Section
22.00 Permits – Board of Police Commissioners. 22.01 Permit Requirements Limited to Original Permits.
22.02 Power to Revoke and Suspend Permits or Certificates – Procedure. 22.03 Board to Notify Permittee.
22.04.1 Failure to Pay Fee Due Under Article 1 of this Chapter.
22.05 Suspended or Revoked Permits – Permittee Not to Engage in Business. 22.06 Misstatement in Application – Grounds for Revocation.
22.11 Licenses – Veteran’s Exemptions.
22.11.1 Veterans’ Exemptions – Subterfuge Prohibited.
22.12 Refunds – Tax, License and Permit Fees in Excess of $5,000.
22.13 Refunds of Tax, License, Permit or Application Fees by Heads of Departments.
SEC. 22.00. PERMITS – BOARD OF POLICE COMMISSIONERS.
(a) Definition. For the purposes of this chapter, “Board” shall mean the Board of Police Commissioners unless otherwise specifically provided. (b) Applications. Notwithstanding any provision of this Code to the contrary, every person desiring to conduct, manage, carry on or engage in any business for which a permit is required from the Board under this Code, shall file the application for such permit with the Director of Finance upon forms provided. Applications for change of location, change of ownership, additional locations, or for special officer commission shall be filed with the Director of Finance. Upon receipt of the application for a permit or applications for change of location, change of ownership, additional locations or for special police officer commissions, the Director of Finance shall send such applications to the Board. (Amended by Ord. No. 137,438, Eff. 11/7/68.)
(c) Permit Fees. Notwithstanding any provision of this Code to the contrary, all fees for permits from the Board, annual police permit fees, change of location fees, change of ownership fees and special fees for additional locations shall be collected by the Director of Finance. Upon receipt of said fees provided by this Code, the Director of Finance shall deposit such fees with the City Treasurer. (Amended by Ord. No. 137,438, Eff. 11/7/68.)
SEC. 22.01. PERMIT REQUIREMENTS LIMITED TO ORIGINAL PERMITS.
All provisions of this Code and of any other ordinance of this city which provide that no person shall conduct, carry on, or engage in any business, profession, trade or occupation or do or allow to be done any act, without first obtaining a permit from the Board so to do, shall be deemed to apply only to those cases wherein original permits are sought. In cases involving revocation or suspension proceedings before the Board, the permittee may, upon paying the annual police permit fee, continue the activity authorized by their permits pending action of the Board upon such proceedings. (Amended by Ord. No. 137,438, Eff. 11/7/68.)
SEC. 22.02. POWER TO REVOKE AND SUSPEND PERMITS OR CERTIFICATES – PROCEDURE.
Any permit or certificate granted pursuant to the provisions of this Code to any person to conduct, carry on or engage In any business, profession, trade or occupation by any Board, Commission or other person having authority to do so, unless provision is otherwise specifically made, shall not be revoked or suspended except as provided in this section.
No such permit or certificate shall be revoked or suspended until a hearing upon written notice to the permittee or certificate holder shall have been had by the Board, Commission or other person having authority to do so. Written notice of such hearing shall be served upon the permittee or certificate holder in the manner provided for the giving of notice in Section 11.00 of this Code.
Such notice shall state:
(a) The grounds for complaint or reasons for the revocation or suspension in clear and concise language. (b) The time when and the place where such hearing is to be held.
If a verified complaint is required to be filed with the Board, Commission or other person having authority to revoke or suspend such permit or certificate, or if any Board or Commission shall have power to initiate its own complaint, then a true and correct copy of such complaint shall be served on the permittee or certificate holder in lieu of stating the grounds of complaint. However, notice of the time when and the place where such hearing is to be held shall be served with such complaint.
Such notice or copy of complaint shall be served or given to the permittee or certificate holder at least five (5) and not more than ten (10) days prior to the date set for said hearing.
At any such hearing the permittee or certificate holder shall be given an opportunity to be heard and defend himself, and he may call witnesses in his behalf. The Board, Commission or other person conducting such hearings may continue such hearings from time to time upon good cause being shown therefor. After conducting such hearing the Board, Commission or other person having authority may suspend or revoke any such permit or certificate upon such terms and conditions as, in the exercise of a reasonable and sound discretion, it shall determine.
Revocation of permit granted by it by a municipal board is a proper exercise of police power. Vaughn v. Board of Police Commissioners, 59 Cal. App. 2d 771, 775.
SEC. 22.03. BOARD TO NOTIFY PERMITTEE.
The Board, Commission or other person having authority to revoke or suspend such permits or certificates shall, orally or in the manner provided in Section 11.00 for giving notice, notify permittee or certificate holder of any finding, suspension or revocation made by it or any conditions attached thereto.
SEC. 22.04.1. FAILURE TO PAY FEE DUE UNDER ARTICLE 1 OF THIS CHAPTER.
Whenever under any provision of this Code a regulatory permit is required for the conduct of any business or occupation upon which a business tax is imposed by Article 1 of this chapter, or upon which a parking occupancy tax is imposed by Article 1.15 of this chapter, the failure to pay that business tax or parking occupancy tax will be grounds for the suspension or revocation of the permit, but the procedure outlined in Section 22.02 shall be followed. (Amended by Ord. No. 180,488, Eff. 3/7/09.)
SEC. 22.05. SUSPENDED OR REVOKED PERMITS – PERMITTEE NOT TO ENGAGE IN BUSINESS.
No person whose permit or certificate has been revoked or suspended pursuant to Section 22.02, or pursuant to any other provision of this Code, shall engage in or carry on any business or do any act permitted to be done pursuant to such permit or certificate during the period of suspension or after revocation thereof, until a new permit or certificate shall have been granted.
SEC. 22.06. MISSTATEMENT IN APPLICATION – GROUNDS FOR REVOCATION.
No person shall make any false, misleading or fraudulent statement or misrepresent any fact in any application for a permit or in any notice or record required to be filed with any Board, Commission or other authorized person of this City. In addition to any other penalties provided in this Code, such conduct shall be grounds for suspending or revoking any permit issued to such person.
SEC. 22.11. LICENSES – VETERAN’S EXEMPTIONS. (Amended by Ord. No. 173, 587, Eff. 12/7/00.)
(a) (Amended by Ord. No. 127,508, Eff. 6/29/64.) Every honorably discharged soldier, sailor or marine of the United States who is unable to obtain his livelihood by manual labor shall have the right to hawk, peddle and vend any goods, wares or merchandise, except spirituous, malt, vinous, mixed or other intoxicating liquors, without payment of any license or fees required by this code or ordinance of this city providing for the payment of such license fee. A certificate of disability by a surgeon of the United States Army or Navy, or by the police surgeon of this city, or any physician regularly employed in the receiving hospital of this city, shall be sufficient proof of such disability. A certificate of honorable discharge from the United States Army or Navy, or an exemplified copy thereof, shall be sufficient proof of such service and honorable discharge, and upon presentation of the same it shall be the duty of the Office of Finance to issue a license without cost to such a soldier, sailor or marine.
The fact that Section 22.11 exempts a person from having to pay for a license does not excuse one from obtaining a license. People v. Fitzgerald, CR A 1942.
(b) Each and every license issued under the provisions of this section shall not be transferable and shall be for the exclusive use of the person whose name is inserted therein. Such person shall be required to write his name on the margin of such license and on the stub retained by the Office of Finance at the time such license is issued. Such person shall be required to furnish to the Office of Finance at the time of application for such license, two copies of a photograph of himself. It shall be and hereby is made the duty of the Office of Finance to satisfy himself by proper examination and investigation that the same photograph is a true likeness of the person who makes the application and whose name appears in the discharge and in the physician’s certificate. One copy of said photograph shall be attached to the license and the other shall be attached to the stub written by the Office of Finance. The photograph shall at all times be kept attached to the license, and any license found without such photograph attached thereto shall be taken up and be forfeited and the person to whom said license is issued, and the holder thereof, shall forthwith surrender all rights thereunder and shall not again be entitled to any license.
Such person shall identify himself by his signature whenever required so to do by any police officer, license inspector, license collector or other officer of the City. Should any such license be found in the possession of any person other than the person named therein it shall be taken up, surrendered to the Office of Finance and cancelled, and the holder thereof shall not again be entitled to a license under this section.
Whenever the holder of any license uses any wagon, cart, tray, basket or other vehicle or receptacle in vending any goods, wares or merchandise such license shall be inserted, held and carried in a license holder to be furnished by the Office of Finance, and in the manner prescribed by law.
license, as herein provided, a new license shall be issued under the provisions of this section. Not more than one license shall be issued to any discharged soldier, sailor or marine during any one calendar year from the date of the original license.
(c) No person, except the person named in such license, shall use or have in his possession any license issued under the provisions of this section. (d) No person shall sell, purchase or transfer any license issued under the provisions of this section or transfer or convey the discharge or certificate mentioned herein to any other person for the purpose of securing the license herein provided for.
SEC. 22.11.1. VETERANS’ EXEMPTIONS – SUBTERFUGE PROHIBITED.
(a) Purpose of Section. A veteran’s license to hawk, peddle and vend goods, wares and merchandise issued pursuant to Section 22.11 shall not be deemed to authorize the license to solicit charitable contributions by subterfuge or without the permission of the Board of Police Commissioners, as required by Article 4 of Chapter 4 of this Code. (Amended by Ord. No. 173,283, Eff. 6/26/00, Oper. 7/1/00.)
(b) Free License – Summary Revocation. Any police officer or other person charged with the duty of enforcing the license provisions of this Code shall summarily take away the free license of any person holding such a license who is observed to violate any provision of Article 2 Chapter 4 of this Code, relating to “Soliciting-Begging.” Any license so taken up shall be delivered to the Director of Finance who shall mark it “cancelled.” No subsequent free license shall be issued to the same licensee.
SEC. 22.12. REFUNDS – TAX, LICENSE AND PERMIT FEES IN EXCESS OF $5,000. (Amended by Ord. No. 173, 587, Eff. 12/7/00.)
(a) (Amended by Ord. No. 170,745, Eff. 12/3/95.) Whenever any money is excess of $29,457.00, including any tax administered by the City, license or permit fee, or fee for the renewal or transfer thereof, is collected or received by this City, it may be refunded as herein provided, and not otherwise, if a verified claim in writing therefor is filed with the City Clerk within 12 months after the date of payment. The claim shall be audited in the manner provided for in the Charter and shall be made on forms prescribed by the Controller. Such refund may be made only under the following conditions:
1. In any of the conditions specified under Subsection (a) of Section 22.13 of this Code;
2. Where the money paid was not required by law, or, was erroneously or illegally collected or received by this City through mistake, inadvertence or error of law or of fact, and whether paid or charged under color of any provision of this Code, or otherwise.
(b) This section is remedial in purpose; its terms and requirements shall not be deemed to limit or qualify the lawful right of any person to bring or maintain any action or proceeding based upon the general law of this state for any remedy provided by that law. (Added by Ord. No. 79,588, Eff. 5/21/38.) (c) The monetary limitations in Subsection (a) above shall be subject to an adjustment at the beginning of each fiscal year after 1995-96 based upon the Consumer Price Index for all urban consumers for the Los Angeles area published by the United States Department of Labor, Bureau of Labor Statistics. The Controller shall calculate the adjustment in accordance with the methodology used to calculate monetary limits for intra departmental fund transfers pursuant to Los Angeles City Charter Section 343(c) and shall notify department heads in writing of the adjusted monetary limit. (Amended by Ord. No. 173,304, Eff. 6/30/00, Oper. 7/1/00.)
SEC. 22.13. REFUNDS OF TAX, LICENSE, PERMIT OR APPLICATION FEES BY HEADS OF DEPARTMENTS. (Amended by Ord. No. 173, 587, Eff. 12/7/00.)
(a) The head of any department or office in which there is collected or received for and on behalf of the City any tax administered by the City, license fee, permit fee or application fee may, upon written application of the person who paid such tax or fee, filed with such department or office, refund all or part of such payment as herein provided, and not otherwise, without the necessity of first receiving the approval of the City Council therefor, if such refund does not exceed the sum of $29,457.00, and if the head of such department or office is satisfied, upon such proof as may be presented to or required by him or her, that any of the following conditions exist: (First Sentence Amended by Ord. No. 174,174, Eff. 9/21/01.)
1. Where a refund is specifically authorized by the provision of law requiring payment of the tax, license, permit or application fee. 2. Where the money is paid to secure a business tax registration certificate, license or permit not required by law.
3. Where the amount paid was in excess of the amount required by law. 4. Where the money paid was not required by law.
5. Where the applicant for any business tax registration certificate, license or permit has not, at any time after the commencement of the period or term during which the requested certificate, license or permit would have been effective, commenced or engaged in the business or occupation, or performed any act, for which the certificate, license or permit was required; or where a person has filed an application or appeal and subsequently has withdrawn said
application or appeal; provided, however, that the City has not made any physical inspection or examination of real property, held or conducted any hearing, performed any tests, or done any similar work, whether required or contemplated by law or not, as a result of the filing or issuance of any of the foregoing; and, provided further, that the certificate, license, or permit, if the same has in fact been issued, must be surrendered for cancellation and a written request for such cancellation must be filed with the department of the City issuing the same on or before the date of refund. In case of refunds made under this
condition, 20 percent of the amount paid shall be deducted and retained by the City to cover clerical and other overhead costs and expenses entailed in the transaction.
(b) The provisions of this section shall not relieve any person from compliance with the provisions of Section 350 of the Charter relating to the
presentation of claims prior to the bringing of a suit or action thereon, or be deemed to limit or qualify the lawful right of any person to bring or maintain any action or proceeding based upon the general law of this state for any remedy provided by that law. (Amended by Ord. No. 173,304, Eff. 6/30/00, Oper. 7/1/00.)
(c) The head of any department or office making any refund of taxes or fees hereunder is hereby authorized to cause a demand to be drawn on the general fund or such other fund in which such tax, license, permit or application fee may have been deposited. (Amended by Ord. No. 174,174, Eff. 9/21/01.)
(d) The head of any department or office, authorizing any refund of taxes or fees hereunder, shall cause a detailed report thereof to be made, showing the names and addresses of the persons receiving such refunds, the amounts thereof, the kinds of taxes or fees refunded, and the reasons why said refunds were made. Such report shall be transmitted to the Council and the Controller at such times as the Council may require, but not less frequently than annually. (Amended by Ord. No. 174,174, Eff. 9/21/01.)
(e) The monetary limitations in Subsection (a) above shall be subject to an adjustment at the beginning of each fiscal year after 1995-96 based upon the Consumer Price Index for all urban consumers for the Los Angeles area published by the United States Department of Labor, Bureau of Labor Statistics. The Controller shall calculate the adjustment in accordance with the methodology used to calculate monetary limits for intra departmental fund transfers pursuant to Los Angeles City Charter Section 343(c) and shall notify department heads in writing of the adjusted monetary limit. (Amended by Ord. No. 173,304, Eff. 6/30/00, Oper. 7/1/00.)