This chapter shall be known, and may be cited, as the "business regulation ordinance."
(Ord. 898 § 2, 1990)
The purpose of this chapter is to protect the public health, welfare and safety by:
(A)
Providing adequate information regarding the ownership and operation of businesses within the City and facilitating contact between the City and those businesses.
(B)
Regulating the operation of certain enumerated businesses to ensure that such operation does not adversely affect the general welfare.
(C)
Providing for a healthy and stable business community within the City's boundaries.
(D)
Collecting statistical information regarding businesses within the City's boundaries.
(E)
Monitoring sales tax registration and compliance.
(Ord. 898 § 2, 1990)
This chapter shall apply to all businesses engaged in the activities listed in PMC § 5.04.150. The provisions in this article constitute general requirements applicable to all such businesses. In the event of any conflict between the provisions contained in Article II and this article, the provisions contained in Article II shall control.
(Ord. 898 § 2, 1990; Ord. 1090 § 4, 1997)
For the purpose of this chapter, the following terms shall have the following meanings:
(A) "Adult-oriented businesses"
means any of the uses defined in PMC § 5.04.400(B).
(B) "Agent" or "agency"
means a person who acts for, on behalf of, or in the place of another person.
(C) "Agency review" or "departmental review"
means that process by which business permit applications are reviewed by designated City departments to determine whether the operation of a particular business will conform to the requirements of this chapter.
(D) "Business"
means an establishment engaged in one or more commercial or mercantile activities for the purpose of earning, in whole or in part, a profit or livelihood whether or not a profit or livelihood is actually earned thereby.
(E) "Business activity"
means a commercial or mercantile activity, together with all devices, machines, articles, and appurtenances used therein, which is conducted for the purpose of earning, in whole or in part, a profit or livelihood whether or not a profit or livelihood is actually earned thereby.
(F) "Director"
means the Director of Economic and Community Development, or his/her/their designee, unless otherwise specified.
(G) "Home occupation"
means any activity carried out for gain by a resident of a dwelling conducted as a lawful accessory use in the resident's dwelling unit.
(H) "Permittee"
means any person holding a permit to operate a business within the City.
(I) "Person"
means any individual, partnership, corporation, or joint venture which conducts or purports to conduct a business activity within the City.
(J) "Commence"
means and includes to begin, initiate, start, open or establish.
(L) "Employee"
means any person engaged in the operation or conduct of any business in the City, whether as an owner, a member of the owner's family, or as a partner, agent, manager, solicitor, apprentice, trainee, or any other category of person employed or working in such business.
(M) "Permit"
means the certificate issued by the Director or by the City Council, as may be appropriate, as a prerequisite to operating a business pursuant to this chapter.
(N) "Sexually oriented business"(1) (2) (3)
shall mean any one of the following:
Any business wherein the preponderant business is the offering of services, materials, goods, and/or products which are characterized by an emphasis on matter depicting, describing, or in relation to "nude" or "semi-nude" persons or "specified sexual activities," as defined in PMC § 17.92.010 (Adult-oriented businesses), for observation by patrons therein. Such businesses shall include, but not be limited to, an adult bookstore, adult video store, picture arcade showing adult entertainment pictures, adult motion picture theater, or other similar businesses; or
Any business which utilizes or encourages sexual arousal, sexual gratification, and/or sexual stimulation of a customer or prospective customer in connection with the sale or offering for sale of services, goods, or materials. Such business shall include, but not be limited to, Turkish bath, "nude" or "semi-nude" modeling studio, business using "nude" or "semi-nude" models in offering lingerie or intimate apparel for sale, sexual catharsis center, sexual encounter establishment, bondage or discipline parlor, escort bureau and introductory services, or other similar businesses; or
Any business, having as a portion of its goods for sale, products which replicate or are designed to simulate "specified anatomical areas," as defined in PMC § 17.92.010 (Adult-oriented businesses), to cause sexual excitement thereof. Such business shall include, but not be limited to, a sexual novelty store or other similar businesses.
This definition of adult business does not apply, nor shall it be interpreted to apply, to any business conducted, operated by or employing licensed chiropractors, licensed physicians, licensed physical therapists, licensed psychologists, licensed social workers or licensed marriage family counselors when performing functions under or pursuant to their respective licenses. "Sexually oriented business" shall mean the same as an adult-oriented business. |
(Ord. 898 § 2, 1990; Ord. 915 § 1, 1991; Ord. 1090 § 5, 1997; Ord. 1120 §§ 4, 5, 1998; Ord. 1612 §§ 4 – 6, 2024)
(A)
Generally. It is unlawful for any person to commence or conduct or purport to commence or conduct, either directly or indirectly, any business activity in the City without first having procured a business permit, where required, and paying the required fees therefor.
(B)
When Permit Required. All business activities listed in PMC § 5.04.150 shall be authorized by a business permit issued pursuant to this chapter.
(C)
Advertising Businesses. No person shall advertise or announce a business activity located in the City until a business permit has first been obtained as required by this chapter. Advertising or announcing includes, but is not limited to, disseminating pamphlets or handbills, publishing newspaper announcements, and purchasing radio or television commercials.
(Ord. 898 § 2, 1990; Ord. 1612 § 7, 2024)
Except as otherwise provided in this chapter, all business permits shall be issued for one year and shall be renewed annually.
(Ord. 898 § 2, 1990)
A business permit may be issued to a person operating under a fictitious business name who has complied with all of the applicable provisions of the Business and Professions Code of this state. Otherwise, all permits shall be issued in the true name of the individual, or individuals, applying for a permit, and must appear as such on the application for a permit.
(Ord. 898 § 2, 1990)
No business permit issued under the provisions of this chapter shall be construed as authorizing any business activity which is prohibited under the laws of the United States, the federal and state Constitutions, this code or any applicable law, ordinance, rule or regulation. Any such business permit shall be void.
(Ord. 898 § 2, 1990)
A permittee shall report to the Director the loss of any business permit, whether in the form of a sticker, tag, card, paper, or otherwise. The Director shall issue to the permittee a duplicate permit and cancel the lost permit upon the payment of the prescribed fee established by resolution of the City Council.
(Ord. 898 § 2, 1990)
(A)
Posting. Every person required to have a business permit pursuant to the provisions of this chapter and who conducts, manages or carries on a business activity at a fixed location shall keep such permit posted in a conspicuous place in the place of business.
(B)
Carrying. Every person required to have a business permit pursuant to the provisions of this chapter and who does not have a fixed place of business shall carry such permit at all times when conducting the business activity for which such permit was issued.
(C)
Presentation on Demand. Every person required to have a business permit pursuant to the provisions of this chapter shall produce the permit when requested by any City official who is authorized to issue or collect permit fees, or who is authorized to conduct inspections or otherwise enforce the provisions of this chapter or of this code.
(Ord. 898 § 2, 1990)
No person required by this chapter to pay permit fees shall be relieved from the payment of any applicable license or regulatory fees or from compliance with any regulations required by any other provisions of this code.
(Ord. 898 § 2, 1990)
Business permit fees shall be established by resolution of the City Council.
(Ord. 898 § 2, 1990)
(A)
Generally. Except as otherwise provided for in this chapter, every person commencing or conducting, or purporting to commence or conduct, any business activity required to be permitted pursuant to this chapter shall file an application for a business permit and pay the required fees therefor. Applications for business permits shall be provided by the City.
(B)
Application Deadlines. Every person engaging in or operating a regulated business activity on the effective date of the ordinance codified in this chapter shall apply for a business permit no later than December 31, 1990. Every person commencing or purporting to commence a business activity after the effective date of the ordinance codified in this chapter shall apply for a business permit by December 31, 1990, or not less than 30 days prior to commencing the business activity, whichever is later. The required fees shall be paid at the time the business permit application is submitted.
(C)
Submission of Applications. The Director shall determine whether an application is complete. If an application is determined to be complete, the application shall be accepted. If it is determined that the application is incomplete, the applicant shall be notified of what information is necessary to complete the application. An application shall not be considered filed unless it has been determined to be complete.
(Ord. 898 § 2, 1990)
(A)
The application for a business permit shall be signed by an individual applicant or a sole-proprietorship applicant, or by an authorized signatory for a partnership or corporate applicant. The application shall contain the following information, to the extent applicable:
(1)
The full name and address of the applicant.
(a)
If the applicant is an individual or sole proprietorship, the name and residence address of the individual applicant or of the individual conducting the sole proprietorship shall be set forth.
(b)
If the applicant is a partnership, the name and residence address of each general partner shall be set forth. If one or more of the general partners is a corporation, the provisions of subsection (A)(1)(c) of this section pertaining to a corporate applicant shall apply to each corporate general partner.
(c)
If the applicant is a corporation, the name shall be set forth as it appears in the articles of incorporation, and the address set forth shall be the principal executive office for the conduct of business in the state or if none, the principal executive office in the applicant's state of incorporation. If the capital stock of the corporate applicant is not publicly traded, the additional information set forth below shall also be provided:
(i)
The name and residence address of each director of the corporation,
(ii)
The name and residence address of each executive officer of the corporation, i.e., president, vice president, secretary, treasurer, etc.,
(iii)
The name and residence address of each shareholder owning 10 percent or more of the outstanding capital stock of the corporation,
(iv)
The name and business address of the person designated by the corporation to accept service of process in the state.
(2)
The true address of the intended business. A person may not use a post office box, mailbox, message service or other similar device as the true address of the business for purposes of this chapter. A post office box, mailbox, message service or other similar device may be used as the mailing address of the business for business purposes only.
(3)
A description of the facility proposed to house the intended business activity.
(4)
A full description of the intended business activity and, if a new business, the estimated starting date of such business activity.
(5)
If the business is advertised to the public and operates under a name other than the name of the applicant, such other name or designation shall also be included.
(6)
The names, addresses and telephone numbers of at least two individuals who may be contacted by the City in case of an emergency.
(7)
With regard to each of the individuals required to be identified by name and address as specified in subsection (A)(1) of this section, the applicant shall describe in narrative form the details of any of the following events that occurred during the previous five years:
(a)
Such individual was convicted in a criminal proceeding or is a named subject of a pending criminal proceeding (excluding traffic violations and infractions).
(b)
Such individual, or any partnership or corporate entity with which such individual was affiliated as a partner, officer, director, or as a shareholder owning 10 percent or more of the outstanding capital stock, was the subject of any order, judgment or decree, not subsequently reversed, suspended or vacated, or any court of competent jurisdiction, permanently or temporarily enjoining or otherwise limiting such individual or entity from engaging in or continuing any conduct or practice in connection with the operation of this type of business activity, or a substantially similar business activity.
(c)
Such individual, or any partnership or corporate entity with which such individual was affiliated as a partner, officer, director, or as a shareholder owning 10 percent or more of the outstanding capital stock, in previously operating or engaging in the operation of this type of business activity, or a substantially similar business activity, in this or any other city or state, under license or permit, has such license or permit denied, revoked or suspended.
(B)
The application for a business permit shall also contain such additional information as may be required by this chapter in connection with the specific business activity for which a permit is requested, or which the Director may deem to be necessary and appropriate for the purpose of evaluating the ability and willingness of the applicant to comply with all regulatory conditions and restrictions imposed by this chapter and to thereby protect the health, safety and general welfare of the community.
(Ord. 898 § 2, 1990; Ord. U-919 § 1, 1991; Ord. 919 § 1, 1991)
(A)
No person shall commence, conduct or purport to commence or conduct the following business activities without a valid business permit:
(Ord. 898 § 2, 1990; Ord. 909 § 1, 1991; Ord. U-919 § 1, 1991; Ord. 919 § 2, 1991; Ord. 1026 § 1, 1993; Ord. U-1030 § 1, 1993; Ord. 1090 § 6, 1997; Ord. 1108 § 2(a), 1997; Ord. U-1117 § 4, 1997; Ord. 1117 § 4, 1997; Ord. 1384 § 8, 2010; Ord. 1606 § 3, 2023; Ord. 1612 §§ 8, 9, 2024)
An applicant may be required to provide a set of his or her fingerprints and/or proffer photographic identification, as defined in PMC § 1.04.100, in connection with an application for a particular business permit.
(Ord. 898 § 2, 1990; Ord. 1090 § 7, 1997; Ord. 1317 § 1, 2007)
(A)
Responsibility. The responsibility for approving business permit applications shall be as follows:
(1)
Business Permit Applications Which Do Not Require Hearings. These business permit applications shall be subject to the approval of the Director as the reviewing authority. Any person may appeal the Director's decision on the application in a manner consistent with the requirements of PMC § 5.04.280 (Hearing to contest modification, suspension, or revocation – Initiation of hearing), et seq. The timely filing of an appeal shall entitle the aggrieved party to a hearing.
(B)
Preconditions to Approval. Before any business permit is issued, the reviewing authority shall ensure that the applicant has agreed to abide by all the conditions and restrictions imposed by this chapter on the particular business involved.
(Ord. 898 § 2, 1990; Ord. 1612 § 10, 2024)
(A)
Generally. Once a completed application is filed, and the applicant has paid the prescribed business permit fee, the Director shall initiate an investigation of facts relating to the business permit application with appropriate City and County departments and agencies. This review process shall ensure that the action on each business permit application is consistent with the intent and purpose of this chapter.
(B)
First Amendment Activities. In the case of businesses involved primarily in First Amendment activities, this review process shall be completed within 45 days, and the Director's or City Council's decision approving or denying the business permit shall be made within the 45-day period, unless a longer period is approved by the applicant.
(Ord. 898 § 2, 1990; Ord. U-919 § 1, 1991; Ord. 919 § 3, 1991)
(A)
The information disclosed by an applicant for a business permit pursuant to PMC § 5.04.140(A)(7) shall be reviewed and considered by the Director or the City Council, as applicable, in evaluating the ability and willingness of the applicant to comply with all regulatory conditions and restrictions imposed by this chapter on the specific business for which a permit is requested and to thereby protect the health, safety and general welfare of the community.
(B)
In no event shall a prior criminal record, whether considered alone or in conjunction with prior injunctive relief or the prior denial, revocation or suspension of a business license or permit, constitute the sole basis or justification for the denial of a business permit unless the Director or the City Council, as applicable, after reviewing and considering all relevant facts and circumstances, finds and determines as follows:
(1)
That, with regard to a proposed business activity primarily involving First Amendment activities, the issuance of the permit would constitute a clear and present danger of a serious substantive evil; or
(2)
That, with regard to a proposed business activity not involving First Amendment activities, the applicant's prior criminal record includes one or more convictions for a crime involving moral turpitude which is substantially related to the business activity for which the permit is requested and, when considered alone or in conjunction with prior injunctive relief or the prior denial, revocation or suspension of a business license or permit, the issuance of the permit would be detrimental to the health, safety and general welfare of the community.
(C)
Whenever the City Council, whether upon an appeal from a determination by the Director or in the course of any hearing required by this chapter to be conducted by the City Council, determines that it is necessary to discuss and determine whether an applicant for a business permit or business permit renewal, which applicant, or any individual affiliated with a partnership or corporate applicant as a partner, officer, director, or as a shareholder owning 10 percent or more of the outstanding capital stock, has a criminal record, is sufficiently rehabilitated to obtain the business permit, the City Council may hold a closed session with the applicant and the applicant's attorney, if any, for the purpose of holding the discussion and making the determination. Such closed session shall be held pursuant to Section 54956.7 of the Government Code, as it now exists or is hereafter amended.
(Ord. U-919 § 1, 1991; Ord. 919 § 4, 1991)
(Ord. 898 § 2, 1990; Ord. 1090 § 8, 1997; Ord. 1605 § 9, 2023; Ord. 1606 § 4, 2023)
(A)
Business Activities Involving First Amendment Activities. Neither the Director nor the City Council shall approve an application for a business permit for a business activity primarily involving First Amendment activities if any of the following findings are made:
(1)
The building, structure, premises, or the equipment used to conduct the business activity fails to comply with all applicable health, zoning, fire, building and safety, or nuisance prevention laws of the State or of the City or there are fees, fines, taxes, or other amounts owing the City in connection with the business activity including the building, structure, premises, or the equipment used to conduct the business activity; provided, however, that this Subsection shall not be construed to require that the applicant actually be in compliance with such laws or have paid such amounts at the time set for review and approval. The Director or the City Council, as applicable, may approve a business permit and condition its operative date upon the later submission by the applicant to the Director of a certificate of occupancy issued by the Division of Building and Safety or other satisfactory evidence that the business activity is then in compliance with all such applicable laws or proof of payment of such amounts;
(2)
The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for the business permit or in any report or statement required to be filed with the Director or the City Council;
(3)
The business is prohibited by any local or state law, statute, rule or regulation, or is prohibited in the particular location or zone by any law, statute, rule, or regulation; or
(B)
Business Activities Not Involving First Amendment Activities. Neither the Director nor the City Council shall approve an application for a business permit for a business activity not primarily involving First Amendment activities if any of the following findings are made:
(1)
The building, structure, premises, or the equipment used to conduct the business activity fails to comply with all applicable health, zoning, fire, building and safety, or nuisance prevention laws of the State or of the City or there are fees, fines, taxes, or other amounts owing the City in connection with the business activity including the building, structure, premises, or the equipment used to conduct the business activity; provided, however, that this Subsection shall not be construed to require that the applicant actually be in compliance with such laws or have paid such amounts at the time set for review and approval. The Director or the City Council, as applicable, may approve a business permit and condition its operative date upon the later submission by the applicant to the Director of a certificate of occupancy issued by the Division of Building and Safety or other satisfactory evidence that the business activity is then in compliance with all such applicable laws or proof of payment of such amounts;
(2)
The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for the business permit or in any report or statement required to be filed with the Director or the City Council;
(3)
The business is prohibited by any local or state law, statute, rule or regulation, or is prohibited in the particular location or zone by any law, statute, rule, or regulation;
(Ord. 898 § 2, 1990; Ord. U-919 § 1, 1991; Ord. 919 § 5, 1991; Ord. 1408 § 4, 2010; Ord. 1605 §§ 35, 36, 2023; Ord. 1612 §§ 11, 12, 2024)
(A)
Limitation on New Applications. If an applicant's business permit application for a particular business activity has been denied, the Director shall not process a new application by that applicant for that business activity for a 12-month period after the denial unless the Director determines that the reason for the denial has been cured and no longer exists.
(Ord. 898 § 2, 1990; Ord. 1612 § 13, 2024)
When any person is engaged at one location in more than one business activity for which a business permit is required, such person shall be deemed to be conducting each business activity separate and apart from any other business activity. The total fees for all business activities shall be determined by reference to the fee schedule established by resolution of the City Council, as authorized by PMC § 5.04.120.
(Ord. 898 § 2, 1990)
(A)
Generally. The operative date for a business permit shall be the date of approval of the application by the Director or the City Council.
(B)
Duration. The operative date for a business permit is as follows:
(1)
Business permits are valid for a period not to exceed 15 months and will be issued on a quarterly basis. Therefore, business permits issued between January 1st and March 31st are valid through March 31st of the following year; business permits issued between April 1st and June 30th are valid through June 30th of the following year; business permits issued between July 1st and September 30th are valid through September 30th of the following year; and business permits issued between October 1st and December 31st are valid through December 31st of the following year.
(Ord. 898 § 2, 1990; Ord. 1090 § 9, 1997)
(Ord. 898 § 2, 1990; Ord. U-1030 § 2, 1993; Ord. 1605 § 10, 2023; Ord. 1612 § 14, 2024)
(A)
Generally. Except as otherwise provided in subsection (E) of this section, when an applicant timely submits a business permit renewal application, the Director shall renew the permit effective upon the expiration of the prior permit.
(B)
Renewal Application Deadlines. Every person desiring to continue in business after the expiration of the permit period shall file an application for renewal not less than 30 days prior to the expiration of the permit period. In the case of a business activity having a fixed location, a permit for a different location is not a renewal and is deemed a new application.
(C)
Late Applications – Before Expiration. The Director may accept an application for renewal after the time specified in subsection (B) of this section if it is filed before the expiration of the prior permit. The filing of such late application shall give the applicant no greater rights than upon the filing of an application for an original permit.
(D)
Late Application – After Expiration.
(1)
Except as otherwise provided in this section, the Director shall not accept a renewal application for a permit which has expired, or which for any other reason is not in full force and effect. The applicant may apply for a new permit if not prohibited from doing so by any other provision of this chapter, and such application shall be accompanied by the required fee for a new permit.
(2)
The Director may accept an application for a renewal after the time specified in subsection (B) of this section if it is filed not later than 60 days after the expiration of the prior permit and if the Director finds good cause as to why the application was not filed before the expiration of the permit period. When an application is submitted pursuant to this subsection the fee shall be the renewal fee plus 25 percent thereof. Such application shall give the applicant no greater rights than upon the filing of an application for an original permit.
(E)
Denial of Permit Renewal. If the City has received notice of any of the following upon the filing of any permit renewal application, the application for renewal may be denied, subject to the permittee's right to appeal as provided for in PMC § 5.04.280 (Hearing to contest modification, suspension, or revocation – Initiation of hearing), et seq.:
(2)
A significant change in operation of any permitted business which may involve noncompliance with City, County, or State regulations or laws;
(3)
One of the departments or officers performing a review of the permit renewal application has recommended denial of, or the imposition of additional conditions upon, such permit;
(4)
If the City finds that the applicant knowingly made any false, misleading or fraudulent statements of material fact in the application for the business permit or in any report or statement required to be filed with the Director or the City Council;
(5)
If the City finds any violation of this code, any other code adopted by the City, or any State law that occurred on or in connection with the business activity including the building, structure, premises, or the equipment used to conduct the business activity;
(6)
If there are any fees, fines, taxes, or other amounts owing the City in connection with the business activity including the building, structure, premises, or the equipment used to conduct the business activity; or
(7)
The applicant has been convicted of any violation of this code, any code adopted and incorporated by the City into this code, the California Penal Code, the Health and Safety Code, the Business and Professions Code, or any other State law.
(Ord. 898 § 2, 1990; Ord. U-1030 § 3, 1993; Ord. 1605 § 37, 2023; Ord. 1612 § 15, 2024)
(A)
Generally. No business permit issued under this chapter shall be transferred or changed pursuant to subsection (B) of this section unless such transfer or change is approved in the same manner as an original permit for the business activity. Upon approval of the transfer or change, the transferee shall be issued a new permit for the business activity.
(B)
Transfers. The following transactions shall be deemed to be transfers:
(1)
The addition of a new partner or partners, or the withdrawal of a former partner or partners;
(2)
The transfer of a business from one partnership to another;
(3)
The transfer of a business from a partnership to a corporation;
(4)
The transfer of a business from one corporation to another;
(5)
The transfer of a business from a corporation to a partnership;
(6)
The transfer of a business from a corporation to an individual, or vice versa;
(7)
The transfer of a business from a partnership to an individual, or vice versa;
(8)
The transfer of a majority of the stock in a corporation from one shareholder to another shareholder or to another person.
(Ord. 898 § 2, 1990; Ord. U-1030 § 4, 1993)
(A)
The determination of whether a permit should be denied, not renewed, modified, suspended, or revoked shall be initiated by a written statement explaining how the grounds in PMC § 5.04.200 (Grounds for denial of business permit) or § 5.04.310 (Grounds for modification, suspension, or revocation of business permit), as the case may be, have been found. Such statement may be initiated by any department or agency required to review or inspect the business permit and/or activity for compliance with applicable regulations. Such statement shall be submitted to the Director. The City shall give written notice to the applicant/permittee of the decision to deny, not renew, modify, suspend, or revoke to the address on the operative permit paperwork via first-class mail.
(B)
Any applicant/permittee aggrieved by the City's denial of a business permit, nonrenewal of a business permit, or the City's modifying, suspension or revocation of a business permit may challenge such decision pursuant to PMC § 5.04.280 (Hearing to contest modification, suspension, or revocation – Initiation of hearing) et seq.
(Ord. 898 § 2, 1990; Ord. 1612 § 16, 2024)
The applicant/permittee may request a hearing by filing a request for a hearing on a City-approved form with the Office of the City Clerk, 38300 Sierra Highway, Palmdale, CA 93550 and must provide the reasons why the grounds in PMC § 5.04.200 (Grounds for denial of business permit) or § 5.04.310 (Grounds for modification, suspension, or revocation of business permit), as the case may be, have not been established within 20 calendar days from the issuance date of the notice. If the Office of the City Clerk does not receive the request in the required period, the applicant/permittee shall have waived the right to a hearing and the determination shall be deemed confirmed and final.
(Ord. 898 § 2, 1990; Ord. 1612 § 17, 2024)
If a timely and complete request for hearing is made, the City will set a hearing before the City Council or designee to determine whether grounds in PMC § 5.04.200 (Grounds for denial of business permit) or § 5.04.310 (Grounds for modification, suspension, or revocation of business permit), as the case may be, have been established to support the City's determination. Written notice of the date, time, and location of the hearing shall be given to the applicant/permittee not less than 10 days prior to the hearing by first class mail. Service of this notice is deemed complete at time of mailing. The failure of an applicant/permittee to receive a properly addressed notice shall not invalidate the determination or any hearing, City action or proceeding conducted pursuant to these applicable Sections. The hearing will be conducted within 60 days of the date a timely and complete request is received by the Office of the City Clerk unless otherwise agreed to by the applicant/permittee and the City.
(Ord. 898 § 2, 1990; Ord. 1612 § 18, 2024)
(A)
Right to Witnesses and Submission of Documentary Evidence. The applicant/permittee and the City shall have the right to bring witnesses to testify whether the grounds in PMC § 5.04.200 (Grounds for denial of business permit) or § 5.04.310 (Grounds for modification, suspension, or revocation of business permit), as the case may be, have been established and cross-examine each other's witnesses. The applicant/permittee and the City also have the right to submit in advance of the hearing – no later than three calendar days prior to the date set for hearing – written argument and documentary evidence on whether the grounds in PMC § 5.04.200 (Grounds for denial of business permit) or § 5.04.310 (Grounds for revocation of business permit), as the case may be, have been established. Such submission shall be made by first class mail unless otherwise agreed to by the applicant/permittee and the City, such as via email. Failure to receive said written material shall not invalidate the determination or any hearing, City action or proceeding conducted pursuant to this Section.
(B)
Procedure and Rules of Evidence. Administrative hearings are informal, and formal rules of evidence and discovery do not apply. Oral evidence shall be taken only on oath or affirmation. The City bears the burden of proof to establish the grounds in PMC § 5.04.200 (Grounds for denial of business permit) or § 5.04.310 (Grounds for modification, suspension, or revocation of business permit), as the case may be, by a preponderance of evidence. An applicant/permittee may bring an interpreter to the hearing provided there is no expense to the City for the interpreter. The City Council may question any person who presents evidence or who testifies at any hearing. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC § 2.08.090 (Mayor to sign subpoenas).
(C)
Decision. The City Council shall issue its decision in writing promptly and notice of it must be made via first-class mail to the applicant/permittee and City. The decision shall contain a determination of the issues presented, including the evidence supporting whether the grounds in PMC § 5.04.200 (Grounds for denial of business permit) or § 5.04.310 (Grounds for modification, suspension, or revocation of business permit), as the case may be, were established and the applicable grounds in PMC § 5.04.200 (Grounds for denial of business permit) or § 5.04.310 (Grounds for modification, suspension, or revocation of business permit), as the case may be.
(Ord. 898 § 2, 1990; Ord. 1605 § 11, 2023; Ord. 1612 § 19, 2024)
The City may condition, modify, suspend, or revoke a business permit for any business activity required to be permitted under this Chapter as provided in PMC § 5.04.270 (Denial, nonrenewal, modification, suspension, or revocation) if the City finds that one or more of the following conditions exist:
(A)
Business Activities Involving First Amendment Activities.
(1)
That the business activity including the building, structure, premises, or equipment used in the conduct of the business does not comply with any health, zoning, fire, building and safety, or nuisance prevention laws of the State or of the City;
(2)
That the permittee, or any employee, agent, or manager of the permittee, has violated any Federal or State statute or any ordinance or regulation of the City in the course of exercising any rights under the business permit which is being considered for revocation;
(3)
That the permittee, or any employee, agent, or manager of the permittee, has knowingly made any false, misleading or fraudulent statement of material fact in the application for permit, or in any report or statement required to be filed with the Director or the City Council;
(4)
That the permittee, or any employee, agent, or manager of the permittee, has published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the permitted business;
(5)
That the permittee has failed or refused to notify the Director of any change in facts as required by this Chapter within 10 days after such change;
(6)
That the permittee, or any employee, agent, or manager of the permittee, has violated any conditions or restrictions of the business permit;
(7)
That the permittee, or any employee, agent, or manager of the permittee, has allowed, or failed to prevent, the use of the business as a base for unlawful or criminal activity, including, but not limited to, solicitation, prostitution, or drug trafficking;
(8)
That there are any fees, fines, taxes, or other amounts owing the City in connection with the business activity including the building, structure, premises, or the equipment used to conduct the business activity; or
(9)
The permittee has been convicted of any violation of this code, any code adopted and incorporated by the City into this code, the California Penal Code, the Health and Safety Code, the Business and Professions Code, or any other State law.
(B)
Business Activities Not Involving First Amendment Activities.
(1)
That the business activity including the building, structure, premises, or equipment used in the conduct of the business does not comply with any health, zoning, fire, building and safety, or nuisance prevention laws of the State or of the City;
(2)
That the permittee, or any employee, agent, or manager of the permittee, has violated any Federal or State statute or any ordinance of the City in the course of exercising any rights under the business permit which is being considered for revocation;
(3)
That the permittee, or any employee, agent, or manager of the permittee, has been found to have committed a crime of moral turpitude which bears a substantial relationship to the conduct of the business activity for which the business permit is being considered for revocation;
(4)
That the permittee, or any employee, agent, or manager of the permittee, has knowingly made any false, misleading or fraudulent statement of material fact in the application for permit, or in any report or statement required to be filed with the Director or the City Council;
(5)
That the permittee, or any employee, agent, or manager of the permittee, has published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the operation of the permitted business;
(6)
That the permittee has failed or refused to notify the Director of any change in facts as required by this Chapter within 10 days after such change;
(7)
That the permittee, or any employee, agent, or manager of the permittee, has violated any conditions or restrictions of the business permit;
(8)
That the permittee has been convicted of any violation of this code, any code adopted and incorporated by the City into this code, the California Penal Code, the Health and Safety Code, the Business and Professions Code, or any other State law;
(9)
That the permittee, or any employee, agent, or manager of the permittee, has violated any rule or regulation adopted by the City Council or any other governmental agency relating to the permittee's business;
(10)
That the permittee has conducted the permitted business in a manner contrary to the public health, safety, and welfare; or
(11)
That there are any fees, fines, taxes, or other amounts owing the City in connection with the business activity including the building, structure, premises, or the equipment used to conduct the business activity.
(Ord. 898 § 2, 1990; Ord. 1605 §§ 38, 39, 2023; Ord. 1612 § 20, 2024)
(A)
No refunds of any business permit fees shall be made to any permittee upon revocation or suspension of a business permit.
(B)
Following revocation of any business permit for cause under this chapter, no business permit to conduct the same business activity shall be issued to the same person for a period of one year.
(C)
Whenever a business permit is suspended or revoked, the Director shall take into possession the business permit for the subject business activity. The permittee shall surrender the business permit and permit stickers, or similar evidence of a permit, to the Director.
(D)
Upon revocation or suspension of a business permit, the permittee shall immediately cease operation of the business activity. Except as otherwise provided, if the permit is suspended, the permittee may resume operation upon expiration of the suspension period.
(Ord. 898 § 2, 1990; Ord. 1612 § 21, 2024)
(A)
Right to Condition Permit. The Director or the City Council, as applicable, may condition any business permit if it is determined that grounds for denial or revocation exist, or that the manner in which the business has been conducted or operated is detrimental to the public health, safety and welfare, in that:
(1)
The permittee, or any agent, manager or employee of the permittee, has failed to maintain the premises in a neat and clean condition and has allowed the business premises to deteriorate and become blighted;
(2)
The permittee, or any agent, manager or employee of the permittee, has allowed, or failed to prevent, the use of the business premises by its patrons as a base for criminal or otherwise unlawful activity;
(3)
The permittee, or any agent, manager or employee of the permittee, has allowed, or failed to discourage, criminal or otherwise unlawful activity on or immediately adjacent to the business premises;
(4)
The permittee, or any agent, manager or employee of the permittee, has failed to provide adequate parking to serve its patrons, thereby causing patrons to cruise on neighborhood streets in search of parking, and causing other traffic-related noise and disturbances; or
(5)
The permittee, or any agent, manager or employee of the permittee, has failed to control the actions of its patrons on or immediately adjacent to the business premises.
(B)
Application to Modify Conditions. The City Council may modify or eliminate any conditions previously imposed on a business permit upon written request of the permittee if it finds that the reasons for the original imposition of such conditions have been cured or no longer exist. Applications to modify conditions shall be noticed and set for hearing in a manner consistent with PMC §§ 5.04.280 (Hearing to contest modification, suspension, or revocation – Initiation of hearing) through 5.04.300 (Hearing to contest modification, suspension, or revocation – Procedure for hearing).
(C)
Consent to Right of Entry. If the Director finds that unannounced inspections of the business premises are necessary to enforce the provisions of this chapter, the Director may impose as a condition of the permit that the permittee consent to entry of the permittee's place of business at all reasonable times by any City officer or employee authorized to enforce the provisions of this chapter or other provisions of the code. Upon presentation of proper credentials by any such officer or employee, the permittee shall allow such inspection.
(D)
Noise Abatement. Whenever the Director determines that noise from any business activity permitted under this chapter interferes with the right of persons dwelling in the vicinity of such business activity to the peaceful and quiet use and enjoyment of their property, or that the business activity permitted under this chapter is in violation of the noise ordinance of the City, the Director or the City Council may require that the premises of the business activity be soundproofed to eliminate the noise or reduce it to a reasonable level. In taking any action under this section, the Director or the City Council shall balance all of the interests of the respective parties, as well as the hardship which will result from any such noise mitigation measures. If the Director or the City Council finds that the noise complained of is minimal or inconsequential, no action shall be taken under this section.
(Ord. 898 § 2, 1990; Ord. U-1030 § 5, 1993; Ord. 1612 § 22, 2024)
(A)
Generally. Except as hereafter provided, any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor and punishable as set forth in PMC Chapter 1.12 (Penalty Provisions). Each day that a violation of this Chapter occurs shall constitute a new and separate offense as provided in PMC § 1.12.030 (Continuing violations).
(B)
False Statements. Any person who knowingly makes any false statement in any application for a business permit or in any report required under this Chapter is guilty of a misdemeanor and punishable as provided for in this code.
(C)
Enforcement. The City is authorized to take such actions as may be required for enforcement of this Chapter. The City may enforce any violation of this Chapter by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.
(Ord. 1612 § 24, 2024)
(A)
Purpose. The purpose of this section is to regulate adult-oriented businesses in order to protect the health, safety and welfare of the community from the harmful secondary effects brought about by the unregulated operation of adult-oriented businesses. These secondary effects include, but are not limited to: depreciation of property values; increased vacancy rates in residential and commercial areas; increased criminal activity; increased litter, noise, and vandalism; and interference with the enjoyment of residential property in the vicinity of such businesses. The provisions of this section have neither the purpose or intended effect of: (i) imposing a limitation or restriction on the content of any communicative material; (ii) denying access by adults to adult-oriented materials protected by the First Amendment to the U.S. or state Constitutions; or (iii) denying access by distributors or exhibitors of adult-oriented materials or entertainment to their intended market.
(B) "Adult-oriented business operator" "Adult-oriented businesses,"(1) (2) (3) (4) (5) (6) (7) "Adult-oriented merchandise," "Applicant," "Bar," "Distinguished or characterized by an emphasis upon," "Entertainer," Establishment of an Adult-Oriented Business. (1) (2) (3) (4) "Figure model," "Nudity or a state of nudity," "Operate an adult-oriented business," "Owner," "Park," "Permittee," "Person," "Planning Director," "Regularly features" "Religious institution" or "church," "School," "Semi-nude," "Specified anatomical areas," "Specified sexual activities," "Substantially enlarged,"
Definitions. For the purpose of this Section, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:
(hereinafter "operator"), as used in this Section, means a person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an adult-oriented business or the conduct or activities occurring on the premises thereof.
as used in this Section, means any one of the following:
"Adult arcade,"
as used in this Section, is an establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer-generated images, motion pictures, video cassettes, slides, or other photographic reproductions 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
"Adult bookstore," "adult novelty store," or "adult video store,"
as used in this Section, means an establishment that has 20 percent or more of its stock in books, magazines, periodicals or other printed matter, adult-oriented merchandise or of photographs, films, motion pictures, video cassettes, slides, tapes, records, DVD, CD-ROM, or other visual or audio representations or any material in digital format, are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas. An adult bookstore, adult novelty store, or adult video store shall not include mail order businesses or wholesale businesses with no patrons on the premises.
"Adult cabaret,"(a) (b) (c)
as used in this Section, means a nightclub, restaurant, or similar business establishment which:
Features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or
Features persons who appear semi-nude; and/or
Shows films, computer-generated images, motion pictures, video cassettes, slides, DVD, CD-ROM, or other visual or audio representations or any material in digital format, or other photographic reproductions and 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
"Adult hotel/motel,"
as used in this Section, means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which, (1) provides patrons with closed-circuit television transmissions, films, computer-generated images, motion pictures, video cassettes, slides, DVD, CD-ROM, or other visual or audio representations or any material in digital format, or other photographic reproductions and 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (2) rents, leases, or lets any room for less than a 10-hour period, or rents, leases, or lets any single room more than twice in a 24-hour period.
"Adult live entertainment theater,"
as used in this Section, means any place, building, enclosure, or structure, partially or entirely used for "live adult entertainment," as defined in this Section, performances or presentations characterized by an emphasis on depicting, exposing, displaying, or describing or relating to "specified sexual activities," "specified anatomical areas" or men and/or women in a "state of nudity" or "state of partial nudity" for observation by patrons or customers therein. "Live adult entertainment" means any physical human body activity, whether performed or engaged in alone or with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulating, wrestling, or pantomiming, in which the performer(s) expose to public view without opaque covering "specified anatomical areas" or appear in a "state of nudity" or a "state of partial nudity" for any form of consideration.
"Adult motion picture theater,"
as used in this Section, means any business, other than a hotel or motel which regularly provides closed-circuit viewing to each individual room as a secondary service to its hotel or motel customers, with the capacity for five or more persons where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions in which the predominant character and theme is distinguished or characterized by its emphasis on matters depicting or relating to "specified sexual activities," "specified anatomical areas" or men and/or women in a "state of nudity" or "state of partial nudity" as defined in this Section, are regularly shown. This includes, without limitation, showing any such slides, motion pictures or videos by means of any video tape system which has a display, viewer, screen, or a television set. For purposes of this Chapter, motion pictures receiving up to an "NC17" rating from a generally recognized movie rating organization shall not be deemed to be included in the definition of an adult motion picture theater.
"Modeling studio,"
as used in this Section, means a business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, or on a voluntary basis, figure models who, for the purposes of sexual stimulation of patrons, appear either nude or semi-nude or display "specified anatomical areas" to be observed, sketched, photographed, painted, sculpted, or otherwise depicted by persons on the premises. "Modeling studio" does not include schools maintained pursuant to standards set by the State Board of Education. "Modeling studio" further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, allow, or make available "specified sexual activities."
as used in this Section, means sexually oriented implements or paraphernalia, including but not limited to: dildos; auto sucks; adult-oriented vibrators; edible underwear; benwa balls; inflatable orifices; anatomical balloons with orifices; simulated vaginas; and similar adult-oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.
as used in this Section, means a person who is required to file an application for a permit under this Section, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an adult-oriented business.
as used in this Section, means an establishment in which the primary use is the sale of alcoholic beverages for consumption on site which requires an alcoholic beverage control license (Type 40, 41, 42, 48 or 61) which does not meet the definition of a bona fide restaurant, as defined in PMC Chapter 17.16 (Definitions).
as used in this Section, means and refers to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal. App. 3 151 (1981).
as used in this Section, means a person who, for any form of consideration, or on a voluntary basis, performs any act, play, review, pantomime, scene, movie, song, dance act, song and dance act, exhibition, athletic competition, sporting event, dancing for compensation, or poetry recitation, performed for the benefit of the public at an adult-oriented business. Such persons shall constitute "entertainers" regardless of their legal relationship (e.g., employee, owner, independent contractor, or volunteer) with the adult-oriented business.
To "establish" an adult-oriented business, as used in this Section, means and includes, any of the following:
The opening or commencement of any adult-oriented business as a new business;
The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business defined herein;
The addition of any of the adult-oriented businesses defined herein to any other existing adult-oriented business; or
The relocation of any such adult-oriented business.
as used in this Section, means any person who, for pecuniary compensation, consideration, hire or reward, or on a voluntary or otherwise unpaid basis, poses or appears in an adult modeling studio either nude or semi-nude, displays "specified anatomical areas," or performs "specified sexual activities" to be observed, sketched, filmed, photographed, videotaped, electronically or digitally recorded, painted, drawn, sculpted, or otherwise depicted by persons on the premises, cable-casted, web-casted, broadcasted, transmitted to persons or locations off site, or otherwise provided for sale.
as used in this Section, means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
as used in this Section, means the supervising, managing, inspecting, directing, organizing, controlling, or in any way being responsible for or in charge of the conduct of activities of an adult-oriented business or activities within an adult-oriented business.
as used in this Section, means the following: (a) the sole proprietor of an adult-oriented business; (b) any general partner of a partnership which owns and operates an adult-oriented business; (c) the owner of a controlling interest in a corporation which owns and operates an adult-oriented business; and (d) the person designated by the officers of a corporation to be the permit holder for an adult-oriented business owned and operated by the corporation.
as used in this Section, means a park, trail, recreation center, sports complex, golf course, or athletic field within the City which is under the control, operation or management of the City or other public agency.
as used in this Section, means the person to whom an adult-oriented business permit is issued.
as used in this Section, means any individual, partnership, copartnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.
as used in this Section, means the Director of Planning of the City, or his or her designee.
with respect to an adult theater or adult cabaret, as used in this Section, means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two or more occasions within a 30-day period; three or more occasions within a 60-day period; or four or more occasions within a 180-day period, shall to the extent permitted by law, be deemed to be a regular and substantial course of conduct.
as used in this Section, is a structure which is used primarily for religious worship and related religious activities.
as used in this Section, is any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.
as used in this Section, means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.
as used in this Section, means, and includes any of the following:
as used in this Section, shall mean and includes any of the following, whether performed directly or indirectly through clothing or other covering:
as used in this Section, means the increase in floor area occupied by an adult-oriented business by more than 10 percent of its floor area as it existed at the time an adult-oriented regulatory permit was issued for the business.
(C)
Permits Required.
(1)
It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the City of Palmdale, the operation of an adult-oriented business unless the person first obtains and continues to maintain in full force and effect a permit from the City of Palmdale as herein required (adult-oriented business regulatory permit).
(2)
It is unlawful for any person to engage in the activity of an entertainer at an adult-oriented business unless that person first obtains from the City Council and continues to maintain in full force and effect, an adult-oriented business entertainer permit.
(D)
Adult-Oriented Business Regulatory Permit Required. Every person who proposes to maintain, operate, or conduct an adult-oriented business in the City of Palmdale shall file an application with the business license division of the Planning Department upon a form provided by the City of Palmdale and shall pay a filing fee, as established by resolution adopted by the City Council from time to time, which shall not be refundable. The owner of a proposed adult-oriented business shall be the only person eligible to obtain an adult-oriented business regulatory permit for such business. The owner shall not be eligible to obtain such a permit unless the owner is at least 18 years of age.
(E)
Applications. Adult-oriented business regulatory permits are nontransferable, except in accordance with subsection (H) of this section. Therefore, all applications shall include the following information:
(1)
(a)
If the applicant is an individual, the individual shall state his or her legal name, including any aliases, address, and submit satisfactory written proof that he or she is at least 18 years of age,
(b)
If the applicant is a partnership, the partners shall state the partnership's complete name, address, the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any,
(c)
If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers and directors, the name of the registered corporate agent and the address of the registered office for service of process;
(2)
If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a 10 percent or greater interest in the business entity shall sign the application;
(4)
If the applicant intends to operate the adult-oriented business under a name other than that of the applicant, the applicant shall file the fictitious name of the adult-oriented business and show proof of registration of the fictitious name;
(5)
A description of the type of adult-oriented business for which the permit is requested and the proposed address where the adult-oriented business will operate, plus evidence of legal occupancy of the proposed business location (i.e., trust deed, rental or lease agreement), and the names, business telephone number(s) and addresses of the owners and lessors of the adult-oriented business site;
(6)
The address to which notice of action on the application is to be mailed;
(7)
The names of all employees, independent contractors, and other persons who will perform at the adult-oriented business, who are required by subsection (J) of this section to obtain an adult-oriented business entertainer license (for ongoing reporting requirements, see subsection (J)(1) of this section);
(8)
A complete security plan which describes the proposed security measures applicable to the proposed business including, but not limited to, security guards, perimeter and interior alarms, cameras or metal detectors;
(9)
A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult-oriented business. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches;
(10)
A certificate and straight-line drawing prepared within 30 days prior to application depicting the building and the portion thereof to be occupied by the adult-oriented business, and: (a) the property line of any other adult-oriented business within 1,000 feet of the primary entrance of the adult-oriented business for which a permit is requested; and (b) the property lines of any church, school, park, primary alcohol use, excluding convenience stores, residential zone, or residential use within 1,000 feet of the primary entrance of the adult-oriented business;
(11)
A diagram of the off-street parking areas and premises entries of the adult-oriented business showing the location of the lighting system required by subsection (I)(3) of this section;
(12)
A statement signed by the applicant certifying under penalty of perjury that all of the information submitted in connection with the application is true and correct to the best of the applicant's knowledge.
(F)
Investigation and Action on Application.
(1)
If the Planning Director determines that the applicant has completed the application improperly, the Planning Director shall promptly notify the applicant of such fact and, on request of the applicant, grant the applicant an extension of time of 10 days or less to complete the application properly. In addition, the applicant may request an extension, not to exceed 10 days, of the time for the City to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time.
(2)
The fact that an applicant possesses other types of state or City permits or licenses does not exempt the applicant from the requirement of obtaining an adult-oriented business regulatory permit.
(3)
Upon receipt of a completed application and payment of the application and permit fees, the Planning Director shall immediately stamp the application as received and promptly investigate the information contained in the application to determine whether the applicant shall be issued an adult-oriented business regulatory permit.
(4)
Within 60 days of receipt of the completed application, the Planning Director shall complete the investigation and forward the application to the City Council, which shall grant or deny the application in accordance with the provisions of this section, and so notify the applicant as follows:
(a)
The Planning Director shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.
(b)
If the application is denied, the Planning Director shall attach to the application a statement of the reasons for denial.
(c)
If the application is granted, the Planning Director shall attach to the application an adult-oriented business regulatory permit.
(d)
The application as granted or denied and the permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the address stated in the application.
(5)
The City Council shall grant the application and issue the adult-oriented business regulatory permit upon findings that the proposed business meets the locational criteria of PMC § 17.92.010(C)(1) (Adult-oriented businesses development standards), and that the applicant has met all of the development and performance standards and requirements of Subsection (I) of this Section, unless the application is denied for one or more of the reasons set forth in Subsection (G) of this Section. The permittee shall post the permit conspicuously in the adult-oriented business premises.
(6)
If the City Council grants the application or if the City Council neither grants nor denies the application within 60 days after it is stamped as received except as provided in subsection (F)(1) of this section, the applicant may begin operating the adult-oriented business for which the permit was sought, subject to strict compliance with the development and performance standards and requirements of subsection (I) of this section.
(G)
Permit Denial.
(1)
The City Council shall deny the application for any of the following reasons:
(a)
An applicant is under 18 years of age;
(b)
The required application fee has not been paid;
(c)
The adult-oriented business does not comply with the zoning ordinance locational standards, PMC § 17.92.010(C)(1) (Adult-oriented businesses development standards);
(d)
The building, structure, equipment, or location used by the business for which an adult-oriented business regulatory permit is required do not comply with the requirements and standards of the health, zoning, fire and safety laws of the City and the state of California, or with the development and performance standards and requirements of this section;
(e)
The applicant, his or her employee, agent, partner, director, officer, shareholder, or manager has knowingly made any false, misleading, or fraudulent statement of material fact in the application for an adult-oriented business regulatory permit.
(H)
Transfer of Adult-Oriented Business Regulatory Permits.
(1)
A permittee shall not operate an adult-oriented business under the authority of an adult-oriented business regulatory permit at any place other than the address of the adult-oriented business stated in the application for the permit.
(2)
A permittee shall not transfer ownership or control of an adult-oriented business or transfer an adult-oriented business regulatory permit to another person unless and until the transferee obtains an amendment to the permit from the City stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the City in accordance with subsections (E) and (F) of this section, accompanies the application with a transfer fee in an amount set by resolution of the City Council, and the City Council determines, in accordance with subsection (F) of this section, that the transferee would be entitled to the issuance of an original permit.
(3)
No permit may be transferred when the City has notified the permittee that the permit has been or may be suspended or revoked.
(4)
Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void, and the permit shall be deemed revoked.
(I)
Adult-Oriented Business Development and Performance Standards.
(1)
Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed, and provided in accordance with the Fire Department and building regulations and standards adopted by the City of Palmdale.
(2)
No adult-oriented business shall be operated in any manner that permits the observation of any material or activities depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window, or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.
(3)
All off-street parking areas and premises entries of the adult-oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot-candle of light on the parking surface and/or walkways. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the adult-oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises.
(4)
The premises within which the adult-oriented business is located shall provide sufficient sound-absorbing insulation so that noise generated inside said premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building.
(5)
Except for those businesses also regulated by the California Department of Alcoholic Beverage Control, an adult-oriented business shall be open for business only between the hours of 8:00 a.m. and midnight on any particular day.
(6)
The building entrance to an adult-oriented business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. The notice shall be constructed and posted to the satisfaction of the Planning Director or designee. No person under the age of 18 years shall be permitted within the premises at any time.
(7)
All indoor areas of the adult-oriented business within which patrons are permitted, except restrooms, shall be open to view by the management at all times.
(8)
Reserved.
(9)
Trash dumpsters shall be enclosed by a screening enclosure so as not to be accessible to the public.
(10)
No landscaping shall exceed 30 inches in height, except trees with foliage not less than six feet above the ground.
(11)
All areas of the adult-oriented business shall be illuminated at a minimum of the following foot-candles, minimally maintained and evenly distributed at ground level:
Area | Foot-Candles |
|---|---|
Bookstores, novelty stores and video stores | 20 |
Theaters and cabarets (except during performances, at which times lighting shall be at least 1.25 foot-candles) | 5 |
Arcades | 10 |
Motels/hotels (in public areas) | 20 |
Modeling studios | 20 |
(12)
The adult-oriented business shall provide and maintain separate restroom facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance, and cleaning of the restroom facilities. The restrooms shall be free from any adult material. Restrooms shall not contain television monitors or other motion picture or video projection, recording, or reproduction equipment. The foregoing provisions of this subsection (I)(12) shall not apply to an adult-oriented business which deals exclusively with sale or rental of adult material which is not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide restroom facilities to its patrons or the general public.
(13)
Any adult-oriented business which is also an "adult arcade," shall comply with the following provisions:
(a)
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be direct line of sight from the manager's station.
(b)
The view area specified in subsection (I)(13)(a) of this section shall remain unobstructed by any doors, walls, merchandise, display racks, or other materials at all times. No patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted.
(c)
No viewing room may be occupied by more than one person at any one time.
(d)
The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times, with no holes between any two such rooms such as would allow viewing from one booth into another or such as to allow physical contact of any kind between the occupants of any two such booths or rooms.
(e)
Customers, patrons, or visitors shall not be allowed to stand idly by in the vicinity of any such video booths, or from remaining in the common area of such business, other than the restrooms, who are not actively engaged in shopping for or reviewing the products available on display for purchaser viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths.
(f)
The floors, seats, walls, and other interior portions of all video booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen, or saliva in any such booths shall be evidence of improper maintenance and inadequate sanitary controls; repeated instances of such conditions may justify suspension or revocation of the adult-oriented business permit.
(14)
The following additional requirements shall pertain to adult-oriented businesses providing performances by an entertainer, except for businesses regulated by the Alcoholic Beverage Control Commission:
(a)
No person shall perform live entertainment for patrons of an adult-oriented business except upon a stage at least 24 inches above the level of the floor which is separated by a distance of at least 10 feet from the nearest area occupied by patrons, and no patron shall be permitted within 10 feet of the stage while the stage is occupied by an entertainer.
(b)
The adult-oriented business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use.
(c)
The adult-oriented business shall provide an entrance/exit for entertainers which is separate from the entrance/exit used by patrons.
(d)
The adult-oriented business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the adult-oriented business shall provide a minimum three-foot-wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence, or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers.
(e)
No entertainer, either before, during, or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during, or after performances by such entertainer. This subsection shall only apply to physical contact on the premises of the adult-oriented business.
(f)
Fixed rail(s) at least 30 inches in height shall be maintained establishing the separations between entertainers and patrons required by this subsection.
(g)
No patron shall directly pay or give any gratuity to any entertainer and no entertainer shall solicit any pay or gratuity from any patron.
(h)
No owner or other person with managerial control over an adult-oriented business (as that term is defined herein) shall permit any person on the premises of the adult-oriented business to engage in a live showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque coverage, and/or the female breast with less than a fully opaque coverage over any part of the nipple or areola and/or covered male genitals in a discernibly turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical part required to be covered.
(15)
Adult-oriented businesses shall employ security guards in order to maintain the public peace and safety, based upon the following standards:
(a)
Adult-oriented businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than 35 persons, an additional security guard shall be on duty.
(b)
Security guards for other adult-oriented businesses may be required if it is determined by the Sheriff's Department that their presence is necessary in order to prevent any of the conduct listed in subsection (M)(1)(b) of this section from occurring on the premises.
(c)
Security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons of the requirements of these regulations. Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state law. No security guard required pursuant to this subsection shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager's station while acting as a security guard.
The foregoing applicable requirements of this subsection shall be deemed conditions of adult-oriented business regulatory permit approvals, and failure to comply with all such requirements shall be grounds for revocation of the permit issued pursuant to these regulations.
(J)
Adult-Oriented Business Entertainer Permit.
(1)
It is unlawful for any person to engage in the activity of an entertainer at an adult-oriented business unless that person first obtains from the Planning Director and continues to maintain in full force and effect, an adult-oriented business entertainer permit. All persons who have been issued an adult-oriented business regulatory permit shall promptly supplement the information provided as part of the application for the permit required by subsection (D) of this section, with the names of all entertainers required to obtain an adult-oriented business entertainer permit, within 30 days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension of the adult-oriented business regulatory permit.
(2)
The Planning Director shall grant, deny, and renew adult-oriented business entertainer permits.
(3)
The application for a permit shall be made on a form provided by the business license division of the Planning Department. An original and two copies of the completed and sworn permit application shall be filed with the business license division.
(4)
The completed application shall contain the following information and be accompanied by the following documents:
(a)
The applicant's legal name and any other names (including "stage names" and aliases) used by the applicant;
(b)
Age, date, and place of birth;
(c)
Sex, height, weight, hair, and eye color;
(d)
Present residence address and telephone number;
(e)
(f)
Whether such person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If any person mentioned in this subsection has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the place of such registration, licensing or legal authorization, and the inclusive dates during which such person was so licensed, registered, or authorized to engage in prostitution;
(h)
Satisfactory written proof that the applicant is at least 18 years of age;
(i)
The applicant's fingerprints in the manner determined by the Sheriff's Department, and a color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant;
(j)
If the application is made for the purpose of renewing a license, the applicant shall attach a copy of the license to be renewed.
(5)
The completed application shall be accompanied by a nonrefundable application fee. The amount of the fee shall be set by resolution of the City Council.
(6)
Upon receipt of an application and payment of the application fees, the Planning Director shall immediately stamp the application as received and promptly investigate the application.
(7)
If the Planning Director determines that the applicant has completed the application improperly, the Planning Director shall promptly notify the applicant of such fact and grant the application an extension of time of not more than 10 days to complete the application properly. In addition, the applicant may request an extension, not to exceed 10 days, of the time for the City to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time.
(K)
Investigation and Action on Application for Adult-Oriented Business Entertainer Permit.
(1)
Within three days after receipt of the properly completed application, the Planning Director shall complete the investigation and shall grant or deny the application and so notify the applicant as follows:
(a)
The Planning Director shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.
(b)
If the application is denied, the Planning Director shall attach to the application a statement of the reasons for denial.
(c)
If the application is granted, the Planning Director shall attach to the application an adult-oriented business entertainer permit.
(d)
The application as granted or denied and the permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the residence address stated in the application.
(2)
The Planning Director shall grant the application and issue the permit unless the application is denied for one or more of the reasons set forth in subsection (K)(4) of this section.
(3)
If the Planning Director grants the application or if the Planning Director neither grants nor denies the application within three days after it is stamped as received except as provided in subsection (J)(7) of this section, the applicant may begin performing in the capacity for which the license was sought.
(4)
The Planning Director shall deny the application for any of the following reasons:
(a)
The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a permit or in any report or document required to be filed with the application;
(b)
The applicant is under 18 years of age;
(c)
The adult-oriented business entertainer permit is to be used for performing in a business prohibited by state or City law;
(d)
The applicant has been convicted of any of the offenses enumerated in subsection (J)(4)(e) of this section or convicted of an offense outside the state of California that would have constituted any of the described offenses if committed within the state of California. A permit may be issued to any person convicted of the described crimes if the conviction occurred more than five years prior to the date of the application.
(5)
Each adult-oriented business entertainer permit shall expire one year from the date of issuance and may be renewed only by filing with the business license division a written request for renewal, accompanied by the application fee and a copy of the permit to be renewed. The request for renewal shall be made at least 60 days before the expiration date. When made less than 60 days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on as provided herein for applications for permits.
(L)
Suspension or Revocation of an Adult-Oriented Business Regulatory Permit.
(1)
Grounds for Suspension or Revocation. The City Council shall suspend or revoke an adult-oriented business regulatory permit for any of the following causes:
(a)
The permittee has knowingly made any false, misleading, or fraudulent statement of material fact in the application, or in any report or record required to be filed with the City;
(b)
The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of an adult-oriented business has knowingly failed to comply with any of the requirements of this section;
(c)
The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of the adult-oriented business has knowingly allowed or permitted the occurrence of criminal activity on the premises of the adult-oriented business;
(d)
The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of the adult-oriented business has committed a misdemeanor or felony in the conduct of the business;
(e)
The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of the adult-oriented business has failed to abide by any disciplinary action previously imposed by an authorized City official;
(f)
The approved use has been substantially enlarged without City approval.
(2)
Procedure for Suspension or Revocation.
(a)
Notice. On determining that grounds for permit revocation exist, the Director shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing on the proposed revocation by the City Council, and the ground(s) upon which the proposed suspension or revocation is based. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, or shall be personally delivered to the permittee personally, at least 10 days prior to the hearing date.
(b)
Hearings. Hearings shall be conducted in accordance with procedures established by the Director. All parties involved shall have a right to: (i) offer testimonial, documentary, and tangible evidence bearing on the issues; (ii) be represented by counsel; and (iii) confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this subsection may be continued for a reasonable time for the convenience of a party or a witness. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC § 2.08.090.
(3)
Penalty. After holding the hearing in accordance with the provisions of this subsection, upon determining that there are sufficient grounds for disciplinary action, the City Council shall impose one of the following penalties:
(a)
A warning;
(b)
Suspension of the permit for a specified period not to exceed six months;
(c)
Revocation of the permit.
The City Council may, in conjunction with the issuance of a warning or the suspension of a permit, order the permittee to take appropriate corrective action.
(M)
Suspension or Revocation of an Adult-Oriented Entertainer Permit.
(1)
Grounds for Suspension or Revocation. The Planning Director shall suspend or revoke an adult-oriented business entertainer permit for any of the following causes:
(a)
The permittee has knowingly made any false, misleading, or fraudulent statement of material fact in the application for a permit, or in any report or record required to be filed with the City;
(b)
The permittee has engaged in one of the activities described below while on the premises of an adult-oriented business:
(i)
Unlawful sexual intercourse, sodomy, oral copulation, or masturbation,
(ii)
Unlawful solicitation of sexual intercourse, sodomy, oral copulation, or masturbation,
(iii)
Any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code,
(iv)
Lewdness, assignation, or prostitution, including any conduct constituting violations of Section 315, 316, or 318 or subdivision (b) of Section 647 of the California Penal Code,
(v)
Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including, but not limited to, Sections 311 through 313.4,
(vi)
Any conduct prohibited by this section;
(c)
Failure to abide by a disciplinary action previously imposed by an authorized City official.
(2)
Procedure for Suspension or Revocation.
(a)
Notice. On determining that grounds for permit revocation exist, the Director shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing on the proposed revocation by the Director, and the ground(s) upon which the proposed suspension or revocation is based. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, or shall be personally delivered to the permittee personally, at least 10 days prior to the hearing date.
(b)
Hearings. Hearings shall be conducted in accordance with procedures established by the Director. All parties involved shall have a right to: (i) offer testimonial, documentary, and tangible evidence bearing on the issues; (ii) be represented by counsel; and (iii) confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this subsection may be continued for a reasonable time for the convenience of a party or a witness. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC § 2.08.090.
(3)
Penalty. After holding the hearing in accordance with the provisions of this subsection, upon determining that there are sufficient grounds for disciplinary action, the Director shall impose one of the following penalties:
(a)
A warning;
(b)
Suspension of the permit for a specified period not to exceed six months;
(c)
Revocation of the permit.
The Director may, in conjunction with the issuance of a warning or the suspension of a permit, order the permittee to take appropriate corrective action.
(N)
Appeals.
(1)
Who May Appeal. Any interested person may appeal the Director's issuance, denial of issuance, suspension or revocation of an adult-oriented entertainer permit to the City Council in accordance with the provisions of this subsection.
(2)
Appeal Period. A written appeal petition must be filed with the City Clerk no later than 14 calendar days after the decision of the Director; provided, however, that if the 14 days expires on a date that City Hall is not open for business, then the appeal period shall be extended to the next business day. Failure to file a timely appeal petition deprives the City Council of jurisdiction to hear the appeal.
(3)
Form of Appeal Petition. The appeal petition must indicate in what way the appellant contends the Director's decision was incorrect or must provide extenuating circumstances which the appellant contends would justify reversal or modification of the Director's decision.
(4)
Director's Decision Stayed. The effectiveness of any decision of the Director to suspend or revoke an adult-oriented business entertainer permit shall be stayed during: (a) the appeal period set forth in subsection (N)(2) of this section; and (b) the pendency of any appeal.
(5)
City Council Consideration. The City Council shall consider an appeal of a decision by the Director at its first available regular meeting following submission of the appeal, unless the appellant consents in writing to an extension. At least 10 days prior to the appeal hearing before the City Council, written notice of such hearing shall be mailed to the appellant. The City Council may continue the appeal hearing as necessary or convenient.
(6)
City Council Decision. No later than 45 days from the filing of a timely appeal, unless the appellant consents to an extension, the City Council shall render a decision on the appeal. The City Council may affirm, modify, or reverse the decision of the Director. The decision of the City Council shall be made no later than three City business days after the City Council's decision. Notice of the decision and a copy of the resolution shall be mailed by first class mail, postage prepaid, to the appellant. Such notice shall contain the substance of the following statement: "You are hereby notified that the time within which judicial review of this decision may be sought is governed by California Code of Civil Procedure Section 1094.6."
(O)
Judicial Review of Denial, Suspension or Revocation. After denial of an application for an adult-oriented business regulatory permit, denial of an adult-oriented business entertainer permit, denial of renewal of an adult-oriented business entertainer permit, suspension or revocation of any such permits and the exhaustion of any administrative appeal process set forth in this section, the applicant or person to whom the permit was granted may seek prompt judicial review of such action pursuant to California Code of Civil Procedure Section 1094.5.
(P)
Register and Permit Number of Employees. Every permittee of an adult-oriented business which provides live entertainment depicting specified anatomical areas or depicting specified sexual activities must maintain a register of all persons so performing on the premises and their permit numbers. Such register shall be available for inspection during regular business hours by any Sheriff's Officer or Code Enforcement Officer of the City of Palmdale.
(Q)
Display of Permit and Identification Cards.
(1)
Every adult-oriented business shall display at all times during business hours the permit issued pursuant to the provisions of this chapter for such adult-oriented business in a conspicuous place so that the same may be readily seen by all persons entering the adult-oriented business.
(2)
The business license division shall provide each adult-oriented business entertainer required to have a permit pursuant to the chapter, with an identification card containing the name, address, photograph, and permit number of such entertainer.
(3)
An adult-oriented business entertainer shall have such card available for inspection at all times during which such person is on the premises of the adult-oriented business.
(R)
Employment of and Services Rendered to Persons under the Age of 18 Years Prohibited.
(1)
It is unlawful for any permittee, operator, or other person in charge of any adult-oriented business to employ, or provide any service for which it requires such permit to, any person who is not at least 18 years of age.
(2)
It is unlawful for any permittee, operator or other person in charge of any adult-oriented business to permit to enter, or remain within the adult-oriented business, any person who is not at least 18 years of age.
(S)
Gross Receipts Records.
(1)
Maintenance. The owner of an adult-oriented business shall maintain complete records which can be segregated with regard to all transactions involving products, merchandise, services or entertainment which are characterized by an emphasis on specified sexual activities or the exposure of specified anatomical areas. Such records shall be sufficient to establish the percentage of gross receipts of the business which is derived from such transactions. Such records shall be maintained for at least three years after the end of the calendar year for which the records were created.
(T)
Inspection. An applicant or permittee shall permit representatives of the Sheriff's Department, Health Department, Fire Department, Planning Department, or other City departments or agencies to inspect the premises of an adult-oriented business for the purpose of ensuring compliance with the law and the development and performance standards applicable to adult-oriented businesses, at any time it is occupied or opened for business. A person who operates an adult-oriented business or his or her agent or employee is in violation of the provisions of this section if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.
(U)
Regulations Nonexclusive. The provisions of this article regulating adult-oriented businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the City Council of the City of Palmdale.
(V)
Employment of Persons without Permits Unlawful. It is unlawful for any owner, operator, manager, or permittee in charge of or in control of an adult-oriented business which provides live entertainment depicting specified anatomical areas or depicting specified sexual activities to allow any person to perform such entertainment who is not in possession of a valid, unrevoked adult-oriented business entertainer permit.
(W)
Existing Adult-Oriented Businesses. The provisions of PMC § 17.92.010(F) (Existing adult-oriented businesses), apply as it relates to the City's regulations as to nonconforming uses. Any existing adult-oriented businesses not operating in compliance with PMC Chapter 17.92, including PMC § 17.92.010(F) (Existing adult-oriented businesses), are not lawful businesses and are subject to the enforcement provisions of this Section and any other applicable enforcement laws of the City.
(X)
Conflicts. If the provisions of this section conflict with or contravene any other provisions of this chapter, the provisions of this section shall prevail as to all matters and questions arising out of the subject matter of this section.
(Ord. 898 § 2, 1990; Ord. 915 § 2, 1991; Ord. 1108 § 2(b), 1997; Ord. U-1115 § 3, 1997; Ord. 1115 § 3, 1997; Ord. 1120 §§ 6, 7, 8, 1998; Ord. U-1280 § 2, 2006; Ord. 1280 § 2, 2006; Ord. U-1299 §§ 4, 5, 2006; Ord. 1299 §§ 4, 5, 2007; Ord. 1317 §§ 2, 3, 2007; Ord. 1605 §§ 13, 14, 2023; Ord. 1612 §§ 25 – 29, 2024)
(A) "Adult-oriented entertainment" "Entertainment"
Definitions. For purposes of this Section, the following words shall have the following meanings:
means any entertainment in an adult arcade, adult cabaret, adult motion picture theater, adult theater, or modeling studio, as those terms are defined in PMC § 5.04.400(B) (Adult-oriented businesses).
means and includes, but is not limited to, any act, play, review, pantomime, scene, movie, song, dance act, song and dance act, exhibition, dancing for compensation, or poetry recitation, performed for the benefit of the public, either at a private or public establishment. "Entertainment" as used herein does not include mechanical music alone.
(B)
The requirements of this Section shall be inapplicable to adult-oriented entertainment which shall be subject to the permit and regulatory requirements of PMC § 5.04.400 (Adult-oriented business).
(C)
Application Information. In addition to the information required by PMC § 5.04.140 (Business permits – Contents), the application for an entertainment permit shall include the following information:
(1)
The names and addresses of the persons who have authority or control over the location for which the permit is requested, and a brief statement of the nature and extent of such authority or control;
(2)
The name and address of the owner of the premises upon which the permitted activity is to be conducted, if the applicant is leasing such premises from the owner;
(3)
Whether the entertainment to be provided is adult-oriented entertainment; and
(4)
The duration of the entertainment permit requested by the applicant. The Director is specifically authorized to issue a one-day entertainment permit, subject to the permittee's compliance with all applicable provisions of this Section.
(D)
Operating Requirements.
(1)
Hours of Operation. Entertainment, excluding adult-oriented entertainment, may be provided at an establishment permitted to provide entertainment in any location for which it is permitted except between the hours of 2:00 a.m. and 7:00 a.m. unless the City Council specifically authorizes otherwise upon a showing of good cause and that authorization is expressly set forth on the business permit for the permitted activity.
(2)
Exits. No permit may be issued pursuant to this Section to any applicant if the location for which the permitted activity is being sought does not maintain unlocked doors with free and easy access sufficient to assure adequate ingress and egress in the event of an emergency.
(3)
Lighting.
(a)
Every business establishment at which permitted entertainment, excluding adult-oriented entertainment, may be provided shall be illuminated throughout at an intensity of at least three foot-candles during all hours of operation except while a floor show is in progress.
(b)
Every business establishment at which permitted entertainment, excluding adult-oriented entertainment, may be provided shall, if it owns or operates an adjacent parking lot, provide illumination of at least two foot-candles throughout such parking lot.
(E)
Prohibitions – Revocation.
(1)
Except for entertainment activities or performances conducted in an adult business operating in compliance with PMC provisions regulating such activities and performances, any entertainment activities or performances which present an entertainer in a semi-nude state or reveal specified anatomical areas, or include performances which either:
(2)
Any violation of this Section shall result in a denial, revocation, or suspension of an applicable entertainment permit following the procedures set forth in this Chapter and all applicable consequences of such denial, revocation, or suspension apply as provided in PMC § 5.04.210 (Effect of business permit denial) and PMC § 5.04.320 (Effect of revocation or suspension) and related Sections of this code.
(3)
The City may enforce any violation of this Section by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.
(Ord. 1612 § 31, 2024)
(A) "Card-operated game" "Coin-operated game" "Game arcade"
Definitions. For purposes of this Section, the following words shall have the following meanings:
means any game or machine, operated by the use of a card system in which consumers purchase credits that are deposited into a card and that card is used in conjunction with a card reader on the game or machine, which is predominately a game of skill or amusement. Such games include, but are not limited to, coin-operated pool tables, pinball machines, and video games.
means any game or machine, operated by the insertion of money, coin, or other object, which is predominately a game of skill or amusement. Such games include, but are not limited to, coin-operated pool tables, pinball machines, and video games.
means any place open to the public where five or more coin-operated games or card-operated games, or a mixture of both equal to or greater than five such games, are kept or maintained for use and operation by the public.
(B)
General Requirements.
(1)
Manager Required. A game arcade permittee shall provide a manager to oversee the operation and orderly use of the games in the game arcade. Such manager shall be present in the game arcade during all hours that it remains open.
(Ord. 1612 § 32, 2024)
(A) "Gun dealer"
Definitions. For purposes of this Section, the following term shall have the following meaning:
means any person who sells or otherwise transfers to members of the public any pistol, revolver, or other firearm, new or used, capable of being concealed upon the person.
(B)
Application Information.
(1)
Permit Form. Any permit issued to operate a gun dealer shall be on a form provided by the State Attorney General.
(2)
Application Form. Notwithstanding any other provision of this Chapter, every applicant for a gun dealer permit shall fill out the application form provided by the State Attorney General.
(C)
Permit Subject to Conditions. All permits issued under this Section are subject to the following conditions, breach of any of which subjects the business permit to forfeiture:
(1)
The business activity shall be carried out only in the building designated in the permit.
(2)
The permit, or a copy thereof, certified by the issuing authority, shall be posted in a conspicuous manner on the premises in which the business is being conducted.
(3)
No pistol, revolver, or other firearm capable of being concealed upon the person shall be delivered:
(a)
Within 10 days of the application for the purchase, or, after notice by the Department of Justice ("Department") pursuant to subdivision (c) of Section 12076 of the State Penal Code, within 10 days of the submission to the Department of corrected copies of the register, or within 10 days of the submission to the Department of any fee required pursuant to subdivision (d) of Section 12076 of the State Penal Code, whichever is later:
(b)
No pistol or revolver, or imitation thereof, or placard advertising the sale or other transfer thereof, shall be displayed in any part of the premises where it can readily be seen from the outside.
(c)
The permittee shall agree to and shall act properly and promptly in processing transfers of pistols, revolvers, and other firearms capable of being concealed upon the person.
(Ord. 1612 § 33, 2024)
(A) "Certificate" "Corporate massage" "Massage" "Massage establishment" "Massage technician" "Qualified massage association"(1) (2) (3) (4) (5) "Recognized school of massage" "Sheriff"
Definitions. For purposes of this Section, the following words and phrases have the following meanings:
means a certificate issued by a recognized school of massage (as defined in this Subsection (A)), certifying completion of the required curriculum in massage training.
means any massage of the neck, arms, shoulders, and back area above the waist where the client is fully clothed and in a sitting position, where the massage is: (1) administered by a licensed and permitted massage technician; (2) approved as an accessory use in a permitted location; and (3) where the massage is limited to the upper body and conducted without the use of supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in this practice.
means any method of treating the external parts of the body for remedial, health, or hygienic purposes by means of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, other similar preparations commonly used in this practice, or any other system for treatment or manipulation of the human body with or without any form of bath, such as Turkish, Russian, Swedish, Japanese, shiatsu, acupressure, vapor, shower, electric tub, sponge, mineral, fomentation or any other type of bath, including herbal body wraps.
means any establishment having a fixed place of business where any person provides or attempts to provide, engages in, conducts, carries on, or permits to be engaged in, conducted, or carried on, any business of providing massages, as defined in this Subsection (A), or health treatments involving massage as the principal function, and where more than one massage table or chair will be utilized, or more than one licensed and permitted massage technician will be on duty at any one time.
includes "masseur," "masseuse," "massage practitioner" and "massage therapist," and means any person who administers to any other person, for any form of consideration or gratuity, a massage as defined in this Section.
means any association that meets all of the following criteria:
The association is a nonprofit organization; and
The association has established, as minimum education requirements for membership, the completion of a minimum of 500 hours of education and training or its equivalent, in anatomy, physiology, hygiene, sanitation, massage therapy and practice, ethics of massage practice, first aid and CPR, from a recognized school of massage and has a written and practical testing of equivalency administered and overseen by its admission committee or by a national certification program endorsed by the National Commission for Certifying Agencies (NCCA), which is required in order to obtain membership; and
The association offers and requires participation and completion by its members of a minimum number of hours of specified continuing education as a condition of continuing membership; and
The association is open to members of the general public who meet the requirements for membership; and
The association has established rules of ethics and has enforcement procedures for the suspension or revocation of membership for violation of those rules.
means any school or institution of learning that teaches the theory, ethics, practice, profession, and work of massage, which school or institution complies with California Education Code Sections 94310 and 94311, or complies with equivalent regulations from other jurisdictions, and which requires a resident course of study before the student is furnished with a diploma or certificate of graduation. No school offering a correspondence course and not requiring actual attendance will be deemed to be a recognized school of massage. A school of massage may not provide massage services to any member of the general public for any form of compensation, gratuity, or consideration.
means the Los Angeles County Sheriff or his or her designee.
(B)
Exemptions. This Section shall not apply to the following:
(1)
The provisions of this Section that require a massage technician permit are not applicable to, and may not be construed as applying to, any of the following persons:
(a)
Physicians, surgeons, chiropractors, osteopaths, physical therapists, or any registered or licensed vocational nurse working on the premises of and under the direct supervision of a physician, surgeon, chiropractor, osteopath, or physical therapist duly licensed to practice that profession in the State of California. Practical nurses, or other persons not having a massage technician permit whether or not employed by the physician, surgeon, chiropractor, osteopath, or physical therapist, may not administer or practice massage;
(b)
State-licensed acupuncturists;
(c)
Registered nurses and licensed vocational nurses;
(d)
Coaches or trainers of amateur, semiprofessional, or professional athletes;
(e)
Barbers and beauticians, duly licensed under the laws of the State of California, while engaging in their professions; provided, however, that this exception applies solely to the massaging of the neck, scalp, and hair of the customer or client;
(2)
The provisions of this Section that require a massage establishment permit are not applicable to, and may not be construed as applying to, any of the following:
(a)
Hospitals, nursing homes, sanitariums, or other health care facilities licensed by the State of California;
(b)
Hospices, including those located in residences, that are licensed by the County of Los Angeles;
(c)
The athletic departments of accredited high schools, junior colleges, and colleges or universities whose coaches and trainers are acting within the scope of their employment;
(d)
Health fairs or similar special events that are reviewed and approved by the Director;
(e)
A health club, fitness center, gymnasium, hotel with over 100 rooms, a suntan parlor, a barber or beauty shop where massage is provided as an approved accessory use to the primary business;
(f)
Physician's, surgeon's, chiropractor's, osteopath's, or physical therapist's medical practice as an approved accessory to the primary business;
(g)
Massage establishments or businesses that are sole proprietorships, where the sole proprietor is certified pursuant to Division 2, Chapter 10.5, Section 4600 et seq. of the Business and Professions Code, and to massage establishments or businesses that employ or use only persons certified to provide massage services pursuant to Division 2, Chapter 10.5, Section 4600 et seq. of the Business and Professions Code who are practicing massage consistent with the requirements therein.
(C)
Permit Application – Massage Establishments. It is unlawful for any person to engage in, conduct, or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises within the City, the operation of a massage establishment as defined in this Section without first having obtained a permit issued by the City pursuant to the provisions of this Section. A permit is valid as provided for in PMC § 5.04.230 (Business permit – Operative), unless earlier revoked or suspended. The required permit is in addition to any business license required by this code. The application for a permit does not authorize operation of a massage establishment unless and until the permit has been issued. In addition to the information required by PMC § 5.04.140 (Business permits – Contents), all applications for a permit to conduct a massage establishment business must contain the following information, as applicable:
(1)
The nature of the ownership of the business, i.e., whether by an individual, partnership, corporation, or otherwise. If the applicant is a corporation, the name of the corporation must be set forth exactly as shown in its articles of incorporation, together with the state and date of incorporation and the names and residence addresses and telephone numbers, and business addresses and telephone numbers, of each of its current officers and directors, and of each stockholder holding more than five percent of the stock of that corporation. If the applicant is a partnership, the application must set forth the name, residence and business addresses, and telephone numbers, of each of the partners, including limited partners. If it is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the Secretary of the State. If one or more of the partners is a corporation, the provisions of this Subsection pertaining to corporations is applicable. The applicant corporation or partnership must designate one of its officers or general partners to act as its responsible managing officer. That designated person must complete and sign all application forms required for an individual applicant under this Subsection, but only one application fee will be charged;
(2)
The precise name or names under which the business of the massage establishment is to be conducted;
(3)
The business address and all telephone numbers of the massage establishment;
(4)
A list of the names, residence addresses, and telephone numbers of all proposed massage technicians and employees to be employed by the massage establishment, and the name, residence address, and telephone number of the manager or managing employee proposed to be principally in charge of the operation of the massage establishment;
(5)
A description of any other business operated on the same premises, or within the City or the State of California, that is owned or operated by the applicant;
(6)
The present address, telephone number, and the previous addresses, if any, of the applicant for the last 10 years immediately preceding the date of the permit application and the dates of each address;
(7)
Written proof of the applicant's or responsible managing officer's age, height, weight, color of hair and eyes, sex, and date of birth;
(8)
Two identification photographs at least two inches by two inches taken in the last six months and fingerprints of the applicant or the responsible managing officer;
(9)
The employment history and experience of the applicant in the massage or similar business for the last 10 years immediately preceding the date of application including, but not limited to, the massage or similar business history and experience in this City or any other city or state;
(10)
Whether the applicant has had any other permit or license issued by an agency, board, city, county, territory, or state; the date of issuance of that permit or license, and whether the permit or license was denied, revoked or suspended; or, if a vocational or professional license or permit was denied, revoked or suspended, the reason therefor;
(11)
All criminal convictions, including ordinance violations and pleas of nolo contendere, within the last 10 years, including those dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding traffic violations, and a statement as to the date and place of each such conviction and reasons therefor;
(12)
The name and address of the owner or lessor of the real property upon which the business is to be conducted. If the applicant is not the owner of the property, the application must be accompanied by a copy of the lease and a notarized acknowledgment from the owner of the property that a massage establishment will be located on that property;
(13)
Proof of matriculation from a "recognized school of massage," as defined in Subsection (A) of this Section. If the applicant is a corporation or partnership, then this proof must be supplied for the member of the corporation or partnership who will actively participate in the management of the massage establishment, and who is designated as the responsible managing officer;
(14)
Proof of membership in a "qualified massage association," as defined in Subsection (A) of this Section;
(15)
A floor plan of the massage establishment indicating all proposed tenant improvements, including the location of each room, massage table and/or chair dedicated to providing massage services. No alterations to the approved floor plan will be permitted unless and until reviewed and approved by the appropriate City departments;
(16)
Authorization for the City, its agents and employees, to seek verification of all information contained in the application;
(17)
Such other information as may be deemed necessary by the Director or the Sheriff's Department;
(18)
A statement in writing, signed and dated by the applicant, declaring under penalty of perjury that all information contained in the application is true and correct and that all provisions of this Section will be adhered to.
(D)
Massage Establishment – Permit Issuance and Denial. Upon receipt of a written application, the Director will have 60 days to conduct an investigation to ascertain whether the permit should be issued. The Director must forward a recommendation to the City Council, which has the authority to issue the permit unless it makes any of the following findings:
(1)
The applicant, if an individual, or any officers, directors, or shareholders of the corporation, if the applicant is a corporation, or any of the partners including limited partners, if the applicant is a partnership, or any person proposed to be engaged or employed in the massage establishment, has within 10 years preceding the date of the application:
(a)
Been convicted of a violation of California Penal Code Section 266(h), 266(i), 314, 315, 316, 318, or Subsection (a) or (b) of Penal Code Section 647, or any other provisions of law that require a person to register under the provisions of Penal Code Section 290, or where the prosecution accepted a plea of guilty or nolo contendere to a charge of violating Penal Code Section 415, or any lesser included offense, in satisfaction of or as a substitute for any of the previously listed crimes;
(c)
Been convicted of an offense in any other state, which offense is the equivalent of any of the above referenced offenses;
(d)
Engaged in conduct that would constitute grounds for suspension or revocation under this Section;
(f)
Been convicted of an act involving dishonesty, fraud, deceit, or moral turpitude, or an act of violence, which act or acts are related to the qualifications, functions, or duties of the applicant;
(2)
The applicant had a massage operator or massage technician permit or other similar license or permit denied or revoked for cause by a licensing authority or by any city, county, or state within 10 years prior to the date of application;
(3)
The applicant has made false, misleading, or fraudulent statement(s) or omission(s) of fact to the City in the permit application process;
(4)
The application does not contain all of the information required by Subsection (C) of this Section;
(5)
The massage establishment, as proposed by the applicant, would not comply with all applicable laws, including but not limited to health, zoning, fire, and safety requirements and standards;
(E)
Massage Establishment – General Provisions. All permittees must comply with the following conditions and any other conditions specified by the City Council in connection with the issuance of a permit:
(1)
Prior to occupancy of the massage establishment, a final inspection by the appropriate City departments and agencies will be conducted to verify compliance with the approved plans and with all applicable provisions of this Section. Ongoing operation of the massage establishment must be in conformance with this code and the zoning ordinance at all times.
(2)
No massage technician, employee, or manager may massage the genital or anal area of any patron, or the breasts of any female patron, nor may any permittee or manager of a massage establishment allow such massage. No massage technician, operator, or manager, while performing any task or service associated with the business of the massage establishment, may be present in any room with another person unless that person's genitals, anus, or, in the case of a female, her breasts, are completely covered by a fully opaque, nontransparent material.
(3)
No permittee may conduct business under any name not specified in the permit.
(4)
All massage establishments must have a manager on the premises at all times that the massage establishment is open. The permittee of the massage establishment must file a statement with the Director designating the person or persons who are authorized to act as the manager and to ensure compliance with this Section, as well as being the person to whom notices required by this Chapter may be delivered to for receipt by the permittee.
(5)
No massage establishment may be or remain open for business without having at least one massage technician on duty on the premises who holds a current valid permit.
(6)
The permittee and its designated manager(s) must ensure that the permit for each on-duty massage technician is conspicuously displayed in a location visible to the patrons, and that each massage technician is wearing the photo identification required by Subsection (J)(2) of this Section.
(7)
No permittee may employ any person as a massage technician who does not have a valid massage technician permit issued pursuant to this Section. Every permittee must report to the Director any change of employees, whether by way of new or renewed employment, discharge, or termination. The report must set forth the name of the employee and the date of hire or termination. The report must be made within five days of the hire or termination. The permittee must deliver to the Director the permit and photo identification card of any massage technician no longer employed by the permittee.
(8)
All persons employed in the massage establishment must be fully clothed at all times. Clothing must be of a fully opaque, nontransparent material and provide complete covering from mid-thigh to three inches below the collar bone.
(9)
Each permittee must conspicuously display the current massage establishment permit in a location within the massage establishment that is visible to patrons.
(10)
The permittee must comply with all provisions of this Section and all applicable provisions of this code.
(F)
Massage Establishment – Facility and Operating Requirements.
(1)
Facilities.
(a)
Structure. Massage must be conducted in a structure that is located in a zone district where that use is authorized.
(b)
Services List. Each permittee must post and maintain in a conspicuous location within the premises, a list, in English, of services available and the cost of those services. No permittee, or responsible managing officer, may permit, and no massage technician may offer or perform, any services other than those posted.
(c)
Lighting. Each permittee must provide, in each room where massage is conducted, sufficient lighting and ventilation that complies with the Uniform Building Code. The lighting in each massage room must be provided by at least one 60-watt white light bulb and must be activated at all times while a patron is in that room or enclosure. No strobe flashing lights may be used. No colored lights may be used nor may any coverings be used which change the color of the primary light source.
(d)
Bath Facilities. A minimum of one toilet and one separate wash basin must be provided for patrons in each massage establishment. The basin must provide soap or detergent and hot running water at all times and must be located within close proximity to the area devoted to the conduct of massage services. A permanently installed soap dispenser, filled with soap, and a single-service towel dispenser must be provided at the restroom hand wash sink. In addition, a separate wash basin must be provided for the use of employees. No bar soap may be used. A trash receptacle must be provided in each toilet room. Showers may be provided at the permittee's option.
(e)
Linen Storage. Closed cabinets must be provided and used for storage of clean linens, and approved receptacles must be provided for the deposit of soiled linen. All cabinets and receptacles must be clearly labeled.
(f)
Separate Rooms. If male and female patrons are to be treated simultaneously at the same massage establishment, then separate massage rooms must be provided for male and female patrons.
(g)
Maintenance. All facilities of the massage establishment must be in good repair and must be thoroughly cleaned and sanitized each day that the business is in operation. The surfaces of all walls, floors, and ceilings of each restroom and shower area, if provided, must be made smooth so as to be easily cleaned. No carpeting may be installed in any of these areas.
(h)
Massage Table. A massage table must be provided in each massage room dedicated for massage services and the massage must be performed on the massage table.
The tables must be a minimum height of 18 inches. Two-inch-thick foam pads, with a maximum width of four feet, may be used on a massage table and must be covered with durable, washable plastic or other waterproof material. Beds, floor mattresses, and waterbeds may not be used in the administration of a massage.
(2)
Operating Requirements.
(a)
Same Use. No massage establishment may operate as a school of massage, or use the same facilities that are used by a school of massage.
(b)
Equipment. Each permittee must provide and maintain adequate equipment for disinfecting and sterilizing any instruments used in massage. Instruments used in performing massage may not be used on more than one patron unless they have been sterilized using approved sterilizing methods.
(c)
Inspections. The permittee must consent to the inspection of the massage establishment by the City's Division of Building and Safety, Code Enforcement Department, Fire Department, Sheriff's Department, and the County Health Department for the purpose of determining that the provisions of this Section, and all other applicable laws or regulations, are met. Routine inspections may not exceed more than two each year, unless violations are found or complaints are received. During the inspection, verification of the identity of all on-duty massage technicians may occur. Inspections of the massage establishment may be conducted at any time the business is in operation or at any other time that employees are on the premises.
(d)
Linen. Common use of towels or linen may not be permitted. Towels and linen must be laundered or changed promptly after each use. Separate enclosed cabinets with doors or covers must be provided for the storage of clean and soiled linen and must be plainly marked "Clean Linen" and "Soiled Linen."
(e)
Living Quarters Prohibited. No person may be permitted to reside within any massage establishment at any time. No kitchen facilities may be provided within any massage establishment, and no food of any kind may be prepared for sale or sold in the massage establishment. The sale of prepackaged herbs and lotions is permitted; provided, that no more than 10 percent of the floor area is dedicated for that use.
(f)
Alcoholic Beverages/Drugs. No person may enter, or remain in, any part of a massage establishment while in possession of, consuming, using, or under the influence of, any alcoholic beverage or controlled substance. The permittee and manager are responsible for ensuring that no such person enters or remains upon the premises of the massage establishment. Service or possession of alcoholic beverages by the establishment or any other person on the premises of the establishment, including the area beyond the reception area, is prohibited.
(g)
Recordings. No electrical, mechanical, or other device may be used by the permittee or any employee of a massage establishment for audio or video recording, or for monitoring the conduct of a massage or any conversation or other sounds in the massage rooms.
(h)
Employee Records. The permittee or manager of the massage establishment must keep a complete and current list of the names and residence addresses of all massage technicians and employees of the massage establishment, and the name and residence addresses of the manager or managing employee who is designated to be primarily in charge of the operation of the massage establishment. This roster must be kept on the premises for immediate inspection by officials charged with enforcement of this Section.
(i)
Coverings. Each massage establishment must provide to all patrons clean, sanitary, and opaque nontransparent coverings capable of covering the patron's specified anatomical areas, including the genital area, anus, and female breasts. No common use of these coverings is permitted, and reuse of these coverings is prohibited unless properly cleaned.
(j)
Client Records. Every massage establishment must require all patrons to print and sign a register book in a legible manner. Records must be kept of the dates and hours of each massage treatment or service, the name and address of the patron, the name of the massage technician administering that service, and a description of the massage treatment or service rendered. A short medical history form must be completed by the permittee to determine whether the patron has any physical condition which may be adversely affected by the massage. These records must be prepared prior to administering any massage or treatment and must be retained on the premises for a period of 24 months after the treatment or service. These records must be open to immediate inspection only by officials charged with enforcement of this Section and for no other purpose. Any unauthorized disclosure or use of that information by any officer or employee of the City constitutes a misdemeanor.
(k)
Hours of Operation. No person may operate a massage establishment or administer a massage in any massage establishment, or as an accessory use, between the hours of 10:00 p.m. and 7:00 a.m. A massage that is commenced anytime before 10:00 p.m. must nevertheless terminate at 10:00 p.m. All customers, patrons, and visitors must be excluded from the massage establishment or the massage area between 10:00 p.m. and 7:00 a.m.
(l)
Advertising. No massage establishment or other business that is issued a permit under this Section may place, publish, distribute, or cause to be placed, published or distributed, any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective clients or customers that any service is available other than those services described in this section, nor may any massage establishment employ language in the text of that advertising that would reasonably suggest to a prospective patron that any service is available other than those services authorized by this Section.
(m)
Persons with Disabilities. All massage establishments must comply with all State and Federal laws and regulations relating to persons with disabilities.
(n)
Doors. All front, reception, hallway, or front exterior doors (except back or rear exterior doors used for employee entrance to and exit from the massage establishment) must remain unlocked during business hours. No massage may be given within any cubicle, room, booth, or any other area within a massage establishment that is fitted with a door capable of being locked, unless the only door is an exterior door.
(o)
Tinted or "One-Way" Glass. No massage establishment may be equipped with tinted or "one-way" glass in any room, office, or store front window.
(3)
Exception. The provisions of this Subsection, facility and operating requirements for a massage establishment, are not applicable to and may not be construed as applying to massage establishments or businesses that are sole proprietorships or to massage establishments or businesses that employ or use only persons certified to provide massage services pursuant to Division 2, Chapter 10.5, Section 4600 et seq. of the Business and Professions Code and who are practicing massage consistent with the requirements therein.
(G)
Change of Management or Ownership.
(1)
Every permittee of a massage establishment must immediately report to the Director any change of ownership or management of the massage establishment, including, but not limited to, the change of manager or other person primarily in charge, a change in the mailing address of the owner, permittee, manager, or other person primarily in charge, a change in stockholders holding more than five percent of the stock of the corporation, changes in officers, directors or partners, changes in the mailing address of the officers, directors or partners, any change of name, style, or designation under which the business is to be conducted, and all changes of address or telephone numbers of the massage establishment. A change in the location of any premises will require a new application for a massage establishment.
(2)
No massage establishment permit may be sold, transferred, or assigned by a permittee, or by operation of law, to any other person or persons. Any such sale, transfer, or assignment, or attempted sale, transfer, or assignment, will be deemed to constitute a voluntary surrender of that permit, and that permit will thereafter be null and void; provided, however, that if the permittee is a partnership, and one or more of the partners dies, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of the permit, and, in such case, upon notification to the Director, the permit will be placed in the name of the surviving partners. A massage establishment permit issued to a corporation will be terminated when either: (a) any outstanding stock of the corporation is sold, transferred, or assigned after the issuance of a permit; or (b) any stock authorized but not issued at the time of the granting of the permit is thereafter issued, sold, transferred, or assigned. No massage technician permit may be sold, transferred, or assigned by a permittee, or by operation of law, to any other person or persons.
(H)
Permit Application – Massage Technicians. No person may perform or administer a massage, or advertise to provide massage services in the City, without first obtaining a permit issued by the City pursuant to the provisions set forth below. A permit is valid as provided for in PMC § 5.04.230 (Business permit – Operative), unless earlier revoked or suspended. The required permit is in addition to any business license required by this code. In addition to the information required by PMC § 5.04.140 (Business permits – Contents), an application for a massage technician permit must include the following information, as applicable:
(1)
The primary business location at which the applicant will be working as a massage technician, including the full name of the business, street address, and all telephone numbers associated with that business location. If the massage technician will be providing massage at more than one location, the primary business location must be identified as well as all other locations, including the names, addresses, and telephone numbers of those other locations;
(2)
The full true name and any other name used by the applicant;
(3)
The present address and telephone number, and all previous addresses of the applicant for the last 10 years immediately prior to the date of application;
(4)
Written proof of the applicant's age, height, weight, sex, color of eyes and hair, and date of birth;
(5)
Two identification photographs at least two inches by two inches taken in the last six months, and the applicant's fingerprints;
(6)
The employment history or experience of the applicant in the massage or similar business for the last 10 years immediately preceding the date of application, including, but not limited to, the massage or similar business history and experience in this City or any other city or state;
(7)
Whether the applicant has had any other permit or license as a massage technician issued by an agency, board, city, county, territory, or state; the date of issuance of that permit or license, and whether the permit or license was denied, revoked or suspended, and the reason therefor. That information must include the business activity or occupation engaged in by the applicant subsequent to any suspension or revocation;
(8)
All criminal convictions, including ordinance violations and pleas of nolo contendere, within the last 10 years, including those dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding for traffic violations, and a statement as to the date and place of each such conviction and reasons therefor;
(9)
Documentation of the applicant's experience as a practicing massage technician, as applicable;
(10)
Proof of matriculation from a "recognized school of massage," as defined in Subsection (A) of this Section;
(11)
Proof of membership in a "qualified massage association," as defined in Subsection (A) of this Section;
(12)
Authorization for the City, its agents, and employees, to seek verification of all information contained in the application;
(13)
Such other information as may be deemed necessary by the Director or the Sheriff's Department;
(14)
A statement in writing, signed and dated by the applicant, declaring under penalty of perjury that all information contained in the application is true and correct and that all provisions of this Section will be adhered to.
(I)
Massage Technician – Permit Issuance and Denial. Upon receipt of a written application, the Director will have 60 days to conduct an investigation to ascertain whether the permit should be issued. The Director must forward a recommendation to the City Council, which has the authority to issue the permit unless it makes any of the following findings:
(1)
The applicant has, within 10 years preceding the date of the application, been convicted of any of the following:
(a)
A violation of California Penal Code Section 266(h), 266(i), 314, 315, 316, 318, or Subsection (a) or (b) of Penal Code Section 647, or any other provisions of law that require a person to register under the provisions of Penal Code Section 290, or where the prosecution accepted a plea of guilty or nolo contendere to a charge violating Penal Code Section 415, or any lesser included offense, in satisfaction of or as a substitute for any of the previously listed crimes;
(c)
Conviction for an offense in any other state, which offense is the equivalent of any of the above referenced offenses;
(2)
The applicant has been convicted of an act involving dishonesty, fraud, deceit, or moral turpitude, or an act of violence, which act or acts are related to the qualifications, functions, or duties of a massage technician;
(3)
The applicant has had a massage operator or massage technician permit or other similar license or permit denied or revoked for cause by a licensing authority or by any city, county, or state within 10 years prior to the date of application;
(4)
The applicant has made false, misleading or fraudulent statement(s) or omission(s) of fact to the City in the permit application process;
(J)
Massage Technicians – General Provisions. All massage technicians must comply with the following conditions and any other conditions specified by the City Council in connection with the issuance of a permit:
(1)
No massage technician may massage the genital or anal area of any patron, or the breasts of any female patron. No massage technician, while performing any task or service associated with the massage business, may be present in any room with another person unless that person's genitals, anus, or, in the case of a female, her breasts, are completely covered by a fully opaque nontransparent material.
(2)
The massage technician must wear a photo identification card issued by the City at all times when acting as a massage technician in the massage establishment or other approved place of business. The identification card must be worn on the outer clothing with the photo side facing out. If a massage technician changes his or her business address, he or she must, prior to that change, obtain from the Director a new photo identification card and advise the Director in writing of the new business address.
(3)
Massage technicians may not perform any massage at any location other than the location specified in the permit.
(4)
While on duty, the massage technician may not use any name other than that specified on the photo identification card.
(5)
Massage technicians must be fully clothed at all times. Clothing must be of a fully opaque, nontransparent material and provide complete covering from mid-thigh to three inches below the collar bone.
(6)
The massage technician must consent to the inspection of the entire massage establishment, including occupied and unoccupied massage rooms or other areas, by the City's Division of Building and Safety, Code Enforcement Department, Fire Department, Sheriff's Department, and the Health Department for the purpose of determining that the provisions of this Section and other applicable laws or regulations are met.
(7)
No massage technician permit may be sold, transferred, or assigned by a permittee, or by operation of law, to any other person or persons.
(8)
The massage technician must comply with all provisions of this Section and any applicable provisions of this code.
(K)
Corporate Massage Businesses.
(1)
Any person desiring to perform corporate massage, as defined in Subsection (A) of this Section, must first be conducting business at a fixed location that has a massage establishment permit or that is authorized to provide massage as an accessory use.
(2)
Corporate massage may be performed only by a person who possesses a valid massage technician permit issued by the City.
(3)
The massage technician or massage establishment offering corporate massage must have a signed contract for service at each location where the service is to be provided, and copies of all contracts must be provided to the City for review upon submittal of the business permit application. The contract must specify the location, days, and times the service is to be offered.
(4)
Corporate massage must be conducted at a commercial or industrial place of business and must be administered only to the employees of that business.
(5)
Corporate massage must be provided only in a public area, to which all employees are provided free access.
(6)
Corporate massage must be offered at a specified time and day at each location and may not be offered at any other time. In no event may corporate massage be permitted or offered between the hours of 9:00 p.m. and 7:00 a.m.
(L)
Fees.
(1)
The City Council will establish by resolution, and may from time to time amend, the fees for the administration of this Section. Fees required by that resolution are in addition to any other fees required under other sections of this code.
(M)
Existing Permits/Compliance.
(1)
Commencing on the effective date of the ordinance amending this section, permits will be issued pursuant to the provisions of this Section.
(2)
All persons holding existing massage establishment permits or massage technician permits will have one year from the effective date of the ordinance amending this section to comply with all requirements of this Section.
(N)
Duration of Permits.
(1)
Permits for massage establishments and massage technicians will be renewed to coincide with the duration of permits issued as provided for in PMC § 5.04.230 (Business permit – Operative); provided, that the applicant continues to meet the requirements of this Section.
(2)
A renewal application for an existing permit must be filed with the Director before the expiration date of the existing permit. Temporary permits will not be issued, and renewal applications must be filed no later than 60 days prior to the expiration of the permit to prevent a lapse of the permit.
(3)
Renewal applications will require such information as may be required by the Director to update the information contained in the original permit application and to conduct an investigation to ascertain whether a renewal should be issued. The Director must forward a recommendation to the City Council, which has the authority to renew a permit, as provided for in Subsections (D) and (I) of this Section. The appropriate filing fee must accompany the application for renewal.
(O)
Suspension, Revocation, and Nonrenewal.
(1)
Revocation, Suspension, and Nonrenewal of an Operator's Permit.
(a)
The City Council may suspend a massage establishment permit for a period of 30 days for each violation of the provisions of Subsection (E) or (F) of this Section or on the grounds that the applicant or permittee has failed to comply with any of the permit conditions or other requirements of this Section as determined by the Director and recommended to the City Council by the Director. If a suspended permit lapses during the suspension period, a new application must be filed at the end of the suspension period.
(b)
The City Council may revoke or refuse to renew a massage establishment permit under the following circumstances: (i) facts exist that would support findings for denial of a permit under any provision of Subsection (D) of this Section; or (ii) there is a subsequent violation of any provision of Subsection (E) or (F) of this Section within one year following suspension of the permit under Subsection (O)(1)(a) of this Section; or (iii) the permittee has demonstrated its inability to operate or manage the massage establishment in a lawful manner, thereby necessitating one or more responses by law and/or code enforcement, including officials from the City's Division of Building and Safety, Code Enforcement Department, Fire Department, Sheriff's Department and the Health Department.
(c)
The Director must notify the applicant, permittee, or manager in writing, delivered either by personal service or by certified mail, addressed to the business or residence address of the applicant, permittee, or manager with a notice of intent to suspend, revoke or refuse to renew a permit. This notice must state the reasons for the recommendation and date the City Council will consider the recommendation.
(2)
Revocation, Suspension, and Nonrenewal of a Massage Technician's Permit.
(a)
The City Council may suspend a massage technician permit for a period of 30 days for each violation of the provisions of Subsection (J) of this Section or on the grounds that the applicant or permittee has failed to comply with any of the permit conditions or other requirements of this Section as determined by the Director and recommended to the City Council by the Director. If a suspended permit lapses during the suspension period, a new application must be filed at the end of the suspension period.
(b)
The City Council may revoke or refuse to renew a massage technician permit under the following circumstances: (i) facts exist that would support findings for denial of a permit under any provision of Subsection (I) of this Section; or (ii) there is a subsequent violation of any provision of Subsection (J) of this Section within one year following suspension of the permit under Subsection (O)(2)(a) of this Section; or (iii) the permittee has demonstrated its inability to conduct massage services within a massage establishment in a lawful manner, thereby necessitating one or more responses by law enforcement officers.
(c)
The Director must notify the applicant or permittee in writing, delivered either by personal service or by certified mail, addressed to the business or residence address of the applicant or permittee, with a notice of intent to suspend, revoke or refuse to renew a permit. This notice must state the reasons for the recommendation and date the City Council will consider the recommendation.
(3)
Notice.
(a)
If the City Council determines that grounds exist for the suspension, revocation, or nonrenewal of a permit, the Director must serve the applicant, permittee, or manager in writing, delivered either by personal service or by certified mail, addressed to the business or residence address of the applicant, permittee, or manager, with a notice of denial or notice of suspension, revocation or refusal to renew permit. This notice must state the reasons for the action and the effective date of the decision.
(4)
Violation and Penalty.
(a)
Every person, who is subject to this section, and who violates any of the provisions of this Section by administering a massage, or by operating a massage establishment, or by advertising the availability of massage, without first obtaining a permit and a business license from the City to do so, or who violates any other provisions of this Section is guilty of a misdemeanor.
(b)
Any massage establishment that is operated, conducted, or maintained contrary to the provisions of this Section may be declared to be unlawful and a public nuisance, and the City, in addition to or in lieu of prosecuting a criminal action, may commence an action or proceeding to abate that public nuisance in the manner provided by law, and to restrain and enjoin any person from operating, conducting, or maintaining a massage establishment contrary to the provisions of this code.
(Ord. 1612 § 34, 2024)
(A) "Builders' tools" "Coin dealer" "Pawnbroker" "Secondhand dealer" "Tangible personal property"
Definitions. For purposes of this Section, the following terms shall have the following meanings:
means all tools customarily used in the construction, alteration, or repair of buildings.
means any person, firm, partnership, or corporation whose principal business is the buying, selling, and trading of coins, monetized bullion, or commercial-grade ingots of gold, or silver, or other precious metals.
means any person engaged in the business of receiving goods, including motor vehicles, in pledge as security for a loan.
means and includes any person, copartnership, firm, or corporation whose business includes buying, selling, trading, accepting for sale or consignment, accepting for auctioning, or auctioning secondhand tangible personal property. A "secondhand dealer" does not include a coin dealer or participants at gun shows or events, as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, or its successor, who are not required to be licensed pursuant to Section 12071 of the Penal Code, who are acting in compliance with the requirements of Section 12070 and subdivision (d) of Section 12072 of the Penal Code, and who are not gun show traders, as described in paragraph (5) of subdivision (b) of Section 12070 of the Penal Code.
has the same meaning as set forth in Section 21627 of the Business and Professions Code of the State of California.
(B)
Application Information. In addition to the information required by PMC § 5.04.140 (Business permits – Contents), every applicant for a business permit to operate as a pawnbroker or a secondhand dealer shall provide the following information, as applicable:
(1)
The applicant's age, height, weight, sex, and color of hair and eyes;
(2)
The applicant's current address and prior addresses within the 12 months preceding the date of the application;
(3)
Whether the applicant has ever conducted a similar business in the City or elsewhere and the name under which the applicant conducted such similar business;
(4)
Fingerprints and photographic identification, as defined in PMC § 1.04.100 (Photographic identification); and
(5)
A copy of the applicant's current secondhand dealer or pawnbroker license issued by the State of California.
(6)
Security Plan Required. The applicant shall submit a security plan. The plan should detail systems that the tenant intends on installing to protect patrons, visitors, employees, and company property/assets on site. The plan shall address issues such as safes to be installed, alarm systems, deployment of any security personnel, funds-transportation measures, hours of operation, shift personnel staffing, CCTV applications, type of loss-prevention/crime-prevention training provided to employees, and any other applicable measures.
(C)
Operating Requirements.
(1)
Hours of Operation. No pawnbroker or secondhand dealer, nor any employee thereof, shall accept any pledge, or loan any money for personal property, or purchase or receive any goods, wares or merchandise, or any article or thing, or in any manner whatsoever engage in or conduct business as a pawnbroker or secondhand dealer between the hours of 7:00 p.m. of any day and 7:00 a.m. of the following day.
(3)
Any business who buys or receives as a pledge any builders' tools, as defined by this Section, shall comply with Sections 21550 et seq. of the Business and Professions Code.
(4)
Disposal of Property. Every permittee under this section shall be subject to and shall comply with the requirements of State law for holding and inspection of property.
(Ord. 1612 § 35, 2024)
(A) "Cart" "Certified farmers' market" "Roaming sidewalk vendor" "Sidewalk vendor" "Stationary sidewalk vendor" "Swap meet" "Vend" or "vending"
Definitions. As used in this Section, the terms listed below shall have the following meaning assigned to them:
means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.
means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.
means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path. Sidewalk vendors include roaming sidewalk vendors and stationary sidewalk vendors.
means a sidewalk vendor who vends from a fixed location.
means operating as a sidewalk vendor.
(B)
Applicability. The requirements of this Chapter shall not apply to the following persons:
(C)
Business License and Special Business Permit Required.
(1)
No person shall operate as a sidewalk vendor without first obtaining, and at all times maintaining, a valid City business license in accordance with PMC § 5.04.050 (Permits required) and related Sections of this Chapter, and complying with all requirements of the business license, unless such person qualifies for an exemption under this Chapter.
(2)
No person shall operate as a sidewalk vendor without first obtaining, and all times maintaining, a special business permit in accordance with this Section and complying with all requirements of the permit.
(3)
The special business permit shall be valid for one year unless revoked or suspended prior to expiration. An application to renew a special business permit under this Section shall be made not less than 30 days prior to the expiration of the current permit. A valid business license shall be applied for or renewed concurrently with the special business permit each year.
(4)
A separate business license and special business permit shall be required for each cart.
(D)
Requirements for Permit Application. An application for a special business permit for sidewalk vending shall include all of the following, to the extent applicable:
(1)
The name, address, and telephone number of the applicant and each person who will operate the cart.
(2)
A photo identification of the applicant and each person who will operate the cart.
(3)
A description of the cart, including the dimensions of the cart, and a photograph of the cart.
(4)
A complete list of the food or merchandise to be sold.
(5)
If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal.
(6)
The vendor's California seller's permit number (California Department of Tax and Fee Administration sales tax number).
(7)
A City of Palmdale business license.
(8)
A copy of any license or permit required from any other State or local agency that is required by law, including, but not limited to, a copy of any required permit from the County Health Department, if required.
(9)
A certification by the applicant that to his or her knowledge and belief, the information contained in the application is true.
(E)
Identification Numbers – Confidentiality. Notwithstanding any other requirement in this code, an applicant for a business license or special business permit to operate as a sidewalk vendor shall not be required to submit a social security number for the issuance of such license or permit. In lieu of an otherwise required social security number, the City shall accept a California driver's license or identification number, an individual taxpayer identification number, or a municipal identification number along with the permit application, which must be provided at the time of application. Identification numbers submitted under this Section shall not be made available to the public for inspection, shall be treated as confidential, and shall not be disclosed except as required to administer the license or permit program or to comply with a State law or State or Federal court order.
(F)
Operational Standards.
(1)
Each cart used by a sidewalk vendor must display a valid special business permit sticker at all times, which shall be issued by the City.
(2)
All sidewalk vendors shall comply with the terms and conditions of the special business permit and shall not sell any food or merchandise that was not listed in the special business permit application.
(3)
No stationary sidewalk vendor may operate in any residential zone; however, roaming sidewalk vendors shall not be prohibited from operating in such zones.
(4)
In order to preserve the peace, safety, and tranquility of residential neighborhoods, no roaming sidewalk vendor may operate in any residential zone earlier than sunrise or later than sunset.
(5)
In order to prevent obstructions of the public right-of-way, the total display area footprint of the cart, including the cart itself and any accompanying display, signage, or related items, shall not exceed a length of 72 inches, a width of 54 inches, or a height, including roof, awning, or canopy, of 78 inches.
(6)
In order to prevent obstructions of the public right-of-way, no sidewalk vendor may set up or allow the use of an additional structure, including a table, crate, carton, or rack, to increase the selling or display capacity of the cart unless such items are explicitly allowed in the special business permit obtained by the sidewalk vendor.
(7)
In order to preserve sanitary conditions in all public rights-of-way, all sidewalk vendors shall provide a trash receptacle for customers and must ensure proper disposal of customer and vendor trash. The trash receptacle must be large enough to accommodate customer trash without resort to existing trash receptacles located on any block for use by the general public. A sidewalk vendor may not dispose of customer trash in existing trash receptacles on sidewalks.
(8)
In order to preserve sanitary conditions in all public rights-of-way, all sidewalk vendors shall maintain a clean and trash-free area, including a sanitized and neat appearing cart, within a 10-foot radius around the vendor's cart during hours of operation and shall ensure that such area is clean and trash-free before relocating or closing.
(9)
In order to prevent damage to public property and prevent obstructions of the public right-of-way, no cart may be chained or fastened to any pole, sign, tree, or other object in the public right-of-way.
(10)
In order to preserve the safety of the public, and prevent misuse of carts, no cart may be left unattended at any time.
(11)
In order to preserve the safety of the public, to prevent misuse of carts, and to prevent obstructions of the public right-of-way, no cart may be stored, parked, or left overnight on any public street or right-of-way, or in any public park or other public property.
(12)
In order to preserve the safety of vehicular travelers, no sidewalk vendor may solicit business from or conduct business with persons in motor vehicles.
(13)
In order to preserve the safety of vehicular travelers and pedestrians, and to preserve public peace and welfare, no cart may be outfitted with any equipment, signage, or mechanism that endangers or detracts from the health, safety, or welfare of the public by causing an excessive distraction to motorists or interfering with nearby residences, business, or pedestrians including, but not limited to, sound amplification, flashing lights, smoke, steam, bubbles, gas-powered generators, or excessive fumes.
(14)
In order to preserve the safety of vehicular travelers and pedestrians, any cart operated before sunrise or after sunset, or in location with insufficient lighting, shall be equipped with sufficient lighting or reflectors to alert pedestrians and vehicular travelers to the presence of the cart.
(15)
In order to prevent obstructions of the public right-of-way, all signage related to the vending operation shall be affixed to the cart, or otherwise shall be in compliance with the zoning code.
(G)
Location of Carts. In order to ensure access to public rights-of-way by pedestrians and emergency personnel, and avoid interference with vehicular traffic, certified farmers' markets, swap meets, and City-permitted special events, sidewalk vendors shall not operate in the following areas of the public right-of-way:
(1)
Any area other than a public sidewalk or pedestrian path.
(2)
Within 15 feet of a fire hydrant, fire call box, or other emergency facility.
(3)
Within 10 feet of an entrance to, or emergency exit of, any building or business during the hours that the building or business is open to the public.
(4)
Within 15 feet of the outer edge of a driveway or driveway apron.
(5)
Within 15 feet of a transit stop.
(6)
Adjacent to any marked loading zone or bus zone.
(7)
Within five feet of a curb return.
(8)
Any location that would impede entering or exiting a parked vehicle.
(9)
Any location that impedes the flow of pedestrian traffic by reducing the clear space to less than four feet or impedes access to or the use of abutting property, including, but not limited to, residences and places of business.
(10)
Within 100 feet in any direction of the nearest vendor or concessionaire participating in a certified farmers' market or swap meet during the operating hours of the certified farmers' market or swap meet.
(11)
Within 100 feet of a City-permitted special event including, but not limited to, parades, concerts, and movie filmings, unless vendor has received a permit to vend as part of the event. For moving events, vending shall be prohibited within 100 feet of any portion of the approved event route. For stationary events, vending shall be prohibited within 100 feet of the parcel boundary for the location of the event.
(12)
Within 200 feet of any public or private school grounds between 7:00 a.m. and 4:00 p.m. on school days, and during any other time when in use and creating high vehicular traffic, such as uses for major sporting events.
(13)
Upon or within any roadway, median strip, or dividing section.
(14)
Any public sidewalk location when the straight path would not allow for 48 inches, or as the law updates, of clear width walking space of any sidewalk to be in compliance with Americans with Disabilities Act (ADA) regulations.
(15)
Any public sidewalk where there is a 180 degree turn path for sidewalk ramps and corner curbs when the location would not allow for 42 inches approaching the turn, 48 inches at the turn, and 42 inches leaving the turn, or as the law updates, of clear width walking space of any sidewalk to be in compliance with ADA regulations.
(H)
Special Requirements for the Sale of Food. All sidewalk vendors that prepare or sell food must be in compliance with all County and State permitting and licensing requirements for the preparation or sale of food.
(I)
Penalties. For purposes of this Section, "sidewalk vending program" refers to the provisions of Subsections (F) through (H) of this Section and PMC § 8.24.210 (Vending), inclusive, and the requirement to obtain a special business permit pursuant to Subsection (C)(2) of this Section (Sidewalk Vending – Business License and Special Business Permit Required).
(1)
A violation of any provision in Subsections (F) through (H) of this Section and PMC § 8.24.210 (Vending), inclusive, may only be punished by the following:
(a)
An administrative fine not exceeding $100.00 for a first violation.
(b)
An administrative fine not exceeding $200.00 for a second violation within one year of the first violation.
(c)
An administrative fine not exceeding $500.00 for each additional violation within one year of the first violation.
(d)
Rescission of the sidewalk vendor's special business permit for the term of that permit upon the fourth violation or subsequent violations.
(2)
Vending without a special business permit may be punished by the following:
(5)
Notwithstanding any other provision of this code, neither a violation of the sidewalk vending program as codified in Subsections (F) through (H) of this Section and PMC § 8.24.210 (Vending), inclusive, nor a failure to pay an administrative fine imposed by Subsection (I)(1) or (2) of this Section shall be punishable as an infraction or misdemeanor.
(6)
Any person who receives an administrative fine under Subsection (I)(1) or (2) of this Section shall have the right to request an ability-to-pay determination.
(a)
The City shall give any such person written notice of his or her right to request an ability-to-pay determination as well as instructions and other materials for requesting an ability-to-pay determination at the time that the administrative fine citation is issued.
(b)
A right-to-pay determination may be requested at any time following the issuance of the administrative fine citation until the fine is paid, including when payment of the fine is delinquent or has been referred to a collection program.
(c)
Upon receipt of a request for an ability-to-pay determination, the City manager or his or her designee shall determine whether such person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code. The determination of the City Manager or his or her designee shall be final.
(7)
The City Manager may, in his or her discretion, allow a person who receives an administrative fine under Subsection (I)(1) or (2) of this Section to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.
(8)
Nothing in the Chapter shall be construed to limit the City's ability to enforce, or remedies for enforcing, laws of general applicability or other provisions of this code against sidewalk vendors, or to take any other enforcement actions against sidewalk vendors that are not prohibited by State or Federal law, or which are allowed by this code.
(Ord. 1612 § 36, 2024)
(A)
Purpose and Intent. It is the City's responsibility to promote the health, peace, safety, welfare, and convenience of all persons in regards to their use and enjoyment of public lands. The City Council finds it necessary to regulate mobile vending for this purpose while ensuring that all such regulations comport with applicable law.
Reasonable regulations are necessary to ensure that mobile vending is operated in accordance with health, safety and traffic laws of the State and the parking ordinances of the City; do not cause public safety problems by contributing to traffic congestion or by creating pedestrian and vehicular conflicts; and do not disturb the quiet use and peaceful enjoyment of residential neighborhoods. The regulations in this Section are enacted to ensure consistency with State law, including Section 22455 of the California Vehicle Code related to ice cream truck vending and California Health and Safety Code Section 114315 et seq. (the "California Retail Food Code") for food handling, as each may be amended.
(B) "Food establishment" "Goods or merchandise" "Human powered device" "Ice cream truck" "Mobile food truck" "Pedestrian solicitor" "Person" "Public property" "Vehicle" "Vehicle operator" "Vend" or "vending" "Vendor"
Definitions. As used in this Section, the terms listed below shall have the following meaning assigned to them:
means any restaurant or grocery store with a permanent storefront location.
means and includes items and tangible things and products of every kind and description, including any food, produce, and/or beverage items.
means any device moved by human power, including, but not limited to, any pushcart, wagon, bicycle, tricycle, or other wheeled device or conveyance.
means any motor vehicle requiring license from the California Department of Motor Vehicles which is used to vend at retail:
means a motorized vehicle or mobile food unit that should be licensed by the California Department of Motor Vehicles (whether licensed or not), designed and equipped to prepare, or serve, and sell food, and temporarily stored in a location where food items are sold to the general public.
means a person vending goods or merchandise from their person without the use of a vehicle.
means any natural person, firm, partnership, association, corporation, or other entity of any kind or nature.
means any real property, or interest therein, owned, leased, operated, or otherwise controlled by the City other than a street, alley, parkway, or sidewalk.
means a motorized vehicle or mobile food unit that should be licensed by the California Department of Motor Vehicles (whether licensed or not), designed and equipped to prepare, or serve, and sell food, and temporarily stored in a location where food items are sold to the general public as well as any trailer or other similar apparatus that can be attached to a motorized vehicle whether attached at the time of vending or not, and shall not include any human powered device and shall include an ice cream truck and mobile food truck.
means any person or entity owning a 10 percent or greater interest in, or operating or otherwise controlling, any business involving the vending of goods or merchandise from a vehicle.
means the sale or offering for sale of any goods or merchandise to the public by a vehicle operator or pedestrian solicitor on a public street, private street open to the public, or other public property.
means any pedestrian solicitor or any vehicle operator, and/or any employee, independent contractor, or other person acting on behalf of or for the benefit of a pedestrian solicitor or vehicle operator, who engages in the act of vending.
(C)
Applicability. This Section is intended to apply to all vending at any locations within the City. However, it does not apply in the following circumstances:
(1)
Sidewalk vending described in PMC § 5.04.460 (Sidewalk vending) if all legal requirements therein are met.
(2)
Contractual or other private arrangement between a vendor and an individual or entity that wishes to have food catered to a specific location on private land and which is not open to the public, subject to the following: the vendor shall possess and at all times display in conspicuous view upon their vehicle, in connection with a vehicle operator, or upon their person, in connection with a pedestrian solicitor, a copy of the contractual document or other private arrangement detailing the terms of the agreement along with the name and contact information of the individual or entity that agreed to have food catered on private lands.
(3)
Any person delivering any goods or merchandise by vehicle where such goods or merchandise have been ordered in advance for such delivery from any business located at a permanent location.
(4)
Any person vending where such person has been authorized to engage in such activity by a permit, lease, real property license, agreement, or other entitlement issued by the City, State or Federal government for such purpose.
(5)
Any person exempted from the provisions of this Chapter by any local, State, or Federal law, regulation, or statute.
(D)
Vehicle Operator and Pedestrian Solicitor Permits. Any person desiring to obtain a vehicle operator's permit to conduct or otherwise operate the business of vending goods or merchandise from a vehicle pursuant to this Chapter shall file an application with the Business License Division. Such application shall be accompanied by a nonrefundable application fee in such amount as established by resolution of the City Council. Any such permit shall be valid for one year from date of issuance. The permit may be renewed annually, subject to filing of a new application and payment of a new application fee.
(1)
Vehicle Operator. Each permit applicant for a vehicle operator permit shall furnish the following information and documentation in the application:
(a)
The street address where the office of the business is or will be located;
(b)
The full, true name under which the business will be conducted;
(c)
The full, true name and any other names used by the applicant along with a copy of a corresponding California driver's license or identification number, an individual taxpayer identification number, or a municipal identification number. Identification numbers submitted under this Section shall not be made available to the public for inspection, shall be treated as confidential, and shall not be disclosed except as required to administer the permit program or to comply with a State law or State or Federal court order;
(d)
The present residence and business addresses and telephone numbers of the applicant, each 10 percent or greater owner of the business, and all persons who will act as a vendor for the applicant, whether as an employee, contractor, or otherwise;
(e)
A detailed description of the goods or merchandise which the applicant will vend;
(f)
The make, body style, year, VIN number, State license plate number, names and addresses of each registered and legal owner of each vehicle and a copy of a valid vehicle registration for the subject vehicles;
(g)
A description of the logo, color scheme, insignia, and any other distinguishing characteristics identifying applicant's business that will appear on each vehicle;
(h)
The name, residential address, and telephone number of the applicant and individuals primarily responsible for managing the day-to-day operation of the vending business and/or performing any vending on behalf of the operator along with an email and cellular number for such individuals;
(i)
Evidence of compliance with the insurance requirements of the Vehicle Code as to each vehicle; and
(j)
The details of any known contractual or other private arrangement between a mobile food truck and an individual or entity that wishes to have food catered to a specific location on private land and which is open to the public. If this Section is applicable, the permit application shall include the name and contact information of the individual or entity that wishes to have food catered on private lands as well as a copy of the contractual document or other private arrangement detailing the terms of the agreement.
(2)
Pedestrian Solicitor. Each permit applicant for a pedestrian solicitor permit shall furnish the following information and documentation in the application:
(a)
The street address where the office of the business is or will be located;
(b)
The full, true name under which the business will be conducted;
(c)
The full, true name and any other names used by the applicant along with a copy of a corresponding California driver's license or identification number, an individual taxpayer identification number, or a municipal identification number. Identification numbers submitted under this Section shall not be made available to the public for inspection, shall be treated as confidential, and shall not be disclosed except as required to administer the permit program or to comply with a State law or State or Federal court order;
(d)
The present residence and business addresses and telephone numbers of the applicant, each 10 percent or greater owner of the business, and all persons who will act as a vendor for the applicant, whether as an employee, contractor, or otherwise;
(e)
A detailed description of the goods, merchandise, or services which the applicant will vend;
(f)
The name, residential address, and telephone number of the applicant and individuals primarily responsible for managing the day-to-day operation of the vending business and/or performing any vending on behalf of the pedestrian solicitor along with an email and cellular number for such individuals; and
(g)
The details of any known contractual or other private arrangement between a pedestrian solicitor and an individual or entity that wishes to have food catered to a specific location on private land and which is open to the public. If this Section is applicable, the permit application shall include the name and contact information of the individual or entity that wishes to have food catered on private lands as well as a copy of the contractual document or other private arrangement detailing the terms of the agreement.
(3)
The Business License Division shall be authorized to investigate the truth of the facts set forth in the application. Each application shall be approved or denied within a reasonable amount of time.
(4)
Permit Denial. Any permit applied for under the provisions of this Chapter may be denied for any of the following causes:
(a)
One of the departments or officers performing a review of the permit renewal application has recommended denial of, or the imposition of additional conditions upon, such permit.
(b)
If the City finds that the applicant knowingly made any false, misleading, or fraudulent statements of material fact in the application for the permit.
(c)
The applicant has been convicted of any violation of this code, any code adopted and incorporated by the City into this code, the California Penal Code, the Health and Safety Code, the Business and Professions Code, or any other State or Federal law.
(d)
Failure to comply with the requirements of this Section or other provisions of the code by the applicant and/or the vehicle operator or pedestrian solicitor in connection with any property, business, or other dealing with the City.
(e)
Fees, fines, or other penalties owing the City that are due and payable by the applicant and/or the vehicle operator or pedestrian solicitor in connection with any property, business, or other dealing with the City.
(5)
Appeal Procedure. Written notice of denial, setting forth the grounds for denial, shall be served on the applicant. Any person aggrieved by a denial of a permit pursuant to this Section may appeal such denial to the City Manager or designee pursuant to the procedures set forth in PMC § 5.04.280 (Hearing to contest modification, suspension, or revocation – Initiation of hearing), et seq. To seek an appeal, said person must submit a written request for an administrative hearing with a statement of why the denial did not merit any of the grounds for denial under Subsection (D)(4) of this Section to the City Clerk within 10 days after service of notice of the City Manager's or designee's decision. Upon receipt of a timely appeal, the aggrieved party shall be given notice of a hearing, and a hearing shall be held pursuant to PMC § 5.04.280 (Hearing to contest modification, suspension, or revocation – Initiation of hearing), et seq.
(E)
Suspension and Revocation of Permit.
(1)
Any vehicle operator's permit or pedestrian solicitor's permit may be temporarily suspended or revoked by the Business License Division for any of the following reasons:
(a)
Provision of false information on the permit application.
(b)
Failure of the permittee to notify the Business License Division within 10 business days of any change in the information supplied by the permittee upon which issuance of the permit was based, occurring subsequent to the issuance of the permit.
(c)
There is substantial evidence of a violation by the permittee, any employee, subcontractor of the permittee, or any other person acting on the permittee's behalf, of this Chapter or any other local, State, or Federal law constituting a misdemeanor or felony while in the course of conducting vending operations pursuant to the permit.
(d)
While in the course of vending, driving of a vehicle by a vendor not possessing a valid driver's license, or operation of a vehicle found by police inspection to be unsafe and in violation of the Vehicle Code.
(e)
The permittee no longer operates in accordance with the information and documentation supplied in connection with the vehicle operator permit application set forth in Subsection (D)(1) of this Section.
(f)
The permittee no longer operates in accordance with the information and documentation supplied in connection with the pedestrian solicitor permit application set forth in Subsection (D)(2) of this Section.
(g)
The permittee has been convicted of any violation of this code, any code adopted and incorporated by the City into this code, the California Penal Code, the Health and Safety Code, the Business and Professions Code, or any other State law.
(h)
Fees, fines, or other penalties owing the City that are due and payable by the applicant and/or the vehicle operator or pedestrian solicitor in connection with any property, business, or other dealing with the City.
(2)
Appeal Procedure. Written notice of suspension or revocation, setting forth the grounds for suspension or revocation, shall be served on the offending permittee. The notice shall advise the permittee of the right to file a written appeal. Any person aggrieved by a suspension or revocation of a permit pursuant to this Section may appeal such denial to the City Manager or designee pursuant to the procedures set forth in PMC § 5.04.280 (Hearing to contest modification, suspension, or revocation – Initiation of hearing), et seq. To seek an appeal, said person must submit a written request for an administrative hearing with a statement of why the suspension or revocation did not merit any of the grounds for suspension or revocation under Subsection (E)(1) of this Section to the City Clerk within 10 days after service of notice of the City Manager's or designee's decision. Upon receipt of a timely appeal, the aggrieved party shall be given notice of a hearing and a hearing shall be held pursuant to PMC § 5.04.280 (Hearing to contest modification, suspension, or revocation – Initiation of hearing), et seq.
(3)
No person whose permit is revoked shall be eligible to apply for a new permit for a period of one year following such revocation.
(4)
Notices required or permitted to be served pursuant to this Section may be served personally, or by mailing by certified or registered mail with proof of delivery at the residential address of record, or by licensed courier or delivery service with proof of personal delivery, or in any other manner provided by law.
(F)
Conditions and Prohibitions. It is unlawful for any pedestrian solicitor or vehicle operator to sell or offer for sale any goods, merchandise, or services upon any public street or private street open to the public, except in accordance with all applicable provisions of this code, all State and Federal laws and regulations, the terms of their City-issued permit, and in compliance with each of the following requirements:
(1)
Information Made Available to the Public and City.
(a)
Each vendor shall possess and at all times display in conspicuous view upon their person or upon each vehicle, as the case may be, the actual business name and telephone number, and a City business certificate issued pursuant to this Title.
(b)
Each vendor shall possess and display, upon request by any potential customer or City representative, a vehicle operator's permit or pedestrian solicitor's permit issued pursuant to this Chapter, or a full, true, and correct copy thereof.
(c)
Each vendor causing the sale of or offering for sale any produce or other food item for which a food handling permit or other health permit from the County Health Department is required by law, shall possess and present such required permits. Vendors must, at all times, display such required permits in conspicuous view upon such vehicle or have on their immediate person ready to present at all times.
(d)
Each vendor who enters into a contractual or other private arrangement with an individual or entity that agrees to have food catered to a specific location on private land and which is open to the public shall possess and at all times display in conspicuous view upon their person or vehicle a copy of the contractual document or other private arrangement detailing the terms of the agreement along with the name and contact information of the individual or entity that agreed to have food catered on private lands.
(e)
Each vendor shall possess and wear upon their person a City-issued badge, issued in connection with this Chapter.
(2)
Location.
(a)
Vending is permitted only on public streets or private streets open to the public, and is not permitted in or upon any alley, parkway, sidewalk, or other kind of public property. Further, vending with a vehicle is not permitted in residential zones unless said vending is approved by the City in such zone in connection with a validly issued special event permit or temporary use permit, pursuant to PMC § 17.26.100 (Temporary use and special events permits), prior to engaging in any residential vending.
(b)
No vending shall be permitted within 50 feet of any intersection of two or more streets or any location that may impede a sidewalk or pedestrian traffic.
(c)
No vending shall be permitted within 1,000 feet of the front entrance of any public or private elementary, junior high, or high school.
(d)
No vending shall be permitted within 1,000 feet of the front entrance of any food establishment.
(e)
No vending shall be permitted on City streets with a speed limit at or above 45 miles per hour.
(f)
No vending shall be permitted at any public park unless the vending occurs as part of a City-sponsored function and the vendor has applied for and received a written endorsement on the operator permit expressly authorizing such vending.
(g)
No vehicle shall be parked, stopped, or left standing in any manner which blocks or impedes vehicular access to any driveway or restricts the free movement of other vehicles upon the public street.
(h)
No vending shall be permitted until the vehicle has been brought to a complete stop and lawfully parked adjacent to the curb.
(i)
No vendor shall operate in any manner which blocks or impedes vehicular access to any driveway or restricts the free movement of other vehicles upon the public street.
(j)
Vehicle vending shall be only by means of a vehicle duly registered and licensed by the State with an unladen weight of less than 6,000 pounds.
(k)
All vending must ensure the safe and proper disposals of fats, oils, and greases ("FOGs") and be in compliance with applicable disposal regulations, including Los Angeles County Code (LACC), Title 20, Division 2, other laws, regulations, and ordinances concerning proper disposal of FOGs and other industrial wastes and health and safety State, local, and Federal laws.
(3)
Sanitation and Trash.
(a)
Each vehicle shall be equipped with a trash receptacle of a size adequate to accommodate all trash and refuse generated by vending therefrom.
(b)
Each vendor shall pick up and deposit in the trash receptacle on the vehicle all paper, cups, wrapper, litter, or other refuse of any kind that was a part of the goods or merchandise supplied from the vehicle and which has been left or abandoned within 50 feet of such vehicle on any public property, other than in a trash receptacle provided for such purposes. No person shall dispose of any trash or refuse from vending operations in any such public or private trash receptacle other than a trash receptacle owned, operated, or otherwise provided by and under the control of the vendor or operator.
(c)
Each pedestrian solicitor shall operate within 100 feet of a trash receptacle.
(4)
Operation – Hours, Amplified Sounds, Equipment, Prohibited Sales.
(a)
Vending is permitted only between sunrise and sunset in residential zones.
(b)
Any use of amplified sound-making devices, to advertise, draw attention to, or announce the presence of a vendor, shall also comply with all applicable noise and sound regulations effective within the City.
(c)
No vending under this Section may utilize chairs, tables, or other equipment unless City approval is given through an issued permit under this Section.
(d)
It is unlawful for any vendor to sell any item or thing which is otherwise prohibited from being sold within the City, including, but not limited to, any goods or products not identified in the application for a vehicle operator's permit or pedestrian solicitor's permit.
(5)
Additional Regulations on Ice Cream Truck Vending.
(a)
Safety and Sanitation.
(i)
Each vendor shall ensure that the standard warning flashers shall be in operation immediately upon the vehicle stopping to vend and cease operation as the vehicle begins to move after vending.
(ii)
Each vendor shall have signs painted or mounted on the front and back of each vehicle using black four-inch-tall letters on a yellow background with a black one-inch border around each sign. The sign on the front and back of each vehicle shall read "CHILDREN CROSSING" and be eight inches high by 48 inches wide. An additional sign or signs shall be painted or mounted on the rear of each vehicle above the first sign and shall read "WARNING" in English, Spanish, and Vietnamese, using the same size letter and paint requirements.
(iii)
Each ice cream truck vendor shall pick up and deposit in the trash receptacle on the ice cream truck all paper, cups, wrapper, litter, or other refuse of any kind that was a part of the goods or merchandise supplied from the vehicle and which has been left or abandoned within 50 feet of such vehicle on any public property, other than in a trash receptacle provided for such purposes. No person shall dispose of any trash or refuse from vending operations in any such public or private trash receptacle other than a trash receptacle owned, operated, or otherwise provided by and under the control of the vendor or operator.
(iv)
Each vendor shall have any other safety equipment and follow any other requirements mandated by the California Vehicle Code.
(b)
Operation – Hours, Amplified Sounds, Location, Required Sales.
(i)
Hours. Ice cream truck vending is permitted only between sunrise and sunset.
(ii)
Amplified Sound Use by Ice Cream Truck Vendors. Any use of amplified sound-making devices, to advertise, draw attention to, or announce the presence of such vendor, shall also comply with all applicable noise and sound regulations effective within the City in addition to the following:
A.
No person shall use, play, or employ any sound, outcry, amplifier, loudspeaker, or any other instrument or device for the production of sound from an ice cream truck when the ice cream truck is stationary.
B.
No person shall use, play, or employ any sound, outcry, amplifier, loudspeaker, or any other instrument or device for the production of sound from an ice cream truck after sunset.
C.
No person shall use, play, or employ any sound, outcry, amplifier, production loudspeaker, or any other instrument or device for the production of sound from an ice cream truck in such a manner to create a disturbance of the peace.
(d)
Prohibited Sales. Ice cream truck vendors shall only sell frozen or refrigerated desserts, confections, or novelties commonly known as ice cream, or prepackaged candies, prepackaged snack foods, or soft drinks.
(G)
Special Events. Nothing in this Section shall affect the City's ability to host, sponsor, allow, or authorize special events approved for vending purposes or with vending components.
(Ord. 1612 § 37, 2024)
(A) "Arm's length transaction" "Drug paraphernalia" "Electronic cigarette" "Flavored electronic cigarette product" "Proprietor" "Self-service display" "Smoking product" "Tobacco product"(1) (2) (3)
"Tobacco/smoking paraphernalia" "Tobacco/smoking product retailer" "Vending machine" "Youth decoy"
Definitions. For the purpose of this Section, the following terms shall have the following meanings:
means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies, or partners, corporate or other entities which have some or all of the same directors and/or principals, or any sale for which a significant purpose is avoiding the effect of the violations of this Section, is not an arm's length transaction.
shall mean an electronic and/or battery-operated device that can deliver an inhalable dose of nicotine to the user. "Electronic cigarette" includes any product meeting this definition, regardless of whether it is manufactured, distributed, marketed, or sold as an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, electronic vape, vaporizer, or any other product name or descriptor.
shall mean any product used in an electronic cigarette, containing, as a constituent or additive, an artificial or natural flavor or an herb or spice, including but not limited to tobacco, mint, menthol, spearmint, wintergreen, strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, or coffee, that is a characterizing flavor of the product, or the smoke or vapor produced by the product.
means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a 10 percent or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have, or can or does share, ultimate control over the day-to-day operations of a business.
means the open display or storage of tobacco products, smoking products or tobacco/smoking paraphernalia in a manner that is physically accessible in any way to the general public without assistance of the retailer or employee of the retailer and a direct person-to-person transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display.
means any substance produced or sold to be used for smoking, ingestion, or consumption in cigarettes, cigars, pipes, hookahs, e-cigarettes, or other similar objects.
means any of the following:
A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.
An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.
Any component, part, or accessory of a tobacco product, whether or not sold separately.
"Tobacco product" does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose. |
means cigarette papers, wrappers, or blunt wraps as defined in Section 308 of the Penal Code, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other instrument or paraphernalia designed for the smoking, preparation, storing, ingestion or consumption of tobacco and other smoking products.
means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, in public view, tobacco, tobacco/smoking products or tobacco/smoking paraphernalia. Any person who distributes free or low-cost samples of tobacco products, smoking products, or tobacco/smoking paraphernalia shall be deemed to be a tobacco/smoking product retailer under this Chapter. "Tobacco/smoking product retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco or smoking product, or tobacco or smoking paraphernalia sold, offered for sale, exchanged, or offered for exchange.
as used in this Section means a machine, appliance, or other mechanical device operated by currency, token, debit card, credit card, or any other form of payment that is designed or used for vending purposes, including, but not limited to, machines or devices that use remote control locking mechanisms.
means a person under the age of 18 who is used by the Los Angeles County Sheriff's Department or any City official or employee authorized to enforce provisions of this Chapter to conduct random on-site sting investigations to determine compliance with tobacco retailing laws.
(B)
Permits Required.
(1)
Any person intending to act as a tobacco/smoking product retailer shall, within one year of the effective date of the ordinance codified in this Section, obtain a tobacco/smoking product retailer permit for each location at which tobacco/smoking product retailing is to occur. This applies to all existing and future tobacco/smoking product retailers in the City.
(2)
It shall be unlawful for any person to act as a tobacco/smoking product retailer in the City without first obtaining and maintaining a valid tobacco/smoking product retailer's permit pursuant to this Section for each location at which that activity is to occur.
(3)
The sale of tobacco/smoking products or tobacco/smoking paraphernalia from other than a fixed location, including but not limited to tobacco/smoking product retailing by persons on foot or from vehicles, is prohibited and no permit shall be issued under this Section to any such activity.
(4)
Nothing in this Section shall be construed to grant any person obtaining and maintaining a tobacco/smoking product retailer's permit any status or right other than the limited conditional privilege to act as a tobacco/smoking product retailer at the location in the City identified in the permit application and/or on the face of the permit. Nothing in this Chapter is intended to be construed to render inapplicable, supersede, or affect any other provision of applicable law, including but not limited to any provision of this code, or any condition or limitation on smoking in an enclosed place of employment pursuant to California Labor Code Section 6404.5.
(5)
No permit shall be issued to authorize a tobacco/smoking product retailer at a location that is permitted under State law to serve alcoholic beverages for consumption on the premises (e.g., an "on sale" license issued by the California Department of Alcoholic Beverage Control) and no permit shall issue to authorize a tobacco/smoking product retailer at any location offering food for sale for consumption by guests on the premises.
(C)
Applications. In addition to the information requirement by PMC § 5.04.140 (Business permits – Contents), the application for a tobacco/smoking product retailer permit shall contain the following information:
(1)
Proof that the location for which a tobacco/smoking product retailer permit is sought has been issued a valid State tobacco/smoking product retailer's permit by the California Board of Equalization.
(2)
A signed affirmation by each proprietor that the proprietor is informed of the laws affecting tobacco/smoking product retailer permits. No proprietor may rely on the issuance of a permit as a determination by the City that the proprietor has complied with all laws applicable to tobacco/smoking product retailing.
(3)
Whether or not any proprietor or any agent admitted violating or has been found to have violated this Section and, if so, the dates and locations of all such violations within the previous five years.
(4)
Each permit application must be accompanied by the required permit fee, established from time to time by resolution of the City Council. The fee shall be calculated so as to recover the total cost of both permit administration and permit enforcement, including, for example, issuing the permit, administering the permit program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the costs of the regulatory program authorized by this Section. Fees are nonrefundable except as may be required by law.
(5)
Such other information as the Director deems necessary for the administration or enforcement of this Section as specified on the application form required by this Section.
(6)
A permitted tobacco/smoking product retailer shall inform the Director in writing of any change in the information submitted on an application for a tobacco/smoking product retailer's permit within 10 business days of a change.
(7)
All information specified in an application pursuant to this Section shall be subject to disclosure under the California Public Records Act (California Government Code Section 6250 et seq.) or any other applicable law, subject to the law's exemptions.
(8)
A statement signed by each proprietor that no drug paraphernalia is or will be sold at the business seeking the permit.
(D)
Issuance and Renewal of Permit.
(1)
Except as otherwise provided herein, upon receipt of a complete application for a tobacco/smoking product retailer's permit and the payment of the applicable permit fee, the Director shall issue a permit unless substantial evidence demonstrates that one or more of the following bases for denial exists:
(a)
One or more of the bases for denial listed in PMC § 5.04.200 (Grounds for denial of business permit) exists.
(b)
The application seeks authorization for tobacco/smoking product retailing that is prohibited pursuant to this Section (e.g., mobile vending), that is unlawful pursuant to this code, including without limitation the zoning ordinance, building code, business license ordinance, or that is unlawful pursuant to any other law.
(c)
The application seeks authorization for tobacco/smoking product retailing for a proprietor to whom this Section prohibits a permit to be issued.
(d)
Suspension or revocation proceedings have been initiated by any local, State or Federal agency for violations of local, State or Federal tobacco control laws within the preceding 60-day period.
(2)
Notwithstanding any other provision of this Section, prior violations at a location shall continue to be counted against a location and permit ineligibility periods shall continue to apply to a location unless:
(3)
Every permit issued under this Chapter shall be posted pursuant to PMC § 5.04.100 (Presentment of permit).
(4)
A tobacco/smoking product retailer's permit is valid only for the location for which it has been issued and may not be transferred from one person to another or from one location to another.
(5)
The duration of a tobacco/smoking product retailer permit shall be consistent with the provisions of PMC § 5.04.230 (Business permit – Operative) and shall be renewed consistent with the provisions of PMC § 5.04.250 (Business permit renewal) except that any permit that is suspended, has been permanently revoked, or is subject to suspension or revocation proceedings shall not be renewed.
(6)
A tobacco/smoking product retailer permit which is not timely renewed pursuant to PMC § 5.04.250 (Business permit renewal) is an expired permit. The tobacco/smoking product retailer shall not engage in tobacco/smoking product retailing at the permitted location until a new permit has been issued for that location.
(7)
A denial by the Director of a tobacco/smoking product retailer's permit may be appealed pursuant to PMC § 5.04.280 (Hearing to contest modification, suspension, or revocation – Initiation of hearing), et seq. An appeal shall stay all proceedings in furtherance of the appealed action.
(8)
A valid City business license is required before a tobacco/smoking product retailer's permit may be issued.
(E)
Positive Identification Required. No person engaged in tobacco/smoking product retailing shall sell or transfer a tobacco or smoking product or tobacco/smoking paraphernalia to another person who appears to be under the age of 27 years, without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under State law to purchase and possess the tobacco or smoking product or tobacco/smoking paraphernalia.
(F)
Minimum Age to Sell Tobacco Products. No tobacco/smoking product retailer shall permit any person who is younger than 18 years of age to engage or participate in the sale of tobacco or smoking products or tobacco/smoking paraphernalia.
(G)
Compliance Monitoring and Enforcement.
(1)
Compliance with this Section shall be monitored by any City official or employee authorized to enforce provisions of this Chapter or this code. Compliance checks shall determine, at a minimum, if the tobacco/smoking product retailer is conducting business in a manner that complies with tobacco laws regulating youth access to tobacco. When appropriate, the compliance checks shall determine compliance with other laws applicable to tobacco/smoking product retailing. Nothing in this Subsection shall create a right of action in any permit or other person against the City or its agents.
(2)
Youth decoys may be utilized during enforcement of this Chapter. The City shall not enforce any law establishing a minimum age for tobacco purchases or possession against a person who otherwise might be in violation of such law because of such person's age (herein "youth decoy") if the potential violation occurs when the youth decoy is participating in a compliance check supervised by any City official or employee authorized to enforce provisions of this Chapter or this code.
(H)
Permit Violations and Penalties.
(1)
It shall be a violation of this Section for a permittee, or his/her agents or employees, to violate any Federal, State, or local law or regulation, including any provision of this Chapter, applicable to tobacco or smoking products, tobacco/smoking paraphernalia or tobacco/smoking product retailing.
(2)
Tobacco/smoking product retailing by means of a self-service display is prohibited.
(3)
It shall be a violation of this Section for a permittee or any permittee's agents or employees to violate any local, State or Federal law regulating controlled substances or drug paraphernalia, such as, for example, California Health and Safety Code Section 11364.7.
(4)
It shall be a violation of this Section for any tobacco retailer or any of permittee's agents or employees to sell or offer for sale, or to possess with intent to sell or offer for sale, any flavored electronic cigarette product.
(a)
There shall be a rebuttable presumption that a tobacco retailer in possession of four or more flavored electronic cigarette products, including but not limited to individual flavored electronic cigarette products, packages of flavored electronic cigarette products, or any combination thereof, possesses such flavored electronic cigarette products with intent to sell or offer for sale.
(5)
Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Section shall constitute a violation.
(6)
Failure to prominently display the tobacco/smoking product retailer permit in a publicly visible location at the permitted premises shall constitute a violation.
(7)
The failure of the permittee to allow any law enforcement service, the Director, or any authorized City official to conduct unscheduled inspections of the premises of the business for the purpose of ensuring compliance with any Federal, State, or local tobacco law or regulation, including any provision of this Chapter, at any time the business is open for business shall constitute a violation.
(8)
Any continuing violation shall constitute a separate offense for each day of the violation.
(9)
Violations of this Chapter are hereby declared to be public nuisances.
(10)
Violations of this Chapter are hereby declared to be unfair business practices and are presumed to at least nominally damage each and every resident of the community in which the business operates.
(11)
In addition to other remedies provided by this Chapter or by other law, any violation of this Section may be remedied by a civil action brought by the City Attorney in the name of the City, including, for example, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings and suits for injunctive relief.
(I)
Revocation of Permit.
(1)
In addition to any other penalty authorized by law, a tobacco/smoking product retailer's permit may be revoked by the City Council pursuant to PMC § 5.04.280 (Hearing to contest modification, suspension, or revocation – Initiation of hearing) through § 5.04.300 (Hearing to contest modification, suspension, or revocation – Procedure for hearing).
(2)
Upon a finding by the City Council of a first violation of any provision of this Chapter within any five-year period the City shall:
(a)
Issue a written warning to the permittee.
(b)
Advise the permittee of the penalties for further violations of this Section.
(c)
Require the permittee to provide documentation to the City that all employees engaged in the retail sales of tobacco or smoking products and/or tobacco/smoking paraphernalia have received training in a City-approved program within 60 days after the warning, or such other time as shall be set by the Director of Planning.
(d)
Revoke said tobacco/smoking product retailer's permit for 90 days.
(3)
Upon a finding by the City of a second permit violation of any provision of this Chapter, within any five-year period, the tobacco/smoking product retailer's permit may be revoked for up to one year.
(4)
Upon finding by the City of a third permit violation of any provision of this Section, within any five-year period, the tobacco/smoking product retailer's permit may be permanently revoked.
(5)
A tobacco/smoking product retailer's permit may be revoked by the City Council if one of the following conditions exists:
(a)
One or more of the grounds for denial listed in PMC § 5.04.200 (Grounds for denial of business permit) existed before the permit was issued; or
(b)
A permittee is convicted of a misdemeanor or felony violation of any Federal, State, or local tobacco law or regulation, including any provision of this Section, or in a different legal proceeding has pleaded guilty, "no contest" or its equivalent, or admitted to a violation of any law designated in this Section.
(6)
A tobacco/smoking product retailer whose permit has been revoked may not apply for a new tobacco/smoking product retailer's permit until 30 days prior to the expiration of the revocation period.
(7)
During any period of permit revocation, the tobacco/smoking product retailer must remove from public view all tobacco or smoking products, tobacco/smoking paraphernalia and tobacco-related advertising. Failure to do so may be considered a subsequent violation.
(8)
A decision of the City Council to revoke a permit is final.
(J)
Tobacco Retailing Without a Permit.
(1)
In addition to any other penalty authorized by law, if the Director finds that any person has engaged in tobacco/smoking product retailing at any location without a valid tobacco/smoking product retailer's permit, either directly or through the person's agent or employees, the person shall be ineligible to apply for or be issued a tobacco/smoking product retailer's permit for that location as follows:
(a)
After the first violation of this Section at a location within any 18-month period, no new permit may be issued for the person at the location until 120 days have passed from the date of the violation.
(b)
After the second violation of this Section at a location within any 18-month period, no new permit may be issued for the person at the location until six months have passed from the date of the violation.
(c)
After the third violation of this Section at a location within any 18-month period, no new permit may be issued for the person at the location until one year has passed from the date of the violation.
(2)
The display of any advertisement relating to tobacco or smoking products or tobacco/smoking paraphernalia that promotes the sale or distribution of such products from the tobacco/smoking products retailer's location or that could lead a reasonable consumer to believe that such products can be obtained at that location without first obtaining and maintaining a valid tobacco/smoking products retailer's permit pursuant to this Section for each location at which the advertisement is displayed is prohibited.
(3)
Tobacco or smoking products and tobacco/smoking paraphernalia offered for sale or exchange in violation of this Section are subject to seizure by any City official or employee authorized to enforce provisions of this Chapter or this code and shall be forfeited after the permittee and any other owner of the tobacco or smoking products or tobacco/smoking paraphernalia seized is given reasonable notice and an opportunity to demonstrate that the tobacco or smoking products or tobacco/smoking paraphernalia were not offered for sale or exchange in violation of this Section. The decision by law enforcement services may be appealed pursuant to the procedures set forth in PMC § 5.04.280 (Hearing to contest modification, suspension, or revocation – Initiation of hearing), et seq. Forfeited tobacco or smoking products and tobacco/smoking paraphernalia shall be destroyed after the time in which to seek judicial review pursuant to California Code of Civil Procedure Section 1094.6 or other applicable law has expired without the filing of a lawsuit or, if such a suit is filed, after judgment in that suit becomes final.
(4)
For the purposes of the civil remedies provided in this Section, whichever of the following is greater shall constitute a separate violation of this Section:
(a)
Each day on which a tobacco or smoking product or tobacco/smoking paraphernalia is offered for sale in violation of this Section; or
(b)
Each individual retail tobacco or smoking product and each individual retail item of tobacco/smoking paraphernalia that is distributed, sold, or offered for sale in violation of this Section.
(Ord. 1612 § 38, 2024)