operations, and conditions in any manner connected therewith or pertaining thereto. Such indemnity shall include, but not be limited to, any and all liabilities, demands, claims, damages, losses, costs and expenses caused or alleged to have been caused by any negligent or other act of this permittee.
5.04.250 Business permit renewal
(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 5.04.3405.04.280, et. sequentes.
5.04.270 Denial, non-renewal, modification, suspension or revocation Any business permit issued by the City may be conditioned, modified, suspended or revoked for cause by the City Council pursuant to PMC 5.04.280 et seq. (Ord. 898 § 2, 1990)
(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.
5.04.280 Revocation – Initiation of hearing Hearing to contest modification, suspension or revocation – Initiation of hearing
A hearing to determine whether an existing permit should be conditioned, modified, suspended or revoked shall be initiated by a written statement of charges. Such statement may be initiated by any department or agency required to review or inspect the permitted business activity for compliance with City regulations. Such statement shall be submitted to the Director. (Ord. 898 § 2, 1990)
Exhibit I
Ordinance No. 1612
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.
5.04.290 Revocation – Notice to permittee Hearing to contest modification, suspension or revocation – Notice of hearing.
If the Director determines that a hearing is warranted, written notice of the hearing shall be given to the permittee not less than 10 days prior thereto. (Ord. 898 § 2, 1990) 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.
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 shall not invalidate the determination or any hearing, City action or proceeding conducted pursuant to this Section.
Exhibit I
Ordinance No. 1612
(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.
5.04.310 Grounds for modification, suspension or revocation of business permit.
After the hearing, The City Council 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:
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 for cause under this Chapter, no business license permit to conduct the same business activity shall be issued to the same person for a period of one year.
(C) Whenever a business permit is suspended or revoked, the Director shall take into possession the business license permit for the subject business activity. The permittee shall surrender the business license permit and permit stickers, or similar evidence of a permit, to the Director.
Exhibit I
Ordinance No. 1612
5.04.340 Appeal from Director’s decision to City Council Violations; Enforcement; Public Nuisance
(A) Filing. Any applicant for a business permit or for the renewal of a business permit who is aggrieved by any decision of the Director may file with the Director a notice of appeal to the City Council within 10 days of the date of mailing of the decision. The notice shall be signed by the appellant or the legal representative of the appellant and shall be sufficient if it states that the appellant appeals from a specified decision or a particular part thereof. The notice of appeal may state briefly the grounds upon which the appeal is based but shall contain no argument, evidence or legal points and authorities. (B) Effect of Notice of Appeal. If a timely appeal is filed, the effect of the Director’s decision shall be stayed pending the City Council’s resolution of the matter unless the Director specifically finds that the public health and safety will be endangered by any such stay. (C) Deposit of Estimated Costs. With every notice of appeal filed pursuant to this section, the appellant shall deposit with the Director an amount which the Director estimates will cover the cost of production of a transcript of documentation on the matter, including the record of any hearing conducted by the Director, which resulted in the decision on which the appeal is taken.
(D) Accounting of Funds. The Director shall keep a permanent and accurate account of all deposits received on appeal. If the actual cost of the transcript exceeds the amount deposited by the appellant, the appellant shall pay the deficiency; if it is less, the Director shall refund the difference to the appellant. (Ord. U-1030 § 6, 1993; Ord. 898 § 2, 1990) (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 Exhibit I
Ordinance No. 1612
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.
5.04.400 Adult-oriented businesses
(B) Definitions. For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended the following definitions shall apply:
(1) Adult-Oriented Businesses. “Adult-oriented businesses” means any one of the following:
(b) 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 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. (c)Adult Cabaret. The term “adult cabaret” as used in this Section, means a nightclub, restaurant, or similar business establishment which:
(1) regularly 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) which regularly 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.
Exhibit I
Ordinance No. 1612
(d) 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.
(e) Adult Motion Picture Theater. The term “adult motion picture theater,” as used in this section, is a business establishment where, for any form of consideration, films, computer-generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (e) 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 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. (f) Adult Theater. The term “adult theater,” as used in this section, means a business establishment which for any form of consideration regularly features live performances, for an audience on the premises, which performances either: (1) are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities; and/or (2) regularly feature entertainers who appear semi-nude. (f) 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, Exhibit I
Ordinance No. 1612
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. (g) Adult Modeling Studio. The term “ adult modeling studio” as used in this Section, means a business or other premises or location which provides, for pecuniary compensation, monetary or other consideration, hire or reward,or on a voluntary basis or on a voluntary or otherwise unpaid basis, figure models, actors or actresses 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. “ Adult Modeling studio” does not include schools maintained pursuant to standards set by the State Board of Education. “Adult 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”. (3) Adult-Oriented Merchandise. The term “Adult-Oriented Merchandise” as used in the Section, means sexually oriented implements or paraphernalia, such as 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.
(5) 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 92.0717.16 of the Palmdale zoning ordinance.
(8) Figure Model. “Figure model,” as used in this section, means any person who, for pecuniary compensation, consideration, hire or reward, or on a voluntary or otherwise unpaid basis, poses or appears in an adult modeling studio either nude or semi-nude, displays “specified anatomical areas,” or performs “specified sexual activities” to be observed, sketched, filmed, photographed, videotaped, electronically or digitally recorded, painted, drawn, sculpted, or otherwise depicted by persons on the premises, Exhibit I
Ordinance No. 1612
cable-casted, web-casted, broadcasted, transmitted to persons or locations off-site, or otherwise provided for sale.
(8) 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.
(12) Park. For purposes of this chapter 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. (17) 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. (17) 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. (18) Specified Anatomical Areas. As used herein, “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; or (b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
(c) Any device, costume, or covering that simulates any of the body parts included in subsection (B)(18)(a) or (b) of this section.
(18) 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 Exhibit I
Ordinance No. 1612
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, 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.
(19) 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;
(d) Excretory functions as part of or in connection with any of the other activities described in subsections (19)(a) through (c) of this section.
(19) 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. (20) 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.
(20) 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.
Exhibit I
Ordinance No. 1612
(21) 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.
(22) 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.
(F) Investigation and Action on Application.
(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 92.05.C.117.92.010.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.
(G) Permit Denial.
(1) The City Council shall deny the application for any of the following reasons:
(c) The adult-oriented business does not comply with the zoning ordinance locational standards, Section 92.05.C.117.92.010.C.1;
(I) Adult-Oriented Business Development and Performance Standards. (8) Any adult-oriented business shall comply with the provisions of PMC Section
5.04.57017.92.010
Exhibit I
Ordinance No. 1612
(W) Existing Adult-Oriented Businesses
(1) Any adult-oriented business lawfully operating on the effective date of the ordinance codified in this section in violation hereof shall be deemed a nonconforming use. (2) Any adult-oriented business lawfully operating on the effective date of the ordinance codified in this section which becomes nonconforming due to the location requirements enumerated in zoning ordinance Section 92.05(C)(1) shall cease operation, or otherwise be brought into full compliance with the location requirements of this section, not later than 20 years following the effective date of those requirements. (3) Any adult-oriented business lawfully operating on the effective date of the ordinance codified in this section which becomes nonconforming due to either the design or performance standards enumerated in subsection (I) of this section shall cease operation, or otherwise be brought into full compliance with the design standards and performance standards of this section, not later than one year following the effective date of the ordinance codified in this section.
(4) Any adult-oriented business lawfully operating on the effective date of the ordinance codified in this section which becomes nonconforming based upon the definitions enumerated in subsection (B) of this section (Definitions) shall cease operation, or otherwise be brought into full compliance with the definitions of this section, not later than three years following the effective date of the ordinance codified in this section. (5) Any adult-oriented business lawfully operating on the date of being annexed by the City which becomes nonconforming due to the location requirements enumerated in zoning ordinance Section 92.05(C)(1) shall cease operation, or otherwise be brought into full compliance with the location requirements of this section, not later than 20 years following the effective date of those criteria.
(6) Any adult-oriented business lawfully operating on the date of being annexed by the City which becomes nonconforming due to either the design or performance standards enumerated in subsection (I) of this section shall cease operation, or otherwise be brought into full compliance with the design standards and performance standards of this section, not later than one year following the effective date of the ordinance codified in this section. (7) An adult-oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of: (i) a residential use or zone within 1,000 feet of the adult-oriented business; or (ii) a park, primary alcohol use, excluding convenience stores, church or school within 1,000 feet of the adult-oriented business.
Exhibit I
Ordinance No. 1612
This exemption shall only apply if the adult-oriented business is continuous, which means that interruptions cannot exceed six months.
(8) Any adult-oriented business lawfully operating on the date of being annexed by the City which becomes nonconforming based upon the definitions enumerated in subsection (B) of this section shall cease operation, or otherwise be brought into full compliance with the definitions of this section, not later than three years following the effective date of the ordinance codified in this section.
(X) Conflicts. If the provisions of this section conflict with or contravene any other provisions of this chapter, the provisions of this section shall prevail as to all matters and questions arising out of the subject matter of this section. (Ord. 1605 §§ 13, 14, 2023; Ord. 1317 §§ 2, 3, 2007; Ord. 1299 §§ 4, 5, 2007; Ord. U-1299 §§ 4, 5, 2006; Ord. 1280 § 2, 2006; Ord. U-1280 § 2, 2006; Ord. 1120 §§ 6, 7, 8, 1998; Ord. 1115 § 3, 1997; Ord.
U-1115 § 3, 1997; Ord. 1108 § 2(b), 1997; Ord. 915 § 2, 1991; Ord. 898 § 2, 1990) 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.
5.04.410 Ambulances and ambulance drivers Entertainment (A) Definitions. For the purposes of this section, the following terms shall have the following meanings:
(1) “Ambulance” means a motor vehicle specially constructed, modified, equipped or arranged for the purpose of transporting sick, injured, convalescent, infirm or otherwise incapacitated persons whose medical condition requires transportation services. (2) “Ambulance attendant” means any person who is employed to accompany an ambulance driver while transporting a person whose medical condition requires medical transportation.
(3) “Ambulance driver” means any person who is employed by an ambulance operator to drive an ambulance.
(4) “Ambulance operator” means any person who, for any monetary or other consideration, or as an incident to any other occupation, offers ambulance transportation services from any location in the City.
Exhibit I
Ordinance No. 1612
(B) Exemptions.
(1) Generally. No permit for an ambulance operator, ambulance driver, or ambulance attendant is required where the ambulance operator is:
(a) A public agency; or
(b) A person who maintains ambulances to provide first aid to its own employees. (2) Exemption for Intercity Transportation. The requirements of this section do not apply where the ambulance operator is transporting persons from a point outside of the City into the City, or where the ambulance operator is merely travelling through the City to reach its destination.
(C) Application Information – Ambulance Operators. In addition to the information required by PMC 5.04.140, the application for an ambulance operator shall contain the following information:
(1) A description of any and all judgments awarded against the applicant in all cases arising out of the applicant’s operation of an ambulance service in any other jurisdiction; (2) The model, age, condition and patient capacity of each ambulance to be used in the operation of the ambulance business, and a description of the premises which are to serve as the base of operations;
(3) The kind and amount of automobile liability, public liability, professional liability, workers’ compensation, and other insurance carried by the ambulance operator applicant; (4) The color scheme and insignia to be used to identify the applicant’s ambulances; (5) The applicant’s experience in transporting sick, convalescent or injured persons; and (6) The schedule of rates to be charged by the applicant. (D) Vehicle Maintenance.
(1) Odometers. Every ambulance operator making any charges based on mileage shall have the odometer of each ambulance tested and certified by the Sheriff’s Department in accordance with the procedures of that department once every year. The results of such testing shall be reported to the Director by the permittee within 10 days.
Exhibit I
Ordinance No. 1612
(2) Periodic Inspections. Every ambulance operator who transports patients from or within the City shall have all ambulances under its ownership and control inspected yearly by a certified automotive repair dealer. Each ambulance operator shall provide the City with written confirmation, signed by that repair dealer, that the ambulances have been inspected and are in good working order within 10 days of the inspection. (3) Failure to Make Inspection. If an ambulance operator fails to conduct a periodic inspection or fails to correct any maintenance problem noted in the inspection within 15 days of its discovery, such ambulance operator’s permit shall be subject to immediate suspension pending revocation proceedings in accordance with this chapter. (E) Insurance Requirements.
(1) Insurance Required. Every applicant for an ambulance operator’s permit shall obtain and maintain in full force and effect general liability insurance and comprehensive automobile liability insurance in conformance with PMC 5.04.240. The liability coverage shall be in the amount of $1,000,000.
(2) Indemnifications. Every person permitted pursuant to this section shall execute an indemnity agreement as required by PMC 5.04.240.
(3) Workers’ Compensation Insurance. In addition to any other insurance requirements contained in this chapter, the applicant shall file with the Director a policy of workers’ compensation insurance, or a certificate of consent to self-insure issued by the State Director of Industrial Relations, applicable to all employees of the applicant. The permittee shall thereafter maintain in full force and effect such coverage during the term of the permit.
(F) Permits – Ambulance Drivers – Ambulance Attendants. (1) Application Information. The permit application for an ambulance driver or ambulance attendant shall contain the following information:
(a) The applicant’s name, address and home phone number; (b) A photocopy of a valid California special driver’s certificate (where applicable); (c) A photocopy of either an Emergency Medical Technician I or IA or II Course Completion Certificate issued by the County of Los Angeles or by a school approved by the County of Los Angeles or a certificate for an emergency medical technician- Exhibit I
Ordinance No. 1612
paramedic issued by the Director of Health Services, unless the applicant is a physician or registered nurse licensed by the state;
(d) The name, address and phone number of the ambulance operator employing or intending to employ the applicant; and
(e) The ambulance operator’s proposed service area.
(2) Effect of Revocation of Certificate. If any applicable certificate required under this section is suspended, revoked, restricted or otherwise ceases to continue in full force and effect, the City permit for which such certification is required may be immediately suspended pending revocation proceedings as mandated by this chapter. (3) Operator Responsibility. Every ambulance operator shall be responsible for promulgating and enforcing rules which ensure its employees’ compliance with this section. (Ord. 1026 § 2, 1993; Ord. 898 § 2, 1990)
(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;
Exhibit I
Ordinance No. 1612
(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. (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. (4) Manager Required. All business establishments permitted under this section shall have a responsible person on the premises to act as manager at all times during which the establishment is open. Such manager shall be permitted pursuant to PMC 5.04.040. (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, Exhibit I
Ordinance No. 1612
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.
5.04.420 Billiards Game arcades.
(A) Definitions. For the purposes of this section the following terms shall have the following meanings:
(1) “Billiards,” “bagatelle,” or “pool” means a game, played on an oblong table, whose object is to hit balls into pockets around the table’s edge by means of a cue or stick. (2) “Billiard club” means a proprietary club where billiards, bagatelle or pool is played, or in which any billiard, bagatelle or pool table is kept and persons are permitted to play or do play thereon, regardless of whether any fee is charged for the use of such table. “Billiard club” does not include a place having only one coin-operated pool or billiard table, which table is maintained as an incident to some other type of business activity. (3) “Public billiard room” means any place open to the public where billiards, bagatelle or pool is played, or in which any billiard, bagatelle or pool table is kept and persons are permitted to play or do play thereon, regardless of whether any fee is charged for the use of such table. “Public billiard room” does not include a place having only one coin- operated pool or billiard table, which table is maintained as an incident to some other type of business activity.
(B) General Requirements.
Exhibit I
Ordinance No. 1612
(1) Application Information. In addition to the information required by PMC 5.04.140, an application for a permit to operate a billiard club or public billiard room shall state the exact location within the business establishment where the public billiard room or billiard club is to be located if such constitutes only a portion of a more extensive business establishment.
(2) Authorization of Location. Any permit issued to conduct a billiard club or public billiard room shall authorize the operation of such billiard club or public billiard room only at the place described in the application and only by the applicant. (C) Operating Requirements.
(1) Visibility of Interior of Premises. Every billiard club or public billiard room shall be maintained so as to provide a clear and unobstructed view of the entire interior of the public billiard room or billiard club from the entrance into such room or club. A public billiard room or billiard club may be part of a more extensive business establishment that conducts other business activities and, in that event, need not be visible from the entrance to the more extensive business establishment.
(2) Hours of Operation.
(a) Generally. No public billiard room, billiard club or similar place of business shall be open from 2:00 a.m. until 6:00 a.m. of any day, nor shall an owner, manager or other person having charge of any billiard club or public billiard room keep the same open or allow or permit any game to be played therein between 2:00 a.m. until 6:00 a.m. of any day. No person shall remain on the premises of any public billiard room or billiard club during the hours when such public billiard room or billiard club is closed or required by this section to be closed, except the owner and regular employees. (b) Exceptions. Notwithstanding subsection (C)(2)(a) of this section, any person having charge of any billiard room may apply to the Director for a permit to keep such room open from 2:00 a.m. to 6:00 a.m. The Director may grant such a permit if it finds that:
(i) The operation of the billiard room is on the same premises and is operated in conjunction with any other business that is normally and regularly operated between 2:00 a.m. and 6:00 a.m.; and
(ii) There is no objection to such operation by the Sheriff’s Department.
Exhibit I
Ordinance No. 1612
(3) Age Restrictions. The owner, manager or other person in charge of any public billiard room or billiard club shall not permit any person under the age of 18 years to be, remain in, enter or visit such place unless:
(a) Such minor is accompanied by one of his parents or by his guardian or by a spouse 18 years of age or older; or
(b) Such parent or guardian personally presents a written consent to the owner, manager or other person in charge that the minor be permitted to enter, and alcoholic beverages are neither sold nor served in such place, and such place has no permit to sell, dispense or serve alcoholic beverages. Such written consent shall be in a form approved by the Director.
(4) Exceptions. Notwithstanding subsections (C)(2) and (3) of this section, if a billiard club or public billiard room is maintained in a segregable and physically separate part of a more extensive business establishment, then its closure does not require the closure of the more extensive business establishment, and the age restrictions do not apply to the more extensive business establishment. The restrictions set forth in subsections (C)(2) and (3) of this section shall only apply to the segregated billiard club or public billiard room.
(5) Disorderly Persons. No owner, manager or other person in charge of any public billiard room or billiard club shall allow or permit any intoxicated, quarreling or disorderly person or persons to be or remain in such place. (Ord. U-1030 § 10, 1993; Ord. 898 § 2, 1990)
(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) Manager Required. A game arcade permittee shall provide a manager, pursuant to PMC 5.04.050, to oversee the operation and orderly use of the games in the game Exhibit I
Ordinance No. 1612
arcade. Such manager shall be present in the game arcade during all hours that it remains open.
(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.
5.04.430 Bingo Gun dealers.
(A) Definitions. For the purposes of this section, the following terms shall have the following meanings:
(1) “Bingo” means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conforms to numbers or symbols selected at random. The game of bingo shall include cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes. (2) “Eligible organization” shall be defined as any of the following:
(a) Labor, agricultural or horticultural organizations exempted from the payment of bank and corporation taxes by Section 23701a of the State Revenue and Taxation Code; (b) Fraternal beneficiary societies, orders or organizations exempted from payment of bank and corporation taxes by Section 23701b of the State Revenue and Taxation Code; (c) Religious, charitable, scientific, literary, educational, amateur sports or humanitarian organizations exempted from payment of bank and corporation taxes by Section 23701d of the State Revenue and Taxation Code;
(d) Business leagues, chambers of commerce, real estate boards and boards of trade exempted from payment of bank and corporation taxes by Section 23701e of the State Revenue and Taxation Code;
Exhibit I
Ordinance No. 1612
(e) Civic leagues, social welfare and employees’ organizations exempted from payment of bank and corporation taxes by Section 23701f of the State Revenue and Taxation Code;
(f) Nonprofit pleasure and recreation clubs exempted from payment of bank and corporation taxes by Section 23701g of the State Revenue and Taxation Code; (g) Domestic fraternal societies, orders or associations exempted from payment of bank and corporation taxes by Section 23701l of the State Revenue and Taxation Code; (h) A mobile home park association whose membership is comprised of the mobile home tenants of a single mobile home park, and which organization was formed for the benefit of the resident tenants; and
(i) A senior citizens organization which has been organized to benefit senior citizens and whose membership is comprised of persons over the age of 54. (B) General Requirements.
(1) Games Permitted. Pursuant to Article IV, Section 19, of the California Constitution and Section 326.5 of the California Penal Code, this section authorizes the conduct of bingo games for charitable purposes and in conformity with the other requirements imposed herein.
(2) Eligible Organizations. Only an eligible organization may apply for a permit to operate bingo games within the City.
(3) General Procedure. The provisions of this section shall control the permitting of bingo games where in conflict with any other provisions of this chapter. (a) Application Information. Any eligible organization shall file an application for a business permit to operate a bingo game with the Director upon a form to be provided by the City. Notwithstanding any other provision of this chapter, the application shall specify the following information:
(i) The name, address and telephone number of the local applicant organization, the nature of the organization, and a statement that the applicant is an eligible organization as defined by this section;
(ii) The names and addresses of all officers and directors of the eligible organization; Exhibit I
Ordinance No. 1612
(iii) A list of the names of all members of the applicant organization who will operate and staff bingo games, and the date they became members;
(iv) A detailed schedule of the date, hours, location and occupancy capacity of the prospective location where each bingo game is to be held; (v) A detailed description of the record system to account for the receipts, prizes, expenses and profits of each bingo game;
(vi) The location and signatories of the special bank accounts required by this section; (vii) The specific charitable purposes which the bingo proceeds will benefit; (viii) Whether the maximum number of players at any time will be more than 100; (ix) A statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code and this section as they may be amended from time to time, and agrees that the permit to conduct bingo games may be revoked upon violation of any such provisions;
(x) The address to which notice, when required, is to be sent or mailed, and the names of any individual or individuals, in addition to those set forth elsewhere in the application, who are authorized to accept service of process on behalf of the permittee; (xi) The signatures of at least two officers, including the presiding officer of the eligible organization; and
(xii) Any other information that the Director deems necessary. (b) Fees Required. The fee for a business permit to operate bingo games shall be in an amount established by resolution of the City Council but shall not exceed $50.00 annually for an initial permit or a renewal. If an application for a permit is denied, one-half of any permit fee paid shall be refunded.
(c) Contents of Permit. A business permit to operate bingo games shall include the following information:
(i) The name and nature of the organization to which the permit is issued; (ii) The address or location of the place where bingo games are authorized to be conducted. No more than one such location shall be authorized; Exhibit I
Ordinance No. 1612
(iii) The occupancy capacity of the rooms in which bingo games are to be conducted; (iv) The date of the expiration of the permit;
(v) Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter.
(d) Notification of Changes in Application Information. (i) The permittee shall notify the Director in writing of the change of any fact set forth in the permittee’s application within five days.
(ii) The permittee shall notify the Director of any changes in the list of members who will operate and staff bingo games.
(iii) Any notification required by subsections (B)(3)(d)(i) and (ii) of this section shall be made in writing and served upon the Director in one of the following methods:
(A) Personal delivery at least three days prior to the operation of any game. The permittee shall obtain a receipt evidencing such delivery; or
(B) Transmittal of such changes by certified mail bearing a date at least five days prior to the operation of any game.
(iv) The permittee shall retain in its records proof of service of the notifications required by subsections (B)(3)(d)(i) and (ii) of this section.
(C) Operating Requirements.
(1) Games Open to Public. All bingo games conducted in the City shall be open to all members of the public.
(2) Hours of Operation. Each permit issued pursuant to this section shall allow the permittee to operate bingo games for only one day during each week. Bingo games shall not be conducted for more than six hours out of the 24-hour period of each day. No bingo game shall be conducted before 10:00 a.m. or after 2:00 a.m. of any day. (3) Participants Must Be Present to Play. No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place in which the bingo game is being conducted.
Exhibit I
Ordinance No. 1612
(4) Use of Credit Prohibited. No permittee shall issue chips or money to a patron on credit or loan (including but not limited to IOUs and checks to be held) or allow any patron to play on credit.
(5) No Admission Fees. No admission fee, purchase or donation shall be required for entry onto the premises where the bingo game is conducted. (6) Location Restrictions.
(a) A permittee shall conduct bingo games only on property owned, rented or leased by it, or property whose use is donated to the organization, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. Nothing in this section shall be construed to require that the property owned, rented or leased by the organization be used or leased exclusively by such organization. The permit issued under this section shall authorize the holder thereof to conduct bingo games only at the address which is stated in the application. (b) The owner of a specific facility at which bingo games are played shall not allow use of the facility for such play for more than three days per week. (7) Occupancy Limit. Notwithstanding that bingo games are open to the public, attendance at any bingo game shall be limited to the occupancy capacity of the room in which such games are conducted, as determined by the Fire Department and the Division of Building and Safety, in accordance with applicable laws and regulations. The permittee shall not reserve seats or space for any person.
(8) Permit and Rules to Be Posted. Before conducting a bingo game, the permittee shall post its business permit to operate the bingo game in a conspicuous place at the public entrance to the property on which the game is to be conducted. The permittee shall produce and exhibit the same when applying for a renewal thereof, and whenever requested to do so by any officer authorized to issue or inspect permits or to enforce the provisions of this chapter or this code. The permittee shall also post the costs, prizes and rules of each game to be played adjacent to the permit during the conduct of the bingo game.
(9) List of Members Operating and Staffing Games. The permittee shall have available on the premises the list of members operating and staffing the game at all times during the conduct of games. If the list is different from the list originally submitted with the permittee’s application, proof of service of the revised list on the Director shall be attached to the current list.
Exhibit I
Ordinance No. 1612
(10) Alcoholic Beverages Prohibited. Alcoholic beverages shall not be served or consumed on the premises at which bingo games are conducted during the hours of operation of a bingo game. No person who is intoxicated shall be allowed to participate in a bingo game.
(11) Minors Not to Participate. No person under the age of 18 years of age shall be allowed to participate in any bingo game.
(12) Enforcement. The City, by and through its authorized personnel, may conduct an examination or inspection of any premises in which bingo games are conducted at any reasonable time for the purpose of determining whether the permittee is complying with all of the provisions of this section and all other applicable statutes, ordinances, rules and regulations affecting the permittee or the business activity. (13) Operation by Permittee.
(a) A bingo game shall be operated, managed, staffed and advertised only by members of the permittee organization. Such members shall not receive a profit, wage or salary, or any other direct or indirect consideration from any bingo game. (b) All staff members of bingo games shall wear on their outside clothing an identification insignia or badge not less than two inches by three inches in dimension, indicating the name and title of the staff member.
(14) Bingo Game Operators.
(a) All members of eligible organizations who operate the bingo games on behalf of an eligible organization shall apply for a bingo operator’s permit with the Director upon a form provided by the City. A permit fee shall not be required; however, no person shall operate a bingo game on behalf of a permitted eligible organization until such application has been reviewed and approved pursuant to PMC 5.04.180.
(b) The application for a bingo operator shall contain the following information:
(i) The applicant’s name, address and phone number;
(ii) Photographic identification, as defined in PMC 1.04.100, and fingerprints of the applicant;
(iii) A record of the applicant’s employment history for the last three years; and Exhibit I
Ordinance No. 1612
(iv) The name of the eligible organization for which he or she will operate bingo games. (D) Accounting Procedures.
(1) Proceeds.
(a) The proceeds derived from the operation of a bingo game shall be used only for charitable purposes.
(b) Organizations exempt from the payment of bank and corporation tax pursuant to Section 23701d of the State Revenue and Taxation Code shall keep all profits derived from a bingo game in a separate fund or account which shall not be commingled with any other fund or account. Such profits shall be used only for charitable purposes. (c) All other eligible organizations authorized to conduct bingo games pursuant to this section shall keep all proceeds derived from a bingo game in a special fund or account which shall not be commingled with any other fund or account. Such proceeds shall be used only for charitable purposes, except as follows:
(i) Such proceeds may be used for prizes at authorized bingo games; (ii) A portion of such proceeds, not to exceed 10 percent of the proceeds after the deduction of prizes, or $1,000 per month, whichever is less, may be used for rental of property, including the purchase of bingo equipment, administrative expenses, security equipment, and security personnel.
(d) All proceeds derived from any bingo game shall be deposited in a special account as required by this section, within 24 hours of the completion of the bingo game and shall not be commingled with any other account or funds.
(e) Prizes Awarded.
(i) The total value of prizes awarded during the conduct of any bingo game shall not exceed $250.00 in cash or kind, or both, for each separate game which is held. All monetary or cash prizes shall be paid in the form of a check drawn on a financial institution.
(ii) The permittee shall keep a record, on a form approved by the Director, showing the name and written signature, the address, the telephone number of the winner, and the consecutive serial number on the receipt for the prize. (2) Inspection of Records.
Exhibit I
Ordinance No. 1612
(a) The permittee shall keep full and accurate records of the income and expenses received and disbursed in connection with its operation, conduct, promotion, or supervision of bingo games which are authorized by this section. The City, by and through its authorized personnel, may examine and audit such records at any reasonable time, and the permittee shall fully cooperate with the City by making such records available.
Such examination may consist of, but is not limited to, the actual counting or examination of players, bingo cards, and equipment, records and funds. (b) The Director may demand a complete detailed accounting of all income and expenses at any time for good cause. If the permittee fails to render such an accounting within the time limit set by the Director, the bingo permit shall be temporarily suspended until such accounting is rendered.
(E) Bond Requirements.
(1) Terms of Bond. Except as provided in subsection (E)(4) of this section, every eligible applicant organization shall, as a condition of the issuance of a bingo permit, maintain a bond in the sum of $5,000 with the Director, running to the City for the use and benefit of interested persons and parties, executed by the eligible applicant organization and a surety company authorized to do business in the state.
In lieu of such bond, the eligible applicant organization may assign to the City savings and loan certificates or a cashier’s check totalling $5,000.
The bond or assignment shall be required to ensure strict compliance by the eligible applicant organization with the provisions of this chapter and any other applicable statutes, rules, regulations or ordinances and to ensure the repayment of any direct pecuniary loss sustained through any act of grand or petty theft or any other wrongful act on the part of any principal, employee or operator of any bingo game. (2) Action Upon the Bond. Any person who sustains any injury covered by the bond described in this section may, in addition to any other remedy which that person may have, bring an action in his or her own name upon the bond for the recovery of any damage sustained. The bond shall continue in effect and may be sued upon from time to time until the whole of the penalty shall be exhausted. The Director may require the filing of a new bond, as provided for in this section. Upon failure to file a new bond within 10 days, the Director shall forthwith suspend the bingo permit and any related bingo operator permits.
(3) Action on the Assignment. If, in lieu of a bond, an applicant assigns to the City savings and loan certificates or a cashier’s check, the applicant shall agree in writing that if the Exhibit I
Ordinance No. 1612
Director finds that any person has sustained any pecuniary loss through any act of grand or petty theft or other wrongful act on the part of the eligible organization, employee or bingo operator, the City may redeem a sufficient number of such certificates or may deposit the cashier’s check and, from the proceeds, reimburse such person for loss sustained. The Director may require the assignment of additional funds as provided in this section. Upon failure to make such assignment within 10 days, the Director shall suspend the bingo permit and any related bingo operator permits. (4) Exemptions from Bond Requirements. The bond requirements set forth in subsection (E)(1) of this section shall not be applicable to mobile home park associations or to senior citizens organizations whose membership is comprised predominately of residents of this City. (Ord. 1408 § 4, 2010; Ord. 1317 § 4, 2007; Ord. U-1030 §§ 11 – 14, 1993; Ord. 929 § 1, 1991; Ord. 898 § 2, 1990)
(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:
(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:
Exhibit I
Ordinance No. 1612
(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.
5.04.440 Carnivals and concessions Massage establishments and massage technicians
(A) Definitions. For purposes of this section, the following words shall have the following meanings:
(1) “Carnival” means a business enterprise consisting of amusements which include, but are not limited to, merry-go-rounds, ferris wheels, or other similar mechanical apparatus or rides; menageries, trained animal acts, circuses, animal rides, petting zoos or similar animal exhibitions; acrobatic shows, boxing exhibitions or other physical feats or demonstrations; sideshows, games or tests of strength, skill or other capacity; and public eating places for which a fee or payment may be charged for entry into the location, viewing of any such entertainment or amusement, participation in any of its activities, or purchase of food, drink or merchandise.
Exhibit I
Ordinance No. 1612
(2) “Concession” means each ride, show, store, booth, game, eating place or other public attraction which is part of a carnival, as defined in this section. (B) General Requirements.
(1) Scope of Permit. A permit to operate a carnival entitles the permittee to operate and manage the entire carnival. It may also authorize the permittee to operate carnival concessions; provided, that the concessions are specified in the application for the permit, that the proceeds from the concessions are to be disbursed, “split” or otherwise apportioned by or through the permittee to whomever runs the concessions. Otherwise, a separate permit is required for each concession to be operated at any carnival, and every applicant therefor must comply with the application requirements of this section to the extent applicable to any such concession.
(2) Application Information.
(a) In addition to the information required by PMC 5.04.140, every person applying for a business permit to operate, conduct or manage a carnival or concession shall file an application with the Director which shall contain the following information:
(i) If a corporation, the applicant shall provide a copy of its articles of incorporation; (ii) A detailed description of the dates, location, and hours of operation of the carnival or concession;
(iii) A list of the names of all agents and employees involved in the operation and management of the carnival if the permit application is for a carnival, and a similar list of agents and employees involved in the conduct of the concession if the permit application is for a concession;
(iv) A detailed schedule of the concessions to be presented by the applicant at the carnival, including the various fees to be charged, the names of the persons in charge of each concession, and the rules for the operation of each such concession; (v) Copies of all contracts, agreements or other written memoranda between the applicant and any other person with respect to the operation of each concession at the carnival, including a statement as to disbursement, “split” or other apportionment of the proceeds between the applicant and any other person;
(vi) A detailed description of the mechanical devices or equipment owned by or under the control of the applicant to be used in the operation of the carnival or concession; Exhibit I
Ordinance No. 1612
(vii) Copies of all policies and binders of liability insurance, including, but not limited to, vehicle, public, product and professional, and workers’ compensation insurance held by the applicant;
(viii) Copies of the applicant’s rules and regulations governing the operation of the carnival or concession;
(ix) Proposed date, time and location for on-site inspection by interested City or County departments prior to the commencement of the carnival or concession; (x) A statement that the applicant agrees to operate the carnival or concession in strict accordance with the provisions of this section and all other applicable laws, and assumes full responsibility for the lawful and safe operation of the carnival or concession; and (xi) Where the applicant for a carnival or concession permit is not the sponsor of the carnival or concession, the name, address and telephone number of each sponsor and a detailed description of the functions, responsibilities and obligations of any such sponsor in the operation of the carnival or concession.
(b) The application for permit shall be filed at least 60 days prior to the commencement of any carnival.
(3) Sponsors. Every person sponsoring a carnival or concession for a charitable purpose shall comply with the provisions of this code regarding charitable solicitors, in addition to the requirements herein, prior to the commencement of such carnival or concession. (4) Current Supplementary Information Required. The applicant or permittee shall be required to keep current the information required on the application for a carnival or concession permit by supplementing or modifying the information to maintain its accuracy. Supplementary information shall include, but is not limited to, future dates, locations and hours of operation of the carnival or concessions; new or otherwise undisclosed agents and employees involved in the operation of the carnival or concessions; new or otherwise undisclosed sponsors of the carnival or concessions; and new or otherwise undisclosed concessions to be presented at the carnival. (5) Additional Conditions. In addition to any conditions which may be imposed pursuant to this chapter, the permit shall be subject to the condition that the applicant or permittee satisfactorily undergo an on-site inspection of the location of the permitted activity by interested officers or departments of the City or County prior to commencement of the permitted activity. The Director may impose such other conditions as the Director finds Exhibit I
Ordinance No. 1612
necessary for reasons of health, sanitation, noise, clean-up, and the general welfare of the public. Such conditions shall appear on the permit. (C) Operating Requirements.
(1) Responsibilities of Permittee. The carnival permittee shall be responsible for the manner in which all rides, exhibits, shows, games and other concessions allowed under the carnival permit are conducted, regardless of whether the permittee is operating independently or in conjunction with, or as an agent for, any religious or charitable organization. A carnival concession permittee is similarly responsible for the conduct of the concessions for which it is permitted.
(2) Posting of Regulations. All rules pertaining to the operation of any ride, game or other concession must be posted conspicuously at the location of the ride, game, or other concession. The fee for viewing, participating or otherwise engaging in any ride, game or other concession must also be conspicuously posted.
(3) Concessions – Operation Requirements.
(a) All players or participants in any game or other concession must be given an equal opportunity to play or participate. Prior to allowing any person to play or participate in any game or other concession, the concession operator shall collect the posted fee and return the proper change to the player or participant. The concession operator shall not collect for more than a single game from any player or participant at one time. The use or employment of “sticks,” “shills,” or any person posing as a patron, when not really a patron, is prohibited. The employment or utilization of minors under the age of 16 years of age in the operation of any rides, games or other concessions is prohibited. Games or other concessions utilizing foul lines wherein any person or persons involved in the operation of the game or concession are the sole determiners as to whether or not a player has fouled are prohibited.
(b) No concessions other than those submitted to and approved by the Director shall be played, conducted, permitted or allowed at the carnival location. (c) Any packaged merchandise distributed as a prize shall be plainly marked and its contents described conspicuously. Only items of merchandise that can actually be won by any player may be displayed in conjunction with any game or other concession. No other merchandise or prize shall be displayed. Special games or other concessions wherein a player is charged a greater fee than other players are charged in order to win or compete for any special or larger prize are prohibited.
Exhibit I
Ordinance No. 1612
(4) Game of Chance Prohibited. Games of skill may be permitted under a carnival or concession permit. Games of chance are prohibited.
(5) Operating Hours. A carnival or concession may only operate between the hours of 10:00 a.m. and 10:00 p.m.
(D) Insurance Requirements. Every applicant for a carnival permit shall obtain and maintain in full force and effect public liability insurance in conformance with PMC
5.04.240. The liability coverage shall be in the amount of $5,000,000. (E) Conditions of Permit. The Director may issue a permit pursuant to this section upon the following findings:
(1) The zone in which the carnival is proposed to be conducted has been approved by the Planning Department and will not be detrimental to the public health, safety and welfare;
(2) The carnival is not located within 500 feet of a residential neighborhood, or the carnival operator has received the written consent of more than 50 percent of the owners and tenants of any residences located within 500 feet of the carnival site; and (3) The applicant will adequately provide for the maintenance and cleanliness of the carnival site prior to, during, and upon closing of the carnival. (Ord. U-1030 § 15, 1993; Ord. 898 § 2, 1990)
(A) Definitions. For purposes of this section, the following words and phrases have the following meanings:
(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.
Exhibit I
Ordinance No. 1612
(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 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
Exhibit I
Ordinance No. 1612
(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;
(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.
Exhibit I
Ordinance No. 1612
(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 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 Exhibit I
Ordinance No. 1612
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;
(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 Exhibit I
Ordinance No. 1612
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;
Exhibit I
Ordinance No. 1612
(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;
Exhibit I
Ordinance No. 1612
(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.
Exhibit I
Ordinance No. 1612
(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 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.
Exhibit I
Ordinance No. 1612
(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. 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 Exhibit I
Ordinance No. 1612
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. Instruments used in performing massage may not be used on more than 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.
Exhibit I
Ordinance No. 1612
(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 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 Exhibit I
Ordinance No. 1612
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. (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 Exhibit I
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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, 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;
Exhibit I
Ordinance No. 1612
(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;
(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 Exhibit I
Ordinance No. 1612
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;
(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 Exhibit I
Ordinance No. 1612
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.
(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.
Exhibit I
Ordinance No. 1612
(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.
(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.
Exhibit I
Ordinance No. 1612
(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 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 Exhibit I
Ordinance No. 1612
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 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 Exhibit I
Ordinance No. 1612
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.
5.04.450 Dance halls and dances Pawnbrokers and secondhand dealers (A) Definitions. For purposes of this section, the following words shall have the following meanings:
(1) “Private dance” means a recreational dance at a private dance hall which is sponsored or conducted by any person other than the permittee of the private dance hall. (2) “Private dance hall” means a business establishment that provides recreational dancing facilities, either as its main purpose, or as an incident thereto, for its members or their bona fide guests.
(3) “Public dance” means a recreational dance at a public dance hall which is sponsored or conducted by any person other than the permittee of the public dance hall. (4) “Public dance hall” means a business establishment that is open to the public and that provides recreational dancing facilities, either as its main purpose, or as an incident thereto, for members of the public.
(5) “Recreational dance” or “recreational dancing” means dancing for purposes of amusement or diversion. “Recreational dancing” includes, but is not limited to, social dancing and does not include a dance performance for purposes of entertaining an audience.
(6) “Special dance” means an individual public dance or private dance sponsored or conducted by any person, other than the permittee of a public or private dance hall, which dance, if authorized, will result in not more than three such dances being conducted by such applicant in any three-month period.
Exhibit I
Ordinance No. 1612
(7) “Youth dance” means a public or private dance to which persons between the ages of 15 and 21 are admitted and which is sponsored or conducted by any person other than the permittee of a public or private dance hall.
(B) Application Information.
(1) Procedure. In addition to the information required in PMC 5.04.140, the following information shall also be required of any applicant for a business permit to conduct a public or private dance at a public or private dance hall or to conduct a special dance or a youth dance:
(a) The names and addresses of the persons who have authority or control over the location for which the permit is requested, and a brief statement of the nature and extent of such authority or control;
(b) The name and address of the owner of the premises upon which the permitted activity is to be conducted, if the applicant is leasing such premises from the owner; and (c) Whether the permittee intends to conduct the private or public dance as a youth dance. (2) Special Dance Information.
(a) In addition to the information required by PMC 5.04.140, and subsection (B)(1) of this section, an applicant for a business permit to conduct a special dance shall specify the number of dances held within the three-month period immediately preceding the date of the application.
(b) An application for a special dance permit shall be filed within 45 days of the date on which the dance is to be held, unless the Director shortens that period of time upon a showing of good cause.
(c) A special dance permit may only be issued if no more than three such dances will be held in any three-month period. A separate permit shall be issued for each special dance and a separate application shall be filed for each such dance, in accordance with the provisions of this section.
(C) Operating Requirements.
(1) Hours of Operation. A public or private dance may be conducted at a public or private dance hall and a special dance may be conducted at a business establishment only between the hours of 7:00 a.m. and 2:00 a.m. of any day unless the City Council Exhibit I
Ordinance No. 1612
specifically authorizes otherwise upon a showing of good cause and that authorization is expressly set forth on the business permit.
(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 establishment at which a public, private, special or youth dance is held 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) If an establishment at which a permitted public, private, special or youth dance is held, owns or operates an adjacent parking lot, that lot shall be illuminated throughout to an intensity of at least two foot-candles.
(4) Manager Required. Any public dance, private dance, special dance or youth dance shall have a responsible person on the premises to act as manager and supervise employees at all times during which the dance is ongoing. Such manager shall be permitted pursuant to PMC 5.04.050.
(5) Number of Employees.
(a) Every establishment at which a public, private, special or youth dance is conducted, having a capacity of 200 persons or less, shall provide at least one employee in constant attendance during the hours of operation of the public, private, special or youth dance.
Such establishment shall provide at least one additional employee for each incremental gain in capacity of 100 persons.
(b) These employees shall be responsible for maintaining order during the hours of operation of the public, private, special or youth dance, and checking the admission of minors, where applicable.
(c) The Director may require additional employees at any dance hall or establishment as the Director deems necessary.
(6) Age Restrictions.
Exhibit I
Ordinance No. 1612
(a) Generally. No person under 21 years of age shall be allowed into an establishment permitted for dance under this section unless:
(i) The establishment is a bona fide hotel, cafe or other public eating place where meals are regularly served and where a public dance or entertainment is held; or (ii) The establishment permitted for dance does not serve or allow to be consumed alcoholic beverages on the premises.
(b) Youth Dances. No alcoholic beverages shall be sold or consumed at any establishment at which youth dances are conducted.
(7) Readmission to Dance. A person permitted under this section shall not readmit into any establishment or event any person who has left such dance unless either:
(a) An admission charge not less than that charged to patrons entering such dance establishment or event for the first time is again paid; or (b) The permit specifically states that such readmission may be allowed. (8) Inspection Authority. Any City official or employee authorized to enforce the provisions of this chapter or this code may conduct an inspection of the premises permitted under this section at any reasonable time to ensure compliance with the provisions of this chapter.
(9) Employee Activities Prohibited. Employees shall not solicit or accept drinks from customers. (Ord. U-1030 §§ 16, 17, 1993; Ord. 898 § 2, 1990) (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. (3) “Pawnbroker” means any person engaged in the business of receiving goods, including motor vehicles, in pledge as security for a loan.
Exhibit I
Ordinance No. 1612
(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.
Exhibit I
Ordinance No. 1612
(1) Hours of Operation. No pawnbroker or secondhand dealer, nor any employee thereof, shall accept any pledge, or loan any money for personal property, or purchase or receive any goods, wares or merchandise, or any article or thing, or in any manner whatsoever engage in or conduct business as a pawnbroker or secondhand dealer between the hours of 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.
5.04.460 Entertainment Sidewalk vending
(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:
Exhibit I
Ordinance No. 1612
(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. (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. (4) Manager Required. All business establishments permitted under this section shall have a responsible person on the premises to act as manager at all times during which the establishment is open. Such manager shall be permitted pursuant to PMC 5.04.040.
Exhibit I
Ordinance No. 1612
(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. (Ord. 1605 § 40, 2023; Ord. 1108 § 2(c), 1997; Ord. U-1000 § 1, 1992; Ord. 915 § 3, 1991; Ord. 898 § 2, 1990)
(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.
Exhibit I
Ordinance No. 1612
(5) “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location.
(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:
Exhibit I
Ordinance No. 1612
(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.
(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.
Exhibit I
Ordinance No. 1612
(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 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.
Exhibit I
Ordinance No. 1612
(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.
(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.
Exhibit I
Ordinance No. 1612
(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. (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).
Exhibit I
Ordinance No. 1612
(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.
(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.
Exhibit I
Ordinance No. 1612
(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.
5.04.470 Escort bureaus and introductory services Mobile vending (A) Definitions. For purposes of this section, the following terms shall have the following meanings:
(1) “Escort” means:
(a) Any person who, for compensation, acts as a companion to other individuals, accompanying them to social affairs, places of entertainment, amusement, places of public assembly, or within any private quarters located within the City; or (b) Any person who, for compensation, acts as a companion to other individuals, accompanying them in or about any business or commercial establishment, or part or portion thereof, located within the City.
Exhibit I
Ordinance No. 1612
(2) “Escort bureau” means any business establishment which, for financial compensation, furnishes, or offers to furnish, escorts.
(3) “Introductory service” means a business which, for compensation, provides or offers a service, the principal purpose of which is to aid individuals to become socially acquainted or otherwise assist individuals to meet for social purposes, or which provides information to individuals about others for the purpose of facilitating their meeting. (B) Permitted Services. Escort bureaus, as defined in this section, are prohibited to operate in the City of Palmdale. Introductory services may be permitted in accordance with the provisions of this section.
(C) Permit Exemption. This section shall not apply to the lawful business of any employment office or employment agency permitted under state law. (D) Application Information. In addition to the information required by PMC 5.04.140, an application for a business permit for an introductory service shall contain the following information, as applicable:
(1) The full names, aliases and residential addresses of all escorts and employees and independent contractors employed by or intended to be employed by the applicant; (2) The last two previous addresses of the applicant and each employee; (3) The business, occupation, or employment of the applicant, and each employee for the last three years immediately preceding the application; (4) The sex, height, weight, hair and eye color of the applicant, and each employee; (5) Photographs and fingerprints of the applicant and each employee; (6) If the applicant is not the owner of record of the real property upon which the introductory service is or is to be located, the application shall be accompanied by a notarized statement from the owner of record of the property acknowledging that an introductory service is or will be located on the property. In addition to furnishing such notarized statement, the applicant shall furnish the name, business telephone number and business address of the owner of record of the property, as well as a copy of the lease or rental agreement pertaining to the premises in which the introductory service is or will be located; and
(7) A description of the service to be provided.
Exhibit I
Ordinance No. 1612
(E) Operating Requirements.
(1) Registration of Employees.
(a) Every employee of an introductory service shall register with the business license division and no introductory service shall hire or employ any employee who is not registered with the business license division.
(b) Every introductory service shall, within 24 hours, notify the business license division of every change in personnel of employees.
(2) Manager Required. Every introductory service permitted pursuant to this section shall hire a manager to oversee the operation of the permitted activity at all hours during which the service is open. Such manager shall be permitted pursuant to PMC 5.04.050, and must sign a statement indicating full knowledge of all applicable regulations. (3) Age Restrictions.
(a) A person conducting an introductory service shall not list or provide any individuals, or their names or addresses, for purposes of introduction or dating, who are less than 18 years of age.
(b) A person who conducts an introductory service shall not employ or date any person under 18 years of age.
(4) Record of Transaction.
(a) Every person managing an introductory service shall keep a record of every transaction showing:
(i) The names of any individuals introduced, as applicable; (ii) The full name, residence address, and telephone number of the patron or customer for whom introduction is made, as applicable. Every effort shall be made to verify the minimum age of youthful-appearing clients.
(b) The permittee shall keep all such records available for inspection by the Sheriff, any of his deputies, any Police Officer, or any person authorized to enforce the provisions of this code. The permittee shall deliver the records to the City or authorized agent upon request.
Exhibit I
Ordinance No. 1612
(5) Location. An introductory service may be permitted in the C-3 (General Commercial) Zone, pursuant to the applicable provisions of the zoning ordinance. (F) Bond Required.
(1) At the time of filing an application with the Director, the applicant shall file and thereafter maintain with the City a good and sufficient bond in the aggregate sum of $5,000, running to the City of the use and benefit of interested persons and parties, executed by the applicant and two or more responsible sureties, or a surety company authorized to do business in the state of California, which surety company shall be approved by the Director.
(2) Recovery for Damage. Any individual who sustains any injury covered by the bond may, in addition to any other remedy at law which the individual may have, bring an action in his or her own name upon the bond for the recovery of any damage sustained by that person. Upon such action being commenced, such bond shall not be void upon first recovery thereon but may be sued upon from time to time until the whole of the penalty shall be exhausted.
(3) Damages Covered. The bond shall protect patrons or customers of the introductory service from damages arising from any fraud or theft perpetrated by the owners, operators, or employees of such businesses as a result of the operation thereof. (G) Suspension or Revocation Conditions. In addition to the grounds specified in PMC
5.04.310, a permit to conduct an introductory service may be suspended or revoked if the Director or the City Council finds:
(1) That the permittee has committed, caused, encouraged, or condoned the commission of any lewd act or any act of prostitution; or
(2) That the business has been conducted, in whole or in part, as a subterfuge to facilitate or to conceal the conduct of any unlawful business or practice. (Ord. 1108 § 2(d), 1997; Ord. 915 § 4, 1991; Ord. 898 § 2, 1990)
(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 Exhibit I
Ordinance No. 1612
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.
(7) “Person” means any natural person, firm, partnership, association, corporation, or other entity of any kind or nature.
Exhibit I
Ordinance No. 1612
(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.
Exhibit I
Ordinance No. 1612
(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;
Exhibit I
Ordinance No. 1612
(g) A description of the logo, color scheme, insignia, and any other distinguishing characteristics identifying applicant’s business that will appear on each vehicle; (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 Exhibit I
Ordinance No. 1612
and/or performing any vending on behalf of the pedestrian solicitor along with an email and cellular number for such individuals; and
(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 Exhibit I
Ordinance No. 1612
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. (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.
Exhibit I
Ordinance No. 1612
(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 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 Exhibit I
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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 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.
Exhibit I
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(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. (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.
Exhibit I
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(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. (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 Exhibit I
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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.
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.
5.04.480 Fortunetelling Tobacco/smoking product retailer (A) Definitions. For purposes of this section, the following term shall have the following meaning:
(1) “Fortunetelling” means the practicing or carrying on of any art, profession or business which shall include, but not be limited to, the telling of fortunes, forecasting of futures, or furnishing of any information not otherwise obtainable by, the ordinary process of knowledge, for or without pay. “Fortunetelling” shall include, but not be limited to, “psychic reading,” “occult reading,” “clairvoyance,” “clairaudience,” “cartomancy,” “psychometry,” Exhibit I
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“phrenology,” “spirits,” “mediumship,” “seership,” “prophecy,” “augury,” “astrology,” “palmistry,” “necromancy,” “mind reading,” “tarot card readings,” “tea leaves,” “telepathy” or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, gypsy cunning or foresight, crystal gazing, and crystal reading of any kind or nature.
(B) Permit Exemptions.
(1) This section shall not apply to the licensed practice of psychology, psychotherapy, counseling, hypnotherapy, or any other related healing art which is licensed or regulated pursuant to the California Business and Professions Code. (2) This section shall not apply to any person who is engaged solely in providing fortunetelling services to groups by demonstrations of mind-reading, mental telepathy, thought conveyance, or the giving of horoscopic readings at public places and in the presence of and within the hearing of other persons and at which no questions are answered except in a manner to permit all persons present at such public place to hear such answers.
(C) Application Information. In addition to the information required by PMC 5.04.140, application for a permit for fortunetelling shall contain the following information:
(1) The last two previous addresses of the applicant;
(2) Photographs and fingerprints of the applicant and each employee; and (3) If the applicant is not the owner of record of the real property upon which the fortunetelling activity is or is to be located, the application must be accompanied by a notarized statement from the owner of record of the property acknowledging that a fortunetelling business or service is or will be located on the property. In addition to furnishing such notarized statement, the applicant shall furnish the name and address of the owner of record of the property, as well as a copy of the lease or rental agreement pertaining to the premises in which the fortunetelling business or activity is or will be located. (Ord. 898 § 2, 1990)
(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 Exhibit I
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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.
(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 Exhibit I
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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 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 Exhibit I
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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 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 sought 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.
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(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. (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.
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(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 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.
Exhibit I
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(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.
(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.
Exhibit I
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(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.
(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.
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(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.
(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.
Exhibit I
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(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
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 Exhibit I
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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.
5.04.490 Game arcades.
(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) Manager Required. A game arcade permittee shall provide a manager, pursuant to PMC 5.04.050, to oversee the operation and orderly use of the games in the game arcade. Such manager shall be present in the game arcade during all hours that it remains open.
(2) Visibility of Interior.
(a) The permittee shall maintain the interior premises of the game arcade in a manner such that it is clearly visible from the entrance to the establishment in which the game arcade is located.
(b) Notwithstanding 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 Exhibit I
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a manner such that it is clearly visible from the entrance into the game arcade. (Ord. 919 § 6, 1991; Ord. U-919 § 1, 1991; Ord. 898 § 2, 1990)
5.04.500 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:
(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;
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(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. (Ord. 1120 § 9, 1998; Ord. 898 § 2, 1990)
5.04.510 Health clubs.
(A) Definitions. For purposes of this section, the following terms shall have the following meanings:
(1) “Health club” means:
(a) Any business which offers or provides to the public on a membership basis, services, facilities, instruction, training or assistance in body building, exercising, weight reduction, figure development, aerobics or any other similar physical activity; (b) Any business which has therein steam rooms, saunas, shower stalls, swimming pools, soaking facilities such as spas, tubs or any other device in which a person can soak, such as a steam bath.
(2) “Health club contract” means a contract in the form and manner prescribed by California Civil Code Section 1812.80 et seq. between a health club and a consumer for health club services.
(3) “Health club closure” means the discontinuation or relocation of health club services in the manner, and at the location, specified in the health club contract. This shall not include temporary closures for a period of two weeks or less in order to make repairs or alterations to existing facilities.
(4) “Refund” means an amount equal to the pro-rated value of the remaining time on a health club contract at the time of a health club closure. Initiation and processing fees, if Exhibit I
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any, shall be included if such fees were paid within two years of the date of the health club closure.
(B) Permit Exemptions. The provisions of this section do not apply to:
(1) Health clubs located within a private residence, condominium, townhouse or apartment complex;
(2) A place where primary treatment in the practice of any healing art or profession is administered pursuant to the provisions of the Business and Professions Code or any other statute of the state of California;
(3) A place of employment where bathing facilities for the use of employees are required by law; or
(4) Any business permitted under this chapter as a massage establishment. (C) Operating Requirements.
(1) Term of Health Club Contract. No health club operating in the City shall contract to provide health club services for a period of time beyond which the health club has an ownership or leasehold interest to operate such health club. (2) Effect of Closure.
(a) Any health club closure due to repairs or alterations, resulting in the closure of said health club for a period of two weeks or longer, shall result in an extension of the consumer’s health club contract for the period of the health club closure, which extension shall be added to the remaining time period of the initial contract. The health club shall keep a record of all closures lasting for any period exceeding two weeks. (b) Any health club closure attributable to repairs or alterations, resulting in the closure of said health club for a period of three months or longer, shall comply with one of the following, at the option of the consumer:
(i) The consumer shall be granted an extension of the consumer’s contract for the period of health club closure, which extension shall be added to the remaining time period of the initial contract; or
(ii) The consumer shall be granted a refund of the amount remaining of the health club contract, pro-rated from the first day of the health club closure.
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(c) A health club closure due to the relocation of the health club shall result in one of the following:
(i) If the club is relocated within a reasonable distance (a five-square-mile radius) of its current location, then the consumer shall be granted an extension of the health club contract for the period during which the club is closed for relocation; or (ii) If the club is relocated to a location greater than a five-square-mile radius from the location specified in the consumer’s contract, the consumer shall be given, at his or her option, a refund of the amount remaining on the health club contract, pro-rated from the first day of the health club closure, or an extension of the contract on the terms specified in subsection (C)(1) of this section.
(3) Disclosure Statement. All health club contracts entered into in the City shall be accompanied by a disclosure statement which shall read, in bold face:
NOTICE TO CONSUMERS: In the event of a health club closure, you may have additional protections afforded by local law beyond those provided to you under state law. For more information, contact the City of Palmdale, Director of Finance, 38300 North Sierra Highway, Palmdale, California, 93550.
(4) Compliance Period. All health clubs shall comply with the requirements of this section on or before December 31, 1990.
(5) Sign at Main Entrance. A recognizable and readable sign shall be posted at the main entrance of every health club within the City identifying the establishment. Such sign shall comply with all requirements of this code.
(6) Maintenance of Facilities. All persons permitted to operate a health club pursuant to this chapter shall ensure that:
(a) Hot and cold running water is provided at all times; (b) Separate closed cabinets are provided for the storage of clean and soiled towels and these cabinets are plainly marked “Clean Towels” and “Soiled Towels”; (c) All equipment is maintained in a good state of repair and all walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical facilities of the establishment are in good repair and maintained in a clean and sanitary condition; Exhibit I
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(d) Clean and sanitary disposable towels are provided for each patron of the establishment. No common use of towels or linens shall be permitted; (e) The facility is adequately ventilated and air-conditioned; and (f) Separate changing and restroom facilities are provided for men and women. (D) Bond Requirements.
(1) Bond Required. No permit shall be issued or renewed pursuant to this section unless the applicant files with the Director a bond, executed by an admitted surety insurer, which meets all of the following requirements:
(a) The bond filed upon issuance of the permit shall be in an amount equal to the greater of: (i) $10,000, or (ii) an amount equal to the applicant’s estimate of the aggregate amount of prepaid initiation fees and prepaid annual and multi-annual membership fees to be received during the first year of business operations.
(b) The bond filed upon any renewal of the permit shall be in an amount equal to the greater of: (i) $10,000, or (ii) the aggregate amount received during the prior year as prepaid initiation fees and prepaid annual or multi-annual membership fees (less that amount of such fees actually applied to membership privileges), plus an amount equal to the renewal applicant’s estimate of such prepaid fees to be received during the ensuing year of business operations.
(c) The bond shall be for the benefit of, and shall be enforceable by, any person who suffers a loss as a consequence of a health club closure or as a consequence of any wrongful act of the permittee acting in the course and scope of the permittee’s business or by any official, agent or employee of the permittee acting in the course or scope of his or her employment or agency.
(d) The bond shall be maintained in full force and effect in the required amount as a condition of continuing to engage in business. Any permit issued under this section shall be automatically revoked whenever any such bond, for any reason, ceases to be effective.
(e) The bond shall contain an acknowledgement by the admitted surety insurer of its obligations, in the event of a health club closure, to administer and pay claims for refunds as provided for in subsection (E) of this section.
Exhibit I
Ordinance No. 1612
(2) Exemptions from Bond Requirements. A bond shall not be required for the issuance or renewal of a health club permit if the Director, after consultation with the City Attorney, determines that the applicant is eligible for an exemption based upon any one of the following criteria:
(a) The applicant is a nonprofit organization which has qualified for a tax exemption pursuant to the California Revenue and Taxation Code; or (b) The applicant charges consumers on a monthly or quarterly fee basis (excluding installment plans) and does not charge as an initiation fee an amount greater than the amount of the monthly fee; or
(c) The applicant has continuously provided health club services during the three-year period immediately prior to the date of the permit application, the applicant has unsecured and unencumbered assets in excess of $1,000,000, and the applicant warrants to the City, in a form approved by the City Attorney, that any subsequent sale or transfer of the health club shall be conditioned upon the applicant either providing refunds to consumers or requiring the successor to honor in full the terms and conditions of the applicant’s existing health club contracts. An applicant qualifying for an exemption pursuant to this subsection shall annually file, concurrent with its business permit renewal application, a statement certifying that the applicant continues to maintain unsecured and unencumbered assets in excess of $1,000,000; or
(d) The applicant provides evidence satisfactory to the Director that the sum of $75,000 has been deposited directly into a trust account in a federally insured bank or savings and loan association, that a trust has been created and will be maintained for the benefit of any person who suffers a loss as a consequence of any wrongful act of the permittee acting in the course and scope of the permittee’s business or by any official, agent or employee of the permittee acting in the course or scope of his or her employment or agency, and that the trustee of such trust account is obligated, in the event of a health club closure, to administer and pay claims for refunds as provided for in subsection (E) of this section.
(E) Administration of Refunds Following a Health Club Closure. (1) Processing and Disbursement of Refunds. If, within 30 days following a health club closure, the permittee fails to refund to its customers all prepaid sums for services not received, then the admitted surety insurer issuing the bond, or the trustee of the trust account, as applicable, shall have the following obligations:
Exhibit I
Ordinance No. 1612
(a) To establish a health club refund account consisting of the bond proceeds or the funds on deposit in the trust account, as applicable;
(b) To receive and review all claims by customers for refunds; (c) To determine the validity of all claims for refunds and to disburse refunds to those entitled to receive them; provided, however, that if all claims for refunds cannot be paid in full, such claims shall be paid on a pro-rata basis, taking into consideration the period of time remaining on the claimant’s contract with the health club; (d) Unless otherwise authorized by the City, no claim for a refund shall be accepted for processing more than six months after a health club closure, and no claims shall be paid until the end of said six-month period.
(2) Limitations on Recovery. No person may recover from the bond proceeds or from the funds in the trust account, as applicable, a sum greater than that which such person paid to the permittee; provided, however, that this limitation shall not restrict a person from alternatively pursuing civil remedies available under state or federal law and recovering sums greater than those paid to the permittee from sources other than the bond proceeds or funds in the trust account, as applicable. (Ord. U-1030 § 18, 1993; Ord. 944 § 1, 1991; Ord. 919 § 7, 1991; Ord. U-919 § 1, 1991; Ord. 898 § 2, 1990)
5.04.520 House and street numbering.
(A) Definition. For purposes of this section the following term shall have the following meaning:
“House and street numbering” means painting, stencilling or otherwise marking upon any curb, street, roadway, highway, or sidewalk any house number or address. (B) Application Information. In addition to the information required by PMC 5.04.140, an application for a house and street numbering permit shall contain the following information:
(1) The full name, residence address and telephone number of every person proposed to engage in house or street numbering;
(2) The streets and areas where such numbering is to take place and the hours during which it is to take place;
(3) A brief description of the equipment used or to be used for such numbering and the brand of paint used or to be used for such numbering;
Exhibit I
Ordinance No. 1612
(4) Photographic identification, as defined in PMC 1.04.100, of all persons proposed to engage in such numbering; and
(5) The rates to be charged for such numbering.
(C) Exemptions – Fees. A bona fide nonprofit organization customarily holding regular meetings in the City may be exempted from payment of the permit fee. (D) Permit – Contents. Each permit for house and street numbering shall contain the following information:
(1) The name of the permittee;
(2) The name of the painter, if different from that of the permittee; and (3) The rates to be charged for such work.
(E) Operating Requirements.
(1) Consent of Owner or Occupant. No person shall engage in house and street numbering without first obtaining the written consent of the owner or occupant of the subject premises.
(2) Hours. No person shall engage in house and street numbering in any area of the City zoned for residential use under this code, from 8:00 p.m. until 9:00 a.m. of the following day.
(3) Numbering. Any numbers or markings shall be painted on the curb immediately fronting the designated premises in black on a white and beaded background. Such numbers or markings shall be eight inches in height and one inch in width. (4) Identification. Every person engaging in house or street numbering shall have in his or her possession, and exhibit to any occupant or owner of property for which he or she is painting such numbering, the permit required by this section. (5) Quality Inspection. If the house or street numbering done is of poor quality or appearance, as determined by the Director, the permittee shall, upon notification and within a reasonable time, redo the numbering at no charge. (Ord. 1317 § 5, 2007; Ord. 898 § 2, 1990)
Exhibit I
Ordinance No. 1612
5.04.530 Hypnotist.
(A) Definitions. For purposes of this section, the following words shall have the following meanings:
(1) “Hypnosis” means a state that resembles normal sleep but which is in fact induced by a person with whom the subject remains in rapport and susceptible to suggestion. (2) Hypnotist” means one who practices hypnosis.
(B) Exemption. This section shall not apply to licensed psychologists or physicians who practice hypnosis as part of their psychological or medical practice. (C) Application Information. In addition to the information required by PMC 5.04.140, an application for a hypnotist’s permit shall contain the following information:
(1) The applicant’s record of convictions for any violations of law, except minor traffic violations;
(2) The applicant’s employment history for the prior five years; (3) The names, addresses and phone numbers of at least three references who have known the applicant for more than three years;
(4) The applicant’s fingerprints;
Proof that the applicant is registered with a hypnotist’s organization approved by the Office of Private Post Secondary Education of the California Department of Education, and that the applicant is a member of at least one statewide or nationwide organization of professional hypnotists.
(D) Operating Requirements.
(1) Insurance. Every permittee shall maintain a policy of liability insurance, pursuant to PMC 5.04.240, with liability coverage in the sum of $100,000. (2) Qualifications. Every hypnotist permittee shall maintain the registration and membership set forth in subsection ©(5) of this section in full force and effect throughout the term of the permit. (Ord. 898 § 2, 1990)
Exhibit I
Ordinance No. 1612
5.04.540 Reserved.
5.04.550 Locksmith.
(A) Definition. For purposes of this section, the following term shall have the following meaning:
“Locksmith business” means the business, trade or occupation of making or fashioning keys for locks or similar devices, whether from a fixed location or otherwise; or constructing, reconstructing, or repairing or adjusting locks, or opening or closing locks for others by mechanical means other than the use of regular keys furnished for that purpose by the manufacturer of the locks. The definition of locksmith business does not include a person who only duplicates keys.
(B) General Requirements.
(1) Identifying Number Requirements. Each permit issued for a locksmith business shall contain an identifying number, which number the Sheriff shall assign. Each locksmith shall stamp such identifying number on every key made, repaired, sold or given away by him, except a key merely duplicated from another key.
(2) State License Required. No permit shall be issued for a locksmith business unless the applicant is duly licensed as a locksmith by the state of California. (Ord. 944 § 2, 1991; Ord. 898 § 2, 1990)
5.04.560 Massage establishments and massage technicians. (A) Definitions. For purposes of this section, the following words and phrases have the following meanings:
(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.
Exhibit I
Ordinance No. 1612
(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 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
Exhibit I
Ordinance No. 1612
(A) The association has established rules of ethics and has enforcement procedures for the suspension or revocation of membership for violation of those rules. (1) “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;
(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.
Exhibit I
Ordinance No. 1612
(1) 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 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 Exhibit I
Ordinance No. 1612
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;
(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 Exhibit I
Ordinance No. 1612
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;
Exhibit I
Ordinance No. 1612
(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;
Exhibit I
Ordinance No. 1612
(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 © 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.
Exhibit I
Ordinance No. 1612
(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 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.
Exhibit I
Ordinance No. 1612
(a) 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. (b) 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. No colored lights may be used nor may any coverings be used which change the color of the primary light source. (c) 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. (d) 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.
(e) 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.
(f) 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.
(g) 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 Exhibit I
Ordinance No. 1612
durable, washable plastic or other waterproof material. Beds, floor mattresses, and waterbeds may not be used in the administration of a massage. (1) 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. Instruments used in performing massage may not be used on more than 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.
Exhibit I
Ordinance No. 1612
(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 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 Exhibit I
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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. (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 Exhibit I
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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, 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, Exhibit I
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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;
(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:
Exhibit I
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(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;
(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 Exhibit I
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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.
(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.
Exhibit I
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(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.
(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.
Exhibit I
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(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 © (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 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 © 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 Exhibit I
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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 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 Exhibit I
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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. (Ord. 1408 § 4, 2010; Ord. 1382 §§ 1, 2, 2009; Ord. 1090 § 10, 1997; Ord. 915 § 5, 1991; Ord. 898 § 2, 1990)
5.04.570 Motion picture theater.
(A) Definitions. For purposes of this section, the following words shall have the following meanings:
(1) “Motion picture theater” means a building, structure, or establishment at which motion pictures are played or exhibited and for which a fee is charged. (2) “Adult motion picture theater” shall mean the same as the definition given in PMC
5.04.400(B)(1)(f).
(B) Operating Requirements.
(1) Remodeling or Enlargement of Theater. Any motion picture theater that has been closed for a continuous period of 30 days, and any theater that has been erected or structurally altered or enlarged, shall not be opened to the public without first having an inspection by, and the written permission of, the Division of Building and Safety and the Fire Department.
Upon application by the owner, agent or lessee, the Division of Building and Safety shall cause an inspection to be made of all the public safety devices of the theater building, and if they are found to comply with the requirements hereof, shall cause such written permission to be issued forthwith. In the event the public safety devices, appurtenances, exits, or stairways are not in a secure and safe condition, they shall be put into such condition before any motion picture is exhibited and before the building is opened to the public. The Division of Building and Safety shall have the right to close any theater building when any owner, lessee, manager, or agent refuses to comply with the provisions hereof, and such theater building shall remain closed until all such requirements applicable thereto shall have been complied with.
Exhibit I
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(2) Smoking in Motion Picture Theaters. Smoking shall not be permitted in the auditorium or balcony of any theater nor in any place where motion pictures are exhibited, except lounges, dressing rooms, or offices.x
(3) Fire Extinguishers Required. In addition to the fire extinguishing equipment required in all occupancies, as defined by the building codes of the City, there shall be installed not less than two class A fire extinguishers, as defined in the State Fire Marshal’s Code, on each floor, including the basement. Adjacent to main switchboards, there shall be maintained not less than two class C fire extinguishers as defined in the State Fire Marshal’s Code. In addition thereto, there shall be installed such number of fire axes and fire hooks as the Fire Department may order.
(4) Rewinding Film in Closed Cabinet. All rewinding of film shall be done in an enclosed cabinet of a type approved by the Fire Department. All film, records, and other combustible material used in connection with the projection of pictures shall be kept in metal lockers or cabinets, except when in actual use.
(5) Smoking or Open Flame in Booth Prohibited. No person shall smoke or maintain any open flame or other source of ignition within any motion picture machine booth. A sign bearing the words “No Smoking Permitted” shall be displayed in a conspicuous location within such motion picture machine booth.
(6) Automatically Operated Safety Devices – Testing. The Division of Building and Safety may require that all automatically operated safety devices be tested not less than once every 30 days to determine that they are in proper working condition. (1) Projection Rooms and Booths.
(a) No unauthorized person shall be allowed inside any motion picture machine booth when it is being used for the projection of motion pictures. (b) The requirements for projection rooms shall be those requirements which are enumerated in the latest edition of the Uniform Building Code as adopted and amended by the City.
(8) Hazardous Conditions. It is unlawful to admit or allow the admission of the public to a theater after receiving notice or obtaining knowledge of the existence of any hazardous condition within the theater which is injurious to the public health, safety, or welfare. Such hazardous conditions may include, but are not limited to, loose or improperly attached fixtures, unsanitary conditions, damaged or defective seats, defects in or damage to the floor, floor covering or carpeting, obstructions in aisles, and insufficient illumination or Exhibit I
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inoperative light bulbs. (Ord. 1408 § 4, 2010; Ord. 1108 § 2©, 1997; Ord. 915 § 6, 1991; Ord. 898 § 2, 1990)
5.04.580 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. (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;
Exhibit I
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(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 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. (a) 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. (b) 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. (c) 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. (Ord. 1402 § 8, 2010; Ord. 1317 § 6, 2007; Ord. 944 § 3, 1991; Ord. 898 § 2, 1990)
5.04.590 Sidewalk vending.
(A) Definitions. As used in this section, the terms listed below shall have the following meaning assigned to them:
Exhibit I
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