Oakland Municipal Code Ch. 5.02 Business Permits Generally

Whenever, by the provisions of this Chapter, a permit from the city is a prerequisite to the operation or maintenance of any business, establishment or place, or to the furtherance of any undertaking or the doing of any thing, unless otherwise specifically provided, such permit shall be procured in the manner, and be subject to the provisions, hereinafter in this Chapter set forth.

(Ord. No. 13421, § 4, 3-28-2017; prior code § 5-2.01)

Application for any permit referred to in Section 5.02.010 shall be filed with the City Administrator, or his or her designee, in triplicate, the original of which shall be duly acknowledged before some person lawfully authorized to administer oaths, and upon forms to be furnished by said City official, and shall set forth the following information:

A. A full identification of the applicant and all persons to be directly or indirectly interested in the permit if granted;

B. The residence and business address and the citizenship of the applicant, including all members of any firm or partnership, or all officers and directors of any corporation applying;

C. The location of the proposed business, establishment, place, thing, etc., for which the permit is requested, and the name of the owner and the present use of such premises;

D. The exact nature of the proposed business, establishment, place, thing, etc., for which the permit is requested, and the name under which it is to be operated;

E. The past experience of the applicant in the matter to which the requested permit appertains; and the name, address, and past experience in such business or matter of the person to be in charge of the premises or business;

F. Whether or not any permit has been revoked, and if so, the circumstances of such revocation;

G. Such further information as the City Administrator, or such official of the city to whom the application may be referred, may require.

(Ord. No. 13421, § 4, 3-28-2017; Ord. No. 13335, § 2(Exh. A), 10-20-2015; prior code § 5-2.02)

Immediately on the filing of any application for a permit as provided in Sections 5.02.010 and 5.02.020, the City Administrator, or his or her designee, shall place the acknowledged copy in the permanent records of his or her office, refer one copy to such official of the city the administrative functions of whom are those primarily concerned with the granting or denying of such permit, which latter official, hereinafter in this Chapter referred to as the "investigating official," shall make such investigation of the applicant and of the facts set forth in such application as he or she shall deem advisable, and shall make a written report of such investigations, together with his or her recommendations relative to disposal of the application, to the City Administrator, who shall proceed to act upon said application after a hearing set by the City Administrator, or his or her designee, for a day certain, not more than forty-five (45) days from the date of filing completed said application. At such hearing, all persons interested shall be entitled to file objections, protests or recommendations in the premises. Such hearing may, by the City Administrator, be continued over from time to time as circumstances may require; provided, however, that if hereinafter in this Chapter specifically provided, the investigating official may grant the permit applied for without referring the same to the City Administrator, and with or without a hearing thereon, as may be provided.

(Ord. No. 13421, § 4, 3-28-2017; Ord. No. 13335, § 2(Exh. A), 10-20-2015; Ord. 12856 § 4 (part), 2007; prior code § 5-2.03)

Whenever the Chief of Police is the investigating official pursuant to this Chapter, the applicant shall pay upon filing the application or an application for renewal, a fee to pay for the cost of such investigation.

(Ord. No. 13421, § 4, 3-28-2017; prior code § 5-2.031)

The City Administrator, or his or her designee, shall in every case of application for a permit notify the applicant of the time and place of such hearing to be held therein as in Section 5.02.030 provided, and such notice shall be given at least thirty (30) days before the date of such hearing.

In the event that a public notice of the hearing on any application for a permit may be hereinafter in this Chapter required, the City Administrator, or his or her designee, shall cause a notice to be published once in the official newspaper of the city at least thirty (30) days before said hearing date, and cause a copy thereof to be posted upon the premises to be primarily affected by the granting of such permit, and a copy on the bulletin board near the Council Chambers. Such notice shall set forth the fact that such application has been filed, the name of the applicant, the nature of the thing to be permitted, and the time and place of hearing upon such application.

For applications involving the ongoing use of property, notice of the hearing shall be given by posting a notice thereof on the property involved in the application. Notice of the hearing shall also be given by mail or delivery to all persons shown on the last available equalized assessment roll as owning real property in the city within three hundred (300) feet of the property involved and to all addresses within three hundred (300) feet of the property and to registered community groups. All such notices shall be given not less than seventeen (17) days prior to the date set for the hearing. The fee for the notification process, as established by the master fee schedule, shall be a separate charge in addition to the application fee.

(Ord. No. 13421, § 4, 3-28-2017; Ord. No. 12856 § 4 (part), 2007; prior code § 5-2.04)

The City Administrator, or the investigating official acting thereon, shall deny the granting of any permit applied for if it shall appear to his or her satisfaction that the applicant has not complied with the provisions of this Code which directly pertain to the maintenance or conduct of the business, establishment, place, or other thing in question or for the violation of any law appertaining thereto; or for any other reason hereinafter in this Chapter more specifically set forth.

In granting or denying such permit, and in specifying the conditions, if any, upon which it is granted, the City Administrator or other official acting thereon, shall consider all pertinent facts which may concern the health, safety, and general welfare of the public, and shall exercise a reasonable and sound discretion in the premises. The City Administrator, or other official acting thereon, in acting upon an application for a permit, shall notify the investigating official to whom such application was referred, of such action.

(Ord. No. 13421, § 4, 3-28-2017; Ord. No. 13335, § 2(Exh. A), 10-20-2015; prior code § 5-2.05)

No permit in this Chapter required shall be transferable, nor apply to any premises other than those originally specified as the location of the thing permitted, except upon written permission of the City Administrator, or other official originally granting such permit, granted upon written application by the transferor, made in the same manner as may be required in the instance of the original application for such permit.

(Ord. No. 13421, § 4, 3-28-2017; prior code § 5-2.06)

Any permit granted pursuant to the provisions of this Chapter may be revoked or suspended by the City Administrator as in his or her discretion may seem meet and just, for any reason for which a granting of such permit might be lawfully denied, or for any other reason hereinafter in this Chapter specifically provided. Such revocation or suspension shall be made only upon a hearing granted to the holder of the permit so revoked or suspended, held before the City Administrator after five (5) days' notice to such permit holder, stating generally the grounds of complaint against him or her and stating the time and place where such hearing will be held. In the event of such revocation or suspension, any certificate issued in connection with the granting of such permit shall, by the holder thereof, be forthwith surrendered to the City Administrator.

Such revocation or suspension of any permit shall be in addition to any other penalties more specifically provided in this Chapter.

(Ord. No. 13421, § 4, 3-28-2017; Ord. No. 13335, § 2(Exh. A), 10-20-2015; prior code § 5-2.07)

Any investigation, inquiry or hearing which the City Administrator has power to undertake or to hold may be undertaken or held by such member of the City Administrator's staff as he or she may designate and to whom the matter is assigned. The person to whom a matter is assigned shall be deemed a "Hearing Officer." In any matter so assigned the Hearing Officer conducting the investigation, inquiry or hearing shall report within thirty (30) days after the conclusion of the investigation, inquiry or hearing his or her findings and recommendations to the City Administrator.

Within sixty (60) days after the filing of the findings and recommendations of the Hearing Officer, the City Administrator shall confirm, adopt, modify or set aside the findings of the Hearing Officer and with or without notice enter his or her order, findings, decision or award based upon the record in the case.

In such hearings, investigations, and inquiries by the City Administrator or a Hearing Officer, he or she shall not be bound in the conduct thereof by the common law or statutory rules of evidence and procedure but inquiry shall be made in the manner, through oral testimony and records, which is best calculated to ascertain the substantial rights of the public parties and carry out justly the spirit and provisions of this Chapter.

No informality in any proceeding or the manner of taking testimony shall invalidate any other decision, award or rule made as specified in this Chapter. No order, decision, award or rule shall be invalidated because of the admission into the record and the use as any proof of any fact in dispute or any evidence not admissible under the common law or statutory rules of evidence and procedure.

(Ord. No. 13421, § 4, 3-28-2017; prior code § 5-2.071)

Any person excepting to any denial, suspension or revocation of a permit applied for or held by him or her pursuant to the provisions of this Chapter, or pursuant to the provisions of this code where the application for said permit is made to, or the issuance thereof is by the City Administrator, or any person excepting to the granting of, or to the refusal to suspend or revoke, a permit issued to another pursuant to the provisions of this Chapter, or issued to another by the City Administrator pursuant to the provisions of this Code, may appeal in writing to the City Council by filing with the City Administrator, or his or her designee, a written notice of such appeal setting forth the specific grounds thereof. Such notice must be filed within fourteen (14) days after notice of such action appealed from is posted in the United States mail. Upon receipt of such notice of appeal, the Council shall set the time for consideration thereof. The City Administrator, or his or her designee, shall cause notice thereof to be given (A) to the appellant and (B) to the adverse party or parties, or to the attorney, spokesman, or representative of such party or parties, not less than five (5) days prior to such hearing. At such hearing the appellant shall show cause on the grounds specified in the notice of appeal why the action excepted to should not be approved. Such hearing by the Council, and its findings on the appeal shall be final and conclusive in the matter.

(Ord. No. 13421, § 4, 3-28-2017; Ord. No. 13335, § 2(Exh. A), 10-20-2015; prior code § 5-2.08)

Any officer of the city charged with the enforcement or administration of any of the provisions of this Chapter shall be permitted to enter and inspect at any reasonable time, without charge or other restraint, any premises to which any permit granted under the provisions of this Chapter may pertain, or which are directly affected by such permit, for the purpose of ascertaining whether or not any of the provisions of this Chapter applicable thereto are being violated.

(Ord. No. 13421, § 4, 3-28-2017; prior code § 5-2.09)

Any permit required under the provisions of this Chapter shall be exhibited in a conspicuous place in that part, to which the public has access, of the premises to which such permit appertains.

(Ord. No. 13421, § 4, 3-28-2017; prior code § 5-2.10)

Prior to the filing of any application for a permit as in this Chapter provided for, the Planning Director, or his or her designee, shall examine the same for the purpose of ascertaining whether the business, establishment or place for which such permit is desired is proposed to be located within a zone in which the same is permitted pursuant to the provisions of this code and the ordinances and laws of the city. If such location is not within such approved zone, the City Administrator, or his or her designee, shall refuse to accept such application.

(Ord. No. 13421, § 4, 3-28-2017; prior code § 5-2.11)

Editor's note— Ord. No. 13421, § 4, adopted March 28, 2017, changed the title of section 5.02.130 from "City Clerk to examine applications as to zone" to "Planning Director, or his or her designee, to examine applications as to zone." The historical notation has been preserved for reference purposes.

Any official of the city taking any action upon any application for a permit or upon any permit to operate or maintain any business, establishment or place within the city as in this Chapter provided for, shall notify the City Administrator, or his or her designee, of such action, and shall, so far as possible, supply the City Administrator, or his or her designee, with copies of all communications, findings and records pertaining to such applications and permits, and the City Administrator, or his or her designee, shall place the same on file with the applications and permits to which they pertain.

(Ord. No. 13421, § 4, 3-28-2017; Ord. No. 13335, § 2(Exh. A), 10-20-2015; prior code § 5-2.12)

Editor's note— Ord. No. 13421, § 4, adopted March 28, 2017, changed the title of section 5.02.140 from "City Clerk to be notified of actions on permits" to "City Administrator, or his or her designee, to be notified of actions on permits." The historical notation has been preserved for reference purposes.

Any permit granted pursuant to the provisions of this Chapter but under which the thing herein permitted has not been done, carried on or maintained within six (6) months from the time of the issuance of such permit, shall expire by limitation and cease to be valid for any purpose. Provided, however, that the City Administrator, or his or her designee, may renew such permit upon written application being made prior to its expiration.

(Ord. No. 13421, § 4, 3-28-2017; Ord. No. 13335, § 2(Exh. A), 10-20-2015; prior code § 5-2.13)