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OEDINANCE NO. 11C 5D2
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHA?TER 5.82
TO THE SAN BERNARDINO ('-1UNICIPAL CODE TO REQUIRE PERMITS TO
OPERATE CERT:IN BUSINESSES WITHIN THE CITY OF SAN ~~RNARDINO.
THE MAYO~ AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 5.87 is added to the San Bernardino
Municipal Code to read:
"CHAPTER 5.82
BUSINESS PER~IT REGULATIONS
5.87.010 Findings.
The City of San Bernardino is endeavoring to reduce acts of
sexual misconduct, drug trafficking, and"fencing' activities
occurring in the City, and to improve the business environment in
the City. In furtherance of these goals, and to promote the
health, safety snd welfare of the public, this chapter requires
t"t?guiatory pert~i ,:" "or the purpose of ensuring that preventive
action is taken to curb criminal activities from occurring on
the business pr~mises or from being involved with the employees
or business operations. The criminal activities interfere with
the safe operation of the businesses in the presence of patrons
and visitors, and the continuance of such activities on the
premises uill be '.'etrimental to the heal th, safety and welfare
of the pC'.blic. It is further found that such criminal activities
have occurred and are likely to continue to occur on many
business premises in the City.
5.82.020 Permit - Required.
It is unlawful for any person, whether as principal or
agent, clerk or employee, acting personally or for any other
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1 person, or for any corporate entity, or as an officer of any
2 company, partnership or corporation, or otherwise, to commence,
3 manage, or conduct the business of operating a hotel, motel and
4 drive-through dairy or the business of selling food or
5 refreshments, providing entertainment or other business
6 incidental or auxiliary to the operation of on- and off-sale
7 premises licensed by the State Alcoholic Beverage Control,
8 including but not limited to restaurants, bars, cafes and the
9 like, in the City, without a valid and unsuspended permit issued
10 by the City Clerk or without complying with any regulation of
11 such business imposed under or by this chapter. The operation of
12 any business regulated by this chapter without having such a
13 permit from the City to do so, or without complying with any and
14 all regulations of such business required by this chapter, shall
15 constitute a separate violation of this chapter for each and
16 every day that such ~usiness is so operated.
17 5.82.030 Permit - Application.
18 An applicant for a permit for the operation of any such
19 hotel, motel, or drive-through dairy, or other business
20 incidental or auxiliary to the sale of alcoholic beverages on
21 premises licensed by the Department of Alcoholic Beveral Control
22 (ABC) shall apply for and obtain an operator's permit. The
23 application for such permit shall be filed with the City Clerk,
24 shall be signed under penalty of perjury and shall be upon a form
25 supplied by the City Clerk. The application shall contain the
26 true names, addresses, and criminal convictions, if any (except
27 for infractions of the Vehicle Code), of the applicant and all
28 persons financially interested in the applicant's business, and
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1 such other information as may be deemed necessary by the
2 City Clerk.
3 5.82.040 Investigation fee.
4 At the time cf filing each original application, the
5 applicant shall pay to the City Clerk an applicatioa
6 investigation fee in an amount as determined by the Mayor and
7 Common Council by resolution.
8 5.82.050 Investigation.
9 The City Clerk shall refer a copy of the application to the
10 Chief of Police who shall fully investigate the applicant and the
11 facts and circumstances concerning the application submitted and
12 shall report in writing, to the City Clerk, his recommendations
13 and reasons therefor as to wHether such operator's permit should
14 be granted or denied. The Chief of Police shall consider any
15 relevant factual material relating to such applicant, and shall
16 recommend the issuance of an operator's permit as required by
17 this chapter only upon finding that:
18 A. The applicant nas no criminal or ABC case pending, nor
19 any conviction in a court of any felony or crime of moral
20 turpitude when the facts underlying such case or conviction show
21 a nexus between the crime or case and the particular business
22 operations or inaicate the lack of such qualities as are
23 essential to protect the public health, safety and welfare in
24 operations under the permit;
25 B. There were not prior significant law enforcement
26 problems concerning sexual misconduct, illicit drug transactions,
27 "fencing" activities or related crimes occurring on the premises
28 of applicant's businesses;
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1 C. The applicant is not required to register under Penal
2 Code Section 290 or Health and Safety Code Section 11590;
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D. The applicant has not knowingly made any false,
misleading or fraudulent statement of fact in the permit
application process, or on any document required by the City in
conjunction therewith; and
7 E. The location for which the permit is sought is
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compatible with the neighborhood and suitable tor the type of
operation proposed, and will not pose a nuisance to the neigh-
borhood or disrupt the peace and solitude or a residential area.
5.82.060 Exemption from investigation.
Each applicant engaged in an operating business on the
effective date of this chapter shall be granted a permit upon the
filing of an application and payment of the required fee.
Such
applicants shall not be subject to denial of such permit on the
grounds set forth in Section 5.82.050.
17 5.82.070 Permit - Conditions.
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The Chief of Police may impose conditions of approval deemed
necessary to ensure compliance with the provisions of this
chapter or to protect the health, safety and welfare of the
public.
22 5.82.080 Permit - Denial.
23 If the Chief of Police finds any of the facts prohibiting
24 issuance of a permit as set forth in Section 5.82.050 exist, the
25 Chief of Police shall deny the application.
5.82.090 Notice of decision by Chief of Police.
27 Within forty-five calendar days of the date the application
28 is filed with the City Clerk, the Chief of Police shall give
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1 written notices of his or her decision to the applicant, to the
2 City Clerk, and to any other person specifically requesting such
3 notice.
4 5.82.100 Right of appeal to Police Commission.
5 Any applicant aggrieved by the decision of the Chief of
6 Police with reference to the issuance, conditional issuance, or
7 denial of a permit may appeal therefrom by filing a written
8 notice of appeal with the City Clerk directed to the Police
9 Commission.
10 5.82.110 Notice of appeal - Time limit.
11 Any such notice of appeal shall not be valid and shall not
12 be acted upon unless filed within fifteen calendar days after the
13 date of the action or decision which is being appealed.
14 5.82.120 Notice of appeal - Contents.
15 The notice of appeal shall be in writing and shall set forth
16 (a) the specific action appealed from; (b) the specific grounds
17 of appeal; and (c) the relief or action sought from the Police
18 Commission. In the event any notice of appeal fails to set forth
19 any information required by this section, the City Clerk shall
20 return the same to the appellant with a statement of the respects
21 in which it is deficient, and the appellant shall thereafter be
22 allowed five calendar days in which to perfect and refile his
23 notice of appeal.
24 5.82.130 Action by the City Clerk.
25 Upon the timely filing of a notice of appeal in proper form,
26 the City Clerk shall schedule the matter promptly and within
27 thirty days upon the Police Commission agenda for a hearing
28 at a subsequent meeting.
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, 1 5.82.140 Consideration by the Police Commission.
2 At the time of consideration of the appeal by the Police
3 Commission, the appellant shall present evidence limited to the
4 specific grounds of appeal and matters set forth in his notice of
5 appeal. The appellant shall have the burden of establishing
6 cause why the action appealed from should be altered, reversed or
7 modified. The Police Department shall have the Jpportunity to
8 answer arguments made and rebut new evidence offered, if any.
9 The Commission shall review the evidence, findings and record
10 relating to the decision or action and may, in the discretion of
11 the Commission, receive new or additional evidence.
12 5.82.150 Notification of the Police Commission's decision.
13 Within ten calendar days after reaching a determination on
14 the appeal, the Police Commission shall give written notice of
15 its decision to the appellant, to the City Clerk, and to any
16 other person specifically requesting such notice.
17 5.82.160 Suspension of operator's permit.
18 Upon receipt of satisfactory evidence of any of the
19 following p-ounds, the Police Commission may order a hearing to
20 consider the suspension of a permit issued under this Chapter.
21 Said grounds are as follows:
22 A. The permittee, operator or employee of the permittee has
23 engaged in or permitted conduct at the business premises which
24 constitutes a felony or crime of moral turpitude, and the
25 permittee knew, or with the exercise of reasonable diligence
26 should have known, of such criminal conduct at the time it
27 occurred. Such conduct may include, but shall not be limited to,
28 acts of sexual misconduct, illicit drug transactions or "fencing"
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of personal property occurring on the premises of the business.
B. Permittee has made any material misstatement in the
application for such permit.
C. The permittee has failed to comply with any condition
imposed on the permit.
D. The permittee has failed to timely pay any license or
permit fees that are provided for under the provisions of this
code.
E. The existence of unsanitary conditions, noise,
disturbances or other conditions at or near the premises and
related to the business which causes a public nuisance, or which
is detrimental to the public health, safety or welfare.
F. For any grounds that would warrant the denial of the
issuance of such permit at the time of application.
5.82.170 Notice of hearing.
The permittee shall be notified in writing that a hearing
which may result in suspension of the permit will be held, the
place where the hearing will be held and the date and time
thereof, which shall not be sooner than ten calendar days after
service of such notice of hearing. All notices provided for in
this section shall be personally served upon the permittee, or by
leaving such notice at the place of business or residence of such
permittee in the presence of a competent member of the household
or a person apparently in charge of permittee's place of business
at least eighteen years of age, who shall be informed of the
content thereof. In the event service cannot be made in the
foregoing manner, then a copy of such notice shall be mailed, by
certified mail, return receipt requested, addressed to the last
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1 known address of such permittee at his place of business or
2 residence at least ten calendar days prior to the date of such
3 hearing. The notice shall also contain a general statement of
4 the nature of the grounds for the proposed suspension and that
5 the permittee may be represented by counsel at the hearing.
6 5.82.180 Failure to appear at the hearing.
7 In the event that the permittee, or counsel representing the
8 permittee, fails to appear at the hearing, the evidence of the
9 existence of facts which are presented and which constitute
10 grounds for suspension of the permit may be used by the Police
11 Commission as the basis of its decision.
12 5.82.190 Suspension - Designated.
13 If, after the conclusion of a hearing held to consider the
14 suspension of a permit issued under this chapter, it is
15 etermined that any of the grounds for suspension of an
16 operator's permit exist, then said permit shall be suspended for
17 one month for the first suspension; two months for the second
18 suspension; and six months for each additional suspension
19 thereof.
20 5.82.200
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Notice of decision of Police Commission.
A copy of the decision of the Police Commission specifying
indings of fact and conclusions for the decisions shall be
urnished to the permittee or permittee's designated
epresentative. The decision of the Police Commission shall be
inal ten calendar days from the date of the action except in the
vent of an appeal as provided in Section 5.82.210. The effect
f a decision by the Police Commission shall be stayed while an
ppeal to the Mayor and Common Council is pending or until the
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1 time for the filing of such appeal has expired.
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5.82.210 Right of appeal to Mayor and Common Council.
3 The permittee or the Chief of Police may appeal the Police
4 Commission's decision to the Mayor and Common Council by filing a
5 written notice of appeal with the City Clerk directed to the
6 Mayor and Common Council.
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5.82.220 Notice of appeal - Time limit.
8 Any such notice of appeal shall not be valid and shall not
9 be acted upon unless filed within ten calendar days after the
10 date of the action or decision which is being appealed.
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5.82.230 Notice of appeal - Contents.
The notice of appeal shall be in writing and shall contain
13 the same information as set forth under Section 5.82.120.
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5.82.240 Public hearing may be held.
15 When an appeal in the proper form has been filed with the
16 City Clerk, the City Clerk shall promptly place the appeal on the
17 Mayor and Common Council agenda for the limited purpose of
18 determining whether the Mayor and Common Council will hear the
19 appeal. The Mayor and Common Council may accept an appeal for
20 hearing when any of the following conditions exist:
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A. The appellant was denied the opportunity to make a full
22 and complete presentation to the Police Commission.
23 B. New evidence is now available that was not available at
24 the time of the Police Commission hearing.
25 C. The Police Commission's decision was arbitrary and
26 capricious because inadequate evidence was presented to the
27 Commission to support its decision.
28 5.82.250 Schedule hearing.
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If the Mayor and Common Council determine that an appeal
should be heard, the appeal shall be scheduled for hearing at the
next regularly scheduled meeting of the Mayor and Common Council.
5.82.260 Permit - Duration.
Permits issued pursuant to this chapter shall be valid for a
period of one year or until suspended or abandoned.
5.82.270 Permit - Transfer.
No permit issued pursuant to this chapter shall be
transferable.
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5.82.280 Severability.
If any section, subsection, paragraph, sentence, clause,
phrase, or portions of this chapter is invalid or shall be held
to be invalid, such invalidity shall not affect the validity of
the remainder."
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a reqular meeting thereof, held
on the 3rd day of March , 1986, by the following
vote, to wit:
AYES: Council Members
Quiel, Frazier,
None
None
Estrada, Reilly, Hernandez, Marks,
Strickler
NAYS:
ABSENT:
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The foregoing ordinance is hereby approved this 6th
2 of rlarch
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5 Approved as to form:
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