O1330
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CIty CouncIl Meeting 2-26-85
Santa Monica, CalifornIa
ORDINANCE NUMBER 1330(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SECTIONS
6120 AND 6123 OF THE SANTA MONICA
MUNICIPAL CODE REGARDING QUALIFICATIONS
FOR POLICE PERMITS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN
AS FOLLOWS:
SECTION 1. Section 6120 of the Santa Monlca Municipal
Code IS amended to read as follows:
SECTION 6120. Permits Required.
(a) Any
person
required to
obtaln a lIcense to engage In any
business, callIng or pursuit mentIoned
In
SectIons
6204A, 6204C, 6204D,
6204E, 6204F, 6204H, 6204J, 6204K,
6204M, 6204N, 6204P, 6204Q, 6204R,
6204T, 6204U, 6204W, 6207, 6208,
6208A, 6210, 6218, 6220, 6221, 6222,
6224, 6231, 6233, 6233A, 6233B, 6233C,
6233D,
6239,
6240(6),
6240(8),
6240(20)J 6240(23), 6241 or 6244 of
thIS Code shall fIrst obtaIn a permIt
to conduct such bUSIness from the
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ChIef of PolIce.
In order to obtaIn
such a permIt, a wrItten applIcatIon
shall be filed with said ChIef of
PolIce, WhICh applIcation shall
contain a statement of intention as to
the
location
and
extent of the
premises, If any, to be occupied, and
in addition such application for a
permit to engage in any of the
bUSinesses requiring a permit shall
contain the name of any person
financially Interested in the bUSIness
In any manner.
within a
reasonable
of Police,
tIme after
(b)
The ChIef
submission of such application, shall
conduct an investigation, in such
manner as he or she deems appropriate,
In order to ascertain whether such
permit should be Issued as requested.
The Chief shall issue such permIt as
requested, unless, as a result of said
Investigation, he or she finds by a
preponderance of the eVidence, any of
the follOWing:
(1) The conductIng of the
business or professIon In the location
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stated In the applicatlon wlll be in
vIolatIon of any laws or ordInances.
(2) That any applicant,
includIng but not Ilmited to the
appllcant's employees dIrectly engaged
In the subJect actIvIty, has, withIn
five (5) years of the date of
applicatIon, been convIcted of any
crime whIch is substantIally related
to the quallflcatlons, functIons, or
dutIes of the bUSIness or profession
for whIch applIcatIon IS made. A
convIction wIthIn the meanIng of this
actIon means a plea or verdIt of
gUIlty or a convIction following a
plea of nolo contendere.
(3) That any such person
has, wIthIn flve (5) years of the date
of application, committed an act
WhIChl If done by a lIcensee or
permittee under thlS Chapter, would be
grounds for suspenslon or revocation
of a lIcense or permlt.
(4) That any such person
has, wIthIn flve (5) years of the date
of applIcatIon, commItted an act
Involving dIshonestYI fraud, or deceIt
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wIth
the
Intent to substantially
benefIt
hImself
or
another
or
substantially to InJure another 1 or an
act of violence, which act or acts are
substantIally related to the
qualifications,
functIons,
or duties
of the bUSIness or profeSSIon for
which applicatIon IS made.
(5) That
the applicant
has knOWIngly and with
deceive made a false,
fraudulent statement
the Intent to
mIsleading or
of fact to the
Clty 10 the applIcation process.
(c) The Chief of Police may
develop
when
criteria to aid
considerIng the
hIm or her,
denial,
suspension or revocation of a lIcense
or permIt,
in determining whether a
crIme or act IS substantially related
to the qualifications, functions, or
dutIes of the bUSiness or profeSSIon
for which applIcatIon IS made. Such
crIterIa, If developed, shall contaIn
prOVISIons for granting the
application of any person conVicted of
a felony, prOVided the applIcant has
obtaIned a certifIcate of
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rehabIlItatIon
under
Penal
Code
SectIons 4852.01 et seq., or If
convlcted of a mIsdemeanor, that the
appllcant establIshes to the
satisfaction of the ChIef he or she 15
rehabIlItated
( d ) The
ChIef
shall
be
authOrIzed to condltlon the lssuance
of any permlt to insure complIance
wlth thls Chapter and other applicable
laws.
(e) When the Chief fInds from
the InvestIgatIon that any of the
facts speclfled above are present, he
or she shall declIne to Issue the
30 calendar
requested
days from
applIcation.
Chlef wlth
permIt wIthIn
the date of
the
permlt
Any
decIsion
of
the
respect to
the denIal or
condItIonal approval of any such
permIt shall be subJect to an appeal
by the aggrIeved applIcant, provided
that the appeal lS taken wIthIn the
time and In the manner set forth In
SectIons 6124 and 6126 of thIS Code.
(f) Upon approval of an
applIcatIon by the ChIef of Pollce, It
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shall
then
be
submitted
by
of
the
the
applIcant
wIth
the amount
lIcense fee requIred hereunder to the
Director of FInance who then shall
issue the license provided for in thIs
Code.
(g) Permits
Issued hereunder
shall be effective for the same period
as the license issued pursuant to such
permit. Upon the eXpiration of the
permIt, an applicatIon for renewal
thereof shall be filed in a like
manner as an applIcation for an
origInal permIt, and such renewal
permit shall be granted only when the
requIrements for the issuance of an
original
issued
permit are met.
PermIts
hereunder
shall
not
be
assignable.
SECTION 2. Section 6123 of the Santa Monica MunicIpal
Code IS amended to read as follows:
SECTION
6123.
Revocation of
PermIt.
(a) Any permIt issued by the
Chief of PolIce pursuant to thIS Code
may be suspended or revoked by the
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ChIef
of PolIce In the followIng
sItuatIons:
(1) When It shall appear
that the busIness of the person to
whom such permIt was Issued has been
conducted In a dIsorderly m~nner or In
vIolatIon of any applIcable law or
ordInance of thIS CIty or any
proviSIons of thIS Code.
(2) When subsequent to
Issuance of the permIt, the permIttee
has been conVIcted of a crIme that IS
substantIally
related
to
the
qualIfIcatIons, functIons, or duties
of the permItted actIvIty.
(3) When the purpose for
WhICh the permit has been Issued, is
beIng abused to the detrIment of the
public, or when the permIt is beIng
used for a purpose different from that
for which it was Issued.
(b) If the permIt of any person
shall be revoked, another permit shall
not be granted to such person wIthin
twelve months after the date of such
revocatIon. If the permIt
person has been suspended,
of any
another
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permIt shall not be granted to such
person durIng the prescrIbed perIod of
suspensIon.
(c) The
effect
of
the
suspenSIon or revocation of any permIt
by the Chief of Police shall be to
suspend or revoke any lIcense Issued
by the CIty to carryon such bUSIness
for the duratIon of suspension or
revocatIon.
SECTION 3. Any prOVISIon of the Santa MonIca Municipal
Code or appendices thereto Inconsistent with the prOVISions of
this ordinance, to the extent of such inconSIstenCies and no
further, are hereby repealed or modified to that extent
necessary to affect the prOVISIons of this ordinance.
SECTION 4. If any sectIon, subsection, sentence,
clause, or phrase of this ordinance IS for any reason held to
be Invalid or unconstitutIonal by a deCISion of any court of
any competent Jurisdiction, such deCIsion shall not affect the
validity of the remaInIng portions of the ordinance. The City
Council hereby declares that It would have passed this
ordinance and each and every section, subsection, sentence,
clause or phrase not declared InvalId or unconstitutIonal
WIthout regard to whether any portion of the ordInance would
be subsequently declared Invalid or unconstItutIonal.
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SECTION 5.
The Mayor shall sIgn and the City Clerk
shall attest to the passage of this ordInance. The City Clerk
shall cause the same to be pUblIshed once In the official
newspaper wIthIn 15 days after Its adoptIon. The ordinance
shall become effective after 30 days from Its adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS
CIty Attorney
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Adopted and approved thIS 26th day of February, 1985.
f4~yt7~
I hereby cert 1 fy that the forego ing Ordinance No. 1330 (CCS)
was duly and regularly Introduced at a meetIng of the City
Council on the 19th day of February 1985; that the saId OrdInance
was thereafter duly adopted at a meeting of the City Council on
the 26th day of February 1985 by the following Council vote:
Ayes: Councilmembers: Conn, Epstein, JennIngs, Katz,
Zane and Mayor Reed
Noes: Councllmembers: None
Abstain: Councilmembers: None
Absent: Councllmembers: Edwards
ATTEST:
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CIty Clerk