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HomeMy WebLinkAboutORD 0929 (1985) 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 [he City Council of the City of Tustin, California, does hereby ordain as fol 1 ows: "Section 1531 Board Created:" is amended to read: there is hereby created a License and Permit Board, which shall act as an ~ppeals board on administrative decisions made concerning the granting or ~enial of permits required by Sections 3212, '3222, 3230, 3242, 3303, 3412, 3432, 3440, and 3711 of the Tustin Municipal Code. The board shall also have the authority to revoke for cause, any permit issued in accordance with Sections 3212, 3222, 3230, 3242, 3303, 3412, 3432, 3440 and 3711 of the rustin 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 b na e payable by any permittee who is su ject to payment of 15 ~ ~ pursuant to the Business License sections of the Tustin Municipal "Section 3211 e Issuance to Reli.gious, Charitable, Similar Organizations:" ~s amended to replace "Chief of Police" with the Director of Community )evelopment; and by deleting the phrase "without any action on the part of the License and Permit Board". "Section 3211 g Temporary Suspension:" is amended to read: Any permit issued ice, a copy of which order shall be transmitted by the Chief 3f Police to the City Council at its next regular meeting. Such order shall ~e 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 such 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 of Community Development". "Section 3222 c Issuance of Permit:" is amended to read as follows: "Upon receiving an application for an entertainment permit the Director of Sommunity 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 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 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 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 A follows: " 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". I Ordinance No. 929 9. page three "Section 3242b Application for License", amended to change the term "City 4 Clerk" to "Director of Community Development" and the term "License and Permit Board" shall be changed to "Director of Community Development". 5 "Section 3242f Investigation of Applicant", shall be amended to change the 6 i~"er'm "City Clerk" to "Director of Community Development" and change the term "City Administrator" to "City Manager". "Section 3242g Issuance and Contents of License", amended to change the term 8 "License and Permit Board" to "Director of Community Development" and the term "City Manager" changed to "Director of Community Development". 9 "Section 3243a Suspension", subsection (1) is amended to change the term 10 "City Administrator" to "City Manager". 11 "Section 3243a Suspension", subsection (5) is amended to change the term "City Administrator" to "City Manager" and the term "City Council" to 19. "License and Permit Board". 13 "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 15 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 ]6 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". 18 "Section 3303a" is amended to read as follows: "Application and 19 Investigation. Any person desiring to engage in one or more of the businesses covered by this Chapter shall first make application in writing to 20 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 21 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 22 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 23 otherwise, they shall reject and deny the same. "Section 3303b" is amended to change the term "License and Permit Board" to 25 "Chief of Police". 26 27 28 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 Pol ice". "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." Ordinance No. 929 page five "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 Pol ice". "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. Ordinance No. 929 page six 4 "Section 3443b" is amended to change the term "City Administrator" to "License and Permit Board."' 5 "Section 3443c" is amended to rea'd as follows: "The Chief of Police shall 6 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 8 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 10 Tustin on the 17th day of June , 1985. 11 ~ANK H. G~EI?NT~E' Mayor ~Attest: 18il ~8 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) § CITY OF TUSTIN ) MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does 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 Ordinance No. 929 was duly and regularly introduced and read at a regular meeting of the City Council held on the 3rd day of June, 1985, and was given its second reading and duly passed and adopted at a regular meeting held on the 17th day of June, 1985, by the following vote: AYES : COUNCILPERSONS: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli NOES : COUNCILPERSONS: None ABSENT: COUNCILPERSONS: None ABSTAINED: COUNCILPERSONS: None Summaries published: June 13, 1985 June 27, 1985