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Ordinance No. 283ORDINANCE NO. 283 81 AN ORDINANCE OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 236 OF THE CITY OF CYPRESS REQUIRING SPECIAL PERMITS FOR THE CONDUCT OPERATION OR MANAGEMENT OF CERTAIN BUSINESSES WITHIN THE CITY OF CYPRESS THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS Ordinance No. 236 is amended to read as follows SECTION 1. DEFINITIONS. A. Any terms not specifically defined hereunder shall have the meaning ascribed to them in Ordinance No. 82 of the City of Cypress, the Business License Ordinance as amended, which is incorporated herein as fully as if set forth at length B. As used herein, the term 'Pawn Broker' shall mean every person conducting, managing or carrying on the business of loaning money either for himself or for any other person, upon any personal property personal security or purchasing personal property and reselling or agreeing to resell such property to the vendor or other assignee at prices previously agreed upon. Nothing in this Ordinance shall be deemed to apply to the loaning of money on personal property or personal security by any bank authorized to do so under the laws of this State or of the United States. C. As used herein, the term 'Solicitor' shall mean any peddler vendor or other person who sells or leases any commodity or service, or solicits or takes orders for the sale or lease of any commodity or service from house to house D. As used herein, the term 'Person' shall mean any individual partnership joint venture, association, firm, corporation, estate or trust or other such entity SECTION 2. SPECIAL PERMITS REQUIRED - A. No persons shall operate, conduct or manage any business falling within the categories enumerated in the following Subsection B without a special permit or supplemental permit as hereinafter provided. B. The businesses for which a special permit is required hereunder are as follows (1) Public dance hall (2) Pawn Broker (3) Second-hand store or dealer (4) Solicitor (5) Any business in which any product or commodity is sold at retail from a motor vehicle, truck or trailer or any business in which any product or commodity is sold at retail from any place except a fixed place of business within the City on which general real property ad valorem taxes are levied and collected, which business is conducted by sales made before 7 00 A.M. or after sunset, and utilizes a sound producing device for advertising purposes SECTION 3. EXEMPTIONS A. Charitable Organizations (1) Exempt Organizations All businesses specified in Section 2.B hereof which are conducted, managed or carried on by any religious charitable, fraternal educational, military state county or municipal organization or association, shall be entitled to an exemption from the provisions of this Ordinance upon compliance with the following conditions Ordinance No 283 82 (a) Not less than 85% of the gross receipts derived from the business of solicitation or not less than 50% of the gross receipts derived from other businesses are to be appropriated solely for the purposes and ob- jectives for which such organization or association was formed, or (b) The City Council determines that despite the fact that such business does not comply with the provisions of the preceding Subsection 3 A. (1) (a) such business id devoted primarily to the bona fide purpose of providing funds for the purposes and objectives of a bond fide charitable, religious or eleemosynary organization or association, and that such business will comport with the public peace health safety and welfare. (2) Procedures (a) Such exemption shall be obtained by the filing of a verified statement with the City Clerk of the City of Cypress, disclosing the character of the business which entitles the applicant to such an exemption. Such statement shall state the name and address of the institution or organization which is conducting, managing, or carrying on such business, and the names and addressed of all persons engaged in such business on behalf of such institution or organization. (b) All claims for such exemption shallte referred to the City Attorney and the Police Chief of the City of Cypress for investigation and recommenda- tion. B Out -of -State Solicitors Any applicant claiming tote entitled to an exemption from the requirement of obtaining any special permit or supplemental permit provided for in this ordinance upon the ground that such permit imposes a burden upon his right to engage in commerce with foreign nations or among the several states or conflicts with the United States Constitution or the regulations of the United States Congress respecting interstate commerce or any other matter shall file a verified statement with the City Clerk of the City of Cypress disclosing the interstate or other character of his business which entitles him to such exemption. Such statement shall state the name and address of the company firm or group for which the orders are to be solicited or secured, or the sale made, the name of the nearest local or state manager if any and his address the kinds of goods tares or merchandise to be delivered, the place from which the same are to be shipped or delivered, the method of solicitation or taking orders, the location of any warehouse factory or plant within the State of California, and the method of delivery the name and address of the applicant, and any other facts bearing on the issues of exemption. All claims for such exemption shall be referred to the City Attorney of the City of Cypress for investi- gation and recommendation. C. Others All other applicants claiming to be entitled to exemption from the requirement of obtaining any special permit or supplemen- tal permit provided for under this Ordinance shall file a verified statement with the City Clerk of the City of Cypress disclosing the nature of the business and the basis upon which such exemption is claimed. All such claims shall be referred to the City Attorney of the City of Cypress for investigation and recommendation. Ordinance No. 283 SECTION 4. APPLICATIONS A. Applicants for a special permit required by this Ordinance shall file a written, signed and acknowledged application with the Director of Finance of the City of Cypress, setting forth the following: (1) The name and address of the applicant, (2) The name and address of the person or parties by or with whom the applicant is employed or assiciated, if any• (3) The place or area in which the business is to be conducted, (4) A complete description of the nature of such business (5) A brief description of the nature and amount of equipment to be used in such business (6) The name or names of the person or persons who in addition to the applicant will or may be responsible for the management or supervision of the business (7) Whether or not the applicant, or any of his employers or associates or any person or persons who may be responsible for the mangement or supervision of the business has or have been convicted of a crime, the nature of such offense, and the sentence received therefor (8) Such other reasonable information as to the nature of the business or the identity or character of the applicant his employers or associates or the person or persons who will be responsible for the mangement or supervisbn of the business as the Council may deem necessary (9) A statement that the applicant has complied with all land use regulations and other applicable municipal ordinances and regulations thereunder• provided however that compliance with the Business License Ordinance of the City may be delayed under the provision of Section 9 hereof SECTION 5. APPLICATION FEE. A fee of $25.00 is required for and shall accompany all applications for special permits required herein. SECTION 6. INVESTIGATION OF APPLICATION Upon receipt of the application and fee the Director of Finance after forwarding the application to the City Council, shall refer the matter to the Chief of Police, who shall investigate and report to the City Council all facts or evidence bearing upon the nature of the business the place where the business is to be conducted, and the character reputation and moral fitness of the applicant, his employers and associates and the person or persons who will be responsible for the management or supervision of the business SECTION 7. PUBLIC HEARING The City Council shall hold a public hearing prior to taking action upon an application for a special permit pursuant to this Ordinance. The City Clerk shall cause to be published a Notice of Public Hearing at least one time prior to such public hearing within fifteen (15) days following the filing of the application, and not less than ten (10) days prior to such public hearing in a newspaper of general circulation in the City In cases where the business is to be conducted upon or managed from a stationary place or places within the City the City Clerk shall give notice by mail to all property owners within three hundred (300) feet of the described place or places, as shown upon the last equalized assessment roll or as reported to him by written notice, mailed not less than five (5) days prior to such public hearing. The City Clerk shall also cause a suitable public notice to be posted at said site or sites not less than ten (10) days prior to such public hearing. Ordinance No 283 SECTION 8. CITY COUNCIL ACTION Within thirty (30) days of the filing of the application with the Director of Finance, but after having received the investigation report from the Chief of Police and having conducted the public hearing provided for herein, the City Council shall either A. Issue Special Permit Issue the special permit if the City Council finds that the operation of the business will comport with the peace, health, safety convenience, good morals and general welfare of the public, and, to insure that said business will comport with the aforesaid standards the City Council may impose such terms conditions and restrictions upon the operation and conduct of such business not in Conflict with any paramount law as it may deem necessary or B. Deny Special Permit Deny the special permit, if the City Council finds that the operation of the business will not comport with the peace, health, safety convenience, good morals and general welfare of the public, or that the applicant his employers or associates or the person or persons who would be responsible for the management or supervision of the business is unfit to be trusted with the privileges granted by such special permit or has a bad moral character intemperate habits or a bad reputation for truth, honesty or integrity SECTION 9. CONTENTS OF SPECIAL PERMIT Upon the decision by the City Council that a special permit should be granted to the applicant pursuant to this Ordinance, the Director of Finance, after the applicant has complied with the Business License Ordinance and amendments thereto shall issue to said applicant a special permit which shall contain. A. The name of the person or persons to whom the special permit is issued, R The nature of the busines for which the special permit has been issued, C. The place or places where such business is to be conducted upon or the area in which such business may be operated, D. The date of the expiration of such special permit, E A complete statement of the terms and conditions or restrictions imposed by the City Council upon the operation and conduct of such business as it deemed necessary to insure th=_peace health, safety convenience good morals and general welfare of the public. SECTION 10. DURATION OF SPECIAL PERMIT. Special Permits issued pursuant to this Ordinance shall unless other- wise provided by the City Council be slid for one (1) calendar year after the date of issuance. SECTION 11. DISPLAY OF SPECIAL PERMIT The special or supplemental permit, or copies thereof verified by the Director of Finance, shall be posted in a conspicuous place on the site or sites in the City where the business for which such permit was issued is conducted or managed or in any motor vehicle or vehicles from or in which such business is conducted or managed. Solicitors peddlers itinerant vendors and others who are mobile but do not conduct their business from motor vehicles who are within the scope of this Ordinance shall carry the special permit or a copy thereof verified by the Director of Finance, on their persons and shall display said special or supplemental permit when- ever required by a representative of the City of Cypress or the public Ordinance No 283 SECTION 12. NON -TRANSFERABILITY No special or supplemental permit issued under the provisions of this Ordinance shall be transferable except with the consent of the City Council which may require the desired transferee to file an original application in accordance with this Ordinance. SECTION 13. RENEWAL OF SPECIAL PERMIT Any special permit issued under this Ordinance which has not been previously revoked, may be renewed by filing a request for renewal and a fee of $5 00 with the Director of Finance at least fifteen (15) days prior to the date of expiration. The Director of Finance shall forward a copy of such request to the City Manager and to the Chief of Police for their recommendations which shall be returned to the Director of Finance within fifteen (15) days A. Reissuance by Director of Finance If in the jidgment of both the City Manager and the Chief of Police the condintued operation of the businessunder the terms and conditions of the existing special permit will comport with the peace, health, safety convenience, good morals, and general welfare of the public, and all land use regulations and otehr applicable municipal ordinances and regulations thereunder have been complied with, the Director of Finance shall reissue the special permit for an additional period of one (1) year B Reconsideration by City Council If the request for renvewal is filed later than fifteen (15) days prior to the date of expiration, or if either the City Manager or the Chief of Police report that in his judgment that continued operation of business under the terms and conditions of the existing special permit will nor comport with the peace health, safety convenience good morals and general welfare of the public, the Director of Finance shall forward the request for renewal together with the aforementioned reports to the City Council whereupon it shall be treated as if it were an original application underthe provisions of this Ordinance. SECTION 14. SUPPLEMENTAL PERMIT FOR SOLICITORS Whenever any person has obtained a special permit hereunder for the business of a solicitor and such person employs or otherwise contracts with another person to assist him in such business within the City and such special permit has not expired been revoked or temporarily suspended, the Director of Finance of the City shall issue a supplemental permit as follows A. Applicants for a supplemental permit required by this Ordinance shall file a written, signed and acknowledged application with the Director of Finance, of the City of Cypress containing the following: (1) Name and address of the applicant (2) Physical description of the applicant, (3) California driver's license number of the applicant, (4) Name and address of the person by or with whom the applicant is employed or associated in the business of solicitation, Description of the place or area in which the solicitation is to be conducted (5) (6) Copy of the special permit of the person by or with whom the applicant is employed or associated in the business of solicitation. B A fee of $5.80 is required for and shall accompany all application for supplemental permits required hereby C The Director of Finance shall forward a copy of such application to the City Manager and to the Chief of Police for their recommen- dation, which shall be returned to the Director of Finance within fifteen (15) days nrAin.nro Nn 9R'3 f3( D. If in the judgment of both the City Manager and the Chief of Police the conduct management or carrying on of the business of solicitation by the applicant under the terms and conditions of the existing special permit will comport with the peace safety health, convenience, good morals and general welfare of the public, the Director of Finance shall issue the supplemental permit, which shall be subject to the same terms and conditions as such special permit If the recommendation of the City Manager and the Chief of Police have not been received by the Director of Finance within such fifteen (15) days or if either the City Manager or the Chief of Police reports that in his judgment the conducting, managing or carrying on of the business of solicitation by the applicant under the terms and conditions of existing special permit will not comport with the peace, health, safety convenence, good morals and general welfare of the public, the Director of Finance shall forward the applicatbn for supplemental permit together with such reports of the City Manager and Chief of Police to the City Council, whereupon it shall be treated as if it were an original application for a special permit under the provisions of this Ordinance. SECTION 15. ENFORCEMENT OF PROVISIONS It shall be the duty of the Director of Finance his deputies or duly authorized assistants together with the assistance, as deemed necessary by either the Director of Finance or the City Council, of members of the police department under the direction of the Chief of Police, to enforce the provisions of this Ordinance. The Director of Finance, in the exercise of the duties imposed upon him hereunder and acting throughlis deputies or duly authorized assistants or members of the police department may examine or cause to be examined all places of business in the City to ascertain whether the provisions of this Ordinance together with the terms or conditions established upon issuance of the special or supplemental permit by the City Council have been and are being complied with. The Director of Finance, his deputies duly authorized assistants or members of the police department, shall have the power and authority to enter free of charge, and at any reasonable time any place of business or motor vehicle for which a special or supplemental permit is required under the provisions of this Ordinance and demand an exhibition of such permit In case of individuals subject to this Ordinance, but who are not conducting or operating businesses in or from a place of business or a motor vehicle the Director of Finance, his deputies or duly authorized assistants or a member of the police department shall have the power and authority to approach such an individual at any reasonable time and demand an exhibition of the special or supplemental permit or a verified copy thereof under which he is conducting business SECTION 16. PENALTIES A person who violates any provision of this Ordinance or of any condition or restriction of any special permit issued hereunder is guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than Five Hundred ($500) Dollars, or by imprisonment in the County Jail for a period of not more than six months or by both such fine and imprisonment Each day during any portion of which any violation of any provision of this Ordinance is committed, continued or permitted is a separate offense. SECTION 17. REVOCATION The City Council may at any time revoke or temporarily suspend such special or supplemental permits where the holder thereof or any person or persons responsible for the management or supervision of the business in question violates or permits any infraction of any law of the State or of any ordinance or regulation of the City including any condition or restric- tion imposed by the City Council upon issuance of this special permit or where the permittee obtained his permit by misrepresentation or where the City Council becomes satisfied for any reason that the conduct of the business under the existing conditions or restrictions imposed under the terms of this special or -supplemental permit does not or will not comport with the peace health, safety convenience good morals and general welfare of the public, provided, however that special permits shall not le revoked under the provisions of this Ordinance unless a public hearing, adequate notice of which is described hereinafter be given the permitee, provided, Ordinance No 283 further that any special or supplemental permit may be temporarily suspended by the city Council prior to notice of public hearing. Adequate notice of a public hearing at which the revocation of a special or supplemental permit is to be considered shall be deemed to be given if a registered letter addressed to the permittee at the address given in the application is deposited in the mail by the City Clerk at least fifteen (15) days before the hearing. At said public hearing the permittee shall be given the opportunity to submit written statements appear in person and present witnesses in his behalf SECTION 18. SEVERABILITY If any section, subsection, sentence clause, phrase or portion of this Ordinance is for any reason held 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 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 clauses phrases or portions be declared invalid or unconstitutional. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting heidion the 13th day of September 1965 MAYOR OF THE CITY( OF CYPRESS ATTEST CI -T11 CLE (" OF THE CITY OF CYPRESS STATE OF CALIFORNIA) SS COUNTY OF ORANGE ) I DARRELL ESSEX, City Clerk of the City of Cypress DO HEREBY CERTIFY that the foregoing Ordinance was adopted at a regular meeting of the said City Council held on the 13th day of September 1965 by the following vote AYES 3 NOES 0 ABSENT. 1 ABSTAINED• 1 COUNCILMEN COUNCILMEN COUNCILMEN COUNCILMEN Kanel McCarney and Noe None Wright Gorzeman CI CLERK OF THE CITY OF CYPRESS Ordinance No. 283