(a) The director or city council may condition any business permit if it finds that grounds for denial, modification, suspension or revocation of a business permit exist or that the manner in which the business has been conducted or operated is detrimental to the public health, safety and welfare in that:
(1) The permittee, the permittee’s agent, manager or employees has failed to maintain the premises in a neat and clean condition and have allowed the business premises to deteriorate and become blighted;
(2) The permittee, the permittee’s agent, manager or employees has allowed, or failed to prevent, the business premises to be used by its patrons as a magnet for criminal or otherwise unlawful activity;
(3) The permittee, the permittee’s agent, manager or employees has allowed or failed to discourage criminal or otherwise unlawful activity to occur on or immediately adjacent to the business premises;
(4) The permittee, the permittee’s agent, manager or employees has failed to provide adequate parking to serve the volume of patrons it generates, thus causing patrons to cruise on neighborhood streets, looking for parking, and causing other traffic related noise and disturbances; or
(5) The permittee, the permittee’s agent, manager or employees has failed to control the actions of the businesses’ patrons in and immediately adjacent to the business premises.
(b) Additional Conditions.
(1) Businesses Involving Constitutionally Protected Expressive Activities. The director or city council may impose conditions on the permit for any business activity involving first amendment activities if the director or city council finds that one or more of the conditions in Section 5.08.110(a) of this chapter exist.
(2) Businesses Which Do Not Involve Constitutionally Protected Expressive Activities. The director or city council may impose conditions on the permit as are reasonably necessary to protect the peace and tranquility of any residential area, mitigate traffic impacts, protect other uses in the area, and protect the public health, welfare and safety. Any person issued a permit pursuant to this chapter shall comply with all conditions that are imposed on the permit. Any violation of the conditions of approval is a misdemeanor and is subject to the penalties set forth in Section 1.08.040 of this code.
(c) Whenever the director or city council determines that unannounced inspections of the business premises are necessary to enforce the provisions of this chapter, it may impose as a condition of the permit that the applicant or permittee consent to entry of the applicant’s or permittee’s place of business at all reasonable times by any city officer or employee authorized to enforce the provisions of this chapter or this code. Upon presentation of proper credentials by any such officer or employee, the applicant or permittee shall comply with such inspection.
(d) Whenever the director or city council determines that noise from any establishment permitted under this chapter interferes with the right of persons dwelling in the vicinity of such establishment to the peaceful and quiet use and enjoyment of their property, or that the establishment permitted under this chapter is in violation of the noise ordinance of the city of La Puente, as set forth in Chapter 4.34 of this code, it may impose as a condition of the permit that the premises of the business activity be soundproofed to eliminate the noise or reduce it to a reasonable and lawful level. In imposing a condition under this section, the director or city council must balance all of the interests of the respective parties, as well as the hardship which will result from the condition. If the director or city council finds that the noise complained of is of a minimum or inconsequential degree, no action shall be taken under this paragraph.
(e) The director or the city council may change, modify or eliminate any conditions previously placed on a permit upon written request of the permittee if it finds that the reasons for the original imposition of such conditions have been cured or no longer exist. Applications to change conditions shall be noticed and set for public hearing in a manner consistent with Section 5.08.030(d) of this chapter, if the condition(s) was imposed after a duly noticed public hearing. The Los Angeles County sheriffs license detail shall be notified of any such applications.
(Ord. 786 § 2 (part), 1999)