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Home My WebLink About02 BL NO. 132340 INVAL 07-01-96Inter-C'om NO. 2 7-1-96 DATE' JULY 1, 1996 TO: FROM' SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT APPEAL OF INVALIDATION OF BUSINESS LICENSE NO. 132340 -- CALIBER GROUP, INC. 17821 E. 17TH STREET, SUITE 250 Recommendation: That the City Council: · Conduct a hearing as requested by the Appellant; · Adopt Resolution No. 96-74 upholding the Finance Director's decision and deeming Business License No. 132340 to be invalid; and, · Direct the City Attorney to take the appropriate legal actions to ensure operations cease until Caliber Group Inc. obtains the required licenses and permits. Background and Discussion: The following discussion describes: a chronology of events related to Caliber Group Inc.'s operations within the City of Tustin; the' Caliber Group Inc.'s operations; justification for the invalidation of Business License No. 132340; and, subsequent actions related to the Business License invalidation. Chronology of Events On September 13, 1994, Caliber Group Inc. received a Business License (License No. 132340) for the operation of an office use for a "booking agency of promotional events and performers" at 17291 Irvine Blvd. #261 (Attachment A). In early 1996, Caliber Group Inc. relocated its business operations to 14751 Plaza Drive #N, but did not submit the information for a change of business location as required by Section 2512 of the Tustin City Code. Appeal of Invalidation of Busir. ' License No. 132340 Appellant: Caliber Group Inc./Richard L. Knickerbocker July 1, 1996: Page 2 In April 1996, Caliber Group relocated to 17281 E. 17th Street, #250. The Police Department advised the Business License Division of this relocation. Caliber Group did not submit information for a change of business location as required by Section 2512 of the Tustin City Code. The Police Department advised the Business License Division that the Caliber Group was providing entertainment services. The entertainment services were not disclosed on the business license application. On April 30, 1996~ the City deemed Caliber Group's business license to be invalid due to inaccurate information provided on the Business License application (i.e. failure to update the business location information) and an inaccurate description of the nature of the business conducted (Attachment B). On May 29, 1996, an appeal of the business license invalidation was submitted by Richard L. Knickerbocker on behalf of Caliber Group Inc. (Mr. Nammari) and is included as Attachment C. On May 30, 1996, Mr. Nammari, on behalf of Caliber Group Inc., submitted an application for a Business License for a "Booking Agency for Dancers and Models" to be located at 17821 17th Street, Suite 250 (Attachment D). On June 10,. 1996, Mr. Nammari was notified that there are.certain restrictions on Adult Entertainment Booking Agencies as identified in Ordinance Nos. 1169 and 1170 (Attachment E). Mr. Nammari was advised that Caliber Group Inc. is subject to these regulations and no further processing of his business license application would occur until the appropriate permits and licenses are obtained. On June 17, 1996, the landlord at 17281 E. 17th Street obtained an eviction order against the Caliber Group. On June 20, 1996, Mr. Knickerbocker and Mr. Nammari, Vice President Caliber Group Inc. were notified, by certified and first class mail, that the appeal hearing would be considered on July 1, 1996. The written notice of hearing is included as Attachment F. The Caliber Group Inc.'s Operation~ The Police Department received complaints from neighboring residents and businesses at each of the locations where Caliber Group Inc. has operated. Generally, the complaints related to high volumes of foot traffic to and from the business in the early morning hours. Late night, high volume traffic indicated a use was being operated' other than an office use with four (4) employees. In addition to the complaints received by the Police Department, the City Attorney and the Community Development Director received complaints from Caliber Group's business neighbors concerning exotic entertainers loitering on or about the premises, and lounging in hallways and restrooms. Appeal of Invalidation of Busine,. ,ense No. 132340 Appellant: Caliber Group Inc./Richard L. Knickerbocker July 1, 1996: Page 3 One business owner complained that it appeared that Caliber Group Inc. was operating a nude dancer/escort service. As a result of these complaints, the Special Investigations Unit of the Tustin Police Department conducted a surveillance of the Caliber Group business operations. Police surveillance of the business indicated that female entertainers, who are independent contractors, frequently gather at the agency and are driven to the shows by male drivers. Once the entertainment fees are paid, the drivers return to the office with the booking agency's sham of the fees, often in the early morning hours. Police made contact with several of the entertainers and drivers and affirmed that the primary entertainment provided was adult stripping. On one occasion during a surveillance, eight (8) persons leaving the business were questioned and all eight identified themselves as being drivers or dancers for Caliber Group. In summary, the operations of the business involve entertainment and involve many people, not four (4) employees in an office. Justification for License Invalidation In part, Section 2512 to the Tustin City Code states: "All information specified to be set forth on any application form prescribed by the Finance Director shall be submitted completely and accurately and the license subsequently issued shall be based upon the information submitted. Any license shall be deemed based upon the application on file, and if the information is incomplete, or inaccurate, the license shall be deemed invalid. If information submitted in an application subsequently becomes incomplete or inaccurate by reason of a change in circumstances, the license shall thereafter be deemed invalid. Upon the Finance Director's learning of any inaccuracy or incompleteness, notice shall be given forthwith to the licensee.., that the license is invalid." The Business License submitted by the Appellant describes the business as a "Booking agency of promotional events and performers" to be operated at 17291 Irvine Blvd., Suite #261. The Business License Application form also requires that applicants answer a series of questions so that staff can ensure respective businesses are located in the appropriate zoning districts. Among other items identified on the application form was that the business was an office use consisting of four (4) employees and would not provide live entertainment. Based on the complaints received and verification from the Police Department, it is evident that the Caliber Group is providing entertainment and more than four (4) emPloyees (or independent contractors) are operating from the premises, contrary to Business License No. 132340. The Caliber Group Inc.'s-busineSs address for which the original license had been issued was for the operation of an office use at 17291 Irvine Blvd. #261. Caliber Group moved Appeal of Invalidation of Bus~, , License No. 132340 Appellant: Caliber Group Inc./Richard L. Knickerbocker July 1, 1996: Page 4 twice, and ultimately to 17821 E. 17th Street #250. No new Business License or change of address has been submitted. For all of the foregoing reasons and based on Tustin City Code Section 2512, the business license was invalidated. .Subsequent Actions Related to the BuSiness License Invalidation- On May 29, 1996, the City Council adopted Ordinance Nos. 1169 and 1170 establishing licensing and land use regulations for adult entertainment booking agencies. The Caliber Group is subject to these regulations. Briefly, the ordinances require license approval from the License and Permit Board and a Conditional Use Permit approval from the Planning Commission for these uses, prior to the issuance of a business license. To date, Caliber Group Inc. has not submitted the necessary documents to comply with the ordinances. As to the license that was invalidated, it is the City Attorney's opinion that the license cannot be validated for the location at 17281 E. 17th Street because the Group has been evicted. A license to do business at this location would not be proper under the City's Codes since the Caliber Group has lost its rights to operate on those premises. Elizabeth A. Binsac'k' Community Development Director Attachments: Attachment A-- Business License No. 132340 Attachment B -- Letter Dated April 30, 1996, Subject: Business License Invalidation - Caliber Group Inc. Attachment C -- Letter Dated May 29, 1996, Subject: Appeal of Business' License Invalidation submitted by Richard L. Knickerbocker Attachment D -- Business License Application for a "Booking Agency for Dancers and Models" Dated May 30, 1996 Attachment E-- Letter Dated June 10, 1996, Subject- Incomplete Business License Application Attachment F -- Appeal Hearing Notice Attachment G -- Section 2512 of the Tustin City Code Attachment H -- Resolution No. 96-74 ~*- .-.-~, ~ ....... 7"11 I II II I I I II I I[ -- iii i ......... III I° BUSIN£SS LICENSE TAX APPLICATION Js applicatto'n is for: ITT OF TUSTIN Business' __CITT OF' TUSTIN Home Occupation __OUTSIDE Service or Contractor BUSINESS LICENSE DIYISION Attachment A -- doing business in Tustin CITY OF TUSTIN _CHANGE OF OWN[RSH[P. List previous$O0 Centennial Way owner= _ Tustin,'CA 92680 PRINT OR TYPE AP)~LICATiON. A~L ITEM'S MUST BE ANSWERED IN ORDER TO PROCESS THIS APPLICATION. OFFICE US£ ONLY Da te. Fee Receipt, Accepted Business Typ~ Classiflcati( Ordinance P1 an~t7 Account Number Start Date. in Tustln C~_~'. ~, ~~~~ Tel ephone Full De, rip, ion of Business ~~'t~ A_ Resale Tax ~ ~ · ~~S~te Con,actors License J/Classification IDENTIFy OWNERSHip TYPE ~D PROYIDE TAXPAYER I,D. ~Sole O~ner - Social Security ~. ~Pa~tne~htp -' Feder~l/S~e [den$1'ftcaSton. ~orporatton - Federal/State .identification Ho~ Address~~ ~q~n~ 54 · Cl:y_ .Drivers. License ~/S:ate ~Z57~1~5 ~. · CONTACT Lis: Officers, Partners, and Local. Agent or Representative ~s A'ppltcable :o~ Address~C ~. . · ome Phone (~)~~. ~ ~ ~ ~Drivers License ~/S~t~ ~ ~ /~/~, ~. . O~Xd~ress~ ~n~ ~'' 'C~:~ ome Phone (~/~)~ T. ~~ ?. Drivers License ~ [ , u~lvers. License ~/State ' . Ceftin businesses and/op PrOfessions. ~y ~equlre a heaping befoPe the License and )trait 8card, fop ~hlch an additional fee will be cha~ged. In some tns~nces, ~ngorPrtntin9 and/or background checks will be ~equired, also et an additional cha~ge. I hereby declare, under Penalty of perjuPy, =hat the foregoing information is ~ue and ;rrect. As a Condition fo~ the issuance of =he license'applied for, I'agree to submit any ditlonal infor~tton that may be PequlPed AND TO CONDUCT ALL PHASES OF THIS BUS[HESS SINES~PRO~Ess~ AND' REGULATIONS ESTABLISHED FOR .SUCH .NFORMANCE NI~ ALL. APPLICABLE LAWS, ORDINANCES '"~ ...... , ~ - m m "' ' CTTT Or TUSTle , /'City Or TUSTI~ APPLICATIO~ 'IS ~DR: HC~L CACCOPATIO~/e~v,li[SS v ~Sli[SS LOCATJO~ A~T YIOLATIO~ OF CO~[. KISR[PR[S[tlATIO~. fALSE. HISL[AUIN~ ~N[V ~SIN[5S' l&' ~[ CITT OF 1USTI~. __[XJSJlN: ~uSl~[SS IN iU~il OtAII~I~G LOCATION. ~R[VIOU5 __Ue~TIN: ~SI~[SS LICENSE ~COROS ~ ~ DISTIN~ ~SIN[SS IN 111[ C'ITY"O[ iU'5il~. ~( ~A~[ OF [IISTIN~ ~SIN[SS Ii 1USTI~. ~R[YIOUS ~C~ LIST ~[R~T~[S OF ~ ~AT APPLY: FFIC[ USE O~LT J O~l~ ~UP~T ~AD __W~OIOUS[ USE O~LY ~ e~lOUS[ RETAIL USE O~LT ~ REIAIL AT ~llS ~TlO~ __TIS ~0 ~I~ TO~ PR0~IO[ A P~BLIC TRA~SPORTATI~ TIS ~0 ~1~ YOU. P~YIU[ P~OLIC O~1~:2 TiS T~O ~1~ YOU P~O~lO[ 81LLIAR~S, POOL. ~AT[LL[. ~lLl~: --~[S ~0 ~ILL YOU PRO~IO[ A PRIJAT[ PATROL ~TCS ~NO RI~ YOU OP[~T[ A ~, ~UNA ~1. OR ~S~[ ~TABLI~i(~ : T~ ~0 ~ILL YOU O[ ~LICITI~G ~OR 10 ~OR OR ~ ~1[ ~ON[7 ' ~ 0 ~ILL ~OUR ~Sl~:SS SELL. ~UFACTUR~ OR HAY[ ~JL OR~R *~L~ ~KS. LIN:ERIE. OR TO?S? r~s ~0 ~Y~ ~0 ~ILL YOU OPIATE A PA~ ~IOP, ~TIOU[ STO~. OR ~Sl~[SS ~AT ~S OR ~ USED IT[~2 TIS ~NO ARE YOU JR~ING OR ~LO~TING ~t INTERIOR PARTITI~ST Y~ ~NO h'l~ ~[R[ BE ~T PLYING. [~CTRI~. OR ~ARI~ ~ I~SID[ OR ~SlO[ ~[ STR~TU~2 Y[S ~0 ~i~ YOU B[ STORING MY ~T[RI~S OUTSI~ OF ~[ ~ILDIN3? __~S /~0 ffl~ ~0~ 8C STOKING M~ Cb~F~CI~ V~ICL~. TO0~, OR [OUI~E~T O~ SITE2 __rCS ~0 ~ILL AN? ~PLD?~CS U~ DISPAT~ED ~OH ~OUR ~i0~ ~[S ~O ~1~ YOU llAY~ ~y[ OR U~DER GROUND T~KS2 TCS ~ IS TOU~ aUlLOI~: ~R~,TLT [0UIPPED ~ rl~ ~[S IS YOuR ~ILDI~C ~RRENTLt [UUIPP~D ~ IIEAT OR ~K[ D~T[CTORS~ YES 0 ~ILL ~OUR ~USI~ESS 1,VOLI'[ ~![ USE OF M~ OF ~[ FOLLO~I~: ~SO. ~ OK[ST SPRAY PAIKTJNG ~[SCRI BE FULLY ' CO~UUSTIOL[S. ETC. PLUS[ LIST' ~STO~G[ OF IIIGII PILED ~OCK OR ~CK DUST ~LL[CTJO~ SP~T TOUR ~SJN~SS LOCAT[O~ ~]LL gE CHECKED BT 20NiKG, ~ILDJNG. ~TEK. POLICE. ~g F]R~ O[PART~KTS. IF YOU IIAY[ ~T ~UBT ~IAT TOUR ~SIK[5S LOCATION, A:TIYiTT. AND/OR ~ILDIKG ~ES NOT CD'~FOR~'VI~ lO CONTACT ~[S~ U[PART~KTS FOR FURriER INFOR~TIO~ U[FOR~ FJLI~: ~l]S APPLICATIOa. NOTJC~ T0 IIOH[ O:CUPATJO,' APPLJ~KTS TUSTIK CJT~ COD~ . S~CTIO~ ~[.24 HO~ OCCUPAT]OK 1S l~[R~gT D[FI~D AS FOLLfl~S: AK O:CUPATIOK ~RR~[~ OK ~IOLLT ~'I~JK A O~L~J~G OT ~ ~CUP~T PR[HiS[S. aD [:T[RIOR ~ISPLAT. N0 STO:~-l~-T~n[. UR CO~D]TT ~LD uPoK hie PRE,!SE:. K0 P~CIIAKICAL OK ELECTRICAL [OUIP~I R~SID[KTIAL. AI,p~::C[ 0F ~l~ PREH]S[S, ~0 SIG~:S OlSPLAT[~, ~0 A:TIYITT.CONDU:T~g ~tlO~ ]S I~A~KIKJ~S T0 ~![ Ii~L~:, S&F[TT OR k'ELFAR[ OF ~1[ C[KERAL PUBLIC, OR RIIDI ~.]TS g~K[, DUST, AI~T 0~i[R PR~ISCS. K0 ACTIVITY ~ll~ C[g[~T[S [XC[SSlf[ P[D[STRJAK I UKDERSTA;JD ~IAT ~llS APPLI=ATID~ ~D PAYH[I~T--O~ TAX-~:S NOT ~IC[KS~ H~ TO OPERATE UNTIL I ItR~'[ ~LFILL[O ALL R:OUIR[fl[KTS OF hE TOSTl~ ~ICIPAL I Il[REfit CERTI~ UflDEI:~P[RJUR~ ~IAT I Ill, YE ~UNU[RSTAND ~i[ AUOY[ STAT[~CKTS. C C Z CO ITl ---t X I Z Ci~TY OF TUSTIN 'ISINESS LICENSE TAX 300 CENTENNIAL WAY RENE',JAL NOT ! CE -. -' TUSTIN, CA92680 FROM 01/01/96 TO 12/~1/96 (714) 573-3144 ,TRUCTIONS: This is not your business license certificate, it is a request for payment of business license tax. It is your responsibility to review all applicable items and correct and/or furnish missing information. Use shaded area on right for corrections and/or additions. Return entire notice with your payment (see fee schedule below to determine your tax.) ;OUNT NUMBER: ~ 32340 -- Y . CALIBER GROUP CORPORATION 17291 IRVINE BLVD., #261 TUSTIN_a__CA. 92680 CORPORATION' CALIBER GROUP CORPORATION 3900 BIRCH ST. #~12 NEUPORT BEACH, CA. 92660 OFFICE USE ONLY CLASS 8 ~--7 .~,~- ~ ORDINANCE ~'-~-~ C CERT. NO. 0 (~3x~ BUSINESS TYPE COMMERCE AL RE~ CORPORATION (714)~2-4499 BOOKING AGENCY SOCIAL SECURITY UNKNOUN STATE EMPLOYEE I.D. 40;='6316 FEDERAL EMPLOYEE I.D. 3305880 37 NAME TONY NAMMAR I TITLE P RES I DENT STREET ~12~4 JANNA ST. CITY BELLFLOWER, CA. 90706 TELEPHONE (31 0 )867--090E: DR~VER UCENSE# V'8106934 NAME NICK S. NAMMAR! TITLE VP STREET 9~4 JANNA ST. CITY BELLFLOWER, CA. 90706 . TELEPHONE (310)867--090E:DmVERUCENSE# C2E;9014S : ~ ...:.: .... -: ........>~.~ -~ ~ · ~ ~ .~: · ~ ~ ........ STREET 1 442 E L INCOEN ~2GS SERVICES - GENERAL: PROFESSION, TRADE OR OccUPAT[ON PROVZDING PRINCIPALLY A SERV[CE SHALL PAY A LICENSE TAX BASED UPON GROSS RECEIPTS OF BUS[NESS DONE ~[TH[N THE CITY OF TUST[N FOR THE PERIOD FOR THE PERIOD, RECEIPTS .ARE: 0 TO ~;, 000 25,001 TO 100,000 100;001 TO 200,000 200,001 TO 300,000 300:001 TO 600,000 600,001 AND OVER GROSS RECEIPTS IF GROSS TAX DUE JANUAR 1996, A LATE P EXCEED I00% OF TAX AMOUNT DUE $ ~S 00 40 00 50 00 60 00 80 00 100 00 Y I, 1996. IF TAX NOT PAID BY JANUARY ENALTY OF 2SZ PER MONTH UILL BE ADDED TOTAL TAX DUE). CHECK ONE BOX BELOU AND RETURN THIS NOTICE: ( ~')ALL ABOVE INFORMATION CORRECT, CHECK ENCLOSED. (~)BUSINESe., CLOSED ON (--)BUSINESS SOLD TO .. · :late, under penalty of perjury, that the above information and correct. 31, (NOT TO ON ' ( NAM E/ADD R-E~-) '--~O-THO~~J~ ~ DATE Community Development Department Attachment B April 30,. 1996 City of Tustin Centennial Way SENT VIA CERTIFIED MAIL #p 010 680 43¢0~ustin. CA92680 ANb FIRST CLASS MAIL Mr. Nick S. Nammari Mr. Tony S. Nammari Caliber Group, Inc. 17821 E. 17th Street, #250 Tustin, .California 92680 SUBJECT: BUSINESS LICENSE INVALIDATION _ CALIBER GROUP, INC. Dear Mr. Nammari: Please be advised that your business license (Business License #132340) is hereby deemed'invalid. Further., there is evidence which indicates that your business, Caliber Group, Inc., is in violation of Section 2512d of the Tustin City Code (copy a.ttached). Director (714) 573-3031 Planning & Zoning Info. (714) 573-3140 Building (714) 573-3131 (714) 573-3132 Housing (714) 573-3117 Code Enforcement (714) 573-3134 Business License (714) 573-3144 ' Inspection Requests The City s Business License Re, cords indicate the current (714)573-3141 address of Caliber Group, Inc. is at 17291 Irvine Blvd. #261 Tustin CA This information has been determined to (714) 573-3111 ' ' ' Graffiti Hot Line be inaccurate since I am aware that your business location has changed. No new business license or change F~ Machine of address has been submitted for your new location at (714)573-3113 17821 E. 17th Street, #250 Tustin, CA. Furthermore, the information provided in the original business license. application for 17291 Irvine Blvd., #261 does not contain a~ accurate description of the nature of the business being conducted. For these reasons, I have found the license to be invalid and hereby revoke the same.. Please note that you may appeal this decision directly to the City Council for 'final determination. However, suCh appeal must be in writing and be received by the Finance Department within thirty (30) days of the date of the receipt of this correspondence' You are entitled to be represented by Counsel; and, you may present evidence and shall be given a full opportunity to show cause why the subject license should not be revoked. Should you formally file an appeal, you will be notified at least ten (10) days in advance of the .Council hearing date. Letter to Nick S. Nammari and Mr. Tony S. Nammari Caliber Group, Inc. April 30, 1996 Page 2 Please contact Elizabeth Binsack, Community Development Director at (714) 573-3031, should you have' any questions regarding this matter. Sin,~rely, Director of Finance RN: RW: kbm\caliber, ltr Attachment cc: i~IiZabeth BinsaCk 'Lois Jeffrey, city AttorNey Rita Westfield Nena McNamara, Business License Clerk Joy Stephens, Pacific West Asset Management Corporation Attachment C Knickerbocker Law Corporation, PC May 29, 1996 Via Federal Express, Standard Overnight Delivery City of Tustin Community Development Department 300 Centennial Way Tustin, California 92680 Re.' Business Licence Invalidation / Caliber Group, Inc. Ladies and Gentlemen, PIIIY 3 0 1996 cv°t t u trr I represent Caliber Group, Inc., in connection with your pending proceeding to revoke its business license. From the information that I have, evaluated, there are no grounds for the action you contemplate, and the documents supplied to me and my client afford none. What appears to exist is an animus upon the part of the City to an attempt to, by prior restraint, preclude my client's protected First Amendment activities and interfere with, and interrupt its, lawful business. My client hereby appeals the City's decision to revoke its business license. Please provide me with a full and complete statement of charges upon which you base your contemplated revocation, a copy of any heating procedures my client is entitled to, and the authority for your actions or contemplated actions. Demand is further made for a formal administrative heating. I trust that your will give this matter your immediate attention. Very truly yours, KNICKERBOCKER LAW CORPORATION, PC cc: Client 12121 Wilshire Boulevard, Suite 1103, Los Angeles, California 90025 Telephone (310) 314-1600 Telecopier (310) 589-9263 Attachment D 'I-his application is for:. CITY OF TU$'I'IN Buain~ __CFTY OF TUS']']N Home Oc--'up3tion OD'T~IDE Scrvicc or Comraaor doir~ busincas in Turin __C].~.NGE OF OWR~ERSHTP. List previous own¢lz BUSINESS LICENSE NUMBER , OF. TUSTIN BUSINF_~S LICENSE APPLICATION 300 Cente~miai Way Tustin, CA 92680 C714)573-3144 FAX (714)573-3113 START DATE .. (If b??.~.~._n.4n,¢ is n~ot ).our iegall name. you must file a fictitious business name wi~_..t~¢ County .C3. erk) ____._ ( accepted for Businesa address) BUSINESSNAME: BUSINESS ADDRESS: CITY: MAILING ADDRESS: BUSINESS PHONE (~ sun'z# /i-q-- *If business is a City orTu~tin addrc~ you mu~ include a copy of your re~ie&cllers permit showing thc Tu~tin location STATE LICENSE # TYPE OF BUSINF. SS (Plc.'~e be specific) THIS BUSINESS IS A (check one) TYPE EXPIRATION DATE ~o~ denc~s/~el Sole Owncrflfip Social Security # of O~mer Independent Contractor Social Security # of O~m~ 7 , Parmer~hip Partnership Tax ID # Corporation ~ Corporate Id~tifi~atlon # STATEEMPLOYERIDEN~rlFICATION# 133 qq3 V STATE FEDERAL ID# 33 "O~qO ~ 7 STATE LAW REQUIRES THE FC)LLOWING INFOR. MAT1ON ON ALL PRINCIPALS. IF NECESSARY, PLE.~E ATTACH A LIST OF ADDITIONAL PRINCIPALS. (FTB Reg. 19286.8). ~ NAME --']'-f37[~-- N~5~IOOIOOL~_~;. DRIXrERSLICENSE# W~ t~q ~d--/. RESIDENCE ADDRESS %q o o CITY ~i" g STATE ZIP q2_~'~c~ PHONE('3'g) ?2 2' qg¢~, NAME ' DRIXrERs LICENSE # RESIDENCE ADDRESS CITY / STATE EMERGENCT CONTACT FOR BUSINESS " ZIP _,,-/~PHONE( ") Certain businer~c~ and/or profcr~ion~ may require a hearing before the Literate and Permit Board, for whleh ma additiorml fee will be charged. In some instance% fm§erprinting and/or lmckground checks will be required, also at an additional charge. I hereby declare, ,,n&r penalty ofperjnt% that the foregoing infommtl.on ia true and corr.. A~ a tmaditiou for the i.~uan~e nfthe llceme applied for, I agree to ~ubmi! any additional information that may be required AND TO CONDUCT ALL PHASES OF THIS BUSINESS IN CONFORMANCE WITH ALL APPLICABLE GUDa. TIONS ESTABLISHED FOR SLICH BUSINESg/PROFF. SSION. , O P~'1~D N.~UTL~ ' DA'r~. ' SEE REVERSE SIDE FOR FE .E.$ ~ CHECKS PAYABLETO: ~ OFTU~'IN Deu-unine tax du'~ P~,alty if applicable $ TOTAL DUE $ ,,, ' .,' ':i:iD ATE' i-:':'i'::;' amount I check# ] dat~ I initial AN'Y VIOLATION OF COl)E, I%IISREI,P---NTA'I'iON, FAi.SE' MISI. EADINC OR IN£:O,MPL" APPLICATION TO lie DENIED OR Ill )El). FEES ARE NOT REFUNI)AIILF_ ~ CHANGE OF OWNERSHIP. PRE\qOus OWNER: NEW BLISINESS IN TIIE CITY OF TUSTIN. Caliber Group Inc~ BUSINESS NAME OWNER OR CONTACT PERSON Tony Nammari BUSINESS LOCATION 17821 17th Ste 250, Tustin Ca 92680 IS YOLIR BUSINESS: _4~_ OFFICE USE ONLY WAREHOUSE USE ONLY INDUSTRIAL USE ONLY .. RETAIL USE ONLY ~ WHOLESALE [;SE ONLY ..... SERVICE USE ONLY %~S ~ NO = YES NO ~ %q~S NO .. YES NO YES _~'NO YEs_~ ~o YEs NO YES NO -- YES __.NO YES NO YES NO YES NO _ YES NO YES NO YES NO YES NO %~-S NO YEs NO YES NO YEs ~ NO ~ ~S ' NO ' YES ~ NO .. YES ~ NO YEs ..~ NO } so, wHlc~ ONES? IF YOUR BUSINESS IS A COMBINATION OF THESE, LIST PERCENTAGES OF EACH TIIAT APPLY: I0_~ % OFFICE % WAREHOUSE % INDt,STRIAL % RETAIL %; WHOLESALE __ % SERVICE · %NSWERS ON Tills FORA{ MAY CAUSE Tills C~E~flCALS OF ANY KIND. INCLUDING; POISONS. CORROSIVES. ACIDS. FLAMMABLES. COMBUSTrBLES. ETC. PLEASE LIST STORAGE OF HIGH PILED STOCK OR RACK STORAGE DUST COLLEC~ON SPRAY BOOTH YOUR BUSFNESS LOCA~ON ~qLL BE CHECKED BY ZONING. BLqLD~G. WATEk POLIC~ AND FIRE DEPARTMENTS. ~ YOU HAVE ANY DOUBT THAT YOUR . BUS~_SS LOCA~ON. AC~VFFY. AND/OR BUILDING DOES NOT CONFORM wrrH TH~ REQUIREMENTS OF THE MUNqC~AL CODE. YOU AR~ URGED TO CONTACT THESE DEPARTMENTS FOR FURTHER INFORMA~ON BEFORE F~LING THIS APPLICA%qON. NO~CE TO HOME OCCt~'A~ON APpI3CANTS I~ISTU~ crrY CODE SEC~ON 9297 ' . SECTION i I~4 HOME OCCUPA~]0N IS HEREBY DEFINED AS FOLLO~: AN OCCL~'A~ON CARRIED ON WHOLLY %vrrHrN A DWELL~qG BY AN OCCUP~ OF DWELLrNG. AS A SECONDARy USE. IN C~)NNEC~ON WTTH W~CH THERE IS: NO PERSON EMPLOYED WHO IS NOT A RESIDENT OF THE PREM/SES. NO EXTERIOR DISPLAY. NO STOCK-tN-TRADE OR COMMODrrY SOLD UPON TH~ PREMISES. NO MECHANICAL OR ELECTRICAL EQUIPMENT USED EXCEPT SUCH AS CUSTOMARY FOR HOUSEKEEPING I'URI~DSES. NO OUTSIDE OI'ERA~ONS OR STORAG~ NO ALTERATION OF THE RESIDENTLAL APPEARANCE OF THE PRF2v~S~. NO SIGNS DISPLAYED. NO AC~%qTY CONDUCTED W~CH IS HAZARIX]US TO THE HEALT~ SAFETY OR WELFARE OF THE GENERAL PUBLI~ OR WHICH EMrr~ SMOK~ DUS'r. FUMES. ODORS. V~RATION$. GLARE OR ELECTRICAL DISTURBANCES ONTO ANY OTHER PRENflSES. NO ACTIVrry WHICH GENERATES EXCESSIVE PEDESTPdAN TRAF~C OR VEHICULAR TRAF~C OR PARKING IN EXCESS OF THAT OTHER~SE NORMALLY FOUND rN THE ZON~ NO PARKn~G OR USE MADE OF ANY VE~ OVER 3/4 TON CARRYFNG CAPACrrY. NO PARKING ~N THE FRONT YARD. DRIVEWAY OR ~fl~EDLATELY ADJACENT TO THE PRENflSF~ OF ANY VEH]CJ.E BEARING ANY SIGN. IDENTIFICATION OR ADVER~S -EMENT OF THE HOME OCCUPA~ON. l UNDERSTAND THAT T~S APPLICA~ON AN~ I,Ay~-N~r OF TAX DOES NOT LICENSE ME TO OPERATE UNT~ I HAVE FULFILLED ALL P. EQ~ OF THE TUSTIN MUN]C~AL CODE. AL. TY O,F PERJURY THAT I HAVE 'READ AND UNDERSTAND THE ABOVE STATEMEI~I'TS. ,,- , " Ton? N~±, l:~'es±dent ' 5-30'96 T~m-r NA~ AND'rrn~ · · . .. · ..... , .. ,. .... .o .- - . . .:. .-; ,~.%,, WILL YOU PROVIDE A PUBLIC TRANSPORTATION SERVICE? %%qLL YOU OPERATE A SOCIAL CLUB OR DATING SERVICE? WILL YOU PROVIDE PUBLIC DANCING? PILL YOU PROVIDE LIVE ENTERTAINMENT AND/OR ADULT EN~I'ERTAINMENT? . WILL YOU PROVIDE BILLIARDS. POOL. BAGATELLE. BOWLING ALLEYS. OR MORE THAN FIVE (5) PINBALL OR ELECTRONIC GAMES? %~qLL YOU PROVIDE A PRIVATE PATROL sERVICE? %~gLL YOU OPERATE A BATik SALYNA BATik OR MASSAGE ESTABLISHN{ENT? %%qLL YOU BE SOLICF~NG DOOR TO DOOR OR ON THE TELEPHONE? %%~LL YOUR BUSINESS SELk MANUFACTURE OR HAVE MAIL ORDER 'ADUL~ BOOKS. LINGERFE. OR TOYS? W~L YOU OPERATE A I'A%%qq SHOP. AN~qQUE STORE. OR BUSINESS THAT BUYS OR SELLS USED ITEMSv WILL YOU SELL CANCELABLE FIREARMS? - PILL YOUR BUSINESS HAVE A BURGLARY/ROBBERY ALARM? ARE YOU DOING ANY INTERIOR OR EXTERIOR REMODELING IN THE BUILDING? ARE YOU INSTALLING OR RELOCATING ANY II%"I'SR]OR PARTITIONS? WILL THERE BE ANY PLt~4BING. ELECTRICAL. OR MECHANICAL WORK INSIDE OR OUTSIDE THE STRUCTURE? WILL ANY ACCESSORY SHEDS. COVERS. OR A~NGS BE CONSTRUCTED FOR THIS BUSINESS? %%qLL YOU BE CONSTRUCTING ANY SIGNS OR DISPLAYS OUTS~)E OF THE BULLDING? YVILL YOU BE STORING ANy MATERIALS OUTSIDE OF THE BU]LDING? WILL YOU BE STORING ANY COK~{ERClAL VEhqCLES. Tf~DL$. OR EQUIPMENT ON SITE? WILL ANY EMPLOYEES BE DISPATCHED FROM YOUR HOME? W~L YOU HAVE ANY ABOVE OR UNDERGROUN~D TANKS? IS YOUR BUILDING CURREN~FLY EQUH'PED ~TrH F~RE SI'R/NKLERS? IS YOUR BUILDING CURRE~y EQUIPPED WrrH HEAT OR SMOKE DETECTORS? WILL WATER BE USED IN YOUR NLANUFACTURING OR PROCESSING? %V~L YOUR BUSINESS INVOLVE THE USE OF ANY OF THE FOLLO%%qNG: WOODWORKING SPRAY PAFNTING __ CHEMICAL PROCESSING. ~LANTYFACT~ING. PLATING. OR OTHER DESCRIBE FULL Y COOKING ON COMMERCIAL STOVE OR FRYER OCCUPANT LOAD ~ SQUARE FEET -~__~ . ~ NLIMBER OF EMPLOYEES /.+ -- AT THIS LOCAq~ON -- .,~ OF A IIOM 'F~BASED BUSINESS SEE DEFINITION OF HOME OCCUPATION, SIIO%%q~ BELO%%9 PHONE (71 4)_222-4499 HOME PHONE ( 31 ~ 867-0902.· . Attachment E Community Development Department C June 10, 1996 Mr. Tony Nammari 3900 Birch Street Newport Beach, California 92660 CERTIFIED MAIL # P 010 680 436, RETURN RECEIPT CALIBER GROUP, INC., - 17821 17TH STREET, g250, TUSTIN CALIFORNIA 9268O ity of Tusti.n 300 Centennial Way Tustin, CA 92680 Director (714) 573-3031 Planning & Zoning Info; (714) 573-3140 Building (714) 573-3131 (714) 573-3132 Dear Mr. Nammari: The City of Tustin Community Development Department is in receipt of your application for a Business License for a Booking Agency for dancers and models. On June 3, 1996 the Tustm City Council adopted Ordinance Nos. 1169 and'1170 which places certain restrictions on Adult Entertainment Booking Agencies.. I am including a copy of Ordinance Nos. 1169 and 1170 with this letter for your use. Housing (714) 573-3117 Code Enforcement (714) 573-3134 Business License (714) 573-3144 Inspection Requests (714) 573-3141 Before your BusineSs License can be processed, you must comply with the provisions of Ordinance Nos. 1169 and 1170. Attached for your convenience and use are applications for the approvals identified in the Ordinance. Please be advised that the City of Tustin will not continue processing your Business License application until you have co.mphed with the provisions of Ordinance Nos. 1169 and 1170. Graffiti Hot Line (714) 573-3111 FAX Machine (714) 573-3113 If you have any questions, I' can be reached at (714) 573-3109. Sincerely, Rita Westfield Assistant Director Community Development Department RW:kbmXnamm~xi.ltr application is for: __ New License __ Renewal License ~RT DATE y of Tustin . o0 Centennial Way Tustin, CA 92680 (714) 573-3105 FAX (714) 573-3113 ADULT ENTERTAINMENT BOOKING AGENCY LICENSE APPLICATION ~ICANT NAME CIPAL BusINEss ADDRESS · (IfAppllc, a~ is a CO~p~,-~ion or p~p, please complete applicable sections below) fPO Box. or mailbox tmmber not accepmi) SUITE # STATE .NESS RECORDS ADDRESS fPO Box or mailbox number not SUITE # STATE IN BUSINESS ADDRESS (PO Box or mailbox number not accepted) SI. YrrE # STATE zIP qESS PHONE NUMBER ( ) :OLLOWING INFORMATION IS REQUIRED FOR EACH OF THE OFFICERS, DIRECTORS, OR STOCKHOLDERS OWNING AT LEAST 25% OF ;TOCK IF A (5ORPORATION; AND FOR EACH MEMBER OR'LIMITED PARTNER IF A PARTNERSHIP. IF NECESSARY, PLEASE ATTACH A DF ADDITIONAL PRINCIPALS. IF A RENEWAL APPLICATION, THIS INFORMATION SHALL BE UPDATED. DRIVERS LICENSE # )ENCE ADDRESS CITY STATE DRIVERS LICENSE # )ENCE ADDRESS CITY · STATE 'OLLOWING INFORMATION IS REQUIRED FOR EACH PERSON WHO WILL MANAGE OR SUPERVISE THE OPERATION OF THE BUSINESS ALL EMPLOYEES. IF A RENEWAL APPLICATION, THIS INFORMATION SHALL BE UPDATED. IF NECESSARY, PLEASE ATTACH LIST )DITIONAL PERSONS. )ENCE ADDRESS POSITION CITY DRIVERS LICENSE # (Attach true and correct copy) STATE ZIP POSITION DRIVERS LICENSE # (Attach true and correct copy) )ENCE ADDRESS CITY STATE ZIP y declare, under penalty of perjury, that the information contained in this application is true and correct to the best of my knowledge and after reasonable' gation. I authorize the City, its agents and employees to verify the information contained in this application. As a condition for the issuance of the license for, I agree to submit any additional information that ma), be required. SIGNATLrI:LE PRINTED NAME/TITLE DATE "- AGENCY OPERATIONS {BER OF PERSONS ENGAGED IN PROVIDING THE ENTERTAINMENT SERVICES HIS NUMBER AN ESTIMATE? YES NO THE PERSONS ENGAGED'OR TO BE----~GAG~--~ PROVIDING THE F2qTERTAINMENT SERVICES: ~~~ C O~c TO~ ~ .I NO EMPLOYEES? YES _ NO ~ E OF LOCATIONS BEING SERVED OR TO BE SERVED IN TUSTIN (Plea~ be fRS OF OPERATION CRIPTION OF OPERATIONS APPLICANT~ LICENSE/PERMIT HISTORY IN OTI~-R JURISDICTIONS · E OF LICENSErPEKMrr ~SUED crrY .DATE OF ISSUANCE E OF LICENSE/PERMIT ISSUED 'CITY DATE OF ISSUANCE ~E YOU, A PARTNERSHIP OF WHICH YOU HAVE BEENA PARTNER, ORA CORPOP~TION OF WHICH YOU HAVE BEEN AN OFFICER, ~-CTOR. OR PRINCIPAL STOCKI-IOLDEI~ HAD A LICENSE OR PERMIT FOR AN ADULT ENTERTAINMENT BOOKING AGENCY DENIED, ?ENDED OR REVOKED IN ANOTHER CITY OR COUNTY7 YES NO~ ~, PLEASE COMPLETE TI{E FOLLOWING: fl{ OF ADULT ENTERTAINMENT BOOKING AGENCY ~ET ADDRESS STATE ZIP' ! E PERMIT OR LICENSE WAS DENIED, SUSPENDED OR REVOKED SUITE # CONVICTION HISTORY E YOU OR ANY OF THE MANAGERS, SUPERVISORS, EMPLOYEES OR INDEPENDENT CONTRACTORS OF THE ADULT ENTERTAINMENT ,KING AGENCY BEEN CONVICTED (INCLUDING A PLEA OF GUILTY OR "NOLO CONTENDRE") WITHIN THE FIVE (5) YEARS EDIATELY PRECEDING THE APPLICATION OF ANY OFFENSE INVOLVING SEXUAL CRIMES AGAINST CH/LDREN, SEXUAL ABUSE, E, KIDNAPPING, DISTRIBUTION OF OBSCENE MATERIAL OR MATERIAL HARMFUL TO MINORS, PROSTITIJTION OR PANDERING, ,UDING, BUT-NOT NECESSARILY LIM1TED TO, THE VIOLATION OF ANY CRIME REQUIRING REGISTRATION UNDER CALIFORNIA ~L CODE SECTION 290, OR ANY VIOLATION OF PENAL CODE SECTIONS 243.4, 261, 261.5,264.1,266, 266A THROUGH 266K, INCLUSIVE, 286, 286.5,288, 288A, 311 THROUGH 311.10, INCLUSIVE, 314, 31 $, 316, OR 647, OR ANY OFFENSE OUTSIDE THE STATE OF CALIFORNIA r WOULD CONSTITUTE ANY OF THE ABOVE-DESCRIBED OFFENSES IF COMMITTED WITHIN TI~ STATE OF CALIFORNIA? NO E YOU OR ANY OF THE AGENTS, MANAGERS, SUPERVISORS, EMPLOYEES, OR INDEPENDENT CONTRACTORS.OF THE ADULT ~.RTAINMENT BOOKING AGENCY BEEN CONVICTED (INCLUDING A PLEA OF GUILTY OR 'NOLO CONTENDRE~) WITHIN THE FIVE (5) ~S IMMEDIATELY PRECEDING THE APPLICATION OF ANY OFFENSE INVOLVING THE SALE OF A CONTROLLED SUBSTANCE SPECIFIED :.ALTH AND SAFETY CODE SECTIONS 11054, 11055, 11056, 11057 OR 11058, OR THE POSSESSION FOR SALE AND/OR POSSESSION OF A [ROLLED SUBSTANCE, AS SPECIFIED ABOVE? YES ~ NO .,, tplete set .of fingerprints of the applicant, ~nd the managers, supervisors, employees, and independent contractors, taken by the Tustin Police Department must ,mitted with this application icense and Permit Board may require additional information, as deemed necessary. )y declare, under penalty of perjury,'that the information contained in this application is true and correct to the best of my lmowledge and after reasonable gation. I authorize the City, its agents and employees to verify the information contained in this application. As a condition for the issuance o£the license for, I agree to submit any additional information that may be required. SIGNATUR2~ PRINTED NAME/TITLE DATE Attachment F Community Development Department June 20, 1996 City of Tustin 300 Centennial Way SENT VIA CERTIFIED MAIL WP 0i0 680 437 Tustin, CA92680 FIRST CLASS MAIL AND FACSIMILE Richard L. Knickerbocker Knickerbocker Law Corporation, PC 12121 Wilshire Boulevard, Suite 1103 Los Angeles, California 90025 SUBJECT: NOTICE OF APPEAL ~EARING FOR BUsINEss LICENSE Dear Mr. Knickerbocker: Pursuant to Section 2512f of the Tustin City Code, Notice is hereby gived that the City Council for the City of Tustin will hear your appeal ion Monday, July 1, 1996. The Council meeting will commence at 7:00 p.m. in the City Council Chambers located at 300 Centennial Way, Tustin, CA. A copy of the agenda will be forthcoming. If you have any questions, please call me at (714) 573- 3031. Sincerely, Elizabeth A. Binsack Director of Community Development Director (714) 573-3031 Planning & Zoning Info. (714) 573-3140 Building (714) 573-3131 (714) 573-3132 Housing (714) 573-3117 Code Enforcement (714) 573-3134 Business License (714) 573-3144 Inspection Requests (714) 573-3141 Graffiti Hot Line (714) 573-3111 FAX Machine (714) 573-3113 EB: kbm\knick, ltr cc: Sent by Certified Mail: Mr. Tony S. Nammari & First Class Caliber Group, Inc. Lois Jeffrey, City Attorney City Clerk -~STiN CiTY CODE BUSINESS LICENSE TAX Attachment G CHAPTER 5 BUSINESS LICENSE TAX · PART 1 GENERAL PROVISIONS 2511 INTRODUCTION a Definitions "Business" includes professions, trades and occupations, and all and every kind of calling, whether or not for profit. "Person" includes all domest/c and foreign corporations, associations,.syn'dicates, joint stock corporations, partnerships of every kind, club~ institutions, business or common law trusts, societies and individuals transacting and carrying on anT business in the City, other than as an employee. (Ord. No. 328; Sec. 2) b Chapter for Revenue Purposes -, . This Chapter is enacted solely to raise revenue for municipal purposes, and is not intended for regulations. -(Ord. No. 328, Sec. 3) Not Substitute for Other Licensing Measures Persons required to pay a license tax for transacting and carrying on any business under this Chapter shall n~t be relieved from the payment of any license tax for the privilege of doing such business as required by any other ordinance of the City, and shall remain subject to the regulatory provisions of other ordinances. (Ord. No. 328, Sec. 4) d Effect on Prior Obligations and Actions Neither the adoption of this Chapter nor its superseding of any portion of any other ordinance of the City shall in any manner be construed to affect prosecu- tion for violation of any other ordinance committed prior to the effective date hereof, nor be construed as a waiver of any license or any penal provision applicable to any such violation, nor be construed to affect the validity of any bond or cash deposit required by any ordinance to be posted, filed or deposited, and all rights and obligations thereunto appertaining shall continue in full force and effect. (Ord. No. 328, Sec. 5) 2512 LICENSE REQUIRED License Tax Imposed There are hereby imposed upon the businesses, trades, professions, callings and occupations specified in this Chapter license taxes in the a~ounts hereinafter prescribed. It shall be unlawful for any person to transact and carry on any business, trade, profession, calling or occupation in the City without first REV: 1-82 RT-5-3 CITY COD=- Bt]$i~C=-SS LICi:NSE TA>; £512a having procure~ a licL~nse from the City to do so, or without complying with any and all applica~ble provisions of t~his Chapter. (Ord. No. 328, Sec.. 6) b Certain Businesses Exempted Subsection a shall not be construed to require any person to obtain a license prior to doiDg business wit!~in the City if such requirement conflicts with applicable ~tatutes of the United States of America or of the Sta%e. (Ord. No. 328, Sec. 6) Persons not required to obtain a license prior to doing business within the City because of conflict with applicable statutes of the United States of America or of t~e State shall be liable for the payment of the tax imposed by this Chapter. (Ord. No. 328, Sec. 6) There shall be exempt from the provisions of this Chapter, the business of any express corporation, freight forwarder, motor transportation broker, or person or corporation owning or operating motor vehicles in the transportation of property for hire upon the public highways, under the jurisdiction of the Public Utilities Commission of the State of California, which con£fsts of the transportation of property, and every service performed in connection therewith, other than where the origin point and the destination point of such transported property are within the boundaries of the City of Tustin. (Ord. No. 539, Sec. 2) c Branch Establishments A separate license mus.t be obtained for each branch establishment or location of the business transacted and carried on, and for each type of business at the same location, and each license shall authorize the licensee to transact and carry on only the business licensed thereby at the location or in the manner designated in such license; provided, that warehouses and distributing plants used in connection with and incidental to a business licensed under ~he provi- sions of this Chapter shall not be deemed to be separate places of business or branch establishments. (Ord. No.328, Sec. 9) .d Issuance of License E.very Person required to have a license under the provisions of this Chapter shall make application to the Finance Director of the City in such form as the Finance Director shall designate, and upon payment of a prescribed license tax, the Finance Director shall issue to such person a license which shall contain (1) the name of the person to whom the license is issued, (2) the business licensed, (3) the place where such business is to be transacted and caf'tied on, (4) the date of expiration'of such license, and (5) such other info,rmation as the Finance Director ma';' deem reasonable or necessary for the enforcement of the provisions of this Chapter. Ail information specified to be set forth on any applicanion form prescribed by the Finance Director shall be submitted completely and accurately and the li- cense subsequently issued shall be based upon the information submitted. Any license shall be deemed based upon the. application on file, and if the informa- tion is incomplete or inaccurate, the license shall be deemed invalid. If information submitted in an application subsequently becomes incomplete or inac- REV: ~-82 RT-5-4 cur::re by re'so:~ ,:f a cl~an!;t, ['n circ:m~.~ ::n,'e.~, ',bt' license sl~all thereattev dee.ri, ed 'invalid. "?on ~he Finance Director's lc;-;rning ,~f any inaccur~cy incompleteness, notice shall be oiven forthwith to the licensee, at the .address shown on the license, that the license is invalid. (Ord. No. 427, Sec ]' 0rd No. 810, 9-17-79) ' , - e Investigation of Application The Finance Director shall make such investigations and inspections required for particular businesses as may be necessary, and may designate investigations and inspections to be made by other departments in accordance with th~ following general guides: (1) The Department of Building and Safety shall review applications in- volving a change of occupancy of any portion of a building, and in such other circumstances as may involve questions of .compliance with building, electrical, plumbing or other construction codes. (Ord. No. 328, Sec. 28) (2) The Fire Department shall review applications which involve businesses or premises which may constitute substantial fire risks, or any risk~ of serious danger -_o human life or property. (Ord. No. 328, Sec. 28) (3) The Police Department shall review applications for businesses which may affect public' morals, involve substantial danger of fraud or deception, pose %unusual police problems, may involve the handling or receiving of stolen goods to a higher degree than usual, tend to affect traffic control, involve public assembly, include police-type functions, are of a kind which ·tend to attract or involve undesirable persons or ot~herwise substantially affect public safety. If the Police Department in the person of the Chief of Police or his designated representative, determines that it is reasonable or necessary, it may require fingerprinting and photographing of a proposed licensee, and any or all of its 0fficers, partners, ownTers, managers, or employees. (Ord. No. 328 Sec' 28; Ord. No. 427, Sec. 2) ' . (4) The Health Department shall review applications for businesses which involve the preparation, storage or sale of food or ~ink, except in sealed containers. (Ord. No. 328, Sec. 28) ' · (5) Other departments, agencies or officers shall review applications when the pro.rx~sed business poses special problems dealth with by such department, agency or officer. (Ord. No. 328, Sec. 28; Ord. No. 810, 9-17-79) f Appeal from Decision of Finance Director Any person may appeal to the City Council any decision of the Finance Director with respect to the issuance or refus-i to issue such license by filing, a notice of appeal with the Clerk of the Council. The Council shall thereupon . fix a time and place for hearing such appeal. The Clerk of the Council shall 'give notice to such person of the time and place of hearin9 by serving it oersonallv or by depositing it in the United States Post Office at Tustin, California, postage prepaid, addressed to such person at his last known address. The Council shall have the authority to determine all questions raised on such appeal. No such determination shall conflict with any substantive provision of this Chapter. (Ord. No. 328, Sec. 20; Ord. No. 810, 9-17-79) REV: t-82 RT-5-5 TUSTIN CiTY CODE BUSINESS LICENSE T~X 2512g 9 Licenses Not Transferable No license issued pursuant to this Chapter shall be transferable; provided, that where a license is issued authorizing a person to transact and carry on a business at a particular place, such licensee may, upon application therefor and payment of a fee of ~ive Dollars ($5.00), have the license amended to authorize ~e transacting and carryin9 on of'such business, under such license at some other location to which the business is or is to be moved. (~kd. No. 328, Sec. 22) -. h DuPlicate Licenses A duplicate license may be issued by the Finance Director to replace any license previously issued hereunder which has been lost or destroyed, upon the licensee filing a statement of such fact. (Ord. No. 427, Sec. 3; Ord. No. 810, 9-17-79) i Postih~'and Display of License All licenses must be kept and posted in the following ~nner: (!) Any licensee transacting and carrying on business at a fixed place of business in the City shall keep the license posted in a conspicuous place upon the premises where such business is carried on. (2) Any licensee transacting and carrying on business but not operated at · a fixed place of business in the City shall keep the license upon his person at all times while transacting and carrying on such business. Any agent or employee of any such license shall car~ in his possession an employee's license card, which shall be provided to any such licensee upon request by the Finance Director. (Ord. No. 328, Sec. 25; Ord. No. 427, Sec. 4; Ord. No. 810, 9-17-79) (3) All vehicles licensed by the City shall have a s~icker issued by the City placed in a conspicuous place upon such vehicle at all times. (4) All Vending machines licensed by the City shall have a current sticker issued by the City placed upon such. vending machine at all times. Any and all . machines not having such required current sticker shall be subject to impound- ment by the Chief of Police. (Ord. No. 328, Sec. 25) 2513 · EXEFfPTIONS FROM TAX PAYMENT a. Generally Nothing in this Chapter shall be deemed or construed to apply to any person · transacting and carrying on any business exempt, by virtue of the Constitution or applicable statutes of the United States of America or of the State, from the amount of such taxes as are herein prescribed. \ ¢ None of the license taxes provided for by this Chapter shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license tax is believed by a licensee or applicant for a license to place an undue burden upon such. commerce, he may apply to the Finance Director for an adjustment of the tax so that it shall not be discriminatory or unreasonable as to such commerce. Such application may be made before, a- or within six (6) months after pasnnent of the prescribed license tax. /he ~_pplicant shall, by affidavit and supporting testimony, show his method of business and the gross volume or estimated grogs volume of business, and such ut:nor information as the REV: 1-82 RT-5-6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Attachment H RESOLUTION NO. 96-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, UPHOLDING THE DECISION OF THE FINANCE DIRECTOR TO INVALIDATE BUSINESS LICENSE #132340 TUSTIN, CALIFORNIA The City Council of the City of Tustin does hereby find as follows: I. a. That on September 13, 1994, the Caliber Group Inc. received a Business License (No. 132340) for an office use for a booking agency of promotional events and performers at 17291 Irvine Blvd., #261. Caliber represented in its license'application that it was an office 'use with four (4) employees and did not provide entertainment. B o That Caliber Group Inc. has subsequently occupied two (2) other locations in the City of Tustin including: 14751 Plaza Drive, #N; and, 17281 E. 17th Street, #250. As of the date of invalidation, Caliber had not updated its locational information with the Business License Division or requested a new license for a different location. C. That as a result of complaints received, the Special Investigations Unit of the Police Department, conducted a surveillance of the Caliber Group Inc. operations, and confirmed that entertainment was being provided by Caliber, and that the number of employees exceeded four (4) as identified on the business license D . That on April 30, 1996, pursuant to Section · 2512 of the TuStin City Code, the City's Finance Director invalidated Caliber Group's business license due to inaccurate iocational information provided on the Business License and an inaccurate description of the nature of the business conducted. That on May 29, 1996, an appeal was filed by Richard L. Knickerbocker on behalf of Caliber Group, Inc., pursuant to the Tustin City Code. F . That on or about June 17, 1996, the landlord for the Caliber Group's current location, 17281 E. 17th Street, obtained an order of eviction against the Caliber Group. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 96-74 Page 2 G , That pursuant to Caliber's appeal, a hearing for consideration before the City Council was duly noticed for 7:00 p.m. on July 1, 1996. That the City Council considered all comments made and documents presented at the hearing. II. Based upon the above findings, which is based on eVidence.presented at the hearing, the City Council hereby resolves to uphold the decision of the .Finance Director as set forth in the April 30, 1996 letter to the appellant. PASSED AND ADOPTED at a regular meeting of the City Council held on the 1st day of July, 1996. TRACY WILLS WORLEY Mayor PAMELA STOKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 96-74 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 1st day of July, 1996, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK