Chapter 5.04
BUSINESS REGULATION

Sections:

Article I. Business Permits Generally

5.04.010    Title.

5.04.020    Purpose.

5.04.030    Applicability.

5.04.040    Definitions.

5.04.050    Permits required.

5.04.060    Permits – Duration.

5.04.070    Permits – Issuance to persons operating under fictitious business names.

5.04.080    Unlawful business.

5.04.090    Duplicate permit.

5.04.100    Presentment of permit.

5.04.110    Substitute for other provisions.

5.04.120    Fees.

5.04.130    Applications.

5.04.140    Business permits – Contents.

5.04.150    Businesses requiring a business permit.

5.04.160    Fingerprinting and photo identification.

5.04.170    Review and approval.

5.04.180    Investigation.

5.04.185    Consideration of applicant’s criminal record and prior business history.

5.04.190    Notice and hearing.

5.04.200    Grounds for denial of business permit.

5.04.210    Effect of business permit denial.

5.04.220    Permit required for each business activity.

5.04.230    Business permit – Operative.

5.04.240    Insurance and bond requirements.

5.04.250    Business permit renewal.

5.04.260    Business permit transfers and changes.

5.04.270    Modification, suspension or revocation.

5.04.280    Revocation – Initiation of hearing.

5.04.290    Revocation – Notice to permittee.

5.04.300    Procedure for revocation hearing.

5.04.310    Grounds for revocation of business permit.

5.04.320    Effect of revocation or suspension.

5.04.330    Conditions of approval.

5.04.340    Appeal from Director’s decision to City Council.

5.04.350    Appeals – Notice of hearing.

5.04.360    Appeals – Hearing procedure.

5.04.370    Violations.

Article II. Businesses Requiring a Business Permit

5.04.400    Adult-oriented businesses.

5.04.410    Ambulances and ambulance drivers.

5.04.420    Billiards.

5.04.430    Bingo.

5.04.440    Carnivals and concessions.

5.04.450    Dance halls and dances.

5.04.460    Entertainment.

5.04.470    Escort bureaus and introductory services.

5.04.480    Fortunetelling.

5.04.490    Game arcades.

5.04.500    Gun dealers.

5.04.510    Health clubs.

5.04.520    House and street numbering.

5.04.530    Hypnotist.

5.04.540    Reserved.

5.04.550    Locksmith.

5.04.560    Massage establishments and massage technicians.

5.04.570    Motion picture theater.

5.04.580    Pawnbrokers and secondhand dealers.

5.04.590    Peddlers and commercial solicitors.

5.04.610    Private patrol service.

5.04.620    Family entertainment center.

5.04.650    Solicitation for charitable purposes.

5.04.660    Taxicab business.

5.04.670    Tobacco/smoking product retailer.

5.04.680    Tow truck.

Article I. Business Permits Generally

5.04.010 Title.

This chapter shall be known, and may be cited, as the “business regulation ordinance.” (Ord. 898 § 2, 1990)

5.04.020 Purpose.

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)

5.04.030 Applicability.

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. 1090 § 4, 1997; Ord. 898 § 2, 1990)

5.04.040 Definitions.

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 Finance or the designee of the Director of Finance.

(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.

(K) “Conduct” means and includes to commence, transact, maintain, practice, do, operate or carry on.

(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” shall mean any one of the following:

(1) 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 Section 92.05.B.2, 3 and 5 of the Palmdale zoning ordinance, 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

(2) 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

(3) 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 Section 92.04.B.4 of the Palmdale zoning ordinance, 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. 1120 §§ 4, 5, 1998; Ord. 1090 § 5, 1997; Ord. 915 § 1, 1991; Ord. 898 § 2, 1990)

5.04.050 Permits required.

(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.

(D) Managers. Where the provisions of this chapter governing particular business activities require a manager, such individual, unless he or she is the person to whom the permit for the business activity is issued, must obtain a manager’s permit and pay the required fee therefor. The application for a manager’s permit should be on a form provided by the City and shall, to the extent feasible, be submitted concurrently with the application for business permit required by PMC 5.04.130. (Ord. 898 § 2, 1990)

5.04.060 Permits – Duration.

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)

5.04.070 Permits – Issuance to persons operating under fictitious business names.

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)

5.04.080 Unlawful business.

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)

5.04.090 Duplicate permit.

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)

5.04.100 Presentment of permit.

(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)

5.04.110 Substitute for other provisions.

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)

5.04.120 Fees.

Business permit fees shall be established by resolution of the City Council. (Ord. 898 § 2, 1990)

5.04.130 Applications.

(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)

5.04.140 Business permits – Contents.

(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.

(d) With regard to any of the events required pursuant to this subsection (A)(7), the applicant shall be entitled to document and explain any mitigating circumstances associated with such events.

(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. 919 § 1, 1991; Ord. U-919 § 1, 1991; Ord. 898 § 2, 1990)

5.04.150 Businesses requiring a business permit.

(A) No person shall commence, conduct or purport to commence or conduct the following business activities without a valid business permit:

(1) Adult-oriented businesses*º;

(2) Ambulances and ambulance drivers+;

(3) Billiards;

(4) Bingo;

(5) Carnivals and concessionsº+;

(6) Dance halls and dancesº;

(7) Entertainment*º;

(8) Introductory services*º;

(9) Fortunetelling;

(10) Game arcades;

(11) Gun dealers*;

(12) Health clubs;

(13) House and street numbering;

(14) Hypnotist+;

(15) Locksmith;

(16) Massage establishments and massage technicians*º;

(17) Motion picture theater*+;

(18) Pawnbrokers and secondhand dealers;

(19) Peddlers and commercial solicitors;

(20) Reserved;

(21) Private patrol service;

(22) Family entertainment center+º;

(23) Swap meet;

(24) Taxicabs and taxicab drivers+;

(25) Tobacco/smoking product retailer;

(26) Tow trucks+.

*    Indicates that such business activity requires a hearing before the City Council before issuance of a business permit.

+    Indicates that such business activity is subject to insurance or bond requirements.

º    Indicates that such business activity requires a permitted manager pursuant to PMC 5.04.050.

(B) The regulations pertaining to specified businesses or business activities requiring a business permit are set forth in Article II of this chapter commencing with PMC 5.04.400. (Ord. 1384 § 8, 2010; Ord. 1117 § 4, 1997; Ord. U-1117 § 4, 1997; Ord. 1108 § 2(a), 1997; Ord. 1090 § 6, 1997; Ord. U-1030 § 1, 1993; Ord. 1026 § 1, 1993; Ord. 919 § 2, 1991; Ord. U-919 § 1, 1991; Ord. 909 § 1, 1991; Ord. 898 § 2, 1990)

5.04.160 Fingerprinting and photo identification.

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. 1317 § 1, 2007; Ord. 1090 § 7, 1997; Ord. 898 § 2, 1990)

5.04.170 Review and approval.

(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 5.04.340. The timely filing of an appeal shall entitle the aggrieved party to a hearing.

(2) Business Permit Applications Which Require Hearings. These business permit applications shall be subject to the approval of the City Council as the reviewing authority.

(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)

5.04.180 Investigation.

(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. 919 § 3, 1991; Ord. U-919 § 1, 1991; Ord. 898 § 2, 1990)

5.04.185 Consideration of applicant’s criminal record and prior business history.

(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. 919 § 4, 1991; Ord. U-919 § 1, 1991)

5.04.190 Notice and hearing.

(A)(1) Notice Where City Council Review Required. Upon receipt in proper form of a business permit application requiring City Council review and approval, as specified in PMC 5.04.150, notice of the hearing shall be given at least 10 days prior thereto in the following manner:

(a) Notice of the hearing shall be posted at the three legal posting places specified in this code; shall be published in a newspaper of general circulation; and the applicant shall cause a public hearing notice sign to be posted at the proposed business location 10 days in advance of the hearing. Such notice shall include the time, place and date set for the hearing as well as the business activity proposed; and

(b) Notice shall be mailed, postage prepaid, to those individuals or community or neighborhood groups that have requested from the City written notification of business permit applications and shall be mailed to all property owners and residents within a 500-foot radius of the proposed business location as submitted by the applicant. Such notice shall include the time, place and date set for the hearing as well as the business activity proposed.

(2) Notice Where City Council Review Not Required. Upon receipt in proper form of a business permit application for a business activity not requiring City Council review and approval as specified in PMC 5.04.150, the Director shall notice review of the application in the following manner:

(a) Notice of the submission of a completed application, the period during which any interested party may make written comment regarding the application, the nature of the business activity proposed to be operated and the location of such proposed business activity shall be noticed as required in subsection (A)(1)(a) of this section.

(B) Hearings. The City Council shall have the authority to conduct all hearings required of it under this chapter. Such hearings shall be conducted as follows:

(1) Testimony. At the time set for the hearing, or on any date to which the hearing may be continued, the City Council shall hear the applicant, who may present any facts to show why the permit should be granted, and shall hear testimony from all other interested persons who attend the hearing to present reasons why the permit should or should not be granted.

(2) Filing Protests. Any interested person, at any time after the filing of an application or before the close of the hearing regarding such application, or at any time after the filing of an application and before the close of the Director’s review, may file written letters of support or protest, for or against the granting of such application. In considering the application, the Director or City Council, as applicable, shall give consideration to all such documents so filed. (Ord. 1090 § 8, 1997; Ord. 898 § 2, 1990)

5.04.200 Grounds for denial of business permit.

(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 laws of the state or of the City; provided, however, that this subsection shall not be construed to require that the applicant actually be in compliance with such laws 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;

(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

(4) The City Council has made the findings and determination as specified in PMC 5.04.185 relating to an applicant for a permit for a proposed business activity involving First Amendment activities.

(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 laws of the state or of the City; provided, however, that this subsection shall not be construed to require that the applicant actually be in compliance with such laws 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;

(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;

(4) The City Council has made the findings and determination as specified in PMC 5.04.185 relating to an applicant for a permit for a business activity not involving First Amendment activities. (Ord. 1408 § 4, 2010; Ord. 919 § 5, 1991; Ord. U-919 § 1, 1991; Ord. 898 § 2, 1990)

5.04.210 Effect of business permit denial.

(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.

(B) Appealability. The denial of an application by the Director may be appealed to the City Council in a manner consistent with PMC 5.04.340. If the denial of an application for a business primarily involving a First Amendment activity is appealed, the appeal shall be heard within 30 days of the date on which a timely and complete notice of appeal is received. (Ord. 898 § 2, 1990)

5.04.220 Permit required for each business activity.

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)

5.04.230 Business permit – Operative.

(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. 1090 § 9, 1997; Ord. 898 § 2, 1990)

5.04.240 Insurance and bond requirements.

(A) Permit Validity and Grounds for Suspension. Whenever the provisions of this chapter require an applicant for any business permit to procure, post or maintain in effect any bond, undertaking, deposit, or policy of insurance, any business permit issued is valid only while such bond, undertaking, deposit, or policy of insurance is in full force and effect. The business permit shall automatically be suspended without notice if at any time such bond, undertaking, deposit, or policy of insurance is not in full force and effect. The Director shall notify the permittee in writing of any suspension pursuant to this section. Within 10 days thereafter, the permittee may request in writing a hearing before the City Council. The City Council shall conduct a hearing in a manner consistent with PMC 5.04.350 and, as warranted by the evidence received at the hearing, may revoke the permit or terminate the suspension and restore the permit. If the permittee does not request a hearing, the permit is automatically revoked at the end of 10 days following the notification of suspension.

(B) Cancellation of Insurance or Bond. Except as otherwise provided, a policy of insurance or a bond or undertaking required under this chapter shall not be accepted unless it provides that it shall not be canceled until 30 days after the insurer or surety gives notice thereof to the Director. If a permittee learns that such a bond, undertaking or policy of insurance will be or has been canceled, such permittee shall notify the Director within three days of such notice. If a new bond, undertaking or policy of insurance acceptable to the Director is filed before the old one is canceled or expires, then the permit will continue in full force. Any employee, officer or department informed of any modification or cancellation of any insurance policy, undertaking or bond required under this chapter shall immediately notify the Director of such modification or cancellation.

(C) Contents of Insurance Policy. Except as otherwise provided, in every instance where an insurance policy is required for the permitting of a particular business, such insurance policy shall comply with the following requirements unless the City Council, upon application, notice and hearing, directs otherwise:

(1) It shall be primary and not contributing to any other insurance maintained by the City;

(2) It shall name the City, its officers, agents and employees, as additional insureds;

(3) Its liability limits shall be as specified in the regulations pertaining to the specific business;

(4) It shall bear a deductible in an amount approved by the Director;

(5) It shall be issued by an insurer approved by the City; and

(6) It shall be endorsed so as to provide the Director with 30 days’ prior notice of any cancellation or modification of the policy.

(D) Indemnification. Whenever this chapter requires a business permit applicant or permittee to indemnify the City, the applicant or permittee shall be required to execute an indemnification statement in substantially the following form:

It shall be a condition of this permit issued under the Business Regulation Ordinance that the permittee agrees to indemnify, hold harmless, and defend the City, its City Council, and each member thereof, and every officer, agent and employee of the city, from any and all liability or financial loss resulting from any suits, claims, losses, or actions brought by any person, and from all costs and expenses of litigation, including attorney’s fees, by reason of injury to any person, including, but not limited to, officers and employees of the permittee, performed under and pursuant to this permit, and any and all activities, operations, and conditions in any manner connected therewith or pertaining thereto. Such indemnity shall include, but not be limited to, any and all liabilities, demands, claims, damages, losses, costs and expenses caused or alleged to have been caused by any negligent or other act of this permittee.

(Ord. U-1030 § 2, 1993; Ord. 898 § 2, 1990)

5.04.250 Business permit renewal.

(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.

(3) Good cause, pursuant to subsection (D)(2) of this section, shall be found where:

(a) A serious illness that required hospitalization or confinement to bed prevented timely renewal; or

(b) Unforeseen and extraordinary circumstances prevented timely renewal.

(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 5.04.340:

(1) A transfer or change pursuant to PMC 5.04.260;

(2) A significant change in operation of any permitted business which may involve noncompliance with City or County regulations;

(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. (Ord. U-1030 § 3, 1993; Ord. 898 § 2, 1990)

5.04.260 Business permit transfers and changes.

(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.

(C) Change of Location. A permittee may transfer a business permit to a different location upon application to the Director who shall review such application in a manner consistent with PMC 5.04.180. (Ord. U-1030 § 4, 1993; Ord. 898 § 2, 1990)

5.04.270 Modification, suspension or revocation.

Any business permit issued by the City may be conditioned, modified, suspended or revoked for cause by the City Council pursuant to PMC 5.04.280 et seq. (Ord. 898 § 2, 1990)

5.04.280 Revocation – Initiation of hearing.

A hearing to determine whether an existing permit should be conditioned, modified, suspended or revoked shall be initiated by a written statement of charges. Such statement may be initiated by any department or agency required to review or inspect the permitted business activity for compliance with City regulations. Such statement shall be submitted to the Director. (Ord. 898 § 2, 1990)

5.04.290 Revocation – Notice to permittee.

If the Director determines that a hearing is warranted, written notice of the hearing shall be given to the permittee not less than 10 days prior thereto. (Ord. 898 § 2, 1990)

5.04.300 Procedure for revocation hearing.

(A) Right to Witnesses. The permittee or legal representative of the permittee shall have the right to bring witnesses to testify on behalf of the permittee.

(B) Rules of Evidence. Hearings need not be conducted according to technical rules of evidence. Oral evidence shall be taken only on oath or affirmation.

(C) Decision. The City Council shall issue its decision in writing. The decision shall contain a determination of the issues presented. (Ord. 898 § 2, 1990)

5.04.310 Grounds for revocation of business permit.

After the hearing, the City Council may condition, modify, suspend or revoke a business permit for any business activity required to be permitted under this chapter if the City Council finds that one or more of the following conditions exist:

(A) Business Activities Involving First Amendment Activities.

(1) That the building, structure, premises or equipment used in the conduct of the business does not comply with any health, zoning, fire, or building and safety laws of the state or ordinances 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; or

(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.

(B) Business Activities Not Involving First Amendment Activities.

(1) That the building, structure, premises or equipment used in the conduct of the business does not comply with any health, zoning, fire, or building and safety laws of the state or ordinances 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 held liable for, or has been convicted of, any offense involving the maintenance of a nuisance resulting from any act performed in exercising any rights under the business permit which is being considered for revocation;

(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; or

(10) That the permittee has conducted the permitted business in a manner contrary to the public health, safety and welfare. (Ord. 898 § 2, 1990)

5.04.320 Effect of revocation or suspension.

(A) No refunds of any business permit fees shall be made to any permittee upon revocation 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)

5.04.330 Conditions of approval.

(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 5.04.350.

(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. U-1030 § 5, 1993; Ord. 898 § 2, 1990)

5.04.340 Appeal from Director’s decision to City Council.

(A) Filing. Any applicant for a business permit or for the renewal of a business permit who is aggrieved by any decision of the Director may file with the Director a notice of appeal to the City Council within 10 days of the date of mailing of the decision. The notice shall be signed by the appellant or the legal representative of the appellant and shall be sufficient if it states that the appellant appeals from a specified decision or a particular part thereof. The notice of appeal may state briefly the grounds upon which the appeal is based but shall contain no argument, evidence or legal points and authorities.

(B) Effect of Notice of Appeal. If a timely appeal is filed, the effect of the Director’s decision shall be stayed pending the City Council’s resolution of the matter unless the Director specifically finds that the public health and safety will be endangered by any such stay.

(C) Deposit of Estimated Costs. With every notice of appeal filed pursuant to this section, the appellant shall deposit with the Director an amount which the Director estimates will cover the cost of production of a transcript of documentation on the matter, including the record of any hearing conducted by the Director, which resulted in the decision on which the appeal is taken.

(D) Accounting of Funds. The Director shall keep a permanent and accurate account of all deposits received on appeal. If the actual cost of the transcript exceeds the amount deposited by the appellant, the appellant shall pay the deficiency; if it is less, the Director shall refund the difference to the appellant. (Ord. U-1030 § 6, 1993; Ord. 898 § 2, 1990)

5.04.350 Appeals – Notice of hearing.

Upon receipt of a timely notice of appeal, the Director shall notify the City Clerk of the request for appeal. The Director shall give not less than 15 days’ written notice to the appellant of the date, time and place of the hearing. The notice shall also state whether the City Council will allow the introduction of additional evidence. (Ord. U-1030 § 7, 1993; Ord. 898 § 2, 1990)

5.04.360 Appeals – Hearing procedure.

(A) Transmission of Evidence. Upon the filing of a notice of appeal, the Director shall transmit to the City Council the transcript of the documentation on the matter. Copies of the documentation shall also be delivered to the appellant.

(B) Conduct of Hearing. Upon receipt of the documentation required by subsection (A) of this section, the City Council shall conduct the appeal. The City Council may, at its discretion, receive new evidence or testimony which is not part of the record upon a showing that it could not, in the exercise of due diligence, have been presented at the time of the Director’s decision. The City Council may hear and consider additional argument and points and authorities of law, and may require the parties before it to submit such argument and points and authorities of law prior to rendering any decision on the appeal.

(C) City Council Action. Upon reviewing the evidence and considering the parties’ arguments and any points and authorities of law submitted, the City Council may either:

(1) Render a decision upholding, reversing, or modifying in any respect the decision of the Director; or

(2) Remand the matter to the Director with directions. (Ord. U-1030 §§ 8, 9, 1993; Ord. 898 § 2, 1990)

5.04.370 Violations.

(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 provided for in this code. Where the conduct constituting the violation is of a continuing nature, each day that the conduct continues shall be deemed a separate and distinct violation.

(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. (Ord. 898 § 2, 1990)

Article II. Businesses Requiring a Business Permit

5.04.400 Adult-oriented businesses.

(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) Definitions. For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended the following definitions shall apply:

(1) Adult-Oriented Businesses. “Adult-oriented businesses” means any one of the following:

(a) Adult Arcade. The term “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.

(b) Adult Bookstore, Adult Novelty Store, Adult Video Store. The term “adult bookstore,” “adult novelty store” or “adult video store,” as used in this section, is 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 or other forms of visual or audio representations which 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.

(c) Adult Cabaret. The term “adult cabaret,” as used in this section, means a nightclub, restaurant, or similar business establishment which: (1) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (2) which regularly features persons who appear semi-nude; and/or (3) shows 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.

(d) Adult Hotel/Motel. The term “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, 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; 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.

(e) Adult Motion Picture Theater. The term “adult motion picture theater,” as used in this section, is a business establishment where, for any form of consideration, films, computer-generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, 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.

(f) Adult Theater. The term “adult theater,” as used in this section, means a business establishment which for any form of consideration regularly features live performances, for an audience on the premises, which performances either: (1) are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities; and/or (2) regularly feature entertainers who appear semi-nude.

(g) Adult Modeling Studio. The term “adult modeling studio,” as used in this section, means a business or other premises or location which provides, for pecuniary compensation, monetary or other consideration, hire or reward, or on a voluntary or otherwise unpaid basis, figure models, actors or actresses who, for the purposes of sexual stimulation of other persons either on-site or off-site, appear either nude, semi-nude or display “specified anatomical areas” or perform “specified sexual activities” to be observed, sketched, filmed, photographed, videotaped, electronically or digitally recorded, painted, 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. “Adult modeling studio” does not include schools maintained pursuant to standards set by the State Board of Education. “Adult 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, permit, or make available “specified sexual activities.”

(2) Adult-Oriented Business Operator. “Adult-oriented business operator” (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.

(3) Adult-Oriented Merchandise. The term “adult-oriented merchandise” means sexually oriented implements or paraphernalia, such as, but not limited to: dildos; auto sucks; sexually oriented vibrators; edible underwear; ben wa balls; inflatable orifices; anatomical balloons with orifices; simulated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.

(4) “Applicant” 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.

(5) Bar. For the purposes of this section, a “bar” is defined as 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 Section 92.07 of the Palmdale zoning ordinance.

(6) Distinguished or Characterized by an Emphasis Upon. As used in this section, the term “distinguished or characterized by an emphasis upon” shall mean and refer 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).

(7) Entertainer. The term “entertainer” 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.

(8) Figure Model. “Figure model,” 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.

(9) Nudity or a State of Nudity. “Nudity or a state of nudity,” 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.

(10) Operate an Adult-Oriented Business. As used in this section, “operate an adult-oriented business” 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.

(11) Owner. The term “owner” shall mean the following: (i) the sole proprietor of an adult-oriented business; (ii) any general partner of a partnership which owns and operates an adult-oriented business; (iii) the owner of a controlling interest in a corporation which owns and operates an adult-oriented business; and (iv) 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.

(12) Parks. For purposes of this chapter, the term “parks” means a park, trail, recreation center, sports complex, golf course or athletic field in the City which is under the control, operation or management of the City or other public agency.

(13) Permittee. “Permittee,” as used in this section, means the person to whom an adult-oriented business permit is issued.

(14) “Person” means any individual, partnership, copartnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.

(15) Planning Director. The term “Planning Director” means the Director of Planning of the City of Palmdale, or his or her designee.

(16) Regularly Features. As used in this section, the term “regularly features” with respect to an adult theater or adult cabaret 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.

(17) Semi-nude. As used in this section, the term “semi-nude” 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.

(18) Specified Anatomical Areas. As used herein, “specified anatomical areas” shall mean and include any of the following:

(a) Less than completely and opaquely covered human (i) genitals or pubic region; (ii) buttocks; and (iii) female breast below a point immediately above the top of the areola; or

(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

(c) Any device, costume, or covering that simulates any of the body parts included in subsection (B)(18)(a) or (b) of this section.

(19) Specified Sexual Activities. As used herein, “specified sexual activities” shall mean and include any of the following, whether performed directly or indirectly through clothing or other covering:

(a) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;

(b) Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;

(c) Masturbation, actual or simulated;

(d) Excretory functions as part of or in connection with any of the other activities described in subsections (19)(a) through (c) of this section.

(20) Substantially Enlarged. The term “substantially enlarged” 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;

(3) A copy of the applicant’s photographic identification, as defined in PMC 1.04.100;

(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 Section 92.05.C.1 of the City of Palmdale zoning ordinance, 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, Section 92.05.C.1;

(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) Any adult-oriented business which is also an adult-oriented motion picture theater shall also comply with PMC 5.04.570(B).

(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) Whether the applicant has ever been convicted of either:

(i) Any of the offenses set forth in Sections 315, 316, 243.5, 266a, 266b, 266c, 266e, 266g, 266h, 266l, 415, 647(a), 647(b), and 647(d) of the California Penal Code as those sections now exist or may hereafter be amended or renumbered, or

(ii) The equivalent of the aforesaid offenses outside the state of California;

(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;

(g) A copy of the applicant’s photographic identification, as defined in PMC 1.04.100;

(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: (1) offer testimonial, documentary, and tangible evidence bearing on the issues; (2) be represented by counsel; and (3) 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.

(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: (1) offer testimonial, documentary, and tangible evidence bearing on the issues; (2) be represented by counsel; and (3) 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.

(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.”

(7) Judicial Review. The appellant may seek judicial review of the City Council’s decision in accordance with California Code of Civil Procedure Section 1094.5 et seq. or as otherwise permitted by law.

(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.

(2) Exemption. This subsection (S) shall not be applicable to an adult-oriented business for which such transactions constitute less than 15 percent of the gross receipts of the business.

(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.

(1) Any adult-oriented business lawfully operating on the effective date of the ordinance codified in this section in violation hereof shall be deemed a nonconforming use.

(2) Any adult-oriented business lawfully operating on the effective date of the ordinance codified in this section which becomes nonconforming due to the location requirements enumerated in zoning ordinance Section 92.05(C)(1) shall cease operation, or otherwise be brought into full compliance with the location requirements of this section, not later than 20 years following the effective date of those requirements.

(3) Any adult-oriented business lawfully operating on the effective date of the ordinance codified in this section which becomes nonconforming due to either the design or performance standards enumerated in subsection (I) of this section shall cease operation, or otherwise be brought into full compliance with the design standards and performance standards of this section, not later than one year following the effective date of the ordinance codified in this section.

(4) Any adult-oriented business lawfully operating on the effective date of the ordinance codified in this section which becomes nonconforming based upon the definitions enumerated in subsection (B) of this section (Definitions) shall cease operation, or otherwise be brought into full compliance with the definitions of this section, not later than three years following the effective date of the ordinance codified in this section.

(5) Any adult-oriented business lawfully operating on the date of being annexed by the City which becomes nonconforming due to the location requirements enumerated in zoning ordinance Section 92.05(C)(1) shall cease operation, or otherwise be brought into full compliance with the location requirements of this section, not later than 20 years following the effective date of those criteria.

(6) Any adult-oriented business lawfully operating on the date of being annexed by the City which becomes nonconforming due to either the design or performance standards enumerated in subsection (I) of this section shall cease operation, or otherwise be brought into full compliance with the design standards and performance standards of this section, not later than one year following the effective date of the ordinance codified in this section.

(7) An adult-oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of: (i) a residential use or zone within 1,000 feet of the adult-oriented business; or (ii) a park, primary alcohol use, excluding convenience stores, church or school within 1,000 feet of the adult-oriented business. This exemption shall only apply if the adult-oriented business is continuous, which means that interruptions cannot exceed six months.

(8) Any adult-oriented business lawfully operating on the date of being annexed by the City which becomes nonconforming based upon the definitions enumerated in subsection (B) of this section shall cease operation, or otherwise be brought into full compliance with the definitions of this section, not later than three years following the effective date of the ordinance codified in this section.

(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. 1317 §§ 2, 3, 2007; Ord. 1299 §§ 4, 5, 2007; Ord. U-1299 §§ 4, 5, 2006; Ord. 1280 § 2, 2006; Ord. U-1280 § 2, 2006; Ord. 1120 §§ 6, 7, 8, 1998; Ord. 1115 § 3, 1997; Ord. U-1115 § 3, 1997; Ord. 1108 § 2(b), 1997; Ord. 915 § 2, 1991; Ord. 898 § 2, 1990)

5.04.410 Ambulances and ambulance drivers.

(A) Definitions. For the purposes of this section, the following terms shall have the following meanings:

(1) “Ambulance” means a motor vehicle specially constructed, modified, equipped or arranged for the purpose of transporting sick, injured, convalescent, infirm or otherwise incapacitated persons whose medical condition requires transportation services.

(2) “Ambulance attendant” means any person who is employed to accompany an ambulance driver while transporting a person whose medical condition requires medical transportation.

(3) “Ambulance driver” means any person who is employed by an ambulance operator to drive an ambulance.

(4) “Ambulance operator” means any person who, for any monetary or other consideration, or as an incident to any other occupation, offers ambulance transportation services from any location in the City.

(B) Exemptions.

(1) Generally. No permit for an ambulance operator, ambulance driver, or ambulance attendant is required where the ambulance operator is:

(a) A public agency; or

(b) A person who maintains ambulances to provide first aid to its own employees.

(2) Exemption for Intercity Transportation. The requirements of this section do not apply where the ambulance operator is transporting persons from a point outside of the City into the City, or where the ambulance operator is merely travelling through the City to reach its destination.

(C) Application Information – Ambulance Operators. In addition to the information required by PMC 5.04.140, the application for an ambulance operator shall contain the following information:

(1) A description of any and all judgments awarded against the applicant in all cases arising out of the applicant’s operation of an ambulance service in any other jurisdiction;

(2) The model, age, condition and patient capacity of each ambulance to be used in the operation of the ambulance business, and a description of the premises which are to serve as the base of operations;

(3) The kind and amount of automobile liability, public liability, professional liability, workers’ compensation, and other insurance carried by the ambulance operator applicant;

(4) The color scheme and insignia to be used to identify the applicant’s ambulances;

(5) The applicant’s experience in transporting sick, convalescent or injured persons; and

(6) The schedule of rates to be charged by the applicant.

(D) Vehicle Maintenance.

(1) Odometers. Every ambulance operator making any charges based on mileage shall have the odometer of each ambulance tested and certified by the Sheriff’s Department in accordance with the procedures of that department once every year. The results of such testing shall be reported to the Director by the permittee within 10 days.

(2) Periodic Inspections. Every ambulance operator who transports patients from or within the City shall have all ambulances under its ownership and control inspected yearly by a certified automotive repair dealer. Each ambulance operator shall provide the City with written confirmation, signed by that repair dealer, that the ambulances have been inspected and are in good working order within 10 days of the inspection.

(3) Failure to Make Inspection. If an ambulance operator fails to conduct a periodic inspection or fails to correct any maintenance problem noted in the inspection within 15 days of its discovery, such ambulance operator’s permit shall be subject to immediate suspension pending revocation proceedings in accordance with this chapter.

(E) Insurance Requirements.

(1) Insurance Required. Every applicant for an ambulance operator’s permit shall obtain and maintain in full force and effect general liability insurance and comprehensive automobile liability insurance in conformance with PMC 5.04.240. The liability coverage shall be in the amount of $1,000,000.

(2) Indemnifications. Every person permitted pursuant to this section shall execute an indemnity agreement as required by PMC 5.04.240.

(3) Workers’ Compensation Insurance. In addition to any other insurance requirements contained in this chapter, the applicant shall file with the Director a policy of workers’ compensation insurance, or a certificate of consent to self-insure issued by the State Director of Industrial Relations, applicable to all employees of the applicant. The permittee shall thereafter maintain in full force and effect such coverage during the term of the permit.

(F) Permits – Ambulance Drivers – Ambulance Attendants.

(1) Application Information. The permit application for an ambulance driver or ambulance attendant shall contain the following information:

(a) The applicant’s name, address and home phone number;

(b) A photocopy of a valid California special driver’s certificate (where applicable);

(c) A photocopy of either an Emergency Medical Technician I or IA or II Course Completion Certificate issued by the County of Los Angeles or by a school approved by the County of Los Angeles or a certificate for an emergency medical technician-paramedic issued by the Director of Health Services, unless the applicant is a physician or registered nurse licensed by the state;

(d) The name, address and phone number of the ambulance operator employing or intending to employ the applicant; and

(e) The ambulance operator’s proposed service area.

(2) Effect of Revocation of Certificate. If any applicable certificate required under this section is suspended, revoked, restricted or otherwise ceases to continue in full force and effect, the City permit for which such certification is required may be immediately suspended pending revocation proceedings as mandated by this chapter.

(3) Operator Responsibility. Every ambulance operator shall be responsible for promulgating and enforcing rules which ensure its employees’ compliance with this section. (Ord. 1026 § 2, 1993; Ord. 898 § 2, 1990)

5.04.420 Billiards.

(A) Definitions. For the purposes of this section the following terms shall have the following meanings:

(1) “Billiards,” “bagatelle,” or “pool” means a game, played on an oblong table, whose object is to hit balls into pockets around the table’s edge by means of a cue or stick.

(2) “Billiard club” means a proprietary club where billiards, bagatelle or pool is played, or in which any billiard, bagatelle or pool table is kept and persons are permitted to play or do play thereon, regardless of whether any fee is charged for the use of such table. “Billiard club” does not include a place having only one coin-operated pool or billiard table, which table is maintained as an incident to some other type of business activity.

(3) “Public billiard room” means any place open to the public where billiards, bagatelle or pool is played, or in which any billiard, bagatelle or pool table is kept and persons are permitted to play or do play thereon, regardless of whether any fee is charged for the use of such table. “Public billiard room” does not include a place having only one coin-operated pool or billiard table, which table is maintained as an incident to some other type of business activity.

(B) General Requirements.

(1) Application Information. In addition to the information required by PMC 5.04.140, an application for a permit to operate a billiard club or public billiard room shall state the exact location within the business establishment where the public billiard room or billiard club is to be located if such constitutes only a portion of a more extensive business establishment.

(2) Authorization of Location. Any permit issued to conduct a billiard club or public billiard room shall authorize the operation of such billiard club or public billiard room only at the place described in the application and only by the applicant.

(C) Operating Requirements.

(1) Visibility of Interior of Premises. Every billiard club or public billiard room shall be maintained so as to provide a clear and unobstructed view of the entire interior of the public billiard room or billiard club from the entrance into such room or club. A public billiard room or billiard club may be part of a more extensive business establishment that conducts other business activities and, in that event, need not be visible from the entrance to the more extensive business establishment.

(2) Hours of Operation.

(a) Generally. No public billiard room, billiard club or similar place of business shall be open from 2:00 a.m. until 6:00 a.m. of any day, nor shall an owner, manager or other person having charge of any billiard club or public billiard room keep the same open or allow or permit any game to be played therein between 2:00 a.m. until 6:00 a.m. of any day. No person shall remain on the premises of any public billiard room or billiard club during the hours when such public billiard room or billiard club is closed or required by this section to be closed, except the owner and regular employees.

(b) Exceptions. Notwithstanding subsection (C)(2)(a) of this section, any person having charge of any billiard room may apply to the Director for a permit to keep such room open from 2:00 a.m. to 6:00 a.m. The Director may grant such a permit if it finds that:

(i) The operation of the billiard room is on the same premises and is operated in conjunction with any other business that is normally and regularly operated between 2:00 a.m. and 6:00 a.m.; and

(ii) There is no objection to such operation by the Sheriff’s Department.

(3) Age Restrictions. The owner, manager or other person in charge of any public billiard room or billiard club shall not permit any person under the age of 18 years to be, remain in, enter or visit such place unless:

(a) Such minor is accompanied by one of his parents or by his guardian or by a spouse 18 years of age or older; or

(b) Such parent or guardian personally presents a written consent to the owner, manager or other person in charge that the minor be permitted to enter, and alcoholic beverages are neither sold nor served in such place, and such place has no permit to sell, dispense or serve alcoholic beverages. Such written consent shall be in a form approved by the Director.

(4) Exceptions. Notwithstanding subsections (C)(2) and (3) of this section, if a billiard club or public billiard room is maintained in a segregable and physically separate part of a more extensive business establishment, then its closure does not require the closure of the more extensive business establishment, and the age restrictions do not apply to the more extensive business establishment. The restrictions set forth in subsections (C)(2) and (3) of this section shall only apply to the segregated billiard club or public billiard room.

(5) Disorderly Persons. No owner, manager or other person in charge of any public billiard room or billiard club shall allow or permit any intoxicated, quarreling or disorderly person or persons to be or remain in such place. (Ord. U-1030 § 10, 1993; Ord. 898 § 2, 1990)

5.04.430 Bingo.

(A) Definitions. For the purposes of this section, the following terms shall have the following meanings:

(1) “Bingo” means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conforms to numbers or symbols selected at random. The game of bingo shall include cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes.

(2) “Eligible organization” shall be defined as any of the following:

(a) Labor, agricultural or horticultural organizations exempted from the payment of bank and corporation taxes by Section 23701a of the State Revenue and Taxation Code;

(b) Fraternal beneficiary societies, orders or organizations exempted from payment of bank and corporation taxes by Section 23701b of the State Revenue and Taxation Code;

(c) Religious, charitable, scientific, literary, educational, amateur sports or humanitarian organizations exempted from payment of bank and corporation taxes by Section 23701d of the State Revenue and Taxation Code;

(d) Business leagues, chambers of commerce, real estate boards and boards of trade exempted from payment of bank and corporation taxes by Section 23701e of the State Revenue and Taxation Code;

(e) Civic leagues, social welfare and employees’ organizations exempted from payment of bank and corporation taxes by Section 23701f of the State Revenue and Taxation Code;

(f) Nonprofit pleasure and recreation clubs exempted from payment of bank and corporation taxes by Section 23701g of the State Revenue and Taxation Code;

(g) Domestic fraternal societies, orders or associations exempted from payment of bank and corporation taxes by Section 23701l of the State Revenue and Taxation Code;

(h) A mobile home park association whose membership is comprised of the mobile home tenants of a single mobile home park, and which organization was formed for the benefit of the resident tenants; and

(i) A senior citizens organization which has been organized to benefit senior citizens and whose membership is comprised of persons over the age of 54.

(B) General Requirements.

(1) Games Permitted. Pursuant to Article IV, Section 19, of the California Constitution and Section 326.5 of the California Penal Code, this section authorizes the conduct of bingo games for charitable purposes and in conformity with the other requirements imposed herein.

(2) Eligible Organizations. Only an eligible organization may apply for a permit to operate bingo games within the City.

(3) General Procedure. The provisions of this section shall control the permitting of bingo games where in conflict with any other provisions of this chapter.

(a) Application Information. Any eligible organization shall file an application for a business permit to operate a bingo game with the Director upon a form to be provided by the City. Notwithstanding any other provision of this chapter, the application shall specify the following information:

(i) The name, address and telephone number of the local applicant organization, the nature of the organization, and a statement that the applicant is an eligible organization as defined by this section;

(ii) The names and addresses of all officers and directors of the eligible organization;

(iii) A list of the names of all members of the applicant organization who will operate and staff bingo games, and the date they became members;

(iv) A detailed schedule of the date, hours, location and occupancy capacity of the prospective location where each bingo game is to be held;

(v) A detailed description of the record system to account for the receipts, prizes, expenses and profits of each bingo game;

(vi) The location and signatories of the special bank accounts required by this section;

(vii) The specific charitable purposes which the bingo proceeds will benefit;

(viii) Whether the maximum number of players at any time will be more than 100;

(ix) A statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code and this section as they may be amended from time to time, and agrees that the permit to conduct bingo games may be revoked upon violation of any such provisions;

(x) The address to which notice, when required, is to be sent or mailed, and the names of any individual or individuals, in addition to those set forth elsewhere in the application, who are authorized to accept service of process on behalf of the permittee;

(xi) The signatures of at least two officers, including the presiding officer of the eligible organization; and

(xii) Any other information that the Director deems necessary.

(b) Fees Required. The fee for a business permit to operate bingo games shall be in an amount established by resolution of the City Council but shall not exceed $50.00 annually for an initial permit or a renewal. If an application for a permit is denied, one-half of any permit fee paid shall be refunded.

(c) Contents of Permit. A business permit to operate bingo games shall include the following information:

(i) The name and nature of the organization to which the permit is issued;

(ii) The address or location of the place where bingo games are authorized to be conducted. No more than one such location shall be authorized;

(iii) The occupancy capacity of the rooms in which bingo games are to be conducted;

(iv) The date of the expiration of the permit;

(v) Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter.

(d) Notification of Changes in Application Information.

(i) The permittee shall notify the Director in writing of the change of any fact set forth in the permittee’s application within five days.

(ii) The permittee shall notify the Director of any changes in the list of members who will operate and staff bingo games.

(iii) Any notification required by subsections (B)(3)(d)(i) and (ii) of this section shall be made in writing and served upon the Director in one of the following methods:

(A) Personal delivery at least three days prior to the operation of any game. The permittee shall obtain a receipt evidencing such delivery; or

(B) Transmittal of such changes by certified mail bearing a date at least five days prior to the operation of any game.

(iv) The permittee shall retain in its records proof of service of the notifications required by subsections (B)(3)(d)(i) and (ii) of this section.

(C) Operating Requirements.

(1) Games Open to Public. All bingo games conducted in the City shall be open to all members of the public.

(2) Hours of Operation. Each permit issued pursuant to this section shall allow the permittee to operate bingo games for only one day during each week. Bingo games shall not be conducted for more than six hours out of the 24-hour period of each day. No bingo game shall be conducted before 10:00 a.m. or after 2:00 a.m. of any day.

(3) Participants Must Be Present to Play. No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place in which the bingo game is being conducted.

(4) Use of Credit Prohibited. No permittee shall issue chips or money to a patron on credit or loan (including but not limited to IOUs and checks to be held) or allow any patron to play on credit.

(5) No Admission Fees. No admission fee, purchase or donation shall be required for entry onto the premises where the bingo game is conducted.

(6) Location Restrictions.

(a) A permittee shall conduct bingo games only on property owned, rented or leased by it, or property whose use is donated to the organization, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. Nothing in this section shall be construed to require that the property owned, rented or leased by the organization be used or leased exclusively by such organization. The permit issued under this section shall authorize the holder thereof to conduct bingo games only at the address which is stated in the application.

(b) The owner of a specific facility at which bingo games are played shall not allow use of the facility for such play for more than three days per week.

(7) Occupancy Limit. Notwithstanding that bingo games are open to the public, attendance at any bingo game shall be limited to the occupancy capacity of the room in which such games are conducted, as determined by the Fire Department and the Division of Building and Safety, in accordance with applicable laws and regulations. The permittee shall not reserve seats or space for any person.

(8) Permit and Rules to Be Posted. Before conducting a bingo game, the permittee shall post its business permit to operate the bingo game in a conspicuous place at the public entrance to the property on which the game is to be conducted. The permittee shall produce and exhibit the same when applying for a renewal thereof, and whenever requested to do so by any officer authorized to issue or inspect permits or to enforce the provisions of this chapter or this code. The permittee shall also post the costs, prizes and rules of each game to be played adjacent to the permit during the conduct of the bingo game.

(9) List of Members Operating and Staffing Games. The permittee shall have available on the premises the list of members operating and staffing the game at all times during the conduct of games. If the list is different from the list originally submitted with the permittee’s application, proof of service of the revised list on the Director shall be attached to the current list.

(10) Alcoholic Beverages Prohibited. Alcoholic beverages shall not be served or consumed on the premises at which bingo games are conducted during the hours of operation of a bingo game. No person who is intoxicated shall be allowed to participate in a bingo game.

(11) Minors Not to Participate. No person under the age of 18 years of age shall be allowed to participate in any bingo game.

(12) Enforcement. The City, by and through its authorized personnel, may conduct an examination or inspection of any premises in which bingo games are conducted at any reasonable time for the purpose of determining whether the permittee is complying with all of the provisions of this section and all other applicable statutes, ordinances, rules and regulations affecting the permittee or the business activity.

(13) Operation by Permittee.

(a) A bingo game shall be operated, managed, staffed and advertised only by members of the permittee organization. Such members shall not receive a profit, wage or salary, or any other direct or indirect consideration from any bingo game.

(b) All staff members of bingo games shall wear on their outside clothing an identification insignia or badge not less than two inches by three inches in dimension, indicating the name and title of the staff member.

(14) Bingo Game Operators.

(a) All members of eligible organizations who operate the bingo games on behalf of an eligible organization shall apply for a bingo operator’s permit with the Director upon a form provided by the City. A permit fee shall not be required; however, no person shall operate a bingo game on behalf of a permitted eligible organization until such application has been reviewed and approved pursuant to PMC 5.04.180.

(b) The application for a bingo operator shall contain the following information:

(i) The applicant’s name, address and phone number;

(ii) Photographic identification, as defined in PMC 1.04.100, and fingerprints of the applicant;

(iii) A record of the applicant’s employment history for the last three years; and

(iv) The name of the eligible organization for which he or she will operate bingo games.

(D) Accounting Procedures.

(1) Proceeds.

(a) The proceeds derived from the operation of a bingo game shall be used only for charitable purposes.

(b) Organizations exempt from the payment of bank and corporation tax pursuant to Section 23701d of the State Revenue and Taxation Code shall keep all profits derived from a bingo game in a separate fund or account which shall not be commingled with any other fund or account. Such profits shall be used only for charitable purposes.

(c) All other eligible organizations authorized to conduct bingo games pursuant to this section shall keep all proceeds derived from a bingo game in a special fund or account which shall not be commingled with any other fund or account. Such proceeds shall be used only for charitable purposes, except as follows:

(i) Such proceeds may be used for prizes at authorized bingo games;

(ii) A portion of such proceeds, not to exceed 10 percent of the proceeds after the deduction of prizes, or $1,000 per month, whichever is less, may be used for rental of property, including the purchase of bingo equipment, administrative expenses, security equipment, and security personnel.

(d) All proceeds derived from any bingo game shall be deposited in a special account as required by this section, within 24 hours of the completion of the bingo game and shall not be commingled with any other account or funds.

(e) Prizes Awarded.

(i) The total value of prizes awarded during the conduct of any bingo game shall not exceed $250.00 in cash or kind, or both, for each separate game which is held. All monetary or cash prizes shall be paid in the form of a check drawn on a financial institution.

(ii) The permittee shall keep a record, on a form approved by the Director, showing the name and written signature, the address, the telephone number of the winner, and the consecutive serial number on the receipt for the prize.

(2) Inspection of Records.

(a) The permittee shall keep full and accurate records of the income and expenses received and disbursed in connection with its operation, conduct, promotion, or supervision of bingo games which are authorized by this section. The City, by and through its authorized personnel, may examine and audit such records at any reasonable time, and the permittee shall fully cooperate with the City by making such records available. Such examination may consist of, but is not limited to, the actual counting or examination of players, bingo cards, and equipment, records and funds.

(b) The Director may demand a complete detailed accounting of all income and expenses at any time for good cause. If the permittee fails to render such an accounting within the time limit set by the Director, the bingo permit shall be temporarily suspended until such accounting is rendered.

(E) Bond Requirements.

(1) Terms of Bond. Except as provided in subsection (E)(4) of this section, every eligible applicant organization shall, as a condition of the issuance of a bingo permit, maintain a bond in the sum of $5,000 with the Director, running to the City for the use and benefit of interested persons and parties, executed by the eligible applicant organization and a surety company authorized to do business in the state.

In lieu of such bond, the eligible applicant organization may assign to the City savings and loan certificates or a cashier’s check totalling $5,000.

The bond or assignment shall be required to ensure strict compliance by the eligible applicant organization with the provisions of this chapter and any other applicable statutes, rules, regulations or ordinances and to ensure the repayment of any direct pecuniary loss sustained through any act of grand or petty theft or any other wrongful act on the part of any principal, employee or operator of any bingo game.

(2) Action Upon the Bond. Any person who sustains any injury covered by the bond described in this section may, in addition to any other remedy which that person may have, bring an action in his or her own name upon the bond for the recovery of any damage sustained. The bond shall continue in effect and may be sued upon from time to time until the whole of the penalty shall be exhausted. The Director may require the filing of a new bond, as provided for in this section. Upon failure to file a new bond within 10 days, the Director shall forthwith suspend the bingo permit and any related bingo operator permits.

(3) Action on the Assignment. If, in lieu of a bond, an applicant assigns to the City savings and loan certificates or a cashier’s check, the applicant shall agree in writing that if the Director finds that any person has sustained any pecuniary loss through any act of grand or petty theft or other wrongful act on the part of the eligible organization, employee or bingo operator, the City may redeem a sufficient number of such certificates or may deposit the cashier’s check and, from the proceeds, reimburse such person for loss sustained. The Director may require the assignment of additional funds as provided in this section. Upon failure to make such assignment within 10 days, the Director shall suspend the bingo permit and any related bingo operator permits.

(4) Exemptions from Bond Requirements. The bond requirements set forth in subsection (E)(1) of this section shall not be applicable to mobile home park associations or to senior citizens organizations whose membership is comprised predominately of residents of this City. (Ord. 1408 § 4, 2010; Ord. 1317 § 4, 2007; Ord. U-1030 §§ 11 – 14, 1993; Ord. 929 § 1, 1991; Ord. 898 § 2, 1990)

5.04.440 Carnivals and concessions.

(A) Definitions. For purposes of this section, the following words shall have the following meanings:

(1) “Carnival” means a business enterprise consisting of amusements which include, but are not limited to, merry-go-rounds, ferris wheels, or other similar mechanical apparatus or rides; menageries, trained animal acts, circuses, animal rides, petting zoos or similar animal exhibitions; acrobatic shows, boxing exhibitions or other physical feats or demonstrations; sideshows, games or tests of strength, skill or other capacity; and public eating places for which a fee or payment may be charged for entry into the location, viewing of any such entertainment or amusement, participation in any of its activities, or purchase of food, drink or merchandise.

(2) “Concession” means each ride, show, store, booth, game, eating place or other public attraction which is part of a carnival, as defined in this section.

(B) General Requirements.

(1) Scope of Permit. A permit to operate a carnival entitles the permittee to operate and manage the entire carnival. It may also authorize the permittee to operate carnival concessions; provided, that the concessions are specified in the application for the permit, that the proceeds from the concessions are to be disbursed, “split” or otherwise apportioned by or through the permittee to whomever runs the concessions. Otherwise, a separate permit is required for each concession to be operated at any carnival, and every applicant therefor must comply with the application requirements of this section to the extent applicable to any such concession.

(2) Application Information.

(a) In addition to the information required by PMC 5.04.140, every person applying for a business permit to operate, conduct or manage a carnival or concession shall file an application with the Director which shall contain the following information:

(i) If a corporation, the applicant shall provide a copy of its articles of incorporation;

(ii) A detailed description of the dates, location, and hours of operation of the carnival or concession;

(iii) A list of the names of all agents and employees involved in the operation and management of the carnival if the permit application is for a carnival, and a similar list of agents and employees involved in the conduct of the concession if the permit application is for a concession;

(iv) A detailed schedule of the concessions to be presented by the applicant at the carnival, including the various fees to be charged, the names of the persons in charge of each concession, and the rules for the operation of each such concession;

(v) Copies of all contracts, agreements or other written memoranda between the applicant and any other person with respect to the operation of each concession at the carnival, including a statement as to disbursement, “split” or other apportionment of the proceeds between the applicant and any other person;

(vi) A detailed description of the mechanical devices or equipment owned by or under the control of the applicant to be used in the operation of the carnival or concession;

(vii) Copies of all policies and binders of liability insurance, including, but not limited to, vehicle, public, product and professional, and workers’ compensation insurance held by the applicant;

(viii) Copies of the applicant’s rules and regulations governing the operation of the carnival or concession;

(ix) Proposed date, time and location for on-site inspection by interested City or County departments prior to the commencement of the carnival or concession;

(x) A statement that the applicant agrees to operate the carnival or concession in strict accordance with the provisions of this section and all other applicable laws, and assumes full responsibility for the lawful and safe operation of the carnival or concession; and

(xi) Where the applicant for a carnival or concession permit is not the sponsor of the carnival or concession, the name, address and telephone number of each sponsor and a detailed description of the functions, responsibilities and obligations of any such sponsor in the operation of the carnival or concession.

(b) The application for permit shall be filed at least 60 days prior to the commencement of any carnival.

(3) Sponsors. Every person sponsoring a carnival or concession for a charitable purpose shall comply with the provisions of this code regarding charitable solicitors, in addition to the requirements herein, prior to the commencement of such carnival or concession.

(4) Current Supplementary Information Required. The applicant or permittee shall be required to keep current the information required on the application for a carnival or concession permit by supplementing or modifying the information to maintain its accuracy. Supplementary information shall include, but is not limited to, future dates, locations and hours of operation of the carnival or concessions; new or otherwise undisclosed agents and employees involved in the operation of the carnival or concessions; new or otherwise undisclosed sponsors of the carnival or concessions; and new or otherwise undisclosed concessions to be presented at the carnival.

(5) Additional Conditions. In addition to any conditions which may be imposed pursuant to this chapter, the permit shall be subject to the condition that the applicant or permittee satisfactorily undergo an on-site inspection of the location of the permitted activity by interested officers or departments of the City or County prior to commencement of the permitted activity. The Director may impose such other conditions as the Director finds necessary for reasons of health, sanitation, noise, clean-up, and the general welfare of the public. Such conditions shall appear on the permit.

(C) Operating Requirements.

(1) Responsibilities of Permittee. The carnival permittee shall be responsible for the manner in which all rides, exhibits, shows, games and other concessions allowed under the carnival permit are conducted, regardless of whether the permittee is operating independently or in conjunction with, or as an agent for, any religious or charitable organization. A carnival concession permittee is similarly responsible for the conduct of the concessions for which it is permitted.

(2) Posting of Regulations. All rules pertaining to the operation of any ride, game or other concession must be posted conspicuously at the location of the ride, game, or other concession. The fee for viewing, participating or otherwise engaging in any ride, game or other concession must also be conspicuously posted.

(3) Concessions – Operation Requirements.

(a) All players or participants in any game or other concession must be given an equal opportunity to play or participate. Prior to allowing any person to play or participate in any game or other concession, the concession operator shall collect the posted fee and return the proper change to the player or participant. The concession operator shall not collect for more than a single game from any player or participant at one time. The use or employment of “sticks,” “shills,” or any person posing as a patron, when not really a patron, is prohibited. The employment or utilization of minors under the age of 16 years of age in the operation of any rides, games or other concessions is prohibited. Games or other concessions utilizing foul lines wherein any person or persons involved in the operation of the game or concession are the sole determiners as to whether or not a player has fouled are prohibited.

(b) No concessions other than those submitted to and approved by the Director shall be played, conducted, permitted or allowed at the carnival location.

(c) Any packaged merchandise distributed as a prize shall be plainly marked and its contents described conspicuously. Only items of merchandise that can actually be won by any player may be displayed in conjunction with any game or other concession. No other merchandise or prize shall be displayed. Special games or other concessions wherein a player is charged a greater fee than other players are charged in order to win or compete for any special or larger prize are prohibited.

(4) Game of Chance Prohibited. Games of skill may be permitted under a carnival or concession permit. Games of chance are prohibited.

(5) Operating Hours. A carnival or concession may only operate between the hours of 10:00 a.m. and 10:00 p.m.

(D) Insurance Requirements. Every applicant for a carnival permit shall obtain and maintain in full force and effect public liability insurance in conformance with PMC 5.04.240. The liability coverage shall be in the amount of $5,000,000.

(E) Conditions of Permit. The Director may issue a permit pursuant to this section upon the following findings:

(1) The zone in which the carnival is proposed to be conducted has been approved by the Planning Department and will not be detrimental to the public health, safety and welfare;

(2) The carnival is not located within 500 feet of a residential neighborhood, or the carnival operator has received the written consent of more than 50 percent of the owners and tenants of any residences located within 500 feet of the carnival site; and

(3) The applicant will adequately provide for the maintenance and cleanliness of the carnival site prior to, during, and upon closing of the carnival. (Ord. U-1030 § 15, 1993; Ord. 898 § 2, 1990)

5.04.450 Dance halls and dances.

(A) Definitions. For purposes of this section, the following words shall have the following meanings:

(1) “Private dance” means a recreational dance at a private dance hall which is sponsored or conducted by any person other than the permittee of the private dance hall.

(2) “Private dance hall” means a business establishment that provides recreational dancing facilities, either as its main purpose, or as an incident thereto, for its members or their bona fide guests.

(3) “Public dance” means a recreational dance at a public dance hall which is sponsored or conducted by any person other than the permittee of the public dance hall.

(4) “Public dance hall” means a business establishment that is open to the public and that provides recreational dancing facilities, either as its main purpose, or as an incident thereto, for members of the public.

(5) “Recreational dance” or “recreational dancing” means dancing for purposes of amusement or diversion. “Recreational dancing” includes, but is not limited to, social dancing and does not include a dance performance for purposes of entertaining an audience.

(6) “Special dance” means an individual public dance or private dance sponsored or conducted by any person, other than the permittee of a public or private dance hall, which dance, if authorized, will result in not more than three such dances being conducted by such applicant in any three-month period.

(7) “Youth dance” means a public or private dance to which persons between the ages of 15 and 21 are admitted and which is sponsored or conducted by any person other than the permittee of a public or private dance hall.

(B) Application Information.

(1) Procedure. In addition to the information required in PMC 5.04.140, the following information shall also be required of any applicant for a business permit to conduct a public or private dance at a public or private dance hall or to conduct a special dance or a youth dance:

(a) 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;

(b) 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; and

(c) Whether the permittee intends to conduct the private or public dance as a youth dance.

(2) Special Dance Information.

(a) In addition to the information required by PMC 5.04.140, and subsection (B)(1) of this section, an applicant for a business permit to conduct a special dance shall specify the number of dances held within the three-month period immediately preceding the date of the application.

(b) An application for a special dance permit shall be filed within 45 days of the date on which the dance is to be held, unless the Director shortens that period of time upon a showing of good cause.

(c) A special dance permit may only be issued if no more than three such dances will be held in any three-month period. A separate permit shall be issued for each special dance and a separate application shall be filed for each such dance, in accordance with the provisions of this section.

(C) Operating Requirements.

(1) Hours of Operation. A public or private dance may be conducted at a public or private dance hall and a special dance may be conducted at a business establishment only between the hours of 7:00 a.m. and 2:00 a.m. of any day unless the City Council specifically authorizes otherwise upon a showing of good cause and that authorization is expressly set forth on the business permit.

(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 establishment at which a public, private, special or youth dance is held 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) If an establishment at which a permitted public, private, special or youth dance is held, owns or operates an adjacent parking lot, that lot shall be illuminated throughout to an intensity of at least two foot-candles.

(4) Manager Required. Any public dance, private dance, special dance or youth dance shall have a responsible person on the premises to act as manager and supervise employees at all times during which the dance is ongoing. Such manager shall be permitted pursuant to PMC 5.04.050.

(5) Number of Employees.

(a) Every establishment at which a public, private, special or youth dance is conducted, having a capacity of 200 persons or less, shall provide at least one employee in constant attendance during the hours of operation of the public, private, special or youth dance. Such establishment shall provide at least one additional employee for each incremental gain in capacity of 100 persons.

(b) These employees shall be responsible for maintaining order during the hours of operation of the public, private, special or youth dance, and checking the admission of minors, where applicable.

(c) The Director may require additional employees at any dance hall or establishment as the Director deems necessary.

(6) Age Restrictions.

(a) Generally. No person under 21 years of age shall be allowed into an establishment permitted for dance under this section unless:

(i) The establishment is a bona fide hotel, cafe or other public eating place where meals are regularly served and where a public dance or entertainment is held; or

(ii) The establishment permitted for dance does not serve or allow to be consumed alcoholic beverages on the premises.

(b) Youth Dances. No alcoholic beverages shall be sold or consumed at any establishment at which youth dances are conducted.

(7) Readmission to Dance. A person permitted under this section shall not readmit into any establishment or event any person who has left such dance unless either:

(a) An admission charge not less than that charged to patrons entering such dance establishment or event for the first time is again paid; or

(b) The permit specifically states that such readmission may be allowed.

(8) Inspection Authority. Any City official or employee authorized to enforce the provisions of this chapter or this code may conduct an inspection of the premises permitted under this section at any reasonable time to ensure compliance with the provisions of this chapter.

(9) Employee Activities Prohibited. Employees shall not solicit or accept drinks from customers. (Ord. U-1030 §§ 16, 17, 1993; Ord. 898 § 2, 1990)

5.04.460 Entertainment.

(A) Definitions. For purposes of this section, the following words shall have the following meanings:

(1) “Entertainment” 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.

(2) “Adult-oriented entertainment” 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)(1).

(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, 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.

(4) Manager Required. All business establishments permitted under this section shall have a responsible person on the premises to act as manager at all times during which the establishment is open. Such manager shall be permitted pursuant to PMC 5.04.040. (Ord. 1108 § 2(c), 1997; Ord. U-1000 § 1, 1992; Ord. 915 § 3, 1991; Ord. 898 § 2, 1990)

5.04.470 Escort bureaus and introductory services.

(A) Definitions. For purposes of this section, the following terms shall have the following meanings:

(1) “Escort” means:

(a) Any person who, for compensation, acts as a companion to other individuals, accompanying them to social affairs, places of entertainment, amusement, places of public assembly, or within any private quarters located within the City; or

(b) Any person who, for compensation, acts as a companion to other individuals, accompanying them in or about any business or commercial establishment, or part or portion thereof, located within the City.

(2) “Escort bureau” means any business establishment which, for financial compensation, furnishes, or offers to furnish, escorts.

(3) “Introductory service” means a business which, for compensation, provides or offers a service, the principal purpose of which is to aid individuals to become socially acquainted or otherwise assist individuals to meet for social purposes, or which provides information to individuals about others for the purpose of facilitating their meeting.

(B) Permitted Services. Escort bureaus, as defined in this section, are prohibited to operate in the City of Palmdale. Introductory services may be permitted in accordance with the provisions of this section.

(C) Permit Exemption. This section shall not apply to the lawful business of any employment office or employment agency permitted under state law.

(D) Application Information. In addition to the information required by PMC 5.04.140, an application for a business permit for an introductory service shall contain the following information, as applicable:

(1) The full names, aliases and residential addresses of all escorts and employees and independent contractors employed by or intended to be employed by the applicant;

(2) The last two previous addresses of the applicant and each employee;

(3) The business, occupation, or employment of the applicant, and each employee for the last three years immediately preceding the application;

(4) The sex, height, weight, hair and eye color of the applicant, and each employee;

(5) Photographs and fingerprints of the applicant and each employee;

(6) If the applicant is not the owner of record of the real property upon which the introductory service is or is to be located, the application shall be accompanied by a notarized statement from the owner of record of the property acknowledging that an introductory service is or will be located on the property. In addition to furnishing such notarized statement, the applicant shall furnish the name, business telephone number and business address of the owner of record of the property, as well as a copy of the lease or rental agreement pertaining to the premises in which the introductory service is or will be located; and

(7) A description of the service to be provided.

(E) Operating Requirements.

(1) Registration of Employees.

(a) Every employee of an introductory service shall register with the business license division and no introductory service shall hire or employ any employee who is not registered with the business license division.

(b) Every introductory service shall, within 24 hours, notify the business license division of every change in personnel of employees.

(2) Manager Required. Every introductory service permitted pursuant to this section shall hire a manager to oversee the operation of the permitted activity at all hours during which the service is open. Such manager shall be permitted pursuant to PMC 5.04.050, and must sign a statement indicating full knowledge of all applicable regulations.

(3) Age Restrictions.

(a) A person conducting an introductory service shall not list or provide any individuals, or their names or addresses, for purposes of introduction or dating, who are less than 18 years of age.

(b) A person who conducts an introductory service shall not employ or date any person under 18 years of age.

(4) Record of Transaction.

(a) Every person managing an introductory service shall keep a record of every transaction showing:

(i) The names of any individuals introduced, as applicable;

(ii) The full name, residence address, and telephone number of the patron or customer for whom introduction is made, as applicable. Every effort shall be made to verify the minimum age of youthful-appearing clients.

(b) The permittee shall keep all such records available for inspection by the Sheriff, any of his deputies, any Police Officer, or any person authorized to enforce the provisions of this code. The permittee shall deliver the records to the City or authorized agent upon request.

(5) Location. An introductory service may be permitted in the C-3 (General Commercial) Zone, pursuant to the applicable provisions of the zoning ordinance.

(F) Bond Required.

(1) At the time of filing an application with the Director, the applicant shall file and thereafter maintain with the City a good and sufficient bond in the aggregate sum of $5,000, running to the City of the use and benefit of interested persons and parties, executed by the applicant and two or more responsible sureties, or a surety company authorized to do business in the state of California, which surety company shall be approved by the Director.

(2) Recovery for Damage. Any individual who sustains any injury covered by the bond may, in addition to any other remedy at law which the individual may have, bring an action in his or her own name upon the bond for the recovery of any damage sustained by that person. Upon such action being commenced, such bond shall not be void upon first recovery thereon but may be sued upon from time to time until the whole of the penalty shall be exhausted.

(3) Damages Covered. The bond shall protect patrons or customers of the introductory service from damages arising from any fraud or theft perpetrated by the owners, operators, or employees of such businesses as a result of the operation thereof.

(G) Suspension or Revocation Conditions. In addition to the grounds specified in PMC 5.04.310, a permit to conduct an introductory service may be suspended or revoked if the Director or the City Council finds:

(1) That the permittee has committed, caused, encouraged, or condoned the commission of any lewd act or any act of prostitution; or

(2) That the business has been conducted, in whole or in part, as a subterfuge to facilitate or to conceal the conduct of any unlawful business or practice. (Ord. 1108 § 2(d), 1997; Ord. 915 § 4, 1991; Ord. 898 § 2, 1990)

5.04.480 Fortunetelling.

(A) Definitions. For purposes of this section, the following term shall have the following meaning:

(1) “Fortunetelling” means the practicing or carrying on of any art, profession or business which shall include, but not be limited to, the telling of fortunes, forecasting of futures, or furnishing of any information not otherwise obtainable by, the ordinary process of knowledge, for or without pay. “Fortunetelling” shall include, but not be limited to, “psychic reading,” “occult reading,” “clairvoyance,” “clairaudience,” “cartomancy,” “psychometry,” “phrenology,” “spirits,” “mediumship,” “seership,” “prophecy,” “augury,” “astrology,” “palmistry,” “necromancy,” “mind reading,” “tarot card readings,” “tea leaves,” “telepathy” or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, gypsy cunning or foresight, crystal gazing, and crystal reading of any kind or nature.

(B) Permit Exemptions.

(1) This section shall not apply to the licensed practice of psychology, psychotherapy, counseling, hypnotherapy, or any other related healing art which is licensed or regulated pursuant to the California Business and Professions Code.

(2) This section shall not apply to any person who is engaged solely in providing fortunetelling services to groups by demonstrations of mind-reading, mental telepathy, thought conveyance, or the giving of horoscopic readings at public places and in the presence of and within the hearing of other persons and at which no questions are answered except in a manner to permit all persons present at such public place to hear such answers.

(C) Application Information. In addition to the information required by PMC 5.04.140, application for a permit for fortunetelling shall contain the following information:

(1) The last two previous addresses of the applicant;

(2) Photographs and fingerprints of the applicant and each employee; and

(3) If the applicant is not the owner of record of the real property upon which the fortunetelling activity is or is to be located, the application must be accompanied by a notarized statement from the owner of record of the property acknowledging that a fortunetelling business or service is or will be located on the property. In addition to furnishing such notarized statement, the applicant shall furnish the name and address of the owner of record of the property, as well as a copy of the lease or rental agreement pertaining to the premises in which the fortunetelling business or activity is or will be located. (Ord. 898 § 2, 1990)

5.04.490 Game arcades.

(A) Definitions. For purposes of this section, the following words shall have the following meanings:

(1) “Coin-operated game” 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.

(2) “Game arcade” means any place open to the public where five or more coin-operated 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, pursuant to PMC 5.04.050, 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.

(2) Visibility of Interior.

(a) The permittee shall maintain the interior premises of the game arcade in a manner such that it is clearly visible from the entrance to the establishment in which the game arcade is located.

(b) Notwithstanding subsection (B)(2)(a) of this section, if the game arcade is located in a physically segregated portion of the premises, the permittee shall maintain its interior in a manner such that it is clearly visible from the entrance into the game arcade. (Ord. 919 § 6, 1991; Ord. U-919 § 1, 1991; Ord. 898 § 2, 1990)

5.04.500 Gun dealers.

(A) Definitions. For purposes of this section, the following term shall have the following meaning:

“Gun dealer” 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 on 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:

(i) Unless unloaded and securely wrapped or unloaded and in a locked container;

(ii) Unless the purchaser or transferee either is personally known to the dealer or presents clear evidence of his or her identity to the dealer;

(iii) Whenever the dealer is notified by the Department of Justice that a purchaser is in a prohibited class described in Section 12021 or 12021.1 of the Penal Code or Section 8100 or 8103 of the Welfare and Institutions Code.

(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.

(d) The permittee shall comply with Sections 12073 and 12077 and subdivision (b) of Section 12072 of the State Penal Code. (Ord. 1120 § 9, 1998; Ord. 898 § 2, 1990)

5.04.510 Health clubs.

(A) Definitions. For purposes of this section, the following terms shall have the following meanings:

(1) “Health club” means:

(a) Any business which offers or provides to the public on a membership basis, services, facilities, instruction, training or assistance in body building, exercising, weight reduction, figure development, aerobics or any other similar physical activity;

(b) Any business which has therein steam rooms, saunas, shower stalls, swimming pools, soaking facilities such as spas, tubs or any other device in which a person can soak, such as a steam bath.

(2) “Health club contract” means a contract in the form and manner prescribed by California Civil Code Section 1812.80 et seq. between a health club and a consumer for health club services.

(3) “Health club closure” means the discontinuation or relocation of health club services in the manner, and at the location, specified in the health club contract. This shall not include temporary closures for a period of two weeks or less in order to make repairs or alterations to existing facilities.

(4) “Refund” means an amount equal to the pro-rated value of the remaining time on a health club contract at the time of a health club closure. Initiation and processing fees, if any, shall be included if such fees were paid within two years of the date of the health club closure.

(B) Permit Exemptions. The provisions of this section do not apply to:

(1) Health clubs located within a private residence, condominium, townhouse or apartment complex;

(2) A place where primary treatment in the practice of any healing art or profession is administered pursuant to the provisions of the Business and Professions Code or any other statute of the state of California;

(3) A place of employment where bathing facilities for the use of employees are required by law; or

(4) Any business permitted under this chapter as a massage establishment.

(C) Operating Requirements.

(1) Term of Health Club Contract. No health club operating in the City shall contract to provide health club services for a period of time beyond which the health club has an ownership or leasehold interest to operate such health club.

(2) Effect of Closure.

(a) Any health club closure due to repairs or alterations, resulting in the closure of said health club for a period of two weeks or longer, shall result in an extension of the consumer’s health club contract for the period of the health club closure, which extension shall be added to the remaining time period of the initial contract. The health club shall keep a record of all closures lasting for any period exceeding two weeks.

(b) Any health club closure attributable to repairs or alterations, resulting in the closure of said health club for a period of three months or longer, shall comply with one of the following, at the option of the consumer:

(i) The consumer shall be granted an extension of the consumer’s contract for the period of health club closure, which extension shall be added to the remaining time period of the initial contract; or

(ii) The consumer shall be granted a refund of the amount remaining of the health club contract, pro-rated from the first day of the health club closure.

(c) A health club closure due to the relocation of the health club shall result in one of the following:

(i) If the club is relocated within a reasonable distance (a five-square-mile radius) of its current location, then the consumer shall be granted an extension of the health club contract for the period during which the club is closed for relocation; or

(ii) If the club is relocated to a location greater than a five-square-mile radius from the location specified in the consumer’s contract, the consumer shall be given, at his or her option, a refund of the amount remaining on the health club contract, pro-rated from the first day of the health club closure, or an extension of the contract on the terms specified in subsection (C)(1) of this section.

(3) Disclosure Statement. All health club contracts entered into in the City shall be accompanied by a disclosure statement which shall read, in bold face:

NOTICE TO CONSUMERS: In the event of a health club closure, you may have additional protections afforded by local law beyond those provided to you under state law. For more information, contact the City of Palmdale, Director of Finance, 38300 North Sierra Highway, Palmdale, California, 93550.

(4) Compliance Period. All health clubs shall comply with the requirements of this section on or before December 31, 1990.

(5) Sign at Main Entrance. A recognizable and readable sign shall be posted at the main entrance of every health club within the City identifying the establishment. Such sign shall comply with all requirements of this code.

(6) Maintenance of Facilities. All persons permitted to operate a health club pursuant to this chapter shall ensure that:

(a) Hot and cold running water is provided at all times;

(b) Separate closed cabinets are provided for the storage of clean and soiled towels and these cabinets are plainly marked “Clean Towels” and “Soiled Towels”;

(c) All equipment is maintained in a good state of repair and all walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical facilities of the establishment are in good repair and maintained in a clean and sanitary condition;

(d) Clean and sanitary disposable towels are provided for each patron of the establishment. No common use of towels or linens shall be permitted;

(e) The facility is adequately ventilated and air-conditioned; and

(f) Separate changing and restroom facilities are provided for men and women.

(D) Bond Requirements.

(1) Bond Required. No permit shall be issued or renewed pursuant to this section unless the applicant files with the Director a bond, executed by an admitted surety insurer, which meets all of the following requirements:

(a) The bond filed upon issuance of the permit shall be in an amount equal to the greater of: (i) $10,000, or (ii) an amount equal to the applicant’s estimate of the aggregate amount of prepaid initiation fees and prepaid annual and multi-annual membership fees to be received during the first year of business operations.

(b) The bond filed upon any renewal of the permit shall be in an amount equal to the greater of: (i) $10,000, or (ii) the aggregate amount received during the prior year as prepaid initiation fees and prepaid annual or multi-annual membership fees (less that amount of such fees actually applied to membership privileges), plus an amount equal to the renewal applicant’s estimate of such prepaid fees to be received during the ensuing year of business operations.

(c) The bond shall be for the benefit of, and shall be enforceable by, any person who suffers a loss as a consequence of a health club closure or as a consequence of any wrongful act of the permittee acting in the course and scope of the permittee’s business or by any official, agent or employee of the permittee acting in the course or scope of his or her employment or agency.

(d) The bond shall be maintained in full force and effect in the required amount as a condition of continuing to engage in business. Any permit issued under this section shall be automatically revoked whenever any such bond, for any reason, ceases to be effective.

(e) The bond shall contain an acknowledgement by the admitted surety insurer of its obligations, in the event of a health club closure, to administer and pay claims for refunds as provided for in subsection (E) of this section.

(2) Exemptions from Bond Requirements. A bond shall not be required for the issuance or renewal of a health club permit if the Director, after consultation with the City Attorney, determines that the applicant is eligible for an exemption based upon any one of the following criteria:

(a) The applicant is a nonprofit organization which has qualified for a tax exemption pursuant to the California Revenue and Taxation Code; or

(b) The applicant charges consumers on a monthly or quarterly fee basis (excluding installment plans) and does not charge as an initiation fee an amount greater than the amount of the monthly fee; or

(c) The applicant has continuously provided health club services during the three-year period immediately prior to the date of the permit application, the applicant has unsecured and unencumbered assets in excess of $1,000,000, and the applicant warrants to the City, in a form approved by the City Attorney, that any subsequent sale or transfer of the health club shall be conditioned upon the applicant either providing refunds to consumers or requiring the successor to honor in full the terms and conditions of the applicant’s existing health club contracts. An applicant qualifying for an exemption pursuant to this subsection shall annually file, concurrent with its business permit renewal application, a statement certifying that the applicant continues to maintain unsecured and unencumbered assets in excess of $1,000,000; or

(d) The applicant provides evidence satisfactory to the Director that the sum of $75,000 has been deposited directly into a trust account in a federally insured bank or savings and loan association, that a trust has been created and will be maintained for the benefit of any person who suffers a loss as a consequence of any wrongful act of the permittee acting in the course and scope of the permittee’s business or by any official, agent or employee of the permittee acting in the course or scope of his or her employment or agency, and that the trustee of such trust account is obligated, in the event of a health club closure, to administer and pay claims for refunds as provided for in subsection (E) of this section.

(E) Administration of Refunds Following a Health Club Closure.

(1) Processing and Disbursement of Refunds. If, within 30 days following a health club closure, the permittee fails to refund to its customers all prepaid sums for services not received, then the admitted surety insurer issuing the bond, or the trustee of the trust account, as applicable, shall have the following obligations:

(a) To establish a health club refund account consisting of the bond proceeds or the funds on deposit in the trust account, as applicable;

(b) To receive and review all claims by customers for refunds;

(c) To determine the validity of all claims for refunds and to disburse refunds to those entitled to receive them; provided, however, that if all claims for refunds cannot be paid in full, such claims shall be paid on a pro-rata basis, taking into consideration the period of time remaining on the claimant’s contract with the health club;

(d) Unless otherwise authorized by the City, no claim for a refund shall be accepted for processing more than six months after a health club closure, and no claims shall be paid until the end of said six-month period.

(2) Limitations on Recovery. No person may recover from the bond proceeds or from the funds in the trust account, as applicable, a sum greater than that which such person paid to the permittee; provided, however, that this limitation shall not restrict a person from alternatively pursuing civil remedies available under state or federal law and recovering sums greater than those paid to the permittee from sources other than the bond proceeds or funds in the trust account, as applicable. (Ord. U-1030 § 18, 1993; Ord. 944 § 1, 1991; Ord. 919 § 7, 1991; Ord. U-919 § 1, 1991; Ord. 898 § 2, 1990)

5.04.520 House and street numbering.

(A) Definition. For purposes of this section the following term shall have the following meaning:

“House and street numbering” means painting, stencilling or otherwise marking upon any curb, street, roadway, highway, or sidewalk any house number or address.

(B) Application Information. In addition to the information required by PMC 5.04.140, an application for a house and street numbering permit shall contain the following information:

(1) The full name, residence address and telephone number of every person proposed to engage in house or street numbering;

(2) The streets and areas where such numbering is to take place and the hours during which it is to take place;

(3) A brief description of the equipment used or to be used for such numbering and the brand of paint used or to be used for such numbering;

(4) Photographic identification, as defined in PMC 1.04.100, of all persons proposed to engage in such numbering; and

(5) The rates to be charged for such numbering.

(C) Exemptions – Fees. A bona fide nonprofit organization customarily holding regular meetings in the City may be exempted from payment of the permit fee.

(D) Permit – Contents. Each permit for house and street numbering shall contain the following information:

(1) The name of the permittee;

(2) The name of the painter, if different from that of the permittee; and

(3) The rates to be charged for such work.

(E) Operating Requirements.

(1) Consent of Owner or Occupant. No person shall engage in house and street numbering without first obtaining the written consent of the owner or occupant of the subject premises.

(2) Hours. No person shall engage in house and street numbering in any area of the City zoned for residential use under this code, from 8:00 p.m. until 9:00 a.m. of the following day.

(3) Numbering. Any numbers or markings shall be painted on the curb immediately fronting the designated premises in black on a white and beaded background. Such numbers or markings shall be eight inches in height and one inch in width.

(4) Identification. Every person engaging in house or street numbering shall have in his or her possession, and exhibit to any occupant or owner of property for which he or she is painting such numbering, the permit required by this section.

(5) Quality Inspection. If the house or street numbering done is of poor quality or appearance, as determined by the Director, the permittee shall, upon notification and within a reasonable time, redo the numbering at no charge. (Ord. 1317 § 5, 2007; Ord. 898 § 2, 1990)

5.04.530 Hypnotist.

(A) Definitions. For purposes of this section, the following words shall have the following meanings:

(1) “Hypnosis” means a state that resembles normal sleep but which is in fact induced by a person with whom the subject remains in rapport and susceptible to suggestion.

(2) “Hypnotist” means one who practices hypnosis.

(B) Exemption. This section shall not apply to licensed psychologists or physicians who practice hypnosis as part of their psychological or medical practice.

(C) Application Information. In addition to the information required by PMC 5.04.140, an application for a hypnotist’s permit shall contain the following information:

(1) The applicant’s record of convictions for any violations of law, except minor traffic violations;

(2) The applicant’s employment history for the prior five years;

(3) The names, addresses and phone numbers of at least three references who have known the applicant for more than three years;

(4) The applicant’s fingerprints;

(5) Proof that the applicant is registered with a hypnotist’s organization approved by the Office of Private Post Secondary Education of the California Department of Education, and that the applicant is a member of at least one statewide or nationwide organization of professional hypnotists.

(D) Operating Requirements.

(1) Insurance. Every permittee shall maintain a policy of liability insurance, pursuant to PMC 5.04.240, with liability coverage in the sum of $100,000.

(2) Qualifications. Every hypnotist permittee shall maintain the registration and membership set forth in subsection (C)(5) of this section in full force and effect throughout the term of the permit. (Ord. 898 § 2, 1990)

5.04.540 Reserved.

5.04.550 Locksmith.

(A) Definition. For purposes of this section, the following term shall have the following meaning:

“Locksmith business” means the business, trade or occupation of making or fashioning keys for locks or similar devices, whether from a fixed location or otherwise; or constructing, reconstructing, or repairing or adjusting locks, or opening or closing locks for others by mechanical means other than the use of regular keys furnished for that purpose by the manufacturer of the locks. The definition of locksmith business does not include a person who only duplicates keys.

(B) General Requirements.

(1) Identifying Number Requirements. Each permit issued for a locksmith business shall contain an identifying number, which number the Sheriff shall assign. Each locksmith shall stamp such identifying number on every key made, repaired, sold or given away by him, except a key merely duplicated from another key.

(2) State License Required. No permit shall be issued for a locksmith business unless the applicant is duly licensed as a locksmith by the state of California. (Ord. 944 § 2, 1991; Ord. 898 § 2, 1990)

5.04.560 Massage establishments and massage technicians.

(A) Definitions. For purposes of this section, the following words and phrases have the following meanings:

(1) “Certificate” 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.

(2) “Corporate massage” 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: (i) administered by a licensed and permitted massage technician; (ii) approved as an accessory use in a permitted location; and (iii) 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.

(3) “Massage” 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.

(4) “Massage establishment” 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.

(5) “Massage technician” 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.

(6) “Qualified massage association” means any association that meets all of the following criteria:

(a) The association is a nonprofit organization; and

(b) 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

(c) 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

(d) The association is open to members of the general public who meet the requirements for membership; and

(e) The association has established rules of ethics and has enforcement procedures for the suspension or revocation of membership for violation of those rules.

(7) “Recognized school of massage” 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.

(8) “Sheriff” 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;

(f) State-certified massage technicians 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.

(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, 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, 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;

(b) Been convicted of a violation of Health and Safety Code Section 11550, or any offense involving the illegal sale, distribution, or possession of a controlled substance specified in Health and Safety Code Section 11054, 11055, 11056, 11057 or 11058;

(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;

(e) Been subjected to a permanent injunction against the conduct or maintenance of a nuisance pursuant to Sections 11225 through 11235 of the California Penal Code, or similar provisions of law of a jurisdiction outside the state of California; and

(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;

(6) The applicant has not satisfied the requirements of this section within the time specified.

If the application is denied for failure to comply with subsection (D)(3) or (4) of this section, the applicant may not reapply for a period of 12 months from the date the application was denied.

(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. On-going 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 to ensure 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: (i) any outstanding stock of the corporation is sold, transferred, or assigned after the issuance of a permit; or

(ii) 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, 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, 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,

(b) A violation of Health and Safety Code Section 11550, or any offense involving the illegal sale, distribution, or possession of a controlled substance specified in Health and Safety Code Section 11054, 11055, 11056, 11057 or 11058,

(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;

(5) The application does not contain all of the information required by subsection (H) of this section;

(6) The applicant has not satisfied the requirements of this section within the time specified.

If the application is denied for failure to comply with subsection (I)(4) or (5) of this section, the applicant may not reapply for a period of 12 months from the date the application was denied.

(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 shall consent to the inspection of the massage establishment and occupied massage rooms by the City’s Division of Building and Safety and Code Enforcement Department, Fire Department, Sheriff’s Department and the Health Department for the purpose of determining that the provisions of this article and other applicable laws or regulations are met.

(7) The massage technician must consent to the inspection of the occupied massage room or areas by the City’s Division of Building and Safety, Code Enforcement Department, Fire Department, Sheriff’s Department, and the Health Department for the purposes of determining that the provisions of this section and other applicable laws or regulations are met.

(8) No massage technician permit may be sold, transferred, or assigned by a permittee, or by operation of law, to any other person or persons.

(9) 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 in accordance with 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; 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) (massage establishments – general provisions) or (F) (massage establishment – facility and operating requirements) 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 Enforcement Officers.

(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) (massage technician – general provisions) 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. 1408 § 4, 2010; Ord. 1382 §§ 1, 2, 2009; Ord. 1090 § 10, 1997; Ord. 915 § 5, 1991; Ord. 898 § 2, 1990)

5.04.570 Motion picture theater.

(A) Definitions. For purposes of this section, the following words shall have the following meanings:

(1) “Motion picture theater” means a building, structure, or establishment at which motion pictures are played or exhibited and for which a fee is charged.

(2) “Adult motion picture theater” shall mean the same as the definition given in PMC 5.04.400(B)(1)(f).

(B) Operating Requirements.

(1) Remodeling or Enlargement of Theater. Any motion picture theater that has been closed for a continuous period of 30 days, and any theater that has been erected or structurally altered or enlarged, shall not be opened to the public without first having an inspection by, and the written permission of, the Division of Building and Safety and the Fire Department.

Upon application by the owner, agent or lessee, the Division of Building and Safety shall cause an inspection to be made of all the public safety devices of the theater building, and if they are found to comply with the requirements hereof, shall cause such written permission to be issued forthwith. In the event the public safety devices, appurtenances, exits, or stairways are not in a secure and safe condition, they shall be put into such condition before any motion picture is exhibited and before the building is opened to the public. The Division of Building and Safety shall have the right to close any theater building when any owner, lessee, manager, or agent refuses to comply with the provisions hereof, and such theater building shall remain closed until all such requirements applicable thereto shall have been complied with.

(2) Smoking in Motion Picture Theaters. Smoking shall not be permitted in the auditorium or balcony of any theater nor in any place where motion pictures are exhibited, except lounges, dressing rooms, or offices.

(3) Fire Extinguishers Required. In addition to the fire extinguishing equipment required in all occupancies, as defined by the building codes of the City, there shall be installed not less than two class A fire extinguishers, as defined in the State Fire Marshal’s Code, on each floor, including the basement. Adjacent to main switchboards, there shall be maintained not less than two class C fire extinguishers as defined in the State Fire Marshal’s Code. In addition thereto, there shall be installed such number of fire axes and fire hooks as the Fire Department may order.

(4) Rewinding Film in Closed Cabinet. All rewinding of film shall be done in an enclosed cabinet of a type approved by the Fire Department. All film, records, and other combustible material used in connection with the projection of pictures shall be kept in metal lockers or cabinets, except when in actual use.

(5) Smoking or Open Flame in Booth Prohibited. No person shall smoke or maintain any open flame or other source of ignition within any motion picture machine booth. A sign bearing the words “No Smoking Permitted” shall be displayed in a conspicuous location within such motion picture machine booth.

(6) Automatically Operated Safety Devices – Testing. The Division of Building and Safety may require that all automatically operated safety devices be tested not less than once every 30 days to determine that they are in proper working condition.

(7) Projection Rooms and Booths.

(a) No unauthorized person shall be allowed inside any motion picture machine booth when it is being used for the projection of motion pictures.

(b) The requirements for projection rooms shall be those requirements which are enumerated in the latest edition of the Uniform Building Code as adopted and amended by the City.

(8) Hazardous Conditions. It is unlawful to admit or allow the admission of the public to a theater after receiving notice or obtaining knowledge of the existence of any hazardous condition within the theater which is injurious to the public health, safety, or welfare. Such hazardous conditions may include, but are not limited to, loose or improperly attached fixtures, unsanitary conditions, damaged or defective seats, defects in or damage to the floor, floor covering or carpeting, obstructions in aisles, and insufficient illumination or inoperative light bulbs. (Ord. 1408 § 4, 2010; Ord. 1108 § 2(e), 1997; Ord. 915 § 6, 1991; Ord. 898 § 2, 1990)

5.04.580 Pawnbrokers and secondhand dealers.

(A) Definitions. For purposes of this section, the following terms shall have the following meanings:

(1) “Builders’ tools” means all tools customarily used in the construction, alteration, or repair of buildings.

(2) “Coin dealer” 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.

(3) “Pawnbroker” means any person engaged in the business of receiving goods, including motor vehicles, in pledge as security for a loan.

(4) “Secondhand dealer” 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.

(5) “Tangible personal property” 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, 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; 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.

(2) Reporting. Every permittee under this section shall comply with Section 21628 et seq. of the Business and Professions Code or Section 21208 et seq. of the Financial Code.

(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.

(5) No transactions that require reporting under Section 21628 of the Business and Professions Code shall be engaged in with any person under 18 years of age. (Ord. 1402 § 8, 2010; Ord. 1317 § 6, 2007; Ord. 944 § 3, 1991; Ord. 898 § 2, 1990)

5.04.590 Peddlers and commercial solicitors.

(A) Definitions. For purposes of this section, the following terms shall have the following meanings:

(1) “Commercial” means and includes the sale of goods, wares and merchandise for profit, whether or not a profit is made, and not for any charitable purpose.

(2) “Peddle” and “peddling” means hawking or selling any merchandise, including liquids or edibles for human consumption, by traveling or going from place to place, house to house, or business to business, and concurrently taking an order and making a delivery of such merchandise, or by transporting such merchandise upon any vehicle, or by any means whatsoever, when it is intended to be offered for sale and delivery to members of the public. “Peddle” and “peddling” shall not mean the sale or delivery of food or merchandise by a person engaged in the business of selling such merchandise at a fixed place of business in the City, or elsewhere, which food or merchandise has been ordered to be so delivered prior to such delivery.

(3) “Solicitation” means a request, directly or indirectly, for money, credit, property, financial assistance or other items of value for the retail sale of goods, wares, or merchandise by taking an order for delivery and promising later delivery of such goods, wares, or merchandise. Individuals engaged in commercial solicitation for future delivery solely as an incident to engaging in a business otherwise permitted under this chapter, and for which the employer has a current, valid permit, shall not be deemed to be engaged in the business of commercial solicitation.

(B) Permit Fee Waivers. Veterans, as defined by Sections 16001 and 16001.5 of the California Business and Professions Code, shall not be required to pay a permit fee to hawk, peddle or sell goods, wares or merchandise owned by them, except alcoholic beverages.

(C) Application Requirements.

(1) Peddlers. In addition to the information required by PMC 5.04.140, an application for a peddler’s permit shall include the following information, as applicable:

(a) The applicant’s fingerprints and two one-inch by one-inch photographs; and

(b) Evidence of a permit from the County Health Department for the sale of food or beverages.

(2) Solicitors. In addition to the information required by PMC 5.04.140, an application for a commercial solicitor’s permit shall include the following information, as applicable:

(a) An outline of the method or methods to be used in conducting the solicitation;

(b) The time when such solicitation will be made, giving the preferred dates and hour of day for the commencement and termination of the solicitation;

(c) If the applicant intends to engage employees to conduct commercial solicitation, the name, address and phone number of each employee, and proof of fingerprinting and photographic identification, as defined in PMC 1.04.100, for each employee;

(d) The names of any other cities in which the applicant has engaged in commercial solicitation within the past two years; provided, however, if the applicant has solicited in more than 10 other cities, the applicant may list the 10 cities in which the most recent solicitations occurred; and

(e) The applicant’s fingerprints and two one-inch by one-inch photographs.

(D) Operating Requirements.

(1) Generally.

(a) No person shall peddle or commercially solicit for the sale of any merchandise in any area of the City zoned for residential use under this code, from 8:00 p.m. until 9:00 a.m. of the following day.

(b) No person shall peddle or solicit for commercial purposes at any dwelling, including but not limited to a house, apartment, or condominium, where there is a sign indicating “No Solicitations,” “Do Not Disturb,” or otherwise indicating that the occupants do not wish to be solicited or in any other way have their privacy disturbed.

(c) No peddler or commercial solicitor shall touch, come into physical contact with, or affix any object to any member of the public, without first receiving express permission therefor from such member of the public.

(d) No peddler or commercial solicitor shall persistently solicit any member of the public after such member of the public expresses his or her desire not to be solicited.

(e) No peddler or commercial solicitor shall intentionally obstruct the free movement of any member of the public on any street, sidewalk or other place open to the public generally.

(f) No peddler or commercial solicitor shall solicit from a captive audience. “Captive audience” shall be defined as purposefully stationary persons, such as persons in line or seated in public areas.

(g) No peddler or commercial solicitor shall threaten any injury or damage to any member of the public who declines to be solicited.

(h) No peddler or commercial solicitor shall accept food stamps in return for goods, wares or merchandise.

(i) No person engaged in the business of peddling, selling or delivering liquids or edibles for human consumption from packs, baskets, handcarts, wagons or other vehicles, whether at retail or wholesale, shall remain, or permit such pack, basket, handcart, wagon or other vehicle to remain, in any one location for the purpose of sale or display of such liquids or edibles for more than 30 minutes during any 24-hour period, nor shall such person return to the same location within any 24-hour period.

(2) Schools. No commercial peddler shall peddle liquids or edibles on weekdays between the hours of 8:00 a.m. and 5:00 p.m., within 1,000 feet of any school grounds in the City.

(3) Commercial Solicitors.

(a) Identification Cards.

(i) All commercial solicitors permitted pursuant to this chapter shall obtain an identification card from the City which shall include the permit number, the name and street address of the permittee, a statement describing the permittee’s purpose and activity, the signature of the permittee’s chief executive officer (if applicable), the signature of the solicitor to whom the card is issued, the specific period of time during which the solicitation is authorized, and a statement printed prominently on the card which shall state: “This identification card is not an endorsement by the city of Palmdale of any solicitation.”

(ii) A copy of the proposed identification card shall be filed by the applicant with the Director at the time the application for a permit is filed, and shall be approved by the Director as conforming to the requirements of this section before the permit is issued.

(iii) All agents and employees of the permitted commercial solicitor shall carry an approved identification card at all times when soliciting. No person shall solicit for commercial purposes unless he or she exhibits an identification card in a form approved by the Director. Before commencing the solicitation, the solicitor shall read it to the person solicited, or present it to the person solicited, allowing sufficient time for examination.

(iv) No person shall solicit without a permit and identification card issued pursuant to this section.

(v) No person shall solicit within the City after the permit issued by the City has expired.

(b) Advertising Solicitations. When any solicitation pursuant to this chapter is made by printed matter or published article, or over radio, television, telegraph or by any other means of communication known or hereinafter devised, such publication shall contain the data and information required to be set forth in the identification card approved by the Director. (Ord. 1317 § 7, 2007; Ord. U-1025 § 1, 1993; Ord. 944 § 4, 1991; Ord. 898 § 2, 1990)

5.04.610 Private patrol service.

(A) Definitions. For purposes of this section, the following terms shall have the following meanings:

(1) “Patrol service” means a business establishment in which the operator agrees to furnish, for consideration, any watchman, guard, patrol officer, or other individual, either uniformed or otherwise, to patrol any portion of the City, to guard against or prevent theft, unlawful taking, loss, misappropriation of property of any kind, or to act as an escort for a funeral procession. Patrol service does not include a service provided to protect a single individual’s property where the person furnishing such service is employed solely by such individual.

(2) “Patrol officer” means a person engaged by a private patrol service to perform the functions described in subsection (A)(1) of this section.

(B) Permit Exemptions. Private patrol officers shall not be required to obtain a permit or to pay a permit fee. However, they must register with the Director and provide the Director with a photostatic or certified copy of their registration with the state pursuant to the State Private Investigator Act. If a private patrol officer does not have proof of current registration, then he or she must register with the City upon a form prescribed by the Sheriff’s Department. No fee shall be charged for such registration.

(C) Application Information. In addition to the requirements set forth in PMC 5.04.140, an application for a private patrol service permit shall include the following information, as applicable:

(1) A map of the district, territory or area proposed to be served by the patrol service;

(2) A description of the proposed methods of operation;

(3) A description of any criminal offenses, other than traffic violations, committed by the applicant;

(4) A photostatic or certified copy of the applicant’s state identification card issued pursuant to the State Private Investigator Act;

(5) A description of the areas of public or private property upon which the applicant intends to park vehicles used in the operation of the business;

(6) A description of the color scheme and insignia to be used on any patrol vehicles along with color photographs depicting the front, rear and both sides of such vehicles;

(7) A description of the color and design of the uniforms to be worn by any patrol officer employed by the applicant, along with color photographs depicting the front and sides of such uniform;

(8) A description of the badge to be worn by any patrol officer employed by the applicant, along with color photographs depicting the color, shape and size of the badge;

(9) A statement regarding the number of vehicles the applicant intends to use for patrol, their make, model, vehicle identification number, and license number; and

(10) A current list of the names, addresses and physical descriptions of all of the applicant’s employees.

(D) Operating Requirements.

(1) Badges.

(a) Each patrol service permittee shall issue a patrol officer’s badge to each of its patrol officers. Every patrol officer shall wear the badge while acting as a patrol officer and shall wear no other badge of any kind, character or description.

(b) The permittee shall not sell, or permit the sale of, any patrol officer’s badge or any badge of a design that is the same as, or so similar to, the patrol officer’s badge that the buyer thereof would be mistaken for a private patrol officer employed by the permittee when, in fact, the buyer is not.

(2) False Identification.

(a) No patrol officer shall wear any uniform which is an imitation of, or can be readily mistaken for, an official Sheriff’s uniform or an official uniform of the police department of any city within the County, or an official uniform of any state officer, nor shall the words “POLICE” or “SHERIFF” appear on any badge, emblem, or uniform worn by such patrol officer.

(b) No patrol officer shall assume or use a rank or title identical, or similar to, any rank or title used by the Sheriff or by any police department within the County.

(c) No patrol service shall use, bestow or permit any patrol officer to assume or use any rank or title identical or similar to any rank or title used by the Sheriff or by a police department within the County.

(3) Motor Vehicle Markings. Motor vehicles used by a private patrol service or private patrol officer shall not bear markings or insignia that resemble the markings or insignia on official Sheriff’s Department or Police Department motor vehicle, nor shall the words “POLICE” or “SHERIFF” appear on such markings or insignia.

(4) Conduct.

(a) An operator, partner, agent or patrol officer shall not, either alone or through the action of another, harass, annoy or commit a nuisance against or injure the property, or unnecessarily enter or otherwise trespass upon the property, of any person whose property the private patrol service or private patrol officer is not employed to protect.

(b) All complaints regarding the activities of a patrol service or of a patrol officer employed by such service shall be investigated by the Sheriff. Reports of such complaints shall be retained in the files of the Sheriff and shall be subject to inspection by the City Manager, the Director, or the City Council at all times.

(5) List of Customers. Each private patrol service shall keep a list of all customers and the private patrol officers assigned to guard or patrol such customers’ premises. Such list shall be open to inspection by the Sheriff’s Department.

(6) Report of Law Violations. No permittee under this section shall perform official police duties. The permittee shall ensure that every violation of law and every unusual occurrence coming to the permittee’s attention or to the attention of its patrol officers in the performance of their duties is immediately reported to the Sheriff’s Department. (Ord. 898 § 2, 1990)

5.04.620 Family entertainment center.

(A) Definitions. For purposes of this section, the following words shall have the following meanings:

(1) “Concession” means each ride, arcade booth, game, eating place, or other public attraction which is part of a family entertainment center, as defined in this section.

(2) “Family entertainment center” means a business enterprise providing one or more amusement rides or activities provided to the general public for which a fee or payment may be charged for entry into the location, or participation on any of its rides, or in any of its activities, which is a permanent use rather than a temporary use as included in Section 27.03 of the Palmdale zoning ordinance. These rides and activities include but are not limited to the following: mini-car racing, bumper boats, bumper cars, carousels, ferris wheels, roller coasters or other similar mechanical apparatus or rides; water slides and similar water rides; ice skating or roller rinks; batting cages, miniature golf, or miniature soccer fields; BMX race tracks or bicycle course facilities; skateboard, roller blading or skating facilities; lazer tag and other interactive or virtual reality games (excluding video games and video arcades); games or tests of strength, skill or other capacity (excluding games of chance).

(B) General Requirements.

(1) Scope of Permit. A permit to operate a family entertainment center entitles the permittee to operate and manage the entire family entertainment center. It may also authorize the permittee to operate family entertainment center concessions; provided, that the concessions are specified in the application for the permit, or in an addendum thereto.

(2) Application Information.

(a) In addition to the information required by PMC 5.04.140, every person applying for a business permit to operate, conduct, or manage a family entertainment center shall file an application with the Director which shall contain the following information:

(i) If a corporation, the applicant shall provide a copy of its articles of incorporation;

(ii) A detailed description of the type of family entertainment center, manner of operation and hours of operation of the family entertainment center, including concessions;

(iii) A list of the names of all agents and employees involved in the operation and management of the family entertainment center or in the conduct of any concession;

(iv) A detailed schedule of the concessions to be operated by the applicant at the family entertainment center, including the various fees to be charged, the names of the persons in charge of each concession, and the rules for the operation of each such concession;

(v) Copies of all contracts, agreements, or other written memoranda between the applicant and any other person with respect to the operation of each concession;

(vi) A detailed description of the mechanical devices or equipment owned by or under the control of the applicant to be used in the operation of the family entertainment center or concession;

(vii) Copies of all policies and binders of liability insurance, including, but not limited to, vehicle, public, product and professional, and workers’ compensation insurance held by the applicant;

(viii) Copies of the applicant’s rules and regulations governing the operation of the family entertainment center or concession;

(ix) A statement that the applicant agrees to operate the family entertainment center or concession in strict accordance with the provisions of this section and all other applicable laws, and assumes full responsibility for the lawful and safe operation of the family entertainment center or concession.

(b) The application for permit shall be filed at least 60 days prior to the commencement of any family entertainment center.

(3) Security Plan Required. The applicant shall submit a detailed security plan which describes the proposed interior and exterior security measures applicable to the proposed business including, but not limited to, security guards, alarms, surveillance cameras and/or metal detectors.

(4) Emergency Plan Required. The applicant shall submit a detailed emergency plan which describes the actions to be taken in the event of a disaster or accident, including emergency medical care and evacuation procedures.

(5) Manager Required. A family entertainment center shall provide one or more managers, pursuant to PMC 5.04.050, to oversee the operation and orderly use of the games in the game arcade. Such manager(s) shall be on the premises of the family entertainment center during all hours that it remains open.

(6) Current Supplementary Information Required. The applicant or permittee shall be required to keep current the information required on the application for a family entertainment center or concession permit by supplementing or modifying the information to maintain its accuracy. Supplementary information shall include, but is not limited to, revised hours of operation of the family entertainment center or concessions; new or otherwise undisclosed agents and employees involved in the operation of the family entertainment center or concessions; and new or otherwise undisclosed concessions to be presented at the family entertainment center.

(7) Prior to Commencing Operation. The applicant shall obtain all City approvals, including approval of an occupancy review form and issuance of a business permit, prior to commencing operation of the family entertainment center.

(C) Operating Requirements.

(1) Responsibilities of Permittee. The family entertainment center permittee shall be responsible for the manner in which all rides, games and other concessions allowed under the family entertainment center permit are conducted. A family entertainment center concession permittee is similarly responsible for the operation of each concession for which it is permitted.

(2) Posting of Regulations. All rules pertaining to the operation of any ride, game, or other concession must be posted conspicuously at the location of the ride, game, or other concession. The fee for participating or otherwise engaging in any ride, game, or other concession must also be conspicuously posted.

(3) Maintenance of Equipment. All equipment, including mechanical equipment and rides, racing and obstacle courses shall be maintained in a good state of repair. No equipment shall be used unless fully operational and/or functional.

(4) Alcoholic Beverages or Drugs. No person may enter, remain in, or engage in any ride, game or other concession while in possession of, consuming, using or under the influence of any alcoholic beverage or controlled substance. With respect to alcoholic beverages, consumption of alcoholic beverages may only be permitted within designated locations, as approved by the City, subject to all applicable permits for alcohol uses.

(5) Concessions – Operation Requirements.

(a) All players or participants in any game or other concession must be given an equal opportunity to play or participate. Prior to allowing any person to play or participate in any game or other concession, the concession operator shall collect the posted fee and return the proper change to the player or participant, if applicable. The concession operator shall not collect for more than a single game from any player or participant at any one time.

(b) No concessions other than those submitted to and approved by the Director shall be played, conducted, permitted, or allowed at the family entertainment center location.

(c) Any packaged merchandise distributed as a prize shall be plainly marked and its contents described conspicuously. Only items of merchandise that can actually be won by any player may be displayed in conjunction with any game or other concession. No other merchandise or prize shall be displayed.

(6) Game of Chance Prohibited. Games of skill may be permitted under a family entertainment center or concession permit. Games of chance are prohibited.

(D) Operating Hours. A family entertainment center or concession may only operate between the hours of 7:00 a.m. and 10:00 p.m. on Sunday through Thursday, and no later than 12:00 midnight on Friday and Saturday, unless otherwise approved by the City.

(E) Insurance Requirements. Every applicant for a family entertainment center permit shall obtain and maintain in full force and effect public liability insurance in conformance with PMC 5.04.240. The liability coverage shall not be less than the amount of $1,000,000. (Ord. 1117 § 5, 1997; Ord. U-1117 § 5, 1997; Ord. 898 § 2, 1990)

5.04.650 Solicitation for charitable purposes.

(A) Defined Terms. The following terms and phrases are defined in subsection (G) of this section: “charitable organization,” “charitable purpose,” “contribution,” “sales solicitation for charitable purposes,” “solicit,” and “solicitation for charitable purposes.”

(B) Applicability of Exceptions.

(1) Any person who solicits any contribution, admission fee, or payment of any kind, even if exchanged for items or services of value, in any manner that would lead a reasonable person to believe that any portion of the contribution, admission fee, or payment solicited will be used for the benefit of or on behalf of any law enforcement, fire, paramedic or other governmental agency, or for or on behalf of employees of those agencies or their dependents, must comply with the provisions of this section as if those solicitations were for contributions for charitable purposes, or in the name of, or on behalf of, a charitable organization.

(2) Any person who for compensation received, or to be received, solicits, or is engaged in the business of, or represents to the public it is engaged in the business of soliciting contributions, admission fees, or payments in a manner described in subsection (B)(1) of this section on behalf of any other person or organization must comply with the provisions of this section as if that person was a commercial fundraiser for charitable purposes.

(3) The provisions of this section do not apply:

(a) To activities which the City is preempted from regulating by state law;

(b) To any solicitation made upon premises owned or regularly occupied by the organization upon whose behalf the solicitation is made;

(c) To any organization soliciting contributions solely from persons who are members of that organization at the time of the solicitation;

(d) To any organization soliciting contributions solely from members, guests, or invitees attending a charitable fundraising event sponsored by or on behalf of that organization;

(e) To any solicitation for the assistance or relief of any individual specified by name at the time of the solicitation where the solicitor represents in each instance that the entire amount collected, without any deduction or offset, will be delivered to the named beneficiary;

(f) To funds raised as authorized by Section 326.5 of the California Penal Code relating to bingo games;

(g) To the activities of any organization, or any person engaged by or under its authority, in soliciting donations of salvageable personal property solely from members of that organization, or in selling salvageable personal property obtained from the organization’s members by that soliciting, or the soliciting and sale of salvageable personal property by an organization for occasional rummage sales or bazaars where that activity does not constitute a major part of the organization’s activities and is not conducted as a permanent or continuous operation. This exemption also applies to an association which is exempt under Section 23701d or 23701f of the Revenue and Taxation Code if the membership of the association is comprised of persons with physical, mental or developmental disabilities and the primary purpose of the association is to provide services to persons with those disabilities.

(C) Application for Permit – Filing of Notice of Intention.

(1) No person may solicit in the City, and no person may authorize another person to solicit, any contribution for any charitable purpose, or in the name of, or on behalf of, any charitable organization, unless at least 15 days prior to the commencement of that solicitation a written notice of intention to solicit charitable contributions is filed with the Director on a form provided by the Director. The Director may, for good cause shown, allow the filing of a notice of intention less than 15 days prior to the commencement of the solicitation. The notice of intention may identify multiple solicitations of charitable contributions that are proposed to be made during any period of time not exceeding 12 months. The notice of intention must be accompanied by any filing fee in the amount established by resolution of the City Council.

(2) The notice of intention must contain the following information:

(a) The full legal name, principal business address, local business address (if any) and telephone number of the charitable organization by or on behalf of which the solicitation will be conducted. The notice of intention must be signed under penalty of perjury by an officer, employee or authorized agent of the named charitable organization. If the authorized agent is a commercial fundraiser for charitable purposes, as defined in subsection (G) of this section, the following supplemental information must be submitted:

(i) The original or a certified copy of the resolution, agreement, letter of consent, or similar documentation which authorizes the agency relationship between the named charitable organization and the commercial fundraiser for charitable purposes,

(ii) A statement as to whether the authorized agent is currently registered with the California Attorney General’s Registry of Charitable Trusts and is in compliance with the financial reporting requirements of Government Code Section 12599 and has posted the cash deposit or surety bond in the sum of $25,000 as required by Government Code Section 12599.5,

(iii) A statement as to whether the authorized agent has obtained a City business license under Chapter 3.44 PMC;

(b) A proposed form of information card or, in the alternative, a copy of other printed material, such as a solicitation brochure, which the applicant will exhibit or distribute to prospective donors or purchasers during the course of the solicitation. Information on that card or other printed material must be presented in at least 10-point type and must include the following, as applicable:

(i) The name and principal business address of the organization, on behalf of which all or any part of the contributions collected will be used for charitable purposes. If there is no organization, the manner in which the contributions collected will be used for charitable purposes,

(ii) The non-tax-exempt status of the organization or fund, if the organization or fund for which the contributions are being solicited does not have a charitable tax exemption under both federal and state law,

(iii) The estimated percentage of the total contribution which may be deducted as a charitable contribution under both federal and state law. If no portion is deductible, a statement must appear that: “This contribution is not tax deductible.”,

(iv) The estimated amount, stated as a percentage of the total contribution, that will be used for charitable purposes,

(v) If a commercial fundraiser for charitable purposes is to be engaged, and is to be paid a set fee rather than a percentage of the total amount raised, a statement of the estimated total cost to be incurred for direct fundraising expenses,

(vi) If the solicitation is not a sales solicitation, the applicant may include a statement, in lieu of estimating the total amount of fundraising expenses to be incurred, that an audited statement of these fundraising expenses may be obtained by contacting the organization or fund at the address disclosed;

(c) Documents from the Internal Revenue Service and the California Franchise Tax Board which establish the tax-exempt status of the named charitable organization;

(d) The names, addresses and telephone numbers of the principal officers and members of the board of trustees or board of directors of the named charitable organization;

(e) The purpose for which the solicitation is to be made, the total amount of contributions proposed to be raised, and the use or disposition to be made of the contributions received from the solicitation;

(f) A description of the method or methods to be used in conducting the solicitation;

(g) The name, residence address and telephone number of the person or persons who will be in direct charge of and responsible for conducting the solicitation;

(h) The name, residence address and telephone number of each solicitor who, for monetary compensation, will participate in the solicitation and to whom an identification card will be issued by the Director in accordance with subsection (D)(8) of this section. If these solicitors are employed by or under the control of a commercial fundraiser for charitable purposes registered with the California Attorney General, evidence must be submitted that the named solicitors and the commercial fundraiser for commercial purposes possess a City business license under Chapter 3.44 PMC. If the solicitation will be conducted solely by regular employees of the named charitable organization, or by members or volunteers of that charitable organization who will not be paid any monetary compensation, then the Director may waive the disclosure requirement of this subsection and may authorize the named charitable organization to issue its own identification cards to its solicitors in the format specified in subsection (D)(8) of this section;

(i) A description of the nature and extent of charitable work being performed in the City by the named charitable organization.

(3) If, during the period for review of the notice of intention, or during the terns of any permit issued for the solicitation, there is any significant change in fact, policy or method that would alter the information set forth in the notice of intention, the applicant must notify the Director in writing within 48 hours after that change.

(4) All information set forth in the notice of intention, and any additional information provided by the applicant relating to that notice, will be a matter of public record and will be open to public inspection.

(D) Issuance of Permit and Identification Cards – General Provisions.

(1) Review of Notice of Intention. The Director must review the notice of intention filed under subsection (C) of this section. The applicant must make available for inspection, upon the Director’s request, all of the applicant’s financial books and records at any reasonable time before the permit is issued, during the time the permit is in effect, or after the permit has expired. The Director may inspect those financial books and records solely for the purpose of verifying the truth and accuracy of the information contained in the notice of intention, or the truth and accuracy of any representation made by the permittee with regard to any solicitation conducted under this section.

(2) Issuance of Permit. The Director must issue a permit to the applicant no later than 15 days after the filing of a notice of intention unless any of the following deficiencies exist which have not been corrected following written notification by the Director to the applicant of that deficiency:

(a) The notice of intention is incomplete or otherwise fails to disclose the information required by subsection (C)(2) of this section;

(b) A statement made in the notice of intention is factually incorrect.

(3) Authority of the Director. Nothing in this section is to be construed as conferring upon the Director, or upon any other person, the authority to grant, deny, revoke, renew or suspend any permit by reason of either approval or disapproval of the philosophy, opinions, or beliefs of the applicant, their permittee, or the person represented by the applicant or permittee, or for any other reasons not specifically set forth in this section.

(4) Form of Permit. Permits issued under this section must bear the name, address and telephone number of the person to whom the permit is issued, the name and address of the charitable organization by or on behalf of which the solicitation is to be conducted, the number of the permit, the date issued, the dates within which the permittee may solicit, and a statement that the permit does not constitute an endorsement of the solicitation by the City, or by any of its departments, officers or employees. The Director must sign all permits.

(5) Term of Permit. Unless renewed, revoked or suspended in accordance with the provisions of this section a permit is valid for a period of 30 days, and if the permit authorizes multiple solicitations, it may be valid for a period of up to 12 months.

(6) Permit Nontransferable. No permit issued under this section is transferable or assignable.

(7) Renewal of Permit. Upon the expiration of any permit, and if requested in writing so to do, the Director will renew the permit within 10 days of that request if the factual information upon which the original permit was granted remains unchanged, and no violation of this section has occurred. The Director may require that a new notice of intention be filed in accordance with the provisions of this section.

(8) Identification Cards.

(a) Form of Identification Card. Upon issuance of the permit, the Director will issue an identification card to each solicitor named in the application who, for compensation, will participate in the solicitation. The identification card must bear the permit number, the expiration date of the permit or the name and address of the permittee, the name and address of the charitable organization which is represented (if different from the named permittee), and the photograph, name of the solicitor, and state that the solicitation is not in any manner an endorsement by the City, or by any department, officer or employee of the City. If the solicitation will be conducted solely by regular employees of the named charitable organization, or by members or volunteers of that charitable organization who will not be paid any monetary compensation, then the Director may authorize the permittee to issue its own identification cards to its solicitors. Unless otherwise authorized by the Director, these identification cards must bear the permit number, the expiration date of the permit, the name of the solicitor and the name and address of the permittee.

(b) Display of Identification Cards. No person may solicit any contributions unless the identification card is affixed to the solicitor’s clothing in a conspicuous manner so that any person being solicited may observe the identification card and its contents. The identification card must either be read to or presented for inspection by the person solicited before any contribution is requested, offered or accepted.

(c) Disposal of Identification Cards. Upon expiration of the permit, or upon the earlier termination of the authorized solicitation, the permittee must collect and destroy all identification cards previously issued by the City to the permittee’s solicitors. At all times, these identification cards remain the property of the City. Identification cards issued by an authorized permittee to its employees, members or volunteers must be collected from the solicitors and disposed of.

(E) Operating Requirements.

(1) Time of Solicitation. It is unlawful for a solicitor, agent or representative of any permittee to go upon any residential premises after 8:00 p.m., or earlier than 9:00 a.m., for the purpose of solicitation, unless the permittee has been explicitly requested or invited to do so by the owner or occupant of the residential premises. Nothing herein may be construed to grant any person permission to enter upon any private property at any time without the express consent of the owner or occupant of that property.

(2) Written Receipts Required. Any permittee, or any solicitor, agent or representative of a permittee, receiving money or any other contribution having a value of $5.00 or more from any donor or purchaser following a solicitation authorized by a permit must deliver to the donor or purchaser, upon request, a written receipt signed by the solicitor, showing plainly the name and permit number of the permittee conducting the solicitation, the date, and the amount received; but this requirement does not apply to contributions from anonymous donors collected by means of a closed receptacle or collection box used in a solicitation authorized by a permit issued by the Director if (i) there is attached to the receptacle or box a copy of the information card or other written material approved by the Director; and (ii) the receptacle or box bears a number or other identification mark; and (iii) a written list showing the location and name of the solicitor in charge of each receptacle or box has previously been filed with the Director in connection with an authorized solicitation.

(3) Manner of Solicitation. It is unlawful for a permittee, or for a solicitor, agent or representative of a permittee, to engage in any of the following activities:

(a) To solicit members of the public by direct personal contact without an identification card duly issued by the Director to a solicitor named in the permittee’s notice of intention, or by a charitable organization authorized by the Director to issue identification cards to its solicitors;

(b) To solicit members of the public by direct personal contact without exhibiting or distributing the information card, or other printed material, such as a solicitation brochure, in the form set forth in the notice of intention and authorized by the permit issued by the Director;

(c) To solicit a contribution for or on behalf of any charitable organization which does not maintain financial records on the basis of generally accepted accounting principles;

(d) To allow any child under the age of 10 years to solicit a charitable contribution unless accompanied by a person who is 18 years of age, or older, and who keeps that child at all times within that person’s sight and hearing;

(e) To solicit a contribution by telephone unless the solicitor delivers to any person who so requests, a copy of the information card or other printed material, approved by the permit issued by the Director;

(f) To solicit upon or within any private property, dwelling, house, apartment, condominium, place of abode, or place of business, where there is a posted sign stating, in effect, that its owners or occupants do not desire to be solicited or to have their privacy disturbed, such as “No Solicitors or Canvassers,” “No Solicitations,” or “Do Not Disturb”;

(g) To touch, come into physical contact with, or affix any object to the person of any prospective contributor, or other member of the public, in furtherance of any solicitation authorized by this section, without first obtaining explicit permission to do so from that prospective contributor or member of the public;

(h) To continue the solicitation of any prospective contributor or other member of the public after that person, by verbal or nonverbal means, expresses a desire not to make a contribution;

(i) To obstruct or impede the free movement of any person on any street, sidewalk or public right-of-way, or in any place generally open to the public, including parking lots;

(j) To solicit from a “captive audience,” which term includes intentionally stationary persons, such as persons standing in lines or seated in public areas;

(k) To intimidate, coerce, force or extort a contribution from any person, or to threaten any injury or damage to a person who declines to be solicited or declines to make a contribution;

(l) To solicit a contribution from any person by means of a misrepresentation of any kind concerning the solicitor’s name, occupation, physical or mental condition, financial condition, residence, or principal place of business;

(m) To make or cause to be made any misstatement of fact or fraudulent misrepresentation in connection with the solicitation of any contribution in the City, or in connection with any application or report required to be filed under this section;

(n) To solicit a contribution using a name, symbol, trademark, logo, service mark, or other identification so closely related to, or similar to that used by, another charitable organization that its use would tend to confuse or mislead a prospective contributor or any other member of the general public;

(o) To solicit a contribution using statements, materials, or other means of inducement which indicate that contributions are being raised for any charitable organization which has not, in fact, provided to the Director evidence of its express written consent to the solicitation of those contributions;

(p) To stand upon or within any public street, highway or median, for the purpose of soliciting or attempting to solicit a contribution from the driver or passengers of any vehicle;

(q) To solicit, or attempt to solicit, any contribution in any manner prohibited by the provisions of Chapter 10.04 PMC, or any other applicable ordinances or statutes;

(r) To place or to leave at any residence or place of business any solicitation brochures, fliers, or other printed matter, or any bags, containers, or other receptacles for new or used goods or merchandise, without adequately securing that printed matter or those receptacles in such a manner as to prevent them from creating litter or visual blight in the immediate vicinity.

(4) Disclosure by Commercial Fundraisers for Charitable Purposes. A permittee, or any solicitor, agent or representative of a permittee who, for compensation, solicits contributions in the City for charitable purposes must disclose prior to an oral solicitation or sales solicitation made by direct personal contact, radio, television or telephone, or at the same time as a written solicitation or sales solicitation:

(a) That the solicitation or sales solicitation is being conducted by a commercial fundraiser for charitable purposes; and

(b) The name of the commercial fundraiser for charitable purposes as registered with the California Attorney General pursuant to Section 12599 of the Government Code.

(5) Report May Be Required from Permittee. The permittee may be requested to file with the Director a financial report setting forth the amount raised by the solicitation, the amount expended in conducting the solicitation, including a report of the wages, fees, commissions, and expenses paid to any person in connection with the solicitation, and the actual or proposed disposition of the balance of any funds collected during the solicitation. The permittee may also be required by the Director to make available for inspection all financial books, records, receipts and other documents whereby the accuracy of the required financial report may be verified. The filing requirement must be imposed by the Director, if at all, within 60 days after the earlier of the expiration of the permit or the termination of the authorized solicitation. The required financial report must be filed within 60 days after the Director’s request.

(F) Summary Suspension of the Permit. Whenever it is shown that any person to whom a permit has been issued is in violation of any provision of this section, or that any solicitor, agent or representative of a permittee has misrepresented the purpose of the solicitation, the Director is authorized to immediately suspend the permit. The Director must either send by registered mail or personally deliver to the permittee written notice of the suspension, stating with specificity the reasons for suspension. The Director must forthwith notify the Sheriff’s Department, and also report the suspension to the City Council at the next regular meeting of that body following the action. The permittee may appeal the suspension in the manner specified by PMC 5.04.340.

(G) Definitions. For the purposes of this section, the following terms have the following meanings:

“Charitable organization” means and includes any individual who, or any nonprofit community organization, patriotic, philanthropic, benevolent, educational, religious, fraternal, civic, cultural or service organization, or governmental employee organization which, solicits or obtains contributions solicited from the public for charitable purposes or holds any assets for charitable purposes.

“Charitable purpose” means and includes an activity, function or objective which would qualify an organization, association, corporation, or other legal entity for tax-exempt status under Article 1, Chapter 4, Part 11, Division 2 of the California Revenue and Taxation Code (Section 23701 et seq.), regardless of whether that tax-exempt status has actually been established.

“Commercial fundraiser for charitable purposes” means any individual who, or any corporation or other legal entity which, for compensation does either of the following: solicits funds, assets, or property in the City for charitable purposes; or as a result of a solicitation of funds, assets, or property in the City for charitable purposes, receives or controls the funds, assets, or property solicited for charitable purposes. This term does not include: (i) a “trustee” as defined in Section 12582 or 12583 of the Government Code; (ii) a “charitable corporation” as defined in Section 12582.1 of the Government Code, or any employee thereof; (iii) an individual who is employed by or under the control of a commercial fundraiser for charitable purposes registered with the California Attorney General; or (iv) any federally insured financial institution which holds as a depository funds received as a result of a solicitation for charitable purposes.

“Contribution” means and includes a pledge, gift or donation of food, clothing, money or property, as well as any donation under the guise of a loan of property or money.

“Sales solicitation for charitable purposes” means the sale of, offer to sell, or attempt to sell any advertisement, advertising space, book, card, chance, coupon device, magazine subscription, membership, merchandise, ticket of admission, or any other thing or service in connection with which: (i) any appeal is made for charitable purposes; or (ii) the name of any charitable organization is used or referred to in that appeal as an inducement for making the sale; or (iii) any statement is made to the effect that all or any part of the proceeds of the sale will go to any organization or be used for any charitable purposes.

“Solicit,” or any of its derivatives, means to request, directly or indirectly, a contribution of money, credit, property, financial assistance, or other things of value upon the plea or representation, express or implied, that such money, credit, property, financial assistance, or other things of value will be used by a charitable organization or for a charitable purpose. The term “solicit” also means any of the following methods of obtaining money, credit, property, financial assistance, or other things of value upon the plea or representation, express or implied, that such will be used by a charitable organization or for a charitable purpose: (i) any verbal or written request; (ii) an announcement to the media for further dissemination by it concerning an appeal, assemblage, athletic or sports event, bazaar, benefit, campaign, contest, dance, drive, entertainment, exhibition, exposition, party, performance, picnic, sale, or social gathering, which the public is requested to patronize, or to which the public is requested to make a contribution for any charitable purpose connected with that event; (iii) the distribution, circulation, mailing, posting or publication of any handbill or other written advertisement which, directly or by implication, seeks contributions from the public for one or more charitable purposes, unless that handbill or other written advertisement has been placed within a business open to the public generally and with the express permission of the owner or operator of that business; or (iv) the placement in any public or private place of any box or receptacle for the purpose of receiving contributions. A solicitation, as herein defined, is deemed completed when made, whether or not the person making it receives any contribution or makes any sale referred to in this section.

“Solicitation for charitable purposes” means any request, plea, entreaty, demand, or invitation to give money or property, in connection with which: (i) any appeal is made for charitable purposes; or (ii) the name of any charitable organization is used or referred to in that appeal as an inducement for making the gift; or (iii) any statement is made to the effect that the gift, or any part of it, will go to any charitable organization or be used for any charitable purpose. (Ord. 1069 § 2, 1995)

5.04.660 Taxicab business.

(A) Definitions. For the purposes of this section, the following terms shall have the following meanings:

(1) “Owner” or “taxicab owner” means any person owning or controlling a taxicab.

(2) “Person” means any natural person, firm, corporation, partnership, joint venture, or association of persons.

(3) “Stand” or “taxicab stand” means a public place alongside the curb of a street or elsewhere in the City, which has been designated by the Traffic and Transportation Engineer to be reserved exclusively for the use of taxicabs.

(4) “Taxicab” means every motor vehicle engaged in the business of carrying passengers for hire in the City under the direction of the person hiring the same, having scheduled rates for distance traveled, or for waiting time, or for both, and not operated on a fixed route.

(5) “Taximeter” means a mechanical instrument or device attached to a taxicab which mechanically measures, calculates and registers, by means of figures, the fare, the distance traveled, and the waiting time upon which the fare is based.

(B) Application. In addition to the information required by PMC 5.04.140, applications for a taxicab business permit shall contain the following information, as applicable:

(1) The name, residence address and telephone number of the applicant;

(2) The fictitious business name, if any, under which the applicant does business or proposes to do business;

(3) The name and address of all directors, officers, shareholders, partners, employees or other individuals who are financially interested in the proposed operation of the taxicab business or who are involved or proposed to be involved, directly or indirectly, with the management of the business;

(4) The number of vehicles for which a permit is desired. Describe each vehicle, giving the license number, vehicle identification number, model, make, year of manufacture and passenger seating capacity;

(5) The color scheme, name, monogram or other distinguishing insignia proposed to be used on each vehicle;

(6) The make and type of taximeter intended to be installed in each taxicab;

(7) The street number and exact location of each taxicab stand which the applicant proposes to use;

(8) The proposed schedule of rates or fares to be charged;

(9) The applicant’s estimate of the need for service, supported by factual data demonstrating that the public convenience and necessity require the granting of a permit;

(10) A current financial statement of the applicant;

(11) The experience of the applicant in the transportation of passengers; and

(12) Such additional information as the Director deems necessary.

(C) Investigation by Sheriff’s Department. The following procedure shall be followed prior to the approval of a taxicab permit:

(1) Referral to Sheriff’s Department. Following receipt by the Director of a completed application for a taxicab permit, the Director shall refer the application to the Sheriff’s Department. The Sheriff’s Department shall conduct an investigation of the applicant and submit a report to the Director concerning the following:

(a) The character, reputation and integrity of the applicant and those individuals named in the application who are or will be affiliated with the applicant.

(b) Whether the vehicles proposed to be operated are adequate for the purpose intended, are equipped with all safety devices required by law, and will have an approved make of taximeter.

(2) Findings. The Director shall not issue a taxicab permit unless the Director finds:

(a) That the vehicles described in the application and proposed to be used as taxicabs are adequate and safe for such purpose;

(b) That the color scheme, monogram, name or insignia proposed to be used upon such taxicabs is not in conflict with and does not imitate any color scheme, name, monogram or insignia used by any other person in such manner as to mislead or tend to deceive or defraud the public; and that no other color scheme, monogram, name or insignia has heretofore been designated for the applicant;

(c) That the location of the proposed taxicab stand or stands for such business is such that it or they will not congest or interfere with travel on any street or the use thereof by the public, and that the proposed stands are not within 300 feet of any other stand on the same street;

(d) That the applicant is financially capable, willing and able to provide such public transportation and to conform to the provisions of this section. In making such findings, the Director shall take into consideration the number of taxicabs already in operation, whether existing transportation is adequate to meet the public need, the probable effect of increased service on local traffic conditions, and the character, experience and responsibility of the applicant.

(3) Grounds for Denial of Permit. In addition to the grounds for denial set forth in PMC 5.04.200, the Director may deny a permit if any of the findings required by subsection (C)(2) of this section cannot be made.

(D) General Procedures.

(1) Modification of Permit. The City Council may modify a permit pursuant to the procedures set forth in PMC 5.04.270, 5.04.280 et seq.

(2) Transfer of Permits Prohibited. No taxicab permit may be sold, assigned, mortgaged or otherwise transferred without the prior consent of the Director.

(3) Duration of Permits. The initial taxicab permit issued hereunder to any applicant shall be valid for a period of one year. Thirty days prior to the expiration of the one-year period, the permittee may submit an application for a new permit, accompanied by all applicable fees, which application shall likewise be subject to the requirements of this section.

(4) Discontinuance of Service Automatically Cancels Permit. If the service for which a permit is granted hereunder is discontinued for a period of 45 days, the permit granted hereunder shall automatically be null and void and shall be reissued only in accordance with the provisions of this section.

(E) Taxicab Driver’s Permit Required.

(1) Application Information. Notwithstanding PMC 5.04.140, the application for a taxicab driver’s permit shall contain the following information, as applicable:

(a) The applicant’s full name, address, telephone number and age;

(b) The applicant’s last two previous addresses;

(c) The applicant’s business, occupation or employment for the three years immediately preceding the application, including a statement of any similar permit held in another city or state;

(d) The applicant’s height, weight and color of eyes and hair;

(e) Two recent photographs (size one and one-half inch by one and one-half inch);

(f) The applicant’s fingerprints;

(g) A statement as to whether the applicant has ever been convicted of any crime, misdemeanor, or violation of any municipal, state or federal law, the nature of the offenses, and the punishment or penalty assessed therefor;

(h) The number and expiration date of the applicant’s California driver’s license;

(i) The endorsement of the owner of the taxicab business for which the applicant will be operating a taxicab;

(j) Such other identification and information as the Director may require.

(2) Investigation. Notwithstanding the provisions of PMC 5.04.180, following receipt by the Director of the completed application for a taxicab driver’s permit, the application shall be referred to the Sheriff’s Department. The Sheriff’s Department shall conduct an investigation of the applicant and submit a report to the Director concerning the character, reputation and integrity of the applicant.

Notwithstanding the preceding paragraph, the Director may issue a taxicab driver’s permit to an applicant upon being provided with an authenticated copy of a current license or permit issued by another governmental entity located in Los Angeles County; provided, that the Director determines that a satisfactory investigation of the applicant’s qualifications has been made.

(3) Grounds for Denial of Taxicab Driver’s Permit. In addition to the grounds of denial set forth in PMC 5.04.200, the Director may deny a taxicab driver’s permit if:

(a) The applicant is not of good moral character, or is under the age of 18 years, or is not competent to operate a taxicab safely on the City streets, or is otherwise not a fit or proper person to be in charge of, or to operate, any such motor vehicle;

(b) The applicant does not possess a valid Class 3 driver’s license issued by the California Department of Motor Vehicles;

(c) The applicant has been convicted in a court of competent jurisdiction of reckless driving or driving under the influence of alcohol or narcotics;

(d) The applicant has, within the preceding 12 months, been convicted of, or pleaded guilty to, more than one moving violation under the California Vehicle Code; or

(e) The applicant has been convicted of a felony or a crime involving moral turpitude.

(4) Change of Employment. If a taxicab driver changes employment to a different taxicab company in the City, the driver shall, within 24 hours thereafter, notify the Director for the purpose of having the taxicab driver’s permit changed so as to properly designate the name of the new employer.

(F) Taxicab Equipment and Operating Requirements.

(1) Public Liability Insurance. Each permittee shall file with the Director a policy of liability insurance pursuant to PMC 5.04.240. The policy of insurance shall be in the following amounts:

(a) One hundred thousand dollars for death or injury to any one person in any one accident or occurrence;

(b) Three hundred thousand dollars for death or injury to two or more persons in any one accident or occurrence;

(c) Fifty thousand dollars for damage to property of others.

(2) Taximeters Required. The taxicab owner shall equip all taxicabs operating in the City with taximeters approved as to type and design by the Sheriff’s Department. It shall be the duty of every taxicab owner to keep such taximeter accurate at all times so that it indicates the correct charge for the distance traveled and waiting time. All taximeters shall be subject to inspection from time to time by the Sheriff’s Department. The Sheriff’s Department is authorized to inspect any taximeter and, upon discovery of any inaccuracy therein, to notify the person owning or operating the taxicab in which the defective taximeter exists to cease operation of that taxicab. Thereupon, such taxicab shall not be used until the taximeter is repaired and restored to proper working condition.

(3) Display of Taximeter Flag. Each taximeter shall have thereon a flag to denote when the vehicle is employed and when it is not employed. It shall be the duty of the driver to throw the flag of the taximeter into a recording position at the start of each trip and into a nonrecording position at the termination of each trip; provided, however, that it shall be unlawful for the driver to clear or remove from the dial of the taximeter the amount of the charges prior to payment of the amount indicated.

(4) Rates, Fares and Charges for Taxicab Service.

(a) The rates, fares and charges for taxicab service originating in the City shall in no event exceed the highest rates, fares and charges for taxicab service approved by the city of Los Angeles.

(b) The rates, fares and charges for the transportation of passengers in taxicabs operated in the City shall be as indicated on the taximeter, and it shall be unlawful for the driver of any taxicab to charge, demand or collect an amount in excess of that computed and shown by the taximeter. The taximeter shall be adjusted to accurately compute the current rates, fares and charges, but not in excess of the limits authorized in this section. The taximeters shall be placed so that the reading dial showing the amount to be charged shall be well-lit and readily discernible by the taxicab passenger.

(c) The City Council shall have the power, following a hearing upon its own motion or upon a complaint, to investigate a single rate or fare or the entire schedule of rates and fares in effect, which are charged, demanded or collected for taxicab service and to authorize new rates or fares or new schedules thereof.

(5) Direct Route of Travel. No driver of a taxicab hired to carry passengers to a definite point shall take any route other than the most direct route possible, consistent with passenger safety and expeditious transportation to such destination.

(6) Receipts. Every driver of a taxicab shall, upon request of a passenger, issue a receipt evidencing payment of the correct fare.

(7) Interior Displays in Taxicabs. Every taxicab shall display in the passenger’s compartment, permanently affixed to the rear of the driver’s seat and in full view of the passengers, the following items:

(a) A card not less than four inches by six inches in size which shall have printed thereon the taxicab owner’s name or fictitious business name, the business address and telephone number of the taxicab owner, the rates to be charged for conveyance in the taxicab (including rates for minimum flag drop, mileage and waiting time), and a statement that such rates are applicable to all trips originating in the City; and

(b) A cardholder for the placement of a taxicab driver’s permit. Such cardholder shall contain a notice which, upon the removal of the taxicab driver’s permit, shall be visible to passengers and which states that the taxicab driver’s permit is required to be displayed at all times while the taxicab is in operation.

(8) Manifests.

(a) Each taxicab driver shall maintain a separate manifest for every service rendered, which manifest shall include the following information:

(i) Location where passengers entered the taxicab;

(ii) Time of entry;

(iii) Location where passengers were discharged;

(iv) Number of passengers; and

(v) Amount of fare collected.

(b) The taxicab owner shall retain all manifests at its principal office for a period of 90 days after the date of service rendered, and the same shall be made available for inspection during normal business hours by any authorized representative of the City.

(9) Two-Way Radios. All taxicabs shall be equipped with radios capable of two-way voice communication with the owner’s base station radio, on an assigned radio frequency, from all locations within the City limits. Every taxicab driver shall at all times monitor such radio on the owner’s assigned radio frequency, and the radio shall be in operation at all times the vehicle is in service or available for service.

(10) Safety and Cleanliness of Taxicabs. Each taxicab operated in the City shall be maintained in a safe, clean and sanitary manner. No person shall operate a taxicab which is unsafe, unsuitable for service, or which contains defective equipment. The following conditions shall, without limitation, be deemed to make a vehicle unsuitable or unsafe for taxicab service:

(a) Excessive leakage of oil, grease, gas or any other substance from any part of the vehicle;

(b) The existence of any defects in the frame of the vehicle;

(c) The failure of any movable parts of the vehicle, including doors, windows, hood, trunk, lights, etc., to function properly;

(d) Failure to maintain the tires, lights, turning signals, or brakes in safe operating condition;

(e) Failure to maintain the motor and other mechanical parts of the vehicle in safe operating condition;

(f) Failure to have an adequate exhaust system, in compliance with state law, properly installed and in good working condition;

(g) The existence of excessive dents or scratches in the body of the vehicle;

(h) Improper maintenance of the exterior paint in the authorized color scheme;

(i) The existence of excessive wear and tear on the upholstery, floor mats and other parts of the interior of the vehicle; and

(j) Failure to have adequate interior lighting in proper working condition.

(11) Taxicab Stands.

(a) Designation of Taxicab Stands.

(i) Upon granting a permit to engage in the taxicab business, the Director shall designate the exact location of each stand which the permittee may use. Such stands, and any additional or alternate stands subsequently authorized hereunder, shall be prepared, marked and maintained by the Public Works Department, and the costs thereof shall be collected from the permittee.

(ii) Any permittee hereunder may apply for a change in the location of any taxicab stand or for the use of additional taxicab stands. Such application shall be filed with the Director and referred to the Traffic and Transportation Engineer. The application shall set forth the proposed new location, shall be accompanied by an application fee in such amount as may be fixed by resolution of the City Council for each stand to be established or relocated, and shall have attached thereto the written consent of all persons owning, leasing or occupying the ground floor or surface of any premises or property in front of which the proposed stand is to be located. Such application shall include a request and agreement on the part of the applicant that the City prepare, mark and maintain such location for use as a taxicab stand at the applicant’s expense, such costs to be paid by the applicant immediately upon being billed therefor by the City. Such application shall be reviewed by the Director pursuant to this section.

(G) Suspension and Revocation Procedures.

(1) Temporary Suspension by the Director.

(a) The Director shall have the authority to temporarily suspend any permit issued pursuant to the provisions of this section if an emergency situation exists wherein the immediate cessation of activities or operations under such permit is necessary to protect the public peace, health, safety or general welfare. Such suspension shall become effective 24 hours after the permittee has received written notice of intent to suspend and the grounds therefor. Prior to imposition of any suspension, the permittee may appear before the Director and present any information concerning the proposed suspension. Following the 24-hour time period, the Director may impose a temporary suspension for a period not to exceed 60 days pending a hearing before the City Council. Such hearing shall be scheduled by the City Clerk pursuant to this section.

(b) If a taxicab driver’s permit is proposed to be temporarily suspended by the Director, the taxicab permittee shall be notified of the proposed temporary suspension and shall be sent copies of all hearing notices which are sent to the taxicab driver.

(2) Suspension or Revocation Hearing by the City Council. Whenever a permit granted or issued under the provisions of this section is temporarily suspended by the Director, a written report of such action or recommended action shall be filed by the Director with the City Clerk for submission to the City Council. Concurrently, a copy of such report shall be mailed to the permittee, together with a notice that the matter will be set for hearing by the City Council at its next regular meeting, giving the date, time and place of such meeting. The City Clerk shall set the matter for hearing by the City Council at its next regular meeting, and the City Council shall, at such hearing or continuance thereof, hear such evidence as may be offered, and, in its discretion, affirm, modify or reverse the action taken or recommended.

(3) Surrender of Permit. If the City Council finds that sufficient justification exists for the suspension or revocation of a permit, then the City Council may suspend or revoke such permit. The permit shall forthwith be surrendered to the Director, and the operation of any taxicab or taxicabs covered by such permit shall thereupon cease and be unlawful.

(H) Authority to Inspect and Order Repairs. The Sheriff may order any person owning or operating a taxicab to promptly repair or correct any condition which makes the vehicle unsuitable or unsafe for taxicab service, including any condition specified in subsection (F)(10) of this section. Upon receipt of written notice of such order, the owner or operator shall remove the vehicle from service. The vehicle shall not be operated on the streets of the City unless and until satisfactory proof is presented to the Sheriff that the repairs or corrections have been made. (Ord. U-1030 §§ 19 – 24, 1993; Ord. 898 § 2, 1990)

5.04.670 Tobacco/smoking product retailer.

(A) Definitions. For the purpose of this section, the following terms shall have the following meanings:

(1) “Arm’s length transaction” 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.

(2) “Drug paraphernalia” shall have the definition set forth in California Health and Safety Code Sections 11014.5 and 11364.5, as those sections may be amended from time to time.

(3) “Proprietor” 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.

(4) “Self-service display” 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.

(5) “Smoking product” means any substance produced or sold to be used for smoking, ingestion or consumption in cigarettes, cigars, pipes, hookahs, or other similar objects.

(6) “Tobacco product” means (a) any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and (b) any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco product dependence.

(7) “Tobacco/smoking paraphernalia” means cigarette papers or wrappers, 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.

(8) “Tobacco/smoking product retailer” 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.

(9) “Vending machine” as used in this section shall mean 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.

(10) “Youth decoy” 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, 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 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:

(a) The location has been fully transferred to a new proprietor or fully transferred to entirely new proprietors; and

(b) The new proprietor provides the City with clear and convincing evidence that the new proprietor has acquired the location in an arm’s length transaction.

(3) Every permit issued under this chapter shall be posted in accordance with PMC 5.04.100.

(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 and shall be renewed consistent with the provisions of PMC 5.04.250 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 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 5.04.340. 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 the minimum age established by state law for the purchase or possession of tobacco or smoking products 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) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this section shall constitute a violation.

(5) Failure to prominently display the tobacco/smoking product retailer permit in a publicly visible location at the permitted premises shall constitute a violation.

(6) 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.

(7) Any continuing violation shall constitute a separate offense for each day of the violation.

(8) Violations of this chapter are hereby declared to be public nuisances.

(9) 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.

(10) 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 in accordance with PMC 5.04.280 through 5.04.300.

(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 exist:

(a) One or more of the grounds for denial listed in PMC 5.04.200 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 issue 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 issue 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 issue 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 5.04.340. 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. 1384 § 9, 2010)

5.04.680 Tow truck.

(A) Definition. For purposes of this section, the following term shall have the following meaning:

“Tow truck” means a motor vehicle which has been altered or designed and equipped to tow another motor vehicle by means of a crane, hoist, tow bar, tow line or dolly.

(B) Exemptions. The provisions of this section shall not apply to tow trucks or vehicles licensed pursuant to California Vehicle Code Section 11500 et seq. and California Business and Professions Code Section 7500 et seq.

(C) Application Information. In addition to the information set forth in PMC 5.04.140, an application for a tow truck service operator’s permit shall include the following information:

(1) A map of the district, area or territory to be served by the tow truck service;

(2) A schedule of rates proposed to be charged in those areas of the City which the applicant proposes to service; and

(3) A description of the location and the operational facilities of the applicant.

(D) Operating Requirements.

(1) Service Records to Be Kept. A tow truck service operator shall maintain the following records for each service order:

(a) Location where tow service requested;

(b) Date and time request made;

(c) Description of vehicle towed;

(d) Location to which vehicle was towed;

(e) Identification of dispatcher;

(f) Identification of driver; and

(g) Time of dispatch.

(2) Inspection. Such records shall be available for inspection by the Director and the Sheriff for a period of at least six months.

(3) Driver’s License Requirements. A tow truck service operator shall not allow any person to operate a tow truck authorized under its permit unless such driver has, in his or her possession, a valid driver’s license issued by the California Department of Motor Vehicles.

(4) Insurance Requirements. The Director shall not issue a tow truck service operator’s permit until the applicant has filed a policy of liability insurance pursuant to PMC 5.04.240 covering every tow truck to be operated pursuant to the operator’s permit. The policy of liability insurance shall be in not less than the following amounts:

(a) One hundred thousand dollars for death or injury to any one person in any one accident or occurrence;

(b) Three hundred thousand dollars for death or injury to two or more persons in any one accident or occurrence;

(c) Fifty thousand dollars for damages to property of others.

(5) Indemnification. Every operator permitted pursuant to this section shall execute an indemnification agreement pursuant to PMC 5.04.240.

(6) Tow Truck Facility Security. If the tow truck service provides storage for towed vehicles, the operator shall provide security for such vehicles during all business hours.

(7) Locking of Vehicles. If the tow truck service provides storage of towed vehicles, the operator shall lock each ignition, remove the key, and place the key in a safe place.

(8) Sign Requirements.

(a) The operator shall install and maintain a sign on the business premises, plainly visible from the street, showing the operator’s name, the address of the business, the time when the premises are closed and the towing and storage fees, if any.

(b) All signs shall be installed pursuant to this section in compliance with this code.

(9) Rates Charged. A copy of the rates charged for utilizing a tow truck’s services shall be posted or carried in each tow truck. (Ord. 1384 § 10, 2010; Ord. 898 § 2, 1990. Formerly 5.04.670)