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ORDINANCE NO. ~,C-505
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
5.82.050 AND 5.82.160 OF THE SAN BERNARDINO MUNICIPAL CODE TO
CLARIFY THE CRIMINAL CONDUCT GROUND FOR GRANTING AND SUSPENDING
AN OPERATOR'S PERMIT AND TO DEFINE A PUBLIC NUISANCE.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA~ BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Section 5.82.050 Subsections A, Band E of the
San Bernardino Municipal Code are amended tc read as follows:
"A. The applicant has not been convicted of any felony or
crime of moral turpitude or been found in violation of laws or a
,
regulation in a governmental quasi-judicial proceeding ~hen the
facts underlying such proceeding or conviction show a nexus
between the crime or violation and the particular business
operations or indicate the lack of qualities essential to protect
the public health, safety and welfare in operations under the
permit;
B. There were not prior significant arrests or police
investigation conctrning sexual misconduct, illicit drug
transactions, "fencing" activities or related crimes occurring on
and related to the operation of the business premises of
applicant;
E. The location for which the permit is sought is
compatible with the neighborhood and suitable for the type of
operation proposed, and will not pose a public nuisance as
defined in this Code in the neighborhood or disrupt the peace and
solitude of a residential area."
SECTION 2. Section 5.82.160 Subsection A of the San
Bernardino Menicipal Code is amended to read as follows:
. ~.
:
"A. The permittee, operator or employee of the permittee
tas engaged in or permitted conduct at the business premises
which constitutes a felony or crime of moral turpitude, and the
permittee knew, or with the exercise of reasonable diligence
should have known of such criminal conduct and failed to take
remedial or preventive action. Such conduct may include, but
shall not be limited to, acts of sexual misconduct, illicit drug
transactions or "fencing" of personal property occurring on the
premises of the business."
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
regular
meeting thereof, held
on the
17th day of
r1arch
, 1986, by the following
vote, to wit:
AYES:
Cour.c i 1 Members Estrada, :.<eilly, !1~rnandez ,"Iarks ,
Quiel, Frazier, Strickler
NAYS:
None
ABSENT:
None
rA7~~~/
,City Cler
The foregoing ordinance is hereby approved this
19t:l
day
of :~arcl1
Approved as to form:
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