Chapter 23.15
COMMERCIAL AND INDUSTRIAL
TENANT OCCUPANCY PERMITS
Sections:
23.15.050 Exemption for existing business with current business license.
23.15.060 Contents of application.
23.15.070 Permit processing fee.
23.15.080 Authority for inspections.
23.15.090 Effect on business license ordinance.
23.15.100 Nontransferability of permit.
23.15.120 Grounds for revocation.
23.15.130 Penalty for violation.
23.15.010 Definitions.
(a) “Commercial or industrial tenant,” as used in this chapter, means any lessee, sublessee or owner-occupier of a building or part of a building or residence used completely or partially for the purpose of doing business.
(b) “Business,” is defined as in Section 5.04.010.
(c) “City,” as used in this chapter, means the city of Cerritos, a municipal corporation of the state of California. (Ord. 886 § 1 (part), 2004)
23.15.020 Purpose.
The purpose of this chapter is to regulate those who occupy space in the city for business purposes. This regulation will allow the city to ensure that every new and existing commercial and industrial tenant has obtained all other necessary licenses and permits. It will also allow the city to provide oversight where a commercial or industrial tenant makes changes to a pre-existing business or the premises upon which the business is conducted. (Ord. 886 § 1 (part), 2004)
23.15.030 Permit required.
Each person who occupies space in the city for the purpose of conducting business shall apply for and receive an occupancy permit before transacting any business. In addition, each owner or manager of an existing business that does not have a current business license must apply for and receive an occupancy permit and a business license before continuing to conduct business. If multiple businesses are conducted in one building, each new tenant and each existing tenant without a business license must apply for and receive an occupancy permit and a business license before conducting business on the premises. (Ord. 886 § 1 (part), 2004)
23.15.040 Landlord’s obligation to provide tenants with notice of permit requirement and application.
Every landlord or manager of commercial or industrial property in the city must provide each commercial or industrial tenant with notice of the requirements of this chapter and supply each tenant with an application for a commercial and industrial tenant occupancy permit. (Ord. 886 § 1 (part), 2004)
23.15.050 Exemption for existing business with current business license.
Any business with a current, valid business license that is in existence on the date that this provision goes into effect is exempt from the occupancy permitting requirement while operations, ownership and management of the business remain unchanged. Upon a change in the operations, ownership or management of the business, a commercial and industrial tenant occupancy permit will be required. (Ord. 886 § 1 (part), 2004)
23.15.060 Contents of application.
An application for a commercial and industrial tenant occupancy permit shall contain the following:
(1) The name of the person or business to whom the permit is issued and the name and address of the owner of the business;
(2) The location of the premises upon which the business is or will be conducted;
(3) The type of business that the tenant intends to conduct or now conducts on the premises;
(4) The specific uses to which the premises will be put or is put in conducting that business;
(5) Any alterations of the premises made by the tenant;
(6) Any storage or sale of hazardous, toxic, flammable, or explosive materials;
(7) A copy of any current business license issued pursuant to Title 5;
(8) An application for any sign(s) on the exterior of the building;
(9) Any other information reasonably requested in order to enforce this chapter. (Ord. 886 § 1 (part), 2004)
23.15.070 Permit processing fee.
Every person required to obtain a permit under this chapter is subject to a permit processing fee to be set by resolution of the city council. The fee is due upon application for the permit. (Ord. 886 § 1 (part), 2004)
23.15.080 Authority for inspections.
This chapter gives the city and its officers and employees the authority to conduct an inspection of any premises covered by this section in order to verify that a commercial or industrial tenant’s application is consistent with the actual use of the property. A tenant’s failure to allow reasonable inspection of the premises will be cause for denial, immediate suspension or revocation of the tenant’s commercial and industrial tenant occupancy permit. (Ord. 886 § 1 (part), 2004)
23.15.090 Effect on business license ordinance.
Application for a permit under this chapter does not relieve a commercial or industrial tenant of the responsibility to pay a business license tax under Title 5, or otherwise change any applicable licensing requirement. (Ord. 886 § 1 (part), 2004)
23.15.100 Nontransferability of permit.
Every new commercial or industrial tenant, and every tenant conducting business without a current business license, shall apply for and receive a commercial and industrial tenant occupancy permit before conducting business. A new tenant shall apply for a permit even where there is no change in the business conducted on the premises. (Ord. 886 § 1 (part), 2004)
23.15.110 Right to revoke.
Every permit granted under this chapter or any section thereof is granted and accepted by all parties with the express understanding that the city council may hold a public hearing, notice of the time and place of which shall be given to the permittee. If, after such hearing, the council finds that any grounds for revocation exist, the council may revoke or suspend the permit. Pending such hearing and decision, the council may suspend such permit for not more than sixty days. (Ord. 886 § 1 (part), 2004)
23.15.120 Grounds for revocation.
A permit may be revoked on any one or more of the following grounds:
(1) The permittee has refused to supply reasonably requested information;
(2) The permittee has refused to authorize a reasonably requested inspection;
(3) The permittee has failed to pay the business license tax required under Title 5;
(4) The permittee obtained the occupancy permit through fraudulent misrepresentation;
(5) The permittee, or any agent or employee of the permittee, has violated, or has been convicted of violating, any of the terms of this chapter, of any regulation imposed pursuant thereto, or of any law, statute, rule, order or regulation of the state now, or hereafter, in force regulating the occupation or other activity for which the permit was issued. (Ord. 886 § 1 (part), 2004)
23.15.130 Penalty for violation.
Any person violating any of the provisions of this chapter, who knowingly or intentionally makes misrepresentations of material facts to any officer or employee of the city in connection with obtaining a permit under this chapter, shall be deemed guilty of an infraction, and upon conviction thereof may be punished as provided in Section 1.08.020. (Ord. 886 § 1 (part), 2004)