(a) Businesses Involving Constitutionally Protected Expressive Activities. The city council may modify, suspend or revoke a business permit for any business activity involving first amendment activities if the city council finds that one or more of the following conditions exist:
(1) The building, structure, premises or equipment used to conduct the business activity fails to comply with any applicable health, zoning, fire, and building and safety laws of the state of California or the city;
(2) The permittee has knowingly made any false, misleading or fraudulent statement of material fact in the application for a business permit, or in any report or statement required to be filed with the director or the city;
(3) The permittee, permittee’s employees, agents or manager has violated any statute or any provision of the La Puente Municipal Code resulting from any act performed in the exercise of any rights permitted by the issuance of the permit which is being considered for modification, suspension or revocation;
(4) The permittee, permittee’s employees, agents or manager, has violated any provision of federal or state law or any provision of the La Puente Municipal Code or any other rule or regulation on the business premises or relating to the permitted activity;
(5) The permittee, permittee’s employees, agents or manager has published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the permitted business;
(6) The permittee has failed or refused to notify the director of any change in facts as required by this chapter within ten calendar days after such change;
(7) The permittee, permittee’s employees, agents or manager has violated any conditions or restrictions imposed on the permit; or
(8) The permittee, permittee’s employees, agents or manager has permitted, allowed or failed to prevent the use of the business as a base or magnet for unlawful or criminal activity, including, but not limited to, prostitution and drug trafficking.
(b) Businesses Which Do Not Involve Constitutionally Protected Expressive Activities. The city council may modify, suspend or revoke a business permit for any business activity not involving first amendment activities if the city council finds that one or more of the following conditions exist:
(1) The building, structure, premises or equipment used to conduct the business activity fails to comply with any applicable health, zoning, fire, and building and safety laws of the state of California or the city;
(2) The permittee has knowingly made any false, misleading or fraudulent statement of material fact in the application for a business permit, or in any report or statement required to be filed with the director or the city;
(3) The permittee, permittee’s employees, agents or manager has violated any statute or any provision of the La Puente Municipal Code resulting from any act performed in the exercise of any rights permitted by the issuance of the permit which is being considered for modification, suspension or revocation;
(4) The permittee, permittee’s employees, agents or manager, has violated any provision of federal or state law or any provision of the La Puente Municipal Code or any other rule or regulation on the business premises or relating to the permitted activity;
(5) The permittee, permittee’s employees, agents or manager has published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the permitted business;
(6) The permittee has failed or refused to notify the director of any change in facts as required by this chapter within ten calendar days after such change;
(7) The permittee, permittee’s employees, agents or manager has violated any conditions or restrictions imposed on the permit;
(8) The permittee, permittee’s employees, agents or manager has been found to have committed a crime of moral turpitude which bears a substantial relationship to the conduct of the business activity;
(9) The permittee, permittee’s employees, agents or manager has been held liable or convicted of any offense involving the maintenance of a nuisance resulting from any act performed in the exercise of any rights permitted by the issuance of the permit;
(10) The permittee, permittee’s employees, agents or manager has violated any rule or regulation adopted by the city or any other governmental agency relating to the permittee’s business; or
(11) The permittee, permittee’s employees, agents or manager has conducted the permitted business in a manner contrary to the peace, health, safety and the general welfare of the public, including, without limitation, by allowing or failing to prevent the use of the business as a base or magnet for unlawful or criminal activity.
(c) Automatic Suspension Upon Lapse of Insurance. Whenever an applicant for any business permit is required to procure, post or maintain in effect any bond, undertaking, deposit, surety or policy of insurance, any business permit so issued is good only while such bond, undertaking, deposit, surety or policy of insurance is in full force and effect. The permit shall automatically be suspended without notice if at any time such bond, undertaking, deposit, surety or policy of insurance is not in full force and effect. The director shall notify the permittee in writing of any suspension pursuant to this section. Within ten calendar days after the date of such notice, the permittee may request in writing a hearing before the city council. The city council shall hold a public hearing in a manner consistent with Section 5.08.030(d) of this chapter, and as indicated by the evidence received at the hearing, may modify or revoke the permit or terminate the suspension and restore the permit. If the permittee does not request a hearing, the permit is automatically revoked at the end of ten calendar days following the notification of suspension.
(Ord. 786 § 2 (part), 1999)