HomeMy WebLinkAboutMC-219
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ORDINANCE NO.
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.60
OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE A PROCEDURE FOR
SUSPENSION OF FIREWORKS SALES LICENSES, APPEALS FROM SUSPENSIONS,
AND LOSS OF PRIORITY STATUS IN EVENT OF SUSPENSION, AND MAKING A
TECHNICAL CHANGE IN DATES AND HOURS OF SALE.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1. Section 8.60.010 of the San Bernardino Municipal
Code is amended to read:
"8.60.010 Dates and hours of sale.
Safe and sane fireworks as defined by Section 12529 of the
Health and Safety Code of the state may be sold and discharged
within the City during the period beginning at twelve noon on the
28th day of June and ending at eleven fifty-nine p.m. on the 5th
day of July each year pursuant to the provisions of this chapter
and not otherwise."
SECTION 2. Section 8.60.050 Subsection D of the San
Bernardino Municipal Code is amended to read:
"D. If the number of applications exceed the number of
licenses to be issued, the licensees during the preceding year
shall have first priority for the available licenses. A licensee
shall retain its priority from year to year only so long as the
licensee continues to represent each and all of the participating
organizations which operated under the license during the
preceding year. Each participating organization shall be deemed
to be a co-licensee and joint venturer with the licensee claiming
first priority and shall have the same duties and liabilities
under the license. Any change in organizations within the joint
venture shall constitute a change causing that joint venture to
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lose its priority.
If there are any additional licenses available
after priority organizations have been considered, such additional
licenses 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 8.60.055, shall lose its
priority, and shall be eligible for a new license only upon
sat_isfying the Fire Chief tha-t suitable arrangements have been
made to preclude future violations. If the Fire Chief certifies
his satisfaction, such licensee shall be permitted to compete with
other additional applicants for such additional licenses as may be
available through the drawing."
SECTION 3. Section 8.60.055 is added to the San Bernardino
Municipal Code to read:
"8.60.055 Suspension of license - Appeal procedure.
A. The Fire Chief or his 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 designee establishes that a violation has
occurred too late to suspend the license during the period of
sale, he 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.
B. The decision of the Fire Chief or his designee to suspend
the license of any licensee shall be subject to review by the City
Administrator, forthwith. In view of the limited sales periOd
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MC;-219
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each year, for suspensions affecting the sale period, such hearing
shall be held at the earliest possible time that the licensee,
ci t.y Administrator or his designee, and the representative of the
Fire Chief can schedule a meeting for such review. For
suspensions after the SAle period, the hearing shall be held
wi tohin one month after re'juest. for hearing, which request must be
made within fifteen days after notice of the suspension. The City
Administrator, or his 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 City
Administrator or his designee shall be final, unless appealed to
the Mayor and Common Council under the provisions of Chapter
2.64. "
1 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 1st
"lovember
, 1982, by the following vote,
day of
to wi t:
AYES:
Council Members Castaneda, Reilly, Hernandez, Quiel,
Hobbs, Strickler
NAYS:
None
ABSENT:
none
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City Clerk
of
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The foregoing ordinance is hereby
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day
, 1982.
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MC-219
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Approved as to form:
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