HomeMy WebLinkAboutMC-935
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Effective:. May 18, 1995
ORDINANCE NO.
MC-935
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
5.04 OF THE SAN BERNARDINO MUNICIPAL CODE BY ADDING SECTIONS
5 .04.015.D., 5.04.033, AND 5.04.075 .E., REPEALING SECTION
5.04.100, AND BY AMENDING SECTIONS 5.04.525.B, 5.04.525.F, AND
5.04.615 RELATING TO BUSINESS REGISTRATION CERTIFICATES
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Subsection 0 is hereby added to Section 5.04.015
of the San Bernardino Municipal Code to read as follows:
"D. The determination of which business or type
or class of business a business registration
certificate holder or an applicant is engaged in shall
be an administrative function of the City Clerk.
If a business registration certificate holder or
an applicant believes that his business is not
assigned to the proper classification under this
Chapter because of circumstances peculiar to it, as
distinguished from other businesses of the same kind,
he or she may apply in writing to the City Clerk for
reclassification. The application shall contain such
information as the City Clerk deems necessary in order
to determine whether the applicant's individual
business is properly classified.
The
City
Clerk
shall
then
conduct
an
investigation following which he or she shall assign
the
applicant's
individual
business
to
the
classification shown to be proper on the basis of the
investigation.
The proper classification is the
classification which, in the opinion of the City Clerk
DAB:js[Certificate.Ord]
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March 6. 1995
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MC-935
most nearly fits the applicant's individual business.
The City Clerk shall notify the applicant of the
action taken on the application for reclassification.
Such notice shall be given by serving it personally or
by depositing it in the United States Post Office at
San Bernardino, California postage prepaid, addressed
to the applicant at his or her last known address."
SECTION 2.
Section 5.04.033 is hereby added to the San
Bernardino Municipal Code to read as follows:
"5.04.033 Refund of Unused Business Registration
Certificate
Where a certificate hOlder has ceased doing
business, a refund of an unused period of a business
registration certificate may be granted upon the
filing of a written request to the City Clerk within
a period of one (1) year after the date of payment of
the amount sought to be refunded; provided that any
refund shall be made on only unused full quarters
remaining until the end of the registration year and
shall not be made for any quarter in which the
business covered thereunder was conducted for any
period of time; provided further that no minimum or
flat rate registration fee shall be refunded.
'Quarters' shall be determined on the basis of each
three full months from the date of the last
application or renewal application.
Such written request may be made only by the
person who made the payment, his or her guardian,
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March 6. 1995
MC-935
1 executor, administrator or heir. Refunds shall not be
2 made to an assignee of the written request.
3 In all cases, return of the original Business
4 Registration Certificate which covers the quarter(s)
5 for which the refund is being sought, shall be a
6 prerequisi te to any refund."
7 SECTION 3. Subsection E is hereby added to Section 5.04.075
8 of the San Bernardino Municipal Code to read as follows:
9 "E. It shall be the responsibility of each
10 Business Owner to obtain and pay for a renewal
11 registration certificate regardless of whether or not
12 such Business Owner has received a renewal notice from
13 the City. Any failure to receive such notice, for any
14 reason, shall not affect the applicability of
15 penalties of non-payment or late payment."
16 SECTION 4. Section 5.04.100 of the San Bernardino Municipal
17 Code is hereby repealed.
18 SECTION 5. Subsection B of Section 5.04.525 is hereby
19 amended to read as follows:
20 "B. Retail Merchants (other than food).
21 Every person, firm or corporation conducting,
22 managing or carrying on the business of selling at
23 retail any goods, services, wares or merchandise other
24 than food which are not otherwise specifically covered
25 by other sections of this chapter, shall pay a fee
26 established by resolution of the Mayor and Common
27 Council.
28 . Retail merchants (other than food) I for purposes
DAB:js[Certificate.Ord] 3 March 6. 1995
MC-935,
1 of this subsection shall include but not be limited to
2 the following businesses:
3 1. Advertising - Billposting or sign boards
4 2. Alarm Businesses
5 3. Alterations
6 4. Ambulance Service
7 5. Antiques
8 6. Armored Car Service
9 7. Art Studio or Gallery
10 8. Athletic Exhibitions
11 9. Barber and Beauty Supply
12 10. Bicycles
13 11. Boat Sales and Service
14 12. Book Store
15 13. Building Material Sales
16 14. Camper Sales
17 15. Carpet Sales
18 16. Check Cashing
19 17. Cleaning or Dyeing Establishments
20 18. Clothing stores
21 19. Cold Storage Locker Rentals
22 20. Cosmetic Sales
23 21. Data Processing Services
24 22. Detective Agency
25 23. Dog Grooming
26 24. Drug Store
27 25. Electrical Appliance Sales and Service
28 26. Electrical Sign Enterprises
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MC-935
1 27.
2 28.
3 29.
4 30.
5 31.
6 32.
7 33.
8 34.
9 35.
10 36.
11 37.
12 38.
13 39.
14 40.
15 41.
16 42.
17 43.
18 44.
19 45.
20 46.
21 47.
22 48.
23 49.
24 50.
25 51.
26 52.
27 53.
28 54.
DAB:js[Certificate.Ord]
Equipment Rental
Film Processing
Florists
Furniture Store
General Merchandise Sales
Gift Shop
Graphic Arts
Guard Service
Hardware Store
Interior Decorating
Jewelry Store
Linen, Uniform Supply Services and Laundries
Medical Equipment Sales and Service
Mobile Home Sales
Music Store
Nursery (Plants)
Paint Store
Pest Control Service
Pet Store
Photographers
Physical Culture and Health Clubs
Private Post Office Service
Record Shop
Recycling Service
Repair Shops (General)
Roller Rink
Seasonal Athletic Events
Shoe Repair Shop
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March 6. 1995
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MC-935
55. Shoe Shining or POlishing Stand
56. Shoe Store
57. Sporting Goods
58. Stock Car Racing
59. Swimming Pool Supplies and Equipment
60. Tanning Salon
61. Trade School
62. Travel Agency
63. Vehicle Leasing
64. Vehicle Repair Shop
65. Vehicle Wrecking
66. Welding Shop"
SECTION 6. Subsection F of Section 5.04.525 is hereby
amended to read as follows:
"F. Commercial, Industrial and Residential
Rental or Leasing.
( 1 ) Every
firm
or
corporation
person,
conducting, managing, or carrying on the business of
leasing
renting
commercial
or
industrial
or
building(s), land or spacers), where the building(s),
land or spacers) are to be utilized for any business
purpose including retail sales, offices and suites or
other business rentals including mini-storage; or
freight forwarding storehouse(s) and warehousers); or
operating hotel(s), roominghouse(s), lodginghouse(s),
boardinghouse(s), apartment house(s), court motel(s),
mobile home parkes); or leasing or renting any
residential dwelling unites) including single family
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March 6, 1995
MC-935
1 home ( s) shall obtain a Business Registration
2 Certificate and pay a fee established by resolution of
3 the Mayor and Common Council.
4 ( 2 ) All businesses which conduct, manage or
5 carryon the business of leasing or renting of
6 commercial or industrial building(s). land or space(s)
7 which are to be utilized for any business purpose, are
8 required to furnish a list of tenants or lessees for
9 all such buildings to the City Clerk of the City of
10 San Bernardino. The list of tenants shall be included
11 wi th the Business Registration Certificate application
12 or renewal application of the management company.
13 (3) The intent of this Section is to require a
14 Business Registration Certificate for the business of
15 leasing or renting commercial or industrial
16 building(s), for leasing or renting land, for leasing
17 or renting office(s). suite(s) or other business
18 rental(s), and for leasing or renting dwelling
19 unit(s).
20 (4) For the leasing or renting of dwelling
21 unit(s) a separate Business Registration Certificate
22 shall be required for each legal parcel upon which the
23 rental unit(s) are located, unless the ownership of a
24 building is divided as provided in Government Code
25 ~66426 and ~66427 as a condominium, community
26 apartment project or stock cooperative project, and
27 then a separate Business Registration Certificate
28 shall be required for each such division where the
DAB:js[Certificate.Ord) 7 March 6, 1995
MC-935
1 owner owns less than four (4) units in one complex.
2 Where the owner owns four ( 4 ) or more such uni ts
3 located in the same complex only one Business
4 Registration Certificate shall be required. For the
5 purposes of this Section 'complex' shall mean the land
6 divided into condominiums, a community apartment
7 project, or a stock cooperative project with any
8 attendant common area and which is treated together as
9 unified whole.
10 It shall be presumptive evidence that a single
11 family dwelling is considered rented if the owner
12 fails to claim the homeowner's property tax exemption
13 annually applicable according to San Bernardino County
14 Tax Assessor's Records. Whenever an owner fails to
15 claim such exemption for any calendar year, it shall
16 be presumed that the properties were rented and
17 therefore subject to the business registration, unless
18 the owner establishes to the satisfaction of the City
19 Clerk that the premises were not rented, provided
20 however that the owner had not advertised or otherwise
21 held out property as being available for lease or rent
22 during that calendar year.
23 5. For the leasing or renting of commercial or
24 industrial building(s), for the leasing or renting of
25 land, and for the leasing or renting of office(s),
26 sui tee s) or other business rental (s), a separate
27 Business Registration Certificate shall be required
28 for each legal parcel upon which the rental unites)
DAB:js[Certificate.Ord] 8 March 6, 1995
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MC-935
are located, or for each building if such building is
located on more than one legal parcel. However where
the ownership of a building is divided as provided in
Government Code ~66426 and ~66427 as a condominium or
stock cooperative project then a separate Business
Registration Certificate shall be required for each
such division where the owner owns less than four (4)
units in one complex. Where the owner owns four (4)
or more such units located in the same complex only
one Business Registration Certificate shall be
required.
'Complex' shall have the same definition
as that in subdivision (4) above.
(6) It shall be unlawful for any property owner,
landlord, manager, or agent to demand, accept, receive
or retain any payment of rent if the unit for which
the rent is paid has not applied for and received a
Business Registration Certificate under this Section.
Any person violating any of the provisions or failing
to comply with any of the requirements of this Section
shall be guilty of a misdemeanor."
SECTION 7. Section 5.04.615 is hereby amended to read as
follows:
"5.04.615 Separate Certificates
Locations.
for
Separate
In the event any person, firm or corporation is
conducting, managing or carrying on two or more
businesses at separate locations, each location is for
the purpose of this article deemed a separate business
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March 6. 1995
MC-935
1 in computing and fixing the fee; provided, however,
2 that warehouses and distributing plants located in the
3 ci ty used in connection with and incidental to a
4 business for which a registration certificate has been
5 issued to an address located within the city shall not
6 be deemed to be branch establishments or separate
7 locations; provided further that no business
8 transactions shall be carried on in such incidental or
9 supplemental warehouses or distributing plants."
10 I HEREBY CERTIFY that the foregoing Ordinance was duly
11 adopted by the Mayor and Common Council of the City of San
12 Bernardino at a reqular meeting thereof, held on the 17th
13 day of April , 1995, by the following vote, to wit:
14 Council Members:
15 NEGRETE
16 CURLIN
17 HERNANDEZ
18 OBERHELMAN
19 DEVLIN
20 POPE-LUDLAM
21 MILLER
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March 6. 1995
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MC-935
AN ORDINANCE...AMENDING CHAPTER 5.04 OF THE SAN BERNARDINO
MUNICIPAL CODE BY ADDING SECTIONS 5.04.015. D. , 5.04.033, AND
5.04.075.E., REPEALING SECTION 5.04.100, AND BY AMENDING SECTIONS
5.04.525.B, 5.04.525.F, AND 5.04.615 RELATING TO BUSINESS
REGISTRATION CERTIFICATES
The foregoing Ordinance is hereby approved this ~day
of
April
, 1995.
o Rfr\-J1;(At~
Tom Minor, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By: U~-1~~v...
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March 6. 1995