HomeMy WebLinkAboutORD 09 (2007)ORDINANCE NO.0g (2007)
AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING THE DIAMOND BAR
MUNICIPAL CODE BY REPEALING TITLE 5 OF THE DIAMOND BAR MUNICIPAL CODE IN
ITS ENTIRETY AND REPLACING IT WITH A NEW TITLE 5 ESTABLISHING A BUSINESS
LICENSING PROGRAM
The City Council of the City of Diamond Bar does hereby ordain as follows:
Section 1. Title 5 of the Diamond Bar Municipal Code is repealed in its entirety and replaced
with a new Title 5 to read as follows:
Title 5 Business Licensing
Chapter 5.00. Business Licenses Generally
Section 5.00.010 Definitions.
The following words, terms and phrases, when used in this Title, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Applicant means a person who has applied for, but not obtained, a business license or renewal
required by this Title.
Application means a written request made to the City by the applicant for a business license or
renewal required by this Title.
Business means any employment, avocation, occupation, profession, trade, calling, lawful
game, show, exhibition, event, venture, fund-raising activity, commercial enterprise, company,
corporation, joint enterprise, place of business, partnership or other activity or enterprise
engaged in for gain, profit, benefit, advantage, or livelihood, whether or not a gain, profit,
benefit, advantage or livelihood is earned by such business.
Branch Establishment means a location where a business is conducted in addition to its main or
fixed place of business.
Business License means a license issued pursuant to this Title by which each business owner
having a business or is doing business in the City is required to provide general information to
the City and obtains a license prior to conducting business in the City.
City means the City of Diamond Bar.
Director means the Director of Community Development.
Home Based Business means a business conducted within a residential dwelling unit or
structure, employing occupants of the dwelling unit, with the business activity being subordinate
to the residential use of the property.
Person means and includes any business owner, individual, firm, co -partnership, joint venture,
association, corporation, estate, business trust, or any other group or combination acting as a
unit.
Premises means all lands, structures, places and also the personal property, equipment and
appurtenances connected with or used in any business.
Section 5.00.020 Purpose.
The purpose of this Title is to establish a regulatory mechanism whereby the City may review
the management and ownership of specific types of businesses, maintain an accurate record of
businesses conducting business in the City for statistical purposes and to assist in zoning
compliance. The business license program is not designed to raise revenue, nor is it a
substitute for land use regulations.
Section 5.00.030 Business License and Fee Required.
a. Business License.
1. No person shall conduct any business in the City without first having
obtained a business license, paid the applicable business license fee and
complied with any and all applicable provisions of this Code.
2. A separate business license shall be obtained for each business location
and for each separate type of business at the same location.
3. A home based business shall be required to obtain a business license
prior to conducting business within a residential dwelling unit or on
residential property.
4. Except as otherwise provided in this Title, an employee of a business that
has obtained a valid Diamond Bar Business License is not required to
obtain a separate business license.
5. A business license shall not be issued to a business that requires training
or state licensing for the business owner, or for each technician or
employee, until satisfactory proof of training or licensing is provided to the
City. These businesses include without limitation, barbers,
cosmetologists, estheticians and manicurists.
6. A business license shall not be issued to a business that requires
Workers' Compensation Insurance until satisfactory proof of having
Workers' Compensation Insurance is provided to the City.
b. Fee Required.
1. Every person engaging in business in the City shall pay a business
license fee as prescribed by resolution adopted by the City Council.
2. When a business license fee is imposed upon any business pursuant to
this Title and such business is conducted at one or more fixed places of
business and one or more branch establishments, the fee shall be
computed as if each fixed place of business and branch establishment
are separate and independent.
3. The business license fee is not a revenue raising device, but shall bear a
reasonable relationship to the costs incurred by the City in reviewing,
processing and action upon the application.
4. The City Council shall, from time to time, review the resolution fixing the
business license fee and shall adjust the business license fee to reflect
the City's costs.
C. The following businesses are exempt from paying the business license fee upon
satisfactory proof that the business meets the requirements for the exemption:
1. Non-profit and charitable organizations;
2. Businesses exempt from paying fees under the Constitution of the United
States or the State of California, or under the laws of the State of
California.
d. Evidence of doing business. When a person by use of signs, circulars, cards,
telephone book, or newspapers, advertises, holds out, or represents that such
person is conducting business in the City, or when a person holds an active
license or permit issued by a government agency indicating that such person is in
business in the City, then these facts shall be considered prima facie evidence
that such person is conducting a business in the City for purposes of this Title.
Section 5.00.040 General Application Procedures.
a. Applications for a business license shall be filed with the City and shall comply
with the following requirements:
1. Completion of an application on the form designated by the City and
signed by the applicant under penalty of perjury;
2. Applications shall be filed a minimum of thirty days prior to the date
requested for issuance of the permit;
3. Payment of the applicable filing fee; and
4. Such other information as may be required by the City.
b. Except as otherwise provided in Chapters 5.04 and 5.08 of this Title, the City
shall process the application and issue a business license upon receipt of a
completed application and the required fee. The application may be reviewed by
the Department of Finance, Community Development and other City departments
or governmental agencies to determine if the business operations and premises
to be occupied meet the requirements of federal, state, and/or local laws.
C. Contents of General Business License Application.
Each business license application shall contain the following:
A.
Business name;
B.
Business address;
C.
Permanent Mailing address of the applicant;
D.
Phone number;
E.
Fax number;
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F. Employer I.D. Number (or Social Security number);
G. State resale permit;
H. State employer I.D. number;
I. State contractors/business and profession license number (if
applicable);
J. Description of the business being conducted;
K. Days and hours of operation:
L. Start date;
M. Type of ownership;
N. Owners or principal officers;
O. Description of all vehicles and mechanical equipment owned
by or under the control of the business;
P. Business license number (in the case of a renewal application);
Q. Business license fee paid;
R. Health permit number (if applicable);
S. Workers' Compensation Insurance Policy number, date and
date of expiration (if applicable);
T. Proof of any other required county, state or federal training and/or
license or permit; and
U. Such other information as may be required by the application
form or requested by the City for enforcement and
administration of this Title.
Section 5.00.050 Contents of a Business license.
Upon the payment for a business license and pursuant to any applicable provisions of
Chapters 5.04 and 5.08 of this Code, the City shall issue a Business license to the
applicant which shall contain the following:
a. Type of business;
b. Name of business;
C. Business location;
d. Business owner;
e. Expiration date;
f. Business license number;
g. Amount of fee paid for business license; and
h. Such other information as deemed necessary by the City.
Section 5.00.060 Annual Renewal of a Business License
a. Except as otherwise provided in this Title, when an applicant submits a timely
business license renewal application and pays the renewal processing fee as set
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by resolution of the City Council, the City shall renew the license, to be effective
upon the expiration of the old license. In the case of a business activity having a
fixed location, application for a license for a different location is not a renewal and
shall be deemed a new license application.
b. Renewal Application Deadlines. Every person desiring to continue in business
after the expiration of the license period shall file a renewal application and pay
the required renewal fee not less than thirty days prior to the expiration of the
license period.
C. Late Applications - Renewal applications submitted after the application deadline
are subject to the delinquent business license fees set forth in Section 5.00.070.
Late renewal applications will not be processed until the applicant has paid all
required fees.
Section 5.00.070 Delinquent Business License Fee and Action to Collect
a. Delinquency Fees. Any person engaging in business in the City who fails to pay
the appropriate business license fee shall be subject to the following:
1. Applications for a business license that are not accompanied by the
required business license fee or any delinquency fees that have accrued
will not be processed until such fees have been paid in full.
2. For person's conducting business without having obtained a business
license, the required fee shall be doubled for each consecutive 30 -day
interval that the business was conducted without a license calculated
from the first day the person engaged in the business provided that the
total amount of fee and the late fee combined shall not exceed $500.
3. For failure to pay the annual renewal fee when due, the required fee shall
be doubled on the day following the last day of each consecutive 30 -day
interval following the due date while the fee remains unpaid provided that
the total amount of fee and the late fee combined shall not exceed $500.
b. Action to collect. Should legal action be required to collect any delinquent fee, an
additional amount shall be charged equal to the cost incurred by the City in
collection of the fee, including reasonable attorneys fees.
Section 5.00.080 Temporary license
Pending the approval of a business license following approval of a CUP for the premises
pursuant to Chapter 22.58 of this Code, the Director may approve a no -fee temporary license
for a period not to exceed three months if there is no record of problems caused by the business
or outstanding violations of this Code or any other law related to the business. Such temporary
license shall be cancelled automatically and shall be invalid when the applicant's license has
been issued or the application therefore has been denied.
Section 5.00.090 Business License - Operative Date.
a. Generally. The operative date for a new business license shall be the date of
approval of the application.
b. Renewals. The operative date for a business license renewal shall be the date
following the date of expiration of the previous year's license.
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Section 5.00.100 Refunds.
No business license fees or delinquent fees collected shall be refundable.
Section 5.00.110 Duplicate Business License
Upon filing a statement indicating that a business license has been lost or destroyed, and after
paying a replacement fee, a duplicate business license shall be issued by the City.
Section 5.00.120 License Transfers and Changes.
a. Transfers of Ownership. A new business license is required whenever there is a
transfer in ownership of a business. The following transactions shall be
considered transfers:
1. The addition or withdrawal of a new partner or partners; or
2. The transfer of a business from one partnership to another; or
3. The transfer of a business from a partnership to a corporation; or
4. The transfer of a business from one corporation to another; or
5. The transfer of a business from a corporation to a partnership; or
6. The transfer of a business from a corporation to an individual, or vice
versa, unless the corporation and the individual are the same person; or
7. The transfer of a business from a partnership to an individual, or vice
versa; or
8. The transfer of a majority share of stock in a corporation from one
shareholder to another.
b. Change of Name. A new business license is required whenever there is a
change of name of a business. If there is no transfer of ownership or change in
the nature or scope of business or in the business location and if the licensee
operating under the previous name had a valid business license at the time of the
change of name, the new license shall be issued upon filing of a complete
application and payment of all required fees.
C. Change of Location. A new business license is required whenever there is a
change in location of a business.
d. Change in Business. A new business license is required whenever there is a
change in the nature or scope of the business.
Section 5.00.130 Assignment of License Prohibited.
The assignment of or attempt to assign any license issued pursuant to this Title is unlawful and
any such assignment or attempt to assign a license shall render the license null and void.
Section 5.00.140 Business License Fee Received by Mail.
Whenever any payment, statement, report or other communication is received after a deadline
prescribed by this Title, but is received in a sealed envelope with a postmark dated on or before
such deadline, the City may regard such payment, report or other communication as having
been received timely.
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Section 5.00.150 Posting and Keeping of Business License.
a. Any person engaging in business at a fixed location or branch establishment in
the City shall keep a business license posted in a conspicuous place upon the
premises where the business is carried on.
b. Any person engaging in business, but not operating at a fixed location or branch
establishment in the City, shall be in possession of a business license at all times
while engaged in such business in the City.
Section 5.00.160 Authority to Enforce/Entry to Inspect.
a. Authority to Enforce. The City shall have authority to enforce each of the
provisions of this Title. The Los Angeles County Sheriffs Department and other
City departments shall render assistance in the enforcement of this Title as may
be necessary. The City Attorney is authorized to file a complaint against any
persons found in violation of this Title.
b. Entry to Inspect. The City, deputy sheriff, fire inspector, and other City officers
empowered to enforce the provision of this Title, shall have the power and
authority to enter into a business, free of charge and at any reasonable time, and
required to see the business license posted in a conspicuous place upon the
premises.
Section 5.00.170 Insurance and Bond Requirements.
a. License Validity and Grounds for Suspension. Whenever the provisions of this
Title require an applicant for any business license to procure, post or maintain in
effect any surety or policy of insurance, any business license so issued is good
only while such surety or policy of insurance is in full force and effect. The license
shall automatically be suspended without notice if at any time such surety or
policy of insurance is not in full force and effect. The Director of Community
Development shall notify the licensee in writing of any suspension, pursuant to
this section and within ten days thereafter, the licensee may request in writing a
hearing before the City Council. The City Council shall hold a public hearing in a
manner consistent with Chapter 5.04, and as indicated by the evidence received
at the hearing, may revoke the license or terminate the suspension and restore
the license. If the licensee does not request a hearing, the license is
automatically revoked at the end of ten days following the notification of
suspension.
b. Cancellation of Insurance. Except as otherwise provided, a policy of insurance
required under this Title shall not be accepted unless it is not subject to
cancellation or unless it provides that it shall not be canceled until thirty days
after the insurer or surety gives notice thereof to the Director. If a licensee learns
that such a policy of insurance will be or has been canceled, such licensee shall
notify the Director within three days of such notice. If a new policy of insurance
acceptable to the Director is filed before the old one is canceled or expires, then
the license will continue in full force. Any employee, officer or department
informed of any change or cancellation of any insurance policy required under
this Title shall immediately notify the Director of such change or cancellation.
C. Contents of Insurance Policy. In every instance where an insurance policy is
required for the licensing of a particular business, such insurance shall fulfill the
following requirements unless the Director directs otherwise:
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1. It shall be primary and not contributing to any other insurance maintained
by the City;
2. It shall name the City of Diamond Bar, its City Council, and its officers,
agents and employees as additional insureds;
3. Its liability limit shall be a minimum of one million ($1,000,000.00) dollars;
4. It shall bear a deductible in an amount satisfactory to the Director;
5. It shall be provided by an insurer satisfactory to the City of Diamond Bar;
and
6. It shall provide the Director with thirty days prior notice of any cancellation
or modification of the policy.
d. Indemnification. Whenever this Title requires that a business license applicant or
licensee indemnify the City, the applicant or licensee shall be required to sign an
indemnification statement that reads substantially as follows:
It shall be a condition of each license issued under this section that the
licensee agrees to indemnify, hold harmless, and defend the city and its
Council and each member thereof, and every officer and employee of the
city, from any and all liability or financial loss resulting from any suits,
claims, losses, or actions brought by any person and from costs and
expenses of litigation, including attorney fees, by reason of injury to any
person, including, but not limited to, officers and employees of the
licensee, performed under and pursuant to such license or any and all
activities, operations, and conditions in any manner connected therewith
or pertaining thereto. Such indemnity shall include, but not be limited to,
any and all liabilities, demands, claims, damages, losses, costs and
expenses caused or alleged to have been caused by any negligent or
other act of any such licensee.
Section 5.00.180 Violations.
Any person violating this Title shall be guilty of a misdemeanor as provided in Section
1.04.010(a). The commencing or conducting of any such business without having first procured
such license, or without having complied with any and all such requirements or provisions shall
constitute a separate violation of this Code for each and every day that such business is so
commenced or conducted. It is a violation of this Title to knowingly make a false statement in
any application for a license or permit or in any report required under this Title.
Section 5.00.190 Withholding a Business license.
The City shall withhold a business license to engage in business from any person when there
are pending violations of any City code against such person and/or business applying for a
business license, or when a debt is owed to the City as a result of a violation of this Code.
Section 5.00.200 Remedies Cumulative.
All remedies prescribed in this Chapter shall be cumulative and the use of one or more
remedies by the City shall not prohibit the use of any other remedy for the purpose of enforcing
the provisions of this Chapter.
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Chapter 5.04 Supplemental Procedures Required for Specific Businesses
Section 5.04.010 Investigation of Specific Businesses
Section 5.04.020 Application
a. In addition to the application requirements listed in Section 5.00.040(C),
applications for a business license for the businesses listed in this Chapter shall
include, as applicable:
1. The name and permanent address of all persons having a financial
interest in the operation of the business or premises where the business
is to be located;
2. A detailed description of the proposed business and services provided,
including whether food, beverages or alcohol will be served on the
premises, and any further information about the business, as the Director
may deem necessary;
3. The name or names of the person or persons responsible for the
management or supervision of applicant's business;
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a. Upon receipt of an application for one of the following businesses, the Director
or his or her designee shall conduct an investigation and criminal background
check
on the applicant(s), and managerial staff as deemed necessary by the
Director,
and may obtain reports from the Sheriff's Department, Building and
Safety,
Fire Department, County Health Department, and any such other
information as he or she deems necessary to determine if the criteria for
issuance of a business license have been met:
1.
Acupressure and acupressure technicians
2.
Adult oriented businesses (as defined in Section 22.80.020 of this Code)
3.
Alarm systems
4.
Alcoholic beverage sales (off-site consumption)
5.
Bars and nightclubs
6.
Computer services/network gaming center (as defined in Section
22.80.020)
7.
8.
Entertainment Establishments
Firearm Dealers
9.
Indoor amusement/entertainment facilities (as defined in Section
22.80.020)
10.
Massage establishments and massage technicians
11.
Pawnbrokers and second hand dealers
12.
Peddling -Solicitation
13.
Psychic Reading (as defined in Section 22.80.020 of this Code)
14.
Tow trucks and towing companies
Section 5.04.020 Application
a. In addition to the application requirements listed in Section 5.00.040(C),
applications for a business license for the businesses listed in this Chapter shall
include, as applicable:
1. The name and permanent address of all persons having a financial
interest in the operation of the business or premises where the business
is to be located;
2. A detailed description of the proposed business and services provided,
including whether food, beverages or alcohol will be served on the
premises, and any further information about the business, as the Director
may deem necessary;
3. The name or names of the person or persons responsible for the
management or supervision of applicant's business;
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4. Whether or not the applicant or any person or persons responsible for the
management or supervision of applicant's business have been within the
previous five years, convicted of a crime, the nature of such offense, and
the sentence received therefore including conditions of parole or
probation, if any;
5. Whether or not the applicant has ever had any permit or license issued in
conjunction with the operation of a business revoked, including the date
thereof and name of the revoking agency;
6. Documentation showing that the premises is in full compliance with Title
22 Development Code; and
7. Such other reasonable information as the Director may deem necessary.
b. Where the applicant is a corporation, association, partnership, or other legal
entity, applicant shall mean each partner, officer, director and each shareholder
owning or controlling more than 10% of such entity.
Section 5.04.030 Investigation
Once a completed application for one of the businesses listed in Section 5.04.010 is
received and the applicant pays the prescribed application fee, the Director or his or her
designee shall initiate an investigation and criminal background check of the
applicant(s), and managerial staff as deemed necessary by the Director, which may
require the individuals to be fingerprinted and to provide a copy of a valid photo
identification. The purpose of this investigation is to assist the Director in determining if
the business license should be granted.
Section 5.04.040 Review and Approval
Business license applications for businesses listed in Section 5.04.010 shall be subject
to the approval of the Director or his or her designee.
Section 5.04.050 Grounds for Denial of Business License
a. Except as otherwise provided in this Title, the Director may deny an application
for a business license or renewal license for any of the following causes arising
from the acts or omissions of the applicant or licensee:
1. Fraud, misrepresentation, or false statement in applying for a new or
renewed license or in any report or record filed with the City;
2. Any relevant violation of this Code;
3. A violation of the conditions or restrictions of the previous business
license in the case of a renewal;
4. Conviction of any crime within the past five years where the trait shown is
inconsistent with carrying on the business, occupation, or activity for the
benefit of the public;
5. Conducting the business, occupation, or activity for which the license is
issued in a manner determined to constitute an immediate threat or
menace to the health or safety of the public. Failure to correct
objectionable conditions constituting a public nuisance within a
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reasonable time after lawful notice from a governmental entity shall be
prima facie proof thereof;
6. Failure to abide by the disciplinary action imposed by the appropriate City
officer.
Section 5.04.060 Effect of Business License Denial
a. Limitation on New Applications. If an applicant's business license application for
a particular business activity has been denied, the City shall not process a new
application by that applicant for that business activity for a twelve month period
after the date of the decision to deny unless the Director determines that the
reason for the denial has been cured and no longer exists.
b. Appealability. Any person dissatisfied by the City's decision to grant, deny or
condition a business license may appeal that decision to the City Council in a
manner provided Section 5.04.080.
Section 5.04.070 Conditions of Approval
a. Right to Condition New License. The Director, or his or her designee, may
condition any new business license if he or she finds that the conditions relate to
the anticipated impacts of the business and are reasonably necessary to mitigate
those impacts.
b. Application to Change Conditions. The City Council may change, modify or
eliminate any conditions previously placed on a license upon written request if it
finds that the reasons for the original imposition of such conditions have been
cured or no longer exist. Applications to change conditions shall be noticed and
set for public hearing in a manner consistent with this Chapter.
Section 5.04.080 Appeal.
a. Any person dissatisfied with a decision of the City to approve, deny or condition a
business license application may appeal the decision to the City Council by filing
with the City Clerk a notice of appeal within fifteen days of the date of mailing of
the decision.
b. A notice of appeal shall be signed by the appellant or the legal representative of
the appellant and shall state that the appellant appeals from a specified decision
or a particular part thereof. The notice of appeals shall be accompanied with the
required appeal fee, as set by resolution of the City Council.
C. If a timely appeal is filed, the effect of the decision shall be stayed pending the
Council's resolution of the matter unless the Director specifically finds that the
public health and safety is endangered, in which case the decision shall take
effect immediately.
Section 5.04.090 Appeals - Notice of Hearing.
Upon receipt by the City Clerk of a timely notice of appeal, a public appeal hearing shall be
noticed and set for public hearing in a manner consistent with Section 5.04.120.
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Section 5.04.100 Appeals - Hearing Procedure.
The City Council shall conduct the appeal hearing de novo and shall hear and consider
evidence, argument and points and authorities of law, and may require parties before it to
submit such argument and points and authorities of law prior to rendering any decision. The
hearing will be held as provided in Section 5.04.130.
Section 5.04.110 Modification, Suspension or Revocation
Any license issued by the City may be conditioned, modified, suspended or revoked for cause
by the City Council in accordance with Section 5.04.140.
Section 5.04.120 Notice to Licensee.
Notice of the time and place of the public hearing shall be served at least ten days prior to the
hearing on the applicant and upon all owners and tenants of the properties within 500 feet of the
exterior boundaries of the business premises in the manner specified in Section 1.00. 120 of this
Code.
Section 5.04.130 Procedure for Hearing.
a. The licensee or legal representative of the licensee shall have the right to bring
witnesses to testify on his or her behalf.
b. Hearings need not be conducted according to technical rules relating to evidence
and witnesses.
C. The City Council shall issue its decision by written decision. The decision shall
contain a determination of the issues presented.
d. The decision of the City Council shall be final.
Section 5.04.140 Grounds for Revocation of Business License.
The City Council may condition, suspend or revoke a business license if the Council finds any of
the following:
a. The licensee, manager or employees have failed to maintain the premises in a
neat and clean condition and have allowed the business premises to deteriorate
and become blighted;
b. That the building, structure, or equipment used in the conduct of the business
does not comply with or fails to meet any health, zoning, fire, or building and
safety laws of the State of California or the Diamond Bar Municipal Code;
C. That the licensee, manager or employees have violated any statute or any
ordinance of the Diamond Bar Municipal Code resulting from any act performed
in the exercise of any rights permitted by the issuance of the license;
d. That the licensee, manager or employees have violated any provision of federal
or state law or any provision of the City of Diamond Bar Business License
Ordinance, the City of Diamond Bar Municipal Code or any other statute, rule,
permit or regulation on the business premises or relating to the licensed activity;
e. That the licensee has failed or refused to notify the City of any change in facts as
required by this Title within ten days after such change;
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f.
That the licensee, manager or employees have permitted, allowed or failed to
prevent the use of the business as a base or magnet for unlawful or criminal
activity, including, but not limited to, solicitation, prostitution and drug trafficking;
g.
The licensee, manager or employees have allowed or failed to discourage
criminal or otherwise unlawful activity to occur on or immediately adjacent to the
business premises;
h.
The licensee, manager or employees have failed to control the actions of the
businesses' patrons in and immediately adjacent to the business premises; or
i.
That the licensee has conducted the licensed business in a manner contrary to
the peace, health, safety and the general welfare of the public.
Section 5.04.150
Effect of Revocation or Suspension.
a.
No business license fee refunds shall be issued to any licensee upon revocation
or suspension of a business license.
b.
Upon revocation of any business license for cause under this Chapter, no
business license to operate the same business activity shall be granted to the
same person, corporation, association, partnership, or other legal entity within
one year after such revocation.
C.
Whenever a license is suspended or revoked, the Sheriff shall take into
possession the business license for the subject business activity. The licensee
shall surrender the business license, license stickers, or similar evidence of a
license to the Director or Sheriff.
d.
Upon revocation or suspension of a business license, the licensee shall cease
operation of the business activity immediately. Except as otherwise provided, in
the event that the license is suspended, the licensee may resume operation once
the suspension period has expired.
Chapter 5.08 Operating Requirements for Specific Businesses Regulated
Section 5.08.010. Acupressure
Acupressure means the practice of placing physical pressure by hand, elbow, or with the
aid of various devices on different acupuncture points on the surface of the body.
Section 5.08.020. Adult Oriented Businesses
a. Adult oriented business shall be as defined in Section 22.80.020 of this Code.
b. In addition to the information required in Section 5.04.020, an application for an
adult oriented business license shall include the following information:
1. In the event the applicant is not the owner of record of the real property
upon which the adult business is, or is to be, located the application must
be accompanied by a notarized statement from the owner of the property
acknowledging that an adult business 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 adult business is or will be located.
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2. Proof that the applicant has complied with the requirements of
Section 22.42.020 of this Code.
C. Notwithstanding the provisions of this Title, the Director shall approve an
application for an adult oriented business unless he or she finds that one of the
grounds for denial set forth in Section 5.04.050 exist. The Director shall approve
or deny an application for an adult business license within 30 days of the filing of
a complete application.
d. The Director's decision may be appealed to the City Council as provided in
Section 5.04.080. The hearing on the appeal shall be held at the next regularly
scheduled City Council meeting following the timely filing of a complete appeal
unless the applicant requests an extension; in no event shall the hearing on
appeal take place more than thirty days after the date on which a timely and
complete notice of appeal is received unless the applicant requests a further
extension.
e. In the case of an appeal by a person other than the applicant or permit holder,
the permit holder may continue to conduct the business during the pendency of
any appeal.
f. Notice of the public hearing on the appeal shall be given as provided in Section
5.04. 090.
g. The City Council shall announce its decision within a reasonable time, but not to
exceed thirty (30) days, following the close of the public hearing, unless good
cause is shown for the extension of time and the applicant or opponent or both
are notified of this extension and the reasons therefore. The City Council's final
action shall be taken by resolution and notice thereof shall be given by mail to the
applicantlpermit holder or appellant, or to both if they be different parties.
h. Operating Requirements:
1. The licensee shall not permit any doors on the licensed premises to be
locked during business hours and, in addition, the licensee shall be
responsible for ensuring that any room, area or booth on the licensed
premises shall be readily accessible at all times and shall be open to view
in its entirety for inspection by any law enforcement officer.
2. The business shall employ a person on the premises to act as manager
at all times during which the adult business is open.
3. The business shall comply with all requirements for an adult-oriented
business set forth in Chapter 22.42 of this Code.
Section 5.08.030. Alarm Systems
a. The following words, terms and phrases, when used in this chapter, shall have
the meanings ascribed to them in this Section, except where the context clearly
indicates a different meaning:
1. Alarm owner means the person that owns, operates, leases, rents, uses
or makes available for use by his agents, employees, representatives or
family, any alarm system.
2. Alarm system means any mechanical or electrical device, whether known
as a burglary, robbery or intrusion alarm, medical assistance alarm, direct
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1
dial telephone device, audible or silent alarm or by any other name, an
alarm that is used for the detection of a fire, intrusion into a building,
structure or facility, or to signal the commission of an unlawful act, or the
existence of any other emergency situation. It shall include those devices
which emit a signal within the protected premises only, are supervised by
the proprietor of the premises where located, and are otherwise known as
"proprietary alarm systems." Auxiliary devices installed by a telephone
company to protect telephone company systems which might be
damaged or disrupted by the use of an alarm system are not included in
this definition.
3. Audible alarm means an alarm system which, when activated, emits an
audible sound in the vicinity of the protected premises.
4. Direct dial device means a device which is connected to a telephone line
and upon activation of an alarm system, automatically dials a
predetermined telephone number and transmits a message or signal.
5. False alarm means an alarm signal activated by causes other than the
existence of an emergency situation or commission or attempted
commission of an unlawful act, which the alarm system is designed to
detect, and results in a response by the Sheriff to the alarm location. An
alarm signal activated by violent conditions of nature or other
extraordinary circumstances not subject to the control of the alarm owner
shall not constitute a false alarm.
b. Direct dial telephone devices. No person shall use any alarm system which is
equipped with a direct dial device, and which when activated, automatically dials
any telephone number in any office of the Sheriff.
C. Audible alarms --General requirements. The alarm owner of each audible alarm
shall post in a conspicuous location outside the premises where the alarm is
located the names and telephone numbers of persons to be notified to render
repairs or service during any hour of the day or night during which the audible
alarm is operated. An audible alarm shall terminate its sound, or shall
automatically reset, within 30 minutes of activation.
d. Prohibited sounds. No alarm system shall be installed or used which emits a
sound which is similar to that of an emergency vehicle siren or a civil defense
warning system.
e. False alarm. A person shall not knowingly turn in a report of a false alarm. This
section does not prohibit a test of an alarm system as permitted in advance by
the Sheriff.
f. - Repair. After any false alarm, the alarm owner shall, upon request by the Sheriff,
submit a written report to the Sheriff, describing actions taken or to be taken to
eliminate the cause of the false alarm. This report shall be submitted within ten
days of the date of request by the Sheriff.
g. Notification of test. An alarm owner shall notify the Sheriff prior to any service,
test, repair, maintenance, alteration, or installation of an alarm system which
might produce a false alarm.
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h. Maintaining a public nuisance alarm.
1. Any alarm system that generates three or more false alarms in any 12 -
month period shall be deemed to be a public nuisance alarm. A service
charge in an amount prescribed by resolution of the City Council shall be
charged to an alarm owner of a public nuisance alarm system for each
subsequent false alarm.
2. After each false alarm, the City shall notify the alarm owner in writing of
the date and time that the Sheriff responded to the false alarm. The alarm
owner shall also be notified in writing in each instance of the number of
false alarms of record attributed to that alarm system within the previous
12 -month period. The alarm owner shall further be informed in writing of
the provisions of this section and of any service charge or other penalties
to be imposed.
3. Within ten days from the date of such notice, the alarm owner may
present written evidence to the Sheriff that the alarm response in question
was not in fact a false alarm as defined herein, or that there was a
justifiable reason for the activation of the alarm. If no such response is
made by the alarm owner within the ten-day period, the Sheriff's
determination that the alarm was false shall be final. Within ten days of
receipt of written evidence from an alarm owner, the Sheriff shall render a
decision which decision shall be final.
i. Exemptions. The provisions of this section are not applicable to audible alarms
affixed to motor vehicles or to a public telephone utility whose only duty is to
furnish telephone service pursuant to tariffs on file with the state public utilities
commission. No false alarms shall be counted against an alarm owner that were
the result of an act of God, natural disaster, or interruptions of electrical service
not due to the alarm owner.
j. Penalties. Any person violating subsections (b) through (e) shall be deemed to
have committed a misdemeanor as provided in Section 1.04.010(a).
k. Civil remedies available. Violation of any of the provisions of this section shall
constitute a nuisance and may be abated in the name of the City in any court of
competent jurisdiction through civil process by means of restraining order,
preliminary or permanent injunction or in any other manner provided by law for
the abatement of such nuisances.
Enforcement.
1. The amount of any service charge shall be deemed a debt to the city. All
service charges shall be deemed delinquent 15 days after they are due
and payable.
2. Pursuant to Government Code § 38773, the City may recover any and all
costs incurred in abating a violation of this Section including the
imposition of a lien against the property on which the nuisance is
maintained.
3. Prior to the recordation of a lien against property for the recovery of
abatement and other related administrative costs, the City, in accordance
with Government Code § 38773.1 or 38773.5, shall provide written
notification, by registered or certified mail, to the property owner that a
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lien will be assessed against their property and such costs will constitute
a lien upon the land until paid.
Section 5.08.040. Bars and Nightclubs
a. For purposes of this Chapter, the following words shall have the following
meanings:
Bars and nightclubs shall mean businesses that are not part of a larger
restaurant, where alcoholic beverages are sold for on-site consumption. This
definition includes bars, taverns, pubs, and similar establishments where any
food service is secondary to the main purpose of alcoholic beverage sales. May
include entertainment (e.g., live music and/or dancing, comedy, etc.). May also
include beer brewing as part of a microbrewery, and other beverage and tasting
facilities.
b. In addition to the information prescribed by Section 5.04.020, the application for a
license for a bar, or nightclub shall include:
1. The complete standard regulatory business license application including
the names and addresses of all responsible operators, managers, and
property owner;
2. A certified copy of all valid Alcohol Beverage Control (ABC) permits,
licenses, and conditions of operation: and
3. Security Plan Requirements. Applicants for businesses that serve alcohol
with an occupancy load of 50 or greater are required to submit a security
plan. All submitted security plans shall be reviewed and are subject to the
approval of the Director or his or her designee.
4. A set of plans stamped "Approved" by the Los Angeles County Fire
Department which identifies the use and the square footage of the
establishment.
C. Operating Requirements.
1. Manager Required. Any bar or nightclub shall have a responsible person
on the premises to act as manager and supervise employees at all times
during which the business is operating.
2. Facility Operators. Licensees shall maintain their operations pursuant to
the security plan approved by the Community Development Director and
within the standards required by the Department of Alcoholic Beverage
Control.
3. Display of Licenses. The business owner shall display, in a prominent and
visible location, the business license, and an entertainment license and/or
promoter's license is applicable. A promoter's license shall be displayed
in the same location as the business owner's license but need only be
displayed during the promoted event(s).
4. Complaints. An employee of each business owner licensee shall be
appointed to address, during hours of operation, all complaints. The name
and phone number of the employee shall be posted adjacent to the
business license. The business owner licensee shall make reasonable
efforts to address each complaint. The licensee shall keep a log of all
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complaints and follow-up and shall make the information available to city
staff upon request.
5. Alcoholic Beverages. All new employees of business owner licensees
serving alcohol to patrons shall enroll in a certified training program for
the responsible service of alcohol. The training shall be offered to new
employees on no less than a quarterly basis.
6. Merchandise Sales. No business owner licensee shall sell merchandise
except inside the establishment.
7. Open Doors. No door of any business may be propped open after
6:00 p.m., except for the period during which goods are being delivered to
the establishment, and then only if continuously attended by an employee
of the business owner.
8. Designated Driver Signs. Signs recommending the use of a "designated
driver" shall be posted at all bar areas and at the entrance and exits to the
establishment. The signs shall measure at least six inches by six inches.
9. Joint Responsibility for Violations and Noise Control. Violations of this
subsection (c) and violations of the Noise Control Ordinance set forth in
Chapter 8.12 of the Diamond Bar Municipal Code by either the business
owner promote, shall be grounds for revocation of the business owner's
license and the promoter's license.
10. All security personnel must have a California Guard Card and/or must
possess a certificate of completion from a Penal Code 832 course
instruction within six months of employment.
Section 5.08.050. Entertainment License
a. Purpose and Intent
1. The City Council of the City of Diamond Bar finds that operation of
business establishments in the City providing live entertainment creates
special circumstances pertaining to noise, disorderly conduct by patrons,
underage drinking and similar such conditions as to warrant regulation
through a business license.
2. Therefore, it is the purpose of this Section to regulate the operation of
entertainment establishments and entertainment promoters to promote
the public health, safety and welfare and to ensure that the operators of
these establishments have the proper qualifications and operate their
businesses in a safe and secure manner.
3. The issuance of a regulatory business license for the operation of
entertainment establishments in the City shall not establish or convey a
vested right or a property right in the licensee or the property.
b. Definitions
Admission Charge means any charge for the right or privilege to enter
any entertainment establishment including a minimum service charge, an
event charge, a cover charge, a charge for the use of seats and tables, or
any other similar charge. It also includes the purchase or presentation of
a ticket or token directly or indirectly required as a condition of entrance.
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3. The entertainment license covers only the entertainment portion of the
business. A general business license is required for the general
operation of the business. Neither the obtaining of an entertainment
license nor compliance with the operating standards provided in this Code
shall obviate the need for, or excuse any noncompliance with, the zoning
code, building code, fire code, or any other or additional permit or code
requirement made applicable to the entertainment or entertainment
establishment under any other provision of this Code or state or federal
law.
d. Exemption from License Requirement. The provisions of this Section shall not be
deemed to require an entertainment license for the following:
1. The use of a radio or other electronic playback device in any
establishment, except when utilized by an announcer or "disc jockey" who
at any time provides any form of vocal entertainment for the purpose of
gaining the attention and interest of, or diverting or amusing guests or
patrons, including the announcing of song titles or artists' names;
2. Entertainment consisting of ambient or incidental music provided for
guests or patrons by one (1) non -amplified musician. If there is an
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It does not include tips, gratuities, voluntary donations, or suggested
donations for employees or for any person providing entertainment.
2.
Entertainment means any live performance, including but not limited to all
forms of music, theatrical or comedic performance, song, dance, or vocal
entertainment by a disc jockey or announcer, participated in by one or
more employees, guests, customers, or any other person or persons.
3.
Entertainment Establishment means any business establishment or
concern open to members of the public, with or without admission charge,
in which entertainment is offered or performed, except as exempted in
Subsection (d) of this Section.
4.
Entertainment Promoter means an individual or group of individuals,
entity or organization that organizes, coordinates, schedules, advertises,
solicits patrons, oversees or otherwise promotes entertainment in the
facilities of another_
c. Permit Requirement.
1.
Prior to commencing operation of an entertainment establishment, the
owner or operator shall obtain an entertainment license in the manner
provided for in this Title and it shall be posted in a conspicuous public
place on such premises at all times. Failure to post such permit shall be
a violation of this Code and shall be grounds for revocation of such
permit. Prior to operating or conducting business in the City, an
entertainment promoter shall obtain an entertainment license in the
manner provided for in this Title.
2.
The failure of an entertainment promoter to obtain a business license for
an event or location shall be grounds for suspension or revocation of the
business license of the facility where the event took place and for denial
or revocation of any license the promoter may have for any other event or
location in the City.
3. The entertainment license covers only the entertainment portion of the
business. A general business license is required for the general
operation of the business. Neither the obtaining of an entertainment
license nor compliance with the operating standards provided in this Code
shall obviate the need for, or excuse any noncompliance with, the zoning
code, building code, fire code, or any other or additional permit or code
requirement made applicable to the entertainment or entertainment
establishment under any other provision of this Code or state or federal
law.
d. Exemption from License Requirement. The provisions of this Section shall not be
deemed to require an entertainment license for the following:
1. The use of a radio or other electronic playback device in any
establishment, except when utilized by an announcer or "disc jockey" who
at any time provides any form of vocal entertainment for the purpose of
gaining the attention and interest of, or diverting or amusing guests or
patrons, including the announcing of song titles or artists' names;
2. Entertainment consisting of ambient or incidental music provided for
guests or patrons by one (1) non -amplified musician. If there is an
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admission charge required to observe or attend such entertainment, the
music will not be considered ambient or incidental;
3. Entertainment provided for invited guests at a private event such as a
wedding reception, banquet or celebration where there is no admission
charge; and
4. Entertainment conducted by or sponsored by any bona fide club, society,
or association, organized or incorporated for benevolent, charitable,
dramatic or literary purposes, having an established membership, and
which holds meetings at regular intervals of not less than once per three-
month period, when proceeds, if any, arising from such entertainment are
used for the purpose of such club, society, or association.
e. In addition to the information required in Section 5.04.020, an application for an
entertainment license shall include the following information:
1. The name and permanent address of all persons having a financial
interest in the operation of the entertainment, business, or premises
where the entertainment is to be located;
2. A detailed description of the proposed entertainment, including type of
entertainment, number of persons engaged in entertainment;
The date, hours, location and business license number if already issued
of the establishment where the entertainment is proposed to be
conducted and the admission charge, if any, to be charged;
4. The name or names of the person or persons responsible for the
management or supervision of applicant's business and of any
entertainment;
5. Whether or not the applicant or any person or persons responsible for the
management or supervision of applicant's business have been within the
previous five years, convicted of a crime, the nature of such offense, and
the sentence received therefore including conditions of parole or
probation, if any;
6. Whether or not the applicant has ever had any permit or license issued in
conjunction with the sale of alcohol or provision of entertainment revoked,
including the date thereof and name of the revoking agency;
7. The proposed security plan for control of patrons. All security personnel
must have a California Guard Card and/or must possess a certificate of
completion from a Penal Code 832 course instruction within six months of
employment;
8. Written consent for the proposed entertainment on the premises from the
owner of the property on which the entertainment is to be conducted;
9. Proof that the premises where the entertainment will take place meets the
requirements set forth in Title 22 of this Code; and
10. In the case of entertainment promoters, the number of events proposed to
be conducted, whether the events are recurring on a regular schedule,
the location or locations of proposed events and the business license
number of the business where the entertainment will be provided.
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f. Notwithstanding the provisions of this Title, the Director shall approve an
application for an entertainment license unless he or she finds that one of the
grounds for denial set forth in Section 5.04.050 exist. The Director shall approve
or deny an application for an entertainment license within 30 days of the filing of
a complete application. Notice of the Director's decision shall be mailed to the
applicant at the address shown on the application and to all the property owners
within three -hundred (300) feet of the applicant's business.
g. Emergency Suspension. An entertainment permit may be suspended
immediately if the Director determines that there is an immediate and significant
threat to public safety and welfare arising out of the use of the entertainment
license. The permit holder shall be provided by personal service and first class
mail with notice of the suspension setting forth the grounds giving rise to the
suspension and ordering that the entertainment operation cease and desist
during the suspension. After such notice is given, the permit holder shall have
ten (10) days within which to correct the conditions giving rise to the suspension
and to provide the Director with proof of the corrective action taken. During this
period, the permit holder shall discontinue all entertainment on the premises.
Upon timely correction of a condition giving rise to a suspension, the permit may
be reinstated by the Director. Failure or refusal of the permit holder to timely
correct the condition shall result in institution of revocation proceedings as set
forth in Section 5.04.110. Should the permit holder fail or refuse to correct the
condition within the ten (10) day period, the suspension shall remain in effect
until the conclusion of the revocation proceeding.
h. Appeal
1. The Director's decision may be appealed to the City Council as provided
in Section 5.04.080. The hearing on the appeal shall be held at the next
regularly scheduled City Council meeting following the timely filing of a
complete appeal unless the applicant requests an extension; in no event
shall the hearing on appeal take place more than thirty days after the date
on which a timely and complete notice of appeal is received unless the
applicant requests a further extension. The Council's decision thereon
shall be final.
2. In the case of an appeal by a person other than the applicant or permit
holder, the permit holder may continue to conduct entertainment during
the pendency of any appeal.
3. Notice of the public hearing on the appeal shall be given as provided in
Section 5.04.090.
4. The City Council shall announce its decision within a reasonable time, but
not to exceed thirty (30) days, following the close of the public hearing,
unless good cause is shown for the extension of time and the applicant or
opponent or both are notified of this extension and the reasons therefore.
The City Council's final action shall be taken by resolution and notice
thereof shall be given by mail to the applicant/permit holder or appellant,
or to both if they be different parties
i. Operating Requirements. Entertainment Establishments shall be subject to the
same operating instructions as those listed in Section 5.08.040(c) for bars and
nightclubs. In addition, the following operating requirements shall apply:
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1. Control of Events. The business owner licensee shall retain full control of
all events on the property and ensure that any and all conditions of
approval are adhered to. All events, including events organized by
promoters, shall be supervised and managed by employees of the
licensee. This shall include all club operations, ticket sales, parking
arrangements, advertising and promotion of any event.
2. Neighborhood Clean-up. The business owner and promoter, if applicable,
shall clean-up or cause to be cleaned up excessive litter and trash on the
residential streets, if any, within a one -block radius of the business
location at least once a week for the period during which one or more
events take place.
3. All indoor areas of the entertainment establishment in which patrons are
permitted and entertainment is presented, shall be arranged in such a
manner that the entire interior portion of the viewing area is open and
visible from aisles and public areas of the place of entertainment and
shall be open to view by management at all times. Visibility shall not be
blocked or obscured whatsoever; and
4. The entertainment establishment will have a manager on the premises at
all times when entertainment is performed.
Section 5.08.060. Firearm Dealers
For purposes of this Chapter, the following terms shall have the following
meanings:
1. Engages in the business means the conducting of a business by selling,
leasing, or otherwise transferring, for a consideration, any firearm, firearm
munition or firearm ammunition component; or the holding of one's self
out as engaged in the business of selling, leasing or otherwise
transferring for a consideration any firearm, firearm munition, or firearm
ammunition component in quantity, in series, or in individual transactions,
or in any other manner indicative of trade.
2. Firearm shall include, without limitation, any revolver, pistol or any other
device designed to be used as a weapon or modified to be used as a
weapon, that expels a projectile by the force of an explosion or other form
of combustion.
3. Firearm ammunition means any cartridge or encasement containing a
bullet or projectile, propellant or explosive charge, and a primer which is
used in the operation of a firearm.
4. Firearm ammunition component means any cartridge or encasement,
bullet or projectile, primer or propellant or explosive material used to
manufacture ammunition.
5. Firearm dealer means any person who engages in the business of selling,
leasing or otherwise transferring for a consideration to members of the
public any new or used firearm, as well as any firearm ammunition or any
firearm munition component.
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b. Application Information.
1. License Form. Any license issued to operate as a gun dealer shall be on
a form approved by the city.
2. Application Form. Notwithstanding any other provision of this Chapter,
every applicant for a gun dealer license shall fill out the application form
prescribed by the California State Attorney General in addition to the city's
application for a business license.
C. Minimum Criteria for Issuance of a License.
In addition to the applicant's compliance with all other requirements of this title, a
background check and recommendation pertaining to the applicant, and the
applicant's existing and prospective manager(s) and employee(s) will be referred
to and conducted by the Director and the Sheriffs Department. In addition to
compliance with all the requirements of this title and obtaining a favorable
background recommendation from the Los Angeles County Sheriffs Department,
the applicant must meet the following criteria:
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1.
The applicant, and any existing or prospective manager and employee,
must be at least twenty-one years of age.
2.
The applicant must be properly licensed as required by all applicable
federal and California laws.
3.
The applicant, or any existing or prospective manager or employee, must
not have had a similar type of license previously revoked or denied for
good cause within the immediately preceding two years prior to the
license application.
4.
The applicant, and any existing or prospective manager and employee,
must not have been convicted of:
A. Any offense so as to disqualify the applicant, manager or
employee from owning or possessing a firearm under applicable
federal and California laws;
B. Any offense relating to the manufacturing, sale, possession, use
or registration of any firearm or other dangerous or deadly
weapon;
C. Any offense involving the use of force or violence upon the person
of another;
D. Any offense involving theft, fraud, dishonesty or deceit;
E. Any offense involving the manufacture, sale, possession or use of
any drug or controlled substance itemized on any schedule
pertaining to drugs and other controlled substances of the
California Health and Safety Code.
5.
The applicant, or any existing or prospective manager or employee, must
not have been adjudicated to be mentally incompetent, or have been
committed to a mental institution.
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6. The applicant must demonstrate that:
A. The location for which the license is sought is not located within
five hundred feet of a public or private day care center or school,
or a public park.
B. The location for which the license is sought is not located within
five hundred feet from any other premises operated by a gun
dealer licensee.
7. The applicant must provide a copy of each of the following:
A. Valid federal firearms license;
B. Valid seller's permit issued by the State Board of Equalization; and
C. Valid certificate of eligibility issued by the Department of Justice.
d. Issuance of License Subject to Conditions. Any and all licenses granted
pursuant to this Chapter are subject to the following conditions, in addition to any
conditions imposed by the Director, breach of any of which subjects the license
to revocation:
1. The business activity shall be carried on only in the building designated in
the license, which shall be located in a properly zoned commercial
district, unless the gun dealer qualifies as a home occupation under
federal and state law and is in full compliance with the home occupation
provisions contained in the Diamond Bar Zoning Ordinance. In no event
shall a licensee, operating as a home occupation, store or maintain
firearms, ammunition, or any firearms ammunition component within the
residential dwelling in which the business is being conducted.
Notwithstanding any other provision of this Title, a license under this
Chapter shall be required for gun dealers operating as a home
occupation.
2. If the applicant is not the owner of record of the building within which, and
the real property upon which, the gun dealer business is to be located
and conducted, then he or she shall obtain prior written consent from the
owner of record of such building and real property to operate a firearm
dealer business, and such written consent from the owner of record shall
be attached to the city's business license application.
3. All federal, California and city -issued licenses, permits or copies thereof,
certified by the issuing authority, shall be posted in a conspicuous manner
on the premises in which the business is being conducted.
4. No firearm, firearm ammunition or reproduction of either advertising the
sale, lease or transfer, for a consideration of either, shall be displayed in
any part of the premises where it can readily be seen from the outside.
5. The licensee shall maintain on the licensed premises accurate records of
all firearm and ammunition sales, as well as a complete inventory of all
firearms in stock, by classification and serial number, for a period of not
less than three years.
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e. The records required by this Section pertaining to the recordation of firearm and
ammunition sales shall indicate:
1. The date that the purchaser purchased the firearm(s) and/or ammunition;
2. The purchaser's name, address and date of birth;
3. The purchaser's driver's license number or other identification number
and state where issued;
4. The make, brand, model and/or type of firearm(s) purchased;
5. The brand of ammunition purchased;
6. The type and amount of ammunition purchased;
7. The purchaser's thumbprint, from both the right hand and left hand; and
8. The purchaser's signature.
f. This information required by this Section shall be recorded at the time of
purchase and shall be maintained in a log book in a form substantially as follows:
Ammunition/Firearm Sales Records Log
Store:
Date Name Address Date of Birth Driver's License/ID Number and State Firearm
Make/Brand/Model/Type Purchased Ammunition Brand and Amount Purchaser's Signature
g. The licensee's firearm and ammunition sales records and firearm and
ammunition inventory records shall be open to inspection at the request of the
City or the Los Angeles County Sheriffs Department.
h. The licensee shall also provide the City with an annual report of the gross
revenue received during the previous year itemized by the quantity and
classification of firearms and ammunition sold on a form provided by the City
signed under penalty of perjury.
i. The licensee shall not sell, lease or otherwise transfer for any consideration any
firearm:
1. Within fifteen days of the application for the purchase, or, after notice by
the Department of Justice ("Department") pursuant to Section 12076 of
the California Penal Code, within fifteen days of the submission to the
Department of corrected copies of the register, or, within fifteen days of
the submission to the Department of any fee required pursuant to Section
12076 of the California Penal Code, whichever is later.
2. To any person who is forbidden by city, state or federal law from buying
or possessing a firearm.
3. 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 Sections 8100 or 8103 of the Welfare and
Institutions Code.
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j. The licensee shall provide all firearm purchasers comprehensive instructions,
prepared by the licensee and approved by the city, pertaining to the use,
maintenance, storage and safety precautions relating to the firearm purchased.
k. The licensee shall comply with all security measures imposed by the license
issued pursuant to this Chapter upon recommendation of the Los Angeles
County Sheriff, including but not limited to locks, lighting, alarms, storage and
access to firearms.
I. The licensee shall comply with all applicable sections of the California Penal
Code, including but not limited to Sections 12071, 12072, 12073, 12076, 12077
and 12316.
M. The licensee shall conduct a criminal background check on prospective
manager(s) or employee(s).
Section 5.08.070. Massage establishments and massage technicians
a. The owner of a massage establishment and each massage technician practicing
in the City must obtain a business license pursuant to this Title.
b. For purposes of this Chapter, the following terms shall have the following
meanings:
1. Certificate shall mean a certificate, issued by a licensed school, certifying
completion of the required curriculum in massage training.
2. Massage and Massage Therapy means and shall include any method of
pressure on or friction against, or stroking, kneading, rubbing, tapping,
pounding, 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, powder, creams,
lotions, ointments, or other similar preparations commonly used in this
practice.
3. Massage establishment shall mean any establishment having a fixed
place of business which provides or attempts to provide massages, or
health treatments involving massage as the principal function, including
any school of massage which performs any such activity to any member
of the public for any form of consideration or gratuity. The following are
not considered massage establishments under this definition: (a) an
establishment which has only one massage table on the premises and
the massage business is secondary or ancillary to the principal business
on the premises; or (b) an establishment which has on staff at least as
many state licensed health care professionals as it does licensed
massage technicians.
4. Massage technician shall mean any person who administers to any other
person, for any form of consideration or gratuity, a massage as herein
defined, including a student at a school of massage who administers a
massage to any person for payment whether the payment is given to the
student or to the school. A "massage technician" does not include any
person who is engaged in a healing art required to be licensed pursuant
to the Business and Professions Code of the state of California.
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5. Off -premises massage business means a business which provides
massage services at a location other than the massage establishment
itself.
C. Application Information - Massage Establishment and Off -Premises Massage
Businesses.
In addition to the information prescribed by the Director of Community Development, all
applications for a license to conduct a massage parlor or off -premises massage
business must contain the following information:
1. The complete address and all telephone numbers of the massage parlor
or off -premises massage business;
2. A complete list of the names and residence addresses of all proposed
massage technicians and employees employed by the massage
establishment and the name and residence addresses of the manager or
managing employee proposed to be principally in charge of the operation
of the massage establishment;
3. The two previous addresses of the applicant immediately prior to the
present address of the applicant;
4. Written proof of the applicant's age, height, weight, color of hair and eyes
and sex;
5. Two identification photographs and fingerprints of the applicant;
6. The massage or similar business history and experience of the applicant,
including but not limited to, whether or not such person, in previously
operating a massage establishment or similar business in this or any
other city or state under license or permit, has had such license or permit
denied, revoked, or suspended and the reasons therefore:
7. All criminal convictions excluding traffic or infraction violations;
8. Such other information and identification deemed necessary by the
Sheriffs Department.
d. Application Information — Massage Technicians.
In addition to the information prescribed by the Director, an application for a
massage technician license shall include the following information:
1. The last two previous addresses, if any, immediately prior to the present
address of the applicant;
2. The applicant's height, weight, sex, color of eyes and hair;
3. A certificate or diploma from a state -accredited institution or an institution
deemed by the Community Development Director to be of equivalent
standing.
4. The business, occupation or employment of the applicant for three years
immediately preceding the date of the application;
5. The license history of the applicant and whether the applicant has had a
license for working as a massage technician revoked or suspended, and
the reason therefore. That history shall include the business activity or
occupation engaged in subsequent to such suspension or revocation;
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6. All convictions except for traffic violations and infractions;
7. The location where the applicant intends to operate. If the applicant will
not operate from a specific location, the applicant will provide the general
area where it intends to operate;
8. Documentation of the applicant's experience as a practicing massage
technician.
e. Massage Technician License Requirements — Investigation by Community
Development Department.
1. Before a license is granted or renewed and at such times as the Director
deems appropriate, the technician shall be subject to a background
investigation to verify that he or she has not been convicted of any crime
related to the provision of massage services.
2. If at any time the investigation by the Community Development
Department reveals the massage technician has been convicted of a
crime related to the provision of massage services, the massage
technician's license shall be revoked and of no further force or effect as of
the date of the conviction.
3. An applicant whose license has been revoked as described in the
preceding paragraph shall have the right to appeal the decision of the
Community Development Director under this Chapter in the time and
manner set forth in Section 5.04.080.
Operation Requirements - Massage Establishments and Off -Premises Massage
Businesses.
1. A licensee operator shall not hire or employ a massage technician unless
such massage technician has been issued a certificate or diploma from a
state -accredited institution or institution of equivalent standing.
2. Doors to Remain Unlocked. The front door of any massage parlor and the
doors of the cubicles in which massages are being performed must
remain unlocked during all hours of operation. No electronic locking
device may be utilized on any entrance door.
3. Cleanliness Requirements.
A. Adequate equipment for disinfection and sterilization of
instruments used in performing the massages shall be provided;
B. Hot and cold running water shall be provided at all times;
C. Separate closed cabinets shall be provided for the storage of
clean and soiled linen and these cabinets shall be plainly marked:
"Clean Linen" and "Soiled Linen," respectively.
4. Hygiene Facilities.
A. Adequate bathing, dressing, locker and toilet facilities shall be
provided for patrons. A minimum of one tub or shower, one
dressing room containing a separate locker for each patron to be
served, which locker shall be capable of being locked, as well as a
minimum of one toilet and one washbasin, shall be provided in
every massage establishment; however, if male and female
patrons are to be served simultaneously at the establishment,
separate bathing facilities, a separate massage room or rooms,
and separate dressing and separate toilet facilities shall be
provided for male and for female patrons.
B. Minimum of one separate washbasin shall be provided in each
massage establishment for the use of employees of any such
establishment, which basin shall provide soap or detergent and
hot and cold running water at all times, and shall be located within
or as close as practicable to the area devoted to the performing of
massage services. In addition, there shall be provided at each
washbasin sanitary towels placed in permanently installed
dispensers.
5. Hours of Operation. The licensee operator shall not conduct or operate a
massage parlor or an off -premises massage business between the hours
of 10:00 p.m. and 7:00 a.m. of any day, and shall exclude all customers,
patrons and visitors therefrom between those hours.
6. Maintenance of Premises and Equipment.
A. All walls, ceilings, floors, pools, showers, bathtubs, steamrooms
and all other physical facilities of the establishment shall be in
good repair and maintained in a clean and sanitary condition;
B. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor
cabinets, shower compartments and toilet rooms shall be
thoroughly cleaned each day the business is in operation.
Bathtubs shall be thoroughly cleaned after each use;
C. Clean and sanitary towels and linens shall be provided for each
patron of the establishment or each patron receiving massage
services. No common use of towels or linens shall be permitted.
D. Standard or portable massage tables shall be used with a durable,
washable plastic or other waterproof material as a covering.
7. Recording of Activities Prohibited. No building or part thereof where a
massage parlor, or an off -premises massage, is being conducted shall be
equipped with any electronic, mechanical or artificial device used, or
capable of being used for recording or videotaping, for monitoring the
activities, conversation, or other sounds in the treatment room or room
used by customers.
8. Off -Premises Massage Prohibited. No massage establishment issued a
license under this Chapter shall send massage technicians off the
premises for the purposes of administering a massage, nor shall the
massage parlor or any part thereof be used by any employee, operator,
manager, or owner to receive or accept such requests for off -premises
massages, except when such off -premises massage is permitted under
this Chapter.
9. Dress Requirements.
A. All massage technicians, attendants and employees of massage
parlors or off -premises massage businesses shall wear clean
garments. These garments must be of a fully opaque material and
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provide complete covering of the genitals, genital area, buttocks
and breasts.
B. No person holding a massage technician license issued under this
Title, or employed by or working in a massage parlor licensed
under this Chapter, may expose his or her genitals, buttocks, or
breast(s), or make intentional, occasional or repetitive contact with
the genitals or anus of another person.
C. Each establishment shall provide to all patrons, clean, sanitary
and opaque coverings capable of covering the patrons' specified
anatomical areas, including the genital area, buttocks and breasts.
No common use of such coverings shall be permitted and re -use
of such covering is prohibited until it is washed and cleaned.
D. No massage technician, while performing any task or service
associated with the massage parlor, shall be present in any room
with another person unless the person's specified anatomical
areas (genitals, buttock, and breasts) are fully covered.
E. Manager Required. All establishments licensed under this Chapter
shall have a manager on duty at all times during which the
establishment is open.
Section 5.08.080. Pawnbrokers and second hand dealers
a. The following words, terms and phrases, when used in this division, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
1. Pawnbroker means any person engaged in the business of receiving
goods in pledge as security for a loan.
2. Pawnshop means any room, store, building or other place in which the
business of pawnbroker is engaged in, carried on or conducted.
3. Secondhand dealer is a person, other than a used -car dealer or dealer in
secondhand books or magazines, engaged in conducting, managing or
carrying on the business of buying, selling or otherwise dealing in
secondhand goods, wares or merchandise, including gold, silver,
platinum and mercury, but does not include a person who does not sell,
or offer to sell, secondhand goods, wares or merchandise except such as
is received by such person as payment or part payment for a new article
sold by him.
b. Hours of operation. A pawnbroker and second hand dealer shall not, and an
agent or employee of a pawnbroker shall not, accept any pledge, or loan any
money on personal property, or purchase or receive any goods or merchandise,
or any article or thing whatsoever, or in any manner whatsoever engage in or
conduct the business of pawnbroker between 7:00 p.m. of any day and 7:00 a.m.
of the following day.
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Section 5.08.090. Peddling -Solicitation
a. Definitions:
1. "Commercial' shall mean and include the sale of goods, wares or
merchandise for profit, whether or not a profit is made, and not for any
charitable purpose.
2. "Hawking" shall mean advertising, promoting or soliciting customers for
the sale of any goods, wares or merchandise, whether or not a sale takes
place.
3. "Peddle" and "peddling" shall mean: (a) hawking or selling any goods,
wares or merchandise, including liquids or edibles for human
consumption, by traveling or going by any means of locomotion
whatsoever from place to place, from house to house or business to
business, or (b) hawking or selling any goods, wares or merchandise,
including liquids or edibles for human consumption, from or on the street,
on any public property or on any private property without the permission
of the owner or other person in possession and control of the property.
4. "Solicitation" shall mean the request, directly or indirectly, of money,
credit, property, financial assistance or other things of value for the
commercial or retail sale of goods, wares or merchandise by taking an
order for delivery and promising later delivery of such goods, wares or
merchandise. Individuals engaged in commercial solicitation for future
delivery solely as an incident to engaging in a business otherwise
licensed under this Chapter and for which the employer has a current,
valid license shall not be deemed to be engaged in the business of
commercial solicitation.
b. License Fee Waivers. Veterans, as defined by Sections 16001 and 16001.5 of
the California Business and Professions Code, shall not be required to pay a
license fee to hawk, peddle or sell goods, wares or merchandise owned by them,
except alcoholic beverages.
C. Identification Requirements. All licensed peddlers and solicitors licensed
pursuant to this Chapter shall carry an original business license, along with
picture identification, at all times when peddling.
d. Operating Requirements.
1. Generally.
A. No person shall peddle or solicit for commercial purposes in any
area of the City which is zoned for residential use under this code,
from 8:00 p.m. until 9:00 a.m. of the following day.
B. No peddler or commercial solicitor shall touch, come into physical
contact with, or affix any object to another person or any member
of the public, without first receiving express permission therefor
from such member of the public.
C. No peddler or commercial solicitor shall persistently and
importunately solicit any member of the public after such member
of the public expresses his or her desire not to be solicited.
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D. No peddler or commercial solicitor shall intentionally and
deliberately obstruct the free movement of any member of the
public on any street, sidewalk or other place or in any place open
to the public generally.
Section 5.08.100 Tow Trucks and towing companies
a. For purposes of this chapter, the following term shall have the following meaning:
1. "Tow truck" shall mean a motor vehicle which has been altered or
designed and equipped to tow another motor vehicle by means of a
crane, hoist, tow bar, tow line or dolly.
b. Exemptions.
The provisions of this chapter shall not apply to tow trucks or vehicles licensed
pursuant to California Vehicle Code Sections 11500 et seq. and California
Business and Professions Code Sections 7500 et seq.
C. Application Information.
In addition to the information prescribed by the Director of Community
Development, an application for a tow truck service operator's license shall
include the following information:
1. A map of the district, area or territory to be served by the tow truck
service;
2. A schedule of rates proposed to be charged in the areas of the city where
the applicant proposes to operate the service; and
3. The description and location of the operational facilities of the applicant.
d. Operating Requirements.
1. Service Records to be Kept. A tow truck service operator shall maintain
the following records for each order of service:
Location where tow service requested;
Date and time request made;
Description of vehicle towed;
Location to where vehicle towed;
Identification of dispatcher;
Identification of driver; and
Time of dispatch.
2. Inspection. Such records shall be available for inspection by the Director
of Community Development and the Sheriff for a period of at least six
months.
3. Drivers - License Preconditions. A tow truck service operator shall not
permit any person to operate a tow truck authorized under his or her
license unless such driver has, in his or her possession, a valid driver's
license issued by the state of California Department of Motor Vehicles.
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4.
Insurance Requirements. The Director shall not issue a tow truck service
Chang,
operator's license until the applicant has filed a copy of the policy of
NOES:
liability insurance pursuant to Section 5.00.170 that covers every tow
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truck to be operated pursuant to the operator's license.
5.
Indemnification. Every operator licensed pursuant to this Title shall sign
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an indemnification agreement as provided in Section 5.00.170 in a form
ABSTAIN:
approved by the City Attorney.
6.
Tow Truck Facility Security. If the tow truck service provides storage of
towed vehicles, the operator shall provide security for such vehicles
during all business hours.
7.
Locking of Vehicles. If the tow truck service provides storage of towed
vehicles, the operator shall lock each ignition, remove the key, and place
the key in a safe place.
8.
Sign Requirements.
The operator shall install and maintain a sign on the business premises,
plainly visible from the street, showing the operator's name, the address
of the business, the time when the premises are closed and the towing
and storage fees, if any.
No signs shall be posted, pursuant to this section, which would be in
violation of the Diamond Bar Municipal Code.
9.
Rates Charged. A copy of the rates charged for utilizing a tow truck's
services shall be posted in each tow truck.
PASSED,
APPROVED AND ADOPTED THIS 4th DAY OF DECEMBER 2007, BY THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR
BY:
Jack Tanaka, Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar do hereby certify that the foregoing
Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar
held on the 20th day of November 2007, and passed at a regular meeting of the City Council of
the City of Diamond Bar held on the 4th day of December 2007, by the following vote:
AYES:
Council Members:
Chang,
Herrera, Tye, MPT/Everett, M/Tanaka
NOES:
Council Members:
None
ABSENT:
Council Members:
None
ABSTAIN:
Council Members:
None
it,
City Cler , City of Diamond Bar
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