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CITY OF SAN BER~DINo1 REQUEST "R COUNCIL ACTION
From:
James F. Peman
Subject:
~~eof~eCiqof&m
Bernardino amerrling Sections
5.82.020 and 5.82.030 of ~
San Bernardino Municipal Caie
Relating to Operators Pennits
Dept:
City Attarrey
November 28, 1989
Date:
Synopsis of Previous Council action:
3-3-86 adoption of Ord. MC-502
Recommended motion:
Wave further reading and layover for adoption.
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Signature
Contact person:
Dennis A. Barl=
Phone:
5355
Supporting data attached:
Ward:
All
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
75-0262
Agenda Item No.
s- b-
CITY OF SAN BERtaRDINO - REQUEST "R COUNCIL ACTION
STAFF REPORT
In the pending case of All-American Stirs v City, the
plaintiff has challenged certain provisions of San Bernardino
Municipal Code Chapter 5.82 relating to the City's requirement
for Operator's Permits for various businesses. In order to
strengthen the ordinance against constitutional attack, the
attached ordinance is proposed to clearly specify that the City
is not requiring a permit for the selling of alcoholic beverages,
and is not, in this ordinance, controlling the right of free
speech through entertainment.
75-0264
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ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
5.82.020 AND 5.82.030 OF THE SAN BERNARDINO MUNICIPAL CODE
3 RELATING TO OPERATORS PERMITS
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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SECTION 1.
Sections 5.82.020 and 5.82.030 of the San
Bernardino Municipal Code are hereby amended to read as follows:
"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 person, or for any corporate entity, or as an officer
of any company, partnership or corporation, or otherwise,
to commence, manage, or conduct the business of operating a
hotel, motel, drive-through dairy, selling food or non
-aicoholic refreshments, or any business incidental or
auxiliary to the operation of on- and off-sale premises
licensed by the State Alcoholic Beverage Control, including
but not limited to restaurants, bars, cafes and the like,
in the City, without a valid and unsuspended permit issued
by the City Clerk or without complying with any regulation
of such business imposed under or by this chapter. The
operation of any business regulated by this chapter without
having such a permit from the City to do so, or without
complying with any and all regulations of such business
required by this chapter, shall constitute a separate
violation of this chapter for each and every day that such
business is so operated.
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DAB/ses
November 28, 1989
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1 ORDINANCE OF THE. CITY OF SAN BERNARDINO AMENDING SECTIONS
5.82.020 AND 5.82.030 OF THE SAN BERNARDINO MUNICIPAL CODE
2 RELATING TO OPERATORS PERMITS
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"5.82.030 Permit - Application.
An applicant for a permit for the operation of any
such hotel, motel, drive-through dairy, selling food or non
alcoholic refreshments, or a business incidental or
auxiliary to the sale of alcoholic beverages on premises
licensed by the Department of Alcoholic Beverage Control
(ABC) shall apply for and obtain an operator's permit. The
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application for such permit shall be filed with the City
Clerk, shall be signed under penalty of perjury and shall
be upon a form supplied by the City Clerk.
The
application shall contain the true names, addresses, and
15 criminal convictions, if any (except for infractions of the
16 Vehicle Code), of the applicant and all persons financially
17 interested in the applicant's business, and such other
18 information as may be deemed necessary by the City Clerk."
19 I HEREBY CERTIFY that the foregoing ordinance was duly
20 adopted by the Mayor and Common Council of the City of San
21 Bernardino at a meeting thereof, held on the
22 day of , 1989, by the following vote, to wit:
23 AYES: Council Members
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NAYS:
ABSENT:
City Clerk
DAB/ses
November 28, 1989
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
5.82.020 AND 5.82.030 OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO OPERATORS PERMITS
The foregoing ordinance is hereby approved this day
of
, 1989.
W.R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
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DAB/ses
November 28, 1989
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