HomeMy WebLinkAboutORD 1252 (2002)ORDINANCE NO. 1252
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING SPECIFIED SECTIONS OF ARTICLE 3 OF
THE TUSTIN CITY CODE RELATING TO BUSINESS REGULATIONS
AND REPEALING PART THREE OF CHAPTER 5 OF ARTICLE 1 OF THE
TUSTIN CITY CODE RELATING TO THE LICENSE AND PERMIT
BOARD.
The City Council of the City of Tustin does hereby ordain as follows:
The City Council finds and determines as follows:
A,
That an amendment to Article 3 of the Tustin City Code related to business
regulations has been prepared to regulate businesses that are recognized
as having characteristics which may pose particular threats to the public
health, safety, and welfare.
B,
That the proposed amendment is not a "project" pursuant to the provisions
of the California Environmental Quality Act (CEQA).
C,
That the proposed amended business regulations are reasonably
necessary to protect the health, safety, and welfare of the citizens of the
City of Tustin.
D,
That the City's current business regulations need to be revised to comply
with state and federal law.
Bo
That the proposed amendments are consistent with the Tustin General Plan
in that they comply with Goal 4 to assure a safe, healthy, and aesthetically
pleasing community for residents and businesses.
Fo
That amended regulations for massage establishments and technicians
are necessary for the following reasons:
o
The City of Tustin is authorized, by virtue of the State Constitution,
and Section 51031 of the Government Code, to regulate massage
establishments by imposing reasonable standards relative to the skill
and experience of massage operators and massage technicians and
reasonable conditions on the operation of a massage establishment.
,
There is a significant risk of injury to massage clients by improperly
trained and/or educated massage technicians, and the regulations
provide reasonable safeguards against injury and economic loss.
,
Massage establishments present an opportunity for acts of
prostitution and the use and sale of illegal drugs. Such illegal activity
Ordinance No. 1252
Page 2
h'as been documented by police reports in cities in Orange County,
such as Newport Beach, San Juan Capistrano, and Costa Mesa,
which have several massage establishments. The establishment of
reasonable standards for issuance of permits and restrictions on
operations would serve to reduce the risk of illegal activity.
,
The restrictions and requirements contained in this Chapter reduce
the burdens on the City's police personnel and permit the
deployment of the police personnel such that more serious crimes
may be prevented.
,
The massage regulations and restrictions tend to discourage
massage establishments from degenerating into houses of
prostitution or sites for illegal drug use and sales; the means utilized
in this Chapter bear a reasonable and rational relationship to the
goals sought to be achieved.
G,
That amended regulations for fortunetelling are necessary for the
following reasons:
·
The practice of fortunetelling for pay, as defined in this ordinance,
has historically been subject of abuse by certain unscrupulous
practitioners using the practice to commit fraud and larceny upon
clients.
,
It is the purpose of this ordinance to regulate the practice of
fortunetelling for pay in such a manner as to reduce the risk of fraud
or larceny to clients while allowing fortunetellers to provide their
services to clients with only minimal restrictions.
,
The provisions of this ordinance will make it more difficult for an
unscrupulous fortuneteller to commit fraud or larceny, and yet, as
content neutral regulations, will not affect the nature of the
information conveyed by the fortuneteller nor the manner in which
that information is conveyed. These regulations require only minimal
expense and effort on the part of the fortunetellers and will not,
therefore, impose any undue burden on their practices.
,
Because it is done with a group in a public place, fortunetelling for
entertainment purposes, as defined in this ordinance, does not
create the same risk of fraud or larceny by unscrupulous
practitioners as would the practice with an individual client.
S_e_C_,J:J_QJ3_Q. Chapters 1 through 8 of Article 3 of the Tustin City Code are hereby
repealed in their entirety and new Chapters 1 through 7 of Article 3 of the Tustin City
Code are hereby added to read as follows:
Ordinance No. 1252
Page 3
CHAPTER 1
GENERAL BUSINESS REGULATIONS
CHAPTER INDEX
PART 1 PURPOSE
3111 PURPOSE
PART 2 SCOPE/APPLICABILITY
3121 SCOPE/APPLICABILITY
PART 3 AUTHORITY
3131 AUTHORITY
PART 4 DEFINITIONS
3141 DEFINITIONS
PART 1 PURPOSE
3111 PURPOSE
The purpose of this Article is to regulate businesses within the City which are
recognized as having characteristics which may pose particular threats to the public
health, safety, or welfare. Special regulation of these businesses is necessary to ensure
the protection of the public health, safety, and welfare.
PART 2 SCOPE/APPLICABILITY
3121 SCOPE/APPLICABILITY
The business regulations in this Article shall apply to those businesses operating
within the City and identified in this Article. Whenever the applicability of this Article to a
particular business is subject to varying interpretation, the City Council shall be the appeal
body and final decision maker as to the scope of this Article and its application to a
particular business.
All businesses operating within the City of Tustin shall comply with the
requirements of Article 3 regardless of when they began operating within the City.
Businesses holding valid Tustin business licenses for any business activity regulated in
Ordinance No. 1252
Page 4
this Article shall be given one (1) year from the effective date of the applicable regulation
to submit a complete permit application to the Director.
PART 3 AUTHORITY
3131 AUTHORITY
The City's authority to regulate businesses is derived from its police powers under
Article XI, Section 7 of the State Constitution, the provisions of various state statutes
including the Porter Cologne Act, and the federal Clean Water Act.
PART 4 DEFINITIONS
3141 DEFINITIONS
As used in this Article, the following terms and phrases shall have the meanings
ascribed to them in this Part, unless the context in which they are used clearly requires
otherwise. Terms and phrases that are not defined shall have the common meanings
ascribed to them in Webster's or other dictionaries recognized as "standard."
Abandoned.
Director.
Ceased or suspended for one year or more, as determined by the
Adult entertainment. Dancing, modeling, stripping, or other conduct which is
distinguished or characterized by an emphasis on depicting or suggesting specified
sexual activities or exposing or suggesting the exposure of specified anatomical areas.
Adult entertainment booking agency. A person, as defined herein, who in exchange
for a fee, charge, or other form of consideration, provides or arranges for adult
entertainment, whether by employee, independent contractor, or other arrangement.
Amusement activity. A carnival, circus, fair, boxing or wrestling exhibition, ferris wheel,
marathon, bicycle or road race, zoo, menagerie, merry-go round, rodeo, trained animal
show, wild animal show, traveling show, wild west show, street dance, or any other similar
or related type of amusement, place, or activity, which takes place on a temporary basis
on public property, private property, or in City streets and is open to the public. The term
shall not include activities such as petting zoos, pony rides, children's attractions and
other minor amusements that are accessory to City-approved temporary uses.
Autobroker. An auto dealer who engages in the business of brokering motor vehicles.
Auto Dealer. A person who:
For commission, money, or other thing of value, sells, exchanges, buys, or
offers for sale, negotiates or attempts to negotiate, a sale or exchange of an
interest in, a motor vehicle, or induces or attempts to induce any person to
Ordinance No. 1252
Page 5
buy or exchange an interest in a vehicle and who receives or expects to
receive a commission, money, brokerage fees, profit, or any other thing of
value, from either the seller or purchaser of said vehicle; or
(2)
Is engaged wholly or in part in the business of selling motor vehicles or
buying or taking in trade, motor vehicles for the purpose of resale, selling, or
offering for sale, or consigned to be sold, or otherwise dealing in motor
vehicles, whether or not such motor vehicles are owned by such person.
The term "auto dealer" does not include a person who:
(1) Does not sell motor vehicles at retail;
(2)
Is regularly employed as a salesperson by an auto dealer licensed under
this Part while acting within the scope of that employment;
(3) Is not engaged in the purchase or sale of motor vehicles as a business; or
(4) Is a "pawnbroker."
Bingo game. A game of chance in which prizes are awarded on the basis of
designated numbers or symbols on a card which conform to numbers or symbols
selected at random.
Body piercing. The creation of an opening in a human body for the purpose of
inserting jewelry, other decoration, or object. This includes, but is not limited to, piercing
of an ear, lip, tongue, nose, or eyebrow. "Body piercing" does not, for the purpose of this
chapter, include piercing an ear with a disposable, single-use stud or solid needle that is
applied using a mechanical device to force the needle or stud through the ear.
Brokering. An arrangement under which an auto dealer, for a fee or other
consideration, provides or offers to provide the service of arranging, negotiating, assisting,
or effectuating the purchase of a new or used motor vehicle, not owned by the auto
dealer, for another or others.
Business establishment. Any retail store, food market, theater, restaurant, service
station, bar, hotel, motel, or any other establishment which is open to, and provides, the
public with any goods or services.
Check casher. A person that for compensation engages in the business of providing
pay day loans or cashing checks, warrants, drafts, money orders, or other commercial
paper serving the same purpose as cash, not including a state or federally charted bank,
savings association, credit union, industrial loan company, or retail seller engaged
primarily in the business of selling consumer goods that cashes checks or issues money
orders for a minimum fiat fee not exceeding an amount established by State Law, as a
service to its customers that is incidental to its main purpose or business.
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City. The City of Tustin.
Convicted, Conviction.
nolo contendere.
A plea or verdict of guilty or a conviction following a plea of
Director. The Director of the Community Development Department or designee.
Employee. An individual who works for another in return for financial or other
compensation, including an independent contractor.
Establish an adult entertainment booking agency. Includes any of the following:
To open or commence an adult entertainment booking agency, as a new
business;
(2)
To add adult entertainment booking agency services to an existing
business; or
(3) To relocate any adult entertainment booking agency.
Firearm. Any device, designed to be used as a weapon, from which is expelled
through a barrel a projectile by the force of any explosion or other form of combustion.
For pay. The exchange of a service or merchandise for a fee, reward, donation, loan,
or receipt of anything of value.
Fortunetelling. The telling of fortunes, forecasting of fortunes, or furnishing of any
information not otherwise obtainable by ordinary process of knowledge, by means of any
occult, psychic power, clairvoyance, clairaudience, cartomancy, phrenology, spirits, tea
leaves, or other such reading, mediumship, augury, astrology, palmistry, necromancy,
mindreading, telepathy, or other craft, art, science, cards, talisman, charm, potion,
magnetism, magnetized article or substance, gypsy cunning or foresight, crystal gazing,
oriental mysteries or magic, of any kind or nature.
Garage Sale. A garage, yard, lawn, patio, or similar type sale held anywhere on the
premises in any residential property for the purpose of disposing of personal property
owned by the person or persons conducting the sale.
Goods. Tangible personal property, including motor vehicles, but excluding
secondhand items such as books, sports equipment, clothing, and furniture.
Large outdoor gathering. A music festival, dance festival, public dance, show,
exhibition, fair, or any other organized outdoor gathering or activity, which takes place on
a temporary basis on public property or private property with the property owner's
consent, and is anticipated to be attended by more than five hundred (500) persons at
Ordinance No. 1252
Page 7
any one time. Parades, marches, or organized gatherings involving more than 25 people
on City streets or sidewalks are not governed by this Article 3.
Live entertainment. Includes live music, dance, comedy, fashion, illusionist, or
dramatic performances in bars, restaurants, public spaces at shopping malls, other
places open to the public, or on public property with the property owner's consent.
Except that for purposes of this Article, live entertainment does not include single
performers, duos, disc jockeys, karaoke singers, or sexually oriented businesses.
Massage. Any method of treating the external parts of the body for remedial, hygienic,
relation, or any other reason or purpose, whether by means of pressure on, friction
against or stroking, kneading, tapping, pounding, vibrating, rubbing, or other manner of
touching external parts of the body with the hands, or with the aid of any mechanical or
electrical apparatus or appliance with or without supplementary aids such as rubbing
alcohol, liniment, antiseptic, oil, powder, cream, ointment, or other similar preparations
commonly used in this practice.
Massage establishment. Any business where any person, firm, association,
partnership, corporation, or combination of individuals engages in, conducts, carries on or
permits to be engaged in, conducted or carried on for money or any other consideration,
administers to another person a massage, bath, or health treatment involving massages
or baths.
Massage operator. Includes all persons who have an ownership interest in a massage
establishment.
Massage technician. Any person who administers to another person a massage
within a massage establishment in exchange for anything of any value whatsoever. The
terms "massage therapist" and "massage practitioneF' are included within this definition
for purposes of this Section.
Mobile automobile service. A service that has no regular fixed location or services
and generally comes to businesses to provide vehicle washing, cleaning, and/or
maintenance. The term shall not include temporary car wash fundraisers that have
temporary use permits.
Mobile ice cream vendor. A person who operates any vehicle for the primary purpose of
selling or offering for sale ice cream, ice milk, or other frozen confections, candy, and/or
beverages.
Motor vehicles. Vehicles of a type subject to registration or motorcycles of a type
subject to identification or State registration.
Pattern of violation. Three (3) or more violations within two (2) years.
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Page 8
Pawnbroker. Any person, partnership, firm or corporation engaged in the business of
receiving goods in pledge as security for a loan. "Receiving goods as security for a loan"
does not include the good faith, outright purchase of goods.
Permanent cosmetics. The application of pigments to or under human skin for the
purpose of permanently changing the color or other appearance of the skin. This
includes, but is not limited to, permanent eyeliner, eye shadow, or lip color.
Permit. An official document or certificate issued by the Director of Community
Development, Planning Commission, or City Council authorizing performance of a
specified activity.
Person. An individual, partnership, or corporation.
Property. Something tangible or intangible to which its owner has legal titles.
Secondhand dealer. Includes any person engaged in the business of buying, selling,
trading, accepting for sale on consignment, accepting for auctioning, auctioning, or taking
in pawn secondhand tangible personal property. "Secondhand Dealer" does not include:
(1)
A coin dealer or participants at gun shows or events, as those terms are
defined in Section 21626 of the Business and Professions Code, or
successor provisions;
(2) A person performing the services of an auctioneer for a fee or salary; or
(3)
A person whose business is limited to the reconditioning and selling of
major household appliances, provided the appliances are not traded, taken
in pawn, accepted for drop off, accepted for sale on consignment, accepted
for auction, auctioned, or bought except in bulk.
Sexually oriented business. An adult arcade, adult bookstore, adult novelty shop,
adult video store, adult cabaret, adult motel, adult motion picture theater, adult tanning
salon, adult theater, adult stripper or dancer, sexual encounter establishment, sex
supermarket/sex mini-mall, or nude model studio.
Specified anatomical areas.
Include any of the following:
(1) Less than completely and opaquely covered human genitals, pubic
region, buttocks, anus, or female breasts below a point immediately
above the top of the areola;
(2) Human male genitals in discernibly turgid state, even if completely and
opaquely covered; or
(3)
Any device, costume, or covering that simulates any of the body parts
included in subsections (1) or (2) above.
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Specified sexual activities. Include any of the following:
(1)
The fondling or other erotic touching of human genitals, pubic region,
buttocks, anus, or female breasts, whether of self or another;
(2)
Sex acts, actual or simulated, including intercourse, oral copulation, or
sodomy;
(3) Masturbation, actual or simulated;
(4)
Excretory functions as part of or in connection with any of the activities
described in subdivision (a) through (c) of this subsection;
(5) .
Striptease, or the removal of clothing, or the wearing of transparent or
diaphanous clothing, including models dressed only in lingerie to the
point where specified anatomical areas are exposed;
(6) Human genitals in a state of sexual stimulation, arousal, or tumescence;
or
(7)
The actual or simulated infliction of pain by one human upon another, or
by an individual upon himself/herself, for the purpose of the sexual
gratification or release of either individual, as a result of flagellation,
beating, striking, or touching of an erogenous zone, including without
limitation, the thigh region, genitals, buttocks, pubic region, or, if such
person is a female, a breast.
State Check Casher Permit. A permit issued by the California Department of Justice
authorizing a person to engage in the business of check casher.
Tangible personal property.
Includes, but is not limited to, the following:
(1)
All secondhand personal property, excluding motor vehicles,
which bears, or at the time acquired by the dealer bears, evidence
of having had a serial number or personalized initials or
inscription;
(2)
All tangible personal property, new or used, including motor
vehicles, received in pledge by a pawnbroker;
(3)
All personal property for which a report is required to be made
under the provisions of Division 8 of the Financial Code regarding
pawnbroker regulations, and Chapter 9 of Division 8 of the
Business and Professions Code regarding secondhand goods, or
successor provisions.
Ordinance No. 1252
Page 10
The term shall not include secondhand books, CDs, sports equipment, clothing, or
furniture.
Tattooing. To insert pigment under the surface of human skin, by pricking with a
needle or otherwise, to produce an indelible mark or figure visible through the skin.
Transfer of ownership. Includes any of the following:
(1) The sale, lease, or sublease of the business;
(2)
The transfer of securities which constitute a controlling interest in the
business, whether by sale, exchange, or similar means; or
(3)
The establishment of a trust, gift, or other similar legal device which
transfers ownership or control of the business, including the transfer by
bequest or other operation of law upon the death of a person possessing
the ownership or control.
Weapon. Any firearm or explosive device, or any device designed to be used in
offensive or defensive combat or for sport, whether or not the weapon will be so used,
and which is otherwise allowed by law to be possessed or sold.
CHAPTER 2
ENTERTAINMENT
CHAPTER INDEX
PART 1
PART 2
AMUSEMENT ACTIVITY
3211
3212
3213
3214
AMUSEMENT ACTIVITY PERMIT REQUIRED
INVESTIGATION
APPLICATION REQUIREMENTS
EXEMPTIONS
BINGO GAMES
3221
3222
3223
3224
BINGO PERMIT REQUIRED
ELIGIBLE ORGANIZATIONS
APPLICATION REQUIREMENTS
REGULATION FOR GAMES
a Financial Interest
b Open to Public
c Attendance to Occupation Capacity
d Games Conducted Only on Permitted Property
Ordinance No. 1252
Page 11
Exclusive Operation by Permittee
Minors Not to Participate
Intoxicated Persons Not to Participate
Participants Must be Present
Times of Operation
Maximum Amount of Prizes
Accounting and Audit
Profits to be Kept in Separate Fund or Account
PART 3 LIVE ENTERTAINMENT
3231
3232
3233
3234
3235
3236
3237
LIVE ENTERTAINMENT PERMIT REQUIRED
PREREQUISITES FOR LIVE ENTERTAINMENT PERMIT
INVESTIGATION
APPLICATION REQUIREMENTS
EXEMPTIONS
REGULATION OF LIVE ENTERTAINMENT
MODIFICATION OF PERMIT
PART 4 LARGE OUTDOOR GATHERINGS
3241
3242
3243
3244
3245
LARGE OUTDOOR GATHERING PERMIT REQUIRED
INVESTIGATION
APPLICATION REQUIREMENTS
EXEMPTIONS
NO OBSTRUCTION OF PUBLIC WAYS BY PATRONS OF LARGE
GATHERING
PART 1 AMUSEMENT ACTIVITY
3211 AMUSEMENT ACTIVITY PERMIT REQUIRED
No person shall establish, set up, maintain, exhibit, participate in, conduct, or carry
on any amusement activity, with or without a charge being made therefor, without first
having obtained an amusement activity permit from the Director. Amusement activity
does not include marches or parades on City streets and sidewalks.
3212 INVESTIGATION
The Director shall cause to be investigated the place where the activity is to occur
and whether it is suitable for the type of activity proposed, and whether the granting of
such permit with or withOut conditions will be detrimental to the public safety, morals,
comfort, and welfare, or detrimental to adjacent properties or uses.
Ordinance No. 1252
Page 12
3213 APPLICATION REQUIREMENTS
In addition to all other information requested on the application form, the applicant
shall file all of the following with the Director:
(1)
A detailed description of the program, agenda, or plan of activities of the
proposed amusement activity;
(2)
A statement of the estimated number of persons reasonably expected to
attend the amusement activity;
(3)
A detailed description of each of the following items proposed by the
applicants for the proposed amusement activity:
(a)
A copy of each proposed advertisement and a description of all
proposed publicity;
(b)
A plan of the proposed access and traffic flow routes of ingress and
egress together with proposed directional signing; traffic barriers,
traffic control officers, and pedestrian control officers;
(c) A proposed parking plan;
(d) A proposed sanitation plan, including provisions for toilets and
drinking water;
(e) A proposed plan for medical first aid assistance;
(f) A proposed plan for fire protection;
(g)
A description of existing or proposed physical improvements,
including fences, gates, ticket booths, stages, light and sound
towers, grandstands, food vending, and other booths;
(h)
A proposed cleanup plan for the premises, adjacent areas and
routes of access for ingress and egress;
(i) A proposed plan for providing food and beverages;
(j) A proposed illumination plan;
(k) A proposed dust control plan; and
(I) A proposed sound amplification system plan.
Ordinance No. 1252
Page 13
(4)
Written evidence of the property owner's consent to the proposed
Amusement Activity.
(5) Evidence of liability insurance
(6) Evidence of required permits or approvals, or requests for such
approvals, from other regulatory agencies.
3214 EXEMPTIONS
Activities such as petting zoos, pony rides, children's attractions, and other minor
amusements that are accessory to City-approved temporary uses shall be exempt from
the requirement to obtain an amusement activity permit.
PART2 BINGO GAMES
3221 BINGO PERMIT REQUIRED
No person shall establish, set up, maintain, conduct, or carry on any bingo game
without first having obtained a bingo permit from the Director.
3222 ELIGIBLE ORGANIZATIONS
Only organizations exempted from the payment of California bank and corporation
taxes by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 237011 of the
Revenue and Taxation Code, mobile home park associations, and senior citizens
organizations are eligible to apply for a bingo permit, provided that the receipts of such
games, with specified exceptions, are to be used only for charitable purposes ("eligible
organizations"). Application for a bingo permit shall not be filed unless the applicant has,
for at least twelve (12) months immediately preceding the filing of such application, owned
or leased the property within the City of Tustin upon which such games are proposed to
be conducted; provided, however, (1) that any organization which has held a valid license
or permit for such games for premises within the City for at least one (1) year and
relocates to new premises within the City, shall not be disqualified from receiving a permit
at its new premises even though it has not occupied the new premises for one (1) year,
provided that it is otherwise qualified to receive a permit for such new premises; and (2)
further provided that an eligible organization which owns or, leases property on which the
organization proposes to conduct such games, and which property has been used by
such organization for an office or for the purposes for which the organization is organized
shall not be disqualified from receiving a permit for such premises even though the
organization has not occupied the premises for one (1) year.
3223 APPLICATION REQUIREMENTS
In addition to the information requested on the City's application form, the
application for a permit shall be accompanied by the following:
Ordinance No. 1252
Page 14
A statement that the applicant represents an eligible organization under
this Part 3 and a Certificate or Determination of Exemption under section
23701a, 23701b, 23701d, 23701e, 23701f, 23701g or 237011, if
applicable, or a letter of good standing from the Exemption Division of
the Franchise Tax Board in Sacramento showing such exemption.
Mobile Home Park Associations or Senior Citizen organizations shall
submit copies of their organizational documents.
(2)
The name and signature of at least two (2) officers, including the
presiding officer, of a corporation where applicable, and the trustee(s) of
any trust.
(3)
The particular property, address(es) on which property(ies) the bingo
games will be conducted, the occupancy capacity of such place, and a
description of parking facilities and spaces available.
(4)
Proposed days of week and hours of day for conduct of the games. A
statement of whether the application is for a single game or for a series.
of games, and if for a series, the specific dates or the specific period of
recurrence (weekly, monthly) of the games.
(5)
A statement that the applicant shall conduct such games in strict
accordance with the provisions of Penal Code Section 326.5 and this
Part as may be amended from time to time. The permit to conduct such
games may be revoked by the Director upon violation of any of such
provisions.
(6) A description of any security measures to be provided.
3224 REGULATIONS FOR GAMES
a Financial Interest
No individual, corporation, partnership, or other entity, except the permittee, shall
hold a financial interest in the conduct of bingo games.
b Open to Public
All games shall be open to the public, not just to the members of the licensee
organization.
c Attendance Limited to Occupancy Capacity
Notwithstanding that such games are open to the public, attendance at any game
shall be limited to the occupancy capacity of the room in which such game is conducted
Ordinance No. 1252
Page 15
as determined by the Building Division. Licensee shall not reserve seats or space for any
person.
d Games Conducted Only on Permitted Property
A permit issued under this Part shall authorize the holder thereof to conduct such
games only on property the address of which is stated in the application.
e Exclusive Operation by Permittee
A bingo game shall be operated and staffed only by a member of the permittee
organization. Such member shall not receive a profit, wage, or salary from such game.
Only the permittee shall operate such game or participate in the promotion, supervision,
or any other phase of such game.
f Minors Not to Participate
No person under the age of eighteen (18) years of age shall be allowed to
participate in a game.
g Intoxicated Persons Not to Participate
No person who is obviously intoxicated or under the influence of illegal drugs shall
be allowed to participate in a game.
h Participants Must be Present
No person shall be allowed to participate in a game unless the person is physically
present at the time and place in which the game is being conducted.
Times of Operation
(1)
Any location approved pursuant to a permit granted by the City may be
utilized for the conduct of bingo games on only two (2) days during any
seven-day period regardless of the number of licensees permitted to
conduct games at such location. Once during each calendar year, the
Director of Community Development may permit a permittee to conduct
games for more than two (2) days during any seven-day period, provided
that such permission shall be limited to games conducted in conjunction
with an established annual event regularly held by the permittee such as an
annual festival, bazaar, or similar event.
(2)
No bingo game shall be held before 10:30 a.m. nor after 11:30 p.m. of any
day and each session of games shall not exceed six (6) hours in duration.
Ordinance No. 1252
Page 16
j Maximum Amount of Prizes
The total value of prizes awarded during the conduct of any bingo game shall not
exceed two hundred fifty dollars ($250) in cash or kind for each separate game which is
held.
k Accounting and Audit
The permittee shall keep full and accurate books of the income and expenses
received and disbursed in connection with bingo games authorized by this Part. The City
shall have the right to examine and audit such records between the hours of 8:00 a.m.
and 5:00 p.m., Monday through Friday, and permittee shall fully cooperate with the City's
right to examine by making such records available.
Profits to be Kept in Separate Fund or Account
With respect to organizations exempt from payment of the California bank and
corporation tax by Section 23701d of the Revenue and Taxation Code, all profits derived
from a bingo game shall be kept in a special fund or account and shall not be
commingled with any other fund or account. Such profits shall be used only for charitable
purposes. With respect to other organizations authorized to conduct bingo games, all
proceeds derived from bingo games shall be kept in a special fund or account and shall
not be commingled with any other fund or account. Such proceeds shall be used only for
charitable purposes, except as follows:
(1) Such proceeds may be used for prizes.
(2)
A portion of such proceeds, not to exceed twenty (20) percent of the
proceeds before the deduction of floor prizes, or two thousand dollars
($2,000.00) per month, whichever is less, may be used for rental of
property, overhead, including the purchase of bingo equipment,
administrative expenses, security equipment, and security personnel.
PART 3 LIVE ENTERTAINMENT
3231 LIVE ENTERTAINMENT PERMIT REQUIRED
No person shall establish, set up, maintain, conduct, or carry on any live
entertainment for pay or for no charge, without first having obtained a live entertainment
permit from the Director.
Sexually oriented businesses, including entertainers or performers, must obtain
special permits pursuant to Tustin City Code Section 3900 et seq.
Ordinance No. 1252
Page 17
3232 REQUISITES FOR LIVE ENTERTAINMENT PERMIT
A person shall be disqualified from receiving a permit pursuant to this Part if he or
she has been convicted of illegal drug usage, drug dealing or prostitution within the last
five (5) years.
No person shall be eligible to receive a live entertainment permit until such person
has obtained a valid conditional use permit for live entertainment pursuant to Tustin City
Code Section 9270(b).
3233 INVESTIGATION
Upon receiving an application for a live entertainment permit, the Director shall
cause to be investigated: the applicant, the place where the entertainment is to be
presented, the type of entertainment proposed, and if the place is suitable for the type of
entertainment proposed.
The Director shall approve or conditionally approve the permit for such
entertainment if the following determinations are made based on the required
investigation:
(1) The entertainment proposed is not unlawful;
(2)
The place where the entertainment is to be presented is suitable for the
type of entertainment proposed; and,
(3)
The applicant is eligible and not disqualified from receiving the live
entertainment permit.
3234 APPLICATION REQUIREMENTS
In addition to all other information requested on the application form, the applicant
shall file all of the following with the Director:
(1)
The names of any co-owners, partners, silent partners, financial supporters,
and/or investors;
(2)
A list of at least ten entertainers with their names, addresses, phone
numbers, business names, and the dates and locations or places where
they worked for the applicant; and,
(3)
Any other names by which the applicant is known or done business as
(dba).
Ordinance No. 1252
Page 18
3235 EXEMPTIONS
3236
A live entertainment permit shall not be required for the following:
(1) For single performers, duos, disc jockeys, or karaoke singers;
(2)
(3)
For the use of a radio, record, tape, compact disc player, juke box, or
television receiver;
For the use of a piano, organ, or keyboard in any establishment;
(4)
For any entertainment provided for members and their guests at a private
club where admission is not open to the public;
(5)
For entertainment conducted in any theater holding a valid business
license;
(6)
For entertainment conducted or sponsored by any religious organization or
by any bona fide nonprofit club, society, or association, organized or
incorporated for benevolent, charitable, dramatic, or literary purposes
having an established membership and which holds regular meetings other
than such entertainment at regular intervals, when the proceeds, if any,
arising from such entertainment are used for the purposes of such club,
society, or association; and,
(7)
For sexually oriented businesses, which are regulated by Tustin City Code
Section 3910 ~t_sP,.,_q.
REGULATION OF LIVE ENTERTAINMENT
a Transferability
The live entertainment permit shall be nontransferable to any other person
even if the type of live entertainment proposed is identical to the live
entertainment authorized by a previous live entertainment permit for the
same location and even if the entertainment has been provided
continuously. If the ownership of a business at which live entertainment has
been conducted changes such that the person in receipt of a live
entertainment permit is no longer an owner, co-owner, or partner of the
business, the presentation of live entertainment shall cease until a live
entertainment permit has been issued to an owner, co-owner, or partner.
b Visibility
Stage or entertainment areas shall not be open to view from outside the
premises.
Ordinance No. 1252
Page 19
c Employees
No business operating with a valid Live Entertainment Permit shall have any
employee who has been convicted of illegal drug usage, drug dealing or
prostitution within the last five (5) years.
3237 MODIFICATION OF PERMIT
Whenever a permittee intends to present a different type of live entertainment than
that authorized by a live entertainment permit, the permitee shall so advise the Director in
writing and shall furnish such additional information as may be required. The Director
may in his/her discretion authorize the permittee to present the requested type of
entertainment without requiring that application for a new permit be made. Any such
authorization shall be in writing and shall specify the conditions of the modified permit.
PART 4 LARGE OUTDOOR GATHERINGS
3241 LARGE OUTDOOR GATHERING PERMIT REQUIRED
No person shall establish, set up, maintain, exhibit, participate in, conduct, or carry
on any large outdoor gathering for pay or for no charge, without first having obtained a
large outdoor gathering permit from the Director. Large outdoor gatherings do not include
parades, marches, or other gatherings on City streets and sidewalks.
3242 INVESTIGATION
The Director shall cause to be investigated the place where the activity is to occur
and whether it is suitable for the type of activity proposed, and whether the granting of
such permit with or without conditions will be detrimental to the public safety, morals,
comfort, and welfare, or detrimental to adjacent properties or uses.
3243 APPLICATION REQUIREMENTS
In addition to all other information requested on the application form, the applicant
shall file all of the following with the Director:
(1)
A detailed description of the program, agenda, or plan of activities of the
proposed large outdoor gathering;
(2)
A statement of the estimated number of persons reasonably expected to
attend the large outdoor gathering;
(3)
A detailed description of each of the following items proposed by the
applicants for the proposed amusement activity:
Ordinance No. 1252
Page 20
(a)
A copy of each proposed advertisement and a description of all
proposed publicity;
(b)
A plan of the proposed access and traffic flow routes of ingress and
egress together with proposed directional signing; traffic barriers,
traffic control officers, and pedestrian control officers;
(c) A proposed parking plan;
(d)
A proposed sanitation plan, including provisions for toilets and
drinking water;
(e) A proposed plan for medical first aid assistance;
(f) A proposed plan for fire protection;
(g)
A description of existing or proposed physical improvements,
including fences, gates, ticket booths, stages, light and sound
towers, grandstands, food vending, and other booths;
(h)
A proposed cleanup plan for the premises, adjacent areas, and
routes of access for ingress and egress;
(i) A proposed plan for providing food and beverages;
(j) A proposed illumination plan;
(k) A proposed dust control plan; and,
(I) A proposed sound amplification system plan.
(4) Written evidence of the property owner's consent for the proposed activity.
(5) Evidence of liability insurance.
(6)
Evidence of required permits or approvals, or requests for such approvals,
from other regulatory agencies.
3244 EXEMPTIONS
The following activities are exempted from the requirement to obtain a large
outdoor gathering permit:
(1)
Amusement activities for which permits have been granted by the
Director;
Ordinance No. 1252
Page 21
(2)
Events conducted on Tustin Unified School District property with District
approval; and,
(3) Events sponsored or cosponsored by the City.
3245 NO OBSTRUCTION OF PUBLIC WAYS BY PATRONS OF LARGE GATHERING
Patrons of the large gathering shall not gather together and obstruct the free
passage of any street, sidewalk, alley, public way, or access way used by members of the
public.
Patrons of the large gathering shall not stand, sit, or lie on any street or sidewalk
so as to obstruct or hinder the free passage of others.
The holder of the large gathering permit shall be responsible for enforcement of
the foregoing, and the Director may require that security forces be employed to ensure
that public ways are not obstructed.
CHAPTER 3
MOBILE BUSINESSES
CHAPTER INDEX
PART 1 MOBILE ICE CREAM VENDORS
3311
3312
3313
3314
3315
MOBILE ICE CREAM VENDOR PERMIT REQUIRED
PREREQUISITES FOR MOBILE ICE CREAM VENDOR PERMIT
INVESTIGATION
APPLICATION REQUIREMENTS
REGULATION OF MOBILE ICE CREAM VENDORS
Hours of Operation
Location of Operations/Compliance with State law
Noise making Devices
Insurance
Safety
Health
PART 2 MOBILE AUTOMOBILE SERVICES
3321 MOBILE AUTOMOBILE SERVICES PERMIT REQUIRED
3322 REGULATION OF MOBILE AUTOMOBILE SERVICES
Ordinance No. 1252
Page 22
PART 1 MOBILE ICE CREAM VENDORS
3311 MOBILE ICE CREAM VENDOR PERMIT REQUIRED
No person shall operate any business by vehicle for the primary purpose of selling
or offering for sale ice cream, ice milk, or other frozen confections, candy, and beverages
without first having obtained a mobile ice cream vendor permit from the Director for each
vehicle so engaged.
3312 PREREQUISITES FOR MOBILE ICE CREAM VENDOR PERMIT
A person shall be disqualified from receiving a permit pursuant to this part if he or
she has been convicted of any offense requiring registration pursuant to Section 290 of
the Penal Code or Section 11590 of the Health and Safety Code, or any other offense
involving a minor.
3313 INVESTIGATION
The Director shall cause to be investigated all persons proposed to participate in
the operation of the mobile ice. cream vendor business. Such persons shall be
photographed and fingerprinted at the Police Department. All vehicles proposed to be
licensed shall be inspected for safety at the Police Department.
3314 APPLICATION REQUIREMENTS
In addition to all information requested on the application form, the applicant shall
submit the following:
(1) A certificate of liability insurance;
(2)
Evidence of compliance with the provisions of Part I of Chapter 1 of Article
IV of the Tustin City Code pertaining to food and food establishments; and
(3) Evidence of compliance with applicable County and State health
requirements.
(4) Evidence that the vehicle is insured.
3315 REGULATION OF MOBILE ICE CREAM VENDORS
a Hours of Operation
No permittee shall engage in such business between 9:00 p.m. and 7:00 a.m.
Ordinance No. 1252
Page 23
b Location of Operations/Compliance with State law
No permittee shall obstruct vehicular or pedestrian traffic or park within ten (10)
feet of any intersection, driveway, building entrance, or in any designated business
parking space. The driver may only stand or park the ice cream truck with the intent of
selling at the request of a bona fide purchaser for a period of time not to exceed ten (10)
minutes at any one place where parking is allowed. Permittees operating vehicles shall
comply with Vehicle Code Section 22455 and Vehicle Code Sections 22500 et seq.
c Noise-making Devices
Noise-making devices shall be limited to musical devices. No permittee shall
employ horns or whistles. Noise-making devices shall remain silent for a cumulative total
of at least'three (3) minutes during any five (5) minute time period.
d Insurance
Permittees shall carry proof of liability insurance at all times and shall maintain
such insurance continuously for the term of the permit.
e Safety
Permitttees shall continuously
provisions of the Vehicle Code.
f Health
maintain vehicles in compliance with safety
Permittees shall continuously comply with all provisions of County and State law
regarding the safe and healthful handling and storage of foodstuffs.
PART 2 MOBILE AUTOMOBILE SERVICES
3321 MOBILE AUTOMOBILE SERVICES PERMIT REQUIRED
No person shall operate or maintain a mobile automobile service without first
having obtained a mobile automobile services permit from the Director.
3322 REGULATION OF MOBILE AUTOMOBILE SERVICES
Mobile automobile services shall comply with the provisions of City Code Section
4900 et seq., Water Quality Control, pursuant to the National Pollutant Discharge
Elimination System (NPDES).
When cleaning engines and/or vehicles using chemical additives such as soaps,
solvents, or degreasers:
(1)
Service must be performed at a facility that has the equipment to treat,
process, and dispose of the contaminated wastewater runoff; or
Ordinance No. 1252
Page 24
(2)
Service must be performed using a leak-proof ground cover device that will
catch and contain all wastewater runoff for later disposal in a manner that
complies with City, County, State, and Federal codes.
Equipment, such as ground cover devices, shall be regularly inspected and
maintained to ensure proper and effective functioning.
Automotive service is a commercial activity that is not an approved residential use
pursuant to the Tustin City Code. Services shall not be provided at residential properties.
Performance of work on motor vehicles on a public right-of-way or in visible yard
areas of residential properties, other than emergency repairs or minor maintenance
performed by the owner of the vehicle, shall constitute a public nuisance pursuant to
Tustin City Code Section 5502.
Automotive repair requiring disassembly and/or replacement of major parts shall
not be provided because the removal of essential equipment, parts, or contents from
automobiles visible to the public constitutes a public nuisance pursuant to Tustin City
Code Section 5502.
All mobile automotive work shall be done on an appointment basis only. Multiple
appointments and/or a continuing presence at any location would be considered a
permanent automotive business and would be prohibited or require approval of a
conditional use permit and compliance with development standards.
Written approval from the property owner and/or property manager shall be
obtained and maintained in company records prior to performing automotive services.
Written approval shall be provided to the Community Development Department within 24
hours of a written or verbal request.
If the proposed business results in a nuisance from noise, smoke, odor, dust, or
vibration in non-residential zones, business activities shall cease until approval of a
conditional use permit has been obtained pursuant to Tustin City Code Section
9270(5)(1).
CHAPTER 4
SECURITY BUSINESSES
CHAPTER INDEX
PART 1 BURGLARY AND ROBBERY ALARM SYSTEMS.
3411 GENERAL
3412 REGISTRATION REQUIRED
Ordinance No. 1252
Page 25
PART 2 PRIVATE PATROL OPERATORS.
3421
3422
3423
GENERAL
REGISTRATION REQUIRED
PATROL AND STANDING GUARD REGULATIONS
a Compliance with State Law
b Identification and Qualification Cards
c Verbal Identification
d Cooperation with Law Enforcement
PART 1 BURGLARY AND ROBBERY ALARM SYSTEMS
3411 GENERAL
It shall be unlawful for any person to operate as an alarm agent or as an alarm
company operator, as said terms are defined in Business and Professions Code Sections
7590.2 and 7590.1(o), respectively, without prior compliance with the Alarm Company Act
contained in Business and Professions Code Section 7590 et seq.
3412 REGISTRATION REQUIRED
Alarm agents and alarm company operators shall register their names and file a
copy of their state identification cards with the Chief of Police prior to conducting such
business. Only a business license application and fee shall be required for registration.
PART 2 PRIVATE PATROL OPERATORS
3421 GENERAL
It shall be unlawful for any person to operate as a private patrol operator providing
patrol and/or standing guard service without Director approval. Private patrol operators
are regulated pursuant to Business and Professions Code Section 7580 et seq. To
operate, business licenses must be continuously maintained and updated annually.
3422 REGISTRATION REQUIRED
All private patrol operators providing patrol and/or standing guard service shall
register their names and file with the Director a copy of their current state identification
card, evidencing a license pursuant to Business and Professions Code Sections 7580 et
seq. Only a business license application and fee shall be required for registration.
Ordinance No. 1252
Page 26
3423 PATROL AND STANDING GUARD REGULATIONS
a Compliance with State Law
All private patrol operators shall comply with applicable provisions of Business and
Professions Code Section 7500 et seq., applicable provisions of the Vehicle Code
regarding vehicles used in private patrol operations, and applicable provisions of the
Penal Code regarding the use and carrying of weapons.
b Identification and Qualification Cards
Each private patrol operator shall carry his/her Private Patrol Operator ID card
issued by the State Department of Consumer Affairs and any firearm or baton
qualification card on their person at all times while on duty as a Private Patrol Operator.
c Verbal Identification
Upon confrontation with any unknown individual, a private patrol operator shall
immediately identify himself or herself as a private guard or patrol operator. A private
patrol operator shall not identify or represent himself or herself to be a peace officer or
other public officer.
d Cooperation with Law Enforcement
An Operator shall cooperate fully with the Police Department to provide information
regarding the time and location of street patrols and other pertinent information upon
request
CHAPTER 5
SALE AND EXCHANGE OF PROPERTY
CHAPTER INDEX
PART 1 PAWNBROKERS
3511
3512
3513
3514
3515
PAWNBROKER PERMIT REQUIRED
PREREQUISITES FOR PAWNBROKER PERMIT
APPLICATION REQUIREMENTS
INVESTIGATION
PAWNBROKER REGULATIONS
a Employees
b Location
c Hours of Operation
d Display of Permit
Ordinance No. 1252
Page 27
PART 2
PART 3
PART 4
e
Criminal Activity
Advertisement
No Transfer or Assignment of Permit
Property Reporting, Holding, and Production Requirements
Charges and Loan Contract Requirements
No Transaction with a Minor
No Promise of Repurchase
SECONDHAND DEALERS
3521
3522
3523
3524
3525
SECONDHAND DEALER PERMIT REQUIRED
PREREQUISITES FOR SECONDHAND DEALER PERMIT
APPLICATION REQUIREMENTS
INVESTIGATION
SECONDHAND DEALER OPERATIONS
Employees
Location
Display of Permit
Criminal Activity
Advertisement
No Transfer or Assignment of Permit
Property Reporting, Holding, and Production Requirements
No Transactions with a Minor
No Promise of Repurchase
WEAPONS BUSINESSES
3531
3532
3533
3533
WEAPONS BUSINESS PERMIT REQUIRED
PREREQUISITES FOR WEAPONS BUSINESS PERMIT
INVESTIGATION
WEAPONS BUSINESS OPERATIONS
a Location
b Weapons Storage and Safes
c Home Occupations
d Display of Permit
AUTOBROKERS
3541
3542
3543
3544
AUTOBROKER PERMIT REQUIRED
PREREQUISITES FOR AUTOBROKER PERMIT
APPLICATION REQUIREMENTS
AUTOBROKER OPERATIONS
Location
Display of License
Advertisement
Consignment and Brokering Agreement Requirements
Posting Notices
Ordinance No. 1252
Page 28
f Property Reporting, Holding and Production Requirements
PART 5 GARAGE SALES
3551
3552
3553
3554
PROPERTY PERMITTED TO BE SOLD
FREQUENCY AND DURATION OF SALE
SIGNS
INSPECTION
PART 1 PAWNBROKERS
3511 PAWNBROKER PERMIT REQUIRED
No person shall engage in the business of pawnbroker without a valid pawnbroker
permit issued by the Director.
3512 PREREQUISITES FOR PAWNBROKER PERMIT
No person shall be eligible to receive a pawnbroker permit until such person has
obtained a valid conditional use permit for such use.
No person who has been convicted of an attempt to receive stolen property, or any
other offense involving stolen property, shall be eligible to receive a pawnbroker permit.
3513 APPLICATION REQUIREMENTS
In addition to all other information requested on the application form, the applicant
shall file the following with the Director:
(1)
A pawnbroker's two-year non-revocable surety bond in the amount of at
least twenty-thousand dollars ($20,000), or such amount as required by
Division 8 of the Financial Code regarding pawnbroker regulations or
successor provisions. The pawnbroker's bond shall be executed by a
surety admitted in the State of California and shall be in favor of the State of
California, for the benefit of persons who pledged property, when the
property is not available for proper redemption due to the pawnbroker's
criminal conduct.
(2)
A financial statement confirming that the applicant has at least one hundred
thousand dollars ($100,000)in the form of liquid assets readily available for
use in each licensed business for which an application is made. The one
hundred thousand dollars ($100,000) shall not include real property. The
financial statement shall be signed under penalty of perjury by the applicant
and a California certified public accountant, verifying that he or she has
reviewed the financial statement.
Ordinance No. 1252
Page 29
(3)
A list of the names, addresses, and fingerprints of the employees at the
location proposed to be licensed.
3514 INVESTIGATION
Upon receiving an application for a pawnbroker permit, the Director shall cause to
be investigated the applicant and his/her employees, the place where the pawnbroker
activity is to take place, the type of pawnbroker activities proposed, and if the place is
suitable for the type of pawnbroker activities proposed.
The Director shall approve or conditionally approve the permit for such pawnbroker
activities if the following determinations are made based on the required investigation:
(1)
The applicant and those persons associated with the applicant in the
conduct of the business are of good moral character;
(2) The pawnbroker activities proposed are not unlawful;
(3)
The place where the pawnbroker activities are to take place is suitable for
the type of pawnbroker activities proposed; and,
(4)
The granting of such permit will not be detrimental to the public safety,
morals, comfort, and welfare, nor detrimental to adjacent properties or uses.
3515 PAWNBROKER REGULATIONS
a Employees
No pawnbroker permittee shall employ any person in such business who would be
disqualified from obtaining a pawnbroker permit under this Part. A revised list shall be
submitted to the City Police Department, within 10 days of hiring any new employee(s),
along with the fingerprints of the new employee(s). Employees of a pawnbroker permittee
shall comply with all provisions of this section.
b Location
The business shall be carried on only at the location designated on the
pawnbroker permit. Property of the business may be stored at other locations only with
written consent of the Director and Police Chief. The Police Department and Community
Development Department each has the authority to verify the location of storage of
property.
c Hours of Operation
No pawnbroker business shall accept any item in pawn, nor make any loan on
items of personal property except between the hours of 7:00 a.m. and 9:00 p.m.
Ordinance No. 1252
Page 30
d Display of Permit
The City's pawnbroker permit, certified by the City, shall be displayed on the
premises in plain view at all times.
e Criminal Activity
A pawnbroker permittee shall not attempt to receive stolen property or commit any
other criminal offense involving stolen property.
f Advertisement
A pawnbroker permittee shall not advertise the pawnbroker business unless the
pawnbroker permit number is clearly displayed in the advertisement.
g No Transfer or Assignment of Permit
A permittee shall not transfer or assign a pawnbroker permit.
Property Reporting, Holding, and Production Requirements
A pawnbroker permit'tee shall comply with all property reporting, holding, and
production requirements as specified in Division 8 of the Financial Code regarding
pawnbroker regulations, and Chapter 9 of Division 8 of the Business and Professions
Code, or successor provisions regarding secondhand goods, as applicable.
Charges and Loan Contract Requirements
A pawnbroker permittee shall comply with all rates, charges, and loan contract
requirements as specified in Division 8 of the Financial Code, or successor provisions
regarding pawnbroker regulations.
j No Transaction with a Minor
A pawnbroker permittee shall not receive anything in pledge from a minor.
k No Promise of Repurchase
A pawnbroker permittee shall not promise any person who sells goods to permittee
that the seller may repurchase the goods sold.
Ordinance No. 1252
Page 31
PART 2 SECONDHAND DEALERS
3521 SECONDHAND DEALER PERMIT REQUIRED
No person shall engage in the business of secondhand dealer without a valid
secondhand dealer permit issued by the Director.
A secondhand dealer operating with a valid pawnbroker permit as provided in Part
1 of this Chapter is exempt from the licensing requirements of this Part only and may
engage in any transaction involving tangible personal property as defined herein, for
which a Secondhand Dealer License is required. A secondhand dealer operating under
this exemption is required to comply with all other requirements of this Part.
3522 PREREQUISITES FOR SECONDHAND DEALER PERMIT
No person who has been convicted of an attempt to receive stolen property, or any
other offense involving stolen property, shall be eligible to receive a secondhand dealer
permit.
3523 APPLICATION REQUIREMENTS
In addition to all other information requested on the application form, the applicant
shall file with the Director a list of the names, addresses, and fingerprints of the
employees at the location proposed to be licensed.
3524 INVESTIGATION
Upon receiving an application for a secondhand dealer permit, the Director shall
cause to be investigated the applicant and his/her employees, the place where the
secondhand sales are to take place, the type of secondhand sales proposed, and if the
place is suitable for the type of secondhand sales proposed.
The Director shall approve or conditionally approve the permit for such
secondhand sales if the following determinations are made based on the required
investigation:
(1)
The applicant and those persons associated with the applicant in the
conduct of the business are of good moral character;
(2) The secondhand sales proposed are not unlawful;
(3)
The place where the secondhand sales are to take place is suitable for the
type of secondhand sales proposed; and,
(4)
The granting of such permit will not be detrimental to the public safety,
morals, comfort, and welfare, nor detrimental to adjacent properties or uses.
Ordinance No. 1252
Page 32
3525 SECONDHAND DEALER OPERATIONS
a Employees
No secondhand dealer permittee shall employ any person in such business who
would be disqualified from obtaining a secondhand dealer permit under this Part. A
revised list of employees shall be submitted to the Police Department, within 10 days of
hiring any new employee(s), along with the fingerprints of the new employee(s).
Employees of a secondhand dealer permittee shall comply with all provisions of this
section.
b Location
The business shall be carried on only at the location designated on the
secondhand dealer permit. Property of the business may be stored at other locations
only with written consent of the Director and Chief of Police.
c Display of Permit
The City's secondhand dealer permit, approved by the City, shall be displayed on
the premises in plain view at all times.
d Criminal Activity
A secondhand dealer permittee shall not attempt to receive stolen property or
commit any other criminal offense involving stolen property.
e Advertisement
A secondhand dealer permittee shall not advertise the secondhand
business unless the secondhand dealer permit number is cleady displayed
advertisement.
dealer
in the
f No Transfer or Assignment of Permit
A secondhand dealer permittee shall not transfer or assign a secondhand dealer
permit.
g Property Reporting, Holding, and Production Requirements
A secondhand dealer permittee shall comply with all property reporting, holding,
and production requirements as specified in Chapter 9 of Division 8 of the Business and
Professions Code, or successor provisions regarding secondhand goods, as applicable.
Ordinance No. 1252
Page 33
h No Transactions with a Minor
A secondhand dealer permittee shall not engage in any reportable transaction with
a minor.
i No Promise of Repurchase
A secondhand dealer permittee shall not promise any person who sells goods to
licensee that the seller may repurchase the goods sold.
PART 3 WEAPONS BUSINESSES
3531 WEAPONS BUSINESS PERMIT REQUIRED
No person shall engage in the business of repairing, modifying, customizing,
restoring, cleaning, purchasing, selling, leasing or transferring weapons, whether new or
used, without first having obtained a weapons business permit therefor from the Director.
3532 PREREQUISITES FOR WEAPONS BUSINESS PERMIT
A person shall be disqualified from receiving a permit pursuant to this Part if he or
she has been convicted of a felony.
The applicant shall file the following with the Director:
(1)
A valid Federal Firearms License (FFL)issued by the Bureau of Alcohol,
Tobacco, and Firearms.
(2) A valid Sellers Permit issued by the State Board of Equalization.
(3) A valid Certificate of Eligibility (COE) issued by the Department of Justice.
(4)
A statement indicating all criminal convictions, including pleas of nolo
contendere, within the last five (5 years), including those dismissed or
expunged pursuant to Penal Code Section 1203.4 but excluding minor
traffic violations, and the date and place of each such conviction and reason
therefor.
3533 INVESTIGATION
Upon receiving an application for a weapons business permit, the Director may
cause an investigation of the applicant to be conducted by the Chief of Police.
Ordinance No. 1252
Page 34
3534 WEAPONS BUSINESS OPERATIONS
a Location
The business shall be carried on only at the location designated on the weapons
business permit. Property of the business may be stored at other locations only with
written consent of the Director and Chief of Police.
b Weapons Storage and Safes
Weapons shall be stored in accordance with all Federal and State requirements.
c Home Occupations
Weapons businesses shall not be conducted as, or as part of, a home occupation.
d Display of Permit
The City's weapons business permit or a copy thereofl approved by the City., shall
be displayed on the premises in plain view at all times.
PART 4 AUTOBROKERS
3541 AUTOBROKER PERMIT REQUIRED
No person shall engage in the business of autobroker without having a valid
Autobroker Permit issued pursuant to this Article.
3542 PREREQUISITES FOR AUTOBROKER PERMIT
No person shall be granted an Autobroker Permit without having first obtained a
valid autobroker endorsement to a dealer license as provided in Article 1 of Chapter 4 of
the California Vehicle Code, Sections 11700 et seq.
3543 APPLICATION REQUIREMENTS
In addition to all other information requested on the application form, the applicant
shall file with the Director a copy of applicant's valid bond or proof of cash deposit on file
with the Department of Motor Vehicles and a copy of the State permit.
3544 AUTOBROKER OPERATIONS
An autobroker permittee shall comply with each of the following:
Ordinance No. 1252
Page 35
a Location
The business shall be carried on only at the location designated on the Autobroker
Permit. No vehicle to be brokered shall remain on the premises. Property of the
business may be stored at other approved locations only with written consent of the
Director. The Police Department and Community Development Department have the
authority to verify the storage of property in compliance with the Autobroker Permit.
b Display of License
The City's Autobroker Permit, approved by the City, shall be displayed on the
premises in plain view at all times.
c Advertisement
The Autobroker Permit number shall be clearly displayed in any advertisement.
d Consignment and Brokering Agreement Requirements
An Autobroker permittee shall comply with all consignment and brokering
agreement requirements as specified in Article 1 of Chapter 4 of the California Vehicle
Code.
e Posting Notices
An Autobroker permittee shall post a Notice of Right to Inspect Vehicle and notice
regarding a cooling-off period in the manner required by Article 1 of Chapter 4 of the
California Vehicle Code.
f Property Reporting, Holding, and Production Requirements
An Autobroker permittee shall comply with property reporting, holding, and
production requirements as specified in Article 1 of Chapter 4 of the California Vehicle
Code regarding autobroker regulations, or successor provisions.
PART 5 GARAGE SALES
3551 PROPERTY PERMITTED TO BE SOLD
It shall be unlawful for any person to sell or offer for sale any property other than
personal property accumulated for personal use by the person or persons conducting the
garage sale. The sale of craft items manufactured by the property resident, items
purchased for resale, and retail sales of new merchandise are prohibited. Garage sales
activities may not be conducted on public sidewalks, parkways, streets, alleys, or other
public property.
Ordinance No. 1252
Page 36
3552 FREQUENCY AND DURATION OF SALE
Garage sales may be conducted a total of four (4) times in any calendar year at
the same address. A single garage sale may extend a maximum of three (3) consecutive
days. No City permits or fees are required for garage sales.
3553 SIGNS
Signs advertising a proposed garage sale shall not require a City permit but shall
comply with Section 9403dll of the Tustin City Sign Code. Such signs shall not
advertise any item, product, or service and shall not be erected more than one (1) day in
advance of a proposed sale. Garage sale signs shall be promptly removed by sunset on
the last day of the sale. Signs installed in violation of this section or not timely removed
as required by this section shall be subject to abatement in accordance with Sections
94Q5g or 9405h of the Tustin City Code.
3554 INSPECTION
All personal property offered for sale shall be available for inspection by any
representative of the City of Tustin at the place where the sale is to be conducted.
Ordinance No. 1252
Page 37
PART 1
PART 2
PART 3
PART 4
PART 5
CHAPTER 6
PERSONAL SERVICES
CHAPTER INDEX
CHECK CASHING
3611
3612
3613
CHECK CASHER PERMIT REQUIRED
PREREQUISITE FOR CHECK CASHING PERMIT
REGULATIONS FOR CHECK CASHERS
MASSAGE ESTABLISHMENTS AND MASSAGE TECHNICIANS
3621
3622
3623
3624
3625
3626
3627
3628
PERMITS REQUIRED/ANNUAL RENEWAL REQUIRED
PREREQUISITES FOR MASSAGE OPERATOR PERMIT
APPLICATION REQUIREMENTS FOR MASSAGE OPERATOR'S
PERMIT
OPERATOR, MANAGER, AND MASSAGE TECHNICIAN
REGULATIONS
APPLICATION REQUIREMENTS FOR MASSAGE TECHNICIAN
PERMIT
MASSAGE ESTABLISHMENT REGULATIONS
CHANGE OF OWNERSHIP
EXEMPTION
FORTUNETELLING FOR PAY
3631
3632
3633
3634
3635
FORTUNE TELLING PERMIT REQUIRED
PREREQUISITES FOR FORTUNE TELLING PERMIT
EXCEPTIONS
APPLICATION REQUIREMENTS
OPERATIONAL REGULATIONS
ADULT ENTERTAINMENT BOOKING AGENCY
3641
3642
3643
ADULT ENTERTAINMENT BOOKING AGENCY
REQUIRED
PREREQUISITES FOR ADULT ENTERTAINMENT
AENCY PERMIT
APPLICATION REQUIREMENTS
PERMIT
BOOKING
TATTOOING, BODY PIERCING, AND PERMANENT COSMETICS
3651
3652
3653
PERMIT REQUIRED
PREREQUISITE FOR PERMIT
OPERATIONAL REGULATIONS
Ordinance No. 1252
Page 38
PART 1 CHECK CASHING
3611 CHECK CASHER PERMIT REQUIRED
No person shall conduct the business of check casher without a valid Check
Casher Permit issued by the Director.
3612 PREREQUISITE FOR CHECK CASHER PERMIT
No person shall engage in the business of check casher without a valid state
check casher permit issued by the California Department of Justice.
3613 REGULATIONS FOR CHECK CASHERS
a Compliance with State Law
Check cashers shall comply with all applicable provisions of California Civil Code
Section 1789.30 ¢,_t_.s¢~.
Check cashers shall post a complete, detailed, and unambiguous list of all fees for
check cashing services in plain view in clear, legible letters of not less than one-half inch
in height.
A check casher shall post in plain view a list of valid identification which the
business will accept for cashing checks in clear legible letters of not less than one-half
inch in height.
A check casher permittee shall not transfer or assign a check casher permit.
PART 2 MASSAGE ESTABLISHMENTS AND MASSAGE TECHNICIANS
3621 PERMITS REQUIRED/ANNUAL RENEWAL REQUIRED
No person shall engage in business as a massage technician or as the operator of
a massage establishment without having a valid massage technician permit or massage
operator permit issued pursuant to this Article. Massage Operator permits and Massage
Technician permits shall be valid for a maximum of one (1) year. Each Massage
Technician and Massage Operator shall renew the permit annually.
3622 PREREQUISITES FOR MASSAGE OPERATOR PERMIT
No person shall be eligible to receive a massage operator permit until such person
has obtained a valid conditional use permit for a massage establishment pursuant to
Tustin City Code Section 9232, 9233, 9234, or 9235.
Ordinance No. 1252
Page 39
3623 APPLICATION REQUIREMENTS FOR MASSAGE OPERATOR PERMIT
In addition to all other information requested on the application form, the
application shall contain or be accompanied by the following:
(1)
Information regarding the type of ownership of the business, i.e., whether by
individual, partnership, corporation, or otherwise. If the applicant is a
corporation, the name of the corporation shall be set forth exactly as shown
in its articles of incorporation or charter together with the state and date of
incorporation and the names and residence addresses of each of its current
officers and directors, and of each stockholder holding more than five
percent (5%) of the stock of that corporation. If the applicant is a
partnership, the application shall set forth the name and residence of each
of the partners, including limited partners. If it is a limited partnership, it
shall furnish a copy of its certificate of limited partnership filed with the
Secretary of State. If one or more of the partners is a corporation, the
provision of this subsection pertaining to corporations shall apply. The
applicant corporation or partnership shall designate one of its officers or
general partners to act as its responsible managing officer. Such
designated persons shall complete and sign all application forms required
for an individual applicant under this Chapter.
(2)
The precise name under which the massage establishment is to be
conducted.
(3)
The complete address and telephone numbers of the massage
establishment.
(4)
A complete current list of the names and residence addresses of all
proposed massage technicians and other employees in the massage
establishment and the name and residence address(es) of the manager(s).
A manager is the person(s) designated by the operator of the massage
establishment to act as the representative and agent of the operator in
managing day-to-day operations with the same liabilities and responsibilities
or who acts with evidence of management. Evidence of management
includes, but is not limited to, evidence that the individual has the power to
direct or hire and dismiss employees, control hours of operation, create
policy or rules, or purchase supplies. A manager may also be an owner. A
manager must meet the standards and qualifications for a massage
technician permit to qualify as a manager and obtain a massage technician
permit.
(5)
A description of any other business operated on the same premises, or
within the City of Tustin, or within the State of California, which is owned or
operated by the applicant.
Ordinance No. 1252
Page 40
(6) The following personal information concerning the applicant:
(a) Full complete name and all aliases used by the applicant;
(b) Current address and all previous residential addresses for eight (8)
years immediately preceding the present applicant's address;
(c) Proof that the applicant is at least eighteen (18) years of age;
(d) Height, weight, color of hair, eyes, and sex;
(e) Two (2) front faced portrait photographs at least two inches by two
inches (2"x2")in size;
(f) The applicant's complete business, occupation, and employment history
for eight (8) years preceding the date of application:
(g) The complete massage permit history of the applicant; whether such
person has ever had any permit or license issued by any agency, board,
city, county, territory, or state; the date of issuance of such a permit or
license, whether the permit or license was denied, revoked, or
suspended; or if a vocational professional license or permit was denied,
revoked, or suspended; and the reason therefor;
(h) All criminal convictions, including pleas of nolo contendere, within the
last five (5 years), including those dismissed or expunged pursuant to
Penal Code Section 1203.4, but excluding minor traffic violations, and
the date and place of each such conviction and reason therefor; and,
(i) A complete set of fingerprints taken by the Police Department.
(7)
The name and address of the owner and lessor of the real property upon or
in which the business is to be conducted. If the applicant is not the legal
owner of the property, the application must be accompanied by a copy of
the lease and a notarized acknowledgment from the owner of the property
that a massage establishment will be located on his/her property.
(8)
Authorization for the City, its agents and employees to seek verification of
the information contained in the application.
3624 OPERATOR, MANAGER, AND MASSAGE TECHNICIAN REGULATIONS
Except as required by a State licensed medical practitioner, no massage
technician, massage technician aide, or employee shall massage the genital, buttock, or
anal area of any patron or the breasts of any female patron, nor shall any operator or
manager of a massage establishment allow or permit such massage. No massage
Ordinance No. 1252
Page 41
operator or designated manager, while performing any task or service associated with the
massage business, shall be present in any room with another person unless the person's
genitals, buttocks, anus, or, in the case of female, her breasts, are fully covered.
No person, operator or massage technician granted a permit pursuant to this
Article 3 shall use any name or conduct business under any designation not specified in
his/her permit.
All massage establishments shall have a manager on the premises at all times the
massage establishment is open. The operator and/or manager shall post, on a daily
basis, the name of each on-duty manager and each on-duty technician in a conspicuous
public place in the lobby of the massage establishment. The operator, or the manager in
the operator's absence, shall be responsible for ensuring compliance with this Chapter.
All operators and/or on-duty managers must be able to communicate effectively with City
officials.
No licensed establishment shall be open for the business of massage without
having at least one (1) massage technician holding a current valid permit of the specific
establishment on the premises, and on duty, at all times when said establishment is open.
The operator and/or manager(s) shall ensure the massage technician permit for
each on-duty massage technician is displayed in a conspicuous public place in the lobby
and that each massage technician is wearing or has his/her massage technician permit
on his/her person at all times when in the massage establishment. Such identification
shall be provided to City officials upon demand.
An operator and/or on-duty manager shall be responsible for the conduct of all
employees while the employees are on the licensed premises. Any act or omission of
any employee constituting a violation of the provisions of this ordinance shall be deemed
the act or omission of the operator for purposes of determining whether the operator's
license shall be revoked, suspended, denied, or renewed.
No operator or manager shall employ any person as a massage technician who
does not have a valid massage technician permit issued pursuant to this Article 3. Every
operator or manager shall report to the Director any change of employees, whether by
new or renewed employment, discharge, or termination, on the form and in the manner
required by the Director. The report shall contain the name of the employee and the date
of hire or termination. The report shall be made within five (5) days of the hire or
termination. The operator or designee shall deliver the permit and photo identification
card of any massage technician no longer employed by the operator to the Director within
five (5) days of termination of employment.
All persons employed in the massage establishment shall be fully clothed.
Clothing shall be of a fully opaque material and shall provide complete covering from mid-
thigh to three (3)inches below the collarbone.
Ordinance No. 1252
Page 42
The operator and/or on duty manager shall maintain a register of all employees,
showing the name, nicknames, and aliases used by the employee, home address, age,
birth date, sex, height, weight, color of hair and eyes, phone numbers, social security
number, date of employment and termination, if any, and duties of each employee. The
above information on each employee shall be maintained in the register on the premises
for a period of two (2) years following termination. The operator and/or manager on duty
shall make the register of employees available immediately for inspection by police upon
demand of a representative of the police department at all reasonable times.
A permittee shall comply with all provisions of this Chapter and any applicable
provision of the Tustin Municipal Code.
The massage technician shall have his/her massage technician permit on his/her
person at all times when present in the massage establishment. Such identification shall
be provided to City officials upon demand. Massage technicians shall not perform any
massage at any location other than the location specified on the permit. While on duty,
the massage technician shall not use any name other than that specified on the permit.
3625 APPLICATION REQUIREMENTS FOR MASSAGE TECHNICIAN PERMIT
In addition to the information requested on the application form, the application
shall contain or be accompanied by the following information:
(1) A statement of the exact location at which the applicant will be working as a
massage technician, including the full street address and all telephone
numbers associated with said location, and the name and address of the
massage establishment.
(2) The following personal information concerning the applicant:
(a) Full complete name and all aliases used by the applicant, along with
complete residence address and telephone;
(b) Residential addresses for eight (8) years immediately preceding the
present address of the applicant;
(c) Acceptable written proof that the applicant is at least eighteen (18) years
of age;
(d) Height, weight, color of hair and eyes, and sex;
(e) Two (2) front faced portrait photographs at least two inches by two
inches (2"x 2") in size;
(f)
The business, occupation, and employment history of the applicant for
eight (8) years immediately preceding the date of the application; and,
Ordinance No. 1252
Page 43
(g)
The complete permit history of the applicant and whether such person
has ever had any license or permit issued by any agency, board, city, or
other jurisdiction denied, revoked, or suspended and the reasons
therefor.
(3) Criminal convictions, including pleas of nolo contendere, within the last ten (10)
years, including those dismissed or expunged pursuant to Penal Code Section
1203.4, but excluding minor traffic violations, and the date and place of each
such conviction and reason therefor.
(4) A complete set of fingerprints taken by the Police Department.
(5) Such other information and identification as the Chief of Police may require to
discover the truth of the matters herein specified and as required to be set
forth in the application.
(6) Authorization for the City, its agents and employees to seek verification of the
information contained in the application.
(7) A statement in writing, and dated, by the applicant that he or she certifies
under penalty of perjury that all information contained in the application is true
and correct.
(8) If during the term of a permit, a permit holder has any change in information
submitted on the original or renewal application, the permit holder shall notify
the Director in writing of such change within ten (10) business days thereafter.
Each applicant must furnish an original or certified copy of a diploma or certificate
and certified transcript of graduation evidencing completion of 1,000 hours in a
progressive course of instruction from a recognized School of Massage, wherein the
method, practice, profession, theory, ethics, anatomical, and physiological knowledge and
practice of massage technician is taught by State-certified instructors. A recognized
School of Massage means any school or institution of learning which teaches, through
State-certified instructors, the theory, ethics, practice, profession, or work of massage,
which school or institution complies with the California Education Code section 94310 or
94311, and which requires a resident course of study before the student shall be
furnished with a diploma or certificate of graduation. Schools offering a correspondence
course .not requiring actual physical attendance shall not be deemed a recognized school.
Duplicate courses shall not be accepted. The applicant must also supply a course
description, an outline of material covered, and a letter to the City from the school
administrator verifying completion.
The Director may consider an applicant's study of massage completed outside the
State of California if proof of completion from a formalized and progressive course of
study in massage practice, anatomy, and/or physiology is provided with the application.
Ordinance No. 1252
Page 44
Proof of completion shall include dates of study and the name, address, and phone
number of the school attended.
Any outside course of study submitted for approval shall meet the State of
California's Office of Post Secondary Education's minimum requirements and be for
completion of 1,000 hours of on-premises training.
3626 MASSAGE ESTABLISHMENT REGULATIONS
No massage operator permit shall be issued unless an inspection by the City of
Tustin reveals that the massage establishment complies with each of the following
regulations:
(1)
A recognizable and readable sign shall be posted at the main entrance,
identifying the establishment as a massage establishment, provided that all
such signs shall comply with the Tustin Sign Code.
(2)
Minimum lighting shall be provided in accordance with the Uniform Building
Code. In addition, a light level of no less than five (5) foot candles shall be
maintained in public rooms, walkways, and at any point within each room or
enclosure where massage services are performed, at all times such
services are being provided.
(3)
Minimum ventilation shall be provided in accordance with the Uniform
Building Code.
(4)
Adequate equipment for disinfecting and sterilizing instruments used in
performing the acts of massage shall be provided which are approved by
the department or agency designated by the City Manager to make
inspections for compliance with health standards.
(5)
Pads used on massage tables shall be covered in a workmanlike manner
with durable, washable plastic or other waterproof material acceptable to
the department or agency designated by the City Manager to make
inspections for compliance with health standards.
(6)
In any massage establishment in which massage services are rendered
only to members of the same sex at any one time, such persons of the
same sex may be placed in a single separate room or the massage
operator may elect to place such persons of the same sex in separate
enclosed rooms or booths having adequate ventilation to an area outside
said room or booth while massage services are being performed.
(7)
Adequate bathing, dressing, locker, and toilet facilities shall be provided for
patrons, except that dressing and locker facilities shall not be required if all
patrons remain fully clothed while in the massage establishment, and
Ordinance No. 1252
Page 45
bathing facilities shall be required only when the massage establishment
provides steam rooms or sauna baths. If applicable, 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 wash basin shall be provided by the
massage establishment, provided, however, that if male and female patrons
are to be served simultaneously at the establishment, separate bathing,
separate dressing, and separate toilet facilities shall be provided for male
and female patrons. Where steam rooms or sauna baths are provided, if
male and female patrons are to be served simultaneously, separate steam
rooms or sauna rooms shall be provided for male and female patrons. Hot
and cold running water under pressure shall be provided to all wash basins,
bathtubs, showers, and similar equipment. Each wash basin shall be
provided with soap or detergent and sanitary towels placed in permanently
installed dispensers. A trash receptacle shall be provided in each toilet
room.
(8)
All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all
other physical facilities for the establishment must be in good repair and
maintained in a clean and sanitary condition. 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.
(9)
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. Towels, sheets, and linens shall
be provided in sufficient quantity and shall not be used by more than one
(1) person unless they have been first relaundered. Separate closed
cabinets or containers shall be provided for the storage of clean and soiled
linen and shall be plainly marked: "Clean Linen," "Soiled Linen."
(10)
A minimum of one separate wash basin 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 wash basin sanitary towels placed in permanently installed
dispensers.
3627 CHANGE OF OWNERSHIP
A massage establishment operator shall report to the Director within ten (10) days
any and all changes of ownership or management of the massage establishment,
including, but not limited to, changes of manager or other person principally in charge,
stockholders holding more than five (5) percent of the stock of the corporation, officers,
Ordinance No. 1252
Page 46
directors, and partners in any and all changes of name, style, or designation under which
the business is to be conducted, and all changes of address or telephone numbers of the
massage business. A change of location of any premises may be approved by the
Director, provided there is compliance with all applicable regulations of the City and a
conditional use permit has been approved for the new location.
No massage establishment permit may be sold, transferred, or assigned by a
permittee, or by operation of law, to any other person or persons. Any such sale, transfer,
or assignment, or attempted sale, transfer, or assignment shall be deemed to constitute a
voluntary surrender of such permit and such permit shall thereafter be null and void;
provided and excepting, however, that if the permittee is a partnership and one or more of
the partners should die, one or more of the surviving partners may acquire, by purchase
or otherwise, the interest of the deceased partner or partners without effecting a
surrender or termination of such permit, and in such case, the permit, upon notification to
the Director, shall be placed in the name of the surviving partners. A massage
establishment permit issued to a corporation shall be deemed terminated and void when
either any outstanding stock of the corporation is sold, transferred, or assigned after the
issuance of a permit, or any stock authorized but not issued at the time of the granting of
a permit is thereafter issued or sold, transferred, or assigned. No massage technician
permit may be sold, transferred, or assigned by a permittee, or any operation of law, to
any other person or persons.
3628 EXEMPTION
The requirements of this Chapter shall have no effect upon and shall not be
construed as applying to any persons designated as follows:
(1)
State-licensed physicians, surgeons, chiropractors, physical therapists, and
osteopaths;
(2)
Registered or Licensed vocational nurses or massage technicians working
on the premises of a State-licensed physician, surgeon, chiropractor,
physical therapist, or osteopath, whether employed by such person or not,
while the State-licensed physician, surgeon, chiropractor, physical therapist,
or osteopath is present at the location where the massage takes place;
(3)
Barbers, beauticians, and cosmetologists who are duly licensed under the
laws of the State of California; provided massage is limited to the head,
neck, feet, hands, lower legs (to the knee), and forearms (to the elbow);
and,
(4) Trainers of any semi-professional or professional athlete or athletic team.
Ordinance No. 1252
Page 47
PART 3 FORTUNETELLING FOR PAY
3631 FORTUNETELLING PERMIT REQUIRED
No person shall engage in the business of fortunetelling for pay without a valid
fortunetelling permit issued by the Director.
3632 PREREQUISITES FOR FORTUNETELLING PERMIT
No person shall be eligible to receive a fortunetelling permit until such person has
obtained a valid conditional use permit for a fortunetelling establishment.
3633 EXCEPTIONS
The provisions of this Part shall not apply to any person solely by reason of the
fact that he or she is engaged in the business of entertaining the public by
demonstrations of mindreading, mental telepathy, thought conveyance, or the giving of
horoscopic readings at public places and in the presence of and within the hearing of
other persons at which no questions are answered as part of such entertainment, except
to permit all persons present at such place to hear such answers.
The provisions of this Part shall not apply to a person who is conducting or
participating in any religious ceremony or service when such person holds a certificate of
ordination as a minister, missionary, medium healer, or clairvoyant, hereinafter collectively
referred to as minister, from any bona fide church or religious association maintaining a
church and holding regular services and having a creed or set of religious principals that
is recognized by all churches of like faith. A copy of the certificate of ordination shall be
filed with the Director prior to the person practicing fortunetelling.
3634 APPLICATION REQUIREMENTS
In addition to the information required by the City's application form, the applicant
shall provide:
(1)
A list of conviction(s) for violations of law, excluding traffic violations, for the
five (5) years immediately preceding the date of the application;
(2) The applicant's fingerprints on a form provided by Tustin Police
Department;
(3)
Written statements of at least five (5) persons that the applicant is of good
moral character; and,
(4)
All names used by the applicant during the previous five (5) years in
conjunction with a fortunetelling for pay business.
Ordinance No. 1252
Page 48
3635 OPERATIONAL REGULATIONS
Each permittee shall post in plain sight on his/her business premises a sign
containing the following information:
(1) The true name of the fortunetelling practitioner;
(2) Each service provided by the fortunetelling practitioner;
(3) The fees charged for each service provided by the fortunetelling
practitioner;
(4)
The statement "By City law, this business is prohibited from charging or
soliciting any fee, payment, or remuneration beyond these established
rates"; and,
(5)
The statement "Any client wishing to do so may make an audio tape or take
written notes during any fortunetelling session or consultation."
The sign required by this subsection shall be prominently posted in the interior of
the business premises at a point near the entry and shall be conspicuously visible to
every person seeking the services of the fortuneteller. The sign lettering shall be of
uniform size with each letter at least one-half inch (1/2") in height.
If the fortunetelling service is provided at a location other than the fortuneteller's
permanent place of business, the fortuneteller shall provide the information required by
this subsection on eight and one-half by eleven inch (8-1/2" x 11") paper in legible print or
type. The paper shall also include the name and permanent address of the person(s)
providing the fortunetelling services. No other information or printed matter shall appear
on the paper. A true, correct, and complete copy of such paper shall be given to each
client prior to providing any fortunetelling services.
No person shall charge or collect any fee, payment, remuneration, or item of value
for fortunetelling services in excess of the fees set forth on the sign or paper required by
this Section.
No person transacting or engaging in any fortunetelling for pay services shall
prohibit a client from making an audio recording or taking written notes of the information
provided by the fortuneteller.
Ordinance No. 1252
Page 49
PART4 ADULT ENTERTAINMENT BOOKING AGENCY
3641 ADULT ENTERTAINMENT BOOKING AGENCY PERMIT REQUIRED
No person shall establish or continue to operate an existing adult entertainment
booking agency without a valid adult entertainment booking agency permit issued
pursuant to this Article.
3642 PREREQUISITES FOR ADULT ENTERTAINMENT BOOKING AGENCY PERMIT
No person shall be eligible to receive an adult entertainment booking agency
permit until such person has obtained a valid conditional use permit for an adult
entertainment booking agency.
3643 APPLICATION REQUIREMENTS
In addition to providing the information required by the City's application form, the
applicant shall provide:
(1)
A detailed description of the operations of the adult entertainment booking
agency, including the number of persons engaged or that are estimated to
be engaged in providing the entertainment services, whether they are
independent contractors or employees, and a description of the types of
locations being served in Tustin.
(2) Proposed hours of operation.
(3)
The permit history of the applicant in other jurisdictions, including: the dates
and types of licenses or permits issued; whether the applicant has had a
license or permit under similar ordinances from another city or county
denied, suspended, or revoked, including the name and location of the adult
entertainment booking agency for which the permit was denied, suspended,
or revoked, as well as the date of the denial, suspension, or revocation, and
whether the applicant has been a partner in a partnership or an officer,
director, or principal stockholder of a corporation that has been licensed or
permitted in another jurisdiction and the license or permit has previously
been denied, suspended, or revoked, including the name and location of
the business for which the permit was denied, suspended, or revoked, as
well as the date of denial, suspension, or revocation.
(4)
Whether the applicant or any of his/her managers, supervisors, or
employees have been convicted, within the five (5) years immediately
preceding the application, of any offense classified by the State of California
as an offense involving sexual crimes against children, sexual abuse, rape,
kidnapping, distribution of obscene material or material harmful to minors,
prostitution or pandering, including, but not necessarily limited to, the
Ordinance No. 1252
Page 50
violation of any crime requiring registration under California Penal Code
section 290, or any violation of Penal Code sections 243.4, 261, 261.5,
264.1,266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311
through 311.10, inclusive, 314, 315, 316, or 647, or any offense outside the
State of California that would constitute any of the above-described
offenses if committed within the State of California.
(5)
Whether the applicant or any of his/her agents, managers, supervisors,
employees, or independent contractors have been convicted within the five
(5) years immediately preceding the application of any offense involving the
sale of a controlled substance specified in Health and Safety Code sections
11054, 11055, 11056, 11057 or 11058, or the possession for sale and/or
possession of a controlled substance, as specified above.
PART 5 TATTOOING, BODY PIERCING, AND PERMANENT COSMETICS
3651 PERMIT REQUIRED
No person shall engage in the business of tattooing, body piercing, or applying
permanent cosmetics without obtaining a tattoo/body piercing/permanent cosmetics
permit issued by the Director.
This Part does not restrict the activities of any physician or surgeon licensed under
Chapter 5 (commencing with Section 2000) of Division 2 of the Health and Safety Code.
3652 PREREQUISITE TO OBTAINING PERMIT
A person who wishes to obtain a permit to engage in the business of tattooing,
body piercing, or applying permanent cosmetics shall provide proof of registration with the
County Health Department, payment of an annual County inspection fee, and
address(es) where the business is to be conducted pursuant to Health and Safety Code
Section 119303.
3653 OPERATIONAL REGULATIONS
A permittee shall not:
(1)
Do business at any location not specified in the County's registration form
or City permit; or
(2)
Violate the sterilization, sanitation, and safety standards adopted by the
State Department of Health Services.
Ordinance No. 1252
Page 51
CHAPTER 7
PERMIT PROCEDURES
CHAPTER INDEX
PART 1 ISSUANCE OF PERMITS/TERM/ANNUAL UPDATE/RENEWAL
3711 GENERAL
3712 DENIAL
3713 TERM
3714 ANNUAL UPDATE
3715 RENEWAL
PART 2 REVOCATION OF PERMITS
3721 GENERAL
3722 HEARING
PART 3 APPEAL
3731 GENERAL
PART 4 REAPPLICATION
3741 REAPPLICATION
PART 1 ISSUANCE OF PERMITS/TERM/ANNUAL UPDATE/RENEWAL
3711 GENERAL
Applicants for City permits required by this Article shall obtain an application form
from the Director and shall pay any applicable application fee. The fee shall be as
provided by resolution of the City Council to cover the cost of processing and
investigation. Upon determining that the application is complete, the Director shall make
such investigation and review to determine the fitness and qualifications of the applicant
and the effect, if any, of the application on the public peace, safety, welfare, and safety of
the City. The Director may issue a permit with conditions necessary to protect the health,
safety, or welfare of the City or deny a permit. Alternatively, the Director may report the
results of the investigation to the Planning Commission and request the Planning
Commission to hold a hearing and make the permit decision. All permit issuance
decisions shall be in writing with reasons given for a denial. An appeal may be filed on
the Director's or the Planning Commission's decision in accordance with Part 3 of this
Chapter.
Ordinance No. 1252
Page 52
3712 DENIAL
An application for a permit, including renewal of a permit, may be denied for any of
the following reasons:
The applicant has made material misrepresentations of fact or omitted
material information required by the application;
(2)
The applicant does not meet the prerequisites for a permit as specified in
this Article. The Director or the Planning Commission has the discretion to
evaluate information presented to satisfy prerequisites and to determine its
credibility or reliability;
(3)
In the case of a renewal, the permit may be also denied if the permittee has
failed to abide by the operational regulations specified in this code or the
conditions of the permit. The proposed denial of the renewal of a permit for
these reasons shall be heard and decided by the Director or the Planning
Commission.
(4)
In the case of an adult entertainment booking agency, massage operator,
massage technician, or mobile ice cream vendor, if the applicant or any of
his/her managers, supervisors, or employees have been convicted within
the last five (5) years of any offense classified by the State of California as
an offense involving sexual crimes against children, sexual abuse, rape,
kidnapping, distribution of obscene material or material harmful to minors,
prostitution or pandering, including, but not necessarily limited to, the
violation of any crime requiring registration under California Penal Code
section 290, or any violation of Penal Code sections 243.4, 261, 261.5,
264.1,266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311
through 311.10, inclusive, 314, 315, 316, or 647, or any offense outside the
State of California that would constitute any of the above-described
offenses if committed within the State of California, or if the applicant or any
of his/her agents, managers, supervisors, employees, or independent
contractors have been convicted within the five (5) years immediately
preceding the application of any offense involving the sale of a controlled
substance specified in Health and Safety Code sections 11054, 11055,
11056, 11057 or 11058, or the possession for sale and/or possession of a
controlled substance, as specified above.
Denial of permits, including renewals of permits, may be appealed in accordance
with Part 3 of this Chapter.
Ordinance No. 1252
Page 53
3713 TERM
Unless a different term is specified in this Article, permits shall be valid from the
date of issuance until revoked or abandoned. Massage Operator permits and Massage
Technician permits shall be valid for a maximum of one (1) year.
3714 ANNUAL UPDATE
Information required on the application for the original permit shall be updated and
corrected by the applicant as appropriate on an annual basis, or as required by
condition(s) of the permit.
3715 RENEWAL
An application for the renewal of a permit shall be filed with the Director by the
applicant at least thirty (30) days prior to the permit expiration date. Information required
on the application for the original permit shall be updated and corrected as appropriate in
the renewal application. Renewal decisions of the Director or the Planning Commission
may be appealed in accordance with this Article.
PART 2 REVOCATION OF PERMITS
3721 GENERAL
The Director or Planning Commission may revoke a permit issued under the
provisions of this Article for any of the following reasons:
(1)
Where the Director or the Planning Commission has found and determined
that the preservation of the public health, safety, and welfare demand
revocation or suspension of the permit;
(2)
Where the permittee has violated any provisions of the Tustin City Code, or
Statutes of the State of California, or of the United States of America;
(3) Where a permit has been issued on false statements in an application;
(4)
Where the permittee has violated any of the terms and conditions of the
permit;
(5)
Where the use or activity for which the permit was granted has ceased or
has been suspended for one (1) year or more;
(6)
Where the permittee no longer meets the prerequisites or requirements of
the permit; and,
Ordinance No. 1252
Page 54
(7)
Failure to provide County, State, and/or Federal mandated licensing
certificates on an annual basis.
3722 HEARING
No permit shall be revoked until the Director or the Planning Commission holds a
hearing on the matter. Written notice of the proposed revocation, the reasons therefor,
and of the hearing before the Director or the Planning Commission shall be provided to
the permittee at least ten (10) calendar days in advance of the hearing.
The permittee shall be entitled to present all pertinent and relevant evidence
pertaining to the proposed revocation.
PART3 APPEAL
3731 GENERAL
Any person may appeal a decision of the Director or Planning Commission to the
City Council by filing with the Director, within ten (10) days after receipt of notification of a
decision of the Director or Planning Commission, a written statement signed by the
applicant stating that he/she has elected to appeal to the City Council. Within thirty days
of the receipt of said notice of appeal, the Director shall notify the applicant of the date of
the City Council hearing. The Director shall mail the notice to the applicant, notifying
him/her of the time and place of the said hearing not less than five (5) days prior to said
hearing. At the time of the hearing the City Council shall afford the appellant and the
permittee, if not the appellant, an opportunity to present oral argument and evidence to
the City Council. Thereafter the City Council may affirm, reverse, revise, or modify the
decision of the Director or Planning Commission. The decision of the City Council shall
be final.
PART 4 REAPPLICATION
3741 REAPPLICATION
If a person applies for a permit for a particular location within a period of twelve
(12) months from the date of denial or revocation of a permit and there has not been an
intervening change in the circumstances that would eliminate the reasons for denial or
correct the reasons for revocation, the application shall be rejected by the Director. The
Director's decision may be appealed in accordance with Part 3 of this Chapter 7.
its entirety.
Part 3 of Chapter 5 of Article 1 of the Tustin City Code is hereby repealed in
Ordinance No. 1252
Page 55
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is
for any reason determined to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this ordinance. The City Council of the City of Tustin hereby declares that it would
have adopted this ordinance and each section, subsection, sentence, clause, phrase, or
portion thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting
on the 3rd day of June, 2002.
JE~K~Y,~'HOMA,~ '
Mayor
PAMELA STOKER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
CERTIFICATION FOR ORDINANCE NO. 1252
PAMELA STOKER, 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 5; that the above and foregoing Ordinance No. 1252 was duly and
regularly introduced at a regular meeting of the Tustin City Council, held on the 20th day
of May, 2002 and was given its second reading, passed, and adopted at a regular
meeting of the City Council held on the 3rd day of June, 2002 by the following vote:
COUNCILMEMBERAYES: Thomas, Bone, Doyle, and Kawashima
COUNCILMEMBER NOES: None
COUNClLMEMBER ABSTAINED: None
COUNClLMEMBER ABSENT: Worley
Ordinance No. 1252
Page 56
PAMELA STOKER
City Clerk
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA)
COUNTY OF ORANGE)
CITY OF TUSTIN)
I, Bevedey White, Chief Deputy City Clerk of the City of Tustin, hereby certify, under penalty of
perjury, that I caused the posting of Ordinance No. 1252 in the public notice display case in front
of the Council Chamber, 300 Centennial Way, Tustin, the public bulletin board at the Tustin
Area Senior Center, 200 S. "C" Street, the public display case at Columbus Tustin Gym, 17522
Beneta Way, Tustin, and the public display case at the Tustin Library, 345 E. Main Street,
Tustin.
Bevedey White, Chief Deputy City Clerk