HomeMy WebLinkAbout28-City Attorney
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.
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
g5.04.640 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. Description)
Finance:
Council Notes:
Previously . ~;1',A 7' 4- s .:J..
Ordin~nce MC-~~I
Agenda Item No.,
CDKftbm[5.04.640]
11- c2<f'
();J. /11#7
STAFF REPORT
Council Meeting Date: Monday 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 95.04.640 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
95.04.640 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."
~1.~
sF. Penman, City Attorney