HomeMy WebLinkAboutORD FOR INTRODUCTION 06-03-85 GENDA
Inter- Corn
DATE: June 3, 1985
ORDINANCES FOR INTRODUCTION
TO:
FROM:
SU BJ ECT:
HONORABLE MAYOR AND CITY COUNCIL
COI~IIJNITY DEYELOPMEliT DEPARTRENT
AREND~ENT TO RUNICIPAL CODE: LICENSE & PERI, IT BOARD PROCEDURES
BACKGROUND & DISCUSSION:
Existin~ Procedures
Presently, subsequent to various sections of the City Code, the operation of
certain enumerated business within the City is contingent upon securing a permit
from the License & Permit Board. Thts process requires that an applicant submit
necessary documents to the Community Development Department which in ~urn
distributes the information to the Police, Public Works, Fire Department and
City Attorney's Office, as well as the Chamber of Commerce.
Once appropriate comments are returned to the Community Development Departmnt,
a hearing before the board is scheduled.
Membership on the board officially consists of the City Manager, Chief of
Police, and the President of the Chamber of Commerce. However, as a general
rule, alternates are designated to serve In place of the City Manager and the
Chief of Police. Additionally, support staff (i.e., Deputy City Attorney, and
Planning, Building, Police staff) are normally in attendence.
Businesses Requirtn~ License and Permit Hearings
The following businesses or events are required to obtain a permit from the
License & Permit Board.
1. Vehicular Businesses
a. Taxicabs
b. Ambulances
c. To~ trucks
d. Ice Cream Venders
2. Large Gatherings (i.e., Tusttn Tiller Days, July Fourth Celebration)
3. Public Dancers
4. Bingo games
5. Pool Halls/Bowling Alleys
6. Security Businesses
a, Burglary and robbery alarm systems
b. Private patrol operators
7. Live entertainment
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City Council
Business Regulations
page two
AIIALYSIS:
Although the practical considerations of requiring special permits for certain
businesses or events is understood and supported, the present system adds an
inefficient layer of regulation that appears to be unnecessary and often causes
delays to the prospective business person. These delays result from the
necessity of convening the board at a time convenient to all members, as well
as, establishment of a large enough agenda to make. the hearing cost effective.
To eliminate this extra step, Draft Ordinance No. 929 has been prepared for
Council consideration. Essentially, the proposal would make the issuance of
special permits administrative, subject to individual department approval. For
example, instead of four departments reviewing tow truck applications, and then
the same departments being represented at a hearing, the Chief of Police would
be authorized to. approve or deny an application. Rationalization behind this
approach is that the other various departments are not in any fashion concerned
with whether or not a tow truck company is permitted to operate in the City.
{The exception of course is the Business License division} As a safeguard, the
draft revisions include that any administrative decision may be appealed to the
License & Permit Board, and appropriate hearings conducted.
RECOI~E#DED ACI'ION:
It is recommended that'Ordinance No. 929 amending various section of the Tustin
city Code as they pertain .to business'regulations be adopted.
M.O. first reading of Ord. No. g29 by title only
M.O. introduction of Ord. No. 929.
JD:do
attach: Draft Ord. No. 929
Community Development Department
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ORDINANCE NO. 929
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN AMENDING VARIOUS SECTIONS~
OF THE MUNICIPAL CODE PERTAINING TO
BUSINESS REGULATIONS
The City Council of the City of Tustin, California, does hereby ordain as
follows:
"Section 1531 Board Created:" is amended to read:
'here is hereby created a License and Permit Board, which shall act as an
lppeals board on administrative decisions made concerning the granting or
~enial of permits required by Sections 3212, 3222, 3230, 3242, 3303, 3412,
)432, 3440, and 3711 of the Tustin Municipal Code. The board shall also have
:he authority to revoke for cause, any permit issued in accordance with
;ections 3212, 3222, 3230, 3242, 3303, 3412, 3432, 3440 and 3711 of the
Fustin Municipal Code.
'Section 3212 a,b~c~f" is amended to replace "License & Permit Board" with
'Director of Community Development" and modifying pronouns as appropriate.
'Section 3212 d Fees:" is amended to read "The fee for a permit issued
)ursuant to this Part shall be a sum established by resolution of the city
~ouncil and payable annually in advance; provided,, however, that no
~dditional fee shall be payable by any permittee who is subject to payment of
~ fe~, pursuant to the Business License sections of the Tustin Municipal
lode.
'Section 3211 e Issuance to Religious, Charitable, Similar Organizations:"
is amended to replace "Chief of Police" with the Director of Community
)evelopment; and by deleting the phrase "without any action on the part of
:he License and Permit Board".
Section 3211 ~ Temporary Suspension:" is amended to read: Any permit issued
)ursuant to this Part may be temporarily suspended by written order signed by
the Chief of Police, a copy of which order shall be transmitted by the Chief
~f Police to the City Council at its next regular meeting. Such order shall
be passed upon by the City Council at its regular meeting after such issuance
~nd shall cease to be of any effect thereafter, but the City Council may at
;uch meeting adopt a resolution continuing such temporary suspension in
!ffect pending a hearing of the License & Permit Board.
'Section 3222 b Application for Permit:" is amended to replace the term
'License & Permit Board" with "Director or Community Development".
'Section 3222 c Issuance of Permit:" is amended to read as follows: "Upon
· eceiving an application for an entertainment permit the Director of
:ommunity Development shall cause an investigation of the applicant and his
)mployees, the place where the entertainment is to be presented, and the type
)f entertainment proposed. This investigation shall be conducted by the
~hief of Police. If on the basis of the required investigation it is
~etermined that the applicant and those persons associated with him in the
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Ordinance No. 929
page two
conduct of the business are of good moral character, that' the entertainment
proposed is not unlawful, that the place where the entertainment is to be
presented is suitable for the type of entertainment proposed and that the
granting of such permit will not be detrimental to the public safety, morals,
comfort and welfare, nor detrimental to adjacent properties or uses, the
Director of Community Development shall issue a non transferrable permit for
such entertainment. If the Director of Community Development determines that
the application does not satisfy the requirements he shall deny the
application. If the application is denied, the applicant shall be so advised
by registered letter directed to the address shown on the application or by
personal service. Service shall be deemed complete upon deposit of the
letter in the United States Post Office."
"Section 3222 d Applicant's Conviction of a Felony:" is amended to read as
follows: "A person shall be prima facie disqualified for an entertainment
)ermit if he has been convicted of a felony. As used herein, the term
"conviction" includes pleas of guilty and nolo contendre. The Director of
Community Development, as the issuing authority, is specifically authorized
to obtain state summary criminal history record information as provided for
in Section 11105 of the Penal Code of the State of California.
"Section 3222 e Appeal:" is amended to change the term "City Administrator"
to "License & Permit Board".
"Section 3224 Modification of Permit:" is amended to change the term "License
& Permit Board" to "Director of Community Development".
"Section 3228a Permit Required", amended to change term "License and Permit
Board" to "Director of Community Development".
"Section 3228b Applicant's Conviction of a Felony", amended to read as
follows: "A person shall be prima facie disqualified for a carnival permit
if he has been convicted of a felony. As used herein, the term "conviction"
includes pleas of guilty and nolo contendre. The Director of Community
Development, as the issuing authority is specifically authorized to obtain
state summary criminal history record information as provided for in Section
11105 of the Penal Code of the State of California.
"Section 3228c Appeal", amended to change the term "City Administrator" to
"License and Permit Board".
"Section 3230 Permits Required", amended to change the term "License and
Permit Board" to "Director of Community Development".
"Section 3232 Cost for Required Extra Services", amended to change the term
"License and Permit Board" to "Director of Community Development".
"Section 3232a Control and Illumination", amended to change the term "License
and Permit Board" to "Director of Community Development".
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Ordinance No. 929
page three
"Section 3242b Application for License", amended to change the term "City
Clerk" to "Director of Community Development" and the term "License and
Permit Board" shall be changed to "Director of Community Development"
"Section 3242f Investigation of Applicant", shall be amended to change the
term "City Clerk" to "Director of Community Development" and change the term
'!City Administrator" to "City Manager".
"Section 32429 Issuance and Contents of License", amended to change the term
"License and Permit Board" to "Director of Community Development" and the
term "City Manager" changed to "Director of Community Development".
"Section 3243a Suspension", subsection (1) is amended to change the term
"City Administrator" to "City Manager".
"Section 3243a Suspension", subsection (5) is amended to change the term
"City Administrator" to "City Manager" and the term "City Council" to
"License and Permit Board".
"Section 3243b, subsection (1) Revocation", amended to change the term "City
Administrator" to "City Manager".
"Section 3243b, subsection (2)"~ amended to read: "Any organization whose
license is revoked under this Section shall not conduct any bingo game in the
City until such time as the City Council, on appeal, determines to overrule
the decision of the City Manager or the License and Permit Board."
"Section 3243h" is amended to change the term "License and Permit Board" to
"Director of Community Development".
"Section 3303a" is amended to read as follows: "Application and
Investigation. Any person desiring to engage in one or more of the
businesses covered by this Chapter shall first make application in writing to
the Chief of Police who shall have the authority to grant a permit to engage
in such business in the City. The Chief of Police shall have full power to
grant or reject such application and after proper investigation, if it shall
appear that such person is suitable and proper, and if they further find that
the location and arrangement of the proposed place where the business is to
be conducted and carried on is satisfactory, they shall grant a permit and if
otherwise, they shall reject and deny the same.
"Section 3303b" is amended to change the term "License and Permit Board" to
"Chief of Police".
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Ordinance No. 929
page four
"Section 3303d" is amended to read as follows: "Applicant's Conviction of a
Felony. A person shall be prima facie disqualified for a permit if he has
been convicted of a felony. As used herein, the term "conviction" includes
pleas of guilty and nolo contendre. The Chief of Police as the issuing
authority, is specifically authorized to obtain state summary criminal
history record information as provided for in Section 11105 of the Penal Code
of the State of California."
"Section 3303e" is amended to change the term "City Administrator" to
"License and Permit Board."
"Section 3305" is amended to change the term "License and Permit Board" to
"Chief of Police".
"Section 3412d" is amended to change the term "License and Permit Board" to
"Chief of Police".
"Section 3412e" is amended to change the term "License and Permit Board" to
"Chief of Police".
"Section 3412i" is amended to read as follows: "Applicant's Conviction of a
Felony. A person shall be prima facie disqualified for a permit if he has
been convicted of a felony. As used herein, the term "conviction" includes
pleas of guilty and nolo contendre. The Chief of Police, as the issuing
authority, is specifically authorized to obtain state summary criminal
history record information as provided for in Section 11105 of the Penal Code
of the State of California".
"Section 3412j" is amended to change the term "City Administrator" to
"License and Permit Board".
"Section 3413a" is amended to change the term "City Clerk" to "Community
Development Department Business License Section" and to change the term
"License and Permit Board" to "City Attorney".
"Section 3413e(1)" is amended to change the term "License and Permit Board"
to "Chief of Police".
"Section 3413j(2)" is amended to change the term "License and Permit Board"
to "Chief of Police".
"Section 3414a" is amended to read as follows: "The Chief of Police, upon
the recommendation of the City Engineer, shall designate in any permit
granted by it the exact location of the taxicab stand; such permit shall also
specify the exact number of feet and location of any parking or stand space
reserved for such taxicab stand, which reserved space may at any time be
changed, diminished or increased by the Chief of Police. Every taxicab stand
as designated by the Chief of Police shall be indicated by red paint or other
red material upon the entire curb surface thereof, with the words, "Taxicabs
Only" in white letters thereon."
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Ordinance No. 929
page fi ve
"Section 3414c" is amended to change the term "License and Permit Board" to
"Chief of Police".
"Section 3414d" is amended'to change the term "License and Permit Board" to
"Chief of Police".
"Section 3414e" is amended to change the term "License and Permit Board" to
"Chief of Police".
"Section 3432e Investigation" is amended to read as follows:
"Investigation. Upon receipt of any such application, the Chief of Police
shall inspect the vehicles and equipment and shall require the applicant or
any person named in the application to be photographed and fingerprinted.
The Chief of Police shall complete his investigation within thirty (30) days
unless prevented from doing so by lack of cooperation of the applicant or
other person named in the application and shall note on the application form
his findings regarding the moral character of the applicant and other persons
named in the application, the adequacy and safety of the vehicle with respect
to cleanliness, equipment, safety devices, brakes, lights, and obsolescence,
and the reasonableness of the rate schedule in comparison to rates of other
tow services in the vicinity."
"Section 3432f" is amended to read as follows: "The Chief of Police may
issue a permit in accordance with said application, subject to such
conditions as may be deemed appropriate by the Chief, including the minimum
and maximum number of vehicles that may be used. In reaching a decision, the
Chief of Police shall consider the following factors: (1) Whether the
applicant is qualified on the basis of moral character, experience in the
towing business, and financial responsibility; (2) The probable effect that
approval of the application would have on the level and quality of service
available to the public; (3) Whether the facilities, personnel and
equipment which the applicant proposes to use are adequate; (4) The
reasonableness of the rate schedule in comparison to rates of other town
services in the same vicinity.
"Section 3440" is amended to change the term "License and Permit Board" to
"Chief of Police".
"Section 3441" is amended to change the term from "License and Permit Board"
to "Chief of Police".
"Section 3442" is amended to change the term from "License and Permit Board"
to "Chief of Police".
"Section 3443a" is amended to read as follows: "A person shall be prima
facie disqualified for a permit if he has been convicted of a felony. As
used herein, the term "conviction" includes pleas of guilty and nolo
contendre. The Chief of Police, as the issuing authority, is specifically
authorized to obtain state summary criminal history record information as
provided for in Section 11105 of the Penal Code of the State of California.
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Ordinance No. 929
page six
"Section 3443b" is amended to change the term "City Administrator" to
"License and Permit Board.'"
"Section 3443c" is amended to read as follows: "The Chief of Police shall
completely examine the application forms, and shall cause an inspection of
all vehicles to be used in conjunction with the proposed business. Upon a
determination that the applicant's proposed activities do not present any
unreasonable threat to the public health and. safety generally, and to young
children in particular. The Chief of Police shall grant a permit upon such
terms and conditions as afford reasonable protection."
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin on the day of , 1985.
Attest:
URSULA E. KENNEDY,
Mayor
MARY E. WYNN,
City Clerk