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CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
Dept: City Clerk
Date: June 18, 2002
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Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino, Califomia, amending
Resolution No. 96-188 by adding Dine
and Dance/Entertainment registrations
fees
.
From: Rachel G. Clark, CMC
Council Meeting: 7/15/02
Synopsis of Previous Council Action:
6/12/02
Referred to Mayor and Common Council by Ways and Means Committee
8/20/01
Resolution No. 2001-250 was adopted amending Resolution No. 1999-
173 relating to Dine and Dance/Entertainment license fee
7/13/99
Resolution No. 1999-173 was adopted setting certain fees in the City
Clerk's Office
6/1/96 Resolution No. 96-188 was adopted establishing business registration and
permit fees
Recommended Motion:
Adopt resolution.
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Signature ~ ~
Contact person: r.inrly RIIP,,..htp,r. RII~inp,c:c: ~p,ai~tr~tion Sup.
Phnn,,- I=vt ~n~~
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(A,..,..t np,~r.rirtinn)
Finance:
Council Notes: {2.e;;(l:l! ~()Od- - :::l'b C;
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino, California,
amending Resolution No. 96-188 by adding Dine and Dance/Live Entertainment fees.
This is a clean up item as discussed by the Ways and Means Committee.
Background:
Municipal Code Sections 5.14.080 A and B currently address the registration fees for Dine
and Dance/Live Entertainment. These code sections reference rates being set by resolution
adopted by the Mayor and Common Council. Resolution No. 96-188 currently sets all
business registration and permit fees. However, the fees for Dine and Dance/Live
Entertainment are not referenced in the current resolution.
Before Municipal Code Sections 5.14.080 A and B were adopted, registration fees for Dine
and Dance/Live Entertainment were set by Municipal Code Sections 5.12.070 A and B. We
request the following amendment to the current fee resolution to incorporate the prior fees.
There is no change to the fees; this is only to clean up the current fee resolution.
Pursuant to San Bernardino Fee
Municipal Code Section
5.14.080 .A. Registration fee for Dine and $200 per year or one half of one-tenth of one
Dance/Live Entertainment percent (.0005) on all dollar value of annual
gross receipts, whichever is greater, and
shall be paid in full at time of relristration
5.14.080.R Registration fee for Dine and $40 for each night.
Dance/Live Entertainment
We have attached a copy of Municipal Code Section 5.12.070 (Exhibit A) that contained the
fees prior to adoption of Municipal Code Chapter 5.14 and a copy of Municipal Code Section
5.14.080 (Exhibit B) that references Dine and Dance/Live Entertainment fees set by
resolution.
Financial Impact:
None - Fees will not change
Recommendation:
Adopt resolution.
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ENTERTAINMENT - DANCES
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under this chapter except the person. firm. corporation or
association of persons to whom the same is issued and at the
specific place for which it is issued.
C. The licensee shall make available to any police official of
the City upon demand the current names and addresses of
thc licensee. all persons who are directly engaged in the
management or operation of the business. all persons having
a financial interest in the business, and all employees or
agents.
D. The licensee shall. at the licensec's expense. cause each
person thereafter acquiring a financial interest in the busi-
ness. and each person who becomes directly engaged in the
management or operation or" the business to be finger-
printed at the Police Department.
(Ord. MC-294. 8-1-83; Ord. 3082 (part). 1970; Ord. 2794
(part). 1967;Ord. 763 ~ 4I(d)(C). 1920.)
5.12.070 License - Fee.
A. For every person. firm, corporation. or association of
persons conducting, operating. managing or carrying on a
public dance. dance hall. dancing club. dine and dance club
or night club as the same are defined in Section 5.12.010,
the license fee shall be two hundred dollars per year or one
half of one-tenth of one percent (.0005) on all dollar value
of annual gross receipts. whichever is greater. and shall be
paid in full between January I and January 31 of each year.
B. Every person. firm. corporation. or association of persons
operating. conducting, or carrying 9n a public dance where
the owner, manager or operator does not operate. conduct
or carryon a public dance at least one night in each month,
shall pay a license fee of forty dollars for each night. At the
discretion of the Chief of Police, the simplified application
process provided for in Section 5.12.120A may be utilized
by such persons, firms. corporations or associations.
(Ord. MC-312. 10-24-83: Ord. MC-294. 8-1-83; Ord. 3082
(part) 1970; Ord. 2794 (part), 1967;Ord. 763 ~ 41 (d)(D),1920.)
5.12.080 License - Denial.
If the Chief of Police finds. any of the facts prohibiting
issuance of a license as set forth in Section 5.12.040 eXist.
the Chief of Police shall decline to approve the applica~ion.
(Ord. MC.294, 8-1-83: Ord. 3082 (part), 1970; Ord. 2794
(part), 1967:0rd. 763 ~ 41 (d)(E). 1920.)
235
(San Bernardino ).84)
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to be covered.
5,14.070
License-Nontransferable-Posting
No entertainment establishment license shall be sold, transferred, or assigned
by any license holder, or by operation of law, to any other person, group, partnership,
corporation or any other entity, and any such sale, transfer or assignment, or
attempted sale, transfer. or assignment shall be deemed to constitute a voluntary
surrender of such license, and such license shall be thereafter null and void. A
license held by an individual in the name of a corporation or partnership is subject to
the same rules of transferability as contained above. License shall be valid only for
the exact location specified in the permit. Each license shall be posted in a
conspicuous place in or upon the premises for which it is issue, and shall be shown
to any City Official upon demand.
5.14.080
License-Fee.
A. For every person, firm, corporation or association of persons conducting,
operating, managing or carrying on a public dance, dance hall, dancing club,
dine and dance club or night club as the same are defined in Section 5.14.010,
the license fee shall be at the rate set by resolution adopted by the Mayor and
Common Council.
B.
Every person, firm, corporation or association of persons operating,
conducting, or carrying on a public dance where the owner, manager or
operator does not operate, conduct or carry on a public dance at least one
night in each month, shall pay a license fee at the rate set by resolutiQn
adopted by the Mayor and Common Council.
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5.14.090
License-Duration.
Licenses issued pursuant to this Chapter shall be valid for a period of one year
or until revoked or abandoned.
5.14.100
Exemptions from filing. processing and license fees
A. . A bona fide church, nonprofit organization or charitable organization
recognized as such urider state law, bona fide lodge, fraternal organization or
fraternal society which carries on such dances solely for the amusement or
~ntertainment of its bona fide members, or for the purpose of securing funds
for such organization fClr its own operating r.1eeds 9r for charitable purposes,
shall be exempt from payment of filing, processing and license fees.
5.14.110
Suspension/Revocation of license
The City Clerk shall suspend or revoke a permit issued under the provisions
of this chapter for any of the following reasons:
A. The licensee has ceased to meet the requirements fQr issuance of license;
B. The applicant gave materially false, fraudulent or misleading information on
the application;
[Rev. September 25,2001]
5-51
EXlf161T "8/1
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Memorandum
Date:
Copies:
Re:
Members of the Ways and Means Committee
Lee Gagnon, Business Registration Supervisor
Aprilll, 2002
Rachel G, Clark, City Clerk
Dine & Dance/Live Entertainment Fee Survey
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To:
From:
On April I 0, 2002 we conducted a survey of other cities to determine what fees they charged
with respect to Dine and Dance/Live Entertainment businesses, Attached are the results of that
survey,
Currently the City of San Bernardino has 40 businesses registered under the Dance and
Dance/Live Entertainment category, Of these 36 are registered as Dine and Dance and 4 are
registered as Live Entertainment.
AI1 businesses that have been registered under the Dine and Dance/Live Entertainment category
were required to pay an investigation fee of $200,00 prior to paying their business registration
fee, If a business is registered as a Dine and Dance establishment their registration fee is
computed as $60,00 for the first $25,000,00 and ,0005 on al1 dol1ar volume in excess of
$25,000,00, Using this formula a business with gross receipts of $305,000,00 would pay a
business registration fee of $200,00 per year in the City of San Bernardino,
If a business is registered as Live Entertainment the business registration fee would be $200.00
for the first $400,000,00 of gross receipts and ,0005 on al1 dol1ar volume in excess of
$400,000,00, Using this formula a business with gross receipts of $500,000,00 would pay a
business registration fee of$250,00,
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DINE & DANCE/LIVE ENTERTAINMENT FEES
Survey Conducted 4-11-02
City Fee
Colton They do not have any places that meet
our dine & dance category. However
they do charge the individual dancers
at the Fantasy Club a $90.00 per
, person fee.
Corona 0- $30,000 $55 plus $26 application
fee. Fee increases on a sliding scale as
receipts go up with the $26 application
fee to $2,000,000, which is $440, plus
the application fee. In excess
of$2,OOO,OOO, the fee is $440 plus 2%
of the gross in excess of the 2,000,000
plus the application fee.
Costa Mesa Food portion fee goes from zero to a
maximum of $200. The $200 is
reached at a gross of $500,000. The
dancing/ entertainment portion of the
business would have to have Public
Entertainment Permit which
is $270. Special events have a $100
fee.
Fontana Food Service $50 up to $50,000, 25
cents a thousand for any amount
above the $50,000. There is a $35
application fee for new accounts & a
$15 fee for all renewals. Entertainment
providers in establishments must have
a business license. The fee is $100 for
the 18t $50,000 and $1.00 for each
additional thousand. There is a $25
per dav special event fee.
Ontario $50 plus 20 cents for each additional
$1000. No fee for entertainment but
would reouire zonin" approval.
Pomona Food portion is $83.25 for the 18t
$10,000. Each addition $1,000 of
income is 75 cents more to the fee.
Dancing is charged on a quarter basis
of $53 for the 18t night and $28.50 for
each additional night. LE dancing
Thurs, Fri & Sat nights would generate
a fee of $llO/qtr total of $4401yr. Live
entertainment requires a special event
permit $790 plus $200 deposit. This
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Pomona (continued) fee is the result of Rave parties being
held in the downtown area.
Rancho Cucamonga Need to have 3 licenses. The one for
food is based on a sliding scale
depending on the gross receipts. They
have a flat rate cocktail license for the
bar, which is $100. They also have to
have a dance permit which is an
additional $100.
Redlands No special fee for dancing/live
entertainment. Would be charged $12
for the 1.' $5000 gross and $3 for
every $5000 or major portion of
$5000. No can on amount
Rialto Based on gross receipts, sliding scale
0-25,000 $79, 25,001-50,000 $92,
50001 to 75000, $104, 75001-to
100,000 $117, There is an additional
fee of $50 for each additional $100,
000 of gross. There is no additional fee
for entertainment.
Riverside Food portion is based on gross. $0-
$25000 is $86.50. From $25,000 -
$500,000 there is an additional fee of
58 cents/thousand. Anything in
excess of $500,000 is charged at a rate
of 11 cents/thousand. If the
entertainment or DJ is not paid by the
business, they are required to have
license at the cost of $99.50/ yr. If paid
by the business, no license is required,
but the business must have all the
necessary clearances from Planning
and Code Enforcement.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING
SOLUTION NO. 96-188 BY ADDING DINE AND DANCEIENTERTAINMENT
GISTRATION FEES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
F SAN BERNARDINO AS FOLLOWS:
SECTION I. Resolution No. 96-188 is hereby amended by adding the following
anguage:
"Section 2. 5.14.080. A. Registration fee for Dine and DancelLive Entertainment -
10 200 per year or one half of one-tenth of one percent (.0005) on all dollar value of annual gross
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14 III
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eceipts, whichever is greater, and shall be paid in full at time of registration.
5.14.080.8. Registration fee for Dine and DancelLive Entertainment - $40
or each night."
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION
2 NO. 96-188 BY ADDING DINE AND DANCE/ENTERTAINMENT REGISTRATION
FEES.
3
4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
the day of
7
Council Members:
8
9 ESTRADA
10 LIEN
11 McGINNIS
12 DERRY
13 SUAREZ
.
14
ANDERSON
15
5
Common Council of the City of San Bernardino at a
6
meeting thereof, held on
2002, by the following vote, to wit:
AYES
NAYS
ABSTAIN
ABSENT
16 McCAMMACK
17
18
19
20
21
Rachel Clark, City Clerk
The
foregoing
resolution IS
hereby approved this
day of
,2002.
22
23
Judith Valles, Mayor
City of San Bernardino
Approved as to form
24 and legal content:
25 ames F. Penman
26 City Attorney
.
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): ')-1 S -0 ;;l Item # I d- Resolution #
Vote: Ayes 1-'1 Nays.()- Abstain-e--
Change to motion to amend original documents: ~
dOGd- - d3..<;
Absent -G-
Reso. # On Attachments: -==-- Contract term: -
Note on Resolution of Attachment stored separately: -=-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: '1-l (." -0 ~
Date of Mayor's Signature: 'l-Il-Ci';;>
Date of Clerk/CDC Signature: 1/-\ 1-0:7
Date emo/Letter Sent for Signature:
60 Day Reminder Letter Sent on 3
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
See ched:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney /
Parks & Rec.
Code Compliance
Dev. Services
Police
Public Services
Water
Notes:
NullNoid After:
By: -
Reso. Log Updated: V
Seal Impressed: ,/
Date Returned: -
Yes ~ No By
Yes No V By
Yes No ---L- By
Yes No -7- By
Yes No_
EDA
Finance /
MIS
Others:
CI1 C[.tdy-
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: fry(
Date: fI- (5f .() 7
Revised 01112/0 I