SR-701-005 (2)
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fEB 2 6 1985
CA : RMM . J w6 1 2 0 a
CIty CouncIl MeetIng 2-26-85
Santa MonIca, CalIfornIa
STAFF REPORT
TO:
Mayor and CIty CouncIl
FROM:
CIty Attorney
SUBJECT:
OrdInance AmendIng MunICIpal Code SectIons 6120
and 6123 RegardIng QualIfIcatIons for PolIce
PermIts
At
Its meetIng on February 19,
1985, the CIty CouncIl
Introduced for fIrst readIng an ordInance amendIng MunICIpal
Code SectIons 6120 and 6123 to brIng the SectIons Into
conformity WIth constItutIonal requIrements
The ordInance IS
now presented to the CIty CouncIl for adoptIon
RECOMMENDATION
It IS respectfully recommended that the accompanYIng
ordInance be adopted
PREPI\RED BY:
Robet-t M
Jeffrey W
Myers, CIty Attorney
Holtzman, Deputy CIty Attorney
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CA.RMM:Jw6120a
CIty Counc1l MeetIng 2-26-B5
Santa MonIca, Callforn1a
ORDINANCE NUMBER 1330(CCS)
(CIty Council Ser1es)
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
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THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN
AS FOLLOWS:
SECTION 1. SectIon 6120 of the Santa MonIca MunicIpal
Code IS amended to read as follows:
SECTION 6120. PermIts Requ1red
(a) Any
person
requIred to
obta1n a llcense to engage 1n any
bUSlness, call1ng or purSUIt mentIoned
In
Sect10ns
6204A, 6204C, 6204D,
6204E, 6204F, 6204H, 6204J, 6204K,
6204M, 6204N, 6204P, 6204Q, 6204R,
6204T, 6204U, 6204Wr 6207, 6208,
6208A, 6210, 6218, 6220, 6221, 6222,
6224, 6231, 6233, 6233A, 6233B, 6233C,
6233D,
6239,
6240(6),
6240(8),
6240(20), 6240(23), 6241 or 6244 of
th1S Code shall fIrst obtaIn a permIt
to conduct such buslness from the
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ChIef of PolIce.
In order to obtaIn
such a permIt,
shall be flIed
a wrItten applIcatIon
WIth saId ChIef of
applIcatIon shall
POlIce,
WhICh
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.
(b) The
ChIef
of
Police,
WIthIn
a
reasonable
tIme
after
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:
(i) The conductIng of the
bUSIness or profeSSIon In the locatIon
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stated In the applIcatIon WIll be In
vIolatIon of any laws or ordInances.
(2) That any applIcant,
IncludIng but not lImIted to the
applIcant's employees dIrectly engaged
In the sUbJect actIvIty, has, wIthIn
fIve (5) years of the date of
applIcatIon,
crime WhICh
been convIcted of any
IS substantIally related
to the qualIfIcatIons,
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 fIve (5) years of the date
of applIcatIon, commItted an act
whIch, If done by a lIcensee or
permIttee under thIS Chapter, would be
grounds for suspensIon or revocatIon
of a lIcense or permIt.
(4) That any such person
has, WIthIn fIve (5) years of the date
of applIcatIon, commItted an act
involVIng dIshonesty, fraud, or deceIt
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wIth
the
Intent to substantIally
benefIt
hImself
oc
another
or
substantlally to InJure another, or an
act of vIolence, WhICh act or acts are
substantIally
qualIfIcations,
related
to
the
functIons, or dutIes
of the busIness or profeSSIon for
WhICh applicatIon IS made.
(5) That the' applIcant
has knowIngly and wIth the Intent to
deceIve made a false, mIsleadIng or
fraudulent statement of fact to the
CIty In the applIcatIon process
(c) The ChIef of PolIce may
develop crIterIa to aId hIm or her,
when
conSIderIng
the
denIal,
suspenSIon or revocatIon of a lIcense
or permIt,
In determInIng whether a
crIme or act IS substantIally related
to the qualIfIcatIons, functIons, Of
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
obtaIned a
the applIcant has
certIfIcate of
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rehabIlItatIon
under
Penal
Code
SectIons 4852.01 et seq., or If
convicted of a misdemeanor, that the
applIcant establishes to the
satlsfactIon of the ChIef he or she IS
rehabIlItated
(d)
The
ChIef
shall
be
authorIzed to condition the Issuance
of any permIt to Insure complIance
wIth thIS Chapter and other applIcable
laws.
(e) When the ChIef fInds from
the Investigation that any of the
facts speCIfIed above are present, he
or she shall declIne to Issue the
30 calendar
requested permIt WIthIn
days from the date of
applIcatIon.
Chief With respect to
the
permit
of the
Any
deCISIon
the denIal or
condItIonal approval of any such
permIt shall be SUbJect to an appeal
by the aggrIeved applIcant, prOVIded
that the appeal IS 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 PolIce, It
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shall
then
be
submItted by the
appllcant
wlth the amount of the
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 flIed In a lIke
manner as an applIcatIon for an
orIgInal per~lt, 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
PermIt.
(a) Any permIt Issued by the
ChIef of PolIce pursuant to thIS Code
may be suspended or revoked by the
6123.
RevocatIon of
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Ch1ef
of PolIce 1n the followIng
sItuatIons:
(1) When 1t shall appear
that the bUSIness of the person to
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whom such permit was Issued has been
conducted In a dIsorderly manner or In
v1olatlon of any applIcable law or
ord1nance
of
thIS
CIty
or any
proVlS1ons of th1s Code.
(2 J When
subsequent to
Issuance of the permIt, the permIttee
has been conv1cted of a crIme that IS
substantIally
related
to
the
quallf1cat1ons,
functions,
or dut1es
of the per~Itted act1vlty.
(3) When the purpose for
WhICh the permIt has been Issued, 1S
beIng abused to the detrIment of the
publIC, or when the permIt 1S be1ng
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 of any
person has been suspended,
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 lnconsIstencIes and no
further,
are hereby repealed or modIfIed to that extent
necessary to affect the prOVISIons of thIS ordInance.
SECTION 4. If any sectlon, 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.
f!Lc~yJ~
I hereby certlfy that the foregolng Ordinance No. 1330 (CCS)
was duly and regularly lntroduced at a meetlng of the City
Councll on the 19th day of February 1985; that the said Ordlnance
was thereafter duly adopted at a meet~ng of the City Council on
the 26th day of February 1985 by the following Cauncll vote:
Ayes: Caunc:Llmembers: Conn, Epsteln, J ennH~gs, Katz,
Zane and Mayor Reed
Noes: Councllmembers: None
Abstair.:: Councilmembers: None
Absent: Councllmembers: Edwards
ATTEST:
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Clt.y Cierk