Chapter 4.04
UNIFORM LICENSING PROCEDURES
Sections:
4.04.010 Permit or license required.
4.04.030 Licensing procedure – Applications.
4.04.040 License not transferable.
4.04.080 Application investigation.
4.04.090 Granting or denial of application.
4.04.100 License suspension or revocation.
4.04.110 Hearings – Issuing officer.
4.04.120 Stay of suspension or revocation.
4.04.130 Exception to hearing procedure.
4.04.010 Permit or license required.
It shall be unlawful for any person, firm or corporation to engage in, conduct, manage or carry on any of the following businesses, practices, professions or occupations within the city without first having obtained a permit or license therefor in accordance with the uniform licensing procedure:
A. Amusement establishments and devices;
B. Aircraft ticket brokers;
C. Auctions and auctioneers;
D. Bingo;
E. Carnivals and go-cart centers;
F. Coupon books, distribution of;
G. Dances and dance halls;
H. Teen dance clubs;
I. Dances, teenage;
J. Entertainment;
K. Female entertainment;
L. Firearms, sale of;
M. Junk, automotive wrecking, nonoperating vehicle storage yards;
N. Kennels;
O. Massage establishments, except for those where all personnel who perform massage are certified pursuant to Business and Professions Code Section 4600 et seq.;
P. Massage technicians, except those who are certified per Business and Professions Code Section 4600 et seq.;
Q. Outdoor assemblages;
R. Second-hand dealers;
S. Solicitors:
1. License,
2. Identification card;
T. Street patrols;
U. Swap meets and swap lots;
V. Taxicabs – taxicab drivers:
1. Operator’s license,
2. Driver’s identification card;
W. Jitneys – jitney drivers:
1. Operator’s license,
2. Driver’s identification card. (Ord. 409 § 1, 2009; Ord. 45 § 1, 1987; 1987 Code § 4.06.010)
4.04.020 Issuing officer.
All licenses issued shall be issued by the issuing officer, who shall be the city manager or the manager’s designee. (Ord. 45 § 1, 1987; 1987 Code § 4.06.020)
4.04.030 Licensing procedure – Applications.
Application for a license shall be made to the issuing officer on forms provided by the issuing officer. Such application shall contain a provision by which the applicant consents to having all required notices, unless otherwise specified, sent by mail to the applicant’s address on the application by depositing the same in the United States mail, postage prepaid. (Ord. 45 § 1, 1987; 1987 Code § 4.06.030)
4.04.040 License not transferable.
Such license shall not be transferable from person to person nor place to place. (Ord. 45 § 1, 1987; 1987 Code § 4.06.040)
4.04.050 License fee.
A fee established by city council resolution shall be paid for any license to defray the cost of investigation and issuance of the license. In the event such license is for any reason whatsoever denied, or in any event not obtained by the applicant, the fee paid shall not be refunded to the applicant. Fees shall be reviewed annually so as not to be excessive. (Ord. 45 § 1, 1987; 1987 Code § 4.06.050)
4.04.060 License renewal.
Unless otherwise specified, any license issued shall expire a year from the date of issue and shall be renewed by filing a renewal application not more than 60 days and not less than 40 days prior to expiration date. A renewal application shall be granted or denied within 30 days after filing. In addition to the grounds for the granting or denial of a new license, a renewal application may be denied if the licensee has permitted any unlawful use of the license as issued, has failed or refused to surrender to the issuing officer upon a lawful demand any license which has been suspended or revoked, or has violated in any manner the license as issued. (Ord. 45 § 1, 1987; 1987 Code § 4.06.060)
4.04.070 Posting of license.
All licenses issued for business establishments must be posted in a conspicuous place on the licensed premises. (Ord. 45 § 1, 1987; 1987 Code § 4.06.070)
4.04.080 Application investigation.
A. Upon receipt of an application for a license, the issuing officer may send copies of such application to any office or department which the issuing officer may deem appropriate in order to carry out a proper investigation of the applicant or his proposed business.
B. Every officer or department to which an application for a license is referred may request from the issuing officer that additional information be obtained from the applicant relating to the proposed license as such officer or department deems necessary.
C. The issuing officer and every officer or department to which an application is referred shall investigate the truth of the matters set forth in the application, the character of the applicant as it relates to doing business under such license, and may examine the premises proposed to be used for the business.
D. Upon receipt of an application, the issuing officer shall post for a period of 10 days the name and business address of the applicant, the type of license applied for, whether the application is for a new license or for the renewal of an existing license, and the fact that any interested member of the public can submit information regarding the issuance of the license. Such information shall be delivered to the office of the issuing officer within five days of the last day of posting. The names and business addresses of applicants shall be posted in the office of the issuing officer. (Ord. 45 § 1, 1987; 1987 Code § 4.06.080)
4.04.090 Granting or denial of application.
A. The issuing officer shall grant an application for a new license within 30 days after filing of a complete application unless one or more of the following findings are made:
1. The applicant or an agent, employee or manager of the applicant has knowingly or deliberately made any false, misleading or fraudulent statement of a material fact in the application or in any report or record required to be filed, or kept under the provisions of this code or any local ordinance;
2. The business or activity is prohibited by any local or state law, statute, rule, ordinance or regulation, or prohibited in the particular location by any law, statute, ordinance, rule or regulation, or that all applicable land use or zoning permits or approvals have not been given or issued;
3. The applicant has been convicted of a crime which constitutes a clear and present danger of a serious substantive evil in relation to the business or activity proposed to be licensed. A plea or verdict of guilty, a finding of guilty by a court in a trial without a jury, a plea of nolo contendere, or a forfeiture of bail is deemed a conviction; or
4. The applicant has violated any of the provisions of this chapter or any provisions of any other ordinance or law to or regulating such business or occupation.
B. The findings set forth in subparagraphs 3 and 4 of subsection A of this section are not applicable to an application for a new license or renewal of a license for any business activity protected by the provisions of the First Amendment of the United States Constitution.
C. If after investigation the issuing officer determines that the application should be denied, the issuing officer shall prepare a notice of denial of application, setting forth the reasons for such denial of application. Such notice shall be either sent by mail to the applicant’s last address provided in the application, or be personally delivered. Any person who has had an application for a license denied may request a hearing from the issuing officer. Such request shall be made in writing and filed with the issuing officer within 10 days of personal delivery of the notice of denial. If the notice of denial is mailed, the applicant has an additional five days to file a hearing request. The hearing shall be held not more than 20 days from the date of receipt of the request for hearing and the issuing officer shall notify the applicant of the time and place of such hearing, and the hearing shall be conducted in the manner prescribed in this chapter. The applicant shall also be entitled to the appeal provisions of this chapter following the hearing before the issuing officer.
D. If the license is granted, the name and business address of the licensee shall be available to any interested member of the general public for the duration of the license. (Ord. 45 § 1, 1987; 1987 Code § 4.06.090)
4.04.100 License suspension or revocation.
A. In the event that any person holding a license issued pursuant to this chapter shall violate or cause or permit to be violated any of the provisions of this chapter, or any provisions of any other ordinance or law relating to, or regulating such business or occupation, or shall conduct or carry on such business or occupation in an unlawful manner, or for any reason for which the license application could have been denied, the issuing officer may, in addition to other penalties provided by ordinance, suspend or revoke the license after the licensee has been given the opportunity for a hearing as provided for in this chapter.
B. The issuing officer shall post for a period of 10 days the name and business address of any person receiving a notice of suspension or revocation, along with the fact that any interested member of the general public can submit information regarding the proposed suspension or revocation. Such information shall be submitted in writing and shall be delivered to the office of the issuing officer within five days of the last day of posting. The names and business addresses shall be posted in the office of the issuing officer. (Ord. 45 § 1, 1987; 1987 Code § 4.06.100)
4.04.110 Hearings – Issuing officer.
A. In any case where the issuing officer determines that a license issued pursuant to this chapter should be suspended or revoked, the issuing officer shall prepare a written notice of suspension or revocation, which includes a statement of the proposed action, a concise explanation of the reasons for the proposed action, the statutory basis relied upon for such proposed action, and an explanation of the licensee’s right to request a hearing from the issuing officer. Such notice shall be sent by certified mail to the licensee’s last address provided in the application or be personally delivered, at least 10 days prior to the effective date of such action. If, within five days after receipt of such mailing or delivery, the licensee or an authorized representative requests in writing a hearing from the issuing officer, the issuing officer shall immediately set a hearing and shall set forth in writing and send to the licensee, by means of the mail or hand delivery, notice of the time, date and place of such hearing. The hearing shall be conducted by a hearing officer designated by the issuing officer. The person designated as hearing officer shall not have been connected in any manner in the decision to take the proposed action which is the subject of such hearing. No hearings shall be continued except upon a showing of good cause.
B. The hearing shall be conducted to determine the existence of any facts which constitute grounds for the suspension or revocation of the license. The licensee may have the assistance of counsel or may appear by counsel and shall have the right to present evidence. In the event that the licensee, or counsel representing the licensee, fails to appear at the hearing, the evidence of the existence of facts which constitute grounds for the suspension or revocation of the license shall be considered unrebutted. The decision of the hearing officer shall be based solely on the evidence presented at the hearing. Upon conclusion of the hearing, the hearing officer shall give a verbal decision; provided, however, that in the discretion of the hearing officer, the decision may be delayed and given in writing within two days. In any case where a verbal decision is given at the close of the hearing, the hearing officer shall confirm that decision in writing within two days. The written decision shall set forth the findings of fact and the reasons for the decision and a copy mailed to the licensee or an authorized representative. The decision of the hearing officer shall be posted in the office of the issuing officer for a period of five days, along with the available procedures for appeal. A hearing held under this section, or failure of the licensee to request such a hearing or to appear at the scheduled time for such a hearing, in no way deprives the licensee of the right to appeal as provided for in this chapter. (Ord. 45 § 1, 1987; 1987 Code § 4.06.110)
4.04.120 Stay of suspension or revocation.
The effect of a decision of the hearing officer to suspend or revoke a license shall be stayed while an appeal to the city council is pending or until the time for filing such appeal has expired. There shall be no stay of the effect of the decision of the hearing officer upholding the denial of any license. (Ord. 45 § 1, 1987; 1987 Code § 4.06.120)
4.04.130 Exception to hearing procedure.
When, in the opinion of the issuing officer, there is a clear and immediate threat to the safety and protection of the public, the officer may suspend a license without a hearing. The issuing officer shall prepare a written notice of suspension, which includes a statement of the action, a concise explanation of the reasons for the action, the statutory basis relied upon for such action, and an explanation of the licensee’s right to request a hearing from the issuing officer. Such notice shall be either sent by certified mail to the licensee’s last address provided in the application or be personally delivered. The licensee may request a hearing from the issuing officer within five days of receipt of notification that the license has been suspended. The issuing officer shall notify the licensee of the time and place of such hearing, and the hearing shall be conducted in the manner prescribed in this chapter. The hearing shall be held not more than 15 days from the date of receipt of the request for hearing. Following the hearing, the person affected may appeal the decision in the manner prescribed in this chapter. The decision shall not be stayed during pendency of such hearing or appeal. (Ord. 45 § 1, 1987; 1987 Code § 4.06.130)
4.04.140 Appeal.
A. Within 10 days after receipt of the decision of the hearing officer, any party affected by such decision may appeal the decision by filing with the city clerk a written appeal briefly setting forth the reasons why such denial, suspension, revocation or other decision is not proper.
B. Upon receipt of such written appeal, the city clerk shall schedule the matter for a public hearing before the city council. The hearing shall be held not more than 30 days from the time of the appeal, unless the appellant so consents. At least 10 days prior to the date of the hearing on the appeal, the clerk shall notify the appellant and issuing officer of the date and place of the hearing. The city clerk shall also have posted in the office of the issuing officer the time and place set for the appeal for a period of five days prior to the date of such appeal. The city council is authorized to issue subpoenas, to administer oaths and to conduct the hearing on the appeal. At such hearing, the issuing officer and the appellant may present evidence relevant to the denial, suspension, revocation or other decision of the issuing officer. The city council shall receive evidence and shall rule on the admissibility of evidence and on questions of law. At the hearing, any person may present evidence in opposition to, or in support of, the appellant’s case.
C. At the conclusion of the hearing, the city council may uphold the denial, suspension, revocation or other decision of the issuing officer, or the hearing officer may allow that which has been denied, reinstate that which has been suspended or revoked, or modify or reverse any other issuing officer’s decision which is the subject of the appeal. The city council’s decision is final. (Ord. 45 § 1, 1987; 1987 Code § 4.06.140)
4.04.150 Evidence.
A. Oral evidence shall be taken only by oath or affirmation.
B. Each party shall have these rights: to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called the witness to testify; and to rebut the evidence against the party. If the respondent does not testify on his own behalf, the respondent may be called and examined as if under cross-examination.
C. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions; and irrelevant and unduly repetitious evidence shall be excluded.
D. The hearing shall be conducted in the English language. The proponent of any testimony to be offered by a witness who does not proficiently speak the English language shall provide an interpreter, approved by the hearing officer conducting the proceeding as proficient in the English language and the language in which the witness will testify, to serve as interpreter during the hearing. The cost of the interpreter shall be paid by the party providing the interpreter. The city council may compile and publish a list of interpreters known to be proficient in various languages. Any person whose name appears upon such list shall be deemed to be approved by the hearing officer hearing the case. (Ord. 45 § 1, 1987; 1987 Code § 4.06.150)