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HomeMy WebLinkAbout20-City Clerk CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: City Clerk Subject: Appeal hearing regarding the City Clerk's determination of ineligibility for Livings Springs Fellowship to operate a fireworks stand in 2011. From: Rachel G. Clark, CMC, City Clerk Date: May 10, 2011 Meeting Date: May 16, 2011 Synopsis of Previous Council Action: 5/2/05 - Ordinance MC-1195 was adopted. Ordinance amending Chapter 8.60 of the San Bernardino Municipal Code relating to regulatory fees for fireworks. 2/18/03 - Ordinance MC-1138 was adopted. Ordinance amending Chapter 8.60 of the San Bernardino Municipal Code relating to fireworks. Recommended Motion: That the hearing be closed; and that the Mayor and Common Council uphold the decision of the City Clerk to deny the fireworks stand application submitted by Living Springs Fellowship. OR That the hearing be closed; and that the Mayor and Common Council grant the appeal and approve the fireworks stand application submi ed by Living Springs Fellowship. ~. Contact person: C':inrly R",."ht..r phnn,,'~'nn Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: Source: (Accl. No.) (A("("t nl::u~~rirtinn) Finance: Council Notes: .:::IIC9(J tJ)-(vr~tf STAFF REPORT Date: May 10, 2011 Subject: Honorable Mayor and Members of the Commou Council/Community Development Commission Rachel G. Clark, CMC, City Cl~~ Appeal hearing regarding denial of fireworks stand application submitted by Livings Springs Fellowship To: From: Backl!round: Ordinance MC-1138, adopted on February 18, 2003, sets forth the regulations for the sale of fireworks. Section 8.60.050(C) states that the maximum number of licenses issued during a calendar year shall be 35 and that section also sets forth the prerequisites for issuance of a fireworks license. Section 8.60.160 of the Municipal Code states, "No later than August 31 st of each year. ..each licensee operating a stand...shall submit to the City Clerk a financial summary of the total sales from fireworks.. .Licensees failing to comply with the afore-mentioned financial summary deadline of August 31 st shall be ineligible to receive a license for the sale of fireworks the following year..." Section 8.60.095(D) states, Failure by any licensee...to pay the amount invoiced by the City's Finance Department shall be cause to disqualify the licensee from obtaining a license to sell fireworks...in the City in the future." Living Springs Fellowship failed to turn in a financial statement to the City Clerk's Office for the sale of fireworks in 2010. Therefore, the organization's gross sales information was obtained from their fireworks supplier. An invoice for the regulatory fee was sent to Living Springs Fellowship on December 9, 2010. A phone call was received by the City Clerk's Office on January 24, 2011 from the group's representative requesting a payment plan. The representative was advised that the total amount due could be divided into three payments with the final payment due in March before the deadline for filing a 2011 fireworks application. The representative stated they would consider and phone back; however, this did not occur nor has the regulatory fee been paid. On May 4, 2011, Living Springs Fellowship provided a financial statement along with their appeal form stating, "We apologize for delay. Due to a turnover in church staff, this responsibility was overlooked." In addition, the appeal form states, "Financial summary has now been turned in and regulatory fee has been paid." Contrary to that statement, as of May 1 0, 2011 the regulatory fee has not been received by the Finance Department. Given the requirements outlined in Section 8.60 of the Municipal Code, a decision has been made to deny this organization a fireworks license. The appellant is requesting that the Mayor and Council allow Living Springs to operate a fireworks stand in the City of San Bernardino. If the Mayor and Council choose to waive the specified requirements for this organization, it would set a precedent for other organizations that have been denied fireworks stands due to their failure to submit paperwork and/or pay the regulatory fee within the specified time frame. The appellant has paid the $75 appeal fee. Financial Impact: None Recommendation: That the hearing be closed; and that the Mayor and Common Council uphold the decision of the City Clerk to deny the fireworks stand application submitted by Living Springs Fellowship. OR That the hearing be closed; and that the Mayor and Common Council grant the appeal and approve the fireworks stand application submitted by Living Springs Fellowship. CITY OF SAN BERNARDINO ,. i" ~ APPEAL FORM v- '( ,',1,_ i,';, " L \..,., ,.~ r. '. _ 1 \.' '[G\\ [VI' ' ,j " ' 'Dateffime Stamp: Office Use Only Copies Distributed To: o City Attorney 0 City Manager Date: IMPORTANT INFORMATION: All appeals to the Mayor and Common Council, Board of Building Commissioners (BBC) and Animal Control Commission must be filed in the City Clerk's Office. ADDellant Name: Address: Contact Person Name: Address: Day Phone: Evening Phone: E-mail: - Affected Property Address: Assessor's Parcel Number (APN #): Whose Decision Are You Appealing: ~ D".,'o..,D<<moo ~ ~ 0 'Ii, ~oard of Building Commissioners - $75.00 ayor and Common Council - $75.00* Planning Commission - Fee Adjusted Annually DAnimal Control Commission - $75.00 DPolice Commission - No Charge DOther: - No Charge *Note: Appeals to the Mayor and Common Council can only be from the Planning Commission and Police Commission. City of San Bernardino - City Clerk's Office - 300 N. "D" Street - San Bernardino, CA 92418 - (909) 384-5002 I. The action appealed: o , rQ~f, nQS hteff'l 3. The action(s) sought: " q ( ~ Q)DI1.