(h) Crimes involving fraud, deceit, theft, embezzlement, forgery, bribery, perjury, identity theft, or other offenses demonstrating dishonesty or a breach of trust;
(i) Crimes involving violence, threats of violence, or conduct evidencing a reckless disregard for the safety, dignity, or bodily autonomy of another person; and
(j) Any attempt, conspiracy, solicitation, aiding and abetting, or accessory offense related to the foregoing conduct.
Disqualifying conduct. The occurrence, by any person who establishes, maintains, administers, oversees, manages, operates, or works at the subject massage establishment, of any of the following events within five years immediately preceding the date of filing of the application in question or, in the case of revocation or suspension proceedings, within five years of the date of notice of hearing pursuant to § 5-3-8:
(1) A conviction in a court of competent jurisdiction of:
(a) Any crime specified in California Government Code § 51030 et seq.;
(b) Any misdemeanor or felony offense which relates directly to the operation of a massage establishment or to the performance of a massage, whether as a massage establishment owner, operator, massage technician or employee thereof;
(c) A violation of any provision of law pursuant to which a person is required to register under the provisions of the California Penal Code § 290, or conduct in violation of the California Penal Code §§ 266h, 266i, 314,315, 316, 318, or subsections (a), (b) or (d) of the California Penal Code § 647, or an attempt to commit or conspiracy to commit any of the above mentioned offenses, or any other crime involving dishonesty, fraud, deceit, or moral turpitude or when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of the California Penal Code §§ 415, 602 or any lesser included or related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes, or any crime committed while engaged in the ownership of a massage establishment or the practice of massage.
(d) Any felony offense involving the sale of a controlled substance specified in the California Health and Safety Code §§ 11054, 11055, 11056, 11057, or 11058;
(e) Conspiracy or attempt to commit any of the aforesaid offenses;
(f) Any lesser-included offense of any of the aforesaid offenses; or
(g) Any offense in a jurisdiction outside of the State of California which is the equivalent of any of the aforesaid offenses.
(2) Within five years of the date of the filing of the application in question or any time after the filing of the application or any time after the issuance of a license, the licensee has had revoked any massage establishment, operator, massage practitioner, technician, therapist, trainee or similar license issued by the state or any county or city;
(3) Has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to the California Penal Code §§ 11225 through 11235, or any similar provisions of law in a jurisdiction outside the State of California;
(4) Touching the specified ana tomical areas, whether or not the same are covered, of oneself or of another person while providing massage services or while within view of a customer or patron of the massage establishment, or engaging in specified sexual acts with oneself or another person while providing massage services or while within view of a customer or patron of the massage establishment; or (5) Ex
posing specified anatomical areas, whether or not the same are covered, of oneself or of another person to view while providing massage services or while within view of a customer or patron of the massage establishment. (6) The issuing officer shall deny an initial application for a massage establishment license or an application for renewal of a massage establishment license if the business administrator finds in writing:
(A) That the applicant, massage establishment licensee, res ponsible person and/ or owners of the
massage business, have engaged in unlawful activity, or been convicted of any of the following offenses or convicted of an offense outside the State that would have constituted any of the following offenses if committed within the State;
(B) That
the applicant/responsible person, owners and/or employees of the massage business have engaged in unprofessional conduct, including, but not limited to, personal conduct or operation of a business resulting in denial of a license, revocation, suspension, restriction, or any other disciplinary action taken against an applicant, licensee, responsible person, owner and/or employee by the city, by another state, by any other governmental agency, or by the California Massage Therapy Council.
Emplo
yee. Includes every owner, partner, manager, supervisor and worker, whether paid or not, who renders any services of any nature in the operation of a massage establishment, with or without compensation.
Issuing officer. Has the same
meaning as defined in § 5-2-1.
License. A business license iss
ued pursuant to this Title 5 to operate a massage establishment.
Licens
ee. A person that holds a valid license and has obtained all other necessary approvals from the city to operate a massage establishment.
Mana
ger. An individual who manages or who is otherwise primarily responsible for the operation of the massage establishment, and shall include each and every person responsible for establishing personnel policy, hiring personnel, ensuring that the establishment complies with the requirements of this code and of other laws, and of establishing and administering any and all policies established by the owner for the operation of the establishment.
Massa
ge. The scientific manipulation of the soft tissues, including, but not limited to, any method of treating any of the external parts of the body for remedial, health or hygienic purposes by means of, including, but not limited to, rubbing, pressuring, acupressuring, kneading, tapping, pounding, vibrating or stimulating with the hands, feet, elbows or any other part of the body, with or without the aid of any instrument or device and with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparations commonly used in this practice, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on their behalf will pay money or give any other consideration or any gratuity therefor.
Massa
ge establishment. Any establishment having a fixed place of business where any individual, person, firm, association, partnership, corporation, joint venture, limited liability company, or combination of individuals that engages in, conducts, carries on, or permits to be engaged in, conducted, or carried on for consideration,
massages, baths, or health treatments involving massages or baths as regular functions. The term “massage” also includes the following businesses, callings, or occupations:
(1) Acupressure;
(2) Anatomy care;
(3) Body wrap;
(4) Holistic health center or practitioner;
(5) Holistic therapy;
(6) Hydro therapy;
(7) Public bath;
(8) Sauna;
(9) Sports massage;
(10) Stress management center;
(11) Toxic herbal massage;
(12) Massage parlor; or
(13) Reflexology.
Massagist or massage technician. Any massage practitioner or massage therapist who administers to another person, for any form of compensation, a massage or other similar procedure.
Owner. Any person who has an ownership interest in a massage establishment, including officers, directors, members, partners, principals and each shareholder or interest holder holding more than 5% of the stock.
Person. Any individual, sole proprietorship, firm, partnership, corporation, association or any combination of individuals of whatever form or character.
Specified sexual activities. As defined in § 5-1-1 of the Orange County Code.
Specified anatomical areas. As defined in § 5-1-1 of the Orange County Code.
§ 5-3-2 Massage establishment license required.
(A) License required. Any massage establishment seeking to operate within the city must first apply for and be issued a license for the massage establishment by the city. It is unlawful for any person to engage in, conduct or carry on any massage establishment or massage within the city without said license from the city. Said license may only be distributed to the licensee.
(B) Exemptions. The provisions of this subchapter do not apply to the following:
(1) Treatment administered in good faith in the course of practice of any healing art or profession by any person licensed to practice any such art or profession under the California Business and Professions Code, or any other law of this state, including physicians, surgeons, chiropractors, osteopaths, podiatrists and physical therapists;
(2) Nurses registered under the laws of the state while performing activities encompassed by such professional licenses;
(3) Barbers, estheticians and beauticians who are duly licensed under the laws of the state while engaging in practices within the scope of their licenses;
(4) Hospitals, nursing homes, sanatoriums or other health facilities duly licensed by the state;
(5) Coaches and trainers in accredited high schools, junior colleges and colleges or universities acting within the scope of their employment;
(6) Trainers of amateur, semi-professional or professional athletes or athletic teams so long as such persons do not practice massage therapy as their primary occupation at any location where they provide such services in the city; or
(7) Any profession over which the state has assumed exclusive jurisdiction as a matter of statewide concern and which gives the services or treatments included in the term “massage”, as herein defined, as incidents to such business, calling or profession.
§ 5-3-3 Restrictions and regulations.
The requirements of this section are in addition to the other provisions of this subchapter, the zoning code and any other conditions imposed by the city.
(A) Employees. It is the responsibility of the licensee to ensure that each and every person who performs massage on the premises holds a CAMTC license issued by the state. Nothing contained herein shall relieve the licensee of the responsibility of ascertaining, prior to employment, whether said person has an active, unrevoked massage technician’s license from CAMTC.
(B) Name of business. No licensee licensed under this subchapter may operate under any name or conduct the business under any designation not specified in the license.
(C) Permits not assignable. No license may be sold, transferred or assigned by the licensee, or by operation of law, to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such license and such license shall thereafter be deemed terminated and void; provided and excepting, however, that if the licensee is a partnership and one or more of the partners should withdraw, one or more of the remaining partners may acquire, by purchase or otherwise, the interest of the partner or partners who withdrew without effecting a surrender or termination of such license and in each case the licensee shall thereafter be deemed to be the surviving partner(s).
(D) Vested rights. No license granted herein shall confer any vested right to any person or business for more than the license period. All massage operators, managers and technicians subject to this subchapter shall comply with the provisions of this subchapter as they may be amended hereafter.
(E) Sale or transfer of license. Upon the sale or transfer of any interest in a massage establishment or any entity owning such massage establishment, the license issued pursuant to this Municipal Code shall be null and void unless the sale or transaction is to an applicant shown on the application for the license pursuant to which the establishment was operated. A new application shall be made by any person desiring to own or operate such massage establishment.
(F) Licensee responsibility. It is the responsibility of a licensee to ensure that a massage establishment complies with all applicable state and locals laws, and any regulations promulgated thereunder, at all times. In construing and enforcing this subchapter and any regulations promulgated under this subchapter, the act, omission or failure of an agent, officer, representative or other person acting for or employed by a licensee, within the scope of their employment or office, shall, in every case, be deemed the act, omission or failure of the licensee.
(G) Multiple licenses. Any person carrying on or conducting more than one of the businesses for which a license is required under this title shall obtain a license for each such business. Notwithstanding § 5-2-15, any person carrying on a licensed activity at more than one place of business shall obtain a new and separate license for each place of business.
§ 5-3-4 Massage regulations.
All massage establishments and massage technicians in the city must operate in conformance with the following regulations.
(A) CAMTC license requirement. It is unlawful for any person to perform, practice or administer a massage within the city without first obtaining a certificate issued by the California Massage Therapy Council pursuant to the California Business and Professions Code § 4600 et seq., or successor provision or provisions. No licensee shall employ any person as a massagist or in a massage establishment in that capacity who does not have a current and valid certificate issued by CAMTC pursuant to the California Business and Professions Code § 4600 et seq., or successor provision or provisions, or whose certificate is not in good standing.
(B) Management of massage establishments. A licensee must have the premises supervised at all times when open for business by the operator or a designated manager. A person designated as the responsible operator or manager shall be on the premises at all times of operation and must be registered with the city by the owner to receive all complaints and citations. The appointment of an operator or manager in charge must be in writing with the operator or manager in charge acknowledging this appointment.
(C) Employee register. The massage establishment must maintain a register of all people employed as a massage technician by the establishment. The register shall be maintained on the premises for a minimum period of two years after massage technicians cease their employment. The register must be updated when a massage technician is added or discontinues services at the establishment. The register shall also be made available for inspection by representatives of the city at any time during the establishment’s business hours. The register must include the following information:
(1) The proper name of each massage technician, including their first, middle and last names;
(2) Any nicknames, pseudonyms or aliases used by each massage technician;
(3) Each massage technician’s current residence address and relevant phone numbers;
(4) The age, date of birth, gender, height, weight, color of hair and eyes of each massage technician;
(5) All information contained in a massage technician’s massage certificate, including certificate number, date of issuance and expiration date; and
(6) The date of hire and, if applicable, termination.
(D) Facility requirements. All massage establishments must comply with the following facilities requirements and any other conditions specified by the city.
(1) A recognizable and readable sign shall be posted at the main entrance identifying the establishment as a massage establishment; provided that all such signs shall comply with the sign requirements of the city. The massage establishment license and the massage certificates for each massage technician shall be displayed in an open and conspicuous place readily visible, such as in the lobby of the massage establishment.
(2) If shower facilities are provided, an enclosed changing area, directly adjacent to the shower, shall be provided. The changing area shall be designed to allow the patron utilizing the shower facility to exit the shower, and enter the changing area, without being exposed or visible to any other area of the massage establishment. A private changing area shall be provided for each shower facility provided. The minimum dimension of the changing area shall be 25 square feet and meet ADA standards.
(3) A minimum of one separate toilet and washbasin shall be provided in each massage establishment for the use of employees of any such establishment. Said basin shall provide soap or detergent and hot and cold running water at all times, and shall be located within or as close as practicable to the area devoted to the performing of massage services. In addition, there shall be provided at each washbasin sanitary towels placed in permanently installed dispensers.
(4) The storefront windows of the massage establishment shall be transparent to provide clear visibility into the unit, and the windows shall not be obscured by curtains, blinds or other temporary devices during operating hours; however, if the storefront windows are for a room where massage will occur this requirement shall not apply.
(5) (a) If an establishment is proposing the use of table showers in the facility, the entire massage room where the table shower is located shall be designed and built as a shower facility.
(b) The floor and walls shall be designed and built to be waterproof per California Building Code requirements.
(6) The room shall drain properly per the California Building Code.
(7) Locking doors are prohibited for any interior rooms where permitted massage services are rendered.
No changing rooms or other types of rooms designed for privacy, if provided, shall be used to render massage services. In the context of this section, “locking doors” shall mean any type of device, temporary or permanent, living or otherwise, which restricts, prohibits, or slows entry into a room, or provides advanced notice of entry.
Signs that state a massage is in progress are permitted.
(8) Cabinets or covered space shall be provided for the storage of clean linen. Safe and sanitary receptacles shall be provided for the storage of all soiled linen and paper towels.
(9) No massage establishment shall be located within a residential structure.
(10) Human Trafficking Notice. Each massage establishment shall comply with the public notice requirements set forth in the California Civil Code § 52.6, as may be amended.
(11) No surveillance cameras, closed circuit cameras, video or audio recording devices of any type shall be used in any room where massage services are taking place, restrooms, customers and shower rooms or room where patrons would otherwise have an expectation of privacy when not in the immediate presence of an employee of the establishment. Furthermore, no employee shall record (video or audio) in any of the areas listed above for the purposes of monitoring the performance of a massage, any conversations or other sounds in the massage rooms.
(E) Operational requirements. All massage establishments must comply with the following operating requirements and any other conditions specified by the city.
(1) It is unlawful and prohibited for any owner, operator, responsible managing employee, manager, licensee, employee or independent contractor expose any of their specified anatomical areas to another person at the massage establishment.
(2) In no circumstance may any specified sexual activities take place at any time at the massage establishment; nor may any massage technician or employee make intentional physical contact with the specified anatomical areas of any client, patron, customer or guest.
(3) No person may live inside the massage establishment at any time. There shall be no beds located in areas not designated specifically as massage rooms.
(4) No massage establishment employing a massage technician shall be equipped with tinted or one-way glass in any room or office.
(5) There shall be no display, storage or use of any instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities, including, but not limited to, vibrators, dildos or condoms, or any goods or items which are replicas of, or which simulate, specified anatomical areas, or pornographic magazines, videos or other material.
(6) 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 in each massage business or establishment. All letters and numbers shall be capitals not less than one inch in height. No services shall be performed and no sums shall be charged for services other than those posted. This posting requirement shall not apply to exempt physicians and/or surgeons who employ or retain non-exempt persons to perform massage therapy as part of licensed medical activities. All arrangements for services to be performed shall be made in a room that is not used for massage therapy.
(7) Alcoholic beverages may not be sold, served, furnished, kept, consumed, imbibed or possessed on the premises without a conditional use permit approved in compliance with Title 9, Chapter 1, Subchapter 2, Article 11 and any applicable California Department of Alcoholic Beverage Control licenses.
(8) Hours of operation shall be limited to the hours of 7:00 a.m. to 10:00 p.m. daily. The hours of operation shall be clearly displayed within a common area of the facility, or may be displayed as a form of window signage in compliance with Title 9, Chapter 1, Subchapter 2, Article 7.
(9) The owner or operator of each massage establishment shall display the massage establishment license issued to the establishment and the CAMTC license issued to each massage technician employed in the establishment in an accessible and conspicuous place on the premises. CAMTC certified massage practitioners shall
have their original state certification at their place of business and their identification card in their possession while providing massage services.
(10) No massage services shall be provided to a patron that results in intentional contact, or occasional repetitive contact, with specified anatomical areas.
(11) No person shall give, or assist in giving, any massage or other body treatment to any other person under the age of 18 years, unless the parent or guardian of the minor person has consented thereto in writing.
(12) All clients shall enter and exit through the front door of the business. The front door shall face the street or, if no street-facing door exists, the door that is most visible from the customer-oriented and publicly accessible area of the property. No entrance to any massage business shall be provided or permitted adjacent to any service/delivery area, city alley, utility/maintenance area, or, in the case of multi-tenant buildings or commercial centers, directly accessible to covered parking areas that are not directly accessible by other tenant suites visible from the massage business’s entry. “Directly accessible” in the context of this section means public access to a business which occurs without passage through a common entryway, hall, staircase, courtyard, or corridor that provides the main public access to multiple tenant suites in the building or commercial center.
(13) Transaction of funds shall only occur at a designated location near the front door of the store.
(F) Attire requirements. All employees, including massage technicians, must, at all times while on the business premises, wear clean clothing that is not transparent, see-through or that substantially exposes undergarments, breasts, buttocks or genitals.
(G) Illegal activity. Massage establishments are prohibited from operating anywhere on the property where illegal activity previously occurred.
(H) Proximity to other establishments. Massage establishments are prohibited from operating within 500 feet of another massage establishment.
(I) Human Trafficking Notice. Each massage establishment shall comply with the public notice requirements set forth in the California Civil Code § 52.6, as may be amended.
§ 5-3-5 Authority to Administer and Enforce Subchapter.
The issuing officer has the authority to administer and enforce this subchapter. The issuing officer may adopt supplemental regulations or policies to implement and interpret this subchapter.
§ 5-3-6 Inspection and Enforcement.
(A) Violations. It is unlawful and declared a public nuisance for any person to operate, conduct or maintain a massage establishment contrary to the provisions of this subchapter.
(B) State law. This subchapter is intended to supplement state law. In the event of a conflict between this subchapter and state law, the city shall give effect to state law.
(C) Interference with inspection. It is unlawful for any person having responsibility over the operation of a massage establishment to impede, obstruct, interfere with or otherwise not to allow the city to conduct an inspection and review or copy records, recordings or other documents required to be maintained by a massage establishment
under this subchapter or under state law. Failure to cooperate with or refuse an inspection is subject to suspension, revocation or nonrenewal of a license. It is also unlawful for a person to conceal, destroy, deface, damage or falsify any records, recordings or other documents required to be maintained by a massage establishment under this subchapter.
(D) Criminal penalties. Any person who violates any provision of this subchapter is guilty of a misdemeanor punishable in accordance with in Title 1 Chapter 1; except the City Attorney, in their discretion, may prosecute a violation of this subchapter as an infraction subject to the penalties in Title 1, Chapter 1.
(E) Administrative citations. Administrative citations may be issued for violations of the provisions of this subchapter, as set forth in Title 1, Chapter 3, Subchapter 2.
(F) Civil or equitable enforcement. The City Attorney may bring a civil or equitable action to seek the abatement of any violation of this subchapter.
(G) Aiding, abetting and omissions. Whenever in this subchapter any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission.
(H) Ongoing violations. Each and every day a violation is maintained, caused, aided, abetted, concealed, suffered or permitted is a separate offense.
(I) Remedies cumulative. The remedies, procedures and penalties provided by this subchapter are cumulative to each other and to any other available under city, state or federal law.
§ 5-3-7 Application Review and Decision.
(A) On-site inspection. An application for a massage establishment license shall require the review authority to perform an on-site inspection of the subject premises before confirming that the request complies with all the applicable criteria set forth in this § 5-3-4 and any other related code or policies.
(B) Findings for license issuance. The issuing officer may approve a massage establishment license only if they find that the applicant fulfills the requirements as set forth in this subchapter.
(C) Grounds for denial. After the completion of the city’s application review, the issuing officer may, in addition to the grounds of denial set forth in § 5-2-5, deny the issuance a massage establishment license if any of the following findings are made:
(1) The requirements of this subchapter have not been satisfied, including if the applicant failed to submit a complete application, failed to submit any supplemental information or documentation upon request or failed to pay the requisite application fee;
(2) The applicant or any owner has had any massage, business or professional license or permit denied, suspended or revoked by any agency, board, city, county, territory or state;
(3) The applicant has made a false, misleading or fraudulent statement or omission of fact to the city in the application, or in the license application process;
(4) The applicant or any owner has been convicted of an offense specified in the California Government Code § 51032 or has engaged in disqualifying conduct;
(5) The massage establishment does not employ or use only state certified massage practitioners and therapists whose certifications are valid and that owners of the state certificates are the same persons to whom CAMTC issued valid and current identification cards;
(6) The massage establishment as proposed by the applicant would not comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards; or
(7) The applicant is a natural person under 18 years of age.
(D) Decision. If the issuing officer determines that an applicant does not fulfill the requirements as set forth in this subchapter, the issuing officer must deny the application. The issuing officer may issue the license with conditions.
The issuing officer must serve the applicant with a written decision stating whether the application is approved, conditionally approved or denied within 90 calendar days of the filing of the completed application. The foregoing 90-day deadline is precatory only; failure to meet this deadline does not affect the power of the issuing officer to act on the application. The notice must state the reasons for the denial, the right of the applicant to contest the decision and that issuing officer’s decision may be contested in compliance with Title 5, Chapter 2.
(E) Right to contest decision. An applicant may contest the issuing officer’s decision denying an application for a massage establishment license in accordance with the timelines and procedures set forth in Title 5, Chapter 2. The issuing officer’s decision is final if no written request for a hearing is timely submitted to and received by the city.
(F) Limit on reapplication. If the issuing officer denies the application, a new application may not be submitted for a period of one year.
§ 5-3-8 Grounds for Suspension and Revocation of License.
(A) The issuing officer may suspend or revoke any license issued under this subchapter in any of the following circumstances:
(1) The issuing officer makes any findings necessary to deny a license under §§ 5-2-5 or 5-3-7;
(2) The licensee failed to comply with the provisions of this subchapter or any regulations adopted pursuant to this subchapter; any term or condition imposed on the license; California Business and Professions Code § 4600 et seq.; or any law of the state regulating massage establishments or massage technicians;
(3) The licensee employs or uses one or more non-CAMTC certified massage practitioners or massage therapists to perform massage services; or
(4) The licensee has engaged in disqualifying conduct.
(B) Contesting decision. The licensee may contest the issuing officer’s decision denying an application, or suspending, or revoking a license, in accordance with the procedures set forth in Title 5, Chapter 2.
(C) Limit on reapplication after revocation. If the issuing officer revokes a license, a new application may not be submitted for a period of one year.
§§ 5-3-59—5-3-14 Reserved.
TITLE 5 - BUSINESS AND SPECIAL LICENSES; BUSINESS REGULATIONS Division 3 - SPECIFIC ADDITIONAL LICENSE REQUIREMENTS AND BUSINESS REGULATIONS ARTICLE 2. SECURITY SYSTEMS AND SECURITY OFFICERS
Laguna Niguel, California, Code of Ordinances Created: 2025‐07‐24 16:42:55 [EST] (Supp. No. 30)
SUBCHAPTER 2. SECURITY SYSTEMS AND SECURITY OFFICERSRESERVED Sec. 5-3-15. Specific license requirements.
Every applicant for a security system license must have a private patrol operator's license issued by the state.
Every applicant for a security officer's license must be a citizen of the United States. (Ord. No. 90-11, § 5, 3-6-90)
Sec. 5-3-16. Security officers to wear badge and carry license.
While engaged in his duties as such, a security officer shall keep upon his person at all times his license and shall wear a badge approved by the chief of police, and shall wear no other badge of any kind, character or description, except a badge issued to him by a lawful governmental authority. (Ord. No. 90-11, § 5, 3-6-90)
Sec. 5-3-17. Employees of security systems to be registered and licensed.
The operator of a security system shall neither employ nor utilize the services in any way of a security officer whose name is not registered with the chief of police, and who does not possess a valid, subsisting security officer's license.
(Ord. No. 90-11, § 5, 3-6-90)
Sec. 5-3-18. Vehicles and emblem.
Licensees under this article shall not use any vehicle which is painted in such a manner or in such colors as to cause it to be in imitation of or which can be mistaken for an official patrol or traffic vehicle of the county sheriff or of any police department of any city within the county, nor shall any such vehicle display any emblem or decal which is an imitation of or can be mistaken for any official vehicle emblem or decal of the county sheriff or of any police agency of any city within the county.
(Ord. No. 90-11, § 5, 3-6-90)
Sec. 5-3-19. Weapons and equipment.
The chief of police shall specify the police equipment, including weapons, which a licensee under this article may wear or carry while on duty. A licensee shall not wear any equipment or weapon or carry any weapon not so specified.
(Ord. No. 90-11, § 5, 3-6-90)
Created: 2025‐07‐24 16:42:55 [EST]
(Supp. No. 30)
Sec. 5-3-20. Uniform.
A licensee under this article shall not wear any badge or uniform which is in imitation of or can be mistaken for an official sheriff's or marshal's badge or uniform or an official police uniform of the police force of any city within the county, or an official uniform of any state officer. (Ord. No. 90-11, § 5, 3-6-90)
Secs. 5-3-21—5-3-25. Reserved.
Sec. 5-3-26. Rank and title of licensees.
A licensee under this article shall not assume or use a rank or title the same as or similar to any rank or title used by the county sheriff or by any police department within the county. (Ord. No. 90-11, § 5, 3-6-90)
Sec. 5-3-27. Assignment of rank and title to security officers.
The operator of a security system shall not use, grant or bestow or permit any security officer to assume or use any rank or title the same as or similar to any rank or title used by the county sheriff or by any police department within the county.
(Ord. No. 90-11, § 5, 3-6-90)
Sec. 5-3-28. Licensee's actions restricted to patrolled property.
A licensee under this article shall not, either by himself or through the actions of another, harass, annoy or commit a nuisance against or injure the property of or unnecessarily enter or otherwise trespass upon the property of any person whose property the licensee is not employed to protect. (Ord. No. 90-11, § 5, 3-6-90)
Sec. 5-3-29. Licensees restricted from performing police duties.
A licensee under this article shall not perform official police or investigation activities, but shall immediately report every violation of law and every unusual occurrence to the chief of police. A licensee shall make a full report of such violation or other occurrence without unnecessary delay to the chief of police. (Ord. No. 90-11, § 5, 3-6-90)
Sec. 5-3-30. Investigation of complaints.
All complaints regarding the activities of a licensee under this article shall be investigated by the chief of police. Reports of such complaints shall be held in the files of the chief of police and shall be subject to inspection of the city council at all times.
(Ord. No. 90-11, § 5, 3-6-90)
Created: 2025‐07‐24 16:42:55 [EST]
(Supp. No. 30)
Sec. 5-3-31. Return of license.
(a) A security officer shall surrender h is license to his employer when his license is revoked or when he ceases to be employed as a security officer by the security system designated on his license. (b) The licensee of a security system sh all inform the chief of police within five days after any security officer no longer is an owner, member or employee of such licensee, and shall return the license of such security officer, or the revoked license of a security officer, to the chief of police. (Ord. No. 90-11, § 5, 3-6-90)
§§ 5-3-3215—5-3-41 Reserved.
SUBCHAPTER 3. TAXICAB STANDSRESERVED
Sec. 5-3-42. Specific license requirements.
Every applicant for a license for a taxicab stand must show to the satisfaction of the issuing officer that the location of the stand is such that it will not interfere with the use of the street or highway by the public nor endanger the safety of the traveling public and that the public convenience and necessity require the establishment of the stand.
(Ord. No. 90-11, § 5, 3-6-90)
Sec. 5-3-43. Designation.
(a) Every taxicab stand established under this article sh all be indicated by white paint upon the entire curb surface and a six-inch-wide white line boxing in the stand area. Inside the enclosed area, on the street surface, shall be painted, in white letters of 24 inches minimum height, the words "TAXI ONLY." (b) The painting of the curb surface, lines and wording shall be done at the sole expense of the applicant both as to the initial work and any subsequent repainting which in the opinion of the director of community development is necessary. All work shall be done to the satisfaction of the director of community development.
(Ord. No. 90-11, § 5, 3-6-90)
§§ 5-3-442—5-3-53 Reserved.
SUBCHAPTER 4. RESERVED
§§ 5-3-54—5-3-69 Reserved.
SUBCHAPTER 5. RESERVED
Created: 2025‐07‐24 16:42:55 [EST]
(Supp. No. 30)
§§ 5-3-70—5-3-80 Reserved.
SUBCHAPTER 6. STORAGE AND TRANSPORT OF MANURE, GARBAGE, ETC.RESERVED
Sec. 5-3-81. Sanitary conditions required.
Any person maintaining on his premises a distributing point where manure or stable, barnyard, cow yard or poultry yard refuse is loaded from one vehicle or receptacle to other vehicles or receptacles for the purpose of distribution shall keep such premises in a clean and sanitary condition so that the premises will not become a nuisance or a health or fly menace to the surrounding community. The health department is hereby vested with the power and authority to establish and enforce such reasonable regulations as in its judgment shall be necessary for the control of fly breeding and other health menaces in connection with such premises. (Ord. No. 90-11, § 5, 3-6-90)
Sec. 5-3-82. Standing time for transport vehicles on railroads and highways. (a) It shall be unlawful for any person to allow any railroad car or other vehicle containing manure or stable, barnyard, cow yard or poultry yard refuse or other offensive or nauseous substance to stand upon or along any railroad or upon or along any public street or highway or any public place for any longer period than is reasonably necessary for the unloading and distribution of the manure, refuse or other substance, and such time in any event is not to exceed 48 hours.
(b) It shall be unlawful for any person to allow to stand for a period longer than is reasonably necessary, and in any event to allow to stand for longer than 48 hours, any manure or stable, barnyard, cow yard or poultry yard refuse or other offensive or nauseous substance which has been deposited upon or along the line of any railroad or upon or along any public street or highway or any other public place in the city. (Ord. No. 90-11, § 5, 3-6-90)
Sec. 5-3-83. Transport generally.
It shall be unlawful for any person to haul, transport or convey or to cause or permit to be hauled, transported or conveyed any manure or stable, barnyard, cow yard or poultry yard refuse, garbage or other nauseous substance upon or along any public street or highway in the city, except in a vehicle so constructed, maintained and covered that such manure or stable, barnyard, cow yard or poultry yard refuse, garbage or other nauseous substance shall not escape from any such vehicle, box or other receptacle in, into or upon any such public street, alley or public place, or permeate the atmosphere. (Ord. No. 90-11, § 5, 3-6-90)
§§ 5-3-841—5-3-93 Reserved.
SUBCHAPTER 7. RESERVED
Created: 2025‐07‐24 16:42:55 [EST]
(Supp. No. 30)
§§ 5-3-94—5-3-104 Reserved.
SUBCHAPTER 8. SECONDHAND DEALERS, PAWNBROKERS AND COIN-CURRENCY
DEALERS
§ 5-3-105 Report of acquired property; identification of seller. (a) Every pawnbroker, secondhand dealer, junk dealer and coin-currency dealer shall report all personal property which they have purchased, taken in trade, taken in pawn or accepted for auctioning to the chief of police not later than 12:00 p.m. of the day following the acquisition of such property. (B) Every person, or the agent, employ ee or representative of such person, who buys, sells, holds or receives in pledge any used or secondhand merchandise, junk, metals, precious metals, antiques or any personal property shall obtain evidence of the identity of the seller, including but not limited to such person's full name, signature, address, telephone number and driver's license number, and ascertain that the person selling or delivering the property has a legal right to sell, dispose of or pledge the property. The burden shall be upon the purchaser of the property to show that, before buying, receiving or otherwise obtaining such property, they made reasonable inquiry as to its ownership. (C) The following property is excepted from the report requirements of this section:
(1) Property acquired in good faith in a transaction involving the stock in trade of another pawnbroker, secondhand dealer or coin-currency dealer who previously has made the report required by this section of such property included in the transaction and who states in writing that the report so required has been made, provided the acquiring party submits a copy of such statement to the chief of police. Each of the pawnbrokers, secondhand dealers or coin-currency dealers involved in the transaction shall retain a copy of the statement for a period of three years, and it shall be available for inspection by any law enforcement officer;
(2) Property acquired in a nonjudicial sale, transfer, a ssignment, assignment for the benefit of creditors, or consignment of the assets or stock in trade, in bulk, or a substantial part thereof, or an industrial or commercial enterprise for purposes of voluntary dissolution or liquidation of the seller's business, or for the purpose of disposing of an excessive quantity of personal property, or which has been acquired in a nonjudicial sale or transfer from an owner of their entire household of personal property, or a substantial part thereof; provided the pawnbroker, secondhand dealer or coin-currency dealer retains in their place of business for a period of three years a copy of the bill of sale, receipt, inventory list or other transfer document, which shall be available for inspection by any law enforcement officer; and provided, further, that the pawnbroker, secondhand dealer or coin-currency dealer notifies the chief of police within ten days after such acquisition that exemption from reporting is being claimed under this section. The terms "industrial or commercial enterprise" and "owner," as used in this division (C)(2), do not include a pawnbroker, secondhand dealer or coin-currency dealer; (3) Property acquired in a sale made by any trustee in bankruptcy, executor, administrator, receiver or public official acting pursuant to law, or which has been acquired in a sale made pursuant to the liquidation of any lien in the manner authorized by law; (4) Property acquired in good faith as part or complete payment for other personal property by a person whose principal business is primarily that of selling or trading personal property directly to the consumer; provided, however, that in such transaction no consideration other than stock in trade shall pass from the business enterprise to the person trading or exchanging the used item;
(5) Property acquired directly from a governmental body or agency by purchase; (6) Property otherwise previously reported by a pawn broker, secondhand dealer or coin-currency dealer to any federal, state or local governmental officer or agency by the authority of any other law as an acquisition or a purchase, or which has been reported as destroyed or otherwise disposed of; and (7) Property acquired as a gift by a donee for charitable or eleemosynary purposes. (Ord. 90-11, § 5, passed 3-6-90)
§ 5-3-106 Report forms; records.
(A) The chief of police shall prepare and provide without charge forms to persons required to make reports pursuant to this subchapter. Such forms shall require such information as the chief of police may deem necessary to identify the parties to each reportable transaction, the property which is the subject thereof, and other details of the transaction which may aid them in law enforcement. (B) Every pawnbroker, secondhand dealer or coin-currency dealer shall keep a complete record of all personal property pledged to, purchased, received or sold by them, which record shall contain all the matters required to be shown in the reports referred to in this section. Every such record shall be open at all times during business hours to the inspection of any law enforcement officer. All reports and records required by the terms of this subchapter shall be written or printed in the English language in a clear and legible manner. (Ord. 90-11, § 5, passed 3-6-90)
§ 5-3-107 Retention of property; inspection of property.
Every pawnbroker, secondhand dealer and coin-currency dealer shall retain in their possession for a period of 30 days all personal property reported under the provisions of this subchapter. The 30-day holding period, with respect to such personal property, shall commence with the date the report of its acquisition is made to the chief of police by the pawnbroker, secondhand dealer or coin-currency dealer. At the written direction of any law enforcement officer, a pawnbroker, secondhand dealer or coin-currency dealer shall hold property which the officer has reason to believe is stolen for a period not to exceed 90 days from the date of placing such hold. Such property may be released at any time, but only upon written authorization of the chief of police. Such property shall be available at all times during business hours for inspection by any law enforcement officer. Each day, all articles which were acquired or accepted the preceding day shall be displayed for inspection. (Ord. 90-11, § 5, passed 3-6-90)
§ 5-3-108 Acceptance of property from minors.
No pawnbroker, secondhand dealer or coin-currency dealer shall buy, trade, accept on consignment or for auction, or loan money for property from any person under 18 years of age unless such person is accompanied by a parent, guardian or other person having legal custody of that minor. The broker or dealer must obtain written permission from the parent, guardian or other person having custody of the minor before the broker or dealer may buy, trade, accept for consignment or auction, or loan money for property from such minor. The written permission shall be included with the report which is required under § 5-3-106. The written permission shall include a statement that the minor is the owner of or has been duly authorized by the owner of the property to dispose of or pawn it, and it shall be executed either as an affidavit or as a declaration under penalty of perjury. (Ord. 90-11, § 5, passed 3-6-90)
Created: 2025‐07‐24 16:42:55 [EST]
(Supp. No. 30)
§§ 5-3-109—5-3-115 Reserved.
SUBCHAPTER 9. PUBLIC DANCESRESERVED
Sec. 5-3-116. Hours.
(a) It shall be unlawful for any person to conduct, encourage, participate or assist in conducting any public dance between the hours of 2:00 a.m. and 6:00 a.m. of any day. (b) It shall be unlawful for any pers on to conduct, participate in or assist in conducting any floorshow or entertainment at any public dance between the hours of 2:00 a.m. and 6:00 a.m. of any day. (Ord. No. 90-11, § 5, 3-6-90)
Sec. 5-3-117. Disorderly conduct.
It shall be unlawful for any person in charge of or assisting in the conducting of any public dance to permit any intoxicated, boisterous or disorderly person to enter, be or remain in or to assist in any public dance, and it shall be unlawful for any person in an intoxicated condition to enter or remain in any public dance or for any reason to conduct himself in a boisterous or disorderly manner in such public dance. (Ord. No. 90-11, § 5, 3-6-90)
§§ 5-3-1186—5-3-127 Reserved.
SUBCHAPTER 10. PEDDLERS, BUSINESS SOLICITORS AND CANVASSERS § 5-3-128 Misrepresentation in making sales.
It shall be unlawful for any peddler, food peddler, business solicitor or canvasser to make or perpetrate any misstatements, deceptions or fraud in connection with any sale or solicitation for orders or subscriptions. (Ord. 90-11, § 5, passed 3-6-90)
§§ 5-3-129—5-3-138 Reserved.
SUBCHAPTER 11. SOLICITATION AND SALES ON OR NEAR STREETS OR HIGHWAYS § 5-3-139 Reserved.
Ord. 2020-207, § 4, adopted Aug. 4, 2020, repealed § 5-3-139, which pertained to soliciting business and derived from Ord. 90-11, § 5, passed 3-6-90.
Created: 2025‐07‐24 16:42:55 [EST]
(Supp. No. 30)
§ 5-3-140 Reserved.
Ord. 2020-207, § 4, adopted Aug. 4, 2020, repealed § 5-3-140, which pertained to conducting business on right-of- way and derived from Ord. 90-11, § 5, passed 3-6-90.
§ 5-3-141—5-3-150 Reserved.
SUBCHAPTER 12. SHOWSRESERVED
Sec. 5-3-151. Applicability of article.
All licensed shows shall comply with the requirements of this article. (Ord. No. 90-11, § 5, 3-6-90)
Sec. 5-3-152. Food service.
All food handling and food preparation shall meet the requirements of the California Restaurant Act, Health and Safety Code div. 21, ch. 11.
(Ord. No. 90-11, § 5, 3-6-90)
Sec. 5-3-153. Toilet facilities.
Toilets shall be either water flush or the chemical type. The chemical type toilets shall be serviced by a licensed vacuum truck. An adequate number of toilets for each sex shall be provided according to the following table:
Number of Persons in
Attendance
Number of
Toilets
Required
Male Female
1 1—100 1—100
2 101—200 101—200
3 201—400 201—400
Over 400, add 1 fixture for each additional 500 males and 1 for each additional 300 females.
(Ord. No. 90-11, § 5, 3-6-90)
Sec. 5-3-154. Animal control.
All stock, such as ponies, dogs, monkeys or other animals, is to be kept tied or in cages, so as not to endanger human life or destroy growing crops or other property adjoining the showground. (Ord. No. 90-11, § 5, 3-6-90)
Created: 2025‐07‐24 16:42:56 [EST]
(Supp. No. 30)
Sec. 5-3-155. Water supply.
All water supplied for domestic use shall be from an approved source. (Ord. No. 90-11, § 5, 3-6-90)
Sec. 5-3-156. Fly control.
Fly breeding shall be controlled by removing all organic waste daily from the premises. This includes cleaning of the vehicles, upon arrival, that transport the animals. Insecticides, both residual and quick knockdown sprays, shall be available and used as directed by the health officer. (Ord. No. 90-11, § 5, 3-6-90)
Sec. 5-3-157. Final cleanup.
All manure, garbage, trash or other types of refuse shall be removed from the premises immediately after the last showing.
(Ord. No. 90-11, § 5, 3-6-90)
Sec. 5-3-158. Safety standards.
All electrical wiring, machinery, lighting and other electrical devices, all tents, grandstands and amusement rides, all compressed gas containers and inflammable liquids, and any and all other structural, mechanical, electrical and chemical materials, devices, structures or installations shall conform in all respects to the safety standards of the department of community development and the fire marshal. (Ord. No. 90-11, § 5, 3-6-90)
§§ 5-3-1591—5-3-168 Reserved.
SUBCHAPTER13. MOBILE X-RAY UNITSRESERVED
Sec. 5-3-169. Compliance with state law.
All mobile X-ray units shall comply with the requirements of the Radiation Control Law, Health and Safety Code § 25800 et seq., together with regulations enacted pursuant thereto. (Ord. No. 90-11, § 5, 3-6-90)
Sec. 5-3-170. Application for license; investigation.
Any person desiring to operate a mobile X-ray unit shall make application to the health officer on forms prescribed by him. The health officer shall cause to be conducted an investigation of the applicant for a license, to determine, among other things, the following items of information:
(1) Whether or not the unit has a valid state registration as provided by Health and Safety Code § 25800 et seq.
(2) Whether or not the applicant has complied with app licable laws, ordinances and regulations, including those relating to the reporting to the health officer of abnormal X-ray findings pursuant to regulations of the state department of public health.
(3) Whether the proper public notices, as required by state law and regulations enacted pursuant thereto and local ordinances, have been posted in or upon the mobile unit. (4) The location and mailing address of all film files to be maintained by the mobile unit as provided in this article.
(5) Whether the applicant and his specified personnel are qualified by reason of training and experience to operate a mobile X-ray unit in such a manner as to provide reasonable assurance of protection to health, life and property.
(6) Whether the applicant's equipment, facilities, proposed uses and procedures are such as to provide reasonable assurance of protection to health, life and property. (7) Such other information as shall be required by the health officer. (Ord. No. 90-11, § 5, 3-6-90)
Sec. 5-3-171. Issuance of license.
No license for operation of a mobile X-ray unit shall be granted, renewed or reinstated unless the health officer determines, upon completing his investigation, that the mobile X-ray unit is or can be operated in compliance with applicable laws, ordinances and administrative regulations, and in a manner not detrimental to the health of the patrons, employees and the general public, and that all operators of mobile X-ray equipment have been certified to operate the equipment by the health officer. (Ord. No. 90-11, § 5, 3-6-90)
Sec. 5-3-172. Duration of license.
Licenses issued under this article may be granted at any time during the year, but all licenses shall expire at the end of the calendar year.
(Ord. No. 90-11, § 5, 3-6-90)
Sec. 5-3-173. Operation generally.
All mobile X-ray units shall be operated so as to comply with the following conditions:
(1) No person under the age of 15 years is to be X-rayed unless such person has had a positive tuberculin skin test and presents a written statement, signed by a licensed practitioner of the healing arts, showing the method and the date of such positive skin test. A sign shall be posted in a prominent location on the mobile X-ray unit stating that no person under the age of 15 years is to be X-rayed unless such person has had a positive tuberculin skin test. (2) No pregnant woman shall be X-rayed in a mobile X-ray unit unless so ordered in writing by a licensed practitioner of the healing arts. A sign shall be posted in a prominent location on the mobile X-ray unit stating that no pregnant woman shall be X-rayed.
(3) The mobile X-ray operator shall require all persons, before being X-rayed, to complete an information form showing the following: name, age, sex, address and telephone number; the person's physician's name and address; if a female, whether pregnant; and, if under 15 years of age, whether the person has had a positive tuberculin skin test and the date of such test. (4) All X-ray films shall be retained by the operator for at least ten years. Each patient shall receive from the mobile X-ray operator a report of his X-ray findings within 30 days. Every 30 days, the operator shall submit to the health officer a report of the total number of X-ray films taken during the preceding calendar month.
(5) The mobile X-ray operator shall make X-ray films available for use by the physician of the person X- rayed, provided the person gives his consent in writing. The operator may make a reasonable charge for such service.
(6) A sign shall be posted in a promin ent location on the mobile X-ray unit stating essentially the following:
"A chest X-ray film is a useful aid to the physician in diagnosing chest disease. It is not a complete examination. See your family doctor for an examination at least once a year." The health officer shall have the right to determine the location, size and wording of all required signs. (7) At least 14 calendar days prior to the operation of a mobile X-ray unit in any location, the operator shall notify the health officer of the address, city or area, together with the dates and hours of such operation.
(8) The name and address of the mobile X-ray operator shall be plainly printed on each side of the exterior of the vehicle or trailer in letters at least three inches high. The name and address of the mobile X-ray operator shall appear on all forms, letters, pamphlets or other printed matter used in conjunction with the unit. Neither the sign nor the printed matter shall contain any statement, expressed or implied, that the mobile X-ray unit is associated with any health department or other public or private health agency.
(9) The mobile X-ray operation shall comply with a ll applicable city ordinances and resolutions while operating within the city.
(Ord. No. 90-11, § 5, 3-6-90)
Sec. 5-3-174. Operation by unauthorized persons prohibited.
No mobile X-ray unit shall be operated unless the operator thereof has been licensed as provided in this article. No mobile X-ray unit shall be operated by any person other than the applicant for the license or the persons specified in his application.
(Ord. No. 90-11, § 5, 3-6-90)
§§ 5-3-17569—5-3-184 Reserved.
SUBCHAPTER 14. COMMERCIAL MANURE DEALERSRESERVED
Sec. 5-3-185. Registration required.
It shall be unlawful for any commercial manure dealer to gather, collect, haul, stockpile, spread or sell any manure or manure-like substance within the city without first registering with the health officer on forms prescribed by him. Such registration shall expire at the end of each calendar year and shall be renewed annually during the first week in January. There shall be no fee for such registration or for any subsequent renewal.
Created: 2025‐07‐24 16:42:56 [EST]
(Supp. No. 30)
(Ord. No. 90-11, § 5, 3-6-90)
Sec. 5-3-186. Penalty for failure to register.
Failure to register as a commercial manure dealer as provided in this article shall constitute a misdemeanor punishable, upon conviction thereof, by a fine not exceeding $500.00 or 100 days' imprisonment in the county jail, or by both such fine and imprisonment.
(Ord. No. 90-11, § 5, 3-6-90)
§§ 5-3-1875—5-3-196 Reserved.
ARTICLE 15. PROHIBITION ON FLAVORED ELECTRONIC CIGARETTE PRODUCTS § 5-3-197 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Associated product. A product intended for use with an electronic cigarette, including but not limited to flavor refills, cartridges, and component parts, whether or not the product contains nicotine.
Characterizing flavor. A taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of an electronic cigarette product or any byproduct produced by the electronic cigarette product, including, but not limited to, tastes or aromas relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice; provided, however, that an electronic cigarette product shall not be determined to have a characterizing flavor solely because of the use of additives or the provision of ingredient information.
Electronic cigarette. Any electronic and/or battery-operated device or delivery system sold in combination with nicotine or other substances, in aerosolized or vaporized form, including, but not limited to, an e-cigarette, e- cigar, e-pipe, vape pen, or e-hookah. Electronic cigarettes include any component, part, or accessory of such a device that is used during the operation of the device when sold in combination with any liquid or substance containing nicotine. Electronic cigarettes also include any liquid or substance containing nicotine, whether sold separately or sold in combination with any device that could be used to deliver to a person nicotine in aerosolized or vaporized form. Electronic cigarettes do not include any battery, battery charger, carrying case, or other accessory not used in the operation of the device if sold separately. Electronic cigarettes shall not include any drug, device, or combination product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where that product is marketed and sold solely for such approved use.
Electronic cigarette paraphernalia. Any item designed or marketed for the consumption, use, or preparation of electronic cigarette products.
Electronic cigarette product. Includes:
(1) any electronic cigarette; and
(2) any associated product, component, part, or accessory intended or reasonably expected to be used with an electronic cigarette, whether or not sold separately.
Electronic cigarette retailer. Any person who sells, offers for sale, or does or offers to exchange for any form of consideration, electronic cigarettes, electronic cigarette products or electronic cigarette paraphernalia.
"Electronic cigarette retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of electronic cigarette products or electronic cigarette paraphernalia sold, offered for sale, exchanged, or offered for exchange.
Flavored electronic cigarette product. Any electronic cigarette product that imparts a characterizing flavor.
There shall be a rebuttable presumption that an electronic cigarette product is a flavored electronic cigarette product if an electronic cigarette retailer, manufacturer, or any employee or agent of an electronic cigarette retailer or manufacturer has made a statement or claim directed to consumers or to the public that the electronic cigarette product has or produces a characterizing flavor including, but not limited to, text, color, and/or images on the product's labelling or packaging that are used to explicitly or implicitly communicate that the electronic cigarette product has a characterizing flavor.
Labeling. Written, printed, or graphic matter upon any electronic cigarette product or any of its packaging, or accompanying such electronic cigarette product.
Manufacturer. Any person, including but not limited to any repacker or relabeler, who manufactures, fabricates, assembles, processes, or labels an electronic cigarette product; or imports a finished electronic cigarette product for sale or distribution into the United States.
Nicotine. The chemical substance named 3-(1-Methyl-2-pyrrolidinyl) pyridine or C[10]H[14]N[2], including any salt or complex of nicotine, whether derived from tobacco, or from any other source.
Packaging. A pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane) in which an electronic cigarette product is sold or offered for sale to a consumer.
Person. Any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. (Ord. 2019-199, § 3, passed 11-19-19)
§ 5-3-198 Sale or offer for sale of flavored electronic cigarette products prohibited. (A) It shall be a violation of this subchapter for any electr onic cigarette retailer or any of the electronic cigarette retailer's agents or employees to sell or offer for sale, any flavored electronic cigarette product. (B) It shall be a violation of this subchapter for any electr onic cigarette retailer to possess with intent to sell or offer for sale, any flavored electronic cigarette product. There shall be a rebuttable presumption that an electronic cigarette retailer in possession of four or more flavored electronic cigarette products, including but not limited to individual flavored electronic cigarette products, packages of flavored electronic cigarette products, or any combination thereof, possesses such flavored electronic cigarette products with intent to sell or offer for sale.
(Ord. 2019-199, § 3, passed 11-19-19)
§ 5-3-199 Enforcement and remedies.
(A) The city manager, or their desig nee, may enforce this subchapter. (B) Any person who violates any provisio n of this subchapter is guilty of a misdemeanor punishable by a fine of $1,000.00, or imprisonment for a term of six months, or both, provided that where the city attorney determines that such action may be in the best interests of justice, the city attorney may specify in the accusatory pleadings that the offense shall be an infraction. Each violation of this subchapter, and each day during which any such violation is committed or continued, shall constitute a separate offense.
(C) Any violation of this subchapter is a public nuisance. In addition to the penalties provided in this section, any use or condition caused or permitted to exist in violation of any of the provisions of this subchapter shall be and is declared to be a public nuisance, and may be abated as such by the city. (D) In addition to other remedies set forth in this sectio n, the city may issue an administrative citation for any violation of this subchapter, as set forth in Title 1, Chapter 3, Subchapter 2. (E) This section shall not be interpreted to limit the app licable civil or administrative remedies available under law. The remedies set forth in this section are hereby declared to be cumulative and non-exclusive. (F) The city manager, or their designee, may adopt admi nistrative rules, regulations, or guidelines for the implementation and enforcement of this subchapter.
(G) For 30 days from the effective date of this section, the exclusive remedy of the city for a violation of this subchapter shall be the issuance of an administrative citation as provided indivision (D) above. Such citations issued during this 30-day period shall be without the imposition of a fine or penalty, or an appeal fee, until the person cited has exhausted all of their administrative remedies therefore contained in Title 1, Chapter 3, Subchapter 2, and thereafter, such fine and appeal fees shall become due and payable. (Ord. 2019-199, § 3, passed 11-19-19)
§ 5-3-200 No preemption.
Nothing in this subchapter shall be interpreted or applied so as to create any requirement, power, or duty that is preempted by federal or state law.
(Ord. 2019-199, § 3, passed 11-19-19)
§§ 5-3-201—5-3-239 Reserved.
SUBCHAPTER 16. RETAIL SALE OF CONCEALABLE FIREARMS
§ 5-3-240 Licensing authority.
The chief of policeissuing officer is hereby designated as the licensing authority for the city and is authorized to issue licenses pursuant to California Penal Code § 1207026700 et seq., as such article exists or may be amended from time to time, for the sale at retail of pistols, revolvers and other firearms capable of being concealed upon the person.
(Ord. 90-11, § 5, passed 3-6-90)
§§ 5-3-241—5-3-259 Reserved.
SUBCHAPTER 17. PROHIBITION ON SALE OR DISTRIBUTION OF KRATOM
PRODUCTS
§ 5-3-260 AUTHORITY AND PURPOSE.
This subchapter is enacted pursuant to the city’s plenary police powers to protect public safety, health and welfare. The express purpose of this subchapter is to protect public health and safety by regulating access to kratom products containing more than 2% of 7-hydroxymitragynine in the alkaloid fraction.
(Ord. 2025-236, passed 10-21-2025)
§ 5-3-261 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
7-OH PRODUCT. A product containing 7-hydroxymitragynine.
ATTRACTIVE TO CHILDREN. Any of the following:
(1) Use of images that are attractive to children, including, but not limited to, images of any of the following, except as part of required health warnings:
(a) Cartoons, toys or robots;
(b) Any real or fictional humans;
(c) Fictional animals or creatures; and
(d) Fruits or vegetables, except when used to accurately describe ingredients or flavors contained in a product.
(2) Likeness to images, characters or phrases that are popularly used to advertise to children;
(3) Imitation of candy packaging or labeling, or other packaging and labeling of cereals, sweets, chips or other food products typically marketed to children;
(4) The terms “candy” or “candies” or variants in spelling, such as “kandy” or “kandee”;
(5) Brand names or close imitations of brand names of candies, cereals, sweets, chips or other food products typically marketed to children;
(6) Any other image or packaging that is easily confused with commercially available foods that do not contain kratom and are typically marketed to children; and
(7) Any other packaging used that is attractive to children, considering all relevant facts and circumstances.
KRATOM LEAF. The leaf of the kratom plant, also known as mitragyna speciosa, any form.
KRATOM LEAF EXTRACT. The material obtained by extraction of kratom leaves by any means.
KRATOM PRODUCT. A product consisting of kratom leaf, kratom leaf extract or both.
TOTAL KRATOM ALKALOIDS. The sum of mitragynine, speciociliatine, speciogynine, paynantheine and 7 hydroxymitragynine in a kratom product.
(Ord. 2025-236, passed 10-21-2025)
§ 5-3-262 PROHIBITION ON SALE OR DISTRIBUTION OF KRATOM AND 7-OH PRODUCTS.
(A) Except as otherwise authorized by law, an individual, business or other entity shall not sell, attempt to sell, offer, provide or distribute a kratom product or 7-OH product to a person under 21 years of age.
(B) Except as otherwise authorized by law, an individual, business or other entity shall not sell, attempt to sell, offer, provide or distribute a kratom product or 7-OH product with a level of 7-hydroxymitragynine that is greater than 2% of the total kratom alkaloids in the product.
(C) Except as otherwise authorized by law, an individual, business or other entity shall not sell, attempt to sell, offer, provide or distribute a kratom product or 7-OH product that is attractive to children.
(D) Any individual, business or other entity that sells, attempts to sell, offers, provides or distributes a kratom product or 7-OH product shall conduct age verification to ensure compliance with division (A) above.
(Ord. 2025-236, passed 10-21-2025)
§ 5-3-263 PACKAGING OF KRATOM AND 7-OH PRODUCTS.
Packaging of a kratom product or a 7-OH product offered for retail sale shall be child-resistant for the life of the product. Both of the following packages are considered child-resistant for the purposes of this section:
(A) A package that has been certified as child-resistant under the requirements of the Poison Prevention Packaging Act of 1970 (15 U.S.C. § 1471 et seq.) and any regulations promulgated pursuant to that act; and
(B) Plastic packaging that is at least four mils thick and heat sealed without an easy-open tab, dimple, corner or flap; provided that the package maintains its child-resistance throughout the life of the product.
(Ord. 2025-236, passed 10-21-2025)
§ 5-3-264 VIOLATIONS AND PENALTIES.
Any person who violates § 5-3-262 is guilty of a misdemeanor and, upon conviction thereof, may be punished by a fine of not more than $1,000.00 or by imprisonment in the county jail for a period of not more than six months or by both such fine and imprisonment. This section shall not serve to limit any other legal remedies or actions that the city may have to address violations of § 5-3-262.
(Ord. 2025-236, passed 10-21-2025)
§§ 5-3-265—5-3-270 Reserved.
SUBCHAPTER 18. BINGO GAMES
Created: 2025‐07‐24 16:42:56 [EST]
(Supp. No. 30)
§ 5-3-271 Application to conduct games.
(a) The form of application for conduct ing bingo games shall specify the name of the organization, the frequency with which bingo games will be held, the location in which bingo games will be held, the name of the person who will be responsible for the conduct of the games, and the name of the person responsible for keeping the financial records of such activity, and provide for proof that the organization is exempt from the payment of bank and corporation tax by Revenue and Taxation Code §§ 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g) and 23701(l) or that the organization is a mobile home park association or a senior citizens' organization. A fee in an amount established by resolution of the city council shall accompany each application.
(b) The proof of exempt status required in subsection (a) of this section must consist of a copy of the application for exempt status sent to the state franchise tax board, and a certified copy of the letter from the state franchise board granting such exempt status.
It shall be unlawful for any person to engage in, conduct, manage or carry on a bingo game within the city without first having obtained a license therefor in accordance with this title and complying with the requirements set forth in Title 11, Chapter 10, Subchapter 2.
(Ord. 90-11, § 5, passed 3-6-90)
§§ 5-3-272—5-3-290 Reserved.
SUBCHAPTER 19. MODEL STUDIOS, DANCE STUDIOS AND RAP SESSION
ESTABLISHMENTS
§ 5-3-291 Employment of unlicensed figure models, dance instructors or interlocutrices.
No licensee or operator of a figure model studio or dance studio or rap session establishment shall employ or utilize the services in any way of a figure model or dance instructor or interlocutrix who does not possess a valid and subsisting license.
(Ord. 90-11, § 5, passed 3-6-90)
§ 5-3-292 Disrobing by patrons prohibited.
(A) No figure model studio or dance studio or rap session establishment shall permit any person other than a licensed figure model or dance instructor or interlocutrix to disrobe or to be disrobed so as to be nude while at the model studio.
(B) An easily recognizable and readable sign shall be posted in a conspicuous place near the main entrance of the establishment stating, "Patrons Are Prohibited From Disrobing On The Premises." This notice shall be in English and Spanish.
(Ord. 90-11, § 5, passed 3-6-90)
§ 5-3-293 Lighting.
Minimum lighting shall be provided at a figure model studio or dance studio or rap session establishment in accordance with the Uniform Building Code as adopted by title 8, division 1, article 2, and adopted 2025 California
Created: 2025‐07‐24 16:42:56 [EST]
(Supp. No. 30)
Building Codde and related codes, as adopted by Title 8, Chapter 1, Subchapter 2, and, in addition, at least one artificial light of not less than 40 watts shall be provided in each enclosed room or area where the activities of figure modeling or dance instruction or rap sessions take place, and shall be lit during normal business hours when persons are present.
(Ord. 90-11, § 5, passed 3-6-90)
§ 5-3-294 Hours.
No person shall conduct or operate a figure model studio or dance studio or rap session establishment between the hours of 10:00 p.m. and 8:00 a.m. of the following day. (Ord. 90-11, § 5, passed 3-6-90)
§§ 5-3-295—5-3-300 Reserved.
SUBCHAPTER 20. PROHIBITION ON THE SALE OR DISTRIBUTION OF NITROUS OXIDE
§ 5-3-301 AUTHORITY AND PURPOSE.
This subchapter is enacted pursuant to the city’s plenary police powers to protect the public safety, health and welfare. The express purpose of this subchapter is to protect the public health and safety by eliminating retail access for recreational use of nitrous oxide, a dangerous gas that is illicitly used as an intoxicant. (Ord. 2025-236, passed 10-21-2025)
§ 5-3-302 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEVICE. Any cartridge, compressed gas cylinder, apparatus, container, balloon, attachment, nozzle or other object used to contain, dispense or administer nitrous oxide.
NITROUS OXIDE. The colorless, nonflammable gas sometimes identified as N20, which is sometimes used in aerosols and sometimes used as an anesthetic, and which, when inhaled, produces loss of sensibility to pain, often preceded by exhilaration and laughter, and often used as an anesthetic in dentistry.
NITROUS OXIDE is often informally or colloquially referred to as “laughing gas”, “NOX”, “galaxy gas”, “whippits”, amongst others.
PERSON. Any individual or legal entity, however constituted or organized.
WHOLESALE CAPACITY. Sale of or distribution of nitrous oxide or a device to dispense nitrous oxide to a person that will use nitrous oxide or the device in service or products for resale. Examples include, but are not limited to, commercial sale of dentistry supplies to dentists or dentistry offices, commercial sale of devices for the use in food production or in a commercial kitchen and/or commercial sale of nitrous oxide for the purpose of producing food products for commercial sale (e.g., whipped cream canisters).
(Ord. 2025-236, passed 10-21-2025)
§ 5-3-303 PROHIBITION ON SALE OR DISTRIBUTION OF NITROUS OXIDE.
Except as otherwise authorized by law or allowed under this subchapter, it is unlawful for any person to sell, attempt to sell, offer, distribute or otherwise provide to any person nitrous oxide, a device to dispense or administer nitrous oxide or any device that contains any quantity of nitrous oxide. (Ord. 2025-236, passed 10-21-2025)
§ 5-3-304 EXCEPTIONS TO PROHIBITION.
This subchapter does not apply to the sale, attempt to sell, distribution or other manner of providing nitrous oxide, or a device containing nitrous oxide, in the following circumstances:
(A) If the nitrous oxide is contained in a food product for use as a propellant;
(B) If the nitrous oxide or device is being sold, attempted to be sold, offered or distributed in a wholesale capacity, for uses similar to those described in § 5-3-302. This exemption only applies if the wholesaler does not know or have reason to know that the recipient intends to use the nitrous oxide or device in violation of § 5-3-303;
(C) If the nitrous oxide or device that is being sold, attempted to be sold, offered or distributed is specifically designed for use in a vehicle to enhance the performance of the vehicle;
(D) If the nitrous oxide is being sold, attempted to be sold, offered or distributed specifically for the purpose of providing medical or dental care, by or at the direction and under the supervision of, a medical or dental practitioner licensed by the state and in accordance with all applicable rules and regulations;
(E) If the nitrous oxide or device is being sold, attempted to be sold, offered, distributed or dispensed by a pharmacist, pharmacist intern or pharmacy as defined by California Business and Professions Code §§ 4030, 4036 and 4037, as may be amended, in the course of their duties as a pharmacist or pharmacist intern, or wholesalers licensed by the Board of Pharmacy; or
(F) Any other circumstances exempted under law.
(Ord. 2025-236, passed 10-21-2025)
§ 5-3-305 VIOLATIONS AND PENALTIES.
Any person who violates § 5-3-303 is guilty of a misdemeanor and, upon conviction thereof, may be punished by a fine of not more than $1,000.00 or by imprisonment in the county jail for a period of not more than six months or by both such fine and imprisonment. This section shall not serve to limit any other legal remedies or actions that the city may have to address violations of § 5-3-303.
(Ord. 2025-236, passed 10-21-2025)
SUBCHAPTER 21. RESERVED
§§ 5-3-306—5-3-320 Reserved.
TITLE 5 - BUSINESS AND SPECIAL LICENSES; BUSINESS REGULATIONS Division 3 - SPECIFIC ADDITIONAL LICENSE REQUIREMENTS AND BUSINESS REGULATIONS ARTICLE 22. ESCORTS, ESCORT BUREAUS AND INTRODUCTORY SERVICES
Laguna Niguel, California, Code of Ordinances Created: 2025‐07‐24 16:42:57 [EST] (Supp. No. 30)
SUBCHAPTER 22. ESCORTS, ESCORT BUREAUS AND INTRODUCTORY SERVICES § 5-3-321 Separate license required for each location.
A separate license is required for each location within the city at which an escort bureau or introductory service is to be established or at which arrangements for an escort or introductory service are made or where pecuniary compensation for an escort or introductory service is paid. (Ord. 90-11, § 5, passed 3-6-90)
§ 5-3-322 Employment and activities of escorts.
(A) No holder of an escort bureau or introductory service permit shall employ as an escort any person under 18 years of age.
(B) No holder of an escort bureau or introductory service permit shall furnish any escort or introductory service to or accept employment from any patron, customer or person to be escorted who is under 18 years of age, except at the special instance and request of a parent, guardian or other person in lawful custody of the person upon whose behalf the escort or introductory service is engaged. (C) No holder of an escort permit shall escort, offer to escort or perform any activity described in this subchapter for any person under 18 years of age, except at the special instance and request of the parent, guardian or other person in lawful custody of the person on whose behalf the escort or introductory service is engaged. (Ord. 90-11, § 5, passed 3-6-90)
Sec. 5-3-323. Physician's certificate required for escorts.
Each applicant for an escort permit or renewal thereof shall furnish a certificate from a medical doctor licensed to practice in the state, stating that the applicant has within 30 days immediately preceding the date of the application been examined and found to be free of any contagious or communicable disease. (Ord. No. 90-11, § 5, 3-6-90)
§ 5-3-323 Reserved.
§ 5-3-324 Names of escorts to be furnished to police.
Every escort bureau shall furnish the chief of police with the names of and information concerning all escorts employed or utilized by the bureau when application is made for a license. The licensee shall thereafter submit notice of any subsequent employment or utilization of other escorts or termination of any escorts. (Ord. 90-11, § 5, passed 3-6-90)
Created: 2025‐07‐24 16:42:56 [EST]
(Supp. No. 30)
§ 5-3-325 Record of customers and appointments.
Every person who maintains, conducts or operates as an escort, escort bureau or introductory service shall at all times keep a registration book in connection therewith in which each and every customer's first, middle and last name, telephone number and complete address shall be written, together with the date of initial contact and all appointments and contacts made thereafter.
(Ord. 90-11, § 5, passed 3-6-90)
§ 5-3-326 Prohibited acts.
It is unlawful for any person while acting as an escort to engage in any specified sexual activity or expose any specified anatomical sexual areas. It shall also be unlawful for any person while acting as an escort to act in a manner intended to arouse, appeal to or gratify the lust or passions or sexual desires of the customer or client of the escort.
(Ord. 90-11, § 5, passed 3-6-90)
§ 5-3-327 Possession of license.
Every escort, while engaged as such, and every escort bureau and introductory service is required to carry their license on their person or within their immediate possession and shall produce it for inspection by any law enforcement agency upon request.
(Ord. 90-11, § 5, passed 3-6-90)
§ 5-3-328 Penalty for violation of subchapter or failure to obtain license.
Any person violating any provision of this subchapter or failing to obtain the license for an escort, escort bureau or introductory service required by § 5-1-29 shall be guilty of a misdemeanor and be punishable by a fine of not more than $500.00 or by imprisonment for not more than six months, or by both such fine and imprisonment.
Revocation or suspension of a license issued under this subchapter shall not be a defense against prosecution. (Ord. 90-11, § 5, passed 3-6-90)
§ 5-3-329 Violations declared nuisance.
Any escort bureau or introductory service operated, conducted or maintained contrary to the provisions of this subchapter is hereby declared to be unlawful and a public nuisance, and the city attorney or the district attorney may commence an action or proceeding for the abatement, removal or enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court as may have jurisdiction to grant such relief as will abate or remove such establishment and restrain and enjoin any person from operating, conducting or maintaining an escort bureau or introductory service contrary to the provisions of this subchapter. (Ord. 90-11, § 5, passed 3-6-90)
§ 5-3-330 Applicability of subchapter to existing businesses.
The provisions of this subchapter shall be applicable to all persons and businesses described in this subchapter, whether the described activities were established before or after the effective date of the ordinance enacting this subchapter into law. All such persons and businesses shall have 60 days from such effective date to comply with the provisions of this subchapter.
(Ord. 90-11, § 5, passed 3-6-90)
§ 5-3-331—5-3-334 Reserved.
SUBCHAPTER 23. COMMERCIAL MOTION PICTURE PRODUCTIONS, TELEVISION
PRODUCTIONS AND STILL PHOTOGRAPHY ON PUBLIC PROPERTY
§ 5-3-335 Purpose of subchapter.
It is the policy of the city to encourage commercial motion picture production, television production and still photography within its boundaries. This subchapter provides the basis for the regulations governing the issuance of permits for filming, videotaping, still photography and related activities on property owned, operated or administered by the city or the special districts under the jurisdiction of the city council. This subchapter is intended to ensure that filming, videotaping and still photography is done in a manner consistent with protecting the public health and safety and public property.
(Ord. 90-11, § 5, passed 3-6-90)
§ 5-3-336 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Charitable films. Includes commercials, motion pictures, television programs, videotapes or still photography produced by a nonprofit organization which qualifies under I.R.C. § 501(c)(3) or as an organization which is organized and operated for nonprofit purposes within the provisions of California of the Internal Revenue Code or Revenue and Taxation Code § 23701 et seq. as a charitable organization. If such a nonprofit organization is involved in charitable film making, videotaping or still photography, no person, directly or indirectly, may receive a profit from the marketing, production or showing of the films, videotapes or photographs.
Film permit rider. A minor addition, change or deletion to the film permit, as determined by the issuing agency.
Issuing agency. The director of community development City Manager or their designated representativedesignee, or any other representative specifically designated by the city council.
Motion picture production, television production, videography and still photography. Include all activity attendant to staffing or shooting commercial motion pictures, television programs, television commercials and still photography.
News media. Includes regularly scheduled news programs, not including magazine or documentary programs, and special news programs which are not preplanned and which are broadcast within 24 hours after the event.
(Ord. 90-11, § 5, passed 3-6-90)
§ 5-3-337 Permit required.
Except as provided in § 5-3-338, a person shall not use any property or facilities belonging to the city or the special districts under the jurisdiction of the city council for the purpose of motion picture production, television production, videography or still photography without first applying for and receiving a film permit from the issuing agency.
(Ord. 90-11, § 5, passed 3-6-90)
§ 5-3-338 Exemptions from subchapter.
(A) Charitable films produced by nonpr ofit organizations, and news media, are exempt from any permit fees established pursuant to this subchapter.
(B) Any applicant who submits a letter written on school letterhead by a school administrator or instructor stating that the applicant is currently enrolled in a recognized United States educational institution and that the film, videotape or photograph is not for commercial release is exempt from any permit fees established pursuant to this subchapter.
(C) This subchapter does not apply to the filming or vi deotaping of motion pictures or the taking of still photographs solely for private use.
(D) This subchapter does not apply to reporters, photographers, cameramen or other persons engaged in on- the-spot broadcasting of news events for the news media. (Ord. 90-11, § 5, passed 3-6-90)
§ 5-3-339 Issuance of permit; surety.
(A) The issuing agency is authorized a nd directed to promulgate policies and procedures governing issuance of film permits and film permit riders. The policies and procedures shall include provisions for personnel and property usage charges and fees as approved by the city council. (B) To ensure cleanup and restoration of a site, the issuing agency may require an applicant to post a refundable negotiable surety, with the amount to be determined at the time the application is submitted. On completion of all production activities and inspection of the site by the issuing agency, the surety may be returned in full or in part based on the need for the appropriate city department, agency or district to complete site cleanup or restoration, or both.
(Ord. 90-11, § 5, passed 3-6-90)
§ 5-3-340 Liability of permittee.
(A) As a condition of issuance of a permit under this subchapter, the applicant must obtain a comprehensive general liability insurance policy acceptable to the city issued by an insurance company authorized to do business in the state, with coverage that includes the permitted activities and the location in which the filming, videotaping or photography activities will occur and any other area used by the applicant. The city and any special district under the jurisdiction of the city council, and their officers, agents and employees, shall be named as additional insureds on the policy for protection against claims of bodily injury, wrongful death and property damage. The policy limits of the insurance policy shall not be less than $1,000,000.00 per occurrence combined single limit for both bodily injury and property damage.
(B) The policy shall also contain a provision that no term ination, cancellation or change of coverage on the insured or additional insured is effective until after 30 days' notice thereof has been given in writing to the office of the issuing agency.
(C) The applicant shall indemnif y and hold harmless the city and any special district under the jurisdiction of the city council, and their officers, agents and employees, and shall defend, indemnify and save harmless the city and any special district under the jurisdiction of the city council, and their officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including workers' compensation claims, of or by any person, in any way resulting from any act or omission of the applicant or such officers, agents or employees of the applicant.
(D) The applicant shall conform to all applicable federal and state workers' compensation insurance requirements for all persons operating under a film permit issued by the city. (E) The applicant shall provide othe r insurance coverage as may be required by the issuing agency. (Ord. 90-11, § 5, passed 3-6-90)
§ 5-3-341 Duties of film industry liaison, issuing agency and city departments generally. (A) The city personnel department public information office City Manager or their designee is the designated city film industry liaison, and shall:
(1) Provide information and referral assistance, resour ce material and applications to individuals and organizations desiring to conduct motion picture, television or photography activities in the city; (2) Develop and administer programs to promote the development of the film industry in the city; (3) Cooperate and coordinate with public and private sector representatives seeking to promote the development of the film industry in the city; and
(4) Perform such other duties as may be prescribed by the city council. (B) The issuing ag ency shall:
(1) Coordinate with city departments, agencies and d istricts for the approval and issuance of facility usage permits required to film, videotape or photograph on their respective city or district property; (2) Collect the appropriate charges and fees; and
(3) Perform such other duties as may be prescribed by the city council. (C) The appropriate city departments, agencies and district s shall monitor the activities of permittees to ensure compliance with permit requirements. If in the judgment of the appropriate department, agency or district there is or has been a violation of the permit, that department, agency or district shall notify the issuing agency of the violation.
(Ord. 90-11, § 5, passed 3-6-90)
§ 5-3-342 Denial or revocation of permit.
(A) The issuing agency may deny granting a film permit or a film permit rider for any reasonable cause which in its sound discretion is contrary to the public health, safety or welfare, or if the issuing agency determines that the requested activities may unreasonably interfere with the normal operation or use of the property. (B) The issuing agency may cancel, revoke or suspend a permit if the permittee violates any provision of this subchapter or a permit issued pursuant to this subchapter.
(Ord. 90-11, § 5, passed 3-6-90)
§§ 5-3-343—5-3-350 Reserved.
SUBCHAPTER 24. X-RAY MACHINES PLAN CHECKSRESERVED
Sec. 5-3-351. Legislative purpose.
The purpose of this article is to ensure that proper radiation shielding is provided in the construction, conversion or alteration of a building or enclosure used to house a X-ray machine so as not to jeopardize the health, safety or welfare of the people of this county. (Ord. No. 96-92, § 13, 8-20-96)
Sec. 5-3-352. Definitions.
The following terms, as used in this article, shall have the meanings set forth in this section, unless it is apparent from the context thereof that some other meaning is intended. (a) Health officer shall mean the county health officer or his or her agents or deputies. (b) Person shall mean any individual, firm, partnership, corporation, company, society, or association, and every officer, agent or employee thereof.
(c) X-ray machine shall mean any radiation machine or device capable of producing ionizing radiation when the associated control devices are operated.
(Ord. No. 96-92, § 13, 8-20-96)
Sec. 5-3-353. Review of plans.
(a) Any person, prior to the construction, conversion or al teration of a building or enclosure used to house a X- ray machine, shall submit for review and approval, an application along with two copies of the plans and shielding specifications, and plan checking fees required by this article to the county health care agency, environmental health division.
(b) The health officer shall review th e plans and shielding specifications required to be submitted pursuant to this article and either approve the plans and shielding specifications or indicate what modifications are required to comply with the requirements of the Radiation Control Law division 20, chapter 7.6, California Health and Safety Code, together with regulations enacted pursuant thereto. (Ord. No. 96-92, § 13, 8-20-96)
Sec. 5-3-354. Plan check fees.
The board of supervisors, from time to time, establish by resolutions schedules of fees to be paid by each person submitting a plan check application, sufficient to cover the costs incurred in reviewing X-ray machine plans and shielding specifications. Any person who fails to submit a plan check application and fee shall pay a late fee, established by resolution of the board of supervisors, in addition to required X-ray machine plan check fees. (Ord. No. 96-92, § 13, 8-20-96)
Sec. 5-3-355. Penalty.
Any person who willfully violates this article shall be guilty of a misdemeanor, punishable by a fine not exceeding $1,000.00, or by imprisonment not to exceed six months, or by both such fine and imprisonment. (Ord. No. 96-92, § 13, 8-20-96)
Chapter 4 CABLE COMMUNICATIONS FRANCHISE ORDINANCE
§ 5-4-1 Title.
This chapter is known and may be cited as the "Cable Communications Franchise Ordinance." (Ord. 2003-132, § 1, passed 10-21-03)
§ 5-4-2 Definitions.
(A) Terms defined. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
1984 Cable Act. The Cable Communications Policy Act of 1984, being 47 U.S.C. § 521 et seq. 1992 Cable Act. The Cable Television Consumer Protection and Competition Act of 1992 (Pub. Law No. 102- 385) and codified at 47 U.S.C. § 521 et seq.
Additional service. Any service not included in basic service or institutional service.
Administrative officer. The city manager or the city manager's designee.
Affiliated person or affiliates.
(a) Each person who falls into one or more of the following categories:
1. Each person having, directly or indire ctly, a controlling interest in grantee;
2. Each person in which grantee has, directly or indirectly, a controlling interest;
3. Each officer, director, general partner, limited partner holding an interest of 5% or more, joint venturer, or joint venture partner in grantee's cable system in the city; and
4. Each person, directly or indirectly, controlling, controlled by, or under common control with grantee; (b) provided that "affiliated person" excludes the grantor, any limited partner holding an interest of less than 5% in a grantee, or any creditor of grantee, solely by virtue of its status as a creditor, and which is not otherwise an affiliated person by reason of owning a controlling interest in, being owned by, or being under common ownership, common management, or common control with grantee.
Agency subscriber. A subscriber who receives a service in a government or public agency, school, or nonprofit corporation facility.
Basic service or basic cable service or basic service tier. The lowest service tier which includes the retransmission of local television broadcast signals and public, educational, and governmental access channels.
Broadcast signal. A signal transmitted over the air to a geographically dispersed public audience and received by a cable system.
Cable act. The Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992 and by the Telecommunications Act of 1996, codified at 47 U.S.C § 521 et seq.
Cable operator. Any person or group of persons:
(a) Who provides cable service over a cable system in the city and, directly or through one or more affiliates, owns a significant interest in that cable system; or (b) Who otherwise controls or is responsible for, through any arrangement, the management and operation of a cable system in the city.
Cable service.
(a) The one-way transmission to subscribers of video programming or other programming service; and (b) Subscriber interaction which is required for the selection of or use of such video programming or such other programming service.
Cable system or cable communications system or system. A facility consisting of a set of closed transmission paths and associated signal generation reception, and control equipment that is designed to provide cable service, which includes video programming, and which is provided to multiple subscribers within the city; but this term does not include:
(a) A facility that serves only to retransmit the television signals of one or more television broadcast stations;
(b) A facility that serves subscribers wi thout using any public right-of-way; (c) A facility of a common carrier which is subject, in whole or in part, to the provisions of title II of the Communications Act of 1934 (47 U.S.C. § 201 et seq.), except that such facility shall be considered a cable system (other than for purposes of § 621(c) of the Cable Act) to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services;
(d) An open video system that complie s with § 653 of the Cable Act; or (e) Any facilities of any electric utility used solely for operatin g its electric utility system.
Cablecast signal. A nonbroadcast signal that originates within the facilities of the cable system, whether from a live or recorded source.
City. The City of Laguna Niguel, California, and all special districts which are governed by the city council.
Close circuit or institutional service. Services provided to institutional users on an individual or collective basis. The information contained in such a service may or may not be simultaneously available to other system subscribers or users.
Channel. A frequency band capable of carrying a standard video signal or some combination of video signals.
Commercial subscriber. A subscriber who receives a cable service in a place other than a residential dwelling unit.
Complaint. A dispute in which a subscriber notifies grantee of an outage or degradation in picture quality, billing or other issue pertaining to the subscriber's cable service which is not corrected during the initial telephone or service call.
Control or controlling interest. Actual working control in whatever manner exercised, including, without limitation, working control through ownership, management, debt instruments, or negative control, as the case may be, of the cable system or a grantee. A rebuttable presumption of the existence of control or a controlling interest shall arise from the beneficial ownership, directly or indirectly, by any person or group of persons acting in I -
concert (other than underwriters during the period in which they are offering securities to the public) of 20 percent or more of any person (which person or group of persons is referred to as controlling person), or being a party to a management contract.
Converter or terminal. A device located at the subscriber's premises that converts signals from one frequency to another or otherwise processes signals for use by subscribers.
Drop. The cable connecting the cable system's plant to equipment at the subscriber's premises.
Education channel. Any channel capacity where non-profit, noncommercial educational institutions are the primary designated programmers.
Facilities. Any equipment located, in whole or in part, in, above, or below streets, public rights-of-way, or other public property used by the grantor in its system including without limitation, conduits, cables, cabinets, nodes, structures, headend equipment, receive only earthstations, down link equipment and antennas, electronics, fiber cable, coaxial cable, drops and switching equipment.
FCC. The Federal Communications Commission or its designated representatives.
Franchise. A written legal undertaking or action of the grantor which authorizes a specific person to use the grantor's streets and public ways for the purpose of installing, operating, maintaining, or reconstructing a cable system to provide cable service.
Government channel. Any channel capacity where local government agencies are the primary designated programmers, and programming is informational programming regarding government activities and programs.
Grantee. The person granted a franchise to install, operate, maintain, or reconstruct a cable system and the lawful successors, transferees, or assignees of that person.
Grantor. The city, acting by and through its elected governing body, or such representative as the governing body may designate to act on cable matters in its behalf.
Gross annual revenue or gross annual receipts or gross receipts. (a) All revenue, as determined in accordance with generally accepted accounting principles, which is received, directly or indirectly, by grantee and by each affiliated person from or in connection with the distribution of any cable service, and any other service which may, under now or then applicable federal law, be included in the Cable Act definition for the purpose of calculating and collecting the maximum allowable franchise fee for operation of the system, whether or not authorized by any franchise, including, without limitation, leased or access channel revenues received, directly or indirectly, from or in connection with the distribution of any cable service. It is intended that all revenue collected by the grantee, and by each affiliated person, from the provision of cable service over the system, whether or not authorized by the franchise, be included in this definition. (b) Gross annual revenue also specifically includes:
1. The fair market value of any nonmonetary (i.e., barter) transactions between grantee and any person, other than an affiliated person, but not less than the customary prices paid in connection with equivalent transactions;
2. The fair market value of any nonmonetary (i.e., barter) transaction between grantee and any affiliated persons, but not less than the customary prices paid in connection with equivalent transactions conducted with persons who are not affiliated persons;
3. Any revenues generated from the provision of in ternet and/or broadband services which utilize the cable system for delivery and must not be excluded pursuant to applicable law; and
4. Any revenue received, as reasonably determined fr om time to time by the grantor, through any means which is intended to have the effect of avoiding the payment of compensation that would otherwise be paid to the grantor for the franchise granted.
(c) Gross annual revenue also includes any bad debts recovered. "Gross annual revenue" also includes all advertising revenue which is received directly or indirectly by grantee, any affiliated person, or any other person from or in connection with the distribution of any service over the system or the provision of any service-related activity in connection with the system.
(d) Gross annual revenue does not include:
1. The revenue of any person to the extent that said revenue is also included in the gross annual revenue of grantee;
2. Taxes imposed by law on subscribers which grantee is obligated to collect; and
3. Amounts which must be excluded pursuant to applicable law.
Headend. The central portion of the system where signals are introduced into the system.
Institutional network or institutional system. A system or portion of a system intended primarily to service nonresidential subscribers.
Lease channel. Any channel where someone other than grantor or grantee is sold the rights to air programming.
Local origination channel. Any channel where a grantee is the primary designated programmer.
Monitoring or tapping. Observing or receiving a signal, where the observer is neither the sending nor receiving party and is not authorized by the sending or receiving party to observe said signal, whether the signal is observed or received by visual, electronic, or any other means whatsoever.
Nodes shall. The cabinet or housing and equipment, power supply, fans, gas generators, batteries and optical to electrical converters, which is the point where fiber facilities and coaxial facilities are connected.
Nonbroadcast signal. A signal that is not involved in over-the-air broadcast for general public reception.
Open channel. Any channel that can be received by all subscribers without the use of special equipment not normally possessed by, or available to, anyone who may become a subscriber.
Pay cable, pay service, premium-service or pay television. Signals for which there is a fee or charge to users over and above the charge for basic service, including any tiers of service; provided, however, the sale or lease of studio facilities, equipment, or tapes to local users shall not be deemed pay or premium services.
Pedestal. An above-ground or below-ground enclosure which houses active and/or passive electronic equipment used to serve subscribers.
PEG channel. Collectively, the channel capacity dedicated public, education or government channel.
Person. Any corporation, partnership, proprietorship, individual, or organization authorized to do business in the state.
Plant. The transmitting medium and related equipment which transmits signals between the headend and subscribers, including drops.
Pole attachment agreement or attachment agreement. Any agreement with the grantor, any other governmental entity, or any public utility relating to a grantee's use of any utility poles, ducts, or conduits.
Program or programming. The information content of a signal and the act or process of creating such content, whether that content is intended to be pictures and sound, sound only, or any other form of information whatsoever.
Programmer. Any person who provides program material or information for transmission by means of a system.
Property of grantee. All property owned or leased within the franchise service area by grantee in the conduct of its system business under a franchise.
Public channel, access channel, community service channel or community channel. Any channel capacity for which members of the public, or any community organization, may provide non-advertiser supported programming; provided, however, sponsorship identification fees may be paid and accepted to further community programming.
Public right-of-way. Any public street, public way, public place or rights-of-way, now laid out or dedicated, and the space on, above or below it, and all extensions thereof, and additions thereto, under the jurisdiction of grantor.
Pull box. A flush mounted or above-ground housing which encloses one or more conduit openings.
Resident. Any person residing in the franchise service area, or as otherwise defined by applicable law.
Residential dwelling unit or dwelling unit. A home, mobile home, condominium, apartment, cooperative unit, and any other individual dwelling unit.
Residential subscriber. A subscriber who receives a service in a dwelling unit.
Service. Any kind of service or type of benefit provided by grantee, or any group of related benefits obtained or made available to any person, involving the use of a signal transmitted via a cable communications system, whether the signal and its content constitute the entire service or comprise only a part of a service which involves other elements of any number or kind.
Service area or franchise service area. The entirety of the city.
Service interruption. The loss of picture or sound on one or more cable channels.
Service tier or tier. A category of cable service or other services provided by a cable operator and for which a separate rate is charged by the cable operator, other than per channel or per event programming or legitimate packages of per channel or per event programming.
Streets and public ways. The surface of, and the space above and below, any public street, sidewalk, alley, or other public way or right-of-way of any type whatsoever.
Subscriber. Any person that lawfully subscribes to and receives a cable service provided by grantee by means of or in connection with its cable system.
Tap. The point of interconnection between that portion of the cable system located in the public rights-of- way and a drop.
Telecommunications Act. The Telecommunications Act of 1996, codified at 47 U.S.C. § 521 et seq.
Unit. A discrete place where system services are used, such as a residence, apartment, office, store, etc.
User(s). Any person who either receives services from a cable system or who accomplishes any purpose by, in part or in whole, transmitting or receiving information via a cable system, or who creates programming for that purpose, or who receives and uses programming.
(B) Terms not defined. Words, terms, or phrases not defined herein shall first have the meaning as defined in the cable act, and then the special meanings or connotations used in any industry, business, trade, or profession where they commonly carry such special meanings. If those special meanings are not common, they will have the standard definitions as set forth in commonly used and accepted dictionaries of the English language. (Ord. 2003-132, § 1, passed 10-21-03)
§ 5-4-3 Grant of franchise.
(A) Authority to grant franchises. The grantor may grant a franchise to provide cable service to any person who offers to provide a system pursuant to this chapter.
(B) Form. A franchise may, at grantor's sole option, take the form of an ordinance, license, permit, contract, resolution, or any other form by grantor.
(C) Grants not required. Consistent with applicable state and federal law, no provision of this chapter requires the granting of a franchise when, in the opinion of the grantor, it is in the public interest not to do so. (D) Purpose. The purpose of a franchise is to identify and authorize the operation of a cable communications system by a specific grantee, and to identify and specify those terms, conditions, definitions, itemizations, specifications and other particulars of the agreement between grantor and a grantee. In so doing, a franchise may clarify, extend, and interpret the provisions of this chapter. Where a franchise and this chapter conflict, both shall be liberally interpreted to achieve a common meaning or requirement. In the event this is not stated, no provision of this chapter shall be deemed to be contractually incorporated into any franchise granted hereunder.
(E) Compliance with law. Neither this chapter nor a franchise granted under it relieves a grantee of any requirement of grantor, or of any ordinance, rule, regulation, or specification of grantor now or hereafter in effect pursuant to grantor's police power, including, but not limited to, the obtaining of a business license, and the payment of all permit and inspection fees required from time to time by the grantor. (F) Franchise non-exclusive. Grantor may, at its option, grant one or more franchises to construct, operate, maintain, and reconstruct a system. Said franchises shall constitute both a privilege and an obligation to provide the system and services required by this chapter and the franchise. (G) Duration. The term of any franchise, and all rights, privileges, obligations and restrictions pertaining thereto, shall be specified in the franchise. The effective date of any franchise shall be as specified in the franchise. (H) Use of public streets and rights-of-way. For the purposes of operating and maintaining a system in the franchised service area, a grantee may place and maintain within the public rights-of-way such property and equipment as meets with the approval and conforms to the standards of the city and as are necessary and appurtenant to the operation of the cable communications system. Prior to construction or alteration of the plant in public rights-of-way, a grantee shall apply for, pay for all applicable fees, and receive all necessary permits.
(I) Use of other utilities. Any person who provides a system or services as defined herein shall be deemed a grantee and must obtain a franchise. If such grantee uses distribution channels furnished by any telephone company, other public utility, or any other entity which are functionally equivalent to those used by a cable operator, said grantee shall be required to comply with all the provisions of this chapter. (J) Assignment, transfer or sale of franchise.
(1) There shall be no assignment of a franchise, in whole or in part, or any change in control of a grantee, without the prior express written approval of the grantor. (2) Any assignment or transfer, or an y change in control, without the grantor's prior written consent shall constitute a default which will cause a franchise to terminate. (3) At least 120 days before a prop osed assignment or change in control of the franchise is scheduled to become effective, a grantee shall request in writing the grantor's written consent. A grantee shall submit to the grantor (concurrently with the submission of its written request) an FCC 394 Form (or successor form) together with:
(a) Any other information or documentation required by the state or federal government (including the FCC);
(b) The information referenced in division (J)(7) below; (c) Unedited and unredacted copies of the sale or transfer documents with all schedules and exhibits thereto; and
(d) Information regarding the financial ability and st ability of the proposed assignee with respect to being able to perform all obligations of the existing franchise. (4) The grantor shall not unreasonably withhold its co nsent to such an assignment or change in control.
However, in evaluating the request for assignment, transfer, sale, or change in control, the grantor may, in its sole discretion and among other things, undertake a technical inspection and audit of the system to determine whether the system complies with all applicable technical and safety codes, this chapter, and the franchise.
(5) If the grantor determines (as a result of the tech nical inspection and audit) that the system does not comply with the federal, state, or local standards, then a grantee shall be provided with an opportunity to correct or cure the noncompliance either prior to or after the transfer or change of control. In the alternative, the grantor may work with both the current and proposed grantee to cure the non- compliance. The grantor shall be under no obligation to approve any transfer or assignment if a grantee is in breach.
(6) Before an assignment or change in control is approved by the grantor, the proposed assignee, transferee, or buyer shall execute an affidavit acknowledging that it has read, understood, and will abide by both this chapter and the applicable franchise. (7) In the event of any approved a ssignment or change in control, the assignee or transferee shall assume all obligations and liabilities of the former grantee relating to the franchise unless specifically relieved by the grantor at the time the assignment or change in control is approved. (8) If the grantor disapproves a request for consent, then a grantee may submit another request or an amended request for consent or seek whatever address is permitted under applicable law. In such a situation, a new 120-day time-frame begins to run from the date of the submission of the new, amended, or modified request or application.
(K) Reimbursement of processing and review costs. Grantee shall reimburse grantor for grantor's reasonable processing and review expenses in connection with a transfer of the franchise or a change in control of the franchise, including without limitation, costs of administrative review, financial, legal, and technical evaluation of the proposed transferee, costs of consultants (including technical and legal experts), notice and publication costs, and document preparation expenses. A reasonable deposit in an amount determined by the city may be required by the city. In addition, prior to any transfer or change in control, grantee shall reimburse grantor for all of grantor's expenses in connection with evaluating or negotiating a renewal of grantee's franchise, whether or not said renewal was ever finalized or granted. Grantor may send grantee an itemized description of all such charges, and grantee shall pay such amount within 20 days after the receipt of such description.
(L) Violation. If a grantee violates any provision of § 5-4-3(J), the franchise shall automatically terminate. The procedures contained in § 5-4-13 of this chapter shall not apply to an unlawful transfer or change in control, and the franchise shall automatically terminate upon the occurrence of that violation. (Ord. 2003-132, § 1, passed 10-21-03)
§ 5-4-4 Rights reserved to the grantor.
(A) Reservation. Grantor reserves every right it may have in relation to its power of eminent domain over grantee's franchise and property.
(B) Nonwaiver or bar. Neither the granting of any franchise, nor any provisions of this chapter, shall constitute or be construed as a waiver or bar to the exercise of any governmental right or power by grantor. (C) Delegation of powers. Any right or power is, or duty retained by or imposed upon grantor, or any commission, officer, employee, department, or board of grantor, may be delegated by grantor to any officer, employee, department or board of grantor, or to such other person or entity as grantor may designate to act on its behalf.
(D) Right of inspection and construction. The grantor shall have the right to inspect and approve all construction, installation, or other physical work performed by grantee in the public rights-of-way and on private property consistent with its generally applicable building codes, so long as said inspection and testing does not unreasonably interfere with grantee's operations.
(E) Right to require removal of property. Consistent with applicable law, at the expiration of the term or any renewal term or extension for which the franchise is granted, or upon its lawful revocation, expiration, or termination, the grantor shall have the right to require a grantee to remove, at grantee's expense, all portions of its system and any other property from all streets and public rights-of-way within the franchise service area within a reasonable period of time.
(F) Right of intervention. The grantor shall have the right of intervention in any suit, proceeding or other judicial or administrative proceeding in which the grantor has any material interest, and to which a grantee is party. (G) Place of inspection. The grantor shall have the right to inspect Grantee's local premises, and to request copies of all relevant information that is reasonably necessary for the exercise of grantor's regulatory authority, upon reasonable notice at any time during normal business hours. Any grantee records kept at another place shall, within ten days of grantor's request, be made available at grantee's local premises within the county for grantor's inspection and copying. All reports and records required pursuant to this chapter shall be furnished at the sole expense of grantee, except as otherwise provided in this chapter or the franchise.
(Ord. 2003-132, § 1, passed 10-21-03)
§ 5-4-5 Rights of subscribers.
(A) Discriminatory practices prohibited. A grantee shall not deny cable service or otherwise discriminate against subscribers or others on the basis of race, color, religion, national origin, sex, age, handicap, or other protected classes. A grantee shall strictly adhere to the equal employment opportunity requirements of federal, state, or local governments and shall comply with all applicable laws and executive and administrative orders relating to non-discrimination.
(B) Tapping and monitoring. A grantee shall not tap or monitor, or permit any other person controlled by grantee to tap or monitor, any cable, line, signal input device, or subscriber outlet or receiver, for any purpose whatsoever without the express written consent of the subscriber or a court order therefor; provided, however, that a grantee may monitor customer service calls for quality control purposes and may conduct system-wide or individually addressed "sweeps" for the purpose of verifying system integrity, monitoring signal levels, or checking for unauthorized connections to the cable television system, service levels, or billing-for-pay services.
(C) Data collection.
(1) Except for its own use, or in connection with the pr ovision of cable services or for release of data to the grantor, the grantee shall not permit its system to be used for data collection purposes, nor shall it otherwise collect data which would reveal the commercial product or other preferences or opinions of an individual subscriber, members of their families, or their guests, licensees or employees, unless the grantee shall have received the prior written consent of such subscriber. (2) In any event, the gran tee shall not disclose or permit the release or sale of data on individual subscribers or groups thereof, but may disclose or permit the release or sale of aggregate data only. (3) The grantee shall not disclose, or sell, or permit th e disclosure or sale of its subscriber list without the prior written consent of each subscriber on such list; provided that grantee may use its subscriber list as necessary for the construction, marketing, and maintenance of the grantee's services and facilities authorized by a franchise, and the billing of subscribers for cable services; and provided further, that consistent with applicable law, grantor may use grantee's subscriber list for the purpose of communication with subscribers in connection with matters relating to the operation, management, and maintenance of the cable system.
(4) The grantee shall not disclose individual subscrib er preferences, viewing habits, beliefs, philosophy, creeds, or religious beliefs to any third person, firm, agency, governmental unit, or investigating agency without court authority or the prior written consent of the subscriber. (D) Terms of subscriber consent.
(1) Any written consent, if given, sh all be limited to a period of time not to exceed one year, or a term agreed upon by the grantee and the subscriber.
(2) The grantee shall not condition the delivery or receip t of cable services to any subscriber on any such consent.
(3) A subscriber may at any time revoke, without penalty or cost, any consent previously given by delivering to the grantee in writing a statement of the subscriber's intent to so revoke. (E) Other persons affected. The prohibitions contained in divisions (A) through (D) above, inclusive, apply to the grantee, as well as to all of the following:
(1) Officers, directors, employees, agents, and ge neral and limited partners of the grantee; (2) Any person or combination of persons owning, ho lding, or controlling any corporate stock or other ownership interests in the grantee;
(3) Any affiliated or subsidiary entity owned or contro lled by grantee, or in which any officer, director, stockholder, general or limited partner, or person or group of persons owning, holding or controlling any ownership interest in the grantee, shall own, hold or control any corporate stock or other ownership interests; and
(4) Any person, firm, or corporation acting or serving in the capacity of a holding or controlling company of the grantee.
(F) Subscriber bill of rights. The grantee shall provide to all subscribers, at the time of initial connection and annually thereafter, a notice in a form previously approved by grantor (which approval shall not be unreasonably withheld) describing, in understandable language, the subscriber's rights and obligations that are generally provided under the franchise and federal law, including a description of how to contact the grantee and, if necessary, the grantor, in the event of an unresolved subscriber complaint. (G) Notice to new subscribers. Before providing cable service to any subscriber, grantee shall provide a written notice to the subscriber containing substantially the following information:
"Subscriber understands that Company uses public rights-of-way and other facilities of the City of Laguna Niguel in providing service and that this continued use cannot be guaranteed. Subscriber agrees not to make
any claims against the City of Laguna Niguel or its officers or employees in the event that such use is denied for any reason, and Company is unable, in its discretion, to provide service over alternate routes." (Ord. 2003-132, § 1, passed 10-21-03)
§ 5-4-6 Finance.
(A) Payments to the grantor.
(1) As compensation for any franchise to be gran ted, and in consideration of permission to use the grantor's streets and public rights-of-way for the construction, operation, maintenance, and reconstruction of a system, the grantee shall pay to the grantor the amounts specified in the franchise. (2) Payments due the grantor shall be computed quarterl y, and shall be paid within 30 days after the close of each calendar quarter. The payment shall be accompanied by a report showing the basis for the computation and such other relevant facts as may be required by the grantor to determine the accuracy of the payment. A final annual reconciliation, and payment if any, shall be delivered to grantor by grantee within 90 days after the end of each calendar year. (3) If any franchise payment or recomputed amount is not made on or before the dates specified above in division (A)(2) above, the grantee shall pay as additional compensation the greater of the following:
(a) An interest charge, computed from the applic able due date, at an annual rate equal to the prevailing commercial prime interest rate in effect upon the due date, plus 3%; and (b) A sum of money equal to $4,000 for each month, or part thereof, of delay, which sum shall also bear interest from the due date at an annual rate equal to the prevailing commercial prime interest rate in effect upon the due date, plus 1%.
(4) In addition to any late payment made pursuant to di vision (A)(3) above, if a payment is late by 60 days or more, grantee shall pay a sum of money equal to 5% of the amount due in order to defray additional expenses and costs incurred by grantor as a result of such delinquent payment. (5) No acceptance of any payment shall be construed as a release of, or an accord, or satisfaction of, any claim that the grantor might have for further or additional sums payable under the terms of this chapter, or for any other performance by grantee of an obligation hereunder. (6) Payments of compensation made by a grantee to the grantor pursuant to the provisions of this chapter are in addition to, and exclusive of, any and all authorized taxes, business license fees, and other fees, levies, or assessments now in effect, or subsequently adopted in accordance with state and federal law.
(B) Security fund.
(1) Within 30 days after the effective date of the franchise, a grantee shall deposit into a bank account established by a grantee, for the benefit of grantor, and shall maintain on deposit through the term of the franchise, a sum specified in the franchise as security for the faithful performance by grantee of all of the provisions of the franchise, and compliance with this chapter and with all orders, permits and directions of the grantor, or any designated representative of the grantor having jurisdiction over grantee's acts or defaults under the franchise or this chapter, and as security for the payment by a grantee of any claims, fees, liens, or taxes due the grantor which arise by reason of the construction, operation, maintenance or reconstruction of the system pursuant to the franchise or this chapter, and to satisfy any actual or liquidated damages arising out of a franchise breach. (2) Except as otherwise provided in the franchise, if a grantee fails, after 20 days written notice, to pay to the grantor any fees that are due and unpaid, or fails to repay within such 20 days, any damages, costs or expenses which the grantor is compelled to pay by reason of any act or default of grantee in
connection with its franchise; or if grantee fails to comply with any provision of the franchise or this chapter and the grantor determines that such failure was without just cause and, in a manner consistent with the procedures specified in § 5-4-14, grantor reasonably determines it can be remedied by a withdrawal from the security fund or is nevertheless subject to liquidated damages, then, in any such event, the grantor may immediately withdraw the amount thereof from the security fund, with interest and any liquidated damages. Upon such withdrawal, the grantor shall notify a grantee of the amount and the date of withdrawal.
(3) Within 30 days after notice to grantee that any amount has been withdrawn by grantor from the security fund, a grantee shall deposit a sum of money sufficient to restore such security fund to the original amount.
(4) Grantee shall be entitled to the return of the se curity fund, or portion thereof, with interest, that remains on deposit at the expiration or termination of the franchise, once all amounts due to the grantor have been paid. Grantee shall also retain its right to challenge any withdrawal from such security fund.
(5) The rights reserved to the grantor with respect to th e security fund are in addition to all other rights of the grantor, and no action, proceeding or exercise of a right with respect to such security fund shall affect any other right the grantor may have.
(C) Faithful performance bond.
(1) Within 30 days after the effective date of the fran chise, a grantee shall furnish proof of the posting of a faithful performance bond in favor of the grantor, with corporate surety approved by the grantor in the sum specified in the franchise and conditioned that a grantee shall well and truly observe, fulfill, and perform each term and condition of the franchise; provided, however, that such bond shall not be required after certification by grantor of the completion of construction of grantee's cable system. (2) The corporate surety must be authorized to issu e such bonds in the state, and the bond must be obtained and secured through an authorized agent in the county. (3) During the course of construction, the amount of the bond may from time to time be reduced, as provided in the franchise.
(4) Written evidence of payment of premiu ms shall be filed with the grantor. (D) Letter of credit.
(1) At the option of the grantor, a grantee may be authorized, in lieu of creating a security fund or obtaining a faithful performance bond, to post an irrevocable letter of credit, issued by a bank approved by the grantor, in the amount specified in the franchise. Said letter of credit shall incorporate wording approved by the grantor enabling it to draw from time to time such funds as the grantor may determine to be necessary to satisfy any material defaults of grantee or to make any payments due grantor under or in connection with this chapter or grantee's franchise, upon not more than ten days written notice to the issuer of the letter of credit. Said letter of credit shall further provide for 60 days written notice by certified mail from its issuer to grantor of any pending expiration or cancellation, and said notice shall without further cause constitute reason for the grantor to draw the full sum to be held in its own accounts until such letter of credit is reestablished in a form satisfactory to grantor. (2) If grantor requires such a letter of credit, grantee sh all pay all fees or other charges required to keep it in force and shall, within 30 days of any draw by grantor, restore its face value to the original amount. (3) All provisions herein applicable to bonds or security funds shall also apply to letters of credit. (Ord. 2003-132, § 1, passed 10-21-03)
§ 5-4-7 Services.
(A) Services to be provided. A cable system shall provide, as a minimum, the broad programming categories specified in the franchise.
(B) Changes in service. Grantee shall inform grantor and its subscribers at least 30 days in advance of making any change in a cable service, or in the rates charged therefor. (C) Nondiscrimination. Grantee shall not discriminate between or amongst subscribers within one type or class in the availability of services, at either standard or differential rates according to published rate schedules, except as otherwise authorized by law. No charges may be made for services except as listed in published schedules which are available for inspection by anyone at grantee's office, quoted by grantee on the telephone, and displayed or communicated to all potential subscribers. (D) Prepayment.
(1) The grantee may not charge subscribers for services more than one month in advance unless an individual subscriber requests a longer period. Bills may be due and payable upon mailing but shall not be delinquent, and no late charge penalties shall be assessed, until the later of:
(a) Twenty-two days from postmark; or
(b) Service has actually been pr ovided for the billed period. (2) All bills and billing statements shall clearly indicate the billing period, the actual due date, and the delinquent or late payment or assessment.
(E) Disconnect for cause. The grantee may disconnect a subscriber only for cause, which shall include, without limitation, the following:
(1) Payment delinquency in excess of 45 days;
(2) Willful or negligent damage to or misappropriation of grantee's property; (3) Monitoring, tapping, or tampering with gr antee's system, signals, or service; and (4) Threats of violence to gran tee's employees or property. (F) Reconnection. Grantee shall, upon subscriber's written request, reconnect service which has been disconnected for payment delinquency when payment has removed for delinquency. If authorized by applicable law, a published standard charge may be made for reconnection. Grantee shall not be required to make more than three reconnections for the same subscriber if the disconnections involved were caused by payment delinquency within any previous 24-month period. Reconnection for disconnects covered by divisions (E)(2), (E)(3) and (E)(4) above shall be at grantee's sole discretion. (G) Installations.
(1) Grantee shall promptly provide and maintain servic e as specified in the franchise to the residential, commercial and industrial structures in the franchise service area, as defined in the franchise, upon request of the lawful occupant or owner.
(2) Where a new drop is required to provide service, grantee shall advise each subscriber that the subscriber has the right to require that installation be done over any route on the subscriber's property, and in any manner the subscriber may elect which is technically feasible and consistent with proper construction practices. If the subscriber requests installation other than a standard installation, then the subscriber may be required to pay a reasonable fee for the time and materials occasioned by that installation.
(3) For purposes of this paragraph, a standard installation shall include installation of drop cable with fittings up to 150 feet feet from the cable system distribution system measured along the center line of the street or utility easement through the house wall or, at the subscriber's option, through the floor from a house vent or crawl space directly to the subscriber's television set with five feet of cable from the wall or floor entry to the television set. Also included as a part of a standard installation is the grounding cable, fine tuning of the television set, and the provision by the grantee of the appropriate literature and information.
(4) After cable service has been esta blished by activating trunk or distribution cables from any area, grantee shall provide service to any person requesting service in that area within seven days from the date of request, provided that the grantee is able to secure all access rights necessary to extend service to that potential subscriber within that seven (7) day period on reasonable terms and conditions. (H) Nonstandard installations. For each nonstandard installation, a grantee may charge the subscriber for the cost of material and labor in excess of that required for a standard installation. Grantee shall provide each subscriber a written estimate of all charges for a nonstandard installation prior to installation and obtain subscriber's written authorization in advance for all nonstandard installation charges. (I) Converters/terminals. At such time as a terminal or converter is required for subscribers to have access to all services on its system, grantee shall make them available to subscribers for a fee. Grantee may require each subscriber who elects to install a converter or terminal to furnish a security deposit therefor. (1) Each converter or terminal device shall be a nd remain the property of the grantee unless grantor approves or requires its sale to the subscriber. Grantee shall be responsible for maintenance and repair of all equipment owned by grantee and may replace it as grantee may from time-to-time elect, except that subscriber shall be responsible for loss of or damage to any such device while in the subscriber's possession.
(2) Upon termination or cancellation of subscriber's service, subscriber shall promptly return grantee's property to grantee in the same condition as received, reasonable wear and tear excepted. (3) Grantee may apply the security deposit against any sum due from subscriber for loss of or damage to such converter or terminal exceeding reasonable wear and tear. In the event that no security deposit has been required, the grantee may charge the subscriber for any such damage exceeding reasonable wear and tear.
(4) If grantee has no claim against the subscriber's secu rity deposit, grantee shall return it, or the balance, to the subscriber within 20 days of return of the converter or terminal. (Ord. 2003-132, § 1, passed 10-21-03)
§ 5-4-8 Design and construction.
(A) System construction. The system shall be constructed in accordance with the provisions of the franchise. (B) Construction components and techniques. Construction components and techniques shall be in accordance with the franchise and all applicable law.
(C) Construction notice. Grantee shall give at least 48 hours advance notice to all property owners and to the grantor prior to installing any above-ground or underground structures upon easements located on private property. Grantee shall be a member of Underground Service Alert (USA). (D) System construction.
(1) The grantee shall begin to offer cable service and any other service authorized by the franchise no later than the date specified in the franchise.
(2) A grantee shall provide a detailed construction pl an including an estimated progress schedule, area construction or reconstruction maps, a system testing plan, and projected dates for offering service to subscribers.
(3) A grantee shall remove or relocate, at the request of the grantor and without expense to the grantor, any facilities installed, used and maintained under any franchise if and when made necessary by any lawful change of grade, alignment or width of any public street, way, alley or place, including the construction of any subway or viaduct by the grantor.
(4) The city engineer shall be authorized to direct a grantee to locate any conduits and appurtenances as may be reasonably necessary to avoid sewers, waterpipes, conduits or other structures lawfully in or under the streets; and before the work of constructing any pipes and appurtenances is commenced, the grantee shall file with said engineer plans showing the location thereof, which shall be subject to the approval of said engineer; and all such construction shall be subject to the inspection of said engineer and done to his reasonable satisfaction. All street coverings or openings of traps, vaults, and manholes shall at all times be kept flush with the surface of the streets; provided, however, that vents for underground traps, vaults and manholes may extend above the surface of the streets when said vents are located in parkways, between the curb and property lines. All above-ground facilities including, but not limited to, pedestals, nodes, and boxes shall only be placed in those locations specified by the city engineer. Installations shall not interfere with pedestrian and traffic flow and shall be consistent with the requirements of the Americans with Disabilities Act requirements, being 42 U.S.C. § 12101 et seq.
(5) If any portion of any street shall be damaged by reason of defects in any of the conduits and appurtenances maintained or constructed pursuant to a franchise, or by reason of any other cause arising from the operation or existence of any pipes and appurtenances constructed or maintained under any other grant, said grantee shall, at its own cost and expense, immediately repair any such damage and restore such street, or portion of street, to as good condition as existed before such defect or other cause of damage occurred, such work to be done under the direction of the city engineer, and to his satisfaction.
(6) A grantee shall guarantee the in tegrity, durability and structural integrity of any street cut repairs necessary for the installation or repair of grantee's facilities for the life of the street. Grantee shall repair or replace, at no expense to the city, any failed street cut completed by grantee or grantee's subcontractor, as determined by the city engineer.
(E) Geographical coverage. A grantee shall construct the cable system so that it is capable of providing cable service to every residential dwelling unit and other structures specified in the franchise within the franchise service area. A grantee shall take reasonable steps to accommodate future annexations to the franchise service area (as defined and provided by the franchise), with any exceptions requiring specific grantor approval. Service shall be provided to subscribers in accordance with the schedules specified in the franchise.
The route of separate cables serving institutional subscribers shall be as approved by grantor and specified in the franchise.
(F) Construction default. Upon the failure, refusal or neglect of grantee to cause any construction, repair, or the terms of any construction permit, or other necessary work to comply with the terms of the franchise, thereby creating an adverse impact upon public safety, grantor may (but shall not be required to) cause such work to be completed in whole or in part, and upon so doing shall submit to grantee an itemized statement of costs. Grantee shall be given reasonable advance notice of grantor's intent to exercise this power, and 15 days to cure the default. Grantee shall, within 30 days of billing, pay to grantor the actual costs incurred. (G) Vacation or abandonment. In the event any street, alley, public highway, or portion thereof used by a grantee shall be vacated by the grantor, or the use thereof discontinued by a grantee, upon written notice a grantee shall forthwith remove its facilities therefrom unless specifically permitted to continue the same. On the removal thereof, grantee shall restore, repair or reconstruct the area where such removal has occurred,
to such condition as may be required by the grantor. In the event of any failure, neglect or refusal of a grantee, after 30 days' notice by the grantor, to do such work, grantor may cause it to be done, and grantee shall, within 30 days of billing, pay to grantor the actual costs incurred. (H) Abandonment in place. Grantor may, upon written application by grantee, approve the abandonment of any property in place by grantee, under such terms and conditions as grantor may approve. Upon grantor- approved abandonment of any property in place, grantee shall cause to be executed, acknowledged, and delivered to grantor such instruments as grantor shall prescribe and approve, transferring and conveying the ownership of such property to grantor.
(I) Removal of system facilities. In the event that grantee's plant is deactivated for a continuous period of 30 days, without prior written notice to and approval by grantor, then grantee shall, at grantor's option and demand, and at the sole expense of grantee, promptly remove from any streets or other areas all property of grantee. Grantee shall promptly restore the streets or other areas from which such property has been removed to its condition existing prior to grantee's use thereof, provided that grantee shall not be required to remove conduit from underground, where grantor has determined that no damage to the surface of any structures will result from such nonremoval.
(J) Movement of facilities. In the event it is necessary, at grantor's discretion, to temporarily move or remove any of a grantee's property for a public purpose, grantee, upon reasonable notice, shall move, at the expense of grantee, its property as may be required to facilitate such public purpose. No such movement shall be deemed a taking of grantee's property. Nothing herein shall limit the right of grantee to seek reimbursement from any party other than grantor.
(K) Undergrounding of cable. Cables shall be installed underground at grantee's cost. Previously installed aerial cable shall be installed underground at grantee's pro rata cost in concert with other utilities, when those other utilities convert from aerial to underground construction. (L) Facility agreements. No franchise shall relieve grantee of any obligations involved in obtaining pole or conduit space from any department of grantor, any utility company, or from other maintaining utilities in grantor's streets.
(M) Extension of franchise service area. If grantor elects to grant one or more franchises hereunder, and if thereafter one or more of the franchises expires or is otherwise terminated, grantor may, if it so elects, require a remaining grantee, or more than one, to extend its system to provide service to the franchise service area previously served under the terminated franchise, unless grantee demonstrates to grantor's reasonable satisfaction that it is not commercially practicable to do so. The terms and requirements of such extension shall not exceed those contained in this chapter or in grantee's franchise. (N) Repair of streets and public ways. Grantee shall not cut, trench, or excavate any street which has been constructed or overlaid for five years or slurry-sealed for two years from said construction, overlay, or slurry- seal, as the case may be, without the advance written permission of the city engineer. The city engineer's consent shall be conditioned, among other things, upon a requirement that grantee overlay or slurry-seal, as determined by the city engineer, the entire width of the affected street for the entire length of the project.
Any and all streets and public ways, and improvements located within such streets and public ways, disturbed or damaged by a grantee or its contractors during the construction, operation, maintenance, or reconstruction of the system, shall be restored at grantee's expense, and within the time frame and limits specified by grantor, to their original condition unless otherwise authorized in writing by grantor. Grantee may be required subsequent to completion of construction, from time to time as determined by the city engineer, to overlay or slurry-seal the affected street in order to maintain the structural integrity and/or aesthetics of the street. All decorative sidewalks (pavers, tiles, etc.) shall be replaced in like kind pursuant to the written direction of the city engineer.
(O) Erection of poles prohibited. Grantee shall not erect any pole on or along any street or public way. If additional poles in an existing aerial route are required, grantee shall negotiate with the public utility for
their installation. Any such installation shall require the advance written approval of the grantor. Subject to applicable federal and state law, a grantee shall negotiate the lease of pole space and facilities from the existing pole owners for all aerial construction, under mutually acceptable terms and conditions. (P) Reservation of street rights. Nothing in a franchise shall prevent the grantor from constructing, repairing, or altering any public work. All such work shall be done, insofar as practicable, in such manner as not to unnecessarily obstruct, injure or prevent the free use and operation of any property of grantee. However, if any property of grantee shall interfere with the construction, maintenance, or repair of any public improvement, that property shall be removed or replaced in such manner as directed by grantor so that the same shall not interfere with the public work, and such removal or replacement shall be at the expense of a grantee.
(Q) No interference. Grantee shall not place equipment where it will interfere with existing and future uses of the streets, public right-of-way, or public property, with the rights of private property owners, with gas, electric, or telephone fixtures, with water hydrants or mains, with wastewater stations, with any traffic control system, or any other service or facility that benefits the grantor's or its resident's health, safety or welfare.
(R) Protection of streets. The grantee, at its own expense and in a manner as directed by the city engineer, shall protect streets and public rights-of-ways, easements, and support or temporarily disconnect or relocate at its sole cost in the same street or other street or public right-of-way, any property of such grantee when necessitated by reason of:
(1) Traffic conditions;
(2) Public safety;
(3) Temporary or permanent street closing;
(4) Street construction or resurfacing;
(5) A change or establishment of street grade;
(6) Installation of sewers, drains, water pipes, storm dr ains, lift stations, force mains, power or signal lines, and any traffic control system; or
(7) Any improvement, construction or repair or any improvement related to the Grantor's residents' health, safety or welfare.
(S) Marking of facilities. It shall be the responsibility of a grantee to locate and mark or otherwise visibly indicate and alert others to the location of its underground cable before employees, agents, of independent constructors of any entity perform work in the marked-off area. A grantee shall participate in and adhere to the practices of underground services alert (USA) and provide at least 48 hours prior notice to USA prior to any excavation.
(T) Construction standards.
(1) All construction, installation, maintenance and repa ir shall treat the aesthetics of the property as a priority, shall not substantially affect the appearance or the integrity of the structure, and shall not be installed on private property without the property owner's permission subject to § 621 of the cable act, being 47 U.S.C. § 541.
(2) All underground drops shall follow (to the greatest extent possible) property lines, and cross property only at right angles unless otherwise permitted by the property owner, or required due to the physical characteristics of the subsurface, or required under applicable law. The grantor may, either by way of a generally applicable resolution or through the imposition of routing conditions in any franchise determine the routing or placement of cable, conduit, nodes, pedestals, power supplies, vaults, and other equipment relating to the system.
(3) All construction shall be acco mplished between the hours specified by the grantor in the approved permit or ordinances.
(U) Payment of fees.
(1) Grantee shall obtain, at its own expense, all permit s and licenses required by local law, rule, regulation or applicable ordinance.
(2) As a condition of obtaining all necessary permit s and licenses, the grantee shall pay all applicable permit fees and, in addition, all of the grantor's direct labor and supervisory costs, including customary and reasonable overhead (the "labor payment"). The city council may, from time to time by resolution, establish the amount of said permit fees. To the extent not inconsistent with applicable law, the permit fees shall be sufficient to reimburse the grantor for its costs, including the costs of staff, independent consultants, and related overhead, to review the proposed project, processing permits, plan check, inspecting the project including the costs of an outside inspector and, where applicable, the costs of an outside soils engineer or compaction testing expert, and the costs of any required testing to ensure that the construction adheres to standards of this chapter, any franchise, any permit, and any other requirement of the grantor.
(3) Both grantee and grantor may hire contractors, at grantee's sole expense, to carry out any work under this chapter. Grantee shall make payment within ten days of billing from the grantor. Grantee shall be responsible for any damage caused by the construction including, but not limited to, damage to the public right-of-way, private property, streets, existing utilities, curbs, gutters and sidewalks. Grantee shall pay the grantor any costs incurred as a result of such damages including repairs made by the grantor except for costs incurred as a result of the grantor's sole negligence or its employees' and agents' sole negligence. Grantee shall complete restoration of or repairs to any damage caused by the construction within ten days from the date of written notice from the grantor. (4) In lieu of the inspection portion of the labor payment or permit fees described above, at the grantor's sole option, the grantor may require grantee at grantee's sole expense, to hire a consultant, who is acceptable to and under the supervision of the grantor to inspect the installation of the facilities on behalf of the grantor, or provide other services as mutually agreed to by the parties. (V) Progress of the construction. Grantee, with the grantor's assistance, shall develop a construction schedule and submit it to the grantor at least 90 days prior to the start of work. Prior to the underground construction of any of the facilities or the installation of any of the nodes or power supplies, unless otherwise agreed to, grantee shall furnish detailed plans of the proposed construction and changes thereto to the grantor. The proposed node sites must be approved by the grantor prior to construction of the underground plant.
Depending on health and safety issues, and input from residents, the grantor, at its sole discretion, may require proposed node sites to be relocated by grantee. In the installation of the facilities, nodes or power supplies, grantee shall comply with the grantor's standard construction requirements relating to telephone facilities and other comparable utility installations.
(W) Construction notification.
(1) Construction plan. Unless otherwise governed by grantor's construction regulations and ordinances, at least 180 days prior to any construction, and from time to time thereafter, grantee shall file with the city engineer or other designated employees of the city, a general construction plan describing in detail the facilities construction plans, areas to be served, and an estimated time schedule for such construction, grantee reserves the right to modify or change its construction plans at any time in its sole discretion, provided grantee provides written notice to the grantor. Any modifications to construction plans must be reviewed and approved by the grantor before modifications can be implemented by grantee.
(2) Notice to the grantor. The grantor shall have 30 days following receipt of the construction plan, or changes thereto, to approve or disapprove the construction plan.
(3) Notice to other providers. Grantee shall provide the grantor with general engineering base maps identifying existing underground and aerial utility routes, streets, parcels, poles, and construction needs including points of connections for existing residences, potential trench routes, and potential locations for nodes, amplifiers, and taps at least four months in advance of any underground construction, unless otherwise agreed to, which may be reviewed in advance by any interested party for the purpose of reducing the impact on the grantor's infrastructure and for the public's convenience and shall be approved or disapproved by the grantor within 60 days of receipt. (4) Traffic control plans. Grantee shall furnish detailed traffic control plans, which shall include site-specific hours of construction, to the city engineer no later than 30 days prior to the commencement of any construction activities which may affect or impact traffic (the "traffic control plan"). The city engineer shall provide comments, if any, to grantee within ten business days of receipt. The city engineer may specify and limit hours of construction in order to avoid traffic congestion during peak periods. No construction related activities may be conducted in the public right-of-way without an approved traffic control plan.
(5) Telephone contact. During construction, grantee shall provide the grantor a telephone contact number, and staff it during regular business hours, to enable the grantor to report any concerns regarding construction of the facilities. After business hours such calls will be routed to an on-call supervisor. In the event that the grantor reports any concerns to grantee, grantee shall respond in a timely manner.
Grantee shall correct within two business days any adverse impact to the grantor's use or operations or the use or operations of a third party caused by grantee's construction activities in the public right-of- way at no cost to the grantor.
(6) Daily notice. Every working day during construction, grantee shall notify the designated grantor staff member of the location of that next day's construction activities. The number of concurrent construction locations may be limited by the grantor.
(7) Project overview. No later than 150 days prior to commencement of construction, grantee shall file with the city manager or other designated employee of the grantor a project overview which shall contain an assessment of the operation of the nodes and power supplies, including without limitation, a noise study prepared by a licensed engineer approved by the grantor documenting noise generated from the nodes.
Once the project has been satisfactorily defined by grantee as determined by the grantor, the grantor will conduct and initial study to determine the appropriate level of environmental review. Grantee will submit the final engineering plans to the grantor for review and approval prior to the issuance of any permits.
(8) Public communication plans.
(a) 1. The grantee shall develop a public communication plan (communication plan) and submit it to the grantor for the grantor's review at least 120 days prior to commencement of construction.
The grantor shall approve or disapprove the communication plan within 30 business days of its receipt.
2. The communication plan shall including the following:
a. A written notification of property owners ad jacent to nodes, power supplies, amplifiers and taps not less than 60 days prior to the installation indicating the proposed location, a photograph of all above-ground or below-ground pedestals and other visible equipment from which their size must be apparent, and a detailed description of the equipment included within the node including: the electronic components, natural gas generator, electrical fans, and the anticipated noise levels during winter and summer months and emergency backup operations. Grantee will provide its non-toll telephone number and a
telephone number of the grantor which may be called if the property owner is concerned about the installation.
b. A mailing to all residents in a construction area 30 days in advance of construction activity. c. The hanging of door hangers on all residences in the construction area seven days prior to immediate construction activity.
d. A second written notice to the adjacent pr operty owner(s) not less than 15 days prior to installation of such node, amplifiers and taps which shall have the same information as set forth in division (W)(8)(a)(2)(a) above as well as the actual date of the installation of such node, amplifiers, power supplies and taps.
(b) Grantee shall furnish th e grantor with the specific locations of the nodes, amplifiers and power supplies at least 60 days in advance of the installation of the nodes. The grantor shall provide notice to property owners at grantee's expense. Grantee shall participate in any public hearings or meetings scheduled by the grantor and shall be prepared to answer questions concerning grantee's proposed construction of the facilities. Grantee shall have available at such meetings visual aids as appropriate such as slides, maps and diagrams. The proposed node locations in the city must be approved by the grantor prior to construction of the underground cable plant.
Depending upon health and safety issues, and input from residents, the grantor, at its sole discretion, may require proposed node, amplifiers and power supply sites be relocated by grantee.
(9) Maps and plans. Grantee shall maintain accurate maps and improvement plans of the facilities, in a manner consistent with telecommunications industry standards and which can be integrated into the grantor's geographic information system (GIS). Grantee shall furnish to the grantor two complete sets of as-built construction drawings and a copy of the drawings in AUTOCAD usable format within 60 days of completion of the construction of the facilities. Maps and improvement drawings shall be furnished to the grantor and other parties interested in performing work within the public right-of-way, upon request, at no cost to the grantor. Grantee shall pothole its facilities, at its expense, within 15 days of receipt of a written request from the grantor unless grantee can certify, with an associated indemnity approved by the city attorney, the exact location and depth of the facilities at the location where potholing is requested.
(10) Certification of completed facilities. Grantor shall provide grantee written notice of any street improvement project within grantor's service area. Upon receipt of said written notice, grantee shall certify in writing to grantor that its facilities located in the street improvement project are complete and require no further construction for a period of five years, other than maintenance, or grantee shall apply for all necessary permits and authorizations so that any necessary facilities will be installed and completed prior to completion of the street improvement project. (Ord. 2003-132, § 1, passed 10-21-03)
§ 5-4-9 Operations and maintenance.
(A) Customer service.
(1) A grantee shall maintain an office in the franchise service area, or at such other location as is approved by the grantor in writing, or as described in the franchise. That office must be open during all usual business hours, but in no case less than 48 hours per week, including during at least one weekend day per week. Grantor shall have a publicly listed, non-long-distance-charge telephone number that is in operation to receive subscriber complaints and requests on a 24-hour basis. Current information shall be maintained of all complaints and their disposition, and a summary thereof shall be submitted to grantor.
(2)(a) The grantee shall respond to requests as follows:
1. Within eight hours after receipt of a request for repairs relating to a service interruption affecting at least ten percent of the subscribers of the system;
2. Within 24 hours after receipt of requests for se rvice related to all other service interruptions; and
3. Within forty-eight 48 hours for all other complaints and requests for repair. (b) All cable system related problems shall be resolved within five business days unless technically infeasible. No charge shall be made to a subscriber for such service or repairs, except that grantee may charge for service calls not related to its cable system, or that are caused by the subscriber or members of its household, or the subscriber's agents or guests. (3) The grantee shall provide a telephone service system to receive all construction and service complaints. A sufficient number of customer service representatives shall be provided so that callers are not required to wait more than 30 seconds before being connected to a customer service representative 90 percent of the time, measured quarterly, or to receive busy signals more than three percent of the time, measured quarterly. The telephone number of the local office shall be listed in the telephone directory serving the city. The telephone service system shall accept complaints 24 hours a day, seven days a week. The telephone service system shall be capable of generating reports relating to answer times, response times, hold times, and abandoned calls. (4) Customer service personnel shall identify themselves by first names immediately. (5) Customers shall have the right to speak with a su pervisor, and if none is available, a supervisor shall return the customer's call within one working day.
(6) All officers, agents, or employees of the grantee, including its contractors or subcontractors, who come into contact with members of the public shall wear on their outer clothing a photo-identification card in a form reasonably acceptable to grantor. Grantee shall account for all identification cards at all times. Every vehicle of grantee, or its major subcontractors, shall be clearly identifiable as working for grantee.
(7) Grantee shall provide subscribers with the option of scheduling a four-hour period, either in the morning or afternoon, in which a service call will be made. (8) If a grantee representative is running late for an appointment with a customer, or will not be able to keep the appointment as scheduled, the customer will be contacted and the appointment will be rescheduled, as necessary, at a time which is convenient for the customer. The customer has the option of rescheduling the appointment within a specified two-hour period. (B) Remedies for inadequate performance. Except for rebuild or planned service interruptions for which grantee receives prior approval from the grantor, in the event that one-third or more of its service to any subscriber is interrupted for six consecutive hours, or for a total of 12 nonconsecutive hours within any 30-day period, and subscriber notifies grantee of said service interruption within 24 hours of subscriber discovery thereof, grantee shall provide a 10% rebate of the monthly fees to affected subscribers for each such consecutive six- hour or nonconsecutive twelve-hour service interruption period. Grantor shall provide a 50 percent rebate of the monthly fees to all affected subscribers for each failure to make a service call within the specified four- hour period. In no case shall such rebate exceed the monthly fee charged to the subscriber. (C) Biennial audit of performance.
(1) Grantor may require, at its option, that performa nce audits of the system be conducted every two years by an independent technical consultant selected and employed by grantor to verify that the system complies with all technical standards and other specifications of the franchise.
(2) Upon completion of a performance audit, th e grantor and grantee shall meet to review the performance of the cable system. The reports required by this chapter regarding subscriber complaints, the records of performance audits and tests, and the opinion survey report shall be utilized as the basis for review. In addition, any subscriber may submit complaints prior to or during the review meetings, either orally or in writing, and these shall also be considered. (3) Within 30 days after the conclusion of the syst em performance review meetings, grantor shall issue findings with respect to the adequacy of system performance and quality of service. If areas of noncompliance are found, grantor may direct grantee to correct the non-compliance within such period of time as grantor determines is reasonable.
(4) Participation by the grantor and the grantee in this process shall not waive any rights they may possess under applicable federal or state law.
(5) In addition to the biennial audit described above, grantor may conduct an annual audit of the same or lesser magnitude, at its sole expense, when and if determined necessary or appropriate by grantor. (D) System technical data. Grantee shall provide grantor with a computer disk or other data storage device requested by grantor, in format approved by grantor, which details and documents all of grantee's equipment and facilities and their geographic location in the city. Such computer disk or other device shall be in a format specified by the city and data shall be updated annually and whenever there have been significant changes in the location of grantee's equipment and facilities. In addition, grantee shall maintain in its local office, a complete and up-to-date set of as-built system maps upon completion of construction or reconstruction, equipment specification and maintenance publications, and signal level diagrams for each active piece of electronic equipment in the system. As-built drawings shall show all lines and installed equipment, and tap values and spigots. The scale of maps and drawings shall be sufficient to show the required details in easily readable form and size. Technical data at the local office shall also include approved pole applications, detail and documentation of satellite and microwave equipment, mobile radio units, heavy construction vehicles and equipment, and video and audio equipment normally used in the operation of the system. If grantor requires use of technical data in its own offices, it may make copies of any items at grantor's expense.
(E) Availability of technical data. All technical data reasonably necessary to demonstrate a grantee's compliance with FCC regulations and the franchise shall be available for grantor's inspection during normal business hours upon two business days notice. In the event of system failure or other operating emergency, the technical data will be made available at any time, so long as the provision of said data does not unreasonably interfere with grantee's operations.
(F) Emergency repair capability. It shall be grantee's responsibility to assure that is personnel, qualified to make repairs, are available at all reasonable times and that they are supplied with keys, equipment location instructions, and technical information necessary to begin repairs upon notification of the need to maintain or restore continuous service to the system.
(G) Customer service standards and procedures.
(1) Information to customers.
(a) The grantee shall, at the time service is initiated, provide each new subscriber with written information covering:
1. The time allowed to pay outstanding bills.
2. Grounds for termination of service.
3. The steps the grantee must take before terminating service.
4. How the customer can resolve billing disputes.
5. The steps necessary to have service re connected after involuntary termination.
6. The fact that customer service personnel must identify themselves by first names immediately.
7. The fact that subscribers have the right to sp eak with a supervisor, and if none is available, a supervisor shall return the subscriber's call within one working day.
8. The appropriate regulatory authority with which to register a compliant and how to contact that authority.
(b) In addition, at least once each calendar year, grantee shall notify each subscriber that information is available upon request concerning divisions (G)(1)(a)(1) Though (G)(1)(a)(8) above. (2) Written notices. Written notice of all terms of the customer agreement, the name, address and telephone number of the cable operator, all equipment and fee options, the availability of A/B switches, the availability of parental control devices, any reduced rates for seniors or other subscribers, the telephone numbers for customer complaints, the telephone number of the grantor, and other relevant information, shall be made by grantee to subscribers before service is commenced, at least once each calendar year, at any time upon the request of the subscriber, and whenever changes to such policies are made.
(3) Advance notice of changes. Except as otherwise provided by applicable law, advance notice of increases in fees or charges, and changes in channel lineup of stations or services, shall be sent to grantor and to subscribers at least 30 days before the changes are made, except for changes not known sufficiently in advance by grantee and not under grantee's control, or where grantor's waiver is obtained. Notices must be clearly identified and in print large enough to be easily readable. (4) Billing.
(a) Billing frequency and format. Bills for service shall be rendered monthly unless service is rendered for a period less than one month. All bills shall contain a telephone number and a mailing address for billing inquiries or disputes and shall clearly delineate all changes and the basis for those changes.
(b) Disputed bills.
1. In the event of a dispute between a subscr iber and the grantee regarding the bill, the grantee shall promptly make such investigation as is required by the particular case and report the results to the subscriber. If the dispute is not resolved to the satisfaction of both parties, the grantee shall inform the subscriber of the grantee's complaint procedures. If the subscriber wishes to obtain the benefits of divisions (G)(4)(b)(2) And (G)(4)(b)(3) below, notification of the disputed bill must be given by the subscriber to the grantee in writing within 30 days after the bill date.
2. The subscriber shall not be required to pay the disputed portion of the bill until the earlier of the following:
a. Resolution of the dispute; or
b. Expiration of the 45-day period beginning on the date of the subscriber's written notification, provided that the procedures established in Divisions (G)(4)(b)1. above have been followed.
(5) Suspension of collection efforts. Pending resolution of the billing dispute, grantee shall ensure that no termination notices are issued for the disputed portions of the bill, and that no other collection procedures are initiated for the disputed amount. Any such activity may be interpreted as an attempt to avoid the provisions of these rules and may constitute a violation of these rules. (6) Referral of accounts to collection agencies.
(a) Uncollected accounts may be referred to private collection agencies for appropriate action if the bill has not been paid by the earlier of:
1. Thirty days following date of involuntary termination; or
2. The sixty-first day following the billing date of the original uncollected amount, provided that no notification of a billing dispute has been made. (b) If the account was voluntarily terminated by subscriber, for any reason, the account may not be referred to a private collection agency until at least 30 days following submission of the final bill.
If notification of a billing dispute is made, all collection procedures shall be delayed as required indivision (G)(4)(b) above. entitled "Disputed bills." Referral to a collection agency shall then occur no sooner than the ninety-first day following the billing date of the original uncollected amount.
(7) Termination for nonpayment. Bills shall not be delinquent earlier than 22 days from the date of the bill, which must be mailed to subscribers within five working days prior to the stated due date. Subscribers must be notified in writing of a proposed disconnection for non-payment at least 15 days prior to disconnection.
(h) Refund. When a subscriber voluntarily discontinues service, grantee shall refund, within 20 days of the discontinuance of service, the unused portion of any advance payments after deducting any charges currently due through the date of such discontinuance. Unused payment portions shall be the percentage of time for which subscriber has paid for service and will not receive it because of the subscriber's discontinuation of service.
(Ord. 2003-132, § 1, passed 10-21-03)
§ 5-4-10 Violations.
(A) Use of public streets. From and after the effective date of this chapter, it shall be unlawful for any person to construct, install, or maintain in any public place within grantor's territory, or upon any easement owned or controlled by a public utility, or within any other public property of grantor, or within any privately-owned area within grantor's jurisdiction which is not yet, but is designated as, a proposed public place on a tentative subdivision map approved by grantor, any equipment, facilities, or system for distributing signals or services through a cable television system, unless a franchise has first been obtained hereunder, and is in full force and effect.
(B) Unauthorized connections. It shall be unlawful for any person to make or use any unauthorized connection to, or to monitor, tap, receive or send any signal or service via a franchised system, or to enable any person to receive or use any service, television or radio signal, picture, program, or sound, or any other signal without payment to the owner of said system.
(C) Tampering with facilities. It shall be unlawful, without the consent of the owner, to willfully attach to, tamper with, modify, remove or injure any physical part of or signals on a franchised cable television system. (Ord. 2003-132, § 1, passed 10-21-03)
§ 5-4-11 Termination and forfeiture.
(A) Revocation. Consistent with applicable law, and in addition to any rights set out elsewhere in this chapter, the grantor reserves the right to revoke a franchise, subject to the procedural guidelines set forth in § 5-4-14, in the event that:
(1) A grantee willfully or negligently, on a repeated basis, violates any material provision of this chapter or its franchise; and
(2) A grantee's construction schedule, as set forth in any franchise, is materially delayed, and such delay is within the control of grantee.
(B) Forfeiture. Upon failure of a grantee to comply with any material term of this chapter or its franchise, the grantor may, subject to the procedural guidelines set forth in § 5-4-14, declare a forfeiture. A grantee may be required to remove its structures or property from the grantor's streets and to restore those streets to their prior condition within a reasonable period of time. Upon failure to do so, the grantor may perform the work and collect all costs, including direct and indirect costs, from a grantee. At grantor's discretion, the cost thereof may be placed as a lien upon all plant, property, or other assets of a grantee. (Ord. 2003-132, § 1, passed 10-21-03)
§ 5-4-12. Franchise applications.
(A) Applicants for a franchise shall submit to grantor, or to its designated representative, written application in a format provided by the grantor, at the time and place specified by the grantor for accepting applications, and accompanied by the designated application fee. (B) A nonrefundable application fee, established by resolution of the grantor, shall accompany the application to cover all costs associated with processing the application, including without limitation, costs of administrative review, financial, legal and technical evaluation of the applicant, the costs of consultants (including technical and legal experts), notice and publication requirements, and document preparation expenses.
(C) In the event such costs exceed the application fee, the applicant shall pay the difference to grantor within 20 days following receipt of an itemized statement of such costs. This provision is procedural and shall not constitute the grant of any right to a grantee. (Ord. 2003-132, § 1, passed 10-21-03)
§ 5-4-13. Records; reports; right to inspect and audit; experts. (A) Grantee to provide records. All reports and records required under this section shall be furnished at the sole expense of grantee.
(B) Records. Grantor must maintain in its local offices, and make available for inspection during normal business hours, a separate and complete set of business records for the franchise. The grantee shall provide that information in such form as may be required by the grantor, as well as copies of any records of grantee upon grantor's request, so long as said information is directly or indirectly related to the scope of grantor's rights under this chapter, the franchise, or grantor's regulatory functions. (C) Maintenance and inspection of records. Grantee shall keep true and accurate books and records in conformity with generally accepted accounting principles, consistently applied, located in the franchise area that reasonably demonstrate a grantee's compliance with the obligations set forth in its franchise. Grantor shall, upon two business days notice, have the right to inspect said records and receive copies thereof to the extent said information is reasonably related to the scope of the grantor's rights under this chapter, the franchise, or the grantor's regulatory functions. Any grantee records kept at another place shall, within ten days of grantor's request, be made available at grantee's local premises within the county. (D) Reports of financial and operating activity.
(1) Written report. No later than 90 days after the clos e of grantee's fiscal year, grantee shall submit an audited written report to the grantor which shall include:
(a) A financial report, audited and certified by a fi nancial officer of grantee, for all cable system activity during the previous fiscal year, including gross receipts from all sources and gross subscriber revenues from each service. The report must set out separately all gross receipts from all sources in the city and gross subscriber revenues from each service in the city, and all payments, deductions, and computations of franchise fees; (b) A summary of the previous year's activities, in cluding, but not limited to, subscriber totals and new services offered and system construction activity;
(c) A current list of grantee's office rs, directors, and other principals if there has been any change in the previous year;
(d) A list of stockholders or other equity investor s holding 5% or more of the voting interests in grantee if there has been any change in the previous year; and (e) A summary of complaints receiv ed and remedial actions taken. (2) Performance tests and compliance reports. No late r than April 15 of each year, the grantee shall provide a written report of any FCC or other performance tests required or conducted. In addition, the grantee shall provide reports of the test and compliance procedures required by its franchise, or by this division no later than 30 days after the completion of those tests and compliance procedures. (3) Additional reports. The grantee sh all prepare and furnish to the grantor in writing, at the times and in the form prescribed by grantor, such additional reports or information as grantor may reasonably require to confirm and verify grantee's compliance with the provisions of its franchise and this chapter. (E) Examination of facilities. Upon two business days notice, and during normal business hours, grantee shall permit examination, by any duly authorized representative of grantor, of all franchise property and facilities, together with any appurtenant property and facilities of grantee situated within the public right-of-way which are directly or indirectly related to the cable system. (F) Right to audit.
(1) In addition to any other inspection rights unde r this chapter or the franchise, upon 30 days prior written notice, grantor shall have the right to inspect, examine, or audit, during normal business hours, all documents pertaining to a grantee or any affiliated person which are reasonably necessary to ascertain a grantee's compliance with its franchise or this chapter. Grantor may not exercise said right more frequently than once in any 12-month period. All such documents shall be made available at the local office of a grantee. All such documents pertaining to financial matters which may be the subject of an audit by the grantor as set forth herein shall be retained by a grantee for a minimum of five years during the term of and following the termination of a franchise. Access by the grantor to any of the documents covered by this division (F) shall not be denied by the grantee on grounds that such documents are alleged by the grantee to contain proprietary information. (2) Grantor may require written certification by a gran tee's directors, officers, or other employees with respect to all documents referred to in this division (F). (3) Any audit conducted by the granto r pursuant to this division (F) shall be conducted at the sole expense of the grantor, and the grantor shall prepare a written report containing its findings, a copy of which shall be mailed to a grantee; provided, however, that a grantee shall reimburse the grantor for the expense of any such audit if, as a result of said audit, it is determined that there is a shortfall of more than 2% in the amount of franchise fees or other payments which have been made or will be made by a grantee to the grantor pursuant to the terms of the franchise. (G) Retention of experts.
(1) In the exercise of its rights under this chapter, the grantor shall have the further right to retain technical experts and other consultants on a periodic basis for the purpose of monitoring, testing, and inspecting any construction, operation, maintenance or reconstruction of the system, and all parts thereof, or to ensure compliance with and enforcement of the provisions of this chapter and the franchise. (2) The grantor shall bear the cost of retaining such experts, provided that the grantee shall reimburse the grantor for all expenses related to the retention of said experts where this chapter or the franchise so provide, or under either of the following circumstances:
(a) The grantee has initiated proceedings which would no rmally require the grantor to retain such experts, such as the filing of a request for approval of a transfer or change in control, renewal to the extent allowed by law, expansion of the franchise service area, or the modification or amendment of the franchise; or
(b) The reports of such experts submitted to the granto r reveal that the grantee has failed to substantially comply with the terms and conditions of this chapter or of the franchise. (3) If grantee is required to reimburse grantor pursuant to this division (G), grantor shall send grantee an itemized description of such charges, and grantee shall pay such amount within 20 days after the receipt of such description.
(Ord. 2003-132, § 1, passed 10-21-03)
§ 5-4-14 Enforcement mechanism.
(A) Notice and hearing for franchise default.
(1) Unless otherwise provided in this chapter or in the franchise, prior to formal consideration by grantor of termination, revocation, or forfeiture of grantee's franchise, or any other penalty or administrative remedy available to the grantor, including liquidated damages, attributable to grantee's failure, willful, negligent, or otherwise, to adhere to the terms and conditions of the franchise or this division, grantor shall make written demand on grantee to correct the alleged default. Such written demand shall identify with specificity the alleged default, including the provision of the franchise, chapter, or regulation that is being violated, and the necessary action to cure the default. Grantor and grantee shall expeditiously meet to discuss the alleged default, at which time grantee shall indicate, in writing, the amount of time necessary to resolve the alleged problem. Giving due consideration to grantee's request, grantor shall, in writing, state the amount of time grantor will allow grantee to resolve the problem. During this time period, but in no event less than ten days before the final date for correction, grantee may request additional time to correct the problem, and grantor shall grant said request if grantor determines, in the exercise of its discretion, that such time is necessary due to delays beyond grantee's control. If the default continues for a period of ten days following the deadline for corrections, plus any extension thereof, a hearing before the legislative body of the grantor shall be scheduled by grantor on such franchise termination, revocation, forfeiture, or any other penalty or administrative remedy.
(2) The grantor shall provide written notice of such he aring, to a grantee no less than ten days before the hearing on the matter. Within five days after the receipt of said notice, grantee shall file any written objections to said notice. Any objections not raised within said five-day periods shall be deemed waived. At the hearing, grantor shall hear grantee, and any person interested in the manner, and shall determine, at that or subsequent public meetings, an appropriate course of action for enforcement or termination of grantee's franchise.
(B) Delegation of enforcement mechanisms. Such liquidated damages as grantor may assess against grantee pursuant to a grantee's franchise which do not include loss of the franchise may, at grantor's option, be determined by an officer or agency of the grantor to which it may delegate such administrative decisions,
subject to due process and the criteria contained in this chapter and the franchise, and subject to appeal to the city council.
(Ord. 2003-132, § 1, passed 10-21-03)
§ 5-4-15 Miscellaneous provisions.
(A) Captions. The section, division, and paragraph numbers and letters, and the captions throughout this chapter, are intended to facilitate reading and reference. Such numbers, letters, and captions shall not affect the meaning or interpretation of any part of this chapter. (B) Franchise references. A franchise which cites, refers to, or otherwise incorporates this chapter, or portions thereof, shall be deemed to be a franchise issued under and subject to this chapter. (C) Filing. When not otherwise specified in this chapter, all documents required to be filed with grantor shall be filed with the grantor's representative as designated by grantor. (D) Non-enforcement by the grantor. A grantee shall not be relieved of its obligation to comply with all provisions of this chapter, and of its franchise, and all laws and regulations, by reason of any failure of the grantor to demand prompt compliance.
(E) Continuity of service. it is the right of all subscribers to receive cable services so long as their financial and other obligations to a grantee are honored. In the event that a grantee elects to rebuild, modify, or sell the system, a grantee shall use due diligence and reasonable care to ensure that all subscribers receive continuous, uninterrupted service. In the event of a transfer of the system by grantee, the current grantee shall cooperate with the grantor or new grantee to operate the system for a temporary period, in order to maintain continuity of service to all subscribers. In the event that grantee, through its own fault, discontinues system-wide service for 72 continuous hours, and grantee is in material default of its franchise, or if the franchise is revoked by grantor (but not if grantor fails to renew the franchise), grantor may, by resolution, when it deems reasonable cause to exist, assume operation of the system for the purpose of maintaining continuity of the system may continue until the circumstances which, in the judgment of the grantor, threaten the continuity of service are resolved to grantor's satisfaction. Grantor shall be entitled to the revenues for any period during which it operates the system. (F) Operation by grantor. During any period when the system is being operated by grantor pursuant to division (E) above, grantor shall, as it may deem necessary, make any changes in any aspect of operations that, in grantor's sole judgment, are required for the preservation of quality of service and its continuity. (G) Management by grantor. Grantor may, upon assuming operation of a system franchised hereunder, appoint a manager to act for it in conducting the system's affairs. Such manager shall have such authority as may be delegated by grantor and shall be solely responsible to grantor for management of the system. Grantee shall reimburse grantor for all its reasonable costs, in excess of system revenues, incurred during grantor's operation if the franchise is in full force and effect during the period of grantor's operation. (H) Notices. All notices and other communications to grantee shall be addressed to it at the local address at which grantee conducts its business or as otherwise set forth in the franchise. All notices and other communications to grantor shall be addressed to the city manager, City of Laguna Niguel, 27801 La Paz Road30111 Crown Valley Parkway, Laguna Niguel, California 92677, or other address as may be designated by grantor.
(I) Force majeure; grantee's inability to perform. In the event grantee's performance of any of the terms, conditions, obligations, or requirements of this chapter, or any franchise granted hereunder, is prevented or impaired due to any cause beyond its reasonable control and not reasonably foreseeable, such inability to perform shall be deemed to be excused, and no penalties or sanctions shall be imposed as a result thereof.
Such causes beyond grantee's reasonable control and not reasonably foreseeable shall include, but not be
limited to, any acts of God, civil emergencies, labor unrest, strikes, utility interruptions, inability to obtain access to an individual's property on reasonable terms, and any inability of a grantee to secure all required authorizations or permits to utilize necessary poles or conduits, so long as grantee uses due diligence to timely obtain said authorizations or permits.
(J) Application. All of the provisions of this chapter shall be applicable to all cable operators and cable systems to the greatest extent permissible under applicable law. (Ord. 2003-132, § 1, passed 10-21-03)
Chapter 5 ADULT-ORIENTED BUSINESSES
Subchapter 1. General Pr ovisions, §§ 5-5-1—5-5-10
Subchapter 2. Application and Permits, §§ 5-5-11—5-5-20 Subchapter 3. Facilities and Employees, §§ 5-5-21—5-5-30 Subchapter 4. Miscellaneou s Provisions, §§ 5-5-31—5-5-33
SUBCHAPTER 1. GENERAL PROVISIONS
§ 5-5-1 Legislative purpose.
It is the purpose of this chapter to regulate adult-oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the city. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult- oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to adult-oriented materials 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 chapter to condone or legitimize the distribution of obscene material. (Ord. 98-100, § 3, passed 3-17-98)
§ 5-5-2 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Adult-oriented business operator (hereinafteror operator). A person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an adult-oriented business or the conduct of activities occurring on the premises thereof.
Adult-oriented businesses. Any one of the following:
(1) Adult arcade. An establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
(2) Adult bookstore. An establishment that has 30% or more of its stock in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas, or of adult-oriented merchandise. (3) Adult cabaret. A nightclub, restaurant, or similar business establishment which:
(a) Regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; (b) Which regularly features persons who appear semi-nude; and/or (c) Shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction of specified sexual activities or specified anatomical areas.
(4) Adult hotel/motel. A hotel or motel or similar business establishment offering public accommodations for any form of consideration which:
(a) Provides patrons with closed-circuit tele vision transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (b) Rents, leases, or lets any room for less than a six-hour period, or rents, leases, or lets any single room more than twice in a 24-hour period.
(5) Adult merchandise store. An establishment for which 30% or more of its merchandise is adult- oriented merchandise.
(6) Adult motion picture theater. A business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
(7) Adult theater. 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 display of specified anatomical areas or specified sexual activities. (8) Modeling studio. A business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, 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 paying such consideration. "Modeling studio" does not include schools maintained pursuant to standards set by the state board of education. "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."
Adult-oriented merchandise. Sexually oriented implements, paraphernalia, or novelty items, such as, but not limited to: dildos, auto sucks, sexually-oriented vibrators, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually- oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity or distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
Applicant. A person who is required to file an application for a permit under this chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an adult-oriented business.
Bar. For the purposes of this chapter, a bar is defined as any commercial establishment licensed by the California department of alcoholic beverage control to serve any alcoholic beverages on the premises.
Distinguished or characterized by an emphasis upon. 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. See Pringle v. City of Covina (1981) 115 Cal. App. 3d 151.
Figure model. Any person who, for pecuniary compensation, consideration, hire or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed, or otherwise depicted.
Health officer. The health officer of the city or their duly authorized representative.
Nudity or a state of nudity. 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.
Operate an adult-oriented business. The supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the conduct of activities of an adult- oriented business or activities within an adult-oriented business.
Permittee. The person to whom an adult-oriented business permit is issued.
Person. Any individual, partnership, copartnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.
Police chief. The police chief of the city or the authorized representatives thereof.
Regularly features. With respect to an adult theater or adult cabaret means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two or more occasions within a 30-day period; three or more occasions within a 60-day period; or four or more occasions within a 180-day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.
Semi-nude. A state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.
Specified anatomical areas. Any of the following:
(1) Less than completely and opaquely covered human:
(a) Genitals or pubic region;
(b) Buttocks; and
(c) Female breast below a point immediately above the top of the areola. (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered; and (3) Any device, costume or covering that simulates any of the body parts included in divisions (1) or (2) above.
Specified sexual activities. Any of the following, whether performed directly or indirectly through clothing or other covering:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;
(2) Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy; (3) Masturbation, actual or simulated; and
(4) Excretory functions as part of or in connecti on with any of the other activities described in divisions (1) through (3) above.
(Ord. 98-100, § 3, passed 3-17-98)
§ 5-5-3 Permits required.
(A) It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city, the operation of an adult-oriented business unless the person first obtains and continues to maintain in full force and effect a permit from the city as herein required (adult-oriented business regulatory permit). (B) It shall be unlawful for any person s to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult-oriented business unless the person first obtains and continues in full force and effect a permit from the city as herein required (adult-oriented business performer permit).
(Ord. 98-100, § 3, passed 3-17-98)
§§ 5-1-4—5-1-10 Reserved.
SUBCHAPTER 2. APPLICATION AND PERMITS
§ 5-5-11 Adult-oriented business regulatory permit required.
Every person who proposes to maintain, operate or conduct an adult-oriented business in the city shall file an application with the police chief upon a form provided by the city and shall pay a filing fee, as established by resolution adopted by the city council from time to time, which shall not be refundable. (Ord. 98-100, § 3, passed 3-17-98)
§ 5-5-12 Applications.
(A) (1) Adult-oriented business regulatory permits are no ntransferable, except in accordance with § 5-5-16. (2) Therefore, all applications shall include the following information:
(a) If the applicant is an individua l, the individual shall state their legal name, including any aliases, address, and submit satisfactory written proof that they are at least 18 years of age. (b) If the applicant is a partnership, the partners shall state the partnership's complete name, address, the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any.
(c) If the applicant is a corporatio n, 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 and capacity of all officers and directors, the name of the registered corporate agent and the address of the registered office for service of process.
(B) If the applicant is an individual, th ey shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a 10% or greater interest in the business entity shall sign the application.
(C) 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.
(D) 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 names and addresses of the owners and lessors of the adult-oriented business site.
(E) The address to which notice of action on the application is to be mailed. (F) The names of all employees, independent contractor s, and other persons who will perform at the adult- oriented business, who are required by § 5-5-17 to obtain an adult-oriented business performer license (for ongoing reporting requirements see § 5-5-17).
(G) A sketch or diagram showing the in terior configuration of the premises, including a statement of the total floor area occupied by the adult-oriented business. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
(H) A certificate and straight-line drawing prepared with in thirty 30 days prior to application depicting the building and the portion thereof to be occupied by the adult-oriented business, and:
(1) The property line of any other a dult-oriented business within 1,000 feet of the primary entrance of the adult-oriented business for which a Permit is requested; (2) The property lines of any church, school, park, with in 1,000 feet of the primary entrance of the adult- oriented business; and
(3) The property lines of any residential zone or use within 500 feet of the primary entrance of the adult- oriented business.
(I) A diagram of the off-street parking areas and prem ises entries of the adult-oriented business showing the location of the lighting system required by § 5-5-21.
(J) If the police chief determines that the applicant ha s completed the application improperly, the police chief shall promptly notify the applicant of such fact and, on request of the applicant, grant the applicant an extension of time of ten days or less to complete the application properly. In addition, the applicant may request an extension, not to exceed ten days, of the time for the police chief to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time.
(K) The fact that an applicant possesse s 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. (Ord. 98-100, § 3, passed 3-17-98)
§ 5-5-13 Investigation and action on application.
(A) Upon receipt of a completed app lication and payment of the application and permit fees, the police chief shall immediately stamp the application as received and promptly investigate the information contained in the application to determine whether the applicant shall be issued an adult-oriented business regulatory permit.
(B) Within 60 days of receipt of the completed app lication, the police chief and the community development department shall complete the investigation of the application in accordance with the provisions of this chapter, and the planning commission shall hold a public hearing on the application in accordance with the procedures set forth in § 9-1-15012 et seq.
(C) The planning commission shall grant the application an d issue the adult-oriented business regulatory permit upon finding that the proposed business meets the locational criteria of § 9-1-70354.4, and that the applicant has met all of the development and performance standards and requirements of § 5-5-21, unless the requirements of § 5-5-14 are not met, in which case the application shall be denied. (D) The police chief shall notify the applicant as follows. (a) The police chief shall write or st amp "granted" or "denied" on the application and date and sign such notation.
(b) If the application is denied, the police chief shall attach to the application a statement of the reasons for denial.
(c) If the application is granted, th e police chief shall attach to the application an adult-oriented business regulatory permit.
(d) The application as granted or denied and the permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the address stated in the application. (2) The permittee shall post the permit conspicuously in the adult-oriented business premises. (e) If the planning commission grants th e application or if the planning commission neither grants nor denies the application within 60 days after it is stamped as received (except as provided in § 5-5-12(J)), the applicant may begin operating the adult-oriented business for which the permit was sought, subject to strict compliance with the development and performance standards and requirements of § 5-5-21, unless the grant of the application or the approval of the application by the failure to act is appealed to the city council as provided for in § 5-5-20.
(Ord. 98-100, § 3, passed 3-17-98)
§ 5-5-14 Permit denial.
The planning commission shall deny the application if any of the following conditions exist:
(A) The building, structure, equipment, or location used by the business for which an adult-oriented business regulatory permit is required do not comply with the requirements and standards of the health, zoning, fire and safety laws of the city and the state, or with the locational or development and performance standards and requirements for adult-oriented businesses contained in this Code; (B) The applicant, their employee, ag ent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult- oriented business regulatory permit;
(C) An applicant is under 18 years of age;
(D) The required application fee has not been paid;
(E) Within the past three years, th e applicant has been convicted of any of the following offenses: one or more violations of California penal code §§ 315, 316, 318, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b), and 647(d); any equivalent violation of the code of another state, or the applicant has had an adult-oriented business regulatory permit revoked by this city or any other governmental entity within the past three years; and
(F) The adult-oriented business does not comply with the locational requirements of § 9-1-70354.4. (Ord. 98-100, § 3, passed 3-17-98)
§ 5-5-15 Expiration.
Each adult-oriented business regulatory permit shall expire one year from the date of issuance, and may be renewed only by filing with the police chief a written request for renewal, accompanied by the annual permit fee and a copy of the permit to be renewed. The request for renewal shall be made at least 30 days before the expiration date of the permit. When made less than 30 days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on as provided in this chapter for action upon applications for permits.
(Ord. 98-100, § 3, passed 3-17-98)
§ 5-5-16 Transfer of adult-oriented business regulatory permits. (A) A permittee shall not operate an adult-oriented busin ess under the authority of an adult-oriented business regulatory permit at any place other than the address of the adult-oriented business stated in the application for the permit.
(B) A permittee shall not transfer ownership or control of an adult-oriented business or transfer an adult- oriented business regulatory permit to another person unless and until the transferee obtains an amendment to the permit from the police chief stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the police chief in accordance with §§ 5-5-11 and 5-5-12, accompanies the application with a transfer fee in an amount set by resolution of the city council, and the police chief determines in accordance with § 5-5-13 that the transferee would be entitled to the issuance of an original permit.
(C) No permit may be transferred when the police chief has notified the permittee that the permit has been or may be suspended or revoked.
(D) Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void, and the permit shall be deemed revoked.
(Ord. 98-100, § 3, passed 3-17-98)
§ 5-5-17 Adult-oriented business performer permit.
(A) No person shall engage in or pa rticipate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult-oriented business, without a valid adult-oriented business performer permit issued by the city. All persons who have been issued an adult-oriented business regulatory permit shall promptly supplement the information provided as part of the application for the permit required by § 5-5-11, with the names of all performers required to obtain an adult-oriented business performer permit, within 30 days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension of the adult-oriented business regulatory permit.
(B) The police chief shall grant, deny, and renew adult-oriented business employee permits. (C) The application for a permit shall be made on a form pr ovided by the police chief. An original and two copies of the completed and sworn permit application shall be filed with the police chief. (D) The completed application shall contain the followi ng information and be accompanied by the following documents:
(1) The applicant's legal name and any other names (i ncluding "stage names" and aliases) used by the applicant;
(2) Age, date and place of birth;
(3) Height, weight, ha ir and eye color;
(4) Present residence addre ss and telephone number;
(5) Whether the applicant has ever been convicted of:
(a) Any of the offenses set forth in California Penal Code §§ 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(d)as those sections now exist or may hereafter be amended or renumbered;
(b) The equivalent of the aforesai d offenses outside the state. (6) Whether such person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If any person mentioned in this division (D)(6) 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. (7) State driver's license or identification number;
(8) Satisfactory written proof that the ap plicant is at least 18 years of age; (9) The applicant's fingerprints on a form provided by the police department, and a color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant; and
(10) If the application is made for the purpose of renewi ng a license, the applicant shall attach a copy of the license to be renewed.
(E) The completed application shall be accompanied by a non-refundable application fee. The amount of the fee shall be set by resolution of the city council.
(F) Upon receipt of an application and payment of the application fees, the police chief shall immediately stamp the application as received and promptly investigate the application. (G) If the police chief determines that the applicant ha s completed the application improperly, the police chief shall promptly notify the applicant of such fact and grant the applicant an extension of time of not more than ten days to complete the application properly. In addition, the applicant may request an extension, not to exceed ten days, of the time for the police chief to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time. (Ord. 98-100, § 3, passed 3-17-98)
§ 5-5-18. Investigation and action on application.
(A) Within five days after receipt of the properly completed application, the police chief shall grant or deny the application and so notify the applicant as follows.
(1) The police chief shall write or st amp "granted" or "denied" on the application and date and sign such notation.
(2) If the application is denied, the police chief shall attach to the application a statement of the reasons for denial.
(3) If the application is granted, th e police chief shall attach to the application an adult-oriented business regulatory permit.
(4) The application is granted or denied and the permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the address stated in the application. (B) The police chief shall grant the a pplication and issue the permit unless the application is denied for one or more of the reasons set forth in division (D) below.
(C) If the police chief grants the applic ation or if the police chief neither grants nor denies the application within five days after it is stamped as received (except as provided in § 5-5-17(G), the applicant may begin performing in the capacity for which the license was sought. (D) The police chief shall deny the applicat ion for any of the following reasons:
(1) 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; (2) The applicant is under 18 years of age;
(3) The adult-oriented business employee permit is to be used for performing in a business prohibited by state or city law;
(4) The applicant has been registered in any state as a prostitute; and (5) The applicant has been convicted of any of the offe nses enumerated in § 5-5-17(D)(5) or convicted of an offense outside the state that would have constituted any of the described offenses if committed within the state. A permit may be issued to any person convicted of the described crimes if the conviction occurred more than five years prior to the date of the application. (E) Each adult-oriented business performer permit shall ex pire one year from the date of issuance, and may be renewed only by filing with the police chief a written request for renewal, accompanied by the application fee and a copy of the permit to be renewed. The request for renewal shall be made at least 30 days before the expiration date of the permit. When made less than 30 days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on as provided herein for applications for permits.
(Ord. 98-100, § 3, passed 3-17-98)
§ 5-5-19 Suspension or revocation of adult-oriented business regulatory permits and adult- oriented business performer permits.
An adult-oriented business regulatory permit or adult-oriented business employee permit may be suspended or revoked in accordance with the procedures and standards of this section.
(A) On determining that grounds for permit revocation exist, the police chief shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing, and the ground or grounds upon which the hearing is based, the pertinent code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, or shall be delivered to the permittee personally, at least ten days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the police chief, but at a minimum shall include the following:
All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. 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 a witness. The police chief's decision may be appealed in accordance with § 5-5-20. (B) A permittee may be subject to suspension or revo cation of their permit, or be subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the permittee, or an employee, agent, partner, director, stockholder, or manager of an adult-oriented business:
(1) The permittee has knowingly made any false, m isleading or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the city; (2) The permittee, employee, agent, partner, direct or, stockholder, or manager of an adult-oriented business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult-oriented business, or in the case of an adult-oriented business performer, the permittee has engaged in one of the activities described below while on the premises of an adult-oriented business:
(a) Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation. (b) Use of the establishment as a place where un lawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur.
(c) Any conduct constituting a criminal offense which requires registration under California Penal Code § 290.
(d) The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of California Penal Code §§ 315, 316, 318, or § 647(b). (e) Any act constituting a violat ion of provisions in the California penal code relating to obscene matter or distribution of harmful matter to minors, including but not limited to §§ 311 through 313.4; and
(f) Any conduct prohibited by this chapter.
(3) Failure to abide by a disciplin ary action previously imposed by an appropriate city official. (C) After holding the hearing in acco rdance with the provisions of this section, if the police chief finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the police chief shall impose one of the following:
(1) A warning;
(2) Suspension of the permit for a specified period not to exceed six months; and (3) Revocation of the permit.
(Ord. 98-100, § 3, passed 3-17-98)
§ 5-5-20 Appeal of denial, suspension or revocation.
(A) After approval or denial of an application for an a dult-oriented business regulatory permit, or after approval or denial of the renewal of such a permit, or after suspension or revocation of such a permit, the applicant, person to whom the permit was granted, or any other interested person, may seek review of such administrative action by the city council in accordance with the procedures set forth in § 9-1-15012 et seq. of this Code.
(B) After denial of an application for an adult-oriented business performer permit, or after denial of renewal of such permit, or after suspension or revocation of such a permit, the applicant, or person to whom the permit was granted, may seek review of such an administrative action by the city council in accordance with the provisions of §§ 2-2-8 through 2-2-11.
(C) After action has been taken to approve, deny, suspend, or revoke a permit pursuant to this section, the applicant, permittee, or other interested person, may seek prompt judicial review of such administrative action pursuant to California Code of Civil Procedure § 1094.5. The city shall make all reasonable efforts to expedite such judicial review.
(Ord. 98-100, § 3, passed 3-17-98)
SUBCHAPTER 3. FACILITIES AND EMPLOYEES
§ 5-5-21 Adult-oriented business development and performance standards. (A) Maximum occupancy load, fire exits, aisles and fire eq uipment shall be regulated, designed and provided in accordance with the fire protection and building and safety regulations and standards adopted by the County fire authority and the city.
(B) Adult-oriented businesses shall comp ly with the building and safety regulations contained in title 8, the sign regulations contained in § 9-1-14470 et seq., and the offstreet parking regulations contained in § 9-1-14560 et seq. of this Code. Signage shall conform to the standards of this Code, except that such signs shall contain no suggestive or graphic language, photographs, silhouettes, drawings, statutes, monuments, sign shapes or sign projections, or other graphic representations which depict the human body or anatomy, or any portion thereof, whether clothed or unclothed, including without limitation representations that depict "specified anatomical areas" or "specified sexual activities."
(C) No adult-oriented business shall be operated in any manner that permits the observation of any material or activities depicting, describing or relating to "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, and any exterior windows shall be covered with opaque covering at all times.
(D) All off-street parking area and premise entries of the sexually-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 sexually- oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises. (E) The premises within which the adult-oriented busin ess 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.
(F) Except for those businesses also regulated by the stat e department of alcoholic beverage control, an adult- oriented business shall be open for business only between the hours of 8:00 a.m. and 12:00 a.m. on any particular day.
(G) The building entrance to an adult-oriented busine ss shall be clearly and legibly posted with a notice indicating that persons under 18 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. No person under the age of 18 years shall be permitted within the premises at any time. (H) All indoor areas of the adult-orie nted business within which patrons are permitted, except restrooms, shall be open to view by the management at all times.
(I) Any adult-oriented business which is also an "adult arcade," shall comply with the following provisions. (1) 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 restrooms. Restrooms may not contain video reproduction equipment. If the premises have 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 division (I)(1) must be direct line of sight from the manager's station. (2) The view area specified in division (I)(5) shall remain unobstructed by any doors, walls, merchandise, display racks, or other materials at all times. 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. (3) No viewing room may be occupied by more than one person at any one time. (4) The walls or partitions between viewing rooms or b ooths shall be maintained in good repair at all times, with no holes between any two such rooms 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 or rooms.
(5) 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 restrooms, 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. (6) 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 improper maintenance and inadequate sanitary controls; repeated instances of such conditions may justify suspension or revocation of the owner and operator's license to conduct the adult-oriented establishment.
(J) All areas of the adult-oriented business shall be illuminated at a minimum of the following foot-candles, minimally maintained and evenly distributed at ground level:
Area Foot-candles
Bookstores and other retail establishments 20
Theaters and Cabarets 5
(Except during performances at which times lighting
shall be at least 1.25 foot-candles.)
Arcades 10
Motels/hotels 20
(In public areas.)
Modeling studios 20
(kK) The adult-oriented business shall provide and mainta in separate restroom facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from any adult material. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this division (K) shall not apply to an adult-oriented business which deals exclusively with sale or rental of adult material which is not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide restroom facilities to its patrons or the general public. (L) The following additional requirements shall pe rtain to adult-oriented businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities, except for businesses regulated by the alcoholic beverage control commission:
(1) No person shall perform live entertainment for pa trons of an adult-oriented business except upon a stage at least 18 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. "Entertainer" shall mean any person who is an employee or independent contractor of the adult-oriented business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an adult-oriented business.
(2) The adult-oriented business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use.
(3) The adult-oriented business shall provide an entrance/exit for entertainers which is separate from the entrance/exit used by patrons.
(4) 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 feasible, 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 the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers.
(5) No entertainer, either before, during or after 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 division (L) shall only apply to physical contact on the premises of the adult-oriented business.
(6) Fixed rail(s) at least 30 inches in height sha ll be maintained establishing the separations between entertainers and patrons required by this division (L). (7) No patron shall directly pay or give any gratuity to any entertainer and no entertainer shall solicit any pay or gratuity from any patron.
(8) No owner or other person with managerial contro l over an adult-oriented business (as that term is defined herein) shall permit any person on the premises of the adult-oriented business to engage in a live showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque coverage, and/or the female breast with less than a fully opaque coverage over any part of the nipple or areola and/or covered male genitals in a discernibly turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical part required to be covered.
(M) Adult-oriented businesses shall empl oy security guards in order to maintain the public peace and safety, based upon the following standards:
(1) Adult-oriented businesses featurin g live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than 35 persons, an additional security guard shall be on duty.
(2) Security guards for other adult-oriented businesse s may be required if it is determined by the police chief that their presence is necessary in order to prevent any of the conduct listed in § 5-5-19(B)(2) from occurring on the premises.
(3) 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 and shall be duly licensed as a security guard as required by applicable provisions of state law. No security guard required pursuant to this division (M)(3) 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. (N) The foregoing applicable 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 revocation of the permit issued pursuant to these regulations. (Ord. 98-100, § 3, passed 3-17-98)
§ 5-5-22 Register and permit number of employees.
Every permittee of an adult-oriented business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities must maintain a register of all persons so performing on the premises and their permit numbers. Such register shall be available for inspection during regular business hours by any police officer or health officer of the city. (Ord. 98-100, § 3, passed 3-17-98)
§ 5-5-23. Display of permit and identification cards.
(A) Every adult-oriented busin ess shall display at all times during business hours the permit issued pursuant to the provisions of this chapter for such adult-oriented business in a conspicuous place so that the same may be readily seen by all persons entering the adult-oriented business. (B) The police chief shall provide each adult-oriented business performer required to have a permit pursuant to the chapter, with an identification card containing the name, address, photograph and permit number of such performer.
(C) An adult-oriented business performe r shall have such card available for inspection at all times during which such person is on the premises of the adult-oriented business. (Ord. 98-100, § 3, passed 3-17-98)
§ 5-5-24 Employment of and services rendered to persons under the age of 18 years prohibited.
(A) It shall be unlawful for an y 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 18 years of age.
(B) It shall be 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, any person who is not at least 18 years of age. (Ord. 98-100, § 3, passed 3-17-98)
§§ 5-5-25—5-5-30 Reserved.
SUBCHAPTER 4. MISCELLANEOUS PROVISIONS
§ 5-5-31 Inspection.
(A) An applicant or permittee shall permit representatives of the following to inspect the premises of an adult-oriented business for the purpose of insuring compliance with the law and the development and performance standards applicable to adult-oriented businesses, at any time it is occupied or opened for business:
(1) County sheriff's department, which pr ovides police services to the city; (2) County health agency, which provid es health services to the city; (3) County fire authority, which provides fire protection services to the city; (4) The city community development department; and
(5) All other city departments or agencies.
(B) A person who operates an adult-oriented business or their agent or employee is in violation of the provisions of this section if they refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.
(Ord. 98-100, § 3, passed 3-17-98)
§ 5-5-32 Regulations nonexclusive.
The provisions of this chapter regulating adult-oriented businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the city council.
(Ord. 98-100, § 3, passed 3-17-98)
§ 5-5-33 Employment of persons without permits unlawful.
It shall be unlawful for any owner, operator, manager, or permittee in charge of or in control of an adult- oriented business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities to allow any person to perform such entertainment who is not in possession of a valid, unrevoked adult-oriented business performer permit.
(Ord. 98-100, § 3, passed 3-17-98)
Chapter 6 PERMITTING OF TAXICABS AND TAXICAB BUSINESSESRESERVED Subchapter 1. General Provisions, §§ 5-6-1—5-6-15
TITLE 5 - BUSINESS AND SPECIAL LICENSES; BUSINESS REGULATIONS Division 6 - PERMITTING OF TAXICABS AND TAXICAB BUSINESSES ARTICLE 1. GENERAL PROVISIONS
SUBCHAPTER 1. GENERAL PROVISIONS
Sec. 5-6-1. Definitions.
For the purpose of this division, the words and phrases herein defined shall be construed in accordance with the following definitions.
(a) City means the City of Laguna Niguel.
(b) City authorization means city authorization to operate a taxicab business in the city. (c) Driver means a person who drives or controls the movements of a taxicab. (d) Driver's permit means a valid permit issued by OCTAP authorizing a person to drive or control the movements of a taxicab.
(e) OCTAP means the Orange County Taxicab Administration Program administered by the Orange County Transportation Authority.
(f) Operate a taxicab means to drive a taxicab and either solicit or pick up passengers for hire in the city. (g) Owner means the registered owner or lessor of a taxicab. (h) Person includes natural person, firm, association, organization, partnership, business, trust, corporation, or public entity.
(i) Taxicab means a vehicle operated within the jurisdiction of the city, capable of carrying not more than eight persons, excluding the driver, and used to carry passengers for hire. The term shall exclude a vehicle operating as a charter party carrier licensed as such by any state agency, including the public utilities commission, or any other vehicle having a certificate of public convenience and necessity issued by any state agency, including the public utilities commission. (j) Taxicab business permit means a valid permit issued by OCTAP authorizing a person to operate a taxicab business.
(k) Taxicab vehicle permit means a valid permit issued by OCTAP authorizing a particular vehicle to be operated as a taxicab.
(97-98, § 1, 12-2-97)
Sec. 5-6-2. City authorization required.
(a) A person shall only operate a taxi cab if the owner of that taxicab is authorized by the city to operate a taxicab business in the city.
(b) An owner shall only allow a taxicab owned by the owner to be operated if the owner is authorized by the city to operate a taxicab business in the city.
(c) The procedures for city authoriz ation to operate a taxicab business in the city shall be established by separate resolution of the city council.
(97-98, § 1, 12-2-97)
Sec. 5-6-3. Driver's permit required.
A person shall only operate a taxicab if that person possesses a driver's permit and if city authorization has been obtained. An owner shall only allow a driver to operate a taxicab owned by the owner if that driver possess a driver's permit and if city authorization has been obtained. (Ord. No. 97-98, § 1, 12-2-97)
Sec. 5-6-4. Taxicab vehicle permit required.
A person shall only operate a taxicab if that vehicle displays a taxicab vehicle permit and if city authorization has been obtained. An owner shall only allow a taxicab owned by the owner to be operated in the city if that vehicle displays a taxicab vehicle permit and if city authorization has been obtained. (97-98, § 1, 12-2-97)
Sec. 5-6-5. Taxicab business permit required.
A person shall only operate a taxicab business in the city if that person possesses a taxicab business permit and if city authorization has been obtained.
(Ord. No. 97-98, § 1, 12-2-97)
Sec. 5-6-6. Application for permits.
Application for a driver's permit, taxicab vehicle permit or taxicab business permit shall be made to OCTAP, upon a form provided by OCTAP and shall be accompanied by an application fee sufficient to cover the administrative costs of processing said application as established by OCTAP and adopted by separate resolution of the city council.
(Ord. No. 97-98, § 1, 12-2-97)
Sec. 5-6-7. Testing for controlled substances and alcohol.
A driver shall test negative for controlled substances and alcohol as required by applicable state statutes. (Ord. No. 97-98, § 1, 12-2-97)
Sec. 5-6-8. Insurance required.
A driver operating a taxicab in the city shall carry with him/her at all times proof of insurance covering that vehicle with such policy limits and coverage as established by OCTAP and adopted by separate resolution of the city council. Said proof of insurance must clearly identify the vehicle covered. (Ord. No. 97-98, § 1, 12-2-97)
Sec. 5-6-9. Nontransferability.
No permit issued under this division shall be assigned to, or used by, any person or vehicle other than the person or vehicle named in such permit.
(Ord. No. 97-98, § 1, 12-2-97)
Sec. 5-6-10. Equipment.
A taxicab operated under the authority of this division shall be equipped according to the standards established by OCTAP and adopted by separate resolution of the city council. (Ord. No. 97-98, § 1, 12-2-97)
Sec. 5-6-11. Mechanical condition.
A taxicab operated under the authority of this division shall be maintained according to the standards established by OCTAP and adopted by separate resolution of the city council. (Ord. No. 97-98, § 1, 12-2-97)
Sec. 5-6-12. Operational requirements.
(a) A driver shall only carry a passe nger to his/her destination by the most direct and accessible route. (b) A taxicab shall have all permits issued by OCTAP conspicuously displayed according to the standards established by OCTAP and adopted by separate resolution of the city council. (c) A taxicab shall have the following information contin uously posted in a prominent location in the taxicab passenger's compartment according to the standards established by OCTAP and adopted by separate resolution of the city council:
(1) A schedule of rates and charges for the hire of said taxicab; (2) The driver's name and address;
(3) The owner's name, address and telephone number;
(4) The taxicab identification number;
(5) The driver's permit issued pursuant to this division; (6) The taxicab vehicle permit issue d pursuant to this division; and (7) Any other information required by the city.
(d) A driver shall give a receipt for the amount charged upon the request of the person paying the fare. (e) A taxicab shall only be operated if the passenger co mpartment is kept in a clean and sanitary condition. (f) A driver shall not leave his taxicab to solicit passengers. (g) The name or trade name of the owner and the number by which the taxicab is designated shall be printed, stamped or stenciled conspicuously on the outside of each taxicab according to the standards established by OCTAP and adopted by separate resolution of the city council. (Ord. No. 97-98, § 1, 12-2-97)
Sec. 5-6-13. Rates and charges.
No driver shall charge rates and charges other than those established by OCTAP and adopted by separate resolution of the city council.
(Ord. No. 97-98, § 1, 12-2-97)
Sec. 5-6-14. Separate from business licensing.
The requirements of this Ordinance are separate and independent from the business licensing and any other provisions under the city code.
(Ord. No. 97-98, § 1, 12-2-97)
Sec. 5-6-15. Penalty.
The city intends to secure compliance with the provisions of this division by any of the following alternate, separate and distinct methods. Each method set forth herein is intended to be mutually exclusive and does not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations. Each day a violation exists constitutes a separate offense.
Notwithstanding any other provision of this division, each violation of the provisions of this division may be enforced alternatively as follows:
(a) Infraction. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this division may be prosecuted for an infraction. Written citations for infractions may be issued by police officers or nonsafety employees designated by the city by separate resolution. Any person convicted of an infraction under the provisions of this division shall be punished either by fines as specified in the currently adopted uniform infraction bail schedule used by the Orange County municipal courts, or, where no fine is specified therein, by:
(1) A fine not exceeding $100.00 for a first violation; (2) A fine not exceeding $200.00 for a second violation within one year; (3) A fine not exceeding $500.00 for each additional violation within one year. (b) Misdemeanor. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this division may be prosecuted for a misdemeanor. Written citations for misdemeanors may be issued by police officers or by nonsafety employees designated by the city by separate resolution.
Any person convicted of a misdemeanor under the provisions of this division shall be punished by a fine not exceeding $1,000.00 or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment.
(c) Civil action. The city attorney by and at the request of the city council, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this division, as provided by law.
(d) Administrative hearing.
(1) Upon a finding by the city offi cial vested with the authority to enforce the various provisions of this division that a violation exists, he/she may notify the person(s) or company(ies) deemed responsible for said violation(s) that a public hearing shall be held before the city council to hear and determine the existence of said violation(s) and the anticipated compliance necessary, i.e., abatement or other action required.
(2) Said notification shall be in writing setting forth the alleged violation(s) and the anticipated action sought, and shall be given not later than ten days prior to the scheduled date of the hearing.
(3) The city council may preside over the hearing or , in the alternative, appoint a hearing officer to conduct the hearing, receive relevant evidence and to submit to the city council's findings and recommendations to be considered by the city council.
(4) The city council shall render its decision within 45 days from the date of the hearing or, in the event that a hearing officer has been appointed, within 45 days from the date on which the city council receives the findings and recommendations of the hearing officer. The decision of the city council shall be final and enforceable as provided by law.
(Ord. No. 97-98, § 1, 12-2-97)
Chapter 7 SIDEWALK VENDING
Subchapter 1. Definitions, § 5-7- 01
Subchapter 2. Permit Process, §§ 5-7- 052—5-7- 409
Subchapter 3. Business Regulations, §§ 5-7- 4510—5-7-50 Subchapter 4. Violations and Penalties §§ 5-7-11
SUBCHAPTER 1. DEFINITIONS
§ 5-7-1 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Certified farmers' market. A location operated in accordance with the California Food and Agricultural Code, Division 17, Chapter 10.5 and any regulations adopted pursuant to that chapter.
Director. The Director of Community Development of the City of Laguna Niguel, or their designee.
Food and merchandise. Only tangible items for immediate consumption and in possession of the vendor at the time and point of sale.
Impound. To seize or take custody of a sidewalk vending cart, equipment, utensils, food or merchandise (collectively classified as “items”) because of a violation of any applicable law or regulation.
Park. A public park owned or operated by the city.
Parkway. A piece of land located between the rear of a curb and the front of a sidewalk or between the sidewalk and property line, usually used for planting low ground cover and/or street trees and separating pedestrians from vehicles within the right-of-way.
Person. One or more natural persons, 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.
Roaming sidewalk vendor. A sidewalk vendor who moves from place to place and stops only to complete a transaction.
Sidewalk. A portion of a street between the curb line and the adjacent property line, or an easement or right of way held by the city across the front of private property, and intended for use of pedestrians. For purposes of this chapter, "sidewalk" shall also include a paved path or walkway owned by the city that is specifically designed
for pedestrian travel. "Sidewalk," for purposes of this division, does not include landscaped, parkway, and non- pathway areas, including turf, whether or natural or artificial, meant for passive recreation or sporting activities, decorative rock and gravel areas, benched viewing areas, and adjacent access walkways, and other similar areas not intended specifically for pedestrian travel and access to public or private facilities.
Sidewalk vending permit. a city permit issued to a sidewalk vendor pursuant this Chapter of the Municipal Code.
Sidewalk vendor. A person who vends from a vending cart or from one's person, upon a public sidewalk, parkway, pedestrian path, or other public right-of-way available to pedestrians other than persons authorized to vend in such areas pursuant to a lawfully issued temporary special permit, or in certified farmers' markets or swap meets.
Stationary sidewalk vendor. A sidewalk vendor who vends from a fixed location on a sidewalk.
Swap meet. A location operated in accordance with the California Business and Professions Code, Division 8, Chapter 9, Subchapter 6, being §§ 21660 through 21669.1, and any regulations adopted pursuant to that subchapter.
Temporary special permit. A permit, other than a sidewalk vending permit, issued by the city for the temporary use of, or encroachment on, the sidewalk or any other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts.
Vend or vending. To sell, offer for sale, display for sale, or solicit offers to purchase, food, food products, beverages, goods, or merchandise.
Vending cart. A pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance used for vending, that is not a vehicle as defined in the California Vehicle Code. (Ord. 2020-206, § 6, passed 7-21-20; Ord. 2020-207, § 5, passed 8-4-20) SUBCHAPTER 2. PERMIT PROCESS
§ 5-7-052 Permit required.
No person, either for themselves or any other person, shall conduct or engage in sidewalk vending within the city without first obtaining a sidewalk vending permit pursuant to this subchapter. All persons associated with a sidewalk vending operation, including but not limited to, employees or independent contracts are considered sidewalk vendors and are required to obtain separate and individual sidewalk vending permits. (Ord. 2020-206, § 6, passed 7-21-20; Ord. 2020-207, § 5, passed 8-4-20) § 5-7-103 Permit application.
(A) To apply for a sidewalk vending permit, a person must file an application with the director, accompanied by a nonrefundable processing fee in an amount established by resolution of the city council. (B) The application shall be in a form prescribed by the director and shall contain, at a minimum, the following:
(1) The legal name, current mailing address, and telephone number of the applicant; (2) If the applicant is an ag ent of an individual, company, partnership, corporation, or other entity, the name and business address of the principal;
(3) If the applicant will have employees, the name(s), current mailing address(es), and phone number of the person(s) that will be employed as stationary or roaming sidewalk vendor(s); (4) The number of sidewalk vending operations the vendor intends to operate within the city; (5) The days and hours of operation the applicant intends to operate; (6) Whether the applicant intends to operate as a stationary or roaming sidewalk vendor; (7) Description of the food or merchandise offered for sale; (8) If a vendor of food or food products, certificatio n to completion of a food handler course and proof of all required approvals from the County Department of Public Health; (9) A state seller's permit number pursuant to the California Revenue and Taxation Code § 6067 which shall be maintained for the duration of the vendor's city permit; (10) One of the following forms of identification, which upon collection, shall not be available by the city to the public for inspection and shall remain confidential and not be disclosed except as required to administer the permit or comply with state law or state or federal court order:
(a) A copy of the valid California Driver's License or identification Card issued to the vendor; or (b) A copy of the individual taxpayer iden tification number issued to the vendor. (11) For stationary vendors, a site plan or descriptio n of the proposed location(s) where vending will take place, showing that the sidewalk location maintains a minimum clear width of 48 inches of accessible route area for pedestrian travel when considering the vendor equipment and anticipated customer queue, or other minimum clear width for pedestrian travel required by the Americans with Disabilities Act of 1990, being 42 U.S.C. § 12101 et seq., or other federal or state law with regard to disability access;
(12) A copy of general liability policy naming the city as additional insured, in the amount of $1,000,000.00, which shall be maintained for the duration of the vendor's city sidewalk vending permit; (13) An acknowledgement that the ve ndor will comply with all generally applicable local, state and federal laws;
(14) Any other reasonable informatio n regarding the time, place, and manner of the proposed vending; (15) Certification by the applican t that the information contained in the application is true to their knowledge and belief;
(16) An agreement by the vendor to indemnify, defend (at the vendor's sole cost and expense), and hold the city, and its officers, officials, employees, representatives, contract employees, and agents, harmless, from all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the city's issuance of a sidewalk vending permit, the city's decision to approve the sidewalk vending permit, the operation of the sidewalk vending use and activity, and the process used by the city in making its decision. This indemnification shall include, but shall not be limited to, damages awarded against the city, if any costs of suit, attorney's fees, and other expenses incurred in connection with such claim, action or proceeding whether incurred by the permitee, city, and/or the parties initiating or bringing such proceeding; and
(17) An acknowledgement that use of public property is at the vendor's own risk, and the city does not warrant or take any steps to ensure public property is safe or conducive to sidewalk vending operations.
(Ord. 2020-206, § 6, passed 7-21-20; Ord. 2020-207, § 5, passed 8-4-20)
§ 5-7-154 Criteria for approval or denial of permit.
(A) Within 30 calendar days of receiving a complete application, as determined by the director, or their designee, the director shall approve the issuance of a permit unless they determine that:
(1) Information contained in the application, or suppl emental information requested from the applicant, is false in any material detail; or
(2) The applicant has failed to provide a complete application, after having been notified of the requirement to produce additional information or documents within 14 days of notification; or (3) The applicant has failed to demons trate an ability to conform to the operating standards set forth in § 5-7-4510, Operating Requirements; or
(4) The applicant has failed to demonstrate it can comply with disability access or traffic safety provision of the Municipal Code, or any statute, ordinance or regulation of the State, County, or any other public agency regulations adopted by reference by the city;
(5) The applicant has failed to pay any previous administrative fines, complete any community service, and/or complete any other alternative disposition associated with a previous violation of this chapter; or
(6) The applicant has had a sidewalk vending permit or similar permit rescinded within the past twelve 12 months by the city.
(B) If the permit is denied, written notice of such denial and the reasons therefor shall be provided to the applicant.
(Ord. 2020-206, § 6, passed 7-21-20; Ord. 2020-207, § 5, passed 8-4-20) § 5-7-205 Permit expiration and renewal.
(A) A sidewalk vending permit shall be valid for 12 months from the date of issuance, and shall expire and become null and void on the anniversary of its issuance. (B) A person may apply for a permit renewal on a form provided by the city prior to the expiration of their active sidewalk vending permit.
(Ord. 2020-206, § 6, passed 7-21-20; Ord. 2020-207, § 5, passed 8-4-20) § 5-7-256 Permit rescission.
(A) The director may rescind a permit issued to a sidewalk vendor for a fourth violation or subsequent violation of this chapter.
(B) A sidewalk vendor whose permit is rescinded may apply for a new sidewalk vending permit upon the expiration of the term of the rescinded permit.
(Ord. 2020-206, § 6, passed 7-21-20; Ord. 2020-207, § 5, passed 8-4-20) § 5-7-307 Appeals.
Any person aggrieved by the decision of the director to issue, deny issuance, or rescind a sidewalk vending permit may appeal the decision to the city council. The appeal shall be filed with the city clerk within 15 days following the date of the director's decision.
(Ord. 2020-206, § 6, passed 7-21-20; Ord. 2020-207, § 5, passed 8-4-20) § 5-7-358 Permits nontransferable.
No permit granted pursuant to this chapter shall be transferable. (Ord. 2020-206, § 6, passed 7-21-20; Ord. 2020-207, § 5, passed 8-4-20) § 5-7-409 Permit display.
The sidewalk vending permit shall, during the time such permitee is engaged in sidewalk vending, be worn constantly and conspicuously by the permitee on the front of their outer garment. Sidewalk vendors shall be required to exhibit their permits and/or licenses at the request of any person. If multiple sidewalk vendors are staffing a sidewalk vending operation, each vendor shall, during the operation of sidewalk vending, conspicuously display their permit on the front of their outer garment. (Ord. 2020-206, § 6, passed 7-21-20; Ord. 2020-207, § 5, passed 8-4-20) SUBCHAPTER 3. BUSINESS REGULATIONS
§ 5-7-4510 Operating requirements.
Sidewalk vendors shall comply with the following:
(A) The sidewalk vendor shall be duly licensed and meet all requirements of Title 5, chapter 7, Subchapter
2. (B) No sidewalk vendor shall vend in the following locations:
(1) On a sidewalk or pathway immediately adjacent to a portion of a street or highway that is designated by signs or red curb markings as a "no stopping" or "no parking" zone; (2) On any sidewalk with a gradient in excess of 10%;
(3) Within 500 feet of a freeway onramp or off- ramp as prohibited by California Vehicle Code § 22520.25;
(4) Upon or within any roadway, median strip within a roadway, or dividing section of a roadway; (5) Within 500 feet of a permitted certified farmers' market, a swap meet, or an area designated for a temporary special permit. This prohibition shall be limited to the operating hours of the farmers' market or swap meet, or the limited duration of the temporary use permit; (6) Within 200 feet of City Hall, an y police station, or any fire station; The distance shall be measured from the property line of the lot or parcel on which City Hall, or the police station or fire station is located.
(7) Within 48 inches of another vendor;
(8) Within 500 feet of private or public academic sc hool attended by elementary, junior high, or high school pupils. The distance shall be measured from the property line of the lot or parcel; and, (9) Within 25 feet of a:
(a) Street intersection;
(b) Automated teller machine;
(c) Fire hydrant, fire call box, fire escape or other emergency facility; (d) Bus stop, loading zone, handicapp ed parking space or access ramp; (e) Driveway, alley, driveway apron, or crosswalk;
(f) Public art objects, items and display; and
(g) Storm-drain catch basin.
(10) Within 15 feet of streetlight , parking meters, above ground utility structures, or subsurface utility box, valve, or vault; or
(11) Within five feet of a parking meter.
(C) Sidewalk vendors and all aspects of their operatio ns, including but not limited to, any vending cart, any associated equipment, and any space occupied by the vendor of their employees, shall not occupy a space exceeding horizontal dimensions of a square measuring six feet by six feet. No vending cart, or associated equipment shall exceed a height of four feet. Sidewalk vendors may only use an umbrella or temporary covering for shade or protection from sun or rain, and it shall not exceed eight feet in height nor five feet in diameter.
Furthermore, the use of such an umbrella or temporary covering shall be fire rated as flame-resistant as approved by the County Fire Authority for any vending activities while an approved heating element or portable cooking equipment is in use.
(D) No sidewalk vendor shall vend in a manner that blocks or obstructs the free movement of pedestrians or vehicles. Sidewalk vendors must at all times provide a minimum clear width of not less than 48 inches of accessible route area for pedestrians when considering the vendor equipment and anticipated customer queue, or such other minimum clear width for pedestrian travel as required by in compliance with the Americans with Disabilities Act of 1990, being 43 U.S.C. § 12101 et seq., or other provision of federal or state law with regard to disability access. (E) Sidewalk vending is permitted between the hours of 8:00 a.m. and 10:00 p.m., daily, except as follows. (1) In residential zones, sidewal k vending shall be permitted between the hours of 8:00 a.m. and 8:00 p.m.
(2) In nonresidential areas, the limit on hours of operation shall not be more restrictive than the hours of operation of other businesses or uses on the same street. (3) In parks, sidewalk vendors shall cease operations one hour prior to the close of the park, or by 10:00 p.m., whichever is earlier.
(F) Stationary sidewalk vendors shall not vend in areas that are zoned exclusively residential. (G) Stationary sidewalk vendors shall not vend at any park where the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire.
(H) Sidewalk vendors shall provide a trash receptac le for customers and ensure proper disposal of customer trash. Prior to leaving any vending location, the sidewalk vendor shall pick up, remove, and dispose of all trash generated by the vending operations or the vendor's customers. (I) These shall be no disposal of cooking materials or waste, including but not limited to used oil, into the city's trash receptacles, storm drains, plant material, or foliage. Vendors shall immediately clean up any food, grease, or other fluid or item related to the sidewalk vending operation that falls onto public property.
(J) The sidewalk vendor shall not attach to or use an y water lines, electrical lines, or gas lines during vending operations.
(K) Storage or display of equipment, materials, good s, wares, food, or merchandise associated with the vendor, outside the vending cart, is prohibited. All food and merchandise shall be located stored either inside or affixed to the vending cart or carried by the sidewalk vendor. The sidewalk vendor shall not store or keep any food or merchandise on public property. (L) Except for table, chair and shade structure for a stationary vendor, no other tables, chairs, fences, shade structures, other site furniture, or any freestanding signs shall be permitted in conjunction with the vendor's vending activities;
(M) Signage associated with the sidewalk vender must be located on the vending cart, and the vendor shall not display any signage on public property.
(N) All signage and advertising rela ted to the sidewalk vendor and or vending operations shall not be electrical, flashing, wind powered, or animated.
(O) The sidewalk vendor shall not use a horn, siren, amplified music, or any other audible device to attract attention to the presence of the vending vehicle.
(P) The sidewalk vendor location shall not block entrance s to private or public buildings, private or public driveways, parking spaces or building windows.
(Q) The sidewalk vendor shall not engage in aggressive sales, which shall include touching a person being offered food or merchandise without that person's consent, continuing to offer food or merchandise for sale to a person after they have declined to purchase food or merchandise, or deliberately blocking or impeding the path of the person(s) being offered food or merchandise. (R) Sidewalk vendors shall not vend to or otherwise conduct transactions with persons in moving vehicles or illegally parked or stopped vehicles.
(S) Sidewalk vendors shall possess at all times while vendi ng a valid permit issued pursuant to this division, as well as any other permit or license required by the city and any other appropriate governmental agency. The sidewalk vendor shall publicly display any and all required business and health licenses, including but not limited to a valid permit from the County Department of Public Health. (T) The sidewalk vendor shall remit all required and app licable taxes to the applicable taxing agencies. (U) The sidewalk vendor shall not leave their sidewalk vending operation unattended. (V) No equipment or objects used for sidewalk vending purposes may be left or maintained in public spaces or in any portion of the public right-of-way beyond the allowed hours of operation. Any equipment or objects left overnight in public spaces or in any portion of the public right-of-way will be considered discarded and may be seized or disposed of by the city. (W) The sidewalk vendor shall not use propane, natural ga s, or other explosive or hazardous materials. The vendor shall not use an open flame for the sidewalk vending operation. (X) The sidewalk vendor shall not sell alcohol, mariju ana, adult-oriented material, tobacco products, products that contain nicotine, or any product used to smoke/vape nicotine and/or marijuana, or any products not permitted to be sold in the zone in which the sidewalk vendor is located. (Y) No vending shall occur in roadways, medians, pedestrian islands, or bikeways. (Z) No vending shall occur immediat ely adjacent to existing above-ground amenities such as newsstands or street furniture including but not limited to benches and bike racks. (AA) Sidewalk vendors shall comply with all applicab le state and local laws, including without limitation state food preparation, handling, and labeling requirements; fire codes and regulations; noise standards; and the Americans with Disabilities Act of 1990, being 42 U.S.C. § 12101 et seq., and other disability access standards (both state and federal).
(BB) No vending cart shall become a permanent fi xture on the vending site or be considered an improvement to real property.
(CC) The sidewalk vendor shall keep and maintain the vending area in a clean and sanitary condition. (Ord. 2020-206, § 6, passed 7-21-20; Ord. 2020-207, § 5, passed 8-4-20)
SUBCHAPTER 4. VIOLATIONS AND PENALTIES
§ 5-7-5011 Administrative citations.
(A) A violation of this chapter by a sidewalk vendor wh o has a valid sidewalk vending permit from the city is punishable only by an administrative citation pursuant to title 1, chapter 3, in amounts not to exceed the following:
(1) One hundred dollars for a first violation;
(2) Two hundred dollars for a second violation within one year of the first violation; and (3) Five hundred dollars for each additional viol ation within one year of the first violation. (B) A person engaged in sidewalk vending without a va lid city sidewalk vending permit is punishable by an administrative citation pursuant to title 1, chapter 3, subchapter 2, in amounts not to exceed the following, in lieu of the amounts set forth indivision (A) above:
(1) Two hundred fifty dollars for a first violation;
(2) Five hundred dollars for a second violation within one year of the first violation; (3) One thousand dollars for each additional violat ion within one year of the first violation; and (4) Upon proof of a valid sidewalk ve nding permit issued by the city, the administrative citations set forth in this division (B) shall be reduced to amounts set forth in division (A) above. (C) A violation of this chapter shall no t be punishable as an infraction or misdemeanor. No person alleged to have violated the provisions herein shall be subject to arrest except when otherwise permitted by law. (D) Failure to pay an administrative citation issued pu rsuant to this section shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall not be assessed.
(E) When assessing administrative cita tions pursuant to this section, the hearing officer shall take into consideration the person's ability to pay the fine. The city shall provide the person with notice of their right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.
(F) If the person meets the criteria described in California Government Code § 68632 (a) or (b), the city shall accept, in full satisfaction, 20% of an administrative citation imposed pursuant to this chapter. (G) The hearing officer may allow a person to comple te community service in lieu of paying the total administrative citation, may waive the administrative citation, or may offer an alternative disposition. (Ord. 2020-206, § 6, passed 7-21-20; Ord. 2020-207, § 5, passed 8-4-20)
Chapter 8 Commercial Vending Vehicle
Subchapter 1. Definitions, § 5-8-1
Subchapter 2. Permit Process, §§ 5-8-2—5-8-8
Subchapter 3. Business Regulations, §§ 5-8-9—5-8-11
Subchapter 4. Exemptions § 5-8-12
Subchapter 5. Violations and Penalties §§ 5-8-13
SUBCHAPTER 1. DEFINITIONS
§ 5-8-1 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Animated sign. Any sign that uses movement or change of lighting to depict action or create a special effect on scene. Includes flashing, revolving signs, etc.
Applicant. Any person applying for a commercial vending vehicle permit from the City.
Commercial vending vehicle. A "vehicle," as defined in the California Vehicle Code, equipped and used for retail sales, mobile food vending, or offering of prepared, prepackaged, or unprepared food operating at one or more locations within the City. This de finition shall include trailers or wagons pulled by a Vehicle and used as described herein.
Director. The Director of Community Development of the City of Laguna Niguel, or their designee.
Food truck. A type of commercial vending vehicle that is used for mobile food vending.
Mobile food vending . As used in this chapter shall mean o ffering and/or preparing food, beverage, merchandise, or related product of any kind for sale or distribution from a food truck on any street, alley, highway, public place, or private property.
Operator. Any person who owns, controls, manages, leas es, drives, and/or operates a food truck or commercial vending vehicle for the purpose of mobile food vending.
Person. Any natural person, firm, partnership, associatio n, corporation, stockholder, including, but not limited to, owners, operators, lessors, and lessees of commercial vending vehicles and vehicles used for mobile food vending.
Residential street. As used in this chapter, shall mean a street containing residential property on one or more sides of the street.
Temporary permit. A permit, other than a commercial vending vehicle permit, issued by the city for the temporary use of, or encroachment on, the sidewalk or an y other public area, includi ng, but not limited to, an encroachment permit, specia l event permit, or temporary use permit, for purposes including, but not limited to, filming, parades, or outdoor concerts.
Vendor. As used in this chapter, means any person, applicant, or operator as defined in this chapter.
SUBCHAPTER 2. PERMIT PROCESS
§ 5-8-2 County permit required.
It shall be unlawful to engage in any operation of mobile food vending within the City without first obtaining all applicable permits from the County of Orange. All vendors shall have displayed in a conspicuous place on the food truck a current valid permit issued by the County.
§ 5-8-3 Commercial vending vehicle permit required.
(A) It shall be unlawful to engage in any operation of commercial vehicle vending within the City without a valid commercial vending vehicle permit issued by the Director, subject to the following conditions:
(1) All vendors shall have displayed in a conspicuous place on the commercial vending vehicle a current valid commercial vending vehicle permit issued by the City. (2) The term of a commercial vending vehicle permit, unless sooner suspended or revoked, shall be for a period of one year from the date of issuance.
(3) A commercial vending vehicle permit shall not be tran sferable to any other entity or person and is valid only as to the original applicant for the term stated. (4) Within 30 days of expiration of the commercial vending vehicle permit, the vendor may renew the permit for an additional one-year term by submitting a new application in conformance with this chapter and Title 5 of the Municipal Code and paying all associated fees. Failure to timely renew is grounds for denial of renewal.
(B) No commercial vending vehicle permit shall be requi red for a commercial vending vehicle operating in conjunction with an event authorized by a special event permit, temporary use permit, or other permitted event.
§ 5-8-4 Commercial vending vehicle permit application.
(A) All applications for a commercial vending vehicle permit shall require the following information:
(1) The business name under which the applicant proposes to conduct commercial vehicle vending; (2) The legal name and any other names used by the applicant; (3) The present residence and business address, telephone numbers, and email address of the applicant; (4) A description of the proposed commercial vehicle vending operation. This includes, but is not limited to, the type of vehicle(s), vending, and the general description of the type of food, beverage, merchandise, or related products to be sold;
(5) The makes, body styles, years, state license plate numbers, and names and addresses of the registered and/or legal owners of each commercial vending vehicle; (6) A copy of the current valid California registration for each commercial vending vehicle to be used; (7) A photograph, copy, or description of the logo, co lor scheme, insignia, and any other distinguishing characteristics of each commercial vending vehicle;
(8) A copy of the applicant's California driver's lic ense and individual taxpayer identification number issued to the applicant;
(9) The legal names, addresses and telephone numbers of all persons employed or intended to be employed, or with whom the applicant has contracted , leased or intends to contract with as driver and operator of the applicant's vehicle(s);
(10) A copy of the California seller's permit with the sales tax number issued by the California Department of Tax and Fee Administration to the applicant;
(11) A copy of all applicable permits issued by the Orange County Health Department or other applicable regulatory agencies authorizing the proposed vehicle vending operation to the applicant for mobile food vending;
(12) Identification of each jurisdicti on in California the applicant curre ntly operates and has previously operated a commercial vending vehicle for the last three years. If the applicant has ever had any similar license or permit revoked or suspended in th e last three years, the applicant must disclose the circumstances of such suspension or revocation;
(13) Proof of commercial general liability and automobile liability insurance, in an amount determined by the Director, but in no event less than $1,000,000 per occurrence, naming the City and its officials, officers, employees, agents, and volunteers as an additional insured and a certification that applicant shall maintain such coverage for the term of th e permit. Applicant is required to maintain such coverage for the term of the permit;
(14) A signed agreement by the applicant to indemnify, defend (at the applicant's sole cost and expense), and hold the City of Laguna Niguel, and its officers, officials, employees, representatives, and agents, harmless, from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the City's issuance or failure to issue a commercial vehicle vending permit, the City's decision to approve or its re fusal to approve the commercial vehicle vending permit, the operation of the commercial vehicle ve nding use and activity, and the process used by the City in making its decision. This indemnificat ion shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee, City, and/or the parties initiating or bringing such proceeding;
(15) A signed acknowledgment that use of public property is at the applicant’s own risk, and the City does not take any steps to ensure public property is safe or conducive to vending operations; (16) Such other identification and/or information as the City, in coordination with the City Attorney and Sheriff, may require to determine compliance with this chapter and other applicable laws; and (17) A signed declaration by the applicant that to their knowledge and belief, the information contained in the application is true.
(B) When any change in the business occurs regarding the written information required by this section prior to or after issuance of a permit, the app licant shall give written notification of such change to the Director within two weeks after such change.
(C) Prior to the issuance of a commercial vending vehicle pe rmit, the applicant may be required to file with a designee of the City a LiveScan background check conducted by the California Department of Justice within the previous six months of the application date.
§ 5-8-5 Review of permit application – decision.
(A) Within 30 days of receiving a comp lete commercial vending vehicle permit application and an acceptable LiveScan report issued by the Depart ment of Justice, the Director, or their designee, shall review the application to determine whether it complies with the requirements of this chap ter and shall approve or