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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: City Clerk
Subject:
Appeal hearing regarding the City
Clerk's determination of ineligibility for
Victory Resource Center 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 Victory
Resource Center. OR
That the hearing be closed; and that the Mayor and Common Council grant the appeal
and allow the fireworks stand application to be submitted by Victory Resource Center.
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Signature
Contact person: r.inrly R".."hh'r
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Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Accl. No.)
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Finance:
Council Notes:
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ST AFF REPORT
Date:
May 10, 2011
Subject:
Honorable Mayor and Members of the Common Council/Community
Development Commission
Rachel G. Clark, CMC, City C~~
Appeal hearing regarding denial of fireworks stand application submitted by
Victory Resource Center
To:
From:
Backl!round:
Ordinance MC-I138, 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 8.60.050C of the Municipal Code states, "No applicant may receive more than one
license or participate in more than one fireworks stand during anyone calendar year."
Section 8.60.050D of the Municipal Code states, "One license may be issued to two or more
qualified applicants as a joint venture provided that the application for the joint venture is
submitted prior to the application deadline."
Section 8.60.030E ofthe Municipal Code states, "All applicants shall be required to demonstrate
how revenues received would benefit the citizens of San Bernardino by submitting official board
minutes detailing the intent... to sell fireworks. Such minutes shall detail what sites, populations,
or projects within the City will benefit and for what purposes."
Section 8.60.070A of the Municipal Code states, "No person, organization, group.. .other than
the licensee entity shall be allowed to operate the stand...or to otherwise participate in the profits
of the operation of such stand."
The 2010 fireworks application and accompanying board minutes (Exhibit A) submitted by
Victory Resource Center state, "The money we make from the fireworks sales will go towards
our youth boxing program, to help purchase a new ring, new equipment and travel expenses."
However, upon submittal of the 2010 financial statement showing gross sales and profits, the
organization stated under "Service projects already funded" that, "Net profit has been deposited
to Victory Outreach SB and will help fund the efforts of our young adult department." Victory
Outreach SB ran a separate fireworks booth in 2010 and both groups have again applied
separately for 2011.
The appeal by Victory Resource Center states, "The reason Victory Resource Center deposited
finances into Victory Outreach SB is because Victory Resource Center rents from Victory
Outreach SB and owed Victory Outreach SB back pay for rent and building usage fees for VBA
events hosted at Victory Outreach SB."
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 Victory Resource Center 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 in the future that do not abide by the Municipal
Code.
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 Victory Resource Center.
OR
That the hearing be closed; and that the Mayor and Common Council grant the appeal and
approve the fireworks stand application submitted by Victory Resource Center.
CITY OF SAN BERNARDINO
APPEAL FORM
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Copies Distributed To:
o City Attorney 0 City Manager
Date:
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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.
Aooellant
Name:
Address:
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Evening Phone:
Affected Property Address:
Assessor's Parcel Number (APN #):
Whose Decision Are You Appealing: .f\xeu-DV\L \Q~ S
Date of that Decision: JJr:m \ I L\ ,1D l \
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DBoard of Building Commissioners - 575.00
~ayor and Common Council- 575.00*
OPlanning Commission - Fee Adjusted Annually
DAnimal Control Commission - 575.00
DPolice Commission - No Charge
DOther: - No Charge
*Note: Appeals to tbe Mayor and Common Council can only be from tbe Planning Commission and Police Commission.
City of San Bernardino - City Clerk's Office - 300 N, "D" Street - San Bernardino, CA 92418 - (909) 384-5002
1. The action appealed:
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2. The grounds for appeal:
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4. Any additional information:
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VICTORY RESOURCE CENTER
SAlv BERlvARDIl\TO
FIREWORKS MEETING
2010
Fireworks Committee Meeting
Rick Alanis Jr., Danny Moreno,
Alex Gonzales, Ramon Ramos
Action Item: Fireworks Booth
We met with TNT to sign the fireworks paperwork. We have
decided to continue having our fireworks stand at our church
parking lot.
Rick will be In charge of the fireworks stand with the assistance
of Alex and Charlie. Alex and Charlie will help get the
volunteers to work at the stand and to stay overnight. Rick set
up the work schedules and work on promoting the stand to the
local houses in area and to our church members. We need to
try to get a generator this year so that we can get some more
lights on the stand.
The money we make form the fireworks sales will go towards
our youth boxing program, to help purchase a new ring, new
equipment and travel expenses.
Respectfully Submitted,
Rick Alanis Jr.
Fireworks Chairman
Victory Resource Center
San Bernardino
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