HomeMy WebLinkAboutORD 1201ORD 1201 pT3 (Ìì Š P ORDINANCE NO. 1201
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK CALIFORNIA AMENDING CHAPTER
110 OF THE BALDWIN PARK MUNICIPAL CODE.
SPECIFICALLY RELATING TO GENERAL BUSINESS
PERMITS
WHEREAS. Title XI of the Baldwin Park Municipal Code sets forth the
regulations regarding the permitting of businesses in the City of Baldwin Park.
WHEREAS, Chapter 110 of Title XI of the Baldwin Park Municipal Code currently
provides the procedural aspects relating to the issuance, denial, suspension and
revocation of business permits. As part of this procedure, Section 110.04 allows the
City Manager i.e., the City's Chief Executive Officer) to conduct an investigation of facts
relating to the business permit application to determine whether the permit should be
issued.
WHEREAS, in order to serve the best interest of the community, the City Council
seeks to amend Section 110.04 in order to clarify that the application investigation
process shall involve review by other City departments, including the Police
Department, to ensure that the appropriate action is taken on each business permit
application. In addition, the City Council seeks to amend Section 110.04 to allow the
investigation regarding the business application to include consideration of the
applicant's criminal record and prior business history in order to protect the health,
safety and general welfare of the community, with respect to certain types of business
operations, such as massage establishments, entertainment uses, cyber cafes, etc.
Because these types of businesses are known to be problematic in other cities, the City
Council finds that regulations should be developed to prevent deterioration and/or
degradation of the vitality of the community before problems are created, rather than
dealing with such problems after they exist.
WHEREAS, the City Council conducted a duly noticed public hearing on the
proposed ordinance on April 2, 2003. Upon consideration of all public testimony and
discussion related thereto, the City Council approves the amendments to Chapter 110
of Title XI as set forth herein.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Baldwin Park as follows:
SECTION 1. Section 110.03 of Chapter 110 General Business Permits") of Title
XI Business Regulations") of the Baldwin Park Municipal Code is hereby amended to
read as follows:
110.03 APPLICATION.
Any person required to obtain a permit pursuant to this title shall file a written
application therefore with the City Manager. Written application forms for such permits
shall be prepared by the City Manager, which shall require thereon such information as
he or she deems necessary to carry out the purposes of this title. For purposes of this
title, the term City Manager" shall also mean and refer to the City's Chief Executive
Officer.
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ORD 1201 pT3 (Ìì Š P Ordinance No. 1201
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SECTION 2. Section 110.04 of Chapter 110 General Business Permits") of
Title XI Business Regulations") of the Baldwin Park Municipal Code is hereby
amended to read as follows:
110.04 APPLICATION INVESTIGATION.
A) The City Manager, or his or her designee, upon receipt of a written
application for a permit, shall conduct an appropriate investigation to determine
whether the permit should be issued in accordance with the provisions set out in this
title. The City Manager, or his or her designee, may consider any relevant factual
material, including, but not limited to, the character and reputation of the applicant
and/or other persons who will be involved in the conduct of the operation allowed by
the permit, if issued. Moreover, investigation of the business permit application shall
involve review by other City departments, including the Police Department, to ensure
that the action to be taken on each business permit application is appropriate and
consistent with the intent and purpose of this title. This investigation and review
process shall apply to situations involving a change of ownership of a business. In
the case of businesses involved primarily in first amendment activities, the
investigation and review process shall be completed within thirty 30) days, and the
decision of the City Manager, or his or her designee, regarding issuance, conditional
issuance or denial of the business permit shall be made within said thirty 30) day
period, unless the applicant consents to a longer period.
B) With respect to the following types of business operations as listed
below, the investigation of the facts relating to the business permit application may
also take into consideration the applicant's criminal record and prior business history
in order to protect the health, safety and general welfare of the community. In no
event shall a prior criminal record, or the prior denial, revocation or suspension of a
business license or permit, constitute the sole basis or justification for the denial of a
business permit unless the City Manager, or his or her designee, after reviewing and
considering all relevant facts and circumstances, finds and determines that:
1) The applicant's prior criminal record includes one or more
convictions for a crime involving moral turpitude which is substantially related to the
business activity for which the permit is requested and, when considered alone or in
conjunction with prior injunctive relief or the prior denial, revocation or suspension of
a business license or permit, the issuance of the permit would be detrimental to the
health, safety and general welfare of the community.
2) The provisions of this subsection B) shall apply to the following types
of businesses: Billiard Parlors/Pool Halls; Bowling Alleys; Uses with Live
Entertainment; Fortune-telling; Health Clubs; Hypnotists; Massage Establishment;
Peddlers and Solicitors; Social Clubs; Chiropractors; and Cyber Cafes. The
provisions of this subsection B) shall not apply to businesses involved primarily in
first amendment activities.
C) Prior to the issuance of any business permit, the applicant must also
comply with all applicable zoning, health, fire, building and safety laws of the State of
California and of the City of Baldwin Park.
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SECTION 3. Except as amended herein, all the terms and provisions of Chapter
110 shall remain in full force and effect.
SECTION 4. The City Clerk shall attest and certify the passage and adoption of
this ordinance, which shall take full force and effect thirty 30) days after the date of its
adoption.
PASSED AND APPROVED ON THE 16th day of April 2003.
//' lANUEL LOZANO
MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss
CITY OF BALDWIN PARK
I, ROSEMARY M. RAMIREZ, Chief Deputy City Clerk of the City of Baldwin Park.
do hereby certify that the foregoing Ordinance No- 1201 was introduced at a regular
meeting of the City Council on the April 2, 2003 and thereafter was duly adopted by the
City Council at a regular meeting of the City Council on the April 16, 2003 by the
following vote:
AYES:
COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Marten Garcia, David Olivas, Ricardo Pacheco,
Mayor Pro Tern Bill Van Cleave, and Mayor
ManuelLozano
None
None
None
REZ, CMC
CLERK
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