Loading...
(Amended by Ord. No. 176,907, Eff. 9/25/05.)
The granting of a permit by the Board is not to be considered as approving or condoning any act, conduct or condition of the applicant/permittee committed or existing prior to the grant of the permit.
The granting of a permit by the Board does not:
(a) Relieve the applicant/permittee from obtaining all appropriate permits or approvals required by the City of Los Angeles, or state or federal law;
(b) Relieve an applicant/permittee from compliance with all applicable local, state, and federal laws, including those related to building, zoning, fire, and other public safety regulations;
(c) Vest any development rights in the property or business; or
(d) Relieve the permittee from complying with conditions imposed upon the operation of a business pursuant to a discretionary land use permit or a nuisance abatement proceeding. In case of a conflict, the more restrictive conditions shall control.
(Amended by Ord. No. 179,836, Eff. 6/7/08.)
If the Board determines that the application does not satisfy the requirements of this article, it shall deny the application. The Board may also deny a permit on any of the following grounds:
1. The applicant made a false or misleading statement of a material fact or omission of a material fact in the application;
2. The applicant is under eighteen years of age;
3. The applicant has committed or aided or abetted in the commission of any act or omission, which, if committed by a permittee, would be a ground for suspension, revocation, or other disciplinary action under this article;
4. The applicant has had a similar type of permit previously denied, suspended or revoked within five years immediately preceding the date of the filing of the application, and the applicant can show no material change in circumstances since the denial, suspension or revocation;
5. The business for which the permit is sought is prohibited by any local or state law, statute, rule or regulation, or prohibited in the particular location by the provisions of Chapter I of this Code;
6. The business for which the permit is sought has been or is a public nuisance;
7. The applicant has within five years immediately preceding the date of the filing of the application been convicted of a felony crime in any jurisdiction involving theft, fraud, violence, sale of a controlled substance as specified in Sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code, or any moral turpitude offense;
8. The applicant has within three years immediately preceding the date of the filing of the application been convicted of any offense listed in Section 103.31(a)(7) that has been made the subject of Section 17(b) of the California Penal Code;
9. The applicant has within five years immediately preceding the date of the filing of the application been found to have violated any law involving deceptive trade practices or other illegal business practices reasonably and narrowly related to the nature of conduct of the business for which the application is made; (Amended by Ord. No. 183,613, Eff. 7/19/15.)
10. The business for which the permit is sought has failed to comply with all City business tax and Parking Occupancy Tax laws; or (Amended by Ord. No. 183,613, Eff. 7/19/15.)
11. The applicant has within five years immediately preceding the date of filing of the application been found to have violated any law involving wages or labor as a violation of the California Labor Code or the Los Angeles Minimum Wage Ordinance, Los Angeles Municipal Code, Article 7, of Chapter XVIII or the Los Angeles Municipal Code, Article 8 of Chapter XVIII. (Added by Ord. No. 183,613, Eff. 7/19/15.)
1. The applicant has within five years immediately preceding the date of the filing of the application been convicted of any misdemeanor or felony classified by the state as a sex-related offense, or of any offense described in California Penal Code Sections 266h, 266i, 315, 318, 653.22, or 647(a) or (b);
2. The applicant has within five years immediately preceding the date of the filing of the application been convicted of any offense described in California Penal Code, Part One, Title 9, Chapters 7.5 and 7.6;
3. The applicant has within five years immediately preceding the date of the filing of the application been convicted of a charge of violating any lesser included or lessor related offense, including California Penal Code Section 415, in satisfaction of, or as a substitute for, an original charge of any of the offenses listed in this section;
4. The applicant has been convicted of any offense that requires registration as a sex offender under California Penal Code Section 290; or
5. The business for which the permit is sought has failed to comply with all City business tax and Parking Occupancy Tax laws.
(Added by Ord. No. 175,676, Eff. 1/11/04.)
If the Board denies an application pursuant to this article, then the Board action is final upon mailing of a copy of the Board action to the applicant. If the Board acts to deny an annual permit renewal application or to revoke or suspend a permit pursuant to this article the Board action is final ten days after mailing of a copy of the Board action to the owner.
(Amended by Ord. No. 177,412, Eff. 5/1/06.)
The Board shall notify the applicant of its intention to deny an application for a permit, stating the reasons for the denial. Service of such notice shall be made personally or by certified mail. The notice shall include or be accompanied by a statement that the applicant may request a hearing by filing a written request therefor within ten days after service upon the applicant of the notice of intention to deny, and that failure to do so will constitute a waiver of the applicant’s right to a hearing.
(Amended by Ord. No. 176,546, Eff. 5/2/05.)
Within ten days after service upon the applicant of a written notice of the intention of the Board to deny the applicant’s application for a permit, the applicant may file a request for a hearing with the Board. The request for a hearing shall be in writing and signed by or on behalf of the applicant and shall state the applicant’s mailing address. It need not be verified or follow any particular form. Failure to file such a request for a hearing shall constitute a waiver of the applicant’s right to a hearing. The Board, in its discretion, may nevertheless grant a hearing. No further notice other than notice of the date and place of hearing need be served on the applicant. Hearings granted under this section, except for permits subject to Sections 103.101.1, 103.102 and 103.109, shall be conducted substantially in compliance with the provisions of Article 2 of Chapter 2 of this Code. Hearings granted under this section for permits subject to Sections 103.101.1, 103.102 and 103.109 shall be conducted substantially in compliance with the provisions of Article 2, Chapter 10.
(Title and Section Amended by Ord. No. 176,546, Eff. 5/2/05.)
The Board may, upon its own motion or upon the verified complaint in writing of any person, investigate the actions of any permittee and may temporarily suspend for a period not exceeding one year, revoke the permit, or impose conditions upon the retention of a permit of any permittee who commits any one or more of the acts or omissions constituting grounds for suspension, revocation or disciplinary action under this article. The procedure for suspension, revocation, or disciplinary action shall comply with the provisions of Article 2, Chapter 10.
(Added by Ord. No. 175,676, Eff. 1/11/04.)
The Board shall, upon its own motion or upon the verified complaint in writing of any person, suspend or revoke an existing permit issued pursuant to Sections 103.101.1, 103.102, or 103.109, or impose conditions upon the retention of the permit as the Board shall find to be necessary to assure the preservation of the public health and safety, if the evidence presented establishes that:
1. The business has been operated in violation of any of the applicable requirements of this article;
2. Any of the applicable requirements for issuance of a permit ceases to be satisfied;
3. (Amended by Ord. No. 176,066, Eff. 8/8/04.) The permittee, the permittee’s employee, agent, partner, director, officer, or manager has been convicted by final judgment in a court of competent jurisdiction, which judgment has resulted from any trial or plea, including a plea of nolo contendere, of any of the following offenses occurring upon, or relating to the business premises:
(a) The presentation, exhibition or performance of an obscene production or play;
(b) The distribution of obscene material or material harmful to minors;
(c) Sexual abuse, rape, and any offense classified by the State as an offense involving sexual crimes against children;
(d) Prostitution or pandering;
(e) Penal Code Sections 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316, or 647, or the violation of any crime requiring registration under California Penal Code Section 290, or violation of any successor sections;
(f) A court has declared the business to be a public nuisance.
4. The permittee, the permittee’s employee, agent, partner, director, officer, or manager has knowingly allowed or permitted any act of sexual intercourse, sodomy, oral copulation or masturbation to be committed in or on the business premises, or has knowingly allowed or permitted prostitution, or solicitation of prostitution on the premises; or (Amended by Ord. No. 176,066, Eff. 8/8/04.)
5. The permittee, the permittee’s employee, agent, partner, director, officer, or manager has knowingly made any false, misleading, or fraudulent statements of material fact in the application for permit, or in any report or record required to be filed with the Board, or has violated any rule or regulation duly adopted by the Board relating to the business. (Amended by Ord. No. 176,066, Eff. 8/8/04.)
(Amended by Ord. No. 176,066, Eff. 8/8/04.)
A permittee or applicant may, pursuant to California Code of Civil Procedure Section 1094.8, seek judicial review of any Board decision to deny a permit application, to suspend or revoke a permit or deny an annual renewal of a permit. If the decision was based on a violation of Subdivisions 1, 2, 4 or 5 of Section 103.34.1, and an action is timely filed pursuant to Code of Civil Procedure Section 1094.8(d)(3), the Board’s final action is stayed for 75 days from the filing of court action.
Loading...