§ 9-276. Towing operator permit procedures—Denial of permit; grounds

(a) Any applicant for a permit pursuant to these provisions shall submit a completed ; business license application to the tax collector, as defined in title 9, article I, section 9-15 of this Code.

(b) The applicant shall submit a tow operator permit application to the police department. The chief of police shall have a reasonable time in which to investigate the application and the background of the applicant. Based upon such investigation, the chief of police shall issue a permit or deny same.

(c) The chief building official or his or her designee and the fire department, on request of the chief of police, shall inspect the premises proposed to be devoted to a public automobile storage facility within the city limits and shall make recommendations to the chief of police.

(d) The Costa Mesa Police Department shall inspect the tow units and towing equipment and make recommendations to the chief of police.

(e) The chief of police shall not issue a permit if, based upon his/her investigation, he/she finds any one or more of the following:

(1) Evidence shows that the permit applicant has deliberately falsified or not completed the application.

(2) The permit applicant fails to furnish the information and documents required by this article.

(3) The permit applicant has been convicted (including a plea of guilty or no contest) of a misdemeanor or felony crime involving registerable sexual offenses (pursuant to Penal Code Section 290) or moral turpitude.

(4) The permit applicant has been convicted (including a plea of guilty or no contest) of a felony involving sale or use of a controlled substance, within the last five (5) years.

(5) The applicant has been convicted (including a plea of guilty or no contest) to a misdemeanor or a felony crime involving theft or embezzlement within the last five (5) years.

(6) The permit applicant, through an act of omission or commission, engaged in any type of offense, misdemeanor, or felony, involving moral turpitude. Under such circumstances, the conduct of the applicant's employee, if such conduct resulted in a conviction or a plea of nolo contendere or guilty, will be considered imputed to the permit applicant for the purpose of permit denial.

(7) An inspection or investigation by the building official, police department or fire department reveals a deficiency, violation or course of conduct that endangers the peace, health, safety, and general welfare of the public.

(8) The operation as proposed by the applicant, if permitted, would not comply with all applicable laws including, but not limited to, this Code.

(9) The applicant is not eighteen (18) years old or older.

(10) The applicant (or the applicant's employees) has a record of excessive violations of the Vehicle Code which has resulted in the suspension or revocation of his/her driver's license or a driving under the influence, reckless driving, or wet reckless conviction within the last three (3) years.

(11) The applicant is unable to produce an insurance policy as described in section 9-284.7

(12) The tow units or towing equipment of the applicant failed the initial inspection by the Costa Mesa Police Department, and the applicant was unable to make the necessary repairs to pass a re-inspection.

(13) The applicant, or any person connected or associated with the applicant as partner, director, officer, stockholder, associate or manager has been refused a tow operation permit or had a permit suspended or revoked by another city, within a year of applying for a tow operation permit with the city.

(f) In the event the permit is denied by the chief of police, written notice of such denial shall be given to the applicant specifying the grounds for such denial. Notice of the denial of the permit shall be deemed to have been served upon personal service of the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his/her last known address. Within fifteen (15) business days from the date of denial, any person denied a permit pursuant to these provisions may request a hearing, as described in section 9-284.10

(Ord. No. 08-7, § 2, 8-19-08 )