Chapter 2.10
BUSINESS REGULATION

Sections:

Article I. Business Permits Generally

2.10.010    Title.

2.10.020    Purpose.

2.10.030    Applicability.

2.10.040    Definitions.

2.10.050    Permits required.

2.10.060    Permits—Duration.

2.10.070    Permits—Issuance to persons operating under fictitious business names.

2.10.080    Unlawful business.

2.10.090    Duplicate permit.

2.10.100    Presentment of permit.

2.10.110    Substitute for other provisions.

2.10.120    Fees.

2.10.130    Applications.

2.10.140    Business permits—Contents.

2.10.150    Business requiring a business permit.

2.10.160    Fingerprinting and photo identification.

2.10.170    Review and approval.

2.10.180    Investigation.

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

2.10.190    Notice and hearing.

2.10.200    Grounds for denial of business permit.

2.10.210    Effect of business permit denial.

2.10.220    Permit required for each business activity.

2.10.230    Business permit—Operative date.

2.10.240    Insurance and bond requirements.

2.10.250    Business permit renewal.

2.10.260    Business permit transfers and changes.

2.10.270    Modification, suspension or revocation.

2.10.280    Revocation—Initiation of hearing.

2.10.290    Revocation—Notice to permittee.

2.10.300    Procedure for revocation hearing.

2.10.310    Grounds for revocation of business permit.

2.10.320    Effect of revocation or suspension.

2.10.330    Conditions of approval.

2.10.340    Appeal from tax collector’s decision to city council.

2.10.350    Appeals—Notice of hearing.

2.10.360    Appeals—Hearing procedure.

2.10.370    Violations.

Article II. Business Requiring a Business Permit

2.10.400    Adult-oriented businesses.

2.10.410    Ambulance operator and ambulance driver.

2.10.420    Auction house.

2.10.430    Bath parlor.

2.10.440    Bench installation.

2.10.450    Billiard parlor or pool hall.

2.10.460    Bingo for charitable purposes.

2.10.470    Bowling alley.

2.10.480    Boxing or wrestling arena.

2.10.490    Carnival and concession.

2.10.500    Close-out, bankruptcy or fire sale.

2.10.510    Dancehall and dances.

2.10.520    Day care center or day nursery.

2.10.530    Drive-in or take-out restaurant.

2.10.540    Entertainment.

2.10.550    Escort bureau and introductory service.

2.10.560    Fireworks sales (retail).

2.10.570    Fireworks sales (wholesale).

2.10.580    Fireworks (storage).

2.10.585    Fines related to dangerous fireworks.

2.10.590    Fortunetelling.

2.10.600    Game arcade.

2.10.610    Garage sale (residential zone).

2.10.620    Golf range.

2.10.630    Gun dealer.

2.10.640    Health club.

2.10.650    Home occupation (residential zone).

2.10.660    Hospital or similar business.

2.10.670    House and street numbering.

2.10.680    Hypnotist.

2.10.690    Indoor merchandising center.

2.10.700    Junkyard, junk storage yard, salvage yard and automobile wrecking yard.

2.10.710    Locksmith.

2.10.720    Massage and massage-related establishments and massage practitioners.

2.10.725    Material recovery facility.

2.10.730    Miscellaneous business conducted wholly or partially in the open (not within an enclosed building).

2.10.740    Mobilehome park.

2.10.750    Model studio.

2.10.760    Motel—Residential.

2.10.770    Motion picture theater.

2.10.780    Parking lot (commercial).

2.10.790    Pawnbroker and secondhand dealer.

2.10.800    Peddler and solicitor (commercial).

2.10.810    Picture arcade.

2.10.820    Private patrol service and patrol officer.

2.10.830    Public dump.

2.10.840    Rebound tumbling center.

2.10.850    Riding academy or equestrian center.

2.10.860    Shooting gallery.

2.10.870    Skateboard center.

2.10.880    Skating rink.

2.10.890    Social club (proprietary).

2.10.900    Solicitation for charitable purpose.

2.10.910    Taxicab business.

2.10.920    Tow truck services and nonowner tow truck driver.

2.10.930    Used vehicle sales.

2.10.940    Used equipment sales.

2.10.950    Vehicle, trailer or equipment rental.

2.10.960    Determination of operating requirements for certain businesses.

2.10.970    Sidewalk vending program.

2.10.980    Severability.

Article I. Business Permits Generally

2.10.010 Title.

This chapter shall be known, and may be cited as, the "Business Regulation Ordinance."

(Ord. 1948 § 1 (part), 5-25-93)

2.10.020 Purpose.

The purpose of this chapter is to protect the public health, welfare and safety by:

A.    Obtaining adequate information regarding the ownership and operation of businesses within the city and facilitating contact between the city and those businesses;

B.    Regulating the operation of certain specified businesses to ensure that such operation does not adversely affect the public health, welfare, and safety;

C.    Providing for a healthy and stable business community within the city’s boundaries;

D.    Collecting statistical information concerning businesses located or operating within the city’s boundaries;

E.    Monitoring sales tax registration and compliance.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.030 Applicability.

This chapter shall apply to all businesses located or operating within the boundaries of the city.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.040 Definitions.

A.    For the purpose of this chapter, the following terms shall have the following meanings:

1.    "Agent" means a person who acts for, on behalf of, or in the place of another person.

2.    "Agency review" or "departmental review" means that process by which business permit applications are reviewed by designated city departments to determine whether the proposed operations of a particular business are in conformity with the requirements of this chapter and of this code.

3.    "Business" means an establishment engaged in one or more commercial or mercantile activities for the purpose of earning, in whole or in part, a profit or livelihood, whether or not a profit or livelihood is actually earned thereby.

4.    "Business activity" means a commercial or mercantile activity, together with all devices, machines, articles and appurtenances used therein, which is conducted for the purpose of earning, in whole or in part, a profit or livelihood, whether or not a profit or livelihood is actually earned thereby.

5.    "Employee" means any person engaged in the operation or conduct of any business in the city, whether as an owner, a member of the owner’s family, or as a partner, agent, manager, solicitor, apprentice, trainee or any other category of person employed or working in such business.

6.    "Permit" means the certificate issued by the tax collector or by the city council, as may be appropriate, as a prerequisite to operating any business which is governed by the provisions of this chapter.

7.    "Permittee" means any person holding a permit to operate a business within the city.

8.    "Person" means any individual, partnership, corporation or joint venture which conducts or purports to conduct a business activity within the city.

9.    "Sexually oriented business" means adult bookstores, nude or semi-nude entertainment, escort bureaus and introductory services, massage establishments, model studios, adult motion picture theaters and picture arcades showing adult entertainment pictures.

10.    "Tax collector" means the director of finance or the designee of the director of finance.

B.    The definitions set forth in Chapter 2.08, as they relate to words, terms and phrases utilized in this chapter, shall be applicable in interpreting and construing such words, terms and phrases.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.050 Permits required.

A.    Generally. It is unlawful for any person to commence or conduct, or purport to commence or conduct, either directly or indirectly, any business activity in the city without first having procured a business permit, where required, and paying the required fees therefor.

B.    When Permit Required. All business activities specified in Section 2.10.150 shall be authorized by a business permit issued pursuant to this chapter.

C.    Advertising Businesses. No person shall advertise or announce a business activity located in the city until a business permit has first been obtained as required by this chapter. "Advertising or announcing" includes, but is not limited to, disseminating pamphlets or handbills, publishing newspaper announcements and purchasing radio or television commercials.

D.    Managers. Where the provisions of this chapter governing particular business activities require a manager, such individual, unless he or she is the person to whom the permit for the business activity is issued, must obtain a manager’s permit and pay the required fee therefor. The application for a manager’s permit shall be on a form provided by the tax collector and shall, to the extent feasible, be submitted concurrently with the application for business permit required by Section 2.10.130.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.060 Permits—Duration.

A.    Original Issuance. The duration of a business permit which is initially issued to an applicant pursuant to the provisions of this chapter shall be the same as the duration of the business license which is issued pursuant to Chapter 2.08, and shall expire on December 31st, if the annual license period is the calendar year, or on June 30th, if the annual license period is the fiscal year.

B.    Renewals. The renewal of a business permit issued pursuant to the provisions of this chapter shall be applied for at the same time as application is made for renewal of the business license which is issued pursuant to Chapter 2.08, and the duration of such permit renewed shall be one year, whether based upon a calendar year or a fiscal year.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.070 Permits—Issuance to persons operating under fictitious business names.

A business permit may be issued to a person operating under a fictitious business name who has complied with all applicable provisions of the California Business and Professions Code. Otherwise, all permits shall be issued in the true name of the person applying for a permit, as it appears on the application for a permit.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.080 Unlawful business.

No business permit issued under the provisions of this chapter shall be construed as authorizing any business activity which is prohibited under the laws of the United States, the federal and state constitutions, this code or any other applicable law, ordinance, rule or regulation. Any such business permit shall be void.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.090 Duplicate permit.

A permittee shall report to the tax collector the loss of any business permit, whether in the form of a sticker, tag, card, paper, certificate or otherwise. The tax collector shall issue to the permittee a duplicate permit upon the payment of the prescribed fee established by resolution of the city council.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.100 Presentment of permit.

A.    Posting. Every person required to have a business permit pursuant to the provisions of this chapter, and who conducts, manages or carries on a business activity at a fixed location, shall post such permit in a conspicuous place at the business location.

B.    Carrying. Every person required to have a business permit pursuant to the provisions of this chapter, and who does not have a fixed place of business, shall carry such permit at all times when conducting the business activity for which such permit was issued.

C.    Presentation on Demand. Every person required to have a business permit pursuant to the provisions of this chapter shall produce the permit when so requested by any city official who is authorized to issue or collect permit fees, or who is authorized to conduct inspections or otherwise enforce the provisions of this chapter or of this code.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.110 Substitute for other provisions.

No person required by this chapter to pay permit fees shall be relieved from the payment of any applicable license fees or from compliance with any regulations required by any other provisions of this code.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.120 Fees.

Business permit fees shall be established by resolution of the city council.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.130 Applications.

A.    Generally. Every person commencing or conducting, or purporting to commence or conduct, any business activity required to be permitted pursuant to this chapter shall file an application for a business permit and pay the required fees therefor. Applications for business permits shall be provided by the tax collector.

B.    Application Deadlines.

1.    Every person engaging in or operating a regulated business activity on the effective date of this chapter shall apply for an original business permit, or for the renewal of a business permit, not later than the deadline for submittal of the renewal application for a business license.

2.    Every person commencing or purporting to commence a regulated business activity after the effective date of this chapter shall apply for a business permit not less than thirty days prior to commencing such business activity.

3.    The required fees shall be paid at the time the application for a business permit, or for the renewal of a business permit, is submitted.

C.    Submission of Applications. The tax collector shall determine whether an application is complete. If an application is determined to be complete, the application shall be accepted. If it is determined that the application is incomplete, the applicant shall be notified as to the information required to complete the application. An application shall not be considered filed until it has been determined to be complete.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.140 Business permits—Contents.

A.    The application for a business permit shall be signed by an individual applicant or a sole-proprietorship applicant, or by an authorized signatory for a partnership or corporate applicant. The application shall contain the following information, to the extent applicable:

1.    The full name and address of the applicant:

a.    If the applicant is an individual or a sole proprietorship, the name and residence address of the individual applicant or of the individual conducting the sole proprietorship shall be set forth,

b.    If the applicant is a partnership, the name and residence address of each general partner shall be set forth. If one or more of the general partners is a corporation, the provisions of subparagraph (c) pertaining to a corporate applicant shall apply to each corporate general partner,

c.    If the applicant is a corporation, the name shall be set forth as it appears in the articles of incorporation, and the address set forth shall be the principal executive office for the conduct of business in the state of California or if none, the principal executive office in the applicant’s state of incorporation. If the capital stock of the corporate applicant is not publicly traded, the additional information set forth below shall also be provided:

(i)    The name and residence address of each director of the corporation,

(ii)    The name and residence address of each executive officer of the corporation, i.e., president, vice president, secretary, treasurer, etc.,

(iii)    The name and residence address of each shareholder owning ten percent or more of the outstanding capital stock of the corporation,

(iv)    The name and business address of the person designated by the corporation to accept service of process in the state of California;

2.    The address of the intended business. A person may not use a post office box, mailbox or message service as the address of the business for purposes of this chapter. A post office box, mailbox or message service may be used as the mailing address of the business for business purposes only;

3.    A description of the facility proposed to house the intended business activity;

4.    A description of the intended business activity and, if a new business, the estimated starting date of such business activity;

5.    If the business is advertised to the public and operates under a name other than the name of the applicant, such other name or designation shall also be set forth;

6.    The names, addresses and telephone numbers of at least two individuals who may be contacted by the city in case of an emergency;

7.    With regard to each of the individuals required to be identified by name and address as specified in subsection (A)(1) of this section, the applicant shall describe in narrative form the details of any of the following events that occurred during the previous five years:

a.    Such individual was convicted in a criminal proceeding or is a named subject of a pending criminal proceeding (excluding traffic violations and infractions),

b.    Such individual, or any partnership or corporate entity with which such individual was affiliated as a partner, officer, director or as a shareholder owning ten percent or more of the outstanding capital stock, was the subject of any order, judgment or decree, not subsequently reversed, suspended or vacated, of any court of competent jurisdiction, permanently or temporarily enjoining or otherwise limiting such individual or entity from engaging in or continuing any conduct or practice in connection with the operation of this type of business activity, or a substantially similar business activity,

c.    Such individual, or any partnership or corporate entity with which such individual was affiliated as a partner, officer, director or as a shareholder owning ten percent or more of the outstanding capital stock, in previously operating or engaging in the operation of this type of business activity, or a substantially similar business activity, in this or any other city or state, under license or permit, has had such license or permit denied, revoked or suspended,

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

B.    The application for a business permit shall also contain such additional information as may be required by this chapter in connection with the specific business activity for which a permit is requested, or which the tax collector may deem to be necessary and appropriate for the purpose of evaluating the ability and willingness of the applicant to comply with all regulatory conditions and restrictions authorized by this chapter to be imposed, and to thereby protect the health, safety and general welfare of the community.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.150 Businesses requiring a business permit.

A.    No person shall commence or conduct, or purport to commence or conduct, any of the following business activities without first obtaining a valid business permit and paying the permit fee therefor, in the amount established by resolution of the city council:

1.    Adult-oriented business;°

1.5.    Adult-oriented business employee;°

2.    Ambulance operator and ambulance driver or attendants;+

3.    Auction house;+

4.    Bath parlor;*°

5.    Bench installation;

6.    Billiard parlor/pool hall;*°

7.    Bingo for charitable purposes;°

8.    Bowling alley;°

9.    Boxing or wrestling arena;*°

10.    Carnival and concession;+°

11.    Close-out, bankruptcy or fire sale;+°

12.    Dance hall and dances;*°

13.    Day care center or day nursery;°

14.    Drive-in or take-out restaurant;

15.    Entertainment;*°

16.    Escort bureaus and introductory services;*°

17.    Fireworks sales (retail);°

18.    Fireworks sales (wholesale);

19.    Fireworks (storage);

20.    Fortunetelling;

21.    Game arcade;*°

22.    Garage sale (residential zone);

23.    Golf range;°

24.    Gun dealer;*

25.    Health club;°

26.    Home occupation (residential zone);

27.    Hospital or similar business;°

28.    House and street numbering;*+°

29.    Hypnotist;+

30.    Indoor merchandising center;°

31.    Junkyard, junk storage yard, salvage yard and automobile wrecking yard;

32.    Locksmith;

33.    Massage establishment and massage technician;*°

34.    Material recovery facility;*+°

35.    Miscellaneous business conducted wholly or partially in the open (not within an enclosed building);°

36.    Mobile home park;°

37.    Model studio;*°

38.    Motel-residential;°

39.    Motion picture theater;°

40.    Parking lot (commercial);

41.    Pawnbroker and secondhand dealer;°

42.    Peddler and solicitor (commercial);

43.    Picture arcade;*°

44.    Private patrol service and patrol officer;

45.    Public dump;*

46.    Rebound tumbling center;°

47.    Riding academy or equestrian center;

48.    Shooting gallery;°

49.    Skateboard center;°

50.    Skating rink;°

51.    Social club (proprietary);*°

52.    Solicitation for charitable purpose;

53.    Taxicab and taxicab driver;*+°

54.    Tow truck and non-owner tow truck driver;+

55.    Used vehicle sales;*°

56.    Used equipment sales;°

57.    Vehicle, trailer or equipment rental.

*    indicates that such business activity requires a hearing before the city council before issuance of a business permit.

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

°    indicates that such business activity requires a permitted manager pursuant to Section 2.10.050.

B.    The regulations pertaining to specified businesses or business activities requiring a business permit are set forth in Article II of this chapter commencing with Section 2.10.400.

(Ord. 2266 § 1, 10-27-09; Ord. 2265 § 1, 10-13-09; Ord. 1980 § 3, 1-24-95: Ord. 1948 § 1 (part), 5-25-93)

2.10.160 Fingerprinting and photo identification.

Fingerprinting and photo identification may be required by the tax collector in connection with an application for a particular business permit.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.170 Review and approval.

A.    Responsibility. The responsibility for approving business permit applications shall be as follows:

1.    Business Permit Applications Which Do Not Require Hearings. These business permit applications shall be subject to the approval of the tax collector as the reviewing authority. Any person may appeal the tax collector’s decision on the application in a manner consistent with the requirements of Section 2.10.340. The timely filing of an appeal shall entitle the appellant to a hearing.

2.    Business Permit Applications Which Require Hearings. These business permit applications shall be subject to the approval of the city council as the reviewing authority.

B.    Preconditions to Approval. Before any business permit is issued, the reviewing authority shall ensure that the applicant has agreed to abide by all the conditions and restrictions authorized by this chapter to be imposed on the particular business involved.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.180 Investigation.

A.    Generally. Once a completed application is filed, and the applicant has paid the prescribed business permit fee, the tax collector shall initiate an investigation of facts relating to the business permit application with appropriate city officers and departments. This review process shall ensure that the action to be taken on each business permit application is consistent with the intent and purpose of this chapter.

B.    First Amendment Activities. In the case of businesses involved primarily in first amendment activities, the review process shall be completed within forty-five days, and the decision of the tax collector or the city council approving or denying the business permit shall be made within said forty-five day period, unless the applicant consents to a longer period.

(Ord. 1948 § 1 (part), 5-25-93)

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

A.    The information disclosed by an applicant for a business permit pursuant to Section 2.10.140(A)(7) shall be reviewed and considered by the tax collector or the city council, as applicable, in evaluating the ability and willingness of the applicant to comply with all regulatory conditions and restrictions imposed by this chapter on the specific business for which a permit is requested and to thereby protect the health, safety and general welfare of the community.

B.    In no event shall a prior criminal record, whether considered alone or in conjunction with prior injunctive relief, or the prior denial, revocation or suspension of a business license or permit, constitute the sole basis or justification for the denial of a business permit unless the tax collector or the city council, as applicable, after reviewing and considering all relevant facts and circumstances, finds and determines as follows:

1.    That, with regard to a proposed business activity primarily involving first amendment activities, the issuance of the permit would constitute a clear and present danger of a serious, substantive evil; or

2.    That, with regard to a proposed business activity not involving first amendment activities, the applicant’s prior criminal record includes one or more convictions for a crime involving moral turpitude which is substantially related to the business activity for which the permit is requested and, when considered alone or in conjunction with prior injunctive relief or the prior denial, revocation or suspension of a business license or permit, the issuance of the permit would be detrimental to the health, safety and general welfare of the community.

C.    Whenever the city council, whether upon an appeal from a determination by the tax collector or in the course of any hearing required by this chapter to be conducted by the city council, determines that it is necessary to discuss and determine whether an applicant for a business permit or business permit renewal, which applicant, or any individual affiliated with a partnership or corporate applicant as a partner, officer, director or as a shareholder owning ten percent or more of the outstanding capital stock, has a criminal record, is sufficiently rehabilitated to obtain the business permit, the city council may hold a closed session with the applicant and the applicant’s attorney, if any, for the purpose of holding the discussion and making the determination. Such closed session shall be held pursuant to Section 54956.7 of the Government Code, as it now exists or may hereafter be amended.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.190 Notice and hearing.

A.    Notice.

1.    Notice where City Council Review Required. Upon receipt in proper form of a business permit application requiring city council review and approval, as specified in Section 2.10.150, notice of the hearing shall be given at least ten days prior thereto in the following manner:

a.    Notices of hearings shall be posted next to the west and south facing main entrance doors of city hall, 8650 California Avenue, and inside the Leland R. Weaver Library (inside main entrance), 4035 Tweedy Boulevard, and published in a newspaper of general circulation, ten days prior to the original date of hearing. (Ord. 2159 § 1, 3-23-04) and

b.    Notice shall be mailed, postage prepaid, to those individuals or community or neighborhood groups that have requested from the city written notification of business permit applications. Such notice shall include the information specified in subsection (A)(1)(a) of this section.

2.    Notice where City Council Review Not Required. Upon receipt in proper form of a business permit application for a business activity not requiring city council review and approval as specified in Section 2.10.150, the tax collector shall notice review of the application in the following manner: notice of the submission of a completed application, the period during which any interested party may make written comment regarding the application, the nature of the business activity proposed to be operated and the location of such proposed business activity, shall be noticed as required above in subsection (A)(1)(a) of this section.

B.    Hearings. The city council shall conduct all hearings required of it under this chapter. Such hearings shall be conducted as follows:

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

2.    Filing Protests. Any interested person, at any time after the filing of an application or before the close of the hearing regarding such application, or at any time after the filing of an application and before the close of the tax collector’s review, may file written letters of support or protest, for or against the granting of such application. In considering the application, the tax collector or city council, as applicable, shall give consideration to all such documents so filed.

(Ord. 2159 § 1, 3-23-04; Ord. 1948 § 1 (part), 5-25-93)

2.10.200 Grounds for denial of business permit.

A.    Business Activities Involving First Amendment Activities. Neither the tax collector nor the city council shall approve an application for a business permit for a business activity primarily involving first amendment activities if any of the following findings are made:

1.    The building, structure, premises or the equipment used to conduct the business activity, fails to comply with all applicable health, zoning, fire, building and safety laws of the state of California or of the city; provided, however, that this subsection shall not be construed to require that the applicant actually be in compliance with such laws at the time set for review and approval. The tax collector or the city council, as applicable, may approve a business permit and condition its operative date upon the later submission by the applicant to the tax collector of a certificate of occupancy issued by the department of building and safety or other satisfactory evidence that the business activity is then in compliance with all applicable laws.

2.    The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for the business permit or in any report or statement required to be filed with the tax collector or the city council.

3.    The business is prohibited by any local or state law, statute, rule or regulation, or is prohibited in the particular location or zone by any ordinance, statute, rule or regulation.

4.    The city council has made the findings and determination as specified in Section 2.10.185 relating to an applicant for a permit for a proposed business activity involving first amendment activities.

B.    Business Activities Not Involving First Amendment Activities. Neither the tax collector nor the city council shall approve an application for a business permit for a business activity not primarily involving first amendment activities if any of the following findings are made:

1.    The building, structure, premises or the equipment used to conduct the business activity, fails to comply with all applicable health, zoning, fire, building and safety laws of the state of California or of the city; provided, however, that this subsection shall not be construed to require that the applicant actually be in compliance with such laws at the time set for review and approval. The tax collector or the city council, as applicable, may approve a business permit and condition its operative date upon the later submission by the applicant to the tax collector of a certificate of occupancy issued by the department of building and safety or other satisfactory evidence that the business activity is then in compliance with all applicable laws;

2.    The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for the business permit or in any report or statement required to be filed with the tax collector or the city council;

3.    The business is prohibited by any local or state law, statute, rule or regulation, or is prohibited in the particular location or zone by any ordinance, statute, rule or regulation;

4.    The city council has made the findings and determination as specified in Section 2.10.185 relating to an applicant for a permit for a business activity not involving first amendment activities.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.210 Effect of business permit denial.

A.    Limitation on New Applications. If an applicant’s business permit application for a particular business activity has been denied, the tax collector shall not process a new application by that applicant for that business activity for a twelve-month period after the denial unless the tax collector determines that the reason for the denial has been cured and no longer exists.

B.    Appealability. The denial of an application by the tax collector may be appealed to the city council in a manner consistent with Section 2.10.340. If the denial of an application for a business primarily involving a first amendment activity is appealed, the appeal shall be heard within thirty days of the date on which a timely and complete notice of appeal is received.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.220 Permit required for each business activity.

When any person is engaged at one location in more than one business activity for which a business permit is required, such person shall be deemed to be conducting each business activity separate and apart from any other business activity. The total fees for all business activities shall be determined by reference to the fee schedule established by resolution of the city council, as authorized by Section 2.10.120.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.230 Business permit—Operative date.

A.    Generally. The operative date for the initial business permit shall be the date of approval of the application by the tax collector or the city council, unless a later date is specified; provided, however, that no permit period for the initial business permit shall extend beyond any permissible license period which pertains to the business.

B.    Renewals. The operative date for a business permit renewal shall be as specified in Section 2.10.060.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.240 Insurance and bond requirements.

A.    Permit Validity and Grounds for Suspension. Whenever the provisions of this chapter require an applicant for any business permit to procure, post or maintain in effect any bond, undertaking, deposit or policy of insurance, any business permit issued is valid only while such bond, undertaking, deposit or policy of insurance is in full force and effect. The business permit shall automatically be suspended without notice if at any time such bond, undertaking, deposit or policy of insurance is not in full force and effect. The tax collector shall notify the permittee in writing of any suspension pursuant to this section. Within ten days thereafter, the permittee may request in writing a hearing before the city council. The city council shall hold a hearing in a manner consistent with Section 2.10.190 and, as warranted by the evidence received at the hearing, may revoke the permit or terminate the suspension and restore the permit. If the permittee does not request a hearing, the permit is automatically revoked at the end of ten days following the notification of suspension.

B.    Cancellation of Insurance or Bond.

1.    Except as otherwise provided, a policy of insurance or a bond or undertaking required under this chapter shall not be accepted unless it provides that it shall not be cancelled until thirty days after the insurer or surety gives notice thereof to the tax collector. If a permittee learns that such a bond, undertaking or policy of insurance will be or has been cancelled, such permittee shall notify the tax collector within three days of such notice. If a new bond, undertaking or policy of insurance acceptable to the tax collector is filed before the previous one is cancelled or expires, then the permit shall continue in full force;

2.    Any employee, officer or department of the city which is informed of any modification or cancellation of any insurance policy, undertaking or bond required under this chapter shall immediately notify the tax collector of such modification or cancellation.

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

1.    It shall be primary and not contributing to any other insurance maintained by the city;

2.    It shall name the city, its officers, agents and employees, as an additional insured;

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

4.    It shall bear a deductible in an amount approved by the tax collector;

5.    It shall be issued by an insurer approved by the city;

6.    It shall be endorsed so as to provide the tax collector with thirty days prior notice of any cancellation or modification of the policy.

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

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

(Ord. 1948 § 1 (part), 5-25-93)

2.10.250 Business permit renewal.

A.    Generally. Except as otherwise provided in subsection E of this section, when an applicant timely submits a business permit renewal application, the tax collector shall renew the permit effective upon the expiration of the prior permit.

B.    Renewal Application Deadlines. Every person desiring to continue in business after the expiration of the permit period shall file an application for renewal not less than thirty days prior to the expiration of the permit period. In the case of a business activity having a fixed location, a permit application for a different location is not a renewal and shall be deemed to be a new application.

C.    Late Applications—Before Expiration. The tax collector may accept an application for renewal after the time specified in subsection B of this section if it is filed before the expiration of the prior permit. The filing of such late application shall give the applicant no greater rights than upon the filing of an application for an original permit.

D.    Late Application—After Expiration.

1.    Except as otherwise provided in this section, the tax collector shall not accept a renewal application for a permit which has expired, or which for any other reason is not in full force and effect. The applicant may apply for a new permit if not prohibited from doing so by any other provision of this chapter, and such application shall be accompanied by the required fee for a new permit.

2.    The tax collector may accept an application for a renewal after the time specified in subsection B of this section if it is filed not later than sixty days after the expiration of the prior permit and if the tax collector finds good cause as to why the application was not filed before the expiration of the permit period. When an application is submitted pursuant to this subsection, the fee shall be the renewal fee plus twenty-five percent thereof. Such application shall give the applicant no greater rights than upon the filing of an application for an original permit.

3.    Good cause, pursuant to subdivision 2 of this subsection shall be found where:

a.    A serious illness that required hospitalization or confinement to bed prevented timely application for renewal; or

b.    Unforeseen and extraordinary circumstances prevented timely application for renewal.

E.    Hearing Requirements for Certain Renewals.

1.    If the city has received notice of any of the following upon or subsequent to the filing of any permit renewal application, the application for renewal may be set for hearing before the city council and noticed in a manner consistent with Section 2.10.190:

a.    A transfer or change as specified in Section 2.10.260; or

b.    A significant change in the operation of any permitted business which may involve noncompliance with city, county or state laws or regulations; or

c.    Any city department or officer performing a review of the permit renewal application has notified the tax collector in writing that it recommends denial of, or the imposition of, new or additional conditions upon such permit, and such new or additional conditions are not acceptable to the permittee;

d.    The public works director notifies the tax collector that a requisite encroachment permit will not be renewed pursuant to Section 5.05.080. (Ord. 2039 § 1, 10-13-98)

2.    The tax collector shall set for public hearing by the city council renewal applications for the following business permits when the permitted business is not customarily open to the general public because minors are excluded as a prevailing business practice:

a.    Adult bookstores;

b.    Adult motion picture theaters;

c.    Bath parlor;

d.    Billiard parlor/pool hall;

e.    Entertainment (nude or semi-nude);

f.    Escort bureaus and introductory services;

g.    Massage establishments;

h.    Model studios;

i.    Picture arcades showing adult entertainment pictures.

(Ord. 2039 § 1, 10-13-98; Ord. 1948 § 1 (part), 5-25-93)

2.10.260 Business permit transfers and changes.

A.    Generally. No business permit issued under this chapter shall be transferred, nor shall any authorized location be changed, unless such transfer or change is approved in the same manner as an original permit for the business activity. Upon approval of the transfer or change, the transferee shall be issued a new permit for the business activity.

B.    Transfers. The following transactions shall be deemed to be transfers:

1.    The addition of a new partner or partners, or the withdrawal of a former partner or partners;

2.    The transfer of a business from one partnership to another;

3.    The transfer of a business from a partnership to a corporation;

4.    The transfer of a business from one corporation to another;

5.    The transfer of a business from a corporation to a partnership;

6.    The transfer of a business from a corporation to an individual, or vice versa;

7.    The transfer of a business from a partnership to an individual, or vice versa;

8.    The transfer of a stock ownership interest in a corporation exceeding fifty percent from one shareholder to another shareholder or to another person.

C.    Change of Location.

1.    Generally. Except as provided in subdivision 2 of this subsection, a permittee may transfer a business permit to a different location upon application to the tax collector who shall review such application in a manner consistent with Section 2.10.180.

2.    Effect of Hearing Requirement. Where this chapter would have required a hearing by the city council for the issuance of the original business permit, a permittee may not transfer a business permit to another location unless a hearing is conducted pursuant to Section 2.10.190, and the city council approves such transfer.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.270 Modification, suspension or revocation.

Any business permit issued by the city may be conditioned, modified, suspended or revoked for cause by the city council pursuant to Sections 2.10.280 et seq.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.280 Revocation—Initiation of hearing.

A hearing to determine whether an existing permit shall be conditioned, modified, suspended or revoked shall be initiated by a written statement of charges. Such statement may be initiated by any commission, department, officer or agency of the city which is authorized or required to review or inspect the permitted business activity for compliance with city regulations. Such statement shall be submitted to the tax collector.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.290 Revocation—Notice to permittee.

If the tax collector determines that a hearing is warranted, written notice of the hearing shall be given to the permittee not less than ten days prior thereto.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.300 Procedure for revocation hearing.

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

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

C.    Decision. The city council shall issue its decision in writing. The decision shall contain a determination of the issues presented.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.310 Grounds for revocation of business permit.

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

A.    Business Activities Involving First Amendment Activities.

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

2.    That the permittee, or any employee, agent or manager of the permittee, has violated any federal or state statute or any ordinance or regulation of the city in the course of exercising any rights under the business permit which is being considered for revocation;

3.    That the permittee, or any employee, agent or manager of the permittee, has knowingly made any false, misleading or fraudulent statement of material fact in the application for permit, or in any report or statement required to be filed with the tax collector or the city council;

4.    That the permittee, or any employee, agent or manager of the permittee, has published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the permitted business;

5.    That the permittee has failed or refused to notify the tax collector of any change in facts as required by this chapter within five days after such change;

6.    That the permittee, or any employee, agent or manager of the permittee, has violated any conditions or restrictions of the business permit;

7.    That the permittee, or any employee, agent or manager of the permittee, has allowed, or failed to prevent, the use of the business as a base for unlawful or criminal activity, including, but not limited to, solicitation, prostitution or drug trafficking.

B.    Business Activities Not Involving First Amendment Activities.

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

2.    That the permittee, or any employee, agent or manager of the permittee, has violated any federal or state statute or any ordinance of the city in the course of exercising any rights under the business permit which is being considered for revocation;

3.    That the permittee, or any employee, agent or manager of the permittee, has been found to have committed a crime of moral turpitude which bears a substantial relationship to the conduct of the business activity for which the business permit is being considered for revocation;

4.    That the permittee, or any employee, agent or manager of the permittee, has knowingly made any false, misleading or fraudulent statement of material fact in the application for permit, or in any report or statement required to be filed with the tax collector or the city council;

5.    That the permittee, or any employee, agent or manager of the permittee, has published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the operation of the permitted business;

6.    That the permittee has failed or refused to notify the tax collector of any change in facts as required by this chapter within five days after such change;

7.    That the permittee, or any employee, agent or manager of the permittee, has violated any conditions or restrictions of the business permit;

8.    That the permittee has been held liable for, or has been convicted of, any offense involving the maintenance of a nuisance resulting from any act performed in exercising any rights under the business permit which is being considered for revocation;

9.    That the permittee, or any employee, agent or manager of the permittee, has violated any rule or regulation adopted by the city council or any other governmental agency relating to the permittee’s business;

10.    That the permittee has conducted the permitted business in a manner contrary to the public health, safety and welfare.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.320 Effect of revocation or suspension.

A.    No refunds of any business permit fees shall be made to any permittee upon revocation of a business permit.

B.    Following revocation of any business permit for cause under this chapter, no business permit to conduct the same business activity shall be issued to the same person for a period of one year.

C.    Whenever a business permit is suspended or revoked, the tax collector shall take into possession the business permit for the subject business activity. The permittee shall surrender the business permit and permit stickers, or similar evidence of a permit, to the tax collector.

D.    Upon revocation or suspension of a business permit, the permittee shall immediately cease operation of the business activity. Except as otherwise provided, if the permit is suspended, the permittee may resume operation upon expiration of the suspension period.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.330 Conditions of approval.

A.    Right to Condition Permit. The tax collector or the city council, as applicable, may condition any business permit if it is determined that grounds for denial or revocation exist, or that the manner in which the business has been conducted or operated is detrimental to the public health, safety and welfare, in that:

1.    The permittee, or any agent, manager or employee of the permittee, has failed to maintain the premises in a neat and clean condition and has allowed the business premises to deteriorate and become blighted;

2.    The permittee, or any agent, manager or employee of the permittee, has allowed, or failed to prevent, the use of the business premises by its patrons as a base for criminal or otherwise unlawful activity;

3.    The permittee, or any agent, manager or employee of the permittee, has allowed, or failed to discourage, criminal or otherwise unlawful activity on or immediately adjacent to the business premises;

4.    The permittee, or any agent, manager or employee of the permittee, has failed to provide adequate parking to serve its patrons, thereby causing patrons to cruise on neighborhood streets in search of parking, and causing other traffic-related noise and disturbances;

5.    The permittee, or any agent, manager or employee of the permittee, has failed to control the actions of its patrons on or immediately adjacent to the business premises.

B.    Application to Modify Conditions. The city council may modify or eliminate any conditions previously imposed on a business permit upon written request of the permittee if it finds that the reasons for the original imposition of such conditions have been cured or no longer exist. Applications to modify conditions shall be noticed and set for public hearing in a manner consistent with Section 2.10.190.

C.    Consent to Right of Entry. If the tax collector or the city council finds that unannounced inspections of the business premises are necessary to enforce the provisions of this chapter, either may impose as a condition of the permit that the permittee consent to entry of the permittee’s place of business at all reasonable times by any city officer or employee authorized to enforce the provisions of this chapter or other provisions of the code. Upon presentation of proper credentials by any such officer or employee, the permittee shall allow such inspection.

D.    Noise Abatement.

1.    Whenever, upon due notice and hearing pursuant to Section 2.10.190, it shall be determined by the city council that noise from any business activity permitted under this chapter interferes with the right of persons dwelling in the vicinity of such business activity to the peaceful and quiet use and enjoyment of their property, or that the business activity permitted under this chapter is in violation of the noise emissions ordinance of the city, the city council may require that the premises of the business activity be soundproofed to eliminate the noise or reduce it to a reasonable level. In taking any action under this section, the city council shall balance all of the interests of the respective parties, as well as the hardship which will result from any such noise mitigation measures. If the city council finds that the noise complained of is minimal or inconsequential, no action shall be taken under this section.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.340 Appeal from tax collector’s decision to city council.

A.    Filing. Any person aggrieved by any decision of the tax collector may file with the tax collector a notice of appeal to the city council within ten days of the date of mailing of the decision. The notice shall be signed by the appellant or the legal representative of the appellant and shall be sufficient if it states that the appellant appeals from a specified decision or a particular part thereof. The notice of appeal may state briefly the grounds upon which the appeal is based but shall contain no argument, evidence or legal points and authorities.

B.    Effect of Notice of Appeal. If a timely appeal is filed, the effect, if any, of the tax collector’s decision shall be stayed pending the city council’s resolution of the matter, unless the tax collector specifically finds and determines that the public health and safety will be endangered by any such stay, in which case any business permit previously issued shall be immediately suspended.

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

D.    Accounting of Funds. The tax collector shall keep a permanent and accurate account of all deposits received on appeal. If the actual cost of the transcript exceeds the amount deposited by the appellant, the appellant shall pay the deficiency; if it is less, the tax collector shall refund the difference to the appellant.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.350 Appeals—Notice of hearing.

Upon receipt of a timely notice of appeal and the deposit of estimated costs, the tax collector shall notify the city clerk of the request for appeal. The tax collector shall give not less than thirty days written notice to the appellant, and to the permittee if other than the appellant, of the date, time and place of the hearing. The notice shall also state whether the city council will allow the introduction of additional evidence. The tax collector shall, in addition, provide public notice in the same manner in which notice of the original public hearing for the subject permit was provided.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.360 Appeals—Hearing procedure.

A.    Transmission of Evidence. Upon the filing of a notice of appeal and the deposit of estimated costs, the tax collector shall transmit to the city council the transcript of the documentation on the matter. Copies of the transcript shall also be delivered to the appellant and to the permittee, if other than the appellant.

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

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

1.    Render a decision upholding, reversing or modifying in any respect the decision of the tax collector;

2.    Remand the matter to the tax collector with directions;

3.    Impose, as a condition of the continuation, reinstatement or reissuance of any business permit, a requirement that the permittee reimburse the city for all costs and expenses reasonably incurred in investigating, identifying and documenting any violation or breach of the conditions of the business permit for presentation to the city council.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.370 Violations.

A.    Generally. Unless otherwise provided herein, any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and punishable as provided for in this code. Where the conduct constituting the violation is of a continuing nature, each day that the conduct continues shall be deemed a separate and distinct violation.

B.    False Statements. Any person who knowingly makes any false statement in any application for the issuance or renewal of a business permit, or in any report required under this chapter, is guilty of a misdemeanor and punishable as provided for in this code.

(Ord. 1948 § 1 (part), 5-25-93)

Article II. Businesses Requiring a Business Permit

2.10.400 Adult-oriented businesses.

A.    Findings and Purpose. The city council finds and declares as follows:

1.    Numerous studies have been conducted concerning the negative secondary effects of adult businesses, including, but not limited to, Milford, Massachusetts (2008); Los Angeles, California (2007, and 1977); Palm Beach County, Florida (2007); Centralia, Washington (2004); Toledo, Ohio (2003); Denver, Colorado (1998); Ellicottville, New York (1998); New York, New York (1994); Garden Grove, California (1991); El Paso, Texas (1986); Phoenix, Arizona (1979); and Whittier, California (1978).

2.    The aforementioned studies indicate that areas within communities that have sexually oriented businesses experience a marked increase in property crimes (such as burglary, larceny, and auto theft), violent crimes (such as rape, murder, robbery, and assault), and sex crimes (such as rape, indecent exposure, lewd and lascivious behavior, child molestation, and prostitution) in comparison to those areas of communities where sexually oriented businesses are not located.

3.    The city council relies upon and incorporates by reference the findings of each of the aforementioned studies concerning the adverse secondary effects of adult-oriented businesses, as well as the evidence of adverse secondary effects of adult-oriented businesses which is within the common knowledge of municipalities and is widely reported in judicial opinions, media reports, land use studies, and crime impact reports made available to the city council.

4.    The city of South Gate wishes to impose reasonable time, place, and manner restrictions upon adult-oriented businesses and employees thereof in order to promote the health, safety, and general welfare of its residents and business community, as well as that of the general public, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of adult-oriented businesses within the city.

5.    The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this section to restrict or deny access to adult-oriented material protected by the First Amendment, or to deny access by the distributors and exhibitors of adult-oriented entertainment to their intended market. Neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene material.

6.    The city of South Gate has a substantial government interest in regulating the time, place, and manner of adult-oriented businesses in the city and has a substantial government interest in preventing each of the aforementioned adverse secondary effects.

7.    The city council also relies upon and incorporates by reference the findings discussed in repeated judicial decisions regarding municipalities’ reasonable reliance on the body of secondary effects evidence referenced herein to support the reasonable time, place, and manner regulations of adult-oriented businesses, including, but not limited to, the following cases: City of Los Angeles v. Alameda Books, Inc. (2002) 535 U.S. 425; Pap’s A.M. v. City of Erie (2000) 529 U.S. 277; City of Renton v. Playtime Theatres, Inc. (1986) 475 U.S. 41; Schad v. Borough of Mount Ephraim (1981) 452 U.S. 61; Young v. American Mini Theatres (1976) 427 U.S. 50; Barnes v. Glen Theatre, Inc. (1991) 501 U.S. 560; FW/PBS v. City of Dallas (1990) 493 U.S. 215; Gammoh v. City of La Habra (9th Cir. 2005) 395 F.3d 1114; Colacurcio v. City of Kent (9th Cir. 1998) 163 F.3d 545; Kev, Inc. v. Kitsap County (9th Cir. 1986) 793 F.2d 1053; People v. Janini (1999) 75 Cal. App. 4th 347.

B.    Notwithstanding Sections 2.10.060 through 2.10.370 of this chapter, the following provisions shall apply to adult-oriented businesses in the city of South Gate.

C.    Definitions. For the purpose of this section, the following definitions shall apply:

1.    "Adult-oriented business" means any one of the following:

a.    "Adult arcade" shall mean an establishment where, for any form of consideration, one or more still or motion picture projectors or similar machines, for viewing by one person per machine, are used to show films, computer-generated images, motion pictures, videocassettes, slides or other photographic reproductions that are distinguished or characterized by an emphasis upon the depiction, description, or display of specified sexual activities or specified anatomical areas.

b.    "Adult bookstore" shall mean an establishment that has at least thirty percent of its total public display area devoted to books, magazines, periodicals or other printed matter or of photographs, films, motion pictures, videocassettes, slides, tapes, records or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction, description, or display of specified sexual activities and/or specified anatomical areas.

c.    "Adult cabaret" shall mean a nightclub, restaurant, or similar business establishment:

1)    Which regularly features persons who appear nude or semi-nude; and/or

2)    Which regularly features live performances which are distinguished or characterized by an emphasis upon the depiction, description, or display of specified anatomical areas or specified sexual activities; and/or

3)    Shows films, computer-generated images, motion pictures, videocassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction, description, or display of specified anatomical areas or specified sexual activities.

d.    "Adult merchandise store" shall mean an establishment which is used for the sale of sexually oriented implements and paraphernalia such as the reproduction of human sex organs, dildos, vibrators, sex organ simulators, apparatus alleged to assist in or improve human sexual performance, or other devices or products distinguished or characterized by their exclusive orientation toward specified anatomical areas, excluding contraceptives and items with generally accepted medical, scientific or academic benefits.

e.    "Adult modeling studio" shall mean a business which regularly features, for any form of consideration, figure models who, for the purposes of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons providing such consideration. The term "modeling studio" does not include schools maintained pursuant to standards set by the state board of education. The term "modeling studio" further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available specified sexual activities.

f.    "Adult motion picture theater" shall mean a business establishment that, for any form of consideration, regularly features films, computer-generated images, motion pictures, videocassettes, slides or similar photographic reproductions that are distinguished or characterized by an emphasis upon the depiction, description, or display of specified sexual activities or specified anatomical areas.

g.    "Adult theater" shall mean a theater, concert hall, auditorium, or similar establishment which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on the depiction, description, or display of specified anatomical areas or specified sexual activities.

h.    Any other business or establishment that regularly features material, merchandise, services or entertainment to its patrons that is distinguished or characterized by an emphasis upon the depiction, description, or display of, or that is otherwise related to, specified sexual activities or specified anatomical areas.

2.    "Adult-oriented business premises" shall mean the structure in which any adult-oriented business is conducted and the building site (as defined in Title 11 of this code) on which the adult-oriented business is conducted.

3.    "Adult-oriented entertainer" shall mean any person who, with or without compensation or any other form of consideration, performs live entertainment for patrons of an adult-oriented business.

4.    "Applicant" shall mean a person who is required to file an application for a permit under this article, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an adult-oriented business.

5.    "Business permit" shall mean an adult-oriented business regulatory permit as required by the provisions of this section.

6.    "Distinguished or characterized by an emphasis upon" shall mean and refer to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas.

7.    "Employee" shall mean a person who performs any service on the premises of an adult-oriented business and who has significant contact with customers of the adult-oriented business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not such person is paid a salary, wage or other compensation by the operator of such business. The term "employee" shall include, but is not limited to, entertainers, performers, waitpersons, bartenders, salespersons, cashiers, supervisors, managers, ticket sellers and ticket takers. However, a security guard required by subsection (R)(7) of this section shall not constitute an "employee with significant contact with customers" that is required to secure an employee permit as otherwise required pursuant to the provisions of this section; however, he or she shall constitute an “employee” for any other provision of this section.

8.    "Employee permit" shall mean an adult-oriented business employee regulatory permit required by the provisions of this section.

9.    "Hearing officer" shall mean any entity as appointed by the city manager to preside over, hear, and rule upon appeals related to the denial, suspension, revocation, or imposition of conditions of any permit regulated pursuant to this section. The city manager may appoint a retired judge; a representative of the California Office of Administrative Hearings; a private company/entity that provides alternative dispute resolution services with retired judges, arbitrators, and/or other qualified members of the State Bar of California; and/or as otherwise agreed upon by all parties to the hearing.

10.    "Individual viewing area" shall mean any area designed for occupancy by only one person at any time for the purpose of viewing live performances, pictures, movies, videos, or other presentations.

11.    "Nude," "nudity" and "a state of nudity" shall mean the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the nipple; or the showing of the covered male genitals in a discernibly turgid state.

12.    "On-sale alcohol" shall mean, for purposes of this section, any commercial establishment licensed by the State Department of Alcoholic Beverage Control (ABC) to serve any alcoholic beverages on the premises.

13.    "Operator" shall mean and include the owner, permit holder, custodian, manager, operator or person in charge of any permitted adult-oriented business.

14.    "Permittee" shall mean a person required by this article to have an adult-oriented business regulatory permit or an adult-oriented business employee permit.

15.    "Person" shall mean any individual, partnership, copartnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.

16.    "Regularly features" shall mean a regular and substantial course of conduct. A regular and substantial course of conduct exists if any one of the following conditions exists:

a.    At least thirty percent of the stock in trade is devoted to adult entertainment material, adult entertainment merchandise, or both; provided, however, that this criterion shall not apply to mail order businesses or wholesale businesses with no patrons on the premises.

b.    At least thirty percent of the total public display area is devoted to adult entertainment material, adult entertainment merchandise, or both; provided, however, that this criterion shall not apply to mail order businesses or wholesale businesses with no patrons on the premises.

c.    The business presents any type of entertainment or performance, live or otherwise, that is characterized by an emphasis upon specified sexual activities or that features any nude or semi-nude person on two or more separate days within a thirty-day period; three or more separate days within a sixty-day period; or seven or more separate days within a one-hundred-eighty-day period.

17.    "Semi-nude" shall mean a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, or areola of the female breast.

18.    "Sensitive uses" shall refer to property zoned or used for residential, church, school/educational institution, parks, playground, and/or day care uses, or any noncommercial establishment operated by bona fide religious organizations.

19.    "Specified anatomical areas" means and includes any of the following:

a.    Less than completely and opaquely covered human:

1)    Genitals or pubic region;

2)    Buttocks or anus; and

3)    Female breast below a point immediately above the top of the areola; and

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

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

20.    "Specified criminal act" means and includes the following:

a.    Any of the offenses set forth in Penal Code Sections 314, 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(d) or any related criminal sexual activities.

b.    The equivalent of the offenses in subsection (a) of this definition in other jurisdictions outside the state.

21.    "Specified sexual activities" means and includes any of the following, whether performed directly or indirectly through clothing or other covering, by oneself or others:

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

b.    Sex acts, actual or simulated, including but not limited to intercourse, oral copulation, sodomy, anal intercourse, oral-anal copulation, bestiality, coprophilia, fellatio, necrophilia, pedophilia, direct physical stimulation of unclothed genitals, masochism or sexually oriented torture, or the use of excretory functions in the context of a sexual relationship.

c.    Human or animal masturbation, actual or simulated.

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

22.    "Transfer of ownership or control of an adult-oriented business" means and includes any of the following:

a.    The sale, lease, or sublease of the business;

b.    The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

c.    The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for the transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

D.    Permits Required. It is unlawful for any person:

1.    To operate an adult-oriented business without having first been issued and without possessing a current and valid adult-oriented business regulatory permit issued by the city pursuant to the provisions of this section; and/or

2.    Who operates an adult-oriented business to employ or to allow any person to perform or provide services on the premises of the adult-oriented business who has not first been issued and who does not possess a current and valid adult-oriented business employee permit issued by the city pursuant to the provisions of this section; and/or

3.    To perform or provide services as an employee (as this term is defined in subsection (C) of this section) of an adult-oriented business without having first been issued and without possessing a current and valid adult-oriented business employee permit issued by the city pursuant to the provisions of this section.

E.    Adult-Oriented Business Regulatory Permit Application. Every person who proposes to maintain, operate or conduct an adult-oriented business in the city shall file an application with the business license division upon a form provided by the city.

1.    All applications for an adult-oriented business regulatory permit shall include the following information:

a.    The name of the proposed adult-oriented business to be conducted. If the applicant intends to operate the adult-oriented business under a name other than that of the applicant, the applicant shall file the fictitious name of the adult-oriented business and show proof of registration of the fictitious name with the business license division as part of the application process.

b.    A description of the type of adult-oriented business for which the permit is requested and the proposed address where the adult-oriented business will operate, plus the name(s), address(es), and telephone number(s) of the owner(s) and lessor(s) of the site on which the adult-oriented business is to be operated.

c.    The type of ownership of the proposed adult-oriented business (i.e., whether by individual, partnership, corporation, or otherwise).

1)    If the applicant is an individual, the individual shall state his legal name, including any aliases, residential address, and government-issued driver’s license/identification number, and shall submit satisfactory written proof that he is at least eighteen years of age.

2)    If the applicant is a partnership, the partners shall state the partnership’s complete name and address and the names, residential addresses, and government-issued driver’s licenses/identification numbers of all partners, shall state whether the partnership is general or limited, and shall attach a copy of the partnership agreement and provide a federal identification number.

3)    If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of the state, the names, residential addresses, government-issued driver’s licenses/identification numbers, and capacities of all officers and directors, the name of the registered corporate agent and the address of the registered office for service of process and federal identification number.

d.    The following personal information concerning the applicant:

1)    A complete set of fingerprints of the applicant in a manner and form approved by the South Gate police department. Any fees for the fingerprints shall be paid by the applicant;

2)    Two front-faced, passport-sized photographs of the applicant taken not more than three months preceding the date of the application;

3)    The applicant’s complete business, occupation, and employment history as to the operation of any adult-oriented business within five years preceding the filing of the application. Such information shall include, but shall not be limited to, the following:

a)    The complete name and address of said adult-oriented business; and

b)    The complete adult-oriented business permit history of the applicant, including whether the applicant has ever applied for any permit or license issued by any agency, board, city, county, territory, or state; the date of issuance of such a permit or license; whether the permit or license was denied, suspended or revoked, and the reason therefor;

c)    A list of any charges or proceedings (pending or otherwise) and of any conviction of the applicant in the five years immediately preceding the date of the filing of the application for a specified criminal act. The list shall include all such convictions even if dismissed or expunged pursuant to California Penal Code Section 1203.4 (or an equivalent statute if the conviction occurred outside of the state of California);

e.    The address to which notice of action on the application is to be mailed, as well as telephone numbers for the applicant and the proposed place of business.

f.    A floor plan showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult-oriented business. The floor plan must be drawn to a designated scale and marked with adequate dimensions of the interior of the premises to an accuracy of plus or minus six inches.

g.    A straight-line drawing (radius map) prepared within thirty days prior to application depicting the building and the portion thereof to be occupied by the adult-oriented business, and the following:

1)    The property line of any other adult-oriented business within one thousand feet of another adult-oriented business property line for which a permit is requested; and

2)    The property lines of any sensitive use within one thousand five hundred feet of the property line of the adult-oriented business or the property line of a shopping center.

h.    A site plan showing all off-street parking areas, landscaping, lighting, open space areas, and all entrances to the premises of the adult-oriented business, as well as any other information required by the city.

i.    Authorization for the city, its employees and agents to seek information and conduct an investigation, including, but not limited to, a records check of prior convictions to verify the information contained within the application.

j.    The signature of the applicant under penalty of perjury as to the contents of the application and supporting documents. If the applicant is an individual, he shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a ten percent or greater interest in the business, he shall sign the application.

2.    The application shall be accompanied by an application filing fee, as established by resolution adopted by the city council, which shall not be refundable. Every application and renewal application shall be accompanied by an application fee.

3.    The fact that an applicant possesses other types of state or city permits or licenses does not exempt the applicant from the requirement of obtaining an adult-oriented business regulatory permit.

F.    Action on Adult-Oriented Business Regulatory Permit Application; Temporary Permit; Expiration and Renewal; Appeal of Denial.

1.    Determination of Application Completeness. The business license division (in conjunction with the planning division) shall determine whether the applicant for an adult-oriented business regulatory permit has submitted a complete application by the end of the fourth city business day after its submission. An application is complete if it has been fully and properly completed in accordance with the terms of this section and all required fees have been tendered to the city. If the business license or planning divisions determine that the applicant has not submitted a complete application and/or has not tendered all requisite fees to the city, the business license manager (or designee) shall promptly notify the applicant of such fact and allow the applicant not more than ten city business days to complete the application properly. If the application is not completed within ten city business days, the application shall be deemed to have been administratively withdrawn by the applicant. The applicant may request to withdraw the application in order to provide additional time to complete the required information. However, if the application is withdrawn by the applicant or deemed administratively withdrawn, the review period ends, and any future application will be reviewed as a new submittal and will require payment of a new application fee.

2.    Issuance of temporary adult-oriented business regulatory permit. Within fifteen days from the date the city deemed an application for an adult-oriented business regulatory permit to be complete, the business license division shall issue a temporary adult-oriented business regulatory permit, unless it has been notified by the planning division or chief of police that a reason for denial listed in subsection (F)(4) of this section exists or that the proposed adult-oriented business does not meet the requirements of Section 11.21.030. This temporary permit shall expire after 90 days from the date an application has been deemed complete, unless the application for an adult-oriented business permit has been granted or denied prior thereto. This subsection does not authorize an adult-oriented business to operate without having first obtained a valid business license and a valid certificate of occupancy for any structure in which the adult-oriented business is to be conducted or without having passed any requisite inspections by the fire, health, or building and safety departments/division, or in contravention of any local, state, or federal laws or regulations concerning fire, health or safety. Upon approving or denying the temporary permit, the business license division shall notify the applicant as follows:

a.    The business license division shall write or stamp "temporary permit granted" or "temporary permit denied" on the application and shall date and sign such notation;

b.    Notice of the temporary permit approval or denial shall be given to the applicant in writing by first class mail, postage prepaid, deposited in the course of transmission with the United States Postal Service within two city business days of the date of the decision. The notice shall clearly and plainly indicate the date upon which the temporary adult-oriented business regulatory permit was granted or denied;

c.    If the temporary permit is denied, the business license division shall attach a statement of reasons for the denial to the notice; and

d.    If a temporary permit is denied, the application for the adult-oriented business regulatory permit shall be deemed denied, and the applicant shall be so notified, and the applicant shall also be notified of the appeal rights as provided by the provisions of this section.

3.    Granting of Permit. Within ninety days of the date an application has been deemed complete, the business license division shall grant the application for an adult-oriented business regulatory permit, unless it is notified by the chief of police, fire department, or the planning and/or building and safety divisions that a reason for denial listed in subsection (F)(4) of this section exists.

4.    Grounds for Denial of Adult-Oriented Business Permit Application. The application for an adult-oriented business regulatory permit shall be denied for any of the following reasons:

a.    The building, structure, equipment, or location used by the business for which an adult-oriented business regulatory permit is required does not comply with the requirements and standards of the health, zoning, building, fire, and safety laws of the city, county, or state or the property, building, structure, equipment, or location used by the business does not comply with the location or development standards of Section 11.21.030.

b.    The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult business regulatory permit.

c.    An applicant is under eighteen years of age.

d.    The applicant has been convicted of a specified criminal act for which:

1)    Less than two years have elapsed since the date of conviction, if the conviction is of a misdemeanor offense.

2)    Less than five years have elapsed since the date of conviction, if the conviction is of a felony offense.

The fact that a conviction is being appealed shall have no effect on disqualification of the applicant.

e.    The applicant has violated any provision of this section within the previous twenty-four months.

f.    The granting of the application would violate a statute, ordinance or court order.

5.    Validity. No person shall operate an adult-oriented business under the authority of an adult-oriented business regulatory permit at any place other than the address of the adult-oriented business(es) stated in the application for the permit.

6.    Expiration and Renewal of Adult-Oriented Business Permit. Each adult-oriented business regulatory permit shall expire one year from the date when the city deemed the underlying application complete and may be renewed only by filing with the business license division a written application for renewal on a city-approved form, accompanied by the annual permit fee, a copy of the permit to be renewed, and a list of all employees and entertainers. The application for renewal shall be made at least thirty days before the expiration date of the permit. Applications for renewal shall be acted on as provided in this division for investigation and action upon applications for regulatory permits.

7.    Appeal of Denial of Adult-Oriented Business Permit Application. Any applicant denied a permit pursuant to this section may seek review of the denial by way of the administrative review process set forth in subsection (L) of this section.

G.    Suspension, Revocation, or Modification of Adult-Oriented Business Permit.

1.    The city may suspend, revoke, or modify an adult-oriented business regulatory permit if it determines that a permittee has violated or is not in compliance with any provision of this title.

2.    The city shall suspend an adult-oriented business regulatory permit for a period not to exceed thirty days per violation if it determines that:

a.    The permittee or any agent or employee of the permittee has refused to allow an inspection of the adult-oriented business premises as authorized by this article.

b.    The permittee has violated any provision of subsection (Q) of this section, Adult-Oriented Business Facility Requirements.

3.    The city shall revoke an adult-oriented business permit if it determines that:

a.    An operator gave false or misleading information in the material submitted during the application process;

b.    There exists any ground for denial of the permit pursuant to subsection (F)(4) of this section;

c.    An operator has allowed, permitted, or suffered any violation of the provisions of this section and the permit has been previously suspended within the preceding twenty-four months;

d.    An operator has allowed, permitted, or suffered the possession, use, or sale of controlled substances on the premises;

e.    An operator has allowed, permitted, or suffered prostitution on the premises;

f.    An operator knowingly operated the adult-oriented business during a period of time when the operator’s license was suspended;

g.    An operator has allowed, permitted, or suffered any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sex act to occur in or on the licensed premises;

h.    The adult-oriented business is delinquent in payment to the city, county, or state for any taxes or fees past due;

i.    The operator has committed or caused, allowed, or suffered the commission of multiple infractions of this section at the business establishment;

j.    An operator has knowingly allowed an employee, while on the premises, to commit a specified criminal act; or

k.    The operator has attempted to transfer the adult-oriented business regulatory permit.

4.    When the city revokes a permit, the revocation shall continue for two years, and the permittee or operator shall not be issued an adult-oriented business regulatory permit for two years from the date the revocation became effective. If, subsequent to revocation, the city finds that the basis for the revocation has been corrected or abated, the operator may be granted a permit if at least ninety days have elapsed since the date the revocation became effective.

5.    The city shall follow the procedures set forth in subsection (M) of this section before suspending, revoking, or modifying a permit issued pursuant to this section.

H.    Adult-Oriented Business Employee Regulatory Permit Application. Every employee of an adult-oriented business shall file an application with the business license division upon a form provided by the city.

1.    All applications shall include the following information:

a.    The name, address, and telephone number of the adult-oriented business at which the applicant shall be performing or providing service.

b.    A description of the type of service that the applicant shall be performing or providing at the adult-oriented business.

c.    The applicant’s legal name and any other names, including stage names and aliases, used or intended to be used by the applicant.

d.    The applicant’s age, and date and place of birth, and government-issued driver’s license/identification number.

e.    Satisfactory written proof that the applicant is at least eighteen years of age.

f.    The applicant’s height, weight, hair and eye color.

g.    The applicant’s present residence address and telephone number.

h.    A complete set of fingerprints of the applicant in a manner and form approved by the South Gate police department. Any fees for the fingerprints shall be paid by the applicant.

i.    Two front-faced, passport-sized photographs of the applicant taken not more than three months preceding the date of the application.

j.    The applicant’s complete business, occupation, and employment history as to the operation of any adult-oriented business within five years preceding the filing of the application. Such information shall include, but shall not be limited to, the following:

a)    The complete name and address of said adult-oriented business; and

b)    The applicant’s complete history of adult-oriented business permits, including whether the applicant has ever applied for any permit or license issued by any agency, board, city, county, territory, or state; the date of issuance of such a permit or license; whether the permit or license was denied, suspended or revoked, and the reason therefor;

c)    A list of any charges or proceedings (pending or otherwise) and of any conviction of the applicant in the five years immediately preceding the date of the filing of the application for a specified criminal act. The list shall include all such convictions even if dismissed or expunged pursuant to California Penal Code Section 1203.4 (or an equivalent statute if the conviction occurred outside of the state of California);

k.    Whether such person is or has ever been licensed or registered as a prostitute or otherwise authorized by the laws of any jurisdiction to engage in prostitution in such other jurisdiction. If any person mentioned in this subsection has ever been licensed or registered as a prostitute or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the place of such registration, licensing or legal authorization and the inclusive dates during which such person was so licensed, registered, or authorized to engage in prostitution.

l.    Authorization for the city, its employees and agents to seek information and conduct an investigation, including, but not limited to, a records check of prior convictions to verify the information contained within the application.

m.    The signature of the applicant under penalty of perjury as to the contents of the application and supporting documents.

2.    The completed application shall be accompanied by a nonrefundable application fee. The amount of the fee shall be set by resolution of the city council.

I.    Investigation of Employee Permit Application.

1.    Determination of Application Completeness. The business license division (in conjunction with the police department) shall determine whether the applicant for an adult-oriented business employee permit has submitted a complete application by the end of the fourth city business day after its submission. An application is complete if it has been fully and properly completed in accordance with the terms of this section and all required fees have been tendered to the city. If the business license division or police department determines that the applicant has not submitted a complete application and/or has not tendered all requisite fees to the city, the business license manager shall promptly notify the applicant of such fact and allow the applicant not more than ten city business days to complete the application properly. If the application is not completed within ten city business days, the application shall be deemed to have been administratively withdrawn by the applicant. The applicant may request to withdraw the application in order to provide additional time to complete the required information. However, if the application is withdrawn by the applicant or deemed administratively withdrawn, the review period ends, and any future application will be reviewed as a new submittal and will require payment of a new application fee.

2.    Upon receipt of a complete application and payment of the application fee, the business license division shall submit the information to the chief of police and shall immediately stamp the application as received.

3.    The chief of police shall conduct an investigation as to whether cause for denial of an adult-oriented business employee permit exists as set forth in subsection (J)(3) of this section. Among other things, the chief of police shall be required to check local and state summary criminal history information, including NCIC, and to certify whether disqualifying criminal history has been discovered. Accordingly, pursuant to Penal Code Sections 11105 and 13300, the city council specifically authorizes the chief of police to obtain such information as it relates to disqualifying convictions for specified criminal acts.

J.    Action on Employee Permit Application; Temporary Permit; Denial; Expiration and Renewal.

1.    Issuance of Temporary Adult-Oriented Employee Permit and Temporary Identification Card. Within one city business day of determining that an application for an adult-oriented business employee permit is complete and that the application fee has been paid, the business license division shall issue the applicant a temporary adult-oriented business employee permit and temporary identification card. This temporary permit shall entitle the applicant to immediately begin working or performing on the premises of the permitted adult-oriented business listed on the application. This temporary permit shall expire ninety days after being issued, unless the application for an adult-oriented business employee permit has been granted or denied prior thereto.

2.    Granting of Adult-Oriented Employee Permit and Identification Card. Within ninety days of the date on which the city deemed an application complete, the business license division shall grant the application for an adult-oriented business employee permit and identification card, unless it has been notified by the chief of police that a reason for denial listed in subsection (J)(3) of this section exists.

3.    Grounds for Denial of Adult-Oriented Employee Permit. An application for an adult-oriented business employee permit shall be denied if one or more of the following applies to the applicant or the application:

a.    The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a permit or in any report or document required to be filed with the application.

b.    The applicant is under eighteen years of age.

c.    The required application fee has not been paid.

d.    The adult-oriented business employee permit is to be used for performing or providing services at a business that does not have a valid and current adult-oriented business permit as required by the provisions of this section.

e.    The adult-oriented business employee permit is to be used for performing or providing services in a business prohibited by state or local law.

f.    The applicant has been licensed or registered in any state as a prostitute in the five years prior to the filing of the application.

g.    The applicant has been convicted of a specified criminal act for which:

1)    Less than two years have elapsed since the date of conviction, if the conviction is of a misdemeanor offense.

2)    Less than five years have elapsed since the date of conviction, if the conviction is of a felony offense.

3)    Less than five years have elapsed since the date the applicant received the earlier of two or more convictions, if the convictions are of misdemeanor offenses.

The fact that a conviction is being appealed shall have no effect on disqualification of the applicant.

h.    The applicant has violated any provision of this section within the preceding twenty-four months.

4.    Validity. No employee shall perform or provide service at any adult-oriented business other than at the adult-oriented business(es) listed on the permittee’s application, nor shall any employee perform or provide service at any adult-oriented business that does not have an adult-oriented business regulatory permit issued in accordance with the provisions of this section.

5.    Expiration and Renewal. Each adult-oriented business employee permit shall expire one year from the date the city deemed the underlying application complete and may be renewed only by filing with the business license division a written application for renewal, accompanied by the application fee and a copy of the permit to be renewed. The application for renewal shall be made at least thirty days before the expiration date of the permit. When applications for renewal are made less than thirty days before the expiration date, the expiration of the permit shall not be stayed. Applications for renewal shall be acted on as provided in this subdivision for applications for permits.

6.    Appeal of Denial of Adult-Oriented Employee Permit Application. Any applicant denied a permit pursuant to this section may seek review of the denial by way of the administrative review process set forth in subsection (L) of this section.

K.    Suspension, Revocation, or Modification of Adult-Oriented Employee Permit.

1.    The city may suspend, revoke, or modify an adult-oriented business employee permit if it determines that an employee has violated or is not in compliance with any provision of this title.

a.    The city may also suspend, revoke, or modify any adult-oriented employee permit when the adult-oriented business regulatory permit that has been issued to the adult-oriented business at which the employee permit authorizes the performance or provision of service has been suspended, revoked, or modified.

2.    The city shall suspend an employee permit for a period not to exceed thirty days if it determines that the employee has refused to allow an inspection of the adult-oriented business premises as authorized by this article.

3.    The city shall revoke an adult-oriented entertainer permit if it determines that:

a.    An employee permittee gave false or misleading information in the material submitted during the application process.

b.    There exists any ground for denial of the permit pursuant to subsection (J)(3) of this section.

c.    The employee permittee has committed a specified criminal act during the time which he/she is permitted to perform or provide service as an adult-oriented business employee.

d.    The employee has unlawfully possessed, used, or sold illegal controlled substances at the adult-oriented business premises.

e.    The employee permittee caused, permitted, or suffered any violation of the provisions of this section and the permit has been previously suspended within the preceding twenty-four months.

f.    The employee has committed multiple violations of this section or other regulations pertaining to the operation of an adult-oriented business.

4.    When the city revokes an employee permit, the revocation shall continue for one year, and the employee permittee shall not be issued an employee permit for one year from the date the revocation became effective. If, subsequent to revocation, the city finds that the basis for the revocation has been corrected or abated, the applicant may be granted a permit if at least ninety days have elapsed since the date the revocation became effective.

5.    The city shall follow the procedures set forth in subsection (M) of this section before suspending or revoking an employee permit pursuant to this section.

L.    Procedure for Appeal of Denial of Application or Renewal Application.

1.    After denial of an application or renewal application for any permit required by this section, the applicant or permittee may seek review by way of an administrative hearing in accordance with this section.

2.    A written appeal petition and a nonrefundable appeal fee in an amount set by resolution of the city council must be filed with the city manager within ten calendar days after the decision of the business license division; provided, however, that if the ten days expires on a date that City Hall is not open for business, the appeal period shall be extended to the next city business day. Failure to file a timely petition, together with the nonrefundable appeal fee, shall be deemed a waiver of the applicant of his or her appeal rights, and the denial shall be deemed final and binding. The appeal petition must include, at a minimum, the following:

a.    The name of the applicant and the address of the applicable adult-oriented business.

b.    The date of denial of the business license division.

c.    A brief statement as to the grounds for appeal (or reason for contending the denial was incorrect) in sufficient detail to enable the hearing officer to understand the nature of the controversy.

d.    The signature of the appellant/applicant.

3.    The hearing officer shall set the matter for hearing within forty-five days of receipt of a timely filed petition and tender of applicable appeal fee, unless the applicant or permittee consents in writing to an extension. At least ten calendar days prior to such hearing, written notice thereof shall be mailed to the applicant or permittee by first class U.S. mail with a proof of service attached.

4.    All parties involved shall have the right to:

a.    Offer testimonial, documentary and tangible evidence bearing on the issues;

b.    Be represented by counsel; and

c.    Confront and cross-examine witnesses.

5.    Appeal hearings are informal, and formal rules of evidence do not apply. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or witness, provided the applicant or permittee consents in writing.

6.    The hearing officer shall make a final determination supported by written findings within ten city business days after the hearing pursuant to this section. No later than three city business days of receipt of the hearing officer’s decision by the city, notice of the decision and a copy thereof shall be mailed by first class mail, postage prepaid, to the appellant. Notices and/or copies of decisions related to the appeal of a denial of an adult-oriented business employee permit shall also be mailed by first class mail, postage prepaid, to the business at which the permit application sought to authorize the applicant to perform or provide service.

7.    The decision of the hearing officer shall be final, and the applicant or permittee may seek judicial review of the hearing officer’s decision in accordance with Code of Civil Procedure Sections 1094.5 through 1094.8 or as otherwise permitted by law. The applicant or permittee shall be so notified.

M.    Procedure for Suspension, Revocation, or Modification of Adult-Oriented Regulatory Permit(s).

1.    This section shall govern the suspension, revocation, or conditioning/modification of adult-oriented business regulatory permits and adult-oriented business employee permits issued pursuant to this section.

2.    The chief of police and/or the planning division shall determine whether cause exists for the suspension, revocation, or modification of a permit pursuant to this division. If cause for suspension, revocation, or modification exists, the chief of police or the planning division shall file written charges and submit them to the city manager.

3.    Upon the receipt of the written charges, the city manager shall appoint a hearing officer. The hearing officer shall set the matter for hearing within forty-five days of the filing of the written charges.

4.    The hearing officer shall give notice to the appellant/permittee to appear before the hearing officer at the time and place set for such hearing to show cause why the permit issued to the permittee should not be suspended, revoked, or modified. Such notice shall state the grounds for the complaint or reasons for the proposed suspension, revocation or modification, and shall be served upon the permittee via first class mail, postage prepaid, not less than ten calendar days prior to the date set for the hearing.

5.    The hearing officer shall hold a hearing at the time set therefor. Hearings shall be conducted in accordance with procedures established by the hearing officer. The permittee may appear personally or by counsel. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues. Appeal hearings are informal, and formal rules of evidence do not apply, and any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs.

6.    Any hearing under this section may be continued for a reasonable time for the convenience of a party, witness, or hearing officer; provided, however, that the hearing held pursuant to subsection (M)(7) of this section may be continued only with the consent of the permittee.

7.    If, after considering all of the evidence submitted at the appeal hearing, the hearing officer determines that there are sufficient grounds to suspend, revoke, or modify the permit, the hearing officer shall impose one of the following penalties: (i) a warning; (ii) suspension of the permit for a specified period, not to exceed thirty days per violation; (iii) revocation of the permit; or (iv) imposition of conditions to correct and deter any violations of this section. However, the hearing officer shall suspend and/or revoke any permit as required by subsections (G)(2), (G)(3), (K)(2), and (K)(3) of this section. The hearing officer may, in conjunction with the issuance of a warning or the suspension of a permit, order the permittee to take corrective action.

8.    The hearing officer shall, within ten city business days from the submission of the matter for decision, render a written decision supported by findings. Notice of the hearing officer’s decision shall be mailed by first class mail, postage prepaid, to the permittee. Notices and/or copies of decisions related to the appeal of a suspension, revocation, or modification of an adult-oriented business employee permit shall also be mailed by first class mail, postage prepaid to the business at which the permit authorized the appellant/permittee to perform or provide service. The hearing officer’s decision becomes effective three business days after notice of the decision has been mailed to the permittee. Any notice of decision suspending, revoking, or modifying a permit issued pursuant to this section shall contain the substance of the following statement: "You are hereby notified that the time within which judicial review of this decision may be sought is governed by California Code of Civil Procedure Section 1094.8."

9.    The permittee may seek judicial review of the hearing officer’s decision in accordance with Code of Civil Procedure Section 1094.5 et seq. or as otherwise permitted by law.

N.    Immediate Suspension of Adult-Oriented Regulatory Permit(s). A permit may be suspended without notice in accordance with the following:

1.    The chief of police, building official, fire department, business license division, director of public works or county health officer may suspend any permit without previous notice and pending a hearing when it appears to such officer, department or division that the immediate suspension of any permit is necessary for the public health or safety.

2.    At the time of the suspension of the permit, the permittee shall be served with a written statement containing the reasons for such suspension and giving notice of the time and place for hearing thereon before the hearing officer appointed by the city manager.

3.    The hearing of the charges upon which the suspension was based shall be held not later than forty-eight hours or two city business days after such suspension (whichever is later) unless an extension of time therefor is requested by the permittee, in which event the hearing will be held not later than fifteen days after suspension. The hearing shall be conducted pursuant to the same procedures outlined in subsections (M)(5) through (M)(9) of this section.

O.    Display of Adult-Oriented Permit and Identification Cards.

1.    Every adult-oriented business shall display at all times during business hours the permit issued pursuant to this division for such adult-oriented business in a conspicuous place so that the permit may be readily seen by all persons entering the adult-oriented business.

2.    An adult-oriented business employee shall have an adult-oriented identification card as issued by the city available for inspection at all times during which such person is on the premises of the adult-oriented business.

a.    All adult-oriented business employee identification cards issued by the city shall contain the name, address, photograph, and permit number of such employee, as well as the adult-oriented business(es) at which the employee is authorized to perform or provide service and the expiration date of the adult-oriented employee permit or temporary permit.

P.    Non-Transferability of Adult-Oriented Regulatory Permit(s).

1.    Adult-oriented business regulatory permits and adult-oriented business employee permits issued pursuant to this section shall not be transferable.

2.    Any attempt to transfer ownership or control of an adult-oriented business shall result in the automatic voiding of the adult-oriented business regulatory permit issued to said business, effective the date of such attempted transfer.

3.    Nothing in this subsection shall prevent the city from approving a subsequent adult-oriented business regulatory permit for a single location; provided, that the holder of the adult-oriented business regulatory permit previously approved for such location consents in writing to the automatic expiration of such previously approved permit upon the effective date of such subsequent permit.

Q.    Adult-Oriented Business Facility Requirements. The following applicable facility requirements of this section shall be deemed conditions of adult-oriented business regulatory permit approvals, and failure to comply with every such requirement shall be grounds for suspension and/or revocation of the permit.

1.    Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the fire department and building regulations and standards adopted by the city of South Gate.

2.    Parking Lot Lighting. All off-street parking area and premises entries of the adult-oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot-candle of light on the parking surface and/or walkways. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the adult-oriented business for the personal safety of patrons and employees and to reduce the incidents of vandalism and criminal conduct. The photometrics study of on-site lighting shall be submitted to the city to confirm adequate code-required illumination.

3.    Noise. The premises within which the adult-oriented business is located shall provide sufficient sound-absorbing insulation so that noise generated inside said premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building.

4.    All indoor areas of the adult-oriented business within which patrons are permitted, except rest rooms, shall be open to view by the management at all times.

5.    On-Site Signs. The operator shall post “No Loitering” and “No Consumption of Alcohol on Exterior Portions of the Premises” signs in the parking lot area and on the exterior wall of the proposed building, as approved by the director of community development.

6.    Rest Room Facilities. The adult-oriented business shall provide and maintain separate rest room facilities for male patrons and employees and female patrons and employees. Male patrons and employees shall be prohibited from using the rest room(s) for females, and female patrons and employees shall be prohibited from using the rest room(s) for males, except to carry out the duties of repair, maintenance and cleaning of the rest room facilities. The rest rooms shall be free from any adult-oriented material. Rest rooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment.

7.    Minimum Floor Area. The minimum floor area for an adult book store, adult merchandise store, modeling studio shall have a minimum gross floor area of one thousand square feet. All other adult-oriented businesses such as adult motion picture theaters, live entertainment, cabaret, arcades shall have a minimum floor area of three thousand square feet.

8.    Maximum Height. The maximum height of an adult-oriented business structure shall not exceed two stories or thirty-five feet.

9.    Additional Regulations for Adult Arcades. In addition to all other regulations, any adult arcade shall also comply with the following provisions:

a.    Interior Configuration. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose, excluding rest rooms. Rest rooms may not contain video or television equipment. If the premises has two or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager’s stations. The view required in this subsection must be direct line of sight from the manager’s station.

b.    The view area shall remain unobstructed by any doors, walls, merchandise, display racks, or other materials at all times.

c.    No patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted.

d.    The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times, with no holes between any two booths such as would allow viewing from one booth into another or such as to allow physical contact of any kind between the occupants of any two such booths.

e.    The maximum size of a viewing booth shall not exceed nine square feet in area. The walls or partition between the viewing booths must be suspended sixteen inches above the ground, not to exceed four feet in height from the ground up.

10.    Additional Regulations for Adult Cabaret and Adult Theaters. In addition to all other regulations, adult cabarets and adult theaters shall also comply with the following provisions:

a.    The adult-oriented business shall provide a stage at least eighteen inches above the level of the floor which is separated by a distance of at least ten feet from the nearest area occupied by patrons upon which all adult-oriented entertainment shall be performed.

b.    The adult-oriented business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers’ use. Guest and/or customers shall be prohibited from entering the dressing room facilities at all times.

c.    The adult-oriented business shall provide an entrance/exit for entertainers which is separate from the entrance/exit used by patrons.

d.    The adult-oriented business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically possible, the adult-oriented business shall provide a minimum three-foot-wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers.

e.    Solid, fixed barriers at least thirty inches in height shall be maintained establishing the separations between entertainers and patrons required by this subsection.

f.    Signs advising patrons of the separation requirements and of the touching and tipping prohibitions as outlined in this section shall be displayed and placed on the required barriers between patrons and performers. The required signs shall utilize red or black lettering of not less than one inch in size.

11.    All development standards for the C-3, C-M, M-2, M-3 or M-H zones, depending on the location of the proposed site zoning district, as well as all other code requirements, shall apply to all adult-oriented businesses.

R.    Adult-Oriented Business Operating Requirements. The following applicable operating requirements of this section shall be deemed conditions of adult-oriented business regulatory permit approvals, and failure to comply with every such requirement shall be grounds for suspension and/or revocation of the permit.

1.    All adult-oriented business establishments shall, at all times the establishment is open, have a responsible person acting as manager on the premises who has been issued and is maintaining a valid and current adult-oriented business employee permit (pursuant to subsection (D)(3) of this section). The manager must be familiar with the requirements of this section (and each of its subsections) and be capable of communicating the provisions of this section to employees and patrons of the establishment. All permitted managers must be capable of effectively communicating with any city official, employees, and patrons of the establishment.

2.    No adult-oriented business shall be operated in any manner that permits the observation of any activities depicting, describing or displaying “specified sexual activities” or “specified anatomical areas” from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open.

3.    The on-site sale of alcohol is prohibited at all times during the operation of an adult-oriented business without approval of a conditional use permit.

4.    Hours of Operation. Adult bookstores and adult merchandise stores shall operate between 10:00 a.m. to 10:00 p.m., Monday through Sunday, and all other adult-oriented businesses shall operate between the hours of 10:00 a.m. and 12:00 a.m., Monday through Sunday.

5.    No person under the age of eighteen shall be permitted within an adult-oriented business. The building entrance to an adult-oriented business shall be clearly and legibly posted with a notice indicating that persons under eighteen years of age are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the community development director or designee.

6.    Advertisements, displays or other promotional materials depicting, describing, or displaying “specified anatomical areas” or “specified sexual activities” or displaying instruments, devices or paraphernalia which are designed for use in connection with “specified sexual activities” shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks, or walkways, or from other areas, public or nonpublic. All proposed signage shall comply with all development standards from the sign ordinance, Chapter 11.31.*

*    Code reviser’s note: Former Chapter 11.31, Signs, is no longer codified. For current provisions pertaining to signs, please contact the city. For your convenience, click here to view a PDF version of former Chapter 11.31.

7.    Adult-oriented businesses shall employ security guards in order to maintain the public peace and safety, based upon the following standards:

a.    Adult-oriented businesses featuring entertainment (live or otherwise) shall provide at least two state-licensed security guards from a state- or city-licensed patrol company at all times while the business is open for occupancy loads up to fifty persons. The applicant shall provide one additional security guard for each increase of thirty-five persons of the approved occupancy load.

b.    Adult-oriented businesses that do not feature entertainment shall provide at least one state-licensed security guard from a state- or city-licensed patrol company at all times while the business is open for occupancy loads up to fifty persons. The applicant shall provide one additional security guard for each increase of fifty persons of the approved occupancy load.

c.    Security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons of the requirements of these regulations. Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public. No security guard required pursuant to this subsection shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager’s station while acting as a security guard.

8.    Additional Regulations for Adult Arcades. Any adult-oriented business which is also an “adult arcade,” shall also comply with the following provisions:

a.    No individual viewing area may be occupied by more than one person at a time.

b.    Customers, patrons or visitors shall not be allowed to stand idly by in the vicinity of any such video booths, or from remaining in the common area of such business, other than the rest rooms, who are not actively engaged in shopping for or reviewing the products available on display for purchaser viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths.

c.    The floors, seats, walls and other interior portions of all video booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any such booths shall be evidence of criminal activity, improper maintenance and inadequate sanitary controls.

9.    Additional Requirements for Adult Cabaret or Adult Theaters. The following additional requirements shall pertain to adult cabaret establishments or adult theaters:

a.    No person shall perform live entertainment for patrons of an adult-oriented business except upon a stage at least eighteen inches above the level of the floor which is separated by a distance of at least ten feet from the nearest area occupied by patrons, and no patron shall be permitted within ten feet of the stage while the stage is occupied by an entertainer.

b.    No patron shall directly pay or give any gratuity or tips to any adult-oriented entertainer (including, but not limited to, throwing money to entertainers, placing money in the entertainer’s clothing, or placing money on the stage) and no entertainer shall solicit any pay or gratuity from any patron.

c.    No entertainer, either before, during or after any performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by such entertainer. This subsection shall only apply to physical contact on the premises of the adult-oriented business.

d.    No individual viewing area showing or displaying live entertainment may be occupied by more than one adult-oriented entertainer and one patron at a time.

S.    Inspection. An adult-oriented business applicant or permittee shall permit representatives of the police department, the fire department, the city’s planning, building and safety, and code enforcement divisions, or other local or state agencies to inspect the premises of an adult-oriented business for the purpose of ensuring compliance with the law and the facility and operating requirements applicable to adult-oriented businesses at any time it is occupied or open for business. A person who operates an adult-oriented business or his agent or employee is in violation of this section if he refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.

T.    Register of Employees. Every permitted adult-oriented business must maintain a register of all employees working or performing services on the premises and their permit numbers. Such register shall be available for inspection during regular business hours by any police officer or city official.

U.    Employment of and Services Rendered to Persons Under Age of Eighteen Prohibited.

1.    It is unlawful for any permittee, operator, or other person in charge of any adult-oriented business to employ or provide any service for which it requires such permit to any person who is not at least eighteen years of age.

2.    It is unlawful for any permittee, operator or other person in charge of any adult-oriented business to permit to enter or remain within the adult-oriented business premises any person who is not at least eighteen years of age.

V.    Obligations of City. Where any provision of this section requires action by the city, and where the final date upon which the city is obligated to perform said action falls upon a day when City Hall is closed, the final date upon which the city may perform said action shall be deemed to be the next city business day.

W.    Nonconforming Adult-Oriented Business Uses. Any use of real property existing on the effective date of the ordinance codified in this section, which does not conform to the provisions of subsection (Q) of this section, Adult-Oriented Business Facility Requirements, but was constructed, operated, and maintained in compliance with all previous regulations, shall be regarded as a legal, nonconforming use.

1.    Any such legal, nonconforming use shall only be permitted to continue as a nonconforming use for three years from the effective date of the ordinance codified in this section, unless the nonconforming use is sooner terminated.

2.    Abandonment. If any such nonconforming adult-oriented business use is discontinued or abandoned for a period of four months or one hundred twenty days, it shall lose its nonconforming status, and any future use of said building shall be in conformity with the provisions of this section.

3.    Such nonconforming uses, while nonconforming, shall not be increased, enlarged, extended or altered, except that the use may be changed to a conforming use.

X.    Section Nonexclusive. This section regulating adult-oriented businesses is not intended to be exclusive, and compliance with this section shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the city council, including, but not limited to, provisions of the zoning code.

Y.    Conflicts. If the provisions, requirements, or regulations of this section conflict with or contravene any other provision, requirement, or regulation of the South Gate Municipal Code, the provisions, requirements, or regulations of this section shall prevail as to all matters and questions arising out of the subject matter of this section.

Z.    Public Nuisance. Any adult-oriented business operated, conducted, or maintained contrary to the provisions, requirements, and regulations of the South Gate Municipal Code shall be, and the same is declared to be, unlawful and a public nuisance, and the city may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal, and enjoinment thereof, in any manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such adult-oriented business and restrain and enjoin any person from operating, conducting, or maintaining an adult-oriented business contrary to the provisions, requirements, or regulations of the South Gate Municipal Code.

AA.    Recovery of Attorney’s Fees.

1.    A prevailing party in any judicial action, administrative proceeding, or special proceeding, to abate or to cause the abatement of a public nuisance as defined in subsection (Z) of this section, or in any appeal or other judicial action arising therefrom, may recover reasonable attorney’s fees in accordance with the following subsections:

a.    Attorney’s fees are not recoverable by any person as a prevailing party unless the city manager, or a designee thereof, or an attorney for, and on behalf of, the city, elects in writing to seek recovery of the city’s attorney’s fees at the initiation of that individual action or proceeding. Failure to make such an election precludes any entitlement to, or award of, attorney’s fees in favor of any person or the city.

b.    The city is the prevailing party when an administrative or judicial determination is made or affirmed by which a person is found to be responsible for one or more conditions or activities that constitute a public nuisance as defined by subsection (Z) of this section. A person is the prevailing party only when a final administrative or judicial determination completely absolves that person of responsibility for all conditions or activities that were alleged, in that action or proceeding, to constitute a public nuisance. An administrative or judicial determination that results in findings of responsibility and nonresponsibility on the part of a person for conditions or activities that were alleged in that action or proceeding to constitute a public nuisance, shall nevertheless result in the city being the prevailing party.

2.    Provided the city has made an election to seek attorneys’ fees, an award of attorneys’ fees to a person shall not exceed the amount of reasonable attorneys’ fees incurred by the city in that action or proceeding.

BB.    Severability. If any section, subsection, sentence, clause, or phrase of this section is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this section. The city council hereby declares that it would have passed the ordinance as codified in this section, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this section would be subsequently declared invalid or unconstitutional. (Ord. 2266 § 3, 10-27-09)

2.10.410 Ambulance operator and ambulance driver.

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

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

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

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

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

B.    Exemptions.

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

a.    A public agency; or

b.    A person who maintains one or more ambulances to provide first aid to its own employees.

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

C.    Application Information: Ambulance Operator. In addition to the information required by Section 2.10.140, the application for an ambulance operator shall contain the following information:

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

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

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

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

5.    The applicant’s experience in transporting sick, convalescent or injured persons;

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

D.    Conditions of Approval.

1.    In order to approve a business permit to operate an ambulance business, the city council must determine that the public convenience and necessity will be served by the issuance of an ambulance operator’s permit;

2.    In making that determination, the city council may take into consideration all facts it may deem pertinent and proper, including whether:

a.    The applicant has complied with all of the provisions of this chapter;

b.    The applicant is financially responsible and under competent management;

c.    The applicant is, under normal conditions, equipped to serve the public adequately;

d.    The applicant has presented evidence sufficient to justify that the public health, safety, welfare and convenience warrant operation of the ambulance service within the specified operating area.

E.    Vehicle Maintenance.

1.    Odometers. Every ambulance operator making any charges based on mileage shall have the odometer of each ambulance tested and certified by the police department in accordance with the procedures of that department once every year. The results of such testing shall be reported to the tax collector by the permittee at the time of application for permit renewal.

2.    Periodic Inspections. Every ambulance operator which transports patients from or within the city shall have all ambulances under its ownership and control inspected annually by a certified automotive repair dealer. Each ambulance operator shall provide the city with written confirmation, signed by that repair dealer, that the ambulances have been inspected and are in good working order. Such report of inspection shall be submitted at the time of application for permit renewal.

F.    Insurance Requirements.

1.    Insurance Required. Every permittee as an ambulance operator shall obtain and maintain in full force and effect general liability insurance and comprehensive automobile liability insurance in conformance with Section 2.10.240. The liability coverage shall be in the amount of one million dollars.

2.    Indemnification. Every person permitted pursuant to this section shall execute an indemnity agreement in the form specified by Section 2.10.240.

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

G.    Permits: Ambulance Driver; Ambulance Attendant.

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

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

b.    A photocopy of a valid California Special Driver’s Certificate (where applicable);

c.    A photocopy of either an Emergency Medical Technician I or IA or II Course Completion Certificate issued by the county of Los Angeles or by a school approved by the county of Los Angeles or a certificate for an Emergency Medical Technician-Paramedic issued by the director of health services, unless the applicant is a physician or registered nurse licensed by the state of California;

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

e.    The ambulance operator’s proposed service area.

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

3.    Operator Responsibility. Every ambulance operator shall be responsible for promulgating and enforcing rules which ensure its employees’ compliance with the provisions of this section.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.420 Auction house.

A.    Definition. For the purposes of this section, the term “auction house” means and includes a fixed place of business where any merchandise or personal property, or any real property or interest therein, is offered for sale or sold at public auction.

B.    Application Information. An application for a business permit for an auction house shall contain the information required by Section 2.10.140, as may be applicable.

C.    Operating Requirements.

1.    In addition to the bond requirement set forth below in subdivision 2, the permit for an auction house shall be subject to the conditions determined in accordance with the procedures specified in Section 2.10.960 of this chapter.

2.    Upon filing an application for permit with the tax collector, the applicant shall file and thereafter maintain a surety bond in the principal sum of five thousand dollars indemnifying any person against any loss through fraud or misrepresentation; provided, however, that any person licensed by the state, and having deposited a bond with the state, shall not be required to file a surety bond with the tax collector. In such case, the tax collector shall make a record of the expiration date of the bond deposited with the state, and shall note the expiration date thereof on the permit. If any such surety bond is terminated, or lapses, or for any reason becomes ineffective, the permit shall be automatically revoked unless a new surety bond which complies with the provisions of this section is filed prior to the date of such termination, lapse or ineffectiveness.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.430 Bath parlor.

A.    Definition. For the purposes of this section, the term “bath parlor” means and includes a business establishment, open to the public, where Russian, Swedish or Turkish baths, steam baths, shower baths, sponge baths, mineral baths, sun baths or salt glows are provided, or any business establishment where any of such services or facilities are provided to the public and which has, in connection therewith, a sauna, spa, jacuzzi, steamroom, dry or hot room plunge, showerbath or sleeping accommodations.

B.    Application Information. An application for a business permit for a bath parlor shall contain the information required by Section 2.10.140, as applicable.

C.    Operating Requirements. The permit for a bath parlor shall be subject to the conditions determined in accordance with the procedures specified in Section 2.10.960 of this chapter.

D.    Manager Required. All bath parlor permittees shall employ a person on the premises to act as manager at all times during which the bath parlor is open. Such manager shall be permitted pursuant to Section 2.10.050.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.440 Bench installation.

A.    Definition. For the purposes of this section, the term “bench” means and includes a seat for the use and accommodation of persons awaiting transportation, which seat is located upon any public thoroughfare or public right-of-way, including a sidewalk, parkway or any public property bordering upon a public right-of-way.

B.    Application Information. In addition to the information required by Section 2.10.140, an application for a permit for the installation of one or more benches shall include the following information:

1.    The number of benches previously permitted to be maintained by the applicant on the date of such application, and the permit numbers previously assigned;

2.    A description of each proposed bench, including its dimensions and construction materials, and the proposed location for each bench;

3.    A description of any advertising which is to be placed on each bench, and the proposed location of such advertising on each bench.

C.    Operating Requirements.

1.    No bench shall be placed or maintained by the permittee at any location other than that authorized in the permit.

2.    Permittee shall obtain an encroachment permit from the director of public works for each bench location before obtaining a business license and/or business permit. (Ord. 2039 § 2, 10-13-98)

3.    Each bench authorized by the permit shall be maintained by the permittee in a safe condition at the authorized location, shall be periodically inspected by the permittee, and shall have all graffiti removed upon discovery or notification thereof.

4.    No advertisement placed upon any bench shall contain the words “stop,” “look,” “drive-in,” “danger,” nor any other word, phrase or symbol which may distract, mislead or interfere with traffic.

5.    Every person permitted pursuant to this section shall execute an indemnity agreement in the form specified by Section 2.10.240.

6.    Every permittee shall obtain and maintain in full force and effect comprehensive liability insurance in conformance with Section 2.10.240 and in such amounts as may be specified pursuant to subdivision 6 of this subsection.

7.    In addition to the conditions set forth in this subsection, the permit for bench installation shall be subject to the conditions determined in accordance with the procedures specified in Section 2.10.960 of this chapter.

D.    Permit Index File. The tax collector shall maintain an index of all business permits issued or renewed pursuant to the provisions of this section.

(Ord. 2039 § 2, 10-13-98; Ord. 1948 § 1 (part), 5-25-93)

2.10.450 Billiard parlor or pool hall.

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

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

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

B.    General Requirements.

1.    Application Information. In addition to the information required by Section 2.10.140, an application for a permit to operate a billiard parlor shall state the exact location within the business establishment where the billiard parlor is to be located if such constitutes only a portion of a more extensive business establishment.

2.    Authorization of Location. The permit issued to conduct a billiard parlor shall authorize the operation of such billiard parlor only at the location described in the application and only by the applicant.

C.    Operating Requirements.

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

2.    Hours of Operation. No billiard parlor or pool hall shall be open between two a.m. and six a.m. of any day, nor shall an owner, manager or other person having charge of any billiard parlor or pool hall keep the same open, or allow or permit any game to be played therein, between two a.m. and six a.m. of any day. No person shall remain on the premises of any billiard parlor or pool hall during the hours when such billiard parlor or pool hall is closed or required by this section to be closed, except the owner and its regular employees.

3.    Age Restrictions. The owner, manager or other person in charge of any billiard parlor or pool hall shall not permit any person under the age of eighteen years to be, remain in, enter or visit such business establishment unless:

a.    Such minor is accompanied by one of his parents, a legal guardian or by a spouse eighteen years of age or older; or

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

4.    Disorderly Persons. No owner, manager or other person in charge of any billiard parlor or pool hall shall allow or permit any intoxicated, quarreling or disorderly person or persons to be or remain in such place.

5.    Manager Required. All billiard parlor or pool hall permittees shall employ a person on the premises to act as manager at all times during which the billiard parlor or pool hall is open. Such manager shall be permitted pursuant to Section 2.10.050.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.460 Bingo for charitable purposes.

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

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

2.    “Eligible organization” is defined as any of the following:

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

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

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

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

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

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

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

h.    A mobilehome park association whose membership is comprised of the mobilehome tenants of a single mobilehome park, and which organization was formed for the benefit of the resident tenants;

i.    A senior citizens organization which has been organized to benefit senior citizens and whose membership is comprised of persons over the age of fifty-four.

B.    General Requirements.

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

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

3.    General Procedure. The provisions of this section shall control the permitting of bingo games.

a.    Application Information. Any eligible organization may file with the tax collector, on a form provided by the city, an application for a business permit to operate a bingo game. Notwithstanding any other provision of this chapter, the application shall specify the following information:

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

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

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

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

v.    A description of the record system proposed to be used to account for the receipts, prizes, expenses and profits of each bingo game;

vi.    The location of and signatories on the special bank accounts required by this section;

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

viii.    Whether the maximum number of players at any time will be more than one hundred;

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

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

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

xii.    Any other information that the tax collector deems necessary.

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

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

i.    The name of the organization to which the permit is issued;

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

iii.    The occupancy capacity of the location at which bingo games are to be conducted;

iv.    The date of expiration of the permit;

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

d.    Notification of Changes in Application Information.

i.    The permittee shall notify the tax collector in writing of any change in any information set forth in the permittee’s application within five days after such change.

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

iii.    Any notification required by subdivisions (d)(i) and (d)(ii) shall be made in writing and served upon the tax collector by one of the following methods:

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

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

iv.    The permittee shall retain in its records proof of service of any notification submitted which is required by subdivision (d)(i) and (d)(ii) of this subsection.

C.    Operating Requirements.

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

2.    Hours of Operation. Each permit issued pursuant to this section shall allow the permittee to operate bingo games for only one day during each week. Bingo games shall not be conducted for more than six hours during any twenty-four-hour period of each day. No bingo game shall be conducted before ten a.m. nor after two a.m. of any day.

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

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

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

6.    Location Restrictions.

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

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

7.    Occupancy Limit. Notwithstanding that bingo games are open to the public, attendance at any bingo game shall be limited to the occupancy capacity of the premises at which such games are conducted, as determined by the fire department and the department of building and safety in accordance with applicable laws and regulations. The permittee shall not reserve seats or space for any person.

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

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

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

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

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

13.    Operation by Permittee.

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

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

c.    Security personnel who are not members of the authorized organization may be employed by the organization conducting the bingo game. (Ord. 2011 § 1 Exh. A (part), 8-27-96).

14.    Manager Required. All bingo game permittees shall employ a person on the premises to act as manager at all times during which the bingo game is operated. Such manager shall be permitted pursuant to Section 2.10.050.

D.    Accounting Procedures.

1.    Proceeds.

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

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

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

i.    Such proceeds may be used for prizes at authorized bingo games.

ii.    A portion of such proceeds, not to exceed twenty percent of the proceeds after the deduction of prizes, or two thousand dollars per month, whichever is less, may be used for rental of property, and for overhead, including the purchase of bingo equipment, administrative expenses, security equipment and security personnel.

iii.    The proceeds may be used to pay license fees. (Ord. 2011 § 1 Exh. A (part), 8-27-96).

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

e.    Prizes Awarded.

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

ii.    The permittee shall keep a record, on a form approved by the tax collector, showing the name, address and telephone number of the winner, and the consecutive serial number on the receipt for the prize.

2.    Inspection of Records.

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

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

E.    Bond Requirements.

1.    Terms of Bond. Except as provided in subdivision 4 of this subsection, every eligible applicant organization shall, as a condition of the issuance of a bingo permit, maintain with the tax collector a bond in the sum of five thousand dollars, running to the city for the use and benefit of interested persons and parties. Said bond shall be issued by a surety company authorized to do business in the state of California.

In lieu of such bond, the eligible applicant organization may assign to the city a certificate of deposit in the sum of five thousand dollars.

The surety fund required herein shall ensure strict compliance by the eligible applicant organization with the provisions of this chapter and any other applicable statutes, rules, regulations or ordinances, and shall ensure the repayment of any direct pecuniary loss sustained through any act of grand or petty theft or any other wrongful act on the part of any person operating any bingo game.

2.    Action Upon the Bond. Any person who sustains any loss covered by the bond described in this section may, in addition to any other available remedy, bring an action in his or her own name upon the bond for the recovery of any loss sustained. The bond shall continue in effect and may be sued upon from time to time until the whole of the penalty shall be exhausted. The tax collector may require the filing of a new bond, as provided for in this section. Upon failure to file a new bond within ten days, the tax collector may suspend the bingo permit.

3.    Action On the Assignment. If, in lieu of a bond, an applicant assigns to the city a certificate of deposit, the applicant shall agree in writing that if the tax collector finds that any person has sustained any pecuniary loss through any act of grand or petty theft or other wrongful act on the part of the eligible organization operating a bingo game, the city may draw upon such certificate of deposit and, from the proceeds, reimburse such person for loss sustained. The tax collector may require the assignment of additional funds as provided in this section. Upon failure to make such assignment within ten days, the tax collector may suspend the bingo permit.

4.    Exemptions from Bond Requirements. The bond requirements set forth above in subdivision 1 of this subsection shall not be applicable to mobilehome park associations or to senior citizens organizations whose membership is comprised predominantly of residents of this city.

(Ord. 2011 § 1 Exh. A (part), 8-27-96; Ord. 1948 § 1 (part), 5-25-93)

2.10.470 Bowling alley.

A.    Application Information. An application for a business permit for a bowling alley shall contain the information required by Section 2.10.140, as may be applicable.

B.    Operating Requirements. The permit for a bowling alley shall be subject to the conditions determined in accordance the procedures specified in Section 2.10.960 of this chapter.

C.    Manager Required. All bowling alley permittees shall employ a person on the premises to act as manager at all times during which the bowling alley is open. Such manager shall be permitted pursuant to Section 2.10.050.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.480 Boxing or wrestling arena.

A.    Application Information. An application for a business permit for a boxing or wrestling arena shall contain the information required by Section 2.10.140, as may be applicable.

B.    Operating Requirements. The permit for a boxing or wrestling arena shall be subject to the conditions determined in accordance the procedures specified in Section 2.10.960 of this chapter.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.490 Carnival and concession.

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

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

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

B.    General Requirements.

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

2.    Application Information.

a.    In addition to the information required by Section 2.10.140, the applications submitted to the tax collector for a business permit to conduct or manage a carnival or concession shall be accompanied by the following information and documents, as applicable:

i.    If a corporation, the applicant shall submit a copy of its articles of incorporation;

ii.    A description of the dates, location and hours of operation of the proposed carnival or concession;

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

iv.    A complete list of the concessions to be offered by the applicant at the carnival, including the various fees to be charged, the name of the person in charge of each concession and the operational rules for each such concession;

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

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

vii.    Copies of all policies and binders of liability insurance issued to the applicant, including, but not limited to, vehicles, general comprehensive liability, property damage, product liability and workers’ compensation insurance;

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

ix.    Proposed date, time and location for on-site inspection by authorized city or county departments prior to the commencement of the carnival or concession;

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

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

b.    The application for permit shall be submitted at least sixty days prior to the commencement of any carnival or concession.

3.    Sponsors. Every person sponsoring a carnival or concession for a charitable purpose shall comply with the provisions of this code regarding charitable solicitations.

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

5.    Additional Conditions. In addition to any other conditions which may be imposed pursuant to this chapter, the permit shall be subject to the condition that the applicant or permittee satisfactorily undergo an on-site inspection of the location of the permitted activity by authorized officers or departments of the city or county prior to commencement of the permitted activity. The tax collector may impose such other conditions as may be deemed necessary for reasons of health, sanitation, noise, clean-up and the general welfare of the public. Such conditions shall be set forth on the permit.

C.    Operating Requirements.

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

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

3.    Concessions—Operating Requirements.

a.    All players or participants in any game or other concession shall be given an equal opportunity to play or participate. Prior to allowing any person to play or participate in any game or other concession, the permitted concession operator shall collect the posted fee and return the proper change to the player or participant. The concession operator shall not collect for more than a single game from any player or participant at one time. The use or employment of “sticks,” “shills” or any person posing as a patron, who is not a bona fide is prohibited. The employment or utilization of minors under the age of sixteen years of age in the operation of any rides, games or other concessions is prohibited.

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

c.    Any packaged merchandise distributed as a prize shall be plainly marked and its contents described. Only items of merchandise that can actually be won by any player shall be displayed in conjunction with any game or other concession. Special games or other concessions wherein a player is charged a greater fee than other players are charged in order to win or compete for any special or larger prize are prohibited.

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

5.    Alcoholic Beverages Prohibited. No alcoholic beverages shall be sold, consumed, possessed or permitted within or upon the location at which the carnival is to be conducted.

6.    Security Guards. The permittee shall provide security guards in sufficient number so as to provide adequate security for the estimated maximum number of patrons.

7.    Sanitary Facilities. Sanitary facilities shall be provided in sufficient number so as to accommodate the estimated maximum number of patrons.

8.    Sleeping on Site Prohibited. No persons shall be permitted to sleep on the carnival site unless specifically authorized in the permit.

9.    Compliance with Laws and Regulations. The permittee shall comply with all state, county and city statutes, ordinances, rules and regulations which are applicable to the conduct and operation of a carnival.

10.    Operating Hours. Unless otherwise authorized by the permit, no carnival or concession shall be operated earlier than ten a.m. on any day, nor later than ten p.m. on Sunday through Thursday, nor later than twelve midnight on Friday and Saturday.

11.    Manager Required. All carnival permittees shall employ a person on the premises to act as manager at all times during which the carnival is open. Such manager shall be permitted pursuant to Section 2.10.050.

D.    Insurance Requirements. Every permittee for a carnival shall obtain and maintain in full force and effect public liability insurance in conformance with Section 2.10.240 of this chapter. The liability coverage shall be in the amount of not less than five million dollars.

E.    Conditions of Permit. The city council may issue a permit pursuant to this section upon the following findings:

1.    The location at which the carnival is proposed to be conducted has been approved by the planning department and will not be detrimental to the public health, safety and welfare.

2.    The carnival will not be located within five hundred feet of a residential neighborhood, or the applicant has obtained the written consent of more than fifty percent of the owners and tenants of any residences located within five hundred feet of the carnival site.

3.    The permittee will adequately provide for the maintenance and cleanliness of the carnival site prior to, during and upon closing of the carnival. In this regard, permittee shall be required to post with the tax collector a refundable cleanup deposit in such amount and at such time prior to the event as may be specified in the permit. If the permittee defaults in its cleanup obligations, the deposit shall be used to reimburse the city for its actual costs and expenses in cleaning the site. Any costs and expenses incurred by the city in excess of the deposit shall be paid by the permittee upon demand therefor.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.500 Close-out, bankruptcy or fire sale.

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

1.    “Advertise,” “advertisements” and “advertising” mean and include all methods, whether oral or written, used for conveying notice to the public of the conduct of a sale, as defined herein, or notice of intention to conduct any such sale, including without limitation verbal or written announcements by proclamation or outcry, newspaper or magazine advertisement, handbill, written or printed notice, printed display, billboard display, posters, radio or television announcement.

2.    “Sale” means any sale of, or any offer to sell, to the public goods, wares or merchandise on order, in transit or in stock, in conjunction with a declared purpose, as set forth by advertising, that such sale is anticipatory to or to avoid the termination, liquidation, windup, discontinuance, removal, dissolution or abandonment of the business or that portion of the business conducted at any location in the city and:

a.    All sales advertised in any manner calculated to convey to the public the belief that, upon the disposal of the goods to be placed on sale, the business or that portion thereof being conducted at any location in the city, will cease, be removed, be interrupted, discontinued or changed; and

b.    All sales advertised to be “adjuster’s sale,” “adjustment sale,” “assignee’s sale,” “bankrupt sale,” “benefit of administrator’s sale,” “benefit of creditors sale,” “benefit of trustee’s sale,” “building coming down sale,” “closing sale,” “closing-out sale,” “creditors’ committee sale,” “creditors’ sale,” “damaged goods sale,” “end sale,” “executor’s sale,” “final days sale,” “fire sale,” “forced out sale,” “forced out of business sale,” “insolvent sale,” “insurance salvage sale,” “last days sale,” “lease expires sale,” “lease expiring sale,” “liquidation sale,” “loss of lease sale,” “mortgage sale,” “outselling sale,” “receiver’s sale,” “removal sale,” “reorganization sale,” “salvage sale,” “selling-out sale,” “smoke sale,” “smoke and water sale,” “trustee’s sale,” “quitting business sale,” “wholesale closing-out sale,” “we quit sale,” “we give up sale,” “fixtures for sale,” or advertised by any other expression or characterization similar to any of the foregoing and calculated to convey the same meaning; and

c.    All sales advertised in a manner calculated to indicate that the goods, ware or merchandise to be sold, or any part thereof, have been involved in any business failure, or have been derived from a business which has failed or has been closed, discontinued or liquidated; and

d.    All sales accompanied by notices of advertising indicating that the premises are available for purchase or lease or are otherwise to be vacated; and

e.    All sales accompanied by advertising indicating a business emergency or failure affecting the seller or any previous holder of the goods to be disposed of.

B.    Exemptions. The provisions of this section shall not apply to or affect the following persons:

1.    Persons acting pursuant to an order or process of a court of competent jurisdiction;

2.    Persons acting in accordance with their powers and duties as public officers, such as sheriffs and marshals;

3.    Duly licensed auctioneers, selling at auction;

4.    Any publisher of a newspaper, magazine or other publication, who publishes any such advertisement in good faith, without knowledge of its false, deceptive or misleading character, or without knowledge that the provisions of this section have not been complied with.

C.    In addition to the information required by Section 2.10.140, the following information and documents shall be required of any applicant for a business permit to conduct a sale as herein defined:

1.    A description, by street or highway location and kind of building, of the location at which such sale is to be held;

2.    The nature of the occupancy, whether by ownership, lease or sublease; and if by lease or sublease, the effective date of the termination of such tenancy;

3.    Copies of all advertisements proposed to be used in connection with such sale, and a statement of the methods to be used in advertising such sale;

4.    The facts pertaining to the insurance, bankruptcy, insolvency, assignment, mortgage, foreclosure, administration, receivership, trusteeship, removal, executorship removal or other cause advertised to be the reason for the proposed sale;

5.    An inventory or statement in such a form and in such detail as the tax collector may require, setting forth the amount and description of goods, wares and merchandise to be sold at such sale and, when required by the tax collector, the date of the acquisition of such goods, wares and merchandise, the persons from whom obtained, and the place from which said goods were last taken.

D.    Amendment of Permit Application. The tax collector may recommend a denial of a permit under this section because of the insufficiency of the information set forth in the application, but in such event the applicant may file an amended application.

E.    Review of Permit Application. If it appears to the tax collector that the statements in the application are true, that the inventory is complete, that the advertising set forth is not false, fraudulent, deceptive or misleading in any respect, and that the methods to be used by the applicant in conducting the sale are not such as will work a fraud upon any purchaser, and it appears that the applicant will comply in all respects with all of the provisions of this chapter, the tax collector shall issue a permit to conduct such sale in accordance with the provisions of this section. Otherwise, the tax collector shall notify the applicant that a denial of the permit is recommended.

F.    Activities Permitted. A permit issued under the provisions of this section shall authorize the one type of sale specified in the application, at the place designated therein, for a period of not more than sixty calendar days, and shall permit only the sale of goods which are identified in the application, all of which shall be separated for the duration of the sale from other goods displayed within the store or place of business.

G.    Operating Requirements.

1.    Records to Be Maintained. The permittee shall maintain suitable books and records which shall be available to the tax collector at all times during the sale. At the close of business each day, the permittee shall revise the inventory list attached to the application by marking those items disposed of during the business day.

2.    Display of Permit. Upon commencement and for the duration of any sale authorized hereunder, the permittee shall display the permit in a conspicuous location near the entrance to the business premises. The permittee shall make available to the tax collector at all times a duplicate original of the application and the inventory list and shall allow the tax collector to examine all merchandise on the premises and to compare the same with the inventory list.

3.    Substitution or Augmentation Prohibited. The permittee shall not engage in any substitution or replenishment of the goods, wares or merchandise described in the original application, nor change the time or place for any authorized sale, nor authorize another person to conduct such sale.

4.    Manager Required. All close-out, bankruptcy or fire sale permittees shall employ a person on the premises to act as manager at all times during which the close-out, bankruptcy or fire sale is conducted. Such manager shall be permitted pursuant to Section 2.10.050.

H.    Grounds for Revocation of Permit. In addition to any other grounds specified in this chapter, a permit granted pursuant to this section shall be subject to revocation if:

1.    The permittee has failed to include in the inventory list required by this section the goods, wares and merchandise or any part thereof, required to be contained in such list;

2.    The permittee has added, or caused or permitted to be added, any goods, wares or merchandise not described in the original inventory list;

3.    The permittee has violated any provisions of this section, including those pertaining to advertising.

I.    Limited Renewals of Permit. The tax collector may, upon a receipt of a verified application therefor, renew a permit previously issued hereunder for a period not to exceed thirty days, upon the payment of a renewal fee in an amount specified by resolution of the city council. The application for renewal shall set forth a complete inventory of the goods, wares or merchandise remaining to be sold. Upon receipt of such application, the tax collector shall cause an investigation to be made and, if satisfied as to the truth of the statements therein contained, shall grant such renewal, which shall be enforced in the same manner as the original permit. The tax collector may renew any original permit in the manner above provided not more than two times.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.510 Dancehall and dances.

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

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

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

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

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

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

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

7.    “Youth dance” means a public or private dance to which persons between the ages of fifteen and twenty-one are admitted and which is sponsored or conducted by any person other than the permittee of a public or private dancehall.

B.    Application Information.

1.    Procedure. In addition to the information required by Section 2.10.140, the following information shall be required of any applicant for a business permit to conduct a public or private dance at a public or private dance hall, or to conduct a special dance or a youth dance:

a.    The names and addresses of the persons who have authority or control over the location for which the permit is requested, and a brief statement of the nature and extent of such authority or control;

b.    The name and address of the owner of the premises upon which the permitted activity is to be conducted, if the applicant is leasing such premises from the owner;

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

2.    Special Dance Information.

a.    In addition to the information required by Section 2.10.140, and subdivision 1 of this subsection, an applicant for a business permit to conduct a special dance shall specify the number of dances held within the three-month period immediately preceding the date of the application.

b.    An application for a special dance permit shall be filed within forty-five days of the date on which the dance is to be held, unless the tax collector shortens that period of time upon a showing of good cause.

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

C.    Hearing Requirements.

1.    Except as otherwise provided below in subdivision 2, the city council shall hold a public hearing for every business permit application to conduct a public or private dance at a public or private dancehall, or to operate or conduct a special dance or a youth dance.

2.    No hearing by the city council shall be required on an application for a special dance permit unless the tax collector has denied the application and the applicant has appealed such denial to the city council.

3.    Upon submission of a completed special dance application, the tax collector shall notify the city council of the receipt of the application. Where an application for a special dance permit has been approved pursuant to the city’s departmental review process, the tax collector may immediately issue the permit without requiring a hearing.

D.    Operating Requirements.

1.    Hours of Operation. A public or private dance may be conducted at a public or private dancehall, and a special dance may be conducted at a business establishment, only between the hours of seven a.m. and two a.m. of any day unless the city council specifically authorizes otherwise upon a showing of good cause. Such authorization shall be set forth on the business permit.

2.    Exits. No permit shall be issued pursuant to this section to any applicant if the proposed location for the permitted activity does not maintain unlocked doors with free and easy access sufficient to assure adequate ingress and egress in the event of an emergency.

3.    Lighting.

a.    Every establishment at which a public, private, special or youth dance is held shall be illuminated throughout at an intensity of at least three footcandles during all hours of operation, except during such time as a floor show is in progress.

b.    If an establishment at which a permitted public, private, special or youth dance is held, owns or operates an adjacent parking lot, such lot shall be illuminated throughout at an intensity of at least two footcandles.

4.    Manager Required. Any public, private, special or youth dance shall have a responsible person on the premises to act as manager and supervise employees at all times during which the dance is ongoing. Such manager shall be permitted pursuant to Section 2.10.050.

5.    Number of Employees.

a.    Every establishment at which a public, private, special or youth dance is conducted, having a capacity of two hundred persons or less, shall provide at least one supervisory employee in constant attendance during the hours of operation of such dance. Such establishment shall provide at least one additional supervisory employee for each incremental increase in capacity of one hundred persons.

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

c.    The city council may require such additional supervisory employees at any dancehall or establishment, as may be deemed necessary.

6.    Age Restrictions.

a.    Generally. No person under twenty-one years of age shall be allowed into an establishment permitted for a dance under this section unless:

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

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

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

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

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

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

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

9.    Employee Activities Prohibited. Employees shall not solicit or accept drinks from customers.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.520 Day care center or day nursery.

A.    Definitions. For the purposes of this section, the terms “day care center” and “day nursery” mean and include any place or premises, including a nursery school, private kindergarten, private school or special child care center, used for full or partial day reception and care or education, apart from or in the absence of their parent or legal guardian, with or without compensation, of seven or more children under the age of sixteen years, which children are unrelated to the operator. Said terms shall not include state licensed foster homes or family day care homes in residential zones.

B.    Application Information. An application for a business permit for a day care center or day nursery shall contain the information required by Section 2.10.140, as may be applicable.

C.    Operating Requirements. The business permit for a day care center or day nursery shall be subject to the conditions determined in accordance with the procedures specified in Section 2.10.960 of this chapter.

D.    Manager Required. All day care center or day nursery permittees shall employ a person on the premises to act as manager at all times during which the day care center or day nursery is open. Such manager shall be permitted pursuant to Section 2.10.050.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.530 Drive-in or take-out restaurant.

A.    Application Information. An application for a business permit for a drive-in or take-out restaurant shall contain the information required by Section 2.10.140, as may be applicable.

B.    Public Health License Required. No permit shall be issued by the tax collector for any drive-in or take-out restaurant unless and until the applicant obtains a public health license from the Health Officer. Such license shall be in addition to any other license or permit required by the city.

C.    Operating Requirements.

1.    Maintenance of Permitted Premises. The permittee shall maintain the permitted premises as required by this section and other applicable provisions of this code.

2.    Noise Attenuation. The permittee shall require its patrons and employees to comply with all applicable provisions of the city’s noise emissions ordinance so as not to interfere with the right of persons dwelling in the vicinity of such business activity to the peaceful and quiet use and enjoyment of their property.

3.    Refuse Disposal. The permittee shall, at least once every forty-eight hours, dispose of all refuse and waste materials which have accumulated on the permitted premises. Not less than two waste receptacles shall be provided for the use of customers.

4.    Traffic Control. The permittee shall place and maintain at designated locations on the premises appropriate traffic-control devices, and signs and markings, so as to direct vehicular traffic entering and exiting the premises. Parking spaces for vehicles of patrons on the premises shall be designated and marked.

5.    Parking and Driveway Areas. The parking and driveway areas of the permitted premises shall be illuminated in accordance with the provisions of this code pertaining to commercial parking lots, and all such illumination shall be deflected from any adjacent residential property. The parking and driveway areas shall be paved or treated so as to minimize dust and to provide for adequate drainage of surface water.

6.    Access to Premises. To the extent practicable, the permitted premises shall be accessible at two points from public streets. Access routes shall be kept clear by the permittee at all times so as to facilitate the departure of customer’s vehicles and to permit access by emergency vehicles.

7.    Wall Required. Unless otherwise excepted from such condition, the permittee shall provide and maintain a reinforced cement or block masonry wall, not less than three feet and not more than six feet in height, at the boundaries of any area provided for customer vehicle parking and the driveway; provided, however, that no such wall shall be required in the following circumstances:

a.    Where the parking area or the driveway abuts on a public street, other than an alley; or

b.    Where the parking area or the driveway abuts an adjacent use which involves vehicle parking or driveways; or

c.    Within the front yard setback area and at those locations approved for ingress and egress.

8.    Regulation by Permittee of Customers’ Conduct. The permittee shall adopt and enforce all appropriate rules and regulations on the permitted premises so as to discourage or prevent the following conduct by customers or prospective customers:

a.    Unnecessary or unreasonable motor vehicle operations, including the acceleration or racing of vehicle engines, sudden starts or stops of a vehicle, the excessive honking of horns, or cruising;

b.    The throwing or littering of refuse, garbage or waste materials on the premises, other than within refuse receptacles provided for such purpose;

c.    The unauthorized parking of vehicles on the permitted premises for purposes other than patronizing such premises;

d.    The unauthorized parking of vehicles on the permitted premises in such a manner as to block any driveway providing ingress or egress;

e.    The unauthorized possession or consumption on the permitted premises of any alcoholic beverages;

f.    Fighting, quarreling, loud noise or music, loitering, or similar disturbances and nuisances.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.540 Entertainment.

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

1.    “Entertainment” means and includes, but is not limited to, any act, play, review, pantomime, movie, song, dance act, song and dance act, exhibition, dancing for compensation or poetry recitation, performed for the benefit of the public, either at a private or public establishment. Entertainment as used herein does not include mechanical music alone.

B.    Application Information. In addition to the information required by Section 2.10.140, the application for an entertainment permit shall include the following information:

1.    The names and addresses of the persons who have authority or control over the location for which the permit is requested, and a brief statement of the nature and extent of such authority or control;

2.    The name and address of the owner of the premises upon which the permitted activity is to be conducted, if the applicant is leasing such premises from the owner;

3.    Whether nude or semi-nude entertainment is to be provided.

C.    Operating Requirements.

1.    Hours of Operation. Entertainment, including nude and semi-nude entertainment, may be provided at an establishment permitted to provide entertainment in any location for which it is permitted except between the hours of two a.m. and seven a.m. unless the city council specifically authorizes otherwise upon a showing of good cause and that authorization is expressly set forth on the business permit for the permitted activity.

2.    Exits. No permit may be issued pursuant to this section to any applicant if the location for which the permitted activity is being sought does not maintain unlocked doors with free and easy access sufficient to assure adequate ingress and egress in the event of an emergency.

3.    Lighting.

a.    Every business establishment at which permitted entertainment, including nude and semi-nude entertainment, maybe provided shall be illuminated throughout at an intensity of at least three footcandles during all hours of operation except while a floor show is in progress.

b.    Every business establishment at which permitted entertainment, including nude and semi-nude entertainment, may be provided shall, if it owns or operates an adjacent parking lot, provide illumination of at least two footcandles throughout such parking lot.

4.    Manager Required. All business establishments permitted under this section shall have a responsible person on the premises to act as manager at all times during which the establishment is open. Such manager shall be permitted pursuant to Section 2.10.050.

5.    Attire of Customers. No customer or employee shall enter, be or remain in any business establishment permitted pursuant to this section, except when attired in such a manner that the pubic area, private parts and the crease of the buttocks are completely covered and not visible to the human eye, except that entertainers employed for semi-nude or nude entertainment for establishments may appear in the nude or semi-nude.

(Ord. 2266 §§ 4, 5, 10-27-09; Ord. 2265 §§ 4, 5, 10-13-09; Ord. 2011 § 1 Exh. A (part), 8-27-96; Ord. 1948 § 1 (part), 5-25-93)

2.10.550 Escort bureau and introductory service.

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

1.    “Escort” means:

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

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

2.    “Escort bureau” means any business establishment which, for compensation, provides, or offers to provide an escort or escorts.

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

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

C.    Application Information. In addition to the information required by Section 2.10.140, an application for a business permit for an escort bureau or introductory service shall contain the following information, as applicable:

1.    The names and addresses of all escorts and employees employed by or intended to be employed by the applicant;

2.    The last two previous addresses of the applicant and each escort and employee;

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

4.    The height, weight, hair and eye color of the applicant, each escort and each employee;

5.    Photographs and fingerprints of the applicant, each escort and each employee;

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

7.    A description of all services to be provided.

D.    Operating Requirements.

1.    Registration of Escorts and Employees.

a.    Every escort or other employee of an escort service or an introductory service shall register with the chief of police, and no escort bureau or introductory service shall hire or employ any escort or employee who is not so registered.

b.    Every escort bureau and introductory service shall, within twenty-four hours, notify the chief of police of every change in personnel of escorts or other employees.

2.    Manager Required. Every escort bureau and introductory service permitted pursuant to this section shall hire a manager to oversee the operation of the permitted activity at all hours during which the bureau or service is open. Such manager shall be permitted pursuant to Section 2.10.050.

3.    Age Restrictions.

a.    A person conducting an escort bureau shall not furnish any escort to, or accept employment from, any patron, customer or person who is under eighteen years of age, except at the special instance and written request of the parent, guardian or other person in lawful custody of the minor upon whose behalf the escort service is engaged.

b.    A person conducting an introductory service shall not solicit or list any individuals, or their names or addresses, for purposes of introduction or dating, who are less than eighteen years of age.

c.    A person who conducts an escort bureau or introductory service shall not employ or provide as an escort any person under eighteen years of age.

4.    Record of Transactions.

a.    Every person managing an escort bureau or introductory service shall keep a record of every transaction showing:

i.    The name of each escort employed, furnished or arranged for, and the names of any individuals introduced, as applicable;

ii.    The name, address and telephone number of the patron or customer for whom that escort was engaged, or the introduction made, as applicable.

b.    The permittee shall keep all such records available for inspection by the chief of police, any police officer or any person authorized to enforce the provisions of this code. The permittee shall deliver said records to the chief of police upon written request.

5.    Location. A business establishment permitted as an escort bureau or introductory service shall comply with the following locational requirements:

a.    Such business establishment shall not be located within a one thousand five hundred foot radius of a church, a public or private elementary or secondary school, a public park or playground, any noncommercial establishment operated by a bona fide religious organization or any establishment which, as its primary purpose, caters to minors or has minors as the majority of its patrons at such establishment.

b.    Such business establishment shall not be located within a one thousand foot radius of the boundary of any property zoned or used for residential purposes; another sexually oriented business, as said term is defined in Section 2.10.040; or any business establishment which is licensed to sell alcoholic beverages.

E.    Bond Required.

1.    Upon filing an application for permit with the tax collector, the applicant shall file with the city and thereafter maintain a good and sufficient surety bond in the principal sum of five thousand dollars, running to the city for the use and benefit of interested persons and parties, executed by an admitted surety insurer authorized to do business in the state of California, which surety shall be approved by the tax collector.

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

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

F.    Suspension or Revocation Conditions. In addition to the grounds specified in Section 2.10.310, a permit to conduct an escort bureau or introductory service may be suspended or revoked if the tax collector or the city council finds:

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

2.    That the business has been conducted, in whole or in part, as a subterfuge to facilitate or to conceal the conduct of any unlawful business or practice.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.560 Fireworks sales (retail).

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

1.    “Eligible organization” means an organization described in Section 2.08.250(A)(3), which has been established as such in the city for a minimum of one year immediately preceding the filing of any application hereunder, and has a bona fide membership of at least twenty persons, the majority of whom are residents of the city.

2.    “Permit period” means the period commencing at twelve noon on June 28th and ending at twelve midnight to ten p.m. on July 4th of each year.

3.    “Safe and sane fireworks” shall have the same meaning as defined in Section 12529 of the Health and Safety Code of the state of California.

B.    General Requirements.

1.    Permit Required. No person shall offer for sale or sell at retail any fireworks of any kind in the city without first having applied for and received a permit therefor.

2.    Eligible Organizations. Only an eligible organization may apply for a permit to sell fireworks in the city, and only safe and sane fireworks shall be authorized to be sold.

3.    Number of Permits Citywide and to Any Eligible Organization. The total number of permits issued for use in any permit period shall be twenty. Preference and priority will be given, first, to any organization which was issued a permit for nine of the ten years from 1994 to 2003; second, to any eligible organization which was issued a permit for seven consecutive years from 1997 to 2003; and, third, to any other eligible organization chosen at random in a witness drawing conducted by the city of South Gate. In the event that the number of eligible organizations in the first priority class exceeds twenty then each eligible organization in that class shall be subject to a witness drawing. Likewise, in the event that the number of eligible organizations in the second priority class exceeds the total number of remaining permits, then each eligible organization in that class shall be subject to a witness drawing. Any eligible organization which is awarded a permit by the city shall be entitled to only one location. In the event that an otherwise eligible organization is found to have control over, or be under the control of, another otherwise eligible organization, and neither eligible organization agrees to withdraw their application for a permit, then the city shall conduct a witness drawing as between or among those eligible organizations for purposes of determining which organization shall be deemed to be an eligible organization.

4.    Deadline for Permit Application. Unless otherwise authorized by action of the city council, an application for a permit to sell fireworks at retail shall be filed not earlier than March 1st and not later than May 1st of the year in which the permit is sought.

C.    Application Information. In addition to the information required by Section 2.10.140, the application for a permit to sell fireworks at retail shall contain the following information and documentation, as applicable:

1.    Evidence of the applicant’s current status as an eligible organization, as defined herein;

2.    The date of organization of the applicant and the duration of its existence;

3.    The purpose for which the applicant was organized;

4.    The applicant’s intended use of any funds realized from the retail sale of fireworks;

5.    The proposed location of any fireworks stand or other retail outlet applied for, together with two copies of a plot plan showing its location in relation to existing structures and the public right-of-way;

6.    The name and address of the owner of the proposed location, and a written statement from the property owner, lessor or sublessor as to whether the applicant has permission to place a fireworks stand at such a location;

7.    A statement that the person signing the application has read and is familiar with the terms of this section regarding the nature of the permit granted, the location of the fireworks stands or other retail outlets, and the permitted times of storage and sale of fireworks at such location;

8.    The city may also require an organization to provide additional information in such forms as may be developed by the city. The disclosure of a membership list, operating budget, disclosure of affiliation with any other known eligible organization and any other information that may be necessary to allow the city to enforce strict compliance with the permit requirements;

9.    A copy of the seller’s permit issued by the State Board of Equalization.

D.    Issuance of Permit. Applicants for a permit shall be notified by the tax collector of the acceptance or rejection of their application for a permit on or before May 15th.

1.    Upon approval of such application, the applicant shall complete the following prior to the issuance of a permit:

a.    Post a cash deposit with the tax collector in an amount specified by resolution of the city council to guarantee that all litter shall be cleared from the premises of any temporary fireworks stand by the date set forth in this section;

b.    File with the tax collector a certificate of public liability and property damage insurance in a minimum amount of $100,000/$200,000/$25,000 which shall cover the operation and premises of any temporary fireworks stand; in addition, the city shall be named as an additional insured on such insurance coverage.

2.    A copy of the application and plot plan shall be forwarded to the State Fire Marshal who shall review the location of any proposed fireworks stand for compliance with existing fire regulations. The State Fire Marshal shall report his findings to the tax collector on or before May 30th.

3.    A copy of the application and plot plan shall also be forwarded to the chief of police for permit investigation. A report of such investigation shall be made to the tax collector on or before May 30th.

4.    Upon final inspection by appropriate city departments and compliance with these regulations, a permit shall be issued by the tax collector.

E.    Operating and Reporting Requirements.

1.    The permittee shall use the net proceeds derived from its retail sales operations under the permit only for such nonprofit, charitable, religious or other tax-exempt service projects as shall be of benefit to the city, and for no other purpose.

2.    On or before March 1st of the following year, permittee shall file a report with the tax collector describing each such service project, and setting forth an accounting of the funds derived from the retail sale of fireworks for the previous year.

3.    No eligible organization shall receive a permit for the retail sale of fireworks if such organization received a permit within the previous two years and failed to file the reports required in subsections (C)(8) and (E)(2) of this section or otherwise violate any provisions of this code relating to the prior two year period or to the eligible organization’s operations thereunder.

4.    No person under the age of eighteen shall be allowed to purchase fireworks.

5.    All permits shall expire at twelve midnight on July 4th.

6.    All permits shall be posted in a conspicuous place at the authorized location.

7.    Permittee shall strictly comply with all applicable provisions of the State Fireworks Law (Sections 12500 et seq. of the California Health and Safety Code).

8.    All fireworks sales permittees shall employ a person on the premises to act as manager at all times during which the fireworks sales are conducted. Such manager shall be permitted pursuant to Section 2.10.050.

F.    Regulations for Temporary Fireworks Stands. All temporary stands for the sale of fireworks shall be located, maintained and operated subject to the following provisions:

1.    Temporary fireworks stands shall be capable of resisting wind loads without collapsing, sliding or overturning. Such temporary stands shall be installed in conformance with the recommendations of a licensed civil engineer, structural engineer, or architect. The plan showing the recommended installation requirements shall be subject to the review and approval of the director of building and safety. The plan shall be approved prior to the installation of the stand. All necessary hold downs shall be installed when the stand is initially erected. Fireworks stands, as temporary structures, need not comply with other provisions of the building code of the city; provided, however, that all stands shall be erected to the satisfaction of the director of building and safety, or his designee, who shall require that stands be constructed in such a manner as to reasonably ensure the safety of all attendants and patrons. All utilities shall be installed and maintained in accordance with all applicable governmental statutes, ordinances, codes and regulations.

2.    Upon approval of the stand and any utilities installed therein, a certificate of occupancy shall be issued by the department of building and safety and the fire department. The certificate of occupancy, or a copy thereof, shall be posted in a conspicuous location within the stand. It is unlawful to sell any fireworks from a stand that does not have a valid certificate of occupancy. Utilities shall not be connected, added or modified in an approved stand after the issuance of a certificate of occupancy without the prior approval of the director of building and safety.

3.    No person shall install any electrical wiring within a fireworks stand until an appropriate electrical permit has been obtained from the department of building and safety.

4.    No temporary fireworks stand shall be erected within one hundred feet of any gasoline station or commercial garage, nor within twenty-five feet of any other structure. Minimum setback from the street curbing shall be ten feet.

5.    No temporary stand shall be located within a residential zone except in those circumstances where the tax collector finds and determines that the presence of a temporary fireworks stand will not be detrimental to the surrounding residential neighborhood.

6.    No temporary fireworks stand shall be installed prior to twelve noon on June 21st, and each stand shall be removed from any temporary location by twelve noon on July 12th.

All accompanying litter, debris, building materials, utility connections and other facilities, equipment or materials, shall be cleared from said location by said time and date to the satisfaction of the director of public works. If the premises have not been cleared by said date, the department of public works shall clear or cause to be cleared said premises, and shall charge the cost thereof to the cash deposit, and the unexpended balance, if any, shall be returned to the permittee.

7.    All weeds and combustible material, not including structures, shall be cleared from the location of the temporary fireworks stand, and for a distance of at least fifty feet surrounding the stand.

8.    All trash shall be removed from the location and the fireworks stand each evening at the close of business.

9.    There shall be maintained at each location or within each stand at which fireworks are sold or offered for sale, two fire extinguishers of a type approved by the Los Angeles County fire department.

10.    No person shall light, or cause or permit to be lighted, any fireworks or any other article or material within any such stand, or within fifty feet thereof.

11.    No smoking shall be allowed in any structure used for the retail sale and display of fireworks, nor within fifty feet of said structure. “No Smoking” signs shall be prominently displayed both inside and outside the temporary fireworks stand.

12.    There shall be at least one adult in attendance during the authorized retail sale hours of the fireworks stand. No person under eighteen years of age shall be permitted in a stand.

13.    The permittee shall provide an adult night watchman to act during the hours of fireworks storage. Under no circumstances shall the night watchman sleep within the fireworks stand.

14.    No alcoholic beverages shall be allowed at the authorized location. No person who is under the influence of alcoholic beverages shall enter, or be allowed in, the fireworks sales booth.

15.    Fireworks stands shall have exits at least thirty inches in width at both ends of the structure, and one thirty-inch exit every twenty feet on the rear wall of the structure. No supplies or other materials shall be stored in front of exit doors. All exit doors shall remain unlocked and unlatched whenever the stand is occupied.

16.    Fireworks on the retail sale site shall be stored and kept only in the permittee’s sales booth. It is unlawful to store any fireworks in any other place within the city, except as provided in Section 2.10.580.

17.    All unsold stock shall be removed from the authorized location by twelve noon on July 7th.

18.    Any violation of the provisions of this subsection shall constitute grounds for suspension of the permit by the tax collector on twenty-four hours notice to the permittee; provided, however, if any such violation is committed in the presence of any police officer, the fire chief, or any other city officer authorized to enforce the provisions of this code, the tax collector shall be authorized and empowered, upon receiving a duly executed written report of a violation from any such officer, to forthwith close any temporary fireworks stand operated in violation of these regulations.

(Ord. 2153 § 2, 12-9-03; Ord. 1948 § 1 (part), 5-25-93)

2.10.570 Fireworks sales (wholesale).

A.    General Requirements.

1.    The tax collector may, in the exercise of discretion, and from time to time, issue one or more wholesale permits for the possession and wholesale distribution of “safe and sane fireworks” within the city to any person licensed by the State Fire Marshal as a manufacturer, importer, exporter or wholesaler of fireworks.

2.    Such wholesale permits may, unless revoked by the city council, be renewed annually; provided, however, that the permittee shall, on or before March 1st of each year, file an application for renewal thereof in the same form as an application for the original permit, and shall pay the permit renewal fee in the amount specified by resolution of the city council.

3.    Every wholesale permit issued hereunder shall expire on December 31st of the year in which such permit is issued.

B.    Application Information. In addition to the information required by Section 2.10.140, the application for a wholesale permit to engage in the possession and wholesale distribution of safe and sane fireworks in the city shall contain the following information, as applicable:

1.    A statement that, upon issuance of the permit, the applicant will deliver to the city a products liability, public liability and property damage insurance policy in the principal amount of not less than three hundred thousand dollars. Such policy shall be issued by an admitted surety insurer, and shall be in such form as shall be approved by the city attorney. Said policy shall name the city, its officers, agents and employees, as an additional insured;

2.    The applicant’s state fireworks license number or numbers, the names and addresses of its principal partners, owners or officers, and the name, residence address and capacity of the person signing the application;

3.    A statement that fireworks will not be furnished, sold, distributed or placed in the possession of any person or organization in the city, or for sale, use or distribution in the city, unless such person or organization holds a valid and unrevoked permit from the city to so possess, sell, use or distribute said fireworks;

4.    The applicant shall provide plans and specifications for temporary fireworks stands for the retail sale of fireworks to be distributed, and no sale, distribution or storage of fireworks shall be made except to, from or at a temporary fireworks stand. Such temporary stands shall be subject to the provisions of Section 2.10.560(F).

C.    Operating Requirements.

1.    No fireworks shall be distributed within the city by the permittee to any retail permittee or other person prior to June 27th of the calendar year for which the permit is issued.

2.    Every shipment or load of fireworks distributed by the permittee to any retail permittee shall be accurately inventoried, and a copy of the inventory furnished to the retail permittee at the time of such distribution. It is a misdemeanor for any person to furnish to any retail permittee any materially false or inaccurate inventory. A copy of each such inventory shall be filed with the tax collector by the permittee.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.580 Fireworks (storage).

A.    General Prohibitions on Storage of Fireworks.

1.    It is unlawful to store any fireworks destined or intended to be sold at retail in any residence, dwelling unit, garage or automobile within the city.

2.    It is unlawful to store any fireworks destined or intended to be sold at retail in any building or other place within the city without a permit therefor issued by the city.

B.    Application Information. The application for a permit to store fireworks destined or intended to be sold at retail in the city shall contain the information required by Section 2.10.140.

C.    Review of Application. Upon filing of the permit application required hereunder, the tax collector shall cause an investigation to be made of the location where the applicant proposes to store the fireworks. No permit shall be issued by the tax collector except upon a determination by the department of building and safety that the proposed storage location is in compliance with all applicable statutes, ordinances, codes, rules and regulations.

D.    Operating Requirements.

1.    Prior to initiating the storage of fireworks at any authorized location, the permittee shall procure liability and property damage insurance covering its operation in and about said premises in a minimum amount of $100,000/$200,000/$25,000; in addition, the city shall be named as an additional insured on such policy of insurance. The permittee shall file a certificate of such insurance with the tax collector within seven days after issuance of the permit authorizing such storage operation.

2.    No fireworks shall be stored within one hundred feet of any gasoline service station or within twenty-five feet of any automobile garage. Any facility for the storage of fireworks shall maintain a minimum setback from the street curbing of ten feet.

3.    There shall be maintained at each location where fireworks are stored, at least two fire extinguishers of a type approved by the Los Angeles County fire department; provided, however, that if more than one room at any location is used for fireworks storage, there shall be at least one approved fire extinguisher per room.

4.    No person shall light, or cause or permit to be lighted, any fireworks, or any other article or material, within any structure approved for fireworks storage, or within fifty feet thereof.

5.    No smoking shall be allowed in any structure used for the storage of fireworks nor within fifty feet of said structure. “No Smoking” signs shall be prominently displayed.

6.    No person, age eighteen or younger, shall be permitted in the fireworks storage structure.

7.    No alcoholic beverages shall be allowed on the permitted premises. No person who is under the influence of alcoholic beverages shall enter, or be allowed in the building or structure authorized and used for fireworks storage.

8.    The permittee shall provide an adult night watchman to serve during all hours other than normal business hours. Under no circumstances shall the night watchman sleep within the building in which the fireworks are stored.

9.    All permits shall be posted in a conspicuous place at the storage site.

10.    The permittee shall strictly comply with all the provisions of the State Fireworks Law (Sections 12500 et seq., of the California Health and Safety Code).

11.    Any violation of the provisions of this subsection shall constitute grounds for suspension of the permit by the tax collector on twenty-four hours notice to the permittee; provided, however, if such violation is committed in the presence of any police officer, the fire chief or any other city officer authorized to enforce the provisions of this code, the tax collector shall be authorized and empowered, upon receiving a duly executed written report of a violation from any such officer, to forthwith close any location for the storage of fireworks operated in violation of these regulations.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.585 Fines related to dangerous fireworks.

A.    This section authorizes the imposition of administrative fines on any person who violates any provision of this section in order to encourage and obtain compliance with the provisions of this chapter for the benefit and protection of the entire community. This section governs the imposition, enforcement, collection and administrative review of all administrative fines, related to: (1) the possession, use, storage, sale and/or display of those fireworks classified as “dangerous fireworks” in Section 12500 et seq. of the California Health and Safety Code, with the exception of a pyrotechnic licensee when operating pursuant to that license; and/or (2) the use of safe and sane fireworks on or at dates, times and/or locations other than those permitted by this section. Said administrative fines are imposed under authority of Section 53069.4 of the California Government Code, Section 12557 of the California Health and Safety Code, and the police power of the city.

B.    “Dangerous fireworks,” as more particularly defined in Section 12505 of the California Health and Safety Code, include but are not limited to firecrackers, roman candles, and skyrockets, but exclude “safe and sane fireworks” as defined by Section 12529 of the California Health and Safety Code.

C.    Except as otherwise provided in this section, a violation of this section shall be an administrative violation subject to an administrative citation as established in Chapter 1.59. The range of monetary sanctions for a violation of this section is set below in subsection (K) of this section.

D.    “Person” means an individual or a legal entity that is an owner, tenant, lessee and/or other person with any right to possession or control of property where a violation of this code occurred.

E.    “Responsible person” means a person who causes a code violation to occur or allows a violation to exist or continue, by his or her action or failure to act. Every parent, guardian, or other person having the legal care, custody or control of any person under the age of eighteen years, who knows or reasonably should know that a minor is in violation of this section, may be issued a violation in accordance with the provisions of this section and Chapter 1.59.

F.    Because of the serious threat of fire or injury posed by the use of “dangerous fireworks” that can result from persistent or repeated failures to comply with the provisions of this section and the effect of such conditions or activities on the safety and the use and enjoyment of surrounding properties and to the public health, safety and welfare, this section imposes strict civil liability upon the owners of real property for all violations of this section existing on their real property. Each contiguous use, display and/or possession shall constitute a separate violation and shall be subject to a separate administrative fine.

G.    The chief of police or his/her designee shall enforce the provisions of this section. The issuance of citations imposing administrative fines shall be performed at the discretion of law enforcement personnel of the city.

H.    The city shall provide cost reimbursement to the State Fire Marshal pursuant to regulations adopted by the State Fire Marshal addressing the State Fire Marshal’s cost for the transportation and disposal of dangerous fireworks seized by the city, which costs will be a part of any administrative fine imposed, pursuant to Section 12557 of the California Health and Safety Code.

I.    The imposition of fines related to dangerous fireworks under this section shall be limited to persons who possess, sell, use and/or display, or the seizure of, twenty-five pounds or less (gross weight) of such dangerous fireworks, pursuant to Section 12557 of the California Health and Safety Code.

J.    Fines collected pursuant to this chapter related to dangerous fireworks shall not be subject to Section 12706 of the California Health and Safety Code, which section provides that certain fines collected by a court of this state be deposited with, and disbursed by, the county treasurer, pursuant to Section 12557 of the California Health and Safety Code.

K.    Penalties for Violations.

1.    Each person who violates any provision of this chapter as it relates to the possession, use, storage, sale and/or display of dangerous fireworks shall be subject to the imposition and payment of an administrative fine or fines as provided below:

Number of Offenses in One-Year Period

Amount of Administrative Penalty

Late Charge

Total Amount of Penalty plus Late Charge

First

$1,000.00

$250.00

$1,250.00

Second

$1,500.00

$500.00

$2,000.00

Third

$2,000.00

$1,000.00

$3,000.00

2.    Each person who uses safe and sane fireworks on or at dates, times and/or locations other than those permitted by this chapter shall be subject to the imposition and payment of an administrative fine or fines as provided below:

Number of Offenses in One-Year Period

Amount of Administrative Penalty

Late Charge

Total Amount of Penalty Plus Late Charge

First

$250.00

$125.00

$375.00

Second

$500.00

$250.00

$750.00

Third

$1,000.00

$500.00

$1,500.00

3.    Payment of an administrative fine shall not excuse or discharge a responsible person from the duty to immediately abate and correct a violation of this chapter, nor from any other responsibility or legal consequences for a continuation or a repeated occurrence(s) of a violation of this chapter.

(Ord. 2327 § 1, 5-24-16)

2.10.590 Fortunetelling.

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

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

B.    Permit Exemptions.

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

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

C.    Application Information. In addition to the information required by Section 2.10.140, the application for a permit for fortunetelling shall contain the following information:

1.    The last two previous addresses of the applicant;

2.    Photographs and fingerprints of the applicant and each employee;

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

(Ord. 1948 § 1 (part), 5-25-93)

2.10.600 Game arcade.

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

1.    “Coin-operated game” means any game or machine, operated by the insertion of money, coin or other object, which is predominately a game of skill or amusement. Such games include, but are not limited to, coin-operated pool tables, pinball machines and video games.

2.    “Game arcade” means any place open to the public where four or more coin-operated games are kept or maintained for use and operation by the public.

B.    General Requirements.

1.    Manager Required. A game arcade permittee shall provide a manager, pursuant to Section 2.10.050, to oversee the operation and orderly use of the games in the game arcade. Such manager shall be present in the game arcade during all hours that it remains open.

2.    Visibility of Interior.

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

b.    Notwithstanding subdivision (2)(a) of this subsection, if the game arcade is located in a physically segregated portion of the premises, the permittee shall maintain its interior in a manner such that it is clearly visible from the entrance into the game arcade.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.610 Garage sale (residential zone).

A.    Applicability.

1.    This section shall apply to any person who intends to or who does display, offer for sale or sell to the general public personal property in any residential zone, including sales of personal property commonly known as “garage sales,” “yard sales,” “patio sales,” “rummage sales,” “estate sales” and the like.

2.    This section shall not be deemed applicable to the occasional sale of an item or items of used personal property in any residential zone where no signs advertising such sale are placed at the location of the sale, and where all prospective buyers of the item or items of used personal property are invited by or have made an appointment with the seller prior to inspecting, purchasing or taking delivery of such personal property.

B.    Exemption from Permit Fee. A bona fide nonprofit organization shall be exempt from the payment of a permit fee. Any applicant claiming nonprofit status shall provide evidence of such at the time the application is submitted. Acceptable evidence of nonprofit status shall be a 501(c)(3) IRS Status Form or State of California Form 22270.

C.    Application Information. An applicant for a permit to conduct a sale of personal property to the general public in a residential zone shall submit the following information on a form to be provided by the tax collector:

1.    Full name and residence address of the applicant;

2.    The address where the sale will be conducted;

3.    The dates and hours of the sale;

4.    A general description of the personal property to be sold;

5.    A declaration, signed under penalty of perjury, that:

a.    The applicant is the owner of all of the personal property to be offered for sale and that the applicant will permit inspection by the chief of police, or his designee, of all personal property offered or to be offered for sale, and

b.    The applicant has read and will comply with all requirements of this section.

D.    Duration of Permit. The permit issued by the tax collector in accordance with the provisions of this section shall be valid for a period not to exceed three consecutive days or, in the alternative, two consecutive two-day weekends, as may be specified by the permittee in its application.

E.    Conditions and Restrictions on Permitted Sales of Personal Property in Residential Zones.

1.    Only one permit shall be issued by the tax collector during any six-month period to any applicant or for any sale of personal property at the same location in a residential zone.

2.    The original or a copy of the permit authorizing the sale of personal property to the general public in a residential zone shall be posted or otherwise displayed by the permittee in a conspicuous place at the location of the sale during the hours of the sale.

3.    The display of the personal property, and related sales activities, shall be conducted by the permittee only on the residential real property identified in the permit; provided, however, that no sidewalk or parkway area, and no more than one-half of the front yard, including the driveway area, shall be used for such display or related sales activities.

4.    The personal property displayed, offered for sale or sold pursuant to the permit shall be the used personal property of the permittee. No personal property of any nature shall be moved from another location to the location identified in the permit for the purpose of displaying, offering for sale or selling such personal property.

5.    No sign or other form of advertisement of a proposed sale of personal property in a residential zone shall be placed upon any public property within the city nor upon any property other than the authorized location of the sale. No sign or other form of advertisement shall be displayed for more than two days prior to the commencement or continuation of the sale, and permittee shall remove any such sign or advertisement by six p.m. on the date the sale is concluded. Two signs only, each not exceeding six square feet in area, may be placed in the front or side yard of the authorized location of the sale. The signs shall be placed at least five feet from the front property line which, for purposes of this subsection, shall be deemed the inside edge of the sidewalk or, if there is no sidewalk, the inside edge of the curb. No flags, banners, pennants or similar items shall be utilized by the permittee for the purpose of advertising the sale.

F.    Permit Index File. The tax collector shall keep and maintain an index file of all permits issued pursuant to the provisions of this section. Such index file shall identify the names of the permittees and the locations in residential zones where sales of personal property have been authorized.

G.    Penalty for Violation. Any person who displays, offers for sale or sells to the general public any consumer goods or other personal property, whether new or used, in any residential zone without first obtaining a permit therefore from the tax collector, or who violates any of the provisions of this section, shall be guilty of an infraction and shall be issued a citation punishable by a one hundred dollar-fine and will not be allowed to obtain a yard sale for one year from the date of violation. There shall be a six-month grace period from the date of adoption by the city council before any citation shall be issued for a violation of the number of garage sales held annually or a violation of the date on which such sales may be held, pursuant to subsection H of this section. (Ord. 2177 § 1, 7-27-04)

H.    Limitation on Number of Garage Sales and Date Permitted for Holding Garage Sales. Not more than two garage sales per household shall be permitted per calendar year. Garage sales shall be held only on the third weekend of each month, Saturday and Sunday, from eight a.m. to six p.m. each day. (Ord. 2177 § 2, 7-27-04)

(Ord. 2177 §§ 1, 2, 7-27-04; Ord. 1948 § 1 (part), 5-25-93)

2.10.620 Golf range.

A.    Application Information. An application for a business permit to engage in the operation of a golf range shall contain the information required by Section 2.10.140.

B.    Operating Requirements. The business permit for a golf range shall be subject to the conditions determined in accordance with the procedures specified in Section 2.10.960 of this chapter.

C.    Manager Required. All golf range permittees shall employ a person on the premises to act as manager at all times during which the golf range is open. Such manager shall be permitted pursuant to Section 2.10.050.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.630 Gun dealer.

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

“Gun dealer” means any person who sells or otherwise transfers to members of the public any pistol, revolver or other firearm, new or used, capable of being concealed upon the person.

B.    Application Information.

1.    Permit Form. Any permit issued to operate a business as a gun dealer shall be on a form provided by the State Attorney General.

2.    Application Form. Notwithstanding any other provision of this chapter, every applicant for a business permit as a gun dealer shall complete the application form provided by the State Attorney General.

C.    Operating Requirements. All permits issued under this section are subject to the following conditions, breach of any of which shall subject the business permit to revocation:

1.    The business activity shall be carried on only in the building designated in the permit.

2.    The permit, or a copy thereof, shall be posted in a conspicuous place on the premises in which the business is being conducted.

3.    No pistol, revolver or other firearm capable of being concealed upon the person shall be delivered within fifteen days of the application for the purchase, or, after notice by the Department of Justice (“Department”) pursuant to subdivision (c) of Section 12076 of the State Penal Code, within fifteen days after submission to the Department of corrected copies of the register, or within fifteen days after submission to the Department of any fee required pursuant to subdivision (d) of Section 12076 of the State Penal Code, whichever is later:

i.    Unless unloaded and securely wrapped, or unloaded and in a locked container;

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

4.    No pistol, revolver or other firearm capable of being concealed upon the person shall be delivered whenever the dealer is notified by the Department that a purchaser is in a prohibited class described in Section 12021 or 12021.1 of the Penal Code, or Section 8100 or 8103 of the Welfare and Institutions Code.

5.    No pistol or revolver, or imitation thereof, or placard advertising the sale or other transfer thereof, shall be displayed in any part of the premises where it can readily be seen from the outside.

6.    The permittee shall agree to and shall act properly and promptly in processing transfers of pistols, revolvers, and other firearms capable of being concealed upon the person.

7.    The permittee shall comply with Sections 12073 and 12077 and subdivision (b) of Section 12072 of the State Penal Code.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.640 Health club.

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

1.    “Health club” means:

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

b.    Any business which has therein one or more steamrooms, saunas, shower stalls, swimming pools, soaking facilities such as spas, tubs or any other device in which a person can soak, such as a steambath.

2.    “Health club contract” means a contract in the form and content prescribed by California Civil Code Sections 1812.80 et seq. between a health club and a consumer of health club services.

3.    “Health club closure” means the discontinuation or relocation of those health club services specified in the health club contract. This term shall not include temporary closures for a period of two weeks or less for the purpose of making repairs or alterations to existing facilities.

4.    “Refund” means 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 if such fees were paid within two years of the date of the health club closure.

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

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

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

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

4.    Any business permitted under this chapter as a massage establishment or as a bath parlor.

C.    Operating Requirements.

1.    Term of Health Club Contract. No health club operating in the city shall contract to provide health club services for any period of time beyond which the health club has an ownership or leasehold interest in the property where such health club is to be operated.

2.    Effect of Closure.

a.    Any health club closure for the purpose of repairs or alterations, which results in the closure of such health club for a period of two weeks or longer, shall result in an extension of the consumer’s health club contract commensurate with the period of such closure. Said extension shall be added to the remaining term of the initial contract. The health club shall keep a record of all closures exceeding two weeks.

b.    If any health club closure attributable to repairs or alterations results in the closure of said health club for a period of three months or longer, the permittee shall comply with one of the following, at the option of the consumer:

i.    The consumer’s health club contract shall be extended for a period commensurate with the health club closure; or

ii.    The consumer shall receive a refund of the total amount paid for the health club contract, prorated from the first day of the health club closure.

c.    A health club closure attributable to its relocation shall result in one of the following:

i.    If the health club is relocated within not more than a five-mile radius of its previous location, then the consumer’s health club contract shall be extended for a period commensurate with the period during which the club is closed for relocation; or

ii.    If the health club is relocated to a new location beyond a five-mile radius from the previous location, the consumer shall receive, at the consumer’s option, a refund of the amount paid for the health club contract, prorated from the first day of the health club closure, or an extension of the contract as provided for in subdivision (i) above.

3.    Disclosure Statement. All health club contracts entered into in the city shall be accompanied by a disclosure statement which shall be printed in bold face letters:

NOTICE TO CONSUMERS: In the event of a health club closure, you may have additional protections afforded by local law beyond those provided to you under state law. For more information, contact the City of South Gate, Director of Finance, 8650 California Avenue, South Gate, California, 90280.

4.    Compliance Period. All health clubs shall comply with the requirements of this section on or before December 31, 1993.

5.    Sign at Main Entrance. A legible sign shall be posted at the main entrance of every health club within the city identifying the establishment. Such sign shall comply with all requirements of this code.

6.    Maintenance of Facilities. The permittee of a health club shall comply with the following requirements:

a.    Hot and cold running water shall be provided at all times;

b.    Separate closed cabinets shall be provided for the storage of clean and soiled towels, and these cabinets shall be plainly marked “Clean Towels” and “Soiled Towels”;

c.    All equipment shall be maintained in a good state of repair, and all walls, ceilings, floors, pools, showers, bathtubs, steamrooms and all other physical facilities of the establishment shall be maintained in good repair and in a clean and sanitary condition;

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

e.    The facility shall be adequately ventilated and air-conditioned;

f.    Separate changing and restroom facilities shall be provided for men and women.

7.    Manager Required. All health club permittees shall employ a person on the premises to act as manager at all times during which the health club is open. Such manager shall be permitted pursuant to Section 2.10.050.

D.    Bond Requirements.

1.    Bond Required. No permit shall be issued or renewed pursuant to this section unless the applicant first submits to the tax collector evidence of a surety bond meeting all of the following requirements:

a.    The initial bond be provided upon original issuance shall be in an amount equal to the greater of: (i) ten thousand dollars, or (ii) an amount equal to the applicant’s estimate of the aggregate amount of prepaid initiation fees and prepaid annual and multiannual membership fees to be received during the first year of business operations. The bond to be provided upon any renewal of the permit shall be in an amount equal to the greater of: (i) ten thousand dollars, or (ii) the aggregate amount received during the prior year as prepaid initiation fees and prepaid annual or multiannual membership fees (less that amount of such fees actually applied to membership privileges), plus an amount equal to the renewal applicant’s estimate of such prepaid fees to be received during the ensuing year of business operations.

b.    The bond shall be enforceable upon the failure of the applicant to provide to the tax collector proof of refunds within thirty days following the date of the health club closure.

c.    The bond shall provide for payment of administrative costs to the city in an amount equal to ten percent of the total monies required to be refunded to health club members.

2.    Bond Exemption. A bond shall not be required for the issuance or renewal of a health club permit if the tax collector, after consultation with the city attorney, determines that the applicant is eligible for an exemption based upon any one of the following criteria:

a.    The applicant is a nonprofit organization which is exempt from taxation pursuant to the California Revenue and Taxation Code;

b.    The applicant does or will charge consumers on a monthly fee basis (excluding installment plans), and does not or will not charge an initiation fee in an amount greater than the monthly fee;

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

d.    The applicant, subject to the approval of the tax collector, assigns to the city a certified check, cashier’s check or cash deposit in the amount of seventy-five thousand dollars, to be used exclusively for the payment of refunds, and designates the city as the repository and trustee of such funds.

3.    Bond Enforcement Stayed. The permittee of a health club shall have a period of thirty days from the date of a health club closure to pay any refunds to affected consumers. Thereafter, the city may enforce the refund provisions set forth in subsection E of this section.

E.    Administration of Refunds.

1.    Disbursement of Refunds. If the health club permittee does not pay refunds within thirty days after the date of the health club’s closure, the city shall, upon receipt of funds from the bond or other deposit of security, pay such refunds as may be practicable in view of the available funds and the amounts claimed by consumers. The city shall prorate such refunds, based on the length of time remaining on the consumer’s health club contract. The administration of consumer refunds shall be the responsibility of the tax collector who shall:

a.    Establish a health club refund account in which all proceeds from the surety bond or other deposit of security shall be placed;

b.    Receive and review all claims for consumer refunds;

c.    Determine the validity of and appropriate amount for each consumer refund;

d.    Deduct from the bond proceeds or other deposit of security, as administrative costs, an amount equal to ten percent of the aggregate amount of refunds paid to consumers.

2.    Deadline for Refund Claims. Unless good cause is shown, no claim for a refund shall be accepted by the tax collector more than six months from after the date of the health club closure. The tax collector shall not pay any claims filed with the city until the end of such six-month period. Nothing in this section shall affect the rights of consumers to alternatively pursue civil remedies which may otherwise be available under state or federal law.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.650 Home occupation (residential zone).

A.    Definition. For the purposes of this section, the following terms shall have the following meaning:

1.    “Home occupation” means and includes an occupation or business activity conducted for financial gain within a dwelling unit in a residential zone, which is incidental and secondary to the use of the dwelling unit for residential purposes, which does not change the character of the residential use, and which has been reviewed and approved by the director of community development.

2. a.    “Cottage food operation” shall have the same meaning as provided for in Health and Safety Code Section 113758(a), as may be amended from time to time. As provided in Section 113758(a), “cottage food operation” means an enterprise that has not more than the amount in gross annual sales that is specified in this subdivision, is operated by a cottage food operator, and has not more than one full-time equivalent cottage food employee, not including a family member or household member of the cottage food operator, within the registered or permitted area of a private home where the cottage food operator resides and where cottage food products are prepared or packaged for direct, indirect, or direct and indirect sale to consumers pursuant to this part. In 2013, the enterprise shall not have more than thirty-five thousand dollars in gross annual sales in the calendar year. In 2014, the enterprise shall not have more than forty-five thousand dollars in gross annual sales in the calendar year. Commencing in 2015, and each subsequent year thereafter, the enterprise shall not have more than fifty thousand dollars in gross annual sales in the calendar year. A cottage food operation includes both of the following:

(1)    A “Class A” cottage food operation, which is a cottage food operation that may engage only in direct sales of cottage food products from the cottage food operation or other direct sales venues described in subsection (A)(2)(b)(4) of this section.

(2)    A “Class B” cottage food operation, which is a cottage food operation that may engage in both direct sales and indirect sales of cottage food products from the cottage food operation, from direct sales venues described in subsection (A)(2)(b)(4) of this section, from off-site events, or from a third-party retail food facility described in subsection (A)(2)(b)(5) of this section.

b.    For purposes of this section, the following definitions shall apply:

(1)    “Cottage food employee” means an individual, paid or volunteer, who is involved in the preparation, packaging, handling, and storage of a cottage food product, or otherwise works for the cottage food operation. An employee does not include an immediate family member or household member of the cottage food operator.

(2)    “Cottage food operator” means an individual who operates a cottage food operation in his or her private home and is the owner of the cottage food operation.

(3)    “Cottage food products” means nonpotentially hazardous foods, including foods that are described in Health and Safety Code Section 114365.5 and that are prepared for sale in the kitchen of a cottage food operation. The list of “cottage food products” shall include all approved food products posted on the Internet website maintained by the California Department of Public Health. This list of nonpotentially hazardous foods includes, but is not limited to, all of the following:

(1)    Baked goods without cream, custard, or meat fillings, such as breads, biscuits, churros, cookies, pastries, and tortillas.

(2)    Candy, such as brittle and toffee.

(3)    Chocolate-covered nonperishable foods, such as nuts and dried fruit.

(4)    Dried fruit.

(5)    Dried pasta.

(6)    Dry baking mixes.

(7)    Fruit pies, fruit empanadas, and fruit tamales.

(8)    Granola, cereals, and trail mixes.

(9)    Herb blends and dried mole paste.

(10)    Honey and sweet sorghum syrup.

(11)    Jams, jellies, preserves, and fruit butter that comply with the standard described in Part 150 of Title 21 of the Code of Federal Regulations.

(12)    Nut mixes and nut butters.

(13)    Popcorn.

(14)    Vinegar and mustard.

(15)    Roasted coffee and dried tea.

(16)    Waffle cones and pizelles.

The State Public Health Officer may add or delete food products to or from the list described above, which shall be known as the approved food products list. Notice of any change to the approved food products list shall be posted on the department’s cottage food program Internet website.

(4)    “Direct sale” means a transaction between a cottage food operation operator and a consumer, where the consumer purchases the cottage food product directly from the cottage food operation. Direct sales include, but are not limited to, transactions at holiday bazaars or other temporary events, such as bake sales or food swaps, transactions at farm stands, certified farmers’ markets, or through community-supported agriculture subscriptions, and transactions occurring in person in the cottage food operation.

(5)    “Indirect sale” means an interaction between a cottage food operation, a third-party retailer, and a consumer, where the consumer purchases cottage food products made by the cottage food operation from a third-party retailer that holds a valid permit issued pursuant to Section 114381. Indirect sales include, but are not limited to, sales made to retail shops or to retail food facilities where food may be immediately consumed on the premises.

(6)    “Private home” means a dwelling, including an apartment or other leased space, where individuals reside.

(7)    “Registered or permitted area” means the portion of a private home that contains the private home’s kitchen used for the preparation, packaging, storage, or handling of cottage food products and related ingredients or equipment, or both, and attached rooms within the home that are used exclusively for storage.

B.    Application Information. An application for a permit to conduct a home occupation or cottage food operation in any residential zone in which such use is authorized by this code shall contain the information required by Section 2.10.140. In addition, if the home occupation is to be conducted in a dwelling unit which is leased or rented by the applicant, the property owner’s written consent to the conduct of the proposed home occupation shall accompany the application.

C.    Operating Requirements and Conditions.

1.    No customers, clients or visitors shall come to the permitted dwelling unit in connection with the authorized home occupation; provided, however, that direct sales may occur from a cottage food operation.

2.    No signs relating to the home occupation shall be allowed.

3.    Advertising for the home occupation shall not include the residential address.

4.    No one other than a resident of the permitted dwelling unit shall be employed on the premises in the course of conducting a home occupation; provided, however, that a cottage food operation may employ not more than one full-time equivalent nonhousehold member as an employee. In no event may more than one part-time employee be working at any one time at a cottage food operation.

5.    Home occupation permits are valid only for the named permittee and are nontransferable.

6.    No dwelling unit shall be built, altered, furnished or decorated for the purpose of conducting the home occupation in such a manner as to change the residential character and appearance of the dwelling, or in such a manner as to cause the dwelling unit to be recognized as a place where a home occupation is conducted.

7.    A home occupation shall be conducted entirely within the authorized dwelling unit, and the activities of such home occupation shall not be visible or noticeable outside such dwelling unit; provided, however, that a cottage food operation shall be restricted to the registered or permitted area of the home provided for by County of Los Angeles environmental health.

8.    There shall be no home occupation activities that are objectionable due to glare, dust, fumes, odor, vibration, noise or disturbance of the peace.

9.    No equipment or processes shall be utilized which create visual or audible electrical or mechanical interference in any radio or television receiver or other device outside the dwelling unit, or which cause fluctuations in the line voltage outside the dwelling unit.

10.    No use of utilities (i.e., water, gas, electricity) shall be permitted beyond that which is normal for the use of property for residential purposes.

11.    No garage, carport, accessory building or similar structure, or any area outside of the dwelling unit, shall be used in conjunction with a home occupation.

12.    No storage of goods, wares or merchandise, nor of any mechanical or construction equipment, shall be permitted on the premises of the authorized dwelling unit; provided, however, that this condition is not intended to prohibit the temporary interior storage of materials used in the operation of the home occupation so long as such storage does not create a health or safety problem or a neighborhood nuisance.

13.    No vehicles or trailers, except those normally incidental to a residential use, shall be parked so as to be visible from the public right-of-way.

14.    The permitted home occupation shall not cause, involve or result in the use of commercial vehicles for deliveries to or pickups from the dwelling unit, except during the hours of nine a.m. to five p.m.

15.    Regular use of the United States Postal Service in conjunction with the home occupation shall be done by means of a post office box.

16.    The home occupation shall not generate vehicular traffic or vehicular parking which degrades or is otherwise detrimental to the residential nature of the neighborhood and thus becomes objectionable to adjacent residents.

17.    No home occupation shall involve the use or on-site storage of chemicals, flammable materials or other hazardous materials, except as may be permitted by the Uniform Fire Code.

18.    Cottage food operations (CFO) shall meet the following additional requirements:

(a)    A CFO shall be restricted to the registered or permitted area of a premises as defined in Health and Safety Code Section 113758(b)(7) as may be amended, which provides as follows: the portion of a private home that contains the private home’s kitchen used for the preparation, packaging, storage, or handling of cottage food products and related ingredients or equipment, or both, and attached rooms within the home that are used exclusively for storage.

(b)    A CFO shall comply with the restrictions on gross annual sales as set forth in Health and Safety Code Section 113758, as may be amended.

(c)    A CFO shall obtain and maintain a registration and/or operating permit from Los Angeles County environmental health. A copy of such registration/permit must be furnished to the city within fifteen days of issuance.

(d)    Cottage food operations shall not conduct sales in an attached garage, detached accessory structure or outside of the dwelling.

(e)    If direct sales are proposed at the site of the cottage food operation, no third parties or customers shall be permitted to dine at the cottage food operation.

D.    Grounds for Revocation. In addition to the other grounds specified in this chapter, a home occupation permit may be revoked by the city council upon a finding, following a noticed hearing, that any of the following conditions exist:

1.    A change in use or the extent of the use from that specified in the original home occupation permit application and which has not been previously authorized by the tax collector;

2.    Any use that results in a violation of any provisions of subsection C of this section;

3.    Failure or refusal to permit entry onto the premises of the authorized dwelling unit to allow periodic inspections by representatives of the city at any reasonable time;

4.    Any cessation of a home occupation for a period of six consecutive months;

5.    Failure to comply with any applicable city, county, state or federal law.

(Ord. 2306 §§ 1—3, 7-23-13; Ord. 1948 § 1 (part), 5-25-93)

2.10.660 Hospital or similar business.

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

“Hospital” shall mean and include any institution, place or building licensed by the Departments of Public Health or Mental Hygiene of the state of California, which maintains and operates facilities for the diagnosis, care, and treatment of human illness, including convalescence, and including care during and after pregnancy. Hospital includes sanitarium, sanatorium, convalescent home, nursing home and maternity home.

B.    Application Information. An application for a business permit to operate a hospital shall contain the information required by Section 2.10.140.

C.    Operating Requirements. The business permit for a hospital shall be subject to the conditions determined in accordance with the procedure specified in Section 2.10.960 of this chapter.

D.    Manager Required. All hospital permittees shall employ a person on the premises to act as manager at all times during which the hospital is operating. Such manager shall be permitted pursuant to Section 2.10.050.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.670 House and street numbering.

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

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

B.    Application Information. In addition to the information required by Section 2.10.140, an application for a house and street numbering permit shall be accompanied by the following information and documents:

1.    The full name, residence address, telephone number, date of birth, social security number and driver’s license number of every person proposed to engage in house or street numbering;

2.    Two copies of a map which designates the streets and areas where such numbering is to take place;

3.    A brief description of the equipment and the brand of paint proposed to be used for such numbering;

4.    Photographic identification of all persons proposed to be engaged in such numbering;

5.    The rates proposed to be charged for such numbering, or, if not applicable, a statement that donations will be solicited;

6.    The hours during which such numbering is proposed to take place.

C.    Exemptions—Fees. A bona-fide nonprofit organization, which customarily holds regular meetings in the city, and whose membership is comprised predominantly of residents of the city, may be exempted from payment of the permit fee.

D.    Permit—Contents. Each permit issued for house and street numbering shall contain the following information:

1.    The name of the permittee;

2.    The names of all authorized painters;

3.    The rates authorized to be charged for such work, or, if not applicable, a statement that donations will be solicited.

E.    Operating Requirements:

1.    Prior Notice to Owner or Occupant. No person shall engage in house and street numbering without first notifying the owner or occupant of the residential premises at least twenty-four hours prior to such house and street numbering.

2.    Hours. No person shall engage in house and street numbering in any area of the city zoned for residential use under this code, from eight p.m. until nine a.m. of the following day.

3.    Numbering. No address number shall be painted over unless the address number is repainted with fresh paint. All numbers or markings shall be painted in a conspicuous location on the curb immediately fronting the residential premises and within the boundaries of the residential lot. No numbers shall be painted on any curb which has been marked by the city for purposes of parking regulations. Permittee shall paint numbers or markings for all residential properties within any block, regardless of whether the residential property owner or occupant pays the authorized rate or agrees to make a donation.

4.    Painting Standards. All numbers and markings shall be painted on a background of durable white reflective paint which shall be at least fifteen inches, but not more than eighteen inches, in width, and at least four inches, but not more than six inches, in height. The numbers or markings shall be black and of a size which is proportionate to the size of the background.

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

6.    Quality Inspection. If the house or street numbering done is incorrect, or of poor quality or appearance, as determined by the tax collector or any other authorized city employee, the permittee shall, upon notification and within twenty-four hours thereafter, repaint the numbering at no charge to the residential owner or occupant.

7.    Distribution of Printed Materials. The permittee may distribute printed materials notifying residential owners or occupants of the permittee’s services, subject to compliance with the following requirements:

a.    Permittee shall obtain a business license relating to the distribution of commercial handbills and pay the required business license tax therefor.

b.    The content of the printed materials advertising the permittee’s services shall be approved by the tax collector, or the tax collector’s designee, prior to their distribution. No reference shall be made, either generally or specifically, to any law enforcement agency or fire department.

c.    All printed materials advertising the permittee’s services shall be personally delivered to the residential owner or occupant, and shall not be deposited in a mail box or left on the residential premises.

d.    All printed materials advertising the permittee’s services shall set forth the telephone number at which the permittee may be contacted by a residential owner or occupant.

e.    No printed materials advertising the permittee’s services shall contain a statement to the effect that the city is affiliated with the permittee or is sponsoring, requiring or endorsing any house or street numbering services.

8.    Indemnification. Every house and street numbering permittee shall execute an indemnification agreement in the form specified by Section 2.10.240.

9.    Manager Required. All house and street numbering permittees shall employ a person on the premises to act as manager at all times during which the house and street numbering activities are conducted. Such manager shall be permitted pursuant to Section 2.10.050.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.680 Hypnotist.

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

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

2.    “Hypnotist” means one who practices hypnosis.

B.    Exemption. This section shall not apply to state licensed psychologists or physicians who engage in hypnosis as part of a professional practice.

C.    Application Information. In addition to the information required by Section 2.10.140, an application for a business permit as a hypnotist shall contain the following information:

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

2.    The applicant’s employment history for the previous five years;

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

4.    The applicant’s fingerprints;

5.    Proof that the applicant is registered with a hypnotist’s organization approved by the California Department of Education, and that the applicant is a member of at least one statewide or national organization of professional hypnotists.

D.    Operating Requirements.

1.    Insurance. Every permittee shall maintain a policy of liability insurance, pursuant to Section 2.10.240, with liability coverage in the sum of one hundred thousand dollars.

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

(Ord. 1948 § 1 (part), 5-25-93)

2.10.690 Indoor merchandising center.

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

“Indoor merchandising center” means and includes a business activity which is conducted solely within a single building or structure, and which involves five or more vendors, each of which is separated from the others and occupies a designated area not commonly having walls on all sides, a ceiling or a securable access door, and which vendors, pursuant to written leases or subleases having terms of not less than six months, engage in providing services or in the retail sale or trade of certain specified categories of goods, wares, merchandise and personal property.

B.    Application Information. In addition to the information required by Section 2.10.140, an application for a permit to conduct an indoor merchandising center shall contain the following information and documents, as may be applicable:

1.    A master floor plan for the building or structure proposed to be utilized which identifies the location and square footage of all booths or other areas to be leased or subleased to vendors, each of which booths or areas shall be not less than one hundred square feet and all of which shall be designated by consecutive numbers on the master floor plan;

2.    The form of standard lease or sublease proposed to be utilized by the applicant which shall contain, without limitation, contractual or other provisions which relate to the following:

a.    A description of the booth or other area to be leased or subleased, and, with reference to the applicant’s master floor plan, its location and assigned number,

b.    The term of the lease or sublease,

c.    The vendor’s obligations, including the following:

i.    To maintain a cash register which shall record in numerical order every sales transaction made by the vendor,

ii.    To preserve, for a period of one year, all cash register tapes on which the vendor’s sales transactions have been recorded,

iii.    To permit inspection by the tax collector, upon reasonable notice, of all cash register tapes maintained by the vendor,

iv.    To issue a sales receipt for every transaction consummated with a customer,

v.    To comply with all applicable laws and regulations relating to the collection, reporting and payment of sales taxes,

vi.    To designate the vendor’s location in the indoor merchandising center as the point of sale for any transaction which, in whole or in part, is negotiated at such location,

vii.    To transmit to the city, upon request, legible copies of the vendor’s quarterly sales tax returns as submitted to the State Board of Equalization,

viii.    To display in a conspicuous location within the vendor’s booth or other area, a current city business license and the resale permit issued by the State Board of Equalization,

ix.    To accommodate customers who return defective merchandise, unless such merchandise was sold with a written “no return or exchange” agreement,

d.    The vendor’s acknowledgment that all conditions and restrictions on the operations of the indoor merchandising center, as set forth in any conditional use permit or business permit issued to the owner or operator of the business establishment, have been read and are understood,

e.    Remedies, including immediate termination of the lease or sublease, which may be invoked by the lessor or sublessor upon the vendor’s breach or default in the performance of any obligations set forth above in subdivision (2)(c) of this subsection.

C.    Operating Requirements and Conditions.

1.    Hours of Operation. Unless otherwise authorized in any conditional use permit issued to the permittee, the business shall be operated only between the hours of seven a.m. and ten p.m.

2.    Utilization of Space for Specified Activities. Unless otherwise authorized in any conditional use permit issued to the permittee, no more than ten percent of the space within the permitted building or structure shall be used to provide services, such as check cashing, post office boxes, barber and beauty services, video rentals or legal services, and no more than five percent of the space shall be used for the sale of agricultural products, groceries or food for human consumption; provided, however, that this latter restriction shall not apply to the sale of horticultural products or to food products intended for consumption on the premises.

3.    Copies of Leases or Subleases. Permittee shall submit to the tax collector copies of all leases or subleases entered into with vendors in the indoor merchandising center.

4.    Securing of Vendors’ Inventory. Each booth or area occupied by a vendor shall be constructed in such a manner as to enable the vendor to secure all inventory within a lockable area.

5.    Security. Permittee shall provide for and maintain adequate security on the authorized premises which shall include, at a minimum, a burglar alarm, an operable public address system and a full-time security guard or patrol service which shall be approved by the chief of police.

6.    City’s Posting of Signs. Permittee shall allow the city, upon request and at the city’s sole expense, to post signs relating to the collection, reporting and payment of sales taxes in connection with transactions involving the vendors.

7.    Prohibited Transactions. Permittee shall adopt and enforce rules and regulations so as to prohibit the following transactions:

a.    The sale of alcoholic beverages;

b.    The sale of used personal property, except for coins, stamps, pins, baseball cards and other collectibles which may be authorized in advance by the tax collector;

c.    The sale of guns, ammunition and weapons;

d.    The sale of used auto parts;

e.    The sale of oil, hubcaps, wheels, batteries or tires, whether new or used.

8.    Manager Required. All indoor merchandising center permittees shall employ a person on the premises to act as manager at all times during which the indoor merchandising center is open. Such manager shall be permitted pursuant to Section 2.10.050.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.700 Junkyard, junk storage yard, salvage yard and automobile wrecking yard.

A.    General Provisions.

1.    Each of the business activities identified in the heading of this section has been determined in Section 11.21.020(E) to constitute a prohibited use and is not authorized in any zone within the city.

2.    If and to the extent that any business enterprise is conducting any business activity identified in this section as of the effective date of this chapter, and such business activity is being conducted as a legal nonconforming use and pursuant to a valid business license and business permit issued by the city, such business enterprise shall be required and entitled to obtain a business permit therefor under the provisions of this section.

3.    In no event shall any business enterprise, other than one identified above in subsection (A)(2) of this section, be issued a business permit for any business activity identified in this section during such period of time as that business activity remains a prohibited use in all zones of the city.

B.    Application Information. All applications for a business permit to conduct the business of a junkyard, junk storage yard, salvage yard or automobile wrecking yard as a legal nonconforming use shall contain the information required by Section 2.10.140.

C.    Operating Requirements and Conditions. The business permit for a junkyard, junk storage yard, salvage yard or automobile wrecking yard shall be subject to the conditions determined in accordance with the procedures specified in Section 2.10.960 of this chapter.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.710 Locksmith.

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

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

B.    Operating Requirements—State License Required. No permit shall be issued for a locksmith business unless the applicant is duly licensed as a locksmith by the state of California.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.720 Massage and massage-related establishments and massage practitioners.

A.    Findings and Purpose. The city council finds and declares as follows:

1.    The permit requirements and restrictions imposed by this section are reasonably necessary to protect the health, safety, and welfare of the residents of the city.

2.    The city is authorized, by virtue of the California Constitution, the provisions of the City Charter, and Sections 51030 et seq. of the California Government Code, to regulate massage establishments and massage practitioners by imposing reasonable standards relative to the skill and experience of massage operators and massage practitioners and reasonable conditions on the operation of massage establishments.

3.    There is a significant risk of injury to massage clients by improperly trained and/or educated massage practitioners and this section provides reasonable safeguards against injury and economic loss.

4.    There is opportunity for acts of prostitution and other unlawful sexual activity to occur in massage establishments. Courts have long recognized massage as a pervasively regulated activity and that massage establishments are often brothels in disguise. The establishment of reasonable standards for issuance of permits and restrictions on operations would serve to reduce the risk of illegal activity.

5.    The restrictions and requirements contained in this section reduce the burdens on the police department and permit the deployment of the police personnel for other matters such that more serious crimes may be prevented and other laws enforced.

6.    The regulations and restrictions contained in this section tend to discourage massage establishments from degenerating into houses of prostitution and the means utilized in this section bear a reasonable and rational relationship to the goals sought to be achieved thereby.

B.    Business Permits—Massage Establishments and Massage Services. Notwithstanding Sections 2.10.060 through 2.10.370 of this chapter, the following provisions shall apply to massage establishments and massage services in the city of South Gate.

C.    Definitions. For the purpose of this section, the following definitions shall apply:

1.    “Acupressure” means the stimulation or sedation of specific meridian points and trigger points near the surface of the body by the use or pressure applied by the acupressurist in order to prevent or modify the perception of pain or to normalize physiological functions, including pain control, in the treatment of certain diseases or dysfunctions of the body.

2.    “Acupressurist” means a person who administers acupressure.

3.    “Certificate” means a certificate, issued by a recognized school of massage, certifying completion of the required curriculum in massage training.

4.    “Chief of police” means the chief of the South Gate police department, or his or her designee.

5.    “City” means the city of South Gate.

6.    “Conviction” or “convicted” means a plea or verdict of guilty or a conviction following a plea of nolo contendere, even if subsequently dismissed or expunged pursuant to California Penal Code Section 1203.4 (or a similar statute if the conviction occurred outside of the state of California).

7.    “Director” means the director of finance for the city of South Gate or his or her designee.

8.    “Employee” means and includes every owner, partner, manager, supervisor, manager, massage practitioner, or worker who renders personal services of any nature in the operation of a massage establishment, whether or not the person is denominated an employee, independent contractor, agent or otherwise, and irrespective of whether such person is paid a salary, wage or other compensation by the operator of such business.

9.    “Gratuity” means a fee, payment, reward, donation, loan, or receipt of anything of value in return for or in anticipation of massage services.

10.    “Manager” means the person designated by the operator of the massage establishment to act as the representative and agent of the operator in managing day-to-day operations with the same liabilities and responsibilities under this section. Evidence of management includes, but is not limited to, evidence that the individual has the ability or authority to direct or hire and dismiss employees, control hours of operation, create policy or rules or to purchase supplies. A manager may also be an owner.

11.    “Massage” or “massage services” means any method of treating the external parts of the body for remedial, hygienic, relaxation or any other reason or purpose, whether by means of pressure on, friction against or stroking, kneading, tapping, pounding, vibrating, rubbing or other manner of touching external parts of the body with the hands, or with the aid of any mechanical or electrical apparatus or appliance with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, ointment or other similar preparations commonly used in this practice. Such services shall include, but are not limited to, any bath, electric or magnetic treatment, acupressure, shiatsu, reflexology, alcohol rubs, facial massager, fomentations massage, and Russian, Swedish, or Turkish baths and other similar actions.

12.    “Massage establishment” means any building or structure, or portion thereof, located within the city of South Gate, at which any person engages in, conducts, carries on, or permits to be engaged in, conducted, or carried on, massage services for any form of consideration or gratuity.

13.    “Massage practitioner” means any person who administers to another person a massage or massage services for any form of consideration or gratuity. The terms “massage therapist” and “massage technician” are included within this definition for purposes of this section. For purposes of this section, an acupressurist shall be deemed a massage practitioner. A massage practitioner may also include the owner or operator of a massage establishment if the owner or operator administers a massage or massage services for any form of gratuity.

14.    “Off-premises massage business” means a business which provides massage services at a location other than a massage establishment itself.

15.    “Operator” means all persons who have an ownership interest, in any manner whatsoever, in the massage establishment, and shall include, without limitation, corporations, and each of its officers, directors, and stockholders holding more than five percent of the stock of said corporation; partnerships, and each of its partners; limited liability companies, and each of its officers, directors, and members, as well as any other entity by which a massage establishment is operated.

16.    “Person” means any individual, firm, association, partnership, corporation, joint venture, limited liability company or partnership, entity, or combination thereof.

17.    “Person who has engaged in disqualifying conduct” means a person who:

a.    Within five years immediately preceding the date of the filing of the application in question or, in the case of revocation or suspension proceedings, within five years of the date of notice of revocation or suspension, whichever is applicable, has been convicted in a court of competent jurisdiction of any of the following:

i.    A misdemeanor or felony offense that relates directly to the operation of a massage establishment or the performance of massage services (whether as a massage establishment owner or operator, massage practitioner, or massage practitioner trainee), or

ii.    A felony, the commission of which occurred on the premises of a massage establishment;

b.    Within five years immediately preceding the date of the filing of the application in question or, in the case of revocation or suspension proceedings, within five years of the date of notice of revocation or suspension, whichever is applicable, has had denied, suspended, or revoked for cause any permit or license issued by any governmental entity for any massage establishment, operator, massage practitioner, massage technician, or massage practitioner trainee;

c.    Within five years immediately preceding the date of the filing of the application in question or, in the case of revocation or suspension proceedings, within five years of the date of notice of revocation or suspension, whichever is applicable, has been convicted in a court of competent jurisdiction of any of the following:

i.    A violation of California Penal Code Sections 220, 261, 266(e), 266(h), 266(i), 315, 316, 318, or 647(b), or when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of California Penal Code Section 415 or any lesser included or lesser related offense in satisfaction of, or as a substitute for, any of the crimes listed in this subsection,

ii.    A felony offense involving the sale of a controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057, or 11058,

iii.    Conspiracy or attempt to commit any offense listed in subsection (C)(17)(c)(i) or (C)(17)(c)(ii) of this section,

iv.    An offense in a jurisdiction outside the state of California which is the equivalent of any of the offenses specified in subsections (C)(17)(c)(i) through (C)(17)(c)(iii) of this section,

v.    Is required to register under the provisions of California Penal Code Section 290,

vi.    Has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to California Penal Code Sections 11225 through 11235 (“Red Light Abatement”) or any similar provisions of law in a jurisdiction outside of the state of California,

vii.    Has engaged in conduct which would constitute an offense described in subsection (C)(17)(a), or subsections (C)(17)(c)(i) through (C)(17)(c)(iv) of this section.

18.    “Professional Massage/Somatic Association” means an association meeting each of the following requirements:

a.    Has tax-exempt status pursuant to Section 501(c) of the Internal Revenue Code;

b.    Requires that its members meet minimum education requirements, including participation in at least five hundred classroom hours in the study of anatomy, physiology, hygiene, sanitation, massage theory and practice, and ethics of massage practices;

c.    Offers and encourages participation in continuing education programs;

d.    Has an established Code of Ethics and has enforcement procedures for the suspension and revocation of membership of persons violating the Code of Ethics; and

e.    Is open to members of the general public satisfying the requirements for membership on a national basis, and, in fact, maintains a membership which reflects substantial national participation by persons engaged in the practice of therapeutic massage and is devoted to serving the interests of its members, the public, and the profession.

19.    “Recognized school of massage” means any school or institution of learning which teaches massage instruction in anatomy, physiology, hygiene, sanitation, massage practice, ethics of massage practice, and the theory, profession, and work of massage, which school or institution of learning requires a residence course of study of not fewer than one thousand hours before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning, and which school has been approved pursuant to the laws of the state of California or, if said school is not located in the state of California, has complied with standards commensurate with those required by this section and has obtained certification under any similar state certification program. Any school or institution of learning offering or allowing correspondence course credit not requiring actual attendance at class, or courses of a massage practitioner not approved by the California Department of Education, shall not be deemed a recognized school of massage under this section.

20.    “Tax collector” means the director of finance of the city of South Gate.

D.    Massage Establishment Permit Required. It is unlawful and a misdemeanor for any person to engage in, conduct, or carry on, in or upon any premises within the city the operation of a massage establishment without first obtaining and maintaining a current and valid massage establishment permit as issued by the director of finance, upon review and approval by the city council, pursuant to the provisions of this chapter. A separate permit shall be obtained for each separate massage establishment operated by such person. This permit requirement is in addition to the requirement to (i) obtain a valid business license pursuant to Chapter 2.08; (ii) comply with all requirements for the operation of a massage establishment pursuant to Section 11.21.030, and (iii) any other approval, permit, license, or inspection pursuant to any requirement of this code.

E.    Massage Establishment Permit Application Fee. Applications for a massage establishment permit shall be accompanied by a nonrefundable fee in an amount established by resolution of the city council. The application fee shall be used to defray the costs of the investigation, report, and related application processing issues, and is not made in lieu of any other fees or taxes required under the South Gate Municipal Code.

F.    Application for Massage Establishment Permit. Applications for a massage establishment permit shall be filed with the director of finance or his or her designee on a form provided by the director. The application must be typewritten or legibly printed by hand. Illegible information will be treated as incomplete, and may therefore serve as grounds for denial of the application. The application shall be completed in its entirety and signed by the operator of the proposed massage establishment if a sole proprietorship; all general partners if the operator is a partnership; all officers and directors if the operator is a corporation; and all participants if the operator is a joint venture. The application for a massage establishment permit does not authorize the operation of a massage establishment unless and until such permit has been issued. The application shall also contain or be accompanied by the following information:

1.    The type of ownership of the proposed business, i.e., whether by individual, partnership, corporation, or otherwise.

a.    If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation and the names and residence addresses of each of its current officers and directors, and each stockholder holding more than five percent of the stock of that corporation. If one or more of the officers, directors, or stockholders is a corporation, the provisions of this section pertaining to a corporate applicant shall apply.

b.    If the applicant is a partnership, the application shall set forth the name and residence of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply.

c.    If the applicant is a limited liability company, the application shall set forth the name of the company exactly as shown in its articles of organization or operating agreement, together with the names and residence addresses of each of its officers, directors, and each member along with a description of the relative interests of each member. If one or more of the officers, directors, or members is a corporation, the provisions of this section pertaining to a corporate applicant shall apply.

2.    The proposed place of business and facilities therefor, including the complete address and all telephone numbers of the massage establishment.

3.    The precise name under which the massage establishment is to be conducted.

4.    Proof that the applicant has complied with the city’s Comprehensive Zoning Ordinance.

5.    A detailed description of the nature of the massage, bath, or health treatments to be administered and the number of persons who will perform massages or massage services at the massage establishment.

6.    Hours of operation.

7.    A complete current list of the names and residence addresses of all proposed massage practitioners and employees in the massage establishment and the name and residence addresses of the manager or managing employee proposed to be principally in charge of the operation of the massage establishment. (Modifications to the list must be submitted to the director of finance in accordance with subsection (I)(27) of this section.)

8.    The name and address of the owner and lessor of the real property upon or in which the massage establishment is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized acknowledgment from the owner of the property that a massage establishment will be located on his/her property.

9.    A description of any other business operated on the same premises, or within the city or the state of California, which is owned or operated by the applicant.

10.    The following personal information concerning the applicant and each operator:

a.    Full and complete name, and all aliases used or intended to be used by the applicant, along with complete residential address and telephone number;

b.    Current address and all previous residence addresses for five years immediately preceding the present address of the applicant;

c.    Acceptable proof that the applicant is at least eighteen years of age;

d.    Height, weight, color of hair, color of eyes, and gender of applicant, as well as a state driver’s license or identification number, date of birth, place of birth, current residential telephone number, and current business address and telephone number;

e.    A complete set of fingerprints of the applicant in a manner and form approved by the South Gate police department. Any fees for the fingerprints shall be paid by the applicant;

f.    Two front-faced, passport-size photographs of the applicant taken not more than three months preceding the date of the application. Any fees for the photographs shall be paid by the applicant;

g.    The applicant’s complete business, occupation, and employment history as to the operation of any massage establishment or similar business or occupation within five years preceding the filing of the application. Such information shall include, but shall not be limited to, the following:

i.    The complete name and address of said massage establishment or similar business or occupation, and

ii.    The complete massage permit history of the applicant, including whether the applicant has ever applied for any permit or license issued by any agency, board, city, county, territory, or state; the date of issuance of such a permit or license; whether the permit or license was denied, suspended or revoked; and the reason therefor;

h.    A list of any pending charges or proceedings or conviction of the applicant in the five years immediately preceding the date of the filing of the application for any crime or offense described in the definition of “person who has engaged in disqualifying conduct” in subsection (C)(17) of this section. The list shall include all such convictions even if dismissed or expunged pursuant to California Penal Code Section 1203.4 (or an equivalent statute if the conviction occurred outside of the state of California).

11.    Authorization for the city, its employees and agents to seek information and conduct an investigation, including, but not limited to, a records check of prior convictions, to verify the information contained within the application.

12.    Such other identification and information as the director or chief of police may require in order to discover the truth of the matters herein specified and as required to be set forth in the application.

13.    A written statement signed and dated by the applicant that he or she certifies under penalty of perjury of the laws of the state of California that all information contained in the application is true and correct.

G.    Approval or Denial of Massage Establishment Permit. All completed massage establishment permit applications shall be subject to the review and approval of the city council pursuant to Section 2.10.150 of this chapter.

1.    The director of finance shall determine whether the applicant has submitted a complete application for a massage establishment permit within five city business days of its submission. An application is complete if it has been fully and properly completed in accordance with this section and the nonrefundable fee required pursuant to subsection E of this section has been tendered. If the director determines that the applicant has not submitted a complete application, the director shall promptly notify the applicant of such fact and shall allow the applicant not more than ten days to complete the application properly. The applicant may request to withdraw the application in order to provide additional time to complete the required information. However, if the applicant withdraws the application, the review period ends, and the completed application will be processed as a new submittal.

2.    Among other things, the chief of police shall be required to check local and state summary criminal history information, including NCIC, and to certify whether disqualifying criminal history has been discovered. Accordingly, pursuant to Penal Code Sections 11105 and 13300, the city council specifically authorizes the chief of police to obtain such information as it relates to disqualifying convictions or conduct related to the crimes and offenses described in the definition of “person who has engaged in disqualifying conduct” in subsection (C)(17) of this section.

3.    Within sixty calendar days of receipt of a complete application and payment of the massage establishment permit application fee, the city council shall conduct a hearing in accordance with Section 2.10.190(B) of this chapter following the “notice and hearing” requirements of Section 2.10.190(A) of this chapter.

4.    Within thirty calendar days of the conclusion of the city council hearing conducted pursuant to subsection (G)(3) of this section, the director of finance shall issue a massage establishment permit to the applicant, unless the city council has determined that any of the following conditions exist, in which case, the application shall be denied:

a.    The applicant, or the partners, limited partners, shareholders, members, officers, or the manager of the applicant, or any such individual, is a person who has engaged in disqualifying conduct (as defined by subsection (C)(17) of this section) in the past five years;

b.    The applicant proposes to employ a person who has engaged in disqualifying conduct (as defined by subsection (C)(17) of this section) in the past five years;

c.    The applicant has made a material false, misleading, or fraudulent statement or omission of fact to the city in the permit application process or in connection with any report or statement required to be filed with the city tax collector or the city council;

d.    The building, structure, premises or the equipment used to conduct the massage establishment fails to comply with all applicable health, zoning, fire, building and safety laws of the state of California or the city of South Gate; provided, however, that this subsection shall not be construed to require that the applicant actually be in compliance with such laws at the time set for review and approval. The city council may approve a massage establishment permit, and the director may issue a massage establishment permit, and condition its operative date upon the later submission by the applicant to the director of a certificate of occupancy issued by the city’s department of building and safety or other satisfactory evidence that the massage establishment is then in compliance with all applicable laws;

e.    The business is prohibited by any local, state, or federal law, statute, rule, or regulation, or is prohibited in the particular location or zone by any ordinance, statute, rule, or regulation;

f.    The applicant has violated any provision of this chapter, or any similar ordinance, law, rule, or regulation of any public agency or governmental entity that regulates the operation of massage establishments;

g.    The existence of any outstanding warrants for the applicant’s arrest, issued by any federal court or the court of any state; or

h.    The applicant is less than eighteen years of age.

H.    Term of Massage Establishment Permit.

1.    A massage establishment permit shall be valid for a period of one year from the date of issuance.

2.    Renewal applications shall be submitted and shall contain all information in accordance with subsection F of this section, and shall be accompanied by a nonrefundable fee in an amount established by resolution of the city council.

3.    Applications for the renewal of a massage establishment permit shall be filed with the director of finance no later than ninety days prior to the expiration of the permit to prevent a lapse of the permit. No temporary permits shall be issued as a result of an applicant’s failure to timely file a renewal application.

4.    The review, approval, and issuance or denial of a renewal application shall be made in the same manner as for an original application pursuant to subsection F of this section. A renewal application may also be denied on the grounds that the applicant has failed to comply with any permit conditions or other requirements of this chapter.

I.    Massage Establishment Facilities and Operational Requirements. All massage establishments shall comply with the following facilities and operational requirements:

1.    Massage establishments shall comply with all applicable ordinances, laws, rules, and regulations;

2.    No massage establishment shall operate or conduct business between the hours of eight p.m. and ten a.m. of the succeeding day;

3.    No massage establishment or any portion of a building in which the massage establishment is located shall be used for residential or sleeping purposes;

4.    Massage establishments shall at all times the establishment is open, have a responsible person acting as manager on the premises who has been issued and is maintaining a valid and current massage establishment manager permit (pursuant to subsection DD of this section). The manager must be familiar with the requirements of this section (and each of its subsections), and be capable of communicating the provisions of this section to employees and patrons of the establishment. All permitted managers must be capable of effectively communicating with any city official, employees, and patrons of the establishment;

5.    No massage establishment shall open for business without having at least one massage practitioner holding a current and valid massage practitioner permit issued by the city on the premises, and on duty, at all times when the establishment is open;

6.    The exterior door (main entrance) of a massage establishment and any doors separating the waiting or reception area from the remainder of the premises shall remain unlocked during business hours. Electronic locking devices shall not be used;

7.    No massage establishment shall be equipped with any electronic, mechanical, or artificial device used, or capable of being used, for recording, videotaping, or monitoring activities, conversation, or other sounds in the rooms or areas which are used for the administration of massage services, baths, or health treatments;

8.    Minimum ventilation shall be provided in accordance with the applicable building code of the city. To allow for adequate ventilation in cubicles, rooms, and areas provided for patrons’ use, which are not serviced directly by required window or mechanical systems of ventilation, partitions shall be constructed so that the height of the partition does not exceed seventy-five percent of the floor-to-ceiling height of the area in which they are located;

9.    All plumbing and electrical installations shall be installed under permit and inspection of the building and safety department, and such installations shall be installed in accordance with the applicable city building code, plumbing code, electrical code and other applicable codes;

10.    Provide at least one artificial light of not less than sixty-watt bulb, or equivalent light, installed in accordance with the city’s building and electrical codes, directly above any work table or booth where massage services are being performed on a patron. Said light source may not be controlled by any light switch located exterior to the room in which the light is located, other than by the master circuit breaker;

11.    A minimum of one of each of the following items shall be provided in every massage establishment for each patron to be served at any one time: tub or shower; toilet; wash basin; and a dressing room containing a separate locker capable of being locked. If male and female patrons are to be served simultaneously at the massage establishment, the following shall also be provided: separate bathing rooms; separate treatment rooms; separate dressing rooms; and separate toilet facilities;

12.    The walls in all rooms where water or steam baths are given shall have a washable, mold-resistant surface;

13.    All lavatories or wash basins shall be provided with hot and cold running water, soap, and single-service towels in wall-mounted dispensers;

14.    Clean and sanitary towels, sheets, and linens shall be provided in sufficient quantity. Towels, sheets, and linens shall not be used by more than one person unless same has first been laundered. 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;

15.    Separate, closed cabinets or other covered space shall be provided for the storage of clean and soiled linen, and shall be plainly marked “clean linen” and “soiled linen.” Approved receptacles shall also be provided for the storage of paper towels;

16.    All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other physical facilities including appliances and apparatuses for the establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments and toilet rooms shall be thoroughly cleaned and disinfected each day the business is in operation. Bathtubs shall be thoroughly cleaned and disinfected after each use;

17.    Disinfecting agents and sterilizing equipment shall be provided for any instruments used in performing any massage and said instruments shall be disinfected and sterilized after each use;

18.    Pads used on massage tables shall be covered with durable, washable plastic or other acceptable waterproof material;

19.    Security deposit facilities capable of being locked by the patron or a security bag that may be carried by the patron shall be available for the protection of the valuables of the patrons;

20.    No massage services shall be performed within any cubicle, room, booth, or other area which is fitted with a door capable of being locked;

21.    Each room to be used for the administration of massage services shall have a view window installed. This window shall be made of clear glass, located at least five feet above the floor and shall be a minimum of twelve inches by twelve inches. All view windows shall be kept clear of obscuring materials of any type at all times;

22.    No hooks, nails, or other materials which allow for the hanging of articles of clothing or other view obscuring materials may be installed on the doors of rooms to be used for the administration of massage services, baths, or health treatments;

23.    Tinted or one-way glass shall not be installed in any room or office in the massage establishment;

24.    Each service offered, the price thereof, and the minimum length of time such service shall be performed shall be posted in a conspicuous public location within each massage establishment. All letters and numbers shall be capitals not less than one inch in height;

a.    No services shall be performed and no sums shall be charged for such services other than those posted,

b.    Arrangements shall be made and payment shall be made and received for all massage services prior to the performance of any service,

c.    All arrangements for services to be performed shall be made in a room in the massage establishment which is not used for the administration of massage services, baths, or health treatments, such as a reception area,

d.    All payments for services to be performed shall be made in a room in the massage establishment which is not used for the administration of massage services, baths, or health treatments, such as a reception area,

e.    No massage practitioner or massage practitioner trainee shall solicit or offer to perform for any patron any additional service after such massage practitioner or massage practitioner trainee has commenced the performance of any service for such patron,

f.    No massage practitioner or massage practitioner trainee shall, after the commencement of any massage services for any patron, advise, suggest, or otherwise indicate to such patron that any additional service is available, or ask or inquire of such patron whether such patron desires any additional service to be performed. No massage practitioner or massage practitioner trainee shall perform any service for any patron which was not ordered by such patron prior to the commencement of performance of any service rendered,

g.    No massage practitioner or massage practitioner trainee shall solicit any form of gratuity or pay from any patron for any services rendered, nor shall any massage practitioner or massage practitioner trainee accept any form of gratuity or pay directly from any patron;

25.    Each massage establishment shall maintain a record of the date, time, and place of each massage service performed; the true name of the massage practitioner administering the massage service (no nicknames or aliases may be used for purposes of this record); and the type of massage administered. Such records shall be maintained at the massage establishment and shall be available for inspection pursuant to subsection N of this section by city employees charged with the enforcement of this title and/or chapter. Such records shall be maintained at the massage establishment for a minimum of two years. Copies of such records shall be provided to the chief of police within seven calendar days of any request for such records by a city official;

26.    Each massage establishment shall maintain a current record of all massage practitioners employed at the establishment or otherwise using the facilities. The record shall contain the true name and aliases used by the massage practitioners, their age, date of birth, height, weight, color of hair and eyes, home address and phone number, a clear and legible copy of their social security card, a clear and legible copy of a state-issued driver’s license or identification card, job title and job description, and the date of employment and termination. All records, including inactive records, shall be maintained at the massage establishment and shall be available for inspection pursuant to subsection N of this section by city employees charged with the enforcement of this title and/or chapter. Such records shall be maintained at the massage establishment for a minimum of two years. Copies of such records shall be provided to the chief of police within seven calendar days of any request for such records by a city official;

27.    Within seven days of approval of a massage establishment permit, each massage establishment shall submit to the director of finance a complete written list containing the following information regarding the employees of the massage establishment: name of employee, aliases used by employee, permit number (if applicable), date of hire, driver’s license or California Identification Card number, date of birth, and job title and description. Each massage establishment shall submit in writing to the director of finance any modified information within forty-eight hours of the modification of employment status, job title, and/or job description;

28.    No alcoholic beverages shall be sold, served, furnished, kept, or possessed on the premises of any massage establishment;

29.    No massage establishment shall operate as a school of massage or use the same facilities as those of a school of massage;

30.    No massage establishment shall place, publish, or distribute or cause to be placed, published, or distributed, any advertising matter that would reasonably suggest to a prospective patron that any service is available other than those services permitted by this section. No massage establishment shall use language or graphics in such advertising that would reasonably suggest to a prospective patron that any service is available other than those services permitted by this section;

31.    To protect the patrons from potential health and sanitary hazards, all employees, massage practitioners and massage practitioner trainees shall be clean when performing massage services, and all outer garments worn by persons performing massage services shall be clean and nontransparent. These garments shall be of a fully opaque material and shall provide complete covering of the genitals, genital area, buttocks, and breasts, and, at a minimum, shall not expose the massage practitioner’s undergarments or bare midriff, and shall comply with the following requirements:

a.    Upper Garments. All garments covering the upper torso (e.g., shirts and dresses) shall have sleeves not less than two inches in length, measuring from the top of the shoulder, and necklines no lower than two inches below the clavicle,

b.    Skirts. Hems of dresses, skirts, smocks, or other similar garments shall not be more than two inches above the top of the knee,

c.    Shorts. Cuffs or hems of shorts, culottes, pants or other similar garments shall not be more than six inches above the top of the knee;

32.    To protect the patrons from potential health and sanitary hazards, each massage establishment shall provide to all patrons clean, sanitary, and opaque coverings capable of covering the patron’s genitals, pubic region, buttocks, anus, private parts, or female breasts below a point immediately above the areolas. Such covering shall not be used by more than one person unless same has first been laundered and cleaned;

33.    No massage practitioner or massage practitioner trainee shall, in the course of administering any massage service, bath, or health treatment, expose his or her genitals, pubic region, buttocks, anus, private parts, or female breasts below a point immediately above the areolas. No massage practitioner or massage practitioner trainee shall, in the course of administering any massage service, bath, or health treatment, make physical contact with the genitals, pubic region, buttocks, anus, private parts, or female breasts below a point immediately above the areolas of any other person. No massage practitioner or massage practitioner trainee shall allow any person in the course of receiving any massage, bath, or health treatment, to expose to the view of other persons his or her genitals, pubic region, buttocks, anus, private parts, or female breasts below a point immediately above the areolas.

J.    Business Name. No person granted a permit pursuant to this section shall use any name or conduct business under any designation not specified in his or her permit.

K.    Business Location Change. Upon a change of location of a massage establishment, an application shall be made to the director of finance, and such application shall be granted, provided all applicable provisions of the South Gate Municipal Code (including the Comprehensive Zoning Ordinance) are complied with, and a change of location fee in an amount established by city council resolution to defray the costs of investigation and report has been paid to the city.

L.    Sale or Transfer of Massage Establishment Interest.

1.    No holder of a massage establishment permit shall transfer or assign any ownership interest in a massage establishment to any other person or entity. No massage establishment permit issued pursuant to the provisions of this section shall be transferable to any other person or entity.

a.    For purposes of this subsection, “ownership interest” shall include any interest in a business that qualify the holder of that interest to be an “operator” as defined in subsection (C)(15) of this section.

2.    Any attempt by a holder of a massage establishment permit to transfer an ownership interest in the massage establishment in violation of this chapter shall render the permit to be revocable. Any attempt to transfer a massage establishment permit, either directly or indirectly, in violation of this chapter is declared void, and the permit shall be revocable.

M.    Display of Permits. The owner or operator of a massage establishment shall display the massage establishment permit issued for such establishment, and the massage practitioner permit for each and every massage practitioner or massage practitioner trainee employed in such establishment, in an open and conspicuous place on the premises. Passport-size photographs of the permittee shall be affixed to the respective permit on display pursuant to this section. Home addresses of massage practitioners and trainees, or of the operator of the massage establishment, need not be displayed.

N.    Inspections. Any and all investigating officials of the city shall have the right to enter massage establishments during regular business hours to make reasonable inspections to observe and enforce compliance with building, fire, electrical, plumbing, or health regulations, and to ascertain whether there is compliance with the provisions of Title 2 of the South Gate Municipal Code. The city’s right to conduct inspections pursuant to this section shall include the right to inspect and request photocopies of all records required to be prepared and retained by a massage establishment.

O.    Conditions. The facilities and operational requirements of this section shall be deemed conditions of massage establishment permit approvals. Failure to comply with each and every such requirement shall be grounds for suspension or revocation of a massage establishment permit, or for a denial of a renewal application for a massage establishment permit.

P.    Massage Practitioner and Massage Practitioner Trainee Permit Required. It shall be unlawful and a misdemeanor for any person to act as a massage practitioner or massage practitioner trainee without first obtaining and maintaining a current and valid massage practitioner permit as issued by the director of finance pursuant to this section.

Q.    Massage Practitioner Application Fee.

1.    Applications for a massage practitioner and/or massage practitioner trainee permit shall be accompanied by a nonrefundable fee in an amount established by resolution of the city council. The application fee shall be used to defray the costs of the investigation, report, and related application processing issues, and is not made in lieu of any other fees or taxes required under the South Gate Municipal Code.

2.    Any holder of a massage establishment permit who desires to operate as a massage practitioner at said establishment shall not be required to pay the fee required by subsection (Q)(1) of this section, however, shall be required to file an application with all of the information required pursuant to subsection R of this section, and to obtain a massage practitioner permit and identification card as issued by the director of finance and/or chief of police. This subsection does not relieve the applicant of any obligation or requirement pursuant to this chapter other than the payment of the fee required by subsection (Q)(1) of this section.

R.    Application for Massage Practitioner Permit. Applications for a massage practitioner permit shall be filed with the director of finance or his or her designee on a form provided by the director. The application must be typewritten or legibly printed by hand. Illegible information will be treated as incomplete, and may therefore serve as grounds for denial of the application. The application shall be completed in its entirety and signed by the applicant. The application for a massage practitioner permit does not authorize the applicant to perform massage services unless and until such permit has been issued. The application shall also contain or be accompanied by the following information:

1.    A statement of the exact location at which the applicant will be working as a massage practitioner, including the full street address and all telephone numbers associated with said location. The name of the owner and/or operator of the massage establishment shall also be provided;

2.    The following personal information concerning the applicant:

a.    Full and complete name, and all aliases used or intended to be used by the applicant, along with complete residential address and telephone number,

b.    Current address and all previous residence addresses for five years immediately preceding the present address of the applicant,

c.    Acceptable proof that the applicant is at least eighteen years of age,

d.    Height, weight, color of hair, color of eyes, and gender of applicant, as well as a state driver’s license or identification number, date of birth, place of birth, current residential telephone number, and current business address and telephone number,

e.    A complete set of fingerprints of the applicant in a manner and form approved by the South Gate police department. Any fees for the fingerprints shall be paid by the applicant,

f.    Two front-faced, passport-size photographs of the applicant taken not more than three months preceding the date of the application. Any fees for the photographs shall be paid by the applicant,

g.    The applicant’s complete business, occupation, and employment history as to the operation of any massage establishment or similar business or occupation within five years preceding the filing of the application. Such information shall include, but shall not be limited to, the following:

i.    The complete name and address of said massage establishment or similar business or occupation, and

ii.    The complete massage permit history of the applicant, including whether the applicant has ever applied for any permit or license issued by any agency, board, city, county, territory, or state; the date of issuance of such a permit or license; whether the permit or license was denied, suspended or revoked; and the reason therefor,

h.    A list of any pending charges or proceedings or conviction of the applicant in the five years immediately preceding the date of the filing of the application for any crime or offense described in the definition of “person who has engaged in disqualifying conduct” in subsection (C)(17) of this section. The list shall include all such convictions even if dismissed or expunged pursuant to California Penal Code Section 1203.4 (or an equivalent statute if the conviction occurred outside of the state of California),

i.    Proof of current membership in a Professional Massage/Somatic Association,

j.    The name and address of the recognized school of massage attended, the dates attended, and a copy of the diploma or certificate of graduation awarded the applicant showing the applicant has completed no fewer than one thousand hours of nonrepetitive instruction. All applicants may be required to furnish additional evidence of enrollment and attendance of the required class hours, as well as school curriculum,

k.    Certificate from a medical doctor stating that the applicant has, within thirty days immediately prior to the filing of the application, been examined and found to be free from any contagious or communicable disease capable of being transmitted to the public or to fellow employees by the type of conduct and interaction with fellow employees and the public involved in the performance of the job of massage practitioner. Pursuant to California Health and Safety Code Section 199.20, and unless otherwise required by state or federal law, nothing in this section shall require any testing or disclosure as to whether the applicant is infected with the human immunodeficiency virus (HIV),

l.    Satisfactory proof that the applicant has qualified for, taken, and passed the National Certification Examination for Therapeutic Massage and Bodywork (NCETMB) given by the National Certification Board for Therapeutic Massage and Bodywork (NCBTMB). An applicant taking the NCETMB shall be subject to the requirements, rules, and regulations of the NCMTMB associated with the taking of the examination, however, this shall not exempt the applicant from completing the educational requirements of subsection (R)(2)(j) of this section prior to being issued a massage practitioner or massage practitioner trainee permit in the city;

3.    Authorization for the city, its employees and agents to seek information and conduct an investigation, including, but not limited to, a records check of prior convictions, to verify the information contained within the application;

4.    Such other identification and information as the director of finance and/or chief of police may require in order to discover the truth of the matters herein specified and as required to be set forth in the application; and

5.    A written statement signed and dated by the applicant that he or she certifies under penalty of perjury of the laws of the state of California that all information contained in the application is true and correct.

S.    Approval or Denial of Massage Practitioner Permit.

1.    The director of finance shall determine whether the applicant has submitted a complete application for a massage practitioner or massage practitioner trainee permit within five city business days of its submission. An application is complete if it has been fully and properly completed in accordance with this section and the nonrefundable fee required pursuant to subsection Q of this section has been tendered. If the director determines that the applicant has not submitted a complete application, the director shall promptly notify the applicant of such fact and shall allow the applicant not more than ten days to complete the application properly. The applicant may request to withdraw the application in order to provide additional time to complete the required information. However, if the applicant withdraws the application, the review period ends, and the completed application will be processed as a new submittal.

2.    Upon receipt of a complete application and payment of the massage practitioner permit application fee, the director and/or the chief of police shall conduct an investigation as to whether cause for denial exists pursuant to subsection (S)(3) of this section. Among other things, the chief of police shall be required to check local and state summary criminal history information, including NCIC, and to certify whether disqualifying criminal history has been discovered. Accordingly, pursuant to Penal Code Sections 11105 and 13300, the city council specifically authorizes the chief of police to obtain such information as it relates to disqualifying convictions or conduct related to the crimes and offenses described in the definition of “person who has engaged in disqualifying conduct” in subsection (C)(17) of this section.

3.    The director of finance shall, within ninety days of the filing of a complete application, approve and issue a massage practitioner or massage practitioner trainee permit to the applicant, unless he or she determines that any of the following conditions exist, in which case, the application shall be denied:

a.    The applicant is a person who has engaged in disqualifying conduct (as defined by subsection (C)(17) of this section) in the past five years;

b.    The applicant has made a material false, misleading, or fraudulent statement or omission of fact to the city in the permit application process;

c.    The massage practitioner or massage practitioner trainee permit is to be used for performing in a business prohibited by state or local law;

d.    The massage practitioner permit is to be used at a massage establishment or other business that does not comply with all applicable laws, including, but not limited to, building, health, zoning, and fire regulations, requirements, and standards;

e.    The applicant has violated any provision of this chapter, or any similar ordinance, law, rule, or regulation of any public agency or governmental entity that regulates the operation of massage establishments;

f.    The applicant has failed to submit proof of current membership in a Professional Massage/Somatic Association;

g.    The applicant has failed to submit proof that the applicant meets the training requirements described in subsection (R)(2)(j) of this section;

h.    The applicant has failed to furnish an appropriate medical doctor’s certificate as required by subsection (R)(2)(k) of this section;

i.    The existence of any outstanding warrants for the applicant’s arrest, issued by any federal court or the court of any state; or

j.    The applicant is less than eighteen years of age.

T.    Term of Massage Practitioner Permit.

1.    A massage practitioner permit shall be valid for a period of one year from the date of issuance.

2.    Renewal applications for a massage practitioner permit shall be filed and shall contain all information in accordance with subsection R of this section, and shall be accompanied by a nonrefundable fee in an amount established by resolution of the city council.

a.    Applications for the renewal of a massage practitioner permit shall be filed with the director of finance no later than ninety days prior to the expiration of the permit to prevent a lapse of the permit. No temporary permits shall be issued as a result of an applicant’s failure to timely file a renewal application.

b.    The review, approval, and issuance, or denial of a renewal application for a massage practitioner permit shall be made in the same manner as for an original application pursuant to subsection S of this section. A renewal application may also be denied on the grounds that the applicant has failed to comply with any permit conditions or other requirements of this chapter.

U.    Massage Practitioner Regulations. All massage practitioners and massage practitioner trainees shall comply with the following conditions and regulations:

1.    Massage practitioners and massage practitioner trainees shall comply with all applicable ordinances, laws, rules, and regulations;

2.    No massage practitioner or massage practitioner trainee permitted pursuant to this section may conduct any massage or massage services in any location other than the location specified on the permit;

3.    No massage services shall be performed within any cubicle, room, booth, or other area which is fitted with a door capable of being locked;

4.    No massage services shall be performed and no gratuity or fee shall be charged for such services other than those posted in compliance with subsection (I)(24) of this section;

5.    Arrangements shall be made and payment shall be made and received for all massage services prior to the performance of any service;

6.    All arrangements for services to be performed shall be made in a room in the massage establishment which is not used for administration of massage services, baths, or health treatments, such as a reception area;

7.    All payments for services to be performed shall be made in a room in the massage establishment which is not used for administration of massage services, baths, or health treatments, such as a reception area;

8.    No massage practitioner, or trainee, shall solicit or offer to perform for any patron any additional service after such massage practitioner or trainee has commenced the performance of any service for such patron;

9.    No massage practitioner or trainee shall, after the commencement of any massage services for any patron, advise, suggest, or otherwise indicate to such patron that any additional service is available, or ask or inquire of such patron whether such patron desires any additional service to be performed. No massage practitioner or trainee shall perform any service for any patron which was not ordered by such patron prior to the commencement of performance of any service rendered;

10.    No massage practitioner or massage practitioner trainee shall solicit any form of gratuity or pay from any patron for any services rendered, nor shall any massage practitioner or massage practitioner trainee accept any form of gratuity or pay directly from any patron;

11.    To protect the patrons from potential health and sanitary hazards, all employees, massage practitioners and massage practitioner trainees shall be clean when performing massage services, and all outer garments worn by persons performing massage services shall be clean and nontransparent. These garments shall be of a fully opaque material and shall provide complete covering of the genitals, genital area, buttocks, and breasts, and, at a minimum, shall not expose the massage practitioner’s undergarments or bare midriff, and shall comply with the following requirements:

a.    Upper Garments. All garments covering the upper torso (e.g., shirts and dresses) shall have sleeves not less than two inches in length, measuring from the top of the shoulder, and necklines no lower than two inches below the clavicle,

b.    Skirts. Hems of dresses, skirts, smocks, or other similar garments shall not be more than two inches above the top of the knee,

c.    Shorts. Cuffs or hems of shorts, culottes, pants or other similar garments shall not be more than six inches above the top of the knee;

12.    No massage practitioner or massage practitioner trainee shall massage or touch any patron unless the person’s genitals, pubic region, buttocks, anus, private parts, and female breasts below a point immediately above the areolas are fully covered at all times while the massage practitioner or massage practitioner trainee is present in the same room as the patron;

13.    No massage practitioner or massage practitioner trainee shall, in the course of administering any massage service, bath, or health treatment, expose his or her genitals, pubic region, buttocks, anus, private parts, or female breasts below a point immediately above the areolas. No massage practitioner or massage practitioner trainee shall, in the course of administering any massage service, bath, or health treatment, make physical contact with the genitals, pubic region, buttocks, anus, private parts, or female breasts below a point immediately above the areolas of any other person. No massage practitioner or massage practitioner trainee shall allow any person in the course of receiving any massage, bath, or health treatment, to expose to the view of other persons his or her genitals, pubic region, buttocks, anus, private parts, or female breasts below a point immediately above the areolas.

V.    Application for Massage Practitioner Trainee Permit—Regulations.

1.    Applications for a massage practitioner trainee permit shall be filed with the director of finance or his or her designee on a form provided by the director and shall contain all information in accordance with subsection R of this section (with the exception of the information required pursuant to subsections (R)(2)(j) and (R)(l) of this section). Additionally, the application shall contain the following information:

a.    Written proof that the applicant is currently enrolled in a recognized school of massage; the date such applicant enrolled in such school; the expected date of graduation; that the applicant has completed at least fifty hours of instruction; and the date this instruction was completed, and

b.    A letter signed by the owner or operator of a massage establishment that has been issued a permit by the city pursuant to this section stating his or her immediate intent to employ the applicant to perform massage as a trainee working under the direct supervision and control of a massage practitioner who has been issued a permit by the city pursuant to this section;

2.    The review, approval, and issuance, or denial of an application for a massage practitioner trainee permit shall be conducted in the same manner as for an application for a massage practitioner permit pursuant to subsection S of this section. An application for a massage practitioner trainee permit may also be denied on the following ground:

a.    The applicant fails to demonstrate adequate training and education as required by subsections (V)(1)(a) and (V)(1)(b) of this section;

3.    A massage practitioner trainee permit shall allow the holder of the permit to work in a massage establishment under the supervision and direction of and in the immediate presence of a massage practitioner who has received a permit issued pursuant to the provisions of this section; provided, however, that no massage practitioner who has been issued a permit pursuant to the provisions of this section shall be permitted to supervise more than two persons who have been issued a massage practitioner trainee permit.

W.    Term of Massage Practitioner Trainee Permit.

1.    A massage practitioner trainee permit shall be valid for a period of ninety days from the date of issuance.

2.    A massage practitioner trainee permit may not be renewed unless the director of finance determines that the following grounds exist, in which case, the permit may only be renewed once:

1.    Where good cause is shown to the director by the applicant for such renewal. Good cause shall include, but shall not be limited to, physical illness or disability which has prevented the applicant from pursuing the course of education, as evidenced by a certificate from a medical doctor;

2.    Where the applicant for such renewal has completed not less than one hundred hours of instruction from a recognized school of massage during the effective period of the original massage practitioner trainee permit and desires to complete additional hours of instruction to enable the applicant to obtain a diploma or certificate of graduation from such school.

X.    Massage Practitioner Identification Card.

1.    It shall be unlawful and a misdemeanor for any person to act as a massage practitioner or massage practitioner trainee without first obtaining and maintaining a current and valid massage practitioner identification card as issued by the director of finance pursuant to the provisions of this chapter. Each massage practitioner and trainee shall wear said identification card on the front exterior portion of the massage practitioner’s clothing/uniform above the waistline, such as to be visible to all patrons and city officials or police officers, at all times while on the premises of the massage establishment and while acting as a massage practitioner or trainee.

2.    Upon approval of a massage practitioner and/or massage practitioner trainee permit, the director of finance shall issue a massage practitioner or massage practitioner trainee identification card to the applicant. The identification card shall contain a photograph of the permittee on the front of the card, along with the permittee’s name and the name of the massage establishment for which the massage practitioner has been approved. The identification card shall also contain the permittee’s permit number and the date of expiration. A massage practitioner identification card shall be valid for a period of one year, to correspond with the period of validity of the corresponding massage practitioner permit. A massage practitioner trainee identification card shall be valid for a period of ninety days, to correspond with the period of validity of the corresponding massage practitioner trainee permit.

3.    Each massage practitioner or massage practitioner trainee shall immediately surrender to the director of finance any identification card issued to him or her upon suspension, revocation, or expiration of said permit, or upon leaving employment as a massage practitioner or massage practitioner trainee at the massage establishment specified in the permit.

Y.    Transfer of Massage Practitioner Permit or Identification Card. No permit or identification card issued to a massage practitioner or massage practitioner trainee pursuant to the provisions of this section shall be transferable to any other person. However, a massage establishment may be changed or added to the massage practitioner permit or identification card upon prior written notice to the director of finance on a form provided by the director of finance, the payment of a nonrefundable transfer fee (in an amount established by resolution of the city council), and confirmation that the proposed massage establishment is in compliance with all applicable laws and regulations (including the city’s Comprehensive Zoning Ordinance).

Z.    Suspension or Revocation of Massage Establishment Permit. Any permit issued for the operation of a massage establishment may be conditioned, modified, suspended, or revoked by the city council pursuant to this section, and in accordance with Sections 2.10.280 through 2.10.330 of this chapter. In addition to the grounds outlined in Sections 2.10.310(B) and 2.10.330(A) of this chapter, a massage establishment permit may be conditioned, modified, suspended, or revoked where the city council finds that the following conditions exist:

1.    The permit holder or operator has violated any of the provisions, requirements, or regulations of this chapter, or has caused, permitted, encouraged, or condoned the commission of any act in violation of the provisions, requirements, or regulations of this chapter by an employee of the massage establishment;

2.    The permit holder or operator is a person who has engaged in disqualifying conduct;

3.    The permit holder or operator has made a material false, misleading, or fraudulent statement or omission of fact to the city, or engaged in fraud, while conducting the massage establishment;

4.    The permit holder or operator has allowed a person to perform as a massage practitioner or massage practitioner trainee who:

a.    Does not have a current and valid massage practitioner permit and/or identification card, or

b.    Has engaged in disqualifying conduct;

5.    The permit holder has committed, or caused, permitted, encouraged, or condoned the commission of, any lewd or immoral act or any act of prostitution, or other disqualifying conduct;

6.    The massage establishment 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;

7.    The permit holder or operator has continued to operate the massage establishment after the permit has been suspended.

AA.    Suspension or Revocation of Massage Practitioner or Massage Practitioner Trainee Permit.

1.    The director of finance shall suspend or revoke a massage practitioner or massage practitioner trainee permit upon his or her determination that any of the following conditions exist:

a.    The permit holder has violated any of the provisions, requirements, or regulations of this chapter;

b.    The permit holder is a person who has engaged in disqualifying conduct;

c.    The permit holder has made a material false, misleading, or fraudulent statement or omission of fact to the city, or engaged in fraud, while operating as a massage practitioner or massage practitioner trainee;

d.    The massage establishment for which the massage practitioner or massage practitioner trainee has been approved is not in compliance with the provisions, requirements, or regulations of this section or of the city’s Comprehensive Zoning Ordinance;

e.    The permit holder has continued to operate as a massage practitioner or massage practitioner trainee after the permit has been suspended.

BB.    Appeals.

1.    Any decision of the director to deny, suspend, or revoke a massage practitioner or massage practitioner trainee, or a massage establishment manager permit, pursuant to the provisions of this section may be appealed in accordance with the provisions of and procedures in Sections 2.10.340 through 2.10.360 of this chapter. Notices of appeal filed with the city pursuant to this subsection shall be accompanied by a nonrefundable fee in an amount established by resolution of the city council. Failure to timely file a notice of appeal and to tender the nonrefundable fee shall be deemed a waiver of an applicant’s right of appeal.

2.    Within thirty calendar days of the conclusion of the appeal hearing before the city council, the city council shall render its opinion in writing, stating its findings and the action taken, if any. The decision shall be mailed, postage prepaid to the holder of the permit at the last known address, or delivered personally.

CC.    Decisions of City Council. All decisions rendered by the city council pursuant to the provisions of this section shall be final. All time limits for judicial review of any final decision shall be governed by Section 1094.6 of the California Code of Civil Procedure.

DD.    Massage Establishment Manager Permit.

1.    It shall be unlawful and a misdemeanor for any person to act as a manager of a massage establishment in the city (in accordance with subsection (I)(4) of this section) without first obtaining and maintaining a current and valid massage establishment manager permit as issued by the director of finance.

2.    Applications for a massage establishment manager permit shall be filed with the director of finance on a form provided by the director and shall contain all information in accordance with subsection R of this section, and shall be accompanied by a nonrefundable fee in an amount established by resolution of the city council.

3.    The review, approval, and issuance, or denial of an application for a massage establishment manager permit shall be conducted in the same manner as for an application for a massage practitioner pursuant to subsection S of this section, with the exception that an application for a massage establishment manager permit shall not be denied due to the applicant’s failure to comply with the membership requirement (pursuant to subsection (S)(3)(f) of this section), education requirement (pursuant to subsection (S)(3)(g) of this section), or medical clearance requirement (pursuant to subsection (S)(3)(h) of this section).

EE.    Employment of Nonpermitted Massage Practitioners and Massage Practitioner Trainees.

1.    It shall be unlawful and a misdemeanor for any operator of a massage establishment and/or for an on-duty manager to employ, utilize, engage, direct, or allow any person to conduct a massage or massage services who has not first obtained and is maintaining a current and valid massage practitioner permit or massage practitioner trainee permit as issued by the director of finance.

2.    An operator and/or on-duty manager of a massage establishment shall be responsible for the conduct of all employees or agents of the massage establishment while the employees or agents are on the premises of the massage establishment. Any act or omission of any employee or agent constituting a violation of the provisions, regulations, or requirements of this section shall be deemed the act or omission of the operator and/or on-duty manager for purposes of determining whether the massage establishment permit shall be suspended, revoked, denied, or renewed.

FF.    Massage Services to Members of Opposite Sex.

1.    No massage practitioner or massage practitioner trainee shall perform any massage or massage services as regulated by this chapter to a person of the opposite sex.

2.    An operator and/or on-duty manager of a massage establishment shall not allow, direct, condone, suffer, or permit any massage practitioner or massage practitioner trainee to perform any massage or massage services as regulated by this chapter to a person of the opposite sex.

GG.    Reapplication After Denial or Revocation.

1.    An applicant for a permit regulated by the provisions of this section whose application for such permit has been denied may not reapply for such permit for a period of five years from the date such notice of denial was issued. However, a reapplication prior to the termination of the five years, however, in no less than twelve months, may be made if accompanied by evidence that the ground or grounds for denial of the application no longer exist.

2.    A holder of a permit regulated by the provisions of this section whose permit has been canceled, revoked, or invalidated may not reapply for such permit for a period of five years from the date such revocation, cancellation, or invalidation became final. However, a reapplication prior to the termination of the five years, however, in no less than twelve months, may be made if accompanied by evidence that the ground or grounds for denial of the application no longer exist.

HH.    Bond. Any person issued a massage establishment permit pursuant to the provisions of this section shall file a bond within ten days of the issuance of said permit, with the director of finance in the principal sum of ten thousand dollars, executed by a corporate surety in good standing and authorized to do business in the state of California, which bond has been approved by the city attorney. Such bond shall be a guarantee of indemnity for any loss suffered by any person which is proximately caused by any act of the permit holder, or his or her agents or employees, that occurs in connection with any massage services within the city if such act is in violation of any law or constitutes any act of fraud, deceit, misrepresentation, or coercion. Any permit issued under this section shall be automatically revoked whenever any such bond ceases to be effective for any reason unless the permit holder shall file a new bond in compliance herewith prior to the date such bond may cease to be effective.

II.    No Refund of Fee. No refund or rebate of any permit fee shall be allowed by the reason of the fact that the permit holder discontinues an activity for which the permit is required pursuant to the provisions of this section, or that the permit is canceled, suspended, revoked, or invalidated.

JJ.    Return of Permit. In the event that a permit is canceled, suspended, revoked, or invalidated, the permit holder shall surrender the permit to the director of finance not later than the end of the third business day after notification of the cancellation, suspension, revocation, or invalidation.

KK.    Application to Existing Establishments.

1.    Each owner, operator, or manager of a massage establishment, and each massage practitioner or massage practitioner trainee, who has been issued and is in possession of a valid permit as issued pursuant to the provisions of this section on the effective date of the ordinance codified in this section shall comply with all new requirements which are prerequisites for issuance of a massage establishment permit (pursuant to subsections D through F of this section), massage establishment manager permit (pursuant to subsection DD of this section), massage practitioner or massage practitioner trainee permit (pursuant to subsections Q, R and V of this section), and all new operational requirements (pursuant to subsections I, U and V of this section) by January 1, 2007.

2.    Each owner, operator, or manager of a massage establishment, and each massage practitioner or massage practitioner trainee, who has been issued and is in possession of a valid permit as issued pursuant to the provisions of this section on the effective date of the ordinance codified in this section shall comply with all provisions, requirements, or regulations of this chapter not specified in subsection (KK)(1) of this section (including, but not limited to, subsection FF of this section) by the effective date of the ordinance codified in this section.

LL.    Exemptions.

1.    Except as provided in subsection (LL)(2) of this section, shall not apply to the following classes of individuals, and they shall be exempt therefrom, while engaged in the performance of the duties of their respective professions:

a.    Physicians, surgeons, chiropractors, or osteopaths who are duly licensed to practice their respective professions in the state of California under the provisions of the California Business and Professions Code, while performing activities encompassed by such professional licenses;

b.    Nurses or physical therapists who are duly licensed to practice their respective professions in the state of California under the provisions of the California Business and Professions Code, while performing activities encompassed by such professional licenses;

c.    Other health care personnel engaged in the healing arts that are regulated and licensed by the state of California pursuant to the California Business and Professions Code, Division 2, including acupuncturists, while performing activities encompassed by such professional licenses;

d.    Athletic trainers certified by the state of California performing training services at bona fide professional, amateur, or school athletic events or practices;

e.    Barbers and beauticians who are duly licensed under the laws of the state of California, but only provided that they are lawfully engaged in providing the services performed pursuant to such licenses.

2.    Any person duly exempted under subsection (LL)(1) of this section who employs, utilizes, engages, directs, or allows any person who is not regulated and licensed by the state of California to engage in an act regulated by the provisions of this section shall be required to obtain a massage establishment permit. Every massage practitioner employed, utilized, or engaged by such persons shall be required to obtain a massage practitioner permit.

MM.    Regulations Nonexclusive. The provisions of this section regulating massage establishments, massage practitioners, and massage practitioner trainees are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other applicable provision, requirement, or regulation of the South Gate Municipal Code or other laws.

NN.    Conflicts. If the provisions, requirements, or regulations of this section conflict with or contravene any other provision, requirement, or regulation of the South Gate Municipal Code, the provisions, requirements, or regulations of this section shall prevail as to all matters and questions arising out of the subject matter of this section.

OO.    Public Nuisance. Any massage establishment operated, conducted, or maintained contrary to the provisions, requirements, and regulations of the South Gate Municipal Code shall be, and the same is declared to be, unlawful and a public nuisance, and the city may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal, and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such massage establishments and restrain and enjoin any person from operating, conducting, or maintaining a massage establishment contrary to the provisions, requirements, or regulations of the South Gate Municipal Code.

PP.    Recovery of Attorney’s Fees.

1.    A prevailing party in any judicial action, administrative proceeding, or special proceeding, to abate or to cause the abatement of a public nuisance as defined in subsection OO of this section, or in any appeal or other judicial action arising therefrom, may recover reasonable attorney’s fees in accordance with the following subsections:

a.    Attorney’s fees are not recoverable by any person as a prevailing party unless the city manager, or a designee thereof, or an attorney for, and on behalf of, the city, elects in writing to seek recovery of the city’s attorney’s fees at the initiation of that individual action or proceeding. Failure to make such an election precludes any entitlement to, or award of, attorney’s fees in favor of any person or the city.

b.    The city is the prevailing party when an administrative or judicial determination is made or affirmed by which a person is found to be responsible for one or more conditions or activities that constitute a public nuisance as defined by subsection OO of this section. A person is the prevailing party only when a final administrative or judicial determination completely absolves that person of responsibility for all conditions or activities that were alleged, in that action or proceeding, to constitute a public nuisance. An administrative or judicial determination that results in findings of responsibility and nonresponsibility on the part of a person for conditions or activities that were alleged in that action or proceeding to constitute a public nuisance, shall nevertheless result in the city being the prevailing party.

2.    Provided the city has made an election to seek attorney’s fees, an award of attorney’s fees to a person shall not exceed the amount of reasonable attorney’s fees incurred by the city in that action or proceeding.

QQ.    Severability. If any section, subsection, sentence, clause, or phrase of this section is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this section. The city council hereby declares that it would have passed the ordinance codified in this section, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this section would be subsequently declared invalid or unconstitutional.

(Ord. 2210 § 1, 4-25-06: Ord. 2033 § 1, 1-27-98: Ord. 1948 § 1 (part), 5-25-93)

2.10.725 Material recovery facility.

A.    Definition. For purposes of this section, the term "material recovery facility" means a facility within the city which is operated for the purpose of collecting, handling, storing and/or processing solid waste.

B.    Requirements.

1.    Weight Tickets. No operator of a material recovery facility shall permit any vehicle carrying solid waste to enter the premises of the material recovery facility without first obtaining a weight ticket. A record of each weight ticket shall be maintained by the business permittee. Each weight ticket shall set forth the following information:

a.    The size, empty weight and load capacity of the vehicle;

b.    The loaded weight of each vehicle transporting solid waste to the business permittee’s premises;

c.    The cargo weight.

2.    Records. The business permittee shall maintain accurate records relating to all vehicles entering the business permittee’s premises, which vehicles are engaged in transporting solid waste. The records maintained by the business permittee shall contain, at a minimum, the following information:

a.    The size, empty weight and load capacity of the vehicle entering the business permittee’s premises which is engaged in transporting solid waste to the material recovery facility;

b.    The loaded weight of each vehicle carrying solid waste to the business permittee’s premises;

c.    A daily record of the number of vehicles engaged in transporting solid waste to the business permittee’s premises;

d.    A daily record of the tonnage of solid waste collected at the business permittee’s premises and the fees collected therefor.

3.    Measurements. Accurate scales shall be located on or immediately adjacent to the business permittee’s premises and shall be maintained in good condition and routinely tested to ensure accurate calibration. It shall be the responsibility of the business permittee to operate the scales so that accurate weights are recorded. Scales shall be available for inspection and testing by city representatives at any time during normal business hours.

4.    Compliance with A. B. 939. The business permittee shall comply with all reasonable requests of the city for data and information which will facilitate the city’s compliance with A.B. 939, including, without limitation, waste characterization, source reduction, recycling and similar waste management policies.

5.    Inspection of Records. All records relating to weight tickets, vehicles, tonnage, fees collected and other matters set forth in this section shall be available for inspection by city representatives at all times during normal business hours.

(Ord. 1980 § 2, 1-24-95)

2.10.730 Miscellaneous business conducted wholly or partially in the open (not within an enclosed building).

A.    Application Information. All applications for a business permit to conduct a business wholly or partially in the open (not within an enclosed building) shall contain the information required by Section 2.10.140.

B.    Operating Requirements and Conditions. The business permit for a business which is to be conducted wholly or partially in the open (not within an enclosed building) shall be subject to the conditions determined in accordance with the procedures specified in Section 2.10.960 of this chapter.

C.    Manager Required. All permittees operating under the authority of this section shall employ a person on the premises to act as manager at all times during which the business is being conducted. Such manager shall be permitted pursuant to Section 2.10.050.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.740 Mobilehome park.

A.    Application Information. All applications for a business permit to operate a mobilehome park shall contain the information required by Section 2.10.140.

B.    Operating Requirements and Conditions. The business permit for a mobilehome park shall be subject to the conditions determined in accordance with the procedures specified in Section 2.10.960 of this chapter.

C.    Manager Required. All mobilehome park permittees shall employ a person on the premises to act as manager at all times during which the mobilehome park is being operated. Such manager shall be permitted pursuant to Section 2.10.050.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.750 Model studio.

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

1.    "Figure model" means any person who is employed or otherwise engaged by the permittee of a model studio to pose in the nude or semi-nude for patrons of such business establishment.

2.    "Model studio" means and includes any establishment, having a fixed place of business in the city, where, for any form of consideration or gratuity, live figure models who are nude or semi-nude are made available to patrons of the establishment to pose and to be sketched, drawn, painted, sculpted, photographed or otherwise observed in connection with artistic pursuits and endeavors of the patrons.

B.    Permit Exemption. No business permit shall be required for any model studio which is sponsored or operated in conjunction with a bona fide course of study at any university, state college, junior college, or other educational institution accredited by the state of California.

C.    Application Information: Model Studio. In addition to the information required by Section 2.10.140, all applications for a permit to conduct a model studio shall contain the following information, as applicable:

1.    The address and all telephone numbers of the model studio;

2.    A list of the names, residence addresses and telephone numbers of all figure models and employees proposed to be employed by the model studio, and the name, residence address and telephone number of the manager or managing employee proposed to be principally in charge of the operation of the model studio;

3.    The two previous addresses of the applicant immediately prior to the present address of the applicant;

4.    The applicant’s age, height, weight, color of hair and eyes and sex;

5.    Two identification photographs and fingerprints of the applicant;

6.    The business history and experience of the applicant including, but not limited to, whether such person, in previously operating a model studio or similar business in this or any other city or state under license or permit, has had such license or permit denied, revoked, or suspended and the reasons therefor;

7.    All criminal convictions excluding traffic violations or infractions;

8.    Such other information as may be deemed necessary by the tax collector.

D.    Operating Requirements.

1.    No figure model under the age of eighteen years shall pose nude or semi-nude on the permitted business premises.

2.    No music or dancing shall be allowed on the permitted business premises by the permittee.

3.    No alcoholic beverages shall be possessed, sold or consumed on the permitted business premises.

4.    No business activities shall be conducted by the permittee between the hours of ten p.m. and ten a.m. on Monday through Saturday, nor between the hours of ten p.m. Saturday and ten a.m. the following Sunday.

5.    The interior of the permitted business premises shall not be visible from outside such premises.

6.    The main entrance to the permitted business premises, and all exit doors, shall remain unlocked during business hours.

7.    Any room or area in the permitted business premises, while used for the purpose of modeling, shall be readily accessible and open to view at all times for purposes of observation by the permittee and for purposes of inspection by any authorized officer or employee of the city responsible for the enforcement of this code.

8.    While not engaged in modeling for patrons, all figure models shall remain in an area designated for their exclusive use and outside the view of patrons.

9.    The permittee shall maintain a current list of all figure models employed by the permittee or otherwise utilizing the permitted business premises. Such list shall set forth the true name and all aliases used by the figure model, the figure model’s birth date, height, weight, hair color, home address, home telephone number, social security number, driver’s license number and date of employment and termination. Such lists shall be retained on the permitted business premises for a period of one year.

10.    No physical contact shall take place on the permitted business premises between any figure model and any patron.

11.    No patron shall be allowed to remain on the permitted business premises while under the influence of alcohol or drugs.

12.    Artistic supplies, equipment or materials shall not be provided to patrons by the permittee.

13.    Separate dressing rooms shall be provided by the permittee for male and female figure models. The dressing rooms shall be so designed and constructed that, when the door is opened, the interior shall not be visible from any area accommodating patrons. Each dressing room shall be provided with adequate sanitary facilities.

14.    A business establishment permitted as a model studio shall comply with the following locational requirements:

a.    Such business establishment shall not be located within a one thousand five hundred foot radius of a church, a public or private elementary or secondary school, a public park or playground, any noncommercial establishment operated by a bona fide religious organization, or any establishment which, as its primary purpose, caters to minors or has minors as the majority of its patrons at such establishment.

b.    Such business establishment shall not be located within a one thousand foot radius of the boundary of any property zoned or used for residential purposes; another sexually oriented business, as said term is defined in Section 2.10.040; or any business establishment which is licensed to sell alcoholic beverages.

15.    The permittee shall provide a copy of this section to all employees, including figure models, and shall post a copy of this section in a conspicuous location on the permitted business premises.

16.    All model studio permittees shall employ a person on the premises to act as manager at all times during which the model studio is open. Such manager shall be permitted pursuant to Section 2.10.050.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.760 Motel—Residential.

A.    Definition. For the purpose of this section, the term "motel-residential" shall have the same meaning as set forth in Section 2.08.030 of Chapter 2.08, Title 2, of this code.

B.    Application Information. All applications for a business permit to operate a residential motel shall contain the information required by Section 2.10.140.

C.    Operating Requirements. The permit for a residential motel shall be subject to the permittee’s compliance with all conditions of approval set forth in the conditional use permit issued for the residential motel.

D.    Manager Required. All residential motel permittees shall employ a person on the premises to act as manager at all times during which the residential motel is open. Such manager shall be permitted pursuant to Section 2.10.050.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.770 Motion picture theater.

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

1.    "Motion picture theater" means a building, structure or establishment at which motion pictures are shown or exhibited and for which a fee is charged.

2.    "Adult motion picture theater" means a motion picture theater at which adult motion pictures are shown, and where a regular and substantial portion of its business is devoted to exhibiting adult motion pictures.

3.    "Adult motion pictures" means motion pictures in which a preponderant portion thereof is characterized by a description of specified sexual activities or specified anatomical areas.

4.    "Specified anatomical areas" means and includes any of the following:

a.    Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or

b.    Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

5.    "Specified sexual activities" means and includes any of the following:

a.    The fondling or touching of human genitals, pubic region, buttocks, anus or female breasts;

b.    Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;

c.    Masturbation, actual or simulated; or

d.    Excretory functions as part of, or in connection with any of the activities set forth in subdivisions a through c above.

B.    Operating Requirements.

1.    Remodeling or Enlargement of Theater.

a.    Any motion picture theater that has been closed for a continuous period of thirty days, and any theater that has been erected or structurally altered or enlarged, shall not be reopened to the public without first having an inspection by, and the written permission of, the department of building and safety and the fire department.

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

2.    Smoking in Motion Picture Theaters. Smoking shall not be permitted in the auditorium or balcony of any motion picture theater.

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

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

6.    Automatically Operated Safety Devices—Testing. The Department of Building and Safety may require that all automatically operated safety devices be tested not less than once every thirty days to determine that they are in proper working order.

7.    Projection Rooms and Booths.

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

b.    The requirements for projection rooms and booths shall be those specified in the latest edition of the Uniform Building Code, as adopted by the city.

8.    Hazardous Conditions. It is unlawful for a permittee to admit the public to a motion picture theater after receiving notice or obtaining knowledge of the existence of any hazardous condition within the theater which is or may be injurious to the public health or safety. Hazardous conditions may include, but are not limited to, loose or improperly attached fixtures, unsanitary conditions, damaged or defective seats, defects in or damage to the floor, floor covering or carpeting, obstructions in aisles, and insufficient illumination or inoperative light bulbs.

9.    Additional Requirements—Adult Motion Picture Theater.

a.    Age Restrictions. An adult motion picture theater permit shall not be issued to any person under eighteen years of age, or to a corporation, any of whose officers are under eighteen years of age. Minors under eighteen years of age shall not be permitted in adult motion picture theaters when adult motion pictures are being shown.

b.    Manager Required. The permittee of an adult motion picture theater shall employ a person on the premises to act as manager at all times during which the adult motion picture theater is open. Such manager shall be permitted pursuant to Section 2.10.050.

c.    Inspection Requirements. The permittee shall not allow any doors on the permitted premises to be locked during business hours. In addition, the permittee shall ensure that any room or area on the permitted premises is readily accessible at all tines and subject to inspection by any law enforcement officer at any reasonable time. (Ord. 2011 § 1 Exh. A (part), 8-27-96)

d.    Location. A business establishment permitted as an adult motion picture theater shall comply with the following locational requirements:

i.    Such business establishment shall not be located within a one thousand five hundred foot radius of a church, a public or private elementary or secondary school, a public park or playground, any noncommercial establishment operated by a bona fide religious organization or any establishment which, as its primary purpose, caters to minors or has minors as the majority of its patrons at such establishment.

ii.    Such business establishment shall not be located within a one thousand foot radius of the boundary of any property zoned or used for residential purposes; another sexually oriented business, as said term is defined in Section 2.10.040; or any business establishment which is licensed to sell alcoholic beverages.

(Ord. 2011 § 1 Exh. A (part), 8-27-96; Ord. 1948 § 1 (part), 5-25-93)

2.10.780 Parking lot (commercial).

A.    Application Information. An application for a business permit for a commercial parking lot shall contain the information required by Section 2.10.140, as may be applicable.

B.    Operating Requirements. The permit for a commercial parking lot shall be subject to the conditions determined in accordance with the procedures specified in Section 2.10.960 of this chapter.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.790 Pawnbroker and secondhand dealer.

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

1.    "Pawnbroker" or "secondhand dealer" means any person whose principal business is primarily that of engaging in buying, selling, trading, taking in pawn, accepting for sale or consignment, accepting for auctioning or auctioning secondhand tangible personal property. Pawnbroker or secondhand dealer also includes any person who engages in the business of buying or selling secondhand tangible personal property in excess of twenty percent of the gross sales and purchases of goods or merchandise sold or purchased in the regular course of business.

2.    "Tangible personal property" has the same meaning as set forth in Section 21627 of the Business and Professions Code of the State of California.

B.    Application Information. In addition to the information required by Section 2.10.140, every applicant for a business permit to operate as a pawnbroker or a secondhand dealer shall provide the following information, as may be applicable:

1.    The applicant’s age, height, weight, sex and color of hair and eyes;

2.    The applicant’s current address and prior addresses within the twelve months preceding the date of the application;

3.    Whether the applicant has ever conducted a similar business in the city or elsewhere and the name under which the applicant conducted such similar business;

4.    Fingerprints and photographic identification.

C.    Operating Requirements.

1.    Hours of Operation. No pawnbroker or secondhand dealer, nor any employee thereof, shall accept any pledge, or loan any money for personal property, or purchase or receive any goods, wares or merchandise, or any article or thing, or in any manner whatsoever engage in or conduct business as a pawnbroker or secondhand dealer between the hours of seven p.m. of any day and seven a.m. of the following day.

2.    Reporting. Every permittee under this section shall comply with the following reporting requirements:

a.    At the close of each business day or on the first working day after receipt or purchase of such property, the permittee shall mail to the chief of police the buy-form made out during that day. The term "buy-form" as used herein shall be the name of the form or forms furnished by the chief of police to the permittee for the purposes of recording and providing to the police department the required information relating to purchases, pledges or consignments of tangible personal property. Such buy-forms shall contain a full, true and complete report of all tangible personal property which he or she has purchased, taken in trade, taken in part, accepted for sale on consignment or accepted for auction, excluding tangible personal property originally sold new by the permittee and subsequently taken as a trade-in on other merchandise sold by the same permittee, and shall also contain other information required by the chief of police which, considering the type of business of the permittee, may assist in the detection of stolen property.

b.    The report shall include the following information:

(1)    The name and current address of the intended seller or pledgor of the property;

(2)    The identification of the intended seller or pledgor. The identification of the seller or pledgor of the property shall be verified by the person taking the information. The verification shall be valid if the person taking the information reasonably relies on any one of the following documents, provided the document is currently valid or has been issued within five years and contains a photograph or description, or both, of the person named on it, is signed by the person, and bears a serial or other identifying number:

(a)    A passport of the United States,

(b)    A driver’s license issued by any state, or Canada,

(c)    An identification card issued by any state,

(d)    An identification card issued by the United States;

(3)    A complete and reasonably accurate description of serialized property, including, but not limited to, the following: serial number and other identifying marks or symbols, owner-applied numbers, manufacturer’s named brand, and model name or number;

(4)    A complete and reasonably accurate description of nonserialized property, including, but not limited to, the following: size, color, material, manufacturer’s pattern name (when known), owner-applied numbers and personalized inscriptions and other identifying marks or symbols;

(5)    A certification by the intended seller or pledgor that he or she is the owner of the property or has the authority of the owner to sell or pledge the property;

(6)    A certification by the intended seller or pledgor that to his or her knowledge and belief the information is true and complete;

(7)    A legible fingerprint taken from the intended seller or pledgor, as prescribed by the department of justice. This requirement does not apply to a coin dealer, unless required pursuant to local regulation.

c.    Buy-forms shall not be required in connection with the purchase of tangible personal property from a permittee holding a similar city permit if, in the sale of such property, such permittee has complied with all the provisions of this subdivision 2 or with all applicable requirements of Article 4, Chapter 9, Division 8 of the Business and Professions Code relating to the reporting, holding and releasing of tangible personal property.

d.    Every permittee shall preserve for a period of three years a copy of the buy-forms, provided for that purpose, containing a carbon-copy record of the original writing made by the permittee, or the permittee’s agent or employee, the original of which has been furnished to the chief of police. Every such record shall be produced for inspection by any peace officer.

e.    The chief of police shall maintain a file of all buy-forms received pursuant to this paragraph for a period of three years, and such reports shall be open to inspection by any peace officer.

f.    If the transaction takes place outside the territorial limits of an incorporated city, the report shall be submitted to the sheriff of the county or his or her designee, by mail unless otherwise agreed upon by the pawnbroker and the sheriff or his or her designee.

g.    (1) Every secondhand dealer and coin dealer shall retain in his or her possession for a period of thirty days all tangible personal property reported. The thirty-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 or to the sheriff by the secondhand dealer and coin dealer. The chief of police or the sheriff may for good cause, as specified by the department of justice, authorize proper disposition of any such 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 or the sheriff.

(2)    During the thirty-day holding period specified in subdivision (1) of this subsection every secondhand dealer and coin dealer shall produce any tangible personal property for inspection by any peace officer or employee designated by the chief of police or sheriff.

3.    Disposal of Property. Every permittee under this section shall be subject to and shall comply with the following requirements:

a.    The permittee shall not melt, destroy or otherwise dispose of any tangible personal property obtained in any business for the conduct of which a permit is required under this section until fourteen days after mailing to the chief of police the buy-form required under subdivision 2 of this subsection.

b.    Until any tangible personal property purchased by or pledged or consigned to any permittee under this section is held for the period required by subdivision 2 of this subsection, or is released by the chief of police, such permittee shall not clean, alter, repair, paint or otherwise change the appearance of such tangible personal property. At all times during business hours, the permittee shall expose the same to public view and shall produce the same for inspection by any peace officer.

4.    Release of Property Following Inspection by Chief of Police. The chief of police may release any tangible personal property covered by this section which the chief of police inspects, if after such inspection the Chief of Police is satisfied that such property is in the lawful possession of the permittee.

5.    Manager Required. All pawnbroker and secondhand dealer permittees shall employ a person on the premises to act as manager at all times during which such business establishment is open. Such manager shall be permitted pursuant to Section 2.10.050.

(Ord. 2011 § 1 Exh. A (part), 8-27-96: Ord. 1948 § 1 (part), 5-25-93)

2.10.800 Peddler and solicitor (commercial).

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

1.    "Commercial" means and includes business activities engaged in for profit, whether or not a profit is realized.

2.    "Peddler" means any person who engages in peddling.

3.    "Peddling" means and includes hawking, selling or offering to sell any goods, wares or merchandise, including food products for human consumption, by traveling from place to place, house to house or business to business, and concurrently taking an order for and delivering goods, wares or merchandise, or by transporting goods, wares or merchandise within any vehicle, or by any other means, which items are intended to be offered for sale and delivery to members of the public.

4.    "Solicitor" means any person who engages in solicitation, and includes any person who canvasses or who acts as an itinerant agent.

5.    "Solicitation" means and includes any person who travels from place to place, house to house, or business to business, for the purpose of taking orders for, or offering to sell or take orders for: (i) any goods, wares, merchandise or other articles for future delivery; or (ii) any service to be performed or provided in the future; or (iii) the fabrication, treating or repair of any article whatsoever for future delivery.

B.    Permit Exemptions.

1.    The business activity of delivering goods, wares or merchandise, including food products, which is conducted by or on behalf of a person engaged in the business of selling such items at or from a fixed location in the city, shall be exempt from the permit requirements of this section; provided, however, that such business is conducted pursuant to a license or permit, or both, issued by the city pursuant to this Title 2 of the code.

2.    Commercial solicitation which is incidental to and conducted or undertaken by or on behalf of a person engaged in a business activity for which a license or permit, or both, have been issued by the city pursuant to Title 2 of this code, shall be exempt from the permit requirements of this section.

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

D.    Application Requirements.

1.    Peddlers. In addition to the information required by Section 2.10.140, an application for a commercial peddler’s permit shall include the following information, as may be applicable:

a.    Two photographs of the applicant, not less than one inch by one inch in size;

b.    A health permit from the health officer if the applicant proposes to sell food or beverages.

2.    Solicitors. In addition to the information required by Section 2.10.140, an application for a commercial solicitor’s permit shall include the following information, as may be applicable:

a.    A description of the method or methods to be used in conducting the solicitation;

b.    The time when solicitations will be made, giving the preferred dates and hours for the commencement and termination of the solicitations;

c.    If the applicant intends to engage employees or agents to conduct commercial solicitations, the name, address and phone number of each proposed employee or agent and photo identification for each employee or agent;

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

e.    Two photographs of the applicant, not less than one inch by one inch in size.

E.    Operating Requirements.

1.    Generally.

a.    No permittee shall engage in peddling or solicitation in any area of the city zoned for residential use between eight p.m. and eight a.m. of the following day.

b.    No permittee shall engage in peddling or solicitation at any dwelling, including but not limited to a house, apartment or condominium, where there is a sign indicating "No Solicitations," "Do Not Disturb" or otherwise indicating that the occupant or occupants thereof do not desire to be solicited or to have their privacy disturbed.

c.    No permittee shall touch, come into physical contact with, or affix any item or article to the person of any member of the public, without first receiving permission therefor from such individual.

d.    No permittee shall persist in soliciting any member of the public after such individual has expressed his or her desire not to be solicited.

e.    No permittee shall intentionally obstruct the free movement of any member of the public on any street, sidewalk or other public place.

f.    No permittee shall solicit from a member of a captive audience. "Captive audience" means intentionally stationary persons, such as persons in line or seated in public areas.

g.    No permittee shall threaten any injury or damage to any member of the public who declines to be solicited.

2.    Schools. No permittee shall peddle food or beverages on weekdays between the hours of eight a.m. and five p.m., within one block of any school grounds in the city.

3.    Identification Cards.

a.    All persons permitted pursuant to this section shall be issued an identification card by the city which shall include the permit number, the name and street address of the permittee, a statement describing the permittee’s authorized activity, the signature of the permittee and of the permittee’s employer (if applicable), the specific period of time during which the peddling or solicitation is authorized, and a statement printed prominently on the card which states: "This identification card is not an endorsement by the city of South Gate of any peddling or solicitation."

b.    An application form for the proposed identification card shall be filed with the tax collector at the time the application for a permit is filed, and shall be approved by the tax collector as conforming to the requirements of this section before the permit is issued.

c.    All permittees, and their authorized agents and employees, shall display the identification card at all times when peddling or soliciting. Upon contact by the permittee with a member of the public, the permittee shall read or present the identification card to such member of the public, allowing sufficient time for examination.

d.    No person shall engage in peddling or solicitation in the city without a permit and an identification card issued pursuant to this section.

e.    No person shall engage in peddling or solicitation within the city after expiration of the permit issued by the city.

4.    Solicitation by Advertising. When any solicitation authorized by this section is made by printed matter or published article, or by means of radio, television, telegraph or other means of communication, the advertisement relating to such solicitation shall contain the information required to be set forth in the identification card issued by the tax collector.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.810 Picture arcade.

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

1.    "Adult entertainment picture" means a still or motion picture, or video tape, which is characterized, to a substantial extent, by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

2.    "Picture arcade" means any business establishment where one or more machines or other devices are maintained to show or exhibit adult entertainment pictures, and for which any charge, consideration or payment is required, excluding those business establishments which have obtained a motion picture theater business permit pursuant to this chapter.

3.    "Specified sexual activities" means and includes any of the following:

a.    The fondling or touching of human genitals, pubic region, buttocks, anus or female breasts;

b.    Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;

c.    Masturbation, actual or simulated;

d.    Excretory functions as part of, or in connection with any of the activities set forth in subdivisions a through c above.

4.    "Specified anatomical areas" means and includes any of the following:

a.    Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or

b.    Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

B.    Application Requirements. In addition to the information required by Section 2.10.140, an application for a picture arcade permit shall include the following information, as may be applicable:

1.    If the applicant is not the owner of record of the real property upon which the picture arcade is, or is to be, located, the application shall be accompanied by a notarized statement from the owner of the property acknowledging that a picture arcade is or will be located on the property.

2.    In addition to such notarized statement, the applicant shall submit the name and address of the owner of record of the property, as well as a copy of the lease or rental agreement pertaining to the premises in which the picture arcade is or will be located.

C.    Operating Requirements.

1.    Age Restrictions. A picture arcade permit shall not be issued to any person under eighteen years age, or to a corporation any of whose officers are under eighteen years of age.

2.    Manager Required. All picture arcades shall employ a person on the premises to act as manager at all times during which the picture arcade is open. Such manager shall be permitted pursuant to Section 2.10.050.

3.    Posting of Regulations. The permittee shall permanently post a copy of these operating requirements inside the permitted premises.

4.    Visibility from Exterior. The permittee shall not allow any portion of the interior of a picture arcade to be visible from outside the premises.

5.    Visibility of Interior. The permittee shall comply with the following requirements relating to the visibility of the interior of the premises:

a.    No viewing room or booth shall be fully or partially enclosed by means of any door or curtain.

b.    The patron in each viewing room or booth shall be visible from the common aisle by means of unaided sight, sight aided by mirror(s) or sight aided by one or more closed-circuit video cameras and monitors which shall be in operation at all times while the picture arcade is open to the public.

c.    The common aisle or aisles shall be visible from the workplace or station of the on-premises manager by means of unaided sight, sight aided by mirror(s) or sight aided by one or more closed-circuit video cameras and monitors which shall be in operation at all times while the picture arcade is open to the public.

d.    All doors on the permitted premises shall remain unlocked at all times the picture arcade is open to the public, unless otherwise required by the police department for security purposes.

e.    All viewing rooms or booths and other areas in the permitted premises shall be reasonably accessible for inspection by any law enforcement officer at any reasonable time the picture arcade is open to the public.

6.    Lighting. The permittee shall maintain a minimum of one footcandle illumination generally distributed in all parts of the premises at all times when the picture arcade is open or when the public is permitted to enter or remain therein.

7.    Occupancy of Viewing Room or Booth. No viewing room or booth shall be occupied by more than one person at any time.

8.    Inspection Requirements. The permittee shall not allow any doors on the premises to be locked during business hours and, in addition, the permittee shall ensure that any room or area within the permitted premises shall be reasonably accessible at all times and open to view in its entirety for inspection by any law enforcement officer at any reasonable time.

9.    Persons under Eighteen Years of Age.

a.    All persons under eighteen years of age shall be prohibited from entering, visiting or remaining on the premises unless accompanied at all times by a parent, guardian, or spouse eighteen years of age or older.

b.    The permittee, manager or other person in charge of a picture arcade shall not allow any person under the age of eighteen years to be, remain in, enter or visit such premises unless the minor is, at all times, accompanied by a parent, guardian or spouse eighteen years of age or older.

10.    Alcoholic Beverages. No permit for a picture arcade shall be issued to any business establishment which has a license to sell alcoholic beverages and which allows the sale or consumption of alcoholic beverages on the premises where such picture arcade is proposed to operate.

11.    Location. A business establishment permitted as a picture arcade shall comply with the following locational requirements:

a.    Such business establishment shall not be located within a one thousand five hundred foot radius of a church, a public or private elementary or secondary school, a public park or playground, any noncommercial establishment operated by a bona fide religious organization, or any establishment which, as its primary purpose, caters to minors or has minors as the majority of its patrons at such establishment.

b.    Such business establishment shall not be located within a one thousand foot radius of the boundary of any property zoned or used for residential purposes; another sexually oriented business, as said term is defined in Section 2.10.040; or any business establishment which is licensed to sell alcoholic beverages.

(Ord. 2011 § 1 Exh. A (part), 8-27-96: Ord. 1948 § 1 (part), 5-25-93)

2.10.820 Private patrol service and patrol officer.

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

1.    "Patrol service" means a business establishment wherein the operator agrees to provide, for consideration, any watchman, guard, patrol officer or other individual, whether or not uniformed, to patrol any portion of the city, to guard against or prevent theft, unlawful taking, loss or misappropriation of property of any kind, or to act as an escort for a funeral procession. Patrol service does not include a service for the protection of real or personal property where the individual engaged to provide such service is directly employed by the owner of such real or personal property.

2.    "Patrol officer" means a person engaged by a private patrol service to perform any of the activities described in subdivision 1 of this subsection.

B.    Permit Exemptions. Private patrol officers shall be required to obtain a permit and to pay a permit fee. They must also register with the tax collector and provide a photostatic or certified copy of their registration with the state pursuant to the State Private Investigator Act. If a private patrol officer does not have proof of current registration, then he or she must register with the city upon a form prescribed by the police department. No fee shall be charged for such registration.

C.    Application Information. In addition to the requirements set forth in Section 2.10.140, an application for a private patrol service permit shall include the following information, as may be applicable:

1.    A map of the district, territory or area within the city proposed to be served by the patrol service;

2.    A description of the proposed methods of operation;

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

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

5.    A description of the areas of public or private property upon which the applicant intends to park any vehicles proposed to be used in the operation of the business;

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

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

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

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

10.    A list setting forth the name, address, social security number and driver’s license number of each of the applicant’s employees.

D.    Operating Requirements.

1.    Badges.

a.    The permittee shall issue a badge to each of its patrol officers. Every patrol officer shall wear the badge while acting as a patrol officer and shall wear no other badge of any kind.

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

2.    False or Misleading Identification.

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

b.    No patrol officer shall assume or use a rank or title identical, or similar to, any rank or title used by any law enforcement agency within the county.

c.    No permittee shall authorize or allow any patrol officer to assume or use any rank or title identical or similar to any rank or title used by any law enforcement agency within the county.

3.    Motor Vehicle Markings. Motor vehicles used by the permittee or by a patrol officer shall not bear markings or insignia that resemble the markings or insignia on any official sheriff’s department or police department motor vehicle, nor shall the words “Police” or “Sheriff” appear on such markings or insignia.

4.    Conduct.

a.    No permittee or patrol officer shall harass any person, nor damage property, nor unnecessarily enter or trespass upon the property of any person whose property the permittee is not employed to protect. (Ord. 2011 § 1 Exh. A (part), 8-27-96)

b.    All complaints regarding the activities of a permittee herein shall be investigated by the chief of police. Reports of such complaints shall be retained in the files of the chief of police and shall be subject to inspection by the city manager, the tax collector or the city council at all times.

5.    List of Customers. Each permittee shall keep a list of all customers and of the private patrol officers assigned to guard or patrol such customers’ property. Such lists shall be available for inspection by the chief of police.

6.    Report of Law Violations. No permittee shall perform official police duties. The permittee shall insure that every violation of law and every unusual occurrence coming to the permittee’s attention in the performance of its duties is immediately reported to the chief of police.

(Ord. 2011 § 1 Exh. A (part), 8-27-96; Ord. 1948 § 1 (part), 5-25-93)

2.10.830 Public dump.

A.    General Provisions.

1.    The business activity involving the operation of a public dump has been determined in Section 11.21.020(E) to constitute a prohibited use and is not authorized in any zone within the city.

2.    If and to the extent that any business enterprise owns or operates a public dump as of the effective date of this chapter, and such business activity is then being conducted as a legal nonconforming use and pursuant to a valid business license and business permit issued by the city, such business enterprise shall be required and entitled to obtain a business permit therefor under the provisions of this section.

3.    In no event shall any business enterprise, other than one identified above in subsection (A)(2) of this section, be issued a business permit to own or operate a public dump during such period of time as that business activity remains a prohibited use in all zones of the city.

B.    Application Information. All applications for a business permit to conduct the business of a public dump as a legal nonconforming use shall contain the information required by Section 2.10.140.

C.    Operating Requirements and Conditions. The business permit for a public dump shall be subject to the conditions determined in accordance with the procedures specified in Section 2.10.960.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.840 Rebound tumbling center.

A.    Definitions. For purposes of this section, the following word shall have the following meaning:

“Rebound tumbling center” means any building, structure or establishment where gymnastic or tumbling equipment is provided for the use and enjoyment of its patrons in exchange for a fee or other consideration.

B.    Operating Requirements.

1.    Insurance. Every permittee shall maintain in full force and effect a policy of insurance pursuant to Section 2.10.240. Such policy of insurance shall provide coverage in the following amounts:

a.    Twenty-five thousand dollars for bodily injury to one person;

b.    Fifty thousand dollars for bodily injury to two or more persons;

c.    Five thousand dollars for property damage per occurrence.

2.    Other Requirements and Conditions. The business permit for a rebound tumbling center shall be subject to such additional requirements and conditions as may be determined in accordance with the procedures specified in Section 2.10.960.

3.    Manager Required. All rebound tumbling center permittees shall employ a person on the premises to act as manager at all times during which the rebound tumbling center is open. Such manager shall be permitted pursuant to Section 2.10.050.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.850 Riding academy or equestrian center.

A.    Application Information. An application for a business permit for a riding academy or equestrian center shall contain the information required by Section 2.10.140, as applicable.

B.    Operating Requirements. The permit for a riding academy or equestrian center shall be subject to the conditions determined in accordance with the procedures specified in Section 2.10.960.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.860 Shooting gallery.

A.    Application Information. An application for a business permit for a shooting gallery or similar form of attraction where a fee is charged and which is not operated as a part of an activity permitted under Section 2.10.490 shall contain the information required by Section 2.10.140, as applicable.

B.    Operating Requirements. The permit for a shooting gallery or similar form of attraction shall be subject to the conditions determined in accordance with the procedures specified in Section 2.10.960.

C.    Manager Required. All shooting gallery permittees shall employ a person on the premises to act as manager at all times during which the shooting gallery is open. Such manager shall be permitted pursuant to Section 2.10.050.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.870 Skateboard center.

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

1.    “Skateboard” means a narrow board of approximately two feet in length that is mounted on rollerskate wheels.

2.    “Skateboard center” means a business establishment which, for a fee or other consideration, provides structures or facilities for the use of skateboards by members of the public.

B.    Operating Requirements.

1.    Insurance. Every permittee shall maintain in full force and effect a policy of insurance pursuant to Section 2.10.240. Such policy of insurance shall provide coverage in the following amounts:

a.    One hundred thousand dollars for bodily injury to one person;

b.    Three hundred thousand dollars for bodily injury to two or more persons;

c.    Ten thousand dollars for property damage.

2.    Other Requirements and Conditions. The business permit for a skateboard center shall be subject to such additional requirements and conditions as may be determined in accordance with the procedures specified in Section 2.10.960.

3.    Manager Required. All skateboard center permittees shall employ a person on the premises to act as manager at all times during which the skateboard center is open. Such manager shall be permitted pursuant to Section 2.10.050.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.880 Skating rink.

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

"Skating rink" means a business establishment where a rink or platform is provided upon which patrons may roller-skate or ice-skate for a fee or other consideration.

B.    Operating Requirements.

1.    Insurance. The permittee shall maintain in full force and effect a policy of insurance pursuant to Section 2.10.240. Such policy of insurance shall provide coverage in the following amounts:

a.    Twenty-five thousand dollars for bodily injury to one person;

b.    Fifty thousand dollars for bodily injury to two or more persons;

c.    Five thousand dollars for properly damage per occurrence.

2.    Other Requirements and Conditions. The business permit for a skating rink shall be subject to such additional requirements and conditions as may be determined in accordance with the procedures specified in Section 2.10.960.

3.    Manager Required. All skating rink permittees shall employ a person on the premises to act as manager at all times during which the skating rink is open. Such manager shall be permitted pursuant to Section 2.10.050.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.890 Social club (proprietary).

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

"Social club (proprietary)" means a club whose property and funds belong to a proprietor who conducts such business activity with a view to profit, and the members of which, in consideration of the payment by them to the proprietor of entrance fees or subscriptions, are entitled to use the premises and property, and to exercise such other rights and privileges as may be provided in the contract between them and the proprietor. A proprietary social club may be conducted by an individual, a partnership, a voluntary association or a corporation.

B.    Application Information. The application for a business permit for a proprietary social club shall contain the information required by Section 2.10.140, as may be applicable.

C.    Operating Requirements. The permit for a proprietary social club shall be subject to the conditions determined in accordance with the procedures specified in Section 2.10.960 of this chapter.

D.    Manager Required. All proprietary social club permittees shall employ a person on the premises to act as manager at all times during which the proprietary social club is open. Such manager shall be permitted pursuant to Section 2.10.050.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.900 Solicitation for charitable purpose.

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

1.    "Charitable" means and includes the words patriotic, philanthropic, benevolent, educational, religious, civic, cultural, fraternal or any other tax exempt purpose or function as specified in Article I of Chapter 4 of the California Revenue and Taxation Code.

2.    "Contribution" means and includes the words alms, food, clothing, money, property, subscription or pledge, as well as donations under the guise of loans of money or property.

3.    "Eligible organization" means and includes any organization, whether or not incorporated, that is organized and operated exclusively for charitable, religious, fraternal, educational, cultural, civic or other tax exempt purposes or functions as specified in Article I of Chapter 4 of the California Revenue and Taxation Code (§§ 23701 et seq.), and which has been determined by the Franchise Tax Board to be exempt from taxation, or which has established its exemption under Section 501(c)(3) of the Internal Revenue Code.

4.    "Solicit" and "solicitation" means the request, directly or indirectly, for a contribution of money, credit, property, financial assistance or other things of value upon the plea or representation that such money, credit, property, financial assistance or other things of value will be used by an eligible organization for a charitable purpose, as those purposes are defined in this section, which request is made door to door, in any place of public accommodation, in any place of business open to the public generally, on city streets and sidewalks, in public parks or in any other public places. These words also mean and include the following methods of obtaining such money, credit, property, financial assistance or other thing of value:

a.    Any verbal or written request;

b.    The local distribution, circulation, posting or publishing of any handbill, written advertisement or other publication, unless such handbill or written advertisement has been placed within a business open to the public generally and with the express permission of the owner or lessee of such business;

c.    The sale of, or taking orders for, any goods, services, merchandise, wares or other tangible items.

A solicitation, as defined in this subsection, 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 subsection.

B.    Application Information. In addition to the information required by Section 2.10.140, an application for a permit to solicit shall include the following information, as applicable:

1.    If the applicant is not an individual, the applicant’s correct legal name, taxpayer identification number (if applicable), address of its principal office and the names and addresses, social security numbers and telephone numbers of the applicant’s principal officers and executives;

2.    If the applicant is an eligible organization, as defined herein, or if the applicant is engaged or is to be engaged by an eligible organization to conduct the solicitation, documents which evidence the tax-exempt status of the eligible organization and its relationship, if any, to the applicant;

3.    The purpose for which the solicitation is to be made, the total amount of funds proposed to be raised thereby, and the use or disposition to be made of any receipts therefrom;

4.    The name, address, telephone number and social security number of the person or persons who will be in direct charge of conducting the solicitation, and the names of all fund raisers proposed to be involved with the proposed solicitation;

5.    A description of the method or methods to be used in conducting the solicitation;

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

7.    A statement of the nature and extent of the charitable work being performed by the applicant within the city;

8.    A statement to the effect that, if a permit is granted, it will not be used or represented in any manner as an endorsement by the city or by any department or officer thereof;

9.    A financial statement, signed by a certified public accountant, for the last preceding fiscal year setting forth all funds collected for charitable purposes by the applicant, including the amount of money raised, the costs of raising it, and the ultimate distribution thereof;

10.    The amount of any wages, fees, commissions, expenses or other compensation to be expended in connection with the proposed solicitation, and to whom such will be paid;

11.    If, while any application is pending, or during the term of any permit granted thereon, there is any change in fact, policy or method that would alter the information set forth in the application, the applicant shall notify the tax collector in writing thereof within twenty-four hours after such change.

C.    Issuance of Permit—General Provisions.

1.    Issuance of Permit. The tax collector shall issue the permit unless any of the following has been demonstrated:

a.    The applicant has not complied with the provisions of this section;

b.    A statement made in the application is factually incorrect;

c.    The solicitation will not be made for the charitable purpose described in the application.

2.    Authority of the Tax Collector. Nothing in this section shall be construed as granting to the tax collector, or to any other person, the authority to grant, deny, revoke, renew or suspend any permit by reason of either approval or disapproval of the philosophy, opinions or beliefs of the applicant, the permittee or the person such applicant or permittee represents, or for any other reasons not specifically set forth in this section.

3.    Form of Permit. Permits issued under this section shall bear the name and address of the person to whom the permit is issued, the number of the permit, the date issued, the dates within which the permittee may solicit, a statement that the permit does not constitute an endorsement by the city, or by any of its departments, officers or employees, of the purpose of or of the person conducting the solicitation and a brief statement describing by approximate percentage the proposed disbursement of all funds to be solicited under the permit. All permits shall be signed by the tax collector.

4.    Term of Permit. All permits issued under this section shall be valid for a period of thirty days unless renewed, revoked or suspended pursuant to the provisions hereof. Upon good cause shown, the tax collector may issue a permit which may be valid for more than thirty days, but in no event shall any permit be valid for more than six months.

5.    Permit Nontransferable. No permit issued under this section shall be transferable or assignable.

6.    Renewal of Permit. Upon the expiration of any permit, and if requested in writing so to do, the tax collector shall renew the permit within ten days of such request if the factual information upon which the original permit was granted remains unchanged, and no violation of this section has occurred. The tax collector may require a new application subject to the provisions of this section.

D.    Identification Card Required.

1.    Each permittee hereunder shall furnish an identification card to its agents and solicitors, which card is required to be in the possession of such agents and solicitors and presented when soliciting.

2.    Identification cards shall include the permit number, the name and address of the permittee, a statement describing the permittee’s charitable purpose and activity, the signature of the permittee’s chief executive officer, the name and signature of the solicitor to whom the card is issued, and the specific period of time during which the solicitation is authorized.

3.    No person shall solicit any contributions unless an identification card of a form approved by the tax collector is exhibited and read to the person solicited, or is presented for perusal by the person solicited, before accepting any contribution.

E.    Operating Requirements.

1.    Time of Solicitation. It is unlawful for any permittee to go upon any residential premises after eight p.m. or earlier than eight a.m. for the purpose of solicitation, unless the permittee has been requested or invited to do so by the owner or occupant of said premises. Nothing herein shall be interpreted to grant any person permission to enter upon private property.

2.    Written Receipts Required. Any permittee receiving money or anything having a value of five dollars or more from any contributor under a solicitation made pursuant to a permit issued hereunder shall give to the contributor a written receipt, signed by the solicitor, showing plainly the name and permit number of the person under whose permit the solicitation is conducted, the date, the amount received; provided, however, that this requirement shall not apply to any contributions collected by means of a closed box or receptacle used in solicitation with the written approval of the tax collector, where it is impractical to determine the amount of each such contribution.

3.    Manner of Solicitation.

a.    No person shall solicit without a permit.

b.    No permittee shall solicit at any dwelling, including but not limited to a house, apartment or condominium, where there is a sign indicating "No Solicitations," "Do Not Disturb" or any other indication that the occupants do not wish to be solicited or to have their privacy disturbed.

c.    No permittee, nor any agent or solicitor of such permittee, shall touch, come into physical contact with, or affix any object to the person of any prospective contributor, or member of the public, without first receiving express permission therefor from such prospective contributor or member of the public.

d.    No permittee, nor any agent or solicitor of such permittee, shall persistently request any contribution or donation from any member of the public after such member of the public expresses a desire not to make a contribution or donation.

e.    No permittee, nor any agent or solicitor of such permittee, shall intentionally and deliberately obstruct the free movement of any person on any street, sidewalk or other public place, or in any place open to the public generally.

f.    No permittee, nor any agent or solicitor of such permittee, shall solicit from a captive audience. "Captive audience" means intentionally stationary persons, such as persons in lines or seated in public areas.

g.    No permittee shall threaten any injury or damage to any person who declines to be solicited.

h.    No permittee shall, directly or indirectly, solicit contributions from any person by misrepresentation of his or her name, occupation, physical or mental condition, financial condition, residence or principal place of business, and no permittee person shall make or cause to be made any misstatement of fact or fraudulent misrepresentation in connection with any solicitation of any contribution in the city, or in any application or report filed under this section.

i.    No eligible organization or professional fund raiser permitted to solicit charitable contributions shall use a name, symbol or statement so closely related or similar to that used by another eligible organization or governmental agency that the use thereof would tend to confuse or mislead the public.

j.    No eligible organization or professional fund raiser permitted to solicit charitable contributions shall use statements or materials indicating such contributions are being raised for any organization which has not given its explicit written consent for the solicitation of such contributions.

4.    Report Required from Permittee. Every permittee hereunder shall, within ninety days after the expiration of the permit, file with the tax collector a report and a financial statement setting forth the amount raised by the solicitation and the amount expended in conducting such solicitation, including a report of the wages, fees, commissions and expenses paid to any person in connection with such solicitation, and the disposition of the balance of any funds collected during the solicitation. The permittee may be required by the director of finance to make available for inspection all financial books, records and other documents whereby the accuracy of the report may be verified.

F.    Summary Suspension of the Permit. Whenever it shall be shown that any person to whom a permit has been issued under this section has violated any of the provisions thereof, or that any agent or solicitor of a permittee has misrepresented the purpose of the solicitation, the tax collector shall be authorized to immediately suspend the permit, and, within two business days thereafter, shall either send by registered mail or personally deliver to the permittee written notice of the suspension, stating with specificity the reasons for suspension. The tax collector shall forthwith notify the chief of police, and shall also report such suspension to the city council at the next regular meeting of that body following such action. The permittee may appeal such suspension in the manner specified by Section 2.10.340 of this chapter.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.910 Taxicab business.

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

1.    "Owner" or "taxicab owner" means any person owning or controlling a taxicab.

2.    "Stand" or "taxicab stand" means a public place alongside the curb of a street or elsewhere in the city, which has been designated by the director of public works to be reserved exclusively for the use of taxicabs.

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

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

B.    Application. In addition to the information required by Section 2.10.140, an application for a taxicab business permit shall contain the following information, as may be applicable:

1.    The number of vehicles for which a permit is desired. Each vehicle shall be described, giving the license number, vehicle identification number, model, make, year of manufacture and passenger seating capacity;

2.    The color scheme, name, monogram or other distinguishing insignia proposed to be used on each vehicle;

3.    The make and type of taximeter proposed to be installed in each taxicab;

4.    The street address and the exact location of each taxicab stand which the applicant proposes to use;

5.    The proposed schedule of rates or fares to be charged;

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

7.    A current audited financial statement of the applicant;

8.    The experience of the applicant in the transportation of passengers;

9.    Such additional information as the tax collector deems necessary.

C.    Public Hearing and Notice. Notwithstanding any other provisions of this chapter, the following procedure shall be followed for issuance of a permit for a taxicab business:

1.    Notice.

a.    Following receipt by the tax collector of a completed application for a taxicab business permit, the tax collector shall refer the application to the police department. The police department shall conduct an investigation of the applicant and submit a report to the tax collector concerning the following:

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

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

iii.    Following submission of the report by the police department, the tax collector shall request the city clerk to set a time and date for a hearing by the city council on the application. Written notice of the hearing shall be given to the applicant and to all persons to whom permits or certificates of public convenience and necessity for operation of a taxicab business have previously been issued. Notice of the public hearing shall also be given to the general public by publication thereof once in a newspaper of general circulation.

2.    Findings. The city council shall not issue a permit for a taxicab business unless it finds:

a.    That the vehicles described in the application and proposed to be used as taxicabs are adequate and safe;

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

c.    That the proposed taxicab stand or stands for such business will be so located so as not to cause congestion or interference with travel on any street or the use thereof by the public, and that no proposed stand is within three hundred feet of any other stand on the same street;

d.    That the proposed services of the taxicab business are required by the public convenience and necessity;

e.    That the applicant is financially capable, willing, and able to provide such transportation and to comply with all requirements of this section.

In making such findings, the city council shall take into consideration the number of taxicabs already in operation, whether existing taxicab services are adequate to meet the public need, the probable effect of increased service on local traffic conditions and the character, experience and responsibility of the applicant.

3.    Grounds for Denial of Permit. In addition to the grounds for denial set forth in Section 2.10.200, the city council may deny a permit if it finds that the public convenience and necessity do not justify the granting of a permit.

E.    General Procedures.

1.    Modification of Permit. The city council may modify the permit pursuant to the procedures set forth in Sections 2.10.270 and 2.10.280, et seq.

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

3.    Duration of Permits. The initial taxicab permit issued hereunder to any applicant shall be valid for a period of one year. At the end of the one year period, the permittee may submit an application for a new permit, accompanied by all applicable fees, which application shall likewise be subject to the public hearing requirements of this section.

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

F.    Taxicab Driver’s Permit Required.

1.    Application Information. Notwithstanding Section 2.10.140, the application for a taxicab driver’s permit shall contain the following additional information, as may be applicable:

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

b.    The applicant’s last two previous addresses;

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

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

e.    Two recent photographs (not less than one inch x one inch);

f.    The applicant’s fingerprints;

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

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

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

j.    Such other information as the tax collector may require.

2.    Investigation.

a.    Notwithstanding the provisions of Section 2.10.180, following receipt by the tax collector of a completed application for a taxicab driver’s permit, the application shall be referred to the police department.

b.    The police department shall conduct an investigation of the applicant and submit a report to the tax collector concerning the character, reputation and integrity of the applicant.

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

3.    Grounds for Denial of Taxicab Driver’s Permit. In addition to the grounds for denial set forth in Section 2.10.200, the tax collector may deny a taxicab driver’s permit if:

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

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

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

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

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

4.    Change of Employment. If a permitted taxicab driver changes employment to a different taxicab company in the city, the permittee shall, within twenty-four hours thereafter, notify the tax collector for the purpose of having the permit changed so as to properly designate the name of the new employer.

G.    Operating Requirements.

1.    Public Liability Insurance. Each permittee shall file with the tax collector a policy of liability insurance pursuant to Section 2.10.240. Said policy of insurance shall provide coverage in the following amounts:

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

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

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

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

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

4.    Rates, Fares and Charges for Taxicab Service.

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

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

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

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

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

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

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

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

8.    Manifests.

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

i.    Location where passengers entered the taxicab;

ii.    Time of entry;

iii.    Location where passengers were discharged;

iv.    Number of passengers;

v.    Amount of fare collected.

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

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

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

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

b.    The existence of any defects in the frame of the vehicle;

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

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

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

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

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

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

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

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

11.    Designation of Taxicab Stands.

a.    Designation of Taxicab Stands.

i.    Upon granting a permit to engage in the taxicab business, the city council shall designate the exact location of each stand which the permittee may use. Such stands, and any additional or alternate stands subsequently authorized hereunder, shall be prepared, marked and maintained by the public works department, and the costs thereof shall be collected from the permittee.

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

12.    Manager Required. All taxicab business permittees shall employ a person at the principal business office of the permittee to act as manager at all times during which the taxicab business is conducting operations. Such manager shall be permitted pursuant to Section 2.10.050.

H.    Suspension and Revocation Procedures.

1.    Suspension by the tax collector.

a.    The tax collector shall have the authority to immediately suspend any permit issued pursuant to the provisions of this section if an emergency situation exists wherein the immediate cessation of activities or operations under such permit is necessary to protect the public peace, health, safety or general welfare. Such suspension shall become effective immediately upon permittee’s receipt of written notice of the decision to suspend and the grounds therefor. Prior to imposition of any suspension, the permittee may appear before the tax collector and present any information concerning the proposed suspension. The tax collector may impose a temporary suspension for a period not to exceed sixty days pending a hearing before the city council. Such hearing shall be scheduled by the city clerk pursuant to the provisions of this chapter.

b.    If a taxicab driver’s permit is proposed to be suspended by the tax collector, the permittee of the taxicab business shall be notified of the suspension and shall be sent copies of all hearing notices which are sent to the taxicab driver.

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

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

I.    Authority to Inspect and Order Repairs. The chief of police may order any person owning or operating a taxicab to promptly repair or correct any condition which makes the vehicle unsuitable or unsafe for taxicab service, including any condition specified in subsection (G)(10) of this section. Upon receipt of written notice of such order, the owner or operator shall remove the vehicle from service. Said vehicle shall not be operated on the streets of the city unless and until satisfactory proof is presented to the chief of police that the repairs or corrections have been made.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.920 Tow truck services and nonowner tow truck driver.

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

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

2.    "Nonowner tow truck driver" means any person, other than the permitted owner-operator of a tow truck, who is employed by such permitted owner-operator to drive a tow truck.

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

C.    Application Information. In addition to the information set forth in Section 2.10.140, an application for a tow truck service operator’s permit shall include the following information:

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

2.    A schedule of rates proposed to be charged in those areas of the city which the applicant proposes to service;

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

D.    Operating Requirements.

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

a.    Location where tow service is requested;

b.    Date and time the request is made;

c.    Description of vehicle towed;

d.    Location to which vehicle was towed;

e.    Identification of dispatcher;

f.    Identification of driver;

g.    Time of dispatch.

2.    Inspection. Such records shall be available for inspection by the tax collector and the chief of police for a period of at least six months at any reasonable time. (Ord. 2011 § 1 Exh. A (part), 8-27-96)

3.    Drivers—License Requirements. A permitted tow truck services operator shall not allow any person to operate a tow truck authorized under its permit unless such driver has, in his or her possession, a valid driver’s license issued by the California Department of Motor Vehicles, and, if applicable, a nonowner tow truck driver’s permit.

4.    Insurance Requirements. The tax collector shall not issue a permit to a tow truck services operator until the applicant has filed a policy of liability insurance pursuant to Section 2.10.240 covering every tow truck to be operated pursuant to the permit. Said policy of liability insurance shall provide coverage in not less than the following amounts:

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

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

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

5.    Indemnification. Every tow truck services operator permitted pursuant to this section shall execute an indemnification agreement pursuant to Section 2.10.240.

6.    Tow Truck Facility Security. If the permitted tow truck services operator provides storage for towed vehicles, the operator shall at all times provide security for all stored vehicles.

7.    Locking of Vehicles. If the permitted tow truck services operator provides storage for towed vehicles, the operator shall lock the ignition of a stored vehicle, remove the key and place the key in a safe place.

8.    Sign Requirements.

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

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

9.    Rates Charged. A copy of the rates charged for utilizing tow truck services shall be posted or carried in each tow truck.

E.    Permits—Nonowner Tow Truck Driver.

1.    Application Information. The application for a nonowner tow truck driver’s permit shall contain the following information:

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

b.    A photocopy of a valid California driver’s license;

c.    The name, address and phone number of the tow truck services operator employing or intending to employ the applicant;

d.    The tow truck service operator’s proposed service area.

2.    Operator Responsibility. Every tow truck services operator shall be responsible for promulgating and enforcing rules which ensure its employees’ or subcontractors’ compliance with the provisions of this section.

(Ord. 2011 § 1 Exh. A (part), 8-27-96; Ord. 1948 § 1 (part), 5-25-93)

2.10.930 Used vehicle sales.

A.    Application Information. An application for a business permit for used vehicle sales shall contain the information required by Section 2.10.140, as may be applicable.

B.    Operating Requirements. The business permit for used vehicle sales shall be subject to the conditions determined in accordance with the procedures specified in Section 2.10.960 of this chapter.

C.    Manager Required. All used vehicle sales permittees shall employ a person on the premises to act as manager at all times during which the used vehicle sales are conducted. Such manager shall be permitted pursuant to Section 2.10.050.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.940 Used equipment sales.

A.    Application Information. An application for a business permit for used equipment sales shall contain the information required by Section 2.10.140, as may be applicable.

B.    Operating Requirements. The business permit for used equipment sales shall be subject to the conditions determined in accordance with the procedures specified in Section 2.10.960 of this chapter.

C.    Manager Required. All used equipment sales permittees shall employ a person on the premises to act as manager at all times during which the used equipment sales are conducted. Such manager shall be permitted pursuant to Section 2.10.050.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.950 Vehicle, trailer or equipment rental.

A.    Application Information. An application for a business permit for vehicle, trailer or equipment rental shall contain the information required by Section 2.10.140, as may be applicable.

B.    Operating Requirements. The business permit for vehicle, trailer or equipment rental shall be subject to the conditions determined in accordance with the procedures specified in Section 2.10.960 of this chapter.

C.    Manager Required. All vehicle, trailer or equipment rental permittees shall employ a person on the premises to act as manager at all times during which the vehicle, trailer or equipment rentals are conducted. Such manager shall be permitted pursuant to Section 2.10.050.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.960 Determination of operating requirements for certain businesses.

A.    Operating Requirements—Original Issuance of Business Permit. Whenever the operating requirements for any business required to obtain a permit pursuant to this Article II of Chapter 2.10 are to be determined pursuant to this section, such operating requirements shall be determined as follows in connection with the issuance of the original business permit:

1.    Referral to Officers and Departments for Review. Upon filing of the business permit application, the tax collector shall refer a copy of such application to any or all of the officers or departments of the city which are deemed by the tax collector to have authority and jurisdiction to review the proposed business activities, operations and premises. Such officers and departments may include, without limitation, the health officer, fire chief, chief of police, department of building and safety, department of public works and department of community development.

2.    Requests for Additional Information. Every officer and department to which a business permit application is referred may request the tax collector to obtain from the applicant such additional information as may be required to undertake and complete the review and to recommend such conditions as may be deemed necessary to protect the public health, welfare and safety.

3.    Reports Following Review. Every officer and department to which a business permit application is referred shall, in writing and within fifteen business days after receipt, advise the tax collector of all material facts necessary to determine whether the permit should be granted, granted subject to specified conditions or denied, and of such officer’s or department’s approval or disapproval of the application. Specified conditions may include, without limitation, requirements relating to off-street parking, hours of operation, indemnification, insurance coverage or a surety bond. The tax collector may recommend the imposition of any or all of such conditions submitted, subject to compliance with the notification and hearing requirements specified herein.

4.    Recommended Conditions—Notification to Applicant. If an officer or department to which a business permit application is referred recommends either denial of the permit, or that the permit be granted subject to specified conditions, the tax collector shall so notify the applicant in writing, as provided below in subdivision 5.

5.    Denial or Grant of Permit Subject to Specified Conditions. Prior to any denial or conditional issuance of an original business permit hereunder, the tax collector shall notify the applicant in writing that the permit is proposed to be denied, or is proposed to be granted subject to specified conditions, which conditions shall be set forth in the notice, and that the applicant may request a hearing before the tax collector within five days after receipt of such notice.

6.    Imposition of Conditions on Original Business Permit.

a.    If the applicant does not request a hearing before the tax collector, the permit shall either be denied or issued subject to the specified conditions previously set forth in the tax collector’s notice to the applicant.

b.    If a hearing is requested by the applicant and is held, and the applicant and the tax collector agree upon the necessary operating requirements and specified conditions to be imposed upon the permit, then the tax collector shall issue the permit subject to such requirements and specified conditions.

c.    If a hearing is requested by the applicant and held, and the applicant and the tax collector do not agree upon the necessary operating requirements and specified conditions to be imposed upon the permit, the tax collector shall give written notice to the applicant of the denial of the permit. Pursuant to the provisions of Section 2.10.340, the applicant shall have the right to appeal the tax collector’s decision to the city council within ten days after the date of mailed notification of such decision.

B.    Operating Requirements—Renewal of Business Permit. An original business permit which is issued pursuant to the procedures specified in this section shall, unless otherwise provided for in this chapter, be subject to renewal in accordance with the provisions of Section 2.10.250.

(Ord. 1948 § 1 (part), 5-25-93)

2.10.970 Sidewalk vending program.

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

1.    “Cart” means, collectively, a stationary cart or a pushcart.

2.    “Citation” means an administrative citation issued pursuant to Chapter 1.59, unless otherwise specified.

3.    “City” means the city of South Gate, a municipal corporation.

4.    “Department” means the department of administrative services of the city of South Gate.

5.    “Food” means any type of edible substance or beverage.

6.    “Goods” or “merchandise” means any item that is not food.

7.    “Healthy food” means food which provides vital nutrients with limited fats, cholesterol, sodium and added sugar, as defined in the rules and regulations.

8.    “Operator” means a natural person or persons who pushes or moves a cart, whether or not the natural person or persons is a licensee.

9.    “Pushcart” or “mobile cart” means a piece of equipment used for vending, as specified in the rules and regulations, which is mobile, has no motor and is capable of being propelled by an individual.

10.    “Person” or “persons” means one or more natural persons, individuals, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnership, entities, associations, clubs or organizations composed of two or more individuals (or the manager, lessee, agent, servant, officer or employee of any of them), whether engaged in business, nonprofit or any other activity.

11.    “Public place” means any street, sidewalk, alley or other public way, any public park, square, space or grounds, any publicly owned or leased land or buildings.

12.    “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.

13.    “Sidewalk” means any surface in the public right-of-way provided for the use of pedestrian traffic.

14.    Sidewalk Vending Program. The sidewalk vending program regulates the city’s allocation of licenses and permits for the sale of food or merchandise.

15.    “Sidewalk vendor” or “street vendor” means 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 public sidewalk or other pedestrian path. For purposes of this chapter, the words “peddler” and “sidewalk vendor” or “street vendor” shall be interchangeable.

16.    “Stationary cart” means a piece of equipment used for vending, as specified in the rules and regulations, which has no motor and is not mobile, except when being pushed, carried, or transported to and from a space on the sidewalk on a daily basis.

17.    “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location.

18.    “Vend,” “vends” or “vending” means to peddle, hawk, sell, barter or lease; to offer to sell, barter or lease; or to display for sale, barter or lease any goods, wares, merchandise or services; to solicit offers to purchase, or to barter 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.

19.    “Vending license (license)” means a written city approval required for each person who vends in the city.

20.    “Vending permit (permit)” means a written city approval required for each cart, or operator of a cart, used for vending in the city.

21.    “Vendor” means a person who vends.

B.    City Administration.

1.    The city is authorized to issue licenses and permits for vending food or merchandise and the use of carts through the sidewalk vending program.

2.    Rules and regulations to implement the sidewalk vending program may be developed by the city.

3.    The city shall establish a complaint process to allow the public to report problems. The city shall also notify licensees and permittees of all filming and special events locations.

C.    Special Sidewalk Vending Districts.

1.    The city council may establish certain areas where vending may be expanded, restricted or prohibited. Such areas shall be called “special sidewalk vending districts.”

D.    Business Licenses and Vending Permits.

1.    License.

(a)    Every person who engages in vending is a vendor and must first obtain, and at all times maintain, a valid license.

(b)    Every vendor must vend in compliance with the terms and conditions of the license, which may be amended from time to time, and shall agree to abide by any amendments and/or changes to this chapter, as amended from time to time.

(c)    To apply for a license, the vendor must present a valid identification, such as a state of California identification, matricula consular or any other government-issued identification card and provide the following information:

(1)    The name, address and telephone number of the vendor.

(2)    Proof of liability insurance in an amount of not less than one million dollars per occurrence.

(3)    Any other information required by the rules and regulations as may be established by the city.

(4)    A statement as to whether the applicant has been convicted of any criminal offense.

(5)    A vendor who sells food, in addition to the requirements of this section, shall certify completion of a food handler course and present a copy of the course completion certificate.

(d)    A license must be renewed every year, prior to expiration.

(e)    No license is transferable.

(f)    The applicant must pay an application or renewal fee, as established by the city.

(g)    A person may only apply for a maximum of one license per year.

2.    Permit.

(a)    Every cart used for vending must obtain and display a valid permit.

(b)     Every operator of a cart must obtain and display a valid permit.

(c)    Every cart must be placed and used at all times in compliance with the terms and conditions of the permit and all other applicable laws and regulations.

(d)    An applicant for a permit shall present a valid identification, such as a state of California identification, matricula consular or any other government-issued identification and provide the following information:

(1)    The name, address and telephone number of the vendor.

(2)    A complete list of the types of food or merchandise that will be sold.

(3)    The hours per day and days per week during which sidewalk vending will be conducted.

(4)    An application for placement of a stationary cart in a commercial or industrial area of the city shall contain the proposed location, marked by major cross streets, and either the north, south, east or west side of the street and a photo or sketch of that location. An application for a pushcart in a residential area of the city shall contain a sketch showing the route the vendor will travel. Commercial, industrial and residential areas will be specified by the city.

(5)    Proof of liability insurance in the amount of one million dollars per occurrence.

(6)    A statement as to whether the applicant has been convicted of any criminal offense.

(7)    Any other information required by the city.

(e)    A person may apply for a maximum of one permit.

(f)    A permit must be renewed every year, prior to expiration.

(g)    The vendor shall pay an application and renewal fee, as established by the city.

(h)     No person may vend on the sidewalk unless it has a permit. The permit must be attached to the cart and be posted where visible.

(i)    Every cart used to vend food must be approved by the Los Angeles County health department. A cart approved by the Los Angeles County health department to vend one type or types of food may not be used to vend a different type or types of food.

(j)    A permit is not transferable to another person, vendor, entity, cart, location or route.

E.    Additional Operational Requirements for Vending.

1.    At all times, a vendor must vend in compliance with the South Gate Municipal Code, and city department regulations.

2.    Every vendor who vends with a cart must be in possession of a valid license and the cart must display a valid permit.

3.    A vendor may not use a stationary cart to vend in a residential area. Only a pushcart may be used to vend in a residential area.

4.    A vendor may operate a stationary cart only in a commercial or industrial zone.

5.    In order to ensure the health, safety, and welfare of the public, no more than two stationary carts with approved permits may be used to vend on the sidewalk of a single block face within commercial and industrial area sidewalks of the city, except as may be approved or alternatively regulated in a special sidewalk vending district.

6.    In order to ensure the health, safety, and welfare of the public, and to avoid collisions involving pedestrians and vehicles, sidewalk and mobile vending is permitted between the hours of nine a.m. and six p.m., and vending in city parks is only permitted during park operating hours.

7.    A vendor who vends in a residential area with a pushcart shall move continuously, except when conducting a sale, which must last no more than seven minutes per sale, except as may be approved or alternatively regulated in a special sidewalk vending district.

8.    A decal issued by the city and certifying the issuance of a permit for the cart, as well as the health department permit, shall be attached to and prominently displayed on each cart in use by a vendor to sell food.

9.    Every cart must not exceed a length of seventy-two inches, a width of fifty-four inches, or a height, including roof or awning, of seventy-eight inches. A permit application may request, and the city may approve, a small table for condiments to be used in conjunction with a cart selling food.

10.    A food vendor must provide a trash receptacle for customers and must ensure proper disposal of customer trash. The trash receptacle must be large enough to accommodate customer trash without resorting to existing trash receptacles located on any block for use by the general public. A vendor may not dispose of customer trash in existing trash receptacles on sidewalks.

11.    In order to prevent any slip-and-fall injuries or contaminants from entering into storm drains, vendors must maintain a clean and trash-free ten-foot radius from the vendor’s cart during hours of operation and must leave the area clean by the approved closing time, including cleaning all areas of the sidewalk used by the vendor.

12.    Vendors are prohibited from receiving mobile support throughout the day, be it for food or merchandise, including, but not limited to, from mobile commissaries.

13.    No cart, condiment table or vendor’s trash receptacle may be left on the sidewalk after the vendor’s approved closing time.

14.    No cart shall be chained or fastened to any pole, sign, tree or other object in the public right-of-way or left unattended.

15.    Vending within five hundred feet of any K-12 school or playground is prohibited from six a.m. through six p.m., unless the vendor is selling exclusively healthy food.

16.    In order to provide for the health, safety and welfare of the public, to minimize collision incidents, including pedestrian and vendor safety, to minimize stop-and-go or added sudden movements on city streets, vending is not allowed within the areas designated as the “Tweedy Boulevard Corridor,” “Garfield Avenue Corridor,” “Paramount Boulevard Corridor,” the “Azalea Shopping Center,” the “Crossroads Retail Center,” the “Imperial Highway Corridor,” the “Long Beach Boulevard Corridor,” the “Otis Street Corridor,” the “Atlantic Avenue Corridor,” the “California Avenue Corridor,” the “Firestone Boulevard Corridor,” the “El Paseo Shopping Center,” State Street, Independence Avenue, Ardmore Avenue, San Juan Avenue, Santa Ana Street, Southern Avenue, or any other venue or zone as determined by the city council.

17.    No vending is allowed one hour before, during and one hour after special events that are permitted by the city, including filming.

18.    City-permitted filming and special events shall have priority over vending permits.

19.    Vending of illegal or counterfeit merchandise is prohibited.

20.    Vending of services is prohibited.

21.    All goods, wares or merchandise vended by a street vendor shall be contained upon or within the cart used by the street vendor or contained upon the person of said vendor. In no case shall any goods, wares or merchandise be placed directly upon a street, sidewalk or public place. No person who vends shall place any blanket, tarp, or other covering on the sidewalk to vend, and all vending must be done on a cart.

22.    All vendors must offer a receipt to a patron for the sale of any food or merchandise.

F.    Placement of Stationary or Pushcarts.

1.    For safety reasons, vending food or merchandise on city sidewalks shall be prohibited:

(a)    Within ten feet of a marked crosswalk.

(b)    Within ten feet of the curb return of an unmarked crosswalk.

(c)    Within ten feet of any fire hydrant, fire call box or other emergency facility.

(d)    Within ten feet ahead and forty-five feet to the rear of a sign designating a bus stop.

(e)    Within a marked bus zone.

(f)    Within ten feet of a bus bench.

(g)    Within ten feet of a transit shelter.

(h)    Within five feet of an area improved with lawn, flowers, shrubs, trees or street tree wells.

(i)    Within ten feet of a driveway or driveway apron.

(j)    Within four feet of an outdoor dining or patio dining area.

(k)    Within thirty-six inches from the edge of the curb.

(l)    In order to comply with the Americans with Disabilities Act, the vendor must leave free-flow space of thirty-six inches from the curb, structure, or fixed object to the edge of the cart.

(m)    Where the cart blocks traffic signs.

(n)    Within forty feet of a construction or maintenance zone.

(o)    Where placement of a cart would impede stopping sight distance and/or site distance for any driveway or intersection.

(p)    On city-owned property without prior city approval.

2.    Notwithstanding any specific prohibitions in this subsection, no vendor shall install, use or maintain a cart where placement endangers the safety of persons or property.

3.    Notwithstanding the requirements of this section, a bulky item, as defined in Section 5.08.005, may include a cart, as described in subsections (A)(1), (A)(8), (A)(14), and (A)(18) of this section, and is subject to disposal pursuant to Chapter 5.08 if the cart has been abandoned or discarded, as described in Section 5.08.010 or 5.08.020.

4.    In order to protect the safety, health and welfare of the public, and in order to avoid any collisions in the ingress and egress into any public park, no person shall sell, expose for sale or offer to sell any goods, wares or merchandise of any kind in or along any public street, lane, or thoroughfare adjoining or approaching any public park within the city within two hundred feet of said park.

G.    Monitoring and Compliance.

1.    A vendor, licensee, or operator issued a citation shall be subject to the following fines:

(a)    Vending without a Valid Permit or License.

(1)    An administrative fine of two hundred fifty dollars for a first violation;

(2)    An administrative fine of five hundred dollars for a second violation;

(3)    An administrative fine of one thousand dollars for a third violation; and

(4)    An administrative fine of one thousand dollars for a fourth and each subsequent violation and confiscation of the cart, food and merchandise.

(5)    The administrative fines listed in this subsection may be reduced from two hundred fifty dollars to one hundred dollars, five hundred dollars to one hundred fifty dollars and one thousand dollars to two hundred dollars upon submission of proof of permit or license to the city attorney.

(b)    Vending Which Violates a Requirement in This Section, Other Than Failure to Possess a Valid Permit or License.

(1)    An administrative fine of one hundred dollars for a first violation;

(2)    An administrative fine of two hundred dollars for a second violation;

(3)    An administrative fine of five hundred dollars for a third violation; and

(4)    An administrative fine of five hundred dollars for a fourth and each subsequent violation and revocation or suspension of permit or license and/or confiscation of cart, food and merchandise.

(c)    Unless otherwise specified herein, all citations issued for violations of this section shall be subject to the provisions set forth in Chapter 1.59, including, but not limited to, the administrative hearing and appeal process and the city’s authority to use any civil remedy available to collect any unpaid administrative fine, except that Section 1.59.100 shall not apply.

2.    The city may revoke or suspend a permit or license or order the confiscation of a cart, food and merchandise.

3.    Revocation of License or Permit.

(a)    Revocation or suspension proceedings shall be conducted pursuant to the requirements in the rules and regulations.

(b)    Prior to revocation or suspension, the city shall afford the vendor or cart owner a due process hearing.

(c)    A vendor whose license or permit is revoked may not renew their license or permit for one year.

4.    Confiscation of Cart and/or Food and Merchandise.

(a)    Confiscation proceedings shall be conducted pursuant to the requirements in the rules and regulations.

(b)    Prior to confiscation, the city shall afford the vendor or cart owner a due process hearing, except where the health and safety of the general population are at risk or the vendor is arrested.

(c)    A vendor whose license or permit is revoked may not renew their license or permit for one year.

H.    Vending in City Parks. Subject to the licensing requirements of subsection (D) of this section, vending of food or merchandise in a city park is permitted, except that no vending of food or merchandise by either mobile or stationary vendors shall be allowed in any city park owned and operated by the city where the city has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire. The city may adopt additional requirements regulating the time, place, and manner of sidewalk vending in a park owned or operated by the city if it finds that vending in city parks negatively affects health, safety, or welfare concerns; is necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities; or finds it necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park. In any event, vending in city parks shall not be permitted during any time in which the city park is closed to the public.

1.    For safety reasons to prevent fires, burns or other injuries, vending food within city parks shall be prohibited as follows:

(a)    Within one hundred feet of any concession area; and

(b)    Vending of food shall be restricted to areas within the park that are designated for cooking or barbecuing.

2.    In order to ensure the public’s use and enjoyment of natural resources and recreational opportunities, vending within city parks shall be prohibited as follows:

(a)    Within one hundred feet of any concession area;

(b)    Within one hundred feet of a playground; and

(c)    Within one hundred feet of any spectator seating or viewing area of any sports or recreational activity.

I.    Vending Within the Immediate Vicinity of a Permitted Certified Farmer’s Market or Permitted Swap Meet. No vending of food or merchandise is permitted within five hundred feet of a permitted certified farmer’s market or a permitted swap meet during the limited operating hours of that certified farmer’s market or swap meet. A “certified farmer’s market” means 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. A “swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.

J.    Severability. If any subsection, subdivision, clause, sentence, phrase or portion of this section is held unconstitutional or invalid or unenforceable by any court or tribunal of competent jurisdiction, the remaining subsections, subdivisions, clauses, sentences, phrases or portions of this section shall remain in full force and effect, and to this end the provisions of this section are severable.

(Ord. 2357 § 1, 12-11-18)

2.10.980 Severability.

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this chapter. The city council declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases or portions be declared invalid or unconstitutional.

(Ord. 2357 § 3, 12-11-18: Ord. 1948 § 1 (part), 5-25-93. Formerly 2.10.970)