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Home My WebLink About18-City Clerk CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: I'"~ j City Clerk V. ..... 'L .'" . Subject: An Ordinance of the City of San Bernardino Amending Section 5.04.500 of the San Bernardino Municipal Code Relating to Swap Meets From: Rachel G. Clark, C.M.C. Date: February 10, 2003 MICC Meeting Date: March 3, 2003 Synopsis of Previous Council Action: 2/20102 Proposed changes to the current ordinance were presented to the Legislative Review Committee. 3/19/01 Mayor and Council adopted Ordinance No. MC-1094 amending Section 5.04.500 of the San Bernardino Municipal Code Relating to Swap Meets 2/20/03 Legislative Review Committee recommended that the matter be referred to the full Council. Recommended Motion: That an Ordinance of the City of San Bernardino Amending Section 5.04.500 of the San Bernardino Municipal Code Relating to Swap Meets be laid over for final adoption. ~4-L 6. C'z~ "- Signature Contact person: R",.,t",. r. f:1".k/f:inrly R"'>t':hter Phon'" ::l?1n/::l?nn Supporting data attached: Yes Ward: All FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (A"d n"""rirtinn) Finance: Council Notes: Agenda Item No. Ig 3J?>jD3 , CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subiect: Ordinance of the City of San Bernardino Amending Section 5.04.500 of the San Bernardino Municipal Code relating to Swap Meets Backl!round: At the request of the Mayor's Office and Councilmember McGinnis, the City Clerk's Office was asked to look into amending the existing Municipal Code provisions relating to swap meets and particularly as it applied to fees imposed on outdoor swap meets. Meetings have taken place between representatives from the Mayor's Office, Council Office, City Attorney's Office, the City Clerk's Office, and Messrs. Hy Park, owner/operator of Pro Swap Meet, located at 632 S. Mt. Vernon Avenue, and Mike Valles, Mr. Park's representative. Currently, all indoor and outdoor swap meets and discount malls require that each vendor pay a business registration fee based on annual gross receipts with $60 being the minimum fee. The City of San Bernardino has seven locations that fall into the following categories: one (1) outdoor swap meet; two (2) indoor swap meets; two (2) discount malls; and two (2) antique malls. A list of those locations is attached. Additionally, there is an outdoor swap meet that takes place at the National Orange Show Grounds; however, they are exempt from paying any business registration fees due to the fact that they operate on State fairgrounds. The City Attorney's Office has ruled that we cannot impose business registration fees on any businesses operating on the National Orange Show grounds. Therein lies the problem that Mr. Hy Park, the operator of an outdoor swap meet is currently facing. The nature of outdoor swap meets is more transient so there is a high volume of vendor turnover. If a vendor has to pay a minimum $60 business registration fee to have a space at the Pro Swap Meet, as opposed to paying no fees at the National Orange Show, then more than likely the vendor would opt to establish business at the National Orange Show swap meet. The proposed change to the existing ordinance would require that the owner/operator of an outdoor swap meet pay an annual $60 business registration fee for every space available for rent. Using the Pro Swap Meet as an example, ifMr. Park has 500 vendor spaces, then he would pay $60 for each space, or $30,000 annually and the individual vendors would not be required to obtain a separate business registration certificate. Pro Swap Meet opened on August 27, 2002, and to date 263 vendors have paid the minimum $60 business registration fee, bringing in total revenue to date from vendors located at that swap meet to $15,780. Instituting the proposed changes would guarantee that the owner/operator would pay fees for all of the spaces, whether they were occupied or not. This revised fee structure would impact only outdoor swap meets since vendors located in indoor swap meets, discount malls, or antique malls are more likely to have a long term lease and are not necessarily transient vendors. Financial Impact: The City would be guaranteed a certain amount ofrevenues based on the number of vendor spaces available at an outdoor swap meet. Using the example of the one outdoor swap meet currently in operation, we estimate annual revenue of$30,000 for the one operation versus an estimated $17,000 if the individual vendors paid a fee. Recommendation: That the Ordinance Amending Section 5.04.500 of the San Bernardino Municipal Code Relating to Swap Meets be laid over for final adoption. SWAP MEETS. DISCOUNTS MALLS. ANTIOUE MALLS Antique Malls Ward 1. Treasure Mart, 293 E. Redlands Blvd. Third 2. The Heritage Gallery, 1520 S. E Street Third Discount Malls 1. California Discount Mall, 1094 S. E Third 2. Waterman Discount Mall, 999 N. First Waterman Indoor Swap Meets 1. Azteca Mini Swap Meet, 1212 W. 2nd First 2. San Bernardino Indoor Swap Meet, Sixth 1675 Mt. Vernon Outdoor Swap Meets 1. Pro Swap Meet, 632 S. Mt. Vernon Third Prepared: 2/12/03 City Clerk's Office ORDINANCE NO. 2 3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 5.04.500 OF THE SAN BERNARDINO 4 MUNICIPAL CODE AND ADDING SECTION 5.04.501 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 5 DISCOUNT MALLS AND SWAP MEETS 6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO 7 ORDAIN AS FOLLOWS: 8 SECTION 1. Section 5.04.500 of the San Bernardino Municipal Code is hereby amended 9 in its entirety to now read as follows: 10 "5.04.500 Discount Malls and/or Indoor Swap Meets; Outdoor Swap Meets. II A. F or every person, firm or corporation operating, conducting and/or managing a 12 discount mall and/or indoor swap meet in the City, the fee is established by resolution 13 of the Mayor and Common Council pursuant to Section 5.04.525F(l) of this Code. 14 B. For every dealer or individual selling or offering for sale goods, wares, merchandise, 15 or things or articles of value at a discount mall and/or indoor swap meet in the City, 16 the fee is established by resolution of the Mayor and Common Council pursuant to 17 Section 5.04.525B of this Code. 18 c. For every dealer or individual selling or offering for sale food for human or animal 19 conswnption at a discount mall and/or indoor swap meet in the City, the fee is 20 established by resolution of the Mayor and Common Council pursuant to Section 21 5.04.525C of this Code. 22 D. For every person, firm or corporation operating, conducting and/or managing an 23 outdoor swap meet in the City, the fee is established by resolution of the Mayor and 24 Common Council pursuant to Section 5.04.501 of this Code. 25 E. 'Swap meet' as used in this Section means any business wherein any person, firm, 26 or corporation or agent thereof rents spaces to various dealers or individuals for 27 selling or offering for sale goods, wares, merchandise, or things or articles of value, 28 or food for human or animal consumption, whether or not an admission fee is IN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 5.04.500 OF THE SAN BERNARDINO 2 MUNICIPAL CODE AND ADDING SECTION 5.04.501 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 3 DISCOUNT MALLS AND SWAP MEETS 4 charged to enter the area when such items are sold or being offered for sale. 5 F. 'Discount mall' as used in this Section means any indoor, multi-tenant retail or 6 discount operation, wherein thc majority of square footage is used (or offered) for 7 concession or leased floor area andlor wall space for which a fcc, commission, or 8 lease is charged, whether or not a centralizedlcontrolled cashier is utilized." 9 SECTION 2. Section 5.04.501 is hereby added to the San Bernardino Municipal Code to 10 read as follows: 11 "5.04.501 Fees based on total number of available vendor spaces. 12 For every person, firm or corporation operating, conducting andlor managing an outdoor 13 swap meet in the City, shall pay a fee established by resolution of the Mayor and Common Council." 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III 3 _day of 4 COUNCIL MEMBERS: 5 ESTRADA 6 LONGVILLE 7 MCGINNIS 8 DERRY 9 SUAREZ 10 ANDERSON 11 MC CAMMACK 12 13 14 15 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 5.04.500 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADDING SECTION 5.04.501 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO DISCOUNT MALLS AND SWAP MEETS. 1 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 2 Common Council of the City of San Bernardino at a meeting thereof, held on the , 2003, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT City Clerk The foregoing Ordinance is hereby approved this _ day of ,2003. 16 17 18 19 20 21 Approved as to form and legal content: JUDITH V ALLES, Mayor City of San Bernardino 22 JAMES F. PENMAN 23 City Attorney 24 25 26 27 28