HomeMy WebLinkAboutMC-1138
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Adopted: February 18, 2003
Effective: March 21, 2003
I ORDINANCE NO. MC-1l38
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
3 8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS.
4 THE MAYOR AND COMMON COUNCllOFTHE CITYOF SAN BERNARDINO DO
5 ORDAIN AS FOllOWS:
6 SECTION 1. Chapter 8.60 of the San Bernardino Municipal Code is hereby
7 amended in its entirety to read as follows:
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Sections:
8.60.010
8.60.015
8.60.020
8.60.030
8.60.040
8.60.050
8.60.060
8.60.070
8.60.080
8.60.090
8.60.100
8.60.110
8.60.120
8.60.130
8.60.140
8.60.150
8.60.160
CHAPTER 8.60
FIREWORKS
Location of Sales and Discharge of Fireworks.
Sale of Fireworks to Minors Prohibited; Identification Required.
License - Required.
License - Application - Public liability insurance.
License - Notice of granting or rejection.
License - Prerequisites to issuance.
Suspension of license - Appeal procedure.
Operation of temporary fireworks stand.
Requirements for Fireworks Supplier.
License tax.
Temporary sales tax permit required.
Display of license and sales tax permit.
Permissible locations for discharge.
Prohibitions on sale or discharge.
Reference to determination of safe and sane fireworks.
Violation - Penalty.
Financial Reporting.
22 8.60.010 Location of Sales and Discharge of Fireworks.
23 Safe and sane fireworks as defined by Section 12529 of the Health and Safety Code of the
24 state may be sold and discharged within the City subject to the requirements of this
Chapter, except that such sale or discharge shall not be allowed in the following
25 designated areas. Such areas are depicted on a map entitled "location of Sales and
26 Discharge of Fireworks" on file in the City Clerk's Office and incorporated herein by
reference, a reduced copy of which is attached to this Chapter. Such areas are designated
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MC-1l38
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS.
A That area within the City lying north of a line extending from the west City limits
at Highland Avenue to the east City limits and bounded on the south side by streets
and highways as follows:
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Commencing from the west City limits at the centerline of Highland Avenue thence
easterly to the intersection of Highland Avenue and the 210/30 Freeway; thence
easterly following the 210/30 Freeway to the interchange of Highway 330; thence
north-easterly following Highway 330 to the intersection of Highland Avenue, east
of Boulder; thence easterly from the intersection of Highland Ave, and Highway 330
along the centerline of Highland Avenue; thence continuing south-easterly along the
centerline of Highland Avenue and its south-easterly prolongation to the intersection
of the southerly prolongation of the most easterly border-line of the City of San
Bernardino, as depicted on the previously referenced map on file in the City Clerk,
a reduced copy of which is attached to this Chapter.
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B, That area within the City, whether contiguous or not, which lies north or northwest
of a line from the west City limits at Highland Avenue, in a westerly direction on
Highland Avenue to the 21 0 Freeway, and then west on the 21 0 Freeway to the 1-15
Freeway, That area within the City, whether contiguous or not, which lies north or
northeast of the intersection of the 1-15 Freeway and the 215 Freeway, as depicted
on the previously referenced map on file in the City Clerk's Office, a reduced copy
of which is attached to this Chapter.
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C, Inclusive of the area within the City limits beginning at the intersection of Highland
Avenue and Boulder Avenue; Highland Avenue west to Victoria Avenue; Victoria
Avenue south to Baseline Street; Baseline Street east to Boulder Avenue; Boulder
Avenue north to Highland Avenue, as depicted on the previously referenced map
on file in the City Clerk's office, a reduced copy of which is attached to this Chapter.
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D, Inclusive of the area beginning at the intersection of Pacific Street and Del Rosa
Avenue; Pacific Street west to Perris Hill Park Road; Perris Hill Park Road north to
an imaginary line extending north from Penis Hill Park Road to intersect Highland
Avenue; Highland Avenue east to Del Rosa Avenue; Del Rosa Avenue south to
Pacific Street, as depicted on the previously referenced map on file in the City
Clerk's office, a reduced copy of which is attached to this Chapter.
8.60.015 Sale of Fireworks to Minors Prohibited; Identification Required.
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The sale of fireworks to anyone under the age of 18 is prohibited, A valid form of
26 identification is required at time of purchase,
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS.
8.60.020 License - Required.
Except as provided in this Chapter, it is unlawful for any person, organization, group or
association, etc, to offer for sale or sell at retail any fireworks of any kind in the City without
having first applied for and received a license from the City Clerk.
8.60.030 License - Application - Public liability insurance.
All applications for a license to sell fireworks shall:
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A. Be made in writing and accompanied by the fee set forth in Section 8,60,090 in
addition to a non-refundable fireworks administrative fee of fifty dollars, The fee will
be used to defray the administrative costs of the fireworks program, Applications
shall be made between the first day and the last day of March of each year except
when the last day falls on a Saturday, Sunday or legal holiday, the following
business day shall be determined to be the last day;
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B, Set forth the proposed location of the fireworks stand applied for. The stands
must be on private property located in Commercial General (CG) or Commercial
Regional (CR) General Plan Land Use Districts and the written permission of the
owner of record or lessee must accompany the application;
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C. Be accompanied by an assurance that if the license is issued to applicant,
applicant shall, at the time of receipt of the license, deliver to the City Clerk's office
a minimum of one-million dollars public liability and property damage insurance
policies with riders attached to the policies designating the City as an additional
insured under this Chapter, and a copy of the requisite permit from the State Fire
Marshal.
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D, Include a copy of the applicant's 501 (c) (3),(4),(5),(6),(8),(10),(19),(20), or 501 (d)
verification of nonprofit status, or demonstrate that it is a non-profit organization,
group, association, etc" which is organized primarily for veteran, patriotic, welfare,
civic or social betterment (including public or private school clubs, groups,
organizations or such other public or private school affiliates), or charitable
purposes,
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E, All applicants shall be required to demonstrate how revenues received would
benefit the citizens of San Bernardino by submitting official board minutes detailing
the intent and authorization to sell fireworks. Such minutes shall detail what sites,
populations, or projects within the City will benefit and for what purposes;
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F, Have attached a completed financial statement form that describes anticipated
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS.
revenues, expenses, and profits, Such form will be provided by the City Clerk's
Office to each applicant. The information contained in this form shall furthermore
detail how much money will be provided to the projects mentioned pursuant to
subsection (E) above, No less than ninety percent of the net profits derived from the
sale of fireworks in the City by the applicant shall be utilized for the direct
advancement of the applicant's stated non-profit purposes within the City of San
Bernardino in accordance with subsection (E) above,
8.60.040 License - Notice of granting or rejection.
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Applicants for any such license shall be notified by the City Clerk's office by April 15th of the
granting or rejection of such application for a license, No license shall be issued if the
applicant fails to provide all the information or fails to meet all the criteria specified in
Section 8,60,030, or any other provision of this Chapter. The decision of the City Clerk
may be appealed to the Mayor and Common Council under the provisions of Chapter 2,64,
The decision of the Mayor and Common Council shall be final.
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8.60.050 License - Prerequisites to issuance.
The following qualifications must be met by each applicant for a license issued under this
Chapter:
A. No license shall be issued to any applicant except a nonprofit organization,
group, association, etc" organized and operating within the City limits of San
Bernardino in conformity with Section 8.60,030 (0), (E) & (F),
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B, Each such applicant must have its principal and permanent meeting place in the
corporate limits of the City and must have been organized and established in the
City's corporate limits for a minimum of one year continuously preceding the filing
of the application forthe license, and must have a bona fide membership of at least
twenty members,
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C, No applicant may receive more than one license or participate in more than one
fireworks stand during anyone calendar year. The maximum number of licenses
that may be issued during anyone calendar year shall be 35. All applicants shall
be reviewed for compliance with this Chapter. All qualified applicants who held a
license during 2002 whether as an individual or as part of a joint venture, shall have
priority for the available licenses in 2003, Priority will also be given in 2003 to any
joint venture which has at least one qualified applicant who held a license during
2002, Any remaining licenses in 2003, after deducting priority applicants, shall be
determined by lottery and shall be granted by a drawing supervised by the City
Clerk,
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MC-1l38
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS.
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0, One license may be issued to two or more qualified applicants as a joint venture
provided that the application forthe joint venture is submitted prior to the application
deadline, Each qualified applicant in a joint venture which is granted a license is
deemed to be a co-licensee and shall have the same benefits, duties and liabilities
under the license,
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E. After 2003, all qualified applicants who held a license the immediate previous
year, whether as an individual or as part of a joint venture, shall have priority for the
available licenses for the immediate next year. After 2003, priority will also be given
to any joint venture which has at least one qualified applicant who held a license
during the previous year, However, after 2003, if the total number of qualified
applicants who were licensees or co-licensees from said previous year exceeds 35
licenses because the membership(s) of joint venture(s) has changed or the joint
venture ceases to exist, then those qualified applicants which were part of such joint
venture(s) shall lose their priority and shall be placed in a lottery drawing for any
remaining available licenses after all other qualified applicants from the immediate
previous year are granted licenses, After 2003, if the total number of qualified
applicants who were licensees or co-licensees from the immediate previous year
does not exceed 35 licenses, then any remaining licenses shall be determined by
lottery and shall be granted by a drawing supervised by the City Clerk. Any prior
licensee, the license of which has been suspended under the provisions of Section
8,60.060, shall be eligible for a new license only upon satisfying the Fire Chief that
suitable arrangel"1ents have been made to preclude future violations,
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8.60.060 Suspension of license - Appeal procedure.
A. The Fire Chief or his/her designee shall be authorized to suspend immediately
and without notice or formal hearing the license of any licensee which violates any
rule, regulation or ordinance while operating or preparing to operate a fireworks
stand during or immediately preceding any period of sale, If the Fire Chief or his/her
designee establishes that a violation has occurred too late to suspend the license
during the period of sale, he/she shall have power to suspend the licensee from
future licenses, and to suspend the priority of the licensee, for any such violation
found to have occurred during or immediately preceding or immediately following the
authorized period of sale,
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B, The decision of the Fire Chief or his/her designee to suspend the license of any
licensee shall be subject to review by the Mayor or his/her designee, In view of the
limited sales period each year, for suspensions affecting the sale period, such
hearing shall be held at the earliest possible time that the licensee, the Mayor or
his/her designee, and the representative of the Fire Chief can schedule such
hearing, provided that in every case, said hearing shall be held within 72 hours of
the Fire Chiefs decision, For suspensions after the sale period, the hearing shall be
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS.
held within one month after the request for hearing, which request must be made
within fifteen days after notice of the suspension, The Mayor, or his/her designee,
is authorized to set aside the suspension, or to modify the suspension by limiting its
effect to only one or more days, or by setting aside the forfeiture of priority status for
future years, The decision of the Mayor or his/her designee may be appealed to the
Mayor and Common Council under the provisions of Chapter 2,64. The decision of
the Mayor and Common Council shall be final.
8.60.070 Operation of temporary fireworks stand.
The licensee entity, the person who signs the application for the license, and the
supervisor or manager present in charge of each fireworks stand shall comply and ensure
compliance with all of the following:
A, No person, organization, group, association, etc, other than the licensee entity
shall be allowed to operate the stand for which the license is issued or to otherwise
participate in the profits of the operation of such stand,
8, No person, organization, group, association, etc, other than the individuals who
are members of the licensee entity, or the spouses or adult children of such
members, shall be allowed to sell or otherwise participate in the sale of fireworks at
such stand,
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C, No consideration shall be paid to any person for selling or otherwise participating
in the sale of fireworks at such stand,
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D, No person under eighteen years of age shall be permitted in the stand and
signage shall be prominently displayed in/on the stands stating that no person under
eighteen years of age shall be permitted in the stand,
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E, No person shall consume alcoholic beverages within twenty-five feet of any
stand
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F, An emergency contact telephone number shall be posted on the exterior and
interior surfaces of all exit doors.
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G, All retail sales of safe and sane fireworks shall be permitted only from within a
temporary fireworks stand, and sales from any other building or structure is hereby
prohibited,
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H, No fireworks stand shall be located within twenty-five feet of any other building
nor within one hundred feet of any gasoline pump.
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MC-1l38
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS.
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I, Fireworks stands need not comply with the provisions of the building code of the
City provided that all stands shall be erected under the supervision of the Director
of the Department of Development Services or his/her designee, who shall require
that stands be constructed in a manner that will reasonably ensure the safety of
attendants and patrons, In addition, each stand and its location shall be inspected
and approved by the Fire Marshall prior to commencing storage or sales offireworks
therein,
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J. No stand shall have a floor area in excess of three hundred square feet.
K. Each stand in excess of twenty-four feet in length must have at least two exits;
and each stand in excess of forty feet in length must have at least three exits
spaced approximately equidistant apart; provided, however, that in no case shall the
distance between exits exceed twenty-four feet.
L. Each stand shall be provided with two 2Y2 gallon water pressure type fire
extinguishers, underwriter approved, in good working order and easily accessible
for use in case of fire, at all times during the storage/sales of fireworks,
M, All weeds and combustible material shall be cleared from the location of the
stand including a distance of at least twenty feet surrounding the stand,
N, "No Smoking" signs shall be prominently displayed on the fireworks stand, and
no smoking shall be permitted within twenty-five feet of any fireworks stand,
0, Each stand shall have a person present and designated as supervisor or
manager in charge thereof at all times while fireworks are stored or sold therein,
Sleeping or remaining in the stand after close of business each day is forbidden,
P. The sale of fireworks shall not begin before twelve noon on the 28th day of June
and shall not continue after midnight on the 4th day of July,
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Q, Each stand shall post for public viewing, a copy of the map identified in Section
8,60,010 (Location of Sales and Discharge of Fireworks) and shall also provide a
copy of this map to each purchaser of fireworks, The costs of copying such maps
shall be borne by the licensee,
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R. All unsold stock and accompanying litter shall be removed from the location by
five p,m, on the 5th day of July,
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S, The fireworks stand shall be removed from the temporary location by twelve noon
on the 15th day of July, and all accompanying litter shall be cleared from the location
by said time and date,
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MC-1l38
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS.
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8.60.080 Requirements for Fireworks Supplier.
Prior to the issuance of a license, each applicant shall file with the City Clerk a cash
deposit, certificate of deposit or a surety bond posted by the fireworks supplier and made
payable to the City in the amount of three hundred dollars ($300,00) to ensure compliance
with the provisions of this Chapter. Such deposit or certificate shall be refundable upon
compliance with the provisions and requirements of this Chapter, including but not limited
to the removal of the stand and the cleaning of the site. In the event the fireworks supplier
does not so comply to remove the stand or clean the site in the manner required by the
Director of the Development Services Department, the City may do so, or cause the same
to be done by other persons, and the reasonable cost thereof shall be a charge against the
fireworks supplier and his/her surety and the deposit, certificate or bond,
8.60.090 License tax.
As set by Ordinance No, 2884, the license tax for the selling of fireworks within the City
shall be two hundred dollars per year per stand which fee must be paid at the time
application for a stand is filed with the City Clerk's office,
8.60.100 Temporary sales tax permit required.
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16 Applicants licensed for the selling of fireworks are required to obtain a temporary sales tax
permit from the State Board of Equalization,
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8.60.110 Display of license and sales tax permit.
The license to sell fireworks and temporary sales tax permit shall be displayed in a
prominent place in the fireworks stand,
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8.60.120 Permissible locations for discharge.
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The use of fireworks in the City shall be limited to private property except as otherwise
22 provided in this Chapter. No fireworks shall be discharged on public or private unpaved
23 open areas such as vacant lots or fields, or in a public street or right-of-way, or in public
parks except when specifically permitted for public display, and except those areas
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8.60.130 Prohibitions on sale and discharge.
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A It is unlawful for any person, organization, group, association, etc" to sell any
fireworks except during the time period between twelve noon on the 28th day of June
to midnight on the 4th day of July,
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS.
B, It is unlawful for any person, organization, group, association, etc" to sell any
fireworks at any time in any of the areas described in Section 8,60,010,
C, It is unlawful for any person, organization, group, association, etc" to ignite,
explode, project, or otherwise fire or use, any fireworks, or permit the ignition,
explosion or projection thereof, except during the time period between twelve noon
on the 28th day of June to midnight on the 4th day of July,
D. It is unlawful for any person, organization, group, association, etc" to ignite,
explode, project, or otherwise fire or use, any fireworks, or permit the ignition,
explosion or projection thereof, in any of the areas described in Section 8,60,010,
or upon or over or onto the property of another without his/her consent, or to ignite,
explode, project, or otherwise fire or make use of any fireworks within ten feet of any
resident dwelling or other structure used as a place of habitation by human beings,
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8.60.140 Reference to determination of safe and sane fireworks,
13 Reference is made to provisions of Section 12500 et seq, of the Health and Safety Code,
which prohibit and regulate fireworks not defined as safe and sane,
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8.60.150 Violation - Penalty.
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A. Any person, organization, group, association, etc" violating any provision of this
Chapter is guilty of an infraction for the first offense, which upon conviction thereof
is punishable in accordance with the provisions of Section 1,12,010 of this Code.
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B, Any subsequent violation of this Chapter by that same person or entity within a
three year period is guilty of a misdemeanor, which upon conviction thereof is
punishable in accordance with the provisions of Section 1,12,010 of this Code.
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8.60.160 Financial Reporting
No later than August 31s1 of each year (or the next working day if August 31 falls on a
Saturday, Sunday or legal holiday), each licensee operating a stand or participating in a
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fireworks on the financial summary form provided by the City Clerk's
24 Office, The financial summary shall have a summary of actual expenses, revenues, and
profit for that year and shall have receipts attached for all expenses for each stand as well
as any incentive payments, gifts, or other financial consideration provided to members of
the licensee or its volunteers, Licensees failing to comply with the afore-mentioned
financial summary deadline of August 31 sl shall be ineligible to receive a license forthe sale
of fireworks the following year either as an individual licensee or as a member of a joint
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~1C-1138
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I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.60
2 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS.
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
joint
6 and Common Council of the City of San Bernardino at a regular
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meeting thereof,
7 held on the 18thday of February
, 2003, by the following vote, to wit:
8 COUNCIL MEMBERS:
AYES
NAYS
ABSTAIN ABSENT
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ESTRADA
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LONGVILLE
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12 MCGINNIS
13 DERRY
14 SUAREZ
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ANDERSON
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MC CAMMACK
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~iJ,~
City lerk
The foregoing Ordinance is hereby approved this 19t1dayof February, 2003.
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24 Approved as to form
and legal content:
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JAMES F. PENMAN
26 City Attorney
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CLC C'cJ
J DitH VALLES, Mayor
ty of San Bernardino