CHAPTER 4
BUSINESSES AND OCCUPATIONS1

SECTION:

Article 1. Retail and Service Businesses Requiring Licenses

3-4-101:    Bicycle Dealers

3-4-102:    Christmas Tree Dealers

3-4-103:    Private Patrol and Watchman Service

3-4-104:    Rental Equipment

3-4-105:    Deleted

3-4-106:    Rental Information Service

3-4-107:    Deleted

3-4-108:    Deleted

3-4-109:    Sign Painting

3-4-110:    Street and House Numbers

3-4-111:    Firearms

Article 2. Automobile Dealers

3-4-201:    Definitions

3-4-202:    Necessity of Paving and Maintenance of Sales Lots

3-4-203:    Necessity for Masonry Type Wall

Article 3. Automobile Parking

3-4-301:    Definition of Parking Station

3-4-302:    License Fee

3-4-303:    Permit Required

3-4-304:    Application for Permit

3-4-305:    Approval of Application for Permit

3-4-306:    Ingress and Egress; Driveways

3-4-307:    Trespass on Adjacent Property Prohibited

3-4-308:    Attendant Required; Signs to be Posted

Article 4. Automobile Wrecking

3-4-401:    Definition

3-4-402:    License Fee

3-4-403:    Permit Required; Fee

3-4-404:    Application for Permit

3-4-405:    Approval of Application for Permit

3-4-406:    Records; Inspection and Report

3-4-407:    Reports to be Confidential

3-4-408:    Goods to be Held Five Days

3-4-409:    Doing Business with Minor

Article 5. Vehicle Towing Services

3-4-501:    Definition

3-4-502:    Tow Operation License Fee

3-4-503:    Permit Required

3-4-504:    Annual Renewal Application

3-4-505:    New Application after Denial or Revocation of License or Permit

3-4-506:    Business Location

3-4-507:    No Effect on Zoning Law

3-4-508:    Additional Requirements

3-4-509:    Change of Location

3-4-510:    Towing Authorization

3-4-511:    Itemized Statement; When Required

3-4-512:    Places Vehicles Shall be Towed

3-4-513:    Vehicle Repair or Alteration; When Permitted

3-4-514:    Disciplinary Action

3-4-515:    Violation and Penalty

3-4-516:    Insurance Requirements

3-4-517:    Name of Tow Operation

3-4-518:    Hours of Operation and Release of Vehicles

3-4-519:    Rates and Charges; Change of Signs

3-4-520:    Tow Unit Operator; Uniform and Identification

3-4-521:    Tow Unit; Identification

3-4-522:    Inspection

3-4-523:    Tow Unit Operator License Fee

3-4-524:    Tow Unit Operator Permit Required

3-4-525:    Tow Unit Operator Permit Fee

3-4-526:    Application for Tow Unit Operator Permit; Contents

3-4-527:    Permit Procedures

3-4-528:    Annual Renewal Application

3-4-529:    Violation and Penalty

3-4-530:    New Application after Denial or Revocation of Permit

3-4-531:    Identification Card

3-4-532:    Consumption of Alcohol

3-4-533:    Violation and Penalty

Article 6. Delivery Person

3-4-601:    Ice Delivery

3-4-602:    Milk Delivery

3-4-603:    Oil and Tank Wagon Delivery

3-4-604:    Water Distributor

3-4-605:    Food Delivery Not Licensed Elsewhere

Article 7. Reserved

Article 8. Markets

3-4-801:    Open Air Market

Article 9. Reserved

Article 10. Secondhand Dealers, Pawnbrokers and Junk Dealers

3-4-1001:    Definitions

3-4-1002:    License Fees

3-4-1003:    Permit and Fees

3-4-1004:    Approval of Application

3-4-1005:    Records

3-4-1006:    Inspection

3-4-1007:    Reports

3-4-1008:    Exceptions

3-4-1009:    Property to be Held for Thirty Days by Secondhand Dealers

3-4-1010:    Property to be Held for Ten Days by Junk Dealers, Etc.

3-4-1011:    License and/or Permit Renewal and Forfeiture

Article 11. Peddlers, Solicitors and Itinerant Merchants

3-4-1101:    Definitions

3-4-1102:    Peddlers’ Permits, Licenses and Fees

3-4-1103:    Application for Peddler’s Permit and License

3-4-1104:    Necessity for Approval of Certain Peddlers’ Licenses

3-4-1105:    Solicitors’ Permits, Licenses and Fees

3-4-1106:    Application for Solicitor’s Permit and License

3-4-1107:    Necessity for Approval of Solicitor’s Permit and License

3-4-1108:    Registration Card

3-4-1109:    Itinerant Merchant’s License Fee

3-4-1110:    Application for Itinerant Merchant’s License

3-4-1111:    Conditions and Restrictions for Peddling from Motorized Vehicles; Exceptions Thereto

3-4-1112:    Peddling from Nonmotorized Vehicles Prohibited

3-4-1113:    Reserved

3-4-1114:    Display of Foods, Merchandise, Etc.

3-4-1115:    Exception; Downtown Pedestrian District

3-4-1116:    Exception; Parades, Carnivals and Fairs

Article 12. Auctions and Auction Marts

3-4-1201:    Definitions

3-4-1202:    License Fees

3-4-1203:    Bond

3-4-1204:    Jewelry Auctions Prohibited; Exceptions

3-4-1205:    Application for Permit to Conduct Jewelry Auction

3-4-1206:    Granting Permit to Conduct Jewelry Auction

3-4-1207:    Duration of Jewelry Auction Permit

3-4-1208:    Auctions for Charitable Purposes

3-4-1209:    Inventory

3-4-1210:    Labeling

3-4-1211:    Receipt to be Issued

3-4-1212:    Misrepresentation

3-4-1213:    False Bids, Shills and Cappers

3-4-1214:    Secret Rebates or Discounts After Sale Prohibited

Article 13. Private Ambulance Service

3-4-1301:    License Fee; Exception

3-4-1302:    County of Los Angeles Operator Business License

3-4-1303:    Application for Business License Certificate

3-4-1304:    Appeals

3-4-1305:    Issuance of Business License Certificate

3-4-1306:    Insurance

3-4-1307:    Identification of Ambulances

3-4-1308:    Grounds for Revocation

Article 14. Other Vehicles for Hire

3-4-1401:    Deleted

3-4-1402:    Draying Reports

Article 15. Physical Therapy

3-4-1501:    Definition

3-4-1502:    License Fees

3-4-1503:    Application for License

3-4-1504:    Application Fee

3-4-1505:    Approval by Chief of Police

3-4-1506:    Permits

3-4-1507:    Granting or Refusal of Permit

3-4-1508:    Registration

3-4-1509:    Reserved for Future Use

3-4-1510:    Exemptions

3-4-1511:    Written Notice of Suspension, Revocation or Expiration

Article 16. Liquidation Sales

3-4-1601:    Definition

3-4-1602:    License Fee

3-4-1603:    Permit

3-4-1604:    Application for Permit

3-4-1605:    Investigation

3-4-1606:    Limitation on Granting Permit

3-4-1607:    Duration of Permit

3-4-1608:    Scope of Permit

3-4-1609:    Grounds for Revocation of Permit

3-4-1610:    False Statement in Application

3-4-1611:    False Advertising

3-4-1612:    Exemption

Article 17. Escort Bureaus

3-4-1701:    Definitions

3-4-1702:    License Fee

3-4-1703:    Application Fee

3-4-1704:    Application for License

3-4-1705:    Permit

3-4-1706:    Granting or Refusal of Permit

3-4-1707:    Limitation on Issuance of Permit

3-4-1708:    Registration

3-4-1709:    Records

3-4-1710:    Grounds for Revocation of Permit

3-4-1711:    Minors

3-4-1712:    Exemption

Article 18. Solicitation of Donations

Division 1. General Provisions

3-4-1801:    Definitions

3-4-1802:    Applicability and Exceptions

Division 2. Solicitations

3-4-1803:    Permit

3-4-1804:    Agreements with Promoters

3-4-1805:    Standards for Granting or Denying Permits

3-4-1806:    Open to Inspection of Public

3-4-1807:    Registration Card

3-4-1808:    Paid Solicitors; Bond; Change of Address or Employment

Division 3. Promoters

3-4-1809:    Permit Required

3-4-1810:    Application for Permit

3-4-1811:    Permit Fee

3-4-1812:    Bond

3-4-1813:    Granting or Refusal of Permit

3-4-1814:    Employing Paid Solicitor Not Registered

3-4-1815:    Commingling of Funds by Promoter

Division 4. Prohibited Soliciting Activities

3-4-1816:    Fraud

3-4-1817:    Use of Fictitious Name or Alias

3-4-1818:    Soliciting Without Displaying Registration Card

3-4-1819:    Soliciting by Printed Matter or Over the Radio, Television, Telephone or Telegraph

3-4-1820:    Soliciting from Vehicles

3-4-1821:    Begging or Soliciting on Street or from Doorway

3-4-1822:    Soliciting for Associations

Division 5. Receipts and Records

3-4-1823:    Giving Written Receipts

3-4-1824:    Keeping Books of Account

3-4-1825:    Inspection of Records

3-4-1826:    Filing Report

Article 19. New Businesses

3-4-1901:    Permit Required for New Businesses

3-4-1902:    Permit Fee for New Businesses

3-4-1903:    Approval by Planning Division

Article 20. Film Permits

3-4-2001:    Definitions

3-4-2002:    Permits and Exemptions

3-4-2003:    Rules and Regulations

3-4-2004:    Applicants and Issuance

3-4-2005:    Liability Provisions

3-4-2006:    Violation

Article 21. State Video Service Franchises

3-4-2101:    Purpose and Intent

3-4-2102:    Definitions

3-4-2103:    State Video Franchise Fees

3-4-2104:    Audit Authority

3-4-2105:    Customer Service Standards

3-4-2106:    City Response to State Franchise Application

Article 22. Massage Establishments and Massage Technicians

Division 1. General Provisions

3-4-2201:    Definitions

3-4-2202:    Applicability and Exceptions

Division 2. Massage Establishments and Off Premises Massage Businesses

3-4-2203:    License Fee

3-4-2204:    Massage Establishment and Off Premises Massage Business Permits Application and Procedure

3-4-2205:    Operating Requirements and Facilities

3-4-2206:    Revocation and Suspension of Permit

Division 3. Massage Technicians

3-4-2207:    License Fee

3-4-2208:    Massage Technician Permit; Application and Procedure

3-4-2209:    Examination Required

3-4-2210:    Investigation, Grounds for Denial, and Issuance

3-4-2211:    Off Premises Massage Technicians; Permit Endorsement Required

Division 4. Miscellaneous Provisions

3-4-2212:    Operative Date

3-4-2213:    Notification of Change

3-4-2214:    Violation and Penalty

3-4-2215:    Annual Renewal Application

3-4-2216:    New Application after Denial or Revocation of Permit

3-4-2217:    No Effect on Zoning Law

Article 23. Psychic Arts/Fortunetelling

3-4-2301:    Definitions

3-4-2302:    License Fee

3-4-2303:    Permit Application Procedure

3-4-2304:    Display of License and Permit

3-4-2305:    Annual Permit Renewal Application

3-4-2306:    New Application after Denial or Revocation of Permit

3-4-2307:    Posting of Fees

3-4-2308:    Receipts

3-4-2309:    Client’s Record of Consultation

3-4-2310:    Exception; Entertainment

3-4-2311:    Exception; Religious Practice

Article 24. Health Clubs

3-4-2401:    Intent and Purpose

3-4-2402:    Definitions

3-4-2403:    License and Permit Requirements

3-4-2404:    Bond Requirements

3-4-2405:    Administration of Refunds Pursuant to Health Club Closure

3-4-2406:    Exemptions

3-4-2407:    Applicant Background Investigations

3-4-2408:    Transferability of Business License

Article 25. Retail Tobacco Sales

3-4-2501:    Purpose and Intent

3-4-2502:    Definitions

3-4-2503:    Tobacco Retailer License Required

3-4-2504:    Application Procedure

3-4-2505:    Issuance of License

3-4-2506:    License Renewal and Expiration

3-4-2507:    Positive Identification Required; Minimum Age to Sell Tobacco Products

3-4-2508:    Sale of Flavored Tobacco Products Prohibited

3-4-2509:    Compliance Monitoring and Enforcement

3-4-2510:    Suspension and Revocation

3-4-2511:    Outreach and Education

Article 26. Commercial Cannabis Activity

3-4-2610:    Prohibition

Article 27. Sidewalk Vendors

3-4-2701:    Definitions

3-4-2702:    License Required

3-4-2703:    Application Procedure

3-4-2704:    Grounds for Denial

3-4-2705:    Term and Renewal

3-4-2706:    License Nontransferable

3-4-2707:    Exemptions

3-4-2708:    Operating Requirements

3-4-2709:    License Revocation

3-4-2710:    Appeal Procedures

3-4-2711:    Penalties

3-4-2712:    Ability-to-Pay Determination

ARTICLE 1. RETAIL AND SERVICE BUSINESSES REQUIRING LICENSES

3-4-101: BICYCLE DEALERS:

Every person engaging in the business of buying secondhand bicycles or selling new or secondhand bicycles shall make a daily report to the Police Department, giving the name and address of any person from whom a bicycle is purchased or repossessed or to whom any bicycle is sold, as the case may be, together with the frame number and metallic plate number of such bicycles, if any, and shall provide every purchaser with a record including the name and address of the seller and the purchaser, the year, make, serial number, type and model of the bicycle, and shall forward a copy of this record to the Community Development Department. [Formerly numbered Section 8-3; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2385.]

3-4-102: CHRISTMAS TREE DEALERS:

A.    Definition of Christmas Season: The term “Christmas season” as used in this section shall mean the period commencing with November 1 and ending on December 31 of each year.

B.    License Fee: Every person engaging in the business of selling spruce, cedar, fir or other Christmas trees in the open shall pay a license fee for each Christmas season in the amount set forth in the Burbank Fee Resolution.

C.    Deposit and Regulations: Applicants for such license shall deposit with the City such sum as the Community Development Director may deem necessary to reimburse the City for any expense that may be incurred by the City or any of its departments in cleaning up any debris not removed by the licensee as required by this section. It shall be the duty of each licensee hereunder to remove all spruce, cedar, fir or other Christmas trees, together with any debris therefrom, from the location where the same are being sold immediately upon the date such business is discontinued, terminated or abandoned. If any spruce, cedar, fir or other Christmas trees or debris on such property are not removed to the satisfaction of the Community Development Director, the Community Development Director may summarily cause the removal thereof at the sole expense of the licensee and the costs of such removal shall be deducted from the licensee’s deposit. [Formerly numbered Section 8-4; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 3623.]

3-4-103: PRIVATE PATROL AND WATCHMAN SERVICE:

The term “private patrol and watchman service” shall mean patrolling, guarding, watching or otherwise protecting the premises, stores, buildings or other property of persons within the City for compensation, either by contract or for hire. Every person engaging in the business of private patrol and/or watchman service is exempt from an annual licensing fee. Nothing in this section precludes the City from requiring registration and business taxes pursuant to Title 2, Chapter 4, Article 8 of this code. [Formerly numbered Section 8-5; renumbered by Ord. No. 3058; Amended by Ord. No. 3125, eff. 10/8/88; 2194.]

3-4-104: RENTAL EQUIPMENT:

A.    License Fee: Every person engaging in the business of renting trailers, cement mixers, welding equipment, power saws, or trucks shall pay an annual license fee in the amount set forth in the Burbank Fee Resolution.

B.    Insurance: Applicants for such license shall obtain a policy of commercial general liability insurance and file a certificate thereof with the City, which shall contain a separate endorsement attached to the certificate naming the City as additional insured. The policy shall meet the requirements of Section 3-6-302 of this code and the policy limits shall be in amounts determined by the Community Development Director.

C.    Maintenance of Equipment: Every person engaged in such business shall keep all equipment held out for rental in good condition and repair and shall provide thereon all standard safety guards and devices. [Formerly numbered Section 8-6; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 3623.]

3-4-105: MOBILEHOME PARK:

[Deleted by Ord. No. 3623, eff. 6/28/03; formerly numbered Section 8-7; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-106: RENTAL INFORMATION SERVICE:

A.    Definition: As used in this section, the term “rental information service” shall mean giving, passing out or referring to any person, either gratuitously or for a consideration, information, addresses, names, locations and other information regarding or relating to rentals of residential property, rooms, housing facilities, trailers or any kind of residence facilities. The term “rental information service” shall not include and purport to regulate real estate agents and brokers duly licensed by the State who give information in connection with and as part of the negotiations for lease or rental of property which such agent or broker is authorized to rent or lease for and on account of the owner.

B.    License Fee: Every person engaging in the business of rental information service shall pay an annual license fee in the amount set forth in the Burbank Fee Resolution.

C.    Listings: It shall be unlawful for any person engaging in the business of rental information service to publish, print, circulate or advertise any listing of real estate rental, residence or otherwise, without first having obtained the written consent of the owner, agent, manager or attorney in fact of such property.

D.    Posting: Every rental information service shall keep in a conspicuous place in the office of such service an up to date list of all properties offered for referral and such list shall be made available to any patron of said service desiring the same.

E.    Fraud and Misrepresentation: It shall be unlawful for any person engaging in the business of a rental information service to:

1.    Publish, print, circulate or give any rental listing which is false, misleading or does not exist at the time of such referral; or

2.    Misrepresent the availability, price or status of any property offered for referral. [Formerly numbered Section 8-8; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03.]

3-4-107: ROOMING AND LODGING HOUSE:

[Deleted by Ord. No. 3623, eff. 6/28/03; formerly numbered Section 8-9; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-108: SCISSORS GRINDING:

[Deleted by Ord. No. 3623, eff. 6/28/03; formerly numbered Section 8-10; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-109: SIGN PAINTING:

A.    License Fee: Every person engaging in the business of a sign painter and not required to be licensed under Section 3-4-1901 of this chapter shall pay an annual license fee in the amount set forth in the Burbank Fee Resolution.

B.    Application Fee: Applicants for a license under this section shall pay an application fee in the amount set forth in the Burbank Fee Resolution. [Formerly numbered Section 8-11; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03; 2224.]

3-4-110: STREET AND HOUSE NUMBERS:

A.    License Fee and Application Fee: Every person engaging in the business of painting, stenciling or otherwise marking street or house numbers on curbs or any other portion of the street shall pay an annual license fee in the amount set forth in the Burbank Fee Resolution; applicants for such license shall pay an application fee in the amount set forth in the Burbank Fee Resolution.

B.    Consent of Owner or Occupant: No person shall paint, stencil or otherwise mark a street or house number on a curb or any other portion of the street without the written consent of the person owning or occupying the premises adjacent thereto. This provision shall not apply to street or house numbering performed by the City or any of its departments.

C.    Permits and Other Requirements: Every person painting, stenciling or otherwise marking a street or house number on a curb or any other portion of the street shall obtain a permit as required by this section and shall make the numerals thereof conform to the following specification: Numerals on curbs shall be black on a white and beaded background and shall be three inches (3") in height and width.

D.    Security for Completion of Work: No permit shall be issued to a licensee hereunder unless the licensee files a surety bond in a sum determined by the Community Development Director in accordance with Section 3-6-301 of this code or such other security of equal amount as may be approved by the Community Development Director. It is a specific condition of each permit and surety bond that each permittee shall satisfactorily complete all work agreed upon and paid for by each property owner. Failure to do so shall result in having the Public Works Department complete the work and charge double the agreed upon price against the surety bond. [Formerly numbered Section 8-12; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 3623, 2813.]

3-4-111: FIREARMS:

Every person engaging in the business of selling or otherwise transferring, or renting, or advertising for sale, or offering or exposing for sale or transfer or rental at retail, pistols, revolvers, or other firearms, shall pay for revenue purposes a license fee in the amount set forth in the Burbank Fee Resolution. [Formerly numbered Section 8-14; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03.]

ARTICLE 2. AUTOMOBILE DEALERS2

3-4-201: DEFINITIONS:

As used in this article, unless the context otherwise clearly indicates:

NEW CAR DEALER: Any person selling, buying, or otherwise dealing in five (5) or more new motor vehicles in any one calendar year, on consignment or otherwise, for a commission or for the purpose of reselling at a price greater than originally paid therefor.

USED CAR DEALER: Any person engaging in the business of selling, buying, taking in trade, displaying for sale on their own account, or for others, or otherwise dealing in used motor vehicles as the term “motor vehicle” is defined in the State Vehicle Code, or who buys or accepts on consignment, or offers or displays for sale, or otherwise becomes possessed of motor vehicles, for the purpose of sale, or who sells two (2) or more used motor vehicles in one calendar year for a commission or otherwise, except a bona fide owner of a motor vehicle who displays or offers the same for sale upon private premises owned, rented, leased or occupied by them for another purpose, provided not more than two (2) motor vehicles are thus offered or displayed for sale within any twelve (12) month period. [Formerly numbered Section 8-15; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-202: NECESSITY OF PAVING AND MAINTENANCE OF SALES LOTS:

The ground surface used for the parking or display of used cars of other motor vehicles shall be paved with a minimum of four inches (4") of cement concrete or two inches (2") of asphaltic concrete. All such paving shall be laid and maintained in accordance with the standard specifications of the City for such work and subject to approval of the Public Works Director. [Formerly numbered Section 8-17; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-203: NECESSITY FOR MASONRY TYPE WALL:

Whenever a lot is used for the parking or displaying of used cars or other motor vehicles and shares a common property line with property zoned for residential use, the person operating such lot shall erect a solid masonry type wall at least six feet (6') high between the two (2) properties. Such wall requirement may be dispensed with or reduced in height or length if the City Planning Board finds that due to the topography of the two (2) properties such lesser construction will adequately screen the car lot use from the residential property. [Formerly numbered Section 8-18; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 3. AUTOMOBILE PARKING

3-4-301: DEFINITION OF PARKING STATION:

As used in this article, unless the context otherwise clearly indicates, the term “parking station” shall mean any lot, parcel of land or premises where three (3) or more vehicles are stored, kept or parked for the public, whether a charge be made for such parking or not. [Formerly numbered Section 8-19; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03.]

3-4-302: LICENSE FEE:

Every person engaging in the business of operating a parking station shall pay an annual license fee in the amount set forth in the Burbank Fee Resolution. [Formerly numbered Section 8-20; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03.]

3-4-303: PERMIT REQUIRED:

No person shall engage in the business of operating a parking station without first obtaining a permit so to do from the Community Development Department. [Formerly numbered Section 8-21; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2194, 2182.]

3-4-304: APPLICATION FOR PERMIT:

Applications for such permit shall be accompanied by a permit fee in the amount set forth in the Burbank Fee Resolution and shall contain, in addition to the information required by Section 3-6-202 of this code, a description of the property to be occupied by such business, the zone in which such property is located, the zoning of adjacent property, location and dimensions of parking area, number of parking spaces, arrangement of parking spaces, internal circulation pattern, location, height and materials of walls and fences, points of ingress and egress and such other information as may be necessary to establish that the applicable provisions of Articles 14 and 16 of Title 10 of this code have been complied with. [Formerly numbered Section 8-22; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03; 2182.]

3-4-305: APPROVAL OF APPLICATION FOR PERMIT:

Applications for such permit shall be referred to the Building Director and the Public Works Director for approval. Unless the parking station is located within a zone in which such business may be maintained and a conditional use permit has been obtained, if required under the provisions of Title 10 of this code, and said parking station fully complies with the applicable provisions of Title 10, Articles 14 and 16 of this code, the application shall be disapproved. [Formerly numbered Section 8-23; renumbered by Ord. No. 3058, eff. 2/21/87; 2193.]

3-4-306: INGRESS AND EGRESS; DRIVEWAYS:

No person shall move any vehicle in or out of a parking station except over driveways, constructed in accordance with requirements laid down by the Public Works Director. [Formerly numbered Section 8-29; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-307: TRESPASS ON ADJACENT PROPERTY PROHIBITED:

No person shall move any vehicle in or out of a parking station across the property lines of adjacent property without the consent of the owner thereof. [Formerly numbered Section 8-30; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-308: ATTENDANT REQUIRED; SIGNS TO BE POSTED:

At each parking station where vehicles of the travelling public are stored by the hour, day or portion thereof, for a consideration, there shall be in charge and on duty during the hours the same is open for business at least one competent person, and there shall be installed and maintained thereon, at each entrance thereto, the following signs plainly visible from the street:

A.    A sign with letters not less than six inches (6") high, stating the time such parking station closes and indicating the time of day when there is an attendant on duty; and

B.    A sign stating the parking fees charged therein, if the entrance abuts upon a street. [Formerly numbered Section 8-31; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 4. AUTOMOBILE WRECKING

3-4-401: DEFINITION:

As used in this article, unless the context otherwise clearly indicates, “automobile wrecker” shall mean every person who buys any motor vehicle as the term “motor vehicle” is defined in the State Vehicle Code, for the purpose of dismantling or disassembling, or who dismantles or disassembles any such motor vehicle whether for the purpose of dealing in the parts thereof or using the same for the purpose of reconditioning any other vehicle, or for the purpose of selling or otherwise dealing in the materials of such vehicle or vehicles. [Formerly numbered Section 8-32; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-402: LICENSE FEE:

Every person engaging in the business of automobile wrecker shall pay an annual license fee in the amount set forth in the Burbank Fee Resolution. [Formerly numbered Section 8-33; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03.]

3-4-403: PERMIT REQUIRED; FEE:

No person shall engage in the business of automobile wrecker, nor shall any person relocate or make any improvements, additions or alterations to any place of business occupied by an automobile wrecker, without first obtaining a permit to do so from the Community Development Department. Applicants for a permit to engage in the business of automobile wrecker shall pay a permit fee in the amount set forth in the Burbank Fee Resolution. [Formerly numbered Section 8-34; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 3623, 2194.]

3-4-404: APPLICATION FOR PERMIT:

Applications for such permit shall, in addition to the information required by Section 3-6-202 of this code, identify the real property upon which the business is to be conducted, describing the same by metes and bounds, or, if possible, by lot, block and tract number, and shall state the size of such property, the nature and character of the improvements in the vicinity, and the means by which the applicant proposes to safeguard the public, who may then or thereafter reside or maintain a business within such vicinity, against any unsightliness or objectionable noises or odors. [Formerly numbered Section 8-35; renumbered by Ord. No. 3058, eff. 2/21/87].

3-4-405: APPROVAL OF APPLICATION FOR PERMIT:

Applications for such permit shall be referred to the Chief of Police and the Building Director for approval. [Formerly numbered Section 8-36; renumbered by Ord. No. 3058, eff. 2/21/87; 2193].

3-4-406: RECORDS; INSPECTION AND REPORT:

Every person engaging in the business of automobile wrecker shall keep a complete record of all purchases and the receiving of all motor vehicles, wrecked motor vehicles or used motor vehicle parts and accessories, open at all time to the inspection of the Chief of Police or any police officer of the City, and shall, within twenty four (24) hours after the receipt of such motor vehicle, parts or accessories, make a full and complete report to the Police Department setting forth the name of the person from whom such motor vehicle, part or accessory was purchased or received, the make, license or registration number, and any other mark of identification of such motor vehicle, part or accessory, and the style and seating capacity thereof. It shall be unlawful for any such person to fail, refuse or neglect to file such report in the form, in the manner, at the time and in all respects in accordance with the requirements of this section, or to fail, refuse or neglect to keep any record in the form or in the manner required by this section, or to fail, refuse or neglect to exhibit to the Chief of Police, or any police officer of the City, immediately upon demand, for the privilege of such inspection, any such record or any goods purchased or received. [Formerly numbered Section 8-37; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-407: REPORTS TO BE CONFIDENTIAL:

The Chief of Police shall file in a secure place in their office all reports received pursuant to the provisions of this article, and the same shall be open to inspection only by the members of the Police Department, or upon order of a court of competent jurisdiction. [Formerly numbered Section 8-38; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-408: GOODS TO BE HELD FIVE DAYS:

No person engaging in the business of automobile wrecker shall dispose of any motor, motor vehicle, or parts thereof, including tires or accessories, within a period of five (5) days after the same have been received, unless such person shall have secured a release in writing from the Chief of Police, allowing such person to sell or otherwise dispose of the same prior to the expiration of such five (5) day period. [Formerly numbered Section 8-39; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-409: DOING BUSINESS WITH MINOR:

No person engaging in the business of wrecking motor vehicles or motorcycles shall buy, trade, exchange or otherwise acquire any motor vehicle or motorcycle, or any part or parts thereof, from any person under the age of eighteen (18) years, unless a statement be first obtained from the parent or lawful guardian of such minor, stating that such parent or guardian knows that such minor owns or has the right to sell such article or thing, and any statement made to such purchaser by any person under the age of eighteen (18) years that they are over the age of eighteen (18) years shall not excuse such purchaser from the violation of this provision, unless such purchaser has other information which would lead a reasonable and prudent person to believe the truth of such minor’s statement. [Formerly numbered Section 8-40; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 5. VEHICLE TOWING SERVICES

3-4-501: DEFINITION:

A.    Tow Operation Defined: As used in this article, “tow operation” means the activity of towing vehicles within the City of Burbank. Tow operation includes the storing of vehicles and all other services performed incidental to towing.

B.    Exemptions: The provisions of this section shall not apply to any tow operation:

1.    That provides towing service exclusively to members of an association, automobile club or similar organization, and receives remuneration only from the sponsoring association, automobile club or similar organization;

2.    That provides towing service without charge or fee for other vehicles owned or operated by the individual or organization furnishing tow service;

3.    That provides towing service for other vehicles owned or operated by the individual or organization furnishing the tow service, but which are being operated under terms of a rent or lease agreement or contract, and such towing is performed on a nonprofit basis or said fee is a part of the rent or lease agreement or contract; or

4.    That, being located in another city, enters the City of Burbank on a towing assignment for the purpose of towing a disabled vehicle out of the City of Burbank for repair.

C.    Tow Unit Operator Defined: As used in this article, “tow unit operator” means the activity of driving or operating a tow unit for the purpose of towing vehicles within the City of Burbank.

D.    Police Department to Issue Rules: The Burbank Police Department shall issue “Rules Governing Tow Operations And Tow Operators”. [Added by Ord. No. 3405, eff. 7/29/95.]

3-4-502: TOW OPERATION LICENSE FEE:

Every person engaged in the business of owning or operating a tow operation in the City of Burbank shall pay an annual prorated license fee as established by the City of Burbank Fee Resolution. [Added by Ord. No. 3405, eff. 7/29/95.]

3-4-503: PERMIT REQUIRED:

It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted, or carried on, upon any premises in the City, a tow operation, as herein defined, without first obtaining a permit to do so from the Community Development Department upon approval of the Burbank Police Department.

A.    Permit Fee: Applicants for a permit hereunder shall pay a nonrefundable permit application fee as established by the City of Burbank Fee Resolution.

B.    Application for Permit; Contents: Any person desiring to obtain a permit to operate a tow operation shall make an application under penalty of perjury to the Community Development Department, which application shall be submitted in duplicate and shall contain the following information:

1.    If the applicant is a corporation or partnership, it shall designate one of its officers or general partners to act as its responsible managing officer, and such person shall complete and sign all application forms required by the Community Development Department.

2.    If the applicant is a partnership, there shall be submitted a copy of any partnership agreement, which shall be certified by the responsible managing officer.

3.    If the applicant is a limited partnership, there shall be submitted a copy of the limited partnership agreement, if any, and the certificate of limited partnership as filed with the County Clerk, which documents shall be certified by the responsible managing officer.

4.    If the applicant is a corporation, or a partner of any partnership is a corporation, then the name of the corporation shall be set forth exactly as shown in the Articles of Incorporation, together with any authorizations to issue or transfer stock, as well as proof that said corporation is in good standing and, if a foreign corporation, duly authorized to transact business in the State of California.

5.    The exact name, including any fictitious name, if applicable, under which the business is to be operated.

6.    A description of the service or services to be provided, the address of the proposed location, and the facilities thereof.

7.    A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant.

8.    A description of any other business located on the same premises as the tow operation.

9.    The names and residence addresses of all tow operators who are or will be employed, or acting as independent contractors, in the tow operation.

10.    The tow operation or similar business license history of the applicant; whether such person, in previously operating in this or another city or state, has had a business license or permit revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation.

11.    Every applicant for a permit, whether an individual or combination of individuals, and each partner or limited partner of an applicant, if a partnership applicant, and every officer, director, and each stockholder holding five percent (5%) or more of the stock of a corporate applicant, shall furnish the following information:

a.    The full name, date of birth, current residence address, business address, and telephone numbers.

b.    California driver’s license number or California identification number and social security number, if any.

c.    Any other names or aliases, including nicknames, used within five (5) years immediately prior to the date of filing the application.

d.    Each residence and business address for the five (5) years immediately prior to the date of filing the application and the inclusive dates of each such address.

e.    Written proof that each applicant is at least eighteen (18) years of age.

f.    Height, weight, sex, race, color of eyes and hair, photograph and finger- and thumbprints. Photographs shall be two inches by two inches (2" x 2") showing the head and shoulders in a clear manner and shall have been taken within sixty (60) days prior to filing of the application.

g.    The tow operation or similar business license or permit history of each individual, whether such individual, in previously operating in this or any other city or state, has had a business license or permit revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation.

h.    The name and address of any tow operation business or other establishment currently owned or operated by such individual wherein the business of tow operation is conducted.

i.    Any conviction, forfeiture of bond, or plea of nolo contendere upon any criminal violation or city ordinance violation (except minor traffic violations), within a five (5) year period, and, if so, the place and court in which such conviction, plea or forfeiture was heard, the specific charge, and the sentence imposed as a result thereof.

j.    The names, current addresses and written statements of at least two (2) property owners of Los Angeles County who will certify as to such individual’s good character or business responsibility; or, in lieu of such references, such other available evidence as to the good character or business responsibility of such individual as will enable the Chief of Police to properly evaluate such character or business responsibility;

k.    The name and address of the record owner and lessor of the real property upon or in which the tow operation is to be conducted, and a copy of the lease or rental agreement. If the applicant is not the legal owner of the property, the application must be accompanied by a notarized acknowledgment from the record owner of the property that a tow operation will be located on said property.

l.    Authorization for the City, its agents and employees, to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit.

m.    Such other identification and information as may be necessary to verify the truth of the matters hereinabove specified as required to be set forth in the application.

C.    Notification of Change: An applicant for a permit to operate or conduct a tow operation, or a holder of such a permit, shall report immediately to the Community Development Department any change in address of any person having a financial interest in such tow operation, or any transfer of financial interest therein.

D.    Permit Procedures:

1.    Subsequent to the filing of an application for a tow operation permit, the Community Development Department shall transmit the application to the Chief of Police for investigation and report as established by Section 3-6-206 of this code.

2.    The Community Development Department, concurrently with the referral of an application to the Chief of Police, shall also refer such application to the Fire Department, Building Department, and Community Development and Planning Department to investigate and ascertain within the scope, jurisdiction and duties of said departments, whether the premises to be used are suitable, proper and adequate, and comply with the law for the issuance of the permit.

3.    The investigating officers or representatives of said departments shall file with the Community Development Department their reports in writing, stating the extent of their investigation, particulars of any objection, and their recommendations.

4.    The Community Development Department, within fifteen (15) working days after receiving the above mentioned recommendations, shall in its discretion grant or refuse to grant the permit.

5.    In addition to grounds for refusal set forth in Section 3-6-603 of this code, no permit shall be granted:

a.    In violation of any provision of this code or the applicable laws of the State of California; or

b.    If it is found that the applicant, or any other person who will be directly or indirectly engaged in the ownership, management or operation of the tow operation:

(1)    Has knowingly made any false, misleading or fraudulent statement of facts in the permit application, or any other document required by the City in conjunction therewith; or

(2)    Is not eighteen (18) years of age or older; or

(3)    Has had a tow operation or other similar permit or license denied, revoked, or suspended by the City or any other State or local agency within five (5) years prior to the date of application.

6.    The Community Development Department shall issue the permit if granted. The permit shall be limited to the uses requested in the application and subject to such other restrictions, terms and conditions as the Community Development Department may prescribe. Permits may be granted conditionally in order to ensure compliance with the provisions of this article. [Added by Ord. No. 3405, eff. 7/29/95; Amended by Ord. No. 3828, eff. 8/24/12.]

3-4-504: ANNUAL RENEWAL APPLICATION:

A.    Every license issued under this article shall expire on June 30 of each year.

1.    A license may be renewed for one year on written application to the Community Development Department made on or before July 1 of each year, accompanied by the required license renewal fee as established by the City of Burbank Fee Resolution; provided, however, that said renewal application shall not be made prior to May 15 of said year.

2.    An applicant for renewal of a tow operation license shall update, under penalty of perjury, all information set forth on original application for permit. [Added by Ord. No. 3405, eff. 7/29/95; Amended by Ord. No. 3828, eff. 8/24/12.]

3-4-505: NEW APPLICATION AFTER DENIAL OR REVOCATION OF LICENSE OR PERMIT:

No person may apply for any license or permit authorized by this article within one year from any denial or revocation of such permit unless the cause of the denial or revocation has, to the police, been removed within such time. [Added by Ord. No. 3405, eff. 7/29/95.]

3-4-506: BUSINESS LOCATION:

A.    Storage Yard Regulations: Any person conducting a tow operation permitted under this article shall maintain a physical location within the city boundaries of Burbank from which said business is conducted. Such physical location shall provide an office with an adjacent storage area, which has a minimum of ten thousand (10,000) square feet for vehicle storage. Such location shall be approved by the City prior to the permit being issued and must comply with the following requirements:

1.    City of Burbank zoning regulations;

2.    Entirely surfaced with either concrete or asphaltic material;

3.    Free of holes or areas that are decomposed or broken;

4.    Shall at all times be maintained clean and free of litter, debris, or weeds;

5.    Sufficiently lighted to afford easy visibility to all areas of the lot, yet lighted in such a manner so as not to disturb the neighbors;

6.    Lighting of lots shall be adequate to ensure minimal security and permittee shall provide security to preclude theft or damage to stored vehicles;

7.    Sufficient to afford ready and easy access to all vehicles;

8.    Storage of vehicles shall be kept in an enclosed, secured area, except when under direct supervision. At no time shall such vehicles be parked or stored or left standing on any public street or alley. All vehicles shall be systematically parked and sufficiently separated to preclude the probability of damage. Undamaged (high value) vehicles shall be segregated from wrecks or junks.

9.    Outdoor areas used for storage shall be enclosed with a solid wall, wrought iron, or chainlink fence at least six feet (6') in height, having a gate or door of adequate width and equivalent height. Such gate or door shall remain closed except for ingress and egress, so as to preclude viewing by the general public of stored vehicles. The bottom edge of any such fence or wall, including all gates or doors, shall not be more than two inches (2") above the finished parking surface of the enclosed area. All wall or fence enclosures shall comply with this Code and other applicable laws and regulations and shall be maintained in a clean condition, including, but not limited to, free from all graffiti.

10.    Any repairs to vehicles must be made within the storage area in a completely enclosed building.

B.    Exceptions to Storage Yard Regulations:

1.    Tow operations which at no time store any towed vehicle. For the purpose of this exception, “store” shall mean keeping any vehicle for any period of time on any property owned or leased by the tow operation.

2.    An automobile repair garage or body shop which provides a towing service as an ancillary service to the repair of vehicles. [Added by Ord. No. 3405, eff. 7/29/95.]

3-4-507: NO EFFECT ON ZONING LAW:

The payment of license and permit fees hereunder shall be independent of any processing of an application for a conditional use permit or other zoning matters relating to the location of a tow operation within the City. [Added by Ord. No. 3405, eff. 7/29/95.]

3-4-508: ADDITIONAL REQUIREMENTS:

A.    Responsibility for Vehicles and Personal Property: Permittee shall be responsible for vehicles and accessories while in their possession. They shall also be responsible for personal property left in the vehicle at the time possession of that vehicle is taken.

B.    Compliance With Statutes and Ordinances: Permittee shall comply with all State and local ordinances, and shall make all reports required by the Vehicle Code of the State of California.

C.    Off Street Parking: Permittee shall at all times provide sufficient off street parking space for employees, customers, the parking and storage of vehicles, and other equipment used in the performance of their duties.

D.    Clean Scene of Accident: Permittee will clean the scene of any accident that they have responded to. This includes all glass, and vehicle debris in the roadway. [Added by Ord. No. 3405, eff. 7/29/95.]

3-4-509: CHANGE OF LOCATION:

A change of location will require the processing of a new application and investigation of the permittee. Additional permit and license fees shall be required as provided in the Burbank Fee Resolution. [Added by Ord. No. 3405, eff. 7/29/95.]

3-4-510: TOWING AUTHORIZATION:

Except as provided for in Vehicle Code Section 22658, a permittee shall not attach a vehicle to a tow unit without first receiving written or verbal authorization to do so by the registered owner, legal owner, driver, or other person in control of said vehicle, or at the direction of a police officer. If in writing, such authorization shall list the services offered and the rates and charges required therefor and a copy of such authorization shall be furnished to the person authorizing the tow. Such copy shall list the name, address and telephone number of the tow operation business and the days and hours the business is open for release of vehicles. Such copy shall also be signed by the tow unit operator performing the authorized service. [Added by Ord. No. 3405, eff. 7/29/95.]

3-4-511: ITEMIZED STATEMENT; WHEN REQUIRED:

A permittee shall hereunder furnish an itemized statement to the person authorizing the towing service, or their agent. Such permittee shall furnish an itemized statement of services performed, labor and special equipment used in completing tow of vehicle and of the charges made therefor upon the request of:

A.    The registered owner; or

B.    The legal owner; or

C.    The insurance carrier of either subsection A or B of this section; or

D.    The duly authorized agent of subsection A, B, or C of this section.

Such permittee shall furnish a copy of the statement to any person authorized to receive the statement without demanding payment as a condition precedent. [Added by Ord. No. 3405, eff. 7/29/95.]

3-4-512: PLACES VEHICLES SHALL BE TOWED:

Any vehicle towed shall be taken to such place as the owner or driver of the vehicle shall direct. If the owner or driver declines to specify a destination, or is not at the scene of removal, permittee shall tow the vehicle to permittee’s storage lot in the City of Burbank. In no case shall permittee use coercion or pressure of any kind upon the owner or driver of a vehicle to have the vehicle towed to permittee’s own storage yard, garage, body shop or other place of business. [Added by Ord. No. 3405, eff. 7/29/95.]

3-4-513: VEHICLE REPAIR OR ALTERATION; WHEN PERMITTED:

A permittee hereunder shall refrain from making any repairs or alterations to a vehicle without first being authorized by one of the persons listed in Section 3-4-510 of this article. Parts or accessories shall not be removed from vehicles without authorization except as necessary for security purposes. Under such circumstances, the parts or accessories removed shall be listed on the itemized statement and stored in the business office. This section shall not be construed to prohibit permittees from making emergency alterations necessary to permit the removal by towing of such vehicle. [Added by Ord. No. 3405, eff. 7/29/95.]

3-4-514: DISCIPLINARY ACTION:

The following acts committed by a permittee, their agents or employees hereunder shall be grounds for disciplinary action, revocation, suspension or denial of a permit as outlined by Section 3-6-603 of this code.

A.    Obtained a tow contract by use of fraud, trick, dishonesty or forgery; or

B.    Stopped on any street, highway or other public thoroughfare to render assistance to a person or disabled vehicle without first being requested to do so (except as a part of a contracted freeway service patrol); or

C.    Towed a vehicle to a location other than listed as the business address of such permittee without first receiving authorization to do so by the person authorizing the tow; or

D.    After towing a vehicle to the business location of permittee, without authorization, towed such vehicle to another location for storage; or

E.    Have conspired with any person to defraud any owner of any vehicle or any insurance company, or any other person financially interested in the cost of the towing or storage of any vehicle, by making false or deceptive statements relating to the towing or storage of any vehicle; or

F.    Removed a vehicle involved in a collision prior to arrival by police, and; a person, as a result of such collision, suffered death or injury, or the driver of an involved vehicle, or a party to such collision, was under the influence of an intoxicant of any nature, or there is evidence that such vehicle was involved in a hit and run collision; or

G.    Have charged for services not performed, equipment not employed or used, services or equipment not needed, or have otherwise materially misstated the nature of any service performed or equipment used.

H.    Remove any vehicle from any property within the City in which the permittee, their agents or employees own, wholly or in part, or have any interest through family or business for the purpose of charging towing and/or storage fees in regard to parking issues.

I.    Any other violation of this code, the “Rules Governing Tow Operations And Tow Operators”, the California Vehicle Code, the California Penal Code, or the California Civil Code. [Added by Ord. No. 3405, eff. 7/29/95.]

3-4-515: VIOLATION AND PENALTY:

Violation of this regulation or its rules is a misdemeanor and is punishable as provided for in this code. Revocation of a license or permit shall not be a defense against prosecution. [Added by Ord. No. 3405, eff. 7/29/95.]

3-4-516: INSURANCE REQUIREMENTS:

A.    Insurance Required: Before an application for a permit to operate a tow operation will be received or acted upon, the applicant must file with the Community Development Department satisfactory evidence of general liability and automobile insurance written by an insurance company admitted to do business in the State. If the applicant is unable to obtain insurance from a company admitted to do business in the State, then any other insurance policy must be written by an insurance company with a minimum A+ rating.

B.    Insurance Coverage; Minimum Required: Applicants are required to have minimum coverage as follows:

1.    Bodily injury: One million dollars ($1,000,000.00) for the injury or death of any or more persons in any one accident.

2.    Property damage: Three hundred thousand dollars ($300,000.00) each accident.

3.    On-hook liability: Tow trucks up to fourteen thousand (14,000) pounds GVW, fifty thousand dollars ($50,000.00). Tow trucks over nineteen thousand five hundred one (19,501) pounds GVW, seventy five thousand dollars ($75,000.00). Tow truck over thirty thousand (30,000) pounds GVW, one hundred thousand dollars ($100,000.00).

4.    Garage liability and garage keepers liability in the amounts noted in subsections B1 and B2 of this section.

5.    Workers’ Compensation Insurance in the legal minimum amounts.

6.    In addition, the policy shall include insurance for fire, theft, and explosion, in the minimum amount of three hundred thousand dollars ($300,000.00) with each occurrence deemed a separate claim. [Added by Ord. No. 3405, eff. 7/29/95; Amended by Ord. No. 3828, eff. 8/24/12.]

3-4-517: NAME OF TOW OPERATION:

The Community Development Department with the approval of the Police Department shall have the right to disallow any tow operation name it feels is inappropriate and conflicts with the City’s image, and may be reviewed annually by the City. [Added by Ord. No. 3405, eff. 7/29/95; Amended by Ord. No. 3828, eff. 8/24/12.]

3-4-518: HOURS OF OPERATION AND RELEASE OF VEHICLES:

A.    Normal Hours: Permittees shall provide for release of vehicles Monday through Friday from seven o’clock (7:00) A.M. to six o’clock (6:00) P.M., excluding officially recognized holidays. Permittees may additionally release vehicles on other days and hours at the direction of the Police Department. Upon the application to the Community Development Department and showing of hardship by the permittee, the Community Development Department upon approval of the Burbank Police Department may permit an adjustment in the days and hours during which vehicles are to be released.

B.    Special Hours for Private Impounds: Permittees who remove vehicles from private property pursuant to Vehicle Code Section 22658 shall verify that the person who has requested removal of the vehicle has notified the Burbank Police Department prior to removing the vehicle from the private property. After removing any vehicle from private property pursuant to Vehicle Code Section 22658, permittees’ storage yard shall remain open until such time as the vehicle is claimed or shall open the storage yard within one-half (1/2) hour after a telephonic request to claim the vehicle has been made. [Added by Ord. No. 3405; Amended by Ord. No. 3828, eff. 8/24/12; 3412.]

3-4-519: RATES AND CHARGES; CHANGE OF SIGNS:

A.    Sign Requirements: Permittees shall maintain a sign listing the rules and charges of all services offered. Such sign shall be conspicuously placed in the office or other place where customer financial transactions take place. The letters on such sign shall be a minimum of one inch (1") high with one-quarter inch (1/4") stroke. The letters shall be a contrasting color from the background.

B.    Rate Schedule: Applicants for tow operation permits shall file a schedule of rates and charges for each service offered with their application. No charge other than the rates and charges specified in such schedule shall be made except as herein provided. Changes in rates and charges shall be made by written notice containing the new schedule of rates and charges to the City at least ten (10) days prior to becoming effective. A duplicate copy of such notice shall be posted for a period of ten (10) days in the office next to the posted schedule of existing rates and charges. Upon the expiration of the ten (10) day period, the rates and charges shall be changed in accordance with such notice.

C.    Revision of Rate Schedule: The Community Development Department, with the approval of the Police Department, may, upon a showing of hardship, permit a revision of the rate and charge schedule within the ten (10) day prior notice required in subsection B of this section. [Added by Ord. No. 3405, eff. 7/29/95; Amended by Ord. No. 3828, eff. 8/24/12.]

3-4-520: TOW UNIT OPERATOR; UNIFORM AND IDENTIFICATION:

A tow unit operator shall wear a name tag attached to their uniform on the outer most shirt or jacket. The uniform shall be as approved by the Burbank Police Department. The first initial of the operator’s first name and the operator’s full last name shall be sewn above the left chest pocket so that it shall be clearly visible with the collar open. The letters shall not exceed one-half inch (1/2"). A detachable metal nameplate may be worn in place of the embroidered name. The uniform shall also have in a conspicuous place the name of the tow operation which employs the tow operator. Tow unit operators shall identify themselves by giving their full, correct name to any patron of the tow operation upon request. [Added by Ord. No. 3405, eff. 7/29/95.]

3-4-521: TOW UNIT; IDENTIFICATION:

A tow unit shall have markings as those required by the California Vehicle Code. [Added by Ord. No. 3405, eff. 7/29/95.]

3-4-522: INSPECTION:

The tow operation, by obtaining a permit under this code, shall agree to allow the City to inspect the following as the City feels necessary but not less than once a year.

A.    All tow units registered to the tow operation, and all other tow units which may be used in the tow operation in the City of Burbank.

B.    All tow unit operators will be checked for uniform compliance and for drivers license validity including proper classifications and current medical certificates as necessary for the type of tow unit they operate.

C.    Storage yard, as defined in Section 3-4-506 of this article. [Added by Ord. No. 3405, eff. 7/29/95.]

3-4-523: TOW UNIT OPERATOR LICENSE FEE:

Every individual employed or engaged in the business as a tow unit operator shall pay an annual prorated license fee as established by the City of Burbank Fee Resolution. [Added by Ord. No. 3405, eff. 7/29/95.]

3-4-524: TOW UNIT OPERATOR PERMIT REQUIRED:

A.    No person shall operate or drive a tow unit nor shall any person be employed as a tow unit operator until such time as said person has applied and received a written permit issued by the Community Development Department to act as a tow unit operator except that any person employed as a tow unit operator may operate a tow unit without a permit while under the immediate and direct supervision of a permitted tow unit operator for a period of not to exceed seven (7) consecutive calendar days from the initial date of employment.

B.    In addition to or in lieu of a City issued permit, a temporary permit not to exceed forty five (45) days may be issued to an applicant by the City provided the following conditions are met:

1.    An application for permit is on file at the Community Development Department and all permit fees have been paid; and

2.    A preliminary investigation by the City does not reveal information which would normally constitute grounds for denial and;

3.    The applicant possesses a valid California Driver’s License with the proper classification for the type of towing service to be performed and towing unit to be driven.

C.    The Community Development Department may summarily suspend such temporary permit at any time if it has reason to believe that any of the above conditions have not been met. The Community Development Department shall notify the applicant in writing of the reasons for any such suspension, and the application for a permanent permit shall continue to be processed according to provisions of this code and any applicable rules and regulations of the City. Suspension of a temporary permit may be appealed to the Chief of Police and the Director of Community Development or their designees. The decision regarding the suspension of a temporary permit shall be final. If the permanent permit is denied, the applicant shall appeal any denial to the Permit Appeals Board pursuant to the provisions of Title 2, Chapter 1, Article 15 of this code. [Added by Ord. No. 3405, eff. 7/29/95; Amended by Ord. No. 3828, eff. 8/24/12.]

3-4-525: TOW UNIT OPERATOR PERMIT FEE:

Applicants for a permit hereunder shall pay a nonrefundable permit application fee as established by the City of Burbank Fee Resolution. [Added by Ord. No. 3405, eff. 7/29/95.]

3-4-526: APPLICATION FOR TOW UNIT OPERATOR PERMIT; CONTENTS:

Any individual desiring to obtain a tow unit operator permit shall make an application under penalty of perjury to the Community Development Department, which application shall be submitted in duplicate and shall contain the following information:

A.    The full name, date of birth, current residence and business address, and telephone numbers.

B.    California driver’s license number and social security number.

C.    Any other names or aliases, including nicknames, used within five (5) years immediately prior to the date of filing the application.

D.    Each residence and business address for the five (5) years immediately prior to the date of filing the application, and the inclusive dates of each such address.

E.    Written proof that the applicant is at least eighteen (18) years of age.

F.    Height, weight, sex, color of eyes and hair, photograph and finger- and thumbprints. Photographs shall be two inches by two inches (2" x 2") showing the head and shoulders in a clear manner and shall have been taken within sixty (60) days prior to the filing of the application.

G.    The tow unit operator or similar business license or permit history of the applicant; whether such applicant, in previously operating in this or any other city or state, has had a business license or permit revoked or suspended.

H.    The business, occupation and employment history of the applicant for the five (5) years immediately preceding the date of the application and the address of each and every location where such business, occupation and employment was engaged in or performed.

I.    Any conviction, forfeiture of bond, or plea of nolo contendere upon any criminal violation or city ordinance violation (including any traffic violations), within a five (5) year period, and, if so, the place and court in which such conviction, plea or forfeiture was heard, the specific charge, and the sentence imposed as a result thereof.

J.    Such other identification and information necessary to discover the truth of matters hereinafter specified as required to be set forth in the application.

K.    Authorization for the City, its agents and employees, to seek information and conduct an investigation into the truth of the statements set forth in the application and qualifications of the applicant for the permit. [Added by Ord. No. 3405, eff. 7/29/95; Amended by Ord. No. 3828, eff. 8/24/12.]

3-4-527: PERMIT PROCEDURES:

A.    Subsequent to the filing of an application for a tow unit operator permit, the Community Development Department shall transmit the application to the Chief of Police for investigation and report as established by Section 3-6-206 of this title.

B.    The investigating officers or representatives of said departments shall file with the Community Development Department their reports in writing, stating the extent of their investigation, particulars of any objections, and their recommendations.

C.    In addition to grounds for refusal set forth in Section 3-6-603 of this title, no permit shall be granted:

1.    In violation of any provision of this code or the laws of the State of California; or

2.    If the applicant has knowingly made any false, misleading or fraudulent statement of facts in the permit application, or any other document required by the City in conjunction therewith; or

3.    Has had a tow unit operator or other similar permit or license denied, revoked, or suspended by the City or any other State or local agency within five (5) years prior to the date of application; or

4.    Has been convicted of or has entered a plea of guilty or nolo contendere to a felony; or

5.    Has a Department of Motor Vehicle driving record which shows a history of poor driving habits.

D.    Within thirty (30) days after receipt of the report of the Chief of Police, the Community Development Department shall in its discretion grant or refuse to grant the permit. The Community Development Department shall issue the permit if granted. The permit shall be personal to the applicant and nontransferable and shall be limited to the uses requested in the application and subject to such restrictions, terms and conditions as the Community Development Department may prescribe. Permits may be granted conditionally in order to ensure compliance with the provisions of this article. [Added by Ord. No. 3405, eff. 7/29/95; Amended by Ord. No. 3828, eff. 8/24/12.]

3-4-528: ANNUAL RENEWAL APPLICATION:

Every license issued under this article shall expire on June 30 of each year.

A.    Renewal of License: A license may be renewed for one year on written application to the Community Development Department made on or before July 1 of each year, accompanied by the required renewal fee; provided, however, that said renewal application shall not be made prior to May 15 of said year.

B.    Update of Information: An applicant for renewal of a tow unit operator license shall update, under penalty of perjury, all information set forth on original application for the license.

C.    License Fee: The annual license renewal fee shall be as established by the City of Burbank Fee Resolution. [Added by Ord. No. 3405, eff. 7/29/95; Amended by Ord. No. 3828, eff. 8/24/12.]

3-4-529: VIOLATION AND PENALTY:

Violation of these regulations or its rules is a misdemeanor and is punishable as provided for in this code. Revocation of a license or permit shall not be a defense against prosecution. [Added by Ord. No. 3405, eff. 7/29/95.]

3-4-530: NEW APPLICATION AFTER DENIAL OR REVOCATION OF PERMIT:

No person may apply for any permit authorized by this article within one year from any denial or revocation of such permit unless the cause of the denial or revocation has, to the satisfaction of the Police Department, been removed within such time. [Added by Ord. No. 3405, eff. 7/29/95.]

3-4-531: IDENTIFICATION CARD:

Every person possessing either a temporary or permanent permit to act as a tow unit operator shall at all times while directly engaged in the operation of a tow unit carry upon their person an identification card issued by the Community Development Department identifying the bearer as a tow unit operator and shall display such card to any peace officer upon request. The identification card shall bear the name, physical description, business address, and photograph of the permittee and the name and address of the business employing the permittee.

The identification card shall be returned to the Community Development Department immediately upon suspension, revocation or termination of employment. [Added by Ord. No. 3405, eff. 7/29/95; Amended by Ord. No. 3828, eff. 8/24/12.]

3-4-532: CONSUMPTION OF ALCOHOL:

A.    Use of Alcohol By Tow Unit Operator: A tow unit operator shall not consume any alcoholic beverage within eight (8) hours of the start of a shift, during a shift, nor if on “standby/on call status”. An odor of alcohol on the operator’s breath shall be sufficient grounds for summary suspension of the tow unit operator permit by either the Police Department or Community Development Department. The tow unit operator shall submit to a preliminary alcohol screening test upon demand of any law enforcement officer. Failure to submit to the preliminary alcohol test shall be grounds for summary suspension of the tow unit operator permit by either the Police Department or Community Development Department.

B.    Summary Suspension of Permit: Summary suspension of a tow operator’s permit shall occur immediately. A member of the Police Department or Community Development Department shall take possession of the tow unit operator permit. The operator shall appeal any summary suspension of the permit to the Permit Appeals Board as established by the provisions of Title 2, Chapter 1, Article 15 of this code. Failure to appeal any summary suspension of a permit as provided in this section within thirty (30) days of the suspension shall result in the revocation of the permit.

C.    Grounds for Suspension or Revocation of Tow Operation Permit: Allowing a tow unit operator to operate a tow truck in violation of subsection A of this section shall be grounds for suspension or revocation of the tow operation permit. The tow operation permit shall be suspended or revoked upon the third conviction of the same tow unit operator for a violation of subsection A of this section if the three (3) convictions have occurred while the tow unit operator has been employed by the same tow operation. The permittee shall appeal any suspension or revocation of the permit to the Permit Appeals Board as established by the provisions of Title 2, Chapter 1, Article 15 of this code. [Added by Ord. No. 3405, eff. 7/29/95; Amended by Ord. No. 3828, eff. 8/24/12.]

3-4-533: VIOLATION AND PENALTY:

Violation of the provisions of this article or any rules or regulations enacted pursuant to this article is a misdemeanor and is punishable as provided for in this code. Revocation of a license or permit shall not be a defense against prosecution. [Added by Ord. No. 3405, eff. 7/29/95.]

ARTICLE 6. DELIVERY PERSON

3-4-601: ICE DELIVERY:

Every person engaging in the business of delivery of ice by vehicle shall pay an annual license fee in the amount set forth in the Burbank Fee Resolution for each vehicle used in such business. [Formerly numbered Section 8-45; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03.]

3-4-602: MILK DELIVERY:

A.    License Fee And Application Fee: Every person engaging in the business of delivering milk to customers over an established route by means of a vehicle or other conveyance shall pay an annual license fee in the amount set forth in the Burbank Fee Resolution for each vehicle or conveyance used in such business; applicants for such license shall also pay an application fee in the amount set forth in the Burbank Fee Resolution.

B.    Application Must Be Approved By Health Officer: Applications for such license shall be referred to the Health Officer for approval. [Formerly numbered Section 8-46; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03.]

3-4-603: OIL AND TANK WAGON DELIVERY:

Every person engaging in the business of selling or delivering gasoline, kerosene, benzine, engine distillate, stove distillate, furnace distillate, or any other petroleum products by means of tank wagon, tank truck or any other vehicle shall pay an annual license fee in the amount set forth in the Burbank Fee Resolution for each vehicle used in such business. [Formerly numbered Section 8-47; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03.]

3-4-604: WATER DISTRIBUTOR:

Every person engaging in the business of driving or operating any motor vehicle used for the transportation of water at points within or without the City shall pay an annual license fee in the amount set forth in the Burbank Fee Resolution for each vehicle used in such business. [Formerly numbered Section 8-48; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03.]

3-4-605: FOOD DELIVERY NOT LICENSED ELSEWHERE:

Every person delivering any food product to an established dealer or place of business in the City for which a license fee is not elsewhere prescribed in this code, shall pay an annual license fee for each vehicle so used in the amount set forth in the Burbank Fee Resolution. This section is not intended to apply to deliveries made from cottage food operations as defined in BMC 10-1-203. [Amended by Ord. No. 3841, eff. 6/14/13; Formerly numbered Section 8-49; renumbered by Ord. No. 3058, eff. 2/21/87; 3623.]

ARTICLE 7. RESERVED

ARTICLE 8. MARKETS

3-4-801: OPEN AIR MARKET:

A.    License Fee And Application Fee: Every person engaging in the business of operating an open air market not enclosed within a building or other structure shall pay an annual license fee in the amount set forth in the Burbank Fee Resolution; applicants for such license shall also pay an application fee in the amount set forth in the Burbank Fee Resolution.

B.    Application Must Be Approved By Health Officer: Applications for such license shall be referred to the Health Officer for approval. [Formerly numbered Section 8-63; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03.]

ARTICLE 9. RESERVED

Article 10. SECONDHAND DEALERS, PAWNBROKERS AND JUNK DEALERS

3-4-1001: DEFINITIONS:

JUNK: Any and all secondhand and used machinery and all ferrous and nonferrous scrap metals and alloys, including any and all secondhand and used furniture, pallets, or other personal property, other than livestock, or parts or portions thereof.

As used in this Article, "scrap metals and alloys" include, but is not limited to, materials and equipment commonly used in construction, agricultural operations and electrical power generation, railroad equipment, oil well rigs, nonferrous materials, stainless steel, and nickel which are offered for sale to any junk dealer or recycler, but does not include scrap iron, household generated waste, or aluminum beverage containers, as defined in Chapter 2 of Division 12.1 of the California Public Resources Code.

JUNK COLLECTOR: A person not having a fixed place of business in the City, but who, personally or by representative, gathers, collects, buys, sells, or otherwise deals in scrap metals, salvage metals and any old rags, sacks, bottles, cans, papers, metals, or other articles commonly known as "junk", including motor vehicle or bicycle parts and old motor vehicles or bicycles which are collected, bought, sold or otherwise dealt in after being dismantled or taken apart.

JUNK DEALER: Includes any person engaged in the business of buying, selling and dealing in junk, any person purchasing, gathering, collecting, soliciting or traveling about from place to place procuring junk, and any person operating, carrying on, conducting or maintaining a junkyard or place where junk is gathered together and stored or kept for shipment, sale or transfer.

JUNKYARD: Includes any yard, plot, space, enclosure, building or any other place where junk is collected, stored, gathered together and kept.

PAWN SHOP: Any room, store, or place in which a person engages in the business of pawnbroker.

PAWNBROKER: Every person engaged in the business of receiving goods, including motor vehicles, in pledge as security for a loan is a pawnbroker within the meaning of this Article. Receiving goods as security for a loan does not include a good faith purchase of goods.

SECONDHAND DEALER: Means and includes any of the following:

Any person, co-partnership, firm, or corporation whose principal business is primarily that of engaging in buying, selling, trading, taking in pawn, accepting for sale on 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 pursuant to Article 4, Section 21626 of the California Business and Professions Code.

TANGIBLE PERSONAL PROPERTY: Includes, but is not limited to, the following:

A.    All secondhand tangible personal property which bears a serial number or personalized initials or inscription or which, at the time it is acquired by the secondhand dealer, bears evidence of having had a serial number or personalized initials or inscription.

B.    All tangible personal property, new or used, received in pledge as security for a loan by a pawnbroker or a secondhand dealer acting as a pawnbroker.

C.    All tangible personal property that bears a serial number or personalized initials or inscription which is purchased by a secondhand dealer or a pawnbroker or which at the time of such purchase, bears evidence of having had a serial number or personalized initials or inscription.

D.    All personal property commonly sold by secondhand dealers which statistically is found through crime reports to the State Attorney General to constitute a significant class of stolen goods. Any list of such personal property supplied by the State Attorney General to the Police Department shall be made available to the public.

Tangible personal property does not include any new goods or merchandise purchased from a bona fide manufacturer or distributor or wholesaler of such new goods or merchandise by a secondhand dealer. For the purposes of this Article, however, a secondhand dealer shall retain for one year from the date of purchase, and shall make available for inspection by any law enforcement officer, any receipt, invoice, bill of sale or other evidence of purchase of such new goods or merchandise.

Tangible personal property does not include coins, monetized bullion, or commercial grade ingots of gold, silver, or other precious metals. [Formerly numbered Section 8-66; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 15-3,859, eff. 2/6/15; 2828, 2181.]

3-4-1002: LICENSE FEES:

Every person engaging in the business of pawnbroker, secondhand dealer, junk dealer or junk collector, shall pay an annual license fee in the amount set forth in the Burbank Fee Resolution. [Formerly numbered Section 8-67; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 15-3,859, eff. 2/6/15; 3623; 2828.]

3-4-1003: PERMIT AND FEES:

No person shall engage in the business of a pawnbroker, secondhand dealer, junk dealer or junk collector without first obtaining a permit to do so from the Community Development Department and paying a permit fee in the amount set forth in the Burbank Fee Resolution. [Formerly numbered Section 8-68; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 15-3,859, eff. 2/6/15; 3828; 3623, 2828.]

3-4-1004: APPROVAL OF APPLICATION:

A.    Applications for all licenses and permits required by this Article shall be referred to the Chief of Police by the Community Development Department. Upon completion of an investigation, the Chief of Police shall grant a license and/or permit allowing the licensee/permittee to engage in the business of secondhand dealer, pawnbroker, junk dealer or junk collector unless:

1.    The applicant has knowingly made a false or misleading statement of a material fact or omission of a material fact in the application; or

2.    The applicant is under eighteen years of age, unless the particular business or occupation has a different age requirement pursuant to state or federal law, in which case the state or federal law controls the age requirement; or

3.    The applicant has had a similar type of license and/or permit previously denied, suspended for a total of six months, or revoked, within five years immediately preceding the date of the filing of the application, and the applicant can show no material changes in circumstances since such denial, suspension, or revocation; or

4.    The applicant has refused to consent to inspection pursuant to Section 3-4-1006 of this Code; or

5.    The applicant is within any of the following categories:

a.    Within five years immediately preceding the date of application, the applicant has been convicted of a felony crime in any jurisdiction involving the following offenses: theft, fraud, violence, sale of a controlled substance as specified in Sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code, or any moral turpitude offense;

b.    Within three years immediately preceding the date of application, the applicant has been convicted of any offense listed in Section 3-4-1004 (5) (a) that has been made the subject of Section 17(b) of the California Penal Code;

c.    Within five years immediately preceding the date of application, the applicant has been convicted of any offense involving deceptive trade practices or other illegal business practices reasonably and narrowly related to the nature of conduct of the business for which the application is made;

d.    Within five years immediately preceding the date of the application, the applicant has been convicted of any offense involving theft or fraud, including the receipt of stolen property, or any financial crime including money laundering and embezzlement.

6.    The applicant has failed to provide proof of any application requirement as set forth in this Code regulating the business or occupation.

B.    No person shall be denied a license and/or permit solely on the grounds that they violated any provision contained in Article 4 (commencing with Section 21625) or Article 5 (commencing with Section 21650) of the California Business and Professions Code, or any provision contained in Chapter 2 (commencing with Section 21200) of Division 8 of the California Financial Code, or any duplicative provision of this Code to the state statutes listed above, unless the violation demonstrates a pattern of conduct. This prohibition, however, does not extend to violations of any licensing/permitting regulations of this Code that do not duplicate provisions of an applicable state regulatory statute.

C.    Prior to the granting of a license and/or permit for secondhand dealers, the Chief of Police shall submit the application to the California Department of Justice. If the Department of Justice does not comment on the application within thirty (30) days thereafter, the Chief of Police may grant the applicant a license and/or permit. All forms for application and licensure, and license and/or permit renewal, shall be prescribed and provided by the California Department of Justice.

D.    The granting of a license and/or permit does not relieve a licensee/permittee from their obligation to comply with all applicable local, state, and federal laws, including those related to building, zoning, and fire, and other public safety regulations. [Formerly numbered Section 8-69; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 15-3,859, eff. 2/6/15; 3828; 2828.]

3-4-1005: RECORDS:

Every pawnbroker, secondhand dealer, junk dealer and/or junk collector shall keep a complete record in accordance with state law of any and all articles acquired by purchase, pledge, or otherwise received, sold or disposed of. Such record shall contain all of the information required to be shown by California Business and Professions Code Section 21628 and Section 3-4-1007A of this Code. [Formerly numbered Section 8-70; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 15-3,859, eff. 2/6/15; 2828.]

3-4-1006: INSPECTION:

All businesses governed by this Article shall be open at all times during normal operating hours to the inspection of the Chief of Police or any other peace officer. It shall be unlawful for any licensee/permittee or employee to prevent or hinder any peace officer from conducting an inspection. The right of reasonable inspection to enforce the provisions of this Article is a condition of the issuance of a permit. The applicant or licensee/permittee shall acknowledge this right of inspection at the time of application. Refusal to acknowledge this right of inspection is grounds for denial of the application. The right of inspection includes the right to require identification from responsible persons or employees on the premises. The refusal to allow inspection upon reasonable demand or the refusal to show identification by responsible persons or employees is grounds for the suspension, revocation, or other regulatory action against the permit. [Formerly numbered Section 8-71; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 15-3,859, eff. 2/6/15; 2828.]

3-4-1007: REPORTS:

A.    Except as provided in Section 3-4-1008 of this Code, every pawnbroker, secondhand dealer, junk dealer and junk collector shall report daily, or on the first working day after receipt or purchase of secondhand tangible personal property, on forms or through an electronic reporting system approved by the California Department of Justice, all secondhand tangible personal property, except for firearms, which they have purchased, taken in trade, taken in pawn, accepted for sale on consignment, or accepted for auctioning, to the Chief of Police. The report shall be legible, prepared in English, completed where applicable, and include, but not be limited to, the following information:

1.    The name, identification, and current address of the intended seller or pledger of the property.

2.    A complete and reasonably accurate description of such property, including serial numbers or other identifying marks or symbols.

3.    A certification by the intended seller or pledger that to their knowledge and belief the information is true and complete.

4.    A certification by the intended seller or pledger that they are the owner of the property or has the authority of the owner to sell or pledge the property.

B.    The Chief of Police shall daily submit the original report to the California Department of Justice. [Formerly numbered Section 8-72; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 15-3,859, eff. 2/6/15; 2828, 2181.]

3-4-1008: EXCEPTIONS:

The provisions of this article shall not apply to any tangible personal property which has been:

A.    Acquired from another secondhand dealer; provided the secondhand dealer selling or trading the tangible personal property states in writing under penalty of perjury, along with a description of the property, on an interdealer transfer form or an itemized bill of sale that the report or reports required by this Article have been properly made and submitted by that dealer. A copy of the form or the itemized bill of sale shall be delivered to the acquiring dealer at the time the transaction occurs. Interdealer transfer forms shall be provided at actual cost by the California Department of Justice.

The dealers involved in the transaction shall retain their copy of the interdealer transfer form or itemized bill of sale for a period of three (3) years as a matter of record, and shall make them available for inspection by any law enforcement officer.

B.    Acquired in a nonjudicial sale, transfer, assignment, assignment for the benefit of creditors, or consignment of the assets or stock in trade, in bulk, or a substantial part thereof, of an industrial or commercial enterprise for purposes of voluntary dissolution or liquidation of the seller’s business, or for the purpose of disposing of an excessive quantity of personal property; or which has been acquired in a nonjudicial sale or transfer from an owner of their entire household of personal property, or a substantial part thereof; provided, the secondhand dealer retains in their place of business for a period of three (3) years a copy of the bill of sale, receipt, inventory list, or other transfer document as a matter of record which shall be made available for inspection by any law enforcement officer; and provided further, that the secondhand dealer notifies the Chief of Police that exemption from reporting is being claimed under this subsection. "Industrial or commercial enterprise" and "owner" as used in this subsection do not include a secondhand dealer.

C.    Acquired in a sale made by any public officer in their official capacity, trustee in bankruptcy, executor, administrator, receiver, or public official acting under judicial process or authority, or which has been acquired in a sale made upon the execution of, or by virtue of, any process issued by a court, or under the provisions of Division 7 (commencing with Section 7101) of the State Commercial Code.

D.    Acquired as the surplus property of the United States government or of a state, city, county, city and county, municipal corporation, or public district and which after requisition or acquisition by the United States government or by a state, city, county, city and county, municipal corporation, or public district has never thereafter been sold at retail.

E.    Reported by a secondhand dealer as an acquisition or a purchase, or which has been reported as destroyed or otherwise disposed of: 1) to a State agency by the authority of any other law of this State; or 2) to a city, county, or city and county officer or agency by the authority of any other law of this State or a city, county, or city and county ordinance.

F.    Acquired by persons, firms, partnerships, or corporations who buy, sell, or trade precious metals, whether in the form of coins or commercial grade ingots, who: (1) are designated contract markets by or registered with the Commodity Futures Trading Commission under the Federal Commodities Exchange Act and acting pursuant thereto; or (2) infrequently conduct their business directly with members of the general public. As used in this subdivision, "infrequently" means occasional and without regularity. [Formerly numbered Section 8-73; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 15-3,859, eff. 2/6/15; 2828.]

3-4-1009: PROPERTY TO BE HELD FOR THIRTY DAYS BY SECONDHAND DEALERS:

Every secondhand dealer shall retain in their possession for a period of thirty (30) days all tangible personal property reported under the provisions of this article. The thirty (30) day holding period with respect to such tangible personal property shall commence with the date the report of its acquisition was made to the Chief of Police by the secondhand dealer. The Chief of Police may for good cause, as specified by the California Department of Justice, authorize prior disposition of any property described in a specific report; provided, that a secondhand dealer who disposes of tangible personal property pursuant to such authorization shall report the sale thereof to the Chief of Police. [Formerly numbered Section 8-74; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 15-3,859, eff. 2/6/15; 2828.]

3-4-1010: PROPERTY TO BE HELD FOR TEN DAYS BY JUNK DEALERS, ETC.:

Tangible personal property shall be held for ten (10) days by junk dealers and junk collectors. Every junk dealer or junk collector shall retain in their possession for a period of ten (10) days all tangible personal property reported under the provisions of this article. The ten (10) day holding period shall commence with the date the report of the acquisition of such property was made to the Chief of Police. The Chief of Police may for good cause authorize the prior disposition of any such property, or a junk dealer or junk collector, in lieu of holding the property for the prescribed ten (10) day period, may sell or dispose of such property, provided they obtain the name, address and description of the buyer and retains this information for a period of three (3) years as a matter of record which shall be made available for inspection by any law enforcement officer. [Formerly numbered Section 8-75; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 15-3,859, eff. 2/6/15; 2828, 2181.]

3-4-1011: LICENSE AND/OR PERMIT RENEWAL AND FORFEITURE:

A.    A license and/or permit granted pursuant to this Article shall be renewable on July 1 and annually thereafter, upon the filing of a renewal application and the payment of any applicable license and/or permit renewal fees as specified herein.

B.    The license and/or permit shall be subject to forfeiture and the licensee/permittee’s activities as a secondhand dealer, junk dealer or junk collector shall be subject to being enjoined for breach of any of the following conditions:

1.    The business of secondhand dealer or junk dealer shall be carried on only in the building or buildings designated in the license.

2.    The license and/or permit or a copy certified by the Community Development Department thereof, shall be conspicuously posted in the place of business of every licensee/permittee.

3.    The licensee/permittee shall not engage in business with any minor under the age of eighteen (18).

4.    The licensee/permittee shall not engage in any act which is in violation of any applicable state statute or this Code.

5.    The licensee/permittee shall not be convicted of any offense, as outlined in Section 3-4-1004 of this Code, which would have been grounds for denial of the initial application. For purposes of this Article, "convicted" means a plea or verdict of guilty or a conviction following a plea of nolo contendere.

6.    Any changed circumstance which would have been grounds for denial of the initial application.

No person shall have their renewal application be denied, nor shall their license and/or permit be forfeited solely on the grounds that they violated any provision contained in Article 4 (commencing with Section 21625) or Article 5 (commencing with Section 21650) of Chapter 9 of the California Business and Professions Code, or any provision contained in Chapter 2 (commencing with Section 21200) of Division 8 of the California Financial Code, unless the violation demonstrates a pattern of conduct. This prohibition, however, does not extend to violations of any licensing/permitting regulations of this Code that do not duplicate provisions of an applicable state regulatory statute. [Formerly numbered Section 8-76; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 15-3,859, eff. 2/6/15; 3828; 2874, 2828, 2181.]

ARTICLE 11. PEDDLERS, SOLICITORS AND ITINERANT MERCHANTS3

3-4-1101: DEFINITIONS:

As used in this article, unless the context otherwise clearly indicates:

ITINERANT MERCHANT: Any person whether as owner agent, consignee or employee, whether a resident of the City or not, who engages in a temporary business of selling and delivering goods within the City, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, tent, public room in a hotel, lodging house, apartment or shop within the City, for the exhibition and sale of such goods, provided that such definition shall not be construed to include any person who, while occupying such temporary location, does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery only. The person so engaged shall not be relieved from complying with the provisions of this code merely by reason of associating temporarily with any local dealer, trader, merchant, or auctioneer, or by conducting such transient business in connection with, or as a part of, or in the name of any local dealer, trader, merchant or auctioneer. "Itinerant Merchant" shall not include a person engaged in, conducting or carrying on the business of vending on a sidewalk pursuant to a valid license issued pursuant to Article 27 of this chapter.

PEDDLER: Any person, whether a resident of the City or not, traveling by foot, wagon, automotive vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without travelling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad box car or other vehicle or conveyance. The word “peddler” shall not include a farmer or merchant selling vegetables, fruits, nuts, or unprocessed agricultural products, at a farmers’ market, sponsored by a nonprofit organization. The word “peddler” shall include the words “hawker” and “hucksters”. "Peddler" shall not include a person engaged in, conducting or carrying on the business of vending on a sidewalk, pursuant to a valid license issued pursuant to Article 27 of this chapter.

SOLICITOR OR CANVASSER: Any individual, whether a resident of the City or not, traveling either by foot, wagon, automobile, motor truck, or any other type of conveyance, from place to place, from house to house, or from street to street, conducting interviews or surveys for the purpose of determining marketing potential, taking or attempting to take orders for sale of goods, personal property, of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether they are collecting advance payments on such sales, or not, provided that such definition shall include any person who, for themselves, or for another person, hires, leases, uses or occupies any building, structure, tent, hotel room, lodging house, apartment, shop, wagon, automotive vehicle, railroad box car or any other place within the City for the primary purpose of exhibiting samples and taking orders for future delivery. "Solicitor" or "Canvasser" shall not include a person engaged in, conducting or carrying on the business of vending on a sidewalk pursuant to a valid license issued pursuant to Article 27 of this chapter. [Added by Ord. No. 20-3,947, eff. 1/8/21; repeals and replaces section formerly numbered Section 8-79; 3058; 2916, 2227.]

3-4-1102: PEDDLERS’ PERMITS, LICENSES AND FEES:

No person shall engage in the business of peddler without first obtaining a permit and license therefor from the Community Development Department and paying an application fee as required by Section 3-4-1104 of this article and a license fee in the amount set forth in the Burbank Fee Resolution. [Formerly numbered Section 8-80; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 3623, 2492, 2434.]

3-4-1103: APPLICATION FOR PEDDLER’S PERMIT AND LICENSE:

In addition to the information required by Section 3-6-202 of this title, applications for a peddler’s permit and license shall contain the finger- and thumbprints of the applicant and of any persons employed by them as a peddler together with a photograph of applicant and of such persons taken within sixty (60) days immediately prior to the date of filing the application, which picture or pictures shall be one and one-half inches by one and one-half inches (1 1/2" x 1 1/2") showing the head and shoulders in a clear and distinguishing manner. Such applications shall also contain the social security number, the driver’s license number, two (2) character references living in Los Angeles County, the arrest record and the name and address of the last employer of the applicant and each person employed by them as a peddler. [Formerly numbered Section 8-81; renumbered by Ord. No. 3058, eff. 2/21/87; 2434.]

3-4-1104: NECESSITY FOR APPROVAL OF CERTAIN PEDDLERS’ LICENSES:

Applications for a license to peddle baked goods, box lunches, unwrapped food products, fruits, vegetables or ice cream shall be referred to the Health Officer for approval. An applicant for such a license shall pay an application fee in the amount set forth in the Burbank Fee Resolution. [Formerly numbered Section 8-82; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03; 2492.]

3-4-1105: SOLICITORS’ PERMITS, LICENSES AND FEES:

A.    In General: No person shall engage in the business of solicitor or canvasser without first obtaining a permit and license therefor from the Community Development Department and paying the prescribed application fee and license fee. Unless a blanket permit and license is obtained as hereinafter provided, each such solicitor or canvasser shall pay an application fee in the amount set forth in the Burbank Fee Resolution.

B.    Adjustment of License Fees Due to Undue Burden on Interstate Commerce: None of the license fees provided for by this section shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license fee is believed by a licensee or applicant for license to place an undue burden upon such commerce, they may apply to the City Manager for an adjustment of the fee so that it shall not be discriminatory, unreasonable, or unfair as to such commerce. Such application may be made before, at, or within six (6) months after payment of the prescribed license fee. The applicant shall, by affidavit and supporting testimony, show their method of business and the gross volume or

estimated gross volume of business and such other information as the City Manager may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The City Manager shall then conduct an investigation, comparing applicant’s business with other businesses of like nature and shall make findings of fact from which they shall determine where the fee fixed by this section is unfair, unreasonable or discriminatory as to the applicant’s business and shall fix as the license fee for the applicant, an amount that is fair, reasonable and nondiscriminatory, or, if the fee has already been paid, shall order a refund of the amount over and above the fee so fixed. In fixing the fee to be charged, the City Manager shall have the power to base the fee upon a percentage of gross sales, or any other method which will assure that the fee assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the fees as prescribed by subsection A of this section. Should the City Manager determine the gross sales measure of the fee to be the fair basis, they may require the applicant to submit, either at the time of termination of applicant’s business in the City, or at the end of each three (3) month period, a sworn statement of the gross sales and pay the amount of fee therefor, provided that no additional fee during any one fiscal year shall be required after the licensee shall have paid an amount equal to the license as prescribed herein.

C.    Blanket Permit and License: Whenever any person necessarily employs, or wholesales goods to, solicitors or canvassers in the conduct of their business, they may, in lieu of the application fee and the license fee or fees required to be paid hereunder by such solicitor or canvasser, pay an application fee in the amount set forth in the Burbank Fee Resolution for each solicitor or canvasser and a blanket license fee in the amount set forth in the Burbank Fee Resolution per solicitor or canvasser so employed or engaged for the one year period commencing with date of issuance, provided they:

1.    Make application for such blanket permit and license in their own name;

2.    Furnish the City with assurances satisfactory to the Chief of Police that the solicitors or canvassers employed by them in their business, or associated with them as retailers of their goods, are of good character;

3.    Agree to collect and remit any and all local sales and use taxes accruing on taxable sales made by such solicitors or canvassers, and to cause the required reports to be furnished in connection therewith; provided, however, that this shall not relieve the solicitors or canvassers themselves of any obligations they may have under the sales and use tax ordinance of the City if taxes are not collected and paid or reports made in connection therewith; and

4.    Keep and maintain a current list of the solicitors and canvassers employed by them or associated with them as retailers, setting forth the name, address and criminal record, if any, of each such solicitor or canvasser, which list shall be furnished the Community Development Department or Chief of Police on request.

5.    Verify that each solicitor and canvasser so employed or engaged carries a valid registration card, as hereinafter required. [Formerly numbered Section 8-83; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 3623, 2434, 2194.]

3-4-1106: APPLICATION FOR SOLICITOR’S PERMIT AND LICENSE:

A.    Individual Permit and License: In addition to the information required by Section 3-6-202 of this title, applications for an individual solicitor’s permit and license shall state:

1.    Permanent home address and full local address of the applicant, and the address of the place or places where applicant has resided during the past five (5) years;

2.    A brief description of the nature of the business and the goods to be sold;

3.    If employed, the name and address of the employer, together with credentials establishing the exact relationship;

4.    The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time said application is filed, and the proposed method of delivery;

5.    Two (2) photographs of the applicant, taken within sixty (60) days immediately prior to the date of the filing of the application, which picture shall be one and one-half inches by one and one-half inches (1 1/2" x 1 1/2") showing the head and shoulders of the applicant in a clear and distinguishing manner;

6.    The finger- and thumbprints of the applicant, and the names of at least two (2) reliable property owners of the County, who will certify as to the applicant’s good character and business respectability, or, in lieu of the names of references, such other available evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility; and

7.    A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.

B.    Blanket Permit and License: In addition to the information required by Section 3-6-202 of this title, applications for a blanket solicitor’s permit and license shall contain a statement setting forth the relationship between the applicant and their solicitors, the number of solicitors employed by them or associated with them as retailers in the City, and such other information as may be required. [Formerly numbered Section 8-84; renumbered by Ord. No. 3058, eff. 2/21/87; 2434.]

3-4-1107: NECESSITY FOR APPROVAL OF SOLICITOR’S PERMIT AND LICENSE:

Applications for a permit and license to engage in business as solicitor or canvasser shall be referred to the Chief of Police for approval. The Chief of Police shall cause such investigation of the applicant’s business and moral character to be made as they deem necessary for the protection of the public good. [Formerly numbered Section 8-85; renumbered by Ord. No. 3058, eff. 2/21/87; 2434.]

3-4-1108: REGISTRATION CARD:

A.    When Required: Any person obtaining a blanket solicitor’s permit and license under subsection 3-4-1105C of this article shall obtain from the Community Development Department and furnish to each solicitor or canvasser employed by or associated with them, a registration card conforming to the requirements of this section.

B.    Contents: Each registration card shall be identified by a serial number and shall contain the following: type of business; permit and license number; name of company or individual to whom permit and license is issued; and the name, physical description, photograph and signature of the individual to whom issued.

C.    Surrender: Registration cards shall be returned to the Community Development Department upon termination of employment or within five (5) days after the expiration or termination of the permit and license, whichever first occurs. The person to whom the blanket permit and license issued shall also be responsible for compliance with this provision.

D.    Replacement: In the event a registration card is lost, mutilated or destroyed, a replacement card may be issued by the Community Development Department upon satisfactory proof of such fact and the payment of a fee in the amount set forth in the Burbank Fee Resolution. Two (2) additional photographs of the person to whom the replacement card is to be issued shall be furnished by the applicant.

E.    Possession And Display: The registration card shall be in the possession of the person to whom it is issued while engaging in the business activity authorized by the blanket permit and license and shall be shown, on demand, to any person solicited and to any person authorized to enforce the provisions of this article, or other provisions of this code, or State or Federal law. [Formerly numbered Section 8-86; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 3623, 2434, 2194.]

3-4-1109: ITINERANT MERCHANT’S LICENSE FEE:

Every person engaging in business as an itinerant merchant shall pay a license fee in the amount set forth in the Burbank Fee Resolution. [Formerly numbered Section 8-87; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03; 2434.]

3-4-1110: APPLICATION FOR ITINERANT MERCHANT’S LICENSE:

In addition to the information required by Section 3-6-202 of this title, applications for an itinerant merchant’s license shall state:

A.    Proposed Place of Business: The place or places in the City where it is proposed to carry on applicant’s business, and the length of time during which it is proposed that said business shall be conducted;

B.    Prior Places of Business: The place or places, other than the permanent place of business of the applicant, where applicant within six (6) months next preceding the date of said application conducted a transient business, stating the nature thereof and giving the post office and street address of any building or office in which such business was conducted;

C.    Nature of Goods: A statement of the nature, character and quality of the goods to be sold or offered for sale by applicant in the City, the invoice value and quality of such goods, whether the same are proposed to be sold from stock in possession or from stock in possession and by sample; where the goods or property proposed to be sold are manufactured or produced and where such goods or products are located at the time said application is filed;

D.    Nature of Advertising: A brief statement of the nature and character of the advertising done or proposed to be done in order to attract customers, and, if required by the Community Development Department, copies of all said advertising whether by handbills, circular, newspaper advertising, or otherwise, shall be attached to said application as exhibits thereto;

E.    Criminal Record: Whether or not the person or persons having the management or supervision of the applicant’s business have been convicted of a crime, misdemeanor or the violation of any municipal ordinance, the nature of such offense and the punishment assessed therefor;

F.    Credentials: Credentials from the person for which the applicant proposes to do business, authorizing the applicant to act as such representative; and

G.    Identity of Applicant: Such other reasonable information as to the identity or character of the person or persons having the management or supervision of applicant’s business or the method or plan of doing such business as the Community Development Department may deem proper to fulfill the purpose of this section in the protection of the public good. [Formerly numbered Section 8-88; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2194.]

3-4-1111: CONDITIONS AND RESTRICTIONS FOR PEDDLING FROM MOTORIZED VEHICLES; EXCEPTIONS THERETO:

A.    No person shall sell, offer for sale, or cause to be sold, from a motorized vehicle, any food, beverage, good, ware, merchandise or any other item within one thousand feet (1,000') of any property used as an elementary or middle school, from the hours of seven o'clock (7:00) A.M. to four o'clock (4:00) P.M. This section shall not apply on days when said schools are not in session or on any school property where said vending activities have been approved in writing by the principal or the principal’s designee.

B.    The provisions of this section shall not be construed to prohibit any of the following:

1.    Businesses or activities commonly known or designated as open air or farmers’ markets; or

2.    Locations established for the principal purpose of Christmas tree or pumpkin sales; or

3.    Any vendor who is expressly authorized to sell or provide food or beverage to the agents or employees of any person or entity who lawfully owns or occupies any private property or who is performing lawful construction on said property. [Added by Ord. No. 3333; Amended by Ord. No. 3806, eff. 5/6/11; 3371.]

3-4-1112: PEDDLING FROM NON-MOTORIZED VEHICLES PROHIBITED:

A.    No person shall sell, offer for sale or otherwise cause to be sold any beverage, drink, good, ware, merchandise or other item from any pushcart or other non-motorized or self-propelled vehicle on any City sidewalk, street, unenclosed vacant lot or other public property unless they have obtained a valid City Sidewalk Vendor License or except as specifically permitted under Section 3-4-1115 of this Article and Article 27 of this Chapter.

B.    Any pushcart or other non-motorized or self-propelled vehicle observed in violation of this section, together with its contents, may be seized and retained in custody by the enforcement agent(s) witnessing said violation, subject to the provisions set forth in subsection C of this section.

C.    The seizure and retention of any pushcart or other non-motorized or self-propelled vehicle pursuant to the provisions of subsection B of this section, and/or its contents, shall be subject to the following procedural requirements:

1.    Pursuant to any seizure and retention, the owner or person otherwise in lawful possession of any personal property seized and/or retained shall be provided written notice of said action, which shall include written notification of the seizure and retention, the Burbank Municipal Code section(s) authorizing said action, the applicable City department or official to whom contact may be made regarding return of said property and the specific procedures to be followed in connection with the return of said property.

2.    Any request for the return of any personal property seized and retained pursuant to subsection B of this section shall be made in writing, and filed with the applicable City official and department charged with responsibility over the disposition of said property, or their designee.

3.    Pursuant to any request for the return of any personal property seized and/or retained pursuant to subsection B of this section, the City official charged with responsibility over the disposition of said property, or their designee, shall either summarily return said property upon satisfactory proof of ownership and the payment of any applicable fees imposed pursuant to subsection C8 of this section, or schedule a hearing regarding the disposition of said property.

4.    Any hearing regarding return of any personal property seized and/or retained pursuant to subsection B of this section shall be conducted within ten (10) business days of the filing of a request for return of said property with the appropriate City official and department, or their designee.

5.    In the event a hearing on the return of any personal property seized and/or retained pursuant to subsection B of this section is required, the owner of said property seized and/or retained, or their designee, may present all relevant testimony and evidence in support of the return of said property.

6.    Within two (2) business days of any hearing conducted regarding the disposition of any personal property seized and/or retained pursuant to subsection B of this section, the City official charged with responsibility for conducting said hearing, or their designee, shall render a decision and notify the owner or the owner’s designee of said decision.

7.    In the event that no written request is filed pursuant to subsection C2 of this section requesting the return of any personal property seized and/or retained pursuant to subsection B of this section, said property shall be regarded as unclaimed and shall be governed by Sections 3-6-401 through 3-6-412 of this title.

8.    Any return of property pursuant to this section shall be conditioned upon a satisfactory showing of lawful ownership or right to possession of said property, and may include the assessment of an impound fee equal to the reasonable cost to the City in storing or retaining said property, if any. In the event the owner or person in lawful possession of said property is adjudged not to have been in violation of any provision(s) of this section, no such impound fee shall be imposed. [Added by Ord. No. 3333; Amended by Ord. No. 20-3,947, eff. 1/8/21; 3371.]

3-4-1113: RESERVED:

[Deleted by Ord. No. 3371, eff. 6/18/94.]

3-4-1114: DISPLAY OF FOODS, MERCHANDISE, ETC.:

No person who sells, offers for sale or otherwise causes to be sold any food, beverage, ware, good, or merchandise from any motorized vehicle shall at any time display such items outside of said vehicle. [Added by Ord. No. 3333; Amended by Ord. No. 3371, eff. 6/18/94.]

3-4-1115: EXCEPTION; DOWNTOWN PEDESTRIAN DISTRICT:

A.    The City Council finds that the Downtown Pedestrian District (hereinafter “the district”), which, for the purposes of this ordinance, is defined as that area comprised of the Central Business District Downtown Parking Area as defined in Section 10-1-1407.1 of this code, is a core area of the City. The Council further finds that the district has special properties facilitating its continued development as a pedestrian oriented multiple destination area and that such development is beneficial to the citizens of the City. In furtherance of these goals, the Council finds that certain peddling activities and street vendors will add to the ambiance of the district thereby facilitating the efforts to revitalize the district and to create a pedestrian oriented multiple destination area.

B.    Accordingly, the provisions of this article shall not apply to any person engaged in selling or offering to sell any food, beverage, good, ware, merchandise or other item on public property where such person has been authorized by the Community Development Director to engage in such activity at that location pursuant to regulations established by the Community Development Director.

C.    Regulations for peddling on public property in the district shall be established by the Community Development Director. Such regulations may relate to the quantity, location, appearance, safety, product mix, and mobility of the vendors and their pushcarts or other equipment used to peddle, if any. The Public Works Director shall identify those sites that are appropriate for peddling sites.

D.    The Community Development Director shall issue permits to peddlers in accordance with the established regulations and at the locations determined to be appropriate by the Public Works Director. Permits issued by the Community Development Director may be conditioned by the Community Development Director as they deem

appropriate to ensure that permit grantees conduct peddling activities in accordance with all applicable rules and regulations. Permit grantees must pay a permit fee as established in the Burbank Fee Resolution at or prior to the time of permit issuance. A permit shall not be valid unless the permit grantee complies with the requirements for, and obtains, an encroachment permit from the Public Works Director.

E.    Nothing in this article shall be deemed to prohibit any peddling activities, or prohibit any person from operating or acting in the capacity of a “peddler”, as defined in Section 3-4-1101 of this article, during the occurrence of any lawfully permitted parade held within the City of Burbank. All regulations pertaining to the route, course or location of peddling activities shall be established exclusively by the Community Development Director or their designee. [Added by Ord. No. 3333; Amended by Ord. No. 3371, eff. 6/18/94.]

3-4-1116: EXCEPTION; PARADES, CARNIVALS AND FAIRS:

Sections 3-4-1111 through 3-4-1114 of this article shall not apply to any person engaged in selling or offering to sell food, drinks, goods, wares, or merchandise on public property in conjunction with a properly licensed parade, carnival or fair, where such person has been licensed or otherwise authorized by the Community Development Director to engage in such vending activity at that location pursuant to regulations established by the Community Development Director. [Added by Ord. No. 3337, eff. 4/10/93.]

ARTICLE 12. AUCTIONS AND AUCTION MARTS

3-4-1201: DEFINITIONS:

The following words and phrases, whenever used in this article, shall be construed as defined in this section:

ARTICLE: Any item of personal property, tangible or intangible, of whatsoever kind or nature.

AUCTION BOOTH: Any booth, stand or space in an auction mart used or intended to be used for the conduct of an auction sale.

AUCTION MART: Any place designed, intended or used for the conduct of two (2) or more auctions simultaneously.

AUCTION OR AUCTION SALE: An offer to sell or a sale of any property, real or personal, tangible or intangible, by public outcry to the highest bidder or to any bidder when, instead of asking the bidders to make increasingly higher bids for an article or articles of merchandise, the seller or auctioneer announces a price at which they will sell one or more articles of merchandise and then, if no sale occurs, increasingly adds additional articles of merchandise to those originally offered, with or without varying the price, or reduces the price on the originally offered article or articles.

JEWELRY: Platinum, gold, silver, plated ware, precious stones, semiprecious stones, watches, clocks and other articles of precious metals or gems worn for personal adornment. [Formerly numbered Section 8-92; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-1202: LICENSE FEES:

A.    Auction Sales Generally: Every person engaging in an auction as principal shall pay an annual license fee in the amount set forth in the Burbank Fee Resolution, except as otherwise provided herein.

B.    Auctions at Auction Booths: Every person engaging in an auction, as principal, in an auction mart, shall pay an annual license fee or a daily license fee, as appropriate, in the amount set forth in the Burbank Fee Resolution for each auction booth used for such purpose.

C.    Auction Mart: Every person operating an auction mart, whether licensed to engage in auctions therein or not, shall pay an annual license fee or a daily license fee, as appropriate, in the amount set forth in the Burbank Fee Resolution; provided, however, that the daily license fee shall accrue only on those days when an auction or auctions are held in such auction mart. [Formerly numbered Section 8-93; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03.]

3-4-1203: BOND:

A.    Amount of Bond: Each applicant for a license to engage in an auction shall post with the Community Development Department, prior to the issuance of any license, a surety bond, in a sum determined by the City Attorney’s office, conditioned upon the observance by applicant of all the provisions of this article and upon the truth of all the representations made in connection with the application for a license and in the course of any auction sale and as a guarantee that the purchase price of any article purchased will be returned to any purchaser upon return of the article purchased and upon proof that any false or misleading statement or representation has been made concerning any article sold to said purchaser at said auction sale. The surety bond shall also comply with the requirements of Section 3-6-301 of this title.

B.    Exemptions to Bond Requirements: The following applicants for a license to engage in an auction shall not be required to post a bond:

1.    Any officer of the court, constable, or sheriff, or any person acting under the direction or order of any court;

2.    Any applicant for a license to engage in an auction mart if the person operating the auction mart has posted a bond as required in subsection A of this section which covers the applicant;

3.    Any applicant for a license to engage in an auction of real property conducted by a real estate broker licensed by the State provided such broker has a current City business tax registration; and

4.    Any nonprofit organization which conducts auctions for fund raising and does so without the assistance of a professional auctioneer. [Formerly numbered Section 8-94; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 3623, 2849, 2194.]

3-4-1204: JEWELRY AUCTIONS PROHIBITED; EXCEPTIONS:

It shall be unlawful for any person to sell or offer for sale any jewelry at auction; provided, however, that the provisions of this section shall not apply to any public officer or officer of any court, who, in pursuance of their duty as such officer, shall conduct within the City an auction pursuant to any law of the State or of the United States of America, or the lawful order of any court, nor to the sale of unredeemed jewelry by pawnbrokers, loan companies and others in the manner provided by law, nor to the sale or offering for sale of jewelry at auction where such method of sale is specifically authorized by law, nor to any person who has been engaged in the business of selling jewelry at retail in the City continuously for a period of not less than one year and who disposes of their stock on hand for the purpose of closing out their business, provided such person obtains a permit to conduct an auction of articles of jewelry as hereinafter provided and complies with the regulations contained in this article. [Formerly numbered Section 8-95; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-1205: APPLICATION FOR PERMIT TO CONDUCT JEWELRY AUCTION:

Applications for a permit to engage in an auction of articles of jewelry shall be under oath, shall be filed with the Community Development Department not less than thirty (30) days prior to the proposed auction, and shall contain the following information:

A.    All facts regarding the closing out of the applicant’s business;

B.    All facts in regard to conducting the proposed auction and the place of conducting the same, including a full and correct inventory of the articles to be sold, the quality, quantity and grade of each item, the wholesale value thereof, the names of the persons from whom obtained, the date of delivery to applicant, the place from which last taken, and all details necessary to fully identify the same;

C.    The period of time over which the proposed auction is to continue;

D.    Such other information as the City may require. [Formerly numbered Section 8-96; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2194.]

3-4-1206: GRANTING PERMIT TO CONDUCT JEWELRY AUCTION:

Upon receipt of an application for a permit to conduct a jewelry auction, the Community Development Department shall refer the same to the Chief of Police for investigation and report. After receipt of the report of the Chief of Police, if the Community Development Department shall be satisfied that applicant is of good moral character, that the jewelry proposed to be sold at auction is a bona fide part of applicant’s stock in trade and not secured, purchased or brought into their place of business for or in anticipation of said proposed sale, that neither applicant nor any of its officers, directors or members have violated this article, and that the advertising and conducting of such sale will not be injurious to the peace, health, safety or welfare of the people of the City, said Community Development Department shall issue such permit to the person applying for the same. The Community Development Department in considering the application and the attending facts shall exercise a reasonable and sound discretion in granting or denying the permit applied for. [Formerly numbered Section 8-97; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2194.]

3-4-1207: DURATION OF JEWELRY AUCTION PERMIT:

Permits to conduct auctions of jewelry shall not be granted for periods exceeding thirty (30) days, Sundays and legal holidays excluded; provided, however, that if it shall be made to appear, upon sworn application to the Community Development Department at any time during said period of thirty (30) days, that all the jewelry described and inventoried in the original application has not been sold, accompanied by a statement or inventory of what remains thereof, a permit supplemental to that provided for may be issued by said Community Development Department upon the same terms and conditions as the original permit, granting authority to continue such sale for further period of thirty (30) days. [Formerly numbered Section 8-98; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2194.]

3-4-1208: AUCTIONS FOR CHARITABLE PURPOSES:

The provisions of this article shall not apply to any auction held solely for charitable or benevolent purposes, or for any church fair, festival, or bazaar. [Added by Ord. No. 2896; formerly numbered Section 8-99; renumbered by Ord. No. 3058, eff. 2/21/87; 2292.]

3-4-1209: INVENTORY:

It shall be unlawful for any person to conduct an auction without filing with the Community Development Department a full, correct and verified inventory of all items or all articles to be offered for sale or to be sold at said auction sale. Such inventory shall be delivered to the Chief of Police. [Formerly numbered Section 8-100; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2194.]

3-4-1210: LABELING:

It shall be unlawful for any person to offer for sale by auction or to sell at auction any article to which there is not attached a card or ticket or label containing a true and correct statement plainly written or printed in English specifying the kind and quality of such item and whether new or used, and in the case of precious stones and metals, the percentage of karat or purity thereof. If such articles are plated or overlain, then such tag or label shall contain a true statement of the kind of plate. When precious stones are offered for sale or sold by auction as such or as part of an article of jewelry, such written statement shall set forth the true name, weight and quality of such stone or stones. When semiprecious stones are offered for sale or sold by auction as such or as part of an article of jewelry, such written statement shall set forth the true name of said stones. When imitations of precious or semiprecious stones are offered for sale or sold by auction as such or as part of an article of jewelry, said imitations shall be described or defined as synthetic or imitations of such stones as they purport to represent. When watches and clocks are sold, the true names of the manufacturers shall be stated in writing and no parts of the movement or mechanism thereof shall be substituted or contain false and misleading names or trademarks; neither shall secondhand or old movements be offered for sale in new cases without a true statement to that effect. Used and rebuilt watches shall be so indicated. Such tag or label shall remain securely attached to any such article or merchandise, shall be delivered to the purchaser as a true and correct description and representation of the article sold, and shall be deemed prima facie evidence of intent to defraud in case such written statement is not a true and correct description and representation of such articles sold. [Formerly numbered Section 8-101; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-1211: RECEIPT TO BE ISSUED:

Every person engaging in an auction sale shall issue a receipt to each purchaser for any item purchased, clearly identifying such item by reference to the label and acknowledging receipt of money paid or other thing of value received for such purchase price or part thereof. [Formerly numbered Section 8-102; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-1212: MISREPRESENTATION:

It shall be unlawful for any person, their agents or employees engaging in an auction to make any statements which are false in any particular or which have a tendency to mislead, or to make any misrepresentations whatsoever with reference to any article sold or offered for sale during such auction. [Formerly numbered Section 8-103; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-1213: FALSE BIDS, SHILLS AND CAPPERS:

No person engaging in an auction shall use any person as a false bidder for the purpose of increasing the price of any property sold or offered for sale at such auction; nor shall any person act as a bidder, or what is commonly known as a “capper”, “booster” or “shiller”, or offer to make any false bid to buy or pretend to buy at such auction. [Formerly numbered Section 8-104; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-1214: SECRET REBATES OR DISCOUNTS AFTER SALE PROHIBITED:

It shall be unlawful for any person after an article has been sold at auction, to pay to the purchaser a secret rebate or secret discount on such purchase. [Formerly numbered Section 8-105; renumbered by Ord. No. 3058, eff. 2/21/87.]

 

ARTICLE 13. PRIVATE AMBULANCE SERVICE4

3-4-1301: LICENSE FEE; EXCEPTION:

Every person engaging in the business of carrying patients for hire in a private ambulance shall pay an annual license fee and application fee in the amount set forth in the Burbank Fee Resolution; provided, however, that no license or license fee shall be required of any person who delivers but does not pick up patients in the City. Anything to the contrary notwithstanding, it shall be lawful for any person owning or controlling a private ambulance to pick up patients in the City, without obtaining a license or paying a license fee, provided such person first ascertains from the person ordering the service that no licensee hereunder is able or willing to render the service requested, and notifies the Police Department that they are going to make such pick up. [Formerly numbered Section 8-106; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 19-3,915, eff. 5/17/19; 3623.]

3-4-1302: COUNTY OF LOS ANGELES OPERATOR BUSINESS LICENSE:

No person required to be licensed in the City of Burbank shall engage in the business of carrying patients for hire in a private ambulance without an Ambulance Operator Business License from the County of Los Angeles. [Formerly numbered Section 8-107; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 19-3,915, eff. 5/17/19; 3755, 2194.]

3-4-1303: APPLICATION FOR BUSINESS LICENSE CERTIFICATE:

Applications for such business license and certificate shall be filed with the Community Development Department and shall contain, in addition to the information required by Section 3-6-202 of this title:

A.    Description of Vehicle: A description of the motor vehicle or vehicles which the applicant proposes to use as private ambulances, giving the type, name of the manufacturer, factory number and license plate number thereof;

B.    Insignia: The color scheme, name, monogram or insignia of such private ambulance or ambulances;

C.    Copy of a valid Los Angeles County Ambulance Operator Business License. [Formerly numbered Section 8-108; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 19-3,915, eff. 5/17/19; 3828, 2194.]

3-4-1304: APPEALS:

An application for a business license and certificate that is denied may be appealed to the Director of the Department of Community Development or their designee. Any applicant dissatisfied with a decision to deny an application may appeal such decision to the Permit Appeals Panel pursuant to Section 2-1-1501. [Added by Ord. No. 19-3,915, eff. 5/17/19.]

3-4-1305: ISSUANCE OF BUSINESS LICENSE CERTIFICATE:

Upon successful completion and approval of an application pursuant to Section 3-4-1303, an applicant shall be issued a business license certificate as a Private Ambulance Service operator. [Added by Ord. No. 19-3,915, eff. 5/17/19.]

3-4-1306: INSURANCE:

The applicant shall file, and maintain in full force and effect at all times while such private ambulance is being operated, a policy of insurance as required to hold a Los Angeles County Ambulance Operator Business License. [Formerly numbered section 3-4-1307; Amended by Ord. No. 19-3,915, eff. 5/17/19; 3058, 3828, 3623.]

3-4-1307: IDENTIFICATION OF AMBULANCES:

Each ambulance shall bear on the outside of each rear door, in painted letters, not less than two and one-quarter inches (2 1/4") in height and not less than five-sixteenths inch (5/16") stroke, the name of the owner or the fictitious name under which they operate, their telephone number and the license number of such ambulance; and, in addition, each ambulance shall bear the color scheme, name, monogram or insignia as stated in the application. It shall be unlawful for any person to change such color scheme, name, monogram or insignia without filing an amended application with the City. [Formerly numbered 3-4-1308; Amended by Ord. No. 19-3,915, eff. 5/17/19; 3058, 3755.]

3-4-1308: GROUNDS FOR REVOCATION:

A.    Any license certificate granted or issued under the provisions of this article may be revoked for any of the following causes:

1.    Failure to operate under or make use of such license certificate within ninety (90) days after it was granted.

2.    Violation of any provision of this article by a holder of such license certificate;

3.    The existence of any state of facts which would have been good reason to deny such license when applied for, regardless of when such state of facts arose;

4.    Not having a current valid Los Angeles County Ambulance Operator Business License.

B.    Any license certificate granted or issued under the provisions of this article may be revoked or denied for a conviction involving any of the following:

1.    Moral turpitude;

2.    Physical violence toward persons or property;

3.    Sexual conduct;

4.    Negligent or reckless driving;

5.    Operating a motor vehicle while under the influence of alcohol or drugs;

6.    Possession of any controlled substance or narcotic;

7.    The following offenses Vehicle Code Sections 14601.3, 14601.4, 14601.5, 20001, 20003, 20004, 23104, 23153, Penal Code Sections 118, 192, 529.5 and any felony listed in the Penal Code including those charged as misdemeanors pursuant to Penal Code Section 17(b)(4); Vehicle Code Sections 31, 12500, 14601, 14601.1, 14601.2, 20002, 23103, 23152 and 23220;

8.    A driving history indicating convictions of three or more moving violations within the last three years with two or more of such convictions occurring within the last twelve months from the date of the application; or

9.    Misdemeanor as defined by the California Vehicle Code.

If there is a criminal conviction as listed, above, then the Community Development Director shall make an individualized assessment of whether the conviction history has a direct and adverse relationship with the specific duties of being a private ambulance driver or owner that justify denying or revoking the license. In making the assessment described in this paragraph, the Community Development Director shall consider all of the following: (i) The nature and gravity of the offense or conduct; (ii) the time that has passed since the offense or conduct and completion of the sentence; and (iii) the nature of the private ambulance service position. If the license is denied or revoked based on conviction the license holder or applicant will be given written notice of the disqualifying conviction.

C.    Any applicant dissatisfied with a decision to revoke or deny the license may appeal such decision to the Permit Appeals Panel as listed in Title 2, Chapter 1, Title 15, of this Code. [Formerly numbered Section 3-4-1309; Amended by Ord. No. 19-3,915, eff. 5/17/19; 3058.]

ARTICLE 14. OTHER VEHICLES FOR HIRE

3-4-1401: DRAYING LICENSE FEE:

[Deleted by Ord. No. 3623, eff. 6/28/03; formerly numbered Section 8-115; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-1402: DRAYING REPORTS:

A.    Place of Filing: Every such person except an individual engaging in such business alone, shall, on the first and third Mondays of each month, make out and deliver to the Police Department on a blank form to be obtained from such Department for such purpose, a full and complete statement of the business done by such person during the period subsequent to the filing of the last statement, setting forth the name of the persons for whom such business was done, the old and new address of such person, a general description of the property transported or collected and such other information as shall be deemed necessary by the Chief of Police. It shall be unlawful for any person to fail, neglect or refuse to file a statement in the form and manner and at the time and in all respects in accordance with the requirements of this section.

B.    Confidential: The Chief of Police shall cause all such reports to be filed in their office, and the same shall be open to inspection only by the members of the Police Department and the City Attorney, or upon order of a court of competent jurisdiction. [Formerly numbered Section 8-116; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 15. PHYSICAL THERAPY

3-4-1501: DEFINITION:

As used in this article, unless the context otherwise clearly indicates, “physical therapy” shall mean the treatment or care of the body and the maintenance of health by physical agents other than drugs, medicine, or surgery; including, but not by way of limitation, fomentations, therapeutic massage, electric or magnetic treatment, steam baths, sun baths, mineral baths, electric tub baths, shower baths, sponge baths, Russian, Swedish, or Turkish baths, salt glows, alcohol rubs, movement, manipulation, corrective exercise, and other related services. [Formerly numbered Section 8-117; renumbered by Ord. No. 3058, eff. 2/21/87; 2889.]

3-4-1502: LICENSE FEES:

A.    Every person who operates any place where physical therapy is practiced, or which is devoted to, or which advertises or offers, any of the services or treatments included in the term “physical therapy” as defined herein, shall pay an annual license fee in the amount set forth in the Burbank Fee Resolution.

B.    Every person who engages in rendering for compensation received or expected, any of the services or treatments included under the term “physical therapy” as herein defined, or who is employed to render such service or treatment in any place where physical therapy is practiced or in any place which is devoted to, or which advertises or offers, any of the services or treatments included in the term “physical therapy” as herein defined, shall pay an annual license fee in the amount set forth in the Burbank Fee Resolution. [Formerly numbered Section 8-118; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03.]

3-4-1503: APPLICATION FOR LICENSE:

Application for such license shall be under oath and shall contain the following information:

A.    The name of applicant and a complete statement regarding any and all true and fictitious names used by the applicant within five (5) years immediately prior to the date of filing the application;

B.    The residence address and telephone number of the applicant;

C.    The age, date and place of birth of the applicant;

D.    The place or places where applicant will engage in their business, calling or employment;

E.    The nature and place of applicant’s business or employment within five (5) years immediately prior to the date of filing the application;

F.    A photograph of the applicant taken within sixty (60) days immediately prior to the date of filing the application, which picture shall be two inches by two inches (2" x 2"), showing the head and shoulders in a clear and distinguishing manner;

G.    The finger- and thumbprints of the applicant to be taken by the Police Department of the City;

H.    The names of at least two (2) reliable property owners of the County, who will certify as to the applicant’s good character and/or business responsibility; or, in lieu of the names of such references, such other available evidence as to the good character and/or business responsibility of the applicant as will enable an investigator to properly evaluate such character and/or business responsibility; or, in lieu of the names of such references, such other available evidence as to the good character and/or business responsibility of the applicant as will enable an investigator to properly evaluate such character and/or business responsibility. Evidence of active membership in good standing in a duly incorporated association of physical therapists, chartered under the laws of the State, may be submitted as evidence of good character;

I.    A statement that applicant has never been convicted of a crime involving moral turpitude, or a felony; or, if any such crime has been committed by applicant, a complete statement of the nature of such crime and the place and date of conviction;

J.    Two (2) copies of a valid unexpired and unrevoked license issued to the applicant by the Board of Medical Quality Assurance of the State of California pursuant to the provisions of Chapter 5.7, Division 2, of the Business and Professions Code relating to the practice of physical therapy, and Title 16, Chapter 13.2 of the California Administrative Code (“Physical Therapy Rules”) adopted pursuant to Section 2615 of the Business and Professions Code. Said license shall describe the applicant as a “registered physical therapist licensed by the Board of Medical Quality Assurance”, or as a “registered physical therapist assistant, licensed by the Board of Medical Quality Assurance”. [Formerly numbered Section 8-119; renumbered by Ord. No. 3058, eff. 2/21/87; 2889, 2277.]

3-4-1504: APPLICATION FEE:

Every application for such license shall be accompanied by an application fee in the amount set forth in the Burbank Fee Resolution. [Formerly numbered Section 8-120; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03.]

3-4-1505: APPROVAL BY CHIEF OF POLICE:

Every application for a license hereunder shall be referred to the Chief of Police for approval in accordance with the provisions of Section 3-6-205 of this title. No application shall be approved unless the applicant is found to be of good moral character. Any conviction for a crime involving moral turpitude, or for a felony, shall constitute prima facie proof of immoral character. In the absence of such conviction, the Chief of Police shall consider such other evidence of moral character as may be available. [Formerly numbered Section 8-121; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-1506: PERMITS:

No person shall operate any place where physical therapy is practiced, or any place which is devoted to, or which advertises or offers, any of the services or treatments included in the term “physical therapy” as herein defined, without a permit from the Chief of Police. Persons desiring such permit shall so state on their application for a license shall be referred to the Chief of Police for their information in granting or denying the permit. [Formerly numbered Section 8-122; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-1507: GRANTING OR REFUSAL OF PERMIT:

The Chief of Police may, after investigation of the application and the proposed business or activity, grant or refuse to grant such permit. The permit shall be refused if it shall be determined that the granting of the same or the conduct of the business or activity will be contrary to the public peace, health, safety, morals or welfare of the City or its inhabitants. If the permit is granted, the Chief of Police may impose such terms, conditions and restrictions upon the operation and conduct of such business, not in conflict with any paramount law, as may be deemed expedient to protect the public peace, health, safety, morals or welfare of the City or its inhabitants. Any applicant for a permit shall be entitled to a hearing thereon upon a request therefor to the Chief of Police.

A.    Temporary Permits: Any person who has applied for a permit in accordance with the provisions of this article shall, upon request therefor, be issued a temporary permit for not to exceed sixty (60) days by the Chief of Police pending action on their application. Such temporary permit, while it is in effect, shall for all purposes have the same force and be subject to the same conditions as any permit issued hereunder. The Chief of Police may summarily suspend any such temporary permit if the permittee violates any provision of this article. [Formerly numbered Section 8-123; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-1508: REGISTRATION:

Every person who operates any place where physical therapy is practiced, or any place which is devoted to, or which advertises or offers, any of the services or treatments included in the term “physical therapy” as herein defined, shall file with the Community Development Department at the time of filing their application for a license and permit, a written and verified statement, in duplicate, showing the number of rooms occupied or to be occupied for said business, including a sketch of the interior arrangement thereof, a list of the equipment used therein, and a list of the persons engaged in giving or employed to give service or treatments therein. Such statement shall be amended, in duplicate, within forty eight (48) hours after any change in, or addition to, the information furnished therein. The Community Development Department shall immediately transmit one copy of such registration statement, or amendment thereto, to the Chief of Police. [Formerly numbered Section 8-124; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2194.]

3-4-1509: RESERVED FOR FUTURE USE:

[Deleted by Ord. No. 3623, eff. 6/28/03; formerly numbered Section 8-1509; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-1510: EXEMPTIONS:

The provisions of this article shall not apply to any business, calling or profession over which the State has assumed exclusive jurisdiction as a matter of statewide concern and which gives the services or treatments included in the term “physical therapy”, as herein defined, as incident to such business, calling, or profession, nor shall they apply to regularly established hospitals, athletic associations, athletic teams, or religious and charitable institutions. [Formerly numbered Section 8-126; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-1511: WRITTEN NOTICE OF SUSPENSION, REVOCATION OR EXPIRATION:

A licensee under the provisions of this article shall immediately notify the Community Development Department, in writing, of any suspension, revocation or expiration of a physical therapist license or physical therapist assistance license issued by the Board of Medical Quality Assurance of the State of California. Any such suspension, revocation or expiration shall be grounds for the revocation or suspension of any license granted or issued under this article, and the provisions of Title 2, Chapter 1, Article 15 of this code shall be applicable in connection therewith. [Added by Ord. No. 2889; formerly numbered Section 8-126.1; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12.]

ARTICLE 16. LIQUIDATION SALES

3-4-1601: DEFINITION:

As used in this article, unless the context otherwise clearly indicates, “liquidation sale” shall mean any sale of or any offer to sell to the public or to any group or member thereof, goods on order, in transit or in stock in connection with a declared purpose as set forth by advertising of any character, that such sale is anticipatory of or to avoid the termination, liquidation, revision, windup, discontinuance, removal, conclusion, dissolution or abandonment of the business or that portion of the business conducted at any location or any department of the business; and all sales advertised in any manner calculated to convey to the public the information or belief that upon the disposal of the goods to be placed on sale, the business, or any department thereof, or that portion thereof being conducted at any location will cease, be removed, discontinued or changed; and all sales advertised in any manner to be adjustor’s sales, adjustment sales, assignee’s sales, bankrupt sales, benefit of administrator’s sales, benefit of creditor’s sales, benefit of trustee’s sales, building coming down sales, closing out sales, creditor’s committee sales, damaged goods sales, end sales, executor’s sales, final days sales, fire sales, forced out sales, forced out of business sales, forced sales, insolvent sales, salvage sales, liquidation sales, loss of lease sales, mortgage sales, outgoing sales, removal sales, reorganization sales, receiver’s sales, selling out sales, smoke sales, smoke damaged sales, smoke and water sales, trustee’s sales, quitting business sales, wholesale closing out sales, “we quit” sales, “we give up” sales, “fixtures for sale” sales, distress sales, or any sale advertised by any other expression or characterization closely similar to any of the foregoing and calculated to convey substantially the same meaning; and all sales advertised in a manner calculated to indicate that the goods to be sold, or any part thereof, have been involved in any business which has failed, been closed out, discontinued or liquidated; and all sales accompanied by notices or advertising indicating that the premises are available for purchase or lease or are otherwise to be vacated; and all sales accompanied by advertising indicating a business emergency or failure affecting the seller or any previous holder of the goods proposed to be disposed of; but shall not include auctions regulated by Article 12 of this chapter. [Formerly numbered Section 8-127; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03.]

3-4-1602: LICENSE FEE:

Every person engaging in a liquidation sale shall pay an annual license fee in the amount set forth in the Burbank Fee Resolution. [Formerly numbered Section 8-128; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03.]

3-4-1603: PERMIT:

No person shall engage in a liquidation sale without a permit so to do from the Community Development Department. [Formerly numbered Section 8-129; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 3623, 2194.]

3-4-1604: APPLICATION FOR PERMIT:

Applications for liquidation sale permits shall be under oath, shall be filed with the Community Development Department not less that thirty (30) days prior to the proposed liquidation sale, and shall contain, in addition to the information required by Section 3-6-202 of this title:

A.    All facts regarding the nature and purpose of the liquidation sale;

B.    A complete inventory of the goods proposed to be sold, in sufficient detail to identify each item shown thereon by label, date of purchase and date of delivery or person from whom obtained; the inventory shall also show which items were purchased or received during the period of thirty (30) days immediately preceding the date of the application for permit and shall show each item ordered but not yet delivered and the purchase price of each such item, from whom ordered, and the expected date of delivery;

C.    The period of time over which the proposed liquidation sale is to continue; and

D.    Such other information as the City may require. [Formerly numbered Section 8-130; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2194.]

3-4-1605: INVESTIGATION:

Upon receipt of an application for a permit to engage in a liquidation sale, the Community Development Department shall refer the same to the Chief of Police for investigation and report. [Formerly numbered Section 8-131; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2194.]

3-4-1606: LIMITATION ON GRANTING PERMIT:

No permit shall be granted to engage in liquidation sale:

A.    If more than ten percent (10%) of the goods proposed to be sold in such sale shall have been purchased or shall have been received by the applicant during the period of thirty (30) days immediately preceding the application for a permit; provided, however, that this provision shall not apply if the business being liquidated is of such nature that an inventory turnover of more than ten percent (10%) per thirty (30) days is normal for such business; or

B.    If the applicant has had such a permit revoked within the six (6) preceding months. [Formerly numbered Section 8-132; renumbered by Ord. No. 3058, eff. 2/21/87; 2844.]

3-4-1607: DURATION OF PERMIT:

Permits to engage in liquidation sales shall not be granted for periods exceeding thirty (30) days, including Sundays and holidays, provided, however, that if it shall be made to appear, upon sworn application to the Community Development Department at any time during said period of thirty (30) days, that all the goods described and inventoried in the original application have not been sold, accompanied by an inventory or statement of what remains thereof, a permit supplemental to that provided for may be issued by the Community Development Department, upon the same terms and conditions as the original permit, granting authority to continue such sale for a further period of thirty (30) days. [Formerly numbered Section 8-133; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2194.]

3-4-1608: SCOPE OF PERMIT:

Permits to engage in liquidation sales, if granted, shall be valid only for the sale of those items listed in the inventory accompanying the application therefor. [Formerly numbered Section 8-134; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-1609: GROUNDS FOR REVOCATION OF PERMIT:

In addition to the grounds for revocation contained in Section 2-1-1521 of this code, any permit to engage in a liquidation sale may be revoked if the permittee:

A.    Receives any additional goods during such sale not shown upon the inventory; or

B.    Is guilty of unfair practice or unfair dealing in the conduct of such sale, or is perpetrating a fraud upon the public. [Formerly numbered Section 8-135; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-1610: FALSE STATEMENT IN APPLICATION:

No person shall make a false statement in the application for a license and permit under the provisions of this article. [Formerly numbered Section 8-136; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-1611: FALSE ADVERTISING:

No person shall advertise, represent, or otherwise disseminate to the public any information, whether oral or written, concerning liquidation sales which is false or misleading. [Formerly numbered Section 8-137; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-1612: EXEMPTION:

This article shall not apply to any officer of the court, Constable, or Sheriff, or to any person acting under the direction or order of any court provided by law in this State. [Formerly numbered Section 8-138; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 17. ESCORT BUREAU

3-4-1701: DEFINITIONS:

As used in this article, unless the context otherwise clearly indicates, “escort bureau” shall mean any business or agency which, for a fee, commission, hire, reward, or profit, furnishes, or offers to furnish escorts or persons who, for hire or reward, accompany others to or about social affairs, entertainments or places of amusement, or who consort with others, for hire or reward, about any place of public resort or within any private quarters. [Formerly numbered Section 8-139; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-1702: LICENSE FEE:

A.    Every person engaging in the business of an escort bureau shall pay an annual license fee in the amount designated in the Burbank Fee Resolution, as amended from time to time.

B.    Every person employed as an escort in an escort bureau shall pay an annual license fee in the amount designated in the Burbank Fee Resolution, as amended from time to time. [Formerly numbered Section 8-140; Amended by Ord. No. 3293, eff. 7/4/92; 3058.]

3-4-1703: APPLICATION FEE:

Every application for a license shall be accompanied by an application fee in the amount designated in the Burbank Fee Resolution, as amended from time to time. [Formerly numbered Section 8-141; Amended by Ord. No. 3293, eff. 7/4/92; 3058.]

3-4-1704: APPLICATION FOR LICENSE:

Application for such license shall be under oath and shall contain the following information:

A.    The name of the applicant and a complete statement regarding any and all true and fictitious names used by the applicant within five (5) years immediately prior to the date of filing the application;

B.    The residence address and telephone number of the applicant;

C.    The age, date and place of birth of the applicant;

D.    The place or places where the applicant will engage in their business, calling or employment;

E.    The nature and place of the applicant’s business or employment within five (5) years immediately prior to the date of filing the application;

F.    A photograph of the applicant taken within sixty (60) days immediately prior to the date of filing the application, which picture shall be two by two inches (2" x 2"), showing the head and shoulders in a clear and distinguishing manner;

G.    The finger- and thumbprints of the applicant, to be taken by the Police Department of the City;

H.    The name of at least two (2) reliable property owners of the County, who will certify as to the applicant’s good character or business responsibility; or in lieu of the names of such references, such other available evidence as to the good character or business responsibility of the applicant as will enable an investigator to properly evaluate such character or business responsibility;

I.    A statement that applicant has never been convicted of a crime involving moral turpitude, or a felony; or, if any such crime has been committed by the applicant, a complete statement of the nature of such crime and the place and date of conviction. [Formerly numbered Section 8-142; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-1705: PERMIT:

No person shall engage in the business of an escort bureau without a permit so to do from the Chief of Police. [Formerly numbered Section 8-143; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-1706: GRANTING OR REFUSAL OF PERMIT:

If the Chief of Police, after investigation, shall find the applicant for the permit is of good moral character and reputation, and that the business is to be conducted at a suitable and proper place and is not calculated or intended to be operated as a subterfuge for the conduct of any unlawful or immoral business or practice, then a permit shall be granted. Otherwise, the application shall be denied. [Formerly numbered Section 8-144; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-1707: LIMITATION ON ISSUANCE OF PERMIT:

No permit to engage in the business of any escort bureau shall be issued to, or in the name of, any organization, group, corporation, partnership, or entity other than an individual person; but the business may be advertised and carried on by the permittee’s fictitious name in the manner permitted by law; provided such fictitious name is first approved by the Chief of Police. [Formerly numbered Section 8-145; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-1708: REGISTRATION:

Each application for a permit must state the names and addresses of all escorts intended to be employed by the applicant and, if a permit be granted, the permittee must notify the Chief of Police in writing, within twenty four (24) hours, of any change in personnel with regard to escorts. All such escorts shall be registered by the Chief of Police; provided, however, that no escort shall be registered unless there be furnished to the Chief of Police satisfactory evidence of the good moral character of such. The registration of any escort may be cancelled for cause by the Chief of Police and thereafter no escort bureau shall employ, engage, or deal with such escort. Any escort who has had their registration cancelled by the Chief of Police may appeal to the Council from such decision in the manner provided in Section 2-1-1513 of this code. [Formerly numbered Section 8-146; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-1709: RECORDS:

A record shall be kept by each permittee showing every transaction whereby any escort is employed, furnished or arranged for on behalf of any patron or customer, the date and approximate hour of the transaction, the name, address and telephone number of the patron or customer, the name of each escort involved and such other information as the Chief of Police may reasonably require by rule or regulation. Such record shall be kept available and open to the inspection of any police officer at any time during business hours and shall be presented before the Chief of Police at any time upon written request therefor. [Formerly numbered Section 8-147; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-1710: GROUNDS FOR REVOCATION OF PERMIT:

In addition to the grounds for revocation contained in Section 2-1-1521, any permit to engage in the business of an escort bureau may be revoked upon any of the following grounds:

A.    That the permittee has, in the course of said business, committed, or caused, permitted, encouraged or condoned the commission of any act in violation of this article, or any lewd and immoral act, or any act of prostitution; or

B.    That the business has been conducted, in whole or in part, as a subterfuge to facilitate or to conceal the conduct of any unlawful or immoral business or practice. [Formerly numbered Section 8-148; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-1711: MINORS:

A.    No permittee under the provisions of this article shall employ, as an escort, any person under twenty one (21) years of age.

B.    No permittee under this article shall furnish any escort to, or accept employment from, any patron, customer, or person to be escorted who is under twenty one (21) years of age, except at the special instance and request of the parent, guardian or other person in lawful custody of the person on whose behalf the escort service is engaged. [Formerly numbered Section 8-149; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-1712: EXEMPTION:

The provisions of this article shall not apply to the lawful business of any employment agency licensed under the laws of the State. [Formerly numbered Section 8-150; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 18. SOLICITATION OF DONATIONS

DIVISION 1. GENERAL PROVISIONS

3-4-1801: DEFINITIONS:

As used in this article, unless the context otherwise clearly indicates;

CHARITABLE: Shall mean the words patriotic, philanthropic, social service, welfare, benevolent, educational, civic, social, or armed forces veteran either actual or purported.

CONTRIBUTIONS: Shall mean the words alms, food, clothing, money, subscription, property or donations under the guise of a gift or loan of money or property.

ORGANIZATION: Shall mean any association of persons whether incorporated, unincorporated, in partnership, or otherwise joined together for a common purpose.

PROMOTER: Shall mean any person who, for pecuniary compensation or consideration received, or to be received, solicits or is engaged in the business of or holds themselves out to the public as engaged in the business of soliciting contributions for or on behalf of any other person or any charitable organization or institution, or conducts, manages or carries on or agrees to conduct, manage or carry on or is engaged in the business of or holds themselves out as engaged in the business of conducting, managing or carrying on any drive or campaign for any such purpose; provided, however, that pecuniary compensation or consideration as used herein, shall include, but shall not be limited to, participation on a percentage basis in any fund solicited, or raised, for or on behalf of any other person or organization; provided further that no person who is a bona fide paid officer or employee of an organization or social service agency mentioned in subsection 3-4-1802A of this article shall be considered a promoter within the meaning of this article.

RELIGIOUS AND RELIGION: As used herein shall not mean the word “charitable” as herein defined, but shall be given their commonly accepted definitions.

SOLICIT AND SOLICITATION: Shall mean the request directly or indirectly of money, credit, property, financial assistance, or other thing of value on the plea or representation that such money, credit, property, financial assistance, or other thing of value will be used for a charitable purpose as those purposes are defined in this article. These words shall also mean and include the following methods of securing money, credit, property, financial assistance or other thing of value on the plea or representation that it will be used for a charitable purpose as herein defined:

A.    Any oral or written request;

B.    The distribution, circulation, mailing, posting or publishing of any handbill, written advertisement, or publication;

C.    The making of any announcement to the press, over the radio or television, or by telephone or telegraph 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 therewith; or

D.    The sale of, offer or attempt to sell, any advertisement, advertising space, book, card, chance, coupon, device, magazine, membership, merchandise, subscription, ticket or other thing in connection with which any appeal is made for any charitable purpose, or where the name of any charitable person is used or referred to in any such appeal as an inducement or reason for making any such sale, or when or where in connection with any such sale, any statement is made that the whole or any part of the proceeds from any such sale will go or be donated to any charitable purpose.

A “solicitation” as defined herein shall be deemed completed when made, whether or not the person making the same receives any contribution or makes any sale referred to in this section. The operation of a game of skill and science under the authority of Section 5-3-103 of this code shall not be deemed to constitute a “solicitation” as defined herein. [Formerly numbered Section 8-151; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-1802: APPLICABILITY AND EXCEPTIONS:

The provisions of this article, with the exception of Sections 3-4-1801 and 3-4-1816 of this article shall not apply:

A.    To any solicitation by or on behalf of the Burbank Community Chest or any of its affiliated organizations, the Boys Scouts of America, Girl Scouts of America, Campfire Girls, Young Men’s Christian Association, or any recognized charitable organization which has maintained a headquarters in the City continuously for a period of at least three (3) years or which has solicited contributions in the city annually for not less than three (3) years immediately preceding the effective date of this article, provided such solicitation in each of the foregoing exceptions is made without the services of a promoter or paid solicitor and provided further that each of the persons exempted hereunder shall nevertheless be required to file the report required by Section 3-4-1826 of this article;

B.    To any solicitation made upon premises owned or occupied by the organization upon whose behalf such solicitation is made;

C.    To any solicitation for the relief of any individual specified by name at the time of the solicitation where the solicitor represents in each case that the entire amount collected, without any deduction whatsoever, shall be turned over to the named beneficiary;

D.    To any organization soliciting contributions solely from persons who are members thereof at the time of such solicitation; and

E.    To solicitations made solely for evangelical, missionary, or religious purposes; provided, however, that in any case where it shall come to the attention of the City Manager that any solicitation has been or is being intended to be made for evangelical, missionary or religious purposes but in such manner as in the opinion of the City Manager is calculated to give or may give the impression to the person or persons solicited in any such solicitation or to the public that the purpose of such solicitation is either in whole or in part charitable, then the City Manager, if in their opinion the public interest will be subserved thereby, shall investigate the matter of such solicitation and give publicity to their findings thereon in such manner as they may deem best to advise the public of the facts of the case. [Formerly numbered Section 8-152; renumbered by Ord. No. 3058, eff. 2/21/87.]

DIVISION 2. SOLICITATIONS

3-4-1803: PERMIT:

A.    Unlawful to Solicit Without Permit: No person shall solicit, nor shall any officer or member of any organization authorize any person to solicit, any contribution for any charitable purpose unless such person or organization upon whose behalf the solicitation is made shall obtain a permit from the Community Development Director so to do.

B.    Application for Permit: Applications for such permit shall be filed with the Community Development Department and shall contain, in addition to the information required by Section 3-6-202 of this title, complete information as follows:

1.    An outline of the method to be used in conducting the solicitation;

2.    The time when the solicitation is to be made, giving the proposed dates for the beginning and ending thereof;

3.    The character and extent of the charitable work being done by applicant and where such work has been or will be done;

4.    The names, addresses, signatures, photographs, and finger- and thumbprints of the persons to be directly engaged in the proposed solicitation and the names of all promoters connected or to be connected with the proposed solicitation. Photographs shall be two inches by two inches (2"x 2") showing the head and shoulders in a clear and distinguishing manner and shall have been taken within sixty (60) days prior to the filing of the application;

5.    The purpose of the solicitations and use of the contribution to be solicited;

6.    A specific statement supported by reasons and, if available, figures, showing the need for the contribution proposed to be solicited;

7.    The character of such solicitation and how it will be made or conducted;

8.    The expenses of the solicitation, including, but not limited to, wages, fees, commissions, expenses or emoluments to be expended or paid to any person in connection with such solicitation and the names and addresses of all such persons, if any, regardless of the funds from which such expenses are payable;

9.    What portion of the contributions collected as a result of the solicitation will remain available for application to the specific purposes declared as the object of the solicitation;

10.    A specific statement of all contributions collected or received by such person or organization within the twelve (12) month period immediately preceding the filing of such application. The expenditures or use made of such contributions, together with the names and addresses of all persons or organizations receiving salaries, wages, compensation, commissions or emoluments from such contributions, and the respective amounts thereof;

11.    A copy of the resolution, if any, of such organization authorizing such solicitation, certified to as a true and correct copy of the original of such resolution by the officer of such organization having charge of the records thereof;

12.    A statement that the signers of such application have read and are familiar with the provisions of this article and will require all solicitors engaged in such solicitation to read and be familiar with all sections of this article prior to making any such solicitation; and

13.    A statement to the effect that if a permit is granted it will not be used or represented in any way as an endorsement of such solicitation by the City or any of its departments or officers.

C.    Permit Fee: Applications for a permit hereunder shall pay an annual permit fee in the amount set forth in the Burbank Fee Resolution.

D.    Additional Information: Whenever, in the opinion of the Community Development Director, the application does not disclose sufficient information concerning the facts required to be stated in such application or concerning the person or organization making such solicitation or on whose behalf such solicitation is made, then, upon request, there shall be filed with the Community Development Director, in writing, within forty eight (48) hours after such request, such additional information as may be required by the Community Development Director on the foregoing subjects; provided, however, that the Community Development Director, for good cause, may extend the time for filing such additional information.

E.    By Whom Signed: The application and any additional information requested shall be signed by the person intending to make the solicitation, or if the solicitation is to be by or on behalf of any organization by at least two (2) officers of such organization.

F.    Duration of Permit: No permit shall grant the right to solicit for longer than ninety (90) days from the date of issuance. The Community Development Director may extend any permit issued but in no event for a period to exceed six (6) months in any twelve (12) month period. All permits must be returned to the Community Development Department promptly upon the expiration thereof or notice of revocation or suspension thereof. [Formerly numbered Section 8-153; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 3623, 2194.]

3-4-1804: AGREEMENTS WITH PROMOTERS:

With each application for a permit hereunder there shall be filed a copy of each written agreement made with any agent, solicitor, promoter, manager or conductor of such solicitation, or if an agreement is not in writing a written statement setting forth the substance thereof. Within twenty four (24) hours after any change in any such agreement, or the making of any new or further agreement, a true copy of such change or agreement if in writing, or if not in writing, details thereof shall be filed with the Community Development Department. [Formerly numbered Section 8-154; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2194.]

3-4-1805: STANDARDS FOR GRANTING OR DENYING PERMITS:

A.    The Community Development Director shall grant the permit provided for in Section 3-4-1803 of this article whenever, after investigation and to the best of the knowledge and belief of the Community Development Director, the following facts are found to exist:

1.    That all the statements made in the application are true;

2.    That the applicant has a good character and reputation for honesty and integrity, or if the applicant is not an individual person, that every member, managing officer or agent of the applicant has a good character or reputation for honesty and integrity;

3.    That the control and supervision of the solicitation will be under responsible and reliable persons;

4.    That the applicant has not engaged in any fraudulent transaction or enterprise;

5.    That the solicitation will not be a fraud on the public;

6.    That the solicitation is prompted solely by a desire to finance the charitable cause described in the application, and will not be conducted primarily for private profit;

7.    That the cost of raising funds will be reasonable. Any such cost in excess of twenty five percent (25%) of the amount collected shall be considered to be unreasonable unless special facts are presented showing that peculiar reasons make a cost higher than twenty five percent (25%) reasonable in the particular case. Should any said facts be found lacking, the permit shall be denied. [Formerly numbered Section 8-155; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12.]

3-4-1806: OPEN TO INSPECTION OF PUBLIC:

All applications, additional information filed under Section 3-4-1803 of this article, and findings of fact and decisions of the Community Development Director shall be kept on file in the Community Development Department and shall be open to the inspection of the public. [Formerly numbered Section 8-156; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12.]

3-4-1807: REGISTRATION CARD:

A.    No person shall engage in any solicitation to which this article is applicable without having in their possession a registration card issued by the Community Development Department, containing the following:

1.    A statement to the effect that the holder is soliciting under a permit issued by the City but that such permit is not an endorsement of such solicitation, unless the Council has endorsed the solicitation in which case the card may contain a statement that the City endorses such solicitation; and

2.    The expiration date of the permit. The Community Development Department shall charge fees for registration cards issued as set forth in the Burbank Fee Resolution. All registration cards shall be promptly returned to the Community Development Department upon the expiration of the permit under which issued or upon notice of the revocation or suspension thereof. [Formerly numbered Section 8-157; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 3623, 2194.]

3-4-1808: PAID SOLICITORS; BOND; CHANGE OF ADDRESS OR EMPLOYMENT:

No person, other than a promoter duly acting under Division 3 of this article, shall for pecuniary compensation or consideration solicit contributions for or on behalf of any other person or charitable organization unless such person shall first furnish satisfactory proof to the Community Development Director, approved by the Chief of Police, that they are a person of good moral character, that their reputation for honesty is good, and unless they first file with the Community Development Department, and thereafter maintains, a surety bond in the sum of five hundred dollars ($500.00) conditioned for the payment of any direct pecuniary loss which may be sustained by any donee or any person on whose behalf any contribution was solicited or received through any act of theft committed by such person. The provisions applicable to the bond provided for in Section 3-4-1812 of this article shall also apply to bonds filed pursuant to this section. All persons to whom this section is applicable shall notify the Community Development Department of any change of address, and if employed to solicit by more than one person, shall also notify the Community Development Department of such fact and of any subsequent termination or change of employment. [Formerly numbered Section 8-158; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2194.]

DIVISION 3. PROMOTERS

3-4-1809: PERMIT REQUIRED:

No promoter shall in any manner whatsoever solicit contributions for any charitable purpose without a permit so to do from the Community Development Director. [Formerly numbered Section 8-159; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12.]

3-4-1810: APPLICATION FOR PERMIT:

Application for such promoter’s permit shall be filed with the Community Development Department and shall set forth, in addition to the information required by Section 3-6-202 of this title, the following:

A.    Character And Reputation: A statement of facts showing that the applicant, if an organization, is of good character and reputation, or if the applicant be a corporation that each of its managing officers and agents is of good character and reputation, or if the applicant be an unincorporated firm, association or partnership, that each of its members is of good character and reputation; and

B.    General Plan: The general plan, character and method in or by which applicant proposes to conduct its or their business as a promoter. [Formerly numbered Section 8-160; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2194.]

3-4-1811: PERMIT FEE:

All applications for a permit hereunder shall be accompanied by an application fee in the amount set forth in the Burbank Fee Resolution. [Formerly numbered Section 8-161; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03.]

3-4-1812: BOND:

The application for a permit shall also be accompanied by a surety bond in the amount determined by the City Attorney’s office in favor of the City for the use and benefit of interested persons and parties. It shall be conditioned upon the strict compliance by the principal, with the provisions of this article and the payment of any direct pecuniary loss sustained through any act of theft or on part of the principal, by any donor or by any person on whose behalf the funds or personal property were solicited or received by the principal. Any person who sustains any injury covered by said bond, may in addition to any other remedy that they may have bring an action in their own name upon said bond for the recovery of any damage sustained by them. 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 such penalty shall be exhausted. Immediately upon the recovery of such bond by court action or otherwise, the Community Development Director may, in their discretion, require the filing of a new bond, and such promoter shall file a new bond, and upon failure to file the same within ten (10) days in either case, the Community Development Director shall forthwith suspend such promoter’s license to solicit. The time within which any action may be brought against a surety bond or any bond filed hereunder, may be an express provision of the bond to that effect, be limited to a period of two (2) years from and after the date of discovery of a violation of the conditions thereof by the City or the person aggrieved of the act or default complained of. The surety bond shall comply with the requirements of Section 3-6-301 of this title. [Formerly numbered Section 8-162; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 3623.]

3-4-1813: GRANTING OR REFUSAL OF PERMIT:

A.    If the Community Department Director shall be satisfied:

1.    That the applicant is of good character and reputation, or that every managing officer or agent of the applicant, if the applicant is a corporation, is of good character and reputation, or if the applicant is an unincorporated firm, an association or partnership, each member thereof is of good character and reputation; and

2.    That applicant has sufficient financial responsibility to carry out the obligations incident to any solicitation such applicant may make within the City as such promoter and that all of the statements made in such application are and each of them is true and that neither the applicant nor any officer, agent or member of the applicant has violated any of the provisions of this article or has engaged in any fraudulent transaction or enterprise, and that the applicant intends to conduct their business fairly and honestly, the Community Development Director shall grant and issue to the applicant a permit to solicit contributions as a promoter; otherwise the Community Development Director shall deny the application and refuse to grant and issue a permit and shall notify the applicant of their decision; provided, however, that if the only ground for such refusal or denial is such that it does not substantially affect applicant’s honesty and integrity and if the inability of the applicant to meet any requirement will not in any way interfere with a proper performance by them in their duties as such promoter the Community Development Director may, in their discretion, waive such ground and grant the application. [Formerly numbered Section 8-163; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12.]

3-4-1814: EMPLOYING PAID SOLICITOR NOT REGISTERED:

No promoter shall employ any person for pecuniary compensation or consideration received or to be received by such person to solicit or receive in their behalf or at their instigation, under their direction and control or in their employment, any contribution unless such person is registered under and has complied with the provisions of Section 3-4-1807 and 3-4-1808 of this article. [Formerly numbered Section 8-164; renumbered by Ord. No. 3058, eff. 2/21/87; 2218.]

3-4-1815: COMMINGLING OF FUNDS BY PROMOTER:

No promoter shall commingle any contribution with the promoter’s own funds or property, or fail at any time to maintain and keep all contributions separate and apart from the promoter’s own funds or property. [Formerly numbered Section 8-165; renumbered by Ord. No. 3058, eff. 2/21/87.]

DIVISION 4. PROHIBITED SOLICITING ACTIVITIES

3-4-1816: FRAUD:

No person shall perpetrate any fraud in connection with solicitation of a contribution for charitable purpose. [Formerly numbered Section 8-166; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-1817: USE OF FICTITIOUS NAME OR ALIAS:

No person, in soliciting, shall use or give to any person whomsoever, either a fictitious name or an alias or any other than their full true and correct name, or make any such solicitation without at the time giving to the person solicited their own full, true and correct name. [Formerly numbered Section 8-167; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-1818: SOLICITING WITHOUT DISPLAYING REGISTRATION CARD:

No person shall solicit any contribution unless they first exhibit the registration card provided for in Section 3-4-1807 of this article and reads it to the person solicited or presents it to said person for their perusal, allowing them sufficient opportunity to read the same, before accepting any contributions so solicited. [Formerly numbered Section 8-168; renumbered by Ord. No. 3058, eff. 2/21/87; 2218.]

3-4-1819: SOLICITING BY PRINTED MATTER OR OVER THE RADIO, TELEVISION, TELEPHONE OR TELEGRAPH:

No person shall solicit any contribution by printed matter or published article, or over the radio or television emanating from the City of Burbank, or by telephone or telegraph, unless such publicity shall contain the data and information required to be set forth on the registration card provided for in Section 3-4-1807 of this article; provided, however, that under no circumstances shall any person for pecuniary compensation or consideration conduct or make any solicitation by telephone for or on behalf of any actual or purported charitable use, purpose, organization or institution unless they personally know the person solicited, and when any solicitation is made by telephone, the solicitor shall present to each person who consents, or indicates a willingness to contribute, prior to accepting a contribution from said person, such registration card or true written copy thereof. [Formerly numbered Section 8-169; renumbered by Ord. No. 3058, eff. 2/21/87; 2218.]

3-4-1820: SOLICITING FROM VEHICLES:

No person shall stop, stand or park any vehicle on any street within the “central traffic district” as defined in Section 6-1-102 of this code for the purpose of soliciting funds for or on behalf of any actual or purported charitable use, purpose, organization or institution. [Formerly numbered Section 8-170; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-1821: BEGGING OR SOLICITING ON STREET OR FROM DOORWAY:

A.    No person shall solicit any contribution for any purpose upon any street, or in any public park or in any publicly owned or controlled place, except by the express written permission of the City Manager.

B.    No person shall solicit any charitable contribution, or any contribution for any real or purported charitable purpose, by means of any box or receptacle in any place immediately abutting upon any public sidewalk or way, or in any place of business open to the public, or in any room, hallway, corridor, lobby or entranceway, or other place open to or accessible to the public, or in any place of public resort, without a permit as required by Section 3-4-1803 of this article and complying in every respect with the other provision of this article. [Formerly numbered Section 8-171; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-1822: SOLICITING FOR ASSOCIATIONS:

A.    No person shall engage in solicitation in the name of or on behalf of any charitable organization unless such solicitor has:

1.    Written authorization of two (2) officers of such organization, a copy of which shall be filed with the Community Development Department, which authorization and copy shall each bear a specimen signature of the solicitor and shall expressly state the period for which it is valid which shall not exceed the duration of the permit under which solicitation is being made; and

2.    Has such authorization with them when making solicitations and exhibits the same on request to persons solicited or police officers or authorized representatives of the Community Development Department. [Formerly numbered Section 8-172; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2194.]

DIVISION 5. RECEIPTS AND RECORDS

3-4-1823: GIVING WRITTEN RECEIPTS:

A.    No person shall solicit any contribution for any charitable purpose unless such person shall tender to each person making such contribution a written receipt signed by the solicitor which contains in addition to a description of the amount and kind of the contribution, substantially the following matters:

1.    The name of the organization, if any, in whose name or upon whose behalf the solicitation is made;

2.    A statement as to whether the contribution solicited is to be applied for the general purpose of such organization, if any, or for specific purposes, and if for specific purposes the nature thereof shall be clearly stated; provided, however, that no receipt need be given or tendered if the donation of money is made by placing of the same in a locked receptacle, of a kind previously approved by the Community Development Director in such manner that is impracticable to ascertain either the amount donated or the name of the donor, and if an inscription shall be conspicuously attached to such receptacle bears a number or other mark of identification, and if a written list showing by number the location or name of the solicitor in charge of each receptacle if there be more than one such receptacle shall have been previously filed with the Community Development Department, and provided, further, that no receipt need be given for any donation of money in an amount less than one dollar ($1.00). [Formerly numbered Section 8-173; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2194.]

3-4-1824: KEEPING BOOKS OF ACCOUNT:

Every charitable organization on whose behalf contributions are solicited shall maintain a system of accounting whereby all donations to it and all disbursements made by it are entered upon the books or records of its treasurer or other financial officer, and no person shall knowingly solicit any contributions for or on behalf of any such organization which fails, neglects or refuses to comply with this provision. [Formerly numbered Section 8-174; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-1825: INSPECTION OF RECORDS:

Upon request by the Community Development Director, every applicant or permittee hereunder shall make available for inspection by said Community Development Director or any person designated in writing by said Community Development Director as their representative for such purpose, all of the applicant’s or permittee’s books, records and papers at any reasonable time before the permit is granted, during the time a permit is in effect, or after a permit has expired. [Formerly numbered Section 8-175; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12.]

3-4-1826: FILING REPORT:

Every charitable organization on whose behalf contributions are solicited shall file a report with the Community Development Department within thirty (30) days after the close of any such solicitation stating the contributions secured therefrom or as a result thereof, itemizing all expenses, and showing exactly for what uses and in what manner such contributions were or are to be disbursed or distributed. Such report shall be signed by at least two (2) officers of such organization with authority to do so. [Formerly numbered Section 8-176; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2194.]

ARTICLE 19. NEW BUSINESSES

3-4-1901: PERMIT REQUIRED FOR NEW BUSINESSES:

Every person, whether acting for themselves or for another person, who establishes a business at a fixed location in the City, shall obtain a permit therefor from the Community Development Department. Obtaining a business permit as required by this article shall not entitle the permittee to carry on any business unless the permittee has complied with all of the provisions of this code and State and Federal law, where applicable. [Added by Ord. No. 2434; formerly numbered Section 8-178; Amended by Ord. No. 3828, eff. 8/24/12; 3401, 3058.]

3-4-1902: PERMIT FEE FOR NEW BUSINESSES:

Each applicant for a permit required by Section 3-4-1901 of this article shall pay a permit fee in the amount specified in the Burbank Fee Resolution, unless a registration fee is paid under the provisions of Section 2-4-810 of this code. [Added by Ord. No. 2434; formerly numbered Section 8-179; Amended by Ord. No. 3495, eff. 10/17/98; 3401, 3058.]

3-4-1903: APPROVAL BY PLANNING DIVISION:

Before any permit is issued under the provisions of Section 3-4-1901 of this article, the application shall be referred for approval to the Planning Division. [Added by Ord. No. 2434; formerly numbered Section 8-180; Amended by Ord. No. 3401, eff. 5/13/95; 3058, 2502.]

ARTICLE 20. FILM PERMITS5

3-4-2001: DEFINITIONS:

“FILMING ACTIVITIES” shall mean and include all activity attendant to staging or shooting commercial motion pictures, television shows or programs, commercials, digital media, still photography, or student films produced to satisfy a school course requirement at an educational institution, in any medium including film, tape or digital format.

“CHARITABLE FILMS” shall mean commercials, motion pictures, television, digital media or still photography produced by a nonprofit organization, which qualifies under Section 501(c)(3) of the Internal Revenue Code as a charitable organization. No person, directly or indirectly, shall receive a profit from the marketing and production of the Charitable Film or from showing the Charitable Films, tapes, or photos.

“CHIEF OF POLICE” shall mean the Chief of Police of the City of Burbank, or the Chief’s designee.

“NEWS MEDIA” shall mean Filming Activities conducted by agents or employees of any organization whose main purpose is the dissemination of news, current or recent events or happenings, including but not limited to newspapers, news services, television or cable news shows or similar forums. This will also include spontaneous, unplanned television news broadcasts (breaking news) or reporting for print media by reporters, photographers or camerapersons.

“STUDIO” shall mean a fixed place of business certified as such by the City of Burbank Fire Department as either an “Approved Production Facility” or a “Production Studio,” as defined in the California Fire Code, Chapter 48, Sections 4801 et seq. (as may be amended), where Filming Activities (motion or still photography) are regularly conducted upon the premises. “STUDIO” shall not include a “Production Location” as defined by the California Fire Code, which is any area or facility outside a Studio used for the purpose of conducting Filming Activities. [Added by Ord. 19-3,920, eff. 11/1/19.]

3-4-2002: PERMITS AND EXEMPTIONS:

A.    Permit required: No person shall use any public or private property, facility or residence for the purpose of engaging in Filming Activities without first applying for and receiving a permit from the Chief of Police.

B.    Exemptions: No film permit shall be required for any of the following Filming Activities:

1.    News Media: The provisions of this Article shall not apply to or affect reporters, photographers or camerapersons in the employ of a newspaper, news service, or similar entity engaged in on-the-spot print media, publishing or broadcasting, of news events concerning those persons, scenes or occurrences which are in the news and of general public interest.

2.    Personal/Family Video: The recording of visual images (motion or still photography) solely for private personal use, and not for commercial use unless extraordinary circumstances are involved as defined in the Film Permit Rules and Regulations.

3.    Studio Filming: Filming Activities (motion or still photography) conducted at a Studio.

4.    City Filming: Filming Activities conducted by the City or on their behalf. [Added by Ord. 19-3,920, eff. 11/1/19.]

3-4-2003: RULES AND REGULATIONS:

A.    Rules: The Chief of Police is hereby authorized and directed to promulgate reasonable rules and regulations, subject to approval by the City Attorney or their designee, governing the form, time, and location of any film activity set forth within the City. The Chief of Police will also provide for the issuance of permits. The rules and regulations shall be based upon the following criteria:

1.    The health and safety of all persons;

2.    Mitigation of disruption to all persons within the affected area;

3.    The safety of property within the City; and

4.    Traffic congestion at particular locations within the City.

B.    Applicants/permittees shall comply with the rules and regulations and any modifications thereto.

C.    A copy of the most current version of the rules and regulations shall be kept at the City Clerk’s Office and the Burbank Police Department, and posted on the City’s website at all times. [Added by Ord. 19-3,920, eff. 11/1/19.]

3-4-2004: APPLICANTS AND ISSUANCE:

A.    Issuing Authority: The issuing authority shall be the Chief of Police.

B.    Applications: The following information shall be included in the application:

1.    The representative of the property and their email address and cell phone number, as well as the address, email address and telephone number of the place at which the Filming Activities are to be conducted;

2.    The specific location at such address or place;

3.    The inclusive hours and dates when the Filming Activities will occur;

4.    A general statement describing the character or nature of the proposed Filming Activities;

5.    The name, address, email address, and cell phone number of the person or persons in charge of such Filming Activities;

6.    The exact number of personnel to be involved;

7.    Activity which may cause public alarm, such as the use of any animals, gunfire or pyrotechnics, low flying helicopters and/or unmanned aircraft systems (drones);

8.    The exact amount/type of vehicles/equipment to be employed along with a parking plan; and

9.    All applicable documentation (remote pilot certificate, UAS registration certificate, waivers, description of flight operations, etc.) if a UAS (drone) is being used.

C.    Fee Schedule: The City may adopt a fee schedule for issuance of film permits.

D.    Reimbursement for Personnel: The permittee shall reimburse the City for any personnel provided to the permittee (e.g., police, fire, traffic) for the purpose of assisting the Filming Activities.

E.    Change of Date: Upon the request of the applicant, the Chief of Police will have the ability, upon a showing of good cause, to change the date for which the permit has been issued, provided established limitations are complied with in respect to time and location. [Added by Ord. 19-3,920, eff. 11/1/19.]

3-4-2005: LIABILITY PROVISIONS:

A.    Liability Insurance: Before a permit is issued, a certificate of insurance will be required in an amount established in the Rules and Regulations, naming the City of Burbank, as additional insured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage. Higher liability limits or separate aerial coverage shall be required for the use of helicopters and/or drones. City of Burbank its officers, employees, agents, and volunteers, shall also be named as additional insureds. An applicant must provide evidence of insurance coverage that will not expire until the completion of all planned Filming Activities, including the strike and restoration of all locations. A copy of the certificate will remain on file. The required insurance shall be maintained by the applicant/permittee for the duration of the film permit and the applicant/permittee shall notify the City immediately, and cease all Filming Activities, if any required insurance coverage is cancelled prior to the expiration or termination of the film permit. The provisions of Section 3-6-302 shall not apply to the insurance coverage required by this Article in connection with the issuance of film permits.

B.    Worker’s Compensation Insurance: An applicant shall conform to all applicable Federal and State requirements for Worker’s Compensation Insurance for all persons operating under a film permit.

C.    Hold Harmless Agreement: An applicant shall execute a hold harmless agreement as provided by the City prior to the issuance of a permit under this Article.

D.    Security Deposit: To ensure cleanup and restoration of location sites, an applicant may be required to submit a refundable deposit when conducting Filming Activities on City-owned property (amount to be determined by the City). Upon completion of filming and inspection of the site by the City, if no verifiable damage has occurred, the security deposit shall be returned to the applicant. If damage has occurred to the property, the applicant/permittee shall pay for and repair the property to the reasonable satisfaction of the City, and the security deposit shall be returned in full upon the completion of such repairs. If the applicant/permittee fails to complete such repairs within a reasonable time, the City may repair such property and deduct the City’s actual repair costs from the security deposit, and the applicant/permittee shall pay for any difference in the City’s actual repair costs where such costs exceed the amount of the security deposit. [Added by Ord. 19-3,920, eff. 11/1/19.]

3-4-2006: VIOLATION:

If a person or entity violates any provisions of this ordinance or a film permit issued pursuant thereto, the City may provide the applicant/permittee with verbal or written notice of such violation. If the applicant/permittee fails to correct the violation, the City may revoke the film permit and all Filming Activities must cease. In addition, the matter may be referred to the City Prosecutor for criminal prosecution, as an infraction or misdemeanor. [Added by Ord. 19-3,920, eff. 11/1/19.]

ARTICLE 21. STATE VIDEO SERVICE FRANCHISES

3-4-2101: PURPOSE AND INTENT:

The purpose of this article is to implement within the jurisdictional boundaries of the City of Burbank the provisions of the Digital Infrastructure and Video Competition Act of 2006. Assembly Bill 2987 (Ch. 700, Stats. 2006) codified at Public Utilities Code Sections 5800 et seq. (hereinafter “DIVCA”). Consistent with that purpose, the provisions of this article shall be construed in a manner that is consistent with DIVCA and the applicable rules and regulations of the California Public Utilities Commission promulgated thereunder. If a specific statute referred to in this article should be amended, renumbered or recodified, then the reference shall be deemed to refer to the statute as amended, renumbered or recodified. [Added by Ord. No. 2721; formerly numbered Section 8-192; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3745, eff. 7/25/08.]

3-4-2102: DEFINITIONS:

For the purposes of this article, the following words, terms, phrases, and abbreviations and their similar formulations shall have the meanings given below:

CABLE OPERATOR: Shall have the meaning set forth in California Public Utilities Code Section 5830(c)

CITY: Means the City of Burbank.

CITY MANAGER: Means the duly appointed City Manager of the City, or their designee.

COMMISSION: Means the California Public Utilities Commission.

DIVCA: Means the Digital Infrastructure and Video Competition Act of 2006. Assembly Bill 2987 (Ch. 700, Stats. 2006) codified at California Public Utilities Code Sections 5800 et seq.

EDUCATIONAL ACCESS: Means access where accredited educational institutions are the primary or designated programmers or users having editorial control over their programming.

GOVERNMENTAL ACCESS: Means access where governmental institutions or their designees are the primary or designated programmers.

GROSS REVENUE: Shall have the meaning set forth in California Public Utilities Code § 5860.

PEG: Means public, educational and governmental access.

PUBLIC ACCESS: Means access where organizations, groups or individual members of the general public, on a nondiscriminatory basis, arc the primary or designated programmers or users having editorial control over their programming.

STATE FRANCHISEE: Means any cable operator or video service provider that, pursuant to DIVCA, has been granted a state franchise by the commission to provide cable or video service by means of communications service equipment or facilities and whose video service area includes all or any part of the incorporated limits of the City.

VIDEO SERVICE: Shall have the meaning set forth in California Public Utilities Code Section 5830(s).

VIDEO SERVICE PROVIDER: Shall have the meaning set forth in California Public Utilities Code Section 5830(t). [Added by Ord. No. 2721; formerly numbered Section 8-193; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3745, eff. 7/25/08.]

3-4-2103: STATE VIDEO FRANCHISE FEES:

A.    Any state franchisee operating within the boundaries of the City of Burbank shall pay a fee to the City equal to five percent (5%) of” the gross revenue of that state franchisee.

B.    Any state franchisee operating within the boundaries of the City of Burbank shall pay an additional fee to the City in an amount not to exceed to one percent (1%) of the gross revenue of that state franchisee, which fee shall be used by the City for PEG purposes consistent with state and federal law. The amount of the fee shall be as set forth in the Burbank Fee Resolution or as otherwise set forth in a resolution adopted by the City Council.

C.    The PEG fee established in Subsection B. is reauthorized and shall apply to all existing state video franchises, renewals of state video franchises and any new state video franchises operating within the boundaries of the City of Burbank. [Added by Ord. No. 2721; formerly numbered Section 8-194; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 17-3,891, eff. 4/28/17; 3745.]

3-4-2104: AUDIT AUTHORITY:

Not more than once annually, the City Manager may examine and perform an audit of the business records of a state franchisee to ensure compliance with section 3-4-2103. [Added by Ord. No. 2721; formerly numbered Section 8-195; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3745, eff. 7/25/08.]

3-4-2105: CUSTOMER SERVICE STANDARDS:

A.    A state franchisee shall comply with all applicable state and federal customer service and protection standards pertaining to the provision of video service.

B.    The City Manager shall monitor the compliance of each state franchisee with respect to state and federal customer service and protection standards. The City Manager shall provide the state franchisee written notice of any material breach of applicable customer service standards, and allow the state franchisee holder 30 days from the receipt of the notice to remedy the specified material breach. Material breaches not remedied within the 30-day time period will be subject to the following penalties to be imposed by the City:

1.    For the first occurrence of a violation, a fine of up to $500.00 may be imposed for each day the violation remains in effect, not to exceed $1,500.00 for each violation.

2.    For a second violation of the same nature within 12 months, a fine of up to $1,000.00 may be imposed for each day the violation remains in effect, not to exceed $3,000.00 for each violation.

3.    For a third or further violation of the same nature within 12 months, a fine of up to $2,500.00 may be imposed for each day the violation remains in effect, not to exceed $7,500.00 for each violation.

C.    A state franchisee may appeal a penalty assessed by the City Manager to the City Council within 60 days of the initial assessment. The City Council shall hear all evidence and relevant testimony and may uphold, modify or vacate the penalty. The City Council’s decision on the imposition of a penalty shall be final. [Added by Ord. No. 2721; formerly numbered Section 8-196; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3745, eff. 7/25/08.]

3-4-2106: CITY RESPONSE TO STATE FRANCHISE APPLICATION:

Applicants for a state franchise within the boundaries of the City of Burbank must concurrently provide complete copies to the City of any application or amendments to applications filed with the commission. One complete copy must be provided to the City Clerk, and one complete copy to the City Manager. The City Manager may provide information or comments to the commission regarding an application for a new state franchise or an application to amend an existing state franchise. [Added by Ord. No. 2721; formerly numbered Section 8-197; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3745, eff. 7/25/08.]

ARTICLE 22. MASSAGE ESTABLISHMENTS AND MASSAGE TECHNICIANS

DIVISION 1. GENERAL PROVISIONS

3-4-2201: DEFINITIONS:

As used in this article, unless the context otherwise clearly indicates, the following words and phrases shall have the meanings hereinafter set forth:

CHAIR MASSAGE: The application of any method of massage without the use of any supplementary aids as listed in the definition of “massage” in this section, performed while the recipient of the massage is fully clothed and seated in a chair specially designed for the purpose of seated massage.

FULLY CLOTHED: For a person to be covered with articles of opaque clothing typically worn in public view. Bathing suits and garments, including, but not limited to, bras, panties, boxer shorts, lingerie or other articles of clothing considered to be underwear, worn exclusively, are prohibited for purposes of the definition of “chair massage” in this section.

HEALTH DEPARTMENT: The County of Los Angeles Department of Health Services.

MASSAGE: 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, bathing, touching, binding, painting, irritating, 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, soaps, ointments or other similar preparations commonly used in this practice.

MASSAGE ESTABLISHMENT: An establishment having a fixed place of business where any person engages in, conducts or carries on, or permits to be engaged in, conducted, or carried on, any business of giving or furnishing massages, baths, administration of fomentation, electric or magnetic treatments, alcohol rubs, or any other type of system for treating or manipulating the human body.

MASSAGE TECHNICIAN: Any masseur, masseuse or other individual who, for any form of consideration, gives or administers to another individual a “massage” as defined in this section.

OFF PREMISES MASSAGE: The activity of providing massage at any location other than the fixed place of business of a massage establishment having a valid and outstanding permit issued pursuant to this article.

OFF PREMISES MASSAGE BUSINESS: Any business enterprise having a source of income or compensation derived from the practice of massage, and which has a fixed place of business for receiving the requests of patrons for massages, but massages are performed elsewhere.

OFF PREMISES MASSAGE TECHNICIAN: Any individual who, for any form of consideration, gives or administers a massage to another individual at a location other than one having a valid and outstanding massage establishment permit issued pursuant to this article.

PERMIT: The permit required to be obtained from the Community Development Department for the operation of a massage establishment or an off premises massage business, or for performing the activities of a massage technician or an off premises massage technician.

PERSON: Any individual, firm, partnership, corporation, association, or any combination of individuals of whatever form or character.

SEXUAL OR GENITAL AREA: The genitals, pubic area, buttocks, anus or perineum of any person, or the vulva or breasts of a female. [Added by Ord. No. 2909; formerly numbered Section 8-200; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 3635.]

3-4-2202: APPLICABILITY AND EXCEPTIONS:

The provisions of this article shall have no application and no effect upon and shall not be construed as applying to the following:

A.    Treatment administered in good faith in the course of practice of any healing art or profession by any person licensed to practice any such art or profession under the Business and Professions Code of the State of California, or any other law of this State, including physicians, surgeons, chiropractors, osteopaths, and physical therapists.

B.    Barbers and beauticians who are duly licensed under the laws of the State of California while engaging in practices within the scope of their licenses, except that this exception shall apply solely to the massaging of the neck, face, scalp and hair of the customer or client.

C.    Any business, calling or profession over which the State has assumed exclusive jurisdiction as a matter of statewide concern and which gives the services or treatments included in the term “massage”, as herein defined, as incident to such business, calling or profession, nor shall they apply to regularly established hospitals, athletic associations, or athletic teams. [Added by Ord. No. 2909; formerly numbered Section 8-201; renumbered by Ord. No. 3058, eff. 2/21/87.]

DIVISION 2. MASSAGE ESTABLISHMENTS AND OFF PREMISES MASSAGE BUSINESSES

3-4-2203: LICENSE FEE:

A.    Massage Establishment: Every person engaging in the business of owning or operating a massage establishment shall pay an annual license fee in the amount set forth in the Burbank Fee Resolution.

B.    Off Premises Massage Business: Every person engaging in the business of owning or operating an off premises massage business shall pay an annual license fee in the amount set forth in the Burbank Fee Resolution. [Added by Ord. No. 2909; formerly numbered Section 8-202; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03.]

3-4-2204: MASSAGE ESTABLISHMENT AND OFF PREMISES MASSAGE BUSINESS PERMITS; APPLICATION AND PROCEDURE:

A.    Permit Required: It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted, or carried on, upon any premises in the City, the operation of a “massage establishment” or of an “off premises massage business”, as herein defined, without first obtaining a permit so to do from the Community Development Department. The possession of a valid massage establishment permit or an off premises massage business permit does not authorize the permittee to perform work for which a massage technician permit is required.

B.    Permit Fee: Applicants for a permit hereunder shall pay a nonrefundable permit application fee in the amount set forth in the Burbank Fee Resolution, plus the actual cost of any inspection by the Health Department required under subsection D of this section.

C.    Application For Permit; Contents: Any person desiring to obtain a permit to operate a massage establishment or an off premises massage business shall make application under penalty of perjury to the Community Development Department, which application shall be submitted in duplicate and shall contain the following information:

1.    If the applicant is a corporation or partnership, it shall designate one of its officers or general partners to act as its responsible managing officer, and such person shall complete and sign all application forms required by the Community Development Department.

2.    If the applicant is a partnership, there shall be submitted a copy of any partnership agreement, which shall be certified by the responsible managing officer.

3.    If the applicant is a limited partnership, there shall be submitted a copy of the limited partnership agreement, if any, and the certificate of limited partnership as filed with the County Clerk, which documents shall be certified by the responsible managing officer.

4.    If the applicant is a corporation, or a partner of any partnership is a corporation, then the name of the corporation shall be set forth exactly as shown in the Articles of Incorporation, together with any authorizations to issue or transfer stock, as well as proof that said corporation is in good standing and, if a foreign corporation, duly authorized to transact business in the State of California.

5.    The exact name, including any fictitious name, if applicable, under which the business is to be operated.

6.    A description of the service or services to be provided, the address of the proposed location, and the facilities thereof.

7.    A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant.

8.    The names and residence addresses of all massage technicians who are or will be employed, or acting as independent contractors, in the massage establishment or the off premises massage business.

9.    The massage or similar business license history of the applicant; whether such person, in previously operating in this or another city or state has had a business license or permit revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation.

10.    Every applicant for a permit, whether an individual or combination of individuals, and each partner or limited partner of an applicant, if a partnership applicant, and every officer, director, and each stockholder holding five percent (5%) or more of the stock of a corporate applicant, shall furnish the following information:

a.    The full name, date of birth, current residence and business address, and telephone numbers.

b.    California driver’s license number or California identification number and social security number, if any.

c.    Any other names or aliases, including nicknames, used within five (5) years immediately prior to the date of filing the application.

d.    Each residence and business address for the five (5) years immediately prior to the date of filing the application, and the inclusive dates of each such address.

e.    Written proof that each individual is at least eighteen (18) years of age.

f.    Height, weight, sex, color of eyes and hair, photograph and finger- and thumbprints. Photographs shall be two inches by two inches (2" x 2") showing the head and shoulders in a clear manner and shall have been taken within sixty (60) days prior to the filing of the application.

g.    The massage or similar business license or permit history of each individual; whether such individual, in previously operating in this or any other city or state, has had a business license or permit revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation.

h.    The name and address of any massage business or other establishment currently owned or operated by such individual wherein the business of massage is conducted.

i.    Any conviction, forfeiture of bond, or plea of nolo contendere upon any criminal violation or city ordinance violation (except minor traffic violations), within a five (5) year period, and, if so, the place and court in which such conviction, plea or forfeiture was heard, the specific charge, and the sentence imposed as a result thereof.

j.    The names, current addresses and written statements of at least two (2) reliable property owners of Los Angeles County who will certify as to such individual’s good character or business responsibility; or, in lieu of such references, such other available evidence as to the good character or business responsibility of such individual as will enable the Chief of Police to properly evaluate such character or business responsibility.

11.    The name and address of the record owner and lessor of the real property upon or in which the massage establishment or off premises massage business is to be conducted, and a copy of the lease or rental agreement. If the applicant is not the legal owner of the property, the application must be accompanied by a notarized acknowledgment from the record owner of the property that a massage establishment or an off premises massage business will be located on said property.

12.    Authorization for the City, its agents and employees, to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit.

13.    Such other identification and information as may be necessary to verify the truth of the matters hereinabove specified as required to be set forth in the application.

D.    Permit Procedures:

1.    Subsequent to the filing of an application for a massage establishment permit or an off premises massage business permit, the Community Development Department office shall transmit the application to the Chief of Police for investigation and report pursuant to Section 3-6-206 of this title.

2.    Upon filing an application for an existing massage establishment permit, the Community Development Department office shall notify the Health Department. The Health Department shall cause an inspection to be made of the premises for which a permit is desired within twenty (20) days to ascertain if the premises are in compliance with all applicable health laws. If the premises are in compliance, the Health Department shall issue a letter to the Community Development Department office so stating. If the premises are not in compliance, the Health Department shall issue a letter and shall reinspect the premises no more than twice upon written request of the applicant who shall pay all costs thereof. If a letter of full compliance is not issued by the Health Department within ninety (90) days of the date of the filing of the application, the application shall be deemed withdrawn and a new application must be filed. New massage establishments shall receive a permit subject to a timely compliance of this section, as authorized in subsection D7 of this section.

3.    The Community Development Department, concurrently with the referral of an application to the Chief of Police, shall also refer such application to the Fire Department, Building Department, and Community Development and Planning Department to investigate and ascertain within the scope, jurisdiction and duties of said departments, whether the premises to be used are suitable, proper and adequate, and comply with the law for the issuance of the permit.

4.    The investigating officers or representatives of said departments shall file with the Community Development Department their reports in writing, stating the extent of their investigation, particulars of objections, and their recommendations.

5.    The Community Development Department, within ten (10) days after receiving the above mentioned recommendations, shall in its discretion grant or refuse to grant the permit.

6.    In addition to grounds for refusal set forth in Section 3-6-603 of this title, no permit shall be granted:

a.    In violation of any provision of this code or the applicable laws of the State of California; or

b.    If it is found that the applicant, or any other person who will be directly or indirectly engaged in the ownership, management or operation of the massage establishment or the off premises massage business:

(1)    Has knowingly made any false, misleading or fraudulent statement of facts in the permit application, or any other document required by the City in conjunction therewith; or

(2)    Is not eighteen (18) years of age or older; or

(3)    Has had a massage establishment, off premises massage business, massage technician, or other similar permit or license denied, revoked, or suspended by the City or any other State or local agency within five (5) years prior to the date of application; or

(4)    Has been convicted or has entered a plea of guilty or nolo contendere to a felony or any crime of moral turpitude or any offense involving sexual misconduct including, but not limited to, any crime or offense specified in Section 51032 of the Government Code, as amended from time to time, or is required to register under the provisions of Section 290 of the Penal Code, unless the Chief of Police finds that the offense is not reasonably related to the occupation being regulated.

7.    The Community Development Department shall issue the permit if granted. The permit shall be limited to the uses requested in the application and subject to such other restrictions, terms and conditions as the Community Development Department may prescribe. Permits may be granted conditionally in order to ensure compliance with the provisions of this article. [Added by Ord. No. 2909; formerly numbered Section 8-203; Amended by Ord. No. 3828, eff. 8/24/12; 3623, 3211, 3058.]

3-4-2205: OPERATING REQUIREMENTS AND FACILITIES:

The operating requirements for a massage establishment and for an off premises massage business are as set forth in subsection A of this section. The facilities requirements for a massage establishment are as set forth in subsection B of this section. No permit to conduct a massage establishment or an off premises massage business shall be granted unless an inspection is made under the provisions of this section, and it is determined that the applicant complies with the minimum requirements set forth in subsection A or B of this section, as may be applicable. A permit previously issued shall be subject to revocation or suspension if any such requirements are not met. Proof of compliance with all applicable provisions of this section shall be provided to the Community Development Department, Chief of Police, or their authorized representatives upon request.

A.    Operating Requirements for Massage Establishments and Off Premises Massage Businesses:

1.    Each person employed or acting as a massage technician shall have a valid permit issued by the Community Development Department. It is unlawful for any owner, operator, responsible managing officer, manager or permittee in charge of or in control of a massage establishment or off premises massage business to employ or permit a person to act as a massage technician who is not in possession of a valid, massage technician permit issued pursuant to the provisions of Division 3 of this article.

2.    Massage services may be provided only between the hours of seven o’clock (7:00) A.M. and eleven o’clock (11:00) P.M. A massage establishment shall have at least one person who has a valid massage technician’s permit on the premises at all times while the establishment is open for business.

3.    A list of services available and the cost of such services shall be posted in an open and conspicuous place on the business premises. The services shall be described in readily understandable language.

4.    The owner, operator, responsible managing employee, manager or permittee of a massage establishment or an off premises massage business shall display in an open and conspicuous manner on the business premises the permit issued therefor and a true and correct copy of the permit of each and every massage technician employed thereby, and shall provide to every patron who so requests the information contained in such permits.

5.    A permittee shall notify the Chief of Police in writing, within forty eight (48) hours, of any change in personnel with regard to massage technicians.

6.    Every permittee operating a massage establishment shall cause to be kept, and every off premises massage technician employed by an off premises massage business shall keep, a record of the date, hour and place of each treatment, the name of the massage technician administering such treatment, and the type of treatment administered. Each patron shall be required to supply reliable verification of their identity. Said record shall be open to inspection by officials charged with the enforcement of these provisions for the purposes of law enforcement and for no other purpose. The information furnished or secured as a result of any such inspection shall be confidential. Any unauthorized disclosure or use of such information by any officer or employee of the City shall constitute a misdemeanor, and any such officer or employee shall be subject to the penalty provisions of this code in addition to any other penalties provided by law. Said records shall be maintained for a period of two (2) years.

7.    No person owning, operating, or managing a massage establishment or an off premises massage business shall knowingly cause, allow or permit any agent, employee, or any other person under their control or supervision to perform acts prohibited by State or local laws or ordinances. “Knowingly” includes both actual and constructive knowledge.

8.    No massage establishment or off premises massage business holding a permit under this article shall depict, place, publish, distribute, or cause to be depicted, placed, published or distributed any advertising matter that suggests to prospective patrons that any services are available other than those services permitted by this article, or which would suggest that employees, attendants or massage technicians are dressed in any manner other than that permitted by this article, and all advertisements shall contain the number of the City permit held by the massage establishment or the off premises massage business.

9.    No massage establishment or off premises massage business shall operate as a school of massage, nor operate in the same location, nor use the same facilities as that of a school of massage except as otherwise may be provided by law.

10.    All massage technicians, employees and attendants shall wear clean, nontransparent outer garments covering the sexual or genital areas, the use of which garments is restricted to the massage establishment, or, in the case of an off premises massage business, to the location where massage services are administered.

11.    The sexual or genital areas of patrons shall be covered with towels, clothes or undergarments when in the presence of an employee, attendant or massage technician, whether in a massage establishment or, in the case of an off premises massage business, at any location where off premises massage is administered.

12.    It shall be unlawful for any person employed by a massage establishment or by an off premises massage business to place their hand upon or to touch with any part of their body, or to fondle in any manner, or to massage, a sexual or genital area of any patron.

B.    Facilities Requirements for Massage Establishments:

1.    The Health Department shall, from time to time, and at least once a year, make an inspection of each massage establishment in the City for the purposes of determining that the health provisions of the laws of the State of California and ordinances of the City of Burbank are met. The actual costs of any such inspection shall be added to the annual permit renewal fee.

2.    A minimum of one tub or shower and one toilet and wash basin shall be provided for the patrons in every massage establishment location; however, if male and female patrons are to be served simultaneously at said establishment, separate toilet facilities shall be provided for male and female patrons. In those establishments where steam rooms or sauna baths are provided, if male and female patrons are to be served simultaneously, separate steam rooms or sauna rooms shall be provided for male and female patrons. Hot and cold running water under pressure shall be provided to all wash basins, bathtubs, showers, and similar equipment. Each wash basin shall be provided with soap or detergent and sanitary towels placed in permanently installed dispensers. A trash receptacle shall be provided in each toilet room. In addition to the wash basin provided for patrons, a minimum of one separate wash basin shall be provided in each massage establishment which basin shall provide soap or detergent and hot and cold running water at all times and shall be located within or as close as practicable to the area devoted to the performing of massage services. In addition, there shall be provided at each wash basin, sanitary towels placed in permanently installed dispensers. Exception: If the wash basin for the patrons is not in the toilet room, but is adjacent thereto, this wash basin will meet the separate wash basin requirement if it is reasonably close to the area devoted to the performing of massage. Any business whose primary function is not massage but offers “chair massage”, as defined in section 3-4-2201 of this chapter, is exempt from this requirement if all of the following conditions are met:

(a)    The massage technician and the person receiving the chair massage shall remain “fully clothed”, as defined in section 3-4-2201 of this chapter, at all times.

(b)    The chair massage must take place within public view in a well lit area at all times; such massage shall not take place in any private area of any building or room.

(c)    At no time may any part of the massage technician’s body or any mechanical device or apparatus operated by the massage technician touch any “sexual or genital area”, as defined section 3-4-2201 of this chapter.

(d)    Chair massage may not take place in any business establishment which has as a primary business activity the serving of food, beverages or alcoholic beverages.

3.    Minimum ventilation shall be provided in accordance with the Uniform Building Code.

4.    Minimum lighting shall be provided in accordance with the Uniform Building Code and, in addition, at least one artificial light of not less than sixty (60) watts shall be provided in each enclosed room or booth where massage services are being performed on a patron.

5.    All walls, ceilings, floors, pools, showers, bathtubs, wet and dry heat rooms, steam or vapor rooms, tables and all other physical facilities shall be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms or cabinets, showers, compartments and toilet rooms shall be thoroughly cleaned at least once each day the establishment is in operation. Bathtubs shall be thoroughly cleaned after each use.

6.    Clean and sanitary towels, sheets and linens shall be provided for each patron of the establishment or each patron receiving massage services. No common use of towels or linens shall be permitted. Towels, sheets and linens shall be provided in sufficient quantity and shall not be used by more than one person unless they have been first relaundered. Heavy white paper may be substituted for sheets; provided, that such paper is used once for each person and then discarded into a sanitary receptacle. Separate closed cabinets or containers shall be provided for the storage of clean and soiled linen and shall be plainly marked: “clean linen”, “soiled linen”.

7.    Disinfecting agents and sterilizing equipment approved by the Health Department shall be provided for any instruments used in performing any massage.

8.    Pads used on massage tables shall be covered in a workmanlike manner with durable, washable plastic or other waterproof material acceptable to the Health Department.

9.    All exterior doors shall be unlocked from the interior side during business hours.

10.    A separate locker shall be provided for each person to be served, which locker shall be capable of being locked and available at no extra charge.

11.    No person shall enter, be or remain in any part of a massage establishment while in the possession of, consuming, or using any alcoholic beverage or drugs. The owner, operator, responsible managing officer, manager or permittee shall not permit any such person to enter or remain upon such premises.

12.    A readable sign shall be posted at the main entrance identifying the establishment as a massage establishment: provided, that all such signs shall comply with the sign requirements of the City. [Added by Ord. No. 2909; formerly numbered Section 8-204; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. 3828, eff. 8/24/12; 3635.]

3-4-2206: REVOCATION AND SUSPENSION OF PERMIT:

Any permit issued under this Division 2 shall be summarily and temporarily suspended by the Chief of Police upon information and belief, or knowledge, that the holder of such permit has violated or failed to comply with any of the provisions concerning operating requirements and facilities set forth in Section 3-4-2205 of this article, or has failed to enforce said provisions. Such suspension shall be accomplished by posting a notice thereof on the premises over the place where the permit is posted and as required by Title 2, Chapter 1, Article 15 of this code. [Added by Ord. No. 2909; formerly numbered Section 8-205; renumbered by Ord. No. 3058, eff. 2/21/87; 3048.]

DIVISION 3. MASSAGE TECHNICIANS

3-4-2207: LICENSE FEE:

Every individual employed or engaged in business as a massage technician shall pay an annual license fee in the amount set forth in the Burbank Fee Resolution. [Added by Ord. No. 2909; formerly numbered Section 8-206; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03.]

3-4-2208: MASSAGE TECHNICIAN PERMIT; APPLICATION AND PROCEDURE:

A.    Permit Required: It shall be unlawful for any individual to engage in the business of acting or act as a massage technician unless such individual holds a valid massage technician permit issued by the Community Development Department. This section shall not apply to the classes of individuals exempted in Section 3-4-2202 of this article.

B.    Permit Fee: Applicants for a permit hereunder shall pay a nonrefundable permit application fee in the amount set forth in the Burbank Fee Resolution, plus the actual cost of any examination conducted by the Health Department pursuant to Section 3-4-2209 of this article.

C.    Application for Permit; Contents: Any individual desiring to obtain a massage technician permit shall make application under penalty of perjury to the Community Development Department, which application shall be submitted in duplicate and shall contain the following information:

1.    The full name, date of birth, current residence and business address, and telephone numbers.

2.    California driver’s license number or California identification number and social security number, if any.

3.    Any other names or aliases, including nicknames, used within five (5) years immediately prior to the date of filing the application.

4.    Each residence and business address for the five (5) years immediately prior to the date of filing the application, and the inclusive dates of each such address.

5.    Written proof that the applicant is at least eighteen (18) years of age.

6.    Height, weight, sex, color of eyes and hair, photograph and finger- and thumbprints. Photographs shall be two inches by two inches (2" x 2") showing the head and shoulders in a clear manner and shall have been taken within sixty (60) days prior to the filing of the application.

7.    The massage or similar business license or permit history of the applicant; whether such applicant, in previously operating in this or any other city or state, has had a business license or permit revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reason therefor.

8.    The business, occupation and employment history of the applicant for the five (5) years immediately preceding the date of the application and the address of each and every location where such business, occupation and employment was engaged in or performed.

9.    Any conviction, forfeiture of bond, or plea of nolo contendere upon any criminal violation or city ordinance violation (except minor traffic violations), within a five (5) year period, and, if so, the place and court in which such conviction, plea or forfeiture was heard, the specific charge, and the sentence imposed as a result thereof.

10.    The names, current addresses and written statements of at least two (2) reliable property owners of Los Angeles County who will certify as to such individual’s good character or business responsibility; or, in lieu of such references, such other available evidence as to the good character or business responsibility of such individual as will enable the Chief of Police to properly evaluate such character or business responsibility.

11.    A certificate from a medical doctor, licensed to practice in the State of California, issued within thirty (30) days immediately prior to the filing of the application, stating that the applicant has been examined and found to be free of any contagious or communicable disease as of the date of such examination.

12.    The business address and all telephone numbers of any massage establishment where the massage is to be practiced, and if other than a massage establishment, the place or places where the applicant will engage in the practice of massage.

13.    Such other identification and information necessary to discover the truth of the matters hereinbefore specified as required to be set forth in the application.

14.    Authorization for the City, its agents and employees, to seek information and conduct an investigation into the truth of the statements set forth in the application and qualifications of the applicant for the permit. [Added by Ord. No. 2909; formerly numbered Section 8-207; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 3623.]

3-4-2209: EXAMINATION REQUIRED:

A.    Upon application for a massage technician permit, and after applicant has paid the required fee and furnished the required information, each applicant shall take and pass an examination of qualifications within thirty (30) days preceding the date of issuance of the massage technician permit.

B.    The examination required by this section shall be conducted by the Health Department, shall be such as to fairly determine the ability of the applicant to properly perform the work which the applicant would be authorized to do by the permit applied for, and shall cover the following subjects: anatomy, physiology, hygiene, and the practice and theory of massage as “massage” is defined in this article. The examination shall include both a practical demonstration and a written test. In the grading of the examination, practical demonstrations shall prevail over written tests; that is, a greater number of credits shall be allowed on practical demonstrations than on written tests.

C.    Any applicant who fails to pass an examination shall not be eligible to take another examination until four (4) weeks after taking the previous examination, and any such examination shall be at applicant’s expense. Any applicant who fails to pass upon the third trial shall not be eligible to take another examination for six (6) months thereafter. [Added by Ord. No. 2909; formerly numbered Section 8-208; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-2210: INVESTIGATION, GROUNDS FOR DENIAL, AND ISSUANCE:

A.    Subsequent to the filing of an application for a massage technician permit, the Community Development Department shall transmit the application to the Chief of Police for investigation and report pursuant to Section 3-6-206 of this title. There after, the Chief of Police or their representative shall file with the Community Development Department a report stating the extent of any investigation, particulars of objections, and recommendations.

B.    In addition to grounds for refusal set forth in Section 3-6-603 of this title, no permit shall be granted:

1.    In violation of any provision of this code or the applicable laws of the State of California; or

2.    If it is found that the applicant:

a.    Has knowingly made any false, misleading or fraudulent statement of facts in the permit application, or any other document required by the City in conjunction therewith; or

b.    Is not eighteen (18) years of age or older; or

c.    Has had a massage technician or other similar permit or license denied, revoked or suspended by the City or any other State or local agency within five (5) years prior to the date of application; or

d.    Has been convicted of or has entered a plea of guilty or nolo contendere to a felony or any crime of moral turpitude or any offense involving sexual misconduct including, but not limited to, any crime or offense specified in Section 51032 of the Government Code, as amended from time to time, or is required to register under the provisions of Section 290 of the Penal Code, unless the Chief of Police finds that the offense is not reasonably related to the occupation being regulated.

C.    Within thirty (30) days after the applicant passes the examination of qualifications specified herein, or after receipt of the report of the Chief of Police, whichever is last to occur, the Community Development Department shall in its discretion grant or refuse to grant the permit. The Community Development Department shall issue the permit if granted. The permit shall be personal to the applicant and nontransferable and shall be limited to the uses requested in the application and subject to such other restrictions, terms and conditions as the Community Development Department may prescribe. Permits may be granted conditionally in order to ensure compliance with the provisions of this article. [Added by Ord. No. 2909; formerly numbered Section 8-209; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12.]

3-4-2211: OFF PREMISES MASSAGE TECHNICIANS; PERMIT ENDORSEMENT REQUIRED:

A.    Permit Required: No person shall engage in the business of acting, or act as an off premises massage technician unless such person holds a valid and outstanding massage technician permit issued by the Community Development Department and endorsed for off premises work.

B.    Endorsement: A massage technician permit shall be endorsed by the Community Development Department for off premises work upon application by the permittee if the following conditions exist:

1.    The permit is valid and there are no pending proceedings for its revocation or suspension.

2.    The applicant pays a fee of twenty five dollars ($25.00) for such endorsement.

C.    Operating Requirements: In addition to those requirements set forth in subsection 3-4-2205A of this article which expressly or by necessary implication apply to off premises massage technicians, the following operating requirements shall be applicable:

1.    No individual holding an off premises massage technician permit shall perform any “off premises massage”, as defined in Section 3-4-2201 of this article, in any hotel, motel or commercial establishment that does not have a valid massage establishment permit.

2.    Each off premises massage technician permittee shall display the permit therefor to any patron who so requests.

3.    Upon any change of employer, an off premises massage technician permittee shall inform the Chief of Police within forty eight (48) hours of such change. [Added by Ord. No. 2909; formerly numbered Section 8-210; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12.]

DIVISION 4. MISCELLANEOUS PROVISIONS

3-4-2212: OPERATIVE DATE:

Any person conducting or carrying on an establishment or business described herein, and all individuals operating or engaged as a masseur, masseuse or massage technician on the date this article becomes effective, shall apply for and obtain, if qualified therefor, the licenses and permits required by this article within ninety (90) days of its effective date. [Added by Ord. No. 2909; formerly numbered Section 8-211; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-2213: NOTIFICATION OF CHANGE:

An applicant for a permit to operate or conduct a massage establishment or an off premises massage business, or a holder of such a permit, shall report immediately to the Community Development Department any change in address of any person having a financial interest in such massage establishment or off premises massage business, or any transfer of financial interest therein. [Added by Ord. No. 2909; formerly numbered Section 8-212; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12.]

3-4-2214: VIOLATION AND PENALTY:

A.    Violation of this article is a misdemeanor and is punishable as provided for in this code. Revocation of a license or permit shall not be a defense against prosecution.

B.    Any massage establishment or off premises massage business operated, conducted or maintained contrary to the provisions of this article shall be, and the same is hereby, declared to be unlawful and a public nuisance, and the City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or proceeding for the abatement, removal and enjoinment thereof, in the manner provided by law; and the City Attorney shall take such other steps and shall apply to such court as may have jurisdiction to grant such relief as will abate or remove such massage establishment or off premises massage business and restrain and enjoin any person from operating, conducting, or maintaining such establishment or business contrary to the provisions of this article. [Added by Ord. No. 2909; formerly numbered Section 8-213; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-2215: ANNUAL RENEWAL APPLICATION:

A.    Every permit issued under this article shall expire on June 30 of each year.

B.    An unrevoked permit may be renewed for one year on written application to the Community Development Department made on or before July 1 of each year, accompanied by the required renewal fee; provided, however, that said renewal application shall not be made prior to May 15 of said year.

C.    An applicant for renewal of a massage technician permit shall update, under penalty of perjury, all information set forth on the original application for permit, and shall submit a new certificate from a medical doctor as required by subsection 3-4-2208C11 of this article.

Renewal of such permit shall not require passage of an examination. The annual permit renewal fee shall be in the amount set forth in the Burbank Fee Resolution and, if endorsed for off premises work, the additional sum in the amount set forth in the Burbank Fee Resolution. If the permittee fails to deliver such a medical certificate or fails to provide such updated information, or fails to pay the above referenced renewal fee, within thirty (30) days following the anniversary date of the massage technician permit, then said permit shall be null and void and shall be revoked by operation of this subsection C.

D.    An applicant for renewal of a massage establishment permit or off premises massage business permit shall update, under penalty of perjury, all information set forth on the original application for permit, and shall be subject to an inspection by the Health Department to determine if the permittee is in compliance with all applicable health laws. The annual permit renewal fee shall be in the amount set forth in the Burbank Fee Resolution, plus the actual cost of any inspection by the Health Department required hereunder. If the permittee fails to provide such updated information, or fails to obtain a letter of compliance from the Health Department, or fails to pay the above referenced fee, within thirty (30) days following the anniversary date of the permit, then said permit shall be null and void and shall be revoked by operation of this subsection D. [Added by Ord. No. 2909; formerly numbered Section 8-214; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 3623.]

3-4-2216: NEW APPLICATION AFTER DENIAL OR REVOCATION OF PERMIT:

No person may apply for any permit authorized by this article within one year from any denial or revocation of such permit unless the cause of the denial or revocation has, to the satisfaction of the Community Development Department or Chief of Police, been removed within such time. [Added by Ord. No. 2909; formerly numbered Section 8-215; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12.]

3-4-2217: NO EFFECT ON ZONING LAW:

The payment of license and permit fees hereunder shall be independent of any processing of an application for a conditional use permit or other zoning matters relating to the location of massage establishments or off premises massage businesses within the City. [Added by Ord. No. 2909; formerly numbered Section 8-216; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 23. PSYCHIC ARTS/FORTUNETELLING

3-4-2301: DEFINITIONS:

As used in this article, unless the context otherwise clearly indicates, “fortune-telling” shall mean and include telling of fortunes, forecasting of future events or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force, including, but not limited to, clairvoyance, clairaudience, cartomancy, phrenology, spirits, tea leaves or other such reading, mediumship, seership, prophecy, astrology, palmistry, necromancy, mind-reading, telepathy, or other craft, art, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, or magic, of any kind or nature for any form of consideration. [Added by Ord. No. 3279, eff. 12/14/91.]

3-4-2302: LICENSE FEE:

It shall be unlawful for any person to engage, conduct, carry on, participate in or practice fortune-telling or cause the same to be done without having first obtained a license from the Community Development Department and paying a license fee in an amount as designated in the Burbank Fee Resolution, as amended from time to time. [Added by Ord. No. 3279, eff. 12/14/91; Amended by Ord. No. 3828, eff. 8/24/12.]

3-4-2303: PERMIT APPLICATION PROCEDURE:

A.    Permit Required: It shall be unlawful for any person to engage, conduct, carry on, participate in or practice fortunetelling or cause the same to be done without having first obtained a permit from the Community Development Department.

B.    Permit Fee: Applicants for a permit hereunder shall pay a nonrefundable permit application fee in an amount as designated in the Burbank Fee Resolution, as amended from time to time.

C.    Application for Permit; Contents: Any person desiring to obtain a fortune-telling permit shall make application under penalty of perjury to the Community Development Department, which application shall be submitted in duplicate and contain the following information:

1.    Applicant’s full name, date of birth, current residence and business addresses and telephone numbers.

2.    The exact business name, including any fictitious name, if applicable, under which the applicant plans to conduct business.

3.    A description of the service or services to be provided, the address of the proposed location, and the facilities thereof.

4.    A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant.

5.    Applicant’s California Driver’s License number or California identification number and social security number, if any.

6.    Any conviction, forfeiture of bond, or plea of nolo contendere upon any criminal violation or city ordinance violation, excluding minor traffic violations, within the five (5) years immediately prior to the date of filing the application and, if so, the place and court in which such conviction, plea or forfeiture was heard, the specific charge, and the sentence imposed as a result thereof.

7.    Applicant’s height, weight, sex, color of eyes and hair, photograph, and finger- and thumbprints. Photographs shall be two inches by two inches (2" x 2") showing the head and shoulders in a clear manner and shall have been taken within sixty (60) days prior to the filing of the application.

8.    Applicant’s business, occupation and employment history for the five (5) years immediately preceding the date of the application and the address of each and every location where such business, occupation and employment was engaged in or performed.

9.    Authorization for the City, its agents and employees, to seek information and conduct an investigation into the truth of the statements set forth in the application for the permit and any subsequent renewal application.

D.    Police Investigation: Subsequent to the filing of an application for a fortune-telling permit, the Community Development Department shall transmit the application to the Chief of Police for investigation and report pursuant to Section 3-6-206 of this title. Thereafter, the Chief of Police or their representative shall file with the Community Development Department, within thirty (30) days after the filing of the application, their report in writing, stating the extent of the investigation, particulars of objections (if any) and recommendations. If more than thirty (30) days is required to complete this investigation, the applicant shall be so notified. If the report recommends denial of the permit to the applicant, the grounds for the recommended denial shall be set forth therein.

E.    Approval of Permit: The Community Development Department, within ten (10) days after receiving the above-mentioned report, shall approve or conditionally approve the permit if the following findings are made:

1.    All of the information contained in the application and supporting data is true;

2.    The applicant has not, within three (3) years from the date of the application, been convicted of any violation of this article or crimes involving larceny, perjury, bribery, extortion, fraud, or similar crimes involving moral turpitude;

3.    The applicant has paid the required business license and permit fees; and

4.    The applicant agrees to abide by and comply with all conditions of the permit and applicable laws.

F.    Issuance of Permit: The Community Development Department shall issue the permit if granted. The permit shall be personal to the applicant and nontransferable and shall be limited to the uses requested in the application. Permits may be granted conditionally in order to ensure compliance with the provisions of this article. [Added by Ord. No. 3279, eff. 12/14/91; Amended by Ord. No. 3828, eff. 8/24/12.]

3-4-2304: DISPLAY OF LICENSE AND PERMIT:

The fortune-telling license and permit or copies thereof, certified by the Community Development Department, shall be conspicuously posted at the place of business of every fortune-telling practitioner. If the fortune-telling is provided at a location other than the fortune-telling practitioner’s permanent place of business, the fortune-telling practitioner shall show a true and correct copy of the fortune-telling license and permit, on demand, to any client or person authorized to enforce the provisions of this article. [Added by Ord. No. 3279, eff. 12/14/91; Amended by Ord. No. 3828, eff. 8/24/12.]

3-4-2305: ANNUAL PERMIT RENEWAL APPLICATION:

A.    Expiration of Permit: Every permit issued under this article shall expire on June 30 of each year.

B.    Renewal of Permit: An unrevoked permit may be renewed for one year on written application to the Community Development Department; provided, however, that said renewal application shall not be made prior to May 15 of said year. A renewal application shall be processed in the same manner as a new application.

C.    Application Update: An applicant for renewal of fortune-telling permit shall update, under penalty of perjury, all information set forth in the original permit application.

D.    Renewal Fee: Applicants for renewal of a fortune-telling permit shall pay a nonrefundable annual permit renewal fee as set forth in the Burbank Fee Resolution. [Added by Ord. No. 3279, eff. 12/14/91; Amended by Ord. No. 3828, eff. 8/24/12.]

3-4-2306: NEW APPLICATION AFTER DENIAL OR REVOCATION OF PERMIT:

No person may apply for any permit authorized by this article within one (1) year from any denial or revocation of such permit unless the cause of the denial or revocation has, to the satisfaction of the Community Development Department or Chief of Police, been removed within such time. [Added by Ord. No. 3279, eff. 12/14/91; Amended by Ord. No. 3828, eff. 8/24/12.]

3-4-2307: POSTING OF FEES:

A.    Required Information: Each person required to obtain a fortunetelling permit shall post on their business premises a sign containing the following information:

1.    The true name of the fortune-telling practitioner;

2.    Each service provided by the fortune-telling practitioner;

3.    The fees charged for each service provided by the fortune-telling practitioner;

4.    The statement, “by law, this business is prohibited from charging or soliciting any fee, payment or remuneration beyond these established rates”.

B.    Manner of Posting: The sign required by this section shall be prominently posted in the interior of the business premises at a point near the entry and shall be conspicuously visible to every person seeking the services of the fortune-telling practitioner. The sign lettering shall be of uniform size with each letter at least one-half inch (1/2") in height.

C.    Services Provided At Other Location: If the fortune-telling service is provided at a location other than the fortune-telling practitioner’s permanent place of business, the fortune-telling practitioner shall provide the information required by this section on an eight and one-half inch by eleven inch (8 1/2" x 11") paper, legibly printed or typewritten. The paper shall also include the name and permanent address of the person providing the fortune-telling services. A true, correct and complete copy of such paper shall be given to each client prior to providing any fortunetelling services.

D.    No Fees in Excess of Posted Fees: No person shall charge any fee, payment, remuneration, or item of value for fortune-telling services in excess of the fees set forth on a sign or paper required by this section. [Added by Ord. No. 3279, eff. 12/14/91.]

3-4-2308: RECEIPTS:

A.    Prior to the acceptance of any money or item of value from a client, the fortune-telling practitioner shall issue a written receipt to the client, clearly showing the following:

1.    Date:

2.    License number of fortune-telling practitioner;

3.    Name of client, if desired by the client;

4.    Amount of money received or specific description of item of value received; and

5.    Service for which the money or item of value was received.

[Added by Ord. No. 3279, eff. 12/14/91.]

3-4-2309: CLIENT’S RECORD OF CONSULTATION:

No person engaging in fortune-telling services shall prohibit a client from making an audio recording or taking written notes of the information conveyed by the fortunetelling practitioner. [Added by Ord. No. 3279, eff. 12/14/91.]

3-4-2310: EXCEPTION; ENTERTAINMENT:

The provisions of this article shall not apply to any person engaged solely in the business of entertaining the public by demonstrations of fortune-telling at public places and in the presence of and within the hearing of all other persons in attendance and at which no questions are answered as part of such entertainment except in a manner to permit all persons present at such public place to hear such answers. [Added by Ord. No. 3279, eff. 12/14/91.]

3-4-2311: EXCEPTION; RELIGIOUS PRACTICE:

A.    The provisions of this article shall not apply to any person conducting or participating in any religious ceremony or service when such person holds a certificate of ordination as a minister, missionary, medium, healer, clairvoyant, or similar position (hereinafter collectively referred to as “minister”) from any bona fide church or religious association, provided that the minister holding a certificate of ordination from such bona fide church or religious association, shall file with Community Development Department the following documents and information:

1.    Proof of the current State and Federal tax exempt status of such church;

2.    A certified copy of the minister’s certificate of ordination; and,

3.    The minister’s name, age, and the address and telephone number within the City where the activity set forth in this section is to be conducted.

[Added by Ord. No. 3279, eff. 12/14/91; Amended by Ord. No. 3828, eff. 8/24/12.]

ARTICLE 24. HEALTH CLUBS

3-4-2401: INTENT AND PURPOSE:

The purpose of this section is to serve the interests of citizens who utilize health club services within the City of Burbank, and specifically to provide such citizens with an effective and expedient method of obtaining refunds in the event their health club ceases to operate and thereafter fails to provide prompt and equitable refunds. Nothing in this chapter is intended to limit or be inconsistent with the provisions or requirements of California Civil Code Section 1812.80 et seq. [Added by Ord. No. 3369, eff. 4/23/94.]

3-4-2402: DEFINITIONS:

For the purposes of this article, the following words or phrases shall have the following meanings:

BOND: Shall mean a surety or financial guaranty bond executed through an admitted surety or insurer in a manner approved by the City Attorney, assuring refunds to consumers whose health club closes and terminates operations, and thereafter fails to provide refunds within thirty (30) days of such closure.

HEALTH CLUB: Shall mean any corporation, business organization or other entity which offers or provides to the public, on a membership basis, services, facilities, instruction, training or assistance in body building, exercising, reducing, figure development, aerobics, or any other similar physical activity.

HEALTH CLUB CLOSURE: Shall mean the discontinuation of health club services pursuant to the terms and conditions set forth, and at the location specified, in the original health club contract. This shall not include temporary closures for a period of fourteen (14) days or less, or for such longer period of time that may be demonstrated to the City’s Community Development Diector, or their designee, as being reasonably necessary for the purpose of making repairs or alterations to existing health club facilities.

HEALTH CLUB CONTRACT: Shall mean any contract in the form and manner prescribed by California Civil Code Section 1812.80 et seq., between a health club and consumer for health club services.

REFUND: Shall mean the return to the consumer of an amount equal to the prorated 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 as part of the refund if such fees were paid within two (2) years of the date of the health club closure. [Added by Ord. No. 3369, eff. 4/23/94; Amended by Ord. No. 3828, eff. 8/24/12.]

3-4-2403: LICENSE AND PERMIT REQUIREMENTS:

No person, corporation, business organization or other entity shall engage in or otherwise operate as a “health club” within the meaning of Section 3-4-2402 of this article without first having obtained a business license and permit issued by the Community Development Director, or their designee, subject to the requirements set forth within this article. Subsequent to the issuance of any health club business license and permit under this chapter, said business license and permit shall at all times be conspicuously displayed for public view upon the health club premises. [Added by Ord. No. 3369, eff. 4/23/94; Amended by Ord. No. 3828, eff. 8/24/12.]

3-4-2404: BOND REQUIREMENTS:

No business license or permit shall be issued or renewed under this chapter unless the applicant, concurrent with the submission of a business license, permit or tax certificate application, files a “bond”, as defined in Section 3-4-2402 of this article, with the Community Development Director, or their designee, meeting all of the following requirements and conditions:

A.    The surety or financial guaranty bond is in the amount set forth in the Burbank Fee Resolution;

B.    The surety or financial guaranty bond becomes expressly enforceable upon the applicant’s failure to provide proof to the Community Development Director, or their designee, that full refunds, as defined within Section 3-4-2402 of this article, have been made to all members of said health club within thirty (30) days of the date of the health club closure;

C.    The surety or financial guaranty bond contains an express acknowledgement by the admitted surety insurer of its obligations, pursuant to a health club closure, to calculate and administer all claims for refunds to all health club members following said health club’s closure; and

D.    The surety or financial guaranty bond shall be maintained in full force and effect in the required amounts and pursuant to all express provisions set forth within this chapter, as a condition for allowing any health club to continue to conduct operations within the City of Burbank. Any business license, permit, or tax certificate issued pursuant to this code, shall become automatically revoked at such time that any bond, for whatever reason(s), ceases to be valid.

E.    Health clubs with more than one (1) location in the City, which have the same business name, and are vested and operate under the same ownership, including but not limited to a sole proprietorship, corporation, partnership, or limited partnership, shall meet the bonding requirements of this Article by providing one (1) health club bond to satisfy the bonding requirements for up to two (2) separate health club locations. Thereafter, each required health club bond shall satisfy the bonding requirements for up to two (2) separate health club locations provided that the health club locations have the same business name, and are vested and operate under the same ownership, including but not limited to a sole proprietorship, corporation, partnership, or limited partnership. [Added by Ord. No. 3369, eff. 4/23/94; Amended by Ord. No. 3828, eff. 8/24/12; 3763, 3623.]

3-4-2405: ADMINISTRATION OF REFUNDS PURSUANT TO HEALTH CLUB CLOSURE:

A.    Processing and Disbursement of Refunds: If, within thirty (30) days following a health club closure, any health club fails to return to its members all appropriate refunds as defined within Section 3-4-2402 of this article, the admitted surety insurer issuing a surety or financial guaranty bond required under Section 3-4-2404 of this article, shall thereafter have all of the following obligations:

1.    To establish a health club refund account comprised of the bond proceeds forfeited by a health club upon the failure to meet its refund obligations following the health club’s closure;

2.    To receive and review all membership claims for refunds following the health club closure; and

3.    To determine the validity of all membership claims for refunds following the health club closure, and to disburse refunds to those members entitled to receive them.

B.    Limitations on Refund Claims: Unless good cause is shown, no claim for a refund shall be paid to any health club member after six (6) months from the date of the health club closure. Nothing in this section shall limit or otherwise affect the rights of health club members to pursue alternative civil remedies that may be available to them under State or Federal law. [Added by Ord. No. 3369, eff. 4/23/94.]

3-4-2406: EXEMPTIONS:

The provisions of Section 3-4-2404 of this article requiring a surety or financial guaranty bond, shall not be made applicable to any corporation, business organization or other entity which is eligible for an exemption based on any one of the following criteria:

A.    The corporation, business organization or other entity does not fall within the definition of a “health club” as set forth within the provisions of Section 3-4-2402 of this article, including, but not limited to, any of the following:

1.    Any corporation, business organization or other entity offering facilities, instruction, training or assistance exclusively in conjunction with any of the martial arts;

2.    Any corporation, business organization or other entity offering facilities, instruction, training or assistance exclusively in conjunction with the areas of diet or weight loss; and

3.    Any corporation, business organization or other entity offering facilities, instruction, training or assistance exclusively in conjunction with the areas of dance or ballet.

B.    The health club is a nonprofit organization eligible for a tax exemption pursuant to California Revenue and Taxation Code Section 23701(d);

C.    The health club does not require or accept prepayment of membership fees or other service charges for any time period greater than one month in advance, and does not impose any separate initiation fee in excess of one month’s prepaid fees or other service charges. [Added by Ord. No. 3369, eff. 4/23/94.]

3-4-2407: APPLICANT BACKGROUND INVESTIGATIONS:

A.    The City’s Community Development Director, or their designee, acting in conjunction with the Chief of Police, or their designee, may direct an investigation into the background of any applicant for a health club business license, permit or tax certificate, or any agent or other person or entity who may be required to be named on an application by the Community Development Director, or their designee, relevant to any of the following factors, the existence of any one of which may be determinative insofar as the issuance or denial of a business license or permit under this chapter:

1.    That operation of the health club in the location specified would be violative of any existing laws or ordinances; or

2.    That any applicant, agent or other person or entity required to be named on the application for business license, permit or tax certificate has, within five (5) years of the date of said application, been convicted of any crime that is reasonably related to the qualifications, duties or performance of the health club enterprise for which a business license, permit or tax certificate is sought; or

3.    That any applicant, agent or other person or entity required to be named on the application for business license, permit or tax certificate has, within five (5) years of the date of said application, committed any act which would be grounds for suspension or revocation of any other existing health club license or permit; or

4.    That any applicant, agent or other person or entity required to be named on the application for business license, permit or tax certificate has, within five (5) years of said application, committed any act involving fraud, dishonesty, deceit, or moral turpitude; or

5.    That any applicant, agent or other person or entity required to be named on the application for business license, permit or tax certificate has knowingly, and with the intent to deceive, made any false, misleading or fraudulent statement of fact in connection with the City’s application process.

B.    Any modification of information required to be included in an application for a health club business license, permit or tax certificate shall be reported to the Community Development Director within twenty-four (24) hours after such modification becomes effective. [Added by Ord. No. 3369, eff. 4/23/94; Amended by Ord. No. 3828, eff. 8/24/12.]

3-4-2408: TRANSFERABILITY OF BUSINESS LICENSE:

No business license, permit or tax certificate issued to any health club applicant pursuant to the provisions of this chapter is assignable, delegable or otherwise transferable. [Added by Ord. No. 3369, eff. 4/23/94.]

ARTICLE 25. RETAIL TOBACCO SALES

3-4-2501: PURPOSE AND INTENT:

A.    It is the intent of the City Council, in enacting this ordinance, to encourage responsible tobacco retailing and to discourage violations of tobacco-related laws, especially those which prohibit or discourage the sale or distribution of tobacco and nicotine products to minors.

B.    Further, it is the intent of the Council in enacting the amendments to this ordinance to further the public health of all Burbank’s constituents, but especially underage consumers, and the amendments are focused on those products marketed directly to our community’s youth. [Added by Ord. No. 3714, eff. 3/27/07; Amended by Ord. No. 19-3,921, eff. 11/15/19.]

3-4-2502: DEFINITIONS:

For the purpose of this Article 25, Retail Tobacco Sales, the following terms shall have the meanings defined in this section unless the context clearly requires otherwise:

A.    ARM’S LENGTH TRANSACTION: Shall mean 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, partners, corporate or other entities which have some or all of the same directors and/or principles, or any sale for which a significant purpose is avoiding the effect of the violations of this article is not an Arm’s Length Transaction.

B.    CHARACTERIZING FLAVOR: Shall mean a taste or aroma, other than the taste or aroma of tobacco, imparted prior to or during consumption of a Tobacco Product or any byproduct produced by the Tobacco Product including, but not limited to, tastes or aroma relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb or spice. Provided, however, that a Tobacco Product shall not be determined to have a Characterizing Flavor solely because of the use of additives or flavorings or the provision of ingredient information.

C.    CONSUMER: Shall mean a Person who purchases a Tobacco Product for consumption and not for Sale to another.

D.    DEPARTMENT: Shall mean the City’s Community Development Department.

E.    FLAVORED TOBACCO PRODUCT: Shall mean any Tobacco Product that contains a constituent that imparts a Characterizing Flavor. For purposes of this definition, “constituent” means any ingredient, substance, chemical or compound, other than tobacco, water or reconstituted tobacco sheet added by the manufacturer to the Tobacco Product during the processing, manufacturing or packing of the Tobacco Product.

F.    PERSON: Shall mean any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

G.    PROPRIETOR: Shall mean a Person with an ownership or managerial interest in a tobacco retail establishment. An ownership interest shall be deemed to exist when a Person has a ten percent (10%) 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 share ultimate control over the day-to-day operations of a business.

H.    SELF-SERVICE DISPLAY: Shall mean the open display of Tobacco Products or Tobacco Paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer. A Vending Machine is a form of Self-Service Display.

I.    TOBACCO BAR: Shall mean a smoking bar including a hookah bar that, in the calendar year ending December 31, 2018, and each calendared year thereafter, generated 70 percent or more of its total annual gross income from the on-site sale of tobacco products and the rental of on-site humidors or hookah pipes, not including any sales from vending machines, and is registered with the Department. Existing hookah lounges (located at 260 E Magnolia Boulevard, 270 E Magnolia Boulevard and 112 N San Fernando Boulevard) are exempted from the 70 minimum revenue percentage as long as the business remains in its current location AND under current ownership.

J.    TOBACCO PARAPHERNALIA: Shall mean cigarette papers or wrappers, 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 Products.

K.    TOBACCO PRODUCT: Shall mean (1) any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to Cigarettes, Cigars, Little Cigars, chewing tobacco, pipe tobacco, snuff; and (2) any electronic smoking device that delivers nicotine or other substances to the Person inhaling from the device including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe or electronic hookah. “Tobacco Product” also includes any component, part, or accessory of a Tobacco Product, whether or not sold separately. “Tobacco Product” does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration including cessation products specifically approved by the U.S. Food and Drug Administration for use in treating nicotine or tobacco dependence.

L.    TOBACCO RETAILER: Shall mean any Person who sells, offers for sale, or does or offers to exchange for any form of consideration, in public view, tobacco, Tobacco Products, or Tobacco Paraphernalia. Any person who distributes free or low cost samples of Tobacco Products or Tobacco Paraphernalia shall be deemed to be a Tobacco Retailer under this Article.

M.    VENDING MACHINE: 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.

N.    YOUTH DECOY: Shall mean a person under the age of 21 who is used by the police department to conduct random onsite sting investigations to determine compliance with tobacco retailing laws. [Added by Ord. No. 3714, eff. 3/27/07; Amended by Ord. No. 19-3,921, eff. 11/15/19.]

3-4-2503: TOBACCO RETAILER LICENSE REQUIRED:

A.    No person shall engage in or operate as a Tobacco Retailer without first obtaining and maintaining a valid Tobacco Retailer’s license pursuant to this Article for each location at which that activity is to occur. In addition to the criminal penalties attached to violations of this section, Tobacco Retailing without a valid Tobacco Retailer’s license is a public nuisance.

B.    The display of any advertisement relating to Tobacco Products or Tobacco Paraphernalia that promotes the sale or distribution of such products from the Tobacco 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 Retailer’s license pursuant to this Article for each location at which the advertisement is displayed is prohibited.

C.    The sale of tobacco products or tobacco paraphernalia from other than a fixed location, including but not limited to Tobacco Retailing by persons on foot or from vehicles is prohibited and no license shall be issued under this article to any such activity.

D.    Nothing in this article shall be construed to grant any Person obtaining and maintaining a Tobacco Retailer’s license any status or right other than the right to act as a Tobacco Retailer at the permitted location in the City of Burbank. Nothing in this article is intended to be construed to render inapplicable, supercede, 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.

E.    Violations of this chapter constitute a misdemeanor.

F.    In addition to the above remedy, a violation of this chapter may be remedied by a civil injunction or abatement action initiated by the city attorney. [Added by Ord. No. 3714, eff. 3/27/07.]

3-4-2504: APPLICATION PROCEDURE:

A.    Applicants for a license under this Article shall pay a non-refundable license fee in the amount as set forth in the Burbank Fee Resolution.

B.    All applications shall be completed on a form prepared and supplied by the responsible City department. The application shall be signed under penalty of perjury. The following information shall be included, without limitation in the application:

1.    The name, address and telephone number of the proprietor, including, for non-corporate proprietors, the names of all principles. Corporate proprietors shall include the name of the designated agent for service of process.

2.    The name, address and telephone number of a responsible person or persons designated by the proprietor to receive any notices from the City relating to the business.

3.    The business name, address and telephone number of the retail location.

4.    Whether any other licenses have been issued to applicant for tobacco retail sales within the City of Burbank, and if so the name and address of the businesses for which these licenses have been issued.

5.    A statement by the proprietor under penalty of perjury that the contents of the application are true and correct. False statements on the application shall be cause for license revocation.

6.    For retailers with multiple locations within the City of Burbank, a separate application is required for each proposed retail location.

C.    No license shall be issued without satisfactory proof that the Tobacco Retailer has obtained a valid state tobacco retailer’s license from the California Board of Equalization.

D.    Applicant shall be required to disclose any violations of the State tobacco licensing laws at any location within the City of Burbank within the five years prior to the application for which applicant’s state tobacco retailer’s license was either suspended or revoked. [Added by Ord. No. 3714, eff. 3/27/07.]

3-4-2505: ISSUANCE OF LICENSE:

A.    Except as otherwise provided herein, and except where a Tobacco Retailer’s establishment would be not otherwise be permitted under local, state and/or federal laws, a license shall be issued upon receipt of a complete application and conformity with all of the requirements set forth in the Application Procedure section of this Article, and payment of the license fee.

B.    A Tobacco Retailer’s license will not be issued where:

1.    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 thirty (30) day period.

2.    Proprietor or any person employed by proprietor has been convicted of any violation of any local, state or federal tobacco control laws within six (6) months prior to the date of application.

C.    Every license issued under this Article shall be posted and displayed at all times in a conspicuous place within the business location that is visible within the public portions of the business.

D.    A Tobacco Retailer’s license 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.

E.    Notwithstanding any other provision of this article, prior violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply to a location unless:

1.    The location has been fully transferred to a new Proprietor or fully transferred to entirely new Proprietors; and

2.    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. [Added by Ord. No. 3714, eff. 3/27/07.]

3-4-2506: LICENSE RENEWAL AND EXPIRATION:

A.    A Tobacco Retailer license will be valid until June 30 of every year and if not renewed, will expire. Each Tobacco Retailer shall apply for the renewal of their Tobacco Retailer’s license and submit the license fee no later than thirty (30) days prior to expiration of the term.

B.    If any material information required for issuance of a license herein has changed since the original license was issued, a new tobacco retailer’s license is required before the business may continue to act as a tobacco retailer. [Added by Ord. No. 3714, eff. 3/27/07.]

3-4-2507: POSITIVE IDENTIFICATION REQUIRED; MINIMUM AGE TO SELL TOBACCO PRODUCTS:

A.    No Person engaged in Tobacco Retailing shall sell or transfer a Tobacco Product or Tobacco Paraphernalia to another Person who appears to be under the age of twenty-seven (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 Product or Tobacco Paraphernalia.

B.    No Tobacco Retailer shall permit any person who is younger than the minimum age established by state law for the purchase or possession of Tobacco Products, to engage or participate in the sale of tobacco products or tobacco paraphernalia. [Added by Ord. No. 3714, eff. 3/27/07.]

3-4-2508: SALE OF FLAVORED TOBACCO PRODUCTS PROHIBITED:6

A.    It shall be a violation of this Article for any Tobacco Retailer or any of the Tobacco Retailer’s agents or employees to sell or offer for sale, or to possess with intent to sell or offer for sale, any Flavored Tobacco Product except in a Tobacco Bar, whose sales of Flavored Tobacco Products are limited to onsite use only by customers at least 21 years of age, and except for hookah tobacco in a form that may only be used in a non-electronic hookah pipe or water pipe.

B.    There shall be a rebuttable presumption that a Tobacco Retailer in possession of four or more Flavored Tobacco Products, including but not limited to individual Flavored Tobacco Products, packages of Flavored Tobacco Products, or any combination thereof, possesses such Flavored Tobacco Products with intent to sell or offer for sale.

C.    There shall be a rebuttable presumption that a Tobacco Product is a Flavored Tobacco Product if a Tobacco Retailer, manufacturer, or any employee or agent of a Tobacco Retailer or manufacturer:

1.    Makes or disseminates a public statement or claim to the effect that the Tobacco Product imparts a Characterizing Flavor; or

2.    Uses text and/or images on the Tobacco Product’s Labeling or Packaging that explicitly indicate that the Tobacco Product imparts a Characterizing Flavor. [Added by Ord. No. 19-3,921, eff. 11/15/19.]

3-4-2509: COMPLIANCE MONITORING AND ENFORCEMENT:

A.    The provisions of this chapter shall be enforced by the Burbank Police Department, an authorized designee of the Community Development Department, or by any other person or persons so designated by the City Manager.

B.    Compliance checks shall determine, at a minimum, if the Tobacco Retailer is conducting business in a manner that complies with tobacco laws regulating youth access to tobacco and is complying with the ban on selling, offering for sale or possession with the intent to sell Flavored Tobacco Products.

C.    The City may use persons under the age of 21, but not younger than 15 (youth decoys) to conduct random onsite sting inspections to determine whether or not a Tobacco Retailer is in compliance with all state and local laws relative to retail sales of tobacco products and tobacco paraphernalia. These youth decoys may be used for compliance and enforcement activities supervised by a peace officer. Participation in these enforcement and compliance activities by a person under the age of 21 shall not constitute a violation of Penal Code section 308 and the person under 21 years of age is immune from prosecution under any provision of law prohibiting the purchase of tobacco products by a person under 18 years of age. [Formerly numbered Section 3-4-2508; Added by Ord. No. 3714, eff. 3/27/07; Amended by Ord. No. 19-3,921, eff. 11/15/19; 3828.]

3-4-2510: SUSPENSION AND REVOCATION:

A.    In addition to any other penalty authorized by law, a Tobacco Retailer’s license may be suspended or revoked by the Community Development Director if it is determined that the licensee or their agents or employees has violated the conditions of the license imposed pursuant to this article, or Section 3-4-2508, or any other state or federal law pertaining to the sale of tobacco products to underage minors.

B.    A Tobacco Retailer’s license may be revoked by the Community Development Director if one of the following conditions exist.

1.    The information contained in the application, including supplemental information, if any, is found to be false in any material respect;

2.    The license was issued in error or on the basis of false or misleading information supplied by a Proprietor.

C.    The procedure used for revocation shall substantially conform to that set forth in Title 2, Chapter 1 Article 15 of the Burbank Municipal Code or its successor provisions.

D.    Upon a finding of a first license violation, the license may be suspended for up to thirty (30) days:

1.    Upon a finding of a second license violation within a five-year period of the first violation, or a first violation of Section 3-4-2508, the license may be suspended for up to ninety (90) days;

2.    Upon a finding by the City of a third license violation or a second violation of Section 3-4-2508 within five years of the first violation, the license may be revoked.

E.    A Tobacco Retailer whose license has been revoked may not apply for a new tobacco retailer’s license for a period of 60 days after the effective date of the revocation.

F.    Any decision to revoke or suspend a license may be appealed according to the provisions of Section 2-1-1501 of the Burbank Municipal Code herein. An appeal shall stay all proceedings in furtherance of the appealed action.

G.    During any period of license suspension or revocation, the Tobacco Retailer must remove from public view all tobacco products and tobacco-related advertising. [Formerly numbered Section 3-4-2509; Added by Ord. No. 3714, eff. 3/27/07; Amended by Ord. No. 19-3,921, eff. 11/15/19; 3828.]

3-4-2511: OUTREACH AND EDUCATION:

The Department, in conjunction with the Police Department shall develop and conduct a Tobacco Retailer outreach and education program designed to inform Tobacco Retailers about the ban on Flavored Tobacco Products before enforcement of Section 3-4-2508 begins on May 1, 2020. [Added by Ord. No. 19-3,921, eff. 11/15/19.]

ARTICLE 26. COMMERCIAL CANNABIS ACTIVITY

3-4-2610: PROHIBITION7:

A.    Definitions. The words and phrases used in this Section 3-4-2610 shall have the same meanings as set forth in Section 10-1-512.

B.    Commercial cannabis activities of all types, including cannabis deliveries and cannabis retailers, are prohibited in the City, as provided in Sections 5-3-210 and 10-1-512. Accordingly, the City shall not issue any entitlement, license, or permit, whether administrative or discretionary, for any commercial cannabis activity for which a license is required under State law, including but not limited to the Control, Regulate and Tax Adult Use of Marijuana Act or the Medicinal and Adult-Use Cannabis Regulation and Safety Act. [Added by Ord. No. 16-3,872, eff. 2/26/16; Amended by Ord. No. 17-3,898, eff. 12/15/17.]

ARTICLE 27. SIDEWALK VENDORS

3-4-2701: DEFINITIONS:

As used in this article, unless the context otherwise clearly indicates:

CERTIFIED FARMERS’ MARKET: a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter, as both may be amended.

CITY: the City of Burbank.

DIRECTOR: the Director of Community Development Department or their designee.

FOOD: Any type of raw, cooked, or processed edible or consumable substance, including any food product or beverage.

MERCHANDISE: Any tangible goods or items that are not food.

PARK: a public park owned or operated by the City.

PERSON: any natural person, firm, association, organization, partnership, joint venture, business trust, corporation, or company.

ROAMING SIDEWALK VENDOR: a sidewalk vendor who operates by traveling from place to place and stops only to complete a transaction.

RULES AND REGULATIONS: Detailed requirements or additional requirements regulating the time, place, and manner, adopted by Council resolution, concerning sidewalk vending meant to clarify, aid, and/or add to the administration and enforcement of this article.

SIDEWALK: a public sidewalk or paved pedestrian path specifically designed for pedestrian travel.

SIDEWALK VENDOR or VENDOR: a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a sidewalk within the City.

SIDEWALK VENDING: refers to vending from a vending cart or one’s person, upon a sidewalk, conducted by a sidewalk vendor.

SPECIAL EVENT PERMIT: A permit issued by the City for the temporary use of, or encroachment on, the sidewalk or other public area, including but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, outdoor concerts, festivals, carnivals, and street fairs.

STATIONARY SIDEWALK VENDOR: a sidewalk vendor who operates from a fixed location.

VEND or VENDING: To barter, exchange, sell, offer for sale, display for sale, or solicit offers to purchase, food or merchandise, or to require someone to negotiate, establish, or pay a fee before providing food or merchandise, even if characterized as a donation.

VENDING CART: A pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance used for vending, that is not a vehicle as defined in the California Vehicle Code. [Added by Ord. No. 20-3,947, eff. 1/8/21.]

3-4-2702: LICENSE REQUIRED:

No person shall engage in sidewalk vending without first obtaining a business license therefor from the City’s Community Development Department and paying an application fee as required by Section 3-6-204 of this Code and a license fee in the amount set forth in the Burbank Fee Resolution. [Added by Ord. No. 20-3,947, eff. 1/8/21.]

3-4-2703: APPLICATION PROCEDURE:

An application for a sidewalk vending license shall include the following information:

A.    The applicant’s name, current mailing address, and telephone number;

B.    A copy of a valid California’s driver’s license or identification number, an individual taxpayer identification number, or a social security number. Such information is not a public record and will remain confidential as required by Government Code section 51038(c)(4);

C.    If the vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal;

D.    A description of the food and/or merchandise to be offered for sale and any vending equipment to be used (including the dimensions of the vending carts and mode of transportation);

E.    A copy of a valid California Department of Tax and Fee Administration seller’s permit, as required;

F.    If a vendor of food, proof of all required approvals from the Los Angeles County Department of Public Health;

G.    A description, map, or drawing of the location(s) in which the applicant proposes to operate;

H.    A statement of the days and hours of proposed vending operations and whether the sidewalk vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor;

I.    Proof of comprehensive general liability insurance with minimum policy limits of one million dollars ($1,000,000) per occurrence, combined single limit coverage, and one million dollars ($1,000,000) in the aggregate against any injury, death, loss or damage as a result of wrongful or negligent acts or omissions by the permittee, with an endorsement naming the City as an additional insured.

J.    An agreement by the applicant to indemnify and hold harmless the City, its officers and employees, for any damage or injury caused to the City as a result of the sidewalk vending conduct or activity.

K.    The applicant’s certification that, to their knowledge and belief, the information contained in the application is true; and

L.    Such other information as the Director deems necessary for the administration or enforcement of this article as specified on the required application form. [Added by Ord. No. 20-3,947, eff. 1/8/21.]

3-4-2704: GROUNDS FOR DENIAL:

A.    Applicants will be notified in writing of the Director’s decision to approve or deny an application for a sidewalk vending license. If an application is denied, the reasons for denial will be set forth in the written notice.

B.    An application may be denied on the following grounds:

1.    The proposed vending location encroaches on a public sidewalk without maintaining an unobstructed pedestrian access route as specified in Section 3-4-2708(E)(6).

2.    The proposed vending operation, including the equipment to be used by the vendor, fails to comply with all applicable health, zoning, fire, building, and safety laws of the State of California, the County of Los Angeles or the City.

3.    The applicant has knowingly made a false, misleading, or fraudulent statement of material fact in the application or omitted required information.

4.    The applicant does not possess all state and local permits necessary for the proposed operations.

5.    The applicant has had a license issued pursuant to this article revoked within the preceding twelve months.

6.    The applicant has received three (3) or more administrative citations for violations of this article within the preceding twelve months.

7.    The applicant has failed to demonstrate an ability to conform to the operating requirements set forth in section 3-4-2708 of this article.

8.    The applicant is indebted to the City for any unpaid fee or fine for violation of any provision in this article. [Added by Ord. No. 20-3,947, eff. 1/8/21.]

3-4-2705: TERM AND RENEWAL:

A.    A sidewalk vending license shall be valid until June 30 of the City fiscal year in which the license was issued, unless revoked prior to that date in accordance with the provisions of this article, and may be renewed annually thereafter.

B.    Each sidewalk vendor who seeks to renew a license pursuant to this article shall submit a renewal application on a City-approved form and tender any applicable fees to the Director no later than thirty calendar days prior to the expiration of the vendor’s current license. Unless timely renewed, any license issued pursuant to this article shall expire and become null and void at the end of its term.

C.    An application to renew a license issued pursuant to this chapter may be denied by the Director upon the grounds set forth in Section 3-4-2704. [Added by Ord. No. 20-3,947, eff. 1/8/21.]

3-4-2706: LICENSE NONTRANSFERABLE:

A sidewalk vending license shall not be transferable to any person or be valid for vending operations in any location(s) other than that location specified in the license application. [Added by Ord. No. 20-3,947, eff. 1/8/21.]

3-4-2707: EXEMPTIONS:

A sidewalk vending license shall not be required for the following activities:

A.    Events conducted in accordance with a Special Event Permit, including, but not limited to, a certified farmers’ market.

B.    Any other activities that are included in the Rules and Regulations. [Added by Ord. No. 20-3,947, eff. 1/8/21.]

3-4-2708: OPERATING REQUIREMENTS:

A.    No sidewalk vendor shall operate in the following locations:

1.    Any public property or park grounds, including, without limitation, trailheads, streets, alleys, and City-owned parking structures, except on a public sidewalk;

2.    Within one block of a certified farmers’ market or a swap meet, during the limited operating hours of these events;

3.    Within one block of an area designated for a Special Event Permit for the limited duration of the permitted event. Any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the city’s special event permit will also be furnished to a sidewalk vendor permitted to operate in the area;

4.    Within one block of any public or private school grounds, between the hours of 8:00 a.m. and 5:00 p.m., on days that school is open to students;

5.    Within twenty-five feet of any on-street valet loading zone, any City-designated passenger loading zone, or any taxicab stand;

6.    On or within any roadway, median strip, or dividing section;

7.    Any designated prohibited areas described in the Rules and Regulations;

8.    On private property without the consent of the property owner and a City--issued permit; or

9.    Within one hundred feet of another vendor.

10.    Within one hundred feet of a driveway or entry to a fire station or police station.

11.    Within three feet of the display window of any building abutting the sidewalk or parkway that interferes with the reasonable use of such window.

12.    Within 25 feet of a train boarding platform or track.

13.    Within five feet from any fire hydrant, fire call box, or other emergency notification device;

14.    Within five feet of any electric utility cabinet, traffic signal control cabinet, communications cabinet;

15.    Within 10 feet of a marked crosswalk or the curb return of an unmarked crosswalk.

B.    The City’s Burbank Center Specific Plan, Media District Specific Plan and Magnolia Park Plan have been created to encourage a concentration of retail, shopping and dining opportunities. Due to widths of the public sidewalks and high volume of pedestrian and vehicular traffic, sidewalk vending is prohibited on the following portions of the specified streets:

1.    North San Fernando Boulevard between Magnolia Boulevard and East Olive Avenue, and South San Fernando Boulevard between East Olive Avenue and East Angeleno Avenue.

2.    East Orange Grove Avenue between North First Street and Third Street.

3.    West Magnolia Boulevard between North Buena Vista Street and North Screenland Drive where the public sidewalk is 10 feet in width or less.

4.    Riverside Drive between North Hollywood Way and Clybourn Avenue.

C.    Stationary sidewalk vendors shall not operate in residential zones or in any park for which the City has entered an exclusive concessionaire agreement; they may only operate at the location(s) designated in a license issued pursuant to this article and only during the times set forth therein.

D.    Roaming sidewalk vendors shall not operate within residential zones between the hours of 8:00 p.m. and 9:00 a.m., and shall not operate on any City block for more than one hour in any four-hour period.

E.    All sidewalk vendors are subject to the following requirements:

1.    The Vending Cart may not exceed six feet in length by four feet in width by five feet in height.

2.    Maintain and ensure compliance with all state and local permits necessary for the proposed vending operation;

3.    Keep the information furnished to the City under Section 3-4-2703 of this Code current;

4.    Carry a license issued pursuant to this article at all times when operating in the City, and present the license for inspection at the request of any City staff member or law enforcement officer;

5.    Ensure that vending operations or locations are not located over a pull box, maintenance hole, hand hole or any enclosure located in a public sidewalk or right-of-way;

6.    Maintain an unobstructed pedestrian access route at sidewalk vending locations that is clear of any vending equipment or public obstructions including, but not limited to, street trees, news racks, bus benches, transit shelters, and curb lines. The minimum width of unobstructed routes must be suitable for the width of the sidewalk:

a.    Five feet when the sidewalk is no greater than thirteen feet wide;

b.    Six feet when the sidewalk is greater than thirteen feet but no greater than seventeen feet wide; and

c.    Eight feet when the sidewalk is greater than seventeen feet wide.

7.    Ensure that vending operations are not blocking and are at least five feet from the entrances to any buildings, driveways, or vehicle parking spaces;

8.    Ensure that equipment used in connection with sidewalk vending operations are not stored or left unattended in public spaces or in any portion of the public right-of-way. (Equipment or objects left in public spaces or in the public right-of-way overnight, or outside the hours of permitted vending operations, may be seized or disposed of by the City in accordance with Section 5-3-211 of this Code);

9.    Ensure that signs, tables, chairs, shade structure, fences, or other furnishings not approved for use in a sidewalk vending license are not used in vending operations;

10.    Do not use any horns, music, lights, visual media, or any sound amplifying device unless expressly approved in the vending license;

11.    Do not sell or offer for sale lottery tickets, alcohol, cannabis, adult oriented material, tobacco or electronic cigarette products, or any living animal;

12.    Do not operate in the City between 12:00 a.m. and 6:00 a.m. If the City’s zoning allows any businesses on a particular street block to remain open until 2:00 a.m., then sidewalk vendors are prohibited from operating between 2:00 a.m. and 6:00 a.m. on that particular street block;

13.    Do not use or attach any water lines, electrical lines, or gas lines during vending operations;

14.    Ensure that sidewalk vending equipment does not physically alter or otherwise damage the underlying sidewalk;

15.    Comply with all applicable food labeling requirements established by state and local laws;

16.    Maintain vending operations in sanitary condition, including ensuring proper recycling and disposal of any waste produced as a result of said operations. (Vendors must operate with their own waste containers to allow the proper recycling or disposal of trash, food, or liquids generated by their operations and must leave their operations’ area clean by closing time);

17.    No operations that produce smoke, vapors, or noxious odors within 20-feet of an openable window, vent or intake duct;

18.    No equipment that produces a flame, spark or heat is allowed within the City’s Very High Fire Hazard Severity Zone;

19.    No operation of generators or equipment containing wet cell batteries;

20.    Cease vending operations in any park one hour prior to park closure; and

21.    Comply with all Rules and Regulations. [Added by Ord. No. 20-3,947, eff. 1/8/21.]

3-4-2709: LICENSE REVOCATION:

A sidewalk vendor license may be revoked after the licensee is afforded written notice and an opportunity to be heard respecting a citation for the licensee’s fourth or subsequent violation of the requirements set forth in this article. [Added by Ord. No. 20-3,947, eff. 1/8/21.]

3-4-2710: APPEAL PROCEDURES:

A.    The appeal of a denial or revocation of a sidewalk vendor license shall be conducted as follows:

1.    Any person aggrieved by a decision denying or revoking a license pursuant to this article may appeal the Director’s decision by filing a written appeal to the Community Development Department. Appeals must be filed within fifteen (15) business days after notice of the Director’s decision has been mailed to the applicant’s address. A timely appeal will stay the enforcement of any decision to revoke a license. Appeals of the Director’s decision may be filed according to the appeals procedure stated in Title 2, Chapter 1, Article 15, of this Code.

2.    The appeal shall be conducted within a reasonable time, but not less than thirty (30) days, at a hearing before a neutral hearing officer designated by the City Manager. Not less than five (5) business days prior to the hearing, the Director or a designee shall give notice of the time and place of the hearing. The decision of the hearing officer shall be based upon the criteria applicable to the issuance or revocation of such license. The hearing officer may affirm, modify or reverse the decision of Director and shall state the reasons therefor. The decision of the hearing officer shall be final when rendered. Within thirty (30) calendar days of the hearing, the hearing officer shall notify the appellant of the decision, in writing, which shall be final. An aggrieved person may obtain judicial review within the time and in the manner provided for in California Code of Civil Procedure Section 1094.6, or any successor legislation.

B.    Section 1-1-108.1 of this Code applies to any appeal of an administrative citation issued under this article. [Added by Ord. No. 20-3,947, eff. 1/8/21.]

3-4-2711: PENALTIES:

A.    A violation of this article is not punishable as an infraction or misdemeanor, and no person will be subject to arrest for sidewalk vending unless said person has violated a law for which a person may be arrested.

B.    A violation of this article is punishable only by an administrative fine according to a fee schedule adopted by resolution of the City Council.

C.    Notwithstanding any other provision of this Code, failure to pay an administrative fine assessed under this section is not punishable as an infraction or misdemeanor, and additional fines, fees, assessments, or any other financial conditions beyond those authorized will not be assessed. [Added by Ord. No. 20-3,947, eff. 1/8/21.]

3-4-2712: ABILITY-TO-PAY DETERMINATION:

A.    When assessing an administrative fine under this article, the City will take into consideration a person’s ability to pay the fine.

1.    Any fine issued under this article will be accompanied by notice of and instruction regarding a person’s right to request an ability-to-pay determination.

2.    A person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.

B.    If a person is receiving public benefits under Government Code Section 68632, subdivision (a), or has a monthly income which is one hundred twenty-five percent or less than the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services, the person’s administrative fine will be limited to twenty percent of the amount assessed according to the fee schedules in Section 5.122.110(b). The City may also take the following actions:

1.    Allow the person to complete community service in lieu of paying the total administrative fine;

2.    Waive the administrative fine; or

3.    Offer an alternative disposition. [Added by Ord. No. 20-3,947, eff. 1/8/21.]


1

Code reference: See Chapter 6 of this title for general provisions on licenses and permits.


2

State law reference: As to automobile dealers generally, see Veh.C. §§ 11700-11824. As to Dealer’s Anti-Coercion Act, see Bus. & Prof.C. §§ 18400-18413.


3

State law reference: As to peddlers, see Labor C. §§ 270.6, 272, 1298, 1303-1305, 1308. As to solicitation for charity, see Welf. & Inst.C. §§ 148, 148.1-148.9. As to solicitation of election campaign contributions, see Elec.C. §§ 12300-12303; 29460.


4

Prior legislation: Ordinance 3048.


5

Prior legislation: Ordinance 19-3,920 amends and restates this article in its entirety, which derives from Ordinances 2679, 2891, 3058, 3756 and 3769.


6

Code reviser’s note: Section 10 of Ord. No. 19-3,921 provides, “Notwithstanding the effective date of this Ordinance, Section 3-4-2508, Sale of Flavored Tobacco Products Prohibited, will not be enforced until May 1, 2020.”


7

Code reviser’s note: This section was renumbered at the city’s request to avoid duplication of numbering resulting from amendments made by Ord. No. 19-3,921.