(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 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 the 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 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 shall not apply to businesses involved primarily in first amendment activities. Any person who holds a current and valid certificate issued pursuant to Chapter 10.5 of Division 2 of the Cal. Business and Professions Code (commencing with § 4600) (the “State Regulations of Massage Therapists”) and any business that employs or uses only persons who hold a current and valid certificate issued pursuant to the State Regulations for Massage Therapists as massage practitioners need not obtain the permit required pursuant to this division (B). Except for the foregoing, all other provisions not in conflict with the State Regulations for Massage Therapists shall remain in full force and effect and are applicable to the persons and businesses described in this division (B).
(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.
('83 Code, § 5.12.040) (Am. Ord. 1201, passed 4-16-03; Am. Ord. 1330, passed 1-20-10)