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Ordinance No. 236-4 1 ORDINANCE NO. 236 AN ORDINANCE OF THE CITY COUNCIL 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: SECTION 1. Definitions. A Any time 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, incorporated herein as fully as if set forth at length herein B. For the purpose of this Ordinance, the term "pawn broker" includes 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 assigneer 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 SECTION 2 Special Permits Required A No individual, firm, co -partnership, joint venture, association, corporation, estate or trust, shall operate, conduct, or manage any business falling within the categories enumerated in the following Subsection B without a special permit as hereinafter provided. B The businesses for which a special permit is required hereunder are as follows: (1) Circus, carnival, tent show, or open-air show; (2) Public dance hall' (3) Itinerant vendor; (4) Junk dealer; (5) Junk yard, (6) Pawn broker; (7) Peddler; (8) Private partol; (9) Second-hand store or dealer; (10) Solicitor; (11) 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 SECTION 3. Exemptions A Out-of-state solicitors Any applicant claiming to be entitled to an exemption from the requirement of obtaining any special permit provided for under this Ordinance upon the ground that such permit casts 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 Unites 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, wares 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, 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 investigation and recommendation Ordinance No. 236 B Others All other applicants claiming to be entitled to exemption from the requirement of obtaining any special 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 an exemption is claimed All such claims shall likewise be referred to the City Attorney of the City of Cypress for investigation and recommendation 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 for 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 associated, 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 management 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 resonable 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 management or supervision of the businesq, 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 provisions of Section 9 hereinafter SECTION 5 Application Fee A fee of $10.00 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 or associates, and the person or persons who will he responsible for the management or supervision of the business SECTION 7 Public Hearing. The City Council shall require 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 two times prior to such public hearing at an interval of not less than five (5) days but within fifteen (15) days following the filing of the application and with the last publication not less than four (4) 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, mailed 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. Such public notice shall conform to the rules and regulations of the City Council and shall be heard Any interested person may file written statements for or against the application, or may Topear in person at such hearing The City Council shall give consideration to all such expressions in reaching a decision on such application Ordinance No. 236 486 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 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 to 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 peach, 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 in unfit to be trusted with the privileges granted by such special permit, or has a bad moral character, intemperate habits or a had reputation for truth, honesty, or integrity. SECTION 9 Contents of Special Permit. Upon the decision by the City Council that a special permit should he 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; B. The nature of the business 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 he 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 the 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 otherwise provided by the City Council, be valid for one (1) calendar year after the date of issuance. SECTION 11 Display of Special Permit. The special 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 permit whenever requested by a representative of the City of Cypress or the public SECTION 12. Non -transferability No special 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 Orditanae No. 236 487 A Reissuance by Director of Finance. If, in the judgment of both the City Manager and the Chief of Police the continued operation of the business under 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 other applicable municipal ordinances and regulations thereunder have been complied with, the Director of Finance shall reissure the special permit for an additional period of one (1) year. B. Reconsideration by City Council If the request for renewal 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 the continued operation of business under the terms and conditions of the existing special permit will not 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 under the provisions of this Ordinance. SECTION 14. Enforcement of Provisions. It shall be the duty of the Director of Finance, his deputies or duly authroized assistants, together with the assistance, as deemded necessary by either the Director of Finance or the City Council, of members of the police de- partment under the direction of the Chief of Police, to enfore the provisions of this Ordinance. The Director of Finance, in the exercise of the duties imposed upon him hereunder and acting through his 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, togehter with the terms or conditions established upon issuance of the special 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 permit is required under the provisions of this Ordinance and demand an exhibition of its special permit certificate. 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 permit, or a verified copy thereof, under whichle is conducting business SECTION 15 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 00) Dollars, or by imprisonment in the County Jail for a period of not more than six (6) 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 16. Revocation. The City Council may at any time revoke or temporarily suspend such special 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 of of any ordinance or regulation of the City, including any condition or restriction 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 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 be revoked under the provisions of this Ordinance unless a public hearing, adequate notice of which is described hereinafter, be given the permittee, provided further, however, that any special permit may betemporarily suspended by the City Council prior to notice of public hearing Adequate notice of a public hearingaat which the revocation of a special 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, spear in person and present witnesses in his behalf. Ordinance No 236 SECTION 17. 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 vaiidity 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 held on the 25th day of January, 1965 ATTEST: CIIICLERK 0 THE TY OF CYPRESS STATE OF CALIFORNIA) SS COUNTY OF ORANGE ) ' r-"e2---et1-4 MAYOR OF THE CITY OF CYPRESS 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 25th, day of January, 1965, by the following vote: AYES: 5 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe NOES. 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None CITY CLERK OF E CITY OF CYPRESS Ordinance No. 236