Title 7 BUSINESS LICENSES
Chapter 7.08 DENIAL OR REVOCATION CONDITIONS
7.08.010 Denial or grant subject to conditions--Notice to applicant.
7.08.020 Real party in interest--Examination--License denial or revocation when.
7.08.030 Real party in interest--Notification of changes.
7.08.040 Changes of advertised name.
7.08.050 Change in corporation directors.
7.08.060 Denial or grant subject to conditions--Findings against licensee.
7.08.070 Grounds for denial--Activities which may involve free speech.
7.08.080 Grounds for denial--Activities not involving free speech.
7.08.090 Denial--Waiting period for new license.
7.08.100 Right to impose or change conditions--Notification to licensee.
7.08.110 Right to revoke or suspend--Execution by chairperson and penalties.
7.08.120 Conditions--Imposition following notification.
7.08.130 Conditions--Application to change.
7.08.140 Revocation or suspension--Activities which may involve free speech.
7.08.150 Revocation or suspension--Activities which do not involve free speech.
7.08.160 Revocation or suspension--Additional grounds.
7.08.170 Revocation or suspension--Ambulance or tow truck violations.
7.08.180 Revocation--Notice to tax collector.
7.08.190 Revocation--Forfeiture of fee.
7.08.200 Revocation--Waiting period for new license.
7.08.210 Insurance or bond--Cancellation restrictions.
7.08.220 Insurance or bond--Notice of cancellation by licensee.
7.08.230 Insurance or bond--Notice of cancellation by officers or employees.
7.08.240 Insurance, bond or self-insurance plan--Effect on validity of license--License suspension when.
7.08.250 Insurance or bond--Cancellation--Notice to licensee--License revoked when.
7.08.260 Revocation or suspension--Return of license or plates.
7.08.270 Insurance or bond--Filing before cancellation.
7.08.280 Wrongful use of license deemed misdemeanor when.
7.08.010 Denial or grant subject to conditions--Notice to applicant.
Unless a hearing already has been held, before the tax collector or
business license commission denies any new or renewal license or grants any
license subject to conditions, the applicant shall be so notified in writing.
The notice shall advise the applicant that, within five days after receipt of
the notice, he may request a hearing before the business license commission. If
the intention is to grant the license subject to conditions, the notice shall
also specify the proposed conditions. The notice shall be given by registered or
certified mail, postage prepaid, or in the manner required for the service of
summons in civil actions. This section shall not apply to the renewal of any
license made subject to conditions previously imposed or to which the applicant
has previously agreed. (Ord. 2003-0067 § 8, 2003: Ord. 9714 § 1
(part), 1968: Ord. 7462 § 10 (part), 1959: Ord. 6170 § 1, 1953: Ord.
5860 Ch. 1 Art. 7 § 82, 1951.)
7.08.020 Real party in interest--Examination--License denial or revocation when.
The business license commission, referee, tax collector, sheriff, or other
appropriate officer or body may examine under oath any applicant or licensee to
determine who is the real party in interest in the business, occupation or
exhibition for which a license is sought. If the business license commission or
other body having jurisdiction is satisfied that the application is not in the
interest of the person in whose name the application is made, it may deny or
revoke the license. If the business license commission or such other body finds
that the application is in the interest of one whose license has been revoked or
who has been refused a license, it may treat the application as though made by
the real party in interest, and the application shall have the same effect
against any future applications as if it had been made in the name of the real
party in interest. (Ord. 10159 § 3 (part), 1970: Ord. 9714 § 1 (part),
1969: Ord. 5860 Ch. 1 Art. 7 § 85, 1951.)
7.08.030 Real party in interest--Notification of changes.
Every person having a license issued pursuant to this title within five
days thereafter shall notify the tax collector in writing of any change in facts
required to be stated by subsection B of Section 7.06.020 where the said
subsection is applicable, and any change in facts required to be stated in an
application by Section 7.06.030, or by paragraphs (b), (c), and (d) of former
Section 2221 of Ord. 5860, where applicable. (Ord. 8485 § 1 (part), 1963:
Ord. 7159 § 4, 1957; Ord. 7011 § 2, 1956: Ord. 5860 Ch. 1 Art. 7
§ 86, 1951.)
7.08.040 Changes of advertised name.
If any licensee adopts a name or designation not specified in its
application for a license pursuant to subsection E of Section 7.06.020, or
changes such name or designation, within five days thereafter he shall so notify
the tax collector and the business license commission in writing. (Ord. 88-0126
§ 2, 1988: Ord. 9630 § 4, 1968: Ord. 5860 Ch. 1 Art. 7 § 86.2,
1951.)
7.08.050 Change in corporation directors.
A license granted to a corporation pursuant to this title shall be valid
only so long as the directors of the corporation remain the same as shown on its
application for a license or a written notice filed pursuant to Section
7.08.030, unless pursuant to Section 7.08.030, within 30 days after any change
in its directors the licensee so notifies the tax collector in writing and at
the time of so filing pays a fee in the amount set forth in Section 7.14.010,
under the appropriate heading. (Ord. 11209 § 1 (part), 1975: Ord. 8608
§ 1 (part), 1964: Ord. 8485 § 2, 1963: Ord. 5860 Ch. 1 Art. 7 §
87, 1951.)
7.08.060 Denial or grant subject to conditions--Findings against licensee.
A. If the sheriff, the director of the regional planning commission, the
director of health services, the director of animal care and control, the
director of public works, the forester-fire warden, the commission, the board,
or any member thereof, or any other commission, board or officer, finds facts
because of which any license granted pursuant to this title should not be
renewed, or, if renewed, should be subject to conditions not included in the
existing license, or if any application for the revocation or modification of
such license has been filed or is pending, each such officer shall so notify the
treasurer and tax collector, in writing within 10 days, giving name of the
license, number of license and reason for denial or addition of
conditions.
B. The treasurer and tax collector shall develop and issue
specific guidelines and procedures for departments and officers to deny or
condition a renewal license or to prepare and submit an accusation. The
treasurer and tax collector shall also implement in cooperation with the sheriff
and department of health services a reporting format to track business license
enforcement activity and provide a quarterly summary to the board of all license
enforcement activities performed by the appropriate agencies. (Ord. 97-0055
§ 2, 1997: Ord. 9714 § 1 (part), 1969: Ord. 7462 § 11 (part),
1959: Ord. 5860 Ch. 1 Art. 7 § 91.5, 1951.)
7.08.070 Grounds for denial--Activities which may involve free speech.
A. The following shall constitute grounds for denial of a license for a
bookstore, exhibition, traveling show, motion picture theater, sound or
advertising vehicle, model studio, picture arcade, entertainment as defined in
Part 1 of Chapter 7.36, outdoor festivals, or growth centers:
1. The
building, structure, equipment or location of such business does not comply with
or fails to meet all of the health, zoning, fire and safety requirements or
standards of all the laws of the state of California or ordinances of the county
of Los Angeles applicable to such business operation;
2. The applicant, his
employee, agent or manager has knowingly made any false, misleading or
fraudulent statement of material fact in the application for a license or in any
report or record required to be filed with the tax collector or
commission.
B. This section does not apply to licenses for security guards
as provided for in Section 7.60.280 or to adult business licenses provided for
in Chapter 7.92. (Ord. 2003-0067 § 9, 2003: Ord. 10545 § 1 (part),
1972: Ord. 10475 § 1 (part), 1972: Ord. 10438 § 1 (part), 1972: Ord.
10336 § 1 (part), 1971: Ord. 10217 § 2, 1971: Ord. 5860 Ch. 1 Art. 7
§ 82.7, 1951.)
7.08.080 Grounds for denial--Activities not involving free speech.
In addition to the grounds set forth in Section 7.08.070 the following
shall constitute grounds for denial of a license other than a license covered by
Section 7.08.070, but including a license for a security guard as provided for
in Section 7.60.280:
A. The business is prohibited by any local or state
law, statute, rule or regulation, or prohibited in the particular location by
any law, statute or rule; or
B. The business has been or is a public
nuisance; or
C. The applicant is unfit to be trusted with the privileges
granted by such license, or has a bad moral character, intemperate habits, or a
bad reputation for truth, honesty or integrity; or
D. The applicant, his
agent or employee, or any person connected or associated with the applicant as
partner, director, officer, stockholder, associate or manager, has committed or
aided or abetted in the commission of any act or act of omission which,
committed by a licensee would be a ground for disciplinary action under this
chapter; or
E. The applicant, his agent or employee, or any person connected
or associated with the applicant as partner, director, officer, stockholder,
associate or manager, has been refused a license or had a license revoked by the
county, or by any other public agency as defined in Section 7.02.280 on any
ground on which the county could deny such a license, except subsection A of
this section, or has been an officer, director, member, partner or manager of
any person, corporation or other business entity of whatever form, which has
been refused a license or had a license revoked by the county or by any other
public agency as defined in Section 7.02.280 on any such ground; or
F. The
establishment or business will in any way be detrimental to the public interest.
(Ord. 93-0061U § 6, 1993: Ord. 10217 § 3, 1971: Ord. 9962 § 3
(part), 1970: Ord. 9897 § 4 (part), 1969: Ord. 9807 § 2 (part), 1969:
Ord. 9749 § 3 (part), 1969: Ord. 9630 § 3, 1968: Ord. 9592 § 2,
1968: Ord. 9431 § 2 (part), 1967: Ord. 6170 § 2, 1953: Ord. 5860 Ch. 1
Art. 7 § 83, 1951.)
7.08.090 Denial--Waiting period for new license.
If a license has been denied, the tax collector shall not accept a new
application by the same person less than one year after such denial for a
license for the same activity at the same location unless that application
affirmatively shows, and the tax collector finds, that the grounds upon which
the first application was denied no longer exist. (Ord. 9920 § 3 (part),
1969: Ord. 8073 § 2, 1961: Ord. 5860 Ch. 1 Art. 7 § 84.5,
1951.)
7.08.100 Right to impose or change conditions--Notification to licensee.
If at any time it appears to the business license commission that there
are grounds for revocation of a license, or that the occupation or activity
licensed is being conducted so as to be detrimental to public health, safety or
public welfare, but that such grounds or such conduct could be eliminated by the
imposition of conditions, or of additional conditions, or by the amendment of
any existing conditions to such license, it may notify the licensee in writing
that it intends to impose or amend such conditions, and that the licensee may,
within five days after receipt of such notice, request, in writing, a hearing.
This section does not apply to any adult business license issued pursuant to
Chapter 7.92. (Ord. 2003-0067 § 10, 2003: Ord. 9714 § 1 (part), 1969:
Ord. 7462 § 11 (part), 1959: Ord. 5860 Ch. 1 Art. 7 § 91.5,
1951.)
7.08.110 Right to revoke or suspend--Execution by chairperson and penalties.
A. Every license granted under this title or any section thereof is
granted and accepted by all parties with the express understanding that the
commission may hold a public hearing, notice of the time and place of which
shall be given to the licensee, and that if, after such hearing the commission
finds that any grounds of revocation exist, the commission may revoke or suspend
such license, and that if the facts or conditions constituting the grounds of
revocation are an immediate threat to the public peace, health or safety, the
commission, pending such hearing, may suspend such license for not more than 60
days.
B. The commission chairperson is authorized to execute an order
immediately suspending a business license pending the next meeting of the full
commission, when the chairperson determines that the sheriff, the forester-fire
warden, the director of the department of health services, the building and
safety division of the department of public works, or the director of the
department of animal care and control has brought an accusation against the
business pursuant to Section 7.10.210 containing allegations that the business
is operating in violation of one or more state, county or other local
regulations and as a result of the violation an imminent threat to public peace,
health or safety exists.
C. Operation of a business or engaging in business
activity in violation of an order issued pursuant to subsection A or B of this
section revoking or suspending a license shall constitute a violation of Section
7.04.020 and shall be punishable as provided in Sections 7.04.320, 7.04.330 and
7.04.360. Any person violating such order may also be civilly enjoined from such
violation as provided in Section 7.04.340 and shall be subject to the civil
penalties provided under Section 7.04.350. (Ord. 97-0055 § 3, 1997: Ord.
9962 § 3 (part), 1970: Ord. 9714 § 1 (part), 1969: Ord. 6833 § 1,
1955: Ord. 5860 Ch. 1 Art. 7 § 91, 1951.)
7.08.120 Conditions--Imposition following notification.
If, after receipt of notice pursuant to Section 7.08.100, the licensee
does not request a hearing, or, if after a hearing the business license
commission finds facts as specified in Section 7.08.100, it may impose
conditions or amend existing conditions as justified by the facts found. Such
new conditions or amendments may include, but are not confined to, requirements
for off-street parking and hours of operation. This section does not apply to
any adult business license issued pursuant to Chapter 7.92. (Ord. 2003-0067
§ 11, 2003: Ord. 9714 § 1 (part), 1969: Ord. 5860 Ch. 1 Art. 7 §
91.6, 1951.)
7.08.130 Conditions--Application to change.
If a licensee applies in writing to the business license commission for a
change in the conditions to which his license is subject, the business license
commission may grant such application, based upon the facts found by such body.
(Ord. 9714 § 3 (part), 1969: Ord. 7462 § 11 (part), 1959: Ord. 5860
Ch. 1 Art. 7 § 91.7, 1951.)
7.08.140 Revocation or suspension--Activities which may involve free speech.
A. After a hearing as provided in Chapter 7.10 of this title, the
commission may suspend or revoke a license for a bookstore, exhibition,
traveling show, motion picture theater, sound or advertising vehicle, model
studio, picture arcade, entertainment as defined in Part 1 of Chapter 7.36,
outdoor festival, or growth center if it finds that one or more of the following
conditions exist:
1. The building, structure, equipment or location of such
business does not comply with or fails to meet all of the health, zoning, fire
and safety requirements or standards of all the laws of the state of California
or ordinances of the county of Los Angeles applicable to such business
operation;
2. The licensee, his employee, agent or manager has been
convicted in a court of competent jurisdiction of:
a. Any violation of any
statute, Ordinance 5860, or any other ordinance arising from any act performed
in the exercise of any rights granted by the license the revocation of which is
under consideration, or
b. Any offense involving the maintenance of a
nuisance caused by any act performed in the exercise of any rights granted by
the license the revocation of which is under consideration;
3. The licensee,
his employee, agent or manager has knowingly made any false, misleading or
fraudulent statement of material fact in the application for a license, or in
any report or record required to be filed with the tax collector or
commission;
4. The licensee has violated any rule or regulation adopted the
commission relating to the licensee’s business;
5. The licensee has
failed or refused to notify the tax collector of any change in facts as required
by Section 7.08.030 within five days after such change.
B. This section does
not apply to a license for a security guard as provided for in Section 7.60.280
or to an adult business license as provided for in Chapter 7.
92.(Ord.
2003-0067 § 12, 2003: Ord. 10545 § 1 (part), 1972: Ord. 10475 § 1
(part), 1972: Ord. 10438 § 1 (part), 1972: Ord. 10217 § 4, 1971: Ord.
5860 Ch. 1 Art. 7 § 91.9, 1951.)
7.08.150 Revocation or suspension--Activities which do not involve free speech.
After a hearing as provided in Chapter 7.10 of this title, the commission
may suspend or revoke a license, other than a license covered by Section
7.08.140 but including a license for a security guard as provided for in Section
7.60.280, if it finds that any licensee, his agent or employee or any person
connected or associated with the licensee as partner, director, officer,
stockholder, general manager, or person who is exercising managerial authority
of or on behalf of the licensee has:
A. Knowingly made any false, misleading
or fraudulent statement of a material fact in an application for a license, or
in any report or record required to be filed with any governmental agency;
or
B. Violated any provision of Ordinance 5860, or any other ordinance, or
of any statute relating to his permitted activity; or
C. Been convicted of a
felony or any crime involving theft, embezzlement or moral turpitude;
or
D. Committed any act constituting dishonesty or fraud; or
E. A bad
moral character, intemperate habits, or a bad reputation for truth, honesty or
integrity; or
F. Committed any unlawful, false, fraudulent deception or
dangerous act while conducting a licensed business; or
G. Published, uttered
or disseminated any false, deceptive or misleading statements or advertisements
in connection with the operation of a licensed business; or
H. Violated any
rule or regulation adopted by any governmental agency relating to the
licensee’s business; or
I. Wilfully failed to comply with the terms of
any contract made as part of the exercise of the licensed business;
or
J. Conducted the licensed business in a manner contrary to the peace,
health, safety, and the general welfare of the public; or
K. Demonstrated
that he is unfit to be trusted with the privileges granted by such a license;
or
L. Failed or refused to notify the tax collector of any change in facts
as required by Section 7.08.030 within five days after such change. (Ord. 10217
§ 5 (part), 1971: Ord. 9962 § 3 (part), 1970: Ord. 9897 § 4
(part), 1969: Ord. 9807 § 2 (part), 1969: Ord. 9749 § 3 (part), 1969:
Ord. 9630 § 5 (part), 1968; Ord. 9431 § 2 (part), 1967: Ord. 7462
§ 12 (part), 1959: Ord. 7011 § 3, 1956; Ord. 5942 § 13 (part),
1952: Ord. 5860 Ch. 1 Art. 7 § 92, 1951.)
7.08.160 Revocation or suspension--Additional grounds.
In addition to the grounds stated in Sections 7.08.140 and 7.08.150, after
a hearing as provided in Chapter 7.10, the commission may suspend or revoke a
license if it finds that any licensee, his agent or employee, general manager,
or person who is exercising managerial authority of or on behalf of the licensee
has violated any condition or restriction of the license. (Ord. 10438 § 1
(part), 1972: Ord. 10279 § 6 (part), 1971: Ord. 5860 Ch. 1 Art. 7 §
92.1, 1951.)
7.08.170 Revocation or suspension--Ambulance or tow truck violations.
A. In addition to the grounds stated in any other section of this title,
the commission, after a hearing as provided in Chapter 7.10, shall suspend for a
period of not less than 10 days nor more than 60 days a tow truck operator
license granted pursuant to Section 7.28.030 or an ambulance operator license
granted pursuant to Section 7.16.030 if it finds that any such licensee, his
agent or employee, general manager, or person who is exercising managerial
authority of or on behalf of the licensee has acted as a runner or capper as
prohibited by Sections 6151 and 6152 of the California Business and Professions
Code.
B. In addition to the grounds stated in any other section of this
title, the commission, after a hearing as provided in Chapter 7.10 of this
title, shall revoke a tow truck operator license granted pursuant to Section
7.28.030 or an ambulance operator license granted pursuant to Section 7.16.030
if it finds that any such licensee, his agent or employee, general manager, or
person who is exercising managerial authority of or on behalf of the licensee or
any combination of such persons has acted as a runner or capper as prohibited by
Sections 6151 and 6152 of the California Business and Professions Code more than
once in any 12-month period. (Ord. 11018 § 1, 1974: Ord. 5860 Ch. 1 Art. 7
§ 92.2, 1951.)
7.08.180 Revocation--Notice to tax collector.
The executive officer of the business license commission shall give notice
of such revocation to the tax collector. (Ord. 9714 § 53 (part), 1969: Ord.
5860 Ch. 1 Art. 7 § 94, 1951.)
7.08.190 Revocation--Forfeiture of fee.
On revocation of the license, no part of the money in the hands of the tax
collector shall be returned, but the license fee shall be forfeited to the
county. (Ord. 5860 Ch. 1 Art. 7 § 93, 1951.)
7.08.200 Revocation--Waiting period for new license.
When a license of any person is revoked for cause, no similar license
shall be granted to the same person within one year after such revocation,
except for an activity listed in Section 7.08.140. (Ord. 2003-0067 § 13,
2003: Ord. 10545 § 1 (part), 1972: Ord. 9920 § 3 (part), 1969: Ord.
5860 Ch. 1 Art. 7 § 95, 1951.)
7.08.210 Insurance or bond--Cancellation restrictions.
A policy of insurance or a bond or undertaking required by this title
shall not be accepted unless it either is not subject to cancellation or it
provides that it shall not be cancelled until 30 days after the insurer or
surety gives notice thereof to the tax collector. (Ord. 89-0085 § 1, 1989:
Ord. 10279 § 6 (part), 1971: Ord. 5860 Ch. 1 Art. 7 § 95.6,
1951.)
7.08.220 Insurance or bond--Notice of cancellation by licensee.
Within three days after a licensee first learns that a bond, undertaking
or policy of insurance required as a condition of his license will be or has
been cancelled, such licensee shall so notify, in writing, the tax collector.
(Ord. 10336 § 2, 1971: Ord. 5860 Ch. 1 Art. 7 § 95.7, 1951.)
7.08.230 Insurance or bond--Notice of cancellation by officers or employees.
If any county officer, employee or department is informed of any change or
cancellation of any insurance policy, undertaking or bond required by this
title, such officer, employee or department immediately shall so inform the
executive officer of the commission, the tax collector and the sheriff of such
change or cancellation. (Ord. 10279 § 6 (part), 1971: Ord. 5860 Ch. 1 Art.
7 § 95.8, 1951.)
7.08.240 Insurance, bond or self-insurance plan--Effect on validity of license--License suspension when.
A. Whenever this title requires the licensee or applicant for any license
to procure, post or maintain in effect any bond, undertaking, deposit, surety,
policy of insurance or approved self-insurance plan, any license so issued is
good only while such bond, undertaking, deposit, surety, policy of insurance or
approved self-insurance plan is in full force and effect. Such license shall be
automatically suspended without notice if at any time such bond, undertaking,
deposit, surety or policy of insurance is not in full force and effect, or at
any such time as a self-insurance plan approved by the business license
commission fails to meet the requirements as set forth in Section 7.80.241.
(Ord. 89-0086 § 5, 1989: Ord. 7159 § 5 (part), 1957: Ord. 5860 Ch. 1
Art. 7 § 96, 1951.)
7.08.250 Insurance or bond--Cancellation--Notice to licensee--License revoked when.
The tax collector shall notify the licensee in writing of any suspension
pursuant to Section 7.08.240. Within five days thereafter, the licensee may
request in writing a hearing before the business license commission or other
appropriate tribunal. The business license commission or other appropriate
tribunal shall hold a hearing as provided in this chapter and Section 7.06.090,
and, as indicated by the evidence received at such hearing, revoke such license
or terminate the suspension and restore the license. If the licensee does not
request a hearing, the license is automatically revoked at the expiration of
five days after notification of suspension. (Ord. 9714 § 3 (part), 1969:
Ord. 7159 § 5 (part), 1957: Ord. 5860 Ch. 1 Art. 7 § 98,
1951.)
7.08.260 Revocation or suspension--Return of license or plates.
Whenever a license is suspended or revoked, either the tax collector or
the sheriff shall take into his possession any license, license plates or
similar evidence of a license which has been suspended or revoked. The holder
thereof shall surrender the same upon request. The sheriff shall deliver any
license, license plates or similar evidence of a license received by him to the
tax collector. (Ord. 9714 § 3 (part), 1969: Ord. 9557 § 4 (part),
1968: Ord. 7159 § 5 (part), 1957: Ord. 5860 Ch. 1 Art. 7 § 98.5,
1951.)
7.08.270 Insurance or bond--Filing before cancellation.
If a new bond, undertaking, deposit, surety or policy of insurance
acceptable to the business license commission is filed before cancellation or
expiration of the old one becomes effective, then the license will continue in
full force. (Ord. 9714 § 3 (part), 1969: Ord. 7159 § 5 (part), 1957:
Ord. 5860 Ch. 1 Art. 7 § 97, 1951.)
7.08.280 Wrongful use of license deemed misdemeanor when.
Any person who does any of the following is guilty of a
misdemeanor:
A. Displays or causes or permits to be displayed or has in his
possession any canceled, revoked, suspended, fictitious or fraudulently altered
license, or any document simulating a license or purporting to be or to have
been issued as license;
B. Lends his license to any other person or
knowingly permits the use thereof by another;
C. Displays or represents any
license not issued to him as being his license;
D. Fails or refuses to
surrender to the sheriff or tax collector, upon his lawful demand, any license
which has been suspended, revoked or canceled;
E. Permits any unlawful use
of a license issued by him;
F. Photographs, photostats, duplicates or in any
way reproduces any license or facsimile thereof in such a manner that it could
be mistaken for a valid license, or displays or has in his possession any such
photograph, photostat, duplicate, reproduction or facsimile, unless authorized
by the provisions of this title. (Ord. 10475 § 2, 1972: Ord. 5860 Ch. 1
Art. 7 § 98.6, 1951.)
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