5.16.020 Licensing-Bonding, etc.
Any person who seeks to perform any of those acts described in Section 5.16.010 of this chapter shall first obtain and hold a current license for such purpose. Each such person shall comply with the following requirements:
A. Application. Each application for a license shall be submitted to and upon a form provided by the chief of police, or his or her designee, and shall contain the following information.
1. A statement of the type of service to be provided, the name under which the service is to be provided and the address where such service is to be provided;
2. The true name and any fictitious names of the applicant and the applicant's date of birth;
3. The location and mailing address of the applicant's employing company or sponsoring organization, if any;
4. If the applicant is employed by or affiliated with a corporation, the name and residential address of each of the officers and directors of such corporation;
5. If the applicant is employed by or affiliated with a partnership, the name and residence address of each partner, including limited partners;
6. One portrait photograph at least two inches by two inches and a complete set of the applicant's finger-prints, which shall be taken by the police department;
7. Any of the crimes set forth in subsection (C)(2) of this section below of which the applicant has been convicted, including the date and court; and
8. Such other information as may be required by the chief of police.
B. Investigation Fee. Each application for a license shall be accompanied by an investigation fee in the sum of seventy-five dollars ($75.00), no part of which shall be refundable.
C. Issuance, Fee, Denial. The chief of police, or his designee, shall issue a license upon payment of a license fee in the amount of twenty-five dollars ($25.00) if it is found:
1. That the operation, as proposed by the applicant, if licensed, would comply with all applicable laws, including zoning laws;
2. That the applicant has not been convicted in a court of competent jurisdiction of:
a. Any offense involving the use of force or violence upon the person of another,
b. Any offense involving the elements of fraud or theft,
c. Any crime requiring registration under Section 290 of the California Penal Code, or of any violation of Sections 311 through 311.7, 314, 315, 316, 318 or 647(a), (b), or (d) of such Penal Code,
d. A crime requiring registration under Section 11590 of the California Health and Safety Code, or
e. Any offense as defined in the laws of any jurisdiction other than the state of California which is substantially similar to any of the above offenses;
3. That the applicant has not knowingly and with intent to deceive made any false, misleading or fraudulent statements of fact in the license application or any other document required by the city in conjunction therewith.
If one or more of the above described findings cannot be made, such license shall be denied. In the event of denial, the applicant shall be notified in writing of the reason(s) for denial. Any applicant shall have the right to a hearing before the city council. If such a hearing is not requested in writing within ten days of notice of denial by the chief of police, the denial shall be final.
D. Bond. No license shall be issued until the applicant has filed with the city clerk a surety bond in the principal sum of one thousand dollars ($1,000.00) executed as surety by a good and sufficient corporate surety authorized to do a surety business in this state and as principal by the applicant which shall have been approved by the city attorney as to form, which bond shall have been given to insure good faith and fair dealing on the part of said applicant and as a guarantee of indemnity for any and all loss, damage, injury, theft, or other unfair dealing suffered by any patron of said applicant within the city during the term of the license. An applicant may deposit cash in the amount of one thousand dollars ($1,000.00) in lieu of filing a surety bond, which money shall be deposited by the city clerk with the city treasurer and shall be used for the same purposes as a bond. If an applicant deposits cash in lieu of a bond, said cash shall be returned to said applicant upon request but not sooner than four years after the last day such applicant holds a license hereunder.
E. Term. Each license issued pursuant to this section shall be valid for one year from the date of issuance, unless suspended or revoked at an earlier time.
F. Renewal. If, prior to the expiration date of a currently valid license, the licensee applies for the renewal of such license, the chief of police, or his designee, shall grant such renewal provided that all facts set forth on the original application are substantially the same and that the applicant has not been convicted of any of the offenses set forth in subsection (C)(2) of this section and provided further that such application is accompanied by a license fee in the sum of twenty-five dollars ($25.00).
G. Suspension, Revocation. Any license issued pursuant hereto shall be subject to suspension or revocation by the chief of police for violation of any provision of this section or for grounds that would warrant the denial of the issuance of such license in the first instance.
H. Appeal. Within ten (10) days after any suspension or revocation of a license, the person aggrieved may appeal such action to the city council by filing a written request for a hearing with the council. Upon the filing of such a request, the city clerk shall set a time and place for hearing and shall notify the appellant thereof. The hearing shall be set within thirty (30) days after the request is filed. The suspension or revocation of a license shall be stayed pending the decision of the council on the appeal.
I. Transfer of License. No licensee shall transfer the license to any other person.
J. Posting of License. Every licensee shall post the license in a conspicuous place upon the premises.
K. Appeals Procedure. Any appeal to the city council under this section shall be governed by the provisions of Sections 1.24.010 through 1.24.100 of this code. (Prior code § 46.01.002)
