Chapter 5.12
PERMITS – ISSUANCE AND REVOCATION
Sections:
5.12.010 Permit – Required for certain businesses.
5.12.015 Permit – Designation of businesses requiring.
5.12.020 Permit – Application – Filing – Contents.
5.12.030 Permit – Investigation – Granting or denial.
5.12.040 Permit – Denial – Appeal.
5.12.050 Permit and license hearing board creation – Members – Powers.
5.12.060 Permit and license hearing board – Action on appeals.
5.12.070 Permit and license hearing board – Appeal from decision.
5.12.080 Permit – Posting or carrying required.
5.12.100 Permit – Suspension or revocation – Grounds.
5.12.110 Permit – Suspension or revocation – Notice – Effective date.
5.12.120 Permit – Suspension or revocation – Hearing – Effective date.
5.12.130 Permit – Suspension or revocation – Appeal.
5.12.140 Exemption from permit requirement.
5.12.010 Permit – Required for certain businesses.
In addition to the payment of a license fee, as provided for in Chapter 5.08 BGMC, all of the businesses, trades and occupations enumerated in BGMC 5.12.015 shall obtain a permit to operate within the city. It is unlawful to operate a business or trade, or to engage in an occupation for which a permit is required, without first having obtained a permit. (Ord. 412 § 1, 1980; Ord. 295 § 1, 1972; prior code § 6400).
5.12.015 Permit – Designation of businesses requiring.
A business permit is required for the following businesses:
A. Adult entertainment businesses as defined in Section 95.10 of the Bell Gardens Zoning Code;
B. Ambulance operator;
C. Appliance repair. A business is engaged in appliance repair if any part of its income is to be derived from repair of home or household appliances;
D. Automobile repair shop;
E. Auto wrecker;
F. Billiard and pool hall;
G. Cannabis retail. As defined in BGMC 9.04.030;
H. Cannabis products. As defined in BGMC 9.04.030;
I. Cocktail lounge, tavern, beer bar or any other establishment doing business under a permit issued by the Alcoholic Beverages Control for the sale and consumption of alcoholic beverages on the premises;
J. Dancehall;
K. Head shop. A business is deemed to be a head shop if it sells or displays for the purpose of sale any device, contrivance, instrument or paraphernalia for smoking or injecting, or consuming cannabis, hashish, PCP or any controlled substance, as defined the in the Business and Professions Code or the Health and Safety Code of the state of California, other than prescription drugs and devices to ingest or inject prescription drugs, as well as roach clips, and cigarette papers and rollers designed for the smoking of the foregoing;
L. Locksmith;
M. Pawnbroker or pawnshop;
N. Secondhand dealer;
O. Soliciting;
P. Street vendors; and
Q. Towing service. (Ord. 934 § 7, 2023; Ord. 522 § 2, 1986; Ord. 516 § 2, 1985; Ord. 511 § 2, 1985; Ord. 465 § 22, 1983; Ord. 412 § 2, 1980).
5.12.020 Permit – Application – Filing – Contents.
Before any permit is issued pursuant to this title, an application for such permit shall be filed with the business license clerk, signed and verified by the applicant. The application shall set forth the following:
A. The name and address of the applicant;
B. The name and address of the person by whom the applicant is employed, if any;
C. The nature of the business for which a permit is requested;
D. The place where such business is to be conducted;
E. A brief description of the nature and amount of equipment to be used in such business;
F. A personal description of the applicant;
G. Evidence of the identity of the applicant of such character as may be required;
H. Fingerprints and thumbprints of the applicant, if required by the chief of police;
I. In the case of pushcart vendor permits applied for pursuant to BGMC 5.56.030, the applicant shall submit the following additional information on forms to be provided to the applicant by the business license division:
1. The full and true name and any other name used by the applicant.
2. The present residence and business address of the applicant and telephone numbers of the applicant.
3. A description of the merchandise that the pushcarts will vend.
4. A description of the logo, color scheme, insignia and any other distinguishing characteristics of the applicant’s pushcart.
5. A copy of the California driver’s license or identification card issued to the applicant.
6. A passport-quality color photograph of the applicant.
7. The permit history of the applicant for the three-year period immediately preceding the date of the filing of the application, including whether such person, in previously operating in this or any other city, county, state or territory, has ever had any similar license and, if so, the circumstances of such suspension or revocation.
8. All criminal convictions suffered by the applicant, including ordinance violations, but excepting minor traffic offenses (any traffic offense designated as a minor traffic offense), stating the date, place, nature and sentence of each such conviction.
9. Such other identification and/or information as the director of community development or his designated representative may require in order to discover the truth of the matters required to be set forth in the application;
J. The business license division shall issue a photo identification card to each person issued a permit under this chapter. The identification card shall include, but not be limited to, the name of the permittee, a photograph of the permittee, a brief description of the items allowed for sale under the permit and a designation of the zone and time period for which the permit is valid. (Ord. 777 § 6, 2004; Ord. 311 § 1, 1973; Ord. 295 § 1, 1972; prior code § 6401).
5.12.030 Permit – Investigation – Granting or denial.
The chief of police shall conduct such investigation as he deems necessary concerning the application and the business proposed to be conducted, to determine whether the applicant is of good moral character and proposes to engage in an enterprise in a manner which shall not be detrimental to the public peace, health, safety, morals, or welfare of the city or its inhabitants, by reason of the character of the applicant, the nature of the business, or the manner in which the business is proposed to be conducted. If, after such investigation, the chief of police determines that the applicant is of good moral character and proposes to engage in an enterprise which will not be detrimental to the public peace, health, safety, morals, or welfare of the city or its inhabitants, by reason of the character of the applicant, the nature of the business, or the manner in which the business is proposed to be conducted, then the chief of police shall issue such permit upon such terms, conditions, and restrictions, regulating the operation and conduct of such business, not in conflict with any paramount law, as may be necessary or expedient to protect the public peace, health, safety, morals, or welfare of the city or its inhabitants. The investigation by the chief of police shall be completed and the applicant notified of the chief of police’s decision within 30 days from the date on which all of the required information on the application is submitted. If subsequent investigation reveals information that would have caused the chief of police to refuse issuance of the permit, the chief of police may revoke the permit pursuant to the provisions of BGMC 5.12.100 et seq. (Ord. 412 § 3, 1980; Ord. 295 § 1, 1972; prior code § 6402).
5.12.040 Permit – Denial – Appeal.
In the event the permit is denied, the applicant may appeal the denial to the permit and license hearing board by filing with the business license clerk a written notice of appeal within 10 days of the date of such denial. Within 30 days of the date such an appeal is filed, the permit and license hearing board shall hear the appeal. (Ord. 412 § 3, 1980; Ord. 311 § 2, 1973; Ord. 295 § 1, 1973; prior code § 6403).
5.12.050 Permit and license hearing board creation – Members – Powers.
A. The city council creates a permit and license hearing board which shall consist of five members, one each to be appointed by each member of the city council, with the approval of a majority of the city council. The term of office of each appointee shall coincide with the term of the councilmember making the initial appointment. The commissioner shall serve at the pleasure of the city council and any member may be removed by a majority vote of the council.
B. The board shall have the power to hear appeals in any case where the chief of police has denied or revoked a permit required by this title, or has issued such a permit subject to conditions, and the applicant has filed a timely appeal. The board shall have the further power to grant, revoke, suspend or condition any other license issued under the provisions of the business license law. (Ord. 412 § 3, 1980; Ord. 316 § 12, 1973; Ord. 295 § 1, 1972; prior code § 6404).
5.12.060 Permit and license hearing board – Action on appeals.
After conducting a public hearing, at which the applicant shall be entitled to be represented by counsel and to present all pertinent and relevant evidence pertaining to his application, the permit and license hearing board shall affirm the action of the chief of police taken in connection with such application or revocation of an existing permit, or, if it determines that the proposed business would not be detrimental to the public peace, health, safety, morals, or welfare of the city or its inhabitants, by reason of the moral character of the applicant, the nature of the business, or the manner in which the proposed business is to be operated, shall issue, conditionally issue, or, in the case of a revocation, refuse to revoke the existing permit. (Ord. 295 § 1, 1972; prior code § 6405).
5.12.070 Permit and license hearing board – Appeal from decision.
A. Any person aggrieved by the decision of the permit and license hearing board may appeal the same by filing with the city clerk, within 10 days after receiving notification of the decision of the board, a written statement, signed by the aggrieved person, that he has elected to appeal the decision of the board, and that he requests a hearing on his appeal before the city council.
B. The city clerk shall thereafter set the matter for hearing before the city council within 30 days of the receipt of the notice of appeal. The hearing before the city council may be continued from time to time.
C. The city clerk shall mail a notice to, or personally serve, the person aggrieved, notifying him of the time and place of the hearing. The notice is to be mailed and served not fewer than five days prior to the hearing.
D. At the time of the hearing, the city council shall consider the report and the decision of the hearing board, and the record and the evidence heard and submitted to the board. In addition, the city council, by majority action, may grant the person aggrieved a new hearing de novo before the city council.
E. Following the conclusion of the hearing before the city council, the council shall render its decision within 30 days. The decision of the city council shall be final. (Ord. 295 § 1, 1972; prior code § 6406).
5.12.080 Permit – Posting or carrying required.
A. Any permit issued pursuant to this title shall be posted on the premises where the business for which such permit is issued is conducted, and shall remain posted during the period the permit is in force.
B. Any permit issued to any person who goes from place to place in the city for the purpose of carrying on the business permitted shall carry such permit at all times he is conducting such business, and shall exhibit the same upon request. (Ord. 295 § 1, 1972; prior code § 6407).
5.12.090 Permit – Duration.
Any permit issued pursuant to this title shall be good until revoked. Said permit shall not, under any circumstances, be transferable. (Ord. 465 § 23, 1983; Ord. 311 § 3, 1973; Ord. 295 § 1, 1972; prior code § 6408).
5.12.100 Permit – Suspension or revocation – Grounds.
When any permit is issued pursuant to the terms of this title, such permit may be suspended or revoked at any time thereafter by the chief of police, if he is satisfied that the conduct of such business does or will endanger, in any manner, the public welfare, or the peace, health, or safety of the city or its inhabitants, or that the same has been conducted in an illegal, improper, or disorderly manner, or when the proprietor or person in charge of such business violates or permits any violation of any law of the state or city. (Ord. 465 § 24, 1983; Ord. 295 § 1, 1972; prior code § 6410).
5.12.110 Permit – Suspension or revocation – Notice – Effective date.
Suspension or revocation shall be effected by delivering a notice of suspension or revocation, containing the reasons therefor, to the applicant in person, or by mailing such notice to the address of the applicant as set forth in his application. Such suspension or revocation shall be effective within five days following the date of delivery, or the date of mailing, unless, within such period of time, the applicant files with the chief of police and the city clerk a demand for a hearing. (Ord. 465 § 25, 1983; Ord. 295 § 1, 1972; prior code § 6410).
5.12.120 Permit – Suspension or revocation – Hearing – Effective date.
If a demand for a hearing is filed, the permit and license hearing board shall set for hearing the suspension or revocation of the permit and, at the conclusion of such hearing, may uphold the suspension or revocation or reinstate the permit. In the event the suspension or revocation is upheld by the permit and license hearing board, the suspension or revocation of the permit shall be effective at the expiration of the appeal period provided for in BGMC 5.12.070, unless the matter is appealed to the city council pursuant thereto. (Ord. 465 § 26, 1983; Ord. 384 § 3, 1978; Ord. 295 § 1, 1972; prior code § 6410).
5.12.130 Permit – Suspension or revocation – Appeal.
Any person aggrieved by a decision of the permit and license hearing board regarding suspension or revocation of a business permit may appeal the decision pursuant to the provisions of BGMC 5.12.070. The decision of the city council on appeal shall be effective on the date the council renders its decision. (Ord. 465 § 27, 1983; Ord. 384 § 3, 1978; Ord. 295 § 1, 1972; prior code § 6410).
5.12.140 Exemption from permit requirement.
No permit shall be required under this title for any business, trade, occupation, or profession, the licensing or permitting of which is solely subject to state or federal law wherein the city is preempted from regulating such business, trade, occupation, or profession. (Ord. 295 § 1, 1972; prior code § 6411).