighborhood. The City Council finds that the zoning requirements for off-street parking for commercial uses were not enacted or adopted with this type of entertainment and congestion contemplated, and therefore each place of business with the type of entertainment contemplated, the size thereof, and its general location as well as available off-street parking, must be separately considered notwithstanding any other provision of this Code to the contrary.
(g)
That necessary police manpower is available to police said premises and the entertainment and the method of conducting the same, under reasonable conditions, will not place an unreasonable burden on the Law Enforcement Agency of the City so as to endanger the public peace, health, safety or welfare. If this finding cannot be made, the permit shall be issued under a condition that the permittee arrange for additional law enforcement services as determined reasonably necessary by a written report of the Chief of the law enforcement agency.
[Amended by Ord. 94-8]
(h)
All such entertainment shall be presented within a building and no such entertainment shall be visible at any time from any ground, parking lot, sidewalk, street, highway, alley or from any point outside or exterior of such building.
(i)
The building within which said entertainment is provided is of adequate size, design and construction to safely house the patrons and guests likely to be attracted to said premises by reason of said entertainment.
(j)
Where the applicant has been licensed by the State of California for the on-sale of alcoholic beverages, the record of convictions by courts of competent jurisdiction by final judgment for all felonies and for drunkenness, driving under the influence of intoxicating liquors or under the combined influence of intoxicating liquors and any drug, disturbing the peace, malicious mischief, assault and battery, sexual misconduct, and resisting arrest, at such location and in the immediate neighborhood thereof, does not make it reasonably likely that the operation of an entertainment business at such location would aggravate materially or make more frequent the commission of such offenses.
(k)
That the applicant has not allowed or permitted acts of sexual misconduct to be committed within prior business operations.
(l)
That the applicant has not had a similar type of permit previously revoked for good cause within a one-year period, or has shown a material change of circumstances since such revocation.
7.
Conditions. Violations. In granting any such permit, said City Council, or Board as the case may be, may in the application of the aforementioned standards and in order to protect the public peace, health, and safety, impose any reasonable condition or regulation pertaining to the conducting of such entertainment unrelated to the content of said entertainment, the rendition thereof, or the message conveyed over and above those contained in this Section in order to protect the public health, safety and welfare and may in that regard further limit the hours of operation, the age of persons who may attend such places of entertainment, and require all necessary adult or police supervision, including the presence of a uniformed officer.
The City Council has intended by this Section to provide a regulation pertaining to the place of and the personnel involved in providing entertainment in certain public places consisting of restaurants, hotels, cafes, coffee houses, cabarets, clubs, barrooms, beer halls, beer gardens, public dance halls, and it is not the intention of the City Council to prohibit any such entertainment where, under the application of the standards set forth in subsection (6), the public peace, health, safety and welfare will be protected. The City Council hereby finds that nudity and semi-nudity conducted on the aforementioned premises, whether by models, dancing girls or waitresses is a form of entertainment and, as such, is subject to regulation in the protection of the public peace, health, safety and welfare. The City Council has not intended by this Section to define as criminal any degree of nudity or semi-nudity but has by this Section attempted to regulate the place, time and manner of the presentation of such nudity or semi-nudity and to supervise the display thereof. The doing of entertainment business, as defined in this Article, without an entertainment business license or permit, or the doing of any entertainment business in violation of the terms and provisions of such license or permit, or the performing or engaging in the act of entertaining as defined in this Section, without a permit therefor or in violation of any provisions and terms of such a permit, or the doing of any of the foregoing after suspension or revocation of license or permit, are hereby prohibited and are made a misdemeanor and are punishable by imprisonment or by fine or penalty as provided in this Code. The City Council hereby declares that the conducting of an entertainment business, as defined in this Article, or the engaging in or performing of entertainment, as defined in this Section, without a license or permit therefor, or in violation of the terms and provisions of any license or permit, or after the suspension or revocation of any such license or permit is a public nuisance and in addition to the enforcement provisions of this Code shall be abated as a public nuisance as provided by law.
[Amended by Ord. 94-8]
8.
Permit necessary for nude or semi-nude entertainment. No person shall appear in the nude or semi-nude in the display of any customer or person in any establishment for which a permit is required hereunder except where in possession of a valid, unexpired or semi-nude entertainer's permit. No person shall procure, display or authorize anyone to, nor shall any person appear in the nude in any establishment for which a permit is required by this Section, except where and pursuant to permits specifically authorizing and denoting thereon the words "Nude Entertainment Authorized."
The granting of any permit under the provisions of Section 6402G to anyone which does not denote thereon that semi-nude entertainment or nude entertainment is authorized shall not grant to the possessor of that permit any right to authorize, engage in, display, conduct or perform nude or semi-nude entertainment as defined in this Section and the doing of such without a permit specifically authorizing the same is hereby declared unlawful, prohibited and a public nuisance.
9.
In addition to the foregoing the following regulations and provisions shall be applicable for nude or semi-nude entertainment.
(a)
Signs. No sign or signs which in whole or in part advertise any nude or semi-nude entertainment for which a permit is required by this Chapter, whether utilizing the words nude or semi-nude, or topless or bottomless shall exceed an area seven hundred and twenty square inches per sign and exceeding two in number. No sign shall be maintained, erected, used or placed upon, on, or adjacent to the outside of any building in connection with any such premises in violation thereof. No sign or signs which, in whole or in part, depict the human form or any portion thereof, whether clothed or unclothed, shall be maintained, erected, used or placed upon or adjacent to the outside of any building or in connection with any premises where any permit is required by this Section.
(b)
Adult Manager. All premises upon which an entertainment permit is required by this Section shall have an adult manager on the premises at all times during nude or semi-nude entertainment. Such manager shall be registered with and approved by the Board or City Council as the case may be, in accordance with the terms and provisions of this Chapter applicable to an owner, proprietor, or permittee or licensee. If approved, such person shall be issued a Manager's Permit.
[Amended by Ord. 94-8]
(c)
Permits required before employment. No person shall employ any female or manager to participate in or conduct or supervise or manage any nude or semi-nude entertainment for which permits are required by this Section unless and until such female or manager has been issued a permit therefor as required by this Section. The Director of Finance, upon issuance of any permit under this Section, shall in writing notify the permittee or licensee of the issuance of such a permit or permits which shall be posted in a conspicuous place on the premises for which said permit is issued and shall remain posted at all times. It shall be unlawful for any person to manage, supervise, conduct, employ, authorize or engage in nude or semi-nude entertainment upon any premises for which a permit is required by this Section unless such permit is so posted.
(d)
Interior lighting. Every premises for which a permit is required by this Section shall be lighted throughout to an intensity of not less than twenty foot-candles during any time while nude or semi-nude entertainment is in progress, except where nude or semi-nude entertainment is being conducted on a stage.
(e)
Same; Exterior lighting. No owner, proprietor, licensee, permittee or the manager, agent or employee thereof shall conduct or operate or authorize any nude or semi-nude entertainment as herein defined while said premises are not lighted with the minimum standards specified in the previous subsection. No such person, in addition, shall authorize, allow or maintain any such premises for which nude or semi-nude entertainment permits have been issued, at any time from sunset to one-half hour after the closing hour of said premises, unless the parking lot thereof and all adjacent ground of said premises are uniformly lighted with an intensity of not less than two foot-candles.
10.
Still and Motion Pictures. No person, owner, proprietor, manager, licensee, or permittee or the agent or employee thereof, shall authorize, conduct or permit, show, project or run or operate on any premises for which an entertainment permit is required by Section 6402G, any motion picture, still, or slide picture which projects or shows within or on said premises the female body in any degree of nudity as defined in Section 6402G unless pursuant to an entertainment permit required hereinunder. Such a display, projection or showing on any such premises is entertainment subject to the regulations of Section 6402G. This subsection shall not be applicable to any television transmission nor to theatres.
H.
House Number Painter.
1.
Notwithstanding Section 4235 any person, firm, corporation or organization may place or cause to be placed or painted upon any curb, street, roadway, sidewalk or other public property any house number in black paint in figures of the size of three inches in height and impressed upon a white background of the size of five by eleven inches, provided the consent of the owner or occupant of the property immediately adjacent thereto is first obtained and, provided, further, that a permit to place numbers on curbs is first obtained pursuant to this Article.
2.
Every person painting or placing house numbers on curbs, streets, roadways, highways, sidewalks or other public property shall have in his possession a valid, unrevoked identification card issued by the Director of Finance stating his or her name and address, the name and address of the permittee, the license or permit number of the permittee or licensee, and the date of expiration of said license.
I.
Massage Establishments and Business of Massage.
[Added by Ord. 2015-4]
1.
Business Permit Required.
(a)
No person shall engage in or carry on the business of massage unless he has a valid and subsisting massage business permit issued pursuant to the provisions of this Article for each and every separate office or place of business conducted by such person. For the purposes of this section, the term massage shall be that interpretation under Section 4601 of the Business and Professions Code.
(b)
No person shall practice massage as a masseur, employee or otherwise, unless he has a valid and subsisting masseur's business permit issued to him pursuant to the provisions of this Article and lawfully possesses a valid certificate issued by the California Massage Therapy Council designating him as a Certified Massage Therapist or a Certified Massage Practitioner pursuant to Section 4600 et al of the Business and Professions Code.
(c)
A massage business permit shall not be transferable to another person or entity without prior approval from the City of Lakewood.
(d)
At least one Certified Massage Therapist or Certified Massage Practitioner shall be on the premises during all hours of operation.
2.
Definitions.
Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this section, and, except to the extent that a particular word or phrase is otherwise specifically defined in this section, the definitions and provisions contained in this Code shall also govern the construction, meaning, and application of words and phrases used in this Section. The definition of each word and phrase shall constitute, to the extent applicable the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.
(a) CALIFORNIA MASSAGE THERAPY COUNCIL
The council created pursuant to Section 4600 et al of the Business and Professions Code.
(b) EMPLOYEE
Is any person over eighteen years of age who renders any service in connection with the operation of a massage business and receives compensation from the operator of the business or from patrons.
(d) MASSAGE ESTABLISHMENT
Is a fixed location as defined under Section 4601 of the Business and Professions Code where massage services and supporting rooms occupy more than 50 percent of the floor area of the business space.
(e) CERTIFIED MASSAGE PRACTITIONER OR CERTIFIED MASSAGE THERAPIST
A person defined under Section 4601 of the Business and Professions Code.
(f) MASSEUR
A person who lawfully possesses a valid certificate issued by the California Massage Therapy Council designating him as a Certified Massage Therapist or a Certified Massage Practitioner pursuant to Section 4600 et al of the Business and Professions Code. The term "masseur" shall also include masseuse, as the use of the masculine gender shall include in all cases the feminine gender as well.
3.
In addition to the requirements of Chapter 3 of Article VI, any person desiring a business permit to operate a massage establishment shall include in the application therefor the following:
(a)
The name, style, and designation under which the business or practice is to be conducted.
(b)
A complete list of the names and residence addresses of all Certified Massage Practitioners, Certified Massage Therapists, and any other employees in the business and the name and residence address of the manager or other person principally in charge of the operation of the business.
(c)
The following personal information concerning the applicant, if an individual; and concerning each stockholder holding more than ten percent of the stock of the corporation, each officer and each director, if the applicant be a corporation; and concerning the partners, including limited partners, if the applicant be a partnership; and concerning the manager or other person principally in charge of the business.
(1)
Name, complete residence address and residence telephone numbers.
(2)
The two previous addresses immediately prior to the present address of the applicant.
(3)
Written proof of age.
(4)
Height, weight, color of hair and eyes, and sex.
(5)
Two front face portrait photographs taken within thirty days of the date of the application and at least two inches by two inches in size.
(6)
The massage or similar business history and experience, including but not limited to whether or not such person in previously operating in this or another city or state under license or permit has had such license or permit denied, revoked, or suspended and the reason therefor, and the business activities or occupations subsequent to such action of denial, suspension or revocation.
(7)
All criminal convictions other than misdemeanor traffic violations, fully disclosing the jurisdiction in which convicted, and the offense for which convicted and the circumstances thereof.
(8)
A complete set of fingerprints taken and to be retained on file by the Police Chief or his authorized representatives.
(d)
Such other information, identification, and physical examination of the person as shall be deemed necessary by the Chief of Police to discover the truth of the matters hereinbefore required to be set forth in the application.
(e)
Authorization for the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for permit.
(f)
The names and addresses of three adult residents of the County who will serve as character references. These references must by persons other than relatives and business associates.
(g)
A deposit shall be made with the City in an amount as determined by the Director of Finance to cover the full cost of a background investigation of the applicant.
4.
In addition to the requirements of Chapter 3 of the Article any person applying for a masseur's business permit shall include with said application the following:
(a)
The name, complete residence address and residence telephone numbers of the applicant.
(b)
The business address and all telephone numbers where the massage is to be practiced.
(c)
A copy of a valid certificate issued by the California Massage Therapy Council designating him as a Certified Massage Therapist (CMT) or a Certified Massage Practitioner (CMP) pursuant to Section 4600 et al of the Business and Professions Code.
(d)
A copy of his driver's license or identification card issued by the State of California.
(e)
An independent masseur or independent masseur contractor shall obtain a masseur's permit, however an employee of a massage establishment shall not be required to obtain a masseur' s permit.
5.
In addition to the requirements of Section 6303 no business permit shall be granted under this Section where:
(a)
The business permit applicant has had a massage business, masseur or other similar permit or license, or conditional use permit, denied, revoked or suspended for any cause by the City of Lakewood or any state, county, or local agency within one (1) year prior to the application.
(b)
The business permit applicant, if an individual, or any of the partners if the applicant is a partnership, and the manager or other person principally in charge of the operation of the business is not over the age of eighteen (18) years.
6.
In addition to the requirements of Section 6303 the following criteria shall be considered in determining whether or not the applicant is qualified for a business permit whether the applicant has:
(a)
Been convicted of any crime involving dishonesty, fraud or deceit unless such conviction occurred at least five (5) years prior to the date of the application.
(b)
Been convicted of any offense involving the use or threat to use force or violence upon the person of another, or any crime requiring registration under §290 of the Penal Code of the State of California, or any violation of §311, 311.2, 311.4, 311.5, 311.7, 314, 315, 316, 318 or 647 (a) (b) or (d) of the Penal Code of the State of California, unless such convictions occurred at least five (5) years prior to the date of said application.
(c)
If any of the aforementioned convictions occurred more than five (5) years prior to the application, they may be considered by the Board, if the applicant has had a subsequent felony conviction of any nature in any court of competent jurisdiction, or, if the applicant has had a subsequent misdemeanor conviction of any of the crimes mentioned above.
(d)
Each case must be considered on its permits, and conviction of the aforementioned crime shall not be considered a prohibition to the issuance of a business permit if the Board is satisfied that under the circumstances the said applicant is a fit person to be vested with the privileges of said permit.
7.
Notwithstanding the provisions of Section 6301 each applicant for business permit to operate a massage business and each applicant for a masseur's business permit shall pay the permit fee as prescribed under Subsection 6527.2.B of Chapter 5 of Article VI of the Lakewood Municipal Code.
8.
Prohibitive Conduct. In addition to any other provision of this Code the following are applicable:
(a)
Each massage business permittee shall conduct said business within a fixed location or locations within the City as set forth in said business permit, and one of said places shall be designated as a principal place of business of said massage business establishment. No business permit shall be issued to conduct a massage business establishment at any location within the City except in compliance with the zoning and building codes of the City. No business permit shall be issued to a masseur pursuant to this section unless said masseur provides said massage services at a fixed place of business within the City as set forth in said permit. No masseur shall provide any massage service to any patron except at such fixed place of business as set forth in said Masseur's Business Permit unless said service is provided to a patron in the residence of the patron, or place of abode of the patron, or by the masseur incidental to maintaining and conducting a massage service at a principal place of business, aforementioned, and as set forth in said business permit.
(b)
Every massage business permittee shall report immediately to the Chief of Police any and all changes of ownership or management of the massage business, including but not limited to changes of manager or other person principally in charge, stockholders holding more than ten percent of the stock of the corporation, officers, directors and partners; any and all changes of name, style or designation under which the business is to be conducted; any and all changes of business address or telephone numbers where the business is to be conducted; and any and all changes or transfers of masseurs employed in the business whether by new or renewed employment, discharge or termination, or otherwise. Every masseur shall report immediately to the Chief of Police any and all changes of employment, whether by new or renewed employment, discharge or termination, or otherwise, giving the name and address of the former employer, if any, and the name and address of the new employer, if any.
(c)
No massage business permittee shall publish or distribute, or cause to be published or distributed, any advertising matter or business identification card that states or depicts any portion of the human body that would reasonably suggest to prospective patrons that any service is available pursuant to said permit or business license, other than a massage, as defined in this Section.
(d)
No massage business permittee or other person shall permit any person under the age of eighteen (18) years to come or remain on the premises of any massage business establishment as a masseur or employee . In the instance where the client seeking treatment (e.g. sports injury) is under the age of eighteen (18) years, they shall be allowed on the premises only when accompanied by their parent or legal guardian, who shall remain on the premises and within sight of the underage client.
[Amended by Ord. 2018-9]
(e)
No massage business permittee or other person shall sell, give, dispense, provide or keep or cause to be sold, given, dispensed, provided or kept any alcoholic beverage as defined in §23004 of the Business and Professions Code of the State within the premises wherein a massage business is conducted. No intoxicated person shall be provided with any massage services and shall not be permitted to remain on the premises.
(f)
No massage business permittee or other person shall employ as a masseur any person unless that employee has obtained and has in effect a masseur's permit issued pursuant to this Section and lawfully possesses a valid certificate issued by the California Massage Therapy Council designating him as a Certified Massage Therapist or a Certified Massage Practitioner pursuant to Section 4600 et al of the Business and Professions Code.
(g)
No massage business permit shall be issued for and no person shall conduct a massage business except within the proper zone therefor and no such business shall be conducted within any residential zone, and shall be inspected prior to the issuance of said permit or any renewal thereof to determine that the walls are clean and painted with a washable, mold resistant paint in all rooms where or steam baths are given. Floors shall be free from any accumulation of dust, dirt or refuse. All equipment used in the massage operation shall be maintained in a clean and sanitary condition. Towels, linen and items for personal use of operators and patients shall be clean and freshly laundered. Towels, cloths, and sheets shall not be used for more than one patron. Heavy white paper may be substituted for sheets provided that such paper is changed for every patron. No massage service or practice shall be carried on within any cubicle, room, booth, or any area within a massage establishment which is fitted with a door capable of being locked unless the business is owned by one individual with only one or no employees. Each massage business permittee shall continually maintain said premises in accordance with the foregoing standards, and in addition the following standards shall be met and maintained at all times:
(1)
One (1) artificial white light of not less than 40 watts shall be provided in each room where massages are performed.
(2)
When in dry heat rooms, steam or vapor rooms, or cabinets, show compartments and toilet rooms shall be cleaned each day the business is in operation.
(3)
Bathtubs shall be cleaned after each use.
(4)
Separate restrooms shall be provided for men and women.
Nothing herein contained shall be construed to eliminate other requirements of statute or the Municipal Code concerning the maintenance of said premises, or to preclude where necessary and reasonable more frequent inspection thereof.
9.
Each massage establishment business permittee shall have the premises supervised at all times when open for business by an adult manager. The massage business permittee or masseur may serve as the required manager. Any business rendering massage service shall have one person who qualifies as a masseur on the premises at all times while the establishment is open. The massage business permittee shall personally supervise the business and shall not violate or permit others to violate, any applicable provision of this Section. The violation of any such provision by any agent or employee of the massage business permittee shall constitute a violation by the massage business permittee.
10.
No massage as defined by this Section and for which any permit is required shall be conducted by any person between the hours of 10:00 p.m. and 7:00 a.m. unless authorized by a permit to do so.
11.
The provisions of this Section shall not apply to hospitals, nursing homes, sanitariums, or persons holding an unrevoked certificate to practice the healing arts, including chiropractors, acupuncturists, and physical therapists, under the laws of the State, or persons working under the direction of any such persons or in any such establishment, nor shall this article apply to barbers or cosmetologists lawfully carrying out their particular profession or business and holding a valid, unrevoked license or certificate of registration issued by the State.
J.
Patrol Systems.
1.
Private Patrol System and Street Patrol System. Any person operating a private patrol system or street patrol system as defined in §7521 and 7523 of the Business and Professions Code of the State of California shall apply for and maintain at all times a license from the State of California and, in addition, a permit under the terms and provisions of this Section.
2.
Application. In addition to those items required in this Article, any person desiring a permit to conduct a patrol system shall pay an application fee often dollars($ 10.00) and said application shall contain the following:
(a)
The name and address of applicant.
(b)
If the applicant is a partnership, the name and address of all partners.
(c)
If the applicant is a corporation, the names and addresses of the corporate officers and manager, and a certified copy of the resolution authorizing such application.
(d)
The district or territory proposed to be served by the patrol system.
(e)
A description of the methods of operation.
(f)
The names and addresses of all patrolmen who are or will be the owners, officers, or employees of the applicant.
(g)
A statement as to what offenses, if any, any person mentioned in paragraphs (a), (b), or (c) hereof, has been convicted of and of the time, place and circumstances thereof.
(h)
Such other information as the Director of Finance may require.
3.
Evidence to Be Submitted. The application for a license to conduct a patrol system shall be in the form and manner prepared by the Director of Finance and shall be prepared to ascertain the character, fitness and qualifications of every person whose name appears on the application. If the application is for a patrol system license, it shall set forth that the applicant is licensed pursuant to §7520 of the Business and Professions Code. If the applicant for a patrol system license is a corporation, it shall set forth that said applicant is authorized to do business in the State of California and has appointed a local agent upon whom process may be served.
4.
Investigation by Chief of Police. Upon receipt of an application for a license to conduct a patrol system the Chief of Police shall investigate the character, fitness and qualifications of every person whose name appears on such application. He shall transmit such application to the Director of Finance and recommend either that the license be granted as applied for, or grant the license subject to certain conditions, or for less territory than applied for, or both; or deny the license.
5.
Permit. In addition to the grounds specified in this Article an application for a permit may be denied upon determination that no need exists for such patrol system. In granting a permit the Board or City Council may impose reasonable additional requirements to meet local needs, and may allocate territory in that amount or to those areas deemed necessary to protect persons or property. In addition, the Board or City Council may in refusing to grant a permit, or allocation of territory, consider the necessity of any or additional patrol services to the territories involved.
6.
Restricted to Area. A license to conduct a patrol system shall not authorize any person either as patrolman, agent or owner to patrol any territory outside of the area specified in the license of such patrol system.
7.
Application to Modify. The holder of a license to conduct a patrol system at any time may file an application with the Director of Finance either to change or increase his territory of operation or to add patrolmen or both. If additional patrolmen are requested, unless already filed, such patrolmen shall file either applications for licenses or application to modify existing licenses.
8.
Manner of Modification. The Board or City Council shall grant or deny applications to modify existing patrol system licenses in the same manner as in the case of original applications.
9.
License Not to Be Sold. The holder of a patrol system shall not sell or offer to sell any transfer or relinquishment of the privilege to operate a patrol system in territory assigned to him or for any consideration whatever agree to advocate, or not to oppose the granting of any other patrol system license.
K.
Patrolman.
1.
Patrolman herein has reference to a uniformed employee on a private patrol system, or a street patrol special officer.
2.
The operator of each patrol system required to have a permit under this Chapter shall maintain on file with the Director of Finance the name and address of each such patrolman employed by said operator or serving as an operator of a patrol system within the City of Lakewood. In the event of any change of the personnel of such patrol system, the operator shall advise the City Clerk of such change within five (5) days after any patrolman is no longer an owner, member or employee of such permittee.
3.
Any person issued a license, badge or identification to serve or act as a patrolman shall immediately return the same to the Director of Finance or the Chief of Police upon termination of this employment or termination of his operator's permit, whichever the case may be.
4.
No person within the City of Lakewood shall serve as a patrolman except upon establishing to the satisfaction of the Director of Finance that said person is licensed and registered as a uniform patrolman or street police special officer under the provisions of the Business and Professions Code of the State of California. Any person not so licensed or registered may only serve as a patrolman if a permit has been issued pursuant to the following subsections:
(a)
Any person desiring a permit to act as a patrolman shall file a verified application with the Director of Finance accompanied by a permit fee of $10.00 to cover the cost of said application. The application form shall contain among other things the following:
(1)
The name and address of the applicant.
(2)
A statement of all businesses and occupations engaged in for the last five years, and the names and addresses of not less than three persons able to verify the statement.
(3)
A statement of what offenses, if any, the applicant has been convicted, and the time, place and circumstances thereof.
(4)
A complete set of fingerprints of the applicant taken by the Sheriff.
(5)
The name and license number of the patrol system by whom he will be employed, or of which he is to be an owner or officer. If no such license has been granted the applicant shall state when an application for such license has been filed.
(6)
Such other information as either the Sheriff or City Council may require.
(7)
With every application for a patrolman's license, the applicant shall also file a letter from the licensee of a patrol system, certifying that such licensee desires to employ such patrolman or that such patrolman is or will be an owner or member of such patrol system.
(b)
The Director of Finance shall refer said application to the Chief of Police and the Chief of Police shall investigate the character and qualifications of said person.
The Chief of Police shall recommend to the Board or City Council that the application either be granted, denied or that the application be granted subject to certain conditions, or for less territory than applied for, or both.
(c)
The City Council or Board shall grant or deny said application by the same procedure so far as applicable as provided herein for granting or denying a permit to conduct a patrol system.
5.
Change of Employer. Upon written application by a licensed patrolman accompanied by the written application of the patrol system which proposes to employ such patrolman, and upon satisfying the Director of Finance by competent evidence that such patrolman is, or will be no longer employed by the patrol system formerly employing such patrolman, the Director of Finance may modify the license of the patrol systems by removing such patrolman's name from one license and adding it to the other license.
6.
Notice of Change of Employer. Unless a patrolman applies to have his permit modified as provided in the preceding subsection, any permit of a patrolman no longer employed by a patrol system named in his permit, shall be revoked.
7.
Return of Permit. A patrolman shall surrender his permit to the Director of Finance when his permit has been revoked, when he has ceased to be employed as a patrolman, or when the permit of his employer has been revoked.
8.
Illegal Activities. A patrolman shall not, either by himself or through the actions of another, harass, annoy, or commit a nuisance against, or injure the property of, or unnecessarily enter or otherwise trespass upon the property of any person whose property the patrol system of such patrolman is not employed to protect.
9.
Equipment. The Chief of Police shall specify the police equipment, including weapons which a licensee may wear while on duty. A permittee shall not wear any equipment or weapon or carry any weapon not specified.
10.
Uniform. A patrolman shall not wear any uniform which is in imitation of, or can be mistaken for, an official Sheriff uniform or an official police uniform of the police force of any city within the County of Los Angeles, or an official uniform of any state officer.
11.
Identification. While engaged in his duties as such, a patrolman shall keep upon his person at all times his permit and shall display the same to any officer of the law enforcement agency of the City when requested to do so.
12.
Rank and Title. A patrolman shall not assume or use a rank or title the same as or similar to any rank or title used by the Sheriff or by a police department within the County of Los Angeles.
13.
Duty to Report. A permittee shall not perform official police or investigation activities, but shall immediately report every violation of law and every unusual occurrence to the nearest Sheriff or police substation. A permittee shall make a full report of each violation or other occurrence without unnecessary delay to such substation.
L.
Taxicabs.
1. TAXICAB
Definition.
Means a motor vehicle, as that term is defined in the Vehicle Code, used for the transportation of passengers for hire, when driven by the owner or by an agent of the owner at rates per mile, per trip, per hours per day, per week, per month, or per other period of time, which vehicle is routed under the direction of the passengers or other persons hiring such vehicle.
2. TAXICAB OPERATOR
Definition.
Means a person engaged in the business of running, driving or operating one or more taxicabs and soliciting or accepting passengers in such taxicab or taxicabs for hire, either at a taxicab stand or elsewhere, within the City.
3.
In addition to the requirements of this Chapter, the application shall contain:
(a)
Location of taxicab stands requested.
(b)
Places on private property, if any, where applicant intends to park taxicabs while awaiting passengers, and, if none, a statement of that fact.
(c)
Area within which applicant proposes to operate.
(d)
Kind and amount of public liability to be used for the acceptance of passengers for hire within the City.
(e)
Taxicab color scheme and insignia.
(f)
Owner's trade name and business address.
(g)
Number of vehicles to be used for accepting passengers for hire within the City, their make, model (year), and seating capacity.
(h)
Schedule or rates proposed to be charged.
(i)
Applicant's estimate of the need of taxicab service in the area which he proposes to serve and taxicab service in such area now being provided by others. Such further information as either the Sheriff or the City Council may require.
4.
Application Fee. In lieu of the application fee required by this Chapter, each applicant shall pay an application fee of Ten Dollars ($10.00) payable in advance and otherwise all terms and conditions of Section 6301 shall apply.
5.
Power to Revoke. In addition to powers granted by this Article, the City Council may deny, revoke, suspend or cancel any taxicab operator's license if they find:
(a)
The operation permitted by such license is or will be in violation of any local or state or federal law, statute, ordinance, order or regulation, or
(b)
Public necessity and convenience do not require the granting or continuance of such license, or
(c)
The granting or holding of such license, for any reasonable cause, is or will be contrary to the general public welfare.
6.
Color Scheme. If The City Council finds that the color scheme or insignia specified in an application for a taxicab operator's license is so similar to that of an existing taxicab operator as to deceive or confuse or tend to deceive or confuse the public, the applicant may amend his application to designate a different color scheme or insignia. The City shall not issue a taxicab operator's license unless the application specified a color scheme and insignia neither of which are so similar to that of an existing taxicab operator as to deceive or confuse or tend to deceive or confuse the public.
7.
Permit Specifications. The City Council in every taxicab operator's permit shall specify:
(a)
The Taxicab stand or stands, on one of which shall exceed forty feet in length on the public highway from which the taxicab operator may accept passengers.
(b)
The area within which the taxicab operator may accept passengers.
(c)
The rates which the taxicab operator shall charge or the maximum or minimum rates or both above which or below which he shall not charge.
(d)
The places on private property from which the taxicab owner may accept passengers.
8.
Affixing Permit. Upon obtaining a taxicab operator's license, the permittee shall submit such permit to the Chief of Police and bring all of the vehicles licensed thereby to a place designated by the Chief of Police. The Chief of Police shall attach and seal a license plate to the rear of the body of each vehicles covered by the license, by means of a seal and metal screws if such vehicle meets all requirements as specified in this ordinance.
9.
Substitution of Vehicles. If a taxicab operator desires to substitute one vehicle in place of another and if such vehicle to be substituted complies with the taxicab operator's license and the taxicab operator brings both the vehicle under the license and the vehicle to be substituted to a place designated by the Chief of Police, the Chief of Police may remove the license plate from the licensed vehicle and place it on the vehicle to be substituted. If the Chief of Police finds that it is impossible or impracticable to bring the licensed vehicle to the place designated, he may permit the licensee to detach the license plate therefrom, by breaking the seal and removing the screws, and may waive the requirement that such vehicle be brought to such designated place. Under no circumstances may this seal be broken or removed by anyone but the Chief of Police or other designated agency or officer of the City.
10.
Change of Corporation Directors. A taxicab operator's license which is issued to a corporation shall be valid so long as the directors of such corporation remain the same as shown on its application for license.
11.
Change of License Limitations. The City Council at any time, either on its own motion or upon the application of any licensee, may cause an investigation to be made and hold a public hearing and after such hearing may change the rates, area, number of taxicabs, location or number of taxicab stands, or both of any operator.
12.
Modification - Hearing. A hearing is necessary to increase the number of taxicabs in any area. A hearing is necessary to change the rates or color scheme.
13.
Fee Where Hearing Required. In all cases before a permittee files any application to modify his own permit he shall pay a filing fee often dollars ($10.00).
14.
Permittee on Increased Number of Vehicles. The number of taxicabs permitted shall not be increased until the permittee, in addition to any other charges provided for by this section, pays a fee of ten dollars per additional taxicab permitted.
15.
Insurance. The City Council shall not order the issuance of any taxicab operator's permit until the applicant first files with the City Clerk an undertaking or a policy of insurance or a financial statement and excess policy of insurance which undertaking, policy, or undertaking and policy shall comply with the provisions of this ordinance and shall first be approved by the City Attorney.
16.
Insurance - Amount. The policy of insurance required before a taxicab operator's license can be issued shall insure the public against any loss or damage that may result to any person or property from the operation of any taxicab used by the taxicab operator in his business as such. The maximum amount of recovery in such policy shall not be less than the following sums:
(a)
For the injury to any person, or the death of any one person in any one accident, twenty thousand dollars.
(b)
For the injury to two or more persons, or the death of two or more persons, or the injury to one person or more, and the death of one person or more, in any one accident, fifty thousand dollars.
(c)
For the injury or destruction of property in any one accident, five thousand dollars.
17.
Undertaking or Bond - Amount.
(a)
The undertaking required before a taxicab operator's permit can be issued shall be conditioned that the taxicab operator shall pay all damages to person or property for the amount of which he may become liable arising out of the conduct of the business of taxicab operator, and that any person having such a cause of action against the principal may join the surety as a party defendant or in his own name sue separately the surety on such undertaking.
(b)
The undertaking shall provide that it is not void upon the first recovery but may be sued and recovered upon from time to time by the person aggrieved until the whole penalty is exhausted.
(d)
The amount of the undertaking shall be calculated as follows:
18.
Two Policies. In place of one insurance policy the applicant may file not more than two insurance policies, one a policy of primary insurance and the second a policy of excess insurance, if the total insurance resulting from such policies is equal to, or greater than, that required by Section 16.
19.
Excess Insurance Policy. If any taxicab company has net assets of at least $25,000.00, if operating one and not more than 125 vehicles, and in addition thereto $250.00 net assets for each and every vehicle in excess of 125 operated, that company may, in lieu of the aforesaid policy of liability insurance or bond, file semi-annually with the City Clerk, subject to the approval of the City Attorney, a current balance sheet certified to by a Certified Public Accountant showing such assets and liabilities together with a policy of excess insurance agreeing to indemnity the company for any and all such sums which it shall by law become liable to pay, or by financial judgment to be adjudged to pay to any person as compensation for the injury to or death of or damage to vehicle operated by such company. Such excess policy shall cover $25,000.00 for any one person, or $10,000.00 up to $50,000.00 for any one accident involving more than one person.
20.
Notice of Cancellation. If any taxicab operator or driver has any notice of information of a change or cancellation of any insurance policy which policy is required under this Chapter, he shall give immediate notice to the City Clerk or the Chief of Police of such change or cancellation.
21.
Taxi Stands - Action on Application. The City Council in considering an application for a taxicab stand shall consider whether or not the applicant has obtained the written consent of:
(a)
The occupant of the first floor of that portion of the building or property in front of which such taxicab stand is requested, or, if such building contains more than one hundred rooms and is used for hotel purposes, the person operating such hotel.
(b)
If there is no building on the premises in front of which such taxicab stand is requested, or if there is a building and the first floor is not occupied, the owner of such building or premises.
22.
Rates. A taxicab operator shall not charge in any case any more or less than specified in his permit.
23.
Rates - Posting. Every taxicab operator shall post and maintain in that part of every taxicab which he operates which is most conspicuous to the passengers thereof, in letters and figures which are clearly legible and not less than one-quarter inch high, the schedule of rates permitted by his permit.
24.
Accepting Passengers. Every taxicab operator and every taxicab shall accept any passenger, unless:
(a)
He has no facilities available, or
(b)
The transportation requested is such that the driver or operator may not legally accept such passenger, or
(c)
The proposed passenger refuses or says that he will refuse or cannot pay the fare, or
(d)
The proposed passenger is drunk disorderly, or for other reasons not a fit passenger.
25.
Licenses - Driver to Operate. A taxicab operator shall not permit any person to operate a taxicab unless such person is the employee of the taxicab operator and has a taxicab driver's permit, or license as required by this Chapter.
26.
Driver not Authorized Forbidden. A person other than the owner or employee of the owner shall not drive or operate any taxicab.
27.
Information on Request. Upon request, every taxicab operator shall inform the Chief of Police and every other peace officer of the names, addresses, and the source of all driver's badges, permits, or licenses, of all taxicab drivers which such taxicab operator employees, or who is connected with, or interested in, the taxicab operator in any way.
28.
Contract with Driver. A driver and operator or owner of a taxicab shall not enter into any contract, agreement or understanding between themselves by the terms of which such driver pays to, or for the account of, such operator or owner a fixed or determinable sum of the use of such taxicab.
29.
Taxicab Meter Required - Inspection - Operation.
a.
No person, firm or corporation shall operate or maintain any taxicab requiring or operating under a permit pursuant to this Chapter until such taxicab shall be equipped with a taxicab meter of a type and design which shall have been approved by the license enforcement agency of the City of Lakewood, and it shall be the duty of any person, firm or corporation so operating such a taxicab as aforesaid and also the driver thereof to keep such meter operating at all times within such standard of accuracy as may be prescribed from time to time by the license enforcement agency. No passengers may be carried in any such taxicab unless such taxicab meter shall be in operation. This provision shall apply whether or not the taxicab is engaged for a trip entirely within the boundaries of the City or partially outside thereof, and such meter shall be kept operating continuously during the entire time that it is engaged in the transportation of passengers for compensation regardless of the point of destination.
b.
The taxicab meter shall be placed in each taxicab so that the reading dial showing the amount to be charged shall be well lighted and readily discernible to a passenger riding in any such taxicab.
c.
Every taxicab meter used in the operation of taxicabs shall be subject to inspection at any time by the license enforcement agency or any of its agents or employees. Upon discovery of any inaccuracy of such meter the operator thereof shall remove or cause to be removed from service any vehicle equipped with said taxicab meter until such taxicab meter shall have been repaired and accurately adjusted.
d.
Every operator shall submit to those rules and regulations and inspection and testing procedures as prescribed and enforced by the license enforcement agency. If the license enforcement agency should so require, the operator shall keep and maintain on said taxicab meter appropriate labels or inspection tabs in the form and fashion as required by the license enforcement agency.
e.
No driver of any taxicab while carrying passengers shall display the flag attached to the taxicab meter in such a position as to denote that such vehicle is not employed, or fail to throw the flag of the meter to a position indicating such vehicle is unemployed at the termination of each and every service.
f.
All charges for taxicab service, except as provided in subsection g shall be clocked and indicated by a taxicab meter and at all times while the taxicab is engaged the flag of the taxicab meter shall be thrown into a position to register charges for mileage or into a position to register charges for waiting time. No taxicab meter shall be used whose mechanism will register a combined charge for mileage and waiting time in any single position, and no taxicab meter shall so operate as to cause any charge to be registered thereon except during the time while the taxicab is engaged by a passenger or passengers.
g.
Exception. The provisions of this Section pertaining to taxicab meters shall not apply to any operator or taxicab driver of such operator who has a permit to operate a taxicab or taxicabs within the City on a flat fee or rate or on another means of rate computation other than on a mileage basis.
30.
Maximum Age of Taxicabs. Each taxicab authorized under this Section shall at all times be maintained by the taxicab operator in good mechanical condition and not more than five (5) years shall have elapsed since issuance of original registration therefor, except where authorized by the City Council.
31.
Acceptance of Passengers. A taxicab driver shall not stop for or accept any passenger except:
a.
Within the area specified in the permit for the taxicab which he is driving.
b.
A taxicab driver who has driven a passenger to any place may wait for and accept such passenger. If the taxicab driver for any reason moves the taxicab from the location where he has left the passenger, this subsection does not apply.
32.
Taxi Stands. A taxicab driver shall, while awaiting employment park or stop such taxicab only at those taxicab stands specified in the taxicab operator's permit pursuant to which he is operating, or upon private property.
33.
Direct Route. Every taxicab driver shall carry his passengers to their point of destination by the most direct practical route unless specifically directed to do otherwise by such passengers.
34.
Exclusive Rights of Passengers. When a taxicab is engaged, the occupants shall have the exclusive right to the full and free use of the passenger compartment. No taxicab operator or taxicab driver may solicit or carry additional passengers, unless the taxicab operator's permit expressly permits the carrying of additional passengers, and then only to the extent expressly permitted.
M.
Tumbling.
1.
Every person exhibiting, showing or operating a rebound tumbling center, or other similar type of amusement device, shall first obtain a permit in accordance with this Section which shall be renewed by the Director of Finance at the end of each fiscal year if said renewal has been favorably reported upon by the building department.
2.
The operator of each rebound tumbling center shall procure and at all times maintain in full force and effect a policy of liability insurance for each rebound tumbling equipment insuring him against liability arising from personal injury with limits of not less than $50,000.00 for any one occurrence. The operator shall file a true copy of his insurance policy or policies with the Director of Finance.
3.
Rebound tumbling equipment shall be maintained in a good state of repair. Rebound tumbling equipment which has broken springs or broken webbing shall not be used. The operator shall take precautionary measures to prevent broken springs from disengaging from the assembly.
4.
Rules and Regulations. The operator shall enforce, and all customers using rebound tumbling equipment shall observe and obey the following rules and regulations which shall be printed in clear, easily read letters, not less than one inch in size, and posted in one or more conspicuous and well-lighted locations within the tumbling equipment center.
(a)
Not over one person on the apparatus at a time.
(b)
No flips, twists or similar difficult routines unless under the immediate supervision of a qualified instructor, or until qualified as demonstrated by an officially acceptable certificate or as determined by the operator.
(c)
No use of equipment in shoes or bare feet.
(d)
All patrons shall strictly and promptly comply with requests or requirements of operator.
(e)
No use while under the influence of any alcoholic beverage or when not in condition to safely use the equipment, as determined by the operator.
(f)
No jumping from apparatus to apparatus or to any point outside the frame of the apparatus.
(g)
No action allowed which will or may seriously distract or interfere with a performer.
(h)
No children under six (6) years of age shall be allowed to use the equipment unless accompanied by a responsible adult.
(i)
No smoking, eating or drinking while using the rebound tumbling equipment or within six (6) feet of the inside edge of the frame of the apparatus.
5.
Supervision. A rebound tumbling center, whenever open for use, shall be under the direct supervision of as many supervisors as are necessary to comply with the posted rules. The supervisors shall at all times be in a position to observe all equipment units when in use. A suitable loud speaker system shall be maintained to enforce the rules, except where there are less than eight units. There shall be at least one supervisor on active supervising duty for each twelve units or fractional part which are in use.
6.
Qualifications of Supervisors. A rebound tumbling supervisor shall be seventeen (17) years of age or over and of good moral character and trained and experienced in the supervision and control of personnel, skilled in the art of rebound tumbling. Such supervisor shall be physically and otherwise fully fitted to manage the facility as determined by the Superintendent of Parks and Recreation.
7.
Restoration of Premises and Bond. Within sixty days of the abandonments, closing down or surrender of the premises of any tumbling rebound center, the operator thereof, or his successor, or the owner of the premises upon which the same is located, shall remove said rebound tumbling equipment and fill any cavities, holes or sumps installed in the ground or on said premises for the purpose of housing said equipment and shall otherwise restore the site as nearly as practicable to its original condition. No permit shall be issued hereunder until said operator has filed with the City Clerk a Faithful Performance Bond in the amount determined by the Director of Finance as necessary for guaranteeing the faithful performance of the provisions of this Section.
The Director of Finance may issue permits for the hereinafter named businesses or in other instances authorized in this Article without submission of the same for the approval of the Permit Hearing Board or the City Council when he has obtained the necessary clearance from the law enforcement, health agency, or other investigating agency, and where he has received no evidence to indicate that the public health, safety or welfare or the purposes of this Article will be injured by the granting of such a permit, and where, the purposes of this Article will be injured by the granting of such a permit, and where, in addition, there are no protests or objections to the issuance of such a permit. In the event any of the foregoing should exist, the Director of Finance must refer the application for the permit to the Permit Hearing Board or the City Council. In addition, the Director of Finance may refer any of the hereinafter mentioned applications for hearing before the Permit Hearing Board or City Council without considering the same himself in his discretion. The Director of Finance shall not issue a permit unless all the terms and conditions of this Chapter are met.
Any person aggrieved by the action of the Director of Finance in the refusal to issue a permit as provided herein shall have the right to appeal to the City Council. Such appeal shall be taken by filing with the City Clerk within ten (10) days after notice in writing of the action of said Director of Finance has been received by said applicant or has been mailed to applicant's last known address, a written statement setting forth in general that an appeal to the City Council has been taken from such refusal to issue a permit and setting forth the reasons why the appeal is taken. The City Clerk shall set a time and place for hearing such appeal before the City Council and notice of such hearing shall be given to the applicant by mailing notice, postage prepaid to the applicant's last know address at least five (5) days prior to the date set for hearing. The hearing shall beset within thirty (30) days following receipt of the notice of appeal. Said hearing may be continued from time to time by the City Council as it deems necessary. The City Council may in its discretion grant or refuse said permit based upon the peace, health, safety, morals or welfare, and as provided in this Article.
The application for any permit to be issued by the Director of Finance hereunder shall be signed and verified by the applicant and shall set forth the following:
A.
The name and address of the applicant.
B.
The name and address of the person by whom employed, if any. If filed in behalf of a partnership, corporation or association, the names and addresses of the partners, or the principal officers of such corporation or association.
C.
The nature of the business for which a permit is requested.
D.
The place where such business is to be conducted.
E.
A brief description of the nature and amount of equipment to be used in such business.
F.
The personal description of the applicant.
G.
Evidence of the identity of the applicant of such character as the Council or Director of Finance, as the case may be, may require.
H.
Fingerprints and thumbprints of applicant only when specifically required.
The fee for filing an application for a permit to be issued by the Director of Finance shall be Ten Dollars ($10.00) payable in advance. The license fee prescribed by this Article including the permit fee shall accompany the application.
Any permit authorized to be issued by the Director of Finance hereunder shall be renewed annually on or before July 1st of each year. Said permit may be renewed by the Director of Finance provided he has received a favorable report therefor from the Chief of Police or law enforcement or other appropriate investigating agency. The purpose of the annual renewal herein contained is to determine compliance with the provisions of this Article and the terms and conditions of a permit issued under this Article.
Any permit issued by the Director of Finance pursuant to the provisions of this Chapter may be revoked or suspended at any time hereafter in the same manner in accordance with the same procedure, hearing and notice specified in Chapter 3.
No permit issued under this Chapter shall be transferable except by the consent of the Council.
Such permit shall be posted in a conspicuous place on the premises, where the business for which such permit is issued is conducted, and shall remain so posted during the period the permit shall be in force.
[Amended by Ord. 83-12; Ord. 86-13; 12-9-2025 by Ord. No. 2025-5]
It shall be unlawful to conduct the following businesses without having a permit to conduct the same issued by the Director of Finance pursuant to the provisions of this Article. Said businesses, professions and trades requiring a permit from the Director of Finance are as follows:
A.
Advertising by Sound Truck.
A-1.
Alarm Systems.
1.
Definition. Except as otherwise indicated in this Section the definition of alarm system and related facilities are those definitions set forth in Section 4601 of this Code.
2.
It shall be unlawful for any person to use, install or cause to be installed an alarm system on any premises within the City of Lakewood without having obtained an Alarm System Permit. A separate Alarm System Permit shall be required for each premises on which the alarm system is used or installed.
3.
The application shall be on the form provided by the Director of Finance. All applications shall be submitted by the applicant under penalty of perjury. Applications for Alarm System Permits shall be accompanied by a non-refundable fee computed by the Director of Finance to cover actual estimated costs.
4.
The Director of Finance shall refer the application to the law enforcement agency to determine all conditions necessary for the administration and operation of the alarm system within the City. Said conditions shall be set forth in the permit.
5.
Whenever a change occurs relating to the written information required on the permit application, the permittee shall give written notice to the Director of Finance within five (5) days. Any change in persons to be contacted, or persons responsible for the repair and servicing of the alarm system shall be given by the permittee to the Director of Finance as soon as possible and in no event later than five (5) days.
6.
In addition to any other provision contained in this chapter for the suspension or revocation of permits, any alarm system permit may be revoked for any of the following reasons:
(a)
For failure to observe any of the regulations or other provisions of this Code pertaining to alarm systems.
(b)
For failure to comply with any of the terms and provisions of said permit.
(c)
Where the permit hearing board pursuant to hearing as provided in this chapter determines that an alarm system at a specific location is a nuisance. An alarm system at a specific location is a nuisance if such system actuates excessive false alarms. It is hereby found and determined that four false burglary alarms within any three consecutive calendar month periods is excessive and thereby constitutes a public nuisance. The permit hearing board shall not consider any false alarm in its computation of nuisance alarms if such false alarm was generated by an earthquake or violent wind or other act of God and was not the result of the negligence of the alarm user or his agents or employees, or a defect in the alarm system.
B.
Ambulances.
1. AMBULANCE OPERATOR
Definition.
Means any person who for any monetary or other consideration, or as an incident to any other occupation, and not pursuant to any contract with the City or County, transports in one or more ambulances one or more persons from any location in the City to any hospital, or other place giving first aid or medical treatment, regardless of the location of such hospital or other place.
2.
Definition - Exception. The words "ambulance operator" do not include a person who maintains ambulances for the use of his own employees in connection with the operation by such person of a plant hospital or first aid station for such employees.
3.
Permit. The Director of Finance shall not issue a permit to any ambulance operator unless the applicant first files with the Director a policy of liability insurance on such ambulances and services provided by the Ambulance Operator. The minimum amount of coverage for such policy or policies of insurance shall be, but are not limited to, comprehensive general liability, comprehensive automobile liability, and professional or incidental malpractice liability with a combined single limit of not less than One Million Dollars per occurrence. Such liability insurance shall be primary in all instances, and shall name the City of Lakewood as an additional insured. In those instances where the City Council has found and determined that the aforementioned coverage is not available economically to the ambulance operator the Director of Finance may issue a permit for the coverages less than the foregoing but in compliance with the findings and determinations of the City Council.
4.
Insurance - Cancellation. The insurance policy required before an ambulance license is issued shall not provide for the cancellation thereof unless it provides that not less than thirty days' written notice of such cancellation shall first be given to the City Clerk.
5.
Rebates. An ambulance operator shall not give directly or indirectly, or cause to be given, any rebates, commissions, reserve rebates, or any reduced rates or cash discounts to any person or persons, or groups of any nature except as provided herein.
6.
Rates - General. An ambulance operator shall charge no more, nor less, as established, and in accordance with the most recent resolution of the City Council.
7.
(Reserved)
8.
(Reserved)
9.
Capping Prohibited. No ambulance operator or agent or employee thereof shall act as a runner or capper in violation of § 6152 of the Business and Professions Code of the State of California.
10.
In addition to the ground stated in Chapter 3 the Board or Council, as the case may be, after hearing as provided therein may suspend or revoke any ambulance permit granted hereunder if it finds that any such permittee, his agent or employee, general manager or person who is exercising managerial authority of or on behalf of the permittee or any combination of such persons has been convicted of violating § 6152 of the California Business and Professions Code.
C.
Auto Wreckers.
1. AUTO WRECKER
Definition.
Means every person who buys any motor vehicle as the term "motor vehicle" is defined in the State Vehicle Code for the purpose of dismantling or disassembling or who dismantles or disassembles any such motor vehicle whether for the purpose of dealing in any of the parts thereof or using the same for the purpose of reconditioning any other vehicle or for the purpose of selling or otherwise dealing in materials of such motor vehicles.
2.
Records. Every auto wrecker shall keep records upon forms prescribed by the Sheriff and made and given in the manner prescribed by the Sheriff of the required information relative to automobiles wrecked, dismantled, purchased, pledged or consigned.
D.
Cafe, Food Establishment, Public Eating Place, or Hawker.
1.
Health Permit. The Director of Finance shall not issue a permit to any cafe, food establishment, public eating place or hawker unless said business has and maintains in full force and effect a health permit from the Health Officer.
2.
Application Fee. Each applicant for a health permit, in addition, shall file with the Director of Finance an application for a permit to maintain said business and shall pay in connection with said application a fee often dollars ($10.00) payable in advance. The application filed with the Director of Finance shall meet all the terms and requirements of this Chapter and shall contain any additional information required by the health officer.
3.
Permit. The application shall thereafter be referred to the health officer and if the health officer approves issuance of the permit, the Director of Finance shall upon payment of the business license fee as required in this Code issue a permit to said applicant. Where the applicant has a valid unexpired County health license the Director of Finance and health officer may agree, if they find that the public health will be protected, to accept that license in lieu of the aforementioned application and permit.
E.
Fowl and Rabbit.
1.
Fowl and rabbit as used herein includes chickens, turkeys, ducks and geese and pertains to live fowl and rabbits.
2.
No person shall maintain or offer for sale or sell any fowl or rabbit without having first received a valid unexpired permit to do so pursuant to the terms and provisions of this Article. No permit shall be issued unless said applicant has received and keeps in effect a valid permit from the Health Officer for the conducting of said business. This Subsection does not apply to breeders, pet stores, poultry shops or farmers.
F.
Guard.
1.
Application. In lieu of the application fee required by Section 6301 each applicant for a Guard shall pay a five dollar ($5.00) application fee in advance.
2.
Processing. All such applications shall be forwarded to the Chief of Police for a report and recommendation. If the Chief of Police recommends that the permit be denied the Director of Finance must deny issuance of such a permit.
3.
Business License. No business license shall be required of a Guard where employed by an employer who is licensed under this Article.
G.
Heliport.
1.
Permit Fee. In lieu of the permit fee required by Section 6301 each applicant for a Heliport shall pay an application fee of Thirty Dollars ($30.00) in advance annually.
2.
Zoning Clearance. No permit shall be issued by the Director of Finance until zoning clearance has been issued in accordance with the terms and provisions of this Code.
3.
Term. Such permit shall continue for a term of one year, and shall be subject to annual inspection and renewal as provided in this Article.
H.
Laundromat.
I.
Locksmith.
1.
Locksmith Business Defined. "Locksmith business" means the business, trade or occupation of making, fashioning, or duplicating keys for locks or similar devices, or constructing, reconstructing, or repairing or adjusting locks, or opening or closing locks for others by mechanical means other than the regular keys furnished for that purpose by the manufacturer of the locks.
2.
Information. Every application for a locksmith permit may contain such additional information as the Director of Finance shall deem necessary. The Director of Finance shall consult from time to time with the Chief of Police concerning the additional information necessary for said application.
3.
Processing. All such applications shall be forwarded to the Chief of Police for a report and recommendation. If the Chief of Police recommends that the permit be denied, the Director of Finance must deny the issuance of said permit.
J.
Solicitors, Peddlers and Distributors of Commercial Handbills.
1.
Permit. All solicitors or peddlers, except commercial travelers or other persons selling or soliciting, or peddling goods, wares, merchandise or services to commercial or business houses or establishments, professional or business offices, or industrial or manufacturing offices, businesses or plants or yards shall before so soliciting or peddling have a valid unexpired permit to do so issued by the Director of Finance as provided in this Article. All distributors of commercial handbills shall have before so distributing commercial handbills a valid unexpired permit to do so issued by the Director of Finance as provided in this Article.
2.
Application. In addition to the requirements set forth in Chapter 3, the applicant shall set forth the following:
(a)
Name and permanent home address of each solicitor.
(b)
Length of time for which right to do business is desired.
(c)
The name and address of the employer or the person, firm or corporation for whom said solicitor is performing his services.
(d)
The name and address of the person, firm or corporation where further development, consummation or completion of the services performed by said solicitor will be done, the proposed method of delivery to the purchaser or consumer, and the length of time within which the delivery will be made.
(e)
The nature of the type of soliciting to be performed. In other words, whether said soliciting is for the sale of goods, and, if so, the general description of the type of goods to be sold; or, whether the soliciting is for the sale of services to be performed in the future, and, if so, the type of services sought to be sold, and the time and place for possible future performance.
(f)
Two photographs of the applicant taken within 60 days immediately prior to the filing of the application, which pictures shall be 2" x 2" showing the head and shoulders in a clear and distinguishing manner.
3.
Application Fee. Every person filing an application for a solicitor's, peddler's, or distributor's permit under this subsection shall file with said application a fee in such sum as determined by the Director of Finance, not to exceed $10 per application, which shall not be refundable under any circumstances. This fee is in addition to the license fee required by Chapter 5. The purpose of the application fee is to help defer the cost of the investigation of the applicant. The fee herein provided is required notwithstanding any other provisions of this Article to the contrary. Schools and nonprofit organizations shall be exempt from paying any fee to obtain a permit as required in this section for soliciting or distributing handbills for the purpose of fundraising or other activity directly related to the purpose of the organization.
4.
Permit. Each permit shall show the name and address of each solicitor permittee and have attached thereto a picture of said permittee in addition to other matters which business permits require to show pursuant to the provisions of the Code.
5.
Unlawful Activity. It is unlawful for any person within the City of Lakewood to engage in the activity of soliciting, peddling, or distributing commercial handbills as defined in this Code unless said person has a valid permit to do so in accordance with the terms and provisions of this chapter and said person has upon his person or with him an identification card showing the existence of such a valid permit. It is unlawful for any such person to fail or refuse to show said identification card upon demand for display of the same by any law enforcement agent of the City of Lakewood or by any person when said solicitor, peddler or distributor of commercial handbills is performing the acts herein subject to permit upon any private premises as herein defined.
6.
Prohibited Hours and Days. It is unlawful for any person to solicit, peddle or distribute handbills between the hours of 7:00 p.m. and 8:00 a.m., Monday through Saturday, and anytime on Sunday and holidays.
7.
Obedience to Signs. No person shall solicit or peddle upon any private premises if requested by anyone thereon not to do so, or if there is placed on said premises in a conspicuous place near the entrance thereof a sign bearing the words "No Trespassing," “No Soliciting,” "No Peddlers or Agents," "No Advertisement," or any similar notice, indicating in any manner that the occupants of said premises do not desire to be molested or have their right of privacy disturbed.
8.
Request to Leave. It is unlawful for any person to offer for sale, demonstrate, attempt to sell, or to solicit or attempt to solicit orders for goods, wares or merchandise of any kind or character, or any article, material or substances, or any services, at or in any residence, dwelling, flat or apartment after having been requested to cease such attempts or refuse to leave such residence, dwelling, flat or apartment by any resident of such premises.
K.
Taxicab Driver.
1. TAXICAB DRIVER
Definition.
Means an individual who drives or operates a taxicab in which passengers are solicited or accepts for hire either at a taxicab stand or elsewhere in the City.
2.
Permit Required. Every taxicab driver who drives a taxicab for which a taxicab operator's permit or auxiliary permit is required or has been issued shall first obtain from the Director of Finance a taxicab driver's permit.
3.
Application. Each taxicab driver shall file with the Director of Finance an application which shall contain in addition to those items required by Chapter 3 two photographs of the applicant.
4.
Processing by Director of Finance. The application shall be forwarded by the Director of Finance to the Chief of Police and the Chief of Police shall make a report or recommendation to the Director of Finance pertaining to the issuance of said permit.
5.
Issuance of Permit. If the Chief of Police approves said application, the Director of Finance shall issue to the applicant a taxicab driver's license which shall be in the form of a card containing the price of the license and the licensee's name, photograph and right index fingerprint. Such permit shall be good for the year for which issued.
L.
Towing Service.
1.
Purposes. The public health, safety and welfare require that hazards to vehicular movement and traffic safety be removed from city streets as soon as it is possible to do so. In order to insure the efficient removal of a vehicle which is a hazard to traffic, and to provide a dependable towing service to the public, it is necessary to establish minimum standards for vehicle towing services.
2.
In this Section, unless the context otherwise requires, the following definitions are applicable.
(a) ATTENDANT
Is an employee of an operator qualified by knowledge and experience to operate a tow car or tow truck.
(c) ROTATION LIST
Is a list maintained by the Police Department of operators who comply with this ordinance and from which the Police Department will make calls for towing services on a sequential basis.
(d) TOW TRUCK
Means a motor vehicle altered or designed and equipped for, and exclusively used in, the business of towing vehicles by means of a crane, tow bar, tow line or dolly, or is otherwise used to give assistance to other vehicles.
(e) TOWING SERVICE
Is the business of towing motor vehicles.
3.
This Section applies to each towing service that responds to a request for service made through the Law Enforcement Agency or Police Department of the City of Lakewood, irrespective of where the request originated.
4.
Each operator and driver of a towing service shall maintain in full force and effect a permit issued by the Director of Finance in accordance with the terms and provisions of this Section and Chapter 3.
5.
Each towing service required to have a permit hereunder shall supply the Director of Finance with a current list of drivers authorized to operate the towing trucks of said service. Any permit issued for a towing truck service may be revoked or suspended upon a finding or determination that the operator's said towing service employs a driver who within the preceding 36 months of the date of his service with the operator has been convicted of one of the following crimes:
(a)
Auto theft, burglary, possession of stolen property, grand or petty theft.
(b)
A crime involving violence on the person of another.
(c)
A violation of the Health and Safety Code relating to narcotics or dangerous drugs.
(f)
A crime relating to illegal acquisition of vehicle or vehicle parts or documents relating to vehicle registration or ownership.
6.
All towing trucks of each permittee shall be marked pursuant to §27907 of the California Vehicle Code and shall contain therein or thereon appropriate decal, stamp, permit or license issued by the Director of Finance indicating a current permit is in existence.
7.
In addition to the grounds stated in Chapter 3 the Board or Council as the case may be, after a hearing as provided in Chapter 3, may suspend or revoke any permit under this Section on a finding that said permittee, his agent or employee, general manager, or person who is exercising managerial authority of or on behalf of the permittee has been convicted of violating Section 6152 of the California Business and Professions Code.
[Added by Ord. 2005-5]
It shall be unlawful for any person or organization to conduct a carnival without first obtaining a carnival permit from the Permit Hearing Board. Only schools and churches shall be entitled to apply for and obtain carnival permits, and carnivals shall not be permitted except on school or church property. Not more than 180 days nor less than 90 days before the intended starting date of a carnival, an applicant for a carnival permit shall submit an application on a form to be obtained from the Finance Department, which application shall include the following information for the carnival, as well as such additional information as may be deemed necessary by the Director of Finance:
A.
The name, address and telephone number of the applicant.
B.
The name, address and telephone number of the event coordinator.
C.
The name, address and telephone number of the carnival operator.
D.
The name, address and telephone number of the carnival operator's designated contact person.
E.
The requested dates and hours of operation.
F.
The anticipated attendance.
G.
The number and a description of the rides, game booths, food booths, beer garden and other carnival features.
H.
A site plan, including the location of all carnival features set forth in (G) above.
Any person or organization obtaining a carnival permit shall also be required to obtain all other necessary permits and approvals, including but not limited to electrical, ride inspection, bingo, ABC and County Health Department, and shall also comply fully with the "Extraordinary Law Enforcement" provisions set forth in this Code beginning at Section 4600, before commencing carnival operations. |
Unless the person or organization obtains a waiver from the following prohibitions from the License and Permit Hearing Board as to a specific individual, it shall be unlawful for any person or organization conducting a carnival to employ any person to work at such carnival who has been convicted of any felony, or any misdemeanor which constitutes a violent crime, or who is required to register as a sex offender pursuant to Section 290 of the California Penal Code. Persons working at a carnival shall be subject to spot checks by law enforcement personnel, and shall produce identification promptly when asked to do so by law enforcement personnel. |