Chapter 7.70 PRIVATE SCHOOLS

7.70.010 Definitions.

7.70.020 License--Required.

7.70.030 New license--Conditions.

7.70.040 Prorating of fees.

7.70.050 Employment of sex offenders prohibited.

7.70.060 License--Additional grounds for denial or revocation.

7.70.010 Definitions.

A. “Private school” means any school giving a course of training similar to that given in any grade of a public school from kindergarten to the twelfth grade, inclusive, but shall not include:
1. Public schools;
2. Trade schools;
3. Institutions for the conduct of which a license from the state is obtained;
4. Institutions maintained by any bona fide religious organization, or by and for the adherents of a bona fide church, sect or denomination.
B. “Sex offense” means any one or more of the offenses listed below:
1. Any offense defined in Sections 266, 267, 285, 286, 288, 288a, 647a, subdivision 3 or 4 of Section 261, or subdivision (a) or (d) of Section 647 of the Penal Code;
2. Any offense defined in former subdivision 5 of former Section 647 of the Penal Code repealed by Chapter 560 of the Statutes of 1961, or any offense defined in former subdivision 2 of former Section 311 of the Penal Code repealed by Chapter 2147 of the Statutes of 1961 if the offense defined in such sections was committed prior to September 15, 1961, to the same extent that such an offense committed prior to such date was a sex offense for the purposes of Section 12912 of the Education Code of the state of California prior to September 15, 1961;
3. Any offense defined in Section 314 of the Penal Code committed on or after September 15, 1961;
4. Any offense defined in former subdivision 1 of former Section 311 of the Penal Code repealed by Chapter 2147 of the Statutes of 1961 committed on or after September 7, 1955, and prior to September 15, 1961;
5. Any offense involving lewd and lascivious conduct under Section 272 of the Penal Code committed on or after September 15, 1961;
6. Any offense involving lewd and lascivious conduct under former Section 702 of the Welfare and Institutions Code repealed by Chapter 1616 of the Statutes of 1961 if such offense was committed prior to September 15, 1961, to the same extent that such an offense committed prior to such date was a sex offense for the purpose of Section 12912 of the Education Code of the state of California prior to September 15, 1961;
7. Any attempt to commit any of the abovementioned offenses;
8. Any offense committed or attempted in any other state which, if committed or attempted in this state, would have been punishable as one or more of the abovementioned offenses. (Ord. 8454 § 3 (part), 1963: Ord. 6691 § 1, 1955; Ord. 5860 Ch. 2 Art. 13 §§ 621 and 624, 1951.)

7.70.020 License--Required.

Every person conducting, managing or operating a private school shall first procure a license and pay an annual license fee in the amount set forth in Section 7.14.010 of this title, under the appropriate heading. (Ord. 11209 § 1 (part), 1975: Ord. 8608 § 1 (part), 1964: Ord. 7159 § 8 (part), 1957: Ord. 5860 Ch. 2 Art. 13 § 622, 1951.)

7.70.030 New license--Conditions.

The tax collector shall not issue a license (other than a renewal) to conduct a private school until the business license commission receives reports from the regional planning commission, the health officer and the forester and fire warden that the proposed private school will be conducted in compliance with all ordinances, laws, statutes and regulations of the enforcement of which, respectively, such officers have jurisdiction, and so notifies the tax collector. (Ord. 8454 § 3 (part), 1963: Ord. 5860 Ch. 2 Art. 13 § 623, 1951.)

7.70.040 Prorating of fees.

A person applying either for a new license or a renewal to conduct a private school may request a license which will expire at the end of June 30th. In such case, he shall pay a fee equal to that proportion of the required fee as the length of such license bears to one year. (Ord. 9807 § 6, 1969: Ord. 5860 Ch. 2 Art. 13 § 622.5, 1951.)

7.70.050 Employment of sex offenders prohibited.

A person conducting a private school shall not employ or retain in his employment in any position of teacher or other position in which such employer deals directly with the pupils any person which he knows or should know has been guilty of, or has been convicted of, any sex offense. (Ord. 8454 § 3 (part), 1963: Ord. 5860 Ch. 2 Art. 13 § 625, 1951.)

7.70.060 License--Additional grounds for denial or revocation.

In addition to the grounds stated in Section 7.06.090 and Chapter 7.08 of this title, a license to conduct a private school may be denied or revoked if the business license commission finds:
A. The applicant or licensee will not conduct or has not conducted the private school in compliance with all ordinances, including Section 7.70.050 and all other provisions of this chapter, laws, statutes and regulations, of the enforcement of which it has jurisdiction; or
B. The curriculum standards, qualifications of teachers or quality of custodial care will not be or is not equal to what the applicant or licensee claims or represents it will be, or is; or
C. The regional planning commission, health officer, or the forester and fire warden has reported that the private school will be or has been conducted in violation of any ordinance, law, statute or regulation, of the enforcement of which the reporting officer has jurisdiction. (Ord. 8454 § 3 (part), 1963: Ord. 5860 Ch. 2 Art. 13 § 626, 1951.)