created a limitation on which areas could be proposed. Of those three, the Palmdale City Library was approved by SCE. Staff continue to identify and apply for funding for the installation and purchase of EV Charging Stations throughout the City. The current EV Charging Stations available at City facilities are as follows:
Location Type
Oasis Park 4 — Level 2 (2 Dual)
Civic Center 2 — Level 2 (1 Dual)
1 — DC Fast
Ave S Park and Ride 4 — DC Fast
PTC 12 — Level 2 (6 Dual)
Rancho Vista Park 1 — Level 2
McAdam Park 12 — Level 2 (6 Dual) – COMING SOON
City Library 4 — Level 2 (2 Single & 1 Dual) –
COMING SOON
FISCAL IMPACT
$60,000; SCE Small Site Rebate Program will cover up to 100% of the purchase, installation, and maintenance of four EV Charging Ports at Palmdale City Library by installing two single and one dual unit. The anticipated total cost for this work is $40,000.
The infrastructure work, which is the City’s responsibility, is estimated to cost $20,000 and is budgeted in Contract Services- Special Projects account# 10131004-721930- 6006.
Report to Mayor and City Council
Re: Agreement No. 8595
November 15, 2023
STRATEGIC PLAN
Goal III: Invest in infrastructure to improve community livability.
A. Seek innovative, cost-effective, customer-focused methods of service delivery.
B. Implement and administer environmentally sustainable programs.
Goal IV: Maintain a desirable community where everyone wants to live, work and play.
B. Provide inclusive access to a variety of supportive services that build a resilient and healthy community.
Prepared by: Lynn Glidden, P.E., Director of Public Works Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney
ATTACHMENTS
1. SCE Draft Agreement No. A-8595
2. SCE Small Site Rebate Program Process
6-24-2021 V2.2
Charge Ready
- Small Site Rebate -
Program Agreement
PROGRAM PARTICIPATION TERMS AND CONDITIONS
This Charge Ready Small Site Rebate Participation Agreement (Agreement) sets forth the terms and conditions for the Program Participant to participate in the Program.
Pursuant to the terms of this Agreement, and if applicable, SCE will (1) install the Utility-Side of the meter Infrastructure (as defined herein) at no cost to the Program Participant after all terms and conditions have been met by the Program Participant.
Program Participant hereby agrees to the following terms and conditions of the Charge Ready Small Site Rebate Program (the “Program”).
APPROVED CHARGING PORTS
1. Total Number of Approved Charging Ports:
The Program Participant is required to install the quantity and power level of approved Charging Ports set forth in this Agreement. Failure to procure and install the agreed upon number may lead to termination of this Agreement, at SCE’s discretion.
Number of Charging Ports and Power Levels approved by SCE.
Power Level (L2) Port count: ## (port count imported to form)
APPROVED SITE LOCATION AND DESIGN
2. Description of Approved Location at the Site:
Brief description of the mutually approved location on the Program Participant’s Site where Infrastructure will be installed.
Site Description: ## (Site description imported to form) Site Address: ## (Site description imported to form)
PROGRAM PARTICIPATION TERMS AND CONDITIONS
Program Participant agrees that its participation in the Program is subject to the following terms and conditions:
3. Definitions.
a. Authority Having Jurisdiction (AHJ): The responsible government entity having geographically based jurisdiction that typically approves, inspects, and permits construction projects (e.g., City, County, Fire, Division of State Architect, etc.).
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b. Approved Product List (APL): The list of Charging Equipment meeting SCE’s technical requirements and approved by SCE for use in its Charge Ready Programs. Program Participant must select Charging Equipment from the Approved Product List to qualify to receive the Small Site Rebate.
c. California Public Utilities Commission (CPUC): The California state regulatory agency that is responsible for regulating privately owned electric, natural gas, telecommunications, water, railroad, rail transit, and passenger transportation companies.
d. Charging Equipment: Qualifying Charging Equipment that meets the technical specifications set forth by SCE. Charging Equipment that qualifies for Rebate is listed in SCE’s Approved Product List (APL).
e. Charging Equipment Supplier: The entity from which the Charging Equipment is purchased.
f. Charging Ports: See Charging Stations.
g. Charging Stations – EV Charging Equipment: EV Charging Equipment interconnects with the electricity grid at a charging site to an electric vehicle, whether using alternating current (AC) or direct current (DC). An individual charging station unit may contain one or more charging ports for the purpose of connecting the electric vehicle to a grid connected power source capable of recharging the vehicle’s battery pack. The individual connectors of the Charging Station are referred to as ports (referred to in this agreement as Charging Ports). Each charging station may charge one or more vehicles depending on the number of ports with which each unit is equipped. For dual-port stations, each port must be capable of delivering full power to both vehicles that are charging simultaneously. For example, a dual-port L2 station rated at 7.2kW must be able to deliver 7.2kW of power to both vehicles when two vehicles are charging simultaneously.
h. Small Site Rebate Program Guidelines: Program reference documents developed by SCE that provide Small Site Rebate Program information, including, but not limited to an overview of the program, rebate submission, rebate claim, and general program requirements.
i. Commitment Period: The 10-year period where Program Participant must maintain all Charging Equipment in working order at the Site. The Commitment Period will commence on the Charging Equipment’s In-Service Date.
j. Customer-Side Infrastructure: See “Make-Ready Infrastructure.” k. CPUC’s Transportation Electrification Safety Requirements Checklist: The Safety Requirements Checklist applies to CPUC-Approved Transportation Electrification Programs.
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l. Demand Response: Demand Response (DR) programs encourage a reduction of electricity use during certain time periods, typically during on-peak hours or when demand for electricity is high, and/or can provide incentives to use electricity during periods of excess generation or when demand for electricity is lower. m. Make Ready Infrastructure Design: Map and related documents, as applicable, that show the layout of the Infrastructure and Charging Equipment, including but not limited to, conduit routing and equipment placement.
n. Final Invoice: Statement of the total amount paid by Program Participant to Charging Equipment Supplier(s) for the purchase, and installation of the Charging Equipment o. Grant of Easement: A contractual agreement, if applicable, to grant right of way for SCE to construct, maintain, operate, and repair any SCE-installed infrastructure. p. In-Service Date: The earliest date on which the EV Charging Equipment is installed and operational.
q. Level 2 (L2): Medium power charging, typically delivered between 220 and 240 volts. r. Make-Ready Infrastructure: Infrastructure located on the utility-side of the meter is also referred to as the Make-Ready Infrastructure. The Utility-Side Infrastructure includes all infrastructure work from SCE’s distribution system to a new circuit panel that may be installed to support EV charging. SCE will always be responsible for designing, procuring, installing, and maintaining the necessary infrastructure located on the utility side of the meter. The Customer-Side Make-Ready Infrastructure includes all infrastructure beginning with the panel to the Charging Stations. Customers will be responsible for designing, procuring, installing, and maintaining the infrastructure and EV Chargers located on the customer side of the meter.
s. Multi-Family Property (also referred to as multi-unit dwelling, or MUD). Details on qualifying property types are found in the program guidelines. t. Network Service Provider: The third-party entity that will provide Network Services for the Charging Equipment. The Network Service Provider will be required to transmit port level data and other information to SCE complying with Program requirements. The specific requirements are further described in the Program Guidelines. u. On-Line Program Enrollment Portal: The program’s enrollment site. v. Power Levels: Charging Equipment Power Levels. Level 2 (L2) Charging: Medium power charging, typically delivered between 220 and 240 volts. w. Program Guidelines: see Small Site Rebate Program Guidelines. x. Program: Also referred to as the Small Site Rebate Program. y. Program Participant: The SCE non-residential customer that enters into this Agreement.
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z. Property Owner/Site Owner: Individual authorized representative of entity holding title in the Site where the Charging Equipment and Infrastructure will be located. aa. Rebate Payment: The payment made by SCE to Program Participant, or its designated assignee, after the eligible Program Participant procures and installs the Charging Equipment and submits the required documents, in accordance with the Small Site Rebate Program Guidelines and this Agreement, as verified by SCE, in SCE’s sole discretion.
bb. Reservation Approval Date: Date on which SCE accepts application and reserves funds. cc. Site: The premises, owned, leased, or operated by Program Participant, where the Charging Equipment will be installed.
dd. Time-of-Use (TOU) Rates: TOU rate plans feature energy charges that vary based on the time of day, the day of the week, and the season. Some plans also include demand charges that are based on the maximum amount of electricity your business uses at once. For more information about SCE’s TOU rate plans, please visit https://www.sce.com/business/rates/time-of-use, or
https://www.sce.com/business/rates/electric-car-business-rates. ee. T&D Narrative: The set of working drawings of the Utility-Side of the Meter Infrastructure. This includes project specifications, conduit routing, electrical equipment specifications and calculations.
4. Eligibility.
Program Participant certifies that it meets, and will continue to meet throughout its participation in the Program, all eligibility requirements of the Program, including, but not limited to:
a. Program Participant is a non-residential SCE entity with at least one active service account. b. The installation site is located in SCE’s service territory. c. Program Participant agrees to provide, or cause the Site Owner to provide, SCE with the rights of way across public or private property (as applicable) and to obtain any necessary permits to install Charging Equipment, without cost to SCE. d. Program Participant will comply with all Program requirements outlined in the Charge Ready Small Site Rebate Program Guidelines.
5. Additional Representations of Program Participant during the Term of the Agreement.
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Program Participant:
a. Agrees that rebates will only apply to the number of Charging Stations approved by SCE for installation.
b. All charging equipment must be selected from SCE’s Approved Product List (APL) or otherwise approved by SCE for installation under this Program, in a quantity approved by SCE.
c. Program Participant agrees to have APL listed charging equipment installed by a qualified C-10 licensed and insured contractor.
d. Agrees to ensure their EVSE equipment installer follows all relevant State and local codes, and AHJ permitting requirements. All installed equipment must be correctly rated for the location where it will be installed (outdoor rated if applicable, conforming with ventilation requirements). The EV charging current shall not exceed 80% of the branch circuit rating. All EVSE installations must comply with the SB350 safety requirement checklist.
e. Agrees to ensure their EVSE equipment installer will not install and energize any EVSE or associated equipment capable of generation or bidirectional operation without Permission to Operate from SCE.
f. Agrees to procure, own, install, operate, and maintain the Charging Equipment in good working order at the site for a minimum of ten (10) years from the In-Service Date of Charging Equipment (“Commitment Period”).
g. Agrees that, if at any time during the Commitment Period the Charging Equipment is replaced, only SCE approved EVSE will be installed and all associated costs will be the responsibility of the Program Participant.
h. Agrees to contract with a qualified and SCE approved electric vehicle charging equipment Network Service Provider to record and transmit EV charging usage and other data to SCE. i. Program Participant authorizes SCE to act on Program Participant’s behalf to voluntarily grant a Third Party access to receive information relating to Charging Station data, billing records, billing history, pricing information, and all meter usage data used for bill calculation for all meters participating in this Program. This authorization expires ten (10) years from the Charging Equipment’s In-Service Date.
j. Program participant authorizes the use of the collected Charging Station and related meter and billing data for regulatory reporting, program evaluation, industry forums, case studies or other similar activities, in accordance with applicable laws and regulations.
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k. Acknowledges and agrees that the actual Make-Ready Infrastructure may vary from the SCE’s Make-Ready T&D Narrative, if, in SCE’s sole discretion, actual Site conditions or AHJ direction requires such changes.
l. Acknowledges that funding pursuant to this Agreement is only reserved after SCE receives a copy of this Agreement signed by Program Participant and Property Owner (if different from Program Participant). The Program Participant also acknowledges that reserved funding may be withdrawn, and SCE may terminate this Agreement, both in SCE’s sole discretion, if Program Participant breaches the Agreement.
m. Agrees to comply with the established timelines and required documentation set forth in the Program Guidelines.
n. Represents and warrants that if Program Participant has applied for or received any other incentives or rebates for the Charging Equipment, Customer-Side Make-Ready Infrastructure, or Charging Equipment Maintenance and Networking program Participant shall notify SCE of any such incentives or rebates as soon as reasonably practicable. In the event that any such incentives or rebates, when combined with Program rebates, would reimburse Program Participant for more than 100 percent of their costs, SCE shall decrease the issued rebate amount if not yet paid, or if already paid, submit a reimbursement request to the Program Participant for the amount of the Rebate Payment exceeding 100 percent of the Participants costs.
o. Program Participant agrees that the electricity meter(s) associated with the EV charging equipment will be provided service under a TOU rate plan. p. Participants must enroll in at least one qualifying Demand Response Program. q. Agrees to ensure information of newly installed Charging Equipment, if accessible to the general public, will be registered with the US Department of Energy’s Alternative Fuel Data Center (https://afdc.energy.gov/stations/#/analyze), and with the US Department of Energy’s EV Charging Station Locations mapping tool, accessible at (https://www.afdc.energy.gov/fuels/electricity_locations.html#/find/nearest?fuel=ELEC), and that only one set of information is reported between the Program Participant and Charging Equipment Supplier.
r. Agrees to submit a completed IRS tax form W-9, and California Franchise Tax Board form 590 if applicable, or to provide line items from those forms as SCE may request, in order for SCE to process any Rebate Payment.
s. Represents and warrants that the execution and delivery of this Agreement, and the performance by Program Participant of its obligations under this Agreement, have been duly and validly authorized, and this Agreement is a legal, valid and binding obligation of Program Participant.
t. SCE, at its sole discretion and in accordance with its applicable tariffs, design standards, and AHJ permitting requirements, will locate, design, and install the utility-side Infrastructure.
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SCE is responsible for all costs associated with Infrastructure deployed by SCE pursuant to this Agreement.
u. Agrees to participate in SCE sponsored customer satisfaction and other surveys following completion of the Project, upon request of SCE.
6. SCE Representations.
a. SCE will issue the Rebate, if applicable, after the Program Participant has submitted all required documentation as outlined in the Small Site Rebate Program Guidelines and once SCE has verified installation of the Charging Equipment. Rebate Payment is also subject to Program Participant meeting all Program requirements. b. The actual Rebate Payment amount shall not exceed the actual costs of equipment purchase and installation.
7. Term and Termination.
a. Term: The term of this Agreement shall begin upon the date that both Parties have signed the Agreement and end ten (10) years from the Charging Equipment’s In-Service Date, unless otherwise terminated earlier pursuant to this Agreement. b. Termination: If the Program Participant fails to comply with any of the terms and conditions of this Agreement, SCE, in its sole discretion, may terminate this Agreement after sending Program Participant a notice of default that remains uncured for five (5) business days from receipt, except in the case of a safety or security violation, in which case, SCE may terminate the Agreement immediately and take all other necessary actions, including, but not limited to, disconnecting power to the Charging Equipment, or any other actions that SCE, in its sole discretion, deems necessary to cure such safety or security violation(s).
c. Termination Costs: If this Agreement is terminated prior to the end of the term because (1) Program Participant terminates its participation in this Program; (2) Program Participant, prior to the end of the Commitment Period, fails to install, or removes without replacing, the Charging Equipment; or (3) SCE terminates this Agreement due to Program Participant’s failure to comply with the terms and conditions of the Agreement, in accordance with Section 5.b., above, the Program Participant shall pay: (a) all costs actually incurred, or committed to be incurred, by SCE, as of the termination date, in connection with providing the Small Site Rebate; and (b) the actual Rebate Payment amount (if already paid). If the Charging Equipment is installed, the amount due to SCE for both (a) and (b) above will be prorated over a ten-year period, beginning from the Charging Equipment’s In-Service Date. SCE will invoice the Program Participant for such costs, and Program Participant shall pay such invoice within 60 days of receipt.
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8. Indemnification and Liability; No Representations or Warranties. a. Program Participant understands that SCE makes no representations regarding manufacturers, dealers, contractors, materials, or workmanship of the Charging Equipment. Further, SCE makes no warranty, whether express or implied, including without limitation the implied warranties of merchantability and fitness for any particular purpose, use, or application of the products and services under the Program.
Program Participant agrees that SCE has no liability whatsoever concerning (1) the quality, safety or installation of such products, including their fitness for any purpose, (2) the workmanship of any third parties, or (3) the installation or use of the products.
Program Participant hereby waives any and all claims against SCE, its parent companies, directors, officers, employees, or agents, arising out of activities conducted by or on behalf of SCE under the Program. Without limiting the generality of the foregoing, Neither SCE nor Program Participant shall be liable hereunder for any type of damages, whether direct, or indirect, incidental, consequential, exemplary, reliance, punitive or special damages, including damages for loss of use, regardless of the form of action, whether in contract, indemnity, warranty, strict liability or tort, including negligence of any kind.
b. Indemnification of SCE. To the fullest extent permitted by law, Program Participant shall, at SCE’s request, indemnify, defend, and hold harmless SCE, and its parent company, subsidiaries, affiliates, and their respective shareholders, officers, directors, employees, agents, representatives, successors, and assigns (collectively, the “Indemnified Parties”), from and against any and all claims, actions, suits, proceedings, losses, liabilities, penalties, fines, damages, costs, or expenses, including without limitation reasonable attorneys’ fees (a “Claim”), resulting from (a) any breach of the representations, warranties, covenants, or obligations of Program Participant under this Agreement, (b) any act or omission of Program Participant, whether based upon Program Participant’s negligence, strict liability, or otherwise, in connection with the performance of this Agreement, or (c) any third-party claims of any kind, whether based upon negligence, strict liability, or otherwise, arising out of or connected in any way to Program Participant’s performance or nonperformance under this Agreement. This indemnification obligation shall not apply to the extent that such injury, loss, or damage is caused by the sole negligence or willful misconduct of SCE. c. Responsibility for Repairs. If Participant -installed equipment damages SCE-owned Infrastructure, Participant will be responsible for any costs associated with making any necessary repairs. If SCE identifies an improper installation of Participant-installed equipment, Participant agrees to pay for and be responsible for making any necessary corrections in the manner requested by SCE.
d. Defense of Claim. If any Claim is brought against the Indemnified Parties, Program Participant shall, at SCE’s request, assume the defense of such Claim, with counsel reasonably acceptable to the Indemnified Parties, unless in the opinion of counsel for the Indemnified Parties a conflict of interest between the Indemnified Parties and DRAFT
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Program Participant exists with respect to such Claim. If a conflict precludes Program Participant from assuming the defense, then Program Participant shall reimburse the Indemnified Parties on a monthly basis for the Indemnified Parties’ defense costs through separate counsel of the Indemnified Parties’ choice. If Program Participant assumes the defense of the Indemnified Parties with acceptable counsel, the Indemnified Parties, at their sole option and expense, may participate in the defense with counsel of their own choice without relieving Program Participant of any of its obligations hereunder.
9. Miscellaneous
All Applicable Tariffs Apply. All applicable SCE tariffs apply to service provided pursuant to this Agreement, with the following exceptions:
a. Rules 15 and 16. Distribution Line and Service Extensions: Because SCE will design and install the Utility-Side of the meter Infrastructure at no cost to Program Participant, sections in Rules 15 and 16 that address applicant responsibilities or options are not applicable to Program Participants while participating in the Charge Ready Small Site Rebate Program. This may include, but is not limited to, allowances, contributions or advances, payments, refunds, and design and installation options. This exception does not apply to certain responsibilities found in Rule 16, such as, but not limited to, Section A.10, providing rights of way or easements; Section A.11, providing access to the location; and Section D.1, providing a clear route for the Service Extension. b. Survival. Program Participant’s obligation to pay Termination Costs and to indemnify the Indemnified Parties shall survive the expiration or termination of this Agreement. c. Assignment. Program Participant shall not assign this Agreement without the prior written consent of SCE; to be granted or denied in SCE’s sole discretion. Any assignment and assumption shall be in a form acceptable to SCE, in SCE’s sole discretion. d. All applicable SCE tariffs apply to service provided pursuant to this Agreement including, but not limited to, the applicable provisions of SCE’s Charge Ready Program (CRP) Tariff Schedule filed and authorized by the California Public Utilities Commission. This Agreement shall be subject to such changes or modifications by the Public Utilities Commission of the State of California, as said Commission may, from time to time, direct in the exercise of its jurisdiction.
e. This Agreement shall be interpreted, governed, and construed under the laws of the State of California as if executed and to be performed wholly within the State of California.
f. Should a conflict exist between the Small Site Rebate Program Guidelines and this Agreement, then this Agreement shall control with respect to such conflict.
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g. Incentives and Rebates are taxable and if greater than $600 will be reported to the IRS unless the payee is exempt. SCE will report the rebate as income on IRS Form 1099. The payee should consult its tax advisor concerning the taxability of the Rebate Payment. h. This Agreement may be executed and transmitted electronically. Scanned and electronic signatures shall be deemed original signatures for purposes of the Agreement and all matters related thereto, with such scanned and electronic signatures having the same legal effect as written signatures. SCE will verify for completeness and accuracy and will notify the applicant to proceed and reserve funding accordingly.
AGREEMENT BY PROGRAM PARTICIPANT
By signing this document, you represent that the information provided pursuant to this Agreement is true, accurate and complete, and that you will comply with the terms and conditions set forth in this Agreement. You also represent and warrant that you are a duly authorized representative of Program Participant with the requisite authority to enter into this Agreement. For federal government Program Participants, you must be a Contracting Officer authorized to enter into this Agreement.
Name of Program Participant: ______________________________(Company Applicant Name)
Site Address: ____________________________________________ Name of Program Participant Representative:
_______________________________________________________ Title of Program Participant Representative:
_______________________________________________________ I certify that the information provided is accurate and complete and that I have authority to sign this Agreement on behalf of Applicant.
_______________________________________________________ Signature
Date: ___________
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AGREEMENT BY PROPERTY OWNER (If Program Participant is the Property Owner, no separate signature is required.)
By signing this document, you represent and warrant that you are a duly authorized representative of the owner of the property on which the Site is located and that you have the requisite authority to consent to the use of the property in the manner set forth in this Agreement. You also represent that Property Owner hereby approves the installation and operation of the Infrastructure and the Charging Equipment, as well as any other necessary equipment to deploy the Charging Equipment pursuant to the Program as described in this Agreement. You further agree to execute the Easement Agreement within thirty (30) calendar days after Easement Agreement is provided by SCE.
Name of Property Owner Representative:
___________________________________________
Title of Property Owner Representative:
I certify that I have authority to sign this Agreement on behalf of the Property Owner ___________________________________________
Signature
Date: __________________
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Agreement No. A-8595
City Council Staff Report
DATE: NOVEMBER 15, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
DISTRICT: 1
SUBJECT: CONSIDERATION AND ADOPTION OF RESOLUTION NO. CC 2023- 059, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALMDALE APPROVING THE RENAMING OF AVENUE Q -6 TO
HAMMACK AVENUE (AVENUE Q-6) FROM SIERRA HIGHWAY TO
10TH STREET EAST
ISSUE
Consideration and adoption of Resolution No. CC 2023 -059, a Resolution of the City Council of the City of Palmdale approving the renaming of Avenue Q -6 to Hammack Avenue (Avenue Q-6) between Sierra Highway to 10th Street East.
RECOMMENDATION
1. Staff recommend s City Council consider the renaming of Avenue Q -6 to Hammack Avenue (Avenue Q-6) from Sierra Highway to 10th Street East and,
2. Adopt Resolution No. CC 2023 -059 authorizing the City to change the street name of Avenue Q-6, between Sierra Highway to 10th Street East, and allow staff to prepare necessary signage.
BACKGROUND
The Hammack Center was named after Deputy Richard B. Hammack, who died in the line of duty on May 11, 1992. Deputy Hammack had served with the Los Angeles County Sheriff’s Antelope Valley Station for 7 ½ years.
Due to structural issues, the Hammack Center is scheduled for demolition. The City of Palmdale would like to commemorate Deputy Richard B. Hammack by renaming a portion of Avenue Q-6 near the Palmdale Station.
Report to Mayor and City Council
Re: Adoption of Resolution CC 2023-059
November 15, 2023
DISCUSSION
Section 34091.1 of the California Government Code states, “ Whenever the legislative body finds that a name should be adopted and applied to any city street, or that the existing name of any city street should be changed, the legislative body may adopt a resolution designating a name for, or change the name of, such street.” A portion of Avenue Q-6 is being considered for renaming from Sierra Highway to 10 th Street East. There are approximately fifteen (15) addresses, some vacant properties along Avenue Q-6, all within the City of Palmdale boundaries. Public Works will notify the United States Postal Service of the change, businesses, and residents that the renaming will affect. Public Works Maintenance staff will provide and install the revised street name signs.
FISCAL IMPACT
The estimated cost for replacing the existing street signs is approximately $5,000, including labor, materials, staff time, and coordination with the United States Postal Service. Funds are budgeted in Account No. 20733001-738410.
STRATEGIC PLAN
Goal IV: Maintain a desirable community where everyone wants to live, work and play.
A. Support opportunities to celebrate rich traditions and diverse cultures in the community.
Prepared by: Lynn Glidden, P.E., Director of Public Works Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney
ATTACHMENTS
1. Resolution No. CC 2023-059
2. Site Map Location of Avenue Q-6
CITY COUNCIL
CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2023-059
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE APPROVING THE RENAMING OF AVENUE Q-6 TO HAMMACK
AVENUE (AVENUE Q-6) FROM SIERRA HIGHWAY TO 10 TH STREET EAST.
WHEREAS, a street known as Avenue Q-6, extending from Sierra Highway to 10th Street East; and
WHEREAS, it is desirable and appropriate to change the name of Avenue Q-6 to Hammack Avenue (Avenue Q-6); and
WHEREAS, the City conferred with the family and Los Angeles County Sheriff’s Department and support the street name change honoring the late Richard B.
Hammack, former Los Angeles County Sherrif’s Deputy.
NOW THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF
PALMDALE DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:
SECTION 1. The portion of the City street now known as “Avenue Q-6” between Sierra Highway and 10 th Street East shall henceforth be designated as “Hammack Avenue (Avenue Q-6)”.
SECTION 2. This Resolution shall be effective upon its adoption.
Resolution No. CC 2023-059
SECTION 3. The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED and ADOPTED this ______ day of ____________, ________. _________________________________
Approved as to form: Laura Bettencourt, Mayor
ATTEST:
___________________________ _________________________________ William P. Curley, III Rochelle Scott, Acting City Clerk City Attorney
I, Rochelle Scott, Acting City Clerk of the City of Palmdale, California, do hereby certify that the foregoing resolution was duly passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the ______ day of _____________, 20___ by the following roll call vote:
AYES:
NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:
Rochelle Scott, Acting City Clerk
Hammack Avenue (Avenue Q-6)
THE CITY OF PALMDALE ASSUMES NO LIABILITY FOR DAMAGES THAT MAY ARISE FROM THE USE OF INFORMATION RETRIEVED FROM THIS MAP.
CC/SA/PFA Minutes – 11/01/2023 – 5pm
1 MINUTES
CITY COUNCIL/SA/PFA
CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B
PALMDALE, CALIFORNIA
NOVEMBER 1, 2023
www.cityofpalmdale.org
1) CALL MEETING TO ORDER
Mayor Bettencourt called the meeting to order at 5:03 pm.
*Note: All City Council memberships are reflected in their City Council titles.
2) ROLL CALL MAYOR BETTENCOURT, MAYOR PRO TEM ALARCÓN,
COUNCILMEMBERS BISHOP, LOA, OHLSEN
PRESENT: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
ABSENT: None.
Councilmember Loa participated via Zoom.
3) PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
4) PRESENTATIONS
4.1) Deputy City Manager Lopez displayed the videos for the first, second, and third place winners of the #FightFentanylAV 2023 Youth Challenge Awardees.
Certificates of Recognition were provided to the awardees.
4.2) IT Manager Thompson spoke regarding the MISAC Award of Achievement that was presented to City of Palmdale Information Technology Division for their practices that have met or surpassed local government standards.
4.3) Palmdale Parks and Recreation Master Plan Findings.
Director of Parks and Recreation Smith spoke regarding the Master Plan and the prioritization of ideas and strategies to create the best park system. Ms.
Smith introduced Tom Diehl and Pat O'Toole from Berry Dunn. Mr. Diehl provided a brief presentation on the methods used for public outreach and the feedback received from the community.
There was Council discussion regarding public outreach, improvement of current parks, expansion of park space, and location of parks and acreage.
CC/SA/PFA Minutes – 11/01/2023 – 5pm
2 The following individuals provided public comments: Mario Presents and Marsha Furman.
Mayor Bettencourt closed the Public Comments.
5) PUBLIC COMMENTS:
Mayor Bettencourt called for Public Comments.
Mayor Pro Tem Alarcón requested that items 6.5, 6.6 and 6.9 be pulled for discussion.
The following individuals discussed Item 6.9: Eugene Hernandez, Xavier Flores, Marcos Alvarez, and Rich Gallego.
Mayor Bettencourt closed the Public Comments.
6) CONSENT CALENDAR
6.1) Waive full reading of the Resolution(s) and/or Ordinance(s) to be considered and voted on at this meeting. (This permits reading the title only in lieu of reciting the entire text.)
6.2) Receive and file the monthly and quarterly investment activity reports for September 2023.
6.3) Adopt Resolution No. CC 2023 -073, a Resolution of the City Council of the City of Palmdale to transfer unclaimed checks from their respective funds to the general fund pursuant to California Government Code Section 50050- 50057.
6.4) Approve agreement with TruePoint Solutions, LLC to provide long -term support services for Accela, a land use, plan review, permitting, and inspection tracking system for a not -to-exceed amount of $396,000 for a term of three (3) years with the option to extend by two additional terms of one (1) year each.
6.5) Approve cooperative agreement with the County of Los Angeles, for PN 847A, Arterial Road Rehabilitation Project, for $1,300,000.
Mayor Pro Tem Alarcón pulled Items 6.5 and 6.6 to highlight the work that's coming.
Deputy Director of Public Works Hashemian presented the staff report for items 6.5 and 6.6.
Motion: Approve cooperative agreement with the County of Los Angeles, for PN 847A, Arterial Road Rehabilitation Project, for $1,300,000.
Moved by Andrea Alarcón, seconded by Austin Bishop.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
CC/SA/PFA Minutes – 11/01/2023 – 5pm
3 6.6) Approve cooperative agreement with County of Los Angeles for PN 869, Arterial Road Rehabilitation Project, for $850,000.
Motion: Approve cooperative agreement with County of Los Angeles for PN 869, Arterial Road Rehabilitation Project, for $850,000.
Moved by Andrea Alarcón, seconded by Austin Bishop.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
6.7) Approve first amendment with U.S. National Corp dba Jimenez Painting Company to increase contract price by $840,000 in an amount not to exceed $1,240,000 for the remainder of the contract term through June 2027.
6.8) Approve Final Parcel Map No. 83940 (located at Rancho Vista Blvd & Town Center Drive).
6.9) Approve contract for legal services with Harper & Burns, LLP, including William P. Curley III, appointed as City Attorney.
Mayor Pro Tem Alarcón pulled this item for discussion.
Councilmember Loa spoke in favor of approving the contract.
Motion: Approve contract for legal services with Harper & Burns, LLP, including William P. Curley III, appointed as City Attorney.
Moved by Richard J. Loa, seconded by Laura Bettencourt.
Vote: Motion carried (4-1)
Yes: Laura Bettencourt, Austin Bishop, Richard J. Loa, Eric Ohlsen.
No: Andrea Alarcón.
6.10) Approve the minutes from the previous meetings.
CC - October 18, 2023
Motion: Approve all items listed on the Consent Calendar except 6.5, 6.6, and 6.9.
Moved by Andrea Alarcón, seconded by Austin Bishop.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Richard J.
Loa.
7) JOINT PUBLIC HEARING - CITY COUNCIL/PALMDALE FINANCING AUTHORITY
7.1) Adopt Resolution No. CC 2023-064, a Resolution of the City Council of the City of Palmdale approving proceedings by the Palmdale Financing Authority for the issuance and sale of its Palmdale Financing Authority (Los Angeles County, California) Lease Revenue Bonds to finance the acquisition of certain real property and to refinance certain outstanding obligations, approving the form and authorizing execution of related documents and approving related actions; and Adopt Resolution No. PFA 2023-002, a Resolution of the Board of CC/SA/PFA Minutes – 11/01/2023 – 5pm
4 Directors of the Palmdale Financing Authority authorizing the issuance and sale of its Palmdale Financing Authority (Los Angeles County, California) Lease Revenue Bonds to finance the acquisition of certain real property and to refinance certain outstanding obligations, approving the form and authorizing execution of related documents and approving related official actions.
Director of Finance Samson provided a detailed PowerPoint presentation.
Suzanne Harrell, Harrell & Company Advisor, displayed a slide that showed the breakdown between the tax-exempt and taxable bonds proposed to be issued and explained the difference between the two types of bonds. She
further explained the bond structure, interest rates, and debt service allocation.
The following individual provided public input: Marsha Furman.
There was Council and staff discussion regarding the use of Measure AV funds and a possible cap on the use of Measure AV funds. City Manager Perez stated during the fiscal budget adoption, the Council can restrict the use of Measure AV funds.
Motion: Adopt Resolution No. CC 2023-064 and PFA 2023-002.
Moved by Eric Ohlsen, seconded by Austin Bishop.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Richard J. Loa.
8) NON-AGENDA PUBLIC COMMENTS:
Eugene Hernandez discussed the 10th St./Palmdale Boulevard clean -up and improvements to Avenue R; Jess Enos, Rich Gallego, Diane, Mario Presents, Mark, and citizen (no name provided) commented regarding Mayor Pro Tem Alarcón; Yul Gevargis requested informal townhall meetings with Council , suggested naming Desert Sands Park and part of Sierra Highway after Ryan Clinkunbroomer , and commented on graffiti; Carol Ross discussed the Kaleidoscope event, graffiti, illegal dumping, and townhall meetings with constituents; Daniel Chevez, AV student, discussed roads on Avenue R and 20th St. East, street racing in Palmdale, and City policies/initiatives; Vicky Ventura thanked the City for the Measure AV grant funds received for the Ventura Foundation; Director of AV Hispanic Chamber spoke on behalf of Core Center for Orthopedics and Rehabilitation regarding a homeless encampment; Ashley Cortes commented on the Wellbeing Lab; Marissa Perdoma and Ms. Alvarez commented regarding the Ventura Foundation leadership program; Xavier Flores, Marcos Alvarez, Karla discussed the presentation by Dr. Sharon O'Hara, U.C. Berkeley, on alcohol density; Marsha Furman discussed Veterans Day in the City of Palmdale; Mario Presents discussed the election process; and Viviana Vargas thanked Council for support with the Ventura Foundation leadership project and advocated for more funds.
Mayor Bettencourt closed the Public Comments.
CC/SA/PFA Minutes – 11/01/2023 – 5pm
5 Mayor Pro Tem Alarcón spoke regarding misinformation that was presented during public comments and First Amendment rights.
9) INFORMATIONAL REPORT FROM MAYOR AND / OR COUNCILMEMBERS ON
THEIR VARIOUS COMMITTEE MEMBERSHIPS AND MEETINGS ATTENDED AT
PUBLIC EXPENSE
9.1) Council Reports on Committee Memberships and Meetings Attended at Public Expense.
10) CITY COUNCIL ANNOUNCEMENTS AND REQUESTS
Councilmember Bishop announced Trunk or Treat was very well attended.
11) CITY MANAGER’S REPORT
City Manager Perez reported on the following: Master Plan Survey Results; I Lead Palmdale Youth Conference on November 4 ; Heart & Stroke Walk November 4 at Marie Kerr Park; AV Hispanic Chambers Dia De Los Muertos Fiesta on November 5 at Poncitlan Square; Johnny Gamboa Concert on November 5 at the Palmdale Playhouse; Neighborhood Watch Virtual Presentation on November 6 and 14; Great Food Rescue Documentary on November 9 at the Palmdale Playhouse; Musical Road unveiling and Marine Cor ps Birthday special events on November 10 ; Patriotic Pulse of Palmdale Blood Drive on November 10 at Poncitlan Square; Veterans Day Ceremony on November 11; A Million Thanks on November 11 at Domenic Massari and Marie Kerr Park; Reveal of the Palmdale Library Plein Air Murals on November 13; Park Connect meeting at McAdam Park on November 14 ; and the City was awarded a grant for almost eight -hundred thousand dollars from the California Department of Justice Tobacco Grant Program.
12) ADJOURN
Mayor Bettencourt adjourned the meeting at 7:30 pm to November 15, 2023, at 5:00 pm in the City Hall Council Chamber located at 38300 Sierra Highway, Suite B, Palmdale, California.
PASSED, APPROVED, and ADOPTED this 15th day of November 2023.
Laura Bettencourt, Mayor
ATTEST:
Rochelle Scott, Acting City Clerk
City Council Staff Report
DATE: NOVEMBER 15, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT
CITY CLERK DIVISION
DISTRICT: ALL
SUBJECT: CITY COUNCIL NOMINATION AND APPOINTMENT OF ONE (1)
MEMBER TO THE PALMDALE TOURISM IMPROVEMENT
DISTRICT BOARD
ISSUE
City Council Nomination and Appointment of one (1) Member to the Palmdale Tourism Improvement District Board.
RECOMMENDATION
Staff recommends that the City Council nominate and appoint one (1) member to serve on the Palmdale Tourism Improvement DistrictBoard for the remainder of a term to expire October 2024. The applicants are:
1. Sandra Stapleton (D2)
2. Lura Beaumont (Outside District Boundaries)
BACKGROUND
The Palmdale Tourism Improvement District (TID) was developed by local hoteliers and the City of Palmdale to promote Palmdale tourism and improve the tourism business environment through the development and operation of the TID. The Board consists of seven (7) Directors; four (4) representatives from the hotels that pay into the TID assessment; one (1) City Council member, one (1) City staff person, and one (1) public member, which may be a representative of a non-lodging hospitality or tourism sector in the City. The City Council member, staff person , and public member are appointed by the City Council. Directors serve a three -year term and receive no compensation or reimbursement.
Report to Mayor and City Council
Re: Palmdale TID Appointment
November 15, 2023
DISCUSSION
Due to a vacancy on the Palmdale Tourism Improvement District Board, the City Clerk’s office was asked to begin recruitment to fill the vacancy. A recruitment advertisement was placed in the AV Press and AV Press online. The ad, along with the application, was also made available on the Palmdale Tourism Improvement District webpage. The City Clerk’s Office received two (2) qualified applications.
FISCAL IMPACT
Approximately $2,562 in advertising costs were budgeted in account 10112001-722310.
Palmdale Tourism Improvement District Board members receive no compensation and are not eligible for reimbursement.
STRATEGIC PLAN
Goal II: Ensure long-term fiscal health of the City and maintain funding for services.
C. Involve and expand engagement to enhance public oversight and transparency.
Goal IV: Maintain a desirable community where everyone wants to live, work and play.
B. Provide inclusive access to a variety of supportive services that build a resilient and healthy community.
Prepared by: Roxanne Faber, Acting City Clerk
Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney
ATTACHMENTS
Redacted Applications
From:
[email protected]
To:
City Clerk Department
Subject:
Online Form Submittal: Palmdale Tourism Improvement District Board Volunteer Application Date:
Wednesday, September 6, 2023 10:14:01 PM
CAUTION:
This email originated from outside of the organization.
Palmdale Tourism Improvement District Board Volunteer
Application
The City of Palmdale is an equal opportunity employer and does not discriminate in hiring or employment upon any basis prohibited by law, including race, color, creed, religion, age, sex (including pregnancy, childbirth, and related medical conditions), cancer, national origin, genetic characteristics, genetic information, ancestry, sexual orientation, gender, gender identity, gender expression, marital status, veteran status, disability, or any other basis protected by applicable law.
None of the questions or information sought in this application are intended to discriminate based upon any status protected by law. If you need reasonable accommodation in completing this application, or in any other part of the application process, please get in touch with the City Clerk’s Office at 661/267- 5151.
Palmdale Tourism Improvement District Board Information First Name
Lura
Last Name
Beaumont
Address
City
Lancaster
Zip Code
93534
Home Phone
Occupation
Marketing Consultant
Business Phone
Are you currently
serving as an elected
city or county official? If
yes, please explain. If
no, type N/A?
N/A
Do you or any
members of your
immediate family own
any interest in any
enterprise which does
or might do business
with the City and/or the
Board/Commission?
No
Do you or any
members of your
immediate family have
any interests or
associations which
might present a conflict
of interest?
No
(Section Break)
References
List below three persons not related to you who have knowledge of your civic activity within the last three years. Provide their name, address, occupation, telephone number, email address and number of years acquainted.
1. First Name
ROXIE
Last Name
PATTERSON
Address
City
State
Zip Code
Occupation
Vice President of Membership, AV UUF
Email
Phone Number
Number of Years
Aquainted
1 2.
First Name
Louis
Last Name
Alloro
Address
City
State
Ca
Zip Code
Occupation
Principal Leadership Coach & Facilitator, The Wellbeing Lab Email
Phone Number
Number of Years
Acquainted
.5 years
3. First Name
Cedric
Last Name
White
Address
City
State
Ca
Zip Code
Occupation
President, ANTELOPE VALLEY COMMUNITY UPLIFT
FOUNDATION
Email
Phone Number
Number of Years
Acquainted
.5 years
List all current
organizations and
societies of which you
are a member?
·Antelope Valley Unitarian Universalist Fellowship, AVUUF ·Antelope Valley Wellbeing Coalition
·The Outreach Center Antelope Valley
Please describe any
public service
None as of now.
experience serving on
a commission or public
body.
Why do you want to
serve on the Palmdale
Tourism Improvement
District?
From overcoming the devastating aftermath of domestic
violence, I've embarked on a transformative journey to reclaim my life. My three-year educational path in Social Work at Cal State University Bakersfield, in collaboration with Antelope Valley University, reflects my commitment to helping others facing similar challenges. With an estimated completion in 2027, I'm preparing to contribute to community wellbeing, driven by the belief that my experiences can make a difference.
(Section Break)
Volunteer Information
REASONABLE
ACCOMMODATIONS
No
Foreign Languages
Foreign Language None
Check all that apply Field not completed.
Foreign Language None
Check all that apply Field not completed.
Specialized
training/skills
•Certificate in Applied Positive Psychology (CAPP) December, 2023
•Non-Violent Communication (NVC)
•Conflict Resolution
•Project Coordination and Event Planning
•Volunteer Coordination & Training
•Data Collection & Management
•Website & Social Media Management
•Copy Writing & Asset Creation
•Creative & Critical Thinking
•General Office Administration
•Proficient in Technologies & Applications
·
Computer Skills Word, Photoshop, Excel, Adobe Creator, Access, PowerPoint, Publisher, Other
Is any or all of your
volunteer time to be
credited toward a
project, certification or
No
degree program for a
school, community
organization or
religious program?
Previous Volunteer/
Work Experience as it
relates to your
volunteer interests
San Francisco, Bay Area , and remote destinations, 2001-2010 Overview & Scope: Volunteer Community Collaborawas a way of life as we built consensus around operations, goals, projects, funding as well as equipment and space, shared resources and spaces, cross over skills/functions with aligned/overlapping communities with values and goals.
Organizations & Institution:
•The Rhythm Society 501(3)c, Rhythm.org
•Friends & Family 501(3)c, FNF.org
•False Profit, LLC, False-Profit.com
• Responsibilities,: Voting Member, Volunteer, Team Leader . (Section Break)
In Case of Emergency
Whom should we notify?
Name
Relationship to
Applicant
Home Phone
Work Phone
Physician's Name
Physician's Phone
Do you have any
medical history that we
should be aware of in
the event of an
emergency?
N/A
AUTHORIZATION AND RELEASE
I certify that all statements on this application are true and complete to the best of my knowledge.
I hereby authorize the City of Palmdale to investigate any information contained in this application.
I understand that as part of the final
selection process I will be required to pass a Livescan fingerprint scan submission via the California Department of Justice.
I understand that information collected
during this background check will be limited to that appropriate to determining my suitability for particular types of volunteer work and that such information collected during the check will be kept confidential. I understand that false or misleading statements shall be sufficient grounds for disqualification from the City’s Volunteer Program. Further, I understand that as a volunteer, I am offering my services of my own free will without any expectation of compensation, benefits, or insurance of any kind (unless otherwise noted).
I voluntarily agree to participate in this program. I hereby waive, release, and hold harmless from any liability or claims for damages for personal injury, including death, as well as from claims for property damage which may arise in connection with the above-named activity, against the supervisor, the City of Palmdale and its elected and appointed officials, agents, and employees.
I hereby agree to the
Authorization and
Release set forth on
this day.
9/6/2023
Electronic Signature
Agreement
I agree.
Electronic Signature Lura Beaumont
Applicants are encouraged to attach a resume.
Please return the completed application to the City Clerk, 38300 Sierra Highway, Suite C, Palmdale, CA 93550. For additional information, you may call (661) 267- 5151.
Email not displaying correctly? View it in your browser.
City Council Staff Report
DATE: NOVEMBER 15, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC SAFETY DEPARTMENT AND
ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT
DISTRICT: ALL
SUBJECT ADOPT ORDINANCE NO. 1612, AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALMDALE APPROVING VARIOUS
AMENDMENTS TO THE PALMDALE MUNICIPAL CODE
ISSUE
Introduction and adoption of Ordinance No. 1612, approving various amendments to the Palmdale Municipal Code (PMC).
RECOMMENDATION
Staff recommends that the City Council:
1. Receive public testimony regarding Ordinance No. 1612; and
2. Adopt Ordinance No. 1612 recommending City Council approval of various amendments to the PMC.
BACKGROUND
On September 21, 2022, Palmdale 2045 was adopted by the City Council and replaced the previously adopted General Plan (1993). State law requires that the regulations governing the use and development of lands within the municipal limits of a city be consistent with the adopted General Plan for that city.
ZOA 21-007 was adopted by the City Council on March 15, 2023, which amended Title 17 of the PMC to implement the vision of Palmdale 2045, as well as support new land use patterns and future development.
Ordinance No. 1614 was adopted by the City Council on August 16, 2023, which included various amendments to the PMCexcept for Title 5 Business Licenses, Tax and Regulation. Ordinance No. 1612 will update and consolidate Title 5 by streamlining processes related to enforcement provisions, business licensing, and related nuisances and nuisance abatement. This ordinance will ensure that the PMC comp lies with the most recent State and Federal law. Ordinance No. 1612 also includes amendments to other sections of the PMC to ensure consistency with the Title 5 updates.
Report to Mayor and City Council
Re: Ordinance No. 1612
November 15, 2023
DISCUSSION
The proposed amendments to the PMC impact Title 1 General Provisions, Title 3 Revenue and Finance, Title 5 Business Licenses, Taxes and Regulations, Title 8 Health and Safety, and Title 9 Public Peace, Morals and Welfare as follows:
Title 1 General Provisions
The proposed amendments to Title 1 include authorizing Peace Officers to make arrests for violations of the PMC in accordance with State law and streamlining the penalty provisions to hold persons responsible for violations concerning public health, safety, and welfare and apply all enforcement tools available to the City prescribed under Title 1.
Title 3 Revenue and Finance and Title 5 Business Licenses, Taxes and Regulations The proposed amendments include updating definitions related to adult-oriented businesses and tobacco retail establishments; streamlining regulatory procedures for denial, revocation, and suspension of business licenses and permit procedures, streamline appeal procedures for business licenses and permits across PMC Chapters
3.44 (Business License Tax) and 5.04 (Business Regulation); and, remove the following businesses from City special permitting requirements given either their outdated nature or State law which include: ambulances, billiards, bingo, carnivals, dance halls and dances, introductory services, fortunetelling, health club, house and street numbering, hypnotist, locksmith, motion picture theater, private patrol family entertainment purposes, taxicabs and taxicab drivers, and tow trucks.
Title 8 Health and Safety
The proposed amendments to Title 8 include expanding the definition and abatement procedures of inoperable vehicles and updating the City’s rental unit inspection program by requiring rental property owners to coordinate more effectively with the Building and Safety Division.
Title 9 Public Peace, Morals and Welfare
The proposed amendments to Title 9 include prohibitions on public urination and defecation in public places, harassment of City staff, and regulations on aggressive panhandling.
The proposed amendments provide greater efficiency and authority for the City code enforcement efforts related to nuisance abatement, enhanced transparency, clarity, and ease of reference for expanded and new prohibitions designed to improve public peace, health, sanitation, and welfare.
Report to Mayor and City Council
Re: Ordinance No. 1612
November 15, 2023
FISCAL IMPACT
None.
STRATEGIC PLAN
Goal IV: Maintain a desirable community where everyone wants to live, work and play.
B. Provide inclusive access to a variety of supportive services that build a resilient and healthy community.
Prepared by: Brenda Magaña, Planning Manager
Mario Vallarta, Acting Community
Compliance Manager
Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney
ATTACHMENT
1. Ordinance No. 1612
CITY OF PALMDALE
COUNTY OF LOS ANGELES, CALIFORNIA
ORDINANCE NO. 1612
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE
APPROVING VARIOUS AMENDMENTS TO THE PALMDALE MUNICIPAL
CODE
WHEREAS Section VII of Article XI of the California Constitution provides that a City may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws;
WHEREAS, the City Council finds it necessary to update, consolidate, and streamline the Palmdale Municipal Code (“PMC”) periodically to achieve more efficient enforcement of code violations to promote public health, safety, and welfare; WHEREAS, the City Council finds it necessary to expand authority to enforce and issue citations to include peace officers;
WHEREAS, the City Council finds it necessary to update select provisions relating to the City’s rental unit inspection program to ensure timely inspections of rental properties for the welfare of occupants and the community; WHEREAS, the City Council finds it necessary to clarify the responsible parties for violations of health, safety, and technical construction codes adopted by the City, including firework regulations, to provide for consistent enforcement methods and abatement tools in the City;
WHEREAS, the City Council finds it necessary to update, streamline, and enhance efficiency and clarity in its business permitting and business licensing appeals processes, including the procedures available to the public for denial, revocation, and suspension of such approvals;
WHEREAS, the City Council finds it necessary to remove outdated business licensing requirements for certain industries, including ambulances, billiards, bingo, carnivals, dance halls and dances, introductory services, fortunetelling, health clubs, house and street numbering, hypnotism, locksmiths, motion picture theaters, private patrol, family entertainment purposes, taxicabs and drivers, and tow trucks, where there is no longer any such businesses in the City and/or significant concerns related to such businesses compared to when the original codes enacting such regulations were created, and relatedly, to streamline the code to account for these removals; WHEREAS, the City Council finds it necessary to define and expand on prohibitions effecting public peace, health, sanitation, and welfare and related penalties such as aggressive panhandling by imposing reasonable restrictions on aggressive, intrusive, or unsafe panhandling while respecting the constitutional rights of free speech Ordinance No. 1612
for all citizens, public urination and defecation, fighting on public property, causing nuisances while under the influence, public consumption of alcohol or possession of open containers in areas not otherwise approved for such purposes, and engaging in annoying and harassing contact with City staff; and
WHEREAS, said amendments, adoptions, and/or deletions of the Palmdale Municipal Code are permitted by law, including the California Constitution, Government Code, and Civil Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALMDALE HEREBY ORDAINS AS FOLLOWS:
SECTION 1: The above recitals are true and correct and are incorporated herein.
SECTION 2: Section 1.16.010 of Title 1 of the Palmdale Municipal Code is hereby amended to read as follows:
(A) The Senior Code Enforcement Officer, Code Enforcement Officer, Community Service Officer, Building Official, Supervising Building Inspector, Senior Building Inspector, Building Inspector, City Engineer, Supervising Public Works Inspector, Peace Officer, Parking Enforcement Supervisor, Parking Enforcement Officer, Public Security Officer, Senior Public Security Officer and Supervising Public Security Officer classifications of employees of the City as may hereafter be specifically designated by ordinance shall have the power, authority and immunity, as set forth in Section 836.5 of the California Penal Code, to make arrests without a warrant whenever such officers or employees have reasonable cause to believe that the person to be arrested has committed a violation in their presence of an ordinance or statute which such officers or employees have the duty to enforce.
SECTION 3: Section 3.44.140 of Title 3 of the Palmdale Municipal Code is hereby amended to read as follows:
3.44.140 Denial, revocation, suspension of business license; procedures to contest and effect.
(A) Grounds for Denial, Revocation, Suspension
(1) Grounds for Denial; Business Activities Involving First Amendment Activities.
Neither the Director of Finance or designee nor the City Council shall approve an application for a business license for a business activity primarily involving First Amendment activities if any of the following findings are made:
(a) The building, structure, premises, or the equipment used to conduct the business activity fails to comply with all applicable health, zoning, fire, building and safety, or nuisance prevention laws of the State or of the City or there are fees, fines, or other penalties owing the City in connection with Ordinance No. 1612
the business activity including the building, structure, premises, or the equipment used to conduct the business activity; provided, however, that this subsection shall not be construed to require that the applicant actually be in compliance with such laws or have paid such penalties at the time set for review and approval. The Director of Finance or designee nor the City Council or the City Council, as applicable, may approve a business permit and condition its operative date upon the later submission by the applicant to the Director of Finance or designee of a certificate of occupancy issued by the Division of Building and Safety or other satisfactory evidence that the business activity is then in compliance with all such applicable laws or proof of payment of such penalties;
(b) The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for the business license or in any report or statement required to be filed with the Director of Finance or designee or the City Council;
(c) The business is prohibited by any local or state law, statute, rule or regulation, or is prohibited in the particular location or zone by any law, statute, rule, or regulation; or
(d) The Director of Finance or designee or the City Council City Council has made the findings and determination as specified in PMC Section 5.04.185 relating to an applicant for a license for a proposed business activity involving First Amendment activities.
(2) Grounds for Denial; Business Activities Not Involving First Amendment Activities. Neither the Director of Finance or designee nor the City Council shall approve an application for a business license for a business activity not primarily involving First Amendment activities if any of the following findings are made:
(a) The building, structure, premises, or the equipment used to conduct the business activity fails to comply with all applicable health, zoning, fire, building and safety, or nuisance prevention laws of the State or of the City or there are fees, fines, or other penalties owing the City in connection with the business activity including the building, structure, premises, or the equipment used to conduct the business activity; provided, however, that this subsection shall not be construed to require that the applicant actually be in compliance with such laws or have paid such penalties at the time set for review and approval. The Director of Finance or designee or the City Council, as applicable, may approve a business license and condition its operative date upon the later submission by the applicant to the Director of Finance or designee of a certificate of occupancy issued by the Division of Building and Safety or other satisfactory evidence that the business activity is then in compliance with all such applicable laws or proof of payment of such penalties;
Ordinance No. 1612
(b) The applicant has knowingly made any false, misleading, or fraudulent statement of material fact in the application for the business license or in any report or statement required to be filed with the Director of Finance or designee or the City Council;
(c) The business is prohibited by any local or state law, statute, rule or regulation, or is prohibited in the particular location or zone by any law, statute, rule, or regulation;
(d) The City Council has made the findings and determination as specified in PMC 5.04.185 relating to an applicant for a license for a business activity not involving First Amendment activities.
(3) Grounds for Revocation or Suspension; Business Activities Involving First Amendment Activities. After the hearing, the City Council may condition, modify, suspend or revoke a business license for any business activity required to be permitted under this chapter if the City Council finds that one or more of the following conditions exist:
(a) That the business activity including the building, structure, premises or equipment used in the conduct of the business does not comply with any health, zoning, fire, building and safety, or nuisance prevention laws of the State or of the City;
(b) That the licensee, or any employee, agent or manager of the licensee, has violated any federal or state statute or any ordinance or regulation of the City in the course of exercising any rights under the business license which is being considered for revocation;
(c) That the licensee, or any employee, agent or manager of the licensee, has knowingly made any false, misleading or fraudulent statement of material fact in the application for permit, or in any report or statement required to be filed with the Director of Finance or designee or the City Council;
(d) That the licensee, or any employee, agent or manager of the licensee, has published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the licensed business; (e) That the licensee has failed or refused to notify the Director of Finance or designee of any change in facts as required by this chapter within 10 days after such change;
(f) That the licensee, or any employee, agent or manager of the licensee, has violated any conditions or restrictions of the business license; Ordinance No. 1612
(g) That the licensee, or any employee, agent or manager of the licensee, has allowed, or failed to prevent, the use of the business as a base for unlawful or criminal activity, including, but not limited to, solicitation, prostitution or drug trafficking;
(h) That there are any fees, fines, or other penalties owing the City in connection with the business activity including the building, structure, premises, or the equipment used to conduct the business activity; or (i) The licensee has been convicted of any violation of this code, any code adopted and incorporated by the City into this code, the California Penal Code, the Health and Safety Code, the Business and Professions Code, or any other State law.
(4) Grounds for Revocation or Suspension; Business Activities Not Involving First Amendment Activities. After the hearing, the City Council may condition, modify, suspend or revoke a business license for any business activity required to be permitted under this chapter if the City Council finds that one or more of the following conditions exist:
(a) That the business activity including the building, structure, premises or equipment used in the conduct of the business does not comply with any health, zoning, fire, building and safety, or nuisance prevention laws of the State or of the City;
(b) That the licensee, or any employee, agent or manager of the licensee, has violated any federal or state statute or any ordinance of the City in the course of exercising any rights under the business license which is being considered for revocation;
(c) That the licensee, or any employee, agent or manager of the licensee, has been found to have committed a crime of moral turpitude which bears a substantial relationship to the conduct of the business activity for which the business license is being considered for revocation; (d) That the licensee, or any employee, agent or manager of the licensee, has knowingly made any false, misleading or fraudulent statement of material fact in the application for permit, or in any report or statement required to be filed with the Director of Finance or designee or the City Council;
(e) That the licensee, or any employee, agent or manager of the licensee, has published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the operation of the licensed business;
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(f) That the licensee has failed or refused to notify the Director or designee of any change in facts as required by this Chapter within 10 days after such change;
(g) That the licensee, or any employee, agent or manager of the licensee, has violated any conditions or restrictions of the business license; (h) That the licensee has been convicted of any violation of this code, any code adopted and incorporated by the City into this code, the California Penal Code, the Health and Safety Code, the Business and Professions Code, or any other State law;
(i) That the licensee, or any employee, agent or manager of the licensee, has violated any rule or regulation adopted by the City Council or any other governmental agency relating to the licensee’s business; (j) That the licensee has conducted the licensed business in a manner contrary to the public health, safety, and welfare; or
(k) That there are any fees, fines, or other penalties owing the City in connection with the business activity including the building, structure, premises, or the equipment used to conduct the business activity. (B) Hearing to Contest Denial, Revocation, Suspension
(1) Initiation of Hearing. The determination of whether a license should be denied, revoked, or suspended shall be initiated by a written statement of the grounds in Section 3.44.140(A) have been found. Such statement may be initiated by any department or agency required to review or inspect the business activity for compliance with applicable regulations. Such statement shall be submitted to the Director of Finance or their designee. The City shall give written notice to the applicant/licensee of the decision to deny, revoke, or suspend to the address on the operative application or license via first-class mail. The applicant/licensee may request a hearing by filing a request for a hearing on a City-approved form with the Office of the City Clerk, 38300 Sierra Highway, Palmdale, CA 93550 and must provide the reasons why the grounds in Section 3.44.140(A) have not been established within 20 calendar days from the issuance date of the notice. If the Office of the City Clerk does not receive the request in the required period, the applicant/licensee shall have waived the right to a hearing and the determination shall be deemed confirmed and final.
(2) Notice of Hearing. If a timely and complete request for hearing is made, the City will set a hearing before the City Council for the City Council to determine whether grounds in Section 3.44.140(A) have been established to support the City’s denial, revocation, or suspension. Written notice of the date, time, and location of the hearing shall be given to the applicant/licensee not less than 10 Ordinance No. 1612
days prior to the hearing by first class mail. Service of this notice is deemed complete at time of mailing. The failure of an applicant/licensee to receive a properly addressed notice shall not invalidate the determination or any hearing, City action or proceeding conducted pursuant to this Section. The hearing will be conducted within 60 days of the date a timely and complete request is received by the Office of the City Clerk unless otherwise agreed to by the applicant/licensee and the City.
(3) Procedure for Hearing.
(a) Right to witnesses and submission of documentary evidence. The applicant/licensee and the City shall have the right to bring witnesses to testify whether the grounds in Section 3.44.140(A) have been established and cross-examine each other’s witnesses. The applicant/licensee and the City also have the right to submit in advance of the hearing—no later than 3 calendar days prior to the date set for hearing—written argument and documentary evidence on whether the grounds in Section 3.44.140(A) have been established. Such submission shall be made by first class mail unless otherwise agreed to by the applicant/licensee and the City, such as via email. Failure to receive said written material shall not invalidate the determination or any hearing, City action or proceeding conducted pursuant to this Section.
(b) Procedure and rules of evidence. Administrative hearings are informal, and formal rules of evidence and discovery do not apply. Oral evidence shall be taken only on oath or affirmation. The City bears the burden of proof to establish the grounds in Section 3.44.140(A) by a preponderance of evidence. An applicant/licensee may bring an interpreter to the hearing provided there is no expense to the City therefore. The City Council may question any person who presents evidence or who testifies at any hearing.
The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC 2.08.090.
(c) Decision. The City Council shall issue its decision in writing promptly and notice of it must be made via first-class mail to the applicant/licensee and City. The decision shall contain a determination of the issues presented, including the evidence supporting whether the grounds in Section 3.44.140(A) were established and the applicable grounds in Section
3.44.140(A).
(4) Effect of Revocation or Suspension.
(a) No refunds of any business license fees, taxes, or other sums paid shall be made to any licensee upon revocation or suspension of a business license.
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(b) Following revocation of any business license under this Section, no business license to conduct the same business activity shall be issued to the same person for a period of one year.
(c) Whenever a business license is suspended or revoked, the Director of Finance or their designee shall take into possession the business license for the subject business activity. The licensee shall surrender the business license and license stickers, or similar evidence of a license, to the Director of Finance or their designee.
(d) Upon revocation or suspension of a business license, the licensee shall immediately cease operation of the business activity. Except as otherwise provided, if the license is suspended, the licensee may resume operation upon expiration of the suspension period.
(5) Judicial Appeal. The determination issued by the City Council shall be deemed a final order and may be judicially reviewed pursuant to California Code of Civil Procedure Section 1094.6. There is no right to a further administrative appeal. (C) No License Issued or Renewed where Applicant is Indebted to City (1) No business license shall knowingly be issued or renewed when, at the time of making application for any license, or renewal thereof, the applicant is indebted to the City for any unpaid license tax, license fees, transient occupancy taxes, or unpaid invoices for any rates, fees or charges imposed pursuant to this code. The Director of Finance or designee may enter into an agreement with any person so indebted to the City to establish a payment schedule for such indebtedness and any delinquencies and interest thereon. In such agreement, the debtor shall acknowledge such debt to the City and shall agree that if any default occurs in the payment of any installment agreed to be paid thereunder, the entire amount to be paid shall become immediately due and payable, and that, if suit is brought to enforce collection of the amount agreed to be paid under such agreement, the debtor will pay all costs of suit incurred by the City, including reasonable attorneys’ fees.
(2) If such an agreement is executed, and all other provisions of this Chapter are complied with, a license for the current or ensuing license period may be issued to such person upon payment of the license tax prescribed for the current or ensuing license period, together with any penalties thereon.
SECTION 4: Section 5.04.040 subdivision (N)(1) of Title 5 of the Palmdale Municipal Code is hereby amended to read in its entirety as follows:
(1) Any business wherein the preponderant business is the offering of services, materials, goods and/or products which are characterized by an emphasis on matter depicting, describing, or in relation to “nude” or “semi-nude” persons or “specified sexual activities,” as defined in Section 17.92.010 of the Palmdale zoning ordinance, for observation by Ordinance No. 1612
patrons therein. Such businesses shall include, but not be limited to, an adult bookstore, adult video store, picture arcade showing adult entertainment pictures, adult motion picture theater or other similar businesses; or
SECTION 5: Section 5.04.040 subdivision (N)(3) of Title 5 of the Palmdale Municipal Code is hereby amended to read in its entirety as follows:
(3) Any business, having as a portion of its goods for sale, products which replicate or are designed to simulate “specified anatomical areas,” as defined in Section 17.92.010 of the Palmdale zoning ordinance, to cause sexual excitement thereof. Such business shall include, but not be limited to, a sexual novelty store or other similar businesses.
SECTION 6: Section 5.04.050 subdivision (D) of Title 5 of the Palmdale Municipal Code is hereby repealed and deleted in its entirety; however such repeal shall not affect or excuse any violation of said Section that occurred prior to the effective date of this Ordinance, nor shall such repeal impede, deter, impact, or negate any administrative, civil, or criminal enforcement of any violation of said Section that occurred prior to the effective date of this Ordinance.
SECTION 7: Section 5.04.150 subdivisions (2), (3), (4), (5), (6), (8), (9), (11) through (27) of Title 5 of the Palmdale Municipal Code are hereby repealed and deleted in its entirety; however such repeal shall not affect or excuse any violation of said Section that occurred prior to the effective date of this Ordinance, nor shall such repeal impede, deter, impact, or negate any administrative, civil, or criminal enforcement of any violation of said Section that occurred prior to the effective date of this Ordinance.
SECTION 8: Section 5.04.150 of Title 5 of the Palmdale Municipal Code is hereby amended to read in its entirety as follows:
(A) No person shall commence, conduct or purport to commence or conduct the following business activities without a valid business permit:
(1) Adult-oriented businesses;
(2) Entertainment;
(3) Game arcades;
(4) Gun dealers;
(5) Massage establishments and massage technicians;
(6) Pawnbrokers and secondhand dealers;
(7) Sidewalk vending;
(8) Mobile vending; and
(9) Tobacco/smoking product retailer.
(B) The regulations pertaining to specified businesses or business activities requiring a business permit are set forth in Article II of this chapter commencing with PMC 5.04.400.
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SECTION 9: Subsection (A)(1) of Section 5.04.170 of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:
(1) Business Permit Applications Which Do Not Require Hearings. These business permit applications shall be subject to the approval of the Director as the reviewing authority.
Any person may appeal the Director’s decision on the application in a manner consistent with the requirements of PMC 5.04.280, et. sequentes. The timely filing of an appeal shall entitle the aggrieved party to a hearing.
SECTION 10: Subsection (B) of Section 5.04.210 of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:
(B) Appealability. The denial of an application by the Director may be appealed to the City Council in a manner consistent with PMC 5.04.280, et. sequentes.
SECTION 11: Section 5.04.240 of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:
Section 5.04.240 Reserved.
SECTION 12: Subsection (E) of Section 5.04.250 of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:
(E) Denial of Permit Renewal. If the City has received notice of any of the following upon the filing of any permit renewal application, the application for renewal may be denied, subject to the permittee’s right to appeal as provided for in PMC 5.04.280, et. sequentes.
SECTION 13: Section 5.04.270 of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:
5.04.270 Denial, non-renewal, modification, suspension or revocation. (A) The determination of whether a permit should be denied, not renewed, modified, suspended, or revoked shall be initiated by a written statement evidencing that the grounds in Section 5.02.200 or 5.04.310, as the case may be, have been found. Such statement may be initiated by any department or agency required to review or inspect the business permit and/or activity for compliance with applicable regulations. Such statement shall be submitted to the Director. The City shall give written notice to the applicant/permittee of the decision to deny, not renew, modify, suspend, or revoke to the address on the operative permit paperwork via first-class mail. (B) Any applicant/permittee aggrieved by the City’s denial of a business permit, non- renewal of a business permit, or the City’s modifying, suspension or revocation of a business permit may challenge such decision pursuant to PMC 5.04.280 et seq.
SECTION 14: Section 5.04.280 of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:
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5.04.280 Hearing to contest modification, suspension or revocation – Initiation of hearing.
The applicant/permittee may request a hearing by filing a request for a hearing on a City- approved form with the Office of the City Clerk, 38300 Sierra Highway, Palmdale, CA 93550 and must provide the reasons why the grounds in Section 5.02.200 or 5.04.310, as the case may be, have not been established within 20 calendar days from the issuance date of the notice. If the Office of the City Clerk does not receive the request in the required period, the applicant/permittee shall have waived the right to a hearing and the determination shall be deemed confirmed and final.
SECTION 15: Section 5.04.290 of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:
5.04.290 Hearing to contest modification, suspension or revocation – Notice of hearing.
If a timely and complete request for hearing is made, the City will set a hearing before the City Council for the City Council to determine whether grounds in Section
5.02.200 or 5.04.310, as the case may be, have been established to support the City’s determination. Written notice of the date, time, and location of the hearing shall be given to the applicant/permittee not less than 10 days prior to the hearing by first class mail.
Service of this notice is deemed complete at time of mailing. The failure of a applicant/permittee to receive a properly addressed notice shall not invalidate the determination or any hearing, City action or proceeding conducted pursuant to these applicable sections. The hearing will be conducted within 60 days of the date a timely and complete request is received by the Office of the City Clerk unless otherwise agreed to by the applicant/permittee and the City.
SECTION 16: Section 5.04.300 of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:
5.04.300 Hearing to contest modification, suspension or revocation – Procedure for hearing.
(A) Right to witnesses and submission of documentary evidence. The applicant/permittee and the City shall have the right to bring witnesses to testify whether the grounds in Section 5.02.200 or 5.04.310, as the case may be, have been established and cross- examine each other’s witnesses. The applicant/permittee and the City also have the right to submit in advance of the hearing—no later than 3 calendar days prior to the date set for hearing—written argument and documentary evidence on whether the grounds in Section 5.02.200 or 5.04.310, as the case may be, have been established. Such submission shall be made by first class mail unless otherwise agreed to by the applicant/permittee and the City, such as via email.Failure to receive said written material Ordinance No. 1612
shall not invalidate the determination or any hearing, City action or proceeding conducted pursuant to this Section.
(B) Procedure and rules of evidence. Administrative hearings are informal, and formal rules of evidence and discovery do not apply. Oral evidence shall be taken only on oath or affirmation. The City bears the burden of proof to establish the grounds in Section
5.02.200 or 5.04.310, as the case may be, by a preponderance of evidence. An applicant/permittee may bring an interpreter to the hearing provided there is no expense to the City therefor. The City Council may question any person who presents evidence or who testifies at any hearing. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC 2.08.090.
(C) Decision. The City Council shall issue its decision in writing promptly and notice of it must be made via first-class mail to the applicant/permittee and City. The decision shall contain a determination of the issues presented, including the evidence supporting whether the grounds in Section 5.02.200 or 5.04.310, as the case may be, were established and the applicable grounds in Section 5.02.200 or 5.04.310, as the case may be.
(D) Judicial Appeal. The determination issued by the City Council shall be deemed a final order and may be judicially reviewed pursuant to California Code of Civil Procedure Section 1094.6. There is no right to a further administrative appeal.
SECTION 17: The first phrase of Section 5.04.310 of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows, as provided in pertinent part:
5.04.310 Grounds for modification, suspension or revocation of business permit.
The City may condition, modify, suspend or revoke a business permit for any business activity required to be permitted under this Chapter as provided in Section 5.04.270 if the City finds that one or more of the following conditions exist:
SECTION 18: Section 5.04.320 of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:
5.04.320 Effect of revocation or suspension.
(A) No refunds of any business permit fees shall be made to any permittee upon revocation or suspension of a business permit.
(B) Following revocation of any business permit under this Chapter, no business license to conduct the same business activity shall be issued to the same person for a period of one year.
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(C) Whenever a business permit is suspended or revoked, the Director shall take into possession the business license for the subject business activity. The permittee shall surrender the business license and permit stickers, or similar evidence of a permit, to the Director.
(D) Upon revocation or suspension of a business permit, the permittee shall immediately cease operation of the business activity. Except as otherwise provided, if the permit is suspended, the permittee may resume operation upon expiration of the suspension period.
SECTION 19: Sections 5.04.340 through 5.04.370 of Title 5 of the Palmdale Municipal Code are hereby deleted in their entirety.
SECTION 20: Section 5.04.340 of Title 5 of the Palmdale Municipal Code is hereby added to read as follows:
5.04.340 Violations; Enforcement; Public Nuisance.
(A) Generally. Except as hereafter provided, any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor and punishable as set forth in Palmdale Municipal Code Title 1, Chapter 1.12. Each day that a violation of this Chapter occurs shall constitute a new and separate offense as provided in PMC Section 1.12.030. (B) False Statements. Any person who knowingly makes any false statement in any application for a business permit or in any report required under this Chapter is guilty of a misdemeanor and punishable as provided for in this code. (C) Enforcement. The City is authorized to take such actions as may be required for enforcement of this Chapter. The City may enforce any violation of this Chapter by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.
(D) Public Nuisance. Any violation of this Chapter shall constitute a public nuisance subject to all enforcement methods, abatement procedures, other remedies, and cost recovery as prescribed in PMC Chapter 8.36.
SECTION 21: Section 5.04.400 subsection (B)(1)(b) of Title 5 of the Palmdale Municipal Code is hereby amended to read in its entirety as follows:
Adult Bookstore, Adult Novelty Store, Adult Video Store. The terms “adult bookstore”, “adult novelty store”, or “adult video store” as used in this Section, is an establishment that has 20 percent or more of its stock in books, magazines, periodicals or other printed matter, adult-oriented merchandise or of photographs, films, motion pictures, video cassettes, slides, tapes, records, DVD, CD-ROM, or other visual or audio representations Ordinance No. 1612
or any material in digital format, are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas. An adult bookstore, adult novelty store, or adult video store shall not include mail order businesses or wholesale businesses with no patrons on the premises.
SECTION 22: Section 5.04.400 subsection (B)(1)(c) of Title 5 of the Palmdale Municipal Code is hereby amended to read in its entirety as follows:
Adult Cabaret. The term “adult cabaret” as used in this Section, means a nightclub, restaurant, or similar business establishment which:
(1) features live performances which are distinguished or characterized by an emphasis upon the
display of specified anatomical areas or specified sexual activities; and/or (2) features persons who appear semi-nude; and/or
(3) shows films, computer-generated images, motion pictures, video cassettes, slides, DVD, CD-ROM, or other visual or audio representations or any material in digital format, or other photographic reproductions 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.
SECTION 23: Section 5.04.400 subsection (B)(1)(d) of Title 5 of the Palmdale Municipal Code is hereby amended to read in its entirety as follows:
Adult Hotel/Motel. The term “adult hotel/motel” as used in this Section, means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which, (1) provides patrons with closed-circuit television transmissions, films, computer-generated images, motion pictures, video cassettes, slides, DVD, CD ROM, or other visual or audio representations or any material in digital format, or other photographic reproductions 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; and (2) rents, leases, or lets any room for less than a 10 hour period, or rents, leases, or lets any single room more than twice in a 24-hour period.
SECTION 24: Section 5.04.400 subsection (B)(1)(e) of Title 5 of the Palmdale Municipal Code is hereby amended to read in its entirety as follows:
Adult Motion Picture Theater. The term “adult motion picture theater” means any business, other than a hotel or motel which regularly provides closed-circuit viewing to each individual room as a secondary service to its hotel or motel customers, with the capacity for five or more persons where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions in which the predominant character and theme is distinguished or characterized by its emphasis on Ordinance No. 1612
matters depicting or relating to "specified sexual activities," "specified anatomical areas" or men and/or women in a "state of nudity" or "state of partial nudity" as defined in this section, are regularly shown. This includes, without limitation, showing any such slides, motion pictures or videos by means of any video tape system which has a display, viewer, screen, or a television set. For purposes of this chapter, motion pictures receiving up to an "NC17" rating from a generally recognized movie rating organization shall not be deemed to be included in the definition of an adult motion picture theater.
SECTION 25: Section 5.04.400 subsection (B)(1)(f) of Title 5 of the Palmdale Municipal Code is hereby amended to read in its entirety as follows:
Adult live entertainment theater means any place, building, enclosure, or structure, partially or entirely used for "live adult entertainment," as defined in this section, performances or presentations characterized by an emphasis on depicting, exposing, displaying, or describing or relating to "specified sexual activities," "specified anatomical areas" or men and/or women in a "state of nudity" or "state of partial nudity" for observation by patrons or customers therein. "Live adult entertainment" means any physical human body activity, whether performed or engaged in alone or with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulating, wrestling, or pantomiming, in which the performer(s) expose to public view without opaque covering "specified anatomical areas" or appear in a "state of nudity" or a "state of partial nudity" for any form of consideration.
SECTION 26: Section 5.04.400 subsection (B)(1)(g) of Title 5 of the Palmdale Municipal Code is hereby amended to read in its entirety as follows:
Modeling Studio. The term “modeling studio” as used in this Section, means a business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, or on a voluntary basis, figure models who, for the purposes of sexual stimulation of patrons, appear either nude or semi-nude or display “specified anatomical areas” to be observed, sketched, photographed, painted, sculpted, or otherwise depicted by persons on the premises. “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, allow, or make available “specified sexual activities”.
SECTION 27: Section 5.04.400 subsection (B)(3) of Title 5 of the Palmdale Municipal Code is hereby amended to read in its entirety as follows:
Adult-Oriented Merchandise. The term Adult-Oriented Merchandise” as used in the Section, means sexually oriented implements or paraphernalia, including, but not limited to dildos; auto sucks; adult-oriented vibrators; edible underwear; benwa balls; inflatable orifices; anatomical balloons with orifices; simulated vaginas, and similar adult-oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.
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SECTION 28: Section 5.04.400 subsection (B)(5) of Title 5 of the Palmdale Municipal Code is hereby amended to read in its entirety as follows:
Bar. For the purposes of this section, a “bar” is defined as an establishment in which the primary use is the sale of alcoholic beverages for consumption on-site which requires an alcoholic beverage control license (Type 40, 41, 42, 48 or 61) which does not meet the definition of a bona fide restaurant, as defined in Chapter 17.16 of the Palmdale zoning ordinance.
SECTION 29: Section 5.04.400 subsection (B)(8) of Title 5 of the Palmdale Municipal Code is hereby amended to read in its entirety as follows:
Establishment of an Adult-Oriented Business. As used in this Section, to “establish” an Adult-Oriented Business shall mean and include any of the following:
a. The opening or commencement of any Adult-Oriented Business as a new business;
b. The conversion of an existing business, whether or not an Adult-Oriented Business, to any Adult-Oriented Business defined herein; c. The addition of any of the Adult-Oriented Businesses defined herein to any other existing Adult-Oriented Business; or,
d. The relocation of any such Adult-Oriented Business.
SECTION 30: Section 5.04.400 subsection (B)(12) of Title 5 of the Palmdale Municipal Code is hereby amended to read in its entirety as follows:
Park. As used in this Section, the term “park” means a park, trail, recreation center, sports complex, golf course, or athletic field within the City which is under the control, operation or management of the City or other public agency.
SECTION 31: Section 5.04.400 subsection (B)(17) of Title 5 of the Palmdale Municipal Code is hereby amended to read in its entirety as follows:
Religious Institution. The term “religious institution” as used in this Section, is a structure which is used primarily for religious worship and related religious activities.
SECTION 32: Section 5.04.400 subsection (B)(18) of Title 5 of the Palmdale Municipal Code is hereby amended to read in its entirety as follows:
School. The term “school” as used in this Section, is any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, Ordinance No. 1612
kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.
SECTION 33: Section 5.04.400 subsection (B)(19) of Title 5 of the Palmdale Municipal Code is hereby amended to read in its entirety as follows:
Semi-Nude. As used in this Section, the term “semi-nude” means 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.
SECTION 34: Section 5.04.400 subsection (B)(20) of Title 5 of the Palmdale Municipal Code is hereby amended to read in its entirety as follows:
Specified Anatomical Areas. As used in this Section, “specified anatomical areas” shall mean and include any of the following:
(a) Less than completely and opaquely covered human: i. Genitals or pubic region; ii. Buttocks; and, iii. Female breast below a point immediately above the top of the areola;
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered; and,
(c) Any device, costume, or covering that simulates any of the body parts included in subsection (B)(20)(a) or (b) of this section.
SECTION 35: Section 5.04.400 subsection (B)(21) of Title 5 of the Palmdale Municipal Code is hereby added to read in its entirety as follows:
Specified Sexual Activities. As used herein, “specified sexual activities” shall mean and include any of the following, whether performed directly or indirectly through clothing or other covering:
(a) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;
(b) Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy; (c) Masturbation, actual or simulated; or,
(d) Excretory functions as part of or in connection with any of the other activities described in subsections (21)(a) through (c) of this section.
SECTION 36: Section 5.04.400 subsection (B)(22) of Title 5 of the Palmdale Municipal Code is hereby added to read in its entirety as follows:
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Substantially Enlarged. The term “substantially enlarged” as used in this Section means the increase in floor area occupied by an Adult-Oriented Business by more than 10 percent of its floor area as it existed at the time an Adult-Oriented Regulatory Permit was issued for the business.
SECTION 37: Section 5.04.400 subsection (F)(5) of Title 5 of the Palmdale Municipal Code is hereby amended to read in its entirety as follows:
(5) The City Council shall grant the application and issue the adult-oriented business regulatory permit upon findings that the proposed business meets the locational criteria of Section 17.92.010.C.1 of the City of Palmdale zoning ordinance, and that the applicant has met all of the development and performance standards and requirements of subsection (I) of this section, unless the application is denied for one or more of the reasons set forth in subsection (G) of this section. The permittee shall post the permit conspicuously in the adult-oriented business premises.
SECTION 38: Section 5.04.400 subsection (G)(1)(c) of Title 5 of the Palmdale Municipal Code is hereby amended to read in its entirety as follows:
(c) The adult-oriented business does not comply with the zoning ordinance locational standards, Section 17.92.010.C.1;
SECTION 39: Section 5.04.400 subsection (I)(8) of Title 5 of the Palmdale Municipal Code is hereby amended to read in its entirety as follows:
(8) Any adult-oriented business shall comply with the provisions of PMC Section
17.92.010
SECTION 40: Section 5.04.400 subsection (W) of Title 5 of the Palmdale Municipal Code is hereby amended to read in its entirety as follows:
(W) Existing Adult-Oriented Businesses
The provisions of Title 17, Section 17.92.010(F) apply as it relates to the City’s regulations as to non-conforming uses. Any Existing Adult-Oriented Businesses not operating in compliance with Section 17.92, including Section 17.92.010(F), are not lawful businesses and are subject to the enforcement provisions of this Section 5.04.400 and any other applicable enforcement laws of the City.
SECTION 41: Sections 5.04.410 through 5.04.680 of Title 5 of the Palmdale Municipal Code are hereby repealed and deleted in its entirety; however such repeal shall not affect or excuse any violation of said Section that occurred prior to the effective date of this Ordinance, nor shall such repeal impede, deter, impact, or negate any administrative, civil, or criminal enforcement of any violation of said Section that occurred prior to the effective date of this Ordinance.
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SECTION 42: Section 5.04.410 is hereby added to Title 5 of the Palmdale Municipal Code and is to read in its entirety as follows:
5.04.410 Entertainment.
(A) Definitions. For purposes of this section, the following words shall have the following meanings:
(1) “Entertainment” means and includes, but is not limited to, any act, play, review, pantomime, scene, movie, song, dance act, song and dance act, exhibition, dancing for compensation, or poetry recitation, performed for the benefit of the public, either at a private or public establishment. “Entertainment” as used herein does not include mechanical music alone.
(2) “Adult-oriented entertainment” means any entertainment in an adult arcade, adult cabaret, adult motion picture theater, adult theater, or modeling studio, as those terms are defined in PMC 5.04.400(B)(1).
(B) The requirements of this section shall be inapplicable to adult-oriented entertainment which shall be subject to the permit and regulatory requirements of PMC 5.04.400 (adult- oriented business).
(C) Application Information. In addition to the information required by PMC 5.04.140, the application for an entertainment permit shall include the following information:
(1) The names and addresses of the persons who have authority or control over the location for which the permit is requested, and a brief statement of the nature and extent of such authority or control;
(2) The name and address of the owner of the premises upon which the permitted activity is to be conducted, if the applicant is leasing such premises from the owner; (3) Whether the entertainment to be provided is adult-oriented entertainment; and (4) The duration of the entertainment permit requested by the applicant. The Director is specifically authorized to issue a one-day entertainment permit, subject to the permittee’s compliance with all applicable provisions of this section. (D) Operating Requirements.
(1) Hours of Operation. Entertainment, excluding adult-oriented entertainment, may be provided at an establishment permitted to provide entertainment in any location for which it is permitted except between the hours of 2:00 a.m. and 7:00 a.m. unless the City Council specifically authorizes otherwise upon a showing of good cause and that authorization is expressly set forth on the business permit for the permitted activity.
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(2) Exits. No permit may be issued pursuant to this section to any applicant if the location for which the permitted activity is being sought does not maintain unlocked doors with free and easy access sufficient to assure adequate ingress and egress in the event of an emergency.
(3) Lighting.
(a) Every business establishment at which permitted entertainment, excluding adult-oriented entertainment, may be provided shall be illuminated throughout at an intensity of at least three foot-candles during all hours of operation except while a floor show is in progress. (b) Every business establishment at which permitted entertainment, excluding adult-oriented entertainment, may be provided shall, if it owns or operates an adjacent parking lot, provide illumination of at least two foot- candles throughout such parking lot.
(E) Prohibitions – Revocation.
(1) Except for entertainment activities or performances conducted in an adult business operating in compliance with PMC provisions regulating such activities and performances, any entertainment activities or performances which present an entertainer in a semi-nude state or reveal specified anatomical areas, or include performances which either: (a) are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities; and/or (b) feature entertainers who appear semi-nude, as defined in the City adult business ordinances in the PMC, are expressly prohibited.
(2) Any violation of this section shall result in a denial, revocation, or suspension of an applicable entertainment permit following the procedures set forth in Chapter 5.04 PMC and all applicable consequences of such denial, revocation, or suspension apply as provided in PMC 5.04.210 and 5.04.320 and related sections of this code. (3) The City may enforce any violation of this section by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.
SECTION 43: Section 5.04.420 is hereby added to Title 5 of the Palmdale Municipal Code and is to read in its entirety as follows:
5.04.420 Game arcades.
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(A) Definitions. For purposes of this section, the following words shall have the following meanings:
(1) “Coin-operated game” means any game or machine, operated by the insertion of money, coin or other object, which is predominately a game of skill or amusement.
Such games include, but are not limited to, coin-operated pool tables, pinball machines and video games.
(2) “Game arcade” means any place open to the public where five or more coin- operated games are kept or maintained for use and operation by the public. (B) General Requirements.
(1) Visibility of Interior.
(a) The permittee shall maintain the interior premises of the game arcade in a manner such that it is clearly visible from the entrance to the establishment in which the game arcade is located.
(b) Notwithstanding subsection (B)(2)(a) of this section, if the game arcade is located in a physically segregated portion of the premises, the permittee shall maintain its interior in a manner such that it is clearly visible from the entrance into the game arcade.
SECTION 44: Section 5.04.430 is hereby added to Title 5 of the Palmdale Municipal Code and is to read in its entirety as follows:
5.04.430 Gun dealers.
(A) Definitions. For purposes of this section, the following term shall have the following meaning:
“Gun dealer” means any person who sells or otherwise transfers to members of the public any pistol, revolver or other firearm, new or used, capable of being concealed upon the person.
(B) Application Information.
(1) Permit Form. Any permit issued to operate a gun dealer shall be on a form provided by the State Attorney General.
(2) Application Form. Notwithstanding any other provision of this chapter, every applicant for a gun dealer permit shall fill out the application form provided by the State Attorney General.
(C) Permit Subject to Conditions. All permits issued under this section are subject to the following conditions, breach of any of which subjects the business permit to forfeiture:
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(1) The business activity shall be carried on only in the building designated in the permit.
(2) The permit or a copy thereof, certified by the issuing authority, shall be posted in a conspicuous manner on the premises in which the business is being conducted. (3) No pistol, revolver, or other firearm capable of being concealed upon the person shall be delivered:
(a) Within 10 days of the application for the purchase, or, after notice by the Department of Justice (“Department”) pursuant to subdivision (c) of Section 12076 of the State Penal Code, within 10 days of the submission to the Department of corrected copies of the register, or within 10 days of the submission to the Department of any fee required pursuant to subdivision (d) of Section 12076 of the State Penal Code, whichever is later:
(i) Unless unloaded and securely wrapped or unloaded and in a locked container;
(ii) Unless the purchaser or transferee either is personally known to the dealer or presents clear evidence of his or her identity to the dealer;
(iii) Whenever the dealer is notified by the Department of Justice that a purchaser is in a prohibited class described in Section 12021 or 12021.1 of the Penal Code or Section 8100 or 8103 of the Welfare and Institutions Code.
(b) No pistol or revolver, or imitation thereof, or placard advertising the sale or other transfer thereof, shall be displayed in any part of the premises where it can readily be seen from the outside.
(c) The permittee shall agree to and shall act properly and promptly in processing transfers of pistols, revolvers, and other firearms capable of being concealed upon the person.
(d) The permittee shall comply with Sections 12073 and 12077 and subdivision (b) of Section 12072 of the State Penal Code.
SECTION 45: Section 5.04.440 is hereby added to Title 5 of the Palmdale Municipal Code and is to read in its entirety as follows:
5.04.440 Massage establishments and massage technicians. (A) Definitions. For purposes of this section, the following words and phrases have the following meanings:
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(1) “Certificate” means a certificate issued by a recognized school of massage (as defined in this subsection (A)), certifying completion of the required curriculum in massage training.
(2) “Corporate massage” means any massage of the neck, arms, shoulders and back area above the waist where the client is fully clothed and in a sitting position, where the massage is: (i) administered by a licensed and permitted massage technician; (ii) approved as an accessory use in a permitted location; and (iii) where the massage is limited to the upper body and conducted without the use of supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in this practice.
(3) “Massage” means any method of treating the external parts of the body for remedial, health, or hygienic purposes by means of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, other similar preparations commonly used in this practice, or any other system for treatment or manipulation of the human body with or without any form of bath, such as Turkish, Russian, Swedish, Japanese, Shiatsu, acupressure, vapor, shower, electric tub, sponge, mineral, fomentation or any other type of bath, including herbal body wraps. (4) “Massage establishment” means any establishment having a fixed place of business where any person provides or attempts to provide, engages in, conducts, carries on, or permits to be engaged in, conducted, or carried on, any business of providing massages, as defined in this subsection (A), or health treatments involving massage as the principal function, and where more than one massage table or chair will be utilized, or more than one licensed and permitted massage technician will be on duty at any one time.
(5) “Massage technician” includes “masseur,” “masseuse,” “massage practitioner” and “massage therapist,” and means any person who administers to any other person, for any form of consideration or gratuity, a massage as defined in this section. (6) “Qualified massage association” means any association that meets all of the following criteria:
(a) The association is a nonprofit organization; and
(b) The association has established as minimum education requirements for membership the completion of a minimum of 500 hours of education and training or its equivalent, in anatomy, physiology, hygiene, sanitation, massage therapy and practice, ethics of massage practice, first aid and CPR, from a recognized school of massage and has a written and practical Ordinance No. 1612
testing of equivalency administered and overseen by its admission committee or by a national certification program endorsed by the National Commission for Certifying Agencies (NCCA), which is required in order to obtain membership; and
(c) The association offers and requires participation and completion by its members of a minimum number of hours of specified continuing education as a condition of continuing membership; and
(d) The association is open to members of the general public who meet the requirements for membership; and
(e) The association has established rules of ethics and has enforcement procedures for the suspension or revocation of membership for violation of those rules.
(7) “Recognized school of massage” means any school or institution of learning that teaches the theory, ethics, practice, profession, and work of massage, which school or institution complies with California Education Code Sections 94310 and 94311, or complies with equivalent regulations from other jurisdictions, and which requires a resident course of study before the student is furnished with a diploma or certificate of graduation. No school offering a correspondence course and not requiring actual attendance will be deemed to be a recognized school of massage. A school of massage may not provide massage services to any member of the general public for any form of compensation, gratuity or consideration.
(8) “Sheriff” means the Los Angeles County Sheriff or his or her designee. (B) Exemptions. This section shall not apply to the following:
(1) The provisions of this section that require a massage technician permit are not applicable to, and may not be construed as applying to, any of the following persons:
(a) Physicians, surgeons, chiropractors, osteopaths, physical therapists or any registered or licensed vocational nurse working on the premises of and under the direct supervision of a physician, surgeon, chiropractor, osteopath, or physical therapist duly licensed to practice that profession in the state of California. Practical nurses, or other persons not having a massage technician permit whether or not employed by the physician, surgeon, chiropractor, osteopath, or physical therapist, may not administer or practice massage;
(b) State-licensed acupuncturists;
(c) Registered nurses and licensed vocational nurses;
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(d) Coaches or trainers of amateur, semiprofessional, or professional athletes;
(e) Barbers and beauticians, duly licensed under the laws of the state of California, while engaging in their professions; provided, however, that this exception applies solely to the massaging of the neck, scalp and hair of the customer or client;
(f) State-certified massage technicians pursuant to Division 2, Chapter 10.5, Section 4600 et seq. of the Business and Professions Code who are practicing massage consistent with the requirements therein. (2) The provisions of this section that require a massage establishment permit are not applicable to, and may not be construed as applying to, any of the following:
(a) Hospitals, nursing homes, sanitariums, or other health care facilities licensed by the state of California;
(b) Hospices, including those located in residences, that are licensed by the County of Los Angeles;
(c) The athletic departments of accredited high schools, junior colleges, and colleges or universities whose coaches and trainers are acting within the scope of their employment;
(d) Health fairs or similar special events that are reviewed and approved by the Director;
(e) A health club, fitness center, gymnasium, hotel with over 100 rooms, a suntan parlor, a barber or beauty shop where massage is provided as an approved accessory use to the primary business;
(f) Physician’s, surgeon’s, chiropractor’s, osteopath’s, or physical therapist’s medical practice as an approved accessory to the primary business;
(g) Massage establishments or businesses that are sole proprietorships, where the sole proprietor is certified pursuant to Division 2, Chapter 10.5, Section 4600 et seq. of the Business and Professions Code, and to massage establishments or businesses that employ or use only persons certified to provide massage services pursuant to Division 2, Chapter 10.5, Section 4600 et seq. of the Business and Professions Code who are practicing massage consistent with the requirements therein. (C) Permit Application – Massage Establishments. It is 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 Ordinance No. 1612
any premises within the City, the operation of a massage establishment as defined in this section without first having obtained a permit issued by the City pursuant to the provisions of this section. A permit is valid as provided for in PMC 5.04.230, unless earlier revoked or suspended. The required permit is in addition to any business license required by this code. The application for a permit does not authorize operation of a massage establishment unless and until the permit has been issued. In addition to the information required by PMC 5.04.140, all applications for a permit to conduct a massage establishment business must contain the following information, as applicable:
(1) The nature of the ownership of the business, i.e., whether by an individual, partnership, corporation, or otherwise. If the applicant is a corporation, the name of the corporation must be set forth exactly as shown in its articles of incorporation, together with the state and date of incorporation and the names and residence addresses and telephone numbers, and business addresses and telephone numbers, of each of its current officers and directors, and of each stockholder holding more than five percent of the stock of that corporation. If the applicant is a partnership, the application must set forth the name, residence and business addresses, and telephone numbers, of each of the partners, including limited partners. If it is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the Secretary of the State. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations is applicable. The applicant corporation or partnership must designate one of its officers or general partners to act as its responsible managing officer. That designated person must complete and sign all application forms required for an individual applicant under this subsection, but only one application fee will be charged; (2) The precise name or names under which the business of the massage establishment is to be conducted;
(3) The business address and all telephone numbers of the massage establishment;
(4) A list of the names, residence addresses, and telephone numbers of all proposed massage technicians and employees to be employed by the massage establishment, and the name, residence address, and telephone number of the manager or managing employee proposed to be principally in charge of the operation of the massage establishment;
(5) A description of any other business operated on the same premises, or within the City or the state of California, that is owned or operated by the applicant; (6) The present address, telephone number, and the previous addresses, if any, of the applicant for the last 10 years immediately preceding the date of the permit application and the dates of each address;
(7) Written proof of the applicant’s or responsible managing officer’s age, height, weight, color of hair and eyes, sex, and date of birth; Ordinance No. 1612
(8) Two identification photographs at least two inches by two inches taken in the last six months and fingerprints of the applicant or the responsible managing officer; (9) The employment history and experience of the applicant in the massage or similar business for the last 10 years immediately preceding the date of application including, but not limited to, the massage or similar business history and experience in this City or any other city or state;
(10) Whether the applicant has had any other permit or license issued by an agency, board, city, county, territory, or state; the date of issuance of that permit or license, and whether the permit or license was denied, revoked or suspended; or, if a vocational or professional license or permit was denied, revoked or suspended, the reason therefor;
(11) All criminal convictions, including ordinance violations and pleas of nolo contendere, within the last 10 years, including those dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding traffic violations, and a statement as to the date and place of each such conviction and reasons therefor; (12) The name and address of the owner or lessor of the real property upon which the business is to be conducted. If the applicant is not the owner of the property, the application must be accompanied by a copy of the lease and a notarized acknowledgment from the owner of the property that a massage establishment will be located on that property;
(13) Proof of matriculation from a “recognized school of massage,” as defined in subsection (A) of this section. If the applicant is a corporation or partnership, then this proof must be supplied for the member of the corporation or partnership who will actively participate in the management of the massage establishment, and who is designated as the responsible managing officer;
(14) Proof of membership in a “qualified massage association,” as defined in subsection (A) of this section;
(15) A floor plan of the massage establishment indicating all proposed tenant improvements, including the location of each room, massage table and/or chair dedicated to providing massage services. No alterations to the approved floor plan will be permitted unless and until reviewed and approved by the appropriate City departments; (16) Authorization for the City, its agents and employees, to seek verification of all information contained in the application;
(17) Such other information as may be deemed necessary by the Director or the Sheriff’s Department;
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(18) A statement in writing, signed and dated by the applicant, declaring under penalty of perjury that all information contained in the application is true and correct and that all provisions of this section will be adhered to. (D) Massage Establishment – Permit Issuance and Denial. Upon receipt of a written application, the Director will have 60 days to conduct an investigation to ascertain whether the permit should be issued. The Director must forward a recommendation to the City Council, which has the authority to issue the permit unless it makes any of the following findings:
(1) The applicant, if an individual, or any officers, directors, or shareholders of the corporation, if the applicant is a corporation, or any of the partners including limited partners, if the applicant is a partnership, or any person proposed to be engaged or employed in the massage establishment, has within 10 years preceding the date of the application:
(a) Been convicted of a violation of California Penal Code Section 266(h), 266(i), 314, 315, 316, 318, or subsection (a) or (b) of Penal Code Section 647, or any other provisions of law that require a person to register under the provisions of Penal Code Section 290, or where the prosecution accepted a plea of guilty or nolo contendere to a charge of violating Penal Code Section 415, or any lesser included offense, in satisfaction of or as a substitute for any of the previously listed crimes;
(b) Been convicted of a violation of Health and Safety Code Section 11550, or any offense involving the illegal sale, distribution, or possession of a controlled substance specified in Health and Safety Code Section 11054, 11055, 11056, 11057 or 11058;
(c) Been convicted of an offense in any other state, which offense is the equivalent of any of the above referenced offenses;
(d) Engaged in conduct that would constitute grounds for suspension or revocation under this Section;
(e) Been subjected to a permanent injunction against the conduct or maintenance of a nuisance pursuant to Sections 11225 through 11235 of the California Penal Code, or similar provisions of law of a jurisdiction outside the state of California; and
(f) Been convicted of an act involving dishonesty, fraud, deceit, or moral turpitude, or an act of violence, which act or acts are related to the qualifications, functions or duties of the applicant;
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(2) The applicant had a massage operator or massage technician permit or other similar license or permit denied or revoked for cause by a licensing authority or by any city, county, or state within 10 years prior to the date of application; (3) The applicant has made false, misleading, or fraudulent statement(s) or omission(s) of fact to the City in the permit application process; (4) The application does not contain all of the information required by subsection (C) of this Section;
(5) 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;
(6) The applicant has not satisfied the requirements of this section within the time specified.
If the application is denied for failure to comply with subsection (D)(3) or (4) of this section, the applicant may not reapply for a period of 12 months from the date the application was denied.
(E) Massage Establishment – General Provisions. All permittees must comply with the following conditions and any other conditions specified by the City Council in connection with the issuance of a permit:
(1) Prior to occupancy of the massage establishment, a final inspection by the appropriate City departments and agencies will be conducted to verify compliance with the approved plans and with all applicable provisions of this section. On-going operation of the massage establishment must be in conformance with this code and the zoning ordinance at all times.
(2) No massage technician, employee, or manager may massage the genital or anal area of any patron, or the breasts of any female patron, nor may any permittee or manager of a massage establishment allow such massage. No massage technician, operator, or manager, while performing any task or service associated with the business of the massage establishment, may be present in any room with another person unless that person’s genitals, anus, or, in the case of a female, her breasts, are completely covered by a fully opaque, nontransparent material.
(3) No permittee may conduct business under any name not specified in the permit. (4) All massage establishments must have a manager on the premises at all times that the massage establishment is open. The permittee of the massage establishment must file a statement with the Director designating the person or persons who are authorized to act as the manager and to ensure compliance with this section, as well as Ordinance No. 1612
being the person to whom notices required by this chapter may be delivered to for receipt by the permittee.
(5) No massage establishment may be or remain open for business without having at least one massage technician on duty on the premises who holds a current valid permit. (6) The permittee and its designated manager(s) must ensure that the permit for each on-duty massage technician is conspicuously displayed in a location visible to the patrons, and that each massage technician is wearing the photo identification required by subsection (J)(2) of this section.
(7) No permittee may employ any person as a massage technician who does not have a valid massage technician permit issued pursuant to this section. Every permittee must report to the Director any change of employees, whether by way of new or renewed employment, discharge or termination. The report must set forth the name of the employee and the date of hire or termination. The report must be made within five days of the hire or termination. The permittee must deliver to the Director the permit and photo identification card of any massage technician no longer employed by the permittee. (8) All persons employed in the massage establishment must be fully clothed at all times. Clothing must be of a fully opaque, nontransparent material and provide complete covering from mid-thigh to three inches below the collar bone. (9) Each permittee must conspicuously display the current massage establishment permit in a location within the massage establishment that is visible to patrons. (10) The permittee must comply with all provisions of this section and all applicable provisions of this code.
(F) Massage Establishment – Facility and Operating Requirements. (1) Facilities.
(a) Structure. Massage must be conducted in a structure that is located in a zone district where that use is authorized.
(b) Services List. Each permittee must post and maintain in a conspicuous location within the premises, a list, in English, of services available and the cost of those services. No permittee, or responsible managing officer, may permit, and no massage technician may offer or perform, any services other than those posted.
(c) Lighting. Each permittee must provide in each room where massage is conducted sufficient lighting and ventilation that complies with the Uniform Building Code. The lighting in each massage room must be provided by at least one 60-watt white light bulb and must be activated at all times while a patron is in that room or enclosure. No strobe flashing lights may be used.
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No colored lights may be used nor may any coverings be used which change the color of the primary light source.
(d) Bath Facilities. A minimum of one toilet and one separate wash basin must be provided for patrons in each massage establishment. The basin must provide soap or detergent and hot running water at all times and must be located within close proximity to the area devoted to the conduct of massage services. A permanently installed soap dispenser, filled with soap, and a single-service towel dispenser must be provided at the restroom hand wash sink. In addition, a separate wash basin must be provided for the use of employees. No bar soap may be used. A trash receptacle must be provided in each toilet room. Showers may be provided at the permittee’s option.
(e) Linen Storage. Closed cabinets must be provided and used for storage of clean linens, and approved receptacles must be provided for the deposit of soiled linen. All cabinets and receptacles must be clearly labeled. (f) Separate Rooms. If male and female patrons are to be treated simultaneously at the same massage establishment, then separate massage rooms must be provided for male and female patrons. (g) Maintenance. All facilities of the massage establishment must be in good repair and must be thoroughly cleaned and sanitized each day that the business is in operation. The surfaces of all walls, floors, and ceilings of each restroom and shower area, if provided, must be made smooth so as to be easily cleaned. No carpeting may be installed in any of these areas. (h) Massage Table. A massage table must be provided in each massage room dedicated for massage services and the massage must be performed on the massage table.
The tables must be a minimum height of 18 inches. Two-inch-thick foam pads, with a maximum width of four feet, may be used on a massage table and must be covered with durable, washable plastic or other waterproof material. Beds, floor mattresses, and waterbeds may not be used in the administration of a massage.
(2) Operating Requirements.
(a) Same Use. No massage establishment may operate as a school of massage, or use the same facilities that are used by a school of massage. (b) Equipment. Each permittee must provide and maintain adequate equipment for disinfecting and sterilizing any instruments used in massage.
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one patron unless they have been sterilized using approved sterilizing methods.
(c) Inspections. The permittee must consent to the inspection of the massage establishment by the City’s Division of Building and Safety, Code Enforcement Department, Fire Department, Sheriff’s Department, and the County Health Department for the purpose of determining that the provisions of this section, and all other applicable laws or regulations, are met. Routine inspections may not exceed more than two each year, unless violations are found or complaints are received. During the inspection, verification of the identity of all on-duty massage technicians may occur.
Inspections of the massage establishment may be conducted at any time the business is in operation or at any other time that employees are on the premises.
(d) Linen. Common use of towels or linen may not be permitted. Towels and linen must be laundered or changed promptly after each use. Separate enclosed cabinets with doors or covers must be provided for the storage of clean and soiled linen and must be plainly marked “Clean Linen” and “Soiled Linen.”
(e) Living Quarters Prohibited. No person may be permitted to reside within any massage establishment at any time. No kitchen facilities may be provided within any massage establishment, and no food of any kind may be prepared for sale or sold in the massage establishment. The sale of prepackaged herbs and lotions is permitted; provided, that no more than 10 percent of the floor area is dedicated for that use.
(f) Alcoholic Beverages/Drugs. No person may enter, or remain in, any part of a massage establishment while in possession of, consuming, using, or under the influence of, any alcoholic beverage or controlled substance. The permittee and manager are responsible to ensure that no such person enters or remains upon the premises of the massage establishment.
Service or possession of alcoholic beverages by the establishment or any other person on the premises of the establishment, including the area beyond the reception area, is prohibited.
(g) Recordings. No electrical, mechanical, or other device may be used by the permittee or any employee of a massage establishment for audio or video recording, or for monitoring the conduct of a massage or any conversation or other sounds in the massage rooms.
(h) Employee Records. The permittee or manager of the massage establishment must keep a complete and current list of the names and residence addresses of all massage technicians and employees of the massage establishment, and the name and residence addresses of the manager or managing employee who is designated to be primarily in charge Ordinance No. 1612
of the operation of the massage establishment. This roster must be kept on the premises for immediate inspection by officials charged with enforcement of this section.
(i) Coverings. Each massage establishment must provide to all patrons clean, sanitary, and opaque nontransparent coverings capable of covering the patron’s specified anatomical areas, including the genital area, anus and female breasts. No common use of these coverings is permitted, and reuse of these coverings is prohibited unless properly cleaned. (j) Client Records. Every massage establishment must require all patrons to print and sign a register book in a legible manner. Records must be kept of the dates and hours of each massage treatment or service, the name and address of the patron, the name of the massage technician administering that service, and a description of the massage treatment or service rendered. A short medical history form must be completed by the permittee to determine whether the patron has any physical condition which may be adversely affected by the massage. These records must be prepared prior to administering any massage or treatment and must be retained on the premises for a period of 24 months after the treatment or service. These records must be open to immediate inspection only by officials charged with enforcement of this section and for no other purpose. Any unauthorized disclosure or use of that information by any officer or employee of the City constitutes a misdemeanor.
(k) Hours of Operation. No person may operate a massage establishment or administer a massage in any massage establishment, or as an accessory use, between the hours of 10:00 p.m. and 7:00 a.m. A massage that is commenced anytime before 10:00 p.m. must nevertheless terminate at 10:00 p.m. All customers, patrons, and visitors must be excluded from the massage establishment or the massage area between 10:00 p.m. and 7:00 a.m.
(l) Advertising. No massage establishment or other business that is issued a permit under this section may place, publish, distribute, or cause to be placed, published or distributed, any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective clients or customers that any service is available other than those services described in this section, nor may any massage establishment employ language in the text of that advertising that would reasonably suggest to a prospective patron that any service is available other than those services authorized by this section.
(m) Persons with Disabilities. All massage establishments must comply with all state and federal laws and regulations relating to persons with disabilities.
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(n) Doors. All front, reception, hallway, or front exterior doors (except back or rear exterior doors used for employee entrance to and exit from the massage establishment) must remain unlocked during business hours. No massage may be given within any cubicle, room, booth, or any other area within a massage establishment that is fitted with a door capable of being locked, unless the only door is an exterior door.
(o) Tinted or “One-Way” Glass. No massage establishment may be equipped with tinted or “one-way” glass in any room, office or store front window.
(3) Exception. The provisions of this subsection, facility and operating requirements for a massage establishment, are not applicable to and may not be construed as applying to massage establishments or businesses that are sole proprietorships or to massage establishments or businesses that employ or use only persons certified to provide massage services pursuant to Division 2, Chapter 10.5, Section 4600 et seq. of the Business and Professions Code and who are practicing massage consistent with the requirements therein.
(G) Change of Management or Ownership.
(1) Every permittee of a massage establishment must immediately report to the Director any change of ownership or management of the massage establishment, including, but not limited to, the change of manager or other person primarily in charge, a change in the mailing address of the owner, permittee, manager or other person primarily in charge, a change in stockholders holding more than five percent of the stock of the corporation, changes in officers, directors or partners, changes in the mailing address of the officers, directors or partners, any change of name, style, or designation under which the business is to be conducted, and all changes of address or telephone numbers of the massage establishment. A change in the location of any premises will require a new application for a massage establishment.
(2) No massage establishment permit may be sold, transferred, or assigned by a permittee, or by operation of law, to any other person or persons. Any such sale, transfer, or assignment, or attempted sale, transfer, or assignment, will be deemed to constitute a voluntary surrender of that permit, and that permit will thereafter be null and void; provided, however, that if the permittee is a partnership, and one or more of the partners dies, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of the permit, and, in such case, upon notification to the Director, the permit will be placed in the name of the surviving partners. A massage establishment permit issued to a corporation will be terminated when either: (i) any outstanding stock of the corporation is sold, transferred, or assigned after the issuance of a permit; or (ii) any stock authorized but not issued at the time of the granting of the permit is thereafter issued, sold, Ordinance No. 1612
transferred, or assigned. No massage technician permit may be sold, transferred, or assigned by a permittee, or by operation of law, to any other person or persons. (H) Permit Application – Massage Technicians. No person may perform or administer a massage, or advertise to provide massage services in the City, without first obtaining a permit issued by the City pursuant to the provisions set forth below. A permit is valid as provided for in PMC 5.04.230, unless earlier revoked or suspended. The required permit is in addition to any business license required by this code. In addition to the information required by PMC 5.04.140, an application for a massage technician permit must include the following information, as applicable:
(1) The primary business location at which the applicant will be working as a massage technician, including the full name of the business, street address, and all telephone numbers associated with that business location. If the massage technician will be providing massage at more than one location, the primary business location must be identified as well as all other locations, including the names, addresses, and telephone numbers of those other locations;
(2) The full true name and any other name used by the applicant; (3) The present address and telephone number, and all previous addresses of the applicant for the last 10 years immediately prior to the date of application; (4) Written proof of the applicant’s age, height, weight, sex, color of eyes and hair, and date of birth;
(5) Two identification photographs at least two inches by two inches taken in the last six months, and the applicant’s fingerprints;
(6) The employment history or experience of the applicant in the massage or similar business for the last 10 years immediately preceding the date of application, including, but not limited to, the massage or similar business history and experience in this City or any other city or state;
(7) Whether the applicant has had any other permit or license as a massage technician issued by an agency, board, city, county, territory, or state; the date of issuance of that permit or license, and whether the permit or license was denied, revoked or suspended, and the reason therefor. That information must include the business activity or occupation engaged in by the applicant subsequent to any suspension or revocation; (8) All criminal convictions, including ordinance violations and pleas of nolo contendere, within the last 10 years, including those dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding for traffic violations, and a statement as to the date and place of each such conviction and reasons therefor; Ordinance No. 1612
(9) Documentation of the applicant’s experience as a practicing massage technician, as applicable;
(10) Proof of matriculation from a “recognized school of massage,” as defined in subsection (A) of this section;
(11) Proof of membership in a “qualified massage association,” as defined in subsection (A) of this section;
(12) Authorization for the City, its agents and employees, to seek verification of all information contained in the application;
(13) Such other information as may be deemed necessary by the Director or the Sheriff’s Department;
(14) A statement in writing, signed and dated by the applicant, declaring under penalty of perjury that all information contained in the application is true and correct and that all provisions of this section will be adhered to. (I) Massage Technician – Permit Issuance and Denial. Upon receipt of a written application, the Director will have 60 days to conduct an investigation to ascertain whether the permit should be issued. The Director must forward a recommendation to the City Council, which has the authority to issue the permit unless it makes any of the following findings:
(1) The applicant has, within 10 years preceding the date of the application, been convicted of any of the following:
(a) A violation of California Penal Code Section 266(h), 266(i), 314, 315, 316, 318, or subsection (a) or (b) of Penal Code Section 647, or any other provisions of law that require a person to register under the provisions of Penal Code Section 290, or where the prosecution accepted a plea of guilty or nolo contendere to a charge violating Penal Code Section 415, or any lesser included offense, in satisfaction of or as a substitute for any of the previously listed crimes,
(b) A violation of Health and Safety Code Section 11550, or any offense involving the illegal sale, distribution, or possession of a controlled substance specified in Health and Safety Code Section 11054, 11055, 11056, 11057 or 11058,
(c) Conviction for an offense in any other state, which offense is the equivalent of any of the above referenced offenses;
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(2) The applicant has been convicted of an act involving dishonesty, fraud, deceit, or moral turpitude, or an act of violence, which act or acts are related to the qualifications, functions or duties of a massage technician;
(3) The applicant has had a massage operator or massage technician permit or other similar license or permit denied or revoked for cause by a licensing authority or by any city, county, or state within 10 years prior to the date of application; (4) The applicant has made false, misleading or fraudulent statement(s) or omission(s) of fact to the City in the permit application process; (5) The application does not contain all of the information required by subsection (H) of this section;
(6) The applicant has not satisfied the requirements of this section within the time specified.
If the application is denied for failure to comply with subsection (I)(4) or (5) of this section, the applicant may not reapply for a period of 12 months from the date the application was denied.
(J) Massage Technicians – General Provisions. All massage technicians must comply with the following conditions and any other conditions specified by the City Council in connection with the issuance of a permit:
(1) No massage technician may massage the genital or anal area of any patron, or the breasts of any female patron. No massage technician, while performing any task or service associated with the massage business, may be present in any room with another person unless that person’s genitals, anus, or, in the case of a female, her breasts, are completely covered by a fully opaque nontransparent material. (2) The massage technician must wear a photo identification card issued by the City at all times when acting as a massage technician in the massage establishment or other approved place of business. The identification card must be worn on the outer clothing with the photo side facing out. If a massage technician changes his or her business address, he or she must, prior to that change, obtain from the Director a new photo identification card and advise the Director in writing of the new business address. (3) Massage technicians may not perform any massage at any location other than the location specified in the permit.
(4) While on duty, the massage technician may not use any name other than that specified on the photo identification card.
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(5) Massage technicians must be fully clothed at all times. Clothing must be of a fully opaque, nontransparent material and provide complete covering from mid-thigh to three inches below the collar bone.
(6) The massage technician shall consent to the inspection of the massage establishment and occupied massage rooms by the City’s Division of Building and Safety and Code Enforcement Department, Fire Department, Sheriff’s Department and the Health Department for the purpose of determining that the provisions of this article and other applicable laws or regulations are met.
(7) The massage technician must consent to the inspection of the occupied massage room or areas by the City’s Division of Building and Safety, Code Enforcement Department, Fire Department, Sheriff’s Department, and the Health Department for the purposes of determining that the provisions of this section and other applicable laws or regulations are met.
(8) No massage technician permit may be sold, transferred, or assigned by a permittee, or by operation of law, to any other person or persons. (9) The massage technician must comply with all provisions of this section and any applicable provisions of this code.
(K) Corporate Massage Businesses.
(1) Any person desiring to perform corporate massage, as defined in subsection (A) of this section, must first be conducting business at a fixed location that has a massage establishment permit or that is authorized to provide massage as an accessory use.
(2) Corporate massage may be performed only by a person who possesses a valid massage technician permit issued by the City.
(3) The massage technician or massage establishment offering corporate massage must have a signed contract for service at each location where the service is to be provided, and copies of all contracts must be provided to the City for review upon submittal of the business permit application. The contract must specify the location, days and times the service is to be offered.
(4) Corporate massage must be conducted at a commercial or industrial place of business and must be administered only to the employees of that business. (5) Corporate massage must be provided only in a public area, to which all employees are provided free access.
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(6) Corporate massage must be offered at a specified time and day at each location and may not be offered at any other time. In no event may corporate massage be permitted or offered between the hours of 9:00 p.m. and 7:00 a.m. (L) Fees.
(1) The City Council will establish by resolution, and may from time to time amend, the fees for the administration of this section. Fees required by that resolution are in addition to any other fees required under other sections of this code. (M) Existing Permits/Compliance.
(1) Commencing on the effective date of the ordinance amending this section, permits will be issued in accordance with the provisions of this section. (2) All persons holding existing massage establishment permits or massage technician permits will have one year from the effective date of the ordinance amending this section to comply with all requirements of this section. (N) Duration of Permits.
(1) Permits for massage establishments and massage technicians will be renewed to coincide with the duration of permits issued as provided for in PMC 5.04.230; provided, that the applicant continues to meet the requirements of this section. (2) A renewal application for an existing permit must be filed with the Director before the expiration date of the existing permit. Temporary permits will not be issued, and renewal applications must be filed no later than 60 days prior to the expiration of the permit to prevent a lapse of the permit.
(3) Renewal applications will require such information as may be required by the Director to update the information contained in the original permit application and to conduct an investigation to ascertain whether a renewal should be issued. The Director must forward a recommendation to the City Council, which has the authority to renew a permit, as provided for in subsections (D) and (I) of this section. The appropriate filing fee must accompany the application for renewal.
(O) Suspension, Revocation and Nonrenewal.
(1) Revocation, Suspension and Nonrenewal of an Operator’s Permit. (a) The City Council may suspend a massage establishment permit for a period of 30 days for each violation of the provisions of subsection (E) (massage establishments – general provisions) or (F) (massage establishment – facility and operating requirements) of this section or on the grounds that the applicant or permittee has failed to comply with any of the permit conditions or other requirements of this section as determined by the Ordinance No. 1612
Director and recommended to the City Council by the Director. If a suspended permit lapses during the suspension period, a new application must be filed at the end of the suspension period.
(b) The City Council may revoke or refuse to renew a massage establishment permit under the following circumstances: (i) facts exist that would support findings for denial of a permit under any provision of subsection (D) of this section; or (ii) there is a subsequent violation of any provision of subsection (E) or (F) of this section within one year following suspension of the permit under subsection (O)(1)(a) of this section; or (iii) the permittee has demonstrated its inability to operate or manage the massage establishment in a lawful manner, thereby necessitating one or more responses by Law Enforcement Officers.
(c) The Director must notify the applicant, permittee, or manager in writing, delivered either by personal service or by certified mail, addressed to the business or residence address of the applicant, permittee, or manager with a notice of intent to suspend, revoke or refuse to renew a permit. This notice must state the reasons for the recommendation and date the City Council will consider the recommendation.
(2) Revocation, Suspension and Nonrenewal of a Massage Technician’s Permit. (a) The City Council may suspend a massage technician permit for a period of 30 days for each violation of the provisions of subsection (J) (massage technician – general provisions) of this section or on the grounds that the applicant or permittee has failed to comply with any of the permit conditions or other requirements of this section as determined by the Director and recommended to the City Council by the Director if a suspended permit lapses during the suspension period, a new application must be filed at the end of the suspension period.
(b) The City Council may revoke or refuse to renew a massage technician permit under the following circumstances: (i) facts exist that would support findings for denial of a permit under any provision of subsection (I) of this section; or (ii) there is a subsequent violation of any provision of subsection (J) of this section within one year following suspension of the permit under subsection (O)(2)(a) of this section; or (iii) the permittee has demonstrated its inability to conduct massage services within a massage establishment in a lawful manner, thereby necessitating one or more responses by Law Enforcement Officers.
(c) The Director must notify the applicant or permittee in writing, delivered either by personal service or by certified mail, addressed to the business or residence address of the applicant or permittee, with a notice of intent to suspend, revoke or refuse to renew a permit. This notice must state the Ordinance No. 1612
reasons for the recommendation and date the City Council will consider the recommendation.
(3) Notice.
(a) If the City Council determines that grounds exist for the suspension, revocation, or nonrenewal of a permit, the Director must serve the applicant, permittee, or manager in writing, delivered either by personal service or by certified mail, addressed to the business or residence address of the applicant, permittee or manager, with a notice of denial or notice of suspension, revocation or refusal to renew permit. This notice must state the reasons for the action and the effective date of the decision. (4) Violation and Penalty.
(a) Every person, who is subject to this section, and who violates any of the provisions of this section by administering a massage, or by operating a massage establishment, or by advertising the availability of massage, without first obtaining a permit and a business license from the City to do so, or who violates any other provisions of this section is guilty of a misdemeanor.
(b) Any massage establishment that is operated, conducted, or maintained contrary to the provisions of this section may be declared to be unlawful and a public nuisance, and the City, in addition to or in lieu of prosecuting a criminal action, may commence an action or proceeding to abate that public nuisance in the manner provided by law, and to restrain and enjoin any person from operating, conducting, or maintaining a massage establishment contrary to the provisions of this code.
SECTION 46: Section 5.04.450 is hereby added to Title 5 of the Palmdale Municipal Code and is to read in its entirety as follows:
5.04.450 Pawnbrokers and secondhand dealers.
(A) Definitions. For purposes of this section, the following terms shall have the following meanings:
(1) “Builders’ tools” means all tools customarily used in the construction, alteration, or repair of buildings.
(2) “Coin dealer” means any person, firm, partnership, or corporation whose principal business is the buying, selling, and trading of coins, monetized bullion, or commercial-grade ingots of gold, or silver, or other precious metals.
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(3) “Pawnbroker” means any person engaged in the business of receiving goods, including motor vehicles, in pledge as security for a loan. (4) “Secondhand dealer” means and includes any person, copartnership, firm or corporation whose business includes buying, selling, trading, accepting for sale or consignment, accepting for auctioning or auctioning secondhand tangible personal property. A “secondhand dealer” does not include a coin dealer or participants at gun shows or events, as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, or its successor, who are not required to be licensed pursuant to Section 12071 of the Penal Code, who are acting in compliance with the requirements of Section 12070 and subdivision (d) of Section 12072 of the Penal Code, and who are not gun show traders, as described in paragraph (5) of subdivision (b) of Section 12070 of the Penal Code.
(5) “Tangible personal property” has the same meaning as set forth in Section 21627 of the Business and Professions Code of the state of California. (B) Application Information. In addition to the information required by PMC 5.04.140, every applicant for a business permit to operate as a pawnbroker or a secondhand dealer shall provide the following information, as applicable:
(1) The applicant’s age, height, weight, sex, and color of hair and eyes; (2) The applicant’s current address and prior addresses within the 12 months preceding the date of the application;
(3) Whether the applicant has ever conducted a similar business in the City or elsewhere and the name under which the applicant conducted such similar business; (4) Fingerprints and photographic identification, as defined in PMC 1.04.100; and (5) A copy of the applicant’s current secondhand dealer or pawnbroker license issued by the state of California.
(6) Security Plan Required. The applicant shall submit a security plan. The plan should detail systems that the tenant intends on installing to protect patrons, visitors, employees, and company property/assets on site. The plan shall address issues such as safes to be installed, alarm systems, deployment of any security personnel, funds- transportation measures, hours of operation, shift personnel staffing, CCTV applications, type of loss-prevention/crime-prevention training provided to employees, and any other applicable measures.
(C) Operating Requirements.
(1) Hours of Operation. No pawnbroker or secondhand dealer, nor any employee thereof, shall accept any pledge, or loan any money for personal property, or purchase Ordinance No. 1612
or receive any goods, wares or merchandise, or any article or thing, or in any manner whatsoever engage in or conduct business as a pawnbroker or secondhand dealer between the hours of 7:00 p.m. of any day and 7:00 a.m. of the following day. (2) Reporting. Every permittee under this section shall comply with Section 21628 et seq. of the Business and Professions Code or Section 21208 et seq. of the Financial Code.
(3) Any business who buys or receives as a pledge any builders’ tools, as defined by this section, shall comply with Sections 21550 et seq. of the Business and Professions Code.
(4) Disposal of Property. Every permittee under this section shall be subject to and shall comply with the requirements of state law for holding and inspection of property. (5) No transactions that require reporting under Section 21628 of the Business and Professions Code shall be engaged in with any person under 18 years of age.
SECTION 47: Section 5.04.460 is hereby added to Title 5 of the Palmdale Municipal Code and is to read in its entirety as follows:
5.04.460 Sidewalk vending.
(A) Definitions. As used in this section, the terms listed below shall have the following meaning assigned to them:
(1) “Cart” means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.
(2) “Certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter. (3) “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
(4) “Sidewalk vendor” means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path. Sidewalk vendors include roaming sidewalk vendors and stationary sidewalk vendors.
(5) “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location.
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(6) “Swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article. (7) “Vend” or “vending” means operating as a sidewalk vendor. (B) Applicability. The requirements of this chapter shall not apply to the following persons:
(1) Persons delivering goods, wares, merchandise, or food upon order of, or by agreement with, a customer from a store or other fixed place of business or distribution. (2) Persons selling goods, wares, merchandise, or food from a motorized vehicle, including food trucks and ice cream trucks.
(C) Business License and Special Business Permit Required. (1) No person shall operate as a sidewalk vendor without first obtaining, and at all times maintaining, a valid City business license in accordance with PMC 5.04.050 and related sections of Chapter 5.04 PMC, and complying with all requirements of the business license, unless such person qualifies for an exemption under Chapter 5.04 PMC.
(2) No person shall operate as a sidewalk vendor without first obtaining, and all times maintaining, a special business permit in accordance with this section and complying with all requirements of the permit.
(3) The special business permit shall be valid for one year unless revoked or suspended prior to expiration. An application to renew a special business permit under this section shall be made not less than 30 days prior to the expiration of the current permit. A valid business license shall be applied for or renewed concurrently with the special business permit each year.
(4) A separate business license and special business permit shall be required for each cart.
(D) Requirements for Permit Application. An application for a special business permit for sidewalk vending shall include all of the following, to the extent applicable:
(1) The name, address, and telephone number of the applicant and each person who will operate the cart.
(2) A photo identification of the applicant and each person who will operate the cart.
(3) A description of the cart, including the dimensions of the cart, and a photograph of the cart.
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(4) A complete list of the food or merchandise to be sold. (5) If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal. (6) The vendor’s California seller’s permit number (California Department of Tax and Fee Administration sales tax number).
(7) A City of Palmdale business license.
(8) A copy of any license or permit required from any other state or local agency that is required by law, including, but not limited to, a copy of any required permit from the county health department, if required.
(9) A certification by the applicant that to his or her knowledge and belief, the information contained in the application is true.
(E) Identification Numbers – Confidentiality. Notwithstanding any other requirement in this code, an applicant for a business license or special business permit to operate as a sidewalk vendor shall not be required to submit a social security number for the issuance of such license or permit. In lieu of an otherwise required social security number, the City shall accept a California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number along with the permit application, which must be provided at the time of application. Identification numbers submitted under this section shall not be made available to the public for inspection, shall be treated as confidential, and shall not be disclosed except as required to administer the license or permit program or to comply with a State law or State or Federal court order. (F) Operational Standards.
(1) Each cart used by a sidewalk vendor must display a valid special business permit sticker at all times, which shall be issued by the City. (2) All sidewalk vendors shall comply with the terms and conditions of the special business permit and shall not sell any food or merchandise that was not listed in the special business permit application.
(3) No stationary sidewalk vendor may operate in any residential zone; however, roaming sidewalk vendors shall not be prohibited from operating in such zones. (4) In order to preserve the peace, safety, and tranquility of residential neighborhoods, no roaming sidewalk vendor may operate in any residential zone earlier than sunrise or later than sunset.
(5) In order to prevent obstructions of the public right-of-way, the total display area footprint of the cart, including the cart itself and any accompanying display, signage, or Ordinance No. 1612
related items, shall not exceed a length of 72 inches, a width of 54 inches, or a height, including roof, awning, or canopy, of 78 inches.
(6) In order to prevent obstructions of the public right-of-way, no sidewalk vendor may set up or allow the use of an additional structure, including a table, crate, carton, or rack, to increase the selling or display capacity of the cart unless such items are explicitly allowed in the special business permit obtained by the sidewalk vendor. (7) In order to preserve sanitary conditions in all public rights-of-way, all sidewalk vendors shall provide a trash receptacle for customers and must ensure proper disposal of customer and vendor trash. The trash receptacle must be large enough to accommodate customer trash without resort to existing trash receptacles located on any block for use by the general public. A sidewalk vendor may not dispose of customer trash in existing trash receptacles on sidewalks.
(8) In order to preserve sanitary conditions in all public rights-of-way, all sidewalk vendors shall maintain a clean and trash-free area, including a sanitized and neat appearing cart, within a 10-foot radius around the vendor’s cart during hours of operation and shall ensure that such area is clean and trash-free before relocating or closing. (9) In order to prevent damage to public property and prevent obstructions of the public right-of-way, no cart may be chained or fastened to any pole, sign, tree, or other object in the public right-of-way.
(10) In order to preserve the safety of the public, and prevent misuse of carts, no cart may be left unattended at any time.
(11) In order to preserve the safety of the public, to prevent misuse of carts, and to prevent obstructions of the public right-of-way, no cart may be stored, parked, or left overnight on any public street or right-of-way, or in any public park or other public property.
(12) In order to preserve the safety of vehicular travelers, no sidewalk vendor may solicit business from or conduct business with persons in motor vehicles. (13) In order to preserve the safety of vehicular travelers and pedestrians, and to preserve public peace and welfare, no cart may be outfitted with any equipment, signage, or mechanism that endangers or detracts from the health, safety, or welfare of the public by causing an excessive distraction to motorists or interfering with nearby residences, business, or pedestrians including, but not limited to, sound amplification, flashing lights, smoke, steam, bubbles, gas-powered generators, or excessive fumes. (14) In order to preserve the safety of vehicular travelers and pedestrians, any cart operated before sunrise or after sunset, or in location with insufficient lighting, shall be equipped with sufficient lighting or reflectors to alert pedestrians and vehicular travelers to the presence of the cart.
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(15) In order to prevent obstructions of the public right-of-way, all signage related to the vending operation shall be affixed to the cart, or otherwise shall be in compliance with the zoning code.
(G) Location of Carts. In order to ensure access to public rights-of-way by pedestrians and emergency personnel, and avoid interference with vehicular traffic, certified farmers’ markets, swap meets, and City-permitted special events, sidewalk vendors shall not operate in the following areas of the public right-of-way:
(1) Any area other than a public sidewalk or pedestrian path. (2) Within 15 feet of a fire hydrant, fire call box, or other emergency facility. (3) Within 10 feet of an entrance to or emergency exit of any building or business during the hours that the building or business is open to the public. (4) Within 15 feet of the outer edge of a driveway or driveway apron. (5) Within 15 feet of a transit stop.
(6) Adjacent to any marked loading zone or bus zone.
(7) Within five feet of a curb return.
(8) Any location that would impede entering or exiting a parked vehicle. (9) Any location that impedes the flow of pedestrian traffic by reducing the clear space to less than four feet or impedes access to or the use of abutting property, including, but not limited to, residences and places of business. (10) Within 100 feet in any direction of the nearest vendor or concessionaire participating in a certified farmers’ market or swap meet during the operating hours of the certified farmers’ market or swap meet.
(11) Within 100 feet of a City-permitted special event including, but not limited to, parades, concerts, and movie filmings, unless vendor has received a permit to vend as part of the event. For moving events, vending shall be prohibited within 100 feet of any portion of the approved event route. For stationary events, vending shall be prohibited within 100 feet of the parcel boundary for the location of the event. (12) Within 200 feet of any public or private school grounds between 7:00 a.m. and 4:00 p.m. on school days, and during any other time when in use and creating high vehicular traffic, such as uses for major sporting events. (13) Upon or within any roadway, median strip, or dividing section.
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(14) Any public sidewalk location when the straight path would not allow for 48 inches, or as the law updates, of clear width walking space of any sidewalk to be in compliance with Americans with Disabilities Act (ADA) regulations. (15) Any public sidewalk where there is a 180 degree turn path for sidewalk ramps and corner curbs when the location would not allow for 42 inches approaching the turn, 48 inches at the turn, and 42 inches leaving the turn, or as the law updates, of clear width walking space of any sidewalk to be in compliance with ADA regulations. (H) Special Requirements for the Sale of Food. All sidewalk vendors that prepare or sell food must be in compliance with all county and State permitting and licensing requirements for the preparation or sale of food.
(I) Penalties. For purposes of this section, “sidewalk vending program” refers to the provisions of subsections (F) through (H) of this section and PMC 8.24.210, inclusive, and the requirement to obtain a special business permit pursuant to PMC 5.04.590(C)(2). (1) A violation of any provision in subsections (F) through (H) of this section and PMC 8.24.210, inclusive, may only be punished by the following:
(a) An administrative fine not exceeding $100.00 for a first violation. (b) An administrative fine not exceeding $200.00 for a second violation within one year of the first violation.
(c) An administrative fine not exceeding $500.00 for each additional violation within one year of the first violation.
(d) Rescission of the sidewalk vendor’s special business permit for the term of that permit upon the fourth violation or subsequent violations. (2) Vending without a special business permit may be punished by the following:
(a) An administrative fine not exceeding $250.00 for a first violation. (b) An administrative fine not exceeding $500.00 for a second violation within one year of the first violation.
(c) An administrative fine not exceeding $1,000 for each additional violation within one year of the first violation.
(3) Upon proof of a valid special business permit, an administrative fine imposed under subsection (I)(2) of this section shall be reduced to the respective administrative fine set forth in subsection (I)(1) of this section.
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(4) No other fines, fees, assessments, or financial conditions shall be imposed for violation of the sidewalk vending program other than those imposed by subsections (I)(1) and (2) of this section.
(5) Notwithstanding any other provision of this code, neither a violation of the sidewalk vending program as codified in subsections (F) through (H) of this section and PMC 8.24.210, inclusive, nor a failure to pay an administrative fine, imposed by subsection (I)(1) or (2) of this section shall be punishable as an infraction or misdemeanor. (6) Any person who receives an administrative fine under subsection (I)(1) or (2) of this section shall have the right to request an ability-to-pay determination. (a) The City shall give any such person written notice of his or her right to request an ability-to-pay determination as well as instructions and other materials for requesting an ability-to-pay determination at the time that the administrative fine citation is issued.
(b) A right-to-pay determination may be requested at any time following the issuance of the administrative fine citation until the fine is paid, including when payment of the fine is delinquent or has been referred to a collection program.
(c) Upon receipt of a request for an ability-to-pay determination, the City manager or his or her designee shall determine whether such person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code. The determination of the City Manager or his or her designee shall be final.
(d) If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code, the City shall reduce the fine to 20 percent of the amount of the fine originally imposed.
(7) The City Manager may, in his or her discretion, allow a person who receives an administrative fine under subsection (I)(1) or (2) of this section to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.
(8) Nothing in the chapter shall be construed to limit the City’s ability to enforce, or remedies for enforcing, laws of general applicability or other provisions of this code against sidewalk vendors, or to take any other enforcement actions against sidewalk vendors that are not prohibited by state or federal law, or which are allowed by this code.
SECTION 48: Section 5.04.470 is hereby added to Title 5 of the Palmdale Municipal Code and is to read in its entirety as follows:
Ordinance No. 1612
5.04.470 Mobile vending.
(A) Purpose and Intent. It is the City’s responsibility to promote the health, peace, safety, welfare and convenience of all persons in regards to their use and enjoyment of public lands. The City Council finds it necessary to regulate mobile vending for this purpose while ensuring that all such regulations comport with applicable law.
Reasonable regulations are necessary to ensure that mobile vending is operated in accordance with health, safety and traffic laws of the State and the parking ordinances of the City; do not cause public safety problems by contributing to traffic congestion or by creating pedestrian and vehicular conflicts; and do not disturb the quiet use and peaceful enjoyment of residential neighborhoods. The regulations in this section are enacted to ensure consistency with State law, including Section 22455 of the California Vehicle Code related to ice cream truck vending and California Health and Safety Code Section 114315 et seq. (the “California Retail Food Code”) for food handling, as each may be amended. (B) Definitions. As used in this section, the terms listed below shall have the following meaning assigned to them:
(1) “Food establishment” means any restaurant or grocery store with a permanent storefront location.
(2) “Goods or merchandise” means and includes items and tangible things and products of every kind and description, including any food, produce, and/or beverage items.
(3) “Human powered device” means any device moved by human power, including, but not limited to, any pushcart, wagon, bicycle, tricycle, or other wheeled device or conveyance.
(4) “Ice cream truck” means any motor vehicle requiring license from the California Department of Motor Vehicles which is used to vend at retail:
(a) Prepackaged frozen dairy or water-based food products; or (b) Soft-serve or hand-dipped frozen dairy or water-based products; irrespective of whether or not the ice cream truck carries other prepackaged food products.
(5) “Mobile food truck” means a motorized vehicle or mobile food unit that should be licensed by the California Department of Motor Vehicles (whether licensed or not), designed and equipped to prepare, or serve, and sell food, and temporarily stored in a location where food items are sold to the general public. (6) “Pedestrian solicitor” means a person vending goods or merchandise from their person without the use of a vehicle.
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(7) “Person” means any natural person, firm, partnership, association, corporation, or other entity of any kind or nature.
(8) “Public property” means any real property, or interest therein, owned, leased, operated, or otherwise controlled by the City other than a street, alley, parkway, or sidewalk.
(9) “Vehicle” means a motorized vehicle or mobile food unit that should be licensed by the California Department of Motor Vehicles (whether licensed or not), designed and equipped to prepare, or serve, and sell food, and temporarily stored in a location where food items are sold to the general public as well as any trailer or other similar apparatus that can be attached to a motorized vehicle whether attached at the time of vending or not, and shall not include any human powered device and shall include an ice cream truck and mobile food truck.
(10) “Vehicle operator” means any person or entity owning a 10 percent or greater interest in, or operating or otherwise controlling, any business involving the vending of goods or merchandise from a vehicle.
(11) “Vend” or “vending” means the sale or offering for sale of any goods or merchandise to the public by a vehicle operator or pedestrian solicitor on a public street, private street open to the public, or other public property. (12) “Vendor” means any pedestrian solicitor or any vehicle operator, and/or any employee, independent contractor, or other person acting on behalf of or for the benefit of a pedestrian solicitor or vehicle operator, who engages in the act of vending. (C) Applicability. This section is intended to apply to all vending at any locations within the City. However, it does not apply in the following circumstances:
(1) Sidewalk vending described in PMC 5.04.460 if all legal requirements therein are met.
(2) Contractual or other private arrangement between a vendor and an individual or entity that wishes to have food catered to a specific location on private land and which is not open to the public, subject to the following: the vendor shall possess and at all times display in conspicuous view upon their vehicle, in connection with a vehicle operator, or upon their person, in connection with a pedestrian solicitor, a copy of the contractual document or other private arrangement detailing the terms of the agreement along with the name and contact information of the individual or entity that agreed to have food catered on private lands.
(3) Any person delivering any goods or merchandise by vehicle where such goods or merchandise have been ordered in advance for such delivery from any business located at a permanent location.
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(4) Any person vending where such person has been authorized to engage in such activity by a permit, lease, real property license, agreement, or other entitlement issued by the City, State or Federal government for such purpose. (5) Any person exempted from the provisions of this chapter by any local, State or Federal law, regulation or statute.
(D) Vehicle Operator and Pedestrian Solicitor Permits. Any person desiring to obtain a vehicle operator’s permit to conduct or otherwise operate the business of vending goods or merchandise from a vehicle pursuant to this chapter shall file an application with the Business License Division of the Finance Department. Such application shall be accompanied by a nonrefundable application fee in such amount as established by resolution of the City Council. Any such permit shall be valid for one year from date of issuance. The permit may be renewed annually, subject to filing of a new application and payment of a new application fee.
(1) Vehicle Operator. Each permit applicant for a vehicle operator permit shall furnish the following information and documentation in the application:
(a) The street address where the office of the business is or will be located; (b) The full, true name under which the business will be conducted; (c) The full, true name and any other names used by the applicant along with a copy of a corresponding California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number. Identification numbers submitted under this section shall not be made available to the public for inspection, shall be treated as confidential, and shall not be disclosed except as required to administer the permit program or to comply with a State law or State or Federal court order; (d) The present residence and business addresses and telephone numbers of the applicant, each 10 percent or greater owner of the business, and all persons who will act as a vendor for the applicant, whether as an employee, contractor, or otherwise;
(e) A detailed description of the goods or merchandise which the applicant will vend;
(f) The make, body style, year, VIN number, State license plate number, names and addresses of each registered and legal owner of each vehicle and a copy of a valid vehicle registration for the subject vehicles; (g) A description of the logo, color scheme, insignia, and any other distinguishing characteristics identifying applicant’s business that will appear on each vehicle;
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(h) The name, residential address, and telephone number of the applicant and individuals primarily responsible for managing the day-to-day operation of the vending business and/or performing any vending on behalf of the operator along with an email and cellular number for such individuals; (i) Evidence of compliance with the insurance requirements of the Vehicle Code as to each vehicle; and
(j) The details of any known contractual or other private arrangement between a mobile food truck and an individual or entity that wishes to have food catered to a specific location on private land and which is open to the public. If this section is applicable, the permit application shall include the name and contact information of the individual or entity that wishes to have food catered on private lands as well as a copy of the contractual document or other private arrangement detailing the terms of the agreement. (2) Pedestrian Solicitor. Each permit applicant for a pedestrian solicitor permit shall furnish the following information and documentation in the application:
(a) The street address where the office of the business is or will be located; (b) The full, true name under which the business will be conducted; (c) The full, true name and any other names used by the applicant along with a copy of a corresponding California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number. Identification numbers submitted under this section shall not be made available to the public for inspection, shall be treated as confidential, and shall not be disclosed except as required to administer the permit program or to comply with a State law or State or Federal court order; (d) The present residence and business addresses and telephone numbers of the applicant, each 10 percent or greater owner of the business, and all persons who will act as a vendor for the applicant, whether as an employee, contractor, or otherwise;
(e) A detailed description of the goods, merchandise, or services which the applicant will vend;
(f) The name, residential address, and telephone number of the applicant and individuals primarily responsible for managing the day-to-day operation of the vending business and/or performing any vending on behalf of the pedestrian solicitor along with an email and cellular number for such individuals; and
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(g) The details of any known contractual or other private arrangement between a pedestrian solicitor and an individual or entity that wishes to have food catered to a specific location on private land and which is open to the public. If this section is applicable, the permit application shall include the name and contact information of the individual or entity that wishes to have food catered on private lands as well as a copy of the contractual document or other private arrangement detailing the terms of the agreement. (3) The Business License Division shall be authorized to investigate the truth of the facts set forth in the application. Each application shall be approved or denied within a reasonable amount of time.
(4) Permit Denial. Any permit applied for under the provisions of this chapter may be denied for any of the following causes:
(a) One of the departments or officers performing a review of the permit renewal application has recommended denial of, or the imposition of additional conditions upon, such permit.
(b) If the City finds that the applicant knowingly made any false, misleading or fraudulent statements of material fact in the application for the permit. (c) The applicant has been convicted of any violation of this code, any code adopted and incorporated by the City into this code, the California Penal Code, the Health and Safety Code, the Business and Professions Code, or any other State or Federal law.
(d) Failure to comply with the requirements of this section or other provisions of the code by the applicant and/or the vehicle operator or pedestrian solicitor in connection with any property, business, or other dealing with the City.
(e) Fees, fines, or other penalties owing the City that are due and payable by the applicant and/or the vehicle operator or pedestrian solicitor in connection with any property, business, or other dealing with the City. (5) Appeal Procedure. Written notice of denial, setting forth the grounds for denial, shall be served on the applicant. Any person aggrieved by a denial of a permit pursuant to this section may appeal such denial to the City Manager or designee pursuant to the procedures set forth in PMC 5.04.280, et. sequentes. To seek an appeal, said person must submit a written request for an administrative hearing with a statement of why the denial did not merit any of the grounds for denial under subsection (D)(4) of this section to the City Clerk within 10 days after service of notice of the City Manager’s or designee’s decision. Upon receipt of a timely appeal, the aggrieved party shall be given notice of a hearing and a hearing shall be held pursuant to PMC 5.04.280, et. sequentes.
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(6) Each permittee shall notify the Business License Division, in writing, within 10 business days of any change in the required application information under subsections (D)(1) and (D)(2) of this section.
(E) Suspension and Revocation of Permit.
(1) Any vehicle operator’s permit or pedestrian solicitor’s permit may be temporarily suspended or revoked by the Business License Division for any of the following reasons:
(a) Provision of false information on the permit application. (b) Failure of the permittee to notify the Business License Division within 10 business days of any change in the information supplied by the permittee upon which issuance of the permit was based, occurring subsequent to the issuance of the permit.
(c) There is substantial evidence of a violation by the permittee, any employee, subcontractor of the permittee, or any other person acting on the permittee’s behalf, of this chapter or any other local, State, or Federal law constituting a misdemeanor or felony while in the course of conducting vending operations pursuant to the permit.
(d) While in the course of vending, driving of a vehicle by a vendor not possessing a valid driver’s license, or operation of a vehicle found by police inspection to be unsafe and in violation of the Vehicle Code. (e) The permittee no longer operates in accordance with the information and documentation supplied in connection with the vehicle operator permit application set forth in subsection (D)(1) of this section. (f) The permittee no longer operates in accordance with the information and documentation supplied in connection with the pedestrian solicitor permit application set forth in subsection (D)(2) of this section. (g) The permittee has been convicted of any violation of this code, any code adopted and incorporated by the City into this code, the California Penal Code, the Health and Safety Code, the Business and Professions Code, or any other State law.
(h) Fees, fines, or other penalties owing the City that are due and payable by the applicant and/or the vehicle operator or pedestrian solicitor in connection with any property, business, or other dealing with the City. (2) Appeal Procedure. Written notice of suspension or revocation, setting forth the grounds for suspension or revocation, shall be served on the offending permittee. The notice shall advise the permittee of the right to file a written appeal. Any person aggrieved Ordinance No. 1612
by a suspension or revocation of a permit pursuant to this section may appeal such denial to the City manager or designee pursuant to the procedures set forth in PMC 5.04.280, et. sequentes. To seek an appeal, said person must submit a written request for an administrative hearing with a statement of why the suspension or revocation did not merit any of the grounds for suspension or revocation under subsection (E)(1) of this section to the City Clerk within 10 days after service of notice of the City Manager’s or designee’s decision. Upon receipt of a timely appeal, the aggrieved party shall be given notice of a hearing and a hearing shall be held pursuant to PMC 5.04.280, et. sequentes. (3) No person whose permit is revoked shall be eligible to apply for a new permit for a period of one year following such revocation.
(4) Notices required or permitted to be served pursuant to this section may be served personally, or by mailing by certified or registered mail with proof of delivery at the residential address of record, or by licensed courier or delivery service with proof of personal delivery, or in any other manner provided by law. (F) Conditions and Prohibitions. It is unlawful for any pedestrian solicitor or vehicle operator to sell or offer for sale any goods, merchandise, or services upon any public street or private street open to the public, except in accordance with all applicable provisions of this code, all State and Federal laws and regulations, the terms of their City- issued permit, and in compliance with each of the following requirements:
(1) Information Made Available to the Public and City.
(a) Each vendor shall possess and at all times display in conspicuous view upon their person or upon each vehicle, as the case may be, the actual business name and telephone number, and a City business certificate issued pursuant to this title.
(b) Each vendor shall possess and display, upon request by any potential customer or City representative, a vehicle operator’s permit or pedestrian solicitor’s permit issued pursuant to this chapter, or a full, true and correct copy thereof.
(c) Each vendor causing the sale of or offering for sale any produce or other food item for which a food handling permit or other health permit from the county health department required by law shall possess and present such required permits. Vendors must at all times display such required permits in conspicuous view upon such vehicle or have on their immediate person ready to present at all times.
(d) Each vendor who enters into a contractual or other private arrangement with an individual or entity that agrees to have food catered to a specific location on private land and which is open to the public shall possess and at all times display in conspicuous view upon their person or vehicle a copy Ordinance No. 1612
of the contractual document or other private arrangement detailing the terms of the agreement along with the name and contact information of the individual or entity that agreed to have food catered on private lands. (e) Each vendor shall possess and wear upon their person a City-issued badge, issued in connection with this chapter.
(2) Location.
(a) Vending is permitted only on public streets or private streets open to the public, and is not permitted in or upon any alley, parkway, sidewalk, or other kind of public property. Further, vending with a vehicle is not permitted in residential zones unless said vending is approved by the City in such zone in connection with a validly issued special event permit or temporary use permit, pursuant to PMC 17.27.030, prior to engaging in any residential vending.
(b) No vending shall be permitted within 50 feet of any intersection of two or more streets or any location that may impede a sidewalk or pedestrian traffic.
(c) No vending shall be permitted within 1,000 feet of the front entrance of any public or private elementary, junior high, or high school. (d) No vending shall be permitted within 1,000 feet of the front entrance of any food establishment.
(e) No vending shall be permitted on City streets with a speed limit at or above 45 miles per hour.
(f) No vending shall be permitted at any public park unless the vending occurs as part of a City-sponsored function and the vendor has applied for and received a written endorsement on the operator permit expressly authorizing such vending.
(g) No vehicle shall be parked, stopped, or left standing in any manner which blocks or impedes vehicular access to any driveway or restricts the free movement of other vehicles upon the public street. (h) No vending shall be permitted until the vehicle has been brought to a complete stop and lawfully parked adjacent to the curb. (i) No vendor shall operate in any manner which blocks or impedes vehicular access to any driveway or restricts the free movement of other vehicles upon the public street.
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(j) Vehicle vending shall be only by means of a vehicle duly registered and licensed by the State with an unladen weight of less than 6,000 pounds. (k) All vending must ensure the safe and proper disposals of fats, oils, and greases (“FOGs”) and be in compliance with applicable disposal regulations, including Los Angeles County Code (LACC), Title 20, Division 2, other laws, regulations, and ordinances concerning proper disposal of FOGs and other industrial wastes and health and safety State, local, and Federal laws.
(3) Sanitation and Trash.
(a) Each vehicle shall be equipped with a trash receptacle of a size adequate to accommodate all trash and refuse generated by vending therefrom.
(b) Each vendor shall pick up and deposit in the trash receptacle on the vehicle all paper, cups, wrapper, litter, or other refuse of any kind that was a part of the goods or merchandise supplied from the vehicle and which has been left or abandoned within 50 feet of such vehicle on any public property, other than in a trash receptacle provided for such purposes. No person shall dispose of any trash or refuse from vending operations in any such public or private trash receptacle other than a trash receptacle owned, operated, or otherwise provided by and under the control of the vendor or operator. (c) Each pedestrian solicitor shall operate within 100 feet of a trash receptacle.
(4) Operation – Hours, Amplified Sounds, Equipment, Prohibited Sales. (a) Vending is permitted only between sunrise and sunset in residential zones.
(b) Any use of amplified sound-making devices, to advertise, draw attention to, or announce the presence of a vendor, shall also comply with all applicable noise and sound regulations effective within the City. (c) No vending under this section may utilize chairs, tables, or other equipment unless City approval is given through an issued permit under this section.
(d) It is unlawful for any vendor to sell any item or thing which is otherwise prohibited from being sold within the City, including, but not limited to, any goods or products not identified in the application for a vehicle operator’s permit or pedestrian solicitor’s permit.
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(5) Additional Regulations on Ice Cream Truck Vending.
(a) Safety and Sanitation.
(i) Each vendor shall ensure that the standard warning flashers shall be in operation immediately upon the vehicle stopping to vend and cease operation as the vehicle begins to move after vending. (ii) Each vendor shall have signs painted or mounted on the front and back of each vehicle using black four-inch-tall letters on a yellow background with a black one-inch border around each sign. The sign on the front and back of each vehicle shall read “CHILDREN CROSSING” and be eight inches high by 48 inches wide. An additional sign or signs shall be painted or mounted on the rear of each vehicle above the first sign and shall read “WARNING” in English, Spanish, and Vietnamese, using the same size letter and paint requirements.
(iii) Each ice cream truck vendor shall pick up and deposit in the trash receptacle on the ice cream truck all paper, cups, wrapper, litter, or other refuse of any kind that was a part of the goods or merchandise supplied from the vehicle and which has been left or abandoned within 50 feet of such vehicle on any public property, other than in a trash receptacle provided for such purposes. No person shall dispose of any trash or refuse from vending operations in any such public or private trash receptacle other than a trash receptacle owned, operated, or otherwise provided by and under the control of the vendor or operator.
(iv) Each vendor shall have any other safety equipment and follow any other requirements mandated by the California Vehicle Code. (b) Operation – Hours, Amplified Sounds, Location, Required Sales. (i) Hours. Ice cream truck vending is permitted only between sunrise and sunset.
(ii) Amplified Sound Use by Ice Cream Truck Vendors. Any use of amplified sound-making devices, to advertise, draw attention to, or announce the presence of such vendor, shall also comply with all applicable noise and sound regulations effective within the City in addition to the following:
A. No person shall use, play or employ any sound, outcry, amplifier, loudspeaker, or any other instrument or device for the production of sound from an ice cream truck when the ice cream truck is stationary.
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B. No person shall use, play or employ any sound, outcry, amplifier, loudspeaker, or any other instrument or device for the production of sound from an ice cream truck after sunset.
C. No person shall use, play or employ any sound, outcry, amplifier, production loudspeaker, or any other instrument or device for the production of sound from an ice cream truck in such a manner to create a disturbance of the peace.
(c) Location.
(i) No vending from such vehicle shall be permitted on City streets with a speed limit above 25 miles per hour.
(ii) No person shall stop to vend from an ice cream truck within 200 feet of another ice cream truck that has already stopped to vend. (d) Prohibited Sales. Ice cream truck vendors shall only sell frozen or refrigerated desserts, confections, or novelties commonly known as ice cream, or prepackaged candies, prepackaged snack foods, or soft drinks. (G) Special Events. Nothing in this section shall affect the City’s ability to host, sponsor, allow, or authorize special events approved for vending purposes or with vending components.
SECTION 49: Section 5.04.480 is hereby added to Title 5 of the Palmdale Municipal Code and is to read in its entirety as follows:
5.04.480 Tobacco/smoking product retailer.
(A) Definitions. For the purpose of this Section, the following terms shall have the following meanings:
(1) “Arm’s length transaction” means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, corporate or other entities which have some or all of the same directors and/or principals, or any sale for which a significant purpose is avoiding the effect of the violations of this section, is not an arm’s length transaction.
(2) “Drug paraphernalia” shall have the definition set forth in California Health and Safety Code Sections 11014.5 and 11364.5, as those sections may be amended from time to time.
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(3) “Electronic cigarette” shall mean an electronic and/or battery-operated device that can deliver an inhalable dose of nicotine to the user. “Electronic cigarette” includes any product meeting this definition, regardless of whether it is manufactured, distributed, marketed or sold as an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, electronic vape, vaporizer or any other product name or descriptor.
(4) “Flavored electronic cigarette product” shall mean any product used in an electronic cigarette, containing, as a constituent or additive, an artificial or natural flavor or an herb or spice, including but not limited to tobacco, mint, menthol, spearmint, wintergreen, strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, or coffee, that is a characterizing flavor of the product, or the smoke or vapor produced by the product.
(5) “Proprietor” means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a 10 percent or greater interest in the stock, assets or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have, or can or does share, ultimate control over the day-to-day operations of a business.
(6) “Self-service display” means the open display or storage of tobacco products, smoking products or tobacco/smoking paraphernalia in a manner that is physically accessible in any way to the general public without assistance of the retailer or employee of the retailer and a direct person-to-person transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display. (7) “Smoking product” means any substance produced or sold to be used for smoking, ingestion, or consumption in cigarettes, cigars, pipes, hookahs, e-cigarettes, or other similar objects.
(8) “Tobacco product” means any of the following: (1) A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff. (2) An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah. (3) Any component, part, or accessory of a tobacco product, whether or not sold separately. Tobacco Product does not include a 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 the product is marketed and sold solely for such an approved purpose. (9) “Tobacco/smoking paraphernalia” means shall mean cigarette papers, wrappers, or blunt wraps as defined in Section 308 of the Penal Code, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other instrument or Ordinance No. 1612
paraphernalia designed for the smoking, preparation, storing, ingestion or consumption of tobacco and other smoking products.
(10) “Tobacco/smoking product retailer” means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, in public view, tobacco, tobacco/smoking products or tobacco/smoking paraphernalia. Any person who distributes free or low cost samples of tobacco products, smoking products or tobacco/smoking paraphernalia shall be deemed to be a tobacco/smoking product retailer under this chapter. “Tobacco/smoking product retailing” shall mean the doing of any of these things.
This definition is without regard to the quantity of tobacco, tobacco or smoking product, or tobacco or smoking paraphernalia sold, offered for sale, exchanged or offered for exchange.
(11) “Vending machine” as used in this section shall mean a machine, appliance, or other mechanical device operated by currency, token, debit card, credit card, or any other form of payment that is designed or used for vending purposes, including, but not limited to, machines or devices that use remote control locking mechanisms. (12) “Youth decoy” means a person under the age of 18 who is used by the Los Angeles County Sheriff’s Department or any City official or employee authorized to enforce provisions of this chapter to conduct random on-site sting investigations to determine compliance with tobacco retailing laws.
(B) Permits Required.
(1) Any person intending to act as a tobacco/smoking product retailer shall, within one year of the effective date of the ordinance codified in this section, obtain a tobacco/smoking product retailer permit for each location at which tobacco/smoking product retailing is to occur. This applies to all existing and future tobacco/smoking product retailers in the City.
(2) It shall be unlawful for any person to act as a tobacco/smoking product retailer in the City without first obtaining and maintaining a valid tobacco/smoking product retailer’s permit pursuant to this section for each location at which that activity is to occur. (3) The sale of tobacco/smoking products or tobacco/smoking paraphernalia from other than a fixed location, including but not limited to tobacco/smoking product retailing by persons on foot or from vehicles, is prohibited and no permit shall be issued under this section to any such activity.
(4) Nothing in this section shall be construed to grant any person obtaining and maintaining a tobacco/smoking product retailer’s permit any status or right other than the limited conditional privilege to act as a tobacco/smoking product retailer at the location in the City identified in the permit application and/or on the face of the permit. Nothing in this chapter is intended to be construed to render inapplicable, supersede, or affect any other provision of applicable law, including but not limited to any provision of this code, or any Ordinance No. 1612
condition or limitation on smoking in an enclosed place of employment pursuant to California Labor Code Section 6404.5.
(5) No permit shall be issued to authorize a tobacco/smoking product retailer at a location that is permitted under state law to serve alcoholic beverages for consumption on the premises (e.g., an “on sale” license issued by the California Department of Alcoholic Beverage Control) and no permit shall issue to authorize a tobacco/smoking product retailer at any location offering food for sale for consumption by guests on the premises.
(C) Applications. In addition to the information requirement by PMC 5.04.140, the application for a tobacco/smoking product retailer permit shall contain the following information:
(1) Proof that the location for which a tobacco/smoking product retailer permit is sough
t has been issued a valid state tobacco/smoking product retailer’s permit by the California Board of Equalization.
(2) A signed affirmation by each proprietor that the proprietor is informed of the laws affecting tobacco/smoking product retailer permits. No proprietor may rely on the issuance of a permit as a determination by the City that the proprietor has complied with all laws applicable to tobacco/smoking product retailing. (3) Whether or not any proprietor or any agent admitted violating or has been found to have violated this section and, if so, the dates and locations of all such violations within the previous five years.
(4) Each permit application must be accompanied by the required permit fee, established from time to time by resolution of the City Council. The fee shall be calculated so as to recover the total cost of both permit administration and permit enforcement, including, for example, issuing the permit, administering the permit program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the costs of the regulatory program authorized by this section. Fees are nonrefundable except as may be required by law. (5) Such other information as the Director deems necessary for the administration or enforcement of this section as specified on the application form required by this section. (6) A permitted tobacco/smoking product retailer shall inform the Director in writing of any change in the information submitted on an application for a tobacco/smoking product retailer’s permit within 10 business days of a change. (7) All information specified in an application pursuant to this section shall be subject to disclosure under the California Public Records Act (California Government Code Section 6250 et seq.) or any other applicable law, subject to the law’s exemptions.
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(8) A statement signed by each proprietor that no drug paraphernalia is or will be sold at the business seeking the permit.
(D) Issuance and Renewal of Permit.
(1) Except as otherwise provided herein, upon receipt of a complete application for a tobacco/smoking product retailer’s permit and the payment of the applicable permit fee, the Director shall issue a permit unless substantial evidence demonstrates that one or more of the following bases for denial exists:
(a) One or more of the bases for denial listed in PMC 5.04.200 exists. (b) The application seeks authorization for tobacco/smoking product retailing that is prohibited pursuant to this section (e.g., mobile vending), that is unlawful pursuant to this code, including without limitation the zoning ordinance, building code, business license ordinance, or that is unlawful pursuant to any other law.
(c) The application seeks authorization for tobacco/smoking product retailing for a proprietor to whom this section prohibits a permit to be issued. (d) Suspension or revocation proceedings have been initiated by any local, state or federal agency for violations of local, state or federal tobacco control laws within the preceding 60-day period.
(2) Notwithstanding any other provision of this section, prior violations at a location shall continue to be counted against a location and permit ineligibility periods shall continue to apply to a location unless:
(a) The location has been fully transferred to a new proprietor or fully transferred to entirely new proprietors; and
(b) The new proprietor provides the City with clear and convincing evidence that the new proprietor has acquired the location in an arm’s length transaction.
(3) Every permit issued under this chapter shall be posted in accordance with PMC
5.04.100.
(4) A tobacco/smoking product retailer’s permit is valid only for the location for which it has been issued and may not be transferred from one person to another or from one location to another.
(5) The duration of a tobacco/smoking product retailer permit shall be consistent with the provisions of PMC 5.04.230 and shall be renewed consistent with the provisions Ordinance No. 1612
of PMC 5.04.250 except that any permit that is suspended, has been permanently revoked, or is subject to suspension or revocation proceedings shall not be renewed. (6) A tobacco/smoking product retailer permit which is not timely renewed pursuant to PMC 5.04.250 is an expired permit. The tobacco/smoking product retailer shall not engage in tobacco/smoking product retailing at the permitted location until a new permit has been issued for that location.
(7) A denial by the Director of a tobacco/smoking product retailer’s permit may be appealed pursuant to PMC 5.04.280, et. sequentes. An appeal shall stay all proceedings in furtherance of the appealed action.
(8) A valid City business license is required before a tobacco/smoking product retailer’s permit may be issued.
(E) Positive Identification Required. No person engaged in tobacco/smoking product retailing shall sell or transfer a tobacco or smoking product or tobacco/smoking paraphernalia to another person who appears to be under the age of 27 years, without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under state law to purchase and possess the tobacco or smoking product or tobacco/smoking paraphernalia.
(F) Minimum Age to Sell Tobacco Products. No tobacco/smoking product retailer shall permit any person who is younger than 18 years of age to engage or participate in the sale of tobacco or smoking products or tobacco/smoking paraphernalia. (G) Compliance Monitoring and Enforcement.
(1) Compliance with this section shall be monitored by any City official or employee authorized to enforce provisions of this chapter or this code. Compliance checks shall determine, at a minimum, if the tobacco/smoking product retailer is conducting business in a manner that complies with tobacco laws regulating youth access to tobacco. When appropriate, the compliance checks shall determine compliance with other laws applicable to tobacco/smoking product retailing. Nothing in this subsection shall create a right of action in any permit or other person against the City or its agents. (2) Youth decoys may be utilized during enforcement of this chapter. The City shall not enforce any law establishing a minimum age for tobacco purchases or possession against a person who otherwise might be in violation of such law because of such person’s age (herein “youth decoy”) if the potential violation occurs when the youth decoy is participating in a compliance check supervised by any City official or employee authorized to enforce provisions of this chapter or this code. (H) Permit Violations and Penalties.
Ordinance No. 1612
(1) It shall be a violation of this section for a permittee, or his/her agents or employees, to violate any federal, state, or local law or regulation, including any provision of this chapter, applicable to tobacco or smoking products, tobacco/smoking paraphernalia or tobacco/smoking product retailing.
(2) Tobacco/smoking product retailing by means of a self-service display is prohibited.
(3) It shall be a violation of this section for a permittee or any permittee’s agents or employees to violate any local, state or federal law regulating controlled substances or drug paraphernalia, such as, for example, California Health and Safety Code Section 11364.7.
(4) It shall be a violation of this section for any tobacco retailer or any of permittee’s agents or employees to sell or offer for sale, or to possess with intent to sell or offer for sale, any flavored electronic cigarette product.
(a) There shall be a rebuttable presumption that a tobacco 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.
(5) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this section shall constitute a violation.
(6) Failure to prominently display the tobacco/smoking product retailer permit in a publicly visible location at the permitted premises shall constitute a violation. (7) The failure of the permittee to allow any law enforcement service, the Director, or any authorized City official to conduct unscheduled inspections of the premises of the business for the purpose of ensuring compliance with any federal, state, or local tobacco law or regulation, including any provision of this chapter, at any time the business is open for business shall constitute a violation.
(8) Any continuing violation shall constitute a separate offense for each day of the violation.
(9) Violations of this chapter are hereby declared to be public nuisances. (10) Violations of this chapter are hereby declared to be unfair business practices and are presumed to at least nominally damage each and every resident of the community in which the business operates.
Ordinance No. 1612
(11) In addition to other remedies provided by this chapter or by other law, any violation of this section may be remedied by a civil action brought by the City Attorney in the name of the City, including, for example, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings and suits for injunctive relief. (I) Revocation of Permit.
(1) In addition to any other penalty authorized by law, a tobacco/smoking product retailer’s permit may be revoked by the City Council in accordance with PMC 5.04.280 through 5.04.300.
(2) Upon a finding by the City Council of a first violation of any provision of this chapter within any five-year period the City shall:
(a) Issue a written warning to the permittee.
(b) Advise the permittee of the penalties for further violations of this section. (c) Require the permittee to provide documentation to the City that all employees engaged in the retail sales of tobacco or smoking products and/or tobacco/smoking paraphernalia have received training in a City- approved program within 60 days after the warning, or such other time as shall be set by the Director of Planning.
(d) Revoke said tobacco/smoking product retailer’s permit for 90 days. (3) Upon a finding by the City of a second permit violation of any provision of this chapter, within any five-year period, the tobacco/smoking product retailer’s permit may be revoked for up to one year.
(4) Upon finding by the City of a third permit violation of any provision of this section, within any five-year period, the tobacco/smoking product retailer’s permit may be permanently revoked.
(5) A tobacco/smoking product retailer’s permit may be revoked by the City Council if one of the following conditions exist:
(a) One or more of the grounds for denial listed in PMC 5.04.200 existed before the permit was issued; or
(b) A permittee is convicted of a misdemeanor or felony violation of any federal, state, or local tobacco law or regulation, including any provision of this section, or in a different legal proceeding has pleaded guilty, “no contest” or its equivalent, or admitted to a violation of any law designated in this section.
Ordinance No. 1612
(6) A tobacco/smoking product retailer whose permit has been revoked may not apply for a new tobacco/smoking product retailer’s permit until 30 days prior to the expiration of the revocation period.
(7) During any period of permit revocation, the tobacco/smoking product retailer must remove from public view all tobacco or smoking products, tobacco/smoking paraphernalia and tobacco-related advertising. Failure to do so may be considered a subsequent violation.
(8) A decision of the City Council to revoke a permit is final. (J) Tobacco Retailing without a Permit.
(1) In addition to any other penalty authorized by law, if the Director finds that any person has engaged in tobacco/smoking product retailing at any location without a valid tobacco/smoking product retailer’s permit, either directly or through the person’s agent or employees, the person shall be ineligible to apply for or be issued a tobacco/smoking product retailer’s permit for that location as follows:
(a) After the first violation of this section at a location within any 18-month period, no new permit may issue for the person at the location until 120 days have passed from the date of the violation.
(b) After the second violation of this section at a location within any 18- month period, no new permit may issue for the person at the location until six months have passed from the date of the violation.
(c) After the third violation of this section at a location within any 18-month period, no new permit may issue for the person at the location until one year has passed from the date of the violation.
(2) The display of any advertisement relating to tobacco or smoking products or tobacco/smoking paraphernalia that promotes the sale or distribution of such products from the tobacco/smoking products retailer’s location or that could lead a reasonable consumer to believe that such products can be obtained at that location without first obtaining and maintaining a valid tobacco/smoking products retailer’s permit pursuant to this section for each location at which the advertisement is displayed is prohibited. (3) Tobacco or smoking products and tobacco/smoking paraphernalia offered for sale or exchange in violation of this section are subject to seizure by any City official or employee authorized to enforce provisions of this chapter or this code and shall be forfeited after the permittee and any other owner of the tobacco or smoking products or tobacco/smoking paraphernalia seized is given reasonable notice and an opportunity to demonstrate that the tobacco or smoking products or tobacco/smoking paraphernalia were not offered for sale or exchange in violation of this section. The decision by law enforcement services may be appealed pursuant to the procedures set forth in PMC Ordinance No. 1612
5.04.280, et. sequentes. Forfeited tobacco or smoking products and tobacco/smoking paraphernalia shall be destroyed after the time in which to seek judicial review pursuant to California Code of Civil Procedure Section 1094.6 or other applicable law has expired without the filing of a lawsuit or, if such a suit is filed, after judgment in that suit becomes final.
(4) For the purposes of the civil remedies provided in this section, whichever of the following is greater shall constitute a separate violation of this section:
(a) Each day on which a tobacco or smoking product or tobacco/smoking paraphernalia is offered for sale in violation of this section; or (b) Each individual retail tobacco or smoking product and each individual retail item of tobacco/smoking paraphernalia that is distributed, sold, or offered for sale in violation of this section.
SECTION 50: Section 8.04.520 subdivision (A) of Title 8 of the Palmdale Municipal Code is hereby amended to read as follows:
(A) All persons concerned in the commission of any violation of the provisions of this Chapter, whether it be misdemeanor, infraction or administrative violation subject to administrative penalties, and whether they directly commit the act constituting the offense, or own property that the violation occurs on, or aid and abet in its commission, or, being present, are spectators and encourage its commission, or, not being present, have advised and encouraged its commission, or knowingly allow its commission on property owned by such person, and all persons counseling, advising, or encouraging children under the age of 16 years, or mentally impaired persons, to commit any offense, or who, by fraud, contrivance, or force, occasion the drunkenness of another for the purpose of causing him to commit any offense, or who, by threats, menaces, command, or coercion, compel another to commit any offense, are principals in any offense so committed and are guilty of and responsible for any offense so committed.
SECTION 51: Subsection (A)(1) of Section 8.24.210 of Title 8 of the Palmdale Municipal Code is hereby amended to read as follows:
(1) All sidewalk vendors must comply with the applicable regulations is PMC
5.04.460;
SECTION 52: Section 8.36.050 subdivision (D)(1)(b) of Title 8 of the Palmdale Municipal Code is hereby amended to read as follows:
(b) Abandoned, inoperative, unregistered, wrecked or dismantled autos, trucks, trailers, motorcycles, camper boats or other recreational vehicles; SECTION 53: Subsection (D)(3) of Section 8.36.050 of Title 8 of the Palmdale Municipal Code is hereby amended to read as follows:
Ordinance No. 1612
(3) Property that repeatedly has been the situs of nuisance activity, including but not limited to: disturbing the peace, illegal drug activity, public drunkenness, harassment of passersby, illegal gambling, prostitution, sale of stolen goods, acts of violence, public urination, acts of lewd conduct, unreasonably loud noise, or excessive littering; SECTION 54: Subsection (F)(2) of Section 8.36.050 of Title 8 of the Palmdale Municipal Code is hereby amended to read as follows:
(2) Parking, storing or keeping of any recreational vehicle, trailer, boat, or camper within that area of a residential lot customarily considered to be the front yard. The front yard area does not include the driveway. For purposes of this subsection only, the driveway shall be limited to:
SECTION 55: Section 8.36.050 subdivision (F)(8) of Title 8 of the Palmdale Municipal Code is hereby amended to read as follows:
(8) Inoperable, unregistered, or abandoned motor vehicles stored for unreasonable periods on the premises and causing depreciation of nearby property values;
SECTION 56: Section 8.40.015 of Title 8 of the Palmdale Municipal Code is hereby amended to read as follows:
The following definitions shall apply to this chapter:
“Building Official” means the City Building Official, or his designee, who shall possess all statutorily mandated certifications to enforce state building and construction codes. “Certificate of compliance” means a certificate issued by the Building Official for residential rental unit properties, certifying compliance with this chapter and the housing and property maintenance standards of the City of Palmdale. “Frequency upgrade” means modifying the inspection frequency to extend the length of time between re-registration and renewal of certificate of compliance of a residential rental unit.
“Housing and property maintenance standards” means the health, safety, and technical construction codes as amended, adopted and incorporated by reference in Chapters 8.04 and 8.08 PMC and in the property maintenance standards set forth in Chapter 8.36 PMC.
“Inspection frequency” means the length of time between inspections for renewal of certification of residential rental units.
“Maintenance request log” means the log required to be maintained by the owner or manager of a residential rental unit, which shall record all tenant requests for repairs, the Ordinance No. 1612
time estimated at the time of the request for repairs to be completed, and the completion date of the repairs.
“Major violation” shall mean any one or more of the following violations:
(A) Heating system not fully operational at any time between October and May of the following year.
(B) Hazardous code violations, including any one or more of the following:
(1) Exposed electrical wiring;
(2) Collapsed ceiling or walls caused by water leakage; (3) Sewage leakage into walls, floors or onto the ground; (4) Structural damage resulting in the building being determined by the Building Official to be unsafe;
(5) Fire alarm system not fully operational;
(6) Firewalls damaged or not maintained.
(C) Failure to post current and accurate emergency contact information. “New construction” means construction of a property that was completed within the last five years of that property being subject to Section 8.40.020’s registration requirement. “Noncompliance with notice and order” means that the owner, his authorized agent, or other responsible party does not make required repairs as provided in notice and order from the Building Official.
“Other violations” means any violation other than those defined as a major violation. “Owner” means the person or entity identified and listed as having title to the residential rental unit by the latest property tax assessment roll maintained by the Los Angeles County Assessor.
“Partners Against Crime (PAC) certified property” shall mean a property containing one or more residential rental units certified to meet the requirements of the City’s PAC program.
“Property management posting” means a sign required to be posted and maintained at all times which shall include the address and location to obtain repair requests and a current 24-hour emergency phone number. The sign shall be posted close to the main entrance in an area accessible and visible to the general public, or as may otherwise be approved in writing by the Building Official.
“Repair request form” means a two-part form the owner of a property must provide to all tenants. The form shall indicate the address the form is to be delivered to for repair requests and an area for the manager or owner to sign the receipt of the repair request.
The owner shall provide a copy of the request to the tenant.
Ordinance No. 1612
“Residential rental unit” means a rented or leased dwelling, including but not limited to Primary Dwelling, Single-Family Dwelling, Multi-Family Dwelling or Multi-Family Residential, an Accessory Dwelling Unit, Junior Accessory Dwelling Unit, or any other rented or leased property, or portion thereof, for habitation, regardless if it is owner occupied as well, including but not limited to mobile homes situated on private land, rooming houses, boarding houses and single room occupancies.
SECTION 57: Section 8.40.030 of Title 8 of the Palmdale Municipal Code is hereby amended to read as follows:
All rental properties shall be inspected for compliance with the City of Palmdale housing and property maintenance standards. The owner shall schedule an inspection with the Building and Safety Department within 60 days of the Rental Registration completion and shall provide access to the complete property for the inspection at the scheduled time. Additionally, the owner shall provide access to the complete property at any other time within 10 working days of the Building Official’s request. The Building Official at his discretion may require inspections by other City departments and/or Los Angeles County and/or California State enforcing agencies, including, but not limited to, the Los Angeles County Health Department and Los Angeles County Fire Department.
It shall be the owner’s responsibility to reschedule an inspection for work performed to remedy any violations as set forth in 8.04.200 SECTION 103 - Violations and Penalties, in the Palmdale Municipal Code within 30 days of a correction notice from the Building Officials Agent. Failure to reschedule within 30 days will result in a cancellation of the rental registration.
SECTION 58: Section 8.40.035 subdivision (B)(6) of Title 8 of the Palmdale Municipal Code is hereby amended to read as follows:
(6) A valid City business license has been issued to the property owner for the residential rental units covered under the certificate of compliance.
SECTION 59: Section 8.40.035 subdivision (C) of Title 8 of the Palmdale Municipal Code is hereby amended to read as follows:
(C) Issuance of a certificate of compliance shall not constitute a guarantee or warranty of the habitability or complete compliance with the City housing and property maintenance standards, and the occupant of any residential rental unit shall not rely on the certificate of compliance as such a guarantee or warranty. The certificate of compliance shall contain a notice to this effect. The City shall not assume any liability to any person by reason of the inspections required by this chapter or the issuance of a certificate of compliance. Certificates of compliance shall expire on the expiration date shown on the certificate and shall be renewed prior to such date. The Building Official shall determine the expiration dates of certificates of compliance and inspection frequency based on the nature of violations found during the residential rental unit inspections, the following Ordinance No. 1612
registration and inspection frequency schedule, in conjunction with his review of past compliance violations within the preceding 12 months.
Registration and Inspection Frequency Schedule
Single-family or detached
New construction – Certificate of occupancy issued within the preceding six months:
No registration fee
Five years
No violations
Five years
Violations, but no major violations or failure to register before expiration of the certification of compliance, found within preceding year; all violation corrections completed within 30 days after notice by Building Official.
Three years
Major violations found, or other violations found but all violation corrections not completed within 30 days after notice by Building Official:
One year
Multifamily – Two units and above
New construction – Certificate of occupancy issued within the preceding six months:
No registration fees
Five years for PAC certified complexes, three years for non-PAC certified complexes PAC certified property, with no major violations found; all violation corrections completed within 30 days after notice by Building Official; maintenance logs current:
Five years
Not more than one major violation found; all violation corrections completed within 30 days after notice by Building Official; maintenance logs current:
Three years
Major violations found, or other violations found but all violation corrections not completed within 30 days after notice by Building Official:
One year
Ordinance No. 1612
SECTION 60: Section 8.40.040 of Title 8 of the Palmdale Municipal Code is hereby amended to read as follows:
The owner of a residential rental unit shall apply and pay all required fees not less than 30 days prior to the scheduled expiration of the certificate of compliance. The owner of a residential rental unit property shall re-register and meet all requirements and pay all fees as for a new certificate. Failure to re-register, meet all requirements, and pay all fees required for a new certificate prior to the scheduled expiration of the certificate of compliance will result in the removal of the option for a five-year certificate. Upon re- registration, inspection and the issuance of a new certificate of compliance, the Building Official in the exercise of his discretion may grant a frequency upgrade to extend the inspection frequency one level; however, if all of the following actions are taken and certified to, upon his approval and in the exercise of his discretion, the Building Official may grant a frequency upgrade to extend the inspection frequency two levels:
(A) The property is a Partners Against Crime (PAC) certified property; (B) All heating and air conditioning systems have been inspected, repaired and serviced by a licensed mechanical contractor, who shall submit a signed letter certifying to that effect;
(C) All residential rental units shall have code compliant smoke detectors installed in all bedrooms and hallways to the bedrooms;
(D) Ground fault circuit interrupter (GFCI) receptacles have been inspected, repaired and/or installed within six feet of all sinks and tubs/showers within all the units.
SECTION 61: Section 8.40.060 of Title 8 of the Palmdale Municipal Code is hereby amended to read as follows:
When ownership of a residential rental unit property changes:
(A) the new owner shall notify the Building Official within 60 days; (B) any valid and current certificate of compliance for that residential rental unit under Section 8.40.035 shall automatically transfer from the old owner to the new owner unless the Building Official is not provided timely and proper notice pursuant to 8.40.060(A); and (C) all required property postings under Section 8.40.035(B)(4) shall be updated.
SECTION 62: Section 9.04.040 is hereby added to Chapter 9.04 of Title 9 of the Palmdale Municipal Code, and is to read in its entirety as follows:
Ordinance No. 1612
9.04.040 Annoying and Harassing Contacts to City.
No person shall contact the City’s employees, representatives, and agents, via telephone or other electronic communication with the intent to annoy or harass, including making repeated telephone calls, using obscene language or addressing another person in any way that is threatening, or making false or outlandish statements.
SECTION 63: Section 9.04.050 is hereby added to Chapter 9.04 of Title 9 of the Palmdale Municipal Code, and is to read in its entirety as follows:
9.04.050 Enforcement.
The City is authorized to take such actions as may be required for enforcement of this Chapter. The City may enforce any violation of this chapter by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.
SECTION 64: Section 9.04.060 is hereby added to Chapter 9.04 of Title 9 of the Palmdale Municipal Code, and is to read in its entirety as follows:
9.04.060 Public Nuisance.
Any violation of this Chapter shall constitute a public nuisance subject to abatement procedures prescribed in PMC Chapter 8.36.
SECTION 65: Section 9.04.070 is hereby added to Chapter 9.04 of Title 9 of the Palmdale Municipal Code, and is to read in its entirety as follows:
9.04.070 Penalties.
Violations of any provision of this Chapter shall be punishable as set forth in Palmdale Municipal Code Title 1, Chapter 1.12. Each day that a violation of this Chapter occurs shall constitute a new and separate offense as provided in PMC section 1.12.030 SECTION 66: Chapter 9.11 is hereby added to Title 9 of the Palmdale Municipal Code, and is to read in its entirety as follows:
Chapter 9.11
PUBLIC URINATION AND DEFECATION
Sections:
9.11.010 Prohibition.
9.11.020 Enforcement.
Ordinance No. 1612
9.11.030 Public Nuisance.
9.11.040 Penalties.
9.11.010 Prohibition.
It is unlawful for any person to urinate or defecate in a public place or publicly owned property other than a restroom, or in a place open to public view, or upon the private property of another without the consent of the owner or person in lawful possession.
9.11.020 Enforcement.
The City is authorized to take such actions as may be required for enforcement of this Chapter.
9.11.030 Public Nuisance.
Any violation of this Chapter shall constitute a public nuisance subject to all enforcement methods, abatement procedures, other remedies, and cost recovery as prescribed in PMC Chapter 8.36. The City may enforce any violation of this Chapter by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.
9.11.040 Penalties.
Violations of any provision of this Chapter shall be punishable as set forth in Palmdale Municipal Code Title 1, Chapter 1.12. Each day that a violation of this Chapter occurs shall constitute a new and separate offense as provided in PMC section 1.12.030.
SECTION 67: Section 9.12.020 of Title 9 of the Palmdale Municipal Code is hereby amended to read as follows:
9.12.020 Public Consumption of Liquor.
(A) Drinking in Public.
No person shall drink any alcoholic beverage upon any public street, alleyway, sidewalk or parkway, or in any public building, public lavatory, auto park, or lobby or entranceway to any building within the City.
(B) Possession of Open Container.
(1) No person who has in his or her possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, shall enter, be, or remain in Ordinance No. 1612
any public area, including, but not limited to, any roadway, sidewalk, parking lot, or on the posted premises of, including the posted parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9 (commencing with Section 23000) of the Business and Professions Code, or on any area immediately adjacent to the licensed and posted premises, or on the premises of, or immediately adjacent to, any business not licensed to sell or consume alcoholic beverages.
(2) (2) As used in this Section, "posted premises" means those premises which are subject to licensure under any retail package off-sale alcoholic beverage license, the parking lot immediately adjacent to the licensed premises and any public sidewalk immediately adjacent to the licensed premises on which clearly visible notices indicate to the patrons of the licensee and parking lot and to persons on the public sidewalk, that the provisions of this Section are applicable. This Section does not apply to possession an alcoholic beverage on-site of a properly licensed facility in compliance with State law.
(C) Nothing in this Section prohibits drinking in public or having possession of an open container where the location of such acts is subject to a valid city approval for such acts, such as special event permit, where such actions have been expressly allowed by the City.
SECTION 68: Article VIII Public Nuisance and Section 9.12.190 are hereby added to Chapter 9.12 of Title 9 of the Palmdale Municipal Code, and are to read in their entirety as follows:
Article VIII. Public Nuisance
9.12.190 using Public Nuisances While Under the Influence. (A) Prohibition. It shall be unlawful for any person to cause a public nuisance while under the influence. A “public nuisance” shall have the meaning set forth in PMC section
8.36.050.
(B) As used in this Article, “under the influence” shall mean impairment, to any degree, of an individual's ability to perform the activity in question as a result of the use of alcohol, drugs, or a combination of both.
(C) Penalty. Violations of any provision of this Article shall be punishable as set forth in Palmdale Municipal Code Title 1, Chapter 1.12. Each day that a violation of this Article occurs shall constitute a new and separate offense as provided in PMC section 1.12.030. (D) Public Nuisance. Any violation of this Article shall constitute a public nuisance subject to all enforcement methods, abatement procedures, other remedies, and cost recovery as prescribed in PMC Chapter 8.36. The City may enforce any violation of this Article by any and all means available by law, including, but not limited to, civil enforcement through Ordinance No. 1612
such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.
SECTION 69: Section 9.12.080 of Title 9 of the Palmdale Municipal Code is hereby amended to read as follows:
9.12.080 Penalties.
Violations of any provision of this Article shall be punishable as set forth in Palmdale Municipal Code Title 1, Chapter 1.12. Each day that a violation of this Article occurs shall constitute a new and separate offense as provided in PMC section 1.12.030.
SECTION 70: Section 9.16.050 is hereby added to Chapter 9.16 of Title 9 of the Palmdale Municipal Code, and is to read in its entirety as follows:
9.16.050 Fighting in Public Prohibited.
It is unlawful for any person to engage in any physical fight, disorderly conduct, or altercation with any other person on any public property or upon the premises of another within the City, while in public view.
SECTION 71: Section 9.16.060 is hereby added to Chapter 9.16 of Title 9 of the Palmdale Municipal Code, and is to read in its entirety as follows:
9.16.060 Fighting on Public Property Prohibited.
It is unlawful for any person to engage in any physical fight, disorderly conduct, or altercation with any other person on any public property or upon any public premise owned or operated by the City.
SECTION 72: Section 9.16.070 is hereby added to Chapter 9.16 of Title 9 of the Palmdale Municipal Code, and is to read in its entirety as follows:
9.16.070 Enforcement.
The City is authorized to take such actions as may be required for enforcement of this Chapter. The City may enforce any violation of this chapter by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.
SECTION 73: Section 9.16.080 is hereby added to Chapter 9.16 of Title 9 of the Palmdale Municipal Code, and is to read in its entirety as follows:
Ordinance No. 1612
9.16.080 Public Nuisance.
Any violation of this Chapter shall constitute a public nuisance subject to abatement procedures prescribed in PMC Chapter 8.36.
SECTION 74: Section 9.16.090 is hereby added to Chapter 9.16 of Title 9 of the Palmdale Municipal Code, and is to read in its entirety as follows:
9.16.090 Penalties.
Violations of any provision of this Chapter shall be punishable as set forth in Palmdale Municipal Code Title 1, Chapter 1.12. Each day that a violation of this Chapter occurs shall constitute a new and separate offense as provided in PMC section 1.12.030 SECTION 75: Section 9.24.040 is hereby added to Chapter 9.24 of Title 9 of the Palmdale Municipal Code, and is to read in its entirety as follows:
9.24.040 Penalties.
Violations of any provision of this Chapter shall be punishable as set forth in Palmdale Municipal Code Title 1, Chapter 1.12. Each day that a violation of this Chapter occurs shall constitute a new and separate offense as provided in PMC section 1.12.030.
SECTION 76: Chapter 9.51 is hereby added to Title 9 of the Palmdale Municipal Code, and is to read in its entirety as follows:
Chapter 9.51
AGGRESSIVE PANHANDLING
Sections:
9.51.010 Purpose and Intent.
9.51.020 Definitions.
9.51.030 Prohibition Against Aggressive Panhandling.
9.51.040 Enforcement.
9.51.050 Public Nuisance.
9.51.060 Penalties.
9.51.010 Purpose and Intent.
(A) It is the intent of the council in enacting the ordinance codified in this Chapter to preserve and improve the quality of life for those in the City, and to protect the safety of the general public against certain abusive conduct of persons engaged in aggressive panhandling by imposing reasonable restrictions on aggressive, intrusive, or unsafe panhandling while respecting the constitutional rights of free speech for all citizens. (B) This Chapter is not intended to, and does not, prohibit non-aggressive panhandling and is limited to aggressive panhandling on public property.
Ordinance No. 1612
(C) Aggressive and intrusive panhandling includes unwanted physical contact of pedestrians and others or the intentional blocking of pedestrian and vehicular traffic. The City Council finds that an increase in aggressive panhandling in the City has become extremely disturbing and disruptive to residents and businesses, and contributes to the loss of access to and enjoyment of public places, and to an enhanced sense of fear, and disorder. Aggressive panhandling unquestionably threatens the public's safety and welfare. Aggressive panhandling also undermines the public's inherent right to use and enjoy public places without being accosted by or be in reasonable apprehension of persons demanding money or goods in a forceful manner. The actions of individuals engaged in aggressive panhandling likewise can create a climate of intimidation and anxiety among members of the public, who when confronted, reasonably and legitimately fear harm if they refuse to give in to the solicitations of individuals engaged in this type of conduct. Aggressive panhandling also reflects behaviors that are otherwise illegal, such as assaulting persons, and is unrelated to the content of speech, and these regulations are in no way intended to regulate in any manner the content of speech. (D) Aggressive panhandling usually includes approaching or following pedestrians, the use of abusive language, unwanted physical contact, or the intentional blocking of pedestrians. Such activity often carries with it an implicit threat to both person and property.
(E) The City Council further finds that restricting aggressive panhandling on public property will provide a balance between the rights of panhandlers and the rights of persons who wish to decline or avoid such aggressive panhandlings and will help avoid or diminish the threat of violence in such unwarranted and unavoidable confrontations while allowing all members of the public to peacefully utilize and enjoy public property. (F) The restrictions contained herein are neither overbroad nor vague and are narrowly tailored to very specific conduct occurring on public property and focused to serve a substantial governmental interest. Furthermore, in enacting this legislation, the City Council recognizes the inherent availability of warnings and alternative administrative and civil remedies which may be appropriate remedies for violations of this law.
9.51.020 Definitions.
As used in this Chapter, the terms listed below shall have the meaning assigned them:
(A) "Aggressive panhandling" means any of the following:
(1) Approaching or speaking to a person, or following a person before, during or after soliciting, if that conduct is likely to cause a reasonable person to:
(a) Fear bodily harm to oneself or to another, damage to or loss of property, or
(b) Otherwise be intimidated into giving money, goods, or other things of value;
Ordinance No. 1612
(2) Intentionally touching or causing physical contact with another person or an occupied vehicle without that person's consent in the course of soliciting, asking or begging;
(3) Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact in the course of soliciting, asking or begging; or
(4) Persisting in closely following or approaching a person, after the person solicited has been solicited and informed the solicitor by words or conduct that such person does not want to be solicited or does not want to give money or any other thing of value to the panhandler.
(B) "Bona fide charity" or "charity" means any social, religious, educational, sports, arts, or other similar bona fide non-profit organization not engaged in any criminal activity or enterprise for which financial donations are collected. (C) "Panhandling" means to ask for or solicit money, property, or other favor, regardless of value.
(D) The definitions set forth in PMC Chapter 1.20 are also applicable to this Chapter.
9.51.030 Prohibition Against Aggressive Panhandling.
(A) It shall be unlawful for any person to engage in any aggressive panhandling on any public property, including any City park, City building, and public street, highway, sidewalk, or public right-of-way.
(B) This Chapter does not apply to any bona fide charity or person that engages in panhandling that is not aggressive, as defined in this Chapter. (C) This Chapter does not apply to protected speech activities or other activity protected by law.
9.51.040 Enforcement.
The City is authorized to take such actions as may be required for enforcement of this Chapter. The City may enforce any violation of this chapter by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.
Ordinance No. 1612
9.51.050 Public Nuisance.
Any violation of this Chapter shall constitute a public nuisance subject to all enforcement methods, abatement procedures, other remedies, and cost recovery as prescribed in PMC Chapter 8.36. The City may enforce any violation of this Chapter by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.
9.51.060 Penalties.
Violations of any provision of this Chapter shall be punishable as set forth in Palmdale Municipal Code Title 1, Chapter 1.12. Each day that a violation of this Chapter occurs shall constitute a new and separate offense as provided in PMC section 1.12.030.
SECTION 77: If any section, subsection, paragraph, sentence, clause or phrase of these provisions of the Palmdale Municipal Code is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of the provisions of the Palmdale Municipal Code. The City Council declares that it would have adopted these provisions of the Palmdale Municipal Code, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
SECTION 78: This Ordinance shall take effect thirty (30) days after its adoption.
SECTION 79: The City Clerk, or her duly appointed deputy, shall attest to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this ordinance, the ordinance, or a summary of the ordinance, along with the names of the City Council members voting for and against the ordinance, shall be published in a newspaper of general circulation in the City of Palmdale.
SECTION 80: The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
Ordinance No. 1612
PASSED, APPROVED and ADOPTED this 15th day of November, 2023. _________________________________
Approved as to form: Laura Bettencourt, Mayor
ATTEST:
___________________________ ________________________________ William P. Curley, III, City Attorney Rochelle Scott, Acting City Clerk I, Rochelle Scott, Acting City Clerk of the City of Palmdale, California, do hereby certify that the foregoing Ordinance was duly introduced, passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the ______ day of _____________, 20___ effective on the ____ day of ___________, 20___ by the following roll call vote:
AYES:
NOES:
ABSTAIN: ABSENT:
Date:
Rochelle Scott, Acting City Clerk
EXHIBIT I
REDLINES
1.16.010 Enforcement
(A) The Senior Code Enforcement Officer, Code Enforcement Officer, Community Service Officer, Building Official, Supervising Building Inspector, Senior Building Inspector, Building Inspector, City Engineer, Supervising Public Works Inspector, Peace Officer , Parking Enforcement Supervisor, Parking Enforcement Officer, Public Security Officer, Senior Public Security Officer and Supervising Public Security Officer classifications of employees of the City as may hereafter be specifically designated by ordinance shall have the power, authority and immunity, as set forth in Section 836.5 of the California Penal Code, to make arrests without a warrant whenever such officers or employees have reasonable cause to believe that the person to be arrested has committed a violation in their presence of an ordinance or statute which such officers or employees have the duty to enforce.
3.44.140 Denial, revocation, suspension of business license; procedures to contest and effect.
(1) No business license shall knowingly be issued or renewed when, at the time of making application for any license, or renewal thereof, the applicant is indebted to the City for any unpaid license tax, license fees, transient occupancy taxes, or unpaid invoices for any rates, fees or charges imposed pursuant to this code. The Director of Finance or designee may enter into an agreement with any person so indebted to the City to establish a payment schedule for such indebtedness and any delinquencies and interest thereon. In such agreement, the debtor shall acknowledge such debt to the City and shall agree that if any default occurs in the payment of any installment agreed to be paid thereunder, the entire amount to be paid shall become immediately due and payable, and that, if suit is brought to enforce collection of the amount agreed to be paid under such agreement, the debtor will pay all costs of suit incurred by the City, including reasonable attorneys’ fees. (2) If such an agreement is executed, and all other provisions of this Chapter are complied with, a license for the current or ensuing license period may be issued to such person upon payment of the license tax prescribed for the current or ensuing license period, together with any penalties thereon.
(A) Grounds for Denial, Revocation, Suspension
(1) Grounds for Denial; Business Activities Involving First Amendment Activities. Neither the Director of Finance or designee nor the City Council shall approve an application for a business license for a business activity primarily involving First Amendment activities if any of the following findings are made:
Exhibit I
Ordinance No. 1612
(a) The building, structure, premises, or the equipment used to conduct the business activity fails to comply with all applicable health, zoning, fire, building and safety, or nuisance prevention laws of the State or of the City or there are fees, fines, or other penalties owing the City in connection with the business activity including the building, structure, premises, or the equipment used to conduct the business activity; provided, however, that this subsection shall not be construed to require that the applicant actually be in compliance with such laws or have paid such penalties at the time set for review and approval. The Director of Finance or designee nor the City Council or the City Council, as applicable, may approve a business permit and condition its operative date upon the later submission by the applicant to the Director of Finance or designee of a certificate of occupancy issued by the Division of Building and Safety or other satisfactory evidence that the business activity is then in compliance with all such applicable laws or proof of payment of such penalties;
(b) The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for the business license or in any report or statement required to be filed with the Director of Finance or designee or the City Council; (c) The business is prohibited by any local or state law, statute, rule or regulation, or is prohibited in the particular location or zone by any law, statute, rule, or regulation; or (d) The Director of Finance or designee or the City Council City Council has made the findings and determination as specified in PMC Section 5.04.185 relating to an applicant for a license for a proposed business activity involving First Amendment activities. (2) Grounds for Denial; Business Activities Not Involving First Amendment Activities.
Neither the Director of Finance or designee nor the City Council shall approve an application for a business license for a business activity not primarily involving First Amendment activities if any of the following findings are made:
(a) The building, structure, premises, or the equipment used to conduct the business activity fails to comply with all applicable health, zoning, fire, building and safety, or nuisance prevention laws of the State or of the City or there are fees, fines, or other penalties owing the City in connection with the business activity including the building, structure, premises, or the equipment used to conduct the business activity; provided, however, that this subsection shall not be construed to require that the applicant actually be in compliance with such laws or have paid such penalties at the time set for review and approval. The Director of Finance or designee or the City Council, as applicable, may approve a business license and condition its operative date upon the later submission by the applicant to the Director of Finance or designee of a certificate of occupancy issued by the Division of Building and Safety or other satisfactory evidence that the business Exhibit I
Ordinance No. 1612
activity is then in compliance with all such applicable laws or proof of payment of such penalties;
(b) The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for the business license or in any report or statement required to be filed with the Director of Finance or designee or the City Council; (c) The business is prohibited by any local or state law, statute, rule or regulation, or is prohibited in the particular location or zone by any law, statute, rule, or regulation; (d) The City Council has made the findings and determination as specified in PMC
5.04.185 relating to an applicant for a license for a business activity not involving First Amendment activities.
(3) Grounds for Revocation or Suspension; Business Activities Involving First Amendment Activities. After the hearing, the City Council may condition, modify, suspend or revoke a business license for any business activity required to be permitted under this chapter if the City Council finds that one or more of the following conditions exist:
(a) That the business activity including the building, structure, premises or equipment used in the conduct of the business does not comply with any health, zoning, fire, building and safety, or nuisance prevention laws of the State or of the City; (b) That the licensee, or any employee, agent or manager of the licensee, has violated any federal or state statute or any ordinance or regulation of the City in the course of exercising any rights under the business license which is being considered for revocation; (c) That the licensee, or any employee, agent or manager of the licensee, has knowingly made any false, misleading or fraudulent statement of material fact in the application for permit, or in any report or statement required to be filed with the Director of Finance or designee or the City Council;
(d) That the licensee, or any employee, agent or manager of the licensee, has published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the licensed business;
(e) That the licensee has failed or refused to notify the Director of Finance or designee of any change in facts as required by this chapter within 10 days after such change; (f) That the licensee, or any employee, agent or manager of the licensee, has violated any conditions or restrictions of the business license; Exhibit I
Ordinance No. 1612
(g) That the licensee, or any employee, agent or manager of the licensee, has allowed, or failed to prevent, the use of the business as a base for unlawful or criminal activity, including, but not limited to, solicitation, prostitution or drug trafficking; (h) That there are any fees, fines, or other penalties owing the City in connection with the business activity including the building, structure, premises, or the equipment used to conduct the business activity; or
(i) The licensee has been convicted of any violation of this code, any code adopted and incorporated by the City into this code, the California Penal Code, the Health and Safety Code, the Business and Professions Code, or any other State law. (4) Grounds for Revocation or Suspension; Business Activities Not Involving First Amendment Activities. After the hearing, the City Council may condition, modify, suspend or revoke a business license for any business activity required to be permitted under this chapter if the City Council finds that one or more of the following conditions exist:
(a) That the business activity including the building, structure, premises or equipment used in the conduct of the business does not comply with any health, zoning, fire, building and safety, or nuisance prevention laws of the State or of the City; (b) That the licensee, or any employee, agent or manager of the licensee, has violated any federal or state statute or any ordinance of the City in the course of exercising any rights under the business license which is being considered for revocation; (c) That the licensee, or any employee, agent or manager of the licensee, has been found to have committed a crime of moral turpitude which bears a substantial relationship to the conduct of the business activity for which the business license is being considered for revocation;
(d) That the licensee, or any employee, agent or manager of the licensee, has knowingly made any false, misleading or fraudulent statement of material fact in the application for permit, or in any report or statement required to be filed with the Director or designee or the City Council;
(e) That the licensee, or any employee, agent or manager of the licensee, has published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the operation of the licensed business; (f) That the licensee has failed or refused to notify the Director or designee of any change in facts as required by this Chapter within 10 days after such change; Exhibit I
Ordinance No. 1612
(g) That the licensee, or any employee, agent or manager of the licensee, has violated any conditions or restrictions of the business license; (h) That the licensee has been convicted of any violation of this code, any code adopted and incorporated by the City into this code, the California Penal Code, the Health and Safety Code, the Business and Professions Code, or any other State law; (i) That the licensee, or any employee, agent or manager of the licensee, has violated any rule or regulation adopted by the City Council or any other governmental agency relating to the licensee’s business;
(j) That the licensee has conducted the licensed business in a manner contrary to the public health, safety and welfare; or
(k) That there are any fees, fines, or other penalties owing the City in connection with the business activity including the building, structure, premises, or the equipment used to conduct the business activity.
(B) Hearing to Contest Denial, Revocation, Suspension
(1) Initiation of Hearing. The determination of whether a license should be denied, revoked, or suspended shall be initiated by a written statement of the grounds in Section
3.44.140(A) have been found. Such statement may be initiated by any department or agency required to review or inspect the business activity for compliance with applicable regulations. Such statement shall be submitted to the Director of Finance or their designee. The City shall give written notice to the applicant/licensee of the decision to deny, revoke, or suspend to the address on the operative application or license via first- class mail. The applicant/licensee may request a hearing by filing a request for a hearing on a City-approved form with the Office of the City Clerk, 38300 Sierra Highway, Palmdale, CA 93550 and must provide the reasons why the grounds in Section
3.44.140(A) have not been established within 20 calendar days from the issuance date of the notice. If the Office of the City Clerk does not receive the request in the required period, the applicant/licensee shall have waived the right to a hearing and the determination shall be deemed confirmed and final.
(2) Notice of Hearing. If a timely and complete request for hearing is made, the City will set a hearing before the City Council for the City Council to determine whether grounds in Section 3.44.140(A) have been established to support the City’s denial, revocation, or suspension. Written notice of the date, time, and location of the hearing shall be given to the applicant/licensee not less than 10 days prior to the hearing by first class mail. Service of this notice is deemed complete at time of mailing. The failure of an applicant/licensee Exhibit I
Ordinance No. 1612
to receive a properly addressed notice shall not invalidate the determination or any hearing, City action or proceeding conducted pursuant to this Section. The hearing will be conducted within 60 days of the date a timely and complete request is received by the Office of the City Clerk unless otherwise agreed to by the applicant/licensee and the City. (3) Procedure for Hearing.
(a) Right to witnesses and submission of documentary evidence. The applicant/licensee and the City shall have the right to bring witnesses to testify whether the grounds in Section 3.44.140(A) have been established and cross-examine each other’s witnesses.
The applicant/licensee and the City also have the right to submit in advance of the hearing—no later than 3 calendar days prior to the date set for hearing—written argument and documentary evidence on whether the grounds in Section 3.44.140(A) have been established. Such submission shall be made by first class mail unless otherwise agreed to by the applicant/licensee and the City, such as via email. Failure to receive said written material shall not invalidate the determination or any hearing, City action or proceeding conducted pursuant to this Section.
(b) Procedure and rules of evidence. Administrative hearings are informal, and formal rules of evidence and discovery do not apply. Oral evidence shall be taken only on oath or affirmation. The City bears the burden of proof to establish the grounds in Section
3.44.140(A) by a preponderance of evidence. An applicant/licensee may bring an interpreter to the hearing provided there is no expense to the City therefor. The City Council may question any person who presents evidence or who testifies at any hearing.
The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC
2.08.090.
(c) Decision. The City Council shall issue its decision in writing promptly and notice of it must be made via first-class mail to the applicant/licensee and City. The decision shall contain a determination of the issues presented, including the evidence supporting whether the grounds in Section 3.44.140(A) were established and the applicable grounds in Section 3.44.140(A).
(4) Effect of Revocation or Suspension.
(a) No refunds of any business license fees, taxes, or other sums paid shall be made to any licensee upon revocation or suspension of a business license.
Exhibit I
Ordinance No. 1612
(b) Following revocation of any business license under this Section, no business license to conduct the same business activity shall be issued to the same person for a period of one year.
(c) Whenever a business license is suspended or revoked, the Director of Finance or their designee shall take into possession the business license for the subject business activity.
The licensee shall surrender the business license and license stickers, or similar evidence of a license, to the Director of Finance or their designee. (d) Upon revocation or suspension of a business license, the licensee shall immediately cease operation of the business activity. Except as otherwise provided, if the license is suspended, the licensee may resume operation upon expiration of the suspension period. (5) Judicial Appeal. The determination issued by the City Council shall be deemed a final order and may be judicially reviewed pursuant to California Code of Civil Procedure Section 1094.6. There is no right to a further administrative appeal. (C) No License Issued or Renewed where Applicant is Indebted to City (1) No business license shall knowingly be issued or renewed when, at the time of making application for any license, or renewal thereof, the applicant is indebted to the City for any unpaid license tax, license fees, transient occupancy taxes, or unpaid invoices for any rates, fees or charges imposed pursuant to this code. The Director of Finance or designee may enter into an agreement with any person so indebted to the City to establish a payment schedule for such indebtedness and any delinquencies and interest thereon. In such agreement, the debtor shall acknowledge such debt to the City and shall agree that if any default occurs in the payment of any installment agreed to be paid thereunder, the entire amount to be paid shall become immediately due and payable, and that, if suit is brought to enforce collection of the amount agreed to be paid under such agreement, the debtor will pay all costs of suit incurred by the City, including reasonable attorneys’ fees. (2) If such an agreement is executed, and all other provisions of this Chapter are complied with, a license for the current or ensuing license period may be issued to such person upon payment of the license tax prescribed for the current or ensuing license period, together with any penalties thereon.
5.04.040 Definitions
(N) “Sexually oriented business” shall mean any one of the following:
Exhibit I
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(1) Any business wherein the preponderant business is the offering of services, materials, goods and/or products which are characterized by an emphasis on matter depicting, describing, or in relation to “nude” or “semi-nude” persons or “specified sexual activities,” as defined in Section 92.05.B.2, 3 and 517.92.010 of the Palmdale zoning ordinance, for observation by patrons therein. Such businesses shall include, but not be limited to, an adult bookstore, adult video store, picture arcade showing adult entertainment pictures, adult motion picture theater or other similar businesses; or (3) Any business, having as a portion of its goods for sale, products which replicate or are designed to simulate “specified anatomical areas,” as defined in Section
92.04.B.417.92.010 of the Palmdale zoning ordinance, to cause sexual excitement thereof. Such business shall include, but not be limited to, a sexual novelty store or other similar businesses.
5.04.050 Permits required
(D) Managers. Where the provisions of this chapter governing particular business activities require a manager, such individual, unless he or she is the person to whom the permit for the business activity is issued, must obtain a manager’s permit and pay the required fee therefor. The application for a manager’s permit should be on a form provided by the City and shall, to the extent feasible, be submitted concurrently with the application for business permit required by PMC 5.04.130. (Ord. 898 § 2, 1990)
5.04.150 Businesses requiring a business permit
(A) No person shall commence, conduct or purport to commence or conduct the following business activities without a valid business permit:
(1) Adult-oriented businessesº;
(2) Ambulances and ambulance drivers+;
(3) Billiards;
(4) Bingo;
(5) Carnivals and concessionsº+;
(6) Dance halls and dancesº;
(7) Entertainmentº;
Exhibit I
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(8) Introductory servicesº;
(9) Fortunetelling;
(10) Game arcades;
(11) Gun dealers;
(12) Health clubs;
(13) House and street numbering;
(14) Hypnotist+;
(15) Locksmith;
(16) Massage establishments and massage techniciansº;
(17) Motion picture theater+;
(18) Pawnbrokers and secondhand dealers;
(19) Sidewalk vending;
(20) Reserved;
(21) Private patrol service;
(22) Family entertainment center+º;
(23) Swap meet;
(24) Taxicabs and taxicab drivers+;
(25) Tobacco/smoking product retailer;
(26) Tow trucks+;
(27) Mobile vending.
+ Indicates that such business activity is subject to insurance or bond requirements.
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º Indicates that such business activity requires a permitted manager pursuant to PMC
5.04.050.
5.04.170 Review and approval
(A) Responsibility. The responsibility for approving business permit applications shall be as follows:
(1) Business Permit Applications Which Do Not Require Hearings. These business permit applications shall be subject to the approval of the Director as the reviewing authority.
Any person may appeal the Director’s decision on the application in a manner consistent with the requirements of PMC 5.04.3405.04.280, et. sequentes. The timely filing of an appeal shall entitle the aggrieved party to a hearing.
5.04.210.Effect of business permit denial
(B) Preconditions to Approval. Before any business permit is issued, the reviewing authority shall ensure that the applicant has agreed to abide by all the conditions and restrictions imposed by this chapter on the particular business involved. (B) Appealability. The denial of an application by the Director may be appealed to the City Council in a manner consistent with PMC 5.04.280, et. sequentes.
5.04.240 Insurance and bond requirements
Section 5.04.240 Reserved.
(A) Permit Validity and Grounds for Suspension. Whenever the provisions of this chapter require an applicant for any business permit to procure, post or maintain in effect any bond, undertaking, deposit, or policy of insurance, any business permit issued is valid only while such bond, undertaking, deposit, or policy of insurance is in full force and effect.
The business permit shall automatically be suspended without notice if at any time such bond, undertaking, deposit, or policy of insurance is not in full force and effect. The Director shall notify the permittee in writing of any suspension pursuant to this section.
Within 10 days thereafter, the permittee may request in writing a hearing before the City Council. The City Council shall conduct a hearing in a manner consistent with PMC
5.04.360 and, as warranted by the evidence received at the hearing, may revoke the permit or terminate the suspension and restore the permit. If the permittee does not request a hearing, the permit is automatically revoked at the end of 10 days following the notification of suspension.
Exhibit I
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(B) Cancellation of Insurance or Bond. Except as otherwise provided, a policy of insurance or a bond or undertaking required under this chapter shall not be accepted unless it provides that it shall not be canceled until 30 days after the insurer or surety gives notice thereof to the Director. If a permittee learns that such a bond, undertaking or policy of insurance will be or has been canceled, such permittee shall notify the Director within three days of such notice. If a new bond, undertaking or policy of insurance acceptable to the Director is filed before the old one is canceled or expires, then the permit will continue in full force. Any employee, officer or department informed of any modification or cancellation of any insurance policy, undertaking or bond required under this chapter shall immediately notify the Director of such modification or cancellation. (C) Contents of Insurance Policy. Except as otherwise provided, in every instance where an insurance policy is required for the permitting of a particular business, such insurance policy shall comply with the following requirements unless the City Council, upon application, notice and hearing, directs otherwise:
(1) It shall be primary and not contributing to any other insurance maintained by the City; (2) It shall name the City, its officers, agents and employees, as additional insureds; (3) Its liability limits shall be as specified in the regulations pertaining to the specific business;
(4) It shall bear a deductible in an amount approved by the Director; (5) It shall be issued by an insurer approved by the City; and (6) It shall be endorsed so as to provide the Director with 30 days’ prior notice of any cancellation or modification of the policy.
(D) Indemnification. Whenever this chapter requires a business permit applicant or permittee to indemnify the City, the applicant or permittee shall be required to execute an indemnification statement in substantially the following form:
It shall be a condition of this permit issued under the Business Regulation Ordinance that the permittee agrees to indemnify, hold harmless, and defend the City, its City Council, and each member thereof, and every officer, agent and employee of the city, from any and all liability or financial loss resulting from any suits, claims, losses, or actions brought by any person, and from all costs and expenses of litigation, including attorney’s fees, by reason of injury to any person, including, but not limited to, officers and employees of the permittee, performed under and pursuant to this permit, and any and all activities, Exhibit I
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