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Home My WebLink AboutS2-City Attorney . . . . . I. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James F. Penman, City Attorney Subject: Ordinance of the City of San Bernardino Amending Chapter 5.04 of the San Bernardino Municipal Code relating to Criminal Penalties. ~(Q)~V Dept.: City Attorney's Office Date: January 27,1997. Synopsis of Previous Council action: In 1991, Council amended Chapter 5.04 changing the designation of "Business License" to "Business Registration Certificate" and removed the Certificate of Occupancy requirement from the Business Registration Certificate process. Recommended motion: That Council approve the City Attorney's proposal to amend San Bernardino Municipal Code 95.04.640 to allow criminal prosecutions against businesses and professions that require a state license that are not in compliance with Chapter 5.04. / ~,? :~ Signature Contact person: James F. Penman Phone: 5355 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Descriotion) Finance: Council Notes: Laid OVer ?/3/97 Agenda Item No. 5 ~ CDK/tbm[5.04.640] . . . . ! . STAFF REPORT Council Meeting Date: Mondav February 10. 1997 TO: FROM: DATE: AGENDA ITEM: Mayor and Common Council James F. Penman, City Attorney January 27, 1997 Ordinance of the City of San Bernardino Amending Section 5.04.640 of the San Bernardino Municipal Code relating to Criminal Penalties. Currently, San Bernardino Municipal Code ~5.04.640 prohibits the City from filing a criminal complaint against a business or profession that requires a state license if it fails to comply with the business registration requirements in Chapter 5.04. San Bernardino Municipal Code ~5.04.640 states: "5.04.640 Applicability of criminal penalties and regulatory procedures. The criminal penalties and regulatory procedures provided for by this Article shall not be applied to businesses or professions requiring a state license as a condition precedent to doing business in the City, nor as a method of obtaining collection of the fees. Nothing provided in this Article shall prevent criminal prosecutions as otherwise provided by law, or the application of any regulatory procedures in instances where the field is not preempted by state law. (Ord. MC-817, 1-6-92)" Although state law allows a city to enact laws to tax businesses operating within their boundaries and to enforce those laws with criminal penalties, in 1964, the City of San Bernardino passed Ordinance No. 2635 prohibiting criminal prosecutions against businesses and professions that require a state license when they failed to comply with the business registration requirements in Chapter 5.04. Since businesses and professions that do not require a state license are susceptible to criminal prosecution when they fail to comply with Chapter 5.04, and there does not appear to be a rationale to provide special protection from criminal prosecution for businesses and professions licensed by the state, it is recommended that section 5.04.640 be amended by deleting the first sentence so that it reads as follows: "5.04.640 Applicability of criminal penalties and regulatory procedures. Nothing provided in this Article shall prevent criminal prosecutions as otherwise provided by law, or the application of any regulatory procedures in instances where the field is not preempted by state law." '-J }, l-~4 r'rv'7-..1..1!, sF. Penman. City Attorney . . . . 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 5.04 OF THE SAN BERNARDINO MUNICIPAL CODE AMENDING 2 SECTION 5.04.640 ALLOWING CRIMINAL PROSECUTIONS AGAINST BUSINESSES AND PROFESSIONS THAT ARE REQUIRED TO BE LICENSED BY 3 THE STATE 4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a meeting thereof, held on the _ day of , 1997, by the followmg vote, to wit: 6 7 Council Members: AYES NAYS ABSTAIN ABSENT . NEGRETE 8 CURLIN 9 ARIAS 10 OBERHELMAN DEVLIN II ANDERSON 12 MILLER 13 14 15 16 CITY CLERK The foregoing Ordinance is hereby approved this _ day of , 1997 17 18 TOM MINOR, Mayor City of San Bernardino 19 20 A'droved as to form an legal content: 21 JAMES F. PENMAN, 22 City At orney 23 I . ?eAV?1....,."., By: ( 24 25 III III 26 III III 27 III III 28 III . , j ~ECE'VED'-C\T'( CLEftlC Vl FED -3 P5 :14. MEETING CANCELLATION LEGISLATIVE REVIEW COMMITTEE THE LEGISLATIVE REVIEW COMMITTEE MEETING SCHEDULED FOR 10:00 A.M. ON MONDAY, JANUARY 27, 1997, IN THE COUNCIL OFFICE CONFERENCE ROOM, 300 NORTH "0" STREET, SAN BERNARDINO, HAS BEEN CANCELLED. THE NEXT REGULAR MEETING WILL BE 10:00 A.M. ON MONDAY, FEBRUARY 10, 1997. CJ;j.:t. 7/97 1/52- . . MEETING CANCELLATION LEGISLATIVE REVIEW COMMITTEE THE LEGISLATIVE REVIEW COMMITTEE MEETING SCHEDULED FOR 10:00 A.M. ON MONDAY, DECEMBER 23, 1996, IN THE COUNCIL OFFICE CONFERENCE ROOM, 300 NORTH "D" STREET, SAN BERNARDINO, HAS BEEN CANCELLED. THE NEXT REGULAR MEETING WILL BE 10:00 A.M. ON MONDAY, .............., 1997. (DATE UNDECIDED) l /a/,;J.a/91; ~ ( " MEETING CANCELLATION LEGISLATIVE REVIEW COMMITTEE ( THE LEGISLATIVE REVIEW COMMITTEE MEETING SCHEDULED FOR 10:00 A.M. ON MONDAY, DECEMBER 9, 1996, IN THE COUNCIL OFFICE CONFERENCE ROOM, 300 NORTH "0" STREET, SAN BERNARDINO, HAS BEEN CANCELLED. THE NEXT REGULAR - MEETING WILL BE 10:00 A.M. ON MONDAY, DECEMBER 23, 1996. /:J../Cq/9 (p MEETING CANCELLATION LEGISLATIVE REVIEW COMMITTEE THE LEGISLATIVE REVIEW COMMITTEE MEETING SCHEDULED FOR 10:00 A.M. ON MONDAY, NOVEMBER 25, 1996, IN THE PUBLIC SERVICES CONFERENCE ROOM, 4TH FLOOR, 300 NORTH "0" STREET, SAN BERNARDINO, HAS BEEN CANCELLED. THE NEXT REGULAR MEETING WILL BE 10:00 A.M. ON MONDAY, DECEMBER 9,1996. /I /25 /,~ ( , . . MEETINC CANCELLATION LECISLATIVE REVIEW COMMITTEE THE LEGISLATIVE REVIEW COMMITTEE MEETING SCHEDULED FOR 10:00 A.M. ON TUESDAY, NOVEMBER 12, 1996, IN THE PUBLIC SERVICES CONFERENCE ROOM, 4TH FLOOR, 300 NORTH "0" STREET, SAN BERNARDINO, HAS BEEN CANCELLED. THE NEXT . REGULAR MEETING WILL BE 10:00 A.M. ON MONDAY, NOVEM- BER 25, 1996. /1 }2/'itl Y-EE"U..JWC CANCELLATION LEGISLATIVE REVIEW COMMITTEE THE LEGISLATIVE REVIEW COMMITTEE MEETING SCHEDULED FOR 10:00 A.M. ON MONDAY, OCTOBER 28, 1996, IN THE PUBLIC SERVICES CONFERENCE ROOM, 4TH FLOOR, 300 NORTH "Oil STREET, SAN BERNARDINO, HAS BEEN CANCELLED. THE NEXT REGULAR MEETING WILL BE 10:00 A.M. ON TUESDAY, NOVEM- BER 12, 1996. /O/ztrI1~ ( , ' MEETtNG CANCELLATION LEGISLATIVE REVIEW COMMITTEE THE LEGISLATIVE REVIEW COMMITTEE MEETING SCHEDULED FOR 10:00 A.M. ON MONDAY, OCTOBER 14, 1996, IN THE PUBLIC SERVICES CONFERENCE ROOM, 4TH FLOOR, 300 NORTH "0" STREET, SAN BERNARDINO, HAS BEEN CANCELLED. THE NEXT REGULAR MEETING WILL BE 10:00 A.M. ON MONDAY, OCTOBER 28, 1996. /0 ;/" /qr, i- MEETING CANCELLATION LEGISLATIVE REVIEW COMMITTEE THE LEGISLATIVE REVIEW COMMITTEE MEETING SCHEDULED FOR 10:00 A.M. ON MONDAY, SEPTEMBER 23, 1996, IN THE PUBLIC SERVICES CONFERENCE ROOM, 4TH FLOOR, 300 NORTH "0" STREET, SAN BERNARDINO, HAS BEEN CANCELLED. THE NEXT - REGULAR MEETING WILL BE 10:00 A.M. ON MONDAY, OCTOBER 14, 1996. ~ot/z3/7f, MEETING CANCELLATION LEGISLATIVE REVIEW COMMITTEE THE LEGISLATIVE REVIEW COMMITTEE MEETING SCHEDULED FOR 10:00 A.M. ON MONDAY, SEPTEMBER 9, 1996, IN THE PUBLIC SERVICES CONFERENCE ROOM, 4TH FLOOR, 300 NORTH "0" STREET, SAN BERNARDINO, HAS BEEN CANCELLED. THE NEXT - REGULAR MEETING WILL BE 10:00 A.M. ON MONDAY, SEPTEMBER 23, 1996. tJo/ /o9/9~ MEETING CANCELLATION LEGISLATIVE REVIEW COMMITTEE \ THE LEGISLATIVE REVIEW COMMITTEE MEETING SCHEDULED FOR 10:00 A.M. ON MONDAY, AUGUST 26, 1996, IN THE PUBLIC SERVICES CONFERENCE ROOM, 4TH FLOOR, 300 NORTH "0" STREET, SAN BERNARDINO, HAS BEEN CANCELLED. THE NEXT REGULAR MEETING WILL BE 10:00 A.M. ON MONDAY, SEPTEMBER 9, 1996. o 8'/ ,;</R /t:y~ . . MEETING CANCELLAT"ION LEGISLATIVE REVIEW COMMITTEE THE LEGISLATIVE REVIEW COMMITTEE MEETING SCHEDULED FOR 10:00 A.M. ON MONDAY, AUGUST 12, 1996, IN THE PUBLIC SERVICES CONFERENCE ROOM, 4TH FLOOR, 300 NORTH "0" STREET, SAN BERNARDINO, HAS BEEN CANCELLED. THE NEXT REGULAR MEETING WILL BE 10:00 A.M. ON MONDAY, AUGUST 26, 1996. tJll- /;2/7 (p ( . . K-E E T I .N G CAN eEL L A T ION LECISLATIVE REVIEW COMMITTEE' THE LEGISLATIVE REVIEW COMMITTEE MEETING SCHEDULED FOR 10:00 A.M. ON MONDAY, JULY 22,1996, IN THE PUBLIC SERVICES CONFERENCE ROOM, 4TH FLOOR, 300 NORTH "0" STREET, SAN _ BERNARDINO, HAS BEEN CANCELLED. THE NEXT REGULAR MEETING WILL BE 10:00 A.M. ON MONDAY, AUGUST 12, 1996. o 7/:z;;z/91.? I , .. MEETING CANCELLATION LEOISLATIVE REVIEW COMMITTEE THE LEGISLATIVE REVIEW COMMITTEE MEETING SCHEDULED FOR 10:00 A.M. ON MONDAY, JUNE 24,1996, IN THE PUBLIC SERVICES CONFERENCE ROOM, 4TH FLOOR, 300 NORTH "D" STREET, SAN . BERNARDINO, HAS BEEN CANCELLED. THE NEXT REGULAR MEETING WILL BE 10:00 A.M. ON"MONDAY, JULY 8, 1996. ~ CJI.R ft'l/76 ( MINUTES , ' LEGISLATIVE REVIEW COMMITTEE April 8, 1996 ATTENDEES: Councilman Frederick Curlin, M.D. - Chairman Councilman Eddie Negrete Councilwoman Betty Dean Anderson Fred Wilson - Assistant City Adminilltrator Dennis Barlow - Sr. Assistant City Attorney Rachel Clark - City Clerk Phil Arvizo - Council Executive Assistant 1. PROPERTY ABATEMENT LIENS - The Committee, after receiving oral reports from the City Attorney's Office and City Clerk, recommended the report be received and filed. The information provided included comment that recent contact with HUD indicated they are so inundated with properties and so few are actually filed on that it is more cost effective for them to wait. The City Attorney's Office does make contact with agencies listed in an attempt to collect prior to placement on the Council agenda lien list. Agencies and individuals on the lien list pay a $97 penalty plus the prevailing rate _ of interest, presently at 12 %. Meeting adjourned. ..a - -' - ~-fge --<. .,~ Councilman Frederick Curlin, M.D. Chairman FIC:jv O'ifr /'1&